April 2009 Archives

The implications of driving under the influence of drugs or alcohol can reach far and wide.  Multiple DUI convictions can lead to enhanced punishment while the danger of not being in control of your senses can get innocent bystanders killed and land you in jail for a long time.  
Such were the cases of Jay H. Noffsinger and Michael Velardocchia.  Noffsinger, 47, was charged with past week with a felony driving under the influence offense in Ravalli County, Montana.  Noffsinger had been arrested on Sunday, April 26th, after county 911 dispatchers received reports of his erratic driving.  A Montana Highway Patrol Trooper noticed a strong odor or alcohol in Noffsinger's car when he pulled him over and found an open 24 ounce container of beer in the car.  Noffsinger refused to participate in the field sobriety tests that were requested by the trooper and he was then arrested.  
Noffsinger has had five prior DUI convictions in three different cities in Montana.  While Montana sentencing for DUI convictions may be different, in California, multiple DUI convictions leads to enhanced penalties.  For most people, the first DUI conviction would be classified as a misdemeanor offense and punished by fines, probation and potentially up to one year in a county jail.  In Noffsinger's case, four or more DUI convictions in a 10-year period would be punishable by fines, probation, license suspension for up to four years, and 6 months to three years in either a county jail or state prison.  Driving under the influence of drugs or alcohol is a very serious crime and California laws penalize it severely.
Driving under the influence is so dangerous, in fact, that people frequently die as a consequence.  Michael Velardocchia, 23, of Florida was sentenced to eight years in prison followed by 10 years of probation yesterday stemming from a 2007 incident involving DUI vehicular manslaughter.  Velardocchia was reportedly driving under the influence on February 21, 2007 when he hit a pedestrian.  Valardocchia's Ford Expedition overturned before he ran from the scene.  Police caught him shortly thereafter with the help of a canine unit.  Velardocchia pleaded guilty last week to DUI-Manslaughter and leaving the scene of an accident involving death.  
In Los Angeles, causing the death of another person, even while under the influence of drugs or alcohol, is also classified as a DUI Manslaughter and is charged as a felony offense.  A typical DUI Manslaughter conviction can land you in jail for up to four years, or, if gross negligence or extreme recklessness is proven, up to 10 years in a state prison may be handed down as punishment, in addition to long periods of probation and a criminal record that can limit your choices of career and employment.  
Driving under the influence charges can have serious, life-altering consequences.  Do not go through the legal process alone.  Call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away to see what your options are.  Their combined 50 years of courtroom experience will fight hard for you.

Los Angeles DUI defense attorneys represent various individuals who find themselves facing DUI related charges in Los Angeles.  Professional athletes, business executives, house wives and even law enforcement officials sometimes need a Los Angeles DUI defense attorney.
Los Angeles County Sheriff's deputy Robert Andrew Moran, 42, was convicted this past February of driving under the influence after crashing his department-issued Chevrolet Blazer into a two passenger car last year.   
Moran was reportedly headed southbound on Beach Boulevard at Garden Grove Boulevard in Stanton when he ran into the driver's side of a Mazda sedan.  The Mazda's driver, a 33 year-old male, and his 20 year-old female passenger sustained moderate injuries and were taken to a nearby hospital for treatment.  Tests showed that Moran's blood alcohol concentration was above the legal .08% limit.  Moran pleaded no contest to one charge of driving causing injury while driving under the influence of alcohol and no contest to one charge of driving with a blood alcohol level of more than .08% and causing injury.  Moran's sentencing hearing is scheduled for September 30th in Santa Ana.  
Penalties for driving under the influence cases vary widely depending on the facts of each case and the defendant's prior driving history.  DUI offenses are generally classified as misdemeanors, unless it is a person's fourth DUI charge in a 10-year period, or if another person is seriously injured as a result of the defendant's driving.  In those cases, the DUI charge is classified as a felony offense.  A conviction for a first driving under the influence offense carries a penalty of anywhere from 96 hours to one year in a county jail.  The judge in such cases also has the option of assessing fines from $390 to $1,000.  
If you or someone you know is currently facing charges of driving under the influence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Their combined 50 years of courtroom experience will guide you through the confusing legal process of DUI charges with a sure hand and fight for your freedom.   

Driving under the influence stops by Los Angeles police just got a little more complicated. Los Angeles DUI defense attorneys are taking a close look at a recent Supreme Court decision that may radically change Los Angeles DUI defenses. Legally, a police officer has to have what's known as "probable cause" to pull you over for driving under the influence of either drugs or alcohol. What that means is that he or she must actually see you driving badly or breaking some traffic law. They are not allowed to pull you over simply because you have a really nice car and you are young.

Up until recently, if a Los Angeles law enforcement officer arrested you for driving under the influence, he or she could also legally search your car for under the pretense that they where securing their safety. The thinking goes that if a suspect has a weapon of some type in the car, he or she may grab it and use it against the arresting officer. In the process of searching your car, if police found anything else inside, such as drugs, alcohol or actual weapons, their findings could be presented against you in court, making a conviction much more likely. Los Angeles DUI defense lawyers have seen cases turn from DUI arrests to weapons charges and more.

A recently decided court case, Arizona v. Gant, is going to change all that. Rodney Gant was arrested in 1999 after Tucson, Arizona police were tipped off that he was driving on a suspended license. They handcuffed Gant and sat him in the back of the police cruiser. They then proceeded to search the car he had just driven up in, which happened to hold a plastic baggie full of cocaine and a weapon. Gant was charged with possession of both drugs and drug paraphernalia and convicted. Gant appealed the decision, claiming that since he was already secure in the back of the police cruiser, he posed no threat to police officer's security and they should not have legally searched his car.

Sounds like splitting hairs, right? Well, Gant appealed all the way to the United States Supreme Court and they agreed with him. They overturned his three year prison sentence and set new legal precedence for police search and seizure. Now Los Angeles police can only search a suspect's car only if the suspect still has access to the car, or if police have "reasonable cause" to believe that the car has evidence relevant to the arrest. Los Angeles DUI defense attorneys have now another avenue to defend their clients, which will benefit may Los Angeles residents.

They cannot pull you over for a traffic violation and automatically search your car for drugs or alcohol unless they have a really good reason. Tiny details like this can mean the difference between a prison sentence and walking free. A good criminal defense lawyer knows that.

If you have been charged with driving under the influence of drugs or alcohol, call the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.

Los Angeles DUI Defense Attorneys have been keeping a close eye on various pieces of legislation being worked on in Sacramento. One such bill has countless Los Angeles DUI defense attorneys are up in arms.

The new bill that would introduce a pilot program in four California counties to install ignition interlock devices in the vehicles of people convicted of driving under the influence of drugs or alcohol was approved last Wednesday. California's Assembly Public Safety Committee touted the bill and its proposed technology has making "drunk driving increasingly preventable and gets offenders in the habit of sober driving," citing similar programs in various states that are said to have dramatically reduced DUI recidivism rates.

The pilot program would begin in 2010 in Los Angeles, San Diego, Sacramento and Alameda counties. Ignition interlock devices function similarly to breath analysis machines in that the driver must blow into a tube to have his or her breath alcohol content analyzed. If the driver's reading is above legal limits, the car will simply lock up and the driver will be unable to turn it on. If the breath sample analysis gives a reading within legal limits, the car's ignition will unlock and the driver is then free to start the car and drive. Several groups in the legal community believe the program is unreasonable, punishing people for crimes that have not yet, or may never be committed.

The program assumes that once a person is convicted of driving under the influence of drugs or alcohol, he or she will do so again and must be physically prevented from exercising poor judgment. The bill has been criticized for assuming guilt, which is quite contrary to the American justice system's "innocent until proven guilty" sentiments. Our legal system may be taking a fundamentally wrong turn with laws that assume guilt before a crime is even committed. Critics also argue that the program eliminates judicial discretion by punishing all DUI offenders the same, no matter their previous criminal records or driving history. This pilot program is just one more reason that if you are being charged with driving under the influence, you need a good attorney to fight for you.

Call the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.

Being charged with driving under the influence in Los Angeles can be a very complex and often confusing process. For that very reason, if you are facing DUI charges you need an experienced Los Angeles DUI defense lawyer with experience in dealing with driving under the influence cases. In Los Angeles, DUI cases typically involve a Department of Motor Vehicles hearing as well as criminal offense court proceedings.

The whole court process begins when a Los Angeles police officer pulls you over for driving recklessly or erratically. In Los Angeles, police must have a reason to pull you over. The police officer must observe bad driving such as swerving, running through stoplights or stop signs, speeding, or driving too slowly. Once pulled over, the police officer may administer one or several field sobriety tests, or take a breath sample to determine if you are intoxicated. Field sobriety tests and breath analysis tests must be administered according to strict procedures, so try to make mental notes about everything to discuss later with your lawyer.

If the police officer feels you are, indeed, driving under the influence of either drugs or alcohol, he or she will take your license, hand you a pink slip known as a Notice of Suspension and arrest you. The Notice of Suspension acts as a temporary, 30-day driving license while your DMV hearing and DUI trial are scheduled. You have 10 days from the time of your arrest to contact your lawyer and schedule a DMV hearing, which will reinstate your driving privileges until your DUI trial is finished. You may or may not be held in custody after your arrest, or released on your own recognizance.

Next in the court process, you will be arraigned. You and your lawyer will go before a judge in a Los Angeles courtroom where you will be informed of the charges against you. At this time, you and your lawyer will be able to enter either a guilty or not guilty plea. Your lawyer will be discuss this with you beforehand and recommend what he or she thinks is your best course of action. After the arraignment, pretrial motions begin. Your lawyer will either request to suppress certain pieces of evidence, or introduce evidence in your favor. Much of this is based on whether or not the police officer who arrested you followed proper procedure at the time of your arrest. Eventually, your DUI trial begins. Your lawyer and the prosecuting attorney will jointly select a jury and begin the actual trial. The trial is over when the jury has deliberated and come back with a verdict of either guilty or not guilty.

If you have been found guilty by the jury, the judge in the case will decide what kind of punishment you receive. Throughout this court process, a good Los Angeles DUI defense lawyer will keep you updated as to what is going on and prepare you for every step of the process. Being charged with a criminal offense is stressful, but knowing what is going to happen next can take away some of the anxiety. Hiring a good Los Angeles DUI defense lawyer to fight for you is the best thing you can do for yourself if you find yourself in such a situation.

The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP specialize in the aggressive defense of DUI - Driving Under the Influence charges resulting from drunk driving arrests throughout Southern California.

New laws in California are angering Los Angeles DUI defense attorneys because it puts an unnecessary burden on drivers. Los Angeles DUI defense attorneys have fought this bill, but chances it will pass.

A new bill is being debated in the California Assembly for Public Safety today that would introduce a pilot project in Los Angeles, San Diego, Sacramento and Alameda counties to install ignition interlock devices in the vehicles of convicted drunk drivers.

Ignition interlock devices are currently one of the most contentious points in the ongoing storm of public fury surrounding drunk drivers. Once installed in the vehicle, the device requires the driver to blow into a tube for a quick breath analysis before the vehicle can be unlocked and turned on. If the breath analysis yields a high enough (more than the legal .08% limit) reading of alcohol content, then the car simply won't turn on.

The pilot program would run from 2010 until 2015. Supporters of the bill, such as Mothers Against Drunk Driving (M.A.D.D.) and the Los Angeles Police Department, point to the device's successful use in other states as another way to combat driving under the influence of alcohol, claiming the device reduces repeat drunk driving offenses by as much as 64%. Opponents of the bill argue that the bill presupposes guilt on the part of convicted drunk drivers, which is, hopefully, not the way the American legal system treats people.

One of the problems with installing such a device, besides the inherent assumption that people will drive drunk again after a conviction, is that breath analysis machines (commonly referred to as "breathalyzers") are notoriously faulty. Even when operated by trained law enforcement officials, breath analysis machines need to be recalibrated often, may require limited temperature ranges to function properly and often give falsely high readings because of residual chemicals from previous tests.

Breath analysis machines also have non-specificity problems, often confusing chemical compounds that are non-alcoholic but similar in chemical structure with actual alcohol. Certain health conditions such as diabetes or fasting may also produce chemicals in a person's breath that breath analysis machines may confuse with the presence of alcohol. In some cases, even the alcohol in mouthwash may contribute to a falsely high reading.

For now, we will have to wait and see what California lawmakers do with the bill, but if you have been charged with driving under the influence, you need an experienced Los Angeles DUI defense attorney to help you wade through a complicated legal system.

Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to find someone on your side.

Los Angeles DUI defense attorneys understand that a simple DUI case can quickly spin out of control and land someone in jail for years. This is why Los Angeles DUI defense attorneys recommend contacting a qualified lawyer immediately upon any accident, DUI stop or any other legal situation.

Cleveland Browns wide receiver Donte Stallworth was charged with DUI manslaughter in connection with an incident in mid-March. Court papers filed in Miami on April 1st, reveal Stallworth hit a pedestrian, 59 year-old Mario Reyes, while driving with a blood alcohol concentration of .126, well above Florida's .08 legal limit, on his way home from a South Beach nightclub. While court papers were, indeed, filed on April Fool's Day, this is no joke for Stallworth. If convicted, he will face up to 15 years in prison for manslaughter, in addition to six months' possible prison time, fines and community service, which are generally given out as punishment for first-time driving under the influence offenders.

Stallworth released a statement last month saying he was "grief-stricken" over the incident. DUI manslaughter is when a car accident that results in the death of another person happens while one driver is under the influence of drugs or alcohol. In Florida an offense for such a conviction is considered a second degree felony and carries a minimum jail sentence of four years, so if convicted, Stallworth will certainly be in jail for some time.

Florida law also allows for added prison time if the defendant fails to give information or aid. Fortunately for Stallworth, he didn't panic and leave the scene, but stayed and was cooperative with police on the scene. In addition to jail time, if Stallworth has a Florida driver's license, it will be permanently revoked. Since Stallworth is part of the National Football League (NFL), he has also been placed on a strict midnight to 6 a.m. curfew and will submit to random alcohol and drug testing through the NFL's substance abuse program. Stallworth was released after posting $200,000 bail and is has been allowed limited travel between Miami and Cleveland. Driving under the influence can have serious, life-altering consequences.

If you have been charged with DUI, having an experienced attorney could keep you out of jail. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Let their combined 50 years of courtroom experience fight for you.

Los Angeles DUI cases are rarely cut and dried. Various factors may have led to a person choosing to drive while intoxicated, and only an experienced Los Angeles DUI defense attorney will sympathize with such a plight. A qualified Los Angeles DUI defense lawyer can help you through legal battles that would otherwise ruin your life.  Many individuals facing DUI charges in Los Angeles are simply going about their normal lives, or may even be facing a tragedy when a DUI arrest happens.

For example, Los Angeles Clippers star Zach Randolph is having a tough season. Randolph's father died in March and Randolph was recently arrested by Los Angeles police in the Culver City area on suspicion of drunk driving. In addition to his legal woes, Randolph was handed a two-game suspension by the Clippers. When police pulled Randolph over in a white Rolls Royce, they could smell alcohol in the car and administered a field sobriety test. No breath tests results have been mentioned, so it is likely he was not given a breathalyzer test. He was also suspended for two games earlier this season for punching a Phoenix Suns player during a game. Randolph was previously arrested Portland, Oregon in 2003 (while playing for the Trailblazers) when police smelled marijuana coming from his car.

The talented power forward has a long history of run-ins with law enforcement, including citations for underage drinking, prior arrests for driving under the influence and fights with team mates. Randolph has never actually served time in prison for any of these incidents, but it will be interesting to see if he can avoid it yet again. Under Los Angeles law, a second conviction within a ten-year period for driving under the influence of drugs or alcohol is punishable by a minimum of 90 days and a maximum sentence of one and a half years in a county jail. Depending on the quality of his lawyer and the evidence in his case, Randolph could likely walk away with probation and fines.

One interesting note here is that Randolph was not coming home from a club or some sort of wild party. He was reportedly driving from an acquaintance's condo to his own home just a couple of miles away. Being pulled over and arrested for driving under the influence can happen just that quickly. Bad judgment happens all the time to everyone from famous athletes, to politicians, to regular people.

Don't let a single bad decision land you in jail. If you or someone you know has been charged with driving under the influence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.

DMV hearings in Los Angeles that are DUI related are very tricky, and only skilled Los Angeles DUI defense attorneys who understand the process can effectively navigate the process.  The DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only.
Only the following issues will be discussed at a DMV hearing in Los Angeles:
If you took a blood or breath or (if applicable) a urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
• Were you placed under lawful arrest?
• Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
• Were you placed under lawful arrest?
• Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
• Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

Handling these types of issues with the DMV, which could affect your ability to take your kids to school, go to work and head to the grocery store, means you need a Los Angeles DUI defense attorney who understands the process and can guide you through it.
The 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.