A 20 year old Lake Forest woman has been charged with 1 Count of Felony driving under the influence of alcohol with injury, 1 Count of driving under the influence with blood alcohol .08% or more causing injury and 1 Count of Minor driving with blood alcohol of 0.5% or more.

According to Lake Forest Deputies, the Orange County, CA woman hit a 16 year old girl after she lost control of her car and went up over a curb. The 16 year old girl suffered critical injuries, including broken bones and was in a coma for a period of time. The girl is expected to survive. If convicted, the accused faces up to 3 years in state prison.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced drunk driving defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor.

A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

In Orange County California, being under 21 and driving with a blood alcool of 0.01% or greater subjects you to the penalties under California’s “Zero Tolerance Law”. This means that even if you have only one drink, you may be found guilty of the offense. You do not need to be found to be “under the influence”, only that you consumed some measure of alcohol. Penalties for a minor being convicted of DUI vary according to the circumstances. Violating California Vehicle Code 23140 is an infraction and therefore not filed as a misdemeanor or felony. However, certain circumstances can cause the punishment to be more severe. Possible sentences include three to five years of informal probation; $390.00 to $1,000.00 in fines; up to one year in county jail; mandatory court-appointed alcohol class; and a six month driver’s license suspension.

The Department of Motor Vehicles has it’s own punishments/consequences for minor’s drinking and driving. If a minor violates the Zero Tolerance Law he or she will lose their driver’s license for one year, be required to attend and complete a minimum three month alcohol program; and possibly be ordered to participate in a “Youthful Drunk Driving Violation Program”. Participation in this program includes a visit to an E.R., the coroner’s office or a chemical dependency recovery center.

Anyone charged with misdemeanor DUI or Felony DUI, should seek to hire an experienced DUI Defense Attorney, specializing in Drunk Driving Defense. An experienced Orange County, CA DUI defense lawyer should aggressively pursue and develope a strategy to defend your felony (or misdemeanor) DUI case and work to minimize all the negative consequences.

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A 21 year old Fullerton, California man plead guilty last month to manslaughter for the 2009 deaths of his two friends when he lost control of his truck and hit a tree in Santa Ana, California. His friends were passengers in his vehicle and were ejected upon impact. The young man had a blood-alcohol level above 0.10 percent at the time of the crash.

This young man’s sentencing exposure depends upon whether he plead guilty to a misdemeanor vehicular manslaughter or felony vehicular manslaughter. There is also Gross Vehicular Manslaughter While Intoxicated. The sentence exposure is anywhere from 1 year in jail to 15 years to life in prison. Some of the determining factors are that the person was driving under the influence or DUI, that while they were DUI they committed an additional wrongful act and reckless driving such as speeding. Another determining factor is whether it was a first, second or third or more offense.

Fortunately there are legal defenses to DUI. An experienced Orange County California DUI Defense Attorney will be familiar with these defenses and the best way to utilize them to get the best result possible. A good DUI defense attorney would look at the validity of the intoxication evidence rather than some other reason for the impairment, as well as the blood or breath test results. Police procedures should always be looked at for possible misconduct. Other defenses might be that your negligence was not the actual cause of the death or in this Santa Ana case, deaths. And, lastly, the accident itself. Was there something other than your intoxication or negligence that caused the accident.

If you have been arrested and/or charged with Driving Under the Influence in Orange County California, whether involved in an accident or not, you will need a good Orange County California DUI attorney.

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A 64 year old man was struck by a car in Irvine, CA, while walking across the street. The pedestrian suffered head trauma and broken bones and is in critical condition. The driver is suspected to have been driving under the influence of alcohol or drugs at the time. The accident is still being investigated to determine whether or not the driver had been drinking or was DWI prior to the accident. If it is determined that the driver was driving under the influence of alcohol or drugs when the accident happened, he or she faces possible felony DUI charges.

Someone who is arrested for driving under the influence of alcohol or drugs or DWI, will either be charged with a felony or a misdemeanor. First, second and third offenses are usually filed as misdemeanors. If, however, the driver is involved in an accident, kills or injures a person, or is arrested for a fourth DUI, the offense will be charged as a felony.

The penalties for misdemeanor DUI and felony DUI vary greatly. Someone being charged with a felony DUI faces a far greater punishment than someone being charged with a misdemeanor DUI.

An experienced Orange County drunk driving defense attorney will first try to determine whether, based on the facts, the charges will be filed as a misdemeanor or felony. If felony charges are filed, a good criminal defense attorney specializing in DUI, will try to get the charges reduced from a felony to a misdemeanor. If the defendant agrees to plead guilty to the lesser charge, the punishment is far less harsh.

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Costa Mesa Police Department screened 475 out of 1,000 vehicles traveling through a checkpoint at 17th and Raymond Street on Tuesday night. They were checking for impaired drivers under the influence of alcohol or drugs, which resulting in 3 arrests for suspicion of DUI. Whether you live in Costa Mesa, Newport Beach, Irvine or Tustin, you’ll need a qualified DUI attorney if you are charged with a DUI in Orange County.

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The family and friends of Nick Adenhart will have to wait a bit longer to see if the DUI murder trial of Andrew Gallo, charged in the death of the Angels pitcher, will take place in Orange County or elsewhere.

Gallo’s attorney was allowed to substitute in on his case, even though the Public Defender’s office had done massive amounts of work on his behalf, and even though Gallo’s new attorney didn’t have the resources to research, write, file and argue all the motions a case of this caliber would require. Apparently, the court considered whether to relieve the PD completely, or direct it to continue its representation regarding various motions relative to the case.

In any event, the matter isn’t settled for now, since the court continued the motion to a future date. This story points to an ongoing challenge for the private Orange County criminal defense bar. Should you accept a client’s case, knowing that your ability to represent that person may be limited, based upon your own experience, staffing and the client’s financial resources?

Whether your matter is in Westminster, Santa Ana, Irvine or Newport Beach, make sure you consult and retain a qualified Orange County Criminal Defense Attorney to assist you with a DUI murder or DUI manslaughter matter.

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Rockfield Blvd. in Lake Forest must hold some kind of record for car collisions. In today’s example, a 66-year old man who was recovering from hip surgery, slammed his car into two others and was found to have a blood alcohol content of nearly twice the legal limit.

This driver may have mixed his pain pills with alcohol, which can significantly enhance the effects of drinking. That his BA was so high surely didn’t help. He’ll need a very good Orange County DUI attorney to help him through the court process.

Whether you live in Westminster, Villa Park or Santa Ana, if you have been charged with DUI, call an experienced DUI defense attorney right away to assist you.

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Wow. The folks up at the state capitol had a good idea: what if you were drunk and wanted to find out where the heck your taxi was? You just push the panic button!

This is good common sense. Make it as easy as possible for a drunk person to get a ride. You simply stumble out of the bar, push the app button on your phone, and voila! The phone dials the cab company, having determined your location via GPS. While you’re trying to maintain your balance curbside, you can see your cab’s progress via a map on your phone. This way you can avoid having to call an Orange County Criminal DUI attorney.

If the statistics show this works, expect this to become the hot app. Whether you live in Irvine, Newport Beach or Tustin, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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Regrettably, no one is immune to the power of alcohol. Just ask a peace officer who’s been arrested for DUI. Mark Wayne Hewlett of Orange, a Sheriff’s deputy, was arrested on March 23 for DUI when he crashed his car into a tree at about two in the morning.

As many a CHP officer will tell you, the only people on the road after 12 are cops and drunks. This story sure fits that description. Let’s hope the officer learns his lesson and considers himself lucky he didn’t kill himself or anyone else.

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

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Hey Dummy! Don’t drink and drive in Orange County on Super Bowl Sunday! Know why? The cops are out in force trying to protect the rest of us. Last year, eleven people died as a result of DUIs on Super Bowl Sunday.

Orange County residents know that it’s dangerous to drink and drive. The police are using better and more accurate devices to determine sobriety. Your chances of winning a DUI case here in Orange County are slimmer and slimmer. There are ways to challenge the accuracy of the equipment used to arrest you, and ways of challenging the methods used in Field Sobriety Tests. But the truth is, the high percentage of cases result in pleas of guilty.

One step you can take to protect yourself if you have been drinking and are stopped by police, is to refuse the FSTs. You aren’t required to take them. Nor are you required to take the Preliminary Alcohol Screen test. If the police are going to arrest you, you don’t have to help them. You may legitimately feel that you aren’t driving under the influence and don’t want to say or do anything that may incriminate you.

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

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Ciera Stoelting, 21, of Santa Ana, fresh off a stint in state prison, was spotted one evening weaving down West McFadden in the city of Santa Ana. Police saw her, turned on their lights and, in a fit of great judgement, Ciera did what so many parolees do: she jammed the pedal to the floor and took off like a rabbit. After several miles of dangerous pursuit, she was arrested.

Shockingly, she was found to have narcotics in her car. Like so many before her, Stoelting chose the most dangerous path possible. Now, instead of a short recommitment for absconding parole, she is facing fresh felony evading and felony narcotics possession charges and will likely serve much more time.

The one good side to this story is that it didn’t end in tragedy with a traffic death. Always look on the bright side of life.

Depending on the amount of drugs found, suspects can be charged with either a misdemeanor or felony charge. They face serious jail time if convicted. Whether you live in Tustin, Garden Grove or Ladera Ranch, if you are charged with drug offenses, call an experienced criminal defense attorney right away to assist you.

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