2012 June Archive

In California, a person may be charged with a felony for driving under the influence if someone other than the driver is injured in an accident.  If you were driving under the influence, and you cause injury another person while doing so, prosecutors will likely charge you with “DUI with injury” under California Vehicle Code section 23153.

California Vehicle Code section 23153 states in pertinent part 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.”

The punishment for a felony DUI conviction can be up to four years in custody. In this case, the court sentenced the defendant to eleven years in state prison.  The defendant pleaded guilty to CVC 23153 for driving under the influence of methamphetamines and for leaving the scene of the accident (CVC 20001). A nineteen year-old woman and her two young children were injured as the defendant’s vehicle struck them while they attempted to cross the street.

The Newport Beach felony DUI attorneys at Wallin & Klarich have been successfully defending persons accused of felony DUI with injury for over 30 years.  Hiring an experienced Newport Beach felony DUI lawyer can greatly increase your chances of keeping your freedom. Please contact our firm by calling 1-888-764-2615 to receive immediate assistance.

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The Memorial Day holiday ended with a fiery accident on the Harbor Freeway which took the life of a 19-year-old man. Various media, including the Los Angeles Times, report that the accident was thought to be the result of driving under the influence.

Early Tuesday morning Christopher Rivera was driving eastbound on the 110 Freeway when his Honda became disabled. He pulled to a stop in the gore zone where a lane of the 110 veers off into the Glenn Anderson 105 Freeway. Another driver, Mark A. Urbina, age 22, approached in his 2007 Nissan Sentra and attempted to switch into the veering lane. He failed to negotiate the lane change properly and smashed into Rivera’s car.

Urbina managed to flee his vehicle just before it burst into flames. Los Angeles County firefighters reported to the scene doused the fire and extricated Rivera from his wrecked Honda. They transported him to St. Francis Medical Center in Lynwood, but doctors were unable to save him.

Urbina was also injured slightly. He was arrested on suspicion of driving while intoxicated. He may also be charged with gross vehicular manslaughter while intoxicated. He is being held on $100,000 bail.

If you are charged with driving under the influence it is imperative that you hire a strong Los Angeles DUI attorney. A conviction can lead to loss of your license and more. The attorneys at Wallin & Klarich have more than 30 years of experience in DUI defense. Call us for a consultation today at (888) 749-0034.

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California is not playing games when it comes to drunk driving. A law enacted earlier this year substantially increases the penalties for a third DUI conviction, including a three-year revocation of driving privileges. Losing the right to drive, and potentially spending time behind bars, can severely damage a person’s ability to earn a living and carry out everyday activities. For this reason, Los Angeles DUI attorneys will often try to negotiate or plea down a charge to a lesser offense, such as dry or wet reckless driving.

One of the most troubling aspects of a DUI conviction is that it is priorable. This means that if a person has another conviction within ten years it will count as a second offense, and accordingly will be punished more severely. Wet reckless became an option in 1982, and was designed to help prosecutors get convictions in cases that were borderline. If, for instance, a defendant was taken into custody and his blood alcohol level tested at .07, he is .01 away from being legally drunk. In these cases, the prosecutor may offer a “wet reckless” to the accused to resolve the case.

A DUI attorney may suggest a defendant take such a plea if the evidence suggests it is his best option. The defendant pleads nolo contendere, which in essence means “I do not wish to contend.” He is still receiving a conviction, but the penalties are generally much less severe than those for a DUI. On first offense a wet reckless can carry up to 90 days in jail, and 1-2 years of probation. By contrast, a first offense DUI can result in up to 5 years of probation and a mandatory 6 month license suspension.

Wet reckless is still considered a DUI conviction by insurance companies. Moreover, if an individual is arrested again within ten years for drunk driving, it is considered a priorable offense. For this reason, it can be more beneficial for a defendant to accept a wet reckless plea bargain on a second DUI arrest.

The major distinction between wet and dry reckless is that the latter is not priorable. However, while this certainly makes it a more attractive option for a defendant, prosecutors are often hesitant to offer it. Most often a dry reckless will be put on the table when the people’s case possesses considerable flaws or the blood alcohol level was just below .08.

Insurance companies are generally reluctant to continue covering individuals who have DUI convictions. A dry reckless does not generate a DUI conviction on one’s record, and is less likely to result in loss of insurance or substantially increased premiums.

Receiving a drunk-driving conviction can seriously impede your ability to work. It may also place you behind bars. If you are charged with drunk driving it is imperative that you hire a strong Los Angeles DUI attorney. We at the Law Offices of Wallin & Klarich have over 30 years of experience helping individuals like you. Call us today at (888) 749-0034.

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