Articles Posted in Driving Under the Influence

Gabe Pruitt, the Boston Celtics guard who was arrested back in February for DUI in Los Angeles, has signed a contract with the New York Knicks. Pruitt’s arrest on February 26 provoked great discussion at the time. According to an AP report, police pulled Pruitt over after he stopped his car at a green light. Pruitt was also driving with “dark tinted windows,” which are not legal in California. The LA native and USC grad failed a roadside sobriety test. Consequentially, the Celtics suspended him for two games.

Sports figures arrested in Hollywood for driving under the influence often turn to an experienced Southern California DUI attorney to navigate the legal system. This makes good sense. After all, while non-specialized attorneys can handle some aspects of DUI defense, the law can be tricky and subtle. It often takes years for lawyers to develop the knowledge necessary to build smart defenses for their clients.

The AP report on Pruitt’s arrest said he “failed a sobriety test.” What kinds of examinations constitute a typical Los Angeles DUI sobriety test?

Rhomberg Test

A driver leans his head backwards and counts up to thirty. Intoxicated suspects tend to lose their balance and fall over after being distracted by the task of counting.

Walk the Line

A driver must walk nine paces in two directions across a marked line. If he steps off the line, the police may suspect him of intoxication.

One Leg Stand

A driver is asked to stand on one foot for half a minute. If he or she falls over, intoxication may be suspected.

Finger to the Nose

This is a coordination test. A driver closes his eyes and then touches the tip of his nose after extending his arms.

Horizontal Gaze Nystagmus

A driver is asked to follow a moving object from left to right and then back again. Intoxicated drivers may have a difficult time following the stimulus.

Just because a driver fails any one of these tests (or even all of them) does NOT mean that he or she is legally intoxicated. (Conversely, just because someone passes all tests doesn’t mean that he or she is sober, either.) Numerous factors can influence the performance, such as fatigue, anxiety/ stress, underlying health conditions, general disposition, personality, and so on. If you failed a roadside sobriety test in Los Angeles, it makes a lot of sense to connect with an attorney who knows how to challenge the validity of these results. Attorney Michael Kraut of Kraut Criminal & DUI Lawyers spent fourteen years as a Deputy District Attorney for the city of Los Angeles prosecuting Southern California DUI cases similar to yours. Now as operating as a criminal defense lawyer, Attorney Kraut brings to bear a deep understanding of how prosecutors work to cultivate arguments and strategies that get his clients results.

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Ronald Belisario entered a plea of not guilty on Thursday August 27th in response to a charge of misdemeanor Southern California DUI. Belisario was arrested two months ago, after CHP officers saw him speaking on the cell phone while driving (which is, in and of itself, a violation of CA law). The Los Angeles Times reported that the police “observed the symptoms of possible alcohol intoxication.” Just prior to his arrest, Belisario had helped the Dodgers triumph over Seattle Mariners by pitching a scoreless ninth inning. The Venezuela native was released after making a bail of five thousand dollars; his pre-trial hearing is set for October.

While a top caliber Southern California DUI defense lawyer can develop and deliver powerful defenses for misdemeanor DUI suspects like Belisario, such cases are often delicate, as they are tried simultaneously in the California court system and in the court of public opinion.

That said, even in situations in which the evidence at first glance appears to support the prosecution overwhelmingly, defenses can be found. For instance, consider the blood test — one of the DUI prosecutor’s most potent weapons. Blood tests are more reliable than other tests, like breathalyzers and field sobriety tests. But they are by no means flawless.

An array of objections can be made, including but not limited to:

• Perhaps the technician who took the sample was not qualified.
• Perhaps the sample was not stored, transported, or tested correctly.
• Perhaps the test was performed correctly but officer bias skewed the results.
• Perhaps the officer used alcohol on the skin of a suspect, and that alcohol contaminated the sample.
• Perhaps the sample got mixed up with someone else’s.

All these situations can result in unjust and unfair Los Angeles DUI convictions. To challenge the evidence effectively, however, you likely need a veteran lawyer who has practical experience with hundreds of similar cases. Many Southern California DUI defendants trust attorney Michael Kraut. Attorney Kraut spent nearly a decade and a half as a DUI prosecutor before switching to become a criminal defense attorney. Very few other attorneys – even experienced criminal defense lawyers – have that kind of experience from the other side. Attorney Kraut leverages his knowledge of procedures and common prosecutorial arguments to best effect for his clients.

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Not all celebrity sports arrests are for driving under the influence in Southern California. According to an AP report, on August 26, Billy Gillispie, a former basketball coach for the Kentucky Wildcats, was pulled over for DUI in Louisville for “driving erratically.” The arresting officer reported that the coach had insisted that he had been out “golfing,” even though it was 2:45 a.m. at the time. Gillispie was released Thursday morning on his own recognizance. This was Gillispie’s third arrest for DUI, and the incident marks another unfortunate turn for the coach, who had been battling fan criticism about his performance.

A savvy Southern California DUI attorney might have advised Gillispie to be more prudent with respect to his statements to police. Often, making incongruous statements — such as claiming to be on the way to play golf at three in the morning — can greatly complicate one’s DUI defense.

If you’re arrested and convicted of driving under the influence in Los Angeles three or more times within a 10 year period, the consequences can be dire. At minimum, you face 120 days of jail time — approximately 4 months. At maximum, you face a full year behind bars. Third time offenders also face a year and a half of alcohol school (at minimum), a driver’s license suspension of three years (with no chance to get a restrictive license), and steep fines and court costs. If your case is more complicated — for instance, if your BAC level was extraordinarily high or if you caused injuries — you could be charged with a felony, which carries much stricter minimums.

Whether this is your first arrest for DUI in Southern California or your third, it likely behooves you to retain a top-notch area attorney. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers can deliver. Attorney Kraut boasts extensive training. As a Harvard Law School grad and former prosecutor who’s tried dozens of Los Angeles DUI cases from the other side, Attorney Kraut knows how to win hard arguments and build smart and efficient defense strategies.

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Mike Pihl, one of the featured loggers on the History Channel’s hit reality series, “Ax Men,” has been arrested in an incident that’s intrigued people who follow celebrity and Los Angeles DUI cases. According to reports, Pihl drove a jeep with three children inside into a ditch. The vehicle flipped over three times. None of the children inside — all of whom were under five years of age — had been wearing seatbelts. Reportedly, one child sustained fairly serious injuries.

Oregon police did not arrest Pihl for driving under the influence — not because they didn’t suspect that alcohol was involved — but because Pihl had been driving on private property (his own driveway). Nevertheless, police did charge him with reckless endangerment and assault.

Even with a strong and seasoned Los Angeles DUI attorney on your side, if you’ve been charged with driving under the influence with children in your car, you may face extremely aggressive treatment from prosecutors.

According to California Vehicle Code Section 23153(a), prosecutors can elevate what would otherwise be a standard misdemeanor DUI charge to a felony DUI charge, if another person or persons suffered injuries. Furthermore, according to California Vehicle Code Section 23153(b), if someone drives with a BAC of greater than 0.08% and then violates the law and causes injury, the Los Angeles DUI offender can face an array of punishments, including jail time, steep court costs and fines, and driver’s license suspension.

All that said, the law is not without subtlety. If you can prove, for instance, that you didn’t violate any traffic laws, you may be able to negotiate a felony down to a misdemeanor, even if you had been DUI and you did cause injury to another person.

To make your best case, however, you likely need to retain an experienced lawyer. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers spent many years working as a Deputy District Attorney for the city of Los Angeles. In that role, he prosecuted dozens of DUI cases. Having switched to representing DUI defendants, Attorney Kraut brings his wealth of prosecutorial knowledge to bear on every DUI defense he crafts. He gets results because he’s intimately familiar with the system and knows what kinds of arguments and strategies to employ.

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The CHP has informed all news agencies and the general public that Southern California will be the top priority for Los Angeles DUI arrests and enforcement for driving under the influence laws. According to law enforcement, starting tonight, September 4, 2009 at midnight until Monday September 7, 2009 at the same time, will be a high enforcement time for all law enforcement.

Police will be maxing out the number of officers on the roads to either run a Los Angeles DUI check point or pull over those they suspect of driving under the influence of alcohol or drugs. In California, an arrest for a violation of the California Vehicle Code section 23152(a) and 23152(b), can result in the following penalties occurring:

–Loss of driver’s license
–Jail sentence of us to 6 months for a first time Southern California DUI
–Huge fines
–Increased insurance bills for several years
–Criminal record
–Loss of job
–Strict terms of probation
These are just a few of the punishments that the court and the DMV can impose for a first time DUI. A conviction of a subsequent DUI will result in much more severe consequences and significant jail time.

A Los Angeles DUI defense attorney can make the difference between a Pasadena DUI, and beating the rap and remaining free. In many locations in around SoCal defense attorneys are attempting to protect their clients from the unfair treatment of over zealous cops.

For example, a Pasadena DUI defense attorney can reviews the facts concerning an arrest in the San Gabriel Valley.

A Burbank DUI defense attorney will review the facts of an arrest in the area between San Fernando and the Pasadena area. That is a prime location for driving under the influence arrests in the valley.

However, a Beverly Hills DUI defense attorney will be able to advise his clients on some of the more public arrests made by both the CHP and local police agencies. That is especially important since the paparazzi often hang out at the Beverly Hills courthouse to see the new celebrity DUI suspects.

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On Tuesday, Brazilian painter Romero Britto pled no contest to charges of driving under the influence. Like several other celebrities charged with Southern Florida and Southern California DUI over the past few months, Britto escaped with a relatively lenient sentence: six months probation; 100 hours of community service; a $1,000 fine; and a six month license suspension.

Britto, who’s had work commissioned by the Miami Dolphins (among others), was arrested back in March when he drove his black Bentley erratically along Washington Avenue in Miami Beach. An officer allegedly saw him nearly hit a parked car and pulled him over under suspicion of driving under the influence. Britto blew a breathalyzer reading of 0.16 — twice the legal limit for Los Angeles DUI. In addition, he failed a roadside sobriety test.

Had Britto been given the chance to consult with an experienced Los Angeles DUI attorney, he might have hesitated about taking that breathalyzer test.

According to solid scientific research, breathalyzer test results are often unreliable. Breathalyzers have trouble distinguishing ethanol (the active compound in alcohol) and other chemicals that may be on the breath. In addition, the early part of the breath may yield a far lower BAC reading than the later part of the breath (which is one of the reasons why officers often ask suspects to blow deeply into breathalyzers). Other factors can throw test readings off, including:

• The time the sample is taken
• Whether or not a suspect is diabetic
• Whether or not a suspect ate food before drinking
• Whether the suspect is a man or a woman
• Poor maintenance of machines
• Officer bias or error
• Calibration errors
If you’ve recently been pulled over for DUI in Southern California, you may need an aggressive, seasoned, and technically astute lawyer to explore your defense options. Los Angeles and Pasadena DUI Attorney Michael Kraut can provide a free, confidential analysis of your options today. Attorney Kraut spent years prosecuting DUI cases in Los Angeles and Southern California and he knows how to orchestrate solid arguments that can break down the prosecution’s case and deliver excellent results. With your future on the line, you need top notch legal counsel to battle for your rights.

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California courts have become more strict on driving under the influence cases (DUI) throughout Southern California. As the economy suffers and court budgets are barely paying for basic services, courts are increasing fines and mandating harsher sentences in DUI cases.

When a person is arrested for a DUI under California Vehicle Code Section 23152(a) and 23152(b), the prosecutor files the charges. A person charged with a DUI will then have to appear in court and should always be represented by a DUI defense attorney. In some cases a person will just show up to court without an attorney and will hope for the best. Most experts believe that is a very unwise decision. First of all, representation on a Los Angeles DUI case is very important. Second, an attorney who is not trained specifically on the complex nature of DUI cases will most likely not do the best for the client.

Often times a DUI defense attorney who is a former prosecutor will have the best knowledge of the case, the defenses and also will have previously worked with the prosecutor. These relationships are often priceless. If a prosecutor knows that he is not only facing a DUI defense attorney who knows the law, but also knows all of the ways to challenge the evidence, he may want to resolve a DUI case early with reduced or dismissed charges.

However, it is important to be very careful when picking your DUI defense firm. All to often the firm claims to be made of up of former prosecutors. However, the former prosecutor may only sign the client and never go to court. These firms are sometimes called “mills” because they charge a lower fee, but do not aggressively handle the case. The former prosecutor may sign the client but then passes the case over to a young attorney who does not have much experience, or was never a prosecutor at all.

The other concern is the actual background of their attorney. Even if the attorney was a former prosecutor, the client should find out where the attorney practiced when they worked for he government. Many “former prosecutors” have come to the Southern California area after they left the prosecutor’s office in different cities, or even a different state. Often times when a client asks the tough questions, they learn that the attorney was a prosecutor in Florida, or some other distance place.

Choosing a Los Angeles DUI defense attorney who was a prosecutor in the very court your case is going to be handled may be the most optimal. A DUI attorney who knows the judge, the court staff, the current prosecutor, and the law is probably the best of all situations to assist the client.

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An Indianapolis woman was recently arrested for a car crash that injured an 8 year old girl. The police arrested Juna Leon, 31, who now faces a DUI charge causing serious bodily injury.

Reports indicate that Leon was driving drunk when she ran a stop sign causing another vehicle to t-bone her car. The 8 year girl was ejected from the vehicle as a result of the crash.

In California, DUI with injury occurs when another person other then the driver is injured is charged under California Vehicle Code section 23153(a) and 23153(B).

In order for the prosecution to prove their case, they must prove beyond a reasonable doubt that the person at the wheel was driving under the influence of alcohol or drugs, and that as a result of driving under the influence, they caused an injury to another person. If the person at the wheel has a blood alcohol level over .08% by body weight, then there is a presumption that they are driving under the influence.

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People Magazine’s website has reported that Mischa Barton, a breakout star from the O.C. and a lead on The CW’s new show, The Beautiful Life, has been officially released from Cedar-Sinai Hospital following a week long stay for as yet unknown medical issues and psychiatric problems. The A-list TV actress had been arrested for a Los Angeles DUI in 2008 and convicted of a misdemeanor for which she received three years of probation.

At the time of Barton’s arrest last year, fans and industry insiders alike worried whether she could overcome her issues and keep her career on track. Barton surprised the naysayers by demonstrating a string of fine performances in her new CW soap. And the show’s EP, Ashton Kutcher, reassured a nervous network that “Mischa Barton is going great.” However, other sources reportedly close to the actress have expressed concern that Barton may still be struggling with extensive substance abuse problems.

It may behoove the starlet to consult a Los Angeles DUI defense attorney before her alleged problems lead her down the path of recividism. Individuals arrested multiple times for driving under the influence in Southern California can be subjected to an array of painful, long term penalties. For instance:

• Second time offenders – if convicted of two Los AngelesDUIs within a ten year period, you will face a mandatory minimum of four days in jail, 18 months in alcohol school, and significant court costs and fines. In addition, the court may suspend your driver’s license for up to two years and impose other penalties, such as ordering that you install an interlock device in your car.

• Third time offenders – if convicted of two misdemeanor Pasadena DUIs within a ten year period, you’ll be sentenced to a minimum of 120 days in custody, and your license could be suspended for up to three years. In addition, you’ll likely face stiffer fines and court costs, stricter probation terms, and other penalties.

• Fourth time offenders – if you’re convicted for four California DUIs within a span of just ten years, you’ll be sentenced to 180 days in jail… that is, if the court rules your charge a misdemeanor. A felony fourth time Los Angeles DUI can land you a prison sentence of up to three years – even if you didn’t injure anyone or cause damage to property. In addition, you’ll suffer a driver’s license suspension of four years and an array of increased fines and penalties.

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Roderick George Toombs, better known as the WWF’s “Rowdy” Roddy Piper, got hit hard with a charge of driving under the influence in Los Angeles on July 2 in Hollywood. The former archrival of “good guy” Hulk Hogan may face up to half a year of jail as well as significant costs, including an $1,000 fine and court costs, if he’s convicted of the misdemeanor.

In his heyday, Piper was a national celebrity. To date, he has continued to promote professional wrestling performances. He actually jumped into the ring in late April to do battle with other old time legends, such as “Nature Boy” Ric Flair and Jimmy “Super Fly” Snuka. Piper typically enters the ring to the tune of bagpipes and often plays off the stereotype of a drunken Scotsman.

The wrestler/actor was released on a $5,000 bail at 8:00 a.m. the morning following his arrest. As of this writing, it is not yet known whether Piper has procured the services of a Los Angeles DUI defense attorney.

Given how severe the punishment for a Los Angeles DUI can be, it’s important to understand what specifically police officers look for when they pull over suspects. Here are some common symptoms of DUI that police note in their arrest reports:

• Nonsense speech or incoherent mumbling
• Bloodshot eyes
• Reckless, wild, or negligent driving
• Inability to balance
• Poor pupil control
• Smell of alcohol on the person
• General fumbling and stumbling
• Disheveled appearance
• Inappropriate reactions to officer’s questions (e.g. giddiness/laughter)
• Incomprehensible or illogical explanation of driving behavior or of the evening’s events

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