Orange County Defense Attorney
Law Offices of Randall T. Longwith
714-699-4384
Orange County Criminal Attorney Randall T. Longwith is Orange County's County's
Orange County Criminal Attorney Randall T. Longwith recognizes that being charged with the crime of Murder is perhaps the most serious thing that could ever happen on one's life. Most Murder convictions carry a life sentence, some types are even punishible by death.
Although a charge of murder is extremely serious, it is
The Law Offices of Orange County DUI attorney Randall T. Longwith works hard defending our clients arrested for DUI in Orange County as well as all types of Southern California DUI cases. After many years of experience defending DUI and Drunk Driving cases, we have an in-depth knowledge of California DUI Laws, the court process, Department of Motor Vehicles ("DMV") licensing hearings, and all aspects of California DUI defense and related matters. The Law Offices of Orange County DUI attorney Randall T. Longwith represent many clients from Anaheim, Brea, Buena Park, Cypress, Fullerton, Newport Beach, Laguna Beach, Costa Mesa, Santa Ana, Placentia, Mission Viejo, Aliso Viejo, Lake Forrest, Laguna Niguel, La Habra, Huntington Beach, Stanton, Anaheim Hills, Orange, Villa Park, Tustin, Irvine, Cerritos, and Yorba Linda, as well as other cities throughout Riverside, San Bernnardino, and Los Angeles counties. In most cases, the Law Offices of Orange County DUI attorney Randall T. Longwith can make all court appearances for you, thereby allowing you to continue working without interruption. Some of the DUI matters we handle include the following: Drunk Driving; Driving Under the Influence of Alcohol or Drugs; Driving While Intoxicated; Field Sobriety Tests; Breath Testing; Blood testing; Alcohol Evaluations; Driver's License Suspension; Restricted Driver’s License; Underage Drinking and Driving; Vehicular Assault; Vehicular Homicide. The Law Offices of Orange County DUI attorney Randall T. Longwith aggressively protects your rights, your freedom, your driving privileges, and your reputation. Some of the things we do include: Immediately contacting the DMV to Protect Your Driving Privilege by Requesting a Hearing with the DMV; Obtaining a "Stay" on the Suspension; Helping obtain a Restricted Driver's License when necessary; Advising After a California DUI Arrest ; Appearing before Department of Motor Vehicles Officers; Plea Bargaining; Drafting and arguing Motions; Trial Preparation, including Evidence Gathering; Appearing Before All California State Courts of Law; Presenting Cases at Trial before a Judge or Jury.
STEPS IN THE DUI PROCESS IN ORANGE COUNTY:
THE ORANGE COUNTY DUI CAR STOP:
In order to be pulled over for a California DUI, the police must have “reasonable suspicion” or a reason to do so. This reason could be a mechanical problem with your vehicle such as a broken head light to a driving infraction such as an illegal turn, to weaving to an accident. If they suspect that you are driving under the influence of drugs or alcohol, or both, they will require you to submit to breath test or blood test to determine the amount of alcohol present in your blood. You should not refuse this test. You may choose to submit to a breath test or a blood test. When choosing, remember “Breath” evidence cannot be preserved for later retesting by your own expert, “blood” evidence can.
THE CALIFORNIA DUI INVESTIGATION:
There are certain things you should not do during a California DUI investigation. DO NOT enter into a conversation with the police officers regarding when or what you had to drink. You are required only to give your name and address and to produce the necessary documents. But, other than that, you have the right to remain silent. That right is there for a reason. Take advantage of it and remain silent. DO NOT consent to a hand held roadside breath test. These breath tests, referred to as a Preliminary Alcohol Screening Test or PAS are completely VOLUNTARY; You are NOT required to consent to them even if the police officer makes you believe you are.
THE ORANGE COUNTY DUI ARREST:
However, REMEMBER, once you are arrested, you DO have to consent to either a breath or blood test. DO NOT consent to a field sobriety test. These are the tests that require you to walk a straight line, touch your nose, etc. These tests are voluntary and are subject to the interpretation of the police officer giving the test and are not based on scientific fact. If you have already taken a field sobriety test, all is not lost. Fullerton DUI attorney Randall T. Longwith is certified to administer the field sobriety tests. If the tests were given in a flawed manner, he will know and use it to your advantage. knows how ineffective that evidence is in a court of law.
AFTER THE ORANGE COUNTY DUI ARREST:
You must schedule a DMV hearing within 10 days. You will be given a notice of suspension and the DMV must prove that there is sufficient reason for revoking your license. If you do not request a hearing, the suspension will take effect for the legislated amount of time. It is important to remember that the DMV hearing is different from the actual court proceeding that determines your guilt but your failure to exercise your right to a DMV hearing could negatively affect your defense. Please remember, the DMV hearing is not the court hearing. There are actually two sentences that may be imposed, one from the DMV and one from the courts. If you do not schedule a DMV hearing within 10 days you will lose the right to defend yourself against the DMV at a later date.
YOUR ORANGE COUNTY DUI DEFENSE:
Do not get discouraged! Several factors come into play when an attorney who is experienced in California DUI law prepares your defense. DUI cases are very complex. You may feel that you have already been proven guilty because you were told your BAC was above the legal limit. However, your rights are still protected under the constitution. The burden of proof rests with the prosecutor. Mr. Longwith is an experienced DUI trial lawyer. If there is a way to successfully defend your case, he will find it.
Were you stopped by the police because they saw you swerve? If so, did you swerve to miss an object on the road? Did the police notice bloodshot eyes? Were you tired or were your contact lenses bothering you? if you did take a field sobriety test and failed, was it because of medical reasons such as high blood pressure or inner ear problems? Were you feeling intimidated by the interrogation process that may have caused you to become nervous or confused? Did the police officer have the appropriate medical credentials that would support his conclusions? When you were arrested, were your constitutional rights explained to you?
Many factors may cause a breath test to register a false reading. When you took the breath test, had you recently used mouthwash or breath sprays that contained alcohol? Do you have a reflux problem that may have caused stomach contents to re-enter your esophagus? Alcohol that is present in the mouth from breath sprays, burping, etc., may give a false reading. If you were arrested for drunk driving as a result of an accident causing injuries, blood in your mouth may also give a false reading. How long did you wait after you were pulled over before the test was administered? Alcohol enters the blood stream at a certain rate. You may have had a BAC reading of over 0.08 when the test was administered but that does not necessarily mean that you had that reading when you were driving. Mr. Longwith is certified by the police academy to administer the Alco Sensor IV breath test. He is also certified to administer the field sobriety tests. If there is any to attack the breath testing procedure or the field sobriety test procedures, Mr. Longwith will find it. Call Randall T. Longwith today for a FREE CONSULTATION at
714-699-4-DUI
If you are eventually convicted, certain penalties may be imposed a California DUI can lead to jail time, hefty fines of thousands of dollars, probation, months of alcohol classes, and having your drivers license taken away. Mr. Longwith is an experienced and resourceful DUI attorney and can often convince the courts that a jail sentence would not benefit either the client or society. Many alternatives can be more effective such as drug/alcohol treatment, house arrest, etc. An attorney who is experienced in DUI law will introduce these alternative methods of punishment to the courts and may be victorious in keeping you out of jail. Remember that if you are arrested for California DUI you are not alone. MADD reports that, just in The DUI and drunk driving laws in
Don't waste your time with the big firms where your case is handled by a low level associate attorney. At The Law Offices of Orange County DUI Drunk Driving attorney Randall T. Longwith, Mr. Longwith himself handles every case personally. ORANGE COUNTY DUI NEWS:
Tustin Teenger was Warned Before DUI Orange County DUI Murder. After drinking several shots of rum at a house party last year, Milad Moulayi was very drunk. However, since he was such a good host, he thought he should drive a few of his friends and classmates home that night. Jessica Dove and a few of her friends told Moulayi that he was too drunk to drive and refused to get into the car with him. However, Mackenzie Frazee was anxious to get back home since she had sneaked out of her parent's home, so she got into the car with Moulayi. As Moulayi, who was 17 at the time, was driving her home, he lost control of the car driving at 100 mph, drove over the center median, knocked over two road signs and slammed into a light pole. The crash cut the Mercedes into two. Frazee died immediately from massive blunt force trauma. Moulayi had just a few scrapes and was taken to the hospital. His blood alcohol level was a .10%. Moulayi is being charged as an adult for the crime of second degree DUI murder. The Orange County District Attorney claims that Moulayi was warned by his friends that he was too drunk to drive but he decided to drive under the influence anyway and endanger human lives so he should be charged with second degree DUI murder instead of DUI manslaughter. If he gets convicted, he will likely spend 15 years to life in prison for DUI Murder. At 17, juveniles do not know what alcohol can do to them and their decision making part of their brain has not been fully formed yet. Unfortunately for Moulayi, because of one stupid decision, he will be spending the majority of his young adult life in prison. If you are in a similar situation, whether you live in Laguna Niguel, Fullerton or Newport Beach, a good attorney may be able to get the district attorney to charge the defendant as a minor, thereby reducing his sentence. Call Orange County DUI Lawyer Randall T. Longwith today at (714) 699-4-DUI --------------------------------------------------------------------------------------- Drunk Fullerton Woman Pleads Guilty to Fatal Crash After celebrating her friend's 30th birthday party at California Girls Gentleman's Club in Santa Ana in July, Lynette Ann Hunt was drunk in Orange County. Nevertheless, she still decided to drive drunk with her friends, Vanessa Herada and Maria Zamarripa, that night. Witnesses said they saw Orange County resident Hunt drunk driving and weaving in and out of lanes on the 91 freeway in Orange County before her car skid out of control, went down an embankment, rolled over and ejected Herada and Zamarripa. California Highway Patrol arrived and noticed Hunt's breath smelled like alcohol, she was slurring her speech and her eyes were bloodshot. Her blood alcohol level was a .15%. Herrada was pronounced dead at the scene of the crime from major head trauma. Zamarripa was taken to the hospital and died from severe internal injuries. Hunt suffered a few broken bones. On Monday, in Fullerton, Hunt pled guilty to felony vehicular manslaughter with gross negligence while intoxicated, misdemeanor driving on a suspended license and to the sentencing enhancements of causing great bodily injury and having a blood alcohol level of above a .15%. She is expected to serve about 6 years in state prison. It is so unfortunate that Hunt decided to drive her friends that night. Even when you are drunk, you know when your friends are drunk and her friends should have known not to get in that car. Unfortunately for Hunt, she killed her close friends and will think about it for the rest of her life. If you get a DUI, you will need an experienced attorney to help you through the legal process. Call Orange County DUI Lawyer Randall T. Longwith today at (714) 699-4-DUI -------------------------------------------------------------------------------------------------------- August 5, 2009 Trial Set for Anaheim Angel's Pitcher Killer With a blood alcohol level of three times the legal limit, Andrew Thomas Gallo, 22, decided to drive. He ran through a red light in Fullerton in April and hit a Mitshubishi Eclipse. Inside the Eclipse was Angel's pitcher Nick Adenhart, college cheerleader Courtney Stewart, law student Henry Pearson and former Fullerton baseball player Jonathon Wilhite. Adenhart, Stewart and Pearson were killed. Gallo was charged with three counts of second degree murder, drunk driving causing great bodily harm, hit and run and driving on a suspended license because of a former DUI. He also received sentencing enhancements for injuring Wilhite and a passenger in his car, Raymond Rivera. His pretrial hearing will begin on September 11, 2009. If he is convicted of all these charges, he faces between 54 years to life in jail. Gallo faces so much time in prison for an act he obviously did not think through or intend to do. Of course in retrospect, I am sure it is clear to him that he should not have driven. If you are ever feeling tipsy or drunk, ask someone else to drive. Whether you live in Lake Forest, Huntington Beach or Yorba Linda, if you get a DUI, you need an experienced defense attorney on your side. Call Orange County DUI Lawyer Randall T. Longwith today at (714) 699-4-DUI Marine Killed in DUI Accident in Orange County Andrew Steuber, of Camp Pendleton's second Batallion and first Marines division, was driving his Ford Mustang this weekend with Cpl. Edmond K. Vandecasteele IV, of Camp Pendleton's first Batallion and first Marines division, in the passenger side. Steuber was speeding and intoxicated when he crashed his car into a tree in San Clemente on Saturday night. He was taken to Mission Hospital in critical condition. Vandecasteele was killed immediately at the scene of the crime. He was a skilled ammunition technician who had received multiple service awards. Two other Marines were in the backseat and were only slightly injured. It is unfortunate that such an experienced Marine died. Hopefully Streuber has a speedy recovery, although once recovered, he will likely be facing DUI manslaughter charges along with other Orange County DUI charges. This incident will likely be grounds for military discharge of Streuber. Whether you live in Irvine, Newport Beach or Fullerton, if you get a DUI, get an experienced DUI defense attorney to help you. Call Orange County DUI Lawyer Randall T. Longwith today at (714) 699-4-DUI Westminster City Councilman Arrested for DUI On Saturday night, after dinner with his friends, Westminster City Councilman Andy Tuan Ngoc Quach accidentally slammed his car into a power pole and knocked out power for about 300 homes in the area. Police arrested him because they believed he was driving under the influence. Quach claims that he just fell asleep for a few seconds and the next thing he knew, his black S550 Mercedez Benz had crashed into a power pole on McFadden Avenue. Quach said he was remorseful for what he did and wants to take full responsibility. He hopes that this event does not affect his position at the city. As people know, DUI's have major consequences. Besides possibly killing or injuring yourself or others, a DUI is reported on your criminal record which employers are constantly checking. Employees may often lose their jobs for getting a DUI. Losing a job in these tough economic times can mean being unemployed for a very long time. After a while, bills cannot be paid on time and your house and cars can be subject to foreclosure. It is hard to see that far ahead when you are drinking though. The most sound advice is whether you are living in Irvine, Fullerton or San Clemente, do not drink and drive! If you get a DUI, please call a trusted Orange County DUI defense attorney to help you through the legal process. A good attorney may be able to keep that DUI off your criminal record. Call Orange County DUI Lawyer Randall T. Longwith today at (714) 699-4-DUI Drunk Driver Hits 24 Cars in UC Irvine Parking Lot Driving up or down a windy and narrow parking structure is hard enough. Being drunk and driving through a parking structure proved impossible for a drunk Downey man last week. Alexander Diaz, a non college student, crashed into 24 cars as he was trying to navigate through the narrow parking structure in the residential area of UC Irvine. He nor anyone else was injured. He was arrested and charged with a DUI, taken to the hospital and then released. Again, the message is clear, do not drink and drive. Regardless if you are in Fountain Valley, Lake Forest or Anaheim, there are steep legal ramifications for drinking and driving. Diaz will likely have to pay for all the damage he caused to the cars, deal with a DUI on his record, pay steep court fees and even possibly go to jail. Call Orange County DUI Lawyer Randall T. Longwith today at (714) 699-4-DUI
Insurance requirements If you are convicted of a California DUI offense, you will suffer an additional financial “punishment” in the form of insurance premium increases. Although you cannot be refused insurance coverage based on a DUI conviction, you may be refused coverage by your current insurance provider and be forced to use a provider that has been mandated by the government to offer “high risk” coverage. This coverage is extremely costly. In addition to paying exorbitant premiums, you will be required to provide an SR22 form to the DMV in order to register your vehicle. The SR22 form proves that you have insurance coverage but also tells the DMV, insurance companies, employers and others that you have been convicted of DUI.
If you or someone you care about has been arrested for driving under the Influence or DUI in
"...Because the Best Defense is a Good Offense."
San Juan Capistrano DUI Checkpoint Saturday June 26, 2009
June 24th, 2009
The Orange County Sheriff’s Department will conduct a DUI and driver’s license checkpoint in San Juan Capistrano from 7 pm to 3 am Saturday, June 27.
Although DUI Checkpoints are horribly ineffective in finding drunk drivers, police and MADD love them, because they give the right political appearances and give MADD volunteers something to do.
If you have any questions for an Orange County DUI Lawyer, contact me anytime at 714-699-4-DUI.
Costa Mesa DUI Checkpoint Saturday, June 20, 2009
June 19th, 2009
The Costa Mesa Police Department has scheduled a checkpoint for June 20, 2009. The DUI Checkpoint is scheduled from 8pm to 2:00 a.m., and the location is Northbound Newport Boulevard at 22nd Street. Information is at http://www.ci.costa-mesa.ca.us/docs/pdpress/2009-06-16-DUI-checkpoint.pdf
If you were arrested at an Orange County DUI Checkpoint, or have questions for our Orange County DUI Lawyers, call us anytime at 714-699-4-DUI.
Orange County DUI Murder Trial
July 19, 2009
Orange County Register reports that a trial will be starting for the Orange County man who is convicted of DUI murder. In the DUI accident, both his pregnant girlfriend and her unborn child were killed.
Danny Calvin Ruiz, who had a misdemeanor DUI conviction before, was charged with two counts of murder. In the 2008 incident, Ruiz was speeding while drunk driving with blood alcohol level of .17%. The car crashed on a tree and killed both of his girlfriend and the unborn baby.
At the time of his plea, he understood that he could be prosecuted for murder if he was convicted of murdering his girlfriend and unborn child while driving under the influence. Being accused of DUI, Ruiz, also was convicted of carjacking in 1995 and served 15 years in prison. He could get a DUI murder conviction and a life sentence. He is currently being held without bail in Orange County Jail.
If you are facing a drunk driving / DUI charge in Orange County, Fullerton, Newport Beach, Anaheim, Westminster, Costa Mesa, Irvine, Mission Viejo, Orange, Santa Ana , Huntington Beach, the punishment is harsh and consequences can affect the rest of your life. We are a DUI / DWI law firm and Orange County DUI specialists. Our DUI lawyers are committed to vigorously defending Orange County drunk driving offenses. Our DUI Defense lawyers are concentrated on the DUI defense, for both misdemeanor DUI and felony DUI defense. Our attorneys are dedicated to the defense of drunk driving. We've earned a reputation as the number One Orange County DUI Lawyers and DUI Law Firm for aggressively representing individuals accused of DUI and need an Orange County DUI attorney. Contact us today at 714-699-4-DUI to find out what the best we can do to prevail in your case.
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Valid Legal Theory That Crumbles With Each DUI Arrest
Washington, D.C. July 23 – Drunk drivers and potheads, rejoice. If you get caught, the Supreme Court has made it easier for you to beat the rap..
That pesky Bill of Rights is creating hurdles for the police again. The justices ruled 5 to 4 last month that prosecutors can’t make their cases by relying just on a document like a lab report (yes, it was marijuana) or breath test printout (he blew twice the legal limit, your honor). Now, the state must also make available as witnesses the lab technicians, breathalyzer operators or other individuals who prepared the documents.
The court said that’s necessary because of the Sixth Amendment, which guarantees defendants’ rights to confront their accusers at trial. The argument boils down to "You can’t cross-examine a machine." The ruling is right in theory but really wrong in practice…
The ruling is going to force a lot of costly changes with little practical long-term benefit. It will require new laws and court procedures, and cost a lot of money to hire and train additional forensic technicians and other employees, to make it work.
Worse, it hands a new weapon to defense lawyers that’s going to benefit them mostly in battles over procedure rather than justice. Because the state won’t be able to produce witnesses in many cases, defense lawyers already are saying they expect to win more acquittals at trial…
Stephen Saltzburg, professor of criminal law and procedure at George Washington University, said Scalia was right to say that scientific tests are a kind of testimony that defenders need to be able to challenge. But he added that the dissenters "had a very strong argument that perhaps there could be an exception for these highly reliable mechanical tests that didn’t exist when the framers wrote the Sixth Amendment."
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U.S. Withheld Data on Risks of Distracted Driving
New York, NY. July 20 – In 2003, researchers at a federal agency proposed a long-term study of 10,000 drivers to assess the safety risk posed by cellphone use behind the wheel.
They sought the study based on evidence that such multitasking was a serious and growing threat on America’s roadways.
But such an ambitious study never happened. And the researchers’ agency, the National Highway Traffic Safety Administration, decided not to make public hundreds of pages of research and warnings about the use of phones by drivers — in part, officials say, because of concerns about angering Congress.
On Tuesday, the full body of research is being made public for the first time by two consumer advocacy groups, which filed a Freedom of Information Act lawsuit for the documents…
“We’re looking at a problem that could be as bad as drunk driving, and the government has covered it up,” said Clarence Ditlow, director of the Center for Auto Safety….
California DUI lawyer, California DUI attorney, Orange County DUI lawyer, Orange County DUI attorney, Criminal, DUI Drunk Driving Defense Lawyer Attorney representing individuals charged in with all criminal offenses including all types of California DUI and Drunk Driving offenses as well as negligent operator under California point system in Orange County also all cities throughout southern California including all Orange County Dui attorney Aliso Viejo, Orange County Dui attorney, DUI lawyer Anaheim, Balboa Island, DMV Hearings, Info on SR-22, DUI attorney Brea, DUI lawyer Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Coto de Caza, Cowan Heights, Cypress, Dana Point, El Modena, El Toro, El Toro Marine Base, Foothill Ranch, Fountain Valley, Orange County Dui attorney Fullerton, Fullerton DUI attorney, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Leisure World, Lemon Heights, Los Alamitos, Mission Viejo, Modjeska Canyon, Orange County Dui attorney Newport Beach, Orange, Orange Park Acres, Placentia, Rancho Santa Margarita, Rossmoor, San Clemente, Orange County Dui attorney Santa Ana, Seal Beach, Silverado Canyon, Stanton, Sunset Beach, Surfside, Tustin, Villa Park, Westminster, Yorba Linda, Riverside, Rodea, Romoland, Sage, San Jacinto, Santa Ana Canyon, Soboba, Sun City, Temecula, Temescal Canyon, San Bernardino County Adelanto, Angles Oaks, Apple Valley, Bloomington, Chino, Chino Hills, Colton, El Mirage, Etiwanda, Forest Falls, Grand Terrace, Helendale, Hesperia, Highland, Loma Linda, Lucerne Valley, Mentone, Montclair, Ontario, Oro Grande, Phelan, Pinon Hills, Rancho Cucamonga, Redlands, Rialto, San Bernardino DUI, Victorville DUI , Wrightwood, Yucaipa Drunk Driving Attorney and Lawyer in California, Mature Driver, DUI consequences, DUI Attorney assisstance, DUI Help, DUI, DWI and Drunk Driving Legal Advice in California, DUI and DWI Court Information and DUI Law in California.
