San Diego DUI Lawyer Blog

A United Airlines co-pilot was found guilty of monitoring his flight while under the influence of alcohol.

Aaron Jason Cope, the co-pilot, is looking at 15 years in prison as well as a hefty $250,000 fine for being intoxicated during the flight from Austin, Texas to Denver in December 2009 in which he was operating the aircraft. Cope’s bench trial occurred on June 6th and 7th where he was convicted by John Tunheim, a District Court Judge.

Robert Obodzinski the Captain of the flight testified that he could smell the alcohol on his co-pilot’s breath. Although Cope was the co-pilot, his duty on that December 8th flight was to monitor the plane and not to operate the controls. However, on the next flight he was scheduled to fly an aircraft that holds up to eighty people. Obodzinski confronted Cope by saying “If you have any problem taking a Breathalyzer, call off sick and get out of here.” Cope replied "Well, I guess I better call off sick then." Cope was instructed to undergo an inspection at the main terminal in Denver’s International Airport. There they found that Cope’s blood alcohol content was a 0.094%. The legal limit for any aircraft crew member is a 0.04.

The drunken airline co-pilot confessed that he had in fact been drinking at a bar with a friend. He also admitted to buying beer at a nearby gas station by his hotel where he, his friend and two flight attendants had stayed the night before.

Co-Pilot Convicted Of Being Drunk On Flight In 2009, San Diego 10 News, June 21, 2011

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A San Diego DUI driver has pled guilty to a hit and run crash that killed a homeless woman in Chula Vista.

Angel Rodrigo Gutierrez’ blood alcohol was more than three times the legal limit when it was measured at .29 percent, when he was arrested, nearly five hours after the hit and run accident occurred. The suspected drunk driver fled the scene after he hit a pedestrian, 54 year- old Robyn O’ Quinn while she was crossing the street on Third Avenue.

The fatal DUI accident happened on December 26, about 8:30 p.m. Chula Vista police found the ditched car almost an hour later in the 300 block of Moss Street. Gutierrez was arrested at his home around 2:40 am on Date Street.

The 23 year-old San Diego drunk drivers hearing is on July 28 where he will be sentenced by Judge Kathleen Lewis to six years and four months in jail. If you are charged with a San Diego DUI it would be in your best interest to talk to a San Diego DUI Lawyer who can explain all of your legal options.

Driving Under the Influence in San Diego County

Driving under the influence of any alcoholic beverage or drug in California is against the law.

If you have a 0.08 percent or more by weight, of alcohol in your blood, you will be charged with a DUI if apprehended. You could be facing fines and jail time if convicted.

Drunk driver pleads guilty to fatal hit and run, KFMB News 8, June 22, 2011

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Continue reading " San Diego Drunk Driver Pleads Guilty to Vehicular Manslaughter " »

The driver of a San Diego fatal DUI crash that killed two people after he crashed his Porsche pleaded not guilty to San Diego DUI charges and several counts of gross vehicular manslaughter.

Brett Nathan Geren, 38, and a Delta Airlines pilot was suspected of driving his Porsche 911 Targa drunk on Manchester Avenue when he allegedly crashed into a pickup truck after crossing the center divider killing his fiancée Christina Donaghy, 42 and his uncle Tom Couberly who was 63. Greren was pulled out of the car by a witness, after the suspected DUI drivers car burst into flames.

According to the suspected drunk drivers San Diego DUI lawyer, Geren was in the hospital for almost a month after being placed in an induced coma. He sustained burns on 20 percent of his body. Geren’s blood alcohol level was measured at 0.18 percent at the time the crash occurred.

“This is how a single decision can turn into a horror in an instant,” said Deputy District Attorney Tracey Prior. The alleged drunk driver could face 18 years in prison if he is convicted of the multiple San Diego DUI and gross vehicular manslaughter charges.

Driving under the influence of any alcoholic beverage or drug in California is against the law.
If you have a 0.08 percent or more by weight, of alcohol in your blood, you will be charged with a DUI if apprehended. You could be facing fines and jail time if convicted.

Local Man Pleads Not Guilty To Deadly DUI Crash, 10News.com, June 22, 2011

California DUI: DUI procedures
California DMV: guide to DUI arrest

Continue reading " Man in Alleged San Diego DUI Pleads Not Guilty " »

One of MTV’s star stuntman died in a drunken car crash on the morning of June 20, 2011 in Pennsylvania.

Ryan Dunn of MTV’s Jackass and Zachary Hartwell were going 140 mph in Dunn’s Porsche on Route 322 when the car crashed and caught fire. A tow truck hauled the demolished car away. It wasn’t reported until later that Dunn and his friend had been drinking before getting behind the wheel. According to the autopsy report, both Dunn and Hartwell suffered from “blunt and thermal trauma” in the accident.

Dunn who was indeed driving, showed in his toxicology report results that his blood alcohol level was 0.196%-when the Pennsylvania state limit is 0.08. His alcohol content was more than twice the legal limit!
Before the crash even occurred, a photo of the two men drinking was tweeted by Dunn at a bar in West Chester Pennsylvania.

The stuntman had many friends who shared their sadness and condolences through twitter. Johnny Knoxville, a fellow Jackass member tweeted "Today I lost my brother Ryan Dunn. My heart goes out to his family and his beloved Angie. RIP Ryan. I love you buddy." Benji Madden of Good Charlotte tweeted "I'm very Sad and Shocked to hear about Ryan Dunn,". "My thoughts & prayers are with his Family." Another friend of Dunn’s, Brody Jenner tweeted his condolences as well; "Just heard about Ryan Dunn… So sad.. #RIPRYANDUNN."

Jackass Star Ryan Dunn Killed in Car Crash, People Magazine Online, June 20, 2011

Ryan Dunn Was Driving Drunk When He Died, People Magazine Online, June 22, 2011

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Continue reading " Ryan Dunn Dies in DUI Car Crash " »

In Sacramento, North County Assemblyman Martin Garrick was arrested for driving under the influence of alcohol.

The drunken driver apologized in his statement saying the incident was a “lapse in judgment” and that he well aware of the consequences that comes from drinking and driving. It was reported that California Highway Patrol officers spotted the sedan Garrick was driving when it sped through a 25mph zone in the downtown area of Sacramento. Garrick even blew through a stop sign. When police tried to pull Garrick over, the assemblyman kept on driving and accelerated until he pulled into the Capitol building’s parking garage.

Officers who spotted Garrick noticed that he showed signs of driving under the influence in which Garrick had to perform a field sobriety test. After he failed the test, officers took the drunken assemblyman to the station where he would later be released. Fifty-eight year old Garrick faces a misdemeanor DUI count.

The following is Garrick’s statement regarding his DUI. "I am deeply sorry for my lapse of judgment yesterday evening. Driving while under the influence of alcohol is dangerous. I apologize to my family for the embarrassment I have caused them, and I hope they will forgive me for my actions. I also apologize to my constituents. They have the right to hold their elected representative to a high standard, and I regret that it was one I failed to meet last night. I will strive to never let them down again. Last night's incident was isolated, but it served as a stark wake-up call. I promise my family and my constituents in the 74th District that I will never drink and drive again."

Local Assemblyman Arrested On Suspicion Of DUI, 10 News, June 16, 2011

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Continue reading " DUI Arrest for Assemblyman Martin Garrick " »

A DUI arrest was made in Miami Beach early in the morning on Thursday for a famous rapper driving while intoxicated as well as driving with a suspended license.

Well known rapper, Flo Rida, was arrested when his blood alcohol level measured above the legal limit at a .185. The thirty-one year old rapper was driving out of control in his Bugatti when police pulled him over in South Beach. The police officer who stopped the drunken celebrity noticed the smell of alcohol on the rapper’s breath as well as the garbled speech and bloodshot eyes; all signs linking that the driver had been drinking.

When the officer asked the rapper to perform a field sobriety test, Flo Rida responded “I can’t do this. I don't think I can walk a straight line. I had a few drinks. Let's do another test. I live on the other side of the bridge. I can make it home." When the drunken singer refused to complete the test, the officer arrested him and brought him back to the Miami Beach Police Department where he would be processed and booked.

It was discovered that the reason why Flo Rida was driving on a suspended license was due in part of not paying a traffic fine when he was supposed to pay the fine by April 13. Flo Rida’s attorneys made a joint statement about the investigation where they both declined to comment.

Flo Rida Arrested for DUI in Florida, People.com, June 9, 2011

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Continue reading " DUI Arrest For Rapper Flo Rida " »

Estella Warren was charged on Thursday for a Driving under the influence of alcohol, a hit and run and assaulting as well as resisting a police officer.

On May 23rd, the Planet of the Apes actress and model crashed her Toyota Prius into three cars in Los Angeles and kept on driving until police had spotted her to pull her over. When pulled over, it was reported that Warren was “resisting arrest” by kicking one of the officers. The drunken model finally was put into cuffs after she had refused a chemical breath test and clearly failed a field sobriety test.

While the actress was being booked at the station, she managed to slip her wrists from the handcuffs and tried to flee; however, she was caught and booked on a additional charge of felony escape. This makes a total of four misdemeanors in one night. The Sports Illustrated swimsuit model has her arraignment scheduled for June 17. Since been charged with four misdemeanors, Warren is looking at six months maximum behind bars.

This is not the first encounter the actress has had with the law. In 2007, she was convicted for driving under the influence. During her arrest last May, an L.A. County Sheriff representative explained that Warren was “uncooperative and demanding.”

Estella Warren Arrested for DUI, Hit and Run, Assault and Escape , E Online, May 24, 2011

Estella Warren CHARGED -- DUI, Hit-and-Run, Battery, TMZ Online, June 9, 2011

Estella Warren Charged with DUI, Battery on Officer,, People Magazine Online, June 9, 2011

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Continue reading " DUI Charge for Estella Warren Along with Three Other Misdemeanors " »

San Diego City attorney’s office drops fifteen San Diego DUI cases involving ex officer Anthony Arevalos.

The 15 DUI cases were dropped by the city attorney’s office between March 25 and April 21 of 2011. According to the city attorney, 14 of the DUI cases that were dismissed had blood alcohol levels of .08 or higher. Only one had a .05 BAC and was under 21. Former San Diego Police Officer Anthony Arevalos, 40, who was arrested on March 11 after a woman protested that she had been sexually assaulted by him pleaded not guilty to 18 felony counts.

One San Diego DUI attorney said his client is “elated” that her case has been dropped. “They looked at everything and decided, hey, this isn’t a murder case, this isn’t a rape case, this is a DUI. It’s serious, but it’s not the most serious crime out there and we’re just going to dismiss these cases, cut our losses and move on without them, said Kerry Armstrong.

The former 18 year veteran’s charges include, receiving bribes during suspected DUI traffic stops, assault under the color of authority and sexual battery. Arevalos has pled not guilty to 18 felony counts that stem back to September of 2009.

Driving Under the Influence in San Diego County

Driving under the influence of any alcoholic beverage or drug in California is against the law.

If you have a 0.08 percent or more by weight, of alcohol in your blood, you will be charged with a DUI if apprehended. You could be facing fines and jail time if convicted.

15 accused DUI drivers off the hook after SDPD cop's arrest, KFMB 8, June 8 2011

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Continue reading " Fifteen San Diego DUI Cases Dismissed by City Attorney’s Office " »

In Missoula Montana, University of Montana quarterback Nate Montana, 21, was arrested for driving while intoxicated.

According to the county sheriff’s spokesman, Jason Johnson, Montana, the son of the NFL Hall of Famer Joe Montana was pulled over by police due to speeding around 4 a.m. on Friday. When pulled over, Montana refused to participate in an alcohol breath test however was arrested anyway for drunken driving. Montana was taken to Missoula County Jail where he was booked and then later released on a $685 bond. This is Montana’s first DUI offense; a misdemeanor traffic infraction. If convicted, the athlete will have to complete twenty four hours in jail as well as pay a $1000 fine according to Montana state laws.

It is even possible that the college football player will have to complete an alcohol treatment course required by the judge. The state of Montana has strict laws when it comes to drinking and driving because it has the largest fatality-rate due to driving under the influence. Those who are pulled over due to suspicion of driving while intoxicated and refuse to submit to a breathalyzer test or a blood alcohol test could result in a suspension of their license.

At Nate Montana’s initial court appearance, the athlete entered a not guilty plea for drunken driving. This is Montana’s second arrest due to alcohol since July 2010. Montana’s first encounter with the law occurred when he as well as ten other Notre Dame athletes were arrested for underage drinking in South Bend Indiana.

NFL Great Joe Montana's Son Charged with Drunken Driving, Yahoo News, June 3, 2011

Joe Montana’s Son in Alcohol-Related Arrest, New York Times, June 3, 2011

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Continue reading " DUI Arrest for NFL Star Joe Montana's Son " »

In Orange County California, a young teenage girl was killed from a drunk driver when she was on her way home from a birthday party.

The drunk driver whose real name is Austin Jeffrey Farley was charged with a felony for the murder and driving while he had been drinking. According to the police, the breath test showed that Farley blew a 0.20, which is more than twice the legal limit. Farley whose arraignment was on Wednesday is being held on one million dollar bail. It appeared that the night of the crash the Orange County drunk driver and his girlfriend had taken two cab rides that night before they proceeded to take his own truck to get some food while they were still both intoxicated; right before the crash occurred according to the district attorney.

In 2009, there was a misdemeanor charge of driving while intoxicated that Farley pled guilty to. He was even forewarned by the court that he would be prosecuted for murder if there was ever a death due to his drinking and driving. Court records also showed that he had alcohol related problems even as a minor when he went through two diversion programs for the alcohol related crimes he committed.

Although Farley was warned about his drinking and driving and the consequences that could come from that, and still choosing to drive under the influence anyway, he will be charged with murder instead of vehicular manslaughter due to his prior DUI guilty plea back in 2009.

Murder Count Brought Against DUI Offender in Wreck, Sign On San Diego, June 1, 2011

Continue reading " Orange County Drunk Driver Prosecuted for Murder " »