Recent Blog Posts

Involuntary Manslaughter While Intoxicated - 191.5(b)

Los Angeles DUI Attorney — Mon, 14 May 2012 22:15:00 GMT

What is Penal Code Section 191.5(b)? Vehicular manslaughter while intoxicated is the charge designated to a case when alcohol or drugs are involved while driving and someone dies as a result, yet no gross negligence is found (gross negligence meaning reckless actions like willingly running red lights, racing with other cars or perhaps, purposely driving in the wrong side of the road). Many times the arresting officers make broad assumptions as to the cause of the accident due to its severity, ignore contributing factors to the accident, and perhaps determine that the driver was more intoxicated than he/she really was.

All these are some of the crucial factors at work when determining a person’s guilt or innocence in front of a judge and jury. If you or a friend were charged with Penal Code Section 191.5(b) (vehicular manslaughter while intoxicated), you need competent representation to help you fight these charges.

Contact the Law Offices of Loren Merlin to speak with an experienced DUI attorney in Los Angeles who can help you prepare an adequate defense and have the charges dropped or reduced. If convicted, this charge is usually punishable by imprisonment in a county jail for not more than one year. Like with other DUI charges, you shouldn’t have to plea guilty without considering other factors that might have caused or contributed to the accident, and evaluating all your legal rights and defenses.

DUIs and California's Ignition Interlock Device Program

Los Angeles DUI Attorney — Thu, 26 Apr 2012 15:25:00 GMT

There appears to be some misconceptions regarding California’s new Ignition Interlock Device program that we hope to clarify here at the Law Offices of Loren Merlin. An ignition interlock device (also known as an IID for short) is a device installed in a person’s vehicle with the hopes of preventing those with alcohol in their system from driving their vehicles. The way it works is that the device requires a breath sample from the driver, and if alcohol is detected in the sample, the device will lock the engine, thereby preventing the vehicle from starting. Additionally, the device will require periodic samples as the person drives their vehicle. Contrary to common belief, if alcohol is detected during the driving sample, the device will not automatically turn off the vehicle at that instant. Rather, the device triggers alerts to the driver, forcing the driver to pull over and turn off the engine.

Basically, the Department of Motor Vehicles requires only those convicted of a misdemeanor for driving under the influence (DUI) of alcohol/drugs, those convicted of a felony DUI with injury, and those convicted of vehicular manslaughter while intoxicated to install a certified Ignition Interlock Device in all vehicles owned and/or operated by them. The periods the device is required in the convicted person’s vehicle range between 5 to 48 months, depending on the severity of the charges and the number of offenses within ten years. As of April 2012, there are only ten DMV approved and certified IID installers. You may contact the DMV or contact a Los Angels DUI attorney for a list of these providers.

Felony DUI

Los Angeles DUI Attorney — Wed, 07 Mar 2012 00:18:00 GMT

In Los Angeles a felony DUI is one where the person has 4 DUI’s in the past 10 years. The key is for an experienced dui lawyer to verify that all 4 DUI’s occurred within the 10 year period.

The penalty for a 4th time DUI in Los Angeles County is 16 months for the low term, 2 years for the middle term and 3 years for the high term. The person could face state prison depending on the severity of the facts.

A good lawyer may be able to negotiate terms, dismiss the charges or fight for alternative punishment in lieu of prison. Some possibilities are house arrest or rehab just to name a few. So please contact the Law Offices of Loren M. Merlin to speak to an experienced Los Angeles DUI lawyer and receive a free consultation.

The Law Offices of Loren M. Merlin is more than ready to take any type of DUI case that comes its way. The Attorney’s at the firm are experienced in many matters of DUI defense and with their experience will prove your innocence and keep you out of jail. Contact us to speak to one of our experienced Los Angeles DUI attorneys so that we may review your case.

The Fallacy Behind Field Sobriety Tests

Los Angeles DUI Attorney — Wed, 02 Nov 2011 16:00:00 GMT

Across the nation, law enforcement officers are using field sobriety tests as determinants of a person's level of intoxication; however, what many do not realize is that these tests are far from accurate in their ability to produce reliable results. If you or someone you know has been arrested for DUI in Los Angeles then you should look into the circumstances that led to the arrest. If a field sobriety test was involved you may have a case on your hands.

There are three types of field sobriety tests: the walk and turn test, the one leg stand test and the horizontal nystagmus gaze test. Each of these has pluses and minuses in terms of detection abilities but none can be relied upon 100%

The general reasoning for these types of on-the-spot tests is to quickly and efficiently assess a person's cognitive and physical functioning. Those who are unable to accurately comprehend the instructions told to them and those who are unable to successfully complete the physical demands asked of them are automatically taken in for further investigations. When looking more closely into the tasks required of these tests, it is understandable that many people are unable to pass them. Standing on one foot and counting for any length of time can be difficult for even the most in-shape people. Furthermore, walking in a straight line after the fatigue of driving for hours on end is a lot to ask of anyone.

Field sobriety tests are frequently used as the first determinant of a person's sobriety – or lack thereof – but their inaccuracy makes the tests more than questionable. Do not settle for an arrest and accusation of drunk driving if the charges have been made based upon the results of your performance during a field sobriety test. A Los Angeles DUI attorney can help defend you against such allegations.

The Law Offices of Loren M. Merlin is more than ready to take on any type of DUI case that come's its way. Attorneys at the firm are experienced in many matters of DUI defense and can expertly employ tactics that will help to prove your innocence.

Contact a Los Angeles DUI lawyer at the firm to learn more about what you can expect after an arrest for drunk driving.

Understanding DMV Hearings

Los Angeles DUI Attorney — Fri, 28 Oct 2011 16:00:00 GMT

Anyone who has been arrested for DUI in Los Angeles needs to take immediate action in scheduling their DMV hearing. This is because you have only ten days from the time of your arrest to request a hearing at the California Department of Motor Vehicles. Failure to do so will result in automatic license suspension.

At the time of your drunk driving arrest you will be issued a pink slip that permits you to legally drive for 30 days. This waiver is not applicable to the time you have to schedule a DMV hearing – a common misperception of many DUI arrestees. You do not have 30 days to schedule an appointment at the DMV. You have only ten days to do so, and if you do not comply then your temporary 30-day allowance to drive will be immediately suspended as well.

At the time of your DMV hearing you will discuss many issues, including all of the circumstances that led up to and resulted in your arrest. It is at this time that the status of your license and your driving abilities will be determined. Case results will vary depending on the specifics of your situation and the number of prior defenses.

Make sure that scheduling a DMV hearing is one of the first things you do upon being released from jail. In addition, make sure to contact a Los Angeles DUI lawyer who can represent you in your hearing and trial.

The team of DUI defense attorneys at the Law Office of Loren M. Merlin can provide you with the legal knowledge and support you need following the time of your DUI arrest. If the only things you do after you are released are scheduling your DMV hearing and contacting the Merlin office then those will put you at better odds than everyone else who fails to do so.

Don't wait to contact a Los Angeles DUI lawyer from the Law Office of Loren M. Merlin. Your future could depend on it.

Breaking News: Consequences of Drunk Driving

Los Angeles DUI Lawyer — Mon, 26 Sep 2011 16:23:00 GMT

Earlier this morning women with children in the car were involved with a fatal accident in the city of Lancaster. The woman was arrested on suspicion of driving under the influence after the rollover crash, in which she and six children were injured Sunday morning. The women was believed to have been at a wedding the night before and was picking up the children from a caregiver.

The women was driving eastbound on East Avenue I on Lancaster when her vehicle rolled over, and ejecting several children from the car.

The fact is that there are far too many incidents like this that occur daily in the United States. The important thing to remember to never drink and drive. Even if you think you are able to drive and had several drinks earlier, don't drive! Your selfishness can harm innocent people just like this incident.

Drunk driving in Los Angeles carries severe penalties, such as jail, probation, license suspension, and fines. This woman will likely be facing multiple charges of DUI with accident, with injury, child endangerment and more. She will most likely be facing many years in prison for her selfish judgment. The best advice is to avoid all of this and not drive drunk. Call family, friends or take a taxi wherever you need to go.

The Los Angeles Drunk Driving Defense attorneys at the Law Office of Loren M. Merlin are experienced attorneys that will protect your rights and skillfully advocate on your behalf. So for all DUI related offenses please contact our office and we will be happy to speak to you.

Los Angeles DUI Checkpoints

Los Angeles DUI Lawyer — Mon, 26 Sep 2011 16:04:00 GMT

Every so often the police departments in and around Los Angeles decide to conduct DUI Check Points. Before you jump in the car and hit the road the Los Angeles Police Department will be holding DUI checkpoint locations at the following areas:

•Friday September 23: Florence Avenue between Broadway and Main Street, Los Angeles
Saturday September 24: Cahuenga Boulevard at Broadlawn Drive, Los Angeles

LAPD will be on the lookout for drunk drivers. The penalties for drunk driving in Los Angeles are jail time, probation, alcohol classes, vehicle storage fees, license suspension, insurance rate increases, and fines and fees.

The law states that there are certain requirements the police department must adhere to when conduction a DUI Checkpoint:

They must give the public prior notice of the DUI checkpoint location Provide a turnout point prior to the DUI checkpoint for drivers who do not want to proceed Detaining drivers for a reasonable length of time.

If you are arrested during a DUI checkpoint, consider seeking the assistance of a Los Angeles DUI attorney for a free consultation at theLaw Offices of Loren M. Merlin. By retaining the legal assistance of an experienced DUI Attorney from our law office, you can rest assure knowing that your rights and your future will be placed into completely trustworthy hands. At the Law Offices of Loren M. Merlin we approach every case with the belief that the person we are defending could easily be one of our own family members.

Drunk Driving With Drugs

Los Angeles DUI Lawyer — Mon, 22 Aug 2011 02:43:00 GMT

In Los Angeles many people are more familiar with Driving while under the influence of alcohol, .08 BAC or more. But California Vehicle Code 23152(a) makes it a crime to drive under the influence of drugs and or alcohol. California case law defines drugs as any substance that could affect your nervous system, or brain. The law allows prosecution for Driving under the influence for illegal, legal drugs with a prescription and/or over the counter drugs.

The prosecution in Los Angeles when charging a Driving under the influence of drugs must prove that the person's ability to drive safely was affected by the drug use. The law does not place any numerical value to how much drugs can be in one's system while driving like DUI's with .08. Rather other factors are taken into account such as observation made by the officer. Mainly how the defendant performed the Field Sobriety Tests, which are Romberg Balance test, Walk and Turn, One Leg Stand, and Finger to nose.

Penalties for a Driving under the influence of drugs in Los Angeles are similar to DUI's with alcohol. Fines, Drug Classes, Probation, County Jail and DMV consequences. Other factors such as multiple offenders can change the sentencing handed down. It is always a wise decision to retain an experienced DUI of drugs or alcohol attorney to represent you or a loved one.

If you or a loved one has been charged with aDUI of drugs or alcohol please, contact the Law Offices of Loren M. Merlin, where our DUI attorney's have the experience to aggressively fight for your rights. Please feel free to contact our office to discuss your legal matter with an experienced attorney, where you will receive a free initial consultation.

Consequences of Possesion of Drugs in Los Angeles

Los Angeles DUI Lawyer — Mon, 15 Aug 2011 04:35:00 GMT

California does not take drug offenses lightly and if convicted jail time is likely. Examples of drug releated crimes in Los Angeles are: Possession of Drugs for Personal Use, Possession of Drugs for Sale, Drug Trafficking, Drug Distribution, Drug Cultivation, and Drug Manufacturing. All of the above crimes could be charged as a felony.

Common Illegal drugs are cannabis, cocaine, ecstasy, heroin, lsd, methadone, and precriiption painkillers without proper doctor prescription. If you or a loved one are charged with any drug offense, please contact the lawyers at the Law Office of Loren M. Merlin for a free consulation.

Since drug possession crimes involve jail time, it is crucial to hire expereienced criminal defense lawyers who have had susccess in defending drug crimes in Los Angeles. The lawyers at the Law Offices of Loren M. Merlin, know that with drug crimes, the most important defense is how the evidence was obtained. Whether the police used proper search and seizure methods to not violate your constitutional rights. If there is a violation to your constitutional rights, proper motions to surrpress the evidence must be made and the case may be dismissed.

The sentencing process for drug convictions is a complicated process that requires an expericenced drug defense attorney. The criminal defense attorneys at the Law Office of Loren M. Merlin, understand way to keep you or loved ones out of jail Such options include, proposition 36 and deferred entry of judgment. Under Proposition 36 first and second time offenders for non violent drug crimes instead of jail can be sentenced to halfway house, therapy, education classes or impatient treament. With Deferred Entry of Judgement, the defendent pleds guilty to the drug crimes and comes back in 18 months completeing the prescirbed courses the court requires, then the case is dismissed.

At the Law Offices of Loren M. Merlin we understand the severity of drug crimes and the consequences that come with a conviction. We therefore fight vigoursly for your rights and to keep you out of jail! Please contact the criminal defense lawyers at the Law Offices of Loren M. Merlin immediately to discuss this matter.

Drunk Driver Slams Car into LAPD Squad Car

Los Angeles DUI Lawyer — Wed, 27 Jul 2011 16:53:00 GMT

Early in the morning today in Los Angeles a man was suspected of driving his truck while under the influence and crashing into a LAPD patrol vehicle. In the patrol car was an LAPD sergeant. The suspect was believed that he went through a red light and struck the patrol car around 2 a.m., said Sgt. Michael Marcey of the Los Angeles Police Department's Central Traffic Division. The impact was so large that it sent the police car into a telephone pole.

The patrol car airbags deployed, causing small lacerations to the sergeant's arms and hands. The injured officer was taken immediately to California Hospital Medical Center, where he was treated and released.

The suspect and passenger of the vehicle fled the scene but were shortly found a few blocks away, near Broadway Place and 36th Place in the Exposition Park area. Both men were taken into immediately taken into custody and will soon be facing charges on their arraignment date. The driver of the truck may be facing felony charges for driving while the influence and causing injury to another, in Los Angeles. In addition, he will likely also face hit and run charges when he fled the scene.

The suspects will likely face jail time, fines, probation, license suspension, and alcohol classes. If the suspect has prior record of DUI's than the punishments will all be elevated. If you or someone you know is facing charges of a DUI or any related crime, please contact the Los Angeles Lawyers at the Law Offices of Loren M. Merlin and we will be happy to discuss this matter with you at no charge!

If you are currently facing a criminal charge of Driving Under the Influence, do not hesitate to contact a Los Angeles DUI Lawyer that you can trust. By retaining the legal assistance of an experienced DUI Attorney from our law office, you can rest assure knowing that your rights and your future will be placed into completely trustworthy hands. At the Law Offices of Loren M. Merlin we approach every case with the belief that the person we are defending could easily be one of our own family members.

Los Angeles Probation Violation

Los Angeles DUI Lawyer — Fri, 22 Jul 2011 16:12:00 GMT

In California probation is often times part of a criminal defendant's sentence. Often times depending on what the crime was, probation, jail, fine, community services and others are coupled together as a sentence for the defendant.

In Los Angeles there are generally two types of probation sentences. First isFormal Probation, which is also called Supervised Probation. This is the type of probation that people more likely are familiar with. It requires the defendant to meet with an assigned probation officer on a regular basis.

The other type of probation in Los Angeles is Informal Probation also called Summary Probation. Essentially Informal Probation requires the defendant to stay out of trouble and complete the other terms of the sentence within the time allowed by the court. Also, there are no scheduled meetings with probation officers under this type of probation.

The length of the probationary period varies on the defendant's past criminal history and the type of crime he/she is being sentenced for. Violation of probation can be a serious matter. In some cases, a second opportunity may be given by the court. While in other situations the court may require additional probation time, community service, community labor, counseling or jail/prison time for the violation.
Here are a few ways that probation is violated:

-Failure to Pay Fines of Restitution
-Failure to Comply with the terms of the sentencing terms
-Failure to Appear at a court appearance
-Failure to Report to a Probation Officer
-Possession of Illegal Substance
-Being Arrested Again

An experienced Criminal Defense Attorney will be able to fight for all your rights in court if you or someone you know has violated Probation. The Criminal Defense Lawyers at the Law Offices of Loren M. Merlin know the factors the court will take into account when considering the probation violation and they know how to effectively defend you or a loved one. A few factors the Judge will take into account in a Los Angeles Probation Violation hearing are:

-Seriousness of Violation
-Any new criminal history
-When in the Probationary terms was the violation committed
-Nature of the crime committed
-Testimony from Probation Officer

If you are currently facing a Probation Violation charge, do not hesitate to contact a Los Angeles Probation Violation Lawyer that you can trust. At the Law Offices of Loren M. Merlin we understand seriousness of violating Probation and the consequences that come with that. By securing the legal assistance of an experienced Probation Violation Attorney from our firm, you can rest assure knowing that your rights and your future will be placed into completely trustworthy hands. At the Law Offices of Loren M. Merlin we approach every case with the belief that the person we are defending could easily be one of our own family members.

How Costly is a DUI in Los Angeles

Los Angeles DUI Lawyer — Sun, 10 Jul 2011 22:41:00 GMT

A person being charged with a first time DUI in Los Angeles can expect fines, probation, alcohol classes, license suspension and IID (ignition interlock device) installed into their cars. While there can be possibilities of jail time, community labor or other methods of punishment.

A good DUI lawyer will be able to get the charges dismissed or minimize the penalties for their clients. It is crucial to let your attorney know what your concerns are, such as losing your job, home etc... because an experienced dui lawyer would be able to accommodate your requests with the court.

The focus of this article is how much does aDUI cost in Los Angeles when all is said and done. Depending whether you get an attorney or not the figures may fluctuate. But for a first time DUI the minimum fine one must pay the court is approximately $1800 and all the way up to $4000. In addition, if convicted with a DUI the person must register for alcohol classes and pay for them out of their pocket. Those classes for a first time DUI can run approximately $500. Another out of pocket expense is the monthly rental of the IID device for the vehicle, which is approximately $40-$60 per month for however long the DMV requires the device.

A DUI is a traumatic, embarrassing and expensive event. Many times it is difficult to recover from a DUI because you may lose your job or a number of other horrible occurrences.

If you or a loved one has received a DUI in Los Angeles, please contact the law office of Loren M. Merlin. The DUI attorneys at the law office of Loren M. Merlin can offer a free consultation, so please do not hesitate to call us.

Felony DUI's In Los Angeles

Los Angeles DUI Lawyer — Sat, 09 Jul 2011 04:19:00 GMT

Many DUI's in Los Angeles are punished by a misdemeanor crime. But there are scenarios where one may think that they just got a run of the mill DUI but it is actually a felony. Some scenarios where aDUI is charged as a felony are:

When there is an accident involved while Drunk Driving and there was serious injury caused to another as a result of your actions

If a person has more than one prior DUI on their criminal record, usually 3 or more DUI's.

At the Law Offices of Loren M. Merlin our Los Angeles DUI attorney's have the experience to successfully defend felony DUI charges in Los Angeles. From our experience in defending felony DUI's with injury the slightest injury could take the charges from a misdemeanor to a felony and open the person to facing serious jail time.

Felony charges mean that if the person is convicted they will face one year or more in jail for the crime they were found guilty of. Even beyond jail time, it can be difficult with a felony to find employment and housing. That is why the best option is to hire an experienced DUI Defense Attorney and have them fight for your innocence.

If you have any questions regarding your DUI or any other Criminal Matter, call the Los Angeles office of theLaw Office of Loren M. Merlin where an experienced attorney will be happy to offer a free consultation. DUI related offenses are all that the Law Offices of Loren M. Merlin handle and take great pride in offering aggressive and effective legal assistance.

Celebrity News: Rapper Flo Rida charged with DUI in Miami

Los Angeles DUI Lawyer — Thu, 09 Jun 2011 18:12:00 GMT

No one is safe from getting a DUI! Even celebrities must abide by the laws and face the consequences of failing to follow the laws. Rapper Flo Rida has been charged withdriving under the influence after police in Miami Beach observed his Bugatti sports car driving erratically.

Witness state that they saw Flo Rida performing several field sobriety test and appearing to fail them. Unfortunately all of thefield sobriety test are designed to be biased and are extremely subjective. What's the difference between raising your foot 4 inches instead 6 inches off the ground? And has the officer actually taken out a ruler to measure the height?

Also Flo Rida, 31 years old was charged with DUI and driving with a suspended license. He is being held on $2,000 bond. Typical penalties for DUI are; fines, jail time, probation, alcohol classes, drivers license suspension, and community services. So if convicted Flo Rida will have to clear out his busy schedule for a while. Hopefully he will hire an experinced DUI lawyer in the Miami area who will be able to effectively defend him.

If you are currently facing a criminal charge such as Driving Under the Influence, do not hesitate to contact a Los Angeles DUI Lawyer that you can trust. At the Law Offices of Loren M. Merlin we understand seriousness of getting a DUI and the consequences that come with that. By securing the legal assistance of an experienced DUI Attorney from our firm, you can rest assure knowing that your rights and your future will be placed into completely trustworthy hands. At the Law Offices of Loren M. Merlin we approach every case with the belief that the person we are defending could easily be one of our own family members.

Don’t Be Fooled by a Minor in Possession Violation in Los Angeles

Los Angeles DUI Lawyer — Thu, 09 Jun 2011 17:52:00 GMT

In Los Angeles, a Minor in Possession may seem like an ordinary infraction and all you have to do is pay a fine. But recent changes in the law have made the penalties severe and mandate a 12 month driver licenses suspension. Many young adults in Los Angeles who receive a Minor in Possession are college students or working people. Having your driver's license suspended for 1 year is crippling for that person, it becomes difficult to attend school and keep you job.

This is why is it crucial to contact an experienced MIP lawyer, who has extensive experience and success in this area of law in and around Los Angeles County. At theLaw Offices of Loren M. Merlin the attorneys know the proper defenses to raise in court and the proper procedures that the police must follow to be able to uphold the conviction.

Many times, our clients who have received an MIP in Los Angeles receive a different charge and have their MIP dropped which allows them to pay a minimal fine and keep their drivers license.

So if you are currently facing charges of Minor In Possession, do not hesitate to contact a Los Angeles MIP Lawyer that you can trust. By retaining the legal assistance of an experienced MIP Attorney from our law office, you can rest assure knowing that your rights and your future will be placed into completely trustworthy hands. At the Law Offices of Loren M. Merlin we approach every case with the belief that the person we are defending could easily be one of our own family members.