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Drunk Driving Laws In California… Tough Enough?

Drunk Driving Laws In California… Tough Enough?

On behalf of Earl L. Jiang, Attorney at Law posted in Felony DUI on Monday, August 15, 2017.

LA Weekly found that a third of traffic fatalities in California could be blamed on DUIs, according to the National Highway Traffic Safety Administration.

Such disasters and tragedies are only accented by the fact that according to WalletHub’s analysis, “Strictest and Most Lenient States on DUI” the Bear Flag Republic ranks highly as one of the inflexible, determinable, and touch consequences for those earning the ire of the law. Such statistics supporting California’s ranking included being first in the country for average insurance rate increases for DUI drivers, fifth for jail time, and sixth for suspension of driver’s licenses.

Advocacy groups such as Mothers Against Drunk Driving, however, have continued to be extremely active in the pursuit of more strict and punishing regulations. The group has suggested additional checkpoints and expanded reasons, writ, and actions in driver’s license revocations. In contrast to WalletHub’s relatively strong rating of California’s stance, Mothers Against Drunk Driving has given the state only 3.5 out of 5 stars for its policies against drunk driving.

Further suggestions provided by the group have been to support the mass adoption of ignition-interlocks and to make driving drunk with a child passenger a felony.

Any California driver whose DUI charge has been elevated to a felony charge will likely explore the defense options. The logical step might be to consult with an experienced DUI defense attorney who can examine the charges and the evidence and explain the potential consequences. However, it is possible to successfully defend such charges, and even if the lawyer cannot get the charges dropped, he or she will work toward the best possible outcome.

The political movement towards more complex and tangled DUI laws require an experienced attorney to navigate them.

Source: Laweekly.com, “Are California’s Strict Drunk Driving Laws Tough Enough?“, Accessed on August 15. 2017

DUI charges will occur in a tragedy involving 6 on highway 10

DUI charges will occur in a tragedy involving 6 on highway 10

On behalf of Earl L. Jiang, Attorney at Law posted in Drunk Driving Charges on Sunday August 6, 2017:

A mother of two was severely injured when a white Nissan rammed into her vehicle on August 5th. She had pulled over to the side of the road to account for an overheating Honda’s engine and was receiving aid from a good samaritan in a pick up truck before the impact.

Impact threw the pickup truck across the highway, and “crushed the backseat” of the Honda, causing the deaths of two children in the backseat. The crash momentum also killed the good samaritan, and the mother of two’s mother who had gotten out to take a look at the engine.

The police told news agencies that they found open cans of beer in the Nissan, and that the Nissan’s driver had been taken to the hospital to await a toxicology report. He has refused to speak to police.

In such tragedies, experienced legal counsel is needed for all parties to seek a fair, just, and equitable resolution.

Source: time.com, “http://time.com/4888933/accident-on-10-freeway-dui-4-dead/“, Lisa Marie Segarra, August 5, 2017

DUI charge may follow fiery 3-vehicle crash in Los Angeles

DUI charge may follow fiery 3-vehicle crash in Los Angeles

Three vehicles were involved in a crash that a person who heard the collision described as the worst he had ever experienced. He said it sounded like cars crashing into a brick wall. He was there when police arrived at the scene of the accident in California that may lead to one driver facing a DUI charge.

Los Angeles police arrived shortly after 2 a.m. on a recent Thursday. Officers reported that, after sideswiping a sedan, a speeding muscle car crashed into an SUV — propelling it into a tree. The muscle car continued ahead but burst into flames, trapping three occupants inside. The driver of the SUV that smashed into the tree was declared dead at the accident scene. She was a woman who was reported to have been in her 40s.

Officials say the driver of the car that was sideswiped was uninjured, but two of the occupants who were in the burning car were seriously injured, and the third person was in a critical condition. Police believe the driver of this car was impaired by alcohol and/or drugs. No mention was made of an arrest; however, police reported that the investigation was ongoing.

Any California driver who is suspected of driving under the influence may consider looking into defending a potential DUI charge. Such a charge could be very serious if there were loss of life in the accident. An experienced DUI defense attorney will be able to assess the circumstances and suggest the most appropriate way to proceed.

Source: NBC Los Angeles, “Driver Suspected of DUI in Deadly Winnetka Crash“, July 13, 2017

California mother faces DUI charge after crash with kids in car

California mother faces DUI charge after crash with kids in car

Impaired driving can have devastating consequences, not only for the victims of a resulting accident but also for the drunk driver. A 25-year-old California driver will likely be exploring her options for defending a DUI charge after her arrest on a recent Monday. She is facing a charge of suspicion of drunk driving.

According to a California Highway Patrol report, the woman’s arrest took place shortly after 3 a.m. on a recent Monday. Authorities say the woman drove a pickup truck in which she also had three children. She allegedly lost control, causing the vehicle to crash into a fence and then a concrete wall of a house in Spring Valley.

The driver’s serious injuries included a fractured nose and vertebrae, while her 7-year-old daughter — who was a front-seat passenger — suffered critical injuries that needed surgery. Her other two children were seated in the back, and they were more fortunate. The 3-year-old girl suffered no more than minor injuries, and the 5-month-old boy was not injured at all.

Officers claim that the baby was in a car seat that was not correctly installed, and the older children’s seat belts were not secured. The driver and her older daughter were both hospitalized. The most appropriate step for any California driver who is facing a DUI charge would be to retain the services of an experienced drunk driving defense attorney. A lawyer can examine the charges and the evidence before devising a defense strategy. He or she can protect the accused driver’s rights and work to achieve the best possible outcome under the circumstances.

Source: 10news.com, “Woman suspected of DUI in crash that injured her kids“, Jermaine Ong, Allison Horn, July 3, 2017

DUI charge follows death of passenger in fiery Highway 99 crash

DUI charge follows death of passenger in fiery Highway 99 crash

Officers of the California Highway Patrol are trying to trace the steps of a driver in the hours leading up to a fiery crash. The 35-year-old driver, who admitted to having been consuming alcohol before taking to the road, will face a felony DUI charge and more when he is booked upon his release from the hospital. He suffered serious internal injuries in a wrong-way crash on a recent Monday evening.

While monitoring Caltrans roadworks at about 11:30 p.m., CHP officers saw a northbound sedan enter the southbound traffic lanes on Highway 99. After traveling several miles, they say the car smashed head-on into another vehicle, causing that vehicle to roll over. The 30-year-old driver of that car was rushed to a hospital with severe internal injuries.

The car continued in the wrong direction and struck a second vehicle after crossing two traffic lanes. A 33-year-old driver whose minor injuries were treated at the accident scene drove that car. This second collision caused the northbound car to roll over before it burst into flames on the shoulder of the road. Although rescue workers managed to extricate the driver, they failed to save the life of his passenger — a 31-year-old California man.

When a California driver is accused of drunk driving and causing the death of another person, he or she will likely realize the gravity of the situation. In such circumstances, an experienced criminal defense attorney who can examine the charges and the evidence against the driver will best serve his or her interests. Until the prosecution can prove guilt beyond a reasonable doubt, the DUI charge will remain an allegation.

Source: mercedsunstar.com, “One dead, two injured in fiery drunken driving crash in Merced County“, Rob Parsons, June 27, 2017

DUI charge follows rear-end crash that kills high school senior

DUI charge follows rear-end crash that kills high school senior

Three seniors of a high school in California were on their way home from Grad Night in the early morning hours of a recent Thursday. Reportedly, their car was stationary at a red light when another vehicle struck it from behind. The impact caused them to smash into another vehicle behind which they were stopped. Officials say one passenger received medical treatment at the scene, and the second passenger along with the driver was rushed to a hospital while the other driver faces a DUI charge.

The two passengers’ injuries allowed them to attend their graduation the following day while the 18-year-old driver remained in intensive care. Sadly, he only survived until the following Monday, when he succumbed to the injuries he suffered in the crash. According to the California Highway Patrol, a 27-year-old man drove the vehicle that rear-ended the car the seniors were in.

Officers say the driver of that vehicle was arrested and charged with suspicion of impaired driving and booked into a Ventura jail. He was subsequently released to await a future hearing. However, since the death of the teenager, the accused man may now have to face charges of vehicular manslaughter.

Any California driver who faces a DUI charge may choose to secure the support and guidance of an experienced DUI defense attorney as soon as possible. A lawyer can examine the charges and the evidence, including the alleged BAC level of the driver and the procedures used to determine that. Any person accused of a crime remains innocent until — and if — the prosecution can prove guilt beyond a reasonable doubt.

Source: thecamarilloacorn.com, “Rio Mesa senior killed day before graduation“, Daniel Wolowicz, June 23, 2017

5 injured, driver accused of driving under the influence

5 injured, driver accused of driving under the influence

Five people, including three children, were hospitalized after an accident on a recent Tuesday afternoon. The driver of the car was the only occupant who did not suffer serious injuries. Officers who suspected she was driving under the influence of alcohol arrested the driver.

While the California Highway Patrol is seeking witnesses to provide more information about the incident, their preliminary accident report indicates that a 28-year-old woman from Santa Paula was eastbound on Highway 150 when she lost control of her vehicle. The car crashed into a wall not far from a school shortly before 6 p.m. Two adults and three children who were passengers in the car were injured.

A 3-year-old girl and a 5-year-old boy reportedly suffered moderate injuries, while a 6-month-old girl’s injuries were described as major. Another victim with major injuries was a 21-year-old male, and a 29-year-old woman suffered moderate injuries. All the injured victims were transported to hospitals in the area. CHP further reported that they suspect two of the kids in the car were unrestrained when the accident occurred.

The driver was arrested on suspicion of driving under the influence. CHP booked her into Ventura County jail where she is facing felony DUI charges. However, authorities say the accident investigation is ongoing. Whenever a California driver is accused of drunk driving, his or her most appropriate step might be to secure the services of an experienced DUI defense attorney who can launch an independent investigation to determine the true facts of the case. Based on this information, the lawyer can launch a defense during which the evidence presented by the prosecution can be challenged.

Source: vcstar.com, “Santa Paula woman arrested on suspicion of DUI after crash into a wall“, John Scheibe, June 14, 2017

Alleged wrong-way driver may seek support defending a DWI charge

Alleged wrong-way driver may seek support defending a DWI charge

A fatal wrong-way crash recently led to accusations of intoxicated driving. A 30-year-old California nurse’s assistant may be seeking legal counsel to help with defending a DWI charge after the accident. The driver is suspected of driving while impaired when he traveled west against traffic heading east in Fontana on the 10 Freeway.

A report issued by the California Highway Patrol indicates that the crash occurred in the early hours of a recent Sunday morning. Reportedly, the suspected drunk driver collided with an eastbound car, causing it to spin out of control into a vehicle in another lane. The driver of the second car apparently suffered critical injuries, and paramedics rushed her to a medical center; however, she later succumbed to her injuries. She was believed to have been a 38-year-old woman from Hemet.

The seriously injured wrong-way driver was also transported to a hospital. He was later arrested and booked into jail on suspicion of driving while impaired and vehicular manslaughter. Bail was set at $250,000, and he was released three days later. It is unclear whether bail was paid.

Being accused of vehicular manslaughter is a serious charge, and a conviction could have devastating consequences for the future of any person. However, until — and if — the prosecution can prove an accused individual’s guilt without a reasonable doubt, he or she will remain innocent. Defending a DWI charge with the help of an experienced criminal defense attorney may help one mitigate any potential penalties. A lawyer can investigate the charges and the evidence before devising a defense strategy to achieve the best possible outcome.

Source: sbsun.com, “Redlands man accused of DUI in fatal wrong-way crash on 10 Freeway in Fontana“, Beatriz Valenzuela, June 6, 2017

Is testing for driving under the influence of marijuana reliable?

Is testing for driving under the influence of marijuana reliable?

California and other states that have decriminalized the recreational and medicinal use of marijuana still have laws against driving while impaired. However, the standards for marijuana impairment are still evolving, and many questions about driving under the influence of pot exist. Currently, California law enforcement uses both observed and chemically tested impairment as the basis for charges of marijuana DUI.

Field tests may allow trained officers to judge driver impairment based on personal observations. However, the reliability of this method is questionable. Although officers receive advanced training in identifying many indicators of pot impairment, many may not have mastered the skills required to make accurate observations.

Chemical testing involves measuring the active tetrahydrocannabinol (THC) in the driver’s blood. Multiple problems exist with the tests, including the fact that, although no legal limit has been set as for drunk driving, many drivers are charged when their blood test results show THC exceeding 5 nanograms. Compared to blood/alcohol testing, testing for cannabis can be inaccurate because THC will show in a user’s blood for months. Furthermore, the two to three hours it typically takes to get a blood test completed may not provide reliable results.

Law enforcement personnel in California use a device similar to a Breathalyzer that tests drivers for several drugs, including marijuana. Another test requires the officer to take a swab sample from inside the driver’s cheek to check for drug presence on the spot. The fact remains that there is no legal limit against which to measure the THC level in a driver’s system. The best step for California drivers who are accused of driving under the influence of pot might be to consult with a DUI defense attorney experienced in handling these types of criminal cases.

Source: cannabisnow.com, “5 Questions About ‘Weed DUI’ Answered“, Rachel O’Connor, May 30, 2017

Man accused of driving under the influence, causing miscarriage

Man accused of driving under the influence, causing miscarriage

Any driver who is suspected of impaired driving in California could face the wrath of the law. When a person who is suspected of driving under the influence causes a crash that leads to the serious injury or death of another, his or her first consideration would likely be to engage experienced legal counsel. Although it may be challenging to defend a DUI charge, it is possible.

According to California Highway Patrol, a 40-year-old Santa Rosa man was arrested in Sonoma County on the late afternoon of a recent Monday. Officers say the man was eastbound on Highway 12 when he allegedly veered across the center, entering the westbound traffic lanes. Reportedly, his vehicle collided head-on with a vehicle traveling west.

The driver of that car, a 33-year-old woman, was over halfway through her pregnancy, and sadly miscarried as the result of the collision. Paramedics rushed both drivers along with a 27-year-old female passenger of the alleged drunk driver to a hospital. However, the man was arrested before CHP released him to the hospital. An officer said they had reason to suspect the male driver of being impaired by drugs at the time of the crash.

Any California driver who faces accusations of driving under the influence may benefit from securing the services of an experienced DUI defense attorney. Having a skilled lawyer who knows the ins and outs of defending such charges can be a significant asset. An attorney can examine the charges and the evidence before devising a defense strategy, aimed at achieving the best possible outcome under the particular circumstances.

Source: Rohnert Park, CA Patch, “Woman Miscarries After Hwy 12 DUI Crash: CHP“, May 24, 2017