2010 March Archive

KTLA gave the details of Rip Torn’s recent arrest in Salisbury, Connecticut. The story reported that Torn was allegedly extremely intoxicated when he broke into the Litchfield Bancorp Bank through a window while carrying a loaded .22-caliber revolver in his pocket.

He is currently facing the following charges stemming from the incident: Criminal trespass, carrying a gun without a permit, carrying a gun while intoxicated, burglary and criminal mischief. Police stated that Torn thought he was in his own home and not in the bank. He didn’t threaten anyone with the gun during the event. Torn has previously been charged with DUI charges; once in Connecticut and twice in New York. His attorney was quoted as saying, “There’s an alcohol issue that needs to be addressed.” The attorney also said that Torn will be going into a New York alcohol rehab center soon.

If you or a loved one is facing criminal charges such as any of the above, it is critical that you talk to an experienced attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all criminal matters, including alcohol-related cases. Our Southern California drunk in public defense attorneys will guide you through the complex criminal court system ensuring that you understand your rights and fight to get you the best possible result in your case. Call us at (888) 764-2615 or visit us on our website at www.wklaw.com. We will be there when you call.

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It is important to understand that California imposes what is referred to as an “implied consent” law. This law states that if you drive a car in California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of either your:

1. blood;
2. breath; or
3. urine (only in cases where you are suspected of driving under the influence of drugs).

This means that you are required by law to submit to a chemical test to determine the alcohol and/or drug content in your body after you have been lawfully arrested for a California DUI.

However, the hand-held Preliminary Alcohol Screening (“PAS”) test that may be offered at the scene of the vehicle stop, before you get arrested, is not mandatory under this or any California law. Understand that your submission to the PAS test on the side of the road does not absolve you of your legal duty to submit to a subsequent chemical test at the police station.

Although the PAS test is non-mandatory for adults, it is mandatory for those under 21. If you are under 21 and suspected of DUI, you are also deemed to have given consent to the PAS and an additional blood, breath, or urine test.

If you or a loved one has been charged with a DUI, it is critical that you talk to an experiences criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years experience in defending DUI cases. Our attorneys will defend your rights and fight for the best possible result in your case. Call us at 888-764-2615 or visit us on our website at www.wklaw.com. We will be there when you call.

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California has two separate laws for DUI. One provision criminalizes “driving under the influence of drugs or alcohol (or both),” while the other provision criminalizes “driving with a blood alcohol level of .08 or higher.” Therefore, even if your blood alcohol level was under .08 at the time you were stopped, you may still be arrested and convicted of DUI if you were under the influence when stopped.

Under these circumstances, hiring an aggressive criminal defense attorney is critical. An experienced San Diego criminal DUI defense attorney may be able to convince the prosecutor not to file charges because they have a weak case, or may be able to get the charges reduced.

The DUI defense attorneys at Wallin & Klarich will look at the unique facts of your case and use them to aggressively fight the charges on your behalf. In addition, Wallin & Klarich will fight for you at the DMV hearing and try to keep your driver’s license from being suspended.

If you or a loved one has been arrested or cited for DUI, it is essential that you immediately contact an experienced Southern California DUI defense attorney. The attorneys at Wallin & Klarich have been handling DUI matters for more than 30 years, and know how to protect your rights in court and fight for your driving privileges with the DMV. Please contact Wallin & Klarich today at 888-764-2615 for a free case evaluation, and visit us on the web at www.wklaw.com. You may also visit our DUI page to learn more about the charges you are facing. We will be there when you call.

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In a recent ruling, the California Supreme Court found that those individuals charged with driving under the influence could challenge blood-alcohol findings based on the possible inaccuracies of Breathalyzer results. This ruling by the Supreme Court may potentially diminish the prosecution’s case against those charged with driving under the influence.

California Vehicle Code Section 23152 (b) states “it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” Under current California law, a suspected drunk-driver is required to submit either a blood test, which measures the amount of alcohol in the blood, or a Breathalyzer test.

The California Supreme Court held that the formula for converting breath to blood-alcohol levels might, in some cases be inaccurate. The court considered various factors that could be raised to challenge the results of a Breathalyzer test in defending a charge of driving under the influence.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive and experienced criminal defense attorney. Hiring an experienced Southern California DUI criminal defense attorney can greatly increase your chances of keeping your freedom, and ensuring you get the best possible result in your case. With over 30 years of experience, our attorneys will examine your case and fight for you. Call us at 888-764-2615 or go to our website at www.wklaw.com for more information. We will be there when you call.

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