November 2009 Archives

Disturbing new figures have been released as part of a study conducted by researchers at Rutgers University's Alcohol Behavior Research Laboratory. The study was conducted in order to compare the ability of Los Angeles DUI officers to accurately gauge a suspects' intoxication level with the ability of regularly citizens and bartenders. Forty-nine citizens and 12 bartenders were asked to judge the state of sobriety or intoxication of DUI "suspects" that had consumed varying amounts of alcohol or had consumed nothing at all. Then, a group of 30 experienced DUI officers were asked to judge similar suspects; 15 officers were asked to study the suspects under the similar laboratory conditions as the citizens and bartenders, the other 15 were asked to study the suspects under conditions similar to those encountered in a drunk driving traffic stop.

The study found that there was no difference in accuracy between the group of citizens/bartenders and the group of experienced DUI officers under laboratory conditions. The second group of officers that tested under conditions similar to a drunk driving traffic stop were somewhat more accurate, but there still wasn't a significant difference. Even more disturbing, however, were the concluding results in the study that said that all three groups; officers, citizens, bartenders, only accurately judged the suspects' intoxication levels 25 percent of the time.

As you know, a Los Angeles DUI carries a list of serious consequences that can adversely affect your life. A Los Angeles DUI charge can have severe penalties including community service, probation, fines, and even jail time. The disturbing findings of the Rutgers University study serve as a form of proof that even experienced Los Angeles DUI officers can make conclusions that are far from accurate. A DUI arrest can be affected by the officer's own subjective opinions on the various forms of assessing DUI symptoms of intoxication, including, driving, appearance, behavior, answers to questions, and performance on sobriety tests. Add to that the officers' testimony at the DUI trial, which largely decides a suspects' guilt or innocence, and you're left in an uphill battle to prove your innocence.

The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP are aware of the inaccuracies in many DUI arrests and charges. This dedicated team of professionals will work on your behalf to sift through those inaccuracies in order to prove your innocence or reduce the penalties associated with your arrest. With over 50 years of in-court experience, the Los Angeles DUI defense team has successfully fought countless DUI charges and will inform you on everything you need to know when defending yourself against a DUI charge. If you are facing a DUI charge and feel as though there may have been inaccuracies when the arrest was made, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP. Be sure to visit our site at www.laduidefenseteam.com or call us at 1-877-781-1570 for more information.

Thomas Dekker, the actor that played John Connor on Fox's 'Terminator: The Sarah Connor Chronicles', was charged with two misdemeanor counts of DUI by the L.A. County City Attorney. The charges stem from an October 14th arrest where Dekker was involved in a collision in North Hollywood, CA that left a 17-year-old bicyclist with minor injuries. Dekker, 21, was arrested and taken to Van Nuys jail and released on a $100,000 bail. The police report states that the bicyclist was "ejected" as he tried to ride his bike across a freeway on-ramp when Dekker's Toyota Matrix struck him.

A DUI charge in Los Angeles is a serious one that can carry immense consequences if not handled correctly. In order to successfully defend yourself against a DUI charge you need professionals that will work diligently on your behalf. The professionals at Kestenbaum, Eisner & Gorin, LLP are dedicated to fighting for you if you've been arrested for DUI. The Los Angeles DUI defense team has over 50 years of in-court experience dealing with DUI and can help you out when you feel that there is nowhere else to turn.

Dekker serves as a perfect example of how a DUI can affect someone's life; the fact that there was an accident with bodily injury involved with his arrest can increase the severity of the penalties involved. The actor was charged with two counts of misdemeanor DUI and faces potential jail time, this is commonplace in Los Angeles DUI cases. A DUI in Los Angeles can carry penalties that include community service, probation, fines, and jail time.

If you have been arrested for DUI you need a strong team of professionals that can help you avoid heavy penalties. The Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin, LLP is accessible 24 hours a day, seven days a week, and offers services throughout Southern California. Some of our offices include Antelope Valley, Beverly Hills, Burbank, Glendale, Long Beach, Los Angeles, Pasadena, San Fernando, South Bay, Ventura, Valencia, Whittier and San Bernardino for convenience throughout Southern California. Our main offices are located directly across the street from the Van Nuys Court and Van Nuys LAPD Jail.

If you find yourself in a DUI criminal offense case and need a solution to reduce or dismiss your case, contact the professional Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 or visit our site at laduidefenseteam.com for more information.

In Los Angeles, a vehicular manslaughter DUI charge can lead to tremendous amounts of jail time, a life of hardship and more.  Only a skilled Los Angeles DUI defense attorney can properly defend you and keep you out of prison should you face a vehicular manslaughter DUI crime.

One recent case involved a vehicular manslaughter DUI charge involved an Irvine man whofinally pleaded guilty to killing a motorcyclist on the 55 freeway in 2005 while under the influence of alcohol.  Youn Bum Lee was driving home from a karaoke party with coworkers four years ago when he smashed his SUV into the freeway divider.  Because Lee was driving with his headlights turned off, a motorcyclist behind him crashed into the wreck and was thrown from his bike into oncoming traffic, dying as a result of his injuries.  Lee reportedly left the scene of the accident that night, then boarded a flight to South Korea the very next day.  Lee was arrested in South Korea in 2008 and brought back to the United States in January of 2009.  Lee has admitted to authorities that before climbing into his vehicle the night of the fatal accident, he and his coworkers had consumed as many as 14 bottles of Korean rice wine before having several more drinks at the karaoke bar.  Lee could be sentenced to state prison for up to nine years when he appears before a judge on December 7th. 

In Los Angeles, reckless or negligent driving which results in the death of another person is considered vehicular manslaughter DUI, and is a very serious criminal offense.  While Lee admitted to drinking heavily before his accident, drivers do not actually need to be under the influence of alcohol to be charged with vehicular manslaughter.  Speeding, racing, falling asleep behind the wheel or even texting or talking on a cell phone can all cause major traffic accidents that could potentially claim someone's life.  Vehicular manslaughter in connection with the consumption of alcohol is a doubly serious crime in Los Angeles and is almost always classified as a felony criminal offense that can land you in a California state prison for between four and 10 years. 

If you have been charged with vehicular manslaughter DUI, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away.  Our attorneys have decades of combined experience in defending against DUI charges of all types.  An experienced Los Angeles DUI defense attorney knows that road or weather conditions play a large part in causing many accidents, and that breath tests and even blood tests for alcohol consumption are not always as accurate as they should be.  Call today to find out what your options are, at 877-781-1570.

Law enforcement agencies in Petaluma, California have recently started a crackdown on repeat driving under the influence offenders.  Police have arrested six repeat DUI offenders in the Northern California town during the past week.  Officers investigated 16 drivers during the two-day operation through probation compliance checks, surveillance, and DUI warrant services.  Law enforcement agents arrested three people for probation violations, two people with outstanding DUI warrants, and one person for the possession of marijuana. 

As public awareness of the dangers of driving under the influence of alcohol continues to rise, law enforcement agents in several cities and towns throughout California will continue to intensify their efforts in dealing with repeat DUI offenders, and Los Angeles is no exception.  Being convicted of multiple DUI offenses in Los Angeles carries stiffer penalties such as longer jail sentences or probation periods, extensive alcohol education classes or counseling, longer periods of license suspension, and heavier fines.  Being convicted of driving under the influence for a second time could land you in jail for up to one year, and you could face the loss of your driver's license for as many as two years.  For a third DUI conviction, license suspension increases to a potential three years.  A fourth DUI conviction could land you in a state prison for up to four years.  Repeat DUI offenses have become such a problem that Los Angeles is adopting a new pilot program that would require the installation of an ignition interlock device in the vehicles of all first-time DUI offenders.  Under the new program, anyone convicted of driving under the influence of alcohol in Los Angeles would be required to pay for the installation and monthly maintenance of a machine that requires a breath sample to be given before their vehicle will start.  If the breath sample registers above a certain level of alcohol, the car's ignition will lock up to bar the person from driving.  The device will also take periodic retests while the car is in motion to monitor the driver's blood alcohol content.  The pilot program is scheduled to begin in 2010.

If you have are facing a second, third or even fourth DUI charge, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  As experienced Los Angeles DUI defense attorneys, we know just how damaging multiple DUI convictions can be.  In a city as spread out as Los Angeles, being able to drive is a necessity.  Do not let yourself be stranded by another DUI conviction.  Call today.

Alexandra Kerry, daughter of Senator John Kerry, was arrested early Thursday morning in Los Angeles on suspicion of DUI, police say. The 36-year-old film director/producer was arrested shortly after midnight and released at 5:25 a.m. after posting a $5,000 bail, according to police records.

"She was stopped by officers for a DUI investigation," said Sgt. Enrique Mendoza. "She was brought to the Hollywood station where she was booked. She identified herself as Senator Kerry's daughter."

In Los Angeles, a DUI is a criminal offense that can be charged as a misdemeanor or a felony depending on the severity of the crime. A DUI misdemeanor charge can result in probation, fines, community service and even jail time. A DUI felony results from bodily harm or death as a result from driving under the influence. A professional Los Angeles DUI defense attorney can work on your behalf to reduce or dismiss your DUI misdemeanor or felony charge.

A DUI charge in Los Angeles may result if you are driving with a blood alcohol concentration of .08% or above, or have drugs in your system. A DUI charge is serious and can affect several different aspects of your life and can be on your record for many years. The professional Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin, LLP has more than 50 years of in-court experience litigating DUI charges and can help you reduce or dismiss your DUI charge.

Kerry, who has showcased her films at the Cannes Film Festival, was jailed briefly on a misdemeanor charge of driving under the influence. Even though a blood-alcohol test showed that Kerry was just under the legal limit, Kerry was still arrested and ma be formally charged with a DUI in court. Kerry is scheduled in court on December 10.

The arrest and charge of Kerry in Los Angeles is unfortunately one of the many DUI arrests that occur every week. An experienced and professional Los Angeles DUI defense attorney will aggressively fight on your behalf to avoid fines, jail time, community service, and probation. The professional Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin, LLP work closely with their clients in order to find problems within the prosecution to reach a fair outcome for their clients. If you find yourself in a DUI criminal offense case and need a solution to reduce or dismiss your case, contact the professional Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 or visit our site at laduidefenseteam.com.

Reality star Shayne Lamas has been charged with misdemeanor driving under the influence following an arrest this past Saturday night.  Lamas, who has been seen on "The Bachelor" and "Leave it to Lamas," was driving through Venice when she was stopped by police at a Los Angeles sobriety checkpoint.  Lamas, who has admitted to having one drink before getting in her car to drive home, was asked to give a breath sample, which revealed that she was over the legal limit of .08%.  She was arrested on site and later released from custody.  She is scheduled to appear in court on December 9th. 

Lamas' case brings up a couple of interesting points to remember about being charged with driving under the influence in Los Angeles.  First, you do not actually need to be "drunk" or feel impaired to test over the legal limit:  Lamas has stated that she "...willingly drove through a mandatory Los Angeles sobriety checkpoint...with complete confidence of passing...".  People have very different capacities for alcohol.  Some people, whether they are quite large or incredibly tiny, can have several alcoholic drinks in one evening and still be in sufficient control of themselves to drive home safely.  Others can have just one drink and be impaired.  In most cases, however, being able to "hold your liquor" has very little to do with having a blood alcohol concentration of .08% or more.  Whether or not you are coherent and in control of yourself, if your blood alcohol concentration is more than .08%, you could be arrested for driving under the influence of alcohol. 

Los Angeles sobriety checkpoints, such as the one Lamas was arrested at, are also an important factor in many DUI arrests.  Many people are arrested for DUI at sobriety checkpoints every weekend.  If you find yourself on the wrong end of the law following a sobriety checkpoint, make sure you discuss everything with an experienced Los Angeles DUI defense attorney.  Los Angeles sobriety checkpoints must be run according to a very strict set of procedures, and if anything is amiss, your attorney could have charges against you dismissed.  Los Angeles police must give the public some sort of notice before setting up a Los Angeles sobriety checkpoint.  If police are not checking every vehicle that passes by, then they must use an impartial formula to determine which vehicles to stop and examine.  They are not allowed to single out vehicles or people that they think look suspicious.  Drivers are allowed to turn out of the line leading up to the Los Angeles sobriety checkpoint if they wish, and police are not supposed to follow them as they drive away.  Little details can make a big difference in many DUI cases.  Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today and let us fight for you at 877-781-1570.

Los Angeles DUI defense attorneys understand how difficult it can be for a young person facing a DUI charge.  People with their whole lives in front of them many not understand the gravity of the situation if they have been pulled over for a Los Angeles DUI.  This is why having a skilled Los Angeles DUI defense attorney is so important for young people who may not be aware of how to properly deal with any court proceeding.

For example, University of Texas football star D.J. Monroe was arrested over the weekend on suspicion of driving under the influence of alcohol.  Monroe, who at 20 years old is still not legally old enough to drink, was arrested while driving on Interstate 35 in Texas and taken to the Hays' County jail.  He was released Sunday morning after posting $3,000 bond.  No word has been given as to what Monroe's blood alcohol content was at the time of his arrest or what led law enforcement officials to pull him over.  The state of Texas, like most states, has a "zero tolerance" policy when it comes to underage drinking, meaning that drivers under 21 are punished for having a blood alcohol concentration of .01% or more, even though the legal limit is .08%.  Texas Longhorns head coach Mack Brown has suspended the freshman kick returner indefinitely, and Monroe will most likely face probation, the loss of his driving privileges and heavy fines if he is found guilty.  No trial date has yet been announced. 

Los Angeles DUI laws, like those in Texas, are very strict in dealing with underage drinking.  It is against the law for anyone under the age of 21 to drive with a blood alcohol concentration of .01% or higher in Los Angeles.  It is illegal for drivers under the age of 18 to have any measurable quantity of alcohol in their blood.  In such cases the driver does not need to actually be impaired, or "drunk" to be charged with driving under the influence of alcohol.  In most cases, drivers face the automatic suspension of their driver's license for at least one year.  If the driver does not already have a valid license and is convicted of a Los Angeles DUI, then they will face a one-year delay in being able to get their license. 

If you have been charged with driving under the influence of alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have a combined 50 years of courtroom experience in successfully defending against Los Angeles DUI charges of all types.  You do have options; call today to find out what they are.  You can reach us at 877-781-1570.

Celebrities and athletes may get many perks from being famous, but getting away with driving under the influence of drugs or alcohol is not one of them.  The added factor of media attention tends to make DUI incidents for celebrities even more problematic and embarrassing, since their mistakes are talked about on television and read about in newspapers.  Sacramento Kings' basketball star Andres Nocioni is no exception.  Nocioni was arrested for driving under the influence of alcohol last week in downtown Sacramento after law enforcement officers at the scene noticed Nocioni's car weaving down a city street around two in the morning.  The officer noticed a smell of alcohol and quickly conducted a field sobriety test before arresting the athlete.  Nocioni was booked into a Sacramento County jail at 3:26 that morning and released later that same day.  No word has yet been given as to whether or not formal charges have been filed or when the star forward might stand trial.

Because driving under the influence of either drugs or alcohol can very easily pose a threat to the safety of others, DUI charges are taken very seriously in the state of California.  In Los Angeles, a new pilot program is scheduled to begin in 2010 that would require every first-time DUI offender to install an ignition interlock device requiring a breath sample before the vehicle would be able to be driven.  Being convicted of DUI in Los Angeles could also potentially land you in jail or even state prison.  Driving under the influence offenses can be either misdemeanor or felony criminal offenses, depending on the details of each case.  If serious injuries to another person or extensive damage to another person's property occur as a result of DUI, the case is almost certain to be filed as a felony.

If you have been charged with driving under the influence, it is important to remember that you do still have options.  An experienced Los Angeles DUI defense attorney knows that little details make a big difference in the outcome of so many DUI cases.  Field sobriety tests, such as those used in Nocioni's case, are not always accurate in determining whether or not a person is driving under the influence of alcohol.  Commonly used tests such as walking a straight line, standing on one leg or tilting your head back and counting to 30 are subjective at best.  In each case, passing for failing the tests is completely determined by the opinion of the officer administering them.  Certain tests may also be extremely difficult for people who are ill or sleep deprived to complete, and neither condition has anything to do with the consumption of alcohol.  If you or someone you know has been charged with DUI, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have more than five decades of combined courtroom experience in defending against DUI charges.  Let us fight for you.

The DMV hearing process for any Los Angeles DUI case is serious and requires a knowledgeable Los Angeles DUI defense attorney.  A recent high-profile DUI case highlights how important the DUI court process is, as well as the DMV hearing segment of that process.

Billy Gillispie, the former head coach of the University of Kentucky's basketball team, recently pleaded guilty to charges of driving under the influence of alcohol.  The charges stem from an arrest in late August when Gillispie was pulled over in Lawrenceburg, Kentucky.  Officers at the scene smelled alcohol on Gillispie's breath and asked him to take sobriety tests, which he refused.  After pleading guilty to driving under the influence, Gillispie was sentenced to a 30-day suspension of his driving privileges, an Alcohol Drivers Education Program and fines and court costs totaling more than $1,000, which is the maximum fine for first-time DUI offenders in the state of Kentucky. 

This is not Gillispie's first brush with DUI troubles, though it is the first time he has pleaded guilty.  Gillispie was arrested in Tulsa, Oklahoma in 1999 on suspicion of driving under the influence as well as improper lane changing.  He eventually pleaded guilty to reckless driving charges.  Gillispie was also arrested in 2003 on suspicion of driving drunk, but charges in that case were eventually dismissed after it was determined that there was not enough evidence against Gillespie.  Gillespie had also checked himself into the John Lucas Athletes After Care program in Texas for an unspecified period of time for alcohol rehabilitation. 

While Gillispie's DUI troubles occurred in Kentucky, Texas and Oklahoma, they provide a great example for DUI offenders in Los Angeles.  DUI court process in Los Angeles can be extremely complicated, and there is no better way to get through it than by hiring an experienced DUI defense attorney.  An experienced DUI defense lawyer will tell you that for every one charge of driving under the influence in Los Angeles, there are actually two separate trials you will be involved in.  Being convicted with driving under the influence of either drugs or alcohol is a serious criminal offense that is often punishable by expensive fines, alcohol treatment programs, community service or even time in a county jail or state prison.  In dealing with DUI charges, you will also need the assistance of a DUI defense attorney in scheduling a DMV hearing in order to keep your driving privileges until after your criminal court proceedings have been completed. 

If you have been charged with DUI, you have just 10 days from the time of your arrest to schedule your DMV hearing, or your driving privileges will automatically be suspended until after your criminal proceedings are completed.  An experienced DUI defense attorney does more for you, however, than simply schedule your two hearings.  Your defense attorney may file pretrial motions either to suppress evidence he or she believes should be inadmissible or to have your charges dismissed altogether.  Lack of evidence and improper police procedure are two of the most common reasons for DUI charges being dismissed.  If you have been charged with driving under the influence of drugs or alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.  Call us at 877-781-1570.