Driving Under the Influence of Drugs

An Orange County Man was sentenced last week to almost 20 years to life in prison for killing a woman while driving impaired Valentine’s Day 2010.  A jury convicted twenty-four-year-old, Gustavo Adrian Vega of second-degree murder. He was also found guilty of one count of felony hit-and-run resulting in death and one count of possession of cocaine.

Back in 2006, Vega was convicted of DUI and at that time was warned in court that if a future drunken driving crash resulted in someone being killed, he could be charged with murder.  Vega was driving on Flower Street in his vehicle which ran a red light and hit another vehicle. The victim, who was a passenger, died at scene.  A DUI can be raised to a second degree murder charge if there has been a prior conviction for DUI. A second degree murder charge carries with it a 15 years to life prison commitment. 

Are you or a loved one being charged with second degree murder as a result of a DUI arrest? You will need to contact an experienced Orange County DUI law firm like Wallin & Klarich. If you or a loved one is facing this charge and need to contact an Orange County DUI attorney, contact the criminal defense attorneys at Wallin and Klarich.  At Wallin and Klarich we have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case.  We will work to ensure that your rights are protected and that you clearly understand the legal process.  The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

Did you find this blog helpful? Leave us a comment and let us know.

Use Facebook to Comment on this Post

Most DUI arrests begin with a traffic stop.  Once you have been pulled over, the police officer may conduct an investigation, after which they may arrest you and charge you with driving under the influence.  An officer needs probably cause to pull you over though.  In other words, you need to have violated a traffic law for the stop to be legal.  An experienced Orange County DUI lawyer can determine if the traffic stop was legal, and attempt to suppress all evidence against you for a DUI charge or any other subsequent charge that may be filed against you.

One common traffic violation is failure to use a turn signal.  Under California law, a driver must use their vehicle turn signal in the event any other vehicle may be affected by driver’s movement.  A driver in violation of this law may be stopped by a police officer, detained and a citation issued.  Also, if you are detained, a police officer may likely look for probable cause to investigate you or search your vehicle and may find contraband, such as drugs or alcohol.

An exception to this rule is if there are no other cars on the road.  For example, if you are driving late at night on an empty road and fail to signal prior to making a turn, there is no violation.  Therefore, if a police officer pulls you over for not using your turn signal when there are absolutely not other car on the road, and you are then subsequently charged with a crime, a Court must exclude all evidence of that crime at trial.

If you have been arrested as the result of a search conducted of your vehicle following a traffic stop, it is extremely important that you contact an experienced criminal defense attorney who can exclude the evidence at trial.  If you or a loved one is charged with a crime, you should contact our experienced defense attorneys at Wallin and Klarich.  We have been protecting the rights of individuals accused of crimes for over three decades.  You can call us at 1-877-466-5245, we will be there when you call.

Use Facebook to Comment on this Post

Absolutely you should take an experienced DUI attorney to the administrative hearing at the DMV. Having an attorney represent you at a DMV hearing is a right that you have. This can also make the difference between saving your license and your privilege to drive a motor vehicle or not.

The DMV will automatically suspend your license 10 days after you are arrested for a DUI offense in California. Within 10 days of your arrest, you must call DMV to request a hearing to set aside their action to suspend your license.

The DMV will also have negligent operator hearings if you have too many points on your driving record. It is also imperative to have an experienced attorney to represent you in any DMV administrative hearing matter.

Other hearings through the DMV can also arise if you were in an accident and someone was injured or died and/or if you were cited or arrested for that accident where an injury or death occurred.

Do not leave the possibility of having your license suspended, revoked or restricted to chance. Other consequences to not having a valid license include citations or arrest for driving without a valid license and the reliance on family member or friends to drive you around or utilizing public transportation, which most certainly can be a hardship. Hire the San Bernardino County experienced attorneys at Wallin & Klarich to represent you in any DMV matter.

If you or someone you love has been accused of a DUI offense and causing injuries in California, contact the experienced San Bernardino County criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklawdui.com for a consultation of your case. We can help you especially on DMV matters where your driver’s license is at risk.

Use Facebook to Comment on this Post

The short answer is yes. Driving under the influence of alcohol or drugs, whether they are  prescription medications or illegal drugs, places everyone who is on the  road at risk. Typically, a first time DUI does not send a person to prison, however, depending on the facts and injuries and other factors, even a first time offense could land you in serious trouble.  It is important to hire an experienced Southern California DUI attorney if you are charged with driving under the influence.

On July 2, 2011 a former sheriff’s deputy was given a sentence of 32 months in prison for multiple felonies, including DUI and injuring an elderly woman in an off-duty collision involving prescription medications. Allan James Waters, 37, of Laguna Niguel pled guilty back in April to twelve various felonies. He also pled to a sentencing enhancement for causing great bodily injury during a crash.

Waters was driving erratically, when he crossed over the middle lane and crashed into a car driving in the left lane. The victim’s vehicle was pushed onto the wrong side of the road. The female victim, who was the passenger in that vehicle, was taken to the hospital after sustaining injuries to her back.

Have you been charged with causing injury to another person while driving under the influence of prescription medications in violation of Vehicle Code section 23153(a)?

The prosecution must prove that:

1. You drove a motor vehicle.

2. When you drove, you were under the influence of a drug.

3. When you were driving, you also committed an illegal act or neglected to perform a legal duty. AND

4. This illegal act or failure to perform a legal duty caused bodily injury to another person.

You are under the influence if, as a result of taking a drug, your mental or physical abilities are so impaired that you are no longer able to drive a vehicle with the caution of a sober person using ordinary care under similar circumstances.

If you or a loved one have been accused or charged with a DUI, 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 experience handling these types 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.

Use Facebook to Comment on this Post

On January 31, 2001 Minnesota Vikings football player, Everson Griffen, was arrested for allegedly assaulting an officer after a traffic stop. According to media sources, police say officers used a stun gun to subdue Griffen during a struggle after he tried to flee on foot.

According to reports, Griffen was arrested twice in California over a span of three days. His first arrest took place on January 28^th for allegedly being publicly intoxicated in Hollywood, CA (P.C. 647(f)). He was then arrested for the much more serious felony charge of battery of a policeman which took place on Monday, just three days later (P.C. 243 (c)(2)).

In California, battery on a police officer is considered a “wobbler”, which means the charge may be filed as a misdemeanor or a felony. Under California Penal Code Section 243(c)(2) battery on a police officer is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or two or three years, or by both that fine and imprisonment.

The Los Angeles County Sheriff’s jail website indicates Griffen was released early Tuesday on $50,000 bail. Griffen is due back in court in Los Angeles on February 25, 2011.

If you or a loved one are accused of battery on a police officer or public intoxication, it is vital that you hire an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have the knowledge and skill that comes with over 30 years of experience in handling all types of criminal related matters. We will aggressively represent your interests and fight for you. Call us at 888-749-0034 or visit us at our website at www.wklaw.com. We will be there when you call.

Use Facebook to Comment on this Post

Use Facebook to Comment on this Post

In California, Health and Safety Code section 11352 prescribes punishment for sale and transportation of certain controlled substances including prescription drugs. Under the law, every person who offers to or actually transports, imports into California, sells, furnishes, administers, or gives away a controlled substance will be in violation of Health and Safety Code section 11352. To be convicted of this offense, the prosecution is only required to prove that the defendant was aware of the substance’s presence and that it was a controlled substance.
Sale and transportation of a controlled substance is a very serious crime in California. A conviction under this section may be punishable by imprisonment for up to five years in state prison when a person transports, or attempts to transport or import into California, sell, furnish, administer, or give away certain controlled substances. An individual who is convicted of transporting a controlled substance for his or her personal use may be eligible for probation that will include specific conditions requiring successful completion of a court ordered drug treatment program.
<strong>
</strong>
If you have been accused of transpiration of a controlled substance for sale, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin &amp; 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 <a href=”http://www.wklaw.com/transfer-sale-controlled-substance-overview”>www.wklaw.com/transfer-sale-controlled-substance-overview</a>. We will be there when you call.

Use Facebook to Comment on this Post

In California, it is a crime to operate a vehicle while under the influence of drugs or alcohol. The legal limit alcohol (measured in a percentage of blood alcohol content) is .08 percent. California Vehicle Code Section 23152(b) states that 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. However, Vehicle Code Section 23152(a) states that 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.

The practical meaning of Section 23152(a) is that law enforcement does not have to prove that you are under the influence of drugs or narcotics until after they have pulled you over and formed a reasonable suspicion that you may be driving under the influence. It is easier for law enforcement to form a reasonable suspicion that you are under the influence of alcohol and the reasonably reliable breathalyzer test is a quick way to prove it one way or the other. However, in determining if you are under the influence of drugs or narcotics, law enforcement may not be able to readily determine what kind of drug or narcotic you may be under the influence of.

Law enforcement will usually look for side effects of drugs or narcotics to form their reasonable suspicion that the driver may be under the influence. Some common indicators are droopy eyes, bloodshot eyes, slurred speech, and slower motor skills. If officers “notice” any of these signs, they may ask to perform a field sobriety test or may even arrest you on the spot—without actual proof that you are under the influence of drugs or narcotics. Law enforcement can even arrest you for being under the influence of prescription drugs if they feel that the drugs are impairing your driving ability.

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 Southern California 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.

Use Facebook to Comment on this Post

Police who initially suspect a driver of being under the influence of alcohol sometimes change their focus to driving under the influence of drugs when a breath test shows a blood alcohol content (BAC) of less than .08 percent. Several law enforcement agencies have a protocol where a drug evaluation will be undertaken when breath alcohol results in a reading of .05 percent or less. Rather than concluding that they must have been wrong about the motorist being impaired, police will then examine the blood or urine test for drugs.

DUID cases often are investigated by officers who have received training as Drug Recognition Evaluators, or DREs. However, whether or not these officers qualify as drug recognition experts is a matter of debate. DREs will investigate the arrestee for drug impairment by checking pupil size, blood pressure, pulse rate, and other measurements. The officer will examine the driver’s arms and other common sites for injection. The DRE will seek damaging admissions or confessions of drug use. Field sobriety tests may be given again in a controlled and well-lit environment, unlike the usual roadside field sobriety tests. The officer’s observations likely will be used to provide probable cause for arrest as well as evidence for a court case.

However, there are many possible explanations for the so-called signs and symptoms of drug use. Illness, injury, fatigue, and nervousness can all give drivers the appearance of drug intoxication. Because the symptoms of driving under the influence of drugs are so ambiguous, and urine tests so unreliable, it is vital to consult with a Southern California DUI defense attorney who is experienced in defending DUID cases. In defending the rights of those accused of criminal offenses, including drunk driving, Wallin & Klarich has over 30 years of experience as California criminal defense attorneys. Our criminal defense law firm will thoroughly examine your case and investigate the legitimacy of evidence being held against you. To learn more about how we can build you a strong defense in your DUI or criminal case, contact Wallin & Klarich today at 888-764-2615.

Use Facebook to Comment on this Post

Like drunk-driving cases, DUID is proven through circumstantial evidence. Prosecutors introduce evidence of the motorist’s driving pattern, appearance, performance on field sobriety tests, and chemical test results. In DUI cases involving alcohol, California’s Implied Consent Law authorizes a choice between blood or breath tests; in a case where driving under the influence of drugs is suspected, the arrestee’s choice is between a blood or urine test. Urine testing is so unreliable that it is not an option in a drunk-driving investigation, but is an acceptable test for drugs.

Urine testing is inherently unfair in a DUID case because of the amount of time required for different drugs to be eliminated by the body. For example, many stimulants are eliminated by the body in a relatively short period of time, while marijuana can remain in the system for days. Because certain drugs like marijuana remain in the body for a long time, an individual could smoke marijuana on a Saturday and be arrested for DUID on a Tuesday, long after the drug’s effects had worn off.

In defending the rights of those accused of criminal offenses, including drunk driving, Wallin & Klarich has over 30 years of experience as California criminal defense attorneys. Our criminal defense law firm will carefully examine your case and investigate the legality of evidence being held against you. To learn more about how we can build you a strong defense in your DUI or criminal case, contact the California DUI defense lawyers at Wallin & Klarich today at 888-764-2615.

To learn more about the possible circumstances surrounding an arrest for driving under the influence of drugs or prescription medication, please read our next post.

Use Facebook to Comment on this Post