DUI Blogger

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:

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:

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:

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:

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:

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:

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:

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:

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:

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, Minnesota Viking’s Cedric Griffin pled guilty to misdemeanor DUI. There are a couple of things that are interesting about this case.

The first is that Griffin was arrested after he voluntarily pulled over…apparently because he believed he was too impaired to drive. The second is that the judge must have taken that into consideration when he sentenced Griffin for driving with a blood alcohol concentration (BAC) of 0.08% or greater.

The plea stems from incidents that took place last August when Griffin and others all parked their cars at a hotel…which was only about five minutes from Griffin’s home…and hired a limousine to pick them up to take them out. After they returned to their cars, Griffin began driving home. After a couple of minutes, he pulled over, reportedly because he didn’t feel it was safe to continue. Moments later, he was approached by a police officer who subsequently arrested him for DUI.

Continue reading "Minnesota Viking's Cedric Griffin Pleads Guilty to DUI" »

Posted by Neil Shouse | Permalink | Email This Post

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

Bookmark:

Last week, a Malibu judge agreed to expunge Mel Gibson’s now infamous 2006 DUI. That was the incident where Gibson not only threatened the Los Angeles County Sheriff who stopped him but also blamed the Jews for all the world’s wars.

Despite Gibson’s anti-Semitic rant and other bizarre behavior, the judge granted his California DUI expungement because he completed his court-ordered probation.

You are eligible for an expungement under California’s DUI expungement laws if:

1. you were placed on probation,


2. you successfully completed that probation,


3. you aren’t currently serving a sentence for another crime,


4. and you have no other pending criminal charges.

Continue reading "Mel Gibson's Infamous DUI Expunged" »

Posted by Neil Shouse | Permalink | Email This Post

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

Bookmark:

Roger Avary, the Oscar-winning co-writer of “Pulp Fiction”, was sentenced last week in the Ventura Superior Court to one-year in a county jail, five years formal probation, and over $5,000 in fines for a California DUI he suffered early last year. Avary was driving his Mercedes over 100 mph when he crashed into a telephone poll. The accident ejected his wife from the car and killed his passenger.

Avary pled guilty to Penal Code 191.5a gross vehicular manslaughter and DUI causing injury. He also admitted allegations that he caused multiple victims to suffer great bodily injury during the commission of the crime. A “great bodily injury” is a significant or substantial injury…if inflicted, the defendant usually suffers an enhanced jail or prison sentence.

Just based on the great bodily injury allegations alone, Avary could have been sentenced to five years in the California State Prison. The gross vehicular manslaughter charge (which is typically a felony) invites a four, six, or ten-year prison sentence. This means that Avary could have been sentenced to a prison term of between nine and fifteen-years if you add up all of his exposure.

Continue reading "Pulp Fiction Writer Convicted of Misdemeanor Gross Vehicular Manslaughter" »

Posted by Neil Shouse | Permalink | Email This Post

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

Bookmark:

Last week Robert Moran, 43, a former deputy with the Los Angeles County Sheriff’s Department was officially sentenced to three years of informal probation and to six months in a county jail for his June 2008 DUI. He was arrested for that DUI when he crashed his department-issued SUV into another car after he ran a red light, and injured the people in the other car.

Moran has already almost completed his jail sentence by serving his time on house arrest, which is also commonly referred to as electronic monitoring. House arrest is a DUI penalty that enables you to serve a jail sentence at home, rather than in jail. This DUI penalty is not available under all circumstances…you must specifically request it and the judge must approve it.

So let me get this straight. An L.A. sheriff who injured two people when he drove a department issued car while under the influence, after running a red light gets a break on his sentence? Someone who, no doubt, has used his “special training” to detain, arrest, and help convict others of the same offense?

Gotta love the hypocrisy embedded in the California justice system…

Posted by Neil Shouse | Permalink | Email This Post

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

Bookmark:

Last Thursday in New York, 41 year-old Melonie Lender, a middle school assistant principal, was arrested for DUI. Not only was it 6:40 in the morning, but she was on her way to work and had her 10-month old son in the backseat. In addition, Lender reportedly has two prior alcohol-related driving convictions.

In California, if you are caught driving under the influence and have a child under the age of 14 in your car, you will likely be charged with Penal Code 273 (a) child endangerment in addition to the underlying DUI.

Depending on the circumstances surrounding your California DUI arrest, such as your driving pattern, whether you were involved in an accident, your blood alcohol concentration (BAC), and your prior criminal history, you may face up to one year in the county jail or up to six years in the California State Prison…and you could also potentially lose custody of your child(ren). Keep in mind these are just the penalties for the child endangerment charge. In addition to these penalties, you still face sentencing for your DUI.

Lender, like so many others, has an alcohol addiction, or at least an alcohol problem, which is revealed by her actions. If any of her conduct sounds all too familiar…or like the life of someone you care about…know that help is available.

Posted by Neil Shouse | Permalink | Email This Post

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

Bookmark:

Jack Alvord, 61, was sentenced to 22 months in prison by a Portland judge when he plead guilty to DUI, reckless driving, and to third degree assault. Alvord, who was driving with a BAC of 0.30%, hit a blind man who was walking on the sidewalk (pining him between the car and a utility pole) before driving off. Alvord was then chased by fourteen people who caught him less than a mile away.

What’s noteworthy about this case is the fact that Alvord and the man whom he left with a broken pelvis and two broken legs are now friends.

Alvord was extremely remorseful for his actions. He voluntarily checked himself into a 30-day residential alcohol treatment center, urged his insurance company to pay a $1.25 million settlement, and has pledged that once he completes his prison sentence, he will speak to others in an effort to educate them about the dangers of drinking and driving.

Continue reading "Defendant’s Remorse Gets Him a Lighter Sentence" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , News & Information , Reckless Driving

Bookmark:

The Marine Corps Times reported in an article on January 6, 2009, that Lance Corporal Quintin Garza, 21, pleaded not guilty to California DUI charges stemming from a fatal New Year’s Day crash on a San Diego County road.

Prosecutors allege that Garza was driving through a winding stretch of El Camino Real near Rancho Santa Fe when his vehicle collided with a parked SUV owned by Gaudencio Reyes-Quintana. Reyes-Quintana’s vehicle was stuck in the mud, and California Highway Patrol officers believe that Reyes-Quintana was standing outside of the vehicle when Garza crashed.

Garza’s attorney notes that the vicinity was foggy that night with areas of drizzle, which along with curvy roads and limited sight lines may have contributed to the car accident. Garza himself was unconscious when police officers arrived at the scene.

Continue reading "Camp Pendleton Marine Pleads Not Guilty To DUI Crash" »

Posted by Neil Shouse | Permalink | Email This Post

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

Bookmark:

A drunk driver accused of causing a single-car crash in Burbank that killed one passenger and injured three others last year, has pleaded no contest to the charges, according to this Los Angeles Daily News article. According to the report, 24-year-old Michael Scott Christenson pleaded no contest to one count of gross vehicular manslaughter and three counts of DUI causing injury. Christenson was driving a 2007 Honda Accord when it jumped a center median and hit two trees and a wall. The auto accident killed Eric Flesher, 24, of Los Angeles.

Christenson will be sentenced next month and faces a 12-year state prison term. However, the murder charge against him is expected to be dismissed, the news report said. In California, vehicular manslaughter that does not involve gross negligence may be charged as a misdemeanor or a felony, depending on the circumstances. But, vehicular manslaughter with gross negligence is always charged as a felony and the court could impose up to 10 years of prison time as opposed to much lesser jail time for charges that do not involve gross negligence.

The article does not say if the charges against Christenson contain gross negligence, but based on the stiff prison term he faces, it certainly seems that it involves the more serious charge. Gross negligence is defined as driving without caution and without concern for the safety of others and generally has the driver exhibiting a high level of recklessness.

If you have been charged with DUI and vehicular manslaughter in California you definitely need the services of a first tier law firm to represent you and have your case defended successfully. Please contact me for a free consultation and to learn more about how we defend vehicular manslaughter allegations.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Accidents

Bookmark:

A man suspected of DUI in Torrance crashed into a tree injuring himself and his passenger, the Daily Breeze reports. A passenger’s thumb was cut off when the Ford Taurus overturned. The accident reportedly occurred near the intersection of Van Ness Avenue and Del Amo Boulevard.

Both the driver and the passenger were taken to an area hospital for treatment. Police apparently found bottles of alcohol in the vehicle. Officials said the men admitted they had been drinking. Fortunately, no other vehicles were involved in this traffic collision.

Whether a DUI accident is treated as a misdemeanor or a felony depends on the nature of the auto accident and whether there were injuries, deaths or property loss involved. If there are serious injuries or deaths involved, then the defendant could very well be charged with a felony DUI, which is a serious charge with grave consequences. Penalties could include jail time, hefty fines and suspension of driver’s license.

If you or someone you know has been accused of driving under the influence of alcohol and/or drugs, you need an experienced and skilled Southern California DUI Defense attorney who knows and understand the ins and outs of California drunk driving laws. In our minds, DUI cases are rarely hopeless. Our clients come to us because they want to fight their DUI and win. The reality of DUI cases is that you could be arrested or charged when you may not in fact have been “legally drunk.” In the State of California, it is illegal to drive with a blood alcohol content (BAC) of 0.08 percent or more.

If you have been arrested on suspicion of a DUI, don’t give up. Call us to find us how you can fight your DUI and win.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Accidents

Bookmark:

A San Diego County Sheriff’s deputy was injured after his holster got caught on the door of a vehicle he had just pulled over and the driver tried to flee the scene, dragging the deputy. According to an article in the San Diego Union-Tribune, Deputy Robert Gibson had stopped the 46-year-old man on suspicion of drunk driving in San Diego County after seeing him drive his truck on the bike lane for several blocks.

Gibson had reportedly spotted beer on the bed of the truck and smelled alcohol. Gibson stood by the driver’s door and asked him to turn off the engine and hand over the vehicle’s keys. But, the driver suddenly drove off and dragged the deputy with him. The truck jumped over a curb on the center median. Gibson was thrown and landed on some bushes where he hit a tree. The man was eventually arrested shortly afterward in a parking lot nearby.

How many times do we see people trying to evade police or start a chase? It always ends exactly the same way – with the fleeing driver being apprehended. Always remember that if you are stopped on suspicion of drunk driving, it does not mean you will get arrested. Even if you do get arrested, there are many ways to prove that you were not driving drunk.

If you have been charged with a DUI, you need a truly experienced Southern California Drunk Driving defense lawyer, who will independently investigate the case and help you fight your DUI. Call us today to discuss your case.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Accidents

Bookmark:

Los Angeles Police officers arrested 41-year-old Robert Palacios on suspicion of murder in Lincoln Heights after he struck and killed a pedestrian during a police pursuit, the Los Angeles Times reports. Police say it was not considered a “pursuit” because officers did not turn on lights or sirens. They followed Palacios because officials say they suspected him of driving under the influence after seeing him “drive erratically” near Figueroa Boulevard and Avenue 52.

The pedestrian was identified as 61-year-old Demetrio Sosa. Palacios also reportedly struck a minivan, but the occupants of the minivan did not suffer major injuries. Sosa was taken to an area hospital where he was pronounced dead.

If you are arrested on suspicion of drunk driving in Los Angeles, you could face serious charges especially if the incident involves death and/or injuries. If convicted of murder, Palacios will be in serious trouble and will likely face 25 years to life in prison. Generally, those convicted of drunk driving also face hefty fines and suspension or revocation of their driving privilege.

If you or someone you know has been arrested on suspicion of drunk driving, it is very important that you contact an experienced and knowledgeable Southern California DUI defense attorney. We have the skill and the resources it takes to conduct an independent investigation and build a strong defense that it takes to get you acquitted or get your charges reduced. We have former district attorneys and investigators working with us – people who know very well how law enforcement and prosecutors think and work. Call us today to discuss your case.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Accidents

Bookmark: