Recently in DUI Defense Category

August 9, 2011

Suspected Drunk Driver Leads Los Angeles Police On High-Speed Chase

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.

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August 2, 2011

D.J. Samantha Ronson Arrested On Suspicion Drunk Driving

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.

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July 31, 2011

"Dirty DUIs" Underscore Consequences Of Drunk Driving Arrests

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.

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July 25, 2011

Los Angeles Superior Court Jury Finds Compton Beach Prosecutor Responsible For Drunk Driving Crash Injuries

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.

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July 23, 2011

Pasadena Jockey Arrested On Suspicion Of California DUI

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.

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July 14, 2011

Rodney King Faces California DUI Charges

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.

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July 5, 2011

Rick Springfield Enters Not Guilty Plea In DUI Case

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.

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June 28, 2011

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

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.

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June 22, 2011

Trace Amounts Of Alcohol May Lead To Drunk Driving Accidents

The University of California, San Diego as just released a startling new drunk driving study finding that just trace amounts of alcohol - the amount that makes people feel a "buzz" - significantly increases your chances of being in a drunk driving accident causing serious injuries and fatalities.

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

Although California's legal limit is .08% and may lead to a drunk driving charge, research of nearly 1.5 million fatal accidents reveals that even a blood alcohol concentration of .01 percent is enough to increase your odds of being killed in a drunk driving crash.

Utilizing our drunk driving defense law firm blood alcohol calculator, someone weighing 150 pounds who drinks one beer over the course of an hour reaches that .01% threshold. For those who weigh less, half a beer may be enough.

Researchers note "accident severity increases significantly even when the driver is merely 'buzzed.'" Other driving behaviors altered at low BACs include:

• Drivers are more likely to speed
• Improper seat belt use
• Greater likelihood of colliding with another vehicle

The results of this study show driving while under the influence impairs your ability to respond and react, ultimately increasing your chances of being in an accident and further underscoring the need to have a designated driver or determine an alternative mode of transportation.

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May 31, 2011

Glendale Crash Leads To Bicycle DUI Charges

This past week a Glendale resident was arrested for a bicycle DUI after he allegedly crashed his bike into a car that was stopped at a red light. The Glendale News-Press reports that after taking field sobriety tests, his blood alcohol level (BAC) was recorded as .22 and .23. California's legal limit is .08.

If you are arrested for any drunk driving offense, it is important to speak to a skilled L.A. DUI defense lawyer immediately to fight the charges.

Here, the Glendale bicyclist tried to pass a car that was idling at a red light, but ended up running into the vehicle causing minor scratches to the car. The bicyclist received small cuts. He was subjected to sobriety tests at the scene, and was subsequently arrested on a suspicion of bicycling under the influence of drugs or alcohol.

Similar to a motor vehicle DUI offense, a bicycle DUI is a crime under California law. California Vehicle Code Section 21200.5 sets forth penalties for a bike DUI, typically fines of not more than $250.

Many of the same strategies and defenses exist to a "biking DUI" as a motor vehicle DUI. For example, although police officers may request cyclists complete field sobriety tests as with a motor vehicle DUI investigation, compliance is voluntary. Often, it is better to politely decline. Additionally, even where BAC results are above the legal limit, these results may be challenged. In some instances the testing equipment may be flawed, in others the findings may be inflated. Regardless of the charges, it is always best to challenge a DUI charge in order to reduce the potential consequences.

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May 30, 2011

Felony Charges Not Filed In Estella Warren Los Angeles DUI Case

New reports indicate that Planet of the Apes star Estella Warren will not face felony charges. She was arrested last week on a suspicion of Los Angeles DUI after she allegedly ran her car into three other vehicles and kicked a police officer. While she was at the police station she was able to get out of the handcuffs and tried to escape. She was subsequently caught and charged or DUI, assault and hit and run. However, because Warren was not actually booked when she escaped, she will not be charged with felony escape.

If you have been charged with any type of drunk driving offense, it is important to contact an experienced Los Angeles drunk driving defense lawyer immediately to begin preparing your defense.

Here, although Warren may not be able to avoid all charges, by knowing all the elements of each offense, seasoned DUI defense lawyers may be able to get charges reduced or eliminated. Here - the fact that Warren had not been yet been charged was a significant element in her defense. Many times errors exist in the stops that led to a charge, how the stop was conducted, and procedural errors in arrests that affect the outcome.

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May 12, 2011

Controversial Apps Alert Of Los Angeles DUI Checkpoints And Other Roadway Hazards

Google and Apple continue to be pressured from Senators to remove Android and iPhone DUI sobriety checkpoint apps such as Buzzed and Fuzz Alert. These apps are criticized as allegedly "helping people commit unlawful acts" by giving them notice of DUI roadblocks and arguably, avoid being stopped for drunk driving.

However, these apps do far more than alert drivers of DUI checkpoints. They also notify drivers of helpful driving related issues such as where nearby cabs are located, FAQs about drunk driving, and alerts concerning roadway construction and red light camera placement.

If you have been arrested at a Los Angeles area sobriety checkpoint, contact an experienced L.A. DUI defense lawyer immediately to protect your rights and determine the validity of the stop.

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May 10, 2011

Santa Monica Police Officers Search Alleged Drunk Driver's Car And Find Potential Identify Theft Evidence

According to the Santa Monica Mirror, Santa Monica police detained a man driving northbound on Nielson Way after noticing his headlights were not on. After speaking with the driver, police officers believed that the man was driving under the influence of alcohol and arrested him.

Pursuant to the arrest, police officers then conducted a search of his car, discovering evidence of ecstasy as well as documents allegedly connected to identity theft. The 30-year-old Santa Monica man was then charged with possession of a controlled substance and possession of personal information.

If you have been stopped for drunk driving, it is important to contact an experienced Los Angeles drunk driving defense lawyer immediately to begin preparing your defense.

Specific rules and constitutional guidelines govern each step of a California DUI stop - including whether probable cause exists to stop the vehicle and there was sufficient cause to allow a search of the car or trunk. Failure of the officers to follow proper protocol may lead to both drunk driving charges being reduced and eliminated as well as any additional evidence obtained thrown out or suppressed.

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May 6, 2011

Law Enforcement Out In Force Seeking To Arrest Los Angeles Drunk Drivers Over Cinco de Mayo Weekend

The San Gabriel Valley Tribune reports that law enforcement from around Los Angeles County will be out in force this Cinco de Mayo weekend, searching to detain and arrest drunk drivers. Officials from the LAPD, sheriff's office and California Highway Patrol will be on the look out for anyone suspected of driving under the influence.

Irwindale and Alhambra sobriety checkpoints are scheduled as well.

If you are detained on a suspicion of drunk driving or are arrested pursuant to a drunk driving stop or 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.

According to sheriff's officials, the Los Angeles County DUI task force will be saturating the freeways and unincorporated communities "look for the signs of a drunk driver to stop, test and arrest if they have had too much alcohol."

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May 3, 2011

Rick Springfield Arrested On A Suspicion On Malibu Drunk Driving

Singer Rick Springfield was arrested Sunday night in Malibu on a suspicion of drunk driving . News reports indicate that he was stopped for speeding, and after officers smelled alcohol, administered a breathalyzer test. Law enforcement stated that Springfield's blood alcohol content was measured at .10% and .08%, placing him just above or at the legal limit.

If you have been detained for a suspected Los Angeles DUI, contact an experienced California DUI defense lawyer immediately to challenge the evidence and protect your driving privileges.

Many people don't realize that a few crucial choices they make if stopped for suspected drunk driving may influence the consequences later on. For example, taking field sobriety tests (FSTs) is voluntary. Because FSTs are subjective and may lead to inaccurate results, under California law you may refuse to take one. Rather than face an arrest based on an inaccurate test, simply politely decline to take one.

Additionally, similar to FSTs, chemical and breathalyzer tests may also be flawed. Even if you submit to a test and fail - the results may be challenged.

Also, do not make statements or admissions of fault to law enforcement. Police may try to prompt you into making incriminating statements. If you've been stopped, avoid making any statements to the police.

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