Los Angeles DUI Attorney Blog

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" »

Last Sunday, residents of the sleepy town of Danville witnessed a shocking multiple hit and run Southern California DUI rampage involving Cainan Schierholtz, the brother of Nate Schierholtz, an outfielder for the San Francisco Giants. All told, the 23-year old Schierholtz allegedly hit a bicyclist, a pedestrian, and several cars and trucks before he was stopped.

Diagram of a Rampage

The insanity began around 10 in the morning on Sunday, when police officers heard a report that someone was driving DUI near Railroad Avenue and Danville Boulevard. Schierholtz by that time had probably already hit his first victim – a bicyclist on Danville Blvd. Rather than stop to help the bicyclist, Schierholtz continued forward and rammed into a pedestrian. Again, he did not stop and instead swerved into another lane and slammed into a pickup truck. Again, he didn’t stop. He pulled onto Linda Mesa Avenue and smashed into a Lexus SUV. Meanwhile, the driver of the pickup followed him onto Montair Drive.

The suspect was cornered on that dead end street and blocked by the pickup truck. He was at that point driving with his airbags deployed (but still managing somehow to move forward). But because the pickup truck blocked him, he got stuck. The pickup truck driver and local neighbors surrounded and subdued him before police got to the scene and arrested him.

Schierholtz was held on $350,000 bail and charged with multiple counts of Southern California DUI causing injury, three counts of injury hit and run, and two counts of property damage. And to top it off, the 23 year old was charged with driving without a license.

Fortunately, no one appears to have been severely injured during the rampage. But Schierholtz faces a huge legal battle. According to California Vehicle Code Sections 23153 (a) and 23153 (b), a typical count of Los Angeles DUI can be elevated to a felony if a driver under the influence causes injury to another person. Felony charges are more serious than misdemeanors. If you are convicted of a felony, for instance, you will lose your right to vote, and you may find it very difficult to get loans, find employment, and qualify for a lease on a car or an apartment.

If you are arrested for a DUI in Glendale or DUI in Pasadena and charged with injuring someone while under the influence, you will need to put together a strategically engineered defense. Depending on the circumstances, you could try to get the charges dropped altogether. In other cases, you may seek to plea bargain down the charges. For instance, in exchange for prosecutors not charging you with injury DUI in Pasadena, you might accept a lesser charge of a simple Los Angeles DUI, pursuant to California Vehicle Code Sections 23152 (a) or 23152(b).

In any event, chances are that you need a time tested attorney on your side to advise you and suggest a strategic way forward.

Continue reading "Southern California DUI Rampage Leaves Several Injured; San Francisco Giants Outfielder’s Brother Named as Culprit" »

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" »

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" »

Southern California DUI reporters have been furiously blogging the past week about the arrest last Saturday of Quinton Ganther, a runningback for Seattle Seahawks. The 25-year-old Ganther played for the Washington Redskins last season and rushed for more than 200 yards. The Seahawks signed him to compete to play on the 53-man squad as a reserve runningback.

According to the Seattle Times, Ganther was driving around 3:45 early Saturday morning near Sacramento when the California Highway Patrol (CHP) pulled him over and took him into custody. After a stay at the Sacramento County Jail, Ganther secured release by making a bail of nearly $1,500. Ganther’s Southern California DUI arrest is just the latest in a series of legal problems for Seahawks players. Leroy Hill, a teammate, was busted in April for charges of domestic violence and assault – he could be going to trial potentially this month. And Kevin Ellison, a safety, got arrested in May for possessing Vicodin tablets that he didn't have a prescription for. [Technically, Ellison was on the roster of the San Diego Chargers during that arrest. Subsequently, the Chargers waived his contract, allowing him to sign with the Seahawks.]

Whether you get pulled over for DUI in Long Beach, Laguna Beach, or Sacramento, police officers will (or at least should) subject you to similar treatment. In particular, they will look for so-called "symptoms" of Southern California DUI. Here is a partial list:

• Impaired motor skills
• Odor of alcohol or other intoxicants on the breath
• Eyes are watery and bloodshot
• Incoherent responses to police questions
• Problems fishing out a wallet or driver’s license
• General stumbling and fumbling
• Disheveled appearance
• Demeanor that's out of the ordinary – e.g. excitable, overly defensive, belligerent
• Incoherent explanation of where the person has been
• Admission to using alcohol, prescription medications, narcotics, or other substances.

If convicted of a charge of Long Beach DUI (or really, DUI anywhere in the Golden State), you can face a variety of scary penalties, including jail time, harsh fines, driver’s license suspension, mandatory alcohol school and probation. And that's all for a Los Angeles DUI conviction that's not further complicated by injury or serious property damage.

How much trouble are you in? And what can you do about your arrest?

Continue reading "Southern California DUI Blogs Buzz about Seahawks Runningback’s Arrest" »

49-year-old Vince Neil, the lead singer for 80’s hair band Mötley Crüe, was detained last Monday in Las Vegas, after cops pulled him over for driving under the influence in a Ferrari on Las Vegas strip. Southern California DUI experts have been quick to point out that the singer has had multiple encounters with the law over drug and alcohol charges. In 1984, the singer pled guilty in a DUI vehicular manslaughter case, in which he accidently killed Nicholas Dingley, the drummer of Hanoi Rocks. For that crime, he paid out $2.5 million in restitution costs and spent 20 days in jail. Neil was also arrested in 2007 for reckless driving in a Lamborghini in Vegas. During his latest offence, reports TMZ, he was held at Clark County Detention Center prior to being released after posting a $2,000 bail.

If, like Neil, you drive DUI and cause someone’s death directly or indirectly– whether you drive DUI in Burbank on the 101 or DUI in Long Beach on the 405 – you could face severe punishment under California’s vehicular manslaughter laws. Prosecutors will look to police reports and the reports of investigators to determine whether to file vehicular manslaughter charges. One of the most serious offences is “gross vehicular manslaughter while intoxicated” – this is a violation of the Judicial Council of California’s Penal Code section 191.5 (a). The conviction carries monumental penalties, including lots of jail time.

To prove that a person who was DUI in Burbank and killed someone violated Penal Code section 191.5 (a), prosecutors must prove four points:

1. The person drove under the influence of a drug, narcotic, or alcoholic beverage, or had a BAC level of 0.08% or greater.

2. While DUI or otherwise under the influence, the driver committed a driving infraction, misdemeanor or other act that could result in someone else’s death.

3. The driver committed that act, misdemeanor, or infraction with “gross negligence” – an extra degree of recklessness or carelessness.

4. Prosecutors must show that the grossly negligent behavior led – either directly or indirectly – to the actual death of another human being.

As you can see, charges of Southern California DUI can get quite complicated, and a defense can become quite convoluted, particularly if you cause injury to another person like Neil did in 1984.

To that end, to protect your rights, consider retaining experienced Los Angeles DUI defense counsel.

Continue reading "Southern California DUI Blogs Light Up as Mötley Crüe Singer Busted for DUI in Vegas" »

Last Tuesday, a judge extended celebutante Nicole Richie’s Los Angeles DUI probation until March 2011 to give her a chance to finish up her alcohol education courses. Richie – a former reality TV star (The Simple Life) and daughter of pop icon Lionel Richie – was pulled over for driving under the influence in Burbank in December 2006, after she piloted her black Mercedes the wrong way down the freeway. California Highway Patrol (CHP) officers pulled her over and gave her Field Sobriety Tests, which she failed. She later on pled guilty to a misdemeanor charge.

The 28-year-old failed to complete her Los Angeles DUI alcohol school according to schedule, and that’s why the judge ordered her probation extended. Theoretically, if Richie finishes her courses by March 2011, she will be dispatched of her legal obligations pursuant to this incident. She did not appear in court when the judge gave the order, because she was busy attending to her second child, who was born last September. (Richie is engaged to Joel Madden, the lead singer of the band Good Charlotte, and they have two children with each other.)

When the CHP pulled Richie over in 2006 for driving under the influence in Burbank, they gave her standard Field Sobriety Tests (FSTs). Clearly, they had a reason to suspect that something was amiss, since she had been driving the wrong way on the highway. But what kinds of tests did they do, exactly?

Sobriety tests aim to explore a driver’s mental and physical coordination. The first test usually given is the Horizontal Gaze Nystagmus Test, which measures pupil reaction time. Other physical tests include coordination tests, such as Walk the Line, One Leg Stand, Finger to the Nose and the Rhomberg Test. (This last test involves leaning your head back and counting to 30).

Officers may also test your mental coordination by asking you to do tasks like saying the alphabet backwards. They will also look for other signs that might indicate intoxication, such as bloodshot eyes, odor of alcohol, and awkward or inappropriate demeanor.

What can you do if, like Nichole Richie, you got pulled over for driving under the influence in Burbank (or anywhere else in Southern California)? Consider talking to an experienced Southern California DUI attorney immediately.

Michael Kraut of the Kraut Law Group in Los Angeles spent nearly a decade and a half as a prosecutor for the city – putting DUI offenders behind bars. He knows the judges, prosecutors, and other players involved, and he uses both his deep knowledge of the system and his personal connections to get results time and again for his clients.

Thomas Kinkade, a bestselling painter known for his gausy landscapes and overtly religious themes, was arrested for driving under the influence in Southern California on June 11 in Carmel. According to arrest reports, police pulled over the 52-year-old after they noticed that his 2006 Mercedes lacked a front license plate. An officer smelled alcohol on Kinkade’s breath and called in the CHP to conduct a field sobriety test. Kinkade allegedly failed these tests, and the police booked him into Monterey County jail.

Kinkade’s business dealings had already been under a cloud as result of ongoing bankruptcy proceedings. One of his two companies – Pacific Metro – filed bankruptcy less than two weeks before his Southern California DUI arrest. Kinkade is a self-made artist – he started selling his paintings in the parking lots of supermarkets. Today, he controls a not-unsubstantial artistic empire – or at least he did before his Morgan Hill Production company filed for Chapter 11.

When someone like Kinkade gets pulled over for driving under the influence in Pasadena, what kinds of Field Sobriety Tests (FSTs) will he or she be subjected to? Here is a brief guide:

1. Horizontal Gaze Nystagmus Test

This is an eye examination -- a test for pupil reaction response. A slow response could indicate a Pasadena DUI.

2. Walk the Line

A suspect is asked to take several paces across a line (often a road divider). This is a balance test. If the driver cannot stay on the line, DUI may be suspected.

3. One Leg Stand Test

Another balance test. Suspect has to balance on one foot for a duration. Obviously, stumbling or falling might indicate DUI.

4. Rhomberg Test

Yet another balance test. The suspect must tilt his or her head backwards and count for a duration. Again: stumbling, tipping, or a loss of balance might indicate DUI.

5. Finger-To-The-Nose Test

Suspect must stretch her arms and attempt to touch her fingers to her nose with her eyes closed. If she misses her nose, DUI can be suspected.

Officers can also request a suspect to recite the alphabet in reverse or pass other tests of mental coordination. Failures, incoherent responses, and non-cooperation may all be construed to indicate potential intoxication.

Have you or a loved one has been pulled over for driving under the influence in Pasadena or elsewhere in Southern California?

Continue reading " Painter Thomas Kinkade Stopped for Southern California 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" »

Celebrity Los Angeles DUI blogs, such as TMZ.com, have lit up over the recent travails and tribulations of septuagenarian actor Rip Torn. Last week, the legendary actor showed up in court pursuant to a charge that he broke into a Connecticut bank while under the influence of alcohol – and while in possession of a loaded firearm. According to arrest reports, Torn smashed open a bank window and crawled inside. Police found him and held him in a North Canaan, Connecticut jail on a $100,000 bond. Torn (through his lawyer) later released a statement that said that he had been confused and had thought that the bank was actually his house.

Torn has famously dodged two charges of DUI within the past several years. In 2004, the actor crashed his car into a cab in New York City and got hit with a DWI charge. He allegedly went on a crazy rant at the police station but managed to get clear of the DWI charge. The actor got into more DWI trouble in North Salem, New York in December 2008 (while driving with a Christmas tree tied to the hood of a Subaru, no less!). Torn managed to escape significant penalties for that DUI because he completed his alcohol education program.

Speaking of blood alcohol tests, let’s segue into a practical discussion about one particular kind of BAC test – the breathalyzer – as it applies to cases of driving under the influence in Pasadena (and other places in Southern California).

The breathalyzer is typically administered after an officer has pulled over a suspect for Pasadena DUI. That said, police may defer administering a breathalyzer until after a suspect has been placed under arrest and taken to a station.

Remember: Just because breathalyzer test suggested that you were driving DUI in Glendale does not necessarily prove it.

Breathalyzers are far more flawed than most people – even most police officers – realize. A savvy Southern California DUI attorney can often pick apart bad police work, inconsistent testing, and other flawed police methodology. Common problems with breathalyzers include:

• They do not distinguish between men and women.
• Diabetics and other sick individuals may yield false positives due to chemicals in their breath.
• The BAC reading can depend significantly on the depth of your breath (a shallow breath can have a much lower BAC than a deep breath, e.g.).
• The machine can confuse other chemicals with ethanol (the active ingredient in alcohol).
• The machine may have been improperly calibrated, read, or administered.

So how can you (or a loved one) effectively respond to charges of driving under the influence in Southern California if you believe that your breathalyzer test was inaccurate or unfair? A prudent approach is to retain a top caliber Los Angeles DUI defense attorney to go over your options and plot out a strategy for you.

Continue reading "Actor Rip Torn in Court for Burglary Case -- Celebrity Los Angeles DUI Blogs Have Taken Notice!" »

A standard Los Angeles DUI stop in Santa Monica last Tuesday escalated to gunfire. The passenger in a vehicle stopped at 1.30 a.m. on the corner of Lincoln Boulevard and Bay Street shot a police officer while the driver was being put through the paces of a field sobriety test. Fortunately, the 16-year veteran officer did not sustain life-threatening injuries, although a bullet wound to the abdomen sent him to the hospital for extensive treatment.

Assailant caught after all-night chase

After shooting the police officer, the passenger fled. K-9 officers, police, and SWAT team members descended on the area and managed to track down the suspect three hours later. At 5:10 a.m., the suspect again engaged the police in gunfire. Officers shot the suspect, wounding him, and then took him into custody. The driver who was originally pulled over for Southern California DUI suspicion was arrested for DUI. Charges against both men are pending.

During the chase, police urged local Santa Monica residents to stay inside as dozens of armed officers patrolled the neighborhood. KABC News quoted sergeant Jay Trisler: “There was somebody who shot an officer, and we were really concerned about the public safety.”

Fortunately, most arrests for driving under the influence in Southern California do not escalate to violence and do not involve serious injuries. Field Sobriety Tests, on the other hand, are extremely common – whether you get pulled over for DUI in Burbank, DUI in Long Beach, or DUI elsewhere in the Southland.

So what are Field Sobriety Tests (FSTs) and how do they work?

Sobriety tests are tests that police officers conduct in the field, ostensibly to determine whether there is enough evidence to make a DUI arrest. In practice, however, officers often conduct these tests merely to gather evidence to potentially use against you in a court of law.

Officers use a Preliminary Alcohol Screening (PAS) Test to get an unofficial reading of your blood alcohol concentration (BAC). They can also put you through the paces of several mental and physical exams. The Horizontal Gaze Nystagmus Test measures pupil reaction time. Other tests -- such as the Walk the Line, the One Leg Stand, the Rhomberg, and the Finger to the Nose -- measure coordination and balance.

An officer who pulls you over for suspicion of driving under the influence in Long Beach may test your mental coordination by asking you (for instance) to recite the ABCs in reverse. The results of FSTs are by definition subjective – they are the officer’s opinion. Be aware that the National Highway Traffic Safety Administration (NHTSA) recognizes only 3 FSTs that yield significant results: The Horizontal Gaze Test, the One Leg Stand Test, and The Walk and Turn Test. But even these “gold standard” FSTs can yield a flawed diagnosis.

So what should you do if you or a loved one has been arrested for driving under the influence in Burbank (or elsewhere)?

Continue reading "Standard Los Angeles DUI Stop Turns Scary as Passenger Shoots Police Officer" »

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" »

In 2007, actress Lindsay Lohan netted her second Southern California DUI conviction. Her hard-partying ways made her notorious in tabloids and online gossip forums. Two weeks ago, her dad, Michael Lohan, called the police to the starlet’s home, fearing that his night-clubbing daughter might be putting her younger sister Ali in harm’s way. The 23-year-old got a warning last fall to adhere closely to her probation terms. Otherwise, said Judge Revel, “the deputy district attorney will be asking for jail time.”

Although Lohan’s attorney claims that the starlet has maintained substantial compliance with the terms of her probation, she allegedly has not been following Judge Revel’s orders to go to her alcohol classes once a week. Lohan has a May 20th hearing. The Freaky Friday actress has also been in a public war of words with her ex-girlfriend, Samantha, on Twitter, and she was recently fired off a movie.

Lohan’s multiple celebrity Los Angeles DUIs have served as a cautionary tale to other Hollywood starlets and would-be violators of California Vehicle Code Sections 23152(a) and 23152(b). If you are arrested for a violation of the CVC codes and charged with DUI in Burbank or DUI in Beverly Hills, the court has a wide latitude of punishments it can dole out.

First time offenders, for instance, can receive 48 hours in jail, a fine of $1,000 (in addition to court costs, which can be substantially more), suspension of the California driver’s license, forced installation of interlock ignition device in your vehicle, strict terms of probation, and, of course, mandatory alcohol school. (Lohan’s mandatory alcohol school sentence was actually far less than the maximum the court could have imposed – nine full months – for a first time Beverly Hills DUI conviction.

Second, third, and fourth arrests for driving under the influence in Southern California (or elsewhere in the state) obviously carry stricter penalties, harsher terms, bigger fines, more jail time, and so forth. Again, the court has a lot of leeway in terms of how it chooses to punish repeat offenders (those who get multiple DUIs within 10 years time).

So what should you do if, like Lindsay Lohan, you have been tagged for DUI in Los Angeles?

One smart move is to retain an experienced trial attorney to defend you. Even if your charge is minor, and there are no complicating factors, you never know what can happen once your case comes into play. And even minor errors in your legal defense can have profound ramifications for your future, your pocket book, and your freedom.

Continue reading "Lindsay Lohan Non-Compliant with Probation for her 2007 Southern California DUI?" »

In the annals of arrests for driving under the influence in Southern California, the March 3 bust of 56-year-old Roy Ashburn for driving with a BAC of 0.14% in Sacramento wouldn’t stand out as particularly noteworthy -- but for two salient points:

1. Roy Ashburn is a State Senator from California (a representative of District 18).
2. The Senator was busted after leaving a gay bar called Faces with a young male Latino in his car -- this in spite of his pronounced anti-gay voting record and the fact that he had been married with five children.

In the wake of the arrest, Ashburn quickly confessed to the press the he was gay. He justified his 12+ years of Assembly and State Senate voting against gay rights by saying that he was simply following the wishes of his conservative constituents. Southern California DUI bloggers have noted that the Republican senator’s ordeal has rhymed closely with the travails of other recently outed Republicans, like evangelical Ted Haggart and senator Larry Craig, who was caught playing footsie with a federal agent in a public men’s room.

According to California Vehicle Code Section 23152(a) and 23152(b), most first time offenders will be charged with a misdemeanor. The court has an array of punishments at its disposal, including mandatory time in custody (48 hours), fines of up to $1,000 in addition to court costs, mandatory suspension of California vehicle license for a full year, mandatory alcohol school, formal probation, and mandatory installation of an interlock ignition device in your car or truck.

Ashburn was given 2 days jail time -- one of which he served while being in custody during arrest. The other day will involve him working for the Sheriff's Department. He also has to pay fees and costs of around $2,000, and he will face three years of probation.

According to the senator’s spokesman, Ashburn “accepts full responsibility for his actions [and wants to be] treated like any other resident of California would be treated.”

Although few would argue that the senator got off “easy” for what he did, others charged with similar crimes of driving DUI in Glendale or DUI in Burbank can wind up with much more serious penalties, including longer stints in jail, harsher terms of probation, and much higher costs and fees.

In fact, if you injure someone while driving DUI in Glendale, and the prosecution can prove that your driving DUI led to an accident that caused the injury, you can be charged under California Vehicle Code (CVC) Sections 23153(a) and 23153(b), which could elevate your misdemeanor to a felony charge. If convicted, you could be stripped of your right to vote and forced to spend longer time in jail.

So what can you do if you’ve been hit with a Burbank or Glendale DUI charge?

Continue reading " Southern California DUI Punishment Update -- State Senator Roy Ashburn Given Jail Sentence for March 3rd DUI" »

While celebrity Los Angeles DUI blogs typically report on misbehavior of Hollywood A-listers, such as Mel Gibson and Nick Nolte; this week, former NHL great Chris Chelios’ battle with DUI in Chicago is consuming much of the blogosphere’s oxygen.

Chelios -- who formerly played for the Chicago Blackhawks and who helped his teams bring home three Stanley Cups -- was stopped on December 28 at 4 a.m. under suspicion of DUI in Westmont, Illinois. Last Wednesday, prosecutors finally agreed to drop DUI charges against Chelios, although the NHL legend did agree to pay $500, plead guilty to speeding and improper lane use, and consent to half a year of conditional probation.

At issue in this case was a 50-minute long police videotape of the stop, during which Chelios admitted to having had a few drinks before driving. Judge Pierce ruled that the video showed that police did not have probable cause for the stop, and he blocked prosecutors from using the arrest tape at trial. This move convinced prosecutors to give up their attempt to pin the DUI on Chelios.

The NHL legend (who still plays professional hockey with the Atlanta Thrashers, even though he is 48 years old) issued a contrite statement after prosecutors dropped the DUI charge, saying that: “I’m going to learn from it.”

What happens at a typical Southern California DUI field sobriety test?

Officers test suspects both physically and mentally.

o The most common first test is called the horizontal gaze nystagmus test, in which an officer tracks the suspect’s eye movements to see whether he or she can follow an object.
o Another test is “walk the line.” Police ask the driver to pace nine steps in one direction and nine steps back -- often on a marked line. If the driver loses his or her balance, that might indicate DUI.
o The one-leg stand test requires the driver to stand on one foot for 90 seconds. Again, a loss of balance could indicate DUI.
o Next up is the Rhomberg test, in which a driver must lean back and count to 30. A loss of balance (such as stumbling backwards) could indicate DUI.
o The finger-to-nose test also assesses coordination.
o Officers can also use tests like reverse counting or even subjective measures to determine whether someone has been driving under the influence in Southern California.

Whether you're charged with a DUI in Burbank or a DUI in Glendale or elsewhere in the Los Angeles County area, you’ll likely need good legal representation to develop a solid defense to charges against you.

Differences among Los Angeles DUI attorneys abound. Not all Burbank DUI lawyers are equally skilled at handling prosecutors and going to trial.

Continue reading "Sports Celebrity Los Angeles DUI Blogs Debate Chris Chelios’ Sentence" »

Blogs that follow celebrity Los Angeles DUI arrests have seen a spike in interest in the criminal history of country singer Mindy McCready, thanks to new news reports suggesting that an hour-long sex tape starring the singer is set to be released.

McCready is no stranger to charges of driving under the influence. She was one of the main participants in 2010 Celebrity Rehab with Dr. Drew. Nashville Police stopped her in 2005 for suspicion of driving under the influence. Although the jury scrapped those DUI charges, they convicted McCready for driving on a suspended license. McCready has also been arrested in Arizona (for a battery of charges, including identity theft and hindering prosecution), Florida (for drug charge violations), and Tennessee (for probation violations).

The surfacing sex tape may give the beleaguered country singer a publicity boost as she releases “I’m Still Here,” her first country album in nearly a decade and a half.

McCready’s arrests have been scattered around the country, and she’s only technically been arrested for DUI once. But what happens to individuals -- celebrities or not -- who get charged with driving under the influence in Southern California more than one time?

As you might suspect, penalties increase for every additional Long Beach DUI arrest.

For instance, a first time Los Angeles DUI offender might be charged with a misdemeanor, for which the court can impose various penalties, including mandatory two full days (48 hours) in jail, a fine of $1,000 along with court costs, a six weeks minimum sentence of alcohol school, and a mandatory installation of an interlock ignition device. The court can also impose additional penalties and strict terms of probation.

If you get convicted of a second count of driving under the influence in Long Beach (within ten years), your mandatory minimum jail time goes up (4-10 days minimum), as does your mandatory alcohol school time (18 months). You will lose your license for two years (instead of one).

If you're arrested a third and fourth time (or more) for Southern California DUI within a ten-year span, your penalties will become increasingly strict:

• longer jail sentences
• harsher probation terms
• longer driver’s license suspension
• possible upgrading to felony charges
• higher fines and court fees
• other punishments that the judge may devise

Dealing with charges of Long Beach DUI

Whether you're facing your first or fifteenth DUI offense, it almost certainly behooves you to discuss your case in confidence with an experienced Los Angeles DUI attorney.

Continue reading "Mindy McCready Back in the News -- not for a Los Angeles DUI -- but Rather for a Sex Tape Scandal" »