Law & Information

September 17, 2009

Drug Courts Help Lower Relapse as a Good Alternative to Jail

There is an interesting news article about drug court in the Desert Dispatch. The article talks about a San Bernardino County court program which makes healthy living and employment mandatory for program participants who are recovering from drug addiction. This particular drug court program encourages healthy activities such as sports for recovering addicts through mandatory monthly activities. In order to be part of the program, participants must go to mandatory court hearings, pass drug tests, participate in drug treatment and work toward getting a job. In Barstow alone, there are 62 individuals participating in the drug court program.

Drug courts all over Southern California are becoming an extremely popular alternative to jail for those convicted of relatively minor drug crimes, such as possession of drugs and being under the influence of drugs. A study in 2005 in Barstow, California showed that recidivism rates were remarkably lower for those who participated in a drug court.

The study found fewer drug court graduates were rearrested. The statistics for those rearrested after completing the program were 17 percent of drug court grads and 29 percent of drug court participants. This study used information from a number of California counties including Los Angeles, Orange, San Diego and other counties.
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September 10, 2009

Man in Santa Ana Charged with DUI and Vehicular Manslaughter

by Sitkoff & Hanrahan, LLP

A 37-year-old Orange County man has been arrested for felony driving under the influence and vehicular manslaughter in connection with death of his passenger in a July 26 traffic accident. According to this news report in The Orange County Register, the defendant was driving an SUV on a Santa Ana street when he lost control and struck a tree. The SUV rolled over and the passenger was ejected and sustained fatal injuries.

Driving under the influence – whether it’s alcohol, recreational drugs or prescription drugs — is a serious crime in California especially when it involves a serious injury or fatality. A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges.

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.”
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September 3, 2009

New California Law for DUI Drivers

by Sitkoff & Hanrahan, LLP

A new California law, which took effect last month, requires mandatory ignition interlock devices on motor vehicles owned and operated by motorists convicted of driving on a suspended license due to a previous alcohol-related conviction. According to this news report, a person who is required and fails to install an ignition interlock device is guilty of a misdemeanor. One who falls into the category of driving with a suspended license for a DUI-related conviction will be assessed a $40 administrative fee for verification of the device’s installation. For more information, please visit the California Department of Motor Vehicles (DMV) Web site (www.dmv.ca.gov).

Driving under the influence is a serious offense in California. It can be prosecuted as a misdemeanor or as a felony in California depending on the nature of the incident, the seriousness of injuries and the driver’s level of intoxication. In California, it is illegal to drive with a blood alcohol level of 0.08 percent or higher. It is also illegal in California to drive under the influence of drugs – be it recreational or prescription drugs.
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August 27, 2009

Sitkoff & Hanrahan Presents New California Drunk Driving Defense Website

by Sitkoff & Hanrahan, LLP

The California DUI law firm Sitkoff & Hanrahan is pleased to announce the launching of its new drunk driving defense website, which provides valuable information regarding DUI-related offenses in California and the legal matters surrounding them. Considering that DUI laws in California are some of the most strict and complicated, the site, www.californiadrunkdrivingdefense-lawyers.com/, provides resources and particulars regarding DUI penalties, underage DUI, field sobriety tests, vehicular manslaughter, and much more.

The attorneys at Sitkoff & Hanrahan have acquired a broad range of skill and knowledge in drunk driving defense and hope to help educate and warn the public about how the consequences of a DUI conviction vary depending on the circumstances of a particular incident. In order to be arrested for driving with an alleged blood alcohol level of .08% or above, law enforcement must conduct specific tests that can sometimes be faulty due to defective equipment or improper execution. The complexities of these tests are also explained on the site to help drivers understand what they may confront if pulled over for being suspected of driving under the influence.
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August 19, 2009

DUI Defendants May Challenge Breath Tests, Court Rules

by Sitkoff & Hanrahan, LLP

The California Supreme Court has made a recent ruling that California drunk driving defendants in should be able to challenge breath test results in court. According to an Associated Press news report, the court is basically allowing defendants to question the science of breath tests, which use a standard formula called “Partition Ratio” to convert the amount of alcohol vapor in the lungs into a blood alcohol level.

The problem with this science is that breath-to-blood ratios vary greatly throughout the population and from person to person, depending on factors such as body temperature, atmospheric pressure, medical conditions and the precision of the measuring device. What this means is that the same breath test result for one person’s breath could erroneously signal intoxication while for another it could mean that they simply had a glass of wine with their dinner.

The recent California Supreme Court ruling opens the door to breath test challenges, an option that has remained closed to most DUI defendants over the last two decades. The court said in its ruling that evidence of the variability of these tests can henceforth be shown to juries. This ruling confirms what any DUI defense lawyer already knows – that one-size-fits-all breath tests don’t tell the real story for all suspects.
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August 12, 2009

New CA DUI Law to Be Tougher on First-Time Offenders

by Sitkoff & Hanrahan, LLP

A new state law that is in the works, if approved, could require first-time California DUI offenders to install an ignition interlock breath testing device (IID) into their vehicle’s ignition. According to this news report, the bill’s author, Mike Feur, a state senator from Los Angeles, claims that it will deter the 45,000 repeat drunk drivers who are arrested each year across California.

If this proposed bill becomes law, first-time drunk driving law offenders in four counties would be required to install the devices. IID’s are basically about the size of a cell phone and wired to the vehicle’s ignition. The driver would not be able to start the vehicle until his or her blood alcohol level is below the legal limit. In California, as in almost all other states, it is illegal to operate a motor vehicle with a blood alcohol level (BAC) of 0.08 percent or higher.

This proposed law is flawed and unfair because it treats first-time CA DUI offenders the same as repeat offenders. It would be required to be on the vehicle for six months. And there are questions about how effective these devices are. For example, a determined person can get someone else to blow into the device to help start the vehicle. Sometimes, false positives caused, for example, the use of mouthwashes can cause cars to stall or shut off while on the road.
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August 7, 2009

Driver License Suspension for Boating Under the Influence

by Sitkoff & Hanrahan, LLP

A California State Senator wants boaters convicted of operating their boat under the influence to lose their driver’s license as well, Havasu News reports. Senator John J. Benoit, R-Bermuda Dunes, has introduced SB 154, which would basically cause the suspension of California driver’s license for individuals convicted of boating under the influence.

The California Department of Motor Vehicles used to suspend driver’s licenses for those convicted of boating under the influence (BUI) in the mid 90s. But that procedure was ordered stopped by the California Court of Appeals in 2008, citing lack of statutory authority.

This bill basically calls for the DMV to suspend the driving privilege of anyone convicted with a prior California DUI or BUI conviction. It would also mandate that anyone convicted of boating under the influence attend and complete an alcohol education program. The California Department of Boating and Waterways estimates that nearly half of all deaths on California’s waterways are caused by impaired vessel operators. The bill has been passed by the Senate and also got the support of the Assembly Committee on Public Safety. It is awaiting action by the full Assembly.
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July 29, 2009

California Death Penalty Rates Much Higher in Orange County, Study Finds

by Sitkoff & Hanrahan, LLP

A recent investigation and subsequent analysis by the Sacramento Bee newspaper shows that individuals convicted of homicide in California are more likely to receive the death sentence in conservative counties, particularly in the southern part of the state. According to this news report; between 1998 and 2007, prosecutors got approximately one death penalty conviction for every 100 murders statewide. In Orange County, the rate was twice as high. And in Riverside County the death penalty rate was three times as high, the report stated.

Any violent crime conviction in California can have devastating consequences. But with a murder conviction, you are looking at the ultimate penalty. California is a death penalty state. So if someone is found guilty of a special circumstance first-degree murder, they are looking at the death penalty or life in prison without the possibility of parole.

The stakes are extremely high in any murder case or any other violent crime. If you or someone close to you has been arrested murder or manslaughter or any violent crime such as homicide, robbery, rape or sexual assault; please contact an experienced Southern California criminal defense attorney who has the skill and expertise to defend your rights and fight to get your charges dismissed. At Sitkoff & Hanrahan, our attorneys are former prosecutors who have experience and a successful track record defending these serious charges. Call us today for a free consultation.