Menu

Month: November 2018

DUI arrest after bicyclist killed in hit-and-run in the San Fernando Valley

Posted on by admin

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.

School Principal Charged With Murder After DUI Crash

Posted on by admin

An elementary school principal has been charged with DUI murder in connection with a head-on crash in Palmdale that killed a woman.  The suspect principal was ordered jailed in lieu of $2 million bail while awaiting arraignment next month.

The case is taking place at the Lancaster/Antelope Valley courthouse in LA County and the report alleges that the suspect was behind the wheel of her jeep when it veered into oncoming traffic and collided head-on with the victim’s car.

If convicted of this charge, the suspect faces a strike conviction and 15 years to life in state prison.

DUI causing death murder charges, or “Watson,” murder, is a way for prosecutors in California to prosecute someone who was DUI and caused a death with second-degree murder.  This occurs if the state can prove that the defendant was committed the offense with “implied malice.”  Implied malice, in plain English, means that the suspect does not need to intend to cause death, but acted with conscious disregard for human life.  Thus, if you deliberately get into your car while intoxicated, drive and end up causing a death, the driving while impaired can be interpreted as conscious disregard for human life.

Typically, “Watson” murders are charged only after someone has had a prior DUI conviction or has attended one of the statewide drinking and driving programs.

If you have been charged with a DUI causing a death or causing great bodily injury, it is important to contact a criminal defense attorney as soon as possible.  Attorney Ross Erlich handles DUIs in Los Angeles county, Ventura county, San Bernardino county, Orange county and in Riverside county.  Additionally, if the facts surrounding the incident look bad, there are some pre-court actions attorney Ross Erlich can share to help improve your case status at the first court appearance.

Remember, if you are convicted of a DUI in California, you are looking at possible jail time, fines, loss of driver’s license, community service, problems with employment and other obligations.

Contact Ross Erlich today for a free case consultation and to stop the DMV from suspending your license.

Posted in DUI

McDonald’s Manager Attacked Over Ketchup. Yes, Ketchup.

Posted on by admin

Police in Santa Ana are looking for a suspect in a violent attack on a McDonald’s manager after the suspect requested ketchup.

According to police, the suspect entered the back employee entrance of the restaurant and requested the ketchup.  When the manager told the suspect that she was not allowed in that employee area, the suspect started kicking, punching and choking the manager.  The surveillance footage of the incident shows the suspect banging the manager’s head against a soda machine with her hands around the manager’s neck.

Eventually a man appears from the back entrance and walks the suspect out of the McDonald’s.

The suspect is likely going to be facing assault and battery charges, as well as potential criminal threats and commercial burglary charges.  In additional to facing charges for violent felonies, this case has gotten a decent share of publicity locally and prosecutors know that news outlets, and the public, will be watching.  What does that mean?  Well, it means that they are likely going to want to make sure the suspect faces a stiff sentence and any effort to negotiate or get a lenient sentence will be met by fierce opposition.

Typically, assault and battery charges and even commercial burglary charges can be dealt with by either a civil compromise, a diversionary sentence, probation, or some reduction of charges.  Depending on the nature of the assault/battery, the monetary amount of items taken or the type of conduct that occurred, a skilled Los Angeles criminal defense attorney can help navigate a sentence that does not result in a conviction, a dismissal, suspension of criminal proceedings or other advantageous results.

If you or someone you know has been arrested in Los Angeles for assault, battery, making criminal threats or committing a commercial burglary, contact attorney Ross Erlich today for a free consultation.  Remember, don’t walk into court without someone speaking for you.

California Paying Inmates $1 An Hour To Fight Fires

Posted on by admin

With all of the fires that are, and were, devastating California these past couple weeks, it should be pointed out that thousands of the firefighters on the front lines are inmates in California prisons.  Many clients facing prison time often request that the trial court judge allow them to participate in fire camp.

The California Department of Corrections and Rehabilitation (CDCR) run a large volunteer fire program known as conservation “fire” camp.  Inmates are paid $2 a day and $1 a day when fighting an active fire.  They also, most importantly, earn time off of their sentences by participating in this program.  Each volunteer is evaluated individually to see if they are willing team members who demonstrate nonviolent behavior and are of “minimal custody” status.  There are additional steps that the jails take to evaluate inmate requests.

These inmates live in “conservation camps”, and, when there are no active fires, help to clear brush, storm drains/channels and maintain hiking and fire trails.  Today, CDCR, Cal Fire and the LA County Fire Department operate 43 adult conservation camps in 27 counties with over 3,400 inmates participating.  Many officials of the program cite the cost-savings to the state and the fact that inmates learn co-working skills, firefighting skills and rehabilitation.

If you or someone you know has been charged with a misdemeanor or felony in California and is interested in fire camp, contact attorney Ross Erlich today for a free case evaluation.  Attorney Ross Erlich handles all felony and misdemeanor crimes in Los Angeles, Orange, Ventura and San Bernardino counties.