Celebs & Legal Trouble: Tito Ortiz



                                                                                               Associated Press

 

MMA fighter, Tito Ortiz, 38, was arrested on Jan. 6 for misdemeanor DUI. Ortiz was driving on the 405 Freeway near Santa Monica when according to California Highway Patrol, "he lost control of his vehicle and struck a concrete center median." He was given a breathalyzer test where he registered .12. The legal limit in California is .08.

California DUI Law states that:
 (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
 (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
In most cases, both (a) and (b) offenses will be charged. The law dictates that an individual can be charged/convicted of both offenses, but only punished for one. The penalties for both offenses are the same.

A first DUI conviction, mandates a 4-month license suspension imposed by the CA Dept. of Motor Vehicles. The suspension typically begins 30-days after the arrest. However, an individual can schedule a hearing with the DMV to contest the suspension.

Additional penalties for a first offense can include 96 hours to 6 months in county jail, a fine of $390 to $1,000 plus additional assessment fees, 6 months license suspension, probation and mandatory enrollment into a treatment program. Courts may also order the installation of an ignition interlock system.

In many first offense cases, a probation term of 3-5 years is granted with no jail time. A fine of up to $2,000 and enrollment, participation in, and successful completion of a driving-under-the-influence program for 3 months or longer is also required.

The above information is courtesy of California Vehicle Code Sections 23152 (a) & (b), 13353.3, 23600, 23538, and 23536.


Disclaimer: The purpose of this article is not to provide legal advice.