Archive for May, 2010

It is not illegal to drink and drive. It is illegal to drive if your blood alcohol content is at a concentration of .08 or above. It is illegal to drive under the influence of alcohol or drugs such that you can’t operate your car with the caution and care of a sober person. Unless you have previously been convicted of a DUI offense, however, it is typically not illegal to drive after a couple of drinks. This article is aimed at those drivers—those who drive after having had some alcohol, but are nevertheless afraid that they could erroneously be prosecuted for driving under the influence.

Before You Drive

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I was in Bellflower Superior Court yesterday when a 30-something year old woman was taken into custody for failure to complete her batterer’s treatment program or anger-management classes. The public defender tried earnestly to appeal to the judge’s sympathies, explaining that the girl had suffered a pulmonary embolism and had not been working, so she couldn’t afford to pay for the classes. Yikes! A pulmonary embolism? People die from that! The woman did look healthy, but that certainly seemed like a reasonable excuse for being behind in court-ordered classes. The judge took a moment, flipped through the court file and finally said “if she wants to admit her probation violation, I’ll give her 120 days in jail.” 120 DAYS??? The injustice! How could the judge be so unforgiving? I mentally rallied to the girl’s side, until the judge sighed “counsel- she’s had FIVE years to get these classes done.” The woman took the 120 days.

This scenario is not uncommon. Walk into any Orange County criminal courtroom and you will undoubtedly see either someone with an excuse for having not performed some court-ordered obligation or being taken into custody for not performing some court-ordered obligation. This is a look at the most common (and most frustrating) excuses that judges and lawyers or attorneys hear and an explanation as to why they often fall on deaf ears.

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It’s 9:45 am and your phone rings. The caller ID says that it’s your ex-girlfriend and you smile, hoping that she’s had a chance to think about it, she misses you and is calling to suggest you get together to talk about it. Instead she says “this is formal notice that I’m seeking a temporary restraining order in Orange County today at 1:30″. With that, she hangs up. You show up at court and realize that not only is she seeking a court order to prevent you from contacting her for 3 years, she’s asking for full control over the home you share together and attorneys fees.

Sheriff deputies show up at your door, confirm your identity and hand you a restraining order, telling you that you need to stay at least 300 yards away from Joe Schmoe, the jerk who works down the office hallway, who you’ve been waiting for the boss to fire. What does this mean? Can you legally even show up at work?

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