Sep 22

A 47-year old man out for a ride on his motorcycle in Riverside County was killed by a suspected drunk driver in a pickup truck.  After the incident he was taken to a nearby hospital where he died shortly after.

 

California Vehicle Code Section 23152(a) states, 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.”

 

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 30-year old driver was charged with drunk driving and gross vehicular manslaughter.

 

If the driver is found guilty of these criminal charges, he can be held civilly liable for the victim’s wrongful death.  The family should contact an experienced Riverside Personal Injury attorney who will fight for the rights of the family and the victim.

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May 20

The Palm Springs community is a big tourist town – not to mention all the college students that hang out there on the weekends and during school breaks.

 

On most Friday and Saturday nights the sidewalks are filled with people from all walks of life – many with a quest to quench their thirst.   Palm Springs has approximately 200 bars and restaurants that serve alcohol.  That’s more than most of the surrounding cities combined.

 

Unfortunately, all this drinking turns into bad news for some – drunk in public, drinking and driving, accidents and death.  Statistics show that cities with a population of less than 50,000 people, Palm Springs has ranked #1 for the highest number of DUI crashes since 2000.  Residents have complained that the number of liquor licenses has contributed to alcohol-related crashes and crime.  The city has spent more than any other city on DUI enforcement - $800,000 over the past ten year.

 

If you have had too much to drink, please find a designated driver – do not get behind the wheel.  If, on the other hand, you think you’re okay to drive and get into an accident and injure someone, I advise you to contact an experienced Riverside Criminal Law attorney who will listen to your story and protect your rights.

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Feb 02

As Super Bowl Sunday approaches, let me remind all of you not to drink and drive on that day or any day.  I know as well as the next guy that while watching the game, you will consume a drink or two, maybe more.  

So, if drinking is going to be included in your day on Sunday, please ask someone who has not been drinking to take you home after the game.  Why get drunk?  Make sure you eat food during the day and drinking water or iced tea will help to keep you sober.  By having a designated driver, you may save not only your life, but others on the road.  Remember, be smart and stay safe.

It has been stated that Super Bowl Sunday is one of the deadliest alcohol-related accident days of the year.  If you are hosting a Super Bowl game party, I urge you to make sure none of your guests leave drunk and certainly do not drive.  You may be held liable if there is an accident.

If you are the victim of a drunk driver, contact an experienced Riverside County Criminal Law attorney who can advise you on the possibility of suing the person who caused you damages.

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Jan 03

The Coachella Valley had more DUI arrests during this holiday season than it has seen in the past four years, according to reports from the California Highway Patrol.  It was reported before the Christmas holidays that DUI checkpoints would be set up throughout the area.

The California Highway Patrol’s “maximum enforcement period” lasted a little more than two days this year.  In this short period, there were 17 arrests made – 7 more than last year when the maximum enforcement period was 3-1/4 days.  However, there were only two accidents related to drinking this year with one person being injured.

Drinking and driving is a serious crime in the State of California.  If you were one of the unlucky ones to be arrested, I urge you to contact an experienced Riverside County Criminal Law attorney who will fight for you and try to get you a reduced charge.

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Dec 03

The Thanksgiving holiday weekend kept the California Highway Patrol busy this year.  Even though the number of drunken-driving arrests was down, 672 motorists received traffic citations in Riverside County this year – compared to 580 last year.  According to CHP, 47 motorists were arrested on suspicion of driving while intoxicated, down 6% from last year.

However, in the Coachella Valley this year, there were 19 DUI arrests versus 13 last year.  The good news – there were no fatal crashes over the holiday weekend.

If you were one of the unfortunate individuals to be arrested for a DUI, I suggest you contact an experienced Riverside County Criminal Law attorney who will advise you of your next steps.

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Jun 23

The Desert police are cracking down on drunk drivers.  More and more checkpoints are being set up throughout the Palm Springs area on any given weekend.  Last weekend, Indian Wells was the scene of the latest one.  Over 1,300 vehicles passed through this checkpoint; one person was arrested.

 

The police stopped over 700 vehicles to screen them.  The results included the arrest of one individual for driving under the influence of alcohol or drugs, 16 arrests for drivers with a suspended license or no license at all, nine field sobriety tests were given and 17 vehicles were impounded.

 

We all know that driving under the influence of alcohol or drugs is unsafe for you, the driver, and all other people on the road around you.  If you are one of the foolish ones who think you can get away with driving drunk, but were arrested in the process, I would suggest you contact an experienced Criminal Law Attorney as soon as possible.  The penalties on this type of offense are high.

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Apr 06

Lake Elsinore recently set up a drunken driving safety checkpoint at the intersection of Riverside Drive and Grand Avenue.  Over fourteen hundred vehicles passed through it, 27 motorists were issued citations for vehicle code violations, 19 cars were impounded because the drivers did not have a valid license, and three men were arrested for drunken driving. 

Over the past couple of years, nine people were killed and 13 injured in accidents involving drunken drivers in the Lake Elsinore area.

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Feb 04

California Highway Patrol statistics indicate that statewide drunken driving arrests increased by 100 incidents since last year – 527 compared to 438 a year ago.  The good news though is that vehicle deaths were down – six this year compared to eleven last year.  Locally, on the freeways from the Mexican border to North Orange County, DUI arrests were up.

 

In parts of the state, effective July 1, convicted DUI offenders will be required to install ignition interlock devices on the vehicles they drive in order to keep their driver’s license.  Depending on how many convictions you have determines the time the device remains on your vehicle.  For those that do not know – an ignition interlock device requires you to blow into it before the vehicle will start.

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Oct 28

According to the OC Register, a 21-year old Cal State Fullerton student was the cause of two San Bernardino sisters dying Monday morning.  The CSUF student, Jessica Shekell, was driving west in the eastbound FasTrak lanes on the 91 Freeway when she collided with a 2009 Chevrolet Silverado.  The driver, Sally Miguel, 44, died at the scene.  Her sister, Patricia Miguel, 30, died shortly after at the Western Medical Center in Santa Ana.  Two young nieces, ages 15 and 11, were in the back seat; they were treated for major and moderate injuries and then released.  None of the San Bernardino passengers were wearing seatbelts.

Jessica Shekell was treated at UCI Medical Center in Orange.  She is now facing charges of driving under the influence.

I am not representing either of these parties. But I can just image that no matter what happens, whether or not the family of the victims sue for wrongful death or whether or not the attorney representing the student can mitigate the damage of the criminal charges, it is a tragedy all around.   No attorney in the world can bring back the life of the loved one, or completely take away the stain of criminal action.

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Oct 21

The Auto Club’s monthly magazine had an excellent article about “The Fall and Rise of DUI”.  It warned how driving under the influence of alcohol or drugs is once again on the rise in California.  Alcohol-related deaths are up 49% in the last few years.  California has made significant strides in the past to combat DUI.  For example, California started Mothers against Drunk Driving (MADD) in 1980. But this latest trend is disturbing.

Palm Springs has some of the strictest DUI laws and penalties in the country.  This includes up to one year in the Palm Springs County prison for a misdemeanor DUI or several years in the California State prison for a felony DUI.  The circumstances surrounding the arrest determine how extensive the punishment will be – blood alcohol level of .20 percent or higher, failure to submit to a chemical test, having a child in the vehicle, etc.  Keep in mind jail or prison time is not the only punishment.  Palm Springs has fines that range from $390 to $1,000, mandatory attendance at an alcohol or drug program and suspension or revocation of your driver’s license – to name a few.

Finally, A DUI arrest in Palm Springs amounts to two separate cases against you – the criminal case in the courts and the DMV.  Palm Springs also has the California “3-Strikes Law”.  If you have two strikes already against you and you commit a felony crime, you may be looking at least 25 years to life in a California jail.  No one arrested for driving under the influence should try to go to court without the presence of knowledgeable DUI attorney, particularly here in the Coachella Valley.

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