Los Angeles DUI Attorney Blog

The annals of Southern California DUI news (and news about DUI from around the country) are filled with some seriously bizarre stories. This blog has attempted to highlight many of these. In particular, a disturbing (if accidentally humorous) trend that appears to be emerging is lawnmower DUIs. The latest lawnmower DUI arrest to hit the radar comes from Central Florida.

On the night of August 13, a man named Richard Paschen – who had three previous DUIs on his record and a suspended driver’s license – was caught by a Marion County Sheriff piloting his red lawnmower while under the influence of alcohol. The deputy who pulled him over, Gary Miller, told the press that Paschen admitted that he had had “a pretty good bit” to drink, and Paschen also had a cup full of beer with him in the lawnmower’s cup-holder. Paschen refused to take a breathalyzer test, and the officer arrested him and held him in Marion County jail under a bond of $30,500. Paschen’s defense: He claimed that he had gotten lost driving home.

It’s important to remember that you can get a Southern California DUI charge (and conviction) if you drive vehicles other than cars, trucks, and motorcycles. If you boat under the influence, that’s a crime, for instance. And this makes sense. When you pilot a complex and potentially dangerous piece of machinery, if you get distracted, uncoordinated, and uninhibited, you could cause serious damage to yourself and other people.

All that said, many people out there are confused about exactly what constitutes driving under the influence in Burbank (or elsewhere in the Southland), legally speaking. And this lack of knowledge about the law can be dangerous.

So let’s spell out once again what would be considered DUI in Burbank, according to California Vehicle Code Sections 23152(a) and 23152(b).

According to 23152(a), if the police catch you driving a motor vehicle (including a boat) while under the influence of illegal drugs or alcohol, you will be stopped and arrested and charged with a significant crime. Convicts will face myriad penalties, including California license suspension, fines and court costs, points on your license, jail time, and all sorts of secondary consequences coming off of that, such as higher insurance rates (which can add up to thousands of dollars over the long term), and problems getting hired and leasing an apartment or car.

So what should you do if you or someone you love has been pulled over and charged with a Burbank DUI? Rather than panic or procrastinate, connect quickly with a Los Angeles DUI lawyer who has the skills, knowledge, and wherewithal to help you develop a defense.

Continue reading "Los Angeles DUI Online Community Muses about Another Lawnmower DUI 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" »

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" »

Jani Lane, the 46-year old former front man of the ‘80s glam band Warrant, was arrested for driving under the influence in Southern California last Sunday at 3 in the morning after he plowed his black Infiniti into a parked car. Police who arrived on the scene found the ex-rocker -- famous for hits like Cherry Pie, Heaven and Down Boys -- in a bad state. Lane allegedly blew more than twice California’s legal limit of 0.08% on a breathalyzer test. According to California Vehicle Code Section 23152(b), driving with a BAC of more than 0.08% is an offense punishable by jail time, among other things.

Ironically, the officer who arrested Lane in Woodland Hills was the same officer who arrested him in 2009. As this blog reported, his July 2009 arrest led to a plea of “no contest,” and Lane was convicted of a misdemeanor DUI. Fortunately, no one was hurt at the scene, but if Lane is convicted of this latest charge, he will obviously be in violation of his probation.

If you are arrested for multiple charges of DUI in Burbank or DUI in Glendale, what punishments should you expect above and beyond those “typical” for a first misdemeanor DUI?

Obviously, penalties depend upon the context of the arrest and whether complicating factors exist. For instance, did you injure somebody in either of your Los Angeles DUI arrests? If so, you could be charged instantly with a felony. This would lead to penalties such as substantial jail time and steep fines. Plus, a felony charge can make it difficult for you to find employment and impossible to vote in elections. But even if both Burbank DUI convictions were not complicated by any other factors, your penalties can still go up significantly.

For instance, your mandatory jail time will go up, as will your court cost and fines. Instead of a one year mandatory California driver’s license suspension, you will face a two year suspension. Your probation will likely be stricter. You will face longer mandatory alcohol school. And so on.

So if, like Jani Lane, you’ve been cited more than once for driving under the influence in Southern California, it’s in your interest to retain a reputable and trial-proven attorney.

Continue reading "Warrant Singer Tagged for Second Southern California DUI in a Year" »

In an ironic Los Angeles DUI case, Miguel Santana, a 40-year-old LA city administrator, has been charged with driving under the influence in Southern California following an evening of partying with none another than District Attorney Steve Cooley. Last Monday, Cooley’s office filed Los Angeles DUI charges pursuant to Santana’s March 26th arrest in Covina for driving with a blood alcohol content of 0.15%.

Santana, who wields extensive budget authority for Los Angeles, attended an American Diabetes Association fundraiser at a Marriott Hotel along with DA Cooley on March 26. He left the party in a city-owned car and got stopped and arrested by the CHP (California Highway Patrol) in Covina. Santana made a $5,000 bail and issued a public apology the following morning. In the wake of the arrest, Santana entered an alcohol treatment program, turned into his city car, and took a temporary leave to deal with his legal situation. He went back to work on April 15th. A May 25th arraignment has been scheduled.

According to the DA office’s allegations, Santana had a BAC of 0.15%. What exactly actually does Southern California DUI law say about BAC levels?

Two California Vehicle Code Sections are critical: CVC Section 23152(a) and CVC Section 23152(b). 23152(a) says that a driver stopped while under the influence of alcohol or drugs can face criminal charges -- either a misdemeanor or a felony depending on circumstances. If you get convicted of multiple DUIs within a 10-year period, or if you injure someone during the commission of a Pasadena DUI, for instance, you may face a felony. Punishments can include a loss of California driver’s license, major fines, and mandatory installation of an interlock ignition device in your car.

23152(b) defines driving under the influence in Glendale (or elsewhere in Southern California) “per se” as driving with a BAC of 0.08% or higher. In Santana’s case, his BAC of 0.15% was nearly twice the legal limit – perhaps high enough over the limit for him to face additional charges on top of standard misdemeanor Southern California DUI.

What Can You Do If You or a Loved One Faces Similar Charges?

Legal options abound. But if you don’t take smart and decisive steps to build a strategic defense, you could wind up facing harsh penalties that can follow you for years.

Continue reading "Administrative Officer Charged by DA’s Office with Los Angeles DUI – After Leaving Party Hosted by the DA Himself!" »

Actress Heather Locklear, star of the TV series "Melrose Place," was hit with a misdemeanor hit-and-run charge Saturday; her case could be vastly complicated by her previous arrest for driving under the influence in Southern California in September 2008. According to the Deputy District Attorney for Santa Barbara, Lockley "could be facing a maximum of 90 days" in prison, if she's convicted of violating her Los Angeles DUI probation.

Play-by-play of the crash and arrest

On 4 A.M. Saturday night, a local Ventura County resident woke to the sound of a violent crash near his house. He investigated and saw a car smashed into a "no parking" sign. The driver peeled off. Concerned, the witness called the police, who investigated and connected Heather Locklear with the crash. Her black BMW had damage to its tire well that matched perfectly with damage to the "no parking" sign.

The police captain who cited Locklear did not handcuff her or take her to the station. Nevertheless, a court date has been set for May 17. (After her 2008 arrest, the 48-year-old actress was sentenced to 12 hours of road safety training, a $700 fine, and three years probation--in exchange for getting her Southern California DUI charge dropped.)

Whether a celebrity has been arrested for DUI in Burbank or for driving under the influence in Long Beach, she can be charged according to two DUI laws: California Vehicle Code Sections 23152 (a) and 23152 (b). The first statute says that if police stop you for driving under the influence of alcohol or drugs, they can arrest you and charge you with a misdemeanor or felony. Convicted offenders face jail time, suspension of California's drivers license, points on the DMV record, and major fines and court costs. 23152 (b) defines DUI in Southern California "per se" as having a blood alcohol content (BAC) at or above 0.08%.

Although a single conviction of DUI in Burbank may only result in a misdemeanor, the charge can be elevated to a felony if this is your third DUI within 10 years or if you hurt someone.

Legal assistance for dealing with a charge of DUI in Southern California

If you or a loved one has been arrested for DUI -- whether you face straightforward charges or more complicated ones like Heather Locklear now faces -- you can likely benefit from the counsel of an experienced and trial-proven attorney.

Continue reading "Heather Lockhear hit-and-run case could be complicated by her 2008 Southern California DUI" »

Across the blogosphere, reporters who cover celebrity Los Angeles DUI events have been chiming in with opinions about the arrest of Rod Strickland, an Assistant Coach for Kentucky’s basketball team and former NBA star (17-year NBA veteran, in fact). The 43-year old Strickland was arrested at 3 a.m. on April 13th in Lexington, Kentucky after police saw him run a red light.

Per court documents, Strickland failed a breathalyzer test. Police remanded him to the Fayette County Detention Center on charges of driving under the influence, running a red light and lacking registration and insurance.

Strickland has run afoul of the law numerous times over the past several years:

o In 1994, he and a fellow teammate on the Portland Trailblazers got into a fistfight with a truck driver, earning Strickland a misdemeanor battery charge.
o In 1998, Strickland collected his first DUI conviction.
o In 1999, while with the Wizards, he collected another DUI and reckless driving charge but managed to get acquitted.
o In 2001, in Virginia, Strickland got arrested for driving under the influence again.

The laws governing Kentucky and Southern California DUI matters are different in significant ways. Let’s look at a common test for Los Angeles DUI -- the famous Breathalyzer Test.

The breathalyzer is a handheld device that intakes a suspect’s breath and chemically analyzes it to determine its alcohol content. From the sample, analysts extrapolate a BAC number (blood alcohol concentration). If your BAC is at or above 0.08%, you can be found in violation of the California Vehicle Code Section 23152(b) and suffer a range of penalties, including court costs and fines, jail time, mandatory alcohol school, probation, and forced installation of an interlock ignition device.

Breathalyzers are not error-free, however. Indeed, a surprising variety of factors can interfere with test results. Men and women process alcohol differently and at uneven rates. Breathalyzers do not distinguish between ethanol -- the active ingredient in alcoholic beverages -- and certain other chemicals. Diabetics may blow false positives due to chemicals in their breath. Different exhalations can yield different BAC readings -- even from the same person taken at the same time! And calibration problems, administration problems, inadequate care of machinery and mis-reading the instrument can all lead to false positives -- and that can mean false convictions for Southern California DUI charges.

But what if a breathalyzer said you had a BAC above 0.08%? Will you be stuck with a Burbank DUI or Glendale DUI charge? Or can you do something to fight back and prove your innocence?

Defendants do have options to battle back. A reliable, trial-proven lawyer can investigate your breathalyzer test results and determine whether they can be challenged on any number of grounds. He or she can also devise a comprehensive strategy to dispute your Burbank DUI charge -- or at least provide a best-case defense for you.

Continue reading "Celebrity Los Angeles DUI Reporters Obsessed with Former NBA Star’s New 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" »

Celebrity Los Angeles DUI blogs that cover the public struggles of fallen actors, politicians, and athletes have been chattering nonstop since last week about former Mets All-Star pitcher Dwight Gooden’s arrest in New Jersey. According to the AP, the 45-year old former Cy Young Award winning pitcher slammed into another vehicle early morning last Tuesday and fled from the scene. He was later arrested for driving under the influence of drugs and fleeing the scene of an accident.

Gooden is no stranger to substance abuse and accidents. He has been dogged by scandal since early in his baseball career. Gooden led the New York Mets to a world championship in 1986, during which the team pulled off one of the all-time greatest comebacks in baseball history – beating the Boston Red Sox in Game Six after going down two runs in the bottom of the tenth inning with two outs and no men on base.

Gooden is scheduled to be inducted into the Mets Hall of Fame in the beginning of August along with former ‘86 teammate Daryl Strawberry and manager Davey Johnson. According to the AP report, no one was seriously injured in Gooden’s accident. But what if someone had been?

According to Southern California DUI law, as encapsulated in California Vehicle Code Section 23153 (a) and 23153 (b), drivers who hit and injure someone while DUI can be subjected to substantially increased penalties. Specifically, what might ordinarily be a misdemeanor Los Angeles DUI could be reclassified as a felony DUI. 23153 (b) spells out some of the punishments that drivers can face for this crime, which include steep court costs and other fines, hiked up insurance rates, forced restitution to injured victims, jail time, forced probation, and driver’s license suspension. 23153 (a) stipulates that if either alcohol or drugs contributes to the injury or accident, the driver can be subjected to a felony count.

If you have been tagged for a Long Beach DUI for hitting someone after driving under the influence in Burbank, you may need superior legal representation. But how do you find a good attorney to represent you against a charge, say, of DUI in Burbank?

Continue reading "Celebrity Los Angeles DUI blogs debate Fall Out from Dwight Gooden’s Arrest" »

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

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

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

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

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

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

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

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

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

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

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

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

St. Patrick’s Day, March 17th, is a notorious day for Southern California DUI arrests. 2010 was not that different. Consider statistics out of a single checkpoint in Bakersfield, California.

On March 17th, according to the Bakersfield Police Department Traffic Enforcement Detail, a checkpoint that ran from 5 pm to 7 pm on Golden State Avenue screened over 500 vehicles and netted a significant number of Southern California DUI arrests.

The official stats: 55 cars and trucks impounded, 41 unlicensed drivers cited, 8 drivers cited for violations of the California Vehicle Code, 12 drivers cited for driving on a suspended California license, 11 drivers required to perform a field sobriety test.

St. Patrick’s Day can be a dangerous day to drive because of all the alcohol-related frivolity. Bars, for instance, sponsor special deals and host parties. Alcohol manufacturers, such as Guinness and Jameson, also host parties and sponsor contests and the like.

St. Patrick’s Day is not the only dangerous day for Pasadena DUI events. Other holidays, such as the 4th of July, New Year’s Eve, Superbowl Sunday, Memorial Day Weekend, and Veteran’s Day witness more than their fair share of DUI incidents. The time of day you drive can also matter. If you want to avoid people who are driving under the influence in Pasadena, for instance, then steer clear of the roads late Friday night and early Saturday morning.

When police officers pull people over for suspicion of driving under the influence in Los Angeles, and they administer field sobriety tests, what exactly do they do?

Protocol differs from department to department. But several tests are “standard.” These include:

• Horizontal gaze nystagmus test -- this is a vision test. An officer has the suspect follow an object with his or her eyes. If the pupils do not respond correctly, DUI may be suspected.
• Walk the line test -- a suspect is asked to walk several paces in two directions. If he or she demonstrates a lack of balance or coordination, DUI may be suspected.
• Finger to the nose test -- suspect is asked to stretch out his or her arms and touch a finger to his or her nose with eyes closed. If the person “misses,” DUI may be suspected.
• Suspect leans his or her head back and counts to 30. If he or she loses balance, DUI may be suspected.

Officers also look at other factors, such as the suspect’s demeanor, coordination, logic (or lack thereof) of thought process, odor of alcohol, and any admission of guilt (such as statements like “I drank a lot of Guinness tonight.”)

What should you do if you’ve been tagged for driving under the influence in Pasadena (or elsewhere in Southern California)?

Given the consequences of getting convicted for DUI (which can include jail time, huge court costs, drivers license suspension, mandatory IID installation, etc.), it makes a lot of sense to get excellent legal representation.

Continue reading "Lots of Southern California DUI Arrests on St. Paddy’s Day" »

Sports reporters from ESPN and independent bloggers who cover celebrity Los Angeles DUI stories are demanding more information about the arrest of New York Yankees Senior VP, Mark Newman, who was pulled over last Monday for driving under the influence in Florida.

Newman, who has served the Yankees for over two decades in player development, was pulled over for DUI in Tampa and taken to Hillsborough County Jail, according to the AP. He allegedly did not take a blood alcohol test and got released after posting a $500 bail. An AP reporter left a message on Newman’s cell phone, which the executive did not return.

The Yankees have been working overtime to do damage control. The organization released this short statement 24 hours after the stop: “the team is taking the situation seriously and is looking into the matter.”

With so many incidents of athlete Los Angeles DUI in the news lately – just scroll through this blog, for instance, to see a veritable roster of A-List athletes in trouble – many bloggers and sports commentators are not satisfied with the dearth of information about Newman’s arrest. Here you have the Senior VP of Operations for the Yankees bustled for DUI, and yet the press only prints half a paragraph about the story.

Have we become so inured to stories about celebrities being busted for driving under the influence in Burbank (and elsewhere) that we no longer have the patience to track all the different instances of athlete DUI? What can be done to slow the flood of DUI arrests -- not just among athletes and celebrities but also among “common” citizens?

We believe that if people understood the law clearer, we would likely see fewer instances of DUI in Burbank (and elsewhere) and better driving in general. After all, studies show that simply attending to information can change behavior. Monitor the amount of power your home uses, for instance, and you will cut back on your energy uses subconsciously. So, if people spent more time just thinking about Southern California DUI laws, perhaps this could alter behavior in a positive way. And that’s partly what we are trying to do here with this blog.

To that end, let’s take another look at California Vehicle Code Sections 23152(a) and 23152(b). These laws spell out precisely what it means to drive DUI in Burbank and elsewhere in Southern California. They also stipulate the punishments that convicted offenders could get – these range from jail time to fines and court costs to strict probationary terms to mandatory installation of Interlock Ignition Devices (IIDs).

23152(b) stipulates a blood alcohol concentration (BAC) at or above 0.08% as the so-called “legal limit.” If you drive with a BAC of 0.08% or higher, that means that you are driving DUI.

Responding to charge of Los Angeles DUI

Continue reading "Sports Reporters and Celebrity Los Angeles DUI Bloggers Demand More Information about Yankees Executive’s Arrest" »

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" »