Los Angeles DUI Attorney Blog

Celebrity Los Angeles DUI blogs, such as TMZ.com, have lit up over the recent travails and tribulations of septuagenarian actor Rip Torn. Last week, the legendary actor showed up in court pursuant to a charge that he broke into a Connecticut bank while under the influence of alcohol – and while in possession of a loaded firearm. According to arrest reports, Torn smashed open a bank window and crawled inside. Police found him and held him in a North Canaan, Connecticut jail on a $100,000 bond. Torn (through his lawyer) later released a statement that said that he had been confused and had thought that the bank was actually his house.

Torn has famously dodged two charges of DUI within the past several years. In 2004, the actor crashed his car into a cab in New York City and got hit with a DWI charge. He allegedly went on a crazy rant at the police station but managed to get clear of the DWI charge. The actor got into more DWI trouble in North Salem, New York in December 2008 (while driving with a Christmas tree tied to the hood of a Subaru, no less!). Torn managed to escape significant penalties for that DUI because he completed his alcohol education program.

Speaking of blood alcohol tests, let’s segue into a practical discussion about one particular kind of BAC test – the breathalyzer – as it applies to cases of driving under the influence in Pasadena (and other places in Southern California).

The breathalyzer is typically administered after an officer has pulled over a suspect for Pasadena DUI. That said, police may defer administering a breathalyzer until after a suspect has been placed under arrest and taken to a station.

Remember: Just because breathalyzer test suggested that you were driving DUI in Glendale does not necessarily prove it.

Breathalyzers are far more flawed than most people – even most police officers – realize. A savvy Southern California DUI attorney can often pick apart bad police work, inconsistent testing, and other flawed police methodology. Common problems with breathalyzers include:

• They do not distinguish between men and women.
• Diabetics and other sick individuals may yield false positives due to chemicals in their breath.
• The BAC reading can depend significantly on the depth of your breath (a shallow breath can have a much lower BAC than a deep breath, e.g.).
• The machine can confuse other chemicals with ethanol (the active ingredient in alcohol).
• The machine may have been improperly calibrated, read, or administered.

So how can you (or a loved one) effectively respond to charges of driving under the influence in Southern California if you believe that your breathalyzer test was inaccurate or unfair? A prudent approach is to retain a top caliber Los Angeles DUI defense attorney to go over your options and plot out a strategy for you.

Continue reading " Actor Rip Torn in Court for Burglary Case -- Celebrity Los Angeles DUI Blogs Have Taken Notice! " »

A standard Los Angeles DUI stop in Santa Monica last Tuesday escalated to gunfire. The passenger in a vehicle stopped at 1.30 a.m. on the corner of Lincoln Boulevard and Bay Street shot a police officer while the driver was being put through the paces of a field sobriety test. Fortunately, the 16-year veteran officer did not sustain life-threatening injuries, although a bullet wound to the abdomen sent him to the hospital for extensive treatment.

Assailant caught after all-night chase

After shooting the police officer, the passenger fled. K-9 officers, police, and SWAT team members descended on the area and managed to track down the suspect three hours later. At 5:10 a.m., the suspect again engaged the police in gunfire. Officers shot the suspect, wounding him, and then took him into custody. The driver who was originally pulled over for Southern California DUI suspicion was arrested for DUI. Charges against both men are pending.

During the chase, police urged local Santa Monica residents to stay inside as dozens of armed officers patrolled the neighborhood. KABC News quoted sergeant Jay Trisler: “There was somebody who shot an officer, and we were really concerned about the public safety.”

Fortunately, most arrests for driving under the influence in Southern California do not escalate to violence and do not involve serious injuries. Field Sobriety Tests, on the other hand, are extremely common – whether you get pulled over for DUI in Burbank, DUI in Long Beach, or DUI elsewhere in the Southland.

So what are Field Sobriety Tests (FSTs) and how do they work?

Sobriety tests are tests that police officers conduct in the field, ostensibly to determine whether there is enough evidence to make a DUI arrest. In practice, however, officers often conduct these tests merely to gather evidence to potentially use against you in a court of law.

Officers use a Preliminary Alcohol Screening (PAS) Test to get an unofficial reading of your blood alcohol concentration (BAC). They can also put you through the paces of several mental and physical exams. The Horizontal Gaze Nystagmus Test measures pupil reaction time. Other tests -- such as the Walk the Line, the One Leg Stand, the Rhomberg, and the Finger to the Nose -- measure coordination and balance.

An officer who pulls you over for suspicion of driving under the influence in Long Beach may test your mental coordination by asking you (for instance) to recite the ABCs in reverse. The results of FSTs are by definition subjective – they are the officer’s opinion. Be aware that the National Highway Traffic Safety Administration (NHTSA) recognizes only 3 FSTs that yield significant results: The Horizontal Gaze Test, the One Leg Stand Test, and The Walk and Turn Test. But even these “gold standard” FSTs can yield a flawed diagnosis.

So what should you do if you or a loved one has been arrested for driving under the influence in Burbank (or elsewhere)?

Continue reading " Standard Los Angeles DUI Stop Turns Scary as Passenger Shoots Police Officer " »

Bloggers who follow stories about driving under the influence in Southern California were glued to their computers last Monday afternoon following a case out of Franklin County, Vermont involving a man arrested for his eighth lifetime DUI.

The defendant, Douglas Gardner, was last arrested for driving under the influence in 1989, when he crashed head-on into a car and killed 20-year Billy Labier-Boucher. Gardener served a 20-year prison sentence. After securing release last month, Gardner almost immediately got back into trouble. He allegedly stole a Pontiac Aztek, drank two beers and a vodka, and veered off Route 78 in Highgate into a bog. The Vermont troopers who found him tested his blood alcohol content at 0.156% – nearly twice the legal limit for Southern California DUI of 0.08%, as defined by California Vehicle Code Section 23152(b).

The state attorney asked for bail to be set at $100,000, but Judge Greg Rainville went one step further and ordered Gardener held without bail. The Judge remarked: “you are a threat to the safety of the public… if I can’t stop you from driving, I can’t allow you on the streets.” The Judge’s ruling elicited enthusiasm from Pat Labier-Boucher, the mother of the man that Gardner killed in 1989. Labier-Boucher said: “it was like 20 years ago… it’s like reliving the whole thing again… I hope he is behind bars forever.”

Obviously, similar cases of manslaughter DUI in Glendale and elsewhere are tragic for many reasons. But what does local law say about Los Angeles DUI manslaughter charges?

According to Penal Code Section 191.5(a), in very serious cases, a defendant can be charged with “gross vehicular manslaughter while intoxicated.” Prosecutors don’t necessarily have to go for this charge. But to prove gross vehicular manslaughter, prosecutors must meet a very high burden. First, you must show that the defendant drove under the influence of drugs or alcohol with a BAC of 0.08% or more. Second, you must show that the defendant committed a driving infraction, misdemeanor, or other legal act that could lead to death of another person. Third, you must show that the person committed this act with gross negligence. And fourth, you must show that the grossly negligent act led to the actual death of someone.

Continue reading " Los Angeles DUI Experts Riveted by Tragic Case of Man Nabbed for Eighth DUI – after Just Getting Out of Jail for Killing Someone While DUI " »

JJ Hones, a 22-year-old point guard for the NCAA Championship Stanford women’s basketball team, was arrested on May 2nd for DUI in Southern California under very extraordinary circumstances. According to arrest reports, Hones was recklessly driving a golf cart across campus. When police attempted to pull her over, she at first evaded arrest. Police finally caught her and gave her a field sobriety test, which she allegedly failed. They then took her to Santa Clara County Jail.

The senior was kicked off her team the following Monday. Hones had been struggling under multiple knee injuries, but she had intended to play another season prior to her arrest. So far, charges have not been handed down. Fortunately, no one was injured in the incident.

If you get pulled over -- whether for recklessly driving a golf cart DUI in Pasadena or for causing an injury DUI in Burbank -- chances are that you will be subjected to field sobriety tests (FSTs) similar to the ones that JJ Hones faced. But what are these field sobriety tests? How do they work? What do officers look for? And how do the courts typically interpret their results?

Although officers do have leeway in terms of how they conduct FSTs; typically, they subject suspects of Pasadena DUI to the following:

1. Horizontal Gaze Nystagmus Test – The subject is asked to follow a light or object with her eyes. If reaction time of the pupils is sub-par, DUI may be suspected.

2. Walk The Line Test – Suspect is asked to walk nine paces in both directions on a line (typically a road divider line). If the suspect loses her balance or fails to complete the paces, she may be suspected of Los Angeles DUI.

3. Finger to the Nose Test – Suspect is asked to close her eyes and reach her hands out to the sides and then bring them in to touch her nose. If she misses or loses her balance, DUI may be suspected.

4. Stand on One Leg Test - Suspect is asked to stand on one leg for about 90 seconds. If she loses her balance, DUI may be suspected.

Another balance test requires the suspect to tilt her head backwards and count to 30. If she loses her balance, she could be suspected for DUI.

Officers will also observe your behavior. Is there odor of alcohol on you? Are you slurring your words? Is your story coherent? Are you acting belligerent, lethargic or otherwise strangely?

If you fail a sobriety test and get arrested for driving under the influence in Pasadena or elsewhere in Southern California, you may need smart legal representation to protect your rights and ensure that you get fair treatment.

Continue reading " NCAA Championship Guard Arrested for Driving under the Influence in Southern California…in a Golf Cart! " »

Jani Lane, the 46-year old former front man of the ‘80s glam band Warrant, was arrested for driving under the influence in Southern California last Sunday at 3 in the morning after he plowed his black Infiniti into a parked car. Police who arrived on the scene found the ex-rocker -- famous for hits like Cherry Pie, Heaven and Down Boys -- in a bad state. Lane allegedly blew more than twice California’s legal limit of 0.08% on a breathalyzer test. According to California Vehicle Code Section 23152(b), driving with a BAC of more than 0.08% is an offense punishable by jail time, among other things.

Ironically, the officer who arrested Lane in Woodland Hills was the same officer who arrested him in 2009. As this blog reported, his July 2009 arrest led to a plea of “no contest,” and Lane was convicted of a misdemeanor DUI. Fortunately, no one was hurt at the scene, but if Lane is convicted of this latest charge, he will obviously be in violation of his probation.

If you are arrested for multiple charges of DUI in Burbank or DUI in Glendale, what punishments should you expect above and beyond those “typical” for a first misdemeanor DUI?

Obviously, penalties depend upon the context of the arrest and whether complicating factors exist. For instance, did you injure somebody in either of your Los Angeles DUI arrests? If so, you could be charged instantly with a felony. This would lead to penalties such as substantial jail time and steep fines. Plus, a felony charge can make it difficult for you to find employment and impossible to vote in elections. But even if both Burbank DUI convictions were not complicated by any other factors, your penalties can still go up significantly.

For instance, your mandatory jail time will go up, as will your court cost and fines. Instead of a one year mandatory California driver’s license suspension, you will face a two year suspension. Your probation will likely be stricter. You will face longer mandatory alcohol school. And so on.

So if, like Jani Lane, you’ve been cited more than once for driving under the influence in Southern California, it’s in your interest to retain a reputable and trial-proven attorney.

Continue reading " Warrant Singer Tagged for Second Southern California DUI in a Year " »

In 2007, actress Lindsay Lohan netted her second Southern California DUI conviction. Her hard-partying ways made her notorious in tabloids and online gossip forums. Two weeks ago, her dad, Michael Lohan, called the police to the starlet’s home, fearing that his night-clubbing daughter might be putting her younger sister Ali in harm’s way. The 23-year-old got a warning last fall to adhere closely to her probation terms. Otherwise, said Judge Revel, “the deputy district attorney will be asking for jail time.”

Although Lohan’s attorney claims that the starlet has maintained substantial compliance with the terms of her probation, she allegedly has not been following Judge Revel’s orders to go to her alcohol classes once a week. Lohan has a May 20th hearing. The Freaky Friday actress has also been in a public war of words with her ex-girlfriend, Samantha, on Twitter, and she was recently fired off a movie.

Lohan’s multiple celebrity Los Angeles DUIs have served as a cautionary tale to other Hollywood starlets and would-be violators of California Vehicle Code Sections 23152(a) and 23152(b). If you are arrested for a violation of the CVC codes and charged with DUI in Burbank or DUI in Beverly Hills, the court has a wide latitude of punishments it can dole out.

First time offenders, for instance, can receive 48 hours in jail, a fine of $1,000 (in addition to court costs, which can be substantially more), suspension of the California driver’s license, forced installation of interlock ignition device in your vehicle, strict terms of probation, and, of course, mandatory alcohol school. (Lohan’s mandatory alcohol school sentence was actually far less than the maximum the court could have imposed – nine full months – for a first time Beverly Hills DUI conviction.

Second, third, and fourth arrests for driving under the influence in Southern California (or elsewhere in the state) obviously carry stricter penalties, harsher terms, bigger fines, more jail time, and so forth. Again, the court has a lot of leeway in terms of how it chooses to punish repeat offenders (those who get multiple DUIs within 10 years time).

So what should you do if, like Lindsay Lohan, you have been tagged for DUI in Los Angeles?

One smart move is to retain an experienced trial attorney to defend you. Even if your charge is minor, and there are no complicating factors, you never know what can happen once your case comes into play. And even minor errors in your legal defense can have profound ramifications for your future, your pocket book, and your freedom.

Continue reading " Lindsay Lohan Non-Compliant with Probation for her 2007 Southern California DUI? " »

Shaun Palmer, a 41-year-old snowboarding legend, was arrested for driving under the influence in Southern California last Wednesday in South Lake Tahoe. According to local police reports, the snowboarder was arrested along with seven other people in a standard DUI patrol. Cinco de Mayo 2001 saw elevated numbers of arrests across the Southland. In Phoenix, AZ, a valley patrol picked up 171 people for driving under the influence – with an average BAC of 0.141%, nearly twice the legal limit for Los Angeles DUI.

Palmer is no stranger to alcohol-related legal troubles. Four years ago, Lake Tahoe police pulled over a car in which Palmer was a passenger. The female driver was tagged for driving under the influence in Southern California. Palmer insisted on going to jail with her. So the police arrested him for being intoxicated in public. In a separate incident in 2008, Palmer was again arrested on public intoxication charges after he intervened in a fist-fight at a local beach.

X-Games legend Shaun Palmer was only charged once with Southern California DUI – his other two arrests were for public intoxication. But what happens when someone is actually convicted of multiple Los Angeles DUI charges within 10 years?

As you might expect, the penalties ratchet up. First time offenders can face 48 hours in jail time (mandatory), $1,000 in fines on top of other court related costs, a one year driver’s license suspension, six weeks minimum alcohol school, and other terms of probation. For instance, police may be able to search you without reason while you are on probation. In addition, you may be forbidden to drink alcoholic beverages during your probation.

Second time Burbank DUI and Glendale DUI offenders get stricter punishments: a minimum jail sentence between 4 and 10 days, 18 months minimum alcohol school, two years California driver’s license suspension, and higher fines and court costs. If you are convicted three or more times within 10 years, your penalties really go up. For instance, you will get a mandatory minimum of 120 days in jail – that’s nearly four months. A fourth time DUI conviction can even be considered a felony – even if there are no complicating factors, such as an injury to another driver.

Whether you have been arrested for your first Glendale DUI or your second or third charge within 10 years, nothing can replace the guidance of a proactive, court-savvy DUI defense attorney. Without good guidance, you could easily complicate your case and wind up with a harsher sentence than you might deserve.

Continue reading " Cinco de Mayo Southern California DUI Arrest for Shaun Palmer, X-Games Champion " »

In an ironic Los Angeles DUI case, Miguel Santana, a 40-year-old LA city administrator, has been charged with driving under the influence in Southern California following an evening of partying with none another than District Attorney Steve Cooley. Last Monday, Cooley’s office filed Los Angeles DUI charges pursuant to Santana’s March 26th arrest in Covina for driving with a blood alcohol content of 0.15%.

Santana, who wields extensive budget authority for Los Angeles, attended an American Diabetes Association fundraiser at a Marriott Hotel along with DA Cooley on March 26. He left the party in a city-owned car and got stopped and arrested by the CHP (California Highway Patrol) in Covina. Santana made a $5,000 bail and issued a public apology the following morning. In the wake of the arrest, Santana entered an alcohol treatment program, turned into his city car, and took a temporary leave to deal with his legal situation. He went back to work on April 15th. A May 25th arraignment has been scheduled.

According to the DA office’s allegations, Santana had a BAC of 0.15%. What exactly actually does Southern California DUI law say about BAC levels?

Two California Vehicle Code Sections are critical: CVC Section 23152(a) and CVC Section 23152(b). 23152(a) says that a driver stopped while under the influence of alcohol or drugs can face criminal charges -- either a misdemeanor or a felony depending on circumstances. If you get convicted of multiple DUIs within a 10-year period, or if you injure someone during the commission of a Pasadena DUI, for instance, you may face a felony. Punishments can include a loss of California driver’s license, major fines, and mandatory installation of an interlock ignition device in your car.

23152(b) defines driving under the influence in Glendale (or elsewhere in Southern California) “per se” as driving with a BAC of 0.08% or higher. In Santana’s case, his BAC of 0.15% was nearly twice the legal limit – perhaps high enough over the limit for him to face additional charges on top of standard misdemeanor Southern California DUI.

What Can You Do If You or a Loved One Faces Similar Charges?

Legal options abound. But if you don’t take smart and decisive steps to build a strategic defense, you could wind up facing harsh penalties that can follow you for years.

Continue reading " Administrative Officer Charged by DA’s Office with Los Angeles DUI – After Leaving Party Hosted by the DA Himself! " »

Corey Dillon, a retired NFL runningback who played for the Cincinnati Bengals and New England Patriots, was pulled over for driving under the influence in Southern California at 4 a.m. last Wednesday, according to officials from the Lost Hills Sheriff's Station.

The 35-year-old Dillon was stopped in his 2010 Chevy Camaro near the 101 Freeway on Mulholland Drive. Allegedly, he had a male passenger with him. The lieutenant who filed the report said that “Mr. Dillon displayed multiple symptoms of being under the influence… and admitted to having been drinking earlier in the evening.” Authorities released Dillon later on a $5,000 bail, pursuant to his agreement to show up in court on June 21 in Malibu to face the charges.

The 35-year-old retired from active NFL duty in 2007. He was a member of the 2004 New England Patriots World Championship team.

If you get pulled over for driving under the influence in West Hollywood, Beverly Hills, Malibu, or a less ritzy town in Southern California, police will likely subject you to a series of tests to determine whether you are under the influence. The order of these roadside sobriety tests can vary. But police usually stick close to a preordained script. The tests typically include:

1. Horizontal Gaze Nystagmus Test

Officer administers an eye exam – ordering the driver to follow a moving object. DUI might be suspected if the pupils bounce back and forth or the driver cannot follow the object.

2. Walk the Line Test

Driver is asked to walk nine paces forwards and backwards. If he or she falls over or stumbles, DUI might be suspected.

3. One Leg Stand

This is another balance test. It is very straightforward. The suspect simply stands on one leg and tries to balance for 30 seconds. If the driver trips over, DUI might be suspected.

4. Romberg Test – another balance exam. In this one, the suspect tilts his head backwards and counts till 30. Again, any kind of stumbling or falling might indicate Los Angeles DUI.

5. Finger to the Nose

This test is often portrayed in TV and films. A driver closes his eyes, stretches his arms and attempts to touch his fingers to his nose. A lack of coordination could indicate DUI.

6. Other tests

Officers can ask drivers to perform other tests of mental acuity and physical coordination. They will also look for signs of a lack of balance as well as eclectic behavior.

What to Do If You or a Family Member Has Been Charged with DUI in Beverly Hills (or elsewhere in Southern California)?

In the vast majority of cases, it will behoove a defendant to retain an expert DUI attorney. Your charge may seem straightforward and relatively minor. But if you put up an inaccurate or less than effective defense, you could wind up with serious jail time, fines, forced alcohol school, license suspension, and numerous other penalties.

Continue reading " Former NFL Runningback Busted for Southern California DUI " »