Drunk driving is a major cause of fatal accidents across the United States. It is against the law to drive or operate a motor vehicle with a blood alcohol concentration of 0.08 percent or more. In Orange County, CA DUI is considered to be a serious criminal offense and repeat offenders can expect to be prosecuted to the full extent of the law. Conviction for a 2nd DUI offense can result in jail time, hefty fines, as well as other penalties.
When sentencing a defendant convicted of DUI, the judge will consider the past record of the defendant. If the defendant has a prior DUI conviction, it will result in enhanced penalties. While a DUI in Orange County is generally a misdemeanor offense, it will be tried as a felony offense if it results in the death of another person. A felony offense is punishable with a prison term exceeding one year and a fine of $1000 or more.
Recent Arrest for 2nd DUI Offense in Orange County
A 42 year old man was arrested on Tuesday, May 7, 2013 for a suspected DUI accident. The accident occurred on Santa Margarita Parkway and Los Alisos Boulevard in Mission Viejo around 11:40 p.m. The crash was fatal and resulted in the death of a 36 year old mother of three.
The man was identified as William Joseph Carroll, a resident of Mission Viejo. He suffered serious injuries and had to be taken to Mission Hospital. The victim identified as Ana Martinez died instantly.
Carroll was driving his red Ford pick-up truck on the northbound Santa Margarita Parkway but in the opposite direction. He was attempting to turn onto the southbound lanes but turned onto the northbound lanes instead. It resulted in a head on collision with Martinez’s white Toyota Sienna minivan. The impact of the crash instantly killed Martinez who was on her way home in Trabuco. Both vehicles were damaged from the front.
Depending on the results of the police investigation, Carroll could face criminal charges ranging from manslaughter to murder. The police are yet to determine if he was under the influence of alcohol or drugs. Officers who responded to the accident call detected signs of intoxication, including a strong odor of alcohol. Carroll has a DUI conviction from 2008.
Second DUI Legal Information
In California, if an officer arrests a person for DUI and the officer is aware of the person’s previous conviction for a DUI offense in the preceding ten years, the officer can impound the vehicle. The results of a chemical test will be admitted as evidence of DUI if the test is conducted within three hours of the DUI stop.
For more information about DUI offenses, or to receive a free case evaluation from an experienced Orange County DUI lawyer, call 888-250-2865. A Law Offices of Randy Collins attorney will provide you with free information to help get you back on your feet.