California Criminal Defense Attorneys

July 21, 2011

DUI Penalties in California Include Costly Classes

There are many harsh penalties that convicted drunk drivers are likely to face in California. One of the many consequences of driving under the influence of alcohol is the potential for mandatory attendance in a California alcohol education program. The goal of these programs is to reduce the number of repeat DUI offenses and to get help for the offender. These classes are expensive and time consuming. Even first-time offenders in California face the requirement to attend these classes.

Under California Law, first-time offenders are required to attend a 30-hour alcohol and drug education and counseling program. Drivers with a BAC of .2 percent or higher must complete a nine-month, 60-hour program even if it is their first offense. Drivers convicted of reckless driving must complete a 12-month program. Repeat offenders must attend an 18-month program that includes group counseling, alcohol education, community reentry monitoring and bi-weekly interviews. Third-time offenders must attend a 30-month program.

The cost of these programs is difficult to calculate. Offenders not only have to spend hours upon hours away from work, but they also have to pay for the classes out of their own pocket. Many DUI programs and schools cost hundreds of dollars. This expense will be added on top of the fines, the cost of installing and maintaining an ignition interlock device, and possible increase in insurance premiums the driver may already face.

July 19, 2011

Barron Hilton Ordered to Pay $4.9 Million Following DUI Crash

by Sitkoff & Hanrahan, LLP

Barron Hilton, younger brother of Paris Hilton, has been ordered to pay $4.9 million to a gas station attendant he allegedly struck while driving drunk. According to a July 15, 2011 report by TMZ, the recent ruling by the judge stems from a DUI accident in California that occurred back in 2008 when Hilton was 18 years old. The victim of the DUI crash alleged that he suffered a permanent disability and has undergone multiple surgeries since the accident. The authorities arrested Hilton after the accident for driving with a blood alcohol content of .14 percent.

The penalties associated with driving drunk in southern California can be serious. One possible consequence of driving drunk in addition to criminal charges is the possibility of civil litigation. Those who are injured in a DUI collision may decide to seek financial compensation for the damages he or she suffered. This is one of many reasons why it is so important for drivers charged with a DUI to immediately hire a skilled Los Angeles defense lawyer.

Possible civil litigation is just one possible consequence of being convicted of driving under the influence. Drunk drivers in California typically face time in county jail (not less than 96 hours), heavy fines (not less than $390) and a lengthy driver’s license suspension. The severity of the charges held against a person is often determined by the circumstances of the arrest and the driving history of the defendant. Ultimately, however, the outcome of a case depends on the quality of a person’s criminal defense representation.

July 12, 2011

Nickelodeon Actor Ryan Rottman Arrested for DUI in Hollywood

by Sitkoff & Hanrahan, LLP

Actor Ryan Rottman has been arrested for driving under the influence. According to TMZ, the Nickelodeon star of “Gigantic” was arrested on July 7, 2011 in Hollywood. The actor allegedly blew a .19 percent BAC, which is over twice the legal limit of 0.08 percent. Authorities pulled him over after allegedly witnessing his vehicle jump a curb. According to the report, the authorities smelled alcohol when they pulled him over and administered a field sobriety test.

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.” Penalties for first-time DUI offenders in California typically include a four-month license suspension and substantial fines.

The penalties for a DUI arrest in California can fluctuate depending on the driving history of the defendant and the circumstances of the arrest. Increased penalties will result from a repeat offense, an arrest related to an injury accident and in cases where the motorist refused to take a breath test. In some cases, an experienced Hollywood DUI defense attorney can have the charges lessened or even dismissed.

July 11, 2011

Man Arrested for Lewd Conduct at Public LA Swimming Pool

by Sitkoff & Hanrahan, LLP

A 32-year-old man has been arrested for lewd conduct at a Los Angeles public pool. According to a news report in the Los Angeles Times, the lewd conduct arrest occurred at the Ted Watkins Memorial Park Pool on East 103rd Street in Los Angeles. The alleged lewd behavior involved four girls between the ages of 9 and 13. Lifeguards at the pool informed the authorities of the man’s behavior. All four girls told police that the man touched them “on areas of their body that made them uncomfortable.”

Under California Penal Code Section 647, it is a misdemeanor for “anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” The penalties for a lewd act may be stepped up if the victim is a minor.

California Penal Code Section 288 states that “any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony.”

July 8, 2011

New California Death Penalty Legislation Proposed

by Sitkoff & Hanrahan, LLP

There is legislation in the works in California, which if passed, could put an end to the death penalty in California. Loni Hancock, a Democratic Senator from Oakland, is working to have the death sentence reduced to life in prison without parole. If this law is passed, those currently on death row in California will automatically switch to serving life in prison without the possibility of parole.

Senator Hancock has a long and arduous road in front of her if she is going to get SB490 amended to do away with the death penalty. This type of amendment can only be made with the Governor’s approval and a statewide vote. If the bill goes through, it could be voted on by Californians as early as November 2012.

Hancock cites several reasons to do away with the death penalty. First of all, in light of California’s gaping budget deficit, Hancock points out that the death penalty could cost Californians as much as $9 billion by the year 2030. Also, several studies have shown that the death penalty does not act as a deterrent when it comes to the commission of the most horrendous crimes. Additionally, there is always the possibility of wrongful conviction. There is the chance that innocent people could be put to death.

July 7, 2011

Singer Rick Springfield Charged with Two Counts of DUI in Malibu

by Sitkoff & Hanrahan, LLP

Rock singer Rick Springfield has been charged with two counts of driving under the influence following his arrest in Malibu in May. According to a news report by TMZ, the singer had a .1 BAC when he was pulled over by the authorities on May 1, 2011. If Springfield is convicted of the two counts of DUI, he could face up to six months in jail and a $1,000 fine.

California Vehicle Code 23152 states that “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.” Under the same section, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Failure to seek skilled legal representation following a DUI arrest in LA can result in unnecessarily harsh penalties. There is a wide range of consequences for a DUI conviction including incarceration, fines, mandatory alcohol treatment and the installation of an ignition interlock device. A DUI defense attorney will fight to have the charges reduced, or in some cases, thrown out completely.

July 1, 2011

Apple to Stop Accepting DUI Checkpoint Apps

by Sitkoff & Hanrahan, LLP

Apple is restricting sales of apps that locate DUI checkpoints in an effort make it more difficult for tech-savvy motorists to identify the exact locations of police sobriety checkpoints. According to USA Today, Apple’s decision comes three months after several Democratic U.S. senators asked major makers of smartphones to stop selling these downloadable apps or to eliminate the DUI checkpoint function.

Research in Motion, the maker of BlackBerry smartphones, immediately pulled the DUI checkpoint apps. Apple, which makes the popular iPhone, and Google, which sells Android-based apps, did not. This week, Apple updated its guidelines and decided not to sell apps that contain DUI checkpoints not publicized by law enforcement agencies.

DUI checkpoints or sobriety checkpoints, as they are commonly known, are becoming more and more prevalent in Southern California. Law enforcement agencies get significant funding from the National Highway Traffic Safety Administration (NHTSA) to set up sobriety checkpoints to snare drunk drivers and those driving without a valid license. There will be a number of checkpoints during the upcoming July 4 holiday weekend in several California cities.

June 24, 2011

U.S. Coast Guard Launches Operation Dry Water in Southern California This Weekend

by Sitkoff & Hanrahan, LLP

Operation Dry Water is a campaign occurring for boating under the influence (BUI) in California and throughout the country, June 24-26, 2011, that focuses on enforcement and education in an effort to decrease boating accidents and fatalities related to alcohol and/or drug use. According to OperationDryWater.org, the campaign happens each year during the weekend before 4th of July and is organized by the National Association of State Boating Law Administrators (NASBLA) in partnership with the Coast Guard, the states, and other organizations.

During Operation Dry Water, there will be increased patrols as well as BUI sobriety testing. In addition to the breathalyzer tests and others, for the first time ever, marine patrol officers can now test boaters in a seated position and apply the percentage of probability that a 0.08 BAC level of impairment exists. The series of BUI tests have been approved for marine use and are based on results from a three-year study carried out by the Southern California Research Institute.

The new California BUI field sobriety tests are conducted on the water and no longer take place on the land on a steady platform, which raises questions regarding accuracy in determining whether a person is under the influence. Some of the tests include finger to nose, horizontal gaze and nystagmus, palm pat, and hand coordination. If a boat operator is BUI, the boating trip will be terminated, the operator may be arrested and the boat itself may be impounded. The full list of potential penalties includes: fines, imprisonment, loss of boating privileges, boat impoundment, and even the loss of driving privileges.

June 23, 2011

Faulty Brethalyzer can Affect Outcome of CA DUI Cases

by Sitkoff & Hanrahan, LLP

Recently, prosecutors in Santa Clara County dropped charges in several DUI cases because of faulty breathalyzers that were used in field tests. According to a news report in the San Jose Mercury News, county officials conducted a special review of 858 files of which 5 percent or 42 cases were dismissed because a faulty breathalyzer was used. The questionable cases involved drivers who refused to take a second sobriety test at the police station leaving the faulty field test as the main evidence in the case.

The investigation into these cases began a month after prosecutors learned that the Alco Sensor V device that the San Jose and Palo Alto police departments had been using may have incorrect readings because of a manufacturer’s defect that can cause condensation to build up in the tube. In fact, Ventura County officials were the first to learn of the problem in April.

These faulty breathalyzer readings in California have also caused hassles for defendants. One woman, for example, refused to take a plea deal for a lesser charge of reckless driving involving alcohol because, she maintained, she was simply not drunk. Thankfully, her case ended up being dismissed because a test taken at the station showed a blood alcohol level of 0.05 percent, which is below the legal limit of 0.08 percent. The tests taken with the Alco-Sensor V on the filed showed readings of 0.09 percent. Unfortunately, for many others who may have been victims of these faulty breathalyzers, they have already paid fines and served time.

June 21, 2011

Convicted Sex Offenders in Huntington Beach Arrested for Parole Violations

by Sitkoff & Hanrahan, LLP

Police in Huntington Beach arrested four convicted sex offenders on charges of violating their parole. The Orange County Register reports that law enforcement officials conducted a sweep of Southern California registered sex offenders in the city and checked up on 16 others who are on active parole. Four were arrested after they were found to have violated conditions of their parole, officials said. There are currently 178 sex offenders in the city of Huntington Beach of whom 95 are listed on the Megan’s Law website. The sweep was conducted by a task force comprising local, county and state law enforcement officials.

When you are convicted of a sex crime in Orange County or anywhere in California, the consequences are usually long-term. Not only does the defendant face jail or prison time and hefty fines, but he or she is also required to register as a sex offender – even after serving time. Convicted sex offenders are required to register with local law enforcement agencies. Their information, including home address and photo, could be posted on the Megan’s Law website for the public to see. In addition, a number of cities in Orange County are adopting ordinances banning convicted sex offenders from entering city parks without prior police permission.

These consequences are the reason why it is imperative for anyone who has been charged with a sex crime to seek the counsel of an experienced Huntington Beach sex crime defense lawyer. The reputed Orange County criminal defense lawyers of Sitkoff & Hanrahan know and understand the high stakes in any sex crime case. We will put our decades of experience as former prosecutors and investigators to work for you in order to obtain the best possible outcome in your case. Call us today at 866-430-8383 to schedule a free consultation and get the help you need.

California Criminal Lawyer Blog