Recent Blog Posts in June 2010

Police in Las Vegas are reporting that a teen that was charged in the death of a California Highway Patrol (CHP) officer is facing multiple charges, including driving under the influence.

According to officers, 18 year old Rafael Garcia had been heading northbound on I-5 near Barstow during early morning hours on Sunday.  While driving, he veered off of the road and crashed into a CHP officer that was conducting a traffic stop.  The officer, Justin McGrory, was airlifted to a local hospital where he later died from his injuries.

At the time of the crash, Garcia was driving home to Las Vegas.  He was arrested at the scene of the accident.  Garcia was held at a California detention center and charged with vehicular manslaughter while intoxicated, DUI resulting in bodily injury, possessing and selling marijuana as well as child cruelty because he had a minor in his car at the time of the crash. 

If you have been charged with underage DUI in Southern California, now is the right time to obtain representation from an Orange County DUI lawyer.  Contact the Law Offices of Virginia L. Landry today to discuss your case with an attorney.

In Los Angeles, a Cuban man has received a sentence of five years in federal prison.  Police allege that the man, Raul Ernest Alonso-Prieto, had posed as an attorney in order to represent detainees in San Pedro immigration court. 

Alonso-Prieto was sentenced this Monday after he successfully reached a deal with federal prosecutors in December.  Prosecutors report that Alonso-Prieto was released from an immigration detention center in 2006 in Southern California.  He was released because the U.S. does not deport people back to Cuba.

Once he was released, Alonso-Prieto used the name and California Bar number that originally belonged to a dead attorney in Florida.  He then represented detainees in immigration court under this false identity.  Alonso-Prieto pled guilty to charges of mail fraud and identity theft after he was caught by law enforcement.

If you are facing white collar crime charges in Orange County, contact the Law Offices of Virginia L. Landry and set up a time to speak with an Orange County criminal defense attorney.

In San Diego, a driver was sentenced to 16 years in prison on Monday.  The driver, 45 Becky Anderson, was prosecuted after she drove under the influence of prescription drugs and hit and killed a mother of two who was walking to work. 

Last month, Anderson pled guilty to one count of gross vehicular manslaughter while intoxicated and DUI causing great bodily injury.  Charges were brought against Anderson after she hit and killed 36 year old Kristen Bedard in November 2009.

After the accident, Anderson admitted to police that she had taken Valium the night before and a dose of Methadone at a clinic in during morning hours.  She said that while she was driving, she reached down to grab a piece of paper and lost control of her car, which served into the road's bicycle lane and hit Bedard.

Police report that Anderson has two prior DUI convictions.

Have you been charged with DUI or related offenses?  If so, now is the time to get help from an Orange County DUI attorney.  Contact the Law Offices of Virginia L. Landry now!

In Newport Beach, California, it is reported that a law enforcement officer made an unlawful DUI stop.  According to reports, a woman was arrested for driving under the influence after a police officer cited a broken license plate light as the reason for the traffic stop.  However, a video from the patrol car "clearly demonstrated" that the light was, in fact, working. 

54 year old Dana M. Power was stopped by the officer and then arrested for drunk driving.  However, it has been proven that her arrest was not lawful so her charges were dropped and her driver's license was reinstated by the state's Department of Motor Vehicles.

The city also wagered to pay $1,670 for her attorney's fees as well as towing costs as the officer did not have "reasonable cause" to make a DUI stop.

According to Power, she had dropped a friend off in a popular nightlife area on May 30, 2009 when she was stopped by the officer.  In the police report, the officer stated, "I observed the vehicle ... did not have a functioning license plate light. ... I activated my vehicle's overhead red and blue lights ... to conduct a traffic stop on the driver of the vehicle for the violation."  The officer also wrote, "While speaking with (Power), I smelled a moderate odor of an alcohol beverage emitting from her breath and person. I also noticed her eyes were bloodshot."

After stopping Power, the officer asked her to consent to a breath alcohol test and her result was .12%, above the state's legal limit of 0.08%.  Power was then placed under arrest for driving under the influence even though the video from the patrol car showed the license plate light was working and lit.

If you have been arrested for DUI in Orange County and you have reason to believe your arrest was unlawful, now is the time to speak with an Orange County DUI lawyer at the Law Offices of Virginia L. Landry.  Contact our firm today!

Recently, it was reported that 400 people were convicted of driving under the influence in Washington D.C. since fall of 2008 and half were sentenced to jail time.  Unfortunately, city officials now say these individuals were convicted based upon the results of faulty breath testing machines. 

According to D.C. Attorney General Peter Nickles, the breath test machines were improperly adjusted by law enforcement officers.  The people who were ordered to serve time in jail generally spent at least five days in police custody.

At this time, Nickles's office is working to notify the drivers that were arrested for driving under the influence and at least one lawsuit has been filed against the District.  Many say that the faulty tests could lead to requests for expungements, new trials and will leave people skeptical of breath alcohol testing.

When people are charged with drunk driving, they commonly contest the results of their breath tests.  Now that this news has been made public, some defense attorneys say that more people will question breath testing when they are facing prosecution for DUI.

Nickles told news sources that the faulty breath testing equipment showed results that were 20% higher.  There were 10 questionable test machines used by police in the District and all were found to produce erroneous results.  All of the machines were under investigation by Nickles's office since last February because a consultant for the city suspected that there was an accuracy problem.  Nickles says that all of the breath tests have been replaced with another brand and stricter standards for testing the accuracy of the machines have been put into action.

Investigations revealed that 1,100 prosecutions that took place between September 2008 and February 2010 relied heavily on breath test results. 

If you are facing DUI charges and believe your breath test was faulty, now is the time to have your case reviewed by an Orange County DUI attorney.  Contact the Law Offices of Virginia L. Landry today!

On Monday, the Los Angeles County district attorney's office announced that it had charged Corey Dillon with driving under the influence.  Dillon, who is a former running back for the Cincinnati Bengals, was arrested in April for suspicion of drunk driving.

According to reports, Dillon was charged with DUI of alcohol or drugs and driving while having a blood alcohol level of 0.08% or higher.  On April 21, Dillon had been traveling north on Mulholland Drive, which is near Malibu.  He was pulled over by an officer who wanted to check the car's registration.  However, due to the fact that he displayed signs of impairment, he was placed under arrest for DUI.

If you have been charged with drunk driving in Orange County, it is important that you understand your rights and possible DUI defenses.  The best way to become informed is by working with an Orange County DUI lawyer at the Law Offices of Virginia L. Landry.  Contact our legal team today to discuss your case!

This week, it is reported that an off-duty Orange County Sherriff's deputy was arrested after he caused an auto accident and hit an elderly female driver.  After the accident, 36 year old Allan James Waters was charged with one felony count of DUI causing bodily injury and two counts of selling a substance in lieu of cocaine.

Police say that Waters caused the collision with the 78 year old woman on June 9^th.  She was taken to the hospital and treated for minor injuries.

Waters was supposedly under the influence of prescription drugs and was accused of using fake cocaine to purchase the prescription medication.  Prior to the major accident, officers report that Waters was involved in a minor accident on Gold Lantern Street in Dana Point.

If he is convicted of his charges, he will face up to seven years in prison.  He is being held in lieu of $100,000 bail.

If you have been charged with felony DUI, know that an Orange County DUI attorney from the Law Offices of Virginia L. Landry can help you.  Simply contact us today!

In California, a new program is expected to start next month.  The program will target those who have been convicted of driving under the influence (DUI).  With the program, before convicted DUI offenders start their vehicles, they will have to test their breath alcohol levels. 

Last fall, a bill was signed by Gov. Arnold Schwarzenegger that requires first-time DUI offenders to have Breathalyzers attached to the dashboards of their vehicles.  If alcohol is detected, their vehicles won't start. 

The law will go into effect as of July 1^st in Los Angles, Alameda, Sacramento and Tulare.  In 2015, the new legislature will be evaluated and if successful, it will become a law statewide.

Have you been charged with DUI in Orange County?  If so, you should discuss your case with an Orange County DUI lawyer.  Contact the Law Offices of Virginia L. Landry now to learn more about your individual rights and possible defenses.

Recently, a defendant appealed a judgment of conviction for driving under the influence (DUI) of intoxicants.  According to the defendant and his defense lawyer, the trial court erred by denying his motion to suppress evidence of his refusal to take a breath alcohol test.  Due to the fact that the trial court declined to make a finding on a disputed fact and the resolution of that dispute would be dispositive, the case was subjected to reverse and remand. 

Reverse and remand occurs when an appellate court finds that the trial court made a mistake by law.  The conviction may then be reversed and remanded (sent back to the trial court).  The lower court will then record the new judgment.

According to documents, the following facts were not disputed:

-  The arresting officer, Officer Vollrath, arrested the defendant for DUI.
-  Vollrath read the defendant his Miranda Rights, placed him in the patrol car and took him to a detox center.
-  At the detox center, the defendant asked if he could speak with someone about his rights.  He w given a phone and 15 minutes to speak with an attorney, but had poor eyesight and could not read any numbers in the directory he was provided with.  So, he called no one.

At the defendant's motion to suppress hearing, the officer gave testimony that challenged the defendant's story.  However, it was revealed that Vollrath would not assist the defendant in dialing phone numbers and asked him to submit to a breath test instead.  When the defendant said he would take the test after speaking with a lawyer, Officer Vollrath took it as refusal to submit to a breath test.

The trial court denied defendant's motion to suppress evidence of his refusal to take a breath test.   So, he filed an appeal of conviction with the appellate court.

If you have been charged with DUI and you believe there were issues surrounding your breath tests, contact the Law Offices of Virginia L. Landry and discuss your case with an Orange County DUI attorney.

In San Diego, police say that a drunk driver was recently arrested for driving under the influence this past Friday morning.  While driving under the influence (DUI), the driver managed to crash his SUV into a tree.  Police report that the driver and his passenger were both seriously injured.

According to police officers, the 24 year old driver had been heading southbound on Ingraham Street in a Nissan Exterra at approximately 1:35 AM.  While driving near the Sunset Cliffs ramp, the driver failed to negotiate a curve and drove his vehicle off the road, crashing right into a tree.

Law enforcement reported that the driver sustained injuries to his head and spine.  His passenger, also 24, had to be rushed to the hospital.  Details have not yet been released about the passenger's injuries or condition.

Officers say that the driver will face felony San Diego DUI charges.

Have you been charged with San Diego DUI?  Contact the Law Offices of Virginia L. Landry today to speak with a qualified San Diego DUI lawyer!

Recently, a 32 year old woman by the name of Crystal Jacinta Burks Singh was ordered to serve seven years of jail time.  Singh is from California and was charged with identity theft and fraud. In addition to jail time, Singh will have to pay at least $6,221 in restitution. 

In November 2009, Singh was placed under arrest by police in Canton after she tried to use a credit card that was reported stolen.  When police arrested her, she claimed to be another person.  It wasn't until police investigated further that Singh told them her true identity.

Police say that Singh has multiple aliases and has several felony convictions on her criminal record.  After her arrest and police questioning, Singh pled guilty to her theft crime charges.  She allegedly used stolen credit cards that matched a fraudulent driver's license to make purchases at local stores. Officers say that Singh had spent thousands before she was caught.

Were you charged with a serious theft crime in Orange County?  If you answered "yes", you should contact the Law Offices of Virginia L. Landry and obtain the services of an Orange County criminal defense lawyer now.

In New York, reports have surfaced that Sonja Morgan, cast member of the "Real Housewives", has been charged with driving under the influence (DUI). 

Police say that Morgan was arrested in South Hampton, which is 75 miles from Long Island.  She was charged with DUI, failure to yield at a stop sign and also failure to remain in her traffic lane.  Officers also issued Morgan a citation because she was not wearing her seatbelt.

Sonja Morgan was featured on the New York City version of the "Real Housewives" this season.  She is a well-known socialite who boasts that she enjoys the company of European Royalty.  Morgan is scheduled to appear in court later this month for her recent criminal offense.

If you have been charged with driving under the influence in Orange County, now is the time to have your case reviewed by an Orange County DUI attorney.  Contact the Law Offices of Virginia L. Landry now!

On Tuesday, a deputy from the San Diego County sheriff's office stopped a North County Transit bus driver during afternoon hours.  According to reports, the deputy stopped the driver after a bus passenger told dispatchers that the driver was making unnecessary stops.  The passenger also told dispatchers that the bus driver appeared to be intoxicated.

At 4:25 PM, as the driver was traveling up 479 Encinitas Boulevard and transporting eight passengers, police pulled him over.  They then arrested the driver, 40 year old David Joseph Costello, after he failed field sobriety tests.

Costello was suspected of operating a commercial vehicle while under the influence of alcohol and is facing DUI charges at this time.  A spokes person for North County Transit said that the bus was operating on Route 309, which carries passengers from Oceanside to Encinitas.

If you have been charged with driving under the influence in San Diego, now is the time to contact the Law Offices of Virginia L. Landry and speak with a San Diego DUI defense lawyer.

This past Monday, former NASCAR driver James Neal was arrested for attempted rape, which is a misdemeanor sex crime in the state of California.  Shortly before his arrest, he had been released from the Orange County Jail after serving a brief sentence for a misdemeanor driving offense.

Hours following his release, 56 year old Neal was booked on suspicion of attempted rape and false imprisonment and placed back in jail.  News sources report that police were called to the apartment of a Lake Forest woman.  She reported that there had been a fight and that Neal has attempted to rape her.  She also said that Neal, whom she knows, would not leave her residence.

In May, Neal was arrested by officers after leading them on a high speed chase on Interstate 5.  Police tried to stop him for not having a front license plate, but he refused to stop.  They were able to arrest him later when they found him standing next to his sports car on the freeway.  It appeared that his engine had blown out, causing him to finally pull over.

Were you charged with a sex crime in Orange County?  Now is the time to have your case reviewed by an Orange County criminal defense lawyer.  Contact the Law Offices of Virginia L. Landry today!