Death As A Result of DUI Can Result in Murder Conviction

A jury convicted a drunken driver of murder in the deaths of Angels’ pitcher Nick Adenhart and two of his friends. The driver faces 50 years to life in state prison. The D.A. charged the case as second-degree murder instead of manslaughter (a lesser charge) because the driver had a previous DUI conviction, had specific knowledge of the dangers of drinking and driving from his own experience and had signed a court form from the earlier case saying he understood he could be charged with murder if he drove drunk again and killed someone. This knowledge imputed on the driver is known in California courts as the “Watson” waiver. Read more

DUI Checkpoints Assist California’s Financial Crisis

A recent story published on AlterNet.org describes the economic incentives behind the increasing number of DUI checkpoints in California, particularly in Orange and L.A. County. The federal government provides the California Office of Traffic Safety about $100 million each year to promote responsible driving that reduces roadway deaths. Of that, $30 million goes into programs that fund drunken driving crackdowns, particularly checkpoints. Read more

For Pilots, First DUI Has Greater Impact with the FAA

The PERFECT Way to Conduct Yourself When Stopped for DUI

Recently a colleague of mine was stopped for DUI and 148 (obstruction of justice). He is a seasoned criminal defense attorney and understood exactly what he was required to answer and what information he was at liberty to relinquish. I present his testimony as a narrative to model after to anyone who wants to know how to properly and legally conduct themselves during a DUI traffic stop by a police officer in order to preserve their constitutional rights and increase the odds of successfully defending against the inevitable criminal action. PLEASE READ AND FOLLOW the model described below. Read more

One DUI Arrest results in TWO charges filed

In California, if a person is stopped by a police officer and subsequently arrested for driving under the influence, the person will inevitably receive an indictment stating the client is being charged with TWO criminal charges (otherwise known as “counts”).  The arrestee will generally be charged with violating California Vehicle Code (CVC) §23152(a) AND §23152(b).  Read more

Stopped for DUI? Say NO to Field Sobriety Tests! (Part II)

If a driver is pulled over in Huntington Beach, Newport Beach, Long Beach or Santa Ana on a routine traffic stop and the police officer suspect’s intoxication, it is generally standard practice for the officer to request the driver to step out of the vehicle to perform field sobriety tests. To the officer and attorneys, these tests are otherwise known as “FST’s”. The driver is asked to perform simple physical or cognitive tests to assist the officer in determining the sobriety of the driver. The National Highway Traffic and Safety Administration (NHTSA) guidelines were set up to help make these tests more accurate. They are now called ’standardized field sobriety tests.’ Read more

Stopped for DUI? Say NO to Field Sobriety Tests! (Part I)

If a driver is pulled over in Huntington Beach, Newport Beach, Long Beach or Santa Ana on a routine traffic stop and the police officer suspect’s intoxication, it is generally standard practice for the officer to request the driver to step out of the vehicle to perform field sobriety tests. To the officer and attorneys, these tests are otherwise known as “FST’s”. The driver is asked to perform simple physical or cognitive tests to assist the officer in determining the sobriety of the driver. The National Highway Traffic and Safety Administration (NHTSA) guidelines were set up to help make these tests more accurate. They are now called ’standardized field sobriety tests.’ Read more

Strict Guidelines for Legality of Orange County DUI Checkpoints

You may have recently read a newspaper article stating “Roving DUI patrols are scheduled for Huntington Beach, Newport Beach, Fountain Valley and Throughout Orange County” The article may have gone on to read “Huntington Beach motorists who are thinking of drinking and driving are being warned that roving patrols will be on the lookout for impaired drivers in Orange County”. The article may have even warned that deputies will be patrolling Huntington Beach, Newport Beach, Fountain Valley and other areas of Orange County” looking for drivers who are under the influence of drugs or alcohol. Ever wonder why the newspaper and police are announcing their DUI checkpoints? The answer: Read more