Los Angeles DUI Attorney Blog

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

KTLA news in Los Angeles has reported that two different people have been booked on separate charges of suspicion of Southern California DUI following a videotaped late-night crash on the 10 eastbound near the 110 freeway. According to CHP reports, the incidents occurred early Friday morning (2 AM) in rapid succession.

The first incident involved a woman in a white Lexus who was pulled over in the rain: there was nothing extraordinary or unusual about her stop. However, subsequently, a freelance photographer who had been on the scene videotaped a second driver career into the stalled Lexis. The backseat passenger in this second vehicle was taken to a local hospital for minor injuries. Fortunately, no one was severely hurt in the crash. However, the harrowing footage made KTLA morning news and became a viral video sensation -- attracting thousands of hits within hours of its posting online.

You can see the video of the crash here.

If news reports are accurate, the driver of the second vehicle could be charged with felony DUI, according to California Vehicle Code Section 23152 (a), which stipulates that a DUI count that would ordinarily constitute a misdemeanor can be elevated to a felony charge if the prosecution can show that:

a) the driver had a BAC of 0.08% or more;
b) the driver had been negligent or had been violating Glendale's DUI traffic laws;
c) the passenger received his injuries as a direct result of the accident.

Punishments for Los Angeles DUI with injury can range from license suspension to prison time to fines and can depend on a number of factors, including the severity of the injuries and the degree of negligence.

Continue reading "Terrifying Video of Los Angeles DUI Crash Percolates through Internet" »

#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" »

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" »

For decades, public transportation authorities have warned us that driving under the influence in Los Angeles (or anywhere else) can increase your risk for getting into an auto accident by as much as four times. Few transportation safety experts would argue that getting behind the wheel with a blood-alcohol content of 0.08% or higher would be anything other than a catastrophic error. However, when it comes to the subject of driving while text messaging, people appear less willing to criticize the behavior -- even though many good and reliable studies clearly demonstrate that driving while texting is perhaps even more dangerous than driving under the influence in Southern California.

Consider a recent study conducted by Virginia Tech's Transportation Institute that found that truckers who texted were 23 times more likely to get into accidents than were non-distracted truckers. Another study from the University of Utah found that driving while texting was at least twice as dangerous as driving under the influence.

Every state has serious laws on the books against driving while under the influence. But in some states, it's not yet illegal to drive while texting. In other words, there's a disconnect between the law and the science / statistics. If driving while texting is more dangerous than DUI, why would driving while texting be legal anywhere?

If you've been pulled over for driving while texting or driving under the influence in Los Angeles, you may require the services of a distinguished and well credentialed Los Angeles DUI attorney, like Michael Kraut.

Continue reading "Driving Under the Influence Versus Driving While Texting: Which Is More Dangerous?" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to a September 30th article in The Oregonian, Warren Edwards, an 89 year-old from Vale, Oregon, has been booked on charges of manslaughter and DUI after he struck and killed 60 year-old David Messer on a stretch of Oregon’s Route 26 West. Although the incident occurred far from the hustle and bustle of Southern California’s tangled freeways, Los Angeles DUI experts are paying close attention to the details, particularly since the defendant is of such advanced age. The Oregon State Police have alleged that neither driver was wearing a seat belt at the time and that Edwards did not have a driver’s license on his person.

If you have been involved in a head-on collusion that resulted in fatalities or serious injuries, it makes sense to speak with a Southern California DUI attorney as soon as possible regarding your legal rights and responsibilities.

Gross vehicular manslaughter while intoxicated is defined in California by penal code statute 191.5 (a). If you were drinking prior to your crash, and someone involved (in your vehicle, in other vehicle, a pedestrian, etc.) ended up dying, you may feel tremendous guilt. You may even feel so defeated that you're reluctant to put up a vigorous defense. However, it's critical to act now -- both for your future and for the service of justice -- to test the prosecution’s case.

Often, key evidence that potentially could exonerate you gets overlooked. For instance, maybe the sobriety tests used to ascertain your BAC level were biased, mishandled, or faulty. A probing investigation can turn up exculpatory evidence. Or maybe the driver of the other vehicle was intoxicated or negligent. Alternately, maybe your vehicle had a mechanical problem that made safe handling more difficult.

A savvy Los Angeles DUI defense attorney, such as Michael Kraut of the Kraut Law Group, may be able to poke holes in the prosecution’s arguments. Attorney Kraut spent years working for the city of Los Angeles prosecuting DUI cases. He now draws upon his vast and deep experience to build intelligent, forward thinking arguments for Southern California DUI defendants.

Continue reading "Eighty-Nine Year Old Hit with DUI and Manslaughter Charges -- Case May Hold Lessons for People Charged With Driving Under the Influence in Los Angeles" »

According to an October 2nd article in the New York Times, a Brooklyn grand jury is set to hear testimony in the case of an NYPD officer who struck and killed a young woman with his jeep, allegedly while under the influence of alcohol. Experts in Southern California DUI law are closely following the matter.

According to the Times article, Officer Andrew Kelly drove into a 32 year-old woman, Vionique Valnord, as she was exiting a wedding party. Officer Kelly was off duty at the time, and he refused to take a blood alcohol test at the scene. Under subpoena, he was compelled to take a blood test seven hours later; the test revealed that he had no alcohol in his system. Nevertheless, eye-witnesses have claimed that Officer Kelly exhibited signs of intoxication, including “red watery eyes” and “slurred speech.” The prosecution also alleges that Officer Kelly’s jeep smelled of alcohol. The matter has elicited public outrage and Mayor Bloomberg himself has planned to attend Ms. Valnord’s wake.

Given the ambiguous evidence regarding whether or not Officer Kelly was intoxicated, it’s unclear how the prosecution will make its case. As a practiced Los Angeles DUI attorney might tell you, roadside sobriety tests and blood alcohol tests alike are notoriously unreliable.

Most people understand that blood, urine, and breathalyzer tests can be biased by improper handling, misinterpretation, and design defects. But few realize that even so-called “obvious” signs of intoxication may not be so obvious after all. When police pull suspects over for driving under the influence in Southern California, they usually look for symptoms, such as:

• Lack of physical coordination
• Careless or reckless driving
• Mumbling speech
• Odor of alcohol on or around the suspect
• Eyes that are bloodshot
• Slurry speech
• Poor kinesthetic awareness
• Disheveled appearance
• Changing stories about what events took place and in what order they took place

Taken together, these signs can be extremely suggestive. However, most DUI examinations yield less than conclusive results. Any number of factors can potentially explain why, for instance, a driver has watery eyes and slurred speech. Perhaps he or she is just fatigued. Or perhaps he or she is having a bad reaction to a medication. Similarly, some people are more or less coordinated than others. This doesn’t mean that people who exhibit these symptoms are not intoxicated. (Nor, conversely, does it mean that individuals who fail to exhibit these symptoms are not DUI.)

The general point here is that, to make an accurate assessment of a suspect’s level of intoxication, one must scrutinize other possible hypotheses that could explain the symptoms.

Of course, challenging charges of DUI in Los Angeles -- particularly in cases where other people have been hurt or killed -- can be monumentally difficult. That’s why many defendants turn to expert Los Angeles DUI attorneys, like Michael Kraut of the Kraut Law Group. Prior to becoming a criminal defense lawyer, Attorney Kraut spent years as a prosecutor for Southern California DUI cases. His unique vantage allows him to construct strategic options that many attorneys would never think of, simply because they've never argued for the other side before.

Continue reading "NYPD Officer Charged with DUI Manslaughter -- Case May Hold Relevance for Similar Cases of DUI in Southern California" »

In 2002, actor Nick Nolte was pulled over for a routine Southern California DUI arrest. His mug shot from that arrest -- which depicted him as scary looking and out of control -- took its place among the pantheon of the most infamous celebrity Los Angeles DUI mug shots of all time.

On October 7th, 2009 -- seven years later -- Nolte’s son, Brawley, followed in his father’s footsteps and received his own Los Angeles DUI charge after colliding with another car in Santa Monica. The 23 year-old Brawley also works as an actor; he starred as Mel Gibson’s son in the movie Ransom. According to TMZ.com, when the police arrived to investigate the crash, they subjected Brawley to roadside sobriety tests, which he apparently failed. Bail was set at $5,000.

No doubt, Nolte will require the services of a high caliber Los Angeles DUI attorney to develop an effective defense. Fortunately for both Nolte and the other driver, no one was seriously injured. Notwithstanding, the young actor still could face serious penalties for this first time violation, if he's convicted.

Penalties for violating California Vehicle Code Section 23152 (a) and/or 23152 (b) can run a wide gamut. If you are convicted of a first time misdemeanor DUI in Southern California, the court can impose:

• Mandatory alcohol school -- six weeks minimum, nine months maximum.
• Suspension of CA drivers’ license -- no restricted license to travel to work/school, one year suspension possible.
• Fines and court costs -- a maximum fine of a thousand dollars may be imposed on top court costs, which can add up to much more than a thousand dollars.
• Strict probation terms -- convicted offenders may be barred from drinking alcohol during probation; the police may be able to search your belongings without probable cause.
• A mandatory interlock device installation -- this is a device that’s fitted to your car that prevents you from driving unless you blow into it first. If your breath contains alcohol, the car won’t start. Offenders must also pay for this service out of pocket.
• Jail time -- misdemeanor DUI offenders must spend at least 48 hours in police custody and can get a sentence of up to six months behind bars.

Given the range and severity of these punishments, it’s helpful to discuss your Southern California DUI matter with a practiced attorney, such as Michael Kraut. Prior to founding the Kraut Law Group to provide services for criminal defendants, Attorney Kraut worked directly for the city of Los Angeles investigating and prosecuting DUI matters. Not only does Attorney Kraut boast a stellar record and positive client reviews, but he also boasts a wealth of unique legal knowledge and an impressive academic pedigree.

Continue reading "Nick Nolte’s Son Nabbed for Driving Under the Influence in Southern California" »

Actress and model Tawny Kitaen was arrested for driving under the influence in Southern California when Newport Beach Police pulled over her Range Rover mid-afternoon last Saturday. Kitaen starred in a provocative music video for the band Whitesnake in the 1980s and more recently has appeared on reality shows like Doctor Drew’s Celebrity Rehab and The Surreal Life. According to an AP report, she was released shortly after her arrest on a $2,500 bail. Kitaen had been arrested back in 2006 on charges of possession of cocaine.

Celebrities like Kitaen often turn to an experienced Southern California DUI lawyer to deal with the many complicated legal entanglements that result from arrest. Without good representation, a DUI suspect may miss out on opportunities to challenge the prosecution's case and/or plea bargain down the charges.

Even seemingly straightforward misdemeanor Los Angeles DUI matters can turn exceedingly complex. Nuances in the law abound. For instance, consider that Southern California DUI law is actually covered by two key vehicle code sections: California Vehicle Code § 23152(a) and California Vehicle Code § 23152(b).

California Vehicle Code § 23152(a) stipulates that if you are driving a car and the police pull over your motor vehicle, and you are then found to be "under the influence" of alcohol or drugs, the police can arrest you. If you're convicted, you face a panoply of punishments, including jail, license suspension, points on your DMV record and fines.

California Vehicle Code § 23152 (b), on the other hand, stipulates that someone who drives with a blood alcohol content of 0.08% or above can be charged with a crime.

Los Angeles DUI suspects may be screened for alcohol or drug intoxication at the scene vis-à-vis tests like the roadside sobriety test, the preliminary alcohol screening (PAS) test, the breathalyzer test, and urine or blood tests.

To make an accurate defense, you’ll likely need the services of a veteran and proven lawyer like Attorney Michael Kraut of the Kraut Law Group. After serving as one of LA’s most reputable and successful Deputy District Attorneys (in which capacity, he prosecuted literally dozens of DUI cases), Attorney Kraut switched several years ago to represent criminal defendants. In every DUI case, he brings to bear his uniquely deep and vast knowledge of how Southern California prosecutors operate.

Continue reading "Actress and Music Video Star Arrested For Southern California DUI" »

Bobby Rydell, a former teenage heartthrob and musical theater actor, careered his Bentley into the side of a yoga studio and was subsequently arrested for DWI. While Rydell's story sounds like a typical Southern California DUI story of an “aging celebrity in trouble with the law,” the events actually occurred in Merion, Pennsylvania -- on Montgomery Avenue, to be even more specific. Rydell, who starred in musicals such as Bye Bye Birdie and Wild One, admitted to drinking a few cocktails prior to getting behind the wheel of his ‘69 Bentley and plowing it into the side of the Jai Yoga Studio. BAC tests later revealed that the actor had had a BAC of 0.17% - more than twice the legal limit of 0.08% for a Los Angeles DUI.

Rydell’s wife claimed to reporters that the actor only failed his roadside sobriety test because a recent hip replacement had made it impossible for him to perform the physical actions requested by the arresting officers.

Had Rydell consulted an experienced Los Angeles DUI attorney following his accident, chances are that he and his wife would have been more discrete about disclosing information about the accident. Even seemingly innocuous comments can be taken out of context by both the media and the police and be leveraged against you in a court of law.

What kind of Los Angeles DUI field sobriety tests would someone like Rydell have been subjected to, to determine whether or not he actually was DWI? Sobriety tests tend to go in and out of fashion, but here are some of the more common ones:

Finger to the nose test:

This checks driver coordination. The driver is asked to extend the arms and touch the nose while keeping the eyes closed. Uncoordinated/intoxicated drivers tend to miss the mark more often than sober/coordinated ones.

Rhomberg test:

A driver must close his eyes and tilt his head back and count up to thirty. Intoxicated drivers theoretically are more likely to stumble as a result of this exercise.

One leg stand test:


This is the test that Rydell presumably failed. In it, a driver is asked to stand on one leg for half a minute. DUI or DWI drivers will purportedly lose their balance easier than will sober drivers.

Walk the line test:

This is the "classic" sobriety test often depicted in movies and television. A driver is asked to pace in a straight line back and forth for nine steps. If he or she falls off the line, the police may have grounds to suspect intoxication.

Gaze test:

Officially known as the Horizontal Gaze Nystagmus test, this test is designed to measure pupil reaction time. Intoxicated drivers theoretically will have a harder time following a light or an officer’s finger as it moves back and forth across the field of vision.

All these sobriety tests are of course imperfect. But challenging the validity of their results can be quite difficult, unless your DUI defense attorney has done the proper investigation and preparation. Fortunately, if you or a loved one has been arrested for DUI in Southern California, you can turn to Attorney Michael Kraut of the Kraut Law Group. As a former Deputy District Attorney for LA, a Harvard Law School graduate, and a widely respected figure in the field of criminal defense, Attorney Kraut can bring his many talents and resources to bear on your situation. Given how much is at stake for your freedom and future, it makes sense to find the best possible attorney to represent you.

Continue reading "Bye Bye Birdie Star Busted -- Not for Southern California DUI -- But for DWI in Pennsylvania" »

Gabe Pruitt, the Boston Celtics guard who was arrested back in February for DUI in Los Angeles, has signed a contract with the New York Knicks. Pruitt's arrest on February 26 provoked great discussion at the time. According to an AP report, police pulled Pruitt over after he stopped his car at a green light. Pruitt was also driving with “dark tinted windows,” which are not legal in California. The LA native and USC grad failed a roadside sobriety test. Consequentially, the Celtics suspended him for two games.

Sports figures arrested in Hollywood for driving under the influence often turn to an experienced Southern California DUI attorney to navigate the legal system. This makes good sense. After all, while non-specialized attorneys can handle some aspects of DUI defense, the law can be tricky and subtle. It often takes years for lawyers to develop the knowledge necessary to build smart defenses for their clients.

The AP report on Pruitt’s arrest said he “failed a sobriety test.” What kinds of examinations constitute a typical Los Angeles DUI sobriety test?

Rhomberg Test

A driver leans his head backwards and counts up to thirty. Intoxicated suspects tend to lose their balance and fall over after being distracted by the task of counting.

Walk the Line

A driver must walk nine paces in two directions across a marked line. If he steps off the line, the police may suspect him of intoxication.

One Leg Stand

A driver is asked to stand on one foot for half a minute. If he or she falls over, intoxication may be suspected.

Finger to the Nose

This is a coordination test. A driver closes his eyes and then touches the tip of his nose after extending his arms.

Horizontal Gaze Nystagmus

A driver is asked to follow a moving object from left to right and then back again. Intoxicated drivers may have a difficult time following the stimulus.

Just because a driver fails any one of these tests (or even all of them) does NOT mean that he or she is legally intoxicated. (Conversely, just because someone passes all tests doesn’t mean that he or she is sober, either.) Numerous factors can influence the performance, such as fatigue, anxiety/ stress, underlying health conditions, general disposition, personality, and so on. If you failed a roadside sobriety test in Los Angeles, it makes a lot of sense to connect with an attorney who knows how to challenge the validity of these results. Attorney Michael Kraut of Kraut Law Group spent fourteen years as a Deputy District Attorney for the city of Los Angeles prosecuting Southern California DUI cases similar to yours. Now as operating as a criminal defense lawyer, Attorney Kraut brings to bear a deep understanding of how prosecutors work to cultivate arguments and strategies that get his clients results.

Continue reading "Celtics Guard Who Had Been Arrested For Los Angeles DUI in February Signs with New York Knicks" »

Ronald Belisario entered a plea of not guilty on Thursday August 27th in response to a charge of misdemeanor Southern California DUI. Belisario was arrested two months ago, after CHP officers saw him speaking on the cell phone while driving (which is, in and of itself, a violation of CA law). The Los Angeles Times reported that the police “observed the symptoms of possible alcohol intoxication." Just prior to his arrest, Belisario had helped the Dodgers triumph over Seattle Mariners by pitching a scoreless ninth inning. The Venezuela native was released after making a bail of five thousand dollars; his pre-trial hearing is set for October.

While a top caliber Southern California DUI defense lawyer can develop and deliver powerful defenses for misdemeanor DUI suspects like Belisario, such cases are often delicate, as they are tried simultaneously in the California court system and in the court of public opinion.

That said, even in situations in which the evidence at first glance appears to support the prosecution overwhelmingly, defenses can be found. For instance, consider the blood test -- one of the DUI prosecutor's most potent weapons. Blood tests are more reliable than other tests, like breathalyzers and field sobriety tests. But they are by no means flawless.

An array of objections can be made, including but not limited to:

• Perhaps the technician who took the sample was not qualified.
• Perhaps the sample was not stored, transported, or tested correctly.
• Perhaps the test was performed correctly but officer bias skewed the results.
• Perhaps the officer used alcohol on the skin of a suspect, and that alcohol contaminated the sample.
• Perhaps the sample got mixed up with someone else's.

All these situations can result in unjust and unfair Los Angeles DUI convictions. To challenge the evidence effectively, however, you likely need a veteran lawyer who has practical experience with hundreds of similar cases. Many Southern California DUI defendants trust attorney Michael Kraut. Attorney Kraut spent nearly a decade and a half as a DUI prosecutor before switching to become a criminal defense attorney. Very few other attorneys – even experienced criminal defense lawyers - have that kind of experience from the other side. Attorney Kraut leverages his knowledge of procedures and common prosecutorial arguments to best effect for his clients.

Continue reading "Dodgers Pitcher Pleads Not Guilty to Southern California DUI" »

Not all celebrity sports arrests are for driving under the influence in Southern California. According to an AP report, on August 26, Billy Gillispie, a former basketball coach for the Kentucky Wildcats, was pulled over for DUI in Louisville for "driving erratically." The arresting officer reported that the coach had insisted that he had been out "golfing," even though it was 2:45 a.m. at the time. Gillispie was released Thursday morning on his own recognizance. This was Gillispie's third arrest for DUI, and the incident marks another unfortunate turn for the coach, who had been battling fan criticism about his performance.

A savvy Southern California DUI attorney might have advised Gillispie to be more prudent with respect to his statements to police. Often, making incongruous statements -- such as claiming to be on the way to play golf at three in the morning -- can greatly complicate one's DUI defense.

If you're arrested and convicted of driving under the influence in Los Angeles three or more times within a 10 year period, the consequences can be dire. At minimum, you face 120 days of jail time -- approximately 4 months. At maximum, you face a full year behind bars. Third time offenders also face a year and a half of alcohol school (at minimum), a driver's license suspension of three years (with no chance to get a restrictive license), and steep fines and court costs. If your case is more complicated -- for instance, if your BAC level was extraordinarily high or if you caused injuries -- you could be charged with a felony, which carries much stricter minimums.

Whether this is your first arrest for DUI in Southern California or your third, it likely behooves you to retain a top-notch area attorney. Attorney Michael Kraut of the Kraut Law Group can deliver. Attorney Kraut boasts extensive training. As a Harvard Law School grad and former prosecutor who's tried dozens of Los Angeles DUI cases from the other side, Attorney Kraut knows how to win hard arguments and build smart and efficient defense strategies.

Continue reading "A Kentucky DUI This Time -- Not a Los Angeles DUI -- for Celebrity Basketball Coach" »

Mike Pihl, one of the featured loggers on the History Channel's hit reality series, "Ax Men," has been arrested in an incident that's intrigued people who follow celebrity and Los Angeles DUI cases. According to reports, Pihl drove a jeep with three children inside into a ditch. The vehicle flipped over three times. None of the children inside -- all of whom were under five years of age -- had been wearing seatbelts. Reportedly, one child sustained fairly serious injuries.

Oregon police did not arrest Pihl for driving under the influence -- not because they didn't suspect that alcohol was involved -- but because Pihl had been driving on private property (his own driveway). Nevertheless, police did charge him with reckless endangerment and assault.

Even with a strong and seasoned Los Angeles DUI attorney on your side, if you've been charged with driving under the influence with children in your car, you may face extremely aggressive treatment from prosecutors.

According to California Vehicle Code Section 23153(a), prosecutors can elevate what would otherwise be a standard misdemeanor DUI charge to a felony DUI charge, if another person or persons suffered injuries. Furthermore, according to California Vehicle Code Section 23153(b), if someone drives with a BAC of greater than 0.08% and then violates the law and causes injury, the Los Angeles DUI offender can face an array of punishments, including jail time, steep court costs and fines, and driver's license suspension.

All that said, the law is not without subtlety. If you can prove, for instance, that you didn't violate any traffic laws, you may be able to negotiate a felony down to a misdemeanor, even if you had been DUI and you did cause injury to another person.

To make your best case, however, you likely need to retain an experienced lawyer. Attorney Michael Kraut of the Kraut Law Group spent many years working as a Deputy District Attorney for the city of Los Angeles. In that role, he prosecuted dozens of DUI cases. Having switched to representing DUI defendants, Attorney Kraut brings his wealth of prosecutorial knowledge to bear on every DUI defense he crafts. He gets results because he's intimately familiar with the system and knows what kinds of arguments and strategies to employ.

Continue reading "Reality TV Star Arrested -- not for Southern California DUI -- but for Something Close" »

A local Fox TV affiliate has reported that reality TV star and former MLB pitcher Matt Keough was pulled over for driving under the influence in Southern California after running a stop sign in his gated community. Keough played Major League Baseball in the late ‘70s and 1980s. After his retirement, he served briefly as a baseball scout until he suffered a brain injury after being hit by a foul ball. He then transitioned to reality TV stardom when he and his (now ex) spouse Jeana were featured in The Real Housewives of Orange County.

Keough is no stranger to Southern California DUI charges. In 2005, he was arrested after he crashed his SUV into a parked car and injured a pedestrian. Police later tested his BAC to be more than twice California’s legal limit of 0.08%. After he served jail time and underwent rehabilitation following his conviction for felony DUI, Keough twice violated the terms of his parole, which resulted in him accruing additional fines and jail time. Keough's latest arrest occurred on 1:30 pm Saturday, August 21. When deputies attempted to pull him over, he fled his vehicle and ran to his house, where he was later apprehended and found to have a BAC of nearly four times California’s legal limit. Keough posted a bail of $10,000 to secure his release.

Obviously, someone like Keough, who’s been arrested multiple times for alcohol-related problems, does not need a savvy Southern California DUI attorney to warn him of the dangers of breaking the state's DUI laws.

CA DUI crimes are defined under sections 23152 (a) and 23152 (b) of the California Vehicle Code:

Section 23152 (a) defines driving “under the influence” of alcohol or drugs as a crime and sets the terms of punishment for that crime. Penalties can include license suspension, fines and court costs, points on your DMV record, and misdemeanor or felony charges, all of which can result in secondary consequences, such as the loss of a professional license, for instance, or the loss of the right to vote (if you’re convicted of a felony).

Section 23152 (b) defines the precise percentage of blood alcohol content (BAC) that the state deems to be illegal as 0.08%. In other words, if you drive a motor vehicle with a BAC of more than 0.08%, you could face all the penalties laid out in section 23152 (a).

Southern California DUI violations can result in extreme inconvenience, discomfort, and problems for convicted defendants. But if you build a sound case based on good legal research and preparation, you may be able to get your charges dropped and/or penalties reduced. For help determining your options, look to Attorney Michael Kraut. As a graduate of Harvard Law School and a former Deputy DA for Los Angeles, Attorney Kraut boasts extremely impressive credentials. Moreover, he can utilize his many years of experience as a prosecutor to help figure out exactly what defense tactics and strategies make the most sense for your situation.

Continue reading "Embattled Reality Star (And Former Major League Baseball Pitcher) Busted For Driving Under the Influence in Los Angeles" »

In 2004, Olympian Michael Phelps was pulled over and charged with driving under the influence 85 miles south of Baltimore. The gold medalist’s arrest rocked the sports world and attracted lots of attention from celebrity watchers who keep tabs on arrests for DUI in Southern California (and other places).

Phelps put that incident behind him by fulfilling the terms of his probation and meeting with victims of drunk driving crashes. But despite rebounding to net a world record eight gold medals in the Beijing 2008 Summer Olympics, the Olympian has had a rough 2009. Earlier this year, he was photographed smoking marijuana. And just this month, Phelps faced more scrutiny after getting into a serious collision in Baltimore as he was driving home from a Ravens pre-season game.

According to news reports, the driver of a Honda blew through a red light and wrecked Phelps’ Cadillac Escalade. Fortunately, the swimmer wasn’t seriously injured. But due to the fact that he was driving with an expired license, he will once again have to go back to court.

An experienced Southern California DUI attorney familiar with the athlete’s reported history of substance abuse might offer some guidance about how the California legal system handles drivers charged with driving under the influence of drugs.

Pursuant to CA Vehicle Code Section 23152 (a), individuals may not legally drive while under the influence of alcohol or drugs. The term “drugs” in this context is construed broadly. It includes illegal narcotics, such as marijuana, heroin, illegal opiates, PCP, cocaine, ecstasy, and LCD. It also includes prescription and over-the-counter medications.

Although police officers do not use breathalyzers in Los Angeles DUI drug cases (unless there’s also a suspicion that the driver has also been drinking alcohol), they may attempt to administer urine or blood tests. Chemical analyses of these tests along with officer testimony about the driver’s appearance, demeanor, and any statements made may also be taken into consideration as evidence by the judge and/or jury.

Police officers usually have much less experience making DUI drug arrests than they do making DUI alcohol arrests. So it can be easier to develop an aggressive legal defense against these charges. However, if you’re convicted of driving under the influence of drugs, the penalties can be severe and the fallout can last a lifetime. That’s why it’s critical to work with an attorney who knows how to build active defenses against these kinds of charges. Attorney Michael Kraut spent 14 years as a prosecutor for the city of Los Angeles and handled literally hundreds of cases of DUI and driving under the influence of drugs – from the prosecution's side. Having made the switch to serve as a criminal defense lawyer, Attorney Kraut brings a wealth of insider information about how the prosecution operates – a knowledge that has made him one of the most formidable defense attorneys in the city.

Continue reading "Olympian Phelps Involved in More Roadside Drama – But This Time Not For DUI in Southern California (or Anywhere Else, Fortunately)" »

The CHP has informed all news agencies and the general public that Southern California will be the top priority for Los Angeles DUI arrests and enforcement for driving under the influence laws. According to law enforcement, starting tonight, September 4, 2009 at midnight until Monday September 7, 2009 at the same time, will be a high enforcement time for all law enforcement.

Police will be maxing out the number of officers on the roads to either run a Los Angeles DUI check point or pull over those they suspect of driving under the influence of alcohol or drugs. In California, an arrest for a violation of the California Vehicle Code section 23152(a) and 23152(b), can result in the following penalties occurring:

--Loss of driver's license
--Jail sentence of us to 6 months for a first time Southern California DUI
--Huge fines
--Increased insurance bills for several years
--Criminal record
--Loss of job
--Strict terms of probation

These are just a few of the punishments that the court and the DMV can impose for a first time DUI. A conviction of a subsequent DUI will result in much more severe consequences and significant jail time.

A Los Angeles DUI defense attorney can make the difference between a Pasadena DUI, and beating the rap and remaining free. In many locations in around SoCal defense attorneys are attempting to protect their clients from the unfair treatment of over zealous cops.

For example, a Pasadena DUI defense attorney can reviews the facts concerning an arrest in the San Gabriel Valley.

A Burbank DUI defense attorney will review the facts of an arrest in the area between San Fernando and the Pasadena area. That is a prime location for driving under the influence arrests in the valley.

However, a Beverly Hills DUI defense attorney will be able to advise his clients on some of the more public arrests made by both the CHP and local police agencies. That is especially important since the paparazzi often hang out at the Beverly Hills courthouse to see the new celebrity DUI suspects.

Continue reading "Maximum Enforcement is the Top Priority in Los Angeles DUI prosecutions for the CHP" »

Chris Davis, a star receiver for the Tennessee Titans, was pulled over on Friday night for driving under the influence. Although Davis’ arrest was not a classic "celebrity DUI in Southern California" arrest, (it technically took place in Nashville, TN), it has attracted lots of attention from the CA sports community.

According to the arrest report, Davis was originally pulled over for speeding. The officer asked him to take a breath test after he noticed that the star “smelled of alcohol” and had watery eyes. Davis blew a BAC reading of 0.11% – 0.03% higher than the legal limit for Tennessee (and Southern California) DUI. Davis’ team and agent remained tightlipped after the incident while “gathering facts.”

A seasoned Los Angeles DUI Attorney can help first-time offenders, like Chris Davis, explore their defense options and come to grips with potential penalties they might face.

The court can impose a smorgasbord of penalties for first time driving under the influence in Los Angeles, even if no injuries or property damage occurred. These punishments can include:

• Misdemeanor charge

• Jail time of 48 hours – two days in jail may not seem like much, but those hours can really drag. Moreover, 48 hours is merely the minimum sentence – first time offenders can get a maximum of up to six months in jail.

• Fines of up to $1,000 as well as court costs – note: court costs can actually be significantly more than $1,000.

• Probation – the court may set strict and uncomfortable conditions for your release. For instance, you may have to check in regularly with a probation officer. You might also have your property subjected to search and seizure. Finally, you may be prohibited from consuming any alcohol beverages during the course of your probation.

• Alcohol school – you may have to attend alcohol classes for a minimum of six weeks and a maximum of up to nine months.

• Suspended license – the court can suspend your driver’s license for a full year and prohibit you from even acquiring a restricted license for school or your work.

• Interlock device installed in your car – the court can order you to install and pay for a device in your car that will prohibit you from starting your engine if you’ve consumed alcohol beforehand.

Given the range of punishments you may be facing for driving under the influence in Southern California, it’s a good idea to consult with an experienced, time tested attorney like Michael Kraut. As a former DUI prosecutor and Deputy District Attorney for the city of Los Angeles, Attorney Kraut knows how the prosecution thinks, and he uses his intimate knowledge of both process and the law to deliver excellent results time and again for his clients.

Continue reading "Tennessee Titan Toppled in Celebrity DUI Arrest" »

On Tuesday, Brazilian painter Romero Britto pled no contest to charges of driving under the influence. Like several other celebrities charged with Southern Florida and Southern California DUI over the past few months, Britto escaped with a relatively lenient sentence: six months probation; 100 hours of community service; a $1,000 fine; and a six month license suspension.

Britto, who's had work commissioned by the Miami Dolphins (among others), was arrested back in March when he drove his black Bentley erratically along Washington Avenue in Miami Beach. An officer allegedly saw him nearly hit a parked car and pulled him over under suspicion of driving under the influence. Britto blew a breathalyzer reading of 0.16 -- twice the legal limit for Los Angeles DUI. In addition, he failed a roadside sobriety test.

Had Britto been given the chance to consult with an experienced Los Angeles DUI attorney, he might have hesitated about taking that breathalyzer test.

According to solid scientific research, breathalyzer test results are often unreliable. Breathalyzers have trouble distinguishing ethanol (the active compound in alcohol) and other chemicals that may be on the breath. In addition, the early part of the breath may yield a far lower BAC reading than the later part of the breath (which is one of the reasons why officers often ask suspects to blow deeply into breathalyzers). Other factors can throw test readings off, including:

• The time the sample is taken
• Whether or not a suspect is diabetic
• Whether or not a suspect ate food before drinking
• Whether the suspect is a man or a woman
• Poor maintenance of machines
• Officer bias or error
• Calibration errors

If you’ve recently been pulled over for DUI in Southern California, you may need an aggressive, seasoned, and technically astute lawyer to explore your defense options. Los Angeles and Pasadena DUI Attorney Michael Kraut can provide a free, confidential analysis of your options today. Attorney Kraut spent years prosecuting DUI cases in Los Angeles and Southern California and he knows how to orchestrate solid arguments that can break down the prosecution’s case and deliver excellent results. With your future on the line, you need top notch legal counsel to battle for your rights.

Continue reading "Brazilian Artist Britto Sentenced For March Arrest – Another in a Long Line of 2009 Southern Florida and Southern California DUI Celebrity Cases" »

California courts have become more strict on driving under the influence cases (DUI) throughout Southern California. As the economy suffers and court budgets are barely paying for basic services, courts are increasing fines and mandating harsher sentences in DUI cases.

When a person is arrested for a DUI under California Vehicle Code Section 23152(a) and 23152(b), the prosecutor files the charges. A person charged with a DUI will then have to appear in court and should always be represented by a DUI defense attorney. In some cases a person will just show up to court without an attorney and will hope for the best. Most experts believe that is a very unwise decision. First of all, representation on a Los Angeles DUI case is very important. Second, an attorney who is not trained specifically on the complex nature of DUI cases will most likely not do the best for the client.

Often times a DUI defense attorney who is a former prosecutor will have the best knowledge of the case, the defenses and also will have previously worked with the prosecutor. These relationships are often priceless. If a prosecutor knows that he is not only facing a DUI defense attorney who knows the law, but also knows all of the ways to challenge the evidence, he may want to resolve a DUI case early with reduced or dismissed charges.

However, it is important to be very careful when picking your DUI defense firm. All to often the firm claims to be made of up of former prosecutors. However, the former prosecutor may only sign the client and never go to court. These firms are sometimes called "mills" because they charge a lower fee, but do not aggressively handle the case. The former prosecutor may sign the client but then passes the case over to a young attorney who does not have much experience, or was never a prosecutor at all.

The other concern is the actual background of their attorney. Even if the attorney was a former prosecutor, the client should find out where the attorney practiced when they worked for he government. Many "former prosecutors" have come to the Southern California area after they left the prosecutor's office in different cities, or even a different state. Often times when a client asks the tough questions, they learn that the attorney was a prosecutor in Florida, or some other distance place.

Choosing a Los Angeles DUI defense attorney who was a prosecutor in the very court your case is going to be handled may be the most optimal. A DUI attorney who knows the judge, the court staff, the current prosecutor, and the law is probably the best of all situations to assist the client.

Continue reading "DUI Probabtion and Jail Being Ordered on All Southern California DUI Cases" »

Over the last few days and nights, over 100 people have been arrested for the following charges; Los Angeles DUI; Orange County DUI; Pasadena DUI, Beverly Hills DUI and Glendora DUI. In actuality, it does not matter where you are in Southern California, a DUI arrest will result in similar charges and DUI penalties.

The law on DUI checkpoints in clear cut. The government must publically announce the placement of the checkpoint, and must also give a driver the ability to veer away from the impending danger by either turning around, or a cross street to exit away from the checkpoint. A well connected Pasadena DUI defense attorney is going to be able to review the facts of your arrest and prepare a vigorous defense on your behalf. That's because if the police do not abide by very strict terms in setting up the checkpoint, the DUI pas test and subsequent arrest may be illegal.

If you are arrested then the penalties for a DUI will depend on if this is a first time DUI or if a person has multiple DUI convictions. If the offense is a first time DUI, then California law requires a minimum of 48 hours, and a maximum of 6 months, in jail. Additionally, the court may order fines up to $1000 plus penalty assessments. This could raise the fine up to $5000. You will also be placed on probation for a three year period. In addition, the Department of Motor Vehicles will conduct a DUI administrative hearing and if you loose, your license will be suspended for a four month period. Your car insurance will also increase significantly. You will also have to take an alcohol education course for at least 3 months at great expense.

Many people think that if they are charged with driving under the influence, you should avoid the cost of a lawyer and just go before the judge and plead guilty. There is nothing further from the truth. The penalties for a DUI far outweigh the cost of a top rated DUI criminal defense attorney.

Continue reading "DUI Checkpoints in Pasadena, Glendora and Throughout Los Angeles and Orange County Mean DUI Charges for 1000 People" »

An Indianapolis woman was recently arrested for a car crash that injured an 8 year old girl. The police arrested Juna Leon, 31, who now faces a DUI charge causing serious bodily injury.

Reports indicate that Leon was driving drunk when she ran a stop sign causing another vehicle to t-bone her car. The 8 year girl was ejected from the vehicle as a result of the crash.

In California, DUI with injury occurs when another person other then the driver is injured is charged under California Vehicle Code section 23153(a) and 23153(B).

In order for the prosecution to prove their case, they must prove beyond a reasonable doubt that the person at the wheel was driving under the influence of alcohol or drugs, and that as a result of driving under the influence, they caused an injury to another person. If the person at the wheel has a blood alcohol level over .08% by body weight, then there is a presumption that they are driving under the influence.

Continue reading "DUI Arrest in Car Crash That Injured Girl Could Have An Impact on Los Angeles DUI Cases" »

Billy Lane, the celebrity motorcycle designer and builder, was sentenced to six years of prison for his DUI manslaughter conviction. Lane fatally struck and killed Gerald Morelock who was driving his motorcycle when Morelock and Lane's pickup truck collided.

Lane had over two times the legal limit. The legal limit in Florida is the same as for a Los Angeles DUI. In California, as in most states, the legal limit is .08% alcohol by weight. Once you have crossed over this threshold and are driving, then you are presumptively driving under the influence.

Lane faced up to nine years in prison as part of his plea deal with prosecutors. The judge exercised his discretion and sentenced Lane to six years for his DUI vehicular homicide.

In California, if you are convicted of a felony DUI, you can be sent to prison. There are several different crimes that will lead to a felony DUI charge. First, having four California DUI convictions within 10 years. Second, if you have an accident while driving under the influence and someone is seriously hurt, and third, if a person is killed during the commission of a DUI.

As soon as you are arrested or charged with a DUI, it is important to immediately hire a pre-filing DUI criminal defense attorney. Your attorney will be able to gather evidence quickly and efficiently to protect your rights before the prosecutor files criminal charges.

Continue reading "Los Angeles Celebrity DUI Arrest and Conviction Results in Six Year Prison Sentence in Florida" »

People Magazine’s website has reported that Mischa Barton, a breakout star from the O.C. and a lead on The CW's new show, The Beautiful Life, has been officially released from Cedar-Sinai Hospital following a week long stay for as yet unknown medical issues and psychiatric problems. The A-list TV actress had been arrested for a Los Angeles DUI in 2008 and convicted of a misdemeanor for which she received three years of probation.

At the time of Barton's arrest last year, fans and industry insiders alike worried whether she could overcome her issues and keep her career on track. Barton surprised the naysayers by demonstrating a string of fine performances in her new CW soap. And the show’s EP, Ashton Kutcher, reassured a nervous network that “Mischa Barton is going great.” However, other sources reportedly close to the actress have expressed concern that Barton may still be struggling with extensive substance abuse problems.

It may behoove the starlet to consult a Los Angeles DUI defense attorney before her alleged problems lead her down the path of recividism. Individuals arrested multiple times for driving under the influence in Southern California can be subjected to an array of painful, long term penalties. For instance:

• Second time offenders – if convicted of two Los AngelesDUIs within a ten year period, you will face a mandatory minimum of four days in jail, 18 months in alcohol school, and significant court costs and fines. In addition, the court may suspend your driver’s license for up to two years and impose other penalties, such as ordering that you install an interlock device in your car.

• Third time offenders – if convicted of two misdemeanor Pasadena DUIs within a ten year period, you’ll be sentenced to a minimum of 120 days in custody, and your license could be suspended for up to three years. In addition, you’ll likely face stiffer fines and court costs, stricter probation terms, and other penalties.

• Fourth time offenders – if you’re convicted for four California DUIs within a span of just ten years, you’ll be sentenced to 180 days in jail… that is, if the court rules your charge a misdemeanor. A felony fourth time Los Angeles DUI can land you a prison sentence of up to three years – even if you didn’t injure anyone or cause damage to property. In addition, you’ll suffer a driver’s license suspension of four years and an array of increased fines and penalties.

Continue reading "Actress on Probation for 2008 Southern California DUI Hospitalized for Undefined “Medical Issues”" »

Roderick George Toombs, better known as the WWF's “Rowdy” Roddy Piper, got hit hard with a charge of driving under the influence in Los Angeles on July 2 in Hollywood. The former archrival of “good guy” Hulk Hogan may face up to half a year of jail as well as significant costs, including an $1,000 fine and court costs, if he's convicted of the misdemeanor.

In his heyday, Piper was a national celebrity. To date, he has continued to promote professional wrestling performances. He actually jumped into the ring in late April to do battle with other old time legends, such as “Nature Boy” Ric Flair and Jimmy “Super Fly” Snuka. Piper typically enters the ring to the tune of bagpipes and often plays off the stereotype of a drunken Scotsman.

The wrestler/actor was released on a $5,000 bail at 8:00 a.m. the morning following his arrest. As of this writing, it is not yet known whether Piper has procured the services of a Los Angeles DUI defense attorney.

Given how severe the punishment for a Los Angeles DUI can be, it’s important to understand what specifically police officers look for when they pull over suspects. Here are some common symptoms of DUI that police note in their arrest reports:

• Nonsense speech or incoherent mumbling
• Bloodshot eyes
• Reckless, wild, or negligent driving
• Inability to balance
• Poor pupil control
• Smell of alcohol on the person
• General fumbling and stumbling
• Disheveled appearance
• Inappropriate reactions to officer’s questions (e.g. giddiness/laughter)
• Incomprehensible or illogical explanation of driving behavior or of the evening’s events

Continue reading "Former WWF Arch-Baddie Slammed With Los Angeles DUI Charge" »

Nathan Mathers (a.k.a. Nathan Kane), the 23 year-old younger brother of hip-hop superstar Eminem, pled guilty on July 23 to driving under the influence in April. This will be Mathers’ second DUI conviction, and he could face a whole year in jail, $1,000 in fines, and a forced license suspension of up to a year – a punishment similar to the penalties a second offense Los Angeles DUI might merit.

According to reports, Nathan Mathers had been tooling around the suburbs of Macomb (near metro Detroit) when an ambulance pulled up behind him and flashed its lights and blared its sirens. Mathers did not pull over to let the ambulance by; the police subsequently arrested him. Mathers' BAC level was reported to be 0.17% - more than double the legal limit for Southern California DUI and Michigan DUI. He also allegedly failed roadside sobriety tests.

It’s unclear from the reports how precisely the Michigan police ascertained Mathers’ BAC level. As a Los Angeles DUI defense attorney might tell you, one of the most common ways to do this is to use what’s known as a Preliminary Alcohol Screening test (PAS), which in most cases is a simple breathalyzer exam. The way this works is that DUI suspects are asked to blow into a device, which then estimates BAC based on the alcohol content of the breath.

A Los Angeles Preliminary Alcohol Screening test is not required for all DUI suspects. Notwithstanding what police at the scene may tell you, if you refuse to take such a test, your license will not be immediately suspended (unless you are under 21 or on probation for a Los Angeles DUI, in which case, the police can immediately suspend your license.) PAS test results can be compromised in myriad ways. For instance, the more deeply you breathe into a breathalyzer, the higher your BAC reading will likely be. You can thus easily blow a false positive, even if your actual BAC is well below the legal limit.

Continue reading "Eminem’s Brother Pleads Guilty in Case That's Stirred Much Comment from Los Angeles DUI Blogs" »

Actor Shia LaBeouf, the star of the Transformers films is still on probation for his 2008 Los Angeles DUI arrest. The 23 year-old actor has is now dealing with the ordinary transportation problems that everyday people have when they have been arrested for a southern California DUI or for driving under the influence in Los Angeles. As recent paparazzi photos of LaBeouf walking away from his gym without the benefit of a car because he cannot legally drive due to a court-enforced probation.

It was almost a year ago the LaBeouf got arrested for Southern California DUI after he flipped hisFord pickup truck into oncoming traffic and struck another car. LaBeouf was injured in the accident as was his female passenger. The woman who was driving the other car the the actor hit also sustained minor injuries. LaBeouf was only convicted of a misdemeanor charge of 23152(a) of the California Vehicle Code.

After all, as an experienced Southern California DUI defense attorney might explain, according to California Vehicle Codes § 23152 (a) and 23153 (b), individuals who injure others while driving with a BAC of 0.08% or above can be charged with a felony. In fact, had any of LaBeouf's victims suffered “great bodily injury,” the actor could have faced three years in prison or more depending on the severity of the injury.

Continue reading "Shia LaBeouf Still on Probation for his 2008 Los Angeles DUI Arrest" »

Eddie Mekka, a 57 year-old actor and former lead character from the 1970s hit series Laverne & Shirley, was tagged for DUI in Las Vegas on July 7, just three days after a fellow comedian from the same generation (Joyce DeWitt from Three’s Company) got pulled over for driving under the influence in Southern California.

After Mekka (a.k.a The Big Ragoo) crashed his car, he allegedly failed his roadside sobriety tests. The Tony Award winning actor had been mounting a comeback, including landing substantial roles in recent hits like “It’s Always Sunny in Philadelphia” and “24.” Had the actor been pulled over in Southern California, he would have likely retained a Los Angeles DUI defense attorney to help him battle against violations of California Vehicle Code § 23152 (a) – which prohibits driving motor vehicles while under the influence of drugs or alcohol – and California Vehicle Code § 23153 (b) – which prohibits people from driving with blood alcohol concentrations of above 0.08%.

Given that Mekka’s crash apparently did not lead to serious injuries or property damage, chances are that he will be able to avoid facing felony charges. However, even seemingly cut-and-dry DUI cases can evolve into complex matters. If, as a defendant, you’re not prepared to meet what the prosecution throws your way, you could wind up paying extremely stiff fines, serving a long jail sentence, and enduring other penalties, such as a lengthy driver’s license suspension.

Continue reading "Another Classic Hollywood Legend Booked for DUI" »

Russell Rhodes, a 50 year-old anchor for WTVT Channel 13 in Tampa, has pled no contest to a misdemeanor charge stemming from a January 16, 2009 DUI arrest. Although Rhodes was not charged with a Southern California DUI (in fact, his arrest occurred in Southern Florida), his ordeal caught the attention of many legal watchers here in Los Angeles.

According to reports, a deputy stopped the TV host in a parking garage out of suspicion that Rhodes was driving under the influence. Rhodes fled from the officer on foot. The officer pursued and, in an attempt to detain his suspect, tackled the TV host to the ground, causing bruising and facial bleeding (evident in the attached mug shot).
Had a skillful Southern California DUI defense attorney been handling his case, Rhodes might have been able to get all charges against him excused and even take legal action against the deputy who hit him. That said, Rhodes' sentence of 50 hours of community service and half-a-year of probation is relatively mild compared to punishment for a Los Angeles DUI, which can include a battery of unpleasant penalties.

Even for a first time misdemeanor, a suspect may have to pay a fine of $1,000, endure a driver’s license suspension of a year (with no restricted license privileges), and face a minimum of 48 hours in police custody and a maximum of half-a-year in jail. In addition, first time offenders can also face probation, steep court costs, and mandatory time in Los Angeles DUI alcohol school. Multiple offenders face increased minimum mandatory jail time as well as longer license suspensions, steeper fines, higher court costs, stricter probations, and other penalties.

Continue reading "Arrest of Morning TV Host Has Los Angeles DUI Blogs Buzzing" »

Today, actor Thomas Jane is the toast of Hollywood. The star of the HBO surprise hit "Hung" has found himself gracing the covers of celebrity magazines and leveraging his newfound success to score feature roles. However, Jane's March 2008 Southern California DUI arrest continues to haunt both him and his publicist.

Salacious Arrest Details

The California Highway Patrol arrested Jane more than 16 months ago for zipping down a California freeway at "an extremely high rate of speed" while driving on a suspended license -- while in a Maserati, no less. Jane failed roadside sobriety tests and was subsequently arrested at the scene. His seemingly cliché celebrity Southern California DUI drew an inordinate amount of media attention at the time, perhaps because of Jane's publicly rocky marital battles with actress Patricia Arquette.

Perhaps Jane would have taken his Maserati down a gear had a Los Angeles DUI defense attorney explained the kinds of punishment for Southern California DUI that first time offenders can face. The California court can impose a mandatory sentence of two full days in custody (with a maximum of up to half-a-year in jail). The maximum fine for first time DUI is $1,000 -- probably not much for someone who can afford to drive a Maserati. However, the Court can impose additional costs that can really add up in some cases. In addition, your driver's license can be suspended for a whole year -- with zero restricted license privileges. First-timers also must attend DUI alcohol school for a month and a half and serve probation. In certain cases, convicts may have to install interlock devices in their cars.

Continue reading "Southern California DUI Haunts Star of "Hung"" »

TV star Jeffrey Donovan (lead of "Burn Notice" on the USA Network) was arrested on July 12 for suspicion of driving under the influence. Since the incident took place in Miami Beach, Florida, it can't technically be classified as a celebrity Los Angeles DUI. However, the case has sent the blogs into a frenzy and captured the attention of the national media, in part due to Donovan's eccentric reaction to the arrest.

According to reports, the 41-year-old actor was tooling around in his 2009 Audi when he nearly rear-ended a local police car. Unsurprisingly, the cops pulled Donovan over and questioned him about his reckless driving. According to People Magazine, upon being questioned, Donovan admitted that he had drunk three glasses of wine and had taken over-the-counter Benadryl. He pleaded that he was only "borderline" but then proceeded to fail a roadside sobriety test. The police arrested him on the scene and later released him on $1,000 bail a few hours later. At this moment, it remains unclear how, if at all, Donovan's arrest will impact the filming of Burn Notice.

Had Donovan consulted a qualified Southern California DUI defense attorney prior to speaking with the police, perhaps he would have avoided his embarrassing half-admission of guilt. Often, individuals pulled over for and elsewhere make the mistake of "over-cooperating" with law enforcement, thus blunting their chances for a good defense.

What are some common field sobriety tests used to determine whether someone has been driving under the influence in Southern California?

Once you are stopped by the police for your Los Angeles DUI, the police will begin to administer field sobriety tests. These test include the following:

One Leg Test -- a driver is asked to balance on one foot for half a minute. If he or she falls over, this generally counts as a failure.

Horizontal Nystagmus Test -- an ad hoc eye examination designed to test pupil reaction times.

Rhomberg Test -- similar to the One Leg Test, this is a half-minute exercise. The driver is asked to tilt his head backwards. If he loses his balance, he fails.

Finger to the Nose Test -- The driver must close her eyes and touch her nose with her finger. Theoretically, intoxicated drivers are less likely to "find" their noses.

Continue reading "Another Celebrity Southern California DUI Arrest? -- Not Quite, This One Took Place in Southern Florida" »

On July 9, one of Florida's most celebrated chefs got pulled over under suspicion for DUI after patronizing a local strip club. The arrest of Tim Creehan has gotten the attention of defendants across the country, including many individuals charged with Los Angeles DUI.

According to a report put out by the Destin Log, Mr. Creehan had been carousing at a local strip joint named Sammy's prior to his arrest. A patron noted that the chef had been drinking to excess and alerted the police, who pursued Mr. Creehan to the Destin Bridge. An Okaloosa County Sheriff's Deputy observed him weaving in and out of lanes, crossing the center divider, and nearly driving off the road near the Pelican Beach Resort.

Had a competent Southern California DUI defense attorney been on hand to advise Mr. Creehan, chances are that he or she would have counseled the chef to behave differently than he did. After being pulled over, Mr. Creehan immediately blurted out "Sir, I'm drunk," according to reports. He then promptly failed field sobriety tests and refused to take a breathalyzer, after which he was arrested and transferred to Shallmar Courthouse. A plea arrangement has been scheduled for August 4.

The roadside breathalyzer test is by far the most common Los Angeles preliminary alcohol screening test. A suspect is asked to blow into a device, which records an estimate of blood-alcohol concentration (BAC) based on the chemical composition of the breath. If you have a BAC of above .08%, you can be arrested for driving under the influence in Southern California. Problems with breathalyzer tests abound, however. They can yield false positives. Even accurate readings can be misinterpreted. Equipment malfunctions, officer bias, and other factors can also skew BAC readings.

Continue reading " A-List Chef's Arrest May Influence Southern California and Los Angeles DUI Cases" »

Howard Stern's cohost and fellow comedian, Artie Lange, was pulled over for DUI in New Jersey on July 10, 2009, reports TMZ.com. Even though the incident took place in New Jersey, the arrest quickly garnered national attention and lit up blogs devoted to Los Angeles DUI arrests.

According to TMZ.com, the overweight, affable and candid comic found himself in hot water after he got into a minor car accident in Toms River, New Jersey. No one was seriously hurt when Lange's 2009 Nissan Sentra plowed into the victim's 2004 Pontiac. Nevertheless, police booked Lange with charges of careless driving and driving under the influence. The comedian -- who's known for his confessional, humorous digressions about his addiction and weight problems -- recently published a New York Times best-selling book, "Too Fat to Fish."

If a Southern California DUI attorney had been advising Lange, he no doubt would have emphasized to the press that -- despite the comedian's history of substance abuse -- it may be premature to judge whether or not the defendant was DUI at the time of his arrest. Some symptoms that police officers look for when investigating reports of driving under the influence in Los Angeles and elsewhere include:

Stumbling and lack of coordination

Failure to respond to questioning (or slow or incoherent responses)

Odor of alcohol

Ineffective motor skills

Reckless or negligent driving

Disheveled appearance

Slurred or fragmented speech

Bloodshot or teared-up eyes

Just because a suspect exhibits one or even all of these symptoms, however, doesn't necessarily mean that he or she should be arrested for DUI in Los Angeles. Medications, medical conditions (such as type 2 diabetes), equipment failures and human biases can all lead to false arrests. This is not to say that Artie Lange is or is not guilty of the charges pending against him. However, if you or someone you love has been put in a position where you have to defend against similar charges, your Southern California DUI defense attorney may be able to challenge the charges on several different grounds, particularly if he has had experience prosecuting cases as well.

Continue reading "Howard Stern Cohost Arrested after Car Accident -- Incident May Hold Implications for Others Arrested for Driving Under the Influence in Los Angeles" »

On Thursday, July 9, Cuban superstar rapper Pitbull (also known as Armando Perez) was found not guilty of driving under the influence in a decision that has frustrated some non-celebrity Los Angeles DUI defendants, who've contended that the famous Cuban rapper (who's most renowned stateside for the hit song, "Mr. 305") got off the hook just because he's wealthy and well-known.

Perez employed a DUI defense attorney to make his case. By employing a top notch DUI defense attorney, he was able to use the law and the facts to his benefit. These tactics are used by many celebrity Southern California DUI attorneys utilize. According to reports, Perez had been driving well over 90 mph on the Palmetto Expressway in a Mercedes, when he zipped past a police officer, who pulled over the rapper for traveling in excess of 40 miles over the speed limit. According to law enforcement testimony, Perez failed a Breathalyzer test, smelled strongly of alcohol, and punted every single field sobriety test administered. Nevertheless, the jury bought the defense's argument that Pitbull had in fact been targeted for arrest simply because he was a celebrity. The jury reached its decision after just three hours of deliberation.

Before arresting subject suspects for California DUI, officers can administer what are known as field sobriety tests. These ad hoc examinations help officers ascertain whether suspects are under the influence or not. They can include:

Walk the line test -- the driver is asked to walk in a straight line. If he or she cannot, the officer may suspect that drug or alcohol use has impaired coordination.

Rhomberg test -- suspect is asked to tilt his or her head backwards and count up to 30. The theory is that inebriated drivers will tip over or lose their balance.

Finger to the nose test -- a suspect is asked to close his or her eyes and touch a finger to his or her nose. Suspects with high BAC levels theoretically will not perform this test as well as sober individuals.

Horizontal gaze test -- a suspect is asked to follow a bouncing visual stimulus, such as a light or a finger. Theoretically, intoxicated individuals will show decreased eye coordination.

Stand on one leg test -- the suspect is asked to stand on one leg for 30 seconds. The theory is that, individuals over the legal limit will lose their balance easier than will sober individuals.

Field sobriety tests and other exams that officers use to ascertain whether someone's been driving under the influence in Southern California can be subject to a myriad errors, misinterpretations, and biases. That's why it's so important for anyone pulled over for a Los Angeles DUI -- celebrity or not -- to connect ASAP with effective, experienced, and reputable legal counsel.

Continue reading "Cuban Rapper Pitbull Found "Not Guilty" in Case That Should Also Be Used In Non-Celebrity Southern California DUI Cases" »

A study published in the May 2009 issue of the journal Alcohol and Alcoholism suggests that excessive media play for celebrity cases of driving under the influence in Los Angeles may be dulling viewers to the seriousness of drug and alcohol related driving dangers. Researchers cited coverage of the Los Angeles DUI process as it relates to celebrities like Nicole Richie, Lindsay Lohan, and Paris Hilton. According to a statistical meta-analysis, among celebrity DUI stories published in The New York Times and People Magazine, fewer than 4% of stories referenced injuries (or potential injuries) caused by the reckless behavior.

The Baltimore-based study, a joint venture between Johns Hopkins University and The Bloomberg School of Public Health, suggests that Southern California DUI matters can provide teachable movements for the populous.

One idea that some experts have discussed is to provide knowledgeable Southern California DUI defense attorneys more air time to discuss the ramifications of making bad choices behind the wheel. In may cases, former prosecutors who now practice Los Angeles DUI law know the process from both side, prosecution and defense. If the public begins to view these celebrity cases as more than tabloid fodder, perhaps more people will adopt better considered habits on the road.

According to California Vehicle Code section 23153(b), a person who drives a motor vehicle with a blood alcohol concentration of 0.08% or more and who subsequently hurts another person while driving can be charged with a felony. If convicted, the offender can lose his or her right to vote, serve prison time, pay substantial fines, and face other penalties. California Vehicle Code section 23153(a) elevates a standard misdemeanor DUI to a felony DUI in the event that the driver causes an injury to another human being.

Given the sobering punishments that convicted offenders can face, if you or someone you know has been charged, now is the right time to connect with a knowledgeable, effective, and well-respected Southern California DUI defense attorney.

Continue reading "Media Coverage of Celebrity Los Angeles DUI Cases May Not Be Effective Deterrent, a Study Suggests" »

A-list actress Lindsay Lohan, star of movies like Mean Girls and Freaky Friday, is back in the public spotlight over allegations of alcohol abuse. Her high-profile Southern California DUI in 2007 electrified tabloids and bloggers alike and led to speculation that Lohan had serious and perhaps even uncontrollable drinking problems.

Dr. Drew Pinsky, host of Celebrity Rehab with Dr. Drew, recently weighed in on Lohan’s alcoholic proclivities, suggesting that the actress would not come clean until she receives “a nearly mortal wound of some type.” Lohan responded with an angry public twitter message, in which she accused Dr. Drew of not being a “real” doctor. Meanwhile, a UK celebrity tabloid reported that Lohan had been spotted recently at a British club drinking, muttering to herself and generally acting like she was “in the middle of a complete breakdown.”

With the help of a Southern California DUI defense attorney, Lohan managed to avoid severe punishment for her 2007 Los Angeles DUI charges. But individuals caught driving under the influence in Southern California multiple times can face serious penalties.

Second time DUI offenders:

Typically charged with a misdemeanor
Minimum jail time between four and ten days
Must attend alcohol school for a minimum of 18 months
Can have their drivers’ license suspended for up to two years

Third time DUI offenders:

Minimum of 120 days in jail
Much steeper fines
Longer time in DUI alcohol school
Drivers’ license suspension with no chance of a temporary restricted license for school or work

Forth time DUI offenders:

Can face up to three years in prison
Additional increases in fines and driver’s license suspensions

Given how severe the punishment for a Los Angeles DUI can get for recidivists, offenders are well advised to connect quickly with a client-focused, effective Southern California defense attorney. An active legal strategy can minimize your penalties and maximize your chances of effectively recovering from your alcohol problems.

Continue reading "Actress Lindsay Lohan Back in the News for Alcohol Related Reasons – But Fortunately Not another Los Angeles DUI" »

Billy Lane, star of the Discovery Channel reality show Monster Garage, has entered a plea bargain arrangement pursuant to a Labor Day 2006 accident that resulted in the death of a fellow motorist. The incident took place in Melbourne Beach, Florida, on State Road A1a on September 4, 2006. Lane careered his Dodge pickup truck into a Yamaha bike driven by victim Gerald Morelock, who died at the scene.

As many Southern California DUI defense attorneys may have done, Lane’s lawyer advised his client to accept a plea bargain arrangement with prosecutors to serve nine years in exchange for dropping the charge of DUI manslaughter. Lane now will plead guilty to vehicular homicide. This is a more favorable charge because it does not include a reference to the alcohol element. The reality TV star faces sentencing on August 14.

Cases similar to Lane’s in Los Angles would likely be governed by California’s Vehicle Manslaughter Law, which allows prosecutors to charge offenders in many different ways. Perhaps the most serious is the charge of gross vehicular manslaughter while intoxicated, which is defined according to California Penal Code 191.5(a). For a prosecutor to prove this charge, he or she must show that the offender had acted in a reckless way that created an inordinately high risk of serious bodily injury or death to others. Furthermore, a reasonable person in a similar situation would have realized that the recklessness would have constituted such a risk.

Continue reading "Celebrity Motorcycle Builder Billy Lane Accepts Plea Bargain in A Case That Could Have Ramifications for Others Charged with Southern California DUI" »

NBA legend Charles Barkley, 45, was arrested for driving under the influence of alcohol near Southern California (technically, Scottsdale, AZ) on the morning of December 31st, 2008, after he zoomed through a stop sign. Barkley allegedly told the officer who stopped him that he was in a hurry to rendezvous with a woman who had promised him oral sex. The 45-year-old NBA super legend, TNT announcer, and golf aficionado refused a breathalyzer test at the scene and was subsequently arrested. He later plead guilty to the charges and spent three days in jail. He also agreed to spend time in an alcohol treatment program and to pay a mandated fine of $2000.

Driving under the influence in southern California and southern Arizona carries significant penalties, and offenders are usually advised to retain a veteran DUI attorney. In a May 2009 interview, Barkley expressed regret for his DUI. He also publicly admitted to driving under the influence of alcohol hundreds of times since he began playing in the NBA back in 1984.

The breathalyzer test that Barkley refused can be easily confounded, research shows. A Los Angeles DUI attorney might attack the results of a similar breathalyzer test according to a number of angles, including:

* Breathalyzers do not discriminate between men and women; since men and women process alcohol at vastly different rates, the results can thus easily get skewed.

* Most breathalyzers don't distinguish between ethanol (the active compound in drinkable alcohol) and other chemicals that could be in someone's system.

* Tests show wide variability in determining BACs for diabetics and others with metabolic disorders.

* Tests can falter due to poor instrument care, incorrect test administration, inaccurate calibration, bad readings, and police officer bias.

Continue reading "NBA Legend Barkley Adhering to Terms of Probation Set after January 1st DUI near Los Angeles" »

On April 2nd, New York Yankees pitcher Joba Chamberlin was arrested in Lincoln, Nebraska for driving under the influence. Chamberlin took a breathalyzer test, which showed that his BAC was 0.134 -- nearly twice Nebraska’s 0.08% limit. Had the 23-year old pitching phenom been arrested for a Southern California DUI with the same BAC, he could face significant and consequential charges, such as license suspension, fines, probation, and jail time. Had a Southern California DUI defense attorney been advising Chamberlin, he likely would have urged the Yankee pitcher to have behaved slightly differently during the arrest.

Facts of the Case:

In October 2008, Joba Chamberlin was driving a BMW on a Lincoln Highway at around 1 a.m. when a Nebraska Trooper pulled him over for erratic driving behavior. The trooper noticed that Chamberlin had a large bottle of Crown Royal Whisky in the front seat. Chamberlin admitted to the officer that he had been drinking significantly and he even admitted point blank to driving under the influence. Although, it was wise on Chamberlin’s part to behave courteously, his preemptive admission of guilt likely tied up his potential defense options.

The breathalyzer test, also know as the Preliminary Alcohol Screening (PAS) test, is not mandatory for most drivers accused of a Los Angeles DUI. Indeed, refusing to take this Los Angels Preliminary Alcohol Screening test will not result in your driver’s license being suspended instantly, even if an arresting officer tells you otherwise. The point of the PAS is to establish what’s known as probable cause to place you under arrest for a Southern California DUI.

To avoid making errors when proceeding with your DUI defense, seek out a Southern California DUI defense attorney ASAP to review your options and plan a strategy to combat the charges.

Continue reading "New York Yankees Pitcher Arrested For Driving Under the Influence May Hold Implications for Southern California DUI Offenders" »

Los Angeles Felony DUI and Southern California felony driving under the influence cases have increased recently. Prosecutors can file felony charges on a DUI charge if the a person is driving under the influence of alcohol or drugs, or has a blood alcohol level of .08 or higher, and a person, other then the driver, is injured in an accident. If the prosecution is going to file the charge then it would be under California Vehicle Code section 23153. In California, the if the person is simply driving under the influence, then the person must also violate some traffic law or have an accident. If a person has been arrested for a Los Angeles DUI, then it is best to immediately hire a pre-filing Los Angeles DUI defense attorney that can meet with the police or the prosecutor to see if facts can be brought to light to convince the prosecution not to file a felony.

Another way for the prosecution to charge a felony is if the driver has a bad record of driving under the influence. A conviction of three or more DUIs in a ten year period allows for the next DUI to be charged as a felony.

Lastly, the prosecution may charge a person with a felony DUI in Southern California if the person has previously been convicted of a felony DUI. Then, any subsequent DUI will be charged as a felony.

Continue reading "Los Angeles Felony DUIs are on the Increase" »

Mindy McCready, a country music singer and former lover of pitching legend Roger Clemens, is on her way to Los Angeles, following multiple DUI arrests in other states, to join the cast of Dr. Drew's Celebrity Rehab. Other cast members will include basketball star Dennis Rodman, actress Heidi Fleiss, and an array of other celebrities, some of whom have been arrested for driving under the influence in Southern California.

McCready's troubles started in 2004, after she was arrested for illegally purchasing prescription drugs. One year later, in May 2005, she violated her parole arrangement and got pulled over for DUI. In July 2005, she was arrested yet again, this time in Arizona for identity theft, illegal use of transportation, and other charges. McCready's serial violations of parole and ongoing troubles with DUI have created headaches -- both legal and career-related -- for the country music phenom. After being represented by a DUI defense attorney, McCready was recently released early from jail in October 2008 due to good behavior. She's hoping that Dr. Drew's Celebrity Rehab will introduce her to tools to avoid future charges for DUI in Los Angeles and elsewhere.

Pursuant to California Vehicle Section 23152(b), drivers who collect three Los Angeles DUIs within a ten-year period can be charged with a felony count, regardless of whether each individual deal would ordinarily have constituted a misdemeanor. Felony DUI charges can result in jail time, serious fines, license suspension, and an array of long-term problems. Convicted felons in California also lose the right to vote; and having a criminal record can make it harder to find employment, secure housing, get insurance, and take out loans.

Continue reading "Country Singer Arrested for Multiple DUIs, is Los Angeles Bound" »

Celebrity gossip website Tmz.com is reporting that Jani Lane, the front man for the big hair band Warrant, was arrested on Wednesday for Los Angeles DUI. According to report, the 45 year-old singer--best known for the ’80s hit song Cherry Pie--careered into a parked car at around 9:30pm in the Woodland Hills area. The fact that Lane may have caused some property damage may complicate his defense against the charge of driving under the influence in Los Angeles.

Fortunately, neither Lane nor anyone else appears to have been injured in the accident. However, a report suggests that Lane had been acting drunkenly after police arrived at the scene, and his post-accident behavior may further complicate his case. A top notch Southern California DUI attorney could investigate whether Lane might be eligible for alternative sentencing options, such as rehab and treatment, instead of jail time and severe fines.

As of this posting, Lane remains behind bars at the Van Nuys Division of The Los Angeles Police department pending a $30,000 bail. According to California Vehicle Code section 23152 (a), driving a motor vehicle while “under the influence” of alcohol and/or drugs constitutes a state crime that can be punishable by:

• Jail sentence
• Substantial fines
• Driver’s license suspension
• Points on your record at the DMV

Alternative or reduced sentences may be available to some defendants, including:

• Community service
• Mandatory drug/alcohol counseling
• Probation
• Smaller fines/less jail time

Fortunately for Lane, reports suggest that he will face a misdemeanor charge--not a felony. This is a ray of good news for the glam metal star, in that felony DUIs carry strict mandatory punishments, including jail time and license suspension, and can be more expensive to defend.

His sentence may also depend on details that have not yet been reported, such as:

• Did Lane submit to a blood, urine, or breathalyzer test?
• Has Lane been arrested previously on charges of driving while intoxicated in Southern California?
• How much property damage did he do, if any?

Continue reading "Lead Singer of ’80s Glam Band Busted for Los Angeles DUI" »

In July 2006, actor Mel Gibson was arrested for a Los Angeles DUI. His subsequent rant at a Malibu police station sparked outrage from many quarters due to its sexist, anti-Semitic, and generally ridiculous nature. On Saturday, May 30th, actor Brad Pitt revived those bad memories for Gibson at Spike TV's Guys Choice Awards, while accepting a “Guys Hall of Fame” award for his 1999 movie, Fight Club. Had Gibson hired a top notch Los Angeles DUI defense attorney, he might not have been convicted of his Southern California driving under the influence charge.

As Pitt received his award from Gibson, he grinned at his counterpart and said “thanks, sugar t**s!” -- a clear reference to a widely publicized sexist remark Gibson made to a female sergeant at the Malibu police station, where he was remanded following his drunk driving escapade.

Slip of the Tongue?

For weeks following Gibson’s rant, his “sugar t**s” remark served as fodder for blogs and talk shows. On top of the actor’s harassing comments, he also allegedly made drunken remarks claiming that Jews had been responsible for all the world's major wars. The anti-Semitic comment earned him ire from Jewish groups like the Anti-Defamation League. At the time, speculation abounded about whether Gibson's drunkenness could have explained his paranoid comments about Jews and saucy remarks to the sergeant.

While research has shown that people arrested for drunk driving in Southern California can behave abnormally and defensively; behavioral psychologists have disputed Gibson's defense that his perverse comments were “caused” by alcohol alone.

In any event, Pitt’s playful decision to reopen the can of worms that was Gibson’s Southern California DUI may or may not have sat well with the actor/director responsible for films like Braveheart, The Passion of the Christ, and Apocalypto. But it certainly entertained the Spike crowd and kept the tabloids busy.

The more serious lesson here is that getting arrested for driving under the influence in Los Angeles can lead to long-term problems, particularly if the defendant does not handle himself or herself with grace and care.

Continue reading "Brad Pitt Rips Mel Gibson for his 2006 Los Angeles DUI" »

Lori Petty, an actress best known for her roles opposite Keanu Reaves in “Point Break” and opposite Tom Hanks in “A League of Their Own,” was arrested for felony Los Angeles DUI on Saturday, after she plowed into a 14-year-old skateboarder in Venice Beach. Hitting a pedestrian while driving under the influence in Los Angeles automatically constitutes a felony charge.

According to an AP report, Petty had been zipping through the nearly empty streets of the beach town, when she sideswiped the boarder. The police arrested Petty at around 9:30 p.m. and took her into custody at a Van Nuys jail. Petty spent five hours at the station before securing her release with a hefty bail of $100,000.

For someone in Petty's position, hiring a top notch Southern California DUI attorney could prove crucial. Without a great defense, she could face severe penalties, even prison time.

When news of Petty’s arrest first broke, celebrity gossip sites buzzed with reports that the incident had been more serious than it turned out to be. The young skateboarder was treated at the scene for minor cuts and bruises; Petty escaped physically unharmed.

According to a Los Angeles police spokesman, Petty was not carrying proof of insurance in her car. It's unclear whether the accident caused any property damage. It's also unclear whether Petty was, indeed, legally intoxicated at the time of her arrest: her toxicology reports have not yet been released to the public.

This Southern California DUI arrest could not have come at a less opportune time for the 45-year-old actress, who, after starring in several major films in the 1990s, had been mounting something of a career revival by making guest appearances on TV dramas like House and Prison Break.

A felony Los Angeles DUI charge can be quite serious. If convicted, a defendant can face significant jail time, steep fines, driver’s license suspension, and other punishments. To make your best defense, you must anticipate the prosecution’s charges and prepare accordingly.

Continue reading "Celebrity Charged with Los Angeles DUI -- B-List Actress Lori Petty Arrested on Felony Count" »