Los Angeles DUI Attorney Blog

July 20, 2009

A-List Chef’s Arrest May Influence Southern California and Los Angeles DUI Cases

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.

July 16, 2009

Howard Stern Cohost Arrested after Car Accident — Incident May Hold Implications for Others Arrested for Driving Under the Influence in Los Angeles

by Michael Kraut

Howard Stern’s cohost and fellow comedian, Artie Lange, was pulled over for DUI in New Jersey on July 10, 2009, reports TMZ.com. Even though the incident took place in New Jersey, the arrest quickly garnered national attention and lit up blogs devoted to Los Angeles DUI arrests.

According to TMZ.com, the overweight, affable and candid comic found himself in hot water after he got into a minor car accident in Toms River, New Jersey. No one was seriously hurt when Lange’s 2009 Nissan Sentra plowed into the victim’s 2004 Pontiac. Nevertheless, police booked Lange with charges of careless driving and driving under the influence. The comedian — who’s known for his confessional, humorous digressions about his addiction and weight problems — recently published a New York Times best-selling book, “Too Fat to Fish.”

If a Southern California DUI attorney had been advising Lange, he no doubt would have emphasized to the press that — despite the comedian’s history of substance abuse — it may be premature to judge whether or not the defendant was DUI at the time of his arrest. Some symptoms that police officers look for when investigating reports of driving under the influence in Los Angeles and elsewhere include:

Stumbling and lack of coordination

Failure to respond to questioning (or slow or incoherent responses)

Odor of alcohol

Ineffective motor skills

Reckless or negligent driving

Disheveled appearance

Slurred or fragmented speech

Bloodshot or teared-up eyes

Just because a suspect exhibits one or even all of these symptoms, however, doesn’t necessarily mean that he or she should be arrested for DUI in Los Angeles. Medications, medical conditions (such as type 2 diabetes), equipment failures and human biases can all lead to false arrests. This is not to say that Artie Lange is or is not guilty of the charges pending against him. However, if you or someone you love has been put in a position where you have to defend against similar charges, your Southern California DUI defense attorney may be able to challenge the charges on several different grounds, particularly if he has had experience prosecuting cases as well.

July 13, 2009

Cuban Rapper Pitbull Found “Not Guilty” in Case That Should Also Be Used In Non-Celebrity Southern California DUI Cases

by Michael Kraut

On Thursday, July 9, Cuban superstar rapper Pitbull (also known as Armando Perez) was found not guilty of driving under the influence in a decision that has frustrated some non-celebrity Los Angeles DUI defendants, who’ve contended that the famous Cuban rapper (who’s most renowned stateside for the hit song, “Mr. 305”) got off the hook just because he’s wealthy and well-known.

Perez employed a DUI defense attorney to make his case. By employing a top notch DUI defense attorney, he was able to use the law and the facts to his benefit. These tactics are used by many celebrity Southern California DUI attorneys utilize. According to reports, Perez had been driving well over 90 mph on the Palmetto Expressway in a Mercedes, when he zipped past a police officer, who pulled over the rapper for traveling in excess of 40 miles over the speed limit. According to law enforcement testimony, Perez failed a Breathalyzer test, smelled strongly of alcohol, and punted every single field sobriety test administered. Nevertheless, the jury bought the defense’s argument that Pitbull had in fact been targeted for arrest simply because he was a celebrity. The jury reached its decision after just three hours of deliberation.

Before arresting subject suspects for California DUI, officers can administer what are known as field sobriety tests. These ad hoc examinations help officers ascertain whether suspects are under the influence or not. They can include:

Walk the line test — the driver is asked to walk in a straight line. If he or she cannot, the officer may suspect that drug or alcohol use has impaired coordination.

Rhomberg test — suspect is asked to tilt his or her head backwards and count up to 30. The theory is that inebriated drivers will tip over or lose their balance.

Finger to the nose test — a suspect is asked to close his or her eyes and touch a finger to his or her nose. Suspects with high BAC levels theoretically will not perform this test as well as sober individuals.

Horizontal gaze test — a suspect is asked to follow a bouncing visual stimulus, such as a light or a finger. Theoretically, intoxicated individuals will show decreased eye coordination.

Stand on one leg test — the suspect is asked to stand on one leg for 30 seconds. The theory is that, individuals over the legal limit will lose their balance easier than will sober individuals.

Field sobriety tests and other exams that officers use to ascertain whether someone’s been driving under the influence in Southern California can be subject to a myriad errors, misinterpretations, and biases. That’s why it’s so important for anyone pulled over for a Los Angeles DUI — celebrity or not — to connect ASAP with effective, experienced, and reputable legal counsel.

July 10, 2009

Media Coverage of Celebrity Los Angeles DUI Cases May Not Be Effective Deterrent, a Study Suggests

by Michael Kraut

A study published in the May 2009 issue of the journal Alcohol and Alcoholism suggests that excessive media play for celebrity cases of driving under the influence in Los Angeles may be dulling viewers to the seriousness of drug and alcohol related driving dangers. Researchers cited coverage of the Los Angeles DUI process as it relates to celebrities like Nicole Richie, Lindsay Lohan, and Paris Hilton. According to a statistical meta-analysis, among celebrity DUI stories published in The New York Times and People Magazine, fewer than 4% of stories referenced injuries (or potential injuries) caused by the reckless behavior.

The Baltimore-based study, a joint venture between Johns Hopkins University and The Bloomberg School of Public Health, suggests that Southern California DUI matters can provide teachable movements for the populous.

One idea that some experts have discussed is to provide knowledgeable Southern California DUI defense attorneys more air time to discuss the ramifications of making bad choices behind the wheel. In may cases, former prosecutors who now practice Los Angeles DUI law know the process from both side, prosecution and defense. If the public begins to view these celebrity cases as more than tabloid fodder, perhaps more people will adopt better considered habits on the road.

According to California Vehicle Code section 23153(b), a person who drives a motor vehicle with a blood alcohol concentration of 0.08% or more and who subsequently hurts another person while driving can be charged with a felony. If convicted, the offender can lose his or her right to vote, serve prison time, pay substantial fines, and face other penalties. California Vehicle Code section 23153(a) elevates a standard misdemeanor DUI to a felony DUI in the event that the driver causes an injury to another human being.

Given the sobering punishments that convicted offenders can face, if you or someone you know has been charged, now is the right time to connect with a knowledgeable, effective, and well-respected Southern California DUI defense attorney.

July 7, 2009

Actress Lindsay Lohan Back in the News for Alcohol Related Reasons – But Fortunately Not another Los Angeles DUI

by Michael Kraut

A-list actress Lindsay Lohan, star of movies like Mean Girls and Freaky Friday, is back in the public spotlight over allegations of alcohol abuse. Her high-profile Southern California DUI in 2007 electrified tabloids and bloggers alike and led to speculation that Lohan had serious and perhaps even uncontrollable drinking problems.

Dr. Drew Pinsky, host of Celebrity Rehab with Dr. Drew, recently weighed in on Lohan’s alcoholic proclivities, suggesting that the actress would not come clean until she receives “a nearly mortal wound of some type.” Lohan responded with an angry public twitter message, in which she accused Dr. Drew of not being a “real” doctor. Meanwhile, a UK celebrity tabloid reported that Lohan had been spotted recently at a British club drinking, muttering to herself and generally acting like she was “in the middle of a complete breakdown.”

With the help of a Southern California DUI defense attorney, Lohan managed to avoid severe punishment for her 2007 Los Angeles DUI charges. But individuals caught driving under the influence in Southern California multiple times can face serious penalties.

Second time DUI offenders:

Typically charged with a misdemeanor
Minimum jail time between four and ten days
Must attend alcohol school for a minimum of 18 months
Can have their drivers’ license suspended for up to two years
Third time DUI offenders:

Minimum of 120 days in jail
Much steeper fines
Longer time in DUI alcohol school
Drivers’ license suspension with no chance of a temporary restricted license for school or work

Forth time DUI offenders:

Can face up to three years in prison
Additional increases in fines and driver’s license suspensions

Given how severe the punishment for a Los Angeles DUI can get for recidivists, offenders are well advised to connect quickly with a client-focused, effective Southern California defense attorney. An active legal strategy can minimize your penalties and maximize your chances of effectively recovering from your alcohol problems.

July 4, 2009

Celebrity Motorcycle Builder Billy Lane Accepts Plea Bargain in A Case That Could Have Ramifications for Others Charged with Southern California DUI

by Michael Kraut

Billy Lane, star of the Discovery Channel reality show Monster Garage, has entered a plea bargain arrangement pursuant to a Labor Day 2006 accident that resulted in the death of a fellow motorist. The incident took place in Melbourne Beach, Florida, on State Road A1a on September 4, 2006. Lane careered his Dodge pickup truck into a Yamaha bike driven by victim Gerald Morelock, who died at the scene.

As many Southern California DUI defense attorneys may have done, Lane’s lawyer advised his client to accept a plea bargain arrangement with prosecutors to serve nine years in exchange for dropping the charge of DUI manslaughter. Lane now will plead guilty to vehicular homicide. This is a more favorable charge because it does not include a reference to the alcohol element. The reality TV star faces sentencing on August 14.

Cases similar to Lane’s in Los Angles would likely be governed by California’s Vehicle Manslaughter Law, which allows prosecutors to charge offenders in many different ways. Perhaps the most serious is the charge of gross vehicular manslaughter while intoxicated, which is defined according to California Penal Code 191.5(a). For a prosecutor to prove this charge, he or she must show that the offender had acted in a reckless way that created an inordinately high risk of serious bodily injury or death to others. Furthermore, a reasonable person in a similar situation would have realized that the recklessness would have constituted such a risk.

July 1, 2009

NBA Legend Barkley Adhering to Terms of Probation Set after January 1st DUI near Los Angeles

by Michael Kraut

NBA legend Charles Barkley, 45, was arrested for driving under the influence of alcohol near Southern California (technically, Scottsdale, AZ) on the morning of December 31st, 2008, after he zoomed through a stop sign. Barkley allegedly told the officer who stopped him that he was in a hurry to rendezvous with a woman who had promised him oral sex. The 45-year-old NBA super legend, TNT announcer, and golf aficionado refused a breathalyzer test at the scene and was subsequently arrested. He later plead guilty to the charges and spent three days in jail. He also agreed to spend time in an alcohol treatment program and to pay a mandated fine of $2000. Barkley%20DUI.jpg
Driving under the influence in southern California and southern Arizona carries significant penalties, and offenders are usually advised to retain a veteran DUI attorney. In a May 2009 interview, Barkley expressed regret for his DUI. He also publicly admitted to driving under the influence of alcohol hundreds of times since he began playing in the NBA back in 1984.

The breathalyzer test that Barkley refused can be easily confounded, research shows. A Los Angeles DUI attorney might attack the results of a similar breathalyzer test according to a number of angles, including:
* Breathalyzers do not discriminate between men and women; since men and women process alcohol at vastly different rates, the results can thus easily get skewed.
* Most breathalyzers don’t distinguish between ethanol (the active compound in drinkable alcohol) and other chemicals that could be in someone’s system.
* Tests show wide variability in determining BACs for diabetics and others with metabolic disorders.
* Tests can falter due to poor instrument care, incorrect test administration, inaccurate calibration, bad readings, and police officer bias.

June 29, 2009

New York Yankees Pitcher Arrested For Driving Under the Influence May Hold Implications for Southern California DUI Offenders

by Michael Kraut

On April 2nd, New York Yankees pitcher Joba Chamberlin was arrested in Lincoln, Nebraska for driving under the influence. Chamberlin took a breathalyzer test, which showed that his BAC was 0.134 — nearly twice Nebraska’s 0.08% limit. Had the 23-year old pitching phenom been arrested for a Southern California DUI with the same BAC, he could face significant and consequential charges, such as license suspension, fines, probation, and jail time. Had a Southern California DUI defense attorney been advising Chamberlin, he likely would have urged the Yankee pitcher to have behaved slightly differently during the arrest.

Facts of the Case:

In October 2008, Joba Chamberlin was driving a BMW on a Lincoln Highway at around 1 a.m. when a Nebraska Trooper pulled him over for erratic driving behavior. The trooper noticed that Chamberlin had a large bottle of Crown Royal Whisky in the front seat. Chamberlin admitted to the officer that he had been drinking significantly and he even admitted point blank to driving under the influence. Although, it was wise on Chamberlin’s part to behave courteously, his preemptive admission of guilt likely tied up his potential defense options.

The breathalyzer test, also know as the Preliminary Alcohol Screening (PAS) test, is not mandatory for most drivers accused of a Los Angeles DUI. Indeed, refusing to take this Los Angels Preliminary Alcohol Screening test will not result in your driver’s license being suspended instantly, even if an arresting officer tells you otherwise. The point of the PAS is to establish what’s known as probable cause to place you under arrest for a Southern California DUI.

To avoid making errors when proceeding with your DUI defense, seek out a Southern California DUI defense attorney ASAP to review your options and plan a strategy to combat the charges.

June 25, 2009

Los Angeles Felony DUIs are on the Increase

by Michael Kraut

Los Angeles Felony DUI and Southern California felony driving under the influence cases have increased recently. Prosecutors can file felony charges on a DUI charge if the a person is driving under the influence of alcohol or drugs, or has a blood alcohol level of .08 or higher, and a person, other then the driver, is injured in an accident. If the prosecution is going to file the charge then it would be under California Vehicle Code section 23153. In California, the if the person is simply driving under the influence, then the person must also violate some traffic law or have an accident. If a person has been arrested for a Los Angeles DUI, then it is best to immediately hire a pre-filing Los Angeles DUI defense attorney that can meet with the police or the prosecutor to see if facts can be brought to light to convince the prosecution not to file a felony.

Another way for the prosecution to charge a felony is if the driver has a bad record of driving under the influence. A conviction of three or more DUIs in a ten year period allows for the next DUI to be charged as a felony.

Lastly, the prosecution may charge a person with a felony DUI in Southern California if the person has previously been convicted of a felony DUI. Then, any subsequent DUI will be charged as a felony.

June 23, 2009

Country Singer Arrested for Multiple DUIs, is Los Angeles Bound

by Michael Kraut

Mindy McCready, a country music singer and former lover of pitching legend Roger Clemens, is on her way to Los Angeles, following multiple DUI arrests in other states, to join the cast of Dr. Drew’s Celebrity Rehab. Other cast members will include basketball star Dennis Rodman, actress Heidi Fleiss, and an array of other celebrities, some of whom have been arrested for driving under the influence in Southern California.
McCready’s troubles started in 2004, after she was arrested for illegally purchasing prescription drugs. One year later, in May 2005, she violated her parole arrangement and got pulled over for DUI. In July 2005, she was arrested yet again, this time in Arizona for identity theft, illegal use of transportation, and other charges. McCready’s serial violations of parole and ongoing troubles with DUI have created headaches — both legal and career-related — for the country music phenom. After being represented by a DUI defense attorney, McCready was recently released early from jail in October 2008 due to good behavior. She’s hoping that Dr. Drew’s Celebrity Rehab will introduce her to tools to avoid future charges for DUI in Los Angeles and elsewhere.

Pursuant to California Vehicle Section 23152(b), drivers who collect three Los Angeles DUIs within a ten-year period can be charged with a felony count, regardless of whether each individual deal would ordinarily have constituted a misdemeanor. Felony DUI charges can result in jail time, serious fines, license suspension, and an array of long-term problems. Convicted felons in California also lose the right to vote; and having a criminal record can make it harder to find employment, secure housing, get insurance, and take out loans.