January 18, 2008

TLC’s Little Star found Not Guilty of DUI

Last week we reported that the star of TLC’s “Little People, Big World” Matt Roloff was in trial facing misdemeanor charges of DUI in his home state of Oregon. Roloff, who failed to provide a breath test and reportedly refused field sobriety tests, defended the charges by arguing he drove erratically because he was not used to the pedals in his wife’s customized van. Judge Donald R. Letourneau handed down the ‘not guilty’ sentence after Roloff’s attorney asked the judge to dismiss the jury after some members of the six panel of jurors performed internet research on various legal definitions and DUI tests against the judge’s instructions not to seek outside information. The Oregonian newspaper reported that the jurors researched Rather than moving for a mistrial, Roloff’s attorney requested the judge rule on the charges.

Judge Letourneau found Roloff not guilty of the DUI charges. He told The Oregonian newspaper that the Oregon Supreme Court found the horizontal nystagums gaze test only 77% accurate and that the state had failed to prove Roloff was DUI beyond a reasonable doubt. The judge did however find Roloff guilty of refusing to take a breath test as well as for failing to stay in his lane of travel. Roloff was fined $742.00 and $103.00 in court fines. Further, Roloff’s driving privileges have been suspended for three years due to a prior DUI diversion program he agreed to enter in 2003 and his failure to take the breath test following his more recent arrest.

January 9, 2008

Little People, Big Defense?

Matt Roloff, the size star of TLC’s reality show “Little People, Big World” about a family of little people that include Roloff, his wife and one son who face numerous challenges as little people in a big world (the family also includes two normal sized children) is currently in trial on one charge of misdemeanor driving under the influence of intoxicants last summer. Roloff, who is 4 foot tall and regularly uses crutches to walk, was pulled over on a rural road in Washington County, Oregon where Roloff lives after a deputy noticed a white van make a wide turn after leaving a local pub and drive over the yellow double line a few times. Police claim they immediately noticed an odor of alcohol and asked Roloff to step out of the van. Roloff, who was driving his wife’s van, reportedly failed sobriety tests and refused a breath test. Police deputies on the scene noted that Roloff was argumentative and uncooperative with police during their investigation.

Roloff’s attorney, Robert Themmel, however argued to jurors today that Roloff reacted “the only way he knew how to a deputy who wouldn’t listen to him”. During opening statements, Thuemmel told the jury: "He is a man whose entire life has brought him to a place where, to stand up for himself, has taught him to be a little bit more assertive, more combative." Adding: "He speaks out more for himself than some." Thuemmel also intends to argue that Roloff, who admitted to having one beer that evening, was having problems reaching the pedal because he was not used to the height of the pedal extensions in his wife’s van and that he refused the breath test because he did not “trust” the deputy.

The jury is expected to deliberate today.

December 28, 2007

Rebecca De Mornay Charged with DUI

The L.A. District Attorneys Office charged ‘Risky Business’ star Rebecca De Mornay, 48, with two counts of misdemeanor driving under the influence in connection with her October 30, 2007 arrest. De Mornay, who is best known for starring opposite a young Tom Cruise in the popular 80’s movie, was pulled over on famed Sunset Boulevard and arrested after allegedly failing field sobriety tests. She reportedly had a blood alcohol content of .09.

December 27, 2007

Former O.C. star arrested for DUI

Former O.C. star, Mischa Barton, was arrested last night in West Hollywood, California. Barton was pulled over after police saw her “straddling two lanes of traffic” and change lanes without signaling at around 2:45 a.m. In addition to being charged with suspicion of DUI, Barton, was also charged with driving without a license. Reports also indicate she was charged with possession of a controlled substance. Barton was arrested, booked and released this morning at 10:00 a.m.

December 21, 2007

Latin Rapper, Pitbull, is in the Dog House

Popular Latin rapper, Pitbull, (real name Armando Perez) was arrested on suspicion of DUI last night in Miami after passing an unmarked police car doing a reported 93 MPH in a 55 MPH zone. According the police report obtained by TMZ.com the rapper refused to get out of the car. The officer detected a strong odor of alcohol coming from Pitbull and ordered him out of the car to perform field sobriety tests which he reportedly failed after losing his balance and being unable to perform the finger-to-nose test. Pitbull was arrested and released on $1,000.00 bail.

December 19, 2007

Defective Breathalyzer for Rourke?

Last month, 1980’s movie icon Mickey Rourke was arrested for driving under the influence on a Vespa in Miami Beach. The Miami Herald is reporting that Rourke’s defense to the DUI charge is that the Breathalyzer used by the Miami Beach Police Department malfunctioned. Rourke’s attorney maintains that when Rourke first took the test the machine gave a blood alcohol reading of .081, just over the legal limit in Florida. However, a second test was administered later on and Rourke’s blood alcohol reading was said to be a .074. It is not determined whether the Miami-Dade County State Attorney’s office will drop the charges filed against Rourke.

December 18, 2007

‘Karate Kid III’ Star Pleads No Contest to D.U.I.

No, not Ralph Macchio. The other guy who got his butt kicked. Sean Kanan who was arrested and charged with DUI in Los Angeles on August 18, 2007 with a blood alcohol of over .08% pled no contest to the misdemeanor DUI charges. He was sentenced to serve 96 hours in L.A. County jail, followed by five years of probation. In addition, the judge ordered he pay fines and complete an 18 month alcohol education program. Wonder if Mr. Karate Kid will serve mere minutes of his sentence like some of the popular female celebrities in L.A.?

November 14, 2007

BILL MURRAY ARRESTED FOR DUI.

Bill Murray, the star of great movies like Caddyshack, Ground Hog Day, and The Razor’s Edge, was arrested for DUI in Stockholm, Sweden. Following a golf tournament, Murray was pulled over while driving his golf cart through downtown Stockholm.
A Detective-Inspector said Murray refused to take a breath test citing American legislation, so he “applied the old method – a blood test.” Murray was released and it is believed he returned to the United States.
The Detective-Inspector stated Murray would be charged with DUI if his BAC exceeded the legal limit. Murray signed a document admitting he was driving drunk and allowing a local police officer to plead guilty for him if his case goes to court. We hope the officer doesn’t have pay Murray’s fine.
Sweden’s BAC limit is only 0.02 percent. According to the U.S. National Highway Traffic Administration, Sweden’s penalties for DUI range from fines for a first offense with a BAC between 0.02 and 0.10 percent to a possible prison sentence of 1 to 2 months for a BAC over 0.10 percent with aggravating circumstances. Unlike the United States, Sweden imposes progressive fines based on income.

November 14, 2007

MICKEY ROURKE ARRESTED FOR DUI IN FLORIDA.

On November 8, 2007, Mickey Rourke was arrested for driving under the influence in Florida.

Rourke was arrested while operating a Vespa motor scooter with a woman on the back between the hours of 4 and 5 a.m. Rourke was stopped for allegedly doing a U-turn in front of a police officer forcing him to activate his brakes. Rourke allegedly failed roadside sobriety exercises and exceeded Florida’s blood alcohol limit by only .001. How ridiculous. If Rourke pleads either guilty or no contest to this charge, I am going to be amazed. Why these celebrities are not fighting these DUI’s is beyond me. Even without seeing the police report, or DUI video, if one exists in this case, I’m confident that the case is absolutely defendable due to the low blood alcohol evidence obtained by the Intoxilyzer.

November 14, 2007

GARY COLLINS ARRESTED FOR DUI.

In another celebrity arrest, T.V. host Gary Collins was booked for driving under the influence on Tuesday night. Collins is alleged to have caused an accident involving a total of four vehicles. Injuries included one individual being taken to the hospital after being knocked unconscious from the impact.

Gary Collins is best known for his work in the 80’s T.V. show “Hour Magazine.”

October 25, 2007

DUIs ARE FUNNY. IF YOUR NAME IS TRACY MORGAN.

Actor/comedian, Tracy Morgan is best known for his portrayal of characters like animal expert, Brian Fellows on Saturday Night Live, and more recently for his role on NBC’s acclaimed show “30 Rock.” However, the funnyman may also be known for his run in with the law and love of drinking and all things alcohol.
In November 2006, Morgan was arrested on suspicion of DUI at 4:30 a.m. in his beloved city of Manhattan. He reportedly admitted he had been drinking beer at a local night club. Sadly, Morgan was already on probation stemming from a prior DUI charge. In order to avoid jail time for a second DUI and possible violation of probation, he entered into a plea agreement to wear a SCRAM bracelet, or DUI ankle bracelet made popular by other celebrities like rapper, Eve, and appear at high schools to warn students about the dangers of drinking and driving.
In a recent interview with the Associated Press, Morgan reflected on his partying ways, saying:
“It happened. Unfortunately, it happened. I'm not perfect. I'm like anyone else. Driving under the influence isn't cool. I have kids and I don't want anyone to get the wrong message about that. It's something I've resolved in my life. Things got a little bumpy and it was taken care of. And I feel great about it and feel good in my sobriety."
Morgan told the reporter he takes his sobriety “one day at a time” but what he really wanted was “25 to 30 drinks!" Morgan fell off his chair in laughter and admitted to the reporter he was only kidding. Perhaps laughter really is the best medicine.

-William Ryan Moore, Esq.

October 24, 2007

ARE CELEBRITY DUI SENTENCES GETTING STRICTER?

How many chances and lucky breaks do celebrities seem to enjoy these days following arrests for DUI? Far too many it seems. Those of us familiar with DUI laws and penalties for the rest of us non-celebrity folk know all too well that we aren’t serving 82 minutes of a jail sentence for a second DUI conviction. Nor are we likely to be released after only a few days of our jail sentence due to anxiety? Anxiety? Early releases for anxiety would at the very least serve to reduce inmate crowding I suppose.
Unless you were living on another planet this year, it was impossible to avoid the news of celebretards, Paris Hilton and Nicole Richie, two girls known more for their wealthy parents than anything truly noteworthy, who were both sentenced to serve jail time for their respective DUI charges. Paris Hilton was sentenced to 45 days but ultimately served about 21 days. However, several days into her stint in the local county jail she was released due to “anxiety” and allowed to go home. Who doesn’t remember the look on the face of the poor little rich girl, with tears streaming down her face being driven back to jail to complete her sentence after the L.A. County Sheriff’s “mix up?” Injustice indeed.
And Ms. Richie, a former heroin addict and all-around party girl, who received her second DUI (mind you she admitted to being high on pot and the pain killer Vicodin, not on alcohol) who served less than an hour and a half of her sentence. No doubt reinforcing the lack of faith non-celebrities have in the judicial system. At least in California’s judicial system.
However, could the tide be turning? Just this month two celebrities appeared to have been handed unusually lengthy sentences for violating DUI related laws, at least in Hollywood. The star of “24,” Kiefer Sutherland, arrested for his fourth DUI charge, pled no contest and was sentenced to serve 30 days in jail. A whole 30 days. That’s like serving three years in non-celebrity world. Of course, for the sake of the public (and Fox) the Court will allow him to serve this sentence while “24” is on a filming break for the winter. How lucky for us viewers.

And perhaps lesser known celebrity Michelle Rodriguez of “Lost” fame shouldn’t have ignored the Court’s order to perform community service. Ms. Rodriguez, who along with her “Lost” co-star, Cynthia Watros, was arrested for DUI back in December 2005 was court ordered to complete 30 hours of community service for her DUI related charges. She recently admitted to failing to do so. (She got the boot from “Lost” – didn’t she have all the time in the world to complete 30 hours?) She will be required to turn herself in on Christmas Eve to complete 180 days in L.A.’s county jail. 180 days? Now that’s a sentence. Coincidentally, Michelle only served 4 hours and 20 minutes in jail in May 2006 for her DUI charge due to (you guessed it) overcrowding – even though she was sentenced to two months for violating probation.

Yes it appears the tide is indeed turning when it comes to celebrity DUI sentencing, but the actual time served, remains to be seen. Am I alone in thinking that Jack Bauer, I mean Kiefer Sutherland, will be out in less than 24 hours?

-William Ryan Moore, Esq.

October 23, 2007

ORLANDO BLOOM: Latest Celeb Caught in Hit & Run/DUI Scandal?

Could ‘Lord of the Rings’ and ‘Pirates of the Caribbean’ star, Orlando Bloom be the next celebrity caught in an alleged ‘hit and run’ or DUI scandal? Bloom was involved in an accident at approximately 2:15 a.m. early Friday morning on October 12, 2007, after leaving a night club in Los Angeles. TMZ reported that he driving a Toyota Matrix belonging to the director of photography for ‘Pirates’ when he crashed into a parked Porsche Cayenne. Just before the accident, Bloom was spotted arguing with an unidentified man about the man’s wife before taking off in the Matrix.
Bloom had two female passengers with him, one of whom reportedly sustained a fractured neck in the wreck. Photographers and camera crew filmed Bloom as he walked away from the scene of the crash leaving his two bleeding passengers at the scene! Paparazzi ran after Bloom and encouraged him to return to the scene of the accident which he did after second thought. TMZ reports that upon returning to the scene, LAPD did not administer sobriety tests and declared that Bloom was not under the influence of alcohol despite having just left a night club. Once again, it seems to pay to be a celebrity. Let’s see what his female passengers have to say once they recover from their injuries.

-William Ryan Moore, Esq.

October 22, 2007

You Won't See Amy Winehouse Charged with DUI

We all know she said “no no no” to going (and staying) at rehab but apparently British songstress, Amy Winehouse, also says “no no no” to getting behind the wheel of a car. The talented but troubled Winehouse has made no secret of her love for alcohol and other substances. She recently celebrated her 24th birthday by drinking with some mates in London. She admitted she would be drinking at her party but was overheard saying “drugs were a private matter.” It has been reported she and her husband, Blake Fielder-Civil, were treated briefly for addictions to heroin and other drugs. Fortunately, to date, Ms. Winehouse has not been seen behind the wheel of a car.

-William Ryan Moore, Esq.