San Diego DUI Attorney Blog

A San Diego DUI accident took the life of a 34 year-old Santee man named Patrick Elerding Tuesday morning, August 18, per a story from the San Diego Union Tribune. According to investigators from the Medical Examiner's office and the California Highway Patrol, the accident took place in the early morning hours. Elerding had been riding in the passenger seat of a 1990 Volvo driven by another San Diego man named Nico Faulk, 37. While heading west on El Monte Road, Mr. Faulk apparently lost control of the station wagon. He then corrected too much and careered over the yellow median dividers into an oak tree. An off duty police officer and paramedics quickly arrived at the scene, but they were too late to save Mr. Elerding, who was pronounced dead. Mr. Faulk suffered injuries to his back.

Mr. Faulk faces charges of felony DUI in San Diego as well as vehicular manslaughter. If convicted, he could face many years in jail and additionally be compelled to pay fines and court costs, attend alcohol school, undergo probation, have his driver’s license suspended.

The legal BAC limit for a San Diego DUI is 0.08%. But even if your BAC level is below that, you can still be convicted of a felony DUI in Southern California depending on the circumstances of your accident, such as the degree of your negligence, and whether or not you had also consumed illegal narcotics. Drivers under the age of 21 face an even stricter standard, since they cannot legally consume alcohol in the first place.

Defending against charges of San Diego felony DUI or vehicular manslaughter can be challenging, emotionally taxing, and isolating. Even close friends and family members who otherwise might be supportive can prejudge you and give you even less of the benefit of the doubt than the legal system offers you. In this hard time, you need compassionate assistance from a qualified, battle proven San Diego felony DUI attorney. Attorney Stephen R. Brodsky can fight on your behalf. For nearly two decades, Attorney Brodsky has defended literally hundreds of individuals accused of violating the state law. He also served for a time as a prosecutor for the US Government as a Navy Judge Advocate, so he brings to bear an additional perspective that can help you.

To learn more about how Mr. Brodsky can help defend you from the intimidating charges, connect with him now at WWW.CRIMINALATTORNEYSANDIEGO.COM, or call 1-800-GOOD-ADVICE for immediate assistance. Consultations are free, and hablamos Español.

Tragedy struck the town of Bakersfield, California, on Thursday August 6 when Maria Rodriguez, a 54 year-old mother of eight and grandmother of 15, was hit by a speeding DUI driver while crossing the street. Rodriguez, who was a native of Mexico who became a full-fledged U.S. citizen in 2004, died at the scene.

The incident occurred at around 10:00 pm, when she crossed Height Street. Allegedly, a car saw Ms. Rodriguez and stopped to let her pass. But then another driver, who had been racing down at speeds approaching 100 mph, swerved around the first car and ran over the victim. The driver, a 25 year-old man named Louis Munoz Jr., fled from the scene. Bakersfield police gave chase, pulled him over, and then jailed him on charges of gross vehicular manslaughter while DUI, hit and run, and felony DUI. Mr. Munoz Jr. is being held on a bail of $130,000.

For the heartbroken children and grandchildren of Ms. Rodriguez, the pain of this tragedy must be overwhelming. If the allegations are true, Mr. Munoz Jr. could face a lengthy prison sentence as well as steep fines and other punishment and penalties, including loss of his driver’s license.

If you or loved on has tragically been involved in a felony DUI or a fatal DUI accident in San Diego, never flee from the scene. Doing so can exacerbate your problems and potentially add years to your prison sentence. Instead, get medical help as soon as possible, and contact a San Diego County DUI lawyer, such as Stephen R. Brodsky. The better you understand your rights and obligations under the law, the better your chances will be of defending against the charges against you. If you need help now -- whether it’s the middle of the night or even a holiday -- call Attorney Brodsky for a free, no obligation, and confidential consultation at 1-800-GOOD-ADVICE. Or to learn more about the consequences of being arrested for gross vehicular manslaughter while DUI in California, peruse Attorney Brodsky’s website at WWW.CRIMINALATTORNEYSANDIEGO.COM.

According to an Associated Press release dated August 3, 2009, an as of yet unidentified 9 year-old girl has been killed in a tragic accident on the 5 Freeway in Oceanside. Per the report of a California Highway Patrol officer, the accident occurred at around 1:00 a.m. Monday when a Lexus careered into a big rig truck at around 50 mph. The driver of the Lexus, Michael Wright Jr. (of Commerce, CA), apparently did not notice some roadwork ahead and plowed into two other cars before smashing into the rig. Two other drivers suffered minor injuries, and no other serious injuries or fatalities were reported.

Officers arrested Mr. Wright at the scene for gross vehicular manslaughter while intoxicated. That charge is one of the most serious San Diego DUI homicide charges. To convict a defendant of gross vehicular manslaughter, the prosecution faces a high burden of proof. Showing that a driver was “careless” won’t meet that standard. The driver had to have engaged in behavior that was negligent to the point that a reasonable person would have recognized that it was risky and could lead to serious injury or death. Furthermore, the negligent behavior must be shown to have led to the alleged injury or death.

If you or someone you love faces a charge of gross vehicular manslaughter or felony DUI in San Diego, you'll likely need a stout legal defense to avoid the worst punishments and to ensure that your rights are protected. Vehicular manslaughter cases -- particularly those in which drug use or alcohol use is alleged -- can be emotionally explosive. It’s easy for outside parties in the media -- or even in your own family or workplace -- to come to conclusions about your guilt before hearing all the evidence. Often, a good legal investigation can reveal powerful defensive arguments. For instance, maybe the blood alcohol test administered gave incorrect results, which might exonerate you. Or maybe some other as yet unidentified factor, such as the negligence of a third driver or poor signage or lighting, caused or partially contributed to the accident.

The point is, to craft a thorough defense, you need a San Diego DUI attorney with the experience, compassion, and attention to detail to get the job done. Stephen R. Brodsky has been practicing criminal law in San Diego exclusively since 1988, and he’s served hundreds of defendants. To find out more about his track record, philosophy, and credentials, visit WWW.CRIMINALATTORNEYSANDIEGO.COM.com, or phone 1-800-GOOD-ADVICE today to get immediate help with your felony DUI defense.

A tragic and disturbing Southern California felony DUI case that has gripped Orange County and San Diego County has come to a conclusion. Danny Ruiz, a Laguna Hills man, has been convicted of two felony murder counts stemming from a San Clemente DUI crash last May that took the lives of both his girlfriend and her unborn child. Ruiz and his girlfriend (Andrea Gerdon) had attended a wedding ceremony: they were en route home, when Ruiz lost control of his Blazer and slammed into a palm tree. The police tested Ruiz’s blood alcohol concentration and found that he had a BAC of 0.17% - more than double the state’s allowable limit. Ruiz had previously been convicted of two other crimes – a carjacking in 1995 and a robbery in 1991. The judge has set a sentencing hearing for October, at which Ruiz could face a sentence of life in prison for the crime.

If you or a loved one has been involved in a fatal felony DUI accident in San Diego or Southern California, you may need an aggressive and knowledgeable lawyer to help you figure out what to do to avoid worst case scenario penalties, such as massive fines or long jail sentences. While retaining an adept attorney, like Stephen Brodsky, won't solve all of your legal problems, a good lawyer can structure your defense and help you develop realistic plans to achieve best-case scenarios. In some cases, it may be possible to plea bargain felony DUI charges down to simple misdemeanors. In other cases, you can challenge charges based on faulty sobriety tests, police bias, improper police procedure, or other factors. To explore your DUI defense options today, get in touch with Attorney Brodsky today by dialing 1-800-GOOD-ADVICE (toll free) or by emailing his law offices via www.criminalattorneysandiego.com. Attorney Brodsky provides free, completely confidential consultations for potential clients, and he has nearly twenty years of experience helping area defendants get fair and just hearings for their cases.

According to a June 21st report in the Orange County Weekly magazine, a popular pastor named Stephen Eugene Galiher, has been arrested and charged with two felony DUI counts after hitting a 70 year old man on April 26th.

Facts of the Case

Mr. Galiher had allegedly been traveling at over 85 miles an hour in a BMW near the intersection of the 55 and the 73 Freeways, when he slammed into another car on the road, causing it to career wildly and actually flip over twice. California Highway Patrol officers who came to the scene found Mr. Galiher (who serves as the main pastor at Tennessee’s Trinity Music City Church) with bloodshot eyes and smelling strongly of alcohol. Mr. Galiher confessed at the scene to having had a few glasses of wine and subsequently failed sobriety tests. It is unknown what his blood alcohol concentration level was at the time, since police have not yet released relevant reports.

Orange County Superior Court convicted Mr. Galiher of felony DUI on May 22nd and released him after he met a $100,000 bail. The man Mr. Galiher hit is still recovering from his injuries, which include broken bones and ribs and difficulty walking.

Injury DUIs in Southern California can be quite serious business, and the pastor could face significant jail time, fines, and other repercussions for his reckless and negligent actions. If you or someone you care about has caused a DUI injury crash in Southern California or San Diego, you may need proactive legal help to avoid having to pay the stiffest penalties mandated by law and to rehabilitate yourself as effectively as possible. The good news is that the Law Offices of Stephen Brodsky may be able to assist you. Read more about us here at CriminalAttorneySanDiego.com, or contact us ASAP to set up a free and completely confidential discussion.

On June 22nd, 2009, Orange County Superior Court Judge Theodore Millard lost a battle to have his felony San Diego DUI conviction overturned by the Fourth District Court of Appeals. Judge Millard actually had been a presiding judge of Orange County Superior Court back in the late 1990s. His felony conviction stems from an incident in December 2003 in which he was arrested for driving while intoxicated and causing bodily injury to a motorcyclist.

Facts of the Case

According to testimony, Judge Millard had been drinking wine at the home of a nearby friend – to the tune of approximately three to four glasses – prior to getting into his car and driving home. Judge Millard fail to yield to a passing motorcyclist while making a left turn and drove into fifty-two year old William Payne, causing injuries that made it impossible for Payne to continue working as a construction company service representative.

Initial tests found that Judge Millard had a BAC of a .011% -- .03% over California’s maximum allowable BAC. The Orange County District Attorney recused himself and his whole office from dealing with the matter, given that the Judge Millard was a close friend and associate. Instead, Los Angels Superior Court tried the case. The Judge was convicted of felony DUI, sentenced to three years of probation and ordered to pay Payne $390,000. He also had to spend 75 days in jail.

Judge Millard’s insurer paid $1.1 million to Payne for medical bills and lost present and future wages.

While the appellate judge for the Fourth District Court did not accept the defense’s argument challenging the validity of the BAC test, he did agree to recalculate the restitution amount, because the original amount overcompensated for attorney’s fees.

Driving while intoxicated in Southern California can have real and permanent consequences, and even those who should know better – including judges and prosecutors who know California DUI law intimately – sometimes slip up. Fortunately, with the aid of a savvy, experienced attorney, defendants can often find alternative sentencing possibilities and legal mechanisms to battle back against charges. To get efficient, client-focused help with your case, connect with the law offices of Stephen Brodsky today. Explore our website, CriminalAttorneySanDiego.com, or call or email our staff to set a free consultation.

According to a St. Louis Post-Dispatch article dated June 22nd, 2009, a native San Diegan named Jim Gafney lost his life on US Highway 50 at around 12:40 in the morning when he was hit by a drunk driver. Gafney, 65, was a veteran of the US Navy who had been stationed at Camp Pendleton. He also had worked extensively as a computer engineer. He was on route to Washington DC to protest the federal bailouts for banks and big businesses in what he had deemed “The Mad as Hell Bike Ride Across the U.S.”

Facts of the Accident

According to police reports, Gafney was about halfway to his destination when a 27 year-old man named Leon Marlum hit him from behind in a ’97 Nissan Altima. Marlum fled the scene but was later stopped and arrested by police. He faces an array of charges, including leaving the scene of a deadly driving accident, aggravated DUI, and failure to reduce speed to avoid a crash.

Often drivers like Mr. Marlum who hit pedestrians, bicyclists, or other motorists while driving under the influence react in panic and thus greatly aggravate their potential legal woes. In Southern California, for instance, a DUI offender who flees an injury accident can be charged with a felony and can face severe fines and jail time just for leaving the scene.

For fast and attentive assistance with your San Diego DUI matter, turn to the Law Offices of Stephen Brodsky. Attorney Brodsky has vast experience in dealing with all manner of DUI charges, including vehicular manslaughter and hit and run charges. Find out more about how attorney Brodsky can help you here at www.CriminalAttorneySanDiego.com.

On June 18, 2009, the defense team for 29 year-old Frank White gave its closing arguments in a trial that has gripped much of Southern California. The matter concerns a complicated series of events that took place on March 15th, 2008 which ended with one woman, Rachel Silva, arrested for child endangerment and DUI, and one off-duty police officer, the aforementioned Frank White, arrested for gross felony negligence in the discharge of a firearm.

Order of Events

According to reports, Frank White had been driving with his wife near Old Grove Shopping Center along Route 76, when he was suddenly tailgated by Silva, who was allegedly driving erratically and aggressively. Afraid that the tailgater might be a person whom he had previously arrested, White panicked and ducked into a parking lot. Silva followed him and continued to tailgate and make aggressive actions. At around 9 p.m., Silva pulled even with White’s car, pinning him in his vehicle. Silva then nudged White’s car with hers, prompting him to panic, pull out his police-issued firearm, and point it at Silva’s car. Silva’s eight year-old child (who was in the passenger seat) alerted his mother, who began to dial 911. But before she could place the call, White’s gun went off, causing injuries to Silva’s arm and her young boy’s left knee.

Two hours after the incident, police tested Silva’s BAC and found it to be at 0.15% -- nearly twice California’s legal limit.

Consequences for Both Parties

In 2008, Silva pled guilty to charges of felony child endangerment and a DUI misdemeanor. She is set to be sentenced in July 2009.

Whether the police officer’s defense holds up hinges on whether the jury buys White’s assertion that he had been defending himself appropriately given the circumstances.

While most San Diego DUI cases don’t involve these kinds of suit-countersuit complications, they can nevertheless evolve into drawn-out court battles. To make your best defense, look to the Law Offices of Stephen Brodsky. Find out more about attorney Brodsky’s excellent track record and commitment to client care here at www.CriminalAttorneySanDiego.com.

According to an Orange County Register report dated June 10, 2009, one of the year’s most talked about Southern California DUI cases just got a little more complicated. The April 9th drunken driving crash that took the lives of Anaheim Angels rookie pitcher, Nick Adenhart, along with two other young adults, merited national headlines when the story first broke. Now, new information has surfaced that may complicate the prosecution’s case.

The Facts Alleged

First, let’s recap the details of the accident. On April 9th, a 20 year-old Cal State student named Courtney Stewart was driving Adenhart and two other passengers, Jon Wilhite and Henry Pearson, when her Mitsubishi Eclipse was hit from the side by a minivan that had blasted through a red light. Stewart, Pearson, and Adenhart were all killed in the accident; Wilhite suffered seriously injuries and is still recuperating from them.

The driver of the minivan, Andrew Gallo, was tested two hours after the accident and found to have a blood alcohol concentration of 0.19% (CA’s legal limit is 0.08%).

New Twist -- A Double DUI

Now, more than two months after the crash, the Orange County Coroner has revealed that toxicology tests show that Courtney Stewart had also been DUI at the time of the accident! Stuart was a minor, so her BAC level of 0.06% definitely constituted DUI-level intoxication, per California law, which considers any minor driving with a BAC over 0.01% to be DUI.

The facts of the case (as alleged) still seem to support the prosecution’s argument that Gallo was solely responsible for the accident. However, the prosecution may now have more trouble proving its case against Gallo, particularly in the court of public opinion.

The general lesson here is that new facts can always emerge during the course of a San Diego DUI investigation that can complicate or even completely contradict one’s first impressions about relative guilt and innocence. That’s why it’s so important for people charged with drunk driving in San Diego to connect with capable, battle-proven attorneys, like Steven Brodsky. To find out more about the superlative track record and client-focused approach of Steven Brodsky and his associates, visit CriminalAttorneySanDiego.com now.

The Orange County Register has reported that Heather Elizabeth Azkoul has been convicted of hitting and killing Virginia Cordier in a January 2007 bike accident. According to reports, Ms. Azkoul had been speeding on Beach Boulevard in her 1994 Oldsmobile, when her car slammed into Ms. Cordier's bicycle, killing the biker instantly. Instead of stopping to help, Ms. Azkoul fled the scene in a panic. She was subsequently pulled over later, after being identified by a tow truck driver.

Police found that--a full hour and a half after the accident--Ms. Azkoul still had a BAC level of 0.18%-- 0.10% percent more than the state's legal limit. Ms. Azkoul's attorneys had argued that Ms. Cordier had been riding around without reflectors on her bike and driving in conditions of poor visibility. The jury, however, was not moved by these arguments. They convicted Ms. Azkoul on all counts. The defendant had been arrested for DUI twice before--once in 2002, once in 2004. Her sentencing is pending. She could receive as many as 20 years to life behind bars.

The tragic events of January 23, 2007 were likely only compounded by Ms. Azkoul's decision at the time to flee the scene of the accident. Humans naturally react to stress with "flight or fight" responses--but abandoning a biker you've just run over is neither moral nor legal.

If you ever get into a DUI crash, don't panic or flee the scene. This will only likely compound your legal woes. Instead, take compassionate action--without admitting guilt or otherwise self-incriminating. Then, as quickly as possible afterwards, get legal help to build a sound defense. The Law Offices of Stephen Brodsky may be able to assist. We offer free, totally confidential consultations. Get in touch with us at www.CriminalAttorneySanDiego.com.

On Wednesday May 27, 2009, an Orange County man by the name of Andrew Thomas Gallo was officially indicted on charges stemming from an April 10 accident that took the lives of popular Anaheim Angels’ Pitcher Nick Adenhart and two of Adenhart’s companions. Gallo, 22, allegedly sped through a red light in the early morning hours of April 9th and slammed into a Mitsubishi driven by Courtney Stewart, who was killed along with Adenhart and a law student named Henry Pearson. According to reports, Gallo fled the scene and was pulled over half an hour later by the police. He was arrested and hit with hit-and-run, manslaughter, and felony DUI charges. Allegedly, Gallo’s blood alcohol level upon arrest was 0.19% -- well above the legal California limit for DUI, 0.08%.

Various news outlets have reported on Gallo’s alleged past criminal history. In 2006, he pled guilty in San Bernardino to a different DUI charge and received probation for three years. Just months later, in a separate incident, he was pulled over and charged with not wearing a seatbelt. In 2007, Gallo was arrested for possessing a small amount of marijuana. While this drug possession charge did violate his DUI probation, he was permitted by the court at the time to continue in his alcohol rehabilitation program.

In the wake of the crash that took Adenhart’s life, Anaheim Angels’ fans and players have rallied in support of the fallen pitcher’s family and have made charitable donations in the player’s name.

If you cause a car accident, do not evade police officers or leave the scene hastily. Doing so can greatly exacerbate your potential legal troubles. Instead, get dependable advice and battle-proven representation with your DUI matter. Find out more about one of San Diego’s most highly respected criminal defense and DUI Attorneys here at www.CriminalAttorneySanDiego.com, or call or email to set up a free consultation now.