Marin DUI Lawyer Blog

Bruno Humberto Silvamieto, Cesar Antonio Rondon-Contreras, Ivan Alexander Vasquez-Aguilar and Luigi Renzo Dagnino-Arriaran were arrested on Tuesday, May 18, 2010, on suspicion that they stole wine from their employer.

San Rafael Police began a theft investigation after a wine distributor reported that approximately $30,000 worth of wine was missing from his warehouse in northern San Rafael. Some of the stolen wine showed up for sale on Craigslist and San Rafael Police officers set up a sting posing as buyers. Mr. Dagnino-Arriaran, a 33-year-old Novato resident, was arrested when he showed up to sell some wine to the undercover police officers.

Corte Madera residents Mr. Silvamieto, 19, and Mr. Vasquez-Aguilar, 30, and 44 year old Mr. Rondon-Contreras, all worked for the wine distributor according the the San Rafael Police Department. All there men were arrested in connection with the Marin County theft on May 18, 2010.

All four suspects were booked into the Marin County Jail on charges including embezzlement, conspiracy and receiving stolen property.

Continue reading "4 Marin County Men Arrested in San Rafael Wine Theft" »

26 year old Clinton Mark Dahms of Sonoma was arrested on Monday after driving his van through front yards and hitting a house in a Novato neighborhood.

Novato Police Officers said that Mr. Dahms drove his 1994 Pontiac through multiple lawns hitting shrubs, a tree, a parked car and retaining wall before smashing into a home on Rowland Blvd. Mr. Dahms ran from his Pontiac Van after hitting the parked car an pushing it into the residence.

It took three Novato Police officers to arrest Mr. Dahms after he ran through another home. He apparently did not cooperate with the officers and was booked into the Marin County Jail on a charge of resisting arrest. He was also booked for DUI, hit and run, being under the influence of a controlled substance, battery on a police officer and trespassing.

The case will now be reviewed by the Marin County District Attorney's Office for a formal charging determination. The charges for which Mr. Dahm's was arrested are mix of misdemeanors and felonies and if convicted he could be placed on probation with county jail time or he could be sent to the California Department of Rehabilitation and Corrections, prison. Being under the influence of a controlled substance in violation of Health and Safety Code section 11550(a) carries a minimum sentence of 90 days in jail. If convicted in this case Mr. Dahms may be required to attend a driving under the influence program, make restitution for the damages he caused, and attend drug treatment.

Continue reading "Marin DUI lawyer - Man arrested for drunk driving in Novato after plowing into a house" »

A former Marin resident, Thomas John Clagett, 27, was arraigned in the Marin County Superior Court on Monday. Mr. Clagett has been charged with robbing a bank in Novato in 2007.

He was extradited to Marin County from Ohio last week after the FBI arrested him at his father's home.

Bank robbery is a "strike" offense and is charged under Penal Code section 211. Being defined as both a serious and violent offense a conviction for a robbery carries a presumptive state prison sentence of up to 5 years.

Mr. Clagett will be back in the Marin County Courthouse on Thursday to enter a plea.

Continue reading "Marin County Criminal Defense - Bank Robbery Suspect Back in Court" »

A Daly City man and woman were arraigned in the Marin County Superior Court on Monday on a charge of possession of cocaine for sale. Marco Larrios, 32, and Carmen Roxana Gonzalez, 27 were arrested on April 15, 2010, in Ignacio. A third person, Wilfredo Umanzor, 24, of San Francisco, was also arrested and has been charged with being a lookout for Mr. Larrios and Ms. Gonzalez.

A plea hearing for all three suspects is pending and they remain in the Marin county jail with Federal Immigration holds.

Possession of cocaine for sale is a felony under the California Health and Safety Code and carries a maximum sentence of 4 years in state prison. Depending on a person's criminal history, the facts surrounding her arrest and the amount of drugs possessed, it may be possible to have a drug sales charge reduced to a simple possession charge.

An experienced San Rafael criminal defense attorney will review the legality of the arrest and may run a motion to suppress evidence based on an illegal search or seizure in violation of the suspect's rights under the 4th amendment to the United States Constitution. If a motion to suppress is granted the drug charges would likely be dismissed.

Continue reading "Marin County Cocaine Bust - Two charged with possession for sale" »

On Monday morning a Petaluma Police Officer was responding to a crash around 1:30 a.m. when he was side swiped by a suspected drunk driver. Twenty six year old Keith Obryan Johnson failed to move out of the way when the officer pulled up behind him with his lights flashing and siren blaring. When the officer changed lanes to go around him, Mr. Johnson turned to the left and struck the officers police cruiser.

Neither the officer nor Mr. Johnson were injured in the crash. Mr. Johnson was arrested after the accident and booked into the Sonoma County Jail with a blood alcohol test result of .12%, more than the California limit of .08%. Monday's driving under the influence arrest was the second for Mr. Johnson in February 2010. He was arrested for a DUI, assault and battery, car theft, driving on a suspended license and violating his probation on February 6 in Rhonert Park.

Mr. Johnson could be charged with a third DUI as he was convicted of driving under the influence in 2008 and placed on probation. DUI in California is a priorable offense for ten years from the date of arrest. As such, anyone convicted of driving under the influence or driving with a .08% or above can have their sentence enhanced if they are convicted of any subsequent DUI in the next ten years.

A third offense DUI can be punished with probation including a minimum jail term of 120 days, fines of more than $2,000.00, and mandatory attendance at a DUI program of 18 or 30 months. The DMV can also revoke a third offender's driving privilege for 3 years and will require the installation of an ignition interlock device, IID, upon application for a restricted license.

Continue reading "Sonoma County man hits Cop car - Arrested for DUI" »

Jason Douglas Hopkins, 32, of Santa Rosa, was arrested on suspicion of DUI on Tuesday after driving into a ditch and flipping the PT Cruiser he was driving.

Mr. Hopkins sustained minor injuries in the crash and was treated at Santa Rosa Memorial Hospital. The hospital reported that suspected marijuana and/or hashish was found in his belongings.

In addition to suspicion of DUI, CHP officers arrested Mr Hopkins for driving with a suspended license and possession of concentrated cannabis.

Continue reading "Santa Rosa DUI arrest after driver flips car" »

A 39 year old man, Aaron Jerome Rathblott, was contacted by Novato Police Officers on Saturday night as he slept in his truck in a park and ride lot. The officers and their police dog smelled marijuana and found suitcase full of pot.

Mr. Rathblott was arrested and booked into the Marin County Jail on felony charges of possession for sale and transportation of marijuana. The police estimate that the pot has a street value of more than $20,000.

Possession of less than an ounce of marijuana is a misdemeanor punishable by a fine of not more than $100.00. California Health and Safety Codee section 11357(b). However, a person convicted of possession for sale, section 11359, faces a prison sentence of up to 3 years and someone convicted of transportation, section 11360(a) can receive a state prison sentence of up to 4 years.

Continue reading "Marin County Cops find 8 pounds of pot" »

City of Fairfax police officers found 35 year old Henrik Carl Schmidt hiding in the attic of a home on Kent avenue on Wednesday morning. Police went to check on the home after receiving a call from a woman indicating that her keys and address information had been taken from her purse.

When the officers arrived at the home they found an open window on the second floor. They then contacted the home owner who confirmed that no one should be in the house and that she had closed all windows prior to leaving for work. Officers then entered the house and saw that it had been ransacked. After conducting a search they found Mr. Schmidt and a bag full of items in the attic.

Mr. Schmidt was arrested and taken to Marin General Hospital for asthma related treatment. His case report will now be turned over the the District Attorney and he is to appear in court for an arraignment on Thursday. Mr. Schmidt could be charged with 1st degree residential burglary in violation of Penal Code section 459/460. First degree burglary is a felony punishable by up to six year in the California Department of Corrections and Rehabilitation.

Continue reading "Marin County - Suspected Burglar found in Fairfax attic" »

On Friday October 30th police responded to a call that a Disc Jockey had gotten into a dispute with the owner of a restaurant where he was to perform in the City of Sonoma. Officers were informed that the DJ, 28-year-old Scott Woebcke of Sonoma, had poured a pitcher of beer on an expensive turntable at Emmy's Spaghetti Shack on Broadway after getting into an argument with the proprietor.

When police responded they found Mr. Woebcke agitated and yelling in the street. They then got word that someone had entered Shiso restaurant on Broadway, damaged some property and attacked restaurant owner and chef Ed Metcalf as he tried to subdue the vandal. Police took Mr. Woebcke to both restaurants and he was identified as the suspect who soaked the turntable and committed battery on Mr. Metcalf.

Mr. Woebcke was arrested on suspicion of felony vandalism, battery and for being drunk in public. He was booked into the Sonoma County Jail. If convicted for the felony he faces the possibility of going to state prison, or being placed on probation with possible county jail time. In California battery and being drunk in public are both misdemeanors and carry potential jail sentences, fines and could result in court ordered alcohol or anger management classes.

Continue reading "Sonoma man arrested for drunkenness, battery and vandalism." »

Early Friday morning, October 23, 2009, a San Francisco Police Officer contacted Antonio Dalballo after stopping him for a traffic violation in the Haight Ashbury neighborhood. When the officer approached Mr. Dalballo he smelled the order of an alcoholic beverage and began a DUI investigation.

When the officer ordered Mr. Dalballo to exit his vehicle he ignored the officer's commands and began to reach for his ignition. When the officer reached for the car keys Mr. Dalballo grabbed the officer's arm and took off speeding and colliding with several cars while dragging the officer.

The officer was eventually thrown to the ground and Mr. Dalballo was arrested a short time later. He was booked on suspicion of felony aggravated assault on an officer, felony drunken driving with injury, evading a police officer and marijuana possession.

Continue reading "San Francisco Police Officer dragged by suspected DUI Driver" »