Los Angeles DUI Attorney Blog

October 6, 2010

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

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.

September 29, 2010

Another Coda to Lindsay Lohan’s Los Angeles DUI Story: More Jail Time for a Failed Drug Test

by Michael Kraut

This blog (and practically every other major and minor media outlet) has thoroughly covered Lindsay Lohan’s Los Angeles DUI arrest – and its numerous codas, side stories, and other moving parts. Last week, another bombshell dropped – pursuant to the 24-year-old actress’ failure to pass a court ordered drug test, Lohan will be heading back to jail.

Lohan — who left her latest rehab on August 24th — twittered to her fan base about her current plight and demonstrated some contrition: “I am taking responsibility for my actions and I am prepared to face the consequences.”

Last Friday, she went before Judge Elden Fox of Superior Court. According to a report from the gossip site TMZ.com, Lohan will likely have to go back to jail on October 22nd. Her jail sentence could stretch up to 30 days.

Lohan’s saga – including probation violations, repeated reprimands by the court, etc – is sadly not uncommon among people charged and convicted of driving under the influence in Long Beach (and elsewhere in the Southland).

The more Southern California DUI convictions you get, the more stringent your sentences and penalties will be. A first time offender, for instance, may be hit with a misdemeanor, a one-year driver’s license suspension, 48 hours in jail, a fine of up to a $1,000 (on top of court costs), mandatory alcohol school and more. But if you get convicted for a second or third time for a Long Beach DUI, your jail time, minimum alcohol school requirements, license suspension time, etc will all likely go up – and your probation terms will be far more restrictive.

If you get over three convictions within a 10-year span, you could face a felony charge.

Any Los Angeles DUI charge should be taken seriously – even if no one got hurt, and no property damage was reported. The strength of your legal representation can prove crucial.

September 27, 2010

Braylon Edwards Tagged for DWI – Los Angeles DUI Sports Bloggers Speculate about What’s Next

by Michael Kraut

It only takes a blood alcohol concentration (BAC) level of 0.08% to get a Southern California DUI – New York Jets wide receiver Braylon Edwards got pulled for a BAC of twice that – 0.16% – last Tuesday. And his DWI arrest may have implications not only for his career but also for the Jets’ season… and overall reputation in the NFL.

The scoop on Edwards’ arrest
Last Monday, Edwards attended an event to support a non-profit foundation in Manhattan. Following that reception, Edwards apparently went out and consumed alcohol. And at around 5:15 Tuesday morning, police pulled over his Land Rover on the west side of Manhattan because his SUV had “excessive tinting” on the windows – a vehicle violation. Police tested Edwards and found him to have that high BAC (0.16%). The following day, his attorney essentially acknowledged that the wide receiver had been driving DUI and that the police version of events was accurate.

Both Edwards’ legal and NFL situations may be further complicated by the fact that he had been on probation for assaulting a man outside a Cleveland club in 2009. The wide receiver (who at the time was playing for the Browns) pled no contest to aggravated disorderly conduct (a misdemeanor) and got a fine of $1,000 and probation. If he is convicted of his DUI, he could face serious punishments – including time in jail – for the probation violation. And, as far as his NFL career is concerned, he could be suspended for violating the League’s personal conduct policy. The Jets, meanwhile, may have to call up more talent or even re-sign a wide receiver to make up for Edwards’ potential absence.

Ironically, Edwards had been key to a Jets’ victory over the Patriots the previous Sunday – he caught a touchdown as well as a 2 point conversion in the 28-14 victory.

If – like Braylon Edwards – you drive with a BAC of 0.16%, you can be arrested and charged with DUI in Hollywood. Two key sections of the law stipulate what will happen to you: California Vehicle Code Sections 23152(a) and 23152(b). The second section – 23152(b) — stipulates that driving with a BAC of over 0.08% constitutes a Beverly Hills DUI (or a DUI, wherever).

Typically, your first Los Angeles DUI will be a misdemeanor. But if you collect multiple DUIs within 10 years (3 plus), prosecutors could elevate even a standard charge of driving under the influence in Hollywood up to a felony. A felony is much more serious. It comes with greater penalties, such as longer prison sentences and the permanent loss of certain key rights (e.g. the right to vote).

To analyze how to respond most effectively to a charge of driving under the influence in Los Angeles, you should probably talk to an experienced lawyer.

September 22, 2010

Los Angeles DUI Sports Bloggers Kibitz About Former Colt QBs Latest Arrest

by Michael Kraut

Southern California DUI bloggers who track celebrity and sports star arrests have most recently been captivated by a sad story out of Indianapolis. Blair Kiel, a former QB for the Indianapolis Colts, got caught for driving with a BAC of over 0.17% in Indiana. The 48-year-old ex-NFLer started getting in trouble with the law after he completed an illustrious career, which included starring as the QB for Notre Dame and playing for the Colts and other franchises. This last decade has been particularly rough for Kiel, who has faced charges including violating an order against harassing his ex-wife, violating the terms of a May 2005 probation, domestic battery, resisting police, and public intoxication. His latest charge came at the end of August, when a police officer stopped him on Greenfield Avenue in Noblesville, IN and hit him with multiple charges of driving under the influence.

Obviously, many drivers in the Southland get pulled over for similar recidivist acts of driving under the influence in Burbank (or wherever). But what happens when you get convicted for a second, third, or fourth time for DUI in Southern California? Do the penalties increase? And if so, how do they increase?

Obviously, each case is different. The court will examine things like whether you hurt anyone while driving under the influence in Burbank, how many priors you have, whether you caused property damage, and whether you enter a program of rehab and treatment. That said, the court generally ratchets up its punishments as the number of convictions increase. For instance, while a first conviction may yield a one year drivers license suspension and minimum jail time of 48 hours; a second conviction will net significantly more minimum jail time and a two year mandatory license suspension. Your terms of probation, number of weeks of mandatory alcohol school, court costs and other punishments can be adjusted upwards to increase your punishment for recidivist Burbank DUI behavior.

Given everything that’s at stake for you – including your freedom and financial future – it pays to consult with a top caliber Los Angeles DUI attorney.

September 20, 2010

Trial Opens in Heartbreaking Celebrity Los Angeles DUI Murder Case

by Michael Kraut

The death of Angels’ pitcher Nick Adenhart in a multi-fatality Southern California DUI crash two years ago shook the Southland and touched many people here. Last week, in Santa Ana, a court heard testimony from Raymond Rivera, the stepbrother of Andrew Gallo, the driver who caused the crash that killed Adenhart along with 25 year old Henry Pearson and 20 year old Courtney Stewart.

According to Rivera’s riveting testimony, he and Gallo had been drinking at various Southland bars. Since Gallo had a DUI conviction from 2006, Rivera promised to drive him around that night. Unfortunately – and ironically – the night had been going well for Gallo: he was celebrating a new job and cavorting with a new girlfriend. According to the testimony, Rivera encouraged Gallo to continue drinking even after his stepbrother insisted that he wanted to go grocery shopping and then go home.

Gallo allegedly had a BAC more than three times the Southern California DUI legal limit (0.08%). Since he signed a document in 2006 (after his earlier Southern California DUI conviction) stipulating that he knew that driving under the influence could lead to death, prosecutors may seek a DUI murder conviction.

If you kill someone while driving under the influence in Long Beach or elsewhere in the Southland, prosecutors can hit you with diverse charges, including DUI murder (the most serious) as well as vehicular manslaughter or manslaughter with gross negligence. The more serious the charge, the higher the burden of proof will be. In order to prove a DUI murder charge, for instance, prosecutors generally must show that defendant had a Los Angeles DUI prior, at minimum.

Whether you face a very serious charge, such as DUI manslaughter or hurting someone while driving DUI in Long Beach (pursuant to California Vehicle Code sections 23153(a) and 23153 (b)), likely, you need solid legal representation.

September 15, 2010

Actor Chris Klein Serves Jail Sentence for Los Angeles DUI

by Michael Kraut

When 31 year old actor Chris Klein got pulled over for driving under the influence in Los Angeles in June – his second DUI within five years – the tabloids quickly compared him to fellow troubled celeb, Lindsay Lohan. Like his 28 year old colleague, Klein got served a jail sentence for his Southern California DUI. But unlike Ms. Lohan, Klein served his sentence with little drama or complaint. On September 3, the actor showed up in a Van Nuys, California court to plead no contest to his charges, pursuant to his serving out a 96 hour jail sentence and two month rehabilitation. Klein’s punishment is not over. He must also spend 18 months in an alcohol education course, pay significant fines, be on probation for four years, and install an interlock ignition device (IID) in his car, pursuant to new Los Angeles DUI laws that went into effect just a few months ago.

Klein exhibited contrition for his DUI. He told Judge Gelfound: “I apologize for my wrongdoing and I really appreciate that the court gave me the opportunity to prove how seriously I took all of this.”

Klein’s arrest and sentencing is a classic example of how the courts ratchet up their punishments for people who get convicted of driving under the influence in Pasadena (or elsewhere in Southern California) multiple times. Let’s look at some other significant differences:

First time vs. second time Los Angeles DUI conviction:

• Jail time (48 hours mandatory/four to ten days mandatory)
• Alcohol school (six week minimum/18 month minimum)
• California drivers license suspension (one year suspended license/two year suspended license)
• Court costs and fines (maximum fine of $1,000 on top of court costs/fines and court costs significantly increase)

If you are convicted of driving under the influence in Pasadena a third or fourth time within ten years, your punishments will go up and up. A third time offender, for instance, will get a mandatory minimum of 120 days in jail. A fourth time offender will get a minimum of 180 days in jail – and that’s if the DUI is a misdemeanor. If it’s a felony, you can be sentenced to 3 plus years in jail.

To build a coherent defense to charges of Southern California DUI, you should consult with an experienced attorney.

September 13, 2010

Notorious BIG’s Widow, Faith Evans, Arrested for Los Angeles DUI

by Michael Kraut

Faith Evans – singer and widow of hip hop superstar Notorious BIG – got pulled over for driving under the influence in Los Angeles (specifically Marina Del Rey) on September 4. Evans, who is known for songs such as “I Will Be Missing You” and “Way You Move,” got snagged at a DUI checkpoint in Marina Del Rey. Her arrest came just weeks in advance of her first album release in five years – “Something About Faith” – and it’s unclear whether the bad publicity will help or hurt album sales when the release goes live on October 5.

According to celebrity website TMZ, police released Evans on Sunday morning but impounded her car. The 37 year old R&B singer was arrested back in 2004 along with Todd Russaw, her second husband, for cocaine and marijuana possession.

Whether you are pulled over for a Long Beach DUI or driving under the influence in Beverly Hills, police officers will look for certain key “symptoms” of DUI. These can include but they are not necessarily limited to:

• Bad driving
• Smell of alcohol on the person
• Inability to answer officer questions
• Poor coordination or balance
• Slurred or incoherent speech
• Inconsistent stories of where you’ve been
• Bloodshot, watery eyes
• Inappropriate emotion reactions to situation
Of course, these behavioral cues may or may not be useful in determining whether someone was or was not driving under the influence in Long Beach. For instance, a person might get naturally nervous and stuttery around authority figures, or a person may have a naturally ruddy complexion. Or someone might have been out partying (not necessarily drinking) until late at night and thus look exhausted. All this is to say that, if you or someone you care about has been pulled over for Los Angeles DUI, you likely need substantial legal assistance to understand and respond effectively to the charges against you.

September 8, 2010

Will Lindsay Lohan’s Los Angeles DUI Prison Sentence Drive Her Out of Hollywood?

by Michael Kraut

Next to Mel Gibson’s infamous 2006 Southern California DUI arrest (and subsequent anti-Semitic rant), Lindsay Lohan’s 2007 Los Angeles DUI was probably the most talked about celebrity arrest in the past decade. As this blog (and thousands of outlets around the world) reported, Lohan recently served a multi-day jail sentence pursuant to charges that she violated the terms of her DUI probation. Now, after serving jail time and enrolling in a mandatory drug rehabilitation program, Ms. Lohan may abandon her Hollywood career and move back to New York City.

In separate articles, Lindsay’s mother (Dina Lohan) and father (Michael Lohan) have publicly stated that they think/hope that the actress will leave LA and go back to New York so that she can recuperate and permanently stay out of trouble.

Here is a quote from a recent report in People Magazine: “Lindsay Lohan will be leaving Hollywood behind and moving back to New York, her mother says.” According to People, Dina Lohan believes that Superior Court Judge Marsha Ravel played “hardball” with her daughter. Michael Lohan on Access Hollywood affirmed this message. “(Lindsay) needs a clean house to get away from all the people. She can’t go to the same places she used to go to. She can’t do the same things and go out and party at night. She’s got to change her life completely… I would like to see Lindsay step out of Hollywood. I would like to see her get her life back, then decide what she wants to do.”

Of course, media speculation – even speculation voiced by Lohan’s parents – may not amount to much, if anything. But the point we are trying to make is that a Los Angeles DUI conviction can be profoundly life altering. So that’s why it’s important to make sure you put your best defense forward — whether you are charged with driving under the influence in Hollywood or causing an injury DUI in Pasadena.

One way to battle back is to challenge the results of a breathalyzer test. Breath tests are the most common form of roadside testing for Los Angeles DUI. In theory, they should work like a charm. You simply blow into a device, and the device measures the amount of alcohol in your breath. From that number, you calculate your BAC percentage. In practice, however, breathalyzers can be extremely problematic. Diabetics and people on low carbohydrate diets, for instance, may have chemicals on their breath that can cause the breathalyzer to yield a false positive. Men and women process alcohol differently and at different rates, and the breathalyzer cannot discriminate between men and women. Even the depth at which you blow your sample can have ramifications for your reading. If you blow “too deeply,” you can actually potentially cause a false positive: the deeper the breath you blow, the higher the BAC reading will likely be – independent of what your BAC actually is in reality.

All this is to say that, if you face DUI charges, you may be able to challenge your breathalyzer or blood test results.

September 6, 2010

Los Angeles DUI “False Positives” – What You Can Do to Protect against Them

by Michael Kraut

If you get arrested for driving under the influence in Southern California – whether you are a celebrity like Lindsay Lohan or Paris Hilton; or an “ordinary Joe” – you may find it difficult to get over the social stigma and get on with your life. Ideally, you want to avoid arrest and be a safe and conscientious citizen on Southland freeways and surface streets. Unfortunately, even people who do follow “best practices” for defensive driving — who stay away from things like speaking on their cell phones while on the road or driving under the influence — can get tagged for DUI in Long Beach (or elsewhere).

Here are potential triggers that can yield false positives for DUI:

1. Ketosis/ketoacidosis interfering with breathalyzer test results
If you are a diabetic who suffers from ketoacidosis (a consequence of hypoglycemia) or if you are on the induction phase of a low carbohydrate diet and your body is burning ketones (i.e. in a state of ketosis), you may have chemicals on your breath which can falsely elevate your BAC reading on a breathalyzer test. In other words, you may be legitimately under the legal limit but because of your diabetes or your diet, you can blow a BAC reading that looks positive for DUI in Los Angeles.

2. Smoking cigarettes or tobacco

When you smoke cigarettes or other tobacco products, you raise your level of acetaldehyde, another chemical that can falsely elevate your BAC readings and make it look like you are DUI in Pasadena (or wherever) when you are actually not.

3. Fatigue

When you are pulled over for under suspicion of driving under the influence in Southern California, and you are fatigued, you may present symptoms that look very similar to Los Angeles DUI symptoms. For instance, you may have bloodshot eyes, you may not be able to put together a coherent sentence, and you may slur your words. This obviously isn’t to say that you should drive while fatigued – you certainly shouldn’t, because that’s also very dangerous – but your extreme fatigue can certainly mimic DUI symptoms and lead to a “false positive.”

4. Personal “X” factors

Every person is different. Some people are naturally sweaty and ruddy, and they are not able to articulate themselves well. Other people just have bad coordination. So if you are someone who is uncoordinated, for instance, and you are asked to perform a field sobriety test, you might fail the FST simply because of your innate lack of coordination.

5. Nervousness and agitation because you are pulled over

If you’ve ever been pulled over, you probably felt agitated, anxious and maybe out of breath. We behave differently under extreme circumstances – and a suspect’s nervous behavior thus may look like DUI behavior, even if he or she is well below the legal limit.

So if you believe that your DUI was a “false positive” or if you are simply not sure how to proceed with your best defense, talk to an experienced attorney as quickly as you can.