When it comes to DUI/DWI’s, the best idea is to never get behind the
wheel while you are under the influence. However, should you be
arrested, getting an attorney to handle your case properly, along with
not repeating actions, can save you lots of time and money. Further,
having an attorney to make sure you follow any court sanctions is in
your best interests. A simple DUI/DWI can, in most cases, be
relatively quick to deal with. Yet continued disregard for the legal
system, like the actions of Ms. Lohan, can impact your life for years
to come.

Orlando Bloom

Lindsay Lohan’s out of rehab, but she still has to face hit and run charges stemming from her collision with a tree last Memorial Day. Lindsay was also charged with DUI – and cocaine was allegedly discovered in the car, as well. Lindsay was filmed running from the scene by paparazzi ….

Britney Spears was charged with hit and run on Monday, after she bumped her convertible Mercedes into another vehicle while she was parking the car. Paparazzi caught the entire episode — including Britney checking her car for damage, but not the victim’s, before going on her merry way — on video.

Okay, what’s up with these hit and run charges – and who should be most worried?

Hit and run – more formally known as leaving the scene of an accident – is illegal in every state, although each state treats the crime a bit differently. Some generalities do apply across the board, however:

1. If someone is injured and you leave the scene of an accident, then you’re gonna be facing incarceration in prison or jail as well as a substantial monetary fine. Not good news for Orlando Bloom: California law provides for up to 4 years imprisonment and a $10,000 fine. Good news for Orlando: no harm, no foul: the paparazzi trail also demonstrates that Orlando was on the scene, did try to help his friend, and gave a report to the cops. He was not arrested or charged at the time. The intent of the law is to commit people to do exactly what Orlando did – stick around and help. Smart Orlando.

2. If someone could have been injured, ditto. You need to stick around — the law isn’t going to distinguish too much on protecting potential victims just because you lucked out and no one was hurt. Lindsay Lohan didn’t hurt anyone in her crash, but she could have. There were passengers in her car. Running away – not the best move.  Of the three celebritites, Lindsay’s got the biggest problems here.

3. Injuring property is the least offensive result of a hit and run, and receives the lightest treatment under the law. Britney Spears’ fender bender in the parking lot may have hurt the parked car, but there wasn’t a chance that humans were going to be harmed in this incident. Britney’s biggest problem here is knowingly driving without a valid California license in this instance.

If you are in a car crash, do not leave the scene. Even if it’s minor and seems like a hassle, stick around, get the cops, and make a police report. If you have to be someplace – you’re late for brain surgery, say – then leave a note on the car giving all your contact information and include the reason why you couldn’t stick around. The courts do not see this as an admission against interest on your part, nor is it deemed to be a violation of your constitutional right against self-incrimination. Nice try, though, if you thought of that….

Can they win, or is this a publicity stunt?  And, what can they get? 

Access Hollywood has interviewed their attorney, who explains that they are entering into pre-suit mediation before actual lawsuits are filed at the courthouse.  

Sure, they sound publicity-hungry.  But their lawyer sure sounds confident that he’s got a good case, in lawyer-lingo. 

Right out of the gate, he’s listed three causes of action that are being pursued:  (1) conversion (LiLo allegedly taking the GMC Denali without permission); (2) false imprisonment (LiLo allegedly not letting the guys out of the vehicle when they asked – excluding Blake, who jumped out); and (3) intentional infliction of emotional distress (LiLo allegedly causing the guys to fear serious injury or death as she allegedly sped along, at high speeds, bumper-car style, obviously under the influence).   Note:  all the “allegedlys” are there for a reason, nothing’s proven yet…..

All of these are intentional torts — Lindsay Lohan’s intent must be proven — and if they succeed, then these defendants can get punitive (big money) damages, even if they have not suffered any serious, actual harm. 

Why?  Punitive damages exist for the purpose of punishing the wrongdoer and discouraging others from acting in the same manner in the future.     If this case were to get to a jury, punitive damages would be focused upon Lindsay Lohan’s actions – not the minor injuries to the boys. 

The right jury could decide to make LiLo an example …..

Whether or not any big dollar judgment could be collected is another story.  Given the horrific reviews of Lindsay Lohan’s latest movie, I Know Who Killed Me, settling their claims early may be a really smart move for everyone involved.

I’m predicting a settlement will be announced, details kept confidential as a part of the deal.�

Then, LiLo gets released on bail, gets thrown into another rehab facility (you can bet that her attorney insisted upon this), and e-mails Billy Bush of Access Hollywood to report that she’s “innocent” and wants everyone to “respect her privacy.” Innocent? Right.

Meanwhile, her dad is busy making money doing TV interviews and her mom is not rushing to help – compare this to Kathy Hilton – and her pals are telling the media that they are afraid Lindsay Lohan may harm herself. 

Harm herself?  What do you think she’s been doing for months now? The Washington Post has compiled a nice timeline of LiLo’s self-destruction.

Will she do jail time? Yes, here’s why.

First, she’s facing these charges: (1) 6 months for each DUI; (2) 6 months for hit and run; (3) driving with a suspended license, 1 year maximum and mandatory 10 days; and the biggie, (4) possession of cocaine, 3 year maximum.  The transport charge probably won’t hold.

Lindsay has committed a second crime now, piling one felony on top of another.   This takes it out of a short stay in the local jail (think Paris Hilton) to longer time in a real-life prison facility.   Even if her lawyers argue that there’s not a second crime, but merely a second offense (lawyerese here), Lindsay’s still tallied up mandatory jail time - and this second offense argument is very weak. 

Add to this her Blood Alchohol Level of .012 or .013 on Tuesday, when California holds .08 to be legally drunk, and things look really bad.  It’ll be even worse if facts reveal cocaine in her system at the time of the second bust. 

Lindsay Lohan will do jail time.  No doubt about it.  The only question is how good a plea bargain her lawyers can get her. 

How much time?  Too soon to tell.  Could be a short stay – say 30 days – followed by a long-term mandatory participation in a court-selected rehab facility.  However, it could be a period of years – that’s within the judge’s perogative at this point. 

It’s a sad, sad story: Lindsay’s cornered herself into a bad place with no easy way out.  �

Paris Hilton

Lindsay Lohan announced last Thursday that she is extending her stay in rehab.   Meanwhile, MTV reports that American Apparel is selling hoodies like the one Lindsay was wearing, passed out in the front seat of her car, by using the paparrazi photo we’ve all seen with zonked Lohan’s mouth hanging open.   Get one for $40.00.

Britney Spears’ album has been shelved for now; fans are being told to wait until 2008.  Photos are still appearing of Britney seriously unclothed, and rumors continue of her heavy drinking. 

Do any of these three have any reputation left to damage under the law?

Under the law, a person’s reputation is something used as evidence.  It’s a definite thing — something that can be injured and thereafter awarded money as compensation for the harm — but what exactly does “reputation” mean? 

It’s character.  It’s the general opinion of others about the individual.  It’s proven by having people take the stand and give factual examples of the individual, subject to certain legal criteria.   

And, yep:  sometimes, a person’s reputation in an area can be so bad it can’t be harmed.  They’re considered libel-proof. 

Over a year ago, lawyers were debating whether or not Britney Spears was libel-proof.  And, that was before the K-Fed divorce.   Of course, recently Spears’ threat of a lawsuit did force the “NutJobs” billboards in LA to come down. 

In answer to the question, yes.  All three probably still have a reputation that can be legally protected.  However, it’s getting to be a closer call with each TMZ.COM posting. 

What is past debate is the fact that all three have seriously endangered their legal reputations with their various media antics over the past couple of years.  Remember when Britney was a cute, teen pop star?  Remember Lindsay in The Parent Trap?  

Injuring your own reputation isn’t legally compensated.  They can’t sue themselves for screwing up their public personas.  If they could, they’ve have quite a good case.

And, you’ve probably chuckled at last week’s photos of Paris Hilton carrying a Bible and the book The Power of Now.  

Paris is already going to jail.  

From reports that Lindsay’s lawyer escorted her back to rehab admist rumors circulating that a “usuable amount” of cocaine had been found in Lindsay Lohan’s car as well as gossip that she’d been drinking over the holiday – well, it’s a big hint to criminal defense attorneys that Lindsay‘s attorneys are concerned about the possibility of jail time.  Lindsay‘s arrest on Saturday was for suspicion of driving under the influence,  what happens on the cocaine discovery is an open question right now. 

What does this mean to you?  Who’s in the worst position right now – Paris or Lindsay?

Short term, I’d say Paris Hilton.   She’s definitely going to jail – and soon.  Jail time is jail time: to stand inside a cell when those doors close is a Major Life Event.  For someone like Paris Hilton, well — it will be interesting to see if she is changed by the experience.

Long term, I say Lindsay Lohan.  Sure, she’s tucked away in rehab right now for 30 days.  However, additional charges can still be brought against her: first, it was a crime to leave the scene of an accident, although her defense is she had to leave to get emergency medical treatment.  Second, the cocaine possession issue hinges on the amount that was found.  If it’s found to be a “sellable” amount, it’s more serious than a smaller “usable” amount.  Third, her Blood Alcohol Content will be found in the medical records.  If opiates as well as illegal alcohol limits are shown, she could face more charges.

However, Lindsay Lohan has no prior convictions; she has voluntarily entered rehab; and no one got hurt in the accident – expect for the pole and some landscaping, maybe.   Even if additional charges are filed, Lindsay will probably not face jail time on this event. 

Her biggest long term harm is probably to her career.  Her insurability as a reliable actress has been ruined, and she will have to prove herself in the future in order to get that back.

Bottom line:  Paris will have to spend time in jail.  That’s horrible for anyone.  But Lindsay’s career has blown up – and that’s a tremendous loss. 

What does this mean to you?  You don’t have to have repeat DUIs or severe car accidents to have a big, bad impact on your life.  A single DUI or DWI conviction can not only impact your pocketbook (rates skyrocket), but it can impact your job, your relationships, and your future for a long, long time.�

It’s safe to assume that anyone reading this post knows MySpace.  For those few grandmas and coma victims who don’t, MySpace (in 25 words or less) is a social-networking web site – ”a place for friends” — where you can share blogs, pix, music, videos, and personal info with anyone, anywhere in the world.  MySpace is the 5th most popular website of all sites, regardless of language.  And, it’s growing: every day the site gets bigger.

For example, the buzz is that later today, Mark Burnett (the Survivor guy) will announce a new reality TV/Internet collaboration, where anyone wishing to run for president in 2008 can post a video on MySpace.  Anyone.  Of course, the 100,000,000+ MySpace users can then discuss the video candidates amongst themselves, and all of this criss-crosses into the reality series.

Sounds like a great use of the web, right?  Just like the news stories of people seeking to adopt babies via MySpace,  or MySpace’s Are You The Next John Woo?  contest.   Before you say yes, let’s check with Paris Hilton, Lindsay Lohan, and some guy in Chattanooga. 

This morning, Paris Hilton and Lindsay Lohan are dealing with having their personal contact info posted on MySpace by Shanna Moakler.  This doesn’t just happen to famous folk: a Tennessee man wishing to remain anonymous reported to police that a fake MySpace page was created in his name, with all his personal info listed on it.  Whoever did this also sent some nasty messages to several of this guy’s female friends.  Imagine the clean-up there.

In Pennsylvania, a high school principal is suing several students who set up a fake MySpace page in his name.  Over in Minnesota, a high school teacher is suing for defamation based upon a fake MySpace page.  An assistant principal in Texas is also suing for defamation because of a phoney MySpace page.  The list goes on.

So, what does this mean to you?  Well, if you are a victim of false information placed upon the web, either on a MySpace page or elsewhere, you may have a legal cause of action.  You may be able to sue the person responsible for significant damages.   For Paris Hilton and Lindsay Lohan, releasing their personal, private information is an invasion of privacy and may even constitute theft, tortious interference, and other serious civil wrongs.   However, it does not appear that Ms. Moakler published false information about them, so they cannot allege she has defamed them.

The school authorities can.  The principal, ass’t principal, and teachers have all had false information placed upon one of the most popular websites in the world.   Their lawsuits are valid, and their likelihood of success, high.   Why?

As shown at Wex, defamation is “[a]ny statement, whether written or oral, that injures a third party’s reputation. See, e.g. Buckley v. Fitzsimmons, 509 U.S. 259 (1993).”  For the school folk, the defamation involves libel.  Again, from Wex:  libel is “[f]alse words, which damage another person’s reputation or good character and are conveyed in a lasting manner, especially writing. See e.g. New York Times Co. v. Sullivan, 376 U.S. 254 (1964).”

Publication on MySpace sure sounds like conveying something in a lasting manner to me.

If you have any questions about what the propriety of MySpace content, or about defamation in general, please feel free to contact me. �