Fatal Ferrari Crash

An 18-year-old driving a gray Ferrari crashed into a tow truck killing his passenger on December 24, 2009 in Newport Beach, Orange County, California. Luicci Nader, the driver, remains in critical condition and is unable to speak to authorities after having lost control of his vehicle due to excessive speed. No alcohol was involved in the accident; however, Nader still faces possible charges of manslaughter if he recovers.

Under California Penal Code Section 192, manslaughter is "he unlawful killing of a human being without malice." There are three types of manslaughter- 1) Voluntary, 2) Involuntary, and 3) Vehicular. The above case would most likely fall under the category of vehicular manslaughter as the driver was driving the vehicle while unlawfully speeding and it resulted in the death of his passenger. Because Nader was grossly negligent, he could be convicted for vehicular manslaughter and receive up to 6 years in prison.

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

This news video was provided by KTLA.com on the night of the accident.

 

DUI Arrests made at Checkpoints

A total of 17 arrests were made for suspicion of drunk driving at two checkpoints in Orange County in the city of Garden Grove over the weekend before Christmas. Police have impounded 38 vehicles for drunk driving to include drivers who were driving without a valid license.

California Vehicle Code 23152(a) [VC 23152 (a)] prohibits any person from driving under the influence of alcohol or drugs. Note that an amount of drugs is not specified so any amount of drugs or alcohol that impairs one driving as determined by the arresting officer and/or eventually a jury, can cause one to be convicted of that crime. Drugs can include prescription drugs taken as directed! This is distinct from California Vehicle Code 23152 (b) [VC 23152 (b)] which prohibits driving a vehicle with a blood alcohol level over 0.08. The driver must be at or over the legal limit for vehicle code section 23152 (b) to apply. Also, it only applies to drivers under the influence of alcohol. A first time DUI carries a maximum sentence of 6 months in jail and a $1500.00 fine; however, most first time DUI offenders do no jail time as long as there was no accident or other aggravating factor.

In order for a "stop" to be valid at a DUI checkpoint, the police must follow certain rules. If they fail to follow the rules the stop can be ruled invalid and the evidence collected excluded which can cause the case to be dismissed regardless of the blood alcohol level or other evidence. The Law Offices of William W. Bruzzo has substantial experience working with checkpoint/DUI cases.
California Vehicle Code Section 12500 (a) states: "A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code."

Driving without a valid driver's license in California is a "wobbler" - meaning, depending on the circumstances, prosecutors can charge this offense as a misdemeanor or infraction. The police can charge you with a violation of this vehicle code section for any of the following: (1) never obtaining a driver's license, (2) failing to renew your driver's license after expiring, (3) failing to obtain a California driver's license after establishing residency, or (4) being ineligible for a drivers license in this state (for example, being an illegal immigrant).

The main factor that prosecution looks at in deciding whether to charge you with a misdemeanor or an infraction is your driving record. If this is your first offense or if you subsequently obtain a valid driver's license, they may charge you only with the infraction or even go on to dismiss the case with the help of an experienced criminal defense attorney.

One can receive up to six months in jail for the above misdemeanor offense as well as informal probation for up to three years and a maximum fine of $1,000.

As the New Year Holiday begins, remember don't drink and drive, use a designated driver. Happy New Year!

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

Effects of Drinking and Driving and How You Can Avoid an Arrest or Causing an Accident

As the holidays are upon us now is a good time to consider the effects of drinking and driving and how you can avoid an arrest or causing an accident. My experience comes from 15 years of legal representation.

Even though the legal limit in California and many other states is a 0.08 blood-alcohol level most forensic toxicologist (folks who study the effect of alcohol on the body) will say that alcohol really starts to effect people at the 0.05 blood-alcohol level. Almost half of the legal limit! Under California Law even if you are under the 0.08 level you can still be prosecuted for driving under the influence if it can be shown that alcohol in your system impaired your driving. Some people can suffer physical impairment from alcohol at levels lower then other people. While it is important to know your limits it is much more important to count the number of drinks you have ingested over a particular time frame so nothing is left to chance. What follows is a general guide for deciding based on your weight, number of drinks and amount of time, whether you should drive.

First we have to start with ground rules: (1) a 12 ounce beer, a shot (normal size) and a 4 ounce glass of wine all have the same amount of alcohol and will effect you almost entirely the same; (2) every hour your body will burn off the equivalent of the alcohol in a 12 ounce beer, a shot or a 4 ounce glass of wine through the natural metabolism process of the body. That is, your body will naturally eliminate one of each of those amounts of alcohol about every hour. We get drunk when we drink in excess of what our body can eliminate in a given time frame.

The best way to illustrate how much we can drink is to use examples. Remember, these are approximations but they give a pretty good idea of when you may be intoxicated for driving.

(1) First subject: 110 lbs person (man or woman does not matter) drinks 2 twelve ounce beer starting at 7:00 p.m. and finish drinking both beers at 7:45 p.m. What is the person's blood alcohol level at 8:00 p.m.? If you weigh around 110 lbs every alcoholic beverage you ingest will peak at a blood alcohol level of about 0.03 when the beverage is fully absorbed and before elimination. So by 8:00 p.m. that first beer will have been fully absorbed and eliminated from the body, which will leave one beer still in the system and thus the person will have a blood alcohol level of about 0.03.

(2) Second subject: 190 lbs. person drinks 3 twelve ounce beers and 3 shots of tequila (6 drinks total) starting at 7:00 pm and finishing the last drink of alcohol at 7:45 p.m. What is the person's blood alcohol level at 8:00 pm? If you weigh 190 lbs one twelve ounce beer or shot will raise your blood alcohol about 0.02. So by 8:00 p.m. one of the drinks will have been eliminated which means there are still five drinks in the system which means the individual's blood alcohol level will be approximately .08-.10. This level is over the limit of course and many forensic toxicologists will say that driving may be impaired at 0.05. or about half that amount.

The elimination of alcohol varies from person to person so the rate for one person may differ slightly from another. Also, if you are unsure of how many drinks you have then waiting an hour before driving will eliminate one drink. Be safe out there!

Handheld Cell Phone Use Prohibited While Driving

Two months ago, I was cited in Orange County for using my cell phone while driving. I was written up for a violation of California Vehicle Code Section 23123 and given a court date on which to appear. This Vehicle Code Section went into effect on July 1, 2008.

This law prohibits the use of handheld cellular phones while driving. However, a handheld cellular phone can be used during an emergency, to call the police, fire department or other emergency services.

A violation of this section constitutes an infraction, which is a petty violation of the law and is less serious than a misdemeanor. It is punishable by a base fine of twenty dollars for a first offense and fifty dollars for each subsequent offense. However, with the addition of penalty assessments, the fines can be more than triple the base fine amount.

The conviction appears on one's DMV driving record; however, the violation is not added as a point and therefore does not affect insurance premiums.

Today was the court trial for my citation. After the officer's testimony and presentation of all the evidence, the judge ruled I was NOT GUILTY of the above offense. I was able to show the court that I was not talking while holding my Blackberry in my hand. I demonstrated how my phone is specifically designed and configured to allow hands-free listening and talking through Bluetooth. The law specifically allows for the use of one's phone if it's through a hands-free medium. Therefore, I fit the exception and walked out with a NOT GUILTY!