Los Angeles DUI Attorney Blog

August 31, 2010

Mandatory IID Installment for 1st Time Los Angeles DUI Drivers: Will the Experiment Work?

It’s been nearly two months since the implementation of the AB 91 pilot program, which mandates that first time Los Angeles DUI offenders install interlock ignition devices (IIDs) in their vehicles. So let’s assess whether this program has been helpful, harmful, or neutral.

A bit of background on AB 91 first.

Mike Feuer, a Los Angeles assemblyman, introduced the law, which requires that drivers convicted of DUI in Los Angeles, Tulare, Sacramento, and Alameda counties must put an interlock ignition device into their autos even after only one conviction. The compulsory device is wired into your ignition. So in order to start your car, you need to blow an essentially alcohol-free breath to show that you will not be DUI. (Your BAC reading must be 0.03% — substantially lower than the legal limit for Southern California DUI of 0.08%). Once you do blow a successful sample, you must continue to blow samples as you drive, or your horns will start going off and your lights will flash to attract the attention of police.

Although AB 91 passed unanimously, many in the Southern California DUI community have voiced objections. One potential problem with AB 91 is that, according to DMV data, first time offenders do not respond as well to IIDs as do recidivist offenders. In other words, the statistics seem to show that if you put an IID in the car of a first time offender, it’s really not going to do much in terms of preventing that person from breaking the law again. That said, if you put an IID in the car of a recidivist (someone who has more than one conviction), then, the statistics suggest you’ll get results.

Since we are only less than two months into the AB 91 experiment, it’s difficult to say how effective the program will be. But five years down the road, we will likely have substantial data to help shape Los Angeles DUI policy.

If you have been charged according to California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI, you need some fast and accurate legal guidance.

August 29, 2010

Celebrity Los Angeles DUI Bloggers Muse Fate of George Michael, as Wham! Singer Slams into London Storefront

by Michael Kraut

Celebrity blogs and other media that cover Southern California DUI events have been bubbling over about the latest charges against former Wham! singer George Michael. The 47-year-old 80’s pop icon got arrested in London on July 4 after he crashed his Range Rover into a photo shop in London. The pop star tested negative for DUI but positive for driving under the influence of marijuana (in England the charge is called “unfit to drive through drugs”), and he now faces serious penalties, including potentially a long stint in jail.

George Michael has been investigated by police seven times over the past six years for driving related incidents. Three times, he has been found by police unconscious behind the wheel. The first was in February of 2006, when he received a citation for smoking marijuana. Months later, he crashed his vehicle after he fell asleep. A few months after that, he also fell asleep behind the wheel, allegedly due to drug use.

George Michael has publicly admitted to smoking 25 joints a day (although, allegedly, according to UK tabloid reports, he is down to “seven or eight” a day now). The Wham! star had been attending a London gay pride event before he smashed his truck into a store named Snappy Snaps.

The sad and disturbing travails of the 80’s pop star (whose real name is George Panayiotou) highlight how difficult it is for certain people to “get out of” destructive behavior cycles. Unfortunately for these recidivists, Beverly Hills DUI law does not take kindly to repeat offenders. Indeed, if, within 10 years time, you get convicted of two charges of Los Angeles DUI, you can face a two-year driver’s license suspension, mandatory 96 hours in jail, a year-and-a-half’s worth of alcohol school. The court may also impose additional penalties and restrictions – such as difficult probation terms.

Third time offenders can get increased penalties above and beyond that – including, most notably, 120-day minimum jail sentence.

Fourth time offenders get a minimum of 180 days in a county jail.

In certain multiple-DUI situations, what would ordinarily be a misdemeanor Hollywood DUI charge could be elevated to a felony – even absent any additional complications (such as hurting someone while DUI, causing serious property damage or being involved in a hit and run).

Whether you have a history of driving like George Michael, or you are a first time offender who is confused and scared, you could almost certainly benefit from a consultation with a trained and experienced Los Angeles DUI attorney.

August 25, 2010

Celebrity Southern California DUI Bloggers Weigh in on Bengals Linebacker’s NFL Punishment

by Michael Kraut

As this blog reported earlier this year, NFL linebacker Rey Maualuga caused a stir in the sports celebrity Los Angeles DUI community in January when he got pulled over in Kentucky for DUI after he smashed into two parked cars and a parking meter. Maualuga ultimately pled guilty to driving under the influence and had to contend with the following penalties:

• Seven year suspended jail sentence.
• 90-day driver’s license suspension.
• Mandatory alcohol and drug education classes.
• Two years probation.
• Forced restitution for the property damage.

While Maualuga’s legal sentencing for his arrest has been long concluded, his NFL punishment was only doled out on August 17. The NFL had an opportunity to suspend the Bengals linebacker. Indeed, the Commissioner just recently reviewed whether to suspend one of Maualuga’s teammates, Cedric Benson, who got convicted of a misdemeanor for punching an bar employee in the face (the commissioner decided not to suspend Benson, either.)

But although Maualuga escaped league suspension, he had to forfeit two weeks of his signing bonus and pay two games’ worth of his checks to the NFL.

If someone like Maualuga had been pulled over for, say, driving under the influence in Long Beach, what penalties would he face here? Your Southern California DUI punishment will be determined by a constellation of complex factors, including whether or not you hurt anyone or did any property damage, whether this is your first offence or a second or a third, whether you have a criminal record, whether you were operating on a suspended license or not, whether you were under the legal drinking age, and whether you cooperated with police or fled the scene.

For the simplest Long Beach DUI offense, you might be convicted of a misdemeanor and get penalties like 48 hours of mandatory jail time, court costs and fines equal to a maximum of $1,000, a one-year license suspension with no possibility of restricted license, six weeks of mandatory alcohol school, probation, and forced installation of an interlock ignition device (IID) in your vehicle.

As you can see, even a conviction of misdemeanor Los Angeles DUI carries some pretty hefty penalties. To that end, you want to make sure that the defense you develop is well suited and appropriate. Indeed, the strategy that you pursue can have enormous ramifications both for your personal freedom and for your finances.

August 23, 2010

Los Angeles DUI Online Community Muses about Another Lawnmower DUI Arrest

by Michael Kraut

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.

August 18, 2010

Celebrity Los Angeles DUI Blogs Debate Cleveland’s Rotten Luck as another Star Goes South

by Michael Kraut

Those in the Southern California DUI community who follow celebrity arrests and general misconduct have once again turned attention to the city of Cleveland, Ohio. Cleveland has taken quite a PR hit over the past few months – in particular, the city’s former basketball phenom, LeBron James, ditched his Cleveland Cavaliers for the Miami Heat in a televised conference on ESPN. The latest insult to Cleveland came last weekend when Gerard Lawson, a defensive back for the Browns, got into a hit and run DUI accident in Cleveland’s Warehouse District.

Local station WEWS-TV reported that Lawson smashed into a parked car and attempted a hit and run before being pulled over the police. He confessed to driving under the influence and got released early Sunday (just in time for practice). The 25-year-old Lawson signed with the Browns in 2008 and played five games in 2009.

From the WEWS-TV news report, it appears that Lawson did not hurt anyone (or himself), but what happens if someone drives DUI in Burbank (for instance) and does cause injury to someone else?

Southern California DUI law is very clear – if you cause what’s technically known as “DUI with injury,” a violation of California Vehicle Code Section 23153(a) or 23153(b), your punishment can be elevated above and beyond on a normal punishment for driving under the influence in Burbank.

What’s the difference?

A “typical” Los Angeles DUI arrest – e.g. for driving with a BAC of 0.12%, significantly over the state’s legal limit of 0.08% — might net you punishments like fines, mandatory interlock ignition device installation, a one year driver’s license suspension, probation, and a small amount of jail time. But if you commit the same exact crime and hurt someone in the process – even not that badly –your Burbank DUI could be bumped up to a felony. This means that if you are convicted, you could permanently lose the right to vote in elections, and all aspects of your sentence could be more extreme.

Another thing to take from this Gerard Lawson report is the idea of hit and run. If you hit a car or a person or a piece of property and then drive off without reporting it or without leaving a note, you could face substantial extra legal trouble – including a ratcheting up of all sorts of penalties.

So whether you’ve been arrested for driving under the influence in Southern California – or a friend or relative got caught for a hit and run or injury DUI – you no doubt can use the counsel of an experienced DUI defense attorney.

August 16, 2010

Southern California DUI Experts React to Guilty Plea in Prominent New York DWI Death Case

by Michael Kraut

Experts in Southern California DUI law try to pay attention to events that occur on the national radar as well as to local Southland news items. And a recent development in a heartbreaking case out of New York City has once again stoked debate and discussion among the community.

Below is the scoop.

Carmen Huertas was partying last October in Chelsea when she decided to load up her van with seven young girls and take them to the Bronx for a slumber party at her house. Unfortunately, Huertas had been drinking. Allegedly, she knew it too. According to testimony, she told her passengers “if you think I am going to crash, raise your hand!” Anyway, Huertas got onto the Henry Hudson Parkway and lost of her car control around West 96 Street. In the terrible crash that ensued, 11-year-old Leandra Rosado died.

Now, Huertas is prepared to enter a plea of guilty to the manslaughter charge against her in hopes that Justice Charles Solomon will be lenient. Justice Solomon has said in the past that he would give her something in between the maximum possible sentence of 15 years and minimum possible sentence of 1 year.

What happens if someone commits vehicular manslaughter while DUI in Glendale (or elsewhere in the Los Angeles area)? There are actually laws on the books that specifically handle Los Angeles DUI vehicular manslaughter. This occurs when a motor vehicle driver violates traffic laws or is careless or negligent — and as a result of this carelessness or fault indirectly or directly causes the death of another human being.

There are degrees of vehicular manslaughter. One of the strongest charges is “gross vehicular manslaughter while intoxicated.” To prove this, the prosecutor must show that the defendant was more than just normally “negligent” – he or she had to have been “grossly negligent.” If you are convicted of this more serious charge, you can face 10 plus years in jail or longer for every person who died in the accident. Gross negligence is defined as recklessness that creates serious bodily injury and/or death. And a reasonable person would know that the behavior would create this kind of extreme risk.

Whether you have been charged with a very serious crime, such as gross vehicular manslaughter while DUI in Pasadena, or you have been pulled over for a more “run of the mill” (but obviously very sobering and scary) charge of driving under the influence in Beverly Hills with a BAC of 0.14%, you likely need comprehensive and strategic guidance with your legal defense.

When defendants research Los Angeles DUI attorneys, they typically feel significant pressure to make a choice quickly. But it’s important to find an attorney who has the experience, track record and capacity to deliver a superior defense for you.

August 11, 2010

Los Angeles DUI Experts Closely Watch Virginia Case; Man Accused of Killing Nun May Face Murder Charges

by Michael Kraut

Southern California DUI experts are monitoring a breaking case out of Virginia involving a recidivist DUI driver who allegedly slammed into a car full of nuns, hurting two of them and killing one of the sisters. This epic tragedy made national headlines and sparked debate among the legal community – particularly since the county prosecutor plans to seek a DUI murder charge against the suspect, 23 year old Carlos Montano.

Prior to this incident, Montano had been twice convicted for DUI, and his license had been revoked for DUI reasons. So he never should have gotten behind the wheel in the first place. Allegedly, he was driving southbound on the highway, when he veered out of his lane, smashed into a barrier, and crossed over to the northbound side, where he hit a car carrying the nuns head on. 66-year old Sister Janet Mosier died on the scene, while sisters Charlotte Lange and Connie Lupton suffered critical injuries and got med-evaced to nearby Fairfax Hospital.

Montano was arrested and charged with involuntary manslaughter as well as driving under a revoked license. Apparently, Montano was also in the United States illegally, and Paul Ebert announced last Tuesday that he plans to charge the man with DUI murder.

Obviously, this situation is a terrible tragedy, and it drives home the point that anyone who drives under the influence in Long Beach or anywhere else in Southern California risks hurting or even killing other people and suffering grievous consequences themselves.

A DUI murder charge – also known as a Watson murder – is a second degree murder charge. It can result in penalties of 15 years in prison up to life in prison. Watson murder cases are very rarely charged – in most instances of Southern California DUI related homicide, prosecutors will seek something like “gross vehicular manslaughter while intoxicated” pursuant to Penal Code Section 191.5 (a) – itself a very serious charge but not as serious as a Watson murder charge. In Southern California, to prove a Watson murder case, a prosecutor usually has to show that the defendant has multiple prior Los Angeles DUI convictions and that the person drove with “implied malice” – in other words, he or she had a clear understanding of the dangers but chose to ignore them. And by choosing to ignore them and by driving under the influence in Long Beach (or wherever), he or she caused the death of another human being.

Of course, even if you face a relatively “pedestrian” charge of driving over the California legal limit of 0.08% in Long Beach, you could face tremendous problems, such as a revoked CA drivers’ license, mandatory interlock ignition device installation, jail time, and steep fines.

You want a creditable, successful attorney to suggest solutions.

August 9, 2010

Southern California DUI Rampage Leaves Several Injured; San Francisco Giants Outfielder’s Brother Named as Culprit

by Michael Kraut

Last Sunday, residents of the sleepy town of Danville witnessed a shocking multiple hit and run Southern California DUI rampage involving Cainan Schierholtz, the brother of Nate Schierholtz, an outfielder for the San Francisco Giants. All told, the 23-year old Schierholtz allegedly hit a bicyclist, a pedestrian, and several cars and trucks before he was stopped.

Diagram of a Rampage
The insanity began around 10 in the morning on Sunday, when police officers heard a report that someone was driving DUI near Railroad Avenue and Danville Boulevard. Schierholtz by that time had probably already hit his first victim – a bicyclist on Danville Blvd. Rather than stop to help the bicyclist, Schierholtz continued forward and rammed into a pedestrian. Again, he did not stop and instead swerved into another lane and slammed into a pickup truck. Again, he didn’t stop. He pulled onto Linda Mesa Avenue and smashed into a Lexus SUV. Meanwhile, the driver of the pickup followed him onto Montair Drive.

The suspect was cornered on that dead end street and blocked by the pickup truck. He was at that point driving with his airbags deployed (but still managing somehow to move forward). But because the pickup truck blocked him, he got stuck. The pickup truck driver and local neighbors surrounded and subdued him before police got to the scene and arrested him.

Schierholtz was held on $350,000 bail and charged with multiple counts of Southern California DUI causing injury, three counts of injury hit and run, and two counts of property damage. And to top it off, the 23 year old was charged with driving without a license.

Fortunately, no one appears to have been severely injured during the rampage. But Schierholtz faces a huge legal battle. According to California Vehicle Code Sections 23153 (a) and 23153 (b), a typical count of Los Angeles DUI can be elevated to a felony if a driver under the influence causes injury to another person. Felony charges are more serious than misdemeanors. If you are convicted of a felony, for instance, you will lose your right to vote, and you may find it very difficult to get loans, find employment, and qualify for a lease on a car or an apartment.

If you are arrested for a DUI in Glendale or DUI in Pasadena and charged with injuring someone while under the influence, you will need to put together a strategically engineered defense. Depending on the circumstances, you could try to get the charges dropped altogether. In other cases, you may seek to plea bargain down the charges. For instance, in exchange for prosecutors not charging you with injury DUI in Pasadena, you might accept a lesser charge of a simple Los Angeles DUI, pursuant to California Vehicle Code Sections 23152 (a) or 23152(b).

In any event, chances are that you need a time tested attorney on your side to advise you and suggest a strategic way forward.

August 4, 2010

A Lesson for All Would-Be Southern California DUI Drivers: From a 13-Year-Old Girl

by Michael Kraut

No one disputes that driving DUI in Los Angeles is dangerous – and that conscientious people should do everything in their power to prevent friends and relatives under the influence from getting behind the wheel. But a rare story out of Islip, New York drives home this point in emotionally compelling fashion. The story involves a 13-year-old girl who called 911 after her mom insisted on driving DUI in spite of having her and her 10-year-old brother as passengers.

CNN reported that the 13-year-old daughter of Jamie Hicks called 911 last Sunday, while her mom was weaving on I-84 near Connecticut. The New York State Police pulled Ms. Hicks over and arrested her after she failed a field sobriety test. Her BAC level tested at 0.18% – more than twice the legal limit for Southern California DUI. According to CNN, Ms. Hicks will appear in court on August 17th to face an array of charges, including charges of endangering minors.

It obviously took guts for the young woman to call the police — she clearly did not want to see her mother put behind bars — but perhaps her act averted disaster.

Moving to another important general lesson, let’s talk again about Southern California Field Sobriety Tests (FSTs) – what they are, how they have bearing (or not) on cases, and what you should do if you’ve been arrested for driving under the influence in Pasadena — hopefully not with young children in your car.

Field Sobriety Tests are mental and physical exams given by police officers. A common mental test involves saying the alphabet backwards. Physical exams include the horizontal gaze nystagmus test, which is essentially a pupil reaction time test. DUI individuals tend to have slower reaction times. Balancing tests include: walk the line, one leg stand, finger to the nose and rhomberg (where you tilt your head backwards and count from 1 to 30).

In theory, Field Sobriety Tests (FSTs) should do a pretty good job determining who is DUI in Pasadena and who is not. But in practice, the tests can be extremely problematic. First of all, drivers pulled over under suspicion of DUI tend to be nervous, jittery, uncomfortable, nauseous, and otherwise out of sorts. Their behavior (e.g. stumbling and fumbling) may have nothing to do with whether or not they are under the influence and everything to do with their natural disposition or their feelings of fear. Also, the National Highway Traffic Safety Administration (NHTSA) has suggested that all but three of the FSTs that police officers typically use – the horizontal gaze nystagmus, one leg stand, and walk and turn tests – really don’t show a correlation between impairment due to alcohol and performance.

For example, someone who is DUI may have a fantastic memory and may be able recite the alphabet backwards by rote even with a BAC of 0.20.

If you have been pulled over for Southern California DUI, you likely need a smart and experienced attorney in your corner to investigate the arrest and help you come up with a strategy to deal with the charges. Sometimes that strategy may involve trying to get the charges excused completely. Other times, it might involve trying to plea bargain down the charges so you will face a lesser offense and reduced punishment.

August 2, 2010

Even Los Angeles DUI Veterans Stunned by Man’s 17th DUI Arrest

by Michael Kraut

You might think that Southern California DUI experts have seen at all – from celebrity arrests (e.g. Nick Nolte, Lindsay Lohan, Mel Gibson) to other bizarre stories we have covered here on this blog. But a breaking story out of Louisiana actually may take the cake for most jaw-dropping case of the year.

The Sun Herald reports that Jimmy Graves Jr. was sentenced last Wednesday to 5 years in jail pursuant to his 17th DUI arrest. The 40-year-old Gonzales got pulled over last May 11th with a BAC of 0.16% – exactly twice the legal limit of a Long Beach DUI. Initially, prosecutors charged Graves with a misdemeanor second DUI offense. But upon further consideration, prosecutors found that Graves had been pulled over for DUI 16 prior times (including both convictions and arrests) and sought to punish him more. The jury sided with the prosecutors and sentenced Graves to a day-for-day five-year prison sentence — without consideration for early release — due to his habitual offender status. Graves’ Long Beach DUI arrest (Long Beach, Louisiana that is) occurred at 12:30 A.M. while he was driving his wife to the beach for his birthday. He maintained up until the end that he was not guilty of the charge and that the breathalyzer Intoxilyzer 8000 had malfunctioned.

Now, in the case of a guy who had 16 prior DUI arrests, one might be very dubious of this defense. After all, fool me once, shame on you… fool me 16 times, shame on me.

However – although this blog obviously can’t say anything about this particular case – breathalyzer machines are far more fallible than most people (including most police officers and Los Angeles DUI defendants) realize. Breathalyzers fail to distinguish between men and women, who process alcohol at different rates. Breathalyzers have a hard time telling the difference between ethanol and other chemicals on the breath – particularly chemicals found in the breath of diabetics. The amount of food, the depth of the breath blown, the calibration of the machine, officer bias, and literally dozens of other factors can prejudice results, yielding false positives.

A savvy Long Beach DUI attorney can challenge your breathalyzer-related arrest. The key is retaining a Los Angeles DUI lawyer who has the knowhow, knowledge, and track record to get the job done.