California Criminal Defense Attorneys

December 13, 2011

Ventura Police Receive Funding for DUI Enforcement

The Oxnard Police Department and the Ventura Police Department have received substantial grants to combat drunk driving. According to a news report in The Ventura County Star, authorities in Oxnard received a $250,000 grant and Ventura officials received $150,000. Both cities have appeared on the list of the 50 cities with the most fatal DUI accidents in California. The grants will be used to specifically target drivers who are under the influence by increasing DUI patrols, checkpoints, and other enforcement efforts.

The California Highway Patrol’s 2009 Statewide Integrated Traffic Records System reported eight fatalities and 106 injuries as a result of DUI accidents in Ventura County. Clearly, drunk driving is a serious problem, but it is important that the rights of California’s drivers are protected, even through these enforcement efforts. Drunk driving enforcement usually increases during the holiday season when police are at full force.

With an increase in the number of DUI checkpoints and patrols, there is the potential for an increase in the number of wrongful DUI arrests. There is also the potential for drivers’ rights to be violated during the investigation and arrest. It is critical in such cases that defendants have experienced DUI defense lawyers on their side, who will fight for their rights and make sure that wrongful charges are dismissed.

December 9, 2011

Orange County Pastor Charged with Molestation

by Sitkoff Law Group, Inc.

A 39-year-old Westminster pastor has been charged with molestation of a minor as well as possession of child pornography. According to a news report in The Orange County Register, the alleged lewd act occurred in the parking lot of an Orange County grocery store. An 8-year-old girl and her mother told Huntington Beach police that the man rubbed the girl’s legs, thighs, and arms before giving her $40 to stay quiet. During the investigation, officials say they found images of child pornography on the suspect’s computer. The pastor faces several charges, including lewd acts on a child under 14, kidnapping for child molest, attempting to dissuade a witness, and possession of child pornography. His penalties could include 30 years to life in state prison.

California Penal Code 288 makes it a crime to commit an act of lewd or lascivious nature on a minor under the age of 14. Lewd act cases typically involve accusations of inappropriate touching or fondling. It is often challenging to uncover the truth in these types of cases. It is common for the only evidence to be the words of a young child and for juries to seek the most severe penalties possible because of the age of the alleged victim.

Depending on the circumstances of the incident, the resulting charges can be a misdemeanor or a felony. A conviction for a sex crime involving a minor can have serious consequences, including incarceration, fines, and mandatory registration as a sex offender. The stigma of being labeled as a sex offender can potentially have life-changing consequences for an individual.

December 6, 2011

Deputy Charged with Motorcycle DUI in Fountain Valley

by Sitkoff Law Group, Inc.

A 38-year-old Los Angeles County Sheriffs Department deputy has been charged with driving under the influence after crashing his motorcycle on the freeway. According to a news report in The Orange County Register, the DUI incident occurred on the 405 freeway near Brookhurst Street in Fountain Valley. The news report states that the off-duty deputy was riding his motorcycle with a blood alcohol concentration (BAC) of .15 percent – nearly twice the legal limit of 0.08 percent. He suffered hip injuries and his wife was hospitalized with a knee injury, as well as abrasions to her arms and hand. He now faces up to three years in state prison for causing injury while driving under the influence.

California penalties for driving under the influence are increased when the driver causes injury or death. According to California Vehicle Code Section 23153: “It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”

In addition to facing lengthy license suspensions, fines, and possible jail time, individuals charged with driving under the influence also run the risk of losing their job and jeopardizing their career. The skilled Orange County DUI defense attorneys at Sitkoff Law Group, Inc. help protect the rights of those accused of driving under the influence. If you or a loved one is facing DUI charges in Orange County, please call our offices at (866) 430-8383 to schedule your free consultation.

December 2, 2011

Los Angeles County Saw Increased DUI Arrests This Thanksgiving

by Sitkoff Law Group, Inc.

Each year during the Thanksgiving holiday weekend and right through the holiday season, there is an increase in the number of DUI patrols and checkpoints throughout Los Angeles County. According to a report in The Annenberg TV News, there was a 10 percent increase in drunk driving arrests this past Thanksgiving weekend. California Highway Patrol officials say that 200 Los Angeles County drivers were arrested for drunk driving over the holiday weekend, which accounts for 22 percent of DUI arrests statewide.

Statewide between 6 p.m. Wednesday November 23, 2011 and 11:59 p.m. Saturday November 26, 2011, there were 1,350 DUI arrests. During the same time period in 2010, there were 1,419 drunk driving arrests in California. Thanksgiving weekend traffic fatalities increased this year from 12 deaths in 2010 to 21 fatalities in 2011.

Penalties for driving under the influence of drugs or alcohol in California are severe. First-time offenders could face a six-month license suspension, mandatory jail time, required attendance in a DUI school, probation, mandatory installation of an ignition interlock device, and multiple fines and court fees. CA DUI and car insurance is another challenge drivers face and a drunk driving conviction can also be a setback when it comes to finding a job or remaining employed.

November 28, 2011

Driver Arrested for DUI Following Fatal Crash

by Sitkoff Law Group, Inc.

An 18-year-old man was arrested following a fatal Orange County car accident, while officials are still determining whether or not alcohol or recklessness contributed to the accident. The Orange County Register reports that the fatal car accident occurred on Ortega Highway near Caspers Park in San Juan Capistrano. Officials say the man drove his pickup off the roadway and into a tree. A woman in her 40s who was riding in the pickup was pronounced dead at the scene of the crash. The teenage driver was arrested on suspicion of vehicular manslaughter. An investigation is ongoing.

A driver who is determined to have been at fault for a fatal accident may face vehicular manslaughter charges. Evidence of reckless driving or intoxication can result in even more serious charges. California Penal Code 191.5 (b) states, “Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle … and the killing was … the proximate result of the commission of an unlawful act.”

Following a fatal car accident, an experienced DUI defense attorney should be brought on board immediately. Having quality legal representation on your side can make or break your case. The resulting penalties for vehicular manslaughter are severe, especially when alcohol is a factor in the crash. If convicted, a defendant could face lengthy prison time, hefty fines, and other life-changing penalties.

November 22, 2011

Tips to Prevent a Los Angeles DUI During the Thanksgiving Holiday

by Sitkoff Law Group, Inc.

Southern Californians will see a substantial increase in the amount of police enforcement on the roadways this Thanksgiving weekend. The increase in driving under the influence (DUI) patrols and sobriety checkpoints serves to discourage illegal activity and arrest motorists suspected of driving under the influence of alcohol. All motorists would be well advised to drive safely and to utilize a designated driver or taxi service after consuming alcohol during the holiday festivities.

During the 2010 Thanksgiving enforcement effort, 1,546 people were arrested on suspicion of DUI in California. That number reflects an increase from the 1,461 DUI arrests during the 2009 Thanksgiving weekend. The California Highway Patrol reports that their increased DUI enforcement begins this year on November 23 at 6:01 p.m. and continues through November 27 at 11:59 p.m.

If you are pulled over this Thanksgiving weekend, there are a number of things you should remember. First, be respectful and polite to the officer. Remember that you are allowed to refuse taking a field sobriety test. Additionally, you have the legal right to refuse a preliminary alcohol screening test (breath test) as well. Individuals who have been arrested, however, must submit to a chemical blood or breath test. Refusal of one of these tests after being arrested will result in a license suspension and at least 48 hours in jail. Last, but not the least, remember to exercise your right to remain silent.

November 18, 2011

Possible Police Mistakes in DUI Arrests

by Sitkoff Law Group, Inc.

There are many mistakes that can be made during a DUI arrest that can result in the drunk driving charges being dropped in the future. Under California law, drivers are obligated to take a breath test, but they have the right to decline to take the preliminary alcohol screening test. Drivers may also decline to take field sobriety tests. When police officers make the mistake of failing to inform drivers about these rights and lead them to believe that the tests are mandatory, the results of such tests may not be used in court. Californians should know that refusal of these tests typically results in an arrest, and it is against the law to refuse to take a blood or breath test after being arrested. Once an arrest is made, police officers are required to inform the suspect of his or her rights.

There are many mistakes that can be made during the actual testing process, or the DUI investigation as well. Was the officer qualified to administer the test? Were proper protocols followed? When was the equipment used for the test last calibrated? Were the samples tampered with or stored properly? Did the arresting officer have probable cause to seize evidence from the suspect’s vehicle?

There are many potential mistakes that can invalidate an arrest and get charges dismissed. The experienced southern California DUI defense attorneys at Sitkoff Law Group, Inc. know how to analyze all aspects of a case to determine if any of the defendant’s rights were violated. If you are facing DUI charges in southern California, please call our offices today at (866) 430-8383 for a free consultation.

November 16, 2011

Valencia High School Coach Arrested for Allegedly Having Sex with a Minor

by Sitkoff Law Group, Inc.

A 20-year-old assistant football coach has been arrested and charged with unlawful sex with a minor. According to an ESPN news report, the Hart High School coach was arrested in Santa Clarita. Officials say the 20-year-old coach had sex with a 15-year-old student in a vehicle. The authorities believe this is an isolated incident and no other victims are expected to come forward. The coach now faces felony charges, including lewd acts with a child and unlawful sexual intercourse.

California Penal Code Section 261.5 defines unlawful sexual intercourse as “an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.” This crime is a misdemeanor when the victim is within three years of age with the suspect. The law states that “any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.”

Allegations of unlawful sex with a minor can have long lasting social and professional ramifications for defendants. This type of allegation can be particularly damaging to someone who works with children, such as a teacher, coach, mentor, or tutor. Some common consequences of a sex crime conviction include prison time, hefty fines, and mandatory registration as a sex offender.

November 11, 2011

Nickelodeon Star Ryan Rottman’s DUI Charges Dismissed

by Sitkoff Law Group, Inc.

TV star Ryan Rottman, 27, has had his DUI charges officially dismissed. According to an E! Online news report, Rottman agreed to cop to a reduced plea of alcohol-related misdemeanor reckless driving in order to have his DUI charges dismissed. Officials say the incident occurred back in July after he lost control of his vehicle, which jumped a curb in Hollywood. The Nickelodeon star now faces three years probation, a $390 fine, and a three-month alcohol education course instead of possible jail time.

There is a wide range of penalties that California drivers could face if they are charged with driving under the influence. Common DUI penalties include: jail time, heavy fines, license suspension, installation of an ignition interlock device, and mandatory alcohol treatment classes. Penalties for drunk driving can increase or decrease depending on the circumstances of the arrest, the driving history of the defendant, and whether anyone was hurt because of the actions of the driver.

It is crucial that anyone facing DUI charges in southern California seek legal guidance before discussing their case with the authorities. An experienced DUI defense attorney will be able to review the circumstances of the incident to determine if it is worth fighting the charges or if it is possible to get the charges lowered or dismissed. Failure to consider all options could result in the defendant facing unnecessarily harsh penalties.

November 8, 2011

Fountain Valley Mom Charged with Sex Crime

by Sitkoff Law Group, Inc.

A 43-year-old Fountain Valley woman has been charged with having sex with a 12-year-old boy. According to a news report in The Los Angeles Times, the woman has been charged with three felony counts of lewd acts on a child under 14 years of age, along with a sentencing enhancement for “substantial sexual conduct with a child.” The woman is accused of having sex with the boy twice. The boy’s mother discovered the woman in a room with her son and found her kissing the boy. The mother became suspicious and alerted police, which led to the investigation and the subsequent arrest and charges.

California Penal Code Section 261.5 states: “Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.”

In addition to incarceration, the consequences for sex with a minor include mandatory registration as a sex offender. Convicted sex offenders are often ostracized from society. The social, professional, and financial impact of a sex crime conviction can be significant. Getting a job, a professional license, or renting a home are challenges for convicted sex offenders. Several Orange County cities have even banned convicted sex offenders from entering city parks without getting prior police permission.

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