Articles Posted in DUI

TV star Ryan Rottman, 27, has had his DUI charges officially dismissed. According to an E! Online news report, Rottman agreed to cop to a reduced plea of alcohol-related misdemeanor reckless driving in order to have his DUI charges dismissed. Officials say the incident occurred back in July after he lost control of his vehicle, which jumped a curb in Hollywood. The Nickelodeon star now faces three years probation, a $390 fine, and a three-month alcohol education course instead of possible jail time.

There is a wide range of penalties that California drivers could face if they are charged with driving under the influence. Common DUI penalties include: jail time, heavy fines, license suspension, installation of an ignition interlock device, and mandatory alcohol treatment classes. Penalties for drunk driving can increase or decrease depending on the circumstances of the arrest, the driving history of the defendant, and whether anyone was hurt because of the actions of the driver.

It is crucial that anyone facing DUI charges in southern California seek legal guidance before discussing their case with the authorities. An experienced DUI defense attorney will be able to review the circumstances of the incident to determine if it is worth fighting the charges or if it is possible to get the charges lowered or dismissed. Failure to consider all options could result in the defendant facing unnecessarily harsh penalties.

If you cause a DUI collision in the city of Westminster, you could be slapped with a bill as high as $12,000. According to a news report in The Orange County Register, the City Council voted unanimously to make an addition to an existing ordinance clarifying the types of situations for which drunk drivers can be billed. City officials believe that this will not only discourage drivers from getting behind the wheel while under the influence, but also add money to the city’s coffers.

Westminster Police Chief Ron Coopman says the city will aggressively go after drunk drivers to recover costs including police and fire personnel, cost of equipment used at the scene, medical assistance, and costs of conducting accident and DUI investigations. Westminster is not alone. There are 14 other police departments in Orange County that have similar programs.

This no doubt raises the already high cost of DUI penalties. Including vehicle storage fees, court costs, insurance rate hikes, fines, and DUI classes, drivers are already looking at a bill of $10,000. These city programs that charge drivers convicted of a DUI for emergency fees of up to $12,000 can bury an individual deep in debt. This is yet another reason to make sure that you have a skilled Orange County DUI defense lawyer on your side, protecting your rights and vigorously fighting all charges.

Individuals charged with driving under the influence of alcohol face a number of consequences if convicted. One of those consequences is the requirement to wear an alcohol monitoring device. SCRAM stands for Secure Continuous Remote Alcohol Monitor. It is a small device worn like an ankle bracelet that helps determine the amount of alcohol in a person’s body. If you are facing DUI charges, you may be forced to wear a SCRAM device in California for a prolonged period of time. This means that your alcohol intake will be monitored automatically approximately every hour. Unfortunately, these devices are not always accurate and it is common for individuals to face additional penalties as a result of false readings.

There are two types of DUI offenders who may be required to wear a SCRAM device: repeat DUI offenders and individuals who have a serious alcohol abuse problem. Convicted offenders may be required to wear it anywhere from 30 days to a year. These restrictive devices are tamper-resistant and any attempt to remove them will alert the authorities.

The problem with these devices is that they are not perfect. A false reading can occur, for example, if the wearer is producing acetone while breaking down fats. Eating certain types of food can also trigger a false reading. Despite the fact that these devices can be erroneous, the courts continue to force them on DUI offenders.

If you have been arrested in Los Angeles for driving under the influence of alcohol, you will face a license suspension by the Department of Motor Vehicles (DMV). Following the arrest, the officer responsible for making the arrest will send notice to the DMV for an automatic suspension or revocation of your driver’s license within the next 30 days. But it is possible for the driver to delay or even dismiss a license suspension by requesting a DMV hearing.

All California drivers have the right to a DMV hearing. But such a request must be made within 10 days of the arrest. Drivers who choose to fight the automatic suspension should know that they will still be required to appear in court in connection with the DUI charges. The DMV hearing is a separate proceeding. The point of a DUI court case is to determine whether or not the driver was guilty of driving under the influence; however, a DMV hearing involves the driving privileges of the person facing a license suspension. During the hearing, a skilled DUI attorney will examine the results of the DUI test, the accuracy of the California breath test, whether the arresting officer had reasonable cause, and the circumstances of the arrest.

If mistakes are made or if there is reasonable doubt as to whether or not the driver was wrongfully arrested, the automatic license suspension may be dismissed. Additionally, the outcome of the DMV hearing may have a direct effect on the DUI court case. This is why it is important to have a skilled DUI attorney to represent you throughout the hearing and court proceedings.

The DUI arrest of “That’s So Raven” star Orlando Brown raises issues about what actually constitutes driving in a drunk driving case. According to Brown’s manager, the 23-year-old actor was not actually driving at the time of his drunk driving arrest. TMZ has reported that the actor has admitted to drinking three glasses of wine in his home back on August 12, 2011. The actor said he then waited in his car outside his home to play his new CD for a friend. Officers saw that the vehicle did not have a license plate, stopped to speak with Brown, and arrested him for DUI. Brown is claiming that he was only sitting in the car and not driving.

The question here is: Do you even have to drive to be convicted of driving under the influence? The answer is: Not always. In 2007, a Minnesota man was convicted of driving under the influence after falling asleep in his vehicle while drunk. He clearly had not been driving as the engine was cold and the car was not able to start. An AOL report on the incident suggests that he may have faced unnecessarily harsh treatment because he had a prior DUI offense on his record. A separate AOL report cited cases in which a Florida man was arrested for a DUI while listening to loud music in his parked car, and also a North Carolina woman who fell asleep in a car that was parked at a fast food restaurant with the engine left running.

If the suspect had physical control of the vehicle while intoxicated, there is a chance that he or she may face DUI penalties. If the key is in the ignition, for example, that shows intent to drive. If the engine is running, that shows that the driver intended to operate the vehicle. These are some aspects officials may consider before making a DUI arrest in such cases.

Under California law, the legal limit of alcohol in the blood stream, known as blood alcohol concentration (BAC), is .08 percent. Police officers often conduct field sobriety tests to determine if there is cause to make an arrest. There are, however, only three scientific tests to determine BAC: breath, urine and blood. All drivers who are hesitant to take one of these blood alcohol limit tests should remember the California is a “presumed consent” state, which means that it is a violation to refuse to take a BAC test.

The breath tests conducted in the field are not as accurate as the ones performed at a station. Also, there are a number of circumstances that can affect a test such as mouthwash or items in the driver’s mouth such as gum or food. It is important for the sake of accuracy that the device that is used to measure blood alcohol level is properly maintained and calibrated.

There are mistakes that can be made at the station as well. If the BAC test is a blood or urine test, the sample will be sent off to a lab. Samples can be mislabeled, contaminated, taken with items that are not sterilized or stored at improper temperatures. The results of the BAC test will determine whether or not the driver will face charges. The severity of the charges will also depend on the blood alcohol level. If you have been for driving under the influence, please remember that you do have legal rights. Anyone facing DUI charges in Los Angeles would be well advised to seek legal guidance to determine if their rights have been violated in any way.