Recent Posts in DUI Defense Category

This month, it was announced that a very strong Scottish beer would be making its way to the U.S. market.  At least 400 bottled of Tactical Nuclear Penguin are expected to be sold in New York and California in Whole Foods stores.  Unlike other beers, this imported brew has an alcohol percentage of 32%.

In November, the beer was launched by BrewDog in Scotland.  Following its release, many criticized the beverage because it contributed to Scotland's "epidemic of alcoholism".

For awhile, Tactical Nuclear Penguin was in fact the world's strongest beer, but Germany then released Schrosch Bock which has a 40% concentration.  Feeling the need to compete, BrewDog released Sink the Bismarck!, which has a 41% concentration and can only be purchased directly through the company.

According to BrewDog, their beer gets its name from the brewing process.  The beer is put into containers and transported to the cold store of a local ice cream factory where it is housed for 21 days in chilly temperatures.  As the beer got colder and colder, BrewDog Chief Engineer Steven Sutherland decanted it until only ice was left in the containers.  BrewDog says this process not only creates more intense flavors, but also a higher alcohol concentration.

Remember, if you plan to buy a few bottles of Tactical Nuclear Penguin, do not drink and drive.  Driving under the influence is a serious offense in the state of California that can result in tough penalties.  If you have been charged with DUI, do not hesitate to contact the Law Offices of Virginia L. Landry and speak with an Orange County DUI attorney 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!

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!

In Anaheim, a school gym was transformed into a court room.  The school, Canyon High School, was used as a live court room during the sentencing of a local criminal offender who was caught driving under the influence (DUI) in California.

Over 800 students crowded the benches and floors of the gym as a 28 year old college student who had pled guilty to DUI was sentenced by an Orange County Superior Court judge.  The defendant, Darren Nicas, has a BAC of .19% when he was arrested by law enforcement.  While driving under the influence, Nicas struck the back of the car of a 57 year old driver.

When Nicas addressed the 800 students he said, "I thought I wouldn't get caught."  He also admitted that he felt embarrassed.   The judge presiding over Nicas' case sentenced him to 6 months of DUI school, 30 days of community service and also 3 years of probation.

Nicas would have had to pay $1,800 in fines.  However, due to his participation the school assembly, the fines were waived by the court.  A prosecutor spoke to the students prior to sentencing to inform them of the facts surrounding the case.  The entire assembly cost $500 and was funded by a grant. 

If you have been charged with DUI in Orange County, now is the time to speak with an Orange County DUI defense lawyer at the Law Offices of Virginia L. Landry.  Contact us today to discuss your case!

Bakersfield City Manager, Alan Tandy, was recently stopped for driving under the influence (DUI).  The recent DUI stop shows that when it comes to drunk driving, the state of California does not play favorites.

After his DUI stop, Tandy released a statement which said, "The officers found that I was not intoxicated, which was the correct decision and a correct finding, and I was let go."

Police say that Tandy was stopped after an officer noticed that a vehicle was swerving on Truxtun Avenue.  After watching the car, the officer decided to conduct a DUI stop.  When the officer realized that he had pulled over the City Manager, he called a supervisor, Sergeant Melvin Johnson, to the scene.

Once Sgt. Johnson arrived at the scene, he spoke with Tandy.  After the conversation, Sgt. Johnson felt that Tandy was not intoxicated and said that the City Manager showed no signs of being drunk.  Tandy was released without being arrested by the officers.

If you have been stopped for driving under the influence and you were placed under arrest, now is the time to speak with an Orange County DUI attorney.  Contact the Law Offices of Virginia L. Landry now to discuss your legal options and possible DUI defenses.

The Washington DC Metropolitan Police Department is investigating problems they’ve been experiencing with the Intoxilyzer DUI breath test machines they have been using. According to preliminary reports, 80% of DC’s Intoxilyzer units were affected.

It’s not completely unusual for a breathalyzer machine not to work. Although those machines are used by police departments throughout the country, they can easily produce a false reading when defective or when they aren’t used properly. In fact, there are many ways to contest the accuracy of a breathalyzer test result in an effort to fight someone’s drunk driving charges. Radio frequency interference, operator errors, failure to properly calibrate the machine, and a lack of officer training on how to use the machine are all examples of factors that could cause a breathalyzer machine to give an inaccurate reading.

If you or a loved one has been arrested for DUI in Orange County, you can count on an experienced Orange County DUI defense lawyer at the Law Offices of Virginia L. Landry to provide you with the aggressive defense your case deserves. You can trust the firm to evaluate your breath test results and investigate whether a mistake or error was made. In the event that the results were inaccurate, the firm we will challenge your result in an effort to get your charges reduced or dismissed. Without those test results, it will be difficult for the prosecution to continue on and win their case.

To learn more about the DUI defense services offered the Law Offices of Virginia L. Landry, contact the office today at (877) DUI-QUEEN!

A motorcyclist from the city of Orange pleaded guilty to felony vehicular manslaughter charges last week in an Orange County court.

Blaise Aaron Meadows, 21, was accused of riding his motorcycle with a suspended license and driving at excessive speeds. He was charged with one count of felony vehicular manslaughter after crashing into the back of an Alpha Romeo, killing the driver.

According to police Meadow was riding at more than 100 mph with another person when he crashed into Andrew Parker's vehicle. Parker had to be extracted from the vehicle and was pronounced dead at the scene from blunt force trauma. Parker was taken to the hospital with injuries.

Meadows' sentencing has been scheduled for July 30.

The other man Meadows was riding with, 25-year-old Daniel Cody Burkett, fled the scene of the accident. He was charged with vehicular manslaughter by unlawful act and with gross negligence, reckless driving, and he faces enhanced sentencing for leaving the scene of the accident.  He is scheduled to be arraigned February 16.

Experienced OC Defense You Can Trust!

Vehicular manslaughter is one of the most serious offenses a person can face. If you were charged with vehicular manslaughter in connection with DUI, reckless driving, or even simple negligence, you can trust an Orange County criminal defense attorney at the Law Offices of Virginia L. Landry to protect your rights and aggressively defend you against your charges. Our goal is to provide you with dedicated representation and aggressive defense to ensure you have the best possible chance of securing a successful outcome to your case.

If you are interested in speaking with an attorney about the defense services offered at our firm, please contact the Law Offices of Virginia L. Landry today!

There is much confusion as to whether or not a driver should submit to a chemical test when suspected of DUI.  On the one hand, if a driver submits to a chemical test a fails, those test results can be used as evidence against the driver.  On the other hand, if the driver refuses to submit to a chemical test, his or her license will be suspended.

Under the implied consent law, all drivers are required to submit to a breath or blood test at the request of an officer. Failing to submit to a chemical test when suspected of driving under the influence will result in a license suspension.  The following information, taken from the California DMV website, will give you an idea about how long your license will be suspended if you refuse to submit to a breath or blood test:

• First offense: 1 year license suspension
• Second offense within 10 years: 2 year license revocation
• Third or subsequent offense within 10 years: 3 year license revocation

Experienced Orange County DUI Attorneys

If you are facing a license suspension after refusing or failing a breath or blood test, please contact an Orange County DUI lawyer at the Law Offices of Virginia L. Landry.  Once charged with DUI, the attorneys at the firm can help you take on the prosecuting attorney by building a tough defense and aggressively challenging the evidence.  With years of DUI defense experience, the attorneys at the firm understand what is involved in defending someone against DUI charges in Orange County, and are committed to securing the best outcome possible for their clients.

If you are interested in learning more about the defense services offered at the Law Offices of Virginia L. Landry, please contact the office today at (877) DUI-QUEEN!

When charged with DUI or any other crime, it is important to understand the difference between pleading "not guilty," "guilty" and "no contest."

Not Guilty:  When a person pleads not guilty to the charges, they are maintaining that they are innocent.

Guilty: When a person pleads guilty, they are admitting they have committed the crime(s) they have been charged with.

No Contest:  When a person pleads no contest, they are neither admitting nor denying they have committed the crime(s) they have been charged with.

How Should I Plead My Case?

Whether a defendant should plead guilty, not guilty, or no contest can only be determined on a case-by-case basis, as no two cases are alike, even when the charges are the same.  At the Law Offices of Virginia L. Landry, our goal is to secure the best possible outcome for your case with as little damage to your rights, freedom, and reputation as possible.  Sometimes it's better for our clients to plead guilty in exchange for a plea bargain.  Other times, it might be better for our clients to plead not guilty and fight the charges in court.  By scheduling a consultation with an experienced Orange County criminal defense attorney at the firm, we can review the facts of your case and advise you on how we think you should proceed forward.

To schedule a consultation to discuss your case, please contact the Law Offices of Virginia L. Landry today! You can also click here to fill out a free case evaluation.

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!

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!

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!

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!

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!

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.

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 .

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!

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!

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.