Archive for category: Legal News

What’s your best option if you are stopped while driving and the officer accuses you of driving while intoxicated? The laws governing a DUI stop provide you less rights than you would have in a routine police encounter. The idea behind this abridged due process during a DUI stop is that driving on California highways is a privilege, not a right, and so you are not entitled to all of the Constitution’s protections. However, you retain some rights if you are pulled over on suspicion of DUI.

When you are stopped for suspected drunk driving, you are considered detained and are not permitted to leave. Even if the officer has not yet told you your Miranda rights, which are not necessary until you are arrested, your right to stay silent is invoked throughout the detention. You must present the police with your driver license (and vehicle registration), but you are not required to answer any questions. As with any police detention or arrest, the best course of action is to cooperate respectfully and offer identification, but to inform the officer of your want to remain silent.

The majority of people intuitively feel that if they answer all police questions, they would be handled more leniently, whereas if they refuse to answer, they will be treated harshly. It’s against the law for a police officer to respond in either of these ways. People frequently react to police queries such as have you been drinking by saying yes, but only one glass of wine or two beers, etc., in the hope that this will convince the cop that they are not under the influence. This is an error. It will not persuade the cop and will be used against you in the event that you are caught and charged. Frequently, when you respond to an officer’s questioning, you provide them with additional evidence to use against you, even if you believe your responses are exculpatory.

If the officer believes you are impaired, he or she will request that you undergo a field sobriety test. These tests include touching your nose with your closed eyes, standing on one foot, and walking in a straight line. The officer will not inform you that doing field sobriety tests is entirely voluntary, and the truth is that the majority of individuals are unaware that they are not forced to do so. It is prudent to inform the officer nicely that you do not wish to undergo these examinations. Why? Because if the police suspects you of being under the influence, he or she will almost surely conclude that you failed the field sobriety tests. (After all, who wouldn’t?) Even if you are entirely sober, performing those tasks can be difficult.) Do not believe that you can pass these tests, even if you are not impaired, and then be on your way. The police uses the field sobriety tests solely to enhance their evidence.

The officer’s ultimate purpose is to have you submit to a chemical test, which will most likely be a breath test at the time of the stop. You must submit to a chemical test only if the officer arrests you for driving while intoxicated. However, before the officer may arrest you, he or she must have probable cause to suspect you are driving while impaired. In other words, the officer has to clearly observe objective factors such as slurred speech, the odor of alcohol, and stumbling. If you choose to deny the submission of a chemical test following your arrest, you will face extra penalties, including an automatic one-year suspension of your driver license (on a first-time DUI; harsher on repeating DUIs). You cannot refuse to submit to the chemical test on the grounds that you have a right to an attorney. While you do have the right to an attorney if you are arrested for DUI, that right does not include the ability to delay the chemical test.

If you’ve recently been charged with a DUI, find a DUI attorney near you!

Additional Resources:

• DUI Attorney Austin
• Atlanta DUI Attorney
• DUI Laws By State

Jose Vasquez was arrested by San Bernardino Police Wednesday morning and is currently in jail awaiting trial for the hit-and-run resulting in the death of 2-year-old Jonathan Montes. California Highway Patrol officers stated that Jose Vasquez was driving through Perris Hill Road in San Bernardino going 40 mph in a 25 mph zone when he hit 2-year-old Jonathan who was playing outside in the street with his 5-year-old brother.

After Vasquez had hit Jonathan, he kept driving and didn’t stop to give aid to the young boy nor did he attempt to contact the authorities. Officials stated that Vasques was afraid and did not have a California driver’s license. Vasque has also been arrested in the past for prior drug offenses.

A neighborhood business surveillance video gave investigators some insight how the accident when down. Officers stated they could see the silver Toyota Echo that Vasquez was driving that evening.

County prosecutors will overview the case and decide if there is enough sufficient evidence to issue criminal charges against Vasquez.

It’s a tragedy that young Jonathan had his life taken from him, California drivers need to follow laws and pay attention when they are driving.  May if Vasquez was following the speed limit, 2-year-old Jonathan would still be here with us today.

If you or a loved one have been injured in car accident in San Bernardino County, contact our experienced San Bernardino car accident attorney today.

Tuesday morning Hanover Circuit Judge J. Overton Harris sentenced 32-year-old Donald Johnson of Hanover to serve 12 years in prison.  Johnson pleaded no contest to two felonies, he was charged with aggravated involuntary manslaughter and maiming. His blood-alcohol lever was three times over the legal limit in the state of Virginia.

Around October 2013, Johnson was driving under the influence in Hanover when he lost control of his vehicle near Bell Creek Road and veered across Highway 150, colliding head-on with another car.  The driver of the car was identified as 74-year-old Myrtle Duling who was head home with her daughter after visiting her husband in a rehabilitation center.  She passed away a few days after the accident took place while in operation at a local medical center.  Her 54-year-old daughter was riding in the passenger seat, she also suffered from multiple sclerosis.  As her system weakened and stresses from her injuries, she pass away a few months  later.

Myrtle’s husband is now without his wife of 57 years, Warren Duling struggled in court for words, “She was my best friend for 57 years. We married when she was 17,” Warren stated.  “I wouldn’t wish on anybody.” He said.

If you or a loved on have been affected by a DUI-related accident, contact the attorneys at the Law Office of Gregory R. Hough today.

20-year-old Antony Schoenle lays in bed at UC San Diego Medical Center after he escaped a fiery car crash in the San Diego area that killed two of his passengers.  He is being charged with two counts gross vehicular manslaughter while intoxicated and DUI causing great bodily harm.

According to authorities, Antony was driving a Dodge Stratus with two other female passengers, Guadalupe Amado, and Lizette Gracia, and a dog.  Prosecutor’s stated that he was under the influence of alcohol and drugs consisting of cocaine and marijuana that he had consumed during a twelve-hour period before the accident.

Antony was traveling southbound on Friars Road when he lost control and drove off the road around the Pacific Highway overpass. He then struck a curb that sent the vehicle into the air and down an embankment, where it collided with a pillar and soon caught on fire.

Prosecutor Deputy District Attorney Steven Schott stated that Antony got out of the vehicle by climbing over Garcia “whom he described in an interview later as “dead weight,” then proceed to flee to another vehicle.  Prosecutor Schott also stated that Antony Schoenle wanted to leave the scene.

Antony Schoenle’s preliminary test revealed that he had a blood-alcohol content of .09 percent, two hours after the crash occurred. San Diego Superior Court Judge Fraser set Antony Schoenle’s bail at $2,000,000.