DUI Blogger

Original “Melrose Place” actress Amy Locane was charged today with second-degree vehicular homicide and third-degree assault stemming from an accident that took place last night. Locane allegedly hit another car, killing the female passenger inside. This was reportedly immediately following a minor hit-and-run. She faces five-to-ten years in prison if convicted.

California DUI law allows prosecutors to charge those who have suffered at least one prior DUI with second-degree murder if they allegedly kill another person while drunk driving. Much more severe than vehicular manslaughter, a DUI second-degree murder charge carries a prison sentence of 15-years-to-life.

The reason that California law allows DUI second-degree murder charges for those previously convicted of DUI is because DUI offenders in this state are advised at the time of conviction that driving drunk is dangerous to human life…and that if they continue to do so, they are driving with that special knowledge. That knowledge is equivalent to malice – a state of mind that expresses an “I don’t care what happens” attitude…a state of mind that is required before an individual can be convicted of murder.

Although there are no reports that Locane suffered any prior DUI convictions, it is important to understand how “priors” play into a DUI sentence that involves death.

Crazy as it sounds, it could be true. If you are charged with Vehicle Code 2800.1 VC California’s “misdemeanor evading an officer” law in conjunction with a DUI, the DUI could excuse the evading charge.

This is because in order to convict you of Vehicle Code 2800.1 VC California’s “misdemeanor evading an officer” law, prosecutors must first prove that you “specifically intended to evade an officer”. Voluntary intoxication can serve as a defense to this type of “specific intent” crime.

If you can prove that you were so intoxicated to the point that you didn’t realize that you were being pursued by an officer…and therefore didn’t “specifically intend” to flee…you may be entitled to an acquittal on the evading charge.

Of course, you’ll still have to answer for the DUI charge, but you may escape the additional penalties that a VC 2800.1 charge carries…up to six-months in a jail and a maximum $1,000 fine.

Early this morning, actor Chris Klein was arrested for DUI. His arrest, which took place in California’s San Fernando Valley, is the actor’s second in six years. As a result, a conviction will mean mandatory jail time.

In California, DUIs are “priorable” offenses, which means that every time you are arrested for the offense, your penalties automatically increase. As a second-time DUI offender, Klein faces at least 96 hours in a county jail, hefty fines, 18 to 30 months of alcohol education classes, and a two-year license suspension which, after one year, may be converted to a restricted license.

In addition, because Klein’s blood alcohol concentration (BAC) was reportedly “well over .20 and almost three times the legal limit”, the court will likely impose even harsher penalties. Possibilities include more jail time, an ankle bracelet that monitors Klein’s alcohol intake (known as the SCRAM device), and an ignition interlock device (IID) which won’t allow Klein to start his car unless and until he produces an alcohol-free breath sample.

For the most part, California DUI arrests are without incident. The police pull someone over, suspect that he/she has been drinking, conduct a DUI investigation, and make an arrest. But then there are those times where something’s just not quite right…the stop was due to illegal racial profiling, the cop used excessive force to arrest you, you were an innocent victim of police brutality.

Fortunately, even officers have to be held accountable for their actions…especially when those actions are despicable. When a cop violates your constitutional rights, you are entitled to relief under U.S. Code Section 1983. U.S. Code Section 1983 is civil relief, which means that the penalties are monetary. Offenders must pay fines…sometimes substantial fines…but they do not face incarceration.

However, if the incident that triggered the violation is also criminal in nature, an offender can face both civil fines and a criminal conviction. If you suspect that you or someone you know has been the victim of a civil rights violation, you should immediately consult with a California civil rights attorney.

Picture this. While out with some friends, you have a little too much to drink. You’re only a couple of miles from home, so you take the streets. But before you make it, the cops pull you over, suspecting that you’re DUI.

After conducting their investigation, the officers arrest you for DUI. Because the cops are going to impound your car, they inventory the contents first. In it, they find your unloaded handgun under the seat. And it turns out you’ve been pulled over in a school zone.

This means that you now face charges for DUI, carrying a concealed weapon, and violating Penal Code 626.9 PC California’s Gun-Free School Zone Act. Penal Code 626.9 PC California’s Gun-Free School Zone Act imposes a two to five-year state prison sentence in addition and consecutive to the penalties you receive for violating any other California firearm offense.

So what started out as a simple indiscretion…that is, the DUI…has now risen to the level of an aggravated weapons case. If you’re going to carry a gun—loaded or not—make sure you familiarize yourself with California’s many gun laws.