Celebrity DUI Arrests

May 17, 2010

Warrant Singer Tagged for Second Southern California DUI in a Year

Jani Lane, the 46-year old former front man of the ‘80s glam band Warrant, was arrested for driving under the influence in Southern California last Sunday at 3 in the morning after he plowed his black Infiniti into a parked car. Police who arrived on the scene found the ex-rocker — famous for hits like Cherry Pie, Heaven and Down Boys — in a bad state. Lane allegedly blew more than twice California’s legal limit of 0.08% on a breathalyzer test. According to California Vehicle Code Section 23152(b), driving with a BAC of more than 0.08% is an offense punishable by jail time, among other things.

Ironically, the officer who arrested Lane in Woodland Hills was the same officer who arrested him in 2009. As this blog reported, his July 2009 arrest led to a plea of “no contest,” and Lane was convicted of a misdemeanor DUI. Fortunately, no one was hurt at the scene, but if Lane is convicted of this latest charge, he will obviously be in violation of his probation.

If you are arrested for multiple charges of DUI in Burbank or DUI in Glendale, what punishments should you expect above and beyond those “typical” for a first misdemeanor DUI?

Obviously, penalties depend upon the context of the arrest and whether complicating factors exist. For instance, did you injure somebody in either of your Los Angeles DUI arrests? If so, you could be charged instantly with a felony. This would lead to penalties such as substantial jail time and steep fines. Plus, a felony charge can make it difficult for you to find employment and impossible to vote in elections. But even if both Burbank DUI convictions were not complicated by any other factors, your penalties can still go up significantly.

For instance, your mandatory jail time will go up, as will your court cost and fines. Instead of a one year mandatory California driver’s license suspension, you will face a two year suspension. Your probation will likely be stricter. You will face longer mandatory alcohol school. And so on.

So if, like Jani Lane, you’ve been cited more than once for driving under the influence in Southern California, it’s in your interest to retain a reputable and trial-proven attorney.

May 12, 2010

Lindsay Lohan Non-Compliant with Probation for her 2007 Southern California DUI?

by Michael Kraut

In 2007, actress Lindsay Lohan netted her second Southern California DUI conviction. Her hard-partying ways made her notorious in tabloids and online gossip forums. Two weeks ago, her dad, Michael Lohan, called the police to the starlet’s home, fearing that his night-clubbing daughter might be putting her younger sister Ali in harm’s way. The 23-year-old got a warning last fall to adhere closely to her probation terms. Otherwise, said Judge Revel, “the deputy district attorney will be asking for jail time.”

Although Lohan’s attorney claims that the starlet has maintained substantial compliance with the terms of her probation, she allegedly has not been following Judge Revel’s orders to go to her alcohol classes once a week. Lohan has a May 20th hearing. The Freaky Friday actress has also been in a public war of words with her ex-girlfriend, Samantha, on Twitter, and she was recently fired off a movie.

Lohan’s multiple celebrity Los Angeles DUIs have served as a cautionary tale to other Hollywood starlets and would-be violators of California Vehicle Code Sections 23152(a) and 23152(b). If you are arrested for a violation of the CVC codes and charged with DUI in Burbank or DUI in Beverly Hills, the court has a wide latitude of punishments it can dole out.

First time offenders, for instance, can receive 48 hours in jail, a fine of $1,000 (in addition to court costs, which can be substantially more), suspension of the California driver’s license, forced installation of interlock ignition device in your vehicle, strict terms of probation, and, of course, mandatory alcohol school. (Lohan’s mandatory alcohol school sentence was actually far less than the maximum the court could have imposed – nine full months – for a first time Beverly Hills DUI conviction.

Second, third, and fourth arrests for driving under the influence in Southern California (or elsewhere in the state) obviously carry stricter penalties, harsher terms, bigger fines, more jail time, and so forth. Again, the court has a lot of leeway in terms of how it chooses to punish repeat offenders (those who get multiple DUIs within 10 years time).

So what should you do if, like Lindsay Lohan, you have been tagged for DUI in Los Angeles?

One smart move is to retain an experienced trial attorney to defend you. Even if your charge is minor, and there are no complicating factors, you never know what can happen once your case comes into play. And even minor errors in your legal defense can have profound ramifications for your future, your pocket book, and your freedom.

May 11, 2010

Cinco de Mayo Southern California DUI Arrest for Shaun Palmer, X-Games Champion

by Michael Kraut

Shaun Palmer, a 41-year-old snowboarding legend, was arrested for driving under the influence in Southern California last Wednesday in South Lake Tahoe. According to local police reports, the snowboarder was arrested along with seven other people in a standard DUI patrol. Cinco de Mayo 2001 saw elevated numbers of arrests across the Southland. In Phoenix, AZ, a valley patrol picked up 171 people for driving under the influence – with an average BAC of 0.141%, nearly twice the legal limit for Los Angeles DUI.

Palmer is no stranger to alcohol-related legal troubles. Four years ago, Lake Tahoe police pulled over a car in which Palmer was a passenger. The female driver was tagged for driving under the influence in Southern California. Palmer insisted on going to jail with her. So the police arrested him for being intoxicated in public. In a separate incident in 2008, Palmer was again arrested on public intoxication charges after he intervened in a fist-fight at a local beach.

X-Games legend Shaun Palmer was only charged once with Southern California DUI – his other two arrests were for public intoxication. But what happens when someone is actually convicted of multiple Los Angeles DUI charges within 10 years?

As you might expect, the penalties ratchet up. First time offenders can face 48 hours in jail time (mandatory), $1,000 in fines on top of other court related costs, a one year driver’s license suspension, six weeks minimum alcohol school, and other terms of probation. For instance, police may be able to search you without reason while you are on probation. In addition, you may be forbidden to drink alcoholic beverages during your probation.

Second time Burbank DUI and Glendale DUI offenders get stricter punishments: a minimum jail sentence between 4 and 10 days, 18 months minimum alcohol school, two years California driver’s license suspension, and higher fines and court costs. If you are convicted three or more times within 10 years, your penalties really go up. For instance, you will get a mandatory minimum of 120 days in jail – that’s nearly four months. A fourth time DUI conviction can even be considered a felony – even if there are no complicating factors, such as an injury to another driver.

Whether you have been arrested for your first Glendale DUI or your second or third charge within 10 years, nothing can replace the guidance of a proactive, court-savvy DUI defense attorney. Without good guidance, you could easily complicate your case and wind up with a harsher sentence than you might deserve.

May 3, 2010

Former NFL Runningback Busted for Southern California DUI

by Michael Kraut

Corey Dillon, a retired NFL runningback who played for the Cincinnati Bengals and New England Patriots, was pulled over for driving under the influence in Southern California at 4 a.m. last Wednesday, according to officials from the Lost Hills Sheriff’s Station.

The 35-year-old Dillon was stopped in his 2010 Chevy Camaro near the 101 Freeway on Mulholland Drive. Allegedly, he had a male passenger with him. The lieutenant who filed the report said that “Mr. Dillon displayed multiple symptoms of being under the influence… and admitted to having been drinking earlier in the evening.” Authorities released Dillon later on a $5,000 bail, pursuant to his agreement to show up in court on June 21 in Malibu to face the charges.

The 35-year-old retired from active NFL duty in 2007. He was a member of the 2004 New England Patriots World Championship team.

If you get pulled over for driving under the influence in West Hollywood, Beverly Hills, Malibu, or a less ritzy town in Southern California, police will likely subject you to a series of tests to determine whether you are under the influence. The order of these roadside sobriety tests can vary. But police usually stick close to a preordained script. The tests typically include:

1. Horizontal Gaze Nystagmus Test

Officer administers an eye exam – ordering the driver to follow a moving object. DUI might be suspected if the pupils bounce back and forth or the driver cannot follow the object.

2. Walk the Line Test

Driver is asked to walk nine paces forwards and backwards. If he or she falls over or stumbles, DUI might be suspected.

3. One Leg Stand

This is another balance test. It is very straightforward. The suspect simply stands on one leg and tries to balance for 30 seconds. If the driver trips over, DUI might be suspected.

4. Romberg Test – another balance exam. In this one, the suspect tilts his head backwards and counts till 30. Again, any kind of stumbling or falling might indicate Los Angeles DUI.

5. Finger to the Nose

This test is often portrayed in TV and films. A driver closes his eyes, stretches his arms and attempts to touch his fingers to his nose. A lack of coordination could indicate DUI.

6. Other tests

Officers can ask drivers to perform other tests of mental acuity and physical coordination. They will also look for signs of a lack of balance as well as eclectic behavior.

What to Do If You or a Family Member Has Been Charged with DUI in Beverly Hills (or elsewhere in Southern California)?

In the vast majority of cases, it will behoove a defendant to retain an expert DUI attorney. Your charge may seem straightforward and relatively minor. But if you put up an inaccurate or less than effective defense, you could wind up with serious jail time, fines, forced alcohol school, license suspension, and numerous other penalties.

April 28, 2010

Southern California DUI Punishment Update — State Senator Roy Ashburn Given Jail Sentence for March 3rd DUI

by Michael Kraut

In the annals of arrests for driving under the influence in Southern California, the March 3 bust of 56-year-old Roy Ashburn for driving with a BAC of 0.14% in Sacramento wouldn’t stand out as particularly noteworthy — but for two salient points:

1. Roy Ashburn is a State Senator from California (a representative of District 18).
2. The Senator was busted after leaving a gay bar called Faces with a young male Latino in his car — this in spite of his pronounced anti-gay voting record and the fact that he had been married with five children.

In the wake of the arrest, Ashburn quickly confessed to the press the he was gay. He justified his 12+ years of Assembly and State Senate voting against gay rights by saying that he was simply following the wishes of his conservative constituents. Southern California DUI bloggers have noted that the Republican senator’s ordeal has rhymed closely with the travails of other recently outed Republicans, like evangelical Ted Haggart and senator Larry Craig, who was caught playing footsie with a federal agent in a public men’s room.

According to California Vehicle Code Section 23152(a) and 23152(b), most first time offenders will be charged with a misdemeanor. The court has an array of punishments at its disposal, including mandatory time in custody (48 hours), fines of up to $1,000 in addition to court costs, mandatory suspension of California vehicle license for a full year, mandatory alcohol school, formal probation, and mandatory installation of an interlock ignition device in your car or truck.

Ashburn was given 2 days jail time — one of which he served while being in custody during arrest. The other day will involve him working for the Sheriff’s Department. He also has to pay fees and costs of around $2,000, and he will face three years of probation.

According to the senator’s spokesman, Ashburn “accepts full responsibility for his actions (and wants to be) treated like any other resident of California would be treated.”

Although few would argue that the senator got off “easy” for what he did, others charged with similar crimes of driving DUI in Glendale or DUI in Burbank can wind up with much more serious penalties, including longer stints in jail, harsher terms of probation, and much higher costs and fees.

In fact, if you injure someone while driving DUI in Glendale, and the prosecution can prove that your driving DUI led to an accident that caused the injury, you can be charged under California Vehicle Code (CVC) Sections 23153(a) and 23153(b), which could elevate your misdemeanor to a felony charge. If convicted, you could be stripped of your right to vote and forced to spend longer time in jail.

So what can you do if you’ve been hit with a Burbank or Glendale DUI charge?

April 26, 2010

Celebrity Los Angeles DUI Alert — Prolific Reality TV Star, Megan Hauserman, Arrested in Miami for DUI

by Michael Kraut

More fodder for Los Angeles DUI and celebrity DUI bloggers — veteran reality TV star and self-described “actress” Megan Hauserman was arrested in Miami for DUI on April 16th at 3:15 AM.

The 28-year-old Hauserman — a one-time Cyber Girl for Playboy and star of a slate of reality shows, including ‘Rock of Love’ (Parts 1 and 2), ‘I Love Money,’ ‘Beauty and the Geek,’ and her own project, ‘Megan Wants a Millionaire,’ which was cancelled after three episodes after one of the contestants murdered his wife — was stopped for driving 25 miles per hour over the speed limit on the MacArthur Causeway in Miami.

Megan allegedly failed her breathalyzer test by blowing a 0.102% (Florida’s limit is 0.08% BAC — the same as the limit for Southern California DUI). Hauserman allegedly was on her way to her job at a strip club (New York Strip Steakhouse and Cabaret), but she told the troopers who pulled her over that she was heading to film a TV show.

Hauserman is no stranger to controversy. While filming a special episode for ‘Charm School,’ she got into a brawl with Sharon Osbourne and had to be physically removed from the set (in her bikini).

Police claim that Hauserman had alcohol on her breath. What other signs do police look for when investigating whether someone is or is not driving under the influence in Pasadena?

Los Angeles DUI signs can include:

o Disheveled appearance
o Inappropriate or non-answers to police questions
o Inconsistent or incoherent story telling
o Odor of alcohol on the breath (as Megan allegedly had)
o Watery eyes
o Fumbling, stumbling, and mumbling
o Lack of balance
o Admission to having had alcohol
o Inconsistent or inappropriate behavior (e.g. going from giddiness to hysterical crying)
o A general slowness and lack of alertness
What should you do if you’ve been hit with a charge of driving under the influence in Pasadena (or elsewhere in Southern California)?

Although you and your family may be stunned by your recent DUI charge, it may behoove you to take a quick and direct action to avoid the worst penalties and consequences. If convicted, you could lose your license, have to serve jail time, be forced to pay fines and court costs, and be compelled to install an interlock ignition device in your vehicle (among other punishments).

April 22, 2010

Heather Lockhear hit-and-run case could be complicated by her 2008 Southern California DUI

by Michael Kraut

Actress Heather Locklear, star of the TV series “Melrose Place,” was hit with a misdemeanor hit-and-run charge Saturday; her case could be vastly complicated by her previous arrest for driving under the influence in Southern California in September 2008. According to the Deputy District Attorney for Santa Barbara, Lockley “could be facing a maximum of 90 days” in prison, if she’s convicted of violating her Los Angeles DUI probation.

Play-by-play of the crash and arrest
On 4 A.M. Saturday night, a local Ventura County resident woke to the sound of a violent crash near his house. He investigated and saw a car smashed into a “no parking” sign. The driver peeled off. Concerned, the witness called the police, who investigated and connected Heather Locklear with the crash. Her black BMW had damage to its tire well that matched perfectly with damage to the “no parking” sign.

The police captain who cited Locklear did not handcuff her or take her to the station. Nevertheless, a court date has been set for May 17. (After her 2008 arrest, the 48-year-old actress was sentenced to 12 hours of road safety training, a $700 fine, and three years probation–in exchange for getting her Southern California DUI charge dropped.)

Whether a celebrity has been arrested for DUI in Burbank or for driving under the influence in Long Beach, she can be charged according to two DUI laws: California Vehicle Code Sections 23152 (a) and 23152 (b). The first statute says that if police stop you for driving under the influence of alcohol or drugs, they can arrest you and charge you with a misdemeanor or felony. Convicted offenders face jail time, suspension of California’s drivers license, points on the DMV record, and major fines and court costs. 23152 (b) defines DUI in Southern California “per se” as having a blood alcohol content (BAC) at or above 0.08%.

Although a single conviction of DUI in Burbank may only result in a misdemeanor, the charge can be elevated to a felony if this is your third DUI within 10 years or if you hurt someone.

Legal assistance for dealing with a charge of DUI in Southern California

If you or a loved one has been arrested for DUI — whether you face straightforward charges or more complicated ones like Heather Locklear now faces — you can likely benefit from the counsel of an experienced and trial-proven attorney.

April 19, 2010

Celebrity Los Angeles DUI Reporters Obsessed with Former NBA Star’s New DUI

by Michael Kraut

Across the blogosphere, reporters who cover celebrity Los Angeles DUI events have been chiming in with opinions about the arrest of Rod Strickland, an Assistant Coach for Kentucky’s basketball team and former NBA star (17-year NBA veteran, in fact). The 43-year old Strickland was arrested at 3 a.m. on April 13th in Lexington, Kentucky after police saw him run a red light.

Per court documents, Strickland failed a breathalyzer test. Police remanded him to the Fayette County Detention Center on charges of driving under the influence, running a red light and lacking registration and insurance.

Strickland has run afoul of the law numerous times over the past several years:

o In 1994, he and a fellow teammate on the Portland Trailblazers got into a fistfight with a truck driver, earning Strickland a misdemeanor battery charge.
o In 1998, Strickland collected his first DUI conviction.
o In 1999, while with the Wizards, he collected another DUI and reckless driving charge but managed to get acquitted.
o In 2001, in Virginia, Strickland got arrested for driving under the influence again.

The laws governing Kentucky and Southern California DUI matters are different in significant ways. Let’s look at a common test for Los Angeles DUI — the famous Breathalyzer Test.

The breathalyzer is a handheld device that intakes a suspect’s breath and chemically analyzes it to determine its alcohol content. From the sample, analysts extrapolate a BAC number (blood alcohol concentration). If your BAC is at or above 0.08%, you can be found in violation of the California Vehicle Code Section 23152(b) and suffer a range of penalties, including court costs and fines, jail time, mandatory alcohol school, probation, and forced installation of an interlock ignition device.

Breathalyzers are not error-free, however. Indeed, a surprising variety of factors can interfere with test results. Men and women process alcohol differently and at uneven rates. Breathalyzers do not distinguish between ethanol — the active ingredient in alcoholic beverages — and certain other chemicals. Diabetics may blow false positives due to chemicals in their breath. Different exhalations can yield different BAC readings — even from the same person taken at the same time! And calibration problems, administration problems, inadequate care of machinery and mis-reading the instrument can all lead to false positives — and that can mean false convictions for Southern California DUI charges.

But what if a breathalyzer said you had a BAC above 0.08%? Will you be stuck with a Burbank DUI or Glendale DUI charge? Or can you do something to fight back and prove your innocence?

Defendants do have options to battle back. A reliable, trial-proven lawyer can investigate your breathalyzer test results and determine whether they can be challenged on any number of grounds. He or she can also devise a comprehensive strategy to dispute your Burbank DUI charge — or at least provide a best-case defense for you.

April 14, 2010

Sports Celebrity Los Angeles DUI Blogs Debate Chris Chelios’ Sentence

by Michael Kraut

While celebrity Los Angeles DUI blogs typically report on misbehavior of Hollywood A-listers, such as Mel Gibson and Nick Nolte; this week, former NHL great Chris Chelios’ battle with DUI in Chicago is consuming much of the blogosphere’s oxygen.

Chelios — who formerly played for the Chicago Blackhawks and who helped his teams bring home three Stanley Cups — was stopped on December 28 at 4 a.m. under suspicion of DUI in Westmont, Illinois. Last Wednesday, prosecutors finally agreed to drop DUI charges against Chelios, although the NHL legend did agree to pay $500, plead guilty to speeding and improper lane use, and consent to half a year of conditional probation.

At issue in this case was a 50-minute long police videotape of the stop, during which Chelios admitted to having had a few drinks before driving. Judge Pierce ruled that the video showed that police did not have probable cause for the stop, and he blocked prosecutors from using the arrest tape at trial. This move convinced prosecutors to give up their attempt to pin the DUI on Chelios.

The NHL legend (who still plays professional hockey with the Atlanta Thrashers, even though he is 48 years old) issued a contrite statement after prosecutors dropped the DUI charge, saying that: “I’m going to learn from it.”

What happens at a typical Southern California DUI field sobriety test?

Officers test suspects both physically and mentally.

o The most common first test is called the horizontal gaze nystagmus test, in which an officer tracks the suspect’s eye movements to see whether he or she can follow an object.
o Another test is “walk the line.” Police ask the driver to pace nine steps in one direction and nine steps back — often on a marked line. If the driver loses his or her balance, that might indicate DUI.
o The one-leg stand test requires the driver to stand on one foot for 90 seconds. Again, a loss of balance could indicate DUI.
o Next up is the Rhomberg test, in which a driver must lean back and count to 30. A loss of balance (such as stumbling backwards) could indicate DUI.
o The finger-to-nose test also assesses coordination.
o Officers can also use tests like reverse counting or even subjective measures to determine whether someone has been driving under the influence in Southern California.

Whether you’re charged with a DUI in Burbank or a DUI in Glendale or elsewhere in the Los Angeles County area, you’ll likely need good legal representation to develop a solid defense to charges against you.

Differences among Los Angeles DUI attorneys abound. Not all Burbank DUI lawyers are equally skilled at handling prosecutors and going to trial.

April 12, 2010

Mindy McCready Back in the News — not for a Los Angeles DUI — but Rather for a Sex Tape Scandal

by Michael Kraut

Blogs that follow celebrity Los Angeles DUI arrests have seen a spike in interest in the criminal history of country singer Mindy McCready, thanks to new news reports suggesting that an hour-long sex tape starring the singer is set to be released.

McCready is no stranger to charges of driving under the influence. She was one of the main participants in 2010 Celebrity Rehab with Dr. Drew. Nashville Police stopped her in 2005 for suspicion of driving under the influence. Although the jury scrapped those DUI charges, they convicted McCready for driving on a suspended license. McCready has also been arrested in Arizona (for a battery of charges, including identity theft and hindering prosecution), Florida (for drug charge violations), and Tennessee (for probation violations).

The surfacing sex tape may give the beleaguered country singer a publicity boost as she releases “I’m Still Here,” her first country album in nearly a decade and a half.

McCready’s arrests have been scattered around the country, and she’s only technically been arrested for DUI once. But what happens to individuals — celebrities or not — who get charged with driving under the influence in Southern California more than one time?

As you might suspect, penalties increase for every additional Long Beach DUI arrest.

For instance, a first time Los Angeles DUI offender might be charged with a misdemeanor, for which the court can impose various penalties, including mandatory two full days (48 hours) in jail, a fine of $1,000 along with court costs, a six weeks minimum sentence of alcohol school, and a mandatory installation of an interlock ignition device. The court can also impose additional penalties and strict terms of probation.

If you get convicted of a second count of driving under the influence in Long Beach (within ten years), your mandatory minimum jail time goes up (4-10 days minimum), as does your mandatory alcohol school time (18 months). You will lose your license for two years (instead of one).

If you’re arrested a third and fourth time (or more) for Southern California DUI within a ten-year span, your penalties will become increasingly strict:

• longer jail sentences
• harsher probation terms
• longer driver’s license suspension
• possible upgrading to felony charges
• higher fines and court fees
• other punishments that the judge may devise
Dealing with charges of Long Beach DUI

Whether you’re facing your first or fifteenth DUI offense, it almost certainly behooves you to discuss your case in confidence with an experienced Los Angeles DUI attorney.