Tuesday, March 24, 2015

Is a DUI a Felony or a Misdemeanor?

Many people ask whether a DUI in California is a Felony or a Misdemeanor. Most DUI’s in California are Misdemeanors; however there are three ways that a DUI can become a Felony DUI. The most common way to get a DUI charged as a felony is if someone other than the driver is injured in a collision caused by the DUI driver.  The two less common ways are a fourth offense DUI (within 10 years), or anyone who has been convicted of a felony DUI will be charged with a felony for any subsequent DUI they commit within 10 years.

The big issue with these cases now days, is that the accident victims tend to claim personal injury for purposes of recovering damages in a civil claim. This puts the DUI defendant in a predicament because it exposes them to potentially facing felony charges. Someone who is convicted of a felony DUI faces a term of 16, 24, or 36 months in State Prison. An experienced DUI attorney is a must, in these cases, because of the impact they can provide. These cases can potentially be reduced to misdemeanors, or at the very least a prison sentence may be avoided.

Some prosecutors may decide to file a certain case as a felony, where a different prosecutor may believe that the same case should be a misdemeanor. The bottom line is that they have a lot of discretion in deciding how to file these cases. An experienced DUI attorney knows how important it is to intervene immediately with the prosecutor and attempt to provide them with additional information to convince them charges should be filed as a misdemeanor.

Felony DUI’s should only be handled by attorneys that are very experienced in DUI defense because not only do the stakes go way up, but so does the impact that a good attorney can have on the prosecuting agency.

Tuesday, March 10, 2015

19 Year Old That Caused Crash in Van Nuys Suspected of DUI

According to law enforcement, a 19 year old suspected of drunk driving ran a red light early Tuesday morning and crashed into an SUV, which flipped over and landed on top of a minivan. Five people were injured including two in serious condition.

A little after midnight, the driver of a Volkswagen Passat ran a red light in the intersection of Van Nuys and Victory and slammed into a Chevy Trailblazer, which in turn flipped over and landed on top of a minivan. Passengers of the minivan had to be extracted by firefighters using heavy equipment.

The driver has yet to be identified, but was allegedly speeding and under the influence of alcohol. A blood test was most likely conducted at the hospital where the driver is being treated and will aid law enforcement in identifying whether the 19 year old was a DUI driver.

Because the driver is under 21, they fall under California's zero tolerance laws, and does not have to be driving with a blood alcohol level of .08% to be charged with a DUI.

For more information on what you can do if you have been arrested or convicted of a DUI, please visit www.MironerLaw.com.

DUI Patrols Planned in Adams & Lancaster Counties

Roving DUI patrols are scheduled to commence in Adams and Lancaster counties for St. Patrick's Day weekend from Friday, March 13th to Sunday, March 15th, according to the Center for Traffic Safety.

More police enforcement is planned for the following week, including sobriety checkpoints, which will be announced later in the week.

For more information on what to do if arrested for a DUI in Adams and Lancaster County, visit www.MironerLaw.com or call 818.936.2140.

Friday, March 6, 2015

DUI Checkpoints in Oxnard This Weekend

March 6, 2015 - The Oxnard police will be conducting DUI checkpoints on Saturday from 8:00 pm to 3:00 am Sunday at various locations throughout the city. Suspected drivers under the influence will most likely be administered field sobriety tests, as well as tested for Blood Alcohol Content.

The police will be looking for signs of impairment, both from alcohol and drugs. If charged, an Oxnard DUI carries much stiffer penalties and fines than from a DUI in Los Angeles County.

Funding for this checkpoint is provided to the Oxnard Police Department by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration, authorities said.

For more information on what to do if arrested for a DUI in Ventura County, visit www.MironerLaw.com or call 805.334.0260.

DUI Checkpoint in Seal Beach

On Friday night, the Seal Beach Police will be conducting a DUI checkpoint on PCH from 6:00 pm to 3:00 am.

According to the police department, “crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized DUI checkpoints and proactive DUI patrols are conducted routinely.”

“Over the course of the past three years, DUI collisions have resulted in 26 injury crashes harming 36 of our friends and neighbors,” said Sergeant Steve Bowles.

The police will be looking for signs of driving under the influence of alcohol and/or drugs, and will most likely administer field sobriety tests if suspected of DUI.

For more information on what you can do if you have been arrested or convicted of a DUI, please visit www.MironerLaw.com.