DUI Punishment

July 10, 2009

Media Coverage of Celebrity Los Angeles DUI Cases May Not Be Effective Deterrent, a Study Suggests

A study published in the May 2009 issue of the journal Alcohol and Alcoholism suggests that excessive media play for celebrity cases of driving under the influence in Los Angeles may be dulling viewers to the seriousness of drug and alcohol related driving dangers. Researchers cited coverage of the Los Angeles DUI process as it relates to celebrities like Nicole Richie, Lindsay Lohan, and Paris Hilton. According to a statistical meta-analysis, among celebrity DUI stories published in The New York Times and People Magazine, fewer than 4% of stories referenced injuries (or potential injuries) caused by the reckless behavior.

The Baltimore-based study, a joint venture between Johns Hopkins University and The Bloomberg School of Public Health, suggests that Southern California DUI matters can provide teachable movements for the populous.

One idea that some experts have discussed is to provide knowledgeable Southern California DUI defense attorneys more air time to discuss the ramifications of making bad choices behind the wheel. In may cases, former prosecutors who now practice Los Angeles DUI law know the process from both side, prosecution and defense. If the public begins to view these celebrity cases as more than tabloid fodder, perhaps more people will adopt better considered habits on the road.

According to California Vehicle Code section 23153(b), a person who drives a motor vehicle with a blood alcohol concentration of 0.08% or more and who subsequently hurts another person while driving can be charged with a felony. If convicted, the offender can lose his or her right to vote, serve prison time, pay substantial fines, and face other penalties. California Vehicle Code section 23153(a) elevates a standard misdemeanor DUI to a felony DUI in the event that the driver causes an injury to another human being.

Given the sobering punishments that convicted offenders can face, if you or someone you know has been charged, now is the right time to connect with a knowledgeable, effective, and well-respected Southern California DUI defense attorney.

July 7, 2009

Actress Lindsay Lohan Back in the News for Alcohol Related Reasons – But Fortunately Not another Los Angeles DUI

by Michael Kraut

A-list actress Lindsay Lohan, star of movies like Mean Girls and Freaky Friday, is back in the public spotlight over allegations of alcohol abuse. Her high-profile Southern California DUI in 2007 electrified tabloids and bloggers alike and led to speculation that Lohan had serious and perhaps even uncontrollable drinking problems.

Dr. Drew Pinsky, host of Celebrity Rehab with Dr. Drew, recently weighed in on Lohan’s alcoholic proclivities, suggesting that the actress would not come clean until she receives “a nearly mortal wound of some type.” Lohan responded with an angry public twitter message, in which she accused Dr. Drew of not being a “real” doctor. Meanwhile, a UK celebrity tabloid reported that Lohan had been spotted recently at a British club drinking, muttering to herself and generally acting like she was “in the middle of a complete breakdown.”

With the help of a Southern California DUI defense attorney, Lohan managed to avoid severe punishment for her 2007 Los Angeles DUI charges. But individuals caught driving under the influence in Southern California multiple times can face serious penalties.

Second time DUI offenders:

Typically charged with a misdemeanor
Minimum jail time between four and ten days
Must attend alcohol school for a minimum of 18 months
Can have their drivers’ license suspended for up to two years
Third time DUI offenders:

Minimum of 120 days in jail
Much steeper fines
Longer time in DUI alcohol school
Drivers’ license suspension with no chance of a temporary restricted license for school or work

Forth time DUI offenders:

Can face up to three years in prison
Additional increases in fines and driver’s license suspensions

Given how severe the punishment for a Los Angeles DUI can get for recidivists, offenders are well advised to connect quickly with a client-focused, effective Southern California defense attorney. An active legal strategy can minimize your penalties and maximize your chances of effectively recovering from your alcohol problems.

July 4, 2009

Celebrity Motorcycle Builder Billy Lane Accepts Plea Bargain in A Case That Could Have Ramifications for Others Charged with Southern California DUI

by Michael Kraut

Billy Lane, star of the Discovery Channel reality show Monster Garage, has entered a plea bargain arrangement pursuant to a Labor Day 2006 accident that resulted in the death of a fellow motorist. The incident took place in Melbourne Beach, Florida, on State Road A1a on September 4, 2006. Lane careered his Dodge pickup truck into a Yamaha bike driven by victim Gerald Morelock, who died at the scene.

As many Southern California DUI defense attorneys may have done, Lane’s lawyer advised his client to accept a plea bargain arrangement with prosecutors to serve nine years in exchange for dropping the charge of DUI manslaughter. Lane now will plead guilty to vehicular homicide. This is a more favorable charge because it does not include a reference to the alcohol element. The reality TV star faces sentencing on August 14.

Cases similar to Lane’s in Los Angles would likely be governed by California’s Vehicle Manslaughter Law, which allows prosecutors to charge offenders in many different ways. Perhaps the most serious is the charge of gross vehicular manslaughter while intoxicated, which is defined according to California Penal Code 191.5(a). For a prosecutor to prove this charge, he or she must show that the offender had acted in a reckless way that created an inordinately high risk of serious bodily injury or death to others. Furthermore, a reasonable person in a similar situation would have realized that the recklessness would have constituted such a risk.

July 1, 2009

NBA Legend Barkley Adhering to Terms of Probation Set after January 1st DUI near Los Angeles

by Michael Kraut

NBA legend Charles Barkley, 45, was arrested for driving under the influence of alcohol near Southern California (technically, Scottsdale, AZ) on the morning of December 31st, 2008, after he zoomed through a stop sign. Barkley allegedly told the officer who stopped him that he was in a hurry to rendezvous with a woman who had promised him oral sex. The 45-year-old NBA super legend, TNT announcer, and golf aficionado refused a breathalyzer test at the scene and was subsequently arrested. He later plead guilty to the charges and spent three days in jail. He also agreed to spend time in an alcohol treatment program and to pay a mandated fine of $2000. Barkley%20DUI.jpg
Driving under the influence in southern California and southern Arizona carries significant penalties, and offenders are usually advised to retain a veteran DUI attorney. In a May 2009 interview, Barkley expressed regret for his DUI. He also publicly admitted to driving under the influence of alcohol hundreds of times since he began playing in the NBA back in 1984.

The breathalyzer test that Barkley refused can be easily confounded, research shows. A Los Angeles DUI attorney might attack the results of a similar breathalyzer test according to a number of angles, including:
* Breathalyzers do not discriminate between men and women; since men and women process alcohol at vastly different rates, the results can thus easily get skewed.
* Most breathalyzers don’t distinguish between ethanol (the active compound in drinkable alcohol) and other chemicals that could be in someone’s system.
* Tests show wide variability in determining BACs for diabetics and others with metabolic disorders.
* Tests can falter due to poor instrument care, incorrect test administration, inaccurate calibration, bad readings, and police officer bias.

June 25, 2009

Los Angeles Felony DUIs are on the Increase

by Michael Kraut

Los Angeles Felony DUI and Southern California felony driving under the influence cases have increased recently. Prosecutors can file felony charges on a DUI charge if the a person is driving under the influence of alcohol or drugs, or has a blood alcohol level of .08 or higher, and a person, other then the driver, is injured in an accident. If the prosecution is going to file the charge then it would be under California Vehicle Code section 23153. In California, the if the person is simply driving under the influence, then the person must also violate some traffic law or have an accident. If a person has been arrested for a Los Angeles DUI, then it is best to immediately hire a pre-filing Los Angeles DUI defense attorney that can meet with the police or the prosecutor to see if facts can be brought to light to convince the prosecution not to file a felony.

Another way for the prosecution to charge a felony is if the driver has a bad record of driving under the influence. A conviction of three or more DUIs in a ten year period allows for the next DUI to be charged as a felony.

Lastly, the prosecution may charge a person with a felony DUI in Southern California if the person has previously been convicted of a felony DUI. Then, any subsequent DUI will be charged as a felony.

June 23, 2009

Country Singer Arrested for Multiple DUIs, is Los Angeles Bound

by Michael Kraut

Mindy McCready, a country music singer and former lover of pitching legend Roger Clemens, is on her way to Los Angeles, following multiple DUI arrests in other states, to join the cast of Dr. Drew’s Celebrity Rehab. Other cast members will include basketball star Dennis Rodman, actress Heidi Fleiss, and an array of other celebrities, some of whom have been arrested for driving under the influence in Southern California.
McCready’s troubles started in 2004, after she was arrested for illegally purchasing prescription drugs. One year later, in May 2005, she violated her parole arrangement and got pulled over for DUI. In July 2005, she was arrested yet again, this time in Arizona for identity theft, illegal use of transportation, and other charges. McCready’s serial violations of parole and ongoing troubles with DUI have created headaches — both legal and career-related — for the country music phenom. After being represented by a DUI defense attorney, McCready was recently released early from jail in October 2008 due to good behavior. She’s hoping that Dr. Drew’s Celebrity Rehab will introduce her to tools to avoid future charges for DUI in Los Angeles and elsewhere.

Pursuant to California Vehicle Section 23152(b), drivers who collect three Los Angeles DUIs within a ten-year period can be charged with a felony count, regardless of whether each individual deal would ordinarily have constituted a misdemeanor. Felony DUI charges can result in jail time, serious fines, license suspension, and an array of long-term problems. Convicted felons in California also lose the right to vote; and having a criminal record can make it harder to find employment, secure housing, get insurance, and take out loans.

June 19, 2009

Lead Singer of ’80s Glam Band Busted for Los Angeles DUI

by Michael Kraut

Celebrity gossip website Tmz.com is reporting that Jani Lane, the front man for the big hair band Warrant, was arrested on Wednesday for Los Angeles DUI. According to report, the 45 year-old singer–best known for the ’80s hit song Cherry Pie–careered into a parked car at around 9:30pm in the Woodland Hills area. The fact that Lane may have caused some property damage may complicate his defense against the charge of driving under the influence in Los Angeles.

Fortunately, neither Lane nor anyone else appears to have been injured in the accident. However, a report suggests that Lane had been acting drunkenly after police arrived at the scene, and his post-accident behavior may further complicate his case. A top notch Southern California DUI attorney could investigate whether Lane might be eligible for alternative sentencing options, such as rehab and treatment, instead of jail time and severe fines. Jani%20Lane%20DUI.jpg

As of this posting, Lane remains behind bars at the Van Nuys Division of The Los Angeles Police department pending a $30,000 bail. According to California Vehicle Code section 23152 (a), driving a motor vehicle while “under the influence” of alcohol and/or drugs constitutes a state crime that can be punishable by:

• Jail sentence
• Substantial fines
• Driver’s license suspension
• Points on your record at the DMV

Alternative or reduced sentences may be available to some defendants, including:

• Community service
• Mandatory drug/alcohol counseling
• Probation
• Smaller fines/less jail time

Fortunately for Lane, reports suggest that he will face a misdemeanor charge–not a felony. This is a ray of good news for the glam metal star, in that felony DUIs carry strict mandatory punishments, including jail time and license suspension, and can be more expensive to defend.

His sentence may also depend on details that have not yet been reported, such as:

• Did Lane submit to a blood, urine, or breathalyzer test?
• Has Lane been arrested previously on charges of driving while intoxicated in Southern California?
• How much property damage did he do, if any?

June 18, 2009

NFL Receiver Pleads Guilty To Vehicular Manslaughter in Case That May Have Implications for Los Angeles DUI Defenses

by Michael Kraut

On June 18th, Donte Stallworth, a star receiver for the NFL’s Cleveland Browns, pled guilty to hitting and killing a pedestrian while driving drunk near Miami’s South Beach. So many celebrities have been arrested for driving under the influence in Southern California and Southern Florida that it’s become something of a cliché. However, the results of this case may be instructive for DUI defendants everywhere.

Facts of the Case
On March 14th, the 28 year-old Stallworth had been celebrating a $4.5 million bonus he had received from the Browns at the Fountain Blue Hotel in Miami’s South Beach. After partying all night, Stallworth got behind the wheel of his black Bentley and drive on a Florida turnpike just as 59 year-old construction worker Mario Reyes was crossing the highway in an attempt to catch a bus. Stallworth saw Reyes crossing but did not react in time to avoid hitting him. Reyes died at the scene. stallworth_donte%20DUI.jpg

Stallworth immediately confessed what happened to the police. According to facts not disputed, Stallworth had beeen driving ten miles over the speed limit and had a blood alcohol level of more than 0.12% — higher than Florida’s cutoff for DUI of 0.08%.

If Stallworth had committed this crime in Southern California, he would have faced mandatory prison time. The crime of DUI resulting in the death of another person can be charged as either DUI with death or great bodily injury, or in rare occasions, murder. California has a unique crime called a Watson Murder. The prosecution only charges the most severe cases with this crime. In a Watson case, usually the Los Angeles or Southern California DUI suspect has had a history of Los Angeles DUI convictions and had been warned in court of the possible result of drinking and driving in which a person is killed while the suspect is driving under the influence. If convicted, the person faces a sentence of 15 years to life.

Stallworth fully cooperated with the investigation and accepted responsibility. As part of his plea bargain with prosecutors, Stallworth agreed to perform 1,000 hours of community service. His driver’s license has been suspended for life, and the NFL has suspended him indefinitely from playing the league. In addition, Stallworth has agreed to pay Reyes’s family an undisclosed amount in compensation for their loss. This arrangement was reportedly reached amicably among all parties.

Stallworth’s case may be instructive for other defendants facing Southern California DUI charges. With the guidance of a veteran Los Angeles DUI attorney, for instance, it may be possible for guilty offenders to mitigate their sentences–particularly when they demonstrate sympathy, compassion, and genuine regret for harms caused to the victims and victim’s families.

In Southern California, a defendant who committed a similar crime would likely be charged with “Gross Vehicular Manslaughter While DUI,” pursuant to CA’s Pen. Code, § 191.5(a). The penalty for this crime can be as severe as a jail sentence of up to 10 years per person killed.

To prove this charge against you, a prosecutor would have to show that:

1. You drove while intoxicated (on drugs and/or alcohol) with a BAC of 0.08% or more.
2. While driving DUI, you committed an unlawful driving act, such as running a red light or disobeying a posted speed limit.
3. Your unlawful driving act was such that it could cause what the state would deem “death with gross negligence.”
4. Your gross negligence led to someone else’s death.

June 12, 2009

Brad Pitt Rips Mel Gibson for his 2006 Los Angeles DUI

by Michael Kraut

In July 2006, actor Mel Gibson was arrested for a Los Angeles DUI. His subsequent rant at a Malibu police station sparked outrage from many quarters due to its sexist, anti-Semitic, and generally ridiculous nature. On Saturday, May 30th, actor Brad Pitt revived those bad memories for Gibson at Spike TV’s Guys Choice Awards, while accepting a “Guys Hall of Fame” award for his 1999 movie, Fight Club. Had Gibson hired a top notch Los Angeles DUI defense attorney, he might not have been convicted of his Southern California driving under the influence charge.

As Pitt received his award from Gibson, he grinned at his counterpart and said “thanks, sugar t**s!” — a clear reference to a widely publicized sexist remark Gibson made to a female sergeant at the Malibu police station, where he was remanded following his drunk driving escapade. Mel%20Gibson%20DUI.jpeg

Slip of the Tongue?

For weeks following Gibson’s rant, his “sugar t**s” remark served as fodder for blogs and talk shows. On top of the actor’s harassing comments, he also allegedly made drunken remarks claiming that Jews had been responsible for all the world’s major wars. The anti-Semitic comment earned him ire from Jewish groups like the Anti-Defamation League. At the time, speculation abounded about whether Gibson’s drunkenness could have explained his paranoid comments about Jews and saucy remarks to the sergeant.

While research has shown that people arrested for drunk driving in Southern California can behave abnormally and defensively; behavioral psychologists have disputed Gibson’s defense that his perverse comments were “caused” by alcohol alone.

In any event, Pitt’s playful decision to reopen the can of worms that was Gibson’s Southern California DUI may or may not have sat well with the actor/director responsible for films like Braveheart, The Passion of the Christ, and Apocalypto. But it certainly entertained the Spike crowd and kept the tabloids busy.

The more serious lesson here is that getting arrested for driving under the influence in Los Angeles can lead to long-term problems, particularly if the defendant does not handle himself or herself with grace and care.

June 11, 2009

Celebrity Charged with Los Angeles DUI — B-List Actress Lori Petty Arrested on Felony Count

by Michael Kraut

Lori Petty, an actress best known for her roles opposite Keanu Reaves in “Point Break” and opposite Tom Hanks in “A League of Their Own,” was arrested for felony Los Angeles DUI on Saturday, after she plowed into a 14-year-old skateboarder in Venice Beach. Hitting a pedestrian while driving under the influence in Los Angeles automatically constitutes a felony charge.

According to an AP report, Petty had been zipping through the nearly empty streets of the beach town, when she sideswiped the boarder. The police arrested Petty at around 9:30 p.m. and took her into custody at a Van Nuys jail. Petty spent five hours at the station before securing her release with a hefty bail of $100,000. Lori%20Petty%20DUI.jpeg

For someone in Petty’s position, hiring a top notch Southern California DUI attorney could prove crucial. Without a great defense, she could face severe penalties, even prison time.

When news of Petty’s arrest first broke, celebrity gossip sites buzzed with reports that the incident had been more serious than it turned out to be. The young skateboarder was treated at the scene for minor cuts and bruises; Petty escaped physically unharmed.

According to a Los Angeles police spokesman, Petty was not carrying proof of insurance in her car. It’s unclear whether the accident caused any property damage. It’s also unclear whether Petty was, indeed, legally intoxicated at the time of her arrest: her toxicology reports have not yet been released to the public.

This Southern California DUI arrest could not have come at a less opportune time for the 45-year-old actress, who, after starring in several major films in the 1990s, had been mounting something of a career revival by making guest appearances on TV dramas like House and Prison Break.

A felony Los Angeles DUI charge can be quite serious. If convicted, a defendant can face significant jail time, steep fines, driver’s license suspension, and other punishments. To make your best defense, you must anticipate the prosecution’s charges and prepare accordingly.