Tag: Felony DUI

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

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

SUV roll-over leads to DUI charge and another man’s death

SUV roll-over leads to DUI charge and another man’s death

Shortly after midnight on a rainy Monday earlier this month, a man from San Diego lost his life when his car crashed into an SUV that had previously rolled over. Another California driver — the one who drove the wrecked SUV — is now facing a felony DUI charge. The crash resulted in delays, as traffic had to be diverted into the carpool lanes.

According to authorities, the accident occurred in rainy conditions on Interstate 15. A crash report indicates that a 19-year-old driver lost control of her SUV and slammed into the dividing barriers between the carpool lanes and southbound I-15. The impact caused the vehicle to roll onto its roof. The driver suffered serious injuries, and paramedics transported her to a hospital in La Jolla.

The California Highway Patrol report says another sedan, driven by a 42-year-old man, could not avoid the wreck and smashed into the SUV. This driver did not survive the crash, and his death was declared at the accident scene. The driver of the SUV was arrested on suspicion of drunk driving. The charges against her also include vehicular manslaughter while under the influence.

Any California driver who faces such serious allegations will likely seek the assistance of an experienced criminal defense attorney. Such a professional can examine the charges, along with the available evidence, before devising a strategy to defend the felony DUI charge. If a conviction cannot be avoided, the lawyer will likely endeavor to achieve an outcome that will limit the severe consequences that are typically associated with DUI-related convictions.

Source: Rancho Bernardo, CA Patch, “Man Killed In I-15 Wreck Identified“, May 9, 2017

When does a DUI charge become a felony?

When does a DUI charge become a felony?

When a driver in California is arrested for driving under the influence of alcohol, the seriousness of the charge will depend on whether his or her offense is seen as a misdemeanor or something more serious. Certain circumstances can elevate a misdemeanor DUI charge to a felony. The consequences of a conviction can have an adverse impact on any person’s personal and professional life, and a strong defense might be necessary.

The BAC limit in California is .08 percent, but if toxicology tests determine a driver’s BAC to be at an excessive level such as .16 or higher, he or she could face a felony charge. Also, if anybody suffers bodily harm as the result of an impaired driver’s negligence, a felony charge may follow — but only if the driver caused the injury. Prior DUI convictions can also count against an alleged drunk driver.

If a DUI offense occurs while a driver has a restricted, revoked or suspended license, the probability for the charge being elevated to a felony will be high. If authorities stop a vehicle with child passengers, and the driver is found to be impaired, he or she will likely face felony charges, which will include child endangerment. The age of vulnerable children varies from state to state.

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.

Source: FindLaw, “Felony DUI“, Accessed on May 5. 2017