DUI Consequences

January 19, 2011

Long Beach DUI Madness: News Roundup Yields DUI Goat, a 12 Time DUI offender, and More Weirdness.

Rarely do Southern California DUI stops play like something out of a bad 1980’s cop movie (or episode of Reno 911!). But last Wednesday, the California Highway Patrol pulled over a goat – yes, a goat – during a routine DUI stop in Riverside County. (Well, actually the goat wasn’t driving – the goat was a passenger in a car. But the story is nevertheless quite comical.)

Most defendants struggling with charges of DUI in Glendale, DUI in Los Angeles, Pasadena DUI, or Burbank DUI are fortunate, in that their cases are relatively straightforward – or at least not embarrassingly absurd enough to merit a “news of the weird” mention in the paper.

In any event, when the CHP officer approached the truck near Mayberry Avenue in the town of Hemet, a (human) passenger fled the vehicle and almost immediately “fell flat on his face.” The female goat was likely stolen, according to a local animal services representative. By Thursday, the goat was “comfortably” at a local animal shelter in Riverside.

Meanwhile, across the country in Miami, 52-year-old David Hodge was arrested last Thursday for his 12th – yes, 12th – DUI. He remains in jail, at least as of this post, on a bail of $100,000. Yikes.

Often, police officers won’t see something as obvious as a goat in your truck to alert their suspicions. They thus look for subtler symptoms of DUI in Long Beach, including:

• Inconsistent stories about where you have been and where you are going;
• Erratic driving (e.g. swerving out all over the road);
• You smell like alcohol or there are open containers of alcohol in your car;
• You don’t respond naturally to officer’s questions;
• Your eyes are bloodshot or watery;
• Your speech is slurred;
• You lack coordination;
• You have difficulty following officer instructions.

Not everyone who exhibits these Long Beach DUI symptoms should be classified as actually DUI – for instance, you might have bloodshot eyes because you haven’t slept in two days (still not a good idea to be driving). Conversely, you can be DUI and NOT exhibit any of these signs.

This simple logical observation suggests that suspect should consult with a proven and results-oriented Los Angeles criminal defense attorney to combat charges. Someone like Michael Kraut of the Kraut Criminal & DUI Lawyers — (444 West Ocean, Suite 800 Long Beach, California 90802, Phone 562-531-7454) — can provide superior service for defendants.

Attorney Kraut attended Harvard Law School, one of the top law schools in the country, and spent 14 years as a city prosecutor for L.A., during which time he sought (and got!) stiff penalties against DUI drivers. In short, Attorney Kraut understands how the system works from both sides, and this makes him a potent criminal defense lawyer – not only trusted by clients and feared by prosecutors but also respected by impartial arbitrators, such as media organizations like CNN and the New York Times, who call upon him for expert advice on breaking DUI news stories.

January 17, 2011

Beverly Hills DUI Insanity: Actor Gary Busey’s Bogus DUI Arrest in Malibu Sends Bloggers into a Froth.

by Michael Kraut

Last Thursday, actor Gary Busey got pulled over on the Pacific Coast Highway under suspicion of a Los Angeles DUI, after two “reporters” told police that Busey had been driving his Mercedes erratically on the PCH. When Busey got stopped, the couple, Mark Abel and Patrice Karst, began snapping up photos – perhaps to try to sell to the tabloids for a pretty penny.

As anyone who has been pulled over for Burbank DUI, Glendale DUI, Los Angeles DUI, or Pasadena DUI can tell you, getting stopped by a police officer is both a harrowing and embarrassing ordeal. Although Mr. Busey himself was found to be “perfectly sober,” according to reports, both Karst and Abel got arrested at the scene for interfering with a DUI investigation. Furthermore, Karst got charged with illegal possession of marijuana.

Obstructing a police officer investigation is a criminal offence. It remains to be seen whether these two wannabe paparazzi will be prosecuted harshly. Gary Busey, meanwhile, must surely be traumatized by the incident. Several years ago, Busey was involved in a near fatal motorcycle accident. He has since devoted much time to speaking to motor safety groups.

Let’s take a deeper look at how a typical Beverly Hills DUI investigation actually works.

#1. Officer sees a sign that you might be intoxicated and pulls you over.

Perhaps you drove erratically, swerved out of a lane, or operated a vehicle with a broken taillight.

#2. Field sobriety tests administered.

The officer will administer field sobriety tests – FSTs – to determine whether you are under the influence or not. The FSTs include balancing tests, mental tests, tests of physical co-ordination, and a general “sizing up” of your demeanor, behavior and attitude.

#3. Chemical test given.

Depending on circumstances – for instance, if the officer smells alcohol on your breath or if you fail an FST – you may be asked to take a PAS (“Preliminary Alcohol Screening”) test, which will give a guesstimate as to your BAC level (Blood Alcohol Concentration).

#4. Arrest.

Depending on how you do on your tests, the officer may determine that you are in fact under the influence of alcohol or other intoxicants and place you under arrest.

A smart, experienced, and educated Los Angeles criminal defense attorney can provide much needed guidance if/when you or a loved one gets charged with a Beverly Hills DUI. LA criminal law is exceptionally complicated, and the penalties for conviction can include not just jail time but also license suspension, strict probation, steep fines, and many other unfortunate short and long-term consequences.

To protect yourself, connect with Attorney Michael Kraut immediately at the Kraut Criminal & DUI Lawyers. His local Beverly Hills offices are located at: 9107 Wilshire Boulevard, Suite 450, Beverly Hills, California 90210. Phone Number 310-550-6935.

Get solid help from a former Deputy District Attorney (city prosecutor) to forge your best defense today.

January 12, 2011

Long Beach DUI Defendants Pay Attention! Seattle Politico’s Reduced Sentence May Be Instructive

by Michael Kraut

When police arrest a driver for driving under the influence in Southern California, most people just assume that the driver must have failed a breathalyzer test or otherwise demonstrated a total lack of sobriety. But a hefty percentage of DUI cases involve surprisingly murky and grey situations. To wit, consider the case of Democratic representative Sharon Tomiko Santos, a Washington state senator arrested on I-5 in Seattle on July 2010 for DUI. Last week, she pled guilty to negligent driving charges coming off that arrest.

If you or a relative or a close friend faces scary charges of DUI in Glendale, DUI in Los Angeles, DUI in Burbank or Pasadena DUI, the trials and tribulations of representative Santos may be quite instructive to examine.

Let’s first look at the facts. According to both the Seattle Times and the Associated Press, Santos drifted out of her lane on I-5 in Seattle. An officer pulled her over. She admitted to having had three drinks. She did not do well on field sobriety tests. After having trouble with her FSTs, Santos took a breathalyzer test and blew a 0.77% — a little bit under the Southern California DUI limit (and Seattle limit) of 0.08%.

The officer who arrested Santos said that she had not blown hard enough into the machine. Santos’ attorney, William Kirk, retorted that “even though Ms. Santos blew under the legal limit, she was still arrested.”

As part of her plea deal, Santos must serve 20 hours of community service and pay approximately $15,000 in court fees and fines.

It’s very common for police officers to use breathalyzer tests on Long Beach DUI suspects. The breathalyzer is a simple machine with a better reputation in the general public than it has in the legal and judicial community. In fact, the sheer flimsyness of breathalyzer results may surprise you.

For instance, let’s say you blew a positive for DUI result. Your Los Angeles criminal defense attorney may be able to get the test results thrown out and the charges dropped or at least reduced significantly.

Curiously, neither the Seattle Times nor the AP article asked this key question: “what would have happened had Santos blown too hard into the machine?” Both studies and anecdotal evidence suggest that blowing too hard in a breathalyzer can yield a “false positive.” In other words, if you blow softly, you will get a wrong result one way; if you blow too hard, you will get a wrong result in the other way.

This is but one of the many serious flaws with breath testing. Good testing requires extremely delicate calibration. It demands near perfection from both the administrator and the administratee, which in practical terms almost never occurs.

Also note that breathalyzer tests don’t discriminate between men and women; don’t discriminate between diabetics and non-diabetics (diabetics produce chemicals on their breath that can change their BAC readings); and don’t discriminate between ethanol (the active compound in alcoholic drinks) and many other organic chemical compounds.

The long and short of it is that, if you have been charged with the serious crime of Los Angeles DUI, you need an attorney who understands the law and understands how to negotiate and deal with prosecutors. The Kraut Criminal & DUI Lawyers, located at 444 West Ocean, Suite 800 Long Beach, California 90802 (phone 562-531-7454) can provide crucial and timely assistance with your defense. Attorney Michael Kraut is a former Los Angeles Deputy District Attorney (high level prosecutor), and he uses his more than 14 years of experience as a former prosecutor – as well as the connections he formed — to provide his clients with truly top caliber help.

January 7, 2011

Burbank DUI Analysts and Sports Fans Alike Flummoxed by Former Bucs QB’s Tampa Arrest

by Michael Kraut

Outlets that cover stories of sports stars busted for driving under the influence in Burbank (and elsewhere) have been spilling a lot of ink over the Sunday morning arrest of Shaun King, a former quarterback for the Tampa Bay Buccaneers. The 33 year-old got pulled over on US 301; after King refused to take a blood alcohol test, he was arrested and held until the morning, when he made a bail of $500.

Those of you who’ve recently been arrested for Burbank DUI, driving under the influence in Pasadena, Glendale DUI, or Los Angeles DUI may have a visceral sense for the emotional challenges that the QB went through as he spent the night at jail. King played for both the Bucs and the Arizona Cardinals over 7 seasons and currently serves as an analyst for Bright House Sports Network and co-hosts a local Tampa Radio sports show. He actually appeared on his radio show the day after his DUI bust and issued thanks to supporters. He didn’t comment explicitly on his case and referred to it only as “a very unfortunate circumstance over the weekend.”

Shaun King’s reticence to discuss his charges publicly may seem “haughty” to fans who like to see celebrities air their dirty laundry as a kind of penance. But the practice of not saying too much during and after a DUI arrest is a savvy one. Providing too much unnecessary disclosure can actually hamper your ability to construct a top level defense.

Analysts should also note that King refused his blood alcohol test. In some senses, this is unsurprising. Burbank DUI breathalyzer tests are notoriously unreliable. The breathalyzer machine ostensibly uses sophisticated chemical methods to determine your blood alcohol concentration (BAC) level and thus give police officers information about whether you’re DUI or not. A BAC reading of 0.08% or greater is enough to get you tagged with DUI, although you can still be arrested in certain circumstances even if your BAC is below this cut off.

Why is the breathalyzer a less than an ideal method of “sussing out” BAC levels? Here are seven quick reasons:

1. Breathalyzer tests do not discriminate between men and women.
2. Diabetics can blow “false positives” on breathalyzers because chemicals in their breath interfere with the sensors.
3. Calibration errors can lead to false positives.
4. If you blow extra deep into the machine (like the officer might ask you to), you can actually register a higher BAC than you really have.
5. Improper care of breathalyzer can cause it to malfunction.
6. Poor administration of the machine can also lead to false readings.
7. Other chemicals aside from alcohol can influence the breathalyzer.

To construct an appropriate Burbank DUI defense, connect immediately with an experienced Los Angeles criminal defense attorney. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers can provide immediate assistance for Burbank DUI defendants at 818-563-9810. His offices are conveniently located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505. Mr. Kraut is a former prosecutor who boasts a Harvard Law School education and a nearly perfect record at jury trials.

January 5, 2011

Pasadena DUI Madness: Two Stunning New Year’s DUI Stories Shock the Southland

by Michael Kraut

With the ringing in of the New Year, one might expect to hear stories about elevated numbers of Pasadena DUI arrests and extra checkpoints around the Southland. But two breaking news events suggest that 2011 has gotten off to an extra rocky start, as far as Southern California DUI news is concerned.

If you or a co-worker or friend got tripped up with a Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI around New Year’s, at least take solace that your relatively pedestrian arrest did not evolve into anything like the following two catastrophic and complicated events:

1. Flight of DUI Fancy
KTLA has reported that a Fontana man who fled a DUI checkpoint barricaded himself into random house on Sierra Avenue. Police at first suspected that the desperate man had taken hostages. A SWAT team was called in to resolve the situation. After a traumatic night, police finally fired tear gas into the home, driving the man outside, where he surrendered. Although the man was injured, no one else got hurt, fortunately.

2. Pedestrian Tragedy
The San Diego Union Tribune reports that a pedestrian got hit and killed by an allegedly DUI driver in La Mesa on Murray Drive, just one hour after New Year’s had rung in on the West Coast. 40-year-old Dana Lohner was arrested and taken into Las Colinas jail after she allegedly hit and killed 53-year-old Kelly McPherson.

Both of these stories deal with the complication of injuries and DUI. What happens if you hurt someone while you are under the influence of drugs or alcohol? How can you build a defense? What strategies should you employ to improve your odds of getting good and fair results?

To answers these questions, we need to delve into what the law says about Pasadena DUI with injury. California Vehicle Code Sections 23152(a) and 23152(b) deal with so-called “typical” DUI arrests. Basically, these are misdemeanor charges: although punishments can be serious, they are not serious as a felony charges.

When you hurt someone while driving DUI in Pasadena (or elsewhere in Los Angeles County), you can be charged under two different California Vehicle Code Sections – 23153(a) and/or 23153(b). If you are convicted, what ordinarily might be a misdemeanor will get elevated to a felony charge. You could thus face more jail time, stricter terms of probation, a lifetime loss of your right to vote in elections, problems getting credit and employment down the road, and many other hassles too numerous to summarize in this blog post.

Whether you’ve been slapped with a minor misdemeanor charge or a serious felony charge for hurting someone while driving under the influence, you need and deserve good legal representation. The Kraut Criminal & DUI Lawyers — located at 790, East Colorado Boulevard, 9th Floor, Pasadena, California 91101 (Phone 626-345-1899) — can provide critical services to aid in your defense. Attorney Michael Kraut attended Harvard Law School and served as a city prosecutor for over a dozen years before turning his attention and talents to criminal defense. A Los Angeles criminal defense attorney like Michael Kraut can provide you with the strategic assistance, and tactical know-how to respond most effectively to your legal trouble.

January 3, 2011

Beverly Hills DUI Breaking News: Nicole Richie’s Probation Cut Short by a Month

by Michael Kraut

Many stories involving Beverly Hills DUI deal with tragedy and heavy circumstances. But a recent tabloidesque story out of The Hills has riveted the nation’s attention for its sheer frivolity. Reality TV star Nicole Richie has received a reprieve: her probation for 2006 arrest has been cut short by a month, after her attorney demonstrated that she had attended her alcohol ed classes and met all the conditions of her sentence.

If, like Ms. Richie, you’ve recently been tagged with a charge of Glendale DUI, DUI in Pasadena, DUI in Burbank or DUI in Los Angeles, you may find it interesting that 29-year-old managed to speed up her sentence, even though she got in trouble in June 2010 for missing her court ordered classes. Like her fellow trouble-making celebutantes, Paris Hilton and Britney Spears, Richie garnered much public opprobrium for her misbehavior. Her 2006 DUI arrest was particularly scary. She drove the wrong way down a freeway in LA while under the influence – a terrifically dangerous act that easily could have killed someone. Now that she has two kids, Richie appears to be deeply contrite about her past actions. She said: “there is absolutely no way I will do anything like that again… I am in a completely different place now I have… I have to really be someone I want my child to look up to.”

So what are some typical penalties for Beverly Hills DUI?

It’s hard to say specifically what prosecutors will throw at you unless more details are known.

• If you are a multiple offender – that is, if you get convicted for DUI more than once within 10 years, your penalties will go up quite significantly.
• If you hurt someone while DUI in Beverly Hills, what ordinarily might be a simple misdemeanor offense will be charged as a felony.
• The court will look at things like the severity of your DUI, whether you cooperated with police or not, whether you demonstrate contrition or not, and whether extenuating circumstances existed.
• Even for a first time DUI misdemeanor, you can get a minimum of 48 hours in jail, a one-year license suspension, a mandatory installation of an IID device in your vehicle and other punishments.
• At the more elevated end of the punishment spectrum, if you get convicted of DUI murder in Southern California, you could face 15 years to life behind bars.

To navigate your defense, turn to an expert and experienced Los Angeles criminal defense attorney. Local Beverly Hills lawyer Michael Kraut (9107 Wilshire Boulevard Suite 450, Beverly Hills, California 90210. Phone: 310-550-6935) can provide timely, superior service. As a former Deputy DA for the City of Los Angeles, Mr. Kraut understands Southern California DUI law from both a theoretical and experiential point of view. He has demonstrated tremendous success at trial and uses his many key relationships to deliver best result for his clients.

December 20, 2010

Burbank DUI Bombshell: Local Poker Players Shocked as World Series Runner Up Socked with Third DUI

by Michael Kraut

Everyone in the world of poker knows that driving under the influence in Burbank (or, really, anywhere in the United States) is bad news. Unfortunately, John Racener, Runner Up in the 2010 World Series of Poker’s Main Event, may not have gotten the memo. According to a report out of St. Petersburg, Florida, Racener got arrested on December 11 for his third DUI, after police stopped him near South Westland Ave and West Azeele Street.

If someone or you care about has been recently pulled over under suspicion of a Burbank DUI, Pasadena DUI, Los Angeles DUI, or Glendale DUI, Racener’s story may sound uncomfortably familiar. Just last month, the 24-year old won $5.5 million in Las Vegas. But all his earnings may not be enough to prevent him from seriously harsh penalties. According to the St. Petersburg Times, “Racener has been arrested in Hillsborough County three times before – on charges of driving under the influence in 2005 and 2006 and on a misdemeanor battery charge in 2009.”

Racener allegedly refused a blood alcohol test and made a bail of $1000 to secure his release.

As we’re going to see in a moment, the more often you get arrested and convicted for DUI charges, the more uncomfortable the penalties become. For instance, a first time Burbank DUI offender might get a misdemeanor and be subjected to court penalties such as 48 hours in jail (max six months); court costs and a fine of a $1000; a full year license suspension; six weeks minimum DUI alcohol school; and formal or informal probation.

A second time misdemeanor DUI within 10 years results in an increase in your jail time and alcohol school minimums, doubles your license suspension, hikes up your court costs and fines, and leads to potentially other punishments.

If you get convicted of three DUIs within a decade – a la John Racener – a 3rd time misdemeanor offense will land you a minimum of 120 days in jail with a maximum of a full year. Your other penalties (e.g. alcohol school, license suspension, fines, etc) will also hike up.

Beyond this, extra DUI convictions within 10 years will lead not only to more penalties but also to potential felony convictions for what ordinarily would be considered a misdemeanor offense.

All of this is to say that a Burbank DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers, may be an essential person to call if you or someone you care about faces charges. Whether this is your first arrest in your life for anything or whether you have a criminal record already, connect with Attorney Kraut’s Burbank offices at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505. Or dial 818-5639-810 for immediate help.

Attorney Kraut has a Harvard Law School education, and he has been featured as an expert on DUI law by CNN, ABC News, KTLA Channel 5, and the Burbank Ledger.

December 15, 2010

Los Angeles DUI News has Amazing Breakthrough: Suspect Accused of DUI Falls Down Drunk in Front of Judge

by Michael Kraut

Let’s face it: many Malibu DUIs stories take wild turns towards the bizarre. Witness Mel Gibson’s infamous 2006 arrest on PCH or the many incidences of lawnmower DUIs here in California and elsewhere in 2010.

If someone you care about has been arrested for driving under the influence in Burbank, DUI in Glendale, Pasadena DUI, or Los Angeles DUI, you will undoubtedly be better prepared to handle the charges than 41-year-old Mark Watson, an Oklahoma man who collapsed from alcohol intoxication in front of the judge at his own DUI trial.

According to a CBS affiliate out of Bartlesville, Oklahoma, Watson was arrested last Monday morning after he failed a breathalyzer test. He allegedly tried to speed away from an accident and assaulted a police officer – all while driving under a suspended license.

According to the arrest report, Watson responded to officer questioning thusly: “I am (expletive removed) drunk, I was driving but I did not run the stop sign. That (expletive deleted) hit me…”

“I ain’t taking take no (expletive deleted) test. I’m (expletive deleted) drunk. I’m blind anyways and I can’t drive.”

At some point during the arrest, Watson allegedly kicked one of the officers.

Pursuant to his bizarre court appearance, the District Attorney’s Office in Washington County, Oklahoma is preparing to file additional charges.

Unfortunately, many people who get pulled over for suspicion of DUI or driving under the influence of intoxicants panic and make irrational, dangerous decisions that only exacerbate their legal problems. For instance, a misdemeanor DUI could be elevated to a felony if you flee the police. If convicted of stiffer charges, you could face more jail time, steeper fines, and a battery of other long-term penalties.

The difference between a misdemeanor and a felony can be enormous. If you cause injury to somebody else (in your car, pedestrian, other driver, etc) while DUI, pursuant to California Vehicle Code Sections 23153(a) and 23153(b), an ordinary misdemeanor DUI can be raised up to a felony count. On top of hiked up insurance premiums, mandatory restitution to the injured, loss of your medical or other professional license, and other major consequences, your felony conviction will also result in the loss of your right to vote and long-term trouble finding employment, securing a loan and getting your credit score under control.

Whether you behaved reasonably after your Los Angeles DUI stop, or you made additional errors after the police flagged you that might compound and complicate your defense, now is the time to start thinking strategically and practically.

Los Angeles criminal defense attorney Michael Kraut of The Kraut Criminal & DUI Lawyers (based in Hollywood) can give you a free and no nonsense consultation about your best defense. Attorney Kraut understands Los Angeles DUI law, not only because he has proven himself as a successful defense attorney but also because he served for over 14 years as a prosecutor of DUIs. His multilayered understanding of the law allows him to negotiate more effectively with prosecutors and give his clients better results.

December 13, 2010

Pasadena DUI and Other Southern California Cities See Trouble for Gary Collins

by Michael Kraut

Gary Collins, the former host of Hour Magazine and emcee of Circus of the Stars, is facing some serious Los Angeles DUI problems. Last week, a judge in L.A. slapped him with a $100,000 arrest warrant after the ex-actor did not show up to a November 14 progress report regarding his 2007 DUI arrest.

If you only face a simple misdemeanor charge for Los Angeles DUI, Burbank DUI, DUI in Pasadena, or driving under the influence in Glendale, you should be thankful that your legal situation is not as complicated as Collins’ is. The 72-year old has been arrested multiple times since 2002 on charges of driving under the influence. His 2007 Los Angeles DUI charge netted him four days in jail. And, as this blog reported earlier a few weeks ago, Collins now stands accused of a misdemeanor hit and run DUI in Mississippi. The actor allegedly drove his jeep into a car carrying a family of three, leading to a multicar pile up. Collins also fled the scene of the accident, according to the family.

Had Collins shown up for his November 4th progress report, he likely would have lost his probation pursuant to his 2007 case, according to media analysts. Now, he will likely have to serve jail time.

Collins’ difficulties with the law have been well documented (and blogged about) for years. But many people (and many new DUI defendants… and friends and relatives of defendants) are still unclear about what a DUI actually is and how officers judge whether someone stopped at a traffic stop is under the influence of alcohol.

To review, here is a quick list of “symptoms” of Los Angeles DUI:

• Failed breathalyzer test (a BAC reading of 0.08%+).
• Failed blood or urine test.
• Failed horizontal gaze nystagmus test.
• Failed balance tests, such as finger to the nose, Rhomberg, and walk the line.
• Failed test of mental coordination, such as counting backwards and reciting alphabet backwards.
• Odor of alcohol on the person.
• Admission to drinking.
• Slurring words, making incoherent or inappropriate remarks to police officers.
• Bloodshot, teary eyes.
• General fumbling behavior.
• Alcohol on the breath.
• Open container of alcohol in the car.

Although a person who exhibits all of these “symptoms” might expect to be arrested, you’d be surprised at how difficult it can be to clearly identify someone as under the influence of alcohol or drugs – even using seemingly scientific tests like the breath, blood, and urine tests. The reality is that all of the major tests are subject to calibration and interpretation errors. They can be compromised by bad police work and by chemical factors. Independent studies show that they generally are less reliable than most people believe them to be.

Furthermore, the signs of DUI may not necessarily indicate DUI. For instance, say you get pulled over and an officer notices that you have bloodshot eyes and you can’t answer questions coherently. It could just be that you are tired and nervous from studying all night… or staying up to counsel a friend who has had an emotional problem. This would explain the bloodshot eyes and the lack of continuity in your thoughts.

To develop a powerful defense, look to Los Angeles criminal defense attorney Michael Kraut, a former prosecutor who boasts excellent trial experience, good relationships with local prosecutors and judges, a terrific track record for his clients, and a Harvard Law School education.

December 8, 2010

Los Angeles DUI for David Cassidy and his plea of “Not Guilty”has Celebrity DUI Bloggers Gossiping up a Storm

by Michael Kraut

As this blog and other news sources that follow Los Angeles DUI arrests reported a few weeks ago, Partridge Family star David Cassidy got pulled over on November 3rd by the Florida Highway Patrol for driving under the influence. Last week, Cassidy (via his attorney) entered a “not guilty” plea to the charges, prompting lots of gossip and speculation among the celebrity media.

Basic Allegations against Cassidy
Individuals pulled over under suspicion of driving under the influence in Burbank, DUI in Los Angeles, Glendale DUI, or Pasadena DUI recently might be somewhat sympathetic to Cassidy’s situation. But the allegations against the actor seem, at least on the surface, quite brutal.

Cassidy had attended a funeral earlier in the day and consumed one glass of wine, according to his account. Later on, he consumed hydrocodone, an opioid medication – just a few hours prior to his stop and arrest. The officer who pulled Cassidy over subjected him to several field sobriety tests, which were videotaped. The Dash camera footage from the police car clearly showed a wobbly Cassidy; he did not exactly pass his field sobriety tests with blazing colors. The officer also found a half opened bottle of bourbon in his vehicle. Two hours after Cassidy’s arrest, the former heartthrob took two breathalyzer tests and scored 0.141% and 0.139% respectively – significantly over the Florida and Southern California DUI limit of 0.08%.

Pursuant to Cassidy’s not guilty plea, the judge set a court date of January 18. All told, the actor stands accused of three different charges:

1. Driving with an open container (the bourbon).
2. Failure to maintain his lane.
3. Misdemeanor DUI.

If he is convicted of those charges, he could face fines of $1,000 and up to half a year in jail.

Anyone who has seen the Fox News video of Cassidy’s field sobriety tests might be tempted to prejudge a “guilty” verdict. But field sobriety tests may reveal surprisingly little information. In a Southern California DUI stop, an officer may subject you to both mental and physical tests, including the horizontal gaze nystagmus test (which measures pupil reaction timing); balancing tests (e.g. walk the line, one leg stand, Rhomberg, and finger to the nose tests); and mental tests (e.g. reciting the alphabet in reverse order and tackling a “counting backwards” task). Officers will also record any so-called “symptoms” of DUI, such as bloodshot eyes, odor of alcohol on your person, general klutziness, odd emotional reactions, slurred speech, and misbehavior.

Taken together, breathalyzer test results, field sobriety tests, accounts of “symptoms” of DUI, and officer testimony of erratic driving patterns can create a compelling argument that a suspect was in fact driving under the influence in Los Angeles. But it’s important not to jump to conclusions. For instance, someone like Cassidy might have been exhausted from attending an emotionally draining funeral; and this stress might have affected his performance on the FSTs. Likewise, someone who is extremely fatigued or sick – or who has recently been exposed to some kind of harsh chemical – may exhibit signs that mimic DUI symptoms, such as watery eyes, hazy memory, and lack of coordination.

All this is to say that, if someone you care about has been recently pulled over for driving DUI in Burbank or elsewhere in the Southland, your choice of legal representative can be crucial. Connect with Los Angeles criminal defense attorney Michael Kraut today to get a free confidential case evaluation. Attorney Kraut is a former prosecutor who attended Harvard Law School. He is regularly called upon by major media outlets to weigh in with his expertise on cases of note.