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Tuesday, August 24th, 2010
Orange County Man Receives 15 Year Sentence for Killing Bicyclist
Our Orange County DUI lawyers have learned that a Garden Grove man was sentenced to 15 years to life in prison for killing a bicyclist for a drunk driving crash that occurred in 2008.
The man already had a DUI conviction from 2002 and had attended nine months of alcohol awareness crashes. In October 2008, the individual had taken two different types of painkillers, an anti-anxiety drug, a muscle relaxant and alcohol before he went out one evening to run some errands. He was on his way home when his truck ran over a curb and hit and killed a 45 year old mother bicycling with her son. His blood-alcohol level was measured at .09 over an hour after the crash. The legal limit in California is .08. His alcohol level at the time of his 2002 DUI was 0.25.
The driver was convicted of second-degree murder after the District Attorney argued that he showed a “conscious disregard for life” when he killed the bicyclist. The judge ruled before trial that the jury would not be allowed to consider a lesser charge of vehicular manslaughter. The judge found that he was not completely remorseful and was an alcoholic with drug issues.
The driver will be eligible for parole in about 13 years because he has already served almost two years in prison before the conviction. His lawyer, who is one of the better known Orange County DUI Lawyers in this area, are planning an appeal.
Tags
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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Tuesday, August 24th, 2010
How to Clear My DUI Charges? Beat DUI Arrest Now!
Do you want to clear your DUI charges? Evidence showing that a person is charged with an offense does not necessarily mean that the person is guilty. This is why you have to clear your DUI charges before you are confirmed guilty and before the police enter it in the criminal records as a public document.
The steps you should take in order to clear a DUI record are not easy especially if you learn it through experience. You will absolutely know how hard beating a dui arrest record can get if you have been charged a DUI before.
To clear your DUI charges, you must hire a criminal lawyer that has experience in these kinds of cases, proof that you were not drunk, and a BAC level that is lower than.08%. The rules and procedures show some discrepancy from different states but most DUI can be expunge. Although it is hard, most DUI’s can be cleared if you do the following:
To ensure that your BAC is calculated properly, you must keep in mind that breathalyzer tests are judged on the normal person’s BAC levels. This information is helpful if your Blood Alcohol Content and patience levels differ from that statistic.
To provide a good protection, you must remember that some drinks like coffee lattes can make breathalyzers give an imprecise BAC reading. You’ll be able to clear your DUI charges if what you have been consuming is not alcohol but just coffee latte.
If you have evidence that you were not impaired when you were pulled over, you will have a chance to avoid DUI conviction. This argue can be supported if you had a BAC level lesser than.08%. You must bear in mind that if your actions show that you were under the influence at the time of the testing and the state can provide adequate evidence to prove it, your arguments will be overruled. You will be convicted for DUI without any doubt.
With the above easy steps, you are going to take your first stair to clear your DUI record as long as you chase them. You need to perform what the officer will tells you to do in order to avoid adding new charges to your DUI and lower your chance of clearing your DUI charge overall. You must also be familiar with the circumstances that can affect the result of your BAC as well as the preferred level of BAC to guarantee that you can beat DUI arrest.
Author BioRichard Jacobs is a chief editor since early 2007, and he currently works for MyDUIAttorney. A website that helps you to find the right DUI lawyer, you can search for a Houston DUI Lawyer or for New Jersey DUI Lawyer online, anytime!
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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Tuesday, August 24th, 2010
Actress Joyce DeWitt of “Three’s Company” fame will go it alone facing probation in a DUI case, our Newport Beach DUI Lawyers have learned.
The 61-year-old sitcom actress Joyce DeWitt pleaded no contest to a misdemeanor drunk driving incident from last year, the Los Angeles Times reports.
In general a no contest plea is similar to a plea of guilty. A plea of no contest can be advantageous for defendants where the effects of a plea of guilty may be too harsh. A no contest plea also generally cannot be used to the same extent as a guilty plea as evidence used against the accused in any civil suit for the same act.
One disadvantage of a no contest plea is that it often carries the same legal effect as a conviction for sentencing purposes. Though a defendant may hope for leniency during sentencing for saving the court the time and costs of a trial, one may risk receiving the same punishment without the opportunity to offer a defense or a chance for an acquittal from a jury.
In this DUI case, DeWitt was charged last July with two misdemeanor counts, driving under the influence and driving while having a 0.08% or higher blood alcohol level. Authorities say DeWitt’s blood alcohol was .15% — almost twice the legal limit.
She was arrested last year on the Fourth of July in El Segundo.
An officer said that DeWitt drove around a barricade intended to control vehicular traffic.
DeWitt pulled up in a black sports car, parked and staggered toward a police officer standing in uniform next to his motorcycle, witnesses said.
DeWitt was sentenced to three years probation and must attend a nine-month alcohol program.
Probation is the period during ”the probationer” is subject to critical examination and evaluation. The trial period must be completed before a person receives greater benefits or freedom.
In addition, DeWitt must pay a $510, plus penalty assessments.
Tags
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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Tuesday, August 24th, 2010
Lindsay Lohan has been an active participant in the celebrity news cycle throughout her Hollywood career. A new scandal or piece of juicy gossip about the young actress seems to emerge every week or two, reminding us how calm most of our lives are in comparison.
But a recent turn has taken Lohan from the world of L.A. gossip to serious legal tangle, as she had to appear in court after pleading guilty to misdemeanor drug charges and no contest to three driving charges in 2007. She was given probation at the time.
Now, a judge has ordered that Lohan must wear an alcohol-monitoring bracelet, and submit to drug testing in the L.A. every week, the San Jose Mercury News is reporting. The SCRAM bracelets, as they are called, measure alcohol through the skin, and report the presence of alcohol to a separate machine.
At first, Lohan’s lawyer attempted to contest the ruling that her client had to wear a bracelet. The judge responded that she would be happy to spend the next half an hour listing reasons that she is requiring Lohan to wear the bracelet tracking her blood alcohol content. The lawyer accepted that as basis enough to continue without further challenge.
The judge also ordered an alcohol education program for the starlet.
Her appearance in court recently was to address the fact that Lohan, had missed an appointment to appear in court last week for a progress report on her probation. On the day that she was supposed to be in Beverly Hills for that progress report, she was actually in Cannes, France, partying at the Cannes Film Festival. A warrant for her arrest was sent out, though it was recalled after Lohan posted bail.
Lohan’s lawyer claimed that her passport had been stolen while she was in France, and that it prevented her from getting on a flight from France.
The weekly drug testing could jeopardize a movie project that Lohan was scheduled to film in Texas. When presented with this information, the judge suggested that the project would have to wait.
Lohan spent several hours after the court session, waiting to have the alcohol-monitoring bracelet put on. She will have to wear the bracelet at least until her next hearing, which will take place in July.
While ignition interlock devices are common penalties for a Los Angeles DUI arrest, alcohol monitoring bracelets are less common. However, this high-profile case has brought them to the attention of the public at large, and even some mothers have an interest in using them to keep tabs on their teenagers.
Steps such as these are still a ways off, however, as the bracelet is not widely available, although many Orange County DUI Lawyers have been using them for years to avoid mandatory jail time for clients.
Tags
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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Tuesday, August 24th, 2010
David Hasselhoff’s ex-wife has been sentenced to jail after pleading no contest to a drunken driving charge.
Los Angeles DUI cases often involve celebrities. Court records show Pamela Bach entered a plea Thursday in a Los Angeles court and was sentenced to 90 days. She will begin serving the sentence in May.
She received 60 days of jail time because she was on probation for a previous drunken driving case when she was arrested in November. Authorities found she had a blood alcohol level of 0.14, well above the legal limit of 0.08.
Attorney Jon Artz says Bach “wants to do the right thing” and move forward with her life.
Bach was married to Hasselhoff for 16 years until he filed for divorce in 2006. She appeared as a cafe owner in several episodes of Hasselhoff’s series, “Baywatch.”
Tags
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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Tuesday, August 24th, 2010
Former ‘Hills’ Star Jason Wahler Charged After DUI Arrest
March 30th, 2010
Jason Wahler is going for an all-time international party boy record — the former “Hills” star just got charged with two counts of DUI after his second alcohol-related arrest in a month.
According to the Orange County District Attorney, Wahler — whose blood alcohol level was allegedly .15% when he was busted on March 19 — faces six months in jail if convicted.
Just a week earlier, Wahler was arrested after a bar fight in Cabo San Lucas, Mexico — then mysteriously bailed out and traveled back across the border to start more trouble.
If you have comments on anything related to the Orange County DUI scene, call me at (714) 568-1560.
Tags
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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Tuesday, August 24th, 2010
Law enforcement agencies should be encouraged to employ the most effective means for getting drunk drivers off of the road. Unfortunately, ineffective tactics widely used today, including roadblocks and PR campaigns, target responsible adults while they ignore the root cause of today’s drunk driving problem — hard core product abusers and repeat offenders.
Data from the National Highway Traffic Safety Administration (NHTSA) show that the average blood alcohol content (BAC) of a drunk driver in a fatal car crash is 0.19% — more than twice the legal limit. The NHTSA administrator has said that today’s problem is “by far and away” made up of “those who have alcohol use disorders.” And a NHTSA study found that “specific deterrence strategies, like roving patrols that ‘hunt down’ DWIs, might be the optimum means for targeting the hard core drinking driver.”
“[T]he number of DWI arrests made by the roving patrol program was nearly three times the average number of DWIs made by the checkpoint programs,” NHTSA reported. “If making a large number of DWI arrests is an objective of a program, [the data] clearly suggests that roving patrols would be the preferred option.”
“Roadblocks, lower arrest thresholds, and red-ribbon campaigns are not going to change the behavior of the alcohol abusers who are the source of today’s drunk driving problem,” said ABI executive director John Doyle. “In fact, these efforts divert funds and attention away from the real problem. We need to use the most effective law enforcement methods we have to get drunk drivers off the road.”
However, DUI checkpoints exist as a marketing tool for MADD, and because substantial state and federal monies go to police for DUI checkpoints, keeping officers off the road and thus not finding persons drunk driving.
Tags
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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Tuesday, August 24th, 2010
The following is a press release sent to our Orange County DUI Lawyers regarding Orange County DUI Checkpoint Locations in Costa Mesa for February, 2010.
Release Date: February 17, 2010
PIO: Lieutenant Bryan Glass
714.754.5603
Sergeant Phil Myers
714.754.5074
Synopsis:
Drunk driving is one of America’s deadliest crimes. In California last year 1,029 people died in crashes
involving a driver or motorcycle rider with a blood alcohol concentration (BAC) of .08 or higher. That is
why the Costa Mesa Police Department announced today they will be holding a DUI/Driver’s License
checkpoint on Friday, February 19 th , from 8:00 p.m. to 2:00 a.m., on Baker Street at Bear Street.
“Make no mistake. Our message is simple. No matter what you drive—a passenger car, pickup, sport
utility vehicle or motorcycle—if we catch you driving impaired, we will arrest you. No exceptions. No
excuses,” said Sergeant Makiyama. “We will be talking to drivers, making sure they are not impaired,
arresting those who are, and getting the word out that impaired driving and driving without a proper
license is not acceptable in Costa Mesa.
The Costa Mesa Police Department advises that by following these easy steps, a driver can enjoy a safe
and festive evening without jeopardizing their life and the lives of the others who may be on the road.
Plan a safe way home before the festivities begin;
Before drinking, designate a sober driver and give that person your keys;
If you’re impaired, use a taxi, call a sober friend or family member, or use public
transportation so you are sure to get home safely;
If you happen to see a drunk driver on the road, don’t hesitate to call 911.
Driving impaired is simply not worth the risk. The consequences are serious and real. Not only do you risk
killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for driving while
impaired can be significant. Violators face jail time, the loss of their driver’s license, higher insurance
rates, and dozens of other unanticipated expenses.
Funding for this checkpoint comes from the California Office of Traffic Safety through the National
Highway Transportation Safety Administration.
Supervisor Writing / Approving Release: David Makiyama, Sergeant
Tags
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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Tuesday, August 24th, 2010
The information below is brought to you by our San Bernardino DUI Lawyers:
Fans Don’t Let Fans Drive Drunk -Avoid the 25 DUI Task Force Deploying Roving Saturation Patrols Super Bowl Sunday
San Bernardino, – Sheriff Rod Hoops announced today that he is teaming up with the National Football League (NFL), California Office of Traffic Safety, the National Highway Traffic Safety Administration, and law enforcement officials to remind everyone to designate a sober driver if they plan to be drinking alcohol on Super Bowl Sunday.
This Sunday, law enforcement is again asking for the public’s help. “Drunk driving is the top priority for the police, CHP, and sheriff’s deputies, but everyone who is hosting a party and serving drinks could have one of the best defenses there is against drunk drivers; a Designated Sober Driver,” said San Bernardino County Sheriff Rod Hoops “We’re asking for our community’s help by planning for a Designated Sober Driver at every super bowl party long before kick off.”
Super Bowl Sunday is one of America’s biggest and most entertaining national sporting events as friends and families gather to socialize and watch the big game. Yet, it has also become one of the Nation’s most dangerous days on the roadways due to impaired driving. The Avoid the 25 San Bernardino DUI Task Force will be deploying DUI saturation patrols targeting those who drive impaired.
According to research by the National Highway Traffic Safety Administration, in 2008, fatalities in alcohol-impaired-driving crashes accounted for 32 percent of all motor vehicle traffic fatalities. On Super Bowl Sunday 2008, 49 percent of the fatalities occurred in crashes where a driver or motorcycle rider had a blood alcohol concentration (BAC) level of .08 or higher.
In California 11 people were killed Super Sunday 2009 and another 133 were injured in Alcohol Involved Collisions. Tragically, that is 3 times the daily average killed in California with alcohol as a factor and those injured were other twice the daily average.
“We continue to see far too many people hurt or killed as a result of impaired driving. Please do your part to stop this senseless crime,” said Christopher J. Murphy, Director of the California Office of Traffic Safety. “To help ensure that this happens, the Avoid the 25 partners are dedicated to arresting impaired driving. To help, we ask everyone; ‘Report Drunk Drivers, Call 911!’”
The following cities will have additional law enforcement personnel on patrol Super Bowl Sunday specifically to arrest drunk drivers: Victorville, Loma Linda, Yucaipa, Needles, Hesperia, Big Bear, Highland, Grand Terrace, 29 Palms, Yucca Valley, Redlands, Colton, Rialto, Barstow, Upland, Fontana, Chino and San Bernardino.
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
If you are hosting a Super Bowl party:
• Remember, you can be held liable and prosecuted if someone you served ends up in an impaired-driving crash.
• Make sure all of your guests designate their sober drivers in advance, or help arrange ride-sharing with other sober drivers.
• Serve lots of food and include lots of non-alcoholic beverages at the party.
• Stop serving alcohol at the end of the third quarter of the game and begin serving coffee and dessert.
• Keep the numbers for local cab companies handy, and take the keys away from anyone who is thinking of driving while impaired.
If you are attending a Super Bowl party or watching at a sports bar or restaurant:
• Designate your sober driver before the party begins and leave your car keys at home.
• Avoid drinking too much alcohol too fast. Pace yourself—eat enough food, take breaks, and alternate with non-alcoholic drinks.
• If you don’t have a designated driver, ask a sober friend for a ride home; call a cab, friend, or family member to come and get you; or just stay where you are and sleep it off until you are sober.
• Never let a friend get behind the wheel of their vehicle if you think they are about to drive while impaired. Remember, Fans Don’t Let Fans Drive Drunk.
• Always buckle up – it’s still your best defense against other impaired drivers.
Refer: Dave Phelps, Sergeant
Station: San Bernardino County Sheriff’s Department
Phone No.: (909) 387-3700
ROD HOOPS, SHERIFF
SAN BERNARDINO COUNTY SHERIFF-CORONER DEPARTMENT
c/o Public Affairs Division
655 East Third Street
San Bernardino, California 92415-0061
Telephone: (909) 387-3700
Tags
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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Tuesday, August 24th, 2010
Information was passed on from the police via press release to our Riverside DUI Lawyers regarding DUI patrols for the Superbowl this year.
Fans Don’t Let Fans Drive Drunk
Avoid the 30 DUI Task Force Deploys Roving Saturation Patrols Super Bowl Sunday
Riverside, California- Riverside County AVOID the 30 program announced today that they are teaming up with the National Football League (NFL), California Office of Traffic Safety, the National Highway Traffic Safety Administration, and law enforcement officials across the state to remind everyone to designate a sober driver if they plan to be drinking alcohol on Super Bowl Sunday.
“We want to pass our safety message to everyone who will be drinking this weekend, real Fans Don’t Let Fans Drive Drunk,” said Supervisor Karen Haverkamp, the Riverside County AVOID the 30 coordinator. “Please act responsibly, designate a sober driver before the Super Bowl party begins and leave your car keys at home.”
Super Bowl Sunday is one of America’s biggest and most entertaining national sporting events as friends and families gather to socialize and watch the big game. Yet, it has also become one of the Nation’s most dangerous days on the roadways due to impaired driving. The AVOID the 30 Riverside County DUI Task Force will be deploying DUI saturation patrols targeting those who drive impaired.
According to research by the National Highway Traffic Safety Administration, in 2008, fatalities in alcohol-impaired-driving crashes accounted for 32 percent of all motor vehicle traffic fatalities. On Super Bowl Sunday 2008, 49 percent of the fatalities occurred in crashes where a driver or motorcycle rider had a blood alcohol concentration (BAC) level of .08 or higher.
In California 11 people were killed Super Sunday 2009 and another 133 were injured in Alcohol Involved Collisions. Tragically, that is 3 times the daily average killed in California with alcohol as a factor and those injured were over twice the daily average.
“Designating a sober driver should be on the top of everyone’s Super Bowl party list,” said Riverside Police Chief Russ Leach. “It’s just one of several easy steps to help save lives.”
“We continue to see far too many people hurt or killed as a result of impaired driving. Please do your part to stop this senseless crime,” said Christopher J. Murphy, Director of the California Office of Traffic Safety. “To help ensure that this happens, the Avoid the 30 partners are dedicated to arresting impaired driving. To help, we ask everyone; ‘Report Drunk Drivers, Call 911!’”
Riverside County Avoid the 30 will be conducting enforcement operations across the county for the Super Bowl Sunday Crackdown. Saturation patrols will be held in Beaumont, Blythe, Canyon Lake, Coachella, La Quinta, Menifee, Moreno Valley, Murrieta, Palm Springs, Perris, Riverside, San Jacinto, and Temecula. In addition, CHP is on Maximum Enforcement for the weekend.
If you are hosting a Super Bowl party:
Remember, you can be held liable and prosecuted if someone you served ends up in an impaired-driving crash.
Make sure all of your guests designate their sober drivers in advance, or help arrange ride-sharing with other sober drivers.
Serve lots of food and include lots of non-alcoholic beverages at the party.
Stop serving alcohol at the end of the third quarter of the game and begin serving coffee and dessert.
Keep the numbers for local cab companies handy, and take the keys away from anyone who is thinking of driving while impaired.
If you are attending a Super Bowl party or watching at a sports bar or restaurant:
Designate your sober driver before the party begins and leave your car keys at home.
Avoid drinking too much alcohol too fast. Pace yourself—eat enough food, take breaks, and alternate with non-alcoholic drinks.
If you don’t have a designated driver, ask a sober friend for a ride home; call a cab, friend, or family member to come and get you; or just stay where you are and sleep it off until you are sober.
Never let a friend get behind the wheel of their vehicle if you think they are about to drive while impaired. Remember, Fans Don’t Let Fans Drive Drunk.
Always buckle up – it’s still your best defense against other impaired drivers.
For more information, please visit www.StopImpairedDriving.org or www.avoidthe30.org
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Date: Wednesday, February 3, 2010
Contact: Karen Haverkamp, Traffic Bureau Administrative Supervisor
Phone: (951) 3353-7980 or khaver@riversideca.gov
Tags
Blood alcohol content, California, District attorney, Driving under the influence, lawyer, Life imprisonment, Manslaughter, Murder, orange county dui lawyers
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