Lawrence Wolf - Part 27

Driving Under the Influence…of Your Inbox

A recent article in The Miami Herald discussed the long-winded debate over texting and driving, and whether or not texting should be banned altogether. For Californians at least, this debate ended some time ago, with texting while driving now being against the law, just as cell phone usage without a hands-free device is. However, not even half of the states across the country have imposed such rules on texting, despite the fact that there have been numerous studies warning of the dangers involved with driving while being distracted with any task other than simply driving.

The article cited a study done by the Virginia Tech Transportation Institute in which texting while driving was deemed to be the equivalent of driving under the influence, and resulted in increasing the likelihood of an accident occurring by an astounding 23 times. The distraction that cell phone use creates, whether through having a traditional, verbal conversation, or through text messaging, is enough to increase the chance of loss of control of vehicle, which could certainly lead to property damage and very well could lead to personal injury, up-to and including death.

California’s law forbidding texting while operating a motor vehicle is relatively clear cut. If a driver is seen with a cell phone in hand, and it is reasonably deemed that the cell phone is being used for texting, whether that involves reading, composing, or sending a text, then that driver will be hit with a monetary fine that grows with ensuing infractions. However, the law banning cell phone usage for making calls while driving, unless the usage is considered hands-free, does not ban a person from selecting or entering a telephone number for the purpose of making a call (though it is strongly urged that drivers do not attempt to dial while operating a motor vehicle). There in lies the problem, particularly if a person is in fact dialing a cell phone but is accused of texting instead.

Man Charged in L.A. DUI Now in NV Prison

Nevada’s The Record-Courier recently reported about a 50-year-old man who had a previous DUI felony conviction in Los Angeles in 1997, and was recently sentenced again to a second prison term for felony driving under the influence in Gardnerville, Nevada. His blood alcohol content at the time of the crash was .209, about two and a half times the legal limit. The man was sentenced to five years in prison, but could be out on parole as early as two years.

Though it was reported that the man had previously sobered up since his last conviction, even attending Alcoholics Anonymous meetings, he relapsed in 2008, possibly beginning to drink again over the fact that he had been diagnosed with throat and bladder cancer. Even under such extenuating circumstances, the law is the law, and the man will need to serve his jail time just like anyone else would. However, one could wonder whether or not the man’s sentence was as minimal as possible.

According to Nevada law, any person who has previously been convicted of a felony, such as driving under the influence, regardless of whether or not that conviction was in the state of Nevada, will serve prison time for a second felony committed. For the many Californians, particularly those from the Los Angeles area, that visit Nevada each year, it is important to realize that your actions in California will travel with you to Nevada, and vice-versa. With drinking such a prevalent part of Nevada cities, such as Las Vegas and Reno, it is important to remember to always take the steps needed to be as safe as possible, including those steps needed to allow for the safety of those around you.

Tustin Teen Charged with Car Crash Murder

According to The Orange County Register, an 18-year old, male from the North Tustin area was recently charged with second–degree murder for crashing his parents’ car, resulting in the loss of life of his 16-year-old, female passenger. The driver was under the influence of alcohol at the time of the crash boasting a blood alcohol content of 0.11. His female passenger, though wearing a seatbelt, died from massive, blunt-force trauma.

It was reported that the young driver had previously, the very day of the crash, in fact, been warned by a juvenile court judge that driving involved taking on a tremendous amount of responsibility. Though the driver’s friends warned him of his intoxication level, and advised against driving the vehicle, those warnings were not taken into full consideration, with the ensuing result being the crash. The driver now faces 15 years to life in prison, and will be sentenced in October 2009.

Driving under the influence can often, but not always, lead to a loss of life, but does always have a detrimental impact on those involved, regardless of the extent to which they are a part of the crash. In any event, it is important to remember that the circumstances of the case must be examined, all influences that may have lead to the incident need to be taken into consideration, and the best possible defense should always be afforded to those being charged with driving under the influence.

Singer Chris Brown Pleads Guilty To Assaulting Rhianna

R&B singer Chris Brown pleaded guilty to assaulting his girlfriend, pop star Rhianna, in a plea deal that his criminal defense attorneys and prosecuting attorneys reached at the last second before his domestic violence trial was set to begin.

The altercation occurred between the couple the night before the Grammy awards when Chris Brown received a text message from a former lover. After arguing in his rented Lambourghini, police found Rhianna bruised and bloodied on a Hancock Park side street.

According to the report, Brown, who is 20-years old, will be on probation for five years, attend a yearlong domestic violence prevention class and complete six months of what the judge termed “community labor” — a more restrictive form of community service in which he will be required to perform such tasks as picking up trash or removing graffiti.

Indictment Offers Details of LA Gangs Workings

In our legal system, an indictment is a formal accusation that a person has committed a criminal offense. The LA Times online published an article about one such indictment, the document charges about 40 members and associates of the Columbia Lil Cycos — a clique of the 18th Street gang — with being involved in a racketeering conspiracy that allegedly involved murder, drug trafficking, money laundering, kidnapping and other crimes.

According to the indictment, the Mexican mafia, a notorious prison based organization that allegedly controls Latino street gangs were angered that a baby was killed in a botched “hit” of a street vendor. The vendor, a 37-year-old, had been refusing to pay the $50 weekly “rent” that he and others working near the corner of 6th Street and Burlington Avenue were expected to pay gang members. The gang members attempted to kill Clemente, but accidentally shot the baby.

The LA Gang involved, the 18th street gang, decided to take matters into their own hands and resolved the issue. They lured the gunmen to Mexico under the guise of hiding him from authorities, where they strangled him and left him for dead. The shooter did not die, however, and instead was picked up by police after being found in Mexico. He has since given authorities valuable information into the inner workings of the Mexican Mafia and 18th street gangs.

Fresno Businessman Held in Woman’s Beating

A well known Fresno businessman was being held in Fresno County Jail on felony domestic violence, assault with a deadly weapon and other charges. Bail was $421,000.

According to an account, the businessman had been arrested on suspicion of brutally beating a woman and holding a knife to her neck. The argument was apparently over a watch that had a value of approximately $135,000. Offices found bruises and scratches all over the woman’s arm and neck when they responded to the call for help.

The California penal code defines abuse as “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent, serious bodily injury to himself, herself or another”. Domestic violence in California can refer to violence between spouses, partners, former partners or spouses, children, individuals involved in a dating relationship, or elder abuse.

DNA Used to ID 3 Car Burglary Suspects

Los Angeles authorities have used DNA samples to identify three auto burglary suspects, according to an article. Police have taken one man into custody for the burglary in Los Angeles and are searching for the other two.

Blood left on a door handle identified one of the individuals to his car theft. His DNA was a match for a car burglar who smashed the window of a sports car parked near 4th and Hill streets in 2007 and removed cash. In another case, blood found on a paper bag left by a car burglar in 2008 was collected and placed in the laboratory queue for analysis.

The blood was analyzed a year later and the results were added to a state database. The final suspect was identified from a burglary in which a window was smashed and a stereo and CDs were stolen from a car parked on Jesse Street west of Santa Fe Avenue.

DNA evidence has been used much more in recent years, but usually in cases that involve more serious charges like murders and sexual assaults. The article indicates that this may be changing, however, after a study completed last year involving the LAPD showed that when investigators recovered usable DNA samples from property crime scenes, a suspect could be identified in 45% of the cases.

South Pasadena Seek Dismissal of Tickets Issued In Bus Sting

The South Pasadena police department wanted to penalize drivers who were failing to come to a complete stop while school buses were stopped with their flashing red lights on. To catch drivers who were disobeying this law, they set up a sting operation to catch the violators. Now it appears that the tickets they handed out are not valid, according to anarticle in the Los Angeles Times.

The $500 a piece citations were handed out by the South Pasadena police department during a sting in which two police cadets walked on and off a school bus parked on Huntington Drive near Milan Avenue. According to the article, however, “The vehicle code specifies that drivers may not pass a school bus with its red lights flashing when it is “stopped for the purpose of loading or unloading any schoolchildren.”

After meeting with the city attorney, the police determined that they didn’t meet the requirements for the code and decided to ask the courts to dismiss the citations.

Public Aid Sought in Double Murder Prosecution

There has been an arrest in the case of two Highland Park boys who were shot and killed in Piedmont Park on March 13th. Authorities have arrested an 18-year-old and charged him with two counts of murder in California with the special circumstance of multiple murders, according to a published report in LA Times online.

The arrests come after 4 months of investigations following the tragic shootings. According to authorities, someone from the community had stepped forward and accused the teen, a documented member of the Dogtown gang whose street monikers include the name “Shorty.”

The shootings occurred when the two boys, a 14-year-old and a 15-year-old, were walking home from Piedmont Park near the Highland Park Recreation Center. A gang member confronted them, which lead to an altercation. That is when the gang member called for help. Homicide Det. said another gang member ran to the scene and then pulled a handgun and shot the two boys.

Although authorities have someone in custody, they need more individuals to come forward to insure prosecution. Commanding officer of the northeast police division was quoted as pleading with the public:

“Many people saw this crime, many, many. We would like them to come forward,” he said. “Please help us get a conviction on this man for this heinous crime,” he said. “Let’s put him away for a long time, if not forever.”

CHP Applicant Arrested on Child Pornography Charges

A 29 year old El Monte man, who disclosed on his application to the highway patrol that he had viewed pornography on his computer, was arrested and charged with suspicion of committing lewd acts with a minor, according to a published LA Times report.

The disclosure on his application spurred an investigation by CHP officials, working in conjunction with the FBI on a multiagency task force. Hernandez also admitted having viewed illicit photos of a minor within a month of filling out the application, a disclosure that probably had more to do with the full blow investigation then his admission of viewing pornography on the Internet.

After performing a search of his home, CHP officials were able to find child pornography on a computer he was using, including sexually explicit photos of a 5-year-old girl. The photos appeared to have been taken in the bedroom of the home where the man now lives.