Category : drunk driving
Lindsay Lohan’s Ex-Lover, Samantha Ronson, Arrested For A DUI
In California, you could be charged with a misdemeanor DUI under Vehicle Code Section 23152 or a DUI felony under Vehicle Code Section 23153 if you are driving under the influence and cause an accident and injure another person. For more serious crimes involving the death of another person while driving a vehicle under the influence, you should be charged with vehicular manslaughter under Vehicle Code Sections 191.5 and 192. California has very complex DUI penalties and takes DUI crimes quite seriously. Penalties are enhanced for prior driving convictions, when a minor child under 14 years of age is in the car at the time of the violation, when speeding occurs, when your BAC is over .08% or you refuse to take the chemical test.
Penalties
For a first offense DUI with a BAC over .08%, your driver’s license may be suspended for four months at the time of your arrest or up to one year if you refuse to take a chemical test. If you are under 21 years of age with a BAC of .01% or more, your license will be suspended automatically for one year. For a second offense DUI conviction, you could receive a one year suspension of your license and a two year suspension if you receive to take a chemical test. You could face jail sentences from 96 hours to three years and fines up to $1,600, and also be required to complete a driving under the influence program, and have to pay for the installation of an Ignition Interlock Device (IID) in your vehicle, as well as being required to obtain SR22 (California Proof of Insurance Certificate) car insurance. A conviction of three or more DUI’s within 10 years and a BAC of .08% or more is considered a felony crime.
Example Case
Actress Lindsay Lohan’s ex-lover, Samantha Ronson, was arrested for a DUI on Monday August 1, 2011, around 10:30 a.m. in Baker, California. Police officers stopped her for speeding because she was driving 19 miles over the posted speed limit of 70 miles per hour. Police suspected after she was pulled over that she was under the influence. She was given a balance test which revealed indications of intoxication. Police arrested Ronson after she refused a breathalyzer test. It has been reported that at the police station she tested over the legal limit. Ronson did admit she had been drinking alcohol earlier, and claimed that she had been drinking late the previous evening and that she was on her way home from Las Vegas. She was released on Monday. Lohan has also been in the news the past couple year’s over her drug, alcohol and shoplifting cases.
If you are arrested in California for DUI, you should hire a California criminal defense attorney immediately. The attorney can investigate the police report to make sure the police had cause to stop you, and determine whether they have sufficient evidence to charge you. The attorney can argue that the search and seizure was illegal and try and get the case dismissed. Also, if the police failed to properly give you your Miranda rights, the attorney may be able to argue that your constitutional rights were violated and get the charges dropped. Another defense that the attorney may assert is that you were speeding. A skilled California criminal defense attorney may be able to get you probation or get you into a drug and alcohol counseling and treatment program in lieu of jail time.
Rodney King Booked On Suspicion Of Driving Under The Influence
California driving under the influence of alcohol and/or drug laws (DUI laws) are complex, and you could face stiff fines, penalties and jail time, especially if you cause an accident resulting in the serious injury or death of another person if your BAC is over .08% at the time of your arrest. Penalties are enhanced for second or more offenses, and you could face automatic suspension of your driver’s license for a minimum one year or more. You may also be required to install an Ignition Interlock Device (IID) in your car at your own expense and attend a drug or alcohol counseling program.
Penalties
Vehicle Code Sections 23152 and 23153
Under Vehicle Code Section 23152, you could be charged with a misdemeanor DUI or a felony under Vehicle Code Section 23153 if you cause an accident and/or injury to someone.
Penal Code 191.5 and 192
Under Penal Code Sections 191.5 and 192, you could be charged with vehicular manslaughter if you cause the death of another person while driving under the influence. A DUI first offender with a BAC over .08% faces suspension of their driver’s license for four months up to one year if they refuse to take a chemical test. Drivers under the age of 21 with a BAC of .01% face having their license automatically suspended for one year. For a DUI second offense and a BAC over .08%, drivers face a one year suspension or a two year suspension for refusal to take a chemical test.
Jail sentences range from 96 hours to three years and fines up to $1,600. You may be required to complete a driving under the influence counseling program, mandatory installation of an IID in your car, and have to obtain SR22 (California Proof of Insurance Certificate) car insurance. Keep in mind that penalties are increased if you have a second or more conviction. Three DUI convictions within 10 years with a BAC of .08% are considered a felony in California.
Case
Rodney King, famous for his videotaped beating by Los Angeles police in 1992, which resulted in the trial of the police accused of brutally beating King and the 1992 Los Angeles riots that erupted after the verdict was read acquitting three of the LAPD officers and finding one of the officers guilty of excessive force, was arrested and booked on suspicion of driving under the influence on Tuesday July 12, 2011, in Moreno Valley, California. According to police, King committed multiple traffic violations while driving a 1994 Mitsubishi. Police were not sure if King was drunk or on drugs at the time of the arrest.
If you are arrested for a DUI offense in California, you should hire a California criminal defense attorney to defend you. The attorney is an expert at California DUI laws and will assert legal defenses to get your charges reduced to a lesser offense such as speeding or negligence if you are charged with vehicular manslaughter, or the attorney may be able to you into a drug or alcohol treatment program to get you a suspended sentence or probation. The attorney will also investigate whether the police failed to observe Miranda warning laws before they questioned you in order to get your case dropped or help you with expungement of a DUI conviction or other driving record charges.
Can You Get A DUI For Using Hand Sanitizer?
A recent study conducted by the Department of Psychiatry at the University of Florida College of Medicine revealed that 8 out of 11 volunteers who had not used alcohol for five days tested positive for alcohol consumption in a urine test after frequently applying Purell hand sanitizer during the day. Purell contains 62% ethyl alcohol. The urine tests recorded levels of ethyl glucuronide of more than 500 nanograms per milliliter in the urine of 8 out of the 11 volunteers indicating that they had consumed alcohol recently. Further tests for another alcohol breakdown product, ethyl sulfate, were not found suggesting that levels of ethyl sulfate could be used as a distinguishing factor in determining whether someone had consumed alcohol or just used a product that contains alcohol. The urine test is a more accurate test than the breathalyzer test, which only measures the amount of alcohol on your breath, and any alcohol dissipates after a few hours.
The research further showed that the absorption of alcohol contained in products such as hand sanitizer, mouth wash, aftershave and cough syrup could result in someone testing positive in a urine test for alcohol use if you used more than 4 oz. a day, which is an ounce more than the size of a bottle allowed on an airplane. Health care workers may at the most risk of testing positive for alcohol consumption in a urine test because they are constantly using products to sanitize their hands throughout their working hours. Other individuals who are required by their employers to take urine tests for alcohol or drug use may want to avoid any products containing alcohol so that they do not test positive for alcohol consumption.
California DUI
If you failed a drug urine alcohol test or breathalyzer test in California because you were either pulled over by the police for suspicion of a DUI or you failed the drug alcohol urine test given by your employer, you should contact a California criminal defense attorney. In order to be convicted of DUI in California, you must have a BAC over .08% at the time of your arrest or a BAC of .01% for driver’s under 21 years of age. You could face jail sentences of 96 hours to three years and fines up to $1,600, as well as completion of a driving under the influence program, installation of an IID in your vehicle and have to obtain SR22 (California Proof of Insurance Certificate) car insurance. There are enhanced penalties for second and third or more California DUI convictions. A conviction of three prior DUI’s with a BAC of .08% within the previous 10 years is considered a felony. Even if you are a DUI first offender, your driver’s license could be suspended for four months.
The attorney may be able to establish that your urine test was a false positive because you only used a product containing alcohol such as hand sanitizer and either get your case dismissed or convince your employer that you were not using alcohol or drug so you can keep your job. If evidence does determine that you were consuming an alcohol beverage or an illegal drug while driving a motor vehicle in California, the attorney may be able to get your charges reduced to speeding, get you into a drug or alcohol treatment program with a suspended sentence, probation or get your case dismissed.
Rapper T.I. Arrested in Hollywood on Methamphetamines Suspicion
California has strict laws regarding driving under the influence of alcohol and/or drugs (DUI laws). You may be charged with either a misdemeanor DUI under Vehicle Code Section 23152 or a felony under Vehicle Code Section 23153 if you cause an accident and injure someone. If you cause the death of another person while driving under the influence, you could be charged in California with the crime of vehicular manslaughter under penal Code Sections 191.5 and 192. DUI penalties are complex and may be enhanced depending on your prior driving convictions, whether a child under the age of 14 year was in the car at the time of the violation, whether you were speeding, if your BAC was over .08% and if you refused to take a chemical test.
California has increased their DUI laws making it tougher for even first offense DUI convictions. July 1, 2010, AB 91, a test pilot program went into effect and is being enforced in Los Angeles, Sacramento, Alameda and Tulare counties only. Under the pilot program, any driver who has been convicted of a DUI crime, including first offenders, must install an Ignition Interlock Device (IID) in their car at their own expense to obtain a restricted driver’s license.
California DUI Drivers License Suspension and Penalties
If you are a DUI first offender, your driver’s license could be suspended immediately for four months if you have a BAC over .08% at the time of your arrest or it may be suspended for one year if you refuse to take a chemical test. Drivers under 21 with a BAC of .01% or more will have their license automatically suspended for one year. Second offenses for drivers with BAC over .08% will get you a one year suspension and a two year suspension if you refuse to take a chemical test. If convicted of a DUI offense, your license could be revoked or suspended depending on your BAC levels, whether you caused an accident which resulted in the injury or death of another person or whether you have any prior DUI convictions. Out of state drivers will be given a notice of suspension if their BAC is over .08% or over .01% for drivers under 21, which means they cannot drive in the State of California after 30 days.
You face jail sentences from 96 hours to three years and fines up to $1,600, completion of a driving under the influence program, installation of an IID in your vehicle and having to obtain SR22 (California Proof of Insurance Certificate) car insurance. Penalties are enhanced for second and third or more convictions. A conviction of three prior DUI’s with a BAC of .08% within the previous 10 years is considered a felony.
Example Case
Rapper and hip-hop artist T.I., whose legal name is Clifford Harris, Jr., and his wife Tameka “Tiny” Cottle were arrested in Hollywood Wednesday evening September 1, 2010, on suspicion of possession of methamphetamines after police allegedly smelled marijuana smoke coming from their car during a routine traffic stop in West Hollywood for making an illegal U turn on Sunset Boulevard. T.I. was booked for possession of a controlled substance. The couple posted $10,000 bail each and were released the next morning.
T.I. is currently on probation for federal weapons charges. He served a sentence of seven months in federal prison in Arkansas and three months in a halfway house in George for his federal weapons conviction. His Atlanta probation officer has asked him to return to his hometown of Atlanta according to one of T.I’s. attorneys. His probation officer has the choice of modifying his probation terms requiring him to take additional drug counseling classes or drug testing on a more frequent basis, or he could ask the judge to revoke T.I.’s probation, which ends in 2013. This could mean additional prison time for the rapper. The Atlanta U.S. Attorney’s office is in the process of reviewing the facts of the Hollywood arrest to determine what happened before making any recommendations. U.S. District Judge Charles Pannell, Jr., the presiding judge in the original weapons case, has the authority to make any final decision regarding T.I.’s probation violation.
The rapper claims he has turned his life around. He has given several speeches about the dangers of drugs, guns and has received the support of former UN ambassador Andrew Young. Young has voiced skepticism about why the rapper was pulled over in the first place.
An arrest for a DUI offense in California is serious. You should hire a California criminal defense attorney immediately. The attorney will investigate whether the police had probable cause to stop and arrest you in the first place or whether there is sufficient evidence to argue that the search and seizure of you or your car was illegal to attempt to get the charges dropped and the case dismissed. The attorney will also review your arrest record and interview you to determine if your constitutional rights were violated if the police failed to properly give you your Miranda warning before being questioned. An experienced criminal law attorney may be able to get your charges reduced to a lesser offense such as speeding or negligence in the case of vehicular manslaughter, or get you into a drug and alcohol counseling program which would give you a suspended sentence or probation.
Virginia Vehicular Manslaughter; Involuntary Manslaughter
Circumstances surrounding an incident involving vehicular manslaughter or involuntary manslaughter determine whether or not a person is charged with a misdemeanor or felony in Virginia. For instance, under Section 46-2-852 of the Virginia Statutes, driving at high speeds when there is only property damage is considered a Class 1 misdemeanor crime. However, it is also common for other charges such as DUI or reckless driving under Section 46.2-852 of the Virginia Statutes to be filed along with vehicular manslaughter or involuntary manslaughter charges. Sections 18.2.51.4 and 18.2-266 make it a crime of aggravated involuntary manslaughter, which is a Class 6 felony crime, when operating a motor vehicle in Virginia while intoxicated with a BAC level of .08 or more or while under the influence of drugs if the person was driving in a manner which shows reckless disregard for human life causing the unintentional death or serious and permanent injury of a passenger or another person. Under age drivers are also subject to the same penalties.
If convicted under this statute for aggravated involuntary manslaughter and drunken driving, then under Section 46.2-391, the driver faces revocation of their license. If convicted of two or more crimes under the Sections 18.2.51.4 in the past 10 years, their license will be revoked for three years, and if they have been convicted of three more crimes under this Statute within the last 10 years, their license will be permanently revoked. An involuntary manslaughter charge of maiming someone with a motor vehicle while intoxicated or driving under the influence of drugs stays on your Virginia driving record for 11 years. Mandatory prison sentences vary from 1 to 20 for traffic charge deaths involving a drunk driver or one under the influence of drugs.
Case Example:
An unnamed 16 year old male plead guilty to charges in Juvenile Court to aggravated involuntary manslaughter and drunken driving in the death of his Kempsville High School varsity baseball teammate, which occurred on March 7, 2010. The accident occurred near the intersection of Avalon and Normandy Avenue. The vehicle swerved off the road, hit a tree in which the teammate died at the scene of the accident. The police investigation revealed that the driver had been drinking alcoholic energy drinks, which are popular among underage persons. Police viewed a video which showed the teens buying alcohol. The parents of the victim expressed their wishes that the driver not be tried as an adult. The driver was released from electronic home monitoring after his hearing, but still has an alcohol detection device. The juvenile could face a maximum sentenced to be served at the Department of Juvenile Justice. Sentencing is set for July 1. 2010.
Vehicular manslaughter or involuntary manslaughter and reckless driving charges are serious in Virginia. You should hire a Virginia criminal defense attorney. The attorney may be able to get the charges reduced to speeding, lane changing, accelerator sticking, illness or improper driving under Section 46.2-869, which is considered a traffic infraction and punishable by a $500 or less fine. The attorney may also be able to get the sentence suspended or probation with attendance of an alcohol or drug treatment program.
Illinois Reckless Homicide and Aggravated DUI Statutes
Under Illinois Law, 720 ILCS 5/9-3(a), you can be charged with the felony crime of Reckless Homicide (also known as vehicular manslaughter in some states) if you are driving a motor vehicle, snowmobile, all terrain vehicle or watercraft recklessly which causes the unintentional death of another person. The Illinois sentencing laws classify Reckless Homicide as a class 3 felony with a prison term of two to five years. If you are convicted for a reckless homicide, your license will be revoked for a minimum two years in Illinois. The court evaluates aggravating circumstances such as speed, gross negligence and drunk driving in determining sentencing of jail times, fines, penalties and revocation of driving privileges.
Class 2 Felony
The Reckless Homicide felony class 3 could be raised to a class 2 felony if there are aggravating circumstances as set forth under 720 ILCS 5/9(e)2 through (e)(9) and (f). Examples of Class 2 felonies are offenses that occur on a public thoroughfare involving children going to and from school where there is a crossing guard, where the defendant was driving in a construction or maintenance zone, the defendant caused the death of two or more persons in a single accident or a victim was a family or household member. Class 2 felonies have mandatory sentencing ranging from three years to 14 years. However, a third DUI or aggravated DUI in Illinois is also classified as a Class 2 felony under the DUI Statute 625 ILCS 5/11-501. If convicted of a third DUI offense, then the sentence ranges from one year to 12 years and 6 years to 28 years if two people died in the accident. You could be charged with multiple offenses such as Reckless Homicide and Aggravated DUI.
Case Example
Unfortunately, there are many examples of aggravated DUI and reckless homicide cases that occur frequently in Illinois. For instance, in March of 2010, a 50 year old male employee of St. Charles’ Illinois Youth Center was charged with reckless homicide regarding the death of a St. Charles resident that occurred in 2008. The defendant tried to pass multiple cars in a no passing zone of a two lane highway when he crashed head on into the victim’s vehicle at 5:30 a.m. The victim was pronounced dead at the scene. The defendant was charged with three aggravated DUI charges for driving a vehicle under the influence of Codeine, which is a controlled substance, driving under the influence of alcohol and also for the combination of driving under the influence of the controlled substance Codeine and alcohol. He faces a possible sentence of 3 to 14 years for each aggravated DUI charge. The case was delayed because of blood alcohol level records. Bail was set at $500,000.
If you have been arrested for Reckless Homicide and/or aggravated DUI charges, you should contact an Illinois criminal defense firm immediately upon your arrest to defend you because these are serious charges. The attorney may be able to argue that there were mistakes in the evidence including your BAC test or improper calibrations in the breathalyzer machines. The police could have taken advantage of you and used illegal means to obtain your consent to testing for alcohol or other controlled substances. It is also possible that samples of blood or urine could have been contaminated. You may be able to get the DUI charges thrown out or reduced to speeding or lane changing, or the Reckless Homicide charges reduced to simple negligence. The attorney will evaluate your case and advise you of all your legal remedies and defenses.
California and Michigan New Drunk Driving Laws
New changes to the California drunk driving laws are coming in 2010. Effective July 1, 2010, AB91 and SB 598 will require drivers convicted of a DUI to have a California ignition interlock device installed in their vehicles, whether they are first time offenders or repeat offenders, in order to obtain a restricted California driver’s license. The driver is responsible for paying for the device. The average cost to install the device is around $100.00.The program is a pilot program which will be enforced in Los Angeles, Sacramento, Alameda and Tulare counties only. The device measures the driver’s breath to make sure they are alcohol free before they can get behind their vehicle and drive. The driver blows into the mouth piece of the device, and if there is any alcohol detected by the fuel cell that measures the BAC, the vehicle will not start. Restricted licenses are given to drivers in California for limited use to drive to and from work, school and drug or alcohol treatment programs.
The other change in the California drunk driving laws California drunk driving laws also goes into effect July 1, 2010. The DMV must inform a second DUI offender that they are eligible to obtain a restricted license after their 90 day license suspension is completed, and they must inform a third DUI offender that they are eligible to obtain a restricted license after their six month suspension is completed. The driver must enroll in a DUI program and agree to install the California ignition interlock driver device in their vehicle in order to obtain a California restricted license.
Changes in Michigan Ignition Interlock Device Laws
Michigan legislature also has two similar bills which would go into effect January 1, 2011, SB 794 and SB 795. SB 794 is a three year DWI pilot project changing the ignition interlock requirements for offenders convicted of two or more offenses for driving intoxicated or impaired. A sobriety judge would need to certify to the Michigan Secretary of State that the person requesting a restricted license was enrolled in a DWI sobriety court, that an interlock device had been installed in their vehicle and the judge must report annually and inform the Michigan Secretary of State and the Michigan Supreme Court if the offender violates the terms of their program.
Bill SB 795 proposes license restriction changes for persons convicted of multiple DWI offenses and whose licenses have been suspended, restricted, revoked or denied because of two or more intoxicated or impaired driving conditions. Persons with a suspended or revoked license for 45 days must be admitted into to DWI sobriety court, have an ignition interlock device installed and take a driving skills test in order to obtain a restricted license to drive to and from work and home as well as school and to an alcohol or drug education or treatment program.
Both California and Michigan have tough DUI/DWI laws. For instance, California first time offenders may receive jail sentences from 96 hours to six months and fines from $1,000 to $1,600, license suspension up to six months, completion of a driving under the influence program, be required to install an ignition interlock device in their vehicle and obtain SR22 (California Proof of Insurance Certificate) car insurance. Michigan first time offenders may receive up to 93 days jail time, up to six months suspension of their driver’s license, may be eligible for a restricted license after 30 days, have to pay a fine up to $100.00 to $500.00 and an additional responsibility fee fine of up to $1,000, may have to participate in community service and be required to install an ignition interlock device in their vehicle as well as obtain SR 22 insurance.
Changes in Oregon DUII Laws Effective January 1, 2010
While Oregon State Police reported a decrease in DUII (driving under the influence of intoxicants) arrests between December 31, 2009 and January 1, 2010, from 52 DUII arrests made the same time last year to 34 DUII arrests throughout the state during this year’s period of time, the legislature has enacted changes to the Oregon DUII laws which go into effect on January 1, 2010. January 1, 2010, juvenile convictions for DUII / DUI will be counted as one of the three “predicate offenses” for convictions of DUII’s in a 10 year period constituting a Felony DUII. The exception to this rule is if the juvenile’s BAC was under .08 and the conviction was based solely upon the fact that the juvenile was under 21 years of age at the time the offense occurred. What is significant about this new law is all cases involving juvenile persons who are accused of traffic crimes will be transferred to the adult court.
Bellingham Portland, Oregon Arrests for DUI
An illustration of how frequently juveniles and others are arrested for DUI and DUII are the follow three cases which occurred during the first two weeks of January 2010. The Bellingham, Oregon police reported the arrest of a 19 year old male for DUI, MIP (minor in possession of alcohol) and DWLS 3rd (driving with license suspended) on January 3, 2010 at 4:15 a.m. An arrest of a 24 year old male was reported on January 4, 2010 for driving under the influence. Also, there was a report of the arrest of a 22 year old woman for DUI and DWLS 3rd on January 10, 2010 at a traffic stop. As noted by the charges in two of the cases, said persons were driving with suspended licenses.
Under Oregon Statutes ORS 811.182 (1) & (4), persons who drive their motor vehicle knowing their license is suspended or revoked for misdemeanor or felony crimes involving a motor vehicle can be charged with a Misdemeanor Driving While Suspended. Each conviction for Misdemeanor Driving While Suspended is counted towards the habitual offender law which results in revocation of an Oregon driver’s license. Misdemeanor Driving While Suspended is considered a Class A Misdemeanor with a one year maximum jail sentence and a maximum fine of $6,250.
If convicted, these persons referred to in the above cases could also face a minimum fine of $2,000 under the new law Oregon law HB 2426 which provides for such a fine when a person is convicted of driving with a BAC of 0.15 or more. Also new is ORS 813.095 –Failure to Submit to a Urine Test which goes into effect January 1, 2010. Under this law, if you are pulled over for drunk driving and you fail to take a urine test under the Oregon Implied Consent Laws, you will be charged under the new law for failure to submit to a urine test and subject to a fine between $500 and $1,000. Your license will not be suspended under this law, but it will be suspended for refusing to take a breath, blood or urine test under the Oregon Implied Consent Laws for up to 1-3 years.
Oregon DUII, Fines and Sentencing Guidelines
Oregon laws provide for stiff fines, penalties and jail time for all offenders of DUI and DUII laws. Typical sentences and fines are as follows:
• The maximum penalty for a first conviction for misdemeanor DUII is one year in jail with a fine of $1,000 fine or a $2,000 if the BAC is .15 or more and an additional fine up to $6,250 or $10,000 if there was a minor in the vehicle under 18, 18 months probation, mandatory participation in a substance abuse evaluation and treatment and a mandatory one year driver’s license suspension as well as mandatory installation of an ignition interlock system for one year.
• A second DUI conviction leads to a three year license suspension, a $1,500 fine or a $2,000 fine if the person’s BAC is .15 or more, and a one year jail sentence as well as an additional $10,000 fine if a minor under 18 was in the vehicle, additional fees and fines of approximately $300, attendance of an alcohol rehabilitation program and an ignition interlock device must be installed for two years after return of the person’s driver’s license.
• Three DUII convictions within 10 years is considered a Class C Felony Offense with up to a five year prison sentence, a $2,000 fine if the person’s BAC is .15 or more and an additional $10,000 fine if a minor under 18 in the vehicle at the time, permanent revocation of license for life, completion of a drug and alcohol treatment program and participation in a citizen’s impact panel program.
Normally, Multnomah County DA’s recommend 10 – 30 days of jail for a first conviction. 20 to 60 days of jail for a second conviction, 90 to 365 days of jail for a third conviction, 180 to 365 days of jail for a fourth or more DUII conviction. Recommendations vary depending upon the case circumstances and the person’s number of convictions. Other Oregon counties are comparative in their sentencing. Persons arrested for DUI or Felony DUII must request a hearing within 10 days of being charged to contest the charges and take advantage of the opportunity to have your case overturned. Otherwise suspended driver’s license sentences will remain in effect. It is important to seek legal representation from an Oregon criminal defense firm as soon as you have been arrested for DUI or Felony DUII who can help defend you at the hearing and assist you with keeping your driving privileges. Many times license suspensions are dismissed because police officers fail to show up at the hearings or law enforcement makes administrative errors or fails to prepare or turn in the proper paperwork within the required deadlines. Without proper legal representation looking out for your interests and raising legal defenses on your behalf, you may jeopardize your rights or miss the opportunity to overturn your case.
Contact a Criminal Attorney at Imhoff & Associates
Our highly skilled attorneys will fight to protect your rights. Understanding and using the latest case law in your defense can mean the difference between getting your case dismissed and spending years in prison.
Illinois Teen Charged with Aggravated DUI
Kevin Schuh, 17, has just been charged with aggravated drunk driving resulting in death, reckless homicide and leaving the scene of an accident after running over and killing Monika Skrzypkowski, 15.
Defendant Admits to Drunk Driving Hours Later
On Dec. 6, 2008, Schuh had been at a gathering where, as he admits, he drank eight alcoholic beverages. At about 11 p.m. that evening, Schuh was headed home in his minivan when he hit and killed Skrzypkowski, who was walking across the street at the time of the accident.
After hitting Skrzypkowski, Schuh continued home and then called the police, claiming that someone had vandalized his car. Shortly after, however, Schuh admitted to hitting Skrzypkowski.
When Schuh was taken into custody four hours later, his blood alcohol content (BAC) was 0.063, which is below the legal limit of 0.08. If convicted of all counts, Schuh could face up to a 9-year prison sentence and over $7,000 in restitution fees.
A DUI Charge Despite a BAC Lower than the Legal Limit
In most cases of DUI, a person has to have a BAC of at least 0.08 to be charged and convicted of driving under the influence. However, Illinois prosecutors are able to charge Schuh with aggravated DUI for a few reasons:
- Prosecutors can legally charge someone with a DUI, regardless of their age, if an injury (or death) occurred and they can prove, in some way, that the individual driving had been drinking prior to operating his vehicle.
- Individuals at the party Schuh attended have stated that Schuh was too drunk to be driving that night.
- Schuh admitted to drinking eight alcoholic drinks before driving home that night.
- Schuh is under the legal drinking age and, therefore, is subject to Illinois’ “zero tolerance” law, which allows authorities to bring DUI charges on any underage individual who has alcohol in his system when driving.
A trial date has yet to be set for this case.
(Source: Chicago Tribune)
Have you been charged with a crime? If so, contact us today to talk to an experienced criminal defense attorney who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.
California Man Suspected of Felony DUI
A fatal car collision that occurred near Coachella, California has resulted in the deaths of three children and one adult. On Monday, October 27, 2008 at 1 a.m., a 2009 Cadillac CTS ran a stop sign and ploughed into a 1995 Ford Taurus.
Andres Z. Luna, a 33-year old from Thermal, California, was driving the Cadillac that killed the passengers of the Taurus – an 11-month old, a 7-year old, an 8-year old and a 30-year old woman. None of the victims’ names have yet been released by the authorities.
Following the accident, Luna was arrested on suspicion of drunk driving, as well as on four counts of vehicular manslaughter.
Details of the Accident
The car crash took place at Avenue 62 and Harrison Street in the desert town known as Coachella. After Luna ran a stop sign and crashed into the Taurus, the Taurus started spinning out-of-control, which only ended when the car rammed into a couple of concrete posts and a fire hydrant.
Upon these final impacts, the Taurus split in half. The Cadillac, on the other hand, remained intact following the crash.
While the three kids in the Taurus were thrown from the car during the events of the accident, the woman was still lodged in the wrecked vehicle. All four were already dead when authorities arrived at the scene.
Luna Faces Felony DUI and Vehicular Manslaughter Charges
The California Highway Patrol is still investigating whether or not Luna was under the influence of drugs and/or alcohol at the time of this tragic auto accident.
Authorities haven’t specified whether Luna submitted to a breathalyzer or whether a blood test was taken to evaluate his sobriety. As a result, Luna’s blood alcohol content (BAC) at the time of the crash is still unknown.
If convicted of felony DUI and four counts of vehicular manslaughter, Luna could face up to 40 years in a California State Prison, as each count of “Gross Vehicular Manslaughter with a DUI” carries up to a 10-year sentence.
(Source: CBS2)
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