Actor Kevin Hart Pulled Over for DUI

On April 14, at approximately 4:30 a.m., actor and comedian Kevin Hart was pulled over by Police in Los Angeles on the 101 Freeway. According to the Police report, Officers observed Mr. Hart driving erratically, swerving in and out of lanes at ninety miles per hour. Police pulled over Mr. Hart in his black Mercedes-Benz after he nearly collided with a gas tanker truck.

According to Police, Mr. Hart was visibly intoxicated and failed the field sobriety tests.

Mr. Hart “tweeted” “When the cop asked me to take the sobriety test I said ‘Why waste our time. I’m drunk man.’”

Mr. Hart was arrested on misdemeanor DUI charges and held on a $5000 bond.

Mr. Hart later said, “Drinking and driving is not a game or a laughing matter. This is a wake up call for me, I have to be smarter and last night I wasn’t.”

According to Arizona Revised Statute 28-3511, if you are legally stopped or arrested for DUI, the Officer may impound your vehicle for up to thirty days. Under Arizona law, to impound your vehicle, the Police Officer must have evidence that you are under the age of twenty-one and driving with any amount of alcohol in your system or over the age of twenty-one and driving with a blood alcohol content above .15.

As evidence, an Officer may rely on the underage driver’s admission that he/she was DUI.  Also, a Breathalyzer test that results in a reading of .15 or above is sufficient evidence to impound the driver’s vehicle. Blood results with a BAC content of .15 is also sufficient evidence that may result in vehicle impoundment.

If you are not the legal owner of the vehicle, Officers cannot impound the vehicle for thirty days.

Additionally, if you meet ALL of the following criteria, an Officer will not impound your vehicle:

(1)  Your vehicle’s registration is current.

(2)  Your vehicle has current, valid insurance.

(3)  The driver’s spouse is present at the time of the arrest.

(4)  The driver’s spouse has a valid driver’s license.

(5)  The driver’s spouse is not impaired.

(6)  The driver’s spouse tells Police he/she will take the vehicle home.

(7)  The driver’s spouse obeys all traffic laws while in control of the vehicle.

Finally, if your vehicle has been legally impounded, you are the sole owner of the vehicle and cannot demonstrate any undue hardship as a result of not having your vehicle, you will not be able to get your vehicle back prior to the end of the thirty day impoundment period.

If on the other hand, you meet one of the following criteria, you may be able to get your vehicle back prior to the end of the thirty-day impoundment period:

(1)  The vehicle is stolen.

(2)  The vehicle is driven by an employee of a business establishment while subject to bailment.

(3)  The vehicle was impounded strictly because of a suspended license and you provide proof of license reinstatement.

(4)  The vehicle is registered and insured as a rental and the owner of the rental vehicle was not the one charged with DUI.

(5)  The vehicle owner’s spouse agrees not to allow anyone without a license to operate the vehicle and agrees that there will be no early release for a second impoundment.

(6)  The vehicle may be released to a licensed financial institution with a security interest in the car.

(7)  A person provides the tow yard with proof of the right to repossess the vehicle.

If you have been arrested for DUI and your vehicle has been impounded, contact the drunk driving attorneys at Oracle Law Group Office P.C. The drunk driving attorneys at the law firm Oracle Law Group Office P.C. will fight hard to protect your rights.