Los Angeles DUI Attorney Blog

The annals of Southern California DUI news (and news about DUI from around the country) are filled with some seriously bizarre stories. This blog has attempted to highlight many of these. In particular, a disturbing (if accidentally humorous) trend that appears to be emerging is lawnmower DUIs. The latest lawnmower DUI arrest to hit the radar comes from Central Florida.

On the night of August 13, a man named Richard Paschen – who had three previous DUIs on his record and a suspended driver’s license – was caught by a Marion County Sheriff piloting his red lawnmower while under the influence of alcohol. The deputy who pulled him over, Gary Miller, told the press that Paschen admitted that he had had “a pretty good bit” to drink, and Paschen also had a cup full of beer with him in the lawnmower’s cup-holder. Paschen refused to take a breathalyzer test, and the officer arrested him and held him in Marion County jail under a bond of $30,500. Paschen’s defense: He claimed that he had gotten lost driving home.

It’s important to remember that you can get a Southern California DUI charge (and conviction) if you drive vehicles other than cars, trucks, and motorcycles. If you boat under the influence, that’s a crime, for instance. And this makes sense. When you pilot a complex and potentially dangerous piece of machinery, if you get distracted, uncoordinated, and uninhibited, you could cause serious damage to yourself and other people.

All that said, many people out there are confused about exactly what constitutes driving under the influence in Burbank (or elsewhere in the Southland), legally speaking. And this lack of knowledge about the law can be dangerous.

So let’s spell out once again what would be considered DUI in Burbank, according to California Vehicle Code Sections 23152(a) and 23152(b).

According to 23152(a), if the police catch you driving a motor vehicle (including a boat) while under the influence of illegal drugs or alcohol, you will be stopped and arrested and charged with a significant crime. Convicts will face myriad penalties, including California license suspension, fines and court costs, points on your license, jail time, and all sorts of secondary consequences coming off of that, such as higher insurance rates (which can add up to thousands of dollars over the long term), and problems getting hired and leasing an apartment or car.

So what should you do if you or someone you love has been pulled over and charged with a Burbank DUI? Rather than panic or procrastinate, connect quickly with a Los Angeles DUI lawyer who has the skills, knowledge, and wherewithal to help you develop a defense.

Continue reading "Los Angeles DUI Online Community Muses about Another Lawnmower DUI Arrest" »

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" »

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" »

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.

According to California Highway Patrol reports, police made 231 Los Angeles DUI arrests over Memorial Day weekend (6 p.m. Friday the 28th through Monday the 31st). Unfortunately, although DUIs for the region were down from last year – dropping by over 100 (1,296 for 2010 versus 1,406 from 2009), 10 people died in traffic related accidents over the holiday. For the state, numbers of traffic related deaths increased as well – from 12 deaths in 2009 to 31 deaths this year.

The San Diego Union-Tribune reported last Wednesday that 318 motorists got arrested for driving under the influence in Southern California over the holiday, although no DUI related fatalities were reported. The National Highway Traffic Safety Administration supports these anti-Southern California DUI operations through the California Office of Traffic Safety. The Union Tribune reports that similar DUI patrols and sobriety checkpoints will be set up for other summer holidays, such as 4th of July and Labor Day, across the state.

Area residents arrested over the holiday weekend must be wondering what steps to take next.

Here is a brief primer on some laws applicable to Southern California DUI cases.

California Vehicle Code Section 23152(a) says that if you are stopped for driving under the influence in Hollywood, a police officer can arrest you and take you to jail. If convicted, you could lose your California license, be forced to pay fines and court costs (substantial), and be compelled to serve other punishments, such as jail time, probation, and forced alcohol school.

Another closely related section, California Vehicle Code Section 23152(b), stipulates that if you drive with a blood alcohol concentration of greater than 0.08%, you are automatically above the limit for Beverly Hills DUI, and you could face the same consequences outlined in 23152(a).

Closely related sections of the vehicle code govern consequences for drivers who injure people while driving DUI. CVC Section 23153(a) elevates a misdemeanor Los Angeles DUI charge to a felony if a DUI driver injured someone else. CVC Section 23153(b) likewise elevates a misdemeanor to a felony if you are above 0.08% BAC and you hurt someone else while driving.

So how can you or a loved one defend against these charges?

While you are legally entitled to represent yourself, it generally makes sense to retain an experienced lawyer – not just someone who has done a lot of criminal defense work but someone who has worked specifically on Los Angeles DUI cases.

Continue reading "Los Angeles DUI Arrests Down for Memorial Day Weekend 2010" »

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" »

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

Assailant caught after all-night chase

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

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

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

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

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

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

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

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

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

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!" »

Los Angeles DUI arrests involving celebrities and sports figures are common news. Just take a quick scan through this blog, and you will come away flabbergasted at how many of our public figures have gotten in trouble for driving under the influence in Southern California.

Today’s entry concerns a DUI out of Atlanta, however, involving Miami Dolphins runningback Ronnie Brown. Last Friday night, Brown was pulled over for an improper lane change (he allegedly didn’t signal), and the officer gave him a field sobriety test. He did not perform well on this test, so the officer took him into custody and booked him for DUI in Atlanta. After his release Saturday morning, Brown quickly hired an attorney. The Miami Dolphins as well as Brown’s agent have kept relatively quiet about the incident, although his allies have pointed out that he has never been in any kind of legal trouble before. The 28-year old Pro Bowl runningback was a second pick in the 2005 NFL draft, and he is scheduled to continue to attend the Dolphin’s voluntary training camp.

What happens when someone is pulled over for the first time for DUI in Pasadena, Glendale – or anywhere else in Southern California, for that matter?

If you are convicted of a misdemeanor, your life could instantly change. First of all, your California drivers’ license could be suspended for an entire year, and you may not get a restricted license to drive for work or school.

Second, you may be required to install what’s known as an Interlock Ignition Device (IID) in your vehicle. This is a breathalyzer-like instrument that you must blow into before you can start your car. It takes a reading of your blood alcohol concentration based on your breath, and if you even have the slightest hint of alcohol, your engine won’t start.

Third of all, you will have to pay court costs and fines up to $1,000.

Fourth, you could face limits on your release, including probation, mandatory alcohol school, and other stipulations.

Fifth, you will have to do time in jail – a minimum of 48 hours.

Of course, if you are driving under the influence in Glendale and injure somebody, you could be convicted for a felony, and the punishments could be significantly harsher.

What can you do to respond effectively and efficiently to charges of driving under the influence in Southern California?

Your best bet is almost always to consult with a reputable, vetted, highly credentialed attorney.

Continue reading "Another Sports Arrest – Nope, Not a Los Angeles DUI This Time – This Took Place in Atlanta – But Southern California Sports Watchers Have Nonetheless Been Riveted by it" »

Last Monday, Green Bay Packers tight end Spencer Havner was arrested for driving under the influence in Southern California, after he crashed his motorcycle in his hometown of Grass Valley, California. According to a report issued by the California Highway Patrol, the hometown hero had been zipping around on a cul-de-sac on his motorcycle (without wearing a helmet) when he flew off a shoulder and got into an injury accident.

A spokesperson for the police said Havner was taken to Sierra Nevada Memorial Hospital for examination. Havner suffered cuts, lacerations, and a fracture to his shoulder blade. At the hospital, he was tested and found to have a BAC level above the California limit of 0.08%. He was arrested and moved to Sutter Roseville Memorial Center.

The 27-year-old tight end had been a standout for the Packers this past season -- in one of the Packers’ final playoff games, he caught a touchdown pass that tied the game.

Havner is fortunate, in that his DUI accident did not lead to any injuries to other people. According to California Vehicle Code Sections 23153(a) and 23153(b), if you hit someone while driving under the influence in Long Beach (or elsewhere in Southern California), your simple misdemeanor charge could be elevated to a felony count. This is a much more serious charge. It could result in longer jail time, harsher probation, steeper fines, and the loss of the right to vote.

Of course, the law is nuanced. If you hit someone while DUI in Long Beach (or elsewhere), but you can show that you had not been doing anything illegal, driving-wise, you may NOT be charged with a felony and may be able to get off with a simple misdemeanor. For instance, let’s say a pedestrian darted in front of your motorcycle, and you hit him. Although you may have technically been driving under the influence in Southern California when you hit him, since the pedestrian was at fault for the accident, you likely would NOT be charged under California Vehicle Code Section 23153(a) or 23153(b).

Any charge of Long Beach DUI is a serious one.

If you or a family member has been arrested for Southern California DUI, it may behoove you to connect with an experienced defense attorney to learn more about your rights and obligations under the law.

Continue reading "Packers Tight End Busted for Southern California DUI" »

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" »

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" »

Driving under the influence in Long Beach (or anywhere else in Southern California) is a serious criminal act -- one that can lead to horrific tragedies. Sadly, a 48-year-old man, Eddie Lumpkin, stands implicated in a recent and frighteningly brutal DUI homicide -- this case out of Chicago.

On Tuesday, Lumpkin -- who had been decorated with over three dozen traffic offenses over the past 20 years, according to the Chicago Sun-Times – plowed his van into six-year-old Jada Washington, killing her. Washington’s aunt, Tiuette Richardson, was severely hurt as well.

Despite all his traffic offenses (his latest occurred just weeks ago on January 31st, when he blew through a stop sign), amazingly, Lumpkin still had an Illinois drivers’ license. According to the Chicago Tribune, “The court records provide little information about why the tickets were dropped, but it could have been a lack of evidence, the failure of police officers to show up in court or any number of other things.”

Lumpkin has been charged with two counts of aggravated DUI as well as reckless homicide.

The laws concerning DUI murder in Southern California differ somewhat from the applicable Illinois laws. If Lumpkin had a hit and killed a six-year-old while driving under the influence in Long Beach, for instance, he could be charged with Gross Vehicular Manslaughter while Intoxicated (CA Penal Code Section 191.5(a)).

To win a case like this, prosecutors would have to show four things:

1. Lumpkin was under the influence of alcohol or drugs and drove with a BAC of 0.08% or higher.

2. While driving DUI in Long Beach (or anywhere else in Southern California), Lumpkin committed a misdemeanor, traffic offense or other act that could lead to death.

3. Lumpkin performed this misdemeanor, infraction or act with what’s known as “gross negligence” -- a standard of carelessness that’s beyond ordinary inattention or bad judgment.

4. The gross negligence led to the death of the six-year-old girl.

Cases of Gross Vehicular Manslaughter while DUI in Southern California can become incredibly complicated and can stretch out over months, if not years.

The consequences of a less than exact defense could lead to extreme punishments. So, if you or a loved one stands accused of a DUI in Long Beach -- whether you are contending with a simple misdemeanor or a complex charge like vehicular manslaughter -- you likely need competent and experienced legal counsel.

Continue reading "Serial Traffic Offender Kills Girl in DUI Crash: Parallels Other Cases of Southern California DUI Homicide" »

On January 23rd, two individuals both driving under the influence of alcohol in Burbank collided into one another, causing minor injuries and damage. According to investigating officer, James Laforce, here is what happened:

A car traveling eastbound on Sherman Way attempted a U-turn, when an oncoming truck plowed into it, knocking the car onto a nearby curb. The truck, meanwhile, slammed into a Ford Mustang parked nearby. The truck driver -- along with his passenger -- fled the scene, but both men were apprehended and arrested shortly thereafter for trying to break into someone’s residence.

The truck driver got tagged for a felony hit and run charge; he is currently being investigated for a misdemeanor DUI charge. Meanwhile, the 20-something-year-old woman who had been driving the car got taken to hospital for minor injuries. Reports suggest that neither her, nor her passengers, suffered any life-threatening injuries. Nevertheless, the woman was hit with a felony Los Angeles DUI charge.

Laforce had this to say about the accident: “it was ugly… they are lucky they are alive.”

In this Burbank DUI instance, fortunately no one got seriously injured or killed. But what happens if someone dies in a Southern California DUI crash? What kinds of charges might a driver face?

The answer, obviously, depends on the circumstances of the accident. California Penal Code Section 191.5(a) describes the charge of gross vehicular manslaughter while intoxicated. To prove this kind of charge, prosecutors must show four key things:
1) The person drove a motor vehicle with a BAC of 0.08% or higher; or otherwise clearly drove under the influence of a drug;
2) The person committed a driving infraction or unlawful act -- such as a misdemeanor -- that could potentially cause someone to die;
3) The driver not only committed this unlawful act or infraction, but he or she did so with gross negligence;
4) This gross negligence led to someone’s death.

DUI murder charges (a.k.a. Watson murders) carry even stiffer penalties and harsher jail sentences than do charges of gross vehicular manslaughter while intoxicated.

Whether you’re facing a (relatively) minor misdemeanor Burbank DUI charge, or you’ve been arrested for gross vehicular manslaughter while under the influence, you are entitled to a sound and competent defense. Given how much is at stake, it makes sense to invest in high quality legal representation.

Continue reading "Double Trouble: Twin felony Los Angeles DUI charges handed out after two DUI drivers crash into each other" »

On Friday, Southern California DUI blogs buzzed with the news that homegrown sports hero, Ray Maualuga, had been arrested for DUI in Covington Kentucky. The 23-year-old Maualuga -- who was drafted by the Bengals in 2009 out of the University of Southern California -- reportedly had been driving with a BAC of .157 when his 2003 Pontiac spun out of control and smashed into a parking meter and two cars. No one was injured. But Maualuga did cause minor but significant property damage. The Bengal's linebacker tested at nearly twice the Kentucky (and California) legal limit of 0.08%. He is scheduled to return next month to Kenton County District Court for a hearing on the matter. In addition to the gamut of potential court imposed penalties, Maualuga faces the possibility of being disciplined by the NFL for violating the league's personal conduct policy.

This morning, Maualuga Tweeted to his Twitter followers about his remorse over what happened. He vowed to "do everything in my power to gain ur trust back! I will definitely learn from this!"

Whether you're pulled over for DUI in Covington, Kentucky or DUI in Pasadena, California, the consequences of conviction can be life changing. Here in Southern California, the basic relevant laws are encapsulated in two sections of the California Vehicle Code: sections 23152 (a) and (b). The first section stipulates that a driver pulled over by the police while under the influence of alcohol or drugs can be placed under arrest and charged with a misdemeanor or felony. If the Court convicts, he or she will face punishments like jail time, license suspension, points on the license, and fines and court costs. As of January 1, 2010, even a first-time Pasadena DUI offender will be required to install something called an interlock ignition device (IID) in his or her vehicle. This mechanism prevents a driver from starting the engine unless he or she blows into a Breathalyzer like device first.

Section 23152 (b) stipulates that a driver who operates a vehicle with a blood-alcohol concentration of greater than 0.08% can be arrested for DUI. Officers use a number of tests to determine this BAC number -- including urine analysis, breathalyzers, and blood tests. Each of these common methods has pluses and minuses.

If you're arrested for a Pasadena DUI, it can help to discuss your matter with a qualified and proven lawyer. After all, perhaps your BAC test was biased, inaccurate, or improperly interpreted. The only way to build a superior defense is to analyze all relevant facts in context. Most Pasadena DUI attorneys spend their entire careers only arguing for defendants. As a result, they may be blinded to certain solutions.

Continue reading "Southern California DUI Community Notes Bengals Linebacker's DUI Troubles" »

According to California Highway Patrol (CHP) statistics, 108 people were arrested for DUI in Los Angeles County over New Year's Eve (from 6:01 PM on 12/31/09 through 6 AM on 01/01/2010). In 2009 -- one year ago -- only 430 people were arrested. These trends were statewide. In 2009, 430 people were arrested in all of California for driving over the influence on New Year's Eve; in 2010, 527 people were busted.

But although state arrest numbers went up by 97, crash fatality numbers went way down. In 2009, 11 people died on California's freeways on New Year's Eve; in 2010, only six died.

The New Year's Eve arrests followed on the heels of a statewide campaign to crack down on driving under the influence in Southern California and Northern California. As of December 28, 2009, over 1,400 people had been snagged in L.A. County alone for DUI violations. And over the Christmas holiday weekend, the CHP arrested over 200 people in LA for driving under the influence.

CHP officials have trumpeted these numbers as evidence that their statewide crackdown saved lives and kept California roads safer.

When CHP agents arrest people for driving under the influence in Long Beach, what precisely does that mean, legally speaking? California Vehicle Code Sections 23152 (a) and 23152 (b) spell out precisely what constitutes a DUI in Southern California. Section 23152 (a) stipulates that a driver operating a car, truck or other motor vehicle on state roads while under the influence of alcohol or drugs can be subject to arrest; if convicted, he or she will face an array of unpleasant punishments, which can include driver's license suspension, jail time, court costs and fines, points on a driver's license, and now -- as of 01/01/2010 -- a mandatory installation of an interlock ignition device (IID) even for first time Long Beach or Glendale DUI offenders.

Section 23152 (b) stipulates that it is illegal to operate a motor vehicle if your blood alcohol concentration is above 0.08%.

Crafting a methodical and proper legal defense to charges of driving under the influence in Long Beach (or elsewhere in Southern California) can prove immensely challenging, even if the facts are on your side.

Continue reading "New Year's Eve Arrests for DUI in Los Angeles Way Up over 2009 Numbers" »

#1. To avoid accidentally driving under the influence in Southern California, plan ahead.

Holidays can be times of frivolity and spontaneity, but they can also be peculiarly dangerous. One of the most time-tested driving tips is also the Boy Scout motto: be prepared.

Very few people who get arrested for driving over the legal limit in California (0.08% BAC) start out their nights hoping to spend hours locked behind bars fretting about their futures. To be safe, you must understand your habits and proclivities and plan accordingly. For instance, if you are charged with a DUI in Pasadena and your in-laws enjoy carousing at a local tavern, line up a designated driver before the fun starts. If you wait until the middle of the evening to develop a back up plan, your judgment may by then be skewed and you may make dumb decisions that could lead you down a dangerous path.

#2. Avoid crazy drivers on the road.

Again, this is common sense. But it's common sense uncommonly practiced. On holidays like New Year's Eve, the Southern California freeways can become exceptionally dangerous. For example, anyone who finds themselves to being charged with a DUI in Glendale, runs the risk of being jailed. Because of the dangers of DUIs on the street, it is vital to avoid driving late at night, if possible, particularly between the hours of midnight to 3 AM and especially on weekends.

#3. Don't drive while talking on a cell phone or texting. Often times, this is used as probable cause to detain some one during an investigation. For example, if a person is texting and also DUI in Beverly Hills, then an officer may stop the person to question them based upon the texting alone. Then, the officer may learn more facts to believe that the person is driving under the influence of alcohol or drugs.

Recent research out of places like Virginia Tech, the National Highway Traffic Safety Administration, and the Insurance Institute for Highway Safety suggest that driving while talking on a cell phone or texting can be a lethal mistake, even if you're using a hands-free headset. The reason is that your mind is still distracted by the call -- it's not just a matter of holding something against your ear or not -- it's a matter of what your brain is paying attention to. Multiple independent surveys bear out this hypothesis. It doesn't matter whether you're driving with or without a headset -- you'll be dangerously distracted either way.

#4. Keep your car tuned up and your eye on the weather.

Although Southern California is not known for its frequent snowstorms, the month of December often sees quite unusual weather. Witness the burst of rain that soaked Southland freeways and byways today. Rain loosens up dirt and oil. The slickness of this slurry of water, oil, dirt, and debris can turn freeways into deathtraps.

#5. Review the laws regarding Southern California DUI.

Studying Los Angeles DUI laws may sound like a less than ideal way to spend your holiday. But studies show that attending to potential dangers can actually be protective. A recent federal study showed that individuals who installed monitors to measure how much electricity their homes used subsequently cut back spontaneously on energy use by about 15% or 20%. The same kind of feedback response effect is the basis for biofeedback, meditation, and the relaxation system known as the Alexander Technique. The idea is that -- by bringing your attention to the fact that California Vehicle Code Section 23152 (a) and 23152 (b) stipulate that drivers who operate motor vehicles with a blood-alcohol concentration of 0.08% or higher can be arrested and charged with a misdemeanor and can receive incredibly steep fines, a one-year California driver's license suspension, court costs, mandatory alcohol school, probation, and even jail time -- you may subconsciously adopt more judicious behavior when you get behind the wheel.

If, however, you or a loved one has been arrested for driving under the influence in Southern California over the 2009 holiday season...

Continue reading "5 Ways to Avoid Having a Los Angeles DUI (or Other Driving-Related Problem) Disrupt Your 2009 Holiday Season" »

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" »

On Saturday, November 14, Shayne Lamas, the 24-year-old reality star who won the Season 12 of "The Bachelor: London Calling" was arrested for driving under the influence in Los Angeles after she failed a breathalyzer test.

According to reports from outlets like E! Online, the ingénue/celebutante drove through a DUI checkpoint, completely confident of passing. Unfortunately for her, she blew a reading well above California's legal limit of 0.08%. In a statement to the press afterwards, Lamas apologized for her lack of judgment and said that she would never "condone drinking and driving." Her court date has been scheduled for December 9.

Had Lamas been able to discuss her checkpoint stop with an experienced Los Angeles DUI lawyer, she might have been able to handle the situation more effectively. Fortunately for her, from the facts sketched out in the E! Online story, Lamas may have numerous legal options at her disposal.

In particular, the breathalyzer test that she failed could have been compromised or inaccurate. Only a thorough investigation into her Southern California DUI arrest could resolve the issue. However, problems with these kinds of tests abound. Consider:

1) Breathalyzer tests don't distinguish between women and men.

2) They also can't distinguish between ethanol and other compounds that chemically mimic ethanol.

3) Breathalyzers often yield false positives, particularly when they're badly calibrated; misread; handled improperly; or awkwardly administered.

4) Different BAC readings can show up depending on how hard you blow into a breathalyzer. A shallow breath tends to yield a lower BAC reading than does a deeper breath.

5) Officer bias and error can also throw off a breathalyzer result.

If you or a loved one has been charged with driving under the influence in Los Angeles or elsewhere in Southern California, Attorney Michael Kraut can provide a free consultation to help you assess your rights and options. Attorney Kraut spent years working for the city of Los Angeles as a respected and feared prosecutor. He now draws upon his deep understanding of the psychology of prosecutors to deliver results time and again for his DUI clients. Attorney Kraut is also extremely well credentialed -- he is, among other things, a Harvard Law School graduate -- and he has won a reputation for fearless and relentless advocacy for his clients.

Continue reading "Winner of "The Bachelor: London Calling" Arrested for Los Angeles DUI" »