Los Angeles DUI Attorney Blog

A Southern California DUI arrest has the national media buzzing with its political implications. Early last Wednesday morning in Sacramento, State Senator Roy Ashburn from Bakersfield (R), was pulled over by the California Highway Patrol for driving erratically. Unidentified sources reported that the Senator had been partying at a local gay hotspot called Faces, and he had a male companion with him in his car. Ashburn has been a vociferous opponent of gay rights in California. For instance, he pushed hard for California’s Proposition 8, which passed in 2008, banning gay marriages in the state.

It is uncertain whether the 55-year-old Senator’s male companion (who was with him at the time of the arrest) was in any way linked with the Senator romantically.

Following his DUI arrest, Ashburn issued the following statement: “I am deeply sorry for my actions and offer no excuse for my poor judgment. I accept complete responsibility for my conduct and I am prepared to accept the consequences for what I did.”

Ashburn faces a primary challenge from another Republican for re-election to State Senate. According to various news reports, Ashburn has been charged with driving under the influence in Southern California as well as driving with a BAC above the state’s legal limit of 0.08%.

The News in Depth

Whether you are stopped for driving under the influence in Long Beach, Pasadena, Bakersfield, or Sacramento, two applicable laws are California Vehicle Code Sections 23152(a) and 23152(b).

The first section, 23152(a), defines what it means to be under the influence and talks about what might happen to you if you get convicted of the crime. The law stipulates that you could:

o lose your California drivers license
o be forced to pay restitution, court costs and other fees
o be jailed for a period of time
o receive points on your DMV record

California Vehicle Code Section 23152(b) stipulates that if you drive with a blood alcohol concentration of 0.08% or higher, this constitutes DUI, and you could receive the same punishments stipulated in Section 23152(a). In the case of Senator Roy Ashburn, from the news reports, it sounds like both of these Vehicle Code Sections might be applicable.

So what should you do if you have been arrested for DUI in Long Beach, Burbank, Beverly Hills, Sacramento, or elsewhere in the state?

Most defendants should connect with a credentialed, highly regarded Southern California DUI defense attorney ASAP.

Continue reading "Southern California DUI NewsFlash -- Anti-gay lawmaker busted for driving under the influence after speeding away from a gay bar in Sacramento!" »

Driving under the influence in Long Beach (or anywhere else in Southern California) is a serious criminal act -- one that can lead to horrific tragedies. Sadly, a 48-year-old man, Eddie Lumpkin, stands implicated in a recent and frighteningly brutal DUI homicide -- this case out of Chicago.

On Tuesday, Lumpkin -- who had been decorated with over three dozen traffic offenses over the past 20 years, according to the Chicago Sun-Times – plowed his van into six-year-old Jada Washington, killing her. Washington’s aunt, Tiuette Richardson, was severely hurt as well.

Despite all his traffic offenses (his latest occurred just weeks ago on January 31st, when he blew through a stop sign), amazingly, Lumpkin still had an Illinois drivers’ license. According to the Chicago Tribune, “The court records provide little information about why the tickets were dropped, but it could have been a lack of evidence, the failure of police officers to show up in court or any number of other things.”

Lumpkin has been charged with two counts of aggravated DUI as well as reckless homicide.

The laws concerning DUI murder in Southern California differ somewhat from the applicable Illinois laws. If Lumpkin had a hit and killed a six-year-old while driving under the influence in Long Beach, for instance, he could be charged with Gross Vehicular Manslaughter while Intoxicated (CA Penal Code Section 191.5(a)).

To win a case like this, prosecutors would have to show four things:

1. Lumpkin was under the influence of alcohol or drugs and drove with a BAC of 0.08% or higher.

2. While driving DUI in Long Beach (or anywhere else in Southern California), Lumpkin committed a misdemeanor, traffic offense or other act that could lead to death.

3. Lumpkin performed this misdemeanor, infraction or act with what’s known as “gross negligence” -- a standard of carelessness that’s beyond ordinary inattention or bad judgment.

4. The gross negligence led to the death of the six-year-old girl.

Cases of Gross Vehicular Manslaughter while DUI in Southern California can become incredibly complicated and can stretch out over months, if not years.

The consequences of a less than exact defense could lead to extreme punishments. So, if you or a loved one stands accused of a DUI in Long Beach -- whether you are contending with a simple misdemeanor or a complex charge like vehicular manslaughter -- you likely need competent and experienced legal counsel.

Continue reading "Serial Traffic Offender Kills Girl in DUI Crash: Parallels Other Cases of Southern California DUI Homicide" »

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" »

Last Friday, Corporal Elijah Fergusson (22) was sentenced for Southern California DUI manslaughter for a February 22nd, 2008 car accident that resulted in the death of an area doctor, Dr. Michael Sein.

On the night of the accident, Fergusson, a young marine who had just returned from a tour of duty in Iraq, had been playing drinking games on his marine base. His friends hid his car keys. But then Fergusson got into a phone altercation with his wife, who threatened to leave him. Determined to see her and his young child, the marine allegedly bullied his subordinates into letting him drive a Dodge Cavalier. But he got lost on the way to his house and ended up on McArthur Boulevard, where he slammed into the back of Seins’ vehicle at 74 mph.

Fergusson’s attorneys had argued that the marine got PTSD on his tour of duty in Iraq and that therefore he should be let off with a more lenient sentence. In the end, Judge Ronald Bauer of Superior Court agreed with the Deputy District Attorney’s recommendation of 15 years to life for the DUI manslaughter. (The family of the victim had asked for a 21 year to life term.)

The distinction between Southern California DUI vehicular manslaughter and DUI murder can be subtle. Most non experts assume that charges of vehicular manslaughter, gross vehicular manslaughter while intoxicated, and DUI murder are interchangeable. But in fact they are extremely different. They carry different penalties and require different burdens of proof.

In California, a vehicular manslaughter charge can be filed if a driver causes a traffic accident due to negligence, gross negligence, or the commission of a traffic infraction. Whether or not you were under the influence when the accident happened is immaterial for this charge.

The charge of gross vehicular manslaughter while intoxicated is far more serious -- pursuant to penal code section 191.5(a), the prosecution must prove four points in order for this charge to stick:

1) The suspect was driving under the influence in Southern California with a BAC level of 0.08 percent or more.
2) The driver committed an infraction, misdemeanor, or other act that could lead to death.
3) The infraction, unlawful act or misdemeanor could lead to someone’s death “with gross negligence.”
4) The grossly negligent actions of the driver were the cause of the death of somebody.

DUI murder charges are even more serious. These charges are often called “Watson murders.” If convicted, an individual can face 15 + years to life in jail. Watson murder charges are typically only brought in extreme cases. For instance, if the suspect has numerous DUI convictions and then gets behind the wheel while under the influence and kills someone, he or she might be subjected to a Watson murder charge.

If you or someone you know or love has been charged with vehicular manslaughter, gross vehicular manslaughter while intoxicated, or DUI murder in Southern California, you likely need a solid, well versed attorney to represent you.

Continue reading "Sentencing Issued in Southern California DUI Manslaughter Case" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thomas Dekker -- the star of the short-lived TV series: "Terminator: the Sarah Connor Chronicles," was arrested on Wednesday for driving under the influence in Los Angeles. According to a report from the celebrity blog TMZ.com, the 21-year-old actor slammed into a bicyclist and was booked on charges of felony DUI in Southern California. The accident took place at around 9 PM in the San Fernando Valley. Dekker's being held on a bail of $100,000.

It's unclear from reports how serious the bicyclist's injuries are; nor is it clear whether Dekker himself suffered injuries or whether any property was damaged.

Given the serious consequences associated with a conviction for felony DUI, Dekker will likely require the services of a qualified and experienced Los Angeles DUI attorney.

California Vehicle Code Section 23153 (a) mandates that, in the event that a DUI driver causes injury to another person or persons, his charge may be elevated from a misdemeanor to a felony. California Vehicle Code Section 23153 (b) outlines many of the penalties that can result from a felony DUI conviction. These can include fines and court costs, jail time, forced restitution to victims, and loss of other privileges and licenses.

That being said, a felony injury Los Angeles DUI conviction is by no means guaranteed. The prosecution must meet a heavy burden of proof. First of all, the prosecution must show that the defendant had been driving with a blood alcohol concentration of 0.08% or greater. Second, the prosecution must show that the defendant had committed some act of negligence or traffic violation that caused the accident that resulted in the injury.

To illustrate this point, let's consider a scenario in which a driver is DUI. But then a bicyclist blows through a stop sign and drives right in front of his car. The cyclist gets hit and injured. In this case, the driver can be convicted of a misdemeanor DUI, since he was under the influence. But he shouldn't be convicted of a felony injury DUI, since he had been obeying the traffic laws; the bicyclist provoked the accident by driving negligently.

As you can see, DUI legal issues can come become incredibly complicated. To make sense of your rights and obligations, you need to analyze and investigate. That's why many defendants trust attorney Michael Kraut to provide savvy guidance. Prior to representing criminal defendants, Attorney Kraut spent years prosecuting Los Angeles DUI cases -- essentially working for the "other side" -- and he leverages his intimate knowledge of the prosecutorial system to deliver superior results time and again.

Continue reading "Terminator Star Taken to Task for Southern California DUI; Bicyclist Injured" »

It’s a case that rivals a celebrity Los Angeles DUI escapade -- and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour.

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That's twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison -- for each of the three charges -- and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. [According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator's blood sample was first sent to be analyzed.]

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it's almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Law Group. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.

Continue reading "Montana Senator Hit with Felony Charges For Boating Under the Influence -- Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters" »