California Criminal Defense Blog

When the cops pulled actor Gary Busey over yesterday on Pacific Coast Highway in Malibu, they expected to find him drunk behind the wheel. After all, they received a tip from a couple who saw Busey driving erratically in his Mercedes.

Turns out Busey was perfectly sober, set up by the couple who followed the officers to the stop location who then got out of their car in order to take photos of the scene. When the police asked them to stop taking pictures, they refused, stating that they were members of the press.

The Los Angeles Sheriff’s Department then arrested the couple for obstructing a peace officer in the performance of his/her duties. And they also charged one of the individuals with possession of marijuana.

Here’s an actual tip – before you try to bust someone else for a crime, you might want to make sure you’re not committing one yourself!

California criminal law provides that if you are DUI with a child passenger who is under 14, you will automatically face a sentencing enhancement. The additional amount of jail time you face for this enhancement depends on whether it’s your first, second, or subsequent DUI offense.

But many groups are lobbying for stricter penalties. Instead of having a DUI sentencing enhancement for driving with a child under 14, these groups are fighting to make this offense an automatic felony. This movement isn’t specific to California, but is taking place throughout the country and gaining momentum as it sees success.

As it currently stands, when a defendant is charged with DUI…and has a child of any age in the car at the time of the offense…California prosecutors have the option of additionally charging the driver with the crime of child endangerment. But even this offense is what’s known as a “wobbler”, which means that it can be charged as either a misdemeanor or a felony.

As extreme cases of DUI involving children passengers continue to receive publicity, it is likely that the California Legislature will seriously consider taking this type of action. But for now, if your California DUI defense attorney can successfully fight or reduce your DUI charge, you will not receive this automatic sentencing enhancement.

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" »