Orange County Criminal Lawyer Blog

Laguna Niguel, Orange County - An Orange County man was arrested last week for several charges, including DUI, misdemeanor hit-and-run, drunk in public and vandalism.

The incident happened at the intersection of Crown Valley Parkway and Golden Lantern where after hitting another vehicle the suspect allegedly got out of the vehicle and began "acting out," according to authorities.

All charges the suspect faces have been filed as misdemeanors.

There is a perception that a misdemeanor isn't that big a thing, but, says Santa Ana criminal attorney Michael L. Guisti, misdemeanor charges like hit-and-run, DUI and vandalism go on your record and when potential employers run a background check these charges show up.

To the matter of hit-and-run, Guisti explains that misdemeanor hit-and-run is when you hit another vehicle or property causing damage and leave the scene without giving your information. Felony hit-and-run, Guisti goes on to say, is when you injury somebody and leave the scene.

In hit-and-run cases it's not unusual for it to later be charged as a felony when the apparent victim claims to be injured, says Guisti.

Now misdemeanor DUI is typically a first DUI offense, and even still despite it being a misdemeanor charge that can result in loss of your driver's license and very high court fees, says Guisti.

They're some defenses as to whether the suspect was really DUI at the time of his driving, because, Guisti explains, the alcohol is still going through the system and the suspect may not have really been DUI at the time of this incident.

The charge of drunk in public basically means when you're drunk to the point of being unable to care for your own safety or the safety of others and your drunkenness interferes with the free use of public ways, explains Guisti.

The charge of drunk in public can be defended on grounds that maybe you were in the care of friends and not a safety threat, says Guisti

Vandalism isn't just graffiti as this charge could be brought up even if you, for example, hit a wall or fence of a property that isn't yours and cause damage no matter how slight, explains Guisti.

What ever problems you're facing it's always very important to have a professional attorney by your side, and by calling the Orange County criminal defense attorneys at the Law Offices of Michael L. Guisti we'll see to it you get the best possible outcome.

For over a decade the Law Offices of Michael L. Guisti have won hundreds of criminal cases for our clients in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

So please, call us now.

Anaheim, Orange County - A man was arrested at Disneyland this past weekend for alleged assault and battery on a Disneyland security guard in front of Disney California Adventure's Tower of Terror attraction.

(Amateur video showing the incident. Language may not be safe for work.)

Anaheim Police say the suspect, Glenn Horlacher, 53, was apparently drunk and for an unknown reason began assaulting a nearby Disneyland security guard, which was caught on camera and has gone viral on YouTube.

Horlacher was pepper-sprayed repeatedly by guards until Anaheim Police could arrive on the scene and arrest the suspect.

It's very important to understand that literally laying a finger on somebody if done in a harmful matter can invite battery charges, explains Santa Ana criminal attorney Michael L. Guisti.

A lot of people think assault and battery are the same crime, says Guisti, but the main difference between assault and battery is, assault is when you have the ability to harm somebody, and battery is when you physically touch somebody.

Again, Guisti stresses, it doesn't how forceful the touch is, only that you touched somebody in a harmful matter.

In this Disneyland incident reports says the suspect was drunk, and if that is the case it's certainly possible the suspect could also face drunk in public charges, says Guisti.

The crime of drunk in public, explains Guisti, is when you're in a public place under the influence of intoxicating liquor, unable to exercise care for your own safety or the safety of others and you interferes with or obstructs or prevent the use of any street, sidewalk, or other public way.

Even though this happened on private property inside Disneyland the courts have extended "public places" to include amusement parks like Disneyland and Knott's Berry Farm, Guisti explains.

Sometimes in assault cases, especially in domestic violence situations, it's not unusually for the suspect to be charged with criminal threats says Guisti.

Assault and battery cases are very dynamic and can invite several other charges, which is why it's very important to contact the Orange County assault and battery attorney experts at the Law Offices of Michael L. Guisti.

For over a decade the legal experts at the Law Offices of Michael L. Guisti have successful won assault and battery cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.

Irvine, Orange County - The "Occupy" protests in Orange County, Los Angeles and around the nation have heated up in recent days with police evicting overnight "Occupy" campers at parks and other city property, which has resulted in melees between protesters and police.

At one point at least 1,000 protesters marched on Irvine City Hall with many setting up camp in front of the building, which prompted Irvine officials to say no overnight sleeping will be allowed and those that disobey the order will be arrested.

Los Angeles officials have expressed plans to evict the "Occupy" protesters who've been camping out in front of L.A. City Hall.

These evictions prompted a massive "Occupy" protest in the streets of downtown L.A. on Thursday that resulted in dozens of people being arrested.

Irvine criminal attorney Michael L. Guisti explains most people arrested for protesting will generally face infraction charges, or at most misdemeanor charges.

In most cases police will arrest a protester who fails to leave a protest scene after police declare an unlawful assembly, at which point the protester is usually taken to the command post or police station, cited and released on their own recognizance, says Guisti.

There have been various media reports claiming the LAPD will not release "Occupy" protesters on their own recognizance, but will be taken to jail and have to make bail, says Guisti.

Depending where these arrests occur it's certainly possible the city attorney or district attorney may not press charges since there could be dozens of such cases and basically it's not worth the court's time, according to Guisti.

It's very important to note "Occupy" protesters arrested could be charged for, in addition to unlawful assembly, vandalism, disorderly conduct, drunk in public, criminal threat, inciting a riot, disturbing the peace, resisting arrest, assault, battery and possibly assault to a police officer, according to Guisti.

In situations like a massive protest and melee it's not that unusual for police add on such charges described above, says Guisti.

Now should charges be filed it's important to retain an attorney, because even though failure to disassemble may seem insignificant you have to understand this is something that will go on your criminal record, says Guisti.

Furthermore, Guisti goes on to say, some of the more serious charges described above can be charged as a felony and could lead to possible prison time and major fine, which is all the more reason you need to retain a lawyer.

If you or somebody you know, like your son or daughter, have been arrested in an "Occupy" protest, or any protest, it's very important to contact our Orange County criminal attorneys at the Law Offices of Michael L. Guisti so we can ensure your rights weren't violated and you have a fair hearing in court.

If you've been arrested at any of the Occupy protests or any other protests call our Orange County protest rights lawyer specialists at 888-478-8999.

Fullerton, Orange County - DUI checkpoints in Orange County and throughout Southern California have been far, few and in-between in the past couple of weeks

Based on information gathered from law enforcement agencies there appears to be no DUI checkpoints planned for this weekend.

Orange County DUI attorney Michael L. Guisti explains that it's likely Orange County and Southern California law enforcement are probably preparing for massive DUI checkpoints towards Halloween weekend.

[If you know of any other DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties please let us know on our Facebook page.]

If you happen to see a DUI checkpoint ahead do you have the legal right to turnaround?

Guisti explains if you see a DUI checkpoint ahead you do have the legal right to turn around and not go through it, however, when you turnaround just make sure you're not breaking any traffic laws.

Many times over, Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're driving drunk, or if you have some issue with your car like a taillight out expect to be pulled over.

Sometimes, according to Guisti, if you're able to turn around without breaking any traffic laws some police departments will keep squad cars posted along the opposite side of the street and nearby side streets to give the intimidating impression you're going to be pulled over if you turn around and refuse to go through their DUI checkpoint. Other times police will simply block off entries to side streets and even block legal U-turns with orange cones to ensure you go through their DUI checkpoint, according to Guisti.

Also if you enter a DUI checkpoint and you're caught driving without a license or driving on a suspended license police can cite you and impound your car.

If you or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can examine your charge, investigate the arresting police officer's action and ensure justice for you.

Costa Mesa, Orange County - We know of at least two DUI checkpoints happening this weekend in Orange County.

On Friday evening there will be a San Juan Capistrano DUI checkpoint at an undisclosed location between 6:30 p.m. and 2:30 a.m.

On Saturday evening there will be a Costa Mesa DUI checkpoint at an undisclosed location between 6 p.m. and 2 a.m.

[If you know of any other DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties please let us know on our Facebook page.]

A question commonly asked to our Orange County DUI attorney specialists is, if you see a DUI checkpoint ahead do you have the legal right to turnaround?

Orange County DUI lawyer Michael L. Guisti explains if you see a DUI checkpoint ahead you do have the legal right to turn around and not go through it, however, when you turnaround just make sure you're not breaking any traffic laws.

Many times over, Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're DUI, or if you have some issue with your car like a taillight out expect to be pulled over.

Sometimes, according to Guisti, if you're able to turn around without breaking any traffic laws some police departments will keep squad cars posted along the opposite side of the street and nearby side streets to give the intimidating impression you're going to be pulled over if you turn around and refuse to go through their DUI checkpoint. Other times police will simply block off entries to side streets and even block legal U-turns with orange cones to ensure you go through their DUI checkpoint, according to Guisti.

Orange County DUI attorney Guisti also points out that if you enter a DUI checkpoint and you're caught driving without a license or driving on a suspended license police can cite you and impound your car.

If you or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can examine your charge, investigate the arresting police officer's action and ensure justice for you.

Santa Ana, Orange County - There are at least seven Orange County DUI checkpoints planned for the weekend as police search for drunk drivers, those DUID, even those driving without a license or driving on a suspended license, and if circumstances prevail DUI checkpoints have been known to cite those drunk in public.

In Orange a DUI checkpoint is planned Friday evening between 8 p.m. and 2 a.m. in the area of 1800 West Chapman Avenue.

Also planned for Friday evening are DUI checkpoints in, Santa Ana, San Juan Capistrano, Dana Point, San Clemente and Cypress, all of which are in undisclosed locations.

On Saturday a DUI checkpoint is planned in Tustin.

Santa Ana DUI lawyer Michael L. Guisti explains if you see a DUI checkpoint ahead you have the legal right to turn around and not go through it, however, when you turn around just make sure you're not breaking any traffic laws.

Many times over, Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're DUI, or if you have some issue with your car like a taillight out expect to be pulled over.

Sometimes, according to Guisti, if you're able to turn around without breaking any traffic laws some police departments will keep squad cars posted along the opposite side of the street and nearby side streets to give the impression you're going to be pulled over if you turn around and refuse to go through their DUI checkpoint. Other times police will simply block off entries to side streets and even block legal U-turns to ensure you go through their DUI checkpoint, according to Guisti.

Santa Ana DUI attorney Guisti points out that if you enter a DUI checkpoint and you're caught driving without a license or driving on a suspended license police can cite you and impound your car.

If you or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can examine your charge, investigate the arresting police officer's action and ensure justice for you.

Fullerton, Orange County - At least 69 people were arrested for DUI in Orange County along with 1,562 DUI arrests statewide during the Fourth of July holiday weekend, according to the California Highway Patrol.

Fullerton DUI attorney Michael L. Guisti explains if you or somebody you know were among those arrested for DUI it doesn't mean you're automatically guilty of DUI as they're several things that could have happened that may prove your DUI tests wrong, which is why you need to contact and set up an appointment with an experienced Orange County DUI defense lawyer right away.

As attorney Guisti explains, first off the field sobriety tests used by police are only 65-77% accurate according to the Department of Transportation, and that's not really a passing grade for such an important test. Attorney Guisti says they're so many things that can affect the outcome of a field sobriety test, such as being sick or nervous, and performing the test on uneven ground that can cause a person to do poorly or "fail" the field sobriety test, which is yet another reason to contact a DUI lawyer.

Newport Beach DUI attorney Guisti says what caused most people to be arrested for DUI was blowing an 0.08% or more during the DUI breathalyzer test, but, attorney Guisti stresses, many of these DUI breathalyzers are flawed, and if your test was flawed there is no case against you. Guisti says DUI breathalyzers aren't designed to take into account a person's weight, height and even diet, which leads to false results and false arrests.

They've been studies shown, according to Guisti, being near the ocean with the salty air can affect DUI testing equipment, which is why if you've been arrested in Huntington Beach or Newport Beach for DUI you need to contact an attorney.

Other nearby equipment, such as radio towers, the officer's own radio equipment and even interference from passing cars can cause a false reading on a DUI breathalyzer test, according to Guisti.

Also, Huntington Beach DUI lawyer Guisti stresses, they've been many cases where the DUI breathalyzer computer malfunctions giving a reading off by 0.02%, which means if you alleged blew 0.08% you really blew 0.06%, in which case you didn't commit any DUI crime. If this is the case, according to attorney Guisti, then it violates Title 17 of the California Code of Regulations that very strictly enforces how DUI tests are to be performed.

If Title 17 is even slightly violated then your case will likely be dismissed, according to attorney Guisti.

Orange County DUI lawyer Guisti explains they're many laws and regulations designed to protect a driver from being falsely accused of DUI.

If you or somebody you know was arrested for DUI over the holiday weekend call the DUI experts at the Law Office of Michael L. Guisti at 888-478-8999 and we'll see to it your rights weren't violated and justice is served for you.

Santa Ana, Orange County - An ex-Orange County Sheriff's Deputy who was accused of being drunk in public at the Central Justice Center in Santa Ana while awaiting his sentence for DUI and drug crime charges will not face any additional charges, according to the Orange County District Attorney.

The DA's office says the ex-deputy, Allan James Waters, 37, of Laguna Niguel was not intoxicated to the point of being drunk in public.

Santa Ana DUI attorney Michael L. Guisti explains that you're "drunk in public" if your drunkenness makes you unable to exercise care for your safety or safety of others, and/or your drunkenness interferes or prevents others from using streets and public ways.

The reality, attorney Guisti goes on to say, is Penal Code 674(f) is designed to "take care" of a person who is extremely intoxicated in public and who could be causing problems like starting fights.

Santa Ana criminal attorney Guisti says since Waters wasn't starting any problems and was able to take care of himself there was no need to charge him with being drunk in public.

Santa Ana attorney Guisti points out that if you're quite drunk and you're starting fights you'll probably also be charged with assault and battery, in addition to the drunk in public charge.

If convicted of being drunk in public you could face time in Orange County jail, according to Guisti.

Attorney Guisti says in popular areas like downtown Santa Ana and Fullerton where several people gather the police patrolling those areas and have been known to arrest people allegedly drunk in public in order to prevent potential problems from occurring.

People in trouble have asked Santa Ana lawyer Guisti before why were they picked out of the dozens of other likely drunk people to be arrested for allegedly being drunk in public. Guisti says they're a variety of reasons why, and that is one reason you should hire an Orange County criminal defense attorney if you were arrested for this charge to ensure your rights weren't violated.

If you're facing any kind of drunk in public or DUI charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Hollywood, Los Angeles - Christina Aguilera was taken to jail, for safety reasons, and booked for a misdemeanor for public drunkenness when her boyfriend Matthew Rutler was arrested on suspicion of drunk driving or DUI.

Rutler was pulled over by the Los Angeles sheriff's deputies after noticing Rutler's vehicle squealing his tires and exhibiting high rate of speed. According to reports, once Rutler was motioned over the officers determined that Rutler was under the influence of alcohol and arrested.

Aguilera, while a passenger in Rutler's vehicle, was noticed by the officers as being very intoxicated. Aguilera was arrested on suspicion of public drunkenness. She was taken into sheriff's station and booked on a misdemeanor. According to authorities, Aguilera will not be criminally prosecuted.

Newport Beach DUI attorney Michael Guisti comments that in Orange County driving under the influence of drugs or alcohol is a serious offense.

A DUI (drinking under the influence) is broken up in to two separate charges. The first dui charge is defined in the California Penal code section 23152(a). It states that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

The second charge is defined in the California Penal code section 23152 (b) it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood, to drive a vehicle.

According to California law, a DUI is a wobbler. This means the charge can either be a felony or a misdemeanor. It is important to retain a strong, powerful and experienced Orange County DUI lawyer to help defend your DUI crime charge(s).

Your charge(s) of a misdemeanor DUI or a felony DUI will depend on the facts of your case. For example, if have you been convicted of a DUI within the last 10 years and/or whether there was any bodily injury. Michael Guisti, a skilled Newport Beach drunk driving defense lawyer will help argue the facts and cite compelling law in defending your case.

How can a Irvine DUI attorney or a Newport Beach criminal defense lawyer help defend your charge?

At the Law Office of Michael Guisti our experienced Santa Ana criminal defense attorney has spent years defending defendant's DUI / DWI charges. We have represented defendants all over Southern California; including Los Angeles County, Orange County, Beverly Hills, Irvine, Newport Beach, Irvine, Costa Mesa, Santa Ana, Huntington Beach, Westminster, Fullerton, and Garden Grove.

If you or a loved one is facing a California DUI charge or any other misdemeanor or felony charges including assault, battery, domestic violence, grand theft, fraud, drug charges or theft crimes call our office immediately. Contact our strong and powerful Orange County criminal defense attorney toll free today for a free consultation at 1-888-478-8999 or visit our website at www.topcalifornialawyer.com. You'll be glad you did.