California Criminal Defense Attorney Blog

According to Popeater.com, 'Melrose Place' actress Amy Locane-Bovenizer has been charged with vehicular homicide following a wine-fueled crash Sunday night in Montgomery, New Jersey. The website reports that the accident resulted in one woman being killed and a man in critical condition.

Apparently the actress best known for her role in “Melrose Place” was involved in a hit-and-run collision in Princeton, N.J. while driving her 2007 Chevy Tahoe. The crash sent the driver of the other vehicle to hospital and resulted in the death of the passenger whose side the actress crashed into. After apparently committing a hit and run by leaving the scene of the accident Locane-Bovenizer rear-ended a different vehicle and fled the scene of that accident as well. It was the driver of the second vehicle that followed her and called the police. According to the website the police at the scene smelled alcohol on the actresses breath and her eyes were bloodshot, both signs of intoxication. Locane-Bovenizer has been charged with second-degree vehicular homicide and third-degree assault by automobile. At her arraignment on Monday afternoon, Superior Court Judge Robert Reed set her bail at $50,000.

Our Orange County DUI attorneys bring a wealth of experience to every DUI case we handle. Those cases that involve an accident, injury and death obviously are the most serious DUI cases one can face. Our DUI with injury attorneys have handled many cases in which the allegation is that our client while under the influence has caused an injury to another person. In these cases we know full well that the district attorney must establish not only that our client was under the influence BUT also that he or she violated another law as well. See Penal Code Section 23153. This is a step that in many cases gives the prosecutors the most trouble. Call us today and consult with our Orange County DUI attorneys for a free consultation.

A former Anaheim police officer who has had three DUI convictions was recently sentenced to ten (10) months in county jail by a judge in Orange County's West Court located in Westminster Orange County. The former law enforcement official, Kevin Noel Schlueter, was also sentenced to five years of probation and is required to serve six months in a residential drug treatment facility as well. According to the prosecutors from the Orange County District Attorneys office the defendant under the influence of a cocktail of prescription drugs when he nearly crashed into a CHP cruiser in March of 2009, and smashed through a fence January of 2010 and crashed into parked cars in March of 2002. The drugs involved were hydrocodone, hydromorphone and carisoprodol.

Orange County DUI attorneys of Criminal Defense Team, have successfully handled many similar cases for our clients in Westminster court and other local courts. Our DUI attorneys know that in order to receive a favorable sentence the court and the DA must be presented with evidence about such topics as : defendants background, his/her efforts to quite the drugs/alcohol involved, defendants openness to treatment, etc.

We have also handled many cases in which our client has been accused of violation of Vehicle Code Section 23153, commonly referred to as DUI with injury. Many times if the injuries are serious, prosecutors can allege GBI enhancements as well. Whats important is that the DUI with injury attorneys try to establish that although the facts may be there for a simple DUI the prosecutors cannot establish violation of a separate statute which is required for DUI with injury conviction.

Call our office at 888-529-2188 for a free consult or learn more about what our Orange County DUI lawyers, and Newport Beach DUI attorneys can do for you.

According to the Orange County Register, Costa Mesa Police Department in Orange County arrested five people on suspicion of drunken driving a violation of Vehicle Code Section 23152, and issued eight citations during checkpoint stops. Orange County DUI attorneys of our office are quite familiar with cases involving checkpoints. The checkpoint in question was funded by a grant from the California office of the Traffic Safety, through National Highway Traffic Administration. The U.S. Supreme Court has previously ruled that DUI (sobriety) checkpoints are legal and not a violation of the drivers’ Fourth Amendment protections. In its ruling the Court acknowledged that DUI roadblocks violate a fundamental constitutional right; however, the court reasoned that they were justified because the state’s interest in reducing drunk driving and preventing death or injury was outweighed the individual’s right. An experienced Riverside DUI attorney can still help those accused of violating the law by making sure that there compliance with not only 4th amendment rights, but also with rules related to the testing of blood, urine or breath and DMV proceedings.

Arnold Schwarzenegger recently signed a new law that that dramatically shortens the period of time that must pass before a person convicted of a second DUI or a third DUI offense may apply to have his or her driver's license suspension modified to restricted status. Those with a restricted license are allowed to drive to and from work and to and from a court ordered alcohol or DUI program (hence “to and from license”).

Prior to SB 598, anyone convicted of a second-time DUI must serve at least 12 months of a two-year license suspension before applying for restricted status. The new law shortens the 12-month period to 90 days.

Similarly, a person convicted of a third-time DUI would lose his or her license completely for at least 12 months before he/she could apply to reduce the three year suspension. Now third time offenders only have to wait 6 months.

Those hoping to take advantage of this new law must agree to install an ignition interlock device (IID) and any vehicle owned by him/her.

If you have suffered your Second or Third DUI arrest or conviction contact Orange County DUI attorneys of Criminal Defense Team so that we may explain the ramifications of this new and whether it will be of any help to you. However, you should know that this law does not take effect until Summer of 2010 and the question remains whether it only applies to suspensions past that date or anyone suspended prior can take advantage of it as well.

A U.S. Supreme Court ruling on Tuesday, Oct. 20, 2009 puts to question the legal authority of a police officer's authority to pull over a suspected drunk driver based solely on a tip from a caller to law enforcement.

Over the dissent of Chief Justice Roberts, Supreme Court let stand a Virginia Supreme Court ruling that a police officer can follow but cannot stop a suspected drunk driver's car until the officer observes the driver doing something suspicious, such as swerving into another lane.

According to Los Angeles Times this case is expected to open the door for further legal challenges to police stops that are prompted solely by a called-in tip from another driver. Many states have upheld car searches prompted by a called-in tip, as long as the vehicle matches the description given, the L.A. Times reported. Mothers Against Drunk Driving was behind the appeal to the U.S Supreme Court.

This case is particularly interesting to me as a friend recently was cited by an officer who did not even observe him drive. In this particular case, the driver was on a freeway and after he exited to get gas he was approached by a plain clothes detective who claimed that the driver was going 90 on the freeway. The detective then called for a unit to come all the way to where they were to cite the driver. This even though the officer who cited the driver had not even observed him drive or get out of the vehicle.

I consider this kind of practice to be a complete abuse of authority and the recent Supreme Court case ( although it deals with DUI stops) may help reign in “rouge” officials. Our Orange County DUI defense attorney have encountered many DUI cases which were initiated with call-in tips from people who may not have been completely truthful when calling the police. With this new ruling our Newport Beach DUI attorneys can now have a new tool to counter the District Attorney’s office.