Los Angeles Criminal Defense Attorney Blog

While celebrity Los Angeles DUI cases get the lion’s share of the headlines (for examples see: Paris Hilton, Lindsay Lohan, Mel Gibson, Chris Klien, etc), sports stars who drive DUI have been making the news a lot recently.

The Baltimore Ravens’ Assistant Coach, Andy Moeller, is one of the latest sports celebs to get charged with a serious DUI offense. His September 21 bust came just a few days before Jets wide receiver Braylon Edwards’ DUI arrest. According to news reports, the 46-year-old coach got pulled over on the Baltimore Beltway early morning Saturday. The police charged him with seven different violations, including DUI. Moeller is no stranger to road related arrests. In December 2007, when he was an offensive line coach at Michigan, Moeller got arrested for DUI. He also still continues to deal with the legal fallout from a May 2010 arrest for DUI and negligent driving. Although he got acquitted of charges stemming from that arrest, Moeller has faced more intense scrutiny from colleagues, fans, and reporters in the Los Angeles DUI celebrity blogging community.

When someone like Moeller gets pulled over for driving under the influence in Pasadena (or wherever) the police will often look for “symptoms” of DUI. These may include (but will not be limited to) the following:

• Bloodshot/bleary looking eyes
• Slurred speech
• Lack of coordination, stumbling
• Incoherent story telling
• Aggressive behavior
• Inappropriate emotional reactions to police questions
• Odor of alcohol on the person or in the car/vehicle
• Admission to having consumed alcohol
• Lack of balance
• Acute symptoms, such as vomiting or losing consciousness

Just because you demonstrate symptoms that you have been DUI in Pasadena (or wherever), however, doesn’t mean that you actually were – or that you should suffer the consequences, which can include jail time, fines, probation, license suspension and much more.

Indeed, a Los Angeles DUI attorney may analyze your case and find that the so-called DUI symptoms actually stemmed from fatigue, from improper police observation of your behavior, or even from an undiagnosed disease or condition. For instance, it’s well known that diabetics can blow “false positives” into breathalyzer machines because ketones and other chemicals in their breath can register as alcohol. All this is to say that, if you stand accused of a crime like Glendale DUI or Pasadena DUI, you should talk over your options with a qualified and resourceful Southern California lawyer.

Continue reading " Another Charge for Raven’s Coach Moeller has Los Angeles DUI Sports Analysts Talking " »

Last Tuesday, an emotionally charged Southern California DUI trial got underway in Fullerton. The defendant, Angel Herrera Leal, stands accused of perpetrating a horrific fatal DUI accident on an Anaheim freeway.

According to news and police reports, in the early morning hours of December 27, 2008, Leal – who had been twice convicted for driving under the influence in Southern California (2005 + 2007) – drive several miles in the wrong way on the southbound lane of an Anaheim freeway. He eventually collided head on with a car driving the correct direction. The collision resulted in the death of one of the passengers in the southbound car – Rebecca Moon – as well as injuries to the driver, Jisun Park. (Park allegedly had also been driving under the influence that evening, and she was cited accordingly).

Prosecutors apparently will seek a Southern California DUI murder charge against Leal. The Deputy DA, Howard Gundy, claims that Leal had a BAC of 0.29%. (By comparison, the Southern California DUI legal limit is 0.08%). According to news reports, Leal had spent time in alcohol education classes -- he was aware that driving while intoxicated could lead to someone’s death or serious injury. He was also operating on a suspended license.

Prosecutors seeking serious charges -- such as Glendale DUI murder -- must meet a serious burden of proof. Typically, if a driver kills someone while DUI, he or she can be charged with vehicular manslaughter or maybe vehicular manslaughter with gross negligence, depending on circumstances. The charge of DUI murder is even more serious than the vehicular manslaughter counts. In this case, the defendant had two priors and had completed an alcohol education course, so he should have deeply understood how dangerous driving DUI could be.

Designing a potent defense to charges of driving under the influence in Pasadena or Glendale (or wherever) can be tricky, even if the charges are far less serious and the police employed less than stellar technique. A smart, credentialed and experienced lawyer can make all the difference.

Continue reading " Los Angeles Man Could be Charged with Southern California DUI Murder " »

Celebutante Paris Hilton's 2006 Los Angeles DUI made headlines around the globe. The billionaire heiress was sentenced to 45 days behind bars for violating her probation, and she served her jail time on June 3, 2007 – just after she finished attending the MTV Movie Awards. Her subsequent release on June 26, 2007 attracted hoards of paparazzi and other star watchers and turned her Los Angeles DUI event into one of the stories of the year.

Although Ms. Hilton attempted rehabilitation, this summer has been pretty rough for her. During the World Cup in South Africa, Hilton got detained by local authorities for allegedly possessing marijuana – she was later exculpated when authorities discovered that another person in her coterie had been smoking. More recently – on August 27th – Hilton got busted for cocaine possession in Las Vegas near the Wynn Casino. Paris had been a passenger in a Cadillac Escalade driven by her boyfriend, Cy Waits, who got pulled over by the police. As Hilton waited, she removed lip balm from her purse, revealing a small but not insignificant amount of cocaine right in front of the officer. Hilton was booked for cocaine possession at the Clark County Detention Center and released the next day. Her boyfriend, Waits, got charged with driving under the influence of drugs and/or alcohol (allegedly marijuana).

According to California Vehicle Code section 23152 (a), if you drive under the influence of drugs or alcohol in Burbank (or wherever in California), you can be charged with a significant crime. The drugs can be illegal – e.g. cocaine or marijuana – or even over-the-counter prescription drugs. Although an officer will not likely give you a breathalyzer test for a Burbank DUI drug case, you may be asked to submit a urine or blood sample to be chemically analyzed.

Although all Los Angeles DUI drug cases are serious – and penalties can include everything from jail time to mandatory drug and alcohol classes to suspension of driving privileges – a qualified and experienced Southern California DUI attorney can often break down the prosecution's case against you. For instance, the so-called science used to identify someone as under the influence of drugs can be attacked using a number of different strategies and tactics.

Continue reading " Another Los Angeles DUI Bust for Paris Hilton? Not Quite – This Time It's Cocaine in Vegas " »

Many articles about Los Angeles DUI tell you how to avoid getting into dangerous driving situations, how to handle the police at the scene, and even how to draft an effective legal contest to your charges. But very few resources out there tell you what to do -- how to handle the stress, agita, confusion, and overwhelm that you feel -- in the hours and days after your arrest. This blog post aims to help defendants take smart, active and resourceful steps to help with damage control.

1. Record what happened

The human memory is notoriously fluid and malleable. Although you may feel like that your Glendale DUI arrest will forever being burned in your mind, your memory has a way of warping events. If you cannot clearly and articulately recall what happened, you may not be able to put up your stiffest defense. To that end, write down precisely what happened as soon as you get home and get cleaned up. If you remember any officer quotes – things that might be helpful in constructing a defense – be sure to note those. Note time lines. If you were given a breathalyzer or blood test, note how that went. Write down the names of officers who arrested you, and so on and so forth. The more information you can get out of your head and onto paper right now, the easier it will be for your Pasadena DUI lawyer to help you strategize your defense.

2. Don't delay taking action

For one thing, your California driver’s license could be suspended if you don’t try to contest your charges. Also, if you miss court dates or other key deadlines, you could face penalties above and beyond those stemming from your Southern California DUI.

3. Find an attorney ASAP

True, you can handle your own defense. But if you fail to put up the stiffest resistance to the charges against you, the consequences could be dire. Not only could you face jail time – sometimes much more jail time than the minimum 48 hours behind bars – but you could also face heightened court costs, stricter probation terms, a lengthier license suspension, and more mandatory alcohol school.

4. Steel yourself.

In the weeks and months ahead, you may have to go through difficult times as you relive your arrest and explain to family and friends what’s going on. Do your best to get perspective on what happened, and count your blessings that you are still alive. It is possible to recover from a DUI arrest and rebuild your life, become a safer, more mindful driver. It is going to take work and soul searching to figure out how you got to where you are now – and how to make improvements in your life.

As part of your battle strategy, you almost certainly want to get the help of an experienced Los Angeles DUI lawyer.

Continue reading " What to Do After Being Arrested for Los Angeles DUI " »