Articles Posted in DUI

According to Mothers Against Drunk Drivers, DUI drivers across the nation (and by extension in Orange County, California) have driven drunk 87 times on average before they are finally arrested.

So when I hear from people that they have NEVER driven drunk before they were arrested, I’m skeptical. What this means to Orange County residents, whether living in Newport Beach, Irvine, Orange, Fullerton or Santa Ana, is that the person at the side of the road being questioned by the police, particularly later in the evening, has likely avoided this scenario over 80 times in the past.

A person charged with DUI in Orange County has the right to due process and should hire a capable DUI attorney who practices in Orange County and knows all the courts well. There are many instances when the police simply get it wrong when they make an arrest.

An example of this are the Field Sobriety Tests. This is a collection of “divided attention” tests that police officers are supposed to give to suspected DUI drivers in Orange County. But the tests are subjective. That is, they are given by the officer and the “results” are interpreted by the officer anyway the officer sees fit. If he or she thinks a person should be able to stand on one leg for 30 seconds, but can’t, the officer can include that “failure” as part of their subjective, personal belief that the driver is DUI. That is one of many reasons that a person charged with DUI in Orange County should call a qualified, experienced DUI attorney who handles cases from Fullerton, to Irvine, to Westminster and Santa Ana.

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In Orange County, as in virtually every other county in California, if you leave the scene of an accident, you will be charged with violating 20002 VC. If you leave the scene of an accident and you are DUI, you could face some serious jail time.

The driver of the car in an accident in Santa Ana, California decided he couldn’t stick around to face arrest, so he took off. What an honorable fellow! Fortunately for him, none of the people in the car he hit were seriously injured. Unfortunately for him, the police caught him and threw him in jail. He will need a good lawyer who handles difficult DUI cases in Orange County.

Whether he’d been caught in Santa Ana, or Fullerton, or Newport Beach or Irvine, he’d still be facing DUI hit and run charges. What if he was working as a driver and was operating under a commercial driver’s license? Well, the DMV would take his license for a year, not one day sooner. He would be looking at additional penalties.

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In a continuing effort to get drunk drivers off the road and educate others about the risks, the Orange County, California Sheriff’s Department set up numerous DUI checkpoints over the Fourth of July weekend, making many arrests.

Using a light-hearted approach, deputies conversed with passing motorists, conducting enforcement stops and making arrests.

DUI checkpoints in Orange County represent a effect tool for police, but carry risks as well. The law in this area of DUI defense is complex. Law enforcement officials setting up DUI checkpoints in Orange County, California have to comply with a complex set of rules, even allowing drivers an opportunity to avoid the checkpoint itself.

A qualified Newport Beach, California criminal defense attorney will always demand to see the checkpoint “packet” through a discovery request. This trove of information will tell the lawyer whether the law was complied with or if his client may have a legal defense to the DUI charge.

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Orange County Sheriff’s deputy Erin Guidice plead no contest to a DUI accident committed on April 15, as reported in the Orange County Register today.

Apparently, she rammed her car into the back of another car. Her blood alcohol content was nearly twice the legal limit at the time of the collision.

I can only imagine how embarassed she must be. Having recently been promoted to head up the Orange County Sheriff’s Harbor Patrol division, she was reassigned to the jail two days after the accident. According to the Orange County Superior Court website, she didn’t admit to an accident, making me wonder whether the DA’s office dismissed that separate allegation.

So the question is this: Did she get a better deal than the average Irvine, California citizen who pleads guilty before the judge at Harbor Justice Center in Newport Beach? What if she had hired a qualified DUI defense attorney to represent her? Would she have gotten a better deal?

Perhaps she can look to the mercy of the Sheriff’s department. The article doesn’t mention that she was suspended without pay. The accident was three months ago but it’s “under review”. What does that mean? Three months for a review? The Irvine Driver’s Safety office of the California Department of Motor Vehicles will give someone a police report if they schedule an Administrative Hearing within 10 days, so there should be no reason for delay on a consequence.

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It’s very fortunate for the driver of a hit and run vehicle in Laguna Beach that he didn’t kill anyone today. Apparently, he lost control of the vehicle on Coast Highway in Laguna Beach, hit three parked cars and ran off on foot before being captured by police.

If he had hit and killed someone he would have faced murder charges or possibly vehicular manslaughter. The sentence for DUI murder is a life term, turning one tragedy into two.

Now, the driver faces DUI charges, along with felony hit and run charges, upping his exposure from simple fines and an alcohol program to a potential state prison commitment. The question of punishment is a complex one, based upon a person’s prior record as well as their personal background, education, contributions to the community and the facts of the case before the court.

The L.A. Times is reporting that an Orange County sheriff’s official has been charged with two counts of DUI after causing a car accident in Irvine in April.

Irvine police arrested Lt. Erin Lorraine Guidice, after she crashed into the back of another car stopped at a red light on Jamboree Road in Irvine.

At time, she was driving an unmarked Orange County Sheriff’s Department vehicle and when police arrived at the scene, Guidice had slurred speech, bloodshot and watery eyes and had trouble keeping her balance during a sobriety test. She had a blood alcohol level of 0.14%, or nearly twice the legal limit, according to authorities.

If convicted, she faces a maximum sentence of six months in jail.

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Former Warrant lead singer Jani Lane was arrested late Wednesday night in Woodland Hills, California on suspicion of DUI. In addition, Lane, also owes $121,024 in federal income taxes, records show.

Lane was involved in a fender bender in Woodland Hills, when he allegedly hit a parked car. When Van Nuys police arrived at the scene, Lane he showed signs of intoxication. He was arrested and booked for misdemeanor DUI and was released the Thursday next morning on $30,000 bail.

Lane left Warrant in 2002 to pursue a solo career. He released a solo album, “Back Down to One”, in 2003, but shortly after was admitted to a rehab center for alcohol and drug-related exhaustion. He also appeared on VH1’s reality series “Celebrity Fit Club.”

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The Orange County register is reporting that the Placentia police are setting up a checkpoint Saturday night focusing on drunk drivers and drivers without licenses.

The Police Department timed the checkpoint to coincide with graduation parties but did not did not reveal a location. Generally in order for DUI checkpoint stops to be constitutionally valid, police must reveal that there is a checkpoint planned and where it is located. It will be interesting to see if any of the arrests made at the checkpoint are challenged on these grounds.

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KTLA news is reporting that actress Lori Petty was arrested on suspicion of felony drunk driving and booked into the Van Nuys jail early Sunday morning.

According to police reports, the 45-year-old actress was driving in Venice Saturday night when she allegedly struck a skateboarder. The skateboarder only suffered minor injuries. He was treated at the scene and released.

Best known for her roles in “A League of Their Own” and “Point Break,” Petty was arrested on suspicion of driving under the influence and booked. She spent about five hours in jail before posting $100,000 bail.

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According to web reports, California Law Enforcement was alerted by a Merced resident of a car that had hit a concrete fence and was fleeing the scene–riding on three flat tires.

Police responded to the tip and stopped a flat-tired vehicle. When they questioned the driver, Sean Guevara, he admitted to having switched places with Nikki Munoz, who was driving at the time of the accident. Both were arrested for suspicion of driving under the influence in California.

It is a crime to drive a car in California with a blood-alcohol concentration, or BAC, is higher than a .08. It is also illegal to drive a car while under the influence of alcohol and/or drugs. Prosecutors can charge DUI even if the drivers BAC isn’t high—they just have to show that the defendant was under the influence to the extent that the driver’s normal faculties were impaired.

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