Los Angeles DUI Attorney Blog

December 27, 2009

Southern California DUI Enforcement Challenges over the Holidays

As the holiday season heats up in Southern California, and as the CHP rolls out over 250 checkpoints to tag drivers for Los Angeles DUI, Southland residents are craving information about how to minimize driving risks to themselves and to their families. Here are some factors that make driving in Southern California over the holidays challenging.
1. Vast expansion of CHP Southern California DUI checkpoints.

From December 18 through January 3, the California Office of Traffic Safety will sponsor 250 checkpoints across the state. CHP statisticians have argued that increasing checkpoints increases driver safety and helps get Glendale DUI drivers off the road.

2. Weather.

Unfortunately for skiing and snowboarding fans, most of Southern California will not experience a White Christmas this year. That said, the lack of snowfall ironically may be kind of a hazard. After all, studies suggest that drivers pay more attention after a snowfall — and this extra attention yields a compensatory protective effect. In late December in Los Angeles, Orange County, and San Diego, however — when it’s typically mild and in the mid 60s — our roads experience not snow but rather rain. And this rain tends to create ultra-slick conditions, because the water loosens up dirt, oil, and other slippery sludge.

3. Changes in holiday traffic patterns can increase uncertainty on the roads.

During the holiday season, schools let out early, jobs close, and traffic in and out of airports like LAX increases substantially. These drastic alterations in the typical traffic patterns can create hazards above and beyond those associated with Los Angeles DUI. After all, traffic functions best when everyone “knows the rules.”

4. General increase in driver distractibility (texting, GPS systems, speaking on the cell phone, etc.) can also lead to an increase in uncertainty.

During the holiday season, drivers typically get caught up in logistics of holiday travel, and this can likewise have a destabilizing impact that can increase accident rates.

5. Holiday carousing can lead to increases in Southern California DUI.

Holidays are notoriously a time of heavy carousing. The more drivers on the road under the influence of substances, the more accidents and injuries are likely to occur.

December 26, 2009

Eighteen Day Southern California DUI Crackdown Begins

by Michael Kraut

An epic holiday Southern California DUI crackdown began on December 18. According to a California Office of Traffic Safety press statement, 250 sobriety checkpoints will take place across California’s highways and byways from the 18th to the 3rd of January. California Highway Patrol Commissioner Joe Farrow said that the CHP will work hand in glove with 400 agencies across CA to reduce incidences of driving under the influence over the holidays.

All told, the CHP and other groups organized 1,700 total checkpoints in California in 2009. Next year, the police plan to an increase this number by 47 percent to more than 2,500 checkpoints.

In 2008, more than 214,000 people in California were arrested for driving under the influence — a high watermark for the decade and the highest number of DUI arrests since the early ‘90s. In 2008, DUIs led to 28,000 serious injuries and over 1,000 deaths, according to CHP statistics. That said, the National Highway Safety Administration (NHTSA) — via its Fatality Analysis Reporting System (FARS) — found that DUI related deaths in the state have declined since 2005.

In the most egregious Los Angeles DUI deaths, a defendant can be charged with DUI murder. If convicted of this charge of second degree murder, a defendant can get 15 years to life in jail. But a DUI murder — also often referred to as a “Watson Murder” — can be difficult for prosecutors to win. For instance, prosecutors must show that the driver demonstrated “implied malice” and may have to show that he/she violated a signed statement called “the Watson advisement.”

More often, if you hit and kill someone while driving DUI in Los Angeles, you’ll be charged with manslaughter under the California Vehicular Manslaughter Law (penal code 191.5(a)).

Defenses to Pasadena DUI manslaughter and murder charges can be developed — after all, the prosecution has to meet a very high burden of proof to win these counts — but if you or a loved one faces such charges, it may behoove you to consult ASAP with a qualified, experienced attorney.

December 23, 2009

Former “Apprentice” Contestant Busted for Southern California DUI

by Michael Kraut

Heidi Androl, a former contestant on Donald Trump’s realty show “The Apprentice,” was arrested Monday December 7 for a Southern California DUI on the 105 Freeway. The gossip website TMZ.com reported that Androl had been partying at Club Nokia (in honor of Luc Robitaille) prior to her arrest. She was reportedly going 35 mph — significantly under the speed limit — prompting an anonymous citizen to call the police. The CHP subjected her to roadside sobriety tests, which she allegedly failed.

What typical Southern California roadside sobriety tests do CHP officers employ on suspect drivers like Androl? Here’s a quick primer on the popular tests:

1. Horizontal gaze nystagmus test

This eye exam is often the first test an officer will use on an individual suspected of driving under the influence in Los Angeles. An eyeball typically “jerks” as it tracks a moving object, like a flashlight. Theoretically, a police officer can estimate impairment based on the angle of this jerk. But the science underlying this test is flimsy.

2. Coordination tests

These include:

a. one-leg stand test
b. walk the line test
c. finger to the nose test
d. Rhomberg test (in which a suspect leans his head back and counts up to 30.)

If the driver loses his balance, demonstrates poor reaction time, or shows a general lack of coordination, the officer might have reason to suspect Long Beach DUI.

3. Subjective evaluations

Independent of the field sobriety tests (FSTs) administered, an officer may arrest a suspect based on intuition. Fortunately for defendants, an officer’s “gut feeling” won’t likely be admissible as serious evidence in court.

December 21, 2009

Nine More Most Talked about Celebrity and Southern California DUI Arrests in 2009 (Part II: July through December)

by Michael Kraut

The last six months of 2009 saw a plethora of Southern California DUI arrests, and many of the entertainment industry’s most well known players fell victim. Let’s take a closer look at some of the headline grabbing celebrity DUI arrests in 2009.

9. Pamela Bach — as reported in our December 2nd entry, the ex-wife of Baywatch superstar David Hasselhoff was pulled over on the 101 freeway for DUI just around two weeks ago with a BAC of around 0.14%. According to reports, she had a previous track record for DUI (arrest in 2007), and she posted a $15,000 bail.

8. Thomas Dekker — the 21-year-old star of Terminator: The Sarah Connor Chronicles was busted back in late October for driving under the influence in Southern California and injuring a bicyclist. His bail was set at a whopping $100,000.

7. Ronald Belisario — On August 27, the Dodgers reliever was pulled over by the CHP not only for driving under the influence but also for talking on his cell phone while driving. Ironically, the pitcher had literally just thrown a star relief performance to help the Dodgers nail down a win against the Seattle Mariners.

6. Jeffrey Donovan — the star of the USA Network series Burn Notice was booked on July 12 for DUI after nearly smashing into a police car in his 2009 Audi. After failing a roadside sobriety test, Donovan posted a $1,000 bail.

5. Shayne Lamas — Lamas was pulled over on November 14th for a DUI in Los Angeles after failing a breathalyzer test by a wide margin. She was cited for a “wet reckless” charge, fined $300 and ordered to be on probation for three years.

4. Stephanie Pratt — the 23-year old star of the The Hills was busted back in early November for DUI in Burbank after partying at a club called Empire. She made a $5,000 bail. Pratt had previously been arrested for driving under the influence back in 2006 in Hawaii.

3. Brawley Nolte — on October 7, the son of Nick Nolte (who himself was arrested for driving under the influence in Southern California back in 2002) was pulled over in Santa Monica and arrested not only for DUI but also for hitting another car. Brawley failed a roadside sobriety test and had to pay a bail of $5,000.

2. Roderick George Toombs — the WWF superstar formerly known as Rowdy Roddy Piper was arrested in the beginning of July in Hollywood for driving under the influence. The erstwhile nemesis of Hulk Hogan was released on a $5,000 bail.

1. Alexandra Kerry — in late November, the daughter of the US Senator and former Presidential candidate was pulled over for driving with a BAC level of 0.06%. Although the Los Angeles DUI charges were ultimately dismissed, Kerry did get cited for having an expired registration and had to pay a $5,000 bail.

BONUS: Artie Lang — Howard Stern’s longtime co-host was busted for driving under influence on July 10. Lang allegedly rammed into someone else’s 2004 Pontiac and was arrested on multiple charges.

December 16, 2009

Nine Most Talked about Celebrity and Southern California DUI Arrests in 2009 (Part I: January through June)

by Michael Kraut

As the holiday season winds up and the business year winds down, it is time to reflect on some of the biggest Southern California DUI stories — news items that caught our attention, scared us, wowed us, or just surprised us. Here are nine of the most intriguing of these items.

9. Roger Avary — the screenwriter of such classics as Pulp Fiction and The Rules of Attraction was involved in a tragic case collision on January 13, in which he hit and killed a tourist, Andreas Zedine. Avary was booked at the Ventura County Jail and held on a bail of $50,000.

8. Jani Lane — the 45-year-old former rock star (of the band Warrant — famous for songs such as Cherry Pie) was busted for DUI in Los Angeles on 9:30 p.m. on June 18. Although he hit a car — and had to make a bail payment of $30,000 according to reports from the LAPD — he did not cause injury to others.

7. Lori Petty — The actor, who starred in popular ‘80s movies like Point Break (with Keanu Reeves) and A League of Their Own (with Tom Hanks), was arrested after she drove into a Venice Beach skateboarder in early June. Bail was set at $100,000.

6. Joba Chamberlain — The baseball player was arrested on April 2nd for driving in Nebraska with a BAC of over 0.13% – nearly twice the legal limit for driving under the influence in California (0.08%).

5. Russell Rhodes — a local Tampa Florida news anchor (WTVT Channel 13) was arrested on January 16 for DUI after fleeing on foot from police. An officer allegedly tackled the anchor, who suffered bruising, lacerations, and injuries to his face.

4. Charles Barkley — Technically the basketball great was arrested on December 31st, 2008. But since his DUI stop in Scottsdale, Arizona occurred fewer than 24 hours prior to the fall of the Apple in Times Square, we’re including him in 2009 category.

3. Brian Bosworth — the former Seattle Seahawks linebacker and actor (Stone Cold) was pulled over for a Los Angeles DUI while driving his Harley Davidson on Hollywood Boulevard. Bosworth failed a breathalyzer test and was released on a $5,000 bail.

2. Eric Carmen — The songwriter and lyricist, who is best known for hits from the 1980s such as Hungry Eyes and All By Myself, was sentenced in April for DUI in Ohio. In addition to having to pay fees of around $15,000, the 59 year-old spent 30 days behind bars.

1. Michael Phelps — Phelps was not technically arrested for DUI in 2009 (he was in 2004), but the Olympic gold medalist’s flirtation with marijuana back in February led to much public consternation and endorsement contract cancellations. Although Phelps was not involved in any kind of injury accident, his celebrity status and formerly-squeaky clean persona proved irresistible to gossip mongers.

December 15, 2009

Footage of Nas Arrest Lights Up Celebrity Los Angeles DUI Blogs

by Michael Kraut

Southern California DUI blogs are abuzz with new video footage featuring the DUI arrest of hip hop artist Nas — more formally known as Nasir Jones — who was charged with the offense back in September. The gossip site TMZ.com publicized the six minute and 47 second video clip, which shows the rapper failing multiple field sobriety tests. According to a September 10th police report filed by the Henry County, GA police, Nas initially admitted to smoking marijuana prior to getting behind the wheel.

Nas has been a favorite target of gossip-mongers recently thanks to his high-profile divorce from fellow superstar artist Kelis (of ‘Milkshake’ fame). Fortunately for the rapper, the DUI charges against him have been dropped. And his once acrimonious divorce proceedings with Kelis seem to have settled down — the two were seen laughing together outside their courtroom last week.

Although Nas’s arrest occurred in Georgia — and thus he would not have needed the services of a Southern California DUI lawyer — the trials and tribulations that beset many high profile defendants often showcase remarkably similar themes.

For instance, roadside sobriety test failures are often publicized as prominent “proof” that a particular defendant is guilty. But the reality is that roadside sobriety tests are far less accurate than advocates sometimes acknowledge. Consider the following:

The horizontal gaze nystagmus test is often the first examination given to a DUI suspect. Essentially, an officer tests whether the driver can effectively track a stimulus. If the eye reacts slowly or bounces back and forth, that might indicate DUI. But numerous factors can bias the test. For instance, all the following factors — and more — can cause a non-DUI driver to ‘fail’ the gaze test:

• being on a strong medication
• fatigue
• stress
• genetic (or other) disorders of the eyes

Other tests — such as the walk the line test, the one leg stand test, and the finger to the nose test — measure physical coordination to ascertain whether someone is DUI or not. But this kind of testing can likewise be biased or rendered meaningless by an array of factors including the ones aforementioned. In addition, illnesses, fear, or a simple innate lack of coordination can lead to false positives — and thus to Long Beach DUI arrests.

December 13, 2009

Terrifying Video of Los Angeles DUI Crash Percolates through Internet

by Michael Kraut

KTLA news in Los Angeles has reported that two different people have been booked on separate charges of suspicion of Southern California DUI following a videotaped late-night crash on the 10 eastbound near the 110 freeway. According to CHP reports, the incidents occurred early Friday morning (2 AM) in rapid succession.

The first incident involved a woman in a white Lexus who was pulled over in the rain: there was nothing extraordinary or unusual about her stop. However, subsequently, a freelance photographer who had been on the scene videotaped a second driver career into the stalled Lexis. The backseat passenger in this second vehicle was taken to a local hospital for minor injuries. Fortunately, no one was severely hurt in the crash. However, the harrowing footage made KTLA morning news and became a viral video sensation — attracting thousands of hits within hours of its posting online.

You can see the video of the crash here.

If news reports are accurate, the driver of the second vehicle could be charged with felony DUI, according to California Vehicle Code Section 23152 (a), which stipulates that a DUI count that would ordinarily constitute a misdemeanor can be elevated to a felony charge if the prosecution can show that:

a) the driver had a BAC of 0.08% or more;
b) the driver had been negligent or had been violating Glendale’s DUI traffic laws;
c) the passenger received his injuries as a direct result of the accident.

Punishments for Los Angeles DUI with injury can range from license suspension to prison time to fines and can depend on a number of factors, including the severity of the injuries and the degree of negligence.

December 7, 2009

5 Ways to Avoid Having a Los Angeles DUI (or Other Driving-Related Problem) Disrupt Your 2009 Holiday Season

by Michael Kraut

#1. To avoid accidentally driving under the influence in Southern California, plan ahead.

Holidays can be times of frivolity and spontaneity, but they can also be peculiarly dangerous. One of the most time-tested driving tips is also the Boy Scout motto: be prepared.

Very few people who get arrested for driving over the legal limit in California (0.08% BAC) start out their nights hoping to spend hours locked behind bars fretting about their futures. To be safe, you must understand your habits and proclivities and plan accordingly. For instance, if you are charged with a DUI in Pasadena and your in-laws enjoy carousing at a local tavern, line up a designated driver before the fun starts. If you wait until the middle of the evening to develop a back up plan, your judgment may by then be skewed and you may make dumb decisions that could lead you down a dangerous path.

#2. Avoid crazy drivers on the road.

Again, this is common sense. But it’s common sense uncommonly practiced. On holidays like New Year’s Eve, the Southern California freeways can become exceptionally dangerous. For example, anyone who finds themselves to being charged with a DUI in Glendale, runs the risk of being jailed. Because of the dangers of DUIs on the street, it is vital to avoid driving late at night, if possible, particularly between the hours of midnight to 3 AM and especially on weekends.

#3. Don’t drive while talking on a cell phone or texting. Often times, this is used as probable cause to detain some one during an investigation. For example, if a person is texting and also DUI in Beverly Hills, then an officer may stop the person to question them based upon the texting alone. Then, the officer may learn more facts to believe that the person is driving under the influence of alcohol or drugs.

Recent research out of places like Virginia Tech, the National Highway Traffic Safety Administration, and the Insurance Institute for Highway Safety suggest that driving while talking on a cell phone or texting can be a lethal mistake, even if you’re using a hands-free headset. The reason is that your mind is still distracted by the call — it’s not just a matter of holding something against your ear or not — it’s a matter of what your brain is paying attention to. Multiple independent surveys bear out this hypothesis. It doesn’t matter whether you’re driving with or without a headset — you’ll be dangerously distracted either way.

#4. Keep your car tuned up and your eye on the weather.

Although Southern California is not known for its frequent snowstorms, the month of December often sees quite unusual weather. Witness the burst of rain that soaked Southland freeways and byways today. Rain loosens up dirt and oil. The slickness of this slurry of water, oil, dirt, and debris can turn freeways into deathtraps.

#5. Review the laws regarding Southern California DUI.

Studying Los Angeles DUI laws may sound like a less than ideal way to spend your holiday. But studies show that attending to potential dangers can actually be protective. A recent federal study showed that individuals who installed monitors to measure how much electricity their homes used subsequently cut back spontaneously on energy use by about 15% or 20%. The same kind of feedback response effect is the basis for biofeedback, meditation, and the relaxation system known as the Alexander Technique. The idea is that — by bringing your attention to the fact that California Vehicle Code Section 23152 (a) and 23152 (b) stipulate that drivers who operate motor vehicles with a blood-alcohol concentration of 0.08% or higher can be arrested and charged with a misdemeanor and can receive incredibly steep fines, a one-year California driver’s license suspension, court costs, mandatory alcohol school, probation, and even jail time — you may subconsciously adopt more judicious behavior when you get behind the wheel.

If, however, you or a loved one has been arrested for driving under the influence in Southern California over the 2009 holiday season…

December 4, 2009

Tiger Woods’ big crash — not a celebrity Los Angeles DUI catastrophe — but an embarrassing incident (and media cat-nip) nevertheless

by Michael Kraut

Last Wednesday, golf superstar and billionaire Tiger Woods smashed into a fire hydrant near his Orlando home, causing over $3,000 in damage, according to the AP. Although this was not a Southern California DUI accident, the blogosphere (and even the mainstream media) has jumped all over the story, in part due to salacious details emerging about Woods’ alleged affair with a cocktail waitress named Jamie Grubbs. The Orlando police released a six page accident report which included over 100 photos of Woods’ damaged Cadillac Escalade. According to the AP story, Woods’ vehicle “rubbed up against a line of bushes, crossed over a curb onto a grass median and into a row of hedges before swerving left into a hydrant and crashing into the tree.”

Woods has hunkered down — away from the public spotlight — after issuing a cryptic public apology about his “transgressions.”

Although Woods was not charged with DUI in Southern California — the incident, after all, occurred in Orlando, Florida, and the only charge was “careless driving” (which merited a flimsy fine of $164 and four points on his license) — the consequences for his endorsement career could be significant.

Prior to this incident and these allegations, Woods had maintained a relatively bulletproof public persona — that of a polite and thoroughly wholesome sportsman. Although police made no allegations that Woods had been drinking or otherwise intoxicated at the time of the crash, the golf pro did exhibit signs that could be construed as potentially indicating intoxication, at least according to the metrics used by California Highway Patrol officers. These symptoms of Souther California DUI include:

Disheveled appearance

Bad driving

Obviously impaired motor skills

Slow responses to officer questions

Bloodshot, watery, or unfocused eyes

Disorientation

Many drivers exhibit these DUI-like symptoms independent of their level of alcohol intoxication. For instance, if someone gets physically sick or doesn’t get a lot of sleep, he or she can exhibit many if not all of the above symptoms. And certain medications can even make people smell like alcohol even though they’ve had nary a drop to drink.

All this is to say that defending a Beverly Hills DUI matter can become exceedingly complicated and technical. To that end, if you’ve been arrested for misdemeanor Los Angeles DUI, you may need a veteran attorney to represent you. Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. has been working in the Southern California legal system for over a decade — first as a prosecutor (Deputy District Attorney for Los Angeles) and now as a criminal defense lawyer. Since he’s worked on behalf of both sides, he brings a unique perspective to bear on each and every matter. And his deep understanding of how the prosecution operates often comes in handy when he develops strategic approaches for his clients.

December 2, 2009

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

by Michael Kraut

The AP has reported that Pamela Bach was arrested on charges of DUI in Southern California on Saturday night on the 101 freeway. The police report said that the former Baywatch beauty and (now ex-wife of David Hasselhoff) blew a BAC level of 0.13% or 0.14% — significantly over the state’s legal limit of 0.08%. She was booked at the Van Nuys jail and released after posting a $15,000 bond. Bach confessed to her misjudgment in a public statement: “I am remorseful and mortified. I am going through a really difficult time between David being in the hospital and going through the divorce.” Pamela%20Bach%20DUI.JPG

According to the AP, Bach had been arrested in 2007 for a hit and run — a charge which was later dropped when she reached a settlement with the woman whom she hit. She was also on probation for a DUI in Southern California she received back in August.

As a savvy Van Nuys DUI attorney would tell you, the legal defense for someone charged multiple times with DUI in California can be exponentially complicated. Multiple violations of California Vehicle Code Section 23152(a) and 23152(b) can result in increased penalties.

First-time DUI offenders face serious-enough penalties, including six weeks minimum alcohol school, suspension of driver’s license for a year, 4 hours in police custody, fines, and other assorted penalties. But the punishments get much worse with multiple convictions. Second time offenders can receive a two-year driver’s license suspension, a minimum of 18 months in alcohol school, and a mandatory four-day jail sentence. A third time offender can get a three-year driver’s license suspension, 18 months minimum in DUI school, and a minimum of 120 days in police custody. A four time DUI offender (within 10 years) can get a minimum of 180 days behind bars (just for a misdemeanor DUI) and may have to pay additional fines and penalties.

If you or a friend or loved one has been arrested for Burbank DUI or DUI anywhere else in Southern California, look to the services of a qualified attorney.