DUI Category Archives — Page 14 of 15 — California Criminal Defense Attorneys Published by Los Angeles, California Criminal Defense Lawyers — Crime Attorneys

June 3, 2009

Ventura County Drunk Driving Arrest of Man Who Hit Five Parked Cars

Police in Ventura County arrested 26-year-old Jose Gonzalez on suspicion of DUI in California after he allegedly struck five parked vehicles. According to a news report in the Fillmore Gazette, Gonzalez was driving his 2007 black Ford F250 pickup truck south on B Street from Ventura Street at a high rate of speed when his vehicle drifted to the right side of the street and crashed into five, unoccupied parked vehicles. The pickup truck then came to rest in the middle of the street.

Ventura County Sheriff’s deputies, who responded to the call, determined that Gonzalez’s blood alcohol content exceeded the legal limit of 0.08 percent and booked him at county jail for DUI. No one was injured in this collision, the news report stated.

California’s “implied consent” laws provide that if you are arrested for drunk driving, you have consented to chemical testing. If you refuse to submit to such testing, then your driving privilege can be suspended. The chemical test will normally consist of your choice of breath or blood analysis. A urine sample can also be taken.

May 25, 2009

Zach Randolph DUI Charge Dismissed

by Sitkoff & Hanrahan, LLP

A driving under the influence charge against Los Angeles Clippers forward, Zach Randolph, has been dismissed and reduced to one charge of reckless driving, the Associated Press reports in a story. Randolph was arrested and booked on suspicion of DUI on April 6 and was even suspended for two games because of the incident. The arrest occurred when Randolph was pulled over by two California Highway Patrol officers who reportedly saw his white Rolls-Royce weaving on the 405 Freeway. Officials said the CHP officers could smell alcohol inside the car and conducted a field sobriety test. Randolph was then arrested and charged with the DUI. Randolph has pleaded not guilty on the reckless driving count.

Driving under the influence in Los Angeles and reckless driving are both serious charges. In California, it is a crime to operate a motor vehicle under the influence of alcohol, drugs or a combination of both. It is also illegal to drive with a blood alcohol level of 0.08 percent or more. Arresting law enforcement officers use various tools to determine whether a motorist is driving under the influence. Breath tests and field sobriety tests are the most common tools authorities use to gauge a driver’s level of intoxication.

However, as DUI defense attorneys, we have seen that neither breathalyzer tests nor field sobriety tests are a good way to determine whether or not a driver is intoxicated. Both methods have a wide margin of error, which is probably why the DUI charge against Randolph was dismissed. If you have been arrested on suspicion of DUI, you need a knowledgeable and experienced Los Angeles drunk driving defense attorney who can thoroughly investigate and prove your case. If you or a loved one has been charged with drunk driving in Orange, Los Angeles or Ventura counties, please call Sitkoff & Hanrahan at 866-299-4111 for a free consultation today.

May 20, 2009

Los Angeles Vehicular Manslaughter Caused by Drunk Driver, Officials Say

by Sitkoff & Hanrahan, LLP

A passenger in his 20s was reportedly killed on impact after a vehicle driven by a suspected drunk driver crashed into a street sign in Baldwin Village, CBS News reports in an article. The fatal DUI car accident in Los Angeles occurred at the intersection of La Cienega Boulevard and Rodeo Road, police officials said. The driver, a woman, was arrested and taken to the hospital in critical condition. Officials expect the driver will be charged with drunk driving after she is released from the hospital.

In the state of California, it is a crime to operate a motor vehicle while under the influence of alcohol and/or drugs. Driving under the influence can be a misdemeanor or a felony. If the DUI incident involves major injury or death to a person other than the alleged drunk driver, then it will almost always be charged as a felony, which is a more serious offense. In addition to a felony DUI charge, the defendant may also be facing a Los Angeles DUI vehicular manslaughter charge.

California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle… and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”

May 4, 2009

Drunk Driver Gets Prison Sentence in Orange County Crash

by Sitkoff & Hanrahan, LLP

Oscar Omar Guerca, 30, of Santa Ana was sentenced to 16 years in prison in connection with the death of a motorist who died when Guerca rear-ended his vehicle from behind. According to an article in The Orange County Register, Guerca pleaded guilty to vehicular manslaughter while intoxicated, hit-and-run with injury, a sentencing enhancement for fleeing the scene of the crash and misdemeanor driving on a suspended license.

Guerca was reportedly driving on the 55 Freeway near Chapman Avenue in a Chevy SUV the night of December 20, 2008 when traffic slowed down because of Caltrans work. Guerca struck 33-year-old Marco Antonio Aguilar from behind. Prosecutors say Guerca was traveling at speeds in excess of 100 mph. Aguilar died instantly. Officials say Guerca attempted to flee the scene, but was apprehended. He is said to have had a blood alcohol level of 0.13 percent two hours after the crash.

In California, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”

April 29, 2009

Fontana Man Arrested on Suspicion of Drunk Driving

by Sitkoff & Hanrahan, LLP

Police in Pasadena arrested a 48-year-old on suspicion of drunk driving after he allegedly ran a red light and struck two vehicles, the Pasadena Star News reports in an account. Andre Rushing, 48, of Fontana was driving on Sierra Madre Boulevard when he struck a 2002 Chevrolet Blazer traveling on Sierra Madre Villa Avenue, which caused the vehicle to roll over. Rushing’s vehicle then struck a 2002 Honda Accord. Six passengers in the Blazer and two in the Honda were taken to hospitals with injuries that were not life threatening, Rushing was arrested on suspicion of driving under the influence of alcohol in Los Angeles. Officials are not aware of his blood alcohol content pending blood test results.

A conviction or DUI arrest in California could have serious consequences. You could lose your driving privilege, your job and career could be in jeopardy, and if your DUI involved a serious injury or fatal auto accident, you could be facing vehicular manslaughter or even murder charges. If convicted, you could be looking at a lengthy prison sentence.

The most common yet serious consequence of a DUI arrest is the possibility of having your driver’s license revoked or suspended. Following a drunk driving arrest, an Administrative Per Se (APS hearing) is needed to save your driving privilege. The Department of Motor Vehicles (DMV) must be contacted within 10 days of the DUI arrest to request an administrative hearing to stop your automatic driver’s license suspension.

April 24, 2009

Rialto DUI Fatal Collision Results in Murder Charges

by Sitkoff & Hanrahan, LLP

Police arrested a man on suspicion of drunk driving in Rialto after he allegedly struck a vehicle, killing one woman and injuring three others during a police pursuit. According to this news report in the San Bernardino Sun, police arrested 19-year-old Johnny Morales on CA vehicular manslaughter charges because, officials say, he was driving under the influence of alcohol. Police officers attempted to stop Morales at the intersection of Foothill Boulevard and Rancho Avenue after they reportedly saw him make a traffic violation. He did not stop and police pursued him.

The chase ended when Morales rear-ended a 1991 Honda Accord that was making a left turn onto Foothill from Riverside Avenue. Margarita Rodriguez-Dominguez, a 40-year old Rialto resident who was one of the Accord’s passengers, died. The driver and two other passengers were injured.

Drunk driving in California may be charged as misdemeanors or felonies. In this case, where it involved fatal and serious injuries, the defendant was charged with a serious felony – murder. The situation was worsened because Morales allegedly tried to flee from the police when they attempted to stop him.

April 20, 2009

Orange County DUI Crash: Driver Charged with Murder

by Sitkoff & Hanrahan, LLP

Andrew Gallo, 22, was arrested and charged with murder in connection with a orange County DUI hit-and-run car crash, which killed Angels pitcher Nick Adenhart and two others and left one man in critical condition. According to a Fox News report, Fullerton police officials say Gallo was speeding when he ran a red light and struck the Mitsubishi sports car in which Adenhart and the others were in. Gallo is facing murder charges, vehicular manslaughter, felony hit and run, felony DUI and other serious charges.

He was also said to be driving with a suspended license. His driving privilege was suspended following a prior DUI conviction, the news report states. Police also say Gallo’s blood alcohol level was over the legal limit. In California, it is illegal to driver with a blood alcohol level of 0.08 percent or higher.

The charges that this driver is facing are extremely serious. The situation has clearly been worsened because of the number of violations and the seriousness of the violations Gallo has been accused of. In any DUI or traffic violation case, it is very important to seek the counsel of an experienced Orange County DUI defense attorney, who can help establish the facts and keep you from going to jail. If an incident involves serious injuries or death, as in this case, you may be charged with a felony.

April 13, 2009

Clippers’ Zach Randolph Arrested on Suspicion of DUI

by Sitkoff & Hanrahan, LLP

The Los Angeles Clippers’ Zach Randolph has been suspended for two games after he was arrested on suspicion of drunk driving in Los Angeles hours after a game he played against the Los Angeles Lakers. According to this news report, two California Highway Patrol officers saw a white Rolls-Royce weaving on the 405 Freeway in the Culver City area of West Los Angeles. When officers pulled over the car, they identified Randolph as the driver. Officers said they smelled alcohol in the car and arrested Randolph after he failed a field sobriety test. There is no information on whether Randolph took a breath test.

Drivers, when pulled over for a routine DUI stop, are often asked to submit to field sobriety tests and breath tests to determine if a Los Angeles DUI offense has been committed. With field sobriety tests, drivers are asked to perform physical or cognitive tests, which are meant to help the arresting officer determine the driver’s sobriety. The National Highway Traffic Safety Administration (NHTSA) guidelines are known as the “standardized field sobriety tests” and they usually include the following tests:

• The one-leg stand • Walk and turn • Hortizontal gaze nystagmus test

April 10, 2009

Chula Vista Drunk Driver Kills Pedestrian

by Sitkoff & Hanrahan, LLP

A pedestrian who was struck and killed on the evening of February 3, 2009, by a suspected drunk driver has been identified by law enforcement officials as 75-year-old Ronald Sieler. The report from KFMB 760 AM states that Seiler was crossing the street at the intersection of Main Street and Third Avenue in Chula Vista when he was struck by a vehicle driven by Peter DiCesare, 45, address unknown. After the accident Seiler was transported to the University of California San Diego Medical Center where he was pronounced dead from his DUI causing injuries in California.

According to law enforcement officials investigating the accident, Seiler was struck in the 3100 block of Main Street. DiCesare was taken into custody and is facing charges of California drug possession and driving under the influence. DeCesare’s bail has been set at $150,000.
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April 7, 2009

Pomona DUI Crackdown Joins Police Department Regional Effort

by Sitkoff & Hanrahan, LLP

According to this recent Inland Valley Daily Bulletin article, Pomona city leaders have authorized their police department to join other law enforcement agencies in the area in a three-year regional effort to crack down on drunken drivers. Pomona’s city council voted 6-1 in favor of joining a wide range of state, county, and local law enforcement agencies throughout the area in the “Avoid the 100 DUI Campaign” that began over this past holiday season.

This campaign targets people driving under the influence in California and includes checkpoints, saturation patrols, media campaigns, and other operations designed to catch motorists with a history of driving under the influence. Since the campaign began, law enforcement officials throughout Southern California have stepped up efforts to remove drivers operating their vehicles while under the influence of drugs and alcohol. Their checkpoints, which are set up at strategic locations with little or no advance warning, have resulted in dozens of DUI arrests and scores of other charges from weapons violations to possession of controlled substances and other violations.
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