San Diego DUI Lawyer Blog

Actress Lindsay Lohan is the subject of a lawsuit filed by three men in a Santa Monica, California Superior Court who were passengers in her vehicle when she was stopped and arrested for her second DUI in 2007.

The lawsuit was filed by Ronnie Blake, Jason Sutter, and Dante Nigro, and the trio are seeking unspecified damages. They claim that Lohan was angry and aggressive in her driving, causing them to feel "shock, fear, and panic at [her] surprising and sudden act" of allegedly commandeering the car to chase her personal assistant through the streets of Santa Monica. They also allege that Lohan was intoxicated and "hostile" and "endangered" the mens' lives during the "joyride." She allegedly told them, "She was a celebrity ... she could do whatever she wants."

Ed McPherson, Lohan's attorney, has called the lawsuit "absurd" and told TMZ.com, “These guys had the night of their lives.”

Lohan spent 84 minutes in jail for her second DUI.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Lohan Sued Over “DUI Carjacking”, SFGate.com, October 22, 2008.

Linsday Lohan Sued by Passengers in DUI case, People.com, October 21, 2008.

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California DMV on California laws regarding driving while under the influence

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Continue reading " Santa Monica, California Lawsuit Filed Against Lindsay Lohan For 2007 DUI " »

In June 2008, former NFL football star and Crimson Tide commentator was arrested for driving under the influence outside Mobile, Alabama. Police say Stabler was pulled over for a traffic violation on Alabama 59 and then subsequently charged with DUI after refusing a breathalyzer test. In California, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI.

Stabler posted $1,000 bond and was released from jail. His trial will be October 22, delayed because city officials had a hard time finding a judge to preside over the case. Stabler is reported as having “extensive legal dealings” in the area and a special prosecutor has been appointed for the trial, which will take place in Robertsdale, Alabama. In California, if convicted of DUI, your hearing will likely be in the town in which your arrest occurred.

Public records indicate that Stabler has two previous DUI charges, stemming from arrests in 2001 and 1995.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Police Arrest Kenny Stabler on DUI Charge, AL.com, June 9, 2008.

Ken Stabler Arrested for DUI, RollAlabamaRoll.com, June 9, 2008.

More Web Resources

California DMV on California laws regarding driving while under the influence

California DMV on what happens when you’re arrested for DUI

Continue reading " Famed NCAA Football Radio Commentator Kenny Stabler’s DUI Trial Set for This Month " »

Darion Conner will get a retrial. Thus ruled a judge 3 years after Conner was originally sentenced to 15 years for DUI manslaughter and vehicular homicide charges stemming from a 2004 accident. An appeals court ruled that Conner should be retried because a judge improperly showed a photograph of the victim to the jury.

Conner's blood alcohol level at the time of the crash was 0.27, more than three times the legal level. In California, the legal limit is 0.08.

And, during the trial, a toxicologist said Conner likely consumed 16 to 21 drinks before he got behind the wheel and subsequently hit and killed bicyclist Jonathan Michael Conklin in September 2004.

The accident was Conner's seventh arrest and fifth conviction for DUI. At the first trial, the judge revoked Conner’s driving privileges for life.

Vehicular Manslaughter Law in California

In California, gross vehicular manslaughter is punishable by immediate license suspension and significant jail time, from 15 years to life.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Darion Conner, Wikipedia.com, September 18, 2008.

Football Player Gets 15 Years in Prison, St. Petersburg Times, July 15, 2005.

More Web Resources

Vehicular Manslaughter Laws in California

California DMV on California laws regarding driving while under the influence

California DMV on what happens when you’re arrested for DUI

Continue reading " Retrial for NFL's Darion Conner in DUI Manslaughter Case " »

Eric Carmen was arrested last month for driving under the influence for the second time in less than two years after slamming his Range Rover into a fire hydrant in Orange, Ohio. The singer reportedly handed police a credit card when asked for his license, and his breathalyzer test was nearly three times the legal limit—0.234 (0.08 is Ohio and California’s legal limit).

A half-empty bottle of Grey Goose vodka was found on the passenger’s seat, TMZ reported. California law stipulates that it is illegal to drive with an open container of alcohol in the vehicle. If apprehended, drivers can face license suspension and jail time; with a previous DUI, however, charges may be more serious.

The police report showed that Carmen was released to his attorney on a personal bond. Carmen, formerly part of the band “The Raspberries” and author of the songs “All by Myself” and “Hungry Eyes” was arrested for DUI in 2007 and thereafter sentenced to a alcohol education program.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

It is illegal for you to drive if you have 0.08 percent or more, by weight, of alcohol in your blood. You will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Singer Eric Carmen Charged With Second DUI, Starpluse.com, September 10, 2008.

Hungry Bloodshot Eyes, TMZ.com, September 10, 2008.

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California DMV on California laws regarding driving while under the influence

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Continue reading " Second DUI for Eighties-Era Raspberries Singer Eric Carmen " »

Titans defensive end Jevon Kearse is off the hook until January 6, 2009. Kearse was pulled over and charged with DUI on June 22, 2008 after Vanderbuilt University police spotted his sports utility vehicle weaving across a road. Kearse refused a breath test at the scene. Kearse’s attorney has told the judge that neither he nor the prosecutor have been able to see the police video of Kearse’s arrest. Results from a blood alcohol test are not known. California’s blood alcohol limit is 0.08.

Police say Kearse was speeding and swerving in his sport utility vehicle and when pulled over, Kearse had slurred speech, red eyes and alcohol on his breath. He claimed he had only had a Vodka and Red Bull and then refused the breath test. In California, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI.

Kearse re-signed in March with the Tennessee Titans, where he was the NFL's defensive rookie of the year in 1999, after playing for the Philadelphia Eagles previously. He has struggled with injuries and ineffectiveness in recent seasons and is expected to be a situational pass rusher this season.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Titans’ Jevon Kearse Arrested for DUI, Fanhouse.com, June 22, 2008.

Kearse’s Hearing Postponed Until January 6, Yahoo Sports, September 30, 2008.

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Continue reading " Barring Video Evidence, NFL Player’s Hearing is Postponed " »

Former Fresno State football player and current Cincinnati Bengals rookie Jason Shirley showed up back in court last week after a judge threatened to issue a warrant for his arrest. Shirley faces DUI and hit and run charges from a DUI arrest in October 2007. Shirley is accused of driving drunk and crashing into a Fresno, California apartment. Shirley left the scene of the crime before officers arrived.

Shirley’s hectic professional football schedule was the reason for the judge to threaten a warrant, but on September 30, with Shirley in attendance in court in Fresno, California, Judge Brant K. Bramer set dates for Shirley’s retrial.

Shirley’s lawyer, Charles Magill, insists, “This case comes at a great cost professionally, they know it, and that’s why they’re trying to force him back into trial.” Magill added, “A rookie player who misses seasonal games is gonna have an impact on them,” speaking of Shirley’s new employers, the Cincinnati Bengals.

Magill has already publicly stated that he plans to ask the judge to drop the charges. Magill also has plans to call the Fresno State football team doctor to the witness stand to discuss whether or not Shirley’s concussion from a previous football game may have had any bearing on the accident.

Shirley’s hit-and-run DUI retrial begins October 29. A jury motion is scheduled for October 14. This is Shirley’s second trial for this incident; a mistrial was declared in June at Shirley’s first trial, after the jury was deadlocked.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Attorney Says DA Making An Example of Jason Shirley, CBS47TV, September 30, 2008.

Trial Date Set for Former Fresno State Football Player, Go Bengals.com, September 30, 2008.

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Continue reading " Former California College Football Star Jason Shirley and His Hit-and-Run DUI Case " »

NFL Denver Broncos wide receiver Brandon Marshall pleaded guilty on Friday, September 12, 2008 to a reduced DUI charge as part of a plea deal. Marshall pleaded guilty to driving while ability-impaired, not driving under the influence as was previously reported, and was sentenced to one year of probation. He was arrested in the fall of 2007 for driving under the influence and for driving the wrong way on a one-way street and failing to drive in a single lane. Marshall was arrested in downtown Denver early in the morning of October 22, hours after the Broncos beat the Pittsburgh Steelers 31-28 in Denver. In California, driving under the influence as well as other offense can lead to stiffer penalties.

The city's attorney's office agreed to drop a separate pending traffic case from June 2008 as part of the plea deal. The judge also agreed to drop the charges of driving the wrong direction and wandering out of his lane. Marshall will pay $1,100 in fines, will serve 24 hours of community service, and will attend alcohol education classes and will serve on a victim-impact panel. Maybe Marshall should get some glasses? Or was it another ability that was impaired? Inquiring minds would like to know why this NFL player got a reduced plea. In California, Marshall would more than likely have faced much more penalty as a result of his wrong-way, DUI, driving experience.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or href="http://www.sandiegolawcenter.com/lawyer-attorney-1239594.html">DUI if apprehended. You could face a fine and jail time if convicted.

Brandon Marshall Pleads Guilty to Driving While Ability Impaired, MileHighReport.com, September 12, 2008.

Brandon Marshall’s DUI Trial Postponed Until Sept., CBS4Denver.com, June 18, 2008.

Web Resources

California DMV on drunk driving

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Continue reading " Another NFL DUI: Brandon Marshall Finally In Court Almost A Year Later " »

NFL Atlanta Falcons safety Lawyer Milloy was arrested for DUI and speeding in Atlanta in the early hours of Monday, September 15, 2008. The former Super Bowl champion, 34, posted a $1,640 bond and was later released from a Gwinnett County, Georgia jail around 9:40 a.m. later that same morning.

Authorities reported that Milloy was speeding on an interstate in Georgia when he was pulled over and found to be driving drunk.

Atlanta Falcons head coach Mike Smith stated he considered Milloy a great player and that the matter would be handled internally. Smith and Milloy met on Monday, but neither discussed what happened during that meeting.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or href="http://www.sandiegolawcenter.com/lawyer-attorney-1239594.html">DUI if apprehended. You could face a fine and jail time if convicted.

Falcons Lawyer Milloy Posts Bond on DUI Charges, MyFoxAtlanta.com, September 15, 2008.

Falcons Safety Charged with DUI, Speeding, RealTime Fantasy Sports, September 12, 2008.

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Continue reading " Twin NFL Player DUIs: First Up, Lawyer Milloy's Driving Under the Influence Arrest " »

Hip-hop star Lil Webbie was arrested on multiple charges, including DUI after a high-speed chase with police on an interstate in Mississippi. A police officer had attempted to pull Gradney over in his 2009 Dodge Challenger for a traffic violation. According to police, Gradney ignored police lights and continued driving recklessly. After speeding along the interstate, the Dodge Challenge exited the freeway and ran into another car, but kept right on going. The Challenger was later found abandoned in a Wal-Mart parking lot. Later, police pulled over another vehicle and found Lil Webbie inside with two other occupants. After the high-speed chase, Webbie was identified as the driver of the damaged Dodge Challenger and taken to Forrest County Regional Jail where he was charged with one count of felony eluding, one misdemeanor count of possession of marijuana, and one count of driving under the influence. His vehicle was seized as evidence. In California, driving in possession of a controlled substance is against the law. Serious penalties may apply to persons apprehended on suspicion of DUI if compounded with other offenses.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or href="http://www.sandiegolawcenter.com/lawyer-attorney-1239594.html">DUI if apprehended. You could face a fine and jail time if convicted.

Rapper Webbie Arrested After Harrisburg Car Chase, WTOPNews.com, September 16, 2008.

Rapper Lil Webbie Arrested After Police Chase; Charged on DUI and Drug Possession, Memphis Rap.com, September 15, 2008.

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Continue reading " DUI For Hip Hop Artist Webbie After High-Speed Chase " »

Heather Locklear was arrested on suspicion of driving under the influence of a controlled substance Saturday evening in Santa Barbara County, California. Alcohol was ruled out, but California Highway Patrol spokesman Tom Marshall states, “[W]e believe Locklear was under the influence of prescription medication.”

Locklear was exiting a parking lot in Montecito around 5 p.m. in the afternoon on Saturday and a witness reported she was driving erratically—revving her engine and running over a pair of sunglasses multiple times.

Soon after, the same witness saw Locklear exiting her vehicle on a nearby highway. The witness than called 911, concerned for Locklear’s safety, even though she did not recognize the actress. When police arrived Locklear was seated inside her vehicle, which partially blocked the roadway.

Just two months ago, Locklear attended an Arizona treatment facility for anxiety and depression. Tests are pending and we will update when those results are reported.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or href="http://www.sandiegolawcenter.com/lawyer-attorney-1239594.html">DUI if apprehended. You could face a fine and jail time if convicted.

Heather Locklear Arrested on DUI Charge, People, September 29, 2008.

Heather Locklear DUI Arrest, New York Post, September 29, 2008.

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California DMV on driving while under the influence

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Continue reading " Actress Heather Locklear Pulled Over in Santa Barbara, California on Suspected DUI " »