DUI Punishment

June 23, 2010

Painter Thomas Kinkade Stopped for Southern California DUI

Thomas Kinkade, a bestselling painter known for his gausy landscapes and overtly religious themes, was arrested for driving under the influence in Southern California on June 11 in Carmel. According to arrest reports, police pulled over the 52-year-old after they noticed that his 2006 Mercedes lacked a front license plate. An officer smelled alcohol on Kinkade’s breath and called in the CHP to conduct a field sobriety test. Kinkade allegedly failed these tests, and the police booked him into Monterey County jail.

Kinkade’s business dealings had already been under a cloud as result of ongoing bankruptcy proceedings. One of his two companies – Pacific Metro – filed bankruptcy less than two weeks before his Southern California DUI arrest. Kinkade is a self-made artist – he started selling his paintings in the parking lots of supermarkets. Today, he controls a not-unsubstantial artistic empire – or at least he did before his Morgan Hill Production company filed for Chapter 11.

When someone like Kinkade gets pulled over for driving under the influence in Pasadena, what kinds of Field Sobriety Tests (FSTs) will he or she be subjected to? Here is a brief guide:

1. Horizontal Gaze Nystagmus Test

This is an eye examination — a test for pupil reaction response. A slow response could indicate a Pasadena DUI.

2. Walk the Line

A suspect is asked to take several paces across a line (often a road divider). This is a balance test. If the driver cannot stay on the line, DUI may be suspected.

3. One Leg Stand Test

Another balance test. Suspect has to balance on one foot for a duration. Obviously, stumbling or falling might indicate DUI.

4. Rhomberg Test

Yet another balance test. The suspect must tilt his or her head backwards and count for a duration. Again: stumbling, tipping, or a loss of balance might indicate DUI.

5. Finger-To-The-Nose Test

Suspect must stretch her arms and attempt to touch her fingers to her nose with her eyes closed. If she misses her nose, DUI can be suspected.

Officers can also request a suspect to recite the alphabet in reverse or pass other tests of mental coordination. Failures, incoherent responses, and non-cooperation may all be construed to indicate potential intoxication.

Have you or a loved one has been pulled over for driving under the influence in Pasadena or elsewhere in Southern California?

June 14, 2010

Jason Wahler Socked with Seventh Arrest – New Charges against Celeb Who Was Arrested for Southern California DUI in March

by Michael Kraut

As this blog reported several months ago, reality TV star Jason Wahler (of The Hills and Laguna Beach fame) got pulled over for Southern California DUI in March and wound up pleading guilty. Despite earning penalties like 48 hours in jail, three months forced alcohol school, and three years probation, the recalcitrant reality star was arrested yet again last Sunday on charges of misdemeanor battery, after he allegedly hit a girl at a Hollywood party. E! News broke the story last Monday, citing sources who said that Wahler was arrested around 1:45 in the morning and held on a $20,000 bail pending an arraignment.

This marked the 23rd year old’s seventh arrest in the last several years and third arrest in 2010. (In addition to his Newport Beach DUI in March, he also got busted in Mexico for participating in a bar fight). Prior to the Hollywood brouhaha, Wahler had allegedly been in talks to appear on Celebrity Rehab with Dr. Drew (on VH1). It is unclear whether he will now be invited on the show.

What happens when someone like Wahler gets charged with multiple counts of driving under the influence in Beverly Hills (or elsewhere in California)? Well… first we must note that Wahler was only busted once in 2010. If a defendant gets convicted multiple times for Southern California DUI, charges obviously increase.

For a first-time misdemeanor offense, the court might impose penalties like 48 hours of jail time, a fine of $1,000 along with court costs, a one-year suspension of a California driver’s license, and compulsory DUI alcohol school.

A second time misdemeanor offender may see a minimum of four days in jail (perhaps more), a two-year license suspension, a serious increase in court costs and fines, and additional compulsory alcohol school along with tougher probation terms.

If you are busted for driving under the influence in Hollywood a third time within 10 years, your jail time jumps up to 120 days minimum, and all other punishments increase – including driver’s license suspension (three years), alcohol school, probation, etc.

A fourth time DUI within 10 years – even one that would ordinarily be considered a misdemeanor – may be elevated to a felony and can merit a minimum of 180 days in jail along with other severe punishments.

How can you or a loved one battle back against spurious charges of driving under the influence in Hollywood or elsewhere in Southern California?

Whether you believe that a breathalyzer test erroneously showed you to be DUI, or whether you admit to driving DUI but seek to minimize your punishments and maximize your chance for rehab, you likely need a professional Southern California DUI defense attorney to guide you.

June 2, 2010

Southern California DUI Blogs Report on Wrongful Death Settlement in Case Involving Major League Ball Player

by Michael Kraut

An unfortunate number of Southern California DUI cases involve athletes, politicians, actors, and other celebrities. But the Southland isn’t the only place where tragic accidents happen. Indeed, Southern Florida has also played host to a cascade of DUI tragedies involving celebrities (from hip-hop moguls to athletes). On May 24th, a settlement was announced in one of the most heart-rending recent DUI cases – Jim Leyritz, a former major leaguer who played for the Yankees and five other teams, settled for $350,000 pertaining to a DUI related car crash that left a Florida women, Fredia Veitch, dead.

The December 2007 crash occurred in Fort Lauderdale at 3 in the morning. Veitch had been a passenger in Leyritz’s car. Both were under the influence, and neither had been wearing a safety belt. According to the terms of the settlement, Leyritz’s insurance company will pay out $0.25 million to Veitch’s family at a rate of $1,000 a month for 100 months. Later this year, Leyritz is scheduled to face DUI manslaughter charges. Although he earned upwards of $10 million from playing in the major leagues, according to the plaintiff’s attorneys, he no longer has significant assets aside from his MLB pension.

A charge of Southern California DUI manslaughter can lead to extended jail time as well as a host of other penalties. But did you know that Southern California DUI law distinguishes between DUI manslaughter due to ordinary negligence and DUI manslaughter due to gross negligence? This distinction is important, particularly when it comes to sentencing.

If prosecutors can prove that you violated Penal Code Section 191.5(a) (gross vehicular manslaughter while intoxicated), you can wind up with a much longer sentence. So the debate over whether you exhibited “gross negligence” or not becomes key. A Long Beach DUI attorney can help you challenge charges by digging into toxicology reports, taking statements from witnesses and vetting them, analyzing police reports, and otherwise searching for evidence or arguments that can exonerate you or at least reduce the severity of the charges.

Of course, any charge of Southern California DUI manslaughter – whether it involves a baseball player or a non-celebrity – requires delicate and sympathetic handling. A seasoned attorney can provide a powerful defense.

May 11, 2010

Cinco de Mayo Southern California DUI Arrest for Shaun Palmer, X-Games Champion

by Michael Kraut

Shaun Palmer, a 41-year-old snowboarding legend, was arrested for driving under the influence in Southern California last Wednesday in South Lake Tahoe. According to local police reports, the snowboarder was arrested along with seven other people in a standard DUI patrol. Cinco de Mayo 2001 saw elevated numbers of arrests across the Southland. In Phoenix, AZ, a valley patrol picked up 171 people for driving under the influence – with an average BAC of 0.141%, nearly twice the legal limit for Los Angeles DUI.

Palmer is no stranger to alcohol-related legal troubles. Four years ago, Lake Tahoe police pulled over a car in which Palmer was a passenger. The female driver was tagged for driving under the influence in Southern California. Palmer insisted on going to jail with her. So the police arrested him for being intoxicated in public. In a separate incident in 2008, Palmer was again arrested on public intoxication charges after he intervened in a fist-fight at a local beach.

X-Games legend Shaun Palmer was only charged once with Southern California DUI – his other two arrests were for public intoxication. But what happens when someone is actually convicted of multiple Los Angeles DUI charges within 10 years?

As you might expect, the penalties ratchet up. First time offenders can face 48 hours in jail time (mandatory), $1,000 in fines on top of other court related costs, a one year driver’s license suspension, six weeks minimum alcohol school, and other terms of probation. For instance, police may be able to search you without reason while you are on probation. In addition, you may be forbidden to drink alcoholic beverages during your probation.

Second time Burbank DUI and Glendale DUI offenders get stricter punishments: a minimum jail sentence between 4 and 10 days, 18 months minimum alcohol school, two years California driver’s license suspension, and higher fines and court costs. If you are convicted three or more times within 10 years, your penalties really go up. For instance, you will get a mandatory minimum of 120 days in jail – that’s nearly four months. A fourth time DUI conviction can even be considered a felony – even if there are no complicating factors, such as an injury to another driver.

Whether you have been arrested for your first Glendale DUI or your second or third charge within 10 years, nothing can replace the guidance of a proactive, court-savvy DUI defense attorney. Without good guidance, you could easily complicate your case and wind up with a harsher sentence than you might deserve.

May 5, 2010

Administrative Officer Charged by DA’s Office with Los Angeles DUI – After Leaving Party Hosted by the DA Himself!

by Michael Kraut

In an ironic Los Angeles DUI case, Miguel Santana, a 40-year-old LA city administrator, has been charged with driving under the influence in Southern California following an evening of partying with none another than District Attorney Steve Cooley. Last Monday, Cooley’s office filed Los Angeles DUI charges pursuant to Santana’s March 26th arrest in Covina for driving with a blood alcohol content of 0.15%.

Santana, who wields extensive budget authority for Los Angeles, attended an American Diabetes Association fundraiser at a Marriott Hotel along with DA Cooley on March 26. He left the party in a city-owned car and got stopped and arrested by the CHP (California Highway Patrol) in Covina. Santana made a $5,000 bail and issued a public apology the following morning. In the wake of the arrest, Santana entered an alcohol treatment program, turned into his city car, and took a temporary leave to deal with his legal situation. He went back to work on April 15th. A May 25th arraignment has been scheduled.

According to the DA office’s allegations, Santana had a BAC of 0.15%. What exactly actually does Southern California DUI law say about BAC levels?

Two California Vehicle Code Sections are critical: CVC Section 23152(a) and CVC Section 23152(b). 23152(a) says that a driver stopped while under the influence of alcohol or drugs can face criminal charges — either a misdemeanor or a felony depending on circumstances. If you get convicted of multiple DUIs within a 10-year period, or if you injure someone during the commission of a Pasadena DUI, for instance, you may face a felony. Punishments can include a loss of California driver’s license, major fines, and mandatory installation of an interlock ignition device in your car.

23152(b) defines driving under the influence in Glendale (or elsewhere in Southern California) “per se” as driving with a BAC of 0.08% or higher. In Santana’s case, his BAC of 0.15% was nearly twice the legal limit – perhaps high enough over the limit for him to face additional charges on top of standard misdemeanor Southern California DUI.

What Can You Do If You or a Loved One Faces Similar Charges?

Legal options abound. But if you don’t take smart and decisive steps to build a strategic defense, you could wind up facing harsh penalties that can follow you for years.

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 21, 2010

More Peculiar than Even a Celebrity Los Angeles DUI — Case Out of Reno in Which Both Passenger and Driver Arrested Simultaneously for DUI!

by Michael Kraut

Southern California DUI headlines about indiscreet celebrities and sports figures capture a sizable (perhaps undue) slice of the American attention span. But today we are reporting on a story that’s potentially even more bizarre than the standard Lindsay Lohan DUI or Paris Hilton DUI type affairs.

A breaking story out of Reno, Nevada has lit up the blogosphere — even though no celebrities, sports figures, or even politicians were involved. Why all the fuss? Because it involves two men simultaneously arrested for driving under the influence in one stop.

The back-story
Last Tuesday, a motorist called the Reno police after he saw an SUV weaving around the road near Sparks Steakhouse (near McCarran Boulevard in North Reno). The motorist saw the SUV stop. The passenger hopped out of the vehicle, walked around to the driver, pulled him out and then carried him like a sack of potatoes back to the passenger side. The passenger then got into the driver’s seat and drove away.

By this time, police had arrived — in time to see the new driver (the former passenger) veering erratically over the road. Police pulled over the SUV and tested both men — Michael Yell and David Dudick — both of whom tested three times over the state’s legal limit of 0.08%.

“Double dip” Southern California DUI stops occur infrequently — but this incident out of Reno was not even the first of its kind that this blog has covered (if you recall, several months ago, we reported on a husband and wife who both got arrested for driving under the influence in Los Angeles at the same stop — although each was driving a different car).

Two statutes govern Long Beach DUI charges.

The first, California Vehicle Code Section 23152(a) defines the term “driving under the influence” as a crime that can lead to your arrest. It also stipulates the many consequences that await convicts, including driver’s license suspension, fines and court costs, points on your license, jail time, and mandatory alcohol education. (The statute does not, obviously, talk about the secondary fallout from these primary punishments — such as increased insurance rates, potential difficulties with employers, and so forth — but convictions under the statute can have long-term and complex consequences).

The second, California Vehicle Code Section 23152(b), defines DUI “per se” as driving with a blood alcohol concentration of 0.08% or greater. California Vehicle Code Section 23578 defines so-called excessive blood alcohol content as a BAC of 0.15% or higher. This may lead to a DUI penalty enhancement — in other words, your punishments can be even greater than they might be for a standard BAC violation.

Whether you were arrested under suspicion of driving under the influence in Long Beach, Burbank, Glendale, or elsewhere in Southern California, you will likely want an attorney to represent you through the various phases of your defense. Do not underestimate the power of prosecutors. The state tends to be particularly aggressive with DUI suspects.

April 19, 2010

Celebrity Los Angeles DUI Reporters Obsessed with Former NBA Star’s New DUI

by Michael Kraut

Across the blogosphere, reporters who cover celebrity Los Angeles DUI events have been chiming in with opinions about the arrest of Rod Strickland, an Assistant Coach for Kentucky’s basketball team and former NBA star (17-year NBA veteran, in fact). The 43-year old Strickland was arrested at 3 a.m. on April 13th in Lexington, Kentucky after police saw him run a red light.

Per court documents, Strickland failed a breathalyzer test. Police remanded him to the Fayette County Detention Center on charges of driving under the influence, running a red light and lacking registration and insurance.

Strickland has run afoul of the law numerous times over the past several years:

o In 1994, he and a fellow teammate on the Portland Trailblazers got into a fistfight with a truck driver, earning Strickland a misdemeanor battery charge.
o In 1998, Strickland collected his first DUI conviction.
o In 1999, while with the Wizards, he collected another DUI and reckless driving charge but managed to get acquitted.
o In 2001, in Virginia, Strickland got arrested for driving under the influence again.

The laws governing Kentucky and Southern California DUI matters are different in significant ways. Let’s look at a common test for Los Angeles DUI — the famous Breathalyzer Test.

The breathalyzer is a handheld device that intakes a suspect’s breath and chemically analyzes it to determine its alcohol content. From the sample, analysts extrapolate a BAC number (blood alcohol concentration). If your BAC is at or above 0.08%, you can be found in violation of the California Vehicle Code Section 23152(b) and suffer a range of penalties, including court costs and fines, jail time, mandatory alcohol school, probation, and forced installation of an interlock ignition device.

Breathalyzers are not error-free, however. Indeed, a surprising variety of factors can interfere with test results. Men and women process alcohol differently and at uneven rates. Breathalyzers do not distinguish between ethanol — the active ingredient in alcoholic beverages — and certain other chemicals. Diabetics may blow false positives due to chemicals in their breath. Different exhalations can yield different BAC readings — even from the same person taken at the same time! And calibration problems, administration problems, inadequate care of machinery and mis-reading the instrument can all lead to false positives — and that can mean false convictions for Southern California DUI charges.

But what if a breathalyzer said you had a BAC above 0.08%? Will you be stuck with a Burbank DUI or Glendale DUI charge? Or can you do something to fight back and prove your innocence?

Defendants do have options to battle back. A reliable, trial-proven lawyer can investigate your breathalyzer test results and determine whether they can be challenged on any number of grounds. He or she can also devise a comprehensive strategy to dispute your Burbank DUI charge — or at least provide a best-case defense for you.

April 7, 2010

Joey Porter will not be charged with Southern California DUI

by Michael Kraut

Joey Porter, a linebacker for the Arizona Cardinals, was arrested for Southern California DUI last week in Bakersfield near a Taco Bell. The 33-year-old allegedly got into a confrontation with the officers who arrested him – slapping a police officer’s hand when the officer opened his car door – but DUI allegations against the athlete have been dropped, according to the local Deputy DA.

According to reports, Porter tested right around the limit for Southern California DUI – different readings gave BACs at 0.07% and 0.08%. Prosecutors did not believe they had unambiguous evidence to convict. Deputy DA Mark Pafford was quoted in a Bakersfield paper about the matter: “We do not believe that there will be a reasonable likelihood that a jury would find Mr. Porter guilty… we thought it was not appropriate for us to proceed.”

Interestingly, apparently Porter had been pulled over at the same time as his friend had been pulled over – the double stop may have complicated the investigation and would certainly have made any kind of trial (if it had come to that) more complex.

Porter’s case of Southern California DUI aside, how exactly do breathalyzer tests determine whether or not prosecutors press for charges like DUI in Glendale?

The breathalyzer test is the most common type of BAC test employed in the Greater Los Angeles area. Theoretically, breathalyzer tests should work easily. All a suspect has to do is blow into a machine, which analyzes the breath and determines based on chemical methods how much alcohol is in the person’s blood stream. If that alcohol concentration is above a certain magic number – in California that number is 0.08% – then that person should be tried and ultimately convicted for DUI in Glendale (or wherever).

In practice, however, it’s not simple. Breathalyzer readings are subject to all sorts of errors. First of all, machines do not discriminate between men and women, between sick people and healthy people, and between people with different metabolisms. Deeper breaths into a machine may yield higher readings, and even false positives for DUI in Southern California. The machines can be misread. Officers can screw up the paperwork and record numbers incorrectly. Other chemicals in the blood or even on the machine can interfere with readings. And so on and so forth.

The inherent flaws in breathalyzer testing notwithstanding, if you have been charged with DUI in Pasadena, you likely need an expert attorney to help you navigate the legal system. It’s not enough simply to argue that “The breathalyzer test was wrong!” Unless you have evidence and argumentation to back up your claim, and unless you understand the proper legal protocol to defend yourself, justice may not be served.

Fortunately, you don’t have to go down this road alone.

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.