DUI Accidents

November 8, 2010

Breaking Southern California DUI News: Former Miss America Host Gary Collins Arrested for Hit and Run DUI in Mississippi

Gary Collins, the ex-host of “Hour Magazine” and the Miss America Pageant (1980 to 1988) may soon be arrested for a hit and run DUI in Mississippi, according to celebrity Los Angeles DUI blogs.

Although the 72-year old has not yet been arrested for DUI in Los Angeles, DUI in Burbank, DUI in Glendale, or DUI in Pasadena; he does have multiple DUI arrests on his record. In fact, in 2007, Collins got involved in a fatal accident while driving under the influence of alcohol. The police later determined that he did not cause the accident. Thus, he only faced a punishment of 4 days in prison and 4 years probation, after he pled no contest to charges against him. However, over the past 10 years, he has been arrested 3 times for DUI. During one incident, Collins allegedly had been driving with a blood alcohol concentration of 0.29% — more than 3 times the legal limit for Southern California DUI of 0.08%.

In this latest incident, Collins allegedly slammed his white jeep into the back of a car driven by a local woman named Cheryl Hales. After initially exchanging words with Hales and her husband, he fled the scene. According to reports, the former Miss America host “wasn’t concerned for my wife’s wellbeing… he wasn’t concerned for my child’s wellbeing. He simply walked over, got in his vehicle, and left.”

The latest news reports suggest that the Mississippi police are preparing an arrest warrant for the celebrity, who once appeared on shows like Charlie’s Angels and The Love Boat. Collins is married to Mary Ann Mobley, who once won the Miss America crown.

What lessons can we extract from this story?

One important point is that California law seeks to punish recidivist (repeat) DUI drivers by ratcheting up penalties for multiple offenses. For instance, a first misdemeanor DUI offender may be hit with serious penalties – such as 48 hours in jail, fines of $1000 on top of court costs, a full year of CA driver’s license suspension, mandatory alcohol school, serious probation, and mandatory interlock ignition device installation. But these admittedly strict penalties can really only constitute the beginning of what the court can throw at you.

If you are convicted a second time for Los Angeles DUI within a 10 year period, you face more jail time, more alcohol school, a license suspension that’s twice as long, bumps in your court costs and fines, and more.

If you get convicted three times within 10 years, your jail time leaps up to 120 days minimum… with a maximum of a full year behind bars. Your alcohol school time goes up, as does your license suspension, fines, and other penalties.

If you get convicted four times or more within 10 years, a standard misdemeanor might be bumped up to a felony. A felony is a much more serious charge than a misdemeanor. If you are convicted of a felony, you can permanently lose many rights you now have as a citizen.

In the case of Collins, the fact that he fled the scene of the accident (allegedly) might elevate his charge from a misdemeanor to a felony, even if it were his first offense.

Whether you face a simple charge of non-injury DUI in Los Angeles; or you face a much more complicated and multi-layered charge of hit and run injury DUI in Pasadena, you could benefit significantly from consulting with a reputable and credentialed attorney.

November 1, 2010

Los Angeles DUI Fatality – Pedestrian Killed in a Gruesome School Bus Crash

by Michael Kraut

Last Monday, a fatal Los Angeles DUI incident shocked and outraged the community. A black BMW swerved out of control into a pedestrian, killing him, and then crashed into a school bus, injuring dozens of kids. If you have been recently arrested for a non-injury DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI in Los Angeles; this horrific story can serve as a crucial cautionary tale.

According to UPI reports, several witnesses saw a BMW fly through a red light, slam into a pedestrian, and then crash into a bus carrying students from Los Angeles’s Roosevelt High School, flipping it over onto a Metro Link platform. After the crash, the BMW’s driver and a passenger got out of the vehicle and tried to escape on foot. But a pair of construction workers saw them, ran after them, and detained them until police showed up and took them into custody. Of the 54 students on the bus, 16 got treated for non-critical injuries.

If the allegations turn out to be correct – that the BMW’s driver did hit and kill someone while DUI and then fled the scene of the crime – then the driver could get into profound amounts of trouble. The state takes the crime of driving under the influence extremely seriously. Even if you don’t hurt anyone or cause any property damage, if you get behind the wheel of a motor vehicle with a blood alcohol concentration of 0.08% or higher, or if you otherwise drive under the influence of alcohol, drugs, or even prescription medications, you can be arrested and charged pursuant to California Vehicle Code Sections 23152 (a) and/or 23152 (b). Your punishments can range widely and can include jail time, license suspension, extremely strict probation terms, steep fines and court costs, and mandatory interlock ignition device installation.

If you hurt someone while driving under the influence in Pasadena or elsewhere in the Southland, your charges can be ratcheted up significantly. Then you might be subject to California Vehicle Code Sections 23153 (a) or 23153 (b), which elevate what might be a misdemeanor charge to a felony — a significantly more substantial charge.

And if you drive while DUI and cause someone’s death, you can be hit with a variety of charges, depending on the circumstances of your accident, including:

• Vehicular homicide
• Vehicular homicide with gross negligence
• DUI murder (aka “Watson murder”)

If you face any DUI count, a conviction can impact your financial future and even your freedom. To protect yourself, consider retaining an experienced Southern California DUI attorney.

October 20, 2010

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

by Michael Kraut

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

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

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

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

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

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

Horizontal Gaze Nystagmus Test

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

Walk the Line Test

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

One Leg Stand Test

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

Rhomberg Test

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

Finger to the Nose Test

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

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

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

October 6, 2010

Los Angeles DUI Murder Conviction for 23-Year-Old who Killed Angels Pitcher

by Michael Kraut

Last week, a jury convicted 23-year-old Andrew Gallo of Southern California DUI murder in a widely publicized case regarding the DUI deaths of Nick Adenhart (a pitcher for the Los Angeles Angels) as well as a Cal State cheerleader named Courtney Stewart and another passenger, Henry Pearson. This blog has reported multiple times on Gallo’s case and his legal travails. Since Gallo had been convicted previously of driving under the influence in Southern California, prosecutors sought a murder charge – as opposed to a standard vehicular manslaughter charge – because based on his experience with the court system and his alcohol education, Gallo should have realized that the accelerator pedal can be a lethal weapon.

The jury listened to heart-rending testimony, such as the testimony of Raymond Ravera, Gallo’s step-brother — the designated driver for the evening who got drunk himself and who encouraged Gallo to drink more alcohol even after he (Gallo) wanted to stop and go home.

When someone kills someone else while driving DUI in Long Beach, Burbank, or elsewhere in the Southland, prosecutors can choose from several different charges. Vehicular manslaughter is one of the most common. Gross vehicular manslaughter is a more serious charge – pursuant to Penal Code Section 191.5(a), prosecutors must show that the person who drove under the influence in Long Beach and killed someone:

• Had a BAC of 0.08% or more;
• Committed an act — such as a driving infraction or a misdemeanor, like running through a red light — that could kill someone;
• The defendant did this act with “gross negligence” – a kind of carelessness that goes beyond normal inattention and bad judgment: a reasonable person would know that the behavior could cause serious injury;
• The gross negligence must have led to a person’s death.

Southern California DUI murder is a charge even more serious than gross vehicular manslaughter while intoxicated. A prosecutor generally must show that the defendant already had a DUI conviction – and thus clearly and explicitly understood the dangers of driving under the influence.

If you or someone you care about has been recently arrested for driving under the influence in Long Beach (or elsewhere in the Southland), your legal representation can make a huge difference in terms of what punishments you get (if any), and how long your legal battle will last.

An experienced attorney – particularly someone who has credentials as both a prosecutor and a Los Angeles DUI defense attorney – can help you develop an aggressive and legally sound defense.

October 4, 2010

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

by Michael Kraut

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

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

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

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

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

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

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

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

September 20, 2010

Trial Opens in Heartbreaking Celebrity Los Angeles DUI Murder Case

by Michael Kraut

The death of Angels’ pitcher Nick Adenhart in a multi-fatality Southern California DUI crash two years ago shook the Southland and touched many people here. Last week, in Santa Ana, a court heard testimony from Raymond Rivera, the stepbrother of Andrew Gallo, the driver who caused the crash that killed Adenhart along with 25 year old Henry Pearson and 20 year old Courtney Stewart.

According to Rivera’s riveting testimony, he and Gallo had been drinking at various Southland bars. Since Gallo had a DUI conviction from 2006, Rivera promised to drive him around that night. Unfortunately – and ironically – the night had been going well for Gallo: he was celebrating a new job and cavorting with a new girlfriend. According to the testimony, Rivera encouraged Gallo to continue drinking even after his stepbrother insisted that he wanted to go grocery shopping and then go home.

Gallo allegedly had a BAC more than three times the Southern California DUI legal limit (0.08%). Since he signed a document in 2006 (after his earlier Southern California DUI conviction) stipulating that he knew that driving under the influence could lead to death, prosecutors may seek a DUI murder conviction.

If you kill someone while driving under the influence in Long Beach or elsewhere in the Southland, prosecutors can hit you with diverse charges, including DUI murder (the most serious) as well as vehicular manslaughter or manslaughter with gross negligence. The more serious the charge, the higher the burden of proof will be. In order to prove a DUI murder charge, for instance, prosecutors generally must show that defendant had a Los Angeles DUI prior, at minimum.

Whether you face a very serious charge, such as DUI manslaughter or hurting someone while driving DUI in Long Beach (pursuant to California Vehicle Code sections 23153(a) and 23153 (b)), likely, you need solid legal representation.

August 29, 2010

Celebrity Los Angeles DUI Bloggers Muse Fate of George Michael, as Wham! Singer Slams into London Storefront

by Michael Kraut

Celebrity blogs and other media that cover Southern California DUI events have been bubbling over about the latest charges against former Wham! singer George Michael. The 47-year-old 80’s pop icon got arrested in London on July 4 after he crashed his Range Rover into a photo shop in London. The pop star tested negative for DUI but positive for driving under the influence of marijuana (in England the charge is called “unfit to drive through drugs”), and he now faces serious penalties, including potentially a long stint in jail.

George Michael has been investigated by police seven times over the past six years for driving related incidents. Three times, he has been found by police unconscious behind the wheel. The first was in February of 2006, when he received a citation for smoking marijuana. Months later, he crashed his vehicle after he fell asleep. A few months after that, he also fell asleep behind the wheel, allegedly due to drug use.

George Michael has publicly admitted to smoking 25 joints a day (although, allegedly, according to UK tabloid reports, he is down to “seven or eight” a day now). The Wham! star had been attending a London gay pride event before he smashed his truck into a store named Snappy Snaps.

The sad and disturbing travails of the 80’s pop star (whose real name is George Panayiotou) highlight how difficult it is for certain people to “get out of” destructive behavior cycles. Unfortunately for these recidivists, Beverly Hills DUI law does not take kindly to repeat offenders. Indeed, if, within 10 years time, you get convicted of two charges of Los Angeles DUI, you can face a two-year driver’s license suspension, mandatory 96 hours in jail, a year-and-a-half’s worth of alcohol school. The court may also impose additional penalties and restrictions – such as difficult probation terms.

Third time offenders can get increased penalties above and beyond that – including, most notably, 120-day minimum jail sentence.

Fourth time offenders get a minimum of 180 days in a county jail.

In certain multiple-DUI situations, what would ordinarily be a misdemeanor Hollywood DUI charge could be elevated to a felony – even absent any additional complications (such as hurting someone while DUI, causing serious property damage or being involved in a hit and run).

Whether you have a history of driving like George Michael, or you are a first time offender who is confused and scared, you could almost certainly benefit from a consultation with a trained and experienced Los Angeles DUI attorney.

August 9, 2010

Southern California DUI Rampage Leaves Several Injured; San Francisco Giants Outfielder’s Brother Named as Culprit

by Michael Kraut

Last Sunday, residents of the sleepy town of Danville witnessed a shocking multiple hit and run Southern California DUI rampage involving Cainan Schierholtz, the brother of Nate Schierholtz, an outfielder for the San Francisco Giants. All told, the 23-year old Schierholtz allegedly hit a bicyclist, a pedestrian, and several cars and trucks before he was stopped.

Diagram of a Rampage
The insanity began around 10 in the morning on Sunday, when police officers heard a report that someone was driving DUI near Railroad Avenue and Danville Boulevard. Schierholtz by that time had probably already hit his first victim – a bicyclist on Danville Blvd. Rather than stop to help the bicyclist, Schierholtz continued forward and rammed into a pedestrian. Again, he did not stop and instead swerved into another lane and slammed into a pickup truck. Again, he didn’t stop. He pulled onto Linda Mesa Avenue and smashed into a Lexus SUV. Meanwhile, the driver of the pickup followed him onto Montair Drive.

The suspect was cornered on that dead end street and blocked by the pickup truck. He was at that point driving with his airbags deployed (but still managing somehow to move forward). But because the pickup truck blocked him, he got stuck. The pickup truck driver and local neighbors surrounded and subdued him before police got to the scene and arrested him.

Schierholtz was held on $350,000 bail and charged with multiple counts of Southern California DUI causing injury, three counts of injury hit and run, and two counts of property damage. And to top it off, the 23 year old was charged with driving without a license.

Fortunately, no one appears to have been severely injured during the rampage. But Schierholtz faces a huge legal battle. According to California Vehicle Code Sections 23153 (a) and 23153 (b), a typical count of Los Angeles DUI can be elevated to a felony if a driver under the influence causes injury to another person. Felony charges are more serious than misdemeanors. If you are convicted of a felony, for instance, you will lose your right to vote, and you may find it very difficult to get loans, find employment, and qualify for a lease on a car or an apartment.

If you are arrested for a DUI in Glendale or DUI in Pasadena and charged with injuring someone while under the influence, you will need to put together a strategically engineered defense. Depending on the circumstances, you could try to get the charges dropped altogether. In other cases, you may seek to plea bargain down the charges. For instance, in exchange for prosecutors not charging you with injury DUI in Pasadena, you might accept a lesser charge of a simple Los Angeles DUI, pursuant to California Vehicle Code Sections 23152 (a) or 23152(b).

In any event, chances are that you need a time tested attorney on your side to advise you and suggest a strategic way forward.

June 2, 2010

Southern California DUI Blogs Report on Wrongful Death Settlement in Case Involving Major League Ball Player

by Michael Kraut

An unfortunate number of Southern California DUI cases involve athletes, politicians, actors, and other celebrities. But the Southland isn’t the only place where tragic accidents happen. Indeed, Southern Florida has also played host to a cascade of DUI tragedies involving celebrities (from hip-hop moguls to athletes). On May 24th, a settlement was announced in one of the most heart-rending recent DUI cases – Jim Leyritz, a former major leaguer who played for the Yankees and five other teams, settled for $350,000 pertaining to a DUI related car crash that left a Florida women, Fredia Veitch, dead.

The December 2007 crash occurred in Fort Lauderdale at 3 in the morning. Veitch had been a passenger in Leyritz’s car. Both were under the influence, and neither had been wearing a safety belt. According to the terms of the settlement, Leyritz’s insurance company will pay out $0.25 million to Veitch’s family at a rate of $1,000 a month for 100 months. Later this year, Leyritz is scheduled to face DUI manslaughter charges. Although he earned upwards of $10 million from playing in the major leagues, according to the plaintiff’s attorneys, he no longer has significant assets aside from his MLB pension.

A charge of Southern California DUI manslaughter can lead to extended jail time as well as a host of other penalties. But did you know that Southern California DUI law distinguishes between DUI manslaughter due to ordinary negligence and DUI manslaughter due to gross negligence? This distinction is important, particularly when it comes to sentencing.

If prosecutors can prove that you violated Penal Code Section 191.5(a) (gross vehicular manslaughter while intoxicated), you can wind up with a much longer sentence. So the debate over whether you exhibited “gross negligence” or not becomes key. A Long Beach DUI attorney can help you challenge charges by digging into toxicology reports, taking statements from witnesses and vetting them, analyzing police reports, and otherwise searching for evidence or arguments that can exonerate you or at least reduce the severity of the charges.

Of course, any charge of Southern California DUI manslaughter – whether it involves a baseball player or a non-celebrity – requires delicate and sympathetic handling. A seasoned attorney can provide a powerful defense.

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.