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Recent Blog Posts in 2009

36 posts found. Viewing page 1 of 2. Go to page 1 2   Next
December 31, 2009
  Will New Ignition Interlock Technology Be Required in All States?
Posted By Virginia Landry

Two U.S. senators have announced their plan for reducing drunk driving nationwide. Their plan requires all 50 states to put an "electric cop" on the dashboard of vehicles being driven by people convicted of DUI, even if it's their first offense. Any state that fails to comply would lose a portion of its federal transportation funding.

The "electric cop" combines ignition interlock technology with an in-car breathalyzer. Before the engine can start, the driver must blow into the device.  If the driver's breath alcohol result is too high, the car will not start. Drivers would be required to keep this device in their vehicles for six months after their conviction.

Multiple states already have enacted similar laws. In California, the state legislature created a 66-month pilot project that mandates interlock devices to be installed for DUI offenders in Alameda, Los Angles, and Sacramento Counties. The length of time the device is installed depends on how many DUI convictions the defendant has on his or her record. If the project proves to be successful, the state is expected to mandate the installation of these devices in all counties.

If you are interested in learning more about ignition interlock devices and how they pertain to your Orange County DUI charges , please do not hesitate to contact the Law Offices of Virginia L. Landry to speak with an experienced Orange County DUI attorney today!

Continue reading "Will New Ignition Interlock Technology Be Required in All States?" »

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December 30, 2009
  Penalties for a Third or Subsequent DUI
Posted By Virginia Landry
 

Colorado Governor Bill Ritter and the state legislature are recommending tougher penalties for repeat DUI offenders, as well as mandatory treatment for those convicted of a first-time DUI.

One of the main changes the governor and the legislature are recommending is requiring all people convicted of three or more DUIs to spend at least 60 days in jail and remove the possibility of a work release sentence, at least until they've served 60 days.

How does this penalty compare to the penalties for a 3 rd DUI in California?

In California, if a person is convicted of a third DUI, he or she could face:

  • Anywhere from 4 months to 1 year in county jail
  • Driver's license suspension for up to three years
  • 1 to 5 years probation
  • Mandatory 18 months alcohol education classes
  • Up to $1,500 in fines
  • Installation of an ignition interlock device in the vehicle

Defense Against Multiple DUI Charges

If you are facing a third, fourth, or subsequent DUI in Orange County, it is imperative that you retain defense representation from an experienced and skilled DUI attorney.  The Law Offices of Virginia L. Landry has been defending people against DUI charges in Orange County for years, and has handled many cases in which the defendant was facing multiple DUI charges.  A third DUI is a very serious offense, and can even lead to felony DUI charges depending on the circumstances of your arrest.  You can trust a dedicated Orange County DUI defense lawyer at the Law Offices of Virginia L. Landry to fight your charges aggressively and work hard to resolve your case in the best possible outcome.

If you are interested in setting up a consultation to discuss your case, please fill out a free case evaluation or contact the office today by calling (877) DUI-QUEEN!

Continue reading "Penalties for a Third or Subsequent DUI" »

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December 29, 2009
  DUI Holiday Crackdown Results in 154 Arrests
Posted By Virginia Landry
 

The Orange County Register is reporting that police arrested 154 Orange County drivers on suspicion of DUI during its crackdown last week.

This statistic reflects the total of number of DUI arrests that were made in all Orange County cities from Dec. 18 through December 25.  Fortunately, there were no fatalities.

And while 154 arrests may seem like a large number, Sgt. J. Brittain of the Orange County Sheriff's Department Traffic Bureau believes the actual number of arrests will be higher because not all agencies have finished reporting their statistics.

Statewide, 970 people were arrested for DUI, which is up from last year's 824 arrests.  During the "maximum-enforcement period," which started at 6 p.m. on Christmas Eve and lasted until Sunday at midnight, the California Highway Patrol made 53 DUI arrests statewide.

The California Office of Traffic Safety announced its plans to spend $8 million in checkpoint grants next year for the state, with a dozen Orange County cities receiving about $420,500 to be used for checkpoints throughout the year, especially during Labor Day weekend and the winter holidays.

Anaheim and Aliso Viejo have already scheduled DUI saturation patrols for New Year's Eve.

Contact an Orange County DUI Attorney

If you or a loved one has been arrested for DUI in Orange County, be sure to obtain dedicated and aggressive representation you can count on. The Law Offices of Virginia L. Landry has extensive DUI defense experience, and has represented thousands of clients from across Orange County.  If you are interested in discussing your case with an experienced Orange County DUI lawyer, please do not hesitate to contact the Law Offices of Virginia L. Landry or click here to fill out a free case evaluation.

Continue reading "DUI Holiday Crackdown Results in 154 Arrests" »

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December 28, 2009
  La Mirada Joins Statewide DUI Crackdown
Posted By Virginia Landry

The Whittier Daily News is reporting that the city of La Mirada's department of public safety will join law enforcement agencies throughout the state as part of California's 18-Day Holiday DUI Crackdown campaign.  More than 300 DUI/driver's license checkpoints have been planned in cities throughout California in an effort to catch drunk drivers and people driving without a valid license.

The campaign, which began on Dec. 16 and will run until Jan. 3, is funded by a grant from the California Office of Traffic Safety through the National Traffic Highway Safety Administration.

Last Wednesday, www.ocduilawblog.com reported that 17 people were arrested on suspicion of DUI in Garden Grove as a result of a checkpoint sponsored by this campaign, and we expect several more DUI arrests will take place while the campaign is in effect.

Arrested at a DUI Checkpoint?

If you or someone you love has been arrested at an Orange County checkpoint, you can trust a skilled Orange County DUI attorney at the Law Offices of Virginia L. Landry to provide you with aggressive defense against your charges.  We have handled thousands of DUI cases on behalf of clients in Orange County and in neighboring cities, and have helped many clients avoid a driver's license suspension and a number of other penalties .  If you are searching for experienced and dedicated defense for your DUI case, click here to fill out a free case evaluation or contact an Orange County DUI lawyer at the Law Offices of Virginia L. Landry today!

Continue reading "La Mirada Joins Statewide DUI Crackdown" »

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December 25, 2009
  Hiring a Public Defender v. the Law Offices of Virginia L. Landry
Posted By Virginia Landry

Arrested on suspicion of DUI in Orange County?  If so, you will need to hire an attorney to defend you against your charges.  While you have the option of defending yourself, this is never advisable, as you probably do not have the experience or legal knowledge to competently address your license suspension at the DMV hearing and your charges in criminal court.  Therefore, you need to hire either a public defender or a private DUI defense attorney to handle your case. 

Trust me when I say it is far better to hire an Orange County DUI lawyer at the Law Offices of Virginia L. Landry than to hire a public defender.  Although public defenders go through just as much legal training as any other attorney, they simply do not have the time to devote your case the same way a private defender does.  Because public defenders work for the County, they are often assigned more cases than they can handle.  This results in an inability to provide each case with adequate time and attention, which can ultimately affect whether or not your case ends successfully.

At the Law Offices of Virginia L. Landry, we choose how many cases we handle, so we are never over burdened with work.  This allows us to provide each and every client with the personal attention, time, and dedication they not only deserve, but more importantly need to increase their chances of overcoming their charges.

To learn more about our qualifications, experience, and the DUI defense services offered at the Law Offices of Virginia L. Landry, please do not hesitate to contact a dedicated Orange County DUI attorney at the firm today!

Continue reading "Hiring a Public Defender v. the Law Offices of Virginia L. Landry" »

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December 24, 2009
  When DUI Charges Become Felony DUI Charges
Posted By Virginia Landry

DUI is typically classified as a misdemeanor offense.  However, there are circumstances in which the prosecutor may have grounds to charge you with a felony count of DUI.  If you have been arrested and charged with felony DUI , it is imperative that you speak with an experienced Orange County DUI lawyer at the Law Offices of Virginia L. Landry right away.  A felony DUI conviction will involve in several very serious penalties , such as incarceration in state prison, up to $1,500 in fines, 18 months of mandatory DUI classes, license suspension up to 4 months, or the permanent revocation of your driver' s license.

Some factors that could enhance your charges to a felony include:

  • A 4th DUI with 10 years
  • Causing a DUI accident resulting in injury
  • Causing a fatal DUI accident
  • Driving with a minor in the vehicle
  • Driving with a blood alcohol concentration of .16 percent or higher

Defense Against Felony DUI Charges in Orange County

At the Law Offices of Virginia L. Landry, you can rest assured that a knowledgeable Orange County DUI defense attorney will be assigned to your case.  All of the attorneys at the firm have extensive DUI defense experience, and have handled numerous cases involving felony DUI charges.  You can trust the Law Offices of Virginia L. Landry to provide you with aggressive defense against your charges, and work diligently to get your charges reduced to a misdemeanor or a lesser offense.  In some cases, the firm has even been able to get felony DUI charges thrown out completely.

To learn more about your legal rights and options following your DUI arrest , please contact a lawyer at the office or click here to fill out a free case evaluation form!

Continue reading "When DUI Charges Become Felony DUI Charges" »

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December 23, 2009
  Garden Grove Checkpoints Nets 17 DUI Arrests
Posted By Virginia Landry

Seventeen people were arrested over the weekend on suspicion of DUI as a result of two separate DUI checkpoints in Garden Grove.

In addition to the 17 arrests, 38 vehicles were impounded, not only from the drivers arrested for DUI, but also from people who were caught driving without a valid driver's license .

There have been four DUI checkpoints so far this month, resulting in a total of 28 arrests and 113 impounded vehicles.  All of the checkpoints were funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Commission.

Experienced DUI Defense in Orange County

If you were arrested at a DUI checkpoint in Garden Grove, or anywhere else in Orange County, it is important that you contact an attorney right away.  An Orange County DUI defense lawyer at the Law Offices of Virginia L. Landry can defend you against your charges at both your DMV hearing and in criminal court to help you avoid a license suspension , conviction, and multiple DUI penalties .  The attorneys at the Law Offices of Virginia L. Landry have represented literally thousands of clients charged with DUI in Orange County , and have vast experience in all areas of DUI defense

To schedule a consultation to discuss your charges, please click here to fill out a free case evaluation or contact an Orange County DUI attorney at the office today!

Continue reading "Garden Grove Checkpoints Nets 17 DUI Arrests" »

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December 22, 2009
  Crime Rate Down Nationally, But Up in Three O.C. Cities
Posted By Virginia Landry

The Orange County Register reported that although the crime rate has continued to decline throughout the country, three of Orange County's largest cities have seen an increase in the violent crime rate.  The FBI considers violent crimes to include murder, forcible rape, aggravated assault, property crime, burglary, larceny, and car theft.

Irvine, which for the past 6 years has had the lowest crime rate in the nation, held on to that honor, but saw a 42% increase in violent crimes. Costa Mesa and Fullerton were the other two cities to experience an increase in violent crimes.  According to the FBI, Costa Mesa saw a 15% increase in violent crimes, while Fullerton had a 40% increase. Costa Mesa also saw a rise in property crimes as well. Fullerton, meanwhile, saw a 12% decrease in property crimes.

Overall nationwide violent crimes were down 4.4% and property crimes were down 6.1%, according to the FBI.  The information used to gather this data was taken from the first six months of 2009 and compared to the first six months of 2008.

On the other hand, several Orange County cities saw an overall decrease in the violent crime rate.  Those cities include Anaheim, Garden Grove, Huntington Beach, Orange, and Santa Ana.  Interestingly enough, Santa Ana had the highest crime rate in the United States, but showed a 5% decrease in violent crimes.

Charged with a Violent Crime in Orange County?

If you have been accused of or charged with committing a violent crime , it is very important that you contact an experienced Orange County criminal defense attorney at the Law Offices of Virginia L. Landry right away.  Violent crimes are often charged as felonies, and are punishable by imprisonment, large fines, and more.  To ensure your rights and best interests are protected throughout the criminal process, please fill out a free case evaluation or simply click here to contact a dedicated criminal defense lawyer at the Law Offices of Virginia L. Landry today!

Continue reading "Crime Rate Down Nationally, But Up in Three O.C. Cities" »

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December 21, 2009
  DUI Penalties are Tougher for Commercial Drivers
Posted By Virginia Landry

If you are a commercial driver, and you have been arrested for DUI, it is IMPERATIVE that you speak with an experienced Orange County DUI lawyer at the Law Offices of Virginia L. Landry right away.   The stakes are much higher for commercial drivers, and a DUI conviction can result in the permanent revocation of your driver's license.

California Vehicle Code 23152d prohibits a commercial driver from driving with a BAC level of .04% or greater.  This is much stricter than the .08% BAC limit for non-commercial drivers.   An unlike non-commercial drivers, drivers of commercial vehicles cannot refuse a breath or blood test.

Upon conviction or a guilty plea, commercial drivers are sentenced to the same penalties as non-commercial drivers, however they are much stricter.  For example, a first-time DUI for a commercial driver will result in a one-year license suspension.  For non-commercial drivers, a first-time DUI generally results in a license suspension of 3 to 6 months. Furthermore, if a commercial driver receives a second DUI, his or her license will be permanently revoked.  A second offense for a non-commercial driver typically results in a one-year suspension.

When a non-commercial driver's driver's license is suspended, they can sometimes apply for a hardship license, which permits them to drive to work, school, and DUI classes.  This type of license is not available to commercial drivers.

Get Help From an Experienced Orange County DUI Lawyer

It is very important for any commercial driver charged with DUI to obtain experienced and dedicated DUI defense representation.  Not only do you stand to lose your driver's license, but you will also lose your job and the chance of getting another driving job in the future.  To ensure you have the aggressive defense you need, contact an Orange County DUI attorney at the Law Offices of Virginia L. Landry today or click here to fill out a free case evaluation!

Continue reading "DUI Penalties are Tougher for Commercial Drivers" »

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December 18, 2009
  Drug-Related DUI and Search & Seizure Laws
Posted By Virginia Landry

In the state of California, it is unlawful to drive under the influence of an illegal drug, substance, or narcotic.  It is also illegal to drive after taking a prescription medication if it affects your ability to safely operate a vehicle. 

If the police suspect you of driving under the influence of drugs, they may ask to search you or your vehicle.  In some cases, they may not even ask you.  They may simply tell you to step aside while they search your vehicle.  If this situation sounds familiar, and you were consequently arrested on drug-related DUI charges, you should contact the Law Offices of Virginia L. Landry immediately.   An experienced Orange County DUI defense attorney at the office can listen to your side of the story and review the police report to determine whether or not your constitutional rights against unlawful searches and seizures were violated.

Understanding the 4 th Amendment

In accordance to the 4 th Amendment to the U.S. Constitution, law enforcement officials cannot search you or your property without just cause or a valid search warrant.  If the police violated search and seizure laws, any evidence they obtained during the search will be considered inadmissible and thrown out of court. 

This law has helped thousands of individuals avoid a conviction.  Should you choose to work with an attorney at the Law Offices of Virginia L. Landry, you can rest assured we will take the time to investigate your case thoroughly to ensure the police did not violate your rights.  If it is discovered that your constitutional rights were violated, and the police did indeed perform an unlawful search and seizure, we will quickly make this fact known to the judge and motion to have your case dismissed.

Driving under the influence of drugs is a serious offense.  To ensure you have aggressive defense against your charges, click here to contact an Orange County DUI lawyer at the Law Offices of Virginia L. Landry today!

Continue reading "Drug-Related DUI and Search & Seizure Laws" »

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December 17, 2009
  Driving Without a License v. Driving Without a License in Your Possession
Posted By Virginia Landry

There is a big difference between driving without a valid license and driving without having your driver's license in your possession when you're pulled over by a police officer.

If you are pulled over by a police officer or a highway patrol man, but you do not have your driver's license with you in the vehicle, you will be issued a traffic ticket. However, according to California Vehicle Code 12951, if you can later prove that you have a valid driver's license, but that it just wasn't with you at the time you were pulled over, the prosecutors must dismiss your case.

Driving without a valid driver's license is a much more serious offense.  This offense applies to people who never took the driving test to obtain a driver's license, or whose license expired and never took the appropriate steps to renew it.  Driving without a valid license is a misdemeanor crime, punishable by up to six months in county jail and up to $1,000 in fines.   However, sometimes a person is able to get the criminal charges reduced to an infraction if they take the appropriate steps to obtain a valid driver's license.

Obtain Aggressive Defense Against Your Charges!

If you have been charged with the misdemeanor offense of driving without a valid license, a skilled Orange County criminal defense attorney at the Law Offices of Virginia L. Landry can help you fight your charges.  There is no reason why you should allow your charges to escalate into a conviction.  Even though these seem like minor charges, they can still result in a mark on your permanent record upon conviction.

Interested in learning more about the defense services offered at the Law Offices of Virginia L. Landry? Contact the office today or click here to fill out a free case evaluation form!

Continue reading "Driving Without a License v. Driving Without a License in Your Possession" »

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December 16, 2009
  Taxi Cab Vouchers Offered to Reduce Drunk Driving
Posted By Virginia Landry

The Lev Foundation, a non-profit organization based out of Beverly Hills, is offering a free $10 taxi cab voucher now through the end of the month. You can obtain a voucher by visiting the organization's website at www.thelevfoundation.org.

The organization is hoping that by offering an incentive, tipsy drivers will not get behind the wheel and drink and drive.  So far about 200 vouchers have been distributed.

The foundation was created in honor of 25-year-old Daniel Levian, who was killed by a drunk driver in 2008. Levian's family says that if the vouchers stop even one person from getting behind the wheel while drunk, they will have served their purpose.

This holiday season, you can anticipate that both the Los Angeles and Orange County Sheriff's Offices will be cracking down hard on drunk driving.  If you are going to be drinking in the Los Angeles or Orange County area, be smart.  Don't drink and drive.  Call a taxi, designate a driver, or make arrangements to spend the night at a hotel.

Contact a DUI Attorney for Help!

In the event that you or a loved is arrested on suspicion of DUI, be sure to hire an experienced DUI defense attorney to defend you in court and at the DMV hearing.   An Orange County DUI lawyer at the Law Offices of Virginia L. Landry can protect your best interest and put up an aggressive fight against your charges.

If you are interested in learning more about the DUI defense services offered at the Law Offices of Virginia L. Landry, click here to contact an Orange County DUI attorney or feel free to fill out a free case evaluation!

Continue reading "Taxi Cab Vouchers Offered to Reduce Drunk Driving" »

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December 15, 2009
  Man Arrested for DUI in Jack-in-the-Box Drive-Through
Posted By Virginia Landry

The world of a DUI defense attorney never fails to get interesting.

The Orange County Register has reported that a 49-year-old man was arrested on suspicion of DUI after he was discovered passed out in his vehicle in a Jack-in-the-Box drive-through.

Deputies were called to the Lake Forest Jack-in-the-Box on Rockfield Boulevard and El Toro Road around 2:30 Friday morning. Employees reported that the man, who was passed out in his BMV, was unresponsive when they tried to wake him. 

When deputies arrived they said the man had a strong odor of alcohol on his breath.  They later moved his vehicle from the drive-through and conducted a standard DUI investigation.

The man, Harvey Wobig of Lake Forest, was arrested and booked at the Men's Central Jail. Wobig had previously been arrested for DUI just weeks earlier. 

He is being held in police custody until his arraignment.

Experienced Orange County DUI Lawyers

As reported by www.ocduilawblog.com two weeks ago, the Orange County Sheriff's Department is increasing their DUI patrols throughout the holiday season. If you or a loved one has been arrested on DUI charges, you can trust an experienced Orange County DUI attorney at the Law Offices of Virginia L. Landry to help you fight your charges.  The attorneys at the firm have extensive DUI defense experience, and would be happy to provide you with the aggressive representation you need at both the DMV hearing and in criminal court.

Please fill out a free case evaluation or click here to contact a dedicated Orange County DUI lawyer at the Law Offices of Virginia L. Landry today!

Continue reading "Man Arrested for DUI in Jack-in-the-Box Drive-Through" »

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December 14, 2009
  Ignition Interlock Devices
Posted By Virginia Landry

More and more prosecutors are seeking mandatory installation of ignition interlock devices as a penalty for driving under the influence or driving on a suspended license following a DUI conviction. 

When an ignition interlock device is installed in a vehicle, the driver must blow into the device before the car will start.  If the driver blows a BAC that is above the legal limit, the car will not start.  After the starting the car, the driver will be required to blow into the device again at random times.  This is to prevent someone else from blowing into the device on behalf of the driver, and then the driver getting into the car to drive away.  If the driver fails the second breath test, the device will log the failed result and then start up an alarm system (usually flashing lights, honking horn, etc.) until the driver finally turns off the car and a clean breath sample has been provided. It should be mentioned that the device will not shut down the engine once it has already been turned on, as that could cause an accident or a dangerous situation. Instead, the alarm system will continue to go off until the driver turns off the engine.  The device can only prevent someone from turning on the engine.

Every time a driver blows into the device, a log will be kept of the results.  This log is sent to the police department.  If the log indicates that a driver blew above a certain percentage (a percentage pre-determined by the judge or prosecutor, usually .03 or .04 percent or more) the police and prosecution have the right to seek additional penalties.

If you are interested in learning more about ignition interlock devices, or if you have been ordered to install an ignition interlock device in your vehicle, please do not hesitate to contact an Orange County DUI attorney at the Law Offices of Virginia L. Landry today!

Continue reading "Ignition Interlock Devices" »

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December 11, 2009
  What You Should Know About the DMV Hearing
Posted By Virginia Landry

If you have been arrested for DUI in Orange County, your driver's license will automatically be confiscated and the police will issue you a temporary driving permit good for 30 days.  After 30 days, your license will be suspended unless you are successful at the DMV hearing

You have only 10 days following your Orange County DUI arrest to schedule a hearing with the California Department of Motor Vehicles.  This hearing is your chance to contest the suspension of your driver's license.  If you do not schedule your hearing within 10 days you will lose your right to a hearing and consequently lose the opportunity to win back your driving privileges.

It is important to understand the DMV hearing is not the same as your criminal case.  It is a separate process with separate consequences.  The sole purpose of the DMV hearing is to contest the suspension of your driver's license.  The criminal case is to determine whether you are guilty or not guilty of driving under the influence.

At the Hearing

At the hearing you and your attorney will meet with a representative from the DMV.  During the hearing, your attorney can present evidence, testimony, and make arguments as to why you deserve to get your driver's license back.  The DMV representative, acting much like a prosecutor, will present evidence and arguments from the police as to why your driver's license should remain suspended.  After reviewing both sides, the DMV representative will then act as a judge to determine whether your driving privileges will remain suspended or be reinstated.  

Contact an Experienced DMV Hearing Attorney

If you have been arrested for drunk driving in Orange County, be sure to obtain experienced legal counsel to represent you at this hearing.  Many people underestimate the value of having a trained and knowledgeable Orange County DUI lawyer by their side during the hearing.  Not only can an attorney protect your rights and best interests, but an attorney can also prepare and deliver a compelling argument as to why you should get to keep your driver's license.

If you are searching for an experienced Orange County DUI attorney to represent you at your DMV hearing, please consider contacting the Law Offices of Virginia L. Landry today by visiting www.duiqueen.com  or by filling out a free case evaluation form.

Continue reading "What You Should Know About the DMV Hearing" »

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December 09, 2009
  Driving Under the Influence of Prescription Drugs
Posted By Virginia Landry

While many people know it's a crime to drive under the influence of drugs, even more people are surprised to learn that it is also a crime to drive under the influence of a non-illegal prescription or over-the-counter medication.

It's obvious why it's a crime to drive under the influence of an illegal drug, such as cocaine, marijuana, heroine, methamphetamines, or Ecstasy. But it's not so obvious why it's a crime to drive under the influence of a lawful drug.  

Some over-the-counter and prescription medications have side effects that can cause the driver to become drowsy or less alert.  Whenever drugs or medicine--regardless of whether they're illegal or legal--compromise a person's ability to safely operate a vehicle, they can be charged with DUI.  In the eyes of the law, although you did not break the law by possessing and consuming an illegal drug, you are still a threat to the drivers, passengers, and pedestrians around you, which is enough to justify slapping you with a DUI.

Get the Experienced DUI Defense You Need

Charged with driving under the influence of a prescription medication or over-the-counter drug in Orange County?  Do not head to court alone. There are many viable defenses a skilled Orange County DUI lawyer at the Law Offices of Virginia Landry can use to help you beat your charges.  If you are interested in learning more about the DUI defense services offered at the firm, please fill out a free case evaluation form or click here to visit the website.

Contact the Law Offices of Virginia L. Landry today!

Continue reading "Driving Under the Influence of Prescription Drugs" »

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December 08, 2009
  The Truth About Field Sobriety Tests
Posted By Virginia Landry

Field sobriety tests are standard procedure in a DUI police stop.  These tests are conducted on the side of the road to determine if a person suspected of drunk driving is actually too intoxicated to operate a vehicle. 

There are three main field sobriety tests that officers in Orange County typically use:

  • Horizontal Gaze Nystagmus
  • Walk and Turn Test
  • One Leg Stand Test

While all of these tests in theory are a good way to gauge a driver's level of intoxication, in reality they can be very misleading and incredibly inaccurate.  There are number of reasons why even a sober person might fail a field sobriety test, for example:

  • Poor roadside conditions
  • Poor weather conditions
  • The driver's type of footwear
  • Distraction from headlights or traffic
  • A natural lack of balance or coordination
  • A pre-existing illness, injury, or disability
  • The officer did not give clear instructions
  • The officer's opinion is biased

Experienced DUI Defense in Orange County

If you have been arrested for DUI after taking one or more standardized field sobriety test, do not waste any time in contacting Orange County DUI attorney Virginia Landry. These tests are extremely subjective, and it is left to the discretion of the officer to decide whether or not to place someone under arrest.  Unlike a breathalyzer test, these tests are not based on any scientific data or formula; it is purely based on the officer's opinion.

At the Law Offices of Virginal L. Landry, you can trust we will fight your charges aggressively, and will not hesitate to question the police officer's motives and actions the night you were arrested.  Our job is to help you beat your charges to avoid a conviction--and this is exactly what we intend to do.

To learn more about the defense services offered at the Law Offices of Virginia L. Landry, please visit our website at www.duiqueen.com.

Continue reading "The Truth About Field Sobriety Tests " »

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December 07, 2009
  DUI With Minors in the Vehicle
Posted By Virginia Landry

New York recently passed a strict new DUI law that makes it a felony offense to drive with a blood alcohol concentration of .08 percent or higher with a minor in the vehicle.  This offense is punishable by four to 25 years in prison, depending on if the minor is consequently injured or killed in an accident.

Although California does not have a similar DUI law, it does have child endangerment laws that can result in similar penalties. While there are various definitions of what child endangerment entails, it is generally defined as any actions that harm or seriously compromise the best interest of a child.  Orange County prosecutors will not hesitate to charge anyone with child endangerment and DUI who drives under the influence with a minor (anyone 16 years old or younger) in the vehicle. 

If you or a family member has been arrested for drunk driving and there was a minor in the vehicle, it is important to consult an experienced Orange County DUI attorney at the Law Offices of Virginia L. Landry right away. Not only do you stand to face criminal penalties for the DUI charges, but you could also be sentenced to up to six years in prison for child endangerment. 

If you are interested in working with a knowledgeable and aggressive Orange County DUI lawyer at the Law Offices of Virginia L. Landry, please do not hesitate to fill out a free case evaluation or visit our website at www.duiqueen.com .

Continue reading "DUI With Minors in the Vehicle" »

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December 04, 2009
  Celebrities and DUI
Posted By Virginia Landry

It seems as if every month another celebrity is arrested for driving under the influence, and the last couple of months have not been any different.  Last month, both reality TV star Shayne Lamas and Senator John Kerry's daughter, Alexandra Kerry, were arrested for DUI. 

It seems like celebrities arrested for DUI get preferential treatment.  We all remember when actress Lindsey Lohan was arrested for DUI.  Not only was she caught driving under the influence, but her blood alcohol concentration was nearly twice the legal limit and she was found with cocaine in her possession.  In the end, she was ordered to spend only one day in jail.  If a non-celebrity were convicted of the same offense, would they receive the same sentence?  No.

Living so close to Hollywood and Los Angeles, it can be difficult to separate ourselves from the glamour of celebrities' lifestyles. It's important to remember that if you or I were to be convicted of the same offenses as Lindsay, you can be sure we would be sentenced to a lot more than one day in jail. 

The best way to avoid a DUI conviction? Retain experienced, aggressive, and driven DUI defense representation. If you or someone you love has been arrested on DUI charges in Orange County, it is important to contact the Law Offices of Virginia L. Landry right away.  DUI charges are taken very seriously in Orange County.  You do not want to take the chance of going to jail, having your driver's license suspended, or being sentenced to any of the other penalties associated with a DUI conviction. 

If you are interested in learning more about the DUI defense services offered at the Law Office of Virginia L. Landry, please do not hesitate to fill out a free case evaluation. As an experienced Orange County DUI lawyer, Virginia Landry has provided countless clients with the personalized attention and dedicated representation needed to fight their DUI, 2 nd DUI, and 3 rd DUI charges!

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December 03, 2009
  East County Sweep Results in Multiple Arrests
Posted By Virginia Landry

Nearly two weeks ago, sheriff's deputies in the East County area of greater San Diego County conducted a massive sweep aimed at targeting approximately 750 people wanted on arrest warrants, mainly DUI arrest warrants.

The result? 67 arrests.

The sweep began around 6 a.m. By 6:15 a.m., several arrests had already been made.  The operation ended around noon.

The San Diego Sheriff's department was assisted by offers from the El Cajon and La Mesa police departments and the California Highway Patrol. 

As a result of the sweep, 105 warrants were taken off the books, and many of the people brought into custody had more than one outstanding warrant.  Those booked in jail now stand to face enhanced criminal penalties.

If you were arrested during this sweep it is important to retain the defense representation of an experienced criminal defense lawyer.  With offices in Orange County and San Diego, the Law Offices of Virginia L. Landry has defended many clients in these areas who have been taken into custody on an arrest warrant.  We understand the best way to proceed forward in these types of situations, and can provide you with the aggressive defense needed to help you avoid additional penalties and further prosecution.

To learn more about the defense services offered at the Law Offices of Virginia L. Landry, please fill out a free case evaluation or take a moment to visit our criminal defense website.

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December 02, 2009
  Thanksgiving Weekend DUI Arrests are Up in San Diego County
Posted By Virginia Landry

Orange County is not the only place in Southern California that experienced an increase in DUI arrests over the Thanksgiving weekend.  According to the California Highway Patrol, the number of DUI arrests during the Thanksgiving weekend in San Diego County is up as well.

Over the past weekend, 36 motorists were arrested on suspicion of DUI between 6 p.m. on Wednesday and 6 a.m. of Friday.  This number is being compared to last year's 32 DUI arrests.  Although this is small increase, it is an increase nonetheless, and is a sign that people are continuing to drink drive despite stepped up law enforcement efforts.

San Diego has a zero-tolerance DUI enforcement policy, which means if you are caught drinking and driving you can expect to be arrested, taken into police custody, and booked on DUI charges.

If you or someone you know has been arrested for DUI in San Diego, it is important to find an experienced San Diego DUI lawyer you can trust to protect your rights and put up an aggressive fight against your charges.  To learn how the Law Offices of Virginia L. Landry can defend you in court and at the DMV hearing, please fill out a free case evaluation, or visit our San Diego DUI Defense website for more information!

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December 01, 2009
  Police Step Up DUI Enforcement Over Holiday Weekend
Posted By Virginia Landry

Over the Thanksgiving weekend, eight motorists were arrested on suspicion of DUI in Lake Forest, despite warnings from the Orange County Sheriff's Department that drunk driving enforcement would be stepped up this year.

From Wednesday night at 5 p.m. through Sunday at midnight, the sheriff's department had patrols roaming the streets to look for intoxicated drivers.  The results?  Three more arrests than last year.  A small increase, but an increase nonetheless.

Deputies say they will continue to be vigilant in their efforts to catch drunk drivers, and there will be an increase in the amount of patrols in the coming weeks.

What does this mean for you?  As the holiday season continues, it is important to take the appropriate steps to ensure you do not find yourself in a position to be arrested for DUI.  It's easy to have one too many drinks at a holiday party or after a long day of shopping.  If you plan on drinking, make sure to arrange for a ride home, choose a designated driver, make plans to spend the night, or keep a taxi cab company's number on hand.  Don't allow yourself to become another statistic. 

If you have been arrested on DUI charges this holiday season, please don't hesitate to visit www.duiqueen.com to arrange a free consultation.  As an experienced Orange County DUI attorney, I have represented countless clients throughout the area, and can provide you with the aggressive defense you need at this time!

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November 16, 2009
  DUI Patrols Are Coming To Your Orange County Neighborhood
Posted By Virginia Landry

As reported by the Orange County Register this month, the Orange County Sheriff's Department has received a significant state grant designed to arrest persons who have consumed alcohol and driven a vehicle.  $874,852 has been allocated for sobriety checkpoints (which notoriously do NOT result in many arrests) as well as roving DUI patrols (which do result in many arrests). 

As part of this new money, police officers will become more aggressive in what we call COURT STINGS - hanging out in court parking lots, running the history on the license plates of cars parked in the court lots, and waiting to see who gets into the car when they leave court.  Some judges call this practice "FISHING" and believe it is an effective tool in getting people who are driving on a suspended license arrested.  Along with current technology which allows a moving patrol vehicle to scan license plates and respond by an audible "ding" these actions are now being funded for court parking lots. The same practice happens every day near bars and restaurant parking lots near you!

Obviously everyone wants the roadways to be safe, but the long arm of the law is not only reaching out to put you in the grasp of the officer's handcuffs, but is being used to search and find someone they may think is driving impaired or under the influence of alcohol, instead of to protect and serve when they actually view someone driving drunk.

If this has happened to you, please don't attempt to fight the government with all of its resources by yourself.  Call our office to arrange for your free consultation, 949-585-7400 or visit us at www.duiqueen.com.

Continue reading "DUI Patrols Are Coming To Your Orange County Neighborhood" »

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October 30, 2009
  San Diego County: Lab Errors Reported in Connection to Criminal Cases
Posted By Virginia Landry

Have you heard the news?  The District Attorney in San Diego has reported that there are possible incorrect lab test results connected to some criminal cases in San Diego County, primarily misdemeanors relating to alcohol and drug use.  DUI charges fall under the category of misdemeanor offenses and if you took a recent blood test, improper results may be used against you.  If you were recently charged with a DUI in San Diego County, give the Law Offices of Virginia L. Landry a call.  Given this recent information, it is possible that blood test results used as evidence in your case may be improper.  We can help investigate whether your lab test results erroneously resulted in bad evidence for court and the DMV.  Even if you took a breath test we may be able to help you so call for your free consultation.

The Law Offices of Virginia Landry serves San Diego County, Orange County, Los Angeles County and Riverside County.  Visit us at www.sdduidefense.com or www.duiqueen.com.

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October 16, 2009
  DUI TIP: "I Wasn't Read My Miranda Rights!"
Posted By Virginia Landry

One of the most common statements we receive from our clients includes that they were not read their Miranda Rights after being arrested for a DUI.  Police officers don't necessarily need to advise you of your Miranda Rights if you have been arrested for a DUI.  You may be wondering...how does this make any sense?  Haven't we always learned that during an arrest, you should always be advised by law enforcement that "you have the right to remain silent " and "anything you say can be used against you"?

Law enforcement is trained to obtain incriminating evidence during a DUI investigation before a subject is arrested.  What does this mean exactly?  The courts have determined that two conditions must be met before a police officer must read you the Miranda Rights; concurrent custody and interrogation of a subject.

Once law enforcement initiates a traffic stop they may find a reason to believe that the driver has been drinking.  They will continue questioning the driver and perform field sobriety tests before they make the determination to arrest the driver for being under the influence.  Should they continue to ask direct questions regarding the DUI after the driver has been arrested, then in this case it is necessary under the law that the officer read the arrested person their Miranda Rights.  However, if the officer has no further questions and the driver is in their custody, then law enforcement is not required to read the subject their Miranda Rights since the second condition has not been met.  However, in certain circumstances, it may be possible to keep statements from coming into evidence.

If you have been arrested, you will need an experienced and skilled DUI defense attorney to help discern whether or not your rights were violated.  Give the Law Offices of Virginia Landry a call at 949-585-7400.  We provide a free consultation and can help you get through this difficult time.  Visit us at www.duiqueen.com or www.orangecountycriminallaw.com.

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