Posted On: June 30, 2010

California DUI Checkpoint Leads to Many Citations

A recent Press Enterprise story reported that a Riverside sobriety checkpoint yielded only one DUI arrest. Officials say 2,830 vehicles went through the checkpoint. Of those vehicles, 1,110 cars were stopped. 93 citations were written (traffic citations are usually written for traffic or minor offenses), 74 vehicles were impounded, 58 drivers had suspended or revoked licenses and one person was arrested for a DUI.

If you are arrested or cited at a California DUI checkpoint, you should know about the rules police officers must follow at a checkpoint. First, the location of all checkpoints must be made public in advance of the checkpoint. They must advertise the location through television or newspaper ads. Police officers are supposed to pull over vehicles by a mathematical formula. They are not supposed to profile drivers or stop drivers because of their appearance. If you are pulled over because an officer thinks you may be intoxicated, you may be asked to perform field sobriety tests, commonly referred to as FST’s.

A DUI charge must be taken seriously. Even a first-time conviction can lead to jail time, fines and mutliple points on your license. If you are a commercial driver, you may lose your commercial driver's license and lose your job if you are convicted for DUI. If you travel for work, you may have to find other means of transportation to continue working; as license suspensions or license revocations can last for up to three years for a DUI charge. Repeat offenders face even more severe charges. If you have been accused of DUI, please contact a Southern California DUI attorney.

The Southern California DUI lawyers of Takakjian & Sitkoff aggressively defend those charged with driving under the influence. We will conduct a thorough and independent investigation and work hard to get the best possible result in your case. Call us today at 866-430-8383 to discuss your Los Angeles or Orange County DUI case.

Posted On: June 29, 2010

California Considering Marking Sex Offenders’ Licenses

California is considering legislation that will put a distinct mark on sex offenders' driver's licenses. The Huffington Post reports that the mark could be a distinctive stripe or color. Assemblymen Paul Cook and Pedro Nava authored the bill, which either marks driver's licenses of sex offenders or forces them to carry a new government-issued ID card. This bill is just another possible penalty in a long line of legislation imposing harsh penalties for convicted sex offenders in California.

Convicted sex offenders don’t just face jail time and fines in California. Sex offenders are already required to register in the city in which they live. A few clicks online by their neighbors will bring up their address, information and sometimes even a photo. Convicted sex offenders face numerous challenges including finding a place to live and finding employment. These laws, restrictions and penalties are little consolation to the victims of sex crimes, but they are substantial and life-changing for wrongfully accused sex offenders.

If you have been charged with a sex crime, you should contact a California sex crime defense attorney. Do not speak with police until after consulting with a sex crimes defense lawyer. Remember, anything you say to the police or prosecutors will be used against you in court during your sex offense trial.

The Los Angeles sex crimes defense attorneys at Takakjian & Sitkoff understand what is at stake in a sex crime case. We aggressively defend our clients and work hard to get cases dismissed and charges reduced. Call us today at 866-430-8383 for a free sex crimes consultation and case evaluation.

Posted On: June 24, 2010

Penalties for Boating under the Influence

Summer is here. Law enforcement agencies across the nation have launched safety awareness campaigns especially relating to driving under the influence, which usually increases during the summer months. What many of us do not realize is that a number of arrests for being under the influence of alcohol also occur on the water. The dangers of drinking and driving are common knowledge, but the risks of drinking and driving a boat or "boating under the influence" are less known.

According to statistics and reports, boaters with a blood alcohol content level of over 0.10 percent are 10 times more likely to die in a boating accident then someone boating sober. Also, 34 percent of all fatal boating accidents every year happen as a result of someone drinking and operating a boat

The penalties for being convicted of boating while intoxicated in Southern California can be as severe as a DUI. Penalties include fines, jail time and probation. Obviously, boating under the influence is a serious crime that can have terrible consequences, but being wrongfully charged with a BUI is also a big deal. Don’t leave your future up to chance. If you have been charged with boating under the influence, call a California boating under the influence defense lawyer right away.

If you choose to drive a boat this summer, please keep the alcohol on shore and practice safe boating habits. If you have been charged with a boating under the influence of alcohol or drugs, do not hesitate to contact the skilled BUI and DUI attorneys at Takakjian & Sitkoff. We have offices throughout Southern California in Los Angeles, Orange, San Bernardino, San Diego Riverside and Ventura counties. Call 866-430-8383 for your free consultation. We can help.

Posted On: June 22, 2010

Ignition Interlock Devices for CA DUI Offenders

An ignition interlock device, or IID, tests a driver’s breath and prevents a vehicle’s engine from starting, when the individual is determined to be have too much alcohol on their breath or they a under the influence of alcohol. A driver must first blow into a small handheld alcohol sensor that is connected to the dashboard. This device has a preset acceptable blood alcohol level which is usually around .02 percent and .04 percent.

If the person’s breath shows a blood alcohol level higher than the pre-set level, the car will not start. Many of these devices also have a rolling retest that forces the driver to breathe into it again during the drive. This is to ensure that a friend didn’t take the test for the driver and then let the driver leave on his or her own.

A number of states including California are beginning to require IIDs for repeat DUI offenders or even first-time offenders. There is no question that having to install an IID adds to the cost of a DUI. The cost of installing and maintaining an IID is about $60 a month. California is one of several states that mandate ignition interlock devices for repeat DUI offenders. Counties such as Los Angeles and Orange can even require IIDs for first-time offenders.

The Los Angeles and Orange County DUI defense lawyers at Takakjian & Sitkoff know how important it is to prevent wrongful DUI convictions. The penalties for a DUI conviction are too severe to leave your drunk driving case up to chance. You need an experienced and aggressive DUI lawyer to fight for your rights. Call 866-430-8383 for a free and comprehensive consultation.

Posted On: June 17, 2010

The Role of Search and Seizure Laws in Drug Crime Cases

The Fourth Amendment was created to protect the personal rights and privacy of American citizens. It gives people the right "to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures." This law dictates how specific warrants must be sought, made and executed. When dealing with drug cases, this amendment becomes particularly important. How the police find and confiscate the drugs are crucial in any drug crime case. There are a number of factors that determine if the search and seizure of admissible evidence is valid in court.

The Fourth Amendment applies when you have a legitimate expectation of privacy. Did you expect some degree of privacy and was that expectation reasonable? For example, when you are in a public restroom, you expect to have privacy. A hidden camera in a public restroom or in the privacy of a hotel room is not legal police conduct. Did you give “consent” to the officer to search your car? Did the officer conduct a search of your pockets without your permission? Each of these could be a violation of your Fourth Amendment Rights.

If drugs are found in an illegal search, they cannot be used directly as evidence in a criminal prosecution. This is known as the exclusionary rule. While some believe this is an unfair loophole that lets criminals off on a technicality, others believe it is part of our rights as Americans to protect our privacy. The type and quantity of the drugs found dictate how serious the charges could be. If more drugs are found than one person can reasonably have for personal use, charges to distribute or possession for sale drug charges may be filed. Again, what the police did and how these drugs were obtained could make the difference between considerable fines and jail time versus having your case thrown out.

The Los Angeles and Orange County drug crime defense lawyers at Takakjian & Sitkoff understand the charges you are facing and how best to come up with a solid defense strategy. By examining your case carefully, we may be able to lessen your charges or have the case thrown out. Call us for a free consultation about your case 866-430-8383.

Posted On: June 15, 2010

The Requirement to Register as a Sex Offender

A major consequence of being convicted of a sex crime in California is the requirement to register as a sex offender. As a sex crimes registrant, the public has access to your address, photograph and the crimes you have been convicted of through the Department of Justice's Megan's Law database.

Megan's Law, named after 7-year-old sex crime victim Megan Kanka, was passed on August 24, 2004. It was signed into law in September 2004. This database aims to provide the public with information about sex offenders in their area.

Registering as a sex offender in Southern California seriously affects an individual who has been convicted of a sex offense or served time in prison. However, a person is still penalized once they are back in society, even after they have served their sentence. Some sex offenders who are "found out" by their neighbors through the database may feel pressured to leave the neighborhood. A number of sex offenders end up living in motels because they cannot even rent a home without neighbors protesting. This is probably one of the most serious consequences of being convicted of a sex crime in Los Angeles or Orange County. Even false allegations of a sex crime are usually sufficient to taint your reputation for a lifetime. A conviction takes it several steps further by putting you on a database and branding you as a "sex offender" for life.

Please do not let this happen to you. Obviously defending yourself against any criminal charge is important, but proving your innocence in a sex crime case can significantly affect your future and how you carry out the rest of your life. The Los Angeles sex crime defense lawyers at Takakjian & Sitkoff have a reputation for fighting aggressively on behalf of their clients. Call us at 866-430-8383 for a free consultation.

Posted On: June 10, 2010

What are the Consequences of a DUI in California?

California has a long history of initiating harsh penalties on drivers convicted of driving under the influence. Even a first offense for drunk driving can lead to serious consequences. If you are over 21-years-old and are convicted of driving under the influence in California, you are facing:

  • Suspension or revocation of your driving license

  • Significant fees and fines

  • Jail time

  • Mandatory alcohol/drug treatment programs

  • Impoundment of your vehicle or the installation of an Ignition Interlock Device (IID)

Any adult convicted of a DUI will be jailed for at least 48 hours. Considering the potential loss of wages, the fines and the potential increase in your car insurance, a single DUI conviction can quickly become extremely expensive. These are the minimum potential penalties. If you are involved in an accident that results in personal injuries or death, the penalties can become much more severe.

An experienced Los Angeles DUI accident defense attorney will fight for the best possible outcome in your case. Skilled attorneys will often investigate whether all of a person’s legal rights were upheld during his or her arrest. In many instances, the charges being held against an individual may be reduced if proper procedures were not carried out by law enforcement during a vehicle stop or an arrest. In other situations, a defense attorney can even get your charges dismissed.

The aggressive and knowledgeable DUI defense lawyers at Takakjian & Sitkoff aggressively fight for our clients. Calling 866-430-8383 today will connect you with a California criminal defense attorney ready to provide you with a free consultation for your case. Call us today to find out how we can help. Do not face these potentially life-changing charges alone.

Posted On: June 8, 2010

Orange County Auto Body Shop Insurance Fraud Sting Results in Several Arrests

A five-month-long sting operation in Orange County has resulted in 53 auto body repair workers, including 24 repair shop owners, being charged with insurance fraud. According to an OC Register article, “Operation Straight Body” was geared towards discovering automobile repair shops engaging in fraudulent insurance practices. Every arrested body shop worker and/or owner has been charged with one felony count of insurance fraud in Orange County.

While government officials state that the auto body shop sting operation in Orange County will help prevent taxpayers from paying hefty sums for fraud through higher insurance rates, many of the arrested individuals and some of their employers are skeptical about the procedures and legalities of the operation.

The sting operation revolved around Orange County District Attorney investigators pretending to be body shop customers. The undercover investigators apparently asked shop workers if they could repair new damage to a car in addition to damage sustained before the car was purchased – all under the same insurance estimate. Since insurance claims are not allowed to be filed for old damage, acquired before a policy has been issued, the body shop owners and employees who allegedly agreed to an undercover investigator’s request were arrested. However, they may be innocent. The actual wording used by the undercover investigator is extremely important. If all of the damage was to be paid by the alleged owner of the car or if the claim were to be paid by an insurance company allegedly for only one traffic collision, and if any misrepresentations were made by the investigator, this could cause all charges to be dismissed.

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Posted On: June 8, 2010

Driver Arrested For DUI in Irvine

A driver was arrested for drunk driving in Orange County after he allegedly struck two other vehicles on the 5 Freeway in Irvine. According to a news report in The Orange County Register, the driver of a Dodge Dakota struck a Toyota Tundra and a big rig. The accident reportedly caused injuries. The driver of the Dodge was given a field sobriety test and was then arrested for driving under the influence.

There are many details that go into the defense of an Irvine drunk driving charge. Was a Breathalyzer test given? If it was, when was the last time the Breathalyzer was calibrated? Were the rights of the accused followed during the arrest?

It is important to consult a skilled DUI Irvine defense attorney if you face DUI charges. The stakes are too high not to. Multiple drunk driving convictions carry even greater penalties. A first-time DUI offense could result in a six-month jail sentence, six-month license suspension and monetary fines of up to $1,000. A second DUI offense could result in a one-year jail sentence, two-year driver's license suspension and more severe fines.

In 2009, California passed a number of new DUI laws to mandate ignition interlock devices and require group counseling for all convicted drunk drivers. Please remember that if you have been arrested for drunk driving, you have legal rights, including the right to legal representation. DUI defense lawyers at Takakjian & Sitkoff understand complex California drunk driving laws and know how to defend your legal rights. Call us today 866-430-8383 for a free consultation and case evaluation.

Posted On: June 3, 2010

Eight Arrested On Drug Charges in San Luis Obispo

The San Luis Obispo County Narcotics Task Force arrested eight people on drug charges at a 420 festival. Central Coast News reports that the festival took place at the Pozo Saloon in Santa Margarita. The eight individuals arrested are all in their 20s and face a litany of drug charges from possession of drugs to sale. Some have been arrested and charged with selling a controlled substance. Others were charged with possession for sale of a controlled substance. All eight were charged with Health and Safety Code Section 11352. This safety code involves the possession of a controlled substance without a prescription.

An experienced California drug crime defense lawyer will investigate an individual’s case to ensure that his or her Constitutional rights were not violated when evidence was being gathered, or during arrest or interrogation procedures. Attorneys must be well aware of search and seizure laws and be able to immediately assess whether the defendants' constitutional rights were violated.

A drug crime conviction can change your life forever. Even if you are able to lessen the charges against you, any conviction can hurt your employment prospects and subsequently your finances and your future. It’s important to meet these charges head-on with a skilled criminal defense lawyer who knows how to break down each detail of your case and build a strong, effective defense strategy.

Calling 866-430-8383 will connect you with an aggressive and knowledgeable drug crime defense attorney who can provide you with a free consultation. Takakjian & Sitkoff is a renowned Southern California criminal defense law firm with a stellar reputation and successful track record of defending clients against serious drug charges. Call us today to find out how we can help.

Posted On: June 1, 2010

Chelsea's Law to Increase Penalties for Sex Offenders in California

Every day the momentum for Chelsea’s Law grows and becomes close to being a reality in California. According to the San Diego Union-Tribune, Governor Arnold Schwarzenegger has officially stated that he supports the law. Chelsea’s Law is named after Chelsea King, a San Diego girl who was tragically murdered by a registered sex offender. If passed, this law will strengthen and increase the penalties for sex offenses. Any sex crime conviction in California imposes grave consequences upon an individual. But, with Chelsea's law, the punishments are about to become much more harsh.

Chelsea’s Law increases penalties enforced on sexual predators. It creates a one-strike provision that could lead to life without parole for the most serious of sex crimes. Another provision makes it a misdemeanor for a registered offender to be in a park or a public place where children may be present, without first seeking permission. Assembly Bill 1844 allows punishments for sex crime convictions to be altered depending on the age of the victim and the harm caused.

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