According to news reports, Matt Keough, one of the husbands featured on ‘The Real Housewives of Orange County’ was arrested last month for allegedly driving under the influence in Orange County.  According to news reports, Mr. Keough reportedly failed to stop at a stop sign, (commonly referred to as a “California Stop”) in Coto de Caza and then refused to stop until he arrived at his home.  Mr. Keough allegedly registered a breath-alcohol contentration three times the legal limit.

The purpose of this blog entry is not to advertise the arrest of Mr. Keough for DUI, but rather to highlight the fact that because Mr. Keough was convicted of felony DUI in 2005, in which he reportedly hit and injured a pedestrian, he will automatically be charged with a felony in this matter even if this new offense was actually only a misdemeanor (Vehicle Code § 23550.5(a)(1)).  This is because any prior felony will result in any new DUI charge being filed as a felony, regardless of whether the new conduct would have only resulted in a misdemeanor filing absent the prior felony conviction.  Moreover, because Mr. Keough is still on probation for the prior felony case, he will also have a felony probation violation with which to deal.  This is made more serious in this case as Mr. Keough had a prior probation violation in January of 2008 for which he was sentenced to 180 days in jail. 

As with anyone in this type of situation, it is important to seek the assistance of an experienced DUI Attorney who knows the Orange County Court system and how to deal with felony DUI cases, particularly those that are only filed as felonies as a result of a prior felony DUI conviction.

According to an Orange County Court News Release, beginning August 1, 2009, traffic violators in Orange County who qualify for traffic school will have the option of attending any DMV-approved classroom traffic school or any court-approved online traffic school.  This is a change from the prior requirement in Orange County that all traffic school programs be classroom style traffic school programs offered only at Orange County Court locations.

To effectuate this change, the Orange County Courts have entered into an agreement with California Traffic Safety Institute (CTSI), a non-profit organization, to oversee the various traffic school programs and assist in the preparation of certificates of completion that are entered into court records.  According to the Orange County Court News Release, CTSI will maintain and monitor a list of approved traffic schools.  Traffic violators will select any school from the approved list and then enroll with and pay the instructional fee directly to the school.  Statutory traffic school fees and court fines will continue to be paid directly to the Court.

California Traffic Safety Institute (CTSI)

209 E Avenue K-8, Suite 210

Lancaster, California 93535

Telephone: 661-940-1907

Website: www.ctsi-courtnetwork.org

More Women Getting Arrested for DUI

The National Highway Traffic Safety Administration (NHTSA) has just released a study which alleges that more women are being arrested for driving under the influence of alcohol (DUI).  The study, titled “Alcohol-Impaired Drivers Involved in Fatal Crashes, By Gender and State, 2007-2008)(DOT HS 811 095) points to an FBI study (Crime in the United States – 2007) which shows a nearly 29% increase in the number of women being arrested for DUI between 1998 and 2007.  There was a 7.5% drop in arrests of men for DUI over the same period.  To keep it in perspective, however, about 4 times more men than women were arrested for DUI in 2007.  The NHTSA study points out that the number of women that were arrested for DUI in 2008 versus 2007 went up or stayed the same in 15 states, compared with 13 states for the men.  The study then pronounces these changes significant in light of the 9% drop overall in DUI arrests between 2007 and 2008.  

Another way of looking at these statistics though is that in 40 states the number of women arrested for DUI either stayed the same or decreased.  In fact, although not highlighted in the text of the study, the data indicate that between 2007 and 2008, in spite of the increases in 10 states, the overall number of women arrested for DUI in the United States went down 11 percent.

While speaking at a news conference with US Transportation Secretary Ray LaHood, Mothers Against Drunk Driving (MADD) president Laura Dean-Moody was quoted by CNN as speculating on the reasons for the alleged increase.  Moody surmised that the causes of the increase might include economic pressures and television depictions of moms who stay home and drink.  In our experience, the increase might be more due to increased independence of women, who are more likely to drive themselves to events where alcohol is being served, rather than rely on men for their transportation. It is becoming more socially acceptable for women to travel alone, even at night. 

Another confounding factor is the interaction of alcohol with a woman’s unique physiology.  Studies have indicated that a woman’s alcohol metabolism may be affected by the phase of the menstrual cycle and taking oral contraceptives. Moreover, women generally have different body water content from men, which, along with weight, affects a women’s volume of distribution and can lead to higher alcohol levels.  If you are a woman facing a DUI arrest, make sure your attorney understands these special issues.

To read the NHTSA study, go to:

http://www.nhtsa.gov/staticfiles/DOT/NHTSA/reports/811095.pdf

To read the FBI report, see:

http://www.fbi.gov/ucr/ucr.htm

To read about DUI Issues & Women, go to:

http://www.duilawyerorangecounty.com/orange_county_dui_issue_woman.html