A 47-year old motorcyclist was killed recently in Riverside County by a 30-year old man suspected of driving under the influence of alcohol.
According to California Vehicle Code Section 23152(a), “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.”
In addition, California Penal Code Section 191.5(a) states, “A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges.”
The at-fault driver has been charged with drunk driving and gross vehicular manslaughter. It would be wise for the victim’s family to consult with a Riverside Personal Injury attorney who has been successful in drunk-driving cases.
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\\ tags: alcohol, attorney, Driver negligence, DUI, fatal accident, motorcyclist, Personal Injury, vehicle accident, victim
A 52-year old deaf woman who was supposed to stand trial a few months ago for a hit-and-run death of a bicyclist in La Quinta was found to be mentally incompetent to stand trial.
Now, it must be determined where to house her. A hearing is scheduled for the end of the month to consider mental health placement recommendations. She requires a sign-language interpreter in court. She was initially charged with felony hit-and-run and misdemeanor vehicular manslaughter in the death of a 56-year old bicyclist last year. He was riding a mountain bike in the bike lane when he was hit by the woman. Witnesses said the driver did not stop at the scene. He died at the scene.
If you have lost a loved one because of another person’s negligence, contact an experienced Riverside Criminal Law attorney who will protect your legal rights.
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\\ tags: attorney, bicyclist, Criminal Law, deaf woman, Felony hit-and-run, misdemeanor vehicular manslaughter, trial, vehicle
Who must yield the right-of-way when two vehicles are approaching an intersection?
According to California Vehicle Code Section 21800(a), “The driver of a vehicle approaching an intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different highway.”
If a vehicle runs a red light, under California Vehicle Code Section 21453(a), he or she is facing a serious traffic violation. The following are a few rules when you must yield the right-of-way at an intersection:
· Yield sign – slow down or stop.
· No signs or signals – yield the right-of-way to a vehicle approaching from the right.
· Stop signs on every corner – yield to the first vehicle that comes to a complete stop. If 2 vehicles stop at the same time, the vehicle on the left yields to the vehicle on the right.
· Want to turn left – make sure approaching traffic passes and all is clear.
· Pedestrians – always yield to a pedestrian.
Remember, signaling does not give you the right-of-way; make sure you have a clear path in front of you before proceeding.
No one should have to pay the price for someone else’s negligence. If you are injured in an accident where the other driver did not yield the right of way, contact an experienced Riverside County Personal Injury attorney who will get you the compensation you deserve.
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\\ tags: attorney, California Vehicle Code Section 21453(a), California Vehicle Code Section 21800(a), motorists, Personal Injury, right-of-way, traffic safety rules, traffic violations
Even though the worldwide web provides more information than ever before, it also provides an opportunity for crime against unsuspecting individuals – including children.
Children who are not monitored while on their computers are exposed to an abundance of potentially risky and harmful activities. Children are exposed to strangers on their computers. We use caution with whom our children play with; we need to use caution with whom our children talk to on the computer. We need to make sure they do not have access to pornography, violent images and especially pedophiles.
California District Attorney Offices everywhere are committed to protecting children from becoming an online victim and from becoming involved in illegal Internet activities. The goal is to reduce the risks of children becoming exploited and/or abducted by Internet predators. The Internet should be a good experience, a learning experience and a place to get helpful information.
There are serious penalties for using the Internet to commit a crime, which include prison. Keep your children safe – monitor their activities.
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\\ tags: attorney, California District Attorney Office, children, con artists, Criminal Law Attorney, hackers, Internet predators
The definition of hit and run is the crime of failing to stop, identify oneself and exchange the necessary information after a vehicular collision. A hit and run may carry criminal charges depending on the damages and injuries. It is the responsibility of every driver to stop when involved in an accident with a pedestrian, a vehicle or someone’s property – according to the California Hit and Run Law.
If you damage a parked vehicle or property and cannot locate the owner, California law requires you to leave a note on the damaged property. You must include your name, telephone number and facts about the accident. You must also file a police report.
A hit and run is usually considered a misdemeanor. This is when there are minimal damage and no injuries. A misdemeanor penalty may carry six months in a county jail, fines and/or victim restitution. When there is serious bodily injury or death, a felony charge is issued. Penalties for a felony charge include several years in prison, thousands of dollars in fines, DMV points and/or license suspension.
If you were charged with a Hit and Run crime, I would urge you to consult an experienced Criminal Defense attorney. If this is your first offense, a good attorney can help you to stay out of jail.
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\\ tags: attorney, California Hit and Run Law, Criminal Defense, injuries, misdemeanor, parked vehicle, property, vehicular collision
California Penal Code 647(f) - Drunk in public” or “Drunk and Disorderly”, is a misdemeanor crime in Riverside and surrounding counties. It is illegal to be under the influence of alcohol, drugs, or a controlled substance in public when an individual cannot exercise sufficient care for his or her own safety by falling down or passing out on the street, or making a nuisance of his or herself.
A public place is outside of a home. Examples include public streets, shopping mall, restaurant or Movie Theater – to name a few.
An individual convicted of this crime can face up to 6 months of jail time for a first-time offense, probation, alcohol treatment programs, and/or fines. The conviction will also become part of the individual’s permanent record. I would suggest anyone arrested for this type of crime to consult an experienced Criminal Defense Attorney immediately.
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\\ tags: controlled substance, Criminal Law Attorney, drugs, Drunk in public, jail time, misdemeanor, Riverside
It never ceases to amaze me when a murder occurs in our pretty, little community. Today, jurors convicted a man of first-degree murder in the shooting of a Cathedral City man during a robbery back in 2006. The man was found guilty on the special circumstances of being a gang member at the time of the murder. The jury was not able to reach agreement on “murder during a robbery” so the judge declared a mistrial on that particular charge. However, they found him guilty of “robbery in the course of the murder” and “felony with a firearm.”
During closing arguments, the Deputy District Attorney, said he admitted to investigators he shot the victim, in the head. He also denied that he was under the influence of methamphetamines, even though, his attorney said he was. All this was done to show what a big man he was to his gang members. The accused attorney claimed he was looking for methamphetamines and not someone to kill. He said the shooting was an accident.
Whether or not the accused was under the influence of methamphetamines is something we will never know. They can do bad things to an individual and if caught with it, the individual will go to jail. Being caught with drugs is a criminal offense and needs the experience of a Criminal Law attorney.
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\\ tags: accused, attorney, Cathedral City, community, Criminal Law Attorney, Deputy District Attorney, first-degree murder, gang member, jurors, law firm, lawyer, methamphetamines, murder trial, robbery, under the influence, victim
Did you know that public intoxication is also known as drunk and disorderly conduct? In many countries, it is a petty crime or a criminal act. Article One of the Constitution of the United States does not give Congress the power to control public intoxication under federal law. Each state has its own alcohol laws.
The California Penal Code 647(f) “considers public intoxication a misdemeanor”. It also states, “Public intoxication is someone who displays intoxication to liquor, drugs, controlled substances or toluene and demonstrates an inability to care for themselves or others, or interferes or obstructs the free use of streets, sidewalks or other public way”.
In addition, local and county laws can restrict hours of alcohol sales. Currently, an individual can purchase alcohol between the hours of 6:00 a.m. and 2:00 a.m. However, in 2009, all states have a minimum purchase age of 21. Since public intoxication is a criminal act, I would suggest anyone arrested for this should contact a Criminal Law attorney immediately.
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\\ tags: alochol, attorney, California Penal Code 647(f), Congress, Criminal Law Attorney, drugs, drunk and disorderly conduct, Federal Law, law firm, lawyer, misdemeanor, Public intoxication, United States
In order for a police radar gun to be accurate, the officer must be properly trained. The road must be flat and straight with good visibility and minimal traffic. Recently, the National Bureau of Standards tested several radar guns and determined that all produced some false signals.
Radar errors are produced because of many factors, which include Panning. Panning occurs when the hand-held gun is swept across the dashboard of the vehicle. Any mechanical interference in the area of the road can throw off the readings. There are many factors involved.
Another factor that can effect the readings on a radar gun is high frequency interference. It is a fact that if someone were to whistle into their CB while operating a speed radar gun, it can create a high frequency sound which can then alter the speed that shows up on the radar gun.
Armed with this knowledge, I would hope that if anyone is stopped for speeding in Palm Springs or anywhere else in the Coachella Valley through the use of a radar gun, they will consider contacting an experienced traffic ticket attorney to investigate their situation.
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\\ tags: attorney, Coachella Valley, Palm Springs, Radar gun, Speeding, traffic ticket
A sexual assault occurs without the victim’s permission and usually involves force or threats. It can be devastating to be a victim of such violence. But a false accusation of sexual offense can be just as destructive, damaging an individual’s reputation more than any other type of crime. A sexual crime involves inappropriate touching, penetration of the vagina or anal area, rape and child molestation. It forces a person against their will to have unwanted sexual contact. Because of the heinous nature of these acts, just the association with this type of crime can leave a stigma that persists through time.
Prosecutors pursue these charges aggressively. Sometimes these charges are false or exaggerated, and made for unknown reasons. A good sex offense defense attorney knows how to do a thorough investigation into the lives of both parties involved. It is the responsibility of the plaintiff to prove he or she was sexually assaulted by the defendant.
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\\ tags: attorney, Cathedral City, Indio, lawyer, Palm Springs, Rape, Sex Crime, Sexual Assault
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