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Monthly Archives - July 2014

24 Jul

Biggest DUI Cases in California since 2005

DUI attorneys in Los Angeles

I’ve found that most of the biggest cases of DUI in California almost always center around celebrities behaving badly. Since 2005, celebrity DUIs have been a public fascination, and why shouldn’t they be? Here are some of the biggest in recent memory.

Let’s start with the kid from The Sixth Sense, Haley Joel Osment. He may have seen dead people in real life after flipping his car on its roof in 2006. He broke his rib and dislocated his shoulder and was found to be under the influence as well as in possession of some marijuana. Of course, the media ran with this one because of his childhood stardom, even though there are dozens of cases like this every month in California.

Paris Hilton is another one of those celebrities who kept finding herself in trouble for a few years. Her 2006 DUI, while not the most spectacular, did garner attention because of her 45-day jail sentence. Most celebrities don’t end up spending even a day in jail for DUI. In her case, it took getting caught driving twice on a suspended license that finally got her jail time.

For something more spectacular, we don’t have to look any further than Mel Gibson. Gibson was pulled over in 2006 doing 87 in a 35 mph zone and then launched into one of the most famous anti-Semitic rants in recent history. This came on the tails of his release of the controversial Jesus biopic The Passion of the Christ. The rant was focused on the officer who pulled him over, who he assumed to be Jewish. While there is an audio transcription of the encounter, the tape has never been released to the public. However, if you want to hear some alleged Mel Gibson rants, browse YouTube for a minute or two and you’ll find several examples.

Perhaps the biggest DUI case in California, at least as far as the media is concerned, was involving Lindsay Lohan. It’s not the actual 2007 DUI that was so special but the media circus that surrounded it. Her image quickly went from that of a wholesome teenage starlet who was the darling of Hollywood to an out-of-control young woman with multiple DUIs, drug problems, and a complete lack of discipline. She had multiple run-ins with the law and then even more problems following the instructions given to her by the court.

While celebrities get all of the media attention, perhaps the biggest DUI case in recent history was actually a case of laboratory error in Orange County. The lab in Orange County provided inaccurate blood alcohol tests in more than 2,000 cases filed by prosecutors in 2013, according to letters sent out by prosecutors in November of that year. In more than 900 of these cases, the accused was convicted, at least partially based on these inaccurate results. The lab is downplaying the errors and has stated that only about 20 cases will see the 0.08 percent over-the-limit reading fall below the legal limit once the results are recalculated. Still, in those other cases, defendants were arguing at a disadvantage and likely received greater punishments than they deserved. This is what makes this case the biggest and most important in California in the past 10 years.
By Ted Burgess
Google

By Los Angeles DUI Info 0 Comments
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15 Jul

Top 12 Tips For New Lawyers

drunk driving lawyers in Los Angeles

Congratulations on joining the ranks of the legal profession! Now, it’s time for you to learn all of the things they don’t teach you in law school – the important things. Here are the 12 most important tips that I can give you to make your transition from legal novice to seasoned professional as smooth as possible.

  1. Listen three times as much as you talk. People around you who have been in the system know things that will come in handy. You don’t have to know the answers to everything – in fact, you’ll learn more from those around you than you ever did in class.
  2. Keep your staff happy at all costs. Without their support, you will find that you are working 10 times as hard and getting half as much done.
  3. Sometimes, you will be the one doing the legwork while someone else is getting the credit. This is just part of the process. To get to the good stuff, you’ve got to be willing to spend some time in the trenches. Those people you helped will be valuable allies later on down the road.
  4. It isn’t as important to tell someone the answer as it is to teach them why the answer is correct. This makes the recipient feel like you care about them because you took time out of your day to give a full explanation, and it will help you gain a reputation for intelligence as well as compassion.
  5. When a client or colleague is in your office, you are a host. Make sure you take care of them. This is all part of the reputation-building process. People are more likely to recommend someone they like – be that person.
  6. Be early for your appointments. There is nothing more inconsiderate than showing up late or wasting someone else’s time. If you are going to be late, call ahead and explain the situation. This shows the person you are having the meeting with that you value their time. Everyone likes to be valued.
  7. Understand how your client thinks. Your client cares about the value you bring in relationship to your cost. Don’t base your rates on what others around you think you should be charging – base them on what your client base is comfortable with.
  8. Take time to relax. All work and no play makes Jack an ineffective worker. You need to remain in balance to keep your mind sharp. Don’t neglect a vacation, and try not to take your work home with you.
  9. You don’t always have the best answer. If someone else does, give them credit for it. The client will get the best value, and you will have gained the trust of your colleague, who will likely want to work with you again.
  10. Manage your online image. Your clients and colleagues know how to Google you, and they will. Make sure your professional profiles are professional and your personal profiles are tasteful. If you post something that is polarizing on your social media channels, you risk alienating potential clients and coworkers.
  11. Sometimes a client doesn’t need you in the capacity of a lawyer. There is a modicum of trust in your position, and your client might just need someone they trust to talk to. You don’t always have to be making a case: Sometimes, just listening is enough.
  12. Your job is to communicate and communication is a two-way street. If no one understands what you are saying, you aren’t communicating. Use clear, concise language. Just because you have a huge vocabulary doesn’t mean everyone else does. Keep it simple.

Follow this advice and you’ll quickly find yourself in demand while your classmates wallow in the trenches for years on end.
By Ted Burgess
Google

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15 Jul

11 Of The Oddest Laws in California

Los Angeles drunk driving attorneys

California often gets a bad rap for having too many regulations. For the most part, though, these laws make life easier and safer for everyone. However, I’ve found that there are laws on the books that are either amazingly specific or things that should be common sense. I wonder why some of these things even became laws in the first place. For example, this first one seems like it should be a no brainer, yet here it is, passed in 2012.

  • It is Illegal to have sexual activity with detained persons. Yep, police officers and government employees are not allowed to touch people in incarceration in any sexual way. The full text of the law is very specific and mentions rubbing of breasts, sodomy, and other potential sexual activities.

Not every law is nearly as obvious as the first one. Most of these other laws fall into the category of “really? We needed a law for that?” A little bit of digging gets to the truth. Most silly laws are actually silly interpretations of laws that make sense or are holdovers from a bygone era.

  • In Los Angeles County, it is illegal to throw a Frisbee without the permission of a lifeguard. Why? That’s a really good question. The actual law is that if a lifeguard asks you to stop throwing a football, Frisbee, or other beach toy for the safety of other beachgoers, then you can be fined up to $1,000 for failure to comply.
  • In Norco, you have to get $100 permit to keep a rhinoceros. This is actually a law that covers all exotic animals. The residents of this area tend to have quit a few exotic pets and on occasion they get out. This necessitated the ordinance. Here is the text of the law:
    Section 8.05.020 Permit – Definition
    Except as provided in this chapter, no person shall possess, keep, maintain or have in his possession or under his control, within the city, any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, panther, ocelot, lynx, cougar, wolf, alligator, fox, raccoon, coyote, monkey, ape, chimpanzee, birds of prey, poisonous reptile, other dangerous or carnivorous wild animal, other vicious or dangerous domesticated animal or any other animal of wild or vicious propensities, without first applying to and receiving a permit from the city of Norco to do so.
    (Ord. 581, Sec. 1 (part), 1988)
  • In Los Angeles, it is illegal to wear a zoot suit. This law doesn’t make much sense today, but back in the 1930s and ’40s, good fabric was hard to come by because of the war effort. Zoot suits, because of their excessive fabric, were seen as unpatriotic. These suits were mainly worn by Hispanics in the Los Angeles area and led to several fights between the Hispanics and whites in the area. The law was passed to stop these large-scale altercations.

Some laws, however, just leave me scratching my head. These are laws that seem to exist for no other reason than to make life more complicated than it needs to be or to punish a single individual in a single locality. Let’s start with one from Fresno.

  • In Fresno, no one may annoy a lizard in a city park. Of course, the lizard is only part of the law. But did we really need a law to stop harassment of animals in city parks?
    Section 8-410. Disturbing animals in parks.
    No person shall hunt, pursue, annoy, throw stones or missiles at, or molest or disturb in any way, any animal, bird or reptile within the confines of any park. (Orig. Ord. 1076).
  • In the city of Walnut, it is illegal for a man to dress up like a woman unless prior permission has been gained from the sheriff.
    17-31 Male dressing as female.
    No man or boy shall dress as a girl or woman without a permit from the sheriff, except for the purpose of amusement, show or drama.
    (Code 1959, 4237.1)
  • Also in Walnut, no child can wear a Halloween mask without permission from the sheriff.
    17-32 Mask or disguise-Wearing.
    No person shall wear a mask or disguise on a public street without a permit from the sheriff.
    (Code 1959, 4237.2)
  • In Dana Point, you may not use your own bathroom if the window is open. It would seem that this law was meant to prevent certain smells from leaking out. Still, did we really need a law saying you have to close your windows before going number two?

Those laws make some sense, but there are some that are absolutely ridiculous. Don’t believe it? Check these California laws out.

  • In Chico, detonating a nuclear device incurs a $500 fine. Because $500 is going to take care of the damage done by a nuclear weapon, surely.
  • No vehicle may exceed 60 mph if there is no driver. This one leaves me scratching my head.
  • In San Francisco, it is illegal to store your things in your garage. The housing code makes this explicit and allows fines of up to $500 for improper use of the garage.
    Chapter 6 of the San Francisco Housing Code 399-89
    (a) No automobile or other motor vehicle shall occupy any portion of an apartment house or hotel except in a garage which meets the requirements of the Building Code and other provisions of the Municipal Code.
    (b) Use. Private and public storage garages in apartment houses and hotels shall be used only for storage of automobiles.
    (c) Separation. See Section 406.1 of the Building Code. When approved, existing separations in existing buildings may be acceptable.

This is only the tip of the iceberg when it comes to odd California laws. Almost every community has an ordinance covering something minor that has happened in the distant past. The good news is that most of these laws are not actively enforced, but they are still on the books.

By Ted Burgess
Google

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03 Jul

Over The Limit: Blood Alcohol Content By State

DUI breathalyzer test in Los Angeles

There was a time when driving over state lines could save you from a DUI. That’s not true anymore. Every state in the union has adopted the same over-the-limit point: 0.08 percent blood alcohol content (BAC). But that doesn’t mean that every state has the same penalties. Many states have an enhanced over-the-limit policy for drivers who are significantly above the legal limit. For California, a BAC over 0.15 percent will immediately put you in the enhanced category and get you higher fines and stiffer jail and rehabilitation penalties.

Obviously, these higher penalties are meant to serve as both preventative and punitive measures. It is interesting to note that enhanced BAC levels start at 0.15 percent and can reach 0.20 percent in some states before grater sanctions are imposed on drivers.

Here is when the enhanced penalties kick in:

  • Alabama: 0.15 percent
  • Alaska: 0.15 percent (at judge’s discretion)
  • Arizona: 0.15 percent
  • Arkansas: 0.15 percent
  • California: 0.15 percent
  • Colorado: 0.17 percent
  • Connecticut: 0.16 percent
  • Delaware: 0.16 percent
  • District of Columbia: 0.20 percent and 0.25 percent
  • Florida: 0.20 percent
  • Georgia: 0.15 percent
  • Hawaii: 0.15 percent
  • Idaho: 0.20 percent
  • Illinois: 0.16 percent
  • Indiana: 0.15 percent
  • Iowa: 0.15 percent
  • Kansas: 0.15 percent
  • Kentucky: 0.18 percent
  • Louisiana: 0.15 percent and 0.20 percent
  • Maine: 0.15 percent
  • Maryland: 0.15 percent
  • Massachusetts: 0.20 percent for underage drinkers
  • Michigan: 0.17 percent
  • Minnesota: 0.20 percent
  • Mississippi: N/A
  • Missouri: 0.15 percent
  • Montana: 0.16 percent
  • Nebraska: 0.15 percent
  • Nevada: 0.18 percent
  • New Hampshire: 0.16 percent
  • New Jersey: 0.10 percent
  • New Mexico: 0.16 percent with mandatory jail sentences
  • New York: 0.18 percent
  • North Carolina: 0.15 percent
  • North Dakota: 0.18 percent
  • Ohio: 0.17 percent
  • Oklahoma: 0.15 percent
  • Oregon: 0.15 percent
  • Pennsylvania: 0.16 percent
  • Rhode Island: 0.10 percent and 0.15 percent
  • South Carolina: 0.15 percent
  • South Dakota: 0.17 percent
  • Tennessee: 0.20 percent
  • Texas: 0.15 percent
  • Utah: 0.16 percent
  • Vermont: N/A
  • Virginia: 0.15 percent and 0.20 percent
  • Washington: 0.15 percent
  • West Virginia: 0.15 percent
  • Wisconsin: 0.17 percent, 0.20 percent, and 0.35 percent
  • Wyoming: 0.15 percent

In addition to the enhanced penalties for having a high BAC, there are other ways to get an enhanced penalty in certain states. For example, in Michigan, if a chemical test is refused at the time of arrest, there will be an administrative license suspension. The same is true in South Dakota, with a minimum of 30 days of suspension. Texas extends the suspension for test refusal to six months, and in Florida, refusal of a chemical test results in a year of license suspension.

If you are convicted of an enhanced-penalty BAC offense in certain states, a mandatory ignition lock may be placed on your primary vehicle. These states include Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Kansas, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Nebraska, New Hampshire, New Mexico, New York, Oklahoma, Oregon, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. Other states make it mandatory for repeat offenders or as a discretionary measure that can be added by judges. Currently, California has a pilot program in place in Alameda, Los Angeles, Tulare, and Sacramento counties that makes ignition locks a mandatory part of sentencing.

By Ted Burgess
Google

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