Los Angeles Criminal Defense Lawyer Blog

Nearly 1,300 people throughout California were charged with DUI during the holiday period, including nearly 300 in Los Angeles County, the Los Angeles Times reports.

Coming into the new year, the last thing a person wants is major baggage hanging over from the previous year. Facing a DUI charge in Los Angeles can make life more difficult and stressful at a time when most people are hoping to start anew.

Our Los Angeles DUI defense lawyers recognize that facing a DUI charge is a big hassle, but it should also be taken seriously. That's because a DUI charge in Los Angeles can lead to major penalties.

Even for a first-time DUI offense, a driver is looking at the potential for being on probation for three years, which include monthly fees and constant contact with a probation officer. A conviction could also lead to up to six months in jail, fines and fees upward of $2,500, a requirement to attend an alcohol education program, an ignition interlock device installation and a driver's license suspension for up to 10 months.

And, in most DUI cases, a judge won't simply sentence a defendant to some of these conditions, but usually the person is saddled with having to comply with most of these penalties. That's all the more reason to fight back against the state in defense of the charges.

But there is also a second element to DUI cases and that's fighting to keep your driver's license. What many people don't know is that when you are arrested and charged with DUI in Los Angeles, you only have 10 days to request a hearing with the California Department of Motor Vehicles to try to keep your license. If you don't request an administrative hearing, your license automatically gets suspended for 30 days.

There are technical issues that must be raised by an experienced Los Angeles DUI defense lawyer and representing yourself may not be the best option. The DMV hearing is separate from the criminal case, and different types of issues that deal with a driver's license must be brought up to a hearing officer or magistrate.

For many people, these issues are timely and must be brought up quickly. The Times reports that statewide there were 1,270 arrests made by the California Highway Patrol and another 274 in Los Angeles County alone. That was over a 78-hour period between Friday and Monday of the New Year's holiday weekend.

The 274 arrests in Los Angeles were up from 228 last year. Statewide numbers were way up, as an additional 309 people now face DUI charges to start 2012 compared to 2011. Some officials say the increase could be attributed to New Year's Day falling on a Sunday, so there was an additional day included in the law enforcement period.

Either way, that is a lot of people who now have a difficult task to face. But significant defenses can be raised in order to help a DUI suspect.

Continue reading "Nearly 1,300 Charged With DUI in Los Angeles, Statewide During Holiday Police Sweep" »

The California Highway Patrol reported that more people were driving drunk during the Thanksgiving holiday this year than in 2010.

Drivers should be aware that law enforcement will continue to step up patrols in an attempt to make as many DUI arrests in Los Angeles as possible during the winter holiday season.

While our Los Angeles DUI defense lawyers understand that drunken driving is down in the last several decades, police still enforce it robustly. Officers will be conducting DUI checkpoints in an attempt to make as many arrests as possible, though their value is questionable.

Police may also increase the number of officers on the roads this holiday season so they can attempt to make DUI-related arrests. AAA likely will estimate an increase in holiday traffic -- as the organization did for the Thanksgiving holiday -- so there will be more people on the roads during this time of year. If you are traveling, expect to see more police cruisers, too.

California Highway Patrol reported that they arrested 7 percent more people this Thanksgiving compared to last -- up to 200. That compares to the 182 people who faced a DUI charge last Thanksgiving. The period of enforcement lasted 96 hours from Thursday to Sunday, as reported by KLTA.

In order for police to start a DUI investigation, they must have a reason to stop a driver's car in the first place. They can't just do it because the driver looks "suspicious" or something seems "strange." They must have what's called probable cause in order to stop the car, and that usually is based on a driving infraction.

If a driver is speeding, changes lanes improperly, runs a red light or any other common driving infraction, an officer can pull him or her over. That doesn't necessarily mean a DUI investigation will start, but it can.

The officer must use his or her experience from that point on. If they observe "bloodshot" or "glassy" eyes or says the driver was speaking with slurred speech, they may then initiate an investigation for DUI. They could end up asking the driver to perform field sobriety tests or take a breath test. All of that could end up being used as evidence against the driver.

In order to fight the charge after the fact, an experienced Los Angeles criminal defense lawyer should be called immediately. Just because a person is arrested doesn't mean he or she is guilty. Breathalyzers have flaws and police officers can make mistakes. Both have been well documented.

It's also possible that witness testimony or video surveillance -- either from a nearby business or the police officer's dashboard-mounted camera -- could lead to evidence that helps the defense.

Examining the facts and being able to show what really happened is important if the driver wants to try to ensure this charge doesn't represent a mark on their record forever.

Continue reading "Be Prepared for Los Angeles DUI Arrests This Holiday Season" »

A recent study found that the number of women who are arrested for drunken driving is on the rise.

Still, regardless of the gender, the number of drunken-driving arrests is down considerably in recent years, statistics have shown us. And yet we read that arrests for certain demographics are up, DUI in Los Angeles is a significant issue and many of us are somewhat worried when we take to the roadways.

It seems to be more propaganda than truth. Our Los Angeles DUI defense lawyers have been able to help many clients charged with DUI. That's because taking an aggressive approach to the charges is critical in these cases.

According to a recent study, the number of females arrested for DUI is up 36 percent over the last decade. The study also found that most of these women are more educated and older than their male counterparts.

A Washington Post article looks at the trend of mothers drinking while caring for their children. While some women may believe that a glass of wine or two while visiting with a friend is no problem, it could put them over the blood alcohol limit of 0.08 in California. Driving with children could add charges, if an arrest is made.

Fighting a DUI in California is a two-pronged process. First, a person must request an administrative hearing with the California Department of Motor Vehicles. If this hearing isn't scheduled within 10 days of arrest, the driver's license is suspended for 30 days.

Representing oneself isn't smart, though these hearings are more informal and are before a hearing officer instead of a judge, there are still ins and outs of the law that the person must know in order to be successful.

The second phase of the situation is the criminal case. A person who is charged and convicted of DUI in Los Angeles, even for a first-time offense, can face hefty penalties:

• Three years of probation


• 48 hours to six months in jail


• Up to $1,000 in fines


• Driver's license suspension for six to 10 months


• DUI education program


• An ignition interlock device installed

But there are defenses. Challenging the initial stop may be appropriate if the officer can't prove or if other evidence contradicts why the initial stop was made. An officer must have probable cause to make the stop, such as that the person was speeding, swerving, ran a red light or stop sign or otherwise violated traffic laws.

After that, the officer likely will attempt to conduct field sobriety testing or breath testing. Breathalyzers have been challenged in California and statewide for their inaccuracy and often police officers aren't properly trained or don't perform field sobriety tests correctly. Also, there are examples of people whose physical conditions or weather conditions that affect how they perform these tests, which are difficult to take under pressure and while nervous.

Continue reading "Female Drunken Driving on the Rise, Study Shows" »

The problems just continue for troubled actress Lindsay Lohan.

She was recently jailed for a probation violation in Los Angeles and later kicked out because of overcrowding. Her next assignment, according to the Los Angeles Times, was to volunteer at the county morgue. But, as TMZ.com reports, she showed up 40 minutes late and wasn't allowed inside. This is after she violated probation for not volunteering at a community center as ordered.

All of the issues stem from a 2007 DUI, when she was placed on probation. But many people, like Lohan, don't take probation as serious as they should. Los Angeles criminal defense lawyers have seen many people thankful they avoided jail time and instead were sentenced to probation.

But after a few months when they have made several violations -- either not completing community service hours, not reporting to their probation officer, not making an effort to find a job or stay off drugs and alcohol -- the reality sets in that they could face major penalties.

In California, a person who violates probation can be sentenced to the full term of the charge. For instance, if the possible penalty for a charge is three years in prison and the defendant is sentenced to probation and they violate, they can be be sent to prison for the entire three years.

Lohan was jailed briefly after taking a tongue-lashing from a judge for "blowing off" her court-ordered community service and instead flying around Europe. Her attorney said that the trips were in order to find work so she could support her family.

Because of jail overcrowding, Lohan has never really served much time behind bars. Because felons have been forced to spend time in jails rather than prisons, many non-offenders are being kept out of custody.

The judge also ripped Lohan for saying that working at a woman's shelter wasn't "fulfilling." The judge told her the community service wasn't meant to benefit her, but others.

After being released from custody, she was told to begin serving time at the county morgue, but was turned away there, TMZ reports, because she showed up nearly an hour late.

Because she wasn't required to serve community service hours on the specific day, but only to put in 16 hours by Nov. 2, it won't count as another probation violation. But it may not help her case, either.

For those defendants who get a break like probation over incarceration and still mess up, they can be assured they won't get many more chances. If they, like Lohan, get the option to get back on probation after a clear violation, they should dedicate themselves to not messing up again.

While issues of overcrowding have hamstrung many judges throughout Los Angeles and statewide, they still have the authority to put someone in jail for a probation violation. That's why it shouldn't be taken lightly. And if they continually violate probation, they could end up learning the hard way, by being stuck behind bars for a long time.

Continue reading "Lindsay Lohan Probation Violated; Sent to Jail in Los Angeles" »

Nearly 1,000 Southern California DUI suspects may go free because of faulty breathalyzers used by San Jose Police officers, the Mercury News reported.

Los Angeles drunken driving defense lawyers understand that breathalyzer test results are often faulty. Still, law enforcement continues to use portable and stationary breath tests in the ongoing crackdown on drunk drivers.

Rick Springfield is the latest celebrity arrested for DUI in Los Angeles, according to CBS News.

The Santa Clara County District Attorney's Office announced it will review cases over a month to determine how many to drop after officers used the Alco-Sensor V breathalyzer as part of field sobriety tests. The breathalyzers may have shown incorrect readings because of a manufacturer's error that caused condensation to built up in the tube. The devices were also used by Palo Alto police.

The technicality could get some suspects off the hook by a dropped case or reversed conviction. Some arrested weren't drunk but were wrongly believed to be intoxicated because the device was faulty. The penalty for a first misdemeanor DUI conviction is typically a $2,000 fine, 48 hours of jail or community service and DMV classes.

Recently, San Jose officers stopped using the device after six months, while Ventura County authorities began reviewing hundreds of similar cases in the last few weeks. An unknown amount of cases could be affected in Palo Alto, where officers have been using the device since April 2010.

It appears a breathalyzer was used in the recent arrest of "Jessie's Girl" singer Rick Springfield, who was pulled over by the Los Angeles County Sheriff's Department for a traffic violation.

According to People magazine, Springfield's blood alcohol content was measured at .10, over the .08 limit in California. Springfield, 61, allegedly failed sobriety tests administered by officers after they smelled alcohol in his vehicle.

Continue reading "Breathalyzer Results Often Challenged in Los Angeles Drunk Driving Arrests" »

A 21-year-old Covina man allegedly responsible for a drunk driving accident in Los Angeles is facing criminal charges following the St. Patrick's Day crash, the San Gabriel Valley Tribune reported.

Serious traffic charges require an experienced L.A. Criminal Defense lawyer, including charges of DUI, vehicular manslaughter and hit-and-run charges in Los Angeles.

As we reported last month on our Los Angeles Criminal Defense Lawyer Blog, St. Patrick's Day has turned into one of the biggest party days of the year in the United States.

In this case, police say the driver crashed into a tree and a brick wall. His 19-year-old driver died at the scene. He is facing a murder charge, a charge of driving under the influence of alcohol and a charge of driving with a suspended or revoked license. Officials were not able to administer a field sobriety test but report a blood test showed he was driving over the legal limit.

In a separate case, the Examiner reports a Los Angeles man is facing charges in connection with the hit-and-run accident that claimed the life of a San Diego teenager.

He was taken into custody by the California Highway Patrol and accused of driving the vehicle that struck and killed an 18-year-old victim walking on I-805 in the area of North Park.

Continue reading "DUI Charges, Hit-and-Run Charges in Los Angeles require Aggressive Defense" »

Don't count on the luck of the Irish to keep you out of trouble through the Saint Patrick Day weekend; authorities from Glendora to Redondo Beach will be out in force, looking to make drunk driving arrests in Los Angeles and the surrounding area.

Please contact a Los Angeles criminal defense lawyer if you are charged with DUI this weekend. Stepped up enforcement, roving patrols and sobriety checkpoints all increase the risk that you will be unfairly charged. When an attorney can challenge probable cause for the traffic stop, or for requesting that you take field sobriety tests or a breathalyzer examination, the charges against you may be reduced or dismissed.

The California Department of Motor Vehicles reports that about 25,000 motorists are arrested and charged with drunk driving each year -- more than 6,000 of those face felony charges. About 1 in 4 avoid being convicted of drunk driving. Others are able to plead to lesser charges, including reckless operation,

The Glendora Patch reports the Los Angeles County DUI Task Force is increasing patrols through the weekend.

"We want drunk drivers to know we're out there," said spokeswoman Wendy Brewer.

The government reports 103 fatal crashes occurred on St. Patrick's Day in 2009 -- more than one-third of those involved alcohol. Such cases can be quite serious and may lead to charges of vehicular manslaughter in Los Angeles.

The staff at Rodriguez, Lewis & Kahn wishes each of you a safe and enjoyable holiday week. Authorities are providing the following safety tips:

-Have a safe ride home before heading out for the evening.

-Designate a sober driver and leave your keys at home.

-Help friends find a sober ride home.

-If hosting a party, serve plenty of food and non-alcoholic drinks.

-Keep phone numbers for local taxi companies handy.

Continue reading "St. Patrick's Day Weekend Increases Risk of Drunk Driving Charges in Los Angeles" »

The Orange County Register reports more than 300 motorists were charged with drunk driving in the 10 days leading up to and including Christmas weekend.

Our DUI defense lawyers in Orange County remind you that authorities will be out in force again this weekend, making hundreds of arrests for drunk driving through the New Year's holiday. Such intense enforcement often leads to questionable arrests, including those made as a result of a sobriety checkpoint in Los Angeles.

The cost of a drunk driving conviction has been estimated at between $10,000 and $20,000 counting fines, court costs, increases in insurance premiums, the costs associated with mandatory alcohol treatment or assessment, and the cost of fighting to maintain your right to drive or paying to have your driver's license reinstated. Job loss is also a frequent consequence of a DUI conviction. Seeking the advice of an experienced attorney is a good first step toward protecting your rights.

Those facing a DUI charge in Los Angeles or the surrounding area will also need to fight for their rights to drive through a second process, known as a DMV Administrative Hearing, which occurs through the Department of Motor Vehicles. An experienced drunk driving defense lawyer can handle both cases.

From Dec. 17 to Dec. 26 authorities reported four DUI fatalities and 340 DUI arrests in Orange County cities. Last year, 399 people were arrested for driving under the influence of alcohol. The "Avoid" campaign involved the California Highway Patrol, local police departments and the Orange County Sheriff's Office.

"Motorists need to be aware that many enforcement agencies are targeting drinking drivers and as a result arrests for DUI in the state have increased by 18 percent since 2001," said Steven Bloch with the Automobile Club of Southern California. The club reports more than 211,000 arrests for DUI last year and 27,000 motorists who were injured or killed in alcohol-related crashes.

Several agencies are offering free rides for New Year, including the Orange County Transportation Authority, which is offering free bus rides from 6 p.m. Dec. 31 until 2:30 a.m. Jan. 1. More than 10,000 people used the free service last year.

The Automobile Club is offering free Tipsy Tows. The service is available until 6 a.m. Jan. 1 in 13 Southern California counties. Those needing a ride can call 1-800-400-4AAA.

Continue reading "L.A. drunk driving defense lawyers wish you a safe and enjoyable New Year" »

The government is pouring $7 million into drunk and drugged driving prevention advertising, with national television and radio spots running until Jan. 3. The National Highway Traffic Safety Administration is also pushing states to adopt laws that permit mandatory testing if a motorist suspected of drunk driving refuses to submit to a breathalyzer examination.

Our Los Angeles DUI Defense lawyers frequently post information regarding the ever-increasing sanctions faced by suspected drunk drivers. Higher fines, longer license suspensions, ignition interlock devices, more jail time and other tough legislation is often debated by California lawmakers. It is one of the many reasons we encourage those facing DUI charges in Southern California to consult with an experienced criminal defense lawyer. The tiered nature of California drunk driving laws means increased penalties for subsequent offenses. And having a DUI conviction on your record is a good way to be stopped, questioned by law enforcement and charge again.

When you combine that with the fact that the laws are only getting stricter -- there is even talk of lowering the legal limit from .08 to .05 as many other countries have done -- fighting the charges is critical to protecting your future freedom and livelihood as well as the financial well-being of you and your family. Estimates put the cost of a DUI charge at $10,000 to $20,000. Consulting an experienced defense attorney can be money well spent.

A DUI conviction will also require an Administrative Hearing in Los Angeles, which is conducted through the Department of Motor Vehicles. A driver must request such a hearing within 7 days of arrest or his or her driver's license will automatically be suspended regardless of the outcome of the criminal case. Suspensions can range from 4 months for a first offense to a year for second or subsequent offenses.

Under California's implied consent law, those who do not submit to a blood or breath test face an automatic suspension of 1-year for a first offense and 2-years or longer for a second or subsequent offense. However, they will also be denying the state one of the key pieces of evidence used to secure a drunk driving conviction. Applied consent means you agree to take the tests by virtue of being issued your driver's license.

The federal government wants states to pass a law permitting "on call" judges to issue immediate warrants, which would force a blood test. Typically, such drastic measures are only used when an accident results in serious or fatal injuries.

"Drunk driving remains a leading cause of death and injury on our roadways," said U.S. Secretary Ray LaHood. "I applaud the efforts of the law enforcement officials who have pioneered the 'No Refusal' approach to get drunk drivers off our roads. And I urge other states to adopt this approach to make sure that drunk drivers can't skirt the law and are held accountable."

Beyond the rhetoric, there are real questions about the accuracy of breathalyzer examinations and the results are often successfully challenged in court. Forcing citizens to submit to testing will also undoubtedly raise some serious constitutional questions.

Last year, 10,839 people were killed in drunk driving accidents. The holidays increase the risk. In 2009, more than 750 motorists died in drunk driving crashes during the year-end holiday season.

Continue reading "Government pushes mandatory BAC testing for drunk driving suspects in Los Angeles, elsewhere" »

While law enforcement will be out in force handing out DUI charges in Los Angeles this holiday season, it is the added emphasis on DUI drug charges that is making news.

An experienced Los Angeles DUI defense lawyer should always be called to handle drunk driving charges. Probable cause for the traffic stop. Probable cause for requesting that your perform field sobriety tests, and the proper administration of those tests and the breathalyzer examination are just a few of the grounds on which a drunk driving charge can be challenged.

When it comes to DUI/Drug charges in Los Angeles, law enforcement is on even shakier ground. In most cases, drugs are odorless. They also can remain in your system for weeks after being consumed. Yet some 6,000 law enforcement officers have attended the federal government's Drug Evaluation and Classification program and 1,000 instructors have been certified in 46 states. Allegedly graduates are trained to recognize symptoms of drug impairment.

Such cases should always be attacked by an experienced Los Angeles defense lawyer on probable cause grounds. Like field sobriety tests, they are nothing more than an officer's opinion. When you consider the fact that the officer's job is to find evidence of your guilt, a motorist stands no chance.

The Los Angeles Times reports both the rate of drunk driving and the rate of drugged driving have dropped in California. However, the National Highway Traffic Safety Administration is reporting an increase in drugged driving accidents and injuries of between 10 and 20 percent.

As states roll out National Drunk and Drugged Driving Prevention Month in time for the holidays, the emphasis will be on charging drivers believed to be under the influence of either alcohol or drugs.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

Continue reading "DUI-Drug charges in Los Angeles an emphasis of law enforcement this holiday season" »

As Southern California prepares for Thanksgiving week and the busiest travel weekend of the year, our Los Angeles drunk driving defense lawyers want to remind motorists to stay safe and to call an experienced attorney if they get into trouble.

Last year the L.A. Times reported that 30 motorists were killed on California freeways over the Thanksgiving weekend, up from 24 in 2008.

-The California Highway Patrol arrested more than 1,300 drivers for suspicion of drunk driving -- at least 225 were DUI arrests in L.A. County.

-And the patrol made more than 1,300 additional arrests.

Law enforcement roadblocks -- or "sobriety checkpoints" -- will be a favorite of law enforcement's again this holiday season. Police must obey specific rules when conducting such checkpoints and the resulting arrests are often beatable in court.

Too often, motorists fail to take a drunk driving charge serious enough. The average cost of a conviction has been estimated at more than $10,000. Loss of your driver's license, jail time, probation, community service, alcohol counseling, fines and court costs are commonplace. And a conviction on your record makes it that much more likely that you will be stopped, questioned and cited again for a future violation. A second DUI offense carries the requirement of a week in jail -- 4 months are required for a third offense.

Drunk driving accidents in Los Angeles can also lead to very serious criminal charges. Unfortunately, law enforcement frequently stops any thorough investigation of an accident once it has been determined one of the parties is intoxicated. At that point, the focus often shifts to collecting evidence of your guilt. It is therefore critical to consult with an experienced and aggressive DUI defense lawyer as soon as possible after the accident.

Additionally, a DUI conviction can impact your ability to get certain jobs or qualify for certain occupation licenses. Just the embarrassment and hassle of being forced to disclose a drunk driving conviction on job applications for years to come is reason enough to consult an attorney.

The truth is, enforcement blitzes frequently lead to marginal or questionable arrests around the holidays. Consulting an experienced attorney is money well spent.

Continue reading "Holiday checkpoints, enforcement, increase risk of DUI arrests in Los Angeles" »

Vehicular manslaughter charges in Los Angeles have been dismissed against a woman who claimed uncontrolled acceleration was responsible for a 2008 crash on an L.A. freeway, ABC News reported.

Our Los Angeles traffic ticket attorneys can assist you with all sorts of driving violations, including speeding tickets, DMV suspension hearings, DUI or driving under the influence of drugs, drag racing, negligent operation or reckless operation, and vehicular manslaughter or homicide charges. As this case illustrates, the state can charge you with anything, it's what you are convicted of that matters.

In this case, the woman said her Lexus RX 330 had sped out of control when it slammed into a Mercedes at an off ramp. Her sister-in-law was riding in the back seat and was killed in the crash.

Despite her claims, the Los Angeles District Attorney's Office charged her with gross vehicular manslaughter and felony reckless driving. She could have faced more than six years in prison if convicted. Her attorney said she was relieved with the dismissal of the charges two years after the fact. He cited the fact that she had no driving record, was not intoxicated and that the victim's family did not want to proceed with a criminal prosecution.

A similar case in Minnesota led to the conviction of a Toyota driver whose car sped out of control in 2006 and slammed into another vehicle, killing the driver and two passengers. That driver served 2 years of an 8-year sentence before word of Toyota's acceleration issues. He has since been released.

Lexus is Toyota's luxury brand.

Continue reading "L.A. vehicular manslaughter charges dropped two years after runaway Lexus claim" »

Amid the ongoing saga of Lindsay Lohan, it is easy to forget that all of her legal problems stem from a drunk driving conviction nearly three years ago. A Los Angeles DUI defense lawyer should assist clients in avoiding problematic terms of probation and work to ensure that a client understands what's expected so that he or she can avoid additional legal problems.

Clients who find themselves in significant legal trouble as a result of a drunk driving conviction are often those who fail to take the charges serious enough. A DUI conviction frequently leads to job loss, loss of your driver's license and jail time. Various studies have put the average cost of a DUI at about $10,000. Speaking with an experienced attorney is money well spent.

For instance, many are surprised to learn that those experienced with the legal system often request jail time instead of attempting to comply with a lengthy probation term. As Lohan has found -- through three years of stints in jails and rehab -- probation is often not for the faint of heart.

Lohan's case is not even an extreme example, it is simply a high-profile example of what happens with hundreds, if not thousands of drunk driving cases each year. Just because you are counting on probation, does not mean you do not need an attorney at your side to protect your rights.

CNN reports that Loan plans to check herself into another rehab facility. She was jailed without bail last week after failing a drug test. A judge later ruled she had to be granted bail because the underlying charge was a simple misdemeanor DUI.

Her bail was granted -- for an astronomical sum of $300,000. She has been in court. She has been in jail. She has been in rehab. She has been subject to various forms of electronic monitoring. And she is nowhere near being free of the system.

Terms of probation may include maintaining employment, not leaving the state, not associating with certain friends or relatives, passing frequent drug or alcohol screenings, and obeying a curfew. When a violation occurs, a judge has the option of returning you to jail on the underling charge.

Lohan will be back in court for the probation revocation hearing on Oct. 22. At which time she will very likely be returning to jail once again.

Continue reading "Lohan case illustrates dangers of probation violations in Los Angeles DUI cases" »

A 23-year-old man is facing three murder charges after being criminally charged for a DUI accident in Los Angeles that claimed the life of an Angels pitcher and two others, the Associated Press reported.

As veteran Los Angeles drunk driving defense lawyers, our hearts certainly go out to the victims in such tragic cases. But the charges of second-degree murder filed by prosecutors is just another example of the ever-increasing penalties being sought by the state in an increasing number of cases. The only defense is an aggressive offense or it is very likely that the state will ensure that the driver's life is destroyed because of a horrible mistake -- as if someone wins if everyone loses. Too often, the judges believe such harsh penalties satisfy the public and are only too happy to comply.

In cases with a high-profile victim or intense media focus, it is even more likely the state will seek to make an example of a defendant. An aggressive and experienced law firm should be called as soon as possible to manage the case in both the criminal court and the court of public opinion.

The 23-year-old defendant is standing trial for the death of Los Angeles Angels pitcher Nick Adenhart and two other victims, ages 20 and 25. He faces three counts of second-degree murder as well as hit and run and two other alcohol-related felonies. Prosecutors say he was intoxicated when he ran a red light and T-boned a car containing the three victims and a fourth occupant. He is also accused of fleeing the scene; police found him traveling on the shoulder of the road several miles away.

His defense attorney argued that the state had not proven the defendant was driving. Typically, in DUI accident cases, a defense will attack the state's case on two fronts: That the defendant was intoxicated and that he or she was responsible for causing the accident. If the state fails to prove either allegations, a reduction or dismissal of the case is possible.

Prosecutors elected to go with the murder charges because the defendant had a previous conviction for drunk driving. The escalating penalties for repeat violations of California's drunk driving law is another reason why an experienced defense lawyer should always be called to represent a client facing DUI in Los Angeles. We also think a DUI conviction on your record makes it more likely that you will be targeted for a future stop by law enforcement.

Continue reading "Los Angeles DUI Accidents require aggressive and experienced legal representation " »

The recent case of a 23-year-old Marine charged with a fatal drunk driving accident in Los Angeles is a tragedy for all involved. Anyone facing California DUI charges in connection with a serious of fatal accident faces the very real prospect of spending years in prison.

Hiring a Los Angeles DUI defense lawyer experienced in handling drunk driving accidents is critical to protecting your freedom and your future. Prosecutors rarely deal in such cases and judges are too happy to hand down lengthy prison sentences. In many cases, a DUI conviction can have a serious impact on a defendant's chosen career field. Members of the military and law enforcement officers, in particular, may face additional consequences as a result of a drunk driving conviction.

In this case, the Los Angeles Times reports that a 51-year-old woman was killed and her 5-year-old grandson was seriously injured after the Marine crashed his SUV into their car.

Authorities report the woman was traveling in a Toyota Prius with her husband and grandson. The trio stopped at a residence on Strathern Street near Wilbur Avenue and were getting out of the car when a Jeep Cherokee slammed into them.

The Los Angeles police department reports the car was partially protruding into the street.

In cases like this, an experienced attorney will built a two-prong defense, by both challenging the DUI charge and the allegation that the defendant was responsible for causing the accident. Frequently, when authorities at the scene determine a driver involved in an accident has been drinking, the news ends all attempts to investigate the cause of the crash. If the state fails to prove the defendant was driving while under the influence, or that he was responsible for the accident, a reduction or dismissal of the charges often results.

Continue reading "Los Angeles DUI accidents require experienced and aggressive legal representation" »