Articles Posted in DUI

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.

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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.
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.

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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.

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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.

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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.

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?

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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.

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.

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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.

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.

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