Category: Drunk Driving Charges

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

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 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

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

Being polite during a traffic stop may benefit a DUI charge

Being polite during a traffic stop may benefit a DUI charge

Sometimes California drivers operate their vehicles after having a few drinks, thinking that their blood-alcohol levels are below the allowed level of .08 percent for adult drivers. The consequences could be severe if they are pulled over and arrested — even without a conviction. The manner in which a driver handles such a traffic stop may play a role in the severity of any DUI charge that is filed.

Pulling over immediately upon an officer’s command may be a good start. The driver should then switch off the engine and put both his or her hands on the steering wheel. The driver must then remain in the car until the officer asks him or her to get out. Any impoliteness such as cursing, running, using force against the officer or disobeying orders can exacerbate the situation and may count against the driver.

A driver has the right to remain silent. It may be best to be polite and follow the orders of the officer. Answering basic questions could be okay, but providing information that may be self-incriminating is unnecessary. The driver need not tell officers how many drinks he or she consumed. Nor is it necessary for the driver to explain where he or she came from and who else was there.

Even if the driver remains polite, a DUI charge may be filed. If this is a driver’s first DUI arrest, it will likely be a daunting experience, but the best step is to ask permission to call an attorney. An experienced California DUI defense attorney will explain the proceedings that will follow and can be present during questioning to ensure the driver’s legal rights are protected. If the case goes to court, the lawyer can navigate the proceedings and work toward achieving the best possible outcome.

Source: Huffington Post, “5 Things to Do If You Are Pulled Over For a DUI“, Victoria Yore, Accessed on May 19, 2017

Alleged street racer faces DUI charge after crash into porch

Alleged street racer faces DUI charge after crash into porch

When a suspected impaired driver tries to flee the scene of an accident, the charges becomes more serious, especially if there were injuries. What might have been only a DUI charge may turn out to be a felony charge — making the potential penalties more severe. Facing such charges is usually easier with the support of an experienced criminal defense attorney.

According to a report by the California Highway Patrol, an SUV smashed into a house after allegedly participating in street racing. Officers say two SUVs collided at an intersection after they appeared to have been involved in chasing each other. The impact of the collision caused one SUV to careen onto private property and slam into a porch of the residence. One of the four people who were on the porch at the time was transported to the hospital for treatment of injuries.

The CHP report further states that witnesses said the driver and her passenger ran from the accident scene. When officers located her a short while later on another street, they arrested the suspected driver and charged her with felony hit-and-run and felony DUI. Reportedly, the other driver drove away from the scene and remains at large.

Any California driver who is accused of DUI-related offenses will likely seek the support and guidance of a criminal defense attorney who is skilled in protecting the rights of a person facing a DUI charge. Only once the prosecution has proved the plaintiff’s guilt beyond a reasonable doubt can the verdict be a conviction. The attorney can examine the charges and the evidence and work toward the best possible outcome based on the circumstances, which might be achieved through negotiations or litigation.

Source: taftmidwaydriller.com, “SUV crashes into porch, injures woman“, Doug Keeler, April 27, 2017

Defending a DWI charge may not be what this driver anticipated

Defending a DWI charge may not be what this driver anticipated

A 20-year-old California woman was admitted to a hospital with serious injuries that she suffered in an alleged drunk driving crash. The young man who is deemed responsible will likely be exploring his options for defending a DWI charge after his arrest in the early morning hours of a recent Wednesday. He pleaded not guilty at a subsequent court appearance.

According to a report by the San Diego police, the crash occurred just after 3:30 a.m. on a local road in Serra Mesa. It is alleged the 20-year-old driver lost control of the van in which he and five passengers were speeding. He allegedly smashed into the sides of two parked vehicles before jumping a curb and crashing through a fence. The van came to a halt when it crashed into a tree. As the van burst into flames, all the occupant tried to flee on foot.

However, officers who responded to the crash detained all six of them. They transported one 20-year-old female passenger to the hospital for treatment of serious injuries. Police say they took the driver into custody, and he was held on bail of $100,000. Reports indicate no prior record for the young man, who has a full-time job.

Any young adult who faces criminal charges will likely seek the services of an experienced attorney for defending a DWI charge. With the support and guidance of a skilled California DWI defense lawyer, the severe consequences that come with a criminal conviction may be avoided. An attorney will endeavor to achieve the best possible outcome by negotiating a plea deal, if such an offer is on the table, or in litigation if the case goes to court.

Source: San Diego, CA Patch, “San Diego Man Pleads Not Guilty To DUI Charge: Police“, Randy Miller, April 21, 2017