Archive for May, 2009

Sacramento car accident injures boy, driver accused of California DUI

A 14-year-old boy is in critical condition after he was dragged underneath a van while riding his bike, the Sacramento County Sheriff’s Department said. He was dragged for about 100 feet.

The driver was arrested on suspicion of driving under the influence in Sacramento of drugs and operating a vehicle with a suspended license.

The collision is under investigation.

Sacramento DUI Lawyers:

California DUI Attorney
- Manuel Barba

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For the second Memorial Day weekend in a row, drunken-driving arrests in Monterey County more than doubled, officials said Tuesday.

During the Avoid The 18 crackdown, police officers, sheriff’s deputies and California Highway Patrol officers arrested 49 motorists on suspicion of driving under the influence, up from last year’s 21. In 2007, officers made 10 DUI arrests over the holiday weekend.

The enforcement sweep, which included a DUI checkpoint in Salinas and increased patrols around the county, started Friday and ended Monday night.

Lynn says additional state grant money from the California Office of Traffic Safety allowed law enforcement agencies to increase patrol hours, and thus boost arrest numbers.

“With more units out there, we’re able to catch more,” he said.

More California Memorial Day DUI Arrests

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The Tuolumne County CHP recorded seven driving-under-the-influence arrests over the three day Memorial Day weekend.

The CHP’s 78 hour Maximum Enforcement Period started at 6pm Friday and ended Monday midnight.

In addition to the seven DUI arrests, the CHP also dealt with the Saturday 5:30pm double fatality accident on Hwy 120 between the Yosemite Junction and Chinese Camp.

A 26 year old Sacramento man driving a 1995 Dodge Intrepid was killed along with a two year old girl when their car was involved in a head on collision caused by 39 year old Gregory Ruccello of Turlock who crossed over a double yellow center line in an effort to pass another vehicle.

According to CHP Officer Tom Wills 12 people have now lost their lives on Tuolumne County roadways this year. Last year there were only three recorded deaths in the county.

In Calaveras County eight arrests for driving-under-the-influence were made over the three day weekend. Calaveras County experienced no fatalities during the 78 hour M.E.P.

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20
May

Sacramento man ID’d as crash victim

   Posted by: duinick    in Sacramento Car Accident Law

An Olivehurst man died in a head-on accident Friday night on Interstate 5 in south Sacramento County, according to the CHP and media reports.

Juan Carlos Reyes-Torres, 30, was driving a 1990 Toyota Camry north on I-5 south of the Lambert Road overcrossing at about 10:15 p.m. when Albert J. M. Hu of Stockton, who was headed south on I-5 in a 1999 Honda Accord with an unidentified female passenger, crossed the median and went into the opposite lane for an unknown reason.

Hue’s car collided head on with the car driven by Reyes-Torres,. The collision killed both Hue, 38, and Reyes-Torres at the scene, according to the CHP.

The passenger was taken to University of California Davis Medical Center in Sacramento with minor injuries. Her condition and hometown were not available Sunday.

The accident closed a northbound lane on I-5 for almost three hours Friday night and Sunday morning.

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When Folsom police officers responded to a call involving an alleged intoxicated man and a physical altercation, they discovered that the suspect was a fellow officer.

Off-duty Officer Evan Fardanesh, 34, had been at a restaurant located along the 25000 block of Blue Ravine Road where, allegedly, he had an altercation with another patron, according to a statement issued by Folsom Police Public Information Officer Michelle Beattie.

Beattie said that the patron called 911. Upon arrival, police contacted the alleged victim, who told them that he’d placed Fardanesh under citizen’s arrest.

Fardanesh was in his vehicle when his fellow officers found him. He was arrested on suspicion of driving under the influence and battery.

Fardanesh’s blood-alcohol level was reportedly .19, which is more than twice the legal limit, according to the statement.

No injuries from the altercation were reported, according to Beattie.

Fardanesh was not booked into Sacramento County Jail when he was arrested, she said.

“He was released to a responsible party,” she said. “He didn’t receive special treatment. That is an option that is available to us (and is) something we do with some DUI arrests.”

She said the citation and release of the officer, “is the same as an arrest.”

Fardanesh, a nine-year veteran of the department, is on paid administrative leave pending an internal affairs investigation.

“(The case) has been turned over to the Sacramento County District Attorney’s office. They will determine whether or not to prosecute,” Beattie said.

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West Sacramento Auto Accident Law

What started out as a traffic stop ended in a crash leaving one person injured and another in handcuffs.

West Sacramento police officers tried to pull a car over for having no front license plate. But the driver took off and ended up slamming into a power box on Reed Avenue.

A female passenger in the car was hurt.  Police say she taken to the hospital with moderate injuries.

As for the driver, police say it wasn’t the suspect’s first run-in with the law.

“He said later the reason why he fled is that he’s got multiple felony warrants which has been confirmed. He’s also possibly under the influence of alcohol,” said West Sacramento police Lt. Tod Sockman.

The suspect is now facing felony hit and run charges and possibly Sacramento, California DUI.

The  Sacramento car accident caused the signal lights to go out at one intersection.  Crews are working to repair the power box.

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Firefighters say a woman was hurled high into a tree after a car crash on a Sacramento freeway, and survived the accident.

“The female passenger had been ejected from the car and thrown up and over the sound wall which is about 12 feet high,” a fire department report said. “She landed in a tree in the backyard. The tree actually cushioned her fall, which enabled her to survive.”

The woman was in a car with her husband when the crash occurred Wednesday on Highway 99.

The first engine company responding to the accident report couldn’t find anyone in the wrecked vehicle, but another unit responding to a medical-aid call at a nearby house discovered two victims – one on the ground and another stuck in a plum tree.

The woman’s husband, who had been driving, apparently was able to get around the high wall, despite serious injures, to try to help his wife.

A resident, Sarah Rochan, told KOVR-TV in Sacramento: “That was the Lord. It wasn’t her time to go.”

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California police arrested an 18-old-man after he reportedly attempted to avoid a sobriety checkpoint by stopping and driving in the opposite direction, leading officers to chase the suspect, Merced-Sun Star reports.

Eddilberto Flores was charged with suspicion of evading police, driving without a license and with a DUI, according to the article.

Police said the incident occurred “around midnight” on Saturday morning after officers reportedly observed the suspect put his Honda into reverse in what appeared to be an attempt to avoid the checkpoint on the 400 block of West 16th Street.

After police gave chase, Flores allegedly stopped his car in front of residence on West 12th Street and fled on-foot, according to Sergeant Jay Struble. The suspect was found hiding in a backyard shed and taken into custody.

According to police, the suspect had a blood alcohol level of .02 percent, which his below the state’s .08 percent legal limit to drive. However, under California’s Zero Tolerance Law, anyone under the age of 21 with a blood alcohol level of .01 percent or higher can be arrested.
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A ventricular drain with pressure monitor was placed in his brain on January 7, 2001. In addition to the foregoing, Plaintiff was suffering from aspiration and a right-sided pneumothorax. As a result, a chest tube had to be placed into his lung in the Emergency Department.

The operation to place the ventricular drain and pressure monitor in his skull took place on January 7, 2001. To rule out intra-abdominal injury a diagnostic peritoneal lavage was carried out on January 7, 2001, with an incision made below his navel.

Plaintiff was finally discharged on February 18, 2001, having been hospitalized for six weeks. Following his discharge from UC Davis Medical Center, Plaintiff was transferred to Sierra Gates Rehabilitation for initial head injury rehabilitation. On March 1, 2001, he was released to his parents’ custody.

BRAIN DAMAGE

Plaintiff suffered brain damage in the collision. On December 18, 2002, he was assessed by Alan E. Brooker, Ph.D., ABPP-CN, CRC, a clinical neuropsychologist. In his report, Dr. Brooker concludes the following:

“Thus, the pattern of neuropsychological test date reflects most difficulties are clearly delineated by auditory attention and concentration, delayed procedures (e.g., 18-second delay), but more profound difficulties were found with visual immediate memory, visual delayed memory, and auditory recognition delayed memory as measured by the WMS-3rd Edition.

His speech and language skills appear relatively intact in normal conversation, but he clearly has word-finding and word-naming difficulties. His performance on the COWAT suggested word-retrieval problems on a letter fluency task and he clearly has impaired performance for naming on the Boston Naming Test. His cognitive flexibility as measured by the Wisconsin Card-Sorting Test appears to be relatively stable. Behaviorally, he manifests lowered frustration tolerance with occasional panic attacks but, more importantly, clear evidence of apathy. This manifests in an adjustment disorder. Symptoms of note are clearly delineated on the responses on the SCL-90-R Symptom Profile.”

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Even though he was only in the 9th grade, Plaintiff was the star of his high school soccer team. In the year 2000 he excelled at all athletics and his studies came easily. College was a given as his father was a psychiatrist and his mother a college graduate.

Today, Plaintiff is not going to college. He cannot engage in athletics. He is plagued by brain damage that has produced anger, irritability, memory problems and cognitive deficits. He also suffers chronic, debilitating back pain. He has been unable to keep even the simplest full time job. What happened to Plainitff?

THE COLLISION
On January 6, 2001, Plaintiff was the rear seat passenger in a 2000 Honda Accord driven by Susan Jones. Ms. Jones was driving down Blue Jay Road. She was driving too fast for conditions and ran off the road. Her car smashed into several large trees, crushing the top and injuring both Plaintiff and Ms. Jones. The one-car accident was investigated by the California Highway Patrol, Officers Pedretti and Jong. In their report they state the following:

“Cause: P-1: (Jones) caused this collision by failing to maintain her car on the right half of the roadway, Violation 21650 VC.”

INJURIES
Plaintiff was found in the vehicle. Photographs of the Honda showed its crushed roof. He was extricated and life-flighted to UC Davis Medical Center where he was placed in the Intensive Care Unit with a severe brain injury. He was maintained in a coma for two and a half weeks to combat swelling of the brain. A CT scan taken on January 7, 2001 (the day after the collision) showed the following:

1. Left inferior parietal lobe hemorrhage of his brain near the basal ganglia.

2. Right temporal lobe hemorrhages of his brain.

3. Global cerebral edema.

4. Right posterior parietal subcortical hemorrhage of the brain.

5. Right parietal soft tissue swelling of the brain.

6. Right upper parietal subcortical hemorrhage of the brain.

7. Bilateral frontal contusions.

Plaintiff’s initial Glasgow Coma Scale in the field was 6, but dropped to 3. Normal is 15.
Plaintiff was intubated and placed on a breathing machine.

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