California Criminal Defense Attorneys

July 22, 2010

The July 4 Weekend Resulted in Many DUI Arrests in Orange County

Police officers spend every Fourth of July weekend cracking down on drunk drivers in California. The Orange County Register reports that this year, 51 DUI arrests were made over the holiday weekend in Orange County. Last year, 57 people were arrested during Independence Day weekend.

Authorities know that many drivers are coming from a celebration and there is an increased probability of drivers being under the influence of alcohol. To combat this problem, the California Highway Patrol considers this holiday weekend to be “a maximum enforcement period.” They put out as many officers as they can to cut down on drunk driving. While this tactic leads to safer roads, it also leads to many false DUI charges.

Those charged with a drunk driving in Orange County face serious penalties that can negatively impact their lives for years to come. When the police force is out to arrest people for DUIs, there is always the danger that they prejudge the driver’s condition. When someone who assumes people are driving drunk administers a field sobriety test (FST), that subjective opinion could play a part in the conclusions they draw.
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July 20, 2010

Actor Chris Klein Faces Jail Time after DUI Arrest

by Sitkoff Law Group, Inc.

Actor Chris Klein was arrested for DUI recently in Los Angeles, according to Popeater.com. News reports state that the actor was pulled over by authorities after he was “driving erratically.” Klein was charged with driving with a blood alcohol level of over 0.08 percent (the legal limit in California), and driving under the influence of alcohol with a prior conviction.

California DUI laws make jail time mandatory for repeat DUI offenders. Klein was convicted of a prior DUI back in 2005. California law may also require the actor to have an ignition interlock device (IID) installed in his car. A second DUI conviction in California can result in jail time of up to one year, a fine of up to $1,000 and a license suspension for up to two years.

It doesn’t matter if you are a movie star or an office intern, you will face severe punishment if you are convicted of a DUI in Los Angeles. Even a first-time offender can face jail time and license suspensions. Multiple drunk driving offenses result in even harsher penalties. This is why it is crucial to have an experienced Los Angeles DUI defense attorney to help protect your rights.

July 19, 2010

Mel Gibson Leaked Tapes Evidence in Domestic Violence Case – Comments by Los Angeles Criminal Defense Attorney Steve Sitkoff

by Sitkoff Law Group, Inc.

By now, just about everyone has heard about the domestic violence allegations against Mel Gibson. A recent People Magazine story includes insight from several legal professionals, including Los Angeles criminal defense attorney, Steve Sitkoff, regarding what is at stake in this criminal investigation amidst a heated child custody battle.

When asked if the leaked tapes allegedly of Mel Gibson and ex-girlfriend, Oksana Grigorieva, will be admissible in court, Mr. Sitkoff stated, “In general, it’s illegal to tape someone without their knowledge but it’s sometimes allowed in domestic violence situations.” However, Mr. Sitkoff makes the important point that the law in that regard is not always so apparent due to a substantial amount of gray area. Mr. Sitkoff continues, stating, “If the tapes are deemed illegal, they won’t exist to a jury. The motive of the taping appears suspect; Oksana is extremely calm and appears to be provoking him. And if Mel was under the influence while making his threats, that would make it even harder to prove criminal intent.”

In addition to Mr. Sitkoff’s contribution to readers’ understanding of the legality of evidence in the Mel Gibson domestic violence case, other matters covered in the article relate to potential jail time for Mr. Gibson, extortion charges against Oksana, the court’s denial of Oksana’s request for all of Gibson’s custody rights to be taken away, and the question of the tapes’ authenticity.

July 15, 2010

Alternative Sentencing for DUI Offenders

by Sitkoff Law Group, Inc.

Californians charged with driving under the influence of alcohol face stiff penalties. Anyone convicted of a DUI faces jail time, driver’s license suspension, fees, points on their license and mandatory enrollment in alcohol treatment programs. Each case is different and some face harsher consequences than others, which is why those accused of drunk driving should become more familiar with California DUI sentencing. Whatever the seriousness of the charges, it is important that defendants have an experienced Ventura County DUI lawyer on their side.

Many people are unaware that they do not have to spend time in jail after a DUI conviction. California has created alternative sentencing options for those convicted of a DUI. Depending on your case, you may be able to avoid jail time or license suspensions by accepting alternative sentencing options. If you have been charged with driving under the influence of drugs or alcohol, contact an experienced Ventura DUI lawyer right away to discuss what options you may have. You may even be able to continue to reside in your own home with electronic monitoring and then be able keep your job while serving your sentence.

The idea behind alternative sentencing is to punish a DUI offender while allowing him or her to keep their job. There are programs that allow a DUI offender to avoid jail time by spending that time doing something productive such as community service. Instead of going to jail, a person convicted of DUI may be able to participate in freeway cleanup, live in a sober living environment or attend Alcoholics Anonymous meetings.

July 13, 2010

How Field Sobriety Tests Can Affect the Outcome of your DUI Case

by Sitkoff Law Group, Inc.

When a police officer suspects a driver of being under the influence of drugs or alcohol, they may conduct field sobriety tests (FSTs). There are a number of non-standardized tests that an officer may administer, but there are three main tests that most officers conduct in the course of a DUI traffic stop.

Horizontal Gaze Nystagmus Test: A police officer will hold up an object, usually a pen, or a finger and ask the driver to follow the object with their eyes back and forth. By carefully watching the driver’s eyes, the police officer will attempt to discover a bouncing of the eye. This bouncing is called horizontal gaze nystagmus. In some DUI cases, observing unsmooth eye movements or early onset may mean the driver has been drinking. This test is subject to the training and ability of the officer giving the test. Technically, only an ophthalmologist can truly administer this test and there are many other naturally occurring conditions besides alcohol that may cause nystagmus.

Walk and Turn: In this test, the driver will be asked to take nine steps, pivot and then walk back. While walking heel-to-toe, the driver will have to count the steps out loud. Someone who is significantly inebriated will have difficultly balancing while walking and may make mistakes while counting. But even if the driver just needs to hold out their arms to balance or they count wrong, the officer may deem it a failed test and charge them with a DUI case.
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July 9, 2010

Mel Gibson Being Investigated for Domestic Violence

by Sitkoff Law Group, Inc.

Well known actor Mel Gibson is being investigated for alleged domestic violence, according to a Contra Costa Times article. The Los Angeles County Sheriff’s Department released a statement referring to an incident on January 6 between Mel Gibson and former girlfriend.

Law enforcement began investigating the allegations against Mr. Gibson after being contacted by the alleged victim. The article mentions that the couple has been involved in a heated child custody dispute over their 8-month-old daughter. A domestic violence restraining order was filed on June 25, alleging that Mr. Gibson punched her in the face multiple times. However, it is reported that sources have said that Gibson denied the allegation, stating that Mr. Gibson was just trying to stop Grigorieva from hurting the infant. Additional details regarding the domestic violence charges and any potential evidence have not been disclosed at this time.

Los Angeles domestic violence allegations should not be made or taken lightly. Many of these allegations are made after heated arguments, creating the potential for exaggeration. Those convicted of domestic violence, or spousal abuse, face severe penalties and life-altering consequences, making false domestic violence convictions all the more serious.
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July 8, 2010

Actor Chris Klein Arrested for DUI

by Sitkoff Law Group, Inc.

The New York Post reports that Chris Klein, the star of “American Pie,” has been arrested for drunk driving in Los Angeles. The 31-year-old actor was stopped by a California Highway Patrol officer on the 101 Freeway in Los Angeles County. The officer reportedly administered a field sobriety test, also known as FST’s, which Klein failed.

DUI or driving with a blood alcohol level of 0.08 percent or higher is illegal in California. California Vehicle Code Section 23152 (a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” According to CHP’s statistics, there were 258 deaths and 4,832 injuries involving alcohol-related crashes in Los Angeles County in the year 2008.

In Los Angeles or Orange County, the penalties for a first-time DUI offense can be significant. If you have been arrested for DUI and are convicted, in addition to jail time, alcohol counseling and fines, you may also be required to install an ignition interlock device; which tests your breath for traces of alcohol before you are able to start the car. Having this IID alcohol testing device in your vehicle also involves a monthly fee.

July 6, 2010

California High School Students Could Be Arrested for Drug Sale

by Sitkoff Law Group, Inc.

ABC News reports that 11 High School students in Ventura County could face drug charges after the arrest of a Thousand Oaks teen; who officials say, had marijuana in his vehicle and marijuana plants at his home. Police say the 18-year-old sold drugs such as marijuana, cocaine, Xanax and Vicodin to students at Westlake high school. Investigators say additional drug arrests are possible in this case.

You do not have to be found selling drugs to be charged with intent to sell. When the amount of drugs discovered is determined to be more than what one person can reasonably use, or if the manner in which it is packaged suggests that it is going to be shared or sold, that person faces “intent to sell” charges. One of the first steps a Los Angeles or Ventura County drug crime defense lawyer will perform is a thorough review of how the drugs were found. Everyone has a right to privacy in California. Police officers require a warrant or probable cause to search for and seize drugs from a suspect or vehicle.

Simple possession of marijuana in California is a misdemeanor. Even a first-time offense of possession with less than one ounce can lead to a $100 fine and jail time. However, cultivation, sale, distribution, transportation and selling drugs to minors all carry potentially life-changing penalties. Having an experienced drug crime defense lawyer on your side can make a huge difference in your drug case.

July 2, 2010

New California DUI Law Effective in Los Angeles

by Sitkoff Law Group, Inc.

As of July 1, 2010, some offenders convicted for driving under the influence (DUI) in California will be required to install ignition-interlock devices (IIDs) in their vehicles in Los Angeles. While several states, including California, require IIDs for repeat drunk driving offenders, the stakes are even higher for first-time offenders who may now be required to install one of these devices in their vehicle.

Ignition-interlock devices test a driver’s breath through a small handheld alcohol device that is connected to the dashboard. If an individual’s breath test displays a blood alcohol level higher than the pre-set level (typically around .02% and .04%), then the vehicle’s engine will not start. To make sure that a driver is not DUI and does not have their friend take the test for them, some IIDs have a rolling retest which requires the driver to breathe into it again while driving.

According to The San Francisco Chronicle, the new IID law will undergo an experimental phase of five years in which lawmakers can decide whether to expand the program beyond the counties of Los Angeles, Alameda, Sacramento, and Tulare.

July 1, 2010

Vince Neil, Lead Singer of “Motley Crue” Arrested for DUI

by Sitkoff Law Group, Inc.

Photo credit: Las Vegas Police Department

Motley Crue vocalist Vince Neil has been arrested for driving under the influence (DUI) near the Las Vegas Strip, according to a recent Associated Press article.

The 49-year-old celebrity was stopped by police on Sunday, June 27, around 11:15 p.m. after leaving the Las Vegas Hilton hotel. He was taken into custody and released on Monday. At the time of the article’s release, information was not provided regarding the details of Neil’s arrest. However, some reports have mentioned that Neil has claimed to be drug and alcohol free for 20 years.

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