| Walking the streets of Los Angeles is becoming more | | | | seriousness of the injuries. |
| and more hazardous, given the amount of drunken | | | | Unfortunately, the Los Angeles courts tend to coddle |
| celebrities on our roads. This past weekend we | | | | our celebrities, so I am not expecting Ms. Lohan to be |
| became aware that Lindsay Lohan was arrested in | | | | sentenced similar to what an ordinary citizen would |
| Los Angeles for hit and run, and driving while under the | | | | receive under similar circumstances. In my opinion, we |
| influence of alcohol. It also appears that the police | | | | are not doing Ms. Lohan or the public any favors by |
| located a white powdery substance believed to be | | | | treating this crime lightly. There is no better way to |
| cocaine either within Ms. Lohan's vehicle or person. | | | | catch a person's attention than to sentence him or her |
| The preliminary information gathered from the police | | | | to a healthy dose of jail time. |
| revealed that Ms. Lohan had two passengers in the | | | | Ms. Lohan is also a huge role model for thousands of |
| car at the time she crashed into a curb and some | | | | would be actresses. I believe we send the wrong |
| shrubbery, causing injury to herself and her vehicle. Ms. | | | | message to our youth when we treat celebrities as |
| Lohan then fled the scene of the accident without | | | | royalty, as if they are above the law. The impression |
| notifying the police. She was later located at a nearby | | | | we do not want our youth to have is that law |
| hospital by the police who observed she was exhibiting | | | | enforcement gives these people special treatment |
| signs of alcohol influence. | | | | because being drunk and out of control is are essential |
| Apparently this was the third car accident for Ms. | | | | ingredients to their success. |
| Lohan within two years. Ms. Lohan, who has been in | | | | In cases like this numerous commentators discuss the |
| and out of a rehab center for alcohol abuse, is | | | | stress of the actress and the demands of their jobs |
| obviously a dangerous driver. | | | | as an excuse for their behavior. I agree that celebrities |
| From the prosecutor's point of view, Ms. Lohan should | | | | do suffer from a lot of stress. However, in no way |
| be sentenced to a significant amount of jail time for | | | | can they be excused for drunk driving. Celebrities like |
| this offense, possibly six months. Any defense | | | | Lindsay Lohan, more than most people, can afford a |
| attorney in Los Angeles will tell you that the District | | | | private driver, call a cab, or call upon a friend to drive |
| Attorney's Office and the Courts do not treat cases | | | | them home. |
| like this lightly. The aggravating factors involved with | | | | From the defense point of view, there may be a "no |
| this case include: 1) Ms. Lohan fled the scene of an | | | | drive" defense, given that the police did not observe |
| accident; 2) There were two passengers within her | | | | Ms. Lohan driving and we know there were two other |
| vehicle who could have been injured; 3) Ms. Lohan has | | | | people in her car, who could claim to have been driving. |
| a history of bad driving; and 4) She caused injuries to | | | | However, as I tell my clients who face similar charges, |
| herself. | | | | we will not know what defenses, if any, are available |
| In California, first time DUI offenders are sentenced to | | | | until we see the police reports. In this case, the |
| attend a DUI class, pay approximately $1,100 of fines, | | | | passengers may have told the police that Ms. Lohan |
| and placed on three years summary probation. Hit and | | | | was driving, and it appears there may have been a |
| run offenders who have caused injuries, on the other | | | | photographer that places her behind the wheel. |
| hand, can be charged with a felony, and usually | | | | Donald P. Schweitzer |
| receive stiff prison or jail time, depending upon the | | | | Law Offices of Donald P. |