DUI Category Archives — Page 38 of 41 — Los Angeles Criminal Defense Attorney Blog Published by Los Angeles & Southern California Criminal & DUI Defense Attorney — Medical Marijuana Defense Attorney Michael Kraut

Published on: October 7, 2009

Mel Gibson’s Los Angeles DUI Arrest Expunged

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

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

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expungement actually creates a situation in which the previous guilty judgment that resulted in a criminal record, is withdrawn, and the case is dismissed.

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

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 In terms of Mel Gibson, while his conviction was withdrawn and the case was dismissed, if he is charged with another Los Angeles DUI within 10 years, then the previous conviction will be used to enhance his punishment.

Published on: August 14, 2009

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

by Michael Kraut

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

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

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

Published on: August 3, 2009

Transformers 2 Star Still on Probation for his 2008 Los Angeles DUI Arrest

by Michael Kraut

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

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

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

Published on: July 20, 2009

Gold Medal Winning Olympian Arrested after Big Win — May Need Help from Arizona or Southern California DUI Defense Attorney

by Michael Kraut

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

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

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

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

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

Published on: July 8, 2009

Three’s Company Star Joyce Dewitt Busted for a Los Angeles DUI

by Michael Kraut

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

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

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

Published on: June 25, 2009

Los Angeles Loses Michael Jackson and Farrah Fawcett

by Michael Kraut

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

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

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

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

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

Published on: June 17, 2009

Donte Stallworth Gets 30 Days for DUI Death Case

by Michael Kraut

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

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

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

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

Published on: April 23, 2009

Los Angeles DUI and Southern Califoria driving while intoxicated arrests are on the rise

by Michael Kraut

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

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

TRAFFIC STOP AND DUI CHECKPOINT

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

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

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

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

Published on: April 10, 2009

Los Angeles Angels Pitcher Nick Adenhart Killed In Hit And Run DUI Near Los Angeles

by Michael Kraut

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

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

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

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

Published on: April 8, 2009

Los Angeles Clippers Forward Zach Randolph arrested for DUI in Los Angeles

by Michael Kraut

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

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

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