Los Angeles DUI Lawyer Blog

News reports that a 21-year-old Los Angeles man pleaded guilty to a San Diego felony DUI accident that killed a woman. The man was sentenced to four years and four months in prison as the result of the drunk driving accident.

If you have been charged with any drunk driving offense, including felony DUI, contact a Los Angeles drunk driving defense lawyer immediately to protect your driving privileges and begin preparing your defense. An experienced L.A. DUI defense attorney can determine the optimum strategy for obtaining the best results in your matter.

Here, Long XU pleaded guilty to both felony DUI and an allegation that he caused great bodily injury to a 21-year-old woman. The woman - Jiani Cheng - had travelled to the United States just four months before the fatal accident to study English.

Drunk driving injury accidents or DUI fatal accidents are typically charged as felonies and the applicable drunk driving penalties depend on many factors including, but not limited to, previous drunk driving arrests, prior criminal history and the extent of the injuries involved.

Here, the San Diego Superior Court Judge who sentenced XU imposed the lowest prison term available under the law. XU had been a law-abiding citizen up until this point, which Judge Eugenia Eyherabide took into consideration in determining his sentence. She noted, "By all accounts, you are a very good, extraordinary person," but also commented that the evidence showed that XU drove "way to fast," leading the car to flip and causing the accident. Where a conviction is unavoidable, an experienced Los Angeles drunk driving defense lawyer may be able to reduce your sentence by pointing out factors in your defense.

In a chemical test taken after the collision, XU's alcohol content measured 0.10%, above the 0.08% legal limit. Under California law, driving with a BAC of above 0.08% constitutes a per se drunk driving offense, subjecting the driver to potential fines, jail time and driver's license restrictions.

Continue reading "Los Angles Man Gets Prison Term, Leniency Based On Past History Of Good Behavior" »

According to the Los Angeles Daily Breeze, a suspected drunk driver led Los Angeles Police Department (LAPD) officers on a high-speed chase through downtown Los Angeles before crashing into several cars and running into a fire hydrant. The chase ensued after officers attempted to pull over the driver near Fourth and Figueroa streets and the woman sped away. The pursuit ended after the driver created a 20-foot geyser when she crashed into the fire hydrant. New reports that the driver is expected to be booked on a suspicion of drunk driving, although it is unclear what actions prompted the attempted stop in the first place.

Often people who are pulled over by police panic and try to run. Trying to elude police can be a mistake - high-speed chases may lead to additional charges and create dangers from both the police and drivers.

High speed chases are inherently dangerous and may lead to charges of reckless driving, moving violations and may lead to additional charges if bystanders are injured as a result of the chase. In some instances, police officers may also be liable for injuries occurring in high-speed chases such as where they fail to follow official pursuit policies.

Rather than attempting to outrun a police officer, contact an experienced Los Angeles drunk driving defense lawyer to fight the charges.

If you are stopped, following a few simple drunk-driving suggestions can protect your driving privileges and help minimize the potential consequences. Some drunk driving stop tips include:

• Politely answer police officers questions, but avoid making statements. Police officers may try to prompt you into incriminating yourself, but do your best to stick to yes or no answers.

• Remember Field Sobriety Tests (FSTs) are voluntary. Due to their unreliability and the excessive amount of discretion used to determine whether a driver passes or fails a test, many jurisdictions have outlawed FSTs altogether. In California, FSTs are permitted - but voluntary. You can politely decline to take a test.

• Immediately contact an experienced drunk driving defense lawyer. The faster you act, the better your chances of protecting your future and your driving privileges. A drunk driving conviction has both criminal and DMV consequences as well as a "ripple effect" that may affect your ability to obtain employment, higher insurance rates and even your credit score and your ability to qualify for an apartment lease. The best chance to avoid a conviction and minimize the potential effects - either by reducing charges or getting them dismissed altogether - is by contacting an aggressive Los Angeles drunk driving defense attorney.

Continue reading "Suspected Drunk Driver Leads Los Angeles Police On High-Speed Chase" »

The Los Angeles/LAX Daily Breeze reports that a previously convicted drunk driver is now being held on charges of allegedly causing a fatal DUI crash in Orange County. Yannis Ismael Galanis was arrested for felony gross vehicular manslaughter and gross negligence after allegedly speeding on the Santa Ana Freeway near Disneyland, swerving into another lane and crashing into another vehicle. Galanis' truck continued up a dirt embankment and crashed head-on into a concrete bridge, killing Galanis' passenger.

Fatal DUI accidents often lead to California's harshest penalties and toughest prosecution. Many factors go into determining the penalties into any drunk driving accident, including the severity of the accident and the background of the individual driver. Here, where the driver is an alleged repeat DUI offender and the accident resulted in a fatality, the potential for severe consequences is great. In some cases prosecutors have been charging repeat offenders who cause fatal drunk driving accidents with murder.

If you have been charged with any drunk driving offense, it is critical to contact a Los Angeles drunk driving defense lawyer immediately to begin preparing your defense and protect your driving privileges.

Continue reading "Convicted Drunk Driver Charged In New Fatal DUI Accident" »

Samantha Ronson - D.J. and ex-girlfriend of Lindsay Lohan - was arrested on suspicion of drunk driving on Monday. The arrest occurred after Ronson was pulled over for speeding. Police indicate that after she was stopped she showed signs of being impaired. She then submitted to field sobriety tests (FSTs) and was arrested for misdemeanor driving under the influence.

If you have been charged or arrested for a California DUI, it is important to contact an experienced Los Angeles drunk driving defense lawyer immediately to protect your rights and begin preparing your defense.

Here, one of the reasons cited for Ronson's DUI arrest was her performance on the balance test - one of the field sobriety tests administered by the police officers. Many drivers don't realize that FSTs are voluntary. You may politely to refuse law enforcement's request to perform them. However, even if you do submit to a FST such as the balance test, a walk and turn test or a vertical/horizontal gaze test, charges based on your performance may be challenged. FSTs are a notoriously unreliable measure of whether a person is DUI. In fact many reasons may exist for a FST "failure" such as exhaustion, weather conditions, and even confusing instructions.

By pointing out flaws in the testing procedure or other arrest errors, it may be possible to get drunk driving charges reduced, and in some cases dismissed.

Continue reading "D.J. Samantha Ronson Arrested On Suspicion Drunk Driving " »

Recently, a drunk driving scam called a "Dirty DUI" has gained notoriety in Contra Costa County, Los Angeles and throughout California. The drunk driving ploy was simple - prey on innocent men, feed them alcohol and then encourage them to get behind the wheel. According to court documents, a police officer would be waiting nearby to make a DUI arrest. The plan was not to encourage responsible drinking and driving, rather the plan was to trap an otherwise unwitting participant into doing something they otherwise would not - drink and drive. When the suspect was then caught drunk driving, evidence of this infraction was allegedly used to influence custody and divorce arrangements.

If you have been arrested on a suspicion of a California drunk driving offense - under any circumstance - contact an experienced Los Angeles drunk driving defense lawyer immediately. Arrests and charges may affect many areas in your life and it you need to act quickly to control the impact.

As a result of the alleged "Dirty DUI" scheme, a California man, David Dutcher, was arrested for a DUI. In a case currently pending in Contra Costa County, Dutcher will get a chance to argue that the DUI unfairly tainted his divorce settlement and will have the opportunity to remove his plea. Dutcher notes, "I'm ashamed that I let my guard down." Others involved in the "dirty DUI" scheme await potentially significant consequences for those involved.

Continue reading ""Dirty DUIs" Underscore Consequences Of Drunk Driving Arrests" »

Deputy District Attorney Marilyn Seymour settled a 2010 Long Beach drunk driving crash for $1.2 million to avoid the higher payout sought by plaintiffs in a civil jury trial. The Long Beach crash occurred after the prosecutor admittedly drove home drunk. Seymour noted that she was driving the speed limit at the time her car rear-ended another vehicle, causing serious injuries. LA County was also listed in the original complaint, but was later dismissed after it was determined that Seymour was "not in the course and scope of her job when the accident happened."

If you have been involved in a drunk driving accident that causes injuries, it is likely that you will face a number of legal proceedings, including potential civil charges arising out of any injuries, criminal charges as the result of any DUI offense, as well as DMV proceedings. It is important to contact an experienced Los Angeles drunk driving defense lawyer to protect your rights and help you navigate the various procedural steps.

Here Seymour faced immediate DUI charges for the drunk driving accident. DUIs with injuries can be charged either as a felony or misdemeanor depending on the extent of injuries to the victim, along with the driver's history of criminal or other DUI charges. In this case, Seymour was charged with a misdemeanor because it was her first DUI. Seymour now attends DUI-related classes.

Continue reading "Los Angeles Superior Court Jury Finds Compton Beach Prosecutor Responsible For Drunk Driving Crash Injuries" »

According to San Diego news, a jockey - Mike Smith - who won the opening-day stakes at Del Mar racetrack was arrested just hours later on charges of a suspicion of driving under the influence.

Smith, a Pasadena resident, was detained by police who said that his 2011 Landrover was weaving and driving at a very slow speed while passing through the Torrey Highlands area of San Diego. He was booked in a San Diego county jail, then released after posting bail.

If you have been arrested on a suspicion of drunk driving, it is critical to contact an experienced drunk driving defense lawyer immediately to begin preparing your defense and protect your driving privileges - as well as your reputation. When local news contacted the Hall of Fame Jockey's agent, he stated he was unaware of the allegations. While not admitting guilt, Mr. Smith apologized stating that "I just had about 3 glasses of wine, and at 115 pounds it's too much, I guess."

Many times - how you conduct yourself if detained on a suspicion of drunk driving will influence how you are treated by police and subsequent charges. First, it is important not to make any statements to law enforcement officers. Police may try to prompt you into making incrimination statements if stopped, but it is best to politely refuse to answer any questions.

Also, avoid taking field sobriety tests (FSTs). FSTs are voluntary because they are notoriously unreliable and subjective. Instead of risking a charge based on FST results, decline to take one.

Continue reading "Pasadena Jockey Arrested On Suspicion Of California DUI" »

A Los Angeles jury has ordered Barron Hilton - Paris Hilton's little brother - to pay $4.9 million to a gas station attendant as the result of a drunk driving accident. The verdict concludes a civil suit filed after Hilton ran into Fernando Tellez with his Mercedes Benz. Tellez now reportedly suffers permanent disabilities and had to "undergo multiple surgeries and medical procedures." Hilton was arrested for drunk driving after is blood alcohol level registered 0.14. Hilton was 18 at the time of the accident and faced charges for under 21 DUI offenses. He pleaded no contest and received 3 years probation.

Under 21 drunk driving offenses carry with them enhanced drunk driving penalties. In fact, because of California's zero-tolerance laws, drivers under 21 with any measurable BAC face punishment. Those with a BAC of .01% or higher face driver's license suspensions for up to one year. For BACs of .05% or higher, drivers may be required to complete mandatory driving under the influence classes and face losing license suspensions for up to one year. If an under 21 driver has a BAC of .08% or higher, it may be considered a misdemeanor or felony criminal offense, subject to jail time, driver's license restrictions, fines and community service.

If you are facing under 21 drunk driving charges, it is critical to contact a Los Angeles under 21 drunk driving defense lawyer. Often by challenging the evidence or by pointing out flaws in the blood, breath or field sobriety tests it may possible to get penalties reduced or even eliminated.

Continue reading "Barron Hilton To Pay $5 Million After Drunk Driving Accident" »

According to the Riverside County Sheriff's department Rodney King has been arrested on a suspicion of driving under the influence. He allegedly committed several traffic violations before being pulled over in Moreno Valley. News reports indicate that it "wasn't' clear whether King was drunk or high on drugs."

If you have been stopped or charged on a suspicion of DUI - whether intoxicated from alcohol or drugs - it is crucial to contact an experienced Los Angeles drunk driving defense lawyer immediately to protect your driving privileges and begin preparing your defense.

Here it is unclear what infractions King allegedly made before police pulled him over or whether any chemical tests had been performed to determine King's blood alcohol level (BAC). Many times, charges may be reduced or eliminated by using DUI defense strategies challenging the legality of a DUI stop or pointing out flaws in the evidence - such as faulty blood or breath tests, inaccurate field sobriety tests or errors in law enforcement protocol.

Continue reading "Rodney King Faces California DUI Charges " »

Recently, members of Congress have tried to restrict various types of smart phone applications that allow drivers to determine roadway conditions - including the existence of drunk driving checkpoints. However opponents face a tough battle. Recent decisions such as Video Software Dealers Association v. Schwarzenegger, which provides broad first amendment protections to video game content, make it likely that "DUI app" content will be protected as well.

As set forth in a recent Los Angeles Times article, many driving apps have been developed that provide critical information concerning all types of roadway conditions, such as accident reports, traffic conditions and the existence of sobriety checkpoints. Even though some pressure exists to remove the apps from the marketplace, by and large these apps are protected under the 1st amendment, similar to books, music and movies.

The recent Supreme Court opinion in Video Software Dealers Association v. Schwarzenegger invalidated California regulations of video game violence based in large part of the level of First Amendment protection afforded to violent content in video games. Although the level of protection afforded to apps hasn't been fully tested, it is likely the same principals of free speech would protect the majority of content contained in the so-called DUI apps.

Google and Apple may face pressure to remove certain apps such as "PhantomAlert," an often-criticized DUI app, but many see positive - unintended consequences of the DUI apps. In fact, many rely on DUI apps to ensure a smoother commute. The LA Times article notes that one user relies on PhantomAlert not to avoid drunk driving roadblocks because he has been drinking but rather because "checkpoints really clog up the roads."

Continue reading "First Amendment Principals In Video Software v. Schwarzenegger May Apply To DUI Apps" »

Holiday weekends are known for increased incidents of drunk driving and drunk driving arrests. This past weekend was no exception. The Glendora Patch reports that more than 800 DUI arrests were made across Los Angles County during the July 4th weekend.

If you have been arrested or detained at a Los Angeles sobriety checkpoint, it is important to contact an experienced Los Angeles drunk driving defense lawyer immediately to protect your driving privileges and begin preparing your defense.

Just because you've been stopped, doesn't mean you can't fight back. Often when large task forces are put in place, procedural errors and law enforcement missteps occurs in order to bolster numbers of arrests, rather than focusing on the true reason for stopping drivers - improving the safety of our streets and decreasing drunk driving accidents.

Police officers must follow specific guidelines such as ensuring the stops are based on neutral criteria, only detained drivers as long as necessary to ascertain whether they've been drinking, ad not using the stops for to target specific drivers.

The next Avoid the 100 anti-DUI effort will be an 18-day campaign in August encompassing Labor Day weekend. The campaigns are funded by the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Continue reading "More Than 800 LA County DUI Arrests Made During July 4th Weekend" »

Entertainer Rick Springfield has entered a not guilty plea in a Malibu Court house to two misdemeanor drunk driving charges. The drunk driving charges stemmed from an arrest on May 1st after Springfield where Springfield allegedly tests for a blood alcohol level (BAC) of .10 percent. The legal limit in California is .08 percent.

If you have been arrested on a suspicion of any Los Angeles DUI offense, it is important to contact an experienced Los Angeles DUI defense lawyer immediately to protect your driving privileges and begin preparing your defense.

Remember - just because your been arrested on a suspicion of drunk driving, doesn't mean you're guilty. Here, it may be possible to challenge the stop that led to Springfield's arrest, and well as point out flaws in the blood alcohol test evidence.

A skilled drunk driving defense lawyer can expose weaknesses in the evidence and may be able to get charges reduced or eliminated. For example, in certain instances, it may be possible to get a weak DUI charge dismissed to a non-DUI charge such as a "wet reckless," a reckless driving charge related to alcohol.

Continue reading "Rick Springfield Enters Not Guilty Plea In DUI Case" »

Desert News reports that a 25-year-old West Covina man - Steven Samuel Chavez - who is accused of killing two women in a fatal drunk driving crash east of Coachella, pleaded not guilty to second-degree murder and other charges. Felony charges include: 2 counts of second degree murder, once count of assault with a deadly weapon on a police officer, DUI causing injury and evading arrest. He was also charged with resisting a police officer.

If you have been charged with any drunk driving offense, it is crucial to contact an experienced Los Angeles drunk driving defense lawyer immediately to protect your rights and begin preparing your defense.

Chavez was driving his Toyota sedan and struck a Dodge pickup truck carrying five people. Two Whittier women, Toni Webb and her mother Rosemary Webb died in the crash. The other three occupants of the truck were treated for minor injuries.

Whenever a fatal DUI accident occurs, several factors affect the charges facing the driver and the potential DUI penalties. First, it is important to determine if in fact the driver was operating the vehicle under the influence. Here, it is unclear what evidence exists showing that Chavez was drunk driving. Many times, drunk driving evidence can be challenged by questioning the validity of a breathalyzer or blood test. Additional factors to be considered include whether the drinking caused the accident or if an intervening or alternative cause exists for the accident. In many cases, even if someone has a drink, alcohol is not the true cause of a crash.

Continue reading "West Covina Man Pleads Not-Guilty In Fatal DUI Crash" »

A recent Supreme Court case may have a significant impact on when blood test evidence may be used to prove a driver was under the influence. In Bullcoming v. New Mexico, Donald Bullcoming rear-ended a truck. When the truck driver approached Bullcoming to exchange insurance information, he reported that Bullcoming smelled of alcohol. Bullcoming fled on foot, but was detained by a police officer that arrested him for drunk driving. Bullcoming then refused a Breathalyzer test. After obtaining a warrant, a police officer took Bloodcoming's blood test. The test allegedly showed a BAC of .21.

Under California law, if you have a blood alcohol level above the legal limit, you may be arrested on per se drunk driving charges. In order to be convicted, prosecutors must provide proper evidence. Blood alcohol tests may be subject to human error or may be shown to be faulty.

Here, the police officer that administered the test was unavailable at trial to testify about the result. The Supreme Court determined that the blood test could not be certified through the in-court testimony of an analyst who did not sign the test result document or observe the test. Rather, the blood tests results need to be verified in court by the police officer who administered the test.

Continue reading "U.S. Supreme Court DUI Case - Bullcoming v. New Mexico - Requires In Person Certification Of Blood Alcohol Results" »

The Los Angeles Times reports that a Glendale man was arrested on Tuesday for driving with a 0.11% blood alcohol level (BAC) while his daughter was in the car. The Los Angeles District Attorney's office has filed three criminal counts against the man as the result of the alleged drunk driving incident including driving with a blood alcohol level above the legal limit and cruelty to his daughter.

If you have been arrested on any drunk driving charge, it is critical to contact an experienced drunk driving defense lawyer immediately to protect your driving privileges and begin preparing your defense.

Here, the charges are very serious. Under California law, the state imposes additional penalties where the legislature has determined "aggravating circumstances exist." One of the circumstances is driving with a child under the age of 14. In these situations, prosecutors may charge parents with either a DUI with child endangerment or file a separate charges of a DUI wit a minor in the car. Either situation may lead to significant penalties including additional jail time, fines and driver's license suspensions.

Continue reading "Glendale Man Arrested For DUI With Child Endangerment" »