Recently in DUI / DWI Category

January 27, 2012

Woman Arrested for Huntington Beach Vehicular Manslaughter

Huntington Beach, Orange County - A San Diego woman was arrested Thursday for a Huntington Beach vehicular manslaughter with gross negligence after authorities allege she was text messaging while driving and not paying attention, which she hit a car, killing the driver of that car last year on the 405 freeway.

Jorene Nicolas, 29 was so distracted while driving that she didn't even realize traffic had come to a complete stop on the freeway, according to Huntington Beach Police.

It's very important to remember that authorities are only alleging the suspect was text messaging while driving, but however so far there hasn't been much evidence shown that supports she was text messaging while driving that caused this accident, says Huntington Beach criminal attorney Michael L. Guisti.

This very well could have been just an unfortunate accident, but with the state cracking down on text messaging while driving there is a very good chance prosecutors are going to use her case "to make an example out of her," which is why she needs a good defense attorney, says Guisti.

Since there were no alcohol or drugs involved the suspect will be charged with Penal Code 192(c) Vehicular Manslaughter, which is when a person drives in an unlawful way or drives in a lawful, but dangerous way, which texting while driving falls under, explains Guisti.

Now if the suspect was drinking alcohol or taking drugs and was DUI or DUI-Drugs she would be charged under California's vehicular manslaughter while intoxicated law, says Guisti.

Now PC 192(c) vehicular manslaughter is a "wobblier," which means it can be charged either as a misdemeanor or felony, and prosecutors are charging this woman with a felony, says Guisti.

In deciding whether or not to charge a suspect with a misdemeanor or felony the district attorney will look at your case and criminal history, says Guisti.

If convicted the suspect faces up to six years in prison.

Accidents happen all the time on our freeways and streets, and sometimes what is an unfortunate accident police will claim is a more serious crime that could send you to prison, which is why you need to call the Orange County vehicular manslaughter attorney experts at the Law Offices of Michael L. Guisti.

Our legal experts will bring in accident reconstruction experts to show this was just an accident and nothing more, and using such experts is the reason our clients are freed of these charges in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.

January 20, 2012

DUI Checkpoints for Friday, January 20

Fullerton, Orange County - Before you go out this weekend keeps a heads up for a handful of DUI checkpoints, because being caught drunk driving can have severe consequences that could stay with you for many years.

DUI Checkpoints for Friday, January 20:

Orange County DUI Checkpoints

Buena Park: Buena Park Police will be conducting a DUI checkpoint at La Palma and Stanton, just east of Beach Blvd. near Knott's Berry Farm, from 7 p.m. until 2 a.m.

If you're in the area of Laguna Woods, Laguna Hills, Laguna Niguel or Aliso Viejo be advised the Orange County Sheriff's Department will have roving DUI saturation patrols.

Los Angeles County DUI Checkpoints:

Hollywood: The Los Angeles Police Department will be conducting a DUI checkpoint at Hollywood Blvd and Bronson from 8 p.m. until 2 a.m.

Glendale: Glendale Police will have a DUI checkpoint at an undisclosed time and location.

Carson: The Los Angeles County Sheriff's Department will have a DUI checkpoint at an undisclosed time and location.

Do You Know Where They're Any DUI Checkpoints?

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

If Arrested for DUI

If you've been arrested for DUI understand you do have several different options and, as Fullerton criminal attorney Michael L. Guisti explains, one of which is whether you were really DUI at the time of your arrest.

The biggest problem with DUI testing equipment is it's notoriously faulty and so many possible things could cause a false DUI reading, says Guisti.

If you have cold that could cause a false reading if you've been taking a lot medicine, nearby radio equipment and cell-phone towers can cause false readings, and even what's in the air can cause false readings, explains Guisti.

DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed, explains Guisti.

It's very important to know if you've been arrested for DUI there is a hidden time-bomb, because you only have ten days from the day you're arrested to make an appointment with the DMV for your driver's license hearing, which your attorney can take care of, says Guisti.

They're a lot of things that can cause a false DUI reading, which is why you need to contact the professional Orange County DUI attorney at the Law Offices of Michael L. Guisti.

The Law Offices of Michael L. Guisti have over a decade of experience winning cases for our clients accused of DUI in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

January 13, 2012

Weekend Southern California DUI Checkpoints

Santa Ana, Orange County - As another holiday weekend approaches some people may take the time to have a couple more drinks, but be advised of DUI checkpoints.

Right now we only know of one DUI Checkpoint in Santa Ana.

Santa Ana Police will conduct a DUI Checkpoint Friday, January 13 from 7:30 p.m. until 1:30 a.m. at 1500 E. McFadden Avenue.

Do You Know of Any DUI Checkpoints this Weekend?

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

"What if I see a DUI checkpoint ahead, can I legally turnaround and refuse to go through a DUI checkpoint without being pulled over?"

The answer, explains Santa Ana criminal attorney Michael L. Guisti, is if you see a DUI checkpoint ahead, yes, you do have the legal right to turnaround and not go through it, BUT, when you turnaround just make sure you're not breaking any traffic laws.

So many times, Guisti says, somebody approaching a DUI checkpoint will make a sudden U-turn crossing over the double yellow lines, which gives police the right to pull you over, and if you're not drunk driving you'll likely face a traffic ticket.

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.

As long as you turned around legally and didn't break any traffic laws there should be no reason you should be pulled over, says Guisti, and if you were pulled-over consider contacting a professional attorney right away.

If you've been arrested for DUI you must contact the award-winning Southern California DUI attorney experts right away at the Law Offices of Michael L. Guisti.

Our DUI attorneys have over a decade of winning even the most difficult DUI cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to WIN your DUI case.

January 6, 2012

Southern California DUI Checkpoints for Friday, January 6

Santa Ana, Orange County - After the big New Years' holiday weekend law enforcement is still out there with planned DUI checkpoints for this Friday night.

Orange County DUI Checkpoints:

No DUI checkpoints are planned for Orange County.

Los Angeles County DUI Checkpoints:

The Los Angeles Police Department is planning a DUI checkpoint in Van Nuys at Roscoe Blvd. at Noble, just east of the 405, from 8 p.m. until 2 a.m.

There will be a DUI checkpoint in Bellflower at an undisclosed location from 8 p.m. until 3 a.m.

Downey will have a DUI checkpoint also at an undisclosed location from 7 p.m. until 3 a.m.

San Bernardino County DUI Checkpoints:

Fontana will have a DUI checkpoint at an undisclosed location from 6 p.m. until 2 a.m.

Riverside County DUI Checkpoints:

No DUI checkpoints are planned for Riverside County.

Do You Know of Any DUI Checkpoints?

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

What If You're Arrested for DUI?

Now if you have been arrested for DUI, whether at a DUI checkpoint or during a routine pullover, understand you have several defense options, says Santa Ana criminal attorney Michael L. Guisti, and it's not as cut-and-dry as it may seem.

First off it's very important to understand that if you've been arrested for alleged drunk driving you have only ten days to contact the Irvine DMV office for a drivers license hearing, and when you hire a Southern California DUI lawyer they'll set up the hearing and delay suspension hearings so they can prepare a stellar DMV case for you, says Guisti.

They're two things DUI attorneys look at in DUI cases, what prompted the police to pull you over and how was your DUI test handled, says Guisti.

Guisti stresses that the U.S. Supreme Court ruled that police can't simply stop you based on a "gut-feeling," but rather must have a compelling reason, and if there was no compelling reason then your case should be dismissed,

To the second point, DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed, explains Guisti.

If you had trouble at DUI checkpoints you must call our Orange County DUI attorney experts at the Law Offices 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.

The Law Offices of Michael L. Guisti have over a decade of experience winning cases for our clients accused of DUI in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to win your DUI case for you, and we'll settle for nothing less, so please call us now.

December 30, 2011

New Years' Weekend DUI Checkpoints

Newport Beach, Orange County - New Years Eve weekend is here and that means for local law enforcement plenty of DUI checkpoints.

Here is a list of Southern California DUI checkpoints for Friday, December 30.

DUI Checkpoints in Orange County:

Anaheim at Ball Road and East Street from 7 p.m until 3 a.m.

Westminster Police will have DUI checkpoint in their city at an undisclosed time and location.

Buena Park at Beach Blvd. and 10th street, just south of I-5, from 8 p.m. until 3 a.m.

In Laguna Niguel the Orange County Sheriffs' will have a DUI Checkpoint in an undisclosed location from 6:30 p.m. until 2:30 a.m.

DUI Checkpoints in Los Angeles County:

The Los Angeles Police Department will perform two DUI checkpoints:

In Downtown L.A. at Figueroa and 9th from 8 p.m. until 2 a.m.

In Arleta, in The Valley, at Van Nuys Blvd at Haddon, near Laurel Canyon, from 8 p.m. until 2 a.m.

In Azusa a DUI checkpoint is planned for Friday evening at an undisclosed location and time.

In Redondo Beach their police department will also have a DUI checkpoint at an undisclosed location and time.

The South Bay cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Manhattan Beach, Palos Verdes Estates, Redondo Beach and Torrance will have saturation patrols throughout the night.

DUI Checkpoints in San Bernardino County:

Fontana will have a DUI checkpoint at an undisclosed location from 6:30 p.m. 2 a.m.

Do You Know of Any DUI Checkpoints?

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

What If I See a DUI Checkpoint Up Ahead, Can I Turnaround?

"What if I see a DUI checkpoint ahead, can I legally turnaround and refuse to go through a DUI checkpoint without being pulled over?"

The answer, explains Newport Beach criminal attorney Michael L. Guisti, if you see a DUI checkpoint ahead, yes, you do have the legal right to turnaround and not go through it, BUT, when you turnaround just make sure you're not breaking any traffic laws.

So many times, Guisti says, somebody approaching a DUI checkpoint will make a sudden U-turn crossing over the double yellow lines, which gives police the right to pull you over, and if you're not drunk driving you'll likely face a traffic ticket.

As long as you turned around legally and didn't break any traffic laws there should be no reason you should be pulled over, says Guisti, and if you were pulled-over consider contacting a professional attorney right away.

If you've been arrested for DUI you must contact the award-winning Southern California DUI attorney experts right away at the Law Offices of Michael L. Guisti.

Our DUI attorneys have over a decade of winning even the most difficult DUI cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to WIN your DUI case.

December 23, 2011

Several DUI Checkpoints Planned for Southern California

Fullerton, Orange County - Ba humbug! It seems on the start of this holiday weekend just about everywhere there is a DUI checkpoint in Orange County and throughout Southern California.

Orange County DUI Checkpoints planned for Friday, December 23:

Santa Ana along McFadden between Raitt and Fairview from 7:30 p.m. until 3 a.m.

Buena Park at an undisclosed location and time, and this is apparently a multi-agency DUI checkpoint operation.

Anaheim, Tustin, Irvine and Laguna Beach will have DUI saturation patrols.

Los Angeles County DUI Checkpoints:

The Los Angeles Police Department will be conducting at least three DUI checkpoints.

The first in Studio City at Ventura Blvd at Big Oak, between Colfax and Tujunga, from 8 p.m. until 2 a.m., the second in Hollywood at Santa Monica Blvd at Bronson from 8 p.m. until 2 a.m., and the third in South L.A. at Western and Slauson from 7 p.m. until 1 a.m.

Even Beverly Hills will have their own DUI checkpoint at La Cienega at Gregory Way from 9 p.m. until 3 a.m.

Lynwood will have a DUI checkpoint at an undisclosed location from 7 p.m until 3 a.m.

The South Bay cities of, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Manhattan Beach, Palos Verdes Estates, Redondo and Torrance will have DUI saturation patrols until 2 a.m.

Riverside County DUI Checkpoints:

In the city of Riverside the CHP will conduct a DUI checkpoint at undisclosed time and location.

The Riverside Sheriff's Department will have a DUI checkpoint in Palm Desert at an undisclosed location from 9 p.m until 3 a.m.

Several agencies are expected to be involved in a Hemet DUI checkpoint in an undisclosed location and time.

San Bernardino County DUI Checkpoints:

Chino Hills will have a DUI checkpoint at an undisclosed location from 9 p.m. 3 a.m.

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

What If I See a DUI Checkpoint Up Ahead, Can I Turnaround?

The number one question asked to Fullerton criminal attorney Michael L. Guisti is, "what if I see a DUI checkpoint ahead, can I legally turnaround and refuse to go through a DUI checkpoint without being pulled over?"

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

So many times, Guisti says, somebody approaching a DUI checkpoint will make a sudden U-turn crossing over the double yellow lines, which gives police the right to pull you over, and if you're not drunk driving you'll likely face a traffic ticket.

Even if you didn't violate any traffic laws 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.

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.

As long as you turned around legally and didn't break any traffic laws there should be no reason you should be pulled over, says Guisti, and if you were pulled-over consider contacting a professional attorney right away.

What If You're Arrested for DUI?

Now if you have been arrested for DUI, whether at a DUI checkpoint or during a routine pullover, understand you have several defense options, says Guisti, and it's not as cut-and-dry as it may seem.

First off it's very important to understand that if you've been arrested for alleged drunk driving you have only ten days to contact the Irvine DMV for a drivers license hearing, and when you hire a Southern California DUI lawyer they'll set up the hearing and delay suspension hearings so they can prepare a stellar DMV case for you, says Guisti.

Two things DUI attorneys look at in DUI cases, police cannot simply stop you based on a "gut-feeling," but rather must have a compelling reason and if there was no compelling reason then your case should be dismissed, and the second thing DUI defense lawyers look at is, if the DUI test were accurate and within regulation, says Guisti.

To the second point, Guisti says, DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed.

Another very important point, 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 had trouble at DUI checkpoints you must call our Orange County DUI attorney experts at the Law Offices 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.

The Law Offices of Michael L. Guisti have over a decade of experience winning cases for our clients accused of DUI in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to win your DUI case for you, and we'll settle for nothing less, so please call us now.

December 21, 2011

Newport Beach DUI Checkpoint Planned for Thursday

Newport Beach, Orange County - A DUI checkpoint is set for Newport Beach on Thursday at Dover Drive and 16th Street, according to the Newport Beach Police Department.

While most DUI checkpoints are conducted on Friday evenings and the weekend as we get closer to the big holiday weekend it's not unusual for police departments to have DUI checkpoints during week, says Newport Beach criminal attorney Michael L. Guisti.

With these major holidays coming up police departments are really stepping up DUI enforcement and several more DUI checkpoints will be planned for Christmas weekend and New Years', explains Guisti.

Just this past weekend there were several DUI checkpoints in Orange County.

The question always asked is, "if I see a DUI checkpoint can I refuse to go through it?"

As Guisti explained in this previous post, yes, you can refuse to go through DUI checkpoint, however they're a few things you must be aware of, which is explained here.

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

Being arrested for DUI can put no doubt put a real damper on the holidays for you and your family, which is why if you or a loved one have been arrested for DUI don't let it ruin your holiday season, call the expert Orange County DUI attorneys right away at the Law Offices of Michael L. Guisti at 888-478-8999.

Our expert DUI attorneys have over a decade of successfully winning DUI cases for our clients, and we'll see to it you and your family have a nice holiday season without any legal worries.

So call us now.

December 16, 2011

Several DUI Checkpoints Planned for Orange County this Weekend

Orange County - Heads up, SEVERAL DUI checkpoints and DUI saturation patrols are planned for several cities throughout Orange County this weekend.

DUI checkpoints and saturation patrols planned for Friday December 16.

In Irvine from 8 p.m. until 3 a.m. a DUI checkpoint is planned for Jamboree and Birch Street, and Irvine Police will also have DUI saturation patrols throughout the city.

Lake Forest from 6 p.m. until 2 a.m. the Orange County Sheriff's Department (OCSD) will be conducting a DUI checkpoint at an undisclosed location.

La Habra from 8 p.m. until 3 a.m. the OCSD plans a DUI checkpoint at an undisclosed location.

At U.C. Irvine from 7 p.m. until 3 a.m. U.C. Irvine Police along with the OCSD will have saturation patrols in and around the campus.

Westminster Police are planning for "all night" DUI saturation patrols all over Westminster.

Saturday, December 17 DUI checkpoints and DUI saturation patrols.

The OCSD reports that Anaheim, Brea, Garden Grove and Los Alamitos will have "all night" DUI saturation patrols in their cities.

Anaheim will have a DUI checkpoint from 7 p.m. until 3 a.m. at 1800 W. Ball Road between Brookhurst and Euclid.

Placentia will have a DUI checkpoint at an undisclosed location from 8 p.m. until 3 a.m.

La Habra will have a DUI checkpoint from 8 p.m. until 3 a.m. at an undisclosed location.

Brea will have a DUI checkpoint from 7 p.m. until 3 a.m. at Imperial Highway and Valley View.

Garden Grove Police will have a DUI checkpoint at an undisclosed location from 7 p.m. until 3 a.m.

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

Can I Turnaround If I See a DUI Checkpoint Up Ahead?

The number one question asked to Santa Ana criminal attorney Michael L. Guisti is, "what if I see a DUI checkpoint ahead, can I legally turnaround and refuse to go through a DUI checkpoint without being pulled over?"

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

So many times, Guisti says, somebody approaching a DUI checkpoint will make a sudden U-turn crossing over the double yellow lines, which gives police the right to pull you over, and if you're not drunk driving you'll likely face a traffic ticket.

Even if you didn't violate any traffic laws 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.

As long as you turned around legally and didn't break any traffic laws there should be no reason you should be pulled over, says Guisti, and if you were pulled-over consider contacting a professional attorney right away.

Now if you have been arrested for DUI, whether at a DUI checkpoint or during a routine pullover, understand you have several defense options, says Guisti, and it's not as cut-and-dry as it may seem.

First off it's very important to understand that if you've been arrested for alleged drunk driving you have only ten days to contact the Irvine DMV for a drivers license hearing, and when you hire a Southern California DUI lawyer they'll set up the hearing and delay suspension hearings so they can prepare a stellar DMV case for you, says Guisti.

DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed, according to Guisti.

Another very important point, 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 had trouble at DUI checkpoints you must call our Orange County DUI attorney experts at the Law Offices 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.

The Law Offices of Michael L. Guisti have over a decade of experience winning cases for our clients accused of DUI in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to win your DUI case for you, and we'll settle for nothing less, so please call us now.

December 9, 2011

Orange County and Southern California DUI Checkpoints this Weekend

Santa Ana, Orange County - At least one DUI checkpoint is planned for Orange County this weekend with a few more throughout Southern California this weekend.

Records show for Friday evening in Santa Ana in the area of First Street between Bristol and Fairview the Santa Ana Police Department will conduct a DUI checkpoint.

In Hollywood the Los Angeles Police Department will conduct a DUI checkpoint at Hollywood Blvd. between Gower and Bronson between 8 p.m. and 2 a.m.

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

The number one question asked to Santa Ana criminal attorney Michael L. Guisti is, "what if I see a DUI checkpoint ahead, can I legally turnaround and refuse to go through a DUI checkpoint without being pulled over?"

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

So many times, Guisti says, somebody approaching a DUI checkpoint will make a sudden U-turn crossing over the double yellow lines, which gives police the right to pull you over, and if you're not drunk driving you'll likely face a traffic ticket.

Even if you didn't violate any traffic laws 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.

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.

As long as you turned around legally and didn't break any traffic laws there should be no reason you should be pulled over, says Guisti, and if you were pulled-over consider contacting a professional attorney right away.

Now if you have been arrested for DUI, whether at a DUI checkpoint or during a routine pullover, understand you have several defense options, says Guisti, and it's not as cut-and-dry as it may seem.

First off it's very important to understand that if you've been arrested for alleged drunk driving you have only ten days to contact the Irvine DMV for a drivers license hearing, and when you hire a Southern California DUI lawyer they'll set up the hearing and delay suspension hearings so they can prepare a stellar DMV case for you, says Guisti.

Two things DUI attorneys look at in DUI cases, police cannot simply stop you based on a "gut-feeling," but rather must have a compelling reason and if there was no compelling reason then your case should be dismissed, and the second thing DUI defense lawyers look at is, if the DUI test were accurate and within regulation, says Guisti.

To the second point, Guisti says, DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed.

Another very important point, 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 had trouble at DUI checkpoints you must call our Orange County DUI attorney experts at the Law Offices 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.

The Law Offices of Michael L. Guisti have over a decade of experience winning cases for our clients accused of DUI in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to win your DUI case for you, and we'll settle for nothing less, so please call us now.

November 29, 2011

L.A. Sheriff's Deputy in Westminster Court on DUI Injury Charge

Westminster, Orange County - An off-duty Los Angeles County Sheriff's deputy plead not guilty Tuesday to DUI causing injury and driving with a blood-alcohol level of .08 percent or more causing injury.

The suspect, Richard J. Patterson, 38, of West Covina, was driving his motorcycle with his wife on the back when he rear-ended another vehicle on the 405 in Fountain Valley, and had a reported .15-percent blood alcohol level.

Westminster criminal attorney Michael L. Guisti explains they're several charges the deputy is facing, but perhaps the most important is California Vehicle Code (CVC) 23153(a), DUI with Injury.

In court the prosecutor must prove three facts, the first, you drove while under the influence of alcohol (or drugs), the second, while driving, you broke a law, in addition to driving under the influence, or acted in an otherwise negligent manner while driving, and third, that your unlawful act or negligence injured another person, according to Guisti.

Most importantly, stresses Guisti, the Orange County prosecutor must prove that you drove with a BAC of 0.08% or greater to be convicted of CVC 23153(a).

In a lot of these kinds of cases another car or some other thing outside your control causes you to hit another car and since you may be drinking police automatically assume it's your fault without considering all the facts, says Guisti.

Bottom line, says Guisti, they're many variables that can cause an accident that have nothing at all to do with your BAC .

If the incident wasn't the result of an unlawful act or negligence on your part then charges for DUI causing injury should be dropped or you should be found not guilty, says Guisti.

Now there is also the matter of proving you you were DUI at the time you were driving, because even though you may have been over the legal limit at the time of your arrest the alcohol could have still been absorbing through your system, says Guisti, which means you could have been driving with a BAC within the legal limit.

Also, DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed, according to Guisti.

If you're facing such charges it's very important to contact the Orange County DUI attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of successfully getting our client's DUI charges dismissed, reduced or altogether found not guilty, so please, call us now.

November 21, 2011

Orange County DUI Checkpoint Guide for Thanksgiving

Huntington Beach, Orange County - With Thanksgiving week ahead many people are making preparations for dinners and parities for the holiday weekend, and local police departments are making their own preparations to crackdown on drunk drivers.

Law enforcement agencies in Orange County and throughout Southern California are planning for various DUI checkpoints and DUI saturated patrols during the long holiday weekend in hopes of catching those driving drunk.

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

Now driving back home from the holiday festivities if you happen to see a DUI checkpoint ahead do you have the legal right to turnaround and refuse to go through a DUI checkpoint?

Huntington Beach criminal attorney Michael L. Guisti explains if you see a DUI checkpoint ahead you do have the legal right to turnaround 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.

As long as you turned around legally and didn't break any traffic laws there should be no reason you should be pulled over, says Guisti.

Now if you have been arrested for DUI, whether at a DUI checkpoint or during a routine pullover, understand you have several defense options, says Guisti.

First off it's very important to understand that if you've been arrested for alleged drunk driving you have only ten days to contact the Irvine DMV for a drivers license hearing, and when you hire a Southern California DUI lawyer they'll set up the hearing and delay suspension hearings so they can prepare a stellar DMV case for you, says Guisti.

Two things DUI attorneys look at in DUI cases is if you were lawfully pulled-over, because police cannot simply stop you based on a "gut-feeling," but rather must have a compelling reason, and the second thing DUI defense lawyers look at is if the DUI test were accurate and within regulation, says Guisti.

To the second point, Guisti says, DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed.

Another very important point, 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 drunk driving defense experts 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.

November 14, 2011

Did You Get a DUI Over the Weekend

Huntington Beach, Orange County - This past holiday weekend law enforcement was very aggressive with dozens of DUI checkpoints in Orange County and throughout Southern California.

[If you know of any upcoming DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties this week 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?
Huntington Beach criminal attorney 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.

If you've been arrested at a DUI checkpoint in Orange, Los Angeles, Riverside and San Bernardino Counties understand you have rights and several defense options, says Guisti.

It's also very important to understand that if you've been arrested for drunk driving you have only ten days to contact the Irvine DMV for a drivers license hearing, and when you hire a Southern California DUI lawyer they'll set up the hearing and delay suspension hearings so they can prepare a stellar DMV case for you, says Guisti.

Two things DUI attorneys look at in DUI cases is, if you were lawfully pulled-over, because police cannot simply stop you based on a "gut-feeling," but rather must have a compelling, concrete reason, and the second thing DUI defense lawyers look at is if the DUI test were accurate and within regulation, says Guisti.

To the second point, Guisti says, DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed.

If you or somebody you know are facing a DUI charge call the drunk driving defense experts 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.

October 31, 2011

Halloween DUI Checkpoints

Fullerton, Orange County - This past Halloween weekend law enforcement was very aggressive with dozens of DUI checkpoints in Orange County and throughout Southern California.

It certainly is possibly that on Halloween night there could be a few DUI checkpoints in Orange, Los Angeles, Riverside and San Bernardino Counties.

[If you know of any DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties on Halloween night 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?

Fullerton criminal attorney 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.

Now if you have been arrested for DUI, whether at a DUI checkpoint or a routine pullover, understand you have several defense options, says Guisti.

It's also very important to understand that if you've been arrested for drunk driving you have only ten days to contact the Irvine DMV for a drivers license hearing, and when you hire a Southern California DUI lawyer they'll set up the hearing and delay suspension hearings so they can prepare a stellar DMV case for you, says Guisti.

Two things DUI attorneys look at in DUI cases is if you were lawfully pulled-over, because police cannot simply stop you based on a "gut-feeling," but rather must have a compelling reason, and the second thing DUI defense lawyers look at is if the DUI test were accurate and within regulation, says Guisti.

To the second point, Guisti says, DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed.

If you or somebody you know are facing a DUI charge call the drunk driving defense experts 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.

October 27, 2011

Man Crashes Car into Buena Park Swimming Pool

Buena Park, Orange County - A man was arrested early Thursday for alleged DUI in Buena Park after he apparently lost control of his pickup truck and drove it into a swimming pool.

Police say the suspect dropped his iPhone, leaned over to grab it, bumped his knee with the steering wheel and lost control of the truck, which went through a brick wall and into a swimming pool.

The driver wasn't hurt and police conducted a DUI test.

Santa Ana criminal attorney Michael L. Guisti explains that since nobody else was hurt the suspect won't be charged with any other crime other than DUI.

Now had the pickup truck hit the house and injured somebody the suspect could have faced a more serious charge of DUI with injury, or if somebody was killed he could have faced vehicular manslaughter charges, according to Guisti.

There is always the question of whether or not the driver really was DUI at the time of the accident, says Guisti.

An experienced DUI defense attorney will cross-examine the police officer as to whether he first asked the driver if he had physical impairments that would make it difficult to perform the tests, especially after being in an accident, says Guisti. The defense attorney, Guisti goes on to say, needs to point out to the jury that many of them would have similar difficulties performing these same tests, even under the most optimal circumstances.

Being arrested for DUI doesn't automatically make you guilty of DUI and if you've been involved in an accident it may be difficult to properly perform a DUI test, which could easily result in a false DUI test result, says Guisti.

If you've been arrested for drunk driving you need to call the Orange County DUI attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

October 21, 2011

Orange County and Southern California DUI Checkpoints

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.