San Fernando DUI Defense Attorney

April 5, 2010

Celebrity Los Angeles DUI blogs debate Fall Out from Dwight Gooden’s Arrest

Celebrity Los Angeles DUI blogs that cover the public struggles of fallen actors, politicians, and athletes have been chattering nonstop since last week about former Mets All-Star pitcher Dwight Gooden’s arrest in New Jersey. According to the AP, the 45-year old former Cy Young Award winning pitcher slammed into another vehicle early morning last Tuesday and fled from the scene. He was later arrested for driving under the influence of drugs and fleeing the scene of an accident.

Gooden is no stranger to substance abuse and accidents. He has been dogged by scandal since early in his baseball career. Gooden led the New York Mets to a world championship in 1986, during which the team pulled off one of the all-time greatest comebacks in baseball history – beating the Boston Red Sox in Game Six after going down two runs in the bottom of the tenth inning with two outs and no men on base.

Gooden is scheduled to be inducted into the Mets Hall of Fame in the beginning of August along with former ‘86 teammate Daryl Strawberry and manager Davey Johnson. According to the AP report, no one was seriously injured in Gooden’s accident. But what if someone had been?

According to Southern California DUI law, as encapsulated in California Vehicle Code Section 23153 (a) and 23153 (b), drivers who hit and injure someone while DUI can be subjected to substantially increased penalties. Specifically, what might ordinarily be a misdemeanor Los Angeles DUI could be reclassified as a felony DUI. 23153 (b) spells out some of the punishments that drivers can face for this crime, which include steep court costs and other fines, hiked up insurance rates, forced restitution to injured victims, jail time, forced probation, and driver’s license suspension. 23153 (a) stipulates that if either alcohol or drugs contributes to the injury or accident, the driver can be subjected to a felony count.

If you have been tagged for a Long Beach DUI for hitting someone after driving under the influence in Burbank, you may need superior legal representation. But how do you find a good attorney to represent you against a charge, say, of DUI in Burbank?

March 29, 2010

Another Sports Arrest – Nope, Not a Los Angeles DUI This Time – This Took Place in Atlanta – But Southern California Sports Watchers Have Nonetheless Been Riveted by it

by Michael Kraut

Los Angeles DUI arrests involving celebrities and sports figures are common news. Just take a quick scan through this blog, and you will come away flabbergasted at how many of our public figures have gotten in trouble for driving under the influence in Southern California.

Today’s entry concerns a DUI out of Atlanta, however, involving Miami Dolphins runningback Ronnie Brown. Last Friday night, Brown was pulled over for an improper lane change (he allegedly didn’t signal), and the officer gave him a field sobriety test. He did not perform well on this test, so the officer took him into custody and booked him for DUI in Atlanta. After his release Saturday morning, Brown quickly hired an attorney. The Miami Dolphins as well as Brown’s agent have kept relatively quiet about the incident, although his allies have pointed out that he has never been in any kind of legal trouble before. The 28-year old Pro Bowl runningback was a second pick in the 2005 NFL draft, and he is scheduled to continue to attend the Dolphin’s voluntary training camp.

What happens when someone is pulled over for the first time for DUI in Pasadena, Glendale – or anywhere else in Southern California, for that matter?

If you are convicted of a misdemeanor, your life could instantly change. First of all, your California drivers’ license could be suspended for an entire year, and you may not get a restricted license to drive for work or school.

Second, you may be required to install what’s known as an Interlock Ignition Device (IID) in your vehicle. This is a breathalyzer-like instrument that you must blow into before you can start your car. It takes a reading of your blood alcohol concentration based on your breath, and if you even have the slightest hint of alcohol, your engine won’t start.

Third of all, you will have to pay court costs and fines up to $1,000.

Fourth, you could face limits on your release, including probation, mandatory alcohol school, and other stipulations.

Fifth, you will have to do time in jail – a minimum of 48 hours.

Of course, if you are driving under the influence in Glendale and injure somebody, you could be convicted for a felony, and the punishments could be significantly harsher.

What can you do to respond effectively and efficiently to charges of driving under the influence in Southern California?

Your best bet is almost always to consult with a reputable, vetted, highly credentialed attorney.

March 23, 2010

Lots of Southern California DUI Arrests on St. Paddy’s Day

by Michael Kraut

St. Patrick’s Day, March 17th, is a notorious day for Southern California DUI arrests. 2010 was not that different. Consider statistics out of a single checkpoint in Bakersfield, California.

On March 17th, according to the Bakersfield Police Department Traffic Enforcement Detail, a checkpoint that ran from 5 pm to 7 pm on Golden State Avenue screened over 500 vehicles and netted a significant number of Southern California DUI arrests.

The official stats: 55 cars and trucks impounded, 41 unlicensed drivers cited, 8 drivers cited for violations of the California Vehicle Code, 12 drivers cited for driving on a suspended California license, 11 drivers required to perform a field sobriety test.

St. Patrick’s Day can be a dangerous day to drive because of all the alcohol-related frivolity. Bars, for instance, sponsor special deals and host parties. Alcohol manufacturers, such as Guinness and Jameson, also host parties and sponsor contests and the like.

St. Patrick’s Day is not the only dangerous day for Pasadena DUI events. Other holidays, such as the 4th of July, New Year’s Eve, Superbowl Sunday, Memorial Day Weekend, and Veteran’s Day witness more than their fair share of DUI incidents. The time of day you drive can also matter. If you want to avoid people who are driving under the influence in Pasadena, for instance, then steer clear of the roads late Friday night and early Saturday morning.

When police officers pull people over for suspicion of driving under the influence in Los Angeles, and they administer field sobriety tests, what exactly do they do?

Protocol differs from department to department. But several tests are “standard.” These include:

• Horizontal gaze nystagmus test — this is a vision test. An officer has the suspect follow an object with his or her eyes. If the pupils do not respond correctly, DUI may be suspected.
• Walk the line test — a suspect is asked to walk several paces in two directions. If he or she demonstrates a lack of balance or coordination, DUI may be suspected.
• Finger to the nose test — suspect is asked to stretch out his or her arms and touch a finger to his or her nose with eyes closed. If the person “misses,” DUI may be suspected.
• Suspect leans his or her head back and counts to 30. If he or she loses balance, DUI may be suspected.

Officers also look at other factors, such as the suspect’s demeanor, coordination, logic (or lack thereof) of thought process, odor of alcohol, and any admission of guilt (such as statements like “I drank a lot of Guinness tonight.”)

What should you do if you’ve been tagged for driving under the influence in Pasadena (or elsewhere in Southern California)?

Given the consequences of getting convicted for DUI (which can include jail time, huge court costs, drivers license suspension, mandatory IID installation, etc.), it makes a lot of sense to get excellent legal representation.

March 17, 2010

Sports Reporters and Celebrity Los Angeles DUI Bloggers Demand More Information about Yankees Executive’s Arrest

by Michael Kraut

Sports reporters from ESPN and independent bloggers who cover celebrity Los Angeles DUI stories are demanding more information about the arrest of New York Yankees Senior VP, Mark Newman, who was pulled over last Monday for driving under the influence in Florida.

Newman, who has served the Yankees for over two decades in player development, was pulled over for DUI in Tampa and taken to Hillsborough County Jail, according to the AP. He allegedly did not take a blood alcohol test and got released after posting a $500 bail. An AP reporter left a message on Newman’s cell phone, which the executive did not return.

The Yankees have been working overtime to do damage control. The organization released this short statement 24 hours after the stop: “the team is taking the situation seriously and is looking into the matter.”

With so many incidents of athlete Los Angeles DUI in the news lately – just scroll through this blog, for instance, to see a veritable roster of A-List athletes in trouble – many bloggers and sports commentators are not satisfied with the dearth of information about Newman’s arrest. Here you have the Senior VP of Operations for the Yankees bustled for DUI, and yet the press only prints half a paragraph about the story.

Have we become so inured to stories about celebrities being busted for driving under the influence in Burbank (and elsewhere) that we no longer have the patience to track all the different instances of athlete DUI? What can be done to slow the flood of DUI arrests — not just among athletes and celebrities but also among “common” citizens?

We believe that if people understood the law clearer, we would likely see fewer instances of DUI in Burbank (and elsewhere) and better driving in general. After all, studies show that simply attending to information can change behavior. Monitor the amount of power your home uses, for instance, and you will cut back on your energy uses subconsciously. So, if people spent more time just thinking about Southern California DUI laws, perhaps this could alter behavior in a positive way. And that’s partly what we are trying to do here with this blog.

To that end, let’s take another look at California Vehicle Code Sections 23152(a) and 23152(b). These laws spell out precisely what it means to drive DUI in Burbank and elsewhere in Southern California. They also stipulate the punishments that convicted offenders could get – these range from jail time to fines and court costs to strict probationary terms to mandatory installation of Interlock Ignition Devices (IIDs).

23152(b) stipulates a blood alcohol concentration (BAC) at or above 0.08% as the so-called “legal limit.” If you drive with a BAC of 0.08% or higher, that means that you are driving DUI.

Responding to charge of Los Angeles DUI

March 10, 2010

Warrant Slapped on Warrant Singer for Skipping Out on Los Angeles DUI Hearings

by Michael Kraut

As this blog reported, last June 17th, Jani Lane of the 80’s rock band Warrant was arrested for driving under the influence in Los Angeles. The “Cherry Pie” singer is back on the headlines once again after failing to show up for two hearings pertaining to his Los Angeles DUI probation. Jani%20Lane%20DUI%202.jpg

The 46-year old singer pled no contest to his misdemeanor L.A. DUI charge and got a relatively light sentence that included three months of alcohol school, one month of community service, and three months of probation. He was due in court on February 23rd, 2010, but he didn’t show up. The judge rescheduled his appearance for February 24th, but Lane again failed to show. According to the website TMZ.com, Lane’s lawyer said that the singer is in the hospital for unknown reasons, and that he will not show up in court until next week.

The judge in Lane’s case has actually issued a warrant for the lead singer of the band Warrant – an irony not lost on Lane’s fans and snarky commentators in the media and blogosphere.

Lane’s DUI in Burbank accident occurred at the corner of Topanga and Ventura Boulevards. At the time, he got out of jail by posing a $30,000 bail. The minor traffic accident did not result in any serious injuries to any parties, fortunately.

But what if it had?

Two key sections of California Vehicle Code stipulate punishments for individuals who injure others while driving under the influence in Burbank or elsewhere in California. These sections are 23153(a) and 23153(b).

23153(a)

This section says that if you drive DUI and cause an accident that leads to someone being injured, this will elevate an ordinary misdemeanor DUI charge to a felony DUI charge, assuming that the injury was directly or indirectly caused by the DUI driver’s use of drugs and/or alcohol.

23153(b)

This section says something quite similar. It says that if you operate a motor vehicle with a blood alcohol concentration (BAC) exceeding the state’s legal limit of 0.08%, and then you hit someone and cause an injury or otherwise violate the law and cause an injury, this can be charged as a felony. 23153(b) also lays out the punishments that can be imposed, which range from jail time to forced restitution to a victim (and/or the victim’s family) to steep fines and court costs.

What should you do if you or a family member has been charged with driving under the influence in Burbank or elsewhere in Southern California?

A good attorney can be immeasurably helpful. Without excellent legal representation, you could wind up with much steeper penalties than you might otherwise.

March 4, 2010

“Guilty” Verdict Handed Down in Southern California DUI Case for Pro Bowl Wide Receiver

by Michael Kraut

Last Wednesday, Chargers wide receiver Vincent Jackson pled guilty to driving under the influence in Southern California in January 2009, and prosecutors set the terms of his sentencing.

The 27-year old Jackson had been arrested in January with a BAC of 0.17% (California’s legal limit is 0.08%). The January ’09 arrest was actually his second Southern California DUI. He was busted in June 2006 and convicted for that DUI — netting him a $1,750 fine and five years of probation. This time, he did not get off so easily. In addition to a concomitant fine (of $2,408) and another five years probation, the wide receiver will have to do 15 days of community service and will likely be suspended by the National Football League for at least two games.

In light of recent comments Jackson made in the radio interview, during which he taunted his prosecutors, many analysts are saying that Jackson is getting off pretty easy. For a comparison, the City Attorney’s Office had requested the Judge to give Jackson 180 days in jail — also known as “substantial custody.” City attorneys were also miffed because Jackson managed to pull off a string of continuances that allowed him to delay his Southern California DUI sentencing until after the NFL season. (Nevertheless, San Diego’s City Attorney did not oppose the two continuances when they were filed.)

The Jackson sentence may or may not be an aberration, depending on who you speak to. But how do the sentencing guidelines differ for first and second time Burbank DUI offenses?

Sentencing can depend on a host of factors, including the context of the DUI arrest, whether or not the defendant cooperates with prosecutors, whether anyone was injured during, and so forth.

That said, typical first time penalties for Southern California DUI include:

• 48 hours in jail with six months maximum imprisonment
• Mandatory installation of Interlock Ignition Device (IID) — this is a new punishment that went into effect in January 2010
• Six weeks minimum DUI alcohol school (nine months maximum)
• A suspension of California driver’s license for a full year
• $1,000 fine
• Court costs (often can be significantly higher than $1,000)
• Strict terms of formal probation for misdemeanor DUI offenders

Second time DUI offenders typically can get the following penalties:

• Jail time of four to ten days (minimum); maximum six months
• Two year suspension of California drivers’ license
• 18 months minimum DUI alcohol school (30 months maximum)
• Imposed installation of IID
• Fines and court costs which can be much higher than first time DUI fines
• Probation terms which can be much stricter than terms for first time violators

For help analyzing your Burbank DUI defense, you may need to turn to an experienced attorney.

February 17, 2010

Double Trouble: Twin felony Los Angeles DUI charges handed out after two DUI drivers crash into each other

by Michael Kraut

On January 23rd, two individuals both driving under the influence of alcohol in Burbank collided into one another, causing minor injuries and damage. According to investigating officer, James Laforce, here is what happened:

A car traveling eastbound on Sherman Way attempted a U-turn, when an oncoming truck plowed into it, knocking the car onto a nearby curb. The truck, meanwhile, slammed into a Ford Mustang parked nearby. The truck driver — along with his passenger — fled the scene, but both men were apprehended and arrested shortly thereafter for trying to break into someone’s residence.

The truck driver got tagged for a felony hit and run charge; he is currently being investigated for a misdemeanor DUI charge. Meanwhile, the 20-something-year-old woman who had been driving the car got taken to hospital for minor injuries. Reports suggest that neither her, nor her passengers, suffered any life-threatening injuries. Nevertheless, the woman was hit with a felony Los Angeles DUI charge.

Laforce had this to say about the accident: “it was ugly… they are lucky they are alive.”

In this Burbank DUI instance, fortunately no one got seriously injured or killed. But what happens if someone dies in a Southern California DUI crash? What kinds of charges might a driver face?

The answer, obviously, depends on the circumstances of the accident. California Penal Code Section 191.5(a) describes the charge of gross vehicular manslaughter while intoxicated. To prove this kind of charge, prosecutors must show four key things:
1) The person drove a motor vehicle with a BAC of 0.08% or higher; or otherwise clearly drove under the influence of a drug;
2) The person committed a driving infraction or unlawful act — such as a misdemeanor — that could potentially cause someone to die;
3) The driver not only committed this unlawful act or infraction, but he or she did so with gross negligence;
4) This gross negligence led to someone’s death.

DUI murder charges (a.k.a. Watson murders) carry even stiffer penalties and harsher jail sentences than do charges of gross vehicular manslaughter while intoxicated.

Whether you’re facing a (relatively) minor misdemeanor Burbank DUI charge, or you’ve been arrested for gross vehicular manslaughter while under the influence, you are entitled to a sound and competent defense. Given how much is at stake, it makes sense to invest in high quality legal representation.

December 23, 2009

Former “Apprentice” Contestant Busted for Southern California DUI

by Michael Kraut

Heidi Androl, a former contestant on Donald Trump’s realty show “The Apprentice,” was arrested Monday December 7 for a Southern California DUI on the 105 Freeway. The gossip website TMZ.com reported that Androl had been partying at Club Nokia (in honor of Luc Robitaille) prior to her arrest. She was reportedly going 35 mph — significantly under the speed limit — prompting an anonymous citizen to call the police. The CHP subjected her to roadside sobriety tests, which she allegedly failed.

What typical Southern California roadside sobriety tests do CHP officers employ on suspect drivers like Androl? Here’s a quick primer on the popular tests:

1. Horizontal gaze nystagmus test

This eye exam is often the first test an officer will use on an individual suspected of driving under the influence in Los Angeles. An eyeball typically “jerks” as it tracks a moving object, like a flashlight. Theoretically, a police officer can estimate impairment based on the angle of this jerk. But the science underlying this test is flimsy.

2. Coordination tests

These include:

a. one-leg stand test
b. walk the line test
c. finger to the nose test
d. Rhomberg test (in which a suspect leans his head back and counts up to 30.)

If the driver loses his balance, demonstrates poor reaction time, or shows a general lack of coordination, the officer might have reason to suspect Long Beach DUI.

3. Subjective evaluations

Independent of the field sobriety tests (FSTs) administered, an officer may arrest a suspect based on intuition. Fortunately for defendants, an officer’s “gut feeling” won’t likely be admissible as serious evidence in court.

December 2, 2009

Pamela Bach, ex-wife of Baywatch superstar David Hasselhoff, tagged for driving under the influence in Los Angeles

by Michael Kraut

The AP has reported that Pamela Bach was arrested on charges of DUI in Southern California on Saturday night on the 101 freeway. The police report said that the former Baywatch beauty and (now ex-wife of David Hasselhoff) blew a BAC level of 0.13% or 0.14% — significantly over the state’s legal limit of 0.08%. She was booked at the Van Nuys jail and released after posting a $15,000 bond. Bach confessed to her misjudgment in a public statement: “I am remorseful and mortified. I am going through a really difficult time between David being in the hospital and going through the divorce.” Pamela%20Bach%20DUI.JPG

According to the AP, Bach had been arrested in 2007 for a hit and run — a charge which was later dropped when she reached a settlement with the woman whom she hit. She was also on probation for a DUI in Southern California she received back in August.

As a savvy Van Nuys DUI attorney would tell you, the legal defense for someone charged multiple times with DUI in California can be exponentially complicated. Multiple violations of California Vehicle Code Section 23152(a) and 23152(b) can result in increased penalties.

First-time DUI offenders face serious-enough penalties, including six weeks minimum alcohol school, suspension of driver’s license for a year, 4 hours in police custody, fines, and other assorted penalties. But the punishments get much worse with multiple convictions. Second time offenders can receive a two-year driver’s license suspension, a minimum of 18 months in alcohol school, and a mandatory four-day jail sentence. A third time offender can get a three-year driver’s license suspension, 18 months minimum in DUI school, and a minimum of 120 days in police custody. A four time DUI offender (within 10 years) can get a minimum of 180 days behind bars (just for a misdemeanor DUI) and may have to pay additional fines and penalties.

If you or a friend or loved one has been arrested for Burbank DUI or DUI anywhere else in Southern California, look to the services of a qualified attorney.

November 10, 2009

Los Angeles DUI Suspect Charged with Smashing into Cop Car In North Hollywood

by Michael Kraut

According to a CBS news report, 41-year-old Silviano Ramirez has been arrested for misdemeanor DUI with injury in Los Angeles following a late evening collision near Lankershim Boulevard. At around 9:30 PM, Ramirez — who was later tested to have a BAC level of 0.15% — attempted a non-sanctioned U-turn and plowed into a patrol car, injuring both police officers inside and giving one of them a broken nose. The cop car ricocheted into a third vehicle, sending the driver of that vehicle to the hospital with injuries.

Ramirez was arrested at the scene and charged not only with driving under the influence in Los Angeles but also with driving on a suspended/restricted California license. He is scheduled to appear in Van Nuys Superior Court on Friday to face an arraignment.

You don’t need a Southern California DUI lawyer to understand that crashing into a cop car while driving with a BAC of nearly twice the state’s legal limit is asking for trouble. Yet although the suspect stands accused of DUI with injury, the terms of his punishment could vary substantially, depending on how badly he injured the two police officers and the other driver.

This is a key point. In most people’s minds, all Los Angeles DUI injury cases “rhyme” — that is, they’re all punished roughly equally. However, the law — as defined by two critical codes, California Vehicle Code Section 23153 (a) and California Vehicle Code Section 23153 (b) — stipulates a diverse set of possible punishments. To convict you of a felony injury DUI, a prosecutor must make a special and concerted effort to show the following:

* You drove under the influence of alcohol or drugs
* You drove with a BAC of 0.08% or higher (can be less if, for instance, you’re under 21 years of age)
* You disobeyed a traffic law (in this case, Ramirez conducted an illegal U-turn, so that would likely qualify as a violation)
* The illegal driving act directly led to the injury in question
A superficial assessment of this Southern California DUI case suggests that the defendant may have a particularly difficult road to hoe. For one, he hit police officers. Secondly, he injured the officers. He also made an illegal U-turn. Finally, he allegedly drove while on a suspended/restricted license.

Nevertheless, a methodical and battle tested Los Angeles DUI attorney could help him craft a logical and workable defense strategy.