 |
Senator Roy Ashburn was arrested on March 4, 2010 for allegedly drunk driving in Sacramento after leaving a known gay establishment. The Senator has run on a platform of Family Values who has led anti-marriage equality rallies. He is married with four children and has been known as an anti-gay spokesperson. According to Sacramento CBS Channel 13, Ashburn was seen leaving Faces, an openly gay bar, at 2:00 am and was pulled over by the California Highway Patrol.
It is important to contact a Sacramento DUI attorney immediately after being arrested for driving under the influence. There are two independent actions that are initiated after a Sacramento DUI arrest. The first, and most time sensitive, is the DMV hearing. You must contact the California DMV within ten calendar days of your arrest or face an automatic license suspension. Secondly, you will have a crimcinal court case. If you hire a Sacramento drunk driving lawyer within ten calendar days of your arrest they can represent you in both matters. Don't hesitate, contact our offices now for a free initial consultation.
Daryl Fleck admits to consuming a twelve pack of beer and then stumbling out of the house to sleep it off. With his keys in the center counsel and the driver's side car door wide open a neighbor alerted police when he found Fleck passed out. When police arrived they found Fleck sleeping, the hood of the car was cold and to top it off the car wouldn't even start. Fleck was charged with a DUI and had a BAC of .18%. He is facing probation of 5 years and 4 years in custody for sleeping in his legally parked car in front of his house.
If you are charged with a DUI you are in violation of 2 counts: Vehicle section code 23152 (a) and (b). The first one is driving under the influence of drugs and/or alcohol and the 2nd count (b) is driving under the influence of a blood alcohol concentration (BAC) of .08 or higher.
If you or someone you know has been charged with a DUI it is important for an experienced California DUI Lawyer to review your case. Please contact our office for a free consultation, zero-obligation at 888-444-7210 to speak to a qualified Drunk Driving Lawyer.
Craigslist is in the news in regards to the new trend on busting drunk drivers. According to the DUI Busters they go out to bars and spend time looking for individuals that have had too much to drink. Then the "DUI Busters" follow them out to their cars and pursue the drunk driver and call 9-1-1. One DUI Buster even admitted that they will lie to dispatch that they saw the driver almost hit a car or they are swerving.
If you are someone you know is being charged with driving under the influence in Southern California, please contact criminal defense attorney Thomas Wallin at 886-857-5900.
Adrian Pasdar was arrested for driving under the influence in Los Angeles on the 405 freeway. It was around 3:00 am when the Ford F-150 was pulled over by officers travelling at a speed in excess of 90 mph and splitting lanes. It is alleged that Pasdar refused to take a breathalyzer. Pasdar posted $15,000 bail and is scheduled to appear on February 24, 2010 for his arraignment. Pasdar is most notably recognized for his work on the show Heroes and being married to Natalie Maines of Dixie Chicks fame.
Unfortunately, reports of a celebrity being arrested for a Los Angeles DUI are all too common. The fact of the matter is that drunk driving charges do not just affect Hollywood's elite. Whether it is driving home from a Laker's game after having a couple of beers or leaving a friend's wine tasting party - Californians are pulled over every night for driving under the influence. The most important thing that you can do is contact a qualified Los Angeles DUI Defense Lawyer. You want someone who is local to the Los Angeles area and dedicates their practice to DUI defense in order to get the best possible outcome in your drunk driving case.
After receiving a Los Angeles County DUI, Ms. Pratt entered a plea to no contest to a misdemeanor exhibition of speed charge. She was sentenced to three years informal probation and would be required to pay a fine in addition to attending a mandatory alcohol program.
Young Hollywood has been plagued with drinking and driving charges. From Lindsay Lohan to Shia Labeouf the images seemed ripped from the headlines. Los Angeles DUI charges can be very serious and can cause severe penalties such as mandatory jail sentences and high fines.
If you or someone you know has been arrested for driving under the influence in Los Angeles or the surrounding counties, please do not hesitate to contact the office. We are a team of highly qualified DUI defense attorneys that can assist you with all aspects of your case.
The California Highway Patrol announced that the number of people arrested for allegedly drunk driving the night before Christmas was 71. This is two times the number of arrests that occurred in 2008. Thankfully, the county did not see any fatal DUI accidents over the Christmas holiday, however statewide nine people were killed in traffic-related accidents.
The holidays provide a source of joy and a number of holiday parties to attend. All arresting agencies are on a heightened alert to find people who may be under the influence of alcohol. If you or a loved one has been arrested for a Los Angeles County DUI, the first thing you should do is contact a qualified California DUI Defense Attorney who knows the law and will assist you with getting the best possible outcome in your drunk driving case. Call us toll free today at 888-444-7210.
The California Highway Patrol has released information regarding the fatal accident that occurred early Sunday morning on the I-10 freeway. A 42 year old woman was rear-ended by Thomas Vanauken from Anaheim while he was allegedly driving drunk. A witness to the accident indicated that Vanauken was travelling at more than 120 miles per hour when he collided with the 1995 Mitsubishi.
Vanauken faces a number of charges including gross vehicular manslaughter while intoxicated, driving while intoxicated and causing injury or death. The 42 year old Ontario woman driving the Mitsubishi was pronounced dead shortly after being taken to the hospital. One of her passengers also suffered moderate injuries.
Fatal car accidents can affect your entire life. Especially if you are found to be under the influence of alcohol, the penalties can be devastating. The most important thing you can do if you are facing California DUI charges is hire a qualified Orange County Drunk Driving Defense Attorney.
This past Saturday, the San Bernardino police arrested five people on suspicion of drunk driving during an eight-hour operation. Various other drivers were arrested or cited for other charges such as driving on a suspended or revoked license. San Bernardino DUI patrol operations such as this are common in arresting a number of possible drunk drivers.
If you are ever charged with a DUI, then you need to know what to do next. It's important to have proper representation when dealing with a drunk driving charge because DUI cases can be difficult and complicated. There can be a number of defenses in dealing with a San Bernardino DUI that you may not be aware that may pertain to your case. It's important that you contact our California drunk driving defense attorney for further help in handling your DUI.
Early last Friday a woman was being arrested for a hit-and-run crash and was about to undergo a blood test when she ended up stealing an ambulance. She reportedly slipped past security and got into the running ambulance. The woman than took the ambulance for a short drive, parking it in front of a house, claiming she was looking for her ex-boyfriend. No one was further hurt and the ambulance was not damaged. The woman who stole the ambulance is facing charges of driving under the influence, along with stealing a vehicle.
Driving under the influence in California is a difficult matter to deal with personally and professionally. With this legal matter, it is always in your best interest to have a DUI defense attorney working on your side to defend your rights. Our California drunk driving law firm knows what to expect in court on these matters, as well as how to best handle your specific case. You will want to get back to your normal life and work after a DUI, and with the help of our lawyers, you will soon be done with this difficult process.
An LAPD officer was killed in a motorcycle crash after drinking at a bar on the department's training academy campus. It is unclear as to whether or not the officer continued to drink at another bar, but the case is currently under investigation. It has been noted that the officer's blood alcohol content was over the legal limit when he was driving his motorcycle and crashed about 3 miles from the academy.
When a person chooses to drink and drive, then they are willingly putting their life and many other lives at risk. The tragic situation above is not uncommon and often other innocent victims are injured or killed. It's important to know not to drink and drive because injuries can range from minor accidents to broken bones and physical trauma to many deaths. Drinking and driving is not a wise choice to make and far too many people are victims of other's choice to drive while intoxicated.
Early on Tuesday morning, a possible DUI suspect hit and injured two Department of Water and Power employees in Los Feliz. The drunk driving accident occurred near Franklin Avenue and Canyon Drive where the workers suffered minor injuries due to the accident. Both workers were treated and released from the hospital, while the suspected DUI driver was taken into custody.
Injuries are an extremely common result of drunk driving accidents. Various injuries that can occur include broken bones, head trauma, internal bleeding and cuts when a person chooses to drink and drive. Sometimes injuries can be serious and change your physical abilities, and in worse cases, death can be a result. If you have suffered an injury or lost a loved one due to a drunk driver's negligence, then you should contact a drunk driving accident attorney for help.
Pamela Bach, who is recently divorced from David Hasselhoff, was pulled over this weekend and provided a blood alcohol level measurement of about .13 or .14 while the legal limit in California is .08. This is Bach's second California DUI, which means that she could be facing mandatory jail time. Her first case was finished in March 2009 to which she pled to no contest.
Drunk driving situations happen to many people, ranging from low blood alcohol contents to much higher ones like Bach above. In this case, an accident did not occur, but they often can in drunk driving situations.
Thanksgiving and the holiday season in general make for dangerous road conditions due to the high number of drivers, alcohol consumption, tired drivers and weather conditions. The state and local police department will be out in numbers in order to make sure that your holiday traveling is as safe as possible. There are a number of ways in which you can drive safely and prevent more accidents.
While you know not to drive too fast, you should also know not to drive too slowly. If you are not keeping up with traffic then you can easily cause traffic accidents. Slow drivers can also be a sign of an impaired driver, so it's important to stay within five to ten MPH of the speed limit.
It's important to not drive while you are tired because your reaction time will be slower. Driving while fatigued is similar to driving while inebriated. Do take the time to rest or have another, alert person drive.
California DUI Checkpoints will be around during the Thanksgiving holiday. Be aware of not giving the police any reason to cite you at a checkpoint. It isn't just drinking and driving that you should be aware of, but also simple driving tasks like wearing your seatbelt.
Holidays like Thanksgiving can be a time for many car accidents that can result in fatal ends if drivers are not careful and smart. It's important to be aware and alert while driving safely. Do not make choices that will give the police a reason to pull you over.
California Highway Patrol out of Nevada County, California has released a statement that Seth Rinker, 18, was charged with felony drunk driving when he and two peers were involved in serious accident on Thursday night. A passenger was flown to a local hospital with broken bones and lacerations after Rinker allegedly made an unsafe turn, hitting a curb and crashing into a ditch. According to reports all of those in the vehicle were wearing seatbelts at the time of the accident and the other passengers suffered minor injuries. Rinker is being held on $25,000 bail at the Wayne Brown Correctional Facility.
Being involved in a California drunk driving accident can be terrifying and if there are injuries you could face felony charges. A felony California DUI charge could result in state prison time. Most often felony charges are reserved for accidents where great bodily injury occurred or for fourth offense DUI charges.
No matter what the circumstances of your California DUI, you need to contact a drunk driving defense attorney immediately. Especially if there is a felony involved and time is of the essence. Remember, you only have ten calendar days to contact the Department of Motor Vehicles to place a stay on the automatic suspension of your license. If you or someone you know has been involved in a drunk driving incident contact our dedicated team of California DUI Defense Attorneys today.
Alexandra Kerry, was arrested for DUI. The daughter of Senator John Kerry was arrested in Hollywood. Los Angeles Police Department has reported that she had a .06% BAC. Although she initially refused the alcohol test, a formal blood alcohol test was taken. While Kerry was not over the legal limit of .08% BAC she could still be charged with driving under the influence of alcohol or with unsafely operating a motor vehicle.
It is important to remember that in California being charged with a DUI likely involves violation of Vehicle Code section 23152 (a) and (b). The (b) count is the section that discusses driving with a blood alcohol content of over .08%, while the (a) count merely involves driving under the influence of alcohol and/or drugs. No matter what the circumstances of your California drunk driving case you should always consult a qualified California DUI Lawyer. A dedicated Drunk Driving defense attorney can assist you with obtaining a favorable disposition in your case including a potential reduction to the DUI charge.
Shayne Lamas was arrested for allegedly driving under the influence this weekend in Venice. She claims to have had one drink prior to being stopped at a DUI checkpoint. The breath device given to her at the scene reflected a Blood Alcohol level over a .08%. She was arrested at the scene. The former Bachelor starlet is 24 years old.
Drunk driving in Los Angeles is a serious offense. You can face a license suspension, hefty fine and even jail time. It is important that if you are arrested for driving under the influence in Los Angeles you hire a qualified LA DUI Defense attorney who understands the law and will doing everything they can to get you the best possible outcome in your case. Call our team of dedicated Los Angeles Drunk Driving Defense Lawyers now for a free consultation.
Lori Petty, an actress best known for her roles in "Point Break" and "A League of their Own" was arrested on May 30, 2009 for a California DUI with injury after hitting a young skateboarder with her car in Venice Beach. Through her attorney she plead no contest to a first offense misdemeanor DUI, despite early reports that Petty had been charged with a felony Drunk Driving incident. In accordance with her plea she must complete 5 years of summary probation, alcohol education programs and pay a hefty fine. To read more about the Lori Petty DUI plea visit MSNBC at Lori Petty gets 5 years probation in DUI Case.
A California DUI can have serious consequences, especially when injuries have been involved. If you or someone you know has been involved in a Los Angeles DUI, you must contact a qualified California Drunk Driving Defense Attorney who knows the law and will work hard to keep you out of jail. As the publicity for celebrities getting arrested for drunk driving grows, so does the impatience of judges and district attorneys. The only way to get the best possible outcome in your Los Angeles DUI case is to hire a dedicated California DUI Defense Lawyer. Fill out our free online California DUI case evaluation now and receive an instant call back.
In July 2008 Chou Thao Her was killed in an auto accident, leaving behind 11 children. The Clovis District Attorney is attempting to show that Donna Neely was driving under the influence of alcohol when she lost control of her vehicle. Neely is charged with gross vehicular manslaughter and Fresno DUI with injury. Neely's defense team rises the argument that the tragic accident was not caused by alcohol but rather by a common sleep aide Ambien which caused her to fall asleep at the wheel.
The death of Chou Thao Her is an absolute tragedy that leaves 11 children to grow up without their mother but some tragedies are accidents caused by things not related to alcohol. In these kinds of Fresno DUI cases a qualified Fresno Drunk Driving Defense Attorney will raise defenses to the prosecutor's arguments. Being arrested for a Felony Fresno DUI can greatly impact your entire life. Even without injury, a felony charge can result in a state prison sentence, add injury or even death and the punishments become exponential. Being arrested for driving under the influence in Fresno can be a difficult and trying event, contact an experienced Fresno DUI Lawyer now.
Adriana Ponces, 28, was arrested on suspicion of a Santa Barbara DUI when she was involved in a collision with an SUV on the Highway 154, Paradise Road entrance ramp. The SUV braked but did not escape colliding with the Newbury Park woman's vehicle. The alleged drunk driving crash left the two drivers with minor injuries and two of Ponces' passengers with severe injuries including massive internal injuries and severe fractures.
A Santa Barbara DUI with injuries can be tragic not only for those who were injured at no-fault of their own, but also for the alleged drunk driver. Many times the person suspected of drinking and driving is left with a stigma perpetuated by special interest groups. Unfortunately car accidents happen and they often have catastrophic results. But once alcohol is added to the mix, a person will often face severe criminal charges. No matter what the circumstances, if you have been arrested for a Santa Barbara DUI you need to contact a dedicated California Drunk Driving Defense Lawyer immediately who understands the law and will assist you in every aspect of your case.
Rebecca De Mornay Gets Probation
Actress Rebecca De Mornay gets probation after being arrested for drunk driving in Los Angeles. Ms. De Mornay was arrested last October for DUI after being stopped for a traffic violation and blowing a .09, slightly over California’s legal limit of .08%. After entering into a plea agreement, Ms. De Mornay entered a “no contest” plea in Superior Court to misdemeanor DUI charges. As part of the plea agreement, Ms. De Mornay was put on three years of probation and must pay fines and court fees, and complete a three-month DUI offender’s program. As a skilled California DUI defense attorney, I have been able to successfully negotiate favorable plea agreements for clients, resulting in little or no jail time. The type of plea agreement that Ms. De Mornay entered into allowed her to accept a plea without admitting one way or the other that she was in fact guilty of drunk driving. This type of agreement is often good to obtain when a defendant is facing multiple charges. By entering such a plea, Ms. De Mornay’s second charge for DUI was dismissed. Entering a no-contest plea allows one’s DUI case to move forward without having an admission of guilt on one’s record that later can be used against the offender. For some DUI offenders, accepting a negotiated plea agreement is sometimes the best option. However, in some instances it is not. If a drunk-driving offender is looking to get his or her case resolved quickly and/or or get charges reduced from a felony to a misdemeanor, then a plea agreement may prove to be the right thing to do. Every DUI case is different and plea agreements can be complex. Thus, it is important to consult with an experienced California DUI lawyer as soon as possible who can guide you through such complexities. If you have been charged with drunk driving in California, contact the California DUI defense Law Firm of Thomas Wallin today to see if you should accept a plea agreement and find out what your alternatives are. Our skilled DUI defense attorneys represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego. Ms. De Mornay is best known for her role in the movie ‘Risky Business,’ where she played a hooker opposite Tom Cruise. She has also had roles in ‘Backdraft’ and ‘Wedding Crashers.’ To read more of Ms. De Mornay’s plight visit: http://www.msnbc.msn.com/id/23016223/
This time the Celebrity might be in some serious trouble. It appears his Los Angeles County arrest may become a felony because of injuries sustained to those in the accident. Having handled hundreds of cases out of LA County involving DUI accidents with injuries I know if often depends on the types of injuries and the DUI suspect's prior criminal history as to how the case is handled. If you or a loved one has been involved on a DUI accident in Los Angeles County and need a Los Angeles County DUI Defense Attorney, contact my offices immediately for a free LA County DUI consultation. It's important to contact a California criminal defense attorney that focuses on DUI right away as your insurance company may request statements from you that could end up being damaging to your DUI criminal cases. Our Los Angeles County DUI defense Law Offices can assist you with any statements to insurance companies.
As reported on msn.com, Officers in Los Angeles say "Indiana Jones" co-star Shia LaBeouf has been arrested for drunk driving following an early morning car accident in Hollywood.
Los Angeles County Sheriff's Sgt. S. Wolf says LaBeouf was the driver of a vehicle that was involved in a 3 a.m. collision.
LeBeouf and his passenger were injured, as was the other driver. Wolf said he didn't know the extent of their injuries.
Wolf says officers at the scene Sunday morning reported it was clear to them that LaBeouf was intoxicated.
Wolf says it is unknown whether LaBeouf will face felony or misdemeanor charges
Lindsay Lohan’s New Job at the Morgue
After being charged with two Los Angeles DUI’s last year (2007), Lindsay Lohan spent two months in rehabilitation and was required to perform community service as part of her plea bargain agreement. The 21-year old actress was sentenced to four days in jail, but as part of a plea bargain agreement, her jail time was reduced in exchange for 10 days of community service. Ms. Lohan must fulfill part of her community service by working two, four-hour shifts at a Los Angeles County Morgue and two days working in a hospital emergency room. The reasoning behind this requirement is to show Ms. Lohan that there are real-life consequences to drunk driving.
As a Los Angeles DUI defense attorney, I have a vast amount of experience in getting clients alternative sentences in lieu of jail time. In some instances, I have been able to negotiate a plea bargain agreement wherein my clients avoid jail time altogether. Some of the alternatives available include community service, electronic monitoring, sober living treatment programs, alcohol programs, city jail time versus state prison, work furloughs, and probation.
If you have been charged with drunk driving in California, it is important that you have a skilled California DUI defense attorney by your side. Please contact the Los Angeles DUI Law Firm of Thomas Wallin today to see if you are eligible for alternative sentencing. Our Los Angeles DUI defense attorneys represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County, Riverside, San Bernardino and San Diego. For more on Ms. Lohan’s plight read: http://www.cnn.com/2008/SHOWBIZ/Movies/01/18/people.lohan.ap/index.html
Kiefer Sutherland Goes to Jail On September 24, 2007, Kiefer Sutherland was arrested for drunk driving after he was found driving erratically in West Hollywood, California. This was Mr. Sutherland’s second DUI arrest in five years. While many thought that because of Mr. Sutherland’s celebrity status he would be simply given the state’s minimum 5-day jail sentence, Mr. Sutherland entered a no-contest plea and found himself facing a 48-day jail sentence. Nonetheless, Mr. Sutherland was allowed to split up his incarceration period into two periods. He served 18 days of his sentence immediately following his hearing in December and he will serve the remainder of his sentence during the summer. In addition to the jail time, Mr. Sutherland must complete an 18-month alcohol education program and attend weekly therapy sessions for six months. As an experienced California DUI lawyer, it does not surprise me that Mr. Sutherland was able to get his jail sentence split up to accommodate his acting schedule. I have helped a number of clients obtain such sentencing agreements so that their careers do not suffer so much because of their drunk-driving convictions. If you are arrested for DUI, please contact the DUI Law Office of Thomas Wallin today! Our skilled DUI defense attorneys represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego. To read more about Mr. Sutherland’s DUI plight, visit http://www.people.com/people/article/0,,20164518,00.html
Florida Motorist Arrested Twice for DUI While Sober
Joseph Errichiello of Port Richey, Florida was pulled over last September at a DUI checkpoint and was charged with drunk driving after failing field sobriety testing. Mr. Errichiello does not drink alcohol and willingly submitted to field sobriety tests administered. After failing the tests due to physical and mental disabilities, he willingly submitted to both a breath test and urinalysis. He blew 0.00% according to the breath test and the urinalysis came back negative. Despite these results, the Florida Highway Patrol placed Mr. Errichiello under arrest for drunk driving and the prosecutor moved forward with the case.
Less than two weeks later, Mr. Errichiello was stopped again by a Pasco County Sheriff and charged with DUI. Once again, he proved to be sober after testing. Mr. Errichiello says that both times the police asked him if he had been drinking and he told them, “No.” Apparently, he has had a learning disability since he was a child. Mr. Errichiello also stated in an interview with the Pasco Times that he had a severe diabetic condition which contributed to his failing the field sobriety testing. After the second arrest, the prosecuting attorney did move to dismiss the DUI charges against Mr. Errichiello. As a California DUI attorney, it does not surprise me that the police requested that Mr. Errichiello submit to the breath test and the urinalysis after his failing the field sobriety testing. However, I was a bit surprised that the prosecuting attorney would want to move forward with its case after the breath test and urinalysis results showed that he was sober. As a former Riverside County Public Defender, I know how easily the police can “mistake” the failing of field sobriety testing as one being intoxicated, but I do think the matter went a little too far. Nonetheless, there are hundreds of people just like Mr. Errichiello who are unable to pass field sobriety testing because of physical and mental disabilities and conditions. Sometimes individuals may not even be aware that they have a particular condition that affects how they would perform on such tests. Moreover, individuals with diabetes sometimes will even fail breath testing because of their condition. Thus, it is important that individuals arrested for driving under the influence consult with an experienced DUI defense attorney as quickly as possible after their arrest so that such things can be uncovered. As a leading California DUI attorney, I know how to build a strong DUI defense, including hiring experts to show the courts how flawed field sobriety testing is and how unreliable one’s breath test result may be. If you have been charged with DUI, contact the California DUI Law Firm of Thomas Wallin today. Our skilled DUI defense attorneys represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego. For more on Mr. Errichiello’s story read: http://www.tampabays10.com/news/local/article.aspx?storyid=68874
DUI: Is Jail Time the Best Answer?
Throughout the years, this question has been raised by many drunk-driving defense attorneys, legislators, and many others when it comes to sentencing individuals for driving under the influence (DUI). A long-time supporter of Mothers Against Drunk Driving (MADD) suggests that MADD advocate promoting the sentencing of individuals to treatment centers in lieu of jail. Such individuals would be those who appear to be dependent on alcohol and/or who are mentally ill. The supporter points out that “jail time can be counterproductive” sometimes. As a California DUI defense attorney, I have always felt that jail sentences are not always the best drunk-driving deterrent. Finding in a DUI case the best alternative sentencing option that the judge and district attorney will accept is what a skilled California DUI attorney does. As an experienced drunk-driving defense attorney, I have been able to obtain alternative sentencing options for many clients. Such options include alcohol treatment programs, community service, house arrest, sober living programs, work furloughs, and probation. If you have been charged with DUI in California, contact the California DUI Law Firm of Thomas Wallin today to see if you are eligible for alternative sentencing. Our DUI defense attorneys represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego. To read more of the story, visit: http://alcoholism.about.com/library/weekly/aa001113a.htm
Defendant Wins Breathalyzer Source Code After being arrested for suspicion of driving under the influence (DUI) and submitting to a breath test, Dale Lee Underdahl, at a subsequent court hearing, challenged the breathalyzer’s results and its admittance into evidence by requesting a “complete computer source code” for it. As a skilled DUI defense attorney, I often find the need to make such requests in order to challenge the admissibility of breath test results.
Breath test machines are prone to a number of problems. For years, it has been established that problems do exist with these machines, many of which stem from improper calibration and maintenance. As an experienced California DUI lawyer, I understand exactly how breath tests should be administered and am aware of the flaws in the processes that exist. I will fully investigate the accuracy of the results and when discrepancies are noted, move to have the test results excluded as evidence.
When you are arrested for DUI , the single most important thing to do is to contact a California DUI attorney as soon as possible. California DUI laws are constantly changing and tend to be quite complex. As a leading California DUI Law Firm, our drunk-driving defense attorneys are highly experienced at building a strong DUI defense for our clients, which often minimizes the penalties incurred. If you have been arrested for DUI/Drunk driving in California, please contact the Law Offices of Thomas Wallin for a FREE CONSULTATION immediately. Our DUI Law Firm represents individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County, Los Angeles, Riverside , San Bernardino and San Diego
To read more about Dale Lee Underdahl’s case, please visit http://www.news.com/Police-Blotter-Defendant-wins-breathalyzer-source-code/2100-7348_3-6201632.html.
Now this is a bit unusual. Apparently Bill Murray has driving a golf cart through town and was stopped for DUI. Mr. Murray refused to take the breath test and Swedish officers apparently forced him to submit to a blood test. As a California DUI Defense Attorney, I handle refusal cases on a regular basis. Unfortunately for Mr. Murray as well as several of my clients, the law now allows police agencies to force blood draws on suspected DUI drivers in California. It seems Sweden has a similar law. In addition, I believe Sweden has a lower BAC limit then the United States. For more on the story with Bill Murray, follow this link: Bill Murray Arrested for DUI in Sweden.
This is another example of what can happen to innocent people when individuals are quick to accuse people of being under the influence. Unfortunately, as a California DUI defense attorney, I see too often how the innocent are wrongly accused of being under the influence. It seems in today’s society, with the pressure from groups like MADD, police and the public are in a hurry to blame alcohol for anything and everything. Hopefully Mr. Sims is found soon and we need to make sure we hold companies (Amtrak in this case) accountable for such despicable conduct. The story is below A 65-year-old St. Louis man is missing after Amtrak personnel, mistaking his diabetic shock for drunk and disorderly behavior, kicked him off a train in the middle of a national forest, according to police in Williams, Ariz. READ MORE…
When your blood is taken for testing after a DUI arrest, it’s properly labeled and taken care of, right? That’s what’s supposed to happen with your blood sample. It’s labeled with your name by lab professionals and the chain of custody is supposed to keep samples from getting mixed up before, during, and after testing. With these procedures in place, test samples should never get mixed up. That sounds good in theory, but the truth is that samples do get mixed up and it results in innocent people being prosecuted for and convicted of driving under the influence. There are many things that can go wrong with that small vial of blood drawn from someone who has been arrested for driving under the influence. When you’re at the lab for testing, one of the first mistakes that can be made is mislabeling of the sample. If a lab professional grabs the wrong label, your name can get attached to the sample of someone who actually did exceed the legal blood alcohol content limit. Another mistake that can occur during the testing process is that your sample can be assigned the wrong result. This happens because it is much more cost-effective to test all of the samples in batches using a mechanical process. The machine is loaded with a batch of samples, they are tested, and results are assigned. If the machine somehow gets off-kilter, your sample could be assigned an incorrect result and you could be charged with driving under the influence. Despite the many problems with the reliability of blood testing after DUI arrests, no major changes have been made in the testing process and blood tests continue to be used as integral pieces of evidence in DUI cases. If you believe a lab error was responsible for your failing blood test result, contact a San Bernardino DUI lawyer to find out your options.
Continue reading "Reliability of Blood Testing After DUI Arrests" »
In the United States, laws are made based on the need for these laws and how effective they will be in improving safety or reducing crime, right? Not with driving under the influence and other alcohol-related laws. With the influence of MADD and politicians who are trying to win elections, the states are often strong-armed into enacting laws that are arbitrary or aren’t needed to protect citizens. Open container laws are just one example of laws that don’t really do any good in the fight against drunk drivers. Open container laws mean that it is illegal for drivers to have an open container of alcohol anywhere in a vehicle where it can be reached while operating the vehicle. An open container can be anything included a bottle flask, or other container used to hold alcohol. The driver doesn’t even have to be holding the container; it can be anywhere in the car that the driver can possibly reach. Do you think a driver could reach the back dashboard while driving? Probably not, but open container laws don’t take that common sense into consideration. Many states enacted open container laws simply because the federal government mandated that these laws be put into effect or else federal funding for maintaining roadways in each state would be jeopardized. The same thing happened with each state enacting laws that allow the driver’s license agency to automatically suspend the license of anyone arrested for DUI. Notice that the license of anyone arrested for DUI has their license confiscated; the licensing agency doesn’t even wait to see if each person is convicted or exonerated of the charges. States enacted these laws so that they did not lose needed federal funding for maintaining and repairing roadways. When the states start risking the loss of needed funding, it’s only natural that legislators will introduce stricter DUI laws to appease politicians and members of MADD. If you’ve been charged with DUI in California, contact a San Diego DUI lawyer as soon as possible so you can get a qualified legal professional to help you with your case.
Continue reading "States are Forced into Enacting DUI Laws or Else Risk Losing Funding" »
Any law enforcement officer or politician will tell you that field sobriety tests give drivers an opportunity to show that they are not impaired due to the consumption of alcohol. Many people view field sobriety testing as a means for drivers to prove their innocence if they have been accused of drunk driving. However, field sobriety testing is really used as a means of gathering evidence on the part of law enforcement officers. Think about what happens at a DUI traffic stop – if a law enforcement officer believes you are impaired, he has already made up his mind about your innocence and will use field sobriety testing to try to gather evidence to support their assessment of your condition. If a law enforcement officer asks you to submit to sobriety testing, he or she is going to see what is suspected. If you stumble or trip, the officer is going to use it as evidence to back up the fact that he thinks you’re guilty of driving under the influence. Another point to consider is that even people who have not been drinking may not do well on sobriety tests. They often take place in the dark on roadways that may not be even or cared for well. This combined with the fact that the headlights of cars driving by can cause people to stumble, means that not everyone can do well on sobriety tests even if they are not impaired. It doesn’t seem fair that these tests can be used against drivers accused of driving under the influence, but that’s the way it works in the “land of the free.” If you are arrested for driving under the influence, contact a Los Angeles DUI attorney as soon as possible so you have the best possible chance of having a positive outcome for your case.
Continue reading "Are Field Sobriety Tests Really Designed to Exonerate Drivers?" »
Most people know that a Breathalyzer is a device that is used in cases where a driver is suspected of driving under the influence. This device is used to administer breath testing to determine if a driver is impaired or above the legal limit for blood alcohol content. A driver breathes into this device and it calculates a possible blood alcohol content level. This device can make or break a driver’s day – if the device shows no alcohol or an acceptable amount of alcohol, no driving under the influence charges will be filed. If the device shows an alcohol level above the accepted limit, the driver can be charged with driving under the influence and face criminal penalties as well as the loss of driving privileges. Most people also believe that the Breathalyzer measures alcohol in the breath. This is wrong information; this device actually tests for the presence of methyl groups. Methyl groups are part of the chemical structure of many substances, so instead of positively identifying alcohol in the breath, a positive result may be identifying one of many substances including mouthwash, chewing gum, breath freshening spray, and other non-alcoholic substances that would not cause impairment. Instead of measuring only alcohol content, these devices can pick up any ordinary substance that happens to have a methyl group. If you have the misfortune of ingesting one of these substances or using oral products containing methyl groups, and then you are stopped and asked to submit to breath testing, you may find yourself facing DUI charges all because you wanted to freshen your breath. That’s the type of “justice” system citizens of this country are faced with every day. If you’ve been charged with a DUI offense, contact a San Diego DUI lawyer immediately to begin building your defense.
Continue reading "Breathalyzers Measure Alcohol, Right?" »
If you’ve been charged with driving under the influence, and you’re looking forward to telling your story to a jury who you are sure will understand your side and find you innocent, you may be looking forward to something that’s not going to happen. In many states, the right to a jury trial has all but disappeared for many DUI cases. What’s worse is, this clearly seems like a violation of the 6th Amendment right to a jury trial in front of your peers. However, the courts have interpreted the Constitution in their own way so as to be able to take this right away from persons charged with DUI. Instead of facing a jury of your own peers, many who may have been in the same situation, you may end up facing a judge who was appointed by the same political cronies who think it’s acceptable to alter the Constitution to suit their own purposes. Instead of holding that the lack of a jury trial in DUI cases violates the 6th Amendment, the courts have found that the Constitution didn’t really mean that someone has the right to a jury trial for all criminal cases. The courts interpreted the Constitution to mean that defendants do not have a right to a jury trial in a DUI case because it’s not as serious as a murder case or a manslaughter case. Instead of having the same rights as someone who may have committed murder or killed someone due to negligence, many DUI defendants must accept the decision of one politically-appointed judge who may have other interests. It’s time to take a stand against this misinterpretation of the Constitution and demand that DUI defendants get the same rights as any other type of person facing criminal charges. If you’re facing DUI charges in the state of California, contact an Orange County DUI attorney as soon as possible to preserve your rights and build the best possible defense for your case.
Continue reading "DUI Laws in Many States Violate 6th Amendment" »
Refusal of chemical testing when arrested for a DUI can land you in hot water with both law enforcement officials and the Department of Motor Vehicles. You will lose your driving privileges for a length of time determined by any previous test refusals and any special circumstances surrounding your refusal. In some states, you will also face criminal charges that can lead to fines, jail time, and other stiff penalties that make your life difficult. It is one thing to refuse chemical testing because you know you will fail the test, but what about people with medical conditions who feel that chemical testing would have a negative impact on their health? Someone who takes blood thinners for blood clotting diseases or cardiovascular conditions may not want to submit to blood testing because of the potential to have a serious bleeding problem after the test. If urine and breath testing are not used in their area, they have no choice but to submit to a test that could harm them or refuse the test and pay the penalties. Someone with an immune deficiency disease may be concerned about the safety of the testing procedures being used and want to refuse testing because they are concerned about infection or a weakening of their immune system. There’s no sympathy for these individuals on the part of lawmakers; everyone must submit to chemical testing when asked to do so or they will face the penalties outlined above. Not only must these people suffer from what can sometimes be debilitating health conditions, they also have to suffer the consequences of refusing chemical testing, even if the testing procedures have the potential to harm their bodies. This is another example of how the “one size fits all” testing system is unreliable and needs to be changed for the benefit of all citizens. If you refused chemical testing because of a verifiable medical condition, contact a Riverside DUI attorney immediately to preserve your rights and get help.
Continue reading "Medical Conditions Considered No Excuse for Test Refusal" »
If you are arrested for driving under the influence based on a display of odd traffic habits, an intoxicated appearance, failure of field sobriety tests, and a breath test reading that exceeds the legal blood alcohol limit, you will be asked to submit to chemical testing by the arresting officer. If you submit to this testing, you may or may not be able to prove that your blood alcohol level was within the legal limit. However, refusing testing is grounds for the loss of your license and you may face other criminal penalties depending on what state you have been arrested in for driving under the influence. In a nation that has daily concerns over civil rights and the protection of individual liberties, lawmakers are not concerned with the rights of the individual who has been arrested for driving under the influence and doesn’t want to submit to chemical testing. Perhaps these individuals feel that chemical testing invades their privacy or they are concerned about the safety or cleanliness of the testing procedures. This doesn’t matter to lawmakers who have made it illegal for you to refuse chemical testing if asked to submit by a law enforcement officer. Depending on what state you are in, you will lose your driving privileges from anywhere from 90 days to one year or more. You may also face criminal charges that can result in jail time, fines, mandatory alcohol education participation, and a criminal record that prevents you from obtaining employment or participating in certain activities. If you’ve refused chemical testing, you’ll need a Los Angeles DUI attorney to help you fight any criminal charges you may face and make sure you are able to get your license back as soon as possible.
Continue reading "Refusal of Chemical Testing Punishes Innocent Drivers" »
If you’ve been arrested and charged with driving under the influence, you’re going to need to hire the best legal representation possible to ensure that you are able to face these charges head-on and get the best outcome possible. It may be tempting to hire an inexpensive attorney who does not specialize in DUI or even to hire an attorney that a friend or relative is acquainted with just to get a discount price. DUI is not something you should mess around with, and hiring a lawyer to represent you in a DUI case is not an exercise in bargain shopping. It’s about finding the attorney who is best-qualified to represent you in your case and who has the experience with DUI cases that will help him or her find information that a non-specialized attorney would not be aware of or have access to. A San Diego DUI lawyer has experience in reviewing the facts of a DUI case, interviewing witnesses, obtaining chemical testing results, arguing the validity of chemical test results, and defending people who have been charged with DUI. This kind of specialized lawyer may have a good relationship with expert witnesses who can be used in your case to refute the validity of a chemical test or show that chemical testing is not as reliable as it should be for determining if someone is under the influence or not. Using the services of an attorney who is not experienced in handling DUI cases means that you may not get the best representation possible. Hiring a skilled San Bernardino DUI lawyer will ensure that you have the most qualified attorney to handle your DUI case and give you the best chance of a positive outcome. Our DUI defense lawyers and attorneys will represent those accused of driving under the influence throughout California and DUI Defense Lawyer Thomas Wallin can personally represent you on any southern California DUI case from a first offense DUI to a third strike felony DUI. Contact us for a free consultation on your California DUI matter.
If you’ve ever had to take a drug test for employment, you know that some foods and beverages can cause a false positive result even if you’ve never taken any illegal drugs. Just like poppy seeds can cause a false opiate result in a drug test, some substances can cause false breathalyzer results and land you in hot water with the law. You can also get in trouble if you have used rubbing alcohol or consumed an alcohol-containing substance and the smell remains on you while you are driving. Officers at a checkpoint or traffic stop may smell this alcohol and request that you perform field sobriety tests or answer questions about what you have been doing. If the officer is persistent, he or she may request that you take a breathalyzer test to determine an approximate blood alcohol level. Unfortunately, these testing devices are fairly sensitive to any substances containing alcohol and may show a false positive even if you haven’t had a drop to drink. Since you don’t ingest mouthwash, you’ll be able to prove your case once further chemical testing is performed. However, the false positive will result in a lot of hassles for you as you try to prove your innocence and go through the embarrassment and frustration of being arrested for a crime you know that you did not commit. Further embarrassment may be caused if someone you know recognizes your vehicle pulled over at the traffic stop or if someone sees you being arrested. Even if you did nothing wrong, your reputation could be ruined or at least tarnished until you are able to explain the situation and, even then, people may believe you are trying to cover up a driving under the influence crime. Until we stop relying on a test that produces false results and isn’t very reliable, many people will have to suffer the consequences of being falsely accused of DUI. A qualified Riverside DUI attorney can give you more information about this issue. Being arrested for DUI in Riverside can be one of the scariest things to happen to an individual. Often a DUI arrest in Riverside will be the first time someone has ever been exposed to the criminal justice system. It is important that you contact a Riverside DUI defense lawyer immediately to discuss your case and protect your rights. We handle DUI cases throughout the county of Riverside, including downtown Riverside, Murrieta (Southwest Justice Center), Temecula, Corona, Banning, Moreno Valley, Indio and Palm Springs.
The United States of America is supposed to be a country where everyone (in theory) is treated equally and given the same opportunities regardless of race, color, gender, religion, national origin, and other factors that cause us all to be unique. When it comes to BAC testing, this equality doesn’t seem to be of concern to the courts and law enforcement officials because testing is performed and interpreted in the same way regardless of the race or national origin of the driver. If an African American is pulled over and asked to submit to testing, he or she will be given the same test as a Caucasian, Asian, or Indian man or woman. While giving the same test seems fair because it eliminates a variable, it actually has the potential to adversely affect people of other races and cultures. Our genetic makeup differs from race to race, meaning no two individuals can process alcohol in the same way. The metabolism of a person of one race may be slower or faster than a person of another race, meaning that they cannot process alcohol as effectively as others. This creates disparity even before other factors such as weight, body mass, and medical histories are even considered. If we truly want to have equality in terms of the law, we need to make lawmakers and law enforcement officials understand that one test cannot be used as the criteria for arresting and charging people with a crime that could haunt them for the rest of their lives. Until we accomplish this, blood alcohol testing will continue to negatively impact minorities for reasons beyond their control. Having had personal experience handling DUI cases in Los Angeles as a DUI attorney, please feel free contact our Los Angeles DUI lawyers for information and comments.
Driving under the influence is often charged as a misdemeanor, but the stigma that accompanies a DUI conviction can be just as harsh as one that comes with a felony conviction for another type of offense. While driving under the influence does negatively impact the lives of many people, there are some drivers who are arrested and convicted of DUI charges even if they are not impaired due to the “per se” DUI laws in effect in most states. These per se laws mean that drivers can be arrested for driving under the influence if their blood alcohol content level reaches a certain limit, usually 0.08%. The worst part is, they don’t even need to be visibly impaired and they needn’t have violated any traffic laws. Stopping at a DUI checkpoint and ending up with a reading of 0.08% or greater means that you can be arrested for driving under the influence and charged with a criminal offense. While you may have been driving well and displaying no outward signs of intoxication, these per se laws can make you a criminal.
Continue reading "Per Se Laws Punish Individuals Who Are Not Impaired by Alcohol" »
When it comes to blood alcohol testing, the results have a lot to do with how fast a person’s metabolism works and how well they can process alcohol that has been consumed. Since everyone’s metabolism functions at different levels, it seems that blood alcohol testing isn’t a very reliable method of determining impairment. In states with per se driving under the influence laws, this test is relied on for prosecution of driving under the influence charges because prosecutors do not have to show evidence that the defendant was displaying dangerous driving patterns, smelled of alcohol, or had an intoxicated appearance. If this test is being used as a tool to convict people of a crime that will haunt them forever, then certainly it should be reliable and valid for all persons. Unfortunately, this is not the case and it doesn’t seem to be of great concern for law enforcement officials and politicians who continue to allow blood alcohol testing to be used as a major piece of evidence in many driving under the influence cases. As an example of how differently people metabolize alcohol, compare an athlete with a sedentary individual that has a desk job and performs little to no exercise each day. The athlete has toned his or her body through daily exercise and has a body chemistry that allows for more efficient alcohol processing. The sedentary individual performs little to no exercise and may even be having an adverse effect on the speed of their metabolism. This individual can drink the same amount of alcohol as an athlete with a better metabolism and fail blood alcohol tests while the athlete may beat the test because their body has processed the alcohol more quickly. Until officials come up with a better system, overweight people with slow metabolisms will continue to suffer at the hands of a system that makes no adjustments for a person’s individual body chemistry or metabolic speed. If you’ve been arrested for and charged with DUI, be sure to contact a skilled California DUI lawyer to ensure that you have the best legal representation possible.
Continue reading "Blood Alcohol Testing Adversely Impacts Overweight Individuals" »
Nichole Richie was arrested on Monday, December 11, 2006 in Glendale, CA for suspicion of drunk driving.
Continue reading "Reality series star Nichole Richie arrested in LA for DUI" »
DUI vs. Speeding: A Comparison of Prevalence & Penalties
Earlier this year, the National Highway Traffic Safety Administration NHTSA released its updated Traffic Safety Fact Sheets for 2005. In this report, it is evident that Nationally, and in California, fatalities associated with speeding drivers are equal to or out-number fatalities associated with drunk drivers, or drivers who had a BAC (Blood Alcohol Content) of .08 or greater.
As Drunk Driving and DUI Defense Attorneys, The Law Offices of Thomas Wallin fight vigorously to minimize penalties facing individuals arrested for DUI. In California, a first-offense conviction for DUI/DWI, with a BAC of .08 or greater, is considered a misdemeanor, and may be punishable by fines up to $3,520, jail time of up to 6 months, driver's license suspension for up to 6 months by the DMV (See DMV FAQ's on DUI), completion of a driving-under-the-influence program, and a designation of 2 points on one's driving record.
On the other hand, a first-time speeding infraction is punishable by small fines and a designation of 1 point on an individual's driving record. Despite the actual numbers associated with speeding and DUI-related fatalities, the penalties for a first-time speeding infraction are minuscule in comparison.
In their recent report of alcohol-related traffic fatalities, the NHTSA includes "non occupants" (pedestrians and pedacyclists) with a BAC of .08+ in their total figure. For the purposes of this article, the 1,756 non-occupants with a BAC of .08+ who were involved with alcohol-related traffic fatalities, nearly 14% of the total alcohol-related crashes have been deducted to reflect a truer picture of drunk driving vs. speeding-related traffic fatalities.
Continue reading "DUI vs Speeding: a comparison of prevalence and penalties" »
The ignition interlock device, or IID, is an apparatus consisting of an alcohol breath-testing unit, which is connected to an automobile ignition. California law (Vehicle Code 23575) requires judges to sentence individuals convicted of driving on a DUI-suspended driver license (DWS-DUI) and repeat DUI offenders to install an ignition interlock device on any vehicle that they own or operate for up to three years. A judge may, at the court's discretion, order first time DUI offenders to install an IID onto their automobile (although this is rarely the case in California DUI cases).
California DUI law also provides repeat DUI offenders the option of installing an ignition interlock, after serving half of their license suspension period, to apply for and obtain a restricted driver license from the Department of Motor Vehicles (DMV). See California DMV DUI FAQ's.
Continue reading "Ignition Interlock Device (IID): The Pressure's on for DUI Offenders" »
In California, along with most states in the U.S., it is illegal to operate a vehicle with a blood alcohol concentration of 0.08%. If you are found to exceed this limit, you can face both criminal charges and DMV administrative penalties that can make it difficult to meet family obligations and continue to hold on to your career. For repeat offenders, the penalties for driving under the influence continue to accrue with each offense and can result in probation, stiff fines, mandatory installation of an ignition interlock device, and often jail time. But is extensive jail time for offenders who exceeded the legal limit without causing injury or death really the best way to deal with driving under the influence? Experience shows that it is not, but the system continues to punish these offenders with penalties that are often reserved for crimes resulting in bodily injury or death.
Continue reading "California DUI and Repeat Offenders: A Failing System" »
|
|
|
