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Speeding DUI Driver Hits and Kills Motorcyclist in Fullerton: Legal Insights on DUI Charges in California

Posted by Dan Kann | Jun 18, 2024 | 0 Comments

A recent tragic incident in Fullerton has brought attention to the severe consequences of driving under the influence (DUI). According to a report by KTLA, a driver speeding at 100 mph struck a motorcycle, resulting in a catastrophic outcome. This case underscores the critical importance of understanding DUI laws in California, the severe penalties involved, and the potential defenses against such charges.

The Incident: What We Know

The Fullerton crash involved a DUI driver who was allegedly traveling at 100 mph before colliding with a motorcyclist. The Orange County District Attorney's Office (OCDA) has highlighted the extreme recklessness and danger posed by such behavior. This incident not only resulted in significant injury but also highlights the broader public safety risks associated with DUI. Aside from being charged with DUI, the driver, Francisco Garcia-Vargas, 44 is also charged with Gross vehicular manslaughter while intoxicated. Depending on whether the driver is charged under Vehicle Code Section 191.5(a) or 191.5(b), he can be facing between 4 and 10 years in state prison.

Understanding DUI Charges in California

Driving under the influence (DUI) in California is governed by Vehicle Code Section 23152. A DUI charge can arise from operating a vehicle while impaired by alcohol, drugs, or a combination of both. The key elements include:

1. Impairment: The driver must be impaired to the extent that they cannot operate the vehicle safely.
2. Blood Alcohol Concentration (BAC): For drivers 21 and older, a BAC of 0.08% or higher is illegal. For commercial drivers, the limit is 0.04%, and for drivers under 21, it is 0.01%.

Consequences of a DUI Charge

The penalties for a DUI conviction in California can be severe and vary based on the specifics of the case, including prior offenses and the presence of aggravating factors such as excessive speeding or causing injury. Consequences may include:

- License Suspension: A DUI conviction can result in a suspended driver's license, significantly impacting one's ability to drive legally.
- Fines and Fees: Significant financial penalties can be imposed, including court fines, DUI program fees, and increased insurance costs.
- Imprisonment: Depending on the severity, DUI convictions can lead to jail time. Aggravating factors, such as causing injury, can result in longer sentences.
- DUI Education Programs: Mandatory participation in DUI education and prevention programs is often required.

Possible Defenses to a DUI Charge

Defending against a DUI charge requires a detailed understanding of the law and the circumstances of the arrest. Some potential defenses include:

- Improper Stop: Challenging the legality of the traffic stop that led to the DUI arrest.
- Inaccurate Testing: Questioning the accuracy and reliability of BAC testing methods and devices.
- Medical Conditions: Arguing that certain medical conditions could have influenced BAC results or mimicked impairment symptoms.
- Procedural Errors: Identifying any procedural errors made by law enforcement during the arrest and testing process.

Why Choose the Kann California Law Group?

At Kann California Law Group, we specialize in criminal defense, including DUI cases, and are dedicated to protecting the rights of our clients in Orange County and throughout Southern California. Our experienced DUI defense attorneys are committed to providing the highest level of legal representation, ensuring that every client receives an aggressive and zealous defense.


If you or someone you know is facing DUI charges, do not hesitate to reach out. Contact the criminal defense attorneys at the Kann California Law Group today for a free consultation. Our team is here to help you navigate the complexities of DUI laws and to fight for the best possible outcome in your case.

The best way to contact us is through our online confidential contact form. This will ensure that one of our Southern California DUI defense attorneys in your area, will reach out to you. You can also call us at 866-298-6217.

Protect your rights and your future with Kann California Law Group. Your defense starts here.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.


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