A March 1, 2010 Orange County car accident that injured an elderly couple was caused by a suspected drunk driver who is also an Orange County Sheriff's deputy. According to a news report in The Orange County Register, the crash injured Benjamin and Dolores Molina. Deputy Allan James Waters was driving his 2008 Mercedes erratically on the Street of the Golden Lantern, in Laguna Niguel, when he made an unsafe turn to the right striking the Molinas' Toyota. The car crashed into a tree. Dolores Molina was hospitalized with injuries.

Second Crash of the Night

Apparently, this was not Waters' first accident that day. The officer who was already on paid administrative leave had crashed into a Lexus just 33 minutes before hitting the Molinas' Toyota. A sheriff's deputy took a report and sent the drivers on the way. The department is now looking into whether officers missed signs of intoxication in Waters during the earlier crash or whether they gave their co-worker a break. After the second crash involving the Molinas, Waters was arrested on suspicion of driving under the influence. An investigation is underway.

My heart goes out to Benjamin and Dolores Molina. I hope their injuries were not serious and I wish them the very best for a speedy and complete recovery. They will be in my prayers. Apparently, another driver was following Waters and called 911 because she was concerned about his erratic driving. Sadly, the DUI collision involving the Molinas occurred before help arrived.

DUI Laws in California

California Vehicle Code Section 23152 (a) states: "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." The same code section also states that it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.

Liability Issues

Based on this report, the sheriff's deputy was not on duty. But it is puzzling why he was let go barely a half hour before he drove erratically and caused this accident, which could have been deadly for the Molinas. I would urge the Orange County Sheriff's Department to thoroughly investigate this case and hold anyone who was negligent responsible. I hope Waters is held civilly and criminally responsible for his actions. An experienced Orange County personal injury lawyer will be able to advise the Molinas about their legal rights and options.

A knowledgeable car accident lawyer will also advise victims about how their car insurance policy applies to an incident involving an uninsured or underinsured driver. If the Sheriff's Department is determined to have been responsible for letting a suspected drunk driver go, they could be held liable as well. Any claim against a governmental agency must be filed within 180 days of the accident or injury, under California law.

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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