California Criminal Lawyers Blog

A Santa Barbara doctor has been charged by federal authorities in connection with several drug-related overdoses in recent years, the Los Angeles Times reports.

Painkillers have become the new drug charge in Los Angeles. While medical marijuana in California is always going to be a hot topic and cocaine, heroin, methamphetamines and other drugs are still problematic in society, pain pills have become a larger issue of late.

Experienced Los Angeles Criminal Defense Attorney Vincent Howard has seen the trends change over the years and has followed how pain medication, which can be obtainable by many different people, has become a target for abuse.

But not every person who is charged in these new drug cases is guilty. These are more complex than a person setting up a meeting and selling drugs to another person on a street corner. The dynamic has changed and so have the players. Yet, particularly since the death of Michael Jackson, the emphasis of law enforcement has led to unfair or unfounded allegations.

In these new cases, many of which are being handled by federal agents because they involved interstate commerce, there are scores of people involved and in order to show that there was some type of organized crime going on, authorities must prove all the people they charge knew of the scheme. The penalties levied by federal prosecutors can be more stringent than in state-level courts, yet Los Angeles Criminal Defense Attorney Vincent Howard is qualified to practice law in both venues.

In this case, authorities are charging a 63-year-old doctor with trafficking pain pills that resulted in the deaths of a dozen people. Federal agents allege that this doctor prescribed addictive and powerful painkillers and other drugs to patients who had no real need for the medications.

While the doctor isn't being charged with the deaths, authorities laid out instances in a 75-page affidavit of cases where people died after getting drugs from the doctor. In one case, doctors at a local hospital began keeping a spreadsheet of patients who said they got their medications from the doctor.

Twelve people -- ranging in age from 26 to 58 -- died after overdosing from drugs they got from this doctor, the newspaper reports. One of them died of natural causes, though drug abuse was listed as a contributing factor. Others who didn't die, but who were admitted to the hospital, told officials they would do sexual favors in exchange for drugs.

While there has been outrage from family members of the deceased, even other medical professionals have spoken out against the doctor, going to the state's medical board after treating patients who had gotten medication from this doctor.

The doctor said in previous interviews with the newspaper that he has dealt with angry family members for years, but said he has tried to assist patients whom he felt were in need of help. He said he feared that patients would go to the street to get drugs if he didn't provide them prescriptions.

This is certainly a sad situation all the way around and one that Vincent Howard believes will take a long time to sort out. This is a complicated matter and one that will require searching through medical records and examining all the facts. In this case, the case may come down to whether a jury believes the doctor or the family members of the patients who died. If the drugs were necessary, than it may be a tough case to prove. There are high stakes either way and a strong defense will be necessary.

Continue reading "Doctor Accused in Los Angeles Pain Killer Overdose Case" »

As San Clemente drug crimes defense lawyers, we were sad to read about a drug crime that could permanently take away a couple's custody of their three-year-old daughter. The Coast News reported Feb. 2 on the arrests of Arturo Camarena and Mary Sanchez, a married couple, for possession of a controlled substance and cruelty to a child. Camarena was out on bail at the time, which triggered an 8 a.m. probation check from the San Diego County Sheriff's Department. They determined that the mother and father were using heroin and methamphetamine in the child's presence.

The article didn't report what offense had originally put Camarena in jail, but the probation check happened early on the morning of Jan. 25. At that time, officers found a methamphetamine pipe on a bed next to the couple's daughter, who was not named. It wasn't clear how they determined that the couple was using drugs right in front of the child, but sheriff's deputies handed the child over to the county child welfare department. The head of that department said it typically tries to reunite families when possible. But with a child as young as this one, she said, a permanent adoption may be appropriate if the parents are imprisoned for several years. It wasn't clear how much jail or prison Camarena and Sanchez faced, but willful cruelty to a child and drug possession can both be misdemeanors or felonies, depending on circumstances.

Our Yorba Linda drug crimes criminal defense attorneys hope there's more to this story than the article reported, because this family's future is at stake. Willful cruelty to a child is defined as willfully causing a child to suffer physically or mentally, or putting the child in a situation that endangers the child's life or health. We're not sure the reported facts pass that high threshold. Doing drugs in front of a child and leaving paraphernalia around for the child to see is not setting a good example and indicates that other areas of parenting may not be good. But by itself, it does not endanger the child's life or health - and that's the standard prosecutors must meet. Meeting that standard is very, very important when the child's ability to know her parents is at stake.

Continue reading "Vista Couple Loses Custody of Daughter After Police Find Her Near Drug Paraphernalia" »

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 Newport Beach narcotics criminal defense attorneys were very pleased to see a positive move by the state for nonviolent drug offenders. As the East Bay Express reported Jan. 12, new Gov. Jerry Brown's proposed budget would keep criminal defendants out of prison if their offenses were first offenses, nonviolent, not serious and not sex crimes. That's a category that includes numerous low-level drugs and narcotics crimes, as well as offenses like shoplifting and writing bad checks. The governor's office estimates saving the state $500 million a year in prison costs this way. The Drug Policy Alliance estimates that 10,000 people are in California prisons for drug possession.

The prison proposal is part of the proposal to "realign" state services by passing responsibility for them on to counties. Drug defendants and other nonviolent offenders would not necessarily go free, but would likely serve time in county jail or probation, including Drug Court. The Drug Policy Alliance backs the prison part of the budget, the article said, because it would reduce the number of people who go to prison for relatively minor offenses. The people imprisoned for drug offenses include 17,000 who were accused of selling or growing marijuana. They also include parolees, who can be arrested and sent to prison for drug crimes as minor as smoking marijuana. Even though possession of small amounts of marijuana is now an infraction, any parole violation can send the person to prison for the underlying offense.

This is great news for Chino drug crimes criminal defense lawyers like us, and of course for our clients as well. As the article notes, California incarcerates thousands of people a year for nonviolent drug crimes. In addition to wasting money, as the budget implicitly points out, this is a huge waste of the lives of all of those people. Putting drug defendants in prison was politically popular in the 1980s, because it allowed politicians to appear "tough on crime" when they were seeking higher office. In practice, however, it has been toughest on the prisoners and their loved ones, without making an appreciable dent in drug use. Offenders not imprisoned under this policy will still have to complete probation, Drug Court or jail time -- but typically at a much lower financial and human cost.

Continue reading "Proposed State Budget Would Keep Drug and Other Nonviolent Offenders Out of Prison" »

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" »

Our Costa Mesa drug crimes criminal defense attorneys were disturbed and disappointed to see a court ruling that gives police departments free rein to search cell phones and other portable electronic devices carried by people they arrest. As MSNBC reported Jan. 4, the California Supreme Court has ruled that evidence from a cell phone search may be used in a drug case, even though there was no warrant for searching the phone. The court said the phone was part of personal effects like clothes, not part of the defendant's "papers," that would require a warrant or another exception. The majority said inspecting the phone was like inspecting a carton of cigarettes that the defendant had on his person. A dissenting justice, Kathryn Mickle Werdegar, said cell phone searches were intrusive and not justified.

The case was brought by Gregory Diaz, who was arrested in 2007 after buying drugs from a police informant. After his arrest, the police looked through his phone and found text messages that seemed to implicate him in another drug deal. There was no warrant to look through the phone. Diaz appealed his conviction on drug charges, saying the search of his phone was unreasonable under the Fourth Amendment. The justices disagreed, saying a warrantless search was legal because the phone was on his person. In effect, legal experts said, this means California police can search the cell phones, handheld computers and even laptops belonging to people they arrest, without asking a judge for permission or explaining what they're looking for.

The article quotes several critics of the ruling who believe it gives police officers too much power. As Torrance drug sales criminal defense lawyers, we strongly agree. Under established law, police officers need a warrant to search briefcases for anything other than a weapon. A computer or "smartphone" is nothing more than the digital equivalent of that briefcase, containing correspondence, contacts and other personal data. For this reason, we suspect the Supreme Court misunderstands the nature of cell phones or how much information they can store. As one observer pointed out, officers may still search phones and computers -- they just have to get a warrant. That's an important legal safeguard because it requires a judge's approval, which in turn requires police officers to have a good reason to want to look at the data -- not just go on fishing expeditions.

Continue reading "California Supreme Court Authorizes Warrantless Search of Cell Phone in Drug Case" »

An item about serious drug charges against two Los Angeles men caught the eyes of our Redlands drug possession attorneys. The San Gabriel Valley Tribune reported Dec. 11 on the arrests of Rafael Flores, 29, and Ramon Munoz, 33, on multiple counts related to suspected drug sales. Flores and Munoz originally came to the police's attention when an officer saw Flores following too closely in his SUV on Interstate 10. He fled, triggering a police chase ending in the discovery of 13 pounds of methamphetamine and one kilogram of cocaine. Flores and Munoz are both charged with possession of drugs with intent to sell, transporting drugs and resisting arrest. Flores is also charged with evading the police. They were scheduled to be arraigned Tuesday in West Covina.

The newspaper said Flores was westbound on the freeway near Puente Avenue when a West Covina officer spotted his SUV tailgating other vehicles. The officer tried to pull them over, but they refused and led police on a chase. Flores is accused of driving recklessly, causing a property-damage-only crash with two other cars and running red lights during the chase. Flores and Munoz reportedly fled on foot after their SUV stopped, causing officers to chase them down and, in the case of Munoz, use a Taser. When they searched the SUV, officers found a pound of meth under the passenger seat, with 12 more pounds in individually wrapped packages in the rear. Also in the back of the SUV was a kilogram of cocaine. The street value of the drugs was estimated at more than $200,000.

On drug possession charges, our Aliso Viejo drug possession lawyers prefer to argue for a drug diversion program that keeps a conviction off the client's record. But in a possession for sale case, that's not possible because possession for sale is considered a felony. In this case, prosecutors may also be able to argue that fleeing an officer and resisting arrest are violent crimes making the defendants ineligible for Drug Court. However, a charge of possession for sale is still very defensible. Often, police assume defendants possessed the drugs for sale just because they had a large amount of the drug. That's certainly not always the case, and when it's not, we can use other evidence to show that the police are trying to convict our clients based on an unfounded assumption. We can also argue that our clients didn't "possess" the drugs within the meaning of the law -- for example, when they had no idea the drugs were stashed inside a shared home or vehicle.

Continue reading "West Covina Police Seize Methamphetamine and Cocaine From Los Angeles Men" »

Our Westminster drug possession criminal defense lawyers were interested to see a high-profile drug arrest that seems to have ended well for the defendant. Alexis Neiers, the Los Angeles teenager who became infamous for her part in a ring of celebrity break-ins and then as the star of a reality show, was sentenced to rehabilitation Dec. 9 after she was caught in possession of black tar heroin. Neiers was already on probation for first-degree burglary of Orlando Bloom's home. The heroin was found after probation officers searched her home, which they did because she hadn't reported in with probation officers for two months. She will spend a year at a live-in drug treatment program.

Neiers, now 19, originally became famous as part of a "bling ring" of teenagers who broke into famous people's homes and stole high-cost items. She pleaded no contest to residential burglary and was given six months in jail, of which she served 29 days, and three years of probation. Probation officers searched her family's Thousand Oaks home after Neiers didn't check in with offers as required for two months and didn't make court-ordered restitution payments for three months. In addition to the heroin, officers found a fake Florida driver's license and burnt foil, consistent with heroin use. Her criminal defense attorney successfully argued for drug treatment rather than prison, but the judge said he'd send her to prison if she committed another heroin offense. Ventura County authorities have the option of prosecuting Neiers separately for drug possession.

Naturally, this case is getting widespread coverage because Neiers is a pop culture figure. But as Corona drug possession criminal defense attorneys, we would work for an outcome like this for any defendant accused of simple drug possession. Drug possession is a victimless crime, so it doesn't really protect the public to throw people in prison on that basis alone. On top of this, some drugs -- especially including heroin -- are very physically addictive, meaning their users actually can't do much to get off them. In this kind of situation, rehab is better for everyone involved than prison. If Neiers is an addict, she won't enjoy rehab, but addressing her addiction will likely also address her behavior problems. By contrast, adult prison would likely be a "criminal finishing school" where she may still have access to heroin.

Continue reading "Teen Who Became Famous for Stealing from Celebrities Sent to Rehab for Heroin" »

Our Westminster drug possession criminal defense lawyers were interested to see a high-profile drug arrest that seems to have ended well for the defendant. Alexis Neiers, the Los Angeles teenager who became infamous for her part in a ring of celebrity break-ins and then as the star of a reality show, was sentenced to rehabilitation Dec. 9 after she was caught in possession of black tar heroin. Neiers was already on probation for first-degree burglary of Orlando Bloom's home. The heroin was found after probation officers searched her home, which they did because she hadn't reported in with probation officers for two months. She will spend a year at a live-in drug treatment program.

Neiers, now 19, originally became famous as part of a "bling ring" of teenagers who broke into famous people's homes and stole high-cost items. She pleaded no contest to residential burglary and was given six months in jail, of which she served 29 days, and three years of probation. Probation officers searched her family's Thousand Oaks home after Neiers didn't check in with offers as required for two months and didn't make court-ordered restitution payments for three months. In addition to the heroin, officers found a fake Florida driver's license and burnt foil, consistent with heroin use. Her criminal defense attorney successfully argued for drug treatment rather than prison, but the judge said he'd send her to prison if she committed another heroin offense. Ventura County authorities have the option of prosecuting Neiers separately for drug possession.

Naturally, this case is getting widespread coverage because Neiers is a pop culture figure. But as Corona drug possession criminal defense attorneys, we would work for an outcome like this for any defendant accused of simple drug possession. Drug possession is a victimless crime, so it doesn't really protect the public to throw people in prison on that basis alone. On top of this, some drugs -- especially including heroin -- are very physically addictive, meaning their users actually can't do much to get off them. In this kind of situation, rehab is better for everyone involved than prison. If Neiers is an addict, she won't enjoy rehab, but addressing her addiction will likely also address her behavior problems. By contrast, adult prison would likely be a "criminal finishing school" where she may still have access to heroin.

Continue reading "Teen Who Became Famous for Stealing from Celebrities Sent to Rehab for Heroin" »

Our Chino drug crimes criminal defense attorneys wrote a few months ago about the trial of Jovan Jackson, the owner of a San Diego medical marijuana dispensary. Jackson was acquitted of drug possession and sales charges about a year ago, using the defense that he was selling marijuana legally under California medical marijuana law. However, the office of San Diego District Attorney Bonnie Dumanis brought him up on similar charges in September and won a ruling that Jackson couldn't use a medical marijuana defense. That time, he was convicted of marijuana possession and sales and imprisoned. On Dec. 7, Americans for Safe Access, a medical marijuana advocacy organization, moved for a new trial on the grounds that Jackson should have been allowed to use a medical marijuana defense and was a victim of double jeopardy.

Jackson was one of two dispensary owners originally prosecuted in San Diego following a federal raid. Jackson and the other defendant were both acquitted after being allowed to present evidence that the actions for which they were being prosecuted were legal under California law. That was in state court, where California law is applied, not in federal criminal court. However, after Jackson's acquittal, prosecutors brought new charges based on a different investigation of Jackson's dispensary. Before that trial, the judge ruled that Jackson could not use a medical marijuana defense, saying collectives and cooperatives are not protected if their primary purpose is sales rather than cultivation. This viewpoint is controversial and may be contradicted by court decisions, as well as by 2008 guidelines issued by the state attorney general. In its motion, ASA said it argued that the medical marijuana defense should have been allowed and that Jackson faced double jeopardy in violation of the Constitution.

As Huntington Beach drug crimes criminal defense lawyers, we wish ASA and Jackson luck overturning this verdict. As we wrote in September, we do not believe Jackson should have been tried again after his first acquittal. The second trial may not have technically been double jeopardy, since it was based on different events, but it's hard not to conclude that he was retried because Dumanis didn't like the outcome of the first trial. ASA's success on that part of the appeal likely depends on the details of each case. However, we think there's a stronger argument that Jackson should have been allowed to present a medical marijuana defense. This is routinely available in other state courts, most of which reject the interpretation of the law used by the trial judge and Dumanis. Interestingly, one article on this trial from the San Diego Union-Tribune said jurors didn't want to convict Jackson, but felt they had no choice under the law.

Continue reading "Medical Marijuana Advocates Move for New Trial for San Diego Dispensary Owner" »

Our San Clemente drunk driving criminal defense lawyers were saddened to read about the sentencing of a teenager for causing serious injuries to a toddler and his grandfather. The North County Times reported Nov. 29 on the sentencing of the teen, who was not named because of his age, in an intoxicated driving crash that left Izaiah Wallis, 19 months, paralyzed, blind and brain damaged. The child's grandfather, 50-year-old Abraham Verde, suffered a broken ankle in the crash. The teen pleaded guilty to being both drunk and high on marijuana when he hit the two. The probation department recommended a year in juvenile detention for the teen, but the prosecutor asked for and received the harshest sentence available for juveniles: 480 days in detention followed by probation until age 21. The teen cried at his sentencing and said he wanted to change his ways.

It was 9 a.m. on a school day when the boy crashed his parents' SUV into the grandfather and grandson, throwing Izaiah out of his stroller. Directly after the crash, the teen had a blood-alcohol content of 0.20 and marijuana in his system. The only previous offense on his record was a ticket for driving without a license. In the crash, Izaiah's skull was separated from his spine, leaving him with severe neurological damage that took away his ability to walk and to eat independently. He has undergone five surgeries and is scheduled for a sixth. Izaiah's parents are disappointed that the teenager could not be tried as an adult for the charges he faced, felony driving under the influence and a sentence enhancement for causing great bodily injury. His father, 21-year-old Jacob Wallis, hopes to push for an "Izaiah's Law" expanding the penalties for which juveniles may be tried as adults.

As Murrieta DUI criminal defense attorneys, we cannot agree. It's difficult to argue with a family that has suffered such a terrible and unnecessary loss, but we do not believe that trying juveniles as adults would help them get justice. For one thing, the newspaper noted that an adult guilty of the same crime would likely get a similar sentence. A sentence of 480 days is just under a year and four months; sentences for DUI manslaughter can be similar, starting at 16 months. More importantly, as the newspaper says, the juvenile justice system is designed for rehabilitation. Juvenile detention has built-in tools to help teens turn their lives around, including mandatory school attendance. By contrast, the adult system is focused on punishment. And as one court employee says in the article, teens who are tried as adults are much more likely, statistically, to offend again -- that is, adult prison can turn kids into adult criminals.

Continue reading "San Diego County Teenager Sentenced to 480 Days in Jail for DUI With Serious Injury" »

Our Torrance drug possession criminal defense attorneys were interested to see a report about an unexpected effect of the Transportation Security Administration's new body-scanning machines: drug detection. According to celebrity gossip website E!, old-school hip-hop artist Kurtis Blow was caught carrying a small amount of marijuana Dec. 2 as he passed through Los Angeles International Airport. Blow, 51, is considered a pioneer in rap and was the first rapper signed to a major label. That did not impress the TSA, which saw a suspicious anomaly in his pants as he passed through the body scanner machines. Agents ordered a pat-down, which led to the discovery of marijuana. Because the marijuana was found in California, however, the TSA confiscated it and wrote him a ticket for possession of less than an ounce, then sent him on his way.

This is one of the first high-profile drug possession cases to hit the media after California reduced marijuana possession to a ticketable offense. Prior to October, possessing an ounce of marijuana or less had already been a misdemeanor with no jail time. However, California reduced the penalties still further this fall, moving possession of less than an ounce from a misdemeanor to an infraction, similar to a traffic ticket. This means people cited for possession alone will no longer have a criminal record, may not have to appear in court and do not risk arrest. They will still pay up to $100 per ticket as a fine, however. When the bill was signed, the governor said it made sense to reduce the penalties since prosecuting possession of less than an ounce was a waste of state resources.

As Chino drug possession criminal defense lawyers, we strongly agree. As the Proposition 19 campaign pointed out, marijuana possession crimes cost the state millions of dollars to find, prosecute and penalize. That's far too high for a crime that, in its pure form, doesn't really have a victim. Simple possession of marijuana, like simple possession of beer, does not pose a threat to the people around the accused. In fact, there's nothing to say that Blow was even intoxicated at the time of his arrest. Furthermore, studies have shown (and recently reinforced) that minorities are disproportionately likely to be arrested for possession. Without a demonstrated threat to society, possession alone belongs at the very bottom of police agencies' priority list, if it is on the list at all.

Continue reading "TSA Machine Discovers Marijuana on 1980s-Era Rapper Kurtis Blow at Airport" »

Our Long Beach intoxicated driving criminal defense lawyers were interested to see a report about a sentencing in a DUI case involving a driver on multiple drugs. The Orange County Register reported Nov. 19 that 33-year-old Isaac Robert Longo was sentenced to 15 years to life in prison for causing the death of Cecelia Lopez and injuries to four other women. Longo was allegedly abusing two prescription anti-seizure medications as well as marijuana when he crashed into the stopped car in which Lopez, 82, was a passenger. Longo pleaded guilty in July to gross vehicular manslaughter while driving under the influence, with two prior DUI convictions, plus sentence enhancements for great bodily injury to multiple victims.

According to a press release from the Orange County District Attorney's Office, Longo was speeding when he entered the highway on Nov. 7, 2007. In addition to having smoked marijuana, Longo had reportedly taken Clonazepam and Gabapentin, both anti-seizure drugs that are abused recreationally for their sedative effects. He weaved in and out of lanes of traffic, and when traffic slowed, he drove on the shoulder at speeds of 70 to 100 mph to go around stopped cars. On the shoulder, he lost control and crashed into the passenger side of Griff's Honda, killing Lopez and ultimately causing a five-car pileup. Lopez's driver and daughter, Katherine Griff, suffered bleeding from the brain, a broken leg, cracked ribs and a bruised and punctured lung. In addition, the crash injured Kathleen Collens, 53; Kimberly Collens, 20; and April Levin, 33. A blood test revealed the drugs in Longo's bloodstream.

As Buena Park DUI criminal defense attorneys, we would like to remind drivers that Longo would likely have faced much less time without the prior DUI convictions. Penalties for DUI manslaughter are four to 10 years on a first offense. It's only with two or more prior DUIs that you face the 15 years to life sentence Longo received. (In fact, before he pleaded guilty, he may have faced even more time because of the injuries.) Of course, the best way to avoid a DUI manslaughter charge is to avoid driving while intoxicated. But if you do end up arrested for driving drunk, it's essential to defend it as thoroughly as possible, because a DUI conviction means much harsher penalties if you're ever convicted of another drunk driving offense in the future. That's on top of the penalties for a first DUI, which include thousands in fines and fees as well as loss of your driver's license and more.

Continue reading "Driver Sentenced to 15 Years to Life in Drug DUI That Killed 82-Year-Old Woman" »

Our Upland DUI criminal defense attorneys hardly ever encounter a media report of a DUI arrest that is just for driving under the influence of drugs, rather than a mixture of drugs and alcohol or alcohol only. That's why we were interested to see a short report on a marijuana-only DUI in the Kern County town of Maricopa. According to BakersfieldNow.com, a site maintained by news stations KBAK and KBFX, Michael James Kohlman and his wife, Jessica Anne Kohlman, were arrested on the morning of Nov. 16 after police found marijuana and a handgun in their car. The couple had their 18-month-old son in the vehicle, but the child's name was not given. The Kohlmans were both charged with marijuana possession and child abuse.

According to the article, Michael Kohlman was originally pulled over because a police officer spotted a crack in his vehicle's windshield. When the officers started speaking to the family, they noticed a strong smell of marijuana coming from the vehicle. They then searched the car and found marijuana, which Michael Kohlman said was for personal use. The officers also found a loaded semi-automatic handgun under the front seat. It was not clear how the officers determined that Kohlman was stoned, but they charged him with driving under the influence as well as the marijuana possession and child abuse charges. He also faces a charge for possession of a loaded, concealed firearm in a vehicle. The article did not say what happened to the couple's son after the arrest.

As Perris intoxicated driving criminal defense lawyers, we see several ways to challenge this DUI arrest. They start with the original traffic stop, which was reportedly because the vehicle's windshield had a crack. This is not a crime in California and is not usually a safety hazard, so it sounds a lot like an excuse. An experienced defense attorney handling this case should certainly investigate whether the traffic stop was illegal, which would give the Kohlmans a chance to argue that all of the evidence it produced is tainted and should be thrown out of court. The article also doesn't explain how officers knew Michael Kohlman was driving stoned. Unless they saw him smoking marijuana, the only way to prove this would be through a blood test. And as we've written here before, there's no strict standard for what level of a drug cases impairment, allowing us to challenge blood test readings in drug DUIs.

Continue reading "Bakersfield Father Arrested for Marijuana DUI With Toddler Son in the Car" »

A recent news item caught the attention of our Redlands intoxicated driving defense attorneys. The San Bernardino Sun reported Nov. 9 on the conviction of a Los Angeles man for gross vehicular manslaughter under the influence of alcohol. Dwight Dalton Davis, 58, was convicted of killing 16-year-old Victoria Angela Lemus by running a red light and hitting the side of the minivan in which she was riding. Police said Davis was under the influence of cocaine and also had a 0.08 blood-alcohol content. In addition to the manslaughter charge, he was convicted of driving under the influence, hit-and-run with serious injury and special circumstances related to those charges. He faces 18 to 20 years in prison at his sentencing Dec. 10.

Just before the 1:38 p.m. accident, Lemus was leaving a Rotary Club lunch where she had been awarded a college scholarship. She was a student at Cajon High School. Davis, meanwhile, had allegedly been picking up prostitutes at a park. Under the influence, he drove his Chrysler 300 into a closed-off lane and ran a red light in San Bernardino, broadsiding the minivan. The crash tipped the van onto its side, pushing it into an SUV that also tipped over. Davis got out of the car and tried to run away, but bystanders chased him down and held him. He was reportedly also combative with the police and hospital workers. The article did not mention any injuries to Davis or any of the other people involved in the crash.

This is a serious, and hopefully rare, case. But in our experience as Yorba Linda drunk driving criminal defense lawyers, most drug DUIs that end up in the media are like this one, in that the drug is mixed with alcohol. This often means that the defendant has two cases to defend: the alcohol DUI and the drug DUI. Defending these charges is more difficult than defending either type of single-substance DUI because alcohol and drugs often interact. Alcohol heightens the effects of some drugs, and even when it doesn't, it's hard for police officers to tell which substance is responsible for the symptoms of intoxication. This makes it difficult to argue that you were not genuinely intoxicated by the alcohol, even if you had a borderline BAC like Davis did. And it makes it harder to defend a drug DUI by arguing that the level of the drug in your bloodstream didn't cause intoxication.

Continue reading "San Bernardino Jury Convicts Man of DUI Manslaughter Under Influence of Drugs" »