Shayne Lamas, daughter of Lorenzo Lamas and star of E!'s Leave it to Lamas, accepted a plea bargain for the charge of "wet reckless driving" in lieu of fighting her DUI arrest last month.
The Los Angeles City Attorney's Office spokesman, Frank Matejian, confirmed the report with E! News. Lamas accepted 3-years of probation as a result of the guilty plea. She will also have to complete an alcohol awareness court within a limited amount of time.
Lamas was pulled over in the Venice area of Los Angeles on November 15. She claims she had consumed only one drink, but her breath test put her over the legal limit. The 24-year-old told Usmagazine.com she was traumatized by the event. She admits never taking drinking and driving that seriously until she saw that what she calls "just one drink" can lead to an arrest.
In fact, though it would be uncommon for one drink to put an adult over the legal limit, it is not entirely unheard of. Depending on a host of factors, Lamas, a small woman, could have been over the limit after consuming a single alcoholic beverage.
Women notably process alcohol slower than men, leading to a higher average BAC per alcoholic beverage. Young people have also developed less tolerance for the drug in their blood stream. It is for these reasons drivers must be careful to exercise extreme caution, particularly in the coming months of vigilant police activity, to remain safe.
Source
Friday, January 15, 2010
Monday, December 28, 2009
California DUI attorney says field tests may be fraudulent
Prominent Los Angeles DUI Attorney Lawrence Taylor recently discussed how it is possible for a field sobriety test may be entered into a courtroom even though some of the evidence could be "fraudulent."
In any drunk driving arrest, there is an observation period before a breath test can be initiated. This observation period usually consists of a field sobriety test where an officer observes the actions of a driver to determine if there is reasonable suspicion to request a breath or blood test.
The typical field test involves tests of balance, coordination and mental response to a situation. Impaired drivers are thought to have difficulty handling more than one task at a time. Many people, including Taylor, say these tests can be hard for even a sober driver to perform. In an effort to make arrests more procedural, many agencies are adopting a standard battery of tests, according to Taylor.
There are usually signs in the iris's and eye tracking that may lead to drunk driving suspicion as well. Once of the most recognized standard tests is the horizontal gaze nystagmus. Basically, when an officer requests a person to follow a pencil or finger as it tracks back and forth, the eyes of an impaired driver will supposedly shake slightly. Taylor believes this is favored because it appears scientific to jurors in a trial.
Taylor, however, cites a scientific study saying this test is not a valid. The study, published in Science and Justice, says the test is performed incorrectly 95% of the time it is used by an officer. The study points out legal bodies rarely disclose their own reasons for approving these measures with law enforcement agencies. Taylor alleges legal bodies likely know the test is not very accurate. The study agrees, calling the admission of this test as evidence, "deliberate fraud."
Source
In any drunk driving arrest, there is an observation period before a breath test can be initiated. This observation period usually consists of a field sobriety test where an officer observes the actions of a driver to determine if there is reasonable suspicion to request a breath or blood test.
The typical field test involves tests of balance, coordination and mental response to a situation. Impaired drivers are thought to have difficulty handling more than one task at a time. Many people, including Taylor, say these tests can be hard for even a sober driver to perform. In an effort to make arrests more procedural, many agencies are adopting a standard battery of tests, according to Taylor.
There are usually signs in the iris's and eye tracking that may lead to drunk driving suspicion as well. Once of the most recognized standard tests is the horizontal gaze nystagmus. Basically, when an officer requests a person to follow a pencil or finger as it tracks back and forth, the eyes of an impaired driver will supposedly shake slightly. Taylor believes this is favored because it appears scientific to jurors in a trial.
Taylor, however, cites a scientific study saying this test is not a valid. The study, published in Science and Justice, says the test is performed incorrectly 95% of the time it is used by an officer. The study points out legal bodies rarely disclose their own reasons for approving these measures with law enforcement agencies. Taylor alleges legal bodies likely know the test is not very accurate. The study agrees, calling the admission of this test as evidence, "deliberate fraud."
Source
Tuesday, December 15, 2009
Dumanis warns defense attorneys of problems with LA-based lab
Problems with drug testing of blood and urine at a Southern California lab could affect some San Diego criminal cases.
The lab in question is Pacific Toxicology Laboratories, based in Los Angeles.
District Attorney Bonnie Dumanis sent out e-mails to local defense attorneys Monday to notify them of potential testing problems.
News 8 has learned a small number of drug tests from the lab came back with false-negative results.
Defense attorneys say the results could be far-reaching.
Earlier this year, Dumanis sent out a similar notice after a Riverside County lab technician admitted to falsifying test results.
Source
The lab in question is Pacific Toxicology Laboratories, based in Los Angeles.
District Attorney Bonnie Dumanis sent out e-mails to local defense attorneys Monday to notify them of potential testing problems.
News 8 has learned a small number of drug tests from the lab came back with false-negative results.
Defense attorneys say the results could be far-reaching.
Earlier this year, Dumanis sent out a similar notice after a Riverside County lab technician admitted to falsifying test results.
Source
Saturday, November 28, 2009
Reality TV star Stephanie Pratt arrested for DUI
Stephanie Pratt, star of MTV's "The Hills," was arrested early Sunday morning by Los Angeles Police for driving under the influence.
Pratt, sister of famed Spencer Pratt, was pulled over just before 4:00 AM in Hollywood. The charge is the star's first, and Pratt faces misdemeanor charges. Officers tell the media Pratt was pulled over for driving in a manner consistent with impaired driving. They say she cooperated fully and there were no unique circumstances with the arrest.
Adding to the buzz surrounding the arrest is the fact Pratt was on Twitter earlier in the evening. She tweeted about attending Holly Montag's, younger sister of Heidi Montag, birthday party. Entertainment news sources claim she appeared to be heading home at that point. The tweet read, "Just finished dinner and going to Empire but I'm pretty tired, a.k.a. yes, I am the party pooper."
A first-offense DUI in Los Angeles will be eligible for an ignition interlock mandate according to new legislation but not until July of next year. This means Pratt will not have to use the device. She will have to surrender her license as a result of the arrest. If convicted, Pratt will face jail time and probation.
However, since this is Pratt's first DUI, it is likely she will not serve time behind bars. She will be eligible under California law to have the offense expunged with appropriate probation efforts. These efforts typically include attending alcohol classes, avoiding alcohol and bars, completing community service hours and submitting a drug test.
There is some speculation about the success of these programs, though, among Los Angeles's celebrity crowd. Lindsay Lohan was permitted an extension on her probation when she did not fulfill community service hours because she had been "busy."
Source
Pratt, sister of famed Spencer Pratt, was pulled over just before 4:00 AM in Hollywood. The charge is the star's first, and Pratt faces misdemeanor charges. Officers tell the media Pratt was pulled over for driving in a manner consistent with impaired driving. They say she cooperated fully and there were no unique circumstances with the arrest.
Adding to the buzz surrounding the arrest is the fact Pratt was on Twitter earlier in the evening. She tweeted about attending Holly Montag's, younger sister of Heidi Montag, birthday party. Entertainment news sources claim she appeared to be heading home at that point. The tweet read, "Just finished dinner and going to Empire but I'm pretty tired, a.k.a. yes, I am the party pooper."
A first-offense DUI in Los Angeles will be eligible for an ignition interlock mandate according to new legislation but not until July of next year. This means Pratt will not have to use the device. She will have to surrender her license as a result of the arrest. If convicted, Pratt will face jail time and probation.
However, since this is Pratt's first DUI, it is likely she will not serve time behind bars. She will be eligible under California law to have the offense expunged with appropriate probation efforts. These efforts typically include attending alcohol classes, avoiding alcohol and bars, completing community service hours and submitting a drug test.
There is some speculation about the success of these programs, though, among Los Angeles's celebrity crowd. Lindsay Lohan was permitted an extension on her probation when she did not fulfill community service hours because she had been "busy."
Source
Sunday, November 15, 2009
Gov. Schwarzenegger Signing Legislation Cracking Down on DUI Offenders
All right, we're all ready to go. Good morning, everybody. I'm Dale Bonner, Secretary of the Business, Transportation and Housing Agency for the state of California.
Before we get on to the events of the morning I wanted to just say a special note of thanks to some of the people who've taken some time out to be here with us this morning. In addition to the two authors of the legislation, Assemblymember Michael Feuer from Los Angeles and Senator Bob Huff from Diamond Bar, we also have with us Mary Klotzbach from MADD. I see Sheriff McGinness is with us here from Sacramento County. And part of my Traffic Safety Team; we have Commissioner Joe Farrow from the Highway Patrol, George Valverde from the Department of Motor Vehicles and Chris Murphy from the Office of Traffic Safety. And they have been working very hard with all of the allied agencies all around the state to bring down the traffic collisions all across the state of California and to increase road safety.
And I try to remind everybody that by improving safety on the highways we're not only saving lives but we're improving the quality of life, because it's good not only for human beings and families but also for our state economy. And so the legislation we're signing today is particularly important because we can't control the weather but we can do more and more to control human behaviors that result in unnecessary collisions and that's what we are taking a significant step towards this morning.
So without further ado, let me introduce to you the man who is going to sign the legislation that's so important, that has brought us here this morning, my boss, Governor Arnold Schwarzenegger.
Source
Before we get on to the events of the morning I wanted to just say a special note of thanks to some of the people who've taken some time out to be here with us this morning. In addition to the two authors of the legislation, Assemblymember Michael Feuer from Los Angeles and Senator Bob Huff from Diamond Bar, we also have with us Mary Klotzbach from MADD. I see Sheriff McGinness is with us here from Sacramento County. And part of my Traffic Safety Team; we have Commissioner Joe Farrow from the Highway Patrol, George Valverde from the Department of Motor Vehicles and Chris Murphy from the Office of Traffic Safety. And they have been working very hard with all of the allied agencies all around the state to bring down the traffic collisions all across the state of California and to increase road safety.
And I try to remind everybody that by improving safety on the highways we're not only saving lives but we're improving the quality of life, because it's good not only for human beings and families but also for our state economy. And so the legislation we're signing today is particularly important because we can't control the weather but we can do more and more to control human behaviors that result in unnecessary collisions and that's what we are taking a significant step towards this morning.
So without further ado, let me introduce to you the man who is going to sign the legislation that's so important, that has brought us here this morning, my boss, Governor Arnold Schwarzenegger.
Source
Wednesday, October 28, 2009
Los Angeles Private Investigator Proves Child Neglect and Endangerment Issues Through Law Enforcemen
Increasingly, allegations of child neglect and endangerment are viewed as “child custody disputes” within the jurisdiction of family law courts. Accordingly, it is becoming more common for a parent to levy allegations of abuse and report such claims to the Department of Social Services to initiate a formal investigation.
Many concerned parents get a rude awakening when Child Protective Services’ reports turn up “Unfounded” results and they learn no further action will be taken. This can be a nightmare to any parent who has intimate knowledge of the abusive parent’s potential to harm the child.
In reality, most such cases are treated as “Child Custody Disputes” by family court. A contested child custody dispute can be a financially and emotionally frustrating endeavor. Many times the case can be reduced to legal theatrics by ambitious attorneys prolonging the legal agony for profit. Most cases will be invariably predicated on unsubstantiated facts and the implied consequences on the child. These cases will lack direct evidence to support the allegations to materially implicate the bad parent.
The child custody experts at Lead Investigation Group, Inc. specialize in handling such custody cases by introducing direct and relevant evidence. The agency consults and investigates complex custody cases private clients and Certified Family Law Specialist attorneys. The agency employs all its resources including use of law enforcement assistance when necessary to properly document and investigate criminal offenses (ie: DUI arrests, narcotics possession, domestic violence, or money laundering and financial crimes.) The investigations supplement the routine investigation conducted by the agency (ie: documentation of alcohol or drug dependency, relationship with or cohabitation with a new partner who is unfit, or through documentation of any pattern of behavior indicative of emotional abuse or neglect.) These efforts generate overwhelming evidence that would otherwise remain undiscovered.
In a recent case, Lead Investigation Group's Orange County private investigators documented a subject's alcohol intake during a weekend visitation with the minor child. The investigators noted the mother's impaired motor functions, as she drove to the babysitter's house to pick up the child. While transporting the child, the mother was detained and arrested for DUI by the Orange County Sheriff's Department. The evidence of the mother's alcohol intake was presented by the investigators and a conviction for willfull child endangerment and a DUI was sustained. Accordingly, custody was turned over to the father of the child, as the mother was deemed a potential threat to the minor child.
Lead Investigation Group’s investigators are subject matter experts and testify to these findings and present legally admissible audio and video recorded evidence to bolster the case. The findings are usually the key to a favorable custody ruling or modification.
The agency’s private detectives have leveraged hundreds of cases in nearly every Family Court venue in California. Since October 2008, the agency has had a 100% success rate in Ex-Parte motions filed in Orange County, Los Angeles, San Diego, Riverside and San Francisco County.
The agency also specializes in investigating financial matters and asset checks affecting Child Support and Spousal Maintenance (alimony) by finding Hidden Assets, Bank Accounts, Brokerage Accounts and fraudulently transferred monies.
Source
Many concerned parents get a rude awakening when Child Protective Services’ reports turn up “Unfounded” results and they learn no further action will be taken. This can be a nightmare to any parent who has intimate knowledge of the abusive parent’s potential to harm the child.
In reality, most such cases are treated as “Child Custody Disputes” by family court. A contested child custody dispute can be a financially and emotionally frustrating endeavor. Many times the case can be reduced to legal theatrics by ambitious attorneys prolonging the legal agony for profit. Most cases will be invariably predicated on unsubstantiated facts and the implied consequences on the child. These cases will lack direct evidence to support the allegations to materially implicate the bad parent.
The child custody experts at Lead Investigation Group, Inc. specialize in handling such custody cases by introducing direct and relevant evidence. The agency consults and investigates complex custody cases private clients and Certified Family Law Specialist attorneys. The agency employs all its resources including use of law enforcement assistance when necessary to properly document and investigate criminal offenses (ie: DUI arrests, narcotics possession, domestic violence, or money laundering and financial crimes.) The investigations supplement the routine investigation conducted by the agency (ie: documentation of alcohol or drug dependency, relationship with or cohabitation with a new partner who is unfit, or through documentation of any pattern of behavior indicative of emotional abuse or neglect.) These efforts generate overwhelming evidence that would otherwise remain undiscovered.
In a recent case, Lead Investigation Group's Orange County private investigators documented a subject's alcohol intake during a weekend visitation with the minor child. The investigators noted the mother's impaired motor functions, as she drove to the babysitter's house to pick up the child. While transporting the child, the mother was detained and arrested for DUI by the Orange County Sheriff's Department. The evidence of the mother's alcohol intake was presented by the investigators and a conviction for willfull child endangerment and a DUI was sustained. Accordingly, custody was turned over to the father of the child, as the mother was deemed a potential threat to the minor child.
Lead Investigation Group’s investigators are subject matter experts and testify to these findings and present legally admissible audio and video recorded evidence to bolster the case. The findings are usually the key to a favorable custody ruling or modification.
The agency’s private detectives have leveraged hundreds of cases in nearly every Family Court venue in California. Since October 2008, the agency has had a 100% success rate in Ex-Parte motions filed in Orange County, Los Angeles, San Diego, Riverside and San Francisco County.
The agency also specializes in investigating financial matters and asset checks affecting Child Support and Spousal Maintenance (alimony) by finding Hidden Assets, Bank Accounts, Brokerage Accounts and fraudulently transferred monies.
Source
Thursday, October 15, 2009
Supreme Court Cites Los Angeles DUI Attorney as Authority
LONG BEACH, Calif., Aug. 5 /PRNewswire/ -- In a landmark decision, the California Supreme Court has cited a Los Angeles DUI lawyer as authority in reversing previous law prohibiting California DUI attorneys from offering evidence in trial that breathalyzers used in drunk driving cases are susceptible to inherent error.
In California v. Neal, the Supreme Court three times cited the legal textbook California Drunk Driving Defense, 4th edition as scientific authority for its decision. Used by California DUI lawyers statewide, the best-selling text on the subject is authored by Los Angeles DUI attorney Lawrence Taylor. As reported in TheNewspaper.com: A Journal of the Politics of Driving:
The California Supreme Court last Thursday entered a ruling allowing motorists accused of driving under the influence of alcohol (DUI) to question the reliability of the breathalyzer machinery used to secure convictions.
"Simply put, the machines all automatically convert the amount of alcohol tested in the tiny amount of breath taken from the suspect," California DUI attorney Lawrence Taylor explained. "The internal computer multiplies the amount by 2100 -- using the average ratio of alcohol in blood to alcohol in breath -- to estimate the amount of alcohol in the suspect's blood. Problem: We are not all average. And ratios vary from 1300:1 to 3500:1."
With this in mind, the supreme court held that partition ratio evidence may now be raised as a defense to a general DUI charge. The court, however, in previous rulings made it clear that motorists could be convicted of per se DUI regardless of any scientific evidence regarding actual intoxication. The high court cited Lawrence Taylor as an authority on the subject three times in its decision, but Taylor blasted the decision as irrational.
Known nationally as "The Dean of DUI Attorneys", Lawrence Taylor is a former Los Angeles deputy district attorney and Fulbright Professor of Law who has lectured to DUI lawyers in over 41 states. Taylor currently heads his law firm of 8 DUI defense lawyers serving clients in Los Angeles, Orange County, Riverside-San Bernardino, San Diego and the San Francisco Bay area.
The decision has been widely applauded by DUI defense attorneys in California, while prosecutors have criticized the decision, predicting that it will result in far more DUI lawyers winning acquittals.
Source
In California v. Neal, the Supreme Court three times cited the legal textbook California Drunk Driving Defense, 4th edition as scientific authority for its decision. Used by California DUI lawyers statewide, the best-selling text on the subject is authored by Los Angeles DUI attorney Lawrence Taylor. As reported in TheNewspaper.com: A Journal of the Politics of Driving:
The California Supreme Court last Thursday entered a ruling allowing motorists accused of driving under the influence of alcohol (DUI) to question the reliability of the breathalyzer machinery used to secure convictions.
"Simply put, the machines all automatically convert the amount of alcohol tested in the tiny amount of breath taken from the suspect," California DUI attorney Lawrence Taylor explained. "The internal computer multiplies the amount by 2100 -- using the average ratio of alcohol in blood to alcohol in breath -- to estimate the amount of alcohol in the suspect's blood. Problem: We are not all average. And ratios vary from 1300:1 to 3500:1."
With this in mind, the supreme court held that partition ratio evidence may now be raised as a defense to a general DUI charge. The court, however, in previous rulings made it clear that motorists could be convicted of per se DUI regardless of any scientific evidence regarding actual intoxication. The high court cited Lawrence Taylor as an authority on the subject three times in its decision, but Taylor blasted the decision as irrational.
Known nationally as "The Dean of DUI Attorneys", Lawrence Taylor is a former Los Angeles deputy district attorney and Fulbright Professor of Law who has lectured to DUI lawyers in over 41 states. Taylor currently heads his law firm of 8 DUI defense lawyers serving clients in Los Angeles, Orange County, Riverside-San Bernardino, San Diego and the San Francisco Bay area.
The decision has been widely applauded by DUI defense attorneys in California, while prosecutors have criticized the decision, predicting that it will result in far more DUI lawyers winning acquittals.
Source
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