Celebrity DUI Arrests

February 10, 2010

Mel Gibson’s 2006 Los Angeles DUI Back in the News after Gibson Curses TV Reporter

Mel Gibson’s 2006 Los Angeles DUI arrest may have been the most written-about celebrity DUI arrests of the past decade. That’s saying a lot, given the wall-to-wall coverage that celebrity DUIs merit (see, for example, the DUIs for Lindsay Lohan, Nick Nolte, Stephanie Pratt, etc.).

Gibson’s arrest on Pacific Coast Highway on July 28, 2006 was relatively “ordinary” as far as Beverly Hills DUI arrests go. He was driving more than 40 miles over the speed limit with a BAC that later tested at 0.12% (California’s legal limit is 0.08%), when he was pulled over and arrested by Malibu police deputy James Mee. Gibson allegedly launched into an anti-Semitic rant, behavior that he later admitted was “despicable.”

Gibson and his publicists worked hard to put that memorable Southern California DUI arrest in the past. But old wounds opened on Wednesday February 3rd when the actor lashed out against Chicago television reporter Dean Richards (WGN TV), after Richards brought up the DUI during a TV interview about Gibson’s latest film, Edge of Darkness. Richards asked the actor about his “drinking problems” and “the anti Semitic rant.” Gibson shot back “that was almost four years ago, dude. I’ve moved on. I guess you haven’t.” Then, Gibson called the reporter an a****** — apparently unaware that the cameras were still rolling. (Gibson and his publicists have since done another round of damage control to keep this latest bit of hostility under wraps.)

Any mention of Gibson’s arrest would be incomplete without a brief discussion of the penalties typically doled out for misdemeanor Southern California DUI. Even if it’s only your first time pulled over for driving under the influence, you can still be subject to any one (and possibly even all) of the following punishments:

• Six weeks of DUI alcohol school (maximum nine months)
• Strict terms of probation for release. You may have to check in with a California probation officer periodically and adhere to other conditions and terms to get released.
• One year suspension of California drivers’ license — no restricted license allowed
• A $1,000 fine
• Court costs (which can be significantly more than $1,000)
• Mandatory jail time of two full days in custody (48 hours); maximum half a year in jail
• Mandatory installation of interlock ignition device (IID) in your vehicle. (For instance, had Gibson been arrested for a Southern California DUI today instead of in 2006, he would have been compelled by law to install an IID in his 2006 Lexus LS 430.)

How can you effectively construct a defense so you won’t have to endure these (many) penalties for driving under the influence in Burbank or elsewhere in Los Angeles?

Lawyers abound in Southern California who can nominally do this kind of defense work. But unless you’re very careful about choosing, you can easily get second class representation, which could indirectly mean more stringent punishments and a longer, more costly road to rehabilitation. Fortunately, you have options…

February 4, 2010

Los Angeles DUI Charge for “Heroes” Actor Adrian Pasdar

by Michael Kraut

On Wednesday, January 27, Adrian Pasdar, star of NBC’s “Heroes” series, was pulled over for driving under the influence in Los Angeles. According to reports, the 44-year-old actor was speeding on the 405 in his Ford F-150 truck at nearly 100 miles per hour — straddling two lanes of traffic — when the California Highway Patrol pulled him over at 3 a.m. near Santa Monica Boulevard. After noticing an odor of alcohol coming from his car, the cops gave him a field sobriety test. Pasdar refused a breathalyzer and was remanded to County Jail and held on a $15,000 bond, which he posted at 8:30 AM. His misdemeanor Los Angeles DUI trial has been scheduled for February 24. Pasdar is married to Natalie Maines, one of the lead singers for the Dixie Chicks.

Whether you’re pulled over for a Long Beach DUI on the 405 South, or a Burbank DUI on the 101, the California Highway Patrol administers similar kinds of field sobriety tests. What are the typical field sobriety tests (FSTs), and how do they purport to work? Here’s a quick primer:

Gaze tests

The Horizontal Gaze Nystagmus test determines pupil coordination. An officer tracks the eye movement of a suspect following an object or a light.

Balancing tests

Common balancing tests include the One Leg Stand test, the Walk the Line test, and the Rhomberg test. With the One Leg Stand test, a driver is asked to stand on one leg. If he or she tips over, this might indicate DUI. The Walk the Line test is perhaps the most famous Southern California DUI field sobriety test. A suspect must walk nine paces back and forth on a straight line (e.g. a highway divider line). If the suspect “falls off,” then he or she might be suspected. Finally, the Rhomberg test involves leaning back and counting to 30. Again, tipping over might indicate intoxication.

Coordination tests

The so-called Finger to the Nose test is perhaps the most common. In this exam, a driver closes her eyes and attempts to touch her nose after extending her arms. If the driver cannot “find” her nose, then DUI may be suspected.

Officers will also look for indicators of demeanor and constitution. For instance, let’s say police pull over a person on suspicion of driving under the influence in Long Beach on the 405 South. In addition to performing the FSTs, officers will also look for signs like slow speech response, impaired motor skills, disheveled appearance, watery eyes, and general lack of coordination.

If you or someone you love has been stopped and arrested for a Long Beach DUI, you may need serious legal assistance to avoid dramatic punishments. The city does not want for lawyers who are willing to tackle Los Angeles DUI defense work. But take the time to find a lawyer who has talent, experience, and a proven trial track record.

January 25, 2010

Former Hollywood DUI Defendant to Appear on Celebrity Rehab with Dr. Drew

by Michael Kraut

Musician Mike Starr — best known as the bass player for the ‘90s rock band Alice in Chains — and former Hollywood DUI defendant — is scheduled to appear on the second episode of VH1’s Celebrity Rehab with Dr. Drew. The reality series follows the journeys of eight different celebrities who are in treatment for drug and alcohol addiction recovery. This year’s series will follow the stories of (among others) tattooed basketball legend Dennis Rodman, Heidi Fleiss (the famed former Madame of Hollywood), and Kari Ann Peniche, a Miss United States Teen pageant winner.

Starr, 43, has been arrested multiple times for drug and alcohol violations in cities as far flung as Salt Lake City, L.A., Seattle, and Pasadena. In 1994, he was booked at a Houston airport for possession of narcotics. In September 28, 2008, he was pulled over for drug possession in Los Angeles. In 2005, Starr was arrested in Seattle for yanking the hood ornament off of a man’s car.

If you’re caught driving under the influence in Pasadena, what exactly happens to you? How do the police know whether or not you’re over the legal limit?

One method the police use to determine your blood alcohol content (BAC) level is the blood test. Whether you’re arrested for DUI in Pasadena, DUI in Hollywood, or DUI anywhere else in Southern California, the blood test must be administered in a very precise manner. First, a sample is taken from the vein of the suspect. Then a qualified technician must ID it and transport it for further testing. The results must then be reported and interpreted. The blood sample is mixed with certain chemicals to prevent clotting, and police can choose from one of three acceptable methods to test BAC concentration.

Are blood tests always right?

Like breathalyzer tests, blood tests can yield what are known as false positives — that is, they can give a reading above the CA legal limit of 0.08% even if a suspect was actually BELOW that number.

Unfortunately, many Pasadena DUI suspects do not realize how fallible these tests can be. At any number of nodes in the process, problems can occur that can skew results and lead to false positives. For instance:
• sample is not kept sterile;
• the preservative chemical mixture is improperly mixed;
• the sample is not refrigerated correctly or kept at the right temperature;
• the person who takes the blood sample does not have proper training or licensing;
• the alcohol used on the skin to sterilize contaminates the sample;
• the police mix up samples or improperly interpret results
So how can you prevent a false positive from getting you convicted of DUI in Pasadena? Your best bet is almost always to solicit the services of a trial-proven attorney who specializes in DUI defense.

January 14, 2010

Hollywood DUI Charge Dropped for Stephanie Pratt (Star of The Hills)

by Michael Kraut

People Magazine has reported that charges of driving under the influence in Hollywood against 23-year-old actress Stephanie Pratt were dropped on Thursday, January 7. The Hills‘ star reportedly plea-bargained her misdemeanor DUI down to a charge of “exhibition of speed” and received a relatively light sentence that included: 12 weeks of alcohol school, mandatory attendance at three AA meetings over eight weeks, and a nominal fine.

As this blog reported a few months ago, Pratt was arrested in the early hours of October 18, 2009 after partying with fellow celeb Holly Montag at the club Empire. She pled not guilty to her DUI charges in November. Pursuant to her plea arrangement, Pratt was ordered to see a physician for her substance abuse issues. But she reportedly did not attend a 30 day residential rehab because her doctor did not believe she needed the treatment.

Plea bargaining a Hollywood DUI charge — like Stephanie Pratt did — can prove exceedingly cumbersome and complicated, even if the facts and the law are on your side.

The challenges only increase when you’re charged with DUI with injury in Hollywood. According to California Vehicle Code Section 23153 (a), a basic misdemeanor DUI charge can be elevated to a felony DUI charge if the use of alcohol and/or illegal narcotics results in an injury to another person.

A panoply of punishments may be imposed for such a crime, including but not limited to:

* Forced restitution to the injured party or parties
* Hiked up insurance rates
* Significant court costs/fines
* Loss of certain rights, such as the right to vote
* California driver’s license suspension

All that said, even if you do hurt someone while driving under the influence in Hollywood, you won’t necessarily be stuck with a felony charge. Pursuant to the law, the prosecution make several key arguments in order to stick a felony charge:

#1: You were driving above the DUI limit of 0.08% BAC.
#2: You were negligent or otherwise in violation of California’s traffic laws.
#3: The injury resulted directly or indirectly from your negligence.

In other words, if you were below the legal limit; or if the other party was responsible or even partially responsible for the crash; or if you weren’t in violation of any traffic laws; you can still be hit with a misdemeanor DUI charge, but you won’t likely have to deal with a felony DUI charge.

As even this brief discussion regarding the nuances of Hollywood DUI law demonstrates, minor subtleties can have major impacts. That’s why it is almost always a good bet to invest in reputable legal help.

January 12, 2010

Former TV Host and Radio DJ Busted for Driving Under the Influence in Southern California

by Michael Kraut

The San Diego Union Tribune has reported that a former radio and TV anchor/personality, Allison Ross, was arrested early Sunday morning for driving under the influence in Southern California. Ross was a Southland celebrity in the 1970s and 1980s, during which time she anchored local TV station 8 (KFMB). In the 1990’s, Ross became a traffic reporter and got her own radio show on KNSD (7/39), which she co-hosted with former mayor, Roger Hedgecock.

According to reports, Ross had been driving the wrong way on the 7600 block of Faye Avenue, when she almost plowed headfirst into an oncoming police car. The officer swerved out of the way, then pivoted and followed her onto Kline Street. He pulled her over, administered a field sobriety test, and arrested Ross for misdemeanor DUI. She was taken to a local women’s prison in the nearby town of Santee.

Apparently, this is the 55-year-old’s first ever Southern California misdemeanor DUI charge.

Long Beach DUI law stipulates that a first-time misdemeanor offense can still be punished quite severely. Penalties can include:

* Mandatory interlock ignition device installation (law went into effect January 1, 2010)
* Two full days (48 hours) in jail, minimum; up to six months in prison, maximum
* Minimum of six weeks in DUI alcohol school (max, nine months)
* Suspension of Southern California driver’s license — license can be suspended for a whole year with no restricted license permitted
* Fines and court costs. The maximum fine is “only” $1000, but the court costs can significantly exceed this number.
* Probation. You may have to check in with a probation officer on a regular basis and/or abide by other court-imposed limitations on your freedoms.

To respond effectively to charges of misdemeanor DUI in Long Beach or elsewhere in Southern California, you generally need superior legal help. Obviously, you have the right to defend yourself in court alone if you choose, but given the significant consequences for your future if you don’t muster the best possible defense, it makes sense to connect with a knowledgeable, passionate, and credible lawyer today.

January 7, 2010

Wide Receiver for Colts Busted — Not for DUI in Los Angeles — but Rather for DWI in Indianapolis

by Michael Kraut

The NFL is abuzz with reports of the latest celebrity sports DUI. This one’s not the typical charge of driving under the influence in Southern California; rather it is a DWI arrest in the otherwise sleepy city of Indianapolis, Indiana. The suspect in question is Tajiddin Smith, a wide receiver for the Indianapolis Colts. Smith had been called up to the NFL just months ago (September), and he played last weekend in the Colts’ battle against the New York Jets.

The 26-year-old Smith allegedly had been driving erratically — swerving over the center divider in an area called Monument Circle — when a police officer pulled him over. According to a local media outlet, Channel 6, Smith allegedly smelled like alcohol and had difficulty exiting his vehicle. He failed police-administered roadside sobriety tests and blew a BAC high above the state’s legal limit. News Channel 6 also reported that Smith was charged with ‘driving while intoxicated’ (DWI) — a potentially more serious charge than ‘driving under the influence’ (DUI).

If you’re pulled over for driving DWI in Beverly Hills or DWI in West Hollywood or anywhere else in Southern California, it can help to have a working understanding of the standards by which officers must conduct themselves. In California, DWI suspects can be arrested in essentially two ways:

1) At predesignated ‘DUI checkpoints,’ which are set up explicitly to catch drivers in the act of violating California Vehicle Code Sections 23152 (a) and (b).

2) Drivers can be arrested via ad hoc traffic stops. Indeed, most Southern California DUI arrests occur after an officer observes a traffic infraction or other road violation — such as swerving over the center line as Smith allegedly did. Other typical ‘trigger’ violations include: running stop signs or stoplights; speeding excessively; going too slow for traffic; and driving recklessly or aggressively.

In California, police may not act with impunity during these pullovers. Both the California Supreme Court and the United States Supreme Court have stipulated precise rules of conduct by which arresting officers must abide. If an officer makes a stop illegally, or if a suspect is denied due process, for instance, the charges against the defendant may be thrown out, irrespective of the validity of the allegations.

You need not be a sports celebrity to avail yourself of the best possible legal defense against charges of Beverly Hills DWI (or DWI elsewhere in Southern California).

December 23, 2009

Former “Apprentice” Contestant Busted for Southern California DUI

by Michael Kraut

Heidi Androl, a former contestant on Donald Trump’s realty show “The Apprentice,” was arrested Monday December 7 for a Southern California DUI on the 105 Freeway. The gossip website TMZ.com reported that Androl had been partying at Club Nokia (in honor of Luc Robitaille) prior to her arrest. She was reportedly going 35 mph — significantly under the speed limit — prompting an anonymous citizen to call the police. The CHP subjected her to roadside sobriety tests, which she allegedly failed.

What typical Southern California roadside sobriety tests do CHP officers employ on suspect drivers like Androl? Here’s a quick primer on the popular tests:

1. Horizontal gaze nystagmus test

This eye exam is often the first test an officer will use on an individual suspected of driving under the influence in Los Angeles. An eyeball typically “jerks” as it tracks a moving object, like a flashlight. Theoretically, a police officer can estimate impairment based on the angle of this jerk. But the science underlying this test is flimsy.

2. Coordination tests

These include:

a. one-leg stand test
b. walk the line test
c. finger to the nose test
d. Rhomberg test (in which a suspect leans his head back and counts up to 30.)

If the driver loses his balance, demonstrates poor reaction time, or shows a general lack of coordination, the officer might have reason to suspect Long Beach DUI.

3. Subjective evaluations

Independent of the field sobriety tests (FSTs) administered, an officer may arrest a suspect based on intuition. Fortunately for defendants, an officer’s “gut feeling” won’t likely be admissible as serious evidence in court.

December 21, 2009

Nine More Most Talked about Celebrity and Southern California DUI Arrests in 2009 (Part II: July through December)

by Michael Kraut

The last six months of 2009 saw a plethora of Southern California DUI arrests, and many of the entertainment industry’s most well known players fell victim. Let’s take a closer look at some of the headline grabbing celebrity DUI arrests in 2009.

9. Pamela Bach — as reported in our December 2nd entry, the ex-wife of Baywatch superstar David Hasselhoff was pulled over on the 101 freeway for DUI just around two weeks ago with a BAC of around 0.14%. According to reports, she had a previous track record for DUI (arrest in 2007), and she posted a $15,000 bail.

8. Thomas Dekker — the 21-year-old star of Terminator: The Sarah Connor Chronicles was busted back in late October for driving under the influence in Southern California and injuring a bicyclist. His bail was set at a whopping $100,000.

7. Ronald Belisario — On August 27, the Dodgers reliever was pulled over by the CHP not only for driving under the influence but also for talking on his cell phone while driving. Ironically, the pitcher had literally just thrown a star relief performance to help the Dodgers nail down a win against the Seattle Mariners.

6. Jeffrey Donovan — the star of the USA Network series Burn Notice was booked on July 12 for DUI after nearly smashing into a police car in his 2009 Audi. After failing a roadside sobriety test, Donovan posted a $1,000 bail.

5. Shayne Lamas — Lamas was pulled over on November 14th for a DUI in Los Angeles after failing a breathalyzer test by a wide margin. She was cited for a “wet reckless” charge, fined $300 and ordered to be on probation for three years.

4. Stephanie Pratt — the 23-year old star of the The Hills was busted back in early November for DUI in Burbank after partying at a club called Empire. She made a $5,000 bail. Pratt had previously been arrested for driving under the influence back in 2006 in Hawaii.

3. Brawley Nolte — on October 7, the son of Nick Nolte (who himself was arrested for driving under the influence in Southern California back in 2002) was pulled over in Santa Monica and arrested not only for DUI but also for hitting another car. Brawley failed a roadside sobriety test and had to pay a bail of $5,000.

2. Roderick George Toombs — the WWF superstar formerly known as Rowdy Roddy Piper was arrested in the beginning of July in Hollywood for driving under the influence. The erstwhile nemesis of Hulk Hogan was released on a $5,000 bail.

1. Alexandra Kerry — in late November, the daughter of the US Senator and former Presidential candidate was pulled over for driving with a BAC level of 0.06%. Although the Los Angeles DUI charges were ultimately dismissed, Kerry did get cited for having an expired registration and had to pay a $5,000 bail.

BONUS: Artie Lang — Howard Stern’s longtime co-host was busted for driving under influence on July 10. Lang allegedly rammed into someone else’s 2004 Pontiac and was arrested on multiple charges.

December 16, 2009

Nine Most Talked about Celebrity and Southern California DUI Arrests in 2009 (Part I: January through June)

by Michael Kraut

As the holiday season winds up and the business year winds down, it is time to reflect on some of the biggest Southern California DUI stories — news items that caught our attention, scared us, wowed us, or just surprised us. Here are nine of the most intriguing of these items.

9. Roger Avary — the screenwriter of such classics as Pulp Fiction and The Rules of Attraction was involved in a tragic case collision on January 13, in which he hit and killed a tourist, Andreas Zedine. Avary was booked at the Ventura County Jail and held on a bail of $50,000.

8. Jani Lane — the 45-year-old former rock star (of the band Warrant — famous for songs such as Cherry Pie) was busted for DUI in Los Angeles on 9:30 p.m. on June 18. Although he hit a car — and had to make a bail payment of $30,000 according to reports from the LAPD — he did not cause injury to others.

7. Lori Petty — The actor, who starred in popular ‘80s movies like Point Break (with Keanu Reeves) and A League of Their Own (with Tom Hanks), was arrested after she drove into a Venice Beach skateboarder in early June. Bail was set at $100,000.

6. Joba Chamberlain — The baseball player was arrested on April 2nd for driving in Nebraska with a BAC of over 0.13% – nearly twice the legal limit for driving under the influence in California (0.08%).

5. Russell Rhodes — a local Tampa Florida news anchor (WTVT Channel 13) was arrested on January 16 for DUI after fleeing on foot from police. An officer allegedly tackled the anchor, who suffered bruising, lacerations, and injuries to his face.

4. Charles Barkley — Technically the basketball great was arrested on December 31st, 2008. But since his DUI stop in Scottsdale, Arizona occurred fewer than 24 hours prior to the fall of the Apple in Times Square, we’re including him in 2009 category.

3. Brian Bosworth — the former Seattle Seahawks linebacker and actor (Stone Cold) was pulled over for a Los Angeles DUI while driving his Harley Davidson on Hollywood Boulevard. Bosworth failed a breathalyzer test and was released on a $5,000 bail.

2. Eric Carmen — The songwriter and lyricist, who is best known for hits from the 1980s such as Hungry Eyes and All By Myself, was sentenced in April for DUI in Ohio. In addition to having to pay fees of around $15,000, the 59 year-old spent 30 days behind bars.

1. Michael Phelps — Phelps was not technically arrested for DUI in 2009 (he was in 2004), but the Olympic gold medalist’s flirtation with marijuana back in February led to much public consternation and endorsement contract cancellations. Although Phelps was not involved in any kind of injury accident, his celebrity status and formerly-squeaky clean persona proved irresistible to gossip mongers.

December 15, 2009

Footage of Nas Arrest Lights Up Celebrity Los Angeles DUI Blogs

by Michael Kraut

Southern California DUI blogs are abuzz with new video footage featuring the DUI arrest of hip hop artist Nas — more formally known as Nasir Jones — who was charged with the offense back in September. The gossip site TMZ.com publicized the six minute and 47 second video clip, which shows the rapper failing multiple field sobriety tests. According to a September 10th police report filed by the Henry County, GA police, Nas initially admitted to smoking marijuana prior to getting behind the wheel.

Nas has been a favorite target of gossip-mongers recently thanks to his high-profile divorce from fellow superstar artist Kelis (of ‘Milkshake’ fame). Fortunately for the rapper, the DUI charges against him have been dropped. And his once acrimonious divorce proceedings with Kelis seem to have settled down — the two were seen laughing together outside their courtroom last week.

Although Nas’s arrest occurred in Georgia — and thus he would not have needed the services of a Southern California DUI lawyer — the trials and tribulations that beset many high profile defendants often showcase remarkably similar themes.

For instance, roadside sobriety test failures are often publicized as prominent “proof” that a particular defendant is guilty. But the reality is that roadside sobriety tests are far less accurate than advocates sometimes acknowledge. Consider the following:

The horizontal gaze nystagmus test is often the first examination given to a DUI suspect. Essentially, an officer tests whether the driver can effectively track a stimulus. If the eye reacts slowly or bounces back and forth, that might indicate DUI. But numerous factors can bias the test. For instance, all the following factors — and more — can cause a non-DUI driver to ‘fail’ the gaze test:

• being on a strong medication
• fatigue
• stress
• genetic (or other) disorders of the eyes

Other tests — such as the walk the line test, the one leg stand test, and the finger to the nose test — measure physical coordination to ascertain whether someone is DUI or not. But this kind of testing can likewise be biased or rendered meaningless by an array of factors including the ones aforementioned. In addition, illnesses, fear, or a simple innate lack of coordination can lead to false positives — and thus to Long Beach DUI arrests.