A woman in one state recently had her driver’s license revoked following a fatal accident that was allegedly caused by her use of a medication. In addition to the license revocation, she will also serve a jail sentence after pleading guilty to criminally negligent homicide. Her jail sentence is only 19 months, including time she has already served, but she will not be eligible to apply to have her license reinstated for 10 years.
]]> According to reports, the woman hit a 17-year-old boy who was walking on the sidewalk. She was reportedly advised not to drive while taking the medication she had been prescribed on the day of the accident. It was reported that the woman suffered a seizure, but it is unknown at this time whether the seizure is attributed to the medication, a medical condition or some other cause.It may be of benefit for anyone who has had his or her license suspended or revoked to seek legal counsel. An attorney familiar with the laws in your area can and help you to understand your options in various situations and circumstances, like if you need special permission to drive for work related purposes, as well as answer any other questions you may have.
Source: Source: Fox 12 News Oregon, “Driver who killed Aloha teen sentenced to prison, loses license,” Laura Rillos, May 10, 2013
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Without specific evidence of the man’s blood alcohol content, the officer based his arrest on his observation of what he believed to be impairment due to alcohol consumption. Details regarding his arraignment have not been released to the public. If found guilty, he could be subject to fines and/or jail time for the DUI charge and could have his license suspended for his breath test refusal.
It can be important to obtain legal representation if you are facing a drunk driving charge. An attorney will be able to explain your options and answer any questions you may have.
Source: ABC Action News, “I-Team: Five myths about drunk driving tests debunked”, Michael George, April 23, 2013
]]>Recently, the U.S. Supreme Court upheld the ruling from a state Supreme Court regarding the need for law enforcement to get a warrant in order to forcibly obtain a blood sample from a suspected drunk driver. There were several key factors that effected the Court's decision, including the implications on a person's constitutional rights if they are forced to submit to a blood test against their will and without a warrant. Under the Fourth Amendment, people are protected from unlawful searches and seizures.
]]> The case was initiated when the state Supreme Court determined the results from one man's blood alcohol test could not be used as evidence because the arresting police officer had the sample drawn without the man's consent or a warrant. The man reportedly refused to give a blood sample or to take a Breathalyzer after being stopped for suspected drunk driving. It was not released whether or not the charges have been dropped as a result of the ruling or if the case against the man will go forward based on the officer's observations and his having failed a field sobriety test.Moving forward, this ruling could have major implications for drivers accused of drunk driving. Although some individual states do not currently require a warrant in order to get a sample for a blood alcohol test, the federal decision could help to convince a court that the results should not be admitted in situations where blood was drawn without consent.
Source: The Washington Post, "Supreme Court limits warrantless blood tests for drunken driving suspects", Robert Barnes, April 17, 2013
]]>Sports fans are likely familiar with Al Michaels. Michaels works for NBC as a football announcer. Police allegedly saw the broadcaster make an illegal U-turn along Pico Boulevard in Santa Monica. Michaels was pulled over and allegedly had slurred speech and smelled of alcohol. He was arrested around 10 p.m.
]]> People who are charged with DUI often face four issues. They are likely to lose their driver's license for a period of time. They may also be forced to install an ignition interlock device in their vehicle. They are also likely to face increased insurance rates. In addition, they must work their way through the criminal justice system.Someone who is convicted of drunk driving in California could face probation, jail time and fines. That person may also be forced to complete an alcohol or drug program.
A drunk driving conviction can have a serious impact on a person's life, especially if he or she is in the public eye. It is important that people understand the charges against them and the possible penalties. It is also important for people to understand the rights that they have.
An attorney is often an invaluable resource for someone who is facing DUI charges. An attorney can be sure a person's rights were not violated during a traffic stop. A legal professional can also assess the situation and determine how the accused should proceed.
Source: Los Angeles Times, "Al Michaels was slurring his speech before DUI arrest, police say," Matt Stevens, April 22, 2013
]]>Comedian Kevin Hart was recently arrested in Los Angeles for suspected drunk driving. Police claim Hart was traveling 90 mph and nearly ran into a tanker truck. Police say he was unable to perform field sobriety tests.
]]> Hart is not denying that he was drunk. In fact, he calls his arrest "a wake-up call." If he is formally charged, it does not appear that Hart will fight the charges. However, it would still be wise for him to work with an experienced legal professional. In all drunk driving cases, an attorney will work to be sure an individual's rights have not and will not be violated.In some instances, people who are charged with driving under the influence may challenge the claims. Police must have reasonable suspicion that a motorist has committed a crime in order to initiate a traffic stop. Those accused of drunk driving may argue that a police officer did not have reasonable suspicion.
People can even challenge the results of a breath test. Despite what people may think, a Breathalyzer is not always foolproof. A Breathalyzer may provide unreliable results if the device has not been properly maintained.
Facing drunk driving charges can be a frightening experience for people, especially if it is there first experience with law enforcement. People, however, should not feel totally defeated when they are charged with DUI.
Source: CNN, "Drunken driving arrest a 'wake-up' call, comedian Kevin Hart says," Ben Brumfield, April 15, 2013
]]>The alleged drunk driving incident occurred last June around 2:20 a.m. A police officer initiated a traffic stop after claiming that the man was speeding and ran through two stop lights. The driver told the officer that he was trying to get his friend to the hospital so that he could receive medical attention for a kidney ailment.
]]> At the hospital, the driver allegedly failed a field sobriety test. Police say his blood alcohol content was 0.10, just slightly over the legal limit.Because of the passenger's medical needs, officials chose not to prosecute the driver. However, his driver's license was recently suspended. The man's attorney, however, thinks the case should be thrown out entirely because his arrest was unnecessary given the circumstances.
"Police, district attorneys, judges - they're given the power to enforce the law, but some discretion should be used," the man's attorney said. "This case is a clear example where discretion should have been used."
A hearing will be held later this month to determine whether or not the arrest will be removed from the man's records.
As this case shows, a DMV hearing is entirely separate from any criminal proceedings. Based on the evidence in a case, the DMV can choose to suspend an individual's driving privileges. Even when dealing with a DMV hearing, California residents would be wise to seek legal counsel.
Source: news10.net, "Modesto man says sick friend led him to drive drunk," George Warren, April 5, 2013
]]>The incident happened earlier this week around 3 p.m. In addition to allegedly driving under the influence, police claim the 52-year-old drove into seven vehicles. He was arrested and released from custody around 11:40 p.m.
]]> The actor's son was reportedly taken to the hospital for a blood test. Blood tests are one way for law enforcement to determine a person's blood alcohol content. While less common than a breath test, a blood test may be completed after a serious accident. In some instances, a blood screening is completed when an individual refuses a breath test.Fighting drunk driving charges can be an overwhelming task for people to do on their own. Therefore, it is usually best to reach out to an attorney who has experience handling DUI cases.
As we've discussed before on this blog, a drunk driving conviction can result in serious penalties. People may be sentenced to jail and be forced to pay fines. They can also lose their driver's license for a period of time.
As with all criminal cases, people facing serious charges should not give up hope at the beginning of their case. An attorney can review a case to determine if there are any pieces that need closer examination. California residents should be reminded that criminal charges do not automatically mean a conviction will result.
Source: Los Angeles Times, "Clark Gable's son posts bail after Malibu DUI, hit-and-run arrest," Kate Mather and Richard Winton, April 3, 2013
]]>A California state senator thinks the state would benefit by allowing people to be served drinks for an additional two hours. He has proposed legislation that would allow bars in certain cities across the state to serve alcohol until 4 a.m.
]]> Sen. Mark Leno believes the extended drinking time would help the state's economy, pointing to the fact that the top earning night life venues in the country are located in cities where alcohol is served later into the night.Some people see the benefit of allowing certain venues to serve alcohol until 4 a.m. However, others are concerned that if people are given more time to drink, drunk driving rates will increase. The Los Angeles County Sheriff is opposed to the legislation. He does not think an additional two hours of drinking will benefit anyone.
Unfortunately, some people will be faced with drunk driving charges whether or not this bill is passed. Law enforcement officials in Los Angeles and beyond are eager to arrest people for alleged drunk driving. However, an arrest may not always lead to a conviction. There may be aspects of a case that need to be more closely examined.
To be sure a person's rights have not been violated, residents of California who are facing drunk driving charges would be wise to receive assistance from an experienced attorney.
Source: Los Angeles Times, "Bill could extend last call for alcohol in California cities," Patrick McGreevy, March 17, 2013
]]>People in California who are charged with driving under the influence usually must deal with a variety of issues. They may be forced to install an ignition interlock system in their vehicle and could face increased insurance rates. They could also be forced to spend time behind bars and could have their driver's license taken away.
]]> People may not think that having their driver's license taken away is a big deal. However, it could affect a person's job. Employers often aren't sympathetic when people can't show up for work.Within 10 days of a DUI charge, an individual should schedule a DMV hearing. A DMV hearing is separate from criminal proceedings and is held only to determine whether or not a person will be allowed to continue driving.
Similar to criminal proceedings, officials will consider whether or not the traffic stop was legal, whether the individual's blood alcohol content was above the legal limit and whether or not the person charged with DUI was actually driving the vehicle.
California residents often find working with an experienced attorney throughout criminal proceedings beneficial. However, an attorney can also provide assistance with a DMV hearing. Even if a case isn't dismissed entirely, an attorney may be able to minimize any potential consequences.
Source: Los Angeles Times, "First drunk-driving conviction can cost nearly $16,000 in California," Jerry Hirsch, March 14, 2013
]]>In Los Angeles alone, more than 14,600 people were arrested for drunk driving last year. Thousands of others were likely arrested for drunk driving in other cities across the country.
]]> Unfortunately, a day of celebrating can end badly when someone is arrested on suspicion of drunk driving. People would be wise to plan ahead and designate a sober driver. If no one is willing to take on that role, Los Angeles residents should rely on cabs to get around the city.People who are charged with DUI can face potentially serious consequences. However, people should not assume that an arrest for drunk driving and subsequent charges will automatically result in penalties.
People in Los Angeles should know that drunk driving charges can be fought. Law enforcement officers have to have reasonable suspicion that a person may have committed a crime to initiate a traffic stop. If it can be shown that an officer did not have reasonable suspicion, the case may be dismissed.
It would be hard for a person to quickly understand the complex criminal justice system soon after an arrest for alleged drunk driving. That is why it is often a good idea to rely on an attorney who has a solid understanding of the relevant laws.
Source: LAist, "St. Patrick's Day Weekend To Bring Police Out In Full Force," Alex James Bramwell, Lauren Lloyd, March 14, 2013
]]>When people are charged with DUI they may feel that their case is hopeless. However, a close examination of the evidence may reveal errors made on the part of law enforcement.
]]> Ricco Rodriguez, the former UFC heavyweight champion, was recently arrested in Los Angeles for allegedly driving drunk. However, a representative for the heavyweight champion says they are planning to fight the charges.Two breath tests were reportedly administered. One of the tests showed that Rodriguez was over the legal limit. However, the second test, administered just minutes later, showed that he had a blood alcohol content of 0.08.
Breathalyzers are commonly used in drunk driving arrests. However, they are not always reliable. Breathalyzers require proper calibration and maintenance. A poorly maintained device could produce unreliable results. In those instances, breath tests can be determined to be inadmissible.
A drunk driving conviction can have a huge impact on an individual's life. Because of the complexity of the criminal justice system, people in Los Angeles and those in other parts of California would likely benefit from consulting with an attorney who has experiencing defending people against drunk driving charges.
It can be a frightening and overwhelming experience when someone is charged with DUI. However, an arrest for alleged drunk driving does not necessarily mean that an individual will be faced with a conviction.
Source: Bleacher Report, "Former UFC Heavyweight Champ Ricco Rodriguez Arrested for Suspicion of DUI," John Heinis, March 6, 2013
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