Los Angeles DUI Attorney Blog

The NFL is abuzz with reports of the latest celebrity sports DUI. This one's not the typical charge of driving under the influence in Southern California; rather it is a DWI arrest in the otherwise sleepy city of Indianapolis, Indiana. The suspect in question is Tajiddin Smith, a wide receiver for the Indianapolis Colts. Smith had been called up to the NFL just months ago (September), and he played last weekend in the Colts' battle against the New York Jets.

The 26-year-old Smith allegedly had been driving erratically -- swerving over the center divider in an area called Monument Circle -- when a police officer pulled him over. According to a local media outlet, Channel 6, Smith allegedly smelled like alcohol and had difficulty exiting his vehicle. He failed police-administered roadside sobriety tests and blew a BAC high above the state's legal limit. News Channel 6 also reported that Smith was charged with 'driving while intoxicated' (DWI) -- a potentially more serious charge than 'driving under the influence' (DUI).

If you're pulled over for driving DWI in Beverly Hills or DWI in West Hollywood or anywhere else in Southern California, it can help to have a working understanding of the standards by which officers must conduct themselves. In California, DWI suspects can be arrested in essentially two ways:

1) At predesignated 'DUI checkpoints,' which are set up explicitly to catch drivers in the act of violating California Vehicle Code Sections 23152 (a) and (b).

2) Drivers can be arrested via ad hoc traffic stops. Indeed, most Southern California DUI arrests occur after an officer observes a traffic infraction or other road violation -- such as swerving over the center line as Smith allegedly did. Other typical 'trigger' violations include: running stop signs or stoplights; speeding excessively; going too slow for traffic; and driving recklessly or aggressively.

In California, police may not act with impunity during these pullovers. Both the California Supreme Court and the United States Supreme Court have stipulated precise rules of conduct by which arresting officers must abide. If an officer makes a stop illegally, or if a suspect is denied due process, for instance, the charges against the defendant may be thrown out, irrespective of the validity of the allegations.

You need not be a sports celebrity to avail yourself of the best possible legal defense against charges of Beverly Hills DWI (or DWI elsewhere in Southern California).

Continue reading "Wide Receiver for Colts Busted -- Not for DUI in Los Angeles -- but Rather for DWI in Indianapolis" »

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

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

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

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

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

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

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

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

An epic holiday Southern California DUI crackdown began on December 18. According to a California Office of Traffic Safety press statement, 250 sobriety checkpoints will take place across California’s highways and byways from the 18th to the 3rd of January. California Highway Patrol Commissioner Joe Farrow said that the CHP will work hand in glove with 400 agencies across CA to reduce incidences of driving under the influence over the holidays.

All told, the CHP and other groups organized 1,700 total checkpoints in California in 2009. Next year, the police plan to an increase this number by 47 percent to more than 2,500 checkpoints.

In 2008, more than 214,000 people in California were arrested for driving under the influence -- a high watermark for the decade and the highest number of DUI arrests since the early ‘90s. In 2008, DUIs led to 28,000 serious injuries and over 1,000 deaths, according to CHP statistics. That said, the National Highway Safety Administration (NHTSA) -- via its Fatality Analysis Reporting System (FARS) -- found that DUI related deaths in the state have declined since 2005.

In the most egregious Los Angeles DUI deaths, a defendant can be charged with DUI murder. If convicted of this charge of second degree murder, a defendant can get 15 years to life in jail. But a DUI murder -- also often referred to as a “Watson Murder” -- can be difficult for prosecutors to win. For instance, prosecutors must show that the driver demonstrated “implied malice” and may have to show that he/she violated a signed statement called “the Watson advisement.”

More often, if you hit and kill someone while driving DUI in Los Angeles, you'll be charged with manslaughter under the California Vehicular Manslaughter Law (penal code 191.5(a)).

Defenses to Pasadena DUI manslaughter and murder charges can be developed -- after all, the prosecution has to meet a very high burden of proof to win these counts -- but if you or a loved one faces such charges, it may behoove you to consult ASAP with a qualified, experienced attorney.

Continue reading "Eighteen Day Southern California DUI Crackdown Begins" »

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" »

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" »

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" »