DUI Crime and Punishment

June 16, 2010

Former Yankee Busted for Los Angeles DUI

Hideki Irabu, former Major League pitcher for the Yankees, Expos and Rangers, got pulled over for driving under the influence in Los Angeles on May 17th on Redondo Beach Boulevard, according police reports. The 41-year-old Irabu had played for professional teams in Japan before coming to the United States to play in the Majors. Although Yankees fans generally liked Irabu, the pitcher famously publicly clashed with Yankee’s owner, George Steinbrenner.

According to police officers, Irabu was driving on Redondo Beach Boulevard, weaving in and out of lanes. Officers saw him nearly graze a parked car. They pulled him over, booked him around 2 AM, and released him on $5,000 bail the next morning at 10:30. Prosecutors may formally charge the former pitcher shortly.

Irabu is no stranger to scrapes with law enforcement. In August 2008, while visiting Osaka, Japan, he allegedly assaulted a bar manager over a bar tab after downing nearly two dozen glasses of beer.

If, like Irabu, you (or someone you love) face a similar charge of driving under the influence in Long Beach or elsewhere in Los Angeles, you could be facing consequences spelled out by California Vehicle Code Section 23152(a) or 23152(b).

23152(a) says that if the police stop you while you are driving a car while DUI (on drugs or alcohol), then you can be charged with a criminal act. A conviction could result in a criminal record, driver’s license suspension, jail time, significant fines, and all sorts of frustrating secondary consequences. For instance, your insurance rates may go through the roof, you may lose your job, and you may face stigma for your criminal record for years to come.

23152(b) makes it a crime to drive with a blood alcohol concentration of greater than 0.08%, and the same consequences stipulated in 23152(a) will await you.

So how can you effectively navigate charges of Long Beach DUI?

You could theoretically represent yourself or leave your case in the hands of a public defender. But consider how much is on the line for you. Jail is no joke, and while the short-term penalties can be excruciating and embarrassing, the long-term consequences can be practically unbearable. Thus, it almost always behooves defendants to connect with a reputable and experienced Los Angeles DUI attorney, who knows the laws as well as the people involved.

May 31, 2010

Actor Rip Torn in Court for Burglary Case — Celebrity Los Angeles DUI Blogs Have Taken Notice!

by Michael Kraut

Celebrity Los Angeles DUI blogs, such as TMZ.com, have lit up over the recent travails and tribulations of septuagenarian actor Rip Torn. Last week, the legendary actor showed up in court pursuant to a charge that he broke into a Connecticut bank while under the influence of alcohol – and while in possession of a loaded firearm. According to arrest reports, Torn smashed open a bank window and crawled inside. Police found him and held him in a North Canaan, Connecticut jail on a $100,000 bond. Torn (through his lawyer) later released a statement that said that he had been confused and had thought that the bank was actually his house.

Torn has famously dodged two charges of DUI within the past several years. In 2004, the actor crashed his car into a cab in New York City and got hit with a DWI charge. He allegedly went on a crazy rant at the police station but managed to get clear of the DWI charge. The actor got into more DWI trouble in North Salem, New York in December 2008 (while driving with a Christmas tree tied to the hood of a Subaru, no less!). Torn managed to escape significant penalties for that DUI because he completed his alcohol education program.

Speaking of blood alcohol tests, let’s segue into a practical discussion about one particular kind of BAC test – the breathalyzer – as it applies to cases of driving under the influence in Pasadena (and other places in Southern California).

The breathalyzer is typically administered after an officer has pulled over a suspect for Pasadena DUI. That said, police may defer administering a breathalyzer until after a suspect has been placed under arrest and taken to a station.

Remember: Just because breathalyzer test suggested that you were driving DUI in Glendale does not necessarily prove it.

Breathalyzers are far more flawed than most people – even most police officers – realize. A savvy Southern California DUI attorney can often pick apart bad police work, inconsistent testing, and other flawed police methodology. Common problems with breathalyzers include:

• They do not distinguish between men and women.
• Diabetics and other sick individuals may yield false positives due to chemicals in their breath.
• The BAC reading can depend significantly on the depth of your breath (a shallow breath can have a much lower BAC than a deep breath, e.g.).
• The machine can confuse other chemicals with ethanol (the active ingredient in alcohol).
• The machine may have been improperly calibrated, read, or administered.

So how can you (or a loved one) effectively respond to charges of driving under the influence in Southern California if you believe that your breathalyzer test was inaccurate or unfair? A prudent approach is to retain a top caliber Los Angeles DUI defense attorney to go over your options and plot out a strategy for you.

May 26, 2010

Standard Los Angeles DUI Stop Turns Scary as Passenger Shoots Police Officer

by Michael Kraut

A standard Los Angeles DUI stop in Santa Monica last Tuesday escalated to gunfire. The passenger in a vehicle stopped at 1.30 a.m. on the corner of Lincoln Boulevard and Bay Street shot a police officer while the driver was being put through the paces of a field sobriety test. Fortunately, the 16-year veteran officer did not sustain life-threatening injuries, although a bullet wound to the abdomen sent him to the hospital for extensive treatment.

Assailant caught after all-night chase
After shooting the police officer, the passenger fled. K-9 officers, police, and SWAT team members descended on the area and managed to track down the suspect three hours later. At 5:10 a.m., the suspect again engaged the police in gunfire. Officers shot the suspect, wounding him, and then took him into custody. The driver who was originally pulled over for Southern California DUI suspicion was arrested for DUI. Charges against both men are pending.

During the chase, police urged local Santa Monica residents to stay inside as dozens of armed officers patrolled the neighborhood. KABC News quoted sergeant Jay Trisler: “There was somebody who shot an officer, and we were really concerned about the public safety.”

Fortunately, most arrests for driving under the influence in Southern California do not escalate to violence and do not involve serious injuries. Field Sobriety Tests, on the other hand, are extremely common – whether you get pulled over for DUI in Burbank, DUI in Long Beach, or DUI elsewhere in the Southland.

So what are Field Sobriety Tests (FSTs) and how do they work?

Sobriety tests are tests that police officers conduct in the field, ostensibly to determine whether there is enough evidence to make a DUI arrest. In practice, however, officers often conduct these tests merely to gather evidence to potentially use against you in a court of law.

Officers use a Preliminary Alcohol Screening (PAS) Test to get an unofficial reading of your blood alcohol concentration (BAC). They can also put you through the paces of several mental and physical exams. The Horizontal Gaze Nystagmus Test measures pupil reaction time. Other tests — such as the Walk the Line, the One Leg Stand, the Rhomberg, and the Finger to the Nose — measure coordination and balance.

An officer who pulls you over for suspicion of driving under the influence in Long Beach may test your mental coordination by asking you (for instance) to recite the ABCs in reverse. The results of FSTs are by definition subjective – they are the officer’s opinion. Be aware that the National Highway Traffic Safety Administration (NHTSA) recognizes only 3 FSTs that yield significant results: The Horizontal Gaze Test, the One Leg Stand Test, and The Walk and Turn Test. But even these “gold standard” FSTs can yield a flawed diagnosis.

So what should you do if you or a loved one has been arrested for driving under the influence in Burbank (or elsewhere)?

May 24, 2010

Los Angeles DUI Experts Riveted by Tragic Case of Man Nabbed for Eighth DUI – after Just Getting Out of Jail for Killing Someone While DUI

by Michael Kraut

Bloggers who follow stories about driving under the influence in Southern California were glued to their computers last Monday afternoon following a case out of Franklin County, Vermont involving a man arrested for his eighth lifetime DUI.

The defendant, Douglas Gardner, was last arrested for driving under the influence in 1989, when he crashed head-on into a car and killed 20-year Billy Labier-Boucher. Gardener served a 20-year prison sentence. After securing release last month, Gardner almost immediately got back into trouble. He allegedly stole a Pontiac Aztek, drank two beers and a vodka, and veered off Route 78 in Highgate into a bog. The Vermont troopers who found him tested his blood alcohol content at 0.156% – nearly twice the legal limit for Southern California DUI of 0.08%, as defined by California Vehicle Code Section 23152(b).

The state attorney asked for bail to be set at $100,000, but Judge Greg Rainville went one step further and ordered Gardener held without bail. The Judge remarked: “you are a threat to the safety of the public… if I can’t stop you from driving, I can’t allow you on the streets.” The Judge’s ruling elicited enthusiasm from Pat Labier-Boucher, the mother of the man that Gardner killed in 1989. Labier-Boucher said: “it was like 20 years ago… it’s like reliving the whole thing again… I hope he is behind bars forever.”

Obviously, similar cases of manslaughter DUI in Glendale and elsewhere are tragic for many reasons. But what does local law say about Los Angeles DUI manslaughter charges?

According to Penal Code Section 191.5(a), in very serious cases, a defendant can be charged with “gross vehicular manslaughter while intoxicated.” Prosecutors don’t necessarily have to go for this charge. But to prove gross vehicular manslaughter, prosecutors must meet a very high burden. First, you must show that the defendant drove under the influence of drugs or alcohol with a BAC of 0.08% or more. Second, you must show that the defendant committed a driving infraction, misdemeanor, or other legal act that could lead to death of another person. Third, you must show that the person committed this act with gross negligence. And fourth, you must show that the grossly negligent act led to the actual death of someone.

May 12, 2010

Lindsay Lohan Non-Compliant with Probation for her 2007 Southern California DUI?

by Michael Kraut

In 2007, actress Lindsay Lohan netted her second Southern California DUI conviction. Her hard-partying ways made her notorious in tabloids and online gossip forums. Two weeks ago, her dad, Michael Lohan, called the police to the starlet’s home, fearing that his night-clubbing daughter might be putting her younger sister Ali in harm’s way. The 23-year-old got a warning last fall to adhere closely to her probation terms. Otherwise, said Judge Revel, “the deputy district attorney will be asking for jail time.”

Although Lohan’s attorney claims that the starlet has maintained substantial compliance with the terms of her probation, she allegedly has not been following Judge Revel’s orders to go to her alcohol classes once a week. Lohan has a May 20th hearing. The Freaky Friday actress has also been in a public war of words with her ex-girlfriend, Samantha, on Twitter, and she was recently fired off a movie.

Lohan’s multiple celebrity Los Angeles DUIs have served as a cautionary tale to other Hollywood starlets and would-be violators of California Vehicle Code Sections 23152(a) and 23152(b). If you are arrested for a violation of the CVC codes and charged with DUI in Burbank or DUI in Beverly Hills, the court has a wide latitude of punishments it can dole out.

First time offenders, for instance, can receive 48 hours in jail, a fine of $1,000 (in addition to court costs, which can be substantially more), suspension of the California driver’s license, forced installation of interlock ignition device in your vehicle, strict terms of probation, and, of course, mandatory alcohol school. (Lohan’s mandatory alcohol school sentence was actually far less than the maximum the court could have imposed – nine full months – for a first time Beverly Hills DUI conviction.

Second, third, and fourth arrests for driving under the influence in Southern California (or elsewhere in the state) obviously carry stricter penalties, harsher terms, bigger fines, more jail time, and so forth. Again, the court has a lot of leeway in terms of how it chooses to punish repeat offenders (those who get multiple DUIs within 10 years time).

So what should you do if, like Lindsay Lohan, you have been tagged for DUI in Los Angeles?

One smart move is to retain an experienced trial attorney to defend you. Even if your charge is minor, and there are no complicating factors, you never know what can happen once your case comes into play. And even minor errors in your legal defense can have profound ramifications for your future, your pocket book, and your freedom.

April 28, 2010

Southern California DUI Punishment Update — State Senator Roy Ashburn Given Jail Sentence for March 3rd DUI

by Michael Kraut

In the annals of arrests for driving under the influence in Southern California, the March 3 bust of 56-year-old Roy Ashburn for driving with a BAC of 0.14% in Sacramento wouldn’t stand out as particularly noteworthy — but for two salient points:

1. Roy Ashburn is a State Senator from California (a representative of District 18).
2. The Senator was busted after leaving a gay bar called Faces with a young male Latino in his car — this in spite of his pronounced anti-gay voting record and the fact that he had been married with five children.

In the wake of the arrest, Ashburn quickly confessed to the press the he was gay. He justified his 12+ years of Assembly and State Senate voting against gay rights by saying that he was simply following the wishes of his conservative constituents. Southern California DUI bloggers have noted that the Republican senator’s ordeal has rhymed closely with the travails of other recently outed Republicans, like evangelical Ted Haggart and senator Larry Craig, who was caught playing footsie with a federal agent in a public men’s room.

According to California Vehicle Code Section 23152(a) and 23152(b), most first time offenders will be charged with a misdemeanor. The court has an array of punishments at its disposal, including mandatory time in custody (48 hours), fines of up to $1,000 in addition to court costs, mandatory suspension of California vehicle license for a full year, mandatory alcohol school, formal probation, and mandatory installation of an interlock ignition device in your car or truck.

Ashburn was given 2 days jail time — one of which he served while being in custody during arrest. The other day will involve him working for the Sheriff’s Department. He also has to pay fees and costs of around $2,000, and he will face three years of probation.

According to the senator’s spokesman, Ashburn “accepts full responsibility for his actions (and wants to be) treated like any other resident of California would be treated.”

Although few would argue that the senator got off “easy” for what he did, others charged with similar crimes of driving DUI in Glendale or DUI in Burbank can wind up with much more serious penalties, including longer stints in jail, harsher terms of probation, and much higher costs and fees.

In fact, if you injure someone while driving DUI in Glendale, and the prosecution can prove that your driving DUI led to an accident that caused the injury, you can be charged under California Vehicle Code (CVC) Sections 23153(a) and 23153(b), which could elevate your misdemeanor to a felony charge. If convicted, you could be stripped of your right to vote and forced to spend longer time in jail.

So what can you do if you’ve been hit with a Burbank or Glendale DUI charge?

April 14, 2010

Sports Celebrity Los Angeles DUI Blogs Debate Chris Chelios’ Sentence

by Michael Kraut

While celebrity Los Angeles DUI blogs typically report on misbehavior of Hollywood A-listers, such as Mel Gibson and Nick Nolte; this week, former NHL great Chris Chelios’ battle with DUI in Chicago is consuming much of the blogosphere’s oxygen.

Chelios — who formerly played for the Chicago Blackhawks and who helped his teams bring home three Stanley Cups — was stopped on December 28 at 4 a.m. under suspicion of DUI in Westmont, Illinois. Last Wednesday, prosecutors finally agreed to drop DUI charges against Chelios, although the NHL legend did agree to pay $500, plead guilty to speeding and improper lane use, and consent to half a year of conditional probation.

At issue in this case was a 50-minute long police videotape of the stop, during which Chelios admitted to having had a few drinks before driving. Judge Pierce ruled that the video showed that police did not have probable cause for the stop, and he blocked prosecutors from using the arrest tape at trial. This move convinced prosecutors to give up their attempt to pin the DUI on Chelios.

The NHL legend (who still plays professional hockey with the Atlanta Thrashers, even though he is 48 years old) issued a contrite statement after prosecutors dropped the DUI charge, saying that: “I’m going to learn from it.”

What happens at a typical Southern California DUI field sobriety test?

Officers test suspects both physically and mentally.

o The most common first test is called the horizontal gaze nystagmus test, in which an officer tracks the suspect’s eye movements to see whether he or she can follow an object.
o Another test is “walk the line.” Police ask the driver to pace nine steps in one direction and nine steps back — often on a marked line. If the driver loses his or her balance, that might indicate DUI.
o The one-leg stand test requires the driver to stand on one foot for 90 seconds. Again, a loss of balance could indicate DUI.
o Next up is the Rhomberg test, in which a driver must lean back and count to 30. A loss of balance (such as stumbling backwards) could indicate DUI.
o The finger-to-nose test also assesses coordination.
o Officers can also use tests like reverse counting or even subjective measures to determine whether someone has been driving under the influence in Southern California.

Whether you’re charged with a DUI in Burbank or a DUI in Glendale or elsewhere in the Los Angeles County area, you’ll likely need good legal representation to develop a solid defense to charges against you.

Differences among Los Angeles DUI attorneys abound. Not all Burbank DUI lawyers are equally skilled at handling prosecutors and going to trial.

April 12, 2010

Mindy McCready Back in the News — not for a Los Angeles DUI — but Rather for a Sex Tape Scandal

by Michael Kraut

Blogs that follow celebrity Los Angeles DUI arrests have seen a spike in interest in the criminal history of country singer Mindy McCready, thanks to new news reports suggesting that an hour-long sex tape starring the singer is set to be released.

McCready is no stranger to charges of driving under the influence. She was one of the main participants in 2010 Celebrity Rehab with Dr. Drew. Nashville Police stopped her in 2005 for suspicion of driving under the influence. Although the jury scrapped those DUI charges, they convicted McCready for driving on a suspended license. McCready has also been arrested in Arizona (for a battery of charges, including identity theft and hindering prosecution), Florida (for drug charge violations), and Tennessee (for probation violations).

The surfacing sex tape may give the beleaguered country singer a publicity boost as she releases “I’m Still Here,” her first country album in nearly a decade and a half.

McCready’s arrests have been scattered around the country, and she’s only technically been arrested for DUI once. But what happens to individuals — celebrities or not — who get charged with driving under the influence in Southern California more than one time?

As you might suspect, penalties increase for every additional Long Beach DUI arrest.

For instance, a first time Los Angeles DUI offender might be charged with a misdemeanor, for which the court can impose various penalties, including mandatory two full days (48 hours) in jail, a fine of $1,000 along with court costs, a six weeks minimum sentence of alcohol school, and a mandatory installation of an interlock ignition device. The court can also impose additional penalties and strict terms of probation.

If you get convicted of a second count of driving under the influence in Long Beach (within ten years), your mandatory minimum jail time goes up (4-10 days minimum), as does your mandatory alcohol school time (18 months). You will lose your license for two years (instead of one).

If you’re arrested a third and fourth time (or more) for Southern California DUI within a ten-year span, your penalties will become increasingly strict:

• longer jail sentences
• harsher probation terms
• longer driver’s license suspension
• possible upgrading to felony charges
• higher fines and court fees
• other punishments that the judge may devise
Dealing with charges of Long Beach DUI

Whether you’re facing your first or fifteenth DUI offense, it almost certainly behooves you to discuss your case in confidence with an experienced Los Angeles DUI attorney.

March 31, 2010

Another Star of the Hills Busted for Driving Under the Influence in Southern California

by Michael Kraut

23-year old Jason Wahler was arrested for driving under the influence in Southern California last Friday night – just one week after he was arrested in Mexico for getting into a fight at a nightclub in Cabo San Lucas.

According to the arrest reports, the former boyfriend of both Lauren Conrad and tennis superstar Katja Decker-Sadowski was pulled over just before 11 o’ clock on Friday in his Chevy Tahoe in Newport Beach. Details of this arrest are hazy. More is known about Wahler’s previous arrests – which include a charge last year of assault in Seattle, Washington and a 2008 charge of assault after he socked a tow-truck driver in the face.

Wahler is no stranger to rehab – he was quoted in People Magazine saying, “I’m embarassed as hell, but I really do not remember my arrests. They’re blackouts. And that’s scary.”

Some of the snarkier blogs that cover stories about celebrity DUI in Los Angeles have noted that Wahler’s attempt at rehab in 2007 does not seem to have been successful.

The 23-year old’s multiple arrests do beg the question – what happens to someone who violates laws against DUI in Long Beach more than once?

Unsurprisingly, it turns out that the law ratchets up the punishments every time you get arrested for an additional charge of DUI in Los Angeles.

Long time readers of this blog will realize that we like to review the various kinds of punishments that can be doled out for driving under the influence in Long Beach. We think that knowledgeable drivers are empowered drivers. To that end, once more, let’s review what the court can impose for different DUI offences.

First time DUI – 48 hours in jail, $1,000 in fines plus court costs, CA drivers license suspension for one year, six weeks minimum of alcohol school, potentially formal probation imposed, mandatory installation of Interlock Ignition Device.

Second time DUI – mandatory 4 to 10 days behind bars, more court costs and fines – usually significantly steeper, 18 months minimum of alcohol school, two years of CA drivers’ license suspension, IID installation, and strict probation possible.

Third time DUI – 120 days behind bars, 18 months mandatory DUI alcohol school, three years California drivers license suspension, huge spike in court costs and fines, and more.

Fourth time DUI within ten years – could easily be elevated to a felony, 180 days minimum in jail, three year drivers license suspension, 18 months alcohol school minimum, four year drivers license suspension, another steep increase in court costs and fines, and more.

If you have been charged with a second, third, or fourth count of driving under the influence in Los Angeles, you may need legal representation ASAP.

March 29, 2010

Another Sports Arrest – Nope, Not a Los Angeles DUI This Time – This Took Place in Atlanta – But Southern California Sports Watchers Have Nonetheless Been Riveted by it

by Michael Kraut

Los Angeles DUI arrests involving celebrities and sports figures are common news. Just take a quick scan through this blog, and you will come away flabbergasted at how many of our public figures have gotten in trouble for driving under the influence in Southern California.

Today’s entry concerns a DUI out of Atlanta, however, involving Miami Dolphins runningback Ronnie Brown. Last Friday night, Brown was pulled over for an improper lane change (he allegedly didn’t signal), and the officer gave him a field sobriety test. He did not perform well on this test, so the officer took him into custody and booked him for DUI in Atlanta. After his release Saturday morning, Brown quickly hired an attorney. The Miami Dolphins as well as Brown’s agent have kept relatively quiet about the incident, although his allies have pointed out that he has never been in any kind of legal trouble before. The 28-year old Pro Bowl runningback was a second pick in the 2005 NFL draft, and he is scheduled to continue to attend the Dolphin’s voluntary training camp.

What happens when someone is pulled over for the first time for DUI in Pasadena, Glendale – or anywhere else in Southern California, for that matter?

If you are convicted of a misdemeanor, your life could instantly change. First of all, your California drivers’ license could be suspended for an entire year, and you may not get a restricted license to drive for work or school.

Second, you may be required to install what’s known as an Interlock Ignition Device (IID) in your vehicle. This is a breathalyzer-like instrument that you must blow into before you can start your car. It takes a reading of your blood alcohol concentration based on your breath, and if you even have the slightest hint of alcohol, your engine won’t start.

Third of all, you will have to pay court costs and fines up to $1,000.

Fourth, you could face limits on your release, including probation, mandatory alcohol school, and other stipulations.

Fifth, you will have to do time in jail – a minimum of 48 hours.

Of course, if you are driving under the influence in Glendale and injure somebody, you could be convicted for a felony, and the punishments could be significantly harsher.

What can you do to respond effectively and efficiently to charges of driving under the influence in Southern California?

Your best bet is almost always to consult with a reputable, vetted, highly credentialed attorney.