Los Angeles DUI Attorney Blog

Celebrity blogs and other media that cover Southern California DUI events have been bubbling over about the latest charges against former Wham! singer George Michael. The 47-year-old 80’s pop icon got arrested in London on July 4 after he crashed his Range Rover into a photo shop in London. The pop star tested negative for DUI but positive for driving under the influence of marijuana (in England the charge is called “unfit to drive through drugs”), and he now faces serious penalties, including potentially a long stint in jail.

George Michael has been investigated by police seven times over the past six years for driving related incidents. Three times, he has been found by police unconscious behind the wheel. The first was in February of 2006, when he received a citation for smoking marijuana. Months later, he crashed his vehicle after he fell asleep. A few months after that, he also fell asleep behind the wheel, allegedly due to drug use.

George Michael has publicly admitted to smoking 25 joints a day (although, allegedly, according to UK tabloid reports, he is down to “seven or eight” a day now). The Wham! star had been attending a London gay pride event before he smashed his truck into a store named Snappy Snaps.

The sad and disturbing travails of the 80’s pop star (whose real name is George Panayiotou) highlight how difficult it is for certain people to “get out of” destructive behavior cycles. Unfortunately for these recidivists, Beverly Hills DUI law does not take kindly to repeat offenders. Indeed, if, within 10 years time, you get convicted of two charges of Los Angeles DUI, you can face a two-year driver’s license suspension, mandatory 96 hours in jail, a year-and-a-half’s worth of alcohol school. The court may also impose additional penalties and restrictions – such as difficult probation terms.

Third time offenders can get increased penalties above and beyond that – including, most notably, 120-day minimum jail sentence.

Fourth time offenders get a minimum of 180 days in a county jail.

In certain multiple-DUI situations, what would ordinarily be a misdemeanor Hollywood DUI charge could be elevated to a felony – even absent any additional complications (such as hurting someone while DUI, causing serious property damage or being involved in a hit and run).

Whether you have a history of driving like George Michael, or you are a first time offender who is confused and scared, you could almost certainly benefit from a consultation with a trained and experienced Los Angeles DUI attorney.

Continue reading "Celebrity Los Angeles DUI Bloggers Muse Fate of George Michael, as Wham! Singer Slams into London Storefront" »

As this blog reported earlier this year, NFL linebacker Rey Maualuga caused a stir in the sports celebrity Los Angeles DUI community in January when he got pulled over in Kentucky for DUI after he smashed into two parked cars and a parking meter. Maualuga ultimately pled guilty to driving under the influence and had to contend with the following penalties:

• Seven year suspended jail sentence.
• 90-day driver’s license suspension.
• Mandatory alcohol and drug education classes.
• Two years probation.
• Forced restitution for the property damage.

While Maualuga’s legal sentencing for his arrest has been long concluded, his NFL punishment was only doled out on August 17. The NFL had an opportunity to suspend the Bengals linebacker. Indeed, the Commissioner just recently reviewed whether to suspend one of Maualuga’s teammates, Cedric Benson, who got convicted of a misdemeanor for punching an bar employee in the face (the commissioner decided not to suspend Benson, either.)

But although Maualuga escaped league suspension, he had to forfeit two weeks of his signing bonus and pay two games’ worth of his checks to the NFL.

If someone like Maualuga had been pulled over for, say, driving under the influence in Long Beach, what penalties would he face here? Your Southern California DUI punishment will be determined by a constellation of complex factors, including whether or not you hurt anyone or did any property damage, whether this is your first offence or a second or a third, whether you have a criminal record, whether you were operating on a suspended license or not, whether you were under the legal drinking age, and whether you cooperated with police or fled the scene.

For the simplest Long Beach DUI offense, you might be convicted of a misdemeanor and get penalties like 48 hours of mandatory jail time, court costs and fines equal to a maximum of $1,000, a one-year license suspension with no possibility of restricted license, six weeks of mandatory alcohol school, probation, and forced installation of an interlock ignition device (IID) in your vehicle.

As you can see, even a conviction of misdemeanor Los Angeles DUI carries some pretty hefty penalties. To that end, you want to make sure that the defense you develop is well suited and appropriate. Indeed, the strategy that you pursue can have enormous ramifications both for your personal freedom and for your finances.

Continue reading "Celebrity Southern California DUI Bloggers Weigh in on Bengals Linebacker’s NFL Punishment" »

Those in the Southern California DUI community who follow celebrity arrests and general misconduct have once again turned attention to the city of Cleveland, Ohio. Cleveland has taken quite a PR hit over the past few months – in particular, the city’s former basketball phenom, LeBron James, ditched his Cleveland Cavaliers for the Miami Heat in a televised conference on ESPN. The latest insult to Cleveland came last weekend when Gerard Lawson, a defensive back for the Browns, got into a hit and run DUI accident in Cleveland’s Warehouse District.

Local station WEWS-TV reported that Lawson smashed into a parked car and attempted a hit and run before being pulled over the police. He confessed to driving under the influence and got released early Sunday (just in time for practice). The 25-year-old Lawson signed with the Browns in 2008 and played five games in 2009.

From the WEWS-TV news report, it appears that Lawson did not hurt anyone (or himself), but what happens if someone drives DUI in Burbank (for instance) and does cause injury to someone else?

Southern California DUI law is very clear – if you cause what’s technically known as “DUI with injury,” a violation of California Vehicle Code Section 23153(a) or 23153(b), your punishment can be elevated above and beyond on a normal punishment for driving under the influence in Burbank.

What’s the difference?

A “typical” Los Angeles DUI arrest – e.g. for driving with a BAC of 0.12%, significantly over the state’s legal limit of 0.08% -- might net you punishments like fines, mandatory interlock ignition device installation, a one year driver’s license suspension, probation, and a small amount of jail time. But if you commit the same exact crime and hurt someone in the process – even not that badly –your Burbank DUI could be bumped up to a felony. This means that if you are convicted, you could permanently lose the right to vote in elections, and all aspects of your sentence could be more extreme.

Another thing to take from this Gerard Lawson report is the idea of hit and run. If you hit a car or a person or a piece of property and then drive off without reporting it or without leaving a note, you could face substantial extra legal trouble – including a ratcheting up of all sorts of penalties.

So whether you’ve been arrested for driving under the influence in Southern California – or a friend or relative got caught for a hit and run or injury DUI – you no doubt can use the counsel of an experienced DUI defense attorney.

Continue reading "Celebrity Los Angeles DUI Blogs Debate Cleveland’s Rotten Luck as another Star Goes South" »

For the past several weeks, blogs and even the mainstream media have been endlessly covering Lindsey Lohan’s Los Angeles DUI related jail sentence (stemming from a 2009 arrest). And it’s not just Lohan who has had to face the music – actor Chris Klein, 80’s rocker Jani Lane, and seemingly dozens of celebrities, sports figures, and politicians alike have been taking the lumps. But one non Los Angeles DUI story that’s gone completely under the radar – but which is nevertheless quite interesting – involves neither a celebrity nor an athlete nor a politician.

It involves a goat and a trunk.

Yup. You read that right. Here are the details.

On June 11th, a police officer in Bedford County Virginia pulled over a woman named Fiona Enderby for suspected DUI and discovered that she had a goat locked up in her trunk. The Sheriff's Deputy “liberated” the animal and turned him over to new owners at a local farm, Johnson’s Orchards. The goat was humorously rechristened “Trunk” and, according to a local affiliate news source, he is getting a royal treatment now – “a fenced and aerated room, with a creek and plenty of trees for shade…and several other goats to play with, including female goats.”

Getting a little more serious, let’s return our attention to the laws governing Long Beach DUI arrests (and arrests for DUI elsewhere in Southern California). The California Vehicle Code Sections 23152(a) and 23152(b) spell out precisely what a charge of “DUI in Long Beach” constitutes and how it should be punished. According to the first statute, 23152(a), if a police officer stops you while you are driving a motor vehicle while DUI, you can be arrested and subjected to myriad punishments. The court can order you to spend time in jail, suspend your driver’s license, require you to install an interlock ignition device in your car, enforce terms of probation, and set other punishments. 23152(b) defines DUI in a different way – as having a BAC (Blood Alcohol Concentration) of 0.08% or greater. The same penalties spelled out in 23152(a) apply.

Obviously, only the small minority of DUI in Long Beach cases involve celebrities, politicians, singers, or goats. If you or a family member currently faces charges pursuant to 23152(a) or 23152(b), the quality of your legal representation can make a huge difference in terms of the sentence you get and whether or not you can put up stiff resistance to the charges.

So who should you get in your corner?

Continue reading "Enough Prattle about Lindsey Lohan’s Los Angeles DUI Jail Sentence: Let’s Talk about Goats in Trunks" »

Last week, Jani Lane – the embattled former singer of the band Warrant – was finally sentenced for his Woodland Hills DUI of May 9th. The hair band singer pled no contest to charges and got 120 days in jail. He was also ordered to spend 30 months in an alcohol education program, and his license will be suspended for three years. As this blog reported when the "Cherry Pie" singer got arrested two months ago, the officer who stopped Lane for driving under the influence in Los Angeles was the same cop who busted him for his last Southern California DUI in 2009. (If you recall, for that misdemeanor charge, Lane got three months in alcohol school and three years probation).

The rocker’s jail sentence comes on the heels of other major breaking news in the celebrity Los Angeles DUI world – actor Chris Klein (of American Pie fame) may be facing jail time for his 2010 Southern California DUI arrest. And, of course, unless you’ve been living under a rock, you no doubt read that Lindsey Lohan finally checked into jail last Wednesday after being sentenced for violating probation associated with her 2009 Los Angeles DUI arrest.

What happens when people like Jani Lane get arrested multiple times for driving under the influence in Burbank, Woodland Hills, or really anywhere else in Southern California?

In short, the court has leeway to impose greater and greater penalties every time you get an additional conviction, as long as your previous DUIs occurred within the past 10 years. A first time offender in a typical case might be charged with a misdemeanor. The court could impose 48 hours minimum jail time – as well as a maximum of six months in jail. Remember, that’s without any other complicating factors, such as an injury. 1st time fines can max out at $1000 on top of court costs. You can get a 1-year driver’s license suspension, mandatory alcohol school, probation, and – as of July 1st -- mandatory interlock ignition device installation.

Second time Woodland Hills or Burbank DUI offenders get increased mandatory jail time – at minimum, four days; at maximum, 6 months. Your mandatory DUI alcohol school time goes up to 18 months, and your driver's license suspension goes up to two years. Your fines and court costs will also bump up.

After a third, fourth, and subsequent DUI convictions, you face incremental increases in your penalties as well as the potential for the court to elevate what would ordinarily be a standard misdemeanor Southern California DUI to a felony charge.

All this is to say that, if you face charges similar to Jani Lane’s, you probably want to consult with a credentialed Los Angeles DUI lawyer ASAP.

Continue reading "Major Jail Sentence Slapped on Jani Lane for Los Angeles DUI" »

Two months ago, Mary Kennedy, the soon-to-be ex-wife of Robert F. Kennedy, Jr., was pulled over for DUI in Bedford, New York – a surprising arrest that sparked heated discussion among the bloggers and pundits who track celebrity Los Angeles DUI matters.

Background of her arrest follows:

On May 13th, the day after Mr. Kennedy filed for divorce, he and Mary Kennedy had a public fight regarding whether or not they should take their four children to a carnival. Officers got called to resolve the domestic dispute, at which time, according to police documents, Mr. Kennedy accused his wife of being “intoxicated and…acting irrational.”

On May 15th, the Bedford police pulled over Mrs. Kennedy at around 9:15 p.m. after she was seen driving onto the curb on Greenwich Road. The arresting officer noted that her speech was slurred, and her BAC tested at higher than 0.08% – the legal limit for DUI in Southern California as well as New York. To-date, neither party has made public comments on the upcoming divorce filing. On July 22nd, Mrs. Kennedy will have her day in court for her DUI.

Broader Implications

Whether you are pulled over for driving under the influence in Glendale or Bedford, NY, police will examine a range of evidence to render a judgment about whether you are DUI or not. The arrest report noted that Mrs. Kennedy had slurred speech, which can be a symptom of DUI in Glendale (or really anywhere in the country). What other symptoms do officers look for? Here is a partial list:

• Incoherent or inconsistent stories about where the person has been/is headed.
• Incomprehensible or overly slow or overly rapid responses to police questions.
• Slurred speech.
• Bloodshot/watery eyes.
• Poor motor control.
• Any kind of inappropriate reaction, such as manic or overly aggressive behavior.
• Odor of alcohol on the person or in the person’s vehicle.
• Lack of balance.
• Abnormally slow pupil reaction time (failing the horizontal gaze nystagmus test)

What if you or a loved one failed a Pasadena DUI sobriety test? What can you do to shield yourself against potential legal blowback and clear your record? Furthermore, how can you prevent getting into dangerous and legally uncomfortable situations like this again?

Your best strategy may be to find an experienced and reputable Los Angeles DUI attorney.

Continue reading "Celebrity Los Angeles DUI Bloggers Weigh in on RFK Jr.’s Wife's Charge" »

When the flurry of news about Lindsay Lohan's 90-day jail sentence for violating her Los Angeles DUI probation hit the fan a few weeks ago, this blog deliberately avoided covering it because there was simply too much sensationalism about it in the press. However, given the layers and twists and turns that the story has been taking, any blog devoted to covering news related to driving under the influence in Southern California would be remiss if it did not address the latest developments in the case.

Last week, Lohan hired Robert Shapiro, the criminal defense attorney who once represented O.J. Simpson. She also checked into a rehab facility that the famous lawyer set up. Lohan faced flack (and some praise) from fans and celebrity gossipmongers for her covert communications (via drawing on her hands) and general histrionics.

Obviously, without knowledge of the details of her Southern California DUI case, it is not fair to weigh in one way or another. That's a key point. You really have to be careful about what you read in the media, as news stories automatically tend to oversimplify and skew coverage. Although the American legal system operates on the principle of "innocent until proven guilty," often, the public press works on just the opposite principle – guilty until proven innocent.

All this is to say that, if you or a loved one faces a similar battle against a charge of Hollywood DUI, you want facts and strategic guidance – not opinions and theories based on hearsay.

For instance, how well do you know the penalties for Southern California DUI? As you may have read, Lohan got approximately three months in jail for violating the terms of her probation. But what exactly does that mean? What do convicted DUI offenders typically face, punishment-wise? Does the court have leeway? Can your lawyer help reduce your sentence? And what happens if you collect more than one DUI? These are all critical questions – and the answers can be dynamic. That's why having a Hollywood DUI attorney provide good strategic guidance can be crucial. That said, let's just review again some basic parameters.

First timers could get the following penalties: 48 hours in jail (max six months), $1,000 in fines and court costs, California driver’s license suspension of a year, mandatory six weeks or more DUI alcohol school, formal probation imposed, and a mandatory interlock ignition device installation (as of July 1, 2010).

Second time convicts (within 10 years) face jacked up penalties, such as at least four days in jail instead of 48 hours, a minimum of 18 months in DUI alcohol school as opposed to six weeks, a two-year driver’s license suspension as opposed to one year, increases in court costs and fines, and likely stricter terms of probation.

And as you get more and more DUIs within a 10-year period, your penalties increase incrementally. Under some circumstances – for instance, if you cause an injury to someone while DUI in Hollywood – your charge could be elevated from a misdemeanor to a felony.

The point is, whether you are a high profile defendant on the order of Ms. Lohan or whether you face a "workaday" Los Angeles DUI charge, you really need expert guidance to try to minimize your sentence and maximize your chances for a healthy and safe recovery.

Continue reading "Lindsay Lohan gets Jail Time for Violating Los Angeles DUI Probation Terms" »

Southern California DUI reporters have been furiously blogging the past week about the arrest last Saturday of Quinton Ganther, a runningback for Seattle Seahawks. The 25-year-old Ganther played for the Washington Redskins last season and rushed for more than 200 yards. The Seahawks signed him to compete to play on the 53-man squad as a reserve runningback.

According to the Seattle Times, Ganther was driving around 3:45 early Saturday morning near Sacramento when the California Highway Patrol (CHP) pulled him over and took him into custody. After a stay at the Sacramento County Jail, Ganther secured release by making a bail of nearly $1,500. Ganther’s Southern California DUI arrest is just the latest in a series of legal problems for Seahawks players. Leroy Hill, a teammate, was busted in April for charges of domestic violence and assault – he could be going to trial potentially this month. And Kevin Ellison, a safety, got arrested in May for possessing Vicodin tablets that he didn't have a prescription for. [Technically, Ellison was on the roster of the San Diego Chargers during that arrest. Subsequently, the Chargers waived his contract, allowing him to sign with the Seahawks.]

Whether you get pulled over for DUI in Long Beach, Laguna Beach, or Sacramento, police officers will (or at least should) subject you to similar treatment. In particular, they will look for so-called "symptoms" of Southern California DUI. Here is a partial list:

• Impaired motor skills
• Odor of alcohol or other intoxicants on the breath
• Eyes are watery and bloodshot
• Incoherent responses to police questions
• Problems fishing out a wallet or driver’s license
• General stumbling and fumbling
• Disheveled appearance
• Demeanor that's out of the ordinary – e.g. excitable, overly defensive, belligerent
• Incoherent explanation of where the person has been
• Admission to using alcohol, prescription medications, narcotics, or other substances.

If convicted of a charge of Long Beach DUI (or really, DUI anywhere in the Golden State), you can face a variety of scary penalties, including jail time, harsh fines, driver’s license suspension, mandatory alcohol school and probation. And that's all for a Los Angeles DUI conviction that's not further complicated by injury or serious property damage.

How much trouble are you in? And what can you do about your arrest?

Continue reading "Southern California DUI Blogs Buzz about Seahawks Runningback’s Arrest" »

As students of this blog know, the legal limit for Los Angeles DUI is a blood alcohol concentration of 0.08%. Well, Tom Lewand, the President of the Detroit Lions, got pulled over the Friday before last for driving with a BAC of 0.21% – nearly three times Detroit’s (and California’s) legal limit!

According to the police report, Lewand was driving in Denton Township to pick a buddy up – he was, ironically, to be the designated driver for their night out on the town. A deputy from the Roscommon County Sheriff’s Department pulled him over, noticed “a strong odor of intoxicants coming from the driver compartment of the vehicle” and subjected Lewand to field sobriety tests. Allegedly, Lewand quickly failed those – he lost his balance while trying to stand on one leg and failed the so-called “finger to the nose” test by touching his lip instead of his nose.

Despite the President’s claim that he had “not drank in a year-and-a-half;” subsequent to the incident, he promised that he was in “active recovery.” William Ford, the owner of the Lions, went on record as providing “full support” for his embattled President. If Lewand gets convicted, he can be subjected to significant penalties – not just according to Detroit state law but also according to the NFL, which must enforce its personal conduct policy.

If you get stopped for a Beverly Hills DUI, Pasadena DUI, or any other similar charge in Southern California, police will likely ask you to perform field sobriety tests similar to the ones that Lewand faced (and allegedly failed). Let’s quickly go over what these are.

Field Sobriety Tests (FSTs) challenge the driver’s mental and physical coordination. The horizontal gaze nystagmus test measures how fast the driver’s pupils respond to a stimulus. Slow reaction time could indicate DUI. Other tests of physical coordination include the aforementioned one leg stand and finger to the nose tests as well as the Rhomberg test, in which a suspect must lean his/her head backwards and count up to 30.

A driver suspected of being DUI in Beverly Hills may also be asked to recite the alphabet backwards and to do other tasks to demonstrate mental awareness and competency. Finally, a police officer might look for behavioral and other clues that you might be under the influence, including odor of alcohol on or around you, bleary bloodshot eyes, slowness in responding to questions, and erratic temperament.

Responding effectively and proactively to a charge of Los Angeles DUI can make a world of difference in terms of what punishments the court hands out to you. An inept or inadequate defense can leave you facing significant jail time, huge court costs and fines, intense probation, and a lengthy suspension of your California driver’s license. On the other hand, if you work together with an experienced Los Angeles DUI defense attorney, you might be able to fight back against the allegations or, at the very least, get your punishment substantially softened.

Continue reading "Detroit Lions’ President Busted for Driving Nearly Three Times the Southern California DUI Limit" »

49-year-old Vince Neil, the lead singer for 80’s hair band Mötley Crüe, was detained last Monday in Las Vegas, after cops pulled him over for driving under the influence in a Ferrari on Las Vegas strip. Southern California DUI experts have been quick to point out that the singer has had multiple encounters with the law over drug and alcohol charges. In 1984, the singer pled guilty in a DUI vehicular manslaughter case, in which he accidently killed Nicholas Dingley, the drummer of Hanoi Rocks. For that crime, he paid out $2.5 million in restitution costs and spent 20 days in jail. Neil was also arrested in 2007 for reckless driving in a Lamborghini in Vegas. During his latest offence, reports TMZ, he was held at Clark County Detention Center prior to being released after posting a $2,000 bail.

If, like Neil, you drive DUI and cause someone’s death directly or indirectly– whether you drive DUI in Burbank on the 101 or DUI in Long Beach on the 405 – you could face severe punishment under California’s vehicular manslaughter laws. Prosecutors will look to police reports and the reports of investigators to determine whether to file vehicular manslaughter charges. One of the most serious offences is “gross vehicular manslaughter while intoxicated” – this is a violation of the Judicial Council of California’s Penal Code section 191.5 (a). The conviction carries monumental penalties, including lots of jail time.

To prove that a person who was DUI in Burbank and killed someone violated Penal Code section 191.5 (a), prosecutors must prove four points:

1. The person drove under the influence of a drug, narcotic, or alcoholic beverage, or had a BAC level of 0.08% or greater.

2. While DUI or otherwise under the influence, the driver committed a driving infraction, misdemeanor or other act that could result in someone else’s death.

3. The driver committed that act, misdemeanor, or infraction with “gross negligence” – an extra degree of recklessness or carelessness.

4. Prosecutors must show that the grossly negligent behavior led – either directly or indirectly – to the actual death of another human being.

As you can see, charges of Southern California DUI can get quite complicated, and a defense can become quite convoluted, particularly if you cause injury to another person like Neil did in 1984.

To that end, to protect your rights, consider retaining experienced Los Angeles DUI defense counsel.

Continue reading "Southern California DUI Blogs Light Up as Mötley Crüe Singer Busted for DUI in Vegas" »

Corey Dillon, a former running back for the Cincinnati Bengals and the New England Patriots, pled not guilty to charges of driving under the influence in Southern California stemming from an April 21st arrest in Malibu on Mulholland Drive. According to reports, Dillon had been driving with a friend in a red Camaro, when officers noticed the car was driving slowly and awkwardly. They pulled Dillon over and arrested him for driving under the influence in Southern California (Calabasas, to be specific).

Just 10 days following his DUI arrest, Dillon got arrested again on separate charges of domestic violence. Prosecutors ultimately did not file charges against him for this arrest, and his wife subsequently recanted her allegations.

Dillon got arrested for two charges of Los Angeles DUI – but what does that exactly mean, legally speaking? What laws prohibit drivers from consuming alcohol/drugs and getting behind the wheel? The answer may have significant relevance to your case, if you or a loved one has been similarly arrested for DUI in Southern California.

The relevant laws include California Vehicle Code Sections 23152(a) and 23152(b). The first CVC section says that, if police officers stop you while you drive under the influence of either drugs or alcohol, you can be charged with a crime – either a misdemeanor or felony. If convicted, you can face a host of penalties, ranging from jail time to loss of your California driver’s license to serious fines and court costs. (You will also face secondary and tertiary consequences, including the onus of having a criminal record and potentially the loss of the right to vote, if you are convicted of a felony.)

23152(b) defines Southern California DUI as driving with a blood alcohol concentration (BAC) in excess of 0.08%. Violating 22152(b) will net you similar consequences.

If you hurt someone while driving under the influence, you could be charged under two different CVC sections – 23153(a) and 23153(b). An injury Southern California DUI can elevate what would ordinarily be a misdemeanor charge to a felony – a much more serious count.

So, if you or someone you care about has been charged with Southern California DUI (like Corey Dillon), what can you do to build an efficient defense? In almost all cases, you will want to quickly connect with a creditable and a battle-proven Los Angeles DUI attorney.

Continue reading "Ex-NFL Star Enters “Not Guilty” Plea to Southern California DUI" »

Last Tuesday, a judge extended celebutante Nicole Richie’s Los Angeles DUI probation until March 2011 to give her a chance to finish up her alcohol education courses. Richie – a former reality TV star (The Simple Life) and daughter of pop icon Lionel Richie – was pulled over for driving under the influence in Burbank in December 2006, after she piloted her black Mercedes the wrong way down the freeway. California Highway Patrol (CHP) officers pulled her over and gave her Field Sobriety Tests, which she failed. She later on pled guilty to a misdemeanor charge.

The 28-year-old failed to complete her Los Angeles DUI alcohol school according to schedule, and that’s why the judge ordered her probation extended. Theoretically, if Richie finishes her courses by March 2011, she will be dispatched of her legal obligations pursuant to this incident. She did not appear in court when the judge gave the order, because she was busy attending to her second child, who was born last September. (Richie is engaged to Joel Madden, the lead singer of the band Good Charlotte, and they have two children with each other.)

When the CHP pulled Richie over in 2006 for driving under the influence in Burbank, they gave her standard Field Sobriety Tests (FSTs). Clearly, they had a reason to suspect that something was amiss, since she had been driving the wrong way on the highway. But what kinds of tests did they do, exactly?

Sobriety tests aim to explore a driver’s mental and physical coordination. The first test usually given is the Horizontal Gaze Nystagmus Test, which measures pupil reaction time. Other physical tests include coordination tests, such as Walk the Line, One Leg Stand, Finger to the Nose and the Rhomberg Test. (This last test involves leaning your head back and counting to 30).

Officers may also test your mental coordination by asking you to do tasks like saying the alphabet backwards. They will also look for other signs that might indicate intoxication, such as bloodshot eyes, odor of alcohol, and awkward or inappropriate demeanor.

What can you do if, like Nichole Richie, you got pulled over for driving under the influence in Burbank (or anywhere else in Southern California)? Consider talking to an experienced Southern California DUI attorney immediately.

Michael Kraut of the Kraut Law Group in Los Angeles spent nearly a decade and a half as a prosecutor for the city – putting DUI offenders behind bars. He knows the judges, prosecutors, and other players involved, and he uses both his deep knowledge of the system and his personal connections to get results time and again for his clients.

Thomas Kinkade, a bestselling painter known for his gausy landscapes and overtly religious themes, was arrested for driving under the influence in Southern California on June 11 in Carmel. According to arrest reports, police pulled over the 52-year-old after they noticed that his 2006 Mercedes lacked a front license plate. An officer smelled alcohol on Kinkade’s breath and called in the CHP to conduct a field sobriety test. Kinkade allegedly failed these tests, and the police booked him into Monterey County jail.

Kinkade’s business dealings had already been under a cloud as result of ongoing bankruptcy proceedings. One of his two companies – Pacific Metro – filed bankruptcy less than two weeks before his Southern California DUI arrest. Kinkade is a self-made artist – he started selling his paintings in the parking lots of supermarkets. Today, he controls a not-unsubstantial artistic empire – or at least he did before his Morgan Hill Production company filed for Chapter 11.

When someone like Kinkade gets pulled over for driving under the influence in Pasadena, what kinds of Field Sobriety Tests (FSTs) will he or she be subjected to? Here is a brief guide:

1. Horizontal Gaze Nystagmus Test

This is an eye examination -- a test for pupil reaction response. A slow response could indicate a Pasadena DUI.

2. Walk the Line

A suspect is asked to take several paces across a line (often a road divider). This is a balance test. If the driver cannot stay on the line, DUI may be suspected.

3. One Leg Stand Test

Another balance test. Suspect has to balance on one foot for a duration. Obviously, stumbling or falling might indicate DUI.

4. Rhomberg Test

Yet another balance test. The suspect must tilt his or her head backwards and count for a duration. Again: stumbling, tipping, or a loss of balance might indicate DUI.

5. Finger-To-The-Nose Test

Suspect must stretch her arms and attempt to touch her fingers to her nose with her eyes closed. If she misses her nose, DUI can be suspected.

Officers can also request a suspect to recite the alphabet in reverse or pass other tests of mental coordination. Failures, incoherent responses, and non-cooperation may all be construed to indicate potential intoxication.

Have you or a loved one has been pulled over for driving under the influence in Pasadena or elsewhere in Southern California?

Continue reading " Painter Thomas Kinkade Stopped for Southern California DUI" »

Actor Chris Klein – best known for his roles in the American Pie series and the 1999 movie Election (with Reese Witherspoon) – got arrested for driving under the influence in Los Angeles last Wednesday, after police spotted him weaving in and out of lanes on the 101 in Sherman Oaks.

According to reports from outlets like TMZ.com, CHP officers pulled Klein over around 3:15 a.m. and gave him a Field Sobriety Test, which he failed. He was taken into police custody and later released on his own recognizance. The 31-year-old actor has been arrested for driving under the influence in Southern California before. In 2004, he got pulled over in San Diego County. He pled guilty to a misdemeanor DUI charge. The court penalized him with 150 hours of community service and a fine of $1,800. More recently, footage surfaced of Klein auditioning for the musical Mama Mia. On tape, the actor behaved in a bizarrely overeager fashion. Was he creating a spoof, or was he legitimately trying hard to win the audition? Who knows. But the tape certainly fired up the blogosphere. And this latest Los Angeles DUI arrest will likely only fuel the blaze.

If, like Klein, you get pulled over multiple times for driving under the influence in Southern California – whether for DUI in Burbank or DUI in Long Beach – you may face penalties above and beyond what a first time conviction will net you. Second time misdemeanor offenders will get additional jail time (at least 4 days as opposed to 48 hours in custody), a longer driver’s license suspension (two years instead of one year), longer forced DUI alcohol school (minimum of 18 months as opposed to six weeks), and increases in the intensity and restrictions of probation as well as court costs and fines.

Third and fourth time DUI in Burbank offenders will obviously get even stricter penalties tossed their way. Jail time, for instance, increases to a minimum of 120 days with a maximum of a full year. Your CA driver’s license will be suspended for three years minimum, and so forth. A fourth Southern California DUI within 10 years can be elevated to a felony – even if no complicating factors exist (such as injury or excessive negligence).

What should you do if you or a loved one finds yourself facing a charge similar to Klein’s?

Given the scary realities of a potential conviction, it makes sense to consult with a reputable and results-proven lawyer.

Continue reading "Actor Chris Klein Snagged for Los Angeles DUI" »

Hideki Irabu, former Major League pitcher for the Yankees, Expos and Rangers, got pulled over for driving under the influence in Los Angeles on May 17th on Redondo Beach Boulevard, according police reports. The 41-year-old Irabu had played for professional teams in Japan before coming to the United States to play in the Majors. Although Yankees fans generally liked Irabu, the pitcher famously publicly clashed with Yankee’s owner, George Steinbrenner.

According to police officers, Irabu was driving on Redondo Beach Boulevard, weaving in and out of lanes. Officers saw him nearly graze a parked car. They pulled him over, booked him around 2 AM, and released him on $5,000 bail the next morning at 10:30. Prosecutors may formally charge the former pitcher shortly.

Irabu is no stranger to scrapes with law enforcement. In August 2008, while visiting Osaka, Japan, he allegedly assaulted a bar manager over a bar tab after downing nearly two dozen glasses of beer.

If, like Irabu, you (or someone you love) face a similar charge of driving under the influence in Long Beach or elsewhere in Los Angeles, you could be facing consequences spelled out by California Vehicle Code Section 23152(a) or 23152(b).

23152(a) says that if the police stop you while you are driving a car while DUI (on drugs or alcohol), then you can be charged with a criminal act. A conviction could result in a criminal record, driver’s license suspension, jail time, significant fines, and all sorts of frustrating secondary consequences. For instance, your insurance rates may go through the roof, you may lose your job, and you may face stigma for your criminal record for years to come.

23152(b) makes it a crime to drive with a blood alcohol concentration of greater than 0.08%, and the same consequences stipulated in 23152(a) will await you.

So how can you effectively navigate charges of Long Beach DUI?

You could theoretically represent yourself or leave your case in the hands of a public defender. But consider how much is on the line for you. Jail is no joke, and while the short-term penalties can be excruciating and embarrassing, the long-term consequences can be practically unbearable. Thus, it almost always behooves defendants to connect with a reputable and experienced Los Angeles DUI attorney, who knows the laws as well as the people involved.

Continue reading "Former Yankee Busted for Los Angeles DUI" »

As this blog reported several months ago, reality TV star Jason Wahler (of The Hills and Laguna Beach fame) got pulled over for Southern California DUI in March and wound up pleading guilty. Despite earning penalties like 48 hours in jail, three months forced alcohol school, and three years probation, the recalcitrant reality star was arrested yet again last Sunday on charges of misdemeanor battery, after he allegedly hit a girl at a Hollywood party. E! News broke the story last Monday, citing sources who said that Wahler was arrested around 1:45 in the morning and held on a $20,000 bail pending an arraignment.

This marked the 23rd year old’s seventh arrest in the last several years and third arrest in 2010. (In addition to his Newport Beach DUI in March, he also got busted in Mexico for participating in a bar fight). Prior to the Hollywood brouhaha, Wahler had allegedly been in talks to appear on Celebrity Rehab with Dr. Drew (on VH1). It is unclear whether he will now be invited on the show.

What happens when someone like Wahler gets charged with multiple counts of driving under the influence in Beverly Hills (or elsewhere in California)? Well… first we must note that Wahler was only busted once in 2010. If a defendant gets convicted multiple times for Southern California DUI, charges obviously increase.

For a first-time misdemeanor offense, the court might impose penalties like 48 hours of jail time, a fine of $1,000 along with court costs, a one-year suspension of a California driver’s license, and compulsory DUI alcohol school.

A second time misdemeanor offender may see a minimum of four days in jail (perhaps more), a two-year license suspension, a serious increase in court costs and fines, and additional compulsory alcohol school along with tougher probation terms.

If you are busted for driving under the influence in Hollywood a third time within 10 years, your jail time jumps up to 120 days minimum, and all other punishments increase – including driver’s license suspension (three years), alcohol school, probation, etc.

A fourth time DUI within 10 years – even one that would ordinarily be considered a misdemeanor – may be elevated to a felony and can merit a minimum of 180 days in jail along with other severe punishments.

How can you or a loved one battle back against spurious charges of driving under the influence in Hollywood or elsewhere in Southern California?

Whether you believe that a breathalyzer test erroneously showed you to be DUI, or whether you admit to driving DUI but seek to minimize your punishments and maximize your chance for rehab, you likely need a professional Southern California DUI defense attorney to guide you.

Continue reading "Jason Wahler Socked with Seventh Arrest – New Charges against Celeb Who Was Arrested for Southern California DUI in March" »

Blogs and tabloids devoted to the topic of celebrity Southern California DUI arrests lit up last week after Sonja Morgan -- one of the newest members of the “Real Housewives of New York City” cast -- was busted for DWI in South Hampton Village, New York. According to the New York Post, the 46-year-old actress hurtled through a stop sign near First Neck Lane just after 2 in the morning. Allegedly, she had been partying with friends on East End over the holiday weekend. Morgan recently divorced John Adams Morgan, the great grandson of financial tycoon J.P. Morgan. Allegedly, she refused to take a breathalyzer at the scene. No court date has been set yet for her DUI charge. It’s also unclear whether or not her arrest will impact her appearance on Bravo’s hit reality TV series.

When you read about arrests like Morgan’s – whether they are celebrity run-ins with police or more “pedestrian” arrests for, say, DUI in Glendale -- the focus is often on breathalyzer tests. But what are breathalyzers? Do they really work? And if you have been pulled over for driving under the influence in Pasadena, can you challenge the results of these tests?

Breathalyzers are chemical tests for DUI. Essentially, a breathalyzer is a portable chemical analysis machine. You blow into it. The machine analyzes the chemical composition of your breath. From there, a police officer is supposed to be able to extrapolate your level of blood alcohol concentration.

The machine is a great idea in theory. The problem is that, in practice, many things can skew the results.

For instance, if you are diabetic, you might have chemicals in your breath that might read as alcohol and thus yield a false positive. Also, men and women process alcohol at different rates and this can skew the results. Even the depth of the breath you breathe out can radically swing the results. If you breathe out shallowly, you will have a lower BAC rating (in general) than if you breathe a deep breath out. (Note: This may explain why many police officers encourage Los Angeles DUI breathalyzer suspects to breathe deeply into the breathalyzer).

An experienced Southern California DUI attorney can help you challenge breathalyzer results on a number of grounds – from challenging the care and handling of the machine itself to attacking the administration and testing to calling into question other details of the arrest or police work.

To build a solid case, however, you need an attorney who has been around the block with Southern California DUI defenses.

Continue reading "Celebrity Los Angeles DUI Bloggers Agog Over Real Housewife DWI Arrest" »

An unfortunate number of Southern California DUI cases involve athletes, politicians, actors, and other celebrities. But the Southland isn’t the only place where tragic accidents happen. Indeed, Southern Florida has also played host to a cascade of DUI tragedies involving celebrities (from hip-hop moguls to athletes). On May 24th, a settlement was announced in one of the most heart-rending recent DUI cases – Jim Leyritz, a former major leaguer who played for the Yankees and five other teams, settled for $350,000 pertaining to a DUI related car crash that left a Florida women, Fredia Veitch, dead.

The December 2007 crash occurred in Fort Lauderdale at 3 in the morning. Veitch had been a passenger in Leyritz’s car. Both were under the influence, and neither had been wearing a safety belt. According to the terms of the settlement, Leyritz’s insurance company will pay out $0.25 million to Veitch’s family at a rate of $1,000 a month for 100 months. Later this year, Leyritz is scheduled to face DUI manslaughter charges. Although he earned upwards of $10 million from playing in the major leagues, according to the plaintiff’s attorneys, he no longer has significant assets aside from his MLB pension.

A charge of Southern California DUI manslaughter can lead to extended jail time as well as a host of other penalties. But did you know that Southern California DUI law distinguishes between DUI manslaughter due to ordinary negligence and DUI manslaughter due to gross negligence? This distinction is important, particularly when it comes to sentencing.

If prosecutors can prove that you violated Penal Code Section 191.5(a) (gross vehicular manslaughter while intoxicated), you can wind up with a much longer sentence. So the debate over whether you exhibited “gross negligence” or not becomes key. A Long Beach DUI attorney can help you challenge charges by digging into toxicology reports, taking statements from witnesses and vetting them, analyzing police reports, and otherwise searching for evidence or arguments that can exonerate you or at least reduce the severity of the charges.

Of course, any charge of Southern California DUI manslaughter – whether it involves a baseball player or a non-celebrity – requires delicate and sympathetic handling. A seasoned attorney can provide a powerful defense.

Continue reading "Southern California DUI Blogs Report on Wrongful Death Settlement in Case Involving Major League Ball Player" »

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!" »

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!" »