Run a search of the Orange County Register articles this summer on DUIs and you will learn that a woman suspected of DUI drove her car into Newport Bay, you will read about DUI crashes, some involving injury, and you will also read about DUI drivers who caused the death…
Orange County DUI Lawyer Blog
THE UNEXPECTED DUI
The news of the DUI arrest of Paul Pelosi, Nancy Pelosi’s husband, has been splashed all over the news this week. Mr. Pelosi was arrested for driving under the influence of alcohol after his Porsche was hit by another vehicle. Fortunately, the collision was minor, and no one was hurt…
CAUSING THE DEATH OF ANOTHER WHILE DRIVING UNDER THE INFLUENCE AND IMPLIED MALICE
Mr. Tev, while intoxicated, was driving his vehicle on the wrong side of the road at a high rate of speed. He crashed head-on into a car traveling on the road, killing the driver of that vehicle. Mr. Tev was charged with second-degree murder among other offenses. Mr. Tev had…
THE FINAL WORD IS IN: MISDEMEANOR DIVERSION IS NOT AVAILABLE FOR DUI DEFENDANTS
On again, off again. There has been much confusion surrounding diversion for misdemeanor DUIs. You may have read my earlier post where I discussed the differing opinions in the county superior courts. If not, a brief recap is as follows: On January 1, 2021, a new law took effect which…
WHAT HAPPENS IF I AM ARRESTED FOR DUI WHILE ON A NON-IMMIGRANT VISA?
For foreign nationals living or visiting the United States on a temporary basis, a DUI arrest has consequences that may affect the individual’s right to enter the U.S. in the future. A non-immigrant visa holder faces the same legal consequences that citizen or permanent resident faces after DUI arrest, but…
REASONABLE SUSPICION STANDARD ON A DUI TRAFFIC STOP
Driving on a residential road, Ms. Binkowski approached a stop sign. She stopped, but her front tires were slightly over the limit line. A patrol officer observed this violation of Vehicle Code section 22450, which requires a driver approaching a stop sign to stop at the limit line. (Bet many…
DRIVERS EXPERIENCING THE ONSET OF A MEDICAL EVENT MAY MIMIC DRIVING UNDER THE INFLUENCE
It’s been a while since I have written about the use of drug recognition experts. Drug recognitions experts or DREs are law enforcement officers who are specially trained and certified to recognize symptoms of drug intoxication in drivers. When a driver is stopped and there is suspicion that the…
CAN YOUR SELF-DRIVING CAR BE YOUR DESIGNATED DRIVER?
Several years ago when self-driving cars were still in the experimentation phase, I wrote a blog speculating on the effect self-driving cars may have on DUI laws. Now that self-driving cars are becoming more commonplace, especially in Southern California, we are about to find out. I have an acquaintance who…
Is Penal Code Section 1001.95 Diversion Available to DUI Defendants?
In September 2020 Assembly Bill 3234 was enacted adding Penal Code section 1001.95 to California law. Section 1001.95 became law on January 1, 2021. Section 1001.95 allows a judge, at his or her discretion, to order a pretrial grant of diversion to a defendant charged with a misdemeanor. The diversion…
ATTEMPTED DUI
Yes, Virginia, there is such a crime. After leaving a bar, Mitch found his car had a flat tire. Although he was somewhat inebriated after drinking three beers, he was able to jack up his car, remove the lug nuts and replace the flat tire with his spare. As…