Los Angeles DUI Attorney Blog

Most salacious stories involving Southern California DUI involve drivers doing or saying queer things that illicit eye-rolling, head-shaking, or other condemnation. But last week, the tables turned: Instead of a DUI defendant getting charged with a crime like DUI in Burbank, DUI in Glendale, Pasadena DUI, or Los Angeles DUI, a San Diego police officer was charged with harassing up to nine different women during a string of DUI stops.

As the San Diego Union-Tribune reported on March 21, Officer Anthony Arevalos pled not guilty to 10 different felony counts pursuant to charges that he sexually assaulted, restrained, and falsely imprisoned several women over the course of months. Officer Arevalos allegedly pulled over women in the Gaslamp Quarter in San Diego on October 22, December 29, March 8, and several other times for DUI and then proceeded to “ask them all what they could offer him to get out of their compromising situations. The women ranged in age from 20 to 31.”

According to Deputy DA Sherry Thompson, Arevalos scared the women by pointing out how costly Southern California DUI defense can be. In one of the most salacious examples of the alleged abuse, “he asked a woman leaving Mardi Gras celebrations what it was worth to her to get out of an arrest… Arevalos responded by directing her to drive to a nearby 7-Eleven and then allegedly asked for her panties and bra in a locked restroom… The woman claims that he then put his arm around her and fondled her crotch before letting her go.” According to the Union-Tribune, authorities have surveillance video of this act occurring.

Obviously Arevalos’ alleged misbehavior was not only illegal but also a violation of the rights of DUI suspects. Long Beach DUI process must be upheld. If a police officer fails to follow proper protocol by setting up a checkpoint station incorrectly or by violating the Constitutional rights of suspected DUI drivers, then the charges can be dismissed, and the officers who violated your rights can even get in trouble.

The challenge that many Long beach DUI defendants face is how to demonstrate that they are actually telling the truth. Often, a defense seems like it must devolve into a game of “he said, she said” – your word versus the word of one or several police officers.

Fortunately, a competent and experienced Los Angeles criminal defense attorney can prepare you effectively to meet challenges and build a compelling, evidence-based argument to either get your charges dismissed or get them pleaded down. Michael Kraut of Long Beach’s Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) is a Harvard Law School educated ex-prosecutor for the city (14+ years as a Deputy DA) who boasts a terrific record at jury trials and a history of getting excellent results for clients even in difficult, legally complicated situations.

Continue reading " Long Beach DUI Sexual Battery: San Diego Officer Slapped with 10 Felony Counts for Harassing Women " »

The annals of Burbank DUI arrests are filled with sad stories of honest people making honest mistakes and careless people making dumb mistakes. Sometimes a situation like a Burbank DUI, Pasadena DUI, Glendale DUI, or Los Angeles DUI will end in tragedy – for instance, someone gets severely hurt or killed. Other times, it merely ends with embarrassment and a loss of professional and personal reputation. In still other cases, the DUI stimulates a positive change for the defendant and helps him or her come to terms with a budding alcohol problem or a deeper psychological problem.

Unfortunately, many young sports stars – who are trained to believe they are invulnerable – often fall victim to their own carelessness and hubris, and they do things like stupidly drive DUI. Doing so can destroy their careers and lead to heartbreak for friends, family members, and fans.

A week ago Sunday, Michael Floyd, a star receiver for the Notre Dame Fighting Irish, got arrested for DUI in South Bend, Indiana after blowing a 0.19% on his breathalyzer test and failing field sobriety tests three different times.

The 21-year-old Floyd decided to pass over the 2011 NFL Draft to play for his senior season. Last year 2010, he had 12 touchdowns, 79 catches, and 1,025 yards. Following his DUI arrest, a short period of incarceration at the South Bend, Indiana jail, and a payment of a $500 bond, Notre Dame Coach Brian Kelly informed the hopeful that he had been “suspended indefinitely from football team related activities.” Floyd released a statement last Monday apologizing to his friends, coaches, teammates, and fans for “my behavior this weekend” – but will the contrition be enough to save his career?

The answer is obviously up for debate, but the story illustrates how seriously DUI can undermine your life, even if you don’t ultimately get convicted.

Burbank DUI field sobriety tests are probably similar to the ones that Michael Floyd took (and allegedly failed) a week ago. But what exactly happens when you take these tests? Generally, the first test that you get is a vision test called the horizontal gaze nystagmus test. An officer shines a flashlight in your eyes to see how your pupils react to the stimulus. You will also be asked to do a bunch of balancing and coordination tests – touch your nose with your fingers, stand on one leg, walk back and forth across a line, etc. Your mental acuity may also be tested. For instance, you may be asked to recite the alphabet backwards or to count backwards. Officers will also take into account other potential “symptoms” of DUI, such as alcohol on your breath, slurring words, bloodshot eyes, admission to having drunk, disheveled appearance, and inconsistent storytelling.

A Los Angeles criminal defense attorney, like Burbank’s Michael Kraut, can help you piece together a strong and evidence-based defense and help you figure out how to respond to charges against you. Michael Kraut served for many years as a Deputy District Attorney for LA, and he is widely respected as a pundit who speaks on national television about Burbank DUI matters. The Kraut Law Group is located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810.

Continue reading " Burbank DUI Disaster for NFL Hopeful – Will Michael Floyd Ever Again Play for Notre Dame? " »

As this blog reported many months ago, the world of Los Angeles DUI got shaken up significantly last year when a pilot program went into effect in Los Angeles, Sacramento, Tulare, and Alameda Counties that mandated that convicted DUI drivers install ignition interlock devices (IIDs) in their vehicles – even for first time DUIs. These “test counties” have demonstrated surprisingly lackluster results, according to a Sacramento Bee analysis published last Monday.

Before we dive into the analysis, let’s recapitulate what this law mandates, so that if you or someone you care about has been pulled over for driving under the influence in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, you will understand a little bit more of what’s at stake.

The law – champion by Mike Feuer, a Democratic assemblyman from L.A. -- requires DUI convicts to install a breathalyzer-like device called an ignition interlock device in his or her automobile for five months. Until if you blow a “sober” breath into the device, you can’t start your car. The IID should, at least theoretically, thus prevent recidivist (repeat) Los Angeles DUI drivers from endangering themselves and others on the road.

Unfortunately, statistics suggest that the DUI law is not working as planned. Since its incipience, over 13,000 people have been convicted of DUI in the test counties. But California officials confirm that just 1,335 of these convicted drivers got IIDs in their vehicles. Some experts believe that many convicts might be driving illegally – without an IID or even a valid driver’s license.

Assemblyman Feuer is not oblivious to the problem. The Friday before last, he admitted that it may be time to assess the efficacy of the law: “lives are at stake… it’s extremely important we implement this properly.”

From a policy standpoint, we can draw a lesson here. Sometimes solutions that seem “extremely obvious” lead to weird consequences. The cure can be worse than the disease.

This isn’t to say that the Los Angeles DUI program can’t be somehow rehabilitated or made to be more effective – just that policy makers need to have a certain amount of humility and need to rely more on data than on emotion when constructing creative solutions to make our roads safer.

From a practical point of view, if someone you care about has been charged recently with a crime like DUI, a Los Angeles criminal defense attorney (such as Michael Kraut, a Harvard Law School educated former prosecutor who has offices at: 6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can provide crucial advice. Build a better defense by connecting to a knowledgeable, results proven (99% success rate at jury trials) lawyer now.

Continue reading " Los Angeles DUI Law Ineffective? Sacramento Bee Questions Wisdom of IID Law " »

A week ago Sunday, Bryson Smith, a 22-year-old baseball player for the University of Florida, got smacked with a DUI charge and taken to Alachua County Jail – Long Beach DUI experts and others who follow the world of sports news have noticed an uptick in stories about young athletes like Smith getting in trouble for driving under the influence, violating the terms of their contracts, and generally tarnishing the reputations of their sports.

As this blog has relentlessly pointed out in discussions about DUI in Pasadena, DUI in Glendale, DUI in Burbank, and DUI in Los Angeles, sports and DUI simply do not mix. But professional bobsledders, GMs of the nation’s most prestigious teams, and superstar MLB and NFL players alike seem to be getting in DUI trouble these days. Why? What's going on?

More specifically, what happened to Smith?

According to Gainesville Police Department reports, the 22-year-old had been out with his friends at a bar called Cantina 101, when officers saw his vehicle swerving around Northwest 22nd Street, making unusually wide turns and drifting across lanes. Officer Jessie Bostick pulled the suspect over and put him through field sobriety tests (FSTs), which apparently did not go so well.

Officer Bostick reported that Smith “performed poorly on field sobriety exercises… and had bloodshot and glassy eyes.” After Smith was arrested and taken to jail, he refused to take a breathalyzer test. His coach, Kevin O’ Sullivan, released a statement: “I am aware of the charges against our baseball student athlete, and we take these very seriously… Bryson Smith has been suspended from the team effective immediately.”

Coach O’ Sullivan clearly did not want to have to suspend his key player – Smith was hitting .345 for his team with 5 RBIs on the season – one of them a game winner.

The symptoms of a Long Beach DUI that police look for are often “obvious.” In this case, the officer saw Smith swaying from side to side and observed him to have glassy and bloodshot eyes. Other common symptoms include: inability to respond to officer questions, odor of alcohol on the breath, admission to having drunk alcohol (Smith said he had one beer), empty containers of alcohol in the vehicle, slurred speech, loss of coordination, and inconsistent story telling.

As we just said, these symptoms seem “obvious.” Unfortunately, what often might appear to be clear signs of intoxication can actually be attributable to something else. For instance, someone can pull an all-nighter and thus have red bloodshot eyes because of fatigue. Someone might be uncoordinated and not be able to “get it together” enough for FSTs.

Conversely, just because you test negative for symptoms doesn’t mean that you are NOT DUI. For instance, a trained athlete with a great sense of balance might be able to pass the “walk the line” test with flying colors… even with a BAC more than twice the Long Beach DUI legal limit.

A Los Angeles criminal defense attorney, like Michael Kraut of the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454), can answer your questions about your DUI case. Talk to a Harvard Law School educated ex-prosecutor about your best and smartest plan to deal with the charges.

Continue reading " Long Beach DUI Dilemma: What to do about all these sports stars getting arrested? " »

Here is how the scam typically happened. A divorced dad in the midst of a bitter custody battle finds himself approached by two gorgeous women at a local watering hole, gets seduced into driving to a “hot tub party” and then suddenly, out of nowhere, finds himself pulled over and arrested for driving under the influence in Glendale.

Turns out, the dad was set up. His wife had hired Christopher Butler, an ex-cop, to arrange the “dirty DUI” operation by hiring the women to seduce him and then alerting law enforcement agents as the man took the road. The result? A DUI in Los Angeles, DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI anywhere else in Southern California.

Sounds like fiction? Think again.

The San Francisco Chronicle and Daily Mail Reporter detailed this “dirty DUI” scam in a recent story. Among the divorcees caught up in the trouble:

* 46-year-old David Dutcher -- he was stopped in 2008 for DUI after a woman he met on match.com invited him back to hot tub with one of her friends. The police pulled him over and found him to have a BAC of 0.12% (Southern California DUI limit is 0.08%).

* 46-year-old Declan Woods -- This contractor was busted in July 2007, after a younger woman got him drunk at Ed’s Mudville Grill and the Clayton Club Saloon. Woods hopped in a car to follow the woman to more partying at Walnut Creek, when he got pulled over by the police – a 0.21% BAC breathalyzer reading and a devastating arrest quickly followed.

Although these divorced dads got "seduced" into breaking the law (by driving under the influence), they clearly should have known better.

On the other hand, their wives and Mr. Butler (the ex-police officer who set things up) should also be ashamed. Inspiring people to drive under the influence in Southern California is reprehensible, whatever the reason.

But if you’ve been caught for driving under the influence in Glendale or elsewhere, you may not need to prove that you were “set up” in order to build a good defense. Indeed, simply questioning the methodology and accuracy of the breath test can be enough to break down the prosecution’s case against you. You might think that a Glendale DUI blood test or breathalyzer test that shows a positive for DUI would be essentially incontrovertible evidence that you did something wrong and broke the law. But, surprisingly, such tests can often be compromised and misleading.

An experienced Los Angeles criminal defense attorney can take a look at the test results and help you develop a smart way to minimize your penalties and maximize your chances of the best possible outcomes. Connect with Michael Kraut’s Kraut Law Group (offices in Glendale at : 450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) to get your critical questions about your Glendale DUI answered right now.

Continue reading " Glendale DUI Setups: Divorced Dads Targeted in Nefarious “Dirty DUI” Scam " »

When a police officer pulls over a driver for suspicion of driving under the influence in Long Beach (or elsewhere throughout the Los Angeles/Southland region), tempers can flare and the situation can even become violent. It’s all too easy to compound a Burbank DUI, Pasadena DUI, DUI in Glendale or Los Angeles DUI situation by fleeing the scene of a crash, confronting an officer, or otherwise acting in a way that will make it more difficult to defend yourself in court later on.

Case in point: Detroit Tigers' slugger Miguel Cabrera’s recent DUI arrest in Florida.

According to police video from the MLB player's arrest (as well as 911 calls and 42 pages of arrest affidavits), Cabrera made multiple mistakes, which will likely compound his DUI trouble and may lead to significant legal problems.

First of all, prior to his DUI arrest, Cabrera allegedly made a series of threats at a nearby restaurant, Cowboy's Bar-B-Q & Steak Company. The manager on duty told him that the bar and dining sections were closing – news that Cabrera did not like. He allegedly threatened to attack the manager and his staff with a gun and “blow up the restaurant.” The threats were serious enough that the bartender called 911.

Cabrera left the restaurant and headed towards the Tigers' spring training camp in Lakeland in central Florida. His SUV broke down. Police officers soon showed up on the scene. Cabrera allegedly threatened the police, drank a bottle of Scotch whisky in front of them, and gave one of the officers the bird. When the patrol trooper tried to arrest him, Cabrera “pushed off the vehicle” -- a defensive/aggressive move that earned retaliation from the trooper in the form of “3 to 4 knee spikes” into Cabrera’s leg.

Misbehavior, violent actions and threats to the police can vastly complicate your Long Beach DUI situation. You also might experience escalated penalties if you hurt someone while operating a vehicle while DUI.

Here's the scoop:

Typical misdemeanor charges are dealt with under California Vehicle Code Sections 23152(a) and 23152(b). Injury Long Beach DUI matters are charged under slightly different vehicle code sections – 23153(a) and 23153(b). From the labeling, that might not sound like a big difference – you go from 23152 to 23153. So what? But the consequences for your potential punishments are profound. 23153 allows prosecutors to elevate misdemeanor charges to felony charges.

Do you know the difference between a misdemeanor and a felony? The difference is enormous. If convicted of a felony, you may get significantly longer than one-year in jail, permanently lose the right to hold public office and vote, and suffer incalculable damage to your professional reputation, credit, ability to get loans, and ability to negotiate favorable probation conditions.

A qualified and reputable Los Angeles criminal defense attorney can help you build a sound and sensible strategy to combat the charges against you. Michael Kraut of Long Beach’s Kraut Law Group (located at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) has a long and decorated history of helping defendants. With a 99% success rate at jury trials, 14 plus years as a former prosecutor, and a Harvard law school education, Mr. Kraut can give you the guidance and legal help you need to get best results.

Continue reading " Long Beach DUI Madness -- Miguel Cabrera Tells Officers: “Shoot Me, Kill Me” " »

When sports stars and celebrities get pulled over for driving under the influence in Burbank, Southern California, or elsewhere in the nation, the national news media and the blogosphere react with shock, awe, and dismay. In many situations, defendants are deemed “guilty” in the eyes of the public, even before counter evidence or counter arguments can be heard.

If someone you love – or yourself – recently got arrested for violating the law against driving DUI in Glendale, DUI in Los Angeles, DUI in Burbank, or DUI in Pasadena, chances are you’ve already experienced some of this unfair “prejudgment” -- even among friends and associates.

Consider the case of Harry Teinowitz, a famous radio talk show host for ESPN’s WMVP-AM radio. The 50-year old announcer got stopped for DUI in Illinois the Friday before last and tested to have a blood alcohol concentration of 0.131% (nearly twice the legal limit for Los Angeles DUI – 0.08% BAC). After getting released from jail through via a $1,000 bail bond, Teinowitz returned to his radio show last Monday (“The Afternoon Saloon”) and addressed his listeners about what happened.

Teinowitz said: “some of you may have heard about the incident that occurred last Friday night. I made a horrible mistake in judgment… and I take full responsibility for my actions. I let my family down. I let you guys, the listeners who I love, down and I let the company I work for down. And I’m deeply sorry… this doesn’t define me: what happens from now defines me."

Note Teinowitz’ extremely defensive tone. Like many people arrested for driving under the influence in Burbank (a misdemeanor as defined by California Vehicle Code Sections 23152(a) or 23152(b)), Teinowitz understands the instant stigma that attaches to defendants in DUI cases. It’s easy to find yourself attached to the label of “DUI defendant” and to feel judged – not only by friends, peers, and outsiders but also by yourself.

The key to remember is that labels and moralistic judgments don’t necessarily define the essence of who you are. In many ways, it’s the lessons we learn, the actions we take, and the motion we take towards helping others and helping ourselves that defines our humanity. As important as it is to respond alertly and fairly to your DUI charges – and that doesn’t necessarily mean avoiding all punishments, by the way -- it’s equally important to give yourself a certain degree of forgiveness and to move away from labeling yourself as “good, bad, unfairly targeted, et cetera.” Instead, focus on identifying the most resourceful path to getting what you want and to ensuring the safety and well being of others in your family and other drivers in the road.

Obviously, you have some practical issues that you are facing right now, if you are a Burbank DUI defendant. 23152(a) and (b) convictions can lead to plenty of uncomfortable penalties, ranging from community service to jail time to probation to the mandatory putting in of a device called an interlock ignition device, which makes it impossible for you to drive unless you blow a sober breath into a machine.

A quality Los Angeles criminal defense attorney, such as Michael Kraut of the Kraut Law Group (located in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can deliver the much needed strategic guidance and compassionate support you need during this tumultuous time. Trust a Harvard Law School educated former prosecutor to build your defense today.

Continue reading " Burbank DUI Celebrity Arrest Alert: ESPN Commentator Harry Teinowitz Slapped with DUI in Illinois " »

Last Wednesday, Oakland A’s outfielder (and former Red Sox icon) Coco Crisp got pulled over in Scottsdale, Arizona on suspicion of DUI – blogs that follow sports and Long Beach DUI news jumped on the story, possibly because the outspoken outfielder had been driving a 2009 Rolls-Royce Phantom (valued at $400,000+) when he got pulled over.

Most arrests for DUI in Burbank, DUI in Glendale, Los Angeles DUI, and Pasadena DUI, involve vehicles worth well less than $400,000. They also usually involve non-celebrities. So let's get the full story behind Coco Crisp’s “beyond the run of the mill” DUI bust.

According to a report from TMZ.com, the police officer who pulled over Coco “observed signs of intoxication… after Mr. Crisp agreed to and performed field sobriety tests, he was arrested without further incident.” The AP report states that Crisp made his bail and actually made it to Phoenix Municipal State Event in time to play an exhibition game against the Indians. The Oakland A’s released a statement saying that the team was “taking Crisp’s situation seriously,” but team officials withheld additional comments “until further details are available.”

According to the AP, Crisp was the third major leaguer to be nabbed for DUI during this year’s spring training season – other arrests include Miguel Cabrera (Detroit Tigers), who got nabbed for Florida DUI in February, and Austin Kearns (Cleveland Indians), who got nabbed for DUI in Kentucky on February 12th.

Mr. Crisp allegedly failed his field sobriety tests (FSTs), but what exactly constitute Long Beach DUI field sobriety tests?

Here is a quick primer (or reminder, if you're a regular reader of this blog) of standard Southern California DUI FSTs:

• Horizontal gaze tests – An officer checks the reaction time of your pupils for an indication of a delay, which might indicate DUI.
• Finger to nose test – Suspect is asked to close his (or her) eyes and to try to touch his (or her) nose.
• Other balancing tests, such as the “stand on one leg” test, Rhomberg test (tilt the head backwards and count to 30), and walk the line test (walk several paces back and forth along a line, such as the white line on the side of the road).
• Mental coordination tests - (e.g. counting the alphabet backwards or counting numbers backwards by threes).

If you or someone close to you has been arrested for the crime of driving under the influence in Long Beach, a reputable Los Angeles criminal defense attorney, such as the Kraut Law Group’s Michael Kraut, can give you much needed guidance and strategic assistance.

Mr. Kraut’s Long Beach offices are located at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454. In addition to having served for 14+ years as a city prosecutor and having attended Harvard Law School, Mr. Kraut has a 99% success rate at jury trials and an excellent reputation in his industry. Prosecutors and judges respect him, and major media outlets, such as the New York Times, LA Times, BBC, and KTLA News, have had Mr. Kraut on as a guest commentator to discuss Los Angeles DUI news.

Continue reading " Long Beach DUI Sports Update: Coco Crisp Popped for DUI at Spring Training " »

Austin Kearns, a Cleveland Indians outfielder charged with DUI few weeks ago, will appear in Jessamine County District Court on March 10th: those who follow Los Angeles DUI news have noticed that major leaguers like Kearns, Miguel Cabrera, and Coco Crisp have all been snagged by DUI charges recently. Is this a wakeup call for the MLB?

Here's the reality: celebrities and sport stars appear to be treated differently when they get arrested for DUI in Burbank, DUI in Pasadena, Glendale DUI, and DUI in Los Angeles. But the law -- at least in theory! -- affords the same exact legal resources to all defendants. Some MLB analysts have pointed to Kearns’ arrest -- and his reaction to being pulled over – as indicative of a “holier-than-thou” attitude some celebrities take when they get caught doing illegal acts.

Irrespective of whether that’s true or not, here are the key details about Kearns’ stop:

• Police in Jessamine County pulled the 30-year-old outfielder over on February 12th at around 2:30 in the morning on Golf Club Drive.
• Kearns allegedly had been driving down an emergency road without his headlights on, and he was weaving all over.
• The Deputy Sheriff noted that Kearns “smelled of alcohol and had slurred speech” and “was very unsteady on his feet and leaned against the vehicle to steady himself.”
• Kearns refused to take field sobriety tests, and he refused to take a breathalyzer test.
• In addition to his DUI charge, Kearns faces a charge for failing to keep up his insurance.
• He paid $100 on a $1000 bond to get released from jail.
• The report alleges that Kearns admitted that he had drunk “a couple of bourbons and cokes” and that he asked the officer to “cut him a break.”
• The Cleveland Indians released an official statement last Tuesday saying that the team was aware of the arrest and that the club “take(s) these issues very seriously and is disappointed about the circumstances.”

One point we'd like to look at more: Kearns refused to take a breathalyzer test. What exactly ARE Los Angeles DUI breathalyzer tests? And are they as reliable as most people believe?

Breathalyzers are portable contractions that use chemical tests to gauge the concentration of ethanol alcohol on the breath. In theory, the technology is both simple and brilliant. A suspect simply blows into a tube, and the breathalyzer spits out a reading saying whether not you are DUI in Los Angeles or not (for a standard misdemeanor arrest, the cut off line is 0.08% BAC).

Unfortunately, breathalyzers are surprisingly unreliable. They don’t distinguish between men and women, for instance, and men and women process alcohol differently. The degree to which you blow into the machine can also have a profound effect on the reading. If you blow too much, you will register a BAC higher than you might actually have, for instance. Also, chemicals on your breath (such as ketone bodies that diabetics produce) can tilt the readings as well and can lead to false positives.

A Los Angeles criminal defense attorney, such as Michael Kraut of LA’s Kraut Law Group (6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can help you address your DUI charges effectively. With a Harvard Law school education and a 99% success rate at jury trials, this ex-prosecutor will exceed your expectations.

Continue reading " Los Angeles DUI Bloggers Note Explosion of Baseball Related DUI Arrests " »

Last Tuesday, Matthew Rutler, the 25-year old boyfriend of pop princess Christina Aguilera, got arrested for driving under the influence in West Hollywood. Christina herself was booked for public intoxication.

When celebrities get pulled over for driving under the influence in Pasadena, DUI in Glendale, DUI in Los Angeles, and Burbank DUI, the tabloids and blogosphere scramble to shine light on the story. For instance, within hours of the news break, hundreds of websites had information about how Rutler blew a 0.09% on his breathalyzer test (Southern California DUI limit is 0.08%, as this blog has often emphasized).

The tabloids have been buzzing about Christina’s recently “erratic” behavior, noting that the 30-year old pop star was visibly intoxicated at a colleague’s birthday party in January. Christina also famously forgot some of the words to The Star-Spangled Banner when she sang the anthem at the Super Bowl. A recent People Magazine story quoted a friend: “there is a real concern about this guy (Rutler), and a lot of her friends feel she needs to get away from him…hopefully, what happened (last Tuesday’s DUI in West Hollywood) is a real wakeup call.”

The media ignores non-celebrities arrested for Beverly Hills DUI. These defendants often lack good guidance, and they feel confused, scared, and overwhelmed about how to construct their defense.

Before we talk about potential resources to help you (or a friend or family member), let’s return to the legal definition of driving under the influence in Beverly Hills. California Vehicle Code Sections 23152(a) and 23152(b) define the crime of misdemeanor DUI in California. Section 23152(a) talks about the definition of driving while impaired by alcohol or drugs and stipulates the potential penalties the court may enforce. Section 23152(b) offers a subtle difference – it defines Beverly Hills DUI as driving with a blood alcohol concentration of 0.08% or greater.

For injury DUIs, two other California Vehicle Code Sections – 23153(a) and 23153(b) – may come into play. These take what might ordinarily be a misdemeanor charge and elevate it to a felony charge.

Whether you have been pulled over for a simple misdemeanor DUI, or you face a complicated court battle, a Los Angeles criminal defense attorney can answer your questions, work with you to develop a clear and effective strategy, and give you ongoing guidance to ensure that you obey the law, please the court, and minimize your potential hassle and punishments.

Connect with attorney Michael Kraut of the Kraut Law Group (offices in Beverly Hills at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Mr. Kraut spent nearly decade and a half as a Los Angeles prosecutor, during which time he developed a deep understanding of how prosecutors work. He now leverages that knowledge on the behalf of criminal defendants, and he has a reputation for getting terrific results.

Continue reading " West Hollywood DUI Shocker: Christina Aguilera and Her Boyfriend Busted " »

Getting arrested for driving under the influence in Glendale or elsewhere in Southern California is no picnic. But often, offenders compound their legal woes both during and after arrest. We're going to take a look at two unfortunate stories from the past week – both involving the number four. One involves a North Dakota man who got arrested twice in four hours for DUI; the other involves a Pennsylvanian man who racked up his fourth DUI in a McDonald’s parking lot.

If someone you care about has gotten arrested for Glendale DUI, Burbank DUI, DUI in Los Angeles, or DUI in Pasadena, these two cautionary tales may be quite useful to you.

Turmoil in West Fargo

The AP reports that, last Thursday, a 40-year-old man got pulled over at 2:20 A.M for suspicion of DUI in West Fargo, ND. The man made his bail and then immediately got behind the wheel again. Some passerby saw him “slumped over the wheel of a running vehicle with its lights on” at 5:40 A.M. Surprise, surprise, the police promptly busted the man again for DUI – not even four hours had elapsed between arrests.

Big Woes in Ridley Township

Meanwhile, more than 1,000 miles away in Ridley Township, Pennsylvania, Christian M Sweeney smashed his red Oldsmobile into a woman waiting in a McDonald's drive-through. Just two months ago, Sweeney had passed out in front of a Wawa. Police tested him for DUI, and he blew an astounding 0.62% BAC on a breathalyzer. For some perspective on this number, consider that the legal limit for a Glendale DUI (as defined by California Vehicle Code Section 23152 (b)) is just 0.08%. This means that Sweeney blew a BAC of nearly eight times the California legal limit! If you consult alcohol experts, many will tell you that 0.50% BAC is often fatal. If Sweeney’s December BAC reading was correct, it’s actually a miracle he survived.

In any event, officers reportedly found not only a bottle of vodka in Sweeney’s pants but also an empty hydrocodone bottle in his car. On top of that, Sweeney exhibited signs associated with Glendale DUI, such as “odor of alcohol coming from his breath and person,” red and glassy eyes, and slurred speech.

Does DUI bad news always come in fours?

Not necessarily. Each DUI defense offers unique nuances and defensive resources. If you or someone you care about was pulled over in the Valley or elsewhere in the Southland for the crime of driving under the influence of alcohol or drugs – or some variation of that crime – trust your defense to a competent Los Angeles criminal defense attorney.

Mr. Michael Kraut of Glendale’s Kraut Law Group (located at: 450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) can provide a stiff, strategic, and sophisticated defense for you. As a regular commentator for the BBC, Fox News, the Los Angeles Times, and other widely respected publications – and as a Harvard Law School educated former prosecutor – Mr. Kraut can provide peerless legal assistance.

Continue reading " Glendale DUI News Alert: Bad News Comes in Fours " »