DUI Blogger

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

Bookmark:

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

Bookmark:

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

Bookmark:

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

Bookmark:

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

Bookmark:

Here’s a list of the California DUI sobriety checkpoints that are scheduled for this weekend. Unfortunately, some aren’t too specific, but if you check with the police/sheriff stations a couple of hours before the checkpoints are set to begin, you can usually find out more information about their specific locations.

The Santa Ana Police Department will operate its DUI checkpoint from 7:30pm until1am Friday night. They will be stopping cars in the area of 1000 N. Newhope St. near Rosita Park.

The San Bernardino County Sheriff’s Victorville station will conduct a DUI / license checkpoint on Friday from 7pm until 3am at an undisclosed location in Victorville.

The Escondido Police Department will conduct its DUI sobriety / driver’s license checkpoint Friday night between 6pm and 1am at an undisclosed location in the city. Weather permitting, all vehicles will be stopped.

The Oxnard Police Department will operate a DUI roadblock between 6pm and 2am on Friday at an undisclosed location.

Police will be conducting a sobriety / driver’s license checkpoint between 6pm and 2am on Friday at an undisclosed location in the city of Highland. Weather permitting, all vehicles will be checked.

Redlands Police will operate their DUI sobriety roadblock Saturday night from 10:30 to 3:30 in the southbound lane of Alabama Street between Park and Orange Avenues.

Remember, if you are pulled over for a DUI, whether on the road or at a California DUI sobriety checkpoint, please remain polite at all times, invoke your right to remain silent, and do not submit to any field sobriety tests.

…And, above all else, be safe!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , Field Sobriety Tests , News & Information

Bookmark:

California law enforcement officers have called 2010 the “year of the checkpoint”. What they really should have called it is “year of the cash cow”.

A recent report from the University of California at Berkeley found that in 2009, DUI checkpoints generated approximately $40 million in revenue…money which is split between local law enforcement agencies and their local towing companies. Why the towing companies, you ask?

Because DUI checkpoints aren’t really set up to catch drunk drivers…that’s just the pretext. Rarely do cops arrest even a handful of drunk drivers as a result of these roadblocks…and for that matter, it’s not even that uncommon for the police to close shop on a checkpoint without making any DUI arrests.

Who the police are really after are drivers who are driving on suspended/expired driver’s licenses and those driving without a license. When the police stop these individuals, they immediately impound the driver’s car for 30 days, which costs the driver between $1,000-$4,000 to get it back. That money is split between the city and the towing company who tows and stores the car.

Let’s look at the trend -- last year, about 24,000 cars were seized at California DUI checkpoints, up from just fewer than 18,000 in 2008 and just fewer than 16,000 in 2007. Just know that as long as we are suffering a budget crisis, these alleged DUI checkpoints aren’t going anywhere.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , Field Sobriety Tests , News & Information

Bookmark:

Although many people think that a DUI conviction necessarily means a jail sentence, that’s not always the case. In fact, there are a variety of penalties…penalties called “alternative sentencing”…that the judge can impose in lieu of jail.

One of the less well-known types of DUI alternative sentencing is the SCRAM device (Secure Continuous Remote Alcohol Monitor). The SCRAM device is a tamper-resistant ankle bracelet that tests the DUI offender’s sweat for alcohol concentration. This is done at least once an hour. Attempts to tamper with the SCRAM device are electronically reported to the regional monitoring center.

Some of the more common DUI alternative sentences include: community service, community labor (such as Cal-Trans roadside work), house arrest or electronic monitoring, and attendance at AA meetings.

It never hurts to ask for DUI alternative sentencing, and it always pays to have a DUI attorney who knows the most effective ways to convince the prosecutor and judge that these alternatives best serve the interests of justice.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , SCRAM Device

Bookmark:

Typically when you take a test, you at least have the opportunity to pass. DUI field sobriety “tests”, however, automatically set you up for failure.

Take, for example, the finger count DUI field sobriety test. This “test” supposedly tells a cop whether you’re too drunk to drive. While you’re engaged in this FST, the officer is evaluating everything you’re doing…everything you’re doing wrong, that is.

He’s not taking note of the fact that you’re actually doing things right. He’s been trained only to observe the bad…this is how he gathers evidence to prove that you were driving under the influence. And forget the fact that illness, fatigue, nerves, or countless other innocent factors could cause anything other than a stellar performance.

Let’s just call these field sobriety tests what they really are – “exercises to give officers more ammunition against you”. Doesn’t roll off the tongue quite as easily as the “finger count DUI field sobriety test” but it’s certainly a lot more accurate.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

Bookmark:

We recently explained that the Romberg balance DUI field sobriety test was not an FST at all, but rather a neurological test used by doctors to detect disorders. Well the same goes for the “finger to nose” DUI field sobriety test as well.

The “finger to nose” test is a neurological test, not an original FST. When performed in a doctor’s office, it is precisely administered and evaluated. When performed on the side of the road or in a police station, precision goes out the window.

Since it isn’t one of the National Highway Traffic Safety Administration’s “standardized” DUI field sobriety tests, there is no scientific data to support its use as a reliable FST. Officers are not only free to administer it as they wish, but are also free to evaluate a suspect’s performance as they wish.

Nerves, intimidation, and one’s personal coordination make this test…and, for that matter, pretty much all field sobriety tests…poor indicators of drug and/or alcohol impairment.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

Bookmark:

Many law enforcement agencies routinely include the Romberg balance DUI field sobriety test in their FST arsenal. The problem is that it was never intended to be used as a field sobriety test. As a result, it provides little if any indication as to whether an individual was, in fact, driving under the influence.

Originally developed by a 19th century ear doctor, Moritz Romberg, it is a neurological test designed to test someone’s balance. Today, doctors find it particularly useful in detecting multiple sclerosis, as well as a variety of other neurological and inner-ear disorders.

Somewhere along the road, police agencies decided to expand this test to apply it to drug and/or alcohol impairment. They also added a couple of requirements to the test: the DUI suspect must tilt his/her head back and estimate time (neither of which are necessarily indicative of impairment).

Furthermore, sober people who suffer from M.S., neurological problems, poor balance, or who have been injured will certainly experience difficulty “properly” performing this test.

These are just a few of the reasons why the results of a Romberg balance DUI field sobriety test should always be challenged.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

Bookmark:

Let’s first address the fact that the hand-pat DUI field sobriety test is not scientifically validated. Neither the National Highway Traffic Safety Administration (the national agency that issues police protocols for field sobriety testing), nor any other reputable agency has concluded that the hand-pat DUI field sobriety test is a good indicator of alcohol and/or drug impairment.

Despite this fact, it is a very common FST. Many law enforcement officers continue to administer this field sobriety, claiming that it helps them detect impairment. This, however, is nonsense.

During this test, the suspect essentially plays “patty cake” with him/herself while counting aloud. If the suspect counts too fast, he/she fails. If the suspect counts beyond “one, two, one, two” he/she fails. If the suspect becomes too nervous and flips his/her hands too quickly, he/she fails.

There are too many factors that make this so-called “test” unreliable. Nerves, intimidation, one’s natural coordination, and the fact that there is no uniform standard or consensus that the hand-pat FST is even applicable to detecting intoxication renders this test an easy one to challenge.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

Bookmark:

Just consider this a follow-up to yesterday’s blog “The Problems with the So-Called ‘Reliable’ DUI Walk-and-Turn Field Sobriety Test” as we turn to the even less reliable one leg stand.

Just like the walk-and-turn FST, the one leg stand DUI field sobriety test has its fair share of problems. In fact, they are the same problems as the walk-and-turn presents: (1) the accuracy rate (or should we say “inaccuracy” rate), and (2) it is an unfair test for a large percentage of the population. Let’s address these in order.

First, if precisely administered and evaluated according to the National Highway Traffic Safety Administration’s standards (which is rarely if ever the case), the one leg stand FST only has a 65% accuracy rate at determining alcohol and/or drug impairment.This means that at best, one out of every three people is falsely arrested for DUI based on this field sobriety test.

Second, people over 50, people who are overweight, those with physical injuries, and those wearing shoes with any type of heels will be unfairly disadvantaged by this “balance” test…a fact which is typically ignored by arresting officers who are committed to meeting their DUI quotas.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

Bookmark:

The walk-and-turn test is one of the National Highway Traffic Safety Administration’s “standardized” DUI field sobriety tests. This means that it is deemed “reliable” as an accurate measure of one’s alcohol and/or drug impairment. There are two problems with this.

The first problem is that the walk-and-turn DUI field sobriety test is only 68% accurate. Although...by DUI standards…this percentage is considered high, I can’t think of another scientific forum where a 68% accuracy rate would be considered even close to reliable. This basically means that one out of every three people is falsely arrested for DUI based on this field sobriety test.

The second problem with the walk-and-turn DUI field sobriety test is that there is a significant portion of our population that can’t perform this test well, even while sober. This includes people who are overweight, people over 60 years old, people who have suffered any type of injury, and those wearing shoes with heels over two inches high.

Unfortunately, these people are rarely, if ever, excused from taking this FST, adding to the inaccurate results of this so-called “reliable” DUI field sobriety test.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

Bookmark:

The horizontal gaze nystagmus test is one of the three “standardized” DUI field sobriety tests. This test (otherwise known as the HGN test) is actually an eye exam. Since most (if not all) police, sheriff, and other local law enforcement officers typically aren’t ophthalmologists…or, for that matter, any type of doctor…they really have no business administering this type of test.

The fact is that a large percentage of the population naturally displays nystagmus, which is nothing more than the “jerking” of the eye. This poses a significant problem, since, when present, officers believe that horizontal gaze nystagmus is an indicator of drug and/or alcohol impairment. Without medical training, it could be difficult to distinguish between naturally occurring horizontal gaze nystagmus with horizontal gaze nystagmus due to impairment.

Add to this the fact that when properly administered and evaluated, the HGN test is only 77% accurate. This means that about one in every four people will be falsely arrested for DUI based on this so called “reliable” field sobriety test.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests , Horizontal Gaze Nystagmus Test

Bookmark:

No doubt, Sunday’s Super Bowl yielded more DUI arrests than an ordinary Sunday would have. Even though California didn’t have a team playing in the big game, police were still on the lookout for people returning home from watching the game at parties and bars who appeared to be driving under the influence. But just because an individual unfortunately suffered a DUI arrest doesn’t mean he must accept a DUI charge.

Fighting a California DUI…any California DUI…is always worthwhile!

• Technical difficulties with the DUI breath or blood testing/analyzing equipment,
• physiological factors such as your diet and/or medical conditions, and even
• environmental factors such as radio frequency interference

can all adversely affect the accuracy of a DUI chemical test, which can result in a false high blood alcohol concentration (BAC) level.

This is just a very brief sample of why fighting a California DUI should never be overlooked. Don’t ever assume that just because you were arrested for DUI means that you have to be convicted of DUI…it’s simply not the case.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , News & Information

Bookmark:

Despite common misperception…due in large part to the fact that cops don’t often share this information…neither California nor Nevada DUI field sobriety tests or “FSTs” are mandatory tests. You have the absolute right to refuse to take these tests and most DUI defense attorneys will advise you to do just that.

This is because DUI field sobriety tests or “FSTs” are highly subjective, used by officers to determine that you are driving under the influence. The problem is that even the “scientifically validated” FSTs are only between 65-77% accurate at detecting alcohol and/or drug impairment. The remaining tests (which comprise the bulk of DUI field sobriety tests) have absolutely no data to support their reliability.

Even a teetotaler (someone who completely abstains from drinking alcohol) would likely “fail” the FST regimen, as officers can find fault with almost anyone’s performance on these “balance and coordination” tests.

So the bottom line is this…don’t help the police arrest you for DUI. If you politely refuse to submit to the FSTs, you are well within your rights to do so and will make it more difficult for the prosecution to prove that you were guilty of drunk driving.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

Bookmark:

In the March 2010 issue of Men’s Health, the magazine posted a list of America’s “drunkest” cities. Fresno leads the pack, and four other California cities (Riverside, Bakersfield, Modesto, and Sacramento) round out the top 20.

The poll was based on a number of factors:

1. the number of alcohol-related liver disease deaths,


2. the number of binge drinkers in each city,


3. each city’s DUI arrest rates,


4. the number of fatal alcohol-related accidents, and


5. how Mothers Against Drunk Driving rates each city.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , News & Information

Bookmark:

During a recent interview, an anonymous 20-year police veteran disclosed some “secrets” on catching drunk drivers. One of these related to observations about driving. “Some people hang on the white lines on the road in an attempt to drive straight. Others drive too aggressively, and many drive too cautiously or slowly. We’re trained to watch for all the obvious signs of drunk driving, and believe me, if you’re looking, it’s easy to spot someone who’s intoxicated.”

The problem with this is that DUI isn’t the only explanation for bad driving. Officer, please tell me which of those observations isn’t also indicative of a driver who is distracted? Who is tired? Who is in a rush? Who is young and reckless? Or who is simply just a good driver (referring to the observation about “cautious” driving)?

DUI isn’t the only explanation for bad driving, it’s just not. As a Los Angeles DUI defense lawyer, I’ve come across plenty of California Highway Patrol Officers, LAPD, and other local cops who still subscribe to this way of thinking…and every time I still love cross-examining them on this very issue, enjoying the immense satisfaction when they concede my point.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Medical DUI Defenses , News & Information

Bookmark:

Early Sunday morning, a Rochester woman allegedly rolled her car, hit a mailbox, and then drove away. Police later arrested her back at her apartment for leaving the scene of an accident and DUI. The police wouldn’t say why they suspected that the woman was guilty of drunk driving.

And therein lies the problem. Unless this woman told the cops she had been drinking prior to the accident…and not just drinking, but drinking to the point of intoxication…the police had no business arresting her for DUI.

In all states, the crime is driving under the influence. This means that unless the cops can prove that the woman was drunk before the accident, she must be acquitted of the DUI charge. As a Los Angeles DUI defense attorney, I encounter this problem on a regular basis. People have accidents (especially hit and runs), get nervous, go home, and start drinking.

Clues from the accident lead the police to the suspect…who is by then oftentimes drunk…when the police then jump to the conclusion that the individual must have been drinking prior to the accident. This assumption frequently results in a false DUI arrest and wrongful DUI charges for the suspect.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI

Bookmark:

Last month authorities arrested a Philadelphia man for his eighth DUI after he killed a man and seriously injured the man’s wife and daughter while driving his car on the wrong side of the highway. He reportedly had a blood alcohol concentration (BAC) of .229 at the time.

The man was indicted on charges of aggravated manslaughter. Lucky for him, he wasn’t driving in California at the time, or he surely would have been charged with murder.

This is because California courts permit prosecutors to convict repeat DUI offenders for second degree murder under certain circumstances. Known as “Watson” murder or DUI second degree murder, this charge is alleged when prosecutors believe that an individual has special knowledge about the dangers of drinking and driving…and knowingly acts with disregard for that fact.

In theory, these charges could be filed against an individual who suffered at least one prior DUI. The fact that this man was involved in seven prior DUI incidents would surely make him a candidate for this charge.

Unlike typical California DUI manslaughter charges, “Watson” murder or DUI second degree murder charges carry a potential lifetime prison sentence.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Second Degree Murder

Bookmark:

Former USC linebacker Rey Maualuga was arrested over the weekend for DUI. He reportedly blew a .157 on the breathalyzer, over twice the legal limit. He was stopped after allegedly hitting a parking meter and two parked cars.

While there’s nothing particularly noteworthy about these facts, it brings up an important point. If you find yourself in the unfortunate position of ever hitting a parking meter, bus bench, or other public property, you must report the incident or face possible charges for Vehicle Code 20002 hit and run.

California Vehicle Code 20002 hit and run charges may be filed anytime you hit public property and don’t immediately report the incident to your local law enforcement agency. You don’t have to leave a note like you would if you hit private property (someone’s car, for example), but you must inform the police.

While the details surrounding Maualuga’s arrest are somewhat scarce, we do know that he was charged with DUI and reckless driving. We can assume that he was either witnessed hitting the meter and cars or that he stopped after doing so, since he wasn’t additionally charged with a hit and run.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , DUI Accidents , DUI Expungement , DUI Legislation , Hit & Run , News & Information

Bookmark:

Adrian Pasdar, one of the stars of the show “Heroes” was arrested early Wednesday morning on suspicion of DUI. Although he refused to submit to a chemical blood or breath test, he allegedly smelled of alcohol, “failed” his field sobriety tests (FSTs), and was driving erratically. Because of these facts, Pasdar faces increased California DUI penalties.

The California Highway Patrol observed Pasdar on the 405 San Diego Freeway driving over 90 miles per hour and straddling two lanes. When they pulled him over, they smelled the alcohol within the car.

If Los Angeles Prosecutors convict Pasdar of DUI, he will likely face at least 96 hours in a county jail. This is because factors such as excessive speed and refusing to submit to a blood or breath test are considered aggravating circumstances. Each aggravating circumstance typically results in a minimum 48-hour jail sentence in addition to whatever other DUI penalties are imposed.

As a practical matter, DUI defense attorneys oftentimes are able to negotiate DUI diversion sentences that eliminate these jail requirements.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI

Bookmark:

Late last week, police arrested a Tennessee man for his third DUI. While there’s nothing particularly noteworthy about that, what is interesting is that he was driving home from DUI school at the time.

DUI school (otherwise referred to as alcohol and drug education programs) are required when an individual is convicted of DUI charges. It is supposed to educate participants on the dangers of drinking and driving.

In California, these DUI schools range in length from 12 hours to 30 months, depending on:

1. how many DUIs you have suffered within a ten-year period, and


2. whether your blood alcohol concentration (BAC) was particularly high (California considers a .20 an “aggravating” factor that increases the length of the DUI program).

Many argue that DUI school is a waste of time…that true alcoholics need more help than DUI school offers and that even first-time offenders don’t always take the classes seriously. If the instructor realizes that you are under the influence during the class, he/she will excuse you from the program and violate your probation.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI School

Bookmark:

As a Los Angeles DUI defense attorney, people frequently ask me the following question: If I’m stopped for DUI, should I take a blood/breath test or refuse to do so? And here’s how I respond: It depends.

If you can live without your driver’s license for a year, then politely refusing to submit to a chemical blood or breath test is a good choice. I say this because the California DMV will automatically suspend your driver’s license for a minimum of one year (more if it’s your second or subsequent DUI arrest) if you refuse to submit to a blood/breath test.

But if you can suffer that consequence because either (1) you can rely on friends/family to drive you, or (2) have a good public transportation system, prosecutors have a difficult time proving refusal cases. Often times the arresting officer can’t articulate exactly why he/she believed you were DUI. And even when he/she can, a good drunk driving defense lawyer can usually challenge those observations.

If you can’t give up your driving privilege, then take a test…but only at the station, not a hand-held test in the field. And opt for the breath test, as it’s much easier to effectively dispute the accuracy of breath test results over blood test results.

Hope this helps!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences , Field Sobriety Tests

Bookmark:

Since California has designated 2010 the “year of the DUI checkpoint”, California DUI arrests will undoubtedly be on the rise. And with DUI arrests come DMV driver’s license suspensions. This is a friendly reminder that you only have ten days to request a DMV DUI hearing in order to keep your driver’s license.

When you are arrested, the cop takes your driver’s license and replaces it with a pink paper. This pink paper acts as a temporary driver’s license, valid for 30 days beyond your arrest. Your driver’s license will automatically be suspended at that time if you don’t request a California DMV DUI hearing.

You only have ten days from the date of your drunk driving arrest to request this hearing. If you contact the DMV within this timeframe, your suspension will be postponed until your hearing. Typically your California DUI defense attorney will represent you at this hearing to explain to the DMV hearing officer why you were falsely arrested for DUI…and therefore should have your driving privilege reinstated.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DMV Hearing , DUI , DUI Consequences

Bookmark:

Here are a few of this weekend’s upcoming California DUI sobriety checkpoints that have already been publicized:

The Los Angeles Police Department will operate a DUI checkpoint on Saturday, January 23rd between 6:00pm and 1:00am on Manchester Avenue between Hoover and Figueroa Streets.

The Placentia Police Department will conduct a sobriety checkpoint on Saturday, January 23rd from 6:00pm until 1:00am. Placentia P.D. have announced that they will arrest drivers who are DUI and that unlicensed drivers’ cars will be impounded for 30 days.

Continue reading "California DUI Sobriety Checkpoint Schedule: 1/22-1/24" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , News & Information

Bookmark:

California DUI sobriety checkpoints aren’t “criminal investigations”, they’re simply tools to help deter drunk drivers…at least that’s what the California Supreme Court said when it held that sobriety checkpoints are legal despite the fact that people are being stopped without probable cause.

The court got around that issue by requiring that California DUI checkpoints must adhere to certain guidelines in order to be legally valid. One of the guidelines that regulate these California DUI checkpoints is that their location be publicly advertised.

Why then are the police so upset that people are “tweeting” and “texting” each other to spread the word about a checkpoint’s location? Public awareness is, after all, important in “deterring” DUIs…

Continue reading "The Outrageous Hypocrisy behind DUI Sobriety Checkpoints" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , News & Information

Bookmark:

In an effort to combat underage drinking and DUI, Arizona will set up DUI sobriety checkpoints to target underage drinkers returning from Mexico. If successful, other states will no doubt quickly follow suit. The legal drinking age is 18 in Mexico, although local establishments rarely, if ever, ask for anyone’s ID. This makes cities like Tijuana, Mexicali, Tecate, and Juarez popular hangouts for the “under 21” American crowd.

Teens from California, Arizona, Texas, and New Mexico frequent these Mexican cities to party, drink, and then drive home. If caught driving, these underage drinkers face a variety of penalties.

Continue reading "State Agencies Step Up Underage DUI Enforcement" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , Underage DUI

Bookmark:

And we’re not talking about any ordinary cop…we’re talking a DUI / sobriety checkpoint officer and a trained drug recognition expert. And to top it off, he had an open container of alcohol in his car. Does the old adage “do as I say, not as I do” come to mind?

Officers discovered Officer John Quigg (a 24-year veteran with the Pennsylvania Police Department) slumped over and unresponsive after he crashed his car into a pole last month. He was off-duty at the time and driving his personal car. Quigg was placed on administrative leave following the accident.

Quigg’s attorney made a statement that Quigg was very stressed, “dealing with the senseless loss of lives and limbs in a recent rash of fatal crashes”. While I can imagine that he could absolutely feel that way, becoming part of the problem is hardly the answer. And even more disturbing is the fact that his personal stress is supposed to draw sympathy for someone who clearly knew first-hand how destructive his behavior could be. I would love to know how many DUI suspects he released instead of arrested based on their stress levels…as a Los Angeles DUI defense attorney I can guess the answer is pretty close to none…shameless, isn’t it?

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI

Bookmark:

Having declared 2010 “the year of the checkpoint”, California law enforcement agencies will no doubt be on the lookout for DUIs. Coming off of a holiday DUI crackdown that included over 300 DUI sobriety checkpoints and DUI saturation patrols, California drunk driving arrests are up.

And, unfortunately, along with DUI arrests come DUI pleas. Naïve individuals plead guilty at the outset, assuming that just because their blood alcohol concentration (BAC) was above the legal limit means that they are guilty of DUI. THAT IS NOT NECESSARILY THE CASE!!!

DUI breath tests…the most popular California DUI chemical test…are by no means always reliable or trustworthy. DUI breath testing instruments are frequently plagued by error, which can result in completely inaccurate readings. Human error with respect to the instrument’s operation…physiological errors that the breath testing machines aren’t sophisticated enough to recognize…environmental errors that contaminate BAC results… the list goes on and on.

Continue reading "Don't Let the Numbers Fool You..." »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , News & Information

Bookmark:

One of 2010’s new California driving laws relates to television and broadcast signals. Known as California Assembly Bill 62, this law allows you to drive with a television or video monitor as long as the equipment prevents the driver from watching the screen while operating the car in “a safe and reasonable manner”.

However, automakers and high-tech companies are about to introduce their newest developments…like 10-inch screens above the gearshift showing high-definition videos, 3-D maps, and Web pages directly to the driver. These “infotainment systems” will hit the market this year and are expected to be “standard” features before long.

So how will California’s new law jive with this new technology? In all honesty, probably in a slew of tickets and an increase in accidents. As people crave technology…and ignore laws such as driving while holding a cell phone or “driving while texting”…public safety is frequently compromised.

Continue reading "Mixing California's New Driving Law and Technology: A Recipe for Disaster" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , News & Information

Bookmark:

As 2010 begins, California drivers face a new set of laws. There are two that deal specifically with California DUI law.

The first relates to California ignition interlock devices (“IIDs”). Ignition interlock devices are mini-breathalyzer instruments that prevent your car from operating unless and until you provide an alcohol-free breath sample.

As of July 1, 2010, any driver convicted of a DUI…even a first offense…must install an IID on his/her car in order to obtain a restricted California driver’s license (“restricted” licenses are discussed below). This law is a “pilot program” that will only be enforced in Los Angeles, Sacramento, Alameda, and Tulare.

Continue reading "New California Driving Laws for 2010" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

Bookmark:

A 21-year old Temecula woman was arrested for DUI early Sunday morning after she overturned her vehicle, injuring her passenger. He reportedly suffered moderate to major injuries.

Depending on what the California Highway Patrol investigation reveals, prosecutors could charge the woman under Vehicle Code 23152 driving under the influence or Vehicle Code 23153 driving under the influence causing injury.

If the accident occurred as any “typical” accident would…and the driver just happened to be DUI at the time…prosecutors will most likely charge her with a non-injury DUI. Even if this is the case, she will likely face a sentencing enhancement for injuring her passenger.

Continue reading "San Diego Woman Arrested for DUI Following Crash" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Legislation

Bookmark:

A Lawndale man is wanted on suspicion of DUI and a fatal hit and run that took place this past weekend. The Los Angeles Times reported that after hitting a big rig on the 10 freeway, the driver of a BMW fled on foot, leaving his 20-year-old passenger to die, and another passenger and the driver of the truck to deal with their moderate injuries.

The L.A. Times didn’t include facts to explain why the California Highway Patrol suspected the driver of DUI. But if the CHP’s suspicion is confirmed, the driver not only faces felony hit and run charges…which subject him to up to four years in the state prison and a fine of up to $10,000…but to Penal Code 191.5 PC “vehicular manslaughter while intoxicated” charges as well.

Continue reading "Los Angeles Man Wanted for Fatal Hit and Run Following DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Legislation , Vehicular Manslaughter

Bookmark:

As a Los Angeles DUI defense attorney, people frequently ask me if it’s worth fighting a DUI charge if their BAC was above the legal limit…and my answer is always a resounding YES!!!

Just because a California DUI blood, breath, or even urine test reports that your blood alcohol concentration (BAC) is 0.08% or above doesn’t mean that it actually was. There are a variety of factors, such as machine failure, procedural errors, physiological issues, and even outside environmental influences that can all contaminate blood, breath, or urine samples. And the fact of the matter is that each one of these factors can result in a falsely high BAC level.

So if you have the misfortune of being popped for a DUI over the holiday weekend as a part of the California DUI “saturation” patrol, don’t despair…all hope is not lost! And so I repeat…regardless of how high your reported BAC is, your DUI charge is ALWAYS worth fighting.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Blood Testing

Bookmark:

As the holiday California DUI crackdown comes to an end, here is a list of the California DUI sobriety / driver’s license checkpoints scheduled to take place tonight and over the weekend.

New Year’s Eve:

• The LAPD will be operating DUI roadblocks in Hollywood at Hollywood Blvd. and Las Palmas Ave. from 8:00pm until 3:00am and in North Hollywood at Lankershim Blvd. and Chandler Blvd. beginning at 5:30pm.


• The CHP will be conducting DUI checkpoints in Winterhaven in an unincorporated area of Imperial County between 2:30pm and 10:30pm and in the Woodcrest area from 8:00pm until 2:00am. The CHP will also be operating checkpoints in Santa Maria at undisclosed locations and times tonight, Friday night, and Saturday night.


• The Porterville P.D. will conduct two to three sobriety checkpoints in the city at undisclosed locations and times.


• San Francisco Bay area law enforcement agencies are teaming up to operate DUI sobriety / license checkpoints in the cities of Alameda, Hayward, Newark, San Leandro, and Union City beginning tonight and running through January 3rd. They have also announced that they will have increased DUI patrols around the Oakland Coliseum on January 3rd, when the Oakland Raiders host the Baltimore Ravens.

Friday, January 1, 2010:

• The LAPD will operate its DUI roadblock in Los Angeles at South Figueroa St. between 8th and 9th Street from 6:00pm until 1:00am.


• The CHP will conduct its sobriety checkpoint in the unincorporated area of Santa Barbara in the South County from 8:00pm until 2:00am.


• The Lompoc P.D. will operate a DUI checkpoint from 6:00pm until midnight with the city limits.


• The Seal Beach P.D. will operate a DUI sobriety checkpoint in the south end of the city, beginning at 8:00pm.


• The Suisun City P.D. will conduct its sobriety checkpoint on southbound Sunset Ave. between Railroad Ave. and Pintail Dr. from 7:00pm until midnight.

Continue reading "California DUI Sobriety Checkpoint Schedule -- New Year's Eve Weekend" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , Field Sobriety Tests , News & Information

Bookmark:

In another amazing affront to our country’s bedrock principle “innocent until proven guilty”, the Texas District Attorney is now posting DUI arrestees on Twitter. It’s not as if he’s posting the names of those convicted of DUI on the popular on-line social network, but he’s actually posting the names of those who have only been arrested for the charge. Well that seems fair…I mean, as a California DUI defense attorney, I never see anyone get falsely arrested for driving under the influence. HA!

Unfortunately, it’s not at all uncommon for the police to falsely accuse and wrongly arrest those they suspect of drunk driving. There are a wide variety of DUI defenses that exonerate those who the police arrest. In fact, I can think of at least 20 California DUI defenses just off the top of my head. These defenses effectively challenge officer’s observations, DUI chemical blood and breath test results, field sobriety tests (“FSTs”)…EVERY aspect of a DUI investigation and arrest.

Although publicly humiliating those arrested for DUI isn’t a new or novel concept, it invites severe repercussions for those who are falsely accused. But since when has that been a prosecutor’s concern…

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , News & Information

Bookmark:

The California Highway Patrol reported that it made 71 DUI arrests in Los Angeles County over the holiday weekend. And although this was more than double the number last year, there were no deaths reported.

Keep in mind these statistics are just for L.A. County…just for DUI arrests that the CHP made…and just from Christmas Eve. Statewide, the number of DUI arrests was in the high hundreds. And for the holiday period beginning December 18th until Christmas Day, the number of California DUI arrests was in the thousands.

For the last few weeks, California law enforcement agencies have been warning motorists that they would be conducting California DUI “saturation” patrols and would operate an increased number of DUI sobriety checkpoints. With all the grants that have been pouring into these agencies to combat drunk driving, police better respond with arrests.

Continue reading "Number of California DUI Arrests Up for 2009 Holiday Season" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , News & Information

Bookmark:

Because the holiday season results in an increased number of California DUI arrests, I thought I’d take this opportunity to remind you how the California DUI court process works in the unfortunate event that you are arrested for a DUI.

After the arrest, your first court date will be your arraignment. This is your first opportunity to plead not guilty and to obtain a copy of the police report. If you are charged with misdemeanor DUI, you don’t even need to appear in court, as your California DUI defense attorney can appear on your behalf.

Following the arraignment, there will be a series of pre-trial motions and hearings. It is during this time…which can last as long as several months…where you will receive more of the prosecution’s evidence, which is critical when trying to resolve your case during DUI plea bargaining.

Continue reading "Understanding the California DUI Court Process" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences

Bookmark:

As Christmas and the end of the holiday season approaches, we’d like to provide you with an end-of-the-year California DUI sobriety checkpoint schedule. The following DUI / driver’s license roadblocks are set to take place over the next week. Here’s as much information as we know.

There will be a DUI / driver’s license checkpoint on Friday in the city of Pomona.

On Saturday, December 26th, the following cities will conduct DUI / license checkpoints:
Redwood City - Baldwin Park - El Monte – Palmdale – Azusa – Lancaster – Altadena - Antelope Valley - LAPD Central Traffic, Harbor, and Southwest Divisions

The LAPD will operate a sobriety / license checkpoint from 8:00pm until 3:00am Sunday morning on Crenshaw Blvd. between Coliseum St. and West 39th St.

On Sunday, December 27th, the following cities will operate sobriety / license checkpoints:
San Francisco - Huntington Park - Lennox

Because California DUI laws provide that DUI checkpoints must give the public advance notice of an upcoming sobriety checkpoint, you can contact your local police, sheriff, or CHP office to try to find out more details about these listed DUI checkpoints.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI

Bookmark:

After actually being convicted of a DUI, Jaimil Choudhry is now pleading guilty to a reduced charge. Before he was sentenced, Choudhry’s DUI defense attorney and the prosecutor decided to dismiss the DUI and instead to let Choudhry plead guilty to reckless driving. Why?

Because Choudhry’s attorney convinced the prosecutor that Choudhry, who is 5’10” and 230 pounds…which is technically “obese”…couldn’t properly perform his field sobriety tests. The defense team maintained that it was nearly impossible for Choudhry to stand on one foot due to his weight.

Continue reading "Man Uses His Obesity as a DUI Defense" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Medical DUI Defenses

Bookmark:

Last week, California law enforcement officials launched their holiday crackdown on DUIs. The California Holiday Crackdown Campaign will operate over 300 California DUI sobriety checkpoints this holiday season through January 3, 2010. The campaign began on December 16, 2009 and is funded by a record $8 million in grants.

Local law enforcement agencies throughout the state are participating in the program in an effort to get drunk drivers off the road. However, the fact is that these checkpoints are very expensive to operate, pull a large number of officers off the streets, and typically only result in a few arrests.

California law enforcement officers have declared 2010 “the year of the checkpoint”. As a result, don’t be surprised if you run into more DUI roadblocks than you are used to. But keep in mind that California DUI sobriety checkpoints must adhere to very strict procedures. If they don’t, any arrests…and subsequent charges made in connection with an unlawful checkpoint must be dismissed.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , News & Information

Bookmark:

With the holiday season underway, one thing is certain…the number of California DUIs will increase. If you find yourself in the unfortunate position of being arrested for drunk driving, it’s important to understand that pleading guilty to the charge or securing an acquittal are not the only two options. Oftentimes it may be in your best interest to try to negotiate for a reduced California DUI charge.

There are three general California DUI charge reductions. The first…and most common…is what’s known as a wet reckless. A “wet reckless” under Vehicle Code 23103 per 23103.5 VC offers less jail time, a shorter probation period, a shorter DUI school, and doesn’t require a mandatory driver’s license suspension.

Continue reading "Understanding California DUI Reductions" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Legislation , DUI Reductions , Plea Bargaining

Bookmark:

Kenneth Aragon, a 19-year veteran of the LAPD died earlier this month when he crashed his motorcycle after drinking at the police academy bar. Although the department wouldn’t release his exact blood alcohol concentration level, a Los Angeles Police Department spokesman said it was “well over the legal limit” of a California DUI.

The accident followed “payday Wednesday”…an unofficial but regular event held every other week to celebrate officer’s latest paychecks. This decades-old tradition has always been an allegedly rowdy event, involving drunk officers.

Department officials are evaluating this tradition, wondering if the bartenders that work at the academy are plying officers with too much to drink. Are you kidding me?

Continue reading "Cop Killed in DUI After Drinking at Academy Bar" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , News & Information

Bookmark:

As the holidays approach…with holiday parties already underway…California law enforcement agencies are stepping up their DUI patrols. This includes increasing the number of California DUI sobriety checkpoints that are on the road.

We know of at least three Southern California DUI sobriety roadblocks that are scheduled for this weekend. These include:

An LAPD DUI / driver’s license checkpoint that will operate on West Slauson Avenue between the 110 Freeway and South Broadway in Los Angeles. This sobriety checkpoint will be operated from 8:00pm on Friday to 3:00am on Saturday.

Continue reading "December 11-13th California DUI Sobriety Checkpoints" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , News & Information

Bookmark:

Two men (ages 21 and 24) pleaded guilty to charges under Penal Code 191.5a gross vehicular manslaughter while intoxicated last Friday in Pomona, California. The charges stem from an incident when a female passenger was killed last year when one of the men lost control of his car while they were street racing. Each man faces ten years in the California State Prison.

What distinguishes Penal Code 191.5a gross vehicular manslaughter while intoxicated from Penal Code 191.5b “ordinary” vehicular manslaughter while intoxicated is the level of culpability.

If the men hadn’t been racing…but were guilty of DUI and had an accident that caused the woman’s death…they could have alternatively been charged with DUI with injury or ordinary vehicular manslaughter while intoxicated. Both of these charges are “wobblers” which means prosecutors have the discretion to charge the offenses as either misdemeanors or felonies.

Continue reading "Southern California Men Plead Guilty to Gross Vehicular Manslaughter while Intoxicated" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , DUI Legislation , Exhibition of Speed , Felony DUI , Vehicular Manslaughter

Bookmark:

There are at least four California DUI sobriety / driver’s license checkpoints scheduled for this weekend. Here is what we know:

The San Bernardino Police Department will conduct its sobriety / license roadblock from 6:00pm tonight until 2:00am Saturday morning at the intersection of Baseline Rd. and Medical Center Dr.

The Rancho Cordova Police Department will operate its DUI sobriety checkpoint from 8:00pm tonight until 2:00am Saturday morning at an undisclosed location in the city of Rancho Cordova.

The Lake Elsinore Police Department will conduct a sobriety / license checkpoint from 6:00pm until midnight tonight at an undisclosed location in the city of Lake Elsinore.

The Oakland Police Department will operate a drunk driving / driver’s license checkpoint from 6:00pm tonight until 2:00am Saturday morning at an undisclosed intersection in the city of Oakland.

If you encounter a California DUI sobriety / driver’s license checkpoint…and have been drinking…always be polite, respectfully decline to answer any questions, respectfully decline to take any field sobriety tests, and respectfully decline the mini handheld breathalyzer test…following these steps is your best bet when it comes to fighting a California DUI.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , Field Sobriety Tests

Bookmark:

Defensive superstar Carlos Dunlap of the Florida Gators was arrested for DUI early yesterday. Police approached his car when it was stopped at an intersection while he had a green light. Dunlap was allegedly found asleep, slumped over his steering wheel. As expected, the police reported that he failed his field sobriety tests. He also reportedly refused to submit to a chemical DUI blood or breath test.

At first glance, the “evidence” against Dunlap looks pretty bad. However, DUI charges are always worth fighting! Maybe he was suffering from a medical condition that caused him to pass out behind the wheel…maybe he was fatigued from practice which is why he “failed” his FSTs…maybe he was, in fact, DUI but the officers didn’t follow the proper legal procedures…procedures that compromised the integrity of the entire DUI case.

Continue reading "Florida Gators Carlos Dunlap Arrested for DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , Chemical Test Refusal , DUI , DUI Consequences

Bookmark:

As if California DUI laws weren’t strict enough, commercial drivers face an even harsher set of drunk driving laws. Commercial drivers who are arrested for a California DUI not only risk a one-year suspension of their commercial driver’s license for a DUI, but possibly a lifetime suspension as well…even if the DUI wasn’t while the driver was driving a commercial vehicle.

California Vehicle Code 23152d prohibits an individual from driving a commercial vehicle with a BAC of 0.04% or greater. Commercial drivers are subject to this law, to the California DUI statutes that apply to the general population…that is, Vehicle Code 23152a driving under the influence and Vehicle Code 23152b driving with a BAC of 0.08% or greater…and the law preventing an individual from refusing to submit to a California chemical DUI blood or breath test.

While a commercial driver faces the same general DUI penalties as anyone else, he/she faces an even greater driver’s license restriction. For a first DUI offense, he/she faces a one-year commercial driver’s license suspension. For a second offense, he/she faces a lifetime commercial driver’s license suspension. Such a suspension will obviously have a huge impact on a commercial driver’s ability to earn a living.

Continue reading "Commercial Drivers Face Tougher California DUI Laws" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Commercial Licenses , DUI , DUI Consequences , DUI Legislation

Bookmark:

Over the weekend, Oahu started a new program. All those arrested for DUI in Oahu will have their “mugshots” publicly displayed on the Honolulu Police Department’s website. This project is a first of its kind for those who have only been arrested for DUI…and another example of how those arrested for DUI are afforded less constitutional protection than those arrested for other offenses.

As a Los Angeles DUI defense attorney, I find it horrifying, yet all too believable that this is happening. I know of no other crime where we take people who have been arrested for a crime and treat them as if they’ve been convicted of the offense.

Why is public humiliation okay for an individual who has only been arrested for DUI…a crime which, I might add, is frequently wrongly charged? Who, other than MADD…the program’s number one proponent…could possibly think that this is a good idea?

There is no evidence that this type of punishment serves as a deterrent. There is, however, evidence that this type of treatment is simply another example of how DUI suspects aren’t presumed innocent until proven guilty, but are presumed guilty until proven otherwise.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , News & Information

Bookmark:

Officers will be participating in extra DUI patrols this holiday weekend. Don’t be surprised if you even run into a California DUI sobriety / driver’s license checkpoint as part of the state’s crackdown on driving under the influence.

As of now, there are at least three advertised California DUI sobriety / driver’s license checkpoints scheduled for this weekend.

On Friday, the California Highway Patrol and the El Dorado County Sheriff’s Department are teaming up to conduct a sobriety checkpoint on Friday somewhere on U.S. Highway 50 in Meyers. Traffic permitting, officers’ plan on stopping every vehicle that passes through the DUI roadblock.

Continue reading "Thanksgiving Weekend California DUI Sobriety Checkpoints" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , DUI Consequences , News & Information

Bookmark:

With every holiday comes increased California DUI patrols. Law enforcement beefs-up its patrol units to ensure that extra officers are visible to the public…both as a way of discouraging people from drinking and driving and to arrest those who they believe are DUI.

If you find yourself in the unfortunate position of being stopped for a California DUI investigation, try to keep the following tips in mind…they won’t necessarily get you out of a DUI arrest, but they will make it more difficult for the prosecution to convict you of DUI.

1. Be polite and respectful to the officer, no matter what.
2. Politely refuse the field sobriety tests (FSTs). Contrary to popular belief, these tests are not mandatory and rarely, if ever, help a DUI suspect.
3. Politely refuse to submit to a preliminary alcohol screening (PAS) test. Similar to FSTs, a PAS test is voluntary…unless you are under 21 or are currently on probation for a California DUI.
4. Do submit to a chemical DUI blood or breath test after you have been arrested…unless you don’t mind losing your California driver’s license for a minimum of one-year and spending at least 48 hours in a county jail. And finally,
5. Exercise your Constitutional right to remain silent. Although it’s contrary to human nature not to try to defend oneself, please resist all temptation to do so. Any statements you make can and will be used against you to incriminate you and/or attack your credibility.

Be safe everyone. Happy Thanksgiving!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences , News & Information

Bookmark:

Late Thursday night, early Friday morning, Alexandra Kerry (Sen. John Kerry’s 36-year old daughter) was arrested for DUI in Hollywood.

Kerry was reportedly pulled over because of expired registration tags. L.A.P.D. officers suspected her of driving under the influence and conducted a DUI investigation. After refusing an on-scene breathalyzer test (commonly known as a PAS test) and allegedly “failing” her FSTs, Kerry was arrested and booked into the Hollywood police station. Kerry then submitted to a DUI chemical blood test, the result of which revealed a BAC of 0.06%...0.02% lower than California’s illegal limit of 0.08%.

Although Kerry could technically face a charge for Vehicle Code 23152(a) which prohibits driving under the influence regardless of what her BAC was, it is more likely that the case will be dismissed or plea bargained down to a lesser charge.

Continue reading "Sen. John Kerry's Daughter Arrested for DUI Despite 0.06% BAC" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , DUI Consequences , DUI Legislation , Field Sobriety Tests , News & Information

Bookmark:

Scott Caulfield faces up to fifteen-years in state prison and up to $100,000 in fines for felony charges of possessing a controlled substance and misdemeanor DUI…charges that were based on an anonymous caller’s tip.

The caller reported that Caulfield almost hit her and her husband head-on, causing them to swerve into a ditch to avoid the accident. The caller provided a description of Caulfield’s car as well as his location. With that, officers stopped Caulfield’s car and began a DUI investigation.

This type of investigation seems to go against the reasonable suspicion or probable cause standard that police must otherwise follow before they can initiate a traffic stop. The United States Supreme Court held long ago in Terry v. Ohio that an officer’s “good faith or inarticulate hunches” simply aren’t enough.

Continue reading "Anonymous DUI Tip Could Result in a 15-Year Sentence" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI Legislation , DUI Stop Probable Cause , News & Information

Bookmark:

This weekend, there are at least four California DUI sobriety and driver’s license checkpoints scheduled to take place.

Typically, cops need a reasonable suspicion or probable cause before they can initiate a traffic stop. In order to get around this strict legal requirement, courts have classified DUI roadblock investigations as “administrative” rather than criminal.

Although our government is generally doing a good job of depriving suspected DUI drivers of their rights, sobriety checkpoints actually have quite a few legal rules that must be followed in order for any of their arrests to be upheld.

Because of this fact, it is critical for you or anyone you know who has been arrested at a DUI checkpoint to consult with a California DUI defense attorney. Unless a checkpoint strictly complies with the legal requirements imposed upon it, any DUI charges will have to be dismissed as unlawful.

Continue reading "Southern California DUI Sobriety Checkpoint Schedule for 11/20 & 11/21" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI

Bookmark:

It actually depends. Unless there is “pronounced weaving” for a “substantial” distance, witnesses by a “seasoned” officer, the answer will be no. Good news for many California DUI suspects.

This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes. This, the police believe, is a DUI cue, warranting further investigation.

But courts have held that this does not rise to the level of probable cause that is necessary to pull a driver over for suspected California DUI charges. “Probable cause” means a reasonable belief that criminal activity is or was taking place. With respect to driving, it means that the officer reasonably believes that a driver is or has committed a traffic infraction or violation.

Continue reading "Weaving within a Lane -- Probable Cause for a DUI Stop?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Stop Probable Cause

Bookmark:

Texas…one of the states that currently permits officers to perform forced blood draws in DUI refusal cases…has become even more aggressive with respect to its alleged DUI offenders.

The state used to permit officers to perform warrantless DUI blood draws when someone was seriously injured by the suspected DUI driver. Now police are authorized to perform these warrantless DUI blood draws when there is a DUI chemical test refusal and in any of the following cases:

1. Someone was injured severely enough that they required immediate medical attention


2. There was a child in the car


3. It was the suspect’s third DUI.

This is just another example of how this nation is becoming more of a police-state with respect to driving under the influence. It’s one thing to toughen the laws for convicted repeat offenders (a policy that I’m not advocating, by the way), but to toughen the laws with respect to those who have only allegedly violated the law is inexcusable.

Continue reading "Texas Police Expanding Forced Blood Draws" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences

Bookmark:

Shayne Lamas, the former “Bachelor” winner and star of the new reality series “Leave it to Lamas” was arrested Saturday night at a DUI checkpoint in Venice, California. Shortly thereafter, she personally issued the following statement-

"Early Saturday morning, after consuming one drink, I willingly drove through a mandatory check point on my way home with complete confidence of passing. However, the breathalyzer indicated that I was over the legal limit of blood alcohol content and was arrested onsite."

What is the lesson here? As any California DUI defense attorney will tell you, don’t ever make any unnecessary statements...ever! In fact, this is one of the most important tips to reduce the likelihood of a California DUI conviction.

The reason that this is so important is because any statements that you make can and will be used against you…the prosecution will make sure of it. While Lamas’s statements seem innocent enough, they will undoubtedly be used to impeach her credibility during DUI plea bargaining or at trial.

Continue reading "Reality Series Actress Shayne Lamas Arrested at California DUI Checkpoint" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , Checkpoints , DUI , DUI Consequences , News & Information

Bookmark:

42-year-old Youn Lee will be sentenced on December 7, 2009 for California Vehicle Code 191.5a gross vehicular manslaughter while intoxicated. The sentence is based on a fatal hit and run DUI that Lee was involved in more than 4 years ago. He plead guilty to the charge on Tuesday.

Lee reportedly crashed his SUV into the center median of the 55 freeway in Santa Ana on October 18, 2005. Lee’s headlights were not on when 23-year-old Ryan Cook rear-ended him on his motorcycle. Cook was then thrown off his motorcycle where he was run over by several other vehicles. Lee left the scene before the police arrived.

The next morning, Lee, who was an executive at Hyundai, met with general counsel at Hyundai Motor America. After the meeting, he was driven to LAX by a colleague and supervisor where he flew to South Korea, leaving his wife and young child behind.

The Orange County District Attorney’s office filed charges against Lee in April 2007. In September 2008, the D.A. requested Lee be surrendered back to California for trial and/or punishment...a formal legal process known as extradition. In December 2008, Lee was arrested and returned to Orange County in January 2009.

Continue reading "2005 California Fatal Hit and Run DUI Offender Pleads Guilty" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , Hit & Run , News & Information , Vehicular Manslaughter

Bookmark:

California DUI investigations almost always involve field sobriety tests (FSTs). FSTs are designed to help police determine whether an individual is too impaired by alcohol and/or drugs to drive safely. These tests are divided into two groups: California DUI standardized field sobriety tests (SFSTs) and California DUI non-standardized field sobriety tests.

There are three standardized FSTs. These three SFSTs have been scientifically validated by the National Highway Traffic Safety Administration (NHTSA) as being a reliable indicator of impairment. The three tests that are endorsed by NHTSA…the federal agency who regulates DUI field sobriety testing…include:

1. The horizontal gaze nystagmus (HGN) FST


2. The walk-and-turn FST


3. The one-leg stand FST

However, even these “reliable” tests are only accurate at detecting alcohol and/or drug impairment between 65-77% of the time. What’s worse is that these statistics assume that these tests are being “precisely” administered according to NHTSA’s rules and regulations when the fact is that most officers never receive personal NHTSA instruction.

Continue reading "The Difference between California DUI Standardized Field Sobriety Tests and Non-Standardized Field Sobriety Tests" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests , News & Information

Bookmark:

While everyone knows about the great weight-loss benefits of the Atkins Diet, few people know about the diet’s other big advantage…it’s a possible California DUI defense.

This is because low-carbohydrate / high-protein Atkins-style diets can fool DUI breath testing instruments. This is because most California DUI breath testing machines aren’t equipped with the technology to distinguish between isopropyl alcohol (the type of alcohol that is auto-generated by a body that is deprived of carbohydrates) and ethyl alcohol (the type of alcohol that we drink).

And while a cop isn’t likely to believe that your BAC is above the legal limit simply because you plead this defense, a judge and/or jury just may…especially when it is supported by validated scientific evidence.

Continue reading "The Atkins Diet...Weight-loss Sensation and DUI Defense?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , Medical DUI Defenses

Bookmark:

Title 17 of the California Code of Regulations governs how DUI blood, breath, and urine tests are administered, analyzed, and stored. Title 17 violations can result in dismissed California DUI charges…or at the very least, in significantly reduced DUI charges.

This California DUI law establishes the protocol that officers and medical personnel must follow if they want your blood alcohol concentration (BAC) level admitted into evidence. Some (but not all) of these requirements include:

• making sure that you do not eat, drink, smoke, vomit, or regurgitate for at least fifteen minutes prior to taking a breath test (so that your breath test results aren’t contaminated),


• making sure that your blood is drawn by a certified technician, and


• making sure that any testing equipment is properly maintained and calibrated on a routine basis.

Continue reading "How Title 17 Violations Can Help You Win a California DUI Case" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Blood Testing , DUI Legislation

Bookmark:

With respect to drinking and driving, this is the common question that, unfortunately, doesn’t have a clear answer. Anti-drinking, conservative groups suggest that you shouldn’t drive after having even one alcoholic beverage. Other, less extreme groups recognize that most people are fit to drive after having one or two drinks. And, depending on an individual’s tolerance to alcohol, there are many people who can have even more to drink and still drive safely.

The fact remains, however, that in California…as well as every other state…we have what is referred to as a per se DUI law. A “per se” DUI law is one which presumes that you are driving under the influence if you reach the state’s minimum blood alcohol concentration (BAC) level.

In order to help you understand your blood alcohol concentration (BAC) level as it relates to a California DUI, a variety of BAC calculators are available. You can find these BAC calculators both online and in print, as they are regularly mailed along with your California DMV auto registration.

Continue reading "How Much is Too Much?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Blood Testing

Bookmark:

Tomorrow night, November 6, 2009, four Southern California DUI sobriety checkpoints are set to operate.

With respect to the first, the Palm Springs Police Department will reportedly conduct a sobriety checkpoint at an undisclosed location within in the city. The location and exact time will be announced just prior to the DUI checkpoint’s operation.

With respect to the second, the Escondido Police Department will operate a DUI / driver’s license checkpoint between 6:00pm and 1:00am.

As for the third, the Lake Elsinore Police Department will conduct a DUI checkpoint between 6:00pm and midnight.

Continue reading "November 6, 2009 Southern California DUI Sobriety Checkpoint Schedule" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , DUI Consequences , News & Information

Bookmark:

Thomas Dekker, who played John Connor on the Terminator television show, was arrested in California for DUI after hitting a 17-year old who was riding his bike in the San Fernando Valley. The Los Angeles City Attorney’s Office charged Dekker with two counts of misdemeanor DUI…Vehicle Code 23152a VC driving under the influence and Vehicle Code 23152b VC driving with a BAC of 0.08% or greater.

Despite the fact that the cyclist was knocked off his bike and taken to the hospital for minor injuries, Dekker is still being charged with a “typical” DUI charge instead of a DUI causing injury.

Vehicle Code 23153 DUI with injury is generally reserved for situations where the defendant acted negligently in addition to driving under the influence. If, for example, Dekker was DUI and sped or otherwise committed another traffic violation…and injured the cyclist as a result…he would be more likely to face charges under VC 23153. There are, however, no reports of any negligent driving in connection with this DUI case.

Dekker was released from the Van Nuys Jail on $100,000 bail.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , DUI Accidents , DUI Consequences , News & Information

Bookmark:

California Vehicle Code 23152b penalizes driving with a blood alcohol concentration (BAC) of 0.08% or greater. Unlike Vehicle Code 23152a “driving under the influence” people aren’t charged with this offense until after they’ve submitted to a chemical DUI blood or breath test that resulted in a BAC of at least a 0.08%.

The problem with this scenario is that, depending on the circumstances, the BAC that is reported could actually be the person’s BAC at the time of the DUI blood or breath test as opposed to his/her BAC at the time of driving. This theory is based on the scientifically validated rising blood alcohol DUI defense.

The rising blood alcohol DUI defense, also known as the on the rise DUI defense, acknowledges the fact that alcohol doesn’t enter your bloodstream immediately following consumption. On average, alcohol takes about 50 minutes to “absorb” into your bloodstream and may even take as long as three hours. So what does this mean?

Continue reading "Rising Blood Alcohol -- Understanding this California DUI Defense" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI Legislation , Medical DUI Defenses

Bookmark:

As crazy as it sounds, you could in fact, be arrested for driving under the influence of Listerine, Nyquil, a few sips of a cocktail, or any other liquid or substance that contains alcohol. It’s not that you would necessarily be “under the influence” of any of these, but that they are all capable of producing an illegal blood alcohol concentration of 0.08% or greater.

The reason this is possible is due to a condition known as mouth alcohol. Mouth alcohol is alcohol that remains in the mouth. When present, mouth alcohol can fool a DUI breath testing instrument. And although it typically dissipates quickly, it can linger, depending on the circumstances.

For example, the limited amount of alcohol that could be “burped” into a “normal” mouth will probably dissolve quickly. But that same amount of alcohol burped up by someone with dentures, for example, may take longer to dissolve.

Similarly, if someone had a tiny piece of alcohol-saturated bread trapped in his/her dental work, that alcohol could remain in the mouth for quite some time.

Continue reading "Driving Under the Influence of Listerine?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , Medical DUI Defenses , News & Information

Bookmark:

GERD (Gastroesophageal Reflux Disease) is quickly becoming one of the more popular California DUI defenses. This is likely because between 25-45% of our population is affected by this disease…and because it is receiving more public attention.

GERD, as well as acid reflux and heartburn, are all medical conditions that can cause any alcohol that is in your system to travel up from your stomach and into your mouth. If this happens just prior to or during a California DUI breath test, your blood alcohol concentration will report a false high result.

This means that GERD can negatively influence a DUI breath test for someone who chronically suffers from this condition. It also means that GERD can negatively influence a DUI breath test for someone who may have suffered a GERD-like reflux simply from eating a spicy, greasy, or gassy meal.

Continue reading "How GERD can Fool a DUI Breath Test" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Medical DUI Defenses

Bookmark:

Yesterday’s Oprah show addressed mothers and drunk driving. Her show was most likely prompted by the recent tragedy involving Carmen Huertas who was allegedly driving with a 0.13% BAC when she lost control of her car, killing one of seven children who were passengers inside.

We coincidentally blogged that story on Monday (Mom Charged with Vehicular Manslaughter) and ended the article by stating that lobbyists would surely use it in their arsenal to pursue tougher DUI legislation.

Oprah’s show only increases that possibility.

Oprah’s guests included one of the girls who was thrown from Huertas’s car as well as the father of the child who was killed in the accident. She also used her national platform to call attention to some other recent heartbreaking accounts of mothers who drove drunk with children in the car…something she seems to believe is a more common phenomenon that we realize.

These events, coupled with the media’s attention to this issue, will undoubtedly prompt MADD and other anti-drinking groups to push for harsher DUI penalties.

Current California law holds that if you drive under the influence of alcohol and/or drugs with a child in the car, you will be charged with DUI and either Penal Code 273a child endangerment or an enhanced DUI sentence.

Continue reading "Oprah Addresses Mothers Who Have Been Accused of DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Child Endangerment , DUI , DUI Accidents , DUI Consequences , News & Information

Bookmark:

In California, we call it “driving under the influence” or DUI. In some states, they call it “driving while impaired” or DWI. Still others call it “driving while intoxicated” which is still DWI. And finally, some states call it “operating while intoxicated” or OWI.

The bottom line is that a DUI is a DWI is an OWI…which basically means that they’re all the same. Each state may have its own slight variation on what constitutes a DUI, but in reality, if you drive while under the influence of alcohol and/or drugs, you will be prosecuted for this offense.

Although each state prohibits driving with a blood alcohol level of 0.08% or greater (which is California’s Vehicle Code 23152b VC), most of the discrepancies lie in the exact definition of what it takes to be “under the influence” or “impaired by drugs and/or alcohol”.

Continue reading "A DUI is a DWI is an OWI..." »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI

Bookmark:

Last week, the Manhattan District Attorney’s Office filed manslaughter, vehicular manslaughter, assault, and DUI charges against 31-year old Carmen Huertas. Huertas piled eight children (including her own daughter and fourteen-month old son) into her car to have a sleep over at her house. This was after she reportedly left a party with a BAC of 0.13%.

Before she drove off, her son was taken out of the car by the child’s father, Eduardo Henriquez. Henriquez knew Huertas wasn’t fit to drive and tried to stop her. When she wouldn’t listen, he removed his son from the car…but unfortunately not the keys.

As a result, three of the remaining seven children were ejected from the car when Huertas lost control, allegedly travelling 20 miles-per-hour over the speed limit. Before one of these eleven-year-old girls was killed, Huertas was apparently taunting the girls, demanding that they raise their hands if they thought they would make it home without crashing. Five of the children were not wearing seatbelts, and the three who were ejected weren’t even in seats.

Continue reading "Mom Charged with Vehicular Manslaughter" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , Felony DUI , News & Information , Vehicular Manslaughter

Bookmark:

There seems to be a lot of confusion about the penalties imposed in connection with a California boating under the influence conviction. A majority of the information found on the Internet suggests that if you are convicted of BUI under California Harbors and Navigation Code 655, the DMV will suspend or revoke your vehicle driver’s license just as if you were convicted of a DUI.

We’re here to tell you that this isn’t the case…although it used to be.

Prior to 2008, the California DMV would automatically suspend/revoke your driver’s license if you were arrested for BUI. Just as is the case with a DUI, you would have to request a DMV administrative per se hearing in order to challenge the DMV’s order.

Continue reading "California BUIs and the DMV - Setting the Record Straight" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Boating Under the Influence , DUI , News & Information

Bookmark:

On Tuesday, the U.S. Supreme Court upheld a Virginia case which held that officers will no longer be allowed to pull over suspected drunk drivers based solely on a caller’s tip. The court ruled that officers must personally observe suspicious behavior before stopping a driver for a DUI investigation. As the Los Angeles Times reported yesterday, this essentially means that impaired drivers are entitled to “one free swerve” before they can be pulled over by the police.

The Supreme Court’s ruling isn’t formal and doesn’t require other states to follow Virginia’s lead. It is, however, likely to invite more legal challenges to DUIs that are initiated by citizen tips.

Currently, Los Angeles and a host of other California cities, use electronic roadside message boards located on their freeways to tell drivers to “Call 911 to report drunk drivers”. Although California may still encourage its drivers to report suspected DUIs, a formal ruling on this case would make it so that those calls will not be enough to satisfy the Constitution’s requirement for a reasonable search.

Most states, including California, presently allow these types of searches, so long as the observed vehicle matches the description given by the caller.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , DUI Legislation , News & Information

Bookmark:

Last week, California Governor Arnold Schwarzenegger signed several new bills that will go into effect beginning January 1, 2010. One of them is known as Assembly Bill 808, the Ambriz Act.

This law will require every person who either applies for a new driver’s license or who wishes to renew his/her license to sign a statement acknowledging the dangers associated with drinking and driving. While that may not sound so harsh on its face, it sets the driver up for being prosecuted for second-degree murder if he/she is involved in a deadly DUI accident.

Until this bill goes into effect, only those who have suffered prior DUIs can be charged with California DUI second-degree murder, also called Watson murder…and even then, there must be additional facts to support a finding of malice. Without malice, there can be no murder.

Continue reading "Schwarzenegger's Targeting More than First-Time DUI Offenders" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI Legislation , News & Information , Vehicular Manslaughter

Bookmark: