Recent Posts in California DUI penalties Category

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.

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.

It appears that former NFL running back Corey Dillon has a good California DUI attorney. According to prosecutors, Dillon has pleaded no contest to a misdemeanor reckless driving charge. He was initially charged with two misdemeanor drunk driving charges.

Los Angeles County district attorney's office spokeswoman Jane Robison says Dillon was sentenced to two years of probation, a 12-hour alcohol program, and ordered to pay a $250 fine. She also indicated that Dillon entered the plea through his attorney with an admission that alcohol was involved.

The former running back was arrested last year in Calabasas on suspicion of driving under the influence of alcohol. According to police, he showed "multiple signs of being under the influence" and admitted to drinking alcohol earlier in the evening.

As Corey Dillon's California DUI case demonstrates, an experienced California DUI defense attorney can often negotiate a "plea bargain" with prosecutors that results in reduced charges. A reckless driving conviction offers many benefits over a California DUI conviction-it does not trigger a mandatory license suspension, it results in lesser fines, and it requires shorter probation periods.

If you find yourself arrested for suspicion of driving under the influence in California, it is imperative to consult with an experienced California DUI defense attorney as soon as possible to find out how we can help you.

A Santa Cruz County man has been sentenced to two years in prison for a hit-and-run crash that left an acclaimed professional cyclist permanently injured, the Contra Costa Times reports.

Superior Court Judge Paul Marigonda stated that Thomas Legan's history of driving offenses-including two DUI arrests and a reckless driving conviction-influenced the sentence he received.

According to authorities, the California DUI offender had been drinking the night of the July 2009 accident, in which he struck a motorcycle while driving on Highway 1 and kept going. The rider, Taylor Tolleson of Santa Cruz, was thrown 800 feet and suffered permanent neurological damage and other injuries.

As this case highlights, DUI offenders with prior convictions are subject to much greater California DUI penalties. In addition, Involvement in a traffic accident while driving under the influence is an enhancement to the regular CA DUI charge.  If this enhancement factor is proven and if the California DUI charge is a felony, then the DUI defendant faces an additional 90 days to 1 year in jail. 

Given the serious consequences, DUI defendants with prior California DUI convictions and who face sentencing enhancements are wise to consult with an experienced California DUI attorney who will attempt to negotiate a plea bargain, resulting in lesser charges and less severe consequences. 

This past 4^th of July weekend resulted in multiple driving under the influence arrests between 6pm Friday through midnight on Monday.

According to the OC Register, the California Highway Patrol made 69 arrests for motorists who were driving under the influence in Orange County alone.    The CHP was doing a maximum enforcement during the holiday weekend as they expected swarms of both tourists and locals taking advantage of the warm weather and fireworks on the beach.   This year's holiday weekend resulted in more DUI arrests than last year which only brought in 51 DUI arrests. However, unlike last year which was free from fatalities, there was one accident early Monday morning which took the life 43-year-old Leonardo Montes of Santa Ana.

If you were arrested this weekend for driving under the influence in California, contact our California DUI Lawyers as soon as possible. Waiting to hire an attorney could be detrimental to your case as you could be facing long license suspension on top of hefty fines and even potential jail time. 

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.

Over 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.

As reported by the Desert Independent, the gymnasium at Palo Verde Valley High School will be transformed into a real courtroom today.

Judge Sarah Christian of Riverside County Superior Court will preside and sentence a real defendant who has been charged with driving under the influence of alcohol. The California DUI sentencing will take place in front of the entire student body.

The program-known as "Real Choices…Real Consequences"-is designed to teach students about the legitimate dangers of California DUI by allowing them to witness real court proceedings.

During the assembly, students will:

• View an actual DUI sentencing.
• Have an opportunity to ask questions of the judge, attorneys, and the defendant.
• Learn facts and statistics about DUIs.
• Understand the consequences of a DUI on individual drivers, crash victims, and local communities.

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

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

As reported by The-Signal.com, the city of Santa Clarita, the Santa Clarita Valley Sheriff's Station, and Hart High School officials recently conducted the Every 15 Minutes program at Hart High School.

The nation-wide program educates high school students regarding the severe dangers of reckless driving, speed contests, drinking alcohol and driving, and distracted driving and texting using several emotion, real-world scenarios.

During the first part of the program, one student was removed from class every 15 minutes—giving the program its name. A police officer then entered the classroom to read an obituary written by the "dead" student's parents, explaining the circumstances of the tragic accident and memorializing their child.

Students also participated in a DUI-simulated collision scene, which was set up near the school on Newhall Avenue, depicting fatalities and serious injuries to several students.

The Los Angeles County Sheriff Department's Air-5 rescue helicopter was used to simulate an airlift of a critically injured student to a local hospital. Several other "injured" students were treated at the scene by the Los Angeles County Fire Department and taken to a local hospital.

The drunk driver was arrested and taken to the Santa Clarita Superior Court where a simulated DUI trial was held.

Finally, participating students met with community members who have experienced real-life drunk driving related tragedies in their family, and counselors spoke to them about how it feels to lose a loved one in a DUI-related accident.

If you or a friend or family member (son or daughter) has been arrested for underage DUI, you will need an experienced California DUI attorney.