September 25, 2017

Driving Under The Influence In California

Driving under the influence of alcohol or any illegal substances is never a good idea. You are not just putting yourself in danger. Do not forget about your passengers, other drivers, and pedestrians – they are all at risk as well. Driving under the influence in the state of California is even worse, since the state applies some harsh legal penalties to DUI drivers.

When a person is charged with a DUI in California, there are two basic things that the prosecution will need to prove beyond any reasonable doubt. First of all, whether a person was actually driving under the influence of alcohol or drugs and second – whether his or her BAC (Blood Alcohol Content) was equal or surpassed the .08% threshold. While these two things may seem to be quite easy to prove, in truth, it is a whole lot more challenging.

First, the prosecution will need to prove that a person was actually operating the vehicle – driving it during the time of the accident – and while it may seem like the simplest task, it really is not. Of course, in some cases, the law enforcement officer was present at the scene and actually witnessed how the offender was operating the vehicle. In this case, the officer will be summoned to court to prove this. However, this is not always the case. At times, the law enforcement officers arrive on the scene after the accident took place and therefore cannot say for certain if the offender was actually operating the vehicle.  They were called by witnesses who claim they may have seen how a person was operating the vehicle under the influence of alcohol. Of course, proving the driving factor will be a whole lot more challenging in such a case and both the defense and the prosecution could use this fact to their benefit.

The next thing that the prosecution will need to prove would be the fact that the offender was actually driving under the influence of alcohol or some kind of illegal substances, nd this is where things could get tricky. After all, under the California laws, driving under the influence may occur if a person’s mental and physical abilities are affected by alcohol or drugs in such a way that they are no longer capable of controlling their actions, make responsible decisions and act as a sober person would in the very same situation.

The prosecution will try and prove that you were under the influence of alcohol or illegal substances through the arresting officer’s testimony. He or she will tell the court about how you were operating the vehicle, how you acted on the road, and what your reaction was when you were pulled over. Furthermore, the arresting officer will elaborate more on your ability to answer his or her questions as well as to perform the field sobriety tests. Finally, the prosecution will also want to demonstrate the BAC test results that would indicate that your Blood Alcohol Content was equal or surpassed the .08% legal threshold.

Needless to say, every single DUI case is different and this is one of the many reasons why you should get in touch with a qualified, experienced Sacramento DUI attorney to ensure you are not be facing the harshest legal penalties. And these could be quite severe indeed – expensive fines, pricey insurance, mandatory alcohol or drug awareness classes, the need to perform community service, installation of an ignition interlock device in your vehicle, as well as time in county jail or even state prison, depending on how severe the offense was.

Only a professional Sacramento criminal attorney will have what it takes to approach every different case in an individual manner, taking into consideration all the factors and all the evidence, and using all the available facts to your favor. If you or your loved ones were charged with DUI and you are already doing your very best to ensure you get proper defense, we simply cannot help but recommend that you get in touch with the best lawyers out there as soon as possible, thus giving yourself a fighting chance at winning the case or at least minimizing the sentence.

John Williams, ESQ
The Sacramento DUI Specialists

August 30, 2017

Driver Arrested After a Fatal DUI Accident

The law enforcement authorities reported that a drunk driver was arrested for a case of gross vehicular manslaughter. The driver was driving at a very high speed and lost control, heading straight into oncoming traffic. This resulted in a head-on collision and the driver caused a fatal accident.

According to a witnesses, the offender was speeding at 80 mph in a residential area. The driver of another vehicle was killed on the spot. The offender was fine – he only fractured his leg and received a head trauma. He was then taken into custody by the law enforcement officers who arrived on the scene. The offender was found to be driving under the heavy influence of alcohol.

There are two main categories for vehicular manslaughter while driving under the influence – with gross negligence or without it. The California Supreme Court defines gross negligence as: “gross negligence is the exercise of so slight a degree of care as to raise the presumption of conscious indifference to the consequences……The test is objective: whether a reasonable person in the defendant’s position would have been aware of the risk involved.” If an individual was convicted for gross vehicular manslaughter, he or she may be facing from 4 to 10 years in a state prison. If a person was convicted for intoxicated vehicular manslaughter and without any gross negligence, he or she may be sentenced to up to one year in a county jail if it is a misdemeanor. If it is a felony, the individual will be sentenced to up to 4 years inside the state prison.

When trying to figure out if gross negligence was involved in an accident, the court takes several factors into consideration. These will include the blood or breath alcohol test results, the way in which the driver was operating the vehicle, and whether or not the individual was previously convicted for a DUI offense. For the above-mentioned case, the very fact that the driver was driving at a high speed in the residential area is going to play a major role in the prosecution’s strategy.

Driving under the influence of alcohol or any drugs is never a good idea. After all, you are not just putting your own life in danger, you are also endangering the lives of people around you – your passengers, other drivers, and even pedestrians.

Law enforcement authorities are not taking DUI offenders lightly. On the contrary, they are using harsh legal penalties to ensure that such accidents don’t take place in the future. Hence, the legal consequences may be quite severe and it doesn’t really matter if it is a major felony or a misdemeanor. One way or the other, you are going to lose your driver’s license, you are going to have to pay expensive fines, and you will need to attend DUI classes as well. Furthermore, you may be sentenced to community service and sent to county jail or state prison, depending on how harsh the accident was.

Even if you were in a DUI accident, there is still a chance that you will not have to face all of the above-mentioned consequences at once. You only need to get in touch with a qualified, experienced legal professional to make the most from your defense.

John Williams, ESQ
The Sacramento DUI Specialists

August 11, 2017

Suspected Drunk Driver Killed a Rapper

Dewayne Coleman – popular rapper who was also known as MC Supreme – was killed by a person suspected of driving under the influence. Coleman was with his female passenger, sitting in the parked car, when a pickup truck hit them. Coleman’s car then flipped over and fell on the embankment above the beach. The female passenger was also injured in the crash. The pickup truck went on and slammed into yet another parked vehicle. The driver of the pickup truck was only slightly injured and was afterwards for suspicion of driving under the influence and vehicular manslaughter.

While the whole situation was nothing less than tragic, the public’s reaction to it was quite interesting and a bit controversial. Of course, when something like this happens, the first response is purely emotional. Yet, some people are going too far, saying that the suspect should have died in the accident and that the world would really be a better place without him. While it is understandable, let us not forget that the simple fact of presumed innocence is still strong in this country. We do not know whether he was submitted to a blood test or if he driving under the influence to begin with, so let us not jump to any conclusions.

There are also people who just wait for something like this to happen so they can tell us that the legislation on driving under the influence is far too mild and that the penalties should be even more severe than they already are. However, just hold on for one bit – the legislation here is already as harsh as it can be. Miranda Rights are not necessary whenever a DUI offender is arrested: he or she does not have the right to an initial consultation with an attorney. In addition, the DUI offender does not have the right to refuse blood or breath alcohol tests. Furthermore, if there is a warrant, the police will get it done right away. Every individual convicted for driving under the influence must attend special alcohol awareness classes for nine months. If a person or perhaps a group of people were injured or someone died in the accident, there is a pretty solid chance that the defendant will go to prison for many years.

Some are not criminals at all. They simply made some bad decisions. And even if no one got hurt, they will still be prosecuted, but they will learn from their mistakes and will not drive and drink again.

Keep in mind that the law enforcement authorities in some places are more severe and are prosecuting people even if their BAC is slightly below 0.8. Hence, people with 0.7 and even 0.6 BAC are suffering because of those legal penalties as well. If you were prosecuted for DUI, there is pretty much no going back at this point. You are likely to lose your job, your reputation will be ruined, and you will lose your driving license for a very long time.

While drunk driving is unforgivable, it does not mean that everyone driving under the influence of alcohol or drugs can be deemed as actual criminals. Plus, you know just how hated lawyers are – they protect the rights of DUI defenders. And while it is completely understandable, let us remember one more time about the presumption of innocence and all the legal instruments that we now have to sort the matter out in the very least time possible.

DUI charges can be harsh and pretty detrimental for one’s life. So, if  you or your loved ones were charged with driving under the influence, it is best to get in touch with a qualified, genuinely experienced DUI attorney as soon as possible.

John Williams, ESQ
The Sacramento DUI Specialists

January 31, 2017

Marijuana Driving: Now Legal In California

We all live in a modern society that is slowly and yet inevitably getting rid of all the superstitions as well as prejudice. However, some things still remain unclear. For instance, why are alcoholic beverages as well as cigarettes that contain nicotine are available in just about every store, whereas cannabis that is far from being as detrimental as the above-mentioned substances, is still mostly illegal. After all, alcohol consumption does not only ruin one’s life – it easily ruins the lives of his friends and loved ones. And nicotine is one of the most addictive drugs out there and one that will not let you go easily. On the other hand, we have cannabis. Sure, it has psychotropic effects, but it will not send you to Valhalla, unlike alcohol and will not destroy your lungs completely like nicotine.

One way or the other, the recent news are actually booming with news on marijuana legalization in California. California used to be a state where medical marijuana was legalized long ago and now the state went even further. Although some people may see it as a negative thing, others indicate that after marijuana was legalized in other states, the number of marijuana driving accidents decreased significantly and this really gives hope that it will also be a factor in California.

Nevertheless, California has some very strict laws that refer to driving under the influence of alcohol or any type of psychoactive substances. Yet, there is a nuance – the law does not specify how much cannabis is allowed in one’s blood while he or she is operating the vehicle. Furthermore, it is pretty problematic to establish that limit. Hence, the attorneys are reminding that the DUI laws in this case fall under the “driving with the caution of a sober person” characteristic.

Marijuana Breathalyzer

Yet, a number of states managed to implement the special THC testing that is meant to determine if a person is “driving under the influence of marijuana”. Still, those limitations are actually ridiculous – the amount allowed THC in one’s system is so insignificantly low that it cannot even be distinguished from residual THC after using marijuana in the past. However, California intends to come up with a new kind of testing that will allow to get better and fair results. The initiative is yet to move forward for now. One thing is clear – it is absolutely, 100% legal for a medical marijuana cardholder to be driving around with cannabis, as long as he or she is not driving under the influence of that very substance.

There is also another side of the coin – in San Diego, for instance, the law enforcement authorities are actually boasting that their marijuana DUI conviction rate demonstrated a near 100% increase. In addition, they received nearly $300 000 in fines. Scientists there are also claiming that consuming marijuana in any amounts and then proceeding to operate a vehicle is absolutely detrimental and should be prohibited. Yet, other theories exist as well and they are even delivering some evidence, which is pointing out that driving under the influence of marijuana is even safer than without it.

Contact Us

Sure enough, whether you are going to get in trouble while driving under the influence of cannabis is completely up to you and your very own manner of driving on the road. It is very important, crucial even, to make sure that you are not speeding, not running the traffic lights and not changing lanes frantically, since those are the most common reasons for car accidents around the country.

Although driving under the influence of cannabis is clearly controversial, some things are far more dangerous for drivers/ For example, the official statistics demonstrate a disturbing tendency – more and more people across the nation are injured or even killed because a driver was texting or talking on his or her phone while operating the vehicle.

One thing is certain – Uber is going to make more money, since more and more people will need to use its services. Furthermore, more and more people will prefer to get a cab instead of Sacramento DUI charges and taxi services are also going to increase their profits.

John Williams, ESQ
The Sacramento DUI Specialists

January 11, 2017

Preliminary Hearing And Everything You Need To Know About It

Before you are going to get to the trial, you are going to go to the preliminary hearing. This basically implies that you are going the trial that will take place before the actual trial. During the time of that hearing, the judge will not be establishing if you are guilty or not. The preliminary hearing is meant to discover if there is enough evidence to go to the trial in the first place. The judge is going to use the so-called “probable cause” standards in order to determine if the case is eligible for the trial. There has to be enough evidence to present to the jury.

Hence, the judge will need to review all the evidence that is going to be provided by the prosecutor. It is the job of the prosecutor to demonstrate that there is evidence pointing out the need for the case to proceed to the trial. The prosecutor will be using all the available evidence, including witness testimonials, police reports as well as any available physical evidence too. On the other hand, your legal representative will need to prove that there is not enough evidence for the case to go to trial. Hence, the lawyer will be able to use witness reports as well, physical evidence and any other crucial facts. Needless to say, not every single case will go to the trial, especially in case that we are talking about a serious felony. There is also the possibility that the jury will resolve the matter and will decide whether the case will need to go to the trial. Finally, do not forget that a plea bargain may help you deal with the matter properly. A good plea bargain may be a better option indeed.

Sure enough, the rules of preliminary hearings may differ from state to state, but one thing is common for every single state – preliminary hearing offers the one of a kind possibility to get the case dismissed before it goes to trial. Therefore, in case that you are hoping to avoid going to trial and wish to minimize the legal damage, you will need to act quickly. This means that you will need to get in touch with a qualified as well as genuinely attorney at the earliest opportunity. A good lawyer will be able to get things done properly – he will know how to approach the judge, the prosecution and the jury if necessary.

Furthermore, avoid using the services of a state attorney – these guys simply do not have the time to devote to your case. A professional lawyer specializing in Sacramento DUI will be able to invest all of his efforts into the case and will make sure that he will do his best in order to get the case dismissed or reduce charges before the trial. He will use the preliminary hearing in order to make the most from your defense and will help you the most.

The Sacramento DUI Specialists

December 13, 2016

Dealing With Serious Traffic Violations

Sure enough, seeing just how many vehicles are driving around the roads and highways all over the nation, it is only natural that traffic violations occur every single day. Hence, it is very important, vital even, to know about the types of traffic violations as well as the most effective ways to protect yourself from them, especially in case you or your loved ones are facing some genuinely serious charges.

With that said, traffic violations have but a single purpose – to protect people from unsafe driving by penalizing them for endangering themselves or people around them. Practice shows that people are less inclined to commit such violations in case they are fearful of getting caught. And vice versa – people are not hesitant to violate traffic regulations in case they are certain that the police will not get them. Here are some examples of the types of traffic violations that will provide you with a better understanding of the notion itself.

First of all, there are two general kinds of traffic violations – moving and non-moving ones. Needless to say, moving violations are being committed when the vehicle is in motion. These may include running the red light, speeding and even driving under the influence. Faulty equipment as well as parking infringements may result in non-moving violations. These generally include excessive muffler noise, broken taillights, parking in the non-parking zone, parking in front of a fire hydrant and so on.

A lot of people do not realize that, but the parking tickets that they get are simple minor offenses. These are also known as infractions. These infractions do not imply any criminal charges and you will not risk facing jail, you will not need to be trialed by jury – you will only need to pay small fines and nothing more.

On the other hand, there are also the speeding tickets. Now, these are totally different and may easily involve expensive fines, trial by jury as well as even jail time in some more serious cases. Speeding tickets are issued for what is known as the “strict liability” offense. This means that an individual will be convicted regardless of whether he had any criminal intents or not. The only thing that is necessary to convict him or her is the fact that the act was committed. These offenses may well include:

  • Turning into the incorrect lane
  • Failing to yield to other vehicles
  • Speeding
  • Not using the turn signals properly

Of course, some of the traffic violations are a whole lot more serious than others. Some of those are much more serious than the simple infractions and may well be viewed as misdemeanors or even felonies, depending on the circumstances of the violation.

First and foremost, excessive speeding as well as reckless driving are most certainly serious traffic violations. Reckless driving implies that a person was willfully and knowingly driving in a way that was endangering other people around him – other drivers, their passengers as well as the pedestrians. Even though speeding on its own is not reason enough to charge a person with reckless driving, in case that person was speeding AND driving in an aggressive manner, frantically changing lanes, ignoring traffic lights, driving on the wrong side of the road and so on, he or she may be convicted in line with some serious charges. In case you will be convicted for reckless driving, there is a chance that this conviction will remain in your criminal records, you will lose your driving privileges and will be sentenced to spend time in county jail.

In addition, do not forget that driving around without the insurance is also a serious traffic violation as well. Hence, in case you will fail to present the insurance to the law enforcement officer that pulled you over, you will risk losing your driving privileges and will get a traffic ticket. However, depending on the location where you were pulled over, there is a chance that you will be able to avoid the most serious penalties by proving that you actually have the insurance within a certain amount of time. Still, failing to present insurance on the spot may imply hefty fines and traffic tickets as well.

Moreover, do not forget that it is also to carry your license with you all the time as well. However, when it comes to lack of license, there are two types of violations as well – correctable one and the willful one. In case you simply forgot your driver’s license home, you will get a so-called “fix it” ticket, which implies that you will need to prove that you have it within a certain amount of time. Yet, in case you were driving with a suspended or revoked license, it will be a willful violation. In most cases, the license is suspended or revoked due to DUI charges and this means that you are breaking the law. Hence, you may be arrested, taken into custody and charged with a misdemeanor offense.

Sure enough, in case you or your loved ones were charged with a serious traffic violation and you do not want to lose your license or get a criminal record, it is important to use your legal right for an attorney and to get in touch with a qualified as well as genuinely experienced Sacramento criminal defense attorney at the earliest opportunity. Call our law offices at (877) 870-4087 or fill out online contact form.

The Sacramento DUI Specialists

 

October 19, 2016

Prescription Drugs In The Modern Society

Illegal drugs were always deemed as somewhat of a curse of the lower class members of the modern society. People are used to believe that these drugs are used only by those individuals, who have very poor living conditions and by those who no longer may be considered people at all.

Well, it is pretty ironic, seeing how the drugs that are now being deemed as illegal were sold in pharmacies all over the nation only over a century ago. That is right – cocaine, morphine, heroine – all of those terrible, detrimental as well as habit forming drugs were used as painkillers and nerve calmers. Doctors used to prescribe those drugs to a large number of patients and their side effects were all considered relatively few and mild. Then again, there was time when the doctors were sure that cigarette smoking helps you in clearing the lungs. As a result, the society was creating new drug addicts who could not live without a new dose of their favorite remedy. And of course, being under the influence of drugs while driving, it is considered as DUI offense.

With that said, it just goes to show that even the most qualified and experienced healthcare professionals can be wrong as well as genuinely negligent. Unfortunately, people these days are also suffering from a similar situation. We are, of course, talking about all sorts of prescription drugs that results in hundreds of deaths every day.

Indeed, these days it is quite fashionable to be using prescription drugs. Just about every single housewife is using Xanax to “calm her nerves”. Everybody is doing it, so why not try. After all, those prescription drugs are often used by the society’s pop idols along with things like Vicodin, Oxycodone and OxyContin. Young people are attracted by those “remedies”, since their idols are constantly saying that they would not be able to live without those.

Are Prescription Drugs Problem To The Society?

However, those prescription drugs are not only the problem of the modern generation. Too many senior individuals have a habit of misusing their prescription drugs. The official statistical data clearly demonstrates that nearly 300 000 elderly people are misusing prescription drugs and this causes significant health related problems. Too many healthcare professionals are either too negligent or unwilling to look for more complex ways of dealing with health related issues. Instead, they are prescribing all those drugs in order to deal with a huge variety of conditions – from joint pain and up to depression.

So what are the main factors that lead to heavy drug abuse as well as consequent addiction? Who is to blame and what may be the solution to this genuinely disturbing problem?

Well, first of all, those drugs are readily available in just about any pharmacy on the market. Once again, the doctors are quite quick at prescribing the drugs even to those people, who do not need them as badly. And the people themselves are led by a simple logic – the drug was prescribed by a healthcare expert, it was issued to me by a pharmacist, so it must mean that the drug is 100% effective and safe.

Furthermore, you will be genuinely surprised after you will find out just how many senior individuals are suffering from severe prescription drug addiction these days. With age, people are starting to suffer from all kinds of pain that may make your life unbearable. Of course, you will go to the doctor in search for help. Too bad that most doctors will not be looking for serious ways of helping you and will stick to the more immediate solutions. Elderly individuals are getting prescription drugs, but over some time their organism develops a tolerance, so they need higher doses of the drugs in order to feel good, which leads to severe addiction – it is very disturbing, since all illegal substances work in this way.

Prescription drugs may prove to be genuinely dangerous for the people, who never used to think of themselves as drug addicts. For example, OxyContin or simply Oxy was known as the “hillbilly heroin”, since it was used by a number of Appalachian communities. It was one of the largest problems for the law enforcement authorities. However, over time, Oxy became more expensive due to bigger demand. Yet, a lot of Oxy users figured out that heroin has the absolute same effect, but does not cost as much. Hence, Oxy turned into a real gateway drug for people, who were successful in the community. We are talking about attorneys, law enforcement officers, doctors. When some of those people were in the detox they were asked how they come to this and why they started using heroin in the first place? The answer was simple – prescription drugs were at the root of the problem.

What Is Triplicate Prescription Program?

A lot of governmental authorities were trying to handle the issue, but California went a bit further – the Triplicate Prescription Program (TPP) was created back in 1939. It was collecting information regarding the so-called Schedule II drugs. These are the most common prescription drugs, such as Vicodin, OxyContin, Hydrocodone and others. In 1999 the CURES program replaced the TPP initiative. CURES (Controlled Substance Utilization Review and Evaluation System) is a special database of all Schedule II-IV controlled prescription drugs. Furthermore, California Prescription Drug Monitoring Program (PDMP) was introduced in 2009 as a client oriented component of the CURES> Both programs are meant to fight against prescription drug abuse and to serve as the most reliable sources of investigative as well as research information regarding prescription drugs in California.

One way or the other, if you are going to be willing to look a little bit closer to the issue – the problem of prescription drug abuse in America, you will be able to understand that it is largely based on all the core American values – we are all used to finding quick solutions to our problems and we are looking for the most rapid and convenient results. This, however, does not justify all the means we deem as necessary.

John Williams, ESQ
The Sacramento DUI Specialists

September 12, 2016

What You Need To Know About DUI In Sacramento, California

The long and hard day is finally over, so you are driving your car home dreaming about how you are going to fall asleep in your bed. You take a quick look in the rear view window. A police car is appearing from some distance. Of course, the very first thing that you are going to do is checking your speed. Well, nothing wrong here – you are not surpassing the allowed speed limit. Still, you do not want to leave the things to chance, so you put both hands on the wheel. You were not texting while driving, you have a hands free phone in the car. Everything seems to be fine, so there is absolutely no reason to worry about anything.

Yet, you have forgotten to fix the broken taillight and you only realize it when the police car start signaling you with flickering lights. While you are pulling over to the side of the road, you are trying to remember if everything is in order. Now where did you put your driver’s license again? Is the registration fresh? And what about the insurance? Then your heart starts pounding – you were drinking with your friends tonight. Of course, it was only a couple of beers, but you do not remember what is the legal alcohol limit in Sacramento, CA. You try to explain the situation to the law enforcement officers, but the only thing that they really trust is the breathalyzer. And it already indicates that you were actually drinking and your BAC (Blood Alcohol Content) surpasses the established .08% limit. Hence, the officers are acting in line with the law and arrest you for driving while impaired.

With that said, a lot of people believe that they are only going to be stopped for a DUI check in case they will be frantically driving their vehicles. Other individuals get goosebumps only if they hear about an approaching Sacramento DUI checkpoint. Truth be told – it is the little things that may well get you in trouble. Speeding, ignoring the stop signs and even broken taillights may well have you being pulled over by the law enforcement officers, who are consequently going to establish that you were drinking and will have you arrested for DUI.

No doubt, if you are arrested for DUI, you are going to panic. After all, even if it is your first DUI arrest, chances are, you already heard about the possible consequences as well as legal penalties that may well be waiting for you. We are, of course, talking about losing your driving privileges, having to pay expensive fees and fines, community service, alcohol awareness classes, installation of an ignition interlock device in your vehicle as well as even possible jail time in county jail.

One way or the other, the very first thing that you will want to do in case you were charged with driving under the influence of alcohol, is getting in touch with a qualified as well as genuinely experienced attorney. The matter is very serious and you will require expert advice on this one.

There are some things that really matter in cases like this. First of all, you will need to understand whether or not you were legally pulled over. Did the law enforcement officers have the right to stop you? Did they have a reason to? In case there was no reason to pull you over and the law enforcement officers did so nonetheless, any evidence accumulated during this arrest will not be viable in court.

Once you are pulled over and if the officer has reasons to believe that you were drinking, he or she will ask you to step out of the vehicle. This is when the officer is going to be looking for any signs of alcohol intoxication. We are talking about things like unfocused eye contact, slurred speech and so on. The officer may also ask you to submit yourself to the sobriety tests.

It is very important to know that in California, unlike in many other states, in case the law enforcement officer would like you to take the breathalyzer test, it is obligatory for you to submit it or you will have to go to the police station. This is due to the fact that in California you are automatically agreeing to submitting to such tests when you are getting your driver's license. Hence, in case you will refuse, you may lose your license for up to seven months. Furthermore, if it is your second DUI offense and you refused to take the test, your license will be suspended for up to a year.

First time DUI offenders risk having to pay up to $1000 in fines, losing their license for up to 3 months and even having to spend up to 30 days in jail. In addition, there are certain additional fees as well and you may end up paying a lot more.

One way or the other, if you were charged with DUI, you will need to find an experienced lawyer, who had to deal with cases like this one before and who will know how to handle the judge and the prosecutor. Hence, it will be your number one priority to find a great attorney to represent you in court of law.

If you were arrested and charged with drunk driving in Sacramento, Sacramento DUI Specialists will help. Contact Sacramento Drunk Driving Attorney for your free case evaluation.

September 1, 2016

Is Increasing the Number of DUI Checkpoints in Sacramento Will Be an Effective Solution?

No doubt driving under the influence of alcohol or any kind of illegal substances is never a good idea. Aside from the fact that you are going to be endangering your life and the life of your passengers, you are also going to be posing a threat to all the drivers around you and their passengers as well.

With that said, the official statistical data is sadly offering very disturbing numbers. Sacramento DUI accidents are on the rise as more and more people these days are neglecting their safety and the safety of others around them and are more interested in driving while impaired than ever before. They are not even frightened by the possible legal consequences. Speaking of which – DUI crimes, no matter whether it is a misdemeanor or felony, are punishable by some harsh legal penalties.

That is right – in case you or your loved ones were charged with driving under the influence of alcohol, you should prepare yourself for expensive fines – thousands upon thousands of dollars from your pockets. You also need to be prepared to fight for the right to keep your driving privileges and you will have to resolve this issue with the Department of Motor Vehicles (DMV). In addition, you may be required to perform community service and, more importantly, install an ignition interlock device inside your vehicle. Finally, there is also a chance that, depending on the circumstances of the crime, you will be sentenced to spend time in county jail or state prison.

Obviously, the number of DUI accidents is higher than ever during the holidays. Here, in Sacramento, the authorities are deeply disturbed with the official statistical data and are inclined to do something about it. Hence, you will be seeing a whole lot more of law enforcement officers patrolling the streets and the highways these days. It is not the only measure that is aimed at preventing more Sacramento DUI crimes from taking place. Indeed, the number of DUI checkpoints is also going to be increased.

Therefore, the law enforcement officers will be pulling people over and, in case the driver will not be able to present his or her driver’s license or the law enforcement officers will have reasons to believe that the driver is operating the vehicle under the influence of alcohol, he or she is going to be apprehended.

The authorities are already claiming that such a serious approach is very effective. The number of DUI victims and DUI accidents in general dropped down, which is of course an amazing outcome and therefore the number of the policemen who are going to be working is going to increase.

Although such a decision may prove to be somewhat controversial, it is save to safe that these safety measures are important nonetheless. After all, a lot of people are not thinking about their safety and the safety of other individuals on the roads around the nation. Perhaps Sacramento will prove that only harsh measures are effective when it comes to dealing with the DUI offenders. In fact, the law enforcement authorities are already reporting that the number of arrested DUI criminals is already higher than ever. Perhaps it is because of the holidays or maybe due to the fact that the number of Sacramento DUI checkpoints increased significantly over the past few weeks – who is to say.

One thing is absolutely certain – people need to be more self-aware and drink less during the holidays. Even if you are already drunk and you need to get home, do not use your vehicle – it is best to call a cab or a designated driver to get you home safely and without any detrimental consequences for yourself and other people around you. Holiday season is very tempting in terms of alcohol drinking, but on must not allow the urge to drink to best his mind and cloud his judgement.

John Williams, Esq.
Law Offices of Sacramento DUI Specialists

August 3, 2016

Tom Hanks And Rita Wilson Were Charged For Their Son’s DUI

One of the most popular and talented actors in Hollywood, Tom Hanks, along with his wife Rita Wilson were recently charged for a rear-end collision. However, this is not the most peculiar thing – the most interesting thing is the fact that the actor and his wife were not directly involved in the accident at all. They were charged for their son’s DUI.

The plaintiff himself, Terry Moogan, has filed all the necessary court papers against Tom Hanks and his wife, claiming that they were negligent and in their negligence allowed their son, Chet Hanks, to driver their vehicle. This is despite the fact that they knew that Chet was a known alcohol as well as drug abuser. Hence, the suit is basically indicating that Tom Hanks and Rita Wilson knew that their son Chet is a drug user and abuses alcohol, but negligently permitted him to drive their car anyway.

In addition, Moogan claims that he did not only suffer from a whiplash, but also had a brain trauma when he hit the dashboard upon collision. Furthermore, Moogan is also claiming that Chet Hanks was driving under the influence of alcohol, despite the fact that Chet was not formally charged with DUI and the law enforcement officers were not called to the scene in order to file a report.

Chet Hanks Is Now In Trouble With The Law

Chet Hanks is also known as an aspiring rapper Chet Haze. He admitted that he had drug related problems in the past on numerous occasions. In one of his videos posted on Instagram last fall, Chet admits that he was “…doing coke until I couldn’t even snort it up my nose anymore because it was so clogged”. However, later one, he reported that he was in rehab and that things are getting better for him. In addition, not that long ago, he reached his 6 months sobriety mark.

Even though Terry Moogan filed a lawsuit, there a huge chance that it will be simply dismissed and for a number of reasons. First of all, due to the fact that Chet Hanks is 25 years old. Of course, in case Chet would be under 18 years of age, there could be a chance to pursue his parents for negligence.  Parents are responsible for being negligent, in addition, they would be responsible in case their child was driving under the influence of alcohol or illegal substances. However, the owner of the vehicle will be held responsible for their children’s actions only if they are under 18 or in case they are over 18 years of age, but are still dependents.

Will Prosecution Go Forward With Chet's DUI Charges?

Despite the fact that is it still not entirely certain if Chet Hanks is still dependent or not, the fact that he is an aspiring rapper will also work towards undoing the claim.

Finally, and this is the most important part, the fact that Chet Hanks was not accused of driving under the influence of alcohol and the fact that the law enforcement officers were not called on the scene to document it, is going to work against Moogan in court, making it all the more difficult to pursue his allegations.

The DUI charges are very serious, even it is a misdemeanor DUI and a first-time one. One way or the other, the DUI offender will need to face some genuinely harsh legal penalties. Here is a list of possible punishment for first-time and consequent DUI charges to provide you with a better understanding of how serious these may really be:

First-time DUI:

  • Up to 6 months of jail time depending on severity of the offense
  • Up to $1000 in fines and additional penalties
  • Suspended driver’s license for up to 6 months. In addition, the license may not be restored unless you have proven that you are financially responsible and have also completed the state-approved “driving under the influence” program
  • Depending on the circumstance of the crime, an ignition interlock device may be required for the offender’s vehicle. This device will be installed at the offender’s own expense

Second-time DUI:

  • Up to a year of jail time depending on the severity of the offense
  • Up to $1000 in fines and additional penalties
  • Suspended driver’s license for up to 1 year. In addition, the license may not be restored unless you have proven that you are financially responsible and have also completed the state-approved “driving under the influence” program
  • Depending on the circumstance of the crime, an ignition interlock device may be required for the offender’s vehicle. This device will be installed at the offender’s own expense

Third-time DUI:

  • Up to a year of jail time depending on the severity of the offense
  • Up to $1000 in fines and additional penalties
  • Suspended driver’s license for up to 2 years. In addition, the license may not be restored unless you have proven that you are financially responsible and have also completed the state-approved “driving under the influence” program
  • Depending on the circumstance of the crime, an ignition interlock device may be required for the offender’s vehicle. This device will be installed at the offender’s own expense
  • The state is going to consider the offender “a habitual traffic offender” for three years

Fourth-time DUI:

  • Up to a year of jail time depending on the severity of the offense
  • Up to $1000 in fines and additional penalties
  • Suspended driver’s license for up to 3 years. In addition, the license may not be restored unless you have proven that you are financially responsible and have also completed the state-approved “driving under the influence” program
  • Depending on the circumstance of the crime, an ignition interlock device may be required for the offender’s vehicle. This device will be installed at the offender’s own expense
  • The state is going to consider the offender “a habitual traffic offender” for three years

As you can see, the penalties are very serious and may have a detrimental impact on your life, so it is best to get in touch with a qualified as well as genuinely experienced DUI attorney at the earliest opportunity. You can contact us 24/7 at (877) 870-4087

Sacramento DUI Specialist John Williams, Esq.
Law Offices of Sacramento DUI Specialists