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Los Angeles DUI Attorney Blog

Councilman rebuked for California DUI arrest before court appearance

A city councilman in a Central Coast community south of Santa Barbara is facing two separate standards that our culture seems to set when it comes to allegations of driving under the influence. People charges with a crime, such as a California DUI, enjoy the presumption of innocence in a court of law. Los Angeles DUI defense lawyers know that the presumption of innocence is an extremely important constitutional right. But our culture also tends to try people in the court of public opinion, where that presumption of innocence is often overlooked.

Recently, this blog discussed the DUI arrest of an LA Dodger. Ultimately, there was insufficient evidence to support the charges in a court of law, although some in the media may not have originally portrayed the incident in that light.

Civilian employee of LASD arrested on suspicion of DUI

Authorities say that a civilian employee with the Los Angeles County Sheriff's Department has been arrested on suspicion of driving under the influence. The California Highway Patrol says that they received a number of 911 calls claiming that a car was seen stopped along the Pasadena freeway Feb. 3. Officers reportedly located a car stopped in the middle of the Foothill Freeway. Law enforcement says the driver appeared to be passed out in the vehicle.

CHP officers identified the woman behind the wheel of a LA County vehicle as a civilian director for the Sheriff's Department's Community-Police Partnership. Police claim the woman was found with her head on the steering wheel and her foot on the brake pedal of the idling car.

Woman arrested for DUI after wreck in San Bernardino Mountains

Authorities arrested a Crestline woman early Wednesday morning at Loma Linda University Medical Center. Law enforcement believes the woman was driving under the influence when she was in a rollover injury car accident on Highway 18 in the San Bernardino Mountains at 11:25 last Tuesday night.

The California Highway Patrol says that a person called 911 before the accident, apparently to report erratic driving conduct of a driver in the San Bernardino Mountains. Police say that the caller characterized the situation as a "possible DUI driver." Law enforcement believes the caller was referring to the woman now accused of being involved in a drunk driving wreck.

Pomona man faces murder and felony DUI charges after Jan. 28 wreck

A Pomona man remains behind bars on $1 million bail awaiting arraignment felony charges of driving under the influence causing bodily injury, excessive blood alcohol content and second-degree murder in connection with fatal car accident. The young man was scheduled to appear for arraignment in Orange County on the felony DUI charges earlier this week, but his hearing has been delayed day by day as a result of injuries he sustained in the accident.

The events on the night of the fatal car accident are somewhat unclear. Prosecutors claim that the man had been drinking with his friends at a Newport Beach bar that night. He and his girlfriend reportedly took a cab from the bar to a friend's home.

Sunday Leads To Spike In DUI and DOMESTIC VIOLENCE Arrests

Super Bowl Sunday leads to spike in DUI and Domestic Violence arrests every year. Perhaps due to the adrenaline rush from viewing the world's biggest sporting event, various bets and arguments over the course of the game, the final outcome and likely aided by the consumption of lots of alcohol.

In California, both driving under the influence and domestic violence continue to be treated with heightened seriousness by law enforcement and the courts. Years ago, someone pulled over for a DUI might get escorted home, and police responding to a domestic violence call without an obvious injury might just warn the couple that they better take it easy. Today, that couldn't be farther from the way things work (How it works today).

All DUI stops (with occasional exceptions), result in an arrest. Often this is due to the driver not invoking his constitutional rights to not incriminate oneself. Likewise, even the most unobtrusive domestic violence calls will result in one or both parties being arrested.

And it doesn't stop there- both DUI and Domestic Violence arrests are almost always prosecuted blindly due to the political and cover your ass underpinnings.

We frequently are able to help the most when we get involved in a case early in the process, when working with law enforcement officers can take place ahead of their reports getting to the district attorney or other prosecutorial agencies.

Either way, the single best piece of advice when facing an encounter with law enforcement is to be polite, but to firmly stick to your Constitutional right to not incriminate yourself: This is best accomplished by making the statement, "My attorney told me not to talk to you." Cops are great at convincing you not to follow this instruction, but the Supreme Court of the United States has often said that the Fifth Amendment exists to protect innocent people from incriminating themselves.

If you are unsure of your rights, have been contacted by law enforcement or are currently facing charges in court, please contact us for a free consultation.

While LA tests interlocks in DUI cases, feds may dangle cash to force use

Ignition interlock devices in drunk driving cases are a growing trend across the country. California began a pilot project that requires the devices to be installed on cars upon a conviction for driving under the influence. Los Angeles County is among the four counties participating in that pilot project, which is currently scheduled to run through 2016.

Now, some lawmakers in the nation's capital want to force states to require the devices in all DUI cases by dangling a carrot before state legislatures. Tuesday, lawmakers in the U.S. House unveiled a measure that would offer states more access to federal money if the state requires ignition interlocks in drunk driving cases.

An ignition interlock requires a driver to submit a breath sample. If the machine thinks the driver's blood alcohol content exceeds a preset limit, the car simply will not start.

Loney, LA Dodgers first baseman, will not face DUI charges

Sometimes a car accident is just an unfortunate event. Last December, news broke that Los Angeles Dodgers first baseman James Loney had been in a car accident on the 101 Freeway in Sherman Oaks. The Major League ballplayer was arrested on suspicion of driving under the influence after the Nov. 14, 2011 crash.

However, as this blog reported in December, Loney was not taken to jail after the crash. Emergency responders had concerns that a medical emergency might have been underway, and Loney was taken to the hospital for medical testing.

Police accident reports indicate that paramedics believed that Loney was displaying symptoms consistent with head trauma, including disorientation, after the freeway car accident. Nonetheless, law enforcement took a blood sample, suspecting that the ballplayer was under the influence. That sample was sent off to the lab for testing. Now prosecutors say the test results are back and Loney will not be facing California DUI charges.

Authorities arrest Imperial Beach man three times in five days for DUI

An Imperial Beach man was picked up by law enforcement on suspicion of driving under the influence early Sunday morning. The man was reportedly inside a bar when Sheriff's deputies first encountered the man. Despite not being found in, or even near, a vehicle, the deputies placed the 44-year-old man under arrest for allegedly violating California DUI laws.

Soon after the DUI arrest, law enforcement says they learned that the man had been arrested two other times within the previous five days on drunk driving charges. Authorities say the man was arrested on Jan. 17 on suspicion of DUI charges in San Diego, and on Jan. 19, California Highway Patrol officers made a DUI arrest.

LAPD arrests man at emergency room on suspicion of DUI after chase

Los Angeles police say that officers chased a late model Mercedes for the better part of an hour Saturday night. Authorities claim that police originally pulled the car over in Palms, but news reports do not clearly indicate the basis of the traffic stop. LA Police say that when officers approached the Mercedes, the driver appeared impaired. Apparently, officers told the man to turn off the ignition to his vehicle.

However, before police could investigate their suspicion that the man may have been driving under the influence, LA Police say that the driver fled the scene. Law enforcement began a pursuit that wound through Palms, West Los Angeles, the Wilshire district and West Hollywood, coming to an end in Culver City.

Woman pleads guilty to lesser charges in alleged Route 76 DUI crash

On the doorstep of her second trial, a woman accused of four counts of DUI-related murder waived her right to trial by jury and accepted a plea agreement. The case previously had been tried before a jury and in that trial one juror found that prosecutors failed to prove beyond a reasonable doubt that she was the driver at the time of the Dec. 14, 2007 car accident. That trial was declared a mistrial and the parties prepared to retry the case.

Prosecutors charged the woman with four counts of murder, at least one count of DUI causing injury and a misdemeanor charge of driving while suspended. She was facing a potential 15-years-to life prison sentence on each of the four murder charges and apparently decided to change her plea last Tuesday, the day that jury selection was scheduled to begin.

She chose not to retry the case and pled guilty to gross vehicular manslaughter while intoxicated and DUI causing injury. Sentencing is scheduled for Feb. 22, when the judge is expected to impose an 18-year prison term under the plea.

Law Offices of Daniel R. Perlman
6464 Sunset Blvd., Suite 1030
Los Angeles, CA 90028
Phone: (213) 985-0670
Toll Free: (877) 814-7586
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Law Offices of Daniel R. Perlman
6464 Sunset Blvd., Suite 1030
Los Angeles, CA 90028
Phone: (213) 985-0670
Toll Free: (877) 814-7586
Map & Directions