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.

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.

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.

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?

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.

There are two types of manslaughter. The first in voluntary and the second is involuntary. Dr. Murray was charged with involuntary manslaughter. The doctor surrendered at the court hearing. It is reported that members of the Jackson family attended the hearing and were very angry at the charges filed. They believe that his top notch Los Angeles Criminal Defense Attorney was able to convince the District Attorney to file the simple lower level homicide charges rather then murder charges.

It is evident that the pre-filing criminal defense attorney was able to raise legal issues that made the DA's Office only file involuntary manslaughter charges. The pressure had been mounting from the Jackson clan to file murder charges. Had Dr. Conrad Murray been charged with the more serious charges, and convicted, then he could have spent the rest of his life behind bars.

Dr, Murray was released on $25,000 bail and he is free to return to his home in Houston, Texas until the next court date.

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.

While most high profile cases are filed at the downtown courthouse, this case is set to be filed at the LAX courthouse. This is a change form the history of failed high profile cases in which downtown juries buck the charges and acquit celebrities charged with serious crimes.

Dr. Conrad Murry's top notch Los Angeles Defense Attorney will surrender his client to the Los Angeles Police Department if he is charged.

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.

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.

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.

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.

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

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.

After the arrest, a judge issued a protective order that separates the Sheens from each other. While the court order is still in effect, both parties have asked the court to modify the ruling to allow them to see each other. At this time, Charlie Sheen's 10 month-old twins are remaining in Aspen with mom, while the actor is back in Los Angeles working on the set of Two and Half Men. Sheen's top-rated Los Angeles criminal defense attorney is working behind the scenes in what is known as pre-filing investigation to stop any charges from being filed

This is not the first time that Sheen has been arrested for violence on the women he claims to love. Several years ago Sheen was charged with a Los Angeles domestic violence case for severely beating his girl friend at the time, Brittany Ashland. In 1996, Sheen was arrested and charged with pulling his girl friends hair while slamming her down on a marble floor. He then knocked her unconscious and then caused an injury to her face that required stitches to close the wounds. According to Ashland he then stripped her of the bloody clothes she was wearing and then told her that if she told anyone he would kill her.

Court records indicate that Sheen pled guilty to criminal charges in the 1996 case. Ashland's attorney is urging the District Attorney in Colorado to not modify the order.