DUI Consequences

August 11, 2010

Los Angeles DUI Experts Closely Watch Virginia Case; Man Accused of Killing Nun May Face Murder Charges

Southern California DUI experts are monitoring a breaking case out of Virginia involving a recidivist DUI driver who allegedly slammed into a car full of nuns, hurting two of them and killing one of the sisters. This epic tragedy made national headlines and sparked debate among the legal community – particularly since the county prosecutor plans to seek a DUI murder charge against the suspect, 23 year old Carlos Montano.

Prior to this incident, Montano had been twice convicted for DUI, and his license had been revoked for DUI reasons. So he never should have gotten behind the wheel in the first place. Allegedly, he was driving southbound on the highway, when he veered out of his lane, smashed into a barrier, and crossed over to the northbound side, where he hit a car carrying the nuns head on. 66-year old Sister Janet Mosier died on the scene, while sisters Charlotte Lange and Connie Lupton suffered critical injuries and got med-evaced to nearby Fairfax Hospital.

Montano was arrested and charged with involuntary manslaughter as well as driving under a revoked license. Apparently, Montano was also in the United States illegally, and Paul Ebert announced last Tuesday that he plans to charge the man with DUI murder.

Obviously, this situation is a terrible tragedy, and it drives home the point that anyone who drives under the influence in Long Beach or anywhere else in Southern California risks hurting or even killing other people and suffering grievous consequences themselves.

A DUI murder charge – also known as a Watson murder – is a second degree murder charge. It can result in penalties of 15 years in prison up to life in prison. Watson murder cases are very rarely charged – in most instances of Southern California DUI related homicide, prosecutors will seek something like “gross vehicular manslaughter while intoxicated” pursuant to Penal Code Section 191.5 (a) – itself a very serious charge but not as serious as a Watson murder charge. In Southern California, to prove a Watson murder case, a prosecutor usually has to show that the defendant has multiple prior Los Angeles DUI convictions and that the person drove with “implied malice” – in other words, he or she had a clear understanding of the dangers but chose to ignore them. And by choosing to ignore them and by driving under the influence in Long Beach (or wherever), he or she caused the death of another human being.

Of course, even if you face a relatively “pedestrian” charge of driving over the California legal limit of 0.08% in Long Beach, you could face tremendous problems, such as a revoked CA drivers’ license, mandatory interlock ignition device installation, jail time, and steep fines.

You want a creditable, successful attorney to suggest solutions.

August 4, 2010

A Lesson for All Would-Be Southern California DUI Drivers: From a 13-Year-Old Girl

by Michael Kraut

No one disputes that driving DUI in Los Angeles is dangerous – and that conscientious people should do everything in their power to prevent friends and relatives under the influence from getting behind the wheel. But a rare story out of Islip, New York drives home this point in emotionally compelling fashion. The story involves a 13-year-old girl who called 911 after her mom insisted on driving DUI in spite of having her and her 10-year-old brother as passengers.

CNN reported that the 13-year-old daughter of Jamie Hicks called 911 last Sunday, while her mom was weaving on I-84 near Connecticut. The New York State Police pulled Ms. Hicks over and arrested her after she failed a field sobriety test. Her BAC level tested at 0.18% – more than twice the legal limit for Southern California DUI. According to CNN, Ms. Hicks will appear in court on August 17th to face an array of charges, including charges of endangering minors.

It obviously took guts for the young woman to call the police — she clearly did not want to see her mother put behind bars — but perhaps her act averted disaster.

Moving to another important general lesson, let’s talk again about Southern California Field Sobriety Tests (FSTs) – what they are, how they have bearing (or not) on cases, and what you should do if you’ve been arrested for driving under the influence in Pasadena — hopefully not with young children in your car.

Field Sobriety Tests are mental and physical exams given by police officers. A common mental test involves saying the alphabet backwards. Physical exams include the horizontal gaze nystagmus test, which is essentially a pupil reaction time test. DUI individuals tend to have slower reaction times. Balancing tests include: walk the line, one leg stand, finger to the nose and rhomberg (where you tilt your head backwards and count from 1 to 30).

In theory, Field Sobriety Tests (FSTs) should do a pretty good job determining who is DUI in Pasadena and who is not. But in practice, the tests can be extremely problematic. First of all, drivers pulled over under suspicion of DUI tend to be nervous, jittery, uncomfortable, nauseous, and otherwise out of sorts. Their behavior (e.g. stumbling and fumbling) may have nothing to do with whether or not they are under the influence and everything to do with their natural disposition or their feelings of fear. Also, the National Highway Traffic Safety Administration (NHTSA) has suggested that all but three of the FSTs that police officers typically use – the horizontal gaze nystagmus, one leg stand, and walk and turn tests – really don’t show a correlation between impairment due to alcohol and performance.

For example, someone who is DUI may have a fantastic memory and may be able recite the alphabet backwards by rote even with a BAC of 0.20.

If you have been pulled over for Southern California DUI, you likely need a smart and experienced attorney in your corner to investigate the arrest and help you come up with a strategy to deal with the charges. Sometimes that strategy may involve trying to get the charges excused completely. Other times, it might involve trying to plea bargain down the charges so you will face a lesser offense and reduced punishment.

August 2, 2010

Even Los Angeles DUI Veterans Stunned by Man’s 17th DUI Arrest

by Michael Kraut

You might think that Southern California DUI experts have seen at all – from celebrity arrests (e.g. Nick Nolte, Lindsay Lohan, Mel Gibson) to other bizarre stories we have covered here on this blog. But a breaking story out of Louisiana actually may take the cake for most jaw-dropping case of the year.

The Sun Herald reports that Jimmy Graves Jr. was sentenced last Wednesday to 5 years in jail pursuant to his 17th DUI arrest. The 40-year-old Gonzales got pulled over last May 11th with a BAC of 0.16% – exactly twice the legal limit of a Long Beach DUI. Initially, prosecutors charged Graves with a misdemeanor second DUI offense. But upon further consideration, prosecutors found that Graves had been pulled over for DUI 16 prior times (including both convictions and arrests) and sought to punish him more. The jury sided with the prosecutors and sentenced Graves to a day-for-day five-year prison sentence — without consideration for early release — due to his habitual offender status. Graves’ Long Beach DUI arrest (Long Beach, Louisiana that is) occurred at 12:30 A.M. while he was driving his wife to the beach for his birthday. He maintained up until the end that he was not guilty of the charge and that the breathalyzer Intoxilyzer 8000 had malfunctioned.

Now, in the case of a guy who had 16 prior DUI arrests, one might be very dubious of this defense. After all, fool me once, shame on you… fool me 16 times, shame on me.

However – although this blog obviously can’t say anything about this particular case – breathalyzer machines are far more fallible than most people (including most police officers and Los Angeles DUI defendants) realize. Breathalyzers fail to distinguish between men and women, who process alcohol at different rates. Breathalyzers have a hard time telling the difference between ethanol and other chemicals on the breath – particularly chemicals found in the breath of diabetics. The amount of food, the depth of the breath blown, the calibration of the machine, officer bias, and literally dozens of other factors can prejudice results, yielding false positives.

A savvy Long Beach DUI attorney can challenge your breathalyzer-related arrest. The key is retaining a Los Angeles DUI lawyer who has the knowhow, knowledge, and track record to get the job done.

July 28, 2010

Enough Prattle about Lindsey Lohan’s Los Angeles DUI Jail Sentence: Let’s Talk about Goats in Trunks

by Michael Kraut

For the past several weeks, blogs and even the mainstream media have been endlessly covering Lindsey Lohan’s Los Angeles DUI related jail sentence (stemming from a 2009 arrest). And it’s not just Lohan who has had to face the music – actor Chris Klein, 80’s rocker Jani Lane, and seemingly dozens of celebrities, sports figures, and politicians alike have been taking the lumps. But one non Los Angeles DUI story that’s gone completely under the radar – but which is nevertheless quite interesting – involves neither a celebrity nor an athlete nor a politician.

It involves a goat and a trunk.

Yup. You read that right. Here are the details.

On June 11th, a police officer in Bedford County Virginia pulled over a woman named Fiona Enderby for suspected DUI and discovered that she had a goat locked up in her trunk. The Sheriff’s Deputy “liberated” the animal and turned him over to new owners at a local farm, Johnson’s Orchards. The goat was humorously rechristened “Trunk” and, according to a local affiliate news source, he is getting a royal treatment now – “a fenced and aerated room, with a creek and plenty of trees for shade…and several other goats to play with, including female goats.”

Getting a little more serious, let’s return our attention to the laws governing Long Beach DUI arrests (and arrests for DUI elsewhere in Southern California). The California Vehicle Code Sections 23152(a) and 23152(b) spell out precisely what a charge of “DUI in Long Beach” constitutes and how it should be punished. According to the first statute, 23152(a), if a police officer stops you while you are driving a motor vehicle while DUI, you can be arrested and subjected to myriad punishments. The court can order you to spend time in jail, suspend your driver’s license, require you to install an interlock ignition device in your car, enforce terms of probation, and set other punishments. 23152(b) defines DUI in a different way – as having a BAC (Blood Alcohol Concentration) of 0.08% or greater. The same penalties spelled out in 23152(a) apply.

Obviously, only the small minority of DUI in Long Beach cases involve celebrities, politicians, singers, or goats. If you or a family member currently faces charges pursuant to 23152(a) or 23152(b), the quality of your legal representation can make a huge difference in terms of the sentence you get and whether or not you can put up stiff resistance to the charges.

So who should you get in your corner?

July 21, 2010

Celebrity Los Angeles DUI Bloggers Weigh in on RFK Jr.’s Wife’s Charge

by Michael Kraut

Two months ago, Mary Kennedy, the soon-to-be ex-wife of Robert F. Kennedy, Jr., was pulled over for DUI in Bedford, New York – a surprising arrest that sparked heated discussion among the bloggers and pundits who track celebrity Los Angeles DUI matters.

Background of her arrest follows:

On May 13th, the day after Mr. Kennedy filed for divorce, he and Mary Kennedy had a public fight regarding whether or not they should take their four children to a carnival. Officers got called to resolve the domestic dispute, at which time, according to police documents, Mr. Kennedy accused his wife of being “intoxicated and…acting irrational.”

On May 15th, the Bedford police pulled over Mrs. Kennedy at around 9:15 p.m. after she was seen driving onto the curb on Greenwich Road. The arresting officer noted that her speech was slurred, and her BAC tested at higher than 0.08% – the legal limit for DUI in Southern California as well as New York. To-date, neither party has made public comments on the upcoming divorce filing. On July 22nd, Mrs. Kennedy will have her day in court for her DUI.

Broader Implications
Whether you are pulled over for driving under the influence in Glendale or Bedford, NY, police will examine a range of evidence to render a judgment about whether you are DUI or not. The arrest report noted that Mrs. Kennedy had slurred speech, which can be a symptom of DUI in Glendale (or really anywhere in the country). What other symptoms do officers look for? Here is a partial list:

• Incoherent or inconsistent stories about where the person has been/is headed.
• Incomprehensible or overly slow or overly rapid responses to police questions.
• Slurred speech.
• Bloodshot/watery eyes.
• Poor motor control.
• Any kind of inappropriate reaction, such as manic or overly aggressive behavior.
• Odor of alcohol on the person or in the person’s vehicle.
• Lack of balance.
• Abnormally slow pupil reaction time (failing the horizontal gaze nystagmus test)

What if you or a loved one failed a Pasadena DUI sobriety test? What can you do to shield yourself against potential legal blowback and clear your record? Furthermore, how can you prevent getting into dangerous and legally uncomfortable situations like this again?

Your best strategy may be to find an experienced and reputable Los Angeles DUI attorney.

July 19, 2010

Lindsay Lohan gets Jail Time for Violating Los Angeles DUI Probation Terms

by Michael Kraut

When the flurry of news about Lindsay Lohan’s 90-day jail sentence for violating her Los Angeles DUI probation hit the fan a few weeks ago, this blog deliberately avoided covering it because there was simply too much sensationalism about it in the press. However, given the layers and twists and turns that the story has been taking, any blog devoted to covering news related to driving under the influence in Southern California would be remiss if it did not address the latest developments in the case.

Last week, Lohan hired Robert Shapiro, the criminal defense attorney who once represented O.J. Simpson. She also checked into a rehab facility that the famous lawyer set up. Lohan faced flack (and some praise) from fans and celebrity gossipmongers for her covert communications (via drawing on her hands) and general histrionics.

Obviously, without knowledge of the details of her Southern California DUI case, it is not fair to weigh in one way or another. That’s a key point. You really have to be careful about what you read in the media, as news stories automatically tend to oversimplify and skew coverage. Although the American legal system operates on the principle of “innocent until proven guilty,” often, the public press works on just the opposite principle – guilty until proven innocent.

All this is to say that, if you or a loved one faces a similar battle against a charge of Hollywood DUI, you want facts and strategic guidance – not opinions and theories based on hearsay.

For instance, how well do you know the penalties for Southern California DUI? As you may have read, Lohan got approximately three months in jail for violating the terms of her probation. But what exactly does that mean? What do convicted DUI offenders typically face, punishment-wise? Does the court have leeway? Can your lawyer help reduce your sentence? And what happens if you collect more than one DUI? These are all critical questions – and the answers can be dynamic. That’s why having a Hollywood DUI attorney provide good strategic guidance can be crucial. That said, let’s just review again some basic parameters.

First timers could get the following penalties: 48 hours in jail (max six months), $1,000 in fines and court costs, California driver’s license suspension of a year, mandatory six weeks or more DUI alcohol school, formal probation imposed, and a mandatory interlock ignition device installation (as of July 1, 2010).

Second time convicts (within 10 years) face jacked up penalties, such as at least four days in jail instead of 48 hours, a minimum of 18 months in DUI alcohol school as opposed to six weeks, a two-year driver’s license suspension as opposed to one year, increases in court costs and fines, and likely stricter terms of probation.

And as you get more and more DUIs within a 10-year period, your penalties increase incrementally. Under some circumstances – for instance, if you cause an injury to someone while DUI in Hollywood – your charge could be elevated from a misdemeanor to a felony.

The point is, whether you are a high profile defendant on the order of Ms. Lohan or whether you face a “workaday” Los Angeles DUI charge, you really need expert guidance to try to minimize your sentence and maximize your chances for a healthy and safe recovery.

July 12, 2010

Los Angeles DUI Convicts to Face Mandatory Ignition Interlock Device Installation

by Michael Kraut

Last Thursday, July 1, California’s new test program to curb DUI in Los Angeles by compelling first time convicts to install interlock ignition devices (IIDs) went into effect. The pilot program will affect four California counties – Los Angeles, Sacramento, Alameda, and Tulare.

A study through the International Council on Alcohol, Drugs and Traffic Safety found that convicts compelled to install IIDs were significantly less likely to get arrested again for driving under the influence. Local politicians celebrated this development – assemblyman Mike Feuer was quoted in the Associated Press saying that the law can “save hundreds of lives here.”

The new DUI in Los Angeles punishment experiment will last for five years, after which time California lawmakers will analyze its efficacy and decide whether to expand the program – which is already at work in some fashion in 13 states across the country.

Los Angeles DUI offenders will, per the law, have to pay $125 to install the IID and $60 monthly to maintain it. Low income offenders may be granted some dispensation on these prices. On top of this, convicts must pay a one-time administrative fee for the IID of $45.

How will the number of convictions figure into the cost-calculus?

First time offenders — will have to have devices in for at least five months. Based on the numbers quoted in the AP, that should add up to $470: $125(installation) + $45(fee) + $300(total monthly fees).

Second time Burbank DUI offenders — will have the device installed for 12 months. That should be a total of $990: $125(installation) + $45(fee) + $720(total monthly fees).

Third time offenders — will have an IID in for 24 months, bumping the total cost up to $1,710: $125(installation) + $45(fee) + $1440(total monthly fees).

Fourth time Southern Californian DUI offenders (within 10 years) — will have to have an IID for 36 months: $125(installation) + $45(fee) + $2160(total monthly fees).

If a driver gets into an injury accident while DUI, the installation times will double.

What can you do if you or a loved one has been tagged with a charge of driving under the influence in Burbank? A skilled and battle-tested attorney can make a huge difference.

July 7, 2010

Detroit Lions’ President Busted for Driving Nearly Three Times the Southern California DUI Limit

by Michael Kraut

As students of this blog know, the legal limit for Los Angeles DUI is a blood alcohol concentration of 0.08%. Well, Tom Lewand, the President of the Detroit Lions, got pulled over the Friday before last for driving with a BAC of 0.21% – nearly three times Detroit’s (and California’s) legal limit!

According to the police report, Lewand was driving in Denton Township to pick a buddy up – he was, ironically, to be the designated driver for their night out on the town. A deputy from the Roscommon County Sheriff’s Department pulled him over, noticed “a strong odor of intoxicants coming from the driver compartment of the vehicle” and subjected Lewand to field sobriety tests. Allegedly, Lewand quickly failed those – he lost his balance while trying to stand on one leg and failed the so-called “finger to the nose” test by touching his lip instead of his nose.

Despite the President’s claim that he had “not drank in a year-and-a-half;” subsequent to the incident, he promised that he was in “active recovery.” William Ford, the owner of the Lions, went on record as providing “full support” for his embattled President. If Lewand gets convicted, he can be subjected to significant penalties – not just according to Detroit state law but also according to the NFL, which must enforce its personal conduct policy.

If you get stopped for a Beverly Hills DUI, Pasadena DUI, or any other similar charge in Southern California, police will likely ask you to perform field sobriety tests similar to the ones that Lewand faced (and allegedly failed). Let’s quickly go over what these are.

Field Sobriety Tests (FSTs) challenge the driver’s mental and physical coordination. The horizontal gaze nystagmus test measures how fast the driver’s pupils respond to a stimulus. Slow reaction time could indicate DUI. Other tests of physical coordination include the aforementioned one leg stand and finger to the nose tests as well as the Rhomberg test, in which a suspect must lean his/her head backwards and count up to 30.

A driver suspected of being DUI in Beverly Hills may also be asked to recite the alphabet backwards and to do other tasks to demonstrate mental awareness and competency. Finally, a police officer might look for behavioral and other clues that you might be under the influence, including odor of alcohol on or around you, bleary bloodshot eyes, slowness in responding to questions, and erratic temperament.

Responding effectively and proactively to a charge of Los Angeles DUI can make a world of difference in terms of what punishments the court hands out to you. An inept or inadequate defense can leave you facing significant jail time, huge court costs and fines, intense probation, and a lengthy suspension of your California driver’s license. On the other hand, if you work together with an experienced Los Angeles DUI defense attorney, you might be able to fight back against the allegations or, at the very least, get your punishment substantially softened.

June 30, 2010

Ex-NFL Star Enters “Not Guilty” Plea to Southern California DUI

by Michael Kraut

Corey Dillon, a former running back for the Cincinnati Bengals and the New England Patriots, pled not guilty to charges of driving under the influence in Southern California stemming from an April 21st arrest in Malibu on Mulholland Drive. According to reports, Dillon had been driving with a friend in a red Camaro, when officers noticed the car was driving slowly and awkwardly. They pulled Dillon over and arrested him for driving under the influence in Southern California (Calabasas, to be specific).

Just 10 days following his DUI arrest, Dillon got arrested again on separate charges of domestic violence. Prosecutors ultimately did not file charges against him for this arrest, and his wife subsequently recanted her allegations.

Dillon got arrested for two charges of Los Angeles DUI – but what does that exactly mean, legally speaking? What laws prohibit drivers from consuming alcohol/drugs and getting behind the wheel? The answer may have significant relevance to your case, if you or a loved one has been similarly arrested for DUI in Southern California.

The relevant laws include California Vehicle Code Sections 23152(a) and 23152(b). The first CVC section says that, if police officers stop you while you drive under the influence of either drugs or alcohol, you can be charged with a crime – either a misdemeanor or felony. If convicted, you can face a host of penalties, ranging from jail time to loss of your California driver’s license to serious fines and court costs. (You will also face secondary and tertiary consequences, including the onus of having a criminal record and potentially the loss of the right to vote, if you are convicted of a felony.)

23152(b) defines Southern California DUI as driving with a blood alcohol concentration (BAC) in excess of 0.08%. Violating 22152(b) will net you similar consequences.

If you hurt someone while driving under the influence, you could be charged under two different CVC sections – 23153(a) and 23153(b). An injury Southern California DUI can elevate what would ordinarily be a misdemeanor charge to a felony – a much more serious count.

So, if you or someone you care about has been charged with Southern California DUI (like Corey Dillon), what can you do to build an efficient defense? In almost all cases, you will want to quickly connect with a creditable and a battle-proven Los Angeles DUI attorney.

June 21, 2010

Actor Chris Klein Snagged for Los Angeles DUI

by Michael Kraut

Actor Chris Klein – best known for his roles in the American Pie series and the 1999 movie Election (with Reese Witherspoon) – got arrested for driving under the influence in Los Angeles last Wednesday, after police spotted him weaving in and out of lanes on the 101 in Sherman Oaks.

According to reports from outlets like TMZ.com, CHP officers pulled Klein over around 3:15 a.m. and gave him a Field Sobriety Test, which he failed. He was taken into police custody and later released on his own recognizance. The 31-year-old actor has been arrested for driving under the influence in Southern California before. In 2004, he got pulled over in San Diego County. He pled guilty to a misdemeanor DUI charge. The court penalized him with 150 hours of community service and a fine of $1,800. More recently, footage surfaced of Klein auditioning for the musical Mama Mia. On tape, the actor behaved in a bizarrely overeager fashion. Was he creating a spoof, or was he legitimately trying hard to win the audition? Who knows. But the tape certainly fired up the blogosphere. And this latest Los Angeles DUI arrest will likely only fuel the blaze.

If, like Klein, you get pulled over multiple times for driving under the influence in Southern California – whether for DUI in Burbank or DUI in Long Beach – you may face penalties above and beyond what a first time conviction will net you. Second time misdemeanor offenders will get additional jail time (at least 4 days as opposed to 48 hours in custody), a longer driver’s license suspension (two years instead of one year), longer forced DUI alcohol school (minimum of 18 months as opposed to six weeks), and increases in the intensity and restrictions of probation as well as court costs and fines.

Third and fourth time DUI in Burbank offenders will obviously get even stricter penalties tossed their way. Jail time, for instance, increases to a minimum of 120 days with a maximum of a full year. Your CA driver’s license will be suspended for three years minimum, and so forth. A fourth Southern California DUI within 10 years can be elevated to a felony – even if no complicating factors exist (such as injury or excessive negligence).

What should you do if you or a loved one finds yourself facing a charge similar to Klein’s?

Given the scary realities of a potential conviction, it makes sense to consult with a reputable and results-proven lawyer.