DUI Blogger

Prosecutors in Cook County, Chicago, are looking into whether an officer hailed as “top cop” for making a record number of DUI arrests, followed the correct procedure in administering field sobriety tests or Breathalyzer tests. According to a news report in the Chicago Tribune prosecutors dropped 50 misdemeanor cases stemming from arrests made by Officer John Haleas. About 500 more cases are under review, the article said.

The investigation began after two prosecutors in training rode along with the officer in April 2005. Not only did they see that Haleas did not give the man he stopped on suspicion of a DUI a field sobriety test, but also he did not make the man aware of his rights to decline a Breathalyzer test. Officers are also mandated by law to observe a suspect for 20 continuous minutes before giving the exam, but Haleas did not do that either, the article said.

The police department reportedly conducted an internal investigation, found that there was misconduct on the part of the officer. He was penalized with a one-day suspension and reassignment to desk duty. The article also says Haleas made 718 arrests in 2005 and 2006, more than any other officer in the entire state of Illinois. He was a two-time winner of the “Top Cop” award from the Alliance Against Intoxicated Motorists. Now it seems prosecutors will drop not only hundreds of misdemeanor cases involving this officer, but also many felony cases that carry a harsher punishment.

As DUI defense attorneys, we know that this officer in Chicago is probably not the only one in the country who does not follow proper procedure in DUI arrests. Research by the National Highway Transportation Safety Authority (NHTSA) has shown that many police officers themselves don’t understand how to administer field sobriety tests. Breathalyzer exams are also highly questionable.

When a police officer does not follow proper procedure as in this case, not only are innocent people put in jail or penalized heavily, but people who are really guilty of drunk driving are going to be let off the hook because the officer’s credibility is in question.

If you or a loved one has been accused of a DUI, call a Southern California Drunk Driving defense attorney to discuss your legal options. We will make sure your side of the story is heard and help you fight your DUI charge.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI

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Last week, California Governor Arnold Schwarzenegger signed off on a new legislation, which will toughen the law when it comes to DUI offenders. Named after Steve Ambriz, an Orange City Councilman who was struck and killed in a DUI crash, the new law required all drivers obtaining or renewing their license to sign a statement admitting that they understand it is dangerous to drive a vehicle while under the influence of alcohol or drugs and that they could be charged with murder if found responsible for the DUI crash.

According to an article posted on MSNBC’s Web site , the governor announced the new law at a press conference in Santa Ana, which was attended by Ambriz’s widow and 4-year-old daughter and formalized the legislation during a special ceremony at the California Highway Patrol office as well. The bill had been introduced by Orange Assemblyman, Todd Spitzer. Ambriz was killed in May 25, 2006 when a pick-up driver reportedly under the influence of methamphetamines, slammed head-on into the councilman’s car.

Lawmakers say that this legislation with toughen DUI laws in the state because it will make it easier for prosecutors to pursue second-degree murder charges against those who drive under the influence and cause a fatal crash.

These tough laws, while they aim to catch offenders and put them behind bars, have a flip side in the sense that they could penalize someone who is innocent as well. When someone causes an accident as a result of driving drunk, they should be brought to justice. But as California DUI defense attorneys, we come across numerous cases where the charges are not valid. The science behind a DUI arrest – chemical tests, field sobriety tests and so on – have their inherent flaws. Many times, people who perform these tests don’t know what they’re doing.

As DUI laws get tougher, it becomes even more important to hire the right attorney when you get charged with drunk driving. You need a California DUI Defense attorney, who will present your side of the case and get the best possible result for you. Sometimes, we see that our clients need help, not jail. We will do what it takes to get you an acquittal, get your charges reduced or get you the counseling and help you need. In other words, we’ll do what it takes to keep you out of jail or prison.

If you or a loved one has been charged with a DUI, contact a Southern California Drunk Driving defense attorney at once. We will talk about the best possible solution for your case.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Legislation

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A 26-year-old Ramona woman was arrested for the fifth time in sixth months on a drunk driving charge, a news report in the San Diego Union Tribune states. According to the article Tiffany Adamo has been arrested during stops and was once even found passed out in her car behind the wheel and blocking traffic. Adamo bailed out each time she was arrested and none of her cases have reportedly gone to trial yet.

In the most recent incident that led to her arrest, Adamo was driving at a local shopping center when she crushed a 7-year-old boy against his mother’s car. Fortunately the boy was not injured seriously. Adamo even tried to leave the scene, but was stopped by the boy’s mother who blocked her path and wouldn’t let her go, the Union Tribune reported.

The report also provides more interesting information about Adamo. She had no criminal record before her DUI arrests. According to family members who were quoted in the article, she was a kind-hearted woman who did well in school, attended community college and was even engaged to be married. Police however found that she possessed prescription narcotics and found her to be under the influence of a medication described as a “central nervous system depressant.”

It could take weeks before we find out exactly what drugs were in Adamo’s system. But the question is if she did not have a criminal record, why didn’t she get the help she needed before the situation got out of hand. Why wasn’t she offered the option of going into rehab or a sober living facility?

Southern California Drunk Driving defense attorneys have not only had a high success rate with acquittals in DUI cases, but in many instances we have also helped clients avoid jail and get the help they need to become clean and sober. We’ve found that very often, addicts need a nurturing environment where they can recover from their addictions. Jail or prison won’t help.

If you or a loved one has been accused of driving under the influence of alcohol or drugs, call a Southern California Drunk Driving defense attorney to discuss your legal options. A DUI charge does not automatically mean jail time. You have other options. Call us for a free consultation.

Posted by Neil Shouse | Permalink | Email This Post

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Actor Kiefer Sutherland has pleaded no contest to a misdemeanor drunk driving charge, according to a news report in The Los Angeles Times . The “24” star was arrested on suspicion of driving under the influence of alcohol and a probation violation stemming from a separate DUI case three years ago.

The DA’s office has recommended to the judge that the actor be sentenced to 48 days in jail on both those charges. But if the judge does not accept the plea deal, Sutherland faces up to one year of jail time. The actor is scheduled to be sentenced Dec. 21 before Los Angeles Superior Court Judge, Stuart Rice.

Sutherland was stopped at the corner of La Cienega and Beverly early morning Sept. 25 after he was reportedly spotted making an illegal U-turn. Officers then made the actor take field sobriety tests, which he reportedly failed. The Times also reported that the 40-year-old actor’s blood alcohol level was more than twice the legal limit in the state of California, which is .08. Celebrity Web site TMZ reported that Sutherland was returning from a Fox party at a night club near where he was arrested.

Apparently, this wasn’t Sutherland’s first alcohol-related offense. The Times reported that he already had three of those on his record. Sutherland had released a statement through his publicist that he was “very disappointed” in himself.

Although this incident involves a celebrity, it’s not too different from a common DUI arrest that occurs on city streets every day. Most police agencies administer Breathalyzer tests and field sobriety tests, but not many of us know that we have the right to not take the field sobriety tests. Our attorneys have found in their handling of numerous DUI cases that many police officers lack the knowledge and training to conduct these field sobriety tests effectively.

If you or a loved one has been arrested on suspicion of a DUI, call our knowledgeable Southern California Drunk Driving defense attorney to schedule your free consultation and discuss your case. A DUI case can have dire consequences on your career and family life. Your license could get suspended or revoked. Don’t delay. Call us today.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests

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I was driving down La Cienega Blvd in Los Angeles last week when traffic slowed to crawl. Something was going on up ahead. Perhaps it was an accident or road construction. At 3 in the afternoon, it couldn’t be checkpoint designed to nab DUI suspects.

Turns out it was a checkpoint, but not a DUI or drunk driving checkpoint. The police were looking for unlicensed drivers. And many of them were found. This was an LAPD checkpoint, but similar to ones set up by the CHP , Los Angeles County Sheriff , Riverside Police Department and other law enforcement agencies.

California law provides for two misdemeanor offenses for unlicensed driving. California Vehicle Code 12500 VC makes it a crime to drive without a license . This usually applies to drivers who have never obtained a license to begin with, or to persons with out-of-state licenses who move to California but then fail to obtain a California license. It also is an issue for many illegal immigrants, who live and work here but cannot legally obtain a drivers license.

The second misdemeanor offense is Vehicle Code 14601 Driving with a Suspended License . This applies when the driver’s license was suspended for reasons such as a DUI, too many points, or nonpayment of DMV fees. The law considers Vehicle Code 14601 charges more serious, and usually imposes mandatory jail time upon conviction.

As the many arrests at the checkpoints reveal, many people in Southern California drive illegally. Part of this stems from the sprawling nature of our region, and the lack of viable public transportation. Many unlicensed drivers simply cannot work, take their kids to the doctor and obtain food and other necessities without driving. So they drive illegally, but at the risk of arrest, prosecution and jail time if they get caught.

Our experienced Southern California DUI Defense Attorneys can help those who have lost their license due to DUI. Contact us today.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints

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