California Criminal Lawyer Blog

A 43-year-old Orange County man has been accused of drunk driving and speeding in connection with a car accident, which killed a woman on the 10 Freeway in El Monte. According to a news report, the man has been charged with one count each of gross vehicular manslaughter while intoxicated, DUI causing injury, and driving with a blood alcohol content of 0.08 percent causing injury. Officials say the deceased woman was a passenger in a car that was hit by the alleged drunk driver. The driver was apparently traveling at more than 120 mph.

If you have been accused of felony drunk driving and/or vehicular manslaughter in Los Angeles or Orange County, you are looking at serious consequences including jail time, loss of driver's license, hefty fines, and other severe penalties. California Vehicle Code Section 23152 (a) states: "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." The same code section also states that in California it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.

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A husband and wife were arrested and charged with running a prostitution ring out of two upscale apartment buildings in Pasadena and Irvine, according to a Los Angeles Times news report. The couple allegedly managed about two dozen women, who officials say, charged $200 per hour. In addition to the couple, four other men between the ages of 20 and 45 were also arrested on prostitution charges. The couple is facing charges of pimping and pandering. Officials said they initially suspected that human trafficking was involved, but later discovered that the women were attracted to the Los Angeles and Orange County business because of relatively higher pay.

According to California Penal Code Section 647 (b), committing prostitution means "any lewd act between persons for money or other consideration." Pandering, defined under Section 266 i of the California Penal Code, is considered to be a crime committed by a pimp – recruiting prostitutes and soliciting customers for prostitution services. If you are convicted of prostitution or pandering, you are looking at significant jail time, probation, community service, AIDS testing, fines, and other penalties.

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Police are looking for a suspected drunk driver, who they say, fled the scene of a fatal car accident in Los Angeles. KTLA News reports that the accident occurred on the Santa Monica (10) Freeway at La Brea Avenue. A 2005 BMW, traveling at a high rate of speed, rear-ended a pickup truck, causing it to overturn, California Highway Patrol officials said. A 20-year-old passenger in the BMW, died at the scene. Another passenger in the car and the driver of the truck also sustained moderate injuries.

Those arrested for drunk driving in Los Angeles may either be charged with a misdemeanor DUI offense or a felony, which is a much more serious charge. Usually, when a DUI arrest does not involve an accident, injuries, fatalities or major property damage, it results in a misdemeanor charge. When a DUI accident does involve deaths, injuries or major property damage, the driver will most likely be charged with a felony. When fatalities are involved, the driver could also face gross vehicular manslaughter charges.

California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of (DUI) Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was …, in an unlawful manner, and with gross negligence."

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A new California law, effective this year, requires anyone convicted of DUI in Los Angeles County to install an ignition interlock device in his or her vehicle. According to news reports, Los Angeles is one of seven California counties where this pilot program goes into effect starting July 1, 2010. What this law means is that even if you have been convicted of drunk driving for the first time, you need to install an ignition interlock device in your vehicle.

What is an ignition interlock device or IID? Basically, these are devices that require you to blow into them. If the device detects alcohol from your breath, it will not let you start the vehicle. The devices may be pre-programmed to measure the level of alcohol in your breath. For example, you could have it set or the court could order you to have it set at 0.02 (approximately one drink). Therefore, if you blow a 0.02 or more, you will not be able to start your vehicle and you would potentially be in violation of your drunk driving probation and be sent to jail.

If you are ordered to have an ignition interlock device installed, you will have to pay the fees for renting the IID alcohol detection device and for having it installed in your vehicle. The installation could cost you anywhere between $100 and $200. The monthly rental fee can range from $70 to $100. These fees do not include the additional charges for maintenance or having the device calibrated.

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A history teacher at a Cypress school has been charged with sex crimes against a 17-year-old student, according to a news report in The Orange County Register. The 42-year-old history teacher has been accused of one misdemeanor and six felonies that allegedly took place on six separate occasions. Police have apparently obtained about 11 pages of sexually explicit text messages the teacher sent to the girl in September and October. According to the report, the girl's mother discovered the text messages and handed them over to police.

And in another recent high profile case, a former California Highway Patrol Lieutenant, was found guilty Tuesday in an Orange County court of attempted lewd acts on a child. Had had sent text messages to an undercover police officer who was posing as a 13 year old female.

Sex crimes, such as child molestation, are among the most forcefully prosecuted and severely punished offenses in our criminal justice system today in Orange County. Even if you are not guilty of the sex crime allegations, when you hold a profession, such as a teacher, police officer, or someone respected in society, you run the risk of ruining your reputation and losing your livelihood. Many sex offense defendants are drastically affected by sex crime charges, even if they are not convicted. This is especially true with regard to crimes involving children or minors. If convicted of a sex crime in Orange County, you may encounter extremely serious consequences including a lengthy prison sentence and registration as a sex offender for the rest of your life.

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