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Month: July 2014

Teenager Killer, Brother Injured In North Hollywood Hit-And-Run

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A 17-year-old pedestrian was killed, and his brother seriously injured in a hit-and-run accident in North Hollywood that may have been the result of a street race.  LAPD Valley Traffic Division stated that it appeared the brothers were not in a crosswalk when they were struck.

Witnesses told the officers at the scene the suspect vehicle, which appeared to be racing another vehicle, fled the scene and got onto the freeway.

Being charged with a hit-and-run is a serious offense in Los Angeles County and something that local law enforcement agencies are taking more seriously as the number of incidents keep going up.  A conviction for a hit-and-run can result in up to 6 months in the County Jail and a $1,000 fine.  Additionally, there may be probation to the court for up to 3 years, victim restitution, court fines and 2 points on your driving record.

If you have been charged with hit-and-run in Southern California, it is important to talk to your attorney about the possibility of a civil compromise.  If the facts are appropriate, and your attorney can get the victim on board, a successful civil compromise will permanently suspend criminal proceedings against you and you can avoid a conviction, jail, probation andpoints on your license.

Being charged with street racing or speed contest is another, more serious, charge and can lead to greater penalties if convicted under that code.  Penalties for being convicted of “street racing” include a minimum of 24 hours in County Jail (and up to 90 days max), up to a $1,000 fine and 40 hours of mandatory community service.  In addition, the judge can order your drivers license suspended for anywhere between 90 days to 6 months.  If the race caused injury to another person other than you, the mandatory jail time goes up to 30 days and a minimum $500 fine.

If you have been arrested for, or charged with, hit-and-run or street racing in Los Angeles, contact attorney Ross Erlich immediately for a free consultation.  Ross Erlich has handled these matters in all courthouses in Southern California and has gotten these charges dismissed and reduced.  It is important to know your rights and not walk into court and simply plead guilty.  As this blog demonstrates – doing so may seriously impact your freedom and ability to operate a vehicle.

Los Angeles County Yields 414 DUI Arrests Over Holiday Weekend

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A task force consisting of combined Los Angeles County law enforcement agencies arrested 414 people on suspicion of DUI during the first 3 days of the Fourth of July weekend.  The arrests were made between 12:01 a.m. on Thursday and 11:59 p.m. on Sunday.

The arrests, while seemingly high in number, are actually down more than 15% compared to the same time period last year and are up by more than 22% statewide so far this year.  As is always the case, holiday weekends are times when the roads are heavily patrolled by law enforcement and are times when DUI task forces and special units are set up to make arrests.

If you have been arrested for a DUI, it is important not to simply wait until your court date to “figure things out.”  First and foremost; you must contact the DMV within 10 days from the date of arrest to request an Administrative Per Se hearing concerning your driving privilege and a stay on the suspension pending the outcome of that hearing. If you fail to do so, your license will be suspended automatically without any sort of hearing and without the ability for you to present evidence and cross-examine witnesses.

Aside from the potential license implications, a DUI conviction may lead to jail time, court fines, probation, community service, mandatory alcohol programs and other penalties.  For a more detailed explanation of the process, click here.

Many different factors can impact the outcome of your DUI arrest.  Some of these factors include: Blood Alcohol Concentration (BAC), nature of driving before being pulled over, health conditions, whether you had a valid driver’s license at the time of the arrest, what type of chemical test you submitted to and many others.

What is important to know if you are pulled over for suspicion of DUI is that you are under no obligation to answer any of the officer’s questions about where you were coming from, what you’ve had to drink, etc…  You are also not under any obligation to submit to the mobile PAS device (commonly known as “the breathalyzer”) and that you may elect to take a blood or breath test at the police station.

If you have been arrested or charged with a DUI in Los Angeles, Hollywood, West Hollywood, Beverly Hills, Santa Monica, Burbank, West Los Angeles or anywhere in Southern California, contact attorney Ross Erlich as soon as possible to get the process started.  Don’t be that person who waits until their court date to “figure things out” while your license has already been suspended for 6 months!

Posted in DUI

You’re Going To Need A Warrant For That, Officer

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The U.S. Supreme Court has ruled that Americans have a constitutional right to privacy in the personal information they carry on smartphones.  Thus, police may not search your smartphone without a warrant.

Chief Justice Roberts stated how modern cellphones contain the average American’s privacies of life and are not simply just a piece of technology.  Roberts continued by comparing smartphones to cameras, video players, calendars, tape recorders, diaries and the like.  All of these items would require a search warrant for law enforcement to search so the same should apply to the smartphone.

Now, law enforcement must convince a magistrate that they have probable cause to believe a crime is involved before they search a suspect’s smartphone and not just during the course of a routine arrest and search.

Prior to this Supreme Court decision, law enforcement agents would routinely search a suspect’s cellphone during an arrest without a warrant under the “search incident to arrest” exception.  The Court decided that this was no longer valid, as applied to cellphones, since the “search incident to arrest” exception has been traditionally limited to officer safety and to protect against destruction of evidence.

Law enforcement likes to search cellphones when there is a drug possession arrest, drug transportation arrest or possession for sales arrest in an attempt to find drug transaction text messages and/or contacts.  If you have been arrested for those charges, there are likely to be some search and seizure issues involved in your case.  For example, was there a search warrant?  Was a confidential informant used?  Was there a proper arrest?  Was type of surveillance, if any, was used?

If you or someone you know has been arrested for drug possession, possession for sales or drug transportation in Los Angeles, Torrance, Pasadena or anywhere else in Southern California, contact attorney Ross Erlich today.