Thursday, November 12, 2020

Catalina Island: Land of the Golf Cart DUI

It's been a long, lonely summer, but crowds are finally returning to Catalina Island.  With the influx of visitors, Avalon has seen a surge in golf cart-related accidents and DUI arrests over the past few weeks.

Under California law, it is illegal to operate any motorized vehicle while under the influence of alcohol, or with a blood-alcohol concentration (BAC) greater than 0.08%.  The rule also extends to drugs other than alcohol, and even to drugs that are legal or proscribed by a doctor.  That includes marijuana, Xanax, Adderall, pain medication, and anything else that inhibits a driver's ability to operate a vehicle safely.  

Drug-related DUI charges can be complicated because, unlike alcohol, there is no legal threshold that clearly defines how much Xanax, marijuana, or Adderall is "too much" to drive.  Those drugs might affect individual users differently, and some amount of them might actually a user safer behind the wheel, if the user is taking those drugs under a doctor's prescription.  

"Motorized vehicle" is not limited to gas-powered cars and trucks.  Golf carts have motors, so they're included.  That means -- and many visitors to Catalina are surprised to learn -- that you can be arrested for DUI in a golf cart.  You can even be arrested for DUI in a golf cart if you haven't been drinking, but you've been taking legal drugs.  

If you've ever driven a golf cart, you know that they do one thing well -- tip over.  Golf cart roll-over accidents are surprisingly common on the island, with its steep hills and hairpin turns.  Occasionally, these minor accidents result in major injuries.  If a driver is found to be under the influence and he contributes to a collision resulting in an injury, the DUI can be charged as a felony. 

All the other normal traffic laws also apply on Catalina Island, including laws against leaving the scene of a collision without exchanging information ("hit & run").  Any time a driver is involved in a collision that results in property damage or injury, he is required to immediately exchange insurance information with the owner of the property if that person can be ascertained.  If the driver cannot reasonably find the owner of the damaged property, he must report the incident to police.  Laws against leaving the scene of a collision even apply if public property is damaged (e.g. a retaining wall, a traffic sign, etc.).  With so many recent golf cart-related collisions in and around Avalon, the local sheriff's department has reported an uptick in hit & run incidents.  

Our office has extensive experience defending against DUI and Hit & Run cases on Catalina Island.  There are many possible defenses to these charges, but only a qualified attorney can determine the best strategy to fight your particular case.  

If you or a loved one has been cited or arrested on Catalina Island, call our office for a free, confidential attorney consultation.  (714) 449-3335.  Ask for John.  

Thanks for reading.  

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