California’s three strikes laws have been extremely controversial, often punishing people harshly and out of proportion for an offense or mistake that seems relatively minor. But some cases, like a recent conviction for a DUI murder, by a career criminal is not likely to  be one of those controversial cases.

One man, who is said to have had a long criminal history, won’t be able to rack up any more charges for quite sometime, according to the Sacramento Bee. The Bee reports that this man, convicted of second degree murder, will be sentenced next month. The sentence for this charge is typically 15 years to life, but this defendant’s criminal history serves to dramatically change that.

The defendant will be sentenced under California’s notorious Three Strikes law. The Bee reports his sentence, therefore is more likely to be somewhere between 30 years and a life sentence. His prior convictions of felony burglary, drug possession, and possession of a firearm will bolster his punishment.

The Three Strikes law has gotten negative publicity over the years for incarcerating nonviolent criminals to lengthy and potentially ill fitting sentences. This one, however, is likely to pass society’s litmus test as a young woman’s life was cut short in this tragic accident.

The victim was a 30 year old woman who had aspirations of teaching college English. Her family, and so many others like them, hoped to watch her grow old and blossom. But like her brother said: “She was a flower who was picked before her time.”

The results of this case may have been drastically different if the defendant had no criminal history. If this was his first offense and he had no prior run ins with the law, no addiction or alcoholic history, he may have faced a far less serious charge and a far more lenient sentence.

Your criminal history plays a big role at sentencing, even when the Three Strikes Laws don’t apply.

Typically, a judge used a presentence investigation to determine your sentence. The report from this investigation tells the judge all about your history, your ties to the community, and your potential success or failure on probation.

Having an aggressive defense attorney on your side from your arraignment to your sentencing date can ensure the judge is being made aware of the positive aspects of your life. I won’t let them trash your name in court.

Whether you are facing charges as serious as a DUI influenced accident or as simple as drug possession, I can help. Contact me today to discuss the details of your case.

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Starting on July 1st, 4 California counties begin a tough pilot program that requires an ignition interlock device for any driver convicted of a single DUI.The Fresno Bee reports that the counties are Tulare, Sacramento, Los Angeles and Alameda, which will join Arizona, Illinois, and a number of other states in enforcing the toughest restrictions on convicted drunk drivers.

Ingition interlock devices prevent a car’s ignition from starting unless a clean breath sample is provided. It is often called a “rolling breathalyzer”. Typically the threshold is set to a very low number, such as .02% BAC, which can be triggered by consuming one drink or less. The legal limit for intoxication is .08% BAC (Blood alcohol content).

The offenders will be required to keep and maintain these systems in their cars for at least 5 months. The cost for the operation and maintenance of the ignition interlock includes and installation fee, and monthly monitoring fees.

Controversies over the program include complaints from restaurant and beverage associations that it unfairly targets and inconveniences people who made a one time mistake. The American Beverage Association supports interlock programs for High BAC offenders (.15%) which is more correlated with chronic alcoholics and multiple DUI offenders.

If it is declared a success, the interlock  pilot program is expected to gradually expand to all California counties over the next several years.

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In an extreme, though not unusual enough case, a Redlands man is predicted to be facing serious charges in a police chase that ended with the death of a CHP trooper. The twenty year old is reportedly being held in San Bernardino County on suspicion of homicide and a slew of additional charges.

According to the San Bernardino Sun the man may also face charges of evading a police officer, DUI, and vehicle theft. They state he was driving a stolen car, fleeing from police, when the trooper’s vehicle slammed into a tractor trailer, killing the officer on impact.

What began as a foolish decision to drive drunk, ended in tragedy. Unfortunately, this is often how it goes with serious charges like this: one criminal violation leads to another and another before something tragic happens to stop the chain of events.

There’s no doubt in my mind that the defendant likely feels remorse. He probably wishes he would have never driven drunk, never got behind the wheel of a stolen car, and certainly never tried to get away from the police. Now, however, he faces a string of serious criminal charges and a potential lengthy, possibly even life, sentence.

When police chases occur it is usually the result of panic. Whether you are driving without a license or insurance, or if you are intoxicated—when you see those lights in the rear view, your initial reaction is to panic. That split second before you begin to slow down, a decision is made. This particular suspect made the decision to try and get away.

Whether you are drunk or simply driving recklessly, when the police try to pull you over, the best decision to make (for everyone involved) is to pull over. If you don’t, they will catch you and you will face additional charges.

Not all driving offenses are a simple ticket. Reckless driving, DUI, and extremely aggressive driving, are all serious criminal offenses that require the assistance of a local defense lawyer. Perhaps you have an explanation but feel like no one has taken the time to listen—I will.

As your defense lawyer, it’s my job to listen to what you have to say; explain your options to you; and represent you in court. Contact us today to discuss your case and see how I can help.

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Memorial Day weekend is upon us, and there will be “sobriety checkpoints”, also known as DUI roadblocks, out in many California cities and towns. There has always been a significant question about whether these roadblocks are an effective use of police manpower when if comes to keeping our roads safe.

As this op-ed in the Daily News suggests, these checkpoints are unlikely to catch chronic drunk drivers, who know to avoid these traps. They more often ensnare the average person who may have had a drink or two, and is perhaps just over, or even under the legal BAC limit, but may “fail” the so-called field sobriety test, as 1/3 of all people cannot perform balancing acts under threat of arrest.

Many law enforcement experts argue that roving patrols, out looking for dangerous and swerving drivers are a much better use of limited police resources than efforts to stop every driver at a certain location.

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This summer, four California counties will take place in a pilot program for first time DUI offenders. The goal of this program is to see how the installation of ignition interlock devices prevent first time DUI’s and second offense DUI’s.

According to the language of AB91 this pilot program will only be instated in Los Angeles, Alameda, Sacramento, and Tulare counties. The program will go into effect on July 1, 2010 and is anticipated to last until January 1, 2016.

Under current California law, ignition interlock devices (IIDs) are only installed after a first-time DUI when the offender’s blood alcohol content is over .15%. This new program will require it be installed on all first time DUI convictions.

An ignition interlock device is simply a lock placed on your car, preventing it from starting until a breath test is taken. The idea is to prevent people convicted of DUI from getting behind the wheel after drinking. More than just that, however, the devices are an extreme inconvenience, simply adding to the headache that is a DUI conviction.

AB91 will apply to all first time DUI convictions in these four counties. People who are convicted and then issued a restricted license or reissued their license after a period of suspension would also be affected. The bill requires the manufacturers and technicians of the devices to adopt a flexible fee schedule, allowing offenders to pay according to their ability.

Although this pilot program only affects four counties, it will make things extremely difficult for DUI convicts in those counties. When you consider how long maintenance and installation on an IID already takes, imagine if every DUI conviction required the equipment. This is somewhat of an extreme measure to put on first time offenders.

Interestingly, part of AB91 not getting a lot of attention is the language that requires makers of the ignition interlock devices to report incidences of false positives to the Department of Motor Vehicles. This aspect could play a crucial role in the defense of repeat DUI offenses when an IID is installed.

If you are facing charges of DUI, whether it’s your first or your fifth charge, I can help. The laws surrounding offenses like this can be confusing and overwhelming, particularly when things like this stand to muddle things from county to county.

Contact our defense lawyers today for assistance on your DUI case. Together we can look at the charges against you and develop a plan of action.

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In this report from the New York Times, a closer look at California DUI checkpoints reveals they are more likely to catch an unlicensed driver than someone driving under the influence. Driving without a license is a traffic offense that will get your vehicle impounded for 30 days, a far less harsh penalty than those seen by DUI suspects.

Depending on where the checkpoint is, the number of cars impounded for every DUI increases significantly. Though the checkpoints are designed to catch dunk drivers, in theory, the NY Times article suggests the cops are setting up shop where they know impounds will be high.

In Daly City cops impounded 39.5 cars due to no licensed driver for every 1 DUI. In San Rafael that number was 18.6 per every DUI. In several cities around L.A. the average is 20 cars impounded for every DUI arrest at a DUI checkpoint.

The legality of California’s 30-day impoundment law is in question and will be argued this year in from of the U.S. Court of Appeals. Considering California police impounded 24,000 vehicles at DUI checkpoints last year, a ruling against the law could mean far less work for tow companies and city impound lots in years to come.

Despite the DUI numbers being low when compared with impound numbers, DUI checkpoints have resulted in many arrests over the past few years, arrests based on people being under the influence and suspected of DUI. The penalties for a DUI are far harsher than being caught without a license, as this offense is criminal.

A first time DUI charge in California will likely cost jail time, fines, DUI school driver’s license suspension, and court probation. If this is your second or greater offense, those penalties increase.

When facing charges like this it’s important you have an experienced advocate on your side. When the cops stop you at a DUI checkpoint there are limits to what they can arrest you for. If you are facing criminal charges as a result of one of these checkpoints or if you are accused of DUI, call our defense lawyers today.

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Fifty-seven year old Daniel Howell of Joshua Tree now faces charges including felony hit and run, vehicular manslaughter, and DUI after careening off the road, hitting Alberto Jose Serejo, and leaving the scene.

Serejo, a famed fashion photographer, was struck and killed while shooting photos in front of the Joshua Tree Inn. Howell was not caught until he crashed into a vehicle several miles down the road.

Serejo was 51 years old, a Brazil native, and resident of Denmark. The photoshoot was taking place in front of the famed hotel where the model was able to get out of the path of the vehicle in time but Serejo was not as lucky. He died at the scene.

Howell is suspected of being under the influence of prescription drugs and inhalants, not the common reason for a DUI. Typically, when we think of DUI charges we assume they involve alcohol. This, however, is not always the case.

Under California law, you can be charged with DUI if you are found to be impaired while under the influence, leading you to be unable to drive as well as someone who is sober. This applies to alcohol intoxication or drugs and can even apply if you are taking drugs that are prescribed by your physician.

Although Howell is facing very serious charges including felony hit and run charges, the more common DUI cases are luckily not as serious.

DUI cases happen daily in our state. People off all types get charged with DUIs. Just because you are facing criminal charges doesn’t make you a thug or a low life. Everyone makes mistakes and dealing with the reprucussions can be stressful.

If you are facing DUI charges or charges of leaving the scene of an accident, I can help. Contact me for free legal advice and a consultation on your case.

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The California State Assembly unanimously passed a bill to initiate a program to require an ignition interlock device in the car of anyone convicted of any DUI offense.  The bill goes to the Governor’s desk for signature.

If signed by Governor Schwarzenegger, starting next July in Alameda, Los Angeles, Sacramento and Tulare counties, anyone convicted of a drunk driving/DUI (driving under the influence) offense will be required to get one of these interlock devices installed in his or her vehicle as a condition of driver’s license reinstatement. The program will likely expand and cover all California counties and criminal court jurisdictions when the pilot program ends in 2016.

The ignition interlock device is a small machine that functions as a mobile breathalyzer in your vehicle. The driver must blow into the device before the ignition will start. If the system detects a level of alcohol above the threshold (typically .02% BAC, or one drink for most people), the device locks out the ability to start the car, and logs a failure which can result in additional penalties.

Under existing California DUI laws, ignition interlock devices are part of a 1st offense DUI sentence at a judges discretion. Judges are allowed to determine whether the person appears to be a threat to public safely and is likely to drive while impaired again. If a person has a history of alcohol abuse, or was arrested with a high BAC level when tested, such as .15% or above, many judges are likely to add the interlock penalty to a guilty finding.

The discretion allows average citizens who may have made a one time mistake, and barely exceeded the legal limit the ability to avoid this significant inconvenience. For some people who drive for a living with vehicles they don’t own, an interlock requirement means they can’t work, since it may be impossible or impractical for a device to be installed in a company vehicle.

The required duration of the interlock installation would be 5 months in 1st offense cases with no injury or accident. The device costs around $100 to install, and $50-$75/month in maintenance fees, both of which the driver is responsible for.

For more information on a California DUI charge, contact our attorneys for a free consultation on your arrest. We’ll discuss defense options and how we can fight your case and work to preserve your driver’s license.

—

Reports also in the LA Times, San Francisco Chronicle, and KGO-TV.

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It is an open question whether roadside sobriety checkpoints, also known as DUI roadblocks, are an effective use of police resources in stopping drunk drivers.

DUI roadblocks are pre-announced events where police details stop drivers and check for driver impairment or other problems. Under California law, there are strict procedures for allowing these checkpoints. They must be announced in advance, and drivers must be selected to be stopped in a completely unbiased way.

photo credit: versageek

Critics of these roadblocks like the American Beverage Institute, a restaurant industry lobbying group, point to evidence that these details are costly, inefficient, and a poor use of resources compared to roving police patrols. The rate of people actually found to be drunk via these checkpoints is incredibly tiny.

And that makes a lot of sense, logically. Should police be spending their time selected people to stop at random, or should they be out aggressively patrolling, looking for suspicious and dangerous driving activity that may be evidence of impairment and drunk driving.

But the police roadblocks are popular with MADD and some citizens who favor aggressive police tactics, whether or not they are efficient at their stated purpose.

Police patrol-hours are a limited resource. In principle, everyone probably agrees that police should be doing the most productive activity they can, to protect public safety. And there really is ample evidence to suggest that stopping people at random looking for violations is not very useful compared to other activities, like active patrolling.

But it is a legitimate question as to why lobbyists in the alcohol-serving industry would be inclined to spend time and effort protesting these DUI checkpoints nationwide. And why federal money is often used to pay for these efforts.

The answer to both may be that these roadblocks serve as a deterrent to drunk drivers. Knowing that the roadblocks are regularly deployed in certain areas may have the effect of making people more careful about their alcohol consumption if they know they are driving home.

And less alcohol served is bad for business for the American Beverage Institute’s clients.

It is always hard to measure a deterrent. To measure the cause of something that didn’t happen, you have to somehow isolate and account for any other causes or influences other that the one you are trying to measure.

But given the interest in DUI roadblocks from all sides, it is reasonable to guess that both law enforcement and the alcohol-entertainment industry suspect they are a deterrent to drinking and drunk driving.

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The high court of California ruled this week that people charged with DUI can challenge evidence from breathalyzer tests. Because many DUI cases are built on the evidence from these often unreliable machines, this is great news, and presents important new opportunities in court, and giving DUI defendants a fair shake.

When building a DUI defense, a defense attorney looks at all of the aspects of your arrest. Often the prosecution’s entire case is built on the results of a breath test. While field sobriety tests and your driving behavior can also come into play, the breath test result can be a “nail in the coffin” for a DUI case. But now, that evidence and the supposed infallibility of this magic number can be challenged.

Challenging the results of a breath test, if done effectively, may allow a defendant to get a plea deal that wasn’t formerly possible or may even result in getting the charges dropped.

Breathalyzers are small machines used by police to determine your blood alcohol level. In California the legal blood alcohol limit is .08%. If your breath tests results are greater than this, there is near certainty that you will be charged with DUI.

Unfortunately, these breathalyzers are known to often be inaccurate. A slight error in the computer, or in the underlying assumptions in the testing can throw all of the results off. In addition, as this report from the LA Times points out, things like gender, body temperature, and medical conditions can also skew the results.

In California, DUI charges are to be taken very seriously. If you are facing such charges or have ever been in front of a judge for a DUI you know what I mean. This type of criminal charge may be common but it is far from simple.

When arrested for DUI you will lose your license and you only have 10 days to contest this suspension. In addition, if you are found guilty, you will face jail time, fines, and possibly court probation. The penalties for a DUI 2nd offense are even greater.

If you have reason to believe that the breath test results were incorrect in your case or even if you know you were intoxicated and aren’t sure where to turn, I may be able to help. I will evaluate your case with you and together we can formulate the best defense strategy for you.

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