Many factors can affect intoxication levels in drunk driving cases. You should consult with a knowledgeable Irvine DUI lawyer to discuss what specific factors may have affected your case. This writing will provide insight into two common factors at issue in many DUI cases.
Factor 1: Stomach Problems
Support letters come into play around the time of sentencing. The purpose of support letters is to give the judge a different perspective from that which has been learned from the trial. At this point, the judge has heard the evidence, a judgment has been rendered, and your Irvine criminal lawyer can only do so much to ask for leniency. Heartfelt letters from your friends may well be crucial in the judge’s decision as to the length of your sentence.
What the Letter Should Say
Drivers in Newport Beach may want to stay off of Newport Boulevard tonight, where traffic is bound to back up and waits could be up to an hour or more. The Newport Beach Police Department will be conducting a sobriety or DUI check point on Newport (northbound) at Finley Avenue from 8pm until 3am.
This area in particular was chosen for the stop because of its proximity to local restaurants and bars and because of the number of DUI-related accidents in the area, according to the Orange County register.
This week Marston Heffner, son of the Playboy founder Hue Heffner, was accused by girlfriend Claire Sinclair of domestic violence. At first calling her parents (who then called the police) the former Playmate of the year claimed that he “punched and kicked” her in their Pasadena apartment. While unofficial pictures circulating the internet show a small bruise on her shoulder presumably from the “punching and kicking” it is possible that the mark was caused by something else. Like many women in alleged incidents of domestic violence, Sinclair asserts that she does not want to see Heffner go to jail. She is, however, demanding an apology, and has obtained a temporary restraining order against him. The temporary order lasts about a week until a formal hearing occurs.
Despite his girlfriend’s request to withhold punishment,Heffner could still face charges by the state under California Penal Code 273.5 or Penal Code section 243e(1). He could face either a fine up to $6,000 dollars or five years in prison or both depending on the severity of his case. It appears that this was a first offense for Heffner and that could prove mitigating in defending his case.
A football coach at Santa Margarita Catholic High School has been arrested for possession of narcotics. The coach was detained for possessing a “powdery white substance” , suspected to be cocaine. The substance was found in a search of his vehicle by the Orange County Sheriff’s Department. The coach was apparently not on campus or with students- the substance was found in a limousine in San Juan Capistrano, whereas the Catholic school is in Rancho Santa Margarita. He was, nonetheless, reportedly fired from his position as junior-varsity football coach and may face charges of both drug possession and being under the influence. This is the third coach from Santa Margarita Catholic High School to be accused of a drug offense in recent years.
Drug Policy in California sets various punishments depending on the substance in which a person illegally possesses. In this case, cocaine is found in Schedule 2 of The California Uniform Controlled Substances Act. It is illegal to possess under California Health and Safety Code 11350. Various sentences apply- from drug treatment programs to state prison incarceration.
If you ever watched a legal drama, you know that your Irvinecriminal defense attorney will be spending hours figuring out the best opening statement for your trial. After all, opening statements can be pivotal. They can set the tone – and the stage – for the rest of the prosecution.
So what are some important elements of an opening statement?
An Irvine criminal defense lawyer can advise you, specific to your case, regarding the likelihood of obtaining the names of witnesses. Obtaining the identity of witnesses depends on the criminal rules of the jurisdiction where the case is being heard. In some jurisdictions, obtaining the names of witnesses lies in the complete discretion of the judge hearing the case. The judge will consider a number of factors when deciding whether or not to release the identity of witnesses. For instance, was violence involved in the matter, and has the defendant previously been arrested for violent matters? If so, would providing the identity of witnesses jeopardize the likelihood of witnesses showing up to testify for the prosecution? On the flip side, are the allegations complicated, perhaps occurring over a long period of time? Are the resources of the accused needed to defend and prepare the case limited such as to cause an unfair hardship on the defendant? The court will weigh these and other factors before deciding whether to release the names.
If the court is unwilling to disclose the identity of witnesses, anIrvinecriminal defense lawyer can still attempt to acquire those names through informal processes. The names can frequently be found in documents that must be disclosed through the formal legal discovery process. For instance in fraud cases, the sought after names can often be found in the corporate record books, ledgers, etc., which can be obtained through the document request process. An Irvine criminal defense attorney may also acquire the names through her course of discussions with prosecutors and co-counsel.
Grand juries are skewed against defendants. Often, the jurors merely rubber stamp a prosecutor’s decision to file charges. Moreover, defense attorneys never find out what the exact vote count is; instead, they are merely told that their defendant is either charged or not.
YourIrvinecriminal attorney has her work cut out for you as you face a grand jury. There are, in fact, two different types of grand juries: the charging grand jury and the investigating grand jury. Whether you will face one or the other, or a grand jury at all, depends on your case and the jurisdiction where your case is heard.
Prior to Miranda v. Arizona, in order to determine whether or not a confession was coerced such that it would be considered to have been given involuntary in violation of the 14thAmendment Due Process Clause, the courts would look at the totality of the circumstances. However, it should be noted that today, confessions are rarely deemed to be involuntary if the law enforcement officers involved conformed to the requirements of the Miranda case. Still, any Irvine criminal attorney will tell you that Miranda did not supersede the laws that bar involuntary confessions.
One of the purposes of the Miranda warnings was to inhibit the use of high-pressure tactics when obtaining a confession. The U.S. Constitution not only prohibits the use of bodily torture, but it also prohibits the use of more subtle mind-related tactics as a way of evoking a defendant’s confession against his or her will.
After an individual is arrested for allegedly committing a crime, certain legal proceedings will take place. Although the presence of an attorney is not required, it is in your best interest to obtain the assistance of a knowledgeable criminal attorney who will properly represent you and answer any questions you may have. If you or a loved one has been arrested, don’t take a chance. Contact Orange County criminal lawyer Staycie Sena for to see what she can do for you.
The accused may be booked by police or cited and released on his own recognizance until his first court appearance. The initial appearance-called the “arraignment”- will be the first proceeding in front of a judge. During this appearance, the judge informs a defendant of certain rights and asks for a plea of guilty or not guilty. When an attorney is involved, the plea is almost always a “not guilty” plea. This allows the attorney time to investigate and negotiate or fight a case.
Most people never want to hear the words “you have the right to remain silent.” Rather than concentrating on the notification of an important Constitutional right, most people will immediately recognize that they are being arrested. If you or a loved one are arrested, there are specific issues you need to keep in mind.
If you are taken into custody, you will be searched for weapons or contraband and taken to a police station, where you will be further searched and then fingerprinted. This is not an option. Refusing to cooperate will not reflect well on you later and you could even be subjected to further charges, such as violating California Penal Code section 148(a), resisting, obstructing or delaying a peace officer in the performance of his duties.
If you have been arrested for driving under the influence, you should contact an Orange County DUI or DWI attorney. During your initial interview with a DUI attorney, you will be asked several questions about your arrest and what happened leading up to it. Below are some questions you are likely to be asked, so it might help to have your answers to these questions ready before your interview.
During your arrest, was your car searched by the police, and if so, did they find anything?
Under the U.S. Constitution and most state criminal procedure codes, criminal suspects retain specific rights with respect to police informants. Under the Fourth Amendment, probable cause or reasonable suspicion that a crime is being committed is always required before law enforcement is privileged to arrest a private citizen. Orange County DUI attorneys know that probable cause is formed a variety of ways—typically through police investigative tools and eyewitness accounts. Sometimes, police are able to apprehend a criminal based on a tip from a known or anonymous informant. The law imputes varying levels of probable cause and reliability with respect to informants, and police are not necessarily permitted to pursue a criminal based on an unreliable, anonymous, or an unknown informant.
Criminal procedure law is friendlier to law enforcement in situations where an informant is identified by name and has been relied upon successfully in the past. Conversely, courts have held that probable cause is not present in cases where police arrest a suspect based on an anonymous tip from an unknown, unreliable source. In these cases, police should have used the tip to investigate further and garner more evidence to form probable cause before arresting the suspect.
There are many components to a DUI charge and arrest. Law enforcement officers observe the physical characteristics of any person under suspicion of driving under the influence. Observations are made during the initial traffic stop, the field sobriety test, and the subsequent arrest. If you are facing a recent DUI arrest, it is important to get representation from an Orange County DUI attorney who may find alternative explanations for the various observations recorded by the arresting officers.
It is common for Orange County DUI attorneys to uncover inconsistencies in the police officer’s report. In most situations, the arresting officer will fill out an Alcohol Influence Report that is intended to detail the officer’s perceptions of the DUI suspect. One common inconsistency involves a situation in which the blood alcohol content (BAC) of a suspect is particularly high in comparison with the observations made in the Alcohol Influence Report. This could suggest inaccuracies in the chemical analysis of the suspect’s blood alcohol concentration. An experienced Orange County DUI attorney will assuredly advocate his or her client with regard to these potential chemical incompatibilities.
A Costa Mesa woman has been charged with driving under the influence and causing injury after she allegedly hit a pedestrian. The pedestrian, 17-year-old Newport Harbor High School student Crystal Morales, was crossing a crosswalk shortly after 2:45pm when she was struck. The high school student was taken to a local hospital where doctors induced a coma so that Morales could recover from internal bleeding, brain swelling, head trauma and other internal injuries.
The 38-year-old driver Marie Lippincott, a fellow classmate’s mother, was driving a Chevy Tahoe northbound on Irvine Ave. when the accident occurred. An officer arrested Lippincott and is currently being held at the Orange County Jail in lieu of $100,000 bail. Records show that in 2005, Lippincott pleaded guilty to theft, burglary and obtaining prescription drugs by fraud.
In an effort to enforce safe driving, several cities within Orange County will be conducing DUI sobriety roving patrols. The Orange County Sheriff’s Department will be conducting these DUI roving patrols today, Friday December 2nd, within the city limits of Aliso Viejo, Laguna Niguel, Laguna Hills and Laguna Woods. The roving patrols are funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration to help reduce the amount of DUIs and DUI related collisions.
Unlike standard DUI sobriety checkpoints, roving DUI patrols are not stationary and therefore cannot be avoided by motorists. These roving patrol officers look for motorists who exhibit obvious signs of intoxication such as swerving, bloodshot or watery eyes and even the scent of alcohol.
A Los Angeles County Sheriff’s Department deputy has been accused of driving under the influence after he allegedly caused a DUI-related accident. 38-year-old Richard J. Patterson of West Covina was off duty when he is accused of having crashed the motorcycle that he and his wife were on into another vehicle on the 405 freeway. Patterson was taken to the local hospital for a hip injury while his wife was hospitalized with a knee injury and abrasions to the arms and hands.
After investigation, it was determined that Patterson’s blood alcohol level was at 0.15 percent, two hours after the accident occurred. Patterson’s arraignment is scheduled for Tuesday where he faces charges of driving under the influence causing injury and driving with a blood-alcohol level of 0.08 percent or more causing injury. If convicted, Patterson could be facing probation or up to several years in state prison.
Many cities throughout Southern California set up multiple DUI sobriety checkpoints during weekends and holidays. Costa Mesa, however, is choosing to conduct fewer checkpoints in favor or more DUI saturation patrols. By doing so, arresting officers are able to target more drunk drivers on any given night without having to announce the time and location prior to its commencement.
Unlike DUI sobriety checkpoints which are structured, DUI saturation patrol officers are able to roam the cities, ensuring the safety of motorists without having to make a big scene. Most motorists are able to research the DUI checkpoint locations and oftentimes, avoid a certain location knowing a checkpoint is scheduled to occur. The city of Costa Mesa believes that by reducing the amount of DUI checkpoints and relying more on DUI saturation patrols, officers can be more effective in arresting those who have been driving under the influence.
A Garden Grove man has been arrested on suspicion of driving under the influence after he allegedly caused a DUI-related accident in Irvine shortly before 7pm.
The man was allegedly driving while under the influence of alcohol when he crashed into the Orange County Fire Authority’s Eternal Flame Memorial in the city of Irvine. The man, whose name has not been released, damaged a gate, knocked down a light pole, jumped a curb and drove through a small block wall before crashing into the memorial. The driver was taken to the local hospital with a broken foot and was later arrested for an Orange County DUI.
This past Halloween weekend was full of scary costumes, lots of candy and many DUI checkpoints and arrests. The Orange County DUI Task Force, known as “Avoid the 38”, wanted residents to celebrate Halloween safely and therefore had extra DUI saturation patrol officers roaming different cities within Orange County.
While a standard DUI sobriety checkpoint is stationary and often near an area known for frequent DUI arrests or popular bars, a roving DUI saturation patrol is less obvious. These roving drunk driving patrol officers tend to blend into crowds, looking for drivers who show signs of intoxication.