The Los Angeles DUI Law Blog

June 2011 Archives

No More Home Confinement For Lindsay Lohan

Once again Lindsay Lohan has been able to get off easy for a probation violation stemming from her 2007 DUI conviction. Last month, the actress was sentenced to 120 days in jail for the probation violation, but she was later told that she would be able to do her time through home confinement due to jail overcrowding in Los Angeles.

But on June 29, the Mean Girls star was released from home confinement after just 35 days on house arrest, reports CNN. California laws allow for inmates to be released early for credit and good behavior, so Lohan was reportedly eligible for the release after just a short period of time. The electronic monitoring bracelet has been officially removed from Lohan's ankle and she is now a free bird, well sort of.

DUI Suspect Drives into Cardio Barre Studio in Costa Mesa

Deashawn Goodard was apparently trying to park his car in an E. 17th Street parking lot in Costa Mesa on Sunday night, but he had one failure of a parking job when he crashed through the Cardio Barre Studio building. According to Daily Pilot, Costa Mesa police said that the 31-year-old driver didn’t even stop his car until he hit the business’s west wall, which is on the opposite side from the parking lot. Goodard was also reportedly seen stumbling inside of the workout studio after the accident.

It’s not too surprising that authorities suspected that this driver was drunk at the time of the crash. Goodard was later taken into police custody on suspicion of driving under the influence, where he was most likely asked to submit to blood-alcohol testing. This would be common procedure for a DUI arrest in Southern California.

Los Angeles DUI Checkpoint 6/24/11

While Friday night might be a good time to party, it's also a time when Los Angeles drivers should be on the lookout for police officers enforcing DUI laws and conducting sobriety checkpoints. The Los Angeles Police Department has announced through a press release that they will be conducting a DUI checkpoint tonight at the following location:

At this DUI checkpoint, officers will not only be checking drivers for signs of alcohol and or drug impairments, but they will also be checking drivers for proper licensing as well. LAPD's purpose for the checkpoint is to heighten awareness about the dangers of drunk driving. Alcohol impaired deaths made up the largest category of overall vehicle fatalities in 2009, with 31 percent of all driving deaths nationally being caused by a drunk or impaired driver.

Actress Lindsay Lohan not only escaped doing more time in jail this week, but a judge also ruled that the young celebrity is now allowed to drink alcohol once again. This is good news for Lohan, as she may finally be able to soon complete the terms of her probation stemming from a 2007 DUI case.

According to KTLA News, Lohan was in court on Thursday after unconfirmed reports alleged that she failed a June 13 alcohol test while she was under house arrest. The actress also allegedly had parties in her home while she was supposed to be on home confinement.

Aggravated DUI in Los Angeles

A driver will usually not be sentenced to serve time in jail after a typical misdemeanor DUI conviction in California, but it’s possible that a driver will face enhanced penalties in the state for an aggravated DUI or repeat offense.

For example, FindLaw states that when a person registers a blood-alcohol level that is significantly above the legal limit (.16 percent or greater), the defendant can be subjected to more substantial penalties, such as more jail time, higher fines, longer period of probation, or more community service. A driver can also face enhanced penalties for a DUI conviction in California if he or she was under the age of 21 at the time of the DUI incident or if the driver refused chemical testing at the time of his or her arrest.

DUI Suspect Hits Midnight Ridazz Cyclists in Baldwin Hills

Eleven cyclists with the group Midnight Ridazz were injured on Thursday morning after an alleged drunk driver plowed into the group at a Baldwin Hills scenic overlook. According to ABC News, the DUI suspect Christine Dahab told police officers that she was looking down at her phone at the time of the crash. So it looks like this is not only a case that involves impaired driving, but also distracted driving, also illegal in California.

Nine of the eleven injured victims of the accident were hospitalized and one victim was left in critical condition. Police arrested the driver after the incident and as of yesterday was being held on $15,000 bail. The crash still remains under investigation.

Costa Mesa PD to Stop Announcing DUI Checkpoint Locations

The Costa Mesa Police Department used to always announce when and where their DUI checkpoints would be through press releases. However, KOCI News reports that the department will stop announcing the specific locations of their checkpoints next week, saying that there’s more of a deterrent factor to keep people from driving under the influence when the location of the checkpoint is unknown to the public.

Sgt. Dave Makiyama of the Costa Mesa Police Department explains that “those that listen or read about our checkpoints can plan to steer clear of the area with little fear of apprehension.” Hence, the department believes that implementing surprise checkpoint locations will be a more effective form of enforcement.

Drunk in Court: Ex-Deputy Allan Waters Could Face More Charges

It's never a good idea to show up to court drunk for a DUI hearing. Not only can a person face additional criminal charges for such an action, but a judge may also not allow for court proceedings to continue if the defendant shows signs of intoxication in court. Bail for the defendant can also be revoked if he or she shows up to court drunk, as it can be considered a violation of the conditions of bail.

Last week, a Santa Ana judge postponed sentencing for 37-year-old Allan James Waters of Laguna Niguel after he appeared to be drunk in court. KTLA reported that officials took Waters into custody when a court bailiff said that Waters smelled of alcohol. His bail was then increased from $100,000 to $250,000.

Estella Warren Charged With DUI and Battery

We reported last week that Los Angeles police officers arrested actress Estella Warren on suspicion of DUI after she allegedly slammed her Toyota Prius into at least one parked car and tried to flee the scene. Yet it looks like Warren is now not only facing trouble from a DUI charge, but KTLA reports that the “Planet of the Apes” star has also been charged with hit-and-run, battery on a police officer and resisting arrest.

The battery on a police officer charge comes after the actress allegedly hit a police officer in the face after she was detained. If convicted of all criminal charges, Warren can face a lengthy prison sentence of up to two and a half years behind bars.

Apple Bans DUI Checkpoint Apps

If you’re looking to download a smartphone app that provides information on DUI checkpoint locations in your area, you won’t be able to do so through Apple’s app store or through the BlackBerry maker Research In Motion. According to CNET, Apple updated its App Store Review Guidelines this week. Section 22.8 of the updated guidelines explicitly states that “apps which contain DUI checkpoints that are not published by law enforcement agencies, or encourage and enable drunk driving, will be rejected.”

The decision for Apple to ban DUI checkpoint apps comes after four U.S. senators requested that these programs be pulled from the market. The lawmakers argued that the DUI checkpoint apps encourage drunk driving and other forms of illegal activity. However, attorneys seem to disagree.

DUI Suspect Crashes Into Plane at John Wayne Airport

Drunk driving accidents are unfortunately all too common in Southern California, however it’s not very often that a DUI suspect will crash into a commercial airplane.

Luis Perez was arrested on suspicion of driving under the influence last week after he slammed through a fence at John Wayne Airport and hit a small plane, KTLA News reported. Orange County Sheriff’s deputies said that 56-year-old Perez tore a 30- to 40-foot hole in the fence with his vehicle after his car had jumped a curb.

Los Angeles DUI Checkpoint 6/4/2011

The Los Angeles Police Department has stated that drunk driving is one of America's deadliest crimes. This is why the police department continues to enforce DUI offenses and crack down on impaired drivers in various ways. This Saturday, LAPD is conducting at least one DUI checkpoint to remind the community about the consequences of drinking and driving. It has been confirmed that there will be a checkpoint at the following time and location: