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Recent Blog Posts in June 2011

June 30, 2011
  Can You Erase a California DUI?
Posted By Thomas V. Wallin

California DUI expungement A criminal record can have drastic consequences on many aspects of daily life, particularly now that employers routinely conduct background checks. Fortunately, for some California DUI offenders, it is possible to essentially "seal" a prior criminal record through the process of expungement .

Under the laws in California, DUI offender may apply for such relief so long as (1) the DUI offender has fulfilled all the conditions of probation or has been discharged before the termination of probation, or (2) if the court in its discretion determines that the probationer should be granted this type of relief.

It is important to note that, although you are considered to have a "clean record" for most purposes after your record is expunged, your prior DUI conviction will still be counted if you are subsequently arrested for driving under the influence.

In addition, there are some cases in which a California DUI offender cannot have his or her DUI conviction expunged, including:  

  1. The California DUI offender is still serving a sentence for a criminal offense or is still on formal or informal probation for any offense, or is charged with the commission of any offense 
  2. Probation for the current application was revoked and not reinstated
  3. The California DUI offender was arrested and convicted of a new crime within 1 year of the former judgment
  4. There is an outstanding warrant for the arrest of the CA DUI offender
  5. The DUI offender failed to appear or pay fees/fines to the Department of Motor Vehicles
  6. The record of the conviction continues to exist and continues to have certain effects
  7. The conviction is for an infraction (a criminal offense for which a jail sentence may not be imposed) or for a violation of California's VC Sections 2800, 2801, or 2803.

If you would like to expunge your California DUI conviction, it is important to speak with an experienced California DUI defense attorney.

Continue reading "Can You Erase a California DUI?" »

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June 30, 2011
  Man Arrested for DUI After High Speed Chase
Posted By Thomas V. Wallin

A high speed chase ended in Desert Hot Springs with a man being arrested for driving under the influence shortly after 5:30pm.

According to KPSP Local 2, officers attempted to pull over a Chevy Camaro in connection with a high and run accident in Cabazon when the vehicle took off, leading officers on a chase down the I-10.   The Camaro headed east on the freeway and got onto State Route 62; his vehicle reached speeds of up to 100 mph before getting a flat tire and finally coming to a stop.   Officers arrested the driver without incident and are investigating whether the vehicle was stolen.

Contact our California DUI Attorneys as soon as possible if you have been arrested for drunk driving.   You have only 10 days to contact the DMV to request a hearing; let our attorneys request it for you so that you don't have to. 

Continue reading "Man Arrested for DUI After High Speed Chase" »

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June 29, 2011
  Tips On How To Avoid A DUI for the 4th of July Weekend
Posted By Thomas V. Wallin

Our California DUI Defense Law Firm has put out the following press release proving tips on how to have a safe and DUI-free Fourth of July Weekend. If you are arrested during this holiday weekend or at any point in time, contact our CA DUI Lawyers as soon as possible.

Tips on Avoiding a Drunk Driving Charge 

While we often celebrate the Fourth of July holiday with fireworks, food, and friends, it is really about celebrating our country's independence. Yet, every year, hundreds of drivers put their freedom at risk by choosing to drink and drive. In fact, the Fourth of July weekend is the deadliest holiday for alcohol-related crashes.

To keep our roads safe, California law enforcement will be stepping up their efforts to arrest impaired drivers. You can expect that police will be conductingsobriety checkpoints, saturation patrols, and other enforcement activities on roadways throughout Orange County.

Take it from an experienced Orange County DUI attorney: a drunk driving arrest is simply not worth the risk. As attorney Thomas Wallin explains, "While you may not realize just how dangerous it is to drink and drive, the emotional distress and financial costs of a crash or an Orange County DUI arrest can still be significant. DUI offenders will face jail time, the suspension of their driver's license, higher insurance rates, and dozens of other unanticipated expenses."

Before you head out to celebrate this holiday weekend, please read the following tips for avoiding an Orange County DUI:

  •     Call a taxi or designate a sober driver. It's that simple. If everyone followed this advice, we wouldn't need to provide the additional tips.
  •     Be informed. You can find information about California DUI checkpoints on Facebook or, for specific information for Orange County, the Orange County DUI Checkpoints website.
  •     Stay calm. Clearly, this is easier said than done. An Orange County DUI checkpoint or DUI stop is nerve-wracking. To avoid the appearance of fumbling for your license and registration, it is important to make sure they are easily accessible.
  •     Be polite. Roll the window down and place your hands on the wheel until the officer gets to your window. Wait until asked to reach for your documents.
  •     Don't volunteer information. Resist the urge to talk your way out an arrest. This almost always does more harm than good. 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 speak with an attorney before answering any further questions.
  •     Say no to field sobriety tests. If the police officer asks you to step out of the vehicle, you must comply. However, you do not have to perform any field sobriety tests such as walking on a line or touching your nose with both hands. If you think the tests may give the officer any reason to suspect you are impaired, politely decline to perform them.
  •     Delay the breath test. You should also refuse the Preliminary Alcohol Screening (PAS) Test. The PAS test is similar to a breathalyzer and is used in the field prior to arrest. Unless you are under 21, there is no penalty for refusing the PAS Test. This is not to be confused with a chemical breath test or blood test, which is administered after arrest and is required by law.
  •     If you're arrested, submit to a breath test. At the police station, you will again be asked to submit to chemical testing. Under California's implied consent law, you must submit to a breath or blood test. Failure to do so after you are arrested for an Orange County DUI will result in harsher penalties such as jail time and loss of your driver's license for up to one year or more.

Finally, if you find yourself arrested for an Orange County DUI this Fourth of July weekend, it is imperative to contact an experienced Orange County DUI defense attorney as soon as possible. The Law Offices of Thomas Wallin are devoted to defending motorists who have been charged with an Orange County DUI, but don't say they didn't warn you.

About Thomas Wallin: Thomas Wallin is a respected authority on DUI laws in California and author of the California DUI Guide. For over a decade, he has provided aggressive and professional representation to those accused of DUI in California. Mr. Wallin has knowledge and experience in all aspects of a California DUI case, including sobriety checkpoints. Information about Orange County DUI checkpoints can be found on his website, OC DUI Checkpoints.

 

Continue reading "Tips On How To Avoid A DUI for the 4th of July Weekend" »

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June 29, 2011
  22 Year Old Sentenced to 12 Years in Prison for Fatal DUI
Posted By Thomas V. Wallin

A young Fallon man is facing up to 12 years in prison for causing a fatal driving under the influence accident that took the life of a 19 year old woman.

According to the Lahontan Valley News, on the night of November 8, 2010, two lives were forever changed.   Justin Speed, 22, was driving a 2007 Chevrolet Silverado truck westbound on Highway 50 when he veered into oncoming traffic and collided with a 1986 Volvo station wagon driven by Samantha Sibis, 19, killing her instantly.   Speed was returning from his own brother's funeral when he caused the fatal DUI-accident.

Our law firm sends it sincere condolences to the friends and family members of Sibis.  If you have been involved in a driving under the influence accident, contact our California DUI Defense Lawyers today. 

Continue reading "22 Year Old Sentenced to 12 Years in Prison for Fatal DUI" »

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June 29, 2011
  Driver and Bicyclist Both Intoxicated in California DUI Accident
Posted By Thomas V. Wallin

California DUI In a rare California DUI accident, a drunken pickup truck driver collided with a drunken bicyclist near Redwood City. This odd story highlights the dangers of both driving and biking while under the influence.

"In my five-and-a-half years on this job, I have not seen this situation before," California Highway Patrol Officer Amelia Jack said.

"Not that it doesn't happen, but I've never had (a case where both drivers are drunk), especially with one being a bicyclist and one being a car."

As reported by the San Francisco Chronicle, Jose Luna, 40, of Redwood City was turning at an intersection when he struck bicyclist Alejandro Chavez, 31, of Redwood City, at about 11 p.m. on June 18.

Chavez, who had been riding against traffic, was wearing dark clothing and did not have a helmet or the required lights. He was thrown from his bicycle during the accident and suffered serious injuries, including a broken back and leg, the CHP said. He was also cited for bicycling under the influence of alcohol.

According to the CHP, Luna failed a California field sobriety test, and blood work from the hospital showed Chavez's BAC was over the legal limit.

Luna was subsequently charged with California DUI in San Mateo County Superior Court. Because court documents show he has a prior DUI conviction, he will likely face increased fines and penalties.

If you or someone you know has been arrested for driving under the influence in California, it is imperative to consult with an experienced California DUI attorney.

Continue reading "Driver and Bicyclist Both Intoxicated in California DUI Accident" »

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June 28, 2011
  Northern California Woman Arrested for Driving Under the Influence
Posted By Thomas V. Wallin

A 25-year-old Rodeo resident has been arrested for driving under the influence after she caused an accident on Highway 1 over the weekend.

According to the Pacifica Patch, Claudia Interiano was her vehicle on Pacific Coast Highway around 1am when she struck a guard rail, spun around and ended up facing oncoming traffic on the shoulder of the highway. Once officers arrived at the scene of the solo vehicle crash, they found Interiano inside of the vehicle that still had its engine running.   Interiano was arrested for a DUI and taken to the Redwood City county jail.

If you have been recently arrested for driving under the influence or have caused a DUI-related accident, contact our California DUI Defense Lawyers today; we have the experience and knowledge to handle any type of California DUI and will provide you with the legal advice that you will need to make an informed decision. 

Continue reading "Northern California Woman Arrested for Driving Under the Influence" »

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June 24, 2011
  6/24 DUI Sobriety Checkpoints in California
Posted By Thomas V. Wallin

Plan on going out this weekend and maybe drinking with friends? If so, we recommend that you have a designated person who will not be drinking so that everyone can get safely home.  Multiple DUI checkpoints will be popping up starting today, Friday June 24 th and going all the way through Sunday.   These DUI checkpoints, whether they have been previously announced or not, are designed to protect the public and check to make sure motorists are not driving under the influence.  

If you are arrested during a DUI sobriety checkpoint, contact our California DUI Defense Lawyers as soon as possible. You have only 10 days following your arrest to contact the DMV; hire our CA DUI Attorneys and we will request and conduct the DMV and criminal court hearing.

Friday:

Coachella: 7pm-1:30 - undisclosed location

Tustin: 6pm-2am - undisclosed location

Loma Linda: 6pm-2am - Redlands Blvd.

Los Angeles: 8pm-3am - Florence Ave. & Broadway

Los Angeles: 8pm-2am - Figueroa St., between 8th and 9 th St.

Rancho Mirage: 8pm-2am - undisclosed location

Santa Clarita: 6pm-2am - undisclosed location

Santa Rosa: 7pm-1am - undisclosed location

Whittier: 7pm-3am - Florence Ave. & Ringwood Ave.

Vallejo: 6pm-11am - undisclosed location

Saturday:

Palm Desert: 8pm-2am - undisclosed location

Continue reading "6/24 DUI Sobriety Checkpoints in California" »

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June 23, 2011
  OC DUI Checkpoint Leads to Only 1 DUI Arrest
Posted By Thomas V. Wallin

A recent DUI Checkpoint in Orange County resulted in only one driving under the influence even after over 700 vehicles were screened.

According to the OC Register, over 1000 vehicles passed through the Bristol St. and Randolph Ave. DUI sobriety checkpoint late Wednesday evening but only one individual was actually arrested for a DUI. These checkpoints are designed to protect the public from drunk drivers however; it seems as if they are just a way to spend tax payer as well as state and federal agencies money.  

Out of the 713 vehicles screened, 10 were towed, 30 driver's licenses were investigated, two warrants were served and 18 individuals were given citations.  Once passenger decided to throw out a can of beer before approaching the DUI checkpoint; officers cited the driver for allowing an open container in the vehicle while the passenger was arrested for an outstanding DUI warrant.

Contact our California DUI Attorneys today if you have been arrested for driving under the influence during a DUI sobriety checkpoint.   These checkpoints must follow specific DUI checkpoint guidelines and if those guidelines are violated, then you may receive a more favorable outcome in your specific case. 

Continue reading "OC DUI Checkpoint Leads to Only 1 DUI Arrest" »

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June 23, 2011
  Prosecutors Claim Man Covered for Friend in Deadly California DUI Accident
Posted By Thomas V. Wallin

California DUI Prosecutors have filed criminal charges against an Irvine man who they say covered up for a friend in the crucial moments after a deadly California DUI accident, the OC Register reports.

Jaime Servin, 38, was charged this week with a felony count of being an accessory after the fact and a misdemeanor count of resisting and obstructing a peace officer. Because he has a prior strike conviction on his record for a 1992 robbery, he could face up to six years in state prison if convicted on the charges filed this week.

Servin has not entered a plea and could not be reached for comment. He turned himself in to the La Palma Police Department late Thursday and was released on $100,000 bail.

Although it may be tempting for a sober passenger to cover up for a friend who may have been driving under the influence, this is never a good idea, and it usually ends up in serious penalties for both parties.

If you are charged with California DUI, it is imperative to consult with an experienced California DUI defense attorney who can help you determine your legal options.

 

Continue reading "Prosecutors Claim Man Covered for Friend in Deadly California DUI Accident" »

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June 22, 2011
  15 Year Old Arrested for Felony DUI
Posted By Thomas V. Wallin

A San Jose teenager has been arrested for a felony DUI after causing a one-vehicle accident mid Friday afternoon.

According to Mercury News, the 15-year-old was driving a 2004 Lexus RX330 on State Road 156 when he drove onto the shoulder and hit a fence.   The teenager, whose name is not being released because he is a minor, was not injured; however, 49-year-old Steven Gonzales, the teen's passenger and owner of an unnamed marijuana dispensary in San Jose, broke both of his legs as a result of the accident.  

Gonzales was taken to the hospital where he was later arrested for illegally possessing a controlled substance and drug paraphernalia at the time of the crash as well as being under the influence of drugs. The teen was arrested for felony DUI and was taken to juvenile hall.

Our California DUI Attorneys understand how frustrating it can be to be arrested for driving under the influence in California. Contact us today to find out how we can help you get the best possible result for your DUI case. 

Continue reading "15 Year Old Arrested for Felony DUI" »

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June 21, 2011
  California Woman Caused Fatal Crash, Arrested for DUI
Posted By Thomas V. Wallin

A 25-year-old East Palo Alto was arrested for driving under the influence that caused a fatal accident.

According to Mercury News, Leylani Simmons was driving a Jeep Cherokee erratically when she crashed her vehicle, killing 22-year-old Lorina L. Veamatahau.   Simmons records showed that she had a previous DUI conviction. Simmons, who was injured during the accident and taken to the Stanford Hospital, was arrested late Monday night for homicide and driving under the influence of alcohol resulting in great bodily injury or death. On top of this, Simmons was also with a no-bail warrant for reckless driving, defrauding an innkeeper and a $5,000 warrant for driving with a suspended license.

Contact our California DUI Defense Lawyers today if you find yourself arrested for driving under the influence

Continue reading "California Woman Caused Fatal Crash, Arrested for DUI" »

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June 21, 2011
  Three Teens Hurt in California DUI Accident
Posted By Thomas V. Wallin

California DUIOver the past several weeks, we have highlighted numerous efforts by California schools and law enforcement to educate teens about the dangers of driving under the influence. Unfortunately, teens continue to ignore the dangers. As detailed below, three Napa teens were injured last week when a one of them got behind the wheel after drinking.

According to Bay City News, three teen boys were injured when their pickup collided with two trees on Dry Creek Road outside Napa city around 4:40 a.m. The California Highway Patrol reports that all three teens were taken to Queen of the Valley Medical Center in Napa. A 17-year-old passenger suffered major injuries and was listed in critical condition, CHP Officer A. Paulson said.

Meanwhile, the 17-year-old driver of the 1990 Toyota pickup suffered minor injuries and was arrested on suspicion of California DUI.

The driver allowed the truck to drift east and off the road, the CHP said. The truck then sideswiped a metal fence post, collided with one tree then stuck a second tree head-on.

As we have mentioned on this blog, an underage DUI arrest can significantly impact a teen's future. If your child is charged with California underage DUI, it is imperative to consult with an experienced California DUI defense attorney.

Continue reading "Three Teens Hurt in California DUI Accident" »

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June 20, 2011
  Idaho Senator Arrested for DUI
Posted By Thomas V. Wallin

An Idaho state senator has been arrested for driving under the influence and grand theft early Sunday morning.

According to the Huffington Post, the four-term Republican John McGee was leaving a Boise golf course at around 3am when he climbed into a Ford Excursion with a 20-foot travel trailer that was attached.   The Excursion's keys were in the vehicle so McGee drove off but came to a stop when he tried to make a turn and the Excursion and travel trailer ended up jack-knifed in the driveway.    McGee was arrested for a DUI with a .15 blood alcohol level.

Contact our California DUI Defense Lawyers if you have been arrested for a California DUI. Our CA DUI Attorneys have the experience and knowledge to provide you with the best possible representation. 

Continue reading "Idaho Senator Arrested for DUI" »

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June 20, 2011
  Fatal Accident Results in DUI Arrest of 21 Year Old
Posted By Thomas V. Wallin

A 21-year-old Chico will be facing felony DUI chargers after a serious accident near San Luis Obispo.

According the KRCRTV, Evan A. Green was driving a 2004 Saturn when he lost control of his vehicle.   When Green tried to over correct, the vehicle flipped several times and went through a fence and onto a golf course.   Two 21-year-olds, Aaron Michael Beaver of Eureka and Marcus Alex Nelson of Castro Valley both were killed due to the accident.   Green and another one of his passengers, Jacob Zimmer, survived with major injuries. Green taken to the Sierra Vista Medical Center and was then arrested after causing the DUI-related accident.  

Our DUI law firm sends its sincere condolences to the friends and family members of those who died.  Contact our California DUI Attorneys if you have been arrested for any type of driving under the influence case today. 

Continue reading "Fatal Accident Results in DUI Arrest of 21 Year Old" »

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June 17, 2011
  Weekend DUI Checkpoints 6-17 to 6/19
Posted By Thomas V. Wallin

If you plan on going out this weekend, please be aware of multiple DUI Checkpoints that will be held in several cities throughout California. If you find yourself arrested during a DUI checkpoint, contact our California DUI Defense Attorney as soon as possible.

Friday:

Los Angeles: 8pm-2am - La Brea Ave. between Coliseum St. & Rodeo Rd.

Modesto: 9:30pm-3:30am - undisclosed location

Roseville: 8pm-2:30am - undisclosed location

San Bernardino: 6pm-2am - Kendal Dr. & 40 th St.

Wasco: 6pm-12am - undisclosed location

Saturday:

Coachella Valley: 5pm-1am -Mecca, Oasis, Thermal and Vista Santa Rosa

Folsom: 7pm-3am - Folsom Blvd. between Parkshore Dr. & Blue Ravine Rd.

Hemet: 8pm-2am - undisclosed location

Los Angles: 8pm-2am - Ventura Blvd. & Columbus

Modesto: 9:30pm - 3:30am - undisclosed location

Perris: 6pm-2am - undisclosed location

Sacramento: 8:30pm-evening - Del Paso Rd & Five Star Way

San Jacinto: 6pm-2am - undisclosed location

Continue reading "Weekend DUI Checkpoints 6-17 to 6/19" »

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June 17, 2011
  Firefighter Dies During Accident, Woman Arrested for DUI
Posted By Thomas V. Wallin

A 24-year-old woman caused a fatal DUI-related accident that took the life of an off duty Los Banos Firefighter.

According to Firefighting News, Amie Chick was driving a 2012 Jeep when she made a left hand turn in front of Andrew Maloney, 29, who was driving a 2011 Suzuki motorcycle on Highway 165.   Unfortunately, Maloney was not able to avoid the accident that occurred just after 9pm.   Upon further investigation, officers arrested Chick, who did not suffer any injuries, for driving under the influence of alcohol and marijuana.    Our law firm sends its sincere condolences to the friends and family members of Maloney.

If you have been recently arrested for driving under the influence, contact our California DUI Defense Lawyers today to find out more information on what you could be facing as a DUI offender.

Continue reading "Firefighter Dies During Accident, Woman Arrested for DUI" »

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June 16, 2011
  Woman Arrested for DUI After Hitting 100 Bicyclists
Posted By Thomas V. Wallin

A Los Angeles woman has been arrested for driving under the influence after she caused a serious DUI-related accident that involved over 100 bicyclists.

According to the Los Angeles CBS Local,   the 27-year-old woman was driving a white Honda Civic on West Jefferson Place and Rodeo Road around 1:49am when she crashed into a group of over 100 bicyclists who were taking up part of the road. About 9 bicyclists, who are part of a late night bike ride, out of the 100 were treated for their injuries while one man is said to be in critical condition.   Witnesses stated the woman was driving around 60 mph when she hit the group of cyclists. The woman, whose name has not been released, has been arrested for a driving under the influence.

Contact our California DUI Defense Lawyers today if you are arrested for a DUI or after causing a DUI-related accident

Continue reading "Woman Arrested for DUI After Hitting 100 Bicyclists" »

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June 16, 2011
  Local Mom Charged with California DUI After Crashing Four Times
Posted By Thomas V. Wallin

California dui A California woman was driving under the influence with her children in the car when she proceeded to crash into a shed, a parked car, a street's lane divider and a couple of street signs, police allege.

Whitney Cotta, 24, was arrested on June 2 after her SUV became disabled during an unsuccessful left turn from Mohawk Street to California Avenue in Bakersfield, according to law enforcement officials.

Cotta's multiple crashes began just a few blocks away at a Sheraton Four Points hotel, BakersfieldNow.com reports. Hotel employees reportedly tried to detain her after she hit a shed in the parking lot, but she kept driving over the grass to exit the property. She also rear-ended a stopped car and a lane divider before the vehicle finally became inoperable.

Cotta was arrested on suspicion of driving under the influence, child endangerment, and hit-and-run.

If convicted of California DUI, the woman will likely face greater penalties because her children were in the vehicle.

While there is a minimum sentence for each California DUI offense, a judge can increase the recommended sentence for any "enhancements" that may apply to the case.

Some examples of enhancements that could affect the severity of your California DUI penalties are:

  • Speeding at the time of arrest
  • Driving under the influence with children in the car
  • Being involved in an accident while under the influence
  • Driving on a suspended license

If you or someone you know is arrested following a California DUI-related accident, it is imperative to consult with an experienced DUI attorney. Contact our California DUI attorneys today. 

Continue reading "Local Mom Charged with California DUI After Crashing Four Times" »

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June 15, 2011
  DUI Arrest After High Speed Chase
Posted By Thomas V. Wallin

A high speed chase in Glen County has resulted in a Willows man being arrested for driving under the influence.

According to Willows Journal, Scott E. Hanson was driving a white GMC Sierra when he himself called police and told them that he had taken several pills, was driving around and didn't want to be found.  Once officers located the GMC Sierra, they attempted to pull over Hanson' instead, Hanson refused to pull over and led officers on a 15 mile high speed chase.   Hanson reached speeds of up to 70 mph and even drove off the side of the road to get around vehicles.   Hanson finally pulled over and he was arrested for driving under the influence and fleeing police and is being evaluated by the Glenn Medical Center.

If you have been arrested for driving under the influence, contact our California DUI Attorneys as soon as possible as you have only 10 days to contact the DMV to request a hearing on the automatic suspension of your license. 

Continue reading "DUI Arrest After High Speed Chase" »

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June 14, 2011
  Woman Causes DUI-Related Accident on I-5
Posted By Thomas V. Wallin

A 39-year-old Colusa woman causes a serious accident and was arrested for driving under the influence early Monday morning.

According to the Orland Press Register, Jude Tenbear was driving north on the I-5 around 2:15am at around 100 mph when she rear ended a 1991 Toyota with her 2006 Pontiac.   The force caused the Toyota to continue down the road uncontrollably before it flipped over. Tenbear's vehicle also followed the Toyota and burst into flames moments after Tenbear escaped the vehicle.   Three San Francisco residents have been hospitalized with serious injuries while Tenbear was treated with minor injuries.   Officers arrested the Colusa woman for driving under the influence and booked her at the local jail with an $80,000 bail.

Have you recently been in a DUI-related accident? If so, contact our California DUI Attorneys today for more information on how we can get you the best possible representation. 

Continue reading "Woman Causes DUI-Related Accident on I-5" »

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June 14, 2011
  Sacramento Correctional Officer Arrested for DUI
Posted By Thomas V. Wallin

A Sacramento correctional officer has been arrested for driving under the influence after he hit multiple parked cars at a local supermarket parking lot.

According to News 10, David Perrault, 43, was driving a blue Mustang out of a parking lot when witnesses said he hit several cars before his own car wouldn't continue driving.   A grocery store worker witnessed Perrault exit his vehicle holding a bottle of peppermint schnapps in his hand, wrapped in a t-shit; Perrault tried to leave the scene of the accident but the grocery store worker and another man detained him. Once officers arrived, Perrault was arrested for driving under the influence and booked at a local jail but was later set free on bail.

Our California DUI Defense Attorneys understand how frustrating it can be to be involved in a DUI-related accident; contact us today to find out how we can help you. 

Continue reading "Sacramento Correctional Officer Arrested for DUI" »

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June 14, 2011
  Graduation Season Means More California DUI Arrests
Posted By Thomas V. Wallin

California underage duiOver the next few weeks, teens all over California will be graduating from high school.  While this is clearly a reason to celebrate, teens are reminded to do so responsibly.

California law enforcement officers know teens will be celebrating their new found freedom and will be looking to make California underage DUI arrests by stepping up enforcement activities such as saturation patrols and DUI checkpoints.

For teens, it is important to understand that it is illegal to drive with any detectable amount of alcohol in your system.

For those who are under the age of 21, below are some of the California DUI penalties you may receive under California's Zero Tolerance law:

  • Mandatory one-year suspension of driver's license.
  • Proof of financial responsibility for three years (SR-22).
  • A fine of $380 and two points on their driving record.
  • $100 fee for re-issuance of driver's license.
  • Impounding of vehicle for up to 30 days.

For parents, this is a great time to set a good example by not drinking and driving. It is also important to remind your children about the consequences of a California DUI.  Most of all, encourage them to call you rather than risking a California DUI or getting in the car with someone who may be intoxicated.

Unfortunately, not all teens heed the warnings about the dangers of drinking and driving. If your child is arrested for underage DUI in California, the consequences can be devastating. Therefore, it is imperative to consult with an experienced California DUI defense attorney.

Continue reading "Graduation Season Means More California DUI Arrests" »

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June 13, 2011
  Car Gets Stuck, Driver Arrested for DUI
Posted By Thomas V. Wallin

A Lake Elsinore man has been arrested for driving under the influence after he caused a single vehicle collision early Sunday morning.

According to My Valley News, 21-year-old Saul Pena Preciado was driving on Lakeshore Drive when he attempted to turn right onto another street but lost control.   Preciado’s white Ford 150 truck hit the center divider, damaged a roadway sign and continued across the westbound lanes before coming to a stop on the sidewalk, between a retaining wall and a utility pole.  Preciado was taken to the Inland Valley Medical center for treatment of minor injuries before he was arrested and booked for driving under the influence.

Contact our California DUI Defense Attorneys today if you have been involved in a DUI-related accident; our attorneys have the experience and knowledge to handle any type of DUI case.

Continue reading "Car Gets Stuck, Driver Arrested for DUI" »

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June 13, 2011
  Man Saved From Jumping Off Bridge, Arrested for DUI
Posted By Thomas V. Wallin

A 40 year old man, who was previously driving under the influence, was successfully detained after he threatened to jump from the Bay Bridge in San Francisco Saturday afternoon.

According to the California Beat, the man drove onto the bridge, got out of his vehicle and climbed onto the ledge of the bridge at around 2:45pm.   California Highway Patrol closed several lanes on both the upper and lower deck of the Bay Bridge as a precaution and the United States Coast Guard dispatched a boat to wait at the underside of the bridge just in case.

Officers and negotiators were able to convince the man to not jump at around 4:30pm and he was taken to the local hospital for medical evaluation. The man then was arrested after officers discovered he had been driving under the influence prior to attempting to jump from the bridge.

If you have been arrested for driving under the influence, contact our California DUI Defense Attorneys today so that we can get started on giving you the best possible representation. 

Continue reading "Man Saved From Jumping Off Bridge, Arrested for DUI" »

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June 10, 2011
  6/10 Weekend DUI Checkpoints in California
Posted By Thomas V. Wallin

This weekend, arresting officers will be conducting multiple DUI checkpoints throughout California, some of which have been previously announced. During these DUI sobriety checkpoints, officers look for signs of intoxication such as blurred or watery eyes, slurred speech or even the scent of alcohol.   Once officers do notice these signs, they will ask the motorist to perform a DUI field sobriety test as well as a breathalyzer test.   

These DUI checkpoints are designed to protect the public from motorist who are driving under the influence.   If you have been arrested during a DUI sobriety checkpoint, contact our California DUI Attorneys as soon as possible.

Follow us on Twitter or  Facebook to find out where the next DUI checkpoint will be or check out OC DUI Checkpoints for scheduled locations in Orange County.

Friday

Los Angeles: 8pm-2am – Santa Monica Blvd. between Purdue Ave. & Sawtelle Ave.

Ventura: 8pm-3am – undisclosed location

Saturday

Fontana: 6pm-1:30am – undisclosed location

Monday

Costa Mesa – 6pm-12am – undisclosed location

Continue reading "6/10 Weekend DUI Checkpoints in California" »

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June 10, 2011
  Canadian Actress Charged with Battery of an Officer and DUI
Posted By Thomas V. Wallin

Actress Estella Warren was formally charged with four misdemeanors, one of which included driving under the influence, for an arrest that occurred last month.

According to Pop Eater, an officer saw the 32-year-old actress and top Canadian synchronized swimmer slam her Toyota Prius into three parked cars and drive away.   Officers then pulled Warren over but she proceeded to resist arrest and kicked an officer.   The actress was taken to the local police station where she freed herself from handcuffs and tried to run.   Warren could be facing up to 6 months in jail for her four misdemeanors.  

Our California DUI Lawyers have the experience and knowledge to handle all types of California DUI cases; contact us today to find out how we can help you!

Continue reading "Canadian Actress Charged with Battery of an Officer and DUI" »

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June 10, 2011
  Woman Arrested for DUI After Speeding
Posted By Thomas V. Wallin

A Woodland woman has been arrested for driving under the influence late Wednesday night after she was caught for speeding.

According to the Daily Democrat, Irma L. Lopez, 29, was driving a 1999 Plymouth van northbound on CR-22 when officers began to follow her as she was speeding.   Upon coming up to a red light, Lopez slowed abruptly and stopped halfway into the intersection.   Once officers pulled over Lopez, they noticed signs of intoxication and proceeded to investigate whether she was driving under the influence of alcohol; Lopez was then arrested for a California DUI.

If you were arrested for driving under the influence, contact our California DUI Defense Attorneys today. We have the experience and knowledge to handle any type of driving under the influence case. 

Continue reading "Woman Arrested for DUI After Speeding" »

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June 09, 2011
  Former County Supervisor Arrested for DUI
Posted By Thomas V. Wallin

A former Kern County supervisor has been arrested on suspicion of driving under the influence after he failed to perform DUI field sobriety tests.

According to Bakersfield.com, Pete Parra was driving on Highway 178 near Haley St. when he was pulled over around 10pm.   Officers noticed signs of intoxication and Parra informed them he had a couple of beers at around 2pm, went back to work and then continued to another restaurant for more beers.   After the failed DUI sobriety tests and a blood alcohol content that showed .09%, Parra was arrested and booked at the local jail.

If you were arrested for driving under the influence, contact our California DUI Defense Lawyers today. We understand DUI laws, have practice DUI defense for over a decade and will ensure that you receive the best possible sentencing. 

Continue reading "Former County Supervisor Arrested for DUI" »

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June 09, 2011
  Man Arrested for DUI Ran Off Road and Got Stuck in Mud
Posted By Thomas V. Wallin

A 56-year-old Santa Rosa man was arrested on suspicion of a California DUI and drug possession Wednesday evening.

According to the Napa Valley Register, Terry Alan Gray was driving his Toyota Camry when he ran off the roadway near Lodi Lane on Highway 29; the car apparently hit a drain pipe and became stuck in the mud. Once officers arrived, they noticed Gray had signs of impairment and proceeded to have him perform a DUI field sobriety test.   Officers arrested Gray for felony possession of a controlled substance, driving under the influence of a controlled substance and driving while addicted to a drug.

Contact our California DUI Defense Attorneys have been practicing DUI defense for over a decade and can handle any type of driving under the influence case. Contact us today to find out how we can get you the best possible representation. 

Continue reading "Man Arrested for DUI Ran Off Road and Got Stuck in Mud" »

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June 09, 2011
  Some Santa Clara DUI Cases to Be Dismissed Due to Faulty Breathalyzer
Posted By Thomas V. Wallin

As we previously reported on this blog, the discovery of faulty breathalyzer devices has forced Santa Clara prosecutors to review hundreds of California drunk driving arrests made by San Jose and Palo Alto law enforcement. Now that prosecutors are midway through their review, they have provided an update of the number of cases that may be impacted.

At this point, Santa Clara County prosecutors have dropped charges in one case and found only a small percentage of others so far that may have to be dismissed or wiped off the driver's record because of a faulty breathalyzer, the Mercury News reports.

The special review of 858 files is continuing and could turn up more problematic cases than 42 -- or 5 percent -- identified so far. But attorneys with the county Public Defender's Office say they don't expect to see a big increase.

The 42 questionable cases identified so far involve drivers who refused to take a second sobriety test at the police station, leaving the now-suspect field-test result as the main evidence.

The one case that has been dismissed involved a college student. Prosecutors wound up dismissing the charges against the student because the final test taken at the station showed her blood-alcohol level was 0.05, well below the legal limit. Prosecutors had filed the case despite that because two field tests using the defective Alco-Sensor V showed readings of 0.08 and 0.09.

Unfortunately, breathalyzers are subject to a number of problems including accuracy, calibration, and maintenance.

Therefore, if you are arrested for suspicion of driving under the influence in California after undergoing chemical testing, it is important to contact an experienced California DUI attorney .

Continue reading "Some Santa Clara DUI Cases to Be Dismissed Due to Faulty Breathalyzer" »

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June 08, 2011
  Palmdale Man Arrested for DUI in Goleta
Posted By Thomas V. Wallin

A Palmdale resident was arrested for driving under the influence after officers used a taser on him.

According to KSBY, Gregory Murphy, 33, was pulled over in Goleta around 9pm on suspicion of drunk driving.  More officers were called to the scene as Murphy became uncooperative and began kicking the officers. In order to subdue Murphy, officers tasered him and took him into custody.   Murphy tested positive for blood alcohol content level that was above the legal limit and is currently being held at the Santa Barbara County Jail.

Contact our California DUI Attorneys today if you have been arrested for driving under the influence in California.    We will ensure that you receive the best possible representation and will conduct both the DMV and criminal court hearings on your behalf so that you don’t have to be present. 

Continue reading "Palmdale Man Arrested for DUI in Goleta" »

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June 08, 2011
  DUI on Prescription Drugs in California
Posted By Thomas V. Wallin

California DUI Many California drivers are unaware that driving under the influence charges do not always involve alcohol. As we recently highlighted on our blog, driving under the influence of drugs can be just as dangerous.

This post will summarize what you need to know about driving under the influence of drugs or DUID in California.

First, under California law, it is illegal to drive while intoxicated by any substance, whether it is alcohol, drugs, or both. California DUID cases involve drivers who are impaired by illegal drugs such as methamphetamine or cocaine as well as prescription drugs such as Vicodin or Ambien.

This means that you could be arrested for California DUID even if you are under the influence of a drug that was legally prescribed by your doctor. As you are likely aware, many of these drugs contain warnings about operating a motor vehicle.

Since a California DUID offense can result in many of the same penalties as a typical California DUI, including fines, license suspension, and possible jail time, it is imperative to consult with an experienced California DUI attorney.

Continue reading "DUI on Prescription Drugs in California" »

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June 07, 2011
  29 Year Old Woman Arrested for DUI, Drug Possession and Stealing a Vehicle
Posted By Thomas V. Wallin

An Arizona woman has been arrested on suspicion of driving under the influence after she stole a car in California.

According to ABC 15, Teresa Gregory, 29, of Prescott, Arizona, was stopped on Highway 69 for speeding. Upon further investigation, officers found she was driving without a license.   Gregory initially told officers the vehicle was hers and then changed the story, saying it belonged to a friend.   As Gregory’s passenger, 34-year-old Jason Benstead from California, was asked to step outside the vehicle, officers noticed a glass pipe on the seat and found three grams of meth underneath the passenger’s seat.

Gregory finally admitted to stealing the car in California and even stole a license plate from another vehicle to put on the stolen car.  Gregory was arrested on driving under the influence of drugs, theft of a vehicle, display of fictitious plates, possession of meth and drug paraphernalia and driving with a suspended license.   Benstead has also been arrested for theft of a vehicle and possession of meth; both Benstead and Gregory remain in custody.  

Contact our California DUI Defense Attorneys if you have been arrested for driving under the influence.   Our CA DUI Lawyers have been practicing DUI defense for over a decade and will represent you in both the DMV and criminal court hearings. 

Continue reading "29 Year Old Woman Arrested for DUI, Drug Possession and Stealing a Vehicle" »

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June 06, 2011
  CA Man Drives Off Highway, Arrested for DUI
Posted By Thomas V. Wallin

A Redwood City resident has been arrested on suspicion of driving under the influence after he ran his can off the road.

According to the Napa Valley Register, 57-year-ol Rolander Cruthird was driving his 1994 Plymouth Voyager northbound on Highway 29 around 11:40pm when he lost control of his car. Cruthird ran off Highway 29 near Robert Louis Stevenson State Park just north of Calistoga.   Once officers arrived at the scene, they arrested and booked Cruthird for a California DUI and for cannabis possession.

If you have been arrested on suspicion of drunk driving in Napa or any part of California, contact our California DUI Defense Attorneys as soon as possible. We have the experience and knowledge to handle any type of DUI offense, whether this is your first time or whether you are a multiple DUI offender. 

Continue reading "CA Man Drives Off Highway, Arrested for DUI" »

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June 03, 2011
  California DUI Checkpoints 6/3 - 6/5
Posted By Thomas V. Wallin

If you plan on going out this weekend, please drink responsibly and have a designated driver.  Multiple DUI Checkpoints will be occurring throughout California to ensure that motorists are not driving under the influence.

If you find yourself arrested during a CA DUI Checkpoint, contact our California DUI Defense Attorneys immediately. You have only 10 days to contact the DMV to request a hearing on the automatic suspension of your license and if you retain our attorneys, we will contact the DMV and conduct the hearing on your behalf.  

Friday

Lancaster: 6pm-2am – undisclosed location

Lompoc: 6pm-12am – undisclosed location

Riverside: 6pm-12am – undisclosed location

Saturday

Escondido: 6pm-12am – undisclosed location

Long Beach: 6pm-2am – South Patrol Division

Los Angeles: 6pm-1am – Southbound Western Ave, between 52nd St & Slauson Ave.

Modesto: evening – undisclosed location

Redondo Beach: 7:30pm – 2:30am – undisclosed location

Continue reading "California DUI Checkpoints 6/3 - 6/5" »

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June 03, 2011
  Our CA DUI Law Firm's New Law School Graduate!
Posted By Thomas V. Wallin

Our California DUI Defense Attorneys are sending their congratulations to Crystal who is graduating from Law School today!

Crystal has been with our firm for over 3 years and has been an important instrument in providing both the attorneys and clients with the information that they need.  Our law firm is happy to have helped Crystal learn the ropes of DUI defense and we are extremely proud of her accomplishments.

We wish Crystal the best in her future endeavors and look forward to seeing her become a successful attorney. 



Continue reading "Our CA DUI Law Firm's New Law School Graduate!" »

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June 03, 2011
  Senators Renew Fight Against DUI Checkpoint Applications
Posted By Thomas V. Wallin

California DUI checkpoint app The pressure on Google and Apple to remove DUI checkpoint applications (apps) is back in the news. As we previously reported on this blog, earlier this year, several members of Congress wrote a letter to Google, Apple, and research in Motion (Blackberry) asking the companies to remove DUI checkpoint apps from their smart phone stores. Only Research in Motion complied.

As reported by Ars Technica, Senator Tom Udall (D-NM) took his allotted five minutes during Thursday's US Senate hearing on mobile privacy to condemn Apple and Google for not removing DUI checkpoint apps from their respective stores.

"Isn't what these apps are doing is encouraging people to break the law?" Udall asked. Udall, along with Frank Lautenberg (D-NJ), Harry Reid (D-NV), Charles Schumer (D-NY), had called such apps "harmful to public safety."

Apple's Catherine Novelli has stated that there are differences of opinion on whether flagging the locations of checkpoints is inherently good or bad. Novelli pointed out that there are some apps that offer to call a local cab company for the user, for instance, which could be viewed as a net positive. "We are reviewing the situation and determining the best course of action in a thoughtful manner," she said.

Google's Davidson simply noted that apps that merely share information don't violate the Android Marketplace policy "at this time."

As we have continuously argued, DUI checkpoint applications serve as a powerful drunk driving deterrent. Publicizing the location of a California DUI checkpoint will often encourage a driver to designate a driver or call a cab rather than risk a DUI arrest.

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 attorney. Contact our California DUI attorneys today. 

Continue reading "Senators Renew Fight Against DUI Checkpoint Applications" »

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June 02, 2011
  Car “Surfing” and California DUI Are a Dangerous Combination
Posted By Thomas V. Wallin

California DUI As reported by Contra Costa Times, a 35-year-old man fell from a skateboard today while holding onto a vehicle being driven by 33-year-old man who was allegedly driving under the influence.

Edward Culhane had been riding on his skateboard while holding onto a vehicle-known as car surfing-being driven by Ryan Howell when he fell off, hitting his head on the ground, according to a statement from the Santa Clarita Station. He was taken to Henry Mayo Newhall Memorial Hospital for what were described as serious injuries.

Howell was arrested and booked for felony DUI under California law, the statement said. He is suspected of having been driving the vehicle while under the influence of alcohol or drugs.

Car surfing is becoming a deadly trend, particularly in California.

According to a CDC report between 1990 and 2008, 58 people died in car surfing accidents alone, while another 41 were injured.

Car surfing clearly becomes more dangerous when alcohol is involved, leading to a greater risk of injury for the skateboarder and a possible California DUI for the driver.

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 attorney. Contact our California DUI attorneys today. 

Continue reading "Car “Surfing” and California DUI Are a Dangerous Combination" »

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June 01, 2011
  What is a California DUI Checkpoint?
Posted By Thomas V. Wallin

California DUI checkpoints are designed to protect the public from those who have been driving under the influence. A typical California DUI sobriety checkpoint is announced prior to its commencement and usually occurs in areas that are known for frequent drunk drivers or are near popular areas that have many bars and can even include looking for motorists who are driving on a suspended licenseDuring a DUI checkpoint, officers look for signs of intoxication that include blurry or bloodshot eyes, slurred speech and even the scent of alcohol coming from the person or the car.   If officers notice any of these signs, they will ask the motorist to step out of the vehicle and perform a DUI field sobriety test as well as a breathalyzer test to determine whether the driver is in fact driving under the influence of alcohol and or drugs.   

Once a driver is determined to be under the influence, they will be then arrested and will face hefty fines and license suspensions.   Unfortunately, many drivers tend to react different to an officer telling them that they may be driving under the influence or even be offended that the officer is asking to see their license.  An article on North County Times is a good example of how a regular DUI checkpoint can go wrong, causing additional drama and potential hefty when it could all have been avoided.

If you have been arrested for driving under the influence in Vista or any surrounding city, contact our California DUI Defense Attorneys today. 

Continue reading "What is a California DUI Checkpoint?" »

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June 01, 2011
  Memorial Weekend Results in Multiple DUI Arrests
Posted By Thomas V. Wallin

Memorial Day weekend is a time that friends and family gather to have a good time, barbeque and have a couple of drinks. Because most arresting officials know this, they schedule and set up multiple DUI checkpoints throughout California to ensure the safety of motorists from those who have been drinking and driving in Orange County.  These California DUI checkpoints are designed to not only protect the public but to also warn them of the seriousness and dangers that can occur when someone drinks and drives.

According to the OC Register, 148 people were arrested for driving under the influence throughout the weekend’s DUI checkpoints. Unfortunately, a teenage girl from Irvine lost her life due to an intoxicated driver who plowed his vehicle into the one girl was in early Sunday morning.   A drunk pedestrian in Fountain Valley was struck by an SUV as he crossed the street and two OC residents died in a DUI-related accident in Riverside County.  

Our California DUI Attorneys send their condolences to the friends and family members of all the DUI related victims.   

Continue reading "Memorial Weekend Results in Multiple DUI Arrests" »

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