Los Angeles DUI Attorney Blog

June 19, 2009

Lead Singer of ’80s Glam Band Busted for Los Angeles DUI

Celebrity gossip website Tmz.com is reporting that Jani Lane, the front man for the big hair band Warrant, was arrested on Wednesday for Los Angeles DUI. According to report, the 45 year-old singer–best known for the ’80s hit song Cherry Pie–careered into a parked car at around 9:30pm in the Woodland Hills area. The fact that Lane may have caused some property damage may complicate his defense against the charge of driving under the influence in Los Angeles.

Fortunately, neither Lane nor anyone else appears to have been injured in the accident. However, a report suggests that Lane had been acting drunkenly after police arrived at the scene, and his post-accident behavior may further complicate his case. A top notch Southern California DUI attorney could investigate whether Lane might be eligible for alternative sentencing options, such as rehab and treatment, instead of jail time and severe fines. Jani%20Lane%20DUI.jpg

As of this posting, Lane remains behind bars at the Van Nuys Division of The Los Angeles Police department pending a $30,000 bail. According to California Vehicle Code section 23152 (a), driving a motor vehicle while “under the influence” of alcohol and/or drugs constitutes a state crime that can be punishable by:

• Jail sentence
• Substantial fines
• Driver’s license suspension
• Points on your record at the DMV

Alternative or reduced sentences may be available to some defendants, including:

• Community service
• Mandatory drug/alcohol counseling
• Probation
• Smaller fines/less jail time

Fortunately for Lane, reports suggest that he will face a misdemeanor charge–not a felony. This is a ray of good news for the glam metal star, in that felony DUIs carry strict mandatory punishments, including jail time and license suspension, and can be more expensive to defend.

His sentence may also depend on details that have not yet been reported, such as:

• Did Lane submit to a blood, urine, or breathalyzer test?
• Has Lane been arrested previously on charges of driving while intoxicated in Southern California?
• How much property damage did he do, if any?

June 18, 2009

NFL Receiver Pleads Guilty To Vehicular Manslaughter in Case That May Have Implications for Los Angeles DUI Defenses

by Michael Kraut

On June 18th, Donte Stallworth, a star receiver for the NFL’s Cleveland Browns, pled guilty to hitting and killing a pedestrian while driving drunk near Miami’s South Beach. So many celebrities have been arrested for driving under the influence in Southern California and Southern Florida that it’s become something of a cliché. However, the results of this case may be instructive for DUI defendants everywhere.

Facts of the Case
On March 14th, the 28 year-old Stallworth had been celebrating a $4.5 million bonus he had received from the Browns at the Fountain Blue Hotel in Miami’s South Beach. After partying all night, Stallworth got behind the wheel of his black Bentley and drive on a Florida turnpike just as 59 year-old construction worker Mario Reyes was crossing the highway in an attempt to catch a bus. Stallworth saw Reyes crossing but did not react in time to avoid hitting him. Reyes died at the scene. stallworth_donte%20DUI.jpg

Stallworth immediately confessed what happened to the police. According to facts not disputed, Stallworth had beeen driving ten miles over the speed limit and had a blood alcohol level of more than 0.12% — higher than Florida’s cutoff for DUI of 0.08%.

If Stallworth had committed this crime in Southern California, he would have faced mandatory prison time. The crime of DUI resulting in the death of another person can be charged as either DUI with death or great bodily injury, or in rare occasions, murder. California has a unique crime called a Watson Murder. The prosecution only charges the most severe cases with this crime. In a Watson case, usually the Los Angeles or Southern California DUI suspect has had a history of Los Angeles DUI convictions and had been warned in court of the possible result of drinking and driving in which a person is killed while the suspect is driving under the influence. If convicted, the person faces a sentence of 15 years to life.

Stallworth fully cooperated with the investigation and accepted responsibility. As part of his plea bargain with prosecutors, Stallworth agreed to perform 1,000 hours of community service. His driver’s license has been suspended for life, and the NFL has suspended him indefinitely from playing the league. In addition, Stallworth has agreed to pay Reyes’s family an undisclosed amount in compensation for their loss. This arrangement was reportedly reached amicably among all parties.

Stallworth’s case may be instructive for other defendants facing Southern California DUI charges. With the guidance of a veteran Los Angeles DUI attorney, for instance, it may be possible for guilty offenders to mitigate their sentences–particularly when they demonstrate sympathy, compassion, and genuine regret for harms caused to the victims and victim’s families.

In Southern California, a defendant who committed a similar crime would likely be charged with “Gross Vehicular Manslaughter While DUI,” pursuant to CA’s Pen. Code, § 191.5(a). The penalty for this crime can be as severe as a jail sentence of up to 10 years per person killed.

To prove this charge against you, a prosecutor would have to show that:

1. You drove while intoxicated (on drugs and/or alcohol) with a BAC of 0.08% or more.
2. While driving DUI, you committed an unlawful driving act, such as running a red light or disobeying a posted speed limit.
3. Your unlawful driving act was such that it could cause what the state would deem “death with gross negligence.”
4. Your gross negligence led to someone else’s death.

June 12, 2009

Brad Pitt Rips Mel Gibson for his 2006 Los Angeles DUI

by Michael Kraut

In July 2006, actor Mel Gibson was arrested for a Los Angeles DUI. His subsequent rant at a Malibu police station sparked outrage from many quarters due to its sexist, anti-Semitic, and generally ridiculous nature. On Saturday, May 30th, actor Brad Pitt revived those bad memories for Gibson at Spike TV’s Guys Choice Awards, while accepting a “Guys Hall of Fame” award for his 1999 movie, Fight Club. Had Gibson hired a top notch Los Angeles DUI defense attorney, he might not have been convicted of his Southern California driving under the influence charge.

As Pitt received his award from Gibson, he grinned at his counterpart and said “thanks, sugar t**s!” — a clear reference to a widely publicized sexist remark Gibson made to a female sergeant at the Malibu police station, where he was remanded following his drunk driving escapade. Mel%20Gibson%20DUI.jpeg

Slip of the Tongue?

For weeks following Gibson’s rant, his “sugar t**s” remark served as fodder for blogs and talk shows. On top of the actor’s harassing comments, he also allegedly made drunken remarks claiming that Jews had been responsible for all the world’s major wars. The anti-Semitic comment earned him ire from Jewish groups like the Anti-Defamation League. At the time, speculation abounded about whether Gibson’s drunkenness could have explained his paranoid comments about Jews and saucy remarks to the sergeant.

While research has shown that people arrested for drunk driving in Southern California can behave abnormally and defensively; behavioral psychologists have disputed Gibson’s defense that his perverse comments were “caused” by alcohol alone.

In any event, Pitt’s playful decision to reopen the can of worms that was Gibson’s Southern California DUI may or may not have sat well with the actor/director responsible for films like Braveheart, The Passion of the Christ, and Apocalypto. But it certainly entertained the Spike crowd and kept the tabloids busy.

The more serious lesson here is that getting arrested for driving under the influence in Los Angeles can lead to long-term problems, particularly if the defendant does not handle himself or herself with grace and care.

June 11, 2009

Celebrity Charged with Los Angeles DUI — B-List Actress Lori Petty Arrested on Felony Count

by Michael Kraut

Lori Petty, an actress best known for her roles opposite Keanu Reaves in “Point Break” and opposite Tom Hanks in “A League of Their Own,” was arrested for felony Los Angeles DUI on Saturday, after she plowed into a 14-year-old skateboarder in Venice Beach. Hitting a pedestrian while driving under the influence in Los Angeles automatically constitutes a felony charge.

According to an AP report, Petty had been zipping through the nearly empty streets of the beach town, when she sideswiped the boarder. The police arrested Petty at around 9:30 p.m. and took her into custody at a Van Nuys jail. Petty spent five hours at the station before securing her release with a hefty bail of $100,000. Lori%20Petty%20DUI.jpeg

For someone in Petty’s position, hiring a top notch Southern California DUI attorney could prove crucial. Without a great defense, she could face severe penalties, even prison time.

When news of Petty’s arrest first broke, celebrity gossip sites buzzed with reports that the incident had been more serious than it turned out to be. The young skateboarder was treated at the scene for minor cuts and bruises; Petty escaped physically unharmed.

According to a Los Angeles police spokesman, Petty was not carrying proof of insurance in her car. It’s unclear whether the accident caused any property damage. It’s also unclear whether Petty was, indeed, legally intoxicated at the time of her arrest: her toxicology reports have not yet been released to the public.

This Southern California DUI arrest could not have come at a less opportune time for the 45-year-old actress, who, after starring in several major films in the 1990s, had been mounting something of a career revival by making guest appearances on TV dramas like House and Prison Break.

A felony Los Angeles DUI charge can be quite serious. If convicted, a defendant can face significant jail time, steep fines, driver’s license suspension, and other punishments. To make your best defense, you must anticipate the prosecution’s charges and prepare accordingly.