Punishment

Published on: October 11, 2010

Bribing an Officer with a Grilled Cheese? Would It Work for a Los Angeles DUI Suspect?

People pulled over for Los Angeles DUI often do absurd things – sometimes comically absurd.

A breaking report out of Marion County, Florida illustrates just the lengths to which certain people will go to try to stay out of trouble. A 65-year-old grandmother, Elsie Wright O’Conner, got pulled over in town for DUI, after an officer noticed that she had been driving erratically. The officer found an empty bottle of vodka in her car… along with a second half empty bottle of vodka. He tested O’Conner and found that she had a BAC over three times Florida’s legal limit. This did not dissuade the suspect from begging for clemency.
She allegedly told the deputy: “Come on now, I’m a grandma. Can you do something for me since I am not that bad? I could have brought you back to my house and made you a grilled cheese sandwich.”

Unfortunately for the 65-year-old, the deputy did not take her up on the offer. Instead, he arrested her and charged her with DUI. According to records from the Marion County Sheriff’s Office, the grandma had been convicted of a DUI count back in 2007. It’s understandable that she would do anything in her power – including offering up a fresh grilled cheese sandwich – to avoid getting charged with DUI a second time. Indeed, if you are hit with multiple counts of driving under the influence in Pasadena (or elsewhere in Southern California), your penalties can go up – way up.

Let’s take a closer look at how California law treats recidivist (repeat) Los Angeles DUI offenders.

If you are arrested for a Pasadena DUI, you will generally be charged with a misdemeanor. The court can impose punishments like: a fine of $1,000 on top of court costs, a one year CA driver’s license suspension with no restricted license option, formal probation, six weeks minimum of California DUI alcohol school, a mandatory installation of an interlock ignition device (IID), and 48 hours in custody minimum – with a maximum of full six months behind bars.

And that’s just for your first offense!

If, within 10 years, you get convicted twice for DUI in Southern California, you can face increased jail time, increased alcohol school, a longer license suspension, stricter probation terms, more fines and steeper court costs. If you are pulled over for three or more DUIs within a 10-year time period, the court can ratchet up your punishments again and even charge you with a felony for what ordinarily might be a misdemeanor. A felony charge is significantly more devastating – convicted felons often face longer prison sentences as well as chronic problems, such as difficulty getting loans and finding gainful employment.

So what should you do if you have been pulled over for driving under the influence in Los Angeles for second, third, or fourth time? Your choice of lawyer can make a huge difference for your outcome. Many defendants have found that being represented by an attorney who used to be a prosecutor can be a big plus.

Published on: October 4, 2010

Highway Loss Data Institute Study on Texting-While-Driving Bans Indirectly Shows Flaws in Los Angeles DUI Policies

by Michael Kraut

An exclusive report issued last week by the Highway Loss Data Institute (HLDI) about the efficacy of bans on texting-while-driving may have powerful implications for Los Angeles DUI policy.

The HLDI study examined rates of accidents in Louisiana, Washington, Minnesota, and California both prior to and after the implementation of laws banning driving while texting. Although studies by places like Virginia Tech and the National Highway Traffic and Safety Administration have pretty convincingly shown that texting while driving radically increases the risk of accidents, the HLDI data counter-intuitively revealed that the laws banning texting while driving had no effect — or maybe even had a negative effect — on safety.

Ray LaHood, the US Secretary of Transportation, issued a scathing response to the study, pointing out that pilot programs in Hartford, Connecticut and Syracuse, New York both showed that driving while texting bans combined with active enforcement can work to get accident rates down.

An article in Discover Magazine, “Texting While Driving Bans Increase Crashes, Study Says; Rumpus Erupts,” tried to square the circle by suggesting that the pilot programs were fundamentally different from the across-the-board state bans. The article said: “the problem is that we are talking about apples and oranges… it’s not hard to imagine a small pilot program… achieving those reductions in texting while driving. Neither is it hard to imagine that across the country, where officers have many other simultaneous priorities… the effect [of the bans] could be mixed or negligible.”

So bringing this back to questions about Los Angeles DUI process and policy… one implication here is that policymakers need to be very careful — more careful than they usually are — to make sure that their policies yield intended results. Obviously, everyone wants to reduce incidences of driving under the influence in Burbank, Beverly Hills and elsewhere in the Southland. The question is: how do you do that? How do you respect the rights of both drivers who might be subject to risk as well as the rights of people accused of Burbank DUI?

This brouhaha over the efficacy of texting while driving bans suggests that we collectively need a more creative and data-driven approach to solving our freeway problems. So many different factors cause problems on the road, some of which we can control (such as whether we consume drugs or alcohol or not or whether we text in the phone or not) and some of which we can’t (such as the incredibly knotty Southern California traffic).

To bring this back to a practical discussion… if you or somebody you care about has been arrested for driving under the influence in Los Angeles, you need someone who understands Los Angeles DUI law on both a practical and a theoretical level.

Published on: September 27, 2010

Another Charge for Raven’s Coach Moeller has Los Angeles DUI Sports Analysts Talking

by Michael Kraut

While celebrity Los Angeles DUI cases get the lion’s share of the headlines (for examples see: Paris Hilton, Lindsay Lohan, Mel Gibson, Chris Klien, etc), sports stars who drive DUI have been making the news a lot recently.

The Baltimore Ravens’ Assistant Coach, Andy Moeller, is one of the latest sports celebs to get charged with a serious DUI offense. His September 21 bust came just a few days before Jets wide receiver Braylon Edwards’ DUI arrest. According to news reports, the 46-year-old coach got pulled over on the Baltimore Beltway early morning Saturday. The police charged him with seven different violations, including DUI. Moeller is no stranger to road related arrests. In December 2007, when he was an offensive line coach at Michigan, Moeller got arrested for DUI. He also still continues to deal with the legal fallout from a May 2010 arrest for DUI and negligent driving. Although he got acquitted of charges stemming from that arrest, Moeller has faced more intense scrutiny from colleagues, fans, and reporters in the Los Angeles DUI celebrity blogging community.

When someone like Moeller gets pulled over for driving under the influence in Pasadena (or wherever) the police will often look for “symptoms” of DUI. These may include (but will not be limited to) the following:

• Bloodshot/bleary looking eyes
• Slurred speech
• Lack of coordination, stumbling
• Incoherent story telling
• Aggressive behavior
• Inappropriate emotional reactions to police questions
• Odor of alcohol on the person or in the car/vehicle
• Admission to having consumed alcohol
• Lack of balance
• Acute symptoms, such as vomiting or losing consciousness
Just because you demonstrate symptoms that you have been DUI in Pasadena (or wherever), however, doesn’t mean that you actually were – or that you should suffer the consequences, which can include jail time, fines, probation, license suspension and much more.

Indeed, a Los Angeles DUI attorney may analyze your case and find that the so-called DUI symptoms actually stemmed from fatigue, from improper police observation of your behavior, or even from an undiagnosed disease or condition. For instance, it’s well known that diabetics can blow “false positives” into breathalyzer machines because ketones and other chemicals in their breath can register as alcohol. All this is to say that, if you stand accused of a crime like Glendale DUI or Pasadena DUI, you should talk over your options with a qualified and resourceful Southern California lawyer.

Published on: September 13, 2010

Another Los Angeles DUI Bust for Paris Hilton? Not Quite – This Time It’s Cocaine in Vegas

by Michael Kraut

Celebutante Paris Hilton’s 2006 Los Angeles DUI made headlines around the globe. The billionaire heiress was sentenced to 45 days behind bars for violating her probation, and she served her jail time on June 3, 2007 – just after she finished attending the MTV Movie Awards. Her subsequent release on June 26, 2007 attracted hoards of paparazzi and other star watchers and turned her Los Angeles DUI event into one of the stories of the year.

Although Ms. Hilton attempted rehabilitation, this summer has been pretty rough for her. During the World Cup in South Africa, Hilton got detained by local authorities for allegedly possessing marijuana – she was later exculpated when authorities discovered that another person in her coterie had been smoking. More recently – on August 27th – Hilton got busted for cocaine possession in Las Vegas near the Wynn Casino. Paris had been a passenger in a Cadillac Escalade driven by her boyfriend, Cy Waits, who got pulled over by the police. As Hilton waited, she removed lip balm from her purse, revealing a small but not insignificant amount of cocaine right in front of the officer. Hilton was booked for cocaine possession at the Clark County Detention Center and released the next day. Her boyfriend, Waits, got charged with driving under the influence of drugs and/or alcohol (allegedly marijuana).

According to California Vehicle Code section 23152 (a), if you drive under the influence of drugs or alcohol in Burbank (or wherever in California), you can be charged with a significant crime. The drugs can be illegal – e.g. cocaine or marijuana – or even over-the-counter prescription drugs. Although an officer will not likely give you a breathalyzer test for a Burbank DUI drug case, you may be asked to submit a urine or blood sample to be chemically analyzed.

Although all Los Angeles DUI drug cases are serious – and penalties can include everything from jail time to mandatory drug and alcohol classes to suspension of driving privileges – a qualified and experienced Southern California DUI attorney can often break down the prosecution’s case against you. For instance, the so-called science used to identify someone as under the influence of drugs can be attacked using a number of different strategies and tactics.

Published on: August 29, 2010

Disturbing Southern California DUI Charge – Suspect Beat His Girlfriend While on DUI Rampage

by Michael Kraut

Driving under the influence in Southern California is — in and of itself — an extremely dangerous and perhaps even deadly thing to do. But a Mill Valley man by the name of Scott Lindner has been arrested not only for Southern California DUI but also for allegedly assaulting a female passenger while smashing his 2010 Honda Accord into a variety of objects during what can only be described as a DUI rampage.

The couple had been arguing at Marin County’s Olema Campground, when they got into Lindner’s 2010 Accord. The 22-year-old Lindner crashed his car into a parked truck and then slammed into a metal pole (part of a propane tank enclosure), causing his 20-year-old female passenger to get thrown from the car and suffer injuries. For whatever reason, the woman got back into the car with Lindner, and they peeled off down Highway 1. Throughout an 8-mile drive, Lindner continued to hit his passenger, hurting her more. His rampage finished at Sir Francis Drake Boulevard, when the Accord plowed into a curb and came to a stop blocking the eastbound lane of traffic. CHP officers quickly arrived and arrested Lindner for felony traffic charges. Lindner’s passenger was taken to a nearby hospital. Investigating officers found that Lindner had been on parole with the State’s Department of Corrections, and the CHP released a statement that said the Lindner was back on parole hold.

This disturbing case gives us an opportunity to discuss the difference between a “standard” non-injury Los Angeles DUI and an injury DUI. A non-injury charge might be prosecuted pursuant to California Vehicle Code Sections 23152(a) and 23152(b); but an injury Pasadena DUI will be charged according to two different sections, California Vehicle Code Sections 23153(a) and 23153(b).

Essentially, the injury subsections of the CVC stipulate that an ordinary misdemeanor DUI charge can be elevated to a felony if the driver hurts another person in the course of operating a vehicle while DUI. A felony is a much more serious charge than a misdemeanor. It carries stricter penalties. Convicted felons lose the right to vote and face a much more difficult road back to normalcy. Felons have a harder time securing loans, leasing cars and apartments, getting jobs and generally readapting to life after the conviction.

So if you have been charged with an injury DUI in Glendale or elsewhere throughout the Southland, it’s in your interest to explore your options for best legal defense.

Published on: August 16, 2010

Celebrity Los Angeles DUI Bloggers Buzz about Former Bachelor Contestant’s Arrest in Tampa

by Michael Kraut

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.

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.

Published on: August 9, 2010

Los Angeles Healthcare Fraud Experts Weigh in on Breaking Case Out of Miami

by Michael Kraut

Last week, two former operators of a Miami Clinic pled guilty in Federal Court to multiple counts of submitting false claims, committing fraud, and paying kickbacks, prompting a wide ranging discussion among Southern California medical fraud policy wonks.

Jose Nogueira and his brother Rolando Nogueira operated a clinic for AIDS patients called T&R Rehabilitation Professional Corp. They allegedly bilked the government for services that they didn’t provide – particularly expensive HIV infusion services. In April, the government handed down an indictment against the brothers, and they fled the U.S. But the long arm of the law caught up with them. They got apprehended and brought back to Miami for trial for Medicare fraud amounting to over $13.7 million. A sentencing hearing has been scheduled for the 5th of November, and each brother faces a maximum of 40 years in prison for the multiple counts.

Los Angeles Medicare fraud, insurance fraud, credit card fraud, and other white collar crimes can result in massive jail sentences, steep fines, and other grievous penalties. Southern California healthcare fraud is charged according to Insurance Code Section 1871.4 as well as Penal Code section 550. Healthcare employers can also be charged under Labor Code section 3700 and Penal Code section 818. If you are convicted of Southern California healthcare fraud, you can face jail time, loss of your medical license, major court costs and fines, and forced restitution to insurers or Medicaid or Medi-cal.

Published on: August 2, 2010

Southern California Medical Fraud Experts React to Tampa Bust

by Michael Kraut

Los Angeles medical fraud analysts are closely following a breaking story out of Tampa that may have broader implications for white collar crime prosecution. The Hillsborough County Sheriff’s office staged a raid on a local medical rehabilitation clinic on July 16th and arrested four people in conjunction with an alleged scam to bilk insurers by staging fake car crashes.

The four people busted – Jacqueline Rosales, Sugeidi Serrano, Juan Martinez, and Ernie Azucey — will face charges of managing a racketeering influenced corrupt organization – a.k.a, a RICO. Essentially, according to reports, the individuals staged car crashes and then submitted claims to insurance companies for non-existent damage and medical bills.

If you or a loved one faces a similar charge of Southern California white collar crime, you may have a difficult time formulating an effective defense. After all, charges of Los Angeles insurance fraud, Southern California credit card fraud, racketeering, and medical fraud of any kind tend to be multifaceted, dynamic, and extremely complicated. Unless your attorney has experience dealing specifically with your kind of case, you may struggle to be able to come up with an appropriate response to the charges. In short, you could face jail time and other unpleasant punishments.

Published on: July 26, 2010

Southern California White Collar Crime Blogs Weigh in on Massive Medicare Bust

by Michael Kraut

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

This constituted the largest bust of its kind in history.

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

Published on: July 19, 2010

Southern California Medical Insurance Fraud Operation Nets 10 Convictions

by Michael Kraut

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

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

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

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

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

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

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