DUI Lawyers Blog Watch

1. Taran Noah Smith, Home Improvement Star, Hit with Burbank DUI Charge

   Home Improvement star Taran Noah Smith’s driving record may need improvement; the 27-year old actor was stopped last Tuesday for driving under the influence in Burbank.

   
   According to news reports, police pulled Smith over near Third Street and Burbank Boulevard early Tuesday morning. The Burbank Leader reports that Smith’s car had been parked, but the vehicle was still running. Police smelled marijuana around the vicinity and found what they believed to drugs in Smith’s 1998 Honda Accord. After being arrested for driving under the influence in Burbank, Smith was booked into a Glendale jail and held on a bail of $10,000. His court date is set for March 1.

   Smith is probably best known for his role as the youngest child on Tim Allen’s Home Improvement, which ran from 1991 to 1997. He got his start as a child actor young – at age seven.

   Smith’s Burbank DUI arrest highlights several important factors:

   • Being a celebrity does not immunize you from getting arrested for marijuana or alcohol-related Burbank DUI. The law is the law, no matter what your station in life or level of celebrity;
   • You can still be arrested for Burbank DUI, even if your vehicle is not actively being driven on the road. Consider Smith’s situation – his vehicle was stopped when the police found him (although the motor was running);
   • Early mornings and weekend nights are particularly dangerous times for drivers, since the average car is more likely to be driven by someone who is Burbank DUI. This is just pure statistics. People party and/or drink on the weekends and evenings. So if you want to avoid drivers who might be under the influence in Burbank or elsewhere in Southern California, avoid driving during these dangerous times – late at night, Friday and Saturday nights, and national holidays.

   How might the arrest redound for Smith’s career? Likely, that question is low on his list of priorities. In fact, a Burbank DUI charge – even a relatively minor one that does not involve injuries or damage – can lead to a cavalcade of penalties, such as not insignificant jail time, California license suspension, mandatory alcohol education classes, forced installation of an IID device in your vehicle (which means you cannot drive unless you blow a sober breath into a machine), annoying court costs and fines, and so forth.

   And let’s not forget the indirect costs of Burbank DUI! These can include huge insurance-related problems (which in and of themselves can cost you thousands of dollars over several years) and damage to your professional and personal reputation.

   As an experienced Los Angeles DUI lawyer will tell you, it’s no fun to face these charges.

   The silver lining (if there is one) is that you do not have to fight this battle on your own. Help and resources abound, if you’re willing to do research, accept strategic guidance, and take responsibility for what’s happened to you. A Los Angeles DUI attorney at the Kraut Law Group can help you make significant progress towards restoring your reputation, blunting the charges against you, and developing a strategic battle plan not just to move beyond this one event but also to get the help and support you need to get your life back on track.

   Attorney Kraut is a vastly experienced, highly reputable and compassionate Burbank DUI criminal offense attorney (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). He also has unique experience, in that he has played for “both sides” – prosecutor and defense attorney. He can leverage his first-hand experience as a prosecutor to help you understand what prosecutors will be planning.

   
   

2. Los Angeles Dodger Dodges Los Angeles DUI Charge

   Last November 14th, LA Dodgers first baseman James Loney was busted and charged with driving under the influence in Los Angeles, after he crashed his Maserati into two other cars on the freeway.

   
   The 27-year old apparently spat a breathalyzer mouthpiece at one of the police officers and demonstrated symptoms that any Los Angeles DUI lawyer would tell you could get you in serious trouble with the law. Per TMZ.com: “Loney's behavior was incredibly bizarre...[he] exhibited eyelid tremors and his shirt was soiled and moist from perspiration, from his armpits down to his waistline.”

   From the headlines, the case sounded cut and dry. But lo and behold, twists and turns have happened, as they often do, as any established Los Angeles DUI attorney will tell you.

   The toxicology reports on Loney came back NEGATIVE. That means the prosecutors do not have evidence to pursue his case. The LA City’s Attorney’s Office has dropped the matter.

   No drugs and no alcohol. Interesting.

   Loney’s arrest obviously captured the city’s imagination. He plays for Dodgers. Also, it’s not every day that you see a Maserati spinning wildly out of control and crashing into vehicles on the freeway. Incidentally, Loney just inked a deal with the Dodgers for $6.4 million. Next year, he will be eligible to be a free agent.

   But not every LA DUI arrest is as flashy. If you or someone you love was involved in a more pedestrian (meaning: "less dramatic" not “I was walking”) experience of Los Angeles DUI, you might wonder how this story could be relevant to your defense.

   After all:

   A) You’re not a first baseman for the Dodgers.

   B) You do not (presumably) own a Maserati.

   C) You know better than to spit a breathalyzer mouthpiece at a police officer (presumably).

   Fair enough. Also, you have no way of telling, from the news reports alone, what actions Loney’s Los Angeles DUI attorney did (or did not) take to help him. Obviously, the negative toxicology reports certainly didn’t hurt his chances of getting exonerated.
   But you should never count on good luck to get you out of a tight spot!

   Instead, even if you’ve been accused of committing a relatively minor offense, like a misdemeanor Los Angeles DUI, in which no one was hurt and no damage was done, you can make a significant progress towards a better outcome simply by choosing your Los Angeles DUI criminal defense attorney carefully.

   Michael Kraut of the Kraut Law Group (6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) is a highly reputable former city prosecutor (14-plus years as a Senior Deputy District Attorney). He boasts a Harvard Law School education, wide respect from peers (and opponents) in the court system, and an excellent record – nearly immaculate, in fact – at jury trials.
   

   
   

3. Brimage Guidelines: Mandatory Periods of Parole Ineligibility ("Stip Time") for Certain Drug Crimes

   In State v. Brimage, 153 N.J. 1 (1998), the New Jersey Supreme Court was called upon to address the constitutionality of N.J.S.A. 2C:35-12, which the Court characterized as an “atypical” sentencing statute because it shifted sentencing power from the judiciary to the prosecutor.  The Court held that to satisfy the constitutional requirements of the separation of powers doctrine, prosecutors must be guided by specific, universal standards in their waiver of mandatory minimum sentences under the Comprehensive Drug Reform Act.  Because the then-existing plea negotiation guidelines were not adequate, the Court directed the Attorney General to issue new guidelines – now known as the “Brimage Guidelines” – to promote uniformity and to prevent arbitrariness.  The new guidelines became effective on May 20, 1998.

   Often times, defense attorneys negotiate plea agreements on behalf of their clients, but still reserve the opportunity to “argue for less” at the time of sentencing – and quite frequently judges agree and render lower sentences than those called for under the plea agreements.  However, unlike with ordinary plea agreements, an agreement made under the “Brimage Guidelines” binds judges not to impose a lesser term than that to which the parties agree.

   Therefore, the consequences of being charged with a drug offense that may subject you to sentencing under the “Brimage Guidelines” is serious.  For example, if you are charged with a violation of 2C:35-5, Distribution/Possession With Intent to Distribute a Controlled Dangerous Substance (“CDS”) and you are first-time offender, you may be eligible to enter a plea agreement that will only subject you to a non-custodial sentence (i.e., probationary sentence).  However, if you are charged with a violation of 2C:35-5, Distribution/Possession With Intent to Distribute CDS and you are a repeat offender, the “Brimage Guidelines” will likely be applicable and your sentence will likely be a term of imprisonment in New Jersey State Prison with a mandatory period of parole ineligibility.

   
   “Brimage Guidelines” apply to violations of the following New Jersey drug statutes:

   2C:35-3            Leader of a Drug Trafficking Network

   2C:35-4            Operating a Drug Production Facility

   2C:35-5            Distribution/Possession With Intent to Distribute – First Degree OR

   2C:35-5            Distribution/Possession With Intent to Distribute – Repeat Offender

   2C:35-6            Using a Juvenile in Drug Distribution

   2C:35-7            Distribution/Possession With Intent to Distribute in a School Zone

   Most notably, on January 12, 2010, N.J.S.A. 2C:35-7 (Distribution/Possession With Intent to Distribute CDS in a School Zone) was amended to give discretion under certain circumstances to waive or reduce the mandatory term of imprisonment and parole ineligibility in school zone cases.  The amendment was intended to address concerns about the broad geographic sweep of the school zone offense.  In some jurisdictions, and especially in densely populated urban areas, most locations are situated within 1,000 feet of a school.  As a result, the law’s mandatory minimum sentencing provisions can apply even though the conduct did not directly endanger schools or school-aged children.

   The circumstances under which courts can waive or reduce the mandatory term of imprisonment and parole ineligibility in school zone cases are set forth in N.J.S.A. 2C:35-7b(1):

   a.              the extent of the defendant’s criminal record and the seriousness of any prior offenses for which the defendant has been convicted;

   b.              the specific location of the present offense in relation to school property and the reasonable likelihood of exposing children to drug-related activities at that location;

   c.               whether school was in session at the time of the offense; and

   d.              whether children were actually present or in the immediate vicinity when the offense took place.

   However, you are ineligible for a waiver or reduction if the offense took place while on school property or a school bus; or if violence was used or threatened during the commission of the offense; or if a firearm was possessed during the commission of the offense.

   

4. Penalties for Underage Drinking and Driving in New Jersey

   Under New Jersey law, a person with a blood alcohol concentration (BAC) of .08 percent or higher who operates a vehicle is considered to be illegally driving under the influence (DUI). Depending on the size and weight of the driver, it can only take a couple of drinks to have a BAC above the legal limit. Juveniles face even more severe restrictions.

   Individuals under the age of 21 can be convicted of a DUI if they have a BAC of only .01 percent or greater. This means even a portion of a drink may be enough for an underage driver to have a BAC above the legal limit. Young drivers who have had a drink before driving will face a number of penalties that can adversely affect their future.

   Drivers under the age of 21 with a BAC of .01 percent or higher could face a 30- to 90-day license suspension, 15 to 30 days of mandatory community service, and mandatory attendance at an alcohol education and highway safety program at an Intoxicated Driver Resource Center. Drivers who are under age 17 at the time of the incident are subject to a delay in the processing of their driver license for 30 to 90 days. There are additional New Jersey DUI penalties if the act of driving under the influence resulted in an accident or injuries.

   Young adults and juveniles who are charged with a DUI would be well advised to protect their best interests by contacting a skilled defense attorney. The NJ juvenile DUI attorneys at Lependorf & Silverstein know how to fight underage DUI charges and how to keep our young people out of juvenile detention and jail. To discuss your legal rights and options at absolutely no cost, please call us at (609) 240-0040 today.

   
   

5. Spamming for dollars

   Occasionally I receive an e-mail or a comment from some spammer wanting to write a guest post for this blog. Now there's not much chance of that ever happening. Though I will be more than happy to run Mike Anderson's answers to the questions I posed him last month. I get the feeling that won't be happening, either.
   
   Last week, however, I received an e-mail from an attorney in San Antonio who was willing to pay $15 if I would allow him to write a guest post that linked back to his website. Or I could post a small banner ad for the princely sum of $40 a year. My curiosity was stoked.
   
   

   Hi,
     I'd like to inquire about doing a sponsored blog post -about 150-300 words that talks a little bit about DUI law and links back to oursite http://www.michaelpackar dlaw(dot)com.Weprovide DUII, criminal defense, and immigration Attorney Services and thought wemight be a good fit for your readers/visitors on http://kennedy-law.blogspot.com  
   Here's a list of some blog post titles we've done in thepast:
   - San Antonio Attorneys Can Help Your Criminal Case
   - How a DUI Attorney Can Save Your Life
   - Reasons Why You Need A Immigration Attorney
     Our budget is around $15 for the post. Is this somethingyou'd be open to?
   Also we might be interested in a small banner ad if theprice is right.
   Our budget is $40/year - something like this:
   http://postim age(dot)org/image/ltpbrr70t/

   Let me know if you'd be open to either or both of these.
     Also if you have some other sites just send them over andwe might be interested in doing a sponsored post on there as well!
    
   Regards,
     Phil
   MichaelPackar dLaw(dot)com

   
   But, interestingly enough, when I typed those article names in Google, I got nada. That's right, nothing. Come on, Phil, how could I possibly agree to post one of your articles if I can't even find them on the internet?
   
   So then I went to the website - and scrolled down to the bottom. And there I found it -- LexisNexis. Now it was off to LN's marketing site - Lawyers.com for a little more information. And there I found an article about DWI and prescription drugs. Unfortunately the article was just a quick summation of the law and a call to action. But that was the only posting and it was from back in September of 2011.
   
   Over at Mr. Packard's firm, the lawyers are "devoted" to your case - and they are dedicated to providing compassionate legal services.
   
   There was also this nugget, courtesy of LN:
   

   We at The Packard Law Firm are passionate about getting favorable results for our clients. We prepare and deliver persuasive arguments on their behalf and strong rebuttals to points raised by the opposition. We know the stakes are high for you, and we make every effort to deliver your best case to the judge and jury.

   And, you see, that's what makes them different. They are willing to pay LexisNexis a good chunk of change to create their website and fill it with the literary equivalent of drool. I don't know who Phil is - I'm not sure if he's an employee of the firm or a shill for LN, but he's got a hell of a lot of nerve. Why on earth would I agree to let someone write a guest post for my blog who doesn't even have a blog of their own? Why would I agree to let someone do it who can't show me one decent example of what he can write?
   
   I would like to think that Mr. Packard is a good attorney who will do what it takes to ensure his clients get the representation they deserve. I would like to hope that Mr. Packard was sold a bill of goods by the local LN rep. I don't know if he knows what his marketers are doing to promote his "brand," but I hope he realizes that he's responsible for everything they do in his name - whether he knows about it or not.