Long Beach DUI Defense Attorney

June 16, 2010

Former Yankee Busted for Los Angeles DUI

Hideki Irabu, former Major League pitcher for the Yankees, Expos and Rangers, got pulled over for driving under the influence in Los Angeles on May 17th on Redondo Beach Boulevard, according police reports. The 41-year-old Irabu had played for professional teams in Japan before coming to the United States to play in the Majors. Although Yankees fans generally liked Irabu, the pitcher famously publicly clashed with Yankee’s owner, George Steinbrenner.

According to police officers, Irabu was driving on Redondo Beach Boulevard, weaving in and out of lanes. Officers saw him nearly graze a parked car. They pulled him over, booked him around 2 AM, and released him on $5,000 bail the next morning at 10:30. Prosecutors may formally charge the former pitcher shortly.

Irabu is no stranger to scrapes with law enforcement. In August 2008, while visiting Osaka, Japan, he allegedly assaulted a bar manager over a bar tab after downing nearly two dozen glasses of beer.

If, like Irabu, you (or someone you love) face a similar charge of driving under the influence in Long Beach or elsewhere in Los Angeles, you could be facing consequences spelled out by California Vehicle Code Section 23152(a) or 23152(b).

23152(a) says that if the police stop you while you are driving a car while DUI (on drugs or alcohol), then you can be charged with a criminal act. A conviction could result in a criminal record, driver’s license suspension, jail time, significant fines, and all sorts of frustrating secondary consequences. For instance, your insurance rates may go through the roof, you may lose your job, and you may face stigma for your criminal record for years to come.

23152(b) makes it a crime to drive with a blood alcohol concentration of greater than 0.08%, and the same consequences stipulated in 23152(a) will await you.

So how can you effectively navigate charges of Long Beach DUI?

You could theoretically represent yourself or leave your case in the hands of a public defender. But consider how much is on the line for you. Jail is no joke, and while the short-term penalties can be excruciating and embarrassing, the long-term consequences can be practically unbearable. Thus, it almost always behooves defendants to connect with a reputable and experienced Los Angeles DUI attorney, who knows the laws as well as the people involved.

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 26, 2010

Standard Los Angeles DUI Stop Turns Scary as Passenger Shoots Police Officer

by Michael Kraut

A standard Los Angeles DUI stop in Santa Monica last Tuesday escalated to gunfire. The passenger in a vehicle stopped at 1.30 a.m. on the corner of Lincoln Boulevard and Bay Street shot a police officer while the driver was being put through the paces of a field sobriety test. Fortunately, the 16-year veteran officer did not sustain life-threatening injuries, although a bullet wound to the abdomen sent him to the hospital for extensive treatment.

Assailant caught after all-night chase
After shooting the police officer, the passenger fled. K-9 officers, police, and SWAT team members descended on the area and managed to track down the suspect three hours later. At 5:10 a.m., the suspect again engaged the police in gunfire. Officers shot the suspect, wounding him, and then took him into custody. The driver who was originally pulled over for Southern California DUI suspicion was arrested for DUI. Charges against both men are pending.

During the chase, police urged local Santa Monica residents to stay inside as dozens of armed officers patrolled the neighborhood. KABC News quoted sergeant Jay Trisler: “There was somebody who shot an officer, and we were really concerned about the public safety.”

Fortunately, most arrests for driving under the influence in Southern California do not escalate to violence and do not involve serious injuries. Field Sobriety Tests, on the other hand, are extremely common – whether you get pulled over for DUI in Burbank, DUI in Long Beach, or DUI elsewhere in the Southland.

So what are Field Sobriety Tests (FSTs) and how do they work?

Sobriety tests are tests that police officers conduct in the field, ostensibly to determine whether there is enough evidence to make a DUI arrest. In practice, however, officers often conduct these tests merely to gather evidence to potentially use against you in a court of law.

Officers use a Preliminary Alcohol Screening (PAS) Test to get an unofficial reading of your blood alcohol concentration (BAC). They can also put you through the paces of several mental and physical exams. The Horizontal Gaze Nystagmus Test measures pupil reaction time. Other tests — such as the Walk the Line, the One Leg Stand, the Rhomberg, and the Finger to the Nose — measure coordination and balance.

An officer who pulls you over for suspicion of driving under the influence in Long Beach may test your mental coordination by asking you (for instance) to recite the ABCs in reverse. The results of FSTs are by definition subjective – they are the officer’s opinion. Be aware that the National Highway Traffic Safety Administration (NHTSA) recognizes only 3 FSTs that yield significant results: The Horizontal Gaze Test, the One Leg Stand Test, and The Walk and Turn Test. But even these “gold standard” FSTs can yield a flawed diagnosis.

So what should you do if you or a loved one has been arrested for driving under the influence in Burbank (or elsewhere)?

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 12, 2010

Mindy McCready Back in the News — not for a Los Angeles DUI — but Rather for a Sex Tape Scandal

by Michael Kraut

Blogs that follow celebrity Los Angeles DUI arrests have seen a spike in interest in the criminal history of country singer Mindy McCready, thanks to new news reports suggesting that an hour-long sex tape starring the singer is set to be released.

McCready is no stranger to charges of driving under the influence. She was one of the main participants in 2010 Celebrity Rehab with Dr. Drew. Nashville Police stopped her in 2005 for suspicion of driving under the influence. Although the jury scrapped those DUI charges, they convicted McCready for driving on a suspended license. McCready has also been arrested in Arizona (for a battery of charges, including identity theft and hindering prosecution), Florida (for drug charge violations), and Tennessee (for probation violations).

The surfacing sex tape may give the beleaguered country singer a publicity boost as she releases “I’m Still Here,” her first country album in nearly a decade and a half.

McCready’s arrests have been scattered around the country, and she’s only technically been arrested for DUI once. But what happens to individuals — celebrities or not — who get charged with driving under the influence in Southern California more than one time?

As you might suspect, penalties increase for every additional Long Beach DUI arrest.

For instance, a first time Los Angeles DUI offender might be charged with a misdemeanor, for which the court can impose various penalties, including mandatory two full days (48 hours) in jail, a fine of $1,000 along with court costs, a six weeks minimum sentence of alcohol school, and a mandatory installation of an interlock ignition device. The court can also impose additional penalties and strict terms of probation.

If you get convicted of a second count of driving under the influence in Long Beach (within ten years), your mandatory minimum jail time goes up (4-10 days minimum), as does your mandatory alcohol school time (18 months). You will lose your license for two years (instead of one).

If you’re arrested a third and fourth time (or more) for Southern California DUI within a ten-year span, your penalties will become increasingly strict:

• longer jail sentences
• harsher probation terms
• longer driver’s license suspension
• possible upgrading to felony charges
• higher fines and court fees
• other punishments that the judge may devise
Dealing with charges of Long Beach DUI

Whether you’re facing your first or fifteenth DUI offense, it almost certainly behooves you to discuss your case in confidence with an experienced Los Angeles DUI attorney.

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.

March 21, 2010

Packers Tight End Busted for Southern California DUI

by Michael Kraut

Last Monday, Green Bay Packers tight end Spencer Havner was arrested for driving under the influence in Southern California, after he crashed his motorcycle in his hometown of Grass Valley, California. According to a report issued by the California Highway Patrol, the hometown hero had been zipping around on a cul-de-sac on his motorcycle (without wearing a helmet) when he flew off a shoulder and got into an injury accident.

A spokesperson for the police said Havner was taken to Sierra Nevada Memorial Hospital for examination. Havner suffered cuts, lacerations, and a fracture to his shoulder blade. At the hospital, he was tested and found to have a BAC level above the California limit of 0.08%. He was arrested and moved to Sutter Roseville Memorial Center.

The 27-year-old tight end had been a standout for the Packers this past season — in one of the Packers’ final playoff games, he caught a touchdown pass that tied the game.

Havner is fortunate, in that his DUI accident did not lead to any injuries to other people. According to California Vehicle Code Sections 23153(a) and 23153(b), if you hit someone while driving under the influence in Long Beach (or elsewhere in Southern California), your simple misdemeanor charge could be elevated to a felony count. This is a much more serious charge. It could result in longer jail time, harsher probation, steeper fines, and the loss of the right to vote.

Of course, the law is nuanced. If you hit someone while DUI in Long Beach (or elsewhere), but you can show that you had not been doing anything illegal, driving-wise, you may NOT be charged with a felony and may be able to get off with a simple misdemeanor. For instance, let’s say a pedestrian darted in front of your motorcycle, and you hit him. Although you may have technically been driving under the influence in Southern California when you hit him, since the pedestrian was at fault for the accident, you likely would NOT be charged under California Vehicle Code Section 23153(a) or 23153(b).

Any charge of Long Beach DUI is a serious one.

If you or a family member has been arrested for Southern California DUI, it may behoove you to connect with an experienced defense attorney to learn more about your rights and obligations under the law.

March 8, 2010

Southern California DUI NewsFlash — Anti-gay lawmaker busted for driving under the influence after speeding away from a gay bar in Sacramento!

by Michael Kraut

A Southern California DUI arrest has the national media buzzing with its political implications. Early last Wednesday morning in Sacramento, State Senator Roy Ashburn from Bakersfield (R), was pulled over by the California Highway Patrol for driving erratically. Unidentified sources reported that the Senator had been partying at a local gay hotspot called Faces, and he had a male companion with him in his car. Ashburn has been a vociferous opponent of gay rights in California. For instance, he pushed hard for California’s Proposition 8, which passed in 2008, banning gay marriages in the state.

It is uncertain whether the 55-year-old Senator’s male companion (who was with him at the time of the arrest) was in any way linked with the Senator romantically.

Following his DUI arrest, Ashburn issued the following statement: “I am deeply sorry for my actions and offer no excuse for my poor judgment. I accept complete responsibility for my conduct and I am prepared to accept the consequences for what I did.”

Ashburn faces a primary challenge from another Republican for re-election to State Senate. According to various news reports, Ashburn has been charged with driving under the influence in Southern California as well as driving with a BAC above the state’s legal limit of 0.08%.

The News in Depth

Whether you are stopped for driving under the influence in Long Beach, Pasadena, Bakersfield, or Sacramento, two applicable laws are California Vehicle Code Sections 23152(a) and 23152(b).

The first section, 23152(a), defines what it means to be under the influence and talks about what might happen to you if you get convicted of the crime. The law stipulates that you could:

o lose your California drivers license
o be forced to pay restitution, court costs and other fees
o be jailed for a period of time
o receive points on your DMV record
California Vehicle Code Section 23152(b) stipulates that if you drive with a blood alcohol concentration of 0.08% or higher, this constitutes DUI, and you could receive the same punishments stipulated in Section 23152(a). In the case of Senator Roy Ashburn, from the news reports, it sounds like both of these Vehicle Code Sections might be applicable.

So what should you do if you have been arrested for DUI in Long Beach, Burbank, Beverly Hills, Sacramento, or elsewhere in the state?

Most defendants should connect with a credentialed, highly regarded Southern California DUI defense attorney ASAP.

February 22, 2010

Serial Traffic Offender Kills Girl in DUI Crash: Parallels Other Cases of Southern California DUI Homicide

by Michael Kraut

Driving under the influence in Long Beach (or anywhere else in Southern California) is a serious criminal act — one that can lead to horrific tragedies. Sadly, a 48-year-old man, Eddie Lumpkin, stands implicated in a recent and frighteningly brutal DUI homicide — this case out of Chicago.

On Tuesday, Lumpkin — who had been decorated with over three dozen traffic offenses over the past 20 years, according to the Chicago Sun-Times – plowed his van into six-year-old Jada Washington, killing her. Washington’s aunt, Tiuette Richardson, was severely hurt as well.

Despite all his traffic offenses (his latest occurred just weeks ago on January 31st, when he blew through a stop sign), amazingly, Lumpkin still had an Illinois drivers’ license. According to the Chicago Tribune, “The court records provide little information about why the tickets were dropped, but it could have been a lack of evidence, the failure of police officers to show up in court or any number of other things.”

Lumpkin has been charged with two counts of aggravated DUI as well as reckless homicide.

The laws concerning DUI murder in Southern California differ somewhat from the applicable Illinois laws. If Lumpkin had a hit and killed a six-year-old while driving under the influence in Long Beach, for instance, he could be charged with Gross Vehicular Manslaughter while Intoxicated (CA Penal Code Section 191.5(a)).

To win a case like this, prosecutors would have to show four things:

1. Lumpkin was under the influence of alcohol or drugs and drove with a BAC of 0.08% or higher.

2. While driving DUI in Long Beach (or anywhere else in Southern California), Lumpkin committed a misdemeanor, traffic offense or other act that could lead to death.

3. Lumpkin performed this misdemeanor, infraction or act with what’s known as “gross negligence” — a standard of carelessness that’s beyond ordinary inattention or bad judgment.

4. The gross negligence led to the death of the six-year-old girl.

Cases of Gross Vehicular Manslaughter while DUI in Southern California can become incredibly complicated and can stretch out over months, if not years.

The consequences of a less than exact defense could lead to extreme punishments. So, if you or a loved one stands accused of a DUI in Long Beach — whether you are contending with a simple misdemeanor or a complex charge like vehicular manslaughter — you likely need competent and experienced legal counsel.

February 4, 2010

Los Angeles DUI Charge for “Heroes” Actor Adrian Pasdar

by Michael Kraut

On Wednesday, January 27, Adrian Pasdar, star of NBC’s “Heroes” series, was pulled over for driving under the influence in Los Angeles. According to reports, the 44-year-old actor was speeding on the 405 in his Ford F-150 truck at nearly 100 miles per hour — straddling two lanes of traffic — when the California Highway Patrol pulled him over at 3 a.m. near Santa Monica Boulevard. After noticing an odor of alcohol coming from his car, the cops gave him a field sobriety test. Pasdar refused a breathalyzer and was remanded to County Jail and held on a $15,000 bond, which he posted at 8:30 AM. His misdemeanor Los Angeles DUI trial has been scheduled for February 24. Pasdar is married to Natalie Maines, one of the lead singers for the Dixie Chicks.

Whether you’re pulled over for a Long Beach DUI on the 405 South, or a Burbank DUI on the 101, the California Highway Patrol administers similar kinds of field sobriety tests. What are the typical field sobriety tests (FSTs), and how do they purport to work? Here’s a quick primer:

Gaze tests

The Horizontal Gaze Nystagmus test determines pupil coordination. An officer tracks the eye movement of a suspect following an object or a light.

Balancing tests

Common balancing tests include the One Leg Stand test, the Walk the Line test, and the Rhomberg test. With the One Leg Stand test, a driver is asked to stand on one leg. If he or she tips over, this might indicate DUI. The Walk the Line test is perhaps the most famous Southern California DUI field sobriety test. A suspect must walk nine paces back and forth on a straight line (e.g. a highway divider line). If the suspect “falls off,” then he or she might be suspected. Finally, the Rhomberg test involves leaning back and counting to 30. Again, tipping over might indicate intoxication.

Coordination tests

The so-called Finger to the Nose test is perhaps the most common. In this exam, a driver closes her eyes and attempts to touch her nose after extending her arms. If the driver cannot “find” her nose, then DUI may be suspected.

Officers will also look for indicators of demeanor and constitution. For instance, let’s say police pull over a person on suspicion of driving under the influence in Long Beach on the 405 South. In addition to performing the FSTs, officers will also look for signs like slow speech response, impaired motor skills, disheveled appearance, watery eyes, and general lack of coordination.

If you or someone you love has been stopped and arrested for a Long Beach DUI, you may need serious legal assistance to avoid dramatic punishments. The city does not want for lawyers who are willing to tackle Los Angeles DUI defense work. But take the time to find a lawyer who has talent, experience, and a proven trial track record.