Celebrity DUI Arrests

October 20, 2010

Southern California DUI Pundits Weigh-in on University of Idaho Receiver’s Arrest

Last week, Maurice Shaw got pulled over for DUI in Moscow, Idaho, prompting Los Angeles DUI pundits to debate what appears to be an epidemic of sports-related DUI incidences in 2010. Whether you have been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena, you might find Shaw’s tale educational – and helpful as you prepare to meet your charges with an accurate defense.

Not the first DUI for the Idaho football squad in 2010
Last Saturday, Maurice Shaw — a key receiver for the University of Idaho (200 yards and 14 catches to date this year) — got pulled over by the Washington State University police under suspicion of driving under the influence. The officers put him through a field sobriety test (FST) on Stadium Way. Allegedly, he failed.

Shaw is not the only Idaho player who has gotten in trouble for DUI in 2010. Back in August, Taylor Elmo, a tight end, also got arrested for driving under the influence.

Now, obviously, these are college sports stars – and maybe you’ve never heard their names. But their arrests highlight a serious problem in athletic communities — not just at our nation’s colleges but also in professional sports clubs.

This Southern California DUI blog has covered numerous arrests over the past months of famous sports figures – including owners and managers. Without excellent data, it’s impossible to tell whether these arrests and charges do constitute some kind of trend – and if so, what might be driving the trend and what might control it. But anyone who wants to solve the problem of Los Angeles DUI might want to take a closer look at these stories — and the statistics behind them.

In more practical terms, since Shaw failed his field sobriety tests, you might be wondering: what exactly are field sobriety tests, and how accurate are they? Here are some examples of FSTs:

Horizontal Gaze Nystagmus Test

This eye exam is typically the first test given when a Los Angeles DUI stop is made. The officer will ask you to follow an object (such as a light), and he will measure your pupil reaction time.

Walk the Line Test

This measure examines your balance. You will be asked to step a number of paces in a straight line. If you step off the line, this could indicate that you are DUI in Southern California.

One Leg Stand Test

Another balance test. You will be asked to stand on one leg and hold the position for half a minute. Again, if you lose your balance, this could indicate a problem.

Rhomberg Test

This test involves the driver tipping his (or her) head back and counting to 30. If the driver stumbles or falls, this could indicate DUI.

Finger to the Nose Test

The driver extends his (or her) arms out to the side and then attempts to touch his (or her) nose while closing his/her eyes.

On top of these balance and coordination tests, you might also be asked to demonstrate your mental facilities by doing things like reciting the alphabet backwards.

If you fail field sobriety tests, that doesn’t necessarily mean that you are actually DUI. Indeed, many factors can skew the results of the tests, including your own nervousness, fatigue, illness or lack of natural coordination and balance.

October 18, 2010

Celebrity Los Angeles DUI Bloggers Weigh-in on Vince Neil’s Not Guilty Plea

by Michael Kraut

Motley Crue frontman, Vince Neil, got arrested in Las Vegas in June for driving under the influence. His blood alcohol concentration tested at over 0.21% – nearly 3 times the legal limit for Southern California DUI. Ever since, celebrity gossip sites have been wondering how Neil would plead to the charges. Well… the results are in.

Last Tuesday, Neil pled “not guilty” to his misdemeanor DUI charge – along with speeding charges pursuant to his June 28th arrest. If you’ve been recently pulled over for Glendale DUI, Pasadena DUI, Los Angeles DUI, or Burbank DUI, perhaps you might relate to what Neil went through when the police stopped him as he was driving 60 miles per hour in a 45 mile per hour zone. The officers noticed that Neil had an odor of alcohol on his breath, and he failed several field sobriety tests – including the Horizontal Nystagmus Gaze, Walk the Line, and One-Leg Stand tests. The officers removed Neil from his Lamborghini and took him to Clark County jail. Neil secured his release with $2,000 bail. According to news sources, his trial is set for January 6th in Las Vegas.

26 years ago, Neil got convicted of DUI and vehicular manslaughter after he got into a crash that killed a passenger in his car, the drummer for the Finnish band Hanoi Rocks.

So despite being convicted of vehicular manslaughter, Neil only served 15 days in jail out of a 30-day sentence.

As Neil’s case indicates, if you hurt or kill someone while DUI in Los Angeles, your penalties can range widely, depending on many factors. If you were “grossly negligent,” for instance, you may face charges pursuant to Penal Code Section 191.5(A). A conviction could lead to a raft of very serious charges, including a long time in jail. To prove that you were grossly negligent, prosecutors must show that you drove with more than average inattention or carelessness or bad judgment – in other words, you drove in such a reckless fashion that a reasonable person would realize that you were creating a serious risk of hurting someone or killing someone.

There is actually an even more serious charge – DUI murder. This charge carries even stiffer penalties.

Whether you’ve been pulled over for a relatively minor misdemeanor charge or a more serious count, a Los Angeles DUI attorney can provide crucial guidance and strategic support as you work to save your license and reduce your penalties.

October 11, 2010

Celebrity Los Angeles DUI Offenders Beware: Don’t Let What Happened to Damon Evans Happen to You

by Michael Kraut

This blog has covered a spate of Los Angeles DUI and celebrity DUI arrests recently – including arrests of notable sport stars like the Jets’ Braylon Edward. In some celebrity drug/alcohol cases (e.g. Paris Hilton’s recent bust in Vegas for cocaine possession), the defendant escapes without serious consequences. In other cases – e.g. actor Chris Klein’s Los Angeles DUI conviction – the offender serves jail time and can witness a career implosion as a result of the DUI.

Let’s look at an example of the latter – the case of University of Georgia’s Athletic Director Damon Evans, who was arrested on June 30 for DUI in Atlanta, after an officer pulled him over in the town of Buckhead. The officer found that the (married) Evans had been traveling with a 28-year-old woman — Courtney Fuhrmann. According to the officer’s report: “I also noticed that the subject had a red pair of ladies panties between his legs.” Allegedly, Furhmann told the officer “just to let you know, it (the DUI) will be erased because he is the athletic director of UGA and he has that power.”

Ironically, Evans was only minutes away from starting his new contract with UGA. It would have given him $0.5 million a year. He resigned after the arrest, and he is now working in Boston. The point here is that — whether you are a celebrity or not, whether you get pulled over for driving under the influence in Long Beach or Calabasas — the consequences for your family life, your career, and even your freedom can be radical and devastating.

Your problems can multiply if you hurt someone or leave the scene of the accident illegally. A simple misdemeanor can be elevated to a felony, according to California Vehicle Code Sections 23153(a) and 23153(b). Your punishments can include everything from jail time and mandatory restitution to the person or people you hurt to secondary “down the line” consequences of the Long Beach DUI, such as loss of a license or a job, loss of the right to vote, and other long-term professional and personal difficulties stemming from your felony conviction.

A Southern California DUI defense lawyer can help you put up stiff resistance to the charges. Your choice of attorney does matter.

October 4, 2010

More Drama in Lindsay Lohan Los Angeles DUI Saga: Actress Enters Rehab for Fifth Time

by Michael Kraut

24-year-old actress Lindsay Lohan is still suffering a legal hangover from her 2007 Los Angeles DUI conviction. Last Tuesday, the “Freaky Friday” actress entered a live-in drug rehab program — the fifth time she has been admitted to a rehab facility.

As this blog reported last week, Lohan will have to return to court on October 22 to face charges that she failed a court mandated drug test ordered after her recent probation lapse. She was released from jail the Friday before last on $300,000 bail. The actress must wear an alcohol monitoring bracelet and avoid consuming alcohol or other controlled narcotics.

Earlier in the week, superior court judge Elden Fox ordered the actress to jail without possibility of bail. But her attorneys appealed, and a different superior court judge, Patricia Schnegg, agreed to the bail option, since misdemeanor defendants are typically entitled to the bail option.

The ongoing public discussion about Lohan’s Los Angeles DUI may have long-term, interesting ramifications for the policy debate over how best to punish and prevent multiple instances of driving under the influence in Southern California.

The media attention forces people to discuss what might happen if, for instance, someone gets arrested and convicted multiple times for driving under the influence in Burbank.

A first time offender will usually get a misdemeanor charge (unless he or she hurts another person or commits a “hit and run” or does something else that complicates the case). Penalties might include two days in jail, a one year CA license suspension, six weeks of alcohol school, mandatory installation of an IID (interlock ignition device), and court costs and fines.

If you are convicted multiple times of driving under the influence in Burbank, your penalties ratchet up. A second time misdemeanor offender (within 10 years) will get more jail time, longer time in alcohol school, a longer driver’s license suspension, steeper fines and court costs, and stricter probation terms. If you are convicted of three plus DUIs within 10 years, the prosecution may try to ratchet up your charge from a misdemeanor to a felony. Convicted felons face must steeper penalties yet, including permanent loss of things like the right to vote.

So how can you best respond to charge of a Southern California DUI? Believe it or not, your choice of legal representation can have profound ramifications for your sentencing and your ability to keep/win back privileges.

September 29, 2010

Another Coda to Lindsay Lohan’s Los Angeles DUI Story: More Jail Time for a Failed Drug Test

by Michael Kraut

This blog (and practically every other major and minor media outlet) has thoroughly covered Lindsay Lohan’s Los Angeles DUI arrest – and its numerous codas, side stories, and other moving parts. Last week, another bombshell dropped – pursuant to the 24-year-old actress’ failure to pass a court ordered drug test, Lohan will be heading back to jail.

Lohan — who left her latest rehab on August 24th — twittered to her fan base about her current plight and demonstrated some contrition: “I am taking responsibility for my actions and I am prepared to face the consequences.”

Last Friday, she went before Judge Elden Fox of Superior Court. According to a report from the gossip site TMZ.com, Lohan will likely have to go back to jail on October 22nd. Her jail sentence could stretch up to 30 days.

Lohan’s saga – including probation violations, repeated reprimands by the court, etc – is sadly not uncommon among people charged and convicted of driving under the influence in Long Beach (and elsewhere in the Southland).

The more Southern California DUI convictions you get, the more stringent your sentences and penalties will be. A first time offender, for instance, may be hit with a misdemeanor, a one-year driver’s license suspension, 48 hours in jail, a fine of up to a $1,000 (on top of court costs), mandatory alcohol school and more. But if you get convicted for a second or third time for a Long Beach DUI, your jail time, minimum alcohol school requirements, license suspension time, etc will all likely go up – and your probation terms will be far more restrictive.

If you get over three convictions within a 10-year span, you could face a felony charge.

Any Los Angeles DUI charge should be taken seriously – even if no one got hurt, and no property damage was reported. The strength of your legal representation can prove crucial.

September 27, 2010

Braylon Edwards Tagged for DWI – Los Angeles DUI Sports Bloggers Speculate about What’s Next

by Michael Kraut

It only takes a blood alcohol concentration (BAC) level of 0.08% to get a Southern California DUI – New York Jets wide receiver Braylon Edwards got pulled for a BAC of twice that – 0.16% – last Tuesday. And his DWI arrest may have implications not only for his career but also for the Jets’ season… and overall reputation in the NFL.

The scoop on Edwards’ arrest
Last Monday, Edwards attended an event to support a non-profit foundation in Manhattan. Following that reception, Edwards apparently went out and consumed alcohol. And at around 5:15 Tuesday morning, police pulled over his Land Rover on the west side of Manhattan because his SUV had “excessive tinting” on the windows – a vehicle violation. Police tested Edwards and found him to have that high BAC (0.16%). The following day, his attorney essentially acknowledged that the wide receiver had been driving DUI and that the police version of events was accurate.

Both Edwards’ legal and NFL situations may be further complicated by the fact that he had been on probation for assaulting a man outside a Cleveland club in 2009. The wide receiver (who at the time was playing for the Browns) pled no contest to aggravated disorderly conduct (a misdemeanor) and got a fine of $1,000 and probation. If he is convicted of his DUI, he could face serious punishments – including time in jail – for the probation violation. And, as far as his NFL career is concerned, he could be suspended for violating the League’s personal conduct policy. The Jets, meanwhile, may have to call up more talent or even re-sign a wide receiver to make up for Edwards’ potential absence.

Ironically, Edwards had been key to a Jets’ victory over the Patriots the previous Sunday – he caught a touchdown as well as a 2 point conversion in the 28-14 victory.

If – like Braylon Edwards – you drive with a BAC of 0.16%, you can be arrested and charged with DUI in Hollywood. Two key sections of the law stipulate what will happen to you: California Vehicle Code Sections 23152(a) and 23152(b). The second section – 23152(b) — stipulates that driving with a BAC of over 0.08% constitutes a Beverly Hills DUI (or a DUI, wherever).

Typically, your first Los Angeles DUI will be a misdemeanor. But if you collect multiple DUIs within 10 years (3 plus), prosecutors could elevate even a standard charge of driving under the influence in Hollywood up to a felony. A felony is much more serious. It comes with greater penalties, such as longer prison sentences and the permanent loss of certain key rights (e.g. the right to vote).

To analyze how to respond most effectively to a charge of driving under the influence in Los Angeles, you should probably talk to an experienced lawyer.

September 22, 2010

Los Angeles DUI Sports Bloggers Kibitz About Former Colt QBs Latest Arrest

by Michael Kraut

Southern California DUI bloggers who track celebrity and sports star arrests have most recently been captivated by a sad story out of Indianapolis. Blair Kiel, a former QB for the Indianapolis Colts, got caught for driving with a BAC of over 0.17% in Indiana. The 48-year-old ex-NFLer started getting in trouble with the law after he completed an illustrious career, which included starring as the QB for Notre Dame and playing for the Colts and other franchises. This last decade has been particularly rough for Kiel, who has faced charges including violating an order against harassing his ex-wife, violating the terms of a May 2005 probation, domestic battery, resisting police, and public intoxication. His latest charge came at the end of August, when a police officer stopped him on Greenfield Avenue in Noblesville, IN and hit him with multiple charges of driving under the influence.

Obviously, many drivers in the Southland get pulled over for similar recidivist acts of driving under the influence in Burbank (or wherever). But what happens when you get convicted for a second, third, or fourth time for DUI in Southern California? Do the penalties increase? And if so, how do they increase?

Obviously, each case is different. The court will examine things like whether you hurt anyone while driving under the influence in Burbank, how many priors you have, whether you caused property damage, and whether you enter a program of rehab and treatment. That said, the court generally ratchets up its punishments as the number of convictions increase. For instance, while a first conviction may yield a one year drivers license suspension and minimum jail time of 48 hours; a second conviction will net significantly more minimum jail time and a two year mandatory license suspension. Your terms of probation, number of weeks of mandatory alcohol school, court costs and other punishments can be adjusted upwards to increase your punishment for recidivist Burbank DUI behavior.

Given everything that’s at stake for you – including your freedom and financial future – it pays to consult with a top caliber Los Angeles DUI attorney.

September 15, 2010

Actor Chris Klein Serves Jail Sentence for Los Angeles DUI

by Michael Kraut

When 31 year old actor Chris Klein got pulled over for driving under the influence in Los Angeles in June – his second DUI within five years – the tabloids quickly compared him to fellow troubled celeb, Lindsay Lohan. Like his 28 year old colleague, Klein got served a jail sentence for his Southern California DUI. But unlike Ms. Lohan, Klein served his sentence with little drama or complaint. On September 3, the actor showed up in a Van Nuys, California court to plead no contest to his charges, pursuant to his serving out a 96 hour jail sentence and two month rehabilitation. Klein’s punishment is not over. He must also spend 18 months in an alcohol education course, pay significant fines, be on probation for four years, and install an interlock ignition device (IID) in his car, pursuant to new Los Angeles DUI laws that went into effect just a few months ago.

Klein exhibited contrition for his DUI. He told Judge Gelfound: “I apologize for my wrongdoing and I really appreciate that the court gave me the opportunity to prove how seriously I took all of this.”

Klein’s arrest and sentencing is a classic example of how the courts ratchet up their punishments for people who get convicted of driving under the influence in Pasadena (or elsewhere in Southern California) multiple times. Let’s look at some other significant differences:

First time vs. second time Los Angeles DUI conviction:

• Jail time (48 hours mandatory/four to ten days mandatory)
• Alcohol school (six week minimum/18 month minimum)
• California drivers license suspension (one year suspended license/two year suspended license)
• Court costs and fines (maximum fine of $1,000 on top of court costs/fines and court costs significantly increase)

If you are convicted of driving under the influence in Pasadena a third or fourth time within ten years, your punishments will go up and up. A third time offender, for instance, will get a mandatory minimum of 120 days in jail. A fourth time offender will get a minimum of 180 days in jail – and that’s if the DUI is a misdemeanor. If it’s a felony, you can be sentenced to 3 plus years in jail.

To build a coherent defense to charges of Southern California DUI, you should consult with an experienced attorney.

September 13, 2010

Notorious BIG’s Widow, Faith Evans, Arrested for Los Angeles DUI

by Michael Kraut

Faith Evans – singer and widow of hip hop superstar Notorious BIG – got pulled over for driving under the influence in Los Angeles (specifically Marina Del Rey) on September 4. Evans, who is known for songs such as “I Will Be Missing You” and “Way You Move,” got snagged at a DUI checkpoint in Marina Del Rey. Her arrest came just weeks in advance of her first album release in five years – “Something About Faith” – and it’s unclear whether the bad publicity will help or hurt album sales when the release goes live on October 5.

According to celebrity website TMZ, police released Evans on Sunday morning but impounded her car. The 37 year old R&B singer was arrested back in 2004 along with Todd Russaw, her second husband, for cocaine and marijuana possession.

Whether you are pulled over for a Long Beach DUI or driving under the influence in Beverly Hills, police officers will look for certain key “symptoms” of DUI. These can include but they are not necessarily limited to:

• Bad driving
• Smell of alcohol on the person
• Inability to answer officer questions
• Poor coordination or balance
• Slurred or incoherent speech
• Inconsistent stories of where you’ve been
• Bloodshot, watery eyes
• Inappropriate emotion reactions to situation
Of course, these behavioral cues may or may not be useful in determining whether someone was or was not driving under the influence in Long Beach. For instance, a person might get naturally nervous and stuttery around authority figures, or a person may have a naturally ruddy complexion. Or someone might have been out partying (not necessarily drinking) until late at night and thus look exhausted. All this is to say that, if you or someone you care about has been pulled over for Los Angeles DUI, you likely need substantial legal assistance to understand and respond effectively to the charges against you.

September 8, 2010

Will Lindsay Lohan’s Los Angeles DUI Prison Sentence Drive Her Out of Hollywood?

by Michael Kraut

Next to Mel Gibson’s infamous 2006 Southern California DUI arrest (and subsequent anti-Semitic rant), Lindsay Lohan’s 2007 Los Angeles DUI was probably the most talked about celebrity arrest in the past decade. As this blog (and thousands of outlets around the world) reported, Lohan recently served a multi-day jail sentence pursuant to charges that she violated the terms of her DUI probation. Now, after serving jail time and enrolling in a mandatory drug rehabilitation program, Ms. Lohan may abandon her Hollywood career and move back to New York City.

In separate articles, Lindsay’s mother (Dina Lohan) and father (Michael Lohan) have publicly stated that they think/hope that the actress will leave LA and go back to New York so that she can recuperate and permanently stay out of trouble.

Here is a quote from a recent report in People Magazine: “Lindsay Lohan will be leaving Hollywood behind and moving back to New York, her mother says.” According to People, Dina Lohan believes that Superior Court Judge Marsha Ravel played “hardball” with her daughter. Michael Lohan on Access Hollywood affirmed this message. “(Lindsay) needs a clean house to get away from all the people. She can’t go to the same places she used to go to. She can’t do the same things and go out and party at night. She’s got to change her life completely… I would like to see Lindsay step out of Hollywood. I would like to see her get her life back, then decide what she wants to do.”

Of course, media speculation – even speculation voiced by Lohan’s parents – may not amount to much, if anything. But the point we are trying to make is that a Los Angeles DUI conviction can be profoundly life altering. So that’s why it’s important to make sure you put your best defense forward — whether you are charged with driving under the influence in Hollywood or causing an injury DUI in Pasadena.

One way to battle back is to challenge the results of a breathalyzer test. Breath tests are the most common form of roadside testing for Los Angeles DUI. In theory, they should work like a charm. You simply blow into a device, and the device measures the amount of alcohol in your breath. From that number, you calculate your BAC percentage. In practice, however, breathalyzers can be extremely problematic. Diabetics and people on low carbohydrate diets, for instance, may have chemicals on their breath that can cause the breathalyzer to yield a false positive. Men and women process alcohol differently and at different rates, and the breathalyzer cannot discriminate between men and women. Even the depth at which you blow your sample can have ramifications for your reading. If you blow “too deeply,” you can actually potentially cause a false positive: the deeper the breath you blow, the higher the BAC reading will likely be – independent of what your BAC actually is in reality.

All this is to say that, if you face DUI charges, you may be able to challenge your breathalyzer or blood test results.