Vehicle Code 23153(a) and 23153(b)

March 21, 2010

Packers Tight End Busted for Southern California DUI

Last Monday, Green Bay Packers tight end Spencer Havner was arrested for driving under the influence in Southern California, after he crashed his motorcycle in his hometown of Grass Valley, California. According to a report issued by the California Highway Patrol, the hometown hero had been zipping around on a cul-de-sac on his motorcycle (without wearing a helmet) when he flew off a shoulder and got into an injury accident.

A spokesperson for the police said Havner was taken to Sierra Nevada Memorial Hospital for examination. Havner suffered cuts, lacerations, and a fracture to his shoulder blade. At the hospital, he was tested and found to have a BAC level above the California limit of 0.08%. He was arrested and moved to Sutter Roseville Memorial Center.

The 27-year-old tight end had been a standout for the Packers this past season — in one of the Packers’ final playoff games, he caught a touchdown pass that tied the game.

Havner is fortunate, in that his DUI accident did not lead to any injuries to other people. According to California Vehicle Code Sections 23153(a) and 23153(b), if you hit someone while driving under the influence in Long Beach (or elsewhere in Southern California), your simple misdemeanor charge could be elevated to a felony count. This is a much more serious charge. It could result in longer jail time, harsher probation, steeper fines, and the loss of the right to vote.

Of course, the law is nuanced. If you hit someone while DUI in Long Beach (or elsewhere), but you can show that you had not been doing anything illegal, driving-wise, you may NOT be charged with a felony and may be able to get off with a simple misdemeanor. For instance, let’s say a pedestrian darted in front of your motorcycle, and you hit him. Although you may have technically been driving under the influence in Southern California when you hit him, since the pedestrian was at fault for the accident, you likely would NOT be charged under California Vehicle Code Section 23153(a) or 23153(b).

Any charge of Long Beach DUI is a serious one.

If you or a family member has been arrested for Southern California DUI, it may behoove you to connect with an experienced defense attorney to learn more about your rights and obligations under the law.

March 10, 2010

Warrant Slapped on Warrant Singer for Skipping Out on Los Angeles DUI Hearings

by Michael Kraut

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. Jani%20Lane%20DUI%202.jpg

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.

March 1, 2010

Southern California DUI Blogosphere Lights Up As Son of Recently Deceased “Deadliest Catch” Captain Gets Arrested For DUI in Seattle

by Michael Kraut

Online blogs and websites that cover celebrity Los Angeles DUI news have been fiercely debating the arrest of Jake Harris, the 24-year-old son of the late Captain Phil Harris, a fish boat captain who appeared on multiple seasons of Discovery Channel’s “Deadliest Catch.”

According to Washington State Troopers, Harris had been driving on a suspended license and had gotten involved in a hit and run accident prior to his arrest. After a motorist reported an out-of-control driver on interstate 5, the police ID’d Harris’ vehicle and, using aerial assistance, pulled him over. Harris was arrested at the scene and charged with hit and run as well as a DUI.

Fortunately, no one was reportedly injured in the earlier hit and run accident, and Harris himself seems to have escaped uninjured as well, although he remains behind bars as of the publishing of this blog post. Harris’ situation does raise some interesting issues, however.

For instance, what would happen if someone drove DUI in Pasadena on the 5 Freeway and got involved in a hit and run accident that actually hurt someone else?

If you commit a hit and run DUI in Pasadena, you might be charged by prosecutors for violating California Vehicle Code Sections 23153(a) and/or 23153(b). These state laws stipulate that anyone who injures another person in a DUI crash can have his charge raised from a simple misdemeanor to a felony, which is a much more serious charge. If your BAC level is above 0.08%, and you hurt another person in a DUI crash (hit and run or not), your punishments can include forced restitution to the injured victim and/or victim’s family, a lengthy prison sentence, severe fines and court costs, hiked up insurance rates, strict probation terms, mandatory installation of an interlock ignition device, and so forth.

Obviously, defendants would like to avoid (or at the very least plead down) these charges. But without a sophisticated and experienced attorney who understands how prosecutors charge people for driving under the influence in Pasadena, you could run into serious trouble — even if exonerating facts are on your side.

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February 15, 2010

Hit and Run Southern California DUI Accident Embroils Manhattan Beach Police Department in Scandal

by Michael Kraut

A Southern California DUI crash has rocked the Manhattan Beach Police Department.

Here is the story, as reported in The Daily Breeze:

#1) On January 31, a car collided with two other vehicles at the intersection of Sepulveda Blvd. and Manhattan Beach Blvd.

#2) The driver fled the scene and abandoned his vehicle at a nearby Arco Gas Station parking lot.

#3) Police called in to investigate discovered that the driver was one of their own — a fellow Manhattan Beach officer.

#4) Instead of arresting their cohort for Southern California DUI and hit and run, the officers did not issue any report or make any arrests.

#5) News of this dereliction of duty reached the Manhattan Beach Chief of Police, Rod Uyeda, the next day.

#6) Uyeda quickly alerted the LA County Sheriff’s Department to conduct an internal investigation, and he issued a public statement to the community to reassure them that the actions of the few independently-minded police officers should not be construed as indicating that the Manhattan Beach Police Department would condone or tolerate bad behavior.

Fortunately, the two other drivers hit on January 31st suffered only minor injuries (and some property damage to their vehicles). The Southern California DUI hit and run cover up comes on the heels of a similar incident last September that took place in Torrence at the corner of Robert Road and Pacific Coast Highway. (A Torrence police sergeant drove under the influence of alcohol, hit another vehicle, and sped away from the scene.)

California Vehicle Code Sections 23153(a) and 23153(b) stipulate that it is a violation of California law to injure another person while driving under the influence of narcotics or alcohol. If you hurt another person while driving with a BAC of 0.08% or higher, you can be slapped with a felony charge and face life changing penalties, including jail time, high court costs and fines, drivers license suspension, forced restitution to victims of the injury, and more.

If you’ve been hit with a charge of driving under the influence in Los Angeles, you’re likely feeling anxious, nervous, and confused. Take proactive steps to gather yourself and begin to craft an appropriate defense to the charges against you.

February 8, 2010

Southern California DUI Statistics for Super Bowl Sunday 2010

by Michael Kraut

Super Bowl Sunday is a dangerous day for Southern California DUI incidents. Statistically, only New Year’s Eve sees more Los Angeles DUIs. We’re going to take a look at Southland DUI statistics for Super Bowl Sunday.

• According to the Orange County Register, in 2009, 11 people died in DUI related accidents – more than 3 times the average for Southern California DUI deaths. Also last year, 160 DUI crashes were reported in CA – twice the daily average.

• The DUI spike is a known and serious problem. The Automobile Club of Southern California recently analyzed crash data and found that DUI crashes on Super Bowl Sunday leap 27% (220 people hurt/killed in DUI crashes vs. 174 people hurt/killed in DUI crashes on an average day in CA.)

• In Los Angeles proper, the spike is even spikier. We see a whopping 33% increase in Los Angeles DUI crashes/deaths on average for Super Bowl Sunday (72 people hurt/killed vs. 54 hurt/killed on a normal day).

Fortunately, the majority of Burbank DUI arrests and auto accidents end without injury to any party. Here in California, injury DUIs are covered by California Vehicle Code Section 23153(a) and 23153(b). Let’s dive into these two laws to get a better understanding of what they prohibit and how the mete out punishments.

According to 23153(a), a driver who would ordinarily be charged with a misdemeanor Beverly Hills DUI can be hit with a felony charge if she injures another person in an accident that can be clearly linked to her alcohol/drug use.

Section 23153(b) says that someone who drives with a BAC of 0.08% or more and who then violates California traffic laws and directly or indirectly hurts another person can be sent to prison. This section also lays out other punishments that can be imposed, such as court fines, jacked up insurance rates, and forced restitution to the victim or the family of the victim.

That being said, just because you’re arrested for driving under the influence in West Hollywood (or elsewhere in Southern California, such as Long Beach or Burbank), and someone got hurt in the accident doesn’t mean that you will be slapped with a felony charge. For the prosecution to succeed with a case against someone for violating 23153(a) or 23153(b), they must show that the driver violated traffic laws, behaved negligently, and caused the accident.

For instance, if you drove DUI (BAC of 0.08% or above), but the other driver caused the accident: you can still get a misdemeanor DUI, but you won’t likely get a felony DUI. Likewise, if you drive DUI and caused an accident, but you did not violate any traffic laws or act in a negligent way then you will be susceptible to a misdemeanor charge but likely not to a felony.

To sort everything out, it helps to work hand in hand with an attorney who has lots of experience.

January 12, 2010

Former TV Host and Radio DJ Busted for Driving Under the Influence in Southern California

by Michael Kraut

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.

December 2, 2009

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

by Michael Kraut

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.” Pamela%20Bach%20DUI.JPG

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.

October 29, 2009

Mel Gibson Finally Puts His Southern California DUI Behind Him

by Michael Kraut

On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson’s arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that “the Jews are responsible for all the wars in the world.” Mel%20Gibson%20DUI.jpg

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you’re overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to “only having had a few drinks,” for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you’re on probation for driving under the influence of Los Angeles, or if you’ve just been arrested, you must take a test. (And if you’ve been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample — even in spite of the suspect’s unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).

October 27, 2009

Terminator Star Taken to Task for Southern California DUI; Bicyclist Injured

by Michael Kraut

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.

October 21, 2009

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

by Michael Kraut

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 Criminal & DUI Lawyers. 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.