California Criminal Lawyers Blog

The Press-Enterprise is reporting that three law enforcement agencies worked together to arrest a man with DUI as well as theft-related charges.

Santa Ana Criminal Defense Attorney Vincent Howard understands that Santa Ana theft charges can be complicated and can also lead to multiple felonies being filed against a single person.

It is often rare for police and prosecutors to charge a person with a single theft-related act because they are often suspicious of a person with theft-related charges and sometimes will attempt to file multiple charges, including possession of stolen goods, possession of burglary tools and other similar charges. Vincent Howard has seen the state file multiple charges against a theft suspect with little proof, but possibly only for the benefit of getting an advantage in plea negotiations.

In this case, authorities allege that the suspect not only stole a car, but also was driving it while intoxicated, leading to many criminal charges. The newspaper reports that a combined effort by the California Highway Patrol, Riverside police and Riverside County sheriff's deputies led to the arrest.

The newspaper says that the 23-year-old man was arrested on the 91 freeway near highway 241 in Orange County by highway patrol officers. Deputies attempted to pull the man over, but he allegedly drove off at speeds up to 60 mph in heavy traffic. Riverside police then took over the pursuit.

A police helicopter continued following the suspect, who headed west on the 91 freeway at Van Buren. CHP officers picked up the chase until the man stopped on the side of the road and he was arrested without incident.

The suspect now faces charges of vehicle theft, possession of stolen property, a felony charge of evading police as well as DUI. The car was reported stolen from Norco earlier in January, authorities said.

The news article doesn't state why police believe the man was driving under the influence of drugs or alcohol. It doesn't state if he was offered a breath test to take or if officers conducted a field sobriety test.

And while the man was reportedly driving a stolen vehicle, it's unclear how authorities will prove he is the one who stole it. It's certainly plausible that he bought the car from someone and didn't know it was stolen.

A point to make here is that it is never a good idea to get into a police chase. First of all, there is an inherent dangerousness to the situation. Driving at high speeds in high-traffic areas can cause injury or death to either the suspects or the police pursuing them.

If a person is injured or killed during a chase, it's likely going to lead to charges against the suspect. So, a person causing the chase could face murder vehicle homicide charges. Second of all, even if no one is injured, it's likely that the person will get caught. There are hundreds of officers on the roads and helicopters that can easily spot and follow suspects.

The odds of getting away are slim and once arrested, there will be charges filed including evading police and scores of traffic violations from speeding to swerving, improper lane changes, running red lights and many more. While most people who get into chases may have an outstanding warrant or believe they will be arrested for a crime, it is better to face those charges than be put in a position of adding more charges.

The best scenario is to get arrested, say nothing to police and then contact Orange County Criminal Defense Lawyer Vincent Howard to protect your rights and ensure you get a fair trial.

Continue reading "Man Charged With DUI, Theft in Orange County After Chase" »

The great thing about the Fourth Amendment, Santa Ana Defense Attorney Vincent Howard believes, is that police can't just pull you over or knock on your door without a reason.

This protects the average citizen from Santa Ana drug charges or an arrest for murder or even DUI in Santa Ana if police don't have any good reason to investigate.

In State of South Dakota v. Shanna C. Starkey, the South Dakota Supreme Court ruled that when police pulled her over for allegedly evading police, they didn't have probable cause. So, even though she was charged with DUI, the charges were dropped when evidence they collected was suppressed.

In any criminal case, police must have what's called probable cause in order to even begin an investigation. This is a reasonable suspicion to believe someone is committing a crime. For drivers, it means an officer must have a good excuse to pull a vehicle over in the first place. From Santa Ana Defense Attorney Vincent Howard's experience, in DUI cases this typically means if a person is speeding, swerving, runs a red light or stop sign or otherwise drives erratically, they get pulled over.

For other types of crimes, this could boil down to officers busting into a person's house or business in search of evidence of a crime. Typically, this requires a search warrant that is signed by a judge, but in some cases even the affidavit in support of a search warrant is flawed, giving police access to a place on bad terms.

In this case, according to court records, police pulled over Shanna Starkey last July because they believed she was trying to evade them. An officer was on patrol when he stopped at a red light. A vehicle behind him left a parking place and pulled behind him, stopping four to five car lengths behind his cruiser, though there were no cars and no traffic in between them.

When the light turned green, the officer drove straight, but the woman turned left. The officer decided to follow the vehicle, turning left at the next two intersections to try to find the woman. Stopped at a stoplight, he found the woman and followed. She drove into a church parking lot, through an alley and down several streets until she came back in front of the bar where she started.

The officer followed and pulled the woman over, saying, "Looks like you're doing a lot of work trying to avoid me," and he arrested her for driving under the influence.

This is where Santa Ana Criminal Defense Attorney Vincent Howard would file a motion to suppress evidence and that's exactly what the woman's defense lawyer did. The court ruled in favor of the woman, stating that there were no traffic violations that should have prompted the pursuit. Simply being suspicious doesn't justify a police officer's stop.

In this case, however, the state's high court overturned the decision, writing that by attempting to evade police, the woman opened up herself to possible investigation and that the evasive driving created reasonable suspicion that "criminal activity was afoot."

Continue reading "Police Must Have Cause to Stop Car in Santa Ana DUI, State v. Starkey Shows" »

Driving under the influence is constantly in the news, in part because police want it to be that way. Statistics have shown that DUI nationwide is actually down dramatically in the last few decades. But law enforcement continues to wage a public relations battle against the crime, unlike violent crimes such as robbery, assault or sex crimes.

And yet DUI in Los Angeles is a crime that has more ways for a suspect to fight back and possibly beat the charges because it is a crime without exact sciences available to the state.

Los Angeles DUI Defense Lawyer Vincent Howard has defended many DUI defendants and these people come from all walks of life. They are teachers, police officers, students and even police officers. That's because it is a crime that doesn't discriminate.

DUI in Los Angeles is something that anyone, at any time, can face. It is not illegal to have a few drinks and then drive, but the situation can turn badly in a minute if an officer makes some observations that can lead to criminal charges.

Certainly no one advocates drinking and driving and drivers definitely must be responsible because a few too many can lead to a tragic situation. Such was the case recently, ABC 7 reports, when local comedian Angelo Bowers was killed after being struck by a vehicle at the corner of Yucca and Vine streets in Los Angeles.

According to police, a driver who was reportedly fleeing another accident nearby with a taxi cab, slammed into Bowers and friend Josh Meyers, who is also a comedian. Police said the 26-year-old was killed from the impact after having recently beaten a bout with cancer. Meyers is recovering from his injuries.

Police say the 21-year-old driver had previously crashed at the intersection of Hollywood Boulevard and Argyle Avenue five minutes earlier and had then collided with the car carrying Bowers and Meyers.

The driver's name wasn't released, but police say they intend to charge that person with murder once his condition improves. He, too, was being treated at a local hospital. Fans and friends have since come out with tributes to the comedians life and his work. And while Los Angeles DUI Defense Attorney Vincent Howard believes any loss of life is tragic, the facts must still be proven in order for there to be a conviction.

Few details have been released about the driver who is accused of causing the crash, why police believe he was drunk and what proof they have of that fact.

Cases like these are difficult because police must be able to show the driver was operating the vehicle at the time, that their blood-alcohol level was above the state's 0.08 blood-alcohol limit and that their actions caused the accident.

In this case, the accident itself will be the focal point of the case. Either through eyewitness testimony, video surveillance from traffic cameras or nearby businesses should be able to shed some light on what exactly happened.

In cases where one driver is found to have been drinking and driving, it's still possible that the other driver caused the crash. Remember, sober drivers cause crashes every day because of poor driving habits, distracted driving, speeding and other reasons.

That's why when such serious charges are being filed, authorities must make every effort to ensure with great proof that the charges are warranted. Even if an arrest is made and charges are filed, that's just the beginning of the story and Vincent Howard strives to ensure all the facts come out at trial.

Continue reading "Los Angeles Comedian Killed in Alleged DUI Hit-And-Run" »

Our Newport Beach drunk driving criminal defense attorneys were interested to read about a distinction that Huntington beach would probably prefer not to have. According to the Huntington Beach Independent, a statewide report says Surf City leads the state, among cities of its size, in number of drunk driving crashes per capita. The January Report compared Huntington Beach to other California cities of 100,000 to 250,000 people. In 2009, the city saw 195 deaths or injuries in alcohol-related crashes, said the state Office of Traffic Safety. It has been in the top 10 cities of its size in this area every year since 2005, the article said, but this is the first time it was number one.

The ranking was not entirely news among Huntington Beach's city leaders and law enforcement officials. The city has been taking aggressive steps to reduce intoxicated driving arrests in the past few years, some of which have created controversy. Recently, the city council voted 4-3 against adopting a plan by one councilman to put mug shots of drunk drivers on Facebook, which the councilman said was intended to shame them. The city has also used state and federal funding to step up conventional anti-DUI measures like checkpoints and extra patrols. The city has also been asking arrestees where they had their last drink and following up with frequently named establishments. A spokesperson for the state noted that arrests had gone up in Huntington Beach, and its ranking made it eligible for more enforcement funding.

As Chino intoxicated driving criminal defense lawyers, we hope Huntington Beach uses that funding in a way that respect drivers' civil rights. That is unfortunately not always guaranteed when it comes to drunk driving enforcement. The U.S. Supreme Court has upheld the use of DUI checkpoints, but admitted that they violate drivers' rights against unreasonable search and seizure. Closer to home, the proposal to put mug shots on Facebook was criticized - correctly, in our view - as misleading and unfair. Mug shots come from a DUI arrest; whether the driver is guilty is up to a court of law, not one police officer's judgment. And some questioned whether humiliating drivers, or their families, would have a measurable effect on public safety.

Continue reading "Huntington Beach Has Most DUIs of Any California City Its Size, State Report Says" »

Our San Bernardino County DUI criminal defense lawyers were very interested to read about a brewing fight between the city of Huntington Beach and one of its businesses. As the Huntington Beach Independent reported Feb. 2, the state Department of Alcoholic Beverage Control is investigating a bar called Baja Sharkeez after data from the city showed the bar was the most likely to have served a DUI arrestee's last drink. Over a 22-month period, 72 drivers named Sharkeez; 52 named Hurricaines Bar & Grill and 33 named Killarney Pub & Grill. The city is tracking this data as a way to combat its unusually high number of DUIs, which many blame on the proliferation of bars downtown.

Huntington Beach police chief Kenneth Small wrote to the state about the bar's high number of patrons with DUIs. In that letter, Small said he believed the high numbers reflect a carelessness by the Sharkeez management toward public safety. That claim was vehemently denied by Ron Newman, who co-owns the Sharkeez in Huntington Beach and four others. He said the restaurant has a policy of cutting off people who are obviously intoxicated - and has never been penalized for failing to do so - but cannot control what they do on the road. He also suggested that drivers might have been to other establishments after his, since downtown Huntington Beach is walkable. And he questioned the finding that the Newport Beach location had no DUI arrestees at all. He complained that Huntington Beach officers wait outside the restaurant for patrons to climb into cars.

As Seal Beach drunk driving criminal defense attorneys, we have some sympathy for Newman's arguments. Newman's employees can cut off people who are clearly drunk, but not everyone is a sloppy drinker - and he's right that he can't control what they do after they leave. In fact, drinking establishments have a strong self-interest in cutting off patrons who've clearly had too much, because they can be legally liable for any accident those people might have later. Sharkeez and other bars can also get in trouble with the state if they over-serve, which is what Smalls appears to be trying to do. We also think authorities should be careful about relying on Huntington Beach's data, because that data was self-reported by arrestees. Self-reported data is notoriously unreliable, and drunk people who are under arrest may be especially likely to lie.

Continue reading "Owner Claims Huntington Beach Is Harassing His Bar Because of Patrons' DUI Charges" »

It's very unusual for courts to reject a plea agreement between prosecutors and defendants. So our Garden Grove drunk driving criminal defense attorneys were interested to see an item about a rejected plea deal in the Inland Empire. According to the Contra Costa Times, a San Bernardino County judge on Jan. 24 declined to accept the deal made with accused driver Ashley Conner Young. Young is accused of gross vehicular manslaughter while driving under the influence in the death of Leyna Marie Basua, 26, of Pomona. The same crash seriously injured Basua's boyfriend, John Martin. Martin was among those protesting the plea agreement that would have given Young, 23, a year in county jail. He said the penalty was not sufficient, and that he was willing to take the chance that Young might be acquitted at trial.

The crash took place in October of 2009, when Young rear-ended Basua's vehicle on Interstate 15. The impact pushed Basua's car across five lanes of traffic, through a chain-link fence and into a tree. She suffered internal injuries and multiple broken bones but survived for nine months after the crash, until she later suffered a fatal internal infection. Martin's left arm was broken and his spine was injured. No blood-alcohol content information was reported for Young. However, she apparently was driving on a suspended license at the time from a previous DUI arrest that ultimately did not reach a conviction. At the scene, Young admitted to drinking but claimed a friend had been driving, which was ultimately proven false.

Prosecutors declined to comment on the reason for the one-year jail sentence, which is a departure from the minimum four-year sentence for DUI manslaughter. However, Basua's mother said she was told prosecutors didn't have enough evidence to prove the claim. Young's attorney said the decision to revoke the plea deal was likely caused by media coverage of protests by Basua's family and friends, rather than any change in the evidence. He said the deal should have been honored.

As Corona intoxicated driving criminal defense lawyers, we generally agree. Prosecutors don't offer lenient sentences because they are fond of criminals; they do it when they don't believe they could get a longer sentence in court. Often, as in this case, that means they're not confident in the evidence against the defendant. In this case, Young pleaded guilty with the understanding that she would serve a year in jail. Revoking the agreement means she is entitled to a trial after all, which means more uncertainty and more work for everyone involved. In fact, there's a possibility that Young may not be convicted, especially if prosecutors are right that the evidence is weak. The feelings of Basua's loved ones are understandable, but they cannot compensate for any genuine weaknesses in the case.

Continue reading "Judge Refuses Plea Bargain in San Bernardino DUI Manslaughter Case, Prompting Trial" »

A drunk driving charge against a Major League Baseball player caught our attention as Anaheim drunk driving defense lawyers. According to the Orange County Register, former Angels player Adam Kennedy was pulled over on the 73 toll road near MacArthur Boulevard in Newport Beach on the night of Jan. 26. Kennedy is currently with the Seattle Mariners organization and has played for several teams since being part of the Angels lineup that won the 2002 World Series. He is originally from Riverside and attended California State University Northridge on a baseball scholarship.

Celebrity gossip site TMZ.com broke the news of Kennedy's arrest. He was pulled over by the California Highway Patrol at about 9 p.m. on Jan. 26. About 10 minutes later, he was arrested on suspicion of driving under the influence and booked into jail, where he stayed until early the next morning. Officers did not release information on whether there was a blood-alcohol content test and if so, what the results were. However, a CHP spokesman told the Seattle Times that Kennedy had been determined to be under the influence. The news broke in the middle of a Seattle Mariners spring training press conference, prompting the team's general manager to say he hadn't heard of the arrest and could not comment.

As Fontana DUI criminal defense attorneys, we hope Kennedy gets legal representation as soon as possible. A DUI charge is serious for anyone, but for a famous sports figure, it can also have career repercussions. Players are often penalized for intoxicated driving or other criminal misadventures by losing playing time or money. In Kennedy's case, he was invited to try out as a utility player for the Mariners, so his place on the team is not assured. This arrest might or might not mean penalties at work. Because he's out on bail, it could also mean travel restrictions. And of course, being part of a World Series-winning team means Kennedy is famous enough to be fodder for embarrassing news reports. An experienced attorney should be able to help him limit or navigate around these problems to continue his life as much as possible.

Continue reading "Former Angels Second Baseman Arrested in Orange County on Suspicion of DUI" »

Our San Juan Capistrano DUI criminal defense lawyers were sad to see that another driver has been sentenced to prison for a drunk driving death. As the Orange County Register reported Jan. 21, Christopher James Koppi of Anaheim was sentenced to 13 years in prison for causing the death of 59-year-old Richard James Pettigrew. Koppi, 29, is not accused of driving his car into Pettigrew's, but prosecutors say he was so drunk that he allowed his truck to run out of gas on the 57 freeway in Anaheim. The stalled pickup sitting in the road caused a chain-reaction crash, with Pettigrew's 1981 Datsun in the middle. Koppi was sentenced to 13 years in prison for gross vehicular manslaughter while driving under the influence, less than the minimum of 17 years the prosecution asked for.

The crash happened at about 4:30 a.m. on Aug. 26, 2006, as Pettigrew was coming home from his job as a security guard. Koppi had been drinking heavily, which may be why he didn't realize his pickup truck was about to run out of gas. Pettigrew was unable to stop in time to avoid the stalled pickup and slammed into it at highway speeds. Another, unnamed, driver then hit Pettigrew's car. Pettigrew died at the scene; no injuries were reported for Koppi or the other driver. Two hours after the accident, police measured Koppi's blood-alcohol content at 0.20, more than twice the legal limit of 0.08. He also had a prior drunk driving conviction as well as a conviction for aggravated assault. His defense attorneys and fiance said he was remorseful and was in alcohol rehabilitation, and asked for lenience.

As Riverside drunk driving criminal defense attorneys, we hope they're right. The 13-year sentence may be less than the prosecution wanted, but it's still a lot of time to think about the accident and its causes. Many drivers may wonder whether this accident truly counts as a DUI accident, since Koppi did not directly crash into Pettigrew. In fact, California law gives prosecutors broad leeway to charge drivers whose actions under the influence caused a crash, even indirectly. Koppi was convicted of gross vehicular manslaughter while intoxicated, which means he was accused of doing something grossly negligent that caused the fatal crash, while he was also intoxicated. Running out of gas on the freeway was enough to meet the test for gross negligence, even if that's a mistake that sober people also make.

Continue reading "Driver Who Ran Out of Gas on Freeway Gets 13 Years in Prison for DUI Manslaughter" »

Our Irvine intoxicated driving criminal defense attorneys wrote last fall about a proposal by the city of Huntington Beach to post pictures of DUI offenders online. The proposal attracted a lot of attention, but also attracted criticism for the implication that the city wanted to shame the drivers publicly. As the Orange County Register reported Jan. 19, Huntington Beach's city council has bowed to that criticism and asked the city's police department not to follow through on the plan. The originator of the idea, Councilman Devin Dwyer, said he thought it was a good plan. But other council members objected that it could be bad for tourism in "Surf City," and that public humiliation would affect relatives more than habitual drunk drivers themselves.

Huntington Beach has seen a rise in DUIs and drunk driving accidents in the past few years, leading the police department and city government to look for solutions. After the Huntington Beach Independent decided last fall to stop publishing names of arrestees, Dwyer proposed to post all DUI arrestees' names and pictures, but dialed it back to "habitual" drunk drivers after talking to the police chief and community. That ended up causing problems too; the chief said "habitual" was not well defined. Dwyer explicitly said he was trying to shame drivers, attracting both criticism and support from the community. In voting against the proposal, however, Councilwoman Connie Boardman said she thought repeat DUI offenders are often addicts or alcoholics, so their loved ones were more likely to feel the shame than they were.

We're glad that the city decided against this plan. As we've written before, the Independent decided to stop publishing names and photos of people who were arrested because it could be misleading -- it could lead readers to believe that those people had already been found guilty. As Long Beach drunk driving criminal defense lawyers,we can assure you that being arrested for driving under the influence does not necessarily mean you're guilty. Police officers exercise bad judgment sometimes, and our legal system gives everyone a chance to defend themselves. We also believe the police chief was right to ask whether posting pictures would improve public safety. Regardless of whether the community approves of shaming the drivers, it's not at all clear that public humiliation would work, especially with addicts.

Continue reading "Huntington Beach Decides Against Posting Mug Shots From DUI Arrests on Facebook" »

Our San Bernardino DUI criminal defense lawyers were interested to see an article on the DUI arrest of a man from Joshua Tree. The High Desert Start reported Jan. 20 that Garrett Kainoa, 33, was arrested the night before for suspected driving under the influence of drugs. Kainoa was in a single-vehicle rollover accident on Twentynine Palms Highway after one of his tires deflated on the road. Fortunately, no one was hurt. However, the California Highway Patrol suspected him of driving under the influence of drugs, so they arrested him and booked him into the Morongo Basin Jail.

It's not clear whether the CHP officer had test results showing that Kainoa was using drugs. No drug test or field sobriety test results were reported. Kainoa is on parole from a previous drug possession offense from last October. According to the article, Kainoa was going east on the highway at 60 to 65 mph when his left rear tire began to deflate. Kainoa turned right in a way that the CHP officer said was not safe; the officer attributed that decision to intoxication. The turn caused the SUV Kainoa was driving to spin on the highway toward the shoulder of the road, hit the dirt and overturn. The CHP reminded the newspaper's readers that intoxicated driving is illegal.

As Pomona drunk driving criminal defense attorneys, we wonder whether the officer's reasons for arresting Kainoa would hold up in court. The officer attributed Kainoa's mistaken choice to turn right to intoxication, but intoxication is far from the only reason people make bad decisions behind the wheel. Some drivers would panic if they found themselves dealing with a deflating tire at highway speeds -- and it's easy to make a mistake when panicked. Kainoa might also have genuinely lost control or thought a turn in the opposite direction would help. And if the officer knew he had a past drug possession conviction, that officer might have made an assumption. In the absence of a chemical test showing he was actually intoxicated at that time, Kainoa may be able to fight this charge.

Continue reading "Desert Man Arrested for Driving Under the Influence After Spinout on Highway" »

Our Lake Forest drunk driving criminal defense lawyers were interested to see a news story about an unusual defense in a DUI case. San Diego's ABC 10 reported Jan. 11 on the opening statements in the trial of Anthony Guarino, 57, for causing a crash that killed one person and injured five more. Guarino is charged with DUI manslaughter and DUI causing injury in the Aug. 20 crash that killed Marc William Durham, 65, of Rancho Bernardo. His blood-alcohol content was measured at 0.15 about two hours after the crash, the article said, and Guarino admitted that he'd been drinking. But his DUI defense attorney said he suffered from severe sleep apnea causing occasional "micro-sleeps," in which the sufferer loses consciousness. That kind of episode caused the crash, the attorney said.

Guarino admitted to drinking at a bar in National City before the crash, both to police and to emergency room doctors. A witness testified that she was waiting to make a left turn when she saw Guarino's car coming down a hill and failing to slow down in time to avoid colliding with Durham's car. Police says Guarino was going 50-60 mph when his car hit the left rear side of Durham's. That set off a chain reaction involving four other cars and injuring a total of five people, including an eight-year-old boy. Guarino's DUI defense lawyer said he intended to turn left that day, but had a micro-sleep episode that caused his car to drift into another lane without applying his brakes. They argued that Guarino should face an ordinary DUI charge, not the manslaughter and injury charges, which could carry as much as 13 years in prison.

The prosecution in this case will likely argue that Guarino's sleep apnea defense is nonsense and direct jurors to consider his BAC instead. But as Murrieta intoxicated driving criminal defense attorneys, we know sleep apnea truly can cause the sort of episodes described. Sleep apnea is a condition in which breathing is interrupted or abnormally low while sufferers sleep, causing insufficient rest. Daytime sleepiness is one of the major symptoms -- so it's not surprising that sufferers might drift off, especially in the evening. In fact, sleepy driving is a distracted driving concern even for people without a sleep disorder. If Guarino can prove his sleep apnea cased this crash, it won't mean he faces no penalties; his BAC measurement still put him over the limit. But it would reduce the penalties he faces considerably by reducing the charges to a less serious DUI charge.

Continue reading "San Diego Man Charged With DUI Manslaughter Uses Sleep Apnea as a Defense" »

As Highland drunk driving criminal defense attorneys, we were sorry to see an article about serious criminal charges in an alleged DUI fatality and injury case. The Los Angeles Times LA Now blog reported Jan. 13 that Edward Stanley Butler, 70, has been charged with vehicular manslaughter while intoxicated without gross negligence. Butler is accused of driving drunk when he hit a car turning out of a parking lot in Orange. The resulting crash killed Tamiko Kaminaga, 60. Her 17-year-old son, Jorge Maresch, suffered a broken nose and cuts to his face. Butler was reportedly also injured. He is scheduled to be arranged Friday on the vehicular manslaughter charge and could face up to four years in prison if convicted.

According to an earlier article from the Orange County Register, the crash took place as Kaminaga was making a legal left turn out of a parking lot on South Tustin Street in Orange. Butler was driving south on the street in a pickup truck and failed to stop or slow down for Kaminaga's sedan. Police responding to the accident found an empty bottle of vodka in Butler's vehicle. Butler was sitting in the street next to his truck, and had slurred speech and red eyes, classic signs of intoxication. A blood-alcohol test showed that Butler's blood-alcohol level was 0.22, which is nearly three times the legal limit of 0.08 in California. Prosecutors told the media they plan to request that he be held in lieu of $100,000 bail.

Our Downey intoxicated driving criminal defense lawyers hope Butler has retained an experienced defense attorney, because this is a serious charge. A charge of DUI manslaughter without gross negligence can be a misdemeanor or a felony, and prosecutors in this case have chosen to charge it as a felony. However, police and prosecutors sometimes make mistakes, and even charges like these can be defended. For example, people making unprotected left turns almost always have to yield to oncoming traffic. If Butler and his defense lawyer can show that Kaminaga didn't check oncoming traffic carefully enough, they may be able to show that her own negligence caused or contributed to the crash. They may also be able to turn up problems with the BAC test that is responsible for the "driving while intoxicated" part of the charge.

Continue reading "San Bernardino Man Charged With Vehicular Manslaughter and DUI With Injury" »

Our Westminster drunk driving criminal defense lawyers were disappointed to read about the death of a woman in Orange County Jail last week. The Orange County Register reported that Cynthia Kaye Drury, 46, was arrested on suspicion of heroin possession just before New Year's Day. Drury, of Norwalk, had not yet been charged with anything and was staying in the jail's Intake and Release Center, where inmates are kept on their way into and out of prison or court dates. She was found unresponsive in her cell on Dec. 31, from ailments the article did not specify. The district attorney's office is investigating the death, as is standard, and an autopsy will be performed, but no information will be released until the investigation is complete.

Drury ended up in jail after a witness called police to report a possible drunk driver. The caller said he or she was following a Ford Mustang through west Anaheim. Police found the Mustang in a parking lot with Drury behind the wheel; a passenger had already gotten out of the car. It's not clear whether officers administered field sobriety tests or a breath or blood test; no charges of DUI were reported in the article. However, officers reportedly searched the car and came up with a baggie of heroin in Drury's bag, leading to the drug possession charges. They also charged her with driving with a suspended license. At 7:30 p.m. the next day, sheriff's deputies found her unresponsive. Deputies called the jail's medical staff and paramedics, but they were unable to revive her.

As Long Beach DUI criminal defense attorneys, we hope the investigation by the prosecutor's office doesn't turn up any foul play by the police, or an intentional refusal to provide medical help. Accidents happen in jail and prison, but California prisons have also been criticized for failing to provide needed medical care to inmates. Whatever you may think of prisoners -- and working in criminal defense underscores the sad fact that not every prisoner is guilty -- letting prisoners suffer and die is a violation of their human rights. When people are in police custody, they literally depend on the officers for the most basic care. After all, prisoners cannot leave for medical care or call someone to come to them. Drunk driving and drug possession are crimes, but dying in custody is an unreasonably high price to pay.

Continue reading "Woman Arrested for Drug Possession After DUI Call Dies in Orange County Jail" »

As Rowland Heights drunk driving criminal defense attorneys, we have long had suspicions about how effective DUI checkpoints really are. However, they are still a popular enforcement tool for police departments, especially around the holidays. That's why we were interested to see a Jan. 3 article in the Fontana Herald News about a DUI roadblock in that city conducted for 7.5 hours over New Year's Eve. During that time, the police stopped and arrested two drunk drivers out of the 871 vehicles that passed through the checkpoint. Fontana police had previously arrested two other drivers using "saturation patrols" on Dec. 31.

The checkpoint was set up at Sierra and Walnut Avenues in Fontana, from 6 p.m. to 1:30 a.m. the next morning. During that time, 871 vehicles passed through the checkpoint and 67 were stopped. Of those, two stops arrested in intoxicated driving arrests. However, 32 drivers were cited for other traffic violations, which the article did not specify. An additional 30 vehicles were impounded by the police for violations including but not limited to driving without a license. The DUI roadblock and saturation patrols were part of a coordinated anti-drunk-driving campaign throughout San Bernardino County. Using a grant from the state, 25 police agencies throughout the county added extra officers to their patrols, with the specific goal of increasing DUI arrests. From Dec. 17 to Jan. 2, the officers involved in the program made 472 DUI arrests.

Our Garden Grove DUI criminal defense lawyers can't help but notice that just two of those 472 arrests came from the DUI checkpoint in Fontana. That means the checkpoint slowed down 869 drivers who were not under the influence of alcohol or drugs, including 65 who were stopped. Leaving aside the inconvenience to individuals, that's a lot of money and effort for two arrests. However, the roadblock still probably made good money for the police department because it also allowed it to collect impound fees on 30 cars and fines from 32 citations. A study published last year suggests this is the real reason police agencies like roadblocks -- because they are cash cows under the socially acceptable guise of fighting drunk driving.

Continue reading "Inland Empire DUI Checkpoint Nets Two Drivers But 30 Money-Making Impounds" »

A young man from Anaheim faces two counts of vehicular manslaughter, the Orange County Register reported Dec. 21. The case against Rafael Lopez, 18, caught the attention of our Corona drunk driving criminal defense attorneys because Lopez is accused of very serious crimes. Prosecutors say Lopez had a blood-alcohol level of 0.13 when he ran a red light in Buena Park and hit the car of Steven Uselton, 44, and Douglas Uselton, 17, as they were headed to a school debate tournament. A memorial to the Useltons drew hundreds of people Monday night at Oxford Academy in Cypress, where Douglas Uselton was a senior and a member of the baseball and basketball teams. Lopez was scheduled to be arraigned Dec. 21 in Santa Ana, and faces up to 13 years in prison.

Police say Lopez was drunk and speeding at 5:30 in the morning when he ran a red light at the intersection of Crescent and Knott Avenues in Buena Park. Prosecutors say his car hit the Useltons' car so hard that it was pushed 130 feet down the road. Both father and son were pronounced dead at the scene, while Lopez suffered minor injuries. He was treated and released at the hospital, then arrested for on suspicion of vehicular manslaughter driving under the influence. Because he is under 21, he is also in violation of California's zero tolerance DUI law, which makes it illegal to drive with a BAC of even 0.01. Teachers at Oxford Academy brought in grief counselors to the debate tournament after they learned what happened, and the school held a memorial Monday night for the Useltons.

As Fullerton intoxicated driving criminal defense lawyers, we'd like to point out that Lopez could also face no fewer than three separate charges related to the fact that he's under the age of 21. As we noted, drivers under 21 are subject to a "zero tolerance" law, which makes it a civil offense to drive with any amount of alcohol in your bloodstream at all. However, this is not a criminal offense; the penalty is losing your driver's license or delaying eligibility if you don't yet have one. Underage drivers with BACs at 0.05 or higher are also penalized by an under-21 DUI criminal law, an infraction carrying fines and probation. And just like drivers over 21, they can be charged with a regular DUI if they have a BAC of over 0.08. In this case, it's not clear whether prosecutors charged Lopez with any of these, since the DUI manslaughter charges are much more serious.

Continue reading "Teenaged Driver Charged With Manslaughter for DUI Crash That Killed Father and Son" »