Law & Information

The Number of DUI-Charged Women Rising

A recent article in The Seattle Times reported on an alarming trend that can have an impact on motorists anywhere in the country, particularly Los Angeles, where commuting via passenger car is as commonplace as taking the subway is in New York. According to the article, the number of women arrested for driving under the influence nationwide rose 28.8% higher in 2007 than it was in 1998. Interestingly enough, the number of men arrested for DUI decreased 7.5% over the same time period, indicating that woman are now more likely to engage in reckless behavior than they ever have been in the past.

Based on FBI figures relating to arrests, the state of California experienced an increase as well in the number of women driving under the influence. That is, 18.8% of all DUI arrests in California in the year 2007 involved a woman driving under the influence, while, in 1997, women only accounted for 13.5% of all DUI arrests. Numerous explanations have been given as to the reason why this deadly trend is becoming more and more prevalent across the country. Some cite that women tend to drink more at home than men do, and consequently hide their drinking problems until after an accident has occurred, at which point preventative measures to help curb the problem are too late. Others cite the current economic tide as reasoning as to why women are more likely to succumb to driving while under the influence. That is, as more and more men, and women alike, lose their jobs, there is a definite increase in pressure placed upon the shoulders of women, many of whom take on the dual roles of homemaker and financial contributor towards the well-being of the family. This added pressure, unfortunately, has led to increased drinking habits on the part of women

California DUI Arrests Rise, Yet Percent Convicted Drops

According to the California Department of Motor Vehicles, both the number of DUI arrests and DUI convictions in the state of California rose during the time period of 2001-2007. In 2001, there were a total of 176,490 DUI arrests in California. In 2007, that number rose to 203,866. As far as convictions go, 2001 boasted 140,440 convictions of DUI in the state of California, while in 2007 there were 153,348 such convictions. Interestingly, while the number of overall arrests and convictions has risen over the years, the percentage of convictions in relation to arrests has actually dropped. In 2001, 80% of arrests resulted in conviction, while in 2007, 75% of arrests led to convictions.

The question then arises as to why the percentage of convictions has dropped over the years. In fact, a close examination of the data provided by the California DMV shows that the percentage of convictions did not rise during the period of 2001 to 2007, with percentages either remaining the same or decreasing over the seven year period. What has changed over the years? The way the human body absorbs alcohol? Or the effectiveness of law enforcement tests to conclude how much alcohol is present in a person’s bloodstream?

Alcohol is not digested by the human body, but instead is absorbed into the bloodstream. As blood passes through the lungs, traces of alcohol move across the lung membranes and are released into the air when a person exhales. Depending on the concentration of alcohol in the body, the amount of alcohol released during exhale will either increase or decrease, and is representative of how high a person’s blood alcohol concentration (BAC) is.

Law enforcement officials use a variety of tests to determine whether or not a person has a BAC higher than the legal limit. From simple tests of observation involving agility, balance, and perception, to more complicated tests incorporating the use of devices, such as breathalyzers and intoxilyzers, law enforcement is always evolving its ways in which to tell whether or not a person is under the influence of alcohol.

Measuring BAC is Trickly and Complicated

According to an article posted on howstuffworks.com, law enforcement officers rely on a variety of tactics and devices to reasonably determine whether or not a person is under the influence of drugs or alcohol. Some of the most effective methods of this determination involve devices used to measure blood alcohol concentration (BAC) level. Breathalyzers, Intoxilyzers, and Alcosensor III or IV are the three major devices that are used to determine BAC levels.

Breathalyzers are the most commonly talked about type of test. This type of test relies on a chemical reaction involving alcohol to determine whether or not a person has a BAC above the legal limit. During the test, a person blows into a device. A silver nitrate catalyst then separates alcohol traces from one’s breath, and that alcohol then interacts with reddish-brown potassium dichromate to form a green chromium ion, an indication that alcohol is indeed present in the system of the person being tested. The substance is then compared against a sample ion, an indicator needle is activated, and the person’s BAC is determined according to how much the person administering the test needs to turn a dial in order to correct the needle.

Intoxilyzers use infrared light to affect the vibrations of molecules. Based on the change in vibration of the molecule, it can be determined whether or not, as well as how much, ethanol is present to help determine toxicity level. With this device, BAC level is ultimately determined according to how much infrared light is absorbed by the molecules.

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 Convicted of Murder 12 Years after the Committed Act

The dailynews.com website reported in a story on June 12, 2009 that Richard Joseph Bojorques Jr, 48, a parolee, has been convicted of murdering a woman back in October 1997 after investigators matched his DNA with that found at the crime scene. Veronica Fuentes Linasero, was found partially clothed on the property of a church in Eagle Rock. She had been strangled. Bojorques was detained in February 2007 at his parole agent’s office after LAPD detectives discovered his DNA matched evidence found at the crime scene. He faces 25 years to life in state prison.

There are various types of homicide, which in the United States carry with them different penalties and consequences. Listed below are short descriptions of a few types of homicide:

Criminal homicide– This is intentional homicide, such as voluntary manslaughter, murder, and criminal negligence which results in involuntary manslaughter.
Justifiable homicide– A form of non-criminal homicide in which proof is necessary to show that the victim did not die from a criminal act. An example of justifiable homicide is a death that is the cause of self defense.
Excusable homicide– A homicide which is the result of an accident in which no laws were broken and which can be defended in court.

Three Strike Offenders Helped By Stanford Law Students

The website latimes.com reported in a story on May 13, 2009 that a group of students from Stanford University assisted by their professors are helping 3rd strike offenders get out of prison early. The students aim their efforts at mostly non-violent inmates where their third strike was a minor offense. Inmate Norman Williams, 45 had not received a visitor for nearly 10 years when he got a visit from two Stanford students and a professor offering a chance of freedom. Williams’ third strike crime was stealing tools and a car jack from a tow truck.

Sitting in Folsom state prison, the trio told Williams that they believed his sentence was cruelly harsh. Acknowledging that it was a long shot, they wanted to try to reduce his punishment. As a result of their efforts, he walked out of prison two weeks ago.

William’s case is just one of many victories for the Stanford law clinic that brings together law students who are dedicated to reversing the injustices under the three-strike law.

Stanford law students are supporting prisoners guilty of what they believe are minor crimes, which raises the question of how much prison time is too much. The students are working to make right what they believe is an accumulation of extremely unfair sentences for minor crimes and possibly bring about changes to the law regarding three strike crimes in California.

Jennifer Robinson, a recent graduate, said, “These people fall between the cracks. It’s an awful situation that I don’t think that the voters envisioned.”

It seems unbelievable that you could spend 25 years to life in prison for stealing a loaf of bread, but it’s true. California’s controversial “three strike law,” passed in 1994, is very complex and difficult to interpret but, simply stated, it means that you may be sentenced to serve a minimum of 25 years in prison and a maximum of life if:

You have previously been convicted for committing 2 serious felonies (strikes); and
If you are convicted for committing a third offense (possibly a misdemeanor)

If you or a loved one is being charged with a third strike crime in Los Angeles you should call the experienced Los Angeles three strike defense attorneys at the law offices of Lawrence Wolf. They have been helping individuals for over 30 years and have a long history of successfully handling the defense of clients charged with crimes in California. Please call [number type=”1″] for a free consultation.

Lawrence Wolf’s “A Brush With the Law” Series Displayed

Los Angeles criminal defense attorney, Lawrence Wolf, has devoted his life to almost 30 years of building his legal skills. A new passion being revealed in the last two years, starting this week, the opening of Teale Street Sculpture Studio Gallery will be displaying Mr. Wolf’s past and current abstract artwork Monday through Thursday at 9:30am to 2:30pm.

Not only does Lawrence Wolf work hard to help those who have been accused of a criminal offense find alternative sentencing such as house arrest or diversionary programs, but his talent to combine his passion for law with his love for artistic expression is demonstrated in his works’ vibrant colors and bold texture. In the world of law and criminal defense, you have to look at things in a new way, which is a philosophy reflected in Mr. Wolf’s “A Brush With the Law” series.

Sharing his appreciation of art by creating original work has become an outlet for Mr. Wolf as he works to find new solutions and alternatives to problems both in the courtroom and in painting.

To learn more about Mr. Wolf’s artwork and the gallery showing, please visitwww.abrushwiththelaw.com.

Lawrence Wolf’s Second Appearance on KRLA 870AM

Los Angeles Criminal Defense Attorney, Lawrence Wolf, Esq. will be a special guest for the second time on Los Angeles radio station KRLA 870AM this Saturday, June 13 2009 at midnight.

Lawrence Wolf will be a part of the show “Uncuff Me” sharing his vast knowledge and experience of criminal law to discuss topics relating to adolescence, tough love, and drug addiction.

With over 30 years of experience as a criminal defense lawyer in California, Lawrence Wolf and his associates have worked to develop alternative forms of sentencing such as divisionary programs and house arrest. He is recognized for his authority in California juvenile defense, drunk driving defense, and addiction-related offenses. Lawrence Wolf’s experience is unique in that he has both prosecuted and defended thousands of adults and juveniles charged with every type of felony and misdemeanor crime, giving him a vast understanding of the law.

For more information on Lawrence Wolf and his wide-ranging experience as a top California criminal defense lawyer, visit his website at www.youareinnocent.com today.

Lawrence Wolf On KRLA 870AM

Los Angeles Criminal Defense attorney Lawrence Wolf, Esq. will be appearing on Los Angeles radio station KRLA 870AM on Saturday, May 2nd at midnight.

Mr. Wolf will be a guest on the show “UnCuff Me” as he uses his extensive criminal defense experience to discuss topics like incarceration, probation, felony and misdemeanor criminal charges.

Lawrence Wolf has been helping individuals charged with crimes for over 26 years. He has both prosecuted and defended thousands of adults and juveniles charged with every type of felony and misdemeanor crime. Specializing in the field of criminal law, he is a recognizedauthority in Drunk Driving defense, Addiction-related offenses and Juvenile Law. Lawrence Wolf has been a pioneer in developing all forms of alternative sentencing such as house arrest and diversionary programs.

For more information on Lawrence Wolf and his extensive experience as a top California criminal defense lawyer, visit his website at www.youareinnocent.com today.

Oxnard Assault Suspect Restrained

The Ventura County Star website reported in a story on January 20, 2009 that the heads-up action of bystanders thwarted an assault on Leonel Madrigal, 26 of Oxnard. According to witnesses, Filiberto Mata, 19 of Oxnard was intoxicated and got into a fight with Madrigal at about 9:30pm in the 1300 block of Commercial Avenue. It is said that the two men have a long standing feud, which resulted in this Ventura violent crime.

Oxnard police officer Edward reported that Mata pulled out a small gun from his waist and aimed it at Madrigal. It is not clear if the gun failed to work or if Mata was too intoxicated to handle the weapon properly. Nevertheless, he was unable to shoot it and only ejected several bullet rounds from the weapon that landed on the ground.

Madrigal was able to grapple the gun away, at which point Mata pulled out a knife. Madrigal suffered a minor cut to his hand but was able to wrestle the knife away. Once unarmed, bystanders rushed to restrain Mata until police arrived.