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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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Serving The Community – The DUI and Criminal Defense Lawyers of David O Defense Attend the 2015 KABA Banquet

The DUI and criminal defense lawyers of David O Defense are happy to announce that they had a great evening last night attending the KABA, Korean American Board Association, 2015 Annual Banquet.  Senior defense lawyer, David O, was honored to contribute his charisma and humor by mastering the ceremonies for the annual dinner and fundraising event.

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The law firm of David O Defense has been involved in KABA since 2004, believing in the priority and duty to give back to the local community.  KABA is a great association to be actively involved with  –  “The mission of the Korean American Bar Association of Washington (KABA) is to provide professional development, networking and mentorship opportunities to its members and serve the community as a resource by hosting professional, educational, and community events. KABA is committed to leadership, community, and service.”  In addition to attending fundraising events, the attorneys at David O Defense have volunteered their time at the KABA pro bono clinics where they offer three half-hour counseling sessions to pro bono clients residing in King, Snohomish, and Pierce Counties.

During last nights dinner, law students worked diligently to sell five dollar raffle tickets in order to raise money for next years 2016 scholarship awards.  Raffle prizes included gift cards, bottles of champagne, and a round trip ticket to Korea. Unfortunately, the DUI and criminal defense lawyers of David O Defense were a bit unlucky and did not win any prizes but they were more than happy to contribute money to next years scholarship funds.

One of the many highlights of the banquet was the awarding of the 2015 scholarship checks to the deserving law students.  Each year KABA raises funds to give to laws student who have demonstrated a commitment to serving their local community as well as the Korean American community. Two students were chosen this year to receive a scholarship check to apply to their law school tuition.

Another highlight of the evening was listening to inspirational words of keynote speaker, Edward Jung.  Mr. Jung spoke about his passion for making the earth a better place by means of bringing great thinkers from around the world together to create new inventions.  Mr. Jung, founder of Intellectual Ventures, currently holds more than 700 patents worldwide and has over 1,000 patents pending.  His inventions are in the areas of biomedicine, energy, material sciences, computing, and networking.  Directly after Mr. Jung’s speech, MC, attorney David O, walked up to the podium with napkin in hand and threw it up in the air above his head and said what everyone in the room was thinking about Mr. Jung’s presentation, “Wow, now that was mind-blowing!”

The dinner was a successful event and KABA is just one of the areas of community service David O Defense is honored to part of.  The DUI and criminal defense lawyers of David O Defense will continue to serve the community through a variety of different avenues, believing that every small act they contribute beyond themselves will have a positive impact on someone else.