Criminal Defense

It was recently reported that police in Illinois arrested Betty Burden, a school bus driver, for felony DUI. Police reported that Burden was pulled over while she was operating a school bus and had a blood alcohol concentration of 0.226, which is nearly three times the legal limit. More importantly, Burden was pulled over after having just dropped off 50 elementary school children ranging in ages from 5 years old to 12 years old.

Just like in Illinois, California punishes individuals who drive under the influence. Under California Vehicle Code section 23152(a), it is against the law for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Furthermore, California Vehicle Code section 23152(b) makes it unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Therefore, if you are driving a vehicle and are pulled over by a police officer with a blood alcohol concentration of 0.08 or higher, you will be arrested with a DUI.

If you or a loved one is facing charges for driving under the influence, contact our Southern California DUI attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving, especially for those who need their driver’s license as a condition of their employment. Please call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

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It was recently reported that GOP State Senator Roy Ashburn was arrested on suspicion of driving under the influence (DUI). Senator Ashburn represents the 18th district of California, which includes Kern, Tulare, Inyo, and San Bernardino counties. Police pulled Ashburn over in Sacramento around 2:00 A.M. During their investigation, it was determined that Ashburn’s blood alcohol content was 0.14 percent, 0.06 percent above the legal limit of 0.08. Ashburn was subsequently arrested for drunk driving. The state-issued car Ashburn was driving at the time of his arrest was also impounded.

Under California Vehicle Code section 23152(a) it is against the law for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Furthermore, California Vehicle Code section 23152(b) makes it unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Ashburn will likely be charged with a violation of both Vehicle Code sections 23152(a) and 23152(b).

If you or a loved one is facing charges for driving under the influence, contact our Southern California DUI attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving. Please call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

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It was recently reported that Vincent Jackson, wide receiver for the San Diego Chargers football team, pled guilty to his second driving under the influence (DUI) offense. Jackson was pulled over and cited for DUI in January of this year. Jackson was sentenced to five years probation, four days in jail, a $2,408 fine, 10 days of community service, mandatory attendance in a MADD (Mothers Against Drunk Driving) class, and involvement in the state’s multiple conviction program, which lasts at least 18 months.

Driving under the influence (DUI) charges are regulated under California Vehicle Code Section 23152. Driving under the influence is normally charged as a misdemeanor (though DUI can be charged as a felony if someone is injured in the crime). A second DUI conviction in 10 years results in an extremely harsh sentence. Very few misdemeanor convictions carry a mandatory jail sentence. While the minimum jail sentence is four days, some judges impose a harsher jail sentence, including 30, 60, and even 90 day jail sentences.

The aggressive Southern California criminal defense lawyers at Wallin & Klarich have been defending the rights of those facing criminal charges such as DUI for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments. They are far more likely to seize cars from unlicensed motorists than catch drivers under the influence.

According to the Orange County Register, an investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found that impounds at checkpoints in 2009 generated an estimated $40 million in towing fees and police fines. This revenue is divided amongst cities and towing firms. Police officers received about $30 million in overtime pay for DUI crackdowns in 2009.

Law enforcement officials and tow truck operators stated that vehicles are predominantly taken from minorities. Sobriety checkpoints often screen traffic within or near Hispanic neighborhoods. Cities where Hispanics represent a majority of the population are seizing cars at three times the rate of cities with small minority populations.

The seizures defy a 2005 federal appellate court ruling that determined police cannot impound cars solely because the driver is unlicensed. In fact, police across California have impounded more than 24,000 vehicles at checkpoints – the percentage of vehicle seizures has increased 53 percent compared with 2007.

Make sure your rights are accurately and aggressively defended. If your vehicle has been seized, or you are charged with DUI or driving without a license, you should contact the experienced Southern California 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 888-764-2615 or visit www.wklaw.com to find out more about how we can help. We will be there when you call.

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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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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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In California, it is a crime to operate a vehicle with .08 percent or more (by weight) of alcohol in his or her blood [California Vehicle Code Section 23152(b)]. California Vehicle Code Section 23152(b) further states that it is a rebuttable presumption that the person had 0.08 percent blood alcohol level, if a chemical test was performed within three hours after driving, which resulted in a 0.08 blood alcohol level or more.

This language begs the question: “What is a rebuttable presumption?” A rebuttable presumption means that the prosecution can assume that you had a .08 percent blood alcohol level at the time you were driving if, at any point within three hours after you were pulled over, you had a .08 percent or higher alcohol content. The assumption can be challenged by evidence offered by the defendant.

Practically speaking, this means that if you are pulled over by law enforcement and you refuse a breathalyzer test, law enforcement can take you into custody, and then at any point within three hours, perform a blood test.

This process can be very detrimental to defendants because blood alcohol levels peak over the passage of time. Thus, if you had your last drink 30 minutes before getting pulled over by law enforcement, it is likely that your blood alcohol level will not have peaked (be at its highest point) at the time you are pulled over. So, your blood alcohol content when you were pulled over could have been below .08 percent, but within 30 minutes (and definitely within 3 hours) it could be at or above .08 percent, leaving the prosecution with the rebuttable presumption that you had a .08 percent or higher blood alcohol content when you were driving.

While DUI cases seem relatively easy, they are in fact quite complex. For this reason, it is important to hire an experienced San Diego drunk driving defense attorney from Wallin & Klarich to defend your rights. The DUI defense attorneys at Wallin & Klarich have over 30 years of experience handling DUI cases and have the skills and expertise to provide you with the best possible defense. Our attorneys are well versed in the science and mechanics of DUIs and have a good track record with our clients. If you or a loved one has been charged with a DUI, call an attorney at Wallin & Klarich immediately. Our attorneys can be reached by phone at 888-764-2615 or through our website at www.wklaw.com. We will be there when you call.

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A conviction for a DUI is an unfortunate event that can happen to the best of us. Its legal ramifications are serious – resulting in jail time, heavy fines, and the loss of driving privileges. Having a DUI conviction on your record can also be a source of embarrassment and can jeopardize your future employment or educational prospects.

However, it is possible to restore your good name. Our experienced California DUI expungement attorneys at Wallin & Klarich can do just that by helping you expunge your conviction. Under California Penal Code section 1203.4, a person who qualifies for expungement can have a court of law set aside the guilty verdict and, with certain limitations, release that person “from all penalties and disabilities resulting from the offense of which he or she has been convicted.” This can mean a clean slate for you, a fresh start.

At Wallin & Klarich, we have been handling DUI conviction cases with passion and vigor for over 30 years. Allow us to apply our extensive knowledge and experience in California DUI law in guiding you through the process of clearing your record. For more information regarding how the attorneys at Wallin & Klarich can assist you with your case, please call 888-764-2615 or visit www.wklaw.com today.

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As one of the premier DUI law firms in San Diego, we talk to many people who have been arrested for DUI’s. One of the frequent comments that we hear is that those arrested for (how can you not catch this obvious error of driving under the influence say that they did not feel intoxicated when they were driving. Many people think they are okay to drive, when in fact they are not.

The truth is that most people do not know when they are too drunk to drive. Some people drive because they are unsure whether or not they are too drunk to drive. Some actually feel like they are perfectly fine to drive. No one is ever sure of what their BAC level is before getting into the car. That fact alone should be enough to lean towards the side of caution. Even if you do not feel drunk, you still may have a BAC of .08% or more, which is enough to be found guilty for a DUI. So, the best thing to do after drinking alcohol, no matter how much alcohol you had, is to not drive. Period.

If by chance you do drive after consuming alcohol and you are arrested for DUI, make sure you contact a San Diego law firm that has years of experience successfully defending those accused of DUI’s. There are many defenses to a charge of DUI. Wallin & Klarich has been helping people charged with DUI in San Diego for over thirty years. Call us at 888-749-0034 or visit our website at www.wklawdui.com. We will be there when you call.

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San Diego 10 News reported on the arrest of William Carroll, a fan attending a San Diego Chargers football game on January 17, 2010. Carroll was removed from the stadium by police, taken to jail, and booked on suspicion of being drunk in public and resisting arrest. An off-duty police officer who was sitting in the same section as Carroll during the game reported his alleged disruptive behavior and drunkenness to police. Police came to the section and they reported that they had to forcibly take him into custody after he refused their requests to come with them. Some fans in the section sided with Carroll and Carroll has denied all allegations. 49 people were arrested at the stadium during the course of the game.

Under California Penal Code 647 (f), it is a misdemeanor for any person to willfully drink alcohol or consume drugs in a public place, and as a result, place him or herself in a condition where he or she is unable to exercise care for the safety of himself or herself, or for the safety of others. The person can also be guilty of this crime if he or she is drunk in public, and that person is interfering or obstructing the free use of sidewalks and other public ways. A public place is considered to be any place that is open and accessible to anyone who wants to be there. Penalties can include probation, jail time, and/or fines.

It is important that you contact a criminal defense attorney if you or a loved one is charged with being intoxicated in public. At Wallin and Klarich, our Southern California drunk in public defense attorneys have over 30 years of experience in handling all types of criminal matters, including alcohol-related matters. Our criminal defense attorneys will work aggressively to provide you with the best possible result in your case. We will walk you through the whole process and fully inform you every step of the way. Contact us today at 888-764-2615 or visit us on the internet at www.wklaw.com. We will be there when you call.

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