Posted by Richard Wagner | Dec 25, 2022 |
Challenging a DUI in California is difficult; the laws are complex and the prosecutors and DMV Hearings Officers are tough. Without an experienced DUI attorney, your chances are slim, and your chances of making mistakes increase.
Once you've been arrested for DUI, you'll be given a 30-day driver'...
Posted by Richard Wagner | Dec 24, 2022 |
The Law Office of Richard Wagner successfully persuaded a judge in Orange County to grant pretrial Mental Health Diversion for a client arrested and charged with driving under the influence (DUI) of drugs. However, as shown below the law has changed and Mental Health Diversion is longer available...
Posted by Richard Wagner | Dec 22, 2022 |
Huntington Beach is the most populous beach city in Orange County. It is bordered by the Bolsa Chica Basin State Marine Conservation Area, the Pacific Ocean, Seal Beach, Westminster, Fountain Valley, Costa Mesa, and Newport Beach.
HB is known for its long stretch of sandy beach, mild climate, gre...
Posted by Richard Wagner | Dec 21, 2022 |
California Misdemeanor DUI
How likely is jail time for a first DUI?
What are the penalties for your first, second, or third DUI conviction?
How often do first-time misdemeanor offenders go to jail?
What are the chances of going to jail for a second DUI?
If there are aggravating facts re...
Posted by Richard Wagner | Dec 11, 2022 |
What Happens If You Do Not Take A DUI Test?
You may be concerned about what will happen if you refuse to take a blood alcohol test after being arrested for a DUI in California.
There are serious consequences if it is proven that you refused to take a blood or breath test, also known as a chemica...
Posted by Richard Wagner | Dec 03, 2022 |
In more serious misdemeanor and felony cases, you have to post bail or stay in jail pending the outcome of your case. However, in the most serious cases, the court can deny you bail. These are capital crimes or those cases where the judge determines your release would result in great bodily harm ...
Posted by Richard Wagner | Nov 22, 2022 |
Prosecutors can charge you with DUI and tack on the child endangerment enhancement under Vehicle Code Section 23572 if you are arrested for DUI and you had a minor under the age of 14 in your car.
Will I Go To Jail?
First offense: 48 hours in the county jail.
Second offense: 10 days in the count...
Posted by Richard Wagner | Nov 20, 2022 |
Do I Have To Get an Ignition Interlock Device Installed?
Drivers must install an IID before getting a restricted driver's license or restoring driving privileges after certain types of convictions. Depending on the conviction, the IID must remain installed for different lengths of time.
IID for D...
Posted by Richard Wagner | Oct 09, 2022 |
Keith Laroy Dews was arrested for DUI on January 29, 2011.
Mr. Dews appeared in court on February 14, 2011. His case was “discharged by the district attorney pending further investigation.”
After receiving a blood-alcohol-analysis report, the DA filed charges against Mr. Dews, accusing him of vio...
Posted by Richard Wagner | Sep 23, 2022 |
17-year-old Erik Taylor was driving two friends home from a school dance in his Toyota pickup truck.
As Officer Hohmann's car passed by Taylor's truck, “someone inside [Taylor's] vehicle yelled loudly, and [Taylor's] vehicle cut sharply behind Hohmann” as Taylor made a left turn. Officer Hohmann...
Posted by Richard Wagner | Sep 20, 2022 |
The automobile exception to the warrant requirement authorized a police officer to search a backpack, left in a friend's car because the officer had probable cause to believe the car contained an unlawful amount of marijuana.
Because the officer had probable cause to search the car for an unlawf...
Posted by Richard Wagner | Aug 26, 2022 |
Is the smell of marijuana and a driver telling the police officer that he has marijuana in the car enough to justify the search of the car?
Officer Jones was on “specialized DUI patrol.” She testified at the hearing to suppress the evidence that she saw Mr. Shumake driving with no front license ...
Posted by Richard Wagner | Aug 18, 2022 |
Police stopped William Leahy for driving 55 in a 25-mile-per-hour zone. According to the officer, “Leahy's face was flushed, his eyes were red and watery, his speech was slurred, his balance was unsteady, and he exuded the odor of alcohol.”
HGN EYE TEST
“Leahy took the HGN test. “Nystagmus is an...
Posted by Richard Wagner | Aug 11, 2022 |
Q: How likely is it to be convicted of a DUI when your blood alcohol content is below the legal limit?
Q: Can you still get a DUI with a BAC below 0.08%?
Benjamin F. Warlick got into a traffic accident and California Highway Patrol Officer Chris Jensen came to investigate.
Mr. Warlick told the CH...
Posted by Richard Wagner | Aug 07, 2022 |
A Monterey County jury convicted Brad Azcona of two premeditated murders, two attempted murders, three assaults with a deadly weapon, negligently discharging and possessing a firearm, and attempted robbery. The jury also found true the special circumstance allegation that Mr. Azcona committed mul...
Posted by Richard Wagner | Jun 24, 2022 |
Former Raider Wide Receiver Henry Ruggs is accused of driving 156 mph, and having a blood alcohol level of 0.16 percent. According to reports, prosecutors charged Ruggs with DUI resulting in death, DUI resulting in substantial bodily harm, two counts of reckless driving resulting in death or subs...
Posted by Richard Wagner | Feb 07, 2021 |
Diversion suspends, postpones, or presses the pause button on your criminal case for a certain amount of time to give you time to do certain things, like a treatment program. If you successfully complete diversion, the criminal charges, including DUI cases, are dismissed.
You also may legally ans...
Posted by Richard Wagner | Apr 12, 2020 |
“I start from the supposition that the world is topsy-turvy, that things are all wrong, that the wrong people are in jail and the wrong people are out of jail, that the wrong people are in power and the wrong people are out of power, that the wealth is distributed in this country and the world...
Posted by Richard Wagner | Apr 09, 2020 |
There are two types of probation: formal and informal.
Probation is the suspension of the imposition or execution of a sentence and the conditional release of a defendant into the community under the direction of a probation officer (“formal” or “supervised” probation) or the court (a “conditiona...
Posted by Richard Wagner | Apr 07, 2020 |
What happens if you get a DUI in California, while on vacation or you were here on a business trip, and you live in another State? Or, what happens if you get a DUI in California, but you want to move from California to another state?
The California DMV will report the conviction to the Departmen...
Posted by Richard Wagner | Mar 11, 2020 |
An Orange County judge sentenced a San Clemente woman to 51 years to life in prison for murdering three Las Vegas teenagers and injuring a fourth while driving under the influence.
Bani Marcela Duarte, 29, of San Clemente, was convicted on October 1, 2019 of three felony counts of murder, one fel...
Posted by Richard Wagner | Jan 06, 2018 |
A Los Angeles man was charged with driving under the influence and other crimes related to a New Year's Day crash that hurt an Uber driver and critically injured four passengers, the Los Angeles County District Attorney's Office said.
Michael Steward Forno of Los Angeles pleaded not guilty during...
Posted by Richard Wagner | Oct 25, 2017 |
SANTA ANA, Calif. – A drunken driver was sentenced to three years in state prison for crashing into an Orange Police Department (OPD) officer who was standing behind his patrol vehicle on a residential street.
Circumstances of the Case
At approximately 3:00 a.m. on Dec. 10, 2016, three officer...
Posted by Richard Wagner | Jul 02, 2017 |
SANTA ANA, Calif. – A man was sentenced today to eight years in state prison for crashing into a woman's vehicle while driving under the influence of alcohol (DUI), killing her dog and causing her arm to be amputated.
Circumstances of the Case
On Oct. 25, 2015, at approximately 4:30 a.m., Swar...
Posted by Richard Wagner | Mar 19, 2017 |
The LA Times reports a former Riverside police detective was sentenced in Orange County Superior Court to serve nearly a year in the Orange County Jail after pleading guilty to several felonies, including filing a false DUI report.
The former police officer admitted to submitting a false drunk-dr...