Pasadena DUI Defense Attorney

April 13, 2011

Pasadena DUI Debacle: Montana Judge Who Oversees DUI Court Charged with Driving Under the Influence of Drugs

If you’re caught driving under the influence of alcohol or drugs in Pasadena, and you’re a normal citizen (or a sports star or celebrity), chances are, you will receive your fair share of censure from friends, family, and even the public at large.

But if you’re a judge whose job it is to oversee a DUI court, prepare to be roasted. Judges and lawyers who specialize in DUI in Pasadena, DUI in Glendale, DUI in Burbank, and Los Angeles DUI are (and should be) held to a higher general standard of behavior. Unfortunately, as we will see in this blog post and a related post later this week, even people like judges and attorneys can make grievous driving errors that can have profound consequences for their careers.

To wit, let’s turn our attention to the story of Robert E. Lee (his real name), a justice of the peace in Butte, Montana. He was arrested in November 2010 for driving under the influence of drugs. An AP article last Friday recapitulated the justice’s strange November day.

On November 13th, Lee drove to the Butte Silver Bow County Courthouse and asked officers to let him in because he needed to perform duties at a wedding. According to testimony, “Lee appeared confused and under the influence of alcohol or drugs.” Lee had parked his vehicle in a handicapped zone behind the Courthouse, and investigators found his credit cards and driver’s license scattered on the ground. Suspicious, police asked the judge to perform a field sobriety test, which he failed. The judge later was asked to take a blood test; this test revealed the presence of methadone, and opioid medication designed for anti-anxiety purposes. Officers later found an empty bottle of methadone at the judge’s house – according to the AP: “the 60 tablet prescription had been filled 9 days earlier.”

If you’re arrested for drug related DUI in Pasadena (or elsewhere in Southern California), you can face serious consequences, including prison time, license suspension, strict probation terms, massive fees and fines, and a general degradation of your professional reputation – particularly if you’re a DUI Judge. Since Lee’s charge was a misdemeanor, he should be able to remain on the bench – though it’s not clear whether he will continue to be allowed to set up the DUI court.

Do you or someone you care about need assistance from a Los Angeles criminal defense attorney to battle charges of Pasadena DUI? If so, consider connecting with former Deputy District Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (located conveniently in Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut can give you the guidance and compassion you need to make headway against your charges. He has a fantastic record at jury trials, a deep understanding of LA DUI law in both theory and practice, and a reputation for getting results for his clients even in extremely difficult circumstances.

February 28, 2011

Pasadena DUI Gossip: Juicy DUI Stories from Last Week

by Michael Kraut

Let’s face it: Most Pasadena DUI stops involve work-a-day misdemeanors – generally well-meaning folks who make errors in judgment or take undue risks. But sometimes, stories about DUI in Burbank, DUI in Pasadena, DUI in Los Angeles, and Glendale DUI take turns for the bizarre, spectacular, or simply queer. In this blog post, we will take a look at two standout DUI stories from last week and explore resources to help defendants develop better road habits and equip themselves with a proper legal defense.

Story Number 1: Beware the Ice-Cream Man
We all know that kids love the ice cream truck and parents fear it because ice-cream contains gobs of sugar, which has long been associated with obesity, diabetes, and a host of other health problems. But a Tampa Bay ice-cream truck proved unusually dangerous last week for a totally different reason. On Monday afternoon, the police pulled over a Sub-Zero ice-cream truck in Tampa Bay driven by 49-year-old Ronald Purdy, after Purdy nearly plowed into a child awaiting his tasty treats. Deputies who arrived at the scene tested Purdy to have a blood alcohol constitution of 0.227% and found two open bottles of whisky in his truck. Yikes.

Story Number 2: Real housewives get in real big trouble
Star Magazine reports that Marysol Patton, a 44-year-old star of the Real Housewives of Miami, was arrested in January 2010 for DUI in Miami Beach. Patton’s mother, Elsa, also got arrested in 2010 for DUI (October). The 76-year-old pled not guilty and got her charge dismissed, when the officer who pulled over failed to show up. Meanwhile, Marysol and her mom had even more company – Philippe Pautesta, Marysol’s boyfriend, also got charged with DUI last year and drove away from the scene of an accident.

The ice-cream truck story and the story about the Real Housewives’ DUI mess suggests that many people might still be confused about what exactly constitutes the crime of driving under the influence. If you have one drink, does that make you too intoxicated to drive? What about two? Three? Clearly, four would…right? The answer has less to do with the number of drinks you have than your degree of impairment and your blood alcohol concentration.

California Vehicle Code Sections 23152 (a) and 23152 (b) define the crime of driving under the influence in Pasadena (and elsewhere in California) and spell out the penalties that offenders will face. If you are too impaired by drugs or alcohol to drive, you violate 23152 (a). If your blood alcohol concentration is greater than 0.08%, you violate 23152 (b). Do note that ice-cream truck driver Ronald Purdy allegedly had a BAC of more than 0.22% – nearly three times the CA limit.

Discussing your DUI case with an experienced Los Angeles criminal defense attorney is a smart and probably necessary first step for you, if you face charges. Get in touch with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) to set up a free case evaluation to build your Pasadena DUI defense. Mr. Michael Kraut has a fantastic record at jury trails – a 99% success rate – and he is a former prosecutor who has a Harvard Law School education. In other words, he has both formidable credentials and proven “on the ground” results. Let him help you figure out your best next steps.

February 21, 2011

Pasadena DUI Sports Spotlight – Raiders Runningback’s DUI Charge Tops Off a Bad Weekend for the NFL

by Michael Kraut

Scan the weekly headlines for Pasadena DUI, celebrity DUI, and other related posts, and chances are that you will see a surprisingly large number of sports related arrests, injuries, and other bad news — particularly related to NFL players.

While national DUI-related news, like Lindsay Lohan’s recent grand theft felony charge, captures the public’s imagination, in terms of sheer numbers, it seems like the sport stars have the celebrities beat, hands down.

NFL players, in particular, seem to have a passion for getting arrested for DUI in Burbank, DUI in Pasadena, DUI in Glendale, DUI in Los Angeles, and DUI just about anywhere else. Case in point: 26-year-old Michael Bush, a runningback for the Oakland Raiders, got nabbed for DUI in Indiana last Saturday morning in Jeffersonville (just outside of Louisville). Drafted by the Raiders in 2007, Bush came into his own last season, netting 8 touchdowns and 655 yards rushed. (Sports journalists believe Bush will become a free agent during offseason.)

According to reports, Bush spent the night in Clark County Jail and got out at 1 pm the next day on his own recognizance.

As this blog has reported elsewhere, Bush’s DUI was just the tip of the iceberg in terms of NFL-related troubles last week:

• Brandon Banks, a kick returner for the Redskins, got stabbed that same evening in a nightclub in downtown, Washington D.C.
• Meanwhile, Bank’s teammate, Albert Haynesworth, got officially charged with misdemeanor assault for a road rage incident that occurred on February 2nd in nearby Reston, Virginia.
• Bob Kuechenberg, a 63-year-old former Dolphin, also got arrested last Saturday night for DUI after sideswiping a car on I-95 in Florida.

All of these arrests raise an interesting question: what are DUI penalties for multiple Pasadena DUI convictions?

In California, convicted DUI drivers face escalating punishments whenever they violate the law and/or the terms of their probation. For instance, a standard misdemeanor DUI charge might net you a court imposed probation, a minimum alcohol school time, suspension of your license, a fine, and two full days of jail custody (six months maximum).

Does this sound scary? Note that it is just a starting point! If you injure someone during just DUI, prosecutors can hit you with a felony instead of just a misdemeanor, and your punishments will go way up, accordingly. Alternatively, if you get pulled over for a second, third, or fourth time for a Pasadena DUI within a 10-year period, the court will get increasingly harsh with you.

For instance, as we just discussed, a first misdemeanor Pasadena DUI will net you 48 hours behind bars – certainly an unpleasant development. But a THIRD time DUI misdemeanor within 10 years will give you a mandatory minimum of 120 days behind bars. That’s approximately four months!

Given the urgent legal crisis in your life, it behooves you to retain a high caliber Los Angeles criminal defense attorney as quickly as possible. The Kraut Criminal & DUI Lawyers (located in Pasadena at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is an excellent, proven resource. Head attorney Michael Kraut served as a former prosecutor for the city for a long time (over 14 years), during which he successfully prosecuted many DUI cases. He now uses his experience working for the other side to help his defense clients.

Mr. Kraut is a Harvard Law School educated attorney with an excellent reputation among his peers and a track record for success, even in highly complex cases.

February 4, 2011

Pasadena DUI Story of the Week: Trooper Arrested for DUI for Hitting Other Cop

by Michael Kraut

Okay, although this is not exactly a Pasadena DUI case – it happened in the small town of Warwick, Rhode Island – but the sheer zaniness and coincidence of it all merits a blip on this blog’s radar.

If you’ve been pulled over for Glendale DUI, Pasadena DUI, Burbank DUI, or DUI in Los Angeles or elsewhere, chances are that you are not an active duty state police stripper — and at the very least, you didn’t hit a fellow police officer.

The same cannot be said of 23-year old Brendan Palmer, who got arrested last Sunday in Rhode Island after crashing into Providence police officer, Brian Auclair, who was in uniform at the time. Local Rhode Island Captain Raymond Gallucci said that Palmer took a blood alcohol test and blew a 0.184% on the breathalyzer. To put that in perspective, a DUI in Southern California reading would be just 0.08%. So Palmer blew a reading that was well over twice the Los Angeles DUI limit.

According to reports, Palmer has been “suspended with pay pending the outcome of his case and an internal investigation.” The 23-year old is a relative rookie – he has been with the Rhode Island police for only just over a year – and while it’s unclear how much more press this case of officer-on-officer DUI will get in the blogosphere, the matter serves as an interesting jumping off point for a discussion about breathalyzer tests in general.

Say you got pulled over for driving under the influence in Pasadena and asked to take a breathalyzer test. And let’s just say that you blew a reading similar to Palmer’s – a 0.16% — more than twice the acceptable limit, according to California Vehicle Code Section 23152 (b).

In this situation, most likely, you would be arrested.

But is the breathalyzer as accurate as most people (and most police officers) believe? It seems like it should be, right? After all, the breathalyzer is a very simple and straight forward device. You blow into it. A device in the machine looks for chemical signatures of alcohol. Simple. Straight forward. So how can you argue with the results?

Actually, there are many technical (and non-technical) arguments you can make against a Pasadena breathalyzer DUI positive. For starters, did you know that the depth with which you blow into the machine can radically influence the machine’s readings? Thus, if you blow just a little bit into the machine, you will blow a low number. If you blow a normal amount, you will blow a higher number. And if you blow very deeply – a deep chest breath – you may actually blow a reading that’s substantially higher than your actual blood alcohol concentration!

Police officers who administer this test know this, and they’ll often ask suspects to blow deeply into the machines. Is this fair? That’s up to the public to judge. But it does happen, and it’s something to be aware of.

Another point of dispute might be that men and women process alcohol differently. Diabetics process alcohol differently than non-diabetics and produce chemicals that can skew breathalyzer readings. Police officer administrators often don’t “zero out” these machines properly. Other chemicals on your breath or person can yield false readings. And on and on.

Unfortunately, unless you work with a qualified Los Angeles criminal defense attorney – who has serious experience helping Pasadena DUI suspects defend against these charges – you might never uncover these potential defenses.

Fortunately, you have the option of connecting today with the Kraut Criminal & DUI Lawyers at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Mr. Michael Kraut is a Harvard educated former LA City prosecutor who has an excellent track record and who has deep and effective associations with the Los Angeles DUI legal community.

January 5, 2011

Pasadena DUI Madness: Two Stunning New Year’s DUI Stories Shock the Southland

by Michael Kraut

With the ringing in of the New Year, one might expect to hear stories about elevated numbers of Pasadena DUI arrests and extra checkpoints around the Southland. But two breaking news events suggest that 2011 has gotten off to an extra rocky start, as far as Southern California DUI news is concerned.

If you or a co-worker or friend got tripped up with a Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI around New Year’s, at least take solace that your relatively pedestrian arrest did not evolve into anything like the following two catastrophic and complicated events:

1. Flight of DUI Fancy
KTLA has reported that a Fontana man who fled a DUI checkpoint barricaded himself into random house on Sierra Avenue. Police at first suspected that the desperate man had taken hostages. A SWAT team was called in to resolve the situation. After a traumatic night, police finally fired tear gas into the home, driving the man outside, where he surrendered. Although the man was injured, no one else got hurt, fortunately.

2. Pedestrian Tragedy
The San Diego Union Tribune reports that a pedestrian got hit and killed by an allegedly DUI driver in La Mesa on Murray Drive, just one hour after New Year’s had rung in on the West Coast. 40-year-old Dana Lohner was arrested and taken into Las Colinas jail after she allegedly hit and killed 53-year-old Kelly McPherson.

Both of these stories deal with the complication of injuries and DUI. What happens if you hurt someone while you are under the influence of drugs or alcohol? How can you build a defense? What strategies should you employ to improve your odds of getting good and fair results?

To answers these questions, we need to delve into what the law says about Pasadena DUI with injury. California Vehicle Code Sections 23152(a) and 23152(b) deal with so-called “typical” DUI arrests. Basically, these are misdemeanor charges: although punishments can be serious, they are not serious as a felony charges.

When you hurt someone while driving DUI in Pasadena (or elsewhere in Los Angeles County), you can be charged under two different California Vehicle Code Sections – 23153(a) and/or 23153(b). If you are convicted, what ordinarily might be a misdemeanor will get elevated to a felony charge. You could thus face more jail time, stricter terms of probation, a lifetime loss of your right to vote in elections, problems getting credit and employment down the road, and many other hassles too numerous to summarize in this blog post.

Whether you’ve been slapped with a minor misdemeanor charge or a serious felony charge for hurting someone while driving under the influence, you need and deserve good legal representation. The Kraut Criminal & DUI Lawyers — located at 790, East Colorado Boulevard, 9th Floor, Pasadena, California 91101 (Phone 626-345-1899) — can provide critical services to aid in your defense. Attorney Michael Kraut attended Harvard Law School and served as a city prosecutor for over a dozen years before turning his attention and talents to criminal defense. A Los Angeles criminal defense attorney like Michael Kraut can provide you with the strategic assistance, and tactical know-how to respond most effectively to your legal trouble.

December 22, 2010

Pasadena DUI Alert: Ice Cream Truck Driver Busted for Driving Under the Influence in Chico

by Michael Kraut

Last weekend, Chico California Police arrested George Jefferson Smith, for driving an ice cream truck while under the influence. Pasadena DUI bloggers and others who follow bizarre criminal news have been vigorously discussing the plight of the 48-year-old Smith, who got stopped as part of a saturation patrol that led to 15 motorists heading to custody for suspicion of DUI.

If you’ve been recently stopped at a saturation patrol for Los Angeles DUI, DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI anywhere else in the region, perhaps you will feel some empathy for Mr. Smith. According to local newspaper reports, Officer Ryon Mitchell saw Smith swerving around on Nord Avenue on the evening of December 13. The officer stopped the ice cream truck for a taillight violation. When Mr. Smith responded that he “could get the taillight to work if he banged on it,” the officer noted that the driver appeared impaired. He made Mr. Smith take field sobriety tests. People walking past took pictures of the odd sight of an ice cream truck driver walking the line and counting backwards by threes.

According to reports, the driver had not been delivering ice cream to children when he was pulled over.

The Pasadena DUI process that defendants get funneled through may seem confusing at first. But it’s really quite straight forward. Here is a brief overview of what happens.

1. You are stopped at a checkpoint, traffic stop or site of an accident.

Perhaps a Pasadena officer saw you weaving across a lane or blowing through a stop light. In any case, the police must follow very specific procedures to make DUI checks.

2. Investigation into your alleged intoxication

An officer will ask you to leave your vehicle and participate in field sobriety tests, also known as FSTs. You may also be asked to submit to a preliminary alcohol screening (PAS) test. Note that both the FSTs and the PAS tests are voluntary.

3. Arrest for driving under the influence in Pasadena

A typical non-injury DUI will be charged under California Vehicle Code Sections 23152(a) and/or 23152(b).

4. Selecting a Pasadena DUI defense lawyer

The court can appoint a public defender to represent you, or you can represent yourself without a lawyer. Both of these options have serious drawbacks. Experts would almost certainly recommend that you choose a third option: hiring a private lawyer to represent you for your DUI.

Pasadena DUI defense attorney Michael Kraut is a former senior trial prosecutor who boasts a 98% success rate at jury trials that have gone to verdict. As a Harvard Law School educated lawyer who has extensive connections and a deep understanding of the law, Attorney Kraut can provide a free consultation at his Pasadena office at 790 East Colorado Boulevard, 9th Floor, Pasadena, California 9110. Call 626-345-1899 to set your appointment.

5. Your arraignment

Depending on the nature of your charges, you may have to appear at your arraignment, or your private DUI attorney can appear on your behalf to enter your plea.

6. Preparing for the pretrial

95% of criminal trials get resolved at this stage. For instance, your DUI lawyer could get your charges reduced or dropped altogether.

7. Trial by jury

If you are among the one out of 20 criminal defendants who has to go to a jury trial – whose case has not been dismissed or settled – your lawyer will represent you to win the best possible verdict.

8. Beyond trial

Your attorney can help you stay on track after you’ve fought the charges by turning you onto good resources.

December 2, 2010

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

by Michael Kraut

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.

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 20, 2010

Southern California DUI Pundits Weigh-in on University of Idaho Receiver’s Arrest

by Michael Kraut

Last week, Maurice Shaw got pulled over for DUI in Moscow, Idaho, prompting Los Angeles DUI pundits to debate what appears to be an epidemic of sports-related DUI incidences in 2010. Whether you have been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena, you might find Shaw’s tale educational – and helpful as you prepare to meet your charges with an accurate defense.

Not the first DUI for the Idaho football squad in 2010
Last Saturday, Maurice Shaw — a key receiver for the University of Idaho (200 yards and 14 catches to date this year) — got pulled over by the Washington State University police under suspicion of driving under the influence. The officers put him through a field sobriety test (FST) on Stadium Way. Allegedly, he failed.

Shaw is not the only Idaho player who has gotten in trouble for DUI in 2010. Back in August, Taylor Elmo, a tight end, also got arrested for driving under the influence.

Now, obviously, these are college sports stars – and maybe you’ve never heard their names. But their arrests highlight a serious problem in athletic communities — not just at our nation’s colleges but also in professional sports clubs.

This Southern California DUI blog has covered numerous arrests over the past months of famous sports figures – including owners and managers. Without excellent data, it’s impossible to tell whether these arrests and charges do constitute some kind of trend – and if so, what might be driving the trend and what might control it. But anyone who wants to solve the problem of Los Angeles DUI might want to take a closer look at these stories — and the statistics behind them.

In more practical terms, since Shaw failed his field sobriety tests, you might be wondering: what exactly are field sobriety tests, and how accurate are they? Here are some examples of FSTs:

Horizontal Gaze Nystagmus Test

This eye exam is typically the first test given when a Los Angeles DUI stop is made. The officer will ask you to follow an object (such as a light), and he will measure your pupil reaction time.

Walk the Line Test

This measure examines your balance. You will be asked to step a number of paces in a straight line. If you step off the line, this could indicate that you are DUI in Southern California.

One Leg Stand Test

Another balance test. You will be asked to stand on one leg and hold the position for half a minute. Again, if you lose your balance, this could indicate a problem.

Rhomberg Test

This test involves the driver tipping his (or her) head back and counting to 30. If the driver stumbles or falls, this could indicate DUI.

Finger to the Nose Test

The driver extends his (or her) arms out to the side and then attempts to touch his (or her) nose while closing his/her eyes.

On top of these balance and coordination tests, you might also be asked to demonstrate your mental facilities by doing things like reciting the alphabet backwards.

If you fail field sobriety tests, that doesn’t necessarily mean that you are actually DUI. Indeed, many factors can skew the results of the tests, including your own nervousness, fatigue, illness or lack of natural coordination and balance.

October 13, 2010

A Southern California DUI Lawnmower Arrest? Not Quite – This One Happened in Northern CA!

by Michael Kraut

Although this blog spends the majority of its time focused on Southern California DUI arrests, laws, and other relevant news, we also try to bring you related, eclectic news, like stories about about lawnmower DUIs. The crime may sound a bit absurd – and perhaps even comical – but it’s no laughing matter. Anyone who operates a motorized vehicle, bicycle, moped, or scooter on Southern California freeways and surface streets can get arrested for a Burbank DUI (or DUI wherever you are pulled over).

In this case, a man named John Poshepny got pulled over on October 2 outside Kenwood Market on Sonoma Highway. The California Highway Patrol officer who pulled the 55-year-old over noted in his arrest report that Poshepny smelled like alcohol, had a bottle in a brown bag, and staggered around and had slurred speech. Also, he had been driving lawnmower without its lights on… at 7:50 p.m. Officer Sloat arrested Poshepny and took him to Sonoma County Jail on the charge of misdemeanor DUI.

Beyond the pure novelty of lawnmower DUI arrests, this blog is interested in what motivates officers to take notice of erratic drivers and pull them over for driving under the influence in Glendale (or wherever).

Los Angeles DUI symptoms can include the following (although this is by no means a comprehensive list):

• Staggering around and slurring your speech (like Poshepny did)
• Operating your vehicle erratically or incorrectly (such as driving without your lights on, like Poshepny did)
• Smelling like alcohol (like Poshepny allegedly did)
• Disheveled appearance
• Mixing up your story about where you have been and what you have been doing
• Bloodshot eyes
• Being unable to respond to police officer questions
• Admitting to having consumed alcohol
• Failing field sobriety tests (FSTs)

Assuming that you demonstrate all of the above symptoms, you stand a fair chance of getting arrested for Southern California DUI. But cases are rarely that simple. Indeed, healthy, sober, and completely careful people can exhibit many of these symptoms. For instance, if you get fatigued or suffer an allergic reaction, you may develop bloodshot eyes and may have a difficult time answering questions coherently. If you are sick with something like diabetes, you may blow a “false positive” into a Los Angeles DUI breathalyzer test. If you are nervous, awkward, or simply uncoordinated, you may fail some of the balance tests. If you are simply intimidated by being pulled over, you may mix up your story about where you have been simply out of nervousness or fear. And if you are just a sloppy looking person… well, you might have a disheveled appearance.

The point here is that, whether you got arrested for a lawnmower DUI in Burbank or pulled over for an injury DUI elsewhere in the Southland, you need solid representation to help you design and execute your smartest defense.