By Dale Gribow
To say Justin Bieber is having “some issues” is a gross understatement. He is fortunate this DUI incident occurred in Miami, Florida rather than California. The Bieb was arrested in Florida for a DUI, not cooperating with the police and drag racing. Two of his “henchman” were blocking off the streets so there would be no traffic. There is some indication his dad was involved or at least he was there and aware of this. One questions where his parents have been for the last few years. The Biebs actions are those of a “teen punk” who had no parental supervision growing up.
Bieber admitted to smoking MJ and taking RX pills that “his mother” gave him. Whether the drugs were prescribed or not it is still illegal to drive under the influence of a drug. When Bieber mixed alcohol and a drug it created “Potentiation” which would make Bieber much more under the influence with his Breath test results level than he would have been without the drugs. In California Bieber would be filed upon for Driving under the “COMBINED” influence of Alcohol and a Drug. But we are dealing with Florida law which is a little different.
If Bieber were arrested for a DUI in California he would have an immediate driver license suspension for a year as a result of the ZERO TOLERANCE LAW. In other words a minor cannot have any alcohol in his/her system. The California Vehicle Code Section 23136 discusses persons under 21. In Florida the suspension is only for 6 months and the California DMV would probably follow this ruling.
Just as with adults, there are 2 separate proceedings that are initiated by a DUI arrest……the court and the DMV.
The California DMV is required to suspend or revoke the driving privilege of any person under 21 who was detained and or arrested for driving under the influence of alcohol or a combination of alcohol and drugs who:
Takes a preliminary alcohol screening (PAS) test or a chemical test (blood) with a Blood alcohol content of .01% or more … or
Refuses to take, or fails to complete a PAS or other chemical test.
When this occurs the officer gives the arrestee a suspension/revocation order and a pink piece of paper which is a temporary license to drive for 30 days….IF the driver had a valid California driver’s license. If the person stopped had a valid license the officer takes it under the “stop and snatch” law and sends it to Sacramento to be destroyed. The pink temporary driver’s license is valid for 30 days from the issue date. At the end of the 30 days the suspension/revocation action goes into effect and the license for an adult is gone for 4-5 months.
A minor in California, like an adult, has 10 days to request an administrative hearing and his attorney can request a STAY or freeze on the suspension until after the DMV hearing’s results are received. However we are following Florida law and thus Bieber should have his license suspended for 6 months…however he will be on probation and I suspect his neighbors in Calabasas are probably likely to report him for any “unneighborly” activity like that which has occurred in the last year.
Bieber has been on a roll with spitting on a photographer, allegedly throwing eggs at a neighbor’s home causing $20,000 in property damage and drag racing down the neighborhood streets. His neighbors hate him and are likely to report him for any future indiscretions. These lapses of good judgment in the past were no big deal but being on probation he is more likely to be prosecuted for these minor “childish acts”.
Because he has no relationship with his neighbors I would suspect if they saw him driving they might report him to the local police who might cite him thus causing him to come to the attention of DMV. In the alternative some California DMV employee might take it upon themselves to order Bieber to get a California license since he lives in California and NOT GEORGIA.
The Zero tolerance suspension for a minor like Bieber is independent of any other DMV adverse action or any jail, fine or other criminal penalty imposed in court if Bieber were convicted of the DUI offense in California. In California he would have to attend DUI classes and possibly attend AA classes.
LET’S SEE HOW FLORIDA HANDLES THIS CELEBRITY VIP DUI CASE FOR A MINOR.
When you drink, don’t pull a Bieber and get behind the wheel: DON’T DRINK AND DRIVE, CALL A TAXI………IT IS A LOT CHEAPER THAN HIRING ME!
Dale Gribow has been “Rated” TOP LAWYER by Palm Springs Life Magazine from 2011-2014 and has a Superb AVVO Legal Rating by his fellow attorneys. Dale Gribow has been Man of the Year 7 times including the City of Palm Desert and the City of Hope and Dale Gribow Day has been declared 4 times. He is the only attorney appointed in December 2013 to the Coachella Valley Association of Government’s Public Safety Ad Hoc Blue Ribbon Committee addressing Drunk Driving. This group consists of the police chiefs from every city and the mayor of each city as well as the Sheriff of Riverside County and the head of the CHP and Border Patrol. In addition Gribow is the only attorney asked to be part of the Clinton Foundation’s Clinton Health Matters Committee addressing Drunk Driving. Gribow is also one of the founders of Shutdown Drunk Driving formed upon the death of his client who was killed by a drunk driver while jogging recently.
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow Attorney at Law at his NEW number 760 837 7500 and or his new email: dale@dalegribowlaw.com
