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.

The suit also claims that the victim, not Belniak, caused the accident by abruptly changing lanes. Belniak is suing for medical bills, pain and suffering, and “loss of capacity for the enjoyment of life”.
Belniak’s attorney, who remember is also his sister, claims that the buildup to the criminal trial was an exercise in character assassination and her brother had no choice by to accept blame and a plea offer because he wouldn’t have received a fair trial.

Belniak was sentenced to 12 years in prison, in 2007 for his role in the accident.

The families of the victims in the suit have also filed a civil suit against Belniak.

Belniak’s recollection of the events falls into question, as six corroborating eye witnesses report that McWilliams was stopped at a stoplight when Belniak rear-ended them at speeds exceeding 70 MPH. An event data recorder in McWilliams’ car also indicates that his vehicle wasn’t moving at the time of impact.

It’s hard to grasp why Belniak and his sister would file a countersuit in this instance, as all the evidence seems to support Belniaks guilty conviction, and by filing suit, he’s more likely to aggravate jurors rather than win any sympathy.

This is a case we definitely have our eyes on and will update as new details emerge.

Unfortunately, courts are becoming more lenient in terms of enforcement of this state mandated 15-minute observation period. Some courts have ruled that the 15-minute observation period is satisfied merely by an officer being present. It is unrealistic to assume that merely being present ensures that the DUI suspect has not burped or hiccupped. This is yet another reason you must be represented by an aggressive Orange County DUI defense attorney. An attorney will ensure your rights are protected by scrutinizing the conduct of the police. Police are required to follow certain DUI arrest procedures. Failure to do so may lead to a dismissal of DUI charges against you.

Be sure that your rights are adequately protected if you are ever facing DUI charges in Orange County. The best way to do this is to hire a knowledgeable DUI defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you ensure the protection of your rights. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Typically, if someone is under the influence of drugs and or alcohol, and kills someone in a traffic accident, they will be charged with “Gross Vehicular Man-slaughter while Intoxicated”. This charge carries with it a maximum punishment of 10 years in state prison.

However, some years ago the California Supreme Court ruled in The People v. Watsonthat if the prosecution can establish “Malice Aforethought” (which is basically wanton disregard for human life) in a case where someone killed another while driving under the influence, they can be charged with 2nd Degree Murder.

This ups the stakes tremendously due to the fact that a conviction of 2nd degree murder will result in a 15 year to life sentence. This means the defendant must serve at least 15 years before even being considered for parole. Even after 15 years, the defendant can be denied parole indefinitely- serving an entire life sentence perhaps. Factors that typically come into play when prosecutors decide whether or not to file 2nd degree murder charge in a DUI related death is whether or not the defendant had a prior DUI and whether or not the defendant had notice that driving under the influence of alcohol of drugs is extremely dangerous to human life.

If you or a loved one have been charged with 2nd Degree Murder based on a DUI or Gross Vehicular Manslaughter while Intoxicated, contact the experienced Riverside murder attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

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The authorities arrested several individuals for being under the influence of narcotics, possessing illegal drugs, or driving under the influence of alcohol or drugs.

When a person is arrested for either drug possession or being under the influence of a drug, frequently on a first time offense a person may be given a chance to enroll and participate in a treatment program and not have to go to jail. However, the classes are meant to try and attempt to get the individual to make different life choices and to further assist the individual in not succumbing to the addiction.
Do you or is a loved one facing criminal charges in Los Angeles for either drug possession or being under the influence.  You should really invest the time and talk to an experienced criminal defense attorney.

If you or a loved one have been accused or charged with a drug possession  charge, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

The phrase “drunk driving” is misleading.  A driver need not be “drunk” to be deemed “under the influence” for purposes of a Driving Under The Influence (DUI) prosecution and/or conviction in California.  The relevant inquiry is whether a driver was impaired such that he or she were not as cautious or alert as a non-drinking person would have been in similar circumstances.  Proving and disproving this requires a thorough analysis of the facts and circumstances surrounding the vehicle stop and subsequent DUI investigation.  The Fourth Amendment of the United States Constitution requires some minimal level of objective justification for making the stop. The officer initiating the vehicle stop must be able to articulate something more than a suspicion or hunch.

First, the arresting officer will allege that something about a driver’s driving pattern or the condition of their vehicle led the officer to lawfully stop the vehicle.  An actual vehicle code violation is most commonly cited, but not required to justify a stop. Next, the arresting officer will note in the police report any further observations of the common “objective symptoms” of intoxication (odor of alcohol, slurred speech, red eyes, flushed face, etc).  The officer will detail in his police report the driver’s ability or inability to pass the roadside coordination tests (field sobriety tests). Finally, scientific evidence, concentration of alcohol in the driver’s blood or breath will be considered.  Generally, this will allow the judge and jury to infer, after hearing the testimony of the state’s expert witness, that the driver was “under the influence at the time of driving.”  However, this scientific evidence is not absolutely necessary for a DUI conviction.  Individuals who have refused to submit to any chemical blood or breath test for alcohol concentration have been convicted of DUI solely on the basis of the testimony of police officers as to the defendant’s erratic or unlawful driving behavior.

If you or a loved one have been accused or charged with DUI in Los Angeles, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

If convicted of a driving under the influence offense, a defendant faces a number of punishments and  penalties.  Typically these punishments and penalties include a misdemeanor conviction, a lengthy probation period, fines and fees, a requirement to attend an alcohol program, and a suspension of driving privileges.
Perhaps, one of the most burdensome aspects of being convicted of a charge of driving under the influence, is the potential license suspension one faces.  In California, a person faces potentially a five-month suspension on driving privileges by the court, if convicted of a driving under the influence charge.

The Department of Motor Vehicles in California will also suspend the driving privileges of a person found to be guilty of driving under the influence.  Unless the person accused, calls the Department of Motor Vehicles within 10 days of the arrest to request a hearing, the Department will automatically suspend that person’s license for up to six months.
The suspension by the court and the Department of Motor Vehicles are separate to one another.  Typically the Department of Motor Vehicles will make a determination as to the person’s guilt before the court case is resolved.  If the a person’s license is suspended by the DMV before the court case is resolved, the driver potentially faces a separate suspension from the court if ultimately convicted.

If you or a loved one has been arrested, 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.  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.

If you fail to comply with any IID requirements, the DMV will not give you credit toward your IID restriction period, which means your restriction period will be extended until you do comply.

If you do not have access to a car, then you can request an exemption to get out of having to install an IID. You will need to fill out a DL-4055B form. However, you may be required to submit the form to the DMV within 30 days of receiving the suspension notice in the mail.

Since every case involving an IID installation is unique, it is best to contact an experienced Orange County DUI and DMV attorney to find out what exactly is required of you and what your options are.

If you or a loved one have been charged with or convicted of a DUI in Orange County, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

A driving under the influence charge is codified under California Vehicle Code Section 23152.  It states in pertinent part “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, to drive a vehicle.  It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”
As stated above, the punishments for a second driving under the influence conviction within 10 years can be harsh.  In addition to mandatory jail time, the convicted person will lose their license for a period of 2 years.  They will be required to complete an 18-month alcohol program before their driving privileges will be reinstated.

Many counties will require a longer jail sentence, then minimum required by the vehicle code, for a second driving under the influence conviction.  The specific circumstances surrounding the arrest, often determines the length of a jail sentence a convicted person receives.

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom.  The attorneys at Wallin & Klarich have been helping people facing criminal charges 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 wklaw.com for more information.

Common ways a defense attorney can attack a breath alcohol test include:

(1)    Suspect burped or belched;
(2)    Suspect vomited
(3)    Suspect consumed alcohol or any other substance during the mandatory 15 minute observation period
(4)    Officer was distracted by radio dispatch, making notes, directing traffic, etc.
(5)    Officer did not carefully and continuously observe DUI suspect for a minimum of 15 uninterrupted minutes

Above are only a few of the numerous arguments an experienced Wallin & Klarich DUI defense attorney can make in court and at your DMV Hearing to save your privilege to drive.  If you or a loved one have been accused or charged with DUI in Los Angeles, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.