Fresno Criminal Lawyer Blog

CBS47 reported 85 drivers were arrested and charged with DUI in Fresno last week. DUI checkpoints are planned in Fresno County and Madera County through New Year's weekend.

The Fresno Business Journal reported this month that two Fresno-based companies, "We Be Sober" and "Designated Driver, Inc." will pick up an intoxicated client, and drive his vehicle home.

Fresno DUI Defense Attorney Michael E. Mitchell and the staff at our law offices wish each of you a safe and enjoyable New Year's weekend. Please celebrate responsibly and call for a free consultation if you need experienced legal advice.

As we reported earlier this month on our Fresno Criminal Lawyer Blog, the federal government is pouring $7 million into anti-drunk driving advertising and sobriety checkpoints will be prevalent through the upcoming New Year's holiday.

One of the company's was founded after Men's Health listed Fresno as the "Drunkest City in America." The city ranked fourth in per-capita DUI arrests and 16th in fatal DUI crashes.

Average cost of a ride home: $25 to $40 depending on distance. Average cost of a DUI conviction: at least $10,000.

Consequences of a DUI conviction can include job loss, loss of your driver's license, thousands of dollars in fines and court costs, skyrocketing insurance premiums and an inability to hold certain jobs or occupational licenses. Additionally, having a drunk driving conviction on your record can make it more likely that you will be stopped in the future and ticketed again. Hiring an experienced DUI lawyer to fight for your rights can be your best bet to protect your freedom, your livelihood and your financial well-being.

Continue reading "Enjoy the New Year, celebrate responsibly, call if charged with DUI in Fresno" »

The Fresno Bee reports that nine motorists were charged with drunk driving at a DUI checkpoint in Fresno earlier this month.

Fresno DUI Defense Attorney Michael E. Mitchell and the staff at our law offices wish each of you a safe and enjoyable holiday season. Please celebrate responsibly. Know that authorities will be conducting checkpoints and looking to make drunk driving arrests. And call for a free consultation if you need help.

As we previously reported on our Fresno Criminal Lawyer Blog, Fresno leads the nation in the number of sobriety checkpoints conducted by law enforcement. These roadblocks have not been shown to be a deterrent to drunk drivers, result in very few of the state's DUI arrests and are a danger to motorists and the law enforcement officers who work them. But they pay overtime and as long as the state and federal grant money keeps flowing, so will the traffic through area checkpoints.

Law enforcement must obey strict rules when conducting such checkpoints. And those facing drunk driving charges as a result of a checkpoint stop generally have more grounds upon which to contest the charges. Such charges should always be fought by an experienced drunk driving defense lawyer.

The National Highway Traffic Safety Administration is reporting that the federal government is pouring $7 million into anti-drunk driving advertising between now and the new year. And federal authorities are pushing states to adopt mandatory BAC testing.

Motorists do not have to take breathalyzer testing when accused of a DUI. California's implied consent law means you will automatically lose your license if you refuse to test. However, you will lose your license anyway if you are convicted of drunk driving. By refusing the tests you are denying prosecutors a key piece of evidence used to convict you.

Nor are you required to submit to a blood or urine test for the presence of alcohol or drugs. There are a few exceptions under which you may be forced to submit to testing, including cases in which a serious or fatal accident occurred. In the absence of a blood or urine test, proving a motorist was operating under the influence of drugs can be extremely difficult.

The government is hoping to encourage states to pass laws that would require all motorists accused of drunk driving to submit to testing. Law enforcement officers would use on-call judges to obtain warrants on the spot.

"The 'No Refusal' strategy helps support prosecutions and improves deterrence, which means fewer drunk drivers on the road," NHTSA Administrator David Strickland said. "I want to remind everyone this holiday season: if you're over the limit, you're under arrest. So please, for safety's sake, find a designated driver or take a taxi if you are under the influence."

Continue reading "Fresno DUI defense firm wishes you a safe and enjoyable holiday season" »

Five suspects are facing gang charges after being accused of being members of the Bulldogs street gang in Fresno, the Monterey Herald reported.

A Fresno gang defense attorney should always represent juveniles or adults facing gang charges in Fresno or the surrounding area. In some cases, gang enhancement can lead to a longer prison stay if convicted. In other cases, a life sentence is possible. Fresno juvenile defense attorneys must be particularly vigilant in fighting any allegations of gang association. Once such an association is made, it can lead to stiffer penalties for gang crimes in the future and can make it that much more difficult to fight the allegation of gang involvement in the event of future criminal charges.

Gang enhancements are frequently abused by law enforcement and prosecutors and can significantly impact the potential penalty for a crime. The law makes it illegal to be involved with a street gang, a neighborhood gang, a motorcycle gang or other group engaged in criminal activity. However, there are more than 30 different criteria prosecutors can use to allege you are affiliated with a gang. Wearing clothes of a certain color, or being affiliated or photographed with someone who is affiliated with a gang can be enough to get charged with a gang offense.

In this case, the three are charged in Salinas on a 28-page complaint, alleging a multicounty crime spree. They are facing 17 felony counts, including vehicle theft, robbery, resisting arrest and attempted murder of a sheriff's deputy. Authorities allege they stole a Lincoln Navigator on Sunday in Fresno and drove to Pacific Cove, where they are charged with fleeing from a traffic stop. Two instances involved gunfire over the next several hours as they made their way down the coast.

San Luis Obispo deputies opened fire on the vehicle, flattening the tires and wounding the driver. The defendants range in age from 21 to 32 and are being held on bail as high as $1.6 million. Several of the defendants face the possibility of life sentences if convicted of the attempted murder of a man sleeping in his car in Big Sur.

All of the defendants have been charged with gang enhancements.

Continue reading "Gang charges in Fresno require aggressive defense for juvenile, adult defendants" »

King County Supervisor Richard Valle has been accused by a second woman of sexual assault while she was incapacitated by drugs or alcohol, the Fresno Bee reported.

Anyone facing allegations of sexual assault should contact a Fresno criminal defense attorney at the earliest signs that an investigation is under way. Particularly, when drugs or alcohol are involved, an alleged victim sometimes has regrets and makes false allegations against an innocent defendant. In many cases involving allegations of sex crimes, the case comes down to the statements made by the victim and the defendant. DO NOT talk to investigators or authorities until you have consulted with an attorney. Detectives understand you are embarrassed by the possibility of being charged with a sex crime, and will often use that to get you to give a statement. Such statements will not be helpful to your case, will be used against you in court, and may conflict with your future defense strategy.

We reported in September on our Fresno Criminal Lawyer Blog when the first allegations came to light. Valle denied the charges of sexual assault on an unconscious or intoxicated female. The 24-year-old woman went to the police station about 3:30 a.m. to report she had been raped in his home.

At that time, Valle, 40, was arrested on four sex-related felonies: oral copulation on an unconscious victim; oral copulation on an intoxicated victim; sexual penetration of an unconscious victim and sexual penetration on an intoxicated victim.

He has been free on $300,000 cash bail. A new charge of sexual intercourse with a victim who was "prevented from resisting by an intoxicating anesthetic and controlled substance" has been added to the charges. If convicted, he faces 3 to 8 years in prison on each count.

Fellow board members said he should decide whether he should resign his position on the Board of Supervisors in light of the most recent allegations.

Continue reading "King County supervisor facing additional allegations of sexual assault" »