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.

MTV’s Teen Mom star Farrah Abraham is facing possible jail time if convicted of the battery and resisting an officer charges filed against her.  She is scheduled to be arraigned in the Airport Courthouse on August 13 on those two misdemeanor charges.

The charges stem from an incident in which she allegedly hit a security guard at the Beverly Hills Hotel and then resisted arrest when she was asked to leave the hotel.  Officers arrived to the hotel based on a call that Abraham was arguing with hotel guests and had been asked to leave the location by hotel security.  The security officer alleged that Abraham struck him in the face with her forearm, grabbed his ear and pushed him in the face as he attempted to prevent her from re-entering the hotel.  Beverly Hill Police officers noted that Abraham exhibited signs of intoxication.

If convicted on both counts, Abraham faces up to 18 months in jail.

Attorney Ross Erlich has handled numerous battery and resisting arrest cases.  A lot of them are a result of people who are under the influence, out partying, at a club or bar, and simply take things a little too far or don’t follow instructions from law enforcement.

A battery charge is something that takes into account any and all unwanted touching that is done in an offensive way.  Thus, someone doesn’t have to beat someone up, break a bone, cause bleeding, etc, to be convicted of a battery.  All that is required is some physical contact in an offensive manner.  In most cases, the maximum penalty for a batter is up to 6 months in jail and up to a $2,000 fine.  If you commit a batter against a peace/police officer, it can be charged as a wobbler (a felony or a misdemeanor).

In order to be charged with resisting arrest, you must resist, delay or otherwise obstruct a law enforcement officer, or emergency personnel, while they are performing, or trying to perform, their official duties.  This, as one might imagine, is typically charged when people resist officers putting handcuffs on them, push officers away, and giving a false name to police officers.

While attorney Ross Erlich’s job is to fight to protect your rights and liberty, the best advice to give someone when confronted with security and/or police officers is to be as courteous as possible and follow directions.  There is no need to provide any statements or to incriminate yourself, but if asked to leave somewhere or to stop doing a certain activity, cooperation tends to lead to no charges getting filed, or, at least no resisting arrest charges.

If you or someone you know has been charged with battery or resisting arrest in the Airport courthouse, Van Nuys courthouse or the Downtown CCB courthouse, contact attorney Ross Erlich as soon as possible.  There might be ways to civilly compromise your case and get charges permanently suspended.

Milton Bradley, the former Dodger outfielder who has had many behavior-related issues on and off the field, was sentenced last Tuesday to 2.5 years in Los Angeles County Jail and 5 years of probation.  The sentence came after Bradley was convicted last month by a jury for kicking his wife and attempting to choke her.

Los Angeles Superior Court judge Thomas Rubinson handed down the sentence, which also includes 400 hours of community service and the 52 week domestic violence and anger management class.

Last month a jury found Bradley guilty of, among other charges, four misdemeanor counts of spousal battery, two counts of criminal threats, one count of assault with a deadly weapon, vandalism and brandishing a deadly weapon.  These charges all stemmed from incidents in 2011 and 2012 where Bradley threatened to beat his wife with a baseball bat, kicked and choked her inside of their home.

As is apparent from this sentence, prosecutors and judges take incidents of domestic violence and spousal battery very seriously in Los Angeles County, particularly where there are injuries, threats and real fear by the victim.  Each misdemeanor domestic battery or domestic violence conviction is punishable by up to 1 year in the Los Angeles County Jail and up to a $1,000 fine.  Furthermore, each domestic violence-related conviction typically also carries a mandatory 52-week domestic violence and anger management class and a possible prohibition on owning a firearm for 10 years under state law.

If you have been arrested for domestic violence or spousal abuse, it is important to contact attorney Ross Erlich right away to protect your rights and freedom.  There is a lot at stake when you are charged with domestic abuse and it is crucial for you to make sure your side of the story is heard.

Contact attorney Ross Erlich today for a free consultation.

Accoridng to www.distraction.gov, the official government website on distracted driving, you are 23 times more likely to crash while texting and driving.  This statistic is the motivating factor behind a national campaign to reduce distracted driving and the California Highway Patrol is instituting a zero-tolerance policy for texting and cell phone use.

Currently, a minimum cost of a cellphone ticket is $159 and other subsequent tickets may rise as high as $279.

The National Safety Council has found that more than 2 in 3 drivers last month reported talking on their cell phone while driving.  Another fact to consider is that approximately 9% of all drivers in the country are talking on their phone at any given moment during the day, according to the National High Traffic Safety Administration.

So, what does this mean for you?  Well, it means that the CHP, the Los Angeles Police Department and other local law enforcement agencies will be looking for distracted drivers and will be issuing tickets to persons they see texting, emailing, Facebooking, and Twittering.  They will be riding up next to you, looking through your windows and issuing tickets for any slight violation.  Traffic officers take these violations very seriously as distracted driving is one of the leading causes of traffic accidents and injuries.

If you have been issued a ticket for cell phone use, texting, speeding or any other moving violation, it is important to contact attorney Ross Erlich and discuss what options are available avoid a point on your license, possible license suspension or an increase of your insurance premiums.  Keep in mind that just because you were issued a traffic ticket doesn’t mean you have to plead guilty and pay the fine.  Attorney Ross Erlich can fight to get the ticket dismissed or get the fines greatly reduced and handles all tickets in Metro Court, Van Nuys, Chatsworth and Beverly Hills.

 

Contact Attorney Ross Erlich today for a free consultation.

You know the feeling: you’re driving a little too fast, maybe late for an appointment or work and all of the sudden you see those dreaded red and blue lights in your rear-view mirror. The Los Angeles Police officer or California Highway Patrolman approaches your car and, while you both may know why you are stopped, proceeds to ask if you know why he or she stopped you.

Speeding tickets are, well, sometimes just a part of life. They can be a costly violation; average fines for speeding violation after assessments total close to $500 plus $64 for a traffic school fee and then the cost of traffic school itself. If you were driving 100mph or above, there is also the possibility of higher fines, 2 points on your license and a DMV negligent operator license suspension hearing.

The same holds true for other traffic violations – they add up quickly. Failures to appear, civil assessments and other multiple citations can make what first appeared to be a simple fix-it ticket turn into a several hundred dollar headache.

In the Metropolitan Los Angeles area, most traffic tickets are handled out of the Metropolitan Courthouse.  Other high volume traffic courts are the Santa Monica Courthouse, Van Nuys Courthouse and Beverly Hills Courthouse.  Attorney Ross Erlich has handled numerous speeding and other traffic violations in these courthouses with a high success rate. Attorney Ross Erlich knows that speeding tickets and other point violations can negatively impact your auto insurance rates and that there are other ways at resolving these traffic matters that do not carry a point violation.

If you or someone you know has been cited for speeding, driving without a license, driving on a suspended license, failure to have insurance, registration or any other traffic violation, contact Attorney Ross Erlich at (323) 222-4529.


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