Articles Posted in DUI Crime and Punishment

Although this blog spends the majority of its time focused on Southern California DUI arrests, laws, and other relevant news, we also try to bring you related, eclectic news, like stories about about lawnmower DUIs. The crime may sound a bit absurd – and perhaps even comical – but it’s no laughing matter. Anyone who operates a motorized vehicle, bicycle, moped, or scooter on Southern California freeways and surface streets can get arrested for a Burbank DUI (or DUI wherever you are pulled over).lawnmower-DUI-2.jpg

In this case, a man named John Poshepny got pulled over on October 2 outside Kenwood Market on Sonoma Highway. The California Highway Patrol officer who pulled the 55-year-old over noted in his arrest report that Poshepny smelled like alcohol, had a bottle in a brown bag, and staggered around and had slurred speech. Also, he had been driving lawnmower without its lights on… at 7:50 p.m. Officer Sloat arrested Poshepny and took him to Sonoma County Jail on the charge of misdemeanor DUI.

Beyond the pure novelty of lawnmower DUI arrests, this blog is interested in what motivates officers to take notice of erratic drivers and pull them over for driving under the influence in Glendale (or wherever).

Los Angeles DUI symptoms can include the following (although this is by no means a comprehensive list):

• Staggering around and slurring your speech (like Poshepny did)
• Operating your vehicle erratically or incorrectly (such as driving without your lights on, like Poshepny did)
• Smelling like alcohol (like Poshepny allegedly did)
• Disheveled appearance
• Mixing up your story about where you have been and what you have been doing
• Bloodshot eyes
• Being unable to respond to police officer questions
• Admitting to having consumed alcohol
• Failing field sobriety tests (FSTs)

Assuming that you demonstrate all of the above symptoms, you stand a fair chance of getting arrested for Southern California DUI. But cases are rarely that simple. Indeed, healthy, sober, and completely careful people can exhibit many of these symptoms. For instance, if you get fatigued or suffer an allergic reaction, you may develop bloodshot eyes and may have a difficult time answering questions coherently. If you are sick with something like diabetes, you may blow a “false positive” into a Los Angeles DUI breathalyzer test. If you are nervous, awkward, or simply uncoordinated, you may fail some of the balance tests. If you are simply intimidated by being pulled over, you may mix up your story about where you have been simply out of nervousness or fear. And if you are just a sloppy looking person… well, you might have a disheveled appearance.

The point here is that, whether you got arrested for a lawnmower DUI in Burbank or pulled over for an injury DUI elsewhere in the Southland, you need solid representation to help you design and execute your smartest defense.

Continue reading

This blog has covered a spate of Los Angeles DUI and celebrity DUI arrests recently – including arrests of notable sport stars like the Jets’ Braylon Edward. In some celebrity drug/alcohol cases (e.g. Paris Hilton’s recent bust in Vegas for cocaine possession), the defendant escapes without serious consequences. In other cases – e.g. actor Chris Klein’s Los Angeles DUI conviction – the offender serves jail time and can witness a career implosion as a result of the DUI.Damon_Evans_DUI.jpg

Let’s look at an example of the latter – the case of University of Georgia’s Athletic Director Damon Evans, who was arrested on June 30 for DUI in Atlanta, after an officer pulled him over in the town of Buckhead. The officer found that the (married) Evans had been traveling with a 28-year-old woman — Courtney Fuhrmann. According to the officer’s report: “I also noticed that the subject had a red pair of ladies panties between his legs.” Allegedly, Furhmann told the officer “just to let you know, it (the DUI) will be erased because he is the athletic director of UGA and he has that power.”

Ironically, Evans was only minutes away from starting his new contract with UGA. It would have given him $0.5 million a year. He resigned after the arrest, and he is now working in Boston. The point here is that — whether you are a celebrity or not, whether you get pulled over for driving under the influence in Long Beach or Calabasas — the consequences for your family life, your career, and even your freedom can be radical and devastating.

Your problems can multiply if you hurt someone or leave the scene of the accident illegally. A simple misdemeanor can be elevated to a felony, according to California Vehicle Code Sections 23153(a) and 23153(b). Your punishments can include everything from jail time and mandatory restitution to the person or people you hurt to secondary “down the line” consequences of the Long Beach DUI, such as loss of a license or a job, loss of the right to vote, and other long-term professional and personal difficulties stemming from your felony conviction.

A Southern California DUI defense lawyer can help you put up stiff resistance to the charges. Your choice of attorney does matter.

Continue reading

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.andrew-gallo-DUI-murder.jpg

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.

Continue reading

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. lindsay-lohan-DUI-rehab.jpg

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.

Continue reading

This blog (and practically every other major and minor media outlet) has thoroughly covered Lindsay Lohan’s Los Angeles DUI arrest – and its numerous codas, side stories, and other moving parts. Last week, another bombshell dropped – pursuant to the 24-year-old actress’ failure to pass a court ordered drug test, Lohan will be heading back to jail. lindsay-lohan-dui-2.jpg

Lohan — who left her latest rehab on August 24th — twittered to her fan base about her current plight and demonstrated some contrition: “I am taking responsibility for my actions and I am prepared to face the consequences.”

Last Friday, she went before Judge Elden Fox of Superior Court. According to a report from the gossip site TMZ.com, Lohan will likely have to go back to jail on October 22nd. Her jail sentence could stretch up to 30 days.

Lohan’s saga – including probation violations, repeated reprimands by the court, etc – is sadly not uncommon among people charged and convicted of driving under the influence in Long Beach (and elsewhere in the Southland).

The more Southern California DUI convictions you get, the more stringent your sentences and penalties will be. A first time offender, for instance, may be hit with a misdemeanor, a one-year driver’s license suspension, 48 hours in jail, a fine of up to a $1,000 (on top of court costs), mandatory alcohol school and more. But if you get convicted for a second or third time for a Long Beach DUI, your jail time, minimum alcohol school requirements, license suspension time, etc will all likely go up – and your probation terms will be far more restrictive.

If you get over three convictions within a 10-year span, you could face a felony charge.

Any Los Angeles DUI charge should be taken seriously – even if no one got hurt, and no property damage was reported. The strength of your legal representation can prove crucial.

Continue reading

It only takes a blood alcohol concentration (BAC) level of 0.08% to get a Southern California DUI – New York Jets wide receiver Braylon Edwards got pulled for a BAC of twice that – 0.16% – last Tuesday. And his DWI arrest may have implications not only for his career but also for the Jets’ season… and overall reputation in the NFL.braylon_edwards_dui.jpg

The scoop on Edwards’ arrest
Last Monday, Edwards attended an event to support a non-profit foundation in Manhattan. Following that reception, Edwards apparently went out and consumed alcohol. And at around 5:15 Tuesday morning, police pulled over his Land Rover on the west side of Manhattan because his SUV had “excessive tinting” on the windows – a vehicle violation. Police tested Edwards and found him to have that high BAC (0.16%). The following day, his attorney essentially acknowledged that the wide receiver had been driving DUI and that the police version of events was accurate.

Both Edwards’ legal and NFL situations may be further complicated by the fact that he had been on probation for assaulting a man outside a Cleveland club in 2009. The wide receiver (who at the time was playing for the Browns) pled no contest to aggravated disorderly conduct (a misdemeanor) and got a fine of $1,000 and probation. If he is convicted of his DUI, he could face serious punishments – including time in jail – for the probation violation. And, as far as his NFL career is concerned, he could be suspended for violating the League’s personal conduct policy. The Jets, meanwhile, may have to call up more talent or even re-sign a wide receiver to make up for Edwards’ potential absence.

Ironically, Edwards had been key to a Jets’ victory over the Patriots the previous Sunday – he caught a touchdown as well as a 2 point conversion in the 28-14 victory.

If – like Braylon Edwards – you drive with a BAC of 0.16%, you can be arrested and charged with DUI in Hollywood. Two key sections of the law stipulate what will happen to you: California Vehicle Code Sections 23152(a) and 23152(b). The second section – 23152(b) — stipulates that driving with a BAC of over 0.08% constitutes a Beverly Hills DUI (or a DUI, wherever).

Typically, your first Los Angeles DUI will be a misdemeanor. But if you collect multiple DUIs within 10 years (3 plus), prosecutors could elevate even a standard charge of driving under the influence in Hollywood up to a felony. A felony is much more serious. It comes with greater penalties, such as longer prison sentences and the permanent loss of certain key rights (e.g. the right to vote).

To analyze how to respond most effectively to a charge of driving under the influence in Los Angeles, you should probably talk to an experienced lawyer.

Continue reading

Southern California DUI bloggers who track celebrity and sports star arrests have most recently been captivated by a sad story out of Indianapolis. Blair Kiel, a former QB for the Indianapolis Colts, got caught for driving with a BAC of over 0.17% in Indiana. The 48-year-old ex-NFLer started getting in trouble with the law after he completed an illustrious career, which included starring as the QB for Notre Dame and playing for the Colts and other franchises. This last decade has been particularly rough for Kiel, who has faced charges including violating an order against harassing his ex-wife, violating the terms of a May 2005 probation, domestic battery, resisting police, and public intoxication. His latest charge came at the end of August, when a police officer stopped him on Greenfield Avenue in Noblesville, IN and hit him with multiple charges of driving under the influence.blair-kiel-dui.jpg

Obviously, many drivers in the Southland get pulled over for similar recidivist acts of driving under the influence in Burbank (or wherever). But what happens when you get convicted for a second, third, or fourth time for DUI in Southern California? Do the penalties increase? And if so, how do they increase?

Obviously, each case is different. The court will examine things like whether you hurt anyone while driving under the influence in Burbank, how many priors you have, whether you caused property damage, and whether you enter a program of rehab and treatment. That said, the court generally ratchets up its punishments as the number of convictions increase. For instance, while a first conviction may yield a one year drivers license suspension and minimum jail time of 48 hours; a second conviction will net significantly more minimum jail time and a two year mandatory license suspension. Your terms of probation, number of weeks of mandatory alcohol school, court costs and other punishments can be adjusted upwards to increase your punishment for recidivist Burbank DUI behavior.

Given everything that’s at stake for you – including your freedom and financial future – it pays to consult with a top caliber Los Angeles DUI attorney.

Continue reading

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. andrew-thomas-gallo-dui-murder.jpg

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.

Continue reading

As this blog reported earlier this year, NFL linebacker Rey Maualuga caused a stir in the sports celebrity Los Angeles DUI community in January when he got pulled over in Kentucky for DUI after he smashed into two parked cars and a parking meter. Maualuga ultimately pled guilty to driving under the influence and had to contend with the following penalties:rey-maualuga_cc.jpg

• Seven year suspended jail sentence.
• 90-day driver’s license suspension.
• Mandatory alcohol and drug education classes.
• Two years probation.
• Forced restitution for the property damage.

While Maualuga’s legal sentencing for his arrest has been long concluded, his NFL punishment was only doled out on August 17. The NFL had an opportunity to suspend the Bengals linebacker. Indeed, the Commissioner just recently reviewed whether to suspend one of Maualuga’s teammates, Cedric Benson, who got convicted of a misdemeanor for punching an bar employee in the face (the commissioner decided not to suspend Benson, either.)

But although Maualuga escaped league suspension, he had to forfeit two weeks of his signing bonus and pay two games’ worth of his checks to the NFL.

If someone like Maualuga had been pulled over for, say, driving under the influence in Long Beach, what penalties would he face here? Your Southern California DUI punishment will be determined by a constellation of complex factors, including whether or not you hurt anyone or did any property damage, whether this is your first offence or a second or a third, whether you have a criminal record, whether you were operating on a suspended license or not, whether you were under the legal drinking age, and whether you cooperated with police or fled the scene.

For the simplest Long Beach DUI offense, you might be convicted of a misdemeanor and get penalties like 48 hours of mandatory jail time, court costs and fines equal to a maximum of $1,000, a one-year license suspension with no possibility of restricted license, six weeks of mandatory alcohol school, probation, and forced installation of an interlock ignition device (IID) in your vehicle.

As you can see, even a conviction of misdemeanor Los Angeles DUI carries some pretty hefty penalties. To that end, you want to make sure that the defense you develop is well suited and appropriate. Indeed, the strategy that you pursue can have enormous ramifications both for your personal freedom and for your finances.

Continue reading

Those in the Southern California DUI community who follow celebrity arrests and general misconduct have once again turned attention to the city of Cleveland, Ohio. Cleveland has taken quite a PR hit over the past few months – in particular, the city’s former basketball phenom, LeBron James, ditched his Cleveland Cavaliers for the Miami Heat in a televised conference on ESPN. The latest insult to Cleveland came last weekend when Gerard Lawson, a defensive back for the Browns, got into a hit and run DUI accident in Cleveland’s Warehouse District.GerardLawson-dui.jpg

Local station WEWS-TV reported that Lawson smashed into a parked car and attempted a hit and run before being pulled over the police. He confessed to driving under the influence and got released early Sunday (just in time for practice). The 25-year-old Lawson signed with the Browns in 2008 and played five games in 2009.

From the WEWS-TV news report, it appears that Lawson did not hurt anyone (or himself), but what happens if someone drives DUI in Burbank (for instance) and does cause injury to someone else?

Southern California DUI law is very clear – if you cause what’s technically known as “DUI with injury,” a violation of California Vehicle Code Section 23153(a) or 23153(b), your punishment can be elevated above and beyond on a normal punishment for driving under the influence in Burbank.

What’s the difference?

A “typical” Los Angeles DUI arrest – e.g. for driving with a BAC of 0.12%, significantly over the state’s legal limit of 0.08% — might net you punishments like fines, mandatory interlock ignition device installation, a one year driver’s license suspension, probation, and a small amount of jail time. But if you commit the same exact crime and hurt someone in the process – even not that badly –your Burbank DUI could be bumped up to a felony. This means that if you are convicted, you could permanently lose the right to vote in elections, and all aspects of your sentence could be more extreme.

Another thing to take from this Gerard Lawson report is the idea of hit and run. If you hit a car or a person or a piece of property and then drive off without reporting it or without leaving a note, you could face substantial extra legal trouble – including a ratcheting up of all sorts of penalties.

So whether you’ve been arrested for driving under the influence in Southern California – or a friend or relative got caught for a hit and run or injury DUI – you no doubt can use the counsel of an experienced DUI defense attorney.

Continue reading

Contact Information