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3 Big Mistakes made by a Drunk Driver found in Jennifer Aniston’s Yard

3 Big Mistakes made by a Drunk Driver found in Jennifer Aniston’s Yard

A little over a week ago, on Saturday March 14, a man allegedly DUI (driving under the influence) hit a curb and plowed his car through Jennifer Aniston’s yard.  Talk about someone being star struck, or better yet; a star’s yard being struck.  From my legal perspective as a DUI and criminal defense attorney, three major mistakes were made by this alleged drunk driver, which I will elaborate on after sharing the story.

It was reported that Aniston’s security guard immediately called 911 to handle the unusual situation.  Police showed up to the actress’ Bel Air estate a little after 8:30 pm.  Upon questioning, the man told police that he was not the driver of the car, and that someone else had been behind the wheel.  Unfortunately, his claim was quickly shot down due to the un-arguable video footage recorded by Jen’s state-of-the-art surveillance cameras clearing showing the man as the driver.

Police suspected the man of DUI and asked him to take the voluntary DUI field sobriety tests.  Unfortunately, the man agreed to the tests – and needless to say he failed miserably and was arrested for DUI.

From my professional point of view, there were clearly 3 Big Mistakes made by this alleged drunk driver right from the get go;

1. He failed to immediately contact his DUI criminal defense lawyer. When in any type of accident related to drunk driving, or driving under the influence of drugs, the first thing an uninjured person should do is call their DUI criminal defense attorney. Their attorney will be able to provide advice on what to do and what not to do. If you do not have a DUI lawyer’s phone number programmed into your cell phone, do so now; David O Defense (206) 459-6392, we are available 24/7.

2. Don’t talk to law enforcement without your attorney present.  This man tried to talk his way out of being arrested for DUI by saying he wasn’t the driver, however, his statements were proven to be lies and now he could face the additional criminal charge of obstruction.  Additionally, by lying he has tarnished his credibility.  If he would have exercised his right to remain silent, and chose not to talk to cops, he would be in a much better position to defend his DUI charge.  Don’t talk to cops.

3. Don’t agree to take the DUI field sobriety tests, they are voluntary.  The man chose to take the DUI field sobriety tests and he failed, as most people do.  The tests are challenging and can be difficult to pass even when an individual is sober.  Additionally, the tests are voluntary and police must respect an individual’s decision to not take the tests.  By not taking the DUI field sobriety tests, a person is generally in a better position for defending their DUI charge.

Lawmakers are Trying Again To Make 4th DUI Conviction a Felony Charge

Lawmakers are Trying Again To Make 4th DUI Conviction a Felony Charge

Senator Mike Padden, Republican – Spokane Valley, for the second time is trying to push a bill into law that will make a 4th time DUI conviction within the past 10 years a felony conviction.  Currently, Washington State law mandates that a 5th DUI (Driving Under the Influence) charge within the past decade is a felony DUI charge.

It was only a year ago, when Senator Padden first tried to present his bill to lower the felony DUI threshold, but the bill lost momentum and was quickly turned down due to financial cost concerns for imprisoning more drunk drivers found guilty of a felony DUI.  Padden believes this year will be different, he spoke this past Wednesday sharing that his new bill, Senate Bill 5105, has more support from both Senate Democrats and fellow Republicans.

“I think it’s a matter of priorities,” Padden said. “… We may need another prison, or to put one that we have in mothballs into operation.”

Changing Washington State felony DUI law is not a new novel idea.  In 2013, after a string of drunk driving related fatalities, Governor Jay Inslee’s work group also made the same recommendation, to lower the felony DUI level from 5 to 4.  Additionally, neighboring States have had harsher felony DUI laws existing for years.  Both Oregon and Idaho have laws that make a driver’s 3rd DUI charge within 10 years a felony DUI charge.

Padden and fellow supporters of the bill believe that tougher DUI laws will help deter repeat drunk driving offenders and that increased penalties for those who do repeatedly offend will perhaps get the help they need while keeping them off the roads aiding in lowering drunk driving related accidents.

Being convicted of a felony DUI is no joke.  Here in Washington State, if an individual is  found guilty of a felony DUI he or she could face up to 5 years in prison and a maximum fine amount of $10,000.00.  The actual sentence is determined by a judge who calculates the individual’s “offender score” which is based on points for current and prior criminal convictions (unless the individual is a minor).  Additionally, the Judge would revoke the individual’s driver’s license for many years.

Senate Bill 5105 will go before the Senate Law and Justice Committee soon.

 

Continue to follow our Legal Blog at David O Defense for all the current DUI and criminal defense happenings in our cities and in Washington State.  “DUI and criminal defense is what we know and do best!”

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Fighting For Client’s Rights – No Fear in Taking Criminal and DUI Cases To Trial if Necessary

Fighting For Client’s Rights – No Fear in Taking Criminal and DUI Cases To Trial if Necessary

Our mission statement at David O Defense is “Fighting for Rights, Providing Peace of Mind, & Serving the Community.”  We don’t take our stance in “Fighting for Rights” lightly, it describes our commitment to defend our clients to the fullest to achieve the best possible case resolution – even if that means putting on our legal boxing gloves to fight for our client by taking their case to trial.

David O Defense isn't afraid to put on the boxing glovesA major attribute that separates David O Defense from other law firms, is that the lawyers at David O Defense are not afraid to take a case to trial.   If it’s in the client’s best interest to go to trial our attorneys will be prepared.

One may assume, “don’t all lawyers take criminal and DUI cases to trial, isn’t that just part of their job?”  The answer is NO, many attorneys don’t want to take a case to trial.  Reasons a defense attorney doesn’t want to take a case to trial may include; the attorney doesn’t want to work that hard, they don’t really care about their client or their client’s future, they don’t want to spend the time and energy necessary to properly prepare for a trial, they aren’t a good trial attorney,  they don’t want to look foolish in front of their client or judge or jury, they don’t believe in the client, and finally the attorney may not believe they can win the case so they don’t even try.  Thus, unfortunately, to avoid going to trial these attorneys convince their client to plead guilty to the original charge or convince their client to take a bad plea deal even when it’s not in the clients best interest.

Here at David O Defense, it is all about our client’s best interests and achieving the best possible case resolution.  Our criminal and DUI defense lawyers are committed to each and every client, and are willing to put in the hours necessary to properly prepare for trial.  Our attorneys are confident in their trial skills and enjoy the challenge of presenting a proper defense.  Our attorneys know we can’t always win every case but that does not stop us from preparing and having that intention for our clients.  We don’t prepare to lose for our clients we prepare to win.