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Los Angeles DUI Court Process

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Nicole Richie, one of Hollywood's most famous debutantes was facing yet another step in the Los Angeles DUI Court Process this week when she had her drunk driving probation extended until March.  The judge presiding over the case decided to do so in order to give Richie more time to complete alcohol education classes.  She was not present during this aspect of the Los Angeles DUI Court Process.

The former "Simple Life" star was arrested in December of 2006 after driving the wrong way on a freeway in Burbank.  Richie pleaded guilty to a misdemeanor DUI charge and spent 82 minutes in jail. She could have been sentenced to five days in jail, but her DUI Defense Attorney was able to prevent it during the DUI Court Process.  California DUI law requires a one-year license suspension and a year-and-a-half of alcohol education for two-time DUI offenders.

The Los Angeles DUI Court Process is complex, because there are a number of laws and statutes in place covering both misdemeanor and Felony drunk driving crimes.  Any drunk driving charge and court process begins with an initial arrest.  Police, sheriffs or California Highway Patrol may observe erratic driving behavior or perform a field sobriety test during a DUI checkpoint.  Regardless, once you are arrested you are facing an uphill legal battle, especially if you do not have a skilled, experienced Los Angeles DUI Defense Attorney to walk you through the process.

The following are some issues which may arise during the Los Angeles DUI Court Process with a lawyer can help you deal with:

  • Did the police have proper cause to pull you over?  (e.g. were you actually driving erratically?)
  • Did the officer in question actually observe any odd behavior?
  • When you were driving, did you violate any traffic laws or other laws?
  • Did another driver call in your behavior to 911?  Did any member of law enforcement ever witness your poor driving behavior?
  • Did the weather, visibility or any other circumstance affect your driving?
  • Were you driving any different than any other citizen on the road?

If you have been arrested for drunk driving and are in the midst of the Los Angeles DUI Court Process, contact the DUI defense attorneys at Kestenbaum Eisner & Gorin, LLP today at 877-781-1570.  We can help walk you through the process and fight hard to defend your freedoms.

Los Angeles DUI Offenders Beware

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California is passing new laws which are going to severely punish Los Angeles DUI offenders, and other state DUI offenders.  The California highway patrol has announced the expansion of major tactics used against drunk drivers in Los Angeles and throughout the state.  These moves are being taken as "preventative measures" and have led to further funding for the CGP.  Their goal is to reduce the overall alcohol related crimes, including Los Angeles DUI cases.

The California Highway Patrol will have a strict enforcement of Los Angeles DUI laws as well as speeding, unsafe passing and more.  Los Angeles DUI defense attorneys regularly have to combat intense public scrutiny and law enforcement tactics, regardless of whether or not these tactics are constitutional.  For example, when the police take "preventative measures" against alleged Los Angeles DUI offenders, it could very well breach their right to a fair trial, right to a jury trial and even the basic concept of innocent until proven guilty.  Since Los Angeles DUI defendants are seen as guilty from the moment they are arrested, only a skilled Los Angeles DUI defense attorney can adequately provide legal representation.

Los Angeles DUI Defense

To successfully defend someone accused of a Los Angeles DUI, many aspects of the arrest must be taken into consideration.  For example, the actions of the arresting officer, the way the breath test or blood test was administered and even the paperwork involved should all be put under intense scrutiny.  Without these efforts, someone can be found guilty and have their life changed forever.  A Los Angeles DUI court process can threaten the defendant's ability to get a job, get to and from work, pick up their kids and even get to the store to purchase groceries. 

When the CHP increases their efforts to protect other drivers, they may be doing so at the expense of people's basic rights.

If you have been arrested for or charged with a Los Angeles DUI crime, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin today by calling 877-781-1570.

Dennis Quaid Avoids Los Angeles DUI Arrest

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In Los Angeles, celebrities are arrested and/or charged with driving under the influence all the time.  Unfortunately, without a highly skilled Los Angeles DUI defense attorney, even celebrities face serious consequences stemming from any DUI conviction.  If charged with driving under the influence, you need a skilled Los Angeles DUI defense attorney who understands the DUI court proceess as well as the best defenses for DUI.

While so many people feel that celebrities can get away with murder and policemen are looking for people to arrest, a recent event proves that celebrities and policemen are people, too.  Actor Dennis Quaid recently very narrowly avoided being arrested for driving under the influence of alcohol when a Los Angeles policeman suggested he call a taxi instead of driving himself home.  The "G.I. Joe: The Rise of Cobra," star was leaving a Beverly Hills restaurant in the early hours of the morning on October 22nd when he hopped into the driver's seat to drive himself, his wife and a friend home.  Before he could pull away, however, a police cruiser pulled alongside him and asked him to step out of his vehicle.  Video footage from website TMZ.com shows Quaid repeatedly being asked to step out of his vehicle before going back inside the restaurant to call a cab, saving himself from a possible arrest.

Driving under the influence of alcohol is a criminal offense that Los Angeles policemen take very seriously.  As many as 30% of traffic fatalities in 2008 occurred as a result of someone driving under the influence of alcohol.  Driving under the influence is a serious threat to the safety of the many drivers that share the road with you, and legislation in Los Angeles is increasingly strict in dealing with DUI offenders.  A new pilot program signed into law by Governor Arnold Schwarzenegger will require the installation and maintenance of an ignition interlock device in the vehicles of every Angeleno convicted of DUI.  The new pilot program is scheduled to go into effect in 2010 with installation and maintenance fees to be paid by the vehicle's owner.  Aside from the ignition interlock device, jail or prison sentences, alcohol counseling or rehabilitation or extensive fines are all common punishments for those convicted of DUI.  The length and severity of each punishment can vary depending on the offense itself.  Repeat DUI offenders would be subjected to ever harsher punishments while some first-time offenders may land themselves in jail if they cause enough damage or injury. 

If you or someone you know has been charged with driving under the influence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away.  Our attorneys have decades of combined experience in defending against DUI charges and we know that tiny details can make a big difference in your defense.  Call us today and let us fight for you.

Los Angeles DUI and Pro-Wrestling

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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!

Vehicular Manslaughter DUI and Multiple DUI Convictions

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The implications of driving under the influence of drugs or alcohol can reach far and wide.  Multiple DUI convictions can lead to enhanced punishment while the danger of not being in control of your senses can get innocent bystanders killed and land you in jail for a long time.  
Such were the cases of Jay H. Noffsinger and Michael Velardocchia.  Noffsinger, 47, was charged with past week with a felony driving under the influence offense in Ravalli County, Montana.  Noffsinger had been arrested on Sunday, April 26th, after county 911 dispatchers received reports of his erratic driving.  A Montana Highway Patrol Trooper noticed a strong odor or alcohol in Noffsinger's car when he pulled him over and found an open 24 ounce container of beer in the car.  Noffsinger refused to participate in the field sobriety tests that were requested by the trooper and he was then arrested.  
Noffsinger has had five prior DUI convictions in three different cities in Montana.  While Montana sentencing for DUI convictions may be different, in California, multiple DUI convictions leads to enhanced penalties.  For most people, the first DUI conviction would be classified as a misdemeanor offense and punished by fines, probation and potentially up to one year in a county jail.  In Noffsinger's case, four or more DUI convictions in a 10-year period would be punishable by fines, probation, license suspension for up to four years, and 6 months to three years in either a county jail or state prison.  Driving under the influence of drugs or alcohol is a very serious crime and California laws penalize it severely.
Driving under the influence is so dangerous, in fact, that people frequently die as a consequence.  Michael Velardocchia, 23, of Florida was sentenced to eight years in prison followed by 10 years of probation yesterday stemming from a 2007 incident involving DUI vehicular manslaughter.  Velardocchia was reportedly driving under the influence on February 21, 2007 when he hit a pedestrian.  Valardocchia's Ford Expedition overturned before he ran from the scene.  Police caught him shortly thereafter with the help of a canine unit.  Velardocchia pleaded guilty last week to DUI-Manslaughter and leaving the scene of an accident involving death.  
In Los Angeles, causing the death of another person, even while under the influence of drugs or alcohol, is also classified as a DUI Manslaughter and is charged as a felony offense.  A typical DUI Manslaughter conviction can land you in jail for up to four years, or, if gross negligence or extreme recklessness is proven, up to 10 years in a state prison may be handed down as punishment, in addition to long periods of probation and a criminal record that can limit your choices of career and employment.  
Driving under the influence charges can have serious, life-altering consequences.  Do not go through the legal process alone.  Call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away to see what your options are.  Their combined 50 years of courtroom experience will fight hard for you.

Los Angeles DUI Court Process

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Being charged with driving under the influence in Los Angeles can be a very complex and often confusing process. For that very reason, if you are facing DUI charges you need an experienced Los Angeles DUI defense lawyer with experience in dealing with driving under the influence cases. In Los Angeles, DUI cases typically involve a Department of Motor Vehicles hearing as well as criminal offense court proceedings.

The whole court process begins when a Los Angeles police officer pulls you over for driving recklessly or erratically. In Los Angeles, police must have a reason to pull you over. The police officer must observe bad driving such as swerving, running through stoplights or stop signs, speeding, or driving too slowly. Once pulled over, the police officer may administer one or several field sobriety tests, or take a breath sample to determine if you are intoxicated. Field sobriety tests and breath analysis tests must be administered according to strict procedures, so try to make mental notes about everything to discuss later with your lawyer.

If the police officer feels you are, indeed, driving under the influence of either drugs or alcohol, he or she will take your license, hand you a pink slip known as a Notice of Suspension and arrest you. The Notice of Suspension acts as a temporary, 30-day driving license while your DMV hearing and DUI trial are scheduled. You have 10 days from the time of your arrest to contact your lawyer and schedule a DMV hearing, which will reinstate your driving privileges until your DUI trial is finished. You may or may not be held in custody after your arrest, or released on your own recognizance.

Next in the court process, you will be arraigned. You and your lawyer will go before a judge in a Los Angeles courtroom where you will be informed of the charges against you. At this time, you and your lawyer will be able to enter either a guilty or not guilty plea. Your lawyer will be discuss this with you beforehand and recommend what he or she thinks is your best course of action. After the arraignment, pretrial motions begin. Your lawyer will either request to suppress certain pieces of evidence, or introduce evidence in your favor. Much of this is based on whether or not the police officer who arrested you followed proper procedure at the time of your arrest. Eventually, your DUI trial begins. Your lawyer and the prosecuting attorney will jointly select a jury and begin the actual trial. The trial is over when the jury has deliberated and come back with a verdict of either guilty or not guilty.

If you have been found guilty by the jury, the judge in the case will decide what kind of punishment you receive. Throughout this court process, a good Los Angeles DUI defense lawyer will keep you updated as to what is going on and prepare you for every step of the process. Being charged with a criminal offense is stressful, but knowing what is going to happen next can take away some of the anxiety. Hiring a good Los Angeles DUI defense lawyer to fight for you is the best thing you can do for yourself if you find yourself in such a situation.

The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP specialize in the aggressive defense of DUI - Driving Under the Influence charges resulting from drunk driving arrests throughout Southern California.

Bail in a Los Angeles DUI Arrest

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DUI trials in Los Angeles can be complicated, especially if you don't know or understand Los Angeles DUI laws or court proceedings.  For example, many people don't even know bail can be had during a DUI trial.  Los Angeles DUI defense lawyers regularly counsel individuals on matters such as bail in a DUI trial, and can be called upon to handle any and all DUI defense issues.

DUI arrests in Los Angeles can result in the accused remaining in custody until he/she posts bail.  Following a Los Angeles DUI arrest, drivers are either cited and released or held until bail is posted.  Bail in a Los Angeles DUI case is just like any other criminal case, although judges in DUI cases sometimes add additional terms and conditions, such as attending AA meetings. 

In most instance, a drunk-driving arrest in Los Angeles will result in being released on our own recognizance (OR) and the accused won't have to post bail at all.  DUI suspects are usually held for a number of hours and then released when the arresting officer is confident about the person's sobriety.

However, Los Angeles DUI arrestees are sometimes required to post bail, even where the offense is a misdemeanor DUI.  Most likely, these cases will arise when someone refuses to submit to a chemical testing or where there is a blood alcohol level (BAC) that is .15 or higher.  Also, if there is an accident or injury involved, bail may be required.

Any felony DUI cases in Los Angeles will certainly require bail, which is set depending on the type of crime.  Generally, felony DUI arrests will require bail of up to $100,000.

The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP specialize in the aggressive defense of DUI - Driving Under the Influence charges resulting from drunk driving arrests throughout Southern California. Our attorneys are Former Senior Los Angeles Prosecutors with more than 50 years experience litigating DUI charges in court and at DMV hearings. Our DUI defense firm has been recognized as a Top 5% U.S Law Firm year after year, receiving a "Preeminent" rating from Martindale-Hubbell, a nationally-recognized lawyers' review company.  We specialize in defending DUI cases in Los Angeles Superior Courts including in the San Fernando Valley, the Santa Clarita Valley, Pasadena, Metro Court on 1945 S. Hill Street and throughout Southern California.


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