When a judge orders you not to drive, it’s a good idea to not immediately get behind the wheel as you’re leaving court.
At Harbor Justice Center in Newport Beach, individuals charged with driving-related crimes such as DUI were brought before a judge who notified them that their licenses had been suspended. As such, they were no longer permitted to drive. As they were leaving, deputies followed them out of the courtroom to find out how they were getting home.
Kerry Kennedy, daughter of late senator Robert F. Kennedy, was acquitted of charges of driving while intoxicated (similar to California’s DUI charges) earlier this morning in a New York courtroom. Jurors spent just over an hour deliberating the facts before delivering their verdict.
Kennedy was found collapsed over the steering wheel of her vehicle after swerving and sideswiping a tractor-trailer on a New York interstate highway back in July, 2012.
If there is one thing that being an Orange County criminal defense attorney has taught me it is that good people do bad things. And all people have reasons for doing what they do. When a loved one has come into contact with the criminal justice system, it is the role of his criminal defense attorney to make the prosecutor and/or judge understand why. Few actions can be accurately summarized by knee-jerk or one-word responses such as “greed,” “anger” or “lust.” Like the fictional Valjean in Victor Hugo’s Les Miserables who stole a loaf of bread for his starving sister, many have motives that most would find sympathetic. It is the criminal defense lawyer’s job to find out what, in particular, was going on in a defendant’s life when an incident occurred.
Was he subject to unusual pressures?
In February, Joe Hundley was aboard a flight from Minneapolis to Atlanta to pay a final visit to his brain-dead son in the hospital and take him off of life support. He had not slept the previous night and was consuming alcohol as a method of coping with the pain and stress of the situation.
He was seated next to Jessica Bennett, who was holding her 19-month old son on her lap. When the flight made its final descent to Atlanta, Bennett’s son began crying. Hundley became agitated and allegedly leaned over to Bennett and told her to “shut that (N-word) baby up.” He repeated the phrase to Bennett before reportedly slapping the child on the face, leaving a scratch below his right eye.
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.
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.
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.
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.
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.
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.
The Orange County Criminal Lawyer Blog