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California Drunk Driving Articles
California DUI News, Articles and Laws.
Off-Duty Deputy Arrested for California DUI
Kern County sheriff's deputy had stopped to help with a traffic accident.
A Kern County sheriff's deputy was charged with drunk driving in California early Friday morning, after he attempted to help with a traffic collision. Jessie Alvarez was off-duty when he stopped along Interstate 5 to assist at the accident scene around 2:15 in the morning on October 23. A California Highway Patrol officer suspected Alvarez was driving under the influence of alcohol and had him taken to a local substation to have his blood alcohol content checked.
Alvarez, 30, was booked for misdemeanor CA DUI and for having a BAC above the legal limit of .08%. He is subject to an administrative investigation, and is expected to be placed on leave.
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Councilman Charged with Drunk Driving in Orange County CA
Hitting utility pole and knocking out power to area homes leads to California DUI.
Andy Tuan Ngoc Quach, a councilman for the city of Westminster in Orange County, was arrested on suspicion of driving under the influence in California after striking a utility pole. Quach was reportedly driving home from dinner with friends when he struck the power pole around midnight with his Mercedes Benz S550. The impact knocked out power to about 300 homes in his city. Emergency crews restored power around 2:30 pm.
Quach, 37, claims to have nodded off and does not admit to being drunk. He did not submit to a breath test though he did provide a blood sample to test his blood alcohol content. Quach said he would assume "full responsibility for everything." He has served on the city council for seven years.
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California Supreme Court Agrees Breath Test Accuracy Can Vary
High court questions accuracy of breath test equipment used in CA DUI arrests.
On Thursday the California Supreme Court unanimously ruled that breath test results can vary between people. The finding bolsters claims by DUI defense attorneys that breathalyzers may not accurately detect the percentage of alcohol in a motorist’s blood system and result in a false arrest for driving under the influence. A handful of courts across the country have made rulings similar to that of the California high court.
Alcohol is carried through the blood stream to the brain, liver and heart before being diffused in the lungs. A breathalyzer is intended to analyze exhaled breath and determine if a driver has a blood-alcohol content above the legal limit for intoxication. The problem is that the source code assumes one model for a body’s ability to process alcohol and uses a straight line of assumptions to determine BAC. In actuality, it has become increasingly recognized that body temperature, atmospheric pressure, medical conditions as well as the calibration of the device can create a wide fluctuation in results.
In California, a DUI can be charged two ways: when a motorist exhibits obvious signs of intoxication, like blood-shot eyes, slurred speech and a lack of stability; or when a test for blood alcohol content registers .08% or higher. In the latter case, the threshold is considered definitive for intoxication even though the driver may show no signs of impairment.
The application of penalties for drunk driving is rarely graduated based on level of blood alcohol content and a motorist typically faces severe financial, legal and social difficulties by being found guilty of driving under the influence. The fact that a motorist may be prosecuted based on a false reading is one of the concerns being addressed by the courts. By law, a defendant has the right to challenge an accusation of a crime, though until recent court rulings, the workings of the equipment and the nature of the source code were held as trade secrets by the manufacturer.
The high court justices believe entering evidence of the variability of test results to the jury does not remove the presumption of intoxication. Prosecutors accept that more breath test evidence will be challenged in California DUI cases, but agree that there often is additional evidence to warrant a conviction for drunk driving.
DUI defense lawyers are pleased with the ability to raise the question of the accuracy of breath tests and the court’s acceptance that one-size does not fit all.
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CHP Reports California DUI Arrest Totals
More than 1,200 arrested for drunk driving in CA during 4th of July holiday.
California Highway Patrol officials revealed that 1,239 motorists were arrested for suspicion of driving under the influence over the holiday weekend. A targeted CA DUI enforcement effort was conducted between 6:00 pm Friday and midnight Sunday. There were 1,684 California DUI arrests during the same three day period last year.
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LA Judge Nabbed for California DUI
County judge arrested for drunk driving after traffic violation.
A Los Angeles County Superior Court judge was arrested late Thursday night for suspicion of driving under the influence in California. Judge John Thaddeus Doyle was stopped in the Baldwin Hills area of South LA around 11:15 pm for a traffic violation and subsequently charged with drunk driving. He was released around 4:30 am Friday after posting $30,000 bail. Doyle, 56, serves the Compton and Glendale courthouses.
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Proposed Legislation Would Get Tough on BUI in California
Lawmaker wants to seize driver’s licenses in cases of boating under the influence in CA.
California state lawmaker John Benoit has sponsored legislation that would suspend a California driver’s license when an individual is convicted of boating under the influence of alcohol or drugs.
In the mid-90’s the California Department of Motor Vehicles began suspending the privilege to drive a vehicle following a BUI conviction. That action was stopped following a 2008 decision by the California Court of Appeals that the DMV lacked the authority to do so. Senate Bill 154 aims to reinstate the license suspension penalty. The legislation calls for the DMV to suspend driving privileges for those with a prior conviction for California DUI or BUI when found guilty of a subsequent offense. Offenders would also be required to complete an alcohol education program.
State records show that approximately one quarter of all deaths on California waterways involves alcohol impairment. Benoit issued a press release stating, “My legislation reflects the seriousness of BUI offenses, protecting the safety of travelers on California’s streets, highways and waterways.” The bill was passed by the Senate in late May and received support from the Assembly Committee on Public Safety last week. It is now scheduled for review by the full Assembly.
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Dodgers Pitcher Arrested for California DUI in Los Angeles area
Ronald Belisario stopped for suspicion of drunk driving early Saturday morning.
Ronald Belisario, reliever for the LA Dodgers baseball team, was arrested on suspicion of driving under the influence in California. Belisario was stopped near his Pasadena apartment by California Highway Patrol around 2:30 am for talking on his cell phone. He was arrested after showing “symptoms of possible alcohol intoxication”. Belisario was reportedly cooperative during the arrest and booking at the Pasadena Police Department.
The 26-year old relief pitcher is from Venezuela. He signed with the Dodgers last January as a free agent, after pitching two seasons with the Pittsburgh Pirates.
The Dodgers organization expressed disappointment in the CA DUI arrest and offered to provide any help they can. Coach Joe Torre felt it best for Belisario to seek legal guidance from a California DUI defense lawyer before commenting on the situation.
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Major Christian Minister Involved in Felony California DUI
Pastor with Trinity Broadcasting Network pleads guilty to drunk driving in Orange County.
Stephen Eugene Galiher, a major personality with TBN, has pleaded guilty to two counts of felony California DUI. In late April 2009 Galiher was reportedly driving in excess of 85 miles per hour in a company owned BMW on an Orange County freeway when he smashed into another vehicle.
Investigating California Highway Patrol officers said Galiher had a strong odor of alcohol and that his eyes were red and bloodshot. The pastor admitted to having consumed two glasses of red wine prior to the 10:00 pm accident. Galiher failed several field sobriety tests and was booked on two counts of driving under the influence in California.
Galiher is the head pastor of the Trinity Music City Church, a place of worship at the Christian theme park owned by TBN in Hendersonville, Tennessee. Just four days before the accident, Galiher appeared in ‘Behind the Scenes’, a show where TBN head Paul Crouch visits with his many ministers.
In late May Galiher entered a plea of guilty in Orange County Superior Court to California DUI with injury and CA DUI with a BAC in excess of .08% with injury. He is scheduled to be sentenced next December and he is free on $100,000 bail. Galiher remains in the employ of TBN. His 70-year old victim remains hospitalized, unable to walk, with four broken ribs, a broken arm, a broken leg and pins in his vertebrae.
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California Prison Director Charged with Drunk Driving in Sacramento
Prison under-secretary arrested on suspicion of CA DUI.
The under-secretary in charge of adult and juvenile prisons and parolees in California has been charged with driving under the influence. Scott Kernan, 47, was driving a state vehicle when he was stopped by the California Highway Patrol for speeding in rural Sacramento County. His blood alcohol content reportedly was above the legal limit of .08%.
Kernan was appointed to the California Corrections department in November 2008. A spokesperson with the department said that Kernan was on personal leave pending discipline. He could be temporarily suspended or lose his job. Kernan has issued no comment, except to express remorse to his superiors for his actions.
Kernan is scheduled to be arraigned on charges of California DUI on July 16.
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Head of Anti-DUI Unit Accused of Driving Under the Influence in California
Defendant runs the Sonoma County alcohol and drug addiction program.
Thomas Newell was charged with suspicion of driving under the influence in Northern California following a tip from another motorist. Newell was observed driving recklessly in his Mercedes-Benz by an off-duty firefighter. Responding California Highway Patrol officers suspected the influence of drugs and booked the defendant at the Sonoma County jail.
Newell, 53, is the supervisor in the Department of Health Services of the Sonoma County drug and alcohol services division. The program targets drunk driving offenders by offering addiction rehabilitation.
A blood sample was drawn though the results of toxicology tests will not be known for several weeks. Newell reportedly said he was taking pain killers for chronic pain from five knee surgeries and a hip replacement. A spokesperson said Newell is on leave from work, and made no further comments.
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