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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
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" »
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" »
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