DUI Punishment

December 13, 2010

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

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.

November 25, 2010

Huntington Beach Aims to Reduce Southern California DUI by Posting Names on Facebook

by Michael Kraut

Last Monday, Huntington Beach Councilman Devin Dwyer offered a radical proposal at a city council meeting: publish the names of Southern California DUI offenders on Huntington Beach’s Facebook page. Dwyer made the case for “public shaming” of DUI offenders thusly: “I would use any tool necessary to bring down the numbers of drunk drivers.”

If you or someone you love has been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena or elsewhere in the Southland, you would certainly not be alone. Indeed, Huntington Beach has one of the worst records in California for DUI arrests. In 2009, police reported 274 DUI crashes and 1,687 arrests – and this is all for a town that has a population of just 200,000.

Huntington Beach officials have been scrambling to institute solutions. This year, officials banned “beer pong” at establishments in downtown, and more officers have been pulled onto DUI detail. In an ironic twist, Huntington Beach’s City Attorney, Jennifer McGrath – the attorney who reviewed the Facebook proposal to make sure there are no legal problems with it – was herself arrested for DUI in Southern California back in 2005, after police pulled her over on Main Street near City Hall. McGrath pled guilty and paid a $1,600 fine.

If you get pulled over for driving under the influence in Los Angeles or elsewhere in the Southland, police will use several tools and strategies to determine whether or not you are DUI. They will likely put you through several field sobriety tests, administer something called a preliminary alcohol screening test (PAS test), and analyze your breath, blood, or urine using chemical tests. If you are found to be under the influence of alcohol or drugs, you can be charged with a crime pursuant to California Vehicle Code Sections 23152(a) or 23152(b).

The consequences of conviction can include jail time, loss of driver’s license, serious fines and court costs, points on your DMV record, mandatory alcohol school, and mandatory installation of an IID in your vehicle. A Los Angeles DUI conviction will also have serious secondary and tertiary consequences. For instance, a DUI conviction can make it more difficult for you to get a job, find a lender, and maintain good standing in your professional community. If you hurt someone while driving under the influence in Huntington Beach or elsewhere in the Southland, you could face even more serious charges pursuant to other sections of the CVC – 23153(a) and 23153(b). Basically, these allow prosecutors to elevate what would ordinarily be a misdemeanor DUI charge to a felony. If convicted of a felony, you face even more perilous legal consequences, including such as a longer jail sentence and permanent loss of key rights.

To craft and execute a competent defense to Los Angeles DUI charge, you should seek expert legal guidance. Look to Los Angeles Criminal Defense Attorney Michael Kraut.

November 23, 2010

DUI Murder Conviction in Alaska has Los Angeles DUI Community Talking

by Michael Kraut

Although horrific Southern California DUI collisions and injuries occur with an unbearable frequency these days, rarely do prosecutors charge offenders with “DUI murder” – a charge that’s equivalent to second degree murder. But last week, a jury in Anchorage Alaska returned a “guilty” verdict in a DUI murder case involving a 56-year old former BP executive, who killed a man and critically injured his fiancée after she drove the wrong way on Seward Highway.

If you or someone you care about has recently been pulled over on charges of DUI in Los Angeles, DUI in Pasadena, DUI in Glendale, or DUI in Burbank, you probably are quite interested in the distinctions among DUI penalties. The story of this DUI tragedy should be instructive.

According to AP reports, on November 5th, 2009, Philips drove her Ford Explorer the wrong way on the expressway and slammed into a small Toyota driven by 23-year old Louis Clement. Tests revealed that Philips’s blood alcohol level was over 4 times the legal limit. The jury deliberated only a few hours before returning the guilty verdict.

The 56-year old Philips had been convicted for driving under the influence three times prior. A fourth DUI charge, pursuant to a March 2009 arrest, is still pending. She was also arrested for DUI in 1983, but she pled that down to a simple traffic offense.

In Alaska, a DUI murder conviction carries a minimum of 10 years in jail. A DUI murder in California is punishable by at least 15 years – or up to life – behind bars. The burden of proof on prosecutors in DUI murder cases is quite high. The prosecution must show something called “implied malice” – in other words, that the driver who caused the death had a crystal clear understanding of the risks inherent in driving DUI and nevertheless still chose to get behind the wheel.

Even if prosecutors don’t charge you with DUI murder, they could hit you with charges of vehicular manslaughter or – an even more serious charge – vehicular manslaughter with gross negligence.

And even if all you do is hurt someone while driving DUI in Los Angeles, you could face felony charges pursuant to California Vehicle Code sections 23153(a) and 23153(b).

Furthermore, even if you just got stopped for driving with a blood alcohol concentration of 0.08% or more, you could face devastating penalties just for the misdemeanor – penalties such as prison time, loss of your California driver’s license for a year and enormous fines.

To respond to charges, consult with a reputable and results proven Southern California DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.

November 15, 2010

Southern California DUI Experts Pay Close Attention as Prosecution Rests in New York Yankees Catcher’s Manslaughter Trial

by Michael Kraut

On November 10, former Yankee superstar Jim Leyritz watched on as prosecutors in his DUI manslaughter case finished their case against him. As those of you who follow Southern California DUI celebrity news likely already know, Leyritz faces 4 to 15 years in jail for killing 30-year old Fredia Ann Veitch on December 28, 2007.

If you’ve been recently pulled over for driving under the influence in Burbank, DUI in Pasadena, Los Angeles DUI, or DUI in Glendale, hopefully it was under less tragic circumstances. Known best for slamming home a key homerun in the 1996 World Series, Leyritz retired from baseball in 2000. Unfortunately, 7 years into his retirement, he hopped into his red Ford Expedition while significantly over the Florida (and Southern California) legal limit of 0.08% BAC. A later blood test showed that he had a BAC of 0.14% hours after the crash.

Earlier this year, Leyritz paid Veitch’s family for the wrongful death: $250,000 in insurance payments as well as payments from his own pocket: $1,000 per month for 100 months.

Prosecutors called numerous expert witnesses, including Donald Felicella, who told the jury that evidence suggests that “there was not anything to indicate that speed was a factor.” Veitch had also been driving under the influence. Evidence showed that she had a BAC of 0.18% at the time of the crash. She was actually thrown out of her vehicle because she hadn’t been wearing a seat belt.

According to California law, if you get convicted of vehicular manslaughter while DUI, you can face extremely serious penalties – particularly if you committed vehicular manslaughter with “gross negligence.” In rare cases, prosecutors may charge defendants with a crime called DUI murder. This is actually an even more serious crime than DUI vehicular manslaughter with gross negligence. Also known as a “Watson Murder,” DUI murder carries penalties of 15 years to life in jail. It is essentially equivalent to second degree murder.

Whether you were arrested at a Los Angeles DUI checkpoint after you blew a breathalyzer result of 0.09%; or you got involved in a serious injury collision while allegedly under the influence, you may need good legal advice immediately from a Los Angeles DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.

October 20, 2010

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

by Michael Kraut

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

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

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

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

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

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

Horizontal Gaze Nystagmus Test

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

Walk the Line Test

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

One Leg Stand Test

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

Rhomberg Test

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

Finger to the Nose Test

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

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

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

October 13, 2010

A Southern California DUI Lawnmower Arrest? Not Quite – This One Happened in Northern CA!

by Michael Kraut

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).

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.

October 6, 2010

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

by Michael Kraut

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

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

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

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

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

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

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

September 27, 2010

Braylon Edwards Tagged for DWI – Los Angeles DUI Sports Bloggers Speculate about What’s Next

by Michael Kraut

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.

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.

September 20, 2010

Trial Opens in Heartbreaking Celebrity Los Angeles DUI Murder Case

by Michael Kraut

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

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

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

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

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

September 15, 2010

Actor Chris Klein Serves Jail Sentence for Los Angeles DUI

by Michael Kraut

When 31 year old actor Chris Klein got pulled over for driving under the influence in Los Angeles in June – his second DUI within five years – the tabloids quickly compared him to fellow troubled celeb, Lindsay Lohan. Like his 28 year old colleague, Klein got served a jail sentence for his Southern California DUI. But unlike Ms. Lohan, Klein served his sentence with little drama or complaint. On September 3, the actor showed up in a Van Nuys, California court to plead no contest to his charges, pursuant to his serving out a 96 hour jail sentence and two month rehabilitation. Klein’s punishment is not over. He must also spend 18 months in an alcohol education course, pay significant fines, be on probation for four years, and install an interlock ignition device (IID) in his car, pursuant to new Los Angeles DUI laws that went into effect just a few months ago.

Klein exhibited contrition for his DUI. He told Judge Gelfound: “I apologize for my wrongdoing and I really appreciate that the court gave me the opportunity to prove how seriously I took all of this.”

Klein’s arrest and sentencing is a classic example of how the courts ratchet up their punishments for people who get convicted of driving under the influence in Pasadena (or elsewhere in Southern California) multiple times. Let’s look at some other significant differences:

First time vs. second time Los Angeles DUI conviction:

• Jail time (48 hours mandatory/four to ten days mandatory)
• Alcohol school (six week minimum/18 month minimum)
• California drivers license suspension (one year suspended license/two year suspended license)
• Court costs and fines (maximum fine of $1,000 on top of court costs/fines and court costs significantly increase)

If you are convicted of driving under the influence in Pasadena a third or fourth time within ten years, your punishments will go up and up. A third time offender, for instance, will get a mandatory minimum of 120 days in jail. A fourth time offender will get a minimum of 180 days in jail – and that’s if the DUI is a misdemeanor. If it’s a felony, you can be sentenced to 3 plus years in jail.

To build a coherent defense to charges of Southern California DUI, you should consult with an experienced attorney.