A Training Class, As Opposed to Jail Time

Every generation finds an iconic author who writes stories about everyday people to whom the public can relate. From the 1820's to the late 1960's The Saturday Evening Post served this purpose. As television became more a part of our lives people would often remark "there was an I Love Lucy episode about this!" Since the 1989 it has not been unusual to hear people say "Wasn't there a Seinfeld episode about this?"

In 1992 episode 20 of Seinfeld's third season was titled "The Good Samaritan". You might remember this episode. According to Wikipedia the basic plot is "Jerry witnesses a hit-and-run driver hitting another car. He is on the car phone with Elaine at the time, who tells him he has to go after the driver. He does, but when the driver steps out he realizes that she is a beautiful woman (played by Melinda McGraw) and decides to date her."

Today's post isn't really about comedy, it is about being charged with a hit and run, but on occasion comedy is the best teacher. Moliere, the17th century French playwright, once said: "The duty of comedy is to correct men by amusing them."

The truth is every hit and run is serious, not amusing. It is an offense that is not to be taken lightly. It never is by those on the receiving end of the act. While the justice system also serves to correct men and women, it does not do this by amusing them. But the justice system on occasion corrects men and women by offering a training class, as opposed to jail time.

Here is one client's experience:

"I was charged with hit and run (Vehicle Code Section 20002) for striking a vehicle and leaving the scene. I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the courts and the district attorneys in Orange County. In the end Mr. Bruzzo was able to negotiate a disposition where the District Attorney agreed to DISMISS THE CASE after I took a class. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record as it would greatly affect my teaching career. I would enthusiastically recommend Mr. Bruzzo for any criminal matter." ~ EH, 1/21/2010

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

Enjoy a clip from the Seinfeld's "The Good Samaritan" episode

Tornado Warning in Orange County

Tuesday, January 19, 2010, the National Weather Service gave out a tornado warning for Orange County as thunderstorms headed in that direction. Several vehicle incidents were reported due to the severe weather conditions. Winds flipped over a car in Huntington Beach in Orange County and deputies had to push a stalled BMW SUV out of the water on the highway. Just south of Riverside County, road crews scraped mud off the roadway thereby closing Ortega Highway. Mud and debris were also blocking lanes at Trabuco Canyon Road. Indeed, drivers have some challenging conditions to deal with in this torrential downpour. Notably, drivers must modify their driving practices to reflect all driving conditions to include weather. Reckless driving (Vehicle Code Section 23103) can be a violation drivers get cited for in such weather conditions. Persons may be charged if driving in a "willful or wanton disregard for the safety of persons or property." Punishment can be up to 90 days in jail, in addition to a maximum fine of $1,000. Drivers should take necessary precautions and drive according to road conditions in addition to posted speed limits.

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

OCregister.com presents this video about Orange County's Tuesday stormy weather:

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