Articles Posted in DUI

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On Saturday, Lance Corporal Robert T. Austin was driving on the I-15 in Escondido. He got into a small fender bender accident with a nearby car, that caused Austin’s car to spin out of control. Austin and the passengers got out of the car and seconds later, another car crashed into Austin’s stalled car and Austin was knocked off of the freeway and down an embankment. The driver then fled.

Soon after, a third car hit the second car that had been abandoned on the road, causing the passenger of the third car to be killed instantly. Austin was taken to the hospital where he was pronounced dead. The driver of the second car, Oscar Tinoco, was found and arrested on suspicion of vehicular manslaughter, felony driving under the influence and felony hit-and-run.

Multi-car accidents occur all the time. Unfortunately, they are often caused by drunk drivers. If you are planning on drinking, find a designated driver to take you home. If Tinoco is convicted of all of these charges, he may spend the rest of his life in prison. Regardless if you live in Orange or Irvine, if you are involved in a DUI accident, call an experienced DUI defense attorney right away to assist you.

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Governor Arnold Schwarzenegger signed two bills this week, that will toughen penalties for DUI offenders in some cities. According to one of the bills, a pilot program will be launched in Alameda, Los Angeles, Sacramento and Tulare, that will require people convicted of driving under the influence to install ignition interlock devices in their cars. These devices would require the driver to breathe into a tube on the device, which would test the driver’s blood alcohol level. The car would not start if the driver had a blood alcohol level of .08% or higher.

The other bill will allow repeat DUI offenders to apply for a restricted license if they install the ignition interlock device. About 50-75% of people who get their licenses revoked for a DUI, still drive, so this would make it easier for them to get a license and would give them an incentive to use the new device.

In New Mexico, this program has been implemented since 2003 and they have noticed a 22% decrease in alcohol related fatalities. Proponents say this will be the same result in California. Opponents question the effectiveness of the devices. I think this is a great way to reduce repeat offenders from driving while intoxicated, but I too question the effectiveness and the false positives that could result from the device.

Whether you live in Mission Viejo, Brea or Anaheim, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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Last week, Michelle Niemiec was driving with her children around 2 p.m. She ran a stop sign in Lakeside and crashed into a dirt embankment. She and her children were badly injured. Niemeic broke both of her ankles and her three children all had injuries that needed medical attention. Allegedly, Niemiec had not been wearing her seat belt at the time of the accident. After being released from the hospital, she was arrested on suspicion of driving under the influence of a controlled substance. Niemiec is expected to be charged with felony DUI and child endangerment.

It is quite obvious that if you drive while under the influence of alcohol or drugs, you are likely to injure someone or yourself. Since Niemiec was driving her children around, she should have known better than to drive while under the influence. Since she did drive while under the influence, she is now facing child endangerment charges because her children were injured while under her supervision. If convicted of both charges, Niemiec may face jail time. Whether you live in Orange, Huntington Beach or Aliso Viejo, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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Last week, around 2 a.m., a blank Infiniti driven by Ryan Dewindt rear-ended a Mustang driven by Victor Ontiveros. Both cars were trying to get off the exit and after being hit, the Mustang crashed into a tree near an apartment building. Police were called and after the men were questioned, officers noticed that both men were intoxicated. They were both arrested on suspicion of driving under the influence. Ontiveros may also be charged with obstructing an officer’s duty because he refused to get out of the car after the accident.

What are the odds of two drunk people running into each other? It seems rare, but it’s probably common at that time of night. These men were likely released after they sobered up and will face fines, license suspension and restitution for the damage caused to the cars. Whether you live in Tustin, Santa Ana and Orange, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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Earlier this week, police arrested Brawley King Nolte for suspicion of driving under the influence and possession of a controlled substance. Nolte was driving through Santa Monica, when he struck another vehicle as he was trying to change lanes. When officers arrived, they noticed Nolte exhibiting signs of impairment so they issued field sobriety tests. Nolte was arrested, taken to jail and then released on $5,000 bail.

Brawley Nolte’s father, Nick Nolte, is a famous actor who has battled alcohol and drug problems. In 2002, he received a DUI and then checked himself into a hospital for alcohol counseling. Hopefully, Brawley learns from his mistake and is not arrested again for a DUI. A first time DUI comes with fines and a license suspension. A second DUI comes with stiffer penalties. Whether you live in Fullerton, Huntington Beach or Laguna Woods, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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A Marin County couple wanted to avoid getting another DUI over the weekend, so they gave their keys to a 13-year-old boy and asked him to drive them home since they were drunk. After driving for a little while, the boy got scared and stopped the car on the side of the road. Police saw the stalled car and went over to find out what was going on. The woman was arrested and charged with a misdemeanor count of child endangerment and contributing to the delinquency of a minor.

If you are drunk and you need to get home, get a designated driver to take you home. Even when severely intoxicated, most people should know that people under 16 are not legally allowed to drive. Call a taxi cab or a designated driving service if no one in your party is sober enough (or old enough) to drive you home. Instead of this woman getting a DUI, she now faces child endangerment charges which are much worse.

Whether you live in Villa Park, Lake Forest or Irvine, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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Last month, Mel Gibson’s attorney filed a motion to dismiss Gibson’s no contest plea to his 2006 DUI charge. Gibson’s 2006 DUI arrest was memorable because of the anti-Semitic comments made to the police officers that arrested him. Gibson’s sentence for the DUI was three years of probation, fines of over $1,300, 11 months of Alcoholics Anonymous and three months of an alcohol abuse program.

A dismissal motion may be filed by the defendant if all probation conditions are met (California Penal Code section 1203.4). After filing the motion, there will be a hearing where Gibson will plead not guilty. After the plea, the judge can then decide if the charges will be dismissed or not. The judge looks at the fulfillment of probation conditions, the defendant’s progress and his criminal history, among other things, in determining whether to dismiss the charges or not. The hearing will occur sometime this week.

Whether you live in Orange, Newport Beach or Fullerton, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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This weekend in Danville, a 23-year-old man was driving drunk on Interstate 680 around 1 a.m. A tow truck operator was working on a car on the side of the highway, when Kevin Dubrall crashed into the back of the tow truck. Dubrall suffered cuts to his head and arm and the tow truck driver received back injuries, although he was not hit by the car or truck. After being released from the hospital, Dubrall was arrested on suspicion of felony driving under the influence.

A normal DUI without any damages will be a misdemeanor. A felony DUI is received if there were damages or injuries or if the suspect had prior driving under the influence charges. Sentences can vary from no jail time to a couple of years in prison. Regardless if it is a misdemeanor or felony, a DUI comes with fines, license revocations and alcohol classes.

Whether you live in Irvine, Santa Ana or Brea, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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In July of this year, comedian Artie Lange was pulled over while driving in New Jersey. Officers thought he looked intoxicated and tests revealed that he was under the influence of sleeping pills. He was arrested and charged with driving under the influence. He plead guilty to driving under the influence of a habit producing drug and was fined $664, had his license revoked for a year and has to take an intoxicated driver’s program. Lange’s attorney claims he plead guilty to avoid the media interfering.

A person can be charged with driving under the influence if they are under the influence of a prescription drug. It is irresponsible to be driving under the influence of a drug that is known to cause drowsiness or loss of coordination. If you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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In June of last year, a Los Angeles County Sheriff’s Department deputy was driving his county issued Chevrolet SUV in the middle of the night, while under the influence of alcohol. Deputy Robert Andrew Moran crashed his car into another car at the intersection of Beach Boulevard and Garden Grove, injuring the driver and passenger of that car. He was charged with driving under the influence causing injury and driving under the influence with a blood alcohol level of about a .08%. He plead no contest to these misdemeanor charges and, this week, was sentenced to home confinement for six months. Additionally, he was put on probation for 3 years and required to enroll in a three-month DUI first offender program. He was placed on unpaid leave from the Sheriff’s department after the incident, but will seek reinstatement after confinement is over.

Normally, the punishment for a first time DUI includes: fees, probation and alcohol education classes. It seems that Moran was punished quite severely for a first time DUI offense in that he also was given home confinement. It is likely that the District Attorney wanted to prove that everyone gets punished for violating laws, including officers. Whether you live in Santa Ana, Aliso Viejo or Laguna Beach, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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