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Monthly Archives - June 2014

30 Jun

19 Celebrities With DUIs

Los Angeles drunk driving lawyer

Celebrities are real people, too. You may think they get away with things that the normal individual wouldn’t – and in some cases, you’d be right. But when it comes to drinking and driving, celebrities get DUIs just like the rest of us. Don’t believe me? Here are 19 reasons that you should.

Some of the names on this list will seem ludicrously obvious, while others might leave you a little shocked. Just know this – every celebrity on this list has had at least one DUI since 2007:

  1. Michelle Rodriguez
  2. Paris Hilton
  3. Kevin Hart
  4. Mike Tyson
  5. Vince Neil
  6. Shia LaBeouf
  7. Heather Locklear
  8. Michael Madsen
  9. Kiefer Sutherland
  10. Lindsay Lohan
  11. Jaime Pressly
  12. Jeffrey Donovan
  13. Mel Gibson
  14. Mischa Barton
  15. Nicole Richie
  16. Amanda Bynes
  17. Randy Travis
  18. Nick Nolte
  19. Gary Busey

Let’s talk about a few of these. It certainly makes sense that kids from ultra-rich families like Paris Hilton and her friend Nicole Richie are on this list. The same goes for rocker Vince Neil and perennial bad boys Michael Madsen and Nike Nolte.

You might not have been shocked to see Gary Busey on the list – he’s a weird one for sure, but strangely enough, the DUI you might be thinking about was something of a shock. That one was actually a staged event – Busey was framed by a local Malibu couple. Even though he was spotted “driving erratically,” when he was pulled over, he passed all of his sobriety tests. Lt. Rich Erickson, a Los Angeles County Sheriff’s Department spokesman, said, “Deputies determined that [Busey] was not under the influence of any drugs or alcohol. Apparently, he’s just not that good a driver.”

In addition to the not-so-surprising part of the list, there is also that group that can be described as young kids having a good time and not really thinking too much about the consequences. Amanda Bynes and Lindsay Lohan top this part of the list. I bet you’re surprised not to see Miley Cyrus on the list – it’s probably because she lets other people drive her around!

Let’s talk about some of the people who shouldn’t be surprises but were to me. Randy Travis is one. He tied one on so well in the summer of 2012 that he was found naked after crashing his Trans Am. He’d been having a bad run at that time and after the crash blew just under three times the legal limit – 0.21 percent.

Heather Locklear was another one that surprised me. Her DUI wasn’t a true case because she pleaded no contest and the case was dismissed, with her only having to pay a $700 fine and take 12 hours of road safety classes. Her DUI wasn’t alcohol-related but rather drug-related, although the details were not released.

I’ve saved the best for last – Shia LaBeouf. Back in 2008, LaBeouf was tagged with a DUI. This was long before his crazy plagiarism case and Twitter apology. This may have been the start of his downward spiral, as he clipped a car turning left at Fountain and La Brea avenues. He ended up getting a one-year license suspension for refusing a chemical test at the hospital.

Of course, there are hundreds of DUIs given out in Los Angeles County every day, so it stands to reason that at least a few of them will be given to celebs. There’s no doubt that we will see at least a few more high-profile DUIs this year.

By Ted Burgess
Google

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19 Jun

Everything You Need To Know About DUI Law

DUI Lawyers in Los Angeles

Everything You Need To Know About DUI Law

In Los Angeles, DUI is one of the most common arrests made. This could be a function of all the DUI checkpoints, the number of drivers on the road, or just an ignorance of the law. I am going to try to get rid of that last one for you. Once you understand how the law works and what your options are, you’ll be better equipped to handle a situation where you are face to face with an officer.

Intoxication Limits

The first thing you need to know about DUI is what the legal definition is. Depending on your age and the type of license you have, the legal blood alcohol percentages (BACs) are different. If you are a typical driver, over the age of 21, with no special license provisions, the legal limit is .08%. If you have a commercial license, the limit is half of that – .04%. For underage drinkers, the limit is 0.00%. This zero tolerance policy means that taking cough medicine could technically land you with a DUI.

Police Procedure and Your Options

If you are pulled over by an officer or stopped at a DUI checkpoint, you have options. The very first thing you can do if the officer starts asking you questions that you are uncomfortable answering is state in a very polite way that you refuse to answer any more questions without the presence of a lawyer. You may also refuse a field sobriety test because they are not required by state law.

If you are under 21, this is the end of your options. If you are provided with a breathalyzer test you must take it. At 21 years of age you may decline this particular test. Keep in mind, the court may feel that your refusal to take a sobriety test is an indication of guilt, and that if you are found guilty the judge may come down with a harsher penalty due to your uncooperative nature at the time of the incident.

Legal Process

Officers may decide that you are unable to drive and take you into the station to await an arraignment. You can post bail at this time and have someone else pick you up from the station. Your car will normally be impounded and there will be a fee to release it back to you. If there is another person in the car with you, they may be asked to drive and you will be released on your own recognizance.

At your arraignment you may choose to plead guilty, no contest, or not guilty. If you choose guilty or no contest you forfeit your right to contest the charges and you will be sentenced there on the spot. If you plead not guilty, you will be scheduled for a future court date.

At the time of your arrest for DUI, the officer is required to take your license and give you a notice of suspension and a temporary 30 day license. The suspension begins 30 days from your arrest date. If you are pleading not guilty in your DUI case, you should also challenge this administrative suspension to ensure you do not have your license suspended. You must request a hearing within 10 days of receiving your temporary license or the suspension will be considered no contest and go into effect.

Potential Outcomes

If you are found guilty of a DUI in Los Angeles, the penalty will depend on your past record. If this was your first offense you will get a mandatory 6 month suspension on your license, up to 6 months in county jail, sentenced to attend 3 to 9 months of alcohol classes and have to pay fines of between $390 and $1000. You will also have 2 points added to your license and your insurance rates will go up.

A second DUI within a 10 year period will result in a 2 year suspension of driving privileges, 4 days to 1 year in county jail, 18 months of alcohol classes and a $390 to $1000 fine.

A third DUI in 10 years will get you a 3 year license suspension, 4 months to a year in county jail, 18 months of alcohol classes and another $390 to $1000 fine.

By Ted Burgess
Google

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11 Jun

How Much Are College Students Really Drinking?

Los Angeles DUI Attorneys

Every year, there is a story or two about drinking on college campuses. It usually focuses on a tragedy due to some sort of fraternity or sorority event. Of course, these sensationalized stories focus on the tragedy at hand and then talk about the amount of drinking on college campuses. This is a huge concern for me, personally, because I end up defending a lot of college students accused of driving under the influence. The National Institutes of Health (NIH) and studies from the Harvard School of Public Health and the Core Institute paint a very stark picture when it comes to college drinking and binge drinking in particular.

How much are college kids drinking? A lot – at least according to these self-reported surveys.

According to Core Institute study participants:

  • Seventy-two percent of college students reported having a drink in the past 30 days, and 84% had a drink in the past year.
  • In the under-21 crowd, 69% had used alcohol in the past 30 days, and 82% had in the past year.
  • Freshmen reported drinking an average of more than five and a half drinks per week; 45% also reported binge drinking in the past two weeks.
  • Thirty-three percent of freshmen reported an increase in their drinking since entering college.
  • Seventy-nine percent of fraternity members felt that drinking is a central part of social life.
  • Seventy-two percent of sorority members felt that drinking is a central part of social life.

The biggest problem with the Core study is that it is a self-report. People aren’t always truthful when they are asked to self-report things, even anonymously. In this case, the self-reporting is likely to have trended higher because of the attitudes of the students toward drinking. Drinking in college is seen as socially acceptable and, in some cases, a requirement for being part of the “in crowd.” It’s this attitude that really stands out in the survey.

That leads to the real problem, which, according to the NIH, can be seen in the estimated number of injuries and deaths attributed to alcohol in this particular subset of society.

  • It is estimated that nearly 600,000 students between 18 and 24 are accidentally injured while under the influence of alcohol every year.
  • Among students of the same age range, 1,825 are killed in alcohol-related motor-vehicle crashes and through other unintentional injuries.
  • The most shocking number is the estimated 3,360,000 students ages 18 to 24 who drive under the influence of alcohol.

The NIH numbers made me shake my head – especially the estimated number of students who drink and then drive. When police and government officials see numbers like that, they get worried. If they are true, there is good reason to target and pull over young adults who might be swerving or otherwise driving erratically. This is one of the arguments that is brought up all the time to defend DUI stops in the LA area. Of course, being part of the college student demographic shouldn’t make you a target for unwarranted searches. Unfortunately, it might. If it does, call me – I can help.

By Ted Burgess
Google

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04 Jun

The Best TV Lawyers You Hate to Love

Los Angeles DUI Lawyers

Don’t feel bad if you’ve fallen for some of those “less than perfect” lawyers that invade your home on weekday nights. I’m a professional and still find myself rooting for Saul Goodman (In fact, I can’t wait for Better Call Saul to start). That made me think – what other lawyers are out there that people have really mixed feelings about? Let’s take a look at a few.

Saul Goodman – Breaking Bad

Saul is probably the whole reason that this article even exists. He has a shrewd legal mind and he doesn’t mind using it to help those in less than legal professions. His morals are questionable, but he sure is entertaining. He is willing to do just about anything (from class action lawsuits to helping Walt get set up with an entirely new identity). But the real reason we love Saul is his cheap and clever advertising and his ever optimistic take on things.

Saul sums up his character better than anything anyone else could say about him when he tells Skylar, “Walter never told me how lucky he was. Clearly his taste in women is the same as his taste in lawyers: only the very best… with just a right amount of dirty!”

Patty Hewes – Damages

Glenn Close played one of the most impressive evil lawyers in the history of television. As Patty Hewes, she came off as a brilliant master manipulator and could be described as the most ruthless lawyer ever to air on TV. She commanded the screen like few others have before or since. She was so good in this role that Glenn Close earned two Emmy awards and a Golden Globe for her portrayal.

I’m not sure why I don’t loathe this character more. There is something about understanding her motivations and needing to watch as she justifies the actions she takes that makes me cling to her. I followed the show when it jumped networks just to watch where Close took her character (and apparently I wasn’t the only one).

Denny Crane – Boston Legal

No one loves Denny Crane more than Denny Crane. He’s egotistical, smoke fine cigars and downs expensive scotch. He exaggerates his success (6,000 cases won and never a loss). He is shameless about the way he hits on women. Really, he is the epitome of what a sleazy lawyer looks like. Why do I love him? Because he’s all show.

He loves his guns and is a strict Republican through and through, but has a very close relationship with Alan Shore – a liberal to the core. In moments when he isn’t in court or on show – the private ones in his office – he shows that there is a real, feeling man under there. Oh yeah, and let’s not forget about the guns. Denny loves his guns and they come into play far more often than you’d expect.

The condition that really draws me close to him, though, is his struggle with memory and the beginning stages of Alzheimer’s. William Shatner plays the part to perfection.

Who is your favorite? Is it someone not on the list like Ted from Scrubs? Let me know. These are just my three favorites.

By Ted Burgess
Google

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