DUI

It was recently reported that a Sacramento man plead guilty to his seventh DUI in 10 years and was sentenced to three years in jail and four years probation. Mark Trevino, 27, started drinking at age 14 and had been in and out of custody for his drunk driving offenses before his most recent arrest. He received his first two DUI offenses before the age of 18. The punishments for his previous 6 DUI convictions have ranged from probation to 16 months in prison.

Driving under the influence is a serious offense in the state of California. It is important to note that a driver may still receive a DUI if his or her BAC is lower than 0.08%. California Vehicle Code Section 23152(a) states that it is unlawful for any person who is “under the influence” of any alcoholic beverage and/or drug to drive a vehicle. It does not say that the driver’s BAC needs to be 0.08% or higher. A driver is considered “under the influence” when his or her mental or physical abilities are so impaired by drugs and/or alcohol that he/she is no longer able to drive a vehicle with the same caution as a sober person using ordinary care under similar circumstances. A conviction for a first-time DUI can result in probation, jail time, fees, and community service.

If you or a loved one has been arrested for a DUI, it is critical that you speak with an experienced DUI attorney. At Wallin & Klarich, our DUI attorneys have over 30 years of experience in handling all types of DUIs. Your lawyer will aggressively fight to get the best possible result in your case. We understand that this is a stressful time. Our attorneys will always keep you updated with your case and provide you with the quality representation you deserve. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Actor Chris Klein is probably best known for his comedic role in the ‘American Pie’ films. However his arrest early Wednesday morning was not a part in a movie. The actor was arrested by California Highway Patrol on suspicion of driving under the influence.

A news release from the California Highway Patrol stated that Klein’s vehicle was “observed weaving from the #3 lane into the #2 and #4 lane” on the Ventura Freeway in Sherman Oaks, California.

A driving under the influence charge is codified under California Vehicle Code section 23152, which states it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, or a person who has a blood-alcohol level of .08 or greater to drive a vehicle.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

After someone is arrested for DUI, the person must form a drunk driving defense with the help of a criminal defense attorney. In the prosecution of a DUI (Driving Under the Influence) offense in California, proving the act of driving while under the influence is a key element to the case. If the state prosecutor cannot prove beyond a reasonable doubt in the criminal case that you were driving, then you may be entitled to a dismissal or acquittal.

Driving is also a key element in the DMV’s (Department of Motor Vehicles) efforts to suspend or revoke your privilege to drive a vehicle. However, while in a criminal case the offense must be proved “beyond a reasonable doubt,” at the DMV hearing your California driver’s license suspension is only based on “a preponderance of the evidence.” In other words, while the prosecutor must prove beyond a reasonable doubt that you were driving under the influence in your criminal case, the DMV only has to show that you were more likely that not to have driven under the influence. Because of this, it is critical to have a strong criminal defense and a knowledgeable DUI lawyer by your side.

It is important to consult with an experienced Southern California DUI defense attorney when facing allegations of driving under the influence of alcohol or driving under the influence of drugs. Complicated legal and evidentiary standards apply, so make sure your rights are protected. Contact Wallin & Klarich today to learn more about how we can help. Call 888-280-6839 or visit www.wklaw.com and www.wklawdui.com for more information. We will be there when you call.

The New York Times recently reported that Lindsay Lohan was found in violation of probation when her alcohol monitoring device detected the presence of alcohol in her system following the MTV Movie Awards. Ms. Lohan was ordered to wear the monitoring device in May after missing a probation hearing stemming from her 2007 arrests on drunken-driving and misdemeanor drug charges. At that time an arrest warrant had been issued for Ms. Lohan and was revoked when she posted $100,000 bail. After Ms. Lohan’s most recent probation violation, a warrant was issued for her arrest, and bail was doubled to $200,000. The warrant was revoked when she posted bail.

It is California public policy to decrease the likelihood of repeat drug offenses by providing rehabilitation services to those convicted of nonviolent drug possession offenses. Under the California Penal Code Section 1210.1(a), any person convicted of nonviolent drug possession will receive probation instead of incarceration. As a condition of probation, the defendant must participate in and complete an appropriate drug treatment program. In addition, the court can require participation in vocational training, family counseling, literacy training and/or community service. It is important to note that a court may not impose incarceration as an additional condition of probation.

If you have been charged with a nonviolent drug possession offense, it is important that you retain an experienced criminal defense attorney as soon as possible. If you successfully complete your drug treatment program, all charges will be dropped. However, if at any point during the course of your drug treatment you have been found to be un-amenable to the drug treatment programs, for example by consistently violating your probation, the probation department can revoke probation and impose incarceration as the appropriate alternative punishment.

If you or a loved one has been charged with a nonviolent drug possession offense, you should seek the assistance of an experienced criminal defense attorney, as the consequences of probation violation in nonviolent drug possession cases can become serious. Our criminal defense attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that will result in the most advantageous outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

If you are facing the loss of your drivers license, you need an aggressive attorney at Wallin & Klarich. There are many reasons the California DMV can take your privilege to drive away. It could be for a DUI, or perhaps for being a negligent operator (too many points) or even for a medical reason. Wallin & Klarich have trained attorneys who specialize in DMV hearings. We have won many DMV hearings over the past 30 years and can certainly assist you with your DMV problems. In dealing with DMV, timing is often critical when seeking a hearing so it is important to contact an attorney as soon as you realize your privilege to drive is being suspended.

If you or a loved one is having problems with DMV, call the law offices of Wallin & Klarich. Wallin & Klarich has over 30 years of experience. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced DMV attorneys in California today. Also visit us on the web at www.wklaw.com. We will be here when you call.

A pro surfer who crashed his car while he was drunk, killing his 24 year old passenger, was sentenced to four years in state prison, according to a 10news.com report. The surfer pled guilty on June 18 to gross vehicular manslaughter while intoxicated and could have been sentenced to as many as 10 years in prison.

The report indicates that the surfer lost control of the Toyota Avalon he was driving while traveling about 65 mph in a 25-mph zone. The sedan hit a parked car and smashed into a palm tree. The surfer suffered serious injuries in the crash, the passenger in the vehicle (and owner of the car) died.

DUI accidents escalate the severity of a DUI charge even further by adding an “aggravating circumstance” to what would otherwise be routine DUI prosecution. In the vital days following your DUI arrest, you have little time in which to mount a DUI accident defense. An experienced California DUI attorney will review the police’s investigation and perform independent inquiries, if deemed appropriate. They will also have the resources and knowledge to ask the proper questions when it comes to mounting a potential defense.

In tragic instances where a life has been lost (as is the case here), the charges are escalated to vehicular manslaughter. Though vehicular manslaughter charges are serious, they do not always result in a felony conviction. A qualified DUI attorney will understand the sentencing guidelines and options for lessening the charges, or having them thrown out of court all together.

One of the worst parts of a DUI vehicular manslaughter charge is the negative social stigma that is involved with the crime, even before a case has gone to trial. Although all individuals are innocent until proven guilty and have a constitutional right to a competent, strong defense, those charged with this crime tend to be thought of as “guilty until proven innocent.” The right DUI attorney is not intimidated by a vehicular manslaughter and DUI case. Instead, he or she confidently relies on a long-standing track record and deep knowledge of the DUI field to aggressively defend the client.

If you or someone you love has been accused of vehicular manslaughter charges in California, contact an experienced DUI attorney at Wallin & Klarich today for a consultation of your case. Our attorneys can help defend your rights under the law. Call Wallin & Klarich at 888-749-0034 or visit www.wklaw.com for more information.

Source:http://www.10news.com/news/21093572/detail.html

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 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