Los Angeles DUI Attorney Blog

In the annals of arrests for driving under the influence in Southern California, the March 3 bust of 56-year-old Roy Ashburn for driving with a BAC of 0.14% in Sacramento wouldn’t stand out as particularly noteworthy -- but for two salient points:

1. Roy Ashburn is a State Senator from California (a representative of District 18).
2. The Senator was busted after leaving a gay bar called Faces with a young male Latino in his car -- this in spite of his pronounced anti-gay voting record and the fact that he had been married with five children.

In the wake of the arrest, Ashburn quickly confessed to the press the he was gay. He justified his 12+ years of Assembly and State Senate voting against gay rights by saying that he was simply following the wishes of his conservative constituents. Southern California DUI bloggers have noted that the Republican senator’s ordeal has rhymed closely with the travails of other recently outed Republicans, like evangelical Ted Haggart and senator Larry Craig, who was caught playing footsie with a federal agent in a public men’s room.

According to California Vehicle Code Section 23152(a) and 23152(b), most first time offenders will be charged with a misdemeanor. The court has an array of punishments at its disposal, including mandatory time in custody (48 hours), fines of up to $1,000 in addition to court costs, mandatory suspension of California vehicle license for a full year, mandatory alcohol school, formal probation, and mandatory installation of an interlock ignition device in your car or truck.

Ashburn was given 2 days jail time -- one of which he served while being in custody during arrest. The other day will involve him working for the Sheriff's Department. He also has to pay fees and costs of around $2,000, and he will face three years of probation.

According to the senator’s spokesman, Ashburn “accepts full responsibility for his actions (and wants to be) treated like any other resident of California would be treated.”

Although few would argue that the senator got off “easy” for what he did, others charged with similar crimes of driving DUI in Glendale or DUI in Burbank can wind up with much more serious penalties, including longer stints in jail, harsher terms of probation, and much higher costs and fees.

In fact, if you injure someone while driving DUI in Glendale, and the prosecution can prove that your driving DUI led to an accident that caused the injury, you can be charged under California Vehicle Code (CVC) Sections 23153(a) and 23153(b), which could elevate your misdemeanor to a felony charge. If convicted, you could be stripped of your right to vote and forced to spend longer time in jail.

So what can you do if you’ve been hit with a Burbank or Glendale DUI charge?

Continue reading " Southern California DUI Punishment Update -- State Senator Roy Ashburn Given Jail Sentence for March 3rd DUI " »

More fodder for Los Angeles DUI and celebrity DUI bloggers -- veteran reality TV star and self-described “actress” Megan Hauserman was arrested in Miami for DUI on April 16th at 3:15 AM.

The 28-year-old Hauserman -- a one-time Cyber Girl for Playboy and star of a slate of reality shows, including ‘Rock of Love’ (Parts 1 and 2), ‘I Love Money,’ ‘Beauty and the Geek,’ and her own project, ‘Megan Wants a Millionaire,’ which was cancelled after three episodes after one of the contestants murdered his wife -- was stopped for driving 25 miles per hour over the speed limit on the MacArthur Causeway in Miami.

Megan allegedly failed her breathalyzer test by blowing a 0.102% (Florida’s limit is 0.08% BAC -- the same as the limit for Southern California DUI). Hauserman allegedly was on her way to her job at a strip club (New York Strip Steakhouse and Cabaret), but she told the troopers who pulled her over that she was heading to film a TV show.

Hauserman is no stranger to controversy. While filming a special episode for ‘Charm School,’ she got into a brawl with Sharon Osbourne and had to be physically removed from the set (in her bikini).

Police claim that Hauserman had alcohol on her breath. What other signs do police look for when investigating whether someone is or is not driving under the influence in Pasadena?

Los Angeles DUI signs can include:

o Disheveled appearance
o Inappropriate or non-answers to police questions
o Inconsistent or incoherent story telling
o Odor of alcohol on the breath (as Megan allegedly had)
o Watery eyes
o Fumbling, stumbling, and mumbling
o Lack of balance
o Admission to having had alcohol
o Inconsistent or inappropriate behavior (e.g. going from giddiness to hysterical crying)
o A general slowness and lack of alertness

What should you do if you’ve been hit with a charge of driving under the influence in Pasadena (or elsewhere in Southern California)?

Although you and your family may be stunned by your recent DUI charge, it may behoove you to take a quick and direct action to avoid the worst penalties and consequences. If convicted, you could lose your license, have to serve jail time, be forced to pay fines and court costs, and be compelled to install an interlock ignition device in your vehicle (among other punishments).

Continue reading " Celebrity Los Angeles DUI Alert -- Prolific Reality TV Star, Megan Hauserman, Arrested in Miami for DUI " »

Actress Heather Locklear, star of the TV series "Melrose Place," was hit with a misdemeanor hit-and-run charge Saturday; her case could be vastly complicated by her previous arrest for driving under the influence in Southern California in September 2008. According to the Deputy District Attorney for Santa Barbara, Lockley "could be facing a maximum of 90 days" in prison, if she's convicted of violating her Los Angeles DUI probation.

Play-by-play of the crash and arrest

On 4 A.M. Saturday night, a local Ventura County resident woke to the sound of a violent crash near his house. He investigated and saw a car smashed into a "no parking" sign. The driver peeled off. Concerned, the witness called the police, who investigated and connected Heather Locklear with the crash. Her black BMW had damage to its tire well that matched perfectly with damage to the "no parking" sign.

The police captain who cited Locklear did not handcuff her or take her to the station. Nevertheless, a court date has been set for May 17. (After her 2008 arrest, the 48-year-old actress was sentenced to 12 hours of road safety training, a $700 fine, and three years probation--in exchange for getting her Southern California DUI charge dropped.)

Whether a celebrity has been arrested for DUI in Burbank or for driving under the influence in Long Beach, she can be charged according to two DUI laws: California Vehicle Code Sections 23152 (a) and 23152 (b). The first statute says that if police stop you for driving under the influence of alcohol or drugs, they can arrest you and charge you with a misdemeanor or felony. Convicted offenders face jail time, suspension of California's drivers license, points on the DMV record, and major fines and court costs. 23152 (b) defines DUI in Southern California "per se" as having a blood alcohol content (BAC) at or above 0.08%.

Although a single conviction of DUI in Burbank may only result in a misdemeanor, the charge can be elevated to a felony if this is your third DUI within 10 years or if you hurt someone.

Legal assistance for dealing with a charge of DUI in Southern California

If you or a loved one has been arrested for DUI -- whether you face straightforward charges or more complicated ones like Heather Locklear now faces -- you can likely benefit from the counsel of an experienced and trial-proven attorney.

Continue reading " Heather Lockhear hit-and-run case could be complicated by her 2008 Southern California DUI " »

Southern California DUI headlines about indiscreet celebrities and sports figures capture a sizable (perhaps undue) slice of the American attention span. But today we are reporting on a story that’s potentially even more bizarre than the standard Lindsay Lohan DUI or Paris Hilton DUI type affairs.

A breaking story out of Reno, Nevada has lit up the blogosphere -- even though no celebrities, sports figures, or even politicians were involved. Why all the fuss? Because it involves two men simultaneously arrested for driving under the influence in one stop.

The back-story

Last Tuesday, a motorist called the Reno police after he saw an SUV weaving around the road near Sparks Steakhouse (near McCarran Boulevard in North Reno). The motorist saw the SUV stop. The passenger hopped out of the vehicle, walked around to the driver, pulled him out and then carried him like a sack of potatoes back to the passenger side. The passenger then got into the driver’s seat and drove away.

By this time, police had arrived -- in time to see the new driver (the former passenger) veering erratically over the road. Police pulled over the SUV and tested both men -- Michael Yell and David Dudick -- both of whom tested three times over the state’s legal limit of 0.08%.

“Double dip” Southern California DUI stops occur infrequently -- but this incident out of Reno was not even the first of its kind that this blog has covered (if you recall, several months ago, we reported on a husband and wife who both got arrested for driving under the influence in Los Angeles at the same stop -- although each was driving a different car).

Two statutes govern Long Beach DUI charges.

The first, California Vehicle Code Section 23152(a) defines the term “driving under the influence” as a crime that can lead to your arrest. It also stipulates the many consequences that await convicts, including driver’s license suspension, fines and court costs, points on your license, jail time, and mandatory alcohol education. (The statute does not, obviously, talk about the secondary fallout from these primary punishments -- such as increased insurance rates, potential difficulties with employers, and so forth -- but convictions under the statute can have long-term and complex consequences).

The second, California Vehicle Code Section 23152(b), defines DUI “per se” as driving with a blood alcohol concentration of 0.08% or greater. California Vehicle Code Section 23578 defines so-called excessive blood alcohol content as a BAC of 0.15% or higher. This may lead to a DUI penalty enhancement -- in other words, your punishments can be even greater than they might be for a standard BAC violation.

Whether you were arrested under suspicion of driving under the influence in Long Beach, Burbank, Glendale, or elsewhere in Southern California, you will likely want an attorney to represent you through the various phases of your defense. Do not underestimate the power of prosecutors. The state tends to be particularly aggressive with DUI suspects.

Continue reading " More Peculiar than Even a Celebrity Los Angeles DUI -- Case Out of Reno in Which Both Passenger and Driver Arrested Simultaneously for DUI! " »

Across the blogosphere, reporters who cover celebrity Los Angeles DUI events have been chiming in with opinions about the arrest of Rod Strickland, an Assistant Coach for Kentucky’s basketball team and former NBA star (17-year NBA veteran, in fact). The 43-year old Strickland was arrested at 3 a.m. on April 13th in Lexington, Kentucky after police saw him run a red light.

Per court documents, Strickland failed a breathalyzer test. Police remanded him to the Fayette County Detention Center on charges of driving under the influence, running a red light and lacking registration and insurance.

Strickland has run afoul of the law numerous times over the past several years:

o In 1994, he and a fellow teammate on the Portland Trailblazers got into a fistfight with a truck driver, earning Strickland a misdemeanor battery charge.
o In 1998, Strickland collected his first DUI conviction.
o In 1999, while with the Wizards, he collected another DUI and reckless driving charge but managed to get acquitted.
o In 2001, in Virginia, Strickland got arrested for driving under the influence again.

The laws governing Kentucky and Southern California DUI matters are different in significant ways. Let’s look at a common test for Los Angeles DUI -- the famous Breathalyzer Test.

The breathalyzer is a handheld device that intakes a suspect’s breath and chemically analyzes it to determine its alcohol content. From the sample, analysts extrapolate a BAC number (blood alcohol concentration). If your BAC is at or above 0.08%, you can be found in violation of the California Vehicle Code Section 23152(b) and suffer a range of penalties, including court costs and fines, jail time, mandatory alcohol school, probation, and forced installation of an interlock ignition device.

Breathalyzers are not error-free, however. Indeed, a surprising variety of factors can interfere with test results. Men and women process alcohol differently and at uneven rates. Breathalyzers do not distinguish between ethanol -- the active ingredient in alcoholic beverages -- and certain other chemicals. Diabetics may blow false positives due to chemicals in their breath. Different exhalations can yield different BAC readings -- even from the same person taken at the same time! And calibration problems, administration problems, inadequate care of machinery and mis-reading the instrument can all lead to false positives -- and that can mean false convictions for Southern California DUI charges.

But what if a breathalyzer said you had a BAC above 0.08%? Will you be stuck with a Burbank DUI or Glendale DUI charge? Or can you do something to fight back and prove your innocence?

Defendants do have options to battle back. A reliable, trial-proven lawyer can investigate your breathalyzer test results and determine whether they can be challenged on any number of grounds. He or she can also devise a comprehensive strategy to dispute your Burbank DUI charge -- or at least provide a best-case defense for you.

Continue reading " Celebrity Los Angeles DUI Reporters Obsessed with Former NBA Star’s New DUI " »

While celebrity Los Angeles DUI blogs typically report on misbehavior of Hollywood A-listers, such as Mel Gibson and Nick Nolte; this week, former NHL great Chris Chelios’ battle with DUI in Chicago is consuming much of the blogosphere’s oxygen.

Chelios -- who formerly played for the Chicago Blackhawks and who helped his teams bring home three Stanley Cups -- was stopped on December 28 at 4 a.m. under suspicion of DUI in Westmont, Illinois. Last Wednesday, prosecutors finally agreed to drop DUI charges against Chelios, although the NHL legend did agree to pay $500, plead guilty to speeding and improper lane use, and consent to half a year of conditional probation.

At issue in this case was a 50-minute long police videotape of the stop, during which Chelios admitted to having had a few drinks before driving. Judge Pierce ruled that the video showed that police did not have probable cause for the stop, and he blocked prosecutors from using the arrest tape at trial. This move convinced prosecutors to give up their attempt to pin the DUI on Chelios.

The NHL legend (who still plays professional hockey with the Atlanta Thrashers, even though he is 48 years old) issued a contrite statement after prosecutors dropped the DUI charge, saying that: “I’m going to learn from it.”

What happens at a typical Southern California DUI field sobriety test?

Officers test suspects both physically and mentally.

o The most common first test is called the horizontal gaze nystagmus test, in which an officer tracks the suspect’s eye movements to see whether he or she can follow an object.
o Another test is “walk the line.” Police ask the driver to pace nine steps in one direction and nine steps back -- often on a marked line. If the driver loses his or her balance, that might indicate DUI.
o The one-leg stand test requires the driver to stand on one foot for 90 seconds. Again, a loss of balance could indicate DUI.
o Next up is the Rhomberg test, in which a driver must lean back and count to 30. A loss of balance (such as stumbling backwards) could indicate DUI.
o The finger-to-nose test also assesses coordination.
o Officers can also use tests like reverse counting or even subjective measures to determine whether someone has been driving under the influence in Southern California.

Whether you're charged with a DUI in Burbank or a DUI in Glendale or elsewhere in the Los Angeles County area, you’ll likely need good legal representation to develop a solid defense to charges against you.

Differences among Los Angeles DUI attorneys abound. Not all Burbank DUI lawyers are equally skilled at handling prosecutors and going to trial.

Continue reading " Sports Celebrity Los Angeles DUI Blogs Debate Chris Chelios’ Sentence " »

Blogs that follow celebrity Los Angeles DUI arrests have seen a spike in interest in the criminal history of country singer Mindy McCready, thanks to new news reports suggesting that an hour-long sex tape starring the singer is set to be released.

McCready is no stranger to charges of driving under the influence. She was one of the main participants in 2010 Celebrity Rehab with Dr. Drew. Nashville Police stopped her in 2005 for suspicion of driving under the influence. Although the jury scrapped those DUI charges, they convicted McCready for driving on a suspended license. McCready has also been arrested in Arizona (for a battery of charges, including identity theft and hindering prosecution), Florida (for drug charge violations), and Tennessee (for probation violations).

The surfacing sex tape may give the beleaguered country singer a publicity boost as she releases “I’m Still Here,” her first country album in nearly a decade and a half.

McCready’s arrests have been scattered around the country, and she’s only technically been arrested for DUI once. But what happens to individuals -- celebrities or not -- who get charged with driving under the influence in Southern California more than one time?

As you might suspect, penalties increase for every additional Long Beach DUI arrest.

For instance, a first time Los Angeles DUI offender might be charged with a misdemeanor, for which the court can impose various penalties, including mandatory two full days (48 hours) in jail, a fine of $1,000 along with court costs, a six weeks minimum sentence of alcohol school, and a mandatory installation of an interlock ignition device. The court can also impose additional penalties and strict terms of probation.

If you get convicted of a second count of driving under the influence in Long Beach (within ten years), your mandatory minimum jail time goes up (4-10 days minimum), as does your mandatory alcohol school time (18 months). You will lose your license for two years (instead of one).

If you're arrested a third and fourth time (or more) for Southern California DUI within a ten-year span, your penalties will become increasingly strict:

• longer jail sentences
• harsher probation terms
• longer driver’s license suspension
• possible upgrading to felony charges
• higher fines and court fees
• other punishments that the judge may devise

Dealing with charges of Long Beach DUI

Whether you're facing your first or fifteenth DUI offense, it almost certainly behooves you to discuss your case in confidence with an experienced Los Angeles DUI attorney.

Continue reading " Mindy McCready Back in the News -- not for a Los Angeles DUI -- but Rather for a Sex Tape Scandal " »

Joey Porter, a linebacker for the Arizona Cardinals, was arrested for Southern California DUI last week in Bakersfield near a Taco Bell. The 33-year-old allegedly got into a confrontation with the officers who arrested him – slapping a police officer’s hand when the officer opened his car door – but DUI allegations against the athlete have been dropped, according to the local Deputy DA.

According to reports, Porter tested right around the limit for Southern California DUI – different readings gave BACs at 0.07% and 0.08%. Prosecutors did not believe they had unambiguous evidence to convict. Deputy DA Mark Pafford was quoted in a Bakersfield paper about the matter: “We do not believe that there will be a reasonable likelihood that a jury would find Mr. Porter guilty… we thought it was not appropriate for us to proceed.”

Interestingly, apparently Porter had been pulled over at the same time as his friend had been pulled over – the double stop may have complicated the investigation and would certainly have made any kind of trial (if it had come to that) more complex.

Porter’s case of Southern California DUI aside, how exactly do breathalyzer tests determine whether or not prosecutors press for charges like DUI in Glendale?

The breathalyzer test is the most common type of BAC test employed in the Greater Los Angeles area. Theoretically, breathalyzer tests should work easily. All a suspect has to do is blow into a machine, which analyzes the breath and determines based on chemical methods how much alcohol is in the person’s blood stream. If that alcohol concentration is above a certain magic number – in California that number is 0.08% – then that person should be tried and ultimately convicted for DUI in Glendale (or wherever).

In practice, however, it’s not simple. Breathalyzer readings are subject to all sorts of errors. First of all, machines do not discriminate between men and women, between sick people and healthy people, and between people with different metabolisms. Deeper breaths into a machine may yield higher readings, and even false positives for DUI in Southern California. The machines can be misread. Officers can screw up the paperwork and record numbers incorrectly. Other chemicals in the blood or even on the machine can interfere with readings. And so on and so forth.

The inherent flaws in breathalyzer testing notwithstanding, if you have been charged with DUI in Pasadena, you likely need an expert attorney to help you navigate the legal system. It’s not enough simply to argue that “The breathalyzer test was wrong!” Unless you have evidence and argumentation to back up your claim, and unless you understand the proper legal protocol to defend yourself, justice may not be served.

Fortunately, you don’t have to go down this road alone.

Continue reading " Joey Porter will not be charged with Southern California DUI " »

Celebrity Los Angeles DUI blogs that cover the public struggles of fallen actors, politicians, and athletes have been chattering nonstop since last week about former Mets All-Star pitcher Dwight Gooden’s arrest in New Jersey. According to the AP, the 45-year old former Cy Young Award winning pitcher slammed into another vehicle early morning last Tuesday and fled from the scene. He was later arrested for driving under the influence of drugs and fleeing the scene of an accident.

Gooden is no stranger to substance abuse and accidents. He has been dogged by scandal since early in his baseball career. Gooden led the New York Mets to a world championship in 1986, during which the team pulled off one of the all-time greatest comebacks in baseball history – beating the Boston Red Sox in Game Six after going down two runs in the bottom of the tenth inning with two outs and no men on base.

Gooden is scheduled to be inducted into the Mets Hall of Fame in the beginning of August along with former ‘86 teammate Daryl Strawberry and manager Davey Johnson. According to the AP report, no one was seriously injured in Gooden’s accident. But what if someone had been?

According to Southern California DUI law, as encapsulated in California Vehicle Code Section 23153 (a) and 23153 (b), drivers who hit and injure someone while DUI can be subjected to substantially increased penalties. Specifically, what might ordinarily be a misdemeanor Los Angeles DUI could be reclassified as a felony DUI. 23153 (b) spells out some of the punishments that drivers can face for this crime, which include steep court costs and other fines, hiked up insurance rates, forced restitution to injured victims, jail time, forced probation, and driver’s license suspension. 23153 (a) stipulates that if either alcohol or drugs contributes to the injury or accident, the driver can be subjected to a felony count.

If you have been tagged for a Long Beach DUI for hitting someone after driving under the influence in Burbank, you may need superior legal representation. But how do you find a good attorney to represent you against a charge, say, of DUI in Burbank?

Continue reading " Celebrity Los Angeles DUI blogs debate Fall Out from Dwight Gooden’s Arrest " »