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.

Continue reading "Man Accused of DUI, Gross Vehicular Manslaughter" »

A 29-year-old Norwalk man was arrested, following a fatal car crash, for drunk driving after his 2000 BMW M3 collided with another a Toyota Celica, killing its 42-year-old driver. According to a Fox News report, the fatal car accident occurred on the transition road from the westbound 105 Freeway to the northbound 710 Freeway. The Toyota hit a curb and rolled over. The driver was pronounced dead at the scene. The driver of the BMW sustained moderate injuries, but was later arrested for drunk driving.

According to California Highway Patrol's traffic accident statistics, there were 268 deaths and 5,169 injuries involving alcohol-related car accidents in Los Angeles County in 2007. In Orange County, 75 deaths and 1,501 injuries were reported as a result of DUI car accidents in 2007.
Driving under the influence or DUI is a serious violation of California law. If the car accident results in serious injury or death, the driver accused of causing the accident could be looking at vehicular manslaughter charges or even murder.

Continue reading "Drunk Driver Arrested after Fatal Car Crash in Los Angeles" »

In Orange County Superior Court, a Westminster city councilman has been convicted of driving under the influence with a blood alcohol level of 0.26 percent – which is more than three times the legal limit of 0.08 percent. According to a FOX news report, the councilman was involved in a car accident after he clipped another vehicle and crashed into a power pole. Neither he nor the occupants of the car he clipped were hurt in the drunk driving traffic collision.

Prosecutors charged the councilman with misdemeanor DUI and a high alcohol reading enhancement of driving while under the influence of alcohol with a blood alcohol level of 0.20 percent or higher. The councilman apparently reached a plea deal with prosecutors and was sentenced to three years of probation, a 10-day work program, approximately $2,000 in fees and a nine-month alcohol awareness program.

If you are first-time DUI offender and your car accident does not involve injury to others, then you may not get jail time. Prosecutors may charge a misdemeanor DUI in these cases. However, if your DUI accident involves significant property damage and injuries to others, then you are looking at jail time and the possibility of a felony. If there are fatalities involved, then California vehicular manslaughter charges may be filed. A felony charge is a more serious charge than a misdemeanor because the chance of jail time or state prison and greater penalties is possible.

Continue reading "Orange County Court - Westminster Councilman Pleads Guilty to DUI" »

An 18-year-old Orange County man was reportedly the first juvenile to be charged as an adult with murder in a drunk driving crash. According to this news report, he was 17 at the time of the Orange County DUI accident, which killed his teen passenger, a Tustin girl. An Orange County jury found the teen driver guilty of one count of second-degree murder for being drunk behind the wheel and one misdemeanor count of driving without a license. His driver's license had apparently been suspended the day before the fatal car accident.

The teen driver reportedly had several drinks during a party in his Santa Ana home and crashed into a pole while driving his Mercedes between 102 and 112 mph, prosecutors said. He had a blood alcohol level of 0.11 percent, which is above the legal limit of 0.08 percent. The teen, convicted of DUI and second-degree murder, faces 15 years to life in state prison when he is sentenced in October.

Continue reading "Teen Driver Convicted of DUI Second-Degree Murder" »

A 37-year-old Orange County man has been arrested for felony driving under the influence and vehicular manslaughter in connection with death of his passenger in a July 26 traffic accident. According to this news report in The Orange County Register, the defendant was driving an SUV on a Santa Ana street when he lost control and struck a tree. The SUV rolled over and the passenger was ejected and sustained fatal injuries.

Driving under the influence – whether it's alcohol, recreational drugs or prescription drugs -- is a serious crime in California especially when it involves a serious injury or fatality. A driver whose act of driving under the influence results in the death of another will likely face 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 Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Continue reading "Man in Santa Ana Charged with DUI and Vehicular Manslaughter" »

The California DUI law firm Takakjian, Sowers & Sitkoff LLP is pleased to announce the launching of its new drunk driving defense website, which provides valuable information regarding DUI-related offenses in California and the legal matters surrounding them. Considering that DUI laws in California are some of the most strict and complicated, the site, www.californiadrunkdrivingdefense-lawyers.com/, provides resources and particulars regarding DUI penalties, underage DUI, field sobriety tests, vehicular manslaughter, and much more.

The attorneys at Takakjian, Sowers & Sitkoff LLP have acquired a broad range of skill and knowledge in drunk driving defense and hope to help educate and warn the public about how the consequences of a DUI conviction vary depending on the circumstances of a particular incident. In order to be arrested for driving with an alleged blood alcohol level of .08% or above, law enforcement must conduct specific tests that can sometimes be faulty due to defective equipment or improper execution. The complexities of these tests are also explained on the site to help drivers understand what they may confront if pulled over for being suspected of driving under the influence.

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A 20-year-old man was arrested for murder, hit-and-run and driving under the influence after an accident in the Angeles National Forest where he allegedly crashed his car into a group of bicyclists. According to this news report, a 43-year-old bicyclist was killed and two others were hospitalized with serious injuries.

A Los Angeles drunk driving offense can be either a misdemeanor or a felony. In cases where there is serious injury or death and the driver is suspected of being under the influence, he or she could be charged with manslaughter or murder in addition to felony drunk driving. Obviously, these are extremely serious charges that present serious consequences including lengthy jail or prison time, hefty fines and suspension or revocation of driver's license. A murder or manslaughter conviction could have long-lasting consequences.

Continue reading "Angeles National Forest DUI, Murder Charges: Bicyclist Killed, 2 Injured" »

An 11-year-old boy died in a Ventura County car accident after his aunt, who police say may have been under the influence of prescription drugs at the time, crashed their car. According to a news report in The Orange County Register, the boy sustained severe head, lung and spine injuries. His aunt was reportedly driving her SUV with the boy in the rear passenger seat when she failed to stop at a stop sign and crashed into a pickup truck at a Ventura County intersection. She was arrested for driving under the influence of prescription drugs.

Under California law, it is illegal to operate a motor vehicle under the influence of alcohol or drugs – whether the drugs are recreational or prescription drugs. If an incident results in fatal injuries to a person other than the intoxicated driver, the defendant could be looking at felony DUI as well as CA vehicular manslaughter charges, which have serious consequences including jail time and hefty fines.

Continue reading "Ventura County Fatal DUI Crash, Woman Arrested " »

A 20-year-old man was arrested in Riverside for driving under the influence after he allegedly caused a rollover accident, which killed an 18-year-old girl, who was a passenger in his car, The Press-Enterprise reports in an article. The teen died at the scene of the accident because officials say she wasn't wearing a seatbelt. She was ejected from the 1995 Mazda MPV. Police later arrested the man for DUI in California. Hewas apparently driving south on Riverwalk when he hit a curb, causing the car to slide on its side until it hit a tree in the center median and overturned. The vehicle landed on its roof.

When there is a death involved in a DUI-related auto accident, the suspected drunk driver or defendant may also be charged with vehicular manslaughter in addition to felony DUI. These are extremely serious charges with life-altering consequences. If convicted of vehicular manslaughter, you could be looking at lengthy prison time and hefty penalties.

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 Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”

Continue reading "Man Arrested for DUI after Rollover Accident" »

A 23-year-old man has been sentenced to six years in prison for striking and killing a Thousand Oaks jogger in August 2008. According to this news report in the Camarillo Acorn, Nicholas LaGrotta pleaded guilty in November to gross vehicular manslaughter in California after the Subaru Forester he was driving struck and killed 46-year-old Karey Marsh as she was jogging on Lindero Canyon Road. Marsh was pronounced dead at the scene. LaGrotta reportedly had a blood alcohol level of 0.08 percent and prosecutors had sought the 10-year maximum penalty. The judge also ordered LaGrotta to pay $126,000 in restitution to Marsh's fiancé and $3,798 in damages to the city of Thousand Oaks.

The penalties for a felony DUI and vehicular manslaughter charges can be extremely severe. If convicted of these serious charges, you could be looking at several years in prison, hefty fines and restitution, and lengthy suspension or revocation of your driver's license. These consequences could have long-term effects on your personal life and career.

If you or someone you love has been charged with felony drunk driving or vehicular manslaughter in Orange, Los Angeles or Ventura counties, please call Takakjian, Sowers & Sitkoff LLP for a free, comprehensive and confidential consultation. Our experienced California DUI defense attorneys will conduct a thorough, independent investigation into your case and gather the evidence that is needed to make every effort to get your charges dismissed or reduced. A DUI case can be extremely complicated. The stakes are too high. Please do not take any chances. Our skilled criminal defense lawyers in California have the experience and the knowledge of the law and local courts that is necessary to get the best possible result in your case. Call us today at 866-299-4111 to schedule your free consultation.

A passenger in his 20s was reportedly killed on impact after a vehicle driven by a suspected drunk driver crashed into a street sign in Baldwin Village, CBS News reports in an article. The fatal DUI car accident in Los Angeles occurred at the intersection of La Cienega Boulevard and Rodeo Road, police officials said. The driver, a woman, was arrested and taken to the hospital in critical condition. Officials expect the driver will be charged with drunk driving after she is released from the hospital.

In the state of California, it is a crime to operate a motor vehicle while under the influence of alcohol and/or drugs. Driving under the influence can be a misdemeanor or a felony. If the DUI incident involves major injury or death to a person other than the alleged drunk driver, then it will almost always be charged as a felony, which is a more serious offense. In addition to a felony DUI charge, the defendant may also be facing a Los Angeles DUI vehicular manslaughter charge.

California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle… and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Whether you are facing a felony DUI charge or a vehicular manslaughter charge in California, you need the knowledge and skill of an experienced California DUI defense lawyer. You could be facing serious consequences if convicted including prison time and hefty fines. Please call Takakjian, Sowers & Sitkoff LLP at 866-299-4111 for a free consultation regarding your DUI case today.

Oscar Omar Guerca, 30, of Santa Ana was sentenced to 16 years in prison in connection with the death of a motorist who died when Guerca rear-ended his vehicle from behind. According to an article in The Orange County Register, Guerca pleaded guilty to vehicular manslaughter while intoxicated, hit-and-run with injury, a sentencing enhancement for fleeing the scene of the crash and misdemeanor driving on a suspended license.

Guerca was reportedly driving on the 55 Freeway near Chapman Avenue in a Chevy SUV the night of December 20, 2008 when traffic slowed down because of Caltrans work. Guerca struck 33-year-old Marco Antonio Aguilar from behind. Prosecutors say Guerca was traveling at speeds in excess of 100 mph. Aguilar died instantly. Officials say Guerca attempted to flee the scene, but was apprehended. He is said to have had a blood alcohol level of 0.13 percent two hours after the crash.

In California, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. 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 Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

If you or someone you love has been arrested on suspicion of felony drunk driving or vehicular manslaughter, you need an aggressive, knowledgeable and experienced Orange County DUI defense lawyer, who will either get you acquitted or your charges reduced. If convicted, you face some serious prison time and other hefty penalties. Please do not let this happen to you. Call Takakjian, Sowers & Sitkoff LLP today at 888-579-4844 to discuss your case and let us build your winning defense strategy.

Police arrested a man on suspicion of drunk driving in Rialto after he allegedly struck a vehicle, killing one woman and injuring three others during a police pursuit. According to this news report in the San Bernardino Sun, police arrested 19-year-old Johnny Morales on CA vehicular manslaughter charges because, officials say, he was driving under the influence of alcohol. Police officers attempted to stop Morales at the intersection of Foothill Boulevard and Rancho Avenue after they reportedly saw him make a traffic violation. He did not stop and police pursued him.

The chase ended when Morales rear-ended a 1991 Honda Accord that was making a left turn onto Foothill from Riverside Avenue. Margarita Rodriguez-Dominguez, a 40-year old Rialto resident who was one of the Accord's passengers, died. The driver and two other passengers were injured.

Drunk driving in California may be charged as misdemeanors or felonies. In this case, where it involved fatal and serious injuries, the defendant was charged with a serious felony – murder. The situation was worsened because Morales allegedly tried to flee from the police when they attempted to stop him.

If you have been charged with drunk driving, vehicular manslaughter or murder in California, please call a knowledgeable and experienced California DUI defense attorney at Takakjian, Sowers & Sitkoff LLP to find out how we can help you defend your DUI charge. Our goal is to keep you out of jail, get your charges dismissed or reduced and get you the help you need. Please call us today for a free consultation and case evaluation.

Andrew Gallo, 22, was arrested and charged with murder in connection with a orange County DUI hit-and-run car crash, which killed Angels pitcher Nick Adenhart and two others and left one man in critical condition. According to a Fox News report, Fullerton police officials say Gallo was speeding when he ran a red light and struck the Mitsubishi sports car in which Adenhart and the others were in. Gallo is facing murder charges, vehicular manslaughter, felony hit and run, felony DUI and other serious charges.

He was also said to be driving with a suspended license. His driving privilege was suspended following a prior DUI conviction, the news report states. Police also say Gallo's blood alcohol level was over the legal limit. In California, it is illegal to driver with a blood alcohol level of 0.08 percent or higher.

The charges that this driver is facing are extremely serious. The situation has clearly been worsened because of the number of violations and the seriousness of the violations Gallo has been accused of. In any DUI or traffic violation case, it is very important to seek the counsel of an experienced Orange County DUI defense attorney, who can help establish the facts and keep you from going to jail. If an incident involves serious injuries or death, as in this case, you may be charged with a felony.

Whether you have been charged with a misdemeanor or felony DUI in Orange County, please contact an aggressive and skilled California criminal defense lawyer at Takakjian, Sowers & Sitkoff for a free consultation and case evaluation. We will do our best to get your charges dismissed or reduced and strive to get the best possible result in your case.

A pedestrian who was struck and killed on the evening of February 3, 2009, by a suspected drunk driver has been identified by law enforcement officials as 75-year-old Ronald Sieler. The report from KFMB 760 AM states that Seiler was crossing the street at the intersection of Main Street and Third Avenue in Chula Vista when he was struck by a vehicle driven by Peter DiCesare, 45, address unknown. After the accident Seiler was transported to the University of California San Diego Medical Center where he was pronounced dead from his DUI causing injuries in California.

According to law enforcement officials investigating the accident, Seiler was struck in the 3100 block of Main Street. DiCesare was taken into custody and is facing charges of California drug possession and driving under the influence. DeCesare’s bail has been set at $150,000.

Continue reading "Chula Vista Drunk Driver Kills Pedestrian" »

Law enforcement officials recently released the name of an 11-month-old girl killed by a suspected drunken driver in a hit-and-run incident in the Westlake area, according to this article in the Los Angeles Wave. Witnesses reported that 11-month-old Yudith Ausencio, her 5-year-old sister, and their mother were struck while walking across the street near the intersection of Olympic Boulevard and Bonnie Brae Street just after 6 p.m. on Sunday, February 2, 2009.

Witnesses said that the mother and two small children were crossing the street in a marked crosswalk when they were struck by a hit-and-run driver who fled from the scene. Hours later, working on a license plate number and other information provided by witnesses, Police took 30-year-old Henry Yovanni Moreno, of Southgate into custody. Moreno faces a variety of charges, including felony hit-and-run, felony DUI, drunken vehicular manslaughter in California.

Moreno, originally from Honduras, is being held without bail in jail and local law enforcement officials are waiting to hear from U.S. Immigration and Customs Enforcement regarding Moreno’s immigration status. The mother of the slain baby is being treated for serious injuries, and her 5-year-old daughter was critically injured in the accident.

Continue reading "Westlake 11-Month-Old Baby Killed By DUI Driver Identified" »

According to this article in the Orange County Register, a Fullerton woman died early Sunday, February 1, 2009, from injuries she suffered when a suspected DUI driver ran a red light and struck her car in La Habra. Officials with the La Habra Police Department and the Los Angeles County Fire Department responded to the traffic accident around 1:30 a.m. and pronounced April Junhee Whang, 26, of Fullerton dead at the scene.

The crash is still under investigation but authorities say that Whang was southbound on Beach Boulevard in a 2004 Acura Integra and turned left onto eastbound Imperial Highway when it was struck by a 2003 Mazda 6. According to eyewitness accounts, the Mazda, driven by Brittany Deanne Schuetz, 20, of Irvine, failed to stop for a red light and struck Whang’s car at a high rate of speed. Schuetz was taken to UCI Medical Center for treatment and is being held by authorities on suspicion of felony DUI and vehicular manslaughter in California.

Continue reading "Fullerton Drunk Driver Kills Woman After Running Red Light" »

A fugitive who fled the country after allegedly driving under the influence in California and killing a motorcyclist in 2005 has been extradited to Orange County and will face felony charges, according to this recent Los Angeles Times article. According to law enforcement officials, former Hyundai executive, Youn Bum Lee, 41, of South Korea, had been drinking with colleagues at a Korean barbecue restaurant in Garden Grove in October 2005 and consumed more alcohol at a nearby karaoke bar.

Later that night, officials claim that Lee got into a company-owned Hyundai SUV and crashed the vehicle into a concrete barrier on Freeway 55 in Santa Ana. After the crash, Lee left the SUV at the site of the crash with its lights off. Sometime later, Ryan Dallas Cook was riding his motorcycle when he failed to see the crashed SUV, slammed into it, and was killed after being struck by other motorists. Around 24 hours after the accident, Lee boarded a plane to South Korea. Weeks later, Cook’s parents filed a lawsuit against Hyundai Motor America claiming that company officials helped Lee leave the country before he could be questioned by the police.

Continue reading "Santa Ana DUI Case Of Former Hyundai Executive" »