CATEGORY: ‘DUI’

Millionaire Adopts 42 Year Old Girlfriend to Protect his Assets in Bizarre Vehicular Manslaughter Case

Thursday, February 2nd, 2012

Often times, when someone is charged with vehicular manslaughter, the accused faces not only a criminal trial, but a civil trial, especially when the driver who caused the accident is also accused DUI as well. That is exactly what Florida millionaire John Goodman is facing. However, the circumstances surrounding the case are some of the most bizarre we have ever seen.

The fact of the case are as follows. Goodman ran a stop sign and smashed into the car of Scott Patrick Wilson, killing him. Goodman failed to call 911 and fled the scene on foot. When the police finally caught up with him, his blood alcohol content was more than twice the legal limit.

Goodman’s criminal trial is on March 6th, and he faces as many as 30 years in prison. It’s the civil trial, set for later in March, where things get weird.

Goodman had set up a trust fund for his two children, and it was determined that the funds in that trust account weren’t subject to punitive damages the Wilson family could collect in their civil trial. His children can’t collect on their trust funds until they reach the age of 35. Following the ruling, Goodman adopted his 42 year old girlfriend, making her an immediate beneficiary of the trust account and giving Goodman access to 1/3 of the funds, which as of now, can’t be touched by the Wilson family.

The courts must decide of the adoption is a “sham” before moving forward with the civil case to determine just how much of Goodman’s assets should be available for punitive damages to the Wilson family.

Man Convicted of Vehicular Manslaughter and DUI Sues the Estate of the Man He Killed

Thursday, January 19th, 2012

A man convicted of vehicular manslaughter stemming from a DUI accident is suing the estate of the man he killed for $15,000. David Belniak had pled guilty to vehicular manslaughter in the death of Ray McWilliams and 2 other passenger, but now his attorney – who also happens to be his sister – is claiming [...]

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What Happens When An Officer Improperly Administers A Breath Alcohol Test?

Friday, January 6th, 2012

First, it is important to understand that prior to a chemical alcohol test of your breath, there must be a proper 15-minute observation period. California DUI Law requires an officer to maintain continuous observation of a DUI suspect to ensure no burping, regurgitation, ingestion, – which can taint the results of a breath test. Unfortunately, [...]

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How a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in Riverside County

Tuesday, October 18th, 2011

It’s something you read in the paper all the time- “Traffic Fatality in Riverside, Driver Arrested Under Suspicion of Driving Under the Influence”. Since the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in Riverside County, [...]

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Crackdown On Drug Users

Friday, September 2nd, 2011

Port Hueneme Police and other assisting law enforcement agencies conducted a sweep of Port Hueneme last week, in a attempt to target and find illegal drug users.  There is a crackdown on these people some of whom are on probation for narcotics use.  The authorities apparently identified close to 40 people at various locations who [...]

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Question: How do they test for DUI when not drinking alcohol? Question Detail: How do the police confirm if you are under the influence of a drug if you aren’t drinking?

Wednesday, August 17th, 2011

Remember, there are two ways to be convicted of DUI in Los Angeles: 1.    Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being an impaired driver as the result of drinking or taking drugs); or 2.    Driving a vehicle while having .08% or [...]

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Riverside DUI Lawyer explains PC 23152

Tuesday, August 9th, 2011

Riverside DUI Lawyer explains that California continues to assert its zero tolerance policy when it comes to driving under the influence crimes.  In California, driving under the influence is codified under California Vehicle Section 23152.  This code section states that a person is guilty of driving under the influence if they have drugs and/or alcohol [...]

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Do I have to install an IID after three years of probation from a DUI?

Thursday, July 21st, 2011

Generally, yes. If you were arrested for a DUI in Riverside after July 1, 2010 in one of the four counties participating in the “pilot program,” you are required to install an ignition interlock device (“IID”) on every vehicle you own. This means you will have to notify the DMV with a DL-924 form, pay [...]

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I Was Arrested For Driving Under The Influence, And Its My 2nd DUI In 10 Years, Will I Have Serve Time In Jail?

Thursday, July 14th, 2011

If you have a second DUI in California, the penalties can be harsh.  If you receive a DUI within 10 years of a prior DUI, then you will be charged with a second DUI. Criminal penalties for a second DUI in California include fines, an alcohol program, and suspension of driving privileges.  Moreover, jail time [...]

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What You Need To Know About A 15 Minute Observation Period for DUI

Wednesday, June 1st, 2011

The California legislature requires an officer administering a DUI breath test to continuously observe a DUI suspect for a minimum of 15 minutes.  The 15 minutes must be uninterrupted and observed prior to administering a breath alcohol test. Common ways a defense attorney can attack a breath alcohol test include: (1)    Suspect burped or belched; [...]

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