September 2009 Archives

The difficulties of Mel Gibson's life have been publicized widely over the years, and his battle with alcoholism is known to many.  However, while Mr. Gibson's actions may not be worth emulating, Los Angeles DUI defense attorneys see some great lessons to be learned from Mr. Gibson's impending DUI expungement case.

Mel Gibson was pulled over and charged with a DUI three years ago.  As part of his sentence, he was to complete a 3-year probation period which included specific terms.  These terms most likely included community service, attending meetings and other mandates from the court.  As a result of successfully completing his probation, Mr. Gibson's attorney is requesting a DUI expungement, which essentially wipes the slate clean as far as the courts are concerned.  A DUI expungement removes the particular conviction in question from the defendant's record - for good.

A Los Angeles DUI defense attorney can successfully obtain a DUI expungement if the person convicted of a DUI crime successfully fulfills the requirements of his/her probation.  In the case of a DUI expungement, you withdraw your "guilty" or "no contest" plea and the court dismisses your case. From that point forward, you can honestly and legally deny your criminal record in most job interviews and background checks.

Clearing your DUI record is a complex process, but a skilled Los Angeles DUI defense attorney can help you achieve just that.  A DUI expungement will protect you from being guilty of "multiple DUI" offenses, should you be pulled over in the future, and will keep that portion of your record from being brought up any future legal action.

You may be eligible for a DUI expungement, but only a skilled Los Angeles DUI defense attorney can help you achieve it.  If you or someone you love has been convicted or charged with a DUI, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin today at 877-781-1570.  Our skilled DUI expungement cases is unrivaled.

Police and criminal prosecutors take DUI very seriously, and, across the country, law enforcement agencies are cracking down with more DUI checkpoints and increased field sobriety testing.  One of the biggest challenges for any Los Angeles DUI defense attorney is dealing with the various types of sobriety tests available to law enforcement.  Breath tests, blood tests and general sobriety tests all have their pitfalls, but they provide law enforcement officials with the "proof" they need to convict someone of a DUI.  Every test, whether it is a field sobriety test, a breathalyzer test or a blood test, has the possibility of returning a false positive.

A number of medical conditions or other factors can increase the chance of a false positive on a DUI test.  For example: one DUI defense attorney claims that many Angelenos arrested for DUI could in fact be innocent, victims of a mistake due to their medical condition.  A diabetic with hypoglycemia--low levels of sugar in the blood--can exhibit many of the same physical symptoms as someone who is under the influence of alcohol: slow or slurred speech, poor balance, impaired motor control and disorientation.  In other words, a diabetic who is stopped at a sobriety checkpoint or pulled over by the police may look and behave like a drunk driver.  Furthermore, people with diabetes have a chemical in their breath which can cause breathalyzers to register high blood alcohol concentrations.

Breathalyzer technology--while it is an invaluable DUI test to police officers--can malfunction like any other technology, resulting in false test results.  There are many possible reasons, from smokeless tobacco to close contact with paint or paint thinner, that a breath test could register a false positive.  Without the representation of an experienced DUI defense attorney, you could potentially be convicted on the basis of a simple mechanical error.

Anyone who is facing or has faced prosecution for a DUI test understands the importance of retaining an LA DUI Defense attorney who will pursue every possible avenue in your defense.  LA DUI Defense Team's skilled DUI defense attorneys will examine every aspect if your case, including the possibility of an incorrect test result or breathalyzer malfunction. 

A very important California vehicular manslaughter DUI case saw a judge offer a surprisingly lenient sentence to a man who was found guilty of causing the death of his friend. 

Los Angeles DUI defense attorneys face many difficult cases, including the challenges of defending complex DUI crimes.  However, few Los Angeles attorneys will face a case as difficult as defending a vehicular manslaughter DUI charge.  Between the general public's disdain of those accused of DUI, and the complexity of any homicide case, vehicular manslaughter DUI trials require a highly skilled Los Angeles DUI defense attorney.

In this particular case, there were 4 men in the car when the driver lost control and the vehicle overturned. One young man, who was a police recruit and a friend of the driver, died at the hospital after the accident. The driver was determined by California Highway Patrol to be too intoxicated to navigate the turns in the road, causing the accident.

The driver pleaded guilty to gross vehicular manslaughter while intoxicated and was facing up to 5 years in prison. Both the mother of the driver and the mother of the young man who was killed testified that it was a lack in judgment, not character, that caused the driver to make the decisions he made that night. They said he was already paying severe consequences and did not need further jail time.  The driver and the deceased were good friends.  The man ultimately received a one-year sentence.

Vehicular manslaughter DUI convictions are felonies, and carry minimum jail time.  Such prison sentences can be up to ten years in prison if the circumstances warrant such a severe sentence. 

If you or someone you love has been charged with a Los Angeles vehicular manslaughter DUI, you need the skills of an experienced, successful Los Angeles DUI defense attorney.  At Kestenbaum, Eisner &  Gorin, our highly skilled team of attorneys can defend even the most complex DUI case.  Call us today at 877-781-1570.

Los Angeles DUI defense attorneys often have to battle against legislation that is both overzealous and unconstitutional at the same time.  Convicted drunk drivers in Los Angeles could become victims of more such legislation that is part of a pilot anti-drunk driving program.  The program would install ignition-locking breath analysis systems in their cars, forcing them to pass a Los Angeles breathalyzer test before the car can be started.

This potential program would run for six years (2010 through 2016) in Los Angeles and a few other counties.  It would link the Los Angeles breathalyzer test system to the vehicle's ignition that the driver must blow into before starting their car.  If the blood alcohol content (BAC) of their breath is over the legal limit, the car will not start.  The bill is backed by Mothers Against Drunk Driving (MADD), the California Highway Patrol and AAA.  According to MADD, 40% of the state's drunk drivers were in those four counties.  The bill also mandates that convicted drunk drivers pay for the Los Angeles breathalyzer test devices.

Los Angeles DUI defense attorneys are aggressively battling such breathalyzer test bills, even though strong lobbying organizations such as MADD often have public opinion on their side.  People convicted of drunk driving are basically being given a scarlet letter to carry around with them, and at their own expense no less.  Constitutionally, this may fall under the ban on "cruel and unusual punishment" since it could last for years and years for each person convicted of drunk driving.

If you or someone you love has been charged with a Los Angeles DUI due to a Los Angeles breathalyzer test, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin.  Our skilled defense attorneys will provide a top-notch criminal defense.  Call us today at 877-781-1570.

The criminal justice system takes DUI offenses very seriously, as they can often lead to severe injuries or death; consequently, the penalties for repeat DUI offenders increase in severity with each offense.  One example of multiple DUI charges is the following case from Florida. 

A resident of Ocala, FL, was arrested on September 15th and charged with driving under the influence after a police deputy spotted the man riding naked on a motorcycle on Interstate 75.  The deputy said he was driving early Tuesday morning when he caught sight of what appeared to be a naked motorcyclist.  He caught up with the man--45-year old Dante Krauss--at a stoplight, and confirmed his suspicion that Krauss was indeed naked on a motorcycle.

According to police, Krauss could offer no explanation as to where he was coming from, where he was going or why he was naked.  A Breathalyzer test was administered and indicated a blood alcohol level of .178, more than twice the legal limit. Krauss was then arrested and charged with what police deputies say is his fifth DUI.  Krauss now has to face the prospect of multiple DUI charges.

In California as in much of the rest of America, the penalties for DUI increase exponentially with each conviction.  While one non-injury DUI conviction might be considered a misdemeanor DUI--meaning possible probation and a suspended driver's license--a fifth conviction such as Krauss' could in fact be considered felony DUI, and carry much harsher punishment.  Without adequate representation by a skilled DUI defense attorney, there is little hope of avoiding jail time.  This is the danger in facing multiple DUI charges.

The general penalties for a first Los Angeles DUI conviction include probation, rehabilitation, monetary fines and increase in car insurance.  With each subsequent conviction, the punishment increases in severity; by the 4th or 5th DUI conviction, defendants can face up to three years in state prison as well as possible permanent loss of their driver's license.

For a California driver facing multiple DUI charges, retaining a skilled Los Angeles DUI defense attorney can make all the difference.  At the Los Angeles DUI Defense Center, our experienced team of DUI defense attorneys will leave no stone unturned in their aggressive defense of your case.  Contacting the Los Angeles DUI Defense Center could make the difference between the future you want and one behind prison bars.  If you or someone you love is in need of a Los Angeles DUI defense attorney, call our offices today and let us fight for you.

According to a study recently released by the U.S. Department of Transportation, the number of women arrested for DUI rose almost thirty percent during the decade ending in 2007.  While men still outnumber women when it comes to DUI arrests, the study pointed to a declining number of men arrested for alcohol-related driving violations.  The study did not indicate the reasons for this rise in women driving under the influence; however, it has been speculated that in these uncertain economic times, women are under an increasing amount of strain both at work and at home.  Some of them have become the breadwinner in their homes; for others, unemployment may be the cause of the pressure.

The study's findings were part of a Labor Day DUI law enforcement campaign called "Over the Limit, Under Arrest," which is just one of many proposed nationwide anti-DUI campaigns.  A police captain in Fairfax County, VA said, "We'll be making more traffic stops, writing more tickets, conducting more sobriety checkpoints and DUI saturation patrols, and we'll be arresting any driver we determine to be impaired."

Every year in America, DUI laws get stricter, and the penalties get harsher.  In California, punishment for driving under the influence ranges from a fine to license suspension to imprisonment, depending on the severity of the case as well as the offender's record.  If you are charged with a DUI, your blood alcohol concentration (BAC) will be tested, either by a blood sample or a breath test.  If your BAC is over 0.2%, you can be booked for DUI and your license can be immediately suspended.

You may think, "It could never happen to me," but Los Angeles DUI checkpoints can appear where you least expect them.  Often, drivers are not aware that their blood alcohol concentration is high enough to get them arrested for DUI--you may be over the legal limit even if you do not feel impaired.  Your DUI may be an honest mistake, but the law is not inclined to be lenient.  Finding an experienced, dedicated Los Angeles DUI defense attorney may be the difference between freedom and a jail sentence.

If you or someone you love has been charged with a Los Angeles DUI, contact the offices of Kestenbaum, Eisner & Gorin today.  Our Los Angeles DUI defense attorneys have a combined 50 years of experience successfully defending clients against DUI charges.  We can offer an aggressive defense as well as important legal counsel to anyone facing prosecution for a Los Angeles DUI.  For your convenience, Kestenbaum, Eisner & Gorin has law offices throughout Los Angeles, and we are accessible 24-hours a day.  Call us today at 877-781-1570 to start preparing your defense.

DUI charges can change a person's life beyond measure, whether they are a plumber, an architect or a professional athlete.  For example, Ex-Detroit Lions wide receiver Charles Rogers was arrested for drunk driving after refusing a breath test in Michigan.  This is not Rogers' first criminal charge; he was arrested and spent 15 days in prison for a domestic violence case.

Rogers is no longer in the NFL, but his stature in the community and his recognized celebrity were undermined by the arrest.  Rogers has been plagued by substance abuse, which was covered by many news outlets (including ESPN).  In this instance, he was found "non-responsive behind the wheel" of a 2003 Mercedes. The Mercedes was running and the vehicle was still in gear in a left-turn lane.  According to a police report, Rogers did not respond to requests to open the vehicle's locked doors, resulting in fire officials gaining entry through the sunroof to secure the vehicle.

By refusing a breath test, you can be immediately arrested and charged with a DUI.  Throughout Los Angeles, and the rest of California, you can be sentenced to a serious jail term if you refuse a breath test and have previous DUI convictions.  The fines for such convictions can sometimes reach $10,000!

Los Angeles DUI breath tests are not an exact science, and a number of "triggers" have been known to set off inaccurate breath test results.  With a skilled Los Angeles DUI defense attorney, you can receive a top notch criminal defense for your DUI charge. 

A Los Angeles DUI defense attorney will also be able to analyze your particular case and see of the breath test in question was indeed accurate.  Los Angeles breath tests have led to the conviction of numerous people who were either under the legal limit, or who had not ingested any alcohol whatsoever.  However, without a qualified DUI defense attorney, the Los Angeles courts and prosecutors will have no problem putting you behind bars, fined or rescind your drivers license.

If you or someone you love has been charged with a Los Angeles DUI charge based upon a DUI breath test, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin today at 877-781-1570.  Our skilled team is prepared to defend you and keep you behind the wheel of your car.

Los Angeles DUI checkpoints are a tricky situation for defense attorneys due to the various procedural issues involved.  For example, when defending a client, a Los Angeles DUI defense attorney must investigate how police set up the DUI checkpoint, how they chose cars, how they performed sobriety tests and so on. 

Recently, police arrested Patrick Dylan Riley just outside Los Angeles Wednesday night after they found a mixture of drugs and equipment to sell narcotics in his car during a stop at a DUI checkpoint.  Riley's car was stopped at the checkpoint and searched once officers on the scene smelled marijuana in his car.  The search turned up not only 41 grams of marijuana, but nearly five tabs of LSD, digital scales to portion out the marijuana and what appeared to be a sales ledger Riley had been keeping.  Riley was arrested on suspicion of possession and transportation of narcotics, as well as possession with the intent to sell marijuana.  If convicted, Riley may end up in jail as most drug offenses in Los Angeles are classified as felony criminal offenses.  The "base" term for selling marijuana in Los Angeles is generally two to four years in prison.  If Riley is found to have prior drug-related arrests or convictions, that could ultimately tip the scales in favor of a harsher punishment for him. 

DUI checkpoints, while still considered controversial by some, are frequently employed by Los Angeles police to find drivers who are driving under the influence of either drugs or alcohol.  If you have been arrested on suspicion of driving under the influence following a DUI checkpoint stop, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away.  Our attorneys know that DUI checkpoint stops must be run in a very particular manner and if anything is out of order, your case might be able to be dismissed altogether.  For instance, the police must notify the general public as to when and where the checkpoint will take place.  Police at a Los Angeles DUI checkpoint must also employ a non-partial formula to determine which vehicles they stop (such as every sixth car, for example), and Los Angeles police are not allowed to pursue and stop anyone who has turned out of the checkpoint line before reaching the stop.  It is your right to avoid the DUI checkpoint, if you choose, and police cannot legally single you out simply because they consider turning out of the line suspicious behavior.  Los Angeles police have very specific guidelines as to how and when they may run a DUI checkpoint stop, and if even one guideline was disregarded, any evidence they have compiled against you may not be admissible in court proceedings. 

The attorneys at Kestenbaum, Eisner & Gorin, LLP know this and have successfully gotten several DUI and drug-related criminal cases dismissed that way.  When you are being accused of a criminal offense, let us fight for you.  Call us today at 877-781-1570.

Los Angeles DUI defense attorneys are well aware of the harsh penalties associated with a Los Angeles driving under the influence conviction.  Unfortunately, not even an individual's celebrity status exempts them from such penalties.   For example, actress Lori Petty was given five years of probation after pleading no contest to a driving under the influence charge yesterday.  Petty was arrested for driving under the influence this past May in the Los Angeles area after she hit a skateboarder with her car.  The unidentified skateboarder was treated for minor injuries by paramedics at the scene and released.  Police arrested Petty and she was later released after posting $100,000 bail.  The actress was also ordered by the court to undergo alcohol abuse counseling, which she had already completed by the time of her sentencing.
Penalties for driving under the influence of either drugs or alcohol in Los Angeles can vary widely depending on the facts of each case.  Factors such as how far over the legal limit of .08% your blood alcohol concentration was found to be at the time or your arrest, whether there was a child in the car with you at the time, if you were speeding and prior driving under the influence convictions can all weigh heavily against you.  Typical penalties for a driving under the influence conviction can be up to six months in a county jail, up to $1,000 in fines (not including court costs, which can be extremely expensive on their own), suspension of driving privileges, court-ordered alcohol abuse education classes, probation and even the installation of an ignition interlock device to test your breath before you drive.  Many first time driving under the influence offenses in Los Angeles are classified as misdemeanor criminal offenses.  The factors mentioned above can potentially serve to bump your particular case up to a felony criminal offense, which would subject you to enhanced penalties such as longer jail terms and higher fines upon conviction.  Multiple DUI convictions can land you in jail for as many as three years.  With so much on the line, you need an experienced Los Angeles DUI defense attorney by your side when dealing with driving under the influence charges. 

If you have been charged with driving under the influence of either drugs or alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.  Our attorneys have a combined five decades of experience in defending against DUI charges and they will fight for you.

Los Angeles DUI charges are a serious matter, and people from all walks of life can suffer from the after effects of a DUI conviction.  Travel restrictions, limited career options, public humiliation and more are all potential consequences of a Los Angeles DUI conviction, and this is on top of jail time, probation and fines.

A qualified Los Angeles DUI defense attorney can aggressively defend you and help you avoid serious consequences, consequences which will affect even the most famous of people.  For example, the world of professional wrestling has a number of colorful characters, many of whom are quite famous.  Yet, even these individuals are not immune to DUI charges.

TNA wrestler Chris Daniels was arrested for DUI charges recently, blowing a .14 on his breathalyzer test.  Allegedly he was drinking with WWE wrestler Shane Helms before the incident, and supposedly the two were Twittering about a "drinking contest."

A Los Angeles DUI conviction can lead to years of challenges afterwards.  If Chris Daniels is found guilty, he could have his license suspended, have a breath-test machine installed on his car, years of probation, heavy fines and more.  A Los Angeles DUI conviction has caused people to lose their jobs, as well as caused damage to their personal relationships.

Defending a Los Angeles DUI charge requires the skill of an experienced Los Angeles DUI defense attorney who understands the law and the courts.  If your blood alcohol concentration is measured as being .14 in Los Angeles, that means you're .06 over the legal limit. This would be a very difficult charge to defend for many Los Angeles DUI defense attorneys because the numbers are so high.  The added challenges of the drinking contest claims, the Twitter evidence and the celebrity of the defendant make the case quite challenging.  In such an instance, having a skilled, knowledgeable DUI defense attorney working with you can save you jail time, probation time, fines and more.

If you or someone you love has been charged with a Los Angeles DUI, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin.  Our DUI defense attorney team has over fifty years of combined experience and has an extremely successful track record.  Contact us today at 877-781-1570.