Hedding Law Firm

Category: DUI

What are the Best Defenses for DUI Causing Death Cases?

In California, a DUI causing death could be charged as a Penal Code 187 PC “Watson” murder, Penal Code 192(c) vehicular manslaughter, or Penal Code 192(b) involuntary manslaughter. For the past 30 years, I’ve been defending people who have been involved in accidents that have caused the death of other people, whether it be from driving while intoxicated on alcohol or some drug, or even a situation where they were speeding or driving recklessly and death resulted and the prosecutor charged the case as murder. These DUI deaths are very tragic for everybody involved.  Sometimes the prosecutors will even charge… Read More

How Does an Accident Impact a DUI Arrest?

I’ve done thousands of DUI cases over the last 30 years, and probably one of the worst things that can happen is that you are involved in an accident.  Of course, there’s a sliding scale on that. There are minor accidents involving nobody – just crashing to the curb or a light pole or some bushes or something like that, which is not that big deal. However, it does exacerbate the DUI under California Vehicle Code 23152 VC. Then, there are those situations where somebody is killed in an accident or seriously hurt, and you are being blamed.  You are… Read More

The Anatomy of a DMV Hearing Related to a California DUI

DMV hearings go hand in hand if you’re arrested for a DUI under California Vehicle Code 23152 VC in Los Angeles.  The DMV, the Department of Motor Vehicles, basically controls the person’s driver’s license, so they’re going to be the enforcement arm of the courts as it relates to the person’s license. So, when you go to criminal court, the judges very rarely get involved with anything with your license.  They may say that you have to comply with whatever the DMV orders, but they typically don’t start suspending people’s driver’s licenses because they allow the DMV to do that.… Read More

When is a DUI Murder in California?

Unfortunately, a segment of our population ends up getting prosecuted for murder and is facing the rest of its life in prison.  If you get a second-degree murder related to a DUI, you’re looking at 15 to life, and then you’ve got the added problem of after you serve 85% of 15 years, the parole board still has to let you out, and they don’t have to do it, so you could end up spending the rest of your life in prison. When we talk about when DUI is murder, we’re talking about politics to a degree, especially at the… Read More

Can a Driving Under the Influence Case Be Dismissed?

Of course, the answer to this question is yes, it can.  But, don’t be fooled by these attorneys who are claiming they can dismiss DUIs at will because most of the time, if you get arrested for a DUI, you’re going to have to deal with it.  It’s not just going to get dismissed. As you probably know, California, in particular, takes DUI charges very seriously. Politically speaking, Mothers Against Drunk Driving and other organizations, including the California Highway Patrol, have much political power related to DUIs. So, it boils down to whether the prosecutors can prove the case against… Read More

What If You’re Involved in a DUI and Someone is Killed?

This is an interesting question because you were driving under the influence, and death occurred; it doesn’t necessarily mean that you can be held responsible for the death. It gets into what we call in the legal field a causation issue.  In other words, are you the one that caused the death? Sometimes, you could be sitting at a red light, intoxicated, and someone rams you from the back and kills themselves.  That’s not going to be your fault, as long as you were doing everything lawful. They can’t blame the death on you because regardless of whether or not… Read More

What Happens if You’re Involved in a DUI Crash with Injuries?

These are probably some of the worst situations for DUIs in California because the biggest fear for police, prosecutors, and judges is that somebody will drink alcohol, drive, kill, or seriously injure somebody. Often, the people who are getting injured are within the vehicle of the driving person.  Even though they are their friends, prosecutors will charge them with a felony DUI if it’s a bad enough injury if they are seriously injured. If the injury is really bad, there can be what’s called a GBI or great bodily injury allegation. California Vehicle Code 23153 VC describes the crime of… Read More

How are Hit and Run Cases Investigated in Los Angeles?

This is good question because a lot of people get themselves involved in hit-and-run cases and they’re worried about what’s going to happen to them and there’s really not that many answers out there.  Obviously, it depends on the circumstances of your hit-and-run as far as how it’s going to be investigated. Hit and Run Causing Death Starting with the most serious hit-and-run cases where people are killed on the highway or there’s some horrible injury and the person either leaves their vehicle there or just drives away from the scene of the accident, if the police can get any… Read More

Drunk In Public – California Penal Code Section 647f

When it comes to the crime of drunk in public, people are being arrested and put into custody for basically, public intoxication which is the same thing as being drunk in public. A lot of times the people are just having the people dry out because they’re drunk, they’re causing problems, they’re picking fights, they’re ruing business establishments by being drunk and not allowing people to enjoy a restaurant or any other location, so the police will come in and grab them and that Penal Code Section 647f charge is one that they can use for public intoxication and say,… Read More

Penalties for Driving On A Suspended License In Los Angeles

Vehicle Code Section 14601.1 When it comes to driving on a suspended license, there’s all kinds of different penalties that can arise. You may have to deal with the DMV. When you would have gotten your license back, now that amount of time will be extended because you got extra points on your record. Also, one of the biggest questions when it comes to these driving on a suspended license cases in Los Angeles, has to do with why your license is suspended. It’s one thing if your license is suspended because of points. Driving on a Suspended License Laws… Read More

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