California Criminal Defense Blog

The stretch of Interstate Highway 15 from Las Vegas to Ontario is a fertile ground for police to issue speeding tickets, DUI arrests and other driving-related citations.

Barstow CA DUI attorney Robert Little says that many of the DUI arrests result in prosecution at the Victorville, Barstow and Fontana courthouses. "Most are Southern Californians heading to Vegas and starting the party early. Or people coming home from Vegas too soon after the party."

Aside from the drunk drivers, this stretch of Highway 15 is dangerous for other reasons. Long straight-aways entice drivers to speed, sometimes in excess of 100 MPH. Many parts of the highway are poorly lit at night, and prone to weather conditions throughout the year. Road construction and a congestion of big rigs also add to the situation.

Little says the CHP and local police are stepping up patrol and cracking down on speeding and DUI. He advises drivers to and from Vegas to stay sober and drive at a reasonable speed.

California Proposition 36 allows nonviolent drug offenders to participate in treatment programs rather than go to jail. Eligible defendants plead guilty to the underlying drug charge, and are then placed on probation and ordered to complete an outpatient program. If they do so and comply with the terms of probation, the drug case is ultimately dismissed.

But eligibility for Proposition 36 is laced with restrictions, one of which pertains to DUI charges. A person charged in the same complaint with both a nonviolent drug offense and a DUI does not qualify.

The restriction stems from language in Proposition 36 excluding "any defendant convicted, in the same case, of any misdemeanor not related to drugs or any other felony that is not a nonviolent drug possession offense." The California Supreme Court has found "misdemeanor not related to drugs" to include DUI charges.

Continue reading "Proposition 36 & DUI Cases: Casting Too Narrow a Net" »

When people plead guilty to a California DUI charge, they usually get placed on probation. The court imposes certain “terms and conditions of probation.” Violating these terms and conditions may result in a bench warrant for one’s arrest, a probation violation, and possible jail time.

The terms of probation consist of affirmative duties and prohibitions. Affirmative duties include, for example, enrolling in and completing DUI school, and completing a MADD victim impact class. Prohibitions include refraining from breaking the law, from driving with any measurable amount of alcohol in one’s system, and from driving without proper liability insurance.

Most bench warrants get issued for people failing to complete the affirmative requirements. For example, one must enroll in the DUI school within 21 days of sentencing. Most judges require you to return to court with a “proof of enrollment” within 30 days of sentencing, and a “proof of completion” within 6 months.

Continue reading "DUI Probation Violations" »

A California driver who acquires too many points on his or her driving record can be declared a Negligent Operator and see their driver’s license suspended. This happens if you receive 4 points in a 12 month period, 6 points in a 24 month period, or 8 points in a 36 month period. Points are imposed for accidents, moving violations or criminal traffic offenses such as DUI.

Unfortunately many people facing a negligent operator suspension simply acquiesce. They don't realize that the suspension decision can be challenged, often successfully. Every California driver’s licensee has a right to a DMV hearing before this or most other license suspensions can be imposed.

The first step is demanding a hearing. This must be done within 10 days of receiving notice from the DMV. A California DMV hearing attorney can represent you at the hearing. You or your attorney can challenge the DMV's evidence and present "mitigating circumstances" (such as evidence that you were not totally at fault for an accident on your driving record). If the DMV ultimately finds in your favor, it may restrict rather than suspend your license, or let you off with just a warning.

California has two primary criminal laws that punish people for driving a motor vehicle when they are not properly licensed. California Vehicle Code 12500 makes it a misdemeanor to drive without a valid driver’s license. California Vehicle Code 14601 makes it a misdemeanor to drive on a suspended license.

California Vehicle Code 12500 is a relatively straightforward statute. It makes it a crime to drive without a validly issued license. This most often applies to people who never obtained a drivers license in the first place, or who failed to renew their license upon expiration, or people who moved to California and failed to switch from a license issued in the previous state to a California drivers license.

Vehicle Code 14601, on the other hand, applies to someone who had a valid driver’s license but whose license got suspended. The reasons for the suspension could include a California DUI conviction, failure to pay traffic fines and DMV fees, or becoming a "negligent operator" accumulating too many points on one's driving record.

Vehicle Code 14601 cases can be more difficult for the prosecutor to prove. To be guilty of the crime, the driver must have knowledge that his license was suspended at the time of driving. Unless a judge, police officer or DMV official specifically advised him/her of the suspension, this "knowledge" element can be difficult to prove (beyond a reasonable doubt, anyhow). But though VC 14601 is a tougher crime for the state to substantiate, the penalties for California Vehicle Code 14601 are substantially greater.

Erin Mua, a 21-year-old, has been charged with vehicular manslaughter in connection with a speed racing auto accident that killed Mua’s cousin, 25-year-old Lee Liu Chan. According to this ABC news report, the two cousins were on their way home from work when they decided to race each other along Alondra Boulevard in Norwalk. Chan was killed after he lost control of his vehicle and crashed into a tree and light pole. Apparently Chan had run a red light when another car turned in front of him. Both cars were reportedly traveling at more than 100 mph.

Vehicular manslaughter is a serious crime that could have serious consequences. In this case officials say Mua invited his cousin Chan to a street race, which is why Mua is facing the vehicular manslaughter charge. Los Angeles officials recently have been increasingly cracking down on street racing. If convicted of vehicular manslaughter, Mua is looking at serious jail time and hefty penalties.

If you or someone you love has been charged with vehicular manslaughter, please contact a Southern California criminal defense attorney, who will listen to your side of the story and conduct a thorough and independent investigation to determine the truth. Facts are not straightforward. For example, in this particular case, both men were participating in the street race simultaneously. So the question is: Who really challenged/invited whom to the race? That’s a question that remains unanswered.

If you have been charged with a felony and are looking to an experienced and knowledgeable Southern California criminal defense attorney to represent you, please call us today for a free consultation and case evaluation.

A recent Los Angeles Times blog by Susan Brink talks about new tests just like a Breathalyzer that researchers hope will detect drivers operating under the influence of illegal drugs. The National Institutes of Health has reportedly released guidelines on possible ways to conduct these tests. Just as suspected drunk drivers are asked to blow into a Breathalyzer, someone suspected of driving under the influence of marijuana or cocaine may be asked to spit into a cup. Your saliva will then be tested for the presence of drugs.

Experts are hoping that these new guidelines, which are still evolving, will be a good way to identify drivers under the influence of drugs and keep them off the roadways. But the question is: Is this an effective way of finding out if drivers are really impaired? As DUI and drug crime defense attorneys in California, we have consistently found that Breathalyzers that are used in the field by police are not at all an effective measure of blood alcohol content (BAC). A lot of these testing devices are not calibrated properly and show wrong readings, which we have challenged in court and won.

Officials who authorize field tests should seriously consider their efficacy and reliability. First, the tests must be reliable. Secondly, the officers who are conducting the tests should be trained properly and be able to carry out the tests in a proper manner. We’ve seen that hasn’t been the case with Field Sobriety Tests. Even the National Highway Transportation Safety Administration (NHTSA) studies show that these tests are not an effective way of measuring whether a driver is intoxicated.

An experienced and knowledgeable Southern California drunk driving defense attorney will be able to help you fight your DUI despite Breathalyzer tests that show a BAC of 0.08 or higher. A truly skilled DUI defense attorney can effectively challenge field sobriety tests and defend the charges against you. If you or someone you love has been arrested on suspicion of a DUI, please call us to schedule a free consultation.

Los Angeles Police officers arrested 41-year-old Robert Palacios on suspicion of murder in Lincoln Heights after he struck and killed a pedestrian during a police pursuit, the Los Angeles Times reports. Police say it was not considered a “pursuit” because officers did not turn on lights or sirens. They followed Palacios because officials say they suspected him of driving under the influence after seeing him “drive erratically” near Figueroa Boulevard and Avenue 52.

The pedestrian was identified as 61-year-old Demetrio Sosa. Palacios also reportedly struck a minivan, but the occupants of the minivan did not suffer major injuries. Sosa was taken to an area hospital where he was pronounced dead.

If you are arrested on suspicion of drunk driving in Los Angeles, you could face serious charges especially if the incident involves death and/or injuries. If convicted of murder, Palacios will be in serious trouble and will likely face 25 years to life in prison. Generally, those convicted of drunk driving also face hefty fines and suspension or revocation of their driving privilege.

If you or someone you know has been arrested on suspicion of drunk driving, it is very important that you contact an experienced and knowledgeable Southern California DUI defense attorney. We have the skill and the resources it takes to conduct an independent investigation and build a strong defense that it takes to get you acquitted or get your charges reduced. We have former district attorneys and investigators working with us – people who know very well how law enforcement and prosecutors think and work. Call us today to discuss your case.

Nicholas Lagrotta, 23, of Camarillo was arrested Aug. 28 on suspicion of striking and killing a jogger on a Thousand Oaks street. Police say, Lagrotta, who hit 46-year-old Kerry Marsh as she was jogging in a bicycle lane on Lindero Canyon Road, was driving under the influence of alcohol, according to an article in the Los Angeles Times.

The impact from the crash reportedly threw Marsh into some bushes by the side of the road. Police, who responded to Lagrotta’s accident after he crashed into a tree, realized he had hit someone when they saw Marsh’s running shoes on the side of the road. Apparently, they had to use a thermal imager to find Marsh’s body. Lagrotta was arrested on suspicion of driving under the influence and vehicular manslaughter.

A driver may face a vehicular manslaughter charge when he or she causes an accident, which causes the death of another person. If alcohol was a factor in the accident, prosecutors tend to charge the driver with vehicular manslaughter even if he or she was not at fault and even if the accident was unavoidable. Law enforcement officials often jump to the conclusion that the drunk driver was at fault. Police and CHP reports tend to be prepared in a hurry and are almost always slanted against the intoxicated driver.

If you have been charged with vehicular manslaughter and drunk driving, you should bring an experienced California vehicular manslaughter lawyer into the case immediately so an independent toxicology analysis and accident reconstruction can be done while the evidence is still fresh. Time is of the essence in these defense investigations. Our Southern California DUI defense attorneys have successfully handled vehicular manslaughter cases as former prosecutors and now, as defense lawyers. Our background in law enforcement and connection with some of the top collision and alcohol consultants in the case helps us get our clients acquitted and keep them out of jail.

Police in Boyle Heights arrested a parolee-at-large after a chase, which ended in a crash. According to an article in the Pasadena Star News, Lepoldo Monarrez, 28, of Los Angeles was arrested on suspicion of felony evading, resisting arrest and being a parolee-at-large.

The incident reportedly began when an officer pulled over Monarrez’s GMC Denali sport utility vehicle in the 300 block of South Garfield Avenue in Monterey Park. Officials said Monarrez did not have a driver’s license and drove off when the officer went back to his patrol car to look up some information. What followed was a high-speed chase, which ended in Boyle Heights when Monarrez crashed into a parked car. He tried to flee on foot, but was caught by officers.

Criminal felony charges can have serious consequences on a person’s life. It could have a particularly high impact when a person has a prior criminal record and prior “strikes.” According to California’s “three strikes law,” a person faces life in prison for the rest of his life if he commits a “third strike.”

That’s why it’s really important for you to retain the services of an experienced and knowledgeable Southern California Felony Defense attorney, who knows and understands “three strike” cases and consequences. If you or someone you know has been charged with a felony in the state of California, call us for a free consultation. We will conduct a thorough and independent investigation and build a strong defense for the best possible result in your case. Call us today.

A San Diego County Sheriff’s deputy was injured after his holster got caught on the door of a vehicle he had just pulled over and the driver tried to flee the scene, dragging the deputy. According to an article in the San Diego Union-Tribune, Deputy Robert Gibson had stopped the 46-year-old man on suspicion of drunk driving in San Diego County after seeing him drive his truck on the bike lane for several blocks.

Gibson had reportedly spotted beer on the bed of the truck and smelled alcohol. Gibson stood by the driver’s door and asked him to turn off the engine and hand over the vehicle’s keys. But, the driver suddenly drove off and dragged the deputy with him. The truck jumped over a curb on the center median. Gibson was thrown and landed on some bushes where he hit a tree. The man was eventually arrested shortly afterward in a parking lot nearby.

How many times do we see people trying to evade police or start a chase? It always ends exactly the same way – with the fleeing driver being apprehended. Always remember that if you are stopped on suspicion of drunk driving, it does not mean you will get arrested. Even if you do get arrested, there are many ways to prove that you were not driving drunk.

If you have been charged with a DUI, you need a truly experienced Southern California Drunk Driving defense lawyer, who will independently investigate the case and help you fight your DUI. Call us today to discuss your case.

Two men have pleaded not guilty to charges that they caused a fatal San Fernando Valley road rage crash that killed a 5-year-old boy and seriously injured the boy’s mother and infant sister, according to an article posted on KCBS TV’s Web site .

Brian Barnes, 44 and 19-year-old Armando Ayon both face one count of murder and vehicular manslaughter and three counts of reckless driving, the article states. In addition, officials have charged Barnes with three counts of leaving the scene of an accident. The Oct. 9 incident reportedly began when the two men got in a fight as they were each driving in their respective vehicles.

Suddenly, they started driving erratically and were weaving in and out of traffic at a high rate of speed – reportedly between 50 and 90 miles per hour, all the time trying to cut each other off, police said. The incident came to a tragic end when Barnes suddenly hit the brakes and Ayon in an attempt to avoid his vehicle, slammed into the rear of a parked car. That car in turn plowed into another vehicle crushing the boy, Ayman, his sister Ikra Arif and their 31-year-old mother, Syeda Arif, officials said.

The injured were then transported to a local hospital. Ayman died and his mother and sister reportedly suffered critical injuries. Both men are being held in lieu of $1 million bail. There is no question that these are grave charges and if convicted, both men face some serious prison time.

The best thing anyone charged with a serious traffic-related crime or driving-related crime can do is to hire an experienced and knowledgeable criminal defense attorney who can thoroughly investigate the case including detailed reconstruction of the accident. We are in a unique position of successfully handling vehicular manslaughter cases both as prosecutors and defense attorneys. We also work with some of the top collision and alcohol experts in the state. We have former district attorneys and former police investigators on our team.

If you or a loved one has been charged with a Southern California driving-related crime call us for a free consultation right away. We have one goal and that is to get you the best possible result on your case and keep you out of jail.