California Criminal Defense Attorneys

January 18, 2012

Man Arrested for DUI after Los Angeles Area Car Accident

A 25-year-old La Puente man was arrested for driving under the influence after a car accident in Baldwin Park that injured a woman, her 12-year-old son, and her 2-year-old daughter. According to a news report in The San Gabriel Valley Tribune, the Los Angeles drunk driving accident happened when the man who was driving a Toyota Camry west on Garvey Avenue crossed over the center divider and crashed head-on into the Kia Spectra carrying the woman and her two children. All three sustained injuries. The driver of the Camry was expected to face felony DUI charges.

According to California Vehicle Code Section 23152 (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

Drunk driving charges can be misdemeanors or felonies depending on the circumstances of an incident. When there are injuries, the DUI charge is most likely going to be a felony. These are serious charges that could result in severe DUI penalties, including jail time, hefty fines, alcohol counseling, and installation of an ignition interlock device. The cost of a DUI in Los Angeles can add up to thousands of dollars.

January 16, 2012

Huntington Beach Sex Offender Sentenced to 26 Years in Prison

by Sitkoff & Hanrahan, LLP

A Huntington Beach sex offender with a prior sex crime conviction has been sentenced to 26 years in federal prison. According to a news report in the Los Angeles Times, the 53-year-old man pleaded guilty to filming an explicit video of an 8-year-old girl while taking a trip with the child and her mother to the beach in 2007. The man’s relationship to the girl or her family has not been explained. Officials searched the man’s home and found numerous images of child pornography in addition to the video of the girl. The man was convicted in 1991 of child molestation in Orange County. Officials say the man must serve a minimum of 25 years in prison after which he will still be on supervised release for the rest of his life.

Repeat child sex offenders face not only enormous scrutiny, but also the potential for a lengthy prison sentence and other dire consequences. All child sex offenders face hefty fines, time in state prison, and mandatory registration as a sex offender. These requirements make it extremely challenging for convicted sex offenders to assimilate into society or even get a job or residence. Anyone can look up their name, address, or photograph on the Department of Justice’s Megan’s Law Web site.

While it is important to protect our children from dangerous predators, it is also important to protect individual rights, especially after that person has served the time for the crime. If you have been charged with a sex crime for the first time, it is critical that you retain the services of an experienced Orange County sex crime defense lawyer who has an excellent track record with getting these types of cases dismissed or charges reduced. The stakes are extremely high in child sex crime cases. There is absolutely no room for error or carelessness.

January 12, 2012

DUI Checkpoint Coming up in Ventura

by Sitkoff & Hanrahan, LLP

The Ventura Police Department’s Traffic Unit will conduct a DUI checkpoint Friday, January 13, 2012. According to a news report in the Ventura Edhat, the sobriety and driver’s license checkpoint will be held between 8 p.m. and 3 a.m. at an undisclosed location within city limits. Officers will be contacting drivers who pass through the checkpoint for signs of alcohol or drug impairment. Police will also examine drivers’ licenses for validity. Officials say that those caught driving impaired are looking at several serious consequences, including: jail time, license suspension, insurance rate hikes, fines, court fees, mandatory alcohol programs, and other costs that can go higher than $10,000.

According to the Ventura Police Department, three people have died and 82 have suffered injuries as a result of alcohol-related crashes in the city. The U.S. National Highway Traffic Safety Administration (NHTSA), which funds these sobriety checkpoints through the California Office of Traffic Safety, maintains that DUI checkpoints have provided the most effective documented results of any of the DUI enforcement strategies. They also help deter drunk driving and enhance public safety, officials say.

While checkpoints may deter DUI to some degree, what is not commonly known is the number of ways in which they can violate the rights of drivers. The officers who man these checkpoints are often not educated properly on how to make stops or whom to stop. Officers generally look for signs of intoxication or reckless or erratic driving. It is important for drivers to remember that they cannot be stopped simply for not wanting to go through a checkpoint or turning around. Law enforcement agencies are also required to clearly announce the date, time, and location of these checkpoints.

January 9, 2012

Los Angeles DUI Arrests Higher This Holiday Season

by Sitkoff & Hanrahan, LLP

Law enforcement agencies in the Los Angeles area really stepped up their DUI patrols over the holidays, specifically between Dec. 16 and Jan. 1. As a result, in Los Angeles County, there were many more DUI arrests this year. According to a news report in The Mar Vista Patch, 2,433 people were arrested on suspicion of DUI during this year’s Winter Holiday DUI Mobilization effort compared to last year’s 2,406 drunk driving arrests. California Highway Patrol officials made 274 DUI arrests in Los Angeles just over the New Year’s weekend compared to 228 arrests last year.

DUI enforcement efforts in the southland included checkpoints, saturation patrols, and routine patrols conducted by more than 100 police agencies countywide. Watch out, because this is not the end. Although the holidays are prime time when it comes to DUI enforcement, it doesn’t stop here. Officers will be out in full force once again for Super Bowl Sunday in February and the St. Patrick’s Day holiday in March. Almost all law enforcement agencies in Southern California receive funding from the California Office of Traffic Safety to conduct these DUI patrols and enforcement operations.

The penalties for DUI in Los Angeles can be severe. If convicted, drivers face possible jail time, probation, mandatory alcohol education programs, installation of an ignition interlock device, and insurance rate hikes. The cost of a DUI can add up very quickly. Those convicted of a DUI also face other repercussions, such as job loss.

January 6, 2012

Montebello Kaiser Doctor Accused of Molesting Patient

by Sitkoff & Hanrahan, LLP

A 41-year-old doctor has been arrested for sexually assaulting a female patient during a physical exam in July, The San Gabriel Valley Tribune reports. Police say the doctor is facing three felony charges, which were filed after a six-month investigation. The doctor, who saw patients at Kaiser Permanente’s Montebello offices, molested a female patient in her 30s during a routine physical examination, officials say. Charges filed include sexual battery by fraud, sexual exploitation by a physician, and sexual penetration by a foreign object. The doctor has been with Kaiser for about seven years and has no prior criminal record, according to the article. He has been placed on administrative leave. No additional victims have come forward.

Sex crime allegations can prove devastating, especially for professionals who are required to interact with people on a daily basis. For a doctor or a teacher, for example, a sex crime conviction can spell the end of a career. In addition, those convicted of sex crimes face significant consequences, including prison time, hefty fines, and mandatory registration as a sex offender. Even after serving their time, sex offenders are subject to scrutiny by law enforcement officials or community members. Even a sex crime allegation is sufficient enough to taint an individual’s reputation and affect his or her standing in the community.

Anyone who is facing sex crime charges or is under investigation would be well advised to seek the counsel of an experienced Los Angeles sex crime defense lawyer who will aggressively fight the charges and pave the way for an acquittal. The skilled sex crime defense lawyers at Sitkoff & Hanrahan have helped defendants get charges dismissed or even reduced. A number of these sex crime charges stem from false allegations, a misunderstanding, or ulterior motives. You do not have to suffer the consequences for something you did not do. Please contact us today at (866) 430-8383 for a free consultation.

December 27, 2011

How Many Drinks Does it Take to be Arrested for DUI?

by Sitkoff & Hanrahan, LLP

You have probably seen billboards and advertisements that state that “buzzed driving” is drunk driving. If you are wondering what constitutes drunk driving and how many drinks will result in a DUI, you are probably not alone. While it is important to remember that there are many factors that determine blood alcohol levels, the following information can be a useful guideline for understanding how much alcohol can result in a DUI.

First, it is important to understand that the amount of blood in a driver’s system is called Blood Alcohol Concentration (BAC). Driving with a BAC of 0.08 percent is illegal in California and most other states. California motorists determined to have a .08 BAC or higher could face serious penalties including driver’s license suspension, heavy fines and potential jail time.

Having less than one whole drink will more than likely result in your BAC rising to .01 or below. Completing one full drink could result in an alcohol level of approximately .02 percent. Having two drinks could result in a BAC of .04 or .05 percent BAC. This number can increase if the drinks were taken quickly and on an empty stomach. Drivers who reach the 0.08 percent BAC have probably had three to five drinks. Individuals who have consumed five to eight drinks will likely have a BAC of .1, which is well above the legal limit. A BAC of .16 means the individual likely had 10 or more drinks.

December 21, 2011

Los Angeles County Officials Cracking Down on Holiday Drunk Drivers

by Sitkoff & Hanrahan, LLP

drunk_driving Los Angeles County law enforcement will be out in full force this holiday season. According to a recent news report in The Culver City Patch, local law enforcement officials and anti-DUI task forces will conduct 32 DUI checkpoints and 202 DUI patrols between now and January 1, 2012 in Los Angeles County. Officials say they will deploy the roving patrols and conduct the checkpoints at locations that are known to have a higher number of drunk drivers. During a similar campaign in the year 2010, there were 2,406 DUI arrests made countywide.

The article states that in December of 2009 there were 753 nationwide DUI fatalities, 57 of which occurred in California. The Los Angeles County crackdown on drunk driving is a direct response to these staggering numbers. Unfortunately, whenever there is a massive crackdown on drunk driving, there is an increased risk of innocent drivers being wrongfully accused of driving under the influence.

There are many potential mistakes in a DUI saturation patrol arrest or DUI checkpoint. It is common for officers to see signs of intoxication where it does not exist and for sobriety tests to be conducted by officers who are not properly trained or qualified to accurately determine the results.

December 19, 2011

Convicted Molester Charged with Violating Sex Offender Registration Laws

by Sitkoff & Hanrahan, LLP

A 35-year-old man has been arrested for allegedly failing to file an alias and address change as required by California’s sex offender registration laws. According to a news report in the Los Angeles Times, the man was arrested after a Times investigation showed that he was involved in the process of placing actors, including children, in movies while being registered as a sex offender. He was convicted as a teenager in 1996 for an incident involving an 8-year-old he met at summer camp. Officials say that he did not file a change of address or a change of name. If convicted of those two charges, he could face up to three years in state prison. A representative for the defendant has stated that he has provided his legal name and passport to employers and that the change of address claim was related to a trip he was planning to visit his parents.

Having to register as a sex offender is one of the many serious consequences of a sex crime conviction. Having the stigma of being a convicted sexual offender can affect an individual’s life both professionally and socially. It can also have future legal implications. Previously convicted offenders can face felony charges if they fail to register each year, if they fail to register with their new county when they move, and if they fail to register a name change or alias.

Unfortunately, it is common for the authorities and juries to come down hard on individuals previously convicted of a sex crime with a minor. In such cases, newly rehabilitated individuals may suffer unfair treatment and harsh penalties because of their past conviction.

December 16, 2011

Former Newport Beach City Attorney David Hunt Faces DUI Charges

by Sitkoff & Hanrahan, LLP

David Hunt, Newport Beach’s former city attorney, is facing misdemeanor drunk driving charges in connection with a collision, which occurred back in September. According to The Newport Beach Patch, the 54-year-old Hunt was arrested on Sept. 30 after he crashed his vehicle into a parked car on Ford Road in Newport Beach. No one was reportedly injured in that crash. Hunt was re-hired by the city on a contract basis, but that contract was terminated following his DUI arrest.

California law prohibits motorists from driving with a blood alcohol level of 0.08 percent or higher. California Vehicle Code Section 23152 (a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

Even first-time offenders face serious DUI consequences in Orange County, including possible jail time, probation, mandatory alcohol education programs, and installation of an ignition interlock device. In addition to the legal consequences, an individual who is arrested on suspicion of drunk driving or charged with a DUI can also suffer professionally. People in public office can be terminated or placed on administrative leave. Individuals may lose their driving privileges, which in Southern California, can prevent them from being employed.

December 14, 2011

LA Dodger James Loney’s DUI Won’t Cost Him Professionally

by Sitkoff & Hanrahan, LLP

According to a December 9, 2011 news report in USA Today, Los Angeles Dodger James Loney won’t face professional consequences for his November accident that may have been alcohol-related. California Highway Patrol officials say that on November 14, 2011, Loney was involved in a car accident on the 101 Freeway in Los Angeles. His Maserati collided with a 2008 Mini Cooper, a Toyota Prius, and a Mercedes-Benz. The other drivers have stated that he was unconscious momentarily after the collision and attempted to flee the scene when he woke up. It is not clear if he was under the influence of alcohol, but a blood sample for alcohol and drugs was taken.

California Vehicle Code Section 23152 (a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” Penalties for drunk driving in California typically involve lengthy license suspensions, heavy fines, required alcohol counseling, and potential jail time.

A defendant could face additional penalties when a drunk driving arrest results in an injury or fatal car accident. Anyone facing a potential DUI charge would be well advised to contact an experienced criminal defense attorney who will analyze all aspects of the case and the incident and ensure that the defendant’s legal rights are protected.

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