Los Angeles DUI Attorney Blog

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" »

Mel Gibson’s 2006 Los Angeles DUI arrest may have been the most written-about celebrity DUI arrests of the past decade. That’s saying a lot, given the wall-to-wall coverage that celebrity DUIs merit (see, for example, the DUIs for Lindsay Lohan, Nick Nolte, Stephanie Pratt, etc.).

Gibson’s arrest on Pacific Coast Highway on July 28, 2006 was relatively “ordinary” as far as Beverly Hills DUI arrests go. He was driving more than 40 miles over the speed limit with a BAC that later tested at 0.12% (California’s legal limit is 0.08%), when he was pulled over and arrested by Malibu police deputy James Mee. Gibson allegedly launched into an anti-Semitic rant, behavior that he later admitted was “despicable.”

Gibson and his publicists worked hard to put that memorable Southern California DUI arrest in the past. But old wounds opened on Wednesday February 3rd when the actor lashed out against Chicago television reporter Dean Richards (WGN TV), after Richards brought up the DUI during a TV interview about Gibson’s latest film, Edge of Darkness. Richards asked the actor about his “drinking problems” and “the anti Semitic rant.” Gibson shot back “that was almost four years ago, dude. I’ve moved on. I guess you haven’t.” Then, Gibson called the reporter an a****** -- apparently unaware that the cameras were still rolling. (Gibson and his publicists have since done another round of damage control to keep this latest bit of hostility under wraps.)

Any mention of Gibson’s arrest would be incomplete without a brief discussion of the penalties typically doled out for misdemeanor Southern California DUI. Even if it’s only your first time pulled over for driving under the influence, you can still be subject to any one (and possibly even all) of the following punishments:

• Six weeks of DUI alcohol school (maximum nine months)
• Strict terms of probation for release. You may have to check in with a California probation officer periodically and adhere to other conditions and terms to get released.
• One year suspension of California drivers’ license -- no restricted license allowed
• A $1,000 fine
• Court costs (which can be significantly more than $1,000)
• Mandatory jail time of two full days in custody (48 hours); maximum half a year in jail
• Mandatory installation of interlock ignition device (IID) in your vehicle. (For instance, had Gibson been arrested for a Southern California DUI today instead of in 2006, he would have been compelled by law to install an IID in his 2006 Lexus LS 430.)

How can you effectively construct a defense so you won’t have to endure these (many) penalties for driving under the influence in Burbank or elsewhere in Los Angeles?

Lawyers abound in Southern California who can nominally do this kind of defense work. But unless you're very careful about choosing, you can easily get second class representation, which could indirectly mean more stringent punishments and a longer, more costly road to rehabilitation. Fortunately, you have options…

Continue reading "Mel Gibson’s 2006 Los Angeles DUI Back in the News after Gibson Curses TV Reporter" »

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

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

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

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

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

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

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" »

Musician Mike Starr -- best known as the bass player for the ‘90s rock band Alice in Chains -- and former Hollywood DUI defendant -- is scheduled to appear on the second episode of VH1’s Celebrity Rehab with Dr. Drew. The reality series follows the journeys of eight different celebrities who are in treatment for drug and alcohol addiction recovery. This year’s series will follow the stories of (among others) tattooed basketball legend Dennis Rodman, Heidi Fleiss (the famed former Madame of Hollywood), and Kari Ann Peniche, a Miss United States Teen pageant winner.

Starr, 43, has been arrested multiple times for drug and alcohol violations in cities as far flung as Salt Lake City, L.A., Seattle, and Pasadena. In 1994, he was booked at a Houston airport for possession of narcotics. In September 28, 2008, he was pulled over for drug possession in Los Angeles. In 2005, Starr was arrested in Seattle for yanking the hood ornament off of a man’s car.

If you're caught driving under the influence in Pasadena, what exactly happens to you? How do the police know whether or not you're over the legal limit?

One method the police use to determine your blood alcohol content (BAC) level is the blood test. Whether you're arrested for DUI in Pasadena, DUI in Hollywood, or DUI anywhere else in Southern California, the blood test must be administered in a very precise manner. First, a sample is taken from the vein of the suspect. Then a qualified technician must ID it and transport it for further testing. The results must then be reported and interpreted. The blood sample is mixed with certain chemicals to prevent clotting, and police can choose from one of three acceptable methods to test BAC concentration.

Are blood tests always right?

Like breathalyzer tests, blood tests can yield what are known as false positives -- that is, they can give a reading above the CA legal limit of 0.08% even if a suspect was actually BELOW that number.

Unfortunately, many Pasadena DUI suspects do not realize how fallible these tests can be. At any number of nodes in the process, problems can occur that can skew results and lead to false positives. For instance:

• sample is not kept sterile;
• the preservative chemical mixture is improperly mixed;
• the sample is not refrigerated correctly or kept at the right temperature;
• the person who takes the blood sample does not have proper training or licensing;
• the alcohol used on the skin to sterilize contaminates the sample;
• the police mix up samples or improperly interpret results

So how can you prevent a false positive from getting you convicted of DUI in Pasadena? Your best bet is almost always to solicit the services of a trial-proven attorney who specializes in DUI defense.

Continue reading "Former Hollywood DUI Defendant to Appear on Celebrity Rehab with Dr. Drew" »

In January 2008, Chargers receiver Vincent Jackson got busted for driving under the influence in Southern California. Today - nearly two years to the day since that arrest - Jackson's driving troubles are again making headlines. Sunday night, just hours after the Chargers lost a bitterly contested battle against the New York Jets for the right to continue on in the playoffs -- Jackson got pulled over by San Diego police for blasting music from his car. The officer found that Jackson had been driving on a suspended license and had expired tags. San Diego 10 News reported that Jackson was not actually taken to jail -- but he did get handcuffed at the scene.

In addition to his January 2008 DUI charge, the troubled receiver is also grappling with a second Southern California DUI charge; his BAC level in that case was allegedly twice the CA legal limit of 0.08%. He got a continuance on this charge last week, but if he's ultimately convicted, the NFL could suspend him.

What happens when you're arrested multiple times for driving under the influence in Southern California?

Obviously, penalties increase. But how, specifically? And how might these increased threats impact defense strategies?

In one sense, every case is different. Sentencing can depend on eclectic factors such as:

* the lawyers involved
* the judge you get
* the arguments you make
* the context of the DUI arrest
* your level of contrition
* etc

That said, mandatory punishments for first time misdemeanor DUI offenses differ from from mandatory multiple DUI punishments in some key ways.

First-time punishments often include:

* CA driver's license suspension
* $1000+ fine
* Additional costs levied (can vastly exceed the $1000 fine)
* 48 hours behind bars (six months maximum)
* Forced DUI alcohol school
* Mandatory insulation of an interlock ignition device (IID) -- even first-time misdemeanor DUI convicts must install an IID, subsequent to the law that went into effect on January 1, 2010
* Probation and other court imposed terms of release

But if, within 10 years, you get convicted of two+ charges of DUI in Southern California, possible penalties can increase in the following ways.

* Fines: whereas with a first-time misdemeanor DUI, the maximum fine is $1000; with multiple DUIs, this number can go up -- way up.
* License suspension: a second DUI nets you a two-year suspension. A third DUI nets you a 18 month suspension. And so forth.
* Minimum jail time: A second DUI leads to a mandatory minimum sentence of 4-10 days behind bars. A 3rd DUI leads to a mandatory minimum of 120 days. A fourth DUI leads to a mandatory 180 days in jail. And that's all just for misdemeanor convictions.
* Minimum time spent in alcohol school also goes up with each conviction.
* Terms of probation can stiffen with each new DUI conviction.

Building a stout defense to Los Angeles DUI, Long Beach DUI, or Whittier DUI charges is not easy, even for veteran defense attorneys.

Continue reading "Southern California DUI Charges for Chargers Receiver? Not Quite. But Last Few Days Clearly Have Not Been Kind to San Diego Football." »

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?" »

The San Diego Union Tribune has reported that a former radio and TV anchor/personality, Allison Ross, was arrested early Sunday morning for driving under the influence in Southern California. Ross was a Southland celebrity in the 1970s and 1980s, during which time she anchored local TV station 8 (KFMB). In the 1990's, Ross became a traffic reporter and got her own radio show on KNSD (7/39), which she co-hosted with former mayor, Roger Hedgecock.

According to reports, Ross had been driving the wrong way on the 7600 block of Faye Avenue, when she almost plowed headfirst into an oncoming police car. The officer swerved out of the way, then pivoted and followed her onto Kline Street. He pulled her over, administered a field sobriety test, and arrested Ross for misdemeanor DUI. She was taken to a local women's prison in the nearby town of Santee.

Apparently, this is the 55-year-old's first ever Southern California misdemeanor DUI charge.

Long Beach DUI law stipulates that a first-time misdemeanor offense can still be punished quite severely. Penalties can include:

* Mandatory interlock ignition device installation (law went into effect January 1, 2010)
* Two full days (48 hours) in jail, minimum; up to six months in prison, maximum
* Minimum of six weeks in DUI alcohol school (max, nine months)
* Suspension of Southern California driver's license -- license can be suspended for a whole year with no restricted license permitted
* Fines and court costs. The maximum fine is "only" $1000, but the court costs can significantly exceed this number.
* Probation. You may have to check in with a probation officer on a regular basis and/or abide by other court-imposed limitations on your freedoms.

To respond effectively to charges of misdemeanor DUI in Long Beach or elsewhere in Southern California, you generally need superior legal help. Obviously, you have the right to defend yourself in court alone if you choose, but given the significant consequences for your future if you don't muster the best possible defense, it makes sense to connect with a knowledgeable, passionate, and credible lawyer today.

Continue reading "Former TV Host and Radio DJ Busted for Driving Under the Influence in Southern California" »

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" »

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" »

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" »

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" »

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" »