Recent Blog Posts in October 2010

If you or someone you know is being charged with a DUI call our office today to set up a free face-to-face consultation with one of our DUI attorneys. The penalties involved with a DUI can be very serious and it is important to have an experience DUI attorney on your side. At the Hedding Law firm we have a combined 75 years of experience and have been successful in dozens of cases like these.

A suspected drunken driver was arrested after hitting and killing a 23-year-old motorcyclist with his pickup truck. The Downy Police Department reported that the driver of the GMC pickup ran a red light and his vehicle collided with the motorcycle. According to police, the driver of the pickup was not injured, and was booked on suspicion of felony drunken driving.

Under California Penal Code 191.5 (a), gross vehicular manslaughter is the unintentional and unlawful killing of a human being, in the driving of a vehicle while intoxicated, where the killing was either the direct result of the charge of an unlawful act, not amounting to a felony, and with gross negligence, or the immediate result of the charge of a lawful act that might produce death, in an unlawful manner, and with gross negligence.

If you or someone you know is facing a DUI with a vehicular manslaughter charge, you will need an experienced and qualified attorney on your side. The DUI attorneys at the Hedding Law firm have a combined 75 years of experience, and have been successful in many DUI cases. Call our office today to set up a free face-to-face consultation. We will listen to all the facts surrounding your unique case and devise a proper plan of action.

Former major league pitcher, Matt Keough, pleaded guilty in July to a felony DUI and was sent  to a 90-day diagnostic program at the California Institution for Men in Chino, so psychiatric experts could evaluate him to see if he was eligible for probation. Keough could learn today whether he will be facing jail time or not. Orange County Superior Court Judge Derek Johnson could decide to either sentence him to probation or 16 months to three years in prison.

Keough was supposed to enter a guilty plea in July, but the judge said Keough was too drunk and told him to report back to court another day. He still smelled of alcohol when he reported back to court, but was sober enough to enter the plea.

Keough's run-ins with the law date back to 2005, all alcohol related. His attorney, Harley, claims that Keough's problems sprung from a hit in the head with a foul ball in 1992 during spring training. "He's been a basket case ever since then," Harley said. "He's just a pathetic person." Harley does not have any medical proof or evaluations that being hit by the ball is what has led to Keough's problems, but the attorney did make a point that his family cites the accident as the onset of all these issues.  

Officials of the probation department have evaluated psychologists reports and made a recommendation to the judge. Harley will get a chance to see the recommendation today. If it appears that judge Johnson will sentence Keough to more time in prison, Harley said he will ask for the sentencing to be continued so he can prepare his legal arguments to request the lower term of 16 months.

A DUI conviction can have a serious impact on your life and on the lives of those around you. If you or someone you know is facing DUI charges, call our office today. The DUI attorneys at the Hedding Law Firm have handled hundreds of DUI/DWI cases over the years and we know the appropriate steps to take to assist you in making the right decisions.

According to Dr. James F. Holmes of UC Davis School of Medicine, among those admitted to the ER with a blood alcohol level above the legal limit "the conviction rate is 59 percent." Holmes and his colleagues looked at data from a large California hospital of 241 drivers who'd been admitted to the ER in 2007. These drivers were admitted with a blood alcohol level above 80 milligrams per deciliter, the state's legal limit. Of those patients, the sickest and those with alcohol levels below 200 were less likely to end up with a guilty sentence.

According to the DMV records, surprisingly the investigating police officers believed 11 percent of the drunk drivers were characterized as having "not been drinking." The ER blood samples showed an average alcohol level of 172 milligrams per deciliter. "Those guys were over the legal limit, although the officers said they hadn't been drinking, and they didn't get a DUI," said Holmes.

It wasn't necessarily out of negligence that these police officers did not report the drivers as DUI. Doctors are prevented from giving out patient information by the Health Insurance Portability and Accountability Act (HIPAA), this includes blood alcohol levels. Police often have to wait around at the hospital until the patient has been treated before they can do further investigation. During this time the patient is breaking down alcohol at a steady pace. Although it is possible to estimate the original levels given the elapsed time, it isn't often done. This could explain why the legally recorded blood alcohol levels average some 50 milligrams lower than the hospital's test results.  Officers can require a blood test even if a suspected drunk driver refuses, but they only request them if there are signs of intoxication.

 "There is a push among some of the injury prevention researchers at our institution to basically get a state law that would require the (emergency department) physician to report to the police that they have an intoxicated driver," Holmes said.Skeptics worry that such a law might scare injured drivers away from seeking medical attention after an accident.

If you or someone you know is being charged for DUI, call us today to schedule a free face-to-face consultation. The Los Angeles DUI attorneys at the Hedding Law Firm have a combined 75 years of experience. We will collect all the facts and information related to your case and devise a proper plan of action for your unique case.