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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.
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.
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
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.
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
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
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…
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" »
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" »
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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