Los Angeles DUI Attorney Blog

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

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

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

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

But what if it had?

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

23153(a)

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

23153(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Southern California DUI crash has rocked the Manhattan Beach Police Department.

Here is the story, as reported in The Daily Breeze:

#1) On January 31, a car collided with two other vehicles at the intersection of Sepulveda Blvd. and Manhattan Beach Blvd.

#2) The driver fled the scene and abandoned his vehicle at a nearby Arco Gas Station parking lot.

#3) Police called in to investigate discovered that the driver was one of their own -- a fellow Manhattan Beach officer.

#4) Instead of arresting their cohort for Southern California DUI and hit and run, the officers did not issue any report or make any arrests.

#5) News of this dereliction of duty reached the Manhattan Beach Chief of Police, Rod Uyeda, the next day.

#6) Uyeda quickly alerted the LA County Sheriff’s Department to conduct an internal investigation, and he issued a public statement to the community to reassure them that the actions of the few independently-minded police officers should not be construed as indicating that the Manhattan Beach Police Department would condone or tolerate bad behavior.

Fortunately, the two other drivers hit on January 31st suffered only minor injuries (and some property damage to their vehicles). The Southern California DUI hit and run cover up comes on the heels of a similar incident last September that took place in Torrence at the corner of Robert Road and Pacific Coast Highway. (A Torrence police sergeant drove under the influence of alcohol, hit another vehicle, and sped away from the scene.)

California Vehicle Code Sections 23153(a) and 23153(b) stipulate that it is a violation of California law to injure another person while driving under the influence of narcotics or alcohol. If you hurt another person while driving with a BAC of 0.08% or higher, you can be slapped with a felony charge and face life changing penalties, including jail time, high court costs and fines, drivers license suspension, forced restitution to victims of the injury, and more.

If you’ve been hit with a charge of driving under the influence in Los Angeles, you’re likely feeling anxious, nervous, and confused. Take proactive steps to gather yourself and begin to craft an appropriate defense to the charges against you.

Continue reading "Hit and Run Southern California DUI Accident Embroils Manhattan Beach Police Department in Scandal" »

Super Bowl Sunday is a dangerous day for Southern California DUI incidents. Statistically, only New Year’s Eve sees more Los Angeles DUIs. We’re going to take a look at Southland DUI statistics for Super Bowl Sunday.

• According to the Orange County Register, in 2009, 11 people died in DUI related accidents - more than 3 times the average for Southern California DUI deaths. Also last year, 160 DUI crashes were reported in CA - twice the daily average.

• The DUI spike is a known and serious problem. The Automobile Club of Southern California recently analyzed crash data and found that DUI crashes on Super Bowl Sunday leap 27% (220 people hurt/killed in DUI crashes vs. 174 people hurt/killed in DUI crashes on an average day in CA.)

• In Los Angeles proper, the spike is even spikier. We see a whopping 33% increase in Los Angeles DUI crashes/deaths on average for Super Bowl Sunday (72 people hurt/killed vs. 54 hurt/killed on a normal day).

Fortunately, the majority of Burbank DUI arrests and auto accidents end without injury to any party. Here in California, injury DUIs are covered by California Vehicle Code Section 23153(a) and 23153(b). Let’s dive into these two laws to get a better understanding of what they prohibit and how the mete out punishments.

According to 23153(a), a driver who would ordinarily be charged with a misdemeanor Beverly Hills DUI can be hit with a felony charge if she injures another person in an accident that can be clearly linked to her alcohol/drug use.

Section 23153(b) says that someone who drives with a BAC of 0.08% or more and who then violates California traffic laws and directly or indirectly hurts another person can be sent to prison. This section also lays out other punishments that can be imposed, such as court fines, jacked up insurance rates, and forced restitution to the victim or the family of the victim.

That being said, just because you're arrested for driving under the influence in West Hollywood (or elsewhere in Southern California, such as Long Beach or Burbank), and someone got hurt in the accident doesn’t mean that you will be slapped with a felony charge. For the prosecution to succeed with a case against someone for violating 23153(a) or 23153(b), they must show that the driver violated traffic laws, behaved negligently, and caused the accident.

For instance, if you drove DUI (BAC of 0.08% or above), but the other driver caused the accident: you can still get a misdemeanor DUI, but you won’t likely get a felony DUI. Likewise, if you drive DUI and caused an accident, but you did not violate any traffic laws or act in a negligent way then you will be susceptible to a misdemeanor charge but likely not to a felony.

To sort everything out, it helps to work hand in hand with an attorney who has lots of experience.

Continue reading "Southern California DUI Statistics for Super Bowl Sunday 2010" »

Last Friday, Corporal Elijah Fergusson (22) was sentenced for Southern California DUI manslaughter for a February 22nd, 2008 car accident that resulted in the death of an area doctor, Dr. Michael Sein.

On the night of the accident, Fergusson, a young marine who had just returned from a tour of duty in Iraq, had been playing drinking games on his marine base. His friends hid his car keys. But then Fergusson got into a phone altercation with his wife, who threatened to leave him. Determined to see her and his young child, the marine allegedly bullied his subordinates into letting him drive a Dodge Cavalier. But he got lost on the way to his house and ended up on McArthur Boulevard, where he slammed into the back of Seins’ vehicle at 74 mph.

Fergusson’s attorneys had argued that the marine got PTSD on his tour of duty in Iraq and that therefore he should be let off with a more lenient sentence. In the end, Judge Ronald Bauer of Superior Court agreed with the Deputy District Attorney’s recommendation of 15 years to life for the DUI manslaughter. (The family of the victim had asked for a 21 year to life term.)

The distinction between Southern California DUI vehicular manslaughter and DUI murder can be subtle. Most non experts assume that charges of vehicular manslaughter, gross vehicular manslaughter while intoxicated, and DUI murder are interchangeable. But in fact they are extremely different. They carry different penalties and require different burdens of proof.

In California, a vehicular manslaughter charge can be filed if a driver causes a traffic accident due to negligence, gross negligence, or the commission of a traffic infraction. Whether or not you were under the influence when the accident happened is immaterial for this charge.

The charge of gross vehicular manslaughter while intoxicated is far more serious -- pursuant to penal code section 191.5(a), the prosecution must prove four points in order for this charge to stick:

1) The suspect was driving under the influence in Southern California with a BAC level of 0.08 percent or more.
2) The driver committed an infraction, misdemeanor, or other act that could lead to death.
3) The infraction, unlawful act or misdemeanor could lead to someone’s death “with gross negligence.”
4) The grossly negligent actions of the driver were the cause of the death of somebody.

DUI murder charges are even more serious. These charges are often called “Watson murders.” If convicted, an individual can face 15 + years to life in jail. Watson murder charges are typically only brought in extreme cases. For instance, if the suspect has numerous DUI convictions and then gets behind the wheel while under the influence and kills someone, he or she might be subjected to a Watson murder charge.

If you or someone you know or love has been charged with vehicular manslaughter, gross vehicular manslaughter while intoxicated, or DUI murder in Southern California, you likely need a solid, well versed attorney to represent you.

Continue reading "Sentencing Issued in Southern California DUI Manslaughter Case" »

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

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

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

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

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

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

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

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

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

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

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

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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" »

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

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

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

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

Disheveled appearance

Bad driving

Obviously impaired motor skills

Slow responses to officer questions

Bloodshot, watery, or unfocused eyes

Disorientation

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

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

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

Given the potentially devastating penalties that could result if you're convicted of a Southern California DUI charge, you want to exercise an abundance of caution before getting behind the wheel after you’ve consumed any amount of alcohol. What are some ‘red flags’ that indicate that you might want to turn to a designated driver or take a cab?

1. You fail self administrated "roadside sobriety tests."

Tests like the horizontal gaze nystagmus test, the walk-the-line test, the Rhomberg test, and the finger-to-the-nose test may be useful for certain individuals in certain situations. But remember that just because you pass any of these tests (or even all of them) with flying colors does not necessarily mean that you are sober and ready to get behind the wheel.

2. You fail a self-administered breathalyzer test.

Breathalyzers can sometimes give a fair bead on your BAC level. As any Southern California DUI attorney will tell you, the normal threshold for DUI in California is a BAC of 0.08%. But just because you blow a BAC of less than that doesn’t mean that you're necessarily sober and ready to drive. Of course, blowing a BAC of greater than 0.08% doesn’t necessarily mean that you ARE above the state’s legal limit either. In other words, these tests do not have a wonderful track record for accuracy; and in fact false-positive test results often lead to unfair Southern California DUI convictions.

3. You notice dispositional changes.

If you experience symptoms such as bloodshot eyes; an inability to complete sentences; a tendency to slur speech; impaired motor skills; or a retarded ability to complete sentences, definitely think twice before getting behind the wheel. Perhaps more tellingly -- if people around you hint or joke that you're acting drunk -- this should be taken as a huge sign to exercise caution.

4. You are under 21.

If you're a minor and you have even a slight amount of alcohol in your system, you can be tagged for driving under the influence in Southern California. Anyone under age needs to be extra cautious not to get behind the wheel in such situations.

5. You notice any intolerance to alcohol.

Your body's ability to metabolize alcohol changes. Individuals with diabetes, insulin resistance, or even a common cold can be far more susceptible to the effects of alcohol than healthy individuals, for instance. Other factors that can influence your tolerance include your stress level, your weight, your gender, your level of fatigue, whether or not you consumed foods before drinking, whether you recently consumed narcotics or medications, and so forth.

To summarize, there is no ‘standard candle’ to guide you in all situations. Frustratingly, even if you follow the state’s posted guidelines for responsible driving, you may still potentially encounter legal problems.

Here's a useful rule of thumb: always exercise an abundance of caution. Be very conservative when you make decisions about whether to drive or not. If you have any doubt about whether you may be too intoxicated to get behind the wheel, don’t drive. Call a cab. Ask a friend to drive you home. But don’t risk potentially injuring yourself, hurting others, destroying property and sidelining your future.

If you or a friend or family member has been arrested for driving under the influence in Southern California, Attorney Michael Kraut of the Kraut Law Group can provide guidance. Attorney Kraut spent many years working as a Los Angeles DUI prosecutor, and he understands how to craft a superior defense as a result of his prosecutorial experience. Attorney Kraut is an alumnus of Harvard Law School, and he’s committed to compassionate and attentive client care.

Continue reading "Red Flags That Indicate You May Be At Risk for Southern California DUI" »

Most people are well aware of the dangers of driving under the influence in Los Angeles. However, alcohol intoxication appears to be just one of many factors that predispose drivers to hurt themselves and others.

According to the National Highway Traffic Safety Administration (NHTSA), nearly a quarter of the 6+ million car accidents reported every year in the U.S. can be traced back to driver distraction. The NHTSA, in conjunction with the Governors Highway Safety Association (GHSA), the American Automobile Association (AAA), and other foundations and organizations have conducted extensive studies to determine key distracting factors. They found that common distractions include:

• Eating in the car
• Changing the radio or CD player
• Talking/interacting with other passengers
• Grooming/application of makeup
• Texting/cell phone use
• Rubbernecking
• Fatigue

Researchers at Virginia Commonwealth University (VCU) also analyzed what causes driver distractions. These scientists examined 2,700 crashes and found that the number one distraction was rubbernecking -- which caused 16% of the accidents in the study. Driver fatigue accounted for 12%. "Looking at scenery or landmarks" accounted for 10%. Passenger distractions caused 9%. Changing a radio station or CD caused 7%. Cell phone use caused 5%. Failure to keep "eyes on the road" caused 4.5%. Daydreaming lead to 4%, as did eating and drinking; and adjusting car controls. Distracting weather conditions; medical/emotional problems; "unknowns"; animal distractions; and problems with directions/maps accounted for the other 10% of crashes.

As a reputable Southern California DUI attorney would readily admit, just because an array of factors can distract drivers doesn't exculpate people who take to Los Angeles' freeways and surface streets while clearly impaired. However, the sheer diversity of possible distractions provides a sobering reminder of the scope of driver fallibility. In other words, to clamp down on unnecessary deaths, injuries, and property damage, we need to do more than just set up DUI checkpoints and hope for the best. We need to launch a broader campaign to get people to pay closer attention to the task of driving and to disincentivize people from engaging in behaviors that studies show increase risk for accidents and injuries.

Many symptoms of Southern California DUI parallel behaviors of distracted individuals. For instance: incoherent speech, poor motor skills, fumbling, and inattentive/incoherent verbal responses afflict both inattentive drivers and drivers operating under the influence of alcohol.

If you or a loved one has been arrested for a Los Angeles DUI, connect today with the attorneys here at Kraut Law Group. Attorney Michael Kraut spent many years in the trenches working for the city of Los Angeles on the prosecutorial side prior to switching over to representing defendants. He utilizes his wealth of expertise about how the prosecution operates to build strategically focused, results-oriented investigations. And as a Harvard Law School graduate, Attorney Kraut has the credentials to help you and your family get good results.

Continue reading "Driving Under the Influence in Southern California and Other Dangerous Activities" »

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?" »

According to a CBS news report, 41-year-old Silviano Ramirez has been arrested for misdemeanor DUI with injury in Los Angeles following a late evening collision near Lankershim Boulevard. At around 9:30 PM, Ramirez -- who was later tested to have a BAC level of 0.15% -- attempted a non-sanctioned U-turn and plowed into a patrol car, injuring both police officers inside and giving one of them a broken nose. The cop car ricocheted into a third vehicle, sending the driver of that vehicle to the hospital with injuries.

Ramirez was arrested at the scene and charged not only with driving under the influence in Los Angeles but also with driving on a suspended/restricted California license. He is scheduled to appear in Van Nuys Superior Court on Friday to face an arraignment.

You don't need a Southern California DUI lawyer to understand that crashing into a cop car while driving with a BAC of nearly twice the state's legal limit is asking for trouble. Yet although the suspect stands accused of DUI with injury, the terms of his punishment could vary substantially, depending on how badly he injured the two police officers and the other driver.

This is a key point. In most people's minds, all Los Angeles DUI injury cases "rhyme" -- that is, they're all punished roughly equally. However, the law -- as defined by two critical codes, California Vehicle Code Section 23153 (a) and California Vehicle Code Section 23153 (b) -- stipulates a diverse set of possible punishments. To convict you of a felony injury DUI, a prosecutor must make a special and concerted effort to show the following:

* You drove under the influence of alcohol or drugs
* You drove with a BAC of 0.08% or higher (can be less if, for instance, you're under 21 years of age)
* You disobeyed a traffic law (in this case, Ramirez conducted an illegal U-turn, so that would likely qualify as a violation)
* The illegal driving act directly led to the injury in question

A superficial assessment of this Southern California DUI case suggests that the defendant may have a particularly difficult road to hoe. For one, he hit police officers. Secondly, he injured the officers. He also made an illegal U-turn. Finally, he allegedly drove while on a suspended/restricted license.

Nevertheless, a methodical and battle tested Los Angeles DUI attorney could help him craft a logical and workable defense strategy.

Continue reading "Los Angeles DUI Suspect Charged with Smashing into Cop Car In North Hollywood" »

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" »