The attorney for the Lakers’ Devin Ebanks  on Wednesday strongly denied allegations that the player sexually assaulted a woman and said his client was a target after prosecutors announced they would not seek criminal charges in the case.

“Everyone in this city knows that high-profile people are often targets for those seeking money or attention,” said attorney Jeff Rubenstein, who is representing Ebanks. “There is nothing here, This is not a case, end of story.”

Citing insufficient evidence, Los Angeles County prosecutors announced Wednesday they would not pursue charges against Ebanks in connection with an alleged sexual assault that was reported Sept. 13 and investigated by the Los Angeles Police Department’s Robbery-Homicide Division.

Ebanks and the woman, who was not identified and who went on four dates with Ebanks, had a chance encounter at a

club and went to Ebanks’ residence, where they began kissing, according to the filing rejection issued by the district attorney’s office.

Excerpt from the L.A. Times :

Responding to reports today allegedly involving L.A. Laker forward Devin Ebanks, his attorney Jeff Rubenstein strongly denied all allegations saying:

“Everyone in this city knows that high profile people are often targets  for those seeking money or attention”.    “There is nothing here, This is not a case,  end of story“, said Rubenstein.

Ebanks  will return for his second season when the L.A. Lakers face the Chicago Bulls on Christmas Day at the Staples center.

Los Angeles Lakers forward Devin Ebanks – a 2nd round draft pick in 2010 — is off the hook in an LAPD rape investigation … TMZ has learned.

Law enforcement sources tell TMZ … the alleged victim told police Ebanks took her home from a nightclub on September 13, 2011 … but when she turned down his sexual advances, Ebanks “forcibly penetrated [her] vagina with his penis five to ten times.”

Cops say the woman reported the alleged incident to police later that night.

But here’s where it gets crazy — cops say the woman wanted to get Ebanks to admit to the sex, so she sent him a text message FALSELY claiming he had given her a sexually transmitted disease.

But Ebanks didn’t fall for the trap — and replied that he couldn’t have transmitted anything to her … BECAUSE THEY NEVER HAD SEX!!!

We’re told the woman also underwent a sexual assault examination, which revealed no foreign DNA anywhere on her body.

The L.A. County District Attorney eventually decided the woman had no credible evidence to back her story – and rejected the case against Ebanks.

Source: TMZ

“I was extremely impressed with the participants at this competition.  All of the participants were extremely well prepared, polished and eloquent.  They are all all-stars in my book.”

The organizers should also be recognized.

“Everything was so well organized and this was not an easy task.  It was one of the most well organized competitions I have ever attended.”

Rubenstein looks forward to seeing these students as his peers, colleagues, and opponents when they become actual lawers.

“I wouldn’t want to be against them,” said Rubenstein.

“Although this case was over the top and grossly negligent, this may have a chilling effect on other medical health care professionals representing private clients as they may be reluctant to provide even necessary care outside of a hospital setting and this will not serve the public interest.”

Rubenstein believes that Murray’s team will appeal the verdict, but if convicted and sentenced to the maximum of four years, he is likely to serve his time in county jail, under the new California re-alignment rules.  So where normally he would serve half of the time, because of county jail overcrowding, he is likely to serve less than half and may even be eligible for electronic monitoring.

Rubenstein believes that regardless of the sentence, Murray is sure to lose his medical license and thinks everybody should remember that this is a very sad situation for everybody, including Michael Jackson’s family and the public due to the loss of the super star.

If someone is convicted of a misdemeanor or a felony (with a few exceptions), they may be able to have the case expunged under Penal Code section 1203.4 after completing probation).  Having your case expunged can improve your ability of being hired for a job (because an employer may ask you about your criminal history), obtaining an education, and, perhaps most importantly, having the peace of mind that you successfully completed the terms and conditions of your case and that you can now put your case behind you and move on with your life.

Under Penal Code section 1203.4, you are entitled to get your conviction expunged once you have completed the terms and conditions of your probationary period.  Most convictions are eligible for being expunged, with a few exceptions.

1)      How do you know if you are eligible for having your case expunged?

As a matter of law, the Judge must grant your request to have your case expunged so long as you have:

a)      Completed all of the terms of your probation (If you served any time in state prison you are not eligible for an expungement.)

b)      Paid all of your fines, fees, and restitution (if applicable)

c)      Your probationary term (which is usually 24 or 36 months) is over

d)      You have not violated probation

e)      You have not been arrested, charged, convicted, on probation, or serving any sentence for any other crimes since your conviction in the case for which you are seeking an expungement

2)      Who is eligible for filing for an expungement?

If you have been convicted of a misdemeanor or felony and have completed your probation, you are eligible to request an expungement by filing the necessary paperwork with the Court in which you were convicted.  There are very few crimes that are ineligible to be expunged.

3)      When can you request to have your conviction expunged?

You can ask to have your case expunged after you have completed all the terms and conditions of your probation and your probationary period has “terminated”, in other words, has ended.

4)      Can you request to have your case expunged if you are still on probation?

Yes, but first you must ask the Judge to terminate your probation early, and then request to have your case expunged.  This is a two-step process, and our office is able to help you file the motions you need to ask for early termination of probation and then ask for an expungement on your behalf.

5)      If you violate probation can you request an expungement?

Yes, the Judge has the ability to grant your request for an expungement even if you have violated probation.  Depending upon your violation, the Judge may still grant your request to expunge your conviction.  Our office is very familiar with how to write motions requesting the expungement of your conviction, and we have been successful in helping our clients obtain expungements even if they have had a violation of probation.

6)      If you go to prison can you request an expungement?

No.  Under Penal Code Section 1203.4, if you have been sentenced to state prison, you are ineligible to receive an expungement.

7)      Once you obtain an expungement, does your conviction “disappear” or “get erased” from your criminal record?

An expungement allows you to state on a job application that you have not been convicted of the crime in which you obtained the expungement.  However, there are exceptions:

1)      If you apply for public office, you must disclose the conviction on the application

2)      If you apply for a license by any state or local agency

3)      If you apply to work for the California State Lottery

8)      If during your probation you had conditions that you were unable to carry or own a firearm, are you able to have one once you receive an expungement?

No.   Even if a Judge grants you an expungement, you are still unable to own, possess or carry a firearm under Section 12021.

9)      I would like to ask a Judge for the expungement of my conviction.  How do I begin?

If you have successfully completed probation, we always recommend that you have your case expunged (if you are eligible).  Our office files a motion on your behalf to have your case reviewed by the Judge in the courthouse in which you received your conviction to review your request.  The motion needs to be filed with the Court and also given to the Prosecution (The City Attorney’s Office or The District Attorney’s Office) so they have time to review your request as well.  The Prosecution has the opportunity to tell the Judge that they oppose your request to have your case expunged.  This is why we feel it is essential to have an experienced law firm represent you to provide you with the best opportunity to have the Judge understand why you deserve to have your case expunged so he/she will grant your request.

Please contact the Law Offices of Jeffery K. Rubenstein at (310) 477-2100 to see how we can assist you with obtaining an expungement.

Author:            Susan Morris Haber, Esq.

Date:                 October 25, 2011

How to fight your DUI and Tips for avoiding a DUI

An article by criminal defense attorney and former prosecutor Jeffery Rubenstein

In order to fight or avoid a dui conviction you must first understand the legal process in plain English.  This article will do that for you.

Getting arrested for a DUI is a nightmare for every person who drinks at all and drives in any state.  This is especially true in cities like Los Angeles where the public transportation is slow, inconvenient, or non-existent.

Drinking alcohol is an integral part of our culture and so is driving.  When you combine the two, you are at risk of getting arrested for DUI.

Some of the largest advertising done is for cars and beer because these ads encourage people to buy cars and alcohol.  Why do we buy them?   The answer is obvious: to drive cars and to drink alcohol.   Of course the advertising companies never show people drinking alcohol and driving cars at the same time, that would be bad advertizing.  However, we all know that people do drink alcohol and then drive a car.

Because drinking alcohol and then driving a car is so common, driving under the influence of alcohol is often committed by ordinary, upstanding citizens who have never been in trouble before and more often than not, do not have a drinking problem.  This is because:

Drinking and driving IS NOT illegal.   In California, it is only illegal to drive either:

1.  While “under the influence of alcohol or drugs” (a violation of Vehicle Code Section 23152(A) ,

Driving Under the Influence means that someone is driving a car and the alcohol and/or drugs are  IMPAIRING your ability to safety operate a motor vehicle.

OR

2. Driving with a blood alcohol level of .08 percent or above.  (a violation of Vehicle Code Section 23152(B)

If you are driving with a level of .08 percent or more of alcohol in your system you are violating the law, even if you think you are capable of driving a car and do not feel impaired.

A.  If you are under 21 years of age, it is illegal to drive with any measurable amount of alcohol in your system  and is a violation of Vehicle Code Section  23136) Therefore, if a person is under the age of 21 and is driving with alcohol in one’s system, it is a separate offense to the laws against driving under the influence or driving with a .08% of alcohol in one’s body.   A person under the age of 21 who is driving and has 0.01 percent of alcohol in one’s system, that person can be charged with a DUI.

Under Vehicle Code Section 23152 (A), )  a person must be driving AND impaired regardless of how high or low your blood alcohol may be at the time the person is driving.  Some people are “lightweights” and may be impaired after drinking a half a glass of wine.  It is therefore possible to be arrested and charged with violating the law after drinking a half of a glass of wine and then driving a car.  Some people do not seem impaired no matter how much they drink, but driving under these circumstances is a  violation Vehicle Code Section 23152(B).

People can also be impaired by many things; for example, being tired, hungry (having low blood sugar), being sick or by taking medication.   None of these things are illegal in of themselves.   It may be negligent to drive while tired, hungry, or being sick, and this could subject you to being sued if you were in an accident.  However, being negligent while driving is not necessarily  a crime.  However, if you drink alcohol and are  tired or sick, you could be impaired to the point that you are unable to legally drive a car, even if your blood alcohol level is below a .08 percent.

Prosecutors are less likely to file a case if they have a case where the person driving has a blood alcohol level of less than .08 unless you are under the age of 21.  (In that case, it is illegal to drive with any measurable amount of alcohol at all The reason is because cases below .08 are harder to prove, unless you are in an accident with another car, damage property with your car, or hit another person while driving.

Taking drugs the drugs (even prescription medication) can impair your driving and you can be arrested and charged with DUI.  When we think of drugs we often think of illegal substances; but it is also unlawful to drive while under the influence of prescription drugs if they cause impairment.  Often people are arrested for driving after taking painkillers which  contain opiates such as Vicodin, Percocet, or Oxycontin (oxycodone).

Another type of drug that people take which can impair their ability to drive are drugs which contain Benzodiazepam, such as Valium, Ativan, and Xanax.   With the popularity of Ambien, , many people are being arrested for  DUI’s because they are impaired while driving. Taking prescription medication is not a crime. (Possesing prescription medication without a valid prescription is a crime.)  Tip: Always carry the prescription bottle or a prescription with you.   People often get in trouble for having pills in their pocket or a pill case or different prescriptions placed together in one bottle.

There are many prescription medications that can cause impairment, so it is important for you to read the warning labels  on your prescription bottle (.  “May cause drowsiness” or “Do not operate heavy machinery”.  Despite the fact that you may have not read the warning label, you are responsible for what you eat, drink, or put in your body.  Remember, a car is “heavy machinery”

A breathalyzer (breath test) cannot detect whether someone has taken medication or drugs, but if the police think you are under the influence of drugs and/or prescription medication they will often ask you to provide a urine or a blood test.   If you refuse a breath or blood test upon the request of law enforcement, your California Driver’s license will be suspended for a year. (This may also be the case in other states as well.

IMPAIRMENT:

How can police/law enforcement determine whether someone is impaired (that the alcohol he/she has drank has affected his/her ability to drive a car)?

1.   Bad driving”

1. “Bad driving” is usually when a person operating a car violates a law in the vehicle code such as

i.      Swerving

ii.      Straddling lanes (driving in between two lanes)

iii.      Failing to stop at a stop sign or a red light

iv.      Slow driving (slower than the flow of traffic)

v.      Fast driving (driving above the speed limit)

vi.      Unsafe lane changes

vii.      Driving with one’s headlights off when it is dark

viii.      Traffic accident (with another car or by hitting a light pole, wall, sign, etc.)

These violations give police Probable Cause to initiate a traffic stop.   Once law enforcement asks you to stop your vehicle by pulling over to the side of the road, the officer usually will approach  the driver’s side window of the car.  The officer is looking for:

1. Objective symptoms of Intoxication: some of which include:
   1. a.       The smell or odor of alcohol coming from your breath.
   2. b.       Blood-shot or watery eyes.
   3. c.       Slurred speech
   4. d.       Slow and deliberate speech
   5. e.       Disheveled appearance

Disorientationg.    Open container of an alcoholic beverage in the car

The police will then ask you several questions, including the following, “How much have you had to drink tonight?”   It is quite common for people who are questioned by police as to how much they have had to drink to say, “two beers”, “glass of wine”, or “I have had nothing to drink”  even if they have had much more.  The officers are aware that some people are untruthful about how much alcohol they have consumed because people are fearful of being arrested for driving under the influence of alcohol. 

If the police observe bad driving and objective symptoms of intoxication, they may have a reasonable suspicion to detain you for a DUI investigation.

INVESTIGATIVE PROCEDURES:

If the Police suspect you may be driving while intoxicated, they will ask you to “exit the vehicle”  which means ” get out of the car” and may then shine a pen light in your eyes and ask you to follow the pen from side to side.  The officer may be looking for one or more of the following:

1.         The condition of your eyes (Are they red, bloodshot, or watery?)

2.       Whether your eyeballs bounce (which means the presence of Horizontal gaze Nystagmus), which can be a sign of intoxication.

3.         The size of your pupils and how they react to light,(depending upon the size of your pupils and how they react to the light, the officer can make a determination as to whether you are under the influence of alcohol and/or drugs)

Officers commonly ask questions which seem to be standard, but in reality, the answers to these questions provide officers with information which will later assist them in evaluating whether they feel you are safely to drive a car.  Some of the questions they may as you are:

1.   When did you last eat and what?

2.    When did you last sleep and how much?

3.   Are you on any medication?  If so, what are you taking?

4. Are you under the care of a doctor?

5. Do you have any injuries?

6. Are you sick?

7.  where were you coming from before you were stopped by police?

8.  where were you going before you were stopped by police?

Next they will likely ask you to perform what are called “FST’s” which are pre-demonstrated, field sobriety tests.  This means the officer will perform them first and then have you do them.

IMPORTANT NOTE:   Field sobriety tests are NOT pass or fail test, they are used as a tool to make a subjective evaluation as to whether it is unsafe for you to drive a vehicle.

Officers may then ask you to perform one or more Field Sobriety Tests.  The officer explains the test.  If you don’t understand and he has to repeat himself, he will use this as a reason to further show you are mentally impaired due to the alcohol you have drank prior to driving. Many of these tests are difficult to perform even if you have not had one sip of alcohol and are not taking any medication which would make it difficult for you to complete the test as it is explained.

The common field sobriety tests may include one or more of the following:

1)      Horizontal Gaze Nystagmus Test:

The officer will place a pen or his/her finger about 12 to 15 inches away from your face and ask you to follow the object with your eyes while keeping your head still.  The purpose of the test is for the officer to see if your eyes are able to track the moving object and whether your eyes involuntarily move or “jerk” while trying to track the object.  An involuntary movement (“jerking”) of the eyes may be a sign that someone has consumed alcohol.  However, there are many people who have nystagmus, even if they have not consumed any alcohol.

2)      Walk and Turn:

The officer will ask you to take nine “heel to toe” steps along a line, turn, and then take nine “heel to toe” steps back.  He/She will first show you how to do the test by performing it himself/herself.  The officer is looking to see if you are able to follow instructions (taking the correct amount of steps while walking “heel to toe”), your ability to balance, whether you walk off the line on which you are walking, and whether you stop during the test.

3)      One Leg Stand:

The officer will ask you to stand with your heels together and your arms at your sides, and then raise one leg approximately 6 inches from the ground, and count to 30.  The test is designed to see if you are able to balance yourself on one leg without raising your arms for assistance, and to see if you sway, hop, or put your foot down during the test.

1)      There are other tests that some people are asked to perform during a DUI investigation: Finger to Nose Test:

You may be asked to stand with your feet together and your eyes closed while your arms are at your sides, and then take one hand at a time and touch your nose with your index finger.  The officer is looking to see if you sway or show any signs of impairment.

2)      Rhomberg Balance Test:

The officer may ask you to stand with your hands at your sides and your feet together and to close your eyes while tilting your head back and estimate 30 seconds.  Again, the officer is observing whether or not you are swaying, have eyelid tremors, and are able to follow instructions; all of which can be used to support the officer’s contention that you are impaired and are unable to safely operate a motor vehicle.

Although not as common, you may be asked to perform one of the following tests as well:

3)      Finger Count

4)      Hand Pat

5)      Alphabet Test

After they finish asking you to perform the Field Sobriety Tests,, the officers may ask you to blow into a handheld machine called a PAS device (Preliminary Alcohol Screening Device).  This device measures the amount of alcohol you have in your breath.  When you drink alcohol, your breath has a certain percentage of alcohol content in it that is approximately the same as the percentage that is in your blood, which is why the breath test is so commonly used.  It is a faster and easier way to find out the percentage of alcohol in someone’s system and helps officers further determine if there is probable cause to detain you.

If the results show that your breath alcohol content is a .07 or below, this may be enough for the officers to decide not to arrest you.   If you have a .08, .09, or.10, breath alcohol content, they will probably take you to the station after they have completed the rest of their investigation to take a breath test on the machine at the station (called an intoximeter).   (In defending a case, we as your attorney request the calibration logs and service records as a way of fighting DUI’s.  Both the PAS and the Intoximeter machines need to be maintained and serviced properly and regularly. If they are not, this can create errors to the results.)   As technology has advanced, these machines are more and more reliable and less susceptible to error.

It is now permissible for both the Preliminary Alcohol Screening Device (called the PAS device) results as well as the Intoximeter results (commonly called the “breath test” which is performed at the police station) to be admissible in court as evidence as to what your level of intoxication was at the time the test was performed. Although it is dangerous to be impaired and drive a car while you are impaired from either drinking alcohol or taking drugs and/or prescribed medication, there are many people who are arrested for driving under the influence and are not impaired.  Our educated and knowledgeable legal team is available to assist you to zealously defend you if you have been arrested for DUI.

Super-EXPENSIVE Car

Rapper Flo Rida — the guy behind the smash hit, “Low” — was busted for drunk driving in Miami Beach this morning in one of the most expensive cars on the planet!!!!

Law enforcement sources say … 31-year-old Flo Rida was driving around in his red and black 2008 Bugatti – valued around $1.7 million — when cops observed the rapper swerving in his lane and pulled him over around 3:30 AM.

During the stop, cops detected the odor of alcohol — so Flo was given a field sobriety test … and didn’t perform very well.
Flo — real name Tramar Dillard — was arrested on suspicion of DUI and taken to a

nearby station where he is currently being booked.

Story: TMZ

Celebrity DUI Attorney

Apple to Nix Apps That Tip off Drunk Drivers

After pressure from four U.S. senators, Apple Inc. has said it will start rejecting iPhone applications that tip drivers off about police checkpoints for drunken driving.

Apple updated its app developer guidelines Wednesday to exclude such apps. On Thursday, some DUI apps were still available in the App Store, but Apple usually gives developers a chance to update their apps so they can conform to the new guidelines before booting them.

story: ABC News

Los Angeles DUI Attorney

The night Rick Springfield was arrested for drunk driving, the singer allegedly threatened to kill a sheriff’s deputy and his family, a detail that was not included in the arrest record, a report said Monday.

The “Jessie’s Girl” singer was arrested in Malibu earlier this month after deputies saw him make “a maneuver away from the light” that prompted law enforcement to pull him over in his 1963 Corvette.

Deputies said they smelled alcohol on his breath and when Springfield was given a breathalyzer test, his blood alcohol level was 0.10%, which exceeds the California legal limit of 0.08%.

Story: latimes.com