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Recent Blog Posts in October 2010

October 29, 2010
  The Do's and Don'ts Related to a DUI Stop
Posted By Admin
Thousands of people are pulled over or stopped at check points every month in Los Angeles County, because the police believe they are driving under the influence of alcohol. This guide discusses the "dos" and "don'ts" of your interaction with law enforcement.

"The Dos Related to a DUI Stop"

If you have no alcohol or illegal contraband in your system when the police pull you over, then cooperate with the police and you will be on your way quickly. If you are or may be under the influence of a controlled substance, then you should attempt to make your interaction with the police as brief as possible. You do not have to perform any field sobriety tests. If the police believe you are intoxicated and ask you to perform a blood or breath test, then you are obligated by law to cooperate with them. When the police pull you over for suspicion of DUI, they are looking to talk to you, so they can smell your breath and hear whether your speech is slurred. Again, make your comments quick and to the point. If you have drank anything, do not get behind the wheel. If you have consumed any alcohol, cooperated with the police, but be very matter of fact and as short as possible.

"The Don'ts Related to a DUI Stop"

Don't admit that you where drinking, or you will immediately be ordered out of your car and asked to perform the field sobriety tests. Don't refuse to complete a chemical test when asked to by the police. If you do, it will be considered a refusal - you will lose your license for 1 year and will be presumed guilty in a court of law. Do not think that you can talk your way out of the situation...you can't. The police (especially the CHP) are trained to build a case against you from the moment they see your car on the road. They are not your friend and are trying to build an air tight case against you. Again, be brief and cooperative and volunteer nothing.

Additional Resources

There is much information on the Internet regarding DUIs and there defense. However, much of it is not accurate or taken out of context. There is no substitute for sitting down with a seasoned DUI attorney that has practiced in the court your case is pending. If you have been charged with a DUI, contact the Hedding Law firm today to set up a free face-to-face consultation.

Continue reading "The Do's and Don'ts Related to a DUI Stop" »

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October 28, 2010
  Drunken Driver Crashes Into Patrol Car
Posted By Admin
California Highway Patrol officers Raliegh Quinones and Jeremy Tolen were parked behind an unoccupied, disabled SUV on the right shoulder of the freeway, when Lazaro Ramirez drove into the rear of the patrol car at about 65 mph with his full-size pickup truck. The collision caused the patrol car to run into the SUV and then onto oncoming traffic. The patrol car was struck a second time by a Toyota Highlander driven by Elizabeth Retiza. Retiza was unharmed. Ramirez was arrested on suspicion of driving under the influence of alcohol.

If you or someone you know is being charged with a DUI contact 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.

Continue reading "Drunken Driver Crashes Into Patrol Car" »

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October 25, 2010
  A Hit-and-Run Driver Struck and Killed a Bicyclist and Left the Scene
Posted By Admin
S.D. Witmansegal,44, was driving eastbound on Agoura road when she collided with James Laing, 46, who was riding a bicycle. Laing suffered fatal injuries and was pronounced dead at the scene. Witnesses followed Witmansegal to a nearby parking lot and informed authorities. She was detained by sheriffs deputies until CHP officers arrived. She was arrested on suspicion of driving under the influence, hit-and-run, and gross vehicular manslaughter.

If you or someone you know is facing DUI, hit-and-run, and/or vehicular manslaughter charges, you will need an experienced and qualified attorney on your side. The criminal defense attorneys at the Hedding Law Firm have a combined 75 years of experience, and have been successful in many of these types of cases. Contact 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.
Continue reading "A Hit-and-Run Driver Struck and Killed a Bicyclist and Left the Scene" »

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October 19, 2010
  Breath-Sensing Device Built into Car Key Might Decrease DUI Arrests and Accidents
Posted By Admin
A growing concern about drunk-driving has encouraged Saab to develop a device called the Alco-key. It is a mini alcohol sensing device that would be built into the car's key fob. Saab's spokesman, Kevin Smith, described how the device would be used. He said, "after you unlock your car, you then blow into the breath-sensing device in the end of the key and it reads the blood-alcohol content of your breath and determines whether or not you're fit to drive, based upon a pre-programmed threshold that is set into the system." The breath sample would pass down a small internal tube containing a semi-conductor sensor the size of a pin-head. The sample is then analyzed and either a small green or red light on the fob lights up.  If the red light lights up, the anti-theft engine immobilizer is active and the vehicle is not, and won't be until the time limit is past or if another non-drinking driver takes over.

Saab is running tests on the prototype to verify its reliability and accuracy. The software that controls the engine immobilizer can be adjusted to the blood-alcohol limits where the car is registered. The Alco-key would cost about $300 in commercial production. According to Kevin Smith, they do not know when the Alco-key may be ready for sale.

If you or someone you know has been charged with a DUIcontact our office today to set up a free face-to-face consultation. The DUI attorneys at the Hedding Law firm have a combined 75 years of experience and have been successful in many DUI cases.
Continue reading "Breath-Sensing Device Built into Car Key Might Decrease DUI Arrests and Accidents" »

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October 15, 2010
  DUI: Field Sobriety Tests Explained
Posted By Admin
When an officer suspects that a driver may be intoxicated, they may ask the driver to perform a series of voluntary tests. These tests are called field sobriety tests and they include exercises that test one's balance, motor skills, and lucidity.

Some sobriety tests are:

Stand on one foot at a time: An officer will probably be looking for raising of the arms, swaying, hopping, putting the foot down, inability to stand still, body tremors or muscle tension.

Follow the pen (a.k.a: Nystagmus):  An officer places an object, such as a pen, 12 inches away from the driver's face, and moves the object side to side while watching the driver's eyes. The officer will probably look for involuntary jerking or trembling of the eyeball.

The Rhomber Balance test: The driver is asked to tilt his or her head back, close his/her eyes and count 30 seconds silently. An officer will probably look for the inability to stand steady, body or eyelids shaking, opening eyes to maintain balannce, swaying or muscle tension. This also tests a person's "internal clock", which may be slowed with the use of alcohol, or sped up with the use of stimulants.

Walk and turn: The driver takes "heel-to-toe" steps in line then turns and takes the same number of  "heel-to-toe" steps back. The officer will probably check for whether the individual can balance, follow instructions, be coordinated, and start/stop when asked.

Finger to Nose: The driver closes one of his or her eyes, must stand straight with feet together and touch index finger to nose. The officer will probably look for body sway or tremors, eyelid tremors or muscle tension.

Other field sobriety tests are:
- Walk in a straight line
- Touch each finger, one after the other, to thumb
- Count backwards
- Recite or sing the alphabet

The purpose of field sobriety tests are to check an individual's motor skills and "divided attention," a critical skill used while operating a motor vehicle. A breath test is a chemical test to estimate the level of intoxication. Field sobriety tests are voluntary, but refusal to cooperate may result in an automatic arrest.

If you have been recently charged with a DUI offense and have more questions regarding your unique case, come see a DUI lawyer at the Hedding Law Firm. Experienced in their field, a hardworking DUI attorney will help you fight off the Los Angeles DUI and provide more information about your driver's license and driving privileges.

Continue reading "DUI: Field Sobriety Tests Explained" »

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October 14, 2010
  Man Driving Mower Arrested for DUI
Posted By Admin
John Phoshepny was arrested for a California DUI after he left the parking lot of a market and drove down th road. He was driving his mower and it was not equipped with lights. According to police, there was a bottle in a brown paper bag and his breath smelled of alcohol. Phoshepny also staggered and had slurred speech. He was booked on misdemeanor DUI. He has no prior California DUI arrests and he had a driver's license.

Any motorized vehicle and bicycles on public roadways are subject to California DUI laws, and their operators must have a valid driver's license and registration.

If you or someone you know is facing a DUI charge, do not hesitate to contact the Hedding Law Firm today at (818) 986-2092. Our Los Angeles criminal defense attorneys will meet with you personally and give you an honest assessment of your DUI case.
Continue reading "Man Driving Mower Arrested for DUI " »

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October 12, 2010
  The Border-to-Border DUI Initiative
Posted By Admin
According to the CA highway patrol there has been a decline in the number of traffic fatalities involving drunk driving. The total was calculated after a year long DUI and safety campaign. This is the 4th year in a row that the numbers have dropped. The Border-to-Border DUI Initiative was started in October of 2009, and was conducted by CHP who sought to reduce alcohol related deaths and injuries on state highways.

The success of the campaign was due to more than 50,000 hours of enforcement patrols, 240 sobriety checkpoints, and 100 California DUI task force operations. A total of 1,900 arrests were made for driving under the influence.

DUI conviction is a serious matter and can change your life instantly. It could affect your daily lifestyle, your career, your future, and your relationships. If you or someone you know has been charged with a Los Angeles DUI, call our office today and set up a free face-to-face consultation. The Los Angeles DUI attorneys at the Hedding Law Firm have a combined 75 years of experience and have been successful in many DUI cases. We will gather the facts surrounding your case, educate you on the court process and DMV process, and devise the appropriate plan of action for your unique case.
Continue reading "The Border-to-Border DUI Initiative " »

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October 08, 2010
  21 Year Old DUI Driver Sentenced for Killing Two Teenagers
Posted By Admin

Adam Mendoza, 21, has been sentenced to 15 years and 8 months in prison for a drunken driving crash that killed Izzy Raya,18, and Ralphy Naranjo,17. The families of the two victims were allowed to testify on Monday before Mendoza was sentenced. One of the victim's mothers brought his ashes to the trial and asked for justice.

 

According to prosecutors, Mendoza was drunk and high on methamphetamines when his SUV hit a light pole. The light pole fell on the SUV and crushed Raya and Naranjo, who were sitting in the back seat. A 17 year old girl was also in the car, she suffered serious injuries.

 

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.

Continue reading "21 Year Old DUI Driver Sentenced for Killing Two Teenagers" »

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October 05, 2010
  A 23-Year-Old Man Arrested on Suspicion of Assault with a Deadly Weapon and Felony Drunk Driving
Posted By Admin

A 23-year-old man, Juan Zermano, was arrested on suspicion of assault with a deadly weapon and felony drunk driving after he struck another man with his car outside a party. Police were called to a house party at about 1 a.m. after an argument broke out in the house and then moved outside.

According to police, one of the boys involved in the argument called his brother, Zermano, to pick him up. When Zermano drove away, he made a sudden U-turn, drove up on the curb and struck the victim. Police were already on scene to deal with the argument and were able to witness the assault. The victim was released from the hospital early Sunday with non life-threatening injuries.

California Penal Code 245(a)(1) defines assault with a deadly weapon as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. It is filed as either a misdemeanor or a felony depending on the circumstances.

If you or someone you know is being accused of assault with a deadly weapon along with felony DUI call our office today to set up a free face-to-face consultation with one of our Los Angeles DUI criminal defense attorneys. The penalties involved with a DUI causing injury can be very serious and it is important to have an experienced 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.

Continue reading "A 23-Year-Old Man Arrested on Suspicion of Assault with a Deadly Weapon and Felony Drunk Driving" »

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October 05, 2010
  Top 10 Reasons to Hire Ronald Hedding Law Firm
Posted By Ray Galan

You need to hire an attorney if you were charged with DUI in Los Angeles.  The experience a DUI lawyer brings is second to none.  Don't play with your freedom.  No other Los Angeles DUI attorney has the same level of mastery in the field as Ronald Hedding.  Whether this is your first or second offense, it is imperative that you reach out to the best DUI attorney you can find.

Why settle for second best? You need an attorney with trial experience.  This is the only way to avoid unnecessary jail time, fines, and penalties.  Too many people make the mistake of never hiring a DUI attorney in hopes of saving money.  The fact is, however, this could be a very expensive mistake in the long run as they soon experience harsh sentencing, heavy fines, and Administrative License Suspension penalties.

You need an experienced DUI lawyer that will know what facts must be presented during law enforcement or witness testimony.  This is the best way to challenge your charges.  Ronald Hedding's experience with drunken driving cases gives them an upper hand in dealing with the legal motions and evidence that will be most helpful to your case.

Ronald Hedding Law firm is well acquainted with breathalyzer and field sobriety test protocols. Most people do not realize that maintenance records and legal certification are required for breathalyzers equipment.  Ronald Hedding has the familiarity you need to know whether or not your failed breathalyzer test will be considered accurate in a court of law.  Ronald Hedding will help you take advantage of all pertinent circumstances in your case.

If your case does not go to trial, Ronald Hedding can still help you resolve your situation with minimal penalties. You need to take the utmost care in selecting your Los Angeles DUI attorney.  You should always meet with your attorney before your first appearance in court.  Take the time to make an appointment with Ronald Hedding Law firm so that you can start working to beat your case immediately.  Many subpar Los Angeles DUI attorneys will push you to rush into your case without sufficient preparations.  You will never have to experience treatment like this when dealing with Ronald Hedding.

Ultimately, it's up to you to use your instincts in selecting a Los Angeles DUI attorney.  When dealing with such serious matters, it's so important to go with your gut feeling.   Your freedom is nothing to play with, and this is something Ronald Hedding understands well.

Continue reading "Top 10 Reasons to Hire Ronald Hedding Law Firm" »

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October 04, 2010
  Is a DUI a Felony?
Posted By Ray Galan

Depending on the situation, a DUI offense is charged as a misdemeanor. But as one Los Angeles DUI case proved otherwise, there are some special circumstances that can escalate the charge to a felony DUI.

Every state mandates that driving with a blood alcohol content above 0.08% is considered driving under the influence. Each state has their own interpretation of the law; therefore, they have different sentences.

As your DUI lawyer will tell you, there are some general circumstances that can raise your DUI offense into a felony DUI:

·         If the DUI results in an accident that causes bodily injuries to another person involved in the incident.

·         If the driver has had a prior DUI offense on their record.

·         If the person causes excessive property drive.

In California, a person charged with a misdemeanor Los Angeles DUI will only require probation, a short time period in jail, and depending on their case, their driving privileges and/or driver's license may be taken away. A felony DUI, on the other hand, is much more serious and can affect your credit, the ability to vote, to get a job, and more. Therefore, it is important to hire an experienced DUI lawyer who has dealt with a felony DUI in the past. He or she can fight aggressively to help you try and get out of being charged with a felony. Come for a free consultation at the Hedding Law Firm if you have been recently convicted of a Los Angeles DUI and need help with your DUI offense.

Continue reading "Is a DUI a Felony? " »

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October 04, 2010
  26 Year Old Motorist Arrested on Suspicion of Vehicular Manslaughter While Driving Under the Influence
Posted By Admin

A 17-year-old boy was killed early Saturday morning in Pacoima while riding his bicycle, when a motorist struck him. Shawn Fields, 26, was driving a 2007 Saturn northbound on Laurel Canyon Boulevard when he struck the teenager. The impact threw the victim and his bike across the intersection.  He was transported to Providence Holy Cross Medical Center, where he died from his injuries. According to police, the motorist was arrested on suspicion of vehicular manslaughter while driving under the influence of alcohol.

Gross vehicular manslaughter while DUI is one of the most serious charges someone DUI can face. Someone is charged with this crime if they are driving a motor vehicle in a reckless manner that is significantly more then ordinary negligence, and a person is killed. Penalties can be from probation to ten years of state prison for each person who is killed. It must be proved that the person:

  1. Drove under the influence of an alcoholic beverage or a drug or under the combined influence of an alcoholic beverage and a drug or drove while having a blood alcohol level of 0.08% or higher. And,
  2. While driving that vehicle under the influence of an alcoholic beverage or a drug or under the combined influence of an alcoholic beverage and a drug, the person also committed either a misdemeanor or a driving infraction, or any other lawful act that might cause death; And,
  3. The person committed a misdemeanor or some infraction or lawful act that might cause death with gross negligence; And,
  4. The defendant's grossly negligent conduct caused the death of another person.

If you have been arrested or charged with a vehicular manslaughter while DUI offense, contact our criminal defense attorneys today. We have 75 years of combined experience and have defended hundreds of people over the years. The DUI attorneys at the Hedding Law firm understand the serious nature of these charges and we will do whatever we can to defend you. Call our office today at 818-986-2092, and set up a free face to face consultation.

Continue reading "26 Year Old Motorist Arrested on Suspicion of Vehicular Manslaughter While Driving Under the Influence" »

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October 01, 2010
  What a DUI Conviction Means for a College Athlete
Posted By Admin

For a college athlete a DUI conviction involves further penalties then sentencing. It has been learned in recent news from the nation's colleges and universities that there have been many DUI arrests involving NCAA athletes and coaches. Being a college athlete involves being in the public eye and when a legal issue arises such as a DUI conviction media publicity is expected. A DUI conviction often means the dismissal of an athlete or coach. This can affect the reputation of the sports program, hurt the team's chances of success, and damage the athlete's career.

Auburn University's football program recently dismissed or penalized several of its players following DUI incidents. Linebacker Kevin Spears is facing a undetermined suspension period after an arrest for driving while under the influence, hit-and-run, and public intoxication. This will cause him to miss the important game between Auburn and LSU this season.

These athletes have learned that the consequences of a DUI conviction go beyond the direct penalties. A DUI conviction can have an impact on your life and on the lives of those around you. If you or someone you know are facing DUI charges, call our office today. Our 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.

Continue reading "What a DUI Conviction Means for a College Athlete" »

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