DUI Blogger

As many court dockets get clogged with an ever-increasing number of DUI cases, more of them are getting plea bargained. Typically this means a reduction of the charge to a wet reckless, dry reckless, misdemeanor exhibition of speed or even traffic infractions.

Throughout the DUI court process, which may take months and involve several court hearings, prosecutors and defense lawyers negotiate the terms of a plea bargain. Prosecutors want the accused to plead guilty to a DUI and suffer consequences such as fines, DUI school and even jail time. The defense wants to avoid conviction and avoid these consequences.

By fighting a DUI charge and attacking the state's evidence, the defense increases the chances the D.A. or the judge will offer a "better deal." Two primary factors give the accused leverage. The first is the extent to which he can establish DUI defenses that reduce the likelihood of a conviction if the case goes to trial.

Continue reading "DUI Plea Bargaining: Supply & Demand" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Plea Bargaining

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Most people think of California DUI cases as involving "drunk driving." But the state's DUI law prohibits more than just driving under the influence of alcohol. The Vehicle Code make sit illegal to drive while intoxicated by alcohol or drugs or any combination of the two.

Driving under the influence of drugs is often referred to as "DUID" or "California DUI of Drugs." Some of these cases involve suspects arrested for driving while intoxicated by illicit drugs such as methamphetamine, crack cocaine or LSD.

But an increasing number of California DUI cases involve suspects driving while taking prescription drugs, even lawfully prescribed drugs. The two biggest trends we're seeing in DUID law are DUI Ambien and DUI Vicodin cases.

Many of the DUI Ambien cases involve "sleep driving." A person goes to sleep after taking ambien and maybe also a glass of wine, and wakes to find herself having driven somewhere while in a drug-induced trance. Most of the DUI Vicodin cases involve a person prescribed vocidin as a pain-killer after an injury or a surgery. He continues to drive as he normally does, but gets pulled over and cited for DUI.

Some people mistakenly think they can't be prosecuted for DUID if the drugs were prescribed by their doctor. Not so. California DUI law prohibits driving when your faculties are impaired by any substance: legal or illegal, illicit or prescribed. Nevertheless, a good DUI attorney can often find problems in the evidence and exploit them to get a DUID charge reduced or dismissed.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI of Prescription Drugs

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Although most California DUI cases get charged as misdemeanors--involving fines, DUI school and sometimes a short jail sentence--in certain instances prosecutors can charge a California felony DUI.

The consequences for a person convicted of felony DUI are significantly more serious. First, a misdemeanor DUI carries only a maximum sentence of six months to a year of county jail--though most offenders do little or no jail time. By contrast, a felony DUI can land a person in California state prison for 3 years of longer. Second, a felony DUI conviction resulting in probation will require felony probation and formal supervision by a probation officer.

Prosecutors may charge felony DUI in only three instances. First, a California DUI causing injury or death may be filed as a felony (or in more serious death cases, vehicular manslaughter). Second, a Fourth Time DUI may be charged as a felony. Finally, if a person has a prior felony DUI conviction for any reason, any subsequent DUI charge may be filed as a felony.

Like with all criminal cases, felony DUI often gets plea-bargained down. A prosecutor may start a case by filing the charge as a felony. But after recognizing weaknesses in the evidence, and negotiating with defense counsel, he/she often will agree to reduce the charge to a misdemeanor in exchange for a guilty or "no contest" plea.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , Felony DUI , News & Information

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DUI and “drunk in public” are misdemeanor crimes in California designed to protect the suspect and the public from a suspect’s dangerous, substance-induced behavior. Both laws criminalize a suspect’s being intoxicated in certain settings. But the level of intoxication that must exist for each crime to take place differs significantly.

In short, DUI requires that the suspect’s mental and physical faculties be impaired—at least to the extent that he can no longer operate a motor vehicle with the same skill and caution of a sober person. Whereas Penal Code 647f Drunk in Public requires that the suspect be extremely intoxicated—so much so that he can no longer safely care for himself or others, even while just walking around.

The DUI standard of intoxication remains somewhat nebulous and the subject of much debate—both scientific and political. California sets a per se BAC limit of .08 for drivers. But most experts agree that some people who are sensitive to alcohol can become impaired at a much lower level, in some cases as low as a .02 BAC. On the other hand, some individuals with a higher tolerance for alcohol can maintain sober-like faculties at a .10 BAC or higher.

In any case, one doesn’t need to be drunk to fall within the purview of California’s DUI laws. A low to moderate degree of intoxication can trigger and arrest and possible conviction. “Drunk driving” is therefore a misnomer. “Impaired driving” would better describe the standard.

Penal Code 647f, by contrast, is triggered only when the suspect is flat-out drunk. One could be well within the range of intoxication for DUI purposes, but well below the range for “drunk in public” purposes. This difference in standard makes sense. A person could create a hazard just by walking around in public sufficiently inebriated. But that hazard exists much sooner when the person combines alcohol and driving.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI

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The Riverside District Attorney's Office is now asking for 90 days of SCRAM on first time DUI cases where the defendant's BAC measures more than .15.

The SCRAM is a tamper-proof device that a person wears around his ankle. It measures alcohol from the wearer's sweat emitted throughout the day. The device then transmits the reading to a regional monitoring center--which reports the results to the court.

Many counties require the SCRAM device for repeat DUI offenders or very egregious cases. However, Riverside County looks to be one of the first to be seeking this penalty even in 1st time DUI cases where no accident is involved.

According to Riverside DUI attorney Michael Scafiddi, Riverside County is one of the more strict places in the state when it comes to drunk driving prosecutions. The local courts routinely impose 6 to 10 days jail even in 1st offense Riverside DUI cases--although most people can serve these days doing labor as opposed to actual time in the Riverside County Jail.

The SCRAM device can be an effective tool for courts to treat defendants with serious alcohol problems. But it may be an excessive requirement for many 1st time DUI offenders...not to mention an invasion of the person's privacy and a substantial expense (as the defendant must pay the cost of the program).

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Consequences

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California's System of Mandatory DUI School: Does it Really Work?

Most people know the routine that follows a California DUI conviction: probation, fines, a temporary drivers license suspension, and--of course--the infamous California DUI school.

Indeed, California has developed an elaborate series of alcohol education programs for DUI offenders. These range from a 12-hour class for those convicted of a lesser "wet reckless" offense, to a 30-month alcohol program for 3rd offense DUI offenders. Los Angeles County's 30-month DUI school can entail up to 400 hours of community service, group counseling and education sessions.

The California Department of Alcohol and Drug Programs licenses private entities to provide this drunk driving programming. Nearly 500 exist throughout the state. One overarching policy goal is at work: dissuading those convicted of DUI from continuing to drink and drive.

Very little data exists to measure the effectiveness of California DUI schools. Probably, as with any type of rehabilitation program, success varies depending on the individual--and in particular whether the student sees herself as having an alcohol problem that needs addressing.

Continue reading "California DUI School" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI School

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The Marine Corps Times reported in an article on January 6, 2009, that Lance Corporal Quintin Garza, 21, pleaded not guilty to California DUI charges stemming from a fatal New Year’s Day crash on a San Diego County road.

Prosecutors allege that Garza was driving through a winding stretch of El Camino Real near Rancho Santa Fe when his vehicle collided with a parked SUV owned by Gaudencio Reyes-Quintana. Reyes-Quintana’s vehicle was stuck in the mud, and California Highway Patrol officers believe that Reyes-Quintana was standing outside of the vehicle when Garza crashed.

Garza’s attorney notes that the vicinity was foggy that night with areas of drizzle, which along with curvy roads and limited sight lines may have contributed to the car accident. Garza himself was unconscious when police officers arrived at the scene.

Continue reading "Camp Pendleton Marine Pleads Not Guilty To DUI Crash" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , News & Information

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The Los Angeles Times reports that on December 13, 2008, Ventura County prosecutors charged screenwriter Roger Avary with gross vehicular manslaughter. Avary pleaded not guilty to manslaughter and other charges which arose from a January 2008 single-car collision on a rural Ojai road.

According to the prosecution, late on January 13, 2008, Avary missed a turn and crashed his vehicle into a telephone pole. The impact killed one passenger, Andreas Zini, a family friend; and injured another passenger, Avary’s wife Maria.

Avary has been charged with manslaughter and two felony counts of causing bodily injury while intoxicated. Gross vehicular manslaughter carries a potential prison term of 2 to 6 years, depending on the relevant circumstances of the case.

Continue reading "Pulp Fiction, Beowulf Screenwriter Charged with DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , News & Information

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The Los Angeles Daily News reports a decline in the number of DUI arrests in Los Angeles and Orange Counties over the holiday season. This decrease comes in spite of the holiday maximum enforcement policies undertaken by the California Highway Patrol (CHP)—both in the metro area and statewide.

In Los Angeles County, CHP reported 202 DUI arrests over the New Year holiday period, 30 less than last year’s total DUI arrest figures for the county. In Orange County, 11 fewer arrests were made for DUI during the holiday. These numbers follow a general trend of lower DUI numbers during the past year. Total DUI arrests for 2008 are 986, down from 1082 in 2007.

Continue reading "Holiday DUI Arrests Down from Last Year" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , News & Information

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On January 2, 2009, actress Heather Locklear pleaded no contest to a charge of misdemeanor reckless driving, reports TMZ.com. Locklear’s no contest was delivered as part of a plea bargain which resulted in the dismissal of DUI of drugs charges against the 47-year-old actress.

In September 2008, according to Reuters, a California Highway Patrol officer responding to a 911 call arrested the actress after finding her car blocking a traffic lane near Montecito. Breath tests failed to indicate the presence of alcohol, and she was charged with driving under the influence of drugs.

California law makes no real distinction between impairment caused by prescription medication such as anti-depressants and cold medicines, and impairment caused by illegal drugs such as cocaine or marijuana. Also, a California DUI drugs charge carries a more significant social stigma than drunk driving. Clearly a lot is at stake for anyone facing a DUI drugs charge.

Continue reading "Anatomy of a California DUI Case: Heather Locklear " »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , Driving Under the Influence of Drugs , News & Information

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Ventura County DUI attorney Darrell York succeeded in getting a drunk driving case thrown out of court on Januray 30th after convincing the court that the original traffic stop was improper.

The client was stopped for allegedly weaving. He subsequently took a roadside breath test with results of .14 and .15 BAC. He was charged in the Ventura County courts with Vehicle Code 23152 (a) and Vehicle Code 23152 (b) driving under the influence.

Oxnard police had arrested the motorist on August 15, 2008, stating in the police report that he was observed weaving and tailgating. Ventura County DUI lawyer Darrell York cross-examined the officer at a California DMV hearing. The officer gave inconsistent testimony, saying he didn’t observe weaving but that the client was driving in an unmarked bicycle lane—a claim attorney York was able to discredit.

Attorney Darrell York visited the scene of the traffic stop, and discovered that there was no such “unmarked bicycle lane,” as the officer had testified.

In court, attorney York brought a Penal Code 1538.5 motion to suppress all evidence stemming from the traffic stop. The judge granted the motion, and the DUI case was then dismissed.

Prior to becoming a DUI defense attorney, Darrell York worked as a police officer himself and conducted more than 1000 drunk driving investigations. He routinely uses DMV hearings as a vehicle for cross-examining police officers and challenging their accounts of DUI arrests. This litigation tactic has led to some DUI cases being dismissed, and others settled on terms more favorable to the client.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI

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Elliott Rothman, a Pomona City Councilman, has been arrested recently by Pomona police and charged with driving under the influence of alcohol and/or drugs. According to a recent October 8 Pasadena Star-News article 50-year-old Rothman was stopped by police late Tuesday and booked on misdemeanor charges shortly after.

Details of the incident and the exact nature of Rothman’s act that lead to the arrest are not reported in the article and the Pomona City Manager’s office has not released a statement yet. It is understood that Rothman is a veteran city official, who has served in the City Council for 12 years.

This incident could certainly turn into a major setback for Rothman. Any time a city official, who most of us associate with upholding and enforcing the law, is accused of breaking the law, he or she is placed in a vulnerable position. This arrest is definitely tarnished Rothman’s reputation. The course this case takes could depend on the nature of the incident and the seriousness of the charges. The fact that this is a misdemeanor indicates that there were no serious injuries involved in the incident, which led to his arrest.

Rothman would be well-advised to seek the counsel of an experienced Southern California drunk driving defense attorney. If you have been arrested and accused of driving under the influence, we can help you. A DUI conviction could result in suspension of your driving privilege, hefty fines and penalties and possibly jail time. Repeat offenders will face even more serious consequences. Call us today to schedule your free consultation and discuss your legal options.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI

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