February 3, 2012

Changing the Burbank DUI Paradigm: Part #1 – What's the Point of Fighting Los Angeles DUIs, Anyway?

In an ideal world, Burbank DUI arrests would never happen. burbank-dui-paradigm-shift-part-2.jpg


But we don’t live in an ideal world. Far from it.

Instead, we live in a world in which Burbank DUIs are all too pervasive. What's more, prosecutors, defense attorneys, judges, police, and the public all operate with false beliefs about the underlying causes of Los Angeles DUI and alcohol and drug addiction. Our inability to “move the needle” and permanently solve problems like Burbank DUI leads to needless suffering, traffic accidents, ruined lives, wasted law enforcement resources, wasted court time, and nasty indirect consequences for our entire city and country.

The Conventional Thinking

The conventional mindset about Burbank DUI prevention (held by many a Los Angeles DUI lawyer) is somewhat fatalistic. The CW suggests that Burbank DUI drivers “just don’t get it” and that they need to be punished and stripped of their rights to make Southern California’s roads safer. The problem, per the CW, is that certain drivers behave carelessly, recklessly, or otherwise inappropriately. These Burbank drivers must be bridled.

But is our punitive, blame-and-judgment-rich approach to DUI prevention really getting us anywhere?

Advocates of the current anti-DUI regime might say Yes. They might point to bright spots in the research, which suggest, for instance, that Burbank DUI checkpoints lead to more arrests and safer roads. You can also find data that suggest that certain types of fatal DUI injury accidents have declined over the past decade or so.

Granted. But DUI is still a pervasive problem. As any Burbank DUI attorney will tell you.

Perhaps the Burbank DUI community could benefit from a bird's eye perspective on the process. What if we examined our core beliefs about what works and doesn’t work in terms of changing driver behavior, managing DUI-related problems and costs and helping drivers solve those problems more effectively?

Perhaps, for instance, we could think about road safety differently.

Here's an idea, for starters: Discourage Angelenos from driving so much!

How? By doing things like eliminating sources of free parking. A recent Los Angeles Weekly article about parking theorist Donald Shoup highlighted Los Angeles’ obsession with free parking. Shoup suggests that our free parking fetish has led to many of our city's most nasty traffic and pollution problems. By eliminating sources of free parking, perhaps we could discourage drivers from driving as much as they do.

Think about it: the fewer miles that drivers clock, the fewer DUI driving miles will be clocked as well!

We will speculate in greater depth in a follow-up post. In the meantime, if you or someone you care about was recently arrested and charged with Burbank DUI, you may need to speak with a Burbank DUI lawyer.

Consult with an experienced Burbank DUI criminal defense attorney at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Michael Kraut is a former city prosecutor (14+ years experience in that position); he is hugely respected by his legal peers, and he boasts a terrific record at jury trials.

Continue reading "Changing the Burbank DUI Paradigm: Part #1 – What's the Point of Fighting Los Angeles DUIs, Anyway?" »

January 24, 2012

Burbank Injury DUI News: Police Shoot DUI Suspect During Stop in Santa Clara

The experience of getting pulled over under suspicion of driving under the influence of Burbank (or elsewhere in the Golden State) can be explosive. burbank-dui-injury-shooting.jpg


Drivers and passengers are often terrified about what might be in store. Even if you consumed no alcohol, narcotics, or prescription medications, you’ve certainly heard stories about innocent people being arrested for Burbank DUI without compelling evidence. Any good Los Angeles DUI attorney can recount dozens of these types of stories.

On the flip side, police officers themselves are often suspicious and scared, particularly if the suspect led them on a high-speed chase or otherwise resisted arrest or disobeyed an officer’s instructions. It’s easy for such suspicions to escalate and create not just hostility, but also fighting, injuries, and occasionally, fatalities. Los Angeles DUI lawyers can recount some truly devastating stories.

Consider the tragic case of a Santa Clara DUI stop gone awry.

The Saturday night before last, a 42-year-old man was pulled over on suspicion of DUI on Karen Drive in Santa Clara. According to a report in the San Francisco Chronicle, the suspect “became uncooperative, and the city police officer called for backup…before additional units could arrive, the suspect reached for a revolver.” The arresting officer then fired at the suspect in self-defense, killing him in his car. The officer has since been put on administrative duties, pending the results of internal Santa Clara Police Department investigation, done in conjunction with the Santa Clara County DA’s office.

Fortunately, most Burbank DUI stops don’t end so tragically. But the lack of trust -- combined with the adrenaline-fueled atmosphere of a Burbank DUI stop -- can cause officers and suspects to behave inappropriately, uncooperatively, and dangerously.

For instance, a Burbank DUI suspect may compound his or her potential legal problems by trying to flee the scene or by becoming overly aggressive (or defensive or even groveling) with an officer. As a Los Angeles DUI attorney will tell you: when you act inappropriately – with excessive fear, uncertainty, or aggression – you boost your likelihood of getting into more trouble than you deserve.

Likewise, police officers are liable to compound problems at DUI traffic stops by making drivers unnecessarily uncomfortable. Simple judgment errors or problems with breathalyzers can lead to innocent people being arrested for driving under the influence in Burbank and lead to a general waste of limited taxpayer resources and energy.

How Can We Make the Burbank DUI System Function More Effectively?

The big takeaway here is that police officers, defendants, Los Angeles DUI lawyers, and others need to stay present to the needs and concerns of others as well as to their own needs and concerns.

If you have been stopped for a Burbank DUI after a hit and run, for instance, stop the cycle of bad decision-making and limit your damage. Even if you are still recovering from a horrific night, the team here at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810 )will help you figure out what to do next and to be more strategic in how you approach your legal situation. Attorney Kraut is a vastly experienced, Burbank DUI criminal defense attorney who is highly respected by his peers. As a former Deputy District Attorney for Los Angeles and a Harvard Law School graduate, Attorney Kraut will help you make more effective decisions.

Continue reading "Burbank Injury DUI News: Police Shoot DUI Suspect During Stop in Santa Clara" »

January 20, 2012

Could It Happen in Pasadena? Fatal DUI Involving Horse and Truck Nets Man 14-Year Sentence

The number of ways a Pasadena DUI accident could lead to injuries and fatalities is vast. Probably infinite. But there are certain types of accidents that are very unlikely to occur. For instance, DUI snow-cat arrests are zero every year because of Pasadena’s year-round warm weather.dui-truck-accident-pasadena.jpg


What about horses?

Could Pasadena witness a DUI accident or fatality involving horses or other riding animals? The question does have some public interest. Consider that last week, Illinois authorities sentenced a Michigan man to 14 years in jail for killing a female horse rider while driving a truck DUI.

According to an AP report, Angus Lake had been partying one night in April last year at a local Michigan racetrack. Two women at the same party went out to ride their horses. Confused, Lake went to search for them in his truck. Bad idea. He ran into 25-year-old Michelle Eustis on her horse, killing her and seriously hurting the other woman. Prosecutors allege that Lake's BAC was nearly twice the legal limit for Illinois (or Pasadena) DUI of 0.08%.

Injury DUIs in Pasadena are charged according to a special set of laws, California Vehicle Code Sections 23153 (a) and 23153 (b). Technically speaking, as a Los Angeles DUI lawyer will tell you, these CVC codes are distinguished from the “standard” Pasadena DUI CVC codes by just a single digit – 23153 instead of 23152. Don't be fooled. 23152 and 23153 are worlds apart in terms of what they mean for sentencing. For instance, the difference for you could mean a misdemeanor charge and a felony charge (which can radically alter your life in ways that misdemeanors cannot).

Of course, myriad factors go into prosecutorial decisions. How did the injury accident happen? Was the other driver at fault or partially at fault? How were the BAC tests conducted? Were they properly calibrated? Did the officers make any errors of procedure or somehow violate your constitutional rights? The questions are seemingly limitless.

To meet your challenges, therefore, it really helps to connect with an experienced Pasadena DUI defense attorney, such as the Kraut Law Group's Michael Kraut. Attorney Kraut is a Los Angeles DUI lawyer who has worked in the trenches of Southern California DUI Law for nearly two decades. He spent 14+ years as a Deputy DA for the city prior to switching to help criminal defendants in his role with the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899).

Continue reading "Could It Happen in Pasadena? Fatal DUI Involving Horse and Truck Nets Man 14-Year Sentence" »

January 16, 2012

Burbank DUI Defense Lessons from Shocking Arrest of Atlanta Beach South Carolina's Mayor

Most people believe, without a shred of a doubt, that “a Burbank DUI would never happen to me… or anyone I respect." This kind of thinking is understandable. After all, DUIs are only something that careless celebrities and recidivist alcoholics get. Right?dui-mayor-burbank-dui-lessons.jpg


Think again.

In fact, the diversity of Burbank DUI defendants is far vaster than most people realize. Defendants have included sports heroes, political figures, (yes, celebrities), “responsible” housewives, business people, homeowners, senior citizens, and practically everyone in between.

Even politicians can find themselves in great legal disarray due to poor decision-making. Witness the case of 62-year-old Retha Sturdivant, the mayor of the South Carolina town of Atlantic Beach. South Carolina police officers allege that they saw Sturdivant stop her SUV at green lights multiple times. After witnessing this very odd – and certainly dangerous – behavior, officers stopped Sturdivant on the Main Street Bridge in the town of Conway. Police said that Sturdivant exhibited the classic symptoms of a Burbank DUI (and DUI anywhere in the country), including glossy eyes, lack of coordination, and a general lack of sharpness and responsiveness. Sturdivant was put through the paces of a field sobriety test. The officer who conducted the FST said, “The subject was swaying, used her arms for balance, and put her foot down many times.” Officers not only arrested the mayor, but they also found a diverse sampling of medications on her, including Percocet, Toradol, and Flexeril.

This is not the first time that Atlantic Beach's mayor has come under the gun for legal problems. On Christmas 2007, she was arrested and put on probation. Last July 13, she also faced problems with her administration. According to the heraldonline.com, a Rock Hill, South Carolina, publication, “Her first attorney was disbarred and is serving jail time for trying to have a former law partner killed.”

Sturdivant also allegedly was involved in a hit and run accident April 2009. She was arrested and charged with driving under the influence, although those charges were later dismissed due to problems with the breathalyzer test.

She was also arrested back in January 2011 for trespassing on Town Hall itself!

Sounds like something of a disaster.

Unfortunately, individuals who are recidivist offenders – who break the law multiple times – run the risk of profoundly-life altering Burbank DUI penalties. “Escaping from the charges” might be a worthy goal, but ideally, you want to examine the root problems that have caused you to clash with authorities. You need to rectify those problems ASAP – not only to prevent getting into further trouble, but also to protect yourself and others in your community from harm.

Connect immediately with a Burbank DUI criminal defense attorney at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to understand your rights and resources and begin the process of rebooting your life, career, and reputation.

Continue reading "Burbank DUI Defense Lessons from Shocking Arrest of Atlanta Beach South Carolina's Mayor" »

December 23, 2011

The Career-Destroying Power of a Glendale DUI Conviction: Jerome Babbitt Flies into Trouble

It’s one thing if you or a neighbor or a co-worker gets arrested for Glendale DUI. That, in and of itself, is kind of disturbing. But what if one of the nation’s top safety experts gets arrested for driving on the wrong side of the road while under the influence of alcohol? How would you feel? Would you feel dismayed? Flabbergasted? Outraged? All of the above?Randy-Babbitts-mugshot-DUI.jpg


This is not a theoretical example. It actually happened the weekend before last, when 65-year-old Jerome Randolph Babbitt, the head of the Federal Aviation Administration, was arrested for DUI in Fairfax, Virginia, then taken to an adult detention center.

According to the Washington Post, Babbitt has requested a leave of absence from his position in the wake of the arrest. He had been serving a five-year term. Michael Huerta, the Deputy Administrator of the FAA, will take over in Babbitt’s absence.

On some level, the jaded among us have grown to expect this kind of behavior even from our highest elected and appointed officials. On another level, we also recognize the inherent dangers of driving under the influence in Glendale and elsewhere. We find ourselves caught up in paroxysms of anger and despair as we contemplate these misdeeds.

Here is another way to think about Glendale DUI arrests – and arrests for DUI elsewhere in America including Fairfax, Virginia and beyond. It is a far more empathetic, compassionate, and non-judgmental way to think. This way probes the fundamental causes of misbehavior and bad judgments. This way asks questions like: Why might someone like Babbitt drive under the influence or drive on the wrong side of the street? What circumstances might have influenced this decision? What can we do to prevent Glendale DUI injury accidents? What incentives, disincentives, social pressures and educational resources will make the roads safer and instill a sense of community among drivers?

This discussion may be a bit theoretical if you or someone you care about faces a scary charge of Glendale DUI pursuant to California Vehicle Code Section 23152(a) or 23152(b). Fortunately, you need not fight this battle all on your own. An aggressive, results-focused Glendale DUI criminal defense attorney from the Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) can help you assess your situation and fight the charges against you. Mr. Kraut is an experienced former prosecutor with a Harvard Law School background, and he has served as a legal expert for the Los Angeles Times, KTLA, and even US Weekly.

Continue reading "The Career-Destroying Power of a Glendale DUI Conviction: Jerome Babbitt Flies into Trouble" »

December 14, 2011

Hidden Long Beach DUI Penalties Could Be Worse Than Jail Itself

In a recent blog post, we enumerated the many unpleasant, repugnant penalties for Long Beach DUI. We won’t belabor them again, but they include jail time, massive fines, probation, mandatory installation of an IID, alcohol school, etc. long-beach-dui-worse-than-jail.jpg


But is that really the worst of it?

In the worst-case scenario, you could at least imagine yourself surviving these penalties and carrying on with your life. No one wants to spend three months in jail or pay thousands of dollars in fines. But life is long, second chances abound, etc.

In some sense, this attitude is correct. In another sense, however, it ignores the far more insidious but potentially terrifying, debilitating indirect penalties of a Long Beach DUI conviction.

Punishment worse than jail?

There are, believe it or not, worse things than going to jail. Unless you commit a truly heinous crime, jail is a temporary situation. However, the long-term “metaphorical prisons" that we build for ourselves can incarcerate us for a lifetime. Bad habits beget bad habits. Bad self-image begets worse self-image. And so on. Indeed a Long Beach DUI conviction can be the first step on a slippery slip towards an unfulfilled and unfulfilling life.

Consider the hazards potentially in your way:

• Conviction makes it more likely that you will be punished harsher for any future crimes or infractions;
• Conviction will almost certainly spike your car insurance rates (assuming that you are still allowed to keep your license) for years, draining your pocket book of potentially of thousands of dollars;
• Once convicted, you may find yourself judged harshly by employers, acquaintances and people in your social circle as well as by close family members and even by yourself.
• If you “don’t believe in yourself” or lack support from friends or family members who’ve “given up on you” you may find it harder to get a job, harder to get a loan, harder to find the inner resources to fight through obstacles in your way, be they career obstacles or even medical problems.
• Loss of driving practice and mobility. If your license gets suspended, you may have to lean on public transportation, friends and family members, and ingenuity to survive. If you are like most people who live in and around Long Beach, you likely depend heavily on your car, truck, or motorcycle to deal with the “stuff” of life.

Count those costs. How many hours of productive time will you have to sacrifice? Will you be fired? Will you sap your spouse’s productivity and thus limit his or her income? What about loss of confidence behind the wheel?

Once you’ve been convicted for a serious violation, such as a Long Beach DUI, you may lose confidence in your ability to drive safely and effectively. Your driving persona may change for the worse.

Fortunately, you don’t have to go through the gauntlet of defending yourself by yourself.

An experienced Long Beach DUI criminal defense attorney from the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) can help you develop a powerful strategic response to whatever charges you face. Attorney Kraut is a former Deputy District Attorney with a fantastic track record at jury trials and a Harvard Law School Education.

Continue reading "Hidden Long Beach DUI Penalties Could Be Worse Than Jail Itself" »

December 7, 2011

Staggering, Bank Breaking Costs of a Pasadena DUI

How much will your Pasadena DUI cost you, in terms of energy, freedom, and, perhaps most substantially, money?pasadena-dui-costs.jpg


If you face Pasadena DUI charges, this question – and all the branches of thought that it generates – no doubt weighs heavily in your mind. A recent Fox Business news article suggested some very sobering numbers: “(if convicted) you should expect your insurance rates to double. That varies from driver to driver, of course.”

A 24-year-old Seattle woman who got DUI with no priors found that “her insurance quotes spiked radically.” Before the accident, she “saw quotes from $742 to $1,814 a year for basic liability and personal injury protection.” After the misdemeanor DUI – no injuries, no complications, no priors – “her insurance quotes ranged from $1,608 to $2,492.” As long as your DUI remains in your record, you likely have to pay these steeper rates.

So let’s do a little math. Say a 24-year old gets a Pasadena DUI, and her insurance hikes up from $800 a year to $1,600 a year. So she’ll be paying $800 extra a year. Multiply that by three years and that’s $2,400. For some people that’s equal to a year’s worth of car payments.

Also, that’s just the insurance costs, and that’s just for standard “garden-variety” Pasadena DUI charges. That $2,400 figure obviously does not include court costs and fines, the money you have to pay to install a mandatory ignition interlock device in your car, and so on.

Moreover, even those costs likely underestimate the total resource drain. After all, Pasadena DUI defendants often have to take time off of work to go to court -- money lost there -- and they may need to make significant changes to their daily schedule -- even more money lost there. And this is to say nothing of the psychological toll that a DUI conviction can have on someone. A person who suffers depression or other emotional problems as a result of a Pasadena DUI conviction will likely work fewer hours. Likewise, in certain cases, a DUI conviction can mean the end of your job. At the very least, it can seriously degrade your professional reputation and even your reputation with close friends and family members.

So what can you do?

Step one is to get the resources and strategy you need to put up the most stiff resistance to the charges. Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is a highly reputable, experienced law firm. Attorney Michael Kraut served for 14 years as a Deputy District Attorney. Connect with a Pasadena DUI criminal defense attorney today to design and develop your smartest response.

Continue reading "Staggering, Bank Breaking Costs of a Pasadena DUI" »

December 2, 2011

Multiple Burbank DUI Arrests? Maybe it’s Time to Look at the Root Cause…

If you’ve been arrested, and potentially convicted, more than once for driving under the influence in Burbank, you might find it useful to evaluate the fundamental problem that’s been getting you into trouble.burbank-dui-hole-stop-digging.jpg


As Will Rogers once famously intoned, “If you find yourself in a hole, stop digging.”

All well and good. But how does that translate into action?

More specifically, if you admit that something other than dumb luck contributed to your getting arrested multiple times for driving under the influence in Burbank, how do you objectively think through what’s caused you so much pain and caused you to engage in such reckless behavior?

The standard party line is that Burbank DUI defendants are incompetent, ignorant, reckless, or (insert other negative judgment here). Labeling a person -- or even a behavior -- as “good” or “bad” is not necessarily that informative. It might make non-Burbank DUI drivers feel superior. It might make people who have been convicted of driving under the influence, per California Vehicle Code Section 23152 or 23153, feel guilty and ashamed. But it does not get at the root problem. A judgment is just a description, and a tenuous one at best.

So how do you make progress?

One way to make progress is to analyze the feelings and thoughts that you had before, during, and after your DUI arrest or other automobile event. The more discreet, focused, and comprehensive your survey of your thoughts and emotions, the easier it will be to spot patterns – habitual behaviors and ways of thinking. You can then use your new knowledge of said patterns to engineer a remedy.

For instance: say, after journaling about your experience, you discover that every time you've driven DUI in Burbank, you just-previously experienced a deep frustration, such as a job loss, family fight, or even rejection at an audition. If so, you can recognize that certain negative events trigger you to take leave of your senses. So the next time you find yourself in a situation where you are frustrated or angry, you can become consciously aware of the trigger and take measures to disrupt your pattern of partying or taking drugs to make the pain go away.

Of course, you may also have urgent logistical or legal concerns. The Kraut Law Group in Burbank (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help. Attorney Michael Kraut is an experienced Burbank criminal defense attorney who specializes in DUI, and he can help you construct a rigorous, solidly structured defense.

Continue reading "Multiple Burbank DUI Arrests? Maybe it’s Time to Look at the Root Cause…" »

November 30, 2011

Do Genetics Play a Role in Glendale DUI Arrests? Sad (But Intriguing) Case Out of PA Suggests Maybe So…

When you read in the paper (or on the blogosphere) about people getting arrested for driving under the influence in Glendale, you usually see those stories isolated of context. This is unfortunate, since the only way to extract useable lessons (including lessons about “what not to do”) is to contextualize stories. genes-and-alcohol-glendale-dui.jpg


What does that mean? It means understanding their subtleties, their back stories, etc. For instance, consider the case of the distracted “duck boat” captain in Philadelphia, who was sentenced last week to over a year in jail for plowing his sightseeing boat into an obstacle, killing two Hungarian tourists aboard.

At first blush, the story suggests that the captain was essentially a reckless idiot. However, when you dig deeper into his backstory, things get more complicated. Turns out, he had been distracted because his son had been involved in an emergency eye surgery gone horribly wrong, and he was communicating with his wife about the latest minute-by-minute in the OR. Obviously, he should not have been derelict in his duty, and he was ultimately culpable for what happened. But when you consider the situation in context, it certainly becomes more nuanced.

Similarly, genetics and other seemingly inconsequential or subtle minutiae may matter. A Glendale DUI arrest, like a DUI arrest anywhere, needs to be taken in context.

For instance, consider last week’s arrest of 22-year-old Sean Owen O’Neill Jr., in West Goshen Pennsylvania. According to police reports, the 22-year-old was arrested last Thursday on suspicion of DUI, after he crashed his car into a home. Upon first looking at the story, you might be tempted to believe that Goshen’s incident was disconnected from anything in his past – maybe he was just a youth out for some reckless, careless fun.

However, one local paper describes his back story: “The arrest is the latest in the family's string of legal problems. O'Neill served jail as a juvenile for a 2006 shooting at a party at his home. His sister, Roison O’Neill, is in prison for a fatal 2008 drunk driving accident. And their father, pub owner Sam O'Neill Sr., was recently deported to Ireland after serving time on a federal gun charge.”

As we were discussing above: Context, context, context.

What does this all mean, in a practical sense, for you, if you’ve been charged with a Glendale DUI?

It means that the way in which you and your Glendale DUI criminal defense attorney scrutinize what happened to you – before, during, and after your arrest – should have a profound impact on your capacity to fight back against the charges, avoid the worst penalties, and rebuild your life.

Not every Glendale DUI attorney has the track record, experience, and commitment to understand your arrest in the context in which it needs to be understood. Fortunately, you can connect today with Attorney Michael Kraut of the Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123 ). As a former prosecutor and Harvard Law School educated lawyer, Mr. Kraut has the wherewithal and the connections to build your case.

Continue reading "Do Genetics Play a Role in Glendale DUI Arrests? Sad (But Intriguing) Case Out of PA Suggests Maybe So…" »

November 21, 2011

Long Beach DUI Enforcement Gets a Boost with $300,000 Traffic Safety Grant

Last Tuesday, Long Beach DUI checkpoints, patrols, and enforcement got a financial shot in the arm, when the LBPD received a California Office of Traffic Safety grant of $300,000, courtesy of the National Highway Traffic Safety Administration. long-beach-dui.jpg


According to a special report in the Long Beach Press Telegram, these funds will be used to sponsor “motorcycle safety patrols, DUI and drivers license checkpoints, DUI saturation patrols, red light enforcement and speed enforcement.”

The grant will fuel additional Long Beach DUI checkpoints in a bid to deter DUI drivers from getting behind the wheel and violating California Vehicle Code Section 23152(a) or 23152(b).

According to NHTSA figures, Long Beach DUI checkpoints (and checkpoints throughout the country) “have provided the most effective documented results of any of the DUI enforcement strategies, while yielding considerable cost savings of $6 for every $1 spent.

The Long Beach DUI enforcement grant will pay 10 officers to identify drivers who are DUI or drug DUI in Long Beach. On top of that, the grant will fund four additional motorcycle safety enforcement operations.

On the one hand, these increased patrols and special enforcement operations could help keep Southern California residents safer and, ideally, deter people from even thinking about committing a crime like Long Beach DUI. All that said, the law of unintended consequences can rear its head in the strangest of places and times.

While the saturation patrols could protect the public, they could also sweep innocent drivers into the dragnet and create hassles for those innocents and their families.

Challenges abound for those who want to ensure fairness in Long Beach DUI cases. If you or someone you care about has recently been stopped for driving under the influence in Long Beach, a Long Beach criminal defense attorney with the Kraut Law Group can help you understand your rights, resources, and responsibilities and make judicious and strategic decisions in a going forward.

Depending on the circumstance of what happened, you may be able to escape harsh punishments, such as jail time, license suspension, mandatory alcohol school, strict probation, annoying court costs and fees, and long-term indirect consequences, like trouble getting work and high insurance rates. Connect with Harvard Law School educated, former prosecutor Attorney Kraut now to understand your best Long Beach DUI defense options.

Continue reading "Long Beach DUI Enforcement Gets a Boost with $300,000 Traffic Safety Grant" »

November 15, 2011

Preposterous Pasadena DUI Stories: "Attention DUI Suspect in Kentucky -- Your Car Is on Fire!"

Getting arrested for driving under the influence in Pasadena (or anywhere else) is no laughing matter. However, the things that certain suspects do under pressure can, in retrospect, seem amusing.becca-voss-dui.jpg


Case in point, consider what happened to 20-year old Becca Voss, who was arrested last Thursday morning near Louisville on a relatively standard DUI. According to a local station, WLKY Louisville, Ms. Voss had been driving 16 miles over the speed limit, weaving between lanes – symptoms that would clue officers here in the Southland onto the fact that someone might be driving under the influence in Pasadena.

Indeed, Voss, exhibited classic symptoms associated with Pasadena DUI (or DUI anywhere) including “red, glossy eyes… disorientation” and lack of coordination.

But the way in which her lack of coordination displayed itself is why her story has gotten so much attention. Apparently, Voss “dropped a cigarette in the car’s door, igniting papers in the door” and thus setting her car on fire.

Not exactly the kind of impression you want to make if you want to convince authorities that you are stone sober and not driving under the influence in Pasadena!

Ms. Voss also faced further setbacks when she “failed several field sobriety tests” and failed a blood alcohol test by blowing a BAC of over 0.20% (2.5 times the legal limit for Pasadena DUI).

Can we learn anything from Voss’s cigarette related flub, other than obvious lessons (you probably already knew) such as “try to avoid lighting your car on fire in front of the police, when you are being tested for DUI”?

Perhaps. The biggest lesson here is that DUI events often lead to hard to calculate, cascading situations. Obviously, very few people anticipate getting pulled over and arrested, prior to getting behind the wheel. But even after you do get stopped, “twist and turns” in your story can be fast and furious, and they can throw you off your game.

They can also induce needless stress and potentially significantly complicate your case. For instance, say you get into an accident and cause an injury Pasadena DUI. You might be tempted to immediately flee the scene or do something else stupid. Once you make that bad decision, you may make another bad decision, such as speeding away from the police or driving through a red light. Each one of these bad decisions further complicates your legal situation and makes the job of your Pasadena DUI criminal defense attorney that much harder.

Fortunately, no matter what happened, there is always room for clarity, strategy, and clear thinking. The Kraut Law Group can help (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Michael Kraut is an extremely experienced compassionate and successful Pasadena DUI lawyer. Not only is he Harvard law school educated, but he also worked for nearly a decade and half as a prosecutor, so he knows exactly how prosecution will likely come after you.

Continue reading "Preposterous Pasadena DUI Stories: "Attention DUI Suspect in Kentucky -- Your Car Is on Fire!"" »

November 5, 2011

Los Angeles DUI Checkpoints for Halloween: Trying to Prevent True Halloween Horrors

Over the weekend, Los Angeles DUI Saturation Patrols were on red alert looking for dangerous drivers on California’s freeways and surface streets. halloween-dui-los-angeles.jpeg


A local police chief in Glendora issued a press statement summarizing the intent and purpose of the extra saturation patrols: “there isn't a Halloween costume clever enough to hide an impaired driver who has made the poor decision to get behind the wheel.”

Halloween is notoriously a dangerous time for drivers. Like most national holidays, including Super Bowl Sunday, New Years Eve, Memorial Day Weekend, and 4th of July, Halloween is a time for community revelry. As a result, more people go out partying, and thus more DUI or near DUI drivers populate the roads, particularly at night.

National Highway Traffic and Safety Administration (NHTSA) statistics from 2009 found that nearly half of all Halloween night fatalities involved motorcycle riders or drivers who had BACs of 0.08% or higher – the legal limit for Los Angeles DUI, as per California Vehicle Code Section 23152.

The California Office of Traffic Safety, via the NHTSA, is funding the extra Los Angeles DUI Halloween saturation patrols.

What’s particularly scary about a Halloween DUI is the extra vulnerability of children.

While many conscientious parents make sure that their children wear highly visible costumes – like a white ghost or a princess with lots of silver glitter on her costume – some parents don’t give nearly enough thought to road safety and children. When you mix these two potentially dangerous elements – more "post-revelry" drivers on the road and lots of kids wandering around unfamiliar neighborhoods in difficult to see costumes – it’s not particularly surprising that you see accident rates spike and more people hurt and even killed.

What can be done to change the situation?

First of all, Halloween has always been a notoriously strange and unpredictable and in some ways dangerous holiday. Even the trick or treating itself – beyond the dangers posed by Los Angeles DUI drivers and potential child abusers – is risky in and of itself simply because of the nature of the treats given out to our children.

Candy is not exactly the healthiest food. All parents know that. However, riveting and compelling new scientific research suggests that eating sugar may actually precipitate a gamut of long term, complicated health problems, including but not limited to: insulin resistance, obesity, Type II diabetes, heart disease, and even many kinds of cancer.

So we may need to protect children not only against Los Angeles DUI drivers but also against more insidious threats, such as high fructose corn syrup in their trick or treat bags.

If someone you know and care about has been recently arrested for Halloween Los Angeles DUI, the team at the Kraut Law Group (6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can help. Attorney Michael Kraut is a former Deputy District Attorney with a fantastic success rate at jury trials and an impressive background – including 14 years as a former prosecutor and a Harvard Law School education.

Continue reading "Los Angeles DUI Checkpoints for Halloween: Trying to Prevent True Halloween Horrors" »

October 24, 2011

Underage Burbank DUI for Hannah Montana Star – 20-Year Pulled Over in Mercedes with BAC “Well Over” the 0.08% Limit

Last week, 20-year old actor Mitchel Musso was arrested for driving under the influence in Burbank underage near Chandler and Buena Vista, according to a report in the La Canada Valley Sun. MITCHEL-MUSSO-DUI-burbank.jpg


The actor, who appeared on Hannah Montana as well as in the 2003 movie, Secondhand Lions, allegedly “drove through the intersection [near an accident scene] and failed to do what the officer instructed him to do.”

Musso, who is probably best known for playing Oliver Oken in Hannah Montana, was pulled over at 3:45 A.M last Sunday morning. He had a BAC of substantially over the limit for driving under the influence in Burbank (0.08%). But since he was underage, any significant amount of alcohol in his system would constitute a crime. Per the Los Angeles County Sheriff’s Department, the actor was released after posting a bail of $5,000. No one else was in his 2007 Mercedes during the arrest.

Underage DUI in Burbank is not only a frustratingly serious crime, but it is also a crime that can ruin or cripple a young person’s future.

Obviously, any Burbank DUI is a potential (or actual) tragedy. In this case, Musso was fortunate, in that he did not cause injuries to anyone or to himself. But imagine if he had killed someone while driving DUI underage. Not only might he face hugely serious charges, such as vehicular manslaughter or worse, depending on his background and the circumstances, but he would also face the problem of being “sucked into the system.”

Once you accept the notion that you are a criminal or a DUI driver, you may have a difficult time changing that self image and returning to your previous model of yourself as “upstanding, law abiding citizen.” The way we view ourselves can have profound ramifications for our behaviors, thoughts, and life paths.

Underage Burbank DUI
driving should be taken as a major warning sign – a clarion call that you need to get help. You may need the services of a respected, empathetic, and results driven Burbank DUI criminal defense lawyer, such as Michael Kraut of the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). You also might need to do some inner work, such as therapy, meditation, and changing your peer group to reduce the negative influences on your behavior.

Attorney Michael Kraut of the Kraut Law Group is a former prosecutor for the city of Los Angeles – he spent over 14-years in that role, in fact. Now, as a criminal defense attorney, he brings his wealth of prosecutorial knowledge and experience to bear to help Burbank DUI defendants understand their challenges and meet them in a principled, successful way.

Continue reading "Underage Burbank DUI for Hannah Montana Star – 20-Year Pulled Over in Mercedes with BAC “Well Over” the 0.08% Limit" »

October 14, 2011

Ghastly Los Angeles DUI Sends Six Children to Hospital: One Child is Critically Injured

Amidst the circus of the Conrad Murray trial in Los Angeles Supreme Court (Murray, as you might know, is the infamous doctor accused of giving Michael Jackson the propofol and other drugs that ultimately killed him), our city recently witnessed some extremely disturbing, scary, and sad Los Angeles DUI accident news.suv_rollover-Los-Angeles-DUI.jpg


Last week, six children and one adult woman were injured in a Lancaster DUI crash. According to a Los Angeles Times report, 31-year-old Stanesha Allen crashed her 2002 Toyota Sequoia very early last Sunday morning on East Avenue I. Apparently, Allen was at a wedding the night before.

Here is the complete stomach-churning description straight from the Los Angeles Times story: after she lost control of her vehicle, according to the California Highway Patrol, her “SUV flipped four times, leaving some of the children partially ejected… two of the children were airlifted to Antelope Valley Hospital with critical injuries. The other four and Allen were taken to the hospital by ambulance with minor to moderate injuries… the two seriously injured children, a 4-year-old girl and a 22-month-old boy, were transferred to Kaiser Permanente Medical Center and Children's Hospital Los Angeles, respectively.”

Allen was arrested. But since she is injured, she is allowed to remain at the hospital for treatment.

Everyone knows that the crime of driving under the influence in Los Angeles can be a terrible and scary crime. But the consequences for everyone involved and for your own future can ratchet up hugely if there are injuries involved – especially, injuries to children.

The California Vehicle Code sections actually spell out entirely different punishments for people who hurt others while DUI. California Vehicle Code Sections 23152 (a) and 23152 (b) are written to punish standard non-injury misdemeanor DUIs. The punishments can still be quite hefty and can include jail time, steep fines, mandatory alcohol classes, license suspension, probation, and mandatory installation of an IID device in your car.

But if you hurt someone while driving DUI in Los Angeles, two very different vehicle code sections might apply. Pay attention because they differ by only one number: 23153 (a) and 23153 (b) give prosecutors several extra legal “weapons” and allows them to elevate what ordinarily might be a simple misdemeanor to a felony. In case you don’t know the difference, a felony is a much, much more serious charge. Convicted felons lose the right to vote, among other things, and they can face multiple years behind bars.

Fortunately, a qualified Los Angeles criminal defense attorney, such as Michael Kraut of Los Angeles’ Kraut Law Group (6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028), can help you understand and organize a sound and ethical and logically thought defense. Attorney Kraut is an experienced, compassionate, Harvard Law School educated former prosecutor. He has the tools, connections and agility to help you fight to get to your charges dismissed or at least get the best deal possible – and help you figure out how to plan your future after you have put the incident behind you.

Continue reading "Ghastly Los Angeles DUI Sends Six Children to Hospital: One Child is Critically Injured" »

October 6, 2011

Pasadena DUI Process Waiting Game: How to Breathe Easier While Waiting for Big Decisions to Come Down

Whether you were recently arrested for a misdemeanor Pasadena DUI or busted after a vivid and scary multi-car accident sent you and several other people to the hospital, chances are you are facing a gnawing feeling of uncertainty about your future. It is often worse “not to know” what will happen to you than it is actually to get punished, because you don’t know when the hammer will fall or how hard.waiting.jpg


This post will explore this “uncertainty problem” and suggest a potent remedy to help you feel more in control of your life and your future.

Defining the Problem: Which is Worse – “Uncertain Outcomes” or “Bad Outcomes”?

The conventional wisdom will have you believe that ambiguity is not so bad, and what we really want to avoid are bad decisions and failure. In other words, human beings are rational operators. We strive for positive results, tolerate ambiguity, and kick ourselves when things don’t go our way. Indeed, much of our experience superficially supports this hypothesis.

But as anyone who has been through Pasadena DUI field sobriety tests will tell you, the worst part of the DUI experience is waiting to see whether you will be punished – and, if so, how badly. Once you hear the news – whether it’s good news, bad news, or something in between – your mind begins to process your new reality and helps you make sense of your situation. When you are left in limbo, on the other hand, your mind has nothing to cling to, and it engages in all sorts of wild scenario-making, considering both catastrophic scenarios and “too good to be true” scenarios.

Without some grounding in reality, your brain will explore the highs, the lows, and everything in between, creating fruitless exhaustion, stress, anger, and depression. This isn’t to say that you are bound to feel “good” if the judge hands down a harsh sentence and, for instance, mandates that you install an interlock ignition device. You might still feel crummy. But at least you can see the outline of your punishment and begin to think about life after it.

As a 2008 study published in the journal Psychological Science found, highly neurotic people, in particular, have difficulty dealing with uncertainty. Jacob Hirsch, a researcher at the University of Toronto, summarizes the findings of this study: “Objectively speaking, uncertainty is better than clearly negative information, but this is not true for people who are highly neurotic…those people do not deal with uncertainty very well.”

And one may make the case that certain events – e.g. getting arrested for driving under the influence in Pasadena – might make almost anyone temporarily neurotic.

Beyond the Uncertainty – Light at the End of the Tunnel

A Pasadena DUI defense attorney, such as the Kraut Law Group’s Michael Kraut (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), cannot banish all of the uncertainty from your future in one fell swoop.

But Attorney Kraut has helped many people in similarly complicated, emotionally difficult, and technically challenging legal situations, and you can draw on his powerful knowledge and experience as a former city prosecutor (14-plus years as a Los Angeles Senior Deputy District Attorney). He will help you unravel your challenges, make sense of your opportunities, and eliminate that nagging, pestering uncertainty that’s keeping you up at night, making you anxious, and impeding your ability to create a vision for your future. A Pasadena DUI should not mark the end of your life – it’s merely a challenge, and even an opportunity, to grow and become a better, more productive, more compassionate citizen.

Continue reading "Pasadena DUI Process Waiting Game: How to Breathe Easier While Waiting for Big Decisions to Come Down" »

October 5, 2011

Considering an Outrageous Long Beach DUI Defense? Ex-Detroit Lion Reggie Rogers Probably Has You Beat...

If you or someone you love has been charged with the crime of driving under the influence in Long Beach, you might feel the urge to get a little creative in your defense. Reggie_Rogers-DUI.jpg


After all, you'd like to shelter yourself from punishments like a long jail sentence, license suspension, mandatory alcohol education, fines, and the complete destruction of your personal reputation. But there are right ways and wrong ways to construct a Long Beach DUI defense. Ex-Detroit Lion Reggie Rogers, who's facing a sixth DUI (in one of his earlier other DUI incidents, he killed three teenagers), is putting up a defense that has many commentators smacking their foreheads in disbelief: is he really doing this?

Here's the scoop, per a local Detroit Fox News affiliate: “45-year-old Rogers was sentenced to one year in prison for his latest DUI, but his attorney is pleading with the judge to hear his cry and have Rogers serve his time under house arrest because the mattresses in prison will hurt his back.”

In November, Rogers’s attorney will make a case that the hard mattresses in prison will compel Rogers to undergo “another expensive surgery on his back.” The attorney is claiming that sending a patient with a bad back to prison is tantamount to “cruel and unusual punishment.”

The father/uncle of the three teens Rogers killed in a 1988 incident is not buying it. Robert Willett gave this rage-packed rebuttal: “If it’s only a mattress keeping him out of jail, I’ll buy him a mattress. So, don’t tell me because he had back surgery… if we had to let every prisoner go because they had back surgery, we’d have a lot of people out of them jails. So, it’s absolutely absurd… the only thing I ever been shocked about is he hasn’t killed anybody else.”

A legal analyst for the Fox 2 Detroit News team also found Rogers’s DUI defense preposterous: “I am outraged that he can even make such an argument… that he should be given some special treatment on a sixth drunken driving because he’s got a bad back. So, people with bad backs should get some special treatment? It’s not going to happen with this judge. It’s not going to happen with any judge. He should be in prison.”

These vitriolic responses illustrate what can happen if you concoct an absurd defense.

All that being said, you do have the right to a sound, compelling, and thorough defense; if you work with a strategic and knowledgeable Long Beach DUI criminal defense attorney, you might be surprised with the quality of your results. And you won’t need to resort to making absurd, unwinnable arguments that only earn you public derision.

The Long Beach DUI defense team at the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you understand the dos and don’ts of preparing your case. Attorney Kraut is a former prosecutor – with 14-plus years in the Deputy DA’s Office – so he knows how prosecutors think, what incentives they respond to, and how to negotiate with them. He also has a terrific rate at jury trials and a real understanding for how to build the most appropriate and successful Long Beach DUI defenses.

Continue reading "Considering an Outrageous Long Beach DUI Defense? Ex-Detroit Lion Reggie Rogers Probably Has You Beat..." »

October 3, 2011

An Absolutely Guaranteed Way to Permanently End Beverly Hills DUI

We can all agree: Southern California would be a much safer place if drivers no longer drove under the influence in Beverly Hills or anywhere else throughout the Southland. ProhibitionPoster.jpg


If no one ever got behind the wheel with a blood alcohol concentration (BAC) level of 0.08% or greater – no one violated CVC 23152 (a) or 23152 (b) – there would be fewer road deaths, fewer injuries, and significantly less property damage to boot.

And here is a foolproof way to ensure a future with a near zero rate of Beverly Hills DUI:

Reinstate Prohibition.

Our nation experimented with Prohibition back in the 1920s. Protests and entrepreneurial bootleggers’ games notwithstanding, alcohol consumption declined after national Prohibition laws passed. It stands to reason that, if there is enough willpower in Southern California to get similar legislation passed, we will likely see a similarly dramatic decline in alcohol consumption in our community. Obviously, we can never get to zero alcohol consumption because there would always be some people breaking the rules. But we can get pretty close.

Most people out there might write off this little thought experiment as silly. And it might be. But let's think about the possible consequences, as far as Beverly Hills DUIs are concerned. How many lives would be saved every year throughout California if alcohol was legally forbidden (and the law was enforced)? Dozens? Hundreds? Thousands? How many accidents would be prevented?

Say there was a new pharmaceutical drug that killed dozens of people every year due to its side effects: there would be no end to the clamor and uproar about how the government would need to outlaw the drug ASAP and punish anyone who continued to try to sell it or market it. And there would be a decent moral case for doing so. If you are going to be morally equitable, then you need to admit there is also a decent case for enforcing this kind of draconian Prohibition.

This hypothetical is meant to illustrate a point about Beverly Hills DUI policy: Draconian, “sweep all the pieces off the chess board” gestures might sound good in theory, depending on how you frame the statistics, but they come at a cost that is too great for (most) people to swallow. Like it or not, alcohol consumption is in some ways an intrinsic component of the American social landscape.

The solution to Beverly Hills DUI is not necessarily to throw the baby out with the bath water – to ban all alcohol consumption – but instead to come up with creative, strategic, scientifically grounded, and morally and ethically acceptable solutions to deter DUIs, make road safer, educate drivers, and generally work with every player in the system to protect people’s rights.

A Beverly Hills criminal defense attorney, such as Attorney Michael Kraut of Beverly Hills’ Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can help you make progress. Mr. Kraut is a regular TV and news media analyst who specializes in Los Angeles DUI and criminal defense matters, and he is also a Harvard Law School educated former prosecutor. He brings a diverse wealth of experience (and connections) to bear to help his clients make the progress they want.

Continue reading "An Absolutely Guaranteed Way to Permanently End Beverly Hills DUI" »

August 29, 2011

Long Beach DUI Field Sobriety Test with Rodney King: How Did the Police Handle It?

Last week, Rodney King – the man whose videotaped beating ultimately sparked race riots that left 55 people dead and $1 billion worth of property damaged in its wake – was charged with DUI near Long Beach.

Twenty years ago, King was stopped by LAPD officers and then beaten to near death – the tragic beating was captured on video, and it led to the indictment of four officers involved. When three of the officers were acquitted, the verdicts touched off race riots that tarnished Los Angeles’ name for over a decade. rodney-king-long-beach-dui.jpg

So how did police handle the King near Long Beach DUI stop this time?

According to news reports: relatively smoothly. CNN reported this blow by blow: "A Moreno Valley traffic enforcement unit observed King commit “several traffic violations,” although he was not cited for speeding. After questioning King, a patrol officer noted King exhibited signs of behavior that might involve alcohol or drug consumption."

King was asked to step out of the car and submit to a voluntary field sobriety test. He was “cooperative and compliant.” So no drama on either King’s part or the LAPD’s part.

Is that a sign that the LAPD has evolved or that race relationships have changed in the city?

Pundits can say what they will, but a single stop is a single stop. It’s hard to extrapolate patterns from single data points, as any good scientist would tell you.

It’s pretty amazing – given what King went through 20 years ago – that he managed to behave calmly and rationally. A Long Beach field sobriety test can be a very scary ordeal. You might be asked to engage in a series of physical and mental coordination tests, such as walk the line, finger to the nose, horizontal gaze nystagmus, counting backwards, and other balance tests. If you underperform – trip or stumble – officers might interpret your lack of coordination as a sign that you were indeed driving under the influence in Long Beach, and you could be arrested and charged pursuant to California Vehicle Code Sections 23152(a) or 23152(b).

And that’s just if you were stopped without any other complications, such as an accident, injury, hit and run, or other traffic infraction.

If you or someone you love got pulled over for Long Beach DUI, you may be bedazzled by questions, like:

• What is the best way to navigate the Southern California legal system?
• How do you build your best defense?
• How do you make sure that the police and prosecutors treat you fairly?
• How do you avoid making mistakes or giving statements that could compound your legal woes?

A Long Beach criminal defense attorney at the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you understand what to do – and, possibly more importantly, what not to do. Attorney Michel Kraut spent over 14 years as a Senior Deputy District Attorney for the City of Los Angeles (a prosecutor of crimes like DUI), and he has a fantastic track record for developing strategic, effective, and aggressive defenses for DUI clients.

Continue reading "Long Beach DUI Field Sobriety Test with Rodney King: How Did the Police Handle It?" »

August 12, 2011

Pasadena DUI Arrest and Political Drama: PA Representative Joe Brennan Arrested with a BAC of 0.30%!

The law says, quite clearly, that driving under the influence in Pasadena is illegal. If you are caught breaking the law, you can face an unpalatable gamut of punishments, including jail time, fines, fees, a damaged reputation, suspended license, mandatory interlock ignition device installation in your car, and so on and so on. Yikes.joe-brennan-DUI.jpg


The point is: the law is crystal clear. As it is elsewhere in the United States.

Nevertheless, even lawmakers themselves time-to-time violate it!

Here's a case in point. Way out in Bethlehem, Pennsylvania, PA State Rep Joe Brennan got arrested for driving with a BAC of 0.30% – nearly four times the legal limit for Pasadena DUI, according to California Vehicle Code Section 23152. Last Tuesday, the Democrat abandoned his right to a preliminary hearing, and his stunningly high BAC was made public.

Due to the extremely high BAC, Brennan faces steeper charges that could net him fines of up to $5,000, a full year license suspension, and up to half a year in jail. This judge called the Rep’s BAC “alarming.”

The 47-year-old got arrested back in late June. According to court reports, he had been weaving all over the road. His driving was so horrific that another driver, Angel Hernandez, called 911 to report him. Eventually, he pulled into a parking space, hopped out of his car and promptly fell and hit his head really badly. Another driver, Angela Cartwright, saw Brennan fall. Bystanders helped him up… and he hopped into his car and drove away.

Later, police reported that Brennan “had a strong odor of alcohol on his breath.” He also had slurred speech and bloodshot eyes. These are all common symptoms of Pasadena DUI. (Other common symptoms include loss of coordination, inability to answer police questions coherently, conflicting stories, aggressive or odd behavior, inability to complete field sobriety tests, and failure to pass a breathalyzer test.)

A competent Pasadena criminal defense attorney, such as Mr. Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can help you identify and address the problems you face, so you can begin to constructively deal with them – and avoid causing yourself new problems.

If you did get pulled over with a very high Pasadena DUI BAC -- or you destroyed property, committed a hit and run, or even hurt another person while under the influence -- now is the time to make resourceful, appropriate, sensible decisions. Connect with Mr. Kraut (a former city prosecutor) to discuss your concerns and a better way forward.

Continue reading "Pasadena DUI Arrest and Political Drama: PA Representative Joe Brennan Arrested with a BAC of 0.30%!" »

July 27, 2011

Pasadena DUI Arrest Propensity: Does It Run the Family??

If you or someone you know has been recently arrested for driving under the influence in Pasadena, inevitably, when you discuss your situation, you and your fellow armchair pundits will bring up the concept of “genetics.” gardner-dui.jpg


How might your genes (or your friend or family member’s genes) have played a role in the accident and/or arrest? Might there one day be a gene that scientists can target to eliminate problems like DUI in Pasadena, Burbank DUI, Glendale DUI, and Los Angeles DUI?

There is obviously some link between alcoholism and genetics. But how sturdy a link? No one really knows.

A crazy story last week out of Idaho Falls, Idaho suggests that genes may have a lot more relevance than the policy community acknowledges. 51-year Diana Gardner and her daughter, 28-year old Alisha Gardner, got arrested for DUI in Idaho Falls in totally separate incidents within a single hour of one another! Amazing.

A blog post at gather.com can fill us in on the details. Allegedly, a sheriff’s officer had seen the younger daughter "swerving and crossing the central line, posing an extreme threat to other drivers in the area. Her blood alcohol level was measured to be twice the legal limit. Within that same hour of time, [Alisha’s mom] drove out to her daughter’s car in order to retrieve the dog. When she arrived, the same officer smelled alcohol on her and had her go through a test as well. Diana Gardner’s blood alcohol level came back at twice the legal limit as well, netting her a jail cell right along with her daughter."

At first blush, you might immediately leap to judgment: something is clearly wrong with both the mother and the daughter! Maybe they both have a genetic propensity to alcoholism, you might muse. Or maybe they both have genetic propensity to make poor driving decisions. Who knows.

But a deeper and more subtle (and interesting) reading of the story could be as follows. We all know that biochemistry can impact your Pasadena DUI breath test. Some people, for instance, process alcohol differently than others. It’s been proven that men process alcohol differently than women do. And that diabetics underperform on breath tests.

So maybe -- just maybe -- both Gardners have a genetic propensity to perform poorly on breath tests. In other words, maybe these women are genetically predisposed to process alcohol in a way that makes “false positives” for DUI more likely. Now, since these women were both allegedly twice the legal limit for Idaho Falls DUI, this hypothetical is probably moot.

But say they both tested right at the cutoff line for DUI – 0.08% BAC for a Pasadena DUI. Then more subtle factors, like a genetic predisposition to “test badly” on breathalyzers, might come into more play.

The general point here is that, when it comes to DUI charges, there is often more than meets the eye. But to probe your case and tease out “out of the box” defenses, you want to be sure to work with a Los Angeles criminal defense attorney who has plenty of experience, a great reputation, and a deep understanding of the applicable law. Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can guide you and help you build a strong case.

Continue reading "Pasadena DUI Arrest Propensity: Does It Run the Family??" »