DUI Blogger

The Timberwolves’ center Al Jefferson was arrested this weekend on suspicion of DUI. Cops pulled him over after they allegedly saw him speeding and changing lanes without signaling. Jefferson then reportedly “failed” his field sobriety tests and submitted to a blood test before being arrested for driving under the influence.

As a Los Angeles DUI defense attorney, I immediately see two red flags: the first is that speeding is not indicative of drunk driving. And while the police seem to think it is, the National Highway Traffic Safety Administration (the nation’s leading authority on DUIs) does not.
The second problem is that Jefferson missed the last two and a half months of last season after injuring his right knee and undergoing surgery. This type of injury could easily (and innocently) explain a poor performance on any of the field sobriety tests (which should more appropriately be called field balance tests).

This is simply another example of why I always say that every DUI is worth fighting! It doesn’t matter how overwhelming the evidence appears, a good DUI defense lawyer can always find at least one legitimate issue to challenge.

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Posted In: Celebrity DUI Arrests , DUI , Exhibition of Speed , News & Information

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Former USC linebacker Rey Maualuga was arrested over the weekend for DUI. He reportedly blew a .157 on the breathalyzer, over twice the legal limit. He was stopped after allegedly hitting a parking meter and two parked cars.

While there’s nothing particularly noteworthy about these facts, it brings up an important point. If you find yourself in the unfortunate position of ever hitting a parking meter, bus bench, or other public property, you must report the incident or face possible charges for Vehicle Code 20002 hit and run.

California Vehicle Code 20002 hit and run charges may be filed anytime you hit public property and don’t immediately report the incident to your local law enforcement agency. You don’t have to leave a note like you would if you hit private property (someone’s car, for example), but you must inform the police.

While the details surrounding Maualuga’s arrest are somewhat scarce, we do know that he was charged with DUI and reckless driving. We can assume that he was either witnessed hitting the meter and cars or that he stopped after doing so, since he wasn’t additionally charged with a hit and run.

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Posted In: Celebrity DUI Arrests , DUI , DUI Accidents , DUI Expungement , DUI Legislation , Hit & Run , News & Information

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Adrian Pasdar, one of the stars of the show “Heroes” was arrested early Wednesday morning on suspicion of DUI. Although he refused to submit to a chemical blood or breath test, he allegedly smelled of alcohol, “failed” his field sobriety tests (FSTs), and was driving erratically. Because of these facts, Pasdar faces increased California DUI penalties.

The California Highway Patrol observed Pasdar on the 405 San Diego Freeway driving over 90 miles per hour and straddling two lanes. When they pulled him over, they smelled the alcohol within the car.

If Los Angeles Prosecutors convict Pasdar of DUI, he will likely face at least 96 hours in a county jail. This is because factors such as excessive speed and refusing to submit to a blood or breath test are considered aggravating circumstances. Each aggravating circumstance typically results in a minimum 48-hour jail sentence in addition to whatever other DUI penalties are imposed.

As a practical matter, DUI defense attorneys oftentimes are able to negotiate DUI diversion sentences that eliminate these jail requirements.

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Posted In: Celebrity DUI Arrests , DUI

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Defensive superstar Carlos Dunlap of the Florida Gators was arrested for DUI early yesterday. Police approached his car when it was stopped at an intersection while he had a green light. Dunlap was allegedly found asleep, slumped over his steering wheel. As expected, the police reported that he failed his field sobriety tests. He also reportedly refused to submit to a chemical DUI blood or breath test.

At first glance, the “evidence” against Dunlap looks pretty bad. However, DUI charges are always worth fighting! Maybe he was suffering from a medical condition that caused him to pass out behind the wheel…maybe he was fatigued from practice which is why he “failed” his FSTs…maybe he was, in fact, DUI but the officers didn’t follow the proper legal procedures…procedures that compromised the integrity of the entire DUI case.

Continue reading "Florida Gators Carlos Dunlap Arrested for DUI" »

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Posted In: Celebrity DUI Arrests , Chemical Test Refusal , DUI , DUI Consequences

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Late Thursday night, early Friday morning, Alexandra Kerry (Sen. John Kerry’s 36-year old daughter) was arrested for DUI in Hollywood.

Kerry was reportedly pulled over because of expired registration tags. L.A.P.D. officers suspected her of driving under the influence and conducted a DUI investigation. After refusing an on-scene breathalyzer test (commonly known as a PAS test) and allegedly “failing” her FSTs, Kerry was arrested and booked into the Hollywood police station. Kerry then submitted to a DUI chemical blood test, the result of which revealed a BAC of 0.06%...0.02% lower than California’s illegal limit of 0.08%.

Although Kerry could technically face a charge for Vehicle Code 23152(a) which prohibits driving under the influence regardless of what her BAC was, it is more likely that the case will be dismissed or plea bargained down to a lesser charge.

Continue reading "Sen. John Kerry's Daughter Arrested for DUI Despite 0.06% BAC" »

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Posted In: Celebrity DUI Arrests , DUI , DUI Consequences , DUI Legislation , Field Sobriety Tests , News & Information

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Shayne Lamas, the former “Bachelor” winner and star of the new reality series “Leave it to Lamas” was arrested Saturday night at a DUI checkpoint in Venice, California. Shortly thereafter, she personally issued the following statement-

"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."

What is the lesson here? As any California DUI defense attorney will tell you, don’t ever make any unnecessary statements...ever! In fact, this is one of the most important tips to reduce the likelihood of a California DUI conviction.

The reason that this is so important is because any statements that you make can and will be used against you…the prosecution will make sure of it. While Lamas’s statements seem innocent enough, they will undoubtedly be used to impeach her credibility during DUI plea bargaining or at trial.

Continue reading "Reality Series Actress Shayne Lamas Arrested at California DUI Checkpoint" »

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Posted In: Celebrity DUI Arrests , Checkpoints , DUI , DUI Consequences , News & Information

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Thomas Dekker, who played John Connor on the Terminator television show, was arrested in California for DUI after hitting a 17-year old who was riding his bike in the San Fernando Valley. The Los Angeles City Attorney’s Office charged Dekker with two counts of misdemeanor DUI…Vehicle Code 23152a VC driving under the influence and Vehicle Code 23152b VC driving with a BAC of 0.08% or greater.

Despite the fact that the cyclist was knocked off his bike and taken to the hospital for minor injuries, Dekker is still being charged with a “typical” DUI charge instead of a DUI causing injury.

Vehicle Code 23153 DUI with injury is generally reserved for situations where the defendant acted negligently in addition to driving under the influence. If, for example, Dekker was DUI and sped or otherwise committed another traffic violation…and injured the cyclist as a result…he would be more likely to face charges under VC 23153. There are, however, no reports of any negligent driving in connection with this DUI case.

Dekker was released from the Van Nuys Jail on $100,000 bail.

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Posted In: Celebrity DUI Arrests , DUI , DUI Accidents , DUI Consequences , News & Information

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Last week, Minnesota Viking’s Cedric Griffin pled guilty to misdemeanor DUI. There are a couple of things that are interesting about this case.

The first is that Griffin was arrested after he voluntarily pulled over…apparently because he believed he was too impaired to drive. The second is that the judge must have taken that into consideration when he sentenced Griffin for driving with a blood alcohol concentration (BAC) of 0.08% or greater.

The plea stems from incidents that took place last August when Griffin and others all parked their cars at a hotel…which was only about five minutes from Griffin’s home…and hired a limousine to pick them up to take them out. After they returned to their cars, Griffin began driving home. After a couple of minutes, he pulled over, reportedly because he didn’t feel it was safe to continue. Moments later, he was approached by a police officer who subsequently arrested him for DUI.

Continue reading "Minnesota Viking's Cedric Griffin Pleads Guilty to DUI" »

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Posted In: Celebrity DUI Arrests , DUI , DUI Accidents , DUI Consequences , News & Information

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Last week, a Malibu judge agreed to expunge Mel Gibson’s now infamous 2006 DUI. That was the incident where Gibson not only threatened the Los Angeles County Sheriff who stopped him but also blamed the Jews for all the world’s wars.

Despite Gibson’s anti-Semitic rant and other bizarre behavior, the judge granted his California DUI expungement because he completed his court-ordered probation.

You are eligible for an expungement under California’s DUI expungement laws if:

1. you were placed on probation,


2. you successfully completed that probation,


3. you aren’t currently serving a sentence for another crime,


4. and you have no other pending criminal charges.

Continue reading "Mel Gibson's Infamous DUI Expunged" »

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Posted In: Celebrity DUI Arrests , DUI , DUI Accidents , DUI Consequences , DUI Expungement , News & Information

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Roger Avary, the Oscar-winning co-writer of “Pulp Fiction”, was sentenced last week in the Ventura Superior Court to one-year in a county jail, five years formal probation, and over $5,000 in fines for a California DUI he suffered early last year. Avary was driving his Mercedes over 100 mph when he crashed into a telephone poll. The accident ejected his wife from the car and killed his passenger.

Avary pled guilty to Penal Code 191.5a gross vehicular manslaughter and DUI causing injury. He also admitted allegations that he caused multiple victims to suffer great bodily injury during the commission of the crime. A “great bodily injury” is a significant or substantial injury…if inflicted, the defendant usually suffers an enhanced jail or prison sentence.

Just based on the great bodily injury allegations alone, Avary could have been sentenced to five years in the California State Prison. The gross vehicular manslaughter charge (which is typically a felony) invites a four, six, or ten-year prison sentence. This means that Avary could have been sentenced to a prison term of between nine and fifteen-years if you add up all of his exposure.

Continue reading "Pulp Fiction Writer Convicted of Misdemeanor Gross Vehicular Manslaughter" »

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Comedian Artie Lange pled guilty to DUI in a New Jersey Court yesterday. Lange was arrested back in July following a minor traffic accident. A regular on the Howard Stern show, Lange claims that at the time of the incident, he was under the influence of prescribed sleeping pills he had taken the night before.

This news falls on the heels of yesterday’s blog, where I specifically addressed driving under the influence of drugs (DUID) as a fairly common trend. While Tawny Kitaen’s arrest (the topic of yesterday’s blog) was likely (though not necessarily) drug-related, Lange’s was admittedly due to a prescription sleep aid.

If you are unable to drive your car in the same manner as a sober driver would under the same circumstances, California will prosecute you for driving under the influence of drugs, regardless of whether the drugs were illegal, prescription, or over-the-counter.

Continue reading "Comedian Artie Lange Pleads Guilty to DUI" »

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Posted In: Celebrity DUI Arrests , DUI , DUI of Prescription Drugs , Driving Under the Influence of Drugs , News & Information

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Tawny Kitaen, the former actress, most commonly known for her sultry appearances in Whitesnake music videos from the 80’s, was arrested in California Saturday on suspicion of DUI. Although not too many details were released, the Newport Beach police reported that she was arrested at about 3 p.m. for driving her Range Rover under the influence of alcohol or drugs.

Kitaen was most recently featured on season two of the VH1 reality series “Celebrity Rehab with Dr. Drew”. Based on the time of day that she was arrested, and on the fact that Kitaen was previously convicted of felony cocaine possession, and is an admitted abuser of various prescription meds, it’s very likely that the DUI was drug related.

While DUIs typically involve alcohol, driving under the influence of drugs (DUID) is very common, too. California law draws no distinction between the two…if you drive under the influence of drugs and/or alcohol, you will be prosecuted under Vehicle Code 23152a.

In similar fashion, the state makes no distinction between illegal, prescription, or even over the counter drugs. If a drug, any drug, impairs your mental and/or physical abilities to such a degree that you “no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances", you can be arrested and convicted for a California DUI.

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Posted In: Celebrity DUI Arrests , DUI , DUI of Prescription Drugs , News & Information

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It was reported last week that the former teen idol, now 67, is facing charges for driving under the influence when his 1969 Bentley jumped a curb and swiped a pole, shrubbery, and a landscape wall outside a yoga salon in Pennsylvania. He is set to appear in court on November 19, 2009 to answer for the DUI charges.

Although he reports only having “a couple of cocktails” at lunch earlier in the day, his blood alcohol concentration was 0.17% - more than twice the legal limit.

Rydell claims that the reason he lost control is because he was trying to avoid a car that was tailing too close. He also maintains that the reason he couldn’t lift his leg during one of the field sobriety tests (FSTs) was due to a hip transplant.

While it would appear that the evidence is overwhelming against him, that’s never the case. Rydell’s charges were based on a chemical blood test result. This means that his DUI defense attorney can possibly challenge the results of that test.

For example, in California, chemical blood tests must be obtained, stored, and analyzed under very strict conditions. Any violations of these procedures could compromise the accuracy of the test, which could result in reduced, or even dismissed, charges.

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Posted In: Celebrity DUI Arrests , DUI , News & Information

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The Los Angeles Times reports that on December 13, 2008, Ventura County prosecutors charged screenwriter Roger Avary with gross vehicular manslaughter. Avary pleaded not guilty to manslaughter and other charges which arose from a January 2008 single-car collision on a rural Ojai road.

According to the prosecution, late on January 13, 2008, Avary missed a turn and crashed his vehicle into a telephone pole. The impact killed one passenger, Andreas Zini, a family friend; and injured another passenger, Avary’s wife Maria.

Avary has been charged with manslaughter and two felony counts of causing bodily injury while intoxicated. Gross vehicular manslaughter carries a potential prison term of 2 to 6 years, depending on the relevant circumstances of the case.

Continue reading "Pulp Fiction, Beowulf Screenwriter Charged with DUI" »

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Posted In: Celebrity DUI Arrests , DUI , News & Information

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On January 2, 2009, actress Heather Locklear pleaded no contest to a charge of misdemeanor reckless driving, reports TMZ.com. Locklear’s no contest was delivered as part of a plea bargain which resulted in the dismissal of DUI of drugs charges against the 47-year-old actress.

In September 2008, according to Reuters, a California Highway Patrol officer responding to a 911 call arrested the actress after finding her car blocking a traffic lane near Montecito. Breath tests failed to indicate the presence of alcohol, and she was charged with driving under the influence of drugs.

California law makes no real distinction between impairment caused by prescription medication such as anti-depressants and cold medicines, and impairment caused by illegal drugs such as cocaine or marijuana. Also, a California DUI drugs charge carries a more significant social stigma than drunk driving. Clearly a lot is at stake for anyone facing a DUI drugs charge.

Continue reading "Anatomy of a California DUI Case: Heather Locklear " »

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Posted In: Celebrity DUI Arrests , Driving Under the Influence of Drugs , News & Information

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Heather Locklear, the actress and former star of television shows such as “Melrose Place” and “Spin City,” was recently arrested on suspicion of driving under the influence of controlled substances, the Los Angeles Times reported in a recent article.

California Highway Patrol spokesman Tom Marshall said CHP had taken Locklear into custody after responding to a 911 report of a woman driving erratically the afternoon of September, 28, 2008 in a Montecito parking lot. Officials reportedly discovered Locklear’s car parked on State Route 192 and found she was disoriented and “under the influence of something.” She was booked on charges of driving while impaired and being under the influence of a controlled substance. While Locklear tested negative for alcohol at the CHP’s Santa Barbara-area office, the results of the drug test are pending.

This case was widely publicized in the media because it involved a famous actress. But driving under the influence is one of the most common offenses in California and the rest of the United States. A DUI conviction can have serious effects on an individual’s life and career. As opposed to celebrities who move on with their lives, a normal person suffers grave consequences including loss of driver’s license, severe fines and penalties and possible jail time.

If you have been accused of driving under the influence, you need an experienced Southern California DUI defense attorney who will aggressively fight for your rights. If you have been arrested on suspicion of DUI, please call us for a free consultation.

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She’s just the latest in a string of starlets facing trouble with the law after driving under the influence. Now Mischa Barton, a young actress who performed on the popular teen soap “The O.C.,” has pleaded no contest to driving under the influence (DUI) after a December pullover. Barton, who is 22 years old, attracted the attention of an officer after straddling lanes and failing to use her turn signal. Baron pleaded no contest to both DUI and driving without a license. Barton will now begin three years of probation for her crime.

Contrary to popular belief, a “no contest” plea is not the same as a guilty plea. Rather, a no contest plea means that the defendant in a case neither contests nor claims guilt for the charges at hand. Generally, no contest pleas are associated with a plea bargain. It is safe to assume that Barton’s high-powered attorneys brokered a plea deal with the court, obtaining probation instead of revoking her license. Though a no contest plea can have its advantages, it could backfire if a DUI case is brought to civil court, since it is often interpreted as a guilty plea by civil juries.

Continue reading "Mischa Barton Faces the Music for DUI" »

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Actress Michelle Rodriguez has been released from Lynchwood County Jail in California after serving only 18 of 180 sentenced days. Her release was due to overcrowded conditions at the jail, which allows female inmates who have not proven themselves to be violent to serve as little as ten percent of their sentence before release. This is not the first DUI-related jail stay for Lost star Rodriguez, whose well-publicized brush with the law landed her in another California jail in 2006. Rodriguez has also served a probation term after driving with a suspended license and pleading no contest to a DUI in 2003.

Rodriguez’ release is not uncommon for those sent to jail on repeat-offender DUI charges. California’s jails are notoriously overcrowded, and many have a program that releases non-violent offenders who have served part of their term on good behavior. However light the jail’s treatment of Rodriguez’ DUI, however, in general California DUIs are punished severely. In fact, the state of California requires that jail time be served for certain DUI offenses. Even a first-offense DUI will rack up a required 48-hour jail sentence, while second offenses require a minimum of 96 hours served. Third-time offenders will face 120 required days of jail, though many counties punish a third offense with up to a year in jail. A fourth-time offender is subject to a felony conviction, which can affect a DUI offender’s ability to work.

Jail time, probation, loss of license and hiked-up insurance rates are harsh realities for those convicted of a California DUI. You may be confused, angry and worried when you get accused of a DUI, but you must not waffle when it comes to addressing the charges laid against you. You have only a limited amount of time in which to obtain competent and aggressive legal counsel to help defend you against DUI charges. Neil Shouse & Associates are committed to helping clients overcome DUI charges. Have you been charged with a California DUI? Call us today for a free consultation.

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Actor Kiefer Sutherland has pleaded no contest to a misdemeanor drunk driving charge, according to a news report in The Los Angeles Times . The “24” star was arrested on suspicion of driving under the influence of alcohol and a probation violation stemming from a separate DUI case three years ago.

The DA’s office has recommended to the judge that the actor be sentenced to 48 days in jail on both those charges. But if the judge does not accept the plea deal, Sutherland faces up to one year of jail time. The actor is scheduled to be sentenced Dec. 21 before Los Angeles Superior Court Judge, Stuart Rice.

Sutherland was stopped at the corner of La Cienega and Beverly early morning Sept. 25 after he was reportedly spotted making an illegal U-turn. Officers then made the actor take field sobriety tests, which he reportedly failed. The Times also reported that the 40-year-old actor’s blood alcohol level was more than twice the legal limit in the state of California, which is .08. Celebrity Web site TMZ reported that Sutherland was returning from a Fox party at a night club near where he was arrested.

Apparently, this wasn’t Sutherland’s first alcohol-related offense. The Times reported that he already had three of those on his record. Sutherland had released a statement through his publicist that he was “very disappointed” in himself.

Although this incident involves a celebrity, it’s not too different from a common DUI arrest that occurs on city streets every day. Most police agencies administer Breathalyzer tests and field sobriety tests, but not many of us know that we have the right to not take the field sobriety tests. Our attorneys have found in their handling of numerous DUI cases that many police officers lack the knowledge and training to conduct these field sobriety tests effectively.

If you or a loved one has been arrested on suspicion of a DUI, call our knowledgeable Southern California Drunk Driving defense attorney to schedule your free consultation and discuss your case. A DUI case can have dire consequences on your career and family life. Your license could get suspended or revoked. Don’t delay. Call us today.

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Reality television star Jessica Smith, who appeared on all three seasons of the hit show “Laguna Beach: The Real Orange County” pleaded guilty to one charge of misdemeanor drunk driving. She was sentenced on July 6 to three years of probation, ordered to perform 80 hours of community service and pay $1,300 in fines and penalties, according to an article posted on Fox News’ Web site. Smith did not appear herself in Orange County Superior Court, but her attorney entered the plea, the article said.

The 19-year-old was arrested in March on suspicion of driving under the influence of alcohol, a felony, after she crashed her 1999 Volkswagen Beetle into the back of an Acura on the San Diego (5) Freeway in Mission Viejo. According to a California Highway Patrol report at the time, Smith could not stop her car in time to avoid hitting the Acura and the causes for the accident included Smith’s level of intoxication, speed and the wet freeway. A March article in The Orange County Register stated the driver of the Acura suffered minor injuries, as did Smith’s passenger in the Beetle. Although Smith was arrested on suspicion of a felony DUI at the time because there were injuries involved, the charge was later reduced to a misdemeanor with the injuries being not serious, officials said. Smith, a student at Saddleback College in Mission Viejo, was only one of two cast members in the “Laguna Beach” reality show to appear in a major role in all three seasons.

Continue reading "Former Star of “Laguna Beach” Pleads Guilty to Misdemeanor DUI" »

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A drunk driving arrest can affect a person’s life in ways they possibly cannot imagine – whether that person works a job at a school or a bank or whether he or she is a highly-paid athlete. NFL star Tank Johnson, formerly of the Chicago Bears, found that out for himself last month when his team kicked him out after a June 22 arrest on suspicion of speeding and driving under the influence of alcohol.

But, ironically, in a recent development police decided not to file charges in Johnson’s case because a blood test done after the arrest showed that the football player was in fact not legally drunk, according to an Associated Press news report posted in the Chicago Sun Times. His blood alcohol level was .072 and that is obviously under Arizona’s legal limit of .08, the state where he had been arrested.

Johnson was pulled over in the early morning hours of June 22 when police allegedly caught him driving 40 mph in an area where the speed limit was 25 mph. Although his blood alcohol level was below the legal limit of .08, authorities could have still charged him with a lesser misdemeanor drunk driving charge under an Arizona law that provides for such prosecutions based on overall symptoms of intoxication.

Continue reading "Johnson Not Charged With DUI, But Still Remains Fired From Team" »

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The news has been buzzing all weekend about Paris Hilton, who received a 45-day jail sentence Friday for charges that originally stemmed from an arrest for driving under the influence. Hilton pleaded no contest to a DUI charge in January, had her license taken away and was put on probation. This could have been the end of the story; unlike many Californians charged with driving under the influence, Hilton can afford a driver. But she was pulled over later that month and given a written warning, and again in February, when she was cited for driving on a suspended license and violating her probation. Her failure to sign up for alcohol education classes after that incident was what landed her in court.

Hilton’s defense was a fairly common one: She claimed she didn’t know her license was suspended. In fact, news reports suggest that a staffer told her she was cleared to drive after 30 days. “I have people who do that for me,” she said. “I just sign what people tell me to sign.”

Hilton is catching a lot of flack in the celebrity press for this statement, but in fact, not knowing your license is suspended can actually be a defense. The key is showing that you didn’t know it. Since notification comes by mail -- which can be unreliable and easy to lose -- jurors are often sympathetic to defendants who testify that their paperwork just got lost in the shuffle of daily life. Prosecutors must prove beyond a reasonable doubt that you did receive and understand it, a difficult burden to meet. Unfortunately for Hilton, this was not a defense in her case because she had a written warning from January and was carrying paperwork related to her DUI in the back of her car when she was pulled over.

Incidentally, although Hilton’s celebrity may have contributed to the harshness of her sentence, 45 days in jail isn’t that unusual for a defendant with a prior DUI and several warnings.

Nonetheless, she may have been able to avoid jail time if she had fought the DUI in the first place -- and she may have been able to mount a good defense, as her BAC was just around the legal limit. After the no-contest plea, she could have reduced her sentence by signing up for the alcohol classes, or taken other steps to show the judge that she was assuming responsibility for her infractions.

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Paris Hilton will serve 45 days in county jail for violating her probation arising from an alcohol-related reckless driving case in September 2006.

A Los Angeles Superior Court judge ruled Friday that Hilton must go to jail on June 5 and will not be allowed any work release, furloughs, and use of an alternative jail or electronic monitoring in lieu of jail, according to an article posted on MSNBC’s Web site.

The article said Hilton apologized to the judge during the hearing, but that apparently did not convince the judge. She was then ordered to report to a women’s jail in suburban Lynwood on the set date or face 90 days behind bars. The judge’s ruling excluded her from paying to serve time in a jail of her choice, as some are allowed.

Hilton, 26, pleaded no contest in January to reckless driving stemming from a Sept. 7, 2006 arrest in Hollywood. Police said she appeared intoxicated and failed a field sobriety test. She had a blood-alcohol level of .08 percent, the level at which an adult driver is in violation of the law. She was sentenced to 36 months probation, alcohol education and $1,500 in fines. Prosecutor say two other traffic stops and failure to enroll in a mandated alcohol education program, are what brought Hilton back to court.

Continue reading "Probation Violation Gets Paris Hilton Jail Time" »

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Rapper Busta Rhymes, who was arrested last week in New York City on suspicion of driving while impaired, says it was all because of “one little lousy shot of Hennessy,” according to celebrity Web site TMZ.

Officers stopped the 34-year-old rapper at about 12:40 a.m. on May 3 because the sport utility vehicle he was driving had overly tinted windows, according to news reports.

The TMZ news report also states that when the cops accosted the rapper yesterday, he told officers that he’d only had “a shot of Hennessy” before he drove away in his 2006 GMC Yukon Denali. TMZ also got a hold of the Rhymes’ arrest report, which said that the rapper had “watery and bloodshot eyes.”

According to NYPD spokesperson Detective John Sweeney, when officers approached Rhymes’ car, he was found to have a “strong odor of alcohol on his breath” and when they asked him to present his paperwork, “he dropped his wallet to the ground” while showing it to the officers.

Officers also administered a field sobriety test, which he failed, the TMZ report said. It was then that the officers took him to the station, where Rhymes registered blood alcohol content (BAC) of .067 during a breath test. Though the number is below the legal threshold of .08, Rhymes was charged with one count of operating a motor vehicle while intoxicated and one count of operating a motor vehicle while impaired.

Continue reading "Busta Rhymes Busted on DWI charge" »

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City prosecutors filed misdemeanor charges Friday against Eve stemming from a traffic accident in Hollywood last week, according to an article posted on MSNBC’s Web site.

The rapper-actress, whose real name is Jihan Jeffers, was charged with driving under the influence, driving with a blood-alcohol level of .08 or above, and failure to provide proof of insurance, officials said. The charges stem from an April 26 arrest when officers stopped Eve at 2:40 a.m. after her car struck a raised concrete center median on Hollywood Boulevard. A breath test showed her blood-alcohol level was above the legal limit, according to the article. The rapper-actress, who is scheduled to be arraigned May 17, faces a maximum penalty of six months in jail and a $1,000 fine.

A statutory minimum sentence would include a minimum of three years’ probation, a fine of at least $390, and an alcohol education program, among other DUI-related conditions. Eve, considered a protégée of gangster rap trailblazer Dr. Dre, has released several solo albums and won a Grammy in 2001 for the single “Let Me Blow Ya Mind” with Gwen Stefani. Her movie credits include “Barbershop,” and once had her own self-titled sitcom.

Is the information provided in this article sufficient evidence to show the actress was driving drunk? Absolutely not. The breath test showed her alcohol level to be above legal limit. There are many reasons why a Breathalyzer test shows a reading higher than it should – from lack of food to the kind of food she ate. Was she distracted by something on the road or in the car before she struck the center median?

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Paris Hilton was placed on 36 months probation and ordered to pay fines after pleading no contest to alcohol-related reckless driving, a reduction of an original charge of driving under the influence, according to an Associated Press news report posted on CBS News’ Web site.

Hilton did not appear in court, but her attorneys entered the plea on her behalf. Judge Michael Sauer also ordered her to attend an alcohol education program and imposed other conditions. He gave her the option of reducing her probation to 24 months if she completed 40 hours of community service. No immediate decision was made on that option. The fines, plus penalty assessments totaled about $1,500.

The 25-year-old hotel heiress drew international attention with her Sept. 7 arrest after allegedly being seen weaving on a Hollywood street in her Mercedes-Benz. Police said she appeared intoxicated and failed a field sobriety test. She had a blood alcohol level of .08 percent, the level at which an adult driver is in violation of the law.

Hilton later said she may have been “speeding a little bit” and was on her way to get an In-N-Out burger. She had been filming a music video all day without eating and that the only alcoholic beverage she had consumed prior to her arrest was a margarita earlier that evening at a charity event, Hilton said. A no-contest plea is not an admission of guilt but is equivalent to a guilty plea for determining sentencing.

Continue reading "Paris Hilton Wanted her DUI to Go Away" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests

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Actress and reality TV show star, Nicole Richie, joined the long line of celebrities charged with driving under the influence after her DUI arrest in December.

Richie’s lawyer entered a not guilty plea on her behalf on one misdemeanor DUI charge, according to an Associated Press news report. The complaint alleges the actress was under the influence of an alcoholic beverage and an unspecified drug when she was arrested during the wee hours of Dec. 11. According to the article, 911 callers reported that the actress, who was alone in her 2005 black Mercedes Benz sport utility vehicle, was headed the wrong way on the Ventura (134) Freeway in Burbank at about 12:30 a.m. When California Highway Patrol officers found Richie, she was stopped in a car-pool lane facing the right way. Officers arrested the 25-year-old actress after she reportedly failed a field sobriety test.

Officials also said that the actress voluntarily told officers at the time that she had smoked marijuana and taken the prescription painkiller Vicodin, but police reports show no drugs were found on her or in the car. In addition to the single DUI count, Nicole Richie’s case contains an additional allegation that she had a prior misdemeanor DUI conviction in June 2003. The California Vehicle Code states that if convicted of DUI twice within 10 years, a person could be sentenced up to a year in jail, faces fines of up to $1,000 and could have his or her driving privileges suspended.

It is interesting that Richie agreed to take a field sobriety test, which eventually led to her arrest. Drivers who are stopped on suspicion of DUI or DWI are routinely asked by police officers to perform one or more field sobriety exercises. These roadside exercises are one of the tools that help DUI officers determine whether the suspect may be driving under the influence and whether he or she should be arrested and taken for further blood or breath alcohol tests.

Continue reading "Nicole Richie’s DUI Arrest Teaches an Important Lesson" »

Posted by Neil Shouse | Permalink | Email This Post

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The Mel Gibson DUI case is long over, perhaps not all forgotten. But the media will continue to feed hungrily on every celebrity who gets slapped with a DUI charge. The list is long – Paris Hilton, Ray Liotta, Nicole Richie, Lindsay Lohan. However, sensational as these stories are because of who is involved in them, when you look at it as a DUI case, it is quite routine.
If you or I had been arrested on the same DUI charge (and there are thousands arrested for drunk driving every day in this country), we wouldn’t hear about it in our newspapers’ police or court blotters let alone through the mainstream media outlets.

Consider the Mel Gibson DUI case. This was a pretty standard DUI case. California Drunk Driving attorneys deal with these types of driving under the influence cases on a daily basis. The actor’s blood alcohol level at .12, was clearly over the legal limit of .08. But in a DUI case that’s not uncommon. Gibson had no accident no prior DUI conviction other than a 20-year-old Toronto DUI that had been dismissed. The California Vehicle Code states that a person faces jail time only if convicted of DUI twice within 10 years. No problem there for the actor.
Any California DUI attorney knows that the worst possible scenario for Mel Gibson was a fine, three months of DUI education, license suspension, probation and possibly, community service. What attracted more attention than his DUI was the sexist, anti-Semitic words that came out of his mouth. Although those words were hateful and reprehensible, we must remember, they had nothing to do with the DUI charge.

Continue reading "Mel Gibson's DUI arrest – much ado about nothing?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests

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