April 18, 2008

San Diego Man Will Face Trial for Police Dog Death

A San Diego man accused of leading police on a wild-goose chase that ended up in a jump off of San Diego’s largest bridge and the death of a police dog will face trial, authorities have confirmed. Among other things, Cory Byron is charged with evading officers, DUI, and harming a police animal. The chase, which took place on New Year’s Eve, traversed the streets of San Diego before culminating in a jump off of the Coronado Bridge while a police dog was gripping Byron’s arm. The dog died; Byron sustained a collapsed lung and other injuries and was rescued by Harbor Police after his plunge into the San Diego Bay.

Byron, who has previous DUI convictions, will face a complex criminal case that spans several areas of law. His case will hinge on whether he was aware that he was sending Stryker, the police dog, to his death, and will be complicated by the relative lack of legal precedent in similar cases. Though the incident lasted just a few seconds, it could forever affect Byron’s future: he will face four years and four months in state prison if he is convicted at his upcoming trial.

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April 14, 2008

Mischa Barton Faces the Music for DUI

She’s just the latest in a string of starlets facing trouble with the law after driving under the influence. Now Mischa Barton, a young actress who performed on the popular teen soap “The O.C.,” has pleaded no contest to driving under the influence (DUI) after a December pullover. Barton, who is 22 years old, attracted the attention of an officer after straddling lanes and failing to use her turn signal. Baron pleaded no contest to both DUI and driving without a license. Barton will now begin three years of probation for her crime.

Contrary to popular belief, a “no contest” plea is not the same as a guilty plea. Rather, a no contest plea means that the defendant in a case neither contests nor claims guilt for the charges at hand. Generally, no contest pleas are associated with a plea bargain. It is safe to assume that Barton’s high-powered attorneys brokered a plea deal with the court, obtaining probation instead of revoking her license. Though a no contest plea can have its advantages, it could backfire if a DUI case is brought to civil court, since it is often interpreted as a guilty plea by civil juries.

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April 8, 2008

DUI Leads to Palm Springs Power Outage

A Palm Springs man could be on the hook for more than just felony DUI – his ill-fated driving spree cost 1,000 Southern California Edison customers their power when he crashed his Mustang into a power pole. Though Noel Hernandez Montes has not yet been convicted of felony DUI, he was suspected of driving under the influence when his car rolled over, downing a power pole and several power lines. Montes did not injure any other drivers during his wild ride, but he did get himself into a whole lot of legal trouble.

If convicted, Montes could face criminal and civil charges related to the DUI and the outage. In addition for being responsible for repair costs for the power poles and lines, he could face penalties for the outage and any problems it may have caused for power customers. This is just one example of a situation in which a seemingly straightforward DUI case can get complicated. One can only hope that Montes has obtained an experienced California DUI attorney to help construct a legal case designed to safeguard his rights, his freedom, and his money.

Every DUI case is different and involves different circumstances, parties, and legal elements. Montes could have to deal with insurers, representatives of the power company, attorneys for affected parties, and the law. This highlights the importance of the right California DUI lawyer to negotiate between parties and keep you out of jail. Handled properly, DUI penalties can be significantly reduced, protecting your license and keeping you out of jail. Neil Shouse & Associates has DUI lawyers who are experienced, aggressive, and sympathetic towards our satisfied clients. Why go it alone when you could face jail time, loss of license, and heavy fines? Turn to Neil Shouse & Associates instead. Fight your DUI accusation with confidence – call Neil Shouse & Associates today for a free, confidential case consultation.

April 1, 2008

South Bay DUI Arrests Up 20 Percent During Holiday Season

A South Bay DUI crackdown resulted in 20 percent more DUI arrests, reports the Mercury News. In 2006, 716 arrests were made of drivers suspected to be operating their vehicles while under the influence of alcohol and drugs; the figure rose to 859 between December 14 and January 1. The California Highway Patrol’s holiday crackdown put large numbers of officers on the roads, with 80 percent of the Patrol’s officers deployed along with “roving DUI units” designed to track down potential DUIs.

Among Bay Area law enforcement, San Jose police led the arrest count, with Palo Alto and Morgan Hill police departments following closely behind. Unfortunately, there was one alcohol-related death on the road during the crackdown period when Palo Alto man Enrique Tejada died during a Christmas Eve wreck. However, this number is smaller than in 2006, which saw four DUI-related deaths during the enforcement period.

Increased enforcement during holiday periods is no anomaly to California residents, who are used to hiked-up patrols at times when holiday parties and irresponsible drinking often drive accidents and DUI-related deaths. However, the increased action on the part of CHP and local law enforcement reflect a broader attempt to crack down on California DUI cases. And California’s own DUI laws are among the toughest in the nation, requiring mandatory jail time, increasing in severity with every offense, and endangering convicted DUI drivers’ careers and reputations.

If you’ve been accused of a California DUI, act immediately to protect your rights and your license. Call Neil Shouse & Associates today. Our experienced and aggressive attorneys know what it takes to free you from all DUI charges, negotiate repeat charges, and work within the often-confusing California DUI system. We’re committed to protecting the freedom and personal rights of each and every DUI client. Call today – a phone consultation is free and confidential.