Orange County Criminal Lawyer Blog

Santa Ana- Santa Ana Police Department plan to set up a checkpoint on Saturday. The goal of the checkpoint is to catch drivers that are driving under the influence of drugs or alcohol.They also plan to check drivers the make sure they are not driving without a license. If drivers are caught driving under the influence will be arrested. Those driver's that are caught without a license will have their car impounded and be issued citations.

In Orange County offenses like driving under the influence of drugs or alcohol and driving without a license are more two of the more serious traffic offenses. Being charged with a DUI in California can be very serious. A DUI is broken into two definitions. Each part of a DUI is a different charge. The first part 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 part 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.

It is considered a "wobbler" in California which means that facts of each case will determine whether it is charged as a felony or a misdemeanor. It is imperative to retain a Santa Ana DUI defense lawyer that has experienced handling DUI's all over Southern California.

Continue reading "Santa Ana Police Department Plan DUI and Driving Without a License Checkpoint" »

Costa Mesa- Recently the city of Costa Mesa in Orange County has recently been cracking down on drunk driving. The city has been setting up checkpoints to check drivers that have been driving drunk and drivers that are driving without a license. The city impounded 15 cars and issued 35 citations.

Getting a DUI in California can be a very serious offense. A DUI is broken into two definitions. The first part 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 part 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. Each part of the law is a different charge. It is considered a "wobbler" in California which means that facts of each case will determine whether it is charged as a felony or a misdemeanor.

Since a DUI can be charged as a misdemeanor or a felony, it is imperative that a person facing a DUI charge to retain an experienced Orange County Newport Beach DUI defense attorney to help you defend your DUI charge.

Continue reading "Costa Mesa DUI and Driving Without a License Checkpoints" »

Riverside- Armando Ochoa of Riverside is being held on suspicion of drunk driving. Two CHP Officers were helping another car on the freeway. The officers were sitting in the patrol car at the time of the accident. Ochoa lost control of his vehicle and slammed in to the patrol car. The officers sustained minor injuries and was treated at the hospital. Ochoa is being held on suspicion of a felony drunk driving charge and driving without a license.

Riverside DUI defense attorney Michael Guisti explains what a person can expect when facing a DUI charge. He explains that it is defined in the California Vehicle code 23152 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. There are several factors that will change a misdemeanor DUI into a felony like if there is an injury or a DUI conviction. The punishments for a felony DUI are more severe than a misdemeanor DUI. If convicted a person could face jail time, fines, and loss of your driver's license.

Being charge with a DUI or a felony DUI can be overwhelming. Many people do not know if the should retain an attorney or not. It is critical in defending your DUI or felony DUI charge to hire an aggressive Los Angeles DUI defense attorney to represent you.

Continue reading "Riverside Drunk Driver Injures CHP Officers" »

Santa Ana- On Thursday March 18, 2010, a local had her car stolen from a church parking lot. The woman alleges that she went in to church to get her husband who was inside. She left the car running as she went inside of the church. Right before a man had helped the women jump her car because the battery had died. The man that had been helping her, notice two men jump in the running car and drive away. The both of them then chased after the two men and dialed 911. The police found the suspects and tried to pull them over. The suspects refused to stop and lead police in a chase that took them from Santa Ana to Fountain Valley.

The grand theft auto suspects suddenly ran the car into a wall and jumped out to run. Fountain Valley police let go of the police K-9 to catch the suspects. The suspects were finally apprehended by police. The suspects Fernando Balderas and Isai were arrested on the suspicion of grand theft auto, possession of a stolen vehicle, and Balderas was arrested for driving with a suspend license. They are also believed to be members of a gang.

Southern California grand theft auto defense attorney, Michael Guisti, recently read this article and comments on it. He stated that grand theft auto is a very serious offense in California. He goes on to say that is usually means long prison sentences. Grand theft auto is defined in the California Vehicle code 10851(a). It is defined as the taking of another person's vehicle without the consent of the owner to either presently or temporarily deprives them of the vehicle. Grand theft auto is considered a "wobbler" in California. It depends if you were taking it permanently or temporarily. This means that it can be charged as a felony or a misdemeanor. Orange and Los Angeles criminal defense attorney Michael Guisti goes on to say that they could also have a gang enchantment added on if the police discover that they were staling the car for the benefit for the gang.

Continue reading "Santa Ana Gang Members Commit Grand Theft Auto" »

ORANGE, Orange County - A Garden Grove minivan driver, Yonic Patino, was arrested for DUI / driving under the influence which caused injuries of more than 10 people from the Orange County bus in a fetal crash with a sedan.

Patino, is facing charges of felony DUI and driving on a suspended license. He is expected to be taken to the Orange County jail. The Orange County court records shows that Patino had several prior criminal records, including DUI conviction (driving under the influence conviction), hit and run in 2008 and domestic violence charges in 2009. He also has record of driving without a license, and possession of alcohol in 2007. He was on probation for DUI.

DUI is also called driving under the influence, or driving while intoxicated. In Orange County, if it is a first DUI offense or second DUI without any injury or property damage, the drunk driver is usually charged with misdemeanor DUI . However, when the drunk driver had prior DUI felony convictions or DUI injury, he is usually charged with felony DUI. The punishment for a felony DUI is very serious. It could carry long term of prison time and large fine.

If you or someone you know has been charged with DUI in Orange County, California, whether it is in Newport Beach, Fullerton, Huntington Beach, Santa Ana, Westminster or Anaheim, it it is extremely important to have an experienced Orange County DUI attorney to represent you. Our experienced DUI attorney handle both misdemeanor DUI and feloney DUI cases.

Continue reading "Garden Grove Driver Arrested for Felony DUI Injury " »

Garden Grove, Orange County - A Huntington Beach man has been arrested this morning by GARDEN GROVE Police for DUI caused crash. He was driving under the influence during the accident which killed 22-year-old passenger. The driver was driving intoxicated and is facing charges of felony vehicular manslaughter and driving under the influence.

The drunk driving driver, Vicente Garcia, was arrested on suspicion of felony driving under the influence (felony DUI), vehicular manslaughter and driving without a driver's license, according to Garden Grove Police Department. After the accident happened, they were sent to the hospital for treatment. The passenger was announced dead in Orange hospital. The DUI drunk driver was taken to the Orange County Jail.

According to the Orange County Register, 22-year-old Downey resident Kenneth McNair was convicted yesterday of vehicular manslaughter by unlawful act with gross negligence while intoxicated, a felony under California Law. He was also convicted of driving without a valid driver's license, which is also a misdemeanor. McNair tried to flee the scene of the crime, which is a sentence enhancement. He faces up to 15 years in jail, and will be sentenced on January 29, 2009 in Santa Ana.

On November 15, 2008 McNair left a restaurant in Huntington Beach with a blood-alcohol content (BAC) level of at least 0.25%, over three times the legal limit. He was driving about 75-80 mph in a 45 mph zone when he slammed into the back of a Ford Mustang, which was waiting at a red light for the signal to change. The Mustang burst into flames, and the driver, 20 year old Jose Pacheco, died at the scene.

Gross vehicular manslaughter is an extremely serious crime under California Law, and convictions can lead to lengthy jail terms. According to California Penal Code Section 191.5(a), "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

If you have been arrested for a DUI/DWI, drunk driving crime, or charges such as gross vehicular manslaughter while intoxicated, it is absolutely imperative that you contact the best Orange County DUI Defense Attorney possible. Our Southern California DUI Defense lawyers at Law Offices of Michael L. Guisti have over ten years of experience defending clients from DUI and gross vehicular manslaughter cases.

At Law Offices of Michael L. Guisti, our Southern California criminal defense attorneys have successfully represented hundreds of clients accused of felony DUI charges or vehicular Manslaughter cases throughout Southern California, Orange County, Los Angeles, Newport Beach, Santa Ana, Laguna Beach, Irvine, Tustin, Fullerton, Westminster, Huntington Beach, Costa Mesa, Anaheim, Los Angeles, Beverly Hills, and San Diego..

Continue reading "Downey Man Convicted of Vehicular Manslaughter" »

Celebrity TAWNY KITAEN was arrested for DUI (drunk driving) in Newport Beach in Orange County in Sep, 09 and has been recently charged with driving under the influence (DUI). She was stopped by Orange County police officer near Newport Beach Orange County in California. She was allegedly driving while intoxicated or driving under the influence. She has been charged with DUI. If convicted, she could face six months in jail and big fine. She also had a prior drug crime charge with cocaine in Orange County, California in 2006 and was charged with felony drug possession then.

Under California law, DUI or driving under the influence has two separate statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). Penalities and punishment by the court for a California DUI / drunk driving charge is different from the DMV charge. California DUI or drunk driving charges involve two charges: One is with California court, and the other one is with California Department of Motor Vehicles (DMV).

If you have been arrested for drunk driving anywhere in Southern California, whether it is in Orange County, Newport Beach, Fullerton, Huntington Beach, Santa Ana, Laguna Beach, Westminster, Los Angeles, or you are in California from other state, you only have 10 days to request a DMV hearing from the date you were arrested. Your driver license will be automatically suspended if you fail to do so.

If you or someone you know has been accused of DUI, either a misdemeanor DUI or feloney DUI offense, it is important to consult an experienced Orange County DUI attorney and Orange County criminal defense attorney to defend you for your right and freedom.

Continue reading "Celebrity KITAEN Charged with DUI in Newport Beach Orange County" »

Orange County, California - An Orange County man, Richard Caselli, has been arrested for gross vehicular manslaughter while driving under the influence. When he was driving intoxicated and high-speed Friday, his was crashed on the other car and killed an Orange County man. For driving under the influence of alcohol and drugs, if convicted, he could face 10 years in prison,

Under California law, if a person is driving under the influence or with a blood alcohol level above .08%, he will be charged with DUI. If you or someone you know have been charged with DUI or drunk driving in Orange County, it is critical to seek legal help from an Orange County Criminal Defense Attorney or Orange County DUI attorney immediately.

DUI Charge is a criminal charge. It could be charged as a felony or a misdemeanor offense. If you have been charged with misdemeanor DUI (driving under the influence), or first time DUI offense, you could face consequences which can effect your career and life. The punishment includes: jail time, fines, probation, community service, and programs - even for a first time offense.

When DUI offenses result in bodily injury or death of another person, it is usually charged as felony DUI. Felony DUI charge carries severe punishment, usually long term prison time and substantial fines, probation. You need to consult with an experienced Orange County DUI lawyer as soon as possible.

Continue reading "Orange County Man faces Felony DUI Charge in Car Crash" »

LAGUNA BEACH, Orange County - A Huntington Beach man allegedly driving under the influence / DUI is facing felony DUI charges after his car crashed into a barrier and the passenger in the car was taken to the hospital for serious injury.

Matthew Craybas was drunk driving this morning when his vehicle ran into a barrier causing the car to flip over and the passenger to be thrown out the vehicle.

The woman was rushed to the hospital with serious injuries. Craybas was arrested and is facing a felony DUI charge.

California Vehicle Code section 23153 states that it is unlawful for any person to drive a vehicle while under the influence of drugs, alcohol or both and while simultaneously performing acts prohibited by law or ignoring standing laws that result in bodily injury to anyone other than the driver. Being charged with a felony DUI is a very serious criminal charge and it can carry convictions of imprisonment or jail time, fines, and suspension of driver's license.

If you or a loved one are facing charges of driving under the influence, DUI or drunk driving, it is vital to contact an experienced Orange County DUI defense attorney or criminal defense attorney for your DUI charges.

At Law Offices of Michael L. Guisti, our attorneys have many years of experience in representing clients in driving under the influence (DUI), driving with suspended license, driving on a suspended license or other traffic violations in Orange County, Newport Beach, Huntington beach, Fullerton, Irvine, Westminster, Santa Ana, Anaheim or any cities in Orange County,

Continue reading "Huntington Beach Driver Faces Felony DUI Charge" »

Orange County - Orange County Register reports that all 38 Orange County law enforcement agencies are trying to crack down on Orange County DUI or drunk driving. They are planning to put in more DUI enforcement operations, which means adding checkpoints and saturation patrols to run from Friday through Labor Day weekend.

The Orange County DUI enforcement operations are funded by the California Office of Traffic Safety. It is a join effort from nationwide which includes $13 million in advertisements.

It's reported that in 2008, there are more than 11,700 people died in DUI related crashes on highway. Most of the drivers had blood alcohol level of .08 or higher. In California, the provisional number for 2008 DUI related crash involves 1,029 deaths and the number was 9 percent lower than the previous year.

The schedule of DUI enforcement operations is released by the Anaheim Police Department as follows:

Orange County DUI Checkpoint - Friday, Aug. 28, 7 p.m.-3 a.m., Fullerton

• Orange County DUI Checkpoint - Friday, Sept. 4, 7 p.m.-3 a.m., Dana Point

• Orange County DUI Checkpoint and Task force operation - Saturday, Sept. 5, 8 p.m.-2 a.m., La Habra

• Orange County DUI Checkpoint & Saturation patrols - Saturday, Aug. 29, 8 p.m.-3 a.m., Orange County

• Orange County DUI Checkpoint - Saturday, Aug. 29, 7 p.m.-3 a.m., Anaheim

• Orange County DUI Checkpoint - Friday, Aug. 28, 7 p.m.-3 a.m., Irvine

• Orange County DUI Checkpoint & Saturation patrols - Saturday, Sept. 5, 8 p.m. - 3 a.m., Orange County

• Orange County DUI Checkpoint & Saturation patrols - Sunday, Sept. 6, 8 p.m. - 3 a.m., Orange County

• Orange County DUI Checkpoint & Saturation patrols - Friday, Aug. 21, through Monday, Sept. 7

Orange County law enforcement agencies will be conducting a total of 30 saturation patrols involves in the cities of Newport Beach, Santa Ana, Fullerton, Irvine, Brea, Buena Park, Cypress, Fountain Valley, Fullerton, Huntington Beach, La Habra, Los Alamitos, Orange, Anaheim, Placentia, Seal Beach, and Westminster, and at UC Irvine and the Cal State Fullerton

DUI / Driving Under the Influence or drunk driving is a serious offense. If you have been charged with a DUI or driving drunk in Orange County California, you should seek an experienced Orange County DUI Lawyer for help immediately. Having an Orange County DUI attorney or DUI defense Lawyer who has the knowledge in California DUI Law and drunk driving defense can make a big difference in the outcome of your defense.

Each year, California law enforcement enacts stronger DUI laws and more serious drunk driving penalties. The punishment including: jail time, and substantial fines, lossing driver's license, Criminal records. The DUI conviction on the record could impact your life and future.

A qualified Orange County DUI Attorney and drunk driving lawyer can provide you with the defense you need to fight your drunk driving charge in Orange County and keep you out of jail, avoid fines, penalties and criminal record.

Continue reading "Orange County Cracking Down on DUI and Drunk Drivers" »

SANTA ANA, Orange County - A trial has been set by Orange County Superior Court judge for the man who is accused of murdering the Angels pitcher and two others in his DUI related crash in April.

The accused man, Andrew Gallo, 22, if convicted on all charges, could receive a 55-year to life prison sentence.

Gallo was driving under the influence / DUI through traffic light in Fullerton on April 9 and crashed on the other car and killed Angels pitcher Nick Adenhart, 22, Courtney Stewart, 20, a student and Henry Pearson, 25, a law student working toward a career as a sports agent.

Gallo was accused of three counts of second-degree murder. He is also charged with drunk-driving / DUI causing bodily injury, driving with a .08 blood-alcohol level or higher and causing great bodily injury, hit-and-run, and driving with a suspended license.

According to Fullerton Police report that Gallo's blood alcohol level was almost three times the legal limit at the accident.

California Penal Code section 191.5(b) says: " Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence."

Vehicular manslaughter is always a felony offense. This crime is charged when, in addition to driving under the influence, people commit an act that is likely to result in death to another.

Vehicular Manslaughter is unintentional and occurs when an unlawful act as a driver of a motor vehicle is committed. It is the crime of killing someone while driving a vehicle.

It is critical to hire an experienced Orange County DUI Attorney who has the experience and good understanding of the criminal defense law and california dui law in order to build a winning defense.

Continue reading "Orange County DUI Trial Set for the Man Killed Angels Pitcher" »

SANTA ANA, Orange County - An Orange County drunk driver who committed hit and run after a DUI caused car collision Friday night has been arrested.

When the accident happened in Santa Ana, Officers went to the site for investigation.

While officers were investigating and talking to the three victims trapped inside the other vehicle, the drunk driver ran away from the scene on foot. He was then caught and arrested for DUI / driving under the influence.

Santa Ana man, Alejandro Nunez, 28, was arrested for committing a misdemeanor DUI or possible felony DUI, hit-and-run and for driving without a license.

The passengers of the other car are under the medical treatment, but no one is seriously injured. The Hit and Run and DUI / drunk driving man was taken to the Santa Ana Jail.

Continue reading "Orange County Man Hit and Run at DUI Accident" »