Los Angeles DUI Attorney Blog

It’s been nearly two months since the implementation of the AB 91 pilot program, which mandates that first time Los Angeles DUI offenders install interlock ignition devices (IIDs) in their vehicles. So let’s assess whether this program has been helpful, harmful, or neutral.

A bit of background on AB 91 first.

Mike Feuer, a Los Angeles assemblyman, introduced the law, which requires that drivers convicted of DUI in Los Angeles, Tulare, Sacramento, and Alameda counties must put an interlock ignition device into their autos even after only one conviction. The compulsory device is wired into your ignition. So in order to start your car, you need to blow an essentially alcohol-free breath to show that you will not be DUI. (Your BAC reading must be 0.03% -- substantially lower than the legal limit for Southern California DUI of 0.08%). Once you do blow a successful sample, you must continue to blow samples as you drive, or your horns will start going off and your lights will flash to attract the attention of police.

Although AB 91 passed unanimously, many in the Southern California DUI community have voiced objections. One potential problem with AB 91 is that, according to DMV data, first time offenders do not respond as well to IIDs as do recidivist offenders. In other words, the statistics seem to show that if you put an IID in the car of a first time offender, it’s really not going to do much in terms of preventing that person from breaking the law again. That said, if you put an IID in the car of a recidivist (someone who has more than one conviction), then, the statistics suggest you’ll get results.

Since we are only less than two months into the AB 91 experiment, it’s difficult to say how effective the program will be. But five years down the road, we will likely have substantial data to help shape Los Angeles DUI policy.

If you have been charged according to California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI, you need some fast and accurate legal guidance.

Continue reading "Mandatory IID Installment for 1st Time Los Angeles DUI Drivers: Will the Experiment Work?" »

Celebrity blogs and other media that cover Southern California DUI events have been bubbling over about the latest charges against former Wham! singer George Michael. The 47-year-old 80’s pop icon got arrested in London on July 4 after he crashed his Range Rover into a photo shop in London. The pop star tested negative for DUI but positive for driving under the influence of marijuana (in England the charge is called “unfit to drive through drugs”), and he now faces serious penalties, including potentially a long stint in jail.

George Michael has been investigated by police seven times over the past six years for driving related incidents. Three times, he has been found by police unconscious behind the wheel. The first was in February of 2006, when he received a citation for smoking marijuana. Months later, he crashed his vehicle after he fell asleep. A few months after that, he also fell asleep behind the wheel, allegedly due to drug use.

George Michael has publicly admitted to smoking 25 joints a day (although, allegedly, according to UK tabloid reports, he is down to “seven or eight” a day now). The Wham! star had been attending a London gay pride event before he smashed his truck into a store named Snappy Snaps.

The sad and disturbing travails of the 80’s pop star (whose real name is George Panayiotou) highlight how difficult it is for certain people to “get out of” destructive behavior cycles. Unfortunately for these recidivists, Beverly Hills DUI law does not take kindly to repeat offenders. Indeed, if, within 10 years time, you get convicted of two charges of Los Angeles DUI, you can face a two-year driver’s license suspension, mandatory 96 hours in jail, a year-and-a-half’s worth of alcohol school. The court may also impose additional penalties and restrictions – such as difficult probation terms.

Third time offenders can get increased penalties above and beyond that – including, most notably, 120-day minimum jail sentence.

Fourth time offenders get a minimum of 180 days in a county jail.

In certain multiple-DUI situations, what would ordinarily be a misdemeanor Hollywood DUI charge could be elevated to a felony – even absent any additional complications (such as hurting someone while DUI, causing serious property damage or being involved in a hit and run).

Whether you have a history of driving like George Michael, or you are a first time offender who is confused and scared, you could almost certainly benefit from a consultation with a trained and experienced Los Angeles DUI attorney.

Continue reading "Celebrity Los Angeles DUI Bloggers Muse Fate of George Michael, as Wham! Singer Slams into London Storefront" »

As this blog reported earlier this year, NFL linebacker Rey Maualuga caused a stir in the sports celebrity Los Angeles DUI community in January when he got pulled over in Kentucky for DUI after he smashed into two parked cars and a parking meter. Maualuga ultimately pled guilty to driving under the influence and had to contend with the following penalties:

• Seven year suspended jail sentence.
• 90-day driver’s license suspension.
• Mandatory alcohol and drug education classes.
• Two years probation.
• Forced restitution for the property damage.

While Maualuga’s legal sentencing for his arrest has been long concluded, his NFL punishment was only doled out on August 17. The NFL had an opportunity to suspend the Bengals linebacker. Indeed, the Commissioner just recently reviewed whether to suspend one of Maualuga’s teammates, Cedric Benson, who got convicted of a misdemeanor for punching an bar employee in the face (the commissioner decided not to suspend Benson, either.)

But although Maualuga escaped league suspension, he had to forfeit two weeks of his signing bonus and pay two games’ worth of his checks to the NFL.

If someone like Maualuga had been pulled over for, say, driving under the influence in Long Beach, what penalties would he face here? Your Southern California DUI punishment will be determined by a constellation of complex factors, including whether or not you hurt anyone or did any property damage, whether this is your first offence or a second or a third, whether you have a criminal record, whether you were operating on a suspended license or not, whether you were under the legal drinking age, and whether you cooperated with police or fled the scene.

For the simplest Long Beach DUI offense, you might be convicted of a misdemeanor and get penalties like 48 hours of mandatory jail time, court costs and fines equal to a maximum of $1,000, a one-year license suspension with no possibility of restricted license, six weeks of mandatory alcohol school, probation, and forced installation of an interlock ignition device (IID) in your vehicle.

As you can see, even a conviction of misdemeanor Los Angeles DUI carries some pretty hefty penalties. To that end, you want to make sure that the defense you develop is well suited and appropriate. Indeed, the strategy that you pursue can have enormous ramifications both for your personal freedom and for your finances.

Continue reading "Celebrity Southern California DUI Bloggers Weigh in on Bengals Linebacker’s NFL Punishment" »

Those in the Southern California DUI community who follow celebrity arrests and general misconduct have once again turned attention to the city of Cleveland, Ohio. Cleveland has taken quite a PR hit over the past few months – in particular, the city’s former basketball phenom, LeBron James, ditched his Cleveland Cavaliers for the Miami Heat in a televised conference on ESPN. The latest insult to Cleveland came last weekend when Gerard Lawson, a defensive back for the Browns, got into a hit and run DUI accident in Cleveland’s Warehouse District.

Local station WEWS-TV reported that Lawson smashed into a parked car and attempted a hit and run before being pulled over the police. He confessed to driving under the influence and got released early Sunday (just in time for practice). The 25-year-old Lawson signed with the Browns in 2008 and played five games in 2009.

From the WEWS-TV news report, it appears that Lawson did not hurt anyone (or himself), but what happens if someone drives DUI in Burbank (for instance) and does cause injury to someone else?

Southern California DUI law is very clear – if you cause what’s technically known as “DUI with injury,” a violation of California Vehicle Code Section 23153(a) or 23153(b), your punishment can be elevated above and beyond on a normal punishment for driving under the influence in Burbank.

What’s the difference?

A “typical” Los Angeles DUI arrest – e.g. for driving with a BAC of 0.12%, significantly over the state’s legal limit of 0.08% -- might net you punishments like fines, mandatory interlock ignition device installation, a one year driver’s license suspension, probation, and a small amount of jail time. But if you commit the same exact crime and hurt someone in the process – even not that badly –your Burbank DUI could be bumped up to a felony. This means that if you are convicted, you could permanently lose the right to vote in elections, and all aspects of your sentence could be more extreme.

Another thing to take from this Gerard Lawson report is the idea of hit and run. If you hit a car or a person or a piece of property and then drive off without reporting it or without leaving a note, you could face substantial extra legal trouble – including a ratcheting up of all sorts of penalties.

So whether you’ve been arrested for driving under the influence in Southern California – or a friend or relative got caught for a hit and run or injury DUI – you no doubt can use the counsel of an experienced DUI defense attorney.

Continue reading "Celebrity Los Angeles DUI Blogs Debate Cleveland’s Rotten Luck as another Star Goes South" »

Experts in Southern California DUI law try to pay attention to events that occur on the national radar as well as to local Southland news items. And a recent development in a heartbreaking case out of New York City has once again stoked debate and discussion among the community.

Below is the scoop.

Carmen Huertas was partying last October in Chelsea when she decided to load up her van with seven young girls and take them to the Bronx for a slumber party at her house. Unfortunately, Huertas had been drinking. Allegedly, she knew it too. According to testimony, she told her passengers “if you think I am going to crash, raise your hand!” Anyway, Huertas got onto the Henry Hudson Parkway and lost of her car control around West 96 Street. In the terrible crash that ensued, 11-year-old Leandra Rosado died.

Now, Huertas is prepared to enter a plea of guilty to the manslaughter charge against her in hopes that Justice Charles Solomon will be lenient. Justice Solomon has said in the past that he would give her something in between the maximum possible sentence of 15 years and minimum possible sentence of 1 year.

What happens if someone commits vehicular manslaughter while DUI in Glendale (or elsewhere in the Los Angeles area)? There are actually laws on the books that specifically handle Los Angeles DUI vehicular manslaughter. This occurs when a motor vehicle driver violates traffic laws or is careless or negligent -- and as a result of this carelessness or fault indirectly or directly causes the death of another human being.

There are degrees of vehicular manslaughter. One of the strongest charges is “gross vehicular manslaughter while intoxicated.” To prove this, the prosecutor must show that the defendant was more than just normally “negligent” – he or she had to have been “grossly negligent.” If you are convicted of this more serious charge, you can face 10 plus years in jail or longer for every person who died in the accident. Gross negligence is defined as recklessness that creates serious bodily injury and/or death. And a reasonable person would know that the behavior would create this kind of extreme risk.

Whether you have been charged with a very serious crime, such as gross vehicular manslaughter while DUI in Pasadena, or you have been pulled over for a more “run of the mill” (but obviously very sobering and scary) charge of driving under the influence in Beverly Hills with a BAC of 0.14%, you likely need comprehensive and strategic guidance with your legal defense.

When defendants research Los Angeles DUI attorneys, they typically feel significant pressure to make a choice quickly. But it’s important to find an attorney who has the experience, track record and capacity to deliver a superior defense for you.

Continue reading "Southern California DUI Experts React to Guilty Plea in Prominent New York DWI Death Case" »

Southern California DUI experts are monitoring a breaking case out of Virginia involving a recidivist DUI driver who allegedly slammed into a car full of nuns, hurting two of them and killing one of the sisters. This epic tragedy made national headlines and sparked debate among the legal community – particularly since the county prosecutor plans to seek a DUI murder charge against the suspect, 23 year old Carlos Montano.

Prior to this incident, Montano had been twice convicted for DUI, and his license had been revoked for DUI reasons. So he never should have gotten behind the wheel in the first place. Allegedly, he was driving southbound on the highway, when he veered out of his lane, smashed into a barrier, and crossed over to the northbound side, where he hit a car carrying the nuns head on. 66-year old Sister Janet Mosier died on the scene, while sisters Charlotte Lange and Connie Lupton suffered critical injuries and got med-evaced to nearby Fairfax Hospital.

Montano was arrested and charged with involuntary manslaughter as well as driving under a revoked license. Apparently, Montano was also in the United States illegally, and Paul Ebert announced last Tuesday that he plans to charge the man with DUI murder.

Obviously, this situation is a terrible tragedy, and it drives home the point that anyone who drives under the influence in Long Beach or anywhere else in Southern California risks hurting or even killing other people and suffering grievous consequences themselves.

A DUI murder charge – also known as a Watson murder – is a second degree murder charge. It can result in penalties of 15 years in prison up to life in prison. Watson murder cases are very rarely charged – in most instances of Southern California DUI related homicide, prosecutors will seek something like “gross vehicular manslaughter while intoxicated” pursuant to Penal Code Section 191.5 (a) – itself a very serious charge but not as serious as a Watson murder charge. In Southern California, to prove a Watson murder case, a prosecutor usually has to show that the defendant has multiple prior Los Angeles DUI convictions and that the person drove with “implied malice” – in other words, he or she had a clear understanding of the dangers but chose to ignore them. And by choosing to ignore them and by driving under the influence in Long Beach (or wherever), he or she caused the death of another human being.

Of course, even if you face a relatively “pedestrian” charge of driving over the California legal limit of 0.08% in Long Beach, you could face tremendous problems, such as a revoked CA drivers’ license, mandatory interlock ignition device installation, jail time, and steep fines.

You want a creditable, successful attorney to suggest solutions.

Continue reading "Los Angeles DUI Experts Closely Watch Virginia Case; Man Accused of Killing Nun May Face Murder Charges" »

No one disputes that driving DUI in Los Angeles is dangerous – and that conscientious people should do everything in their power to prevent friends and relatives under the influence from getting behind the wheel. But a rare story out of Islip, New York drives home this point in emotionally compelling fashion. The story involves a 13-year-old girl who called 911 after her mom insisted on driving DUI in spite of having her and her 10-year-old brother as passengers.

CNN reported that the 13-year-old daughter of Jamie Hicks called 911 last Sunday, while her mom was weaving on I-84 near Connecticut. The New York State Police pulled Ms. Hicks over and arrested her after she failed a field sobriety test. Her BAC level tested at 0.18% – more than twice the legal limit for Southern California DUI. According to CNN, Ms. Hicks will appear in court on August 17th to face an array of charges, including charges of endangering minors.

It obviously took guts for the young woman to call the police -- she clearly did not want to see her mother put behind bars -- but perhaps her act averted disaster.

Moving to another important general lesson, let’s talk again about Southern California Field Sobriety Tests (FSTs) – what they are, how they have bearing (or not) on cases, and what you should do if you’ve been arrested for driving under the influence in Pasadena -- hopefully not with young children in your car.

Field Sobriety Tests are mental and physical exams given by police officers. A common mental test involves saying the alphabet backwards. Physical exams include the horizontal gaze nystagmus test, which is essentially a pupil reaction time test. DUI individuals tend to have slower reaction times. Balancing tests include: walk the line, one leg stand, finger to the nose and rhomberg (where you tilt your head backwards and count from 1 to 30).

In theory, Field Sobriety Tests (FSTs) should do a pretty good job determining who is DUI in Pasadena and who is not. But in practice, the tests can be extremely problematic. First of all, drivers pulled over under suspicion of DUI tend to be nervous, jittery, uncomfortable, nauseous, and otherwise out of sorts. Their behavior (e.g. stumbling and fumbling) may have nothing to do with whether or not they are under the influence and everything to do with their natural disposition or their feelings of fear. Also, the National Highway Traffic Safety Administration (NHTSA) has suggested that all but three of the FSTs that police officers typically use – the horizontal gaze nystagmus, one leg stand, and walk and turn tests – really don’t show a correlation between impairment due to alcohol and performance.

For example, someone who is DUI may have a fantastic memory and may be able recite the alphabet backwards by rote even with a BAC of 0.20.

If you have been pulled over for Southern California DUI, you likely need a smart and experienced attorney in your corner to investigate the arrest and help you come up with a strategy to deal with the charges. Sometimes that strategy may involve trying to get the charges excused completely. Other times, it might involve trying to plea bargain down the charges so you will face a lesser offense and reduced punishment.

Continue reading "A Lesson for All Would-Be Southern California DUI Drivers: From a 13-Year-Old Girl" »

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

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

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

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

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

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

For the past several weeks, blogs and even the mainstream media have been endlessly covering Lindsey Lohan’s Los Angeles DUI related jail sentence (stemming from a 2009 arrest). And it’s not just Lohan who has had to face the music – actor Chris Klein, 80’s rocker Jani Lane, and seemingly dozens of celebrities, sports figures, and politicians alike have been taking the lumps. But one non Los Angeles DUI story that’s gone completely under the radar – but which is nevertheless quite interesting – involves neither a celebrity nor an athlete nor a politician.

It involves a goat and a trunk.

Yup. You read that right. Here are the details.

On June 11th, a police officer in Bedford County Virginia pulled over a woman named Fiona Enderby for suspected DUI and discovered that she had a goat locked up in her trunk. The Sheriff's Deputy “liberated” the animal and turned him over to new owners at a local farm, Johnson’s Orchards. The goat was humorously rechristened “Trunk” and, according to a local affiliate news source, he is getting a royal treatment now – “a fenced and aerated room, with a creek and plenty of trees for shade…and several other goats to play with, including female goats.”

Getting a little more serious, let’s return our attention to the laws governing Long Beach DUI arrests (and arrests for DUI elsewhere in Southern California). The California Vehicle Code Sections 23152(a) and 23152(b) spell out precisely what a charge of “DUI in Long Beach” constitutes and how it should be punished. According to the first statute, 23152(a), if a police officer stops you while you are driving a motor vehicle while DUI, you can be arrested and subjected to myriad punishments. The court can order you to spend time in jail, suspend your driver’s license, require you to install an interlock ignition device in your car, enforce terms of probation, and set other punishments. 23152(b) defines DUI in a different way – as having a BAC (Blood Alcohol Concentration) of 0.08% or greater. The same penalties spelled out in 23152(a) apply.

Obviously, only the small minority of DUI in Long Beach cases involve celebrities, politicians, singers, or goats. If you or a family member currently faces charges pursuant to 23152(a) or 23152(b), the quality of your legal representation can make a huge difference in terms of the sentence you get and whether or not you can put up stiff resistance to the charges.

So who should you get in your corner?

Continue reading "Enough Prattle about Lindsey Lohan’s Los Angeles DUI Jail Sentence: Let’s Talk about Goats in Trunks" »

Two months ago, Mary Kennedy, the soon-to-be ex-wife of Robert F. Kennedy, Jr., was pulled over for DUI in Bedford, New York – a surprising arrest that sparked heated discussion among the bloggers and pundits who track celebrity Los Angeles DUI matters.

Background of her arrest follows:

On May 13th, the day after Mr. Kennedy filed for divorce, he and Mary Kennedy had a public fight regarding whether or not they should take their four children to a carnival. Officers got called to resolve the domestic dispute, at which time, according to police documents, Mr. Kennedy accused his wife of being “intoxicated and…acting irrational.”

On May 15th, the Bedford police pulled over Mrs. Kennedy at around 9:15 p.m. after she was seen driving onto the curb on Greenwich Road. The arresting officer noted that her speech was slurred, and her BAC tested at higher than 0.08% – the legal limit for DUI in Southern California as well as New York. To-date, neither party has made public comments on the upcoming divorce filing. On July 22nd, Mrs. Kennedy will have her day in court for her DUI.

Broader Implications

Whether you are pulled over for driving under the influence in Glendale or Bedford, NY, police will examine a range of evidence to render a judgment about whether you are DUI or not. The arrest report noted that Mrs. Kennedy had slurred speech, which can be a symptom of DUI in Glendale (or really anywhere in the country). What other symptoms do officers look for? Here is a partial list:

• Incoherent or inconsistent stories about where the person has been/is headed.
• Incomprehensible or overly slow or overly rapid responses to police questions.
• Slurred speech.
• Bloodshot/watery eyes.
• Poor motor control.
• Any kind of inappropriate reaction, such as manic or overly aggressive behavior.
• Odor of alcohol on the person or in the person’s vehicle.
• Lack of balance.
• Abnormally slow pupil reaction time (failing the horizontal gaze nystagmus test)

What if you or a loved one failed a Pasadena DUI sobriety test? What can you do to shield yourself against potential legal blowback and clear your record? Furthermore, how can you prevent getting into dangerous and legally uncomfortable situations like this again?

Your best strategy may be to find an experienced and reputable Los Angeles DUI attorney.

Continue reading "Celebrity Los Angeles DUI Bloggers Weigh in on RFK Jr.’s Wife's Charge" »

When the flurry of news about Lindsay Lohan's 90-day jail sentence for violating her Los Angeles DUI probation hit the fan a few weeks ago, this blog deliberately avoided covering it because there was simply too much sensationalism about it in the press. However, given the layers and twists and turns that the story has been taking, any blog devoted to covering news related to driving under the influence in Southern California would be remiss if it did not address the latest developments in the case.

Last week, Lohan hired Robert Shapiro, the criminal defense attorney who once represented O.J. Simpson. She also checked into a rehab facility that the famous lawyer set up. Lohan faced flack (and some praise) from fans and celebrity gossipmongers for her covert communications (via drawing on her hands) and general histrionics.

Obviously, without knowledge of the details of her Southern California DUI case, it is not fair to weigh in one way or another. That's a key point. You really have to be careful about what you read in the media, as news stories automatically tend to oversimplify and skew coverage. Although the American legal system operates on the principle of "innocent until proven guilty," often, the public press works on just the opposite principle – guilty until proven innocent.

All this is to say that, if you or a loved one faces a similar battle against a charge of Hollywood DUI, you want facts and strategic guidance – not opinions and theories based on hearsay.

For instance, how well do you know the penalties for Southern California DUI? As you may have read, Lohan got approximately three months in jail for violating the terms of her probation. But what exactly does that mean? What do convicted DUI offenders typically face, punishment-wise? Does the court have leeway? Can your lawyer help reduce your sentence? And what happens if you collect more than one DUI? These are all critical questions – and the answers can be dynamic. That's why having a Hollywood DUI attorney provide good strategic guidance can be crucial. That said, let's just review again some basic parameters.

First timers could get the following penalties: 48 hours in jail (max six months), $1,000 in fines and court costs, California driver’s license suspension of a year, mandatory six weeks or more DUI alcohol school, formal probation imposed, and a mandatory interlock ignition device installation (as of July 1, 2010).

Second time convicts (within 10 years) face jacked up penalties, such as at least four days in jail instead of 48 hours, a minimum of 18 months in DUI alcohol school as opposed to six weeks, a two-year driver’s license suspension as opposed to one year, increases in court costs and fines, and likely stricter terms of probation.

And as you get more and more DUIs within a 10-year period, your penalties increase incrementally. Under some circumstances – for instance, if you cause an injury to someone while DUI in Hollywood – your charge could be elevated from a misdemeanor to a felony.

The point is, whether you are a high profile defendant on the order of Ms. Lohan or whether you face a "workaday" Los Angeles DUI charge, you really need expert guidance to try to minimize your sentence and maximize your chances for a healthy and safe recovery.

Continue reading "Lindsay Lohan gets Jail Time for Violating Los Angeles DUI Probation Terms" »

Last Thursday, July 1, California's new test program to curb DUI in Los Angeles by compelling first time convicts to install interlock ignition devices (IIDs) went into effect. The pilot program will affect four California counties – Los Angeles, Sacramento, Alameda, and Tulare.

A study through the International Council on Alcohol, Drugs and Traffic Safety found that convicts compelled to install IIDs were significantly less likely to get arrested again for driving under the influence. Local politicians celebrated this development – assemblyman Mike Feuer was quoted in the Associated Press saying that the law can "save hundreds of lives here."

The new DUI in Los Angeles punishment experiment will last for five years, after which time California lawmakers will analyze its efficacy and decide whether to expand the program – which is already at work in some fashion in 13 states across the country.

Los Angeles DUI offenders will, per the law, have to pay $125 to install the IID and $60 monthly to maintain it. Low income offenders may be granted some dispensation on these prices. On top of this, convicts must pay a one-time administrative fee for the IID of $45.

How will the number of convictions figure into the cost-calculus?

First time offenders -- will have to have devices in for at least five months. Based on the numbers quoted in the AP, that should add up to $470: $125(installation) + $45(fee) + $300(total monthly fees).

Second time Burbank DUI offenders -- will have the device installed for 12 months. That should be a total of $990: $125(installation) + $45(fee) + $720(total monthly fees).

Third time offenders -- will have an IID in for 24 months, bumping the total cost up to $1,710: $125(installation) + $45(fee) + $1440(total monthly fees).

Fourth time Southern Californian DUI offenders (within 10 years) -- will have to have an IID for 36 months: $125(installation) + $45(fee) + $2160(total monthly fees).

If a driver gets into an injury accident while DUI, the installation times will double.

What can you do if you or a loved one has been tagged with a charge of driving under the influence in Burbank? A skilled and battle-tested attorney can make a huge difference.

Continue reading " Los Angeles DUI Convicts to Face Mandatory Ignition Interlock Device Installation" »

As students of this blog know, the legal limit for Los Angeles DUI is a blood alcohol concentration of 0.08%. Well, Tom Lewand, the President of the Detroit Lions, got pulled over the Friday before last for driving with a BAC of 0.21% – nearly three times Detroit’s (and California’s) legal limit!

According to the police report, Lewand was driving in Denton Township to pick a buddy up – he was, ironically, to be the designated driver for their night out on the town. A deputy from the Roscommon County Sheriff’s Department pulled him over, noticed “a strong odor of intoxicants coming from the driver compartment of the vehicle” and subjected Lewand to field sobriety tests. Allegedly, Lewand quickly failed those – he lost his balance while trying to stand on one leg and failed the so-called “finger to the nose” test by touching his lip instead of his nose.

Despite the President’s claim that he had “not drank in a year-and-a-half;” subsequent to the incident, he promised that he was in “active recovery.” William Ford, the owner of the Lions, went on record as providing “full support” for his embattled President. If Lewand gets convicted, he can be subjected to significant penalties – not just according to Detroit state law but also according to the NFL, which must enforce its personal conduct policy.

If you get stopped for a Beverly Hills DUI, Pasadena DUI, or any other similar charge in Southern California, police will likely ask you to perform field sobriety tests similar to the ones that Lewand faced (and allegedly failed). Let’s quickly go over what these are.

Field Sobriety Tests (FSTs) challenge the driver’s mental and physical coordination. The horizontal gaze nystagmus test measures how fast the driver’s pupils respond to a stimulus. Slow reaction time could indicate DUI. Other tests of physical coordination include the aforementioned one leg stand and finger to the nose tests as well as the Rhomberg test, in which a suspect must lean his/her head backwards and count up to 30.

A driver suspected of being DUI in Beverly Hills may also be asked to recite the alphabet backwards and to do other tasks to demonstrate mental awareness and competency. Finally, a police officer might look for behavioral and other clues that you might be under the influence, including odor of alcohol on or around you, bleary bloodshot eyes, slowness in responding to questions, and erratic temperament.

Responding effectively and proactively to a charge of Los Angeles DUI can make a world of difference in terms of what punishments the court hands out to you. An inept or inadequate defense can leave you facing significant jail time, huge court costs and fines, intense probation, and a lengthy suspension of your California driver’s license. On the other hand, if you work together with an experienced Los Angeles DUI defense attorney, you might be able to fight back against the allegations or, at the very least, get your punishment substantially softened.

Continue reading "Detroit Lions’ President Busted for Driving Nearly Three Times the Southern California DUI Limit" »

Corey Dillon, a former running back for the Cincinnati Bengals and the New England Patriots, pled not guilty to charges of driving under the influence in Southern California stemming from an April 21st arrest in Malibu on Mulholland Drive. According to reports, Dillon had been driving with a friend in a red Camaro, when officers noticed the car was driving slowly and awkwardly. They pulled Dillon over and arrested him for driving under the influence in Southern California (Calabasas, to be specific).

Just 10 days following his DUI arrest, Dillon got arrested again on separate charges of domestic violence. Prosecutors ultimately did not file charges against him for this arrest, and his wife subsequently recanted her allegations.

Dillon got arrested for two charges of Los Angeles DUI – but what does that exactly mean, legally speaking? What laws prohibit drivers from consuming alcohol/drugs and getting behind the wheel? The answer may have significant relevance to your case, if you or a loved one has been similarly arrested for DUI in Southern California.

The relevant laws include California Vehicle Code Sections 23152(a) and 23152(b). The first CVC section says that, if police officers stop you while you drive under the influence of either drugs or alcohol, you can be charged with a crime – either a misdemeanor or felony. If convicted, you can face a host of penalties, ranging from jail time to loss of your California driver’s license to serious fines and court costs. (You will also face secondary and tertiary consequences, including the onus of having a criminal record and potentially the loss of the right to vote, if you are convicted of a felony.)

23152(b) defines Southern California DUI as driving with a blood alcohol concentration (BAC) in excess of 0.08%. Violating 22152(b) will net you similar consequences.

If you hurt someone while driving under the influence, you could be charged under two different CVC sections – 23153(a) and 23153(b). An injury Southern California DUI can elevate what would ordinarily be a misdemeanor charge to a felony – a much more serious count.

So, if you or someone you care about has been charged with Southern California DUI (like Corey Dillon), what can you do to build an efficient defense? In almost all cases, you will want to quickly connect with a creditable and a battle-proven Los Angeles DUI attorney.

Continue reading "Ex-NFL Star Enters “Not Guilty” Plea to Southern California DUI" »

Actor Chris Klein – best known for his roles in the American Pie series and the 1999 movie Election (with Reese Witherspoon) – got arrested for driving under the influence in Los Angeles last Wednesday, after police spotted him weaving in and out of lanes on the 101 in Sherman Oaks.

According to reports from outlets like TMZ.com, CHP officers pulled Klein over around 3:15 a.m. and gave him a Field Sobriety Test, which he failed. He was taken into police custody and later released on his own recognizance. The 31-year-old actor has been arrested for driving under the influence in Southern California before. In 2004, he got pulled over in San Diego County. He pled guilty to a misdemeanor DUI charge. The court penalized him with 150 hours of community service and a fine of $1,800. More recently, footage surfaced of Klein auditioning for the musical Mama Mia. On tape, the actor behaved in a bizarrely overeager fashion. Was he creating a spoof, or was he legitimately trying hard to win the audition? Who knows. But the tape certainly fired up the blogosphere. And this latest Los Angeles DUI arrest will likely only fuel the blaze.

If, like Klein, you get pulled over multiple times for driving under the influence in Southern California – whether for DUI in Burbank or DUI in Long Beach – you may face penalties above and beyond what a first time conviction will net you. Second time misdemeanor offenders will get additional jail time (at least 4 days as opposed to 48 hours in custody), a longer driver’s license suspension (two years instead of one year), longer forced DUI alcohol school (minimum of 18 months as opposed to six weeks), and increases in the intensity and restrictions of probation as well as court costs and fines.

Third and fourth time DUI in Burbank offenders will obviously get even stricter penalties tossed their way. Jail time, for instance, increases to a minimum of 120 days with a maximum of a full year. Your CA driver’s license will be suspended for three years minimum, and so forth. A fourth Southern California DUI within 10 years can be elevated to a felony – even if no complicating factors exist (such as injury or excessive negligence).

What should you do if you or a loved one finds yourself facing a charge similar to Klein’s?

Given the scary realities of a potential conviction, it makes sense to consult with a reputable and results-proven lawyer.

Continue reading "Actor Chris Klein Snagged for Los Angeles DUI" »

Hideki Irabu, former Major League pitcher for the Yankees, Expos and Rangers, got pulled over for driving under the influence in Los Angeles on May 17th on Redondo Beach Boulevard, according police reports. The 41-year-old Irabu had played for professional teams in Japan before coming to the United States to play in the Majors. Although Yankees fans generally liked Irabu, the pitcher famously publicly clashed with Yankee’s owner, George Steinbrenner.

According to police officers, Irabu was driving on Redondo Beach Boulevard, weaving in and out of lanes. Officers saw him nearly graze a parked car. They pulled him over, booked him around 2 AM, and released him on $5,000 bail the next morning at 10:30. Prosecutors may formally charge the former pitcher shortly.

Irabu is no stranger to scrapes with law enforcement. In August 2008, while visiting Osaka, Japan, he allegedly assaulted a bar manager over a bar tab after downing nearly two dozen glasses of beer.

If, like Irabu, you (or someone you love) face a similar charge of driving under the influence in Long Beach or elsewhere in Los Angeles, you could be facing consequences spelled out by California Vehicle Code Section 23152(a) or 23152(b).

23152(a) says that if the police stop you while you are driving a car while DUI (on drugs or alcohol), then you can be charged with a criminal act. A conviction could result in a criminal record, driver’s license suspension, jail time, significant fines, and all sorts of frustrating secondary consequences. For instance, your insurance rates may go through the roof, you may lose your job, and you may face stigma for your criminal record for years to come.

23152(b) makes it a crime to drive with a blood alcohol concentration of greater than 0.08%, and the same consequences stipulated in 23152(a) will await you.

So how can you effectively navigate charges of Long Beach DUI?

You could theoretically represent yourself or leave your case in the hands of a public defender. But consider how much is on the line for you. Jail is no joke, and while the short-term penalties can be excruciating and embarrassing, the long-term consequences can be practically unbearable. Thus, it almost always behooves defendants to connect with a reputable and experienced Los Angeles DUI attorney, who knows the laws as well as the people involved.

Continue reading "Former Yankee Busted for Los Angeles DUI" »

According to California Highway Patrol reports, police made 231 Los Angeles DUI arrests over Memorial Day weekend (6 p.m. Friday the 28th through Monday the 31st). Unfortunately, although DUIs for the region were down from last year – dropping by over 100 (1,296 for 2010 versus 1,406 from 2009), 10 people died in traffic related accidents over the holiday. For the state, numbers of traffic related deaths increased as well – from 12 deaths in 2009 to 31 deaths this year.

The San Diego Union-Tribune reported last Wednesday that 318 motorists got arrested for driving under the influence in Southern California over the holiday, although no DUI related fatalities were reported. The National Highway Traffic Safety Administration supports these anti-Southern California DUI operations through the California Office of Traffic Safety. The Union Tribune reports that similar DUI patrols and sobriety checkpoints will be set up for other summer holidays, such as 4th of July and Labor Day, across the state.

Area residents arrested over the holiday weekend must be wondering what steps to take next.

Here is a brief primer on some laws applicable to Southern California DUI cases.

California Vehicle Code Section 23152(a) says that if you are stopped for driving under the influence in Hollywood, a police officer can arrest you and take you to jail. If convicted, you could lose your California license, be forced to pay fines and court costs (substantial), and be compelled to serve other punishments, such as jail time, probation, and forced alcohol school.

Another closely related section, California Vehicle Code Section 23152(b), stipulates that if you drive with a blood alcohol concentration of greater than 0.08%, you are automatically above the limit for Beverly Hills DUI, and you could face the same consequences outlined in 23152(a).

Closely related sections of the vehicle code govern consequences for drivers who injure people while driving DUI. CVC Section 23153(a) elevates a misdemeanor Los Angeles DUI charge to a felony if a DUI driver injured someone else. CVC Section 23153(b) likewise elevates a misdemeanor to a felony if you are above 0.08% BAC and you hurt someone else while driving.

So how can you or a loved one defend against these charges?

While you are legally entitled to represent yourself, it generally makes sense to retain an experienced lawyer – not just someone who has done a lot of criminal defense work but someone who has worked specifically on Los Angeles DUI cases.

Continue reading "Los Angeles DUI Arrests Down for Memorial Day Weekend 2010" »

Bloggers who follow stories about driving under the influence in Southern California were glued to their computers last Monday afternoon following a case out of Franklin County, Vermont involving a man arrested for his eighth lifetime DUI.

The defendant, Douglas Gardner, was last arrested for driving under the influence in 1989, when he crashed head-on into a car and killed 20-year Billy Labier-Boucher. Gardener served a 20-year prison sentence. After securing release last month, Gardner almost immediately got back into trouble. He allegedly stole a Pontiac Aztek, drank two beers and a vodka, and veered off Route 78 in Highgate into a bog. The Vermont troopers who found him tested his blood alcohol content at 0.156% – nearly twice the legal limit for Southern California DUI of 0.08%, as defined by California Vehicle Code Section 23152(b).

The state attorney asked for bail to be set at $100,000, but Judge Greg Rainville went one step further and ordered Gardener held without bail. The Judge remarked: “you are a threat to the safety of the public… if I can’t stop you from driving, I can’t allow you on the streets.” The Judge’s ruling elicited enthusiasm from Pat Labier-Boucher, the mother of the man that Gardner killed in 1989. Labier-Boucher said: “it was like 20 years ago… it’s like reliving the whole thing again… I hope he is behind bars forever.”

Obviously, similar cases of manslaughter DUI in Glendale and elsewhere are tragic for many reasons. But what does local law say about Los Angeles DUI manslaughter charges?

According to Penal Code Section 191.5(a), in very serious cases, a defendant can be charged with “gross vehicular manslaughter while intoxicated.” Prosecutors don’t necessarily have to go for this charge. But to prove gross vehicular manslaughter, prosecutors must meet a very high burden. First, you must show that the defendant drove under the influence of drugs or alcohol with a BAC of 0.08% or more. Second, you must show that the defendant committed a driving infraction, misdemeanor, or other legal act that could lead to death of another person. Third, you must show that the person committed this act with gross negligence. And fourth, you must show that the grossly negligent act led to the actual death of someone.

Continue reading "Los Angeles DUI Experts Riveted by Tragic Case of Man Nabbed for Eighth DUI – after Just Getting Out of Jail for Killing Someone While DUI" »

JJ Hones, a 22-year-old point guard for the NCAA Championship Stanford women’s basketball team, was arrested on May 2nd for DUI in Southern California under very extraordinary circumstances. According to arrest reports, Hones was recklessly driving a golf cart across campus. When police attempted to pull her over, she at first evaded arrest. Police finally caught her and gave her a field sobriety test, which she allegedly failed. They then took her to Santa Clara County Jail.

The senior was kicked off her team the following Monday. Hones had been struggling under multiple knee injuries, but she had intended to play another season prior to her arrest. So far, charges have not been handed down. Fortunately, no one was injured in the incident.

If you get pulled over -- whether for recklessly driving a golf cart DUI in Pasadena or for causing an injury DUI in Burbank -- chances are that you will be subjected to field sobriety tests (FSTs) similar to the ones that JJ Hones faced. But what are these field sobriety tests? How do they work? What do officers look for? And how do the courts typically interpret their results?

Although officers do have leeway in terms of how they conduct FSTs; typically, they subject suspects of Pasadena DUI to the following:

1. Horizontal Gaze Nystagmus Test – The subject is asked to follow a light or object with her eyes. If reaction time of the pupils is sub-par, DUI may be suspected.

2. Walk The Line Test – Suspect is asked to walk nine paces in both directions on a line (typically a road divider line). If the suspect loses her balance or fails to complete the paces, she may be suspected of Los Angeles DUI.

3. Finger to the Nose Test – Suspect is asked to close her eyes and reach her hands out to the sides and then bring them in to touch her nose. If she misses or loses her balance, DUI may be suspected.

4. Stand on One Leg Test - Suspect is asked to stand on one leg for about 90 seconds. If she loses her balance, DUI may be suspected.

Another balance test requires the suspect to tilt her head backwards and count to 30. If she loses her balance, she could be suspected for DUI.

Officers will also observe your behavior. Is there odor of alcohol on you? Are you slurring your words? Is your story coherent? Are you acting belligerent, lethargic or otherwise strangely?

If you fail a sobriety test and get arrested for driving under the influence in Pasadena or elsewhere in Southern California, you may need smart legal representation to protect your rights and ensure that you get fair treatment.

Continue reading " NCAA Championship Guard Arrested for Driving under the Influence in Southern California…in a Golf Cart!" »

Los Angeles DUI arrests involving celebrities and sports figures are common news. Just take a quick scan through this blog, and you will come away flabbergasted at how many of our public figures have gotten in trouble for driving under the influence in Southern California.

Today’s entry concerns a DUI out of Atlanta, however, involving Miami Dolphins runningback Ronnie Brown. Last Friday night, Brown was pulled over for an improper lane change (he allegedly didn’t signal), and the officer gave him a field sobriety test. He did not perform well on this test, so the officer took him into custody and booked him for DUI in Atlanta. After his release Saturday morning, Brown quickly hired an attorney. The Miami Dolphins as well as Brown’s agent have kept relatively quiet about the incident, although his allies have pointed out that he has never been in any kind of legal trouble before. The 28-year old Pro Bowl runningback was a second pick in the 2005 NFL draft, and he is scheduled to continue to attend the Dolphin’s voluntary training camp.

What happens when someone is pulled over for the first time for DUI in Pasadena, Glendale – or anywhere else in Southern California, for that matter?

If you are convicted of a misdemeanor, your life could instantly change. First of all, your California drivers’ license could be suspended for an entire year, and you may not get a restricted license to drive for work or school.

Second, you may be required to install what’s known as an Interlock Ignition Device (IID) in your vehicle. This is a breathalyzer-like instrument that you must blow into before you can start your car. It takes a reading of your blood alcohol concentration based on your breath, and if you even have the slightest hint of alcohol, your engine won’t start.

Third of all, you will have to pay court costs and fines up to $1,000.

Fourth, you could face limits on your release, including probation, mandatory alcohol school, and other stipulations.

Fifth, you will have to do time in jail – a minimum of 48 hours.

Of course, if you are driving under the influence in Glendale and injure somebody, you could be convicted for a felony, and the punishments could be significantly harsher.

What can you do to respond effectively and efficiently to charges of driving under the influence in Southern California?

Your best bet is almost always to consult with a reputable, vetted, highly credentialed attorney.

Continue reading "Another Sports Arrest – Nope, Not a Los Angeles DUI This Time – This Took Place in Atlanta – But Southern California Sports Watchers Have Nonetheless Been Riveted by it" »