Articles Posted in DUI

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Mary Delgado, a former contestant on the TV show The Bachelor, was arrested in Tampa on August 12th for DUI, after police pulled her over for having a broken headlight. Southern California DUI blogs and celebrity gossip sites immediately went to work speculating on Delgado’s situation. The 42-year-old former cheerleader for the Tampa Bay Buccaneers starred on two seasons of The Bachelor – 2003 and 2004 — and eventually got proposed to by the 2004 Bachelor, Byron Velvick. Three years later she got arrested on charges of battery after she allegedly punched Velvick in the face. The two split ways shortly after the arrest. They never married.mary-delgado-dui.jpg

According to police reports, Tampa police pulled over the former contestant around 12:45 A.M. for the headlight violation and noticed that she had bloodshot eyes and that there was an odor of alcohol coming from her car. She admitted to the police officer that she had had one and half glasses of wine before getting behind the wheel. Officers subjected her to field sobriety tests, which she alleged failed. Per a report from RadarOnline, Delgado “swayed from side-to-side, failed to touch her finger to her nose… and couldn’t walk… in a straight line.” She refused the breathalyzer test after being arrested and secured her release after making a $500 bail.

Whether you get pulled over for driving under the influence in Hollywood or DUI in Burbank or anywhere else in the Southland region, police officers will likely look for signs and symptoms that you are under the influence. This investigation isn’t particularly scientific – it’s usually based on intuition. Officers will look for signs such as:

• Odor of alcohol on you
• Lack of coordination
• Lack of balance
• Stumbling and mumbling
• Making up stories to police or contradicting yourself
• Containers of alcohol in your car
• Slurred speech
• Inappropriate emotional reactions (getting too angry, getting too giddy, etc)
• Inability to clearly say where you’ve been
Now, you don’t need to be a Los Angeles DUI expert to suspect that if a person exhibits all of these symptoms (or more), that they would be likely candidates for arrest. However, it’s important to probe deeper. After all, think about what happens if/when you get pulled over by the police. Your heart rate goes up, you get nervous and agitated, and you go through all sorts of other emotional and physiological changes that move you out of being “normal” and into hypersensitive state. So even a totally sober person might get tongue tied, might slur speech, might make up contradictory stories, and so forth. And if you are pulled over at night, when you are fatigued, these things can be compounded. Plus, there is a variation with people. Some people naturally slur their speech. Some people may have bloodshot eyes from smoking cigarettes or from being out late at night. And on and on.

So this whole “one size fits all” thinking can actually be damaging, and it can result in people who are not actually under the influence getting arrested and charged with DUI in Beverly Hills.

If you feel like you were incorrectly arrested, consult with a creditable and experienced Southern California DUI lawyer. After all, if you don’t put up a strong defense, you could face severe penalties, including a loss of your license, jail time, huge court fees and fines, probation, forced alcohol school, and more.

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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.DUI_Arrest.jpg

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.

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The epidemic of celebrity Southern California DUI stories has provoked a national discussion over policy and road safety. Just last week, for instance, as this blog reported, Corey Dillon — a former NFL runningback and a member of the 2004 Patriots (Super Bowl Champions) — was arrested for driving under the influence in Malibu. Stories like Dillon’s break all the time, unfortunately, sending the wrong message to impressionable drivers. These incidents sear into the collective memory. Who could forget the Nick Nolte DUI mugshot or the loaded comments Mel Gibson allegedly made after his DUI arrest? Truly outlandish DUIs happen to “everyday” people, as well. Here are three fascinating examples from the DUI news annals:armchair-dui.jpg

1. DUI Driver Injures Judge who Originally Sentenced Him for DUI
This story, from mid-April out of Maryland, is both ironic and tragic. A driver named Rene Fernandez careened into a car containing Judge Edwin Collier and his wife Ellen, causing severe injuries to both husband and wife. Fernandez had come before Judge Collier more than a decade ago on charges of DUI. Collier gave him a suspended sentence – let him go without jail time.

2. Women Arrested for Driving DUI on Train Tracks
This is a story from late February 2010 in Redding, Pennsylvania. A local 65-year-old woman named Bonnie Lehfeldt was driving after her dog who had gotten loose. Her Nissan Sedan got stuck on some train tracks. A local man managed to pull her from her car in the nick of time – right before a train plowed into the Nissan and pushed it for 200 feet. Had Lehfeldt been in the car when the collision occurred, she likely would have been killed or at least seriously injured. Police arrested her for DUI.

3. DUI while Piloting a Motorized Armchair
This story, from November of last year, involved a 61-year-old man who drove a motorized armchair out of a pub and into a parking lot while having a blood alcohol concentration of three times the legal limit.

Remember, even if you are not driving a car, truck, or motorcycle, you can still be pulled over for driving under the influence in Southern California!

California Vehicle Code Sections 23153(a) and 23153(b) govern what happens in cases of driving under the influence in Los Angeles with injury. Depending on the circumstances of the injury, the DUI driver can be hit with a felony charge (instead of a standard misdemeanor) and, as a result, can face much stricter penalties including the loss of the right to vote as well as higher fines and longer jail time.

Whether you have been pulled over for a “standard” Los Angeles DUI or a complicated injury DUI in Los Angeles, you likely need effective and compassionate help with your legal case.

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Websites like RadarOnline, PopEater, and Perez Hilton’s blog constantly report on the latest celebrity Los Angeles DUI news. Over the past decade alone, we have seen some of our most beloved TV and movie stars — including Lindsay Lohan, Paris Hilton, Nick Nolte, Stephanie Pratt and, perhaps most famously, Mel Gibson — get arrested for DUI in Los Angeles (and elsewhere). But one DUI-related story that’s often not covered by the “mainstream” celebrity blog-press is the rash of lawnmower DUI arrests — a crime that appears to be becoming increasingly common, however bizarre it may seem to most readers.lawnmower-dui.jpg

Consider the following stories that have broken just in the past month alone.

1. On April 6th, a 47-year-old Lancaster, New York resident named Joseph Simme was arrested after driving under the influence on his lawnmower on Walden Avenue. He nearly hit several vehicles. Fortunately, police pulled him over and found that he had many prior DWI charges as well as a revoked license. Upon testing, it was revealed that he had a BAC of 0.14% (remember, the legal limit for Southern California DUI is 0.08%). He was charged with multiple felony counts.

2. Just six days later — on April 12th, a man named Martin McMurray of Blountville, Indiana was also busted for lawnmower DUI, after leading police on a low-speed chase for nearly half a mile (thus despite the fact that police loudspeakers were blaring and sirens were wailing). McMurray allegedly drove against traffic and nearly lost his balance after being pulled over.

3. Just two days after that, on April 14th, a 30-year-old man named Jimmy Graham Jr. was busted in Athens, Tennessee for DUI on a lawnmower. He allegedly stole some fishing poles from a local resident’s garage and then took off on his lawnmower. He is currently charged with theft and aggravated burglary as well as DUI.

Could a lawnmower DUI in Los Angeles be next?

Perhaps not. Remember, Los Angeles is an urban environment. All aforementioned arrests happened in the suburbs/rural areas. And fewer people ride lawnmowers here, so one might expect fewer lawnmower Los Angeles DUIs. Nevertheless, the prospect of a lawnmower Southern California DUI does loom large, particularly as spring blooms and we head into summer — when the bulk of lawn maintenance is done in Southern California.

Of course, as intriguing as lawnmower DUI might be to the casual reader, the charge of a Long Beach DUI is no laughing matter, neither for defendants, nor for the victims of any DUI accident.

If you or a loved one has been tagged for driving under the influence in Long Beach, you may need legal representation.

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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. bizarre-dui.jpg

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).

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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.underage-dui.jpg

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.

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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?record-dui-arrest.jpg

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.

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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.bac-level-dui.jpg

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.

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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. burbank-dui.jpg

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?

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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.ignition-interlock-device.jpg

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.

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