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Copyright: Copyright 2008
  Thu, 24 Jul 2008 23:09:16 +0200

A new website now provides the most comprehensive information on Nevada DUI law and the process of fighting a Las Vegas DUI charge: www.las-vegas-dui-defense.com.

Among the site’s features:

20 Strategies for Beating a Las Vegas DUI . Discusses a variety of drunk driving defenses, from improper traffic stops to failure to give Miranda Warnings to GERD and mouth alcohol contaminating the breath test device.

What to Do Following a Nevada DUI Arrest . Explains 10 critical steps a person should take after being arrested on a Las Vegas DUI charge. The authors suggest immediately making an itinerary of what the driver ate and drank leading up to the DUI arrest, and gathering receipts and other documentation.

Nevada DUI Law . Explanation of the Nevada DUI statute, and the three bases on which a person could be convicted of drunk driving in that state.

Out of State Residents with a Nevada DUI. A good portion of DUI arrests in Las Vegas are of tourists, conventioneers and other visitors. Advises non-residents of how to contest a Las Vegas DUI charge without having to return to the city.

Nevada DUI Penalties . Outlines penalties for first, second and third offense drunk driving convictions in Nevada.

Nevada DUI Internet Resources . Listing of websites on Nevada DUI schools, traffic schools, courts and police agencies.

Former Deputy Long Beach City Prosecutor Shannon Wiezorek has joined Southern California DUI Defense, one of the area’s preeminent DUI law firms. Ms. Wiezorek will be representing clients with Orange County DUI cases, Long Beach DUI cases, and clients accused of drunk driving throughout South Los Angeles and the South Bay.

Ms. Wiezorek spent several years as a Long Beach prosecutor, where she tried some 24 jury trials, including DUI and vehicular manslaughter cases, and prosecuted over a thousand misdemeanor DUI cases. She later served as a deputy district attorney for the county of Los Angeles. She was awarded the prestigious “Prosecutor of the Year” award in 2005.

The addition of Ms. Wiezorek goes along with the law firm’s strategy of using former prosecutors and former police officers to investigate and defend 23152 VC DUI and driving-related cases. The idea is, in defending DUI cases, to take advantage of the experience, knowledge and perspective gained from a law enforcement background.


A San Diego man accused of leading police on a wild-goose chase that ended up in a jump off of San Diego’s largest bridge and the death of a police dog will face trial, authorities have confirmed. Among other things, Cory Byron is charged with evading officers, DUI, and harming a police animal. The chase, which took place on New Year’s Eve, traversed the streets of San Diego before culminating in a jump off of the Coronado Bridge while a police dog was gripping Byron’s arm. The dog died; Byron sustained a collapsed lung and other injuries and was rescued by Harbor Police after his plunge into the San Diego Bay.

Byron, who has previous DUI convictions, will face a complex criminal case that spans several areas of law. His case will hinge on whether he was aware that he was sending Stryker, the police dog, to his death, and will be complicated by the relative lack of legal precedent in similar cases. Though the incident lasted just a few seconds, it could forever affect Byron’s future: he will face four years and four months in state prison if he is convicted at his upcoming trial.

  Mon, 14 Apr 2008 21:41:01 +0200

She’s just the latest in a string of starlets facing trouble with the law after driving under the influence. Now Mischa Barton, a young actress who performed on the popular teen soap “The O.C.,” has pleaded no contest to driving under the influence (DUI) after a December pullover. Barton, who is 22 years old, attracted the attention of an officer after straddling lanes and failing to use her turn signal. Baron pleaded no contest to both DUI and driving without a license. Barton will now begin three years of probation for her crime.

Contrary to popular belief, a “no contest” plea is not the same as a guilty plea. Rather, a no contest plea means that the defendant in a case neither contests nor claims guilt for the charges at hand. Generally, no contest pleas are associated with a plea bargain. It is safe to assume that Barton’s high-powered attorneys brokered a plea deal with the court, obtaining probation instead of revoking her license. Though a no contest plea can have its advantages, it could backfire if a DUI case is brought to civil court, since it is often interpreted as a guilty plea by civil juries.

  Tue, 08 Apr 2008 21:33:56 +0200

A Palm Springs man could be on the hook for more than just felony DUI – his ill-fated driving spree cost 1,000 Southern California Edison customers their power when he crashed his Mustang into a power pole. Though Noel Hernandez Montes has not yet been convicted of felony DUI, he was suspected of driving under the influence when his car rolled over, downing a power pole and several power lines. Montes did not injure any other drivers during his wild ride, but he did get himself into a whole lot of legal trouble.

If convicted, Montes could face criminal and civil charges related to the DUI and the outage. In addition for being responsible for repair costs for the power poles and lines, he could face penalties for the outage and any problems it may have caused for power customers. This is just one example of a situation in which a seemingly straightforward DUI case can get complicated. One can only hope that Montes has obtained an experienced California DUI attorney to help construct a legal case designed to safeguard his rights, his freedom, and his money.

Every DUI case is different and involves different circumstances, parties, and legal elements. Montes could have to deal with insurers, representatives of the power company, attorneys for affected parties, and the law. This highlights the importance of the right California DUI lawyer to negotiate between parties and keep you out of jail. Handled properly, DUI penalties can be significantly reduced, protecting your license and keeping you out of jail. Neil Shouse & Associates has DUI lawyers who are experienced, aggressive, and sympathetic towards our satisfied clients. Why go it alone when you could face jail time, loss of license, and heavy fines? Turn to Neil Shouse & Associates instead. Fight your DUI accusation with confidence – call Neil Shouse & Associates today for a free, confidential case consultation.

A South Bay DUI crackdown resulted in 20 percent more DUI arrests, reports the Mercury News. In 2006, 716 arrests were made of drivers suspected to be operating their vehicles while under the influence of alcohol and drugs; the figure rose to 859 between December 14 and January 1. The California Highway Patrol’s holiday crackdown put large numbers of officers on the roads, with 80 percent of the Patrol’s officers deployed along with “roving DUI units” designed to track down potential DUIs.

Among Bay Area law enforcement, San Jose police led the arrest count, with Palo Alto and Morgan Hill police departments following closely behind. Unfortunately, there was one alcohol-related death on the road during the crackdown period when Palo Alto man Enrique Tejada died during a Christmas Eve wreck. However, this number is smaller than in 2006, which saw four DUI-related deaths during the enforcement period.

Increased enforcement during holiday periods is no anomaly to California residents, who are used to hiked-up patrols at times when holiday parties and irresponsible drinking often drive accidents and DUI-related deaths. However, the increased action on the part of CHP and local law enforcement reflect a broader attempt to crack down on California DUI cases. And California’s own DUI laws are among the toughest in the nation, requiring mandatory jail time, increasing in severity with every offense, and endangering convicted DUI drivers’ careers and reputations.

If you’ve been accused of a California DUI, act immediately to protect your rights and your license. Call Neil Shouse & Associates today. Our experienced and aggressive attorneys know what it takes to free you from all DUI charges, negotiate repeat charges, and work within the often-confusing California DUI system. We’re committed to protecting the freedom and personal rights of each and every DUI client. Call today – a phone consultation is free and confidential.

Patrick Valenzuela, a prominent horse racing jockey and the youngest jockey ever to win the Santa Anita Derby, has had his racing license revoked after a recent DUI arrest. The California Horse Racing Board revoked his license after the arrest and reported that it did so because the conditional racing license it had issued was only issued on condition of Valenzuela abstaining from alcohol altogether.

Valenzuela’s history of drug abuse and other substance issues led to the conditional license, which also requires random drug testing. He has already been suspended eight times in connection with drug abuse. Valenzuela’s DUI arrest took place on December 20 in Upland, California.

The Valenzuela arrest and license suspension highlights an often-overlooked consequence of DUI arrests – their affect on a person’s day-to-day activities such as job and community reputation. Though Valenzuela’s DUI was not yet proven, his mere arrest was enough to give the California Horse Racing Board pause. The “zero-tolerance” attitude of many employers and professional organizations towards DUI gives those accused an even stronger motivation to seek a watertight DUI defense or, at the very least, a lawyer who can protect their personal rights as they navigate the often-confusing world of California DUI law.

A good California DUI lawyer can help you keep your license and keep you out of jail. They have access to expert witnesses who can disprove or call into question official “evidence” and can conduct a thorough investigation into the particulars of your case. And they know the system well enough to understand its main players and its particular ins and outs. The experienced attorneys at Neil Shouse & Associates are aggressive in the courtroom and sympathetic to your side of the story. We’re committed to keeping our clients on the road and out of jail. Have you been arrested on suspected DUI? Act now – don’t approach your DUI hearing by yourself. Call today for a completely free and totally confidential phone consultation.

  Sun, 27 Jan 2008 17:00:00 +0100

John Joseph Taskey, aged 46, has pleaded not guilty of second-degree murder, gross vehicular manslaughter, driving under the influence of alcohol and causing injury, and driving under the influence with prior DUI convictions. His trial will begin April 10 in San Diego Superior Court. Taskey, who has five prior DUI convictions and served time in state prison for the last offense, was on parole when he allegedly struck and killed 76-year-old Rosa Degerman with his truck. The Deputy District Attorney states that Taskey’s blood alcohol content (BAC) was 0.10 at the time of the injury – two percentage points higher than the legal state limit of 0.08.

Taskey is in jail on $1 million bail and will await trial for second-degree murder. The severity of his accusations highlights an unfortunate complication of DUI arrests that are related to car accidents causing injury or death. Criminal charges like the murder and vehicular manslaughter accusations can be added on to the DUI charge, complicating the underlying DUI case and presenting a whole range of issues to the defendant and his or her legal team. In a case such as Taskey’s, it is unlikely that a jury will respond favorably to a man already showing a long-term track record of DUI offenses. However, the right DUI lawyer could get some or all charges dismissed on procedural issues, help uncover evidence that exonerates Taskey, and/or engage in plea bargaining with the District Attorney to lessen the severity of any required jail time or other punishment.

Due to the many ins and outs of California’s legal system, it is never a good idea to “go it alone” when it comes to DUI accusations. Even if you are being accused of your first DUI, the way in which you handle your first offense could affect your freedom and treatment down the road. That’s why it’s so important to find the right California DUI defense attorney to take up your case. The lawyers at Neil Shouse & Associates aren’t just experienced – they’re committed to preserving the freedom and personal rights of each and every client. Contact us today for a free, confidential phone consultation.

Actress Michelle Rodriguez has been released from Lynchwood County Jail in California after serving only 18 of 180 sentenced days. Her release was due to overcrowded conditions at the jail, which allows female inmates who have not proven themselves to be violent to serve as little as ten percent of their sentence before release. This is not the first DUI-related jail stay for Lost star Rodriguez, whose well-publicized brush with the law landed her in another California jail in 2006. Rodriguez has also served a probation term after driving with a suspended license and pleading no contest to a DUI in 2003.

Rodriguez’ release is not uncommon for those sent to jail on repeat-offender DUI charges. California’s jails are notoriously overcrowded, and many have a program that releases non-violent offenders who have served part of their term on good behavior. However light the jail’s treatment of Rodriguez’ DUI, however, in general California DUIs are punished severely. In fact, the state of California requires that jail time be served for certain DUI offenses. Even a first-offense DUI will rack up a required 48-hour jail sentence, while second offenses require a minimum of 96 hours served. Third-time offenders will face 120 required days of jail, though many counties punish a third offense with up to a year in jail. A fourth-time offender is subject to a felony conviction, which can affect a DUI offender’s ability to work.

Jail time, probation, loss of license and hiked-up insurance rates are harsh realities for those convicted of a California DUI. You may be confused, angry and worried when you get accused of a DUI, but you must not waffle when it comes to addressing the charges laid against you. You have only a limited amount of time in which to obtain competent and aggressive legal counsel to help defend you against DUI charges. Neil Shouse & Associates are committed to helping clients overcome DUI charges. Have you been charged with a California DUI? Call us today for a free consultation.

  Mon, 21 Jan 2008 17:00:00 +0100

Recent reports indicate that the California Highway Patrol will ramp up patrol efforts along the I-15 corridor in an attempt to get a handle on drunk drivers, speeders, and those who fail to properly use seat belts and proper restraints while driving. The crackdown effort will focus on the I-15 corridor that stretches from Nevada to northern Riverside County and will involve speed traps, increased police activity and even air patrols.

According to a recent report by the San Diego Union-Tribune, there were over 130 deaths and nearly 7,000 accidents on that very stretch of I-15 in a single year. The injury, death and property damage toll has prompted the CHP to take action, cracking down on irresponsible drivers. Approximately 18,000 vehicles are thought to take the route daily.

Though the CHP’s action is expected to last only for two days, it is indicative of increasing concern on unsafe driving and DUI behavior on California’s roads. As you may know, California has one of the most draconian sets of DUI laws in the country, and takes both speeding and driving under the influence very seriously.

Possible consequences of a DUI conviction can include losing your license, spending time in jail, facing expensive fines and insurance rate hikes, and newspaper and press exposure that can sully your reputation and make it hard to find a job or do business in your town. The DUI hearing that occurs after your arrest is the most important legal appearance you’ll make in your California DUI case, and it pays to have an experienced California DUI lawyer by your side as you appear before the DMV.

Neil Shouse & Associates is committed to freedom and civil rights for its DUI clients. We know what it takes to fight and win your DUI case. Call today for a free consultation.

Lieutenant Deborah Pierce, a California Highway Patrol officer working for the Bakersfield division, was pulled over and arrested on drunk driving charges while driving on Highway 99. The officer, who wrecked her car, did not hurt any others while on the road. News reports state that she will face misdemeanor DUI charges. There is no word yet on whether Pierce, who has served with the CHP for over 17 years, will be stripped of her CHP position.

Pierce isn’t the only Highway Patrol officer who has faced legal heat for driving under the influence in recent years. In late 2006, a high-ranking Division Assistant Chief was arrested on DUI charges. He had been a long-time advocate of DUI education and ending California drunk driving. Maples was given administrative leave after his arrest.

Unfortunately, California’s Highway Patrol is no stranger to questionable behavior by high-ranking officials. But Pierce’s pullover goes to show that nobody is exempt from California’s hard-hitting DUI laws. Though administrative leave or loss of job is a real possibility for Pierce, that’s just the tip of the iceberg for how a DUI can affect your long- and short-term prospects.

Not only does a DUI endanger your freedom by potentially costing you your license, but it can cost you over time by adding a mark to your permanent record, raising insurance rates, costing money in penalties and fines, and even requiring imprisonment. That’s why it’s so important to consult with an experienced DUI attorney as soon as you’re charged with DUI. The right DUI lawyer knows the system and can defend you capably and aggressively.

Neil Shouse & Associates have what it takes to defend your DUI. Interested in a free consultation? Time is of the essence. Call us today for more information on how we can preserve your right to drive and get you out of a sticky DUI situation.

  Wed, 16 Jan 2008 00:46:19 +0100

A California teenager was arrested for DUI three times in less than two weeks. Police in the San Francisco suburb of Morgan Hill say 19 year old Anthony Maher was arrested three times in eleven days for driving under the influence.

For two of the arrests, investigators say his blood alcohol level was more than twice the legal limit. The California DMV will suspend Maher’s license for one year.

For underage drivers charged with DUI, a different set of laws concerning license suspension apply. The DMV ramifications are even harsher than those for a legal adult. If an underage driver tests at a 0.1% or more on any test, whether in the field or police station, he can lose his license for one year.

In addition, a 1-year suspension for anyone under 21 years of age who refuses to take a preliminary screening test, meaning a field test, will apply. For these drivers, a DUI conviction will be considered as a first DUI, if others occurred within the following 10-year period.

  Tue, 13 Nov 2007 20:36:40 +0100

Having successfully completed an intensive seminar about field sobriety tests, where I, as a los angeles criminal defense attorney, acted as a cadet in the police academy, learning how to administer the tests; I now have a very different viewpoint of these tests.

Having learned how to administer and take the tests, I now have first hand knowledge as to how many possible ways these tests can be viewed, how potentially difficult they are to do completely sober, and how the officer may not always be correct or precise in his evaluation of them.

Bottom line, they are not always a correct indicator as to the legal level of intoxication, and to whether the person is really DUI.

A 40-year veteran officer of the Los Angeles Sheriff’s Department is facing misdemeanor drunk driving charges. According to an article in The Los Angeles Times , Michael Aranda, a 62-year-old division chief was arrested the night of June 12 on the 14 Freeway on suspicion of driving his county-issued car while under the influence of alcohol and while he was off-duty.

Aranda, who supervised the sheriff’s department’s crime lab and computer systems, was put on paid administrative leave two weeks ago after that freeway incident when 911 callers reported that Aranda was driving the county issued Chevy Impala erratically. Many sheriff’s executives are issued a car by the county for the purpose of driving to and from work. The Times article states that Sheriff Lee Baca ordered him to be placed on administrative leave after finding out that the Department of Motor Vehicles had suspended the deputy’s driver’s license. Aranda himself has agreed to submit his resignation and will get paid until Oct. 16.

This investigation reportedly took more than three months to be completed. Still police and the district attorney’s office have declined to reveal the officer’s blood alcohol content. The Times article also states that Aranda was arrested because he “appeared intoxicated” when officers stopped him.

This story is a clear example of how a drunk driving arrest can have an immediate and direct impact on your career. All these events – suspension of driver’s license, being put on administrative leave – occurred even before this officer was convicted of the DUI. That’s why it’s vital for anyone who has been arrested on suspicion of drunk driving to immediately contact an experienced California DUI attorney, who not only has a thorough knowledge of the law, but one who can represent you in a DMV hearing. The outcome of that hearing will determine whether you get to keep your driving license or not.

Every step you take and every decision you make in a DUI case can affect your future. Don’t make these decisions alone. If you or a loved one is facing a DUI charge, call a Southern California Drunk Driving attorney immediately to schedule an appointment to discuss your case.

Prosecutors in Cook County, Chicago, are looking into whether an officer hailed as “top cop” for making a record number of DUI arrests, followed the correct procedure in administering field sobriety tests or Breathalyzer tests. According to a news report in the Chicago Tribune prosecutors dropped 50 misdemeanor cases stemming from arrests made by Officer John Haleas. About 500 more cases are under review, the article said.

The investigation began after two prosecutors in training rode along with the officer in April 2005. Not only did they see that Haleas did not give the man he stopped on suspicion of a DUI a field sobriety test, but also he did not make the man aware of his rights to decline a Breathalyzer test. Officers are also mandated by law to observe a suspect for 20 continuous minutes before giving the exam, but Haleas did not do that either, the article said.

The police department reportedly conducted an internal investigation, found that there was misconduct on the part of the officer. He was penalized with a one-day suspension and reassignment to desk duty. The article also says Haleas made 718 arrests in 2005 and 2006, more than any other officer in the entire state of Illinois. He was a two-time winner of the “Top Cop” award from the Alliance Against Intoxicated Motorists. Now it seems prosecutors will drop not only hundreds of misdemeanor cases involving this officer, but also many felony cases that carry a harsher punishment.

As DUI defense attorneys, we know that this officer in Chicago is probably not the only one in the country who does not follow proper procedure in DUI arrests. Research by the National Highway Transportation Safety Authority (NHTSA) has shown that many police officers themselves don’t understand how to administer field sobriety tests. Breathalyzer exams are also highly questionable.

When a police officer does not follow proper procedure as in this case, not only are innocent people put in jail or penalized heavily, but people who are really guilty of drunk driving are going to be let off the hook because the officer’s credibility is in question.

If you or a loved one has been accused of a DUI, call a Southern California Drunk Driving defense attorney to discuss your legal options. We will make sure your side of the story is heard and help you fight your DUI charge.