Archive for the ‘ DUI ’ Category

ALCOHOL ABUSE MAY BE RISING

Posted on: July 13, 2015 by in DUI
No Comments

Orange County DUI attorneyCalifornia Vehicle Codes 23152(a) and 23152(b)

In the United States in 2015, the lives of nearly 33 million adults are impacted by alcohol abuse or addiction, and about 80 percent of those 33 million adults have never sought counseling or treatment. That’s one of several findings in a recent study published by the National Institute on Alcohol Abuse and Alcoholism (NIAAA). The research also found that alcohol abuse may be rising in the United States. Whether or not you have a “problem” with alcohol use or abuse, when you’re charged with driving under the influence in southern California, you have a problem with the law. You can get help for the legal problem by contacting an experienced Orange County DUI attorney immediately after a DUI arrest.

The NIAAA researchers surveyed approximately 36,000 adults about their alcohol consumption. Four in ten adults said that in the last year, they had consumed five or more drinks at a time at least once. That’s up from three in ten a decade ago. It’s important for everyone to know that both public and private alcohol counseling and treatment programs are available in abundance in Orange County and throughout southern California.

Whether you merely have a social drink with friends, or you drink somewhat more frequently, if you’re accused of DUI in Orange County under California Vehicle Codes 23152(a) and 23152(b), you’ll need high-quality legal advice and representation at once. Along with DUI counseling and classes, a sentence for a DUI conviction can also include time in jail, a fine from $390 to $1,000, a suspension of your driver’s license, and harsh terms of probation. Pleading guilty to a first-time DUI may seem like the quick and expedient thing to do; don’t do it. If you’re arrested for DUI, don’t try to be your own attorney, and don’t plead guilty. Instead, fight the charge with the help of an experienced Orange County DUI attorney.

THE “HARVEY WAIVER” IN CALIFORNIA LAW

Posted on: July 8, 2015 by in DUI
No Comments

Orange County DUI attorneyCalifornia Vehicle Codes 23152(a) and 23152(b)

Sometimes in California, a criminal defendant can be sentenced for a crime without actually being convicted of the crime. That’s right. If you are charged with two offenses at the same time – say DUI and reckless driving, or DUI and hit-and-run – you might be offered a plea bargain that includes a “Harvey Waiver.” Of course, you should consult with an experienced Orange County DUI attorney before agreeing to any DUI-related plea bargain, but basically a Harvey Waiver works like this. The state offers to keep one of the charges off your criminal record if you agree to serve the sentence you would have served if you had been convicted of that charge.

A Harvey Waiver allows the state to punish you for a crime without the expense and trouble of a trial. What you get in return for accepting a Harvey Waiver is a criminal record that does not show the charge or conviction. Especially in DUI cases when a second charge is involved, the Harvey Waiver is a tool that prosecutors use frequently in California.

If you are charged with DUI in Orange County under California Vehicle Codes 23152(a) and 23152(b) – whether or not you’re also facing a second charge – contact an Orange County DUI attorney immediately. Good DUI lawyers successfully represent clients in every county in California by aggressively challenging prosecutors and working for reduced charges, dismissals, and acquittals.

In some cases, however, when there are two crimes and the evidence against a defendant is conclusive, the prosecutor may offer a Harvey Waiver. Don’t accept it – or any other offer – without careful consideration and the advice of your DUI attorney. Your decision will have to be based on your own personal situation and needs. If you are charged with DUI, now or in the future, be absolutely certain that you have high-quality legal advice, and call an experienced Orange County DUI attorney promptly.

TEENS AND THE OC DUI TASK FORCE

Posted on: July 1, 2015 by in DUI
No Comments

Orange County DUI defense lawyerCalifornia Vehicle Codes 23152(a) and 23152(b)

Each year since 2009, more and more of the California drivers who die in traffic accidents have tested positive for drugs. In 2009, 27.8 percent of the drivers killed in California traffic collisions tested positive for drugs; by 2013, that figure was up by an additional five percent. In response, California police agencies are focusing on teenage “drugged driving.”

In April, a number of area law enforcement groups met to learn more about the increasing number drug-related DUI charges involving teens. The Orange County DUI Task Force is committed to educating young people about the prevention and consequences of drugged driving. If your teen is accused of DUI in Orange County – whether the allegation involves drugs or alcohol or both – fight the charge and contact an experienced Orange County DUI defense lawyer as quickly as possible.

The agencies represented at the Task Force gathering – local law enforcement agencies and the California Office of Traffic Safety – unveiled their newest plans for combatting drunk and drugged driving. Many speakers mentioned the case of Sommer Nicole Gonzales, 19, who was convicted in Orange County the same week that the Task Force met. The young woman is going to prison for eleven years for driving into and killing a bicycle rider when she was high on methamphetamine in 2014.

If you’re a parent, talk with your teens about the dangers and the consequences of driving under the influence. If your teenager is charged with DUI in California, and the prosecution can prove its case beyond a reasonable doubt, there’s no reason to expect mercy from the court. However, a good DUI defense lawyer can often successfully challenge the state’s evidence. Of course, no final result can ever be guaranteed in any particular criminal case, but if your teen is charged with DUI in Orange County, consult at once with an experienced Orange County DUI defense lawyer.

DUI? YOU NEED A DUI ATTORNEY

Posted on: June 24, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI attorneyFar too many of the people who are charged with DUI in California simply plead guilty and take the penalties. But when you look at the number of DUI arrests in California and compare it against the number of convictions, you can see that many other Californians are challenging DUI charges successfully. And when you consider the consequences of a California DUI conviction, it’s easy enough to see; retaining the services of a good DUI defense lawyer is a smart investment. If you are accused of driving under the influence in Orange County, contact an experienced Orange County DUI attorney immediately.

Shockingly enough, many of the drivers charged with DUI under California Vehicle Codes 23152(a) and 23152(b) don’t even think about retaining legal counsel. If you don’t, and you plead guilty, you’ll be fined, your driver’s license will be suspended, you’ll be ordered to attend DUI school, your insurance rates will go up, and you might even spend time behind bars.

Why hire an attorney to handle your DUI case? A good DUI lawyer understands the unreliability of field sobriety and chemical DUI tests. An experienced attorney is also trained in interrogation and cross-examination, so if there’s an error or a discrepancy in the arresting officer’s testimony, it will be exposed. Even if the evidence against you is devastating, and you’re convicted, a DUI lawyer will still advocate for reduced or alternative sentencing.

Whether the DUI charge against you is a felony or a misdemeanor, and whether it’s your first DUI offense or you’ve been through the system before, every California DUI case is serious. You must have experienced counsel. In Orange County or anywhere else in southern California, after any DUI arrest, put your case in the hands of an experienced Orange County DUI attorney as quickly as possible.

REMOVE YOUR ANKLE BRACELET – GO TO JAIL

Posted on: June 17, 2015 by in DUI
No Comments

California Penal Code 310.7 and 310.10

Orange County criminal defense attorneySince 2011, when the United States Supreme Court ordered California to relieve prison overcrowding, California’s judges have frequently imposed alternative sentencing. Requiring offenders to use a GPS tracking device is commonly an element of alternative sentencing. If you have been sentenced to parole or to house arrest in California with a GPS device, and you remove that device without authorization, it’s a violation, and your parole officer can have you jailed immediately under California Penal Code 310.7. A hearing will be held, your parole may be revoked, and you could serve the remainder your sentence in custody. You’ll need the immediate help of an experienced Orange County criminal defense attorney.

The use of GPS devices to monitoring convicted offenders was first approved by California voters in 2006. Proposition 83, the initiative that introduced GPS monitoring, was meant to reduce prison overcrowding, but within its first fifteen months, more than 5,000 convicted California offenders faced jail time for tampering with their tracking devices.

Convicted sex offenders now receive a mandatory minimum sentence of 180 days for removing their GPS devices under California Penal Code 310.10. That minimum sentence may go up this year if a proposal currently being considered in Sacramento is adopted. A bill sponsored by State Senator Pat Bates (R-Laguna Niguel) would make it a felony and would increase the minimum sentence to three years for sex offenders who disable their tracking devices. The proposal is a response to the case of two Anaheim parolees who removed their GPS devices and allegedly murdered four people after fleeing to Las Vegas and then Alabama.

If you are accused of a sex crime or any serious crime in Orange County or anywhere in southern California, or if you’re at risk of going to jail because you’ve been charged with removing a monitoring device, put your case immediately in the hands of an experienced Orange County criminal defense attorney. With your freedom at stake, don’t wait to make the call.

THE MOST SEVERE DUI SENTENCE

Posted on: June 12, 2015 by in DUI
No Comments

California Penal Code 191.5(a)

Orange County DUI attorneyMost people charged and convicted of DUI in California are charged and convicted for a first-offense misdemeanor. Most of these drivers haven’t harmed anyone or damaged any property. They “learn their lesson” and don’t become repeat offenders. In California, if you cause a fatality by driving under the influence with “gross negligence,” the charge under California Penal Code 191.5(a) is gross vehicular manslaughter while intoxicated, a felony sometimes punishable by up to ten years behind bars. Obviously, if you are charged with a crime this serious in southern California, you’ll need high-quality, immediate legal help. Arrange as quickly as possible to speak with an experienced Orange County DUI attorney.

California aggressively enforces the law against driving under the influence, and the penalties can be severe. A fourth DUI within ten years or any DUI with an injury or a fatality is prosecuted as a felony. But a young Pennsylvania man is facing a sentence that’s harsher than any DUI penalty in California. Thomas Gallagher Jr., 29, could reside in a Pennsylvania state prison for the next half-century, and he’ll be there for at least the next twenty years. Gallagher, according to Pennsylvania authorities, was the driver responsible last summer for 18-year-old Meredith Demko’s death in Lancaster County. According to court records, the young man’s blood alcohol content level registered at nearly three times the legal limit. Gallagher was also high on heroin at the time of the crash, authorities charged, and his license had been suspended due to a previous DUI conviction.

Although there are no fifty-year sentences for DUI in California, even a misdemeanor first-offense conviction can land you in jail for up to a year in this state. If you are charged with DUI in Orange County or anywhere else in southern California, fight the charge with help from a trustworthy DUI attorney. Test results can be challenged; witnesses can be cross-examined; the reason you were stopped may not even have been legal. You’re innocent until you are proven guilty. After any Orange County DUI arrest, put your DUI case in the hands of an experienced Orange County DUI attorney, and make the call immediately.

ARE BREATHALYZERS RELIABLE?

Posted on: June 10, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI attorneyIn Orange County, if you are accused of DUI because of a breathalyzer exam result, get the legal assistance you need immediately by speaking to an experienced Orange County DUI attorney. For a number of reasons, breathalyzer machines are generally unreliable for measuring intoxication levels. Now, dozens of Massachusetts DUI cases are being questioned. Authorities found a calibration problem with breathalyzers being used in Amesbury, and sixty-nine DUI cases in Massachusetts are reportedly now being reviewed. Amesbury and other towns in Essex County, Plymouth County, and Cape Cod will depend on field sobriety tests for making DUI arrests in the near future.

In California, the most-used breathalyzer has been the “Intoxilyzer 5000” made by CMI, Inc. How accurate is it? One Idaho man drank a tiny cup of gasoline – which contains no alcohol – and the Intoxilyzer 5000 measured his blood alcohol content level at almost four times the legal limit. If you use antacids, suffer from acid reflux or diabetes, or work with chemicals like toluene or turpentine – or even paint – a breathalyzer might say that you’re intoxicated when you haven’t had a drop.

In the 2013 case Vangelder vs. California, this state’s Supreme Court ruled that testimony from experts who’ve found that breathalyzers are generally unreliable may not be introduced at trial. However, a DUI attorney may still claim that a specific breathalyzer machine is faulty or was operated improperly. That’s one reason why, if you are charged with DUI in Orange County, you must have the help of an experienced Orange County DUI attorney at once.

A California DUI charge puts your freedom, your future, and your driver’s license at risk. Protect yourself; if you are charged in Orange County with DUI – now or in the future – under California Vehicle Codes 23152(a) and 23152(b), and if that charge is based on a breathalyzer result, speak with an experienced Orange County DUI attorney immediately.

DUI ENFORCEMENT IS EVERYWHERE

Posted on: June 5, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI lawyerCan you be arrested for DUI in California if you’re at your own home? The fact is, if a police officer sees you driving and suspects that you are impaired, it doesn’t matter where you are. Let’s say you’ve been with friends and you’ve had several drinks. It’s only a short drive home, and you think you can make it – you have before. But if a police officer sees you driving and believes that you are intoxicated, you may be arrested for DUI in your own driveway or even your garage. If you drive a motor vehicle in California and your blood alcohol content (BAC) level measures 0.08 percent or higher, you can be arrested and charged with DUI.

If you’re accused of DUI in Orange County or elsewhere in southern California under California Vehicle Codes 23152(a) and 23152(b), contact an experienced Orange County DUI lawyer immediately. It doesn’t matter if you’re arrested at your own residence or in some other part of the state. A DUI conviction in California has substantial long-term ramifications – even if the conviction is for a first offense without property damage or injuries. Never plead guilty to a DUI charge. Instead, dispute the charge, and let a good Orange County DUI lawyer fight for justice on your behalf.

Of course, the best way to avoid being charged with DUI is to avoid drinking before you drive. If you choose to enjoy a few drinks – even if you feel fine at the end of a night – call a taxi or have a designated driver. If law enforcement officers stop you at your own home, politely refuse to answer any questions and insist on your right to have an attorney present during questioning. If you’re arrested, don’t wait. Make the call to an experienced Orange County DUI lawyer as quickly as possible.

IT DOESN’T MATTER WHAT YOU DRIVE

Posted on: May 27, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI lawyerMichael Kimmel, 40, was arrested in April in Kentucky because the police say he was riding a horse while intoxicated on U.S. Route 23 in Floyd County. In January, Steve Anderson was arrested for operating a Zamboni machine while intoxicated at a high school hockey game in Fargo, North Dakota. Kenneth Welton, 53, was arrested in Garden City, Colorado, last year after allegedly driving drunk from bar to bar in Garden City on a lawnmower. Earlier last year, Jeffrey Rose, 35, of La Quinta was arrested for suspicion of DUI when a passenger fell from his golf cart. People have been charged with DUI for operating mopeds, tractors, ATVs, bicycles, and adult trikes. If you’re charged with DUI in Orange County under California Vehicle Codes 23152(a) and 23152(b) – whether you were riding a horse or driving a big rig – take your case at once to an experienced Orange County DUI lawyer, and get the legal help you’re going to need as quickly as possible.

The law in California provides a broad definition of what’s legally a “vehicle,” so it’s always wiser to give someone else the keys – or the reins. It really doesn’t matter what you’re driving or riding; if the police believe that you are intoxicated, and you’re operating any kind of transportation device – or creature – they’ll charge you with DUI or a related charge. People in California have been charged with DUI for sleeping in a parked car, sitting in a parked car, and even for traveling in a wheelchair.

If you are accused of DUI for any reason in southern California, politely exercise your right to remain silent, and politely insist on your right to have an attorney present during questioning. An experienced Orange County DUI lawyer can fight aggressively for justice on your behalf. If you need legal help for a DUI charge, don’t wait to make the call.

DUI-RELATED CRIMES IN CALIFORNIA

Posted on: May 25, 2015 by in DUI
No Comments

California Vehicle Codes 21200.5 and 23103.5 and California Harbors and Navigation Code 655

Orange County DUI defense attorneyAt least three crimes in California are related to driving under the influence or are based on California’s DUI law. Those crimes are “wet reckless” (reckless driving involving alcohol, California Vehicle Code 23103.5), cycling under the influence or “CUI” (California Vehicle Code 21200.5), and boating under the influence or “BUI” (California Harbors and Navigation Code 655). If you are charged with CUI or BUI in southern California, it’s imperative to obtain legal representation immediately by contacting an experienced Orange County DUI defense attorney.

The police do not charge you with wet reckless. It’s a charge offered by prosecutors to DUI defendants as a plea bargain. You’ll serve a sentence that is somewhat more lenient than a DUI sentence, and you won’t have a DUI conviction on your record. If you are charged with DUI in southern California, contact an experienced Orange County DUI defense attorney immediately, and don’t accept a wet reckless or any other plea bargain before receiving your attorney’s advice.

The Harbors and Navigation Code makes it against the law to operate a recreational watercraft with a blood alcohol content (BAC) level of 0.08 percent or higher or a commercial vessel with a BAC level of 0.04 percent or higher. A BUI conviction is punishable by a fine of up to $1000 and/or up to six months in jail. Although your driver’s license will not be suspended, a BUI conviction can be counted as a prior DUI conviction if another DUI is committed within ten years.

No blood alcohol content level is spelled out by the law for CUI. You can be charged with CUI on the basis of a police officer’s observations of behavior such as erratic or reckless bike riding. A CUI conviction is punishable by a fine of up to $250. If you are charged with any of the DUI-related crimes in Orange County, fight the charge with the help of an experienced Orange County DUI defense attorney, and make the call as quickly as possible.