Recent Blog Posts in December 2009 |
| December 29, 2009 |
| Holiday DUI Arrests |
| Posted By Gold & Witham |
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According to media reports, holiday DUI arrests in Los Angeles County were up this year from the same period last year despite the fact that courts are increasingly handing out tougher sentences for DUI convictions.
More than 1,000 people were arrested for DUI in LA County during a week long campaign ending on Christmas Day, compared to 969 during the same period last year.
More anti-DUI efforts are likely over the New Year period which tends to be the busiest period for DUI law enforcement.
Many people arrested for DUI are surprised that they are over the limit when tested. It is common for people to misjudge their level of impairment and drive because they do not feel impaired. Many clients ask me what is a "safe" rate of alcohol consumption. The only way to be sure that you are not DUI is to refrain from drinking any alcohol and driving. It is simply not worth the risk. I once represented a client who was a lawyer. She had two glasses of wine and did not feel that this was in any way a problem for her in terms of her ability to drive safely. On her way home, she rear-ended a car driven by an elderly gentleman who suffered head injuries and nearly died. She had a blood alcohol level of .08%. She faced a felony prosecution, prison time and an end to her career as a lawyer. We were eventually able to negotiate a reduction to a misdemeanor DUI, thereby saving her career and avoiding state prison time, but this was a life changing experience for her and the victim. As a DUI lawyer in Los Angeles I want to achieve the best possible outcome for my client, but at the same time, I recognize the gravity of this offense and its potential impact on peoples lives.
With the above in mind, we at Gold and Witham wish our clients and readers of this blog a safe and arrest free New Year. |
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| December 21, 2009 |
| Diabetes and DUI Defense |
| Posted By Gold & Witham |
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Breath and blood alcohol analysis in DUI proceedings is based on various assumptions including an assumption that the defendant is an average person with an average physiology. Likewise, when a police officer is assessing a persons sobriety in the field prior to arrest, the police officer is comparing that persons objective symptoms of potential impairment to a "normal", healthy, average person.
However, DUI suspects sometimes suffer from physical or mental issues that may explain observed symptoms independant of alcohol consumption. One example is the effects of hypoglycemia. Typical symptoms of a diabetic attack can include dizziness, confusion, slurred speech and a loss of coordination. These symptoms can easily be attributed to alcohol impairment by a police officer who is focussed on a DUI arrest.
Even a healthy person who has not eaten for at least twenty four hours may exhibit these symptoms because of low blood sugar levels.
It is important for any DUI defense attorney to question a client about his or her health. The defendant may suffer from medical conditions which he or she does not necessarily know could be relevant to their case. Common medical conditions may have an impact on the defense of the case, such as asthma, acid reflux, old physical injuries, or dental issues.
DUI defense often involves the presentation of possible alternative explanations for the evidence presented by the prosecution. Circumstantial evidence such as slurred speech, red and watery eyes or unsteady gait can often be explained by reference to existing medical or physical attributes.
Los Angeles DUI Lawyers Jeffrey Gold and Nigel Witham have many years of experience in defending DUI charges in Southern California Courts. If you have any questions about DUI defense in California, please call for a free consultation. |
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| December 15, 2009 |
| Tough DUI Penalties in Harbor Justice Center |
| Posted By Gold & Witham |
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Defending DUI charges is difficult at the best of times, but can be very frustrating when options narrow and you are dealing with a District Attorneys Office in Orange County that is very inflexible and Judges who simply support DA policy.
I was in Harbor Justice Center yesterday for a client charged with a second DUI, while still in her first year of probation to Harbor Court on her first DUI. Penalties for a second time DUI in Orange County vary from 96 hours minimum county jail to one year maximum. Penalties for a probation violation on the first DUI vary from no jail time to six months in county jail. The maximum exposure was therefore one and a half years county jail. I had already conferenced the case with the arraignment court judge, Judge Biggs who had offered 90 days in county jail or 30 days jail plus a six month out patient treatment program. We had rejected that offer and entered a plea of not guilty. Yesterday, we were scheduled for pre-trial with Judge Robison. The judge was not receptive to argument and it became clear to me that I was not going to be able to persuade him to allow my client to perform alternatives to jail. He made it clear that he regarded SCRAM as a waste of time, and refused to give my client credit for the multiple AA meetings attended. He did offer to allow my client to perform her jail in Huntington Beach jail instead of county jail, but my client had run out of money and could not afford "private" jail.
The other option presented to my client was to request "DUI Court", whereby she would commit to a full year of out patient counseling and weekly attendance at court in return for the 96 hours minimum jail to be performed as home arrest. However, my clients work schedule was not flexible enough to accomodate the weekly meetings.
I feel that I make a difference to the outcome of the majority of cases and most of my clients are happy with my efforts at the end of the day. However, there are limits to what we can achieve sometimes in the harsh reality of defending DUI charges in Orange County. |
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| December 10, 2009 |
| Point of Arrest Breath Tests in Orange County |
| Posted By Gold & Witham |
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DUI defense attorneys in Los Angeles County generally advise their clients that they may legally refuse to submit to a pre-arrest breath test or preliminary alcohol screening device. This is generally good advice as the hand held breath machine is regarded as another field sobriety test rather than a chemical test to accurately determine a breath alcohol level. It is intended to assist the arresting officer in determining whether there is sufficient evidence to justify a DUI arrest. Infact, the police should advise a suspect that the test is a voluntary field sobriety test.
However, in Orange County, police agencies use the hand held breath machine both as a preliminary alcohol screening device and as a chemical test after an arrest. Although a suspect is entitled to refuse a breath test prior to arrest, after an arrest, the arrestee is required by law to submit to either a breath test or a blood test. If the arrestee in Orange county chooses a breath test, he or she may be required to immediately blow into the hand held breath machine at the scene of arrest.
The police must follow the normal breath testing protocols with the hand held breath machine as with the desktop machines used at police stations. This includes regular calibration, proper police training, the taking of duplicate samples with readings within .02 of each other and a continuous observation period of at least fifteen minutes immediately before the breath test.
If you have any questions concerning DUI procedures and defending a DUI in Orange County, please call Orange County DUI Lawyers Gold and Witham for a free consultation. |
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| December 02, 2009 |
| Beverly Hills DUI |
| Posted By Gold & Witham |
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I was in Beverly Hills Court last week for a client charged with a first time DUI with borderline evidence and a breath alcohol level of .09%. my client did not want to go to trial and just wanted to resolve the case in the best manner possible. I felt that the evidence justified a reduction down to a "dry" reckless or non alcohol related reckless driving, or an "exhibition of speed". However, following three pre-trials, it became apparent to me that the best possible result would be a "wet reckless" or alcohol related reckless driving. This was an offer that the young deputy district attorney gave me reluctantly and after a lot of difficult negotiating. The original position taken by the prosecutor was that he only offered reductions if the breath alcohol level was below .08%.
After taking the plea, the judge decided to lecture my client at length about the dangers of drinking and driving and how everyone with a BAC of .08% is impaired to drive. The judge went so far as to solicit a"promise" from my client to never drink any alcohol and drive again. The judge asked my client whether there was anyone in his life that cared about him (his mother was in court at the time) and asked how they would feel if he or another person was killed as a result of his drunk driving.
It is apparent from the above that DUI's are treated seriously by the Courts even when the evidence is borderline and charges are being reduced. Politics plays a big part in this ofcourse as judges and prosecutors tend to be judged on how they deal with DUI cases. Uppermost in their mind is what would happen to them if, having given a defendant a break, he goes out and kills someone while impaired. This is a judges worst nightmare.
I am often asked the question "Do I need an attorney?" It follows from the above, that even in "minor" DUI cases, it is always wise to seek representation from a qualified Los Angeles DUI lawyer. |
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| December 01, 2009 |
| Tweeting ends work furlough for fatal drunk driving accident. |
| Posted By Gold & Witham |
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According to a report in the Los Angeles Times today, "Pulp Fiction" Screenwriter Roger Avary will probably serve the rest of his sentence behind bars as a result of tweeting while subject to a work furlough program. Avery was given a one year jail sentence following a conviction for Gross Vehicular Manslaughter in Ventura. The incident involved a fatal road traffic accident in January 2008. Until last week, Avary was given the option of serving the jail sentence by work furlough which allowed him to work during the day.
However, the Times had earlier reported on tweets sent out by Avery about conditions in the program. A Ventura Sheriff's department spokesman indicated that Avery had been transferred to jail due to "security concerns", but that the tweets had played a part in the decision.
In Ventura, inmates who have a job, no prior convictions for a violent offense and are facing at least thirty days in jail, are often considered for work furlough. Inmates in the program live in military style barracks and are allowed to leave for work each day, reporting back at nights and at weekends. Los Angeles and Orange County Sheriff's departments do not run similar programs, although electronic home confinement or home arrest is still sometimes an option in these jurisdictions as an alternative to long jail sentences for DUI convictions.
At a time when penalties for DUI are increasing all the time, the original sentence given to Avery was lenient. He was given an additional break by being allowed to enter into the work furlough program. One senior deputy district attorney in Ventura commented on this to the Times and stated "The court gave him a break by sentencing him to 365 days in county jail and five years probation. Work furlough gave him an additional break. It is interesting that Mr. Avery could not do what was requred of him to stay out of trouble and stay out of county jail". |
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