The Los Angeles DUI Blog tag:losangelesduiblog.com,2009-03-23://49 2012-05-18T22:17:43Z Los Angeles DUI News and Information Movable Type Enterprise 4.38 Former USC Linebacker Gets One Year in Jail for 2011 DUI Accident tag:losangelesduiblog.com,2012://49.31818 2012-05-18T22:15:01Z 2012-05-18T22:17:43Z Simione Vehikite, a former reserve linebacker for USC, pled no contest to two felony charges today in court, which resulted in a one year jail sentence, reports the Los Angeles Times. The odd case first made headlines in February, when... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Simione Vehikite, a former reserve linebacker for USC, pled no contest to two felony charges today in court, which resulted in a one year jail sentence, reports the Los Angeles Times.

The odd case first made headlines in February, when he was arrested for a DUI accident that had occurred way back in July 2011.

]]> The only details about the accident that have leaked are that Vehikite was allegedly drunk at the time he drove, someone was injured, he left the scene of the accident, and something he did got him popped for identity theft as well.

USC apparently knew nothing about the incident until February, when it immediately suspended him.

The original charges included driving under the influence resulting in injury, driving with a 0.08 or higher resulting in an injury, leaving the scene of an accident, and identity theft. All four counts are felonies.

His plea bargain was for only one of the DUI charges and the leaving the scene of the accident charge. He received a suspended sentence of two years in prison. Instead, he'll serve one year in county jail.

Suspended sentences are an alternative to imprisonment, commonly used when someone is a first time offender with a case that is not particularly egregious. Often the suspended sentence is conditioned upon completing some other part of the sentence, such as probation. Should they fail to complete the requirements, the suspended sentence is reinstated.

He'll also have three years of felony probation, restitution to the accident victim, and he will have to complete a county morgue program and alcohol counseling.

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]]> Miss Teen Arizona 2010 Tori Vance Arrested for Underage DUI tag:losangelesduiblog.com,2012://49.31774 2012-05-17T22:15:09Z 2012-05-17T22:27:32Z Miss Teen USA's Arizona champion, Tori Vance, 18, was arrested last Saturday for driving under the influence, reports TMZ. She was stopped in Hollywood for pulling an illegal U-turn a little after 9 p.m. The officer allegedly detected signs of... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Miss Teen USA's Arizona champion, Tori Vance, 18, was arrested last Saturday for driving under the influence, reports TMZ. She was stopped in Hollywood for pulling an illegal U-turn a little after 9 p.m.

The officer allegedly detected signs of intoxication, so he had her get out and attempt a field sobriety test. After she failed, she was arrested for misdemeanor DUI and taken to the station.

]]> TMZ reports that she registered a BAC of just over 0.08 and refers to that amount as the legal limit in California. They seem to be confused again ... the legal limit in California is 0.01 for minors.

Tori Vance

Image courtesy of PageantUpdate.info. Though doing well here in platforms, Vance was reportedly unable to walk a straight line during her sobriety test.

California has a Zero Tolerance policy towards underage drinking and driving. An alcohol reading of 0.01 or higher would have resulted in a license suspension of one year. However, she would be eligible for a critical need license after one year, if she can show that a critical need exists and no other transportation is adequate.

Had her BAC been between 0.05 and 0.07, she would have been guilty of an infraction, which only carries a penalty of $100 for a first conviction, in addition to the above DMV penalties.

However, with a 0.08 BAC, she will likely face the standard DUI rap, which is a misdemeanor. The penalty is three to five years of probation, a fine of up to $1,000, up to one year in county jail, an alcohol education class, and a court-ordered license suspension.

Note that actual jail time is unlikely for first time offenders with borderline BACs. In fact, on the misdemeanor criminal offense, she could end up with a wet reckless plea bargain, which results in no jail, plus less probation and fines. Those with a borderline BAC and no aggravating circumstances, such as an accident or weaving across traffic, are much more likely to get the deal.

No matter what happens with the criminal charge, however, she will still face the DMV's wrath in the form of a "zero tolerance" one year license suspension.

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]]> Woman, Late for Child's Birthday, Gets DUI, Reckless Driving tag:losangelesduiblog.com,2012://49.31732 2012-05-16T22:13:41Z 2012-05-16T22:15:17Z Well, we can assume that she probably missed the party. The San Francisco Chronicle reports that Katherine Russell, 24, of Rohnert Park, blasted past a cop on the 101 South while travelling at 90mph in her Toyota 4Runner. By the... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Well, we can assume that she probably missed the party. The San Francisco Chronicle reports that Katherine Russell, 24, of Rohnert Park, blasted past a cop on the 101 South while travelling at 90mph in her Toyota 4Runner. By the time he caught up, she had hit 100mph.

She was stopped when she exited the highway. Her excuse to the officer was that she was late to her son’s birthday party. It also seems like she may have pregamed for the party a little too much.

Her blood-alcohol results came out to more than twice the legal limit of 0.08.

]]> Russell is currently facing driving under the influence charges, driving without a license, and unspecified traffic violations. However, we can probably make some pretty good guesses on the traffic violations.

Her speeding ticket alone should be punishment enough. According to VC 22348, the fine for going more than 100mph is $500, plus a thirty day license suspension. This is an infraction, not a crime. There is also the possibility of misdemeanor reckless driving.

Reckless driving in California is driving in willful or wanton disregard for the safety of persons or property. Though the vehicle code does not mention a specific speed, 30mph over the highway speed limit or 20mph over the surface street limit seems to be the generally accepted guideline. Driving 100mph would be exactly 30mph over the 70mph maximum speed limit for California highways. The statute calls for a minimum of five days in jail and a maximum of 90 days, plus a fine of between $145 and $1000.

First time DUI offenders usually do not have to serve jail time. However, Russell also faces a sentencing enhancement to her underlying DUI charge for the high rate of speed.

Under California Vehicle Code 23582, Speeding: Additional Penalty, which sounds like a second straight to DVD sequel to the Keanu Reeves/Sandra Bullock epic, she faces an additional and consecutive term of 60 days in jail, plus an alcohol education class, on top of whatever she gets for the underlying DUI.

Based on her high BAC and high rate of speed, a favorable plea bargain on the DUI charge itself is unlikely. However, it's equally unlikely Katherine Russell she will be charged with all of these overlapping offenses.

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]]> MADD Mad About Law to Reduce Jail Time tag:losangelesduiblog.com,2012://49.31691 2012-05-15T22:07:19Z 2012-05-15T22:04:54Z Assemblyman Roger Hernandez of West Covina introduced a bill in late February that has Mothers Against Drunk Driving in an uproar, reports the Los Angeles Times. Hernandez’s bill, which he introduced on February 23, would provide work-release credits that shorten... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Assemblyman Roger Hernandez of West Covina introduced a bill in late February that has Mothers Against Drunk Driving in an uproar, reports the Los Angeles Times. Hernandez’s bill, which he introduced on February 23, would provide work-release credits that shorten jail sentences for misdemeanor offenders. MADD wants DUI offenders excluded from the bill.

Ironically, Hernandez himself was arrested for a DUI only a couple of weeks after the bill was introduced and two weeks before it was voted upon. It is now up to the Senate to pass or reject the bill.

MADD has said that Hernandez’s DUI charges are not an issue.

]]> Instead, MADD takes issue with the fact that the bill could lead to early releases for DUI offenders. The bill would provide work credits for those who seek employment, return to their regular work, and provides new options in addition to county-supervised graffiti cleanup.

The bill does not mention drunk driving by name. Instead, it applies generally to offenses that require jail time. The assemblyman previously promoted the bill by stating that it would "serve as an incentive for people convicted of low-level misdemeanors to do their best to fully reintegrate into society."

As the bill is generally applicable and not DUI specific, it seems as if MADD wants DUI offenders to be treated specially, as their early release would "compromis[e] public safety on California roadways."

Doesn't the early release of nearly any person convicted of a crime severe enough to warrant jail time theoretically compromise public safety? The reality is that there is a budget shortfall and incarceration overpopulation.

It is MADD's job is to lobby on behalf of harsher DUI penalties, and they are doing just that. However the question should be asked: is there a convincing argument for treating DUI offenders more harshly than any other criminal?

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]]> Riverside County On the Verge of Banning Party Houses? tag:losangelesduiblog.com,2012://49.31619 2012-05-11T22:05:06Z 2012-05-11T22:07:50Z Bummer, dude. What are all of the University of California at Riverside students going to do now? According to NBC Los Angeles, the county is apparently considering banning "party houses" after complaints from locals about loud, raucous events that disturb... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Bummer, dude.

What are all of the University of California at Riverside students going to do now? According to NBC Los Angeles, the county is apparently considering banning "party houses" after complaints from locals about loud, raucous events that disturb quiet neighborhoods, such as La Cresta.

This isn't just a bummer. It's an infringement on the rights of the homeowners and renters.

]]> Now, it is highly unfortunate for the neighbors of these loud party houses that they have to deal with this on a regular basis. However, is the proper remedy a county ordinance that bans these types of homes?

County Supervisor Bob Buster describes party houses as, “It’s like a nightclub atmosphere, where you bring hundreds of people into a house in a rural setting, and then go wild.”

And the problem is?

Seriously though, the homeowners and the County supervisors seem to think that the remedy is to classify these houses as businesses and to pass an ordinance that prohibits their existence.

For the party houses aren’t actually the residents of the party planners, attempting to reclassify them as businesses and outlaw them, is, well … wasteful at best.

For those affected neighbors, their remedy lies in noise ordinances or nuisance complaints for loss of enjoyment of their property. Most cities and counties, Riverside included, have laws that prohibit certain decibel levels during certain hours of the day. Homeowners are ticketed, and repeat offenses usually result in increasingly large fines. In Riverside County, a third offense can even result in jail time.

For the county, before they make like Footloose and ban the parties, they should consider that tourism to the local wine country, and parties within the wine country, only serve to increase county revenue. As will tickets for noise violations. Or, consider setting up a re-occuring DUI checkpoint in the vicinity near the worst offenders. Solve two problems in one fell swoop.

Yes it’s a problem for Riverside, but a quick fix like this might not be the way to go.

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]]> Over 3,600 Stopped At Santa Clarita Checkpoints; Only 3 Arrested tag:losangelesduiblog.com,2012://49.31540 2012-05-09T22:02:11Z 2012-05-09T21:51:23Z Captain Paul Becker says the checkpoints are about more than making immediate arrests, reports The Santa Clarita Valley Signal. Checkpoints provide a deterrent factor. They educate the public. They let drunk drivers know that their conduct won't be tolerated. Wouldn't... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Captain Paul Becker says the checkpoints are about more than making immediate arrests, reports The Santa Clarita Valley Signal. Checkpoints provide a deterrent factor. They educate the public. They let drunk drivers know that their conduct won't be tolerated.

Wouldn't a bumper sticker and public service announcements be cheaper?

The Signal reports that over three recent checkpoints, over 3,600 people were stopped. Three were arrested. That is not a typo. That is a success rate of less than 0.08%, which is coincidentally the legal limit for blood alcohol content. If their success rate were a drunk person, their case might be dropped.

]]> One might wonder if publication of the checkpoint locations, as well as smart phone apps and Twitter feeds that track the checkpoints, have neutered them to the point of irrelevance.

Captain Becker claims that the checkpoints are important for educating the public, and set a tone of intolerance towards drunk driving. No one is arguing that drunk driving should be tolerated.

Drunk driving is a dangerous, and very prevalent crime in Santa Clarita. DUIs make up between 40 and 50% of arrests in the area.

The question, however, is not whether drunk driving is a problem. It is whether the checkpoints are the most efficient method of solving the problem. It would be hard to imagine a solution that would statistically be less effective. Surely, regular patrols, in areas crawling with night-life, could net at least three arrests over the same couple of months.

In a time where budgets are aching for austerity measures, people are beginning to question the necessity of expensive, time-consuming checkpoints that don't actually lead to many arrests. Surely, some alternate form of education exists that can curb DUIs while not running up the tab on the state's budget?

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]]> R&B One Hit Wonder Houston Arrested For DUI tag:losangelesduiblog.com,2012://49.31498 2012-05-08T22:04:09Z 2012-05-08T21:53:39Z So that's what happened to that guy. Houston Summers' name has reappeared, along with his mugshot, after he was arrested for driving under the influence earlier this week, reports TMZ. Houston's "I Like That", which featured legendary artists Chingy and... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq So that's what happened to that guy. Houston Summers' name has reappeared, along with his mugshot, after he was arrested for driving under the influence earlier this week, reports TMZ.

Houston's "I Like That", which featured legendary artists Chingy and Nate Dogg, was the song of 2004. The song, which featured an infectious beat, combined with Nate Dogg's baritone harmonies and Houston's R&B crooning, along with Chingy's unmistakeable unique style is the epitome of early-2000s R&B.

And then Houston disappeared.

]]> Apparently, back in 2005, he suffered a PCP-induced mental breakdown, in which he tried to kill himself by jumping out a window and then stabbed his own eye out with a fork. Since then he's attempted a musical comeback and become a spokesman against prison gang rape.

Warning: This song may get stuck in your head.

Unfortunately, he doesn't seem to have kicked his entire drug habit, as TMZ reports that he was arrested earlier this week for driving under the influence of marijuana.

Possession of marijuana, courtesy of a decriminalization statute that took effect last year, is an infraction. The punishment is a fine of not more than $100.

However, driving under the influence of drugs carries much more severe penalties. The penalty for a first-time DUI is up to six months in jail, a fine, and probation, though the more severe penalties are usually reserved for those those extreme driving under the influence cases where large amounts of alcohol or drugs are involved, or the DUI causes accidents or injuries.

Though marijuana use usually isn't case for alarm, it seems clear that Houston Summers hasn't been right mentally for quite some time. Hopefully, this serves as a wakeup call for him and his family, and he gets additional treatment.

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]]> Cinco de Mayo: Here are the Planned LAPD Checkpoints tag:losangelesduiblog.com,2012://49.31377 2012-05-04T16:04:35Z 2012-05-04T01:28:18Z In honor of a holiday known as much for drinking as it is for being Mexican Independence Day (it’s not), Law Enforcement is planning to step up DUI enforcement to keep drunk drivers off the road. Courtesy of the Daily... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq In honor of a holiday known as much for drinking as it is for being Mexican Independence Day (it’s not), Law Enforcement is planning to step up DUI enforcement to keep drunk drivers off the road. Courtesy of the Daily News, we have a list of four published locations

In addition to these checkpoints, they will also be conducting DUI sweeps, or “saturation patrols,” so plan ahead and make sure you have a sober driver. A cab or an IOU to a friend costs way less than a defense attorney.

]]>
View Cinco de Mayo Weekend DUI Checkpoints in Los Angeles in a larger map.

Saturation patrols will cover the Van Nuys area between 6 p.m. Thursday and 2 a.m. Friday. They will also be patrolling South Los Angeles from noon to 8 p.m. Sunday.

The checkpoints themselves will be operated as follows:

    • 7 p.m. Friday to 3 a.m. Saturday
      Vermont Avenue and Sixth Street
      Hollywood Boulevard and Gower Street
    • 7 p.m. Saturday to 3 a.m. Sunday
      Cahuenga Boulevard and Broadlawn Drive
    • 7 p.m. Sunday to 3 a.m. Monday
      Imperial Highway and Main Street

These are just the locations of disclosed checkpoints. Most departments that have checkpoints keep the location a surprise for those who make the poor decision to drive drunk. There seems to be a handy Twitter feed of other departments' DUI checkpoints, though we cannot vouch for its accuracy.

Better choices include designated drivers, taxi cabs, drinking alone in your room while listening to My Chemical Romance, and FreeRideHome, an app and website providing exactly what you think it does.

Cinco de Mayo can be a heck of a lot of fun when you are crashing random freestyle rap parties in Chico, or getting culinary advice on Mexican food choices from a homeless person (we've all been there, right?) However, there's no quicker way to spoil the fun than to spend Seis de Mayo in the drunk tank, followed by a frantic search of this blog for advice on how to fight the charges.

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]]> Cinco De Mayo: Drunk in Public in Los Angeles tag:losangelesduiblog.com,2012://49.31301 2012-05-02T14:05:47Z 2012-05-02T00:08:31Z To get you started on your Cinco De Drinko Mayo festivities, this is a little non-traditional Carribean-esque drink recipe that should provide a break from all of those Coronas and Dos Equis longnecks that will be everywhere this weekend. The... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq To get you started on your Cinco De Drinko Mayo festivities, this is a little non-traditional Carribean-esque drink recipe that should provide a break from all of those Coronas and Dos Equis longnecks that will be everywhere this weekend. The drink, made famous by Kansas City rapper Tech N9ne, is called a Caribou Lou. You should mix it to scale, so the recipe is provided in parts. Enjoy the drink, and the song.

Now, if you do as Tech N9ne does, you'll "raise hell" and won't "stop till the cops come." That might present a little problem.

]]> Even though there are going to be thousands of partying people in Los Angeles this weekend, you do understand that you'll be one of the lucky few who get arrested for being drunk in public, right?

Warning: Lyrics do not contain profanity, but are often nonsensical.

Now, if you've been arrested for drunk in public, the prosecutor is going to have to prove a few things, according to the California Jury Instructions.

First, that you were willfully under the influence of alcohol and/or drugs.

This is the old, "the punch was spiked and the whole prom got drunk" defense. If someone laced your drink with alcohol or drugs, your belligerent drunkenness was not "willful." Otherwise, if you and the Most Interesting Man in the World are chatting about Baccarat while finishing a twelve pack of Dos Equis, then willful is pretty evident. That guy you were talking to was actually a homeless man.

Second, that, at the time you were under the influence, you were in a public place.

If you are enjoying your Caribou Lou in the privacy of your own home, or a friend's place, you cannot be pulled out of the house and charged with drunk in public. However, if you get drunk and then stumble into the streets, screaming, "SPRING BREAAAAAAAKKkkuuhhh," well, you are drunk in public.

And finally, that you were unable to exercise care for your own safety or for the safety of others, or because of your intoxication, you interfered with, obstructed, or prevented the free use of a sidewalk, street, or other public way.

This is the vague, yet pretty self-explanatory prong. If an officer can make a case that you were unable to care for yourself, or someone that you are supposed to care for, like a child, they can arrest you for being drunk in public. This can be as simple as stumbling off a curb, or leaning drunk and half-conscious against a building while trying to catch your second wind. Obviously, if you are passed out on the sidewalk, that counts too.

A drunk in public offense in California is a misdemeanor, which goes on your criminal record. The penalty is probation, a fine, and in some cases, up to six months in jail.

There's your primer on being drunk in public. Drink safely, drink carefully, drink responsibly, don't drive. Stay thirsty, my friends.

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]]> It's Prom Season: Get a Limo! tag:losangelesduiblog.com,2012://49.31292 2012-05-01T22:02:38Z 2012-05-01T21:42:54Z William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Ahhhh, prom season. To most of us, it means well, maybe nothing but a slightly embarrassing memory.  But to dress vendors, limo drivers, and this year's crop of teenage ladies, it is one of the most wonderful times of the year.

For parents and school administrators, it can become a stress-filled hell. Parents have to worry about covering expenses, finding their daughter the perfect dress, and whether their child is going to get in trouble with alcohol.

]]> One way to ensure that your child is safe is to provide a chaufeurred ride for the night. Now, don't even think about driving yourself. Your child will either die from embarrassment, or never speak to you again. Or both. Instead, a limo or town car might just provide some peace of mind for you and protection for them.

We all know the dangers of drunk driving and have seen, at some point in our lives, the news footage of drunk teens in accidents on prom night. Even if your own child is a complete teetotaler, they may not realize that their BFF's date is a closet-drunk. If they have a ride for the night, they can avoid getting themselves into trouble, or having someone else do it for them.

Limos and town cars can be prohibitively expensive, so splitting the cost amongst a few couples often makes sense. Have your child talk to a few of their friends who are going and see if they can set up a limo carpool.

It is important to remind them as well that there are severe penalties for underage drinking and underage purchasing of alcohol, especially in regards to their driver's license. There is an even worse penalty if they are caught driving with any alcohol whatsoever in their system. California has a zero-tolerance policy towards underage drinking and driving.

For those who have any measurable blood alcohol content, they face a civil penalty of a one year license suspension, or a one year delay in getting their license if they do not already have one.

If they have a 0.05-0.07 BAC, they face a fine of $100 for a first offense, plus the license suspension, alcohol education classes, and possibly a Youthful Drunk Driving Visitation Program, where they visit a morgue. That is not the way to celebrate the end of senior year.

And if they have a 0.08 or higher BAC or they have taken any drugs, they end up with a full-blown DUI offense, with all of the standard resulting penalties.

For those under 21, it doesn't matter if they feel like they can drive, or if their friend is drunker than they are, it is better to not drive and call the parents. However, if they have a guaranteed sober ride throughout the night, the temptation to take the wheel will most likely not be an issue.

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]]> Wet Reckless as a Plea Bargain tag:losangelesduiblog.com,2012://49.31224 2012-04-27T22:20:25Z 2012-04-27T22:15:53Z Besides sounding like the title of a teenage tryst flick or an adult film title, Wet and Reckless is the plea bargain often given to those alleged DUI offenders with borderline blood alcohol content readings. It is also known as... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Besides sounding like the title of a teenage tryst flick or an adult film title, Wet and Reckless is the plea bargain often given to those alleged DUI offenders with borderline blood alcohol content readings. It is also known as a wet reckless, reckless driving involving alcohol, a "baby" DUI, or CA Vehicle Code Section 23103.5, which is not nearly as sexy of a title.

The Wet Reckless charge is a curious creation of California's legislature. It is in the vehicle code as "Guilty Plea to Lesser Charge" and is only available as such. You cannot be charged with the crime. It may only come to fruition via a plea bargain. To fully understand the utility of the charge, it is important to view the DUI arrest process as a whole.

]]> When a driver is arrested for driving under the influence, they are subjected to a blood alcohol content test via their blood or breath. They are then most often charged with two offenses: driving while impaired and driving with a blood alcohol content of 0.08 or more. They are alternate charges, brought forth to allow prosecution for drugged driving, or drunk driving where a BAC is unavailable, tainted, or too low to meet the 0.08 standard.

For those drivers who have no aggravating circumstances, such as an accident, their lawyer can sometimes negotiate a plea of guilty to a Wet Reckless charge instead of a full-blown DUI. Prosecutors are often happy to oblige for those who had BAC readings at or near the 0.08 level and no prior DUIs.

But please note, for those with elevated levels, priors, or who caused an accident, the odds are incredibly slim that the prosecutor will be feeling that generous, unless their case has holes in it, such as excluded evidence.

The benefits of a Wet Reckless are numerous. For one, the probationary period is much shorter. A DUI offense carries a minimum probationary period of three years for a first offense and 96 hours of jail time. A Wet Reckless carries a two year probationary period and no jail time. The fines are often typically smaller. There is also no mandatory license suspension, per the court, but the DMV may still suspend your license in their own administrative hearing. The alcohol education class is also shorter than for a full DUI.

The biggest benefit for most people however, regards the recently instituted ignition interlock device requirements. An IID is required for first time offenders in Los Angeles, Alameda, Tulare, and Sacramento counties under the currently running pilot program. However, it is not required for Wet Reckless convictions.

Wet and Reckless is not all sunshine and light, however. The charge is priorable for future DUIs, which means future offenses will be punished as if you are a repeat offender. It is also two points on your license, just like a regular DUI. As for insurance rates, it often shows up as a DUI for many, but not all insurance companies.

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]]> Bobby Brown Takes Plea Bargain in DUI; TMZ Seems Confused tag:losangelesduiblog.com,2012://49.31144 2012-04-26T16:01:44Z 2012-04-26T00:07:54Z William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq TMZ broke the news on Wednesday -- Bobby Brown has taken a plea bargain with no additional jail time. Brown agreed to one day in jail, which has already been served, plus fines and three years of summary probation. He will also have to take a 90-day alcohol program. This is the minimum sentence for a first-time DUI.

However, our favorite celeb gossip site may have incorrectly reported that in exchange for the plea of no contest, the prosecutors dropped the DUI charge. Brown did in fact end up walking out of the courthouse with a DUI conviction in hand, at least according to the Los Angeles Times.

]]> We don't blame them, or you, for being confused. California charges DUIs in a confusing and unique manner. Because the intricacies of DUI charging can become unclear to readers and TMZ writers alike, we'll clear it up for you.

When someone is charged with driving under the influence, and the officer believes that the person had a blood alcohol content of over 0.08, they are often charged with two overlapping offenses for a single crime. The reasons for the weird charging do make sense, once you understand how the law is used. The sections that apply are Vehicle Code 23152(b) and 23152(a).

The first, VC 23152(b), is a DUI charge for driving with a BAC of over 0.08. This is easy for the prosecution to prove if a blood or breath test gave a reading of more than 0.08. However, tests are not always done accurately, or in time. There is also the possibility that the driver was on other drugs.

That is the purpose of the second charge, VC 23152(a). This is the driving while impaired provision. It allows someone to be convicted of a DUI for being under the influence of any drug that might impair their driving ability, such as sleeping pills, pain pills, marijuana, hand sanitizer, or crack cocaine. It also is a "catch-all" for drivers who were swerving all over the road but still had below a 0.08 BAC by the time they were tested.

The two are legally equivalent and have the same punishment. Someone cannot be convicted of both without being punished twice for the same crime. They are alternates.

For Bobby Brown, he didn't catch a break for being a celebrity, as some of the TMZ readers might believe. Instead, he got the same plea bargain that is pretty standard for first-time DUI offenders. Brown's only other DUI offense was back in 1996 in Georgia, which was too distant temporally and geographically, to be relevant to the current charges. And because they cannot convict him of both current charges, one has to be dropped when the other is pleaded to.

As for TMZ, don't worry, we're glad to help. You keep breaking the news and on the rare occasion where it is needed, we'll fix it.

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]]> Porn Star Lucy Lee Gets DUI After T-Bone Accident tag:losangelesduiblog.com,2012://49.31086 2012-04-24T22:04:55Z 2012-04-24T21:54:52Z A semi-celebrity was arrested over the weekend on charges of driving under the influence. The adult-film star, Lucy Lee was allegedly intoxicated when she pulled an illegal maneuver, which resulted in her getting T-Boned by another car, reports TMZ. Lee... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq A semi-celebrity was arrested over the weekend on charges of driving under the influence. The adult-film star, Lucy Lee was allegedly intoxicated when she pulled an illegal maneuver, which resulted in her getting T-Boned by another car, reports TMZ.

Lee allegedly failed a field sobriety test and blew over twice the legal limit on a Breathalyzer test administered at the station.

]]> First-time offenders in Los Angeles are now required to install an ignition interlock device into their vehicles under the new pilot program.

If there was no injury in the crash, the device is required to be installed in the vehicle for five months. If there was an injury, the device is required for a full year. The device keeps the vehicle from starting if the driver's BAC is at 0.03 or above.

The pilot program covers those caught driving under the influence in Sacramento, Tulare, Alameda, and Los Angeles Counties. However, the restriction is only required if someone is convicted of a DUI.

The frequently-offered plea bargain of "Wet Reckless," also known as a baby DUI, is reckless driving related to alcohol consumption. It is prior-able as a DUI, but carries a slightly less severe penalty and does not require the installation of an ignition interlock device.

Wet Reckless is usually offered to those who were borderline-DUI cases. These would be the low-BAC cases where no accident or reckless driving actually occurred. Lucy Lee allegedly caused a dangerous accident and blew over twice the legal limit, so the odds, at this point, seem slim for her getting such a favorable plea bargain.

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]]> Drunk Woman Totals Cop Car; Charged With Felony DUI tag:losangelesduiblog.com,2012://49.31041 2012-04-23T22:05:34Z 2012-04-23T22:03:37Z Judy Wang, 23, of Buena Park, may have just discovered the most unfortunate way to be caught and charged with a DUI. She was driving, allegedly drunk, when she slammed into a parked police cruiser that had pulled someone else... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Judy Wang, 23, of Buena Park, may have just discovered the most unfortunate way to be caught and charged with a DUI. She was driving, allegedly drunk, when she slammed into a parked police cruiser that had pulled someone else over, reports CBS Los Angeles.

The officers escaped injury by jumping out of the way, but their car was totaled when it was smashed between Wang's Toyota and the car they had initially pulled over. The force of the impact pushed the cop car 20 feet forward and into the parked car ahead of them. A passenger in the front car was taken to the hospital with hip pain.

]]> When questioned at the scene, Wang admitted to drinking. She was then detained by the officers and taken to the station.

Wang has been charged with Felony Driving Under the Influence, which is interesting. Drunk drivers crash into other cars all the time while drunk and are often only charged with felony DUI if someone is severely injured or killed, they have three or more prior DUIs, a very elevated BAC, or they have one or more prior felony DUI convictions.

We discussed a story last week where a driver received the maximum sentence for a felony DUI because he had four priors.

For Judy Wang, there have been no priors reported by any news outlet covering the story. Furthermore, though someone was injured, a charge for felony DUI usually requires severe injuries or death. The injured woman here was complaining of "hip pain."

Looks like the cops might have been just a little upset about their car.

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]]> 5th DUI Redefines 'Wedding Crasher,' Earns Felony tag:losangelesduiblog.com,2012://49.30993 2012-04-20T22:30:23Z 2012-04-20T22:31:42Z Christopher Paul Shore, 46, of Laguna Niguel got married last summer. It should have been a wonderful day. His lovely bride, Tina Shore, married him in an impromptu ceremony at the local courthouse. They then celebrated at BJ's Brewhouse and... William Peacock, Esq. http://www.linkedin.com/in/williampeacockesq Christopher Paul Shore, 46, of Laguna Niguel got married last summer. It should have been a wonderful day. His lovely bride, Tina Shore, married him in an impromptu ceremony at the local courthouse. They then celebrated at BJ's Brewhouse and a bar called Mugs Away, reports the Orange County Register.

At least two of those three events were bad choices for someone with four prior misdemeanor DUI convictions.

]]> After finishing their celebration, the couple got into their car, and the man with four priors decided to drive. Despite his experience with drunk driving, he still managed to swerve across four lanes of traffic on the I-5, across the shoulder, down an embankment, and into a tree, reports the Register.

It would be less hilarious if someone was severely injured. His new bride suffered a few facial abrasions, but the couple survived. His wife was actually begging for leniency in court before Judge Carla Singer benchslapped the defendant with a three-year prison sentence for felony drunk driving.

Felony DUIs are rarer than the common misdemeanor charge. In order to score the especially harsh charge, one must either cause injury or death to someone other than the driver, have at least three prior misdemeanor convictions, or have a prior felony DUI conviction.

Shore met the mark on two of the three. His wife was injured in the crash, though her wounds were superficial. It can probably be assumed that had he not had four priors, he would not currently be facing three years in prison.

The Judge must have felt that his behavior was particularly heinous, as he received the maximum sentence. Here’s hoping Christopher and Tina Shore’s romance endures his long prison stint.

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