DUI Blogger

According to the California Highway Patrol, David “Puck” Rainey was arrested in San Diego last week on suspicion of DUI, driving without a license, and child endangerment. This was after an accident where his car was found upside down in an embankment. He reportedly broke both of his feet, his right hand, and his neck. His 8-year-old son, Bogart, was also injured, suffering bruised internal organs and damage to his liver.

Prosecutors haven’t officially charged the former reality series star (who remains in the hospital). And details about the arrest and about why the CHP believes that “Puck” was driving in violation of Penal Code 23152 VC, California’s DUI law haven’t yet been released.

Depending on what the evidence reveals, prosecutors could charge “Puck” with either DUI or the more serious charge “DUI causing injury”, since he allegedly injured his son in the accident. They could also choose to file child endangerment as a sentencing enhancement (which would likely add a 48-hour jail sentence to the DUI charge) or as a crime in-and-of itself, which would subject him to up to a year in jail (if charged with a misdemeanor), or up to six years in the California State Prison if charged with a felony).

Once Puck is released from the hospital, more details will surely emerge.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI

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California criminal law excuses accidental acts that result in injury...sometimes. We say “sometimes” because in order for an accident to qualify as a California legal defense, it must occur during an otherwise lawful act.

If you are engaged in unlawful activity and “accidentally” injure someone, California criminal law will not excuse your conduct. This is why prosecutors can charge you with a sentencing enhancement…or even a more serious charge alleging DUI with injury…when you are involved in or cause an accident while you are driving under the influence.

DUI is a crime. It therefore follows that any acts that you perform while DUI are criminal as well. This means that if you are DUI and cause an “accident” in the exact same manner as someone who is sober, you will likely be punished for the accident, whereas your sober counterpart will not.

“Accident” only qualifies as a California legal defense under three circumstances:

1. you didn’t intend any harm,


2. you weren’t acting negligent at the time, and


3. you were engaged in lawful conduct.

If even one of these elements isn’t satisfied, your accidental conduct will subject you to criminal prosecution.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Accident Legal Defense , DUI

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Here’s the most recent information on this weekends’ California’s DUI sobriety checkpoints.

Friday - March 26, 2010

The Sheriff’s Department will conduct a sobriety checkpoint Friday night between 6pm and 12am in the city of Loma Linda.

The Sacramento Police Department will operate a DUI sobriety / driver’s license checkpoint Friday night at an undisclosed area in the north part of the city.

Saturday – March 27, 2010

The Los Angeles Police Department will stop motorists on Saturday night between 7pm and 2am on Cahuenga Blvd. near Broadlawn Ave.

The Costa Mesa Police Department will operate its sobriety / driver’s license checkpoint Saturday night between 8pm and 2am at the intersection of Harbor Blvd. and Peterson Pl.

The Cypress Police Department will conduct a DUI checkpoint Saturday night between 7pm and 3am on Lincoln Ave. at Sumner Pl.

The Norco Office of the Riverside County Sheriff’s Department will operate a sobriety and driver’s license checkpoint on Saturday night from 7pm to 3am at an undisclosed location in the city of Norco.

The San Jose Police Department will conduct a DUI / driver’s license roadblock Saturday night between 9pm and 3am at an undisclosed location in the city of San Jose.

The California Highway Patrol will stop drivers at its DUI / license checkpoint on Saturday night between 9:30pm and 3:30am in an unincorporated area of San Bernardino County between Chino and Montclair.

**You can typically contact the local law enforcement agency the evening of the scheduled DUI checkpoint to learn more details about the checkpoint’s exact time and location.

Drive safely!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI

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St. Patrick’s Day is almost synonymous with alcohol. Make no mistake about it, the bars will be packed, the green beer will flow freely, and the cops will be out on DUI saturation patrol. Here’s the skinny on the California DUI sobriety checkpoints that have been announced for tonight, following into the weekend.

Orange County will be conducting countywide DUI roving patrols for the holiday. This means that even if law enforcement doesn’t set up actual DUI roadblocks, Orange County officers will be on the lookout for drunk drivers.

Riverside County will be deploying additional DUI patrols tonight into the cities of Beaumont, Blythe, Corona, Coachella, Lake Elsinore, Moreno Valley, Murrieta, Norco, Palm Springs, Riverside, San Jacinto, and Temecula.

The City of Sacramento will also be on heightened DUI alert tonight.

The Los Angeles Police Department will conduct a DUI checkpoint in the Wilshire area tonight at an undisclosed location.

The Santa Monica Police Department will run a DUI roadblock tonight in the 300 block of Pico Blvd. in the city of Santa Monica.

The Redwood Police Department will operate its sobriety / license checkpoint tonight on Eastbound Woodside Road at Sequoia Ave.

The Fullerton Police Department will conduct a sobriety checkpoint Friday night at an undisclosed location in the city of Fullerton between 8pm and 2am.

The Riverside Sheriff’s Department will conduct a DUI checkpoint in the city of Lake Elsinore at an undisclosed location Friday night.

The LAPD will also be operating a DUI roadblock on Friday night at an undisclosed location in the North Hollywood area.

The LAPD’s Southwest Division will operate its DUI sobriety / driver’s license checkpoint on Saturday night between 6pm and 1am on Manchester Ave. between Hoover St. and Figueroa St.

The LAPD’s will also set up DUI saturation patrols on Sunday, March 21st in the areas served by their Harbor and Central Community police stations.

For more information, you can typically contact the local law enforcement agency a couple of hours prior to the DUI checkpoint’s start time to learn more details about the checkpoint’s exact location.

Happy St. Patrick’s Day – drive safely!!!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , News & Information

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Although it may not seem like a DUI has much in common with a child endangerment charge, the two are actually very closely related under California law. This is because any individual who is arrested for DUI (and who has a child under the age of 14 in his/her car at the time) is subject to a penalty enhancement. Depending on the circumstances, this enhancement could add between 48 hours to 90 days of additional jail time to the DUI sentence.

If the circumstances surrounding the DUI were particularly egregious, prosecutors could charge the defendant with a DUI and Penal Code 273a, California’s child endangerment law.

Penal Code 273a, California’s child endangerment law prohibits placing a child in a potentially dangerous situation. California courts have ruled that this includes placing a child in a car with an intoxicated driver. A child endangerment charge subjects an offender to up to six years in the California state prison.

The best way to avoid these severe penalties is to fight the underlying DUI charge. If you aren’t convicted of DUI, there is no criminal act to support the California child endangerment allegation.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Child Endangerment , DUI , DUI Consequences , DUI Legislation

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Although California DUI murder cases a.k.a. “Watson murder” cases used to be quite rare, they seem to be on the rise. Last week, an Orange County jury convicted Suzanne Amelia Carlson, 27, of second-degree murder after she killed her passenger by crashing into an 18-wheeler Fed-Ex truck while she was intoxicated back in 2007.

Within an hour of the accident, Carlson submitted to a DUI breath test that revealed a blood alcohol concentration (BAC) of .22%. Carlson had previously been convicted of three DUIs, one in 2001, and two in 2007.

In order for a prosecutor to get a murder conviction in a DUI death case, he/she must prove that the defendant had first-hand knowledge about the dangers of drinking and driving, yet acted with complete and reckless disregard for that fact. Prosecutors were apparently able to prove that in this case, as well as two other recent California DUI murder or “Watson” murder cases.

Carlson, as well as the other defendants recently convicted of DUI murder, face fifteen years-to-life in the California State Prison for their acts. This is one reason why it is critical to consult with an experienced California DUI defense attorney immediately upon arrest if your DUI involved an accident where someone was injured or killed.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Second Degree Murder , News & Information , Vehicular Manslaughter

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Energy drinks and alcohol have been popular for years (perhaps the most common being a “Red Bull and vodka” cocktail, otherwise known as a “birch”). But as more studies are emerging, we’re learning that the combination of caffeine and alcohol can lead to a host of dangers.

One of the largest societal risks is that the caffeine masks the feeling of intoxication. As a result, those who have consumed energy drinks mixed with alcohol feel pretty comfortable getting behind the wheel. In fact, it was reported that those who drank these mixed drinks were four times as likely to drive drunk thank those who were drinking alcohol exclusively. It therefore goes without say that in areas where these types of drinks are frequently served, DUI arrests are up.

Young adults flock to these types of drinks, as do many underage drinkers at bars, on college campuses, and at house parties throughout California. In Thousand Oaks, California, the City Council even adopted a new ordinance, requiring all retailers who sell products containing caffeine and alcohol to clearly post signs inside their establishments warning consumers about the potential dangers of mixing the drugs.

The bottom line is, as always, drink responsibly.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI

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The following are the California DUI sobriety / driver’s license checkpoints that are set to operate tonight and this weekend:

Thursday, March 4th
The Salinas Police Department will conduct a DUI / license checkpoint sometime tonight at an undisclosed location within the city limits. Weather permitting, all vehicles will be checked.

Friday, March 5th
The Valley Division of the LAPD will operate its DUI sobriety / driver’s license checkpoint on Friday night between 8pm and 3am at the intersection of Cahuenga Blvd. and West Broadlawn Ave. in North Hollywood.

The Atwater Police Department will operate a DUI roadblock at an undisclosed location in the city Friday night.

Saturday, March 6th
The Lake Elsinore Police Department will conduct its sobriety / driver’s license checkpoint Saturday night at an undisclosed location within the city.

With respect to the above California DUI checkpoints that aren’t too descriptive, you can directly contact the police department in the late afternoon to find out more details about their operation and location.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI

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A Portland judge sentenced Zoe Hoeltzel to over three months in jail, probation, and 160 hours of community service. Hoeltzel’s privilege to drive was also taken away for a full five years. This was after she crashed into a sidewalk full of pedestrians, seriously injuring two people, one of whom lost her leg as a result of the accident. Hoeltzel had a blood alcohol concentration of .10%.

Based on these facts, it appears that Hoeltzel could have been convicted of a DUI causing injury. California Vehicle Code 23153 punishes DUI drivers who cause another person to suffer an injury. However, she was not charged with her local DUI with injury statute (which essentially reads the same as California’s), most likely because the accident wasn’t entirely her fault.

Just prior to hitting the pedestrians, Hoeltzel’s car was hit by another driver (who was also allegedly DUI). That driver immediately jumped out of his car to help the injured victims, expressed remorse, and pleaded guilty to his charges. Hoeltzel remained in her car, maintained her innocence throughout, and didn’t apologize to the victims until just prior to sentencing. It was these facts that angered the public and led to the controversy surrounding this case.

A DUI driver who causes another person to suffer an injury typically faces felony DUI charges. If convicted, such an individual faces incarceration in a state prison and substantial fines.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , News & Information , Reckless Driving

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The Timberwolves’ center Al Jefferson was arrested this weekend on suspicion of DUI. Cops pulled him over after they allegedly saw him speeding and changing lanes without signaling. Jefferson then reportedly “failed” his field sobriety tests and submitted to a blood test before being arrested for driving under the influence.

As a Los Angeles DUI defense attorney, I immediately see two red flags: the first is that speeding is not indicative of drunk driving. And while the police seem to think it is, the National Highway Traffic Safety Administration (the nation’s leading authority on DUIs) does not.
The second problem is that Jefferson missed the last two and a half months of last season after injuring his right knee and undergoing surgery. This type of injury could easily (and innocently) explain a poor performance on any of the field sobriety tests (which should more appropriately be called field balance tests).

This is simply another example of why I always say that every DUI is worth fighting! It doesn’t matter how overwhelming the evidence appears, a good DUI defense lawyer can always find at least one legitimate issue to challenge.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , Exhibition of Speed , News & Information

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Late last week, reporters learned that 8 out of the 10 DUI breath testing instruments that were being used in Washington D.C. were not in proper working order. And it’s not as though we’re talking about these machines being broken for a day or two, but dating back to October 2008. As a result, hundreds if not thousands of DUI cases will have to be reevaluated, and many if not all of the DUI suspects who were tested on these faulty instruments will have their DUI cases dismissed.

This is why we say that it is always worth fighting a DUI…especially if you submitted to a breath test. California DUI breath test results are often inaccurate…and, apparently, this problem isn’t limited to California.

Just because you “blow” a 0.08% or greater on a DUI breath test doesn’t mean you’re guilty of DUI. California DUI breath testing instruments are often inaccurate due to a wide variety of factors…poor maintenance, improper calibration, one’s own physiological factors, and even a shoddy police pre-observation period can produce a falsely high blood alcohol concentration (BAC).

Make no mistake about it, these instruments are not foolproof! And this recent report only helps to prove that fact.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Breath Testing

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