Blog
CALL US FOR A FREE CONSULTATION
Call Us831-426-5800 Call Us831-566-4357
303 Potrero Street, Suite 30, Santa Cruz, CA 95060
Subscribe to this list via RSS Blog posts tagged in DUI

Posted on in DUI

A DUI verdict that was delivered in a small juvenile court has reverberated across the country. A judge in a Fort Worth Juvenile Court recently sentenced a 16-year-old boy to 10 years of probation after he confessed to charges arising out of a fatal drunk driving accident that occurred on a rural road. Four people were killed in the accident, and at the time of the crash, the teenager tested positive for a blood alcohol concentration level that was at least three times the legal limit of .08.

His defense lawyers brought to the stand a psychologist who testified in his defense that he suffered from a condition called affluenza. According to the psychologist, this was a syndrome that prevented children like this teenage boy, from learning that bad behavior can have serious consequences. As a result of the syndrome, the boy failed to realize that bad behavior and breaking the rules can have serious consequences, and hence, his poor judgment in driving under the influence of alcohol. The psychologist also brought attention to the fact that the boys parents had failed to punish him for equally poor behavior in the past.

Prosecutors understandably are livid at the judgment, especially since they had sought the maximum sentence in this case, which would have amounted to 20 years in prison. However, the lawyers were very successful in convincing the judge that what the boy needed was not time in prison, but rehabilitation.

...

Earlier this year, officials found mistakes in testing at the Orange County Crime Lab that put the results of hundreds of DUI alcohol tests in jeopardy. Now comes news that even more errors have been discovered at the same lab.

The announcement of the earlier errors was made after officials found mistakes in testing that likely produced incorrect lab test results. Those incorrect results are believed to have occurred over at least 5 months. Several persons, who submitted samples for alcohol testing, and whose test results were affected by the error, have already been contacted by the district attorney's office. Prosecutors have also contacted people who were convicted for driving under the influence or pleaded guilty to DUI, as a result of those botched DUI tests. Not surprisingly, these people are extremely upset about the fact that errors in testing, resulted in convictions for them.

The new error is believed to have been discovered during an audit of the lab's operations after the earlier errors were discovered. Under crime lab procedure, a blood test sample is tested twice using two different machines. The average reading is then taken. However, this error is believed to have occurred when the lab calibrated one of the machines, and failed to input the appropriate data in the software. That meant that the results were skewed by as much as .003 percentage points.

...
Tagged in: DUI DUI Testing Errors

Public opinion in support of legalization has grown stronger in California, and a recent poll by Gallup estimated that as many as 50% of Americans are in favor of the legalization of pot. Soon, California could legalize marijuana, and companies are already experimenting with so-called pot breathalyzers that would help determine the amount of marijuana in a person’s system.

Obviously, before we have a breathalyzer on the market, it is first necessary to determine the maximum legally permissible marijuana level, similar to the permissible blood alcohol standard that we currently have to determine the incidence of DUI in California. Besides, according to experts, any kind of breathalyzer that is designed to help determine the presence of marijuana in the system is not likely to work like an alcohol breathalyzer, simply because there are several modes of consumption of marijuana. The different modes of consumption could lead to different quantities of marijuana showing up in a person’s system.

As California moves towards legalization of marijuana, it will be looking to other states that have already legalized the drug for lessons in this area. Currently, the only two states that have legalized marijuana are Washington and Colorado. In Washington, for instance, possession of an ounce of marijuana is legal, but it is not legal for a person to drive under the influence of 5 ng of THC per mL of blood. That level is already controversial on Washington, where experts have held that the limit is not scientifically accurate, or reliable. Many experts do seem to agree that it will be very difficult to come up with a standard legal limit that is accurate.

...
Tagged in: Breathalyzer DUI

When police officers are trying to pull you over on suspicion of driving under the infant of alcohol, it is typically better to comply. Failure to do so may result in additional charges being filed against you.

A man in Cleveland who was driving under the influence of alcohol, refused to stop his car, even during a police chase. The police were alerted to the man's DUI, when a pedestrian called in to report an SUV driving at excessive speeds that nearly struck him. However, when the police responded to the scene, they found the SUV backing out of a McDonald's drive through. They began to give chase, but the man continued to drive on.

When the SUV finally came to a stop, the driver admitted that he continued driving because he wanted to finish his Big Mac!

...

Posted on in DUI

The percentage of American teenagers, who admit to driving under the influence of alcohol, has dropped by more than 50% since 1991. However, every year, thousands of California teenagers are arrested for driving under the influence of alcohol, resulting in long-term financial as well as other consequences.

Your underage child can be arrested for driving under the influence of alcohol, even if he has a blood-alcohol concentration level of just .01%. That is because California’s zero tolerance laws allow persons to be arrested for driving impaired even if they have had just a few alcohol beverages, that measure at a .01% BAC.

If you are below the age of 21, you're not allowed to possess alcohol, or have a container of alcohol that is unsealed or opened in your car. If you are found with alcohol in your car, you can be sentenced to fines of up to $1,000, and could lose your license for up to one year. Your vehicle can also be impounded for a period of 30 days.

...
Tagged in: DUI

Posted on in DUI

According to a study that was conducted recently by Caron Treatment Centers, summertime is when many college students and underage drinkers are more likely to indulge in inappropriate drinking that results in a DUI arrest.

During summer, every night is a holiday night, and therefore, an opportunity to drink for underage drinkers. A recent study by the Caron Treatments Centers outlines exactly how dangerous the issue of underage DUI in this country, and how little adults are aware of it.

As many as 41% of the adults in the study between the age of 18 and 40 believe that it is best for teenagers to learn to drink responsibly in high school, than wait until they reach the legal age of 21 years. As many as 31% of the teenagers in the study said that their parents accepted underage drinking, including allowing them to drink at home, allowing parties where alcohol was served, and even more dangerous, allowing them to drive after drinking.

...
Tagged in: DUI

There is no denying the fact that the National Football League has had a tremendous PR problem because of these frequent DUI arrests involving its players. The League has dealt with an avalanche of bad publicity over the past few years, with a number of athletes, both past and present, showing long-term signs of debilitation and disability due to frequent concussions while playing pro football. Now the National Football League is also in the uncomfortable position of having to defend many of its star players because of their bad behavior behind the wheel.

Some of that behavior has resulted in fatal accidents. For instance, last year, a fatal accident involving former Dallas Cowboys defensive tackle Josh Brent killed one of his teammates. The National Football League wants to target players like Brent, who are involved in serious DUI related accidents. Brent currently faces an intoxication manslaughter charge, and has retired from football.

In 2013, 10 NFL players were booked on DUI -related charges. In 2012, 17 NFL players were arrested on the same charges, including Brent. The League wants players convicted of driving under the influence of alcohol and causing fatal accidents to receive mandatory suspensions from the sport.

...

Police in Angels Camp, California say that a Citrus Heights man stole five bottles of champagne on New Year's Eve, loaded the bottles into a golf cart, and attempted to make a roughly 74 mile trek home in the stolen golf cart. Police claim that the 46-year-old California man had been staying at a resort in Angels Camp for the holiday. But authorities say that the man had an argument and decided to leave the resort.

Police claim that the Citrus Heights man spotted a golf cart in a garage roughly 20 minutes before midnight on New Year's Eve. That's when police say the man decided to drive home. Authorities accuse the man of taking the electric golf cart and the champagne and hitting the highway.

Police believe that the man took a wrong turn while searching for Highway 4 and got lost. Law enforcement arrested the man near Copperopolis on suspicion of driving under the influence. Police claim that the man drove more than 13 miles in the cart. Officials claim that the man admitted to stealing the machine.

...

Many people buy in to the stereotype that people who are arrested for DUI are alcoholics, party hounds or just plain "losers." In reality, people of all backgrounds and from walks of life get accused of drinking and driving. Drunk-driving arrests often lead to convictions, of course, but frequently enough they are based on spurious field sobriety tests, miscalibrated breath testing machines, the effects of legal prescription drugs or other mistakes.

Society may wish to believe that successful, responsible people are never charged with DUI, but they do. Last Saturday, for example, the man chosen by the Vatican to become the next archbishop of the Archdiocese of San Francisco was arrested in San Diego on suspicion of drunk driving.

The 56-year-old bishop from Oakland was driving his elderly mother home after a dinner with friends when he encountered a police sobriety checkpoint. Officers at the checkpoint claim the bishop appeared to be intoxicated and they arrested him.

...

Now only just weeks after his retirement, he was involved in a traffic incident that has led to charges of drinking and driving and leaving the scene of a car accident.

According to an eyewitness report, Crocker was waiting a red light in the left lane of a roadway. However, when the light turned green, Crocker attempted to make a right turn, despite the fact that a semi-truck was in that lane. The two vehicles collided. The witness then followed Crocker's vehicle as he continued driving away from the scene of the crash, and then the witness finally called police.

When police arrived on the scene they asked Crocker to submit to a breathalyzer test. He complied, and according to police reports was very cooperative. However, both of the breath tests revealed a blood-alcohol content of more than twice the legal limit for alcohol.

...
Tagged in: celebrities DUI

Law enforcement says that troopers responded to the scene of a reported car accident shortly after 11:15 Tuesday night. Troopers claim that they found Travis naked when troopers arrived at the car accident scene. Authorities say the country music star was combative during the the investigation and after his DUI arrest.

The musician apparently suffered some personal injuries in the accident. An Associated Press report carried by the San Jose Mercury News says that Travis had a black eye and visible dried blood on his face in the mug shot released by the Sheriff's Office.

Travis was arrested on suspicion of DUI after the encounter with police. However, troopers say that the musician remained combative and authorities are planning to pursue felony charges under Texas law for retaliation or obstruction charges. Law enforcement claims that Travis made threats to shoot and kill the troopers involved in the investigation while he was being transported to the county jail. Law enforcement reportedly obtained a blood sample from Travis, test results remain pending.

...
Tagged in: DUI

The California Highway Patrol has arrested a passenger who was riding in a car involved in a car accident. The Geyserville, California, man reportedly was riding in the car when it crashed on Highway 101 Friday evening. Police accuse the passenger in the vehicle of driving under the influence and a form California domestic violence charges.

Law enforcement says that a 19-year-old Geyserville woman was driving a Mazda Protégé on North bound Highway 101 shortly before 10:00 p.m. when the car left the pavement. Emergency responders arrived at the car accident scene to find the Mazda disabled about 100 feet down an embankment. The woman says that she lost control of the vehicle after her 28-year-old boyfriend had become agitated while riding in the car.

The CHP says that the woman accuses her boyfriend of speaking in a threatening manner and punching the interior of the car while she was cruising at around 65 to 70 miles per hour along the highway. The woman claims that her boyfriend grabbed the emergency brake, causing the car to crash.

...

A 23-year-old Norwalk, California man in a Ford Explorer is believed to have run into the rear of the Lexus. The Lexus spun out of control, and reportedly struck three construction workers who had been working on the 405. The Ford flipped over onto its roof.

Two construction workers were fatally injured in the freeway accident. The third construction worker was able to walk around after the accident, and was eventually transported to an area hospital for treatment.

Both drivers involved in the freeway accident reportedly suffered scrapes and cuts from the crash. Each was transported to the hospital for treatment. Authorities say that both drivers were under the influence at the time of the 3:35 a.m. crash Sunday. After receiving medical attention, each driver was arrested on suspicion of DUI at the hospital.

...
Tagged in: DUI manslaughter

CHP troopers say that Lynch was pulled over after allegedly having two near collisions with other cars along I-880 in Emeryville, California. Authorities claim that the star running back showed signs of intoxication during the traffic stop, which occurred around 3:20 Saturday morning. Authorities claim Lynch tested above the legal limit of 0.08 percent blood alcohol concentration, although authorities have not revealed the test results to the media.

The two-time Pro Bowler reportedly was cooperative during the DUI investigation. Authorities brought Lynch to Santa Rita Jail. He was later released, and he is scheduled to appear in court on the DUI charges August 14. Lynch had been in Oakland for a scholarship event involving his Fam 1st Family Foundation.

Lynch previously had his driver's license revoked in New York after he allegedly was involved in a pedestrian accident outside a bar at 3:30 a.m. in 2008.

...
Tagged in: DUI

Police reportedly stopped the woman on the north side of the Golden Gate Bridge. Authorities claim that she did poorly in field sobriety tests and was arrested on suspicion of drunk driving.

The accident was reported around 12:30 p.m. May 12, which was a Saturday. The school district reportedly noted that the weekend accident was not related to the elementary school teacher's job. However, exposure to jail time in the hit-and-run and DUI case could possibly have made things touchy at work for the teacher.

The woman appeared in court earlier this week and pled no contest to two counts of DUI. Prosecutors agreed to drop the hit-and-run charge as part of the plea deal. The agreement will allow the woman to avoid jail time.

...
Tagged in: DUI

A spokesman for the Kings County Sheriff's Department says that when management and supervisors in the unit learned that the deputy smelled of alcohol, he was called back into the sheriff's office. Investigators called in the California Highway Patrol to investigate the man for evidence of alcohol.

The deputy now accused of DUI while on the job was scheduled for the night shift. Authorities claim the deputy had admitted to drinking before reporting for work. The accused has been with Kings County for nine years. He has been placed on administrative leave from the sheriff's office, pending an internal investigation.

He is also facing serious charges in criminal court. The 49-year-old deputy was booked into the Kings County Jail. He was released after six hours and is scheduled to appear in court in July on DUI charges.

...

This year, Cinco de Mayo falls on a weekend. Law enforcement agencies all across the state are planning a variety of DUI enforcement efforts to mark the holiday. DUI checkpoints and saturation patrols are common events in California, regardless of whether or not a holiday is involved. But Californians can usually expect local law enforcement agencies and the California Highway Patrol to step-up DUI enforcement details when a recognizable holiday approaches.

Police agencies often use a variety of tactics during stepped-up enforcement operation surrounding a holiday weekend. Checkpoints and saturation patrols may not be the only strategies that police may seek to employ to enforce California DUI laws. A story from the Bay Area highlights the type of unique strategies an agency may use in an effort to find drunk drivers.

The San Francisco Police plan to send officers out on motorcycles Friday night to look for drunk drivers. A captain with the police department says that, "Our Harley Davidson Road Kings have a lot of maneuverability advantages over regular patrol cars." Police say that most motorists do not notice the bikes until it is too late. The police captain says officers on a Harley "can ride right up to the driver's window and check for any signs of alcohol or drug impairment."

...
Tagged in: DUI DUI checkpoints

Most, if not all, drivers know that California law prohibits driving under the influence. California law, like every state in the union presumes impairment based upon a blood alcohol concentration of 0.08 percent. Many drivers, however, are surprised to hear when a chemical test returns a result of presumed impairment after a DUI arrest.

A recent story in the news that highlights the situation involves a Southern California Assembly member who was arrested in late March on DUI charges. The assemblyman, who has the right to remain silent under the law, reportedly told reporters after this arrest that he was not drunk the night of his arrest.

He reportedly said that he had some wine with dinner, but was not drunk. He also reportedly told the news media that law enforcement lacked probable cause to conduct a traffic stop.

...

California's laws prohibiting driving under the influence involve more than restrictions against impairment from alcohol. Drugged driving, or prescription medication DUI offenses, can haunt medical patients who may be hauled into court on allegations of driving under the influence. Santa Cruz DUI defense lawyers know that California treats any DUI charge harshly.

A recent California case involves allegations of a so-called "Whip-it" canister containing nitrous oxide. A 22-year-old Folsom man is accused of serious DUI-related charges after a tragic double-fatal car accident in January. The man is facing two counts of gross vehicular manslaughter.

A judge in Sacramento County ordered that the Folsom man stand trial on the gross vehicular manslaughter charges at a preliminary hearing April 24. Prosecutors reportedly introduced testimony at the preliminary hearing that the Folsom man had bought 50 canisters of nitrous oxide, or laughing gas, at a Folsom Smoke shop on the day of the car accident.

...

It did not take long for a group of former cops, prosecutors and judges to voice their opinion of a proposed measure that seeks to create a zero tolerance type policy for driving under the influence charges involving pot. This blog discussed the new proposal last week, and members of Law Enforcement Against Prohibition have written the assemblywoman who introduced the bill, urging that she immediately withdraw the measure.

Ten retired police officers, deputies, prosecutors, judges and other criminal justice professionals signed the letter calling for withdrawal of the DUI drug-related bill, saying that the draconian measure would criminalize driving by any California medical marijuana patient, even if the patient was not impaired at any time near the time of the arrest.

The criminal justice veterans acknowledge that California law already prohibits driving under the influence of drugs, based upon evidence that the pot, prescription medications or other drugs have caused impairment of the driver. The group says that the current flawed California DUI bill prohibiting pot-based driving without the need to show impairment would make driving illegal for up to 30 days after a medical marijuana patient lawfully smokes pot.

...
Tagged in: DUI medical marijuana
Back to Top