Sunday, March 28, 2010
A Los Angeles city official was arrested on DUI charges stemming from a traffic stop over the weekend. As is often the case, the official, City Administrative Officer Miguel Santana, was pulled over for speeding and that invariably led to the officer detecting an odor of alcohol and then a series of field sobriety tests after which he was arrested. This incident is similar to a score of recent arrests involving city officials in the Los Angeles area. The arrest was made by the CHP or California Highway Patrol.
Wednesday, March 17, 2010
An Orange County California man has been charged in the death of a motorist on a popular and well traveled toll road, officials said Wednesday. According to the District Attorneys office, Richard Ernest Caselli, 37, was driving at speeds exceeding 100 mph on the toll road when he crashed into an SUV on Oct. 16, 2009. The impact of the vehicle crash ejected the driver of the SUV, and Caselli showed signs that he had been drinking, according to police at the scene.
California law proscribes drinking for anyone under age 21. The law of drinking and driving for under 21 drivers makes it an infraction to have under .05 in your body while driving, this is VC 23140. Another law, known as zero tolerance is VC23136, it states that no person under 21 shall have a .01 or higher in their body while driving. The distinction is VC23140 carries 2 points, 23136 does not and 23140 requires completion of an alcohol class. Underage DUI charges also have different proof issues as compared to adult criminal charges, a lawyer should be consulted for the specifics. Your comments please.
Tuesday, March 9, 2010
California's APS suspension dictates that a person's license be suspended upon service of a notice of suspension. However, the law is often not followed when it comes to the requirement that the police officer give notice of the order. In DUI cases this crucial element can be a person's saving grace.
Sunday, March 7, 2010
For ages DUI defense attorneys argued in most every DWI case that their client's BAC was rising at the time of the car stop and therefore the test back at the station was higher than the true level at the time of driving. This mantra paved the way for many acquittals at trial. The latest in law enforcement is "at the scene" testing of both breath and blood with the utilization of mobile testing units that have nurses to draw blood at the roadside and approved breath machines that collect a sample of the drivers breath. This new model for BAC collection may change the way many attorneys defend cases.
Friday, March 5, 2010
As a DUI Lawyer that deals with DUI laws in California I am often asked what a SR-22 is in relation to a conviction or DMV suspension. An SR-22 is an official proof of insurance that is provided electronically to the DMV to satisfy the requirements for a restricted or full drivers license.
With ever greater punishments being enacted by our state legislature maybe it is time to look at the diversity among counties as to the specific sentences given for first time DUI offenders. For example, in Ventura County their is a mandatory 2 days jail on 1st offense, in Los Angeles no jail is usually given, is the differences in criminal sentences a Equal Protection issue? Your comments please.