Los Angeles Criminal Defense Lawyer Blog

Vehicular manslaughter charges in Los Angeles have been filed against a 20-year-old woman who was allegedly text messaging when she struck and killed a pedestrian in Glendale, the L.A. Times reported.

Vehicular homicide or manslaughter charges, drunk driving charges, and other charges of negligent operation of a motor vehicle will trigger negligent operating hearings in Los Angeles, which are initiated by the Bureau of Motor Vehicles and can result in the loss of your license for criminal charges involving unsafe operation of a vehicle. An L.A. criminal defense lawyer must fight the allegations in both criminal court and before the DMV.

The Glendale accident happened Sept. 15. It was not immediately concluded that she was text messaging; at the time, police said she ran a stop sign. The accident killed an 80-year-old man who was walking. Bail in the case was set at $50,000. She faces up to six years in prison if convicted.

The Governors Highway Safety Association reports California is one of 30 states to ban text messaging by drivers. It is among eight states that ban all hand-held cell phone use by drivers. The other states are Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

California leads the nation in the number of pedestrian deaths, according to the National Highway Traffic Safety Administration. In 2008, California pedestrian accidents accounted for 620 of the nation's 5,228 pedestrian deaths.

The U.S. Department of Transportation reports about 4,500 motorists were killed and 500,000 injured in distracted driving accidents last year. Only speeding and drunk driving are blamed for more deaths on the nation's roads.

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A new ruling by the U.S. Supreme Court is expected to impact the prosecution of DUI (driving under the influence) and DWI (driving while intoxicated) cases in California and across the U.S. The Supreme Court ruled that when crime lab or breathalyzer reports are used to establish that a defendant was under the influence of a high level of alcohol or illegal drugs, the prosecutor must make a laboratory technician available during court to testify in person. In its decision, the Supreme Court equated such lab reports to witnesses for the prosecution. Under the Sixth Amendment a defendant has the right to "be confronted with the witnesses against him," wrote Justice Antonin Scalia. In drug, drunk driving and other cases in which lab reports play an important role in the prosecution's case, Scalia wrote that defendants were "entitled to be confronted with the analysts at trial."

Some prosecutors have expressed concern about the cost and potential availability of lab technicians for courtroom appearances. However, in his successful arguments before the Supreme Court, Stanford University law professor Jeffrey Fisher noted that presenting crime experts at trials is already common practice in some states, including California. While prosecutors soft pedaled the impact of the Supreme Court ruling, criminal defense attorneys applauded the opportunity to challenge lab reports in court, noting that crime labs sometimes make mistakes that result in the conviction of innocent people.

California prosecutes DUI and DWI aggressively. A drunk driving charge results in two proceedings against the defendant: a criminal case and a Department of Motor Vehicles (DMV) case. Legal proceedings can be complex. Conviction can have serious consequences, including heavy fees, loss of license and jail time. A DUI charge demands immediate attention and aggressive action from a skilled DUI defense attorney like Stephen Rodriguez.

Spiking your holiday eggnog could be getting a little pricier. Governor Arnold Schwarzenegger recently proposed raising California's alcohol tax by a nickel a drink. Cash-strapped states are scrambling to find ways to raise funds to avoid cutting critical services to residents. California is the 27th state this year to focus on alcohol taxes as a money maker. Last week the Governor suggested increasing the state tax on beer, wine and liquor to help prevent a $40 billion shortfall in the state budget. Schwarzenegger said the tax increase would generate $900 million in new revenue over the next 18 months.

While some states like California are using booze to raise money by increasing existing taxes, others are boosting state revenues by lifting Prohibition-era bans on Sunday liquor sales. Colorado, which made Sunday liquor sales legal this summer, attributes a 7% increase in the state's excise tax returns to Sunday alcohol sales. Unlike some states which dump alcohol revenue into a general fund, California lawmakers have pledged to use the money generated from the 5-cent tax increase to fund drug and alcohol abuse treatment and prevention programs. Without the tax increase, these programs are in jeopardy of being eliminated from the state budget.

Since the prohibition, states have turned to alcohol for tax revenue. Today, about 50% of the purchase price of a bottle of liquor goes to taxes and fees. Industry experts estimate that the Governor's proposed tax increase would increase the cost of beer and wine by more than 8%. Critics charge the increase would negatively impact the state's hospitality industry and could result in the loss of 20,000 jobs and $1 billion in sales revenue. Proponents suggest that like increasing tobacco taxes, increasing taxes on alcoholic beverages could lead to a decrease in alcoholism and drunk driving accidents.

In California, driving under the influence (DUI) and driving while intoxicated (DWI) can have serious consequences. Conviction can result in expensive fines and fees, loss of driving privileges, even jail time. With so much at stake, it's important to contact an experienced criminal defense attorney if you are charged with DUI or DWI. Repeated drunk driving offenses can result in a charge of negligent operator which can result in long-term suspension of your license.

Just as thousands of Americans are poised to hit the highways this weekend, California Attorney General Edmund Brown has announced an agreement with MillerCoors to stop "the growing and widespread use" of caffeine-spiked alcoholic beverages. Marketed specifically to young adults, the attorney general and law enforcement officials have become increasingly concerned about the effects of mixing high amounts of caffeine with alcohol, particularly in beverages flavored to promote high consumption.

Under pressure from 13 states and the City of San Francisco, MillerCoors has voluntarily agreed to reformulate its caffeine-laced Sparks brand alcoholic energy drink. In announcing the agreement, Brown said, "With this agreement, we're shutting down 90% of the market in caffeine-spiked alcoholic beverages. The growing and widespread use of caffeine mixed with alcohol can distort judgment, weaken inhibitions and encourage risky behavior, especially in young people."

Alcoholic energy drinks mix alcohol with caffeine, guarana, taurine or ginseng. Ranging from 6% to 12% alcohol by volume, they typically contain more alcohol than most beers but the stimulating effect of the caffeine in these beverages masks feeling of intoxication. While the drinker may feel alert, reaction times, concentration and motor skills are reduced. The combination makes consumers of these beverages more likely to feel competent about their driving abilities when they have been drinking. A study by Wake Forest University School of Medicine researchers found that students who consumed alcoholic energy drinks were twice as likely to be involved in an alcohol-related traffic accident and be charged with DUI or DWI.

An arrest for DUI (driving under the influence) or DWI (driving while intoxicated) can have serious consequences, warns expert Los Angeles criminal defense attorney Stephen Rodriguez. Approximately 1.5 million U.S. drivers are charged with DUI or DWI every year. Drunk driving cases are complicated and the procedures confusing. In California, a charge of drunk driving actually involves two cases, the criminal proceeding and a Department of Motor Vehicles hearing. Conviction can result in hefty fines and penalties, loss of driving privileges and even jail time. With so much at stake, it's important to hire a criminal defense lawyer experienced in handling DUI/DWI cases to represent you.

-LegalPr

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Drugs may have contributed to Sunday's tragic bus crash that killed 8 people and injured 30 en route to a Sacramento gambling casino. The 52-year-old driver of the charter bus, Quintin Watts, was arrested in his hospital bed earlier this week on the suspicion of driving under the influence (DUI) of drugs. Watts, who was critically injured in the crash, has a history of substance and alcohol abuse and a string of motor-vehicle offenses.

The California DMV suspended Watts' driver's license for nearly two years after a succession of speeding and other vehicle violations. He regained his driving privileges in January. A long-time truck driver, Watts was unable to find a trucking job due to a recent jail stint for domestic violence. Hired by an independent charter bus service, Watts had completed several training rides with the bus owner. On Sunday, his first solo ride, Watts was carrying 43 passengers to the Colusa Casino Resort in Sacramento when he drifted off a rural two-lane road, overcorrected and ran off the road. As the bus rolled over it catapulted some passengers out broken windows and crushed others in the wreckage. It was the 8th most serious bus crash in the U.S. in the past three years.

Although the bus was labelled with the Greyhound logo, Greyhound spokeswoman Kim Plaskett said the company had sold the bus two years ago. Current ownership of the bus and possible licensing improprieties are still being investigated.

Watts' family had been concerned about his new job as a bus driver. His mother, Chaney Mae Watts, told news reporters Watts had struggled with drug and alcohol abuse and been arrested on drug charges. "He wasn't the best driver," she said. "He knew we didn't want him to drive."

Driving under the influence of drugs and alcohol is a serious matter in California. When DUI convictions and combined with other serious traffic offenses, the state's Department of Motor Vehicles can tag an individual as a negligent operator and suspend or permanently revoke his license. If you face a serious motor vehicle charge, obtain the services of an experienced criminal defense attorney.

Hit and run (see yesterday's post) is a good way to get tagged as a "negligent operator" by the California DMV. Traffic convictions can cause violation points to be counted against your driver's license. Every time you accumulate a violation point on your driving record, you get one step closer to having your driving privileges restricted or suspended. It doesn't take much. Just two points get you a nasty warning letter from the DMV. Three points and you get the even more severe "Notice of Intent to Suspend" letter. Accumulate 4 points within a year and they brand you a "negligent operator" and smack you with probation. Then it's "good-bye" license. Violate probation and you'll be bumming rides and waiting at bus stops for the rest of your life. You don't want to mess with the DMV!

Reckless driving, auto accidents, traffic convictions, hit and run and driving drunk (DUI) can result in points being assessed against your driver's license. But it doesn't take a major accident or particularly serious offense to earn a violation point. A point can be assessed for disobeying a traffic officer, driving with an unsafe load, ignoring a school crossing guard, driving in the bike land, running a yellow light, following too closely, making a U-turn, speeding, driving too slowly and a host of other infractions.

Don't think you're safe if you get into an accident out of state. Most states share ticket/conviction information, and California assesses points for violations in other states. Under certain circumstances, the DMV can assess more than one point for a violation, and all violations received while driving a commercial vehicle carry 1 1/2 times the average point assessment. Minor drivers under the age of 18 also face stricter penalties. If you're under 18, 2 points in 12 months earns you a 30-day driving restriction and just 3 points in 12 months suspends your license.

If you get slapped with a negligent operator notice, don't risk losing your license, consult an experienced DMV criminal defense felony attorney immediately. If you don't understand the DMV's hearing process or fail to obtain adequate representation, you could lose your driving privileges. A good defense could save your driver's license.

If you accumulate too many points on your driving record, the California Department of Motor Vehicle (DMV) can tag you as a negligent operator. Negligent operators may have an excessive number of traffic convictions, auto accidents, hit and run accidents, DUI convictions or a record of reckless driving.

For each infraction of the California Vehicle Code, violation points are charged against your driver's license. Generally, one or two points are assessed, depending on the nature of the violation. Points can also be assessed for tickets received from other states. Points are only assessed for vehicle-related violations, not for pedestrian or bicycle infractions. Violations that occur with a commercial vehicle carry 1.5 times the point count of a normal violation.

Negligent operators can have their driver's license suspended, be placed on probation or have their driving privilege's revoked. California defines a negligent operator as a driver who has been assessed:

4 or more points in 12 months,
6 points in 24 months, or
8 points in 36 months.

Before classifying you as a negligent operator, the DMV will send you a notice of intent to suspend or restrict your driver's license. You have the right to a hearing to contest the suspension. You have the right to be represented by an attorney at the hearing and can present evidence to challenge the suspension. The judge's decision is based on what is called "preponderance of the evidence." It is the more convincing evidence and its probable truth, not the amount of evidence, that will determine the judge's decision. At a negligent operator hearing, skilled representation by an experienced DMV attorney can make the difference between keeping or losing your driver's license.