Los Angeles DUI Attorney Blog

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" »

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" »

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" »

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" »

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" »

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" »

Blogs and tabloids devoted to the topic of celebrity Southern California DUI arrests lit up last week after Sonja Morgan -- one of the newest members of the “Real Housewives of New York City” cast -- was busted for DWI in South Hampton Village, New York. According to the New York Post, the 46-year-old actress hurtled through a stop sign near First Neck Lane just after 2 in the morning. Allegedly, she had been partying with friends on East End over the holiday weekend. Morgan recently divorced John Adams Morgan, the great grandson of financial tycoon J.P. Morgan. Allegedly, she refused to take a breathalyzer at the scene. No court date has been set yet for her DUI charge. It’s also unclear whether or not her arrest will impact her appearance on Bravo’s hit reality TV series.

When you read about arrests like Morgan’s – whether they are celebrity run-ins with police or more “pedestrian” arrests for, say, DUI in Glendale -- the focus is often on breathalyzer tests. But what are breathalyzers? Do they really work? And if you have been pulled over for driving under the influence in Pasadena, can you challenge the results of these tests?

Breathalyzers are chemical tests for DUI. Essentially, a breathalyzer is a portable chemical analysis machine. You blow into it. The machine analyzes the chemical composition of your breath. From there, a police officer is supposed to be able to extrapolate your level of blood alcohol concentration.

The machine is a great idea in theory. The problem is that, in practice, many things can skew the results.

For instance, if you are diabetic, you might have chemicals in your breath that might read as alcohol and thus yield a false positive. Also, men and women process alcohol at different rates and this can skew the results. Even the depth of the breath you breathe out can radically swing the results. If you breathe out shallowly, you will have a lower BAC rating (in general) than if you breathe a deep breath out. (Note: This may explain why many police officers encourage Los Angeles DUI breathalyzer suspects to breathe deeply into the breathalyzer).

An experienced Southern California DUI attorney can help you challenge breathalyzer results on a number of grounds – from challenging the care and handling of the machine itself to attacking the administration and testing to calling into question other details of the arrest or police work.

To build a solid case, however, you need an attorney who has been around the block with Southern California DUI defenses.

Continue reading "Celebrity Los Angeles DUI Bloggers Agog Over Real Housewife DWI Arrest" »

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!" »

Corey Dillon, a retired NFL runningback who played for the Cincinnati Bengals and New England Patriots, was pulled over for driving under the influence in Southern California at 4 a.m. last Wednesday, according to officials from the Lost Hills Sheriff's Station.

The 35-year-old Dillon was stopped in his 2010 Chevy Camaro near the 101 Freeway on Mulholland Drive. Allegedly, he had a male passenger with him. The lieutenant who filed the report said that “Mr. Dillon displayed multiple symptoms of being under the influence… and admitted to having been drinking earlier in the evening.” Authorities released Dillon later on a $5,000 bail, pursuant to his agreement to show up in court on June 21 in Malibu to face the charges.

The 35-year-old retired from active NFL duty in 2007. He was a member of the 2004 New England Patriots World Championship team.

If you get pulled over for driving under the influence in West Hollywood, Beverly Hills, Malibu, or a less ritzy town in Southern California, police will likely subject you to a series of tests to determine whether you are under the influence. The order of these roadside sobriety tests can vary. But police usually stick close to a preordained script. The tests typically include:

1. Horizontal Gaze Nystagmus Test

Officer administers an eye exam – ordering the driver to follow a moving object. DUI might be suspected if the pupils bounce back and forth or the driver cannot follow the object.

2. Walk the Line Test

Driver is asked to walk nine paces forwards and backwards. If he or she falls over or stumbles, DUI might be suspected.

3. One Leg Stand

This is another balance test. It is very straightforward. The suspect simply stands on one leg and tries to balance for 30 seconds. If the driver trips over, DUI might be suspected.

4. Romberg Test – another balance exam. In this one, the suspect tilts his head backwards and counts till 30. Again, any kind of stumbling or falling might indicate Los Angeles DUI.

5. Finger to the Nose

This test is often portrayed in TV and films. A driver closes his eyes, stretches his arms and attempts to touch his fingers to his nose. A lack of coordination could indicate DUI.

6. Other tests

Officers can ask drivers to perform other tests of mental acuity and physical coordination. They will also look for signs of a lack of balance as well as eclectic behavior.

What to Do If You or a Family Member Has Been Charged with DUI in Beverly Hills (or elsewhere in Southern California)?

In the vast majority of cases, it will behoove a defendant to retain an expert DUI attorney. Your charge may seem straightforward and relatively minor. But if you put up an inaccurate or less than effective defense, you could wind up with serious jail time, fines, forced alcohol school, license suspension, and numerous other penalties.

Continue reading " Former NFL Runningback Busted for Southern California 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" »

Sports commentators and celebrity Los Angeles DUI bloggers alike have been buzzing about the arrest of Dorell Wright, who was pulled over for driving under the influence in South Beach, Florida, last Thursday.

According to the Miami Herald, the 24-year-old Wright -- who had been playing his best season since he had knee surgery in 2008 and who had just lifted the Heat to a 108-97 win over the L.A. Clippers – was pulled over at around 3.30 in the morning for driving erratically in his 2005 Bentley. The officers who stopped him noticed that he had red and watery eyes, odor of alcohol on his breath and slurred speech. In addition to the South Beach DUI charge, Wright was charged with speeding and driving without proof of insurance.

Wright is not the only member of the Heat team to have a hot run-in with police recently. On February 26, teammate Carlos Arroyo was pulled over for impeding the flow of traffic. Arroyo got into a kerfuffle with officers that resulted in a misdemeanor charge.

Why did the officer suspect Wright of driving DUI?

The signs of driving DUI are surprisingly universal -- whether you are pulled over for DUI in Beverly Hills or DUI in South Florida.

Symptoms of Los Angeles DUI include the following:

• Bloodshot/watery eyes
• Breath that smells like alcohol
• Erratic behavior (in person and on the road)
• Incoherent story telling/logic
• Loss of balance
• Stumbling/staggering
• Slurred speech
• Belligerence towards officers
• Inability to track a moving light source (failing the “horizontal gaze nystagmus test”)
• Opened containers of alcohol in the car
• Admission to having “had a few drinks”

Whether you are pulled over for driving under the influence in Hollywood in a brand new Bentley or you are stopped for DUI in Southern California in any other kind of car (or in any other kind of circumstance), the legal defense you put up can make a tremendous difference in terms of your ultimate sentence/rehab arrangement.

An excellent defense lawyer can potentially break down the prosecution’s case against you by, for instance, challenging the results of a breathalyzer test that show that you were above California’s legal limit of 0.08%.

So how can you find a knowledgeable and sophisticated Los Angeles DUI attorney?

Continue reading "Los Angeles DUI Blogs Abuzz with News of Miami Heat’s Dorell Wright’s Arrest" »

Many DUI in Beverly Hills cases begin when an intoxicated celebrity drives way over the speed limit in a fancy car and gets nabbed by the police for his or her hubris. Well, All Star NHL Goalie Nikolai Khabibulin was arrested last week for doing just that, when he was cuffed near Scottsdale, Arizona. Here is the story:

On February 8th, the goaltender blasted his red Ferrari down a Scottsdale road at 70 miles per hour -- more than 25 miles per hour over the speed limit. Local police pulled over the 37-year-old and gave him a field sobriety test after noticing the odor of alcohol on him. Khabibulin was subsequently arrested and charged with DUI and speeding. According to the General Manager of the Oilers, “Nikolai has been fully cooperative with the authorities.”

Khabibulin, who signed a $15 million contract with the Edmonton Oilers in 2009, has been out since mid November thanks to a lower back injury. The Oilers have struggled without his finesse -- racking up the worst record in the league (19-36-6). (For comparison, Khabibulin’s record was 7-2-9 with just over three goals scored against on average for the '09-'10 hockey season.)

When police officers make DUI stops -- whether they do so in Scottsdale or Southern California -- what kinds of tests do they conduct?

Beverly Hills DUI police typically handle roadside stops ritualistically. In other words, they adhere tightly to a pre-scripted procedure:

The first kind of Southern California DUI field sobriety test usually given is the horizontal gaze nystagmus test. This is an eye exam designed to see whether the driver can track an object across a field of view. If the eye bounces around, this might indicate that the suspect is DUI.

The following test is the walk the line test. This is a balance test. A suspect must step nine paces in two directions over a line (such as a yellow dividing line). If she falls over, that might indicate she has been driving under the influence in Beverly Hills.

The next test is the one-leg stand test. This is another balance test. The driver stands on one foot for half a minute. Again, if he or she loses balance, this might indicate DUI.

The next test is the Rhomberg test, in which a driver tilts his head back and counts from 1 to 30. Again, a loss of balance might indicate DUI.
Officers can also employ coordination tests, such as the finger to the nose test.

Finally, mental coordination tests may be employed as well -- such as reverse counting tests.

Just because you fail a Beverly Hills DUI field sobriety test doesn't necessarily mean that you will be convicted. But you may need solid legal representation to help you build a good defense.

Continue reading "NHL All Star Goalie Slapped with DUI Charge: Not a Beverly Hills DUI, But Arrest Has Nevertheless Attracted Tons of Media Attention" »

On Wednesday, January 27, Adrian Pasdar, star of NBC's "Heroes" series, was pulled over for driving under the influence in Los Angeles. According to reports, the 44-year-old actor was speeding on the 405 in his Ford F-150 truck at nearly 100 miles per hour -- straddling two lanes of traffic -- when the California Highway Patrol pulled him over at 3 a.m. near Santa Monica Boulevard. After noticing an odor of alcohol coming from his car, the cops gave him a field sobriety test. Pasdar refused a breathalyzer and was remanded to County Jail and held on a $15,000 bond, which he posted at 8:30 AM. His misdemeanor Los Angeles DUI trial has been scheduled for February 24. Pasdar is married to Natalie Maines, one of the lead singers for the Dixie Chicks.

Whether you're pulled over for a Long Beach DUI on the 405 South, or a Burbank DUI on the 101, the California Highway Patrol administers similar kinds of field sobriety tests. What are the typical field sobriety tests (FSTs), and how do they purport to work? Here's a quick primer:

Gaze tests

The Horizontal Gaze Nystagmus test determines pupil coordination. An officer tracks the eye movement of a suspect following an object or a light.

Balancing tests

Common balancing tests include the One Leg Stand test, the Walk the Line test, and the Rhomberg test. With the One Leg Stand test, a driver is asked to stand on one leg. If he or she tips over, this might indicate DUI. The Walk the Line test is perhaps the most famous Southern California DUI field sobriety test. A suspect must walk nine paces back and forth on a straight line (e.g. a highway divider line). If the suspect "falls off," then he or she might be suspected. Finally, the Rhomberg test involves leaning back and counting to 30. Again, tipping over might indicate intoxication.

Coordination tests

The so-called Finger to the Nose test is perhaps the most common. In this exam, a driver closes her eyes and attempts to touch her nose after extending her arms. If the driver cannot "find" her nose, then DUI may be suspected.

Officers will also look for indicators of demeanor and constitution. For instance, let's say police pull over a person on suspicion of driving under the influence in Long Beach on the 405 South. In addition to performing the FSTs, officers will also look for signs like slow speech response, impaired motor skills, disheveled appearance, watery eyes, and general lack of coordination.

If you or someone you love has been stopped and arrested for a Long Beach DUI, you may need serious legal assistance to avoid dramatic punishments. The city does not want for lawyers who are willing to tackle Los Angeles DUI defense work. But take the time to find a lawyer who has talent, experience, and a proven trial track record.

Continue reading "Los Angeles DUI Charge for "Heroes" Actor Adrian Pasdar" »

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

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

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

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

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

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

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

Heidi Androl, a former contestant on Donald Trump’s realty show “The Apprentice,” was arrested Monday December 7 for a Southern California DUI on the 105 Freeway. The gossip website TMZ.com reported that Androl had been partying at Club Nokia (in honor of Luc Robitaille) prior to her arrest. She was reportedly going 35 mph -- significantly under the speed limit -- prompting an anonymous citizen to call the police. The CHP subjected her to roadside sobriety tests, which she allegedly failed.

What typical Southern California roadside sobriety tests do CHP officers employ on suspect drivers like Androl? Here’s a quick primer on the popular tests:

1. Horizontal gaze nystagmus test

This eye exam is often the first test an officer will use on an individual suspected of driving under the influence in Los Angeles. An eyeball typically “jerks” as it tracks a moving object, like a flashlight. Theoretically, a police officer can estimate impairment based on the angle of this jerk. But the science underlying this test is flimsy.

2. Coordination tests

These include:

a. one-leg stand test

b. walk the line test

c. finger to the nose test

d. Rhomberg test (in which a suspect leans his head back and counts up to 30.)

If the driver loses his balance, demonstrates poor reaction time, or shows a general lack of coordination, the officer might have reason to suspect Long Beach DUI.

3. Subjective evaluations

Independent of the field sobriety tests (FSTs) administered, an officer may arrest a suspect based on intuition. Fortunately for defendants, an officer’s “gut feeling” won’t likely be admissible as serious evidence in court.

Continue reading "Former “Apprentice” Contestant Busted for Southern California DUI" »

Southern California DUI blogs are abuzz with new video footage featuring the DUI arrest of hip hop artist Nas -- more formally known as Nasir Jones -- who was charged with the offense back in September. The gossip site TMZ.com publicized the six minute and 47 second video clip, which shows the rapper failing multiple field sobriety tests. According to a September 10th police report filed by the Henry County, GA police, Nas initially admitted to smoking marijuana prior to getting behind the wheel.

Nas has been a favorite target of gossip-mongers recently thanks to his high-profile divorce from fellow superstar artist Kelis (of ‘Milkshake’ fame). Fortunately for the rapper, the DUI charges against him have been dropped. And his once acrimonious divorce proceedings with Kelis seem to have settled down -- the two were seen laughing together outside their courtroom last week.

Although Nas’s arrest occurred in Georgia -- and thus he would not have needed the services of a Southern California DUI lawyer -- the trials and tribulations that beset many high profile defendants often showcase remarkably similar themes.

For instance, roadside sobriety test failures are often publicized as prominent “proof” that a particular defendant is guilty. But the reality is that roadside sobriety tests are far less accurate than advocates sometimes acknowledge. Consider the following:

The horizontal gaze nystagmus test is often the first examination given to a DUI suspect. Essentially, an officer tests whether the driver can effectively track a stimulus. If the eye reacts slowly or bounces back and forth, that might indicate DUI. But numerous factors can bias the test. For instance, all the following factors -- and more -- can cause a non-DUI driver to ‘fail’ the gaze test:

• being on a strong medication
• fatigue
• stress
• genetic (or other) disorders of the eyes

Other tests -- such as the walk the line test, the one leg stand test, and the finger to the nose test -- measure physical coordination to ascertain whether someone is DUI or not. But this kind of testing can likewise be biased or rendered meaningless by an array of factors including the ones aforementioned. In addition, illnesses, fear, or a simple innate lack of coordination can lead to false positives -- and thus to Long Beach DUI arrests.

Continue reading "Footage of Nas Arrest Lights Up Celebrity Los Angeles DUI Blogs" »

The AP has reported that Pamela Bach was arrested on charges of DUI in Southern California on Saturday night on the 101 freeway. The police report said that the former Baywatch beauty and (now ex-wife of David Hasselhoff) blew a BAC level of 0.13% or 0.14% -- significantly over the state's legal limit of 0.08%. She was booked at the Van Nuys jail and released after posting a $15,000 bond. Bach confessed to her misjudgment in a public statement: "I am remorseful and mortified. I am going through a really difficult time between David being in the hospital and going through the divorce."

According to the AP, Bach had been arrested in 2007 for a hit and run -- a charge which was later dropped when she reached a settlement with the woman whom she hit. She was also on probation for a DUI in Southern California she received back in August.

As a savvy Van Nuys DUI attorney would tell you, the legal defense for someone charged multiple times with DUI in California can be exponentially complicated. Multiple violations of California Vehicle Code Section 23152(a) and 23152(b) can result in increased penalties.

First-time DUI offenders face serious-enough penalties, including six weeks minimum alcohol school, suspension of driver's license for a year, 4 hours in police custody, fines, and other assorted penalties. But the punishments get much worse with multiple convictions. Second time offenders can receive a two-year driver's license suspension, a minimum of 18 months in alcohol school, and a mandatory four-day jail sentence. A third time offender can get a three-year driver's license suspension, 18 months minimum in DUI school, and a minimum of 120 days in police custody. A four time DUI offender (within 10 years) can get a minimum of 180 days behind bars (just for a misdemeanor DUI) and may have to pay additional fines and penalties.

If you or a friend or loved one has been arrested for Burbank DUI or DUI anywhere else in Southern California, look to the services of a qualified attorney.

Continue reading "Pamela Bach, ex-wife of Baywatch superstar David Hasselhoff, tagged for driving under the influence in Los Angeles" »