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Recent Blog Posts in August 2011

August 29, 2011
  California DUI Grey Area: What If You Pass Out in a Car After Drinking?
Posted By Thomas V. Wallin

California DUI attorneyMost California drivers are aware that driving impaired is illegal. But how do you define "driving?" For instance, what happens if the police find you passed out in your vehicle?

California DUI law (California Vehicle Code §§23152 and 23153) requires that the defendant "drive" a motor vehicle in order to be convicted of driving under the influence.  In some case, this is very clear; in other circumstances, such as the case of a passed out driver described above, it is not so clear.

As a result, the California courts have interpreted the law to determine the definition of driving for purposes of conviction. The following are some of the interpretations of the term "driving."

  • In the case of Mercer v. DMV, the act of driving was defined as the "volitional movement of the vehicle" while the intoxicated individual is in physical control of the vehicle.
  • California courts have subsequently further clarified what constitutes "actual physical control." In the case of Keeler v. Superior Court of Amador Country, the court interpreted the term "actual physical control of the vehicle" and determined that both volitional movement and actual physical control must be present to be considered as "driving" under the penal statute.
  • Similarly, in the case of In re Queen, the court held that both elements of volitional movement and actual physical control must be proven by the prosecution in order to sustain a DUI conviction, although circumstantial evidence may be used. In that case, the court found that steering a car, while someone else works the gas and brakes, is driving.

In essence, actual physical control means the defendant must physically be in or near the vehicle and have the capability to operate the vehicle, regardless whether he or she operated the vehicle at the time of the arrest.

Under the definitions described above, it is still possible for a California driver to be charged with DUI in a parked car. For instance, if the engine was on, the parking brake released, and the impaired person was behind the wheel, these circumstances could constitute "driving."

Therefore, if you cannot call a cab or find a sober driver to pick you, the best idea may be to place the keys in the trunk and lay down in the back seat.

If you are arrested for California DUI in a parked car, it is important to hire an experienced California DUI/DWI attorney who will be able to raise doubts about whether you were actually "driving."

Continue reading "California DUI Grey Area: What If You Pass Out in a Car After Drinking?" »

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August 26, 2011
  California DUI Checkpoints 8/26 - 8/28
Posted By Thomas V. Wallin

As a DUI offender, you could be looking at hefty fines, lengthy license suspension and potential jail time, even on a first time DUI offense.  Whether you are stopped on the road or during a DUI sobriety checkpoint, it is imperative that you hire a reputable DUI defense attorney who will fight for you.

Our California DUI Lawyers have compiled the following list of DUI checkpoints in California that will be occurring this weekend.   Although most police departments announce a checkpoint prior to its commencement, not all provide the checkpoint information far in advance; many arresting officials provide the public with very little detail hours up to the check point.   If you are arrested during a DUI sobriety checkpoint, contact our California DUI Attorneys today!

Friday:

Anaheim: 8pm-3am -DUI roving patrol

Irvine: 8pm-3am -DUI roving patrol

Lake Elsinore: evening - undisclosed location

Los Angeles: 8pm-2am -

·         Figueroa Street & 9th Street in Central Area

·         Manchester Avenue &Broadway in Southeast Area

·         Sunset Boulevard & Hoover Street in Northeast Area

Lower Lake: 6pm-2am - near Highways 53 & 29

Newport Beach: 8pm-3am - DUI roving patrol throughout the city

Poway: 7pm - early morning - undisclosed location

San Diego: 9pm-4am - undisclosed location

San Bernardino: 6pm - early morning - 500 block of W. 40 th Street

San Bernardino County: 6pm-2am - undisclosed locations within the cities of Hesperia, Redlands, San Bernardino, Cal State University of San Bernardino, Upland, Barstow and Chino Hills

Santa Ana: evening - undisclosed location  

Santa Barbara: evening - undisclosed location

Santa Monica: evening - undisclosed location

Stanislaus County: evening - within the cities of Modesto & Turlock

Temecula: 9pm - early morning - undisclosed location

Ventura: 8pm-3am - undisclosed location

Visalia: evening - undisclosed location

Saturday:

Adelanto: 6pm - 2am - undisclosed location - saturation patrol

Anaheim: 8pm-3am - DUI roving patrol

Buena Park: 8pm-3am - DUI roving patrol

Garden Grove: 8pm-3am - DUI roving patrol

Goleta: 8pm-3am - undisclosed location

Indian Wells: 8pm-2am - city limits

Livermore: evening - undisclosed location

Los Angeles: 6pm-2am - West Los Angeles area

Santee: 7pm - early morning - undisclosed location

Upland: 6pm - 2am - undisclosed location - saturation patrol

Sunday:

Redlands: 6pm-2am - city of Redlands - saturation patrol

Santa Barbara: 6pm-2am - undisclosed location

Continue reading "California DUI Checkpoints 8/26 - 8/28" »

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August 25, 2011
  Orange County DUI Lawyer Explains the DUI Checkpoint Crackdown in OC
Posted By Thomas V. Wallin

The Orange County Sheriff's Department's Avoid the 38 Orange County DUI Task Force is implementing an intensive campaign to target drunk drivers during the last few weeks of summer.  These Orange County DUI sobriety checkpoints and roving DUI Patrols have begun August 19 th and will continue through September 5 th to ensure that the public is safe from motorists who may be driving under the influence of alcohol and or drugs.

According to the press release released by the Orange County Sheriff's Department, in "2009 alone, 10,839 people died in crashes in which a driver or motorcycle rider was at or above the legal limit, according to the National Highway Traffic Safety Administration (NHTSA)".

While it is unfortunately that so many individuals lost their lives due to drunk drivers, many question whether conducting DUI sobriety checkpoints in Orange County are actually beneficial. These checkpoints not only cost tax payers lots of money to run and hardly ever result in DUI arrests but rather make the city money.

If you have recently been arrested for driving under the influence or have been arrested during an Orange County DUI Checkpoint, contact our Orange County DUI Lawyers as soon as possible. We will look into the details of your arrest and ensure that you receive a more favorable sentencing.

Check out our Orange County DUI Checkpoint page to find out where the most current DUI sobriety checkpoints in Orange County will be.

Continue reading "Orange County DUI Lawyer Explains the DUI Checkpoint Crackdown in OC" »

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August 25, 2011
  Orange County DUI Lawyer Explains the DUI Checkpoint Crackdown in OC
Posted By Thomas V. Wallin

The Orange County Sheriff's Department's Avoid the 38 Orange County DUI Task Force is implementing an intensive campaign to target drunk drivers during the last few weeks of summer.  These Orange County DUI sobriety checkpoints and roving DUI Patrols have begun August 19 th and will continue through September 5 th to ensure that the public is safe from motorists who may be driving under the influence of alcohol and or drugs.

According to the press release released by the Orange County Sheriff's Department, in "2009 alone, 10,839 people died in crashes in which a driver or motorcycle rider was at or above the legal limit, according to the National Highway Traffic Safety Administration (NHTSA)".

While it is unfortunately that so many individuals lost their lives due to drunk drivers, many question whether conducting DUI sobriety checkpoints in Orange County are actually beneficial. These checkpoints not only cost tax payers lots of money to run and hardly ever result in DUI arrests but rather make the city money.

If you have recently been arrested for driving under the influence or have been arrested during an Orange County DUI Checkpoint, contact our Orange County DUI Lawyers as soon as possible. We will look into the details of your arrest and ensure that you receive a more favorable sentencing.

Check out our Orange County DUI Checkpoint page to find out where the most current DUI sobriety checkpoints in Orange County will be.

Continue reading "Orange County DUI Lawyer Explains the DUI Checkpoint Crackdown in OC" »

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August 25, 2011
  Orange County DUI Lawyer Explains the DUI Checkpoint Crackdown in OC
Posted By Thomas V. Wallin

The Orange County Sheriff's Department's Avoid the 38 Orange County DUI Task Force is implementing an intensive campaign to target drunk drivers during the last few weeks of summer.  These Orange County DUI sobriety checkpoints and roving DUI Patrols have begun August 19 th and will continue through September 5 th to ensure that the public is safe from motorists who may be driving under the influence of alcohol and or drugs.

According to the press release released by the Orange County Sheriff's Department, in "2009 alone, 10,839 people died in crashes in which a driver or motorcycle rider was at or above the legal limit, according to the National Highway Traffic Safety Administration (NHTSA)".

While it is unfortunately that so many individuals lost their lives due to drunk drivers, many question whether conducting DUI sobriety checkpoints in Orange County are actually beneficial. These checkpoints not only cost tax payers lots of money to run and hardly ever result in DUI arrests but rather make the city money.

If you have recently been arrested for driving under the influence or have been arrested during an Orange County DUI Checkpoint, contact our Orange County DUI Lawyers as soon as possible. We will look into the details of your arrest and ensure that you receive a more favorable sentencing.

Check out our Orange County DUI Checkpoint page to find out where the most current DUI sobriety checkpoints in Orange County will be.

Continue reading "Orange County DUI Lawyer Explains the DUI Checkpoint Crackdown in OC" »

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August 25, 2011
  DUI Roving Patrol vs. DUI Checkpoint in California
Posted By Thomas V. Wallin
When arresting officers announce that they will be enforcing California DUI laws and getting drunk drivers off of the streets, they usually categorize it as a DUI checkpoint or a DUI roving patrol. But what is the actual definition and difference of each? Both are designed to ensure that motorists are not driving under the influence of alcohol and or drugs but are each one is implemented in two completely different ways.

What is a DUI Checkpoint?

A California DUI Checkpoint is a structured operation that is conducted by local arresting officers to ensure that motorists are not driving while intoxicated.   These checkpoints often are set up in one location (on public streets and roadways, usually near bars or areas known for frequent DUI arrests) and must be conducted according to specific guidelines.   

During a DUI checkpoint in California, officers look for signs of intoxication such as bloodshot or watery eyes, slurred speech or even the scent of alcohol. If an officer is under the impression that you are driving drunk, they will ask motorists to step out of the vehicle and investigate by asking the driver to perform DUI field sobriety tests and a breathalyzer or blood test.

What is a DUI Roving Patrol?

Because DUI checkpoints must be announced prior to their commencement and are highly visible, DUI roving patrols in California are considered more effective in catching intoxicated drivers.  The word roving can mean nomadic, wandering and traveling which is completely different than a DUI Checkpoint which stays in one location for the duration of the operation.

 In short, Roving DUI Patrols are harder to avoid as arresting officers are not stationed in one specific area but rather are driving around the city looking for individuals who display obvious signs of driving under the influence.  

Contact Us for More Information

Our California DUI Defense Lawyers want you to be aware of the differences so that you can be more prepared. Check out our California DUI Checkpoint Locations Facebook page to stay up to date with all upcoming DUI sobriety checkpoints!

Continue reading "DUI Roving Patrol vs. DUI Checkpoint in California" »

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August 24, 2011
  California DA on Wrong Side of California DUI Case
Posted By Thomas V. Wallin

California DUI lawyer A California district attorney has found herself on the wrong side of a California driving under the influence case. Proving no one is immune from a California DUI, Gloria Mas, an El Dorado County deputy district attorney, was arrested in July on suspicion of drunken driving, according to the Sacramento Bee.

Mas was arrested in the early afternoon of July 25 at the El Dorado County District Attorney's Office after witnesses said she drove into the parking lot there, appearing to be intoxicated. According to the California Highway Patrol's arrest report, the attorney told a CHP officer that she consumed two vodka tonics between noon and 1 p.m. while at home for lunch and then drove to the office.

According to the arrest report, a CHP officer attached to the District Attorney's Office saw Mas drive into the district attorney's lot. The officer and other witnesses, whose names were edited out of the report, told an investigating CHP sergeant that Mas showed signs and symptoms of intoxication.

The arresting officer, Sgt. T. Brown, subsequently performed field sobriety tests and a breath test in District Attorney Vern Pierson's office.

Mas failed to perform the tests properly, and the field breath test showed a blood-alcohol level of about 0.12 percent, according to the report. Results of a test conducted at the El Dorado County jail, where Mas was booked, were blacked out of the report.

The county DA referred the case to state Attorney General Kamala Harris' office because of the potential for conflicts resulting from prosecuting one of their own.

"We have taken that case," confirmed Nick Pacilio, a spokesman in the attorney general's office. A decision on whether or how to prosecute has not been made, and the case is under review.

If you or someone you love has been arrested for drunk driving, be sure to consult with an experienced California DUI Defense attorney as soon as possible.

Continue reading "California DA on Wrong Side of California DUI Case" »

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August 23, 2011
  R&B Singer Arrested for Drunk Driving
Posted By Thomas V. Wallin

A 23-year-old R&B singer was arrested for driving under the influence after she crashed her vehicle early Friday morning.

According to The Boom Box, Teairra Mari rear ended her silver Infiniti into another vehicle while driving in Beverly Hills.   Once officers arrived at the scene, they noticed the singer exhibited signs of intoxication and became combative with the arresting officers, giving one a minor cut.    Mari was released later that night on a $50,000 bail and has since issued a statement apologizing for her actions.

If you have been arrested for drunk driving in California, contact our California DUI Defense Lawyers today. We will investigate the details of your case, subpoena records and officers if needed and make sure that you get the best possible representation for both your DMV hearing and criminal court hearing. 

Continue reading "R&B Singer Arrested for Drunk Driving" »

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August 22, 2011
  Lake Elsinore DUI Checkpoint Results in Tasered Arrest
Posted By Thomas V. Wallin

Bryan Young, 35, was tasered and arrested after he attempted to escape officers during a routine DUI sobriety checkpoint.

According to the Lake Elsinore-Wildomar Patch, the Lake Elsinore man was about to go through a checkpoint when he made a U-turn to go in the opposite direction. Once officers approached Young, he displayed symptoms of driving under the influence of drugs and later admitted to being in possession of marijuana.

When an officer led the motorist away from his vehicle, Young attempted to run off but was stopped when a second officer tasered him.  Upon further investigation, officers found Young was a convicted felon serving probation for domestic violence and he had a loaded .38-caliber handgun as well as marijuana in his vehicle. Young has been arrested for being a felon in possession of a firearm, carrying a loaded firearm, probation violation and driving under the influence of drugs.  

If you have been arrested during a DUI sobriety checkpoint in California, contact our California DUI Defense Lawyers as soon as possible. You have only 10 days to contact the DMV to request a hearing; let our attorneys request and conduct the hearing on your behalf so you don't have to!

Continue reading "Lake Elsinore DUI Checkpoint Results in Tasered Arrest" »

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August 22, 2011
  Driver Sentenced to Prison for Fatal California DUI
Posted By Thomas V. Wallin

California DUI A 21-year-old California man who admitted to driving under the influence and causing a fatal DUI accident has been sentenced to four years and four months in prison, according to Sign On San Diego.

San Diego Superior Court Judge Eugenia Eyherabide sentenced Long Xu of Los Angeles County to the lowest prison term available under the law, stating that Xu had apparently lived a law-abiding life until this incident.

"By all accounts, you are a very good, extraordinary person," Eyherabide told the defendant. At the same time, she highlighted noted that the evidence showed that Xu drove "way too fast," causing the car to flip three or four times. His blood-alcohol content was 0.10 percent following the collision, according to prosecutors.

When police arrived at the scene of the accident, Xu was outside a 2011 Toyota Camry with his friend Guozhen Yu, 23, who had been a passenger in the back seat. While Yu and Xu only suffered minor injuries, Jiani Cheng, who was in the front passenger seat, died of blunt force head trauma.

Her aunt and uncle described her in court as an accomplished dancer who had competed in England and Hong Kong and dreamed of one day performing on "Dancing with the Stars."

As this case demonstrates, a California DUI accident can have serious, life-altering consequences. Therefore, if you or someone you love has been arrested for drunk driving, be sure to consult with an experienced California DUI Defense attorney as soon as possible.

Continue reading "Driver Sentenced to Prison for Fatal California DUI" »

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August 19, 2011
  8/19-8/21 Weekend DUI Checkpoints in California
Posted By Thomas V. Wallin

Our California DUI Defense Lawyers want you to have a great weekend without getting a driving under the influence charge.   If you plan on going out this weekend, please make sure that have a designated driver or hire a cab so that you do not run the risk of having to drive after drinking.  

This weekend, there will be multiple DUI sobriety checkpoints in California; our attorneys have compiled the list below so that you are aware and can make a more informed decision.   If you do happen to be arrested for driving under the influence at a DUI checkpoint, contact our California DUI Attorney as soon as possible!

Friday:

Canyon Lake: 7pm-early morning - undisclosed location

Coachella: 7pm-1:30am - undisclosed location

Cypress: 6pm-early morning - undisclosed location

Dana Point: 8pm-4am - undisclosed location

Lompoc: 6pm - early morning - undisclosed location

Los Angeles County: weekend - multiple cities throughout Los Angeles County!

Montclair: 7pm-2am - undisclosed location

Murrieta: 6pm - early morning - undisclosed location

Orange: 8pm-2am - 1800 West Chapman Ave.

Oxnard: 6pm-2am - undisclosed location

Rancho Cordova: 8pm-2am - undisclosed location

Rancho Mirage: 8pm- 2am - undisclosed location

Redondo Beach: 7:32am - early morning - undisclosed location

Salinas: evening - undisclosed location

San Bernardino County: evening - multiple cities

San Clemente: 8pm-4am - undisclosed location

San Juan Capistrano: 8pm-4am - undisclosed location

San Marcos: 7:30pm-3am - undisclosed location

Temecula: 6pm - undisclosed location

Victorville: 7pm - early morning - undisclosed location

Vista: 7pm - early morning - undisclosed location

Saturday:

Chula Vista: 6pm - early morning - undisclosed location

Lompoc: 6pm - early morning - undisclosed location

Redlands: 10pm-3am - Alabama St. between Orange Ave. & Barton Rd.

Sacramento: evening - undisclosed location

Tustin: 7pm-3am - undisclosed location

Visalia: evening - undisclosed location 

Continue reading "8/19-8/21 Weekend DUI Checkpoints in California" »

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August 17, 2011
  DUI on a Motorized Cooler?
Posted By Thomas V. Wallin

California DUI This story should be filed under the category of strange but true. An Australian man is facing a driving under the influence charges after being caught driving a motorized cooler box through a beachside resort town, Fox News reports.

Christopher Ian Petrie, 23, faces charges of driving under the influence and driving without a license after police caught him on the makeshift vehicle, which was powered by a 50cc engine.

Petrie's lawyers won an adjournment from magistrate John Parker as they sought to establish "whether a motorized esky [cooler box] was in fact a motor vehicle."

The magistrate was apparently amused by device and inquired with Petrie about his cooler box's performance.

"How much beer can it hold?" he asked the defendant. Petrie told the court the cooler box could hold "at least a couple of cartons."

What if this DUI arrest took place in California?

Under California Vehicle Code §670, a vehicle is defined as: "A device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks."

In light of the statute, the general rule is that any device with a motor that has been designed to be driven on highways is a vehicle. Therefore, it is possible that someone "driving" a motorized cooler on a California road could be arrested for driving under the influence.

While an experienced California DUI attorney could certainly challenge the arrest, it seems to make more sense to stick with a non-motorized cooler.  

If you or someone you love has been arrested for drunk driving, be sure to consult with an experienced California DUI Defense attorneyas soon as possible.

Continue reading "DUI on a Motorized Cooler?" »

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August 15, 2011
  California DUI FAQ: Can You Talk Your Way Out of a California DUI?
Posted By Thomas V. Wallin

California DUI In most cases, you will not be able to talk you way out of a California DUI arrest. In fact, you may do more harm than good.

That's because anything you say to the police officer can later be used against you in a subsequent California DUI trial, including whether the officer smelled alcohol on your breath and whether your speech was slurred.

So what should you do?

If the officer suspects that you have been drinking, he or she will often ask, "How much have you had to drink?" It is important to realize that you are under no obligation to volunteer this information. Simply return the question with one of your own. You might ask why he or she is asking you this question or if the officer would like to see your documents.

If the officer asks again and you think you may be over the legal limit, it is best to invoke your right to remain silent. Just say, "I don't wish to answer any questions, thank you."

If you are arrested, it is also advisable to keep silent on your way to the police station. Again, anything you say can again be used against you in court. Yelling or crying at this point will not change the fact that you are facing a California DUI arrest. Instead, you should exercise your right to speak with an attorney.

If you or someone you love has been arrested for drunk driving, be sure to consult with an experienced California DUI Defense attorneyas soon as possible.

Continue reading "California DUI FAQ: Can You Talk Your Way Out of a California DUI?" »

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August 12, 2011
  Weekend DUI Checkpoints in CA 8/12- 8/14
Posted By Thomas V. Wallin

Contact our California DUI Defense Lawyers if you have been arrested during a DUI sobriety checkpoint.   During a checkpoint, officers look for signs of intoxication such as blurry or bloodshot eyes, slurred speech or the scent of alcohol. A reputable and knowledgeable CA DUI Attorney will look into the details of your arrest and provide you with the best possible representation available. Check out the California DUI Checkpoints that may be near you:

Friday:

Chula Vista: 8pm-2am - undisclosed location

Escondido: weekend - undisclosed locations

Gardena: 7:30pm - 3:30am - El Segundo Blvd. at Halldale Avenue.

Los Angeles: 8pm-2am - Washington Blvd. between Abbot Kinney Blvd. & Lincoln Blvd.

Los Angeles: 7:30pm-2:30 - Highland Ave. & DeLongpre St.

Los Angeles: 6pm-1am - Westbound Imperial Hwy between Main St. & San Pedro St.

Newport Beach: 9pm-3am - Dover Drive & 16 th Street

Santa Monica: evening - undisclosed location

Saturday:

Long Beach: 6pm-2am - North Long Beach

Los Angeles: 8pm-2am - Sunset Blvd. between Maltman Ave. & Silver Lake Blvd.

Rancho Mirage: 8pm-2am - undisclosed location

San Jose: 9pm-3am - undisclosed location

Continue reading "Weekend DUI Checkpoints in CA 8/12- 8/14" »

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August 10, 2011
  Michigan Chief of Police Arrested for DUI
Posted By Thomas V. Wallin

A West Michigan Chief of Police was arrested last week for driving under the influence and has since been suspended from his duties as the Chief of Police.

According the WWMT.com, Mark Sheldon was driving when officers spotted his pickup truck crossing the center line.   Once pulled over, Sheldon was required to perform several DUI field sobriety tests such as the walking heel to heel in a straight line test, which he failed.   Sheldon was then given the breathalyzer test which showed that his blood alcohol level was at .020, well above the legal limit. Sheldon will be charged under the new state of Michigan "super drunk" law for first time offenders who are over a .07 blood alcohol level.  

If you have been arrested for driving under the influence, contact our California DUI Defense Lawyers today. WE have the experience and knowledge to handle any type of DUI case, whether it is your first time DUI offense or whether you are a felony DUI offender

Continue reading "Michigan Chief of Police Arrested for DUI" »

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August 10, 2011
  California DUI FAQ: What Happens at a California DUI Trial?
Posted By Thomas V. Wallin

California DUI trialThe prospect of facing a driving under the influence conviction can be stressful. Therefore, it is often helpful to understand what to expect. This post will address the criminal court process, in particular a California DUI trial.

A California DUI trial may be held either before a judge (a bench trial) or a judge and jury. The first phase of a DUI jury trial is jury selection, a process in which both the prosecutor and the offender's California DUI defense attorney will participate. Once the jury is selected, the trial begins. 

DUI trials typically last several days. At the DUI trial, both the California DUI lawyer and the prosecution will examine witnesses, call experts to testify, and present any relative evidence. Once both the prosecution and the defense have presented their evidence, closing arguments are heard. The judge then instructs the jury on how to apply the facts of the DUI case to the law and jury deliberation begins.

During the jury deliberation, the jurors are excused to the jury room to discuss the facts of the case. In order for a suspected California DUI offender to be convicted, "all" jurors must be convinced "beyond a reasonable doubt" that the suspected DUI offender is guilty. 

If the jurors are not able to conclude beyond a reasonable doubt that the offender is in fact guilty, then the offender will need to be acquitted of the charges heard. If the DUI offender is found guilty, then the judge will decide what the appropriate punishment (which can be set by law) will be. 

If you have been arrested for driving under the influence in California, it is imperative to consult with an experienced California DUI defense attorney who can help you successfully navigate the criminal justice system.

Continue reading "California DUI FAQ: What Happens at a California DUI Trial?" »

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August 08, 2011
  Showing Up Drunk to California DUI Sentencing Leads to Longer Sentence for Orange County Man
Posted By Thomas V. Wallin

Orange county dui attorney From time to time, we come across a California DUI story that perfectly describes what NOT to do following a driving under the influence arrest. This story is no exception. According to the Los Angeles Times, a former sheriff's deputy's sentence was doubled to 32 months in prison after he showed up drunk in court to face a DUI charge.

Allan James Waters, 38, could have received 16 months in state prison for his Orange County DUI conviction, but an offer from the Orange County judge was withdrawn after the he appeared in court at a prior hearing in June under the influence of alcohol.

According to the Times, the former deputy pleaded guilty on April 7 to felony driving under the influence causing bodily injury, two felony counts of selling a substance in lieu of cocaine, nine felony counts of obtaining a controlled substance by fraud, and a sentencing enhancement for causing great bodily injury to a 78-year-old woman.

At the June hearing, court bailiffs noticed Waters was showing signs of intoxication, including unsteady balance and emitting an odor of alcohol. As a term of Waters' $100,000 bail, he was prohibited from consuming alcohol.

After the discovery, Prosecutor Brock Zimmon requested an increase in bail, and Waters was taken back into custody on $250,000 bail. The judge postponed the sentencing but no additional charges were filed for this incident, as the level of intoxication did not rise to the legal standard for a crime.

At the rescheduled hearing, Judge Frank Fasel withdrew his previous sentencing offer of 16 months in state prison, based on the defendant's conduct at the previous hearing and out of concern for public safety.

If you have been arrested for driving under the influence in California, it is imperative to consult with an experienced California DUI defense attorney who can help achieve the best possible outcome in your case.

Continue reading "Showing Up Drunk to California DUI Sentencing Leads to Longer Sentence for Orange County Man" »

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August 05, 2011
  California DUI Checkpoints 8-5 to 8-7
Posted By Thomas V. Wallin

Our California DUI Defense Lawyers are here to provide you with information regarding DUI sobriety checkpoints so that you are prepared if you ever have to go through one.   Even if you haven't been drinking and driving, a DUI checkpoint can be a stressful situation.

If you are arrested during a checkpoint, contact our California DUI Attorney as soon as possible as you could be facing lengthy license suspensions and even potential jail time.

Friday:

Chino: 8pm-early morning - undisclosed location

Hemet: 8pm-2am - undisclosed location

Lake Elsinore: evening - undisclosed location

Lemon Grove: 7pm-2am - 6900 block of Broadway

Lompoc: 6pm-early morning - undisclosed location

Studio City: 8pm-2am - Ventura Blvd. between Eureka Dr & Fruitland Drive

Modesto: 9pm-2am - undisclosed locations

Oakland: 6pm-2am - undisclosed location

Sacramento: 7:30pm-early morning - Amherst St. & Meadowview Rd.

San Marcos: 7pm-3am - undisclosed location

Santa Maria: 6pm-1am - undisclosed location

Saturday:

Lodi: 6:30pm-2:30am - undisclosed location

Modesto: 10pm-3am - city wide roving DUI saturation patrol

Perris: 6pm-2am - undisclosed location

Santa Barbara: 9:15pm-3:15am - undisclosed location 

Continue reading "California DUI Checkpoints 8-5 to 8-7" »

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August 03, 2011
  The High Societal Costs of California DUI
Posted By Thomas V. Wallin

California DUI Anyone who has been arrested for driving under the influence in California is aware of the costs associated with drinking and driving, including court-imposed fines and attorney's fees. Yet, many fail to acknowledge the impact of California DUI on society as a whole.

Therefore, we ask drivers to consider the following National Highway Traffic Safety Administration statistics before driving impaired:

  • Alcohol-related crashes in the United States cost society more than
  • $110 billion in 1998, including more than $40 billion in monetary costs and nearly $70 billion in quality of life losses. Quality of life refers to the dollar value of the pain, suffering, and lost quality of life that victims and their families experience due to a death or an injury.
  • Alcohol-related crashes are deadlier and more serious than other crashes. Persons, other than the drinking driver, paid $51 billion of the costs for alcohol-related crashes (1998).
  • In 1998, the cost of a single alcohol-related fatality in the United States was $3.2 million and the estimated cost per injured survivor of an alcohol-related crash averaged $79,000.
  • Alcohol-related crashes accounted for an estimated 16 percent of the $127 billion in U.S. auto insurance payments. Reducing alcohol-related crashes by 10 percent would save $3 billion in claims payments and loss adjustment expenses (1998).

If you have been arrested for driving under the influence in California, you will need an experienced DUI defense attorney. Contact us today to find out how we can assist you to get the best possible outcome in your case.

Continue reading "The High Societal Costs of California DUI" »

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August 01, 2011
  Are Hispanics at Greater Risk for a California DUI?
Posted By Thomas V. Wallin

California DUI Hispanics in the United States, especially newly arrived immigrants, who may be unfamiliar with U.S. traffic safety laws, are a greater risk for driving under the influence, according to the National Highway Traffic Safety Administration (NHTSA).

To further illustrate this point, consider the following statistics gathered by the NHTSA:

  • A recent study that compares non-Hispanic white drivers with Hispanic drivers in Colorado found that Hispanics had a higher rate of alcohol involvement with a correspondingly higher crash fatality rate.
  • U.S.-born Hispanics are approximately three times more likely to drink and drive than Hispanics born in other countries but who live in the United States.
  • Mexican Americans have the second highest alcohol-related fatality rate (after Native Americans) among all four types of road users: drivers, passengers, pedestrians, and cyclists.
  • From 1990 to 1994, there were 91,248 alcohol-related traffic fatalities in the United States.  Of those fatalities, 11,576 were Hispanics.

In addition, a recent national survey about driving while under the influence of alcohol revealed the following about Hispanic drivers and alcohol use:

  • Hispanic men were found to have the highest rate of ever having been arrested for driving under the influence of alcohol (DUI).
  • One-fifth of Hispanic males who drove a car during the 12 months before the survey reported being drunk enough to be in trouble if stopped by police.
  • Hispanics believed that the number of drinks needed to affect driving was generally higher (four to eight drinks) than what whites and blacks believed.

If you are a Hispanic driver and have been arrested for driving under the influence in California, it is imperative to consult with an experienced California DUI defense attorney who can help you successfully navigate the criminal justice system.

Continue reading "Are Hispanics at Greater Risk for a California DUI?" »

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August 01, 2011
  Al Pacino's Daughter Arrested for DUI
Posted By Thomas V. Wallin

Al Pacino's daughter has been arrested on suspicion of driving under the influence after she went through a DUI sobriety checkpoint.

According to the Newser, Julie Pacino was driving with an unidentified male companion in Manhattan when she went through a police checkpoint. Officers noticed signs of intoxication, such as watery and bloodshot eyes, slurred speech and the scent of alcohol, and proceeded to investigate.   The 21-year-old admitted to drinking a few beers and smoking pot hours before and has been arrested; Pacino's license has been suspended and she could be facing several charges including driving under the influence.

Contact our California DUI Defense Lawyers as soon as you have been arrested for a DUI.   Our attorneys have the experience and knowledge to assist you, especially if you have been arrested during a DUI checkpoint

Continue reading "Al Pacino's Daughter Arrested for DUI" »

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