Criminal Law
DUI Blogger 

Covers DUI Criminal defense law.
Post Frequency: 0.6/day Last Entry: November 20, 2009 at 14:06:28 Recent Entries: 112
By Neil Shouse, Esq.
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Anonymous DUI Tip Could Result in a 15-Year Sentence
Posted on November 20, 2009Scott Caulfield faces up to fifteen-years in state prison and up to $100,000 in fines for felony charges of possessing a controlled substance and misdemeanor DUI?charges that were based on an anonymous caller?s tip. The caller reported that Caulfield almost hit her and her husband head-on, causing them to swerve into a ditch to avoid the accident...
Southern California DUI Sobriety Checkpoint Schedule for 11/20 & 11/21
Posted on November 19, 2009This weekend, there are at least four California DUI sobriety and driver?s license checkpoints scheduled to take place. Typically, cops need a reasonable suspicion or probable cause before they can initiate a traffic stop. In order to get around this strict legal requirement, courts have classified DUI roadblock investigations as ?administrative? rather than criminal...
Weaving within a Lane -- Probable Cause for a DUI Stop?
Posted on November 18, 2009It actually depends. Unless there is ?pronounced weaving? for a ?substantial? distance, witnesses by a ?seasoned? officer, the answer will be no. Good news for many California DUI suspects. This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes...
Texas Police Expanding Forced Blood Draws
Posted on November 17, 2009Texas?one of the states that currently permits officers to perform forced blood draws in DUI refusal cases?has become even more aggressive with respect to its alleged DUI offenders. The state used to permit officers to perform warrantless DUI blood draws when someone was seriously injured by the suspected DUI driver...
Reality Series Actress Shayne Lamas Arrested at California DUI Checkpoint
Posted on November 16, 2009Shayne Lamas, the former ?Bachelor? winner and star of the new reality series ?Leave it to Lamas? was arrested Saturday night at a DUI checkpoint in Venice, California. Shortly thereafter, she personally issued the following statement- "Early Saturday morning, after consuming one drink, I willingly drove through a mandatory check point on my way home with complete confidence of passing...
2005 California Fatal Hit and Run DUI Offender Pleads Guilty
Posted on November 13, 200942-year-old Youn Lee will be sentenced on December 7, 2009 for California Vehicle Code 191.5a gross vehicular manslaughter while intoxicated. The sentence is based on a fatal hit and run DUI that Lee was involved in more than 4 years ago. He plead guilty to the charge on Tuesday...
The Difference between California DUI Standardized Field Sobriety Tests and Non-Standardized Field Sobriety Tests
Posted on November 12, 2009California DUI investigations almost always involve field sobriety tests (FSTs). FSTs are designed to help police determine whether an individual is too impaired by alcohol and/or drugs to drive safely. These tests are divided into two groups: California DUI standardized field sobriety tests (SFSTs) and California DUI non-standardized field sobriety tests...
The Atkins Diet...Weight-loss Sensation and DUI Defense?
Posted on November 11, 2009While everyone knows about the great weight-loss benefits of the Atkins Diet, few people know about the diet?s other big advantage?it?s a possible California DUI defense. This is because low-carbohydrate / high-protein Atkins-style diets can fool DUI breath testing instruments...
How Title 17 Violations Can Help You Win a California DUI Case
Posted on November 10, 2009Title 17 of the California Code of Regulations governs how DUI blood, breath, and urine tests are administered, analyzed, and stored. Title 17 violations can result in dismissed California DUI charges?or at the very least, in significantly reduced DUI charges...
How Much is Too Much?
Posted on November 09, 2009With respect to drinking and driving, this is the common question that, unfortunately, doesn?t have a clear answer. Anti-drinking, conservative groups suggest that you shouldn?t drive after having even one alcoholic beverage. Other, less extreme groups recognize that most people are fit to drive after having one or two drinks...
The Myth Surrounding Miranda Rights and California DUI Investigations
Posted on November 06, 2009Many people incorrectly believe that if you are arrested for a California DUI?and the police don?t read you your ?Miranda rights??that your DUI charges will automatically be dismissed. The fact, however, is that absent very specific circumstances, Miranda rights are generally not required as a part of a California DUI investigation...
November 6, 2009 Southern California DUI Sobriety Checkpoint Schedule
Posted on November 05, 2009Tomorrow night, November 6, 2009, four Southern California DUI sobriety checkpoints are set to operate. With respect to the first, the Palm Springs Police Department will reportedly conduct a sobriety checkpoint at an undisclosed location within in the city...
Former Terminator Actor Thomas Dekker Charged with DUI
Posted on November 04, 2009Thomas Dekker, who played John Connor on the Terminator television show, was arrested in California for DUI after hitting a 17-year old who was riding his bike in the San Fernando Valley. The Los Angeles City Attorney?s Office charged Dekker with two counts of misdemeanor DUI?Vehicle Code 23152a VC driving under the influence and Vehicle Code 23152b VC driving with a BAC of 0...
Don't Ever Assume You Shouldn't Fight the Results of a DUI Blood Test
Posted on November 03, 2009Despite the fact that it is inherently more reliable than DUI breath testing (and certainly more reliable than DUI urine testing), DUI blood testing still has its share of evidentiary problems. Contamination and error frequently contribute to faulty California DUI blood test results, leaving innocent victims to face wrongful charges for Vehicle Code 23152b VC driving under the influence with a BAC of 0...
Rising Blood Alcohol -- Understanding this California DUI Defense
Posted on November 02, 2009California Vehicle Code 23152b penalizes driving with a blood alcohol concentration (BAC) of 0.08% or greater. Unlike Vehicle Code 23152a ?driving under the influence? people aren?t charged with this offense until after they?ve submitted to a chemical DUI blood or breath test that resulted in a BAC of at least a 0...
Driving Under the Influence of Listerine?
Posted on October 30, 2009As crazy as it sounds, you could in fact, be arrested for driving under the influence of Listerine, Nyquil, a few sips of a cocktail, or any other liquid or substance that contains alcohol. It?s not that you would necessarily be ?under the influence? of any of these, but that they are all capable of producing an illegal blood alcohol concentration of 0...
How GERD can Fool a DUI Breath Test
Posted on October 29, 2009GERD (Gastroesophageal Reflux Disease) is quickly becoming one of the more popular California DUI defenses. This is likely because between 25-45% of our population is affected by this disease?and because it is receiving more public attention. GERD, as well as acid reflux and heartburn, are all medical conditions that can cause any alcohol that is in your system to travel up from your stomach and into your mouth...
Oprah Addresses Mothers Who Have Been Accused of DUI
Posted on October 28, 2009Yesterday?s Oprah show addressed mothers and drunk driving. Her show was most likely prompted by the recent tragedy involving Carmen Huertas who was allegedly driving with a 0.13% BAC when she lost control of her car, killing one of seven children who were passengers inside...
A DUI is a DWI is an OWI...
Posted on October 27, 2009In California, we call it ?driving under the influence? or DUI. In some states, they call it ?driving while impaired? or DWI. Still others call it ?driving while intoxicated? which is still DWI. And finally, some states call it ?operating while intoxicated? or OWI...
Mom Charged with Vehicular Manslaughter
Posted on October 26, 2009Last week, the Manhattan District Attorney?s Office filed manslaughter, vehicular manslaughter, assault, and DUI charges against 31-year old Carmen Huertas. Huertas piled eight children (including her own daughter and fourteen-month old son) into her car to have a sleep over at her house...
California BUIs and the DMV - Setting the Record Straight
Posted on October 23, 2009There seems to be a lot of confusion about the penalties imposed in connection with a California boating under the influence conviction. A majority of the information found on the Internet suggests that if you are convicted of BUI under California Harbors and Navigation Code 655, the DMV will suspend or revoke your vehicle driver?s license just as if you were convicted of a DUI...
One Free Swerve
Posted on October 22, 2009On Tuesday, the U.S. Supreme Court upheld a Virginia case which held that officers will no longer be allowed to pull over suspected drunk drivers based solely on a caller?s tip. The court ruled that officers must personally observe suspicious behavior before stopping a driver for a DUI investigation...
Schwarzenegger's Targeting More than First-Time DUI Offenders
Posted on October 21, 2009Last week, California Governor Arnold Schwarzenegger signed several new bills that will go into effect beginning January 1, 2010. One of them is known as Assembly Bill 808, the Ambriz Act. This law will require every person who either applies for a new driver?s license or who wishes to renew his/her license to sign a statement acknowledging the dangers associated with drinking and driving...
Schwarzenegger Cracks Down on First-Time DUI Offenders
Posted on October 20, 2009Last week, California?s Governor Arnold Schwarzenegger signed a new bill that will go into effect July of next year. Under this new law?known as Assembly Bill 91?first-time California DUI offenders will be required to install ignition interlock devices (IIDs) on every car they own or operate...
California DUI School
Posted on October 19, 2009A court-ordered alcohol/drug education program (otherwise known as California DUI school) is a mandatory condition of a DUI probation sentence. Depending on whether it is your first, second, or subsequent DUI conviction?or even your first or second California wet reckless conviction?the judge will sentence you to between 12 hours and 30 months of DUI school...
Why We Tell You to Remain Silent...
Posted on October 16, 2009At first glance, there is nothing remarkable about Craig Jackson?s DUI. The arresting officer?s account started off as most DUI arrests do?Jackson had the ?strong odor of alcohol on his breath, his speech was slurred, his eyes were bloodshot and watery, and his balance was poor...
Minnesota Viking's Cedric Griffin Pleads Guilty to DUI
Posted on October 15, 2009Last week, Minnesota Viking?s Cedric Griffin pled guilty to misdemeanor DUI. There are a couple of things that are interesting about this case. The first is that Griffin was arrested after he voluntarily pulled over?apparently because he believed he was too impaired to drive...
2009 California DUI Laws
Posted on October 14, 2009Every year, the California legislature introduces new laws that relate to driving. In 2009, several of these new laws directly related to driving under the influence. One of the newer California DUI laws deals with DUI probation violations. California?s zero-tolerance law states that you will automatically lose your driver?s license if you are on probation for a DUI and are caught driving with any measureable amount of alcohol in your system, or refuse to submit to a chemical blood or breath test to determine your blood alcohol concentration (BAC)...
Murder Charges Dropped
Posted on October 13, 2009Marcos Barbosa Costa, a commercial truck driver was charged with murder when his runaway big rig killed a man and his 12-year-old daughter in La Cañada, Flintridge last April. Last week, those charges were dismissed. The Pasadena Superior Court judge who dismissed the charges did so because she did not believe there was sufficient evidence to prove implied malice?a fact which must be proven before a judge/jury can convict a defendant of murder...
Mel Gibson's Infamous DUI Expunged
Posted on October 12, 2009Last week, a Malibu judge agreed to expunge Mel Gibson?s now infamous 2006 DUI. That was the incident where Gibson not only threatened the Los Angeles County Sheriff who stopped him but also blamed the Jews for all the world?s wars. Despite Gibson?s anti-Semitic rant and other bizarre behavior, the judge granted his California DUI expungement because he completed his court-ordered probation...
How is My DUI Going to Affect My Car Insurance?
Posted on October 09, 2009A common question that those who have recently suffered a California DUI ask is, ?How is my DUI going to affect my car insurance?? Although this is a difficult question to answer without knowing the specific facts of your case, there are a few things that we know for sure...
And You Thought a Jail Sentence Was Bad...
Posted on October 08, 2009Most people think they have a pretty good understanding of California?s DUI penalties. Lose your license for a year or so?possibly go to jail?pay a fine?attend DUI school? While these punishments do, in fact, comprise the bulk of a California DUI sentence, they do not include perhaps, one of the most burdensome penalties of them all?obtaining an SR 22...
Driving Under the Influence
Posted on October 07, 200931-year old William Sommer was sentenced to two years in jail following his third DUI conviction. What makes this story somewhat unusual is that he was driving a snow machine at the time. Cases like these remind me that it is good to reiterate that the crime is driving under the influence...
Pulp Fiction Writer Convicted of Misdemeanor Gross Vehicular Manslaughter
Posted on October 06, 2009Roger Avary, the Oscar-winning co-writer of ?Pulp Fiction?, was sentenced last week in the Ventura Superior Court to one-year in a county jail, five years formal probation, and over $5,000 in fines for a California DUI he suffered early last year. Avary was driving his Mercedes over 100 mph when he crashed into a telephone poll...
Ex-Los Angeles County Sheriff Sentenced for DUI Crash
Posted on October 05, 2009Last week Robert Moran, 43, a former deputy with the Los Angeles County Sheriff?s Department was officially sentenced to three years of informal probation and to six months in a county jail for his June 2008 DUI. He was arrested for that DUI when he crashed his department-issued SUV into another car after he ran a red light, and injured the people in the other car...
Ojai School Bus Driver Arrested for DUI
Posted on October 02, 2009Kim Fullenwider, 53, was arrested in Ojai, California, on suspicion of drunk driving after making a U-turn in front of an approaching pick-up. Although there were no reported injuries, Fullenwider was driving a school bus full of children at the time of the 7:30 a...
Comedian Artie Lange Pleads Guilty to DUI
Posted on October 01, 2009Comedian Artie Lange pled guilty to DUI in a New Jersey Court yesterday. Lange was arrested back in July following a minor traffic accident. A regular on the Howard Stern show, Lange claims that at the time of the incident, he was under the influence of prescribed sleeping pills he had taken the night before...
Former Actress / Video Star Tawny Kitaen Arrested for DUI
Posted on September 30, 2009Tawny Kitaen, the former actress, most commonly known for her sultry appearances in Whitesnake music videos from the 80?s, was arrested in California Saturday on suspicion of DUI. Although not too many details were released, the Newport Beach police reported that she was arrested at about 3 p...
The Extreme Range of California DUI Penalties
Posted on September 29, 2009Prosecutors and Judges have an enormous amount of discretion when it comes to imposing California DUI penalties. If you?re sentenced for a DUI, your punishment can range anywhere from spending no time in jail to spending up to ten years in the California State Prison, depending on whether (1) it?s your first, second, or subsequent offense, (2) you?re charged with misdemeanor or felony DUI, (3) anyone was injured as a result of your DUI?and the list goes on and on...
The Truth about Field Sobriety Tests
Posted on September 28, 2009Despite common misperception, California DUI law does not require you to submit to field sobriety tests (FSTs) while under investigation for drunk driving. These tests are completely voluntary, even though the officer conducting them may conveniently forget to mention that fact?or, at best, may simply gloss right over it...
Will California DUI Offenders Soon Be Branded By a Scarlet Letter?
Posted on September 25, 2009DUI penalties are always a hot topic. Recently, there is one area in particular receiving quite a bit of buzz. Several states, including Ohio, Minnesota, and Iowa currently require DUI offenders to display unique license plates to draw attention to their convictions...
Houston Texan Jacoby Jones Pleads Guilty to DUI
Posted on September 24, 2009Jacoby Jones pled guilty to a DUI charge stemming from an incident last year. When arrested, Jones had a blood alcohol concentration of 0.13% and was found asleep in his car (with his foot on the brake while the car was in drive). Jones is receiving a first time DUI ?diversion? sentence which basically means that if he completes his probation terms, the case will be dismissed and the conviction erased from his record...
Child Endangerment ? A California DUI Penalty Enhancement
Posted on September 23, 2009Last Thursday in New York, 41 year-old Melonie Lender, a middle school assistant principal, was arrested for DUI. Not only was it 6:40 in the morning, but she was on her way to work and had her 10-month old son in the backseat. In addition, Lender reportedly has two prior alcohol-related driving convictions...
Typical Testimony in a California Vehicle Code 23152a DUI Trial
Posted on September 22, 2009It never ceases to amaze me. Before I even hear the arresting officer?s testimony in a California DUI trial, I can almost predict verbatim what he/she?s going to say? ?The defendant had red/watery eyes, slurred speech, and the odor of an alcoholic beverage emitting from his breath...
Bobby Rydell Charged with DUI
Posted on September 21, 2009It was reported last week that the former teen idol, now 67, is facing charges for driving under the influence when his 1969 Bentley jumped a curb and swiped a pole, shrubbery, and a landscape wall outside a yoga salon in Pennsylvania. He is set to appear in court on November 19, 2009 to answer for the DUI charges...
College Students Beware...If You're Under 21 and Arrested for a California DUI, You Can and Will be Prosecuted
Posted on September 18, 2009As summer ends and school begins, underage drinking becomes more prevalent. Students in college -- and even high school -- are returning to the party scene?which means that underage drinking will be on the rise. Underage drinking is nothing new and, for many, is the norm...
Your DNA -- Orange County's "Get out of Jail Free" Card
Posted on September 17, 2009The Orange County District Attorney?s Office is now accepting your DNA?and, in exchange, will drop your criminal charges. According to The Los Angeles Times, which reported on this subject in today?s edition, if you are arrested for a nonviolent misdemeanor (which include most DUIs, petty theft, and trespassing) or a low-level drug possession felony and agree to give a DNA sample, the DA won?t file charges...
One for the Road?
Posted on September 16, 2009California Vehicle Code 23152b is what?s known as the ?per se? law. This means that if your blood or breath test revealed a blood alcohol concentration of 0.08% or greater, you are presumably guilty of driving under the influence. A common defense in a 23152b DUI prosecution in what?s known as the ?on the rise? defense...
Defendant?s Remorse Gets Him a Lighter Sentence
Posted on September 15, 2009Jack Alvord, 61, was sentenced to 22 months in prison by a Portland judge when he plead guilty to DUI, reckless driving, and to third degree assault. Alvord, who was driving with a BAC of 0.30%, hit a blind man who was walking on the sidewalk (pining him between the car and a utility pole) before driving off...
California DUI Refusals...A Thing of the Past?
Posted on September 14, 2009California DUI refusals are commonplace. In fact, many California DUI defense attorneys will ?suggest? that if you are pulled over for a DUI?and can live without your license for one year?politely refuse to perform any FSTs or submit to a blood or breath test...
Canadian Man Receives Life Sentence for DUI
Posted on September 11, 2009The Los Angeles Times reported yesterday that Roger Walsh, 57, was sentenced to life in prison for killing a woman in a wheelchair while he was DUI. Neither the fact that the woman was in a wheelchair nor the fact that she was killed is what makes this case remarkable...
California DUI Arrests Down this Labor Day
Posted on September 10, 2009Labor Day 2009 yielded fewer California DUI arrests?and fewer DUI fatalities?compared to last year?s totals. According to the California Highway Patrol, there were about half as many DUI-related fatalities as there were during the 2008 Labor Day weekend, and arrests fell by approximately 11%...
Zero Tolerance Law in DUI Probation
Posted on August 27, 2009Most people convicted of a California DUI get probation. This usually lasts from three to five years, and includes certain "terms and conditions." Violating the terms and conditions subjects the person to a probation violation, and possible jail time...
Riverside Imposes Jail time in 1st Offense DUI Cases
Posted on August 20, 2009Riverside remains one of the few counties in California to impose jail time systematically for first-time DUI offenders. Those convicted of first offense DUI generally receive between six to ten days of jail. This could be served at the Robert Presley Detention Center or Southwest Detention Center, or most of the time the person could opt for work sentence instead of actual jail time...
Reducing a DUI Charge to ?Exhibition of Speed?
Posted on August 05, 2009California Vehicle Code 23109 defines the misdemeanor crime of ?speed contests? or ?exhibition of speed.? Quite literally, this means a motorist on a highway racing against another vehicle or a timing device. We usually call this activity ?drag racing? or ?street racing...
Wet Reckless vs Dry Reckless Charge Reductions
Posted on August 03, 2009Much of the negotiations between prosecutors and DUI defense attorneys involve reducing a DUI charge to a wet reckless or a dry reckless. Both of these reduced charges fall under California Vehicle Code 23103, the statute defining reckless driving. The difference between the two is that a ?wet reckless? is a special form of reckless driving in which the record of conviction specifies that alcohol was involved...
Orange County Man Starts Trial for DUI-Murder Charges
Posted on July 22, 2009The DUI-Murder trial started Monday of Danny Ruiz, a Laguna Hills man accused of killing his pregnant girlfriend when he crashed into a tree with a .17 BAC. Ruiz was on probation for a prior DUI. In that case, he signed an admonition acknowledging that he could be prosecuted for murder if he were to kill someone in the future as a result of drunk driving...
New Studies to Change Policy Debate About Distracted Driving
Posted on July 21, 2009Research released today by the National Highway Transportation Safety Administration (NHTSA) is likely to change the policy debates about distracted driving. Among other things, the research shows that drivers talking on a phone are four times as likely to crash...
Ventura County Revises DUI Policies
Posted on July 15, 2009The Ventura County court system boasts a long-standing reputation as one of the harshest in the state, especially when it comes to DUI enforcement. The D.A.'s office refuses to plea bargain DUI cases to lesser charges. And judges impose jail time even on first offense cases with no aggravating circumstances...
To Blow or Not to Blow? That is the Question
Posted on July 14, 2009California's implied consent law requires those lawfully arrested for DUI to submit to a blood or breath test to measure their BAC. Yet many arrestees refuse to take either test and thus get charged with a DUI with "chemical test refusal." Are "refusers" better off? It depends...
California's DUI Zero Tolerance Policy Unduly Harsh
Posted on July 13, 2009Stated in Vehicle Code 23136, California DUI law makes it illegal for minors under 21 years of age to drive with any measurable amount of alcohol in their systems. An underage drinker who drives with even a .01 BAC faces a one-year suspension of his/her driver?s license...
California Supreme Court Allows Greater Flexibility to Challenge Breath Test Results
Posted on July 10, 2009In People v McNeal, the California Supreme Court yesterday made it easier for those accused of DUI in the state to challenge the accuracy of breath test results. We applaud the decision. Prior to the ruling, DUI defendants were precluded at trial from introducing evidence of individual variation in the conversion of breath test results to a blood alcohol reading...
Fleeing an Accident Scene for Safety Reasons
Posted on July 09, 2009California hit & run law requires a person involved in an accident to stop and provide identifying information to the other parties. Failure to do so may invite a felony charge under Vehicle Code 20001 if the accident caused injuries, or a misdemeanor charge under Vehicle Code 20002 if there was only property damage...
California DUI of Marijuana: No Reliable Gauge
Posted on July 08, 2009California Vehicle Code 23152a makes it illegal to drive under the influence of alcohol or drugs or both. The most common type of DUI drugs case prosecuted in the state is DUI of marijuana. Unlike alcohol cases, California law imposes no ?per se? limit on the amount of marijuana that can be in a driver?s body...
California Vehicle Codes 23152(a) and (b): Compared and Contrasted
Posted on July 07, 2009Most people arrested for DUI in California get charged with two offenses: Vehicle Code 23152(a) driving under the influence, and Vehicle Code 23152(b) driving with an excessive BAC (defined as .08 or higher). Although both crimes make up California DUI law, they define separate offenses...
Out of State Drivers & California DUI
Posted on July 06, 2009The implications of a California DUI don?t differ significantly for residents versus out of state visitors. The legal standard is the same for both: a DUI can be charged for driving while intoxicated and/or with an excessive BAC. And the court-imposed penalties are the same for a DUI conviction...
DUI Plea Bargaining: Supply & Demand
Posted on July 03, 2009As many court dockets get clogged with an ever-increasing number of DUI cases, more of them are getting plea bargained. Typically this means a reduction of the charge to a wet reckless, dry reckless, misdemeanor exhibition of speed or even traffic infractions...
DUI of Prescription Drugs in California
Posted on July 03, 2009Most people think of California DUI cases as involving "drunk driving." But the state's DUI law prohibits more than just driving under the influence of alcohol. The Vehicle Code make sit illegal to drive while intoxicated by alcohol or drugs or any combination of the two...
Felony DUI in California
Posted on June 26, 2009Although most California DUI cases get charged as misdemeanors--involving fines, DUI school and sometimes a short jail sentence--in certain instances prosecutors can charge a California felony DUI. The consequences for a person convicted of felony DUI are significantly more serious...
California DUI and ?Drunk in Public?: Different Standards of Intoxication
Posted on May 21, 2009DUI and ?drunk in public? are misdemeanor crimes in California designed to protect the suspect and the public from a suspect?s dangerous, substance-induced behavior. Both laws criminalize a suspect?s being intoxicated in certain settings. But the level of intoxication that must exist for each crime to take place differs significantly...
Riverside D.A. Now Asking For SCRAM For 1st Time DUI Cases
Posted on April 17, 2009The Riverside District Attorney's Office is now asking for 90 days of SCRAM on first time DUI cases where the defendant's BAC measures more than .15. The SCRAM is a tamper-proof device that a person wears around his ankle. It measures alcohol from the wearer's sweat emitted throughout the day...
California DUI School
Posted on March 13, 2009California's System of Mandatory DUI School: Does it Really Work? Most people know the routine that follows a California DUI conviction: probation, fines, a temporary drivers license suspension, and--of course--the infamous California DUI school. Indeed, California has developed an elaborate series of alcohol education programs for DUI offenders...
Pulp Fiction, Beowulf Screenwriter Charged with DUI
Posted on February 25, 2009The Los Angeles Times reports that on December 13, 2008, Ventura County prosecutors charged screenwriter Roger Avary with gross vehicular manslaughter. Avary pleaded not guilty to manslaughter and other charges which arose from a January 2008 single-car collision on a rural Ojai road...
Holiday DUI Arrests Down from Last Year
Posted on February 18, 2009The Los Angeles Daily News reports a decline in the number of DUI arrests in Los Angeles and Orange Counties over the holiday season. This decrease comes in spite of the holiday maximum enforcement policies undertaken by the California Highway Patrol (CHP)?both in the metro area and statewide...
Anatomy of a California DUI Case: Heather Locklear
Posted on February 11, 2009On January 2, 2009, actress Heather Locklear pleaded no contest to a charge of misdemeanor reckless driving, reports TMZ.com. Locklear?s no contest was delivered as part of a plea bargain which resulted in the dismissal of DUI of drugs charges against the 47-year-old actress...
Ventura County DUI Case Dismissed Because of Improper Traffic Stop
Posted on February 05, 2009Ventura County DUI attorney Darrell York succeeded in getting a drunk driving case thrown out of court on Januray 30th after convincing the court that the original traffic stop was improper. The client was stopped for allegedly weaving. He subsequently took a roadside breath test with results of ...
Pomona City Official Charged With DUI
Posted on January 27, 2009Elliott Rothman, a Pomona City Councilman, has been arrested recently by Pomona police and charged with driving under the influence of alcohol and/or drugs. According to a recent October 8 Pasadena Star-News article 50-year-old Rothman was stopped by police late Tuesday and booked on misdemeanor charges shortly after...
Man Pleads No Contest To DUI Charges In Burbank Crash
Posted on January 20, 2009A drunk driver accused of causing a single-car crash in Burbank that killed one passenger and injured three others last year, has pleaded no contest to the charges, according to this Los Angeles Daily News article. According to the report, 24-year-old Michael Scott Christenson pleaded no contest to one count of gross vehicular manslaughter and three counts of DUI causing injury...
Teenager Arrested On Suspicion of DUI, Assault
Posted on January 13, 2009Ventura Sheriff?s deputies have arrested 18-year-old Matthew Kusmuk on suspicion of driving his vehicle under the influence of alcohol and dragging a woman behind a car, the Ventura County Star reports. Kusmuk has been charged with DUI and assault with a deadly weapon ? the weapon in this case being his vehicle...
Heather Locklear Arrested In Montecito For DUI
Posted on January 03, 2009Heather Locklear, the actress and former star of television shows such as ?Melrose Place? and ?Spin City,? was recently arrested on suspicion of driving under the influence of controlled substances, the Los Angeles Times reported in a recent article. California Highway Patrol spokesman Tom Marshall said CHP had taken Locklear into custody after responding to a 911 report of a woman driving erratically the afternoon of September, 28, 2008 in a Montecito parking lot...
Man Arrested On Suspicion of Drunk Driving in Santa Ana
Posted on December 20, 2008A 27-year-old man was arrested on drunk driving charges in Santa Ana after he struck and injured a police officer, The Orange County Register reports. According to Santa Ana police officials, the officer was outside his squad car talking to victims of an unrelated crime in the early hours of October 19, when Francisco Jimenez, who was traveling north on Bristol Street lost control of his car and struck the officer...
Two Injured in Torrance DUI Crash
Posted on October 18, 2008A man suspected of DUI in Torrance crashed into a tree injuring himself and his passenger, the Daily Breeze reports. A passenger?s thumb was cut off when the Ford Taurus overturned. The accident reportedly occurred near the intersection of Van Ness Avenue and Del Amo Boulevard...
San Diego DUI Suspect Attempts To Flee, Injures Sheriff's Deputy
Posted on October 15, 2008A San Diego County Sheriff?s deputy was injured after his holster got caught on the door of a vehicle he had just pulled over and the driver tried to flee the scene, dragging the deputy. According to an article in the San Diego Union-Tribune, Deputy Robert Gibson had stopped the 46-year-old man on suspicion of drunk driving in San Diego County after seeing him drive his truck on the bike lane for several blocks...
DUI Suspect Flees Police, Kills Pedestrian
Posted on October 07, 2008Los Angeles Police officers arrested 41-year-old Robert Palacios on suspicion of murder in Lincoln Heights after he struck and killed a pedestrian during a police pursuit, the Los Angeles Times reports. Police say it was not considered a ?pursuit? because officers did not turn on lights or sirens...
DUI Drug Test Could Be On The Way
Posted on October 01, 2008A recent Los Angeles Times blog by Susan Brink talks about new tests just like a Breathalyzer that researchers hope will detect drivers operating under the influence of illegal drugs. The National Institutes of Health has reportedly released guidelines on possible ways to conduct these tests...
New Las Vegas DUI Website
Posted on July 24, 2008A new website now provides the most comprehensive information on Nevada DUI law and the process of fighting a Las Vegas DUI charge: www.las-vegas-dui-defense.com. Among the site?s features: 20 Strategies for Beating a Las Vegas DUI . Discusses a variety of drunk driving defenses, from improper traffic stops to failure to give Miranda Warnings to GERD and mouth alcohol contaminating the breath test device...
Former Long Beach Prosecutor Joins Southern California DUI Defense
Posted on May 09, 2008Former Deputy Long Beach City Prosecutor Shannon Wiezorek has joined Southern California DUI Defense, one of the area?s preeminent DUI law firms. Ms. Wiezorek will be representing clients with Orange County DUI cases, Long Beach DUI cases, and clients accused of drunk driving throughout South Los Angeles and the South Bay...
San Diego Man Will Face Trial for Police Dog Death
Posted on April 18, 2008A San Diego man accused of leading police on a wild-goose chase that ended up in a jump off of San Diego?s largest bridge and the death of a police dog will face trial, authorities have confirmed. Among other things, Cory Byron is charged with evading officers, DUI, and harming a police animal...
Mischa Barton Faces the Music for DUI
Posted on April 14, 2008She?s just the latest in a string of starlets facing trouble with the law after driving under the influence. Now Mischa Barton, a young actress who performed on the popular teen soap ?The O.C.,? has pleaded no contest to driving under the influence (DUI) after a December pullover...
DUI Leads to Palm Springs Power Outage
Posted on April 08, 2008A Palm Springs man could be on the hook for more than just felony DUI ? his ill-fated driving spree cost 1,000 Southern California Edison customers their power when he crashed his Mustang into a power pole. Though Noel Hernandez Montes has not yet been convicted of felony DUI, he was suspected of driving under the influence when his car rolled over, downing a power pole and several power lines...
South Bay DUI Arrests Up 20 Percent During Holiday Season
Posted on April 01, 2008A South Bay DUI crackdown resulted in 20 percent more DUI arrests, reports the Mercury News. In 2006, 716 arrests were made of drivers suspected to be operating their vehicles while under the influence of alcohol and drugs; the figure rose to 859 between December 14 and January 1...
DUI Leads to Racing License Revocation for Jockey
Posted on January 29, 2008Patrick Valenzuela, a prominent horse racing jockey and the youngest jockey ever to win the Santa Anita Derby, has had his racing license revoked after a recent DUI arrest. The California Horse Racing Board revoked his license after the arrest and reported that it did so because the conditional racing license it had issued was only issued on condition of Valenzuela abstaining from alcohol altogether...
Murder Charges in DUI Crash
Posted on January 27, 2008John Joseph Taskey, aged 46, has pleaded not guilty of second-degree murder, gross vehicular manslaughter, driving under the influence of alcohol and causing injury, and driving under the influence with prior DUI convictions. His trial will begin April 10 in San Diego Superior Court...
Michelle Rodriguez Released From Jail ? Served Time for DUI
Posted on January 23, 2008Actress Michelle Rodriguez has been released from Lynchwood County Jail in California after serving only 18 of 180 sentenced days. Her release was due to overcrowded conditions at the jail, which allows female inmates who have not proven themselves to be violent to serve as little as ten percent of their sentence before release...
CHP Cracks Down On I-15 DUIs
Posted on January 21, 2008Recent reports indicate that the California Highway Patrol will ramp up patrol efforts along the I-15 corridor in an attempt to get a handle on drunk drivers, speeders, and those who fail to properly use seat belts and proper restraints while driving...
Highway Patrol Officer Pulled Over On DUI Charge
Posted on January 18, 2008Lieutenant Deborah Pierce, a California Highway Patrol officer working for the Bakersfield division, was pulled over and arrested on drunk driving charges while driving on Highway 99. The officer, who wrecked her car, did not hurt any others while on the road...
A Different Standard for Minors with a DUI
Posted on January 15, 2008A California teenager was arrested for DUI three times in less than two weeks. Police in the San Francisco suburb of Morgan Hill say 19 year old Anthony Maher was arrested three times in eleven days for driving under the influence. For two of the arrests, investigators say his blood alcohol level was more than twice the legal limit...
DUI Testing by Dana Raz
Posted on November 13, 2007Having successfully completed an intensive seminar about field sobriety tests, where I, as a los angeles criminal defense attorney, acted as a cadet in the police academy, learning how to administer the tests; I now have a very different viewpoint of these tests...
Veteran Los Angeles Sheriff's Deputy Faces Drunk Driving Charges
Posted on November 02, 2007A 40-year veteran officer of the Los Angeles Sheriff?s Department is facing misdemeanor drunk driving charges. According to an article in The Los Angeles Times , Michael Aranda, a 62-year-old division chief was arrested the night of June 12 on the 14 Freeway on suspicion of driving his county-issued car while under the influence of alcohol and while he was off-duty...
Chicago Police Officer Fails to Follow Procedure In DUI Arrests
Posted on October 31, 2007Prosecutors in Cook County, Chicago, are looking into whether an officer hailed as ?top cop? for making a record number of DUI arrests, followed the correct procedure in administering field sobriety tests or Breathalyzer tests. According to a news report in the Chicago Tribune prosecutors dropped 50 misdemeanor cases stemming from arrests made by Officer John Haleas...
New California Legislation Toughens Laws Against DUI Offenders
Posted on October 26, 2007Last week, California Governor Arnold Schwarzenegger signed off on a new legislation, which will toughen the law when it comes to DUI offenders. Named after Steve Ambriz, an Orange City Councilman who was struck and killed in a DUI crash, the new law required all drivers obtaining or renewing their license to sign a statement admitting that they understand it is dangerous to drive a vehicle while under the influence of alcohol or drugs and that they could be charged with murder if found responsible for the DUI crash...
Woman Arrested on Fifth DUI Charge in Six Months
Posted on October 24, 2007A 26-year-old Ramona woman was arrested for the fifth time in sixth months on a drunk driving charge, a news report in the San Diego Union Tribune states. According to the article Tiffany Adamo has been arrested during stops and was once even found passed out in her car behind the wheel and blocking traffic...
Actor pleads no contest to misdemeanor Drunk Driving
Posted on October 20, 2007Actor Kiefer Sutherland has pleaded no contest to a misdemeanor drunk driving charge, according to a news report in The Los Angeles Times . The ?24? star was arrested on suspicion of driving under the influence of alcohol and a probation violation stemming from a separate DUI case three years ago...
A New Kind of Checkpoint
Posted on October 17, 2007I was driving down La Cienega Blvd in Los Angeles last week when traffic slowed to crawl. Something was going on up ahead. Perhaps it was an accident or road construction. At 3 in the afternoon, it couldn?t be checkpoint designed to nab DUI suspects. Turns out it was a checkpoint, but not a DUI or drunk driving checkpoint...
Two Attorneys Join California DUI Practice
Posted on September 20, 2007Southern California DUI Defense, one of the premiere Los Angeles County law firms, recently welcomed two new DUI attorneys. Long Beach DUI Attorney Lynda Westlund is joining the Long Beach office and will be practicing drunk driving defense throughout Orange County and the South Bay, including Newport Beach, Anaheim, Fullerton, Torrance and Whittier...
DUI Arrest For Woman Leading Police On Unusual Chase
Posted on July 13, 2007It was a ?freeway chase? that was more like a funeral procession involving police cars rather than a wild pursuit with unpredictable twists and turns. This July 6 pursuit lasted 90 minutes from the San Fernando Valley to Kern County and in the end of it all, police arrested 50-year-old Diane Louise Simpson of Reseda on suspicion of driving under the influence of alcohol...
Former Star of ?Laguna Beach? Pleads Guilty to Misdemeanor DUI
Posted on July 12, 2007Reality television star Jessica Smith, who appeared on all three seasons of the hit show ?Laguna Beach: The Real Orange County? pleaded guilty to one charge of misdemeanor drunk driving. She was sentenced on July 6 to three years of probation, ordered to perform 80 hours of community service and pay $1,300 in fines and penalties, according to an article posted on Fox News? Web site...
LAPD Traffic Officer Charged With DUI
Posted on July 11, 2007A Los Angeles Police Department officer, who does DUI and traffic enforcement himself, got arrested last week when he was off duty, on suspicion of driving under the influence of drugs, according to a news article posted in the Los Angeles Daily News...
High-Speed Chase Ends With DUI Charge For 11-year-old
Posted on July 10, 2007This is an unusual one. Police in Orange Beach, Ala., were shocked to find that the Chevrolet Monte Carlo they were involved with in a high-speed chase was actually being driven by a 11-year-old girl, according to an Associated Press news report posted on the Seattle Times? Web site...
Johnson Not Charged With DUI, But Still Remains Fired From Team
Posted on July 09, 2007A drunk driving arrest can affect a person?s life in ways they possibly cannot imagine ? whether that person works a job at a school or a bank or whether he or she is a highly-paid athlete. NFL star Tank Johnson, formerly of the Chicago Bears, found that out for himself last month when his team kicked him out after a June 22 arrest on suspicion of speeding and driving under the influence of alcohol...
Smooth Start To California?s DUI Reduction Story
Posted on May 18, 2007California, known more perhaps for its number of freeways and the cars on them, is also getting a lot of credit for its recent work in limiting drunken driving. According to an article in The Sacramento Bee , which reported on the results of a newly completed study by the U...

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