Driving Under the Influence (DUI)

It was recently reported that a San Diego man will stand trial for gross vehicular manslaughter for the death of his passenger in a June 2009 car crash. Charles Eugene Lemay, of Oceanside, was allegedly driving his truck on Highway 78 with Shannon Maureen Mahoney in the passenger seat. She was allegedly not wearing a seatbelt. Lemay allegedly went off the road, flipping the vehicle multiple times. Lemay allegedly sustained moderate injuries while Mahoney died. Police who arrived at the scene stated that Lemay was “acting irrational.” In Lemay’s preliminary hearing over the accident, the judge found that there was sufficient evidence for Lemay to stand trial for gross vehicular manslaughter.

Gross vehicular manslaughter is one of three degrees of manslaughter. It is defined as a crime that results in the death of a person due to an illegal action that took place while driving a vehicle. It can be tried as a misdemeanor or felony. Penalties vary depending upon the circumstances but include state prison time of up to ten years, fines, and probation.

If you or a loved one is facing a vehicular manslaughter charge or any similar charge, contact our experienced San Diego criminal defense attorneys at Wallin and Klarich. Our attorneys have been helping those accused of serious crimes for more than 30 years. Call Wallin & Klarich today at (877) 230-1529 or visit our website at ww.wklaw.com for more information. We will be there when you call.

San Diego Channel 6 recently reported that a school bus was in an accident near Euclid Avenue and Guymon Street in San Diego. The school bus had no students in it at the time of the accident. The San Diego school bus driver was believed to have suffered a seizure or other medical issue which possibly caused the accident. The accident ended with the school bus plowing into the front of a home after hitting a minivan. Both the San Diego school bus driver and two people from the minivan were taken to the hospital.

In situations like the one above, the driver could face having his/her driver’s license suspended and potentially revoked by the DMV. The state of California can take a driver’s license if it is determined that the person has a physical or mental condition that can affect his/her driving abilities.

Have you or a loved one recently had your license suspended following a medical issue like a seizure? If the California DMV feels that you have such a condition, a P&M (Physical and Mental) hearing must be held. It is important to contact an experienced San Diego DMV Hearing attorney to represent your interests and your rights at the hearing.

At Wallin and Klarich, our San Diego DMV Hearing attorneys have successfully represented many clients in this situation. Our knowledgeable San Diego DMV hearing attorneys will work to ensure that the facts of your case are heard. Many drivers in your situation are still able to safely drive and shouldn’t lose their driving privileges. Contact us as soon as possible via phone at 1-877-230-1529 or fill out our consultation form online at www.wklaw-sandiego.com for a free evaluation of your San Diego County case. We can work to reinstate your driving privileges.

Recently San Diego Channel 10 reported on an arrest of an 18-year-old man in San Pasqual in San Diego County. The man was arrested of suspected DUI and child endangerment charges. A 14-year-old minor was a passenger in the man’s vehicle and was injured when the vehicle rolled on San Pasqual Valley Road.

Child endangerment is defined as a criminal action in which an adult places a minor child in an unsafe and potentially harmful situation. The charge can either be a misdemeanor or felony. When child endangerment is charged in connection with a DUI, it is often charged as a felony. The potential consequences of felony DUI and child endangerment conviction can include jail time, probation, mandatory DUI classes and child abuser classes, stay-away conditions from the minor, substantial fines, suspension of your license, and community service. In fact, the law requires the judge to sentence a person convicted of these crimes to a mandatory minimum jail sentence.

If you or a loved one have been charged with child endangerment in connection with a DUI, it is important to seek out legal counsel since a conviction carries hefty consequences. At Wallin and Klarich, our San Diego DUI attorneys can inform you of your rights, help plan your defense, and help you understand the often complicated legal system in regards to your DUI and child endangerment charges.

If you have been arrested or charged with DUI and/or child endangerment, make sure you hire an excellent criminal defense lawyer who can fight your case for you—and with you. If you would like to speak to a San Diego criminal defense lawyer about your criminal case, contact Wallin & Klarich right away via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County case at www.wklaw-sandiego.com.

If you are pulled over for a driving under the influence in San Diego, there is a good chance you will be arrested. When you are arrested for a DUI in San Diego, the law enforcement officer that arrests you will take you to the police station. While there, he or she may have you blow into a breath test machine or they may take your blood.

At the station, you may be kept in a holding cell. Sometimes, the holding cell will be full of other individuals who were also arrested for DUI. Some of these people may decide to bail out. Those who do not bail out will typically only be held for about 8 hours. The law enforcement officers want to hold you in custody for long enough so that you are sober by the time they release you. Given the likelihood that you will be getting out within a relatively short time, it might be wise for you to not bail out.

The money that you save on bail bonds fees can be put to very good use when you retain an experienced DUI defense law firm to help you. You will be facing a likely DMV suspension as well as a criminal case where you face the possibility of jail time, high fines, the loss of your driving privilege and possible loss of your automobile insurance.

If you have been arrested or charged with DUI, make sure you hire an excellent criminal defense lawyer who can fight your case for you—and with you. If you would like to speak to a San Diego criminal defense lawyer about your criminal case, contact Wallin & Klarich right away via phone at 1-877-230-1529 or fill out our consultation form for an evaluation of your San Diego County case at www.wklaw-sandiego.com.

San Diego Channel 6 reported that a man from Massachusetts, who was traveling across country on his motorcycle, died in Carlsbad, California. The motorcyclist was on Carlsbad Boulevard when the accident happened. He and a friend (also from Massachusetts) were stopped at a red light on their bikes. It is alleged that a suspected drunk driver, Keith Roles from Poway, California, hit the man on his motorcycle from behind. Roles is suspected of driving approximately 60 miles per hour when he hit the man. Roles was taken to Vista County Jail with charges of vehicular manslaughter and DUI.

This is one of the dangers of driving under the influence. If something goes wrong and someone dies as a result of your DUI, you could be charged with manslaughter or even murder. In fact, if you had a previous DUI conviction and this happened, the odds are you will be charged with 2nd degree murder. The residents and police of San Diego’s North County have a strong policy to aggressively prosecute all those whom are arrested for a DUI. This means that, if you are arrested for vehicular manslaughter or a DUI, you need an experienced San Diego DUI defense lawyer on your side who feels strongly about protecting your legal rights.

If you have been arrested or charged with DUI or Vehicular Manslaughter, make sure you hire an excellent criminal defense lawyer who can fight your case for you—and with you. If you would like to speak to a San Diego criminal defense lawyer about your criminal case, contact Wallin & Klarich right away at 1-877-230-1529 or fill out our consultation form for a free phone evaluation of your San Diego County case at www.wklaw-sandiego.com.

If you or a loved one has recently been charged with a DUI in San Diego, you might be wondering what potential consequences you could be facing. Each case is obviously different, so the consequences can vary. However, if this is your first time DUI offense, here are some of the possible penalties for the DUI misdemeanor in San Diego:

1. Jail time for up to 6 months
2. Informal probation for up to 5 years
3. Court ordered community service
4. Court ordered public work service
5. Attendance at state approved DUI classes for 3-9 months
6. Attendance at Alcoholics Anonymous meetings
7. Attendance at Mothers Against Drunk Driving (MADD) panels/meetings
8. Ignition interlock device
9. License suspension for up to 6 months
10. Fines from $390 to $1000 plus penalty assessments, which brings the total fines to almost $2,000

Remember that these are the possible consequences. Be aware that consequences can be more harsh if an accident also occurred in conjunction with the DUI arrest or if other drugs were involved or if your Blood Alcohol Concentration (BAC) is high.

We, at Walling and Klarich, want to make sure that you understand the process as we work to obtain the best outcome for your first time San Diego DUI offense. Our aggressive and knowledgeable San Diego DUI attorneys can help you through this difficult process and will work to help you avoid jail time and a loss of your driving privileges.

If you or someone is facing DUI charges in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.

We meet many people who have been arrested for committing crimes in San Diego County. Of all the crimes, “drunk in public” appears to be the most over-charged crime in San Diego. San Diego police officers routinely will arrest someone for being “drunk in public” for a variety of reasons. It usually happens when the citizen does not give in to the police officer’s demands, or when the citizen simply insists on protecting his own constitutional rights, or even when the citizen merely smells like he has had some alcohol recently. The problem is that none of these facts, by themselves or even altogether, are sufficient evidence to convict someone of the crime “drunk in public.”

“Drunk in public” is the common name given to California’s Penal Code 647(f). This code section tells us that, in order to convict a defendant of being drunk in public, the prosecutor must prove that the defendant either:

1. was influenced by alcohol or drugs so strongly that he could not care for himself or others, or
2. was influenced by alcohol or drugs to such a degree that he interfered with the free use of any street or sidewalk. In either situation, the prosecutor must also prove that you were in a public place at the time.

As you can see, simply being drunk, smelling like alcohol, slurring your words, or even being a jerk or a mad drunk (or a happy drunk) is not enough to convict you of being drunk in public. Evidence that you were not “drunk in public,” as the law defines it, would include the fact that you had an intelligible conversation with the San Diego police officer, the fact that you were able to call a cab at the time and remembered your own address so you could tell the cab where to take you. If you could do these things, clearly you were able to care for yourself and others and make sure you ended up back at home safe and sound.

Knowing what you know now, if you have been charged with being “drunk in public,” you need to make sure you hire a knowledgeable and experienced San Diego criminal defense lawyer to fight your case. Seeing as how this is one of the most over-charged crimes in San Diego County, chances are the prosecutor and the cops will not actually be able to prove you are guilty. You need a San Diego criminal defense lawyer to prove that point to them. If you would like to consult with a San Diego criminal defense lawyer, contact Wallin & Klarich today.

If you or someone you love is facing Drunk in Public Charges in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.

When you find yourself facing a San Diego DUI charge, you might be wondering, “How can I help with my defense?” The first and most important thing you can do is to contact an experienced and knowledgeable San Diego DUI attorney who knows all of the DUI laws in the state of California. Since a DUI case is very complex, this San Diego DUI attorney will make a big difference in how smoothly your case proceeds and in the potential outcome of your case. Along with hiring a great lawyer, you should also do the following:

1. Write down all potential witnesses. This will include your friends and others who were present prior to or during your arrest.
2. Write down all of the events that occurred prior to the arrest and following your arrest. Remember to do this quickly as our memories often fade over time. Include time frames if you can recall them.
3. Collect any documents that can help demonstrate your good character. These documents can include character reference letters from friends, family, and employers. Obtain documents showing your employment history and opportunities you’ve taken to help in your community. If you can obtain statements from friends describing your responsible drinking habits in the past (such as always using a taxi or a designated driver), then those statements would be helpful.

All of these things will assist your San Diego DUI lawyer in developing your defense plan and helping them provide you with the best possible outcome to your DUI case.

If you or someone is facing DUI charges in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal and DMV case.

The San Diego Union Tribune reported on the recent drunk driving crash that ended in the fatality of a Torrey Pines High School student. The driver of the vehicle was a 17 year old classmate of the student and is now potentially facing charges of felony DUI and gross vehicular manslaughter. The driver will not be charged as an adult according to the San Diego District Attorney’s office and his case will be handled in the juvenile courts.

If you find yourself with a minor who has been charged with a DUI, you need to take the charges very seriously and seek the assistance of a skilled San Diego Juvenile Defense attorney. Juvenile court is operated very differently from adult criminal adult court. To begin, juvenile courts have their own policies and regulations separate from adult criminal court. Juvenile courts do not offer jury trials but are handled by a judge only. The juvenile court’s goal is to help the “delinquent” minor with the use of rehabilitation, counseling, and education. But incarceration in a juvenile detention facility and/or probation can be a possibility depending on the seriousness of the crime the minor is facing. In addition, when a minor is facing DUI charges, it poses serious risks to his or her driving privileges. The minor may end up with a one year license suspension.

Given all these risks, you can see how important it is to make sure that a minor who is being charged with a DUI has an experienced and qualified DUI lawyer. Our lawyers in San Diego have the experience you need. It is also important to have an attorney experienced specifically in Juvenile Defense. Our lawyers can help ensure that your minor’s rights and future are protected. Call us today at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.

Source:http://www3.signonsandiego.com/stories/2009/oct/06/bn06student-due-in-court/?&zIndex=178377

If you have recently been arrested for a DUI, you will find that you are facing two separate cases.  One case will be a held in a criminal court while the other will be handled with the California Department of Motor Vehicles (DMV.) Obviously, you will be taking both of these cases very seriously. The first thing you need to do is contact an experienced San Diego DUI lawyer right away. This San Diego DUI lawyer can make a big difference in the result of both of these cases, since they are very complex. We, at Walling and Klarich, are those experienced DUI lawyers.

Your knowledgeable Wallin and Klarich San Diego DUI lawyer will begin by handling the DMV case first. The DMV case must be handled within the first 10 days following your arrest.  As your lawyers, we will schedule your DMV hearing to prevent your license from being suspended right away. If you don’t handle this right away, you will find yourself losing your driving privileges automatically after 30 days.

As your San Diego DUI lawyers, we will also be hard at work handling your criminal case. We will review the police reports and all other evidence ensuring that we can provide you with the best defense possible. We will file pretrial DUI motions which can potentially lead to a complete dismissal of your case or assist in negotiations with the prosecutors resulting in a reduction of the charges. Know that we will be striving to make certain that we come to the best possible resolution of your San Diego DUI case.

If you or someone is facing DUI charges in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for an evaluation of your San Diego County case.