DUI After Just One Drink?

More than one drink may soon be too much and could lead to a DUI arrest. As many know, the legal driving limit in California is a blood alcohol concentration (BAC) of less than 0.08%. This level was drastically lowered from 0.15% in the 1980s and may now be lowered again.

The National Transportation Safety Board (NTSB) has recommended that the limit be lowered to 0.05%. Although the NTSB has no authority to make changes itself, it is an influential agency, and can encourage lawmakers to make changes in their respective states, as well as provide financial incentives for states to adopt their suggestions.

Continue reading »

Mixing Booze With Diet Soda Increases BAC

We knew it wouldn’t be long until there would be a tie-in between drinking and dieting. For those of you watching your waistlines, you may want to be extra responsible when thinking about driving, especially if you are inclined to choose a sugar-free mixed drink.

The results are in: a recent study conducted by a cognitive psychologist at Northern Kentucky University shows that if you drink with a sugar-free mixer, your blood alcohol content (BAC) will actually be higher than if you consumed the same amount of alcohol with a sugar-sweetened mixer. We presume that the sweeter the drink, the greater the effect. Margaritas, which are heavily sweetened, can pack a much greater punch when consumed with a sugar-free mix.

Continue reading »

Fined For Adding Bling To An Ankle Bracelet

Home confinement is often an attractive alternative to doing jail time, but in some cases, making your ankle bracelet attractive carries its own punishment.

Rebecca Gallanagh was charged with the crime of public disorder for being involved in a fight outside of a local nightclub in the UK. As an alternative to incarceration, she was fitted with an electronic ankle bracelet that monitors her position through GPS satellites. She was ordered to adhere to a strict 9PM curfew in her home that officials could monitor through the signals received by the device.

Continue reading »

Man’s License Restored After Fraud Allegation Dropped

A Florida man Lazaro Sopena, wanted to help his new wife carry on her Vietnamese surname, and so decided to change his last name to Dinh when they were married in honor of his wife–opposite the usual custom of women adopting their husbands’ surnames.

After their marriage, he presented his marriage license to his local DMV showing that he had a new last name in effort to obtain an updated driver’s license, just as a woman would. The agency granted his request and issued a new license without any complications.

Continue reading »

Why Police Lie Under Oath

Imagine you’re in court, charged with a crime, telling a judge the facts surrounding your case that show your innocence. Now imagine a police officer taking the stand and contradicting everything you’ve just said. Who is the judge going to believe? Who would a jury believe? Overwhelmingly, in a battle of credibility, a cop is going to win most of the time.

Cops are sworn to serve and protect their communities, right? They dress sharp, they’re well-groomed, wear a shiny badge and appear completely trustworthy. On the witness stand, they are relaxed, confident, and nearly anyone is going to believe what they say.

Continue reading »

What To Do When Websites Report Your Arrest

Being arrested is not only embarrassing, but it can also endanger your employment, licensing, marriage, and reputation. And although you are technically “innocent until proven guilty,” society at large often doesn’t see it that way. Even though they don’t know all of the facts surrounding your case, if you were arrested, you were probably doing something you shouldn’t have been, right?

Not always. Arrests happen all the time, and not always with probable cause. In the case of DUI, field sobriety tests are designed to make you fail, even when sober. In a domestic violence call, an officer will make an arrest for even minor physical contacts, or when one party simply admits that some kind of physical contact occurred during their argument. People can be arrested for an assault and/or battery in self-defense, and mistaken identity occurs a lot more frequently than you would imagine.

Continue reading »

Charlie Brown’s Voice Arrested

Peter Robbins is a 56-year-old actor that provided the voice of Charlie Brown in the television specials that aired in the 1960s. The “Peanuts” series includes “It’s the Great Pumpkin, Charlie Brown,” and “A Charlie Brown Christmas.” He has also appeared in other shows such as “My Three Sons” and “Get Smart.”

Recently, Robbins was arrested at the Tijuana-San Diego border where an agent discovered that he had an outstanding warrant by the San Diego County Sheriff’s office. He was booked at the San Diego County Jail website, where he is charged with allegedly committing six felony crimes including stalking and threatening to cause death or great bodily injury. His bail has been set at $550,000.

Continue reading »

Male Jurors More Likely To Find Fat Women Guilty

HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_s

A group of Yale researchers recently conducted a jury trial study. They formed a group of 471 “jurors” of various body sizes to read a case surrounding the crime of check fraud while viewing one of four possible images of the “defendant.” Each image depicted a lean female, a lean male, an obese female, and an obese male. The participants in the mock trial were asked to rate the culpability (or guilt) of the defendant on a 5-point scale.

Continue reading »

What DID Happen To Natalie Wood?

Natalie_Wood_publicity_1963During the night of November 29, 1981, Natalie Wood, her husband Robert Wagner, and friend Christopher Walken were on a yacht anchored off Santa Catalina Island near Orange County, CA. At some point during the night, she ended up in the water without a life jacket and her body was recovered several hours later. At the time, the Coroner reported the cause of death was accidental drowning.

Thirty years later, the case was reopened after new sources came forward with additional information. For example, the boat’s skipper claims to have heard a loud argument coming from Wood’s cabin on the yacht hours before she went missing. In addition, bruises on her knees, wrists, and ankles that were overlooked in the original coroner’s report could be consistent with injuries sustained from an assault. Further, those injuries likely occurred prior to her falling in the water, according to the report.

Continue reading »

Dad Charged With Making Terrorist Threats At School

With frequent school shootings in the news, some parents want to keep their kids safe by ensuring their school’s security is adequate. One father’s attempt at testing the school’s security in Celina, TX got him arrested.

Ron Miller allegedly walked up to a greeter at his child’s school and said, “I am a gunman. My target is inside of the building. I’m going in the building. You stop me.” At that point, he supposedly entered the school building, unchallenged, and began pointing at people. With each person he pointed to, he allegedly said, “You’re dead.” After reportedly pointing at a few people in this manner, he left.

Continue reading »

Man With 110 Cats Sentenced

Police were contacted in February, 2011 about a foul animal odor coming from a house on their street. Officers arrived to the overpowering smell of urine and feces. Besides the floor and other surfaces soaked with cat urine and droppings, the house was infested with both fleas and flies.

The officers entered the home wearing masks, but had to leave upon feeling ill and returned with full hazmat body suits and respirators. They found two children in the home, one who used a couch as a bed, with at least one child having scratches on her arms and legs. Two adults had cat feces on their feet as a result of walking barefoot in the home.

Continue reading »

Flipping Off Police Officers is Constitutional

Let’s face it: If you don’t want to get pulled over by a police officer, you shouldn’t give him the finger as you’re driving by. But in case you do, he’s no longer allowed to pull you over and arrest you for that reason alone.

John Swartz was pulled over and arrested in May, 2006 when he allegedly flipped off a police officer who was using a radar gun to check the speed of passing vehicles. The officer claimed that he “thought there may have been a problem in the car” and “wanted to assure the safety of the passengers.” Swartz was later charged with the misdemeanor crime of disorderly conduct, which was later dismissed.

Continue reading »

Jail Inmates May Have To Pay For Medical Visits

The number of inmates in Orange County jails has increased in recent years, and so has the average length of time that these inmates remain incarcerated. This has resulted in a larger number of inmates requesting medical attention in recent years. The types of medical care authorities must provide to inmates (such as kidney dialysis) are also growing. To counter this trend, sheriff’s officials will begin charging inmates next year a medical “co-pay” of $3 per visit to the nurse.

Officials at the Orange County Sheriff’s Department maintain that the fee is not meant to be a punishment. Their argument is that while some inmates may be truly sick and need to see a nurse, others may take advantage of the medical facilities to meet with friends, exchange information, or simply to get out of their cell for a while.

Continue reading »

Recording Police Officers: Legal or Not?

Who doesn’t remember the Rodney King video? George Holliday, the man who recorded the video from his apartment balcony in 1991, contacted the police station about his video, but was (conveniently?) ignored. He then sent the video to a TV station that aired it in its entirety and the rest is history.

With the advent of smartphones, we can all now record others with just the touch of a button. We can upload our videos directly to Facebook, Twitter, or even YouTube instantly, where the content can quickly spread to thousands, if not millions.

Continue reading »

Deferred Entry of Judgment for Minors Not Always a Sweet Deal

In a recent juvenile delinquency case, a minor stole a car and damaged it beyond repair, rendering it a total loss for insurance purposes. After admitting to the crime, the juvenile court granted Deferred Entry of Judgment (DEJ), meaning that the case would be dismissed provided the minor complete the terms of probation, which in this case included restitution, or paying the owner of the car for damages.

The court ordered the minor pay $13,000 in damages to the car owner, along with $2,000 in interest on the car loan as part of this restitution. After the criminal defense attorney filed an appeal to challenge the $2,000 interest portion, the court surprisingly denied the appeal. The reason it was denied was because there is no way to appeal a DEJ order, and the restitution is considered part of it.

Continue reading »

How To Get Your California Rap Sheet

The California Department of Justice maintains a list of all criminal convictions on your record. This list is known as your Rap sheet. These convictions remain on this list for your lifetime. If you are having difficulty finding employment or obtaining professional licenses because of your criminal history, get a copy of your Rap sheet.

The process involves: Continue reading »

Life Sentences Overturned – Three Strikes Reform Passed in California

On November 6, 2012, Californians voted in favor of Proposition 36, a ballot measure that allows for shorter sentences for some third-time offenders of the controversial “Three Strikes Law.”

The California Three Strikes Law was established in the 1990s and was intended to discourage repeat offenders from committing serious or violent crimes. Under the law, if a person is convicted of a serious or violent felony, it goes against their record as a “strike.” If he or she commits another serious or violent felony later, the sentencing gets harsher and a second strike is put on their record. Upon receiving a third strike, the criminal must be incarcerated in state prison for 25 years to life.

Continue reading »

Mom Gets 99 Years In Prison For Gluing Her Toddler’s Hands

In 2011, Elizabeth Escalona, a 23-year old mother of five, allegedly attacked 2-year old daughter Jocelyn due to potty training problems. She kicked her in stomach, beat her with a milk jug, and glued her hands to an apartment wall with super glue, according to information brought at trial.

Jocelyn suffered brain bleeding, a fractured rib, bruises, and bite marks, according to doctor’s testimony. Some skin had been torn off her hands as a result of the glue. Glue residue was found on her hands, along with paint chips from the apartment wall. The girl was left in a coma for several days following her injuries. Jocelyn and her four siblings are now living in the protective care of their grandmother.

Continue reading »

Sex Offenders Must List Their Crimes on Facebook

When a person is convicted of a sex crime, he or she is often required to register with that state’s sex offender registry. This registry is often made public and includes details of the individual’s crime(s), physical characteristics, and street address. Megan’s Law, as this is referred to, was enacted in response to the 1994 murder of 7-year old Megan Kanka. She was raped and murdered by a convicted sex offender who moved into a house across the street from the family without their knowledge.

Sex offender registration in many states is mandatory, and inclusion on the list often restricts an individual’s ability to obtain gainful employment, especially in professions involving children. Beyond that, cities impose their own ordinances regarding activities banned from sex offenders. In Orange County, sex offenders are banned from surfing at the Huntington Beach pier, fishing in Dana Point harbor, and accessing public parks in Mission Viejo. In Ventura suburb Simi Valley, an ordinance has been established prohibiting sex offenders from decorating their homes and giving away candy on Halloween.

Continue reading »

Singer Chris Brown Fails Drug Test

In 2009, singer Chris Brown pled guilty in California to felony assault charges against Rihanna, a singer who was his girlfriend at that time. As part of his criminal sentencing, he was ordered to serve probation for a term of five years in his home state of Virginia and complete six months of community service. According to his log, he has accumulated over 1400 hours of service, ranging from picking up trash to washing police cars and fire trucks.

Continue reading »