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DUI Arraignment Today for Actor John Stamos

Written by David O
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DUI Arraignment Today for Actor John Stamos

At some point today, 52-year-old actor, John Stamos will be in front of a Los Angeles Court Judge today for arraignment of his DUI charge.  He is facing one misdemeanor count of DUI which is a result of his June 12th arrest, when he was allegedly driving erratically and behaving strangely.

It appears that drugs were the culprit of Stamos’s DUI and alcohol was not a factor.  Prosecutors are saying that the hospital records revealed drugs in Stamos’s body but they are not sharing what type of drug.

A DUI involving drugs and a DUI involving alcohol are essential the same charge, “Driving Under the Influence” thus the penalties are the same.

If found guilty of this DUI charge, Stamos, aka “Uncle Jesse” on the 1987-1995 sitcom “Full House” could face up to 6 months in county jail.

What is an arraignment and what happens?

An arraignment is the first appearance in court, which is referred to as the “arraignment hearing.” At this hearing the person accused, called the defendant, is formally told of the crime(s) he or she is accused of and is advised of his or her rights. The judge will want to hear the defendant plead guilty or not guilty. ** The DUI and criminal defense attorneys of David O Defense strongly encourage every defendant to plead not guilty at the arraignment hearing.** After the defendant pleads not guilty the court will consider whether or not to take the defendant into custody while the case is pending or consider conditions of release.

Examples of conditions of release could include but are not limited to:

  1. Bail (monetary collateral to the court to guarantee an individual’s presence in court when scheduled).
  2. Law abiding behavior.
  3. No contact with certain persons.
  4. Installation of an ignition interlock.
  5. No driving under certain conditions.
  6. Required electronic home monitoring with alcohol detection devices.
  7. Random urinalysis test.
  8. Released on personal recognizance (simply agree to return back to court as scheduled).

To learn more about how the courts proceed with DUI or criminal cases see our page Criminal Court Process.

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Talk to Your Teen about DUI and Driving Safety

Written by David O
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Talk to Your Teen about DUI and Driving Safety

October 18th-24th is National Teen Driver Safety Week, a campaign created by The National Highway Traffic Safety Administration (NHTSA).  The campaign is titled “5 TO DRIVE” and encourages parents to take the time to talk to their teenagers about 5 dangers of driving of which includes; driving under the influence (DUI) of alcohol, texting, speeding, seat belts, and extra passengers.

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Remember, “5 to Drive” – Set the Rules Before They Hit the Road.

  1.  No Cell Phones While Driving
  2. No Extra Passengers
  3. No Speeding
  4. No Alcohol
  5. No Driving or Riding Without a Seat Belt

The NHTSA states that, “Motor vehicle crashes are the leading cause of death for 14-18 year olds in the US. In fact, in 2013, there were 2,614 teen (15-19 year old) passenger vehicle drivers involved in fatal crashes and an estimated 130,000 were injured. Yet, a recent survey shows that only 25% of parents have had a serious talk with their kids about the key components of driving.”

Parents, it’s an easy conversation to have with your kids, and very necessary!  It is very likely that teenagers have no idea of the consequences they could face if they do not follow the 5 TO DRIVE rules.

For instance; if a teenager or any individual under the age of 21 has ANY alcohol and they choose to drive, they could be arrested and charged with DUI.  In all 50 states a ZERO TOLERANCE policy is in place for minors, meaning a minor cannot consume any amount of alcohol and drive, not even a sip.  If a teenager/minor is charged with DUI and their blood alcohol concentration (BAC) level was between .02-.07  the could face 0-90 days in jail, $0-$1,000 fine, required installation of an ignition interlock device for 1 year, and their license would be suspended for 90 days.  If their BAC level was .08 or above it would be considered an adult DUI and they would face steeper consequences if found guilty.

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Parents remember to take a few minutes to help keep your teenagers safe, tell them about safe driving,  5 TO DRIVE.  Also talk to your teen about DUI, not only about driving under the influence of alcohol but also being under the influences of drugs such as marijuana.  If you have any questions about teenage DUI of alcohol or drugs, visit the NHTSA website or call David O Defense attorneys at 206-459-6392 for legal help.

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Let’s Talk – DUI Penalties

Written by David O
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Let’s Talk – DUI Penalties

Washington State is one of the toughest states in the nation when it comes to punishing those found guilty of DUI, Driving Under the Influence.  Even first time DUI offenders with no criminal history often suffer consequences such as suspended driver’s license, fines, and jail time.  And with each additional DUI charge, the consequences quickly become steeper and harsher.

So let’s talk about DUI penalties.

DUI also called DWI, Driving While under the Influence, is a crime handled at the state level. DUI penalties are mandated by the court and are determined by; the amount of alcohol consumed (breath test level), refusal of the breath test, prior DUI history, whether there was property damage while under the influence, or injuries to persons as a result of the DUI, and other criminal history.

In Washington, the maximum penalties for a DUI are 364 days of jail, $5000 fine and loss of license.  The minimum penalties for a first offense DUI if a person blew under .15 are one day of jail, $350 fine, and loss of license for 90 days.  The minimum penalties for a first offense DUI if a person blew over .15 are two days of jail, $500 fine, and a loss of license for one year.  The minimum penalties for a first offense DUI if a person refused to submit to a breath test at the station are two days of jail, $500 fine, and a loss of license for two years.

The minimum penalties for a second offense DUI within seven years, if a person blew under .15 are 30 days of jail, 60 days of electronic home monitoring, $500 fine, and a loss of license for two years.  The minimum penalties for a second offense DUI within seven years, if a person blew over .15 are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 900 days.  The minimum penalties for a second offense DUI if a person refused to submit to a breath test at the station are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 3 years.

The minimum penalties for a third offense DUI within seven years, if a person blew under .15 are 90 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program (ex: scram device), 120 days of electronic home monitoring, $1000 fine, and a loss of license for 3 years.  The minimum penalties for a third offense DUI within seven years, if a person blew over .15 are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.  The minimum penalties for a third offense DUI within seven years, if a person refused to submit to the breath test at the station are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.

DUI penalties can have a negative impact on someone’s life and this is one of the reasons it is important to contact a DUI defense attorney when charged with a DUI.  An experienced defense attorney will work hard to minimize DUI penalties, or possibly eliminate the DUI penalties all together by getting the DUI charge reduced to a lesser charge or by dismissal.

The attorneys at David O Defense are experienced and have a proven track record of serving our clients.  Give us a call today if you have been charged with DUI, we offer free legal consultations, 206-459-6392.

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