Category Archives: DUI

Orange County Roving Patrols Result in Five DUI Arrests

Female officerThe Orange County Sheriff’s Department was busy this weekend conducting roving DUI patrols in San Clemente, San Juan Capistrano, and Dana Point. The patrols are one of several actions taken as part of the department’s traffic safety campaign and resulted in sixty nine vehicle stops and five arrests. The DUI task force responsible for the arrests consisted of about 50 officers.

All five motorists taken into custody were due to suspicion of driving while under the influence of alcohol or drugs and/or suspicion of drug possession. The vast majority of stops and arrests occurred in Dana Point, which authorities say is the location of two bars have created problems for authorities in the past. According to sources, 37 vehicles were stopped in Dana Point, 19 vehicles were stopped in San Juan Capistrano, and 13 vehicles were stopped in San Clemente. Continue reading

Potential DUI Penalties in California for Misdemeanor and Felony Offenses

California DUI PenaltiesDrunk driving is a major cause of accidents throughout California. Most DUI crimes are misdemeanors, but there are instances where a felony offense is warranted. A misdemeanor crime is usually punishable with a fine that is less than $1000 and a jail term that is less than one year. A felony crime on the other hand is a crime that can be punishable with a fine that could exceed $1000 and a jail term of more than 1 year.

To be charged with a California DUI offense, a person’s blood alcohol concentration must be 0.08 percent or more. Under California law, driving under the influence is generally a misdemeanor crime. However, the person can be charged with felony DUI if bodily injury is caused to any other person, the person responsible has a prior felony DUI on his or her record, or if it is the fourth time the person is being arrested for DUI in a ten year time period. Continue reading

What Are My Options: Ask a DUI Lawyer in California

driving-under-influenceIf you or someone you know has been involved in a driving under the influence incident, you may be worried about the outcome. The good news is that with the help of a lawyer, the legal process will be less intimidating, and the chances of lower or alternative sentencing will be much higher.

Here are a few examples of alternative sentencing options, besides jail time:

House Arrest

The lawyer can push for a house arrest, where confinement is restricted to the perimeters of the defendant’s own home – rather than in a small jail cell. A few celebrities who have received the alternative sentencing of DUI house arrest include Lindsey Lohan or Bobby Brown. Non-celebrities also have the option for house arrest too.

Installing Ignition Interlocks

As the name suggests, an advanced interlocking system is attached to the driver’s car, where he or she will need to submit a Breathalyzer test before the ignition is able to start. No one else is able to submit this test on the driver’s behalf, given that personal recognition feature implemented. In the event that a friend or family member aims to dupe the test, law enforcement is alerted immediately.

Ignition interlock devices are credited as helping DUI offenders or alcoholics keep on the straight and narrow, while making the roadways a little safer. Even though this is an alternative sentencing however, a monthly rental fee is one of the added responsibilities drivers may face.

Fines

First-time DUI offenders may be sentenced to pay up to one thousand in fines in the state of California. The minimum fine however is $390 for first time defendants.

DUI School

The school is responsible for educating drivers about the dangers of intoxicated driving, and how to exercise responsible drinking – by calling a cab or arranging a designated driver for instance. The driver will need to submit a certificate of completion to the court.

A DUI sentence may include one or more penalties. It’s imperative to get in touch with an expert DUI attorney to learn about the best ways to defend the case.

Marijuana DUI in California Information

street light pchWith the latest reports that Colorado has passed a bill with stringent stipulations for a THC legal limit in the blood, where does California stand on the issue? In the past DUIs of drugs or controlled substances did not have a set legal limit.

This is still the case in California.

In Colorado however, the legal limit is now 5 nanograms of THC, and any driver caught above this legal limit faces the same charges as an alcohol intoxicated arrestee.

A per se limit for marijuana intoxicated driving would create a multitude of disputes including the following facts:

  • Marijuana can stay in the system for as many as 30 days
  • THC consists of more than one ingredient which has varying effects. Scientists call these the active and inactive ingredients
  • What about marijuana patients who have become immune to impairment side effects?

There are more arguments to this story. For defendants in California Marijuana DUI cases, if per se limits were established it could mean good news or bad news depending on whom you’re asking. Currently there is a zero tolerance policy for being under the influence of marijuana while driving in California. So any trace could potentially lead to a DUI. On the other side of the coin, the prosecution must prove that the driver was impaired by the substance. These rules apply to even Marijuana patients.

If you or someone you know has been arrested for Marijuana DUI in California or Marijuana Possession, contact a DUI Defense Attorney right away. There are varied safe access guidelines in each county or city that a lawyer can help to clarify. And based on the specific circumstances of the case, a defense attorney who’s versed in DUI is able to compose a defense for getting the best case outcome. Contact MacGregor and Collins at 949-250-6097 today.

Stay in the know about new DUI laws in California by bookmarking this blog.

Source: Huffington Post – “Too Stoned To Drive? Marijuana DUI Bill Passes Colorado House”

 

Sobriety Checkpoint Laws

101 freeway signSobriety checkpoint laws vary from state to state. While some states deem this practice as entirely legal, a DUI case stands the possibility of dismissal if it’s found that a checkpoint was the source of an arrest.

Currently most states operate DUI roadblocks legally. There are 12 states where this is regarded as an illegal practice.

Which States Outlaw DUI Checkpoints?

These include:

  1. Iowa
  2. Alaska
  3. Idaho
  4. Michigan
  5. Minnesota
  6. Montana
  7. Oregon
  8. Rhode Island
  9. Texas
  10. Washington
  11. Wisconsin
  12. Wyoming

In addition, some states conduct these at varied frequencies including weekly, biweekly, monthly or even as many as ten per month in states like Nebraska. That being said, California does conduct sobriety checkpoints under state and federal laws. More details on California DUI checkpoints include:

  • These are conducted at least 2,500 times annually – which means at least 100 per month spread throughout the state.
  • Checkpoints must be scheduled in advance as well as announced to the public ahead of time.
  • A supervisor must be present during the checkpoint.
  • California police must ensure that everyone is safe during the checkpoint, which means setting up the base in a well-lit area, that proper signals are used when stopping drivers without incident and more.
  • California police must be unbiased when making stops, which means using a sequence to determine which vehicles are pulled over. This could mean every second or third car as an illustration.
  • California police when conducting DUI stops should make this as brief a session as possible to adhere to the rights of individuals.

These are just a few examples of some of the rules used in DUI checkpoints – for California. The rules vary in other states.

Get Help with California DUI

Do you need help with a recent DUI arrest or pending trial? Contact a defense lawyer now at 949-250-6097.

Source

Important Highway Safety Laws

101 freeway signSome of the most important Highway Safety Laws in California include:

Cell Phone Bans While Driving – This is an infraction and includes using handheld devices, texting and driving. School bus drivers are additionally prohibited from using cell phones while on duty.

Child Seats – or booster seats are required for children under eight. The highway safety laws also require that children less than eight years old sit in the back seat. Adult seat belts are however permitted for ages eight to fifteen, and anyone who fails to comply with this law faces fines of up to $490 as well as one point deducted from their driver’s license.

Drugged Driving – or DUI is strictly prohibited. Being under the influence of drugs carries the same fines as being intoxicated by alcohol.

DUI Checkpoints – are legal in California. The Governor’s Highway Association reveals that at least 2,500 are performed each year.

Motorcyclists Safety – all motorcyclists are required to wear a helmet when driving.  Segways are also permitted in this state.

Speed Limits – the speed limit for cars on rural roads are 70 MPH, while trucks are required to drive at no more than 55 miles per hour. In city roadways cars and trucks are required to drive at no more than 65 miles per hour.

Work Zone Fines – If a driver violates important highway safety laws in a work zone, he or she will face double fines.

Adult Driver’s Licenses – these are renewable every five years. The Graduate Driver Licensing for California or GDL is permitted at fifteen years of age for the learner stage. Intermediate stages are available for 16 year olds where no passengers are permitted in the vehicle, with the exception of family members.

If you or someone you know has been issued a traffic offense or a DUI, the DUI defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.

Source: Govenors Highway and Safety Association

What Is MADD?

OLYMPUS DIGITAL CAMERAIf you’ve never heard about MADD, the acronym connotes Mothers Against Drunk Driving. The organization was established in 1980, and has since become a cornerstone in the fight against drunk drivers.

Why is the organization so passionate about this issue?

There are several reasons, including the fact that the founder was personally affected by a drunk driver. Candy Lightner’s 13 year old was taken from her unexpectedly and tragically when a drunk driver claimed her life.

What’s adding fuel to this fire?

Drunk driving statistics are sobering to anyone who lays eyes on the issue. As an example, a person’s life is taken every 53 minutes due to a drunk driver. In addition, intoxication impairs a driver’s ability to react in normal time – making them more delayed in reasoning and connecting the consequences of an action. As an example, failure to stop at a red light, even though this is visible for all drivers to see.

This fact means that drunk drivers are also responsible for a major portion of traffic accidents in the United States.

Some of MADD’s key influences include the enforcement of drunken laws back in the eighties. Had it not been for this organization, understanding or classifying DUIs may not have reached the sophistication it is today.

In the present day, MADD’s influence is still ticking as the firm pushes for stronger initiatives to install Breathalyzer machines in each vehicle. This action would likely prevent all DUIs – and ultimately less deaths or accidents.

As with all things, these initiatives do not go without flaws. A person arrested for DUI and who also tests positive for a DUI may not even be intoxicated at the time. Some illnesses or even faulty testing affect results.

In some ways, those who are falsely accused or arrested are also victims of the system as they have to contend with an arrest record, high fees and more.

If you or someone you know has been arrested for DUI in California, the DUI defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.

 

2013 Celebrity DUIs

empty shot glassesSome of the top names making the DUI list for the first quarter of 2013 include:

Lindsey Lohan – where her past convictions for DUI have come back to haunt her as well as relentless new run-ins with the law. It has been reported that Lohan has violated her probation. The outcome of her case is keenly monitored in the news, where it has been deemed that she will not be serving jail time.

Hayley Hasselhoff is another name that is making the news at the start of the year. Though less recognized than her father David Hasselhoff, several news reports have established that the young twenty year old actress was indeed arrested for DUI. She claims otherwise. Is it in her blood or lineage? The records of her mother being charged with DUI on two occasions may support this.

Bobby Brown is much older than these young arrestees, however he’s still in the spotlight for having run-ins with DUI. He was first arrested in 1996, which was almost two decades ago. Fast forward to 2013, and Brown has been making headlines for driving under the influence as well as on a restricted license. He was scheduled to serve at least 55 days in jail, but ended up only spending just a few hours thanks to the crowded prison in the state. He will however still have to serve eighteen months in classes ordered by the court, as well as wear an ankle monitor for a period of time.

DUI is very popular in the state of California. There are dedicated DUI lawyers who focus solely on this offense, as well as an entire industry that fell into place for DUI court, DUI School, ankle monitoring, ignition interlock device and more. In a sense, DUI is a whole economy in its own – which drivers become a part of it they ever are found driving under the influence.

DUI can affect everyday folks in far reaching ways, including a price increase in insurance policies, having a criminal record in some cases. This further raises red flags for employment and credit scores. There’s hope however, with the help of a lawyer who can help to obtain the lowest possible sentencing for clients as well as expungement for past DUI convictions. Need help with a DUI case? If so, contact the expert lawyers at MacGregor and Collins at 949-250-6097.

“Green Light” To Be Ruled For Medical Marijuana Drivers

bus-accidentMany states around the nation are undergoing multiple hearings to rule marijuana as permissible to drive under the influence of – with a valid state ID or prescription. Many scientific studies are also in favor of these rulings.

The proposed Zero Tolerance hearing in California is scheduled for this coming April, where some senates are ruling in favor of no smoking and driving. From an objective standpoint, this may be due to the fact that statistical evidence has pointed to marijuana affecting drivers at the time of several accident reports. Nevertheless, many of the same drivers included in these statistics have mixed alcohol with marijuana use – according to the Clinical Chemistry Journal.

Current Red Lights for Marijuana Use:

As the current marijuana laws stand, marijuana use while driving is strictly prohibited at any level in California. The consequences include having a driver’s license revoked, serving time in the county jail, paying steep fines, reporting to insurance companies and more.

Where Can Marijuana Be Smoked?

Marijuana smoking is strictly prohibited in motor vehicles. Check out the Medical Board of California to find where this can be smoked legally. Other bars in the code include in schools, school buses, in non-smoking zones and other relevant public arenas.

What to Do If You’re Arrested?

First contact a lawyer to see if there are any new changes in the legal code. Next, find out the best methods for defending marijuana dui.

If you or someone you know is a medical marijuana patient that has been arrested for DUI in California, the DUI defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.

 

 

How to Survive a DUI

dui13_250x188The key to surviving any type of crisis is to be proactive. If you’re ever arrested for a DUI, here’s what you need to do to stay afloat:

Take Note

Take your own notes of what transpired during the arrest. You can also refuse any field sobriety tests – in a polite manner. The chemical tests however are mandatory with the exception that if this refused, your license will be suspended for one year.

Hire an Attorney

Upon the arrest, be sure to also request an attorney. A dui defense attorney should be well-versed with current laws surrounding driving under the influence. This includes the fines and penalties, which are presently jail time, fines of up to one thousand dollars, driver’s license suspension, DUI School and more. The lawyer can also help an accused party schedule recommended DMV hearings on time and also attend court on the defendant’s behalf. The DMV hearing is important given that failure to call or respond to any notices will result in an automatic suspension of the driver’s license after 30 days.

Don’t Assume

Just because a driver has tested for traces of alcohol intoxication does not mean an automatic conviction is at stake. The legal limit for adults over 21 years of age is 0.08%. Even with this test, there can be some discrepancies present with equipment malfunction, other factors such as illness, diet and more. As such, drivers can request testing samples for retesting by a lawyer.

If you’ve been previously arrested for DUI and have been proven innocent, there are also opportunities to expunge criminal records with the help of an attorney. Instead of taking on an arrest with a doom and gloom attitude, know that there are numerous options for defense, plea bargains, proving innocence, and expunging records.

A DUI may lead to repercussions beyond the courtroom including insurance hikes, lower credit scores, difficulty securing employment and more.  If you or someone you know is ever arrested for this and other related offenses, call the criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.