Los Angeles DUI Attorney Blog

February 2, 2010

Southern California DUI Community Notes Bengals Linebacker’s DUI Troubles

On Friday, Southern California DUI blogs buzzed with the news that homegrown sports hero, Ray Maualuga, had been arrested for DUI in Covington Kentucky. The 23-year-old Maualuga — who was drafted by the Bengals in 2009 out of the University of Southern California — reportedly had been driving with a BAC of .157 when his 2003 Pontiac spun out of control and smashed into a parking meter and two cars. No one was injured. But Maualuga did cause minor but significant property damage. The Bengal’s linebacker tested at nearly twice the Kentucky (and California) legal limit of 0.08%. He is scheduled to return next month to Kenton County District Court for a hearing on the matter. In addition to the gamut of potential court imposed penalties, Maualuga faces the possibility of being disciplined by the NFL for violating the league’s personal conduct policy.

This morning, Maualuga Tweeted to his Twitter followers about his remorse over what happened. He vowed to “do everything in my power to gain ur trust back! I will definitely learn from this!”

Whether you’re pulled over for DUI in Covington, Kentucky or DUI in Pasadena, California, the consequences of conviction can be life changing. Here in Southern California, the basic relevant laws are encapsulated in two sections of the California Vehicle Code: sections 23152 (a) and (b). The first section stipulates that a driver pulled over by the police while under the influence of alcohol or drugs can be placed under arrest and charged with a misdemeanor or felony. If the Court convicts, he or she will face punishments like jail time, license suspension, points on the license, and fines and court costs. As of January 1, 2010, even a first-time Pasadena DUI offender will be required to install something called an interlock ignition device (IID) in his or her vehicle. This mechanism prevents a driver from starting the engine unless he or she blows into a Breathalyzer like device first.

Section 23152 (b) stipulates that a driver who operates a vehicle with a blood-alcohol concentration of greater than 0.08% can be arrested for DUI. Officers use a number of tests to determine this BAC number — including urine analysis, breathalyzers, and blood tests. Each of these common methods has pluses and minuses.

If you’re arrested for a Pasadena DUI, it can help to discuss your matter with a qualified and proven lawyer. After all, perhaps your BAC test was biased, inaccurate, or improperly interpreted. The only way to build a superior defense is to analyze all relevant facts in context. Most Pasadena DUI attorneys spend their entire careers only arguing for defendants. As a result, they may be blinded to certain solutions.

January 27, 2010

Sentencing Issued in Southern California DUI Manslaughter Case

by Michael Kraut

Last Friday, Corporal Elijah Fergusson (22) was sentenced for Southern California DUI manslaughter for a February 22nd, 2008 car accident that resulted in the death of an area doctor, Dr. Michael Sein.
On the night of the accident, Fergusson, a young marine who had just returned from a tour of duty in Iraq, had been playing drinking games on his marine base. His friends hid his car keys. But then Fergusson got into a phone altercation with his wife, who threatened to leave him. Determined to see her and his young child, the marine allegedly bullied his subordinates into letting him drive a Dodge Cavalier. But he got lost on the way to his house and ended up on McArthur Boulevard, where he slammed into the back of Seins’ vehicle at 74 mph.

Fergusson’s attorneys had argued that the marine got PTSD on his tour of duty in Iraq and that therefore he should be let off with a more lenient sentence. In the end, Judge Ronald Bauer of Superior Court agreed with the Deputy District Attorney’s recommendation of 15 years to life for the DUI manslaughter. (The family of the victim had asked for a 21 year to life term.)

The distinction between Southern California DUI vehicular manslaughter and DUI murder can be subtle. Most non experts assume that charges of vehicular manslaughter, gross vehicular manslaughter while intoxicated, and DUI murder are interchangeable. But in fact they are extremely different. They carry different penalties and require different burdens of proof.

In California, a vehicular manslaughter charge can be filed if a driver causes a traffic accident due to negligence, gross negligence, or the commission of a traffic infraction. Whether or not you were under the influence when the accident happened is immaterial for this charge.

The charge of gross vehicular manslaughter while intoxicated is far more serious — pursuant to penal code section 191.5(a), the prosecution must prove four points in order for this charge to stick:

1) The suspect was driving under the influence in Southern California with a BAC level of 0.08 percent or more.
2) The driver committed an infraction, misdemeanor, or other act that could lead to death.
3) The infraction, unlawful act or misdemeanor could lead to someone’s death “with gross negligence.”
4) The grossly negligent actions of the driver were the cause of the death of somebody.

DUI murder charges are even more serious. These charges are often called “Watson murders.” If convicted, an individual can face 15 + years to life in jail. Watson murder charges are typically only brought in extreme cases. For instance, if the suspect has numerous DUI convictions and then gets behind the wheel while under the influence and kills someone, he or she might be subjected to a Watson murder charge.

If you or someone you know or love has been charged with vehicular manslaughter, gross vehicular manslaughter while intoxicated, or DUI murder in Southern California, you likely need a solid, well versed attorney to represent you.

January 25, 2010

Former Hollywood DUI Defendant to Appear on Celebrity Rehab with Dr. Drew

by Michael Kraut

Musician Mike Starr — best known as the bass player for the ‘90s rock band Alice in Chains — and former Hollywood DUI defendant — is scheduled to appear on the second episode of VH1’s Celebrity Rehab with Dr. Drew. The reality series follows the journeys of eight different celebrities who are in treatment for drug and alcohol addiction recovery. This year’s series will follow the stories of (among others) tattooed basketball legend Dennis Rodman, Heidi Fleiss (the famed former Madame of Hollywood), and Kari Ann Peniche, a Miss United States Teen pageant winner.

Starr, 43, has been arrested multiple times for drug and alcohol violations in cities as far flung as Salt Lake City, L.A., Seattle, and Pasadena. In 1994, he was booked at a Houston airport for possession of narcotics. In September 28, 2008, he was pulled over for drug possession in Los Angeles. In 2005, Starr was arrested in Seattle for yanking the hood ornament off of a man’s car.

If you’re caught driving under the influence in Pasadena, what exactly happens to you? How do the police know whether or not you’re over the legal limit?

One method the police use to determine your blood alcohol content (BAC) level is the blood test. Whether you’re arrested for DUI in Pasadena, DUI in Hollywood, or DUI anywhere else in Southern California, the blood test must be administered in a very precise manner. First, a sample is taken from the vein of the suspect. Then a qualified technician must ID it and transport it for further testing. The results must then be reported and interpreted. The blood sample is mixed with certain chemicals to prevent clotting, and police can choose from one of three acceptable methods to test BAC concentration.

Are blood tests always right?

Like breathalyzer tests, blood tests can yield what are known as false positives — that is, they can give a reading above the CA legal limit of 0.08% even if a suspect was actually BELOW that number.

Unfortunately, many Pasadena DUI suspects do not realize how fallible these tests can be. At any number of nodes in the process, problems can occur that can skew results and lead to false positives. For instance:
• sample is not kept sterile;
• the preservative chemical mixture is improperly mixed;
• the sample is not refrigerated correctly or kept at the right temperature;
• the person who takes the blood sample does not have proper training or licensing;
• the alcohol used on the skin to sterilize contaminates the sample;
• the police mix up samples or improperly interpret results
So how can you prevent a false positive from getting you convicted of DUI in Pasadena? Your best bet is almost always to solicit the services of a trial-proven attorney who specializes in DUI defense.

January 21, 2010

Southern California DUI Charges for Chargers Receiver? Not Quite. But Last Few Days Clearly Have Not Been Kind to San Diego Football.

by Michael Kraut

In January 2008, Chargers receiver Vincent Jackson got busted for driving under the influence in Southern California. Today – nearly two years to the day since that arrest – Jackson’s driving troubles are again making headlines. Sunday night, just hours after the Chargers lost a bitterly contested battle against the New York Jets for the right to continue on in the playoffs — Jackson got pulled over by San Diego police for blasting music from his car. The officer found that Jackson had been driving on a suspended license and had expired tags. San Diego 10 News reported that Jackson was not actually taken to jail — but he did get handcuffed at the scene.

In addition to his January 2008 DUI charge, the troubled receiver is also grappling with a second Southern California DUI charge; his BAC level in that case was allegedly twice the CA legal limit of 0.08%. He got a continuance on this charge last week, but if he’s ultimately convicted, the NFL could suspend him.

What happens when you’re arrested multiple times for driving under the influence in Southern California?

Obviously, penalties increase. But how, specifically? And how might these increased threats impact defense strategies?

In one sense, every case is different. Sentencing can depend on eclectic factors such as:

* the lawyers involved
* the judge you get
* the arguments you make
* the context of the DUI arrest
* your level of contrition
* etc

That said, mandatory punishments for first time misdemeanor DUI offenses differ from from mandatory multiple DUI punishments in some key ways.

First-time punishments often include:

* CA driver’s license suspension
* $1000+ fine
* Additional costs levied (can vastly exceed the $1000 fine)
* 48 hours behind bars (six months maximum)
* Forced DUI alcohol school
* Mandatory insulation of an interlock ignition device (IID) — even first-time misdemeanor DUI convicts must install an IID, subsequent to the law that went into effect on January 1, 2010
* Probation and other court imposed terms of release

But if, within 10 years, you get convicted of two+ charges of DUI in Southern California, possible penalties can increase in the following ways.

* Fines: whereas with a first-time misdemeanor DUI, the maximum fine is $1000; with multiple DUIs, this number can go up — way up.
* License suspension: a second DUI nets you a two-year suspension. A third DUI nets you a 18 month suspension. And so forth.
* Minimum jail time: A second DUI leads to a mandatory minimum sentence of 4-10 days behind bars. A 3rd DUI leads to a mandatory minimum of 120 days. A fourth DUI leads to a mandatory 180 days in jail. And that’s all just for misdemeanor convictions.
* Minimum time spent in alcohol school also goes up with each conviction.
* Terms of probation can stiffen with each new DUI conviction.

Building a stout defense to Los Angeles DUI, Long Beach DUI, or Whittier DUI charges is not easy, even for veteran defense attorneys.

January 19, 2010

School Bus Driver Slammed With Charges of Driving Under the Influence While Transporting 15 Children — Possible Implications for Los Angeles DUI Violators?

by Michael Kraut

Recent changes to Southern California DUI laws — mandating that first-time offenders install interlock ignition devices (IIDs) in their vehicles — have made Southland residents more keenly aware of the consequences of driving under the influence.

A breaking story out of Pittsburgh reinforces this message: According to the Pittsburgh Post-Gazette, 38-year-old school bus driver, Brian Dunlap, was arrested on Monday for multiple charges, including reckless endangerment, DUI, and endangering the welfare of 15 children from a Pittsburgh high school.

While driving students to a local science museum, Dunlap allegedly narrowly missed hitting a telephone pole; following the scary swerve, he began laughing. Chaperones observed that his eyes were bloodshot and his speech was slurred. Hours later, while leaving the science center (children in tow), Dunlap careered through a red light. Concerned chaperones phoned police, who quickly arrived at the scene, gave the driver a field sobriety test, and remanded him to an Allegheny County prison. (Tests at a nearby hospital later suggested that Dunlap was not under the influence of alcohol but rather was on illegal narcotics.)

According to the reports, fortunately, no child was injured. That said, stories of near misses like these are all too common these days in places like Hollywood, Pasadena and elsewhere in Los Angeles. Pursuant to California Vehicle Code Section 23153 (a), a misdemeanor Pasadena DUI can be upgraded to a felony charge if the driver causes injury to another person while operating his/her vehicle. California Vehicle Code Section 23153 (b) stipulates that drivers who drive with a BAC over the California limit of 0.08% — and who cause injuries to other people, particularly to children — can be subject to an assortment of punishments including: Court fines, stripping of professional licenses, hiked up insurance rates, forced restitution to injured victims and/or their families, and jail sentences.

To develop a comprehensive response to charges of driving under the influence in Pasadena, it can help significantly to game out defense strategies with a qualified and experienced attorney. Many lawyers can handle basic DUI cases. But it is usually impossible to tell whether your case will be “basic” or quite complicated. Even seemingly cut and dry matters tend to have a way of expanding into vastly more fraught debates over legal subtleties. To that end, you likely want someone on your side who has lots of trial experience and who has served as both a defense attorney and as a prosecutor.

January 14, 2010

Hollywood DUI Charge Dropped for Stephanie Pratt (Star of The Hills)

by Michael Kraut

People Magazine has reported that charges of driving under the influence in Hollywood against 23-year-old actress Stephanie Pratt were dropped on Thursday, January 7. The Hills‘ star reportedly plea-bargained her misdemeanor DUI down to a charge of “exhibition of speed” and received a relatively light sentence that included: 12 weeks of alcohol school, mandatory attendance at three AA meetings over eight weeks, and a nominal fine.

As this blog reported a few months ago, Pratt was arrested in the early hours of October 18, 2009 after partying with fellow celeb Holly Montag at the club Empire. She pled not guilty to her DUI charges in November. Pursuant to her plea arrangement, Pratt was ordered to see a physician for her substance abuse issues. But she reportedly did not attend a 30 day residential rehab because her doctor did not believe she needed the treatment.

Plea bargaining a Hollywood DUI charge — like Stephanie Pratt did — can prove exceedingly cumbersome and complicated, even if the facts and the law are on your side.

The challenges only increase when you’re charged with DUI with injury in Hollywood. According to California Vehicle Code Section 23153 (a), a basic misdemeanor DUI charge can be elevated to a felony DUI charge if the use of alcohol and/or illegal narcotics results in an injury to another person.

A panoply of punishments may be imposed for such a crime, including but not limited to:

* Forced restitution to the injured party or parties
* Hiked up insurance rates
* Significant court costs/fines
* Loss of certain rights, such as the right to vote
* California driver’s license suspension

All that said, even if you do hurt someone while driving under the influence in Hollywood, you won’t necessarily be stuck with a felony charge. Pursuant to the law, the prosecution make several key arguments in order to stick a felony charge:

#1: You were driving above the DUI limit of 0.08% BAC.
#2: You were negligent or otherwise in violation of California’s traffic laws.
#3: The injury resulted directly or indirectly from your negligence.

In other words, if you were below the legal limit; or if the other party was responsible or even partially responsible for the crash; or if you weren’t in violation of any traffic laws; you can still be hit with a misdemeanor DUI charge, but you won’t likely have to deal with a felony DUI charge.

As even this brief discussion regarding the nuances of Hollywood DUI law demonstrates, minor subtleties can have major impacts. That’s why it is almost always a good bet to invest in reputable legal help.

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.

January 7, 2010

Wide Receiver for Colts Busted — Not for DUI in Los Angeles — but Rather for DWI in Indianapolis

by Michael Kraut

The NFL is abuzz with reports of the latest celebrity sports DUI. This one’s not the typical charge of driving under the influence in Southern California; rather it is a DWI arrest in the otherwise sleepy city of Indianapolis, Indiana. The suspect in question is Tajiddin Smith, a wide receiver for the Indianapolis Colts. Smith had been called up to the NFL just months ago (September), and he played last weekend in the Colts’ battle against the New York Jets.

The 26-year-old Smith allegedly had been driving erratically — swerving over the center divider in an area called Monument Circle — when a police officer pulled him over. According to a local media outlet, Channel 6, Smith allegedly smelled like alcohol and had difficulty exiting his vehicle. He failed police-administered roadside sobriety tests and blew a BAC high above the state’s legal limit. News Channel 6 also reported that Smith was charged with ‘driving while intoxicated’ (DWI) — a potentially more serious charge than ‘driving under the influence’ (DUI).

If you’re pulled over for driving DWI in Beverly Hills or DWI in West Hollywood or anywhere else in Southern California, it can help to have a working understanding of the standards by which officers must conduct themselves. In California, DWI suspects can be arrested in essentially two ways:

1) At predesignated ‘DUI checkpoints,’ which are set up explicitly to catch drivers in the act of violating California Vehicle Code Sections 23152 (a) and (b).

2) Drivers can be arrested via ad hoc traffic stops. Indeed, most Southern California DUI arrests occur after an officer observes a traffic infraction or other road violation — such as swerving over the center line as Smith allegedly did. Other typical ‘trigger’ violations include: running stop signs or stoplights; speeding excessively; going too slow for traffic; and driving recklessly or aggressively.

In California, police may not act with impunity during these pullovers. Both the California Supreme Court and the United States Supreme Court have stipulated precise rules of conduct by which arresting officers must abide. If an officer makes a stop illegally, or if a suspect is denied due process, for instance, the charges against the defendant may be thrown out, irrespective of the validity of the allegations.

You need not be a sports celebrity to avail yourself of the best possible legal defense against charges of Beverly Hills DWI (or DWI elsewhere in Southern California).

January 4, 2010

New Year’s Eve Arrests for DUI in Los Angeles Way Up over 2009 Numbers

by Michael Kraut

According to California Highway Patrol (CHP) statistics, 108 people were arrested for DUI in Los Angeles County over New Year’s Eve (from 6:01 PM on 12/31/09 through 6 AM on 01/01/2010). In 2009 — one year ago — only 430 people were arrested. These trends were statewide. In 2009, 430 people were arrested in all of California for driving over the influence on New Year’s Eve; in 2010, 527 people were busted.

But although state arrest numbers went up by 97, crash fatality numbers went way down. In 2009, 11 people died on California’s freeways on New Year’s Eve; in 2010, only six died.

The New Year’s Eve arrests followed on the heels of a statewide campaign to crack down on driving under the influence in Southern California and Northern California. As of December 28, 2009, over 1,400 people had been snagged in L.A. County alone for DUI violations. And over the Christmas holiday weekend, the CHP arrested over 200 people in LA for driving under the influence.

CHP officials have trumpeted these numbers as evidence that their statewide crackdown saved lives and kept California roads safer.

When CHP agents arrest people for driving under the influence in Long Beach, what precisely does that mean, legally speaking? California Vehicle Code Sections 23152 (a) and 23152 (b) spell out precisely what constitutes a DUI in Southern California. Section 23152 (a) stipulates that a driver operating a car, truck or other motor vehicle on state roads while under the influence of alcohol or drugs can be subject to arrest; if convicted, he or she will face an array of unpleasant punishments, which can include driver’s license suspension, jail time, court costs and fines, points on a driver’s license, and now — as of 01/01/2010 — a mandatory installation of an interlock ignition device (IID) even for first time Long Beach or Glendale DUI offenders.

Section 23152 (b) stipulates that it is illegal to operate a motor vehicle if your blood alcohol concentration is above 0.08%.

Crafting a methodical and proper legal defense to charges of driving under the influence in Long Beach (or elsewhere in Southern California) can prove immensely challenging, even if the facts are on your side.

January 1, 2010

New California DUI Laws Go Into Effect Today That Change The Way A Los Angeles DUI, Burbank DUI, Long Beach DUI or Beverly Hills DUI are now Treated

by Michael Kraut

Effective today, the new DUI laws are going into effect that are going to change those charged and convicted of a DUI in Los Angeles County are treated. Under a new law, a few counties, including Los Angeles, will have substantial changes that could significantly effect those convicted.

In California, a person charged with a first time DUI in Los Angeles will face the usual punishments that most people have come to expect. Those include a mandatory jail sentence of anywhere between 96 hours to 6 months in county jail. In addition, a person will have their license suspended by the DMV for a maximum of 6 months. The court will also levy huge fines that range anywhere from $390 – $1000, plus penalty assessments that triple that fine. The punishment does not stop at this point. The person will also have to complete a California driving under the influence program that lasts 3 months. Those used to be the full list of possible punishments. However, anyone now convicted of a DUI in Los Angeles beginning January 1, 2010, will also have to install an ignition interlock device (IID) to any car that they drive. This device requires a person to blow into a machine prior to starting their car to insure that the driver does not have any alcohol in their system.

This new punishment for a Los Angeles DUI may have serious unintended consequences. For many people, the IID could cause them to loose their jobs. For example, if a person works in sales and drives clients around to various locations, each time they get into the car they must blow into the device to start the car. Most employers will not tolerate this and will terminate that employee.

For that reason people will need to fight their Los Angeles DUIs like never before. The use of a former prosecutor who knows the judges and prosecutors may be paramount to protecting your interests.

These are just some of the people who could loose their jobs as a result of having to install an interlock device (IID) in the vehicles:

Taxi Drivers
Bus Drivers
Sales Professionals
Long Haul Drivers

and anyone else having to drive for work