California Criminal Lawyer Blog

Under current federal law, it is illegal to drive with a blood alcohol level of .08 percent or higher. According to a news report in The Los Angeles Times, the National Transportation Safety Board (NTSB) is calling on lawmakers to lower the legal limit from .08 to .05 percent. This move is a direct reaction to recent statistics showing that one in three highway deaths involve an alcohol-impaired driver.

Federal regulators called the problem of drunken driving an epidemic and stated that 9,978 people were killed in drunk driving accidents in the year 2011. In their plea for stricter laws, they reported that many drivers feel that it is safe to drive as long as their BAC is below .08 percent. However, the NTSB contends that a driver's physical and mental abilities can become impaired long before the legal limit is reached. The lower blood-alcohol content recommendation is one of 19 suggestions made by the NTSB. They also recommended more high-visibility enforcement and an increase in the use of ignition interlock devices.

Continue reading "Regulators Push for Lower Drunk Driving Limit" »

A 27-year-old Los Angeles woman was arrested after rear-ending a squad car while under the influence of alcohol. According to a news report in WeHoNews.com, the car crash occurred at Santa Monica Boulevard and Orange Drive in West Hollywood. Officials say they were conducting a pedestrian stop when a vehicle rear-ended their squad car. The deputies were not hurt in the crash. The driver allegedly registered .24 and .22 blood alcohol content (BAC) readings during the preliminary alcohol screening tests, which is nearly three times the legal limit of 0.08 percent. She was treated at a nearby hospital and detained on suspicion of driving under the influence (DUI).

You can face criminal charges for driving while under the influence of alcohol or drugs with a blood alcohol level of .08 percent or higher. Under California Penal Code 23152 (b), you can be found guilty of DUI if your BAC is .08 percent or greater regardless of whether you were actually under the influence of alcohol or drugs. The prosecution only has to prove that you drove a vehicle and that your BAC was above the legal limit.

There are enhanced consequences for those with a BAC of .15 percent or higher. Before 2006, enhanced penalties were reserved for drivers with a BAC of .20 percent or higher, but now individuals with a BAC of nearly twice the legal limit will face a six-month alcohol program instead of a three-month program.

Continue reading "Woman Charged with DUI after Crashing into Squad Car" »

Some sex offenders are required as part of their probation to wear GPS tracking devices. It is against the law to tamper with a GPS tracker and a new bill that is currently under consideration will send offenders who remove their devices to state prison. According to a news report in The Los Angeles Times, the bill passed its first legislative committee on April 30. If it becomes law, a first offense would result in a mandatory 180 days in county jail. A second offense would result in up to one year in county jail and a third offense would be punishable by a prison sentence. If it passes, this new bill would affect about 8,000 paroled sex offenders who are currently required to wear electronic monitors.

As the law stands now, the maximum penalty you can face for removing a GPS device is 180 days in county jail. This new bill substantially increases the penalties, but it is not the toughest bill that has recently come up for debate. At least one measure backed by Republican leaders called for prison sentences for first-time offenders.

Continue reading "New Bill Would Send Sex Offenders Back to Prison" »

Comedian Kevin Hart, 32, was arrested for driving under the influence after nearly crashing his Mercedes into a tanker truck. According to a CBS Los Angeles news report, he was arrested on the 101 Freeway in Los Angeles. Officials say he was traveling at speeds close to 90 mph when he nearly slammed into a gas tanker.

He allegedly failed a field sobriety test and was booked for misdemeanor DUI. Later that day, the comedian took to Twitter to discuss his situation. He wrote: "Drinking and driving is not a game or a laughing matter. People have lost lives." He also tweeted: "This is a wake up call for me, I have to be smarter and last night I wasn't."

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Former Disney television star, Orlando Brown, has been arrested for drunk driving in Los Angeles. The Los Angeles Times reports that the 25-year-old "That's So Raven" actor was arrested on Lankershim Boulevard in North Hollywood. He is being held on a $26,000 arrest warrant from a previous DUI arrest. The actor was arrested earlier in August of 2011. It is not clear if he was given a blood alcohol test during the most recent incident or what signs of intoxication he exhibited that led to the traffic stop.

There are harsh punishments and consequences in store for drunk driving convictions in Los Angeles, including jail time, lengthy driver's license suspensions, probation, fines, court fees, insurance rate hikes and alcohol treatment classes. These penalties increase significantly if the DUI is a repeat offense. Punishment and sentencing for a first-time misdemeanor Los Angeles DUI can include:

• Up to six months in a county jail
• Informal probation for up to five years
• Fines between $390 and $1,000
• A court-approved alcohol or drug education program
• Driver's license suspension

Continue reading "Disney Star Arrested for Driving under the Influence" »

A 29-year-old man has been sentenced to 17 years to life in prison after being convicted of killing a 48-year-old woman in an Orange County DUI incident. According to a CBS Los Angeles news report, the fatal crash occurred on Moulton Parkway in Laguna Niguel in 2011. Officials said the man ran a red light in his Toyota SUV, lost control, and fatally struck the 48-year-old woman. Police say that the man was under the influence of a variety of drugs at the time of the crash and that he had two previous DUI-related convictions. He was convicted of second-degree murder in February.

A majority of DUI cases in California are misdemeanor offenses. Under California law, however, a DUI can result in felony charges under certain circumstances. Felony charges are typically filed in drunk driving cases when serious injury or death has occurred or if the driver had prior DUI convictions. A fourth DUI, for example, is automatically a felony whether or not someone was hurt in the incident.

Continue reading "Repeat DUI Offender in Los Angeles Convicted of Second-Degree Murder" »

Rapper Todd Anthony “Too Short” Shaw was arrested in Los Angeles for driving under the influence and for possessing meth. According to a Fox News report, Los Angeles prosecutors have dropped the possession charges related to the March 20 incident. The Los Angeles District Attorney dropped the meth charge against the West Coast rapper but has sent the drunk driving charge for review to the city attorney. The rapper's agent told CNN that any trace of meth on Shaw must have come from the "dirty patrol car" which he was forced to travel in.

Shaw could still face charges for drunk driving as he allegedly had a blood alcohol content level of .09, which is slightly over the legal limit. Under California law, anyone with a .08 percent blood alcohol level or higher will face DUI penalties.

Continue reading "Rapper “Too Short” Will Not Face Meth Charges" »

A 28-year-old Los Angeles man has been arrested for allegedly violating the restraining order his ex-wife filed against him. According to a news report in The Santa Monica Mirror, the man was arrested in the 1400 block of Lincoln Boulevard in Santa Monica. Officers say his ex-wife refused to let him enter her residence and called the authorities when he refused to leave. He was arrested and charged with violating a domestic violence restraining order, and his bail was set at $60,000.

There are many consequences that result from being convicted of domestic violence in Los Angeles. A misdemeanor domestic violence conviction can result in:

• a jail sentence of up to one year in county jail;
• mandatory attendance in a counseling program;
• up to 40 hours of community service or physical labor;
• substantial court fines;
• a stay-away order from the victim including the requirement of moving out of a shared residence;
• "No Harm, No Strike" order; and/or
• creation of a criminal record.

Continue reading "Ex-Husband Arrested for Violating Restraining Order" »

There are severe penalties for drunk driving in Los Angeles and a recent report by the Automobile Club of Southern California shows that the true cost of a DUI (driving under the influence) conviction can be staggering. As reported by The Los Angeles Times, a first-time misdemeanor DUI conviction can cost up to $15,649 in California. That reflects an increase of 29 percent from 2011.

Furthermore, the cost of a drunk driving offense when the driver is underage can cost as much as $22,492. These estimates include the cost of state and local fines, restitution, penalties, legal fees, and increased insurance costs. The estimates do not, however, include lost wages, loss of employment, bail, or vehicle damage.

Continue reading "The Shocking Cost of a First-Time DUI Conviction in Los Angeles" »

When a convicted sex offender is released from prison, he or she may be required to wear an electronic monitoring device at all times. Before October of 2011, the penalty for removing a GPS monitoring device was up to a year in state prison. Now, the maximum penalty for tampering with a device while on parole is up to 180 days in a county jail. Officials say that it is allegedly common for paroled sex offenders to only serve a few days for this offense before being released due to budget cuts and overcrowding in jails. Some believe that there is a correlation between this reduction in punishment and the increase in GPS tampering offenses.

According to a KPCC news report, more than 2,276 paroled sex offenders reportedly removed their GPS monitoring devices last year. That is a 20 percent increase from two years ago when the new law took effect. Paroled offenders should be aware, however, that there is no guarantee that they will be released early and that law enforcement officers make every effort to track down individuals who have cut their GPS monitoring system.

Continue reading "Report States More Paroled Sex Offenders are Difficult to Track" »

Singer Bobby Brown has been sentenced to jail time after he pleaded guilty to his second driving under the influence (DUI) charge. According to a report by The Los Angeles Times, Brown will serve 55 days after entering no-contest pleas to driving under the influence and driving on a suspended license.

His license suspension resulted from a prior DUI conviction last year. The judge imposed a 10-day sentence for driving drunk, an additional 10 days for driving on a suspended license, and 35 days for probation violation. In addition to his jail sentence, the singer will also have to attend three Alcoholics Anonymous meetings a week and be on summary probation for four years.

There are serious consequences for a drunk driving conviction in California and those penalties increase for repeat offenses. Generally speaking, a first-time offender can expect to face three years of probation, fines between $1,500 and $2,000, a lengthy license suspension, and a four-month alcohol class. In some cases, a driver can even face jail time for a first offense.

Continue reading "Bobby Brown Sentenced to Jail on DUI Charge" »

In a landslide vote on November 7, 2012, 81.1 percent of California voters approved Proposition 35, which increases prison sentences and fines for those convicted of human trafficking. According to a February 21 report by The Daily Titan, the American Civil Liberties Union (ACLU) and Electronic Frontier Foundation have jointly filed a suit claiming that Proposition 35 is unconstitutional.

Under Prop 35, those convicted of human trafficking since July 1, 1944 will have to register as sex offenders and report their Internet providers, identifiers, email, and user names to local law enforcement. They will even have to report comments and blogs they may have posted online.

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