DUI Punishment

March 17, 2010

Sports Reporters and Celebrity Los Angeles DUI Bloggers Demand More Information about Yankees Executive’s Arrest

Sports reporters from ESPN and independent bloggers who cover celebrity Los Angeles DUI stories are demanding more information about the arrest of New York Yankees Senior VP, Mark Newman, who was pulled over last Monday for driving under the influence in Florida.

Newman, who has served the Yankees for over two decades in player development, was pulled over for DUI in Tampa and taken to Hillsborough County Jail, according to the AP. He allegedly did not take a blood alcohol test and got released after posting a $500 bail. An AP reporter left a message on Newman’s cell phone, which the executive did not return.

The Yankees have been working overtime to do damage control. The organization released this short statement 24 hours after the stop: “the team is taking the situation seriously and is looking into the matter.”

With so many incidents of athlete Los Angeles DUI in the news lately – just scroll through this blog, for instance, to see a veritable roster of A-List athletes in trouble – many bloggers and sports commentators are not satisfied with the dearth of information about Newman’s arrest. Here you have the Senior VP of Operations for the Yankees bustled for DUI, and yet the press only prints half a paragraph about the story.

Have we become so inured to stories about celebrities being busted for driving under the influence in Burbank (and elsewhere) that we no longer have the patience to track all the different instances of athlete DUI? What can be done to slow the flood of DUI arrests — not just among athletes and celebrities but also among “common” citizens?

We believe that if people understood the law clearer, we would likely see fewer instances of DUI in Burbank (and elsewhere) and better driving in general. After all, studies show that simply attending to information can change behavior. Monitor the amount of power your home uses, for instance, and you will cut back on your energy uses subconsciously. So, if people spent more time just thinking about Southern California DUI laws, perhaps this could alter behavior in a positive way. And that’s partly what we are trying to do here with this blog.

To that end, let’s take another look at California Vehicle Code Sections 23152(a) and 23152(b). These laws spell out precisely what it means to drive DUI in Burbank and elsewhere in Southern California. They also stipulate the punishments that convicted offenders could get – these range from jail time to fines and court costs to strict probationary terms to mandatory installation of Interlock Ignition Devices (IIDs).

23152(b) stipulates a blood alcohol concentration (BAC) at or above 0.08% as the so-called “legal limit.” If you drive with a BAC of 0.08% or higher, that means that you are driving DUI.

Responding to charge of Los Angeles DUI

March 4, 2010

“Guilty” Verdict Handed Down in Southern California DUI Case for Pro Bowl Wide Receiver

by Michael Kraut

Last Wednesday, Chargers wide receiver Vincent Jackson pled guilty to driving under the influence in Southern California in January 2009, and prosecutors set the terms of his sentencing.

The 27-year old Jackson had been arrested in January with a BAC of 0.17% (California’s legal limit is 0.08%). The January ’09 arrest was actually his second Southern California DUI. He was busted in June 2006 and convicted for that DUI — netting him a $1,750 fine and five years of probation. This time, he did not get off so easily. In addition to a concomitant fine (of $2,408) and another five years probation, the wide receiver will have to do 15 days of community service and will likely be suspended by the National Football League for at least two games.

In light of recent comments Jackson made in the radio interview, during which he taunted his prosecutors, many analysts are saying that Jackson is getting off pretty easy. For a comparison, the City Attorney’s Office had requested the Judge to give Jackson 180 days in jail — also known as “substantial custody.” City attorneys were also miffed because Jackson managed to pull off a string of continuances that allowed him to delay his Southern California DUI sentencing until after the NFL season. (Nevertheless, San Diego’s City Attorney did not oppose the two continuances when they were filed.)

The Jackson sentence may or may not be an aberration, depending on who you speak to. But how do the sentencing guidelines differ for first and second time Burbank DUI offenses?

Sentencing can depend on a host of factors, including the context of the DUI arrest, whether or not the defendant cooperates with prosecutors, whether anyone was injured during, and so forth.

That said, typical first time penalties for Southern California DUI include:

• 48 hours in jail with six months maximum imprisonment
• Mandatory installation of Interlock Ignition Device (IID) — this is a new punishment that went into effect in January 2010
• Six weeks minimum DUI alcohol school (nine months maximum)
• A suspension of California driver’s license for a full year
• $1,000 fine
• Court costs (often can be significantly higher than $1,000)
• Strict terms of formal probation for misdemeanor DUI offenders

Second time DUI offenders typically can get the following penalties:

• Jail time of four to ten days (minimum); maximum six months
• Two year suspension of California drivers’ license
• 18 months minimum DUI alcohol school (30 months maximum)
• Imposed installation of IID
• Fines and court costs which can be much higher than first time DUI fines
• Probation terms which can be much stricter than terms for first time violators

For help analyzing your Burbank DUI defense, you may need to turn to an experienced attorney.

February 15, 2010

Hit and Run Southern California DUI Accident Embroils Manhattan Beach Police Department in Scandal

by Michael Kraut

A Southern California DUI crash has rocked the Manhattan Beach Police Department.

Here is the story, as reported in The Daily Breeze:

#1) On January 31, a car collided with two other vehicles at the intersection of Sepulveda Blvd. and Manhattan Beach Blvd.

#2) The driver fled the scene and abandoned his vehicle at a nearby Arco Gas Station parking lot.

#3) Police called in to investigate discovered that the driver was one of their own — a fellow Manhattan Beach officer.

#4) Instead of arresting their cohort for Southern California DUI and hit and run, the officers did not issue any report or make any arrests.

#5) News of this dereliction of duty reached the Manhattan Beach Chief of Police, Rod Uyeda, the next day.

#6) Uyeda quickly alerted the LA County Sheriff’s Department to conduct an internal investigation, and he issued a public statement to the community to reassure them that the actions of the few independently-minded police officers should not be construed as indicating that the Manhattan Beach Police Department would condone or tolerate bad behavior.

Fortunately, the two other drivers hit on January 31st suffered only minor injuries (and some property damage to their vehicles). The Southern California DUI hit and run cover up comes on the heels of a similar incident last September that took place in Torrence at the corner of Robert Road and Pacific Coast Highway. (A Torrence police sergeant drove under the influence of alcohol, hit another vehicle, and sped away from the scene.)

California Vehicle Code Sections 23153(a) and 23153(b) stipulate that it is a violation of California law to injure another person while driving under the influence of narcotics or alcohol. If you hurt another person while driving with a BAC of 0.08% or higher, you can be slapped with a felony charge and face life changing penalties, including jail time, high court costs and fines, drivers license suspension, forced restitution to victims of the injury, and more.

If you’ve been hit with a charge of driving under the influence in Los Angeles, you’re likely feeling anxious, nervous, and confused. Take proactive steps to gather yourself and begin to craft an appropriate defense to the charges against you.

February 2, 2010

Southern California DUI Community Notes Bengals Linebacker’s DUI Troubles

by Michael Kraut

On Friday, Southern California DUI blogs buzzed with the news that homegrown sports hero, Ray Maualuga, had been arrested for DUI in Covington Kentucky. The 23-year-old Maualuga — who was drafted by the Bengals in 2009 out of the University of Southern California — reportedly had been driving with a BAC of .157 when his 2003 Pontiac spun out of control and smashed into a parking meter and two cars. No one was injured. But Maualuga did cause minor but significant property damage. The Bengal’s linebacker tested at nearly twice the Kentucky (and California) legal limit of 0.08%. He is scheduled to return next month to Kenton County District Court for a hearing on the matter. In addition to the gamut of potential court imposed penalties, Maualuga faces the possibility of being disciplined by the NFL for violating the league’s personal conduct policy.

This morning, Maualuga Tweeted to his Twitter followers about his remorse over what happened. He vowed to “do everything in my power to gain ur trust back! I will definitely learn from this!”

Whether you’re pulled over for DUI in Covington, Kentucky or DUI in Pasadena, California, the consequences of conviction can be life changing. Here in Southern California, the basic relevant laws are encapsulated in two sections of the California Vehicle Code: sections 23152 (a) and (b). The first section stipulates that a driver pulled over by the police while under the influence of alcohol or drugs can be placed under arrest and charged with a misdemeanor or felony. If the Court convicts, he or she will face punishments like jail time, license suspension, points on the license, and fines and court costs. As of January 1, 2010, even a first-time Pasadena DUI offender will be required to install something called an interlock ignition device (IID) in his or her vehicle. This mechanism prevents a driver from starting the engine unless he or she blows into a Breathalyzer like device first.

Section 23152 (b) stipulates that a driver who operates a vehicle with a blood-alcohol concentration of greater than 0.08% can be arrested for DUI. Officers use a number of tests to determine this BAC number — including urine analysis, breathalyzers, and blood tests. Each of these common methods has pluses and minuses.

If you’re arrested for a Pasadena DUI, it can help to discuss your matter with a qualified and proven lawyer. After all, perhaps your BAC test was biased, inaccurate, or improperly interpreted. The only way to build a superior defense is to analyze all relevant facts in context. Most Pasadena DUI attorneys spend their entire careers only arguing for defendants. As a result, they may be blinded to certain solutions.

January 27, 2010

Sentencing Issued in Southern California DUI Manslaughter Case

by Michael Kraut

Last Friday, Corporal Elijah Fergusson (22) was sentenced for Southern California DUI manslaughter for a February 22nd, 2008 car accident that resulted in the death of an area doctor, Dr. Michael Sein.
On the night of the accident, Fergusson, a young marine who had just returned from a tour of duty in Iraq, had been playing drinking games on his marine base. His friends hid his car keys. But then Fergusson got into a phone altercation with his wife, who threatened to leave him. Determined to see her and his young child, the marine allegedly bullied his subordinates into letting him drive a Dodge Cavalier. But he got lost on the way to his house and ended up on McArthur Boulevard, where he slammed into the back of Seins’ vehicle at 74 mph.

Fergusson’s attorneys had argued that the marine got PTSD on his tour of duty in Iraq and that therefore he should be let off with a more lenient sentence. In the end, Judge Ronald Bauer of Superior Court agreed with the Deputy District Attorney’s recommendation of 15 years to life for the DUI manslaughter. (The family of the victim had asked for a 21 year to life term.)

The distinction between Southern California DUI vehicular manslaughter and DUI murder can be subtle. Most non experts assume that charges of vehicular manslaughter, gross vehicular manslaughter while intoxicated, and DUI murder are interchangeable. But in fact they are extremely different. They carry different penalties and require different burdens of proof.

In California, a vehicular manslaughter charge can be filed if a driver causes a traffic accident due to negligence, gross negligence, or the commission of a traffic infraction. Whether or not you were under the influence when the accident happened is immaterial for this charge.

The charge of gross vehicular manslaughter while intoxicated is far more serious — pursuant to penal code section 191.5(a), the prosecution must prove four points in order for this charge to stick:

1) The suspect was driving under the influence in Southern California with a BAC level of 0.08 percent or more.
2) The driver committed an infraction, misdemeanor, or other act that could lead to death.
3) The infraction, unlawful act or misdemeanor could lead to someone’s death “with gross negligence.”
4) The grossly negligent actions of the driver were the cause of the death of somebody.

DUI murder charges are even more serious. These charges are often called “Watson murders.” If convicted, an individual can face 15 + years to life in jail. Watson murder charges are typically only brought in extreme cases. For instance, if the suspect has numerous DUI convictions and then gets behind the wheel while under the influence and kills someone, he or she might be subjected to a Watson murder charge.

If you or someone you know or love has been charged with vehicular manslaughter, gross vehicular manslaughter while intoxicated, or DUI murder in Southern California, you likely need a solid, well versed attorney to represent you.

January 21, 2010

Southern California DUI Charges for Chargers Receiver? Not Quite. But Last Few Days Clearly Have Not Been Kind to San Diego Football.

by Michael Kraut

In January 2008, Chargers receiver Vincent Jackson got busted for driving under the influence in Southern California. Today – nearly two years to the day since that arrest – Jackson’s driving troubles are again making headlines. Sunday night, just hours after the Chargers lost a bitterly contested battle against the New York Jets for the right to continue on in the playoffs — Jackson got pulled over by San Diego police for blasting music from his car. The officer found that Jackson had been driving on a suspended license and had expired tags. San Diego 10 News reported that Jackson was not actually taken to jail — but he did get handcuffed at the scene.

In addition to his January 2008 DUI charge, the troubled receiver is also grappling with a second Southern California DUI charge; his BAC level in that case was allegedly twice the CA legal limit of 0.08%. He got a continuance on this charge last week, but if he’s ultimately convicted, the NFL could suspend him.

What happens when you’re arrested multiple times for driving under the influence in Southern California?

Obviously, penalties increase. But how, specifically? And how might these increased threats impact defense strategies?

In one sense, every case is different. Sentencing can depend on eclectic factors such as:

* the lawyers involved
* the judge you get
* the arguments you make
* the context of the DUI arrest
* your level of contrition
* etc

That said, mandatory punishments for first time misdemeanor DUI offenses differ from from mandatory multiple DUI punishments in some key ways.

First-time punishments often include:

* CA driver’s license suspension
* $1000+ fine
* Additional costs levied (can vastly exceed the $1000 fine)
* 48 hours behind bars (six months maximum)
* Forced DUI alcohol school
* Mandatory insulation of an interlock ignition device (IID) — even first-time misdemeanor DUI convicts must install an IID, subsequent to the law that went into effect on January 1, 2010
* Probation and other court imposed terms of release

But if, within 10 years, you get convicted of two+ charges of DUI in Southern California, possible penalties can increase in the following ways.

* Fines: whereas with a first-time misdemeanor DUI, the maximum fine is $1000; with multiple DUIs, this number can go up — way up.
* License suspension: a second DUI nets you a two-year suspension. A third DUI nets you a 18 month suspension. And so forth.
* Minimum jail time: A second DUI leads to a mandatory minimum sentence of 4-10 days behind bars. A 3rd DUI leads to a mandatory minimum of 120 days. A fourth DUI leads to a mandatory 180 days in jail. And that’s all just for misdemeanor convictions.
* Minimum time spent in alcohol school also goes up with each conviction.
* Terms of probation can stiffen with each new DUI conviction.

Building a stout defense to Los Angeles DUI, Long Beach DUI, or Whittier DUI charges is not easy, even for veteran defense attorneys.

January 14, 2010

Hollywood DUI Charge Dropped for Stephanie Pratt (Star of The Hills)

by Michael Kraut

People Magazine has reported that charges of driving under the influence in Hollywood against 23-year-old actress Stephanie Pratt were dropped on Thursday, January 7. The Hills‘ star reportedly plea-bargained her misdemeanor DUI down to a charge of “exhibition of speed” and received a relatively light sentence that included: 12 weeks of alcohol school, mandatory attendance at three AA meetings over eight weeks, and a nominal fine.

As this blog reported a few months ago, Pratt was arrested in the early hours of October 18, 2009 after partying with fellow celeb Holly Montag at the club Empire. She pled not guilty to her DUI charges in November. Pursuant to her plea arrangement, Pratt was ordered to see a physician for her substance abuse issues. But she reportedly did not attend a 30 day residential rehab because her doctor did not believe she needed the treatment.

Plea bargaining a Hollywood DUI charge — like Stephanie Pratt did — can prove exceedingly cumbersome and complicated, even if the facts and the law are on your side.

The challenges only increase when you’re charged with DUI with injury in Hollywood. According to California Vehicle Code Section 23153 (a), a basic misdemeanor DUI charge can be elevated to a felony DUI charge if the use of alcohol and/or illegal narcotics results in an injury to another person.

A panoply of punishments may be imposed for such a crime, including but not limited to:

* Forced restitution to the injured party or parties
* Hiked up insurance rates
* Significant court costs/fines
* Loss of certain rights, such as the right to vote
* California driver’s license suspension

All that said, even if you do hurt someone while driving under the influence in Hollywood, you won’t necessarily be stuck with a felony charge. Pursuant to the law, the prosecution make several key arguments in order to stick a felony charge:

#1: You were driving above the DUI limit of 0.08% BAC.
#2: You were negligent or otherwise in violation of California’s traffic laws.
#3: The injury resulted directly or indirectly from your negligence.

In other words, if you were below the legal limit; or if the other party was responsible or even partially responsible for the crash; or if you weren’t in violation of any traffic laws; you can still be hit with a misdemeanor DUI charge, but you won’t likely have to deal with a felony DUI charge.

As even this brief discussion regarding the nuances of Hollywood DUI law demonstrates, minor subtleties can have major impacts. That’s why it is almost always a good bet to invest in reputable legal help.

January 12, 2010

Former TV Host and Radio DJ Busted for Driving Under the Influence in Southern California

by Michael Kraut

The San Diego Union Tribune has reported that a former radio and TV anchor/personality, Allison Ross, was arrested early Sunday morning for driving under the influence in Southern California. Ross was a Southland celebrity in the 1970s and 1980s, during which time she anchored local TV station 8 (KFMB). In the 1990’s, Ross became a traffic reporter and got her own radio show on KNSD (7/39), which she co-hosted with former mayor, Roger Hedgecock.

According to reports, Ross had been driving the wrong way on the 7600 block of Faye Avenue, when she almost plowed headfirst into an oncoming police car. The officer swerved out of the way, then pivoted and followed her onto Kline Street. He pulled her over, administered a field sobriety test, and arrested Ross for misdemeanor DUI. She was taken to a local women’s prison in the nearby town of Santee.

Apparently, this is the 55-year-old’s first ever Southern California misdemeanor DUI charge.

Long Beach DUI law stipulates that a first-time misdemeanor offense can still be punished quite severely. Penalties can include:

* Mandatory interlock ignition device installation (law went into effect January 1, 2010)
* Two full days (48 hours) in jail, minimum; up to six months in prison, maximum
* Minimum of six weeks in DUI alcohol school (max, nine months)
* Suspension of Southern California driver’s license — license can be suspended for a whole year with no restricted license permitted
* Fines and court costs. The maximum fine is “only” $1000, but the court costs can significantly exceed this number.
* Probation. You may have to check in with a probation officer on a regular basis and/or abide by other court-imposed limitations on your freedoms.

To respond effectively to charges of misdemeanor DUI in Long Beach or elsewhere in Southern California, you generally need superior legal help. Obviously, you have the right to defend yourself in court alone if you choose, but given the significant consequences for your future if you don’t muster the best possible defense, it makes sense to connect with a knowledgeable, passionate, and credible lawyer today.

December 27, 2009

Southern California DUI Enforcement Challenges over the Holidays

by Michael Kraut

As the holiday season heats up in Southern California, and as the CHP rolls out over 250 checkpoints to tag drivers for Los Angeles DUI, Southland residents are craving information about how to minimize driving risks to themselves and to their families. Here are some factors that make driving in Southern California over the holidays challenging.
1. Vast expansion of CHP Southern California DUI checkpoints.

From December 18 through January 3, the California Office of Traffic Safety will sponsor 250 checkpoints across the state. CHP statisticians have argued that increasing checkpoints increases driver safety and helps get Glendale DUI drivers off the road.

2. Weather.

Unfortunately for skiing and snowboarding fans, most of Southern California will not experience a White Christmas this year. That said, the lack of snowfall ironically may be kind of a hazard. After all, studies suggest that drivers pay more attention after a snowfall — and this extra attention yields a compensatory protective effect. In late December in Los Angeles, Orange County, and San Diego, however — when it’s typically mild and in the mid 60s — our roads experience not snow but rather rain. And this rain tends to create ultra-slick conditions, because the water loosens up dirt, oil, and other slippery sludge.

3. Changes in holiday traffic patterns can increase uncertainty on the roads.

During the holiday season, schools let out early, jobs close, and traffic in and out of airports like LAX increases substantially. These drastic alterations in the typical traffic patterns can create hazards above and beyond those associated with Los Angeles DUI. After all, traffic functions best when everyone “knows the rules.”

4. General increase in driver distractibility (texting, GPS systems, speaking on the cell phone, etc.) can also lead to an increase in uncertainty.

During the holiday season, drivers typically get caught up in logistics of holiday travel, and this can likewise have a destabilizing impact that can increase accident rates.

5. Holiday carousing can lead to increases in Southern California DUI.

Holidays are notoriously a time of heavy carousing. The more drivers on the road under the influence of substances, the more accidents and injuries are likely to occur.

December 21, 2009

Nine More Most Talked about Celebrity and Southern California DUI Arrests in 2009 (Part II: July through December)

by Michael Kraut

The last six months of 2009 saw a plethora of Southern California DUI arrests, and many of the entertainment industry’s most well known players fell victim. Let’s take a closer look at some of the headline grabbing celebrity DUI arrests in 2009.

9. Pamela Bach — as reported in our December 2nd entry, the ex-wife of Baywatch superstar David Hasselhoff was pulled over on the 101 freeway for DUI just around two weeks ago with a BAC of around 0.14%. According to reports, she had a previous track record for DUI (arrest in 2007), and she posted a $15,000 bail.

8. Thomas Dekker — the 21-year-old star of Terminator: The Sarah Connor Chronicles was busted back in late October for driving under the influence in Southern California and injuring a bicyclist. His bail was set at a whopping $100,000.

7. Ronald Belisario — On August 27, the Dodgers reliever was pulled over by the CHP not only for driving under the influence but also for talking on his cell phone while driving. Ironically, the pitcher had literally just thrown a star relief performance to help the Dodgers nail down a win against the Seattle Mariners.

6. Jeffrey Donovan — the star of the USA Network series Burn Notice was booked on July 12 for DUI after nearly smashing into a police car in his 2009 Audi. After failing a roadside sobriety test, Donovan posted a $1,000 bail.

5. Shayne Lamas — Lamas was pulled over on November 14th for a DUI in Los Angeles after failing a breathalyzer test by a wide margin. She was cited for a “wet reckless” charge, fined $300 and ordered to be on probation for three years.

4. Stephanie Pratt — the 23-year old star of the The Hills was busted back in early November for DUI in Burbank after partying at a club called Empire. She made a $5,000 bail. Pratt had previously been arrested for driving under the influence back in 2006 in Hawaii.

3. Brawley Nolte — on October 7, the son of Nick Nolte (who himself was arrested for driving under the influence in Southern California back in 2002) was pulled over in Santa Monica and arrested not only for DUI but also for hitting another car. Brawley failed a roadside sobriety test and had to pay a bail of $5,000.

2. Roderick George Toombs — the WWF superstar formerly known as Rowdy Roddy Piper was arrested in the beginning of July in Hollywood for driving under the influence. The erstwhile nemesis of Hulk Hogan was released on a $5,000 bail.

1. Alexandra Kerry — in late November, the daughter of the US Senator and former Presidential candidate was pulled over for driving with a BAC level of 0.06%. Although the Los Angeles DUI charges were ultimately dismissed, Kerry did get cited for having an expired registration and had to pay a $5,000 bail.

BONUS: Artie Lang — Howard Stern’s longtime co-host was busted for driving under influence on July 10. Lang allegedly rammed into someone else’s 2004 Pontiac and was arrested on multiple charges.