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Jacqui's Story Jacqui’s Story Jacqueline Saburido was taking a break from college and industrial engineering classes when she came to the United States from Venezuela to study English. A drunk driving crash changed her life completely. Talk to Your Kids Experts offer suggestions for what to say if young children are frightened by images they see on television. The Law in Texas The legal limit for intoxication in Texas is .08 blood alcohol concentration (BAC). Texas also has a zero tolerance law. For anyone under 21, it is illegal to drive with any detectable amount of alcohol. Resources You can find statistics, reports and suggestions dealing with alcohol-related issues on many web sites. Texas DWI home Early on Sunday morning, September 18, 1999, Jacqueline Saburido, 20, and four friends were on their way home from a birthday party. Reggie Stephey, an 18-year-old star football player, was on his way home from drinking beer with some buddies. On a dark road on the outskirts of Austin, Texas, Reggie’s SUV veered into the Oldsmobile carrying Jacqui and the others. Two passengers in the car were killed at the scene and two were rescued. Within minutes, the car caught fire. Jacqui was pinned in the front seat on the passenger side. She was burned over 60% of her body; no one thought she could survive. But Jacqui lived. Her hands were so badly burned that her fingers had to be amputated. She lost her hair, her ears, her nose, her left eyelid and much of her vision. She has had more than 50 operations since the crash and has many more to go. In June 2001 Reggie Stephey was convicted of two counts of intoxication manslaughter for the deaths of Jacqui’s two friends. He was sentenced to seven years in prison and fined $20,000. Read the Austin American-Statesman special report View the poster Watch the TV public service announcement High Bandwidth (3MB) Low Bandwidth ( 1MB)
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DUI Law Verbatum presentation California Drunk Driving - DUI - Law & Procedure - Drunk Driving Attorney - Lawyer Kinsey Law Offices Eugene E. Kinsey 323 Main St., 2nd Fl. Seal Beach, CA 90740 KINSEY LAW OFFICES Drunk Driving Defense The Firm For Clients For Lawyers Free Stuff Law Library Legal Links Lawyer Jokes Home When You Need An Experienced Drunk Driving - DUI Attorney Kinsey Law Offices Eugene E. Kinsey Seal Beach, CA (562) 596-8177 DUI - Drunk Driving Lawyer Since 1976 - Negotiation - - Settlement - - Trial - E-Mail Us Basic California Drunk Driving (DUI) Law - The California Vehicle Code: California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b): 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs. 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood. Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death. For further information, visit the following sites: Basic DUI Law Verbatum presentation of the basic misdemeanor DUI law, California Vehicle Code sections 23152. DUI-Related Statutes A broader range of California laws applying to drunk driving cases — misdemeanor, felony, prior convictions, etc. AAA Guide to California's DUI Laws [ cached version ] A good overview of the state's criminal and license supension laws, from the Automobile Club of Southern California. Legal FAQs Answers to the 20 questions most frequently asked by those arrested for DUI, from the attorney who wrote the legal textbook "Drunk Driving Defense, 5th edition". California Vehicle Code The main Vehicle Code sections which apply to misdemeanor drunk driving cases, along with explanations of their legal terms. California's DUI Vehicle Impound Laws How to get your car back if it is impounded as the result of a DUI arrest — either of yourself or of another. California Vehicle Code Verbatum collection of sections of the Code which apply to drunk driving criminal and license suspension cases. AAA Punishment Chart A chart of statutory sentencing ranges for misdemeanor drunk driving, from the Automobile Club of Southern Californias. Clearing Your Record Discussion of post-conviction procedures for setting aside a plea or verdict of guilty and obtaining a dismissal. California Department Of Motor Vehicles Penalties: In most cases, the person arrested for drunk driving will have his driver's license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.) It is critically important to CALL THE CALIFORNIA DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good DUI attorney has a fair chance of getting the suspension thrown out. The division of the DMV responsible for the "APS" suspension of licenses is the Drivers Safety Office (DSO), with branch offices located around the state. It is at these offices that the hearings will take place, presided over by a "hearing officer" — a DMV employee without legal training who will serve as both prosecutor and judge. The following resources will provide information about the California Department of Motor Vehicles and the laws that largely govern their reponsibilities: the California Vehicle Code. California DMV Home page of the Department of Motor Vehicles. The Driver's License General information about about driver's licenses. Guide to the DMV Unofficial website providing plain-English information about the DMV and its services. DUI Suspensions over/under 21 DMV's overview of license suspensions for drunk driving for adults and drivers under 21. DUI Suspensions The DMV's summary of provisions for administrative ("APS") suspensions and restrictions of licenses for drunk driving; also included is information about "negligent operator" point-count suspensions Impairment Chart The DMV's simplistic chart of impairment based only upon weight and consumption. AAA The Southern California Auto Club's guide to the DMV. Forms Download Department of Motor Vehicle forms online, including Driver Safety forms. Vehicle Code The DMV's online access to the entire Vehicle Code. Publications Download such DMV publications as the "California Driver Handbook" online. Administrative Hearings Information from the Department of Motor Vehicles about challenging the officer's confiscation and suspension of your license. DMV FAQs The Department of Motor Vehicle's answers to frequently-asked questions about DUI license suspensions. Get a Copy of Your California DMV Record The Department of Motor Vehicles (California DMV) keeps your driving record for about ten years. You can obtain a copy of your California driving record by following the instructions on this site. Procedural Overview For California Drunk Driving Cases: The DMV procedure (explained above) and the court procedure are two separate and distinct procedures. The court process consists basically of three hearings : The Arraignment This is your first court hearing. You'll be given the opportunity to plead "guilty" or "not guilty". It is raraly advisable to plead guilty at this stage of the proceedings. The second hearing - the "pretrial conference" is the time for you to negotiate the disposition of your case if a disposition is going to be possible. The Pre-Trial Conference This is a conference set usually 2 to 3 weeks after the arraignment to allow you and/or your attorney to negotiate a settlement of the case with the district attorney. If a negotiated disposition can be reached at this stage of the proceedings, you'll enter a plea or the matter will be dismissed. If there is no disposition, you'll be given a trial date. The Trial If no disposition of your case is reached at the Pre-Trial conference stage, your case will be set for jury trial. DUI trials typically take between 2 and 3 days. - Gene Kinsey Attorney Fees: $250 per hour against a $2,500 minimum fee to be paid in advance The Firm For Clients For Lawyers Free Stuff Law Library Legal Links Lawyer Jokes Home
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Driving Under Influence of DMV - V.C. Section 23152 - Driving Under Influence of Alcohol or Drugs California Home DMV Home Page Online Services DMV Locations & Hours Publications Forms New Arrivals New to California? FAQs Site Map Title & Registration Information Vehicle Registration Boat Registration License and ID Card Information Driver License ID Cards Commercial License Vehicle Industry & Commercial Permits Special Plates Personalized Plates Disabled Placards Other Information Your DMV Records Other Services About DMV Contact Us Legal Notice and Disclaimer My CA This Site Vehicle Code Driving Under Influence of Alcohol or Drugs 23152 . (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. (d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more. (f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State. Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992. Amended Ch. 974, Stats. 1992. Effective September 28, 1992. Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995. NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective. 23152 . (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. (d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989. Amended Ch. 708, Stats. 1990. Effective January 1, 1991. Amended Ch. 974, Stats. 1992. Effective September 28, 1992. Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995. Vehicle Code Table of Contents Back to Top of Page © 2003 State of California. Conditions of Use Privacy Policy
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blood alcohol level at CNN - Report: Driver's alcohol level even higher than reported - September 1, 1997 The Investigation: Sources: Tests showDiana's driver suffered 'moderate, chronic alcoholism' The Funeral: A Final Farewell Multimedia: The Funeral Procession Video: The Procession Mourning Princess Diana: A Photo Gallery Video: Elton John's Musical Tribute Video: Earl Spencer's Tribute Princess Diana: Related stories and sites British coverage: ITN coverage Report: Driver's alcohol level even higher than reported September 2, 1997 Web posted at: 11:35 p.m. EDT (0335 GMT) Latest developments: Did driver taunt paparazzi? Prosecutors: Speedometer on zero, not 196 kph Contradictory portrait emerging of driver Experts: Seat belts may have saved Diana, Fayed Related stories and sites PARIS (CNN) -- More disturbing news emerged Tuesday about the driver of the car in which Princess Diana was killed: His blood alcohol level at the time of the wreck may have been even higher than originally believed. Who's to blame? CNN's Brent Sadler reports 2 min., 30 sec. VXtreme streaming video Also, press reports suggested that the driver, Henri Paul, had taunted photographers who chased the Mercedes S280 before it crashed Sunday in a Paris tunnel near the Seine River. The French newspaper Le Monde said Tuesday that Paul, who was killed in the crash along with Diana's boyfriend Dodi Fayed, may have been more intoxicated than judicial sources said Monday. The newspaper said a second police toxicology analysis registered a level of 1.87 grams of alcohol-per-liter of blood -- higher than the initial 1.75 figure. If confirmed, that would give the driver a blood-alcohol level nearly four times than 0.5 grams-per-liter legal limit in France. Even the lower figure of 1.75 grams -- the equivalent of quickly drinking nine shots of whiskey -- would mean that Paul had a blood alcohol content of at least 0.175 percent. Most U.S. states consider a driver to be legally drunk when a blood alcohol content of 0.10 percent is reached. Did driver taunt paparazzi? The Times of London on Tuesday cited unconfirmed reports that the driver had taunted the paparazzi by saying, "Catch me if you can," before speeding away from the hotel with Diana, Fayed and a bodyguard. Several newspapers similarly quoted an unnamed photographer as hearing Paul boasting to waiting paparazzi: "You won't catch me." However, a spokesman for Fayed's father and Paul's employer, Mohammed Al Fayed, said the driver did not appear drunk to hotel employees and did not taunt photographers as the couple left the Paris Ritz hotel, which the elder Al Fayed owns. Spokesman Michael Cole said that after the crash, Al Fayed dispatched his security director -- a former Scotland Yard detective chief superintendent -- to Paris. Cole said Paul did not appear drunk to hotel employees, that he did not taunt photographers, and that the speedometer on the doomed Mercedes S280 was not stuck on a high rate of speed following the fatal crash. Cole said Al Fayed's investigators found "the allegation that Paul taunted the press as he drove away from the front of the hotel is untrue. He left from the rear exit and at a time when, according to film evidence, no paparazzi were in the immediate vicinity." Prosecutors: Speedometer on zero, not 196 kph Prosecutors on Tuesday also said the speedometer in the Mercedes was stuck on zero, not 196 kph (121 mph) as a police sourcehad previously said. Paul had driven Diana and Dodi Fayed into Paris earlier in the day after arriving in the city by plane, according to a statement by London's Harrods luxury store, which the elder Al Fayed also owns. Paul was on duty at the hotel until about 7:30 p.m. Saturday, Cole said. He left the hotel after it appeared that Diana and Dodi Fayed had left the hotel for the evening. Paul returned to the hotel at about 10:10 p.m. after he was told the couple had unexpectedly decided to return to dine at the hotel, Cole said. "He was observed driving his own car to the hotel, parking it in the normal way and walking normally into the hotel," the Al Fayed spokesman said. "In the hotel he spoke to a number of members of staff, none of whom detected any smell of drink or any other signs to suggest he had been drinking," the Al Fayed spokesman said. Contradictory portrait emerging of driver But colleagues interviewed in the French press painted contradictory pictures of the No. 2 security man at the Ritz; some describing him as a teetotaler and others as a drunk. Some friends and colleagues expressed surprise that the 41-year-old former air force officer was involved in the crash. "He was a very friendly guy, very serious," one longtime friend, Air France pilot Jean-Louis Le Baraillec, told the Ouest France daily. "One cannot say he was a drunk," a Ritz colleague told the daily Le Parisien. In the daily Liberation, one Ritz employee, speaking anonymously, said Paul had given up drinking last year and had been seen drinking only orange juice at a reception at the hotel last week. But another said he came to work one day last week completely intoxicated. The statement by Harrods praised Paul as a "conscientious and responsible member of staff" and stressed that he had twice attended special driving classes for limousine chauffeurs at a Mercedes-Benz training track in Germany. The popular daily France-Soir quoted an anonymous Ritz official as describing Paul as "calm and very competent." "He mastered the technique of high-speed driving," he said. Sunday morning, "he must have been surprised by the car's power and could not control the speed." Lawyer to seek another blood test A lawyer for Paul's family, Jean-Pierre Brizay, said he will insist on another blood test to try to disprove allegations of drunkenness. Brizay insisted Paul was "a professional of the highest level" who worked for the Ritz for 13 years. "You can't bring him back to life, but you can defend his memory," Brizay said. Asked about the level of alcohol investigators say they found in Paul's bloodstream, he said: "I reserve my judgment. I want to see how it was checked." The driver's body now lies in a French morgue, and he will be buried in his native Brittany this weekend. Civil suits brought, another possible Both Paul's family and Al Fayed have brought civil suits in the case against photographers being investigated by police and a French magistrate, according to Brizay and a lawyer for Al Fayed. On Tuesday, Al Fayed lawyer George Kiejman said the billionaire businessman was joining the case against the photographers to prove that there was a cause and effect "between the pursuit (by paparazzi) and the accident." A French judge on Tuesday named six photographers and a motorcyclist as manslaughter suspects in the fatal crash. Meanwhile, Al Fayed's business empire could face a lawsuit by Princess Diana's grieving relatives. A French legal expert, Henri Adler, said that under French law, Diana's family may be able to claim damages from the Ritz. "If (the driver) committed a crime, which seems to be the case ... the victims may sue his employer in front of a civil court to ask for reparation, damages, etc.," said Adler, the former president of the Paris bar association. Whether a degree of criminal responsibility is eventually proved or not, a deadly mixture of circumstances seems to have led to Princess Diana's death -- car speed, alcohol and photographers in hot pursuit. 'Everybody blaming everybody else' "One of the difficulties of the moment is now everybody is blaming everybody else," said Anne Applebaum of the Sunday Telegraph in London. "The tabloid press is now blaming the Al Fayed family for allowing drunken security guard to drive the car that had the Princess of Wales in it," Applebaum said. "Quite a lot of people are still blaming the tabloid press for buying photographs from photographers that will chase a car. Other people are blaming the public for buying those tabloid newspapers." In some quarters in England, public opinion blames the Al Fayed organization. "It's an appalling lack of security on the part of the people that were supposed to be in charge of the security, and it's a tragic shame," said one Londoner. "What a way to end a life." Experts: Seat belts may have saved Diana, Fayed Meanwhile, British automotive safety experts said Diana and Fayed might have survived the crash had they been wearing seat belts. French police refuse to say whether they were wearing seat belts, but media reports say they were not. The lone survivor was bodyguard Trevor Rees-Jones, who was sitting in the front passenger seat and was wearing a seat belt and had the benefit of an air bag. Rees-Jones is conscious and out of danger, but his face was badly damaged in the crash and it will be weeks before he can speak to investigators, a lawyer for the Al Fayed family said. "We know that the impact speed with the post was survivablebecause the bodyguard survived," said British road safety expert Richard Cuerden, the head of the University of Birmingham's Accident Research Center. "We expect that people in the rear have as good a chance, if not better, of making it," he told Reuters. "It is hypothetical, but if Princess Diana were wearing a belt, she may not have sustained life-threatening injuries." Paris Bureau Chief Jim Bittermann, Correspondents Brent Sadler and Walter Rodgers, The Associated Press and Reuters contributed to this report. Related Stories and Sites Princess Diana Dead - Message board Sound off on our message boards You said it... © 1997 Cable News Network, Inc. All Rights Reserved. Terms under which this service is provided to you.
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DUI / DWI, Drinking 
