Celebrity DUI Arrests

April 7, 2010

Joey Porter will not be charged with Southern California DUI

Joey Porter, a linebacker for the Arizona Cardinals, was arrested for Southern California DUI last week in Bakersfield near a Taco Bell. The 33-year-old allegedly got into a confrontation with the officers who arrested him – slapping a police officer’s hand when the officer opened his car door – but DUI allegations against the athlete have been dropped, according to the local Deputy DA.

According to reports, Porter tested right around the limit for Southern California DUI – different readings gave BACs at 0.07% and 0.08%. Prosecutors did not believe they had unambiguous evidence to convict. Deputy DA Mark Pafford was quoted in a Bakersfield paper about the matter: “We do not believe that there will be a reasonable likelihood that a jury would find Mr. Porter guilty… we thought it was not appropriate for us to proceed.”

Interestingly, apparently Porter had been pulled over at the same time as his friend had been pulled over – the double stop may have complicated the investigation and would certainly have made any kind of trial (if it had come to that) more complex.

Porter’s case of Southern California DUI aside, how exactly do breathalyzer tests determine whether or not prosecutors press for charges like DUI in Glendale?

The breathalyzer test is the most common type of BAC test employed in the Greater Los Angeles area. Theoretically, breathalyzer tests should work easily. All a suspect has to do is blow into a machine, which analyzes the breath and determines based on chemical methods how much alcohol is in the person’s blood stream. If that alcohol concentration is above a certain magic number – in California that number is 0.08% – then that person should be tried and ultimately convicted for DUI in Glendale (or wherever).

In practice, however, it’s not simple. Breathalyzer readings are subject to all sorts of errors. First of all, machines do not discriminate between men and women, between sick people and healthy people, and between people with different metabolisms. Deeper breaths into a machine may yield higher readings, and even false positives for DUI in Southern California. The machines can be misread. Officers can screw up the paperwork and record numbers incorrectly. Other chemicals in the blood or even on the machine can interfere with readings. And so on and so forth.

The inherent flaws in breathalyzer testing notwithstanding, if you have been charged with DUI in Pasadena, you likely need an expert attorney to help you navigate the legal system. It’s not enough simply to argue that “The breathalyzer test was wrong!” Unless you have evidence and argumentation to back up your claim, and unless you understand the proper legal protocol to defend yourself, justice may not be served.

Fortunately, you don’t have to go down this road alone.

April 5, 2010

Celebrity Los Angeles DUI blogs debate Fall Out from Dwight Gooden’s Arrest

by Michael Kraut

Celebrity Los Angeles DUI blogs that cover the public struggles of fallen actors, politicians, and athletes have been chattering nonstop since last week about former Mets All-Star pitcher Dwight Gooden’s arrest in New Jersey. According to the AP, the 45-year old former Cy Young Award winning pitcher slammed into another vehicle early morning last Tuesday and fled from the scene. He was later arrested for driving under the influence of drugs and fleeing the scene of an accident.

Gooden is no stranger to substance abuse and accidents. He has been dogged by scandal since early in his baseball career. Gooden led the New York Mets to a world championship in 1986, during which the team pulled off one of the all-time greatest comebacks in baseball history – beating the Boston Red Sox in Game Six after going down two runs in the bottom of the tenth inning with two outs and no men on base.

Gooden is scheduled to be inducted into the Mets Hall of Fame in the beginning of August along with former ‘86 teammate Daryl Strawberry and manager Davey Johnson. According to the AP report, no one was seriously injured in Gooden’s accident. But what if someone had been?

According to Southern California DUI law, as encapsulated in California Vehicle Code Section 23153 (a) and 23153 (b), drivers who hit and injure someone while DUI can be subjected to substantially increased penalties. Specifically, what might ordinarily be a misdemeanor Los Angeles DUI could be reclassified as a felony DUI. 23153 (b) spells out some of the punishments that drivers can face for this crime, which include steep court costs and other fines, hiked up insurance rates, forced restitution to injured victims, jail time, forced probation, and driver’s license suspension. 23153 (a) stipulates that if either alcohol or drugs contributes to the injury or accident, the driver can be subjected to a felony count.

If you have been tagged for a Long Beach DUI for hitting someone after driving under the influence in Burbank, you may need superior legal representation. But how do you find a good attorney to represent you against a charge, say, of DUI in Burbank?

March 31, 2010

Another Star of the Hills Busted for Driving Under the Influence in Southern California

by Michael Kraut

23-year old Jason Wahler was arrested for driving under the influence in Southern California last Friday night – just one week after he was arrested in Mexico for getting into a fight at a nightclub in Cabo San Lucas.

According to the arrest reports, the former boyfriend of both Lauren Conrad and tennis superstar Katja Decker-Sadowski was pulled over just before 11 o’ clock on Friday in his Chevy Tahoe in Newport Beach. Details of this arrest are hazy. More is known about Wahler’s previous arrests – which include a charge last year of assault in Seattle, Washington and a 2008 charge of assault after he socked a tow-truck driver in the face.

Wahler is no stranger to rehab – he was quoted in People Magazine saying, “I’m embarassed as hell, but I really do not remember my arrests. They’re blackouts. And that’s scary.”

Some of the snarkier blogs that cover stories about celebrity DUI in Los Angeles have noted that Wahler’s attempt at rehab in 2007 does not seem to have been successful.

The 23-year old’s multiple arrests do beg the question – what happens to someone who violates laws against DUI in Long Beach more than once?

Unsurprisingly, it turns out that the law ratchets up the punishments every time you get arrested for an additional charge of DUI in Los Angeles.

Long time readers of this blog will realize that we like to review the various kinds of punishments that can be doled out for driving under the influence in Long Beach. We think that knowledgeable drivers are empowered drivers. To that end, once more, let’s review what the court can impose for different DUI offences.

First time DUI – 48 hours in jail, $1,000 in fines plus court costs, CA drivers license suspension for one year, six weeks minimum of alcohol school, potentially formal probation imposed, mandatory installation of Interlock Ignition Device.

Second time DUI – mandatory 4 to 10 days behind bars, more court costs and fines – usually significantly steeper, 18 months minimum of alcohol school, two years of CA drivers’ license suspension, IID installation, and strict probation possible.

Third time DUI – 120 days behind bars, 18 months mandatory DUI alcohol school, three years California drivers license suspension, huge spike in court costs and fines, and more.

Fourth time DUI within ten years – could easily be elevated to a felony, 180 days minimum in jail, three year drivers license suspension, 18 months alcohol school minimum, four year drivers license suspension, another steep increase in court costs and fines, and more.

If you have been charged with a second, third, or fourth count of driving under the influence in Los Angeles, you may need legal representation ASAP.

March 29, 2010

Another Sports Arrest – Nope, Not a Los Angeles DUI This Time – This Took Place in Atlanta – But Southern California Sports Watchers Have Nonetheless Been Riveted by it

by Michael Kraut

Los Angeles DUI arrests involving celebrities and sports figures are common news. Just take a quick scan through this blog, and you will come away flabbergasted at how many of our public figures have gotten in trouble for driving under the influence in Southern California.

Today’s entry concerns a DUI out of Atlanta, however, involving Miami Dolphins runningback Ronnie Brown. Last Friday night, Brown was pulled over for an improper lane change (he allegedly didn’t signal), and the officer gave him a field sobriety test. He did not perform well on this test, so the officer took him into custody and booked him for DUI in Atlanta. After his release Saturday morning, Brown quickly hired an attorney. The Miami Dolphins as well as Brown’s agent have kept relatively quiet about the incident, although his allies have pointed out that he has never been in any kind of legal trouble before. The 28-year old Pro Bowl runningback was a second pick in the 2005 NFL draft, and he is scheduled to continue to attend the Dolphin’s voluntary training camp.

What happens when someone is pulled over for the first time for DUI in Pasadena, Glendale – or anywhere else in Southern California, for that matter?

If you are convicted of a misdemeanor, your life could instantly change. First of all, your California drivers’ license could be suspended for an entire year, and you may not get a restricted license to drive for work or school.

Second, you may be required to install what’s known as an Interlock Ignition Device (IID) in your vehicle. This is a breathalyzer-like instrument that you must blow into before you can start your car. It takes a reading of your blood alcohol concentration based on your breath, and if you even have the slightest hint of alcohol, your engine won’t start.

Third of all, you will have to pay court costs and fines up to $1,000.

Fourth, you could face limits on your release, including probation, mandatory alcohol school, and other stipulations.

Fifth, you will have to do time in jail – a minimum of 48 hours.

Of course, if you are driving under the influence in Glendale and injure somebody, you could be convicted for a felony, and the punishments could be significantly harsher.

What can you do to respond effectively and efficiently to charges of driving under the influence in Southern California?

Your best bet is almost always to consult with a reputable, vetted, highly credentialed attorney.

March 21, 2010

Packers Tight End Busted for Southern California DUI

by Michael Kraut

Last Monday, Green Bay Packers tight end Spencer Havner was arrested for driving under the influence in Southern California, after he crashed his motorcycle in his hometown of Grass Valley, California. According to a report issued by the California Highway Patrol, the hometown hero had been zipping around on a cul-de-sac on his motorcycle (without wearing a helmet) when he flew off a shoulder and got into an injury accident.

A spokesperson for the police said Havner was taken to Sierra Nevada Memorial Hospital for examination. Havner suffered cuts, lacerations, and a fracture to his shoulder blade. At the hospital, he was tested and found to have a BAC level above the California limit of 0.08%. He was arrested and moved to Sutter Roseville Memorial Center.

The 27-year-old tight end had been a standout for the Packers this past season — in one of the Packers’ final playoff games, he caught a touchdown pass that tied the game.

Havner is fortunate, in that his DUI accident did not lead to any injuries to other people. According to California Vehicle Code Sections 23153(a) and 23153(b), if you hit someone while driving under the influence in Long Beach (or elsewhere in Southern California), your simple misdemeanor charge could be elevated to a felony count. This is a much more serious charge. It could result in longer jail time, harsher probation, steeper fines, and the loss of the right to vote.

Of course, the law is nuanced. If you hit someone while DUI in Long Beach (or elsewhere), but you can show that you had not been doing anything illegal, driving-wise, you may NOT be charged with a felony and may be able to get off with a simple misdemeanor. For instance, let’s say a pedestrian darted in front of your motorcycle, and you hit him. Although you may have technically been driving under the influence in Southern California when you hit him, since the pedestrian was at fault for the accident, you likely would NOT be charged under California Vehicle Code Section 23153(a) or 23153(b).

Any charge of Long Beach DUI is a serious one.

If you or a family member has been arrested for Southern California DUI, it may behoove you to connect with an experienced defense attorney to learn more about your rights and obligations under the law.

March 15, 2010

Los Angeles DUI Blogs Abuzz with News of Miami Heat’s Dorell Wright’s Arrest

by Michael Kraut

Sports commentators and celebrity Los Angeles DUI bloggers alike have been buzzing about the arrest of Dorell Wright, who was pulled over for driving under the influence in South Beach, Florida, last Thursday.

According to the Miami Herald, the 24-year-old Wright — who had been playing his best season since he had knee surgery in 2008 and who had just lifted the Heat to a 108-97 win over the L.A. Clippers – was pulled over at around 3.30 in the morning for driving erratically in his 2005 Bentley. The officers who stopped him noticed that he had red and watery eyes, odor of alcohol on his breath and slurred speech. In addition to the South Beach DUI charge, Wright was charged with speeding and driving without proof of insurance.

Wright is not the only member of the Heat team to have a hot run-in with police recently. On February 26, teammate Carlos Arroyo was pulled over for impeding the flow of traffic. Arroyo got into a kerfuffle with officers that resulted in a misdemeanor charge.

Why did the officer suspect Wright of driving DUI?

The signs of driving DUI are surprisingly universal — whether you are pulled over for DUI in Beverly Hills or DUI in South Florida.

Symptoms of Los Angeles DUI include the following:

• Bloodshot/watery eyes
• Breath that smells like alcohol
• Erratic behavior (in person and on the road)
• Incoherent story telling/logic
• Loss of balance
• Stumbling/staggering
• Slurred speech
• Belligerence towards officers
• Inability to track a moving light source (failing the “horizontal gaze nystagmus test”)
• Opened containers of alcohol in the car
• Admission to having “had a few drinks”

Whether you are pulled over for driving under the influence in Hollywood in a brand new Bentley or you are stopped for DUI in Southern California in any other kind of car (or in any other kind of circumstance), the legal defense you put up can make a tremendous difference in terms of your ultimate sentence/rehab arrangement.

An excellent defense lawyer can potentially break down the prosecution’s case against you by, for instance, challenging the results of a breathalyzer test that show that you were above California’s legal limit of 0.08%.

So how can you find a knowledgeable and sophisticated Los Angeles DUI attorney?

March 10, 2010

Warrant Slapped on Warrant Singer for Skipping Out on Los Angeles DUI Hearings

by Michael Kraut

As this blog reported, last June 17th, Jani Lane of the 80’s rock band Warrant was arrested for driving under the influence in Los Angeles. The “Cherry Pie” singer is back on the headlines once again after failing to show up for two hearings pertaining to his Los Angeles DUI probation. Jani%20Lane%20DUI%202.jpg

The 46-year old singer pled no contest to his misdemeanor L.A. DUI charge and got a relatively light sentence that included three months of alcohol school, one month of community service, and three months of probation. He was due in court on February 23rd, 2010, but he didn’t show up. The judge rescheduled his appearance for February 24th, but Lane again failed to show. According to the website TMZ.com, Lane’s lawyer said that the singer is in the hospital for unknown reasons, and that he will not show up in court until next week.

The judge in Lane’s case has actually issued a warrant for the lead singer of the band Warrant – an irony not lost on Lane’s fans and snarky commentators in the media and blogosphere.

Lane’s DUI in Burbank accident occurred at the corner of Topanga and Ventura Boulevards. At the time, he got out of jail by posing a $30,000 bail. The minor traffic accident did not result in any serious injuries to any parties, fortunately.

But what if it had?

Two key sections of California Vehicle Code stipulate punishments for individuals who injure others while driving under the influence in Burbank or elsewhere in California. These sections are 23153(a) and 23153(b).

23153(a)

This section says that if you drive DUI and cause an accident that leads to someone being injured, this will elevate an ordinary misdemeanor DUI charge to a felony DUI charge, assuming that the injury was directly or indirectly caused by the DUI driver’s use of drugs and/or alcohol.

23153(b)

This section says something quite similar. It says that if you operate a motor vehicle with a blood alcohol concentration (BAC) exceeding the state’s legal limit of 0.08%, and then you hit someone and cause an injury or otherwise violate the law and cause an injury, this can be charged as a felony. 23153(b) also lays out the punishments that can be imposed, which range from jail time to forced restitution to a victim (and/or the victim’s family) to steep fines and court costs.

What should you do if you or a family member has been charged with driving under the influence in Burbank or elsewhere in Southern California?

A good attorney can be immeasurably helpful. Without excellent legal representation, you could wind up with much steeper penalties than you might otherwise.

March 8, 2010

Southern California DUI NewsFlash — Anti-gay lawmaker busted for driving under the influence after speeding away from a gay bar in Sacramento!

by Michael Kraut

A Southern California DUI arrest has the national media buzzing with its political implications. Early last Wednesday morning in Sacramento, State Senator Roy Ashburn from Bakersfield (R), was pulled over by the California Highway Patrol for driving erratically. Unidentified sources reported that the Senator had been partying at a local gay hotspot called Faces, and he had a male companion with him in his car. Ashburn has been a vociferous opponent of gay rights in California. For instance, he pushed hard for California’s Proposition 8, which passed in 2008, banning gay marriages in the state.

It is uncertain whether the 55-year-old Senator’s male companion (who was with him at the time of the arrest) was in any way linked with the Senator romantically.

Following his DUI arrest, Ashburn issued the following statement: “I am deeply sorry for my actions and offer no excuse for my poor judgment. I accept complete responsibility for my conduct and I am prepared to accept the consequences for what I did.”

Ashburn faces a primary challenge from another Republican for re-election to State Senate. According to various news reports, Ashburn has been charged with driving under the influence in Southern California as well as driving with a BAC above the state’s legal limit of 0.08%.

The News in Depth

Whether you are stopped for driving under the influence in Long Beach, Pasadena, Bakersfield, or Sacramento, two applicable laws are California Vehicle Code Sections 23152(a) and 23152(b).

The first section, 23152(a), defines what it means to be under the influence and talks about what might happen to you if you get convicted of the crime. The law stipulates that you could:

o lose your California drivers license
o be forced to pay restitution, court costs and other fees
o be jailed for a period of time
o receive points on your DMV record
California Vehicle Code Section 23152(b) stipulates that if you drive with a blood alcohol concentration of 0.08% or higher, this constitutes DUI, and you could receive the same punishments stipulated in Section 23152(a). In the case of Senator Roy Ashburn, from the news reports, it sounds like both of these Vehicle Code Sections might be applicable.

So what should you do if you have been arrested for DUI in Long Beach, Burbank, Beverly Hills, Sacramento, or elsewhere in the state?

Most defendants should connect with a credentialed, highly regarded Southern California DUI defense attorney ASAP.

March 4, 2010

“Guilty” Verdict Handed Down in Southern California DUI Case for Pro Bowl Wide Receiver

by Michael Kraut

Last Wednesday, Chargers wide receiver Vincent Jackson pled guilty to driving under the influence in Southern California in January 2009, and prosecutors set the terms of his sentencing.

The 27-year old Jackson had been arrested in January with a BAC of 0.17% (California’s legal limit is 0.08%). The January ’09 arrest was actually his second Southern California DUI. He was busted in June 2006 and convicted for that DUI — netting him a $1,750 fine and five years of probation. This time, he did not get off so easily. In addition to a concomitant fine (of $2,408) and another five years probation, the wide receiver will have to do 15 days of community service and will likely be suspended by the National Football League for at least two games.

In light of recent comments Jackson made in the radio interview, during which he taunted his prosecutors, many analysts are saying that Jackson is getting off pretty easy. For a comparison, the City Attorney’s Office had requested the Judge to give Jackson 180 days in jail — also known as “substantial custody.” City attorneys were also miffed because Jackson managed to pull off a string of continuances that allowed him to delay his Southern California DUI sentencing until after the NFL season. (Nevertheless, San Diego’s City Attorney did not oppose the two continuances when they were filed.)

The Jackson sentence may or may not be an aberration, depending on who you speak to. But how do the sentencing guidelines differ for first and second time Burbank DUI offenses?

Sentencing can depend on a host of factors, including the context of the DUI arrest, whether or not the defendant cooperates with prosecutors, whether anyone was injured during, and so forth.

That said, typical first time penalties for Southern California DUI include:

• 48 hours in jail with six months maximum imprisonment
• Mandatory installation of Interlock Ignition Device (IID) — this is a new punishment that went into effect in January 2010
• Six weeks minimum DUI alcohol school (nine months maximum)
• A suspension of California driver’s license for a full year
• $1,000 fine
• Court costs (often can be significantly higher than $1,000)
• Strict terms of formal probation for misdemeanor DUI offenders

Second time DUI offenders typically can get the following penalties:

• Jail time of four to ten days (minimum); maximum six months
• Two year suspension of California drivers’ license
• 18 months minimum DUI alcohol school (30 months maximum)
• Imposed installation of IID
• Fines and court costs which can be much higher than first time DUI fines
• Probation terms which can be much stricter than terms for first time violators

For help analyzing your Burbank DUI defense, you may need to turn to an experienced attorney.

March 1, 2010

Southern California DUI Blogosphere Lights Up As Son of Recently Deceased “Deadliest Catch” Captain Gets Arrested For DUI in Seattle

by Michael Kraut

Online blogs and websites that cover celebrity Los Angeles DUI news have been fiercely debating the arrest of Jake Harris, the 24-year-old son of the late Captain Phil Harris, a fish boat captain who appeared on multiple seasons of Discovery Channel’s “Deadliest Catch.”

According to Washington State Troopers, Harris had been driving on a suspended license and had gotten involved in a hit and run accident prior to his arrest. After a motorist reported an out-of-control driver on interstate 5, the police ID’d Harris’ vehicle and, using aerial assistance, pulled him over. Harris was arrested at the scene and charged with hit and run as well as a DUI.

Fortunately, no one was reportedly injured in the earlier hit and run accident, and Harris himself seems to have escaped uninjured as well, although he remains behind bars as of the publishing of this blog post. Harris’ situation does raise some interesting issues, however.

For instance, what would happen if someone drove DUI in Pasadena on the 5 Freeway and got involved in a hit and run accident that actually hurt someone else?

If you commit a hit and run DUI in Pasadena, you might be charged by prosecutors for violating California Vehicle Code Sections 23153(a) and/or 23153(b). These state laws stipulate that anyone who injures another person in a DUI crash can have his charge raised from a simple misdemeanor to a felony, which is a much more serious charge. If your BAC level is above 0.08%, and you hurt another person in a DUI crash (hit and run or not), your punishments can include forced restitution to the injured victim and/or victim’s family, a lengthy prison sentence, severe fines and court costs, hiked up insurance rates, strict probation terms, mandatory installation of an interlock ignition device, and so forth.

Obviously, defendants would like to avoid (or at the very least plead down) these charges. But without a sophisticated and experienced attorney who understands how prosecutors charge people for driving under the influence in Pasadena, you could run into serious trouble — even if exonerating facts are on your side.

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