Category: Felony DUI

Felony DUI Charges After 5 Injured in a Crash

Felony DUI Charges After 5 Injured in a Crash

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On behalf of Earl L. Jiang, Attorney at Law | Posted in Drunk Driving Charges on Tuesday, June 20, 2017.

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.

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

Whenever a California driver is accused of drunk driving, the 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.

Driving Under Marijuana Influence

Driving Under Marijuana Influence

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On behalf of Earl L. Jiang, Attorney at Law | Posted in on Wednesday, June 7, 2017.

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 marijuana influence exist. Regardless of these questions, DUI Driving under the influence of marijuana is a crime in California.

Currently, California law enforcement uses both observed and chemically tested impairment as the basis for charges of marijuana. 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 marijuana influence is 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

Santa Rosa DUI Driver Causes Miscarriage

Santa Rosa DUI Driver Causes Miscarriage

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On behalf of Earl L. Jiang, Attorney at Law | Posted in Felony DUI on Tuesday, May 30, 2017.

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.

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

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.

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