Category: Boating Under the Influence

The Difference Between a First and a Second DUI If you think you’ve been down this road before, you are likely mistaken.  There are huge differences between a first and a second DUI.  A first DUI seems like a bit of a walk in the park.  Yes, you had to jump through some hoops and yes, you had to take out a loan to pay for your new auto insurance policy, but there wasn’t any jail, and the alcohol school was only three months long.  No big deal, right?  Wrong! Do you remember the warning the judge gave you…The one …

The Cost to Hire a Lawyer for Your DUI If you are shopping for price, you can stop now.  I will not be the cheapest lawyer you can find to help you with your DUI.  For years I have been getting calls and people simply want to know how much it costs to hire a lawyer to defend them for a DUI. The answer has not changed.  After over 20 years of practicing law and hundreds and hundreds of DUI cases, the answer is the same, it depends.  It depends on the case, the location, criminal history, whether it goes …

Can You Get My DUI Reduced? A common question for me is whether or not I can get DUI charges reduced. This could be in the case of first offense DUI and it could be a felony causing injury. Most often, the circumstance is a first or second offense, misdemeanor DUI with a blood alcohol test above .10. When a client blows over .10, the prosecutors tend to feel that their case is more “provable” and are far less likely to reduce the charge. By contrast, a DUI with a .08 or .09 is quite often reduced. What can be …

Felony DUI’s and the Three Ways to Get There Many people in California know someone who has been arrested for or convicted of a DUI. Some people even know a bit about felony DUI’s. Most commonly a DUI becomes a felony when an injury is caused. California Vehicle Code Section 23153 covers the felony DUI from injuries. These cases can be either misdemeanors or felonies depending upon the extent of the injuries. In extreme cases, the offense can even be a strike where there is great bodily injury or death. As a misdemeanor there is still mandatory jail time and …

Multiple DUI Arrests and Scared? Cases seem to come to me in bunches.  This year seems to be my year for Crane operator clients.  I’ve had three this year.  I’ve also had several clients this year who were arrested more than once in a very short period of time.  Three were DUI’s, two were driving on suspended licenses after DUI’s and one was simply a juvenile with a bad attitude.  What they all have in common is they all are very scared and the courts and prosecutors tend to be very unhappy with this type of behavior. So how do …

My Boyfriend told me to Refuse the Test I repeat client called me yesterday to tell me she was arrested for her third DUI last weekend. She was driving home from work at a local night club and was pulled over for swerving. I asked her about the contact with law enforcement and she told me she performed the field sobriety tests and attempted the field breath test at least 6 times. She was then arrested and taken to Van Nuys Police Station for booking. The officers asked her if she wanted to take a breath or blood test at the station …

I recently wrote a blog entitled: “Don’t Take Deferred Entry of Judgment at Arraignment”. It has received more views in the last year than any other article I wrote. The point of the article was simply to explain that short of going to trial and losing, there is absolutely no risk to plead not guilty and push a deferred entry of judgment case out toward trial in order to try and get it dismissed or reduced. Deferred entry of judgment cases are not the only cases that fall into this category. Pleading not guilty can be beneficial in many other criminal charges …

Winning in criminal defense takes a variety of different forms. First, a dismissal of all of the charges is the best example of a “win”. I have had a great deal of success in getting cases dismissed lately. In the last week I got a sex offense dismissed in Van Nuys, a battery dismissed in Pasadena and a felony domestic battery dismissed in Ventura. But, the vast majority of criminal cases which get filed don’t get dismissed outright. What other resolutions constitute a win? A true win depends upon the specific needs of the specific client. Some clients seek to avoid deportation. Some clients …

Were You Arrested for DUI Over the Holidays? If you or someone close to you was one of the unlucky people who were arrested for DUI this holiday season, then you are in good company. The task forces were out in force and the number of people arrested is quite high. Remember that the best way to deal with a DUI arrest is to deal with it immediately and not ignore it. First, read all the paperwork you got when you were arrested. If you or your loved one is still in jail, call me and we can talk about ways to …

If you start the night off with a plan, you are more likely to end the night sleeping in your own bed instead of sleeping at the grey bar motel. Throughout the past 20 plus years I have been representing people for DUI in California, I have found that when people have a plan at the beginning of the night, their night tends to end more successfully. What does that mean to you? Before you go out drinking, formulate an action plan for your night. Decide several things before you leave your house. First, even before you decide who is going …

A Los Angeles man was sentenced to 36 months of probation in Sonoma County Superior Court on October 12th, 2016 in connection with the death of his lifelong friend while wakeboarding out on Lake Sonoma earlier this year. The defendant, 30-year-old Andrew Scheff, pleaded no contest to a misdemeanor charge of operating a recreational vessel with a blood alcohol concentration (BAC) of 0.08% or more, while a concurrent misdemeanor boating under the influence charge was dismissed. According to the Sonoma County District Attorney’s Office, prosecutors found that there was insufficient evidence to prove that boating under the influence caused the …

I had lunch today with a few colleagues who do criminal defense. We started out talking about the election and the possibilities of simply sailing away to some sort of paradise. At some point a younger attorney in the group asked if any of us had ever handled a BUI case. Of course. Boating under the influence is not so common here in inland Los Angeles County and is often more prosecuted in areas where there is a heavy recreational boating community. Lake Havasu comes to mind as a place that sees a lot of this sort of thing. But it also …

San Fernando Valley Criminal Defense and DUI Lawyers Jeffrey Vallens and Ross Erlich Have Relocated In the olden days I would have called up my printer and had formal announcements printed up which “announce” my move. I would then actually stick the announcements in envelopes and mail them to everyone I know or at least to everyone who I think might care that we moved. In the digital era, it seems that printed announcements are no longer necessary, but I do want people to know that after 9 years at the old location we moved about a mile down the …

I have often said that the majority of my cases involve substance abuse, financial pressures or relationship troubles. Many involve more than one of these issues. More and more lately, my clientele seem to be effected by significant mental health issues. I’m not a doctor but sometimes it can be easy to tell when a client has a problem and it is often very hard to deal with it. Sometimes however, it’s not so easy to tell. I was referred a client recently from a local judge. The client is facing a second DUI with a high blood alcohol and multiple traffic collisions. At …

Yesterday was my twenty year anniversary practicing law. May 28, 1996, I was sworn in as a lawyer, meaning that I was officially able to start “practicing” law. It seems appropriate that my swearing in occurred in a courtroom in Van Nuys, California. Since that time, I have appeared in court in Van Nuys courtrooms more than other courthouse. But what does 20 years of criminal and DUI defense mean to you, the potential client? Quite simply, I’ve been doing criminal and DUI defense for a long time now. I am successful and I am good at what I do. Some lawyers …

You likely didn’t notice several plain clothed cops hanging around outside of court in Van Nuys or San Fernando. They may have a cop radio hidden in a pocket or under a newspaper, but they can be spotted by the trained eye. Several officers from LAPD’s Valley Traffic Section have been working for years under a grant from the California Office of Traffic Safety. The grant funds a 5 man team to police “habitual traffic offenders”, including DUI offenders and people driving while their licenses are suspended. The team is part of the Valley Traffic Division’s DUI task force. They …

I have been working in and around the criminal justice system for well over 25 years. I started out working for a small state police agency, I worked for a local prosecutor, and I sat as a volunteer judge and have been practicing law for just short of 20 years now. Working in the criminal justice system, we see a lot of really bad stuff. This has an effect over time of making us someone hardened to the serious conduct that we deal with and the real world effects that the conduct has on its victims. I often find myself …

It’s hard to believe that summer is over, the kids are back in school and fall is upon us. Actually it’s my favorite time of year because Halloween is approaching and shortly after that we have what is known in my business as the “Trifecta”. No, it’s not a horse race; it’s the three big holidays in a row, Thanksgiving, Christmas and New Year’s. I think the name came from someone in AA or NA or some such program who realized that the family pressures of the holidays are often cause for substance abuse, spousal abuse and general family strife. …

Happy Labor Day, or Not Simple Advice When Searching for a Criminal Defense or DUI Lawyer I woke up this morning, happy to not to have to shave, put on a suit and drive to court somewhere in Southern California. Although I know I will have to pay for the holiday somehow, I can enjoy today as any other day off: I get up later, I leisurely read the newspaper, sip my coffee and there it is, staring at me in black and white, another DUI checkpoint snares several unlucky drivers. I guess these folks didn’t read my last post about how to …

DUI Checkpoint in Thousand Oaks Tonight The Ventura County Star reports today that officers from the Thousand Oaks Police Department (Ventura County Sheriff’s Deputies) will be conducting a DUI/sobriety checkpoint tonight from 9 p.m. until tomorrow at 3 a.m. The purpose of the checkpoint is to look for people driving under the influence of alcohol and to check for driver’s licenses. Don’t give the cops a reason to pull you over. If you are out in Thousand Oaks tonight, don’t drink. Make sure your driver’s license is valid and in your possession and make sure that your vehicle is in …

When I graduated from law school about 20 years ago one of my friends thought they would be funny and bought me a new coffee mug that said: “A good lawyer knows the law, a great lawyer knows the judge”. I am a good enough lawyer to know that there may be some truth to this old saying. However what I have found after two decades of practice is that knowing people is good, but knowing how to talk to people is what is so great. Attitude is everything in my business. Every lawyer has their side for which they …

The majority of lawyers in the country charge for their services on an hourly basis. The lawyer speaks to the client, discusses the case and takes a “retainer”, or advance funds, and bills against the retainer for his work. When the retainer gets used up, the lawyer asks the client for more money. Here in California, things are a bit different for criminal defense and DUI defense attorneys. Here, almost all criminal lawyers charge flat fees for their services. I’m not sure why this is, but that’s the way it’s been for the 20 years I’ve been practicing and I …

Alcohol and Drug Dependency Resources To me the National Council on Alcoholism and Drug Dependency (NCADD) has been nothing more than the liaison between the court and the court ordered alcohol education program after my clients have been convicted of DUI and ordered into a program. After the case settlement, we get the paperwork from the clerk, head over to the NCADD office, pay them a fee and get our referral to an alcohol school. We then call the school directly and make an appointment to go in and sign up. Some weeks or months later, after we finish the program, NCADD …

Kevin Hogrefe is Out on $500,00 Bail and Using the Public Defender Kevin Hogrefe posted bail of $500,000.00 and appeared at his arraignment out of custody yesterday in Ventura Superior Court. He was ordered as a condition of bail to wear and GPS tracking device and a skin monitor for alcohol. He appeared in court with a Ventura County Deputy Public Defender, Justin Tuttle. I happen to be a fan of the Ventura County Public Defender’s Office. I think the vast majority of these lawyers are hard working, well trained defense attorney who are practicing their trade in a very tough county. …

Lots of lawyers take payment plans. I often joke about one lawyer who I still see in the Metropolitan traffic court who has bright orange stickers on his client files that say: “Payment Plan” in bold letters. How tacky and offensive is that? In any event, you get arrested for DUI, usually because you were in a fight with your significant other, had a bad day at work, or recently got some other type of bad news in your life. Then, to add insult to injury, you get arrested and now you need to come up with a large bunch of money …

I was licensed to practice law in May of 1996. The day after I got licensed I made my first appearance in criminal court as a lawyer. It’s been 18 years and I am still running…from court to court, that is. While a lot of my criminal defense and DUI defense work is in Los Angeles County, early on in my career I was lucky to have a cousin loan me my first office in Chatsworth. While that seemed to me to be a strange location for a law office, cousin, Brent Vallens always made it work for himself and …

A Los Angeles Police Valley Traffic Division motorcycle officer was critically injured in Sun Valley, California yesterday after an SUV failed to stop at a red light and plowed into the back of the motor cop. The officer, whose name has not been released by LAPD, is in critical condition at Providence Holy Cross Medical Center in Granada Hills. The officer was said to have been stopped for a red light and the other driver failed to stop or slow down before striking the officer and pinning him between two cars, causing his injuries. The officer was rushed to the …

A 29 year old Los Angeles Police Officer was arrested Friday for driving under the influence of alcohol after his car plunged off the 60 freeway in Diamond Bar. The car ended up in a McDonald’s restaurant drive through with its driver, Jonathon Chel trapped inside the car. I’m not sure how many times I have said this, but I often tell my clients and potential clients, “Don’t give the pricks a reason to contact you”. When I say this I am normally referring to minor driving offenses like speeding, tinted windows, cracked windshields, expired registration and a litany of other minor …

Another pair of weekend DUI checkpoints were conducted starting last night and running through early this morning in Ventura County. Funded by a grant paid for by the National Highway Transportation Safety Administration, the two separate checkpoints yielded a total of one, yes one, DUI arrest in about 6 hours of operational time. Countless man hours were put into the two checkpoints which were staffed by officers and cadets from the Ventura Police Department. Officers associated with the checkpoints indicated that another 5 people were arrested for not having valid driver’s licenses or driving while their licenses were suspended or revoked. …

The fact that David Cassidy was arrested for (his third) DUI does not really interest me. What does interest me and should interest many of my clients and potential clients’ are the circumstances around his arrest. The California Highway Patrol indicate Mr. Cassidy was pulled over near the Los Angeles International Airport about 9:40 p.m. Officers indicated Cassidy made a right turn against a sign posted “No right on red”. This is where it gets interesting to me. I often tell my clients the same thing: Don’t give the cops a reason to pull you over. By this I mean try to …

A man was killed in his rented room early this morning as a suspected drunk driver appears to have lost control of his car and plowed into the home of two men on an otherwise quiet residential street in Mission Viejo, California. The other home resident was not injured and authorities indicated the victim was dead upon the arrival of paramedics after he was crushed by the car entering his bedroom. Photographs and video of the incident shows the car almost completely inside the single family home. Area residents told reporters that people often drive this stretch of road a high rates …

Lamar Odom was arrested two days ago for DUI. It’s already old news so why am I writing about it now? The reason is because his arrest poses some interesting issues that frequently come up in DUI cases. First, misdemeanor DUI is charged under two different vehicle code sections in California: 23152 (a) and 23152 (b). The first is an allegation of driving under the influence of alcohol, drugs or a combination of the two. The second count is an allegation of driving while one’s blood alcohol concentration is .08 or above, regardless of impairment and with no allegation of drugs. When …

Grammy winning singer and songwriter Miguel was arrested yesterday for DUI in Los Angeles, California. Miguel, whose full name is Miguel Pimentel, was pulled over by officers with Los Angeles Police Department’s West Traffic Division and later taken into custody in the early morning hours. The singer was said to have submitted to a breath test for alcohol and tested .10, just over the legal limit in California. Miguel is due in court in Los Angeles on September 9, 2013. Miguel, you, or your lawyer have just ten days from the date of the arrest to contact the California Department …

A Riverside County resident was just sentenced to 17 years in prison after pleading guilty to three counts of gross vehicular manslaughter resulting from a DUI traffic collision early last year. Tenina Calhoun of Moreno Valley had been out with friends celebrating her birthday when she got behind the wheel of her SUV and, while speeding down the road, lost control of the vehicle and crashed into a tree. 5 occupants were ejected from the vehicle and three of them died. Calhoun had been charged with three counts of second degree murder as a result of the drunken traffic accident and in a plea …

Sports Icon Al Michaels was arrested Friday night in Santa Monica, California for driving under the influence of alcohol (DUI). Authorities said the legendary sportscaster made an illegal u-turn near the area of a DUI checkpoint that the police had set up in Santa Monica. No doubt one of the chase vehicles caught Michaels as he was trying to avoid the checkpoint. California law requires that DUI checkpoints have an escape avenue or potential turn out for drivers to avoid being forced to drive into the checkpoint. However, as a practical matter, law enforcement always has chase vehicles set up …

Forced DUI Blood Tests and Search Warrants after Missouri vs. McNeely The United States Supreme Court just heard aDUI case from Missouri. It was called Missouri vs. McNeely and it involved a DUI suspect who did not consent to a test for blood alcohol after an arrest. Police forcibly took a blood sample from Mr. McNeely and tried to use the results of the test against the suspect in court. I would expect to hear that in a state like Missouri the cops might get away with warrantless forced blood tests after a DUI arrest – but not here in California, …

Thomas Gibson, an actor known for his role as “Greg” on Dharma and Greg was arrested today for DUI. Gibson was driving in downtown Los Angeles when authorities said he drove through a barricade set up for a nighttime run through the downtown area. There were no injuries as a result of his driving through the barricades set up to kep runners safe from cars on the road. Prosecutors are always reluctant to reduce or dismiss DUI charges when there is any type of an accident. Often prosecutors and judges take the position that, but for the alcohol consumption, the …

Please be careful out there: http://baldwinpark.patch.com/articles/avoid-the-100-releases-holiday-dui-checkpoint-schedule-5edfecf2 Please take note of the local DUI checkpoints and special enforcement areas and locations during the holiday season. Don’t drink and drive, but if you do, call me: Jeffrey Vallens (818) 783-5700 or email me at: vallenslaw@yahoo.com.

Surprise, surprise, surprise, Ventura County is stepping up its holiday DUI enforcement, but this year they are adding a new twist. Ventura County has started an undercover operation of following people into and out of court when they are suspected of driving on a suspended license. For some years, the Los Angeles Police Department has been running a unit they call the H2O unit or the habitual traffic offender unit. These officers are part of the Valley or West Traffic Stations and actually perform undercover operations where they follow multiple drunk driving offenders to court, to their homes and their …

With the 2012 Thanksgiving weekend coming to a close the California Highway Patrol Reports that statewide Driving Under the Influence arrests were down significantly from last year. This weekend last year there were 903 people arrested for DUI compared to only 840 DUI arrests so far this weekend. The CHP did report that fatalities were up this weekend compared to last year. 17 people died in fatal collisions this year compared to 14 in the same weekend last year. It is still unknown how many of the fatal collisions involved alcohol related accidents. For more information visit: California Highway Patrol. If …

I just got off of the telephone with a woman who was arrested for Driving Under the Influence of Alcohol (DUI) in Malibu, California. She told me that she was pulled over for weaving and arrested for DUI. She submitted to a breath test and blew results of .13. We went on to talk about her drinking patter, criminal history, licensing status, citizenship status, any several other issues which tell an experienced lawyer whether this case has aggravating factors associated with it. We continued to talk about the Department of Motor Vehicle’s (DMV) Administrative Per Se (APS) hearing and what …

The Los Angeles Lakers’ Devin Ebanks was arrested yesterday for Driving Under the Influence of Alcohol in Hollywood, California. Officers with the California Highway Patrol arrested him shortly before 3:00 a.m. and booked him for the crime. Ebanks posted bail and was released with a date to appear in court in early December. According to ESPN, the Lakers organization was aware of the arrest and made no public comment. If convicted of DUI, Ebanks faces probation, a mandatory alcohol school, a fine of around $2,000, the loss of his driving privilege and up to 6 months in jail. The conviction …

The number one response to law enforcement when someone is pulled over for driving under the influence is to tell the police you only had two drinks. Sometimes it’s true, but often times it’s not so true. When clients come into my office to meet with me for a DUI consultation, I often say things like, “my wine glasses are 23 ounces, how large are your glasses”? At this point, clients are often more forthcoming as to the actual amount of alcoholic beverages they consumed the day of their arrest. Even if a client has a fairly accurate recollection of the …

A new law in France is making it compulsory for all drivers in France, including tourists, to carry a breathalyzer kit in their vehicles or face a fine. It is the latest move by the government aimed at bringing down the number of road deaths caused by alcohol. The government reasoned that the new law would make some people think twice before getting behind the wheel after they have been drinking. Drivers who suspect they may be over the limit, can test themselves. Motorists driving without the breathalyzer test kit after the November 1 date, will be handed a fine …

I currently have a client charged with evading arrest and DUI in the San Fernando Courthouse of Los Angeles County. He also has a 20 year old strike prior from a previous alcohol-related driving incident. In fact, is entire criminal history involves alcohol use or abuse. According to my client, he has been abusing alcohol since he was 18 years old. This was the time he enlisted in the Navy. He served in a combat zone in Viet Nam and was honorably discharged shortly after the war ended. While in the Navy he was trained in aviation electronics and has …

The California Highway Patrol reported that DUI arrests were up significantly from last Labor Day Weekend. Not only were DUI arrests up, but fatal accidents were up as well, says the CHP. Last year only one fatal accident was reported during the first two days of Labor Day Weekend, but this year there were six reported fatal accidents. In addition DUI arrests were up to 1,008 from 990 last year. The CHP reported that there had been a downward trend in DUI arrests and fatal traffic collisions over the last few years. Sadly, this year has shown an increase in …

I regularly get calls from potential clients who do not wish to give out any case-specific information and want to get a “quote” over the telephone for the cost of my criminal defense services. It is difficult to quote a fee without knowing the specific facts about a particular case. When I speak to a potential client who just wants a quote over the phone, my first question is usually, “Do you have a minute or two to speak with me about the facts of your case?” The answer is often yes, in which case I am able to obtain …

DUI arrests both locally and across the state increased this year from last year. The CHP reported that the number of people arrested for driving under the influence of alcohol drugs or both increased significantly from 2009 to 2010. The number of DUI related collisions was the same as last year and happily, no fatal collisions were reported this year or last year in Ventura County. Sadly, the CHP reported there were nine people killed during Thanksgiving weekend in DUI related collisions. Let’s be smart out there. Don’t drink and drive. Use a designated driver, take a taxi or even rent a limo. …

Expect to see extra CHP cruisers on the 118 freeway for the next year. The California Highway Patrol obtained a large grant to fund extra DUI patrols on State Highway 118. These funds will go toward extra patrols, overtime and support services for the Moorpark and West Valley CHP offices to combat drunk driving. The funds were awarded because the 118 freeway is said to be one of the top five most dangerous freeways in California for DUI related injuries and deaths. CHP representatives say we should expect to see three to four times as many CHP patrol cars on the 118 …

According to the LAPD, there will be a DUI/Driver’s License Checkpoint set up this Friday, July 24, 2010 from 8:00 pm until 3 am.  It will be operated by LAPD’s West Traffic Division and it will take place on Venice Boulevard and Walgrove Avenue in Los Angeles. Remember my words:  Don’t give the pricks a reason to pull you over.  If you happen to drive through a sobriety checkpoint, don’t give the cops cause to investigate you further.  If you are out in West LA this weekend, and you plan to drive, don’t drink.  If you are drinking, don’t drive.  …

July 1, 2010 is the beginning of a pilot project in Los Angeles County where every person convicted of DUI will be required to install an ignition interlock device in their vehicle. For those of you who don’t know what an ignition interlock device is, it is a machine, installed into your car that you have to blow into in order to start and keep driving your car down the road. If the machine reads blood alcohol you will not be able to start or keep driving your car. No problem you say, I can just not drink before I drive. The …

I just won another DMV hearing. The facts were as follows: Defendant was pulled over for doing 55 miles per hour down Ventura Boulevard around 11:00 p.m. Officers indicated they smelled alcohol on the suspects breath, her eyes were red and watery, her face was flushed and her speech was slurred. The got her out of the car and she failed to perform the field sobriety tests as instructed. She blew into a hand held breathalyzer with results of .08 and .09. She was arrested. At the station she blew a .07 and a .08. The court case was reduced …

246 people were arrested for DUI in California on Christmas Eve.  71 of those were in Los Angeles.  To all of you and all of those who did not get caught I say:  Don’t drink and drive. Please read my article on the costs of a DUI. For those of you who were arrested, please talk to a lawyer about your situation.  Please read all the paperwork that you got the night of the arrest.  If you don’t understand it, ask a lawyer.  Please contact DMV within ten days of the arrest to set a hearing to prevent an automatic …

Not every case result can be spectacular.  However, I can perform a valuable service for each and every client. Today I went to court for RC.  He had a DUI in the South bay and he blew breath results of .14 and .15.  RC was pulled over for making an illegal turn and weaving.  His breathalyzer machine was in proper working order.  I am sorry to say I was not able to get the charge dismissed, but I was still able to help my client out a great deal. RC owns and operates his own business.  He works six days …

Another lawyer recently asked me to help out a friend of his on a DMV hearing. The hearing was set to start in about ten minutes and I had never seen the file. I told my friend I would do what I could. I soon found out the the cop was under subpoena and so was the blood alcohol expert for the DMV. I quickly reviewed the discovery and went to town. I immediately identified our issue: Drinking after the driving. I cross-examined the cop and their expert witness and and it went like better than I could have hoped. …