Property Crimes

Published on: March 15, 2010

Southern California DUI News Updates – Quick Reports on Stuff You Should Know

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.

Published on: March 1, 2010

Celebrity Los Angeles DUI Arrests and Tiger Woods: The Art of The Public Apology

by Michael Kraut

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.

Published on: February 22, 2010

Southern California DUI Checkpoints Used to Nab Unlicensed Drivers: Is This Practice Fair?

by Michael Kraut

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?

Published on: February 15, 2010

Concerned about Southern California DUI? You’re not alone: Men’s Health Survey rates three CA cities as “drunkest” in the US.

by Michael Kraut

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.

Published on: February 2, 2010

Burbank DUI Drivers and Other Hazards: How to Handle Southern California’s Wild Freeways

by Michael Kraut

From Burbank DUI drivers to debris in lanes to ferocious traffic snarls, Southern California’s freeways present a gallery of challenges to drivers. Here’s a quick guide to the obstacles we frequently encounter thanks to our tangled freeway system.

Rush-hour gridlock from 6 AM through 9 PM… and often on weekends.

The massive, never-abating congestion on freeways like the 10, the 405, and the 101 (but not the 90!) causes much consternation to newbie drivers. Whether you join the queue at six in the morning on the way to work; or you encounter a surprise snarl at 9 PM on a Sunday, be forewarned that stop-and-go traffic can be quite treacherous. Obviously, it’s hard to get into a serious injury accident going 5 mph. But when traffic thaws – after an obstacle is removed from the road, for instance – conditions can become quickly fluid, and accidents can easily occur. Just like a melting glacier presents challenges to hikers walking on top of it, so can a flowing traffic jam be extra dangerous to cars caught in the middle of it. So when the traffic breaks up, be on extra alert.

Freeways at night can turn into grand prix racing grounds.

The 405 is not always packed with cars, contrary to the impressions of daily commuters. At night, Southern California’s capacious freeways empty out. This attracts a different kind of hazard — the speedster. As reported on our Southern California DUI blog, a local television actor (Adrian Pasdar) was arrested just last week for driving 94 mph on the 405 near Santa Monica Blvd. DUI drivers, careless drivers, bad lighting, and highway maintenance projects can turn freeways into veritable obstacle courses.

Distractible drivers.

Southern Californians have an ongoing (and unfortunate… for many reasons) love affair with the cell phone/personal digital assistant. Driving while texting or talking on a cell phone can be hugely problematic — perhaps even more dangerous than driving under the influence in Southern California. A recent study found that California’s anti-cellphone-while-driving law has not resolved the problem — perhaps because the law required only that drivers speak on headsets instead of requiring that they refrain from talking on the phone altogether while driving.

In any event, by paying extra attention to the road — and not yapping on the cell phone, getting distracted by billboards or local celebrity sightings, or sightings of paparazzi spotting local celebrities — you can hopefully mitigate some of the risks posed by other distracted drivers.

Understand the penalties for driving under the influence in Burbank and elsewhere in Southern California.

Many people think that getting a first-time DUI is akin to getting a speeding ticket. But a DUI is no mere infraction. According to the law, even a first-time DUI offender can be charged with a misdemeanor — or even a felony, depending on the circumstances. If you’re convicted of even a misdemeanor Burbank DUI, the court can impose a crushing array of penalties including but not limited to:

* minimum of 48 hours in jail (two full days)
* court costs and fines of potentially thousands of dollars
* mandatory alcohol school in probation
* suspension of license for a full year
* pursuant to a law that went into effect on January 1, first time DUI offenders must install an interlock ignition device (IID) in their vehicles. This means that you must blow into a Breathalyzer-like device every time you want to start your car.

Obviously, the punishments for driving DUI in Burbank are unpleasant, to say the least. But what can you do if you or a loved one has been arrested and charged?

There are many wrong paths to take. If you lack knowledge of how the court system processes Southern California DUIs, you could easily take one of these inferior paths and compromise your future. Fortunately, good help is available.

Published on: January 25, 2010

DUI in West Hollywood Dangers — How to Avoid Them

by Michael Kraut

The problem of driving under the influence in West Hollywood is a perennial one. On weekend nights and certain holidays (especially Halloween), the surface streets in West Hollywood become extremely hazardous to both pedestrians and drivers. Here, we provide some tips for how to (hopefully) drive safer and smarter in and around the City of West Hollywood.

1. Limit your driving on party nights.

As long time residents know, the City of West Hollywood comes alive on weekend nights — particularly along the stretch of Santa Monica Boulevard from Doheny east to La Cenega. The Sunset Strip (to the north) is also the site of many arrests for DUI in Hollywood.

Hard partying drivers pose risks not only to other cars on the roads but also to pedestrians. According to authors Steven Levitt and Stephen Dubner (SuperFreakonomics), walking while under the influence of alcohol may be even MORE dangerous than driving under the influence, per mile traveled. So pedestrians and drivers alike should be particularly cautious in the “party zones” — especially during weekends and holidays.

2. DUI drivers who get distracted while looking for parking spots can be doubly dangerous.

Parking restrictions abound in West Hollywood. Trying to finagle a parking space, especially near the clubs and restaurants along Robertson, Santa Monica Boulevard, and La Cienega Blvd, can be perilous even if you’re driving sober and in the middle of the day. The constant cat and mouse game that is the quest to find parking in West Hollywood can result in drivers becoming extremely distracted. When you combine this with alcohol in any form, the dangers skyrocket.

3. Certain intersections have a reputation for being unwieldy.

The intersections of Santa Monica Boulevard with north-south streets like Fairfax, La Cienega, and Doheny, for instance, can get crowded and competitive during rush hour. So be extra mindful at these big intersections. Watch for drivers cutting across traffic or breaking other rules.

4. DUI in West Hollywood dangers can actually increase when fewer cars are on the roads.

During the day, when most of Los Angeles is stuck in a perpetual traffic gridlock, cars obviously have to drive slower, and thus the potential dangers of injuries from certain collisions decrease. When the traffic frees up — during the evening hours and sometimes in the weekends — cars naturally speed up. While this makes getting around West Hollywood a little easier, it also poses problems. DUI in Hollywood collisions are more likely to lead to injuries and death, for instance. This hazard can be compounded on the weekends because certain neighborhoods will clog up with traffic (people going into and out of popular clubs and restaurants), and thus there’s a lot of stop and go action on the roads, which can make things even scarier — particularly when you add DUI in West Hollywood drivers to the mix.

The laws governing DUI in West Hollywood are the same as the laws that govern DUI elsewhere in the state. Two sections of the law are particularly relevant — California Vehicle Code Section 23152(a) and California Vehicle Code Section 23152(b). These sections outline precisely what constitutes the crime of driving under the influence of alcohol or drugs and sets forth the (many) punishments that can be handed out to violators. Two related laws, California Vehicle Code Section 23153(a) and California Vehicle Code Section 23153(b), outline the crime of Southern California DUI with injury and stipulate the punishments for that crime.

To build a stiff defense against any of these charges, it helps to retain a lawyer who has a deep working understanding of Southern California judicial system from both the prosecutorial and defense side.

Published on: December 21, 2009

Ten Concerns Regarding Los Angeles DUI and Other Driving Hazards in 2010

by Michael Kraut

1. Driving under the influence in Los Angeles will not be the only major challenge facing law enforcement agents in 2010 — driving while texting/phoning is also a huge issue.

A cell-phone-talking/texting epidemic has overrun Southern California. As more and more people become dependent on mobile devices to get through their lives, more and more drivers become inattentive. Left unchecked, this epidemic of distraction will surely lead to an increase in the number of injury accidents and deaths on our roads and freeways.

2. An increase in media distractions.

We face dangers not just from drivers who text but also from distractions such as flashing billboards (e.g. on Sunset Boulevard), billboards that change as we drive past them (e.g. on Pico Boulevard just west of Beverly Drive), and other intrusive forms of media, such as satellite radio. All these drags on our attention could ultimately lead to an increase in accident injuries.

3. General degradation of California’s highway and surface street infrastructure.

The California budget crisis has made it difficult for the state to spend necessary money on roadside repairs and upgrades to infrastructure. A dearth of road improvements will almost definitely translate into greater dangers for drivers.

4. The increase in diabetes and obesity in our population poses an indirect hazard to drivers.

As the obesity/diabetes epidemic spreads, more and more sick, inflexible, and medicated drivers are getting on our roads, and this likely poses a serious public safety challenge.

5. Failure of rehabilitation programs.

Recidivist alcoholics are at higher risk for DUI. Unless and until we find a more effective and less costly way to curb alcoholism and addiction in our population, we will face a greater risk — not only of Southern California DUI injury accidents — but also of other safety problems.

6. Problems educating underage drivers.

Today’s youth are bombarded with distractions that did not exist even a decade ago — such as social networking, twittering, and other relentlessly aggressive technologies. These youth may be so distracted by these toys that they fail to attend to basic driving skills effectively.

7. Collective habituation to the dangers of DUI in Pasadena and elsewhere in Southern California.

Although driving under the influence in Southern California remains a serious problem, it is a well-known problem. Thus, we don’t hear about the dangers every day, and this lack of awareness likely contributes to increased risk.

8. Better technology can lead to overconfidence.

With GPS systems and other technological gizmos available to many Southern California drivers, overconfidence can easily result. Put too much trust in any automated system — and relinquish too much control over your automobile — and road mishaps are almost certainly bound to follow.

9. Better safety technology can lead to an increase in risk tolerance.

The advent of antilock brakes was supposed to slash accident rates across the country. It didn’t — at least not to the extent that it should have. One theory for why is that drivers who have ABS tend to wait until later to brake — due to their confidence in safety features. Thus, even though a car built today might objectively safer than a car built in, for instance, in 1985, our collective reliance on “last minute” safety features might ultimately wash out the difference.

10. Failure to get good legal help for charges of Los Angeles DUI…

Published on: December 18, 2009

9 Eye-Popping Numbers regarding Southern California DUI in 2009

by Michael Kraut

As 2009 wraps up, it’s time to turn our attention to Southern California DUI statistics that engaged our attention and reminded us about the dangers and costs of violating California Vehicle Code Sections 23152(a) and 23152(b).

Here are 9 eye-popping numbers:

1. 28,457 – the number of people hurt in accidents in CA in 2008, in which alcohol played a key role, according to the National Highway Traffic Safety Administration.

2. 1,029 – the number of people killed in “alcohol impaired motor vehicle fatalities” in CA in 2008. The only state with more alcohol auto fatalities in 2008 was Texas (1,269).

3. 214,811 – the number of DUI arrests made in 2008, according to the CHP.

4. 45 – the number of fatalities that occur every day on US roads during the Christmas season. 36 fatalities per day occur on average. 54 on average die on New Year’s Eve — 40 percent of these fatalities involve alcohol in some capacity.

5. 2,500 — The number of 2010 sobriety checkpoints that will be funded by the California Office of Traffic Safety.

6. 4/100,000 — According to the National Highway Traffic Safety Administration FARS survey, this is the rate of alcohol-related driving fatalities per population nationally.

7. (way more than) 18 — the number of celebrity Beverly Hills DUI arrests in 2009. For more on the celeb Los Angeles DUI arrests from January through June 2009, see our blog post from 12/16. For more on the July through December DUI arrests, see our blog post from 12/21.

8. 15-20 — According to the NHTSA publication “Young Drivers” (2009), motor vehicle accidents are the number one cause of death for young adults age fifteen to twenty.

9. 380 — according an NHTSA pamphlet called “alcohol impaired driving” (2008), drivers who operate vehicles with BACs of 0.15 percent or greater (it is illegal in California to drive with a BAC of 0.08%) are 380 times more likely to get into Los Angeles DUI crashes that result in death than are sober drivers.

To get effective and reliable help with your DUI charge — whether it’s a minor misdemeanor Southern California DUI or a serious injury charge — connect with a reliable lawyer today.

Published on: June 18, 2009

Lindsay Lohan Under Investigation for Grand Theft of Jewels in England

by Michael Kraut

Lindsay Lohan is being investigated for grand theft of the $400,000 worth of jewels from Dior she was wearing at her Elle Magazine photo shoot. Scotland Yard has been brought in to review the facts surrounding the lost jewels. The items, a diamond necklace and diamond earrings, were reported stolen right after she wore them on June 6, 2009.

According to sources close to the investigation, Lohan admired the jewels and asked if she could keep them. The jewels were not reported stolen for two days. At that time, Central London Police were notified.

Los Angeles grand theft crimes need to be defended by a Los Angeles grand theft defense attorney. People who are charged and convicted of a grand theft could be sent to prison for 3 years if the case is a felony. After release from prison, the person will be on parole and will have to be monitored. That is why if you or someone you know is being investigated for a South California grand theft crime, they should immediately hire a theft crime defense attorney who will handle the pre-filing investigation and assist that person early on even before the case is filed.

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.