San Diego Criminal Lawyer Blog

Pop singer Taylor Dayne has pleaded no contest to a reckless driving charge in connection with her March 6 arrest in Beverly Hills, the Associated Press reports. A Beverly Hills Superior Court Judge sentenced Dayne to two years probation and completed a Mothers Against Drunk Driving program.

Dayne was at first charged with driving under the influence, but prosecutors decided later that the reckless driving charge was more appropriate.

What happened to this pop singer is usually what happens in a first-time DUI offense. First-time offenders who are convicted will usually receive probation or alternative sentencing such as community service or counseling. If you have been arrested on suspicion of driving under the influence of alcohol or drugs for the first time, it is very important that you contact an experienced drunk driving defense attorney as soon as possible.

A lot of people do not realize that they only have 10 days to request a DMV hearing after a DUI arrest. Scheduling that DMV hearing and what happens at that hearing could determine whether or not you can keep your drivers license. Even a misdemeanor DUI can bring a DMV license suspension and can change your life. If you lose your license you could lose your job, your independence and your financial security.

Don’t let this happen to you. If you or someone you know has been charged with DUI, please call the Law Office of Stephen Brodsky for a complimentary consultation.

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A man, who was stabbed by his girlfriend during a domestic dispute was later arrested at the hospital on a felony warrant, the North County Times reports. Police responded to a domestic violence incident in the 200 block of Knoll Road in San Marcos where a man was stabbed and was en route to an area hospital.

When police interviewed the victim at the hospital, they found out that he had a felony warrant for his arrest. The man’s injuries are not life threatening and he will be arrested when he recovers. Police are reportedly interviewing the woman under suspicion of domestic violence in San Marcos and trying to determine what happened.

Domestic violence cases are more aggressively prosecuted today than ever before because police and prosecutors are receiving funding from several special interest groups devoted to the cause of domestic violence. The circumstances of arrest in a domestic violence case have changed. Earlier, police would not arrest a man or woman in a domestic dispute in the absence of obvious evidence of serious abuse. Now, police are required to arrest a spouse or partner if one or the other has any visible injury – major or minor – on them.

If you have been arrested on suspicion of domestic violence, you must find an experienced California domestic violence defense attorney who has the experience and the resources to investigate your case, interview people concerned as well as eyewitnesses. If you are facing a domestic violence charge, call the Law Office of Stephen Brodsky for a free consultation.

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A man suspected of driving under the influence in San Diego and his passenger suffered serious injuries after their vehicle crashed and rolled over during an early morning pursuit. According to an article in the San Diego Union-Tribune, the pursuit began after a San Diego sheriff’s deputy tried to pull over the driver on the westbound state Route 54 on suspicion of DUI, but the driver did not stop and sped away.

The vehicle, which was then traveling at unsafe speeds, exited Jamacha Boulevard, struck a guard rail, hit a curb and flew down an embankment landing on its roof. Both people who were in the vehicle had to be extricated. Both suffered serious injuries. The driver who was said to be driving under the influence will most likely be arrested on suspicion of felony DUI because of the serious injuries to his passenger.

Felony drunk driving charges, as opposed to misdemeanor DUIs, are extremely serious and will most likely result in prison time, severe penalties, fines and suspension of driver’s license. Anyone who has been charged with felony drunk driving needs an experienced and knowledgeable California DUI defense attorney who will help acquit them or reduce their charges. The punishment or penalties will depend on the defendant’s prior criminal record as well.

If you have been charged with drunk driving, call the Law Office of Stephen Brodsky for a free, comprehensive and completely confidential consultation.

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A man found guilty of drunk driving in San Bernardino, who slammed his car at high speed into a 22-year-old woman crushing and killing her, has been sentenced to 15 years to life in prison, according to this news report. Susanna Rey was reportedly unloading gift wrapping paper from the trunk of her car when 35-year-old John Linares Cuellar crashed his Dodge pickup into her.

Cuellar had two prior misdemeanor drunk driving convictions and was on probation during this DUI incident Dec. 6, 2004. Cuellar pleaded guilty on May 16 to gross vehicular manslaughter while intoxicated.

Repeat DUI offenders are at risk for the strictest DUI penalties. First-time offenders who get charged with misdemeanor DUIs often get away with probation or alternative sentencing such as community service. But repeat offenders, especially those who get into accidents where people are killed, run the risk of getting a lengthy prison sentence – as in Cuellar’s case. Major injury DUI cases or fatal DUI accidents in California are always treated as felonies and prison time is a given in these cases.

If you have been arrested on suspicion of a felony DUI, you need a competent, experienced and knowledgeable DUI defense attorney on your side who can thoroughly investigate the facts and look at all sides of the story. A good criminal defense attorney will look into whether an arrest violated your 4th Amendment rights against unreasonable search and seizure; whether the police explained your right to be silent (Miranda rights) before you were questioned; and whether there was a proper chain of custody for any evidence seized.

If you or someone you know has been charged with a felony DUI, call the San Diego DUI defense lawyers at the Law Offices of Stephen Brodsky for a free consultation as soon as possible. We may be able to get you an acquittal, reduce charges, keep you out of jail and get you the help you need.

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California Highway Patrol officials reported 154 people arrested for drunk driving in San Diego County over the Fourth of July holiday weekend on freeways, surface streets as well as unincorporated areas, the San Diego Union-Tribune reports. CHP officers reportedly arrested 1,704 drivers on suspicion of DUI.

Holidays are when local law enforcement agencies crack down on drunk drivers or those drivers who are operating their motor vehicles under the influence of alcohol or drugs. Driving under the influence (DUI) in San Diego is considered a criminal offense. You could be charged with a misdemeanor, which is a lesser offense or a felony, which is more serious and could result in stiffer penalties and jail time.

If the incident involves an accident, the charges will get more serious depending on whether there are injuries or deaths. Fatal DUI accidents could mean a lengthy prison sentence. It is very important that you have a competent and experience DUI defense attorney handling your case.

Even a misdemeanor could cost you in terms of money, time and your reputation. Your chances at certain types of employment could be adversely affected if you have a DUI conviction on your record. If you or someone you know has been arrested on suspicion of drunk driving, please contact an experienced San Diego DUI defense attorney at the Law Office of Stephen Brodsky to discuss your case. We will provide you with the best possible legal options and the best defense to help keep you out of jail and get you the help you need.

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Police have charged 27-year-old Jesse Rolando Astorga of Phelan, California of murder in connection with a Rialto DUI accident that killed a 2-year-old girl and severely injured her mother, father and younger brother, the Los Angeles Times reports. Astorga reportedly lost control of his sport utility vehicles, which jumped the curb and hit the victims.

Astorga was driving north in the 200 block of Willow Avenue while the family biked south on the sidewalk. Astorga also tried to flee the scene after striking the victims, the report said. But one of the victims followed Astorga and notified police officials who then caught up with him and arrested him.

This is the worst-case scenario for a DUI driver. In terms of DUI punishments, murder is the most serious charge a DUI driver can end up facing. Murder of course carries a stiff prison sentence, restitution and fines. Defendants, if convicted, could end up with a lengthy prison sentence. The evidence is key in DUI cases especially where hit-and-run is involved. Mistaken identity is a common problem in these cases. The fact that one person died and three others were severely injured made this a serious criminal incident with the possibility of harsh punishment.

Anyone who is facing a DUI felony or murder charge in connection with driving under the influence must retain the services of a competent and experience attorney, who knows how to navigate California DUI laws. It could make the difference between freedom and life in prison. If you have been charged with a DUI felony, call the Law Office of Stephen Brodsky for a free consultation.

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An man is facing murder charges in Oceanside the death of a Carlsbad woman whose body was found in a car, the San Diego Union-Tribune reports. Juan Sebastian Ambrocio, 24, was arrested after he called Oceanside police officers and told them that he had killed his 32-year-old girlfriend.

Ambrocio reportedly directed officers to a parked vehicle in Oceanside where they found the strangled body of Norma Fiero Lopez. According to a preliminary investigation conducted by officials, Lopez was killed two days earlier in Lincoln Acres near National City. Ambrocio and Lopez were reportedly involved in a romantic relationship. The case is being handled by San Diego County Sheriff’s Department investigators.

Being charged with any violent crime in San Diego – be it murder, homicide, rape or robbery – brings with it serious consequences. A person convicted of murder faces severe penalties such as restitution and life in prison. Some murder cases could also have the death penalty attached to them and some defendants are sentenced to life in prison without the possibility of parole.

If you or a loved one has been charged with murder or homicide in San Diego, please call an experienced San Diego criminal defense attorney at the Law Offices of Stephen Brodsky. We will analyze your case and come up with the best possible defense to get you acquitted or reduce charges. Call us today for a free consultation.

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A Torrance man suspected of driving under the influence of alcohol caused a fatal DUI crash in Gardena, killing the other driver, according to an article in the Daily Breeze. John Henry Guerrero, 24, has been arrested and charged with felony DUI and vehicle manslaughter after the crash that occurred at El Segundo Boulevard and Normandie Avenue.

Guerrero was reportedly driving a gray Chevy Silverado truck south on Normandie when it crashed into an eastbound Ford Mustang. Police say it is too early to tell whether Guerrero ran the red light at the intersection. As of now, officials say there are no witnesses to the crash. The driver of the Mustang was pronounced dead at the scene.

A felony drunk driving crash, especially one that involves a fatality is a serious offense. If convicted, the defendant is looking at a lengthy prison sentence, hefty fines and losing his or her driving privileges. Those in need of California DUI defense also face other challenges such as keeping their jobs and preserving their name and reputation while fighting the charges.

If you have been charged with DUI, you need an experienced and knowledgeable DUI defense attorney who can get you acquitted or reduce your charges. A competent criminal defense attorney will be able to get you alternative sentencing such as drugs and alcohol counseling or community service. The goal of any good criminal defense attorney should be to keep you out of jail and get you the help you need. Have you been charged with driving under the influence? Call the Law Office of Stephen Brodsky for a free evaluation of your case.

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A San Diego drunk driving suspect who police officers say was involved in a high-speed street race was arrested after he crashed into a van stopped at a red light. According to a news article, the suspect was driving a Cadillac on Rosecrans Street as he was racing another vehicle when he rear-ended a minivan that was stopped at Midway Drive

Two people in the minivan and the driver of the Cadillac were taken to a hospital with minor injuries. The driver of the other car spun out, but remained uninjured. According to officials, both drivers who were racing are members of the military.

DUI crashes involving injuries are far more serious than solo crashes or non-injury accidents. This San Diego DUI arrest would be even more serious because it also involves the charge of street-racing, which is illegal in San Diego as well as in the state of California.

A DUI charge could involve jail time, losing your driver’s license and stiff financial penalties. If you have been charged with drunk driving or street racing, you need an experienced and knowledgeable drunk driving defense lawyer on your side. Don’t settle for an inexperienced attorney to defend you against a serious charge. Experience and track record count.

Call the Law Office of Stephen Brodsky to discuss your case free of charge. We can help you get acquitted, reduce your charges and get you the help you need.

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Chicago Bears running back Cendric Benson has been charged with driving under the influence of alcohol in Austin, Texas, after he failed a field sobriety test. According to an Associated Press news report, Benson was charged with driving while intoxicated and then released by bond.

This is Benson’s second arrest in a month. Most recently he was charged with boating while intoxicated and resisting arrest. Benson has denied those charges. According to Austin police officials, Benson, who was pulled over for running a red light, refused to take a breath test or provide blood samples.

Driving under the influence is the most common offense in our communities. However, these cases get a lot of attention when they involve celebrities. A person arrested on suspicion of DUI could be charged with a misdemeanor or felony DUI, depending on his or her record and also if there were serious injuries.

If you are arrested in suspicion of drunk driving, you have the right to refuse field sobriety tests and the portable breath test. However, California law mandates that you take a blood or breath test after you are arrested. It is always advisable to take the blood test because breath specimens are never preserved whereas blood specimens are preserved and can be retested later. Not performing field sobriety tests is in your best interest because they are inaccurate and ineffective.

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A couple was arrested on suspicion of robbery in Vista at a grocery store after a sheriff’s deputy spotted Arizona license plates on their car and connected them to the robbery, the North County Times reports. Police arrested Manuel Palacio, 33 and his girlfriend Maria Angeles, 27, when they were driving in the 300 block of West Los Angeles Drive when San Diego Sheriff’s Deputy Paul Michalke recognized their vehicle as the one described by a witness in a May 29 robbery at the Stater Bros. on East Vista Way, the article states.

Police say the couple was in the getaway car used by three alleged robbers, one of whom filled a cart with groceries and tried to get out without paying for them. When a store employee tried to stop them and demanded that they pay for the merchandise, one of the three people brandished a gun at the employee, officials say. Palacio and Angeles were also reportedly seen on a surveillance video obtained during the robbery investigation. Police also say that their statements immediately after their arrest “tie them to the robbery.” Police are still looking for the man who brandished the gun.

Robbery is among the more serious of property crimes, especially because it involves the elements of physical threat, violence and use of a weapon. A robbery conviction could mean a lengthy prison sentence, a permanent dent on your record and of course, fines and penalties. If you or someone you know has been charged with robbery, theft or burglary, please call the Law Office of Stephen Brodsky for a free consultation.

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Police arrested teenager on suspicion of stabbing a man in Lake Elsinore during a fight. According to an article in The Californian, the boy is 17 years old and remains unidentified because he is a minor. Officials say the incident occurred in the 28500 block of 11th Street. Police arrested the teen after receiving reports of the stabbing. Officers stopped a speeding car and determined the teen, who was in the vehicle, stabbed the man.

Police also arrested the second person in the car about whom no information is available. According to the article, the victim who was admitted to an area hospital, talked to officials and confirmed the two people’s involvement in the stabbing. The 17-year-old reportedly pulled out a knife and stabbed the man on the left side of the chest during their fight. The victim, who has also not been identified, is said to be in stable condition and his injuries, non life-threatening.

When older minors commit violent crimes such as homicide, assault with a deadly weapon, robbery or gang-related crimes, they could be tried as adults. The difference is while juvenile court proceedings are shielded and protected from the public and the media, proceedings in adult court are wide open.

It takes an experienced criminal defense attorney with a thorough knowledge of San Diego juvenile defense law to handle these cases in a competent yet sensitive manner. If your child has been accused of a crime, call the Law Offices of Stephen Brodsky for a complimentary and confidential consultation.

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Posted In: Juvenile Crimes , Violent Crimes

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