Los Angeles DUI Attorney Blog

November 3, 2010

Los Angeles DUI Analysts Ponder Oklahoma State Wide Receiver’s Big Texas Bust

Many major Southern California DUI stories pertain to celebrity arrests, politician mishaps and “news of the weird” items like lawnmower DUI. But the DUI blogging community has been tracking a surprisingly high number of athlete DUIs lately – particularly in the Midwest. The latest celeb-athlete DUI arrest occurred in Texas last Monday, when Justin Blackmon, an Oklahoma State wide receiver — who, incidentally, boasts an astounding 1,112 receiving yards and 14 touchdowns this year — got pulled over and arrested, after an officer caught him zipping along Interstate 35 at 92 miles per hours in a 60 mile per hour zone.

If you have been caught and booked on charges of DUI in Pasadena, DUI in Glendale, DUI in Burbank, or DUI in Los Angeles, you might be able to relate to what happened to Mr. Blackmon. Apparently, the 20 year-old had been cruising on the highway after attending a Dallas Cowboys’ game. A spokesperson for the Carrollton Police Department reported that Blackmon failed a field sobriety test after he got pulled over for speeding.

In Texas, even trace amounts of alcohol in the system can lead to serious penalties for minors under the age of 21. While slightly different rules apply to California drivers, field sobriety tests across the nation have remarkably similar features. If you have been pulled over for driving under the influence in Los Angeles, you may have had to take field sobriety tests — exams which theoretically help officers determine your mental and physical state.

A typical first test is the horizontal gaze nystagmus test, during which an officer measures pupil reaction time to a stimulus (such as a flashlight). A slow reaction might indicate Los Angeles DUI. Subsequent tests will examine your balance. These could include the “walk the line test,” “one leg stand test,” “Rhomberg test” (tilting your head backwards and counting to 30), and the “finger to the nose test.” An officer may deploy some or all of these tests, and he or she may also test your mental facilities by asking you to do things like recite the alphabet backwards. Officers will also search for so-called “symptoms” of Southern California DUI, such as odor of alcohol on your breath, lack of physical or mental coordination, bloodshot eyes, inappropriate behavior, and admission to having consumed alcohol recently.

So what can you do if you or a loved one has recently been tagged with a charge of Los Angeles DUI? Whether you are a big sports star like Justin Blackmon or a “non celebrity,” the punishments for a conviction – even for a misdemeanor conviction – could be quite painful and severe. A qualified and experienced Los Angeles DUI lawyer can help you develop your case.

November 1, 2010

Los Angeles DUI Fatality – Pedestrian Killed in a Gruesome School Bus Crash

by Michael Kraut

Last Monday, a fatal Los Angeles DUI incident shocked and outraged the community. A black BMW swerved out of control into a pedestrian, killing him, and then crashed into a school bus, injuring dozens of kids. If you have been recently arrested for a non-injury DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI in Los Angeles; this horrific story can serve as a crucial cautionary tale.

According to UPI reports, several witnesses saw a BMW fly through a red light, slam into a pedestrian, and then crash into a bus carrying students from Los Angeles’s Roosevelt High School, flipping it over onto a Metro Link platform. After the crash, the BMW’s driver and a passenger got out of the vehicle and tried to escape on foot. But a pair of construction workers saw them, ran after them, and detained them until police showed up and took them into custody. Of the 54 students on the bus, 16 got treated for non-critical injuries.

If the allegations turn out to be correct – that the BMW’s driver did hit and kill someone while DUI and then fled the scene of the crime – then the driver could get into profound amounts of trouble. The state takes the crime of driving under the influence extremely seriously. Even if you don’t hurt anyone or cause any property damage, if you get behind the wheel of a motor vehicle with a blood alcohol concentration of 0.08% or higher, or if you otherwise drive under the influence of alcohol, drugs, or even prescription medications, you can be arrested and charged pursuant to California Vehicle Code Sections 23152 (a) and/or 23152 (b). Your punishments can range widely and can include jail time, license suspension, extremely strict probation terms, steep fines and court costs, and mandatory interlock ignition device installation.

If you hurt someone while driving under the influence in Pasadena or elsewhere in the Southland, your charges can be ratcheted up significantly. Then you might be subject to California Vehicle Code Sections 23153 (a) or 23153 (b), which elevate what might be a misdemeanor charge to a felony — a significantly more substantial charge.

And if you drive while DUI and cause someone’s death, you can be hit with a variety of charges, depending on the circumstances of your accident, including:

• Vehicular homicide
• Vehicular homicide with gross negligence
• DUI murder (aka “Watson murder”)

If you face any DUI count, a conviction can impact your financial future and even your freedom. To protect yourself, consider retaining an experienced Southern California DUI attorney.

October 27, 2010

A Deadly Brew: Southern California DUI Experts Weigh in on Case of Woman Who Drove DUI While Texting on her Cell Phone

by Michael Kraut

Most Los Angeles DUI arrests involve one (or maybe two) violations of proper driving protocol. In other words, they are not overly extreme. But a breaking case out of Richmond, Vermont has made national headlines due to just the sheer outrageousness of the allegations. Apparently, a 49-year-old woman named Matilda Stacey crashed her car on I-89 while consuming alcohol and simultaneously text messaging on her cell phone.

If you have been recently charged with DUI in Glendale, DUI in Burbank, DUI in Los Angeles, or DUI in Pasadena, you have likely already reflected a little bit on your arrest and realized just how dangerous it can be to get behind the wheel while distracted or intoxicated.

According to police reports, Stacey had been driving on I-89 last Tuesday afternoon, when she drove her car off the road into guardrails and then into some trees. Her blood alcohol concentration (BAC) level tested at more than two times the legal limit of 0.08% (the same limit for Southern California DUI), and now she faces twin charges of driving DUI and text messaging while driving. As of this post, her crash remains under investigation.

Although in the case of Ms. Stacey, police had ample reason to suspect that she was driving while under the influence and inattentive (after all, she did crash into a tree), in other cases, the “symptoms of Southern California DUI” may be less than clear. Here is a list of possible symptoms that officers look for:

• Stumbling and loss of balance
• Inability to form words and mumbling
• Inability to answer officer questions coherently
• Odor of alcohol on the person or in the vehicle
• Admission to using alcohol or drugs
• Disheveled or unkempt appearance
• Incoherent stories about where the person has been
• Bloodshot eyes or watery eyes
The more of these symptoms that you exhibit, the more likely police will be to suspect you are DUI. You may also have to go through field sobriety tests (FST), such as balancing tests and tests of your mental coordination. As well, police may ask you to take a breathalyzer or blood test to determine your blood alcohol concentration level.

Remember, failing any one of these tests does not necessarily mean that you are DUI. And even if you tested positive for Los Angeles DUI in a blood test, a deeper analysis may reveal that the blood test got contaminated or misinterpreted or that something else was going on. To compile your best case, turn to the resources of an experienced Los Angeles DUI lawyer.

October 25, 2010

Chief Financial Officer of Walgreens Slapped with DUI charge – Los Angeles DUI Analysts Look at Implications

by Michael Kraut

Most headlines about Southern California DUI concern politicians, actors, celebrities, or “ordinary” people doing outlandish things (such as riding lawnmowers while DUI – a peculiar habit that this blog has documented multiple times).

A breaking story publicized by the Chicago Tribune shows that actors, celebrities, and oddballs don’t have a monopoly on the “DUI trade.” Wade Miquelon, the Chief Financial Officer for the Walgreens, got arrested on September 25 for DUI.

If you have been recently hit with a charge of DUI in Burbank, DUI in Pasadena, DUI in Glendale, or DUI in Los Angeles, it may behoove you to learn more about what happened to Miquelon and to explore how Southern California DUI law may impact your potential penalties and defense options.

The charges constituted the 45-year-old’s second DUI within a year. Police charged Miquelon with three different offences:

1. Driving under the influence of alcohol.
2. Driving on a suspended license.
3. Driving with a taillight out.

Of the three charges, obviously the most serious is the DUI – serious not only for Miquelon’s personal life (he could have his license suspended and could have to serve time in jail) but also for his professional life and for the wellbeing of his company. When top executives at major companies commit criminal offences, the market takes notice, and volatility can follow.

Looking more specifically at Miquelon’s case — and its implications for Los Angeles DUI defense — what lessons can we draw here? Considering that Miquelon got arrested twice within essentially a single calendar year, perhaps we should review the penalties associated with multiple convictions of DUI in Southern California.

As you might expect, the more times you get convicted for a DUI, the greater your penalties will be. But what are the specifics?

1. First conviction.

The court might impose penalties like: 48 hours mandatory jail time, $1,000 fine along with court costs, formal probation, six weeks in DUI alcohol school, one year California license suspension, mandatory installation of a device in your car that will prevent you from starting it if you have any alcohol on your breath, and other punishments that the court chooses to impose.

2. Second conviction.

A 2nd conviction for a Southern California DUI misdemeanor charge (within 10 years) will lead to increased mandatory jail time (up to 10 days), increased time in DUI alcohol school, a license suspension twice as long (two years), and a spike in your court costs and fines.

3. Third conviction.

If you are arrested 3+ times within 10 years, you become a Los Angeles DUI recidivist (serial offender). A typical misdemeanor charge can be elevated to a felony count. This is a much more serious charge that could result in a longer jail sentence as well as the permanent loss of certain rights. In addition to seeing increases in your alcohol school time, license suspension duration, and court costs and fines, you will also see a major increase in your jail time – from a 10-day minimum for a second DUI to a 120-day minimum for third time DUI.

If you face a charge of Los Angeles DUI, you may need a reputable and careful attorney to develop a case for you.

October 20, 2010

Southern California DUI Pundits Weigh-in on University of Idaho Receiver’s Arrest

by Michael Kraut

Last week, Maurice Shaw got pulled over for DUI in Moscow, Idaho, prompting Los Angeles DUI pundits to debate what appears to be an epidemic of sports-related DUI incidences in 2010. Whether you have been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena, you might find Shaw’s tale educational – and helpful as you prepare to meet your charges with an accurate defense.

Not the first DUI for the Idaho football squad in 2010
Last Saturday, Maurice Shaw — a key receiver for the University of Idaho (200 yards and 14 catches to date this year) — got pulled over by the Washington State University police under suspicion of driving under the influence. The officers put him through a field sobriety test (FST) on Stadium Way. Allegedly, he failed.

Shaw is not the only Idaho player who has gotten in trouble for DUI in 2010. Back in August, Taylor Elmo, a tight end, also got arrested for driving under the influence.

Now, obviously, these are college sports stars – and maybe you’ve never heard their names. But their arrests highlight a serious problem in athletic communities — not just at our nation’s colleges but also in professional sports clubs.

This Southern California DUI blog has covered numerous arrests over the past months of famous sports figures – including owners and managers. Without excellent data, it’s impossible to tell whether these arrests and charges do constitute some kind of trend – and if so, what might be driving the trend and what might control it. But anyone who wants to solve the problem of Los Angeles DUI might want to take a closer look at these stories — and the statistics behind them.

In more practical terms, since Shaw failed his field sobriety tests, you might be wondering: what exactly are field sobriety tests, and how accurate are they? Here are some examples of FSTs:

Horizontal Gaze Nystagmus Test

This eye exam is typically the first test given when a Los Angeles DUI stop is made. The officer will ask you to follow an object (such as a light), and he will measure your pupil reaction time.

Walk the Line Test

This measure examines your balance. You will be asked to step a number of paces in a straight line. If you step off the line, this could indicate that you are DUI in Southern California.

One Leg Stand Test

Another balance test. You will be asked to stand on one leg and hold the position for half a minute. Again, if you lose your balance, this could indicate a problem.

Rhomberg Test

This test involves the driver tipping his (or her) head back and counting to 30. If the driver stumbles or falls, this could indicate DUI.

Finger to the Nose Test

The driver extends his (or her) arms out to the side and then attempts to touch his (or her) nose while closing his/her eyes.

On top of these balance and coordination tests, you might also be asked to demonstrate your mental facilities by doing things like reciting the alphabet backwards.

If you fail field sobriety tests, that doesn’t necessarily mean that you are actually DUI. Indeed, many factors can skew the results of the tests, including your own nervousness, fatigue, illness or lack of natural coordination and balance.

October 18, 2010

Celebrity Los Angeles DUI Bloggers Weigh-in on Vince Neil’s Not Guilty Plea

by Michael Kraut

Motley Crue frontman, Vince Neil, got arrested in Las Vegas in June for driving under the influence. His blood alcohol concentration tested at over 0.21% – nearly 3 times the legal limit for Southern California DUI. Ever since, celebrity gossip sites have been wondering how Neil would plead to the charges. Well… the results are in.

Last Tuesday, Neil pled “not guilty” to his misdemeanor DUI charge – along with speeding charges pursuant to his June 28th arrest. If you’ve been recently pulled over for Glendale DUI, Pasadena DUI, Los Angeles DUI, or Burbank DUI, perhaps you might relate to what Neil went through when the police stopped him as he was driving 60 miles per hour in a 45 mile per hour zone. The officers noticed that Neil had an odor of alcohol on his breath, and he failed several field sobriety tests – including the Horizontal Nystagmus Gaze, Walk the Line, and One-Leg Stand tests. The officers removed Neil from his Lamborghini and took him to Clark County jail. Neil secured his release with $2,000 bail. According to news sources, his trial is set for January 6th in Las Vegas.

26 years ago, Neil got convicted of DUI and vehicular manslaughter after he got into a crash that killed a passenger in his car, the drummer for the Finnish band Hanoi Rocks.

So despite being convicted of vehicular manslaughter, Neil only served 15 days in jail out of a 30-day sentence.

As Neil’s case indicates, if you hurt or kill someone while DUI in Los Angeles, your penalties can range widely, depending on many factors. If you were “grossly negligent,” for instance, you may face charges pursuant to Penal Code Section 191.5(A). A conviction could lead to a raft of very serious charges, including a long time in jail. To prove that you were grossly negligent, prosecutors must show that you drove with more than average inattention or carelessness or bad judgment – in other words, you drove in such a reckless fashion that a reasonable person would realize that you were creating a serious risk of hurting someone or killing someone.

There is actually an even more serious charge – DUI murder. This charge carries even stiffer penalties.

Whether you’ve been pulled over for a relatively minor misdemeanor charge or a more serious count, a Los Angeles DUI attorney can provide crucial guidance and strategic support as you work to save your license and reduce your penalties.

October 13, 2010

A Southern California DUI Lawnmower Arrest? Not Quite – This One Happened in Northern CA!

by Michael Kraut

Although this blog spends the majority of its time focused on Southern California DUI arrests, laws, and other relevant news, we also try to bring you related, eclectic news, like stories about about lawnmower DUIs. The crime may sound a bit absurd – and perhaps even comical – but it’s no laughing matter. Anyone who operates a motorized vehicle, bicycle, moped, or scooter on Southern California freeways and surface streets can get arrested for a Burbank DUI (or DUI wherever you are pulled over).

In this case, a man named John Poshepny got pulled over on October 2 outside Kenwood Market on Sonoma Highway. The California Highway Patrol officer who pulled the 55-year-old over noted in his arrest report that Poshepny smelled like alcohol, had a bottle in a brown bag, and staggered around and had slurred speech. Also, he had been driving lawnmower without its lights on… at 7:50 p.m. Officer Sloat arrested Poshepny and took him to Sonoma County Jail on the charge of misdemeanor DUI.

Beyond the pure novelty of lawnmower DUI arrests, this blog is interested in what motivates officers to take notice of erratic drivers and pull them over for driving under the influence in Glendale (or wherever).

Los Angeles DUI symptoms can include the following (although this is by no means a comprehensive list):

• Staggering around and slurring your speech (like Poshepny did)
• Operating your vehicle erratically or incorrectly (such as driving without your lights on, like Poshepny did)
• Smelling like alcohol (like Poshepny allegedly did)
• Disheveled appearance
• Mixing up your story about where you have been and what you have been doing
• Bloodshot eyes
• Being unable to respond to police officer questions
• Admitting to having consumed alcohol
• Failing field sobriety tests (FSTs)

Assuming that you demonstrate all of the above symptoms, you stand a fair chance of getting arrested for Southern California DUI. But cases are rarely that simple. Indeed, healthy, sober, and completely careful people can exhibit many of these symptoms. For instance, if you get fatigued or suffer an allergic reaction, you may develop bloodshot eyes and may have a difficult time answering questions coherently. If you are sick with something like diabetes, you may blow a “false positive” into a Los Angeles DUI breathalyzer test. If you are nervous, awkward, or simply uncoordinated, you may fail some of the balance tests. If you are simply intimidated by being pulled over, you may mix up your story about where you have been simply out of nervousness or fear. And if you are just a sloppy looking person… well, you might have a disheveled appearance.

The point here is that, whether you got arrested for a lawnmower DUI in Burbank or pulled over for an injury DUI elsewhere in the Southland, you need solid representation to help you design and execute your smartest defense.

October 11, 2010

Celebrity Los Angeles DUI Offenders Beware: Don’t Let What Happened to Damon Evans Happen to You

by Michael Kraut

This blog has covered a spate of Los Angeles DUI and celebrity DUI arrests recently – including arrests of notable sport stars like the Jets’ Braylon Edward. In some celebrity drug/alcohol cases (e.g. Paris Hilton’s recent bust in Vegas for cocaine possession), the defendant escapes without serious consequences. In other cases – e.g. actor Chris Klein’s Los Angeles DUI conviction – the offender serves jail time and can witness a career implosion as a result of the DUI.

Let’s look at an example of the latter – the case of University of Georgia’s Athletic Director Damon Evans, who was arrested on June 30 for DUI in Atlanta, after an officer pulled him over in the town of Buckhead. The officer found that the (married) Evans had been traveling with a 28-year-old woman — Courtney Fuhrmann. According to the officer’s report: “I also noticed that the subject had a red pair of ladies panties between his legs.” Allegedly, Furhmann told the officer “just to let you know, it (the DUI) will be erased because he is the athletic director of UGA and he has that power.”

Ironically, Evans was only minutes away from starting his new contract with UGA. It would have given him $0.5 million a year. He resigned after the arrest, and he is now working in Boston. The point here is that — whether you are a celebrity or not, whether you get pulled over for driving under the influence in Long Beach or Calabasas — the consequences for your family life, your career, and even your freedom can be radical and devastating.

Your problems can multiply if you hurt someone or leave the scene of the accident illegally. A simple misdemeanor can be elevated to a felony, according to California Vehicle Code Sections 23153(a) and 23153(b). Your punishments can include everything from jail time and mandatory restitution to the person or people you hurt to secondary “down the line” consequences of the Long Beach DUI, such as loss of a license or a job, loss of the right to vote, and other long-term professional and personal difficulties stemming from your felony conviction.

A Southern California DUI defense lawyer can help you put up stiff resistance to the charges. Your choice of attorney does matter.

October 6, 2010

Los Angeles DUI Murder Conviction for 23-Year-Old who Killed Angels Pitcher

by Michael Kraut

Last week, a jury convicted 23-year-old Andrew Gallo of Southern California DUI murder in a widely publicized case regarding the DUI deaths of Nick Adenhart (a pitcher for the Los Angeles Angels) as well as a Cal State cheerleader named Courtney Stewart and another passenger, Henry Pearson. This blog has reported multiple times on Gallo’s case and his legal travails. Since Gallo had been convicted previously of driving under the influence in Southern California, prosecutors sought a murder charge – as opposed to a standard vehicular manslaughter charge – because based on his experience with the court system and his alcohol education, Gallo should have realized that the accelerator pedal can be a lethal weapon.

The jury listened to heart-rending testimony, such as the testimony of Raymond Ravera, Gallo’s step-brother — the designated driver for the evening who got drunk himself and who encouraged Gallo to drink more alcohol even after he (Gallo) wanted to stop and go home.

When someone kills someone else while driving DUI in Long Beach, Burbank, or elsewhere in the Southland, prosecutors can choose from several different charges. Vehicular manslaughter is one of the most common. Gross vehicular manslaughter is a more serious charge – pursuant to Penal Code Section 191.5(a), prosecutors must show that the person who drove under the influence in Long Beach and killed someone:

• Had a BAC of 0.08% or more;
• Committed an act — such as a driving infraction or a misdemeanor, like running through a red light — that could kill someone;
• The defendant did this act with “gross negligence” – a kind of carelessness that goes beyond normal inattention and bad judgment: a reasonable person would know that the behavior could cause serious injury;
• The gross negligence must have led to a person’s death.

Southern California DUI murder is a charge even more serious than gross vehicular manslaughter while intoxicated. A prosecutor generally must show that the defendant already had a DUI conviction – and thus clearly and explicitly understood the dangers of driving under the influence.

If you or someone you care about has been recently arrested for driving under the influence in Long Beach (or elsewhere in the Southland), your legal representation can make a huge difference in terms of what punishments you get (if any), and how long your legal battle will last.

An experienced attorney – particularly someone who has credentials as both a prosecutor and a Los Angeles DUI defense attorney – can help you develop an aggressive and legally sound defense.

October 4, 2010

More Drama in Lindsay Lohan Los Angeles DUI Saga: Actress Enters Rehab for Fifth Time

by Michael Kraut

24-year-old actress Lindsay Lohan is still suffering a legal hangover from her 2007 Los Angeles DUI conviction. Last Tuesday, the “Freaky Friday” actress entered a live-in drug rehab program — the fifth time she has been admitted to a rehab facility.

As this blog reported last week, Lohan will have to return to court on October 22 to face charges that she failed a court mandated drug test ordered after her recent probation lapse. She was released from jail the Friday before last on $300,000 bail. The actress must wear an alcohol monitoring bracelet and avoid consuming alcohol or other controlled narcotics.

Earlier in the week, superior court judge Elden Fox ordered the actress to jail without possibility of bail. But her attorneys appealed, and a different superior court judge, Patricia Schnegg, agreed to the bail option, since misdemeanor defendants are typically entitled to the bail option.

The ongoing public discussion about Lohan’s Los Angeles DUI may have long-term, interesting ramifications for the policy debate over how best to punish and prevent multiple instances of driving under the influence in Southern California.

The media attention forces people to discuss what might happen if, for instance, someone gets arrested and convicted multiple times for driving under the influence in Burbank.

A first time offender will usually get a misdemeanor charge (unless he or she hurts another person or commits a “hit and run” or does something else that complicates the case). Penalties might include two days in jail, a one year CA license suspension, six weeks of alcohol school, mandatory installation of an IID (interlock ignition device), and court costs and fines.

If you are convicted multiple times of driving under the influence in Burbank, your penalties ratchet up. A second time misdemeanor offender (within 10 years) will get more jail time, longer time in alcohol school, a longer driver’s license suspension, steeper fines and court costs, and stricter probation terms. If you are convicted of three plus DUIs within 10 years, the prosecution may try to ratchet up your charge from a misdemeanor to a felony. Convicted felons face must steeper penalties yet, including permanent loss of things like the right to vote.

So how can you best respond to charge of a Southern California DUI? Believe it or not, your choice of legal representation can have profound ramifications for your sentencing and your ability to keep/win back privileges.