A man riding a bicycle was struck and killed in a hit-and-run accident Thursday morning in Van Nuys, with the driver taken into custody on suspicion of driving under the influence.

Police responded about 3:45 a.m. to Haskell Avenue and Stagg Street and found the victim, said Officer Norma Eisenman, a spokesman for the Los Angeles Police Department.

The cyclist was struck from behind and pushed up to 40 feet, NBC4 reported.  The driver fled the scene and was found about a mile away at Woodley Avenue and Saticoy Street, where he was taken into custody, Eisenman said.

The driver was combative and fought with officers while being arrested and was transported to a hospital with unknown injuries, NBC4 reported.

So, you’re the drive, what happens now?  Well, you are likely going to be held on high bail and, in all likelihood, will face charges of felony hit-and-run, resisting arrest and felony dui causing injury and/or vehicular manslaughter while intoxicated.  All of which are serious offenses.

As discussed in prior blogs about DUIs and hit-and-runs, the technical facts surround the incident are crucial.  Did the officer(s) observe you drive?  If not, are there any circumstantial facts that would demonstrate driving?  What was your blood alcohol concentration?  Were you taking any medication at the time of the incident?  All of these facts are critical since prosecutors prosecuting DUIs rely on technical facts to prove their case.

It is also critical to contact the DMV within 10 days from the date of incident/arrest to prevent them from automatically suspending your driver’s license and request an administrative hearing.

Depending on the facts of your case, the extent of any injuries to victim(s) and other mitigation factors, punishment could range from no jail and probation to years in state prison and a year-long license (or more) license suspension.

If you or someone you know has been arrested for DUI, hit-and-run or DUI causing injury in Los Angeles, San Bernardino or Orange county, contact attorney Ross Erlich as soon as possible.  Attorney Ross Erlich can contact the DMV and request a hearing without having them automatically suspend your license and work to suggest steps you may take to improve the outcome in your case before you even go to court for the first time.

Law enforcement agencies throughout Los Angeles County made 499 arrests at various DUI checkpoints from Friday through Sunday this past Memorial Day weekend.  The final tally is 30 arrests fewer than the same time last year.

This DUI checkpoint campaign was part of a multi-agency collaboration and was funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

If you or someone you know has been arrested for DUI or other driving under the influence offenses, contact our office today for a free case consultation and evaluation. Remember that once you are arrested for a DUI, you have 10 days from the date of arrest to contact the DMV before they automatically suspend your license.  Also keep in mind that DUI checkpoints have to conform to certain requirements under state law and the failure of law enforcement to meet every requirement can help get your case reduced or even dismissed.

A DUI arrest in Los Angeles can be a serious, and tricky, case to handle.  A good defense attorney must keep track of the criminal court and DMV proceedings which are both separate and do not depend on one another.  Thus, you might have your case completely dismissed in criminal court and still be facing an administrative proceeding with the DMV seeking to suspend your license.  You may also face additional administrative action if you hold a professional license with a California State Licensing Board or any form of professional license.

Being convicted of a DUI in Los Angeles can bring jail time, fines, probation, the suspension of your driver’s license, driving under the influence classes and restitution for any damage caused by the incident.  For a more in-depth discussion of the DUI process click here.

If you have been arrested for a DUI in Los Angeles, Hollywood, Downtown LA, the Westside, Santa Monica, Culver City, North Hollywood, Beverly Hills or anywhere in LA County, contact attorney Ross Erlich today.

 

A man was hospitalized with major injuries when he was ejected from his car following a rollover accident that occurred on the 10 freeway.  The woman who was driving the other car in the accident was booked into jail on suspicion of DUI.

The man was ejected from the car as it ran up an embankment on the shoulder of the freeway near the Lincoln off-ramp.  The woman who was arrested was speeding and “driving erratically”, and lost control when she was trying to avoid hitting another vehicle.

Whenever a DUI-related accident results in injuries, the suspect is booked for felony DUI and the bail is set according to the felony-level charge.  Depending on the court that the case goes to, the extent of the victim’s injuries and the facts of the case, the prosecutor may file the case as a misdemeanor or keep it as a felony.

Being charged with a DUI in Los Angeles is a complex and multifaceted case.  Not only are there immediate steps to be taken with the DMV, but also criminal court proceedings that are completely separate and unrelated from those with the DMV.  If you have been arrested for a DUI in Los Angeles, you must contact the DMV within 10 days from the date of arrest to request an Administrative Per Se (APS) hearing and have a stay placed on the automatic suspension of your driver’s license.

If convicted of a DUI in criminal court, you are facing the possibility of county jail time or Cal Trans work, fines and fees to the court, a drinking and driving program that can range from 3 months to 18 months, probation and the installation of an Ignition Interlock Device (IID) on your car.  A step-by-step approach to a DUI arrest can be found by clicking here.

If you or someone you know has been arrested for, or charged with, a DUI in Los Angeles, Santa Monica, Burbank, Airport, Downtown, Hollywood or North Hollywood, it is crucial to contact attorney Ross Erlich within the first 10 days of your arrest.  There are many factors to consider in evaluating your case, including, but not limited to, time of chemical test, probable cause to initiate a traffic stop, what was said to you at the time of detention, chemical test results, field sobriety tests, weather conditions, lighting, what you had to eat that day, were you taking medications, when was the last time you slept…  The list goes on.

Do yourself a favor and consult with an aggressive and experienced Los Angeles DUI attorney and contact Ross Erlich today.

An off-duty LAPD officer was arrested last week on suspicion of DUI after he allegedly crashed his car into a McDonald’s drive-through in Diamond Bar.  Apparently the officer was exiting the freeway at 1:15 a.m. when his car veered off the exit ramp, crossed over to an on-ramp and then was launched 50 feet, eventually coming to rest in the drive-through.

Firefighters had to pull the officer from his car and transport him to the hospital.  A CHP officer responded to the hospital, where the officer must have shown the objective symptoms of being under the influence, and was arrested for DUI.

Assuming this off-duty officer has not had any prior DUI convictions within the last 10 years, he is facing a possible license suspension through the DMV and possibly through the court, a longer first-offender driving under the influence class (due to the accident), possible jail or Cal Trans work, court fines and fees and possible suspension or loss of his employment.  There are additional issues to keep in mind with regards to the impact of a DUI.  Contact the office to have a consultation about your specific case.

When there is a car accident such as this while driving under the influence, prosecutors seek to impose additional penalties to, what would otherwise be, a normal first-offense DUI offer.  Accidents, injuries, open containers, and driving on a suspended license are all common issues that can elevate the normal DUI case.

If you have been involved in a DUI with an accident or injuries, it is important that you contact attorney Ross Erlich as soon as possible.  Contacting law enforcement, the prosecutor’s office and even trying to compensate victims can put you in a better place dealing with your case than if you just sat and waited.  Also keep in mind the need to contact the DMV within 10 days from the date of arrest to request a hearing and prevent an automatic suspension of your license.

If you have been arrested for a DUI anywhere in Los Angeles County, Ventura County, Orange County or San Bernardino County, contact attorney Ross Erlich today.

Former UFC Champ Tito Ortiz was arrested on Monday morning on suspicion of DUI following a crash on the 405 freeway in West Los Angeles.

According to the California Highway Patrol’s initial investigation, Ortiz was driving on the freeway when he lost control of his vehicle and struck the concrete median.  CHP officers responded to the scene after Ortiz has pulled off of the freeway.  No one was injured and Ortiz’s vehicle sustained moderate damage.

Being arrested for a DUI causing injury or with a traffic collision is more of a complex case than a straightforward DUI.  When there are injuries involved, you may be charged with a felony, there may be jail time involved and the possibility of a large amount of restitution to the victim.  A DUI with a traffic accident, in most situations, will not lead to jail time, but will trigger a longer driving under the influence education program, community service or Cal Trans work, and restitution to the victim(s).

Remember, if you have been arrested for a DUI, you or your attorney must contact the DMV within 10 days of the arrest to request an Administrative Per Se hearing.  Not doing so can result in the automatic suspension of your driver’s license!

There are many other factors that should be addressed immediately after being arrested for a DUI and one of those is consulting with an experienced DUI lawyer.  Attorney Ross Erlich has handled hundreds of DUI cases in Los Angeles, Orange, San Bernardino and Ventura counties.  Ross Erlich knows what facts to look for, what procedures law enforcement needs to follow and, most importantly, how to resolve your case in the best possible way.  Contact the office of attorney Ross Erlich today for a free DUI consultation and fight for your rights.

Lamar Odom’s DUI arraignment was postponed for approximately two weeks after a judge granted his lawyer’s request for this continuance in the Van Nuys Superior Court’s misdemeanor traffic arraignment courtroom last Friday morning.

Odom is being charged with driving under the influence of alcohol, or drugs, or both (California Vehicle Code section 23152(a)), and was being represented in court by his attorney without being personally present.

Odom was arrested in the early morning hours on August 30 after law enforcement allegedly saw his car swerving across lanes on the 101 freeway.  He was also, allegedly, driving at only approximately 50 mph on the freeway, a 65 mph zone.  Officers allege that Odom failed to pull over for approximately 1 mile and failed several field sobriety tests at the location of arrest.

Once at the station, Odom refused to take any of the state-required blood alcohol tests (breath, urine or blood) and this caused an automatic 1 year suspension of his driver’s license from the DMV.  This suspension takes place immediately and stays in place regardless of the outcome of his criminal DUI case.

If you have been arrested for a DUI and charged with refusing a chemical test, it is crucial that you contact an attorney and have that attorney contact the DMV within 10 days of your arrest to request a hearing.  This administrative hearing will address the issues of whether or not law enforcement had reason to suspect you were driving under the influence, whether you were lawfully arrested, if you were properly advised that your license would be revoked or suspended for 1 year and if you willfully refused a test after all was said and done.

In court, a DUI refusal may lead to increased penalties should you plead guilty or get convicted at trial.  The prosecution will be seeking some form of jail time (minimum of 48 hours), a 9-month drinking and driving program and other possible additional penalties.

If you have been arrested and charged with a DUI in Los Angeles, Metro Court, Airport Court, Pasadena Court, Burbank Court or East Los Angeles Court, contact attorney Ross Erlich now for a free consultation.  Attorney Ross Erlich is available 24/7 and will evaluate your case and present you with your options right up front.


Latest Tweets

Copyright 2012 Ross Erlich. Design by VirtaComm.com