March 9, 2010

Series of Orange County DUI-Related Crashes Result in $75K in Damages

A 41-year-old Orange County man was arrested on February 9, 2010 for driving while intoxicated after a succession of hit and run crashes culminated in an estimated $75,000 worth of damage to a local storefront; according to a Corona Del Mar Today article. The alleged drunk driver drove his SUV onto the sidewalk and into trees, signs and a planter before crashing into the front of a psychic shop in Corona Del Mar, wedging his vehicle about a quarter of the way into the building. The man declined medical treatment and was arrested for DUI at the scene. He also faces possible charges for leaving the scene of an accident which can be charged as misdemeanor hit and run.

If a person is convicted of drunk driving, current California DUI penalties for first-time offenders incur a minimum sentence of a $390 fine, jail time and a six-month license suspension. Subsequent offenses can rack up more than a year in jail, fines of up to $1,000 and a license suspension of several years. Judges also have the discretion to require persons convicted of DUI to install an Ignition Interlock Device IID, undergo drug and alcohol treatment programs and participate in community service.

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February 16, 2010

Man Accused of DUI, Gross Vehicular Manslaughter

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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February 9, 2010

DUI Charges Expected in Fatal Los Angeles Car Crash

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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February 4, 2010

New Law Requires Ignition Interlock Devices for DUI Offenders

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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January 5, 2010

Drunk Driver Hits and Injures Three Workers in Los Angeles

A female driver was arrested for drunk driving in Los Angeles after she struck and injured three employees doing work on an underground vault for the Department of Water and Power. According to a KTLA News report, the three men were working in the 5800 block of Franklin Avenue in Hollywood, during the early morning hours, when the driver went through the work zone and hit them. The car apparently also hit a Los Angeles DWP vehicle that was parked in the work area. The woman was arrested for DUI. Two of her passengers were uninjured. However, the three workers were taken to the hospital with minor injuries.

If you have been arrested for DUI in Los Angeles, the first thing you need to remember is: you DO NOT have to plead guilty. DUI charges are usually based upon subjective opinions of the arresting officer. Law enforcement officials are trained to look for signs such as the smell of alcohol in the vehicle or on the person, slurred speech or red eyes. But you may have these symptoms even if you did not drink any alcoholic beverages. You're not guilty just because you got pulled over or arrested.

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December 29, 2009

Drunk Driver Arrested after Fatal Car Crash in Los Angeles

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.

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December 23, 2009

David Hasselhoff's Ex-Wife Arrested for DUI

Pamela Bach, ex-wife of "Baywatch" star David Hasselhoff, was recently arrested in Los Angeles for driving under the influence. According to a news report, Bach was pulled over on the Highway 101 at Laurel Canyon Boulevard in the San Fernando Valley. California Highway Patrol officials say Bach registered blood alcohol levels of 0.14 and 0.13 percent during a Breathalyzer test. Bach has a prior DUI arrest on her record in which she pleaded no contest to the charge in August. At the time, she was placed on three years of informal probation. Bach was also ordered to undergo an alcohol treatment program and not to drive with any "measurable amount of alcohol in her blood."

In the state of California, it is against the law to drive a motor vehicle under the influence of alcohol or drugs (California Vehicle Code 23152). The same vehicle code section also states that motorists must not drive with a blood alcohol level of 0.08 percent or higher. The consequences of repeat DUI offenses can be devastating and could include loss of driving privilege, jail time and steep fines.

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December 1, 2009

Ventura County School Bus Driver Faces DUI Charges

If you are caught driving under the influence on the job, especially if you are responsible for the lives of young children, you will be facing very serious charges. A recent report in the Ventura County Star talks about a school bus driver in Ojai who was arrested for driving under the influence while on the job. The drunk driving accident occurred when the 53-year-old female driver was trying to make a U-turn on an Ojai street. The bus struck a pickup truck.

There were 31 students in the bus but luckily no one was injured. The bus driver took a breath test and was booked for driving with a blood alcohol level of 0.08 percent or higher. California law prohibits commercial drivers, including bus drivers, from driving with blood alcohol levels of 0.04 percent or greater, although the legal limit for non-commercial drivers is 0.08 percent. The news report states that the driver admitted to drinking alcohol the night before. She has been charged with misdemeanor DUI and child endangerment.

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November 24, 2009

Nick Nolte's Son Arrested for DUI in Los Angeles

Brawley King Nolte, the son of actor Nick Nolte, was arrested for driving under the influence in Santa Monica, California, according to a recent news report. The 23-year-old Nolte was stopped and arrested by Santa Monica police officers after he reportedly tried to change lanes and collided with another car. He was taken into custody after allegedly failing field sobriety tests and showing signs of intoxication and was booked for DUI and possession of a controlled substance.

Both driving under the influence and possession of illegal drugs are serious crimes in California. California law prohibits drivers from operating under the influence of alcohol and/or drugs. California Vehicle Code Section 23152 (a): "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."

A common mistake that many DUI arrestees make when they are arrested is that they plead guilty. Many do not know that they may not be "guilty" just because they take a breath or blood test and have an elevated blood alcohol level. Also, even though a person is arrested for drug possession, it does not mean they will be found guilty either.

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November 19, 2009

New Law Will Require Ignition Locks for Convicted Drunk Drivers

California's Governor Arnold Schwarzenegger has signed two laws that will mandate drivers convicted of driving under the influence to install ignition lock devices that prevent vehicles from starting if alcohol is detected in the driver's breath. According to a news report, the bill written by Assemblyman Mike Feuer is a pilot project that will be tested in several California counties including Los Angeles. The bill will basically require that even first time DUI offenders must install these devices on their vehicles. Another bill, authored by Senator Bob Huff, will allow repeat DUI offenders to apply for restricted licenses if they install these ignition interlock devices in their vehicles.

While opponents question the effectiveness of these devices, advocates believe that the devices could cut down on repeat DUI offenses in California by 64 percent. New Mexico was the first state to enact such as law in 2003. In that state, the number of alcohol-related fatal crashes has dropped by 22 percent between 2002 and 2007.

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November 9, 2009

Actress Tawny Kitaen Arrested for DUI

Tawney Kitaen, actress and ex-wife of Anaheim Angels pitcher Chuck Finley, was arrested for drunk driving in Newport Beach; according to The Orange County Register. Kitaen may have been under the influence of alcohol, prescription drugs or both, Newport Beach police said. She was apparently arrested for DUI near John Wayne Airport after she was involved in a traffic collision. However, there were no injuries or damages to either vehicle.

Driving under the influence is a serious violation of California law. 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 law also states that it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a motor vehicle. Driving under the influence of drugs – whether they are recreational or prescription drugs – is also illegal.

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October 27, 2009

Orange County Court - Westminster Councilman Pleads Guilty to DUI

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.

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October 20, 2009

More Women Being Arrested for Driving Under the Influence - DUI

More and more women are being arrested for driving under the influence of alcohol – a trend which is apparent not only in Southern California or California, but also nationwide; according to a Riverside and San Bernardino County news report in the “Press Enterprise”. Nationally the number of women arrested for DUI was up nearly 29 percent between 1998 and 2007, while the arrests of men were down 7.5 percent. Locally, fewer women than men are arrested for DUI, although the trend is upward. For example, since 1999, the number of women arrested for DUI in Riverside County increased from 30 to 39 and from 44 to 66 in San Bernardino County.

Driving under the influence or DUI – whether it involves alcohol, recreational drugs or prescription drugs -- is a serious crime in California. According to California Vehicle Code Section 23152 (a): "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 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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October 8, 2009

Eight Drunk Drivers Arrested at Orange County DUI Checkpoints in Laguna and Irvine

DUI checkpoints in Orange County recently nabbed several drivers who were said to have been driving under the influence of alcohol and/or drugs in Laguna and Irvine, according to the Orange County Register. Many of these DUI checkpoints in Orange County are funded by the California Office of Traffic Safety and local cities. City and county police agencies get these funds specifically to conduct DUI enforcement.

What happens if you are arrested at a DUI checkpoint? Do you have a defense? It is certainly possible that you have a very good defense in your case. Although sobriety checkpoints or DUI checkpoints are legal, the procedures used by law enforcement may not be carried out properly. There are rules set forth by courts that may not always be followed by police officials. For example, one rule is that police DUI checkpoint should provide adequate advance warning to the motorist of the roadblock ahead. In other words, the driver should have an alternate route of travel “escape route” should the driver wish to avoid the checkpoint. But what most law enforcement agencies do is they either don't have this escape route and if they do, they place a squad car at that point to discourage motorists from "escaping."

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October 1, 2009

Orange County Hit-and-Run DUI Incident Ends in the Ocean

A 32-year-old man is facing criminal charges in Orange County for driving under the influence and hit-and-run, according to a news report in the Daily Pilot. The man apparently struck and injured a pedestrian while drunk driving and then took off and jumped into the ocean in Newport Beach to evade police and avoid getting arrested for DUI. He was, however, spotted in the ocean by a police helicopter and apprehended. Police said the 48-year-old woman who was struck suffered moderate injuries in the hit and run collision. The man is being held in lieu of $100,000 bail and could face up to three years and eight months in prison if convicted of felony DUI charges.

The consequences of a DUI can be devastating, particularly if the accident involved injuries and is grouped with other criminal charges such as hit-and-run. This is why seeking legal assistance from an experienced Orange County DUI lawyer is of the utmost importance to ensure that your rights are protected. In cases where the victim dies, a defendant in a DUI accident case may even face murder or vehicular manslaughter charges.

Leaving the scene of an accident is a serious crime. A driver who is involved in an auto accident in California shall stop at the scene, exchange information (car insurance, identity, contact) and render aid to the injured party if possible. You are required to stop by law, even if the accident was not your fault.

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September 24, 2009

Teen Driver Convicted of DUI Second-Degree Murder

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.

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September 22, 2009

Long Beach DUI Charges against Man Who Crashed into Building

A 27-year-old man was arrested for driving under the influence of alcohol after he reportedly lost control of his pickup truck and crashed into a building in Long Beach. According to this news article, the man was not seriously injured and no one else was hurt in the drunk driving crash. The man was reportedly driving toward the 710 Freeway when he lost control of his Toyota Tacoma pickup truck and hit the east wall of a recreation center. The building sustained moderate damage. The driver was booked for DUI and driving on a suspended license.

It is illegal under the California Vehicle Code to operate a motor vehicle under the influence of alcohol and/or drugs:

23152 (a) 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.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

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September 10, 2009

Man in Santa Ana Charged with DUI and Vehicular Manslaughter

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."

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September 3, 2009

New California Law for DUI Drivers

A new California law, which took effect last month, requires mandatory ignition interlock devices on motor vehicles owned and operated by motorists convicted of driving on a suspended license due to a previous alcohol-related conviction. According to this news report, a person who is required and fails to install an ignition interlock device is guilty of a misdemeanor. One who falls into the category of driving with a suspended license for a DUI-related conviction will be assessed a $40 administrative fee for verification of the device's installation. For more information, please visit the California Department of Motor Vehicles (DMV) Web site (www.dmv.ca.gov).

Driving under the influence is a serious offense in California. It can be prosecuted as a misdemeanor or as a felony in California depending on the nature of the incident, the seriousness of injuries and the driver's level of intoxication. In California, it is illegal to drive with a blood alcohol level of 0.08 percent or higher. It is also illegal in California to drive under the influence of drugs – be it recreational or prescription drugs.

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August 27, 2009

Takakjian, Sowers & Sitkoff LLP Presents New California Drunk Driving Defense Website

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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August 26, 2009

Man Arrested for DUI Robbery and Hit-and-Run in Orange County

A 27-year-old Pomona man is facing drunk driving and several other criminal charges in Orange County after police say he hit two parked cars, struck another vehicle and robbed a cell phone from a passer-by in Fullerton. According to a news report, Fullerton police officers arrested the man for robbery, DUI, hit-and-run and driving with a suspended license.

All these charges are extremely serious and could have disastrous legal consequences including jail time, hefty financial penalties and costly legal fees. Driving under the influence is a crime in California. It is illegal to drive with a blood alcohol content of 0.08 percent or more. It is also a serious violation of the California Vehicle Code section 20002 to leave the scene of an accident; you are required to stop even if the accident only involves property damage and exchange identification and information with the other parties involved.

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August 24, 2009

Los Angeles DUI Arrest of Actress

Joyce DeWitt, former television actress and star of "Three's Company" has been arrested and charged with drunk driving in Los Angeles, according to this UPI news report.

The 60-year-old DeWitt was arrested after she allegedly drove around a barricade set up for a July 4 fireworks display, parked her car and appearing intoxicated, approached a uniformed police officer on foot. El Segundo police officials said DeWitt failed a field sobriety test, commonly referred to as “FSTs” and she was arrested for driving under the influence.

In the state of California, it is illegal to operate a motor vehicle under the influence of alcohol or drugs. It is against the law to drive with a blood alcohol level or BAC of 0.08 percent or higher. Celebrity DUI cases get the most publicity and coverage in the media as it happened in this particular case with Joyce DeWitt. However, every day, thousands are charged with driving under the influence. The consequences and costs of a drunk driving arrest and DUI conviction are severe and could include jail time, loss of license, required alcohol or drug counseling and hefty fines that could run into thousands of dollars.

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August 19, 2009

DUI Defendants May Challenge Breath Tests, Court Rules

The California Supreme Court has made a recent ruling that California drunk driving defendants in should be able to challenge breath test results in court. According to an Associated Press news report, the court is basically allowing defendants to question the science of breath tests, which use a standard formula called "Partition Ratio" to convert the amount of alcohol vapor in the lungs into a blood alcohol level.

The problem with this science is that breath-to-blood ratios vary greatly throughout the population and from person to person, depending on factors such as body temperature, atmospheric pressure, medical conditions and the precision of the measuring device. What this means is that the same breath test result for one person's breath could erroneously signal intoxication while for another it could mean that they simply had a glass of wine with their dinner.

The recent California Supreme Court ruling opens the door to breath test challenges, an option that has remained closed to most DUI defendants over the last two decades. The court said in its ruling that evidence of the variability of these tests can henceforth be shown to juries. This ruling confirms what any DUI defense lawyer already knows – that one-size-fits-all breath tests don't tell the real story for all suspects.

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August 17, 2009

Angeles National Forest DUI, Murder Charges: Bicyclist Killed, 2 Injured

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.

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August 14, 2009

Los Angeles Superior Court Judge Arrested for Drunk Driving

A Los Angeles Superior Court Judge was charged with misdemeanor drunk driving after a "minor sideswipe" with another vehicle, according to this news report. LAPD officers apparently pulled over the judge after the minor accident. He was released on $30,000 bail. The news report states that the judge hears criminal cases in Los Angeles Superior Court.

In the state of California, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs. It is also illegal to drive with a blood alcohol content (BAC) of 0.08 percent or higher in California.

A drunk driving charge is extremely serious. A DUI in California can be treated as a felony or as a misdemeanor depending on the nature and seriousness of the incident. If there are injuries or fatalities involved in the alleged DUI accident, the defendant will face felony charges. If the auto accident in question is not serious and there are no injuries, it will most likely be a misdemeanor. However, whether it is a misdemeanor or a felony, DUI charges can have grave consequences and can include jail time, driver's license suspension, community service and probation.

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August 12, 2009

New CA DUI Law to Be Tougher on First-Time Offenders

A new state law that is in the works, if approved, could require first-time California DUI offenders to install an ignition interlock breath testing device (IID) into their vehicle's ignition. According to this news report, the bill's author, Mike Feur, a state senator from Los Angeles, claims that it will deter the 45,000 repeat drunk drivers who are arrested each year across California.

If this proposed bill becomes law, first-time drunk driving law offenders in four counties would be required to install the devices. IID’s are basically about the size of a cell phone and wired to the vehicle's ignition. The driver would not be able to start the vehicle until his or her blood alcohol level is below the legal limit. In California, as in almost all other states, it is illegal to operate a motor vehicle with a blood alcohol level (BAC) of 0.08 percent or higher.

This proposed law is flawed and unfair because it treats first-time CA DUI offenders the same as repeat offenders. It would be required to be on the vehicle for six months. And there are questions about how effective these devices are. For example, a determined person can get someone else to blow into the device to help start the vehicle. Sometimes, false positives caused, for example, the use of mouthwashes can cause cars to stall or shut off while on the road.

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August 7, 2009

Driver License Suspension for Boating Under the Influence

A California State Senator wants boaters convicted of operating their boat under the influence to lose their driver's license as well, Havasu News reports. Senator John J. Benoit, R-Bermuda Dunes, has introduced SB 154, which would basically cause the suspension of California driver's license for individuals convicted of boating under the influence.

The California Department of Motor Vehicles used to suspend driver's licenses for those convicted of boating under the influence (BUI) in the mid 90s. But that procedure was ordered stopped by the California Court of Appeals in 2008, citing lack of statutory authority.

This bill basically calls for the DMV to suspend the driving privilege of anyone convicted with a prior California DUI or BUI conviction. It would also mandate that anyone convicted of boating under the influence attend and complete an alcohol education program. The California Department of Boating and Waterways estimates that nearly half of all deaths on California's waterways are caused by impaired vessel operators. The bill has been passed by the Senate and also got the support of the Assembly Committee on Public Safety. It is awaiting action by the full Assembly.

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August 3, 2009

Ventura County Fatal DUI Crash, Woman Arrested

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.

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July 27, 2009

West Los Angeles Criminal Defense and DUI Defense Attorneys

West Los Angeles is a well-known district in Los Angeles within the large Westside region. With its most traversed routes as Olympic Blvd, Santa Monica Blvd, Wilshire Blvd, Sawtelle Blvd, Pico Blvd, Barrington Dr and Bundy Dr, West Los Angeles residents and visitors have quick access to the San Diego and Santa Monica Freeways. As an affluent neighborhood, West Los Angeles has the city’s lowest crime statistics; however, as part of the second largest city in the nation, West Los Angeles is prone its share of incidents that go against the law.

A lot of people who are accused of crimes, such as driving under the influence, never thought that it would happen to them and are typically shocked and confused during their arrest and investigation. It is up to a West Los Angeles DUI defense attorney to educate those facing serious penalties associated with driving under the influence when it comes to his or her rights and what can be done to build a strong defense. At Takakjian, Sowers & Sitkoff, our lawyers will help prove your innocence and represent you at your DMV administrative hearing so that you can do everything possible to appeal your driver’s license suspension. It is very important that you do not procrastinate in taking action after your DUI arrest, especially since you only have ten days to make an appeal.

With over sixty years collectively in California felony and misdemeanor criminal defense, prosecution, criminal law investigation, judicial, criminal trial and criminal case settlement experience, the skilled West Los Angeles criminal defense attorneys at Takakjian, Sowers & Sitkoff, LLP have what it takes to assist you during one of the most challenging times of your life. Contact our office for a free consultation today:

11845 W. Olympic Blvd
Suite 1000
Los Angeles, CA 90064
Phone: (866) 299-4111


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July 24, 2009

Sheriff's Deputy Charged in Orange County DUI Accident

Police in Irvine have arrested a senior Orange County Sheriff's official for driving under the influence after he reportedly caused a car accident, based on a Los Angeles Times report. Irvine Police arrested the official after the vehicle she was driving crashed into the back of another car stopped at a red light on Jamboree Road.

She was driving an unmarked Orange County Sheriff's Department vehicle at the time of the Orange County DUI crash, according to the Orange County District Attorney's office. The officer was charged with two misdemeanor counts of driving under the influence of alcohol. Officials say the woman had slurred speech, bloodshot and watery eyes and had trouble keeping her balance during a field sobriety test. She apparently had a blood alcohol level of 0.14 percent, nearly twice the legal limit. Fortunately, the driver of the other vehicle was uninjured.

It is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher in California. Not only does a DUI charge impose fines and sometimes jail time on a person, it can have drastic effects on an individual’s reputation, personal life and professional career. In this DUI accident, Guidice was transferred from her post as head of Orange County Sheriff's Harbor Patrol to a position at the county's Theo Lacy Jail. If convicted of the DUI charges in Orange County, she faces a maximum of six months in jail.

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July 13, 2009

Ventura County DUI and Possession of Explosive Device

California Highway Patrol officials have arrested a man for driving under the influence of alcohol and possession of an explosive device on a public highway in Ventura County. According to a news report in the Camarillo Acorn, CHP officials arrested James Thomas Jacquez, 41, whom they stopped as he was traveling north on the 101 Freeway in Camarillo near Del Norte Boulevard. Jacquez was initially arrested for DUI in Ventura County, but officials later checked his vehicle and found an object under the driver's seat, which they say, is an explosive device. The Ventura County Bomb Squad determined that the device was a homemade bomb and took it away for safe disposal.

Ventura County drunk driving charges can be misdemeanors or felonies depending on the nature of the circumstances and whether anyone other than the drunk driver was injured or killed as a result of the DUI accident. If there was no accident and the driver was stopped because of erratic driving or other suspicions, the driver could face a misdemeanor DUI. However, in this case, the driver was also charged with possession of an explosive device, which is a serious allegation.

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July 10, 2009

Man Arrested for DUI after Rollover Accident

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" »

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July 6, 2009

Ventura Felony DUI Accident

A 49-year-old Ventura man was arrested for driving under the influence of alcohol after he drifted to opposing lanes of traffic, sideswiped a tow truck, and seriously injured the truck driver. According to a news report in the Ventura County Star, Jeffrey Barnes was driving on Ventura Boulevard near Sherwin Avenue in Ventura when his vehicle went across traffic lanes and hit the truck from Double R Towing. The tow truck driver was transported to a local hospital for treatment of severe back injuries. Barnes also suffered injuries but was later arrested and booked into county jail for felony DUI, California Vehicle Code section 23153 (a).

Drunk driving charges can be misdemeanors or felonies depending on the nature of the incident and the severity of injuries to the other parties. A felony drunk driving conviction can result in lengthy jail or prison time, stiff penalties, loss of driving privileges, probation, alcohol and drug counseling or community service. The costs associated with a DUI in Ventura County are also staggering – fines, attorneys fees, insurance rate hikes and so on.

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July 3, 2009

Los Angeles County DUI Arrest

A woman suspected of driving under the influence slammed into the side of a Los Angeles County Sheriff's patrol car in Compton, according to this CBS News report. The female motorist was arrested for DUI in Los Angeles and the female sheriff's deputy was taken to the hospital for examination and treatment of injuries. The alleged DUI car accident occurred near the 91 Freeway when the woman driving south on Alameda Street crossed onto the wrong side of the road and struck the driver's door on the patrol car. Two other vehicles were also involved, but no one else was injured or arrested, the news report stated.

Under California law, it is illegal for anyone to operate a motor vehicle under the influence of alcohol and/or drugs. 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." Another section of the Vehicle Code also states that "it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle."

The consequences of a Southern California DUI arrest are quite significant. The severity of the charges would depend on a defendant's level of intoxication, the extent of injuries involved (to those other than the drunk driver), and the defendant's prior criminal record or DUI record. And a more serious charge of driving under the influence and causing bodily injury can result in significant jail time and a one year driver license suspension.

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June 29, 2009

Actress Lori Petty Arrested for DUI in Los Angeles

Los Angeles police arrested "Point Break" actress Lori Petty for drunk driving after she struck and injured a skateboarder, according to a Fox News report. The 45-year-old actress was arrested in the Venice neighborhood of Los Angeles. Police say the skateboarder, who was not identified, was treated for injuries at the scene.

It is illegal for drivers 21 years of age or older to drive a motor vehicle or operate any recreational vessel, aquaplane or boat, under the influence of alcohol or drugs. Consequences of a Los Angeles DUI arrest include jail time, formal/informal probation, alcohol or drug rehab, loss or suspension of your driver's license, significant fines, vehicle impoundment and significant auto insurance rate hikes or even insurance policy cancelation. Whether a DUI involves a celebrity or an average person, the consequences are devastating.

Continue reading "Actress Lori Petty Arrested for DUI in Los Angeles" »

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June 15, 2009

Ventura County Felony DUI and Vehicular Manslaughter

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.

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June 12, 2009

Orange County DUI Charges Result in Woman Sentenced to Jail, Probation

An Orange County woman, who had been accused of hit-and-run in connection with a January DUI auto accident in Orange County in Trabuco Canyon pleaded guilty to driving under the influence with injury. According to a news report in The Orange County Register, Kristen Wilcox has been sentenced to 20 days in jail, three years probation, $390 in fines and three months on the first offender alcohol program. The accident occurred January 26, 2009 when the 23-year-old Wilcox crashed into a light pole on Live Oak Canyon Road.

The incident left almost 400 people without power for several hours and left Wilcox's 17-year-old passenger with minor injuries. Wilcox left the crashed vehicle and injured passenger, but was arrested two hours later in the area by California Highway Patrol officials. Officers determined that Wilcox had been driving under the influence of alcohol at the time of the accident. Two charges against Wilcox were dismissed – hit-and-run with injury or death and driving under the influence with blood alcohol level of 0.08 or more causing injury or death.

If you are a first-time DUI offender and your accident did not involve major injuries or death, there is a good chance that the court will consider alternative sentencing in your DUI case. Examples of alternative sentencing in DUI cases include alcohol or drug rehabilitation programs, drug court, alcohol counseling, community service and so on. A skilled Orange County DUI defense attorney will help keep you out of jail and get you the help and support you need. If you have been charged with a DUI in Los Angeles, Orange or Ventura counties, please call Takakjian, Sowers & Sitkoff LLP at 866-299-4111 to find out more information about your legal rights and options.

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June 10, 2009

Covina DUI and Hit-and-Run

A La Puente woman was arrested on suspicion of drunk driving in California and hit-and-run after she allegedly collided with a Covina police cruiser. According to a news report in the San Gabriel Valley Tribune, 29-year-old Sandra Faviola Guerra was arrested a mile away from where the crash occurred. Guerra and her female passenger did not suffer significant injuries.

California Highway Patrol officials say the Covina police car was going south on Barranca Avenue approaching Cypress Street with a green light when Guerra was making a right turn on a red light from Cypress to Barranca. The police vehicle was disabled as a result of the crash and the officer could not pursue Guerra. But other officers did and apprehended her a few blocks away. CHP officials are also looking into whether the officer was speeding. The length of skid marks is an indicator of the speed of a vehicle involved in a collision. This is the type of evidence analysis our law firm has extensive experience in evaluating.

In California, it is a crime to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher. Leaving the scene of an accident is a violation of Section 20001 of the California Vehicle Code which states: "The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident."

The consequences of California DUI penalties and a hit-and-run conviction could involve jail time, hefty fines, probation and loss/revocation of your driving privilege. If you have been arrested on suspicion of drunk driving and/or hit-and-run, it is critical that you contact an experienced Los Angeles DUI defense lawyer right away. If you need help or information about your DUI case, please call Takakjian, Sowers & Sitkoff LLP at 866-299-4111 for a free consultation.

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June 5, 2009

Driving Under the Influence in Costa Mesa, Teen Arrested

A teenager and a 38-year-old woman were injured after the 18-year-old driver crashed a Porsche near a freeway onramp in Costa Mesa. Police arrested Dominick Anthony McCoy, 18, on suspicion of DUI in California, according to a news report in The Orange County Register. The injured woman was identified as Dorothy Dunlap. Police say the teen was driving at a high rate of speed south on Bear Street near Paularino Avenue when he crashed the car. The Porsche struck an electrical box, went through a freeway sign and came to rest about 20 feet later on the onramp from Bear to the northbound 73 Freeway.

In California, it is illegal for drivers under 21 years of age to drive a motor vehicle with a blood alcohol level of 0.01 percent or more. The penalties of underage DUI can be severe and could include fines, loss/suspension of driver's license, jail time and participation in an alcohol education or community service program. If the California DUI accident involves injuries or fatalities to passengers (occupants of the vehicle other than the defendant), the penalties could be even more severe.

If you or a loved one has been charged with driving under the influence in Orange, Los Angeles or Ventura counties, please contact Takakjian, Sowers & Sitkoff LLP for a free consultation. In any DUI case, the stakes are high and the consequences can be devastating. Not seeking the advice of experienced Los Angeles drunk driving defense lawyers can be a costly mistake. Please call us today at 866-299-4111 to find out more information about how we can help you fight your DUI and build a strong defense in your case.

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June 3, 2009

Ventura County Drunk Driving Arrest of Man Who Hit Five Parked Cars

Police in Ventura County arrested 26-year-old Jose Gonzalez on suspicion of DUI in California after he allegedly struck five parked vehicles. According to a news report in the Fillmore Gazette, Gonzalez was driving his 2007 black Ford F250 pickup truck south on B Street from Ventura Street at a high rate of speed when his vehicle drifted to the right side of the street and crashed into five, unoccupied parked vehicles. The pickup truck then came to rest in the middle of the street.

Ventura County Sheriff's deputies, who responded to the call, determined that Gonzalez's blood alcohol content exceeded the legal limit of 0.08 percent and booked him at county jail for DUI. No one was injured in this collision, the news report stated.

California's "implied consent" laws provide that if you are arrested for drunk driving, you have consented to chemical testing. If you refuse to submit to such testing, then your driving privilege can be suspended. The chemical test will normally consist of your choice of breath or blood analysis. A urine sample can also be taken.

The most commonly used method to determine someone’s blood alcohol level is breath analysis. The problem with breath machines is that California police agencies use different makes and models and they are all prone to a wide variety of problems. Mostly, they are neither reliable nor accurate. An experienced Ventura County DUI defense attorney will have the necessary expertise to determine how accurate the breath test was and to show a jury the machine's defects and inaccuracies. If you or a loved one has been charged with driving under the influence in Orange, Los Angeles or Ventura counties, please contact Takakjian, Sowers & Sitkoff LLP at 866-299-4111 for a free consultation.

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May 25, 2009

Zach Randolph DUI Charge Dismissed

A driving under the influence charge against Los Angeles Clippers forward, Zach Randolph, has been dismissed and reduced to one charge of reckless driving, the Associated Press reports in a story. Randolph was arrested and booked on suspicion of DUI on April 6 and was even suspended for two games because of the incident. The arrest occurred when Randolph was pulled over by two California Highway Patrol officers who reportedly saw his white Rolls-Royce weaving on the 405 Freeway. Officials said the CHP officers could smell alcohol inside the car and conducted a field sobriety test. Randolph was then arrested and charged with the DUI. Randolph has pleaded not guilty on the reckless driving count.

Driving under the influence in Los Angeles
and reckless driving are both serious charges. In California, it is a crime to operate a motor vehicle under the influence of alcohol, drugs or a combination of both. It is also illegal to drive with a blood alcohol level of 0.08 percent or more. Arresting law enforcement officers use various tools to determine whether a motorist is driving under the influence. Breath tests and field sobriety tests are the most common tools authorities use to gauge a driver's level of intoxication.

However, as DUI defense attorneys, we have seen that neither breathalyzer tests nor field sobriety tests are a good way to determine whether or not a driver is intoxicated. Both methods have a wide margin of error, which is probably why the DUI charge against Randolph was dismissed. If you have been arrested on suspicion of DUI, you need a knowledgeable and experienced Los Angeles drunk driving defense attorney who can thoroughly investigate and prove your case. If you or a loved one has been charged with drunk driving in Orange, Los Angeles or Ventura counties, please call Takakjian, Sowers & Sitkoff LLP at 866-299-4111 for a free consultation today.

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May 20, 2009

Los Angeles Vehicular Manslaughter Caused by Drunk Driver, Officials Say

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.

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May 4, 2009

Drunk Driver Gets Prison Sentence in Orange County Crash

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.

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April 29, 2009

Fontana Man Arrested on Suspicion of Drunk Driving

Police in Pasadena arrested a 48-year-old on suspicion of drunk driving after he allegedly ran a red light and struck two vehicles, the Pasadena Star News reports in an account. Andre Rushing, 48, of Fontana was driving on Sierra Madre Boulevard when he struck a 2002 Chevrolet Blazer traveling on Sierra Madre Villa Avenue, which caused the vehicle to roll over. Rushing's vehicle then struck a 2002 Honda Accord. Six passengers in the Blazer and two in the Honda were taken to hospitals with injuries that were not life threatening, Rushing was arrested on suspicion of driving under the influence of alcohol in Los Angeles. Officials are not aware of his blood alcohol content pending blood test results.

A conviction or DUI arrest in California could have serious consequences. You could lose your driving privilege, your job and career could be in jeopardy, and if your DUI involved a serious injury or fatal auto accident, you could be facing vehicular manslaughter or even murder charges. If convicted, you could be looking at a lengthy prison sentence.

The most common yet serious consequence of a DUI arrest is the possibility of having your driver's license revoked or suspended. Following a drunk driving arrest, an Administrative Per Se (APS hearing) is needed to save your driving privilege. The Department of Motor Vehicles (DMV) must be contacted within 10 days of the DUI arrest to request an administrative hearing to stop your automatic driver's license suspension.

The DMV could also impose restrictions on your license or completely revoke it. If you have been arrested on suspicion of DUI, please contact an experienced DUI defense attorney in Los Angeles at Takakjian, Sowers & Sitkoff. We can contact the DMV for you, defend your DUI charge and stop the driver's license suspension/revocation process. Call us today for your free consultation.

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April 24, 2009

Rialto DUI Fatal Collision Results in Murder Charges

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.

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April 20, 2009

Orange County DUI Crash: Driver Charged with Murder

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.

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April 13, 2009

Clippers' Zach Randolph Arrested on Suspicion of DUI

The Los Angeles Clippers' Zach Randolph has been suspended for two games after he was arrested on suspicion of drunk driving in Los Angeles hours after a game he played against the Los Angeles Lakers. According to this news report, two California Highway Patrol officers saw a white Rolls-Royce weaving on the 405 Freeway in the Culver City area of West Los Angeles. When officers pulled over the car, they identified Randolph as the driver. Officers said they smelled alcohol in the car and arrested Randolph after he failed a field sobriety test. There is no information on whether Randolph took a breath test.

Drivers, when pulled over for a routine DUI stop, are often asked to submit to field sobriety tests and breath tests to determine if a Los Angeles DUI offense has been committed. With field sobriety tests, drivers are asked to perform physical or cognitive tests, which are meant to help the arresting officer determine the driver's sobriety. The National Highway Traffic Safety Administration (NHTSA) guidelines are known as the "standardized field sobriety tests" and they usually include the following tests:

• The one-leg stand
• Walk and turn
• Hortizontal gaze nystagmus test

In our opinion, these tests do not provide an accurate assessment of whether or not a person is intoxicated. The margin for error is significantly large. A person may fail one of these tests or all of these tests simply because they are dazed, upset, confused or exhausted. If you have been charged with drunk driving because you failed a field sobriety test, please contact an experienced California DUI defense attorney at Takakjian, Sowers & Sitkoff for a free consultation and case evaluation. Please do not make any important decisions without talking to a truly experienced criminal defense lawyer first. Call 888-579-4844 today.

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April 10, 2009

Chula Vista Drunk Driver Kills Pedestrian

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" »

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April 7, 2009

Pomona DUI Crackdown Joins Police Department Regional Effort

According to this recent Inland Valley Daily Bulletin article, Pomona city leaders have authorized their police department to join other law enforcement agencies in the area in a three-year regional effort to crack down on drunken drivers. Pomona’s city council voted 6-1 in favor of joining a wide range of state, county, and local law enforcement agencies throughout the area in the “Avoid the 100 DUI Campaign” that began over this past holiday season.

This campaign targets people driving under the influence in California and includes checkpoints, saturation patrols, media campaigns, and other operations designed to catch motorists with a history of driving under the influence. Since the campaign began, law enforcement officials throughout Southern California have stepped up efforts to remove drivers operating their vehicles while under the influence of drugs and alcohol. Their checkpoints, which are set up at strategic locations with little or no advance warning, have resulted in dozens of DUI arrests and scores of other charges from weapons violations to possession of controlled substances and other violations.

Continue reading "Pomona DUI Crackdown Joins Police Department Regional Effort" »

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April 3, 2009

LA DUI Checkpoints Targeted Super Bowl Revelers

Continuing their heightened DUI enforcement that began over the holidays, law enforcement officials implemented sobriety checkpoints on Super Bowl Sunday to discourage drivers from driving under the influence in California. Law enforcement officials all over the state deployed extra patrols and added additional DUI checkpoints throughout Southern California to raise awareness about the dangers of drinking and driving, according to a Pasadena Star-News report.

According to a written statement from the California Highway Patrol, 403 Californians were arrested on suspicion of driving under the influence on last year’s Super Bowl Sunday. "We're not discouraging the celebration,” CHP Baldwin Park Commander Bill Siegl said. “We’re asking the fans to make the right call, so they won't find themselves benched in a jail cell."

Continue reading "LA DUI Checkpoints Targeted Super Bowl Revelers" »

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March 31, 2009

Westlake 11-Month-Old Baby Killed By DUI Driver Identified

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.

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March 27, 2009

Fullerton Drunk Driver Kills Woman After Running Red Light

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.

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March 24, 2009

Los Angeles DUI Charges Against Helicopter Pilot

In an atypical case of driving under the influence in California, a helicopter pilot for a popular rock and roll musician has been detained by Los Angeles police officers on suspicion of operating his aircraft while intoxicated. This Mercury News report about an unusual Los Angeles DUI incident claims that the suspect is a helicopter pilot for Tommy Lee, drummer for the popular rock band Motley Crue.

The pilot, who has not yet been named by police, was spotted by Los Angeles police operating his aircraft in an erratic manner. Police spokeswoman Karen Smith said that the pilot violated safety procedures by flying too close to a police helicopter near Van Nuys and ignoring directions from the Van Nuys flight tower. Police say that the pilot was released without being arrested after submitting to a field sobriety test. Lee, who was a passenger in the helicopter, was questioned briefly and released. The Federal Aviation Administration has begun an investigation of the incident and is waiting for toxicology test results.

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March 17, 2009

Santa Ana DUI Case Of Former Hyundai Executive

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.

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March 13, 2009

Gary Collins Arrested for DUI

Gary Collins, TV host and 70-year-old actor, was pulled over by the California Highway Patrol on the evening of February 1, 2009, on suspicion of driving under the influence according to this Post Chronicle article. Law enforcement officials with the California Highway Patrol claim that Collins faces charges after being pulled over in Santa Barbara when officers spotted him driving a motor home in an erratic manner.

According to officers on the scene, Collins refused a field sobriety test although a blood-alcohol test was submitted later in the evening.

The current California DUI charges are in addition to other DUI charges filed against Collins 13 months ago. Officials claim that Collins served a four-day jail sentence in Los Angeles, and was placed on two years of probation after he pleaded no contest to a previous DUI charge stemming from a December 2007 accident.

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March 10, 2009

Los Angeles DUI Collision

According to this recent article in the Santa Maria Times, law enforcement officials have filed vehicular manslaughter and California DUI charges against Jesus Martinez, 20, of Los Angeles. The charges stem from an automobile accident early in February in which a passenger in Martinez’ car suffered severe injuries that caused his death. According to law enforcement officials, Martinez was allegedly driving under the influence of alcohol when the car he was driving collided with a tractor trailer sometime during the evening of February 5, 2009.

The Santa Barbara County District Attorney’s Office announced the charges against Martinez, which include vehicular manslaughter while intoxicated, driving under the influence causing injury (a special allegation that great bodily injury was caused), and a misdemeanor charge of driving without a valid license.

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March 6, 2009

Los Angeles U-Haul Chase Suspect Faces Multiple Charges

A woman who faces multiple charges, including driving under the influence of narcotics, was named by law enforcement authorities recently, according to this article in the Los Angeles Times. Law enforcement officials named Alisha Nichole Mankin as the person responsible for a televised chase which caused three different traffic accidents and involved pursuit from numerous law enforcement agencies. According to authorities, Mankin, of the Antelope Valley of Littlerock, and a friend left a storage facility in a rented U-Haul truck around 3 p.m. on Wednesday, February 4, 2009.

Sometime later, Mankin and her passenger were spotted by a Los Angeles County Sheriff’s Department Deputy engaging in suspicious activity after they stopped their rented truck by a car on the side of the road. The deputy approached the two and discovered the passenger had narcotics in his possession, so they were arrested for California drug possession. But according to California Highway Patrol Officer Matt Winter, Mankin attempted to flee the scene rather than be arrested. Winter said, “The guy is in possession of narcotics, and he’s arrested. As the deputy is putting him into his cruiser, she decides to take off running. She gets into the U-Haul because the keys are in it and takes off."

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March 3, 2009

Los Angeles DUI Suspect Dies in Crash, Injures 6

According to this CBS Channel 2 DUI report, a man suspected of driving under the influence of alcohol caused a crash early on the morning of February 2, 2009, which killed the alleged drunken driver and resulted in six people suffering injuries. Law enforcement officials claim that Rojelio Sanchez, 25, was heading westbound on Manchester Avenue around 1:30 in the morning with three passengers in a 1997 Ford Explorer.

Police officers responding to the scene say that Sanchez’ Explorer ran a red light at Manchester Avenue and Main Street in South Los Angeles and collided with a 1994 Ford Thunderbird carrying four people. Firefighters responding to the scene of the crash say that two passengers were trapped in the wreckage of the Thunderbird for 15 minutes before being freed.

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