June 2009 Archives

Los Angeles Dodgers relief pitcher Ronald Belisario was arrested for driving under the influence early last Saturday morning in Pasadena.  A highway patrol officer pulled Belisario over for talking on his cell phone while driving.  On further examination, officers at the scene suspected him of driving under the influence and placed him under arrest.  Belisario was later released after posting bail and reported to Dodger Stadium as expected for the team's game against the Seattle Mariners later that day.  No date has been set yet for Belisario's arraignment and Dodgers officials have not issued a statement regarding his arrest for driving under the influence.
Driving under the influence of either drugs or alcohol is not only dangerous, but also a criminal offense in Los Angeles, punishable by potential jail time.  Dealing with driving under the influence criminal charges are also doubly time consuming because there are actually two hearings that need to be scheduled:  a Department of Motor Vehicles hearing as well as criminal proceedings.  If you are arrested for driving under the influence of either drugs or alcohol in Los Angeles, your driving privileges are automatically suspended, but you have 10 days from the time of your arrest to schedule a DMV hearing. 
As many Los Angeles DUI defense attorneys will tell you, DMV hearing will determine whether or not you may have your driving privileges reinstated until after your DUI court proceedings have been completed.  If convicted of driving under the influence in Los Angeles, you could face the loss of your driving privileges, probation, substance abuse counseling, possible jail time or any combination of all four.  The severity of your penalty depends on a number of factors including your prior DUI history, how far above the legal limit your blood alcohol level is determined to be after chemical testing, or if you were speeding when Los Angeles police officers pulled you over. 
Multiple DUI convictions makes a jail sentence much more likely.  If you have been arrested for driving under the influence of either drugs or alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  In our more than 50 years of combined courtroom experience, we have used many different defenses in DUI cases and successfully defended many clients against DUI convictions.  Call us today to begin preparing your defense. 

A Los Angeles DUI incident injured two police officers in Studio City. The Los Angeles DUI incident involved a drunk driver rear ending a police car, causing a chain reaction.

Two police officers were treated at the scene and transported to Saint Joseph's Hospital in Burbank after complaining of back pain.  The driver who caused the accident was arrested for suspicion of DUI.

When a person is driving under the influence of alcohol or drugs and causes an accident which results in injury to another person, he or she may be charged with a felony DUI. If convicted, it is extremely likely that you will be imprisoned in a state prison.

Los Angeles DUI defense attorneys will tell you that car accidents involving DUIs can lead to serious prison time, especially if there are injuries involved.  Without a proper Los Angeles DUI defense attorney representing you, you are basically at the mercy of the courts and the prosecution.  Los Angeles prosecutors may attempt to "pad" their stats by convicting you of charges, regardless of your innocence.  You need a DUI defense attorney who will stand by you, fight for you and who won't be intimidated by prosecution tactics.

A Los Angeles DUI defense attorney can truly be the difference between jail time with heavy fines and complete freedom.  Whether you are facing Los Angeles DUI charges involving blood tests, breath tests, sobriety checkpoints or any other legal issue, the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin can be your best ally throughout the process.

Los Angeles is home to Hollywood, where movie stars, television stars and rock stars come to play.  This often leads to quite a few Los Angeles DUI cases, because celebrities like to drink and drive.

For example, rocker Jani Lane is facing a charge of driving under the influence (DUI) after he was involved in a minor traffic collision in Los Angeles on Wednesday.

The Warrant frontman, 45, was taken into custody by Los Angeles police following the crash in the San Fernando Valley. Officers suspected Lane was intoxicated and booked him at the Van Nuys station for a misdemeanor Los Angeles DUI charge.  Lane was still being held behind bars on $30,000 bail.

Los Angeles DUI cases can have a ripple affect through your life, impacting your work, your home life and more.  Los Angeles DUI defense attorneys, such as those at Kestenbaum, Eisner and Gorin, work hard to minimize the affects of a DUI arrest and allow you to enjoy your life.  Some major Los Angeles DUI penalties include limited driving privileges, locking devices on your car, jail time and heavy fines.
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. Our attorneys are Former Senior Los Angeles Prosecutors with more than 50 years experience litigating DUI charges in court and at DMV hearings.

Many of the misdemeanor cases in Los Angeles are comprised of citations for driving on a suspended license. For driving on a suspended license, an offender can serve up to six months in jail, and repeat offenders can serve more than a year in jail. In addition to these punishments, you can face fines, having your car impounded, being on probation, and more. And chances are, you will still be unable to drive.

In April of this year, Angels pitcher Nick Adenhart and his two friends were killed in an accident involving a driver who was driving on a suspended license. Andrew Gallo was not only driving on a suspended license, he was on probation, and had been ticketed for two previous traffic violations. While driving in Los Angeles on a suspended license, Gallo ended the lives of the three young people. Area lawmakers are currently reviewing new programs that would make it more difficult to drive on a suspended license, and particularly to protect the public from repeat offenders.

Gallo was charged with three counts of murder, driving under the influence and causing bodily injury, driving with a blood alcohol level above 0.08% and causing bodily injury, and fleeing the scene. Gallo faces a maximum prison sentence of 54 years and eight months to life. Gallo is scheduled to be arraigned June 8.

If you are currently driving in Los Angeles, your privilege to drive can be revoked if you are convicted of a DUI, if you get too many moving violations, if you have an outstanding warrant, if you fail to appear at court when you have promised in writing to be there, or for many other reasons. Driving without a valid driver's license is treated seriously by Los Angeles courts.

In order to prove that you were driving on a suspended license, your prosecution must prove that you knowingly drove while your license was suspended.

You may remember when Coolio was arrested last year in Los Angeles for driving on a suspended license. He was pulled over for having an expired registration, but it was discovered that he also had an outstanding warrant and an expired license. Paris Hilton was also allegedly caught driving on a suspended license. These cases were noted by the press because of celebrities' involvement. If you have been charged with driving on a suspended license, you need to protect yourself from the negative attention and publicity that can accompany the charges. Make the call that will protect your future! Contact our nationally-recognized Los Angeles DUI attorneys by phone 877-781-1570 or email.

Los Angeles DUI roadblocks, or Los Angeles sobriety checkpoints, are sometimes set up on a public road by police to stop all vehicles, or to stop vehicles according to a specific pattern, to check drivers for driving under the influence.
The United States Constitution says that unreasonable searches and seizures of U.S. citizens are prohibited, which may cause people to question the legality of these checkpoints. In one case, the Michigan State Supreme Court found these roadblocks unlawful. But it became a split decision, whereby the U.S. Supreme Court concluded that properly conducted checkpoints are legal. It still stands as a split decision - eleven states do not abide by the U.S. Supreme Court's decision. These states consider Los Angeles DUI checkpoints unlawful. However, the California Highway Patrol has set up organized Los Angeles Sobriety Checkpoints in order to "diminish the amount of pain, suffering and death that result from drunk driving." The State of California has deemed these checkpoints legal.
Despite the fact that there are legal Los Angeles sobriety checkpoints, there are a number of situations in Los Angeles that constitute unlawful police stops. The legality of police stops can be contested not only by the driver, but by the passengers in the car. Each person has the right to challenge the constitutionality of the police stop. If you think you were pulled over because of your appearance, ethnicity, or just to see if you have been drinking, you may have been the victim of an unlawful police stop. Unlawful DUI stops often occur in areas around clubs or bars during the late night and early morning hours. If you were pulled over without providing probable cause, you may have reason to fight your charges.
Probable cause for an officer to pull you over include behaviors such as speeding, swerving or driving recklessly, ignoring traffic signs or lights, or driving too slowly. You may also be stopped at an established Los Angeles DUI sobriety checkpoint. In order for your traffic stop to be legal, the police officer must prove that you were pulled over for a valid reason, or probable cause.
A DUI conviction can cost up to $7,000 or more in fines and penalties, DUI education, storage fees, and insurance costs. Of course, you can also be jailed, put on probation, and have your license suspended. If you believe you were the victim of an unlawful police stop, you need the help of Kestenbaum Eisner & Gorin LLP to plan your defense. Call (877) 781-1570 today to fight your unlawful police stop in Los Angeles today.

No matter how wealthy and powerful you are, a DUI fatality will lead to prison time.  Vehicular manslaughter is a crime that many Los Angeles DUI defense attorney defend on a regular basis.  A Los Angeles vehicular manslaughter case may involve various elements, such as expert testimony, scientific analysis and more.
Donte Stallworth, one of the best wide receivers on the Cleveland Browns football team, will spend 30 days in prison for his role in the death of a pedestrian.  Cleveland Browns wide receiver Donte' Stallworth took full responsibility for killing a pedestrian while driving drunk in Florida and began serving a 30-day jail sentence after he pleaded guilty to DUI vehicular manslaughter.
Stallworth faced 15 years in prison for the vehicular manslaughter crime. After his release from jail, Stallworth must serve two years of house arrest and spend eight years on probation.  The NFL has said it will review the matter for possible disciplinary action. Lyons said the plea agreement will allow Stallworth to resume his football career.
Stallworth also must undergo drug and alcohol testing, will have a lifetime driver's license suspension and must perform 1,000 hours of community service. Lyons said after five years, Stallworth could win approval for limited driving such as for employment.
Vehicular manslaughter is an extremely serious criminal charge and requires an experienced Los Angles vehicular manslaughter attorney. Sometimes a vehicular manslaughter charge is accompanied with a misdemeanor dui or felony dui charge.
The Los Angeles vehicular manslaughter attorneys at Kestenbaum, Eisner & Gorin, LLP are skilled in defending charges of vehicular manslaughter caused by DUI. This crime is charged as a felony and can carry a state prison sentence of up to 10 years, depending on the specific situation. If you have been charged with or arrested for vehicular manslaughter, our DUI attorneys can help. When you contact our offices for a consultation, you will talk to an attorney who can answer your questions and help you understand your options from this point forward. If we work with you on your case, our attorneys will fight to help ensure you do not go to prison.

Los Angeles DUI defense attorneys often face an uphill battle when defending clients against DUI charges, especially when DUI blood tests are involved.  A DUI blood test can be inaccurate and cause a variety of problems, something most Los Angeles DUI defense attorneys understand.
Several months ago, the San Diego Chargers' wide receiver Vincent Jackson was arrested by the California Highway Patrol under suspicion that he was driving under the influence. The officers allegedly saw him drive erratically. Officers first tried to administer a breathalyzer test, but Jackson was administered the blood test after the officer's breathalyzer test didn't work. Police said he failed the sobriety test. Jackson also has a previous DUI charge from 2006. He has pleaded not guilty to the current DUI charges.
During a Los Angeles DUI blood test, a sample of blood is taken from the driver, which can measure the amount of alcohol in his or her blood. This type of test can identify traces of any substance ingested, and is purported to be very accurate. They are usually more accurate than breathalyzers. However, errors can be made in transportation, storage, and administration of the DUI blood test.
You can refuse to take Field Sobriety Tests and Preliminary Alcohol Screening tests that happen before an arrest. However, if you are arrested, you shouldn't refuse the chemical test you are asked to take after your arrest. If you refuse this test, consequences can be more severe than if you cooperate.
When taking a chemical test, your options are to either take a breath alcohol test or a blood test. There are pros and cons to each test. The breath test is less accurate, which could result in a false reading on your blood alcohol content. Also, since the officer knows your blood alcohol content right away, his report can be written to fit the results of the breath test. However, because of the breath test's lack of reliability, it is also more contestable in court, and can sometimes be dismissed.
In general, DUI blood tests are considered more accurate. The results of the test are not immediate, so the arresting officer must complete his report before he knows your blood alcohol content, so the report cannot be tailored to fit the results of the test. However, if your blood alcohol level is actually high, the blood test is more likely to get an accurate reading of your blood alcohol content, making the results difficult to refute.
If you, like Vincent Jackson, have taken a DUI blood test, you should have the help of an experienced DUI attorney. Contact the lawyers of Kestenbaum, Eisner & Gorin LLP to support and defend you from the charges you are facing.

It seems like a common celebrity woe is news coverage of Los Angeles DUI charges. The media has publicized the celebrity DUI cases of Mel Gibson, Paris Hilton, Nicole Ritchie, Heather Locklear and others, announcing their arrests, and sometimes their antics, to the public. Now Lori Petty can be added to the list of celebrities busted in the Los Angeles area for DUI charges.
Petty is most widely recognized for her roles in films during the 90's. She was in A League of Their Own, Point Break and Tank Girl. She has also recently guest-starred in television shows such as House and Prison Break. Her latest role, as a drunk driver, was not as glamorous as previous roles.
On May 30, she was pulled over by Los Angeles-area police for suspicion of driving under the influence, and was booked with a felony Los Angeles DUI charge. Her arraignment is set for June 25th.
Of all criminal charges filed in Los Angeles county, DUI charges are one of the most common. Punishment for DUIs can include fines, alcohol education programs, suspension of your driver's license, and jail time. Of course, Los Angeles DUI convictions can raise insurance premiums as well.
Even if you have never been a Los Angeles DUI offender, the above punishments can apply. Unfortunately, DUI charges can also stay on your record for seven years or more. All this just proves that California takes Los Angeles DUI offenses seriously. If you have prior Los Angeles DUI convictions, or you've had an accident or been pulled over for speeding while under the influence, the results can be even worse.
The California Vehicle Code outlines DUI as driving a vehicle while:
1)    being under the influence of any alcoholic beverage or drug (or combination of alcohol and drugs), or
2)    having 0.08 percent or more alcohol in your system (by weight)
So if you meet or exceed the legal limit, 0.08 percent, of alcohol in your system, you can be charged with a DUI. But even if you don't meet the legal limit, if you are not safely operating your vehicle while you have alcohol and/or drugs in your system, you can still be charged with a DUI.
If you've been charged with a DUI in the Los Angeles area, you need to protect yourself from losing your license, being fined, and spending time in jail. The law offices of Kestenbaum Eisner & Gorin LLP can protect your rights with their years of defending those being charged with DUI offenses. Call (877) 781-1570 to find out what you can do to fight your charges.

In a recent article in the Wall Street Journal, the poor use and poor understanding of blood alcohol content was exposed for being a sham.  "It [blood alcohol content] is...poorly understood even by the most sober minds...complicating matters, people's alcohol-metabolism varies, as does the relationship between their breath alcohol - which is usually measured - and their blood alcohol," wrote the WSJ reporter.
For years, Los Angeles DUI defense attorneys have tried to expose the inaccurate links between breath-alcohol content and blood-alcohol content.  However, courts, prosecutors, MADD and other groups are unwilling to recognize the truth.  Breath-alcohol content can be altered by various factors, many of which have nothing to do with beer or wine.  In fact, it has been proven that breath-alcohol and blood-alcohol content don't always have anything to do with each other.  
Despite all of this, police and California highway patrol continue to arrest people for DUI throughout Los Angeles.
Blood-alcohol content in California must be below .08% while driving, otherwise you are guilty of a DUI.  However, blood-alcohol content (or BAC) can have completely different affects on people due to their weight, height, recent meals or other factors.  
Our skilled DUI attorneys at Kestenbaum Eisner & Gorin LLP are aware of all of the issues affecting the validity of your blood test, and will identify them before litigating your case in court. We have obtained the dismissal and reduction of DUI charges throughout Southern California because we pursue an aggressive courtroom defense. We are available 24/7 for an immediate consultation.

DUI charges are bad no matter who they happens to. But DUIs can impact your life even more if it is not your first offense. Dealing with prior DUI convictions in Los Angeles is a job best left to a professional.
Not only do insurance companies and police remember your prior convictions, apparently your peers remember them too. At Spike TV's recent Guys Choice Awards in Los Angeles, Brad Pitt reminded Mel Gibson of his 2006 DUI arrest. Pitt quoted part of Gibson's alleged rant against the arresting officer, when he thanking Gibson for presenting him with an award by saying, "thanks, sugar t***." Some things just keep coming back to bite you. If you have been arrested for DUI charges, and especially if you have prior DUI convictions, you should do everything you can to fight the charges.
According to the law, an arresting officer is required to have a probable cause in order to arrest you. Did you have an accident, or did police officers or other drivers see you driving in such a way as to suggest that you were under the influence? If so, chances are the arresting officer suggested that you take a field Sobriety Test (FST), which you have the right to refuse taking. The officer should have also read you your Miranda Rights, treated you fairly, and should not have exercised excess force while arresting you. If you have prior DUI convictions, you want to think through every aspect of your arrest, looking for procedures that may not have been done by the book.
If you took a blood, urine, or breath test for your alcohol, several specific issues will be covered in court. You can prepare for your hearing by asking yourself if the following protocols were heeded:
1)    Was there reasonable cause for the officer to believe you were violating Vehicle Code 23140, 23152, or 23153?
2)    Were you arrested lawfully?
3)    Did you have more than 0.08 percent blood alcohol by weight (or 0.05% if  you're under 21 years old)?
When dealing with serious DUI matters, it is best to have an experienced attorney on your side. The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP can help you protect your driving privileges. Especially in cases where prior DUI convictions are on record, it is best to have an attorney contact the DMV to schedule a hearing with them, which must happen within ten days of your arrest.
If Los Angeles police have charged you with a DUI, protect yourself with the help of The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP. They are available at 877-781-1570, and they will help you take the steps necessary to fight the charges you are facing.