Los Angeles Criminal Defense Attorney Blog

Blogs and local media outlets dedicated to covering breaking news about Southern California white collar crime have been lighting up over a huge Medicare scam bust sprung the Friday before last. CBS and the AP report that, on Friday July 16th, Federal authorities took down 94 people in conjunction with over $250 million worth of Medicare fraud in five states.

This constituted the largest bust of its kind in history.

Suspects were arrested in Baton Rouge, Houston, New York, Detroit, and Miami for doing things like billing Medicare for physical therapy, medications, and treatments that never took place; purchasing phantom equipment; and engaging in elaborate cover up activities. The largest scam took place at the Bay Medical Clinic in Brookline, where authorities contend that the operators of the fraud ring stole $72 million from Medicare by submitting false claims on behalf of senior Russian immigrants. Over 3,700 claims got filed under the name of one elderly woman alone, and many patients literally sold their Medicare numbers to make extra money. At Bay Medical, authorities alleged a room had been set up replete with Soviet Union style propaganda, including a Lenin era poster that warned in Russian “be on the lookout: in these days the walls talk.”

Los Angeles healthcare fraud is a very serious crime – and clearly the government is making a concerted effort all across the country (including Southern California) to catch white collar criminals – particularly now that President Obama’s Affordable Care Act provides officials with extra powers to stop and punish suspected providers.

A variety of laws may be applicable in health care fraud cases, including Penal Code Section 550, Industrial Code Section 1871.4, Penal Code Section 118, Labor Code Section 3700… and that’s just the beginning, actually.

What constitutes Los Angeles healthcare fraud? Anything from double billing to providing unnecessary procedures to subjecting patients to unnecessary testing to falsifying patient records to billing insurers or Medicare for care that never got provided.

Defending against charges of Los Angeles insurance fraud can require serious legal legerdemain. Although a Southern California white collar crime attorney can help you put up a stiff and robust defense, you need to provide him or her with good information and potentially be prepared for a long and drawn out battle – especially if you face serious, complex charges.

Fortunately, attorney Michael Kraut of the Kraut Law Group can establish a powerful strategically-focused defense. Attorney Kraut is not your average Los Angeles white collar crime attorney – he is a Harvard Law School educated former prosecutor who has appeared as a legal expert for the Los Angeles Times and has been featured on NBC Nightly News, CBS Evening News, and CNN.

Last February, the Orange County DA’s office announced that a dozen individuals had been arrested for Southern California medical insurance fraud in conjunction with an elaborate undercover operation. The latest defendant to be sentenced was Florin Catinas, a 36-year-old chiropractor. After pleading guilty to a felony charge, Catinas received a 60-day jail sentence, more than $4,000 in forced restitution, and three years probation. Catinas could have faced more serious penalties, had he not chosen to testify against a co-defendant, David Gonzalez, in exchange for getting five other felony charges dropped.

Gonzalez himself actually got acquitted of Southern California white collar crime charges back in June -- at least on three felony counts. (The jury did not come to a verdict on three other counts, and the prosecution is currently seeking a retrial to try to get Gonzalez on charges of Southern California insurance fraud, grand theft, and unlawful referral of clients.)

The undercover operation involved serious complexity. Investigators created a fake lawyer’s office and sent out letters to chiropractors, doctors, and other providers whom they suspected to be involved in illegal billing schemes. The letter suggested that the lawyer’s office would send referrals to the medical providers in exchange for a 30% commission or kickback – an obviously illegal offer. Out of the dozen people tagged in the operation, only one has been acquitted thus far.

Let's delve into the specific laws that focus on Southern California healthcare fraud.

Most Los Angeles medical fraud cases can be charged pursuant to Penal Code Section 550 and Insurance Code Section 1871.4. If the provider employs other people, he or she could also be charged pursuant to Labor Code Section 37100. If the provider made a claim to an insurer based on a false statement, the defendant can also face a perjury charge for violating Penal Code Section 118.

Some actions that would constitute healthcare fraud include double billing, creating false medical records, asking for unnecessary patient tests, billing insurers for care that was never delivered, and prescribing meds or doing procedures that were unnecessary.

If you or a loved one or a co-worker faces similar charges of Southern California white collar crime, credit card fraud, or insurance fraud, odds are that you are confused, frustrated, and scared. To develop a strategic and smartly focused defense, you almost certainly need an experienced and tested legal representative in your corner.

Continue reading "Southern California Medical Insurance Fraud Operation Nets 10 Convictions" »

As if the Great State of Louisiana didn't have enough to worry about – Southern California medical insurance fraud blogs have been chasing after a wild story out of Cajun Country, in which an administrative assistant at a chiropractic clinic allegedly pilfered over $77,000 from her employer in an elaborate scam that lasted over three years.

The Dirty Details

Louisiana State Troopers arrested Juanita S. Boyd last week following a five-month investigation into her alleged criminal activities. Ms. Boyd worked as an assistant at a Baton Rouge chiropractic clinic called Advanced Chiropractic. Somehow, she managed to work out an arrangement with a local personal injury attorney named Kevin Hanchey, who referred his clients to Advanced Chiropractic for medical treatment. From 2007 to 2009, Hanchey sent over multiple clients and wrote 39 checks to Ms. Boyd (directly, as opposed to the clinic itself). She allegedly cashed the checks and kept the money for herself – a total of over $77,000, which should have rightfully gone to her boss, Dr. Doyle Johnson.

If you stand accused of white collar crimes – particularly insurance fraud in Southern California – what kinds of charges might you face? The answers depend on the circumstances of what you did. Insurance Code Section 1871.4 is a catch-all for Los Angeles healthcare fraud cases. You might face charges under Penal Code Section 550. If you made a false charge, you could face perjury charges on top of everything else under Penal Code Section 118. And Labor Code Section 37100 might also apply, if you are an employer who committed healthcare fraud.

More generally, Los Angeles insurance fraud is covered under California Insurance Code Section 187. Other types of fraud can be covered under different sections. For instance, auto insurance fraud is covered under Section 1872.8. Depending on the nature of the charge, you could be hit with either a misdemeanor or felony.

As you can see, the legal wrangling over Southern California white collar crime charges can get quite intense and complicated – even if the charges themselves at first appear straightforward. To put up a stiff defense, you want an attorney who has both experience and success dealing with similar situations.

Continue reading "Southern California Medical Insurance Fraud Blogs Zero In On Crazy Case Out of Louisiana" »

53-year-old Kevin Michael Sianez was walloped with a 63 charge criminal count last week, including charges of an array of Southern California white collar crimes. Sianez worked for the Stanton Police Department between 1979 and 1986 and operated, more recently, as an unlicensed private investigator. He stands accused of a dazzling array of unsavory deeds. Here are a few of them:

• Operating as a private investigator without being licensed through the California Department of Consumer Affairs Bureau of Security and Investigative Services.
• Lying about his professional credentials online to attract business.
• Intimidating former colleagues who threatened to expose his fraudulent activity.
• Threatening to burn down the house of a woman who threatened to expose his fibs online.
• Posting multiple ads on Craigslist to solicit women to have sex with his Labrador retriever.

Felony charges against Sianez include a dozen counts of using an access card fraudulently, 20 counts of false pretense grand theft, five counts of a felon possessing a firearm (coming from a 1998 felony conviction for stalking), and counts of identity theft, perjury, fraudulent computer access, and illegally possessing ammunition. Among his misdemeanor charges are charges of Southern California white collar crime (aggravated). He is currently being held at $0.5 million bail; if he is convicted of all of those charges, he could serve 30 years behind bars.

When one examines the array of Southern California fraud and white collar criminal charges against Sianez, one charge that definitely leaps out is the accusation that he solicited women to have sex with his dog. This accusation, if true, is absolutely despicable. And it illustrates a problem that many Los Angeles white collar crime defendants have: namely, when you are accused of a crime, you find that you end up getting lumped in (in other people’s minds) with criminals who have done much worse deeds. For instance, say you stand accused of Southern California medical insurance fraud for falsely billing a provider for work you didn’t really do. Many people in their minds will hold you in the same regard as they hold a man who wanted women to have sex with his dog.

All this is to say, to build a coherent and clearheaded defense against charges like Southern California credit card fraud, insurance fraud, and the like, you need adept legal representation.

Continue reading " Ex-Cop Accused of Southern California White Collar Crimes Galore" »

Individuals contemplating committing Southern California medical insurance fraud should be on notice: the government is cracking down. Last June, the Feds initiated a multi-state bust-up of healthcare fraud operations that allegedly bilked the system out of $50 million, collectively. Two of the biggest alleged offenders – Bernice Brown and Daniel Smorynski – got convicted last week in US District Court of a fraud scheme that bilked Medicare out of more than $6.5 million.

Below are the details about the case:

Between October 2002 and January 2007, Brown (who owned a Michigan-based business called Wayne County Therapeutic) and her Vice President, Smorynski, drafted bogus files to bill Medicare for occupational and physical therapies they never actually performed. All told, they submitted $23.2 million worth of claims to Medicare. The courts came down harshly on both of them. Brown got convicted of 10 counts of healthcare fraud and one count of conspiracy to commit fraud – each of these 11 charges has a maximum penalty of $250,000 in fines and 10 years in jail.

Smorynski, for his part, was found guilty of six counts of healthcare fraud and one count of conspiracy. Clearly, the government is taking these medical fraud cases very seriously.

If you have been charged with Los Angeles healthcare fraud, mostly likely, you will be charged pursuant to a special code, called Insurance Code Section 1871.4. On top of that, you may face charges under Penal Code Section 550. If you’ve made a false statement to prosecutors, you could face charges under Penal Code Section 118. In certain cases, if you are an employer, you may also be found in violation of yet another section, Labor Code Section 3700.

The following activities could be construed as Southern California healthcare fraud: falsifying medical documents, double billing, giving unnecessary procedures or tests to patients, and billing carriers or Medicare for services not provided (like Brown and Smorynski did).

As even this brief (and oversimplified!) introduction to Los Angeles healthcare fraud suggests, these legal charges can get incredibly complicated. If you or a loved one stands accused of a similar charge, you could face catastrophic financial fallout as well as a long prison sentence, if you don’t put up a stiff defense. To that end, you likely want an attorney who has lots of experience and proven success with Southern California white collar crimes.

Michael Kraut of the Kraut Law Group in Los Angeles is a proven, highly respected, and well trained advocate for Southern California white collar criminal defendants. Attorney Kraut spent years serving the city as a prosecutor before switching to become a defense attorney. He knows how prosecutors typically operate, and he can use his knowledge and intuition of the process to deliver an exemplary defense.

On Friday June 4th, a grand jury indicted Dr. Dipak Desai on 28 criminal counts – from racketeering to insurance fraud – prompting those who follow stories of Southern California medical insurance fraud to vigorous debate the potential fallout.

Dr. Desai – who was charged along with two of his former employees, Ronald Lakeman and Keith Mathahs – allegedly accidently infected over 100 patients with Hepatitis C at his Endoscopy Center of Southern Nevada from March 2004 through January 2008. Patients at his center allegedly got infected because nurses reused syringes. An astounding 50,000 patients in total might have been exposed to HIV and Hepatitis B in addition to Hepatitis C.

Felony counts against Desai include criminal neglect of patients, medical insurance fraud, obtaining money under false pretences, and racketeering. Desai is in the midst of a filing for Chapter 11 bankruptcy, and representatives for plaintiffs have whalloped the embattled physician (former physician actually, since his license was stripped earlier this year) with a slate of malpractice suits. Attorneys said that the insurance coverage “will be grossly and totally inadequate to satisfy the damage claims of plaintiffs.”

Two companies linked with Desai’s clinic – Baxter Healthcare Corp and TEVA Parenteral Medicines – may have to play a collective judgment worth $500 million in damages – the most ever awarded in Nevada.

If you or a loved one faces charges of Southern California medical insurance fraud or any other kind of white collar crime, chances are that others will leap to judgment without knowing all the facts. You could quickly find yourself without allies, recourse, or knowledge about what to do. It can be very scary to face these kinds of serious charges.

Southern California healthcare fraud is subject to punishment under Insurance Code Section 1871.4 as well as Penal Code Section 550. You might also face charges under Labor Code Section 3700 and Penal Code Section 118. Southern California healthcare fraud charges can be diverse and can include accusations of doing unnecessary medical procedures, falsifying or changing medical records, billing insurers for services not provided, prescribing medications that aren’t needed, and urging patients to undergo tests that are not unnecessary.

The sophisticated nature of Southern California white collar criminal charges almost necessitates that you retain a top caliber criminal defense attorney to protect you and your rights. But whom can you trust?

Consider talking to Attorney Michael Kraut of the Kraut Law Group. As a former Los Angeles prosecutor and a Harvard Law School trained trial lawyer with a 98% success rate jury trials, Attorney Kraut can answer your questions and work with you to develop a thorough and strategically sound defense against Los Angeles healthcare insurance fraud charges.

The Wall Street Journal reported on May 21st that a major real estate developer, Anthony Symmes, has pled guilty to charges of Southern California fraud – and seven other people have been indicted on similar charges. The 59-year old Symmes is the most prolific house builder in the Chico region, and he is alleged to have developed a scheme to sell over 60 houses to earn illegal profits. In addition to the money laundering count, Symmes pled guilty to Southern California mail fraud. The developer has paid $4 million in restitution already into a US Treasury account, and he is cooperating with investigators who are looking into Southern California mortgage fraud charges against another area magnate, Garret Gilliland.

The Wall Street Journal also reported that Sacramento resident, Eric Mortenson, along with two men from Las Vegas, have been indicted on Southern California wire fraud charges in conjunction with a scheme to illegally flip properties for resale. The defendants could get up to two decades in jail if convicted.

Lastly, four Redding, California residents were charged with a smattering of Southern California fraud charges, including money laundering, mail fraud, and conspiracy to commit mail fraud. If convicted, they can face fines of up to $0.25 million as well as 30 years in jail.

Southern California white-collar crimes are taken very seriously by the court system. Different penal code sections cover different crimes, and these cases can often get very complicated and technical. Consider, for instance, that perjury is covered by Penal Code Section 118, mail theft is covered by Penal Code Section 530.5(e), and receiving stolen property is covered by Penal Code Section 496(a). Often, these cases involve extensive paper trails, numerous parties, allegations and counter allegations, and both subtle and glaring violations of business ethics and the law.

To that end, if you or a family member has been charged with Southern California fraud, conspiracy to commit fraud, or any other kind of white-collar crime, you need an attorney who has the wherewithal, skills, and experience to develop an effective strategy for you.

Continue reading "Indictments and Guilty Pleas in Major Southern California Fraud Cases" »

On May 7th, an L.A. Superior Court Judge ordered local businessman Joseph Baiden to pay over $1.3 million in restitution for committing Southern California insurance fraud. According to a KPCC news story, Baiden had illegally underreported his workers comp pay roll in conjunction with a company called Nurse Connection Inc. He also failed to pay insurance premiums for workers comp. Initially, Baiden had been ordered to spend five years in prison, but Judge Horowitz agreed to allow the 57-year-old Diamond Bar resident to have five years supervised probation, including 90-days of electronic monitoring. In addition, Baiden will have to pay over $100,000 in investigative fees to the California Department of Insurance.

Moving forward, as a result of pleading guilty to Southern California workers comp fraud, Baiden must submit his tax returns to both the DA’s office and the Department of Insurance and offer clear proof both that he has workers comp insurance and that he is in complete compliance with his payment obligations. Baiden will return to court on November 8th to submit a progress report.

Los Angeles insurance fraud charges can be complicated to understand and difficult to fight. Different laws cover different kinds of Southern California insurance fraud. For instance, Penal Code Section S550(a)(5) defines medical insurance fraud; whereas California Insurance code Section 1872.8 spells out the definition of Auto Insurance fraud.

If you or a loved one is being investigated for any kind of Southern California fraud – from life insurance to medical insurance to auto fraud – odds are that you need a reliable, trustworthy, and trial-proven attorney to see you through the difficult legal proceedings ahead.

Continue reading "Businessman Ordered to Pay $1.3 Million in Southern California Insurance Fraud Case" »

Last Wednesday, a Federal Judge gave a Pennsylvania doctor, John Kristofic, a year and a day in prison pursuant to a healthcare scam that lasted from 2003 to 2008. Southern California healthcare fraud experts have been poring over Judge Ambrose’s decision to determine whether and how the decision might be impact local cases.

The perplexing saga of Dr. Kristofic

The 62-year-old Dr. Kristofic (of Shadyside, PA) has a long and tumultuous history with the law. Back in the 1980s, he was brought up on charges under the Racketeer Influence and Corrupt Organizations Act of stealing more than a $1 million by billing for non-medically necessary tests. He allegedly invested the proceeds of this scam into private commercial real estate. The doctor settled that case for $0.75 million. He was later arrested and convicted of driving under the influence, AND he got probation for lying about his asset portfolio in 1991.

His latest arrest pertains to similar charges. From 2003 to 2008, Dr. Kristofic allegedly unfairly billed Medicare and other private insurers for services he never provided to his patients. Many Southern California healthcare fraud experts -- at this point reading about Dr. Kristofic’s bio --would feel pretty confident that his repeated chronic violations of the law should merit a harsh sentence.

But… the story thickens.

It turns out that Dr. Kristofic has another side -- an altruistic and giving one. Among other things, he provided free medical care for organizations like Operations Safety Net, Alcoholics Anonymous, and Catholic Charities. In a 2006 trip to Haiti, he gave out free care to the sick, an act which a local Reverend said “exuded a sense of compassion… it was extraordinary.” And Judge Ambrose received 60+ letters from various people and organizations commending Dr. Kristofic for his charity and extraordinary givingness.

As you can see, cases of Southern California insurance fraud can be a lot more complicated than they first appear in the headlines.

If you or a family member has been charged with healthcare fraud or any other white collar crime in Southern California, consider protecting yourself by retaining high quality legal counsel.

Continue reading "Southern California Healthcare Fraud Experts Scratch Heads over Double-Edged Decision in Pennsylvania Case" »

If you have been arrested for driving under the influence in Los Angeles, your world can turn upside down in just hours. Whether you were incorrectly assessed as DUI (the police made a mistake on your blood work or breathalyzer reading), or you were barely over California’s legal limit of 0.08% BAC, you could face stiff fines, jail time, and other penalties. Obviously, DUI is a serious offense. But a breaking story out of Seattle illustrates why Los Angeles DUI defendants -- more, it seems, than other criminal defendants -- face such a tough road to rehabiliate their images.

Warning: The following story is disturbing.

Last week, police arrested a 34-year-old man, Shawn Shipp, for vehicular homicide while DUI. Shipp backed into 91-year old Marie Fite, slamming her to the ground. Instead of stopping, he continued to back up, apparently unaware that he had hit a human being. By the time he figured it out, Fite had been severely injured. Shipp fled the scene, but police chased him down and arrested him. Fite died at the hospital. Shipp tested to have a blood alcohol concentration of 0.16% – twice both the Washington and Southern California DUI limit of 0.08%. On top of that, Shipp has a long rap sheet which includes drug possession, motor vehicle theft, assault, driving with a suspended license, and first degree child rape. According to reports, Shipp’s bail has been set at $500,000.

Now, obviously, without knowing more details about the allegations or about specifically what happened, one has to withhold judgment. After all, in the U.S. court system, a defendant is innocent until proven guilty. Nevertheless, the salacious details of the report – including the fact that Shipp is a convicted child rapist – obviously touch an emotional chord in us.

Unfortunately, if you have been tagged with a charge of driving under the influence in Long Beach, many people instinctively will conclude that you must be somehow similar to this Shipp character. And while it is true that driving DUI in Long Beach or elsewhere can be incredibly dangerous and can lead to tragic instances of vehicular homicide, the harsh stereotyping of DUI defendants may not be fair or accurate.

That said, it’s always important to review what punishments can be in store for individuals convicted of serious Los Angeles DUI crimes. Cases in which a DUI victim dies can be charged under the California Vehicular Manslaughter Law. Penal Code section 191.5(a) covers gross vehicular manslaughter while intoxicated. This is a more serious charge than typical vehicular manslaughter charge. Prosecutors must prove four points:

1. Driver was DUI and/or had a blood alcohol concentration of 0.08% or greater.
2. The person committed a driving infraction or misdemeanor while driving – or performed an otherwise lawful act – that could potentially lead to someone’s death.
3. That lawful act, or infraction or misdemeanor, was committed with “gross negligence.”
4. The negligent conduct resulted in someone getting killed.

If the prosecution cannot prove all four points, they will have a hard time getting a conviction for gross vehicular manslaughter while intoxicated. However, prosecutors can choose from an array of charges and request penalties to punish guilty offenders.

Continue reading "Horrific Case Out of Seattle Illustrates Why Los Angeles DUI Defendants Often Have Such a Hard Road" »

Most Southern California DUI cases involve simple roadside stops or failures at sobriety checkpoints. These stops tend to be no-drama affairs -- perhaps involving someone driving under the influence in Burbank with a BAC of 0.09% following a night out at a bar in the town center.

But every once in a while, truly bizarre DUI arrests occur. The website TruTV.com recently put up an amusing catalog of notoriously strange DUI arrests. These include:

o Afredo Martinez of Reno, who allowed his 7-year old son to get behind the wheel;
o Tina Williams, who continued to drink beer in front of the police while being questioned about driving DUI -- all while a 16-month year old infant was in her car!
o Lynn Bailey, who got pulled over in Florida while wearing a shirt that read “I’m Not an Alcoholic. I’m a Drunk. Alcoholics go to meetings.”
o A Reno woman named April Westfall, who had been driving around with six feet of gas station hose sticking out of her tank when she got pulled over for suspicion of DUI.

Other bizarre stories of Southern California DUI (and DUI elsewhere in the US) include:

o A husband who pulled over his own wife for DUI;
o A father jacked up on cocaine who allowed a 10-year old boy to drive his vehicle -- the 10-year-old crashed the car at over 100 miles per hour;
o A woman named Terri Comer, who passed out behind the wheel of her Toyota with a BAC of a mind-boggling 0.72% (9 times the legal limit for a Southern California DUI) -- right next to a flashing road sign lit up with the words “don’t drink and drive.”

As amusing as these accounts of bizarre arrests may be, they demonstrate just how helpless many drivers are to control themselves and their behavior. When someone drives under the influence in Beverly Hills or Glendale, that person puts others at risk. What’s more, punishments for DUI with injury can be far more severe.

Consider that most DUI stops lead to charges under either California Vehicle Code Section 23152(a) or 23152(b) but that DUI injury is charged under two separate statutes, 23153(a) and 23153(b). These other statutes stipulate that standard misdemeanor DUI charges can be inflated to felony counts if a DUI driver hurts another person. The severe punishments could entail lengthy prison sentences, forced restitution to a victim (or a victim’s family), major court fines, loss of a right to vote, loss of a job, and so on.

That said, just because someone drives DUI in Glendale and gets into an injury accident doesn’t necessarily mean that he or she will be charged under 23153(a) or 23153(b). To make a case, prosecutors must show that the driver violated a traffic law or in some other way behaved with negligence -- and that this behavior caused an accident, which in turn caused an injury. In other words, say you were DUI in Glendale and you hit another car, causing injury. If the other driver was solely responsible for the accident -- for instance, if his vehicle suddenly swerved into your lane -- you likely will not be hit with the tougher charges, although you likely will still face charges under 23152(a) and/or 23152(b).

Continue reading "Completely Bizarre Southern California DUI Stories (and stories from elsewhere in the U.S.)" »

California Vehicle Code Section 23152(b) stipulates that anyone who drives a motor vehicle with a blood alcohol concentration (BAC) in excess of 0.08 percent is considered in violation of the law and can be arrested for Southern California DUI.

If you're convicted, you can go to jail, be forced to pay exorbitant fees and court costs, lose your California driver’s license for a whole year, be forced to install and maintain an interlock ignition device, and face other punishments as well as strict probation terms.

While 0.08 percent is a statewide standard, the rules are different -- and stricter -- for drivers under the age of 21 years. According to Section 23140 of the California Vehicle Code, anyone under 21 years who drives with a BAC of 0.05 percent or greater is breaking the law. Police can arrest you, and your license can be suspended for a full year.

The zero tolerance law is even stricter. According to California Vehicle Code Section 23136, anyone under 21 years who has a BAC of just 0.01 percent or greater can be penalized with a one to three year license suspension. A police officer can take away your driver’s license and give it back to the Department of Motor Vehicles.

According to official Los Angeles Police Department figures, as based on the US Department of Transportation’s Fatality Analysis Reporting System, California often leads the nation in the number of road-related traffic fatalities. This is partly due to the fact that the state has so many people and so many cars (and so few public transportation options, at least in Southern California).

Minors often do not realize the potency of the alcohol that they consume -- particularly as it relates to their driving prowess. Drinking alcohol has been shown to slow reaction times, impair concentration, reduce range of vision, and stoke reckless behavior.

Los Angeles DUI and Hollywood DUI crashes involving young people can lead to awful catastrophes -- affecting not only the lives of promising students, athletes, and citizens, but also the lives of other people in the community.

Myriad rules govern driving restrictions on minors. As we’ve discussed, CVC Sections 23136, 23140, 23152 can all be relevant, depending on the details of your Beverly Hills DUI charge. It makes sense to seek advice from a highly regarded, experienced Los Angeles DUI trial attorney.

Continue reading " Los Angeles DUI Rules for Drivers Under the Age of Twenty-One" »

Los Angeles DUI statisticians often chart the rise and fall of fortunes of local movie stars, politicians, and actors. But this post will examine something a little less personal but potentially pretty intriguing; namely, what is the record number of Los Angeles DUI arrests for a single person?

According to National Highway Traffic Safety Administration (NHTSA) statistics put out in 2009, nearly 400,000 people in the U.S. have at least five DUI convictions on their records. Extrapolating from the numbers, it is safe to say that several thousand people have ten DUI arrests or more. One online search reports that an individual in Illinois got a whopping 22 DUI convictions!

An AP story from April 12th has reported that a 49-year old man named Thaylin Shawn Pierce of Billings, Montana recently pled guilty to his 11th DUI. This comes on the heels of an arrest made back in November 2008, when Pierce was pulled over near a casino with a BAC in excess of 0.09%. (Remember that California’s legal limit, according to California Vehicle Code Section 23152 (b) is 0.08%).

If you drive with this much alcohol in your system or more, you can be subjected to arrest and penalties ranging from points on your license to loss of your license to jail time to mandatory installation of interlock ignition device (IID) on your vehicle, which you will have to pay for and maintain.

If you are arrested four or more times for DUI in Beverly Hills, for instance, within a span of 10 years of less, you can be subject to intense punishments. These include a minimum of 180 days in jail – that’s if the charge is only a misdemeanor – if it’s a felony, you can have significantly more jail time – up to three years. You’ll also see your California license suspended for three years, and you won’t be eligible for a restricted license for either work or school for four whole years. In addition, you will have to attend DUI alcohol school for 18 months and you will likely face huge court costs and fines along with strict terms of probation.

If you are arrested for driving under the influence in Beverly Hills in conjunction with a hit-and-run injury accident or any accident that results in injury to another person, your charges can be higher still. The state does not look fondly upon recidivist (repeat) Southern California DUI offenders.

If you or a family member has been tagged for multiple Beverly Hills DUI arrests, what should you do?

In addition to seeking treatment ASAP for alcohol related problems, it may behoove you to connect with an attorney who you can explain your rights and responsibilities under the law.

Continue reading "What is the Record Number of Los Angeles DUI Arrests Any Single Person has Received?" »

According to California Vehicle Code Section 23152(b), a motorist who drives with a blood alcohol concentration (BAC) of 0.08% or higher can be arrested and charged with a Southern California DUI. Often, drivers significantly exceed this minimum number. But how bad can it get? We’re going to discuss the levels of impairment that affect drivers as their BAC levels increase.

Between 0.03% and 0.05% BAC, reaction time is slow, and certain commercial drivers may be considered DUI at this level. The American Medical Association (AMA) has recommended that states lower their legal limit to 0.05%.

0.08% – As we just discussed, this is the cut-off for Southern California DUI.

0.10% - Most people begin to experience a significant loss of coordination and balance as well as failure of muscle control. Other states (not California) have this marker as their legal limit.

0.17% – According to statistical analyses, this is the average BAC for drivers who get into fatal collisions.

0.20% – At this level, drivers lose control over their emotions.

0.30 to 0.35% – Blackouts, incoherence, and complete disorientation can occur at this level.

0.50% – This could cause death.

0.74% – This is the highest BAC level ever recorded by a hospital in the United States.

0.914% – In December 2004, a Bulgarian man who hit a car was taken to a hospital and measured to have a 0.914% BAC. The doctors were so stunned by this measurement that they tried him with five different tests, which supported this amazing BAC reading.

1.23% – a Polish man that same month (December 2004) was astonishingly measured to have a 1.23% BAC. Some people doubt the veracity of this claim.

Since 0.5% BAC is usually enough to lead to death, it’s very rare that people who endure BAC levels of 1% or higher survive, but such incidences apparently do occur from time to time.

How Do Police Test for DUI in Burbank?

One common method is the blood test. This is considered the most accurate method, although, as we will see, it is not necessarily foolproof. A technician will extract blood from a suspect’s vein. The sample is then mixed with certain chemicals, which prevent the blood from clotting, and the blood is then analyzed using series of tests and then sent back to the Law Enforcement Agency for analysis.

Many Things can Go Wrong with DUI in Burbank Blood Tests.

For instance, the sample may not be sterile, or it may not be preserved or refrigerated. The skin could be contaminated by alcohol swabbed on the area to prepare for the blood test. Samples can be mixed up. Errors can be made with the chain of custody. Errors can be made with respect to the chemicals used to prevent clotting and the tests used to analyze the blood.

Of course, since blood tests are generally the most reliable methods to test for BAC, if you’ve been arrested for driving under the influence in Burbank (or elsewhere in Southern California), and your BAC blood test comes up positive for DUI, you may need immediate legal assistance.

Continue reading "What is the Highest Ever BAC Recorded for Someone Pulled Over for Driving Under the Influence in Southern California (or elsewhere)?" »

Nearly every week, news reports announce yet another Burbank DUI arrest. The story lines range widely. Sometimes, it’s a B-List celebrity stopped for speeding on the 101 and found to have a blood alcohol concentration of 0.15%. Other times, it’s a case of an 18-year-old actor who drives after drinking at a house party and winds up totaling his car on Lankershim Blvd. The details and names change. But the story remains the same.

So what’s behind this epidemic?

Scientifically, it may be impossible to say. But we can offer some informed speculation about what might be driving (so to speak) at least some of the Burbank DUI epidemic.

1. Rapidly changing traffic patterns

During the daytime, freeways like the 5, the 101, and the 405 get totally clogged. If you are on these freeways at the wrong time, you may be stuck literally for hours. However, after the traffic “thaws” and the sun goes down, cars suddenly can go at a much more rapid clip. This huge difference in driver behavior (between trafficky times and non-trafficky times) can create confusion and make roads in the Valley more difficult to navigate than roads elsewhere in L.A.

2. It’s easy to get lost.

Okay, the Valley is not exactly Boston: its traffic grid is at least somewhat intelligible. And if you make a wrong turn, you won’t have to drive three miles before getting back on track. But signage can confuse easily. Many areas (particularly along Ventura Boulevard) “look like one another.” As a result, you have probably a higher than average contingent of drivers who don’t know where they are going or who may be searching for directions while driving.

3. Increase in cell phone use in automobiles.

Think back ten years ago. A few people in Burbank had cell phones and pagers and such. But today, cell phones are nearly ubiquitous. Despite California laws forbidding drivers to use mobile devices unless they use hands free headsets, the practical reality is that lots of drivers still talk on their phones by holding them up to their ears. This makes them more distracted and more likely to get into accidents. Thanks to the increased distractibility of drivers, the probability of Burbank DUI crashes goes way up.

4. Burbank is home to a lot of “out of the way” nightspots and clubs.

When you look at party areas of the city of Los Angeles -- such as the Sunset Strip in West Hollywood and Mainstreet in Santa Monica -- these places can be dangerous, sure, but they are at least concentrated in a relatively small location. In the Valley, things are different. Places to drink in Burbank are more spread out. As a result, drivers who hop from club to club or from party to party may be more likely to get into their cars, thus increasing the likelihood that they will get into a Burbank DUI accident or be subject to arrest for DUI in Southern California.

Two California Vehicle Code Sections define what it means to be DUI in Southern California -- sections 23152(a) and 23152(b). 23152(a) lays out the definition and potential punishments for California DUI. 23152(b) stipulates that if you drive a car, truck, or motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above, you can be arrested for DUI.

So, with that lecture on the law and discussion of potential causes of DUI in Pasadena and Burbank and elsewhere in the Valley behind us, let’s turn our attention to legal defenses:

What should you do if you or a family member has been arrested for DUI?

Continue reading "Why Burbank DUI Accidents Happen -- And Steps You Can Take to Avoid Them" »

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" »

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?" »