Authorities say the 40-year-old man crashed through a cinder block wall while driving his Lexus, and he and the car wound up in a family's backyard swimming pool. A 16-year-old young woman who lives in the home says that the family knew that one day a car would wind up in their pool, because other drivers have crashed into the cinder block wall, which is situated at a "T-intersection" in La Puente.
After the early morning wreck, law enforcement arrived and reportedly arrested the driver on suspicion of driving under the influence. The car accident was reported around 5:25 Sunday morning. Law enforcement believes the driver went through the T-intersection, traveled over a sidewalk, and crashed through the wall.
]]> The man's Lexus reportedly splashed into the backyard swimming pool, waking the family inside the home. The man who is now accused of driving the Lexus into the pool is believed to have escaped from the sinking vehicle through the passenger side window. Law enforcement claims that the man was under the influence of alcohol or drugs, but officials have not provided details of what led them to that conclusion.The La Puente man was booked into the county jail after his arrest, with bail set at $10,000. The man accused of driving the Lexus was scheduled to appear Tuesday in El Monte Superior Court.
Source: San Gabriel Valley Tribune, "Officials: Drunken driver crashes through wall, into backyard swimming pool in La Puente," May 13, 2012, Brian Day
]]>A number of officials from different agencies held a press conference Thursday in Fontana to increase awareness of social host ordinances that several cities and counties in Southern California have enacted. Law enforcement agencies in Fontana and across San Bernardino, for instance, are seeking to crackdown on underage drinking, through enforcement of available social host ordinances.
]]> Social host ordinances generally provide authorities with the power to issue a misdemeanor alcohol citation for parents or others who host parties where law enforcement alleges underage drinking or drug use has occurred.The ordinances essentially expand the power of the government over and above enforcement of underage consumption or DUI charges under state law. Agencies can cite a person based upon evidence obtained away from the scene of the party where underage drinking allegedly occurred.
Social host ordinances are available in a number of communities and obviously apply year round. However, many Southern California law enforcement agencies can be expected to increase enforcement of the ordinances throughout the graduation party season, which can run into summer.
The recent news conference was somewhat of a localized effort for an issue that can affect people beyond San Bernardino County. Although the news conference was held to increase awareness of social host ordinances among students and adults alike, authorities announced that adult and underage DUI enforcement will also be a priority through the graduation party season.
Source: San Bernardino Sun, "Police vow to crack down on adults holding parties in which underage teens are served alcohol," Lori Fowler, May 10, 2012
]]>A news photographer apparently was somewhere nearby the scene of the accident and says a flash could be seen for miles when the pickup slammed into the power pole. The impact is believed to have caused an electrical fire that ignited the pickup truck. A second vehicle is believed to have been involved in the car accident, but details of the car accident itself remain sketchy.
]]> Sources say that at least one person suffered minor injuries in the car accident. The unidentified injured party was treated at the scene and declined to be taken to a hospital after the crash. The woman accused of DUI reportedly escaped injury in the fiery accident. It remains unclear what level of DUI charges prosecutors may be seeking in the alleged DUI accident.The car accident occurred around 11:40 p.m. Wednesday on Ventura Boulevard near Universal City. The impact reportedly knocked down high-voltage power lines that are believed to have sparked the fire at the scene, and also knocked out power to roughly 30 customers for several hours.
Any allegations of DUI can lead to harsh consequences in California. When allegations include evidence of car accidents and personal injuries, the stakes can often become much higher.
Sources:
Fontana Police set up a roadblock on May 5 for Cinco de Mayo and reportedly arrested roughly ten percent of the drivers who were screened for evidence of drunk driving at the checkpoint. Eighty-seven people were screened out of the nearly 1,700 vehicles that flowed through the May 5 DUI checkpoint according to the San Bernardino Sun.
Ten percent of those 87 drivers screened is a small number, and pales in light of the 1,698 drivers would drove through the road block. A sampling of newspapers all over the Los Angeles area may reveal similar stories.
]]> But DUI checkpoints continue to be used to intrude into Southern Californians lives. Santa Clarita Valley law enforcement says that DUI checkpoints serve to educate the public about drunk driving. A traffic sergeant at the Santa Clarita Valley Sheriff's Station says that, "We know we're inconveniencing a lot of people," in conducting DUI checkpoints. He says the operations deter drunk drivers.Authorities say that Los Angeles County Sheriff's Office statistics show that drunk driving is a problem in the Santa Clarita Valley--so deputies frequently run sobriety checkpoints in the area, apparently to educate the public. Since March, a DUI checkpoint has been set up on one Friday night each month to catch drunk drivers in the Santa Clarita Valley.
More than 3,600 Californians reportedly have been inconvenienced in the area from the three recent checkpoints set up since March. In all, three people have reportedly been arrested from the sobriety roadblocks-one driver during each of the publicly funded operations.
Sheriff's officials say that the roadblocks will continue through the summer to send a message to Southern Californians. It appears that more than 3,600 Southern Californians who have driven through checkpoints in the last three months were not driving under the influence in the Santa Clarita Valley, but were subjected to law enforcement's scrutiny nonetheless as a message.
The sobriety checkpoint operations that have netted three DUI arrests are reportedly funded through a state grant.
Sources:
San Bernardino County Sun, "Fontana checkpoint nabs suspected drunk drivers," Doug Saunders, May 7, 2012
The Santa Clarita Valley Signal, "Results lead to questions on DUI checks," Jim Holt, May 9, 2012
]]>This weekend marks the annual Cinco de Mayo celebration, and law enforcement agencies all over California are expected to be using checkpoints and other tactics to enforce California DUI laws.
A scan of local newspapers across Southern California indicates that many local agencies and the California Highway Patrol plan to increase DUI enforcement for the holiday weekend-many agencies slating saturation patrols and sobriety checkpoint operations to begin Thursday.
]]> The Lake Elsinore Police recently released a written statement aimed at bars, restaurants and people planning to host a Cinco de Mayo party to plan ahead and promote designated drivers for those celebrating over the weekend to reduce drunk driving. The law enforcement agency says that it will have a zero tolerance for those who have been out celebrating and are found without a designated driver.The Los Angeles Police Department plans to use saturation patrols and sobriety checkpoints. The agency also is reaching out to party hosts, bars and restaurants to encourage use of designated drivers.
It makes little difference whether you read an LA newspaper, a report from Lake Elsinore, a story from Ventura County, or almost any other local media outlet in Southern California-the media is full of reports of local and state plans to increase DUI enforcement for the holiday weekend.
DUI charges can bring significant consequences if the case results in a conviction. It is also important to note that a person can lose the privilege to drive, even before the criminal charges may be handled.
The law only allows a brief amount of time to request a DMV hearing to challenge a license suspension after a DUI arrest. An experienced Los Angeles area DUI defense and DMV hearing lawyer can assist a person accused of DUI--and who acts promptly--to navigate the criminal and administrative processes that can follow a DUI arrest
Sources:
Authorities have now released results from the blood alcohol test that was conducted on the night of the assemblyman's DUI arrest. Authorities claim that the blood test results showed that the California lawmaker had a blood alcohol concentration of 0.08 percent on March 27, the date of the traffic stop.
]]> The assemblyman says that he thought he was sober enough to legally drive after having dinner the night of the DUI arrest and that he looks "fully looking into the specifics of the test for more information."The allegations began when a Concord police officer claims to have seen the West Covina assemblyman weaving and not using his turn signals just after 2:00 a.m. March 27. The officer made a traffic stop and claimed to have observed some signs that the driver was allegedly under the influence of alcohol.
Police claim that the assemblyman refused a Breathalyzer test. The man was arrested on suspicion of DUI after field sobriety test and police drew a blood sample at the police station before booking the West Covina man into county jail. He was subsequently released.
The assemblyman reportedly was driving a state issued vehicle in March and has reportedly voluntarily given up his state car privileges after he drove the state issued vehicle outside of Sacramento, apparently in violation of the state rules. That alleged issue is essentially unrelated to the DUI case.
The state vehilce privilege applies to the man as a state assembly member and is not apparently related to any driver's license issue in the DUI case or a DUI loss of license DMV hearing.
Investigators have apparently asked prosecutors to pursue misdemeanor DUI charges against the Assemblyman from West Covina.
Source: Chico Enterprise-Record, "SoCal assemblyman apologizes after blood test reveals he was drunk during Concord stop," Robert Salonga-Contra Costa Times, April 25, 2012
]]>When realignment went into effect on October 1, the law mandated that offenders convicted of a variety of non-violent, non-serious, non-sexually oriented offenses serve their time in county facilities to reduce overcrowding in state prisons. The so-called "nons," or "N3s," generally include many California DUI felony offenses (among other N3s) and under realignment, qualifying felony offenders are also supervised by county probation officers instead of state parole agents.
]]> County officials in some areas across the state have raised concerns that the law is shifting the overcrowding to county jails and over burdening county probation officers as more people are shifted to county supervision under realignment.Riverside County Supervisors had voiced their concerns after a report in February indicated that county jails were never designed for the types of extended sentences that an inmate may serve in county jail under realignment. The recent Senate proposal seeks to cap the length of a realignment sentence that can be served in a county jail at 36 months.
The California department of Corrections and Rehabilitation says that between June 2011 and December 2011, roughly 11,000 inmates left state custody and the report indicates that the reduction can largely be attributed to realignment. The state is required to reduce its overall state prison population due to serious overcrowding.
Meanwhile, the state is under a federal court order that requires a bed to each inmate and sheriff's officials in counties across the state say that they must release low-level offenders early from county jails when the maximum capacity of the jail is reached. The Senate bill seeks to reduce the number of long-term non-violent and non-serious sentences that can be served at the county level under realignment.
Source: Murrieta Patch, "Supervisors Support Bill to Prevent Jail Overcrowding," April 24, 2012
]]>Law enforcement claims that the police car was lit up with its flashers to alert traffic of its presence. The deputies apparently had stepped out of the police cruiser before the crash reportedly occurred. Authorities say that the Sheriff's vehicle was pushed into the car that had originally been stopped for an undisclosed traffic investigation.
]]> A passenger in the stopped vehicle reportedly suffered hip pain. Emergency responders from the county Fire Department treated the passenger, who was reportedly later taken to the hospital for further evaluation. The patrol vehicle reportedly sustained heavy damage when it was sandwiched in the incident.Although a person suspected of any crime has the right to remain silent when dealing with the police and does not have to answer questions from law enforcement about an alleged offense without the advice of legal counsel, LA deputies claim that the Buena Vista woman admitted having consumed alcohol. Few other details have been reported in the public media concerning the incident.
Authorities say that the Buena Vista woman was transported to jail on suspicion of felony drunk driving after the crash.
Source: Los Angeles Times, "Suspected drunk driver crashes into parked sheriff's cruiser," Jean Merl, April 21, 2012
]]>Fullerton is seeking state grant money to increase its enforcement of underage drinking laws in the city. Similarly, Newport Beach ranked high for car accidents associated with alcohol and that city reportedly intends to focus on increased DUI enforcement, especially through an increase in DUI saturation patrols.
The traffic safety office released data from 2010 in car accidents that could be linked to any amount of alcohol, even if the readings returned a result of 0.01 percent BAC. What many Californians may not understand, is that the existence of a presumption of impairment based upon a 0.08 percent alcohol reading in the law does not necessarily mean that prosecutors may not seek DUI charges with a lesser reading.
]]> Most Californians are aware that the legal limit to drive is set at 0.08 percent blood alcohol concentration for adults. The state sets a different standard for underage drivers who are not allowed to consume alcohol even when not driving under the law.While the state has a zero tolerance policy for underage drivers in relation to alcohol and underage DUI offenses, many Californians are not aware that prosecutors can seek DUI charges against an adult who registers less than a 0.08 percent reading in an alcohol test.
There are two separate avenues available to prosecutors to pursue DUI charges. One involves evidence of impairment from alcohol or drugs based essentially on the conduct of a suspected DUI driver. While it may not happen often, authorities can seek DUI charges based upon an officer's belief that a driver was under the influence when driving.
A provision of the California Penal Code, under section 23152 (a) 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, according to the California Department of Motor Vehicles. Obviously, the provision does not include a BAC level.
Anyone in the LA area charged with DUI, whether based upon alcohol, drugs, or a combination of alcohol and drugs, has the right to challenge the state's allegations in court.
An experienced DUI defense lawyer can assist a motorists accused of the serious charges in navigating both the criminal court system and any associated DMV hearing that a driver can request to protect his or her privilege to drive. But it is vital to act promptly in requesting a DMV hearing as the law provides only a short window of opportunity to make the request after a DUI arrest.
Source: The Daily Titan, "OC cities among worst in state in alcohol-related crashes," Sheila Del Cid, April 19, 2012
]]>Brown was not required to appear personally for the arraignment on the misdemeanor DUI charges. Brown's attorney appeared on his behalf and pled not guilty on all three misdemeanor charges, according to prosecutors.
Brown reportedly has no prior DUI offenses in California. Nonetheless, the judge imposed a pre-trial restriction upon the singer that he could not consume any amount of alcohol during his pre-trial release. The prosecutor reportedly argued that Brown has a past history of substance abuse. The prosecutor has been quoted as admitting that the alleged substance abuse may be dated, saying, "Even though it may not be current, (the restriction is) probably not a bad idea for public safety."
]]> The judge kept the absolute restriction against alcohol use in place, stating that "It is a standard condition in this court when a defendant has this type of profile," as, at least part, of the basis to impose the alcohol restriction while the DUI charges remain pending.The DUI allegations arose after a traffic stop conducted after a police officer claims to have observed Brown talking on a cellphone while driving in Van Nuys. Police claim that the singer failed a field sobriety test and later blew a 0.12 reading on a breath test.
Brown faces up to a year in jail on the misdemeanor charges. A pre-trial hearing is scheduled for May 16 in the DUI and driving on a suspended license case against the ex-husband of the late Whitney Houston.
Source: New York Daily News, "Bobby Brown pleads not guilty in DUI case: Whitney Houston's ex-husband ordered to stay sober until next court hearing," Nancy Dillon, April 16, 2012
]]>Six people were reportedly in the Honda. Authorities say that the car slammed into a tractor-trailer parked near a construction zone on the eastbound 10 Freeway. All six occupants of the Honda required hospitalization after the accident.
At least one of the passengers, a 17-year-old suffered a broken neck and is reportedly in critical condition. The CHP claims that the man accused of driving the Honda performed poorly on a field sobriety test after being involved in the wreck. Authorities arrested the young man on suspicion of DUI.
]]> News reports indicate that all six occupants of the vehicle are under the age of 21. The CHP says more people may face charges in the future, suggesting a law enforcement suspects that other underage persons may have been under the influence and could face underage drinking charges.It is unclear from media reports what level of offense the CHP believes the man accused of driving may eventually face. California law has a zero tolerance policy related to alleged underage drinking and driving offenses. The typical legal limit of 0.08 percent under California's DUI laws does not have to be met for an underage person to potentially face consequences for underage drinking and driving.
However, the existence of a separate standard, essentially a 0.01 percent alcohol level in underage DUI cases, does not eliminate exposure to the regular standards associated with DUI laws in California. Generally, prosecutors can seek felony-level DUI charges against a driver accused of being in a car accident involving injuries. Sentencing enhancements can also be tacked on based upon evidence of great bodily injury in a DUI case.
Any DUI charge can carry significant consequences, but in cases alleging potential felony level DUI offenses, the stakes are significantly higher. It is generally important to speak with experienced legal counsel when facing any level of DUI allegations.
Source: Los Angeles Times, "Alleged drunk driver crashes into Caltrans construction zone," KTLA News, April 11, 2012
]]>The man accused of causing the crash reportedly denies that claim, asserting that the tanker truck driver swerved into his car. The trucker has a different story, and blames the Glendale man of running into the rig. Thankfully neither driver involved in the accident was injured, according to media accounts.
After the fiery accident, matters became more complicated for the Glendale man as police claim that he was driving under the influence when the accident occurred. Few details have been released concerning what led law enforcement to believe the Glendale man was under the influence at the time of the crash--thankfully, criminal charges are not tried in the media.
]]> Prosecutors have not filed formal charges against the Glendale man, according to the Glendale News Press. However, Glendale police reportedly took the man into custody early Sunday after the crash on suspicion of DUI. He reportedly was booked into jail around 1:45 a.m. Sunday, and was released around noon Sunday on $5,000 bond.A court date has been scheduled June 11 in Los Angeles Superior Court, according to Glendale police.
An arrest for DUI charges can have many direct and indirect consequences. It is important to note that an arrest alone does not carry any level of guilt. Our system of justice presumes innocence unless and until the prosecutor proves otherwise in a court of law in any criminal matter.
DUI cases in California, however, are more complicated in the types of collateral matters that arise. It is important to know that DMV hearings to challenge an automatic license suspension or revocation tied to a DUI arrest are not directly tied to the criminal case.
A person generally must request the DMV hearing within 10 days of a DUI to maintain the right to challenge the suspension or revocation. Different standards also apply in a DMV hearing. It is important for anyone accused of DUI in the Los Angeles area to consider speaking with a seasoned DUI defense attorney as soon as possible after an incident to learn what steps may need to be taken to preserve all rights under the complex California DUI laws.
Sources: Glendale News-Press, "Glendale motorist out on bail following freeway fire," Veronica Rocha, April 9, 2012
]]>The Los Angeles Police Chief says under the new rules, a driver may be able to avoid having the vehicle impounded if the motorist has a valid identification card. The police chief says that acceptable IDS may include an employment or military ID, or a Matricula Consular card.
However, other factors are included in whether or not Los Angeles Police will impound a vehicle at a traffic stop involving some form of alleged driving offense. The LAPD says that motorists who have caused an accident, or have a prior misdemeanor, or no current proof of insurance and are found without a valid license may be able to reduce the amount of time the car is held in impound.
]]> The LAPD says when the controversial impound rules go into effect, the car will be taken to the impound lot. If all four criteria involving identification, insurance and no priors or accidents are met, then the car may be released from impound to a licensed driver after paying a fee and towing charges, without waiting 30 days.The LAPD says that a motorist may avoid the bulk of charges that accumulate during the 30 impound period, but the cost will reportedly still be steep-estimated at nearly $270 to start.
Whether or not the Los Angeles rule change will result in any real-world change remains suspect. The Los Angeles Police Chief admits that he does not know how unlicensed drivers could satisfy the car insurance provision of the LA car impound rules, as in California, the largest insurers reportedly do not write car insurance policies for unlicensed drivers.
Despite the new statewide rules governing impounding vehicles at DUI checkpoints, news reports show that law enforcement agencies across the state continue to impound cars at the checkpoints. The statewide law only bans a 30-day impound at a sobriety checkpoint if the only alleged offense is that the driver does not have a valid license.
The statewide law only applies at DUI checkpoints and does not apply to a revoked or suspended license offense discovered at a DUI checkpoint.
Source: Los Angeles Daily News, "LAPD chief's controversial impound policy to start in 3 weeks," Susan Abram, April 2, 2012
]]>Oceanside Police claim the accused had intentionally been trying to cause his Mustang to fishtail and spin out on South Coast Highway during the early morning hours of St. Patrick's Day. Police assert that the Mustang eventually slid off the roadway, crashing into a palm tree, just before 1:00 a.m.
]]> Law enforcement says that a second Marine was riding as a passenger in the Mustang when the car slammed into the tree. The passenger reportedly died sometime after being taken to a hospital in La Jolla. The 24-year-old North Carolina man who Oceanside Police accuse of driving the Mustang was also taken to the same hospital, where he spent several days receiving medical treatment.Oceanside Police arrested the man upon his release from the hospital on the Tuesday following the crash, and bail was originally set at $100,000, according to the U-T San Diego. The man appeared in court last week to enter his not guilty pleas to serious DUI charges; the judge set bail at $1 million, according to KGTV San Diego. The judge reportedly scheduled a readiness conference in the felony DUI and manslaughter case for today at the Vista Courthouse.
The complete details of any of the allegations remain sketchy in the media. But, it is vitally important to remember that criminal cases in this country are not to be tried in the media, but in the nation's courts. The Marine, like any other person accused of a crime in Southern California, has the right to a complete defense in a court of law.
Sources:
KGTV San Diego, "Man Pleads Not Guilty in Drunk Driving Death," Mar. 22, 2012
The U-T San Diego, "Marine arrested after passenger's crash death," Pauline Repard, Mar. 21, 2012
]]>The measure purports to prohibit driving under the influence of pot, but as critics contend, the measure does not require that a person be under the effects of pot at any time near the alleged offense. Many critics say that it would be like prohibiting a person from driving for as long as a month after drinking a glass of wine with dinner.
Among the recent critics are a group of California criminal justice professionals. A retired deputy chief of police with the Los Angeles Police Department bluntly states that the "bill has no basis in science."
]]> He says that if the measure were to pass and become law, it "would impede public safety for all Californians by distracting police from catching actually dangerous drivers." The comments were made surrounding a letter from California police officers, prosecutors and judges that calls for the immediate withdrawal of the proposed bill.The letter states that, if passed, the bill will conceivably "become the foundation for DUI checkpoint abuses where the answer to the simple question, 'are you a legal medical cannabis patient?' will result in arrest and conviction under circumstances where impaired driving never occurred." Ten retired criminal justice professionals, including former members of law enforcement, prosecutors and judges, signed the letter.
The letter acknowledges that California law currently prohibits driving under the influence of controlled substances upon proof of impairment. The cops, judges and prosecutors essentially say that the overused and clichéd use of the concept zero tolerance is misapplied in the context of how the body metabolizes pot.
The letter says that the bill has significant flaws that allow prosecution for alleged DUI offenses without proving impairment or intoxication. The letter further states that medical marijuana patients may be exposed to significant unfair consequences from the bill.
The professionals say that a medical marijuana patient could be convicted of DUI without ever driving impaired, "And if it happens to the same patient on three occasions, they will face a mandatory ten-year prison sentence, all while still being innocent."
The letter, dated March 27, was addressed to the Chino assemblywoman who introduced the measure February 24. The measure reportedly has been referred to the Assembly Committee on Public Safety.
Source: Salem News, "Cops And Judges Ask California Legislator to Withdraw Marijuana DUI Bill," Mar. 27, 2012
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