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 4, 2012

481 Long Beach DUI Convictions?? Not That Many, but Still a Ridiculously Large Number…

How many Long Beach DUI convictions should a person be allowed to rack up before that person is removed permanently from society? long-beach-dui-multiple-arrests.jpeg


This is not a purely theoretical question. In fact, a Bloomingdale, Indiana man, 49-year-old William Dietrich, was sentenced last Monday with two decades behind bars for his 11th DUI conviction since 1982. A local newspaper summarized the checkered, disturbing history of the defendant: “In addition to the April charge, Dietrich received DUIs in McLean County in 1982, 1985, twice in 1986, 1989, 1991, 2000, 2002 and 2005. He also was cited for the offense in 2007…a conviction that resulted in an 8-year prison sentence." Dietrich was released on parole in September 2010 on that charge, but returned to prison for violating the terms of his release after the 2011 charges.

Dietrich’s odyssey is not typical for a Long Beach DUI defendant. But his escalating punishments – and the reasons behind those punishments – serve as a powerful cautionary tale. Consider what Indiana attorney Jane Foster said about Dietrich’s situation: “[The State of Indiana] has made repeated efforts to stop and change this defendant's behavior through fines, jail, prison, treatment, probation, parole and revocations of his license. Since he has refused to comply with the law and to stop driving under the influence, our office wanted him removed from society.”

California also has an escalating system of punishments. Any Long Beach DUI conviction is a blemish, and you could face jail time even for just one DUI event – particularly if you caused injury to someone else or engaged in other crimes while DUI, such as hit and run, assault, etc. If you get three or more Long Beach DUI convictions within a 10-year span, prosecutors might be able to charge with you a felony instead of a simple misdemeanor. This could be in addition to escalating penalties – hiking up your fines and fees, increasing the amount of mandatory alcohol school and the strictness of your probation, etc.

Dietrich’s odyssey raises questions about what can be done to stop and, ideally, treat seriously recidivist Long Beach DUI drivers. Why did treatment and rehab fail for him? Is Dietrich just a rotten apple? Or did the problems stem from ineffective punishment and/or treatment? All of the above? None of the above? Did he have brain damage or a mental illness? Without more information about his case, it’s impossible to judge.

And that, in essence, is the point.

If you or someone you care about has been arrested more than once for a Long Beach DUI, you need to drill down to the root of your problem. An experienced, compassionate Long Beach DUI criminal defense attorney at the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you come to terms with your charges and what to do about them. Attorney Michael Kraut is a well-known and well-respected former prosecutor.

Continue reading "481 Long Beach DUI Convictions?? Not That Many, but Still a Ridiculously Large Number…" »

December 28, 2011

2011 In Memoriam: Burbank DUI Blog Reflects on the Sad Passing of Amy Winehouse

Amid all the sordid (and often funny) stories of celebrity Burbank DUI, let's take time to reflect on some of the sobering, tragic events of the past year. After all, it’s one thing to get lost in the stories about Demi and Ashton’s breakup, the rise and fall of GOP hopefuls like Herman Cain and Michele Bachmann, the discovery of earth-like planets just a few light years away, etc. But if we ever hope to make progress fighting Burbank DUI and making our roads safer, it behooves us to examine the scary and often fatal consequences of inappropriate relationships with alcohol.amy-winehouse-DUI-lessons.jpg


Pop singer Amy Winehouse died July 23, after a long and very public battle with alcoholism and substance abuse. Winehouse won fame and admiration, thanks to her raw, sultry voice; her songs contain brutally honest confessions about her battles with her demons and voice defiant posture towards her addiction treatment. In her most famous song, “Rehab,” she sings “they tried to make me go to rehab: I said no, no, no.”

The authenticity of her voice and lyrics – the rawness and realness of her personal struggles with addiction – captured international attention because they made Winehouse a real, sympathetic, and dynamic character. These battles ring true for so many of us – particularly for those of us who have ever been arrested for driving under the influence in Burbank or elsewhere in the Southland.

Many of us understand firsthand how difficult it can be to face up to the root causes of our Burbank DUIs, and many of us are also plenty skeptical about typical rehabilitation programs, some of which have pretty abysmal track records. Some studies suggest, for instance, that Alcoholics Anonymous’ success rate may be as little as 5% over the long term.

What Winehouse’s ordeal teaches us is that we need to get help before our Burbank DUI problems metastasize and cause even more damage. Your journey begins with getting the right help at the right time. Attorney Michael Kraut of Burbank’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you uncover not only the best strategy for your defense but also the best strategy for rebuilding your life and solving the deeper problems that got you into legal trouble in the first place. Mr. Kraut is an experienced Burbank DUI criminal defense attorney – a former prosecutor with a Harvard Law School education – and he can help you solve your problems.

Continue reading "2011 In Memoriam: Burbank DUI Blog Reflects on the Sad Passing of Amy Winehouse" »

December 5, 2011

Will Beverly Hills DUI Defendants Like or Loath TLC’s New Show “DUI”?

Perhaps you already follow the latest Beverly Hills DUI news in the tabloids or on the blogosphere. Or maybe you stick to more “serious” sources of DUI news, such as news reports or even professional analyses of DUIs. tlc-dui-show.jpg


But even if you scour all these sources, you will come up with a rather superficial understanding of what’s like to be a Beverly Hills DUI defendant, and you may not learn much meaningful information to:

A) Help you avoid getting into DUI trouble in the first place;

B) Help you understand what to do (and more significantly, what not to do) after you’ve been pulled over for driving under the influence in Beverly Hills or elsewhere in the Southland.

Fortunately, you now have a novel way to "pull back the curtain" and see what Beverly Hills DUI defendants really experience.

The TLC Network launched a new show last week called “DUI” in the spirit of reality TV shows like Cops and Jail. Reviews for the show generally have been positive. The Washington Post’s blog called the show “irresistible” and discussed how the show is interested in going deeper – actually following motorists “after they failed sobriety test… days and weeks into court appearances and the punitive phase of their charges.”

The Washington Post review also said that “What’s emphasized here are the disastrous financial and personal losses that come for everyday working folks arrested for DUI. Granted, they should never have been behind the wheel, but “DUI” is surprisingly uninterested in MADD-style scolding and more focused on legal process. It’s also refreshingly empathetic to everyone involved.”

This last point is absolutely crucial, and it is also wonderful.

It’s so easy in today’s world – where we’re berated with twitter-esque headlines 24/7 – to demonize people, judge them, blame them, categorize them, etc. Instead, we can learn a lot more – and protect our roads a lot better – if we focus on empathy. What feelings did you feel when you were pulled over for driving under the influence in Beverly Hills? How could your needs have been met differently that evening? Unless we ask questions like this – probing to the heart of the problem – our punishments are going to be superficial, relatively useless, and certainly damaging to defendants.

If you’ve been struggling with a DUI charge – fretting about what might happen to your license, your job, your pocket book, or even your freedom – you likely need the assistance of a qualified and highly experienced Beverly Hills DUI defense attorney. The Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) is dedicated to providing empathetic, substantial, and powerfully strategic services for defendants. Connect with the former Deputy DA and Harvard Law School educated Attorney Kraut today to explore the most effective solution for your DUI problems.

Continue reading "Will Beverly Hills DUI Defendants Like or Loath TLC’s New Show “DUI”?" »

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 3, 2011

Lindsay Lohan’s Never Ending Los Angeles DUI Complications – Part 2

Out of all the celebrities who’ve ever been arrested for driving under the influence in Los Angeles, few if any have generated more riveting legal headlines than Lindsay Lohan.lohan_playboy_dui_los-angeles.jpg


Ms. Lohan’s 2007 arrest for Los Angeles DUI was a relatively staid affair: she did not hurt anyone while driving DUI; she didn’t resist arrest in some crazy fashion; and didn’t have a BAC in an “out of this world” range (e.g. 0.48% or something). But in the years since her arrest, Lohan has returned again and again to the national spotlight for legal problems, including charges of probation violation, stealing jewelry, and even trying to duck out of her community service obligations at the County Morgue.

25-year-old Lohan's parents have also earned a reputation for flouting the law. Last week, for instance, the actress's father was arrested on two separate occasions for domestic violence and resisting arrest, after he allegedly beat-up and then subsequently harassed his ex-girlfriend, Kate Major.

Lindsay was long ago the picture of wholesomeness. She starred in movies like “Freaky Friday” and Disney TV specials. She has now upped the ante, in some sense, by offering to strip nude for Playboy Magazine for approximately $1 million.

TMZ.com reports that Playboy originally offered her $750,000, but she turned down that offer to ask for a cool million. Obviously, Lohan’s experience with Los Angeles DUI – and her other legal troubles – is not typical. In other words, if you or someone you care about has recently been arrested for a similar crime, you probably should look for other defendants to model. But the extravagant coda to her Los Angeles DUI arrest does give us some universal lessons about what to do (and what not to do) as a defendant.

The most crucial lesson is this: what you do after an arrest can magnify future punishments.

For instance, let’s say you got arrested for driving under the influence in Glendale after you got stopped at a checkpoint. Then you failed some Glendale field sobriety tests. If you go to a Glendale criminal defense attorney, like Michael Kraut at the Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123), and you avoid doing or saying anything that might comprise your case or give police and prosecutors ammunition, you might be able to fight the charges successfully.

However, if you make mistakes or omissions after the fact – fight with the arresting officers, for instance, or ignore what your attorney tells you, or get into additional legal trouble – then your situation becomes more complicated. The courts will consider not only the facts of the arrest itself but also your character and how you’ve displayed contrition (or lack thereof) since the arrest.

Fortunately, you don’t have to navigate the whole post-Glendale DUI arrest situation by yourself. Michael Kraut, an experienced former prosecutor with great connections and a fantastic track record for success, can help you.

Continue reading "Lindsay Lohan’s Never Ending Los Angeles DUI Complications – Part 2" »

October 26, 2011

Long Beach DUI Consequences Can Be Brutal, Politically and Otherwise – Just Ask Republican State Senator Randy Hopper…

Getting pulled over for driving under the influence in Long Beach or anywhere else throughout the Southland (or the U.S.) can be a humiliating experience. The level of humiliation gets ratcheted up substantially, however, if you happen to be a public, elected official.HOPPER-RANDY-DUI-long-beach.jpg


When lawmakers, police officers and others entrusted with the public good do bad things – such as drive DUI in Long Beach or elsewhere – the media pores it on.

Consider last week’s arrest of ex Wisconsin state senator Randy Hopper, who, per a story in the Green Bay Gazette, got pulled over in a Wisconsin parking lot, after witnesses saw him nearly collide head first with another car. Officers administered field sobriety tests to Hopper. He apparently failed, big time – he could not balance, could not say the alphabet, etcetera.

After his arrest, Hopper pleaded with the arresting officer, Deputy Nicholas Venne: “Will you put down there that you didn't think I was that I (was) driving; you never saw me driving; you don't know I was driving. I didn’t do anything illegal.” Hopper refused an evidentiary breath test, but jail staff did get a preliminary breath test which suggested that his BAC was around 0.13% -- significantly higher than the cut off for Long Beach DUI of 0.08%, pursuant to California Vehicle Code Section 23152.

To put it mildly – Hopper has not had a shining last few years. In a recent election, Hopper lost his senate seat to democrat Jessica King by a margin of 51% to 49% -- analysts believe that the razor thin defeat was fueled in part by Hopper's messy divorce. He apparently left his wife for a lobbyist, Valerie Cass, who witnessed the arrest. According to one report, Cass “reportedly became upset… and yelled at the family who had called the police.”

So what are some lessons this story can teach Long Beach DUI defendants?

1. What you say or do after your DUI arrest can matter – and come back to haunt you.

The fact that Hopper blew a 0.13% BAC preliminary breath test and uttered recorded comments to Deputy Venne may complicate his legal defense.

2. Anyone can get tagged with a DUI.

Just because you are an elected official or a police officer or some other “special person” does not immunize you from the consequences of driving DUI in Long Beach.

3. Your choice of Long Beach DUI defense attorney is pivotal.

The quality of your legal defense can fundamentally influence your potential sentencing – as well as your ability to rebound, long-term, from what happened to you. Michael Kraut of Long Beach’s Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) is an experienced former prosecutor with a phenomenal success rate at jury trials and a great reputation within his industry. Judges, former prosecutors, and others in the system all greatly respect him.

Continue reading "Long Beach DUI Consequences Can Be Brutal, Politically and Otherwise – Just Ask Republican State Senator Randy Hopper…" »

October 21, 2011

Beverly Hills Field Sobriety Test Cautionary Tale: Former CEO of Chicago Tribune Busted for DUI in Cincinnati

Last week, Randy Michaels, the former Chief Executive of the Tribune Company (owner of the Chicago Tribune, among other media holdings) was arrested near Cincinnati. If you or someone you care about is facing similar charges after failing a field sobriety test in Beverly Hills (or elsewhere in the Southland), Michaels’ ordeal may be quite instructive.randy-michaels-DUI.jpg


Although blogs and media outlets around the country reported on the arrest, it was most interesting to read the Tribune’s own report about the paper’s former boss. According to an October 14th article in the Tribune, "the media scion was arrested on 2 A.M on Friday the 14th near Ohio Highway 122 and Interstate 75." The Tribune reported that “police found his car stuck in mud with water up to the vehicle's frame in a construction zone… an officer who approached the car said he smelled alcohol on Michaels' breath, noticed his eyes were bloodshot and described him as being “unsteady” on his feet."

As regular readers of this Beverly Hills DUI blog know, those are classic Beverly Hills DUI symptoms.

Michaels was also put through the paces of field sobriety tests – three times – including stand on one leg, and walk the line. Police reports said that Michaels could only balance on his leg for about 3 seconds – a classic indicator that something was either amiss with his vestibular system or that he was under the influence of alcohol or other substances.

After the arrest, Michaels was bought to a city jail in the nearby town of Middletown. After consulting with a lawyer, Michaels refused to take a breathalyzer test at the jail. He was released after posting a bail of around $600.

Michaels took over the Chicago-based Tribune Company in 2007 but departed last year amid allegations that he had brought a “frat house culture” to the corporate offices of the Tribune.

Are there lessons here? Sure.

First of all, it is interesting to note the difference between Michaels’ reaction to his arrest (he called his attorney instead of submitting mindlessly to a breathalyzer test) and to contrast his actions with the actions of other DUI suspects we’ve recently blogged about. If you recall from a few blog posts ago, we talked about how drivers often make impulsive, irrational, destructive decisions AFTER getting arrested that redound to massively complicate their cases.

So here is a takeaway – and it is a takeaway that cannot be stressed enough: even if you’ve made terrible mistakes, such as driving DUI in Beverly Hills with injury, it’s never too late to start making rational, accurate and strategic decisions.

A competent Beverly Hills DUI attorney can help you know what you need to do. Connect with Michael Kraut of Beverly Hills’ Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) today to discuss your needs and concerns. Attorney Kraut is a very reputable former prosecutor (also Harvard Law School educated) with the knowledge, knowhow and connections to give you best service.

Continue reading "Beverly Hills Field Sobriety Test Cautionary Tale: Former CEO of Chicago Tribune Busted for DUI in Cincinnati" »

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" »

September 26, 2011

Beverly Hills Drug DUI News Update: Witness in Michael Jackson’s Doc’s Trial Goes MIA!

This blog typically focuses on news stories, advice, and tips to help defendants charged with crimes like Beverly Hills DUIs understand their options, build better defenses, and stay out of trouble. dr-conrad-murray-los-angeles-medical-crime.jpg


But considering that the trial of the late Michael Jackson’s doctor, Conrad Murray, has consumed more than its fair share of media oxygen, it may be useful to address this admittedly amazing and scary story in this space.

After all, Murray's trial contains many hidden lessons that can help Beverly Hills DUI defendants understand their challenges, avoid mistakes, and get help before it’s too late.

Prosecutors allege that Dr. Conrad Murray prescribed controlled substances for Jackson, such as the drug propofol, and that the doctor’s reckless care contributed to the pop star’s untimely demise. Prosecutors had been counting on testimony from a Las Vegas pharmacist named Tom Lopez, who was set to testify that Dr. Murray had received huge amounts of propofol -- the drug that allegedly killed the King of Pop. Unfortunately for the prosecution, Lopez skipped town… in a major way. He is now apparently living in Thailand.

Whether Murray received massive amounts of propofol – and handed them off to Jackson – will be pivotal to the case. According to a coroner’s report, the King of Pop died in June of 2009 due to an overdose of the lethal combination of propofol and other drugs.

In August 2009, agents from the DEA raided Lopez’s company, Applied Pharmacy Services, and “seized computers, hard drives and other documents relating to prescriptions for controlled substances written by Dr. Conrad Murray for Michael Jackson and shipping information regarding drugs that may have been sent to Dr. Murray.”

The prosecution wants to read Lopez’s testimony, but the defense is arguing that they wouldn’t have the opportunity to cross-examine Lopez, so the evidence should be kept out of the trial.

So, what lessons can drug Beverly Hills DUI defendants learn from what’s happening?

1) First of all, unexpected weirdness can emerge before, during, or after a trial.

No one anticipated that Lopez would zip halfway across the globe and cause a pivotal legal battle before the trial.

2) Traces of your crime can be found far and wide.

Likely, Dr. Murray did not anticipate that his conversations with a Vegas pharmacist would one day become the center of a legal battle. Thanks to prosecutorial investigation techniques and technology, evidence against you can come from a surprisingly diverse array of sources.

3) The quality of your Beverly Hills DUI criminal defense attorney matters.

Your legal representative’s tenacity and acumen can make a profound difference in your case. Will certain evidence be allowed or disallowed? What precision techniques will work on a jury and what ones won’t? Small nuances – differences between a “good” and “great” Beverly Hills DUI attorney – can translate into widely disproportionate outcomes. A good attorney, for instance, may be able to get you off with a two-year jail sentence. But a great attorney might be able to get the charges dismissed altogether. (Obviously, everything depends on circumstances and context.)

For help with your Beverly Hills DUI charge, connect with the team at Beverly Hill’s Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Michael Kraut is an experienced, Harvard Law School educated ex-prosecutor with the connections, legal understanding, compassion, and tenacity to serve you well.

Continue reading "Beverly Hills Drug DUI News Update: Witness in Michael Jackson’s Doc’s Trial Goes MIA!" »

September 23, 2011

Long Beach Celebrity DUI Stories: Do They Help or Harm the Public?

From Perez Hilton on downwards, bloggers and other media players who cover stories about driving under the influence in Long Beach (and elsewhere in SoCal) love to obsess over, speculate on, and pontificate about celebrity DUI arrests. The blogosphere lights up whenever a politician in Oregon is busted for riding his lawn mower while DUI, a pop star princess is busted for a Long Beach drug DUI on a return trip from Vegas, or a football player embarrasses his franchise by hitting three parked cars in one night after partying with his pals at a fancy South Miami club.perez-hilton-celebrity-DUI.jpg


Obviously, these cases are entertaining, though theories abound as to why. Some deep thinkers suggest that the whole “let’s take a celebrity down a notch or two” attitude has its roots in the nature of the American myth. Others point to more simplistic Freudian and other physiological reasons. Irrespective of why we engage in voyeurism over celebrity DUI arrests, we do it.

A better question is: Is this media coverage helping people, harming them, doing both or doing neither? Let’s take a look at each of these possibilities.

Helping People

When the blogosphere exposes the latest careless or negligent celebrity, he or she is often painted as a clown or a danger to society. In other words, you don’t want to emulate that person. Thus, one can argue that Long Beach celebrity DUI news serves as a social deterrent.

The coverage also raises discussions about the perils of DUI driving by ruminating over the punishments (jail time, license suspensions, destruction of reputation, you name it), and thus these stories can serve as cautionary tales.

Hurting

On the flipside, one could make a compelling argument that these stories cheapen the problem of DUI. Since these stories circulate so often, our impression is that this is a relatively common thing to do. If people we look up to are doing it, we can probably do it ourselves.

Then there is also the problem of celebrities “getting off” relatively easily. For every story about Lindsay Lohan being tearfully condemned to a jail sentence, you can find three or four Long Beach celebrity DUI stories about football players, politicians, pop stars, etc. getting off with a proverbial slap on the wrist. Readers might be led to believe that driving DUI is (relatively) inconsequential.

The Neutral

Some readers might think this analysis is unnecessary, that a news story is just a news story. Drivers don’t really “take their cues” from what celebrities do or do not do on the roads. And there might be some truth to this side as well.

All of the Above

We also need to consider that there might be some truth to all three positions. Depending on the circumstances –the celebrity involved, the nature of the offense, your ability to relate (or not) with the celebrity, etc. –a news story might be helpful, harmful, or neutral to you.

For practical help with a Long Beach DUI, turn to an experienced attorney: Mr. Michael Kraut of Long Beach’s Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Attorney Kraut is a Harvard Law School educated former prosecutor who can give you powerful advice about how to deal with any charges, no matter how complex.

Continue reading "Long Beach Celebrity DUI Stories: Do They Help or Harm the Public?" »

September 7, 2011

Beverly Hills DUI with Alcohol News – Happiest Night of Couple’s Lives Ironically Ends with Their Car Twisted around Utility Pole

A Beverly Hills DUI accident is, almost by definition, an ironic affair. The public imagination associates Beverly Hills with luxury, the good life, and good health and spirits. Likewise, when we think of “DUI” we think of horror stories, cars wrapped around telephone poles, mothers and children crying, and other ghastly images. In other words, when we combine these two images in our minds, we get a kind of dissonance. It’s like thinking of chocolate-covered brussel sprouts – the two things don’t go together.wedding-night-dui.jpg


Likewise, when we think of people getting married, we think of happy occasions, such as singing, dancing, merrymaking, and jubilation. The last thing we think of is DUI. But a tragic accident in Western Pennsylvania highlighted how even life’s most happy events can be tarnished – suddenly and surprisingly – by things like a Beverly Hills DUI.

According to the Houston Chronicle, 56-year-old Billy Leroy Peroney was driving home from his own wedding reception with his blushing new bride, Kelly, when Paroney lost control of his vehicle while passing another car and slammed into a utility pole. The force of the impact was so powerful that it ricocheted the vehicle into a nearby house. The Houston Chronicle reported that Kelly was airlifted from the accident; as of the most recent report, there was no information on her condition. Billy Paroney was put through a field sobriety test; and he admitted to consuming alcohol prior to the accident.

Beverly Hills DUI sobriety tests
– such as walk the line, finger to the nose, count backwards by threes, say the alphabet backwards, stand on one leg, and horizontal gaze nystagmus – are unpleasant and scary. But if you fail your Beverly Hills FSTs, you are guilty, right? Not so fast. Indeed, there are many reasons why you think you might underperform on FSTs that have absolutely nothing to do with the amount of alcohol you did or did not consume. These include:

• Your level of fatigue (if you are tired, you might stumble and fumble);
• Your level of fear or anxiety (who hasn’t done the equivalent of forgetting a big line in a play when they are under pressure?);
• Police error, overestimation, or misjudgment of your behavior;
• Your natural habits and tendencies (maybe you are just a klutz by nature);
• Interference from other, non-alcohol factors, such as illness, disease, or other medication that you are legally allowed to take.

A Beverly Hills DUI defense attorney, like the Kraut Law Group’s Michael Kraut (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can help you unpack possible plans to fight back against the charges and make sure that you are treated justly and fairly. Attorney Kraut is an experienced former prosecutor, and he has the wherewithal and the resources to help you.

Continue reading "Beverly Hills DUI with Alcohol News – Happiest Night of Couple’s Lives Ironically Ends with Their Car Twisted around Utility Pole" »

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 25, 2011

Pasadena DUI Penalties for Six-time DUI Offenders – Do they Match Penalties for Greenville, South Carolina, Offenders?

What might happen if you got arrested and charged with driving under the influence in Pasadena six times in a single calendar year? warren-brooks-dui-6-times.jpg

What might that experience teach you?

Let’s not jump to conclusions. There is always the possibility that you were just unlucky. Or maybe a local police officer has it out for you because you two got into a bar fight once, and he hasn’t let the grudge go. It’s possible. But if you’ve been arrested and charged with DUI six separate times in a single year – like Greenville, South Carolina, resident Warren Brooks – maybe it’s time to have a serious heart-to-heart with a therapist to find out what’s at the core of your bad decision making and risky behavior.

That’s right – this actually happened to somebody.

Accordingly to WSOCTV.com (a South Carolina-based TV station website), Brooks was pulled over and arrested for DUI six times within a calendar year.

Here is a quote: “Brooks’ first driving the under influence charge occurred in August 2010. The second charge came in May. His third and fourth followed within two weeks. The fifth charge in June involved a hit and run, and he had to post higher bond amounts of $25,000 for DUI and $10,000 in the hit and run charge. The sixth DUI charge was in July, according to police reports and court records.” Greenville County Chief Prosecutor Walt Wilkins criticized Brooks’ behavior: “This is one of the most egregious cases that we’ve seen in a long time…obviously, he has an issue with alcohol.”

Brooks’ lawyer publicly stated that his client has never been in legal trouble prior to this spate of charges: “He is a very intelligent man…his life just spiraled out of control.”

Look, sometimes in life we face unlucky streaks: we make bad decisions often. That’s life.

Unfortunately for defendants, Pasadena DUI penalties ratchet up every time you are convicted of an offense. For instance, if you are a first time offender, you might face a misdemeanor. The consequence could be dire, but not end-of-the-world dire: 40 hours in jail, $1,000 fine on top of court costs, six weeks to nine months of DUI alcohol school, one year suspended license, mandatory installation of an interlock device in your car in some cases, and tough probation terms.

But if you are arrested for a second time, third time, fourth time, or, unbelievably, sixth time, the penalties become harsher. For instance, a fourth-time Pasadena DUI offender – someone who commits four DUIs within a 10-year span -- faces a minimum of 180 days in a jail, just for a misdemeanor! Stack on: a four-year license suspension, 30 months of alcohol school, three year license suspension, and a variety of other punishments, including the possibility of escalating that misdemeanor charge to a felony.

Once you get on this rollercoaster of multiple charges and losing control in general, it’s hard to hit the metaphorical brakes in your life.

That’s why attorney Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is a strong advocate for strategic defense thinking. You need to think long term. It’s not just about getting yourself exonerated from, or minimizing, your current penalties. Yes, those are important. But your challenge is also about probing deeper, trying to identify the fundamental causes driving your Pasadena DUIs or criminal behavior, addressing those, rebuilding your confidence, and getting your life back on track. You don’t have to figure this out all on your own. A Pasadena criminal defense attorney can help you understand your rights and figure out what to do next.

Continue reading "Pasadena DUI Penalties for Six-time DUI Offenders – Do they Match Penalties for Greenville, South Carolina, Offenders?" »

August 10, 2011

Long Beach DUI Penalties: A Cautionary Tale, as Former NBA Star Starts 20-Day Jail Sentence

Let’s get this straight: driving under the influence in Long Beach is a crime. A major one.jalen-rose-dui.jpg


Depending on how you defend yourself (e.g. whether you consult with an experienced Long Beach criminal defense attorney or not), as well as the circumstances of your Long Beach DUI arrest, you can face truly horrific punishments, such as jail time. It doesn’t matter whether you are a celebrity, political superstar, rock star, or athlete.

Just ask Lindsey Lohan.

The latest proof that Long Beach DUIs can and will be punished -- hugely -- comes out of Pontiac, Michigan, where Jalen Rose, a former NBA player and ESPN analyst, started a 20-day jail sentence pursuant to his March arrest in West Bloomfield Township for DUI. According to an Associated Press article, “Rose crashed his sports utility vehicle… after drinking 6 large martinis. The 38-year-old pleaded guilty in May.” According to the AP story, the judge who sentenced Rose was known for “tough punishments.” 20 days behind bars is anything but light, especially since the analyst didn’t hurt anybody (expect for his car) in the disaster.

The story illustrates a truism about Long Beach DUI punishments. Namely, you can never identify in advance all the possible “X factors” that can lead to better (or worse) outcomes for your case. Here are some X factors, over which you have little to no control:

• Judge has a reputation of being unusually harsh;
• Police officer who arrested you (for whatever reason) has some sort of grudge;
• You can (or cannot) find compelling exonerating evidence;
• Your can (or cannot) win sympathy from a judge or mercy from prosecutors.

So there are so many factors outside of your control. Focusing on them can be depressing.

But fortunately, you can leverage factors within your control to get (probably) far better results than you likely realize is possible right now. In other words, don't say: “this is all so unfair. The police, prosecutor, judge, [insert other villain here] is against me. I have no hope.”

Instead, focus on being resourceful. What is true about your situation now? What do you want out of your situation in terms of preventing punishments and protecting privileges and rights?

Once you are very, ultra clear about where you are and where you want to be, you can start collecting resources to achieve that reality faster and more efficiently.

One great potential resource is Attorney Michael Kraut of the Kraut Law Group (located in Long Beach at: 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) Mr. Kraut is an experienced former prosecutor who is often called upon as a legal expert by major media throughout the Southland. As a former prosecutor, he understands how other prosecutors think and react, and he can use his insight and knowledge to build a better case for you.

Continue reading "Long Beach DUI Penalties: A Cautionary Tale, as Former NBA Star Starts 20-Day Jail Sentence" »

July 15, 2011

Beverly Hills DUI Celebrity Update: Rick Springfield Pleads Not Guilty to Malibu Charges

When a celebrity like famous 80’s rocker Rick Springfield faces a charge like driving under the influence in Beverly Hills or Malibu, you can be sure that tabloids and websites like TMZ.com will be all over the story: speculating, criticizing, and occasionally sympathizing with the famous person at the center of the storm. Rick_Springfield_DUI.jpg


If you or someone you care about has recently been hit with a similar charge, such as Glendale DUI, DUI in Pasadena, DUI in Los Angeles, or driving under the influence in Burbank, you might follow these celeb arrests particularly closely – not only to see whether they might have indirect bearing on your case but also to learn more about how defendants deal with them, functionally and dysfunctionally.

Before we get into too much speculation, let’s take a closer look at what happened to Springfield. On May 1, as this blog reported, the “Jessie’s Girl” singer got stopped on Pacific Coast Highway in his 1963 Corvette – allegedly he had been speeding. The 61-year-old Springfield took a blood alcohol test and scored 0.10% BAC – as regular readers of this Los Angeles criminal defense attorney blog know, a BAC level of over 0.08% constitutes a DUI level of intoxication, according to California Vehicle Code 23512(b).

As this blog also tries to hammer home, just because you fail a Beverly Hills breathalyzer test, field sobriety test, or even blood test does not mean that you will be convicted of charges. Springfield, for instance, pled not guilty through his lawyer last Tuesday in Malibu. His case is relatively straightforward (or at least it appears to be, from news stories). His misdemeanor DUI charge is not associated with injuries, hit and run, or other criminal or logistical complications.

Not every defendant faces such simple charges. You might face extra legal trouble and hurdles if you have previously been convicted for a DUI or other criminal charge, if you hurt someone during your DUI, if you engaged in a “hit and run” accident or acted belligerently or inappropriate to police at the scene, etc.

One of the keys to success is acknowledging your specific reality – your concerns, values, fears, and potential punishments. The details of your DUI case matter profoundly – as does your choice of legal representative. Beverly Hills’ Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) can not only advise you about your rights but also help you uncover unique and extremely helpful strategies to battle charges, potentially get them dismissed, and get your life back on track. Attorney Kraut is a well respected former prosecutor (14+ years as a Senior Deputy DA). His combined experience from both sides give him an advantage that few other defense attorneys have.

Continue reading "Beverly Hills DUI Celebrity Update: Rick Springfield Pleads Not Guilty to Malibu Charges" »

June 15, 2011

Beverly Hills DUI? How About the Opposite – DUI in Middle of Yellowstone National Park!

Let’s face it: There are a lot more stories about celebrities driving under the influence in Beverly Hills and similar places (e.g. Burbank DUI, Pasadena DUI, Glendale DUI, Los Angeles DUI) than there are newsworthy events about people driving under the influence in national parks. And for good reason. The Southland is replete with millions of drivers, all of them competing to survive countless SIG alerts, smog, and each other. Out in the wide open, there are simply fewer cars and fewer chances for collisions or other problems.Yellowstone_DUI.jpg


All that said, occasionally, wild stories do come literally out of the middle of nowhere. To wit, consider the case of two bus drivers accused of driving DUI in the middle of Yellowstone National Park while transporting middle school students. Park rangers arrested the two drivers from Karst Stage (names have not yet been released) near the north entrance. KBZK TV reported that the drivers were transporting nearly 100 7th graders from a local Montana elementary school. The owner of Karst Stage, Jerry Perkins, said the company complies with DOT policies and requires third-party drug testing for its employees. In a written statement, Perkins said: “We are reviewing our safety practices to determine what improvements may be made and are very thankful that every one arrived home safely from the field trip.”

The Yellowstone DUI story barely merited a half page report from the Associated Press. But imagine if the details have been slightly different. Imagine, if instead of Yellowstone, the bus drivers drove DUI in the middle of Beverly Hills. And imagine if there had been an injury collision, and students had been hurt or killed. You’d likely see major front page stories and lots of public handwringing about “how to prevent something like this.”

The fact is: DUI is a DUI, on some level. The difference between these scenarios is far smaller than you might realize. It’s easy for friends, colleagues, and the media to villainize convicted DUI drivers. But this cartoonish characterization is incorrect and possibly even dangerous.

The moral of the story is: If you or someone you care about has been pulled over for Glendale DUI, a Los Angeles criminal defense attorney can help you strategize. Attorney Michael Kraut (of Beverly Hills’s Kraut Law Group, 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) spent 14-plus years as a Los Angeles Senior Deputy District Attorney, during which time he accrued tremendous amount of knowledge. Attorney Kraut can leverage his unique experience and relationships to help you get results.

Continue reading "Beverly Hills DUI? How About the Opposite – DUI in Middle of Yellowstone National Park!" »

June 13, 2011

Burbank DUI Bonanza: Multiple Lawmakers in Trouble for Driving Under the Influence

The Burbank DUI news blotter was hopping last week with stories about East Coast politicians in trouble for driving under the influence. So in this post, we will extend beyond our typical coverage of Los Angeles DUI, Glendale DUI, Burbank DUI and DUI in Pasadena news to discuss the twin cases of Rhode Island representative Robert Watson and Pennsylvania lawmaker John Galloway.robert_watson_DUI.jpg


Watson's story.

According to www.boston.com, representative Watson, a 50-year-old lawmaker from Rhode Island, got pulled over in East Haven, CT on April 22nd. He allegedly had both marijuana and cocaine in his system. "Police say Watson failed a sobriety test, smelled of alcohol and marijuana and slurred his words at the checkpoint. Officers say they found a small bag of marijuana and a pipe in his pocket. Laboratory tests showed Watson’s blood alcohol level was 0.07, below the state’s 0.08 limit (and the Southern California DUI limit of 0.08% BAC)."

Representative Watson vigorously denied using cocaine. Addressing reporters outside New Haven Superior Court, he lobbed a vociferous defense: “I intend to address [the charges] vigorously. I intend to continue to deny the allegations lodged against me, and I hope and expect that I am found not guilty.” Watson has alleged that he had marijuana on his person to treat pancreatitis related pain. He accused officers of going after him because he is an elected official.

Galloway’s story.

Meanwhile, also last Tuesday, police in Harrisburg, Pennsylvania pulled over state Rep John Galloway on 2nd street. According to NBC Philadelphia, “the officer put Galloway through several field sobriety tests, which he allegedly failed. The officer then asked Galloway to take a breath test and he refused to do so.” The officer then arrested Galloway for driving DUI and committing other traffic violations.

Stories in Context

Fortunately for these two lawmakers, last week’s political oxygen was spent mostly on reveling in the unbelievable behavior of former Vice Presidential candidate Sarah Palin (who made up bizarre statements about Paul Revere’s ride) and New York representative Anthony Weiner (who engaged in bizarre and lurid internet activity).

When lawmakers misbehave and get accused of crimes like driving under the influence in Burbank (and elsewhere), trust in the system degrades. That’s why it’s so important to handle such cases delicately, fairly and objectively.

If you or someone you care about (a relative, friend, co-worker, etc) needs services from a reputable Los Angeles criminal defense attorney to deal with a DUI issue, the experienced leaders at Burbank’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you simplify and strategize. Attorney Michael Kraut is a former L.A. prosecutor (14 years as a Senior Deputy DA) who has built his reputation on developing and delivering solutions for clients facing complex charges.

Continue reading "Burbank DUI Bonanza: Multiple Lawmakers in Trouble for Driving Under the Influence" »

June 8, 2011

Pasadena Breath Test Implications: Will Tainted Santa Clara County Breathalyzer Tests Ultimately Impact Southern California Cases?

If you have recently been arrested and charged with driving under the influence in Pasadena or elsewhere in Southern California (e.g. DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles) chances are you've tuned into some very curious news out of Santa Clara County, California. Over 850 DUI cases up are being reviewed, after evidence emerged that the Alco-Sensor V breathalyzers used throughout Palo Alto and San Jose may have been significantly defective. As this blog reported a few weeks ago, the Alco-Sensor V breathalyzers have a manufacturer’s defect that causes condensation buildup and skews BAC readings.Breathalyzer-pasadena-dui.jpg


The defective breathalyzers may have led to false arrests and convictions.

All that said, so far the Santa Clara County Public Defender’s Office has not identified too many problematic cases. Out of 858 files that theoretically could have been disputed, so far, only 42 questionable cases have so far surfaced. An Assistant Public Defender, Nona Klippen-Hughes, admitted “I don’t think there is going to be a huge number of cases.” Part of the problem is that the average BAC level for arrest was 0.19% – significantly over the legal limit – and many suspects who used the Alco-Sensor V device also blew DUI positive breath results at the police station after being taking into custody.

So the revelation about the faulty machines may not be as “newsworthy” as initial reports suggested…unless, that is, you consider the story in context. Then, it gets a LOT more interesting. For instance, Vermont and Florida have witnessed serious breathalyzer-related problems that may result in a wholesale throwing out of some pretty big charges.

These breathalyzer-related mishaps are disturbing. Especially because it can be easily demonstrated that breath tests skew in a variety of ways. As this blog has noted time and again, if you blow deeply into a breathalyzer machine, you get a higher BAC reading than if you blow lightly. Men and women process alcohol differently. Chemicals on your breath alter these tests. Calibration and officer errors mess them up. And, obviously, manufacturing defects can also do the job.

A Los Angeles criminal defense attorney can unpack the evidence against you and develop a battle plan to fight the charges. For instance, say you blew an over-the-limit BAC level reading on a breathalyzer. Attorney Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) could potentially challenge the results on a number of grounds. Attorney Kraut served as a prosecutor for nearly 15 years. He still uses his connections, insights, prosecutorial mindset, and perspective to help clients get the results that they want and deserve.

Continue reading "Pasadena Breath Test Implications: Will Tainted Santa Clara County Breathalyzer Tests Ultimately Impact Southern California Cases?" »

May 17, 2011

Burbank DUI is Not the Worst Thing That Could Happen to You. You Could be Charlie Sheen…

Obviously, no one wants to get arrested and charged for a crime like driving under the influence in Burbank or elsewhere in the Southland (e.g. DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles, et cetera). But it's helpful to put your problems in perspective. charlie_sheen.jpg


Consider the plight of the fallen-from-grace TV/Movie actor Charlie Sheen, whose “winning” escapades have been well documented in the celebrity tabloids and gossip blogosphere. Last week, Sheen found out that heartthrob Ashton Kutcher may be taking over his marquis role on the CBS series Two and a Half Men. During Sheen’s public meltdown this past several months, he has made some pretty acerbic comments regarding his past associates and friends. So it was not surprising to those who have followed the Sheen drama to discover that the former Wall-Street star was, shall we say, less than thrilled about the prospect of a Kutcher takeover.

Many commentators, including celebrity addiction specialist Dr. Drew, have hypothesized that the troubled actor’s problems may stem in part from chronic drug and alcohol abuse. It’s very difficult to adduce precisely how pharmacologically active compounds will influence the human brain. Although scientists have conducted some studies to examine how, for instance, marijuana smoking impacts judgment and reaction times; these studies are far from conclusive. This allows wild speculation to flourish not only among the punditocracy but also among addiction experts themselves.

If Charlie Sheen did "X" amount of drugs, what impact might that have on his brain? On his behavior? On the possibility of his getting his Two and a Half Men role back from Kutcher? The answers really are very difficult to say – and not just because Sheen’s public persona has been so tempestuous and difficult to understand. In fact, different drugs – and combinations of drugs – have wildly different effects on different people’s brains at different times.

Thus, if you’ve been pulled over and charged with a drug DUI in Burbank (or elsewhere), one of the first things that you and your Los Angeles criminal defense attorney will likely discuss will be the details of the arrest and what you did/consumed on the day/night of the arrest. Your personal history with drugs and alcohol; how your body and brain typically process these substances; whether you’ve been arrested in the past and for what; and what tests were used by the police can all have an enormous bearing on your potential defense.

Attorney Michael Kraut of Burbank’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can speak with you about how to develop and follow-up on the most appropriate and efficient defense. Mr. Kraut has a peerless reputation as a Los Angeles DUI expert – he is often called upon by major media to weigh in on breaking LA DUI news, and he served almost 15 years as a prosecutor for the city before choosing to “switch sides” and start representing criminal defendants.

Continue reading "Burbank DUI is Not the Worst Thing That Could Happen to You. You Could be Charlie Sheen…" »