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A 43 year old woman was drunk driving not once but twice in 3 Days. The woman was arrested by the same officer both times while wearing pajamas and no shoes both times. The Sheriff's office reported that the woman was pulled over and arrested on Saturday and released the same day. That following Monday the woman was stopped and cited by the same arresting officer with a blood alcohol level twice the limit.
In the state of California it is illegal to drive with a BAC of .08% or higher. If you are charged with a DUI you will be facing two separate cases: One is with the DMV and the other is with the court. When you are arrested and charged with drunk driving in California you only have 10 days to contact the California Department of Motor Vehicles to request a hearing. If you don't, your license will automatically be suspended starting 30 days of your arrest for DUI.
Contact an experienced California DUI Defense Attorney that knows the laws and will fight to get you the best possible outcome. Call us for a free consultation or fill out our free evaluation form online.
Allison Ross, anchorwoman for KFMB-TV for twelve years during 1978 to 1989 was arrested on suspicion of driving under the influence last weekend. Ms. Ross was driving on the wrong side of the road at around 4 am Sunday according to the San Diego Police Department.
Ross, also worked as an anchorwoman for KNSD for two years after leaving KFMB. She was arrested near her La Jolla home.
An arrest for driving under the influence can be a very serious charge. No matter what the circumstances of your drunk driving case, you should always consult a qualified California DUI Defense Attorney. We can provide a free consultation 24 hours a day, 7 days a week. Contact our offices now at 888-444-7210.
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.
Orange County, home to picturesque coast line and perfect weather for Labor Day weekend Barbeques is also home to a number of DUI Checkpoints. Orange County DUI Checkpoints are scheduled to be set up in Dana Point, Newport Beach and La Habra. Due to the high number of travelers and drinking associated with this holiday, all available California Highway Patrol Officers will be on heightened awareness for those driving under the influence in Orange County. To learn more about the planned Orange County DUI Checkpoints during Labor Day Weekend visit CHP Cracking Down on Drunk Drivers During Holiday Weekend.
California arresting officers are required to follow a number of strict guidelines in order to secure a Constitutional DUI Checkpoint. First, the public must be given advance notice of when and where a checkpoint is going to be set up. Next, the arresting agency must follow a "neutral mathematical formula" when pulling over the vehicles. Finally a legal out must be provided for all drivers prior to arriving at the California DUI Checkpoint.
An experienced California DUI Defense Attorney will know the laws associated with sobriety checkpoints and will tell you what defenses arise in your case. It is important to hire a dedicated Orange County Drunk Driving Defense Lawyer immediately after being arrested for a California DUI so that the DMV can be contacted to protect your driving privileges and a strong defense can be built in your case.
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
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.
Recently, in Massachusetts a town police officer was cleared of drunk-driving charges by a Fitchburg District Court Judge. The charges against James Scesny, 38, of Clinton, were dismissed after Judge Andrew Mandell threw out the blood alcohol results because they were taken at the hospital without Scesny’s consent.
Mr. Scesny was first arrested in May of 2007 after an accident in Clinton in which he and his girlfriend were injured when Mr. Scesny struck a telephone pole. The case was headed toward a jury trail, but in a hearing on February 1, 2008, Judge Mandell allowed Scesny’s attorney’s motion to keep the blood alcohol test out of the trial. Two blood samples that were taken at the Clinton Hospital showed that Mr. Scesny’s blood-alcohol content was 0.168%, well above Massachusetts’s legal limit. In his motion to dismiss the test results, Scesny’s attorney argued that the police took the samples without his consent. Mr. Scesny stated that he did, in fact, refuse to submit to blood testing three times. Further, Mr. Scensy’s attorney cited the Fourth Amendment’s protection of unreasonable searches and seizure of property. Scesny was ordered to pay $200 in court costs and $50 for a victim witness assessment. He will return to active duty at the end of March, following a six-month suspension.
Mr. Scesny is quite lucky that his arrest did not occur here in California. As a California DUI Attorney, I regularly handle refusal cases, but unfortunately, California law does allow the police to force blood draws on individuals suspected of drunk driving. If, like Mr. Scesny, you refuse a chemical test, the police may opt to force a blood sample from you. In addition, because of your refusal, you will incur additional penalties for refusing to submit to the chemical test. According to California law, an individual who refuses to submit to chemical testing may be subjected to a forced blood draw without violating his or her Fourth Amendment rights (People v. Sugarman (2002) 96 Cal.App.4th 210, 214-216) so long as there is probable cause to believe that the individual was driving drunk and the blood draw is performed in a reasonable, medically approved manner. (People v. Ford (1992) 4 Cal.App.4th 32, 35.)
When you are arrested for driving-under-the-influence (DUI) of alcohol or drugs, the single most important thing you should do is to contact a California DUI defense attorney as soon as possible. California DUI laws are constantly changing and are highly complex. Our California DUI Law Firm, has experienced drunk-driving defense attorneys who are skilled at building a strong drunk-driving defense for our clients and who are often are able to minimize the penalties that result from such charges. If you have been arrested for DUI in California, please contact the Law Offices of Thomas Wallin for a FREE CONSULTATION immediately. We represent individuals accused of DUI throughout Southern California, including those drunk-driving cases in Orange County, Los Angeles, Riverside, San Bernardino, and San Diego. To read more about Mr. Scesny’s case, visit: http://www.metrowestdailynews.com/news/x2019417142
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…
Diets and DUI, Please follow the link for a storey on a Pilot that was arrested after officers suspected he was under the influence of alcohol. http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/04/14/npilot14.xml It turns out the pilot was on a low carb diet and subsequent blood tests determined he did not have much if any actual alcohol in his system. At this time the pilot has no comment and is looking forward to getting back in the air. This is just another example as to the unreliability of breath tests. Hopefully more stories like this will get out to the public so people will understand the reading from the breath test isn’t the end of the world. As a DUI lawyer in California, I have an extensive questionnaire for my clients so we can look at every possible defense to a charge of DUI.
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" »
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?" »
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