June 2015 Newsletter
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Angel Baseball Tickets Giveaway

Every month, Virginia is having a drawing to give away Angels "Diamond Club" Baseball Tickets.  Persons who send referrals to our office will be entered into the drawing as a token of our appreciation for expressing their confidence in us by referring new clients. 

Please congratulate Shirley T. for winning last month's tickets!  


Watch the 1 minute video below for more information.


Preferred Client Personal Parking 


We have a Preferred Client personal parking space in front of our building for clients and potential clients who come to visit.

When The Cops Bust A Party, Who Is Criminally Responsible For The Drugs?

Consider this situation: A raucous house party is held late at night, and the neighbors complain. When police respond to the noise complaint, the host opens the door and the police see a coffee table full of illegal drugs. As the partygoers flee, the host realizes that he is in trouble. But how much trouble? And who can be held responsible for the drugs on the table?

Possession of Illegal Drugs

First, any person at the party who is in possession of illegal drugs can be arrested. While a person generally cannot be charged for only being under the influence of a drug, possessing any amount of it or any paraphernalia is a crime. Partygoers around the table could be considered to be "possessing" the drug, and may face criminal charges.

Distribution of Illegal Drugs

In addition to people who possess the drugs, the person who brought the drugs may face several charges, including distribution of illegal drugs.


Even if the person who brought the drugs did not charge anyone money, transferring drugs to another person is a crime. If money did change hands, the people who both sold and purchased the drugs would likely face charges.


The host may also be arrested for conspiracy to distribute drugs. Even if the host didn't take the drugs, by allowing the person with the drugs into the house, the host opened the door for his own charges. Allowing someone to use your residence to distribute drugs - even for free - may be enough to sustain charges for conspiracy.  


Social Host Liability


Finally, the host of a party may face civil liability for the drugs if they are taken by minors who drive while impaired and cause an accident.  


In general, social hosts in California are not liable for the accidents that their intoxicated guests cause. However, a 2014 California Supreme Court decision held that if there was a cover charge for the party, the party could be considered a "pop-up bar," and the host could be liable for serving alcohol to minors who get into accidents. Though that ruling applied to alcohol, it is possible that the same concept would apply with illegal drugs.  


After the Party, Call an Attorney


In a situation where a party gets busted, chances are that everyone around will be arrested and the mess will be sorted through later.


Whether it is your party or not, the police and the prosecutors will be looking to hold someone responsible. Some partygoers may blame others (rightly or wrongly) for bringing the drugs in hopes of a better plea bargain, and some may be arrested simply for standing in the wrong place.


If you ever find yourself in this or a similar situation, you need to hire an attorney as soon as possible. With the help of an experienced criminal defense attorney like those at the Law Offices of Virginia L. Landry, you can help make sure the blame for someone else's actions doesn't land on you.

DUIs and Prescription Drugs - Can You Be Arrested For Driving on Your Medication? 

Millions of people rely on prescription medications to function in their daily lives. A recent study from the Mayo Clinic showed that nearly 70 percent of Americans take at least one prescription, and more than half have two or more. When these same people need to drive, should they be worried about their prescription causing them to be arrested for driving under the influence? In California, the answer is yes.


DUIDs in California


California law prohibits anyone from driving under a drug - legal or not - which causes impairment. While arrests for driving under the influence of drugs (DUIDs) bring to mind people who were driving under the influence of illegal drugs or abusing painkillers, often these arrests can be simply a case of mixing medications or not anticipating a drug's effects.


Under the California statute, a "drug" is defined as anything that affects a person's brain, muscles, or nervous system. Any type of medication that can cause dizziness, blurry vision, drowsiness, hallucinations, or similar side effects would be considered a drug.




While most medications that people take on a daily basis do not cause a significant impairment, the combination of multiple drugs can cause problems. For example, a person on an antidepressant may be perfectly fine to drive in everyday life. If that same person comes down with a cold, and takes an antihistamine medication with a sedative effect, the combination of the two may create extreme drowsiness which could lead to an accident.


In this case, it wouldn't matter that the drugs the person took were legal - the law does not make a distinction between heroin and cold medication if the person was driving while impaired.


Proving Drug Use


Unlike regular DUIs caused by alcohol use, it can be more difficult to prove a DUID. First, there is no roadside breathalyzer test for drug use as there is with alcohol. Instead, an arresting officer will use his or her own judgment to decide if a driver seems impaired. If so, a urine test or a blood test can be ordered to test for the level of drugs in a person's system.


In addition, a Drug Recognition Evaluator (DRE) can be called to the scene to examine the driver. The DREs are trained in recognizing the signs of a person under either legal or illegal drugs, and the DREs opinion will likely determine whether or not a driver is arrested.




The problem with these types of tests is that they are very subjective. The DRE's opinion, while based on significant training, is still an opinion. Additionally, even blood tests cannot tell the investigator when or how much of a drug a person took without corroboration from the driver. A driver who has low levels of an opioid in his or her blood may have taken a lot of the drug a month ago, or a small amount that morning.


There is also no established standard to determine how much of an amount of a drug or medication in a person's system constitutes impairment. Someone who has a high level of a drug in their blood may have worked up to a greater tolerance on his or her doctor's orders, and may not be impaired at all. Or, that person may have taken a large amount of the drug earlier in the day and is significantly impaired. In these situations, the DRE's opinion is often vital to the case. We may require our own evaluator to help point out these assumptions and presumptions.


Help for DUIDs


Like any DUI, a DUID can result in serious consequences. A DUID is usually a misdemeanor, but can be a felony in certain circumstances. Regardless of how the offense is charged, the person who is arrested is still facing fines, the loss of a driver's license, and possible imprisonment.


Because of the complex nature of DUID cases, you need an attorney experienced with representing drug cases. Don't let the prosecutor assume that you were impaired if you were not! Get the representation you need on your side to fight back against criminal charges by calling the Law Offices of Virginia L. Landry. Our attorneys represent people accused of driving under the influence every day, and will work to help you clear your name.

For your free consultation, call 866.902.6880, or visit  www.orangecountycriminallaw.com  to learn more about defending your rights.
Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.


As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.

In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.


Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association, the Northern Arizona University Alumni Association and the Warren J. Ferguson Inns of Court.