Drug Crimes

Published on: April 12, 2010

Los Angeles DUI Rules for Drivers Under the Age of Twenty-One

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.

Published on: March 8, 2010

12 Scary Statistics about Southern California DUI

by Michael Kraut

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.

Published on: January 2, 2010

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

by Michael Kraut

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?

Published on: August 11, 2009

Michael Douglas’ Son Arrested for Drugs Which Could Have Ramifications for the Family in Los Angeles

by Michael Kraut

Michael Douglas’ son, Cameron Douglas, was in a Federal courthouse when his girlfriend attempted to smuggle drugs to the actor’s son. This past Monday Kelly Sott visited her boyfriend at the courthouse. During the visit she was caught trying to smuggle the young Douglas heroin. As soon as she was caught for her drug crime, she should have immediately hired a Los Angeles drug crime defense attorney. One of the most important things that can happen when an arrest or an investigation begins is to hire a pre-filing defense attorney that can represent a suspect early on in the proceedings.

Cameron Douglas was in the court facing Federal charges for a meth bust. Sott was arrested when she attempted to pass him an electric toothbrush filled with dime bags of the deadly drug.

In California, as in most states, it is illegal to pass a narcotics to a prisoner. The result, prison for the convicted felon.

Published on: July 22, 2009

Michael Jackson’s Doctor Has Office Raided After LAPD Asks For Los Angeles Search Warrant

by Michael Kraut

The Los Angeles Police Department is spearheading the investigation into the pop star’s death. Recent leaks in the investigation have pointed into the direction of repeated overdosing of Michael Jackson by his many close physicians. However, the focus of the investigation seems to be pointing to Jackson’s personal physician, Dr. Conrad Murry.

On Wednesday, July 21, 2009, The Drug Enforcement Administration raided Dr. Murry’s Houston office. Armed with a search warrant, they entered the office and took numerous items. Accompanying the DEA were Los Angeles Police Department detectives assigned to the Jackson Investigation. Murry was with the singer at the time of his death.

Because of the scope and extensiveness of the Los Angeles investigation, it would be wise for Dr. Murry, or any other medical professional to immediately contact a Los Angeles Pre-filing criminal Defense Attorney. The skills of a former Los Angeles criminal prosecutor can be very helpful to anyone under investigation. Los Angeles criminal defense attorneys who are former prosecutors often have conducted similar investigations and know how best to protect the suspect from further harm.

Published on: March 19, 2009

United States Attorney General Announces New Committment To Avoid Prosecuting Medical Marijuana Dispensaries Who Operate Legally in Los Angeles and California

by Michael Kraut

United States Attorney General Eric Holder announced that Federal law enforcement will no longer target medical marijuana dispensaries in California that operate legally. That means that Los Angeles and Southern California medical marijuana defense attorneys will have an upper edge. For the first time in the history of the United States, Federal laws are no longer going to be used to prosecute a drug crime. President Obama announced during his campaign that medical marijuana prosecutions would no longer be a priority under his administration.

The new policy has a direct effect on the 13 states that have legalized marijuana laws. Of those 13, only California allows for medical marijuana dispensaries operate legally. Until now, the Feds have not acknowledged the existence of Proposition 215 enacted by the citizens of California in 1996. Also called the Compassionate Use Act, Prop 215, allows for those with a medical need to have a doctor “recommend” the use of marijuana to relieve symptoms.

Under the newly announced policy, the Federal Government will no longer target those individuals that do not violate state laws on marijuana. In order for a dispensary to be legal under California law, and thus immune from Federal prosecution, they must comply with the California Attorney General August, 2008, announcement of compliance as well as other laws.

A dispensary must seek guidance from a Los Angeles based medical marijuana criminal defense attorney in order to make sure that they are not violate the law. If the dispensary can operate legally, then the Feds will leave them alone.

California Attorney General Jerry Brown’s position is that a medical marijuana dispensary must operate as a nonprofit cooperative. That means the marijuana must be grown by cooperative members to be sold without a profit to other cooperative members. Those members must all have a medical necessity for marijuana to treat their symptoms. The member must have a valid recommendation from a duly licensed doctor. The dispensary must be both licensed and pay taxes on its sales as well as provide security for the facility. There are dozens of other requirements that must be put in place prior to a person opening a legal dispensary.

Published on: March 18, 2009

Los Angeles Celebrity Anna Nicole Smith’s Lawyer and Two Doctors charged With Southern California Drug Crimes

by Michael Kraut

The Los Angeles based psychiatrist for Anna Nicole Smith surrendered herself to the Los Angeles Police Department on March 16, 2009, to face felony charges. Khristine Eroshevich, 61, turned herself in at the Van Nuys jail early in the morning in an attempt to avoid the press. He bail was set at $20,000.

Ana Nicole Smith’s psychiatrist was not the only person charged by local authorities. Smith’s boyfriend and former attorney, Howard Stern, as well as another of the celebrity’s doctors, Sandeep Kapoor, were charged with unlawfully prescribing a controlled substance and conspiracy to commit the crime of prescribing, administering and dispensing controlled substances to an addict. The charges were filed by both the Los Angeles District Attorney’s Office and the Office of the California Attorney General. Now that they are all similarly charged, it is important for the three of them to hire a Los Angeles drug crime attorney who handles Southern California drug crimes.

The doctors were also charged with obtaining a prescription by giving a false name or address and doing so by fraud, deceit or misrepresentation. These charges stem from the use of a false name on the prescription in violation of California law. Their Southern California criminal defense attorneys claim that they used a false name in order to protect Ms. Smith from the media.

Stern and Kapoor both turned them themselves in earlier and all three are expected to be arraigned on May 13, 2009. Both of of the crimes are considered moral turpitude crimes, ie: showing poor moral character, all they stand to loose their professional licensees.

Published on: January 23, 2009

Medical Marijuana Dispensary License Revoked in Northern California, Is Los Angeles Medical Marijuana Next?

by Michael Kraut

The Northern California city of Alameda has revoked the license of a medical marijuana dispensary which has operated lawfully for several months. The owner of the Purple Elephant contests the revocation and believes that he is being harassed. Los Angeles medical marijuana dispensaries will need to hire a Los Angeles Medical Marijuana defense attorney in order to keep the scrutiny of their legitimate business at bay from the Federal Government which has stated that it will fully prosecute those that sell marijuana.

The Alameda City Manager sent the revocation letter because she believed that the owner of the dispensary had failed to disclose the true nature of his business on the license application. Additionally, the City Manager claims that the owner of the Purple Elephant did not obtain the required zoning clearance for the dispensary before opening. The owner has sought an appeal of the revocation. While the appeal is pending, the dispensary is allowed to remain open.

It is important for those that frequent Los Angeles medical marijuana dispensaries, or Southern California medical marijuana dispensaries, that it is still legal to use medical pot pursuant to proposition 215. This section was codified under Health and Safety Code 11362.5. This section states that a person may use medical marijuana if they have a doctor’s recommendation that they have a medical condition. The code also states that a person may cultivate pot for their own personal consumption as long as they do not sell it. Even though it is still legal under State law, the Federal Government has stated that it will fully enforce the Federal laws in United States District Court. That means that people who use marijuana need to keep in contact with a Los Angeles medical marijuana attorney to protect their interests.

Published on: January 21, 2009

New Beginning for Los Angeles and Southern California Criminal Law

by Michael Kraut

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.

Published on: January 5, 2009

Violent crime down in Los Angeles and Southern California in 2008

by Michael Kraut

In a shift from a decade ago, violent crime in Los Angeles has declined for 6 straight years. Police in this Southern California city are thankful in the decrease. Others worry that the decline will reversed due to the failing economy.

Los Angeles homicides decreased about 5% from the previous year. While that number is not that impressive, the total total drop of 27% in 5 years. Law enforcement claim that the decrease is due to the severe push in gang eradication.

Violent crime has also dropped for other Southern California cities. San Diego saw a slight down turn, while San Bernardino had a 7% decrease, and Orange County also saw a drop in violent crimes