DUI Category Archives — Page 17 of 24 — Los Angeles DUI Attorney Blog Published by Los Angeles & Southern California Criminal & DUI Defense Attorney Michael Kraut

December 2, 2010

Southern California DUI Bloggers React to “Hogan Knows Best” Sidekick’s Arrest

Many celebrity Los Angeles DUI arrests that “go viral” revolve around extremely well known celebrities like Lindsay Lohan, Mel Gibson, and Nick Nolte. But as this blog tries to highlight, many “minor” celebrity DUI arrests happen every week. Last week, Glenn Douglas Packard, a regular on the reality TV series “Hogan Knows Best” got pulled over for DUI in Miami Beach. Glenn%20Douglas%20Packard%20DUI.jpg

If you have recently been pulled over for a DUI in Pasadena, DUI in Glendale, DUI in Burbank, or DUI in Los Angeles or elsewhere in the Southland, the debate over Packard’s legal “prognosis” may intrigue you.

According to reports from the gossip website TMZ.com, a Miami Beach police officer pulled Packard over last Wednesday morning and observed that he “definitely had a strong odor of an alcohol beverage on his breath” and had “red and watery eyes, slurred speech, and unsteady stance.” Packard allegedly admitted to the officer that he was the evening’s designated driver and that he had had “only three drinks.” Packard submitted urine samples for testing. Low and behold, two tests came back below the Florida (and California) legal limit of 0.08%. He tested at 0.65% and 0.77% respectively – close to DUI but not necessarily over the line. As of this posting, it’s unclear how Packard’s defense will play out, but his conundrum might be instructive.

After all, in certain cases, it can be very difficult to completely deny a DUI charge. For instance, if you crash into a tree and test having a BAC of 0.35%; and if dozens of witnesses testify that they saw you chugging down Long Island ice teas like there was no tomorrow — then your ability to plead “not guilty” gets, shall we say, quite complicated.

However, many cases are very similar to Packard’s – they involve drivers who test near or at the legal limit, as defined by California Vehicle Code Section 23152(b), which says that a driver who operates a motor vehicle with a BAC of 0.08% or greater can be convicted for Los Angeles DUI and can face points on their DMV record, jail time, suspension of a CA driver’s license, court costs and fines, and other unpleasant penalties.

But even if you tested over the 0.08% limit, a savvy and experienced lawyer, such as Los Angeles criminal defense attorney Michael Kraut, can challenge the results of your test by doing things like examining the accuracy of the breathalyzer test, probing the police work done, and even looking for factors that might have interfered with the test results. For instance, diabetics often have chemicals on their breath which interfere with breathalyzer results and cause them to blow “false positives” for DUI.

The general point here is that, if you or someone you care about has been recently arrested for Los Angeles DUI, it behooves you to consult ASAP with a good lawyer. Attorney Kraut has a terrific reputation in the industry – not only is he well respected by past clients, but he is also held in high regard by judges and prosecutors, most likely because Attorney Kraut served himself as a prosecutor for 14+ years, and he attended Harvard Law School.

November 28, 2010

Los Angeles DUI Arrests This Thanksgiving Weekend

by Michael Kraut

DUI arrests were up significantly this Thanksgiving weekend. The California Highway Patrol assigned all available units to man the streets to catch as many Los Angeles DUI drivers as possible. The statistics have now been released and the number of drunk driver arrests are up. Over the same period last year there were 271 California DUI arrests. This year the number increased to 289 DUI arrests in California. The good news is that the number of driver’s killed was significantly down. The total number of deaths due to Los Angeles DUIs was down to eleven.

The statistics are as follows:

Burbank DUI cases

The number of Burbank DUIs also rose this weekend. The statistics are not fully in for the number of DUI arrests in Burbank. According to a leading Burbank DUI Defense Attorney, there has been a significant increase in the efforts of law enforcement in Burbank to stop the number of people driving under the influence of Alcohol in Burbank.

Pasadena DUI cases
The Pasadena Police Department mobilized their officers in an attempt to catch as many Pasadena DUI drivers as possible. While it may seem that that the efforts were overkill, the police want to put the word out this holiday season that driving under the influence in Pasadena will not be accepted. Ask any top rated Pasadena DUI Defense attorney and they will tell you that this is the best way to keep the public safe and away from harm.

Beverly Hills DUI Arrests
The Beverly Hills Police Department is one of the best trained and most highly paid of all law enforcement in Los Angeles County. The department leads the way in Beverly Hills DUI arrests and some of the highest jail sentences for a conviction of driving under the influence of alcohol in Beverly Hills. Beverly Hills DUI Defense Attorney Michael Kraut is one of the top rated DUI defense lawyers in California and he is often quoted in news and print media. When asked about DUI news in Beverly Hills, Mr. Kraut explains that the City has the resources and public backing to quash those charged with this crime within the City limits.

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 19, 2010

Broncos Linebacker Busted: Celebrity Los Angeles DUI Blogs Look at Implications

by Michael Kraut

Last Friday, D.J. Williams, a top linebacker for the Denver Broncos, got pulled over for driving under the influence in his Hummer, prompting many in the celebrity Los Angeles DUI community (and others in the media) to examine what appears to be a rash of sports figures – specifically NFL players – nabbed for misbehavior on the roads recently.

If, like Williams, you’ve been recently stopped and charged with DUI in Los Angeles, DUI in Pasadena, DUI in Burbank, or DUI in Glendale, the travails that the linebacker faced may seem familiar. According to a Friday report in the Denver Post, a Denver police officer pulled Williams over at around 2:40 in the morning. A Department spokesman said “(Williams) was contacted and ultimately taken in for a DUI.” Documents show that Williams also got a ticket for driving without his headlights on. He is scheduled to appear in court on December 13.

This arrest is not Williams’ first for DUI. On September 23, 2005, Williams got pulled over for DUI, after he attended a birthday party. He later revealed to the Denver Post: “Yeah, it is embarrassing…I know now you’ve got to have a driver or somebody driving you around when you plan on going out like that.” Williams’ plight may make things difficult for the Broncos. The NFL star is the team’s leading tackler, and the NFL’s personal conduct policy could require his suspension for 2 to 4 crucial upcoming games. Other NFLers recently hit with DUIs include Jared Allen, Vincent Jackson, and Braylon Edwards.

For Williams’ first DUI, he paid $740 in fines and served 24 hours of community service, according to the Post. If he is convicted a second time, he could face fines ranging up to $1500, 5 times as much community service, and a two year probation.

If you are convicted for Southern California DUI multiple times, you could face significantly greater penalties. Even first time offenders can have it rough. A court can impose 48 hours of jail time with a maximum of six months behind bars – just for your first misdemeanor DUI. You could also face a $1,000 fine as well as court costs. On top of that, you might face a one year driver’s license suspension, mandatory alcohol school, strict probation imposed by the court, and a forced installation of an IID device in your vehicle, which will prevent you from driving unless you blow a non-alcoholic breath into the device.

For your second Los Angeles DUI conviction (misdemeanor) within a ten year period, almost all of your possible penalties will be elevated. Instead of serving 48 hours behind bars, you will have to serve a minimum of 4 or maybe even 10 days behind bars. Instead of a one year driver’s license suspension, you will get a two year suspension. Instead of spending six weeks in alcohol school, you could face 18-30 months. And the penalties ratchet up from there with each successive Los Angeles DUI conviction you get within a 10 year period.

Whether you’ve been pulled over for your first DUI in Pasadena for blowing a breathalyzer result just slightly above the state’s legal limit of 0.08%, or you’ve been involved in a complicated injury crash on the 405, connect today with a responsible, resourceful Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut.

November 10, 2010

Celebrity Los Angeles DUI Bloggers Buzz about David Cassidy’s DUI Arrest

by Michael Kraut

Websites like TMZ.com and other gossip blogs that follow celebrity Los Angeles DUI arrests have been chatting non-stop about the arrest last week of David Cassidy. The actor and singer, who is best known for his role as Keith Partridge in “The Partridge Family,” got arrested in St. Lucie County Florida for driving under the influence.

If you or someone you care about has been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena, you probably can relate to the nervousness and confusion that Cassidy felt. As one of his representatives told the gossip website, TMZ.com: “He would never jeopardize anyone on the road… he has never been arrested in his life before for anything.”

According to reports, the 60-year-old was cruising in a 2008 Mercedes, when an officer saw him weaving in and out of lanes and pulled him over. The trooper noted that the ex-heartthrob smelled like alcohol and acted “nervous and confused.” After seeing a half empty bottle of bourbon in the back seat, the trooper asked Cassidy to take some field sobriety tests (FSTs), which the actor allegedly failed. Cassidy also took two breathalyzer tests and tested positive for DUI both times. On the first test, he blew a 0.13%. On the second test, he blew a 0.14%. Both numbers are significantly over the legal limit for Southern California DUI of 0.08%.

The Partridge Family singer was charged with failing to maintain his lane, driving with an open container of alcohol, and driving under the influence in Florida. After posting a bail of $350, he was released on his own recognizance.

What exactly are “field sobriety tests” that DUI suspects like David Cassidy have to take?

In Southern California, officers usually administer these roadside tests in a specific order. Usually, the first test is something called the horizontal gaze nystagmus test. This measures your pupil reaction time. An officer will likely also subject you to balance tests to measure your physical coordination. These exams could include asking you to stand on one leg, asking you to pace along the painted line on the road, asking you to tilt your head back and count to 30, and having you close your eyes and extend your arms and then try to touch the tip of your nose with your fingers. An officer may also subject you to mental tests. For instance, you may be asked to recite the alphabet backwards or do a counting test.

Key point: if you fail a field sobriety test, that doesn’t mean that you will be found guilty of DUI!

Indeed, the validity of FSTs can be challenged on a number of grounds. For instance, maybe the road was sloped or potholed, and this titled grade caused you to lose your balance. Or maybe you were simply fatigued from a long night or a bad conversation, and thus you couldn’t concentrate on the tasks being asked of you. Being pulled over for any reason can be extremely stressful and can cause certain people to behave in odd ways. The act of subjecting someone to a field sobriety test can actually change his or her behavior and make it difficult to understand the root cause of the behavior.

If you need help with constructing a Los Angeles DUI defense, you likely want to retain a top-caliber attorney who has the experience, wherewithal, and resources to help you.

November 3, 2010

Los Angeles DUI Analysts Ponder Oklahoma State Wide Receiver’s Big Texas Bust

by Michael Kraut

Many major Southern California DUI stories pertain to celebrity arrests, politician mishaps and “news of the weird” items like lawnmower DUI. But the DUI blogging community has been tracking a surprisingly high number of athlete DUIs lately – particularly in the Midwest. The latest celeb-athlete DUI arrest occurred in Texas last Monday, when Justin Blackmon, an Oklahoma State wide receiver — who, incidentally, boasts an astounding 1,112 receiving yards and 14 touchdowns this year — got pulled over and arrested, after an officer caught him zipping along Interstate 35 at 92 miles per hours in a 60 mile per hour zone.

If you have been caught and booked on charges of DUI in Pasadena, DUI in Glendale, DUI in Burbank, or DUI in Los Angeles, you might be able to relate to what happened to Mr. Blackmon. Apparently, the 20 year-old had been cruising on the highway after attending a Dallas Cowboys’ game. A spokesperson for the Carrollton Police Department reported that Blackmon failed a field sobriety test after he got pulled over for speeding.

In Texas, even trace amounts of alcohol in the system can lead to serious penalties for minors under the age of 21. While slightly different rules apply to California drivers, field sobriety tests across the nation have remarkably similar features. If you have been pulled over for driving under the influence in Los Angeles, you may have had to take field sobriety tests — exams which theoretically help officers determine your mental and physical state.

A typical first test is the horizontal gaze nystagmus test, during which an officer measures pupil reaction time to a stimulus (such as a flashlight). A slow reaction might indicate Los Angeles DUI. Subsequent tests will examine your balance. These could include the “walk the line test,” “one leg stand test,” “Rhomberg test” (tilting your head backwards and counting to 30), and the “finger to the nose test.” An officer may deploy some or all of these tests, and he or she may also test your mental facilities by asking you to do things like recite the alphabet backwards. Officers will also search for so-called “symptoms” of Southern California DUI, such as odor of alcohol on your breath, lack of physical or mental coordination, bloodshot eyes, inappropriate behavior, and admission to having consumed alcohol recently.

So what can you do if you or a loved one has recently been tagged with a charge of Los Angeles DUI? Whether you are a big sports star like Justin Blackmon or a “non celebrity,” the punishments for a conviction – even for a misdemeanor conviction – could be quite painful and severe. A qualified and experienced Los Angeles DUI lawyer can help you develop your case.

October 27, 2010

A Deadly Brew: Southern California DUI Experts Weigh in on Case of Woman Who Drove DUI While Texting on her Cell Phone

by Michael Kraut

Most Los Angeles DUI arrests involve one (or maybe two) violations of proper driving protocol. In other words, they are not overly extreme. But a breaking case out of Richmond, Vermont has made national headlines due to just the sheer outrageousness of the allegations. Apparently, a 49-year-old woman named Matilda Stacey crashed her car on I-89 while consuming alcohol and simultaneously text messaging on her cell phone.

If you have been recently charged with DUI in Glendale, DUI in Burbank, DUI in Los Angeles, or DUI in Pasadena, you have likely already reflected a little bit on your arrest and realized just how dangerous it can be to get behind the wheel while distracted or intoxicated.

According to police reports, Stacey had been driving on I-89 last Tuesday afternoon, when she drove her car off the road into guardrails and then into some trees. Her blood alcohol concentration (BAC) level tested at more than two times the legal limit of 0.08% (the same limit for Southern California DUI), and now she faces twin charges of driving DUI and text messaging while driving. As of this post, her crash remains under investigation.

Although in the case of Ms. Stacey, police had ample reason to suspect that she was driving while under the influence and inattentive (after all, she did crash into a tree), in other cases, the “symptoms of Southern California DUI” may be less than clear. Here is a list of possible symptoms that officers look for:

• Stumbling and loss of balance
• Inability to form words and mumbling
• Inability to answer officer questions coherently
• Odor of alcohol on the person or in the vehicle
• Admission to using alcohol or drugs
• Disheveled or unkempt appearance
• Incoherent stories about where the person has been
• Bloodshot eyes or watery eyes
The more of these symptoms that you exhibit, the more likely police will be to suspect you are DUI. You may also have to go through field sobriety tests (FST), such as balancing tests and tests of your mental coordination. As well, police may ask you to take a breathalyzer or blood test to determine your blood alcohol concentration level.

Remember, failing any one of these tests does not necessarily mean that you are DUI. And even if you tested positive for Los Angeles DUI in a blood test, a deeper analysis may reveal that the blood test got contaminated or misinterpreted or that something else was going on. To compile your best case, turn to the resources of an experienced Los Angeles DUI lawyer.

October 11, 2010

Celebrity Los Angeles DUI Offenders Beware: Don’t Let What Happened to Damon Evans Happen to You

by Michael Kraut

This blog has covered a spate of Los Angeles DUI and celebrity DUI arrests recently – including arrests of notable sport stars like the Jets’ Braylon Edward. In some celebrity drug/alcohol cases (e.g. Paris Hilton’s recent bust in Vegas for cocaine possession), the defendant escapes without serious consequences. In other cases – e.g. actor Chris Klein’s Los Angeles DUI conviction – the offender serves jail time and can witness a career implosion as a result of the DUI.

Let’s look at an example of the latter – the case of University of Georgia’s Athletic Director Damon Evans, who was arrested on June 30 for DUI in Atlanta, after an officer pulled him over in the town of Buckhead. The officer found that the (married) Evans had been traveling with a 28-year-old woman — Courtney Fuhrmann. According to the officer’s report: “I also noticed that the subject had a red pair of ladies panties between his legs.” Allegedly, Furhmann told the officer “just to let you know, it (the DUI) will be erased because he is the athletic director of UGA and he has that power.”

Ironically, Evans was only minutes away from starting his new contract with UGA. It would have given him $0.5 million a year. He resigned after the arrest, and he is now working in Boston. The point here is that — whether you are a celebrity or not, whether you get pulled over for driving under the influence in Long Beach or Calabasas — the consequences for your family life, your career, and even your freedom can be radical and devastating.

Your problems can multiply if you hurt someone or leave the scene of the accident illegally. A simple misdemeanor can be elevated to a felony, according to California Vehicle Code Sections 23153(a) and 23153(b). Your punishments can include everything from jail time and mandatory restitution to the person or people you hurt to secondary “down the line” consequences of the Long Beach DUI, such as loss of a license or a job, loss of the right to vote, and other long-term professional and personal difficulties stemming from your felony conviction.

A Southern California DUI defense lawyer can help you put up stiff resistance to the charges. Your choice of attorney does matter.

September 29, 2010

Another Coda to Lindsay Lohan’s Los Angeles DUI Story: More Jail Time for a Failed Drug Test

by Michael Kraut

This blog (and practically every other major and minor media outlet) has thoroughly covered Lindsay Lohan’s Los Angeles DUI arrest – and its numerous codas, side stories, and other moving parts. Last week, another bombshell dropped – pursuant to the 24-year-old actress’ failure to pass a court ordered drug test, Lohan will be heading back to jail.

Lohan — who left her latest rehab on August 24th — twittered to her fan base about her current plight and demonstrated some contrition: “I am taking responsibility for my actions and I am prepared to face the consequences.”

Last Friday, she went before Judge Elden Fox of Superior Court. According to a report from the gossip site TMZ.com, Lohan will likely have to go back to jail on October 22nd. Her jail sentence could stretch up to 30 days.

Lohan’s saga – including probation violations, repeated reprimands by the court, etc – is sadly not uncommon among people charged and convicted of driving under the influence in Long Beach (and elsewhere in the Southland).

The more Southern California DUI convictions you get, the more stringent your sentences and penalties will be. A first time offender, for instance, may be hit with a misdemeanor, a one-year driver’s license suspension, 48 hours in jail, a fine of up to a $1,000 (on top of court costs), mandatory alcohol school and more. But if you get convicted for a second or third time for a Long Beach DUI, your jail time, minimum alcohol school requirements, license suspension time, etc will all likely go up – and your probation terms will be far more restrictive.

If you get over three convictions within a 10-year span, you could face a felony charge.

Any Los Angeles DUI charge should be taken seriously – even if no one got hurt, and no property damage was reported. The strength of your legal representation can prove crucial.

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.