California Criminal Defense Attorneys

2009 October Archive

California Bill May Mandate DUI Ignition Interlock Devices

By Criminal Defense Attorney on October 30, 2009

A news report on CBS 5 news discusses the bill AB 91 from Assemblyman Mike Feuer, which would make it mandatory for all individuals who are convicted of DUI offenses to install ignition interlock devices into their automobiles.

The devices are essentially small breathalyzers that are attached to the ignition of an automobile. In order to turn on the car, the driver must blow into the device. If the device detects alcohol in the driver’s system, it prevents the auto from being started. The devices, which are leased to the customers for about $65 a month, are required to stay on the car for as long as the judge mandates.

The report explains that 1500 people die every year in drunk driving crashes in California. Over 200,000 are arrested and 45,000 of them are repeat offenders. The pilot program would begin in Alameda County and other counties if it is signed into law by Governor Arnold Schwarzenegger.

These intrusive devices can make day-to-day living exceptionally difficult, particularly in California, where it is nearly impossible to work or do errands without a working motor vehicle. This law has not yet been enacted and for now, the sentencing practices of DUI courts vary widely depending upon the specific court your case is pending in. Variables that may also affect whether or not you will be required to have an IID installed on your car include the circumstances behind your DUI and the county you are facing charges in.

Our criminal defense law firm has offices from San Diego to Ventura and our experienced California DUI defense attorneys know the procedures in the local court where your case is pending. The firm of Wallin & Klarich boasts a tremendous track record helping DUI defendants. Contact us today to get your questions answered and to have a case evaluation. Call 888-749-0034 today or visit www.wklaw.com.

Source:http://cbs5.com/local/dui.ignition.interlock.2.1216983.html


Two DJs Killed in DUI Accident

By Criminal Defense Attorney on October 28, 2009

Two popular Southern California disc jockeys were killed in a Ventura County DUI accident as they returned from a charity event, according to The Fillmore Gazette.

The two DJ’s, one of which was 34-years-old and a Fillmore native, and his friend 33-years-old from Ventura, were killed early Sunday morning by an alleged drunk driver on Highway 118, after leaving the American Cancer Society Relay for Life event in Fillmore. The first man’s wife, a 26-year-old, was critically injured in the crash.

The suspected drunk driver was a 24-year-old man from Oxnard who was driving a pickup truck westbound in the eastbound lane of the roadway when he crashed into the car, apparently without headlights.

Individuals in California charged with a DUI or DWI could be facing criminal and civil charges. If they are convicted of a DUI or DWI, they may possibly face loss of freedom in jail time, suspension or revocation of a driver’s license, probation, and heavy fines. Obviously in instances such as this one, vehicular manslaughter charges are a distinct possibility. Once the district attorney’s office has completed their investigation of the crash, they will decide what the exact charges will be against the alleged drunk driver. Formally, vehicular manslaughter charges are brought when a driver is suspected of causing an accident (through negligence or violation of laws) that causes a death.

If you or someone you love has been accused of vehicular manslaughter or been in a DUI accident, it is of the utmost importance to secure counsel as soon as possible. All individuals have rights, even those arrested for driving under the influence. A qualified, experienced Southern California DUI attorney from Wallin & Klarich will help represent your interests in court, insuring that your rights are protected at all times. Call the skilled California criminal defense law firm of Wallin & Klarich today at 888-749-0034 for a case evaluation or visit our website at www.wklaw.com.

Source:http://www.fillmoregazette.com/front-page/local-dj%E2%80%99s-killed-crash


DNA Results Cast Doubt in Sex Assault Case

By Criminal Defense Attorney on October 26, 2009

A 40 year old man who was in jail for sexual assault charges has been released from jail after DNA tests cast doubt as to whether he was the perpetrator of the sex crime, according to an LA Times report. The man in question was accused of sexually assaulting a Santa Monica College student on the school’s campus.

The man, who is a Topanga resident, was arrested April 7, and charged after the 18-year-old student identified him as the man who attacked her near the restrooms in the college’s library building. The woman said the man had attacked her, robbed her, licked her stomach and then sexually assaulted her.

The man was released when lab tests showed that DNA found on the woman’s stomach and breasts did not belong to him, but to another man. The man, who had no criminal record, was released after being held for more than 5 months. The prosecutor’s office is reported to be performing more tests to identify whose DNA was found on the woman’s body and whether they should pursue a case against the man who was initially accused.

These types of cases are more common than one might imagine. Although it is important to see that a potentially innocent man has been released from prison, it is regrettable that he did not contract the services of an experienced California sex crimes attorney when he was initially accused of the crime. An experienced attorney will investigate all avenues fully, often demanding evidence that DNA tests were performed accurately and according to legal procedure.

Sadly, innocent individuals are arrested every day in our society. Sexual assault cases can be especially complicated, which is why it’s so important to hire counsel to mount a competent defense on your behalf. If you or a loved one has been accused of rape or sexual assault in California, contact Wallin & Klarich today for a consultation of your case. We have been defending the rights of those facing California criminal charges for over 30 years and are prepared to assist you. Call Wallin & Klarich today at 888-749-0034 or visit www.wklaw.com for more information.

Source:http://www.latimes.com/news/local/la-me-dna-release25-2009sep25,0,7220499.story


Two Suspects Still at Large After Shooting Baby

By Criminal Defense Attorney on October 23, 2009

A four month old baby was fatally shot on Sunday, Sept. 27, in what authorities are calling a gang related attack. The LA Times has reported that the killing happened about 1 a.m. Sunday in the 14300 block of Kittridge Street as a young couple was preparing to drive home from a friend’s baptismal celebration.

Authorities say that the parents of the child had agreed to give a relative a ride home before driving to their North Hollywood home. The baby was fussy so they pulled over in front of the house to fix a bottle. The father got out of the car to greet nearby acquaintances. That’s when two suspects approached the men and opened fire, shooting six rounds from a shotgun, striking the baby, the relative and a family friend.

The Van Nuys neighborhood is known for gang activity and authorities believe that this shooting was gang related. At the time that the article was published, the two suspects were still at large and authorities were looking for assistance from the public in apprehending the suspects.

This is an especially tragic story. Any loss of life is devastating, but no parent should have to endure the loss of a child. In cases such as these, examining the evidence at the crime scene and investigating the matter fully is always of the utmost importance. A qualified defense attorney will be sure to conduct an independent investigation, making sure that authorities have done their jobs properly and that the suspect they are charging is in fact the perpetrator of the crime.

Whenever children are involved in violent crimes, emotions can run high and authorities can rush to judgment. All individuals are guaranteed a proper defense under the law, and the diligent work of qualified defense attorneys can help guarantee that the state’s prosecutors do not put innocent individuals in jail for crimes they did not commit.

If you have been charged with a violent crime in Los Angeles, contact a skilled Los Angeles violent crimes defense attorney at Wallin & Klarich. With over 30 years of experience defending the rights of those accused of criminal offenses in California, you can be assured that a knowledgeable attorney will defend your rights. Call Wallin & Klarich today at 888-749-0034 for a case evaluation and visit our website at www.wklaw.com for more information.

Source:http://www.latimes.com/news/local/la-me-infant-shot29-2009sep29,0,2137469.story


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