Blog

A 17 year old teenager will be tried as an adult for murder in a DUI / Drunk Driving fatality in Akron, Ohio. He will be held in a juvenile detention facility until he turns 18. Based on the facts of the case, the Summit County Prosecutor’s Office argued that the juvenile’s acts were intentional. The juvenile’s car was seen driving without headlights on. The officer’s attempted to stop the juvenile. However, the juvenile sped away and then crashed into a retaining wall near where a crowd was gathered and struck a bystander causing the fatality. The judge in Juvenile… Read More

In St. Joseph County, Indiana, a program that allows people arrested for first time DUI / Drunk Driving to avoid a DUI / Drunk Driving conviction by agreeing to install an ignition interlock device in their vehicles for six months. The defendants would first have to plead guilty and successfully complete the novel program. Upon completion of the program, the defendants would be convicted of reckless driving. However, one of the judges in St. Joseph Superior Court believes the law requires the defendants to install the ignition interlock device for 2 years. The judge has asked other judges of the… Read More

This is my first posting since I launched my social networking websites. I am on Facebook, Twitter and LinkedIn. I have had a webpage for my Top Gun DUI Defense Attorney law offices since 1994. My web site has been profiled in presentations by Bar Associations, referred to by legal experts and used as a reference tool for other DUI / Drunk Driving defense attorneys across the Untited States. However, I am very new on the social networking scene so I hope the public will be patient with me. I am planning on posting more often with relevant information regarding… Read More

At the end of September, 2010, Governor Schwarzenegger signed into law AB 1601 which will now allow judges to revoke for up to 10 years a convicted DUI / Drunk Driver who has at least 2 prior DUI / Drunk Driving convictions within 10 years of a third DUI / Drunk Driving conviction. The is California’s version of 3 Strikes and Your Out. The bill was sponsored by Assemblymember Jerry Hill of San Mateo. In January, I debated Assemblymember Hill on this bill. See the link KABC AM 790 TALK RADIO Peter Tilden Podcast Part 1 Top Gun DUI Defense… Read More

There has been a growing trend nationally to charge drivers with murder when a death occurs as a result of a driver who is arrested in a DUI / Drunk Driving case. Some years back, a prosecutor put forth a theory that if the driver knows or should have known of the risk of driving under the influence of alcohol, is grossly negligent in the way the vehicle was driven and a death occurs as a result, then the jury can infer the driver had the requisite malice to find the driver guilty of murder. One way to show the… Read More

According to the LA Daily News, four of the top ten large cities across the United States for DUI / Drunk Driving arrests are in California. San Diego ranks as number one. San Jose ranks as number two. Los Angeles ranks as number seven. San Francisco ranks as number eight. Boston was excluded from the list as there was no data available. The list was comprised by a study done by Insurance.com. The study was based on information provided by drivers seeking online quotes for auto insurance during the past three years. The rest of the top ten cities are… Read More

The State of New Mexico is planning on rounding up over 1,000 people who have outstanding warrants in DUI / DWI / Drunk Driving cases. New Mexico State Police, Santa Fe police and Santa Fe County Sheriff’s departments are starting the round up program called Operation Descansos . People with outstanding warrants are being urged to turn themselves in so they can possibly avoid another arrest and/or additional charges. The warrants are issued for people who have either been arrested or convicted for DUI / Drunk Driving / DWI and have either not appeared in court or have not completed… Read More

Recently, an Appellate Court in California affirmed a second degree murder conviction for a reckless driver who was alcohol/drug free because in part he had a previous DUI / Drunk Driving conviction. The prosecution introduced into evidence in the murder trial evidence of the prior DUI / Drunk Driving conviction and that the defendant attended an alcohol program in the prior DUI / Drunk Driving case that discussed the risks of driving dangerously and therefore the defendant was aware of the risks. Once the defendant was aware of the risks, the jury was allowed to infer malice which would justify… Read More

The Supreme Court of Connecticut recently held that a cross hanging from the rear view mirror was not a sufficient basis to stop a driver which resulted in a DUI / Drunk Driving arrest. As a result, all evidence obtained as a result of the stop was not admissible and the conviction thrown out. The State claimed that the hanging cross could have posed a distraction but presented no evidence to support their position. One time I was in court watching another case when the State claimed that a Union 76 orange ball placed on the top of an antenna… Read More

The Huntington Beach Police Department has recommended to the Huntington Beach City Council that names of drivers arrested for DUI / Drunk Driving be published. The police department considered publishing the names after a local newspaper stopped publishing the names last December. The City of Irvine already publishes the names of people arrested for DUI / Drunk Driving, as well as other crimes, on the Irvine Police Department website. In addition, the Huntington Beach Police Department has been keeping track of establishments that drivers arrested for DUI / Drunk Driving say they consumed their last drink. What’s interesting about this… Read More