2009 December Archive

If you haven’t been reading the news, Senator John Kerry’s daughter was recently arrested in Hollywood, California for driving under the influence of alcohol. According to the police report, her Blood Alcohol Content (BAC) was a .06%. Luckily for her, she was in Los Angeles County when she was arrested. If she were in Ventura County, there was a pretty good chance that the District Attorney would file criminal charges anyway.

Most people know that the legal limit is .08% percent. However, less people know that you can also be prosecuted for a misdemeanor DUI even if your blood alcohol content is below a .08%.

DUI’s are usually filed as two counts on a criminal complaint. California Vehicle 23152(a) and California Vehicle Code 23152(b). Most people are familiar with the latter which states that the defendant’s alcohol content level was at .08 or more at the time of driving.

However, VC 23152(a) basically states that if your ability to drive was impaired because of alcohol, then you can be charged with a DUI even if your BAC was a .08%.

In fact, Ventura County regularly files complaints against people who were arrested with BAC’s of .05% .06%, and .07%. A conviction in Ventura County often means jail time, fines, alcohol classes and probation.

Most Los Angeles based attorneys are not familiar with the quirky nature of the Ventura County Court system. Thus, you should strongly consider retaining Wallin and Klarich, who has a brilliant Ventura DUI defense attorney who works daily in the local Ventura court. The decision as to what law firm you retain can often mean the different between jail and freedom in your case

At Wallin & Klarich, our criminal defense attorneys have years of experience defending those accused of driving under the influence in Ventura County, and are prepared to handle every aspect of your case. Our DUI/DMV attorneys will examine the details surrounding your case, and will provide you with the best possible defense. Don’t hesitate to contact Wallin & Klarich today for an evaluation of your DUI case. Call us today, toll free at 1-888-764-2615.

Use Facebook to Comment on this Post

Tustin, the “City of Trees,” is nestled in central Orange County between the cities of Irvine to the Southeast, Santa Ana to the West, and an unincorporated section of Orange County to the North. Tustin is home to approximately 74,825 people, and is only approximately 11.07 square miles wide.

Although Tustin is a relatively safe community, DUI stops and arrests are common. Someone accused of a DUI in Tustin will need the help of an experienced Tustin criminal defense attorney. When charged with DUI in Tustin, many people are left feeling confused and overwhelmed regarding their rights and the serious consequences they may face. At Wallin & Klarich, our skilled Tustin DUI defense lawyers have been defending the rights of those accused of driving under the influence for many years. We work tirelessly to achieve the best possible outcome on behalf of our clients so that our clients stay out of jail and retain their driving privileges.

At Wallin & Klarich, our criminal defense attorneys have years of experience defending those accused of driving under the influence while in Tustin, and are prepared to handle every aspect of your case. Our DUI attorneys will examine the circumstances of your DUI arrest in order to provide you with the best possible defense. Call Wallin & Klarich 24 hours a day, 7 days a week for a case evaluation at 1-888-764-2615.

Use Facebook to Comment on this Post

In Southern California, a driver’s license is almost as important to your livelihood as actually having a job. Losing your license can mean certain unemployment to people who need to get to work and can’t reasonably use public transportation. So, it’s not surprising that a sense of panic sets in when you get a “suspension notice” from the Department of Motor Vehicles. When this happens you need to immediately contact lawyers that have tremendous experience in DMV hearing defense.

The DMV can attempt to suspend or revoke your driving privilege for many reasons. The “suspension notice” normally will provide you with the legal basis upon which the DMV is acting. The good news is you have an absolute right to a lawyer to assist you before replying to the DMV. You will be provided a “limited window of time” in which to demand a DMV hearing. You should contact our California DMV hearing attorneys before you contact the DMV so we can advise you how best to approach this serious legal matter.

Wallin & Klarich has successfully represented hundreds of persons who were facing the loss of their driving privilege. Don’t hesitate to contact Wallin & Klarich today for an evaluation of your DMV case. Call us today, toll free at (888) 764-2615.

Use Facebook to Comment on this Post

The sky is usually the limit, but not when it comes to DUI stops and your blood alcohol content. In California, driving a vehicle while impaired or driving a vehicle with a blood alcohol content over .08% can both result in misdemeanor criminal charges. A DUI conviction will often result in jail time, a required alcohol program, stiff fines and fees, and three to five years of probation, among other terms and conditions imposed by the judge at your sentencing hearing unless you hire and Orange County DUI Lawyer.

In addition, if you have a prior DUI conviction within ten years of the date of the current offense you are facing mandatory jail time and a lengthy suspension or revocation of your driving privilege. In fact, a fourth DUI conviction within a ten year period can be filed as a felony which can result in a state prison sentence.

A DUI arrest will almost always trigger a suspension of your driver’s license with the DMV, and the court can also suspend your license if the DMV does not. It is vital you contact a DUI/DMV law firm like Wallin and Klarich to assist you in your attempt to save your driving privilege within ten days of your arrest. You have a very limited period of time in which to demand a DMV hearing.

At Wallin & Klarich, our California DUI defense attorneys have years of experience defending those accused of driving under the influence, and are prepared to handle every aspect of your case. Our California DUI/DMV attorneys will examine the details surrounding your case, and will provide you with the best possible defense. Don’t hesitate to contact Wallin & Klarich today for an evaluation of your DUI case. Call us today, toll free at (888) 764-2615.

Use Facebook to Comment on this Post

Whether or not a person was “driving” for the purposes of a DUI requires application of California Penal Code 836. Application of Penal Code section 836 to drunk driving cases nearly always involves a question of whether or not the defendant’s activities witnessed by the arresting officer (or other appropriate person) amounted to the act of “driving” as it is defined for these purposes.

As for what acts constitute “driving,” the California Supreme Court cleared up a lot of confusion with the decision in Mercer v. DMV. (1991) 53 C3d 753, 280 CR 745. That case held that “driving,” in the presence of the arresting officer, requires proof that the arresting officer witnessed volitional movement of the vehicle by the defendant. Thus, the Supreme Court held that if the vehicle is not observed moving, i.e., rolling, then it is not being driven. In order to operate a motor vehicle one does not have to actually move the car. California, however, has a “driving” only statute, and as Mercer points out, this requires actual movement of the vehicle.

It is essential to speak with a knowledgeable criminal defense attorney when facing DUI allegations. An attorney will ensure your constitutional rights are protected. If you or someone you love is being investigated or facing criminal charges in California, contact the experienced Orange County DUI defense attorneys at Wallin & Klarich today at 1-888-764-2615 or www.wklaw.com for a consultation of your case. We can help you.

Use Facebook to Comment on this Post

More and more DUI stops and arrests are the result of another person initiating an anonymous tip phone call to the police. Courts have relaxed the legal requirements necessary to initiate such a stop. It is best to monitor your behavior at all times, even before getting into the vehicle. Often drivers are stopped and arrested for DUI because of belligerent behavior prior to driving, often times, in the parking lot.

An anonymous tip to police regarding a potential drunk driver does not have to come from another motorist. Frequently, a pedestrian, bartender, customer, or convenience store clerk will make the call to police reporting intoxicated behavior.

If you or someone you love is facing DUI charges in California, contact the experienced Southern California DUI attorneys at Wallin & Klarich today at 1-888-764-2615 or www.wklaw.com for a consultation of your case. We can help you.

Use Facebook to Comment on this Post

Seemingly minor legal infractions are the primary cause of drunk driving arrests. What may start as an innocuous police stop, can quickly escalate into a full blown DUI investigation once the officer makes contact with the driver.

Immediately after the officer speaks to the driver, he begins making physical observations about appearance, speech, demeanor, etc. The officer will ask numerous questions, ranging from eating pattern, sleeping pattern, alcohol consumption, etc. Each observation and answer will be detailed in the officer’s police report, which will be sent to the District Attorney’s office for filing of criminal charges.

If you or someone you love is facing DUI criminal charges in California, contact the experienced Southern California DUI defense attorneys at Wallin & Klarich today at 1-888-764-2615 or www.wklaw.com for a consultation of your case. We can help you.

Use Facebook to Comment on this Post

Police who initially suspect a driver of being under the influence of alcohol sometimes change their focus to driving under the influence of drugs when a breath test shows a blood alcohol content (BAC) of less than .08 percent. Several law enforcement agencies have a protocol where a drug evaluation will be undertaken when breath alcohol results in a reading of .05 percent or less. Rather than concluding that they must have been wrong about the motorist being impaired, police will then examine the blood or urine test for drugs.

DUID cases often are investigated by officers who have received training as Drug Recognition Evaluators, or DREs. However, whether or not these officers qualify as drug recognition experts is a matter of debate. DREs will investigate the arrestee for drug impairment by checking pupil size, blood pressure, pulse rate, and other measurements. The officer will examine the driver’s arms and other common sites for injection. The DRE will seek damaging admissions or confessions of drug use. Field sobriety tests may be given again in a controlled and well-lit environment, unlike the usual roadside field sobriety tests. The officer’s observations likely will be used to provide probable cause for arrest as well as evidence for a court case.

However, there are many possible explanations for the so-called signs and symptoms of drug use. Illness, injury, fatigue, and nervousness can all give drivers the appearance of drug intoxication. Because the symptoms of driving under the influence of drugs are so ambiguous, and urine tests so unreliable, it is vital to consult with a Southern California DUI defense attorney who is experienced in defending DUID cases. In defending the rights of those accused of criminal offenses, including drunk driving, Wallin & Klarich has over 30 years of experience as California criminal defense attorneys. Our criminal defense law firm will thoroughly examine your case and investigate the legitimacy of evidence being held against you. To learn more about how we can build you a strong defense in your DUI or criminal case, contact Wallin & Klarich today at 888-764-2615.

Use Facebook to Comment on this Post

Like drunk-driving cases, DUID is proven through circumstantial evidence. Prosecutors introduce evidence of the motorist’s driving pattern, appearance, performance on field sobriety tests, and chemical test results. In DUI cases involving alcohol, California’s Implied Consent Law authorizes a choice between blood or breath tests; in a case where driving under the influence of drugs is suspected, the arrestee’s choice is between a blood or urine test. Urine testing is so unreliable that it is not an option in a drunk-driving investigation, but is an acceptable test for drugs.

Urine testing is inherently unfair in a DUID case because of the amount of time required for different drugs to be eliminated by the body. For example, many stimulants are eliminated by the body in a relatively short period of time, while marijuana can remain in the system for days. Because certain drugs like marijuana remain in the body for a long time, an individual could smoke marijuana on a Saturday and be arrested for DUID on a Tuesday, long after the drug’s effects had worn off.

In defending the rights of those accused of criminal offenses, including drunk driving, Wallin & Klarich has over 30 years of experience as California criminal defense attorneys. Our criminal defense law firm will carefully examine your case and investigate the legality of evidence being held against you. To learn more about how we can build you a strong defense in your DUI or criminal case, contact the California DUI defense lawyers at Wallin & Klarich today at 888-764-2615.

To learn more about the possible circumstances surrounding an arrest for driving under the influence of drugs or prescription medication, please read our next post.

Use Facebook to Comment on this Post

Anyone who drives while using drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, DUID is prosecuted in much the same manner as DUI arrests involving alcohol. Because DUID is a serious charge with substantial repercussions, it’s imperative to have excellent legal counsel. A California DUI attorney experienced in defending DUID cases will aggressively fight the charges, and keep negative consequences to a minimum.

The crucial point in any California DUID case is whether or not the accused motorist meets the legal definition of being under the influence. In a DUID case, “under the influence” is defined as unable to operate a vehicle with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.

It does not matter if the drug taken is legal or illegal. It doesn’t matter if the drug is prescribed or not – even taking over-the-counter cold medicine can result in a DUID case. The only question is whether the legal definition of driving under the influence of drugs is satisfied.

Unlike drunk-driving cases, there is no “legal limit” when it comes to driving under the influence of drugs in California. The sole question is whether the driver is impaired due to the “level of drugs” that were found in their system when their blood was drawn. In fact, it is often difficult for the prosecution to establish what “level” of a particular drug will make one “legally impaired”. This is why it is a very good reason to retain a law firm that has years of experience in defending people accused of “driving under the influence of drugs.”

In defending the rights of those accused of criminal offenses, including drunk driving, Wallin & Klarich has over 30 years of experience as California criminal defense attorneys. Our criminal defense law firm will meticulously examine your case and investigate the validity of evidence being held against you. To learn more about how we can build you a strong defense in your DUI or criminal case, contact Wallin & Klarich today at 888-764-2615.

Please learn more about the possible circumstances surrounding an arrest for driving under the influence of drugs or prescription medication by reading our next post.

Use Facebook to Comment on this Post