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July 26, 2011

Highway Accident Results in DUI Arrest

Anthony Ene, 28, of Davis has been arrested after causing a DUI-related accident, injuring a 44-year-old Woodland woman.

Ene, who was driving a 2003 Mitsubishi Galant, was reportedly driving at speeds over 85 miles per hour on Highway 113 when he got behind a 2003 Ford Escape that was driving at 66mph in the slow lane. Ene proceeded to move to the left but struck the Ford Escape, causing the driver, Woodland resident Heidi Sciutto, to lose control; her vehicle went rolling over to the right several times before stopping on its wheels. Ene's vehicle went across several lanes before coming to a stop in a ditch where Ene then proceeded to climb out of the vehicle and run and hid at a home nearby where he was later found and arrested.

According to the Daily Democrat, was arrested on suspicion of driving under the influence, committing a hit and run and violating the unsupervised probation he had been serving for a previous DUI offense.

Contact our Orange County DUI Lawyers if you have been involved in a DUI-related accident or have recently been arrested for driving under the influence in or around Orange County. We have the experience and knowledge you need to get the best possible result from your specific case.

July 19, 2011

Barron Hilton Pays $4.6 Million in DUI Case

 OC DUI LawyerBarron Hilton, the younger brother of Paris Hilton, was arrested for driving under the influence in 2008 and has just been ordered to pay up to $4.9 million to a gas station attendant that he injured.

The 20-year-old, who was 18 at the time of the arrest, received his verdict regarding his previous DUI case on July 7th where the jury ordered him to not only pay the man he injured but also to pay $225,000 in punitive damages and nearly $71,000 in interest. Barron's blood alcohol level was at .14 which is above the California legal limit of .08%.

According to Third Age, Barron was driving the wrong way for several miles on Pacific Coast Highway when he pulled into a gas station and struck a gas station attendant, Fernando Tellez. Tellez's attorney has stated that he was permanently disabled and underwent multiple surgeries and medical procedures since the accident.

If you have been arrested for driving under the influence or have been involved in a DUI-related accident, contact our Orange County DUI Defense Attorneys as soon as possible.

July 11, 2011

Football Star Hines Ward Arrested for DUI

driving under the influence.jpg Hines Ward, wide receiver for the Pittsburgh Steelers and a Super Bowl most valuable player, was arrested for driving under the influence on Saturday morning.

The 35-year-old, who is also known for being the latest "Dancing With the Stars" champion, was in Atlanta when he was stopped and arrested for drunk driving. According to the LA Times and to Ward's attorney, Ward cooperated fully with police, truthfully answered their questions and was not impaired by alcohol while driving. Ward did apologize to his fans as well as the Steelers organization for the incident. After being arrested, Ward was taken to the local Decatur jail where he was then released on a $1,300 bond.

Our Orange County DUI Attorneys have been practicing DUI defense for over a decade and can handle any type of driving under the influence offense. Contact us today to find out how we can help and represent you throughout your entire case.

July 6, 2011

Crash Results in DUI for NFL Player

Lorenzo Neal, a former NFL and Fresno State football player, has been arrested for drunk driving in Fresno.

The accident occurred around 4:30pm Monday afternoon in Fresno when Neal's Ford F-150 truck went off the side of the road and crashed into a pole. Officers determined that Neal's blood alcohol level was above the legal limit however after he was arrested for driving under the influence, he was cited and released to a friend at the scene. Neal later denied that he was arrested but did confirm and acknowledge that an incident had occurred.

According to the Fresno Bee, Neal is listed as the chief information officer for a company called Safe Ride Solutions. The company offers confidential rides for intoxicated driver and Neal has been quoted saying that he feels drinking and driving is a major problem and affects people from all walks of life and segments of society.

Contact our Orange County DUI Attorneys if you have been arrested for drunk driving in the OC. Our OC DUI Law Firm will go over the details of your case, provide you with legal advice and answer any questions hat you may have.

June 22, 2011

Teen Causes Solo Car Crash, Arrested for DUI

A 15-year-old boy caused a solo vehicle crash and was subsequently arrested for a felony DUI.

The San Jose teenager and a 49-year-old passenger, Steven Gonzales, were driving in a 2004 Lexus RX330 when the teen lost control of the vehicle, veered onto the shoulder and eventually hit a fence. The teen was not injured however Gonzales suffered two broken legs and was taken to the local hospital.

According to Mercury News, the teen was arrested for a felony DUI and was taken to juvenile hall after he was released from the hospital with no injuries. Gonzales was later arrested for illegally possessing a controlled substance and drug paraphernalia as well as being under the influence of drugs.

Contact our Orange County DUI Lawyers today if you have recently been arrested for driving under the influence, whether it is your first or a felony DUI.

June 15, 2011

Contra Costa "Dirty DUI" Allegations Lead to FBI Investigation

California DUI Courthouse.jpgWe previously reported on this blog that three former Contra Costa law enforcement officers and a private investigator were involved in a "dirty DUI" scheme that involved setting up California men, often in the midst of a divorce, for California DUI arrests. It now appears that these three men are facing more charges and a potential FBI investigation.

In addition to the "dirty DUIs," federal law enforcement officials will investigate whether the defendants sold drugs outside California, ran a brothel, or were involved in growing marijuana, Contra Costa County District Attorney Mark Peterson said in a recent press conference.

The allegations grew so extensive - affecting multiple police departments, other law enforcement agencies and possibly crossing state lines - that it became too much for the county district attorney's office to handle, according to news reports.

Additionally, federal law enforcement has been called in to ensure that the investigation does not appear biased.

"Our office has fulfilled its obligation to independently investigate and prosecute the illegal activities we have discovered to date," Peterson said. "However, the criminal investigation of these individuals must not only be independent in fact, but also, it must be completely independent in its appearance."

If you or someone you know has been arrested for suspicion of driving under the influence in California, it is imperative to consult with an experienced DUI defense attorney. Contact our California DUI attorneys today!

High Speed Chase Resulted in DUI Arrest

Scott E. Hanson has been arrested for a driving under the influence after he led police on a 15 mile high speed chase for over 20 minutes.

The Willows man reportedly called 911 to report that he took a few pills and was driving around so no one could find him. Once officers located his white GMC Sierra, they tried to pull him over but instead, Hanson fled and led officers on a high speed chase, reaching speeds of up to 70 mph. According to Willows Journal, after a failed attempt at using a spike strip, Hanson finally pulled over to meet a friend; officers arrested Hanson and took him into custody without further incident. Hours later however Hanson had to be physically restrained while he was under evaluation at the local hospital.

Contact our Orange County DUI Defense Lawyers today if you have been arrested for driving under the influence or have been involved in a DUI-related accident.

June 10, 2011

Actress Estella Warren Arrested for DUI

Estella Warren, a Canadian synchronized swimmer and actress, was arrested for driving under the influence and has been charged with four misdemeanors.

The 32-year old "Planet of the Apes" actress was driving under the influence in a Toyota Prius when an officer witnessed her slam into three parked cars and drive off. When Warren was finally pulled over, she resisted arrested and kicked a police officer. According to Pop Eater, when Warren was taken to the police department to be booked, she freed herself from her handcuffs and tried to run out the back door. Once convicted, Warren could be looking at 6 months of jail time.

Have you been arrested for driving under the influence in OC? Contact our Orange County DUI Lawyers today to learn how we can help you, regardless if this is your first or fourth DUI offense.

June 1, 2011

Memorial Weekend Checkpoints Result in Several DUI Arrests

Orange County's Memorial weekend was filled with beach goers and friends gathering to celebrate with drinks and barbeques. From Friday to Monday, multiple DUI checkpoints could be seen throughout the county, checking to make sure motorists were not driving under the influence.

dui-sobriety-checkpoint.jpg The OC Register reports that 148 individuals were arrested during these DUI checkpoints and saturation points, making that a higher number of those arrested than during last year's enforcement period. Although there were plenty of OC DUI checkpoints throughout, they were not enough to stop fatal DUI-related accidents from occurring. In Irvine, a 14 year old girl lost her life after drunk driver crashed his vehicle into the one the girl was in; two OC residents died in another DUI-related accident in Riverside County and a 25-year-old drunk pedestrian was struck by an SUV while he was crossing the road.

Driving under the influence is a serious matter that can hurt innocent people; if you plan on going out, please drink responsibly and always have a designated driver. Our Orange County DUI Defense Attorneys send their condolences to the friends and family members of the victims.

May 20, 2011

CA Cop Arrested for Lying On DUI Arrests

Police officers job duty entails protecting the public, ensuring that motorists are safe as well as arresting those who are driving under the influence. Unfortunately, not all officers' main concern is public safety but rather having the most DUI arrests under their belt.

A former Sacramento police officer, Brandon Mullock, has been recently under investigation for lying about a dozen of Sacramento DUI arrests and some domestic violence cases. If convicted to all 34 counts of perjury and filing a false report by a police officer, Mullock could be facing 23 years and 8 months in prison. According to the Sacramento CBS Local, allegations began when there were discrepancies found between Mullock's written DUI arrest reports and his dash cam video.

If you were recently arrested for driving under the influence, speak with one of our experienced and knowledgeable Orange County DUI Lawyers as soon as possible. There may be discrepancies in your police report that may help your case.

May 16, 2011

CA City Vice Mayor Arrested for Drunk Driving

Andy Klein, 29, has been arrested for driving under the influence after pulling over on the side of the road to take a phone call.

At around 1:10am on Thursday morning, Klein, the vice mayor of San Carlos, was exiting the Interstate 280 when he received a phone call and pulled over. A San Carlos sheriff's deputy noticed the vehicle and proceeded to stop and see if the driver needed any assistance; upon speaking with Klein, the officer noticed the smell of alcohol. Klein was then asked to perform a DUI field sobriety as well as take a breathalyzer test and give a blood sample. Klein was arrested but not taken to jail; instead, Klein was taken to the county's drop-off center designed to be used as a "sobering" area. According to Mercury News, Klein was picked up shortly after 2:30am by a family member.

Contact our Orange County DUI Defense Lawyers today if you find yourself arrested for a California DUI. Our OC DUI Attorneys know the law, will be able to answer any questions that you may have and will represent you throughout your entire DUI case.

May 11, 2011

Police Receive Unexpected Surprise at DUI Checkpoint

iStock_happy baby.jpgAs reported by several media outlets, police in Plainville, Connecticut, got a surprise when they were conducting a DUI checkpoint last week: a baby!

According to WHDH, Trevor and Bethel Hairston were home on Saturday night when Bethel confirmed it was time to go to the hospital.

The couple got in their car and headed for the hospital in New Britain, but they encountered a sobriety checkpoint.

When police stopped Trevor Hairston and his wife Bethel, they were immediately informed that she was in labor and may be on the verge of delivery.

Although police called an ambulance to the scene, it soon became clear that it would not arrive in time. Ultimately, several officers delivered the Hairston's baby in the front seat of their car.

"They came over and said the baby's crowning. The baby's here," said Bethel Hairston.
At 1 a.m., 10 minutes after they entered the checkpoint, Christian Hairston was born, weighing 5 pounds, 7 ounces.

Unfortunately, not every driver's encounter with a DUI checkpoint will be so joyous.
If you have been arrested for suspicion of driving under the influence at a California sobriety checkpoint, it is imperative to contact an experienced California DUI defense attorney.

May 10, 2011

Facebook Helps Fight Crime

Every since social media sites have been all the rage, professionals have been utilizing the power of the internet to help increase business or in this case, help solve crimes. Worried about where the next DUI checkpoint will be? Don't worry, there's a California DUI Facebook page dedicated to just that!

According to the Evening Post, Facebook has helped police departments gather additional information about crimes being committed and have helped inform the public of missing persons or other important safety issues. Since 2008, there has been an increase of 1000% where callers have mentioned Facebook when providing officials with tips or information. Two police departments in the United Kingdom have reported over 3,000 calls, both emergency and non-emergency related, where the word "Facebook" was mentioned as a source.

With a growing number of computer-savvy individuals, Facebook allows users to find out all sorts of information, from warnings of wanted individuals, to information about upcoming California DUI checkpoints or even information on how to get in touch with a leading local Orange County DUI Attorney.

It is great to know that one can find all sorts of information that is both helpful and available with a simple "like" button. Contact our Orange County DUI Lawyers today for more information regarding California DUI charges.

May 3, 2011

Actor Arrested and Jailed for DUI

A Desperate Housewives actor has been arrested for allegedly driving under the influence and is currently being held in jail on a $25,000 bond.

Ricardo Chavira, 39, known for playing Eva Longoria's on-screen husband Carlos Solis, was driving in LA around when he was pulled over around 2am. Officers pulled him over for a routine traffic stop but noticed the smell of alcohol and proceeded to investigate. According to Radar Online, when Chavira refused to take the blood/alcohol test, he was arrested and booked at the Los Angeles jail.

Have you been arrested for driving under the influence? If so, our Orange County DUI Attorneys are here to answer any questions you may have and provide you with the best possible representation.

February 25, 2011

MADD Ex-President Arrested for Driving Under the Influence

Mothers Against Drunk Driving are supposed to practice what they preach. However, Debra Oberlin, the ex-president of a Gainesville, Florida MADD chapter, was just arrested for driving under the influence.

According to AOL News, the 48-year-old was driving her vehicle when she was spotted veering across lanes of traffic at 1:10am. Once officers pulled her over they noticed she had bloodshot and dilated eyes and smelled of alcohol, which are all signs of intoxication.

Oberlin told officers she had only four beers before driving, however, after she struggled through the DUI field sobriety tests and breathalyzer records show Oberlin was at .234 and .239 (which is almost three times that of the state legal limit) she was arrested and booked at the local jail.

If you have been recently arrested for driving under the influence in California, contact our California DUI Defense Lawyers so that you can get the best possible representation.

January 4, 2011

Lindsay Lohan Violates Probation

Actress Lindsay Lohan, 24, is in violation of her probation for attacking a Betty Ford clinic worker. Ms. Lohan was ordered to stay in rehab through 2011 to "prevent her from partying over New Year's" however, she was seen leaving the clinic after she "became belligerent, pushed her and snatched a phone from her hand, straining her arm" KTLA.com states, after a clinic worker tried to obtain a breathalyzer test from Ms. Lohan. This violation of probation can get the "Mean Girls" actress to face additional jail time. Ms. Lohan has already served two stays in rehab and two in jail in 2010 alone for her 3 ½ year old DUI case. The investigation will be forwarded to the district attorney's office for further investigation.

May 5, 2010

Former New England Patriot arrested for Los Angeles DUI

Corey Dillon, a former New England Patriot was arrested for drunk driving in Los Angeles last Wednesday morning. He was driving a red Chevrolet Camero with paper plates when deputies stopped him to check his registration. Deputies claim Dillon displayed objective symptoms of being under the influence of alcohol. After being arrested for a Los Angeles DUI, Dillon was released with a citation to appear on June 21, 2010. A Los Angeles DUI can be very detrimental to a person's career and their relationships. The first call you should make is to a qualified Los Angeles drunk driving defense attorney. Our team of knowledgeable LA DUI Lawyers understands the complicated drunk driving laws and can represent you at both the DMV hearing and through the Los Angeles County Superior Court.

March 5, 2010

California politician arrested for driving under the influence

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.

February 26, 2010

If you see someone driving drunk...Who you gonna call....DUI Busters!

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.

July 28, 2008

Rebecca De Mornay Gets Probation

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/

July 27, 2008

'Indiana Jones' star LeBeouf arrested for DUI in LA County

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

July 15, 2008

Lindsay Lohan's New Job at the Morgue

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

July 9, 2008

Kiefer Sutherland Goes to Jail

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

July 1, 2008

Florida Motorist Arrested Twice for DUI While Sober

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

June 25, 2008

Former Fresno City Council member pleads guilty to DUI

Former Fresno City Council member pleads guilty to DUI

As former Fresno City Council member, Sal Quintero can attest, the 'D' in 'DUI' does not mean that you have to be driving in order to be found guilty of “driving under the influence.”  Apparently, Mr. Quintero was found asleep in his car that was not running, but with the ignition key in the ‘on’ position.  After submitting to a breath test, Mr. Quintero’s blood-alcohol-content registered between .15 and .16%, well above California’s legal limit of .08%.  

While some eyebrows may have been raised, it is true that one can be arrested for DUI even if not actually seen to be driving.  There are a number of appellate cases that have even affirmed DUI convictions where the defendant was asleep or unconscious in his/her car.   The theory behind such convictions is that the defendant was “probably” driving some time earlier and was “probably” intoxicated at that time. 

As a California DUI Defense Attorney, I handle such cases as this that may involve the defendant not actually driving.  It is important to note that in order to be convicted of such a charge, certain things must be made apparent.  For instance, whether or not the car was running, whether the keys were in the ignition, and where the defendant was seated when found.  When it comes to DUI cases, the prosecution has the burden of proving that the defendant was actually “driving” or at the very least, in “physical control” of the vehicle while impaired.  If it cannot be proven that the defendant was in physical control of the vehicle, then he or she must be acquitted.

Being arrested for DUI tends to be one of the most frightful things that can happen to anyone.  If you are arrested for DUI, please contact the DUI Law Office of Thomas Wallin today! 

If you find yourself in the position where you must “sleep it off,” the best course of action is to turn of the ignition and move to the back of the car with the keys in your pocket!.  For more on the Quintero story, visit:  http://www.fresnobee.com/263/story/376432.html.

June 17, 2008

DUI: Is Jail Time the Best Answer?

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

June 5, 2008

Officer Found Not Guilty of Drunk Driving Charge

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

August 22, 2007

Bill Murray Arrested for DUI in Sweden

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.

June 28, 2007

Mistaking diabetic shock for drunk and disorderly behavior

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…

 

January 3, 2007

States are Forced into Enacting DUI Laws or Else Risk Losing Funding

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" »

December 27, 2006

DUI Laws in Many States Violate 6th Amendment

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" »

December 11, 2006

Reality series star Nichole Richie arrested in LA for DUI

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" »

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