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Federal DUI laws could be stricter than ever

On behalf of The Law Office of John W. Noonan posted in Drunk Driving Charges on Tuesday, May 21, 2013.

California drivers and motorists all across the country may soon face even more rigid regulations regarding the legal alcohol limit. The National Transportation Safety Board (NTSB) recently issued a long list of measures it prioritizes to minimize the number of drunk-driving incidents. And while most may agree that more can and should be done to protect everyone on the road, the NTBS’s new zero-tolerance approach to combatting DUI cases could criminalize innocent, responsible drivers around the country.

The current federal standard for the maximum legal blood alcohol level has been in place for more than 20 years now. Some states do have different policies, but most recognize a blood alcohol content level of 0.08 as being the highest allowable reading. Since that measure was passed, along with other pieces of DWI-related legislation, the national number of drunk driving fatalities has dropped considerably.

The law may work against those faced with DWI charges

On behalf of The Law Office of John W. Noonan posted in Drunk Driving Charges on Thursday, May 16, 2013.

California drivers are subject to numerous state and federal laws regulating road safety. And drunk driving legislation plays a big role in helping to guarantee that everyone on the road is protected. Though, many drivers throughout the country learn the hard way that the same laws intended to keep them safe may actually infringe upon their legal rights. One case involving a man wrongly charged with DUI illustrates how current policies can fail innocent people.

The incident in question resulted in the indictment of one police officer on 14 charges by a grand jury. The officer had orchestrated a false DUI case against one man, accusing him of driving recklessly and refusing a breath test. Fortunately for the victim in the case, it was later discovered that the officer had indeed made up all of the claims. The victim’s innocence and reputation were restored, but not before he was forced to endure public and legal scrutiny.

Off-duty officer suspected of drunk driving

On behalf of The Law Office of John W. Noonan posted in Felony DUI on Monday, May 6, 2013.

It only takes one lapse in judgment for a person’s job and professional integrity to be put in jeopardy. For the thousands of people that are arrested on DUI charges each year throughout California and across the country, the allegations are sometimes enough to put their careers in danger. The stakes can be even higher for individuals in high profile and/or public service positions since they are typically held to higher standards. It is yet to be seen how one California police officer’s career may be affected by his recent DUI arrest.

The Solinas police officer was off duty when he allegedly lost control of his motorcycle. Fortunately, no other vehicles were involved in the accident and the officer only sustained minor injuries. Upon responding to the scene, law enforcement apparently suspected that the officer had alcohol in his system.

U.S. Supreme Court defends rights of DUI suspects

On behalf of The Law Office of John W. Noonan posted in Felony DUI on Thursday, May 2, 2013.

Even though individual laws may vary from state to state, the principle that every American citizen is presumed innocent until proven otherwise precedes any state legislation. That means that in the state of California, and all throughout the country, an individual must be guaranteed their rights even if they are charged with DUI. In an effort to reiterate that fact and clarify how the law should be interpreted, the U.S. Supreme Court recently ruled on how some suspected drunk driving incidents should be handled by law enforcement.

Discussing their latest judgment on requiring law enforcement to seek warrants before submitting suspects to blood alcohol tests, one Supreme Court justice agreed that there are instances where law enforcement do have the legal justification for issuing a blood test without first having a search warrant. Though, given that officers have multiple resources at their disposal to obtain warrants in a timely fashion, they have an obligation to make the effort.

Previous convictions lead to harsher charges for California man

On behalf of The Law Office of John W. Noonan posted in Felony DUI on Friday, April 26, 2013.

As in many other states around the country, some California laws stipulate that previous convictions can be considered when charging an individual with new allegations. In some instances, previous offenses can lead to more serious accusations in a new crime, potentially increasing the severity of the sentence the defendant may face if they are found guilty in court. Even though a previous incident was not related to a crime against another person, one man has been charged with a harsher felony DUI charge because he has a past misdemeanor conviction on his record.

According to one California Supreme Court ruling, someone can face allegations of second-degree murder if they are suspected of causing a fatal DUI accident. This is especially true for anyone that was already convicted of a DUI-related crime.

Underage drinking results in deadly accident

On behalf of The Law Office of John W. Noonan posted in Felony DUI on Saturday, April 20, 2013.

A recent out-of-state accident involving several California residents ended in tragedy for the victims, and may affect the boy accused of causing the crash for years to come. The 18-year-old boy now faces numerous felony and misdemeanor charges for his alleged role in the two-vehicle collision that killed five people in late March, 2013.

The boy's attorney claims that he is very remorseful over what happened and is currently in a county jail under protected custody. His bail was set at more than $3 million. While he did recently appear in court, the defendant hasn't yet offered a plea for the multiple charges he will soon face.

Palo Alto man faces DUI charges

On behalf of The Law Office of John W. Noonan posted in Drunk Driving Charges on Monday, April 8, 2013.

When someone is suspected of causing a car accident, alcohol is one of the contributing factors that is often investigated first. Law enforcement may even take a driver into custody under the assumption they have alcohol in their system without having conclusive evidence to support such allegations. In incidents where tests are not immediately administered properly to determine if a suspect is in fact intoxicated, other causes for an accident should be given the attention they deserve.

An elderly Palo Alto man was recently charged with DUI and arrested, even though it is not stated that law enforcement administered any alcohol test at the time of the incident. He is accused of striking a pedestrian and a house with his car.

Fatal drunk driving accident leads to felony charges

On behalf of The Law Office of John W. Noonan posted in Vehicular Assault or Homicide on Friday, April 5, 2013.

One young man's life has been forever changed by the rulings of a California court, which found him guilty of multiple felony charges recently. The 24-year-old defendant was convicted of one misdemeanor charge of driving without a license, along with felony vehicular manslaughter and hit-and-run resulting in death. He was also convicted of DUI causing serious bodily harm or injury.

According to prosecutors in the case, the defendant caused a tragic accident after drinking a large amount of alcohol. They claim that 24 beers were consumed between the defendant and a friend before the incident. Though, it is not stated how many beers he drank specifically. Given that he received multiple felony convictions, the man could potentially face a 16-year prison sentence.

Young driver faces felony DUI charges for serious accident

On behalf of The Law Office of John W. Noonan posted in Felony DUI on Monday, March 25, 2013.

Most Bay Area drivers will confess that with experience comes skill behind the wheel of a car. It can take some time before new drivers grow comfortable maneuvering their vehicles; and beyond that, confidence is built through practice in different driving environments and scenarios. That is why it is often recommended that young drivers practice for some time under the guidance of a more experienced person. Once they have their license, new drivers should still monitor their own progress and limit avoidable distractions until they are comfortable and confident in the driver seat. However, some young people are so eager to enjoy all the freedom a driver's license affords that they may ignore safety concerns.

One young San Francisco woman was arrested on felony DUI charges for allegedly causing injuries to some of the passengers in the car she was driving recently. One of the female passengers was identified upon leaving the car after the accident, and law enforcement are looking for two of the male passengers that also left the scene. Two other females in the car sustained injuries and required medical treatment.

Northern California officer found guilty of felony DUI charges

On behalf of The Law Office of John W. Noonan posted in Felony DUI on Tuesday, March 19, 2013.

Incidents involving drunk driving are often viewed especially harshly by prosecutors and the public alike. In cases where drunk driving results in an accident, a victim is typically identified. Though, some forget that the defendant can also be traumatized by the crash too. In an effort to take responsibility for their mistakes, many people that are found guilty of driving under the influence recognize the severity of their actions and readily comply with the judgment of the court. In Redding, California, one woman is preparing to face the consequences of her actions, including a jail sentence for felony DUI charges.

The defendant in the case is an ex-CHP officer who worked for the state for almost 20 years. Since the accident that occurred in early 2012, the defendant lost her home and job, and now faces 180 days in county jail. In addition to being on probation for three years, the woman has yet to learn what damages she will owe the victims in the accident.

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