Huntington Beach Police to Post DUI Arrests Online?

HUNTINGTON BEACH — Huntington Beach police have proposed posting the names of DUI offenders online in an effort to cut down on the city’s drunken driving problem.

Posting the offenders’ names would not be to embarrass people, but to send a message that the Huntington Beach Police Department is enforcing DUIs, police Lt. Russell Reinhart told the Huntington Beach Independent.

Police submitted a report to the City Council this month identifying drinking and driving as a “significant problem” in the city.

Some residents say the online list is a good idea.

“I actually think it might be effective and I don’t really see really any down side to it,” supporter Dan Harbs told KTLA.

But not everyone agrees with the idea.

“A DUI in itself is a deterrent usually, hopefully, and I don’t think you need to punish people any further,” said opponent Lorraine Keseloff.

Over the last three years the department has made, on average, a reported 1,700 DUI arrests a year.

In my opinion posting anyone’s name who is suspected DUI online is pure criminal. Being convicted of DUI is another story, but many DUI arrests are made in an unjustified way and many people suspected of drunk driving are innocent.

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Donte Stallworth Happy DUI is Behind Him

WESTMINSTER, Md. — Donte’ Stallworth is playing professional football again for the first time since December 2008.

The new Baltimore Ravens wide receiver donned shoulder pads on Friday, his first action since pleading guilty to DUI manslaughter last year.

In an interview with The Associated Press, Stallworth said that he intends to “move forward” and “try to continue my life as a I know it.”

In March 2009, the former Cleveland Browns standout was driving in Florida when his car struck and killed 59-year-old Mario Reyes. Stallworth served 24 days in jail and was suspended by the NFL for the entire 2009 season.

Stallworth said he will never forget what happened, but hopes be remembered for something other than what he termed “the situation.”

From a fantasy football perspective the addition of Stallworth as well as Boldin should only open things up for Ravens QB Joe Flacco and even star back Ray Rice as well. While quarterbacks such as Peyton Manning, Aaron Rodgers, Matt Schaub, Phil Rivers, Tony Romo, Tom Brady and even Brett Favre will be drafted in all 2010 fantasy leagues before Flacco you can get some really good value on him in rounds 5-7 if you decide to draft backs, receivers and/or a star tight end in the first 4 rounds.

Been arrested for DUI? Contact a drunk driving lawyer for a free consultation before its to late.

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Daytona Beach DUI/Criminal Defense Law Firm

Have you been arrested for DUI in Daytona Beach, Florida? If so, you are going to need a lawyer and Musca Law is your answer.

The attorneys at Musca Law have a proven track record, over 100 years combined experience and offer a free initial consultation to go over your DUI or other criminal charge. They can help you if have been charged with drunk driving in Daytona or elsewhere in Florida. Call 386-341-9882 today to get the process of protecting your rights started!

Although your initial case evaluation can be conducted over the phone, if you prefer to meet in person use the map below for directions:

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Not only can Musca Law help you with your criminal DUI charge, but they have time and time again been successful with administrative DUI charges (early license suspension). You would be a fool not to contact the Daytona Beach DUI lawyers at Musca law for a free consultation if charged with DUI anywhere in Florida. They truly are Florida’s best DUI law firm. Dial 386-341-9882 now.

What is an ignition interlcock device?

An ignition interlock device (IID), aka breath alcohol ignition interlock device (BIID) is a device that requires the testing of a drivers blood alcohol concentration (BAC) to start and continue drive a vehicle. The IID will not allow the car to start if the driver’s BAC concentration is over the programmed limit; which is usually .04 except in cases of multiple DUIs or DUI manslaughter/intoxication assault where the IID may require a .01 BAC or below. The device also requires breath samples at random times while driving to prevent others from taking the test for them.

Will I have to install an ignition interlock device in my car?

It’s unlikely if this is your first offense, but likely if this is your second or greater. Some states have it as possibility for a first offense only if you ,for example, caused injury or property damage, some states such as Arizona, New Mexico, Illinois and Louisiana require it for a first time offense in order to avoid license suspension and other states do not have it as a possibility for a first time offense; as I stated above it is likely you will have to install a IID if you are convicted of DUI 2 or more time. Every state now has it as a possibility for 2 o more offenses. Other states, such as Florida, are now allowing 4th time offenders to drive again with a IID installed. If you have been accused and not yet convicted of DUI/DWI I would recommend you talk to a drunk driving lawyer in your state about your situation.

Do I have to pay to have one installed?

Yes. Installation and other charges can be quite expensive actually. Installation commonly costs around $200 and you will be required to pay a monthly fee of around $100, for any maintenance expenses and calibration fees every 1-2 months of $50 or more. Failure to have the device calibrated at it’s scheduled time can be considered a violation of probation. In some states DUI fees can be applied to the expenses of the IID and in some states they cannot.

The DUI With No Driving – Part 1

 

DUI stands for driving under the influence. However, years ago Arizona, like many other states, changed its DUI laws to cover situations where the person was not actually driving. Instead, to be guilty of DUI, a person just needed to be "controlling" a vehicle. The classic example is the vehicle stopped in the middle of the road and the driver is passed out drunk. That is an obvious case of someone controlling a car without driving.

However, there are many situations, where it is not so obvious that a person is "actually controlling" a car. There has been a growing debate regarding as to what it means to be "controlling" a car in a DUI case. For example, people can legally use their car as a shelter after they have been drinking alcohol.  Someone who sleeps in their properly parked car after getting drunk is not "controlling" their car for purposes of Arizona DUI law. However, if they put the key in the ignition to turn on the air condition, does that action create a DUI? The Arizona Supreme Court Case recently attempted to end the debate in the case of State v. Zaragoza.

Zaragoza was convicted on an Aggravated DUI charge after he was found at an apartment complex:

•    Sitting in his car
•    The engine was off
•    His hand on the wheel, and
•    The keys in the ignition,
•    Alcohol in his system

Zaragoza claimed that he had no intention to drive, but only to sleep in his car. He claims the reason the keys were in the ignition was to roll down the window, and turn on the radio. 

He appealed his conviction based on the argument that the jury was provided inappropriate instructions regarding the law of actual physical control of vehicle.

The Arizona DUI statute does not define what “actual physical control” of a vehicle is, and there have been varying types of jury instructions on the meaning of this phrase through-out the courts. 

The Arizona Supreme Court took this case, and attempted to clarify the law’s definition. They stated that actual physical control has nothing to do with the intent of the driver to move or use the vehicle, but the actual and imminent danger to the him/her self or others at the time alleged to have control. This means that all facts must be looked at together in order to appropriately determine if there was an actual or imminent danger.

The Court also held that in this case, the instructions did not mislead the jury, but that they may have misstated the law. Because of the variations in instruction, and the result of Zaragoza's case, the Arizona Supreme Court decided to provide a new jury instruction for future cases.

The new instruction will be published in Part II of the blog post.

If you need assistance or additional information about an Arizona DUI case, please contact the Koplow Law Firm Online or by phone at (602) 494-3444.

Lawrence Koplow

 

Lindsay Lohan in Jail For Violating DUI Probation

Lindsay Lohan has turned herself in at a Beverly Hills court house  to serve her prison sentence. She remained calm throughout the proceedings, where she was ordered to begin her sentence of 90 days for violating probation on previous DUI and related convictions. TMZ and other media outlets have reported she will likely serve no more than 23 days.

Judge Marsha Revel prohibited photography of Lohan being taken into custody. She will serve her sentence at the Lynwood Correctional Facility, the same lock-up where Paris Hilton did time in 2007 for a probation violation.

Famed attorney Robert Shapiro stepped down as Lohan’s lawyer yesterday for unknown reasons. Shawn Chapman Holley returned as Lohan’s lawyer after resigning from the case earlier this month.

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I was arrested for drunk driving in Chicago. Will I get the bail I posted back?

90% of it. The bond money posted is just a temporary hold until your case is concluded. The same would stand true if you had been arrested for any other crime and been bonded out. In Illinois and many other states the money will automatically go towards your fines if you are convicted or plead guilty. However, I strongly encourage anyone accused of DUI in Chicago to fight the charge. You may not know it, but the prosecution probably doesn’t have enough on you.

Accused of DUI in Chicago or elsewhere in Illinois? Visit the Illinois DUI Attorney directory. Schedule a free consultation and learn the facts about what you’re up against.

Sarasota, FL DUI Lawyers

Have you been arrested for a criminal offense in or near Sarasota, FL? If you have and are feeling confused this is understandable. The best thing you can do is promptly contact a Florida criminal defense attorney. Any questions you may have about your arrest and your options from here can be answered free of charge (in person or by phone) by the Sarasota DUI and criminal defense attorneys at Musca Law.

Musca Law: Sarasota DUI/Criminal Defense Law Firm:

1990 Main St., Suite 750
Sarastota, FL 34236
Phone:  941-309-5231 – Phones Answered 24 hours a day, 365 days a year!
Fax:  866-687-2288
Free consultation!
Directions.

Important: From the time of a DUI arrest in North Port, Venice, Longboat Key, Sarasota or elsewhere in Florida you have only 10 days to schedule a license review hearing. Otherwise your license will be automatically suspended.

Driving While Famous: Why Are More Stars Getting Busted for DUI?

Over the past few months, “American Pie” star Chris Klein, “Melrose Place” alum Amy Locane, Motley Crue’s Vince Neil, “The Hills’” Jason Wahler and Stephanie Pratt, and Joyce DeWitt from “Three’s Company” have joined the ranks of Paris Hilton, Nicole Richie and soon-to-be jailbird Lindsay Lohan, who have been busted for exceeding the legal blood alcohol limit while driving.

So is there a rational explanation behind this sudden surge in sloppy stars getting behind the wheel? Or is it just that there are more strategies now in place to catch them in the act?

“There has been a prominent step up in law enforcement, a lot more people calling in to report drunk drivers and a lot more DUI checkpoints,” Southern California DUI attorney, Neil Shouse, told Pop Tarts. “The California Highway Patrol has also become much more aggressive, and the LAPD has dedicated a lot more of its federal funding to combating the incidence of drunk driving. There is more chance of anyone in metro LA getting caught, not just celebrities.”

A rep from the LAPD confirmed that in recent years the California office of traffic safety and the national highway traffic safety administration have had an increase in funding, and have consequently implemented more DUI and sobriety checkpoints.

Sadly, it is most often these well-paid showbiz types who are not only able to afford to take cabs, but also have bodyguards/assistants/entourages available to chauffeur them. Kiefer Sutherland, for example, who was busted back in 2007 for blowing above the legal limit, declined the offer of a personal driver on the night he was caught.

“Celebrities are now more likely to drink to perhaps escape the daily public scrutiny from their fans and the media,” explained New Jersey attorney, Darren Del Sardo. “The world is fascinated with people of notoriety failing at something.”

According to Ray Campos, DUI instructor/counselor at the East LA Alcoholism Council, excessive consumption of alcohol almost always originates from childhood.

“Celebrities can’t have a social event without alcohol. Alcohol abuse comes from childhood, and it could have been mom and dad, or perhaps their peers, but nobody was born with alcohol in their mouth,” he said. “It’s something you learn, and it’s a behavior, but they should learn to overcome it.”

Yet those with a prominent public profile still continue to take the risk, knowing that it could cost them their career, their life, or the life of someone else. But even if they weighed the prospect of getting nabbed by officials, many are under the impression that their star power is potent enough to negate the law.

“Stars often see themselves as having a sense of immunity and a very dangerous false sense of security,” Shouse noted.

It also seems there are some stars that take a little pride in their county jail mug shot  and the sudden onslaught of attention.

“There is a breed of young star who, seeing the press Paris Hilton and Lindsay Lohan generate from their legal problems, somehow believes any publicity is somehow good publicity,” entertainment reporter Scott Huver said.

However, the troubled Tinseltowner at the center of the controversy apparently isn’t always the only one to be thrust into the limelight.

“An arrest of a celebrity seems to give the officer 15 minutes of fame.  The interest of gaining publicity may also exceed any interest to protect any confidentiality the celebrity may maintain,” said Del Sardo.

Nonetheless, a rep from LAPD assured us that “celebrities are treated just like anyone else.”

“Anyone that thinks about getting behind the wheel and driving should think twice. The message is simple: don’t drink and drive. That applies to everyone, not just celebrities. Everyone, and they’re all treated the same,” said the spokesperson.

Still, Campos believes that, with a few exceptions, if one has the coveted “celebrity status” they are indeed given preferential treatment.

“There are a lot of celebrities that get caught with DUI yet they don’t get punished the same was as a regular guy or regular woman. They’re easy on them,” Campos said. “They should be tougher on them because it could teach them that being in a cell alone is a wake up call.”

One thing is for sure – a DUI in 2010 can have a pretty adverse impact on one’s public persona, and is no longer a laughing matter, a lesson Lindsay Lohan learned the hard way last Tuesday when she was slapped with her own wake up call: 90 days in prison as the consequence of violating her terms of probation stemming from her 2007 DUI arrests.

“There’s an even greater microscope leveled on any star that’s had a brush with the law, with their lifestyles and their sincerity given much greater scrutiny,” Huver added. “Drunk driving has also been taken far more seriously in the past 20 years: gone are the days when Johnny Carson won back his audience’s heart by joking about his own DUI.”

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WKYT: Family is Using Loss to Help Pass DUI Laws

Destiny Brewer’s family is using the loss to urge state lawmakers to pass stricter DUI laws.

The family created an on-line petition and website called Destiny’s Hope that outlines a potential bill they want lawmakers to consider.

It would create more jail time, higher fines, and less driving privileges for those convicted of DUI.

“If we can just prevent one death, it’s worth anything that we can put into it. If we can just save one child’s life, because you know, you can’t put a price on life,” John Evans said.

More than 800 people have signed the on-line petition.

The family plans to meet with local lawmakers later this week.

As DUI laws continue and will continue to pass, hiring a DUI lawyer has become essential after being charged with driving under the influence. Visit www.DUIDRUNKDRIVINGLAWYERS.com to find a lawyer in your state.

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