Category: DUI Defense

NYE Deaths Down, But DUI Arrests Up In LA County

The California Highway Patrol had extra incentive to celebrate this past New Year’s Eve, particularly since no one was killed on Los Angeles County Roads during the holiday. According to an article, the number of deaths taking place during the holiday period was down more than 33% this year compared to 2008 figures. However, while the number of deaths may have decreased, the number of DUI arrests made by the CHP rose by more than 20% from 88 arrests in 2008 to 108 arrests in 2009. In Los Angeles County as a whole, the number of DUI arrest rose from 438 instances to 527 instances.

Arrests made for driving while under the influence are plentiful year-round in Los Angeles, but inevitably increase during the holiday season at the end of each year. However, not all individuals accused of driving while under the influence in Los Angeles are in fact guilty. As with any arrest, a variety of factors need to be carefully examined to help determine whether or not an individual is truly guilty of committing crime. Many times, sobriety field tests may be improperly administered, or blood alcohol concentration (BAC) testing devices may not be properly calibrated, thus labeling otherwise innocent individuals as being guilty of wrongdoing.

Recent DUI Checkpoints in Greater Los Angeles Area Have Come Under Scrutiny

Law enforcement officials impounded 176 vehicles but arrested only 6 impaired drivers at DUI checkpoints in five Los Angeles area cities on the weekend before St. Patrick’s Day. The overwhelming majority of vehicles recently seized at the DUI checkpoints in Whittier, El Monte, Covina, Baldwin Park and Industry were operated by people who were without a valid driver’s license but were not otherwise impaired by alcohol or narcotics.

Given the disparity between vehicle impounds and DUI arrests, DUI checkpoints have recently come under significant scrutiny from concerned citizens and legal commentators alike. Of primary concern is the fact that such checkpoints are being used for purposes other than that which is stated by law enforcement, resulting in a violation of Fourth Amendment rights.

Supporters of DUI checkpoints have argued that removing unlicensed drivers from the roads benefits public safety, even in situations where the driver is not impaired. However, critics have indicated that while the stated purpose of improving public safety is a valuable one, the actual intent of the checkpoints may be called into question given the fact that cities can potentially generate considerable income from impound fees.

It is possible to improve public safety on Los Angeles area roads without resorting to illegal searches and seizures. If you have been stopped at a DUI checkpoint, and have either been arrested, or have had your vehicle impounded, please call the Law Offices of Lawrence Wolf at [number type=”1″]. Our office has been successfully challenging illegal searches and seizures for 40 years. We are here to answer your questions and guide you through this trying process. Contact our Los Angeles drunk driving defense attorneys today for a free consultation of your case.

In-Car Breathalyzer Bill Could Render Repeat DUI Offenders Immobile

A recent article posted on The San Diego Tribune’s website signonsandiego.com talks about driving while under the influence and the consequences associated with in-car-breath-alcohol analyzers. According to the report, a recently proposed bill would require all convicted DUI offenders nationwide to have ignition interlock devices installed in their automobiles as part of a court-ordered mandate. While installation of this device would certainly not be permanent, it would be required to be present in vehicles of convicted DUI offenders for a period of at least six months.

In California, similar legislation was created this past fall that will result in a 66-month pilot program mandating the installation of interlock devices for DUI offenders in Los Angeles, Alameda, Tulare, and Sacramento counties. Reportedly, such legislation put into effect in New Mexico drastically curbed the number of DUI fatalities by as much as 35% during the period of 2004 to 2008. Groups such as the Centers for Disease Control and Prevention and the Insurance Institute for Highway Safety cite drops in arrest rates and DUI-related deaths as indications that the devices are in fact serving their purpose.

Holiday Cheer Leads to Holiday Lockdown with Los Angeles DUI Arrests

Along with family gatherings and gift exchanges, the holidays bring an increased police presence on city streets and highways. This heightened presence also takes the form of multiple DUI checkpoints which Los Angeles motorists have to deal with. According to a Los Angeles Times blog, the week leading up to, and including Christmas weekend, saw hundreds of individuals arrested for operating motor vehicles while under the influence. Reportedly, more than 1,400 people (a slight increase from 2008 figures) were arrested in Los Angeles for DUI during the weeklong crackdown.

DUI checkpoints are meant to help curb the number of impaired drivers that are operating motor vehicles on California’s roads and highways. However, not all individuals deemed to be under the influence are in fact guilty of such action. That is, improperly calibrated blood alcohol concentration (BAC) devices can declare false positives, law enforcement can be improperly trained to handle such equipment, and field sobriety tests may not be properly administered. With the holidays such a prime time for law enforcement to utilize DUI checkpoints, all officers involved in manning the checkpoints need to be properly trained. They must also ensure that their BAC measuring devices are functioning as they’re supposed to.

Car Fleeing from Bellflower DUI Checkpoint Injures Children

A three-car traffic accident in Bellflower has left a 6-year-old girl and 9-year-old boy in critical condition. The children’s grandparents, who were also in the vehicle with the children, only sustained minor injuries. According to the Los Angeles Times, the traffic collision occurred on Artesia Boulevard. The vehicle that caused the crash was reportedly fleeing from police after the driver of the vehicle failed to stop at a DUI checkpoint. The three men in the fleeing vehicle, which was also reportedly stolen, left the accident scene on foot, but were later apprehended by law enforcement. The occupants of the third car involved in the crash suffered minor injuries as well.

There was no report of whether or not the individuals in the stolen car were under the influence of alcohol, or were simply worried that the traffic checkpoint would somehow reveal to authorities that the car was in fact stolen. Regardless of the situation, it is never a good idea to flee from law enforcement officials. Essentially, had the individuals simply gone through the DUI checkpoint and by chance been apprehended, they would only be facing theft charges relating to the car, and possibly DUI charges if in fact the driver was impaired while operating the vehicle. Now though, the occupants of the vehicle are responsible for an accident that led to personal injury, property damage, evading arrest, and other charges that the article may not even have touched on.

Lohan’s Legal Troubles Still Not Over

CNN.com story recently chronicled the ongoing legal troubles of actress Lindsay Lohan. According the article, a Beverly Hills judge just extended Lohan’s probation in order to give her more time to complete her court-ordered alcohol counseling treatment. To date, Lohan has reportedly not completed the program and her attendance has been less than satisfactory. While her defense attorney explained that Lohan’s career hindered Lohan from completing the program, the presiding judge warned that if she hears of Lohan missing any more meetings, she will sentence Lohan to jail time. Successful completion of the program was mandated based on a 2007 incident in which the actress ultimately plead guilty and no-contest to charges centering-around drunk driving incidents.

While the circumstances of this case are a general exception to the rule, with Lohan being afforded the right to complete the alcohol treatment at her relative leisure and around her busy schedule of acting and entertaining, not all individuals facing completion of such programs are given as much freedom in doing so. Alcohol counseling treatment is required for those individuals that are found guilty of driving while under the influence of either drugs or alcohol. After jail sentences have been served, mandatory alcohol counseling treatment must be sought out and completed at the attendee’s own expense. Successful completion of the program will then enable that individual to have a license suspension lifted after the court-ordered suspension time frame has been met.

In order for an individual to ensure that they are provided the best possible outcome in their DUI case, that individual’s best course of action is to retain the services of a skilled Los Angeles DUI defense attorney that will examine all circumstances surrounding the arrest. DUI arrests can be especially problematic in that field sobriety tests can be improperly administered and results from blood alcohol concentration tests can be inaccurate due to poorly calibrated devices used. Not all individuals that are accused of DUI are in fact guilty.

Baseball Booze and Driving Create Tragic Situations

According to a recent Los Angeles Times article, October playoff baseball may bring out the worst in some fans. That is, Orange County officials are on high alert for individuals that choose to drink during baseball games, and then proceed to operate motor vehicles soon thereafter. The high alert comes on the heels of the death of Nick Adenhart, a promising young pitcher for the Los Angeles Angels of Anaheim. In April 2009, the 22-year-old Adenhart and two of his friends were killed by an alleged drunk driver less than ten miles from Angel Stadium of Anaheim, where Adenhart had pitched earlier that night. In order to cut down on unnecessary traffic, the Anaheim Police Department asked all motorists not attending the Angels’ playoff game with the New York Yankees to please steer clear of the area.

While consuming alcohol at a baseball game is permitted, it is never a good idea to driving while under the influence of alcohol. An individual accused of DUI is innocent until proven guilty, which is something that the media often forgets. That is, field sobriety tests are only as accurate as the law enforcement officials that are administering them. Furthermore, breathalyzers and other devices used to determine an individual’s blood alcohol concentration need to be properly calibrated and maintained in order to ensure that test results delivered by the devices are accurate. If procedure is not followed or such devices are defective, then an individual that would otherwise be deemed innocent of driving while under the influence could be accused and arrested by law enforcement for a crime that the individual never in fact committed.

DUI Driver Loses Lawyer, Case Postponed

According to Los Angeles’s KTLA-TV channel 5, the trial of a man responsible for a drunk-driving crash that took the lives of three people will be postponed for at least six months. Such a decision was determined after the private attorney defending the 22-year-old removed himself from the case, citing inability to adequately defend his client as the basis of his necessary leave. This particular case gained notoriety in that one of the crash victims was 22-year-old Nick Adenhart, a professional baseball player of the Angels. The motorist responsible for the accident now faces 54 years to life in prison if he is convicted of all counts, which include murder in the second degree and driving with a suspended license.

The former defense attorney in this case informed the presiding judge that his client was unable to afford the fees associated with providing him with the most effective defense. That is, the accused driver’s attorney explained to the judge that experts needed to properly defend the accused man were too expensive for the defendant to afford, and even motioned that county taxpayers split the bill for the necessary experts. Though the article did not say whether or not the judge granted the motion, it’s safe to assume that the motion was denied, particularly since the defense attorney has now quit the case.

No Driving Until You Pass Your Breath Test

According to a story from the Los Angeles Times, California drunk drivers that have been convicted of DUI may have to take a Breathalyzer test every time they want to drive their cars. That is, a bill proposes a new program that would place ignition-locking breath analysis systems into the automobiles of those individuals that have been convicted of driving while under the influence. Such a device would force motorists to have to pass a blood alcohol concentration test before their cars are permitted to start. The bill is currently awaiting approval from Governor Schwarzenegger, and is set to run in Los Angeles, Alameda, Sacramento, and Tulare counties.

According to the bill, the ignition-locking systems would take the place of a convicted motorist’s restricted license. Furthermore, it would be expected of motorists to pay for the installation of the devices and it creates the interesting question as to how law enforcement and probation officers would be able to enforce such a program. Ultimately, there are numerous issues that could arise that would prove the program to be relatively ineffective in curbing driving while under the influence.

For starters, a restricted license is very different than an automobile that does not start unless a breath test is passed. That is, while a restricted license will follow convicted motorists around from vehicle to vehicle, the Breathalyzer will not. All one would need to do to essentially circumvent the system would be to use another person’s car instead of their own, which begs the question as to how exactly a program such as this would prove to be successful.

Commerce Man Pleads Not Guilty in DUI Crash

According to an article from examiner.com, a Los Angeles county man was recently taken into custody on suspicion of driving under the influence and causing an accident. The 23-year-old man is said by police to have been the cause of the accident that involved a reported four other vehicles. Though the man was not said to have been injured in the crash, a 9-year-old girl that was a passenger in the man’s car was seriously injured and died shortly after arriving at a nearby hospital for treatment. The man now faces charges including vehicular manslaughter, DUI, and child endangerment and could use the help of an experienced Los Angeles drunk driving defense attorney.

Reportedly, the man did not notice the slow down in traffic while traveling along the Northbound I-5, and swerved to avoid the vehicles in front of him but barreled into other vehicles as a result. The crash took place at 1AM in the city of Carlsbad.

Though driving under the influence and driver inattention were the main culprits in causing this tragedy, not all accidents that occur under suspicion of DUI are the same. Dangerous road conditions, faulty auto products, and other drivers that are not accused of being under the influence of drugs or alcohol can all be the primary cause of a traffic accident. Thus, it is imperative that all details of any crash are thoroughly examined to determine exactly who was at fault so that accountability can be distributed accordingly.