Posted On: September 30, 2008

New California Drunk Driving Law Tips

Holiday Tips On The New Drunk Driving Law From Lawrence Wolf, Attorney at Law
by Lawrence M. Kohn

A judge Pro-Tem and successful criminal attorney, Lawrence Wolf – a principal in the Century City law office of Lawrence Wolf – is a recognized expert on drunk driving, juvenile justice and consumer fraud. He is a leading television and radio guest and also hosts his own television show called “The Law and You”, which can be seen weekly on West Hollywood’s Continental Cable, Saturday at 9:30 pm, and on Santa Monica’s Century Cable, Friday at 8:30 pm.

Kohn: Larry, the holiday season is upon us, and people will be attending office parties. Can they have a glass of wine two hours before they drive home or is that going to get them into trouble?

Wolf: The reality is that one glass of wine or beer for the averaged-sized person two hours before you’re stopped is legal. Once you have that second drink, however, you’re bordering on being convicted and potentially placing someone else’s life and your life in danger.

But there’s another reality that’s important: if the police officer smells any alcohol on your breath, he is not going to be impressed that it was only one glass of wine two hours ago.

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Posted On: September 27, 2008

DMV DUI License Suspension Can be Stopped

Incredible success has been obtained in overturning DMV Drunk Driving Administration per se suspensions based on DMV’s OWN records. “Check the four corners” of each document, and give special attention to blood and urine result records. Call (310) 277-1707 for inside info.

Posted On: September 24, 2008

Insurance Fraud Staged Accident Fatality

Does a death in a staged accident equal murder?

In the first of its kind prosecution, a personal injury attorney, tried for the accidental death occurring during a staged accident ended in a mistrial. Bold new theories of second degree murder under a new theory of “vicarious liability” are being tested. See People v. Antick, 15 Cal.3d 79 @ p.86 (1975), Taylor v. Superior Court, 3 Cal.3d 578, 584 (1970), People v. Gilbert, 63 Cal.2d 690, 704 (1965). Call me for updates.

Posted On: September 20, 2008

Criminal Defense Attorney Tips and Advice

Police target tips: don't get arrested "by accident"

- Take detailed notes of your incarcerations. Include taped discussions with witnesses or other parties involved.

- Meet and/or review every client or file personally. A disgruntled client today could end up being a snitch tomorrow.

- Carefully review all police and accident reports, looking out for any suspicious inconsistencies.

- If you are suspicious, investigate before accepting the case.

- Trust your instincts

- If you have information that proves the case is fraudulent, first confer with your own trained counsel.

- Don’t sign your name to any document without careful review.

- Watch out for “rental car” accident cases.

- If you are contacted by law enforcement, immediately contact legal counsel experienced in these matters.

Posted On: September 15, 2008

California Insurance Fraud Cases Still Mounting

Big Brother "District Attorney" is watching you

State and federal agencies, along with the implementation of more effective communication devices has resulted in the “enforcement of insurance fraud in multiple folds” states Los Angeles District Attorney Loren Naiman, assigned to the Special Insurance Fraud Task Force. “We now meet at least once a month to discuss leads in addition to jointly targeting individuals. I’m currently working with a task force involving the Federal Bureau of Investigation, Internal Revenue Service, Postal Department, Department of Insurance, Los Angeles Police Department, and the State bar of California. There will be more MAJOR arrests before years’ end.”

“Los Angeles County is the fraud capitol of the world” states Los Angeles District Attorney Lenny Schaeffer, “although the fraud is tending to move out of Los Angeles County into surrounding areas. We’re still working on cases and they’re still coming in.”

How does a suspected insurance fraud case come to the attention of state and federal authorities? “First”, says Loren Naiman, “all insurers have Special Investigative Units (SIU’s) to investigate fraudulent claim practices. These SIU’s send in documents on suspicious activities, developing leads in other cases. Second, we get cold calls from the public and recently, have received a number of calls from attorneys who just realized their offices had been taken over by people signing their names. Third, a disgruntled client or just a plain snitch” says Lenny Schaeffer.

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Posted On: September 11, 2008

California Criminal Defense Lawyer Telephone Checklist

Bail Bondsperson
Chickie’s Bail Bonds (310) 545-4513

Bail Deviation/Commissioner
L.A. (213)351-5151
O.C. (714) 834-4793 6AM-3PM
(714) 647-4581 after 3PM

O.R. Release
L.A. (213) 974-5821

L.A. County jail
(213) 780-2600

Sybil Brand
(213) 267-2611

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Posted On: September 8, 2008

California Criminal Defense for the Civil Practitioner

A Nuts and Bolts Primer

As a Civil Litigator, you may find yourself in the position of assisting a former or new client in handling what initially appears to be a relatively simple criminal matter. This “nuts and bolts” primer will give you a roadmap through some of the Criminal Justice System pitfalls you may encounter on your trip and alert you when you need the assistance of an experienced criminal attorney.

That Midnight Phone call

The surprise “midnight phone call” from a client who’s just been arrested is not an uncommon occurrence. When this happens (and it will…) you need to know the quickest way to handle your client’s release. That is going to be through the assistance of a bail bonds person. What if you client is unable to post a bond? Try to have their bail reduced by a bail commissioner, if not, you’ll have to prepare for the first court appearance called “the arraignment”. At the arraignment, a bail hearing can be made to try to successfully have your client released.

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Posted On: September 5, 2008

California Drunk Driving "Stop & Snatch Law"

In our premiere issue of the Wolf Report (Fall 1990), we strongly advocated the implementation of a provision to the then new “Stop and Snatch” Law, whereby first offenders would still be allowed to drive to and from work. At that time, no provisions were made permitting first time offenders to continue to drive in the course of their employment.

Those provisions that we advocated have now been enacted. First time drunk driving offenders who have had their license revoked by the DMV for four months may now apply for and receive a restricted drivers license from the Department of Motor Vehicles. Upon proof of insurance, payment of a $100 fee and enrollment in a first offender program, that first time offender may now obtain a restricted driver’s license which permits them to drive to and from and during their course of employment as well as their alcohol program.

Other dui law defenses continue to be developed on a daily basis.

Posted On: September 1, 2008

Insurance Fraud Hotlines

Here are current phone numbers to call should you suspect insurance fraud or abuse:

National Insurance Crime Bureau Hotline
(800) TEL-NICB

California State Department of Insurance Consumer Hotline
(800) 927-HELP

State Fund Fraud Hotline, for workers’ compensation fraud
(800) 683-7283

Remember: Always consult with trained Los Angeles criminal defense counsel first.