Recent Blog Posts in October 2009

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.

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.

Just recently, a Judge in Malibu court granted Mel Gibson's request to expunge his 2006 DUI arrest from his record.   In California, anyone can request the court to set aside a DUI conviction as though it never happened.  This is called an expungement.  If you have been convicted of a DUI, you may file a petition for dismissal of your DUI conviction after you have successfully completed all terms of your probation.  There are no guarantees that the request will be granted as this decision is discretionary with the judge.  There is a higher probability of having the DUI conviction expunged if you have no further criminal court cases.  One of the advantages of having an expunged record includes the opportunity to note that you have never been convicted of a crime on an employment application.   However, if you work for any government agency or in a state licensed field, you will be required to disclose the conviction in the application in spite of the expungement.

At the Law Offices of Virginia L. Landry, we have a high success rate of having DUI convictions expunged.  If you need assistance with petitioning the court, give our offices a call at 949-585-7400.  We offer a free consultation and can discuss whether you are eligible for an expungement.  Visit us at www.duiqueen.com or www.orangecountycriminallaw.com.

Recently, there were two cases where Sheriff's deputies were involved in DUI related accidents.  Matthew Cheeks, an Orange County Sheriff's Deputy, may be facing DUI charges after crashing his truck into a light pole last Friday.  Robert Moran, a Los Angeles County Sheriff's Deputy was convicted of a DUI and injuring two people after crashing into their car. He was sentenced to home confinement, a three-month treatment program including a Mothers Against Drunk Driving panel meeting and three years informal probation.  If you have been arrested by either one of these deputies, give our law offices a call at 949-585-7400.  You may have some legal options to pursue depending on your case. 

In Orange County a DUI conviction carries stiff penalties.  These include:
1) jail time, 2) monetary fines, 3) community service, 4) DUI school, 5) license suspension, 6) probation, 7) ignition interlock device.  In addition, a person's sentence may be increased if they caused a DUI related accident with bodily injury to another person. 

It is important that you seek the advice of a skilled DUI attorney immediately should this happen to you.  We can provide you with information and service that you can rely upon.  Visit us at www.duiqueen.com or www.orangecountycriminallaw.com.  Scheduling an appointment is fast and easy.  We are here to help people through these difficult times.