Orange County Criminal Lawyer Blog

Fullerton, Orange County - It's a rainy Friday, but that isn't going to stop Southern California law enforcement agencies from conducting DUI checkpoints and arresting drivers for allegedly drunk driving.

Here is a list of DUI checkpoints we know of so far in Southern California on this Friday, April 13, 2012.

Orange County DUI Checkpoints

Costa Mesa will have a DUI checkpoint at an undisclosed location from 8 p.m. until 2 a.m.

Los Angeles County DUI Checkpoints

In the Sherman Oaks area at Ventura Blvd and Tyrone, near Beverly Glen, the L.A.P.D. will be conducting a DUI checkpoint from 8 p.m. until 2 a.m.

Santa Clarita will have a DUI checkpoint undisclosed location from 6 p.m. until 2 a.m.

Glendale will have a DUI checkpoint also in an undisclosed location from 8:30 p.m. until 3 a.m.

San Bernardino County DUI Checkpoints

A DUI checkpoint is planned in Fontana at an undisclosed location from 6 p.m. until 2 a.m.

No DUI checkpoints are planned for Riverside County or San Diego County.

Do You Know Where The DUI Checkpoints Are At?

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.

Have You Been Arrested for DUI?

For a complete overview on how to beat a DUI and driving drunk charges, please visit our DUI page.

If you've been arrested for DUI or DUI-Drugs please give our Orange County DUI defense attorney experts a call right away at the Law Offices of Michael L. Guisti.

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

Please, call us now.

Anaheim, Orange County - It has been three weeks since a hit-and-run driver in Anaheim killed a three-year-old and left her mother injured, and now the reward for the arrest and conviction of the felony hit-and-run suspect has been increased to $8,000.

The fatal crash occurred as the child's mother, Lady Audree Rebecca Hernandez, 26, of Anaheim, was pushing her daughter in a stroller in the Gilbert Street crosswalk at Guinida Lane when the suspect hit the mother and daughter, according to authorities.

Hernandez's family says doctors expect her to slowly recover and be able to walk within a year.

The main difference between felony hit-and-run and misdemeanor hit-and-run, explains Santa Ana criminal attorney Michael L. Guisti, is felony hit-and-run is when you leave the scene of an auto accident after injuring somebody, and misdemeanor hit-and-run is when you leave the scene after damaging somebody's car or property.

If you or somebody you know are facing possible felony hit-and-run charges understand the prosecutor must prove three things, one, that you were "involved" with the accident, two, you had "knowledge" about the accident and either knew, or reasonably should have known, about the injury and/or death that resulted from the accident, and three, you "willfully" failed to perform at least one of your required duties, explains Guisti.

A common defense tactic, explains Guisti, for those involved in felony hit-and-run is simply you weren't the driver of the car, even if it was your car. The district attorney and prosecutor must prove beyond a reasonable doubt you, the suspect, were the one behind the wheel at the time of the hit-and-run, according to Guisti.

Another defense tactic, and what could possibly have been the case in Anaheim, is the suspect may have left the scene for fear of his own safety. Guisti explains in many injury accidents, especially in close-kit neighborhoods, sometimes a group forms threatening to harm or injure the person, and at which point the hit-and-run suspect leaves for his own safely.

Other times if an injury accident occurs on a freeway the driver may not have any safe place to pullover and has to find a safe place off the freeway, explains Guisti.

They've been several cases where a misdemeanor hit-and-run later end up being charged as a felony, because the victim later claims injuries, and in a lot of those cases it's highly debatable whether or not that really is the case, says Guisti, which is why it's very important to have a defense attorney.

Many hit-and-run suspects later find out they're being charged with with this crime typically after receiving a letter from police, and if you're being accused of hit-and-run it's very important to contact the Orange County hit-and-run attorney experts at the Law Offices of Michael L. Guisti.

For over a decade our legal experts have won cases for our clients accused of hit-and-run in the Orange County courts of, Santa Ana, Westminster, Newport Beach and Fullerton.

So please, call us now.

Santa Ana, Orange County - A Seal Beach DUI hit-and-run sent three people to the hospital last Saturday.

Police say three people were bicycling along Pacific Coast Highway when a 46-year-old woman from Alaska was allegedly driving drunk, hit the bicyclists and took off.

The suspect was caught a short time later in Huntington Beach and arrested for DUI and felony hit-and-run, according to authorities.

They're a lot of serious charges this woman could be facing, including DUI with injury, felony hit-and-run and DUI, says Santa Ana criminal attorney Michael L. Guisti.

The crime of DUI with injury is when you allegedly drive under the influence of alcohol or drugs, DUI-Drugs, and you allegedly injury somebody while you were driving your car while allegedly DUI, says Guisti.

Now should one of these bicyclists be deemed to have a life-threatening injury it's very possible this woman could face vehicular manslaughter charge, which, Guisti explains, is when a suspect drives under the influence and commits an act that results or is likely to result in the death of another person.

As to the crime of hit-and-run, Guisti explains, the main difference between that crime being a felony and misdemeanor is felony hit-and-run is when you injury somebody and leave the scene, and misdemeanor hit-and-run is when you damage property and leave the scene.

In certain hit-and-run cases perhaps the car was damaged, but the person wasn't injured, but however the apparent victim changes their story and claims injuries, bumping it up to a felony, which is why if you've been involved in an alleged hit and run it's very important to retain an attorney, says Guisti.

With all this in mind the next question is was the suspect really at or over the DUI limit at the time of the incident, says Guisti.

The suspect may have been below the DUI limit of 0.08% at the time of the incident, which means, if this were the case, she shouldn't be charged with the DUI related crimes, says Guisti.

If you're facing criminal charges as a result of a DUI it's very important that you contact our Orange County DUI attorney expert at the Law Offices of Michael L. Guisti.

We have over a decade of winning DUI cases for our clients in Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Please, call us now.

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.