Los Angeles DUI Attorney Blog

People Magazine’s website has reported that Mischa Barton, a breakout star from the O.C. and a lead on The CW’s new show, The Beautiful Life, has been officially released from Cedar-Sinai Hospital following a week long stay for as yet unknown medical issues and psychiatric problems. The A-list TV actress had been arrested for a Los Angeles DUI in 2008 and convicted of a misdemeanor for which she received three years of probation.

At the time of Barton’s arrest last year, fans and industry insiders alike worried whether she could overcome her issues and keep her career on track. Barton surprised the naysayers by demonstrating a string of fine performances in her new CW soap. And the show’s EP, Ashton Kutcher, reassured a nervous network that “Mischa Barton is going great.” However, other sources reportedly close to the actress have expressed concern that Barton may still be struggling with extensive substance abuse problems.

It may behoove the starlet to consult a Los Angeles DUI defense attorney before her alleged problems lead her down the path of recividism. Individuals arrested multiple times for driving under the influence in Southern California can be subjected to an array of painful, long term penalties. For instance:

• Second time offenders – if convicted of two Los AngelesDUIs within a ten year period, you will face a mandatory minimum of four days in jail, 18 months in alcohol school, and significant court costs and fines. In addition, the court may suspend your driver’s license for up to two years and impose other penalties, such as ordering that you install an interlock device in your car.

• Third time offenders – if convicted of two misdemeanor Pasadena DUIs within a ten year period, you’ll be sentenced to a minimum of 120 days in custody, and your license could be suspended for up to three years. In addition, you’ll likely face stiffer fines and court costs, stricter probation terms, and other penalties.

• Fourth time offenders – if you’re convicted for four California DUIs within a span of just ten years, you’ll be sentenced to 180 days in jail… that is, if the court rules your charge a misdemeanor. A felony fourth time Los Angeles DUI can land you a prison sentence of up to three years – even if you didn’t injure anyone or cause damage to property. In addition, you’ll suffer a driver’s license suspension of four years and an array of increased fines and penalties.

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Roderick George Toombs, better known as the WWF’s “Rowdy” Roddy Piper, got hit hard with a charge of driving under the influence in Los Angeles on July 2 in Hollywood. The former archrival of “good guy” Hulk Hogan may face up to half a year of jail as well as significant costs, including an $1,000 fine and court costs, if he’s convicted of the misdemeanor.

In his heyday, Piper was a national celebrity. To date, he has continued to promote professional wrestling performances. He actually jumped into the ring in late April to do battle with other old time legends, such as “Nature Boy” Ric Flair and Jimmy “Super Fly” Snuka. Piper typically enters the ring to the tune of bagpipes and often plays off the stereotype of a drunken Scotsman.

The wrestler/actor was released on a $5,000 bail at 8:00 a.m. the morning following his arrest. As of this writing, it is not yet known whether Piper has procured the services of a Los Angeles DUI defense attorney.

Given how severe the punishment for a Los Angeles DUI can be, it’s important to understand what specifically police officers look for when they pull over suspects. Here are some common symptoms of DUI that police note in their arrest reports:

• Nonsense speech or incoherent mumbling
• Bloodshot eyes
• Reckless, wild, or negligent driving
• Inability to balance
• Poor pupil control
• Smell of alcohol on the person
• General fumbling and stumbling
• Disheveled appearance
• Inappropriate reactions to officer’s questions (e.g. giddiness/laughter)
• Incomprehensible or illogical explanation of driving behavior or of the evening’s events

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Nathan Mathers (a.k.a. Nathan Kane), the 23 year-old younger brother of hip-hop superstar Eminem, pled guilty on July 23 to driving under the influence in April. This will be Mathers’ second DUI conviction, and he could face a whole year in jail, $1,000 in fines, and a forced license suspension of up to a year – a punishment similar to the penalties a second offense Los Angeles DUI might merit.

According to reports, Nathan Mathers had been tooling around the suburbs of Macomb (near metro Detroit) when an ambulance pulled up behind him and flashed its lights and blared its sirens. Mathers did not pull over to let the ambulance by; the police subsequently arrested him. Mathers’ BAC level was reported to be 0.17% – more than double the legal limit for Southern California DUI and Michigan DUI. He also allegedly failed roadside sobriety tests.

It’s unclear from the reports how precisely the Michigan police ascertained Mathers’ BAC level. As a Los Angeles DUI defense attorney might tell you, one of the most common ways to do this is to use what’s known as a Preliminary Alcohol Screening test (PAS), which in most cases is a simple breathalyzer exam. The way this works is that DUI suspects are asked to blow into a device, which then estimates BAC based on the alcohol content of the breath.

A Los Angeles Preliminary Alcohol Screening test is not required for all DUI suspects. Notwithstanding what police at the scene may tell you, if you refuse to take such a test, your license will not be immediately suspended (unless you are under 21 or on probation for a Los Angeles DUI, in which case, the police can immediately suspend your license.) PAS test results can be compromised in myriad ways. For instance, the more deeply you breathe into a breathalyzer, the higher your BAC reading will likely be. You can thus easily blow a false positive, even if your actual BAC is well below the legal limit.

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Actor Shia LaBeouf, the star of the Transformers films is still on probation for his 2008 Los Angeles DUI arrest. The 23 year-old actor has is now dealing with the ordinary transportation problems that everyday people have when they have been arrested for a southern California DUI or for driving under the influence in Los Angeles. As recent paparazzi photos of LaBeouf walking away from his gym without the benefit of a car because he cannot legally drive due to a court-enforced probation.

It was almost a year ago the LaBeouf got arrested for Southern California DUI after he flipped hisFord pickup truck into oncoming traffic and struck another car. LaBeouf was injured in the accident as was his female passenger. The woman who was driving the other car the the actor hit also sustained minor injuries. LaBeouf was only convicted of a misdemeanor charge of 23152(a) of the California Vehicle Code.

After all, as an experienced Southern California DUI defense attorney might explain, according to California Vehicle Codes § 23152 (a) and 23153 (b), individuals who injure others while driving with a BAC of 0.08% or above can be charged with a felony. In fact, had any of LaBeouf’s victims suffered “great bodily injury,” the actor could have faced three years in prison or more depending on the severity of the injury.

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Russell Rhodes, a 50 year-old anchor for WTVT Channel 13 in Tampa, has pled no contest to a misdemeanor charge stemming from a January 16, 2009 DUI arrest. Although Rhodes was not charged with a Southern California DUI (in fact, his arrest occurred in Southern Florida), his ordeal caught the attention of many legal watchers here in Los Angeles.
According to reports, a deputy stopped the TV host in a parking garage out of suspicion that Rhodes was driving under the influence. Rhodes fled from the officer on foot. The officer pursued and, in an attempt to detain his suspect, tackled the TV host to the ground, causing bruising and facial bleeding (evident in the attached mug shot).
Had a skillful Southern California DUI defense attorney been handling his case, Rhodes might have been able to get all charges against him excused and even take legal action against the deputy who hit him. That said, Rhodes’ sentence of 50 hours of community service and half-a-year of probation is relatively mild compared to punishment for a Los Angeles DUI, which can include a battery of unpleasant penalties.

Even for a first time misdemeanor, a suspect may have to pay a fine of $1,000, endure a driver’s license suspension of a year (with no restricted license privileges), and face a minimum of 48 hours in police custody and a maximum of half-a-year in jail. In addition, first time offenders can also face probation, steep court costs, and mandatory time in Los Angeles DUI alcohol school. Multiple offenders face increased minimum mandatory jail time as well as longer license suspensions, steeper fines, higher court costs, stricter probations, and other penalties.

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Today, actor Thomas Jane is the toast of Hollywood. The star of the HBO surprise hit “Hung” has found himself gracing the covers of celebrity magazines and leveraging his newfound success to score feature roles. However, Jane’s March 2008 Southern California DUI arrest continues to haunt both him and his publicist.

Salacious Arrest Details

The California Highway Patrol arrested Jane more than 16 months ago for zipping down a California freeway at “an extremely high rate of speed” while driving on a suspended license — while in a Maserati, no less. Jane failed roadside sobriety tests and was subsequently arrested at the scene. His seemingly cliché celebrity Southern California DUI drew an inordinate amount of media attention at the time, perhaps because of Jane’s publicly rocky marital battles with actress Patricia Arquette.

Perhaps Jane would have taken his Maserati down a gear had a Los Angeles DUI defense attorney explained the kinds of punishment for Southern California DUI that first time offenders can face. The California court can impose a mandatory sentence of two full days in custody (with a maximum of up to half-a-year in jail). The maximum fine for first time DUI is $1,000 — probably not much for someone who can afford to drive a Maserati. However, the Court can impose additional costs that can really add up in some cases. In addition, your driver’s license can be suspended for a whole year — with zero restricted license privileges. First-timers also must attend DUI alcohol school for a month and a half and serve probation. In certain cases, convicts may have to install interlock devices in their cars.

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TV star Jeffrey Donovan (lead of “Burn Notice” on the USA Network) was arrested on July 12 for suspicion of driving under the influence. Since the incident took place in Miami Beach, Florida, it can’t technically be classified as a celebrity Los Angeles DUI. However, the case has sent the blogs into a frenzy and captured the attention of the national media, in part due to Donovan’s eccentric reaction to the arrest.

According to reports, the 41-year-old actor was tooling around in his 2009 Audi when he nearly rear-ended a local police car. Unsurprisingly, the cops pulled Donovan over and questioned him about his reckless driving. According to People Magazine, upon being questioned, Donovan admitted that he had drunk three glasses of wine and had taken over-the-counter Benadryl. He pleaded that he was only “borderline” but then proceeded to fail a roadside sobriety test. The police arrested him on the scene and later released him on $1,000 bail a few hours later. At this moment, it remains unclear how, if at all, Donovan’s arrest will impact the filming of Burn Notice.

Had Donovan consulted a qualified Southern California DUI defense attorney prior to speaking with the police, perhaps he would have avoided his embarrassing half-admission of guilt. Often, individuals pulled over for and elsewhere make the mistake of “over-cooperating” with law enforcement, thus blunting their chances for a good defense.

What are some common field sobriety tests used to determine whether someone has been driving under the influence in Southern California?

Once you are stopped by the police for your Los Angeles DUI, the police will begin to administer field sobriety tests. These test include the following:

One Leg Test — a driver is asked to balance on one foot for half a minute. If he or she falls over, this generally counts as a failure.

Horizontal Nystagmus Test — an ad hoc eye examination designed to test pupil reaction times.

Rhomberg Test — similar to the One Leg Test, this is a half-minute exercise. The driver is asked to tilt his head backwards. If he loses his balance, he fails.

Finger to the Nose Test — The driver must close her eyes and touch her nose with her finger. Theoretically, intoxicated drivers are less likely to “find” their noses.

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On July 9, one of Florida’s most celebrated chefs got pulled over under suspicion for DUI after patronizing a local strip club. The arrest of Tim Creehan has gotten the attention of defendants across the country, including many individuals charged with Los Angeles DUI.

According to a report put out by the Destin Log, Mr. Creehan had been carousing at a local strip joint named Sammy’s prior to his arrest. A patron noted that the chef had been drinking to excess and alerted the police, who pursued Mr. Creehan to the Destin Bridge. An Okaloosa County Sheriff’s Deputy observed him weaving in and out of lanes, crossing the center divider, and nearly driving off the road near the Pelican Beach Resort.

Had a competent Southern California DUI defense attorney been on hand to advise Mr. Creehan, chances are that he or she would have counseled the chef to behave differently than he did. After being pulled over, Mr. Creehan immediately blurted out “Sir, I’m drunk,” according to reports. He then promptly failed field sobriety tests and refused to take a breathalyzer, after which he was arrested and transferred to Shallmar Courthouse. A plea arrangement has been scheduled for August 4.

The roadside breathalyzer test is by far the most common Los Angeles preliminary alcohol screening test. A suspect is asked to blow into a device, which records an estimate of blood-alcohol concentration (BAC) based on the chemical composition of the breath. If you have a BAC of above .08%, you can be arrested for driving under the influence in Southern California. Problems with breathalyzer tests abound, however. They can yield false positives. Even accurate readings can be misinterpreted. Equipment malfunctions, officer bias, and other factors can also skew BAC readings.

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