Los Angeles DUI Attorney Blog

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" »

You might think that Southern California DUI experts have seen at all – from celebrity arrests (e.g. Nick Nolte, Lindsay Lohan, Mel Gibson) to other bizarre stories we have covered here on this blog. But a breaking story out of Louisiana actually may take the cake for most jaw-dropping case of the year.

The Sun Herald reports that Jimmy Graves Jr. was sentenced last Wednesday to 5 years in jail pursuant to his 17th DUI arrest. The 40-year-old Gonzales got pulled over last May 11th with a BAC of 0.16% – exactly twice the legal limit of a Long Beach DUI. Initially, prosecutors charged Graves with a misdemeanor second DUI offense. But upon further consideration, prosecutors found that Graves had been pulled over for DUI 16 prior times (including both convictions and arrests) and sought to punish him more. The jury sided with the prosecutors and sentenced Graves to a day-for-day five-year prison sentence -- without consideration for early release -- due to his habitual offender status. Graves’ Long Beach DUI arrest (Long Beach, Louisiana that is) occurred at 12:30 A.M. while he was driving his wife to the beach for his birthday. He maintained up until the end that he was not guilty of the charge and that the breathalyzer Intoxilyzer 8000 had malfunctioned.

Now, in the case of a guy who had 16 prior DUI arrests, one might be very dubious of this defense. After all, fool me once, shame on you… fool me 16 times, shame on me.

However – although this blog obviously can’t say anything about this particular case – breathalyzer machines are far more fallible than most people (including most police officers and Los Angeles DUI defendants) realize. Breathalyzers fail to distinguish between men and women, who process alcohol at different rates. Breathalyzers have a hard time telling the difference between ethanol and other chemicals on the breath – particularly chemicals found in the breath of diabetics. The amount of food, the depth of the breath blown, the calibration of the machine, officer bias, and literally dozens of other factors can prejudice results, yielding false positives.

A savvy Long Beach DUI attorney can challenge your breathalyzer-related arrest. The key is retaining a Los Angeles DUI lawyer who has the knowhow, knowledge, and track record to get the job done.

Continue reading "Even Los Angeles DUI Veterans Stunned by Man’s 17th DUI Arrest" »

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" »

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.

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

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

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

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

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

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

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

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

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

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

Assailant caught after all-night chase

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The back-story

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

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

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

Two statutes govern Long Beach DUI charges.

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

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

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

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

St. Patrick’s Day, March 17th, is a notorious day for Southern California DUI arrests. 2010 was not that different. Consider statistics out of a single checkpoint in Bakersfield, California.

On March 17th, according to the Bakersfield Police Department Traffic Enforcement Detail, a checkpoint that ran from 5 pm to 7 pm on Golden State Avenue screened over 500 vehicles and netted a significant number of Southern California DUI arrests.

The official stats: 55 cars and trucks impounded, 41 unlicensed drivers cited, 8 drivers cited for violations of the California Vehicle Code, 12 drivers cited for driving on a suspended California license, 11 drivers required to perform a field sobriety test.

St. Patrick’s Day can be a dangerous day to drive because of all the alcohol-related frivolity. Bars, for instance, sponsor special deals and host parties. Alcohol manufacturers, such as Guinness and Jameson, also host parties and sponsor contests and the like.

St. Patrick’s Day is not the only dangerous day for Pasadena DUI events. Other holidays, such as the 4th of July, New Year’s Eve, Superbowl Sunday, Memorial Day Weekend, and Veteran’s Day witness more than their fair share of DUI incidents. The time of day you drive can also matter. If you want to avoid people who are driving under the influence in Pasadena, for instance, then steer clear of the roads late Friday night and early Saturday morning.

When police officers pull people over for suspicion of driving under the influence in Los Angeles, and they administer field sobriety tests, what exactly do they do?

Protocol differs from department to department. But several tests are “standard.” These include:

• Horizontal gaze nystagmus test -- this is a vision test. An officer has the suspect follow an object with his or her eyes. If the pupils do not respond correctly, DUI may be suspected.
• Walk the line test -- a suspect is asked to walk several paces in two directions. If he or she demonstrates a lack of balance or coordination, DUI may be suspected.
• Finger to the nose test -- suspect is asked to stretch out his or her arms and touch a finger to his or her nose with eyes closed. If the person “misses,” DUI may be suspected.
• Suspect leans his or her head back and counts to 30. If he or she loses balance, DUI may be suspected.

Officers also look at other factors, such as the suspect’s demeanor, coordination, logic (or lack thereof) of thought process, odor of alcohol, and any admission of guilt (such as statements like “I drank a lot of Guinness tonight.”)

What should you do if you’ve been tagged for driving under the influence in Pasadena (or elsewhere in Southern California)?

Given the consequences of getting convicted for DUI (which can include jail time, huge court costs, drivers license suspension, mandatory IID installation, etc.), it makes a lot of sense to get excellent legal representation.

Continue reading "Lots of Southern California DUI Arrests on St. Paddy’s Day" »

Sports commentators and celebrity Los Angeles DUI bloggers alike have been buzzing about the arrest of Dorell Wright, who was pulled over for driving under the influence in South Beach, Florida, last Thursday.

According to the Miami Herald, the 24-year-old Wright -- who had been playing his best season since he had knee surgery in 2008 and who had just lifted the Heat to a 108-97 win over the L.A. Clippers – was pulled over at around 3.30 in the morning for driving erratically in his 2005 Bentley. The officers who stopped him noticed that he had red and watery eyes, odor of alcohol on his breath and slurred speech. In addition to the South Beach DUI charge, Wright was charged with speeding and driving without proof of insurance.

Wright is not the only member of the Heat team to have a hot run-in with police recently. On February 26, teammate Carlos Arroyo was pulled over for impeding the flow of traffic. Arroyo got into a kerfuffle with officers that resulted in a misdemeanor charge.

Why did the officer suspect Wright of driving DUI?

The signs of driving DUI are surprisingly universal -- whether you are pulled over for DUI in Beverly Hills or DUI in South Florida.

Symptoms of Los Angeles DUI include the following:

• Bloodshot/watery eyes
• Breath that smells like alcohol
• Erratic behavior (in person and on the road)
• Incoherent story telling/logic
• Loss of balance
• Stumbling/staggering
• Slurred speech
• Belligerence towards officers
• Inability to track a moving light source (failing the “horizontal gaze nystagmus test”)
• Opened containers of alcohol in the car
• Admission to having “had a few drinks”

Whether you are pulled over for driving under the influence in Hollywood in a brand new Bentley or you are stopped for DUI in Southern California in any other kind of car (or in any other kind of circumstance), the legal defense you put up can make a tremendous difference in terms of your ultimate sentence/rehab arrangement.

An excellent defense lawyer can potentially break down the prosecution’s case against you by, for instance, challenging the results of a breathalyzer test that show that you were above California’s legal limit of 0.08%.

So how can you find a knowledgeable and sophisticated Los Angeles DUI attorney?

Continue reading "Los Angeles DUI Blogs Abuzz with News of Miami Heat’s Dorell Wright’s Arrest" »

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

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

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

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

The News in Depth

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

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

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

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

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

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

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

Many DUI in Beverly Hills cases begin when an intoxicated celebrity drives way over the speed limit in a fancy car and gets nabbed by the police for his or her hubris. Well, All Star NHL Goalie Nikolai Khabibulin was arrested last week for doing just that, when he was cuffed near Scottsdale, Arizona. Here is the story:

On February 8th, the goaltender blasted his red Ferrari down a Scottsdale road at 70 miles per hour -- more than 25 miles per hour over the speed limit. Local police pulled over the 37-year-old and gave him a field sobriety test after noticing the odor of alcohol on him. Khabibulin was subsequently arrested and charged with DUI and speeding. According to the General Manager of the Oilers, “Nikolai has been fully cooperative with the authorities.”

Khabibulin, who signed a $15 million contract with the Edmonton Oilers in 2009, has been out since mid November thanks to a lower back injury. The Oilers have struggled without his finesse -- racking up the worst record in the league (19-36-6). (For comparison, Khabibulin’s record was 7-2-9 with just over three goals scored against on average for the '09-'10 hockey season.)

When police officers make DUI stops -- whether they do so in Scottsdale or Southern California -- what kinds of tests do they conduct?

Beverly Hills DUI police typically handle roadside stops ritualistically. In other words, they adhere tightly to a pre-scripted procedure:

The first kind of Southern California DUI field sobriety test usually given is the horizontal gaze nystagmus test. This is an eye exam designed to see whether the driver can track an object across a field of view. If the eye bounces around, this might indicate that the suspect is DUI.

The following test is the walk the line test. This is a balance test. A suspect must step nine paces in two directions over a line (such as a yellow dividing line). If she falls over, that might indicate she has been driving under the influence in Beverly Hills.

The next test is the one-leg stand test. This is another balance test. The driver stands on one foot for half a minute. Again, if he or she loses balance, this might indicate DUI.

The next test is the Rhomberg test, in which a driver tilts his head back and counts from 1 to 30. Again, a loss of balance might indicate DUI.
Officers can also employ coordination tests, such as the finger to the nose test.

Finally, mental coordination tests may be employed as well -- such as reverse counting tests.

Just because you fail a Beverly Hills DUI field sobriety test doesn't necessarily mean that you will be convicted. But you may need solid legal representation to help you build a good defense.

Continue reading "NHL All Star Goalie Slapped with DUI Charge: Not a Beverly Hills DUI, But Arrest Has Nevertheless Attracted Tons of Media Attention" »

Recent changes to Southern California DUI laws -- mandating that first-time offenders install interlock ignition devices (IIDs) in their vehicles -- have made Southland residents more keenly aware of the consequences of driving under the influence.

A breaking story out of Pittsburgh reinforces this message: According to the Pittsburgh Post-Gazette, 38-year-old school bus driver, Brian Dunlap, was arrested on Monday for multiple charges, including reckless endangerment, DUI, and endangering the welfare of 15 children from a Pittsburgh high school.

While driving students to a local science museum, Dunlap allegedly narrowly missed hitting a telephone pole; following the scary swerve, he began laughing. Chaperones observed that his eyes were bloodshot and his speech was slurred. Hours later, while leaving the science center (children in tow), Dunlap careered through a red light. Concerned chaperones phoned police, who quickly arrived at the scene, gave the driver a field sobriety test, and remanded him to an Allegheny County prison. (Tests at a nearby hospital later suggested that Dunlap was not under the influence of alcohol but rather was on illegal narcotics.)

According to the reports, fortunately, no child was injured. That said, stories of near misses like these are all too common these days in places like Hollywood, Pasadena and elsewhere in Los Angeles. Pursuant to California Vehicle Code Section 23153 (a), a misdemeanor Pasadena DUI can be upgraded to a felony charge if the driver causes injury to another person while operating his/her vehicle. California Vehicle Code Section 23153 (b) stipulates that drivers who drive with a BAC over the California limit of 0.08% -- and who cause injuries to other people, particularly to children -- can be subject to an assortment of punishments including: Court fines, stripping of professional licenses, hiked up insurance rates, forced restitution to injured victims and/or their families, and jail sentences.

To develop a comprehensive response to charges of driving under the influence in Pasadena, it can help significantly to game out defense strategies with a qualified and experienced attorney. Many lawyers can handle basic DUI cases. But it is usually impossible to tell whether your case will be "basic" or quite complicated. Even seemingly cut and dry matters tend to have a way of expanding into vastly more fraught debates over legal subtleties. To that end, you likely want someone on your side who has lots of trial experience and who has served as both a defense attorney and as a prosecutor.

Continue reading "School Bus Driver Slammed With Charges of Driving Under the Influence While Transporting 15 Children -- Possible Implications for Los Angeles DUI Violators?" »

Effective today, the new DUI laws are going into effect that are going to change those charged and convicted of a DUI in Los Angeles County are treated. Under a new law, a few counties, including Los Angeles, will have substantial changes that could significantly effect those convicted.

In California, a person charged with a first time DUI in Los Angeles will face the usual punishments that most people have come to expect. Those include a mandatory jail sentence of anywhere between 96 hours to 6 months in county jail. In addition, a person will have their license suspended by the DMV for a maximum of 6 months. The court will also levy huge fines that range anywhere from $390 - $1000, plus penalty assessments that triple that fine. The punishment does not stop at this point. The person will also have to complete a California driving under the influence program that lasts 3 months. Those used to be the full list of possible punishments. However, anyone now convicted of a DUI in Los Angeles beginning January 1, 2010, will also have to install an ignition interlock device (IID) to any car that they drive. This device requires a person to blow into a machine prior to starting their car to insure that the driver does not have any alcohol in their system.

This new punishment for a Los Angeles DUI may have serious unintended consequences. For many people, the IID could cause them to loose their jobs. For example, if a person works in sales and drives clients around to various locations, each time they get into the car they must blow into the device to start the car. Most employers will not tolerate this and will terminate that employee.

For that reason people will need to fight their Los Angeles DUIs like never before. The use of a former prosecutor who knows the judges and prosecutors may be paramount to protecting your interests.

These are just some of the people who could loose their jobs as a result of having to install an interlock device (IID) in the vehicles:

Taxi Drivers
Bus Drivers
Sales Professionals
Long Haul Drivers

and anyone else having to drive for work

Continue reading "New California DUI Laws Go Into Effect Today That Change The Way A Los Angeles DUI, Burbank DUI, Long Beach DUI or Beverly Hills DUI are now Treated" »

As the holiday season heats up in Southern California, and as the CHP rolls out over 250 checkpoints to tag drivers for Los Angeles DUI, Southland residents are craving information about how to minimize driving risks to themselves and to their families. Here are some factors that make driving in Southern California over the holidays challenging.

1. Vast expansion of CHP Southern California DUI checkpoints.

From December 18 through January 3, the California Office of Traffic Safety will sponsor 250 checkpoints across the state. CHP statisticians have argued that increasing checkpoints increases driver safety and helps get Glendale DUI drivers off the road.

2. Weather.

Unfortunately for skiing and snowboarding fans, most of Southern California will not experience a White Christmas this year. That said, the lack of snowfall ironically may be kind of a hazard. After all, studies suggest that drivers pay more attention after a snowfall -- and this extra attention yields a compensatory protective effect. In late December in Los Angeles, Orange County, and San Diego, however -- when it’s typically mild and in the mid 60s -- our roads experience not snow but rather rain. And this rain tends to create ultra-slick conditions, because the water loosens up dirt, oil, and other slippery sludge.

3. Changes in holiday traffic patterns can increase uncertainty on the roads.

During the holiday season, schools let out early, jobs close, and traffic in and out of airports like LAX increases substantially. These drastic alterations in the typical traffic patterns can create hazards above and beyond those associated with Los Angeles DUI. After all, traffic functions best when everyone “knows the rules.”

4. General increase in driver distractibility (texting, GPS systems, speaking on the cell phone, etc.) can also lead to an increase in uncertainty.

During the holiday season, drivers typically get caught up in logistics of holiday travel, and this can likewise have a destabilizing impact that can increase accident rates.

5. Holiday carousing can lead to increases in Southern California DUI.

Holidays are notoriously a time of heavy carousing. The more drivers on the road under the influence of substances, the more accidents and injuries are likely to occur.

Continue reading "Southern California DUI Enforcement Challenges over the Holidays" »

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

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

1. Horizontal gaze nystagmus test

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

2. Coordination tests

These include:

a. one-leg stand test

b. walk the line test

c. finger to the nose test

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

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

3. Subjective evaluations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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