Law Offices of Jonathan Franklin: LA Lawyer

Showing posts with label LA Lawyer. Show all posts

Monday, December 9, 2013

Second Offense #DUI - Don't Face it Alone! #DefenseAttorney Can #Help

Newsflash from your Hollywood Attorney:

A second drunk driving arrest or conviction can put your future in serious jeopardy. By hiring an experienced attorney, you can ensure that your rights are protected and that your needs are addressed.

The Law Offices of Jonathan Franklin will confidently handle a range of issues for individuals facing DUI charges, including administrative hearings and driver’s license suspensions. Beverly Hills DUI Attorney Jonathan Franklin has been handling criminal defense and drunk driving matters for years, having helped numerous individuals deal with the consequences of the charges they are facing.

Contact us at 310.273.9600 to schedule your free consultation. We are dedicated to helping clients understand how the laws apply to DUI multiple offenders.

Consequences for a Second Offense DUI Conviction
If you are convicted as a DUI multiple offender on a 2nd DUI charge, a range of penalties may apply, including:

Probation: 3-5 years of court probation; no drinking and driving during this time period
Fines: $1800 to $2800 in addition to court fees; some courts allow individuals to work off part of the fines through community services
Driver’s License Suspension: 2 years; DMV may grant a restricted or temporary license after one year; an ignition interlock device may be installed on your vehicle at your expense
DUI School: 18 months of a drug and alcohol education program
Jail or Prison Time: Mandatory 96 hours; some counties require 10 days, other 30

DUI Multiple Offender Issues
The punishments for DUI convictions become more severe with each additional DUI one. Whether you are a first-time offender or facing your 4th or 5th DUI charge, it is important to enlist the assistance of a lawyer who can aggressively stand up for your rights.

Do not face your DUI charges alone, especially if you are a multiple offender. For a free consultation with the Law Offices of Jonathan Franklin, contact us at 310.273.9600. Our phones are answered 24 hours a day.

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Saturday, October 26, 2013

Glendale Police to Amp Up DUI Checkpoints

Newsflash from your Hollywood Attorney:

City accepts a $150,310 grant to help finance a dozen traffic checkpoints.
The Glendale Police Department is receiving a grant of roughly $150,000 to fund sobriety checkpoints in the city.

The City Council on Tuesday accepted the $150,310 grant from California Office of Traffic Safety to pay for checkpoints, which allow officers to look for motorists who are driving under the influence of drugs or alcohol.

Police officials said the grant helps reduce the number of DUI-related collisions, fatalities and injuries.

The grant will pay for 12 checkpoints, overtime costs for officers, and the alcohol screening devices used to measure blood-alcohol levels, according to a city report.

The checkpoint period started Oct. 1 with unknown ending.

Nearly 700 motorists have been arrested for alleged drunk driving so far this year, according the latest crime statistics from the Glendale Police Department. The number of arrests is down by 127 arrests for the same time last year.

Source.... http://articles.glendalenewspress.com/2013-10-25/news/tn-gnp-glendale-police-to-amp-up-dui-checks-20131025_1_checkpoints-dui-checks-dui-related-collisions

Thursday, October 24, 2013

DUI Checkpoints and Attempts to Offset Prescription Drug Abuse Take-Back

Newsflash from your Hollywood Attorney:

Medication Take-Back
The new team is encouraging residents to drop off potentially dangerous, expired, unused and unwanted prescription pills at the NPD on Saturday, Oct. 26 from 10 a.m.-2 p.m. The NPD and the Drug Enforcement Administration partnered, giving the public its seventh opportunity in three years to prevent pill abuse, Sgt. Sophia Winter said.

“Last April, Americans turned in 371 tons of prescription drugs at more than 5,800 sites operated by the DEA and its thousands of state and local law enforcement partners,” Winter said. “In its six previous Take Back events, DEA and its partners took in more than 2.8 million pounds — more than 1,400 tons — of pills.”

Often times, users obtain prescription drugs from family and friends, finding extra medication in medicine cabinets. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses, Winter said.

The DEA is also in the process of approving new regulations that implement the Safe and Responsible Drug Disposal Act of 2010, meaning the medication’s user is obligated to dispose of unused medication at locations authorized by the Attorney General. The Act also allows the Attorney General to authorize long-term care facilities to dispose of their residents’ controlled substances.

The NPD’s pill disposal is located at 909 Machin Avenue in Novato and is free and anonymous.

DUI checkpoints
The NPD was awarded a new traffic safety grant for an anti-DUI program aimed at preventing death and injury on the road.

“The city of Novato has, unfortunately, seen a steady increase in DUI-related incidents,” Chief James Berg said. “The community deserves to be safe from the dangers created by DUI drivers.”

The $29,100-grant was awarded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration and will provide additional enforcement measures to combat impaired driving.

“The NPD is dedicated to keeping our streets safe through both enforcement and education,” Sgt. Eric Riddell said.

The grant will specifically target impaired driving offenders and officers hope to educate the public at each DUI and driver’s license checkpoint.

“When possible, specially trained officers will be available to evaluate those suspected of drug-impaired driving,” Riddell said. “Drunk and drugged driving are among America’s deadliest crimes.”

In 2011, 774 people were killed and more than 24,000 were injured in alcohol and drug-impaired crashes in California, Riddell said.

Novato however, did not experience a single fatality in 2011, though 16 injuries resulted in DUI-related collisions. Too offset the numbers, the NPD publicizes its checkpoints, resulting in a 20 percent drop of alcohol-related crashes.

“Checkpoints have proven to be the most effective of any of the DUI enforcement strategies,” Riddell said, “while yielding considerable cost savings of $6 for every $1 spent.”

Source.... http://www.marinscope.com/novato_advance/news/article_b9890140-3c46-11e3-ab14-001a4bcf887a.html

http://www.jonathanfranklinlaw.com

Wednesday, October 23, 2013

Heidi Fleiss Arrested in Nevada on DUI of Marijuana

Newsflash from your Hollywood Attorney:

Her second marijuana-related run-in with the law in the past three months.

Fleiss, 47, was pulled over about 3:30 a.m. Tuesday on State Route 160, near her home in Pahrump, according to the Nye County Sheriff's Department. Fleiss didn't have a license and her registration was suspended, authorities said.

Deputies also found about four ounces of marijuana and a large amount of cash with her and reported she was under the influence of the drug.

Fleiss was booked into the Nye County jail but bailed out later in the day Tuesday, jail officials said.

A phone number listed for her was disconnected.

The Tuesday arrest comes less than three months after authorities said they found nearly 400 marijuana plants growing in and around her home in Pahrump.

She reportedly told authorities she was growing marijuana without a license and said she planned to sell it to a cooperative in Las Vegas.

Prosecutors charged her in August with possession of marijuana with the intent to sell, although the status of the case wasn't immediately clear Wednesday.

Fleiss once ran a high-priced Los Angeles prostitution ring providing models-turned-prostitutes to wealthy clients. She moved to Pahrump in late 2005, several years after serving 21 months in a California prison for money laundering, tax evasion and attempted pandering.

Source.... http://www.contracostatimes.com/california/ci_24369342/heidi-fleiss-accused-dui-marijuana-nev

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Monday, October 7, 2013

TurboTax Class Action Lawsuit Settlement - $6.55 Million

Newsflash from your Hollywood Attorney:

A California federal judge has granted final approval to a $6.55 million class action lawsuit settlement resolving claims that Intuit’s free TurboTax edition included exorbitantly high interest rates.

Arkansas residents Tasha and Fredierick Smith filed the TurboTax class action lawsuit in February of last year, claiming that Intuit violates the Truth in Lending Act (TILA) and California business and usury laws. They alleged that the “free” online edition of TurboTax charges illegal and outrageously high fees to consumers who choose to defer their TurboTax fees, opting instead to have the fees deducted from their tax refund.

In their class action lawsuit, the Smiths claim that the TurboTax webpage presents users with a variety of TurboTax products, including the so-called “Free Edition.” However, this edition of the software is not free because it charges $19.95 to file a state tax return. They allege that the “Free Edition” of TurboTax costs nothing unless a user wants to “file, e-file, or print your return,” in which case the user must purchase TurboTax federal and state products.

The plaintiffs claim that they had used TurboTax in 2009, 2010 and 2011. Each time, they deferred the $86.90 fee to use the software, opting to have the amount deducted from their tax refund. Allegedly, Intuit charged them $29.95 to have the fee deducted from their refund, more than 34 percent of the original usage fee. The Smiths claimed that Intuit failed to adequately disclose the fee for the “refund processing service” as a finance charge.

Initially, the plaintiffs argued that the $29.95 should be considered a refund anticipation loan and therefore should be subject to interest rate and finance charge disclosure rules. However, U.S. District Judge Edward J. Davila disagreed and dismissed this claim because TurboTax users never received any money from Intuit. Subsequently, the parties agreed to settle the class action lawsuit. Intuit has denied any wrongdoing but agreed to refund consumers under the terms of the class action settlement.

Earlier this year, Judge Davila granted preliminary approval to the Intuit TurboTax class action settlement. After a fairness hearing was held on September 27, Judge Davila granted final approval to the class action settlement on October 1. Class Members include anyone who used Intuit’s TurboTax online and utilized the “refund processing service” from January 12, 2008 until May 28, 2013. The agreement will incorporate a second class action lawsuit that is currently pending against Intuit in state court.

To be eligible to receive a cash award from the class action settlement, Class Members must submit a valid Claim Form to the Settlement Administrator on or before October 28, 2013.

Detailed instructions on how to file a claim for the TurboTax class action settlement can be found here in our Open Class Action Lawsuits section.

Attorneys for the plaintiffs include Hank Bates of Carney Williams Bates Pulliam & Bowman PLLC; Gillian Wade and Isaac Miller of Milstein Adelman LLP; Richard M. Golomb, Ruben Honik and Kenneth J. Grunfeld of Golomb & Honik PC; and Brian T. Ku and M. Ryan Casey of Ku & Mussman PA.

The TurboTax Class Action Lawsuit Settlement case is Smith v. Intuit Inc., Case No. 12-cv-00222, in the U.S. District Court for the Northern District of California.

Source.... http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/5064-judge-approves-turbotax-class-action-lawsuit-settlement

Friday, October 4, 2013

A Los Angeles DUI Attorney Can Help With The Legal System

Newsflash from your Hollywood Attorney:

Los Angeles DUI AttorneyGetting arrested for driving under the influence in California can feel like the worst thing that has ever happened to you. However, it is only the beginning. Being arrested in California for a DUI starts a series of legal events that starts with the arrest and booking process and can end with a hefty fine, the suspension of your driver’s license and possibly even jail time. If this is not your first offense, the penalties for subsequent arrests become much more severe.

When faced with a possible DUI conviction, it is of the utmost importance to retain an experienced Los Angeles DUI attorney as soon as possible. A qualified attorney will take the necessary steps to preserve your rights while you work through the process. By California law you must schedule a DMV hearing within 10 days of the DUI arrest. If this hearing is not scheduled within 10 days you will lose your license. In the first stages of the process, your attorney will have the opportunity to enter a pre-trial motion to dismiss the charges in their entirety. That is one of the reasons acquiring one of the DUI lawyers Los Angeles residents depend on is so important. Quick action can be helpful in the legal system.

If you or a family member has been arrested in southern California for any of the offenses below, call a Los Angeles DUI lawyer as soon as possible.

• First-time DUI
• Felony DUI
• DUI with injuries
• Driver’s license suspension and restoration
• Hit-and-run
• Traffic violations

Students and DUI Convictions
You are at a particular disadvantage if you are a college student at UCLA, USC, or any other local college or university in the Los Angeles and the Southern California area, and are arrested for DUI. Underage students arrested for DUI not only face potential fines and jail time but also may find it difficult to obtain a driver’s license and, if intoxicants are found in your vehicle, you may lose your scholarship or other financial aid and become ineligible to receive aid in the future.

Positive Outcomes are Possible in Los Angeles DUI Cases
A successful defense can be achieved regardless of your blood-alcohol level. There are many factors that a qualified DUI attorney can build a successful defense on. For instance, the arresting officer may have used poor judgment and not had probable cause to stop you. Additionally, the machine used to evaluate your level of intoxication may not have been calibrated correctly or the staff member administering the test may have not conducted the test properly. This holds true for field sobriety tests as well.

Look for a lawyer who knows when a DUI case should go to trial and when a plea agreement may be the better alternative. The goal is to get your life back on track, and sometimes a plea agreement can be the best way forward.

At the Law Offices of Jonathan Franklin, this former prosecutor will complete a thorough investigation and will have all of the facts in order to provide you with a vigorous defense. For a free initial consultation with the Law Offices of Jonathan Franklin, call 310-273-9600.

More Information... http://www.jonathanfranklinlaw.com

Thursday, October 3, 2013

If You Are Charged With Aggravated Driving Under The Influence, Penalties In California Are Even Harsher

Newsflash from your Hollywood Attorney:

California has some of the harshest DUI laws in the United States, and if you are charged with aggravated DUI the penalties can quickly become much harsher, both in terms of jail time, the amount of fines levied, probation and other consequences.

You could be charged with an aggravated driving under the influence charge for the following actions:

Children under 14 are in the vehicle.
Refusal to take a sobriety test.
Being on probation, or having a suspended or expired license.
Being involved in an accident, whether or not there was injury to another person.
Multiple DUI’s within 10 years.
Excessive speeding.

There are other factors which may lead the DA to charge you with aggravated DUI; no matter what the reason, this charge makes it more important than ever to have access to a qualified attorney. The bad effects of this type of DUI charge can last long after the initial punishments in increased insurance costs, a criminal record and in some instances an extended period of time where you are denied the privilege of a driver’s license.

In some jurisdictions around the country, prosecutors are now actually filing murder charges for death resulting from an accident caused by a DUI is known as a Watson Murder from the case People v. Watson, in which a person with multiple DUI convictions was tried with 2nd degree murder.

More Information... http://www.jonathanfranklinlaw.com

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Wednesday, October 2, 2013

Don’t Get Caught Drink Driving – It Is Easy To Avoid And Hard To Get Out Of

Newsflash from your Hollywood Attorney:

With fines ranging from over $300 dollars up to $1000 for a first time offence, license revocation, an ignition interlock device, probation and parole, and possible jail time don’t drink and drive is good advice for everyone.

But many people who are arrested for this crime did not think they were legally drunk. All it takes is one to many drinks in to short a period of time. This is a mistake that makes a sudden change in plan unavoidable, but there are a few things you can do to make sure it does not happen to you. The first and most important is the amount of alcohol you consume; if you stick to one drink, beer or glass of wine per hour, and do not drive for at least an hour after your last drink you will not be close to the legal limit of .08 Blood Alcohol Level.

If you do get caught drunk driving, seek a lawyer as quickly as possible. There are many ramifications that arise from being arrested for any charge, but a DUI can create a huge amount of stress and hardship in your life.

The first penalties are just that – a fine and some possible time in jail are just the first steps in a long and expensive road. That journey can be made quicker and much less expensive when a competent attorney represents you in court. The state does have to prove its case in a court of law, and things are rarely clear cut. An attorney may seem like an expensive option, but it is generally much less expensive in the long run to have legal counsel by your side.

More Information... http://www.jonathanfranklinlaw.com

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.
http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Tuesday, October 1, 2013

Zero Tolerance DUI

Newsflash from your Hollywood Attorney:

The State of California has implemented a Zero Tolerance DUI policy against drivers who are under the age of 21. If the driver takes a Sobriety Test and has a Blood Alcohol Content of .01 percent or higher, or if the driver refuses to take the test, the Department of Motor Vehicles will immediately suspend his or her license. The driver will receive a notice of the Suspension/Revocation of his license and also receive a temporary driver’s license which will be valid for 30 days from the date of the arrest or the date he was detained.

If the driver wishes to argue the suspension, he has 10 days to request an Administrative Hearing which is held at the DMV. During the hearing, the DMV officials will review the circumstances of the arrest and any related documentation such as a collision report. Drivers can represent themselves at the hearing or they can bring an attorney.

If the officials at the DMV find against the driver, he can request a review by the DMV. This request must be made within 15 days of the date that the DMV decision was made. The cost of a departmental review is $120. Drivers can also request that the courts review the decision and that request must be made within 30 days.

To have a license that’s been suspended under a Zero Tolerance Policy reinstated, the driver must pay a fee of $100 and obtain a Form SR-22 or other proof of financial responsibility which must be maintained for 3 years.

More Information... http://www.jonathanfranklinlaw.com

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.
http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Monday, September 30, 2013

Is Driving Under The Influence a Felony?

Newsflash from your Hollywood Attorney:

Like many things related to the law, misdemeanors and felonies are a complicated matter. So, is driving under the influence a felony? Well, that depends. Under the current laws of California (and subject to change at any time by the legislature), a fourth DUI within ten years of the first conviction is considered an automatic felony, no matter what your blood alcohol level tested.

However, it’s important to keep in mind that there may be additional circumstances to the DUI charge that would make it a felony even if it’s an earlier charge. For example, you may be involved with a hit and run situation, even if you don’t know it at the time. Many drunk drivers really aren’t paying attention and have no idea if they hit things, so the news that they might have struck a person can come as a huge shock later that evening or, potentially, the next day.

You might also encounter situations like excessive property damage that could bring the idea of a felony up. On the whole, though, you can usually work with the idea that a DUI charge isn’t a felony until your fourth charge in ten years as long as there are no additional circumstances making it worse. However, laws can change, so you’ll probably want to double-check with a lawyer if you are charged with a DUI just to be certain of where you’re at.

More Information... http://duidaily.com/is-driving-under-the-influence-a-felony/

Friday, September 27, 2013

California DMV Suspended License

Newsflash from your Hollywood Attorney:

In the State of California, both the officials of the courts and the Department of Motor Vehicles can suspend your driver’s license. A license can be suspended for anywhere from 30 days to an indefinite period of time depending on the seriousness of the offense. Sometimes, if your license is suspended in states such as California, you can receive a restricted license. For instance, if you were convicted of a first-offense DUI, you may be eligible for a restricted license that allows you to drive to your job and back.

Your license could be suspend in California for reasons such as accumulating too many points on your driver’s license in a specific period of time or getting involved in a car accident and not having proper insurance. For those individuals who drink and drive, a DUI can certainly mean the suspension of driving privileges. Even a first conviction can result in a suspension of at least 4 months. A second or third DUI can cause you to lose your license for a period of years.

The state has a Zero Tolerance Policy for persons under the age of 21. If the driver tests with a blood alcohol content of .01 percent or higher, his license is taken immediately and he will lose it for up to one year. People who refuse to take a breathalyzer or a blood or urine test if they are pulled over for a DUI will automatically have their license suspended under the state’s implied consent laws.

More Information... http://duidaily.com/category/dmv-suspended-license-2/

Thursday, September 26, 2013

Driving Under the Influence Consequences

Newsflash from your Hollywood Attorney:

Imagine that you are going out to celebrate your birthday or another special occasion. You may plan to meet friends, have dinner and then go to a club. Or maybe you are at a party in someone’s house watching a Monday Night Football game. You may decide to have a drink or two and feel like you are okay to drive. But on the way home, you are stopped at a DUI checkpoint. The officer suspects you have been drinking and your blood alcohol is tested and is over .08 percent. You are considered to be Driving Under the Influence.

Driving Under the Influence consequences are serious. Your license is suspended and you have to schedule an administrative hearing at the DMV to try to get your license reinstated, which may not even be possible. If you can’t drive, you may not be able to get to work. Some people end up getting fired from their job especially if having a clean driving record is a requirement.

People convicted of DUI have to pay heavy fines. They have to pay the courts, the DMV and they may also need to pay attorney fees. But having an attorney representing you at the DMV hearing or in court is a very good idea in many cases.

If this is your first DUI, you may not have to spend time in jail but that is not always the case. Some first offenders are sentenced to serve time. If you have more than one DUI on your record, the likelihood of you going to jail is higher.

More Information... http://duidaily.com/driving-under-the-influence-consequences/

DUI checkpoints Coming

Newsflash from your Hollywood Attorney:

The California Highway Patrol Napa Area will conduct a Driving Under the Influence/Driver’s License Checkpoint on Sept. 27.

According to the CHP, the goal of the checkpoint is to ensure the safety of motorists by targeting roads where there is a high frequency of drunken driving.

Traffic volume permitting, all vehicles will be checked, and drivers who are under the influence of alcohol and/or drugs can expect to be arrested, the CHP said in a statement. Motorists without a valid driver’s license can expect to receive a citation and have their vehicle impounded.

The checkpoint will be conducted between the hours of 6 p.m. and midnight.

Source.... http://napavalleyregister.com/

Wednesday, September 25, 2013

Is DUI Arrest A Crime?

Newsflash from your Hollywood Attorney:

A DUI is a serious crime. The repercussions can be devastating, even for first offenders. In certain circumstances they can be sentenced to jail time. If you have a felony DUI which could mean you may have driven drunk and injured a person with your car, you could spend years in state prison. It can be difficult to get hired for a job with DUI conviction on your record, and a felony conviction is even worse. Aggravated DUIs carry tougher penalties than conventional DUI crimes. When someone is charged with an aggravated DUI, they may have refused a breathalyzer test, or have taken a test and had a blood alcohol reading that is a .15 or higher. Children may have been present in the vehicle as well or the driver may have caused an accident where someone was injured.

If you’ve had multiple DUI convictions, you may end up serving time in jail. Most individuals charged and convicted of DUIs have to pay hefty fines and may lose their license for a period of time as well as facing other punishments, such as having to install an ignition interlock device which forces you to test alcohol free before you can start the vehicle.

Because a DUI arrest is a crime, you should consult with one of the knowledgeable DUI defense lawyers Hollywood has. You must also schedule a DMV hearing within 10 days from your arrest; if you do not do this your license will be revoked whether or not you are convicted in court. A lawyer is not necessary to this procedure, but they are used to dealing with the entire case and can make the process much easier and may be instrumental in getting your life back to normal.

More Information... http://duidaily.com/is-dui-arrest-a-crime-2/

Tuesday, September 24, 2013

Causes of Drunk Driving - More Than You May Think!

Newsflash from your Hollywood Attorney:

Cause of Drunk DrivingWith so many anti-drunk driving campaigns in effect around the country, it is difficult to understand why people are still convicted of Driving Under the Influence of alcohol, illegal and/or some prescription drugs. Since drunk driving is preventable, why are people still being arrested?

One of the causes of drunk driving is that people do not intend to get drunk. They may only have a few drinks but the alcohol hits them much harder than expected. Some people drink alcohol on an empty stomach which can cause their blood alcohol content to exceed the legal limits.

Some people do not realize how intoxicated they actually are. They may think they are totally fine to drive and then get behind the wheel impaired. Some may have tried unsuccessfully to call a friend or family member to pick them up after a night of drinking.

Some people may be embarrassed to admit how much they’ve had to drink. They may feel like they don’t want to be a burden to others and try to get home on their own. Many people drink to excess and even though they know they are impaired, they do not believe they will get caught. According to the Mothers Against Drunk Drivers website, on average, someone who is caught drunk driving has driven drunk 80 times prior to their his first arrest.

Some people may try to drink coffee or otherwise sober up before driving. However, they may not realize it takes a human body one hour to metabolize one alcoholic drink. Drinking coffee or taking a cold shower does not sober up a human being.

More Information... http://duidaily.com/causes-of-drunk-driving-2/

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Monday, September 23, 2013

You Can Be Charged with a DUI

Newsflash from your Hollywood Attorney:

Your evening may have started innocently enough. Perhaps you had dinner with your significant other and had a few glasses of wine or beer. Or you may have been out playing softball or touch football with friends and had a few beers during the game or afterwards. You may not realize it at the time but your blood alcohol could be above the legal limit and if you are pulled over by police, you can be charged with a DUI.

You do not have to be falling down to be considered a drunk driver. Many people are surprised to find that their blood alcohol content is over the legal limit but even two drinks can cause a person’s coordination to be impaired. Some people think that they cannot get drunk by drinking wine or beer. They may be shocked to find out that a 5 ounce glass of wine has the same amount of alcohol as a 1.5 ounce shot of liquor. That is because it is not what you drink that makes you drunk; it is the amount of alcohol you drink over a specific period of time, according to the Mothers Against Drunk Drivers website statistics.

If you plan to go out drinking, take precautions so you avoid a DUI charge. Appoint a designated driver or call a friend or family member to pick you up. If you cannot reach a loved one, call a taxi. Having a DUI on your record is extremely serious and the consequences are harsh.

More Information... http://duidaily.com/you-can-be-charged-with-a-dui-2/

Federal Civil Rights Violations Lawsuit - Calguns Foundation California Attorney General Kamala Harris and DOJ Firearms Bureau Chief Stephen Lindley

Newsflash from your Hollywood Attorney:

The Calguns Foundation filed a new federal civil rights lawsuit this morning on behalf of three California residents, naming Attorney General Kamala Harris and DOJ Bureau of Firearms Chief Stephen Lindley as defendants. The case challenges the California Department of Justice's practice of denying individuals' fundamental rights protected under the Second and Fourteenth Amendments to the United States Constitution.

The Department, through defendants Harris and Lindley, have been and continue to enforce a policy of forbidding many gun purchasers from taking possession of their lawfully-obtained firearms through what are commonly referred to as "DROS delays", sometimes for over a year or indefinitely.

One plaintiff in the case, Darren Owen of Taft, California, has been denied his firearm for over 18 months.

"It's the government's responsibility to timely prove that someone has already been adjudicated and their Constitutional right to purchase and possess guns taken away through due process," explained Gene Hoffman, the Foundation's Chairman. "It's not the individual's job to prove that they have fundamental rights."

"By shifting the burden to the individual, the DOJ is blatantly violating the Constitution and thumbing its nose at the U.S. Supreme Court's D.C. v. Heller and McDonald v. Chicago decisions."

Victor Otten, an attorney for the plaintiffs, agrees. "Our clients are not prohibited from owning guns under state and federal law," noted Otten. "The bottom line is that if the DOJ cannot determine that someone is ineligible to possess firearms in a timely manner with all of the databases and law enforcement resources it has at its disposal, then they have no choice but to allow our clients and other similarly-situated gun owners to take possession of their firearms."

Under current California law, the DOJ must permit a firearm purchaser to receive their firearm at the end of the 10-day DROS background check period unless it determines that the purchaser is not eligible to possess or purchase firearms. Earlier this year, Assemblymember Tom Ammiano (D - San Francisco) amended his bill AB 500 to allow the Department of Justice to deny the release of firearms for up to 30 days. AB 500 is presently awaiting California Governor Jerry Brown's action.

"We've received hundreds of reports like those at issue in this case and it's a virtual certainty that there are thousands of others like the individual plaintiffs out there," said the Foundation's Executive Director, Brandon Combs. "The DOJ's policy is nothing short of outrageous."

Continued Combs, "It's time for the DOJ to respect the Second Amendment. If the Attorney General and her staff refuse to do it voluntarily, we will not hesitate to force it in the courts. In filing this case, we seek to ensure that the Constitutionally-enshrined fundamental rights of Californians to buy and possess firearms are respected no matter how far Ms. Harris or Assemblymember Ammiano might wish the DOJ's powers extended."

The new federal lawsuit is entitled Darrin Owen, et. al. vs. Kamala Harris, et. al. and may be viewed or downloaded at
http://ia601002.us.archive.org/8/items/gov.uscourts.caed.259271/gov.uscourts.caed.259271.docket.html

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