DUI Blogger

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" »

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" »

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 " »

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.