Archive for September, 2009

30
Sep

Sacramento DUI School

   Posted by: duinick    in Sacramento DUI

When you are convicted of a Sacramento DUI a common penalty is DUI schooling. At these schools you will mostly take tests and watch videos of deadly drunk driving crashes, but the classes are necessary to attend. If you do not attend, you won’t like the consequences.

Normally, you can attend these classes at a variety of schools that offer the courses, but it some cases you can do them online. Ask your counselor if this is an option if you are interested.

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Have you just been arrested for your first Sacramento DUI? If you have  here are the penalties you can face, but remember an arrest doesn’t necessarily mean a conviction:

  • Jail – From 96 Hours to 6 Months
  • Fine – From $390 to $1000
  • License Suspension – 6 Months
  • Must Complete a Driving Under the Influence Program
  • May Be Ordered to Install Ignition Interlock Device (IID)
  • Must Provide Proof of Financial Responsibility for Reinstatement

With the help of an experienced Sacramento DUI attorney these penalties may not have to be your fate. Your lawyer can show, in most cases, there is not proof beyond a responsible doubt you are guilty of drunk driving.  This is one of many reasons why you should hire a Sacramento DUI lawyer.

Keep in mind you must schedule a Sacramento DUI Administrative License Hearing withing 10 days of your arrest to avoid automatic license suspension.

A Sacramento DUI offender has been sentenced to 240 days in jail after taking a life driving drunk after pleading guilty. He will receive a suspended sentence of 7 years.

The 20 year old Sacramento DUI offender caused the death of his close friend and injuries to other occupants in the vehicle. He was going 40 mph over the speed limit of 45.

The charges included DUI manslaughter, DUI causing injury, and DUI with a blood alcohol level over .08 percent and causing injury. All charges are considered felonies. He was 19 at the time of the accident on 12/8/08

He was charged with another DUI in Sacramento after this incident, and the case was still pending when the crash occurred. This clearly indicated he did not learn his lesson.

The DUI offender was given credit for being in jail since the accident. He will remain in jail for 240 more days to complete his sentence. He will then be on probation for the remainder of his 7 year sentence. If he violates his probation he will go to jail for the remainder of the suspended sentence. I personally think he should do 3 times the sentence all in jail.

After a Sacramento DUI conviction having it removed from your record can be an option. This is called expunging the charge. To have your DUI charge expunged there are some general guidelines you must meet you should know:

  • You were not sentenced to prison
  • You are no longer on probation
  • You fulfilled all of your DUI sentence (fines,DUI classes, etc.)
  • You have no pending criminal cases

You should learn if you are eligible before spending too much time or effort thinking about getting a DUI removed from your record. If you believe you are eligible and want to proceed, you should contact a DUI lawyer to assist with the process. While the process may not be cheap, it is up to you to decide if it is worth it, however simply contacting an expungement lawyer with your specific circumstances will cost you nothing except a little time. To make things easier for everyone before you meet with the lawyer somme common things to bring are:

  • Your criminal history,
  • Any probation documentation
  • Your driving record
  • Employment history

Keep in mind having your DUI expunged does not always prevent the conviction from playing a role in future DUI sentencing.

If you are seeking the services of a lawyer to have your DUI expunged I highly reccomend the services of Sacramento Expungement Lawyer John Duree. He can help you get any criminal offense in Sacramento off your record.

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When you are arrested for DUI in Sacramento you have to deal with an administrative license hearing before you go to criminal court to save your license.  What happens in criminal court can affect the status of your driver license, but it may have already been suspended by the DMV at this hearing.

You must set the hearing with the DMV within 10 days of your DUI arrest.  The number to contact the DMV is (916) 657-0214.  You or your Sacramento DUI attorney must set the date within 10 days or your license will be automatically suspended. The administrative license suspension can be appealed, but missing this date will only cause you more troubles. The hearing does not deal with whether you are guilty of a criminal act, but instead addresses the circumstances surrounding your arrest such as:

  • Was your arrest based on reasonable grounds?
  • Did the officer request that you take a test?
  • Were you made aware of the consequences if you refused or failed the test?
  • Did you refuse or fail the test?
  • Should your license be suspended or revoked?

You would be well advised to attend this hearing with a lawyer as opposed to on your own. DUI lawyers attend these frequently and will know exactly what to do and make sure you retain your driving privileges, for now at least.

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Well first of all, obviously, you have been accused of a Sacramento drunk driving violation. If this is the case a Sacramento DUI attorney’s expertise can benefit you in the regard of avoiding  a  DUI conviction and/or saving you thousands of dollars in fees and hour of aggravation. A California DUI lawyer specializing in DUIs, and has been for many years, knows the ins and outs of California’s DUI laws which enables them to build a case for you that will either free you of a conviction or at the very least work out a deal with the prosecutor to minimize your sentence. They can find the technicalities involving your drunk driving case that could have the charges dropped. Also, many times, Sacramento DUI lawyers know the judges and prosecutors in court by dealing with them every week and this alone can benefit you. Corrupt, I know, but it’s the way it is. When there is no avoiding a conviction and/or penalties because of the manner you were arrested (e.g you admitted to being drunk, failed sobriety test, and were violating traffic laws prior to being stopped) a Sacramento DUI attorney’s services can still benefit you very much.

If you were convicted or pleaded guilty your lawyer will be able to help you get your DUI charge expunged. To have a DUI expunged from a suspect’s permanent record requires a variety of things to happen, including the state of the charge and where the charge was originally filed. If you have had your license suspended by California, your lawyer will be able to appeal the license suspension and have the license reactivated before heading to court. In this case you can continue driving until the case reaches trial, in which the judge could decide to suspend your drivers license for a specific period of time. If this was your first DUI offense your lawyer can in all likelihood have the charge reduced to reckless driving, which carries much lighter penalties.

In summary, if you are worried about the fees of a Sacramento DUI lawyer they will probably save you that amount of money by having your fees reduced, saving you time or helping you avoid any penalties at all. Any good Sacramento DUI lawyer offers a free initial confidential consultation and tells you the cost of their services up front.

If you have been accused of Sacramento drunk driving, talk to a Sacramento DUI attorney today!

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California State Legislature approved Assembly Bill 91 (Feuer). AB 91 creates a pilot project in the counties of Alameda, Los Angeles, Sacramento, and Tulare requiring the installation of ignition interlock devices (IID) on any vehicle owned or operated by an individual convicted of a DUI offense.

“This legislation has the potential to save hundreds of lives in California. We have the technology that can help prevent drivers from getting behind the wheel after drinking, and we should be using it for first time offenders,” said Feuer. “I´m optimistic that the Governor will agree.”

Currently, California courts have the discretion, but are not mandated, to require the installation of an IID for first-time and repeat DUI offenders. Under AB 91´s pilot program, an ignition interlock device installed on the offender´s vehicle replaces the restricted license. With an IID installed, an offender is allowed to drive anywhere, but cannot start his or her vehicle if the IID registers any alcohol on the driver´s breath.

California taxpayers will not bear the costs associated with the IID; rather, the offenders will be required to pay. The pilot project would begin on July 1, 2010 and would extend to January 1, 2016. By July 1, 2015, the Department of Motor Vehicles would have to report to the Legislature on the pilot project´s effectiveness in reducing the number of first time and repeat DUI offenses.

If you are accused of a Sacramento DUI don’t let the financial scare paying for a  lawyer specializing in Sacramento DUIs keep you from doing just that. If you are convicted, it can follow you the rest of your life.

A women has ran into a Sacramento restaurant and was arrested for DUI.

Just after 7 p.m., the driver of a Volkswagen Jetta crashed through the side of the Dos Coyotes restaurant on Folsom Boulevard near 65th Street.

According to Sacramento Fire Department Capt. Jim Doucette, no one was injured when the car drove through a window and into a dining room. The female driver was taken to a hospital as a precaution.

She was later booked on suspicion of Sacramento driving under the influence of prescription drugs.

Have you been arrested for drunk driving in Sacramento?

The criminal case filed against Sacramento DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b).

The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are “unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.” This is the legal standard for being considered under the influence of alcohol or “DUI” in California courts.

The second count, known as the “per se” charge, concentrates on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. Based purely on body chemistry.

Even motorists licensed in other states who are arrested for DUI / DWI in Sacramento must request a California DMV hearing to protect their driving privileges.

You should contact a Sacramento DUI lawyer for a free consultation when arrested for DUI in Sacramento.

4
Sep

Sacramento DUI on a Golf Cart

   Posted by: duinick    in Sacramento DUI

Police arrested a golf-cart driver on suspicion of driving under the influence.

The DUI suspect, 61, was taken into custody at about 6:15 p.m. Thursday in the 2500 block of Rio Linda Boulevard, a police report said.An officer spotted the golf cart traveling along Rio Linda Boulevard near Plaza Avenue and became suspicious. There are no golf courses in the area.The officer pulled the car over and noticed that he appeared to be intoxicated, the report said.

Sacramento DUI convictions can be avoided with the help of a qualified Sacramento DUI attorney. Hire one today!

3
Sep

Bus Accident Kills Sacramento Women

   Posted by: duinick    in Sacramento Bus Accidents

A 49-year-old woman is dead after getting hit by a Greyhound bus in downtown Sacramento.

Police say the woman was hit by the bus as it pulled out of the city’s downtown station Wednesday afternoon. She died in a hospital around 1:15 p.m. Wednesday.

Investigators say the woman was crossing a street in the middle of a city block. Witnesses told police that the bus driver’s view was blocked by another car. When the car moved, the bus hit the woman.

Police have not arrested the bus driver, saying the incident appears to be an accident.

The name of the woman has not been released.

Sacramento bus accidents, when fatal like this, can be tragic, but a family who has lost a loved one or one who has been injured in  a bus accident in Sacramento should be financially compensated. Under California’s personal injury statute of limitations you do have a limited time to file a personal injury claim. Contact a Sacramento bus accident lawyer for a free consultation.

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