December 2009 Archives

Los Angeles drink driving crimes are no laughing matter; they land many individuals behind bars and paying hefty fines they could have avoided.  A skilled Los Angeles drunk driving defense attorney may be able to help those accused of a DUI, by providing experienced legal representation. 

While the general public may think that celebrities and professional athletes are rarely convicted of Los Angeles drunk driving offense, the opposite is true.  Many high profile individuals find themselves facing charges that lead to loss of license and much more.

New Orleans' Saints football star Bobby McCray was arrested this past Tuesday on suspicion of driving while intoxicated (DWI).  Police report that they spotted McCray speeding around 4:30 in the morning in New Orleans and immediately pulled him over.  McCray refused to take a breath analysis test to determine his blood alcohol content.  Along with charges of driving while intoxicated, McCray was arrested for careless operation of a motor vehicle, speeding and not having his vehicle registration in the car.  McCray was released later that morning around 7 a.m.  While Louisiana state law does allow a person suspected of driving under the influence (DUI) of alcohol to refuse to take a breath test, though such a refusal results in the automatic one-year suspension of the suspect's license. 

While McCray's DWI incident occurred in New Orleans, the City of Angeles does have similar laws regarding Los Angeles drunk driving or driving while under the influence of drugs.  Los Angeles has what are called "implied consent" laws, which mean that by applying for a California state driver's license, you are automatically consenting to chemical testing if a Los Angeles law enforcement officer pulls you over on suspicion of DUI or DWI.   You can still refuse to take a chemical test if you are pulled over, but the officer on the scene must warn you that you will have your license suspended for up to one year.  In fact, if the officer at the scene does not warn you of the consequences of refusing to submit to chemical testing, a skilled Los Angeles DUI attorney may be able to help you get your driver's license reinstated more quickly because you were not warned of your rights or the consequences of your actions. 

If you have been charged with driving under the influence or Los Angeles drunk driving, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today at 877-781-1570 .  Our attorneys have a combined 50 years of courtroom experience in battling DUI and DWI charges.  Let us defend you.

Heidi Androl, a contestant on the TV show "The Apprentice" turned Kings telecast host, was arrested on suspicion of a Los Angeles DUI on the 105 freeway at around 2:45 a.m. on Monday.

The host had attended a gala honoring retired Kings star Luc Robitaille at Club Nokia in Los Angeles on Sunday night. She was pulled over for driving too slowly on the freeway and proceeded to perform poorly on field sobriety tests before being arrested. Androl was allegedly driving 35 mph on the empty freeway early Monday morning and was pulled over after a citizen called law enforcement and reported a driver driving too slowly.

Androl was noticeably absent from the telecast of the Kings' 2-1 win over Calgary later that night at Staples Center. The vice president of communications and broadcasting for the Kings, Mike Altieri, said that Androl "was given the night off for personal reasons."

Androl now awaits the Los Angeles DUI indictment process where she might be charged with a DUI. If charged and convicted, Androl faces several consequences that can include jail time and fines. A Los Angeles DUI is a serious offense that can have numerous consequences such as probation, community service, alcohol school, fines and even jail time. Repeated offenses of Los Angeles DUI have increasingly steeper consequences and mandatory jail time. Although a Los Angeles DUI is a charge that many people encounter, there are several defense strategies that can help you avoid the serious consequences associated with a DUI. A dedicated defense team can utilize a variety of defense strategies such as proving the validity of blood tests and the constitutionality of the police stop.

An experienced Los Angeles DUI defense team can work to defend you against a DUI charge with the proper defense strategy. The professional Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP has been recognized as part of a Top 5% U.S. Law Firm for several years. The Los Angeles DUI defense team will work diligently to devise a defense strategy to defend you in court and can have your charges dropped or reduced substantially. If you have been charged with a DUI in Los Angeles, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP immediately by calling 1-877-781-1570. You can also visit our site at www.keglawyers.com for more information regarding the DUI process and how we can help you avoid a serious criminal conviction on your record.

The holiday season is a time where celebrations occur throughout the country and the perfect time for law enforcement agencies to crack down on drunk drivers. Just in time for the holiday season, state traffic safety officials are saying that they are tightening their grip on drunk drivers, even declaring 2010 as "the year of the checkpoint".

Law enforcement officials throughout the state of California have begun rolling out checkpoints in an effort to reduce alcohol related deaths and injuries. Over 400 local agencies, including the California Highway Patrol, have begun taking part in sobriety checkpoints, multi-agency task force operations and saturation patrol to reduce the number of drunk drivers on the road this holiday season.

Although effective Los Angeles sobriety checkpoints have shown to reduce the number of alcohol related deaths and injuries, there are plenty of times where checkpoints and associated stops are not legally managed. In order for a Los Angeles sobriety checkpoint to be constitutional, there must be several factors that must be met, these include; the public must be given notice of the checkpoint, there must be a turnout prior to the checkpoint so that people who do not want to proceed through it have the option to turn around without being pulled over based on their decision, there must be a random, impartial formula for stopping cars, the length and nature of the detention must not be obtrusive, as well as others factors.

A recent article on Los Angeles sobriety checkpoints claims that Sgt. Ken Savano of the Petaluma Police Department said that sobriety checkpoints during the holiday crackdown would not be disclosed to the public. This would be an unconstitutional practice that can be used as a defense strategy against the prosecution at a DUI trial because a sobriety checkpoint must be disclosed to the public to be considered constitutional.

If you have been arrested or charged with a DUI stemming from a Los Angeles sobriety checkpoint, you need an experienced Los Angeles DUI defense team to fight for your constitutional rights in court. The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP have over 50 years of courtroom experience and can devise a defense strategy to prove that the DUI checkpoint stop and arrest was unconstitutional. Contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 or visit our site at www.laduidefenseteam.com for more information regarding DUI arrests and checkpoints.

Beginning Friday, December 18, 2009, DUI checkpoints throughout Los Angeles as well as the state of California are being planned and put into place as part of a campaign to reduce the number of alcohol related deaths and injuries.

The Santa Monica Police Department is one of the over 400 law enforcement agencies that will conduct a DUI checkpoint this holiday season and beyond. The scheduled DUI checkpoint will be put into place somewhere in the 300 block of Pico Boulevard in Santa Monica on Friday, December 18, 2009.

By law, DUI checkpoints can only be considered constitutional if they meet certain requirements such as the requirements that the public must be given notice of the checkpoint, that there must be a turnout prior to the checkpoint so that people who do not want to proceed through it have the option to turn around without being pulled over based on their decision, that there must be a random, impartial formula for stopping cars, that the length and nature of the detention must not be obtrusive, and that safety conditions must be monitored at the checkpoint.

On Friday, November 20 a DUI Checkpoint was conducted on Lincoln Boulevard, between Pico Boulevard and Michigan Avenue. During that evening, police reports state that 1,667 vehicles entered the checkpoint, 364 vehicles were checked, six vehicles were impounded for unlicensed or suspended driver's licenses, and six misdemeanor citations of various kinds were issued. Two were citations for possession of marijuana and four were traffic related citations. Throughout this enforcement, there were no DUI citations given.

DUI checkpoints have been controversial for years and the legality of their use has been questioned throughout that time as well. DUI checkpoints must meet the above mentioned requirements for an arrest and DUI charge to be valid. If you have been arrested and charged with a DUI, you need an experienced Los Angeles DUI defense team that will work on your behalf to ensure that your rights were not violated at a DUI checkpoint stop and arrest. The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP has over 50 years of courtroom experience and will devise a defense strategy that can have your DUI case dropped or significantly decrease the severity of associated consequences. If you feel that you were unlawfully stopped and arrested at a DUI checkpoint, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 immediately. Be sure to visit our site at www.laduidefenseteam.com for more information on DUI checkpoints.

Pamela Bach, ex-wife of David Hasselhoff, has been charged with one count of driving under the influence and one count of driving with a BAC of .08 or higher.  She has prior DUI convictions.

Bach was arrested on November 28 and law enforcement officials said that she took breathalyzer tests and blew a .14 and .13.  Bach now faces a minimum of four days in jail if convicted.

She was taken to Van Nuys where she was booked and released. Bach said, "I am remorseful and mortified. I am going through a really difficult time between David being in the hospital and dealing with the divorce."

According to official documents, bail was set at $15,000. Bach said she was released on her own recognizance.

She was also busted for a prior DUI conviction in March 2009, pled no contest and was placed on probation. According to California law, a second DUI gets you mandatory jail time.

This is the latest in a string of incidents that Bach has been involved in this year. She is also being sued for a car crash she was involved in during her March 2009 DUI.

Mitchell Paulson claims Bach was driving under the influence when she slammed into his car and injured him, he is now seeking unspecified damages.

A second DUI offense in Los Angeles comes with much heavier consequences than a first time offense. Some of these consequences can include: three to five years of court probation, $1800 to $2800 in fines (some courts allow part of the fine to be worked off through community service), two year loss of drivers license (one year mandatory suspension, your lawyer may be able to obtain a restricted license after one year), installation of ignition interlock device (breath tester) on vehicle, 18 months of DUI School and mandatory jail time of at least 96 hours.  Prior DUI convictions in Los Angeles can lead to major headaches, especially if the defendant does not have proper representation, such as a qualified Los Angeles DUI defense attorney.

Bach faces a second DUI offense in Los Angeles and legal troubles connected to the crash during her first DUI in March. Unfortunately, DUI arrests and charges are a common occurrence in Los Angeles. Many times, however, there are inaccuracies in breathalyzer and field sobriety tests that may wrongly accuse or charge a person of a DUI in Los Angeles.

If you have been accused of a prior DUI conviction in Los Angeles, whether it is a first, second, third, or even fourth time offense, you need an experienced team to assist you in court. The experienced Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP has over 50 years of courtroom experience and will work on your behalf to ensure you have a fair DUI trial in court.

To properly defend against the consequences of a prior DUI conviction, contact the Los Angeles DUI defense team at 1-877-781-1570 or visit our site at www.keglawyers.com for more information.

When people think about DUI, the first thing that comes to mind is driving under the influence of alcohol. In the United States, alcohol is the cause of 44% of traffic fatalities, so it is easy to see why alcohol is the first substance people think of when it comes to celebrity DUI. A celebrity DUI, however, can result from driving under the influence of any controlled substance, including marijuana.

Rapper Nas was arrested for a celebrity DUI in September 2009 after he failed a field sobriety test near his Georgia home. The rapper, real name Nasir Jones, allegedly admitted to law enforcement officials that he had been smoking marijuana at a friend's house before the arrest.

The arresting officer said that he observed his eyes to be "bloodshot and droopy" as well as "eyelid tremors in both eyes and body tremors".

The twist in the story, however, came in early December when the case was administratively dismissed. The reason for the dismissal was that there was a lack of evidence because his drug test "came back negative for drugs, including marijuana."

Just like in Georgia, in Los Angeles, police may arrest a suspect upon finding the person was driving under the influence of drugs, with or without alcohol in his or her system. The law states that whether or not the controlled substance is legally prescribed, it is unlawful to drive under the influence of any narcotic such that you are unsafe on the road. Furthermore, if the breath testing machine shows 0.0% alcohol, the police may suspect that you could have used controlled substances and were under the influence of cocaine, ecstacy, marijuana, psilocybin, LSD, methamphetamine, and/or prescribed medications.

If you have been arrested or charged with a celebrity DUI or any other form of DUI in Los Angeles, whether it's because of alcohol or a controlled substance, the prosecution has to prove that you were driving and that you were intoxication. There are plenty of instances where the officer might make false observations of key factors such as checking the pupils, pulse and other physical symptoms. The blood tests may also prove to be invalid and therefore false in some cases. These are two common defenses for DUI charges that only an experienced Los Angeles DUI defense team can utilize in order to dismiss your DUI case or reduce your sentencing. If you have been charged with a DUI, contact the experienced Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 or visit our site at www.laduidefenseteam.com for more information.

These days, even celebrities and the wealthy need Los Angeles DUI defense attorney teams to respresent them.  Celebrity after celebrity has faced serious Los Angeles DUI consequences, and require a skilled attorney to defend their rights, their freedoms and their future.

Shayne Lamas, the daughter of actor Lorenzo Lamas, was arrested in Venice, California in November for allegedly driving under the influence.

Lamas later told E!, "Early Saturday morning, after consuming one drink, I willingly drove through a mandatory check point on my way home with complete confidence of passing. However, the breathalyzer indicated that I was over the legal limit of blood alcohol content and was arrested onsite."

The reality TV star managed to dodge serious Los Angeles DUI consequences by pleading no contest to a lesser charge last week.

Her Los Angeles DUI case went away when she pled to a "wet reckless" - it's reckless driving that is alcohol related but not as serious an offense as DUI.

Shayne was sentenced to 3 years probation, ordered to pay a fine of $300 plus penalties, she has to go to the morgue to get a taste of the consequences of DUI, and she must take an alcohol education program.

DUI sobriety checkpoints in Los Angeles have been a controversial issue for years as some see them as infringing on fourth amendment rights as outlined in the U.S. Constitution. An experienced team of DUI defense lawyers can assist you in proving that you were stopped or subjected to testing unfairly.

There are several key factors that a Los Angeles DUI sobriety checkpoint must obtain in order for it to be considered legal and constitutional to make an arrest which include; public notice of the checkpoint, turnout prior to checkpoint where a person can turn around and cannot be pulled over for doing so, random formula for stopping cars must be in place, the length and nature of the stop cannot be obtrusive and the location must reasonable, as well as the time and day.

Lamas admitted to consuming one drink and was convinced that she would pass the checkpoint without hesitation. The resulting breathalyzer test concluded that she was over the legal limit of blood alcohol content and she was subsequently arrested. The legality of the DUI sobriety checkpoint as well as the validity of the breathalyzer test are two defenses that an experienced Los Angeles DUI defense team can use to drop your DUI case or substantially reduce the consequences related to the case by entering a plea deal like Lamas was able to do.

If you are in Los Angeles and have been arrested and charged with a DUI, contact the experienced Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP immediately at 1-877-781-1750 or visit our site at www.laduidefenseteam.com.

During the days of Friday, December 11th and Saturday, December 12th there will be a Los Angeles sobriety checkpoint in both Carson and Rancho Palos Verdes.  In Carson, Sheriff's deputies will conduct a driver's license and Los Angeles sobriety checkpoint from 7:00 pm Friday night until 3:00 am Saturday morning at a site yet to be determined.  In Rancho Palos Verdia, Deputies will be conducting a Los Angeles sobriety checkpoint on Saturday at Western Avenenue and Redondela Drive as well as on Thursday at Hawthorne Boulevard at Granvia Altamira.  Both of those Los Angelels sobriety checkpoints will begin at 7:00 pm.

A Los Angeles sobriety checkpoint must abide by certain rules, otherwise they are illegal.  At Kestenbaum, Eisner & Gorin, our Southern California DUI Defense Lawyers are very familiar with how field sobriety testing is used by Los Angeles law enforcement officers to determine whether a person is driving under the influence of alcohol and/or drugs. For example, the police must post any future Los Angeles sobriety checkpionts in advance and do them in a location that has an alternative route. 

The Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin have actually litigated countless DUI cases successfully which involved field sobriety tests.  Los Angeles sobriety checkpoints can be highly controversial, and our skilled Los Angeles attorney team will know how to exploit every issue to your advantage.

If you or someone you love  has been arrested for DUI at a Los Angeles sobriety checkpoint, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin today at 818-781-1570.  Our DUI lawyers understand that field sobriety tests are often inaccurate. Some people may not be able to pass a test even when entirely sober, due to a physical condition, the condition of the road's surface, the type of shoes being worn, and/or simply a lack of coordination or balance. Our skilled attorneys will use any instance of fault or inaccuracy in your DUI arrest to defend your rights and help to keep you out of jail. 

Los Angeles DUI charges carry consequences far beyond jail time, fines and probation.  In fact, for certain industries and professions, the consequences of a Los Angeles DUI arrest could lead to a lost job and public shame for years.

Florida Gators starting defensive, Carlos Dunlap, was arrested near the University of Florida early Tuesday morning, and was charged with driving under the influence. Dunlap was found slumped over in a car that was idle on an intersection. According to Lt. Keith Kameg of the Gainesville Police Department, Dunlap was booked into jail at 5:52 a.m. and was released on his own accordance about six hours later. Dunlap is underage and the judge released him under the premise that he is not to drive a motor vehicle without a license and cannot possess alcohol, illegal drugs, or prescription drugs that are not prescribed for him. Dunlap had difficulty speaking, had watery and bloodshot eyes, did poorly on a field sobriety test, refused to take a breathalyzer test and was arrested, according to Kameg.

A Los Angeles DUI charge, like the one Dunlap faces, is a very serious one that can have dire consequences for anyone, especially someone that is underage. In Los Angeles, and throughout California, there is a "zero-tolerance" law regarding drivers who are under the age of 21. In Los Angeles, if you are under the age of 21, your blood alcohol concentration must be below .01% in order to legally operate a motor vehicle. Dunlap, who is under the age of 21, now faces a DUI charge that can carry serious consequences such as community service, fines, probation, alcohol school, suspended license, revoked driving privileges, and even jail time.

If you have been charged with a Los Angeles DUI or an underage Los Angeles DUI, you need a professional team of experts that can help dismiss your case or enter a plea bargain to avoid lengthy and costly consequences. The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP has over 50 years of in-court experience and can help you when you are facing a Los Angeles DUI charge of any kind in Los Angeles. The firm's DUI attorneys have been recognized as some of the best defense lawyers in California, stemming from their courtroom experience, professionalism, and ethics-based on peer-reviews submitted by judges, defense attorneys, and prosecutors.

If you find yourself facing a DUI charge similar to the one that Carlos Dunlap is facing, be sure to contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 or visit our site at www.laduidefenseteam.com for more information on the services that we offer if you're charged with a DUI.

Los Angeles DUI charges can result in more than just criminal penalties, which is why you need a Los Angeles DUI defense attorney who can direct on the best way to handle all of your affairs.  Actress Pamela Bach is being sued following an accident this past March.  Mitchell Paulson is suing the former "Baywatch" actress and ex-wife of David Hasselhoff after she ran into his vehicle while driving under the influence of alcohol several months ago.  Paulson is suing Bach over damage to his car as well as injuries caused by the accident.  Bach had pleaded no contest to the Los Angeles DUI charge in March and was placed on probation at the time. 

This is proving to be a difficult year for Bach as she was arrested again in late November for felony driving under the influence after being stopped by the Los Angeles Police.  Bach was given two breath analysis tests, in which she blew .13 and .14, respectively.  Bach's breathalyzer test results placed her well above the legal limit of .08% blood alcohol concentration.  Bach will most likely be facing time in jail for her second Los Angeles DUI offense.

When you drive while under the influence of alcohol or drugs, you could be facing much more than just the legal hassle associated with Los Angeles DUI charges or the loss of your driving privileges.  If you injure another person while driving under the influence or damage their car or home, you could be financially responsible for the damage you have incurred.  Accidents related to driving under the influence can quickly become their own vortexes of expense, pain and misery.  The damage you cause to another person or their property while driving under the influence is not only expensive if that person decides to sue you for damages, but the sheer amount of damage you have caused is also generally taken into account when your criminal case goes to court.  Severely injuring or killing someone while driving under the influence of drugs or alcohol could land you in prison for several years, sometimes even if it is your first Los Angeles DUI offense. 

If you or a loved one has been charged with driving under the influence, call the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Do not let the rest of your life be derailed because of one bad decision.  Let us fight to protect your future.