Los Angeles DUI Attorney Blog

Gabe Pruitt, the Boston Celtics guard who was arrested back in February for DUI in Los Angeles, has signed a contract with the New York Knicks. Pruitt's arrest on February 26 provoked great discussion at the time. According to an AP report, police pulled Pruitt over after he stopped his car at a green light. Pruitt was also driving with “dark tinted windows,” which are not legal in California. The LA native and USC grad failed a roadside sobriety test. Consequentially, the Celtics suspended him for two games.

Sports figures arrested in Hollywood for driving under the influence often turn to an experienced Southern California DUI attorney to navigate the legal system. This makes good sense. After all, while non-specialized attorneys can handle some aspects of DUI defense, the law can be tricky and subtle. It often takes years for lawyers to develop the knowledge necessary to build smart defenses for their clients.

The AP report on Pruitt’s arrest said he “failed a sobriety test.” What kinds of examinations constitute a typical Los Angeles DUI sobriety test?

Rhomberg Test

A driver leans his head backwards and counts up to thirty. Intoxicated suspects tend to lose their balance and fall over after being distracted by the task of counting.

Walk the Line

A driver must walk nine paces in two directions across a marked line. If he steps off the line, the police may suspect him of intoxication.

One Leg Stand

A driver is asked to stand on one foot for half a minute. If he or she falls over, intoxication may be suspected.

Finger to the Nose

This is a coordination test. A driver closes his eyes and then touches the tip of his nose after extending his arms.

Horizontal Gaze Nystagmus

A driver is asked to follow a moving object from left to right and then back again. Intoxicated drivers may have a difficult time following the stimulus.

Just because a driver fails any one of these tests (or even all of them) does NOT mean that he or she is legally intoxicated. (Conversely, just because someone passes all tests doesn’t mean that he or she is sober, either.) Numerous factors can influence the performance, such as fatigue, anxiety/ stress, underlying health conditions, general disposition, personality, and so on. If you failed a roadside sobriety test in Los Angeles, it makes a lot of sense to connect with an attorney who knows how to challenge the validity of these results. Attorney Michael Kraut of Kraut Law Group spent fourteen years as a Deputy District Attorney for the city of Los Angeles prosecuting Southern California DUI cases similar to yours. Now as operating as a criminal defense lawyer, Attorney Kraut brings to bear a deep understanding of how prosecutors work to cultivate arguments and strategies that get his clients results.

Continue reading " Celtics Guard Who Had Been Arrested For Los Angeles DUI in February Signs with New York Knicks " »

Ronald Belisario entered a plea of not guilty on Thursday August 27th in response to a charge of misdemeanor Southern California DUI. Belisario was arrested two months ago, after CHP officers saw him speaking on the cell phone while driving (which is, in and of itself, a violation of CA law). The Los Angeles Times reported that the police “observed the symptoms of possible alcohol intoxication." Just prior to his arrest, Belisario had helped the Dodgers triumph over Seattle Mariners by pitching a scoreless ninth inning. The Venezuela native was released after making a bail of five thousand dollars; his pre-trial hearing is set for October.

While a top caliber Southern California DUI defense lawyer can develop and deliver powerful defenses for misdemeanor DUI suspects like Belisario, such cases are often delicate, as they are tried simultaneously in the California court system and in the court of public opinion.

That said, even in situations in which the evidence at first glance appears to support the prosecution overwhelmingly, defenses can be found. For instance, consider the blood test -- one of the DUI prosecutor's most potent weapons. Blood tests are more reliable than other tests, like breathalyzers and field sobriety tests. But they are by no means flawless.

An array of objections can be made, including but not limited to:

• Perhaps the technician who took the sample was not qualified.
• Perhaps the sample was not stored, transported, or tested correctly.
• Perhaps the test was performed correctly but officer bias skewed the results.
• Perhaps the officer used alcohol on the skin of a suspect, and that alcohol contaminated the sample.
• Perhaps the sample got mixed up with someone else's.

All these situations can result in unjust and unfair Los Angeles DUI convictions. To challenge the evidence effectively, however, you likely need a veteran lawyer who has practical experience with hundreds of similar cases. Many Southern California DUI defendants trust attorney Michael Kraut. Attorney Kraut spent nearly a decade and a half as a DUI prosecutor before switching to become a criminal defense attorney. Very few other attorneys – even experienced criminal defense lawyers - have that kind of experience from the other side. Attorney Kraut leverages his knowledge of procedures and common prosecutorial arguments to best effect for his clients.

Continue reading " Dodgers Pitcher Pleads Not Guilty to Southern California DUI " »

Not all celebrity sports arrests are for driving under the influence in Southern California. According to an AP report, on August 26, Billy Gillispie, a former basketball coach for the Kentucky Wildcats, was pulled over for DUI in Louisville for "driving erratically." The arresting officer reported that the coach had insisted that he had been out "golfing," even though it was 2:45 a.m. at the time. Gillispie was released Thursday morning on his own recognizance. This was Gillispie's third arrest for DUI, and the incident marks another unfortunate turn for the coach, who had been battling fan criticism about his performance.

A savvy Southern California DUI attorney might have advised Gillispie to be more prudent with respect to his statements to police. Often, making incongruous statements -- such as claiming to be on the way to play golf at three in the morning -- can greatly complicate one's DUI defense.

If you're arrested and convicted of driving under the influence in Los Angeles three or more times within a 10 year period, the consequences can be dire. At minimum, you face 120 days of jail time -- approximately 4 months. At maximum, you face a full year behind bars. Third time offenders also face a year and a half of alcohol school (at minimum), a driver's license suspension of three years (with no chance to get a restrictive license), and steep fines and court costs. If your case is more complicated -- for instance, if your BAC level was extraordinarily high or if you caused injuries -- you could be charged with a felony, which carries much stricter minimums.

Whether this is your first arrest for DUI in Southern California or your third, it likely behooves you to retain a top-notch area attorney. Attorney Michael Kraut of the Kraut Law Group can deliver. Attorney Kraut boasts extensive training. As a Harvard Law School grad and former prosecutor who's tried dozens of Los Angeles DUI cases from the other side, Attorney Kraut knows how to win hard arguments and build smart and efficient defense strategies.

Continue reading " A Kentucky DUI This Time -- Not a Los Angeles DUI -- for Celebrity Basketball Coach " »

Mike Pihl, one of the featured loggers on the History Channel's hit reality series, "Ax Men," has been arrested in an incident that's intrigued people who follow celebrity and Los Angeles DUI cases. According to reports, Pihl drove a jeep with three children inside into a ditch. The vehicle flipped over three times. None of the children inside -- all of whom were under five years of age -- had been wearing seatbelts. Reportedly, one child sustained fairly serious injuries.

Oregon police did not arrest Pihl for driving under the influence -- not because they didn't suspect that alcohol was involved -- but because Pihl had been driving on private property (his own driveway). Nevertheless, police did charge him with reckless endangerment and assault.

Even with a strong and seasoned Los Angeles DUI attorney on your side, if you've been charged with driving under the influence with children in your car, you may face extremely aggressive treatment from prosecutors.

According to California Vehicle Code Section 23153(a), prosecutors can elevate what would otherwise be a standard misdemeanor DUI charge to a felony DUI charge, if another person or persons suffered injuries. Furthermore, according to California Vehicle Code Section 23153(b), if someone drives with a BAC of greater than 0.08% and then violates the law and causes injury, the Los Angeles DUI offender can face an array of punishments, including jail time, steep court costs and fines, and driver's license suspension.

All that said, the law is not without subtlety. If you can prove, for instance, that you didn't violate any traffic laws, you may be able to negotiate a felony down to a misdemeanor, even if you had been DUI and you did cause injury to another person.

To make your best case, however, you likely need to retain an experienced lawyer. Attorney Michael Kraut of the Kraut Law Group spent many years working as a Deputy District Attorney for the city of Los Angeles. In that role, he prosecuted dozens of DUI cases. Having switched to representing DUI defendants, Attorney Kraut brings his wealth of prosecutorial knowledge to bear on every DUI defense he crafts. He gets results because he's intimately familiar with the system and knows what kinds of arguments and strategies to employ.

Continue reading " Reality TV Star Arrested -- not for Southern California DUI -- but for Something Close " »

A local Fox TV affiliate has reported that reality TV star and former MLB pitcher Matt Keough was pulled over for driving under the influence in Southern California after running a stop sign in his gated community. Keough played Major League Baseball in the late ‘70s and 1980s. After his retirement, he served briefly as a baseball scout until he suffered a brain injury after being hit by a foul ball. He then transitioned to reality TV stardom when he and his (now ex) spouse Jeana were featured in The Real Housewives of Orange County.

Keough is no stranger to Southern California DUI charges. In 2005, he was arrested after he crashed his SUV into a parked car and injured a pedestrian. Police later tested his BAC to be more than twice California’s legal limit of 0.08%. After he served jail time and underwent rehabilitation following his conviction for felony DUI, Keough twice violated the terms of his parole, which resulted in him accruing additional fines and jail time. Keough's latest arrest occurred on 1:30 pm Saturday, August 21. When deputies attempted to pull him over, he fled his vehicle and ran to his house, where he was later apprehended and found to have a BAC of nearly four times California’s legal limit. Keough posted a bail of $10,000 to secure his release.

Obviously, someone like Keough, who’s been arrested multiple times for alcohol-related problems, does not need a savvy Southern California DUI attorney to warn him of the dangers of breaking the state's DUI laws.

CA DUI crimes are defined under sections 23152 (a) and 23152 (b) of the California Vehicle Code:

Section 23152 (a) defines driving “under the influence” of alcohol or drugs as a crime and sets the terms of punishment for that crime. Penalties can include license suspension, fines and court costs, points on your DMV record, and misdemeanor or felony charges, all of which can result in secondary consequences, such as the loss of a professional license, for instance, or the loss of the right to vote (if you’re convicted of a felony).

Section 23152 (b) defines the precise percentage of blood alcohol content (BAC) that the state deems to be illegal as 0.08%. In other words, if you drive a motor vehicle with a BAC of more than 0.08%, you could face all the penalties laid out in section 23152 (a).

Southern California DUI violations can result in extreme inconvenience, discomfort, and problems for convicted defendants. But if you build a sound case based on good legal research and preparation, you may be able to get your charges dropped and/or penalties reduced. For help determining your options, look to Attorney Michael Kraut. As a graduate of Harvard Law School and a former Deputy DA for Los Angeles, Attorney Kraut boasts extremely impressive credentials. Moreover, he can utilize his many years of experience as a prosecutor to help figure out exactly what defense tactics and strategies make the most sense for your situation.

Continue reading " Embattled Reality Star (And Former Major League Baseball Pitcher) Busted For Driving Under the Influence in Los Angeles " »

In 2004, Olympian Michael Phelps was pulled over and charged with driving under the influence 85 miles south of Baltimore. The gold medalist’s arrest rocked the sports world and attracted lots of attention from celebrity watchers who keep tabs on arrests for DUI in Southern California (and other places).

Phelps put that incident behind him by fulfilling the terms of his probation and meeting with victims of drunk driving crashes. But despite rebounding to net a world record eight gold medals in the Beijing 2008 Summer Olympics, the Olympian has had a rough 2009. Earlier this year, he was photographed smoking marijuana. And just this month, Phelps faced more scrutiny after getting into a serious collision in Baltimore as he was driving home from a Ravens pre-season game.

According to news reports, the driver of a Honda blew through a red light and wrecked Phelps’ Cadillac Escalade. Fortunately, the swimmer wasn’t seriously injured. But due to the fact that he was driving with an expired license, he will once again have to go back to court.

An experienced Southern California DUI attorney familiar with the athlete’s reported history of substance abuse might offer some guidance about how the California legal system handles drivers charged with driving under the influence of drugs.

Pursuant to CA Vehicle Code Section 23152 (a), individuals may not legally drive while under the influence of alcohol or drugs. The term “drugs” in this context is construed broadly. It includes illegal narcotics, such as marijuana, heroin, illegal opiates, PCP, cocaine, ecstasy, and LCD. It also includes prescription and over-the-counter medications.

Although police officers do not use breathalyzers in Los Angeles DUI drug cases (unless there’s also a suspicion that the driver has also been drinking alcohol), they may attempt to administer urine or blood tests. Chemical analyses of these tests along with officer testimony about the driver’s appearance, demeanor, and any statements made may also be taken into consideration as evidence by the judge and/or jury.

Police officers usually have much less experience making DUI drug arrests than they do making DUI alcohol arrests. So it can be easier to develop an aggressive legal defense against these charges. However, if you’re convicted of driving under the influence of drugs, the penalties can be severe and the fallout can last a lifetime. That’s why it’s critical to work with an attorney who knows how to build active defenses against these kinds of charges. Attorney Michael Kraut spent 14 years as a prosecutor for the city of Los Angeles and handled literally hundreds of cases of DUI and driving under the influence of drugs – from the prosecution's side. Having made the switch to serve as a criminal defense lawyer, Attorney Kraut brings a wealth of insider information about how the prosecution operates – a knowledge that has made him one of the most formidable defense attorneys in the city.

Continue reading " Olympian Phelps Involved in More Roadside Drama – But This Time Not For DUI in Southern California (or Anywhere Else, Fortunately) " »

Pro Football Hall of Famer Bruce Smith – who set numerous NFL records, including most sacks of all time – is set to appeal a July 9 conviction of driving under the influence. While he was not charged with a Los Angeles DUI (technically, Smith was arrested in Virginia Beach, VA), football fans throughout Southern California have followed his legal woes carefully.

According to an ESPN report, the 45 year-old Smith was pulled over for speeding in Virginia Beach back in May on Interstate 264. The arresting officer was allegedly part of a DUI Enforcement unit; he arrested Smith for DUI after the player refused a breathalyzer test. Prior to this incident, Smith had been arrested twice before for DUI – once in 1997 and once in 2003.

Had the Buffalo Bill’s former defensive end consulted a reputable Southern California DUI attorney, the lawyer would likely have explained the consequences of being convicted multiple times for DUI.

In Southern California, if you’re convicted of two DUIs within ten years' time, you’ll face mandatory minimum jail time of up to ten days (maximum six months). In addition, you’ll lose your driver’s license for two years, spend eighteen months attending DUI alcohol school, pay fines and court costs, and endure probation and other penalties. For instance, the court may mandate that you install an interlock device on your car.

If you’re convicted of a third DUI charge within ten years, you’ll add yet another misdemeanor to your record and face a mandatory 120 days in prison time (maximum one year). You’ll also face longer time in alcohol school, steeper fines and court costs, and a longer driver’s license suspension (three years minimum).

If you’re convicted of four Southern California DUIs within a ten year period of time, you may face a misdemeanor charge or even net a felony charge. Fourth time offenders face a minimum sentence of 180 days in jail (for a misdemeanor) or up to three years in jail (for a felony). In addition, you’ll lose your license for four years and face even steeper court costs, fines, alcohol school requirements, and probation restrictions.

Whether you’re facing your first charge of driving under the influence in Los Angeles or your sixth, you need a competent, compassionate, and knowledgeable attorney to help you navigate the legal hurdles. Connect today with Attorney Michael Kraut. Prior to becoming a criminal defense lawyer, Attorney Kraut served Los Angeles as a Deputy District Attorney and prosecuted a wide variety of criminal and DUI cases. Since he’s been on "the other side," he knows the tactics and strategies that the prosecution uses. He can use that hard-won knowledge to build you an intelligent, proactive defense.

Continue reading " NFL All Time Sack Champion Taken Down By DUI Conviction " »

On August 25, 2009, Oscar-winning screenwriter Roger Avary (whose credits include Pulp Fiction, Beowulf and The Rules of Attraction) pled guilty to manslaughter in a tragic Southern California DUI case that has gripped Hollywood for more than half a year.

According to facts as reported by Los Angeles Times, on the morning of January 13, Avary careered into a car driven by an Italian tourist named Andreas Zedine. Firefighters extracted the injured Mr. Zedine from the wreckage, but resuscitation efforts at Ventura County Medical Center failed. Avary’s wife suffered serious injuries in the crash as well. The screenwriter was arrested on suspicion of felony DUI in Los Angeles and held at the Ventura County Jail for $50,000.

If you or a family member has been arrested for vehicular manslaughter or another felony driving charge, you may greatly benefit from the services of a veteran Los Angeles DUI attorney.

Gross vehicular manslaughter while DUI is a very serious charge. To convict someone of this crime, pursuant to California penal code section 195.5(a), the prosecution must prove a number of points. First of all, they must show that a driver had been under the influence of alcohol or an illegal drug and had a BAC of 0.08% (CA’s legal limit) or higher. Second, the person who was driving under the influence must have committed an infraction, misdemeanor, or other illegal act that potentially could lead to someone’s death. Finally, the prosecution must show that that misdemeanor, infraction, or act resulted in someone’s death.

It’s also important to distinguish between carelessness and “gross negligence” as defined by the law. Gross negligence isn’t simply a temporary lapse in judgment or a lack of care. It’s a kind recklessness that generates a greatly increased risk of bodily injury or death, one that a reasonable person would understand to be dangerous and risky.

Given your critical circumstances, you likely need good advice from a qualified attorney. Southern California DUI clients trust Attorney Michael Kraut because he delivers results. Attorney Kraut spent over a decade as a prosecutor and served as the Deputy District Attorney for Los Angeles before switching over to take on criminal defense work. Since he’s tried literally hundreds of Los Angeles DUI cases from the prosecution's side, he has a unique perspective – a perspective he can put to work to craft a solid defense for you.

Continue reading " Pulp Fiction Writer Sentenced for Fatal Los Angeles DUI Crash " »

The CHP has informed all news agencies and the general public that Southern California will be the top priority for Los Angeles DUI arrests and enforcement for driving under the influence laws. According to law enforcement, starting tonight, September 4, 2009 at midnight until Monday September 7, 2009 at the same time, will be a high enforcement time for all law enforcement.

Police will be maxing out the number of officers on the roads to either run a Los Angeles DUI check point or pull over those they suspect of driving under the influence of alcohol or drugs. In California, an arrest for a violation of the California Vehicle Code section 23152(a) and 23152(b), can result in the following penalties occurring:

--Loss of driver's license
--Jail sentence of us to 6 months for a first time Southern California DUI
--Huge fines
--Increased insurance bills for several years
--Criminal record
--Loss of job
--Strict terms of probation

These are just a few of the punishments that the court and the DMV can impose for a first time DUI. A conviction of a subsequent DUI will result in much more severe consequences and significant jail time.

A Los Angeles DUI defense attorney can make the difference between a Pasadena DUI, and beating the rap and remaining free. In many locations in around SoCal defense attorneys are attempting to protect their clients from the unfair treatment of over zealous cops.

For example, a Pasadena DUI defense attorney can reviews the facts concerning an arrest in the San Gabriel Valley.

A Burbank DUI defense attorney will review the facts of an arrest in the area between San Fernando and the Pasadena area. That is a prime location for driving under the influence arrests in the valley.

However, a Beverly Hills DUI defense attorney will be able to advise his clients on some of the more public arrests made by both the CHP and local police agencies. That is especially important since the paparazzi often hang out at the Beverly Hills courthouse to see the new celebrity DUI suspects.

Continue reading " Maximum Enforcement is the Top Priority in Los Angeles DUI prosecutions for the CHP " »

Chris Davis, a star receiver for the Tennessee Titans, was pulled over on Friday night for driving under the influence. Although Davis’ arrest was not a classic "celebrity DUI in Southern California" arrest, (it technically took place in Nashville, TN), it has attracted lots of attention from the CA sports community.

According to the arrest report, Davis was originally pulled over for speeding. The officer asked him to take a breath test after he noticed that the star “smelled of alcohol” and had watery eyes. Davis blew a BAC reading of 0.11% – 0.03% higher than the legal limit for Tennessee (and Southern California) DUI. Davis’ team and agent remained tightlipped after the incident while “gathering facts.”

A seasoned Los Angeles DUI Attorney can help first-time offenders, like Chris Davis, explore their defense options and come to grips with potential penalties they might face.

The court can impose a smorgasbord of penalties for first time driving under the influence in Los Angeles, even if no injuries or property damage occurred. These punishments can include:

• Misdemeanor charge

• Jail time of 48 hours – two days in jail may not seem like much, but those hours can really drag. Moreover, 48 hours is merely the minimum sentence – first time offenders can get a maximum of up to six months in jail.

• Fines of up to $1,000 as well as court costs – note: court costs can actually be significantly more than $1,000.

• Probation – the court may set strict and uncomfortable conditions for your release. For instance, you may have to check in regularly with a probation officer. You might also have your property subjected to search and seizure. Finally, you may be prohibited from consuming any alcohol beverages during the course of your probation.

• Alcohol school – you may have to attend alcohol classes for a minimum of six weeks and a maximum of up to nine months.

• Suspended license – the court can suspend your driver’s license for a full year and prohibit you from even acquiring a restricted license for school or your work.

• Interlock device installed in your car – the court can order you to install and pay for a device in your car that will prohibit you from starting your engine if you’ve consumed alcohol beforehand.

Given the range of punishments you may be facing for driving under the influence in Southern California, it’s a good idea to consult with an experienced, time tested attorney like Michael Kraut. As a former DUI prosecutor and Deputy District Attorney for the city of Los Angeles, Attorney Kraut knows how the prosecution thinks, and he uses his intimate knowledge of both process and the law to deliver excellent results time and again for his clients.

Continue reading " Tennessee Titan Toppled in Celebrity DUI Arrest " »