Lindsay Lohan’s Deposition for 2nd DUI

May 06

Los Angeles LawyerPersonal Injury driving under the influence No Comments

The fame and fortune of living a Hollywood lifestyle is far from perfect – several celebrities have let the rock and roll lifestyle of being a star destroy their lives through alcohol, drugs and sex.

Lindsay Lohan arrested for DUI

"Lindsay Lohan arrested twice for DUI." (photo credit: hollywoodtoday.net)

Lindsay Lohan, who, years ago, was one of the most promising young actresses in Tinseltown, is a classic example of how excess can kill your career and saddle you with legal complications.

In 2007, she was arrested twice for driving under the influence (DUI). In one incident, she even suffered minor injuries when the car she was driving hit a curb.

Fast forward to 2010 and Lohan is now facing a lawsuit from three men who claimed that during her 2nd DUI arrest, she took their SUV and held them hostage to chase the mother of her former assistant after a party.

The men (who were Lohan’s passengers in 2007) are suing Lohan for allegedly endangering their lives in an alcohol-fueled wild ride down Pacific Coast Highway.

Unfortunately however, Lohan hasn’t seemed to clean up her act since then as she showed up late for the deposition. Apparently, the former teen queen was even out partying with her mother into the wee hours of the morning on the day of the deposition.

A deposition is a part of civil procedure wherein a testimony under oath is taken before the court. Lohan sat through 6 hours of deposition in order to answer the allegations in the civil complaint filed against her.

According to her lawyer, Ed McPherson, Lohan is anxious to go to trial so that she will be vindicated of the charges against her.

Previously, for her DUI offenses, the actress was sentenced to one day in jail (where she merely served 84 minutes) and was placed on a three year probation, as well as ordered to perform community service, get treatment for her addiction and attend an 18-month alcohol-education program.

A huge percentage of fatal car accidents involved driving under the influence. According to the Insurance Institute for Highway Safety, 35 percent of all fatally injured passenger vehicle drivers had 0.08 percent BAC or above. Further, it was estimated by the institute that 8,916 deaths could have been prevented had the drivers not been drunk at the time of the accident.

Under the law, aside from facing criminal charges for violating DUI laws, drunk drivers can also be held liable by their victims (whether it is their passenger, the driver of another car, pedestrian, etc.) for compensation. If convicted of DUI, they would have to pay for damages for the injuries or loss suffered by the victim.

Designated Driver in San Diego Arrested for DUI

Dec 15

Los Angeles LawyerPersonal Injury, Vehicle Accident driving under the influence No Comments

Like most social events, Christmas parties often create a scenario where wine and beer is often overflowing. After all, holidays are the perfect time to get in the spirit of revelry.

But for some people, a joyful Christmas party turns into a ride from hell as the decision to drink and drive took its heavy and terrible toll.

In San Diego, a man was recently killed over what the authorities believed to be an alcohol-induced crash.

The victim, who was driving a Volkswagen Passat, was driving through an intersection when an Infinity G35 rammed into it from behind.

The impact of the crash blew the gas tank of the VW and caused both cars to go up in flames.

The driver and the passenger of the Infinity were rescued by an employee of UCSD who witnessed the car crash. The driver of the VW, a man from Australia believed to be around the age of 30-40 years old, did not make it out of his car.

According to the police, the driver of the Infiniti, Michael Landri of San Diego was supposedly the designated driver of the vehicle as the passenger was heavily intoxicated.

The police however, arrested the designated driver on suspicion of driving under the influence and is now facing charges of gross vehicular manslaughter among others.

According to the National Highway Transportation Safety Administration, having a designated driver removes a lot of risks when it comes to impaired driving. People from parties and events can have a safe ride home even if they’re all boozed up as long as they have a designated driver.

But the effort to reduce the dangers of drunk driving through assigning a designated driver is futile if the designated driver is just as intoxicated as the passenger. The whole point of having a sober designated driver is moot and academic if the designated driver was someone who just less to drink than the rest.

If taking a cab ride home is not an option, it would be best to assign a designated driver early on, even before the party starts. That way, the person assigned will have the mindset and responsibility to keep sober throughout the festivities. Because nothing takes the joy out of the holidays more than a drunk driving death.

DUI Knows No Gender and No Age

Nov 20

Los Angeles LawyerDUI driving under the influence 1 Comment

While most female DUI arrests are commonly associated with Paris Hilton and Lindsay Lohan (the young party-hardy girl type), it is interesting to point out that a lot of women caught driving under the influence are older women, as in mothers and wives.

It seems that no one is too young or too old to be wise enough to not drink and drive.

In fact, in Northern Virginia, the 76-year-old wife of a United States Senator was recently charged with two misdemeanors of driving while under the influence and hit and run.

Republican Senator Richard Lugar of Indiana’s wife, Charlene Lugar was pulled over by an officer from the Fairfax County Police after seeing smoke coming out from under the hood of her car and the damage on the vehicle.

According to the police, the senator’s wife also hit a parked car and left the scene of the accident some two miles from where she was stopped.

The senator and his wife, in a statement said that were deeply sorry and embarrassed over the accident and that it was fortunate that no one got hurt.

A mother from New York was not a lucky as Senator Lugar’s wife. A few months ago, Diane Schuler killed herself, her daughter, her three and three other men in another car in a wrong-way crash.

She was described by family as a loving mother but at the time of the accident, the authorities have reported that she had a 0.19 blood-alcohol level and traces of marijuana in her system.

The DUI figures for female drivers are certainly alarming, not only are the numbers rising (in 2008, 21 percent of female drivers in fatal car accidents had BACs at or above 0.08 percent), the numbers cut across all ages.

While lady drivers aged 21-30 years old whose BACs ranged from 0.08 percent to 0.15 percent and above took the lion’s share for most fatal DUI crashes, the rest of the female age group also marked significant numbers.

It just goes to show, driving under the influence is a crime that can be committed by anyone, even by a 76-year old wife of a United States Senator.

“Drunk” Councilman Knocks Down Power of 300 Homes

Aug 06

Los Angeles LawyerDUI, Personal Injury driving under the influence No Comments

From driving under the influence to driving under and with influence.

A Westminster councilman, Andy Quach earned the ire of many of his residents when he lost control of his car, hit another vehicle with three occupants and slammed into a power pole which knocked out the power of more than 300 homes in his city.

The car Quach struck suffered minor damage but the three occupants were fortunately not injured. The police arrested Quach on suspicion of driving under the influence and while he did not submit to a breath test, he took a blood test.

Quach had previous traffic citations: two were dismissed and one he had to pay a fine of $25 for being found guilty of traveling at an unsafe speed for prevailing conditions.

The beleaguered councilor said that he will take full responsibility for the crash and that he was glad no one got hurt (although he did say that he got injured but didn’t elaborate). He explained that he came from dinner with friends and “nodded off.”

Regardless of the fact whether Quach was driving drunk or was sleepy or fatigued while driving, impaired driving is the main reasons for motor vehicle accidents .

Impaired driving, whether it is due to the influence of drugs or alcohol and driver fatigue can cause driving skills to drop even as the driver’s reaction time and concentration on the road gets lowered.

This is often fatal especially since operating a vehicle requires due diligence and skill to avoid accidents that would injure himself and other people.

One of the disgruntled residents remarked that he was disappointed in Quach as he was supposedly a public figure and should set an example. Likewise, he added that “Everyone should be treated equally and held accountable for his actions.”
Mayor Margie Rice commented that Quach made a terrible mistake but that he’s and that they need to accept it and go on from there.

In California, DUI first time convicted offenders are sentenced to no less than 96 hours of jail time and imposes a maximum limit of 6 months with a fine of $390 – $1,000.

Quach, whose blood test results have yet to be released is merely facing a misdemeanor charged. Now that’s an example of the influence of driving drunk.