Los Angeles DUI Attorney Blog

As this blog reported, last June 17th, Jani Lane of the 80’s rock band Warrant was arrested for driving under the influence in Los Angeles. The “Cherry Pie” singer is back on the headlines once again after failing to show up for two hearings pertaining to his Los Angeles DUI probation.

The 46-year old singer pled no contest to his misdemeanor L.A. DUI charge and got a relatively light sentence that included three months of alcohol school, one month of community service, and three months of probation. He was due in court on February 23rd, 2010, but he didn’t show up. The judge rescheduled his appearance for February 24th, but Lane again failed to show. According to the website TMZ.com, Lane’s lawyer said that the singer is in the hospital for unknown reasons, and that he will not show up in court until next week.

The judge in Lane’s case has actually issued a warrant for the lead singer of the band Warrant – an irony not lost on Lane’s fans and snarky commentators in the media and blogosphere.

Lane’s DUI in Burbank accident occurred at the corner of Topanga and Ventura Boulevards. At the time, he got out of jail by posing a $30,000 bail. The minor traffic accident did not result in any serious injuries to any parties, fortunately.

But what if it had?

Two key sections of California Vehicle Code stipulate punishments for individuals who injure others while driving under the influence in Burbank or elsewhere in California. These sections are 23153(a) and 23153(b).

23153(a)

This section says that if you drive DUI and cause an accident that leads to someone being injured, this will elevate an ordinary misdemeanor DUI charge to a felony DUI charge, assuming that the injury was directly or indirectly caused by the DUI driver’s use of drugs and/or alcohol.

23153(b)

This section says something quite similar. It says that if you operate a motor vehicle with a blood alcohol concentration (BAC) exceeding the state’s legal limit of 0.08%, and then you hit someone and cause an injury or otherwise violate the law and cause an injury, this can be charged as a felony. 23153(b) also lays out the punishments that can be imposed, which range from jail time to forced restitution to a victim (and/or the victim’s family) to steep fines and court costs.

What should you do if you or a family member has been charged with driving under the influence in Burbank or elsewhere in Southern California?

A good attorney can be immeasurably helpful. Without excellent legal representation, you could wind up with much steeper penalties than you might otherwise.

Continue reading "Warrant Slapped on Warrant Singer for Skipping Out on Los Angeles DUI Hearings" »

A Southern California DUI arrest has the national media buzzing with its political implications. Early last Wednesday morning in Sacramento, State Senator Roy Ashburn from Bakersfield (R), was pulled over by the California Highway Patrol for driving erratically. Unidentified sources reported that the Senator had been partying at a local gay hotspot called Faces, and he had a male companion with him in his car. Ashburn has been a vociferous opponent of gay rights in California. For instance, he pushed hard for California’s Proposition 8, which passed in 2008, banning gay marriages in the state.

It is uncertain whether the 55-year-old Senator’s male companion (who was with him at the time of the arrest) was in any way linked with the Senator romantically.

Following his DUI arrest, Ashburn issued the following statement: “I am deeply sorry for my actions and offer no excuse for my poor judgment. I accept complete responsibility for my conduct and I am prepared to accept the consequences for what I did.”

Ashburn faces a primary challenge from another Republican for re-election to State Senate. According to various news reports, Ashburn has been charged with driving under the influence in Southern California as well as driving with a BAC above the state’s legal limit of 0.08%.

The News in Depth

Whether you are stopped for driving under the influence in Long Beach, Pasadena, Bakersfield, or Sacramento, two applicable laws are California Vehicle Code Sections 23152(a) and 23152(b).

The first section, 23152(a), defines what it means to be under the influence and talks about what might happen to you if you get convicted of the crime. The law stipulates that you could:

o lose your California drivers license
o be forced to pay restitution, court costs and other fees
o be jailed for a period of time
o receive points on your DMV record

California Vehicle Code Section 23152(b) stipulates that if you drive with a blood alcohol concentration of 0.08% or higher, this constitutes DUI, and you could receive the same punishments stipulated in Section 23152(a). In the case of Senator Roy Ashburn, from the news reports, it sounds like both of these Vehicle Code Sections might be applicable.

So what should you do if you have been arrested for DUI in Long Beach, Burbank, Beverly Hills, Sacramento, or elsewhere in the state?

Most defendants should connect with a credentialed, highly regarded Southern California DUI defense attorney ASAP.

Continue reading "Southern California DUI NewsFlash -- Anti-gay lawmaker busted for driving under the influence after speeding away from a gay bar in Sacramento!" »

Last Wednesday, Chargers wide receiver Vincent Jackson pled guilty to driving under the influence in Southern California in January 2009, and prosecutors set the terms of his sentencing.

The 27-year old Jackson had been arrested in January with a BAC of 0.17% (California’s legal limit is 0.08%). The January ’09 arrest was actually his second Southern California DUI. He was busted in June 2006 and convicted for that DUI -- netting him a $1,750 fine and five years of probation. This time, he did not get off so easily. In addition to a concomitant fine (of $2,408) and another five years probation, the wide receiver will have to do 15 days of community service and will likely be suspended by the National Football League for at least two games.

In light of recent comments Jackson made in the radio interview, during which he taunted his prosecutors, many analysts are saying that Jackson is getting off pretty easy. For a comparison, the City Attorney’s Office had requested the Judge to give Jackson 180 days in jail -- also known as “substantial custody.” City attorneys were also miffed because Jackson managed to pull off a string of continuances that allowed him to delay his Southern California DUI sentencing until after the NFL season. (Nevertheless, San Diego’s City Attorney did not oppose the two continuances when they were filed.)

The Jackson sentence may or may not be an aberration, depending on who you speak to. But how do the sentencing guidelines differ for first and second time Burbank DUI offenses?

Sentencing can depend on a host of factors, including the context of the DUI arrest, whether or not the defendant cooperates with prosecutors, whether anyone was injured during, and so forth.

That said, typical first time penalties for Southern California DUI include:

• 48 hours in jail with six months maximum imprisonment
• Mandatory installation of Interlock Ignition Device (IID) -- this is a new punishment that went into effect in January 2010
• Six weeks minimum DUI alcohol school (nine months maximum)
• A suspension of California driver’s license for a full year
• $1,000 fine
• Court costs (often can be significantly higher than $1,000)
• Strict terms of formal probation for misdemeanor DUI offenders

Second time DUI offenders typically can get the following penalties:

• Jail time of four to ten days (minimum); maximum six months
• Two year suspension of California drivers’ license
• 18 months minimum DUI alcohol school (30 months maximum)
• Imposed installation of IID
• Fines and court costs which can be much higher than first time DUI fines
• Probation terms which can be much stricter than terms for first time violators

For help analyzing your Burbank DUI defense, you may need to turn to an experienced attorney.

Continue reading "“Guilty” Verdict Handed Down in Southern California DUI Case for Pro Bowl Wide Receiver" »

Online blogs and websites that cover celebrity Los Angeles DUI news have been fiercely debating the arrest of Jake Harris, the 24-year-old son of the late Captain Phil Harris, a fish boat captain who appeared on multiple seasons of Discovery Channel’s “Deadliest Catch.”

According to Washington State Troopers, Harris had been driving on a suspended license and had gotten involved in a hit and run accident prior to his arrest. After a motorist reported an out-of-control driver on interstate 5, the police ID’d Harris’ vehicle and, using aerial assistance, pulled him over. Harris was arrested at the scene and charged with hit and run as well as a DUI.

Fortunately, no one was reportedly injured in the earlier hit and run accident, and Harris himself seems to have escaped uninjured as well, although he remains behind bars as of the publishing of this blog post. Harris’ situation does raise some interesting issues, however.

For instance, what would happen if someone drove DUI in Pasadena on the 5 Freeway and got involved in a hit and run accident that actually hurt someone else?

If you commit a hit and run DUI in Pasadena, you might be charged by prosecutors for violating California Vehicle Code Sections 23153(a) and/or 23153(b). These state laws stipulate that anyone who injures another person in a DUI crash can have his charge raised from a simple misdemeanor to a felony, which is a much more serious charge. If your BAC level is above 0.08%, and you hurt another person in a DUI crash (hit and run or not), your punishments can include forced restitution to the injured victim and/or victim’s family, a lengthy prison sentence, severe fines and court costs, hiked up insurance rates, strict probation terms, mandatory installation of an interlock ignition device, and so forth.

Obviously, defendants would like to avoid (or at the very least plead down) these charges. But without a sophisticated and experienced attorney who understands how prosecutors charge people for driving under the influence in Pasadena, you could run into serious trouble -- even if exonerating facts are on your side.

Explore Your Options

Continue reading "Southern California DUI Blogosphere Lights Up As Son of Recently Deceased “Deadliest Catch” Captain Gets Arrested For DUI in Seattle" »

Mel Gibson’s 2006 Los Angeles DUI arrest may have been the most written-about celebrity DUI arrests of the past decade. That’s saying a lot, given the wall-to-wall coverage that celebrity DUIs merit (see, for example, the DUIs for Lindsay Lohan, Nick Nolte, Stephanie Pratt, etc.).

Gibson’s arrest on Pacific Coast Highway on July 28, 2006 was relatively “ordinary” as far as Beverly Hills DUI arrests go. He was driving more than 40 miles over the speed limit with a BAC that later tested at 0.12% (California’s legal limit is 0.08%), when he was pulled over and arrested by Malibu police deputy James Mee. Gibson allegedly launched into an anti-Semitic rant, behavior that he later admitted was “despicable.”

Gibson and his publicists worked hard to put that memorable Southern California DUI arrest in the past. But old wounds opened on Wednesday February 3rd when the actor lashed out against Chicago television reporter Dean Richards (WGN TV), after Richards brought up the DUI during a TV interview about Gibson’s latest film, Edge of Darkness. Richards asked the actor about his “drinking problems” and “the anti Semitic rant.” Gibson shot back “that was almost four years ago, dude. I’ve moved on. I guess you haven’t.” Then, Gibson called the reporter an a****** -- apparently unaware that the cameras were still rolling. (Gibson and his publicists have since done another round of damage control to keep this latest bit of hostility under wraps.)

Any mention of Gibson’s arrest would be incomplete without a brief discussion of the penalties typically doled out for misdemeanor Southern California DUI. Even if it’s only your first time pulled over for driving under the influence, you can still be subject to any one (and possibly even all) of the following punishments:

• Six weeks of DUI alcohol school (maximum nine months)
• Strict terms of probation for release. You may have to check in with a California probation officer periodically and adhere to other conditions and terms to get released.
• One year suspension of California drivers’ license -- no restricted license allowed
• A $1,000 fine
• Court costs (which can be significantly more than $1,000)
• Mandatory jail time of two full days in custody (48 hours); maximum half a year in jail
• Mandatory installation of interlock ignition device (IID) in your vehicle. (For instance, had Gibson been arrested for a Southern California DUI today instead of in 2006, he would have been compelled by law to install an IID in his 2006 Lexus LS 430.)

How can you effectively construct a defense so you won’t have to endure these (many) penalties for driving under the influence in Burbank or elsewhere in Los Angeles?

Lawyers abound in Southern California who can nominally do this kind of defense work. But unless you're very careful about choosing, you can easily get second class representation, which could indirectly mean more stringent punishments and a longer, more costly road to rehabilitation. Fortunately, you have options…

Continue reading "Mel Gibson’s 2006 Los Angeles DUI Back in the News after Gibson Curses TV Reporter" »

On Wednesday, January 27, Adrian Pasdar, star of NBC's "Heroes" series, was pulled over for driving under the influence in Los Angeles. According to reports, the 44-year-old actor was speeding on the 405 in his Ford F-150 truck at nearly 100 miles per hour -- straddling two lanes of traffic -- when the California Highway Patrol pulled him over at 3 a.m. near Santa Monica Boulevard. After noticing an odor of alcohol coming from his car, the cops gave him a field sobriety test. Pasdar refused a breathalyzer and was remanded to County Jail and held on a $15,000 bond, which he posted at 8:30 AM. His misdemeanor Los Angeles DUI trial has been scheduled for February 24. Pasdar is married to Natalie Maines, one of the lead singers for the Dixie Chicks.

Whether you're pulled over for a Long Beach DUI on the 405 South, or a Burbank DUI on the 101, the California Highway Patrol administers similar kinds of field sobriety tests. What are the typical field sobriety tests (FSTs), and how do they purport to work? Here's a quick primer:

Gaze tests

The Horizontal Gaze Nystagmus test determines pupil coordination. An officer tracks the eye movement of a suspect following an object or a light.

Balancing tests

Common balancing tests include the One Leg Stand test, the Walk the Line test, and the Rhomberg test. With the One Leg Stand test, a driver is asked to stand on one leg. If he or she tips over, this might indicate DUI. The Walk the Line test is perhaps the most famous Southern California DUI field sobriety test. A suspect must walk nine paces back and forth on a straight line (e.g. a highway divider line). If the suspect "falls off," then he or she might be suspected. Finally, the Rhomberg test involves leaning back and counting to 30. Again, tipping over might indicate intoxication.

Coordination tests

The so-called Finger to the Nose test is perhaps the most common. In this exam, a driver closes her eyes and attempts to touch her nose after extending her arms. If the driver cannot "find" her nose, then DUI may be suspected.

Officers will also look for indicators of demeanor and constitution. For instance, let's say police pull over a person on suspicion of driving under the influence in Long Beach on the 405 South. In addition to performing the FSTs, officers will also look for signs like slow speech response, impaired motor skills, disheveled appearance, watery eyes, and general lack of coordination.

If you or someone you love has been stopped and arrested for a Long Beach DUI, you may need serious legal assistance to avoid dramatic punishments. The city does not want for lawyers who are willing to tackle Los Angeles DUI defense work. But take the time to find a lawyer who has talent, experience, and a proven trial track record.

Continue reading "Los Angeles DUI Charge for "Heroes" Actor Adrian Pasdar" »

Musician Mike Starr -- best known as the bass player for the ‘90s rock band Alice in Chains -- and former Hollywood DUI defendant -- is scheduled to appear on the second episode of VH1’s Celebrity Rehab with Dr. Drew. The reality series follows the journeys of eight different celebrities who are in treatment for drug and alcohol addiction recovery. This year’s series will follow the stories of (among others) tattooed basketball legend Dennis Rodman, Heidi Fleiss (the famed former Madame of Hollywood), and Kari Ann Peniche, a Miss United States Teen pageant winner.

Starr, 43, has been arrested multiple times for drug and alcohol violations in cities as far flung as Salt Lake City, L.A., Seattle, and Pasadena. In 1994, he was booked at a Houston airport for possession of narcotics. In September 28, 2008, he was pulled over for drug possession in Los Angeles. In 2005, Starr was arrested in Seattle for yanking the hood ornament off of a man’s car.

If you're caught driving under the influence in Pasadena, what exactly happens to you? How do the police know whether or not you're over the legal limit?

One method the police use to determine your blood alcohol content (BAC) level is the blood test. Whether you're arrested for DUI in Pasadena, DUI in Hollywood, or DUI anywhere else in Southern California, the blood test must be administered in a very precise manner. First, a sample is taken from the vein of the suspect. Then a qualified technician must ID it and transport it for further testing. The results must then be reported and interpreted. The blood sample is mixed with certain chemicals to prevent clotting, and police can choose from one of three acceptable methods to test BAC concentration.

Are blood tests always right?

Like breathalyzer tests, blood tests can yield what are known as false positives -- that is, they can give a reading above the CA legal limit of 0.08% even if a suspect was actually BELOW that number.

Unfortunately, many Pasadena DUI suspects do not realize how fallible these tests can be. At any number of nodes in the process, problems can occur that can skew results and lead to false positives. For instance:

• sample is not kept sterile;
• the preservative chemical mixture is improperly mixed;
• the sample is not refrigerated correctly or kept at the right temperature;
• the person who takes the blood sample does not have proper training or licensing;
• the alcohol used on the skin to sterilize contaminates the sample;
• the police mix up samples or improperly interpret results

So how can you prevent a false positive from getting you convicted of DUI in Pasadena? Your best bet is almost always to solicit the services of a trial-proven attorney who specializes in DUI defense.

Continue reading "Former Hollywood DUI Defendant to Appear on Celebrity Rehab with Dr. Drew" »

People Magazine has reported that charges of driving under the influence in Hollywood against 23-year-old actress Stephanie Pratt were dropped on Thursday, January 7. The Hills' star reportedly plea-bargained her misdemeanor DUI down to a charge of "exhibition of speed" and received a relatively light sentence that included: 12 weeks of alcohol school, mandatory attendance at three AA meetings over eight weeks, and a nominal fine.

As this blog reported a few months ago, Pratt was arrested in the early hours of October 18, 2009 after partying with fellow celeb Holly Montag at the club Empire. She pled not guilty to her DUI charges in November. Pursuant to her plea arrangement, Pratt was ordered to see a physician for her substance abuse issues. But she reportedly did not attend a 30 day residential rehab because her doctor did not believe she needed the treatment.

Plea bargaining a Hollywood DUI charge -- like Stephanie Pratt did -- can prove exceedingly cumbersome and complicated, even if the facts and the law are on your side.

The challenges only increase when you're charged with DUI with injury in Hollywood. According to California Vehicle Code Section 23153 (a), a basic misdemeanor DUI charge can be elevated to a felony DUI charge if the use of alcohol and/or illegal narcotics results in an injury to another person.

A panoply of punishments may be imposed for such a crime, including but not limited to:

* Forced restitution to the injured party or parties
* Hiked up insurance rates
* Significant court costs/fines
* Loss of certain rights, such as the right to vote
* California driver's license suspension

All that said, even if you do hurt someone while driving under the influence in Hollywood, you won't necessarily be stuck with a felony charge. Pursuant to the law, the prosecution make several key arguments in order to stick a felony charge:

#1: You were driving above the DUI limit of 0.08% BAC.
#2: You were negligent or otherwise in violation of California's traffic laws.
#3: The injury resulted directly or indirectly from your negligence.

In other words, if you were below the legal limit; or if the other party was responsible or even partially responsible for the crash; or if you weren't in violation of any traffic laws; you can still be hit with a misdemeanor DUI charge, but you won't likely have to deal with a felony DUI charge.

As even this brief discussion regarding the nuances of Hollywood DUI law demonstrates, minor subtleties can have major impacts. That's why it is almost always a good bet to invest in reputable legal help.

Continue reading "Hollywood DUI Charge Dropped for Stephanie Pratt (Star of The Hills)" »

The San Diego Union Tribune has reported that a former radio and TV anchor/personality, Allison Ross, was arrested early Sunday morning for driving under the influence in Southern California. Ross was a Southland celebrity in the 1970s and 1980s, during which time she anchored local TV station 8 (KFMB). In the 1990's, Ross became a traffic reporter and got her own radio show on KNSD (7/39), which she co-hosted with former mayor, Roger Hedgecock.

According to reports, Ross had been driving the wrong way on the 7600 block of Faye Avenue, when she almost plowed headfirst into an oncoming police car. The officer swerved out of the way, then pivoted and followed her onto Kline Street. He pulled her over, administered a field sobriety test, and arrested Ross for misdemeanor DUI. She was taken to a local women's prison in the nearby town of Santee.

Apparently, this is the 55-year-old's first ever Southern California misdemeanor DUI charge.

Long Beach DUI law stipulates that a first-time misdemeanor offense can still be punished quite severely. Penalties can include:

* Mandatory interlock ignition device installation (law went into effect January 1, 2010)
* Two full days (48 hours) in jail, minimum; up to six months in prison, maximum
* Minimum of six weeks in DUI alcohol school (max, nine months)
* Suspension of Southern California driver's license -- license can be suspended for a whole year with no restricted license permitted
* Fines and court costs. The maximum fine is "only" $1000, but the court costs can significantly exceed this number.
* Probation. You may have to check in with a probation officer on a regular basis and/or abide by other court-imposed limitations on your freedoms.

To respond effectively to charges of misdemeanor DUI in Long Beach or elsewhere in Southern California, you generally need superior legal help. Obviously, you have the right to defend yourself in court alone if you choose, but given the significant consequences for your future if you don't muster the best possible defense, it makes sense to connect with a knowledgeable, passionate, and credible lawyer today.

Continue reading "Former TV Host and Radio DJ Busted for Driving Under the Influence in Southern California" »

The NFL is abuzz with reports of the latest celebrity sports DUI. This one's not the typical charge of driving under the influence in Southern California; rather it is a DWI arrest in the otherwise sleepy city of Indianapolis, Indiana. The suspect in question is Tajiddin Smith, a wide receiver for the Indianapolis Colts. Smith had been called up to the NFL just months ago (September), and he played last weekend in the Colts' battle against the New York Jets.

The 26-year-old Smith allegedly had been driving erratically -- swerving over the center divider in an area called Monument Circle -- when a police officer pulled him over. According to a local media outlet, Channel 6, Smith allegedly smelled like alcohol and had difficulty exiting his vehicle. He failed police-administered roadside sobriety tests and blew a BAC high above the state's legal limit. News Channel 6 also reported that Smith was charged with 'driving while intoxicated' (DWI) -- a potentially more serious charge than 'driving under the influence' (DUI).

If you're pulled over for driving DWI in Beverly Hills or DWI in West Hollywood or anywhere else in Southern California, it can help to have a working understanding of the standards by which officers must conduct themselves. In California, DWI suspects can be arrested in essentially two ways:

1) At predesignated 'DUI checkpoints,' which are set up explicitly to catch drivers in the act of violating California Vehicle Code Sections 23152 (a) and (b).

2) Drivers can be arrested via ad hoc traffic stops. Indeed, most Southern California DUI arrests occur after an officer observes a traffic infraction or other road violation -- such as swerving over the center line as Smith allegedly did. Other typical 'trigger' violations include: running stop signs or stoplights; speeding excessively; going too slow for traffic; and driving recklessly or aggressively.

In California, police may not act with impunity during these pullovers. Both the California Supreme Court and the United States Supreme Court have stipulated precise rules of conduct by which arresting officers must abide. If an officer makes a stop illegally, or if a suspect is denied due process, for instance, the charges against the defendant may be thrown out, irrespective of the validity of the allegations.

You need not be a sports celebrity to avail yourself of the best possible legal defense against charges of Beverly Hills DWI (or DWI elsewhere in Southern California).

Continue reading "Wide Receiver for Colts Busted -- Not for DUI in Los Angeles -- but Rather for DWI in Indianapolis" »

Heidi Androl, a former contestant on Donald Trump’s realty show “The Apprentice,” was arrested Monday December 7 for a Southern California DUI on the 105 Freeway. The gossip website TMZ.com reported that Androl had been partying at Club Nokia (in honor of Luc Robitaille) prior to her arrest. She was reportedly going 35 mph -- significantly under the speed limit -- prompting an anonymous citizen to call the police. The CHP subjected her to roadside sobriety tests, which she allegedly failed.

What typical Southern California roadside sobriety tests do CHP officers employ on suspect drivers like Androl? Here’s a quick primer on the popular tests:

1. Horizontal gaze nystagmus test

This eye exam is often the first test an officer will use on an individual suspected of driving under the influence in Los Angeles. An eyeball typically “jerks” as it tracks a moving object, like a flashlight. Theoretically, a police officer can estimate impairment based on the angle of this jerk. But the science underlying this test is flimsy.

2. Coordination tests

These include:

a. one-leg stand test

b. walk the line test

c. finger to the nose test

d. Rhomberg test (in which a suspect leans his head back and counts up to 30.)

If the driver loses his balance, demonstrates poor reaction time, or shows a general lack of coordination, the officer might have reason to suspect Long Beach DUI.

3. Subjective evaluations

Independent of the field sobriety tests (FSTs) administered, an officer may arrest a suspect based on intuition. Fortunately for defendants, an officer’s “gut feeling” won’t likely be admissible as serious evidence in court.

Continue reading "Former “Apprentice” Contestant Busted for Southern California DUI" »

The last six months of 2009 saw a plethora of Southern California DUI arrests, and many of the entertainment industry’s most well known players fell victim. Let’s take a closer look at some of the headline grabbing celebrity DUI arrests in 2009.

9. Pamela Bach -- as reported in our December 2nd entry, the ex-wife of Baywatch superstar David Hasselhoff was pulled over on the 101 freeway for DUI just around two weeks ago with a BAC of around 0.14%. According to reports, she had a previous track record for DUI (arrest in 2007), and she posted a $15,000 bail.

8. Thomas Dekker -- the 21-year-old star of Terminator: The Sarah Connor Chronicles was busted back in late October for driving under the influence in Southern California and injuring a bicyclist. His bail was set at a whopping $100,000.

7. Ronald Belisario -- On August 27, the Dodgers reliever was pulled over by the CHP not only for driving under the influence but also for talking on his cell phone while driving. Ironically, the pitcher had literally just thrown a star relief performance to help the Dodgers nail down a win against the Seattle Mariners.

6. Jeffrey Donovan -- the star of the USA Network series Burn Notice was booked on July 12 for DUI after nearly smashing into a police car in his 2009 Audi. After failing a roadside sobriety test, Donovan posted a $1,000 bail.

5. Shayne Lamas -- Lamas was pulled over on November 14th for a DUI in Los Angeles after failing a breathalyzer test by a wide margin. She was cited for a “wet reckless” charge, fined $300 and ordered to be on probation for three years.

4. Stephanie Pratt -- the 23-year old star of the The Hills was busted back in early November for DUI in Burbank after partying at a club called Empire. She made a $5,000 bail. Pratt had previously been arrested for driving under the influence back in 2006 in Hawaii.

3. Brawley Nolte -- on October 7, the son of Nick Nolte (who himself was arrested for driving under the influence in Southern California back in 2002) was pulled over in Santa Monica and arrested not only for DUI but also for hitting another car. Brawley failed a roadside sobriety test and had to pay a bail of $5,000.

2. Roderick George Toombs -- the WWF superstar formerly known as Rowdy Roddy Piper was arrested in the beginning of July in Hollywood for driving under the influence. The erstwhile nemesis of Hulk Hogan was released on a $5,000 bail.

1. Alexandra Kerry -- in late November, the daughter of the US Senator and former Presidential candidate was pulled over for driving with a BAC level of 0.06%. Although the Los Angeles DUI charges were ultimately dismissed, Kerry did get cited for having an expired registration and had to pay a $5,000 bail.

BONUS: Artie Lang -- Howard Stern’s longtime co-host was busted for driving under influence on July 10. Lang allegedly rammed into someone else’s 2004 Pontiac and was arrested on multiple charges.

Continue reading "Nine More Most Talked about Celebrity and Southern California DUI Arrests in 2009 (Part II: July through December)" »

As the holiday season winds up and the business year winds down, it is time to reflect on some of the biggest Southern California DUI stories -- news items that caught our attention, scared us, wowed us, or just surprised us. Here are nine of the most intriguing of these items.

9. Roger Avary -- the screenwriter of such classics as Pulp Fiction and The Rules of Attraction was involved in a tragic case collision on January 13, in which he hit and killed a tourist, Andreas Zedine. Avary was booked at the Ventura County Jail and held on a bail of $50,000.

8. Jani Lane -- the 45-year-old former rock star (of the band Warrant -- famous for songs such as Cherry Pie) was busted for DUI in Los Angeles on 9:30 p.m. on June 18. Although he hit a car -- and had to make a bail payment of $30,000 according to reports from the LAPD -- he did not cause injury to others.

7. Lori Petty -- The actor, who starred in popular ‘80s movies like Point Break (with Keanu Reeves) and A League of Their Own (with Tom Hanks), was arrested after she drove into a Venice Beach skateboarder in early June. Bail was set at $100,000.

6. Joba Chamberlain -- The baseball player was arrested on April 2nd for driving in Nebraska with a BAC of over 0.13% - nearly twice the legal limit for driving under the influence in California (0.08%).

5. Russell Rhodes -- a local Tampa Florida news anchor (WTVT Channel 13) was arrested on January 16 for DUI after fleeing on foot from police. An officer allegedly tackled the anchor, who suffered bruising, lacerations, and injuries to his face.

4. Charles Barkley -- Technically the basketball great was arrested on December 31st, 2008. But since his DUI stop in Scottsdale, Arizona occurred fewer than 24 hours prior to the fall of the Apple in Times Square, we’re including him in 2009 category.

3. Brian Bosworth -- the former Seattle Seahawks linebacker and actor (Stone Cold) was pulled over for a Los Angeles DUI while driving his Harley Davidson on Hollywood Boulevard. Bosworth failed a breathalyzer test and was released on a $5,000 bail.

2. Eric Carmen -- The songwriter and lyricist, who is best known for hits from the 1980s such as Hungry Eyes and All By Myself, was sentenced in April for DUI in Ohio. In addition to having to pay fees of around $15,000, the 59 year-old spent 30 days behind bars.

1. Michael Phelps -- Phelps was not technically arrested for DUI in 2009 (he was in 2004), but the Olympic gold medalist’s flirtation with marijuana back in February led to much public consternation and endorsement contract cancellations. Although Phelps was not involved in any kind of injury accident, his celebrity status and formerly-squeaky clean persona proved irresistible to gossip mongers.

Continue reading "Nine Most Talked about Celebrity and Southern California DUI Arrests in 2009 (Part I: January through June)" »

Southern California DUI blogs are abuzz with new video footage featuring the DUI arrest of hip hop artist Nas -- more formally known as Nasir Jones -- who was charged with the offense back in September. The gossip site TMZ.com publicized the six minute and 47 second video clip, which shows the rapper failing multiple field sobriety tests. According to a September 10th police report filed by the Henry County, GA police, Nas initially admitted to smoking marijuana prior to getting behind the wheel.

Nas has been a favorite target of gossip-mongers recently thanks to his high-profile divorce from fellow superstar artist Kelis (of ‘Milkshake’ fame). Fortunately for the rapper, the DUI charges against him have been dropped. And his once acrimonious divorce proceedings with Kelis seem to have settled down -- the two were seen laughing together outside their courtroom last week.

Although Nas’s arrest occurred in Georgia -- and thus he would not have needed the services of a Southern California DUI lawyer -- the trials and tribulations that beset many high profile defendants often showcase remarkably similar themes.

For instance, roadside sobriety test failures are often publicized as prominent “proof” that a particular defendant is guilty. But the reality is that roadside sobriety tests are far less accurate than advocates sometimes acknowledge. Consider the following:

The horizontal gaze nystagmus test is often the first examination given to a DUI suspect. Essentially, an officer tests whether the driver can effectively track a stimulus. If the eye reacts slowly or bounces back and forth, that might indicate DUI. But numerous factors can bias the test. For instance, all the following factors -- and more -- can cause a non-DUI driver to ‘fail’ the gaze test:

• being on a strong medication
• fatigue
• stress
• genetic (or other) disorders of the eyes

Other tests -- such as the walk the line test, the one leg stand test, and the finger to the nose test -- measure physical coordination to ascertain whether someone is DUI or not. But this kind of testing can likewise be biased or rendered meaningless by an array of factors including the ones aforementioned. In addition, illnesses, fear, or a simple innate lack of coordination can lead to false positives -- and thus to Long Beach DUI arrests.

Continue reading "Footage of Nas Arrest Lights Up Celebrity Los Angeles DUI Blogs" »

Last Wednesday, golf superstar and billionaire Tiger Woods smashed into a fire hydrant near his Orlando home, causing over $3,000 in damage, according to the AP. Although this was not a Southern California DUI accident, the blogosphere (and even the mainstream media) has jumped all over the story, in part due to salacious details emerging about Woods' alleged affair with a cocktail waitress named Jamie Grubbs. The Orlando police released a six page accident report which included over 100 photos of Woods' damaged Cadillac Escalade. According to the AP story, Woods' vehicle "rubbed up against a line of bushes, crossed over a curb onto a grass median and into a row of hedges before swerving left into a hydrant and crashing into the tree."

Woods has hunkered down -- away from the public spotlight -- after issuing a cryptic public apology about his "transgressions."

Although Woods was not charged with DUI in Southern California -- the incident, after all, occurred in Orlando, Florida, and the only charge was "careless driving" (which merited a flimsy fine of $164 and four points on his license) -- the consequences for his endorsement career could be significant.

Prior to this incident and these allegations, Woods had maintained a relatively bulletproof public persona -- that of a polite and thoroughly wholesome sportsman. Although police made no allegations that Woods had been drinking or otherwise intoxicated at the time of the crash, the golf pro did exhibit signs that could be construed as potentially indicating intoxication, at least according to the metrics used by California Highway Patrol officers. These symptoms of Souther California DUI include:

Disheveled appearance

Bad driving

Obviously impaired motor skills

Slow responses to officer questions

Bloodshot, watery, or unfocused eyes

Disorientation

Many drivers exhibit these DUI-like symptoms independent of their level of alcohol intoxication. For instance, if someone gets physically sick or doesn't get a lot of sleep, he or she can exhibit many if not all of the above symptoms. And certain medications can even make people smell like alcohol even though they've had nary a drop to drink.

All this is to say that defending a Beverly Hills DUI matter can become exceedingly complicated and technical. To that end, if you've been arrested for misdemeanor Los Angeles DUI, you may need a veteran attorney to represent you. Attorney Michael Kraut of the Kraut Law Group has been working in the Southern California legal system for over a decade -- first as a prosecutor (Deputy District Attorney for Los Angeles) and now as a criminal defense lawyer. Since he's worked on behalf of both sides, he brings a unique perspective to bear on each and every matter. And his deep understanding of how the prosecution operates often comes in handy when he develops strategic approaches for his clients.

Continue reading "Tiger Woods' big crash -- not a celebrity Los Angeles DUI catastrophe -- but an embarrassing incident (and media cat-nip) nevertheless" »

The AP has reported that Pamela Bach was arrested on charges of DUI in Southern California on Saturday night on the 101 freeway. The police report said that the former Baywatch beauty and (now ex-wife of David Hasselhoff) blew a BAC level of 0.13% or 0.14% -- significantly over the state's legal limit of 0.08%. She was booked at the Van Nuys jail and released after posting a $15,000 bond. Bach confessed to her misjudgment in a public statement: "I am remorseful and mortified. I am going through a really difficult time between David being in the hospital and going through the divorce."

According to the AP, Bach had been arrested in 2007 for a hit and run -- a charge which was later dropped when she reached a settlement with the woman whom she hit. She was also on probation for a DUI in Southern California she received back in August.

As a savvy Van Nuys DUI attorney would tell you, the legal defense for someone charged multiple times with DUI in California can be exponentially complicated. Multiple violations of California Vehicle Code Section 23152(a) and 23152(b) can result in increased penalties.

First-time DUI offenders face serious-enough penalties, including six weeks minimum alcohol school, suspension of driver's license for a year, 4 hours in police custody, fines, and other assorted penalties. But the punishments get much worse with multiple convictions. Second time offenders can receive a two-year driver's license suspension, a minimum of 18 months in alcohol school, and a mandatory four-day jail sentence. A third time offender can get a three-year driver's license suspension, 18 months minimum in DUI school, and a minimum of 120 days in police custody. A four time DUI offender (within 10 years) can get a minimum of 180 days behind bars (just for a misdemeanor DUI) and may have to pay additional fines and penalties.

If you or a friend or loved one has been arrested for Burbank DUI or DUI anywhere else in Southern California, look to the services of a qualified attorney.

Continue reading "Pamela Bach, ex-wife of Baywatch superstar David Hasselhoff, tagged for driving under the influence in Los Angeles" »

Last week, Alexandra Kerry, the 36-year old daughter of senator and former presidential candidate John Kerry, got pulled over for driving under the influence in Los Angeles. On Monday, however, the city prosecutor’s office opted to drop the case against the documentary filmmaker, citing the fact that her blood alcohol (BAC) level was 0.06% -- 0.02% under California’s legal limit of 0.08%.

People Magazine broke the story of Kerry's arrest last week; nevertheless, many details have still yet to be made public. A spokesman for the LAPD said that Kerry posted a $5,000 bail and that she was cited for having an expired registration. She was booked at a Hollywood police station, and a court date had been set for December 10. No other drivers were allegedly involved in the incident, and no one was injured.

As a reputable Southern California DUI attorney will tell you, the key law that governs cases like Kerry’s is California Vehicle Code Section 23152 -- specifically sections 23152(a) and 23152(b). The first section stipulates that if you operate a car, truck, or other vehicle while under the influence of narcotics or alcohol, you can be booked for a criminal act. The section also lays down punishments for violating this law, which include license suspension, serious fines and court costs, and jail time. Section 23152(b) stipulates that one may not drive a car, truck, or other motor vehicle with a BAC of more than 0.08%. (Since Alexandra Kerry -- as we mentioned above -- only had a BAC of 0.06%, it therefore would have been very difficult for prosecutors to build a substantial case against her.)

Not all charges of driving under the influence in Southern California are as easily met, however. If you or a loved one faces similar charges -- or even charges complicated by injuries, property damage, or other factors -- it may behoove you to connect ASAP with Attorney Michael Kraut of the Kraut Law Group.

For years, Attorney Kraut worked as Deputy District Attorney for the city of Los Angeles, during which time he prosecuted some very tough DUI cases. He has since switched over to representing criminal defendants, and he uses his knowledge of procedure and law to develop superior strategies for his clients. Attorney Kraut has an impressive pedigree -- including a degree from Harvard Law School. And he has proven himself many times over both in settlement hearings and at trials. Given the severity of your charge, it makes sense to work with one of the best attorneys that the city has to offer.

Continue reading "Los Angeles DUI Charges against John Kerry’s Daughter Dropped" »

Hills costar Stephanie Pratt, 23, was arrested Sunday morning for driving under the influence in Los Angeles (specifically Van Nuys) following a night of partying. According to reports from celebrity gossip outlets like TMZ.com and MTV news, Pratt had been partying at the club Empire, celebrating a friend's birthday with other Hills cast members. (Pratt allegedly twittered to her fans that she was being a "party pooper" for leaving early.)

Pratt also had a run in with the law in May, 2006, in Hawaii, when police arrested her for drug violations and theft.

Van Nuys police released Pratt Sunday morning after she posted a $5000 bail. A court hearing will be scheduled regarding her case.

Had Pratt been advised by a Southern California DUI attorney, she might have opted to take a cab or find a designated driver. After all, the consequences of conviction for even one misdemeanor Southern California DUI can be both long-lasting and severe -- even if no one was hurt and no property damaged.

California DUI law is governed by two key sections: California Vehicle Code Sections 23152 (a) and 23152 (b). Typically, a first Southern California DUI will merit a misdemeanor conviction. However, if you collect three or more DUIs within a ten-year stretch, you may be charged with a felony.

According to state law, the court can impose a battery of penalties, including:

* Half a year in jail (maximum); minimum of 48 hours in police custody
* Forced to install and maintain (at your own expense) an interlock device for your car
* Draconian probation terms
* Alcohol school -- mandatory DUI school attendance for up to nine months (minimum six weeks)
* Suspension of CA driver's license -- you can lose your license for a full year
* Fines and court costs -- the maximum allowable fine is $1000. However, court costs can prove much higher

To explore legal options with a battle proven Southern California DUI defense specialist, connect with Attorney Michael Kraut. After serving as a state prosecutor for many years -- during which time, he prosecuted an array of complicated DUI cases successfully -- Attorney Kraut opted to take on criminal defense work. His deep understanding of issues of law, his ability to consider legal arguments from both the defendant's and prosecutor's perspective, and his impressive pedigree (he's a graduate of Harvard Law School) make him a formidable force in the courtroom.

Continue reading "Star from The Hills busted in the Valley for DUI in Los Angeles" »

On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson's arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that "the Jews are responsible for all the wars in the world."

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you're overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to "only having had a few drinks," for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you're on probation for driving under the influence of Los Angeles, or if you've just been arrested, you must take a test. (And if you've been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample -- even in spite of the suspect's unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).

Continue reading "Mel Gibson Finally Puts His Southern California DUI Behind Him" »

Thomas Dekker -- the star of the short-lived TV series: "Terminator: the Sarah Connor Chronicles," was arrested on Wednesday for driving under the influence in Los Angeles. According to a report from the celebrity blog TMZ.com, the 21-year-old actor slammed into a bicyclist and was booked on charges of felony DUI in Southern California. The accident took place at around 9 PM in the San Fernando Valley. Dekker's being held on a bail of $100,000.

It's unclear from reports how serious the bicyclist's injuries are; nor is it clear whether Dekker himself suffered injuries or whether any property was damaged.

Given the serious consequences associated with a conviction for felony DUI, Dekker will likely require the services of a qualified and experienced Los Angeles DUI attorney.

California Vehicle Code Section 23153 (a) mandates that, in the event that a DUI driver causes injury to another person or persons, his charge may be elevated from a misdemeanor to a felony. California Vehicle Code Section 23153 (b) outlines many of the penalties that can result from a felony DUI conviction. These can include fines and court costs, jail time, forced restitution to victims, and loss of other privileges and licenses.

That being said, a felony injury Los Angeles DUI conviction is by no means guaranteed. The prosecution must meet a heavy burden of proof. First of all, the prosecution must show that the defendant had been driving with a blood alcohol concentration of 0.08% or greater. Second, the prosecution must show that the defendant had committed some act of negligence or traffic violation that caused the accident that resulted in the injury.

To illustrate this point, let's consider a scenario in which a driver is DUI. But then a bicyclist blows through a stop sign and drives right in front of his car. The cyclist gets hit and injured. In this case, the driver can be convicted of a misdemeanor DUI, since he was under the influence. But he shouldn't be convicted of a felony injury DUI, since he had been obeying the traffic laws; the bicyclist provoked the accident by driving negligently.

As you can see, DUI legal issues can come become incredibly complicated. To make sense of your rights and obligations, you need to analyze and investigate. That's why many defendants trust attorney Michael Kraut to provide savvy guidance. Prior to representing criminal defendants, Attorney Kraut spent years prosecuting Los Angeles DUI cases -- essentially working for the "other side" -- and he leverages his intimate knowledge of the prosecutorial system to deliver superior results time and again.

Continue reading "Terminator Star Taken to Task for Southern California DUI; Bicyclist Injured" »

It’s a case that rivals a celebrity Los Angeles DUI escapade -- and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour.

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That's twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison -- for each of the three charges -- and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. [According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator's blood sample was first sent to be analyzed.]

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it's almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Law Group. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.

Continue reading "Montana Senator Hit with Felony Charges For Boating Under the Influence -- Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters" »