Los Angeles Criminal Defense Attorney Blog

Published on: October 4, 2010

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

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 19, 2010

Los Angeles Man Could be Charged with Southern California DUI Murder

by Michael Kraut

Last Tuesday, an emotionally charged Southern California DUI trial got underway in Fullerton. The defendant, Angel Herrera Leal, stands accused of perpetrating a horrific fatal DUI accident on an Anaheim freeway.

According to news and police reports, in the early morning hours of December 27, 2008, Leal – who had been twice convicted for driving under the influence in Southern California (2005 + 2007) – drive several miles in the wrong way on the southbound lane of an Anaheim freeway. He eventually collided head on with a car driving the correct direction. The collision resulted in the death of one of the passengers in the southbound car – Rebecca Moon – as well as injuries to the driver, Jisun Park. (Park allegedly had also been driving under the influence that evening, and she was cited accordingly).

Prosecutors apparently will seek a Southern California DUI murder charge against Leal. The Deputy DA, Howard Gundy, claims that Leal had a BAC of 0.29%. (By comparison, the Southern California DUI legal limit is 0.08%). According to news reports, Leal had spent time in alcohol education classes — he was aware that driving while intoxicated could lead to someone’s death or serious injury. He was also operating on a suspended license.

Prosecutors seeking serious charges — such as Glendale DUI murder — must meet a serious burden of proof. Typically, if a driver kills someone while DUI, he or she can be charged with vehicular manslaughter or maybe vehicular manslaughter with gross negligence, depending on circumstances. The charge of DUI murder is even more serious than the vehicular manslaughter counts. In this case, the defendant had two priors and had completed an alcohol education course, so he should have deeply understood how dangerous driving DUI could be.

Designing a potent defense to charges of driving under the influence in Pasadena or Glendale (or wherever) can be tricky, even if the charges are far less serious and the police employed less than stellar technique. A smart, credentialed and experienced lawyer can make all the difference.

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: September 6, 2010

What to Do After Being Arrested for Los Angeles DUI

by Michael Kraut

Many articles about Los Angeles DUI tell you how to avoid getting into dangerous driving situations, how to handle the police at the scene, and even how to draft an effective legal contest to your charges. But very few resources out there tell you what to do — how to handle the stress, agita, confusion, and overwhelm that you feel — in the hours and days after your arrest. This blog post aims to help defendants take smart, active and resourceful steps to help with damage control.

1. Record what happened
The human memory is notoriously fluid and malleable. Although you may feel like that your Glendale DUI arrest will forever being burned in your mind, your memory has a way of warping events. If you cannot clearly and articulately recall what happened, you may not be able to put up your stiffest defense. To that end, write down precisely what happened as soon as you get home and get cleaned up. If you remember any officer quotes – things that might be helpful in constructing a defense – be sure to note those. Note time lines. If you were given a breathalyzer or blood test, note how that went. Write down the names of officers who arrested you, and so on and so forth. The more information you can get out of your head and onto paper right now, the easier it will be for your Pasadena DUI lawyer to help you strategize your defense.

2. Don’t delay taking action
For one thing, your California driver’s license could be suspended if you don’t try to contest your charges. Also, if you miss court dates or other key deadlines, you could face penalties above and beyond those stemming from your Southern California DUI.

3. Find an attorney ASAP
True, you can handle your own defense. But if you fail to put up the stiffest resistance to the charges against you, the consequences could be dire. Not only could you face jail time – sometimes much more jail time than the minimum 48 hours behind bars – but you could also face heightened court costs, stricter probation terms, a lengthier license suspension, and more mandatory alcohol school.

4. Steel yourself.

In the weeks and months ahead, you may have to go through difficult times as you relive your arrest and explain to family and friends what’s going on. Do your best to get perspective on what happened, and count your blessings that you are still alive. It is possible to recover from a DUI arrest and rebuild your life, become a safer, more mindful driver. It is going to take work and soul searching to figure out how you got to where you are now – and how to make improvements in your life.

As part of your battle strategy, you almost certainly want to get the help of an experienced Los Angeles DUI lawyer.

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 23, 2010

Another Mel Gibson Los Angeles DUI? Not Quite, But Still – More Bad Press for the Braveheart Star

by Michael Kraut

Actor Mel Gibson’s 2006 Los Angeles DUI arrest may have been the most notorious celebrity DUI arrest in history. The Australian actor allegedly went off on an anti-Semitic rant at the Malibu police station when he was brought in, and this tirade fueled weeks of media coverage. On August 16, Gibson made headlines once again for getting into motor vehicle related trouble in Malibu – this time, he drove his Maserati Quattroporte off a hillside in Malibu and dinged up his car. The police called to the scene found that the actor was not DUI in Southern California this time.

Gibson may face allegations that he hit and abused his ex-girlfriend (and mother of his child) Oksana Grigorieva. A series of taped conversations between Grigorieva and Gibson released on the website RadarOnline.com revealed the actor to sound like a deranged lunatic, in which he apparently admitted to hitting his girlfriend, and he threatened to burn her house down (among other unsavory things). Clearly, in the wake of the release of these obscenity laced tapes and this fresh reminder of his 2006 Los Angeles DUI, Gibson is not exactly having a blockbuster summer.

But his story does lead us to an intriguing question: what happens to a driver who is pulled over multiple times for driving under the influence in Southern California? Obviously, your penalties likely go up. But what influences those penalties, and what should a second or third time Los Angeles DUI offender expect?

First of all, you have to remember that if you are pulled over for driving under the influence in Glendale (for instance) several times, the court will take a slate of factors under consideration, including how and whether you cooperated with the police, how much over the legal limit of 0.08% your BAC was, and whether you hurt anyone or did any property damage – and if you did, whether you took responsibility or fled the scene (hit and run). Beyond that, a typical second time Southern California DUI offender will get jail time of between 4 and 10 days (first timers will get a mandatory 48 hours in custody), 18 months minimum DUI alcohol school (first timers will get maybe six weeks), a two-year driver’s license suspension (first timers will get a one year suspension), and an increase in court costs and fines – among other heightened penalties.

A third time offender will get a mandatory minimum of 120 days custody – that’s around four months. He or she will face a three-year license suspension and see even more significant hikes in court costs and fines. And again, this is really just scratching the surface – the circumstances of your Pasadena DUI will almost certainly inform your punishment. Another important factor will be the nature and strength of your defense. And since you can’t really control the court – or what happened with your DUI arrest – your best strategy is to work with an experienced DUI lawyer to cultivate and execute your best possible 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.