Los Angeles Criminal Defense Attorney Blog

Most Southern California DUI news stories and blog posts report only on the latest headlines. But sometimes the most important stories percolate for weeks without getting due attention. To that end, let’s examine relevant developments that could impact your driving and your safety.

1. CHP will serve over 6,000 warrants for individuals who’ve ignored DUI court appearances.

According to official sources, the California Highway Patrol is going to serve 6,000 warrants for drivers who were caught driving under the influence in Southern California and elsewhere throughout the state who did not show up for court appearances. These warrants should be out by September 30th. Individuals who have outstanding warrants can turn themselves in. Celebrities are not exempt from this hunt. As this blog reported, Jani Lane, former lead singer of the band Warrant, was issued a warrant last month for failing to show up to a Los Angeles DUI hearing.

2. Increase in traffic fines may be impacting Southern California road safety.

On January 1st, 2009, the California legislature passed a law that increased fines for traffic infractions by up to 150%. The revenues from these fines have paid for construction of new courthouses. The imposition of higher fines should theoretically deter bad driving, but it is uncertain whether the deterrent works. More studies need to be done to demonstrate a clear cause and effect relationship.

3. Mandatory Interlock Ignition Device program for first time Los Angeles DUI offenders is moving forward.

As regular readers of this blog may know, as of in January 2010, first time DUI offenders may be forced to install Interlock Ignition Devices in their vehicles as part of a pilot program to deter recidivism. The IID is a breathalyzer-like device that prevents you from turning on your car unless you blow into it and blow a “clean” reading (BAC = 0.00%).

In addition to the mandatory IID installation, first time offenders can face other undesirable penalties for driving under the influence in Southern California such as:

• Mandatory two days (48 hours) behind bars
• Strict terms of probation
• Mandatory alcohol school
• California drivers license suspension for a full year
• Potential elevation of the misdemeanor charge to a felony in the event of an injury DUI
• Fine of $1,000
• Court costs (often way in excess of $1,000)
• Unquantifiable anguish, frustration, and lost time dealing with the arrest, and the direct and indirect consequences of the arrest

4. Former DUI prosecutor now available to help Los Angeles DUI defendants.

Continue reading "Southern California DUI News Updates – Quick Reports on Stuff You Should Know" »

No one wants to be arrested for Southern California DUI, and no one wants to be involved in an injury crash with a driver who has been under the influence. But just how much of a problem is, for instance, driving under the influence in Beverly Hills or elsewhere in the state? Has anyone quantified the dangers? And if so, what might the data tell us about how to solve this society-wide problem – or at least build towards a long-term resolution of it?

Before we start thinking in grand terms and trying to diagnose a solution for the system, take a gander at the following 12 statistics about driving under the influence in Southern California:

1) Of the car accidents in the United States that result in teen deaths, 60% involve alcohol or drugs.
2) Kids drink. Nearly three out of four teenagers in the United States have drunk alcohol; 10% of kids aged 12 to 13 drink alcohol at least once every month.
3) In the United States, nearly three people die an hour in alcohol related car, truck, and motorcycle accidents.
4) Teenage boys who drive with BAC levels ranging from 0.05% to 0.10% are nearly 20 times more likely to get into a car crash than are teenage boys who drive sober.
5) Teenage girls who drive within that BAC range are more than 50 times more likely than sober teenage girls to get into a motor vehicle accident.
6) According to various surveys, somewhere between 10% and 12% of all drivers on US roads has consumed some alcohol.
7) One survey suggests that someone with a BAC level of 0.15% (nearly twice California’s legal limit) is nearly 400 times more likely to be killed in a crash than a sober driver.
8) In 2008, there were 3,434 fatalities on California’s roads, of which 1,198 were alcohol related. Of these, 1,029 involved drivers who were driving above the legal limit of 0.08%.
9) 2008’s numbers are actually BETTER than numbers in the past. For instance, in 1987, California’s roads saw 5,504 fatalities, of which 2,961 were alcohol related and 2,354 involved drivers who were driving with a BAC of 0.08% or higher. (These stats come from the National Highway Traffic Safety Administration).
10) DUI arrests have dropped nearly 50% since the CA State Legislature enacted a law in 1990 that stipulated that the legal limit for BAC would be 0.08%.
11) But Southern California DUI arrests may be on the increase. In 2006, for instance, 197,248 people were arrested for DUI in the state; in 2007, 203,866 people were arrested for DUI.
12) Anecdotal and statistical evidence suggests that the quality of your DUI defense attorney can make a major difference in terms of your sentencing.

If you or a family member has been charged with driving under the influence in Hollywood or elsewhere in Southern California, the choice of your attorney can be incredibly important in terms of your future and finances.

Continue reading "12 Scary Statistics about Southern California DUI" »

For years, we have been treated to a media spectacle: a seemingly endless parade of celebrity Los Angeles DUI violators apologizing to us on TV, on radio, and in print. Although Tiger Woods’ mea culpa last Friday had nothing to do directly with the string of celebrity DUIs that have graced our tabloids recently, his apology is in many ways one-of-a-piece with other celebrity self-flagellations we’ve collectively endured.

What is behind the following cycle?

#1. A celebrity does something obviously wrong. (From Nick Nolte to Mel Gibson to Lindsay Lohan to Stephanie Pratt, that “something” has been a Los Angeles DUI. For Tiger Woods, it was a string of infidelities.)

#2. Deny the wrongdoing or diminish it somehow.

#3. When the evidence becomes so overwhelming that the celebrity cannot get out from the glare of the spotlight, capitulate and make public amends.

#4. The public grants absolution (or not), and the celebrity gets off the hook (or not).

#5. The public gets distracted by the next celebrity crime/gaffe/outrageous statement.

If Tiger Woods’ infidelities and celebrity Los Angeles DUI events were victimless crimes, this cycle would be nothing more than frivolous theater for the masses. But real people can and do get hurt. In Tiger’s case, no one was actually physically injured. But in cases of celebrity hit and run accidents, for instance, people and property get damaged.

Moreover, when we see authority figures (celebrities, politicians, athletes) behaving badly, it gives other people a kind of permission to behave badly as well, indirectly.

So how can we solve the seemingly intractable problem of celebrities behaving badly -- committing public infidelities, lying to confidantes and to the public, and driving under the influence in Hollywood and elsewhere in Los Angeles?

Obviously, this blog cannot on its own solve the mess. But what we can do is to sketch out the law a little clearer, so that people can understand it and abide by it better.

Two key laws are found in the California Vehicle Code Section 23152(a) and 23152(b). According to 23152(a), if the Southern California police stop you while you are driving DUI or under the influence of drugs, you can be arrested and charged with a misdemeanor or felony. If you wind up convicted of this crime, you can lose your California drivers license, be forced to pay significant fines and court costs, get points on your DMV record, and suffer all sorts of indirect consequences from the arrest and conviction.

23152(b) defines the legal limit for blood alcohol concentration at 0.08%. In other words, if you drive with this BAC or higher, you can be arrested and convicted for driving under the influence.

Building a stout defense to charges of driving under the influence in Beverly Hills or anywhere else in Southern California can challenge even veteran attorneys. The law is complex, and prosecutors tend to come down hard on DUI offenders -- even first time offenders. Fortunately, a good attorney can make a real difference.

Continue reading "Celebrity Los Angeles DUI Arrests and Tiger Woods: The Art of The Public Apology" »

In last Sunday's New York Times, writer Ryan Gabrielson reported that Southern California DUI checkpoints often spell serious trouble for unlicensed motorists. In 2009, nearly 24,000 cars were seized at Southern California DUI checkpoints -- netting around $40 million for the state in fines, towing fees, and other costs. Each impounding can run up to $4,000 or more -- usually much more than many motorists can afford to pay.

Times readers reacted passionately to the story. Some readers argued that the impounding is useful and fair. Others argued that the practice victimizes the poorest people in Southern California and constitutes what's in essence an extra tax on unlicensed drivers.

Those in favor of the police actions argued that uninsured motorists/unlicensed drivers often cause havoc on Southern California roadways. If one of these drivers hits another vehicle and then flees the scene, the driver who got hit (and possibly injured) must foot the bill for repairs and medical costs, if his or her insurance company won't help.

On the other hand, the draconian punishments for non-DUI checkpoint offenders may distract police from their primary mission of stopping driving under the influence in Burbank (and elsewhere). The practice also seriously hurts people who are just scraping by on the margins of society. Take away these people's vehicles, argues the other side, and they may no longer be able to hold down jobs. Some may even turn to crime to pay the bills.

Obviously, this blog can't resolve such a complex and multifaceted issue. But we can provide some basic information to educate Southern California drivers.

For instance, did you know that if you're pulled over for suspected DUI in Southern California, the police will look for so-called objective symptoms of DUI? These symptoms can include, but are not necessarily limited to:

• Fumbling and stumbling
• Slurred or incoherent speech
• Contradictory stories of where you have been, or what you are doing on the road
• Slow or belligerent responses to officer questions
• Inappropriate emotional reactions to being pulled over
• Smell of alcohol on you
• Blurry, bloodshot, or unusually dilated eyes
• Shifty or slovenly appearance
• Poorly maintained vehicle
• Terrible driving

If you or loved one has been pulled over for driving under the influence in Burbank, it may feel like your world is collapsing around you. Who should you talk to? What might happen to you? What steps should you take to defend yourselves against the charges?

Continue reading "Southern California DUI Checkpoints Used to Nab Unlicensed Drivers: Is This Practice Fair?" »

Celebrity Beverly Hills DUI arrests regularly grace the pages of our tabloid newspapers (see, for instance, DUIs involving Lindsay Lohan, Mel Gibson, Nick Nolte and, most recently, Adrian Pasdar). But the non-celebrities among us do not seem to be faring much better when it comes to avoiding the long arm of the law.

A recent Men’s Health Survey (due to be published in March) finds that 3 of the top 10 “drunkest” cities in United States belong to the Golden State; Riverside, Bakersfield, and Fresno all rank among the “most drunk” cities.

The survey took into account an array of factors. The magazine investigated CDC data re: alcohol liver disease, Southern California DUI fatal car crashes (viz the Fatality Analysis Reporting System), and the total number of DUI arrests (viz the FBI). The magazine even cross-compared DUI punishments to assess the relative drunkenness of metropolises.

Fresno ranked as the worst city; Riverside as the fourth worst city; and Bakersfield as the tenth worst city. Curiously, Boston, Massachusetts was the least drunk city. This may come as a surprise to many people, given that Boston is home to Samuel Adams beer as well as to a plethora of colleges, including Harvard, MIT, Boston University and many, many others.

New York City also got off relatively easy in the survey. Perhaps Boston and NYC fared better because the two East Coast cities have lots of public transportation; thus, maybe there were simply fewer opportunities for DUI driving.

Nevertheless, the Men’s Health Survey serves as a sobering reminder of the perils of Southern California DUI -- for both individuals and for our community.

Practically everyone -- from law enforcement officials to criminal defense attorneys representing Hollywood DUI clients -- agrees that driving and alcohol consumption don’t mix and that we need to better fixes for roadway safety. To move in this direction, we must understand when and how to tell whether a driver is intoxicated.

Beverly Hills DUI officers look for an array of symptoms whenever they pull over a suspected driver. These include but are not limited to:

• Disheveled appearance
• Bizarre or dangerous driving
• Poor motor coordination
• Fumbling with driver’s license and registration
• Incoherent or paradoxical stories of where the person has been
• Slow or inappropriate responses to police questions
• Watery eyes
• Smell of alcohol in the car or on the person
• Other inappropriate demeanor or actions

Crafting an intelligent defense to charges of driving under the influence in Beverly Hills means first and foremost understanding what the law stipulates and how the trial process for DUI typically proceeds.

Continue reading "Concerned about Southern California DUI? You’re not alone: Men’s Health Survey rates three CA cities as “drunkest” in the US." »

Would the public and people suspected of driving under the influence in Burbank, Long Beach, and elsewhere in Southern California be better served if police use more accurate methods to test for blood alcohol concentration (BAC) levels?

The Breathalyzer device has been a law enforcement staple for decades. Most people -- including most police officers and drivers -- assume that Breathalyzer tests used at DUI checkpoints are pretty accurate.

We take it on faith that these tests work at least well enough to determine guilt or innocence for driving under the influence in Southern California. However, unrefuted analyses show that Breathalyzer readings can be riddled with errors. Let’s examine some of the most common sources of error:

1. Calibration problems

Silicone oxide sensors can be contaminated and influenced by chemicals other than ethyl alcohol (the “active ingredient” in most cocktails and drinks). Both the so-called wet bath method and the dry gas method of calibration have flaws. A failure to recalibrate -- or interference with recalibration -- can lead tests to be widely off the mark.

2. Certain chemical compounds can interfere with readings

Diabetics, most famously, can have acetone levels in their blood that can throw off BAC readings (and thus yield a false positive). A scientific study out of Europe recently found that certain asthma medications can also lead to false positives. Environmental compounds, such as MTBE -- an additive in gasoline -- can also interfere with breathalyzer mechanisms and lead to false positives… as can paint remover, other kinds of alcohols, lacquers, and volatile organic compounds (VOCs).

3. Variations among people

Variations in human physiology abound, and these can play a not insignificant role. One person’s breath may be “more alcoholic seeming” than another person’s breath -- even though the two subjects may have identical BACs. In other words, someone well above California’s legal limit of 0.08% could test below the legal limit because he has what's known as a high partition ratio. Conversely, a driver who has a low partition ratio (e.g. 1400:1) could have a de-facto BAC level of 0.06% and still test above the legal limit for Long Beach DUI.

4. Officer bias and other issues

Police officers are people too, and they can make mistakes -- both in terms of recording BAC levels and in terms of conveying relevant information up the chain of command.

Also, variations between men and women, variations due to temperature, and variations due to cell volume of the blood of suspects (known as hematocrit) can also lead to skewed results and false positives.

So what should you do if you or a loved one has been slapped with a misdemeanor charge of driving under the influence in Long Beach, and you believe that the Breathalyzer test gave a false positive? Even if the facts are on your side, you still likely need a competent and trial-proven lawyer to help you plead your case.

Continue reading "Should Breathalyzer Tests Be Used on Long Beach DUI Suspects?" »

From Burbank DUI drivers to debris in lanes to ferocious traffic snarls, Southern California's freeways present a gallery of challenges to drivers. Here's a quick guide to the obstacles we frequently encounter thanks to our tangled freeway system.

Rush-hour gridlock from 6 AM through 9 PM... and often on weekends.

The massive, never-abating congestion on freeways like the 10, the 405, and the 101 (but not the 90!) causes much consternation to newbie drivers. Whether you join the queue at six in the morning on the way to work; or you encounter a surprise snarl at 9 PM on a Sunday, be forewarned that stop-and-go traffic can be quite treacherous. Obviously, it's hard to get into a serious injury accident going 5 mph. But when traffic thaws - after an obstacle is removed from the road, for instance - conditions can become quickly fluid, and accidents can easily occur. Just like a melting glacier presents challenges to hikers walking on top of it, so can a flowing traffic jam be extra dangerous to cars caught in the middle of it. So when the traffic breaks up, be on extra alert.

Freeways at night can turn into grand prix racing grounds.

The 405 is not always packed with cars, contrary to the impressions of daily commuters. At night, Southern California's capacious freeways empty out. This attracts a different kind of hazard -- the speedster. As reported on our Southern California DUI blog, a local television actor (Adrian Pasdar) was arrested just last week for driving 94 mph on the 405 near Santa Monica Blvd. DUI drivers, careless drivers, bad lighting, and highway maintenance projects can turn freeways into veritable obstacle courses.

Distractible drivers.

Southern Californians have an ongoing (and unfortunate... for many reasons) love affair with the cell phone/personal digital assistant. Driving while texting or talking on a cell phone can be hugely problematic -- perhaps even more dangerous than driving under the influence in Southern California. A recent study found that California's anti-cellphone-while-driving law has not resolved the problem -- perhaps because the law required only that drivers speak on headsets instead of requiring that they refrain from talking on the phone altogether while driving.

In any event, by paying extra attention to the road -- and not yapping on the cell phone, getting distracted by billboards or local celebrity sightings, or sightings of paparazzi spotting local celebrities -- you can hopefully mitigate some of the risks posed by other distracted drivers.

Understand the penalties for driving under the influence in Burbank and elsewhere in Southern California.

Many people think that getting a first-time DUI is akin to getting a speeding ticket. But a DUI is no mere infraction. According to the law, even a first-time DUI offender can be charged with a misdemeanor -- or even a felony, depending on the circumstances. If you're convicted of even a misdemeanor Burbank DUI, the court can impose a crushing array of penalties including but not limited to:

* minimum of 48 hours in jail (two full days)
* court costs and fines of potentially thousands of dollars
* mandatory alcohol school in probation
* suspension of license for a full year
* pursuant to a law that went into effect on January 1, first time DUI offenders must install an interlock ignition device (IID) in their vehicles. This means that you must blow into a Breathalyzer-like device every time you want to start your car.

Obviously, the punishments for driving DUI in Burbank are unpleasant, to say the least. But what can you do if you or a loved one has been arrested and charged?

There are many wrong paths to take. If you lack knowledge of how the court system processes Southern California DUIs, you could easily take one of these inferior paths and compromise your future. Fortunately, good help is available.

Continue reading "Burbank DUI Drivers and Other Hazards: How to Handle Southern California's Wild Freeways" »

The problem of driving under the influence in West Hollywood is a perennial one. On weekend nights and certain holidays (especially Halloween), the surface streets in West Hollywood become extremely hazardous to both pedestrians and drivers. Here, we provide some tips for how to (hopefully) drive safer and smarter in and around the City of West Hollywood.

1. Limit your driving on party nights.

As long time residents know, the City of West Hollywood comes alive on weekend nights -- particularly along the stretch of Santa Monica Boulevard from Doheny east to La Cenega. The Sunset Strip (to the north) is also the site of many arrests for DUI in Hollywood.

Hard partying drivers pose risks not only to other cars on the roads but also to pedestrians. According to authors Steven Levitt and Stephen Dubner (SuperFreakonomics), walking while under the influence of alcohol may be even MORE dangerous than driving under the influence, per mile traveled. So pedestrians and drivers alike should be particularly cautious in the “party zones” -- especially during weekends and holidays.

2. DUI drivers who get distracted while looking for parking spots can be doubly dangerous.

Parking restrictions abound in West Hollywood. Trying to finagle a parking space, especially near the clubs and restaurants along Robertson, Santa Monica Boulevard, and La Cienega Blvd, can be perilous even if you're driving sober and in the middle of the day. The constant cat and mouse game that is the quest to find parking in West Hollywood can result in drivers becoming extremely distracted. When you combine this with alcohol in any form, the dangers skyrocket.

3. Certain intersections have a reputation for being unwieldy.

The intersections of Santa Monica Boulevard with north-south streets like Fairfax, La Cienega, and Doheny, for instance, can get crowded and competitive during rush hour. So be extra mindful at these big intersections. Watch for drivers cutting across traffic or breaking other rules.

4. DUI in West Hollywood dangers can actually increase when fewer cars are on the roads.

During the day, when most of Los Angeles is stuck in a perpetual traffic gridlock, cars obviously have to drive slower, and thus the potential dangers of injuries from certain collisions decrease. When the traffic frees up -- during the evening hours and sometimes in the weekends -- cars naturally speed up. While this makes getting around West Hollywood a little easier, it also poses problems. DUI in Hollywood collisions are more likely to lead to injuries and death, for instance. This hazard can be compounded on the weekends because certain neighborhoods will clog up with traffic (people going into and out of popular clubs and restaurants), and thus there's a lot of stop and go action on the roads, which can make things even scarier -- particularly when you add DUI in West Hollywood drivers to the mix.

The laws governing DUI in West Hollywood are the same as the laws that govern DUI elsewhere in the state. Two sections of the law are particularly relevant -- California Vehicle Code Section 23152(a) and California Vehicle Code Section 23152(b). These sections outline precisely what constitutes the crime of driving under the influence of alcohol or drugs and sets forth the (many) punishments that can be handed out to violators. Two related laws, California Vehicle Code Section 23153(a) and California Vehicle Code Section 23153(b), outline the crime of Southern California DUI with injury and stipulate the punishments for that crime.

To build a stiff defense against any of these charges, it helps to retain a lawyer who has a deep working understanding of Southern California judicial system from both the prosecutorial and defense side.

Continue reading "DUI in West Hollywood Dangers -- How to Avoid Them" »

The California Supreme Court agreed that while Los Angeles DUI checkpoints are legal, even though they stop people without probable cause. The Court ruled that since the California DUI checkpoints are not criminal investigations in themselves, they are simply tool stop or deter drunk drivers.

That is why a top rated Los Angeles DUI Defense Attorney can ensure that your rights are being properly protected. Aggressive representation is necessary to protect the rights of those who enter a California DUI checkpoint and are arrested for a Los Angeles DUI.

While the Court had agreed that they were legal, they reiterated certain requirements. The justices stated that the DUI checkpoints must adhere to the guideline that the checkpoint must be publicly advertised.

Continue reading "Los Angeles DUI Checkpoints Found to be Legal by California Supreme Court" »

The dangers of driving under the influence in Burbank have increased dramatically, thanks to the drenching rain that has doused the Southland. AccuWeather projections predict that the rain will last at least until (or through) Friday, potentially causing local flooding, traffic snarls, and changes to typical freeway congestion patterns.

How does heavy rain impact risk for Burbank DUI?

Rain in general can increase driving dangers, including the dangers from Southern California DUI

Rain reduces visibility, causes windows to fog up, slicks up road with oil and debris, increases risk of hydroplaning, and disrupts normal traffic patterns.

Weather related confusion alters driver perceptions about what constitutes safe driving and what constitutes dangerous behavior.

Rain can make certain driving decisions appear more or less dangerous than they actually are. For instance, let's say you're driving through a flooded freeway. You might be thus inclined to be more cautious than you normally would -- and this overcompensation would result in a net improvement in safety over how you normally drive. On the other hand, rain keeps some people off the roads. Thus, you might interpret this absence of traffic as a "green light" to go faster, and this would result in your driving less safely than you normally would.

Most accidents result from multiple "things going wrong" -- rain can be the element that causes a driving situation to cross the threshold from near-miss to accident

According to the statistical analyses of auto and airplane crashes, accidents often result from multiple errors strung together. Consider a theoretical plane crash. The pilot may be more fatigued than usual; he might be flying into foggy weather; his instrument panel might be below grade; and his copilot might be distracted due to a fight he had earlier in the morning with his brother. Taken individually, these factors might not lead to an accident. Taken together, however, these x-factors could create a lethal mix... and lead to a plane crash.

To bring us back from this digression... the implication is that additional road risk factors, such as the rain beating down on Southern California, can (at least theoretically) increase the likelihood that "close calls" wind up as accidents. For instance, let's say there is a guy who's driving DUI in Burbank. Under ordinary situations, he would steer clear of obstacles. But add in the element of rainsoaked highways, and this could cause enough of a disturbance to lead to an accident.

Obviously, history works in only one direction, and there's no way to analyze these kinds of counterfactuals.

Given the increased risks out there, now might be a useful time to do a quick refresher course on the common DUI symptoms. These include but are not limited to: disheveled appearance, mumbling speech, bloodshot eyes, incoherent storytelling, verbal gaffes, clear misstatements of fact, bad driving, and poor motor control/stumbling.

Whether you face a first-time misdemeanor charge of Encino DUI, or you're battling a complicated DUI manslaughter in Long Beach charge, good legal help is a must.

Continue reading "Burbank DUI Risks Increase Due to Torrential Rains" »

One of most powerful Republican State Senate leaders North of Los Angeles was arrested for a DUI. Utah State Senate Majority Leader Sheldon Killpack was arrested for driving under the influence and one day later he resigned from office.

The irony of the arrest is that the State Senate leader was one of the biggest proponents of drunk driving laws. After speaking with his DUI defense attorney, Killpack decided that he would be a distraction if he remained in the legislature, and so he quit his political post.

Killpack's father was killed by a drunk driver when the legislator was a teenager. Since being elected to the State Senate, he has championed victim's rights.

This past Friday night a Utah Highway Patrol trooper observed Killpack's vehicle driving erratically. When he was stopped, the trooper noticed that the legislator had a strong smell of alcohol. After being asked to perform field sobriety tests he refused to take a breath test. The trooper then took the unusual step of seeking a warrant to take blood. Killpack was then booked into jail and later released

Continue reading "High Ranking Republican Arrested For DUI....But Not A Los Angeles DUI" »

The National Highway Traffic Safety Administration (NHTSA) monitors trends regarding fatal Southern California DUI incidences. A close look at the recent stats points to many positive developments and some concerns. Let's consider the stats over the past 30 years to wee how the dangers of DUI in Southern California have evolved. (We believe that it's crucial to regularly step back from analyzing DUI headlines and inspecting the latest CA DUI laws to get perspective on the size and scope of the issues drivers face.)

In the early 1980s, driving in Southern California was extremely dangerous -- much much more so than it is today. In 1982, for instance, over 60% of CA's traffic fatalities were alcohol-related. There were 4,615 total roadside fatalities, 2,799 of which were alcohol-related; and 2,484 of the alcohol-related fatalities involved drivers who tested over the state's legal limit of 0.08%.

Due to a variety of factors, including increased awareness of the dangers of driving under the influence in Los Angeles, stronger enforcement of DUI and seatbelt laws, and better car safety engineering, alcohol-related fatality rates plunged over the next several years, even as the total number of California roadside fatalities increased. The high watermark hit in 1987, when 5,504 died on California's roads -- 2,961 of whom did so in alcohol-related crashes.

Over the next eleven years (1987-1998), both the total number of fatal accidents and the number of alcohol-related fatalities declined, bottoming out in 1998 at 3,494 (total) and 1,367 (alcohol-related). This decline could be almost entirely accounted for by the decline in alcohol-related fatalities.

Unfortunately, over the next seven or eight years, the downward trend reversed itself for both total and alcohol-related fatalities. By 2005, the numbers rose to 4,329 (total) and 1,719 (DUI related). Since the 2005 high water mark, however, the numbers have reversed yet again. In 2008, there were only 3,434 total fatalities on the road, of which only 1,198 were alcohol related.

Of course, analyzing statistics like these can lead to misguided conclusions. It is very difficult to tease out cause from correlation. Even when you have good statistical data, and you can identify strong correlations between two variables, to prove cause requires a much higher logical burden of proof.

Not all DUI related fatalities are charged as felonies. Some accidents can result in charges of DUI vehicular manslaughter. Other accidents can lead to charges of gross vehicular manslaughter. Still others -- so-called Watson Murders -- can be DUI murders.

To respond effectively to any of these charges, you likely need a trial-proven lawyer to help you.

Continue reading "Southern California DUI Fatalities Trending Downwards over Past Several Years" »

Starting in 2010, any driver convicted of a Los Angeles DUI will be required by law to install an interlock ignition device (IID) in his or her vehicle. The new law is part of an ambitious pilot program being tested in seven different California counties, including Los Angeles and Tulare (in Northern CA). It will remain in effect until at least January 1, 2016, at which time lawmakers can reevaluate the program and determine whether to continue, expand, or terminate it. The legislation stipulates that first-time offenders must keep an IID in their cars for five months minimum; furthermore, past DUI offenders may obtain a restricted driver's license -- provided that they agree to install IIDs in their vehicles.

The IID is a Breathalyzer-like device that prevents a vehicle from starting unless a driver blows a clean 0.00% BAC reading.

In addition to changing Southern California DUI rules, the California Legislature passed a slew of other laws which also went into effect on January 1, including:

Move Over, Slow Down expanded -- Drivers must slow down or change lanes when approaching emergency vehicles (such as Caltrans vehicles with flashing amber warning lights) or face stiffer punishments.

Assembly Bill 62 -- Californians may now install TV/DVD monitors in front seats of vehicles, provided that drivers cannot see the TV/DVD screens while operating their vehicles.

Paparazzi crack down -- Pursuant to complaints from Jennifer Aniston and other celebrities about aggressive paparazzi tactics, CA lawmakers passed a bill that imposes extremely steep penalties ($50,000+) on paparazzi who improperly obtain photos of celebs (for instance, by running red lights or committing other traffic infractions).

Seat-free Bicycles Now Allowed on Freeways -- Lawmakers eliminated a law that had banned the operation of seatless bikes on state freeways.

The implications of the changes to these laws -- particularly the ones pertaining to Los Angeles DUI and interlock ignition devices -- will no doubt be profound and far-reaching.

Do you or a loved one or family member need help battling charges of driving under the influence in Los Angeles?

Continue reading "Major Changes to Los Angeles DUI Laws Go into Effect: First Time Offenders Must Now Install Interlock Ignition Devices" »

The end of 2009 brought about a record number of California DUI arrests. This New Year's Eve into the early morning hours of the first day of 2010 ended with 527 DUI arrests throughout California and a total of 6 DUI related deaths. The number of California DUI arrests rose by almost 100 over the number of DUI arrests one year ago.

This huge number is because of the increase in the number of DUI checkpoints and the extra emphasis on DUI arrests by California law enforcement.

Los Angeles DUI checkpoints that are still going on this weekend and will be used to enforce Los Angeles DUI laws include the following:

- On January 1, 2010 on Figueroa Street between 8th and 9th streets in downtown Los Angeles. This checkpoint will operate between 6:00 PM and 1:00 AM.

- On January 2, 2010 there will be a Los Angeles DUI checkpoint on Olympic Boulevard west of Cherry Avenue, between 7:00 PM and 12:30 AM.

These checkpoints will need to comply with very strict requirements in order for the ensuing DUI arrest to potentially lead to a DUI conviction. Otherwise, a top notch DUI defense firm will be able to find the defects in the Los Angeles DUI checkpoint and if those defects are fatal, the DUI case will have to be dismissed.

History has shown that Burbank DUI cases and Pasadena DUI cases as well as DUI cases from any other Southern California city may very well have false high blood alcohol levels.

As a former Los Angeles DUI prosecutor and now practicing and running a top rated Los Angeles and Southern California DUI defense firm, people often ask me if these DUI checkpoints are legal. There are two things that need to be evaluated when looking at a Los Angeles DUI checkpoint. It must be determined if the checkpoint complies with all of the requirements in order to legal. If it idoes, then the next evaluation is, whether the blood alcohol level or BAC as reported by the machine or other test result are accurate.

When you are arrested for a Los Angeles DUI and are told of the test results, you should not loose all hope. Even if the California DUI blood test or DUI breath test report that you are over the legal limit of 0.08% or above does not mean those results are true and accurate. There are a number of reasons why the BAC level may be inaccurate. Those include the following reasons:

The machine is not calibrated correctly - DUI machine error
The police may not follow the procedures requires by California DUI law - procedural errors
In the case of blood or urine tests there could be a error - contamination errors

There are other reasons why a person could have an inaccurately high blood alcohol level. Even if the police or prosecutor tell you that your BAC is over the legal limit, even if by a significant factor, it is always worth fighting.

I always tell people that as a former prosecutor you should always fight your Southern California DUI case. The experiences and skills of a former prosecutor that now practices Los Angeles DUI defense is priceless in helping your to fight your DUI case.

Continue reading "California and Los Angeles DUI Arrests Over New Year's Eve 2009 Breaks All Records" »

1. Battle Los Angeles DUI incidences by improving the efficacy of rehab programs.

Sadly, rehab programs such as certain 12-step programs can be surprisingly ineffective at helping addicts recover from alcoholism. While only a few scientific surveys of groups like AA have been conducted, the results have not been particularly compelling. Indeed, some studies have suggested that 12-step treatment is no more effective than placebo treatment. Conversely, other rehab programs have demonstrated a statistically significant success rate, and perhaps there could be something to be learned from these more successful programs that could be more broadly applied and used to decrease the problem of Los Angeles DUI.


2. Increase prohibition on the use of cell phones and text messaging while driving.

As we’ve discussed elsewhere on this blog, the problem of driving while texting and driving while talking on the cell phone may be as big as -- if not bigger than -- the problem of driving under the influence in Long Beach and elsewhere in the Southland. Although California has made driving while texting illegal, perhaps more attention needs to be focused on this area. If we can reduce general driver distraction, we can likely reduce accidents and injuries on our roads.

3. Improve traffic engineering.

Road construction, bad or ineffective lighting, unclear signage, and other traffic engineering factors likely contribute to a significant percentage of accidents on Southern California roads. More innovative attention to these engineering problems can likely decrease the number of highway crashes significantly.

4. Use “crowd-sourcing” to identify dangerous drivers.

Crowd-sourcing is using aggregated community resources to get things done. Individuals armed with cameras and cell phones can in some circumstances help identify bad drivers and thereby exert social pressure to get them to conform to the laws of the state.

5. An improving economy can lead to more prosperity and more goodwill on the roads.

A depressed economy leads to depressed and distracted drivers. If you're fatigued, in a bad mood, and stressed about finances, chances are you're going to be a less attentive driver. Thus, in a bad economy, chances are that collectively Californians will be more at risk for getting into accidents -- DUI and otherwise. If the economy improves, however, this may likely have a salutary effect on our collective driving behavior.

6. Campaign to raise the awareness of the danger of sleeplessness.

Driver fatigue is a significant contributor to accidents. Unfortunately, most people are not aware of how dangerous it can be to drive while sleepy, stressed, or otherwise out of sorts. A simple statewide educational campaign to explain these dangers could result in safer roadways.

7. Improve road maintenance.

Clearing debris out of lanes on highways and performing other general upkeep should likewise have a salutary effect on road safety.

8. Sell fewer red cars.

Studies show that the color red can inspire aggression in the minds of other drivers. Theoretically, if fewer red cars populated Southern California’s highways and byways, we might see a decrease in driver aggression and thus in accidents and injuries.

9. Improve education for minors about the ABCs of road safety.

Many new Southern California drivers do not understand or appreciate their responsibilities. Likewise, they may not understand the laws regarding DUI -- in Southern California, for instance, if you're under 21 years of age and you are caught with a blood alcohol concentration of just 0.01 percent -- the equivalent of just a few sips of alcohol for some people -- you can be arrested and charged with DUI in Southern California.

10. Provide better legal assistance.

Do you need fast, effective, and professional help with a charge of Los Angeles DUI?

Continue reading "Ten Ideas to Decrease Los Angeles DUI Arrests and Improve Highway Safety in 2010" »

1. Driving under the influence in Los Angeles will not be the only major challenge facing law enforcement agents in 2010 -- driving while texting/phoning is also a huge issue.

A cell-phone-talking/texting epidemic has overrun Southern California. As more and more people become dependent on mobile devices to get through their lives, more and more drivers become inattentive. Left unchecked, this epidemic of distraction will surely lead to an increase in the number of injury accidents and deaths on our roads and freeways.

2. An increase in media distractions.

We face dangers not just from drivers who text but also from distractions such as flashing billboards (e.g. on Sunset Boulevard), billboards that change as we drive past them (e.g. on Pico Boulevard just west of Beverly Drive), and other intrusive forms of media, such as satellite radio. All these drags on our attention could ultimately lead to an increase in accident injuries.

3. General degradation of California’s highway and surface street infrastructure.

The California budget crisis has made it difficult for the state to spend necessary money on roadside repairs and upgrades to infrastructure. A dearth of road improvements will almost definitely translate into greater dangers for drivers.

4. The increase in diabetes and obesity in our population poses an indirect hazard to drivers.

As the obesity/diabetes epidemic spreads, more and more sick, inflexible, and medicated drivers are getting on our roads, and this likely poses a serious public safety challenge.

5. Failure of rehabilitation programs.

Recidivist alcoholics are at higher risk for DUI. Unless and until we find a more effective and less costly way to curb alcoholism and addiction in our population, we will face a greater risk -- not only of Southern California DUI injury accidents -- but also of other safety problems.

6. Problems educating underage drivers.

Today’s youth are bombarded with distractions that did not exist even a decade ago -- such as social networking, twittering, and other relentlessly aggressive technologies. These youth may be so distracted by these toys that they fail to attend to basic driving skills effectively.

7. Collective habituation to the dangers of DUI in Pasadena and elsewhere in Southern California.

Although driving under the influence in Southern California remains a serious problem, it is a well-known problem. Thus, we don’t hear about the dangers every day, and this lack of awareness likely contributes to increased risk.

8. Better technology can lead to overconfidence.

With GPS systems and other technological gizmos available to many Southern California drivers, overconfidence can easily result. Put too much trust in any automated system -- and relinquish too much control over your automobile -- and road mishaps are almost certainly bound to follow.

9. Better safety technology can lead to an increase in risk tolerance.

The advent of antilock brakes was supposed to slash accident rates across the country. It didn’t -- at least not to the extent that it should have. One theory for why is that drivers who have ABS tend to wait until later to brake -- due to their confidence in safety features. Thus, even though a car built today might objectively safer than a car built in, for instance, in 1985, our collective reliance on “last minute” safety features might ultimately wash out the difference.

10. Failure to get good legal help for charges of Los Angeles DUI...

Continue reading "Ten Concerns Regarding Los Angeles DUI and Other Driving Hazards in 2010" »

As 2009 wraps up, it’s time to turn our attention to Southern California DUI statistics that engaged our attention and reminded us about the dangers and costs of violating California Vehicle Code Sections 23152(a) and 23152(b).

Here are 9 eye-popping numbers:

1. 28,457 - the number of people hurt in accidents in CA in 2008, in which alcohol played a key role, according to the National Highway Traffic Safety Administration.

2. 1,029 - the number of people killed in “alcohol impaired motor vehicle fatalities” in CA in 2008. The only state with more alcohol auto fatalities in 2008 was Texas (1,269).

3. 214,811 - the number of DUI arrests made in 2008, according to the CHP.

4. 45 - the number of fatalities that occur every day on US roads during the Christmas season. 36 fatalities per day occur on average. 54 on average die on New Year’s Eve -- 40 percent of these fatalities involve alcohol in some capacity.

5. 2,500 -- The number of 2010 sobriety checkpoints that will be funded by the California Office of Traffic Safety.

6. 4/100,000 -- According to the National Highway Traffic Safety Administration FARS survey, this is the rate of alcohol-related driving fatalities per population nationally.

7. (way more than) 18 -- the number of celebrity Beverly Hills DUI arrests in 2009. For more on the celeb Los Angeles DUI arrests from January through June 2009, see our blog post from 12/16. For more on the July through December DUI arrests, see our blog post from 12/21.

8. 15-20 -- According to the NHTSA publication “Young Drivers” (2009), motor vehicle accidents are the number one cause of death for young adults age fifteen to twenty.

9. 380 -- according an NHTSA pamphlet called “alcohol impaired driving” (2008), drivers who operate vehicles with BACs of 0.15 percent or greater (it is illegal in California to drive with a BAC of 0.08%) are 380 times more likely to get into Los Angeles DUI crashes that result in death than are sober drivers.

To get effective and reliable help with your DUI charge -- whether it’s a minor misdemeanor Southern California DUI or a serious injury charge -- connect with a reliable lawyer today.

Continue reading "9 Eye-Popping Numbers regarding Southern California DUI in 2009" »

Underage DUI in Southern California is a rampant problem, according to numerous independent surveys. Campaigns to stamp it out often revolve around scaring young drivers about the dangers of alcohol abuse and imposing draconian consequences for violating the law. However, best practices for dealing with this dangerous community issue should be more nuanced and holistic. Here are some suggestions for how possibly to improve the system.

#1: Educate young people about California's zero-tolerance policy towards underage DUI.

California boasts a reputation as a "fun in the sun" state. But the DUI laws here are incredibly strict -- particularly as they relate to underage drivers. If you are younger than 21, and you're caught driving with a blood-alcohol concentration of just 0.01% or more -- the equivalent for many people of just a single glass of beer or a small serving of wine -- you can be hit with a DUI and suffer a driver's license suspension of a year or greater depending on circumstances. If your BAC level is over 0.05%, you can additionally be tagged with a regular Los Angeles DUI and subjected to penalties including court costs, probation, and fines. Kids who are learn about these strict laws may be less likely to violate them.

#2: Institute programs to reduce DUI incidences on or around colleges campuses.

Southern California is a driver's mecca. But without a car, college and university students may feel socially isolated and stranded. Thus, students often feel tremendous pressure to drive -- even when they know they're not supposed to. Even "good kids" at places like University of California at Los Angeles (UCLA), University of Southern California (USC), and UC Irvine often make bad mistakes just because they strive to be sociable. Better administrative planning and more diverse and abundant social options on campus (as opposed to off campus) should help. And both carrots and sticks could be tried. Campus disciplinary measures, such as curfews, regulations, restrictions on vehicles, and so forth could incentivize students to stay on campus and thus to avoid the partying-and-driving problem.

#3: Involve underage drivers themselves in the solution.

To beat the "underage DUI in Los Angeles" meme, we may need the active assistance of the underage driver community. Imposing rules on young adults and teenagers often backfires. After all, part of the modern American ritual of coming-of-age is rejecting authority and all its trappings. To solve the problem of underage drinking and driving under the influence, therefore, we may need to find ways to help peer groups self regulate. In other words, if groups can make it "uncool" to drive DUI in Los Angeles, we should likely see a vast reduction in incidences. The challenge is figuring out ways to get this to happen. How do we get peer groups en masse to reject certain dangerous and unacceptable behaviors? Obviously, social engineering on this scale can be difficult -- and it can backfire. But maybe a solution is to solicit the input of groups themselves. In other words, instead of imposing our ideas on young drivers -- i.e. lecturing them -- invite them into the process and have them offer proactive solutions and suggestions for mechanisms of enforcement.

#4: Provide good legal help to the kids who need it.

If you or a friend or family member (son or daughter) has been arrested for underage DUI in Burbank or elsewhere in Southern California, you may need a savvy attorney to develop a forward thinking strategy to protect your rights and limit damage to your pocketbook and future.

Continue reading "Four Ideas For Reducing Underage DUI in Southern California" »

Now that DUI season has arrived in Los Angeles and throughout Southern California, it is important for those who have been arrested to understand the DUI process. After the police pull someone over for a Southern California DUI, then the entire process will begin to unfold quickly and people need to know what their right's are and what is likely to happen.

These events are the same whether you are stopped for a DUI in Pasadena, or stopped for a DUI in Beverly Hills. Many people think that the officers do things differently depending on where they are stopped. This is most likely not true. A DUI in Glendale is treated the same as a Long Beach DUI.

The first thing that will occur is that police officer will pull you over for some reason. However, the reason must be based upon objective criteria and must comply with the law. In many cases that is either speeding or weaving back in forth or out of the lane of travel. That is called the probable cause for the stop. At that time the officer, if the person has been drinking, will smell alcohol on their breath and may ask a few questions. This is called the DUI detention.

The next event is that the officer will ask you to exit the vehicle and will ask a few more questions. These may concern whether you are taking any medicine, what and when you last ate, where were you drinking before you were pulled over.

After you answer those questions the officer most likely will instruct you to perform field sobriety tests. These are legal tests that assist the officer in making a determination whether you are driving under the influence of alcohol and whether the officer wants you to submit to a chemical test.

If the officer still is not sure if you are driving under the influence, then you may be asked to take a Preliminary Alcohol Screening Test (PAS Test). The test is offered by the officer. it is very important to know, that you are not obligated to take the PAS Test. The officer may attempt to trick you into thinking that you must, however, that is not the law and you have no duty to take that test.

If you take the PAS Test, and the read out is anywhere close to or over .08%, then you will automatically be arrested and taken to the station. As most people know, there are two components to the Los Angeles DUI arrest. First, is the person driving under the influence of alcohol or drugs in violation of 23152(a) of the California Vehicle Code, and secondly, is the person driving with a blood alcohol level of .08% or higher in violation of 23152(b) of the California Vehicle Code.

Once arrested, then the entire game changes. The next blog post will cover what happens after the arrest at the station and how you should proceed to minimize the harm that can occur to both your criminal record, and your ability to drive a motor vehicle in California

Continue reading "DUI Season Begins in Southern California" »

When most people talk about solutions to the problem of driving under the influence in Southern California, they discuss prosecution and penalties. However, as the adage goes, an ounce of prevention is worth a pound of cure. It's a plausible hypothesis that, if we can collectively improve and manage driver behavior, we could dramatically slash accident rates and road fatalities far more effectively than we do now with our system that is heavy on "sticks" and light on "carrots."

With that theory in mind, let's examine some numbers put out by organizations like the National Highway Traffic Safety Administration, AAA, and the Insurance Institute for Highway Safety to determine the most dangerous (and safest) times and circumstances for driving.

Before we delve into the numbers, understand that accident statistics can often mislead. For instance, the Insurance Institute for Highway Safety reported that, in 2007, more than 14,000 people died during the afternoon rush hour (from 5 PM to 7 PM). If you only heard that statistic -- and took it out of context -- you might be wary of driving at all during rush hour. However, it turns out that rush hour is relatively safe -- at least compared with the hours of midnight to 3 AM. Although the number of fatalities during the early morning hours is lower, the percentage of accidents that occur during this time is much higher. This is because, during the wee hours of the morning, the roads empty out, leaving a much higher percentage of drivers who are DUI, tired, distracted, and so forth.

NHTSA statistics show that the midnight-to-3 AM shift is 10 times more deadly then is the 6 AM to 6 PM shift. Your risk increases even more if you drive between midnight and 3 AM on Saturday and Sunday mornings -- when many people leave bars, clubs, and parties with higher than normal blood alcohol levels.

Statistics also belie some of our other intuitions. January and February are safer months than August and October, for instance -- even though January and February are winter months and thus have worse weather. School buses -- which do not have seat belts -- appear to be safer than automobiles and trucks, which DO have seatbelts. Driving a motorcycle is far more dangerous than most people realize. Wednesday is the safest day to drive, while Sunday mornings are the most dangerous. Young male drivers between the ages of 16 and 24 are around four times as likely to die in automobile crashes than average. The day after a snowfall is particularly hazardous, according to research from the University of California Berkeley, which found that fatality rates spike by 14% on the day after a big snowstorm.

To sum up, an array of factors contributes to driving danger/safety, including:

* time of day (day or night)
* weather conditions
* driver distractibility (cell phones, texting and radio in the car)
* fatigue
* locality (city, suburb, country - e.g. Burbank may have different danger-times and zones than Long Beach)
* vehicle upkeep
* road upkeep
* macroscopic social trends, particularly trends that reflect on your age/demographic group
* whether or not you or another driver consumed certain foods, alcohol, narcotics, or medications
* your level of stress
* so on and so forth

With all these factors at play, if you're arrested for DUI with injury in Southern California, you may need an agile and astute attorney to develop a battle plan. The California Vehicle Code Sections 23152(a) and 23152(b) stipulate severe punishments for drivers who hurt other people while operating a motor vehicle with a BAC level of 0.08% or more. Punishments can depend on factors like how many people you hurt, how seriously you hurt them, whether you violated any traffic laws, and whether or not another party or parties could be partially responsible for the accident.

For help distilling a plausible and strategic approach to your defense, connect with Attorney Michael Kraut of the Kraut Law Group ASAP. As a Harvard Law School educated former LA Deputy District Attorney, Attorney Kraut has the experience, street smarts and intellect to build an aggressive defense for you.

Continue reading "When is the safest time to drive? When is the most dangerous time to drive? And how can you avoid encountering drivers who are driving under the influence in Los Angeles?" »

California laws appear to be getting more harsh for those charged with Southern California DUIs. Legislators in recent months have begun to amass together to bring sweeping changes to the existing DUI laws. As of today, the laws are fairly straight forward. Los Angeles DUI defense Attorneys who are former prosecutors, and have trained law enforcement officers, are well versed in the penalties in DUI cases. The DUI defense attorney who who almost exclusively handle DUI cases are often in the best position to ensure that these penalties do not fall on their clients' shoulders. Those charged and convicted with a first time Los Angeles DUI can expect the following to occur:

1. Driver's License suspended for 4 months.
2. Must enroll in a 3 month DUI alcohol awareness program.
3. Pay huge court fines.
4. Receive a criminal record.
5. Be placed on probation for a period of at least two years.
6. Have a public record of conviction.
7. Mandatory jail sentence.
8. Sky rocketing insurance rates.

Because these penalties are so sever, it is always recommended that if a person is stopped and arrested for a Los Angeles DUI, that they immediately hire a pre-filing DUI defense attorney. Often times the criminal defense attorney is able to raise legal questions so that charges are either reduced or in some cases fully dismissed.

Those charged with a second time DUI have significantly higher penalties. A second time DUI is determined by a person having been convicted of a DUI sometime within the last 10 years before the most recent DUI. The penalties include the following:

1. Mandatory jail sentence of between 4 and 10 days and a maximum of 6 months in county jail.
2. Dui alcohol school that lasts 18 months at a minimum or a maximum of 30 months.
3. Driver's license suspended for 2 years.
4. Court can mandate formal probation.
5. Court may order a DUI interlock device. This device will need to be blown into before your car can start. While this may not seem that inappropriate, if your job requires you to drive at all, you may likely be fired.
6. Huge fines from the court.
7. Loss of car insurance or significantly increased fines.

While these penalties are sever, Sacramento legislators are considering apply the Three Strikes Law to driving under the influence cases, making the penalties even harsher. The law makers are publicly upset about cases in which people have been convicted of eight or nine separate DUIs are still able to get back behind the wheel after their sentence is complete.

The most recent statistics from the California Department of Motor Vehicles indicate that almost 1,500 people were killed in DUI related deaths in 2007. In addition to those killed, well over 30,000 people were injured in DUI accidents during the same time period.

Statistics from 2006 point to an alarming increase in the rise of Los Angeles DUIs, as well as driving under the influence cases throughout Southern California and the rest of the State. The State reports in excess of 5,000 drivers had amassed four DUI conviction within the last 10 years.

Based upon these statistics, law makes are talking about instituting a Three Strikes type law which would permanently take these repeat offenders off the roadways. Tougher DUI laws are already being enacted. Beginning next year, first time DUI offenders In Los Angeles who are convicted of either Driving under the Influence of Alcohol or drugs in violation of CVC 23152(a) or of having a blood alcohol level in excess of of .08% in violation of CVC 23152(b), will have to have a ignition interlock device installed on any vehicle they drive.

Continue reading "California Legislators Begin to Call for DUI Convictions To Fall Under Three Strikes Laws" »

Most people remember Mel Gibson's 2006 ranting anti-semitic remarks during his Los Angeles DUI arrest. After pleading guilty early in the proceedings, he was convicted of driving under the influence. Since that time. Mr. Gibson plead guilty, paid all of fines, and successfully completing his Los Angeles DUI education course.

Recently, his Los Angeles DUI defense attorney filed a motion to expunge his criminal record. The law allows a person to file a complicated motion to remove their criminal record once they have successfully completed all of the terms of probation.

A California expungement actually creates a situation in which the previous guilty judgment that resulted in a criminal record, is withdrawn, and the case is dismissed.

California allows expungements in cases in which a person was not sentenced to prison or given a suspended prison sentence. If all the terms of probation are completed in a successful manner, then a Los Angeles expungement attorney can file and argue the motion.

If the court grants the motion then the person can honestly say that they have not been convicted of a crime. However, there are some consequences that remain even though the person's record is cleaned. The conviction will still be used as a prior if the person is convicted of another offense. In terms of Mel Gibson, while his conviction was withdrawn and the case was dismissed, if he is charged with another Los Angeles DUI within 10 years, then the previous conviction will be used to enhance his punishment.

Continue reading "Mel Gibson's Los Angeles DUI Arrest Expunged" »

The California Supreme Court has given the go ahead to Los Angeles DUI defense attorneys to question the reliability of breathalyzers used in Southern California DUI arrests. The case, California v. Neal, was decided by the justices. This new ruling now allows top notch Los Angeles criminal defense attorneys to question the actual reliability of this test. For too long the common breathalyzer has been seen to be pretty much infallible by courts. This new ruling will allow the jury to hear from experts presented by the defense which will raise doubts as to the validity of the test.

Upon arrest, most police agencies take the Los Angeles DUI suspect to a police station and require a sample of either blood or breath. Now, the breath test results can be aggressively attacked.

It is extremely important if you are arrested in Southern California for driving under the influence that you immediately hire a pre-filing DUI defense attorney. That attorney can bring facts to the attention of the prosecutor which may lessen the potential charges. After the Supreme Court's decision, a Pasadena DUI which resulted from a breathalyzer test can be attacked by an attorney.

Continue reading "California Supreme Court Now Allows Los Angeles DUI Defense Attorneys to Contest the Validity of a Breathalyzer" »

Actor Shia LaBeouf has much to crow about these days. His latest movie, Transformers 2, performed surprisingly well at the box office, notwithstanding its mixed critical reception. That said, the 23 year-old has some serious transportation problems stemming from his arrest last year for driving under the influence in Los Angeles. As recent paparazzi photos of LaBeouf strolling outside his gym attest, the actor cannot legally drive due to a court-enforced probation.

Nearly a year ago to date, LaBeouf got arrested for Southern California DUI after he turned his Ford pickup truck into oncoming traffic and struck another car. LaBeouf’s truck flipped over twice, and both his female passenger and the woman he hit sustained minor injuries. Fortunately, no one was seriously hurt in the crash. LaBeouf managed to get off with only a misdemeanor charge - a lucky break.

After all, as an experienced Southern California DUI defense attorney might explain, according to California Vehicle Codes § 23152 (a) and 23153 (b), individuals who injure others while driving with a BAC of 0.08% or above can be charged with a felony. In fact, had any of LaBeouf's victims suffered “great bodily injury,” the actor could have faced three years in prison or more depending on the severity of the injury.

Continue reading "Transformers 2 Star Still on Probation for his 2008 Los Angeles DUI Arrest" »

On July 3, 2009, former WNBA Rookie of the Year Diana Taurasi was pulled over for allegedly driving under the influence in Phoenix. The Chino, California native plays for the Phoenix Mercury WNBA team. Prior to her arrest, she had never been charged with DUI in Southern California or Arizona.

Taurasi's long and illustrious basketball career dates back to 2001, when she led the US Junior Olympics team to a bronze medal. In the 2004 Athens Olympics, she helped the Americans triumph over the Australians in the finals and secure gold medals for the U.S. squad. On the night prior to her arrest, Taurasi scored 22 points against the Seattle Storm and led the Mercury to a 12 point win (93-81) against their league rivals. Several hours after this victory, however, a police officer spotted Taurasi recklessly cruising the Phoenix, Arizona streets and pulled her over. According to reports, the officer noted that the suspect failed field sobriety tests and smelled strongly of alcohol. Had a competent Los Angeles DUI defense attorney been advising the WNBA star, he or she might have counseled Taurasi to cooperate better with law enforcement.

Since punishment for Los Angeles DUI can be so severe, defendants should understand the criteria by which officers evaluate DUI suspects. So-called "objective" symptoms of DUI can include: poor motor control; reckless or negligent driving; incoherent speech; smell of alcohol on the breath; fumbling and stumbling; non-sequitur storytelling; and slow reaction times.

The problem with judging Southern California DUI suspects based on the above criteria is that different individuals manifest different physiological and behavioral reactions to alcohol. A very tall woman like Taurasi, for instance, might process alcohol at a faster rate than might a shorter woman. Height, weight, metabolic predispositions, medications, and emotional state can all influence behavior.

Given how many variables can be at play in even seemingly straightforward Los Angeles DUI cases, defendants are well advised to connect with reliable legal representation. The Law Offices of Michael Kraut can provide uniquely effective services. Since Mike has had experience prosecuting suspects as well as defending them, he understands how prosecutors think and operate and can use this knowledge to develop practical solutions.

Continue reading "Gold Medal Winning Olympian Arrested after Big Win -- May Need Help from Arizona or Southern California DUI Defense Attorney" »

July 4th has always been a priority for law enforcement looking to bust people for a Southern California DUI. This year was no different then any other. In El Segundo, a suburb of Los Angeles, there was a DUI check point which caught Joyce Dewitt. As she approached the Los Angeles DUI check point, an officer smelled alcohol on her breathe and she was given field sobriety tests which she failed. Dewitt was arrested, posted bail and then was released.

Now that she is out of jail it is crucial that she immediately hire a pre-filing Los Angeles DUI defense attorney. The reason she this is so important is because when the prosecutor looks at the reports and has to make filing decisions, the reports that are read are only those written by the police. A former prosecutor that now practices Los Angeles DUI defense, can intercede on your behalf. Then the prosecutor has both sides of the story to review before any filing considerations are made.

The results, if a Southern California DUI is filed, can be disastrous. I first time DUI can result in a jail sentence as long as 6 months, huge fines, a suspension of your driver's license, and an alcohol education course that is not only expensive, but very time consuming.

Continue reading "Three's Company Star Joyce Dewitt Busted for a Los Angeles DUI" »

Superstar Michael Jackson and Actress Farrah Fawcett both died today, June 25, 2009. Both of these superstars had repeated run in with the law. Fawcett was arrested for a Los Angeles DUI case that involved driving under the influence of drugs in Southern California.

Facts showed that she was seen driving in an erratic manner that gave police suspicion to arrest her. Her Los Angeles DUI defense attorney was able to work on the case in an aggressive manner that resulted in a very advantageous deal.

It is with great sadness that she died after a very long and public battle with cancer. Her family and loved ones were present with her when she passed.

The second death reported today was that of Michael Jackson. The pop star who had repeatedly fought charges of child molestation and other charges, died of an apparent heart attack at the home that was being rented for him. He was at home preparing for a 50 concert series in London.

It is being reported that Michael Jackson was fighting off a Los Angeles drug crime addition to prescription drugs. He was fighting this addiction for many years and passed away at home. Firefighters worked for over an hour to revive him. While all efforts were made to assist him, Jackson never regained conscious.

Continue reading "Los Angeles Loses Michael Jackson and Farrah Fawcett " »

The DUI manslaughter case of Donte Stallworth ended this week with a surprise. The famous football player plead to a DUI manslaughter charge after he hit and killed a pedestrian in Miami on March 14 of this year. Stallworth was driving his Bentley with a blood alcohol level of .126, almost twice the legal limit. The legal limit in Miami for a DUI is the same as for a Los Angeles DUI, .08 by weight.

According to news result, Stallworth had been drinking and then ended up driving down the street when 59-year-old Mario Reyes jumped out between two parked cars trying to cross the street to get to a bus.

Most people were outraged by the low jail sentence of 30 days plus two years of house arrest. However, his pre-filing DUI defense attorney most likely made the difference in this case. By intervening early on his behalf, Stallworth was able to have his DUI attorney raise legal questions that may of given prosecutors pause in deciding how hard to fight this case.

In order for the prosecution to prove that Stallworth was driving under the influence, the District Attorney would need to prove beyond a reasonable doubt the following: 1) that he was driving with a high blood alcohol level, and 2) that while driving he committed an illegal act. Most Los Angeles DUI cases are proven when the driver crosses over the double yellow line, hits a parked car, or runs a red light. The very act of committing one of these violations is direct evidence of driving under the influence. Because the victim in the Stallworth case jumped into traffic, he might have contributed to his death and even a sober person might have hit him. Therefore, there were proof problems in the case and the prosecution decided to plead the case out for little jail time. Stallworth also paid the family of the victim for their loss and that also helped his case.

Continue reading "Donte Stallworth Gets 30 Days for DUI Death Case" »

Los Angeles DUI arrests are on the rise. While the economy is undergoing some serious setbacks, law enforcement is pursuing Southern California drunk drivers with fierce vigor. If you have been stopped and arrested for a DUI, then it is very important to immediately contact a Los Angeles DUI defense attorney. A pre-filing DUI attorney may be able to assist you in contacting law enforcement or the prosecution to tell you side of the story, prior to a case being filed against you.

Over the next few blog entries, the Los Angeles DUI process will be examined in detail. First is the DUI arrest

TRAFFIC STOP AND DUI CHECKPOINT

Usually, the entire DUI process in Los Angeles or Southern California begins when one of two events occurs. Either when a person is pulled over for a traffic violation or when a person enters a DUI checkpoint. By far, the most common beginning of the DUI process occurs when the officer pulls the suspect over for a traffic violation. The violation most often is either running a stop sign or light, weaving between lanes, speeding or allowing for a simple defect to the vehicle. At this time, the officer will state that he or she noticed what is called the objective symptoms of intoxication. These symptoms include slurred speech, watery eyes and the smell of alcohol on the suspect's breath. If you are stopped by the police for a DUI in Los Angeles, please call attorney Michael Kraut for a free consultation.

In the last several years, police agencies have begun to use DUI checkpoints as another process to catch people driving under the influence of alcohol and drugs. Like all new legal processes, DUI checkpoints have gone through many legal challenges and are strictly controlled. If the police do not adhere to the strict standards established by the United States Supreme Court and the Supreme Court of California, then an experienced criminal defense attorney will be able to attack the validity of the stop. If the stop is illegal, then all of the evidence is thrown out of court and the prosecution may not proceed with the case and charges will be dismissed.

The police may not do whatever they wish to pull over drivers to conduct DUI checks. The limitations on the police by the courts are very limiting to law enforcement. The procedures are set forth as follows:

1. The supervisors of the police must make the determination for when and where the checkpoint will be set up.
2. The police officers operating the DUI checkpoint must adhere to strict standards established. A clear policy must exist that directs officers in the field with exactly how and when to stop vehicles.
3. The Supreme Court states that there must be numerous safeguards in the checkpoint. There must be warning signs prior to entering the checkpoint, there must be proper lighting and there must be police vehicles that are clearly identifiable at the checkpoint.
4. The checkpoint must be located at a reasonable spot.
5. The time of the traffic stop must be limited, so as to not create traffic problems. Most checkpoints are late at night on side roads.
6. The warning signs at the checkpoint must be clear and create a visible indication of the proper authority that any stop is authorized.
7. The detention at the checkpoint, if any, must be limited in duration so that the length of the intrusion on the driver is minimal and the safety of the driver, as well as other motorists, is not jeopardized by traffic jams.
8. The courts have indicated that, while not a requirement, the checkpoints should be publicized in advance.

Continue reading "Los Angeles DUI and Southern Califoria driving while intoxicated arrests are on the rise" »

Rookie Los Angeles Angels pitcher Nick Adenhart was killed on April 9, 2009 in the early morning hours by a motorist who was driving under the influence of alcohol in Southern California. Adenhart and two other people were killed in Fullerton, California, a suburb of Los Angeles, when a drunk driver broadsided their car. The driver of the Mitsubishi with Adenhart was 20-year-old Courtney Stewart, a student at California State University at Fullerton. The third person killed in that same car was Henry Pearson, a 25-year-old law student who some day wished to be a sports agent. Gallo, so far, has not hired a pre-filing Los Angeles DUI defense attorney who can begin to review the evidence against him and talk to the District Attorney's Office about alternative charges.

The driver, Andrew Gallo, 22, of San Bernardino ran the red light in the minivan he was driving. according to police sources. This was not Gallo's first Southern California DUI. Three years ago he was arrested and convicted of driving under the influence. At the time of this accident, Gallo was still on probation for his 2006 San Bernardino DUI. In addition, he was driving on a suspended license. He was caught fleeing on foot 30 minutes after the accident running on the shoulder of the 91 freeway.

The early morning crash happened when Gallo drove through a red light with three times the legal limit of alcohol in his blood. He broadsided the car that Adenhart was in, instantly killing the female driver and one of the passengers. Adenhart and another young man in the car were rushed to the hospital. Adenhart died on the operating table, the lone survivor is in stable condition after undergoing four different surgeries.

The Orange County District Attorney's Office announced that the 22-year-old Gallo would face three murder counts, one felony count for leaving the scene of an accident involving death or permanent injury, one count of felony DUI with injury, hit and run for leaving the scene of the accident, and a felony count of driving under the influence of alcohol with a blood alcohol level of .08 percent blood causing injury. The total number of years that Gallo can be imprisoned is 55 years to life. California allows for a murder charge to be filed by the prosecution in cases in which the driver drove with conscious disregard of the dangers and someone was killed as a result of an illegal act. This is called a Watson Murder.

Continue reading "Los Angeles Angels Pitcher Nick Adenhart Killed In Hit And Run DUI Near Los Angeles" »

Los Angeles DUIs seem to be on the increase in the sports world. Zach Randolph of the Los Angeles Clippers was arrested in Southern California after he was observed swerving on the 405 highway. He was released on $5,000.00 bond and will have to appear in court to face charges at a later date. The consequences of his DUI could result in the lose of his job. Most sports franchises have a "moral clause" which allows management to fine or terminate a player for poor choices including a Los Angeles DUI.

While most people don't have to worry about a morals clause and the potential of loosing a multi-million dollar contract, they do have to worry about loosing their jobs due to a DUI. For that reason it is important to hire a Los Angeles DUI defense attorney as soon there is an arrest for driving under the influence in Southern California.

Modern technology and computers have increased an employer's ability to locate a DUI conviction. The result can be either an immediate termination or a refusal to hire. Because of those tough job actions, people need to fight their DUI cases more then ever. An excellent DUI defense attorney can make the difference between a conviction, and the prosecution having to dismiss the charges because they cannot prove the case.

Continue reading "Los Angeles Clippers Forward Zach Randolph arrested for DUI in Los Angeles" »

Driving under the influence arrests are significantly on the increase during the past year. In this troubled economy city and State budgets are being balanced on the backs of both the young and old who drink and drive. For that reason it is important that the first thing to do after an arrest is to immediately contact a Los Angeles DUI defense attorney who handles driving under the influence cases in Southern California.

The risks to career, paycheck, bank account and harm to the future by having a criminal records are immense. Often times DUI arrestees believe that a well trained Los Angeles DUI defense attorney costs money. But the truth is, failing to hire an attorney could result in more sever costs in the long run. For example, if your DUI defense attorney is able to lower the charges and plead your case down to a "wet reckless", the fines are significantly lower then a full DUI. The alcohol awareness course is shorter in duration, thus saving you more money, and in many cases your insurance premium may not go sky high. Thereby, your Los Angeles DUI defense attorney may have paid for himself by the reduced fines and costs.

Continue reading "Los Angeles DUI arrests are on the rise in Southern California" »

A Los Angeles judge allowed a Hermosa firefighter to return to work after he reversed a Civil Service Commission ruling. The judge found that Sheldon Osekowsky, a 22 year veteran firefighter, was improperly fired a Southern California DUI. In 2006 he had been arrested and plead guilty to driving under the influence, a criminal charge. At that time his license was suspended for a year and the Fire Department removed him his position as a driver of fire equipment. After 10 months in a different position at the Hermosa Fire Department, he was summarily fired.

Osekowsky fought the decision all the way through the Los Angeles Civil Service Commission. The Commission ruled against the fireman. It was not clear if the fireman attempted to fight his charges with a Los Angeles or Southern California DUI defense attorney. A well trained Los Angeles DUI attorney can attack the evidence and procedures used by law enforcement. In some cases, fighting the charges can result in a not guilty finding. In many cases,if a person is found not guilty of the DUI charges, he or she will not result in a person loosing their job, pension, driver's license, and not having to pay the huge fines and fees that are mandated by the courts.

The case was then taken to Superior Court where Judge James Chalfant reversed the Commission's ruling and reinstated the fireman. The case then went back to the Commission to decide what punishment, short of termination, was going to be imposed. The Commission may impose a 30 day suspension.

Continue reading "Hermosa Beach DUI By Fireman Results In Reversal Of Job Loss" »

The judge in the Lindsay Lohan Southern California DUI case was given incorrect information resulting in an arrest warrant for her arrest. Judge Marsha Revel was not given all of the information when she signed the warrant. The Los Angeles DUI defense attorney immediately went into court and corrected the error.

When a person is arrested and convicted for driving under the influence in Southern California (DUI), they will be placed on probation for a period of between 3 and 5 years. During that time person will need to comply will all of the strict terms and conditions. If there is a violation, then the person could serve up to 6 months in jail. Judges usually do not impose the full amount of jail time until there are so many violations that they give up on the Los Angeles DUI suspect.

Lohan's DUI problems began back in May, 2007, when she was pulled over and arrested for her second Beverly Hills DUI. Along witht he DUI arrest, she was also charged with cocaine possession. That charge is a felony, but for a first time offender a top notch drug defense attorney will usually be able to get their clients into a formal drug diversion program.

Continue reading "Lindsay Lohan's Los Angeles DUI Arrest Warrant Quashed By The Beverly Hills Judge" »

This past Friday the famous former football player-turned-actor Brian Bosworth was arrested for a DUI in Los Angeles. He was charged with two misdemeanors. Each count has a penalty of 6 months in jail and a number of other consequences. It was important that once he was arrested with a Los Angeles DUI, he needed to call his Los Angeles DUI defense attorney Michael Kraut.

It is the job of a top notch Southern California DUI defense attorney to attack the evidence that may be amassed against the DUI suspect. Many people do not realize that a first time Los Angeles DUI can have devastating effects. There are many people who think hiring a Southern California DUI defense attorney is not going to help. But of the consequences of jail time, huge fines of over $1000.00 plus penalty assessments, and suspension of a driver's license, can have ruin a person's life. In this tough economic times, a good Los Angeles DUI defense attorney can make the difference between a person going to jail and loosing their job, and being found not guilty of the charges. In addition to the above named consequences, a person convicted of these DUI charges can expect to have to enroll in a very expensive alcohol education class, probation for 3 years and sky high insurance rates. When one looks at the real financial consequences of a DUI, a Los Angeles DUI defense attorney can more then pay for their services in time and money saved.n custody, with a maximum 6 months in jail.

The evidence can be fought based upon the breath machine being faulty or out of calibration, the officer's personal biases, failure to comply with policies or proce,dures, mistakes in the police reports and other evidence problems.

Continue reading "NFL Star Player Brian Bosworth Arrested For DUI In Los Angeles Neighborhood of Hollywood" »

Super star actor Shia LaBoef was previously arrested for a DUI in Southern California in July of 2008. He immediately hired a pre-filing Los Angeles DUI criminal defense attorney who was able to meet with local law enforcement and prosecutors. These actions by his Southern California criminal defense attorney benefited the Transformers star. After initially stating that he would face DUI charges, the Los Angeles Sheriff's Department stated that there was insufficient evidence to file criminal charges.

However, the California Department of Motor Vehicles still had jurisdiction to take action against his driver's license pursuant to Vehicle Code Section 133532. Because he refused to take a breathalyzer test, the DMV filed a Los Angeles DUI refusal charge and his license was suspended for one year.

Many people do not know that when the the police have a reasonable suspension that a crime has been committed and that there was a DUI for drugs or a DUI because alcohol might have been involved they may demand that you take a chemical test to determine if you were under the influence at the time you were driving.

If you refuse, then the DMV will suspend your license for one year. There is no possibility for a restricted license. It dos not matter if the prosecutor decides that there is not enough evidence to file criminal charges, the DMV still will suspend your license. A Los Angeles DUI defense attorney from the Kraut Law Group may be able to attack the refusal on several grounds. If, after a hearing , the DMV believes that in fact there was not a "valid" refusal, then your license will not be suspended. It is very important to immediately hire a Southern California DUI defense attorney who practices Los Angeles DUI, Pasadena DUI, and San Fernando Valley DUI law. There are complicated motions that can be filed that may protect your license. Some people thing that a private DUI attorney may cost a lot. However, in many cases, the cost of the private Los Angeles DUI attorney will be offset by the money saved by winning your case. Even a reduction of fees and costs or a plea to a lesser charge will more then pay for the attorney in money saved.

Continue reading "Shia LaBoef Looses Driver's License After Los Angeles DUI" »

As we see the beginning of a new President and Vice President for the United States, we will most likely see a new beginning for criminal prosecutions for Los Angeles DUIs and Southern California criminal law.

Already the new administration has claimed that there will be a clamp down on crime. The local administrations have also claimed that they will vigorously prosecute even minor offenses. It will not matter if you are arrested for a Los Angeles DUI, a Long Beach crime, a San Fernando robbery, or a Pasadena DUI, the police will be trying to enforce the law to the fullest. For that reason, it is important to hire a Los Angeles criminal defense attorney who has the experience and knowledge to defend you.

The new emphasis on punishment for minor offenses is going to put regular citizens in a bad position. In the past, judges and prosecutors understood that there is a clear difference between people who are law abiding but who make a mistake, and those who a repeat offenders. Now, even minor offenses are going to punished more severely.

As a former prosecutor, Los Angeles criminal defense attorney Michael Kraut, handles criminal matters in the Los Angeles and throughout Southern California. His Harvard Law School training and over 14 years experience as a senior trial prosecutor has put Mr. Kraut in a unique position to defend individuals arrested and charged with Los Angeles based crimes.

If you have been arrested or charged with a crime and or you need to hire a Los Angeles pre-filing defense attorney or you are under investigation for violent crime in Southern California, please contact Los Angeles criminal defense attorney Michael Kraut for 24/7 assistance by phone at (323) 464-6453 or toll free at (888) 334-6344 or online.

Heather Locklear had her DUI case dismissed after her Southern California DUI attorney was able to have the case reduced to reckless driving. Because her case was reduced from a DUI pursuant to California Vehicle Code Section 23152(a) and 23152(b), to a simple reckless driving, Ms. Locklear will not have to pay the more serious fines and court costs associated with the DUI charge. Instead, she will have to merely pay $700 in fines for the misdemeanor crime. She was also ordered to take a 12-hour drug education course.

Locklear was arrested last September for driving under the influence of prescription drugs. She was observed by a private citizen driving in an awkward manner. The woman called the police and the Melrose place actress was arrested for DUI.

Most people do not know that it is a crime in Los Angeles and throughout California to drive under the influence of any drug. The crime is driving under the influence of a drug, it does not matter whether the drug is an illegal narcotic, medical marijuana or a valid prescription drug.

When a person is arrested for a DUI because of having an blood alcohol content over .08 then the DMV will automatically suspend your driver's license. However, if you are arrested for driving under the influence of drugs then the DMV will not automatically suspend your driver's license. They will wait until the court proceedings are completed. If you are convicted of a DUI drug crime, then the DMV will take action against your license.

Continue reading "Heather Locklear's Los Angeles DUI dismissed" »

Basketball great Charles Barkley is going off the air after he is arrested for a DUI. While he was arrested in Scottsdale, Arizona, the legal limit for DUI is the same there as it is for a Los Angeles and Southern California DUI, .08 percent blood alcohol.

For personal reasons Barkley will be taking a leave of absence from sports announcing for at least several weeks,so that he can work on his personal problems resulting from the December 31st arrest.

TNT made the announcement only hours after the famous sports announcer was pulled over for a DUI. He failed his field sobriety tests after he was asked to step out of his car. Once he failed the tests he was then formally arrested and charged with DUI. According to reports, Barkley had been drinking at a local popular night spot and was pulled over as part of a DUI task force. Once he was taken to the police station he agreed to a breath test which indicated that he had a blood alcohol level (BAC) of .149 at the time he was driving, almost twice the legal limit of .08 in Arizona.

The consequences for a Los Angeles DUI or a DUI in Southern California can have major effects on a person's life. It is important that a person stopped for a DUI their rights. That means when a person can resuse a breath test and when they cannot.

Continue reading "Charles Barkley Is Off the Air After He Gets A DUI, Now He Must Be Careful Due To The Severe Penalites Resulting From A Drunk Driving Conviction" »

In March of 2008 Thomas Jane, the actor married to "Medium" star Patricia Arquette, was arrested for a DUI in Los Angeles. This news was kept fairly quite because he hired a Los Angeles DUI defense attorney who knew how to manage both the Southern California DUI case, as well as the publicity that sometimes follows a celebrity crime arrest.

By hiring a pre-filing criminal defense attorney in Southern California you can increase your chances of successfully fighting your case. A Los Angeles DUI defense attorney, the actor is able to have his interests represented in an aggressive and sensitive manner.

The reason that anyone arrested for Southern California DUI should hire a Los Angeles DUI defense attorney is because the penalties are so severe in California. Even first time DUI convictions result in a jail sentence, a license suspension, a mandatory alcohol education course, huge fine to both the court and the alcohol programs. The person will also be on probation for a period of three years. During that probation period, if a Los Angeles DUI person is charged with another offense, then the court, on motion from of the prosecutor or the judge on its own motion, can institute a probation violation.

A probation violation does not require that a person is convicted of a new offense. Merely that they have violated the strict terms of probation. This can be used to revoke the probation and the person can face serious jail time. The court could even impose a full year in jail.

Continue reading "Patricia Arquette's husband, Thomas Jane, arrested for DUI in Los Angeles" »

I want to wish everyone in the Los Angeles and Southern California area who reads or is redirected to this Los Angeles and Southern California Criminal Defense Blog a Merry Christmas and Happy Hanukkah. This blog is now six months old and I am pleased that it seems to have helped so many people. I have received many comments from people around the area that they have been helped by the information here.

In an attempt to wrap it up for the year I want to make sure that people are safe for this holiday season. I also want those people people who get into a Los Angeles DUI that if they should be stopped by the police in at a Southern California DUI checkpoint, or by Los Angeles law enforcement, that a Los Angeles DUI defense attorney is available 24/7 to assist if you or a loved one.

Because Southern California DUIs are taken so seriously, you need to know your rights and responsibilities. Remember you do not need to take the Los Angeles Law Enforcement PAS test in the field. If you are stopped by the police make sure to be polite. If they ask you to take the Los Angeles field sobriety tests you must comply. But if they ask or demand that you take a PAS test you are allowed to refuse. It is the recommendation of this Los Angeles DUI defense attorney to refuse this test. It can only be used against you. If you blow a significant BAC then you will be arrested. If you are taken to the police station you will be offered a choice of the breath or blood test. The choice is yours. But try to delay the test as long as possible. The law requires that the blood test must be taken with a specific time. If it is not done within the allotted time then the results will be thrown out in court.

Continue reading "Christmas and Holiday Wishes From Los Angeles and Southern California" »

2008 is almost over and the star studded, celebrity crimes including Los Angeles DUIs, Southern California drug possessions, and other movie star crimes is in its final countdown for the year end.

In Los Angeles, celebrities not only entertain us in the movies, on TV and in theaters, but also on the nightly news. Just as there is a countdown to the top music hits and movies for the year, so do we countdown the top celebrity crimes and sex scandals.

A brief summary of those crimes are as follows:

Britney Spears, Paris Hilton and Lindsay Lohan have been the top eye catchers this year. Jail time, rehab time, and parenting counseling have led all stars to the front line of the blogging circuit. All have found themselves in the Los Angeles DUI headines being represented by top notch Los Angeles and Southern California DUI criminal defense attorneys.

Amy Winehouse may have won 5 Grammys this year, but she will always be remembered for her drug induced behavior including smoking crack cocaine and becoming thinner then anyone could possibly believe. Once again she attempted to find her way to rehab only to try, try again.

Actor David Duchovny made the news this year for his sex scandal followed by a confession that he was entering rehab to avoid falling into a hole of sex addiction. While Los Angeles sex crimes are waning in the last year, celebrity sex scandals are hitting an all time high. The role that Duchovny plays in his Emmy nominated role as sex-obsessed writer Hank Moody in Showtime's Californication, is eerily similar to his real life confessions. Oddly enough, he will be back again this year playing the same role on screen he is trying to vex from his system in his personal life.

Madonna did not escape the year of controversy when she was rumored to have a sex affair with the Yankee star Alex Rodriquez. This might not have seemed to be such a wild story but it was soon followed up by behind the scene statements that she and her husband of many years, Guy Richie, were breaking up.

Continue reading "Celebrity Crime and Show Business Meltdowns in Los Angeles Almost Done for 2008" »

The number of expungements being granted in Los Angeles and Southern California has significantly risen in recent years. Expungement is a legal word for cleaning up a criminal record. It appears that people charged with a Los Angeles DUI or other crime are now filing requests for expungements pursuant to Penal Code 1203.4 at a much higher rate then they have in the past. Why you might ask? Well in the past, criminal defendants were punished by the court and their criminal records became a part of who the person was from that time forward. Now-a-days, good upstanding people who had one or two convictions want to remain productive and not allow a conviction to ruin their life.

California courts have taken a new approach in handling these matters. The judges seem to realize that those people previously charged with a crime and having completed probation successfully are rehabilitated enough to clean up their criminal records.

If you wish to have your criminal record expunged, then you should contact a Los Angeles expungement lawyer. You will need to make sure that the attorney has experience in filing these motions and arguing them before a court. Often times the District Attorney in the courtroom will object to the expungement and it will take a capable lawyer to make the necessary legal arguments to convince a judge that you deserve the clearing of your record.

Continue reading "Expungements in Los Angeles on the Increase" »

While Britney Spears is having a great time traveling around Los Angeles and Southern California, he first husband, Jason Alexander, has been sentenced to jail time for a probation violation in his Los Angeles DUI case. He was represented by a Los Angeles and Southern California DUI defense attorney, who reached a great plea bargain in the case. However, Mr. Alexander did not comply with the terms of probation and now he has been sentenced to jail time.

You may remember Jason was the young man from her home town that Britney married in Las Vegas for a grand total of 55 hours in 2004. Pressure from the world led to a quick divorce for the two, but not before Mr. Alexander became world famous over night.

In 2006, Jason Alexander was stopped for a DUI investigation in Los Angeles and later pled guilty, and was placed on probation with strict terms and conditions. The 27 year-old was sentenced to 10 days of jail time for failing to attend 2 court ordered meetings at the Los Angeles County Morgue as part of his DUI conviction.

Along with his other terms of probation, Jason was also ordered to take alcohol education classes. Mr. Alexander will be back in court on February 2, 2009 to see the judge again.

Continue reading "Britney Spears Husband in Jail for Probabtion Violation on Los Angeles DUI case" »

An Academy Award winning screenwriter was criminally charged with the DUI death in near Los Angeles. Roger Avary, the writer of "Pulp Fiction" was charged with manslaughter in the death that resulted from his Southern California DUI almost a year ago.

After completing a full and thorough investigation of all of the facts, law enforcement charged the Ojai resident. Avary pled not guilty to the charges of vehicular manslaughter. The Ventura County Sheriff's Department officials stated that Avary was driving drunk and his car slid into a telephone pole fatally injuring a passenger, Andreas Zini, who was visiting from Italy. Avary's wife was thrown from the car and received sever injuries, but survived.

The prosecution could have filed the more sever charge of "Watson Murder" for the DUI death. Apparently, Avary hired a Los Angeles pre-filing DUI defense attorney. By doing so, facts and other information can be brought to the attention of law enforcement resulting in a more clear refined case being filed, sparing Avary a life behind bar.

Continue reading "Los Angeles Academy Award Winning Screenwriter Charged with DUI Death" »

During this past Thanksgiving holiday weekend a total of 8 people were killed in traffic accidents in the greater Los Angeles area. This number, while significant, is the exact same number as last year during the same period. The California Highway Patrol made this report public on Monday after the weekend ended. The CHP reported that one of those killed was pregnant at the time she died.

While the number of traffic related deaths had not changed, the number of DUI arrests in Los Angeles was up from last year. CHP officers made a total of 331arrests in Los Angeles County, up from 320 arrests last year. This rise is significant because statewide, the total number of DUI arrests was down over last year.

DUI arrests significantly harm those convicted of the charges. Not only do they have to pay high fines and costs, but in many cases, they may loose their jobs, ability to drive, and for he first time, have a criminal record. If you have been arrested or charged with a DUI, Los Angeles DUI defense attorney Michael Kraut will be able to help you.

Continue reading "DUI Arrests In Los Angeles For The Thanksgiving Holiday Were Once Again High" »

The United States Coast Guard based out of Newport Beach, California made a gigantic seizure of marijuana off the coast of Southern California this past week. Government sources claim that the pot is worth over $32 million. That could be a lot of medical marijuana. However, the Government asserts that the 9,987-pound seizure off the coast of San Diego was for illegal purposes and was not destined to stock the shelves of medical marijuana dispensaries in California.

This is considered the be the largest marijuana seizure in the history of the Coast Guard in Southern California. Because the marijuana was seized in Mexican waters, the United States does not have jurisdiction to file criminal charges. If our Government in fact does file the criminal charges, then there are numerous defenses in a case of this type and the pilot of the boat should be looking to hire a Los Angeles and Southern California Marijuana defense attorney.

Apparently, the Coast Guard was on routine patrol when they spotted a boat about 100 miles off the coast acting in a suspicious manner. The trained eyes of the Government noticed that the ship was traveling very slow, until the sun began to go down and then the vessel sped up. This caused the Coast Guard to think that something was a miss. The fact that the boat did not use lights made them think the boat was a drug runner. The Coast Guard then tried to stop the vessel based upon their suspicion. Often times, the Government incorrectly stop individuals with out reasonable suspicion. Without the assistance of a top notch Southern California Marijuana defense attorney, individuals who would normally go free, are wrongfully convicted. That is why it is so important for anyone arrested or under investigation for a marijuana crime to immediately hire a Los Angeles pre-filing criminal defense attorney to protect their rights.

Then the chase was on. For over 3 miles the Coast Guard attempted to stop the vessel like a scene from Miami Vice, the captain began to through bails of pot over board.

The Coast Guard was prevented from pursuing the vessel in Mexican waters so they passed the information on to their counter parts int he Mexican Navy. While the Mexican Navy did their thing, the Coast Guard went back and picked up 136 bails of pot.

Continue reading "Huge Shipment Of Marijuana Seized Off The Coast Of Southern California" »

A very well respected Newport-Mesa sports coach who lives in Costa Mesa will not be charged with DUI after he was arrested on suspicion of driving under the influence in Costa Mesa after he was driving home from Los Angeles.

Laurence Draluck, 48, the Newport Harbor High School girls’ soccer coach, was pulled over in Orange County after he was driving erratic. Prosecutors declined to file the case stating that there was a lack of evidence. Most likely he was was represented by hiring a pre-filing DUI defense attorney who made sure that they were aggressive about pointing out the lack of evidence. Clearly, money not wasted by me Draluck. Had he been convicted of a DUI he very well could have lost his job.

Continue reading "Newport Harbor Coach Will Not Be Charged With DUI After Being Arrested After Returning From Los Angeles" »

Fox News' own sports commentator, Josh Booty, was arrested in Los Angeles for a DUI. He was pulled over by the California Highway Patrol in the Los Angeles area. He was then transported to the station for booking. During the booking process, Booty became angry. Officers attempted to subdue him by due to his size he was able to resist them. Soon thereafter, he was tasered two times. After the taser was used, he calmed down and the booking process completed.

Booty, 32, was well known as both a standout baseball player where he played for 5 seasons for the Florida Marlins. He then enrolled at LSU and was a star football player. After college he was drafted to play for the NFL Seattle Seahawks and then traded to the Cleveland Browns.

A civil suit has been filed in Los Angeles by the passengers of the SUV that Lindsay Lohan drove the night she was arrested for DUI and drug possession back on July 24, 2007. The story began when Lohan's assistant and the famous star had an argument. The assistant fled and Lohan jumped into an SUV that had other passengers in the vehicle. As Lohan sped through the streets of Los Angeles giving chase in the SUV, she blew street signs and stop lights. The suit alleges that the passengers were "crying for their lives" and are now suing the star for the fear that they felt.

Lohan, who pled guilty after her arrest, has completed a rehabilitation program in Utah. Additionally, she seems to have gotten her life back together, began dating her current girl friend, DJ Samantha Ronson, and is currently working on her new album. The Southern California DUI defense attorney did an excellent job of helping his client get back on her feet.

Critics of those who filed suit ask why the men did not just get out of the SUV during the times when the stopped. The men are seeking $50,000 in damages.

The City of Glendora as well as other Southern California cities will receive the brunt of more then $7 million of grant money from the State to eradicate DUI. Glendora will receive over $1.5 million to add DUI checkpoints as other operations to stop driving while intoxicated in the Southland.

Two dozen stations managed by the Los Angeles County Sheriff's Department will receive millions as well for the same purpose.

If you, or a loved one, is stopped at a DUI checkpoint or stopped for investigation of DUI then contact a Los Angeles and Southern California DUI defense attorney who practices in Glendora to help you.

A Pomona California city councilman and candidate for mayor has been arrested last week for DUI and being under the influence of alcohol. Elliot Rothman was arrested during the evening hours and was released after he posted $5,000 bail

Rothman was pulled over by a Pomona police officer after the license plate light on Rothman's jeep was not working. After pulling him over, the officer smelled alcohol from inside the vehicle. After Rothman failed the field sobriety tests, FSTs, administered by the officer, he was taken into custody,

In an unusual move, the Pomona Chief of police was called to the scene and personally transported Rothman to jail. Other then that, there was no other special treatment reportedly given to the Councilman

Rothman was given the opportunity to take either blood or breath test. He choose the blood test, which means that the results are not readily available until it has been analyzed at a crime lab. Now he will be hiring a DUI defense attorney who can handle is case in Pomona.

Shia LaBeouf will not face DUI charges for his car accident in Hollywood this past July. The Los Angeles County District Attorney's Office stated that there was insufficient evidence to charge the 22 year old star of "Eagle Eye" and the latest installment of the "Indiana Jones" movies. At the time of his accident the Los Angeles County Sheriff's Department stated that he rolled his truck and seemed "impaired" after the crash. It is well known that immediately after the accident and he was taken to the hospital, where he stayed for several days due to an injury to his hand. While he was there he hired a pre-filing Los Angeles criminal defense attorney.

Shia LaBeouf refused a breathalyzer test at the scene of the crash, and was taken to the hospital where he remained for several days. Because the actor refused to take the breathe test, he could face a DMV hearing that could result in his driver's license being suspended for up to 9 months. But I am sure that because of good solid legal advice and the fact that he hired a DUI defense attorney immediately his license will not be suspended.

The Sheriff's Department stated that the accident was not LaBeouf's fault and the District Attorney's Office is still considering charges against the two other people involved in the accident.

This past Saturday night actress Heather Locklear, well known for her starring role in Melrose Place, was arrested for driving under the influence of drugs near Los Angeles. The press is reporting that the former spouse of Bon Jovi was seen driving erratically when leaving a parking lot. She was later found by a CHP Officer stopped and blocking a highway in an upscale neighborhood.

As the CHP Officer spoke to Ms. Locklear, he noticed that she appeared under the influence of prescription drugs. She was arrested and booked for suspicion of driving under the influence of drugs.

California Vehicle Code Section 23152 makes it illegal to drive under the influence of either drugs or alcohol. Many people believe that the drugs must be illegal. That is not true. The code only requires that the person driving the motor vehicle be operating the car under the influence of a drug or alcohol.

Continue reading "Actor Heather Locklear arrested outside Los Angeles for DUI with Drugs" »

Movie star and actress Mischa Barton, 22, recently admitted that she checked herself into rehab after her December 2007, arrest for DUI in Los Angeles. Barton stated that by checking herself into rehab that it helped her get a reduced sentence. She stated that:

"It really helped in getting the more serious aspects of my case dropped because, you know, that's what they want to hear; you're not an alcoholic and you don't have a problem."

In April, 2008, with the use of a Southern California criminal defense attorney, Ms. Barton pled out the DUI case for 36 months of probation, fines and alcohol education classes.