Los Angeles DUI Attorney Blog

As this blog reported, last June 17th, Jani Lane of the 80’s rock band Warrant was arrested for driving under the influence in Los Angeles. The “Cherry Pie” singer is back on the headlines once again after failing to show up for two hearings pertaining to his Los Angeles DUI probation.

The 46-year old singer pled no contest to his misdemeanor L.A. DUI charge and got a relatively light sentence that included three months of alcohol school, one month of community service, and three months of probation. He was due in court on February 23rd, 2010, but he didn’t show up. The judge rescheduled his appearance for February 24th, but Lane again failed to show. According to the website TMZ.com, Lane’s lawyer said that the singer is in the hospital for unknown reasons, and that he will not show up in court until next week.

The judge in Lane’s case has actually issued a warrant for the lead singer of the band Warrant – an irony not lost on Lane’s fans and snarky commentators in the media and blogosphere.

Lane’s DUI in Burbank accident occurred at the corner of Topanga and Ventura Boulevards. At the time, he got out of jail by posing a $30,000 bail. The minor traffic accident did not result in any serious injuries to any parties, fortunately.

But what if it had?

Two key sections of California Vehicle Code stipulate punishments for individuals who injure others while driving under the influence in Burbank or elsewhere in California. These sections are 23153(a) and 23153(b).

23153(a)

This section says that if you drive DUI and cause an accident that leads to someone being injured, this will elevate an ordinary misdemeanor DUI charge to a felony DUI charge, assuming that the injury was directly or indirectly caused by the DUI driver’s use of drugs and/or alcohol.

23153(b)

This section says something quite similar. It says that if you operate a motor vehicle with a blood alcohol concentration (BAC) exceeding the state’s legal limit of 0.08%, and then you hit someone and cause an injury or otherwise violate the law and cause an injury, this can be charged as a felony. 23153(b) also lays out the punishments that can be imposed, which range from jail time to forced restitution to a victim (and/or the victim’s family) to steep fines and court costs.

What should you do if you or a family member has been charged with driving under the influence in Burbank or elsewhere in Southern California?

A good attorney can be immeasurably helpful. Without excellent legal representation, you could wind up with much steeper penalties than you might otherwise.

Continue reading "Warrant Slapped on Warrant Singer for Skipping Out on Los Angeles DUI Hearings" »

Last Wednesday, Chargers wide receiver Vincent Jackson pled guilty to driving under the influence in Southern California in January 2009, and prosecutors set the terms of his sentencing.

The 27-year old Jackson had been arrested in January with a BAC of 0.17% (California’s legal limit is 0.08%). The January ’09 arrest was actually his second Southern California DUI. He was busted in June 2006 and convicted for that DUI -- netting him a $1,750 fine and five years of probation. This time, he did not get off so easily. In addition to a concomitant fine (of $2,408) and another five years probation, the wide receiver will have to do 15 days of community service and will likely be suspended by the National Football League for at least two games.

In light of recent comments Jackson made in the radio interview, during which he taunted his prosecutors, many analysts are saying that Jackson is getting off pretty easy. For a comparison, the City Attorney’s Office had requested the Judge to give Jackson 180 days in jail -- also known as “substantial custody.” City attorneys were also miffed because Jackson managed to pull off a string of continuances that allowed him to delay his Southern California DUI sentencing until after the NFL season. (Nevertheless, San Diego’s City Attorney did not oppose the two continuances when they were filed.)

The Jackson sentence may or may not be an aberration, depending on who you speak to. But how do the sentencing guidelines differ for first and second time Burbank DUI offenses?

Sentencing can depend on a host of factors, including the context of the DUI arrest, whether or not the defendant cooperates with prosecutors, whether anyone was injured during, and so forth.

That said, typical first time penalties for Southern California DUI include:

• 48 hours in jail with six months maximum imprisonment
• Mandatory installation of Interlock Ignition Device (IID) -- this is a new punishment that went into effect in January 2010
• Six weeks minimum DUI alcohol school (nine months maximum)
• A suspension of California driver’s license for a full year
• $1,000 fine
• Court costs (often can be significantly higher than $1,000)
• Strict terms of formal probation for misdemeanor DUI offenders

Second time DUI offenders typically can get the following penalties:

• Jail time of four to ten days (minimum); maximum six months
• Two year suspension of California drivers’ license
• 18 months minimum DUI alcohol school (30 months maximum)
• Imposed installation of IID
• Fines and court costs which can be much higher than first time DUI fines
• Probation terms which can be much stricter than terms for first time violators

For help analyzing your Burbank DUI defense, you may need to turn to an experienced attorney.

Continue reading "“Guilty” Verdict Handed Down in Southern California DUI Case for Pro Bowl Wide Receiver" »

On January 23rd, two individuals both driving under the influence of alcohol in Burbank collided into one another, causing minor injuries and damage. According to investigating officer, James Laforce, here is what happened:

A car traveling eastbound on Sherman Way attempted a U-turn, when an oncoming truck plowed into it, knocking the car onto a nearby curb. The truck, meanwhile, slammed into a Ford Mustang parked nearby. The truck driver -- along with his passenger -- fled the scene, but both men were apprehended and arrested shortly thereafter for trying to break into someone’s residence.

The truck driver got tagged for a felony hit and run charge; he is currently being investigated for a misdemeanor DUI charge. Meanwhile, the 20-something-year-old woman who had been driving the car got taken to hospital for minor injuries. Reports suggest that neither her, nor her passengers, suffered any life-threatening injuries. Nevertheless, the woman was hit with a felony Los Angeles DUI charge.

Laforce had this to say about the accident: “it was ugly… they are lucky they are alive.”

In this Burbank DUI instance, fortunately no one got seriously injured or killed. But what happens if someone dies in a Southern California DUI crash? What kinds of charges might a driver face?

The answer, obviously, depends on the circumstances of the accident. California Penal Code Section 191.5(a) describes the charge of gross vehicular manslaughter while intoxicated. To prove this kind of charge, prosecutors must show four key things:
1) The person drove a motor vehicle with a BAC of 0.08% or higher; or otherwise clearly drove under the influence of a drug;
2) The person committed a driving infraction or unlawful act -- such as a misdemeanor -- that could potentially cause someone to die;
3) The driver not only committed this unlawful act or infraction, but he or she did so with gross negligence;
4) This gross negligence led to someone’s death.

DUI murder charges (a.k.a. Watson murders) carry even stiffer penalties and harsher jail sentences than do charges of gross vehicular manslaughter while intoxicated.

Whether you’re facing a (relatively) minor misdemeanor Burbank DUI charge, or you’ve been arrested for gross vehicular manslaughter while under the influence, you are entitled to a sound and competent defense. Given how much is at stake, it makes sense to invest in high quality legal representation.

Continue reading "Double Trouble: Twin felony Los Angeles DUI charges handed out after two DUI drivers crash into each other" »

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" »

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" »

According to a CBS news report, 41-year-old Silviano Ramirez has been arrested for misdemeanor DUI with injury in Los Angeles following a late evening collision near Lankershim Boulevard. At around 9:30 PM, Ramirez -- who was later tested to have a BAC level of 0.15% -- attempted a non-sanctioned U-turn and plowed into a patrol car, injuring both police officers inside and giving one of them a broken nose. The cop car ricocheted into a third vehicle, sending the driver of that vehicle to the hospital with injuries.

Ramirez was arrested at the scene and charged not only with driving under the influence in Los Angeles but also with driving on a suspended/restricted California license. He is scheduled to appear in Van Nuys Superior Court on Friday to face an arraignment.

You don't need a Southern California DUI lawyer to understand that crashing into a cop car while driving with a BAC of nearly twice the state's legal limit is asking for trouble. Yet although the suspect stands accused of DUI with injury, the terms of his punishment could vary substantially, depending on how badly he injured the two police officers and the other driver.

This is a key point. In most people's minds, all Los Angeles DUI injury cases "rhyme" -- that is, they're all punished roughly equally. However, the law -- as defined by two critical codes, California Vehicle Code Section 23153 (a) and California Vehicle Code Section 23153 (b) -- stipulates a diverse set of possible punishments. To convict you of a felony injury DUI, a prosecutor must make a special and concerted effort to show the following:

* You drove under the influence of alcohol or drugs
* You drove with a BAC of 0.08% or higher (can be less if, for instance, you're under 21 years of age)
* You disobeyed a traffic law (in this case, Ramirez conducted an illegal U-turn, so that would likely qualify as a violation)
* The illegal driving act directly led to the injury in question

A superficial assessment of this Southern California DUI case suggests that the defendant may have a particularly difficult road to hoe. For one, he hit police officers. Secondly, he injured the officers. He also made an illegal U-turn. Finally, he allegedly drove while on a suspended/restricted license.

Nevertheless, a methodical and battle tested Los Angeles DUI attorney could help him craft a logical and workable defense strategy.

Continue reading "Los Angeles DUI Suspect Charged with Smashing into Cop Car In North Hollywood" »

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" »