SAN DIEGO, Calif. (CBS 8) - There's new information in the death of a pregnant Lemon Grove woman killed by a suspected drunk driver.
A News 8 investigation has uncovered court records showing a previous drunk driving conviction against the driver.
Not even the district attorney's office knew about this earlier case, and it could result in more serious charges being filed.
Family members reacted with tears Friday to court documents showing the drunk driver accused of killing their loved one has a previous DUI.
"He killed my daughter, and this is the second time," mother Ronda Zambora said.
Elaina Luquis-Ortiz, 21, and her unborn son Romeo died in the Jan. 1 collision on Interstate 805. The driver, 40-year-old Joseph Vegegas, is accused of being three times over the legal limit with a .25 blood alcohol level.
"Obviously he had a problem. This much is true," Luquis-Ortiz's brother Richard Maldonado said.
No one seemed to know about the 1992 drunk driving conviction against Venegas, uncovered by News 8. At his arraignment Wednesday, public defender Bruce Kotler told the judge Venegas did not have a prior criminal record.
The 18-year-old conviction had been deleted from the county computer system. News 8 had to special order the records from county storage.
Venegas was 22 years old at the time, and the records show he pleaded guilty to driving with a .12 blood alcohol level.
Luquis-Ortiz's husband Frank is outraged.
"I just can't believe you discovered this and not our justice system," he said. "People are not doing their jobs how they should be."
The district attorney's office has charged Venegas with vehicular manslaughter while intoxicated, but now that could change. Before this old case came to light, prosecutors said the investigation was ongoing.
"Murder was considered in this case. He was arrested on murder. We will continue to evaluate the evidence. I am confident we have charged the appropriate charge. We will continue to evaluate the evidence as it comes in," deputy district attorney Corinne Miesfeld said.
The family is now hoping the DA will file new charges.
"He already knew he drove drunk before, and now he did it again and killed my wife and son. So he should be charged with murder now," Frank Luquis-Ortiz said.
The public defender's office represented Venegas in the 1992 case, as it does and this current case. News 8 contacted Venegas's attorney and his mother. Both claimed they had no knowledge of the 1992 conviction.
Source
Monday, February 15, 2010
Monday, August 24, 2009
San Diego DUI Penalties
San Diego DUI penalties can last for many years after the initial DUI conviction. Some of the lasting effects can be as long as 10+ years depending on how you handle the situation. The important things to do when arrested for a DUI in San Diego are to first seek the counsel of a skilled DUI lawyer in San Diego and then listen to everything the courts and your attorney tell you to do. Following through with all of your punishments as well as keeping up with all necessary paperwork can be crucial to ensuring that this doesn’t stick around longer than it needs to.
The most important aspects of dealing with a San Diego DUI are discussed here:
First Offense DUI in San Diego - For a 1st offense you’ll likely deal with the following penalties in San Diego…
The above punishments are what you’ll likely face for a first offense San Diego DUI. For second offense DUI and other repeat offenses the punishments will be much more severe. Please contact us for information regarding those DUI penalties as well as to schedule a free DUI consultation.
Source
The most important aspects of dealing with a San Diego DUI are discussed here:
Initial San Diego DUI Considerations :
- First you want to stabilize your situation. This means seeking out the appropriate mental, emotional, and legal support necessary to make you feel comfortable about what is happening. This means facing the situation at hand, telling those around you what you are dealing with AND contacting a skilled San Diego DUI lawyer and discussing your case.
- Second, you want to decide how serious your case is and what your actual chances are of reducing the DUI charges and/or getting them dismissed all together. Discuss this with your San Diego DUI lawyer.
- Last, you’ll want to proceed with your DUI defense and plan to deal with the consequences.
If Convicted of a San Diego DUI :
If you do end up getting convicted of a DUI in San Diego here’s what you’ll likely face:First Offense DUI in San Diego - For a 1st offense you’ll likely deal with the following penalties in San Diego…
- California Vehicle Code § 23536 states that you’ll be sentenced to not less than 96 hours in SD county jail; of which 48 hours should be consecutive, and a fine of $390 to $1,000 will be paid.
- Your Drivers license will be suspended for roughly 3-4 months depending on the specifics of your San Diego DUI.
- You will have to participate in a court ordered DUI alcohol assessment and treatment program. The length of which depends on the alcohol assessment. Minimum is a 3 month DUI program up to 12-18 months.
- Ignition interlock device is possible.
- MADD impact panel attendence.
The above punishments are what you’ll likely face for a first offense San Diego DUI. For second offense DUI and other repeat offenses the punishments will be much more severe. Please contact us for information regarding those DUI penalties as well as to schedule a free DUI consultation.
Source
Monday, August 17, 2009
San Diego DUI Lawyers
seem to continue to grow in numbers for some strange reason…? Maybe it has something to do with the increasing number of DUI offenses within San Diego county… or not.
Within the last 3 years (2005 - 2008) there has been an increase in the number of criminal defense lawyers advertising that they handle drunk driving or DUI offenses. One of the reasons this is happening is due to the county court house and the way they are now handling DUI cases. They’re becoming more and more ’standardized’ which means that there is less leeway to provide a proper defense.
As more and more DUI laws are passed and imposed not just within San Diego county but the entire state of California it makes it more profitable for criminal defense attorney’s to get into the ‘ DUI Business ‘ because it will take them less time, effort and energy to defend a client without having to reduce their fees.
Yes, that means that they will charge the same amount of fees for LESS service/defense for their DUI clients due to the way the San Diego County Courts are deciding to handle DUI cases.
So What Can DUI Offenders Do ?
The short answer is ‘not much’ but overall there are some options. The first thing someone can do is to ensure that they are dealing with a reputable DUI lawyer and not a lawyer that practices the ‘windmill’ approach which is where a criminal defense lawyer focuses on getting many low cost/low time required clients in and out of the practice. These are the practices that do heavy advertising… they focus on getting as many DUI offenders in the door as possible by offering low fees (through ad saturation throughout many, many different media sources) but then offer a very ‘non-existant’ defense.
In this regard the old adage, “You Get What You Pay For” is very, very relevant. I hate to say it but a smaller criminal defense lawyer specializing in DUI defense here in San Diego is much more likely to give you a proper defense than a HUGE high volume ‘windmill’ type firm.
Within the last 3 years (2005 - 2008) there has been an increase in the number of criminal defense lawyers advertising that they handle drunk driving or DUI offenses. One of the reasons this is happening is due to the county court house and the way they are now handling DUI cases. They’re becoming more and more ’standardized’ which means that there is less leeway to provide a proper defense.
As more and more DUI laws are passed and imposed not just within San Diego county but the entire state of California it makes it more profitable for criminal defense attorney’s to get into the ‘ DUI Business ‘ because it will take them less time, effort and energy to defend a client without having to reduce their fees.
Yes, that means that they will charge the same amount of fees for LESS service/defense for their DUI clients due to the way the San Diego County Courts are deciding to handle DUI cases.
So What Can DUI Offenders Do ?
The short answer is ‘not much’ but overall there are some options. The first thing someone can do is to ensure that they are dealing with a reputable DUI lawyer and not a lawyer that practices the ‘windmill’ approach which is where a criminal defense lawyer focuses on getting many low cost/low time required clients in and out of the practice. These are the practices that do heavy advertising… they focus on getting as many DUI offenders in the door as possible by offering low fees (through ad saturation throughout many, many different media sources) but then offer a very ‘non-existant’ defense.
In this regard the old adage, “You Get What You Pay For” is very, very relevant. I hate to say it but a smaller criminal defense lawyer specializing in DUI defense here in San Diego is much more likely to give you a proper defense than a HUGE high volume ‘windmill’ type firm.
Monday, August 10, 2009
So What Can a San Diego DUI Lawyer Do For You For a 2nd Offense DUI?
First off you should not even consider trying to defend yourself if this is your second offense. You’ll absolutely want to get a San Diego DUI lawyer to defend you. The consequences/punishments you face are far too great to go it alone.
A reputable lawyer here in San Diego can fight to keep you out of jail and possibly even beat the second offense DUI depending on the circumstances of your arrest. What’s important is that you retain a skilled, aggressive San Diego DUI lawyer as soon as possible.
Waiting can worsen your chances of a favorable outcome. Call us today to discuss your case and options if you’ve been arrested for a second offense DUI in San Diego.
Source
A reputable lawyer here in San Diego can fight to keep you out of jail and possibly even beat the second offense DUI depending on the circumstances of your arrest. What’s important is that you retain a skilled, aggressive San Diego DUI lawyer as soon as possible.
Waiting can worsen your chances of a favorable outcome. Call us today to discuss your case and options if you’ve been arrested for a second offense DUI in San Diego.
Source
Monday, August 3, 2009
Second Offense DUI in San Diego
A second offense DUI in San Diego occurs when a person is arrested and convicted of violating Vehicle Code §23252 within 10 years of a previous violation. San Diego DUI lawyers spend a good amount of time defending clients from second offense DUI arrests here throughout San Diego County.
There’s a few reasons why 2nd offenses are common;
There’s a few reasons why 2nd offenses are common;
- After your first DUI here in San Diego you cannot legally drive (after you get your drivers license back) with any measurable amount of alcohol in your blood. So any subsequent arrests will result in a DUI conviction if your blood alcohol limit is above zero… as you can see the liklihood of getting another DUI in this circumstance is much greater.
- Most people that get DUI convictions here in San Diego are what most people consider your typical ‘normal’ people. They’re doctors, real estate agents, CPA’s, waiters, lawyers, etc… In other words these are people that have in most cases never had a brush with the law. So a DUI is quite a shock… it’s a lot to handle and depression and anxiety weigh heavily causing an increased chance of ‘messing up’ again.
Monday, July 27, 2009
What Does It Take To Beat A San Diego DUI Charge
One of the first things a person who has been arrested on a DUI charge in San Diego thinks is “How can I beat this charge”? The mistake that a lot of people make who have been arrested for DUI make is to make the decision to not have a DUI lawyer represent them in their defense of the DUI charge.
Beating or even reducing a DUI charge in San Diego county is extremely difficult, if not impossible in most cases without the help of an experience DUI lawyer who practices in San Diego and knows the San Diego court system and the California DUI laws like the back of their hand, so to speak.
Whether or not you live in San Diego or any other part of the United States and you have been arrested on a drunk driving charge and are a waiting your day in court. One of the first things you must do, is to hire an experienced DUI lawyer to represent you in court.
When you make this decision, base it on your future and the potential impact a DUI conviction will have on your life down the road. Don’t just think about the costs of hiring a DUI lawyer, this is a fatal mistake.
Source
Beating or even reducing a DUI charge in San Diego county is extremely difficult, if not impossible in most cases without the help of an experience DUI lawyer who practices in San Diego and knows the San Diego court system and the California DUI laws like the back of their hand, so to speak.
Whether or not you live in San Diego or any other part of the United States and you have been arrested on a drunk driving charge and are a waiting your day in court. One of the first things you must do, is to hire an experienced DUI lawyer to represent you in court.
When you make this decision, base it on your future and the potential impact a DUI conviction will have on your life down the road. Don’t just think about the costs of hiring a DUI lawyer, this is a fatal mistake.
Source
Monday, July 20, 2009
Prior to trial, man pleads guilty in DUI hit-run death
EL CAJON – On the eve of the start of his trial, a 44-year-old Alpine man pleaded guilty Tuesday to gross vehicular manslaughter involving alcohol in the hit-and-run death of a bicyclist in December.
The change of plea by Travis Weber included an enhancement for hit-and-run driving and an agreement by attorneys for both sides that Weber will be sentenced to 11 years in state prison on June 25.
In addition, relatives of the victim, Edward Costa, 30, of Alpine, will be allowed to make statements before Weber is sentenced.
“It was a tragic case,” said attorney Russell K. Robinson, Weber's defense counsel. “Mr. Weber is a spiritual man and he feels very bad about this whole thing. If he could change anything, he would.”
Robinson said he and the prosecutor, Deputy District Attorney Gordon Paul Davis, had worked several weeks to reach a resolution that would be fair to Weber and also spare Costa's relatives from the ordeal of a trial.
Davis said the case was difficult, in part, because the state lacked clear evidence that Weber was drunk at the time of the accident, since authorities did not find him until his arrest two days later.
On Dec. 2, Costa was riding his mountain bike in the bicycle lane on Alpine Boulevard at Rock Terrace Road just before 5 p.m. when a truck came from behind and slammed into him, authorities said.
Two days after the crash, as Costa's family and friends were holding a memorial vigil at the crash site, they saw Weber pull into the Liars' Club parking lot across the street, a witness testified at a preliminary hearing in January. The witness said she performed a citizen's arrest while others summoned sheriff's deputies.
Also at the hearing, a California Highway Patrol officer testified that Weber said that he had been on a drinking binge for five days or more at the time and didn't remember anything that happened on Dec. 2.
Source
The change of plea by Travis Weber included an enhancement for hit-and-run driving and an agreement by attorneys for both sides that Weber will be sentenced to 11 years in state prison on June 25.
In addition, relatives of the victim, Edward Costa, 30, of Alpine, will be allowed to make statements before Weber is sentenced.
“It was a tragic case,” said attorney Russell K. Robinson, Weber's defense counsel. “Mr. Weber is a spiritual man and he feels very bad about this whole thing. If he could change anything, he would.”
Robinson said he and the prosecutor, Deputy District Attorney Gordon Paul Davis, had worked several weeks to reach a resolution that would be fair to Weber and also spare Costa's relatives from the ordeal of a trial.
Davis said the case was difficult, in part, because the state lacked clear evidence that Weber was drunk at the time of the accident, since authorities did not find him until his arrest two days later.
On Dec. 2, Costa was riding his mountain bike in the bicycle lane on Alpine Boulevard at Rock Terrace Road just before 5 p.m. when a truck came from behind and slammed into him, authorities said.
Two days after the crash, as Costa's family and friends were holding a memorial vigil at the crash site, they saw Weber pull into the Liars' Club parking lot across the street, a witness testified at a preliminary hearing in January. The witness said she performed a citizen's arrest while others summoned sheriff's deputies.
Also at the hearing, a California Highway Patrol officer testified that Weber said that he had been on a drinking binge for five days or more at the time and didn't remember anything that happened on Dec. 2.
Source
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