March 2009 Archives

Throughout Los Angeles, countless DUI stops happen every day, and some of them end worse than others. Los Angeles DUI defense attorneys are not just your last line of defense against drunk driving charges, but they may also be your only chance to stay out of prison. While police are investigation a DUI, you or the police may act in an unfortunate manner, and the ensuing chaos could lead to a felony charge, tremendous fines and years in prison.

For example, in Sylmar, police were following a vehicle near Glenoaks Blvd. suspecting the driver was committing a DUI crime. Police say the suspect's vehicle crashed and two men got out of the car and started shooting at the officers. The officers returned fire, but say no one was hit. One man who allegedly shot at police officers is still at large today, but another suspect is in custody.

An unlawful police stop will sometimes result in a DUI arrest and charges filed in court. If this has happened to you, our DUI law firm will defend the violation of your constitutional rights. When demonstrated in court, an unlawful stop may result in your case being dismissed or your charges dropped. The DUI attorney must prove that the traffic stop was unreasonable, in violation of prevailing statutes and case law.

Anytime police officers pull you over, they must have reasonable cause to believe you are committing some sort of crime. When you are stopped for DUI, the officer must have first observed some type of behavior that would cause one to reasonably suspect the driver was under the influence of alcohol or drugs. This behavior may include:

• Swerving
• Speeding
• Driving recklessly
• Driving too slow
• Ignoring traffic laws
• Taking a corner too quickly
• Ignoring a stop sign or traffic light
• Weaving repeatedly within your lane or between lanes
• Driving without your headlights off after dark
• Another vehicle code violation

This type of behavior provides "reasonable cause" for an officer to pull you over. Oftentimes, officers may not have reasonable cause to stop you, rather they stop you on the chance you have been drinking - which is unconstitutional and violates your rights. These stops may occur at specific times, especially on holidays or after 2 a.m., when most bars and clubs throughout Los Angeles close. Also, officers may "cherry-pick," or patrol, areas surrounding bars and clubs at closing time, selectively stopping cars without sufficient legal cause.

One possible punishment for a DUI conviction in Los Angeles is being forced to install an interlock system on your car. An ignition interlock system is a sophisticated system that tests for alcohol on a driver's breath. It is a device that requires a vehicle operator to blow into a small handheld alcohol sensor unit that is attached to a vehicle's dashboard. The car cannot be started if a BAC is above a predetermined level (usually .02 to .04 BAC).

Throughout the country, interlock systems are being employed by state legislators as a way to prevent repeat DUI offenses. Many Los Angeles DUI defense attorneys have to fight for their clients when the courts are threatening to use this defense.

For example, Pennsylvania lawmakers are debating legislation that would provide ignition interlocks for first-time DUI offenders.

Robert Voas of the Pacific Institute for Research and Evaluation told a state House committee that he supports ignition interlocks for first-time DUI offenders, citing statistics that the chances of an over-the-limit driver being apprehended are just 1-in-88 or longer.

There are many technology related businesses which attempt to sell their products to the states in an attempt to stop DUI crimes. From breathalyzer machines to interlock systems, Los Angeles DUI defense attorneys have to not only prove the innocence of their clients, but how faulty technology can be.

Kestenbaum Eisner & Gorin, LLP has over 50 years experience in litigating DUI charges. Our DUI defense law firm is available for an immediate consultation seven days per week.

DUI trials in Los Angeles can be complicated, especially if you don't know or understand Los Angeles DUI laws or court proceedings.  For example, many people don't even know bail can be had during a DUI trial.  Los Angeles DUI defense lawyers regularly counsel individuals on matters such as bail in a DUI trial, and can be called upon to handle any and all DUI defense issues.

DUI arrests in Los Angeles can result in the accused remaining in custody until he/she posts bail.  Following a Los Angeles DUI arrest, drivers are either cited and released or held until bail is posted.  Bail in a Los Angeles DUI case is just like any other criminal case, although judges in DUI cases sometimes add additional terms and conditions, such as attending AA meetings. 

In most instance, a drunk-driving arrest in Los Angeles will result in being released on our own recognizance (OR) and the accused won't have to post bail at all.  DUI suspects are usually held for a number of hours and then released when the arresting officer is confident about the person's sobriety.

However, Los Angeles DUI arrestees are sometimes required to post bail, even where the offense is a misdemeanor DUI.  Most likely, these cases will arise when someone refuses to submit to a chemical testing or where there is a blood alcohol level (BAC) that is .15 or higher.  Also, if there is an accident or injury involved, bail may be required.

Any felony DUI cases in Los Angeles will certainly require bail, which is set depending on the type of crime.  Generally, felony DUI arrests will require bail of up to $100,000.

Los Angeles DUI penalties are severe, but there are ways to deal with DUI convictions in a way that could help clear your record.  Los Angeles DUI defense lawyers, such as those at Kestenbaum, Eistner & Gorin, do their best to find as many possibilities as they can to keep you driving your car.

Being convicted of driving under the influence of drugs or alcohol (DUI) can carry many penalties. Depending on the circumstances of each individual case jail time, heavy fines, loss of driving privileges, probation and alcohol rehabilitation may be handed down as punishment. Many DUI cases in California also assign DUI traffic school.

For most people, traffic school is a way to keep their insurance premiums lower after a traffic violation. If you have been convicted of driving under the influence of drugs or alcohol, however, you may be required to take a Los Angeles DUI traffic course before your driving privileges are reinstated. The coursework will not erase the conviction from your criminal record, nor will it take the point off of your driving record, but may be given as a mandatory condition of your punishment.

Along with whatever fines you may be expected to pay as a result of a DUI conviction in Los Angeles, you must also pay for the DUI traffic class yourself. A DUI traffic class is a defensive driving class that is somewhat comparable to regular traffic school, but the emphasis of study is more on the ways that drinking or taking drugs affects your ability to drive and what both substances may cause you to do once you get behind the wheel of a car. The class may also examine your patterns of drinking and/or drug use to develop a plan of action to reduce your potential for further DUI incidents.

DUI traffic courses range in length depending on the severity of your particular case and your prior record. For a first time offense, you might be required to complete three months of coursework. Classes for repeat offenders can last up to 18 months. In some states, such as Kansas, repeat DUI offenders are eventually required to attend a drug or alcohol abuse treatment program instead of more DUI traffic courses.

If you have been charged with DUI, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Their combined 50 years of courtroom experience will help guide you through the labyrinthine legal process to ensure the best possible outcome for you.  They can also provide you with a list of DUI traffic classes that can help you get back behind the wheel as quickly as possible.

Hollywood often portrays underage drinking as a humorous activity, but any Los Angeles DUI defense attorney will tell that it's a major hazard and can lead to serious consequences.  DUI defense lawyers in Los Angeles represent so many underage DUI defendants that it's almost an industry unto itself.

While drinking alcohol before the legal age minimum of 21 years of age may be a common enough occurrence, it is still illegal and may still involve a criminal charge. Los Angeles has a zero tolerance law for underage drinking and driving. What that means is that while the legal threshold for a driving under the influence charge is a blood alcohol concentration of .08% or greater, if someone under the age of 21 is found to have a blood alcohol concentration of just .01%, they can incur a driving under the influence charge.

In addition, the defendant in this case would also likely face an automatic one-year suspension of their driving privileges in addition to whatever other penalties they are given as punishment for the infraction. Age becomes an interesting factor in criminal offense charges. Typically, minors who commit a variety of crimes are subjected to a slightly different legal system than are adults.

The juvenile court system tends to focus more on rehabilitation from criminal or otherwise illegal behavior instead of outright punishing defendants as an adult legal system would. The juvenile court system is not any more lenient in its convictions, it simply believes that minors exhibiting bad behavior can be corrected and learn to make better decisions. In the case of underage drinking and driving in Los Angeles, if the defendant's blood alcohol concentration is over the legal limit of .01%, but under .05%, the infraction is usually charged as a civil violation, which tend to carry less severe penalties. If the defendant's blood alcohol concentration is over .05%, then the defendant may be charged with a criminal offense. Underage drinkers in Los Angeles caught driving are also legally required to submit to field sobriety tests, breath tests or blood tests to determine blood alcohol levels.

Adults in similar situations may decline these tests altogether. Minors between the ages of 13 and 20 who are caught drinking in Los Angeles (even if they are not driving) will also see their driving privileges delayed an extra year. Dealing with an underage drinking-related crime can be a confusing and complicated process. An experienced criminal defense attorney is necessary to guide you through the process.

If your underage child has been charged with a drinking-related crime, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away to ensure the best possible outcome for you and your child.

One area of DUI cases that frustrates Los Angeles DUI defense lawyers is breath tests.  Breathalyzers usually employ faulty science and many courts don't allow too much criticism of these machines.  Los Angeles DUI defense attorneys know, however, that focusing on this technology during a defense can be a major help to those accused of DUI in Los Angeles.

How inaccurate can breathalyzer machines be? Very. Breath analyzer machines, more commonly referred to as breathalyzers, utilize technology that purports to measure and estimate blood alcohol concentration (BAC) based on a breath sample. While many law enforcement officials, prosecutors and judges utilize these tests in convicting people suspected of drunk driving, breathalyzer machines have recently come under serious scrutiny because of the inaccuracy of their readings.

To begin with, a BAC reading, whether from a breathalyzer machine or an actual blood test (which is the most accurate, but also most invasive method of testing for BAC) only measures the amount of alcohol in a person's blood stream. It does not actually measure the level of a person's intoxication. Most people are familiar with the concept that newer drinkers, or people who rarely drink, can become intoxicated with a seemingly small amount of alcohol as their body has no familiarity with it and therefore no resistance to it.

People who consume alcohol on a more regular basis, however, have developed a certain tolerance to it and actually require more alcohol consumption in order to meet the legal definition of intoxication. Leaving this point aside, breath analysis machines have also been known to give false or inaccurate readings of BAC for a variety of technical reasons. Breath analyzers can be extremely sensitive to temperature and must be recalibrated often to ensure an accurate test. Ambient air temperature can also significantly change a BAC reading.

Los Angeles law enforcement officials may be advised of this in the machine's operating manuals, but on a busy night with little time to stop and recalibrate a machine, errors in readings can and occur. Breath analyzer readings can also vary at least 15% from actual BAC. Critics of breath analyzer usage estimate that as many as 23% of subjects giving breath samples gave readings that were higher than their actual BAC levels.

Another technical problem that many breath analyzer machines have is non-specificity. Most breath analysis machines look for the presence of ethanol, or ethyl alcohol, in a person's breath sample. The problem of non-specificity occurs when the machine finds chemical compounds in the breath sample that mimic the chemical structure of ethanol and mistakes these compounds for real alcohol, thus giving a false reading. Certain health conditions such as fasting and untreated diabetes have also been known to be mistaken by breath analysis machines as alcohol when, in fact, the subject had consumed no alcohol.

Common mouthwashes and sprays can also contribute to falsely high breath analysis readings since they actually contain alcohol as well. Breath analysis machines have had so many problems that in the state of South Dakota, breath analysis machine readings are not even admitted in court as evidence of drunk driving. Instead, evidential proof of wrong doing rests solely on blood samples as the most accurate method of determining BAC levels. An experience criminal defense attorney knows just how inaccurate breathalyzer testing can be and will thoroughly examine the facts in your case to fight for the best possible outcome for you.

The Los Angeles DUI lawyers at Kestenbaum Eisner & Gorin, LLP will work to develop a courtroom strategy to contest the validity of the breath test that was used to determine your blood alcohol concentration.

Being pulled over by a law enforcement official while driving can be an intimidating experience, especially if you have been drinking. When a Los Angeles DUI defense lawyer takes a DUI case, they usually have to review what went wrong during a DUI stop.

While it is not a crime to have a few drinks and then eventually drive yourself home, it is a criminal offense to drive while still under the influence of alcohol or while intoxicated. If you have been stopped on suspicion of driving under the influence, especially of alcohol, here are 5 things Los Angeles DUI defense lawyers would want you to keep in mind:

1. TheLos Angeles officer pulling you over must have a reasonable suspicion of a crime being committed. The Fourth Amendment to our Constitution makes it illegal for law enforcement officials to pull people over for no reason at all. In the case of DUI, the officer must have seen you driving erratically or dangerously before he or she pulls you over. If there is no evidence of impairment, then the officer made an unlawful stop.

2. The Los Angeles law enforcement officer must have a reasonable suspicion of you being intoxicated to charge you with driving under the influence of drugs or alcohol. Make sure that all your movements are precise and controlled. When asked for your driver's license , proof of insurance and vehicle registration, control your nerves and do not fumble around looking for them. Doing so may make you appear intoxicated or otherwise incapacitated.

3. The officer who pulled you over may perform a battery of test known as Field Sobriety Tests (FSTs) to determine if you are impaired or intoxicated. The National Highway Traffic Safety Administration has developed specific guidelines as to how these tests are to be administered, and if they are not administered correctly, FST results may not be admissible evidence in a court hearing against you. Many law enforcement vehicles have a dashboard-mounted video camera that will record you interaction with the officer. Bear in mind that many FSTs results are also highly subjective in nature. Balance and memory, which are both often tested as indicators of sobriety, can be impaired by things other than alcohol such as being tired or ill.

4. Breath analysis machines can often give inaccurate readings. Many breath analysis machines must be recalibrated often for them to function correctly. They are also, at best, an estimate of the level of alcohol in your bloodstream. The most accurate way to determine your blood alcohol concentration (BAC) is with a blood test. You may politely decline a breath analysis test and request a blood test if you choose.

5. Be polite and calm! Many, many times an officer may decide to give you a pass if you are polite and do not appear to be intoxicated. Being silly, loud, belligerent, rude or extremely nervous will only make the officer more suspicious.

Take notes on what happens when you have been pulled over by a law enforcement official. Many cases are lost and won in the details. Law enforcement officials have very specific guidelines as to how they can charge you with DUI and what kind of evidence they can use against you in court. An experienced Los Angeles DUI defense attorney will fight for the best possible results.

The Los Angeles DUI Defense Lawyers at Kestenbaum Eisner & Gorin LLP understand firsthand the problems of proof prosecutors frequently encounter in proving DUI charges, because they have personal experience prosecuting DUI cases as former lawyers for the Office of the Los Angeles City Attorney and the Office of the Los Angeles County District Attorney. 

Los Angeles DUI defense attorneys will strongly urge their clients to pay close attention to the penalties for DUI convictions.  Usually people think that a DUI conviction in Los Angeles will simply result in a slap on the wrist, however Los Angeles judges have come down hard on DUI defendants lately, and only a qualified Los Angeles DUI defense lawyer can assist in keeping you out of jail and in your car.

It has become unpopular lately to be seen as "soft" on people charged with Driving Under the Influence (DUI). Because of the efforts of organizations such as Mothers Against Drunk Driving (M.A.D.D.) to raise public awareness of the dangers that driving while intoxicated or under the influence of alcohol can pose to the public at large, politicians, local law enforcement and those in the legal community are arresting, convicting and punishing more people than ever. M.A.D.D., with its nearly prohibition-style stance even hands out awards to police officers that write the most DUI and DWI citations. Legislators in Los Angeles and the rest of California have drafted ever-tougher penalties for those convicted of DUI and DWI, and prosecutors and judges have jumped on the collective bandwagon and begun doling them out. How much prison time can you serve for a DUI or DWI conviction? Depending on the case, years.

One of the easiest ways to stick convicted Los Angeles DUI offenders with tougher penalties is through sentence enhancements. Sentencing enhancements serve to increase whatever penalties are eventually assessed through factoring in other criteria. Prior convictions in a DUI case make a big difference. Drunk driving is generally assessed as a misdemeanor offense, but having three or more prior convictions of DUI within the past ten years will make a fourth offense a felony, punishable by time in a state prison. Having a blood alcohol concentration of .15% or higher, as well as refusing to submit to a chemical test also carry enhanced penalties if a conviction is reached.

Speeding, reckless driving and carrying a passenger in the car under the age of 14 all also warrant enhanced penalties. Accidents that involve damage to another person's property or bodily injury to another person while driving under the influence not only merit tougher sentences, but are also generally classified as felony offenses. For first time offenders that don't meet the enhanced sentencing criteria, heavy fines and alcohol education classes may be imposed as punishment, but the option of up to one year in a county jail is available depending on the circumstances of the case.

For felony cases of DUI that involve the death of another person, up to 10 years in a state prison can be handed down as punishment for a conviction. Being charged with a DUI can easily be a life-altering experience. A good criminal defense attorney with extensive experience in DUI and DWI cases can help you safeguard your future.

The Los Angeles DUI attorneys at Kestenbaum, Eisner & Gorin, LLP have experience will all types of DUI charges and penalties. We will do whatever we can to help you receive alternative or lessened sentencing or have your DUI charges dropped altogether. We have included a DUI penalty chart for your convenience, so you can see what approximate charges you may be facing.

Hiring a Los Angeles DUI defense attorney experienced in handling Driving Under the Influence (DUI) cases is the single most important thing you can do for yourself if you have been charged with DUI.

All too often law enforcement officials become overzealous in citing drivers for DUI. In February two men who had been issued tickets for DUIs filed suits against the city of Chicago and the officer who cited them claiming the officer had written bogus tickets in order to wrack up over-time pay through court appearances. In 2007 a separate Chicago police officer was investigated for failing to follow proper procedure during his DUI citations, including failure to administer a field sobriety test.

In the wake of the officer's investigation, 50 separate charges of DUI were dropped and nearly 500 more were left in question. This past February a Rhode Island man was given a DUI citation while riding a bike. The fact that the two primary methods of determining whether or not a driver is, in fact, under the influence of alcohol or drugs, field sobriety tests administered by a policeman and breathalyzer tests, are inherently flawed and unreliable has yet to be addressed by law enforcement officials. In a confusing and often intimidating legal world, a good DUI defense attorney knows to look for details like this to help you attain the best possible outcome for your case.

Field sobriety tests, commonly referred to by officers and DUI defense lawyers as "FSTs" can be any one or combination of a dozen physical tests administered by an officer after pulling over a driver suspected of DUI. Some of the most common are standing on one leg, walking a straight line and nystagmus (an officer asks a subject to follow an object such as a pen with their eyes). Since studies by the National Highway Traffic Safety Administration have determined the above three tests as the most effective in determining a driver's sobriety (or lack thereof), many states have adopted them as the standard battery of tests.

Los Angeles law enforcement agencies, however, have largely ignored these recommendations and many officers may still administer whichever FST they prefer. The problem with many FSTs, even the above three, is that they are largely subjective and can be difficult for many sober people to pass. Extenuating factors such as minor illnesses or tiredness can give many people trouble with balance and memory. The extent to which someone pulled over on suspicion of driving under the influence "passes" or "fails" these arbitrary test is also at the sole discretion of the law enforcement official on the scene.

Breathalyzer testing can also be extremely unreliable, as any competent DUI defense lawyer knows. Most breathalyzer machines work by attempting to detect ethanol, or ethyl alcohol, in the breath. The problem here is that the breathalyzer machine will detect any one of a number of chemical compounds that are similar in chemical structure to ethanol, but are not, in fact, alcohol at all. Medical conditions such as untreated diabetes, fasting, dieting and even certain types of bread products can all cause chemical compounds in the breath that can be misinterpreted by breathalyzer machines as ethanol, contributing to a falsely high blood alcohol reading.

If you have been charged with DUI, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away to begin preparing your defense.