2010 January Archive

Recent headlines are reporting that a 17-year-old high school student died after apparently drinking too much alcohol at a party for high school teenagers. According to reports, the party promoters advertised the party on Facebook and charged an admission fee of $5. The news went on to report that the 18-year-old party host threw the party while her parents were out of town and provided the alcohol for those in attendance.

Tragically, one of the teens in attendance apparently drank too much and died. A criminal investigation is now underway. Those found to be responsible could face serious consequences.

California Business and Professions Code section 25658(c) states:

• Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under the age of 21 years, and the person under the age of 21 years thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor.

If anyone is found liable for violating B&P 25658(c), the persons responsible may face a minimum of six months in jail and a maximum of one year in county jail. [Cal B&P 25658(e)(1)]

With the stakes so high, it’s important that the people being investigated do two things:

1. Assert their right to remain silent and
2. Get an attorney as soon as possible

Having an attorney guiding you through the legal process is extremely important and can mean the difference between the case being rejected by the District Attorney or a conviction. If you or a loved one is being investigated for a similar crime, please don’t hesitate to contact Wallin & Klarich as soon as possible. Contact the experienced Pasadena criminal defense lawyers at Wallin & Klarich today at 1-888-764-2615 or www.wklaw.com for a consultation of your case. Your criminal defense attorney can devote the time to your case which will ensure a thorough defense and a protection of your rights.

Source:http://www.pasadenastarnews.com/news/ci_14029947?source=rss

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In California, it is a crime to operate a vehicle or vessel (boat) if you are under the influence of drugs or if you have a blood alcohol content equal to or greater than .08 percent. California Vehicle Code Section 23153(a) states that it is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

California Vehicle Code Section 23153(a) will come into play if you are involved in a car accident while under the influence of alcohol and someone (besides you) was injured. You can be charged with a violation of Section 23153(a) if a passenger in your car is injured or if someone in another vehicle is injured. You may also be charged with a violation of 23153(a) if you neglect a duty imposed by law in driving the vehicle. This means that if are in an automobile collision (and there are no injuries besides your injuries) and then leave the scene of the accident, you can be charged with a violation of Section 23153(a) because in California, it is a crime to flee/leave the scene of an accident.

DUI cases are very serious in California and it is important to hire an experienced DUI defense attorney to defend your rights. The experienced San Diego DUI defense attorneys at Wallin & Klarich have the skills and expertise to provide you with the best possible defense. Our attorneys have over 30 years of experience handling DUI matters and are well versed in DUI law. If you or a loved one has been charged with a violation of California Vehicle Code Section 23153(a) you should call an experienced attorney at Wallin & Klarich immediately. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklawdui.com for more information. We will be there when you call.

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Governor Schwarzenegger signed a bill – SB 598 – which will give a repeat DUI offender the opportunity to apply for a restricted driver license with an ignition interlock device placed on their vehicle. The bill will impact both second-time DUI and third-time DUI offenders.

Under existing law, a person convicted of a second-time DUI must serve at least 12 months of a two-year license suspension before applying for restricted status. The new SB 598 law shortens the 12-month period to 90 days. Similarly, under existing law, a person convicted of a third-time DUI who was required to serve 12 months of a three-year suspension before applying for restricted status must now wait only six months.

A suspended license prohibits your driving privilege entirely. A restricted license allows you to drive to and from work or school, and to and from a court-ordered DUI program.

Two critical elements of SB 598 include the following: (1) A person who wants to take advantage of the shortened period must install an ignition interlock device (IID) on any vehicle he or she drives and (2) the law does not go into effect until July 10, 2010.

Most individuals charged with DUI in Southern California are not aware of the most current DUI laws which may directly impact DMV-related driver’s license suspensions. At Wallin & Klarich, our aggressive Southern California DUI defense lawyers have been protecting the rights of those charged with DUI for many years and understand just how high the stakes can be against you. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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According to a report by San Diego 10 News, 496 people were arrested on suspicion of driving under the influence between December 16 and December 26 in 2009 in San Diego County. The report compared that to the total during the same time period last year and found that is was substantially higher than the reported 323 arrests in 2008. These arrests were made in conjunction with the California state-wide anti-DUI program called AVOID. AVOID provides funds by way of grants to law enforcement agencies during holidays to allow police to concentrate on drunk driving arrests on California streets and highways.

If you or a loved one find yourself facing a DUI charge, it is important to seek knowledgeable legal counsel. At Wallin and Klarich, our DUI attorneys have the experience and skills needed to provide you with the best defense against your DUI charge. Our San Diego DUI attorneys will explain the legal process that occurs following a DUI arrest which can be very complicated. Our DUI attorneys have the necessary expertise to seek ways to get charges reduced and ensure your rights are protected. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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In California, it is a crime to operate a vehicle with drugs in your system or with a blood alcohol level equal to or greater than .08 percent. Most people think that you can only get a DUI if you are on a public road or highway; however, California allows law enforcement to issue DUIs on private property. Section 23215 of the California Vehicle Code states that law enforcement may, but is not required to, provide patrol or enforce the provisions of Section 23152 (the actual DUI Section) for offenses which occur other than upon a highway.

The practical implication of this law means that a person can get a DUI even if they are “off roading” on land not designated as a public road. In fact, law enforcement can issue DUIs on lands, other than a highway, that are open and accessible to the public except private lands under the immediate control of the owner or his or her agent where permission is required and has been granted to operate a motor vehicle. This means that, even if you are on private property, if the land is accessible to the public and is not within the immediate control of the owner, you can still be cited with a DUI.

If you or a loved one has been charged with a DUI in violation of California Vehicle Code Section 23215, call the experienced DUI defense attorneys at Wallin & Klarich immediately. Our attorneys have over 30 years of experience handling DUI matters and have the skills and expertise to provide you with the best possible defense. Our attorneys may be able to prove that the land was posted and thus not open to the public. DUIs are serious offenses in California and should not be taken lightly. Call an experienced DUI defense attorney at Wallin & Klarich today. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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San Diego 10 News.com reported that a woman entered a plea of not guilty to gross vehicular manslaughter while intoxicated. The woman was allegedly driving along a street in Poway when she veered off into the bike lane, onto a curb, and hit a mother of two who was walking along the side of the road. The woman who was hit, a pedestrian, was killed. The accused woman is suspected of being under the influence of depressants.

Vehicular manslaughter is defined as a crime that results in the unintentional death of a person while driving a vehicle in an illegal manner. If the charge also includes gross negligence, then the definition includes driving with extreme recklessness and no concern for the well-being of others. This crime is a felony and penalties for a conviction can be up to 10 years in prison.

If you or a loved one is currently facing a charge of gross vehicular manslaughter, it is vital to contact an experienced Criminal Defense attorney. At Wallin and Klarich, we have knowledgeable Southern California vehicular manslaughter defense attorneys throughout Southern California who will work to provide you with the best defense. We will help your through the complex criminal court system. Call us at 1-888-764-2615 or visit our website at www.wklawdui.com

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San Diego 6 reported on the arrest of a woman following a car accident in Encinitas. The woman was allegedly drunk when she drove through a barricade put up for the Encinitas Holiday parade. After driving through the barricade, she hit an island in the middle of the road. Two kids were in the vehicle at the time of the accident, so Wright was also charged with child endangerment.

Child endangerment offenses occur when a child’s life or health is put in harm’s way by an adult. When this charge is in connection with a DUI, it is usually charged as a felony. This felony conviction can result in jail time, fines, probation, mandatory DUI classes, and loss of your license.

If you or a loved one has been charged with child endangerment in connection with a DUI, it is important to seek out an experienced DUI attorney since a conviction can leave you facing serious consequences. At Wallin and Klarich, our DUI attorneys throughout Southern California can inform you of your rights, plan your defense, and help you understand the complicated legal system in regards to your DUI and child endangerment charges. Our Southern California DUI attorneys will work to provide you with the best possible outcome. Call us at 1-888-764-2615 or visit our website at www.wklawdui.com

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A recent decision in The California Supreme Court has made it easier for individuals accused of DUI to challenge the results of breathalyzers. The California Supreme Court ruled unanimously that defendants can present evidence to show that the results of these devices failed to accurately reflect the amount of alcohol in a person’s blood.

A person accused of DUI can elect to submit to a blood test or a breath test. A breath sample must be converted by formula to derive a blood alcohol percentage in a person. Several significant factors can contribute the ratio of breath alcohol to blood alcohol including body temperature, medical conditions, gender and precision/accuracy of the measuring device.

Experts have indicated that the breathalyzer results may not always accurately show a person’s level of intoxication. This decision is very significant in defense of suspected DUI drivers.

Have you or a loved one recently been charged with a DUI offense? It is important to contact an experienced San Bernardino DUI attorney to represent you against these charges. At Wallin and Klarich, our defense attorneys have successfully represented many clients in this situation. Call us at 1-888-764-2615 or visit our website at www.wklawdui.com

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Yes.

And here’s why:

California Vehicle code section 23152(a) states “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

So, if you’re under the influence of a alcohol or drug (or both) AND driving a vehicle, then you’re in violation California Vehicle Code Section 23152(a).

How does the law define “under the influence?” The answer lies in the instructions read to the jury at trial.

According to the jury instructions, “A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”

Notice that the instruction makes no mention of the blood alcohol content or BAC of the person accused.

The district attorney will use other evidence other than the blood alcohol result in an attempt to prove the charges such as the driving pattern and defendant’s performance on the field sobriety tests.

What this means is that based upon the police report and other factors the District Attorney can choose to prosecute you for DUI even if your blood test result is less than .08.

That said, just because you’re arrested for a DUI, doesn’t mean you’re going to be convicted of a DUI. In these types of cases, there are several defenses an experienced San Diego DUI defense attorney can use to help you win your case. Your attorney will review your entire case and develop a defense strategy unique to the facts of your case. You need a skilled DUI defense attorney who is familiar with the defenses and willing to go to trial. Wallin & Klarich has represented thousands of clients who were facing DUI charges and are very well versed in the intricacies of DUI cases. We are trial tested attorneys and are ready to meet you and discuss your options and defenses. Call Wallin & Klarich 24 hours a day, 7 days a week for a case evaluation at 1-888-764-2615.

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Anyone who has been arrested and charged with Driving Under the Influence in California should always consider hiring a private criminal defense attorney to represent them in court. Competent defense attorneys know what to look for in police reports to build a defense to your case. One defense that should always be considered is a motion to suppress evidence under California Penal Code 1538.5

The most common way to attack a DUI is to file a motion to suppress evidence which challenges the initial stop of the defendant’s vehicle. Many times, police officers will make up reasons to pull over vehicles on a hunch that they will be able to make a DUI arrest. For example, some officers will stake out bars and pull people over simply because they left the parking lot of a drinking establishment. If a Judge rules that police did not have reasonable suspicion to pull the person over in the first place, then the arrest is unlawful and any evidence gathered by law enforcement after they pulled the person over would not be admissible at that person’s trial. In a DUI case, that inadmissible evidence would include any evidence of the person’s blood-alcohol content. Other potential evidence that would be inadmissible at trial could include any observations made by the police, odors of alcohol they might have observed, results of field sobriety tests, and any statements and/or admissions that the defendant might have made to the police. In a successful motion to suppress evidence, the prosecutor is typically left with little to no evidence to prosecute the defendant and all charges are typically dismissed.

It is important to know that any arrest in California without a warrant is presumptively unconstitutional. That means that the burden is on the prosecuting attorney to prove that the initial detention and subsequent arrest by the police was constitutionally justified. In order to do that, the prosecutor will have to subpoena the police officer who initially stopped the defendant’s vehicle to explain their reasons for doing so. Sometimes these officers have a hard time remembering the facts of the case and other times they have a hard time lying under oath when they know that they didn’t have a good reason to pull the defendant over. There are also times when an officer is simply a poor witness who isn’t credible and isn’t able to explain his actions under intense cross-examination by a competent defense attorney. In many of those cases a Judge will grant the motion to suppress evidence and the defendant will avoid a DUI conviction. Evaluating a case for a viable motion to suppress is just one of many good reasons to hire a competent criminal defense attorney to represent you in your DUI case.

At Wallin & Klarich, our criminal defense attorneys have years of experience defending those accused of driving under the influence while in southern California, and are prepared to handle every aspect of your case. Our Southern California 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.

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