July 2009 Archives

Any Los Angeles DUI defense attorney will tell you that a sobriety checkpoint can lead to serious problems for any motorist, but there are ways to fight the charges.  For example, if the police to not announce that there will be a Los Angeles sobriety checkpoint, than a Los Angeles DUI defense attorney can fight any charges which stem from such a checkpoint.  The police must both announce the checkpoint and set up the sobriety checkpoint in a place where there is an alternative route.
For example, the police posted an announcement in the South Bay Daily Breeze announcing that there would be a sobriety checkpoint in Carson on July 24th.  Without such an announcement, anyone arrested for DUI could easily be defended by a skilled Los Angeles DUI defense attorney who knew what he was doing.  There is also important protocol for any police officer to follow during the sobriety checkpoint, and if a Los Angeles DUI defense attorney can prove the officer was prejudiced in any way, it could lead to an acquittal for the defendant.
Field sobriety tests, or FSTs, are designed to determine the presence of physical and mental impairment caused by a person being under the influence. Our DUI lawyers know, however, that these tests are not always very accurate nor conclusive. Many clients often feel that they passed the FSTs, despite the officers arresting them. Our DUI firm understands that the purpose of the field sobriety tests is for police officers to make a preliminary determination as to whether he or she will arrest you for drunk driving. If the officers believe that you failed the FSTs, they will arrest you and take you back to the station for chemical tests such as blood or breath testing to determine your actual blood alcohol concentration, and whether or not you are in fact DUI.
Los Angeles DUI sobriety checkpoints are often a tool to protect people, but when they overstep their bounds, only a knowledgeable Los Angeles DUI defense attorney can adequately look out for your best interests.  You may not know all the laws, restrictions and guidelines governing a Los Angeles DUI sobriety checkpoint.  At the law offices of Kestenbaum, Eisner & Gorin, our skilled team can not only represent you, but possibly get the charges completely thrown out.  With years of experience on our side, we can provide an excellent DUI defense.  Contact us today!

Did you know that law enforcement has a competition every year to decide who has pulled over the most DUI suspects?  Los Angeles actually came in second in the state for DUI arrests and procedures.  During a week-long competition between various counties and cities throughout California, DUI arrests for the three-week year-end campaign were up 85 percent over the previous year, rising from 84 to 153.  And that's just in Monterey Count! Statewide, the campaign tied for the honor with Fresno County's Avoid the 21 effort. That county's population is more than double that of Monterey County.
Imagine being arrested, charged and convicted of a Los Angeles DUI charge, just so the county could win a competition. The officers and law enforcement agencies seemed to value their competition over constitutional rights and the fact that a DUI charge could change a person's life forever.
Los Angeles DUI Defense
At Kestenbaum, Eisner and Gorin, our Los Angeles DUI defense attorneys are skilled at defending Los Angeles DUI charges.  There are many drunk driving defense techniques which can be employed during a case.  A drunk driving defense may include calling into question the validity of the breath and blood test technology used by the officers.  Blood tests are more accurate than breath tests, but neither is an absolute and a skilled Los Angeles DUI defense attorney could use either to your advantage. 
Drunk driving defense could also call into question the procedure and attitude of the police officers involved.  If an officer did not have probable cause to pull you over, or if the police conducted an unlawful police stop, they could both be used in a drunk driving defense.
All in all, you must have a qualified, experienced Los Angeles DUI defense attorney working with you to successfully defend your case.  If you choose to defend yourself, or if you use a public defender, you are sure to have a much worse outcome than if you use a Los Angeles DUI defense attorney for your drunk driving defense.  Contact the DUI defense attorneys at Kestenbaum, Eisner & Gorin today.

Long time professional wrestling bad guy "Rowdy" Roddy Piper plead innocent to a Los Angeles DUI charge following his arrest in Hollywood.  The wrestling icon and B-movie star was arrested on July 2nd and charged with one misdemeanor count of driving under the influence, and one count of driving without a valid license.  If Piper (real name Roderick George Toombs) is convicted, he could be facing up to six months in jail and a one thousand dollar fine for the Los Angeles DUI charges. 
Los Angeles DUI defense attorneys regularly defend people who face Los Angeles DUI charges such as these.  The consequences can be serious, and any Los Angeles DUI defense attorney will tell you that the court process can be tricky.  Without a DUI defense attorney by your side in a Los Angeles court, the prosecution, and possibly even the judge, may have a field day with you.  Los Angeles DUI defense attorneys work aggressively to make sure their clients are well represented. 
The DUI Court Process can be tricky because the terms used, the procedure and the fines may not make sense to the average person.  For example, a $1,000 fine is in truth a much higher dollar amount, because there are taxes added to this amount which can double or triple it.  There is also a DMV hearing involved to decide whether or not you can keep your license, an arraignment, pretrial motions and much more.
The DUI court process can be confusing unless you have excellent legal counsel working with you.  The Los Angeles DUI defense attorneys at Kestenbaum, Eisner and Gorin are highly skilled in defending and representing anyone facing the Los Angeles DUI court process due to a DUI arrest.  Our attorneys are skilled and experienced with the DUI court process, as well as with surrounding DUI issues.  Contact us today!

For most people, spending even a day in jail for any charge is serious.  Many people don't realize that a Los Angeles DUI charge can lead to more than just a fine or a license suspension; even celebrities can spend time in jail over a Los Angeles DUI arrest.
Jani Lane, the former lead singer of the band Warrant, will have to spend two days in jail after pleading "no contest" to a misdemeanor DUI charge in Woodland Hills.  Lane was charged for both a DUI and a hit and run in Woodland Hills, when he hit a parked car last month.  This Los Angeles DUI charge will find Mr. Lane spending 48 hours in jail.  After he gets out of jail, Lane must serve 36 months probation, do three months of alcohol education classes and complete 30 days of Caltrans road work. He also has to pay over $395 U.S. (about $ Canadian) in fines. Should he fail to pay, he will have to serve a further 13 days in jail.
Jani Lane was the front man for Warrant for over fifteen years and was attempting to go solo until an alcohol addiction caused him to check into rehab.
Los Angeles DUI defense attorneys often represent people like Mr. Lane who find themselves in difficult situations after a battle with an addiction.  However, unlike Mr. Lane, if someone charged with a Los Angeles DUI goes to prison, they could lose their job, respect in the community and more.  Rock stars are almost expected to get into terrible situations and get arrested, but they do not exactly work 9-5 jobs.  The average person who has responsibilities and background checks cannot afford to spend even an hour behind bars.
If you have been arrested and charged with a Los Angeles DUI crime, the Los Angeles DUI defense attorneys at Kestenbaum, Eisner and Gorin might be your new best friend.  Their years of experience and successful track record has helped numerous clients stay out of prison and with their families.  If you are convicted of a Los Angeles DUI, it could lead to losing driving privileges, jail time, heavy fines and more.  Contact our Los Angeles DUI team today.

If you are stopped for a DUI in Los Angeles, it is important to remember that you are innocent until proven guilty and you do not have to plead guilty.  A Los Angeles DUI defense attorney will aggressively fight for your freedoms and rights in court, but it's important to follow certain steps if you are indeed pulled over.

• The first thing you should do at a Los Angeles DUI stop is be polite and pleasant with the officer.  Don't think you can just yell at an officer without any repercussions.  Any Los Angeles DUI attorney will tell you that obeying the officer's commands and politely responding to his or her questions will help down the road.
• Be careful with the questions you answer.  If an officer asks you questions during your Los Angeles DUI stop, you must remember that "anything you say can and will be used against you in a court of law."
• It is important to remember that you are obliged to take any blood tests or breath tests the officer offers you.  If you refuse, you could be in danger of losing your license on the spot.
• Immediately contact a competent Los Angeles DUI attorney.  If you are pulled over at a Los Angeles DUI stop, you should immediately contact a Los Angeles DUI defense attorney once the officer pulls away.  Do not wait too long, or you may forget vital details.

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.
If you or a loved one has been pulled over at a Los Angeles DUI stop, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin.  Our decades of combined experienced and successful track record of winning cases has helped many people charged with a Los Angeles DUI.

Many Los Angeles DUI defense attorneys have had to represent celebrities, athletes and politicians who were arrested for a Los Angeles DUI.  Police are often on the lookout for DUI drivers, and if you do not have a qualified Los Angeles DUI defense attorney representing you, it could cost you money, community service time and even jail time.
For example, star college football player Anthony Dixon was cited for driving under the influence this past Saturday night in Mississippi. The senior running back at Mississipi State University was observed by local law enforcement officers to have been driving his silver Chevy Impala through several parking spots on the right side of the street before he was pulled over.
When the arresting officer approached the vehicle, he found two bottles of champagne in the back seat while Dixon himself had slurred speech and bloodshot eyes.
Dixon refused to take a breath test and was also cited for driving carelessly and lacking proof of liability insurance. If convicted, Dixon could face up to 48 hours in jail, the suspension of driving privileges and fines of as much as $1,000. The Mississippi State University football program has yet to make a statement as to how they may punish Dixon.Los Angeles laws can be far harsher in the case of conviction for driving under the influence. For instance, a first time DUI offender in Los Angeles could spend anywhere from three days to six months in a county jail upon conviction. Every case is different, however, which means different penalties. Injuring another person or damaging property while driving under the influence could lead to a longer jail sentence, higher fines, or other penalties, with fines ranging from $390 to $1,000.
In Los Angeles, your driving privileges can also be suspended for a minimum of four months. In Mississippi, the first driving under the influence offense could see your driving privileges suspended for just 90 days. Both states, however, have implied consent refusal laws. While you are not legally required to submit to chemical testing in Los Angeles at the time of your arrest, your license will be suspended for up to one year if you refuse testing. If your DUI case goes to court, the fact that you refused chemical testing cannot be taken to imply your guilt. If you have been arrested for driving under the influence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Let our combined 50 years of courtroom experience in defending against DUI charges fight for you.

A Los Angeles DUI may have severe penalties, even if the crimes are minor.  And it's important to remember that for the average person, even a few days in prison could radically change your life.
A Los Angeles DUI charge, even if it is a misdemeanor DUI, could lead to a jail sentence.  For most working people, just one day in jail could interfere with their job, future career prospects, their credit score, and much more.  One day in jail could be looked at by employers or lenders as a serious black mark, especially if you are in a white collar job. 
For example, the coach of the UT Austin baseball team was pulled over for a DUI recently and spent four days in prison.  Obviously, four days is not a long time, but this is a 70-year-old baseball coach who is also the winningest coach in college baseball history.  Not exactly the kind of individual who would spend time in a prison unnoticed. 
A Los Angeles DUI conviction could lead to one day in jail, ten days or quite a bit more for a felony DUI.  Los Angeles DUI crimes are to be taken seriously, no matter how seemingly minor they may be, and the utmost care should be taken to avoid any serious penalties. 
You have to ask yourself the following question, "If I was convicted of a Los Angeles DUI and spent a week in jail, how would that affect my job, my standing in the community and the rest of my life?"  The consequences could be dire, and in the age of the Internet, you may never escape such a charge.
Contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin today if you or a loved one has been charged with a Los Angeles DUI.  Our fifty plus years of experience will serve you well if you are up against Los Angeles DUI charges.

Los Angeles DUI defense attorneys know that most DUI crimes are charged as misdemeanors, not felonies.  However, certain Los Angeles DUI crimes are charged as felony DUI and can carry serious, life changing repercussions.  Felony DUI crimes can lead to years in prison, crippling fines, driving restrictions, loss of license and much more.  If you are charged with a felony DUI in Los Angeles, you need a qualified Los Angeles DUI defense attorney.
Felony DUI crimes include:

• Being charged/convicted of your fourth or subsequent DUI
• Being under the influence and getting into an accident which injures someone in the other vehicle

In such cases, you can be charged with manslaughter should there be a death.  In fact, in one such case, a young man's life may pretty much be over due to a felony DUI.
A young man was arrested and charged with felony DUI after hitting and killing three bicyclists, one of whom died at the scene.  The young man was allegedly driving wildly, weaving in and out of lanes, hitting medians, hitting a chain linked fence and then running through an intersection in Santa Clarita.  The young man allegedly plowed into a group of ten bicyclists from Santa Clarita, hitting three of them, and then sped off. 
Police investigated and found the truck with markings that linked the driver to the scene of the crime.
If you or a loved one is facing felony DUI charges, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin, LLP is a Southern California criminal defense law firm that has been rated to be in the top 5% of U.S. law firms year after year, by Martindale-Hubbell, a nationwide lawyer review organization. Our DUI lawyers have over 50 years experience in criminal defense, including felony DUI cases.

Dina Taurasi, a basketball star for the WNBA's Phoenix Mercury, was cited for driving under the influence of alcohol on Thursday of last week in the early morning hours.  Phoenix police initially pulled Taurasi over for speeding, but when the officer approached Taurasi's car, he or she smelled alcohol.  Taurasi was given several field sobriety tests, then driven to a mobile DUI van where she gave a blood sample.  Taurasi was cited by police then released.  Phoenix authorities have not released her blood sample results, and WNBA officials have not yet commented on the case. 

While Phoenix law may differ somewhat, Los Angeles laws regarding driving under the influence of either drugs or alcohol are quite stringent.  Los Angeles law enforcement agencies vigorously prosecute DUI cases and penalties for a driving under the influence conviction get more severe with every case.  In general, for a first offense with no prior criminal history, a DUI conviction might garner probation and a suspension of driving privileges.  Other factors such as speeding or how much higher your blood alcohol concentration is than the .08% legal limit might increase the penalties.  Having a prior history of driving under the influence convictions virtually ensures a jail sentence of some length, as well as court-ordered alcohol counseling.  Each DUI case is different, though and each sentence is based on a number of individual factors.  While the majority of driving under the influence cases in Los Angeles are classified as misdemeanor offenses, multiple prior driving under the influence convictions, having a blood alcohol concentration of more than .20% or the injury of another person while driving under the influence could potentially bump your case up to a felony classification, making jail time a much more likely outcome.  Your defense options, however, are not as limited as you might believe.  Field sobriety tests are not always as accurate an indicator of a driver's sobriety as Los Angeles law enforcement would have you believe.  Breath analysis has likewise been proven time and again as an unreliable method of determining a person's blood alcohol concentration. 

If you have been cited with driving under the influence of either drugs or alcohol in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our combined 50 years of experience in defending against DUI charges will fight for you. 

Los Angeles DUI defense attorneys work tirelessly to represent people who are charged with a DUI after a field sobriety test.  No one is exempt from such tests, not even celebrities.

Former "Three's Company" star Joyce DeWitt was cited for driving under the influence of alcohol following a field sobriety test administered after the actress was stopped Saturday in El Segundo.  DeWitt, who played Janet Wood on the popular 1980s sitcom, was observed by officers at a police barricade to be exhibiting signs of drinking.  DeWitt was booked at the local police station then released on her own recognizance. 

Field sobriety testing is one of the most contentious points in cases of driving under the influence, particularly in Los Angeles.  Any experienced Los Angeles DUI defense attorney will tell you that field sobriety tests, commonly referred to as FSTs, are some of the most inaccurate ways to determine the level of sobriety of a driver.  Some common field sobriety tests administered by Los Angeles police include walking a straight line and turning, standing on one leg while counting, reciting the alphabet, and the horizontal gaze nystagmus test in which the administering officer asks a subject to follow an object or light with just their eyes.  The major problem with these types of tests is that they are inconclusive and completely subject to the administering officer's judgment.  Lack of sleep or minor ailments such as cold or flu can easily make someone less alert and able to focus than normal while common ear infections can seriously affect a person's sense of balance. 

In many cases, people arrested and cited for driving under the influence of either drugs or alcohol feel they passed the field sobriety tests given to them, but the decision to cite for DUI is left only up to the Los Angeles police officer on the scene.  The only certain way to determine if someone is driving under the influence of either drugs or alcohol is to test the blood alcohol content in a blood sample.

If you have been cited for driving under the influence of alcohol or drugs following a field sobriety test, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Do not let your reputation become tarnished by highly subjective field sobriety tests.