By Editor
Kiefer Sutherland, who was jailed nearly two months ago for violating a DUI probation by, you guessed it, driving under the influence again, was released yesterday from the Los Angeles County jail.
Sutherland had pleaded no contest to having a blood alcohol level above the legal limit of 0.08, which netted him 30 days in the clink, plus another 18 for the violation of probation.
However, the production of the hit TV show “24,” which features Sutherland as inimitable and intimidating special agent Jack Bauer, has been halted due to the Writer’s Guild of America’s writer’s strike.
By Editor
After we get through the holiday season, we’ll be done with another year here at Total DUI.
Enjoy two of our recent roundup articles, exclusive to Total DUI.
Ever hear that those who can’t do teach? How about a twist on this old saying: those who DUI, teach?
And who could forget those celebrities who have shared this year with us?
Read about Michelle Rodriguez, Kiefer Sutherland and Lindsay Lohan in the top 10 celebrity DUI arrests of 2007.
By Guest Attorney
Lea Anna Cooper suggests, on the American Chronicle Web site, that Kiefer Sutherland may face double jeopardy when tried for his recent DUI charges. Her claim of double jeopardy is simply a misunderstanding of DUI law.
Sutherland, star of the controversial hit show “24,” was arrested in September and charged with driving with a blood alcohol level (BAC) above 0.08 percent and driving under the influence.
Cooper asserts that the two charges against Sutherland would amount to “double jeopardy.” Strangely, Cooper also reprints portions of a California criminal case that explains how she misunderstands DUI law, People v. Cosko, 152 Cal. App. 3d 54, 199 Cal. Rptr. 289 (1984).
As Cosko explains, Sutherland has been charged with two crimes; one is a “lesser included offense” of the other. In other words, the charge of driving with a BAC above 0.08 percent includes the elements of the misdemeanor charge of driving under the influence plus the element of having a blood alcohol level above 0.08 percent.
Cosko points out that a prosecutor has the right to charge a defendant with a crime and lesser included offenses to assure that she gets a conviction. A court cannot, however, actually convict a defendant of both the charged offense and the lesser included offenses.
Sutherland does actually face revocation of his probation stemming from his plea to driving under the influence in 2004. He was sentenced to 60 months probation and could now face up to 18 months in jail for violating his probation. However, it is very unlikely he will see any more than the 96 hours in jail required under California DUI law.
By Guest Attorney
Kiefer Sutherland, star of the controversial hit show ‘24’, faces up to 18 months in prison after being charged with DUI and violating his probation from a 2004 DUI.
The L.A. Times reports that Sutherland was arrested for driving with a blood alcohol level (BAC) over the 0.08 percent legal limit for DUI in California. A Los Angeles City Attorney’s spokesman said prosecutors would seek to revoke Sutherland’s probation stemming from his 2004 plea to DUI.
The actor faces a year in jail if convicted on this new DUI charge plus six months for violating his probation. At the least, if convicted under California DUI law, Sutherland would have to serve a minimum of 96 hours in jail.