2011 May Archive

DUI law enforcement officers are trained to stop a suspect vehicle as soon as reasonable suspicion has been established. The methodology of the stop and the driver’s response is usually recorded as additional evidence. A defense attorney from Wallin & Klarich can request video and audio of your Los Angeles DUI stop and police encounter.

Some common reactions observed while stopping a vehicle include:

(1) An unusually fast compliance to the red light and siren.

(2) A slowness or hesitancy to comply.

(3) A driver appears to be ignorant of the attempts made to stop the vehicle.

(4) An attempt to outrun the patrol vehicle.

(5) Unusual activity or a moving about of the occupants within the vehicle.

It is the arresting officer’s responsibility to obtain the evidence necessary to prove the case against you. Officers will record, with varying levels of accuracy, the suspect driver’s abnormal or unusual actions and behaviors. Your Wallin & Klarich DUI defense attorney will attack weaknesses in the evidence and case against you.

If you or a loved one have been accused or charged with DUI in Los Angeles, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case

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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 Los Angeles, California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of either:

(1) blood

(2) breath.

What this means to you?

You are actually 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.

Note the distinction between the hand-held Preliminary Alcohol Screening (PAS) test that may be offered at the scene of the vehicle stop, before you get arrested. Different DUI laws apply to the Preliminary Alcohol Screening (PAS) test, depending on the age of the driver and your prior DUI record. 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.

Make sure that your rights are accurately and aggressively defended after being charged with drunk driving in Los Angeles. Contact the experienced Los Angeles criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com to find out more about how we can help.

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In California, under Penal Codes section 191.5 the crime of gross vehicular manslaughter while intoxicated is a felony offense that involves drunk driving resulting in the unlawful killing of a human being. There is no requirement that the act must be done with premeditation or malice aforethought. Rather, what is required is to show that the accused was acting with gross negligent at the time when the crime was committed. Grossly negligent actions are so reckless that they create a high risk of death or great bodily injury, and it deviates drastically from how a reasonable person would act in the same situation.
Gross vehicular manslaughter while intoxicated is punishable by imprisonment in the state prison for 4, 6, or 10 years. A person, who has been convicted of prior gross vehicular manslaughter or at least 2 prior DUI convictions, may face a prison sentence of 15 years to life. A conviction will also result in the immediate revocation of the person’s driver’s license. Once revoked, driving privileges will not be reinstated until 3 years after the date of revocation. This conviction may also incur a strike pursuant to the California Three Strikes Law.
If you have been accused of gross vehicular manslaughter while intoxicated, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

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The issue of an officer’s request for consent to search is very common in criminal cases and police encounters. You have no obligation to consent to a warrantless search. However, if you do give voluntary consent, you essentially waive an argument that the police did not have probable cause to search. Officers often suggest (or trick suspects into believing) that they will get a warrant if you do not consent to a search. However, if the officers are sure they have probable cause for a warrant, they probably would　get one before they tipped off the occupants to their intentions. Officers generally do not lie about having a warrant, but can and will lie about their ability and/pr intention to obtain one.

Not every person present in a home, room, or business is able to give lawful consent to a search. Authority or apparent authority to consent is required for valid consent. An experienced criminal defense attorney understands the complexities surrounding actual and apparent authority in the context of consent to a warrantless search.

Whenever dealing with law enforcement entry into the home, it is necessary to consult an experienced Southern California criminal defense attorney who can advise you of your constitutional rights. Fourth Amendment search and seizure violations are very common and highly relevant to the outcome your case. Identifying any and all constitutional violations may mean the difference between jail and freedom.

If you or someone you love is facing criminal charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

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The Ventura County District Attorney’s Office prides itself on the stiff penalties it imposes on those convicted of driving-under-the-influence.  Typically, on a first driving under the influence conviction, a person can expect fines, an alcohol program, and informal probation.  In Ventura County however, the punishments are typically more severe.

Driving-under-the-influence is codified under California Vehicle Code Section 23152.  It states in pertinent part that “it is unlawful for any person who is under the influence of any alcoholic beverage…to drive a vehicle”, and that “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.”

In Ventura County, those convicted of a driving-under-the-influence offense in Ventura, can expect, among other punishments, formal probation and jail time on a first time offense.

If you have been arrested or charged with a driving under the influence violation in Ventura County, The best way to ensure your rights are protected, is to hire a criminal defense firm familiar with Ventura County’s criminal courts.
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Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your license.  The attorneys at Wallin & Klarich have been helping people keep their license for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

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If you were recently convicted of Driving Under the Influence of Alcohol (DUI) or if you have a current DUI case pending in Ventura County, you might be in luck! Last week the Ventura County District Attorney’s Office reported that faulty breathalyzers were used to measure blood-alcohol levels in 294 court cases. Out of these 294 court cases, 137 cases are still pending. However, in 157 of these cases, the defendants were convicted of DUI.

The device in question is the Alco-Sensor V Breathalyzer Device. This device is commonly used by law enforcement when conducting DUI investigations. The Alco-Sensor V Breathalyzer, used throughout Ventura County, had a defective mouthpiece which resulted in irregular readings. It was sent back to the manufacturer to be checked and in the meantime, law enforcement officials in Ventura County will be using the Alco-Sensor IV Breathalyzer Device, an older model.

I will definitely be interesting to see how many convictions get overturned and how many pending cases get dismissed as result of thefaulty breathalyzer. Wallin and Klarich will definitely continue to monitor this very closely.   If you or a loved one was convicted as result of the “defective” breathalyzer device or facing a DUI charge, it is important to hire an experienced, aggressive criminal defense attorney! Wallin and Klarich has been in the business of helping people with their DUI matters in Ventura County and throughout Southern California for over 30 years. Call Wallin and Klarich today at 888-749-0034. We have a team of highly skilled Ventura DUI defense attorneys ready to take your call 7 days week, 24 hours a day!

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