Driver Arrested on Suspicion of DUI After Stopping Car on 405 Freeway

April 29, 2010

An unusual intoxicated driving arrest caught the attention of our Long Beach DUI criminal defense attorneys. According to an April 27 article in the Orange County Register, a North Hills man was arrested that day after police found him unresponsive in a stopped car sitting in the southbound lanes of Interstate 405. Kent Lespravsky, 37, was unresponsive when officers arrived, then refused to cooperate and leave the vehicle. The incident caused police to block three lanes of the freeway for safety reasons, triggering backups that reached all the way into Los Angeles County from the site near the Seal Beach Boulevard exit.

CHP officers were driving through the area when they found Lespravsky's Toyota stalled in the number-three lane of the freeway. They stopped to check on him, but originally found him unresponsive and said he seemed sedated. The officers then tried to move Lespravsky out of the car, but he "became combative," according to a CHP spokesperson, and officers used a Taser-like device to subdue him. Paramedics who were called to the scene also helped to sedate him, the article said. He was then transported to Los Alamitos Medical Center for treatment of bruises to his head; the CHP said they weren't sure how he was bruised. A CHP officer was injured as well. Lespravsky was arrested for suspicion of DUI, assault on an officer and disobeying a lawful order. The freeway was cleared by 12:39 p.m.

As Anaheim drunk driving criminal defense lawyers, we hope the officers obtain a blood test before they go through with the DUI charge against Lespravsky. If he was under the influence of drugs, as the article suggests, prosecutors will need to show that he was actually under the influence -- meaning so drugged that he couldn't operate a vehicle normally or safely. There's no legal limit in cases of drugged driving, which is both good and bad for defendants charged with this type of DUI. Prosecutors may try to argue that the presence of any intoxicating drug in the defendant's blood is enough to impair him or her, but an experienced attorney can and should fight that presumption. The important question is whether the driver was impaired by any drug. It's also worth noting that Lespravsky may only have fought the officers because he was woken from sleep and confused -- not because he intended to disobey them.

Howard Law, P.C. defends drivers accused of driving under the influence of alcohol, drugs or both in California. People accused of DUI in California should take the matter very seriously, because the justice system does. Drivers in these cases lose their licenses immediately, and have just ten days to request a DMV hearing before they lose their right to appeal the license suspension. This is entirely separate from the court cases at which defendants face jail or probation, steep fines, alcohol classes, community service and other penalties. In our experience as Diamond Bar intoxicated driving criminal defense lawyers, most drivers can't afford these costs, or the work-related problems that come from losing a driver's license. Nor can they afford the steep increase in auto insurance premiums that typically comes after a DUI conviction.

If you're charged with driving under the influence of drugs or alcohol, don't wait before calling Howard Law, P.C. for help. To set up a free, confidential evaluation of your case, call us toll-free at 1-800-872-5925 or contact us through the Internet.