Articles Posted in DUI

A 24-year-old woman was arrested and charged with three misdemeanor counts of Driving Under the Influence and Child Endangerment after she crashed into a parked car in Anaheim, California. A four-year-old child was injured in the accident, and was taken to the hospital where she was treated and later released. Because the child was a passenger in the driver’s car, there is the additional charge of child endangerment.

In this situation, not only is this woman facing the added serious charge of child endangerment, she faces the possibility of sentence enhancements if convicted of the DUI charge. In situations where a person is convicted of DUI and, at the time of the arrest for DUI, had a child under the age of 14 years in the car, the court may impose sentence enhancements of an additional 48 hours in jail, on top of the penalties and punishments associated with the DUI conviction. The enhanced jail time goes up with every prior DUI a person has suffered.

As previously mentioned, a person must be convicted of Vehicle Code Section 23152, driving under the influence, in order for the court to impose sentence enhancements. This means that if your attorney is successful in fighting the DUI charge, the enhanced punishment would obviously not apply. However, even if your attorney is unable to get the DUI charge dismissed, a good DUI defense attorney will work aggressively to get the DUI charge reduced in order to avoid the sentence enhancement. As an example, a successful plea bargain might be a reduction from DUI to a wet reckless. Although a wet reckless is priorable when it comes to any future DUI charges, the enhancement for having a child in the car would not apply.

The charge of child endangerment, Penal Code section 273a, is what’s known as a “wobbler” meaning that the District Attorney can elect to file it as either a misdemeanor or a felony, depending upon the circumstances of the case and the prior criminal history of the person being charged.

The prosecution must prove certain elements of the crime in order for a person to be convicted of Penal Code section 273a. Those elements include:

1. The willful inflection of unjustifiable physical pain or mental suffering on a child, under the age of 18 years, or
2. That, as a result of criminal negligence the child was allowed to suffer unjustified physical pain or mental suffering, or
3. That under your control or care, you:
a. Willfully caused, and as a result of criminal negligence, allowed the child, or the health of the child to be injured; or
b. Allowed the child to be placed in a situation they, or their health, was endangered.

The penalties for a conviction of misdemeanor child endangerment may include:

1. A minimum of four years informal probation;
2. Up to one year in county jail;
3. Fines of up to $1,000.00;
4. A protective order, protecting the child from further danger;
5. A one year child abuser’s treatment program; and
6. If, at the time of the offense, you were under the influence of a controlled substance or alcohol, the court may impose an order that you not use alcohol or drugs during your probationary period. This may include random drug testing.

The penalties for a felony conviction of child endangerment may include:

1. All of the penalties outlined above, with the exception of jail time and fines.
2. Four years formal probation;
3. State prison for a period of two, four or six years;
4. A maximum $10,000.00 fine;
5. If there was infliction of great bodily injury or harm to the child, an additional and consecutive three to six years in prison; and
6. A possible strike.

The charges of DUI and child endangerment are very serious and can have long lasting effects on a person’s life. Retaining the services of an aggressive, experienced criminal defense attorney, who has experience negotiating with the District Attorney in these types of matters, can make the difference in jail or prison and probation.

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Orange County law enforcement agencies conducted DUI checkpoints and saturation patrols over the Labor Day weekend. The campaign began on August 17 through September 3, 2012 and resulted in 843 arrests. The Orange County Sheriff’s Department expects that number to rise once the final results from all agencies are in.

DUI checkpoints are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts.

The guidelines for conducting a DUI Checkpoint are as follows:

1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field;
2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop;
3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required;
4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests;
5) The time and duration of sobriety checkpoints are also important;
6) High visibility is required so that the drivers can easily see the nature of the roadblock;
7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and
8) Sobriety checkpoints must be announced to the public in advance.

The Supreme Court has also stated that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested for DUI at a sobriety checkpoint should contact an experienced Orange County California DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

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California Vehicle Code 23152(a) makes it illegal to drive under the influence of alcohol or drugs. As an Orange County DUI Defense Attorney, practicing criminal defense law in Orange County, California for 20 years, I have seen countless situations where people are surprised to learn that they can be arrested and charged with DUI on drugs, even if the drug is a prescription drug prescribed to them by their doctor.

When it comes to driving, California law defines “drugs” as any substance other than alcohol that could affect your nervous system, brain or muscles. You are considered “driving under the influence of drugs” when those drugs impair you to the point that you can no longer drive like a sober person under similar circumstances.

Driving under the influence of drugs is investigated and prosecuted differently than driving under the influence of alcohol. In most cases, the stop and roadside investigation is conducted by a drug recognition expert “DRE”, who has been trained to identify drug impairment. Unlike DUI involving alcohol, which specifically makes it illegal to drive with a blood alcohol level of .08 or greater, there is no specific number that identifies excessive blood toxicity in a DUI of drugs. For this reason, DUI of drugs is a bit more difficult for the prosecution to prove.

Some defenses that should be considered by a good DUI of drugs defense attorney are: 1) Just because you had drugs in your system does not necessarily mean that you were “under the influence”; 2) there are physical conditions that can be mistaken as the symptoms of drug impairment; and 3) failure to comply with California’s Title 17 procedures, which deals with collection, storage and/or analysis of blood or urine samples.

DUI of drugs is a misdemeanor but can be charged as a felony under certain circumstances such as it being your fourth DUI offense, any prior felony DUI convictions, or your DUI causes an accident that causes injuries to a third party.

The penalties for driving under the influence of drugs are much the same as in DUI involving alcohol. A conviction for DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing a DUI conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced and/or dismissed. A key factor in choosing an attorney is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Anyone who has been arrested for DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

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According to the state’s Office of Traffic Safety, Orange County cities have the highest number of alcohol related accidents than any other in the State of California. As an experienced Criminal Defense Attorney practicing in Orange County for 20 years, I have watched Orange County police agencies become more and more aggressive when it comes to driving under the influence. However, despite the thousands of dollars spent each year on DUI checkpoints and police patrols, the numbers continue to climb. Some attribute this to summer beach crowds and the beach bars that service them.

Newport Beach and the city of Orange had the state’s highest rate of crashes involving alcohol, when compared to other California cities their size. Huntington Beach has one of the highest DUI arrest rates in the state for its size. Santa Ana has the third highest rates of among California’s biggest cities, despite twice-a-month DUI checkpoints, with Costa Mesa ranked number 4 of the worst among mid-sized cites.

Because of the high rate of alcohol related driving arrests in Orange County, I have become extremely familiar with the rules, laws and requirements each officer must follow when it comes to DUI arrests. I have consequently become familiar with the mistakes that officers make and/or their lack of knowledge or interest in following the strict guidelines associated with stopping, detaining and arresting someone for DUI.

Police officers must have “reasonable suspicion” to pull over a person. Reasonable suspicion that a crime has been or is about to be committed is all that is necessary. However, having been a DUI Defense Lawyer in Orange County for many years has shown me that most stops are based on probable cause such as simple traffic violations and/or reckless driving. If an officer suspects a person is driving under the influence, but the person has not violated any traffic violation, the police officer must have a “reasonable suspicion” before the driver can be pulled over.

When a police officer pulls someone over and suspects that the driver is intoxicated or under the influence, the officer may then administer field sobriety tests. What most people don’t know is that the roadside, hand-held breathalyzer, the Preliminary Alcohol Screening (PAS) test is considered a field sobriety test and is used to assist the officer in deciding whether or not to arrest the driver for DUI. It is not required that anyone submit to this roadside PAS tests and therefore may be refused without consequences. If however, the officer determines that the driver was driving while intoxicated, and arrests the driver, the driver is then required, under the Implied Consent Law, to submit to a chemical test of their blood or breath. Urine tests are typically only given when there is reason to believe that the driver is under the influence of drugs and alcohol. If, after arrested, the driver refuses to submit to a chemical test, this is a refusal and is subject to strict consequences with both the DMV and the Courts.

There are many things that should be taken into consideration when a person performs poorly on a field sobriety test. A number of things can affect a person’s performance when being asked to perform a roadside field sobriety test. First, anyone who is pulled over by a police officer, especially late at night, typically is nervous. When asked to perform a field sobriety test, the natural instinct of a person is that they must perform perfectly or they will be arrested for DUI or DWI, even if neither is the actual fact.

An experienced DUI Defense Attorney will look closely at the police report and at the conduct of the investigating officers. Specifically, any misconduct or violation of rights must be taken into consideration. Further, if a field sobriety test was performed, and this is what the arrest was based on, it should be challenged due to the fact that field sobriety tests are subjective, basically the opinion of the officer performing the test. There are many factors, other than alcohol, that can affect the way a person performs on FSTs. Here is a list of such factors:

– weather
– poor lighting
– uneven surface conditions
– the distraction of traffic, lights and spectators
– the type of footwear being worn
– fatigue
– weight, age, physical condition and natural coordination
– nerves
– intimidation
– the officer’s instructions
– illness, and/or
– injury
Any or all of these factors can affect a person’s performance of an FST exercise. However, these tests are still considered reliable. An experienced DUI defense lawyer should still challenge the manner in which the tests were administered, the bias of the DUI officers and the fact there are a number of situations that can explain a person’s poor performance. Officers rarely, if at all, take the time to consider the factors listed above.

Anyone who has been arrested for DUI in Orange County, California, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

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Officials with the California Office of Traffic Safety said 30% of drivers killed in car accidents in 2010 tested positive for legal and/or illegal drugs. So, while the number of alcohol related driving deaths is on the decline, the number of drugged and driving related accidents has increased. As an experienced DUI Defense Attorney, I can say that Orange County California Courts are among the strictest in the State when it comes to Driving Under the Influence.

The Office of Traffic Safety, along with the California Highway Patrol have teamed up in an effort to teach officers how to better spot drugged drivers and arrest them. Police departments across the state are also being urged to send officers to get special training on the issue and become Drug Recognition Experts.

According to the CHP Commissioner, training law enforcement will be the key to successfully removing drug-impaired drivers from the road.

It is clear that law enforcement is becoming more aggressive in their efforts to remove impaired drivers from the road. Along with the Orange County, CA, DUI Task Forces and Roving Saturation Patrols, it is only a matter of time before there will be special teams designated to recognize and arrest “drugged drivers”.

A conviction of DUI carries severe and long lasting effects on a person’s life. An experienced DUI defense attorney can help to minimize the consequences of being arrested and charged with driving under the influence.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DU conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced criminal defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor. A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

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A conviction of DUI carries severe and long lasting effects on a person’s life. An experienced DUI defense attorney can help to minimize the consequences of being arrested and charged with driving under the influence.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced criminal defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor. A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

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In California, you may be charged with misdemeanor hit and run if you: 1) leave the scene of an accident; 2) without first identifying yourself to the other party or parties involved, and 3) another’s property was damaged in the accident. Hit and run becomes more serious when charged with DUI, significantly increasing the need for an experienced DUI defense attorney.

There are two types of hit & run offenses in California, misdemeanor and felony. The difference between a misdemeanor hit and run and a felony hit and run is that a misdemeanor deals with property damage whereas the felony charge deals with injury. You may be charged with a felony hit and run if someone other than yourself was injured. Hit and run under the influence cases involve multiple offenses including DUI, leaving the scene of an accident, property damage and/or injury to another, reckless driving and in some cases, death, civil liability, and the possibility of penalty enhancements. Penalty enhancements can occur when there is an excessive blood alcohol level, driving with a revoked of suspended license and prior offenses. A DUI causing injury alone is what is known as a “wobbler”, meaning that it can be filed as either a misdemeanor or a felony.

Looking at the charges independent of one another, in order to be convicted of misdemeanor hit and run, the prosecutor must prove that: 1) you were involved in an accident that resulted in another’s property being damaged; 2) that you knew an accident had occurred; and 3) that you were involved in the accident where either you knew property was damaged, or that the accident was of such a nature that it was probable that another’s property was damaged, and that you failed to perform the duties required when involved in an accident. It becomes a felony if injury or death to another resulted from the accident.

Some defenses to misdemeanor hit and run include: 1) That the only damage sustained was to your car; 2) that you lacked knowledge either about your involvement in the accident or about the damage; and/or 3) that it wasn’t you who was involved in the accident. An attorney experienced in defending hit and run cases knows that eyewitness accounts are rarely accurate when remembering the chain of events, which can lead to a person being wrongly accused. Visiting the scene of the accident and exploring the possibility of employing an accident reconstruction expert, are some of the things a good defense attorney should do.

Leaving the scene of an accident due to DUI in a state of panic is a natural survival mechanism. A sort of act of self-preservation that many people experience when involved in a hit and run DUI accident.

In challenging the dui charge, an aggressive California DUI defense attorney will look for possible errors made by the police officers involved. Some things to be considered are lack of probable cause, improper search & seizure, and breath, blood and field sobriety test, which may have been improperly performed.

Because there are so many offenses involved with hit and run DUI cases, it can be extremely overwhelming to face without the help of an attorney who has experience with both hit and run and DUI. The goal of a good attorney will be to have the case dismissed. But, at the very least, looking at the charges independently, getting any felony charges reduced to misdemeanors and getting one or more of the misdemeanor charges dropped, will ensure the best outcome.

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Anyone who has been convicted of a DUI can have the conviction expunged. The only requirements are that you were placed on probation and that you successfully completed your probation. At the end of the probation period, you can petition for the court to expunge your conviction. If you had an Orange County Criminal Defense attorney represent you on your DUI, then that attorney will most likely handle the expungement as well.

Basically how it works is that once you have completed your probation, your DUI defense attorney will file a petition requesting that the case be expunged. The Judge grants the order and your guilty plea is withdrawn and the case is dismissed.

One of the major benefits of expunging a conviction for driving under the influence in Orange County, California is that your employer or perspective employer can justify your continue employment or new employment, now that the case is dismissed. Further, once your case is expunged, you do not have to disclose on applications that you were ever convicted of a DUI.

Anyone who has a DUI conviction should seek out an experienced criminal defense attorney and have their case expunged and then dismissed.

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