Former "Amazing Race" Contestant Arrested for DWIPosted on: October 31, 2012 at 4:47 a.m.Former reality show “The Amazing Race” contestant Vanessa Macias was arrested for drinking and driving last week. According to reports, Macias was driving through San Antonio, Texas around two o’clock in the morning on October 26th. Officials in San Antonio claim that they pulled Macias over initially because she was driving “erratically” and had failed to signal a turn. Officers also claim that upon approaching her vehicle, they smelled the all-too-familiar odor of alcohol. No word has been released as to whether or not Macias was given field sobriety tests, or what kind of chemical testing she underwent. However, Macias admitted to officers that she had had several alcoholic beverages earlier in the evening while at a Jason Aldean concert and later went to a strip club with a friend. Macias’ blood alcohol level at the time of her arrest was not released. She was booked into a local jail on suspicion of driving while intoxicated (DWI), then released after posting $1,000 bond. Macias competed in “The Amazing Race” as part of the Dating Divorcees team who finished fourth in the show’s finale last season. Dealing with drinking and driving charges is not only inconvenient, but difficult and potentially threatening to your independence as well. If you have been arrested for an alcohol-related driving offense, you need the guidance of an experienced DUI defense attorney right away. In the state of California, DUI and DWI charges mean that your driver’s license is most likely going to be suspended. From the time of your arrest, you have just 10 days to schedule a hearing with the California Department of Motor Vehicles (DMV) to ensure that your driving privileges remain intact. Otherwise, your license will be suspended. If chemical testing determines that you have, indeed, been consuming alcohol before getting in your car and driving, your license will automatically be suspended by the DMV for at least 4 months. Your license can be suspended for up to one year by the DMV if this is not your first DUI/DWI offense. Losing your license may be avoided, however, with an aggressive and experienced attorney by your side. Defenses such as faulty testing equipment or even unlawful police stops have won many DUI cases. Field sobriety tests conducted by officers at the scene of an arrest are also subject to scrutiny and their results are often unusable in court. Anyone familiar with DUI cases and physical field sobriety tests can tell you that these tests are highly subjective. A person with a severe cold, extreme fatigue or other physical ailment may have trouble with balance, or may not be clear-headed enough to perform these tests to the satisfaction of the officer conducting them. Being physically unwell is, unlike drinking and driving, not illegal. Tagged as: dui drunk driving defense vc 23152 Linda Hogan Arrested for DUIPosted on: October 16, 2012 at 10:59 p.m.Linda Hogan was arrested on suspicion of driving under the influence of alcohol (DUI) earlier this month while driving in Malibu. Hogan, who is the ex-wife of famed professional wrestler and actor Hulk Hogan and whose real name is Linda Bollea, was reportedly stopped by local police just after 1:30 in the morning on October 4th. Law enforcement agents involved with the arrest first spotted Hogan speeding and decided to pull her over. Chemical testing revealed that Bollea had a blood alcohol content of 0.084%, which is just above the legal limit of 0.08%. Bollea was booked into a nearby jail where she remained in custody until she posted $5,000 bail several hours later and was released. Bollea was also reportedly driving on a suspended license at the time of her arrest. A representative for Bollea claims she had been at an event earlier in the evening where she had had a single glass of champagne and that the effects of the alcohol had been exacerbated by prescription antibiotics she had been taking that day. No word has been released as to when Bollea is expected to appear in court. One important factor in each DUI arrestis whether or not the initial police stop that led to the DUI arrest was lawful. Anyone familiar with DUI law can tell you that law enforcement officials need a good reason to stop you while driving your car. In cases such as Bollea’s, officers may pull you over because you were speeding. In other cases, officers may claim you were driving dangerously, perhaps weaving in and out of traffic. If officers see you break a law, such as ignore a stop sign or traffic light, they may also pull you over. Many DUI arrests start with something as small as a broken tail light, failing to signal a turn, or driving with expired vehicle tags. The basic point here is that if you were pulled over without a good reason, your entire DUI case may be reduced or even dismissed due to an unlawful police stop. This is actually one of the best ways to defend yourself against criminal DUI charges. If you have been arrested for and charged with drinking and driving, be sure to discuss the events leading up to your arrest with an experienced DUI defense attorney. He or she should carefully examine your arrest record and can help you determine whether you were legally and properly stopped by local police in the first place. Tagged as: dui drunk driving defense vc 23152 Car Stop by a Police Officer: Unlawful if License Tag is Valid, which Officer states he did not seePosted on: January 16, 2008 at 11:09 p.m.Car stops are a frequent means of police investigation, which lead to arrests for the possession of narcotics, firearms, and other contraband. If the traffic stop is unlawful, the Constitution states that what the police found in the car is not admissible in court, and thus typically the criminal charges of possession are dismissed. A recent California decision further defines the extent of justification officers need for a lawful car stop, and provides an argument for Southern California Criminal Attorneys to suppress improperly obtained evidece. A recent California Court Of Appeal decision dealt with the issue of a police officer who testified that he stopped a vehicle because it had an expired license tag, and that he didn Tagged as: counterfeit goods pc 350, dui drunk driving defense vc 23152, probation and sentencing laws Will a DUI cause my California license to be suspended? Can I represent myself in Court or in front of the DMV in a license suspension hearing?Posted on: June 16, 2007 at 9:57 p.m.One of the consequences of a DUI arrest is a possible suspended license. Possible does not mean definite, and there are numerous ways to get your driving privilege back sooner than later. Many people ask, "Can I just represent myself on a DUI and with the DMV?" While the Law Blog has a definite bias since it is administered by Los Angeles Criminal Attorneys, the Law Blog retorts "would you perform surgery on yourself?" The U.S. Constitution has been interpreted by the U.S. Supreme Court as giving everyone to right to act "pro-per," in other words to represent yourself without an attorney. The Law Blogger was a District Attorney for 10 years, is a law professor, and has been in criminal defense for years. The Law Blog is convinced that pro-pers cannot do nearly as good a job (even if the litigant is a civil attorney who does not have a criminal defense or prosecution background). As a District Attorney, the Law Blog dealt with many pro-pers and saw numerous errors committed by litigants representing themselves. Getting back to license suspension - on a first time DUI, a license is suspended for 120 days. A win at the DMV hearing would prevent a suspension. However, if you are convicted of a first-time DUI in court, the DMV could still pull your privilege to drive. In court, then, the only way to keep your license is to have the DUI charge dismissed all together. If this is not possible, there is a way to get the suspension reduced. You must file an SR-22 with the DMV (ie proof of insurance) and proof of registration in a first-time alcohol program, known as the AB-541. In turn, the DMV will reduce the suspension to 30 days, and return you the privilege to drive with restrictions for 90 days. All this is quite technical and time consuming, especially when you include the continuous legal updates that are taking place in this area of law. Tagged as: dui drunk driving defense vc 23152, faq What happens if I am arrested for DUI? Do I have to defend myself in court? What about the DMV process?Posted on: May 26, 2007 at 1:58 p.m.Recent changes instituted by the California legislature have dramatically increased the consequences for first or subsequent DUI arrests. A DUI arrest where someone's blood alcohol is .08% or greater begins two separate legal proceedigns - one in court, and one with the DMV. In court, it is a criminal proceeding, where a suspect on a 1st time DUI faces up to 6 months in jail (not mandatory jail - optional), a fine of up to $1000 plus penalties, and other consequences such as community services, working at the morgue, and/or the hospital. The DMV institutes separate administrative proceedings to take away the suspect's license for up to 4 months. You have 10 days from the time of your arrest to request a hearing to fight this suspension, or you lose your license without even a hearing. If you have prior DUI convictions, the consequences in court and the DMV are substantially worse including mandatory jail, a year or more license suspension, and extensive alcohol schooling. A person who has a professional license (lawyers, doctors, police officers, others), or a class A commercial driver's license, have collateral consequences at their place of employment as for many a criminal conviction may cause them to lose their job or face suspension from working. Tagged as: dui drunk driving defense vc 23152, faq Secondary Consequences of a DUIPosted on: March 19, 2007 at 12:01 a.m.A DUI carries with it a list of possible court-imposed consequences. A first time offender can face probation, up to six months jail time, a fine of up to $1000 plus penalties, a lifetime conviction on his/her permanent record, alcohol rehabilitation, an ignition interlock may be required (must blow into a breathalyzer to demonstrate sobriety before the car will start) and/or community service. Those are some but not all of the possible criminal court consequences. On top of that one faces the DMV hearing consequences of license suspension, being required to file an SR-22 form for three years in order to maintain one's driving privileges once they have been reinstated, commercial driver's licenses may be suspended or permanently revoked, and if caught driving on an already suspended license then the car will be impounded and mandatory jail time is at stake in the criminal case if convicted. A DUI can be very costly in terms of the immediate penalties imposed. But what about the secondary consequences of a DUI? That is, what about the consequences which take effect after the court has made its ruling and the DMV hearing has concluded? There are many lasting consequences resulting from a DUI conviction that individuals often do not even think about. These may include but are not limited to: financial consequences, insurance consequences, immigration consequences, employment consequences, unrelated legal consequences, and consequences that are merely an inconvenience. Tagged as: dui drunk driving defense vc 23152 Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses. |
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