Posts Tagged ‘felony’

Stars Are Not Immune To DUI/DWI

March 18th, 2010

Although many popular television shows and movies feature the common person (or what is supposed to be an average Joe) being arrested for DUI/DWI, even stars are not immune to being arrested. Driving under the influence of drugs/alcohol or driving while intoxicated is a serious offense in most states, and can be treated like a felony or misdemeanor, depending on many different factors. Everyone from your next-door neighbor to sports players, film stars, and various icons can be arrested, and treated the same in this case.

Sports players have to treat their bodies with special care and attention, and often steer clear of consuming alcohol in order to take care of their bread-winning asset-their ability to play a chosen sport. Sometimes, circumstances or poor decisions lead to drinking more than they can handle without impairment, and they are pulled over by law enforcement. Some examples of sports players with arrests related to drunk driving in the last year include, according to news reports:

* Donte Stallworth – Cleveland Browns. Convicted of DUI manslaughter for his role in a DUI involving the accidental death of a pedestrian.
* Al Jefferson – Minnesota Timberwolves. The basketball star issued a public apology aimed at his fans, especially younger fans.
* Byron Westbrook – Washington Redskins. The football icon refused to cooperate with sobriety testing, and faces increased punishment in Maryland.
* Andres Nocioni – Sacramento Kings
* Tarence Kinsey – Cleveland Cavaliers
* Dane Sardinha – Philadelphia Phillies

Film stars are featured on the news as well, as proof to the public that their popularity and familiarity does not get them as many special favors as we might think. Here are some examples of actors and actresses arrested for alcohol-related behavior:

* Jake Harris – Deadliest Catch
* Stephanie Pratt – television’s The Hills
* Tawny Kitaen – legendary icon
* Lori Petty – television and movie actress
* Rip Torn – legendary actor

As you can see, even some of the most notable names have had their fame cast aside until a bail hearing. During past years, other famous stars have been arrested for DUI/DWI as well, including mega-star Mel Gibson’s famous case a few years ago. Most of us believe that their fame will keep them from being arrested, and sometimes this happens, but in most cases, the rich and famous are treated much the same as the rest of us. The biggest difference is that it is much easier for some stars to post bail.

It is very important to contact a professional lawyer as early as possible in your case, so that you can get the most favorable outcome possible. A skilled lawyer can seek to have charged dropped or reduced, and can offer alternative penalty options that may apply in your individual case. This may include IID (ignition interlock device), alcohol rehabilitation course, defensive driving class, community service, and similar penalties, with the appropriate show of remorse.

Felony DUI trial victory

November 2nd, 2009

I just finished a grueling trial last week on a felony DUI. My client had been accused of DUI and refusing to submit to a breath test as well as stealing a car. My kid was looking at at least 2.5 years in prison if he had been convicted of the crime.  It was the greatest feeling to hear the foreman of the jury say the two sweetest words in the english language: Not Guilty!

Sometimes you can just look at a DUI case and figure that it is going to trial no matter what. Sometimes the facts of the case will dictate that direction while other times it is the client’s personal circumstances. Either way, you must always be prepared to take the case to trial. This isn’t poker. Bluffing gets you nowhere except a poor result. If the DA even suspects you are bluffing or that you never follow through with your assertion that you will try the case, chances are your case is going to fold and you, the client, will be left holding the bag.

Choosing an experienced trial lawyer is the key to the successful outcome of your case. Let’s face it. When life gives you lemons, sometimes you have to just make lemonade. If you hire the attorney who tells you “don’t worry, I know the DA”, or “I’ll get you a good deal”, you have just made a big mistake. There is nothing wrong with trying to angle a deal in a DUI case. However, deals don’t just grow on trees. They are earned through hard work and preparation as well as a time-tested reputation. It is better to negotiate with the point of a sword than it is to do it from your knees.

Don’t make the classic mistake of hiring the cheapest attorney or the attorney who will tell you what you want to hear. Rather, hire the attorney who you feel will most likely get you the results you want in your case.