San Diego DUI Lawyer Blog

San Diego DUI arrest of a local Imperial Beach man was taken into custody for allegedly driving while intoxicated three times within a five day period said Deputies on Sunday.

Around 6:30 in the morning on Sunday, it was reported to Sheriff Deputies that there was a drunk driver on the road on Seacoast Drive in Imperial Beach. According to Sergeant Ted Greenwald, when Deputies discovered the driver, forty-four year old David Lakarnafeaux, the San Diego drunken driver was walking inside a bar located on Palm Avenue and Seacoast Drive. Greenwald also explained that when Lakarnafeaux was arrested by Deputies, they found out that he had already been charged with drinking and driving two times last week.

First Lakarnafeaux was arrested Tuesday by San Diego police and then again on Thursday by California Highway Patrol. The California Vehicle Code §23540 states that if a person is arrested for a second DUI within ten years of the first DUI, the person shall have to serve ninety days in jail and a fine up to $1000. As for the third DUI, according to the California Vehicle Code §23546, a person who has had a two time DUI offense and gets a third offense within a ten year period of the first two DUI’s, then the person shall serve 120 days to one year in San Diego jail and up to a $1000 fine. In addition, the person’s license will be revoked and could be issued as a habitual traffic offender for a three year period.

The three-time San Diego drunk driver was arrested and booked in San Diego Central Jail. He was also held on $100,000 bail. According to jail records, Lakarnafeaux is expected to show up to his arraignment at the El Cajon courthouse on Wednesday at nine o’ clock in the morning.

Man Arrested for Third DUI in Five Days, U-T San Diego, January 22, 2012

Web-Related Resource:
California DMV: guide to DUI arrest

Continue reading "San Diego DUI Arrest of Man with Three DUI's within 5 Day period" »

San Diego gross vehicular manslaughter and DUI hit and run causing death charges were made against an Escondido man who allegedly killed a female passenger riding in his vehicle.

Twenty-seven year old Joshua Goldbaum is looking at 20+ years behind bars if he is convicted for killing Brianne Burlington, the twenty-one year old who was a passenger in his vehicle. The San Diego DUI crash occurred last October when Goldbaum, Burlington, and another male passenger by the name of Nicholas McGill were all in the defendant’s Hyundai Sonata. McGill was able to leave the incident with minor injuries. Judge Richard Mills of the Vista Courthouse declared there was sufficient evidence for the San Diego drunken driver to stand trial in which the arraignment will be held on the first of February.

Last October 8th, Goldbaum was driving his Sonata when he collided with a Ford Aerostar around 2:22 in the morning at Bear Valley Parkway. According to a search warrant from the California Highway Patrol, a woman who witnessed the scene stopped to help him, however, Goldbaum convinced the woman to drive him to the hospital and then back to his home. The police arrested Goldbaum at his residence due to the woman finding his wallet in her vehicle and realizing that he was the driver in the fatal hit and run and then calling police.

McGill told officers that Goldbaum was in fact drinking and taking drugs hours before the crash occurred. Although lawyers said that the defendant had a blood alcohol content of 0.08 at the time of the crash, a fellow officer felt that in his opinion Goldbaum had too much to drink and was under the influence of marijuana and another drug.

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.

Man Accused In Fatal Hit-And-Run To Stand Trial, San Diego 10 News, January 19, 2012

Web Related Resources
California DMV on driving drunk

Continue reading "San Diego DUI Hit and Run and Vehicular Manslaughter Charge Against EscondidoMan" »

A San Diego woman was sentenced Friday for felony charges of a DUI hit and run that resulted in injury.
Twenty-two year old Jessica Bloom pleaded guilty for driving under the influence of alcohol and crashing into a decorated marine that left him in almost a fatal critical condition. Bloom will spend four years and four months behind bars due to this incident. The victim, Sgt. David W. Smith is suffering from major injuries such as a lacerated kidney, lacerated liver, partial decapitation and bleeding of the brain. His life threatening injuries left him in “comatose for two days, paralyzed completely for two of three days and on life support for ten days.”

The crash took place around 12:30 p.m. last July when Bloom rammed into Smith’s motorcycle from behind while at a stoplight when she was behind the wheel of her Chevrolet Trailblazer. According to the prosecuting attorney, the San Diego drunk driver was reported to have a blood alcohol level of .37 percent, which is more than four times the legal limit. Matthew Williams, the prosecuting attorney said that Smith was launched onto the hood of the Trailblazer then onto the street. This prompted Bloom to get out of her SUV where she was in a state of panic asking if the victim was dead. Then she got back into her vehicle and drove off to her apartment building. Bloom’s hit and run prompted witnesses to follow her and call the police.

Judge Theodore Weathers said it was "beyond belief" and "beyond comprehension" that the defendant drank so much that day. It was also stated Bloom has been arrested before back in November of 2008 where she was arrested for a DUI.

Woman Guilty Of DUI That Injured Marine Sentenced, San Diego 10 News, January 6, 2012

Web Related Resource:

California DMV on California laws regarding driving while under the influence

Continue reading "San Diego Drunk Driver Sentenced for Crash that Almost Killed Marine" »

On Friday, Miguel Cabrera of the Minor League Detroit Tigers pleaded no contest for driving under the influence of alcohol, a misdemeanor he was charged with in Florida in February of last year.

Due to the athlete’s plea, he was offered a deal where jail time could be avoided, even though he initially refused to participate in a field sobriety test at the time of his arrest. Instead of serving time behind bars, Cabrera will be on probation for one year, perform fifty hours of community service and pay a fine. In addition, the first baseman will have to be present at a Driving under the Influence School and participate in a MADD victim Impact Panel. Cabrera’s license will also be suspended for six months.

Due to Cabrera’s profession as an athlete, the judge granted that he would be able to travel while he is on probation. The charges were also dropped by prosecuting attorneys against the twenty-eight year old drunken driver for non-violently resisting an officer and having and having an opened alcoholic beverage in his vehicle.

According to Gayle Braun, the chief assistant attorney of St Lucie County, she said that "since the inception of the case, it has been our position that Mr. Cabrera should be treated the same as any citizen." She also added that "He received no worse or better treatment because of his celebrity status." The arrest declaration explained that this scene began when police saw smoke coming from a vehicle pulled off to the side of the road. One of the officer’s "detected a strong odor of an alcoholic beverage" from the drunken drivers breath. The report stated that Cabrera’s eyes were “bloodshot and watery and his speech was ... heavily slurred."

If you are arrested for DUI or driving under the influence in San Diego County, then trust you case to an experienced San Diego DUI lawyer at the San Diego Law Center who will explain all of your options during a free consultation.

Miguel Cabrera Pleads No Contest To Drunk Driving, San Diego 10 News, January 6, 2012

Web Related Resource
California DMV guidelines about DUI

In Michigan, former Miss USA winner, Rima Fakih, was arrested for driving under the influence of alcohol after she decided to be the designated driver that night.

Highland Park police arrested and charged the twenty-six year old with misdemeanor DUI then hauled her off to jail about 2:15 in the morning on Saturday. Fakih’s attorney, Doraid Elder, said that he would not release his client’s blood alcohol level during the time she was arrested or where his client as well as her friend had been drinking that night.

Since the former Miss USA’s friend had been too drunk to get behind the wheel, Fakih appointed herself to be the designated driver. She too was too intoxicated to be driving and when she realized that she was, she pulled her vehicle over when Highland Park police noticed her. It was reported that Fakih wasn’t released until Sunday around almost five in the afternoon. Fakih’s attorney told the media that his client was "very saddened and very apologetic for the situation she is in right now" and that she would take full responsibility for her bad decision.

Elder also states that "Rima has absolutely not a blemish on her record, she's never been in trouble, she's a law-abiding citizen and she has always given back to the community, the main objective here is to make sure that she gains the trust and respect and not only her family and friends but from everybody else who looks up to her.” If Fakih is convicted, she is looking up to 93 days in jail and fines. There is even the possibility where she would have to do community service.

Former Miss USA Rima Fakih Arrested on Suspicion of Drunk Driving, Police say,CBS News, December 5, 2011

Web Related Resources

California DMV: Pulled over for DUI

Continue reading "Former Miss USA Arrested for DUI" »

In Los Angeles, felony charges against Deputy Richard Patterson were filed by prosecutors for driving under the influence of alcohol while driving his motorcycle when he ran into the back of another vehicle.

The crash occurred on the 405 freeway on July 5 during the evening while the deputy as well as his wife was on the back of his motorcycle. It was near the Brookhurst exit in Fountain Valley when the drunken driver crashed into another vehicle. Two hours after the crash, it was revealed that Patterson’s blood alcohol level was above the legal limit of 0.08 percent when he hit a 0.15 percent. Due to his blood alcohol level, prosecuting attorneys want a “sentencing enhancement because of that.”

The thirty-eight year old drunken driver who resides in West Covina is to be arraigned on Tuesday in Westminster. The charges this deputy faces is driving while intoxicated resulting in an injury and driving with a blood alcohol level above the legal limit causing injury. While Patterson was being treated for hip injuries at Western Medical Center, his wife suffered from a knee injury and arm and hand abrasions. Luckily, the others in the vehicle they crashed into were not injured.

According to Los Angeles County Sheriff's Department, Sgt. Pauline Panis, Patterson is still employed but couldn’t tell if he was on any sort of leave. If Patterson is convicted, he will face anywhere from probation to three years in state prison.

Deputy Faces DUI Charges in Freeway Crash , MSNBC online, November 28, 2011

Web-Related Resources:
California DMV: Pulled over for DUI

Continue reading "Los Angeles Deputy Faces Up to Three Years In Prison for DUI Crash" »

In San Diego on Tuesday, Griffin O’Neal confessed to driving while he was under the influence of drugs when he caused a head on collision that injured a motorist in San Pasqual back in August.

O’Neal who is the son of actor Ryan O’Neal pled guilty for driving under the influence of drugs and possession of a firearm which adds up to two felonies. O’Neal’s possession of a “firearm by a felon” is the second felony due to his previous strike that occurred in 1992 when he shot his gun in an empty vehicle in Los Angeles. Since O’Neal pleaded guilty, the other charges against him were dismissed.

The forty-seven year old San Diego criminal is scheduled January 12 for his sentencing where he could face up to four years behind bars. According to Vanessa DuVall, a San Diego Deputy District Attorney, she described that O’Neal swerved into approaching traffic where he crashed into another vehicle. The motorist experienced head and back injuries resulting from the collision. Toxicology reports uncovered that during the collision, O’Neal had amphetamines, marijuana, cocaine and Xanax in his system. It was revealed that O’Neal had a previous DUI he was convicted of and was on probation during the time of the incident. The car that the San Diego inebriated driver had driven had rock cocaine and loaded weapons stashed in the interior.

According to the Associated Press, the same day of the crash, Redmond O’Neal, Griffin O’Neal’s’ half brother, was arrested for possession of heroin when he was pulled over during a traffic stop by the police. Redmond O’Neal is the son of Ryan O’Neal and Farrah Fawcett.

Griffin O'Neal Pleads Guilty in DUI Crash, Sign on San Diego, November 22, 2011

Web Related Resources
California DMV guidelines about DUI
California DMV on California laws regarding driving while under the influence

Continue reading "Griffin O'Neal Pleads Guilty in San Diego DUI Crash" »

On Thursday, San Diego County Sheriff detective Barbara Jean Crozier pleaded not guilty in court for the two DUI crashes she was responsible for back in August in Palm Desert.

The forty-eight year old who is a detective at the Santee substation in San Diego County is looking at an injury hit and run as well as two counts of DUI injuries in which both are felonies. In addition, Crozier is facing four misdemeanors for driving under the influence as well as property damage resulting from a hit and run. Witnesses told the court that on August 30th, Crozier was driving when she crashed into a few parked cars and ran over a pedestrian’s foot in a parking lot of an apartment complex at Fred Waring Drive and Town Center Way. Finally, Crozier was caught by officials when she rammed her vehicle in the water fountain in the entry way of the Marrakesh Country Club located at 47-000 Marrakesh Drive.

Crozier was then arrested and booked at the Indio jail for hit and run driving and driving while drunk. According to records from the court she posted bail on the sixth of September. The drunken driver who is free on a $50,000 bond appeared at the Larson Justice Center at Riverside County Superior Court Thursday for her morning arraignment where her attorney was present. Crozier will have to reappear in court December 8th for a felony settlement conference.

The drunken driver’s employment status is currently unknown because officials decided not to disclose that information.

San Diego Sheriff's Deputy Pleads Not Guilty to Palm Desert DUI, KPSP Local, November 17, 2011

Web Related Resources:
California DMV on California laws regarding driving while under the influence
California DMV on what happens when you’re arrested for DUI

Continue reading "San Diego Sheriff Detective Pleads Not Guilty for DUI Hit and Run" »

A San Diego Woman accused for hitting bicyclist while driving under the influence of alcohol was ruled that she will have to stand trial on charges of hit and run, DUI charges and last but not least, gross vehicular manslaughter.

On Wednesday, K. Michael Kirkman, a Vista Judge, found that there was sufficient evidence against the twenty-three year old drunken driver, Julianne Elyse Thomson to carry on to trial on January 23 after their long preliminary hearing that day. Thomson is looking at fifteen years if she is found guilty for the death of Arthur John Jacobs, a sixty-four year old Vista resident.

On July 27 of this year, Thomson’s Ford F-150 truck collided with Jacob’s bicycle close to the intersection of El Camino Real and Cassia Street. The accident occurred while Jacobs was on his way to work at a nearby hotel when the truck hit him around 9:45 at night. According to a witness, the San Diego drunken driver ran into bushes and then drove at a rapid speed into a parking lot of an apartment complex said Lt. Paul Mendes of the Carlsbad police. Jacobs was declared dead by paramedics on the scene. According to police, the drunken driver was found by authorities across from the apartment complex where she was hiding out in bushes next to her parked Ford F-150.

According to Aimee McLeod, the prosecuting attorney said that Thomson’s blood alcohol level was more than three times the legal limit of 0.08, measuring about .25 percent.

Woman Accused Of Killing Cyclist To Stand Trial, San Diego 10 News, November 11, 2011

Web-Related Resources:

California DMV: Pulled over for DUI
California DMV on driving drunk

Continue reading "San Diego Drunk Driver Going to Stand Trial for Gross Vehicular Manslaughter" »

A DUI arrest was made in Newport Beach on Sunday night when Final Destination star Ryan Merriman was pulled over for a traffic violation by observing officers.

The twenty-eight year old actor was pulled over around 11:30 p.m. by a patrol officer due to driving past the solid limit line at a red light signal. According to the Newport Beach Police Department’s spokeswoman Kathy Lowe, she says that "he was stopped for the traffic violation and officers observed symptoms that he had been drinking and driving. They performed a field sobriety test which he then failed." Lowe did not comment on whether or not the drunk driver had to perform a breathalyzer test at the time of arrest.

The actor was then placed under arrest and taken into a nearby police station where he would be booked on the charge of driving while intoxicated. It was assumed that the Pretty Little Liars actor was under the influence of alcohol, not drugs. It is still in question whether or not Merriman has posted the $2,500 bail.

The actor’s other works include The Deep End of the Ocean (1999), Halloween: Resurrection (2002), The Ring Two (2005), The Luck of the Irish (2001), and the Disney Channel original movie, Smart House (1999).

Final Destination's Ryan Merriman Driven to Jail on DUI Charge, E! Online, November 7, 2011

Pretty Little Liars Star Ryan Merriman Charged With DUI, US Weekly Online, November 7, 2011

Web Related Resources:

California DMV on California laws regarding driving while under the influence
California DMV on what happens when you’re arrested for DUI

Continue reading "Actor Ryan Merriman Arrested For DUI in Newport Beach" »

In Burbank California, Disney star Mitchel Musso, was arrested for driving under the influence of alcohol.
According to Sergeant Sean Kelley of the Burbank Police Department, Musso who was known for playing Oliver Oken on Disney’s “Hannah Montana,” was pulled over by officers in his 2007 black Mercedes when he didn’t follow officer’s directions to slow down his vehicle in an intersection where an accident had just taken place. When pulled over, officers could smell the stench of alcohol on the celebrity drunken driver’s breath where he was then instructed to take a field sobriety test which he ended up failing.

The actor, who is only twenty years of age, had a blood alcohol level above the 0.08 legal limit when he had taken his breathalyzer test. For those under twenty one years, anything above 0.01 is against the law. After the drunken driver took his tests, he was then arrested for driving under the influence and taken into custody. Musso’s bail was set and $5,000 and was released a few hours later from custody.

Not only was Musso a character in Hannah Montana, the actor is currently the voice of Jeremy Johnson on the Disney program “Phineas and Ferb.” In addition to Phineas and Ferb, Musso has been on the television series a “Pair of Kings” which is a story about teenage twins who are 16 years old and find out they are heirs to a fictional island known as Kinkow.

Mitchel Musso, "Hannah Montana" star, arrested for DUI, CBS News, October 18, 2011

Hannah Montana Star Arrested for DUI, People Magazine, October 17, 2011

Web-Related Resources

California DMV: Pulled over for DUI
California DMV on driving drunk

Continue reading "Disney Star Mitchel Musso Arrested For DUI" »

In Escondido last Saturday morning, a male driver in a Hyundai Sonata was arrested for driving under the influence as well as other charges for escaping a fatal hit and run crash.

According to Jim Bettencourt, a CHP officer, the collision took place at San Pasqual Road and Bear Valley Parkway intersection when the 27 year old drunken driver in the Hyundai Sonata crashed into the passenger side of a Ford Aerostar Van ultimately killing the young female passenger in the van.

The driver of the van suffered minor injuries and was taken to the nearest hospital. Bettencourt also said that after the drunken driver hit the van, he fled the scene. The 21 year old female passenger’s identity has not been released. The second passenger in the van who is 24 years of age suffered minor injuries where he was then taken to a hospital to get treatment. Another female passenger who is 31 years of age suffered major injuries and was taken to the hospital where she is expected to survive.

Joshua Goldbaum, the San Diego drunken driver was then caught and arrested for driving under the influence, hit and run as well as gross vehicular manslaughter. Authorities took Goldbaum to Vista jail where his bail was set at $100,000. San Pasqual Road and Bear Valley Parkway intersection was closed for five hours due to investigation of the crash.

Man Arrested in Fatal Collision Near Escondido, Sign on San Diego, October 8, 2011

Web Related Resources:

California DMV guidelines about DUI
California DUI: DUI procedures

Continue reading "San Diego Man Arrested For Fatal DUI Hit and Run Crash" »