February 1, 2012

Challenging the Burbank DUI Prevention Paradigm – Part #2: A Vision for the Future

In a post earlier this week, we talked about how Burbank DUI prevention theory is stuck. burbank-dui-paradigm-shift.jpg


Law enforcement agents, politicians, and even defense attorneys and defendants in LA all often assume that they understand why DUIs occur and what needs to be done to prevent them. For instance, if you were recently stopped for Burbank DUI, your first thought might have been to blame yourself:

• Why did you “act out” and refuse to accept the ride from your designated driver?
• Why did you decide to get behind the wheel after consuming a prescription medication?
• Alternatively, perhaps you are ruminating over how “unfair” the stop was. You believe, for instance, that the Burbank DUI stop was Unconstitutional, or that the breathalyzer test was administrated poorly, or that the police made an error.

Odds are, however, that you have not stopped to contextualize your Burbank DUI stop outside of your own actions and the actions of police. It's hard to have a 30,000 foot view when contemplating jail time.

Problem is, decoupling your experience from larger trends can be dangerous! (Ask any Burbank DUI lawyer.)

For instance, it’s well documented that Burbank DUIs occur disproportionately on holidays like New Year's Eve, Super Bowl Sunday, etc. Clearly, events outside of an individual’s control cause or at least heighten the possibility that you will get stopped for driving under the influence in Burbank. Sure, your own misjudgments and the police’s actions might have been important as well. But a national holiday may have played a key, particularly decisive, role in your situation.

The point here is that we can probably make substantial progress in managing and even preventing many Burbank DUIs, if we consider different strategies and tactics to address the root problems. Sure, let’s definitely continue to focus on how to modify driver behavior and educate law enforcement agents about best practices.

But let’s ALSO consider how the engineering of Burbank’s freeways and surface streets might play a role in dangerous driving. And let's ALSO consider how seemingly tangential, indirectly related factors might play a role in either incentivizing or disincentivizing DUI behavior.

For instance, perhaps drivers who drive on dirty freeways or who drive under stress are more likely to commit a DUI. A Burbank DUI attorny can only infer so much about causality from correlation. But we can at least look at different associations among seemingly unrelated factors.

The amount of trash you have in your car, for instance, hypothetically could be correlated with your likelihood to drive DUI. If so, it may turn out that doing something as simple as keeping your car clean reduces your likelihood of getting arrested for Burbank DUI.

The point is to illustrate that good solutions to your problems might be out there… and they might be unexpected. The way to find these solutions might be to conduct experiments, ideally in conjunction with law enforcement, to try to “out-think” ourselves and our own destructive instincts and impulses.

On a less theoretical note, if you or someone you love needs help with a Burbank DUI defense, connect immediately with the team at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Attorney Michael Kraut is a pre-eminent Burbank DUI criminal defense attorney. He was a successful prosecutor for over 14 years.

As a Burbank DUI lawyer, he remains a “go to” expert on Burbank DUI for media like the Los Angeles Times, KTLA, Fox News, The New York Times, etc. Attorney Kraut can give you a free consultation to help you figure out your strategy.

Continue reading "Challenging the Burbank DUI Prevention Paradigm – Part #2: A Vision for the Future" »

December 30, 2011

4 Biggest Beverly Hills DUI Stories of 2011

Celebrities often do awful, and awfully crazy, things. In 2011, we saw some crazy and scary Beverly Hills DUI stories. In this post, we will review four of the year’s most scandalous celebrity moments.lindsay-lohan-beverly-hills-dui.jpg


1. Lindsay Lohan – Still Reeling from Her 2007 Los Angeles DUI

Unless you were living under a rock, you tuned into the Lindsay Lohan’s seemingly never-ending Los Angeles DUI probation violation saga. Ms. Lohan’s 2011 got off to a bad start on January 22, when she allegedly pilfered a necklace worth $2,500 from a store in Venice. She pleaded not guilty to the resultant felony grand theft charge, but the karmic dye had been cast for Ms. Lohan in 2011, and she proceeded to make headline after headline: she violated her probation, got sentenced, made tearful appeals, etc. Then she made headlines once again by agreeing to pose nude in Playboy for nearly $1 million. Her father, meanwhile, got arrested twice in one week for domestic violence charges.

Altogether, not a great scene for the Lohans in 2011.

2. Christina Aguilera – Watches as Her Boyfriend Gets Tagged for DUI

2011 was not a great year for pop princesses, was it?

On March 1, Christina Aguilera was arrested for public intoxication, while her boyfriend was tagged for DUI. Aguilera had come off of a rough 2010, but she rebounded magnificently in the latter half of 2011, thanks in part to her widely successful TV vehicle, The Voice. It goes to show that Beverly Hills DUI does not commit you to certain and permanent debauchery

3. Estella Warren’s Hit and Run DUI (with a Bit of Cop Kicking Thrown in There As Well)

Estella Warren, an actress in Planet of the Apes, was arrested for DUI back in May. She allegedly resisted arrest and kicked the cop who tried to handcuff her. Warren smashed her Prius into three separate cars and then drove away from the scene. All told, she got hit with charges of assault, felony escape, hit and run, and DUI.

4. Charlie Sheen – Not Busted for Beverly Hills DUI, but Might As Well Have Been

2011 was the year of Charlie Sheen’s epic, magnificent public meltdown. The year started out crazy, when Sheen was arrested after trashing his Las Vegas hotel room and partying with an adult film star. Charlie thus began a headline-grabbing rampage that included getting fired from Two and a Half Men after calling his boss “a contaminated maggot” among other things and then waxing similarly poetic (and vitriolic) about everyone from his ex-wife to Alcoholics Anonymous to Thomas Jefferson.

If you were arrested for driving under the influence in Beverly Hills in 2011, connect with a respected, highly successful Beverly Hills DUI criminal defense attorney at the Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Michael Kraut is a former prosecutor with a terrific record at jury trials.

Continue reading "4 Biggest Beverly Hills DUI Stories of 2011" »

December 26, 2011

Like a Glamorous Beverly Hills DUI Story, but in Michigan: Former Miss USA Busted for DUI While Serving as a “Designated Driver”

Americans love glamour and beauty, and we are fascinated by stories of “celebrities gone wrong.” Hence, our obsession with Beverly Hills DUI stories and news events involving pop princesses, celebutantes, fashionistas, powerful politicians, and others who get into trouble with the law. Sometimes, these stories are bittersweet; sometimes they are tragic, sometimes they are purely humorous. But we can learn a lot more from Beverly Hills DUI defendants than the tabloids (and even the mainstream news media) are willing to teach us.Rima-Fakih-DUI.jpg


Take the recent arrest of 2010 Miss USA, Rima Fakih. The 26-year-old captured America’s heart in 2010, but police captured her last week. Although police did not release details about the DUI arrest, the story is practically pregnant with object lessons for Beverly Hills DUI defendants and friends and family members of defendants.

According to the Detroit Free Press and other local news reports, Fakih had appointed herself designated driver last Saturday evening, when she went out with some friends. After noticing that her friend seemed too intoxicated to drive, Fakih took over the wheel. She quickly realized that she, too, was too intoxicated to drive. So she pulled the car over. Too late. Police had already spotted her, and she was quickly rounded up and charged with DUI. After news of her arrest broke, she, like so many Beverly Hills DUI arrestees – reached for her Twitter account to deny her reality: “Let's clear things up now...I'm not in Michigan and I'm not in jail! Wrong Fakih.”

She later removed that post. But it’s instructive for us to talk about that.

We can see two lessons from here:

Number one, when people “have a few drinks” while trying to be a designated driver, bad things happen. In Fakih’s case, fortunately, no one was hurt and no property was damaged.

Number two, defendants can enter a period of abject denial after being arrested. This is a human reaction. But it can be a compromising reaction, in that you may do or say things after your arrest (because of your denial) that will compromise your ability to build a case.

To protect yourself and your rights, connect with the Beverly Hills’s Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Michael Kraut is an experienced, highly confident, Harvard Law School-educated Beverly Hills DUI criminal defense attorney. He served as a prosecutor for 14 years, so he knows how prosecutors will treat your case.

Continue reading "Like a Glamorous Beverly Hills DUI Story, but in Michigan: Former Miss USA Busted for DUI While Serving as a “Designated Driver”" »

December 18, 2011

Long Beach DUI Drama Rocks High School as Mom Hits and Nearly Kills Classmate While DUI

Driving under the influence in Long Beach and driving in a school zone don’t mix. This truism is obvious enough. However, unfortunately, common sense is one of the first things that goes out the window when driving intoxicated.long-beach-dui-jail.jpg


Two weeks ago, Marie Lippincott of Costa Mesa struck and nearly killed a 17-year-old senior, Crystal Morales, at her son’s high school in Newport Harbor. Lippincott was arrested for causing an injury DUI and held at an Orange County jail in lieu of bail set at $100,000. Investigators suspect that she was driving under the influence when she hit Morales at a crosswalk on Margaret Drive, right before school let out. Court records show that Lippincott has a criminal history. In 2005, she pleaded guilty to prescription drug fraud, burglary, and theft. As for poor Ms. Morales, she was hospitalized in a coma with internal bleeding, swelling of the brain, internal injuries, and head trauma. A spokesperson said that Morales would be on assisted breathing for at least two weeks to recover optimally.

When reading the reports of Long Beach DUI accidents like this one, it’s easy to quickly judge people and “explain away” the facts of the accident. However, jumping to conclusions can be dangerous business. For instance, in a Los Angeles Times blog post about the accident, Laura Boss, a spokesman for the school district, highlighted that the section of Irvine Avenue where the accident occurred “has been a safety concern for school officials.”

This is not to excuse the bad driving or DUI driving, if it did occur. However, it does suggest that Long Beach DUI accidents do not occur in a vacuum. Often, a constellation of factors plays a role. Yes, a driver may be DUI. Yes, a driver may make misjudgments. But other factors, such as poor road engineering, auto malfunctions, and the dangerous or less-than-ideal actions of others can all come together to create the “perfect storm” of an accident.

If you have been recently arrested for driving under the influence in Long Beach, connect with an experienced Long Beach DUI criminal defense attorney, such as Michael Kraut of the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Attorney Kraut is a former DUI prosecutor (14-plus years in the Deputy District Attorney’s office), so he understands the dynamics, nuances, and emotional complexities of DUI cases. Tragedies like what happened to Ms. Morales are not inevitable, and they do not need to be repeated. It’s important for all of us to understand what goes wrong in these kinds of situations and to deal with the repercussions in a fair and compassionate way.

Continue reading "Long Beach DUI Drama Rocks High School as Mom Hits and Nearly Kills Classmate While DUI" »

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 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" »

July 7, 2011

Beverly Hills DUI Stories Have Nothing On Boulder Colorado This Week: Another Crazy Story as 19 Year-Old Steals a School Bus and Smashes It into His House

One of the reasons why stories about driving under the influence in Beverly Hills capture media attention is that Beverly Hills is well, Beverly Hills. Celebrities, sports stars, movie executives, politicos and other A-listers live, visit and celebrate the city. Thus, stories about DUI in Beverly Hills as well as Glendale DUI, Pasadena DUI, Burbank DUI, and Los Angeles DUI tend to get a ton of press because they involve famous people and, often, very weird events.school-bus.jpg


But Boulder, Colorado – of all places – was in the news twice last week for gripping, bizarre, jaw-dropping stories. We already covered the sad story of a 32-year-old woman who allegedly committed a DUI homicide then tried to flee by swimming into a reservoir. The other big story involved a 19-year-old Boulder man who was arrested and held on a $10,000 bond after he allegedly stole a school bus and then smashed the bus into his house. According to an Associated Press article, “police found a privately-owned school bus parked and still running in the yard of William Levin Goodrich on Tuesday." Officers said Goodrich’s license had been revoked for multiple DUIs. Goodrich told officers he felt weird after eating something a friend gave him. Police said Goodrich then told them the friend gave him the bus keys and told him to drive home.

Goodrich was held in a county jail on multiple charges, including leaving the scene of an accident, aggravated motor vehicle theft, careless driving and DUI.

Here's a key takeaway from both these bowl-you-over-in-Boulder stories: the Beverly DUI arrest and conviction process can be complicated – and your situation can be made FAR worse -- if you continue to make bad decisions after you’ve been tagged with a DUI.

In this case, assuming the allegations are true, Goodrich already would have been in trouble for stealing the schools bus. But he wildly aggravated the situation by crashing the school bus into his yard. It’s a bit like the “Butch and Sundance syndrome” – once you’ve become an outlaw, you take your crime to the "nth level" because you come to believe "there's no turning back." Not that this line of thinking makes sense. But apparently that’s how some people react once they realize that they have committed a crime, like Beverly Hills DUI.

Your Los Angeles criminal defense attorney – no matter how good – can only do so much for you if you compound and “complexify” your crime. It’s time to break the cycle. Connect immediately with the reputable Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) for a free and confidential case evaluation.

Attorney Kraut served as a prosecutor of DUI crimes for 14 years for the City of Los Angeles, rising to the level of Senior Deputy District Attorney. So he knows how prosecutors typically approach DUI crimes, and he can walk you through the ins and outs of what to do – and what not to do – to develop and execute a plan to restore your name, reputation and freedom.

Continue reading "Beverly Hills DUI Stories Have Nothing On Boulder Colorado This Week: Another Crazy Story as 19 Year-Old Steals a School Bus and Smashes It into His House" »

July 5, 2011

Glendale DUI Homicide News – Disaster Out of Boulder Colorado Stuns Community

The dark side of driving under the influence in Glendale (or really, anywhere in the United States) is that fatal accidents can strike anywhere, anytime, and to anyone. A vivid example of why it’s so important to beat the problem of Glendale DUI, Burbank DUI, Pasadena DUI and Los Angeles DUI occurred the Saturday before last, when a Boulder, Colorado woman, 32-year-old Lisa Norton, was arrested on a smorgasbord of charges, including DUI-related vehicular homicide. DUI-escape-in-Reservoir.jpg


Norton allegedly crashed her Ford pick up into a Nissan coup at around 6:30 PM, killing the driver, 33-year-old Gabriel Nielsen, and severely hurting his wife and young child. After the crash, Ms. Norton allegedly fled the scene by diving into the nearby Clover Basin reservoir. Area boaters eventually fished her out of the water and delivered to her to Longmont Colorado police. According to her arrest warrant affidavit: "Witness statements from the boaters indicate that Ms. Norton was combative and denied having any involvement in the crash…that she was combative and verbally abusive to both officers and rescue personnel who were attempting to render aid."

All told, her charges include:

• DUI homicide
• Failing to remain on the scene of a crash resulting in death
• Two counts of DUI vehicular assault
• Two counts of reckless vehicular assault
• DUI
• Driving with a revoked license
• Failing to provide proof of insurance
• Possession of drug paraphernalia (a glass marijuana pipe)
• Child abuse causing serious bodily injury

Obviously, any Glendale DUI homicide is a serious and horrific situation. But many defendants needlessly complicate their situation by assaulting officers, fleeing the scene, acting belligerently, or otherwise “digging their hole deeper.” These acts will ultimately make the job that your Los Angeles criminal defense attorney has a lot more difficult and challenging. Much like how panicked investors throw good money after bad, recently arrested Glendale DUI suspects often radically compound their own problems.

Fortunately, there is a smart way to begin to get clarity on your situation and to stop the downward spiral. Connect with Glendale’s Kraut Law Group (located at: 450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) to start to synthesize and execute a smart strategy. Attorney Michael Kraut is a former prosecutor who has a terrific record at jury trials and glowing reviews not only from past clients but also from legal peers and respected figures in the media.

Continue reading "Glendale DUI Homicide News – Disaster Out of Boulder Colorado Stuns Community" »

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!" »

May 25, 2011

Glendale DUI Doozy – DUI Cabbie Drives Wrong Way on Freeway; Fortunately, He Didn’t Kill Anybody

The crime of driving under the influence in Glendale (or anywhere else, for that matter) is serious enough. But when DUI drivers compound their problems by doing things like driving the wrong way on the freeway, accidents can happen far more easily – and these accidents have a far greater likelihood of leading to fatalities. Wrong-way-DUI.jpg


Not all the scary California DUI news has to do with Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI events – stuff that this blog normally tries to cover. Sometimes, our neighbors in the northern CA also get into trouble. Case in point, Mercury News is reporting on a terrifying story about a 57-year-old taxi driver, Steve Sharek, who drove his cab up an off-ramp onto Highway 1 – a misadventure that ended in a significant accident (although, fortunately, not a fatal one).

Here's the story, per mercurynews.com: “About 1:50 P.M Monday, Sharek drove a taxi up an off-ramp at State Park Drive in Aptos to southbound Highway 1 in the wrong direction, the CHP said. The driver apparently realized his error and made a U-turn…by that time, a 57-year-old Aptos woman in a white, 1994 Toyota Avalon slammed on her breaks (and slammed into a 2001 Chevrolet Suburban)."

Fortunately, both the Aptos woman and the driver of the Suburban escaped without significant injuries, at least according to news reports. After his U-turn, Sharek attracted the attention of CHP officers, who pulled him over and arrested him under suspicion of DUI.

Most defendants understand that charges of injury DUI in Glendale may be more significant than simple Glendale DUI charges. But how different, exactly, are these crimes?

If you look at the California Vehicle Code sections that describe these crimes, you might not see much of a difference… at first.

A typical misdemeanor DUI, for instance, might be charged pursuant to CVC 23152 (a) or 23152 (b); whereas a typical injury DUI would be charged under CVC 23153 (a) and 23153 (b).

If you glance at these CVC codes quickly, they look basically identical!

But there is an enormous, profound difference. A 23152 charge is generally a misdemeanor – a serious crime, to be sure. But a 23153 charge, on the other hand, is a felony charge. Convicted felons can wind up with extensive prison sentences. So even if the person you hurt in your DUI accident wasn’t “that hurt,” you could still find yourself a felon if the prosecution manages to convict you under 23153 CVC.

A Los Angeles criminal defense attorney (for example, Mr. Michael Kraut of Glendale’s Kraut Law Group, located at: 450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) can provide timely, effective, and strategically sound help. Attorney Kraut is not only a well-recognized former prosecutor of Los Angeles DUI crimes, but he is also regularly sought out by trusted media organizations like KTLA News, The New York Times, and Fox News, to discuss important breaking news in the Los Angeles DUI arena.

Continue reading "Glendale DUI Doozy – DUI Cabbie Drives Wrong Way on Freeway; Fortunately, He Didn’t Kill Anybody" »

March 11, 2011

Long Beach DUI Sports Update: Coco Crisp Popped for DUI at Spring Training

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


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

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

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

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

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

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

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

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

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

January 3, 2011

Beverly Hills DUI Breaking News: Nicole Richie’s Probation Cut Short by a Month

Many stories involving Beverly Hills DUI deal with tragedy and heavy circumstances. But a recent tabloidesque story out of The Hills has riveted the nation's attention for its sheer frivolity. Reality TV star Nicole Richie has received a reprieve: her probation for 2006 arrest has been cut short by a month, after her attorney demonstrated that she had attended her alcohol ed classes and met all the conditions of her sentence.nicole-ri.jpg


If, like Ms. Richie, you’ve recently been tagged with a charge of Glendale DUI, DUI in Pasadena, DUI in Burbank or DUI in Los Angeles, you may find it interesting that 29-year-old managed to speed up her sentence, even though she got in trouble in June 2010 for missing her court ordered classes. Like her fellow trouble-making celebutantes, Paris Hilton and Britney Spears, Richie garnered much public opprobrium for her misbehavior. Her 2006 DUI arrest was particularly scary. She drove the wrong way down a freeway in LA while under the influence – a terrifically dangerous act that easily could have killed someone. Now that she has two kids, Richie appears to be deeply contrite about her past actions. She said: “there is absolutely no way I will do anything like that again… I am in a completely different place now I have… I have to really be someone I want my child to look up to.”

So what are some typical penalties for Beverly Hills DUI?

It’s hard to say specifically what prosecutors will throw at you unless more details are known.

• If you are a multiple offender – that is, if you get convicted for DUI more than once within 10 years, your penalties will go up quite significantly.
• If you hurt someone while DUI in Beverly Hills, what ordinarily might be a simple misdemeanor offense will be charged as a felony.
• The court will look at things like the severity of your DUI, whether you cooperated with police or not, whether you demonstrate contrition or not, and whether extenuating circumstances existed.
• Even for a first time DUI misdemeanor, you can get a minimum of 48 hours in jail, a one-year license suspension, a mandatory installation of an IID device in your vehicle and other punishments.
• At the more elevated end of the punishment spectrum, if you get convicted of DUI murder in Southern California, you could face 15 years to life behind bars.

To navigate your defense, turn to an expert and experienced Los Angeles criminal defense attorney. Local Beverly Hills lawyer Michael Kraut (9107 Wilshire Boulevard Suite 450, Beverly Hills, California 90210. Phone: 310-550-6935) can provide timely, superior service. As a former Deputy DA for the City of Los Angeles, Mr. Kraut understands Southern California DUI law from both a theoretical and experiential point of view. He has demonstrated tremendous success at trial and uses his many key relationships to deliver best result for his clients.

Continue reading "Beverly Hills DUI Breaking News: Nicole Richie’s Probation Cut Short by a Month" »

November 8, 2010

Breaking Southern California DUI News: Former Miss America Host Gary Collins Arrested for Hit and Run DUI in Mississippi

Gary Collins, the ex-host of “Hour Magazine” and the Miss America Pageant (1980 to 1988) may soon be arrested for a hit and run DUI in Mississippi, according to celebrity Los Angeles DUI blogs. gary-collins-dui.jpg

Although the 72-year old has not yet been arrested for DUI in Los Angeles, DUI in Burbank, DUI in Glendale, or DUI in Pasadena; he does have multiple DUI arrests on his record. In fact, in 2007, Collins got involved in a fatal accident while driving under the influence of alcohol. The police later determined that he did not cause the accident. Thus, he only faced a punishment of 4 days in prison and 4 years probation, after he pled no contest to charges against him. However, over the past 10 years, he has been arrested 3 times for DUI. During one incident, Collins allegedly had been driving with a blood alcohol concentration of 0.29% -- more than 3 times the legal limit for Southern California DUI of 0.08%.

In this latest incident, Collins allegedly slammed his white jeep into the back of a car driven by a local woman named Cheryl Hales. After initially exchanging words with Hales and her husband, he fled the scene. According to reports, the former Miss America host “wasn’t concerned for my wife’s wellbeing… he wasn’t concerned for my child’s wellbeing. He simply walked over, got in his vehicle, and left.”

The latest news reports suggest that the Mississippi police are preparing an arrest warrant for the celebrity, who once appeared on shows like Charlie’s Angels and The Love Boat. Collins is married to Mary Ann Mobley, who once won the Miss America crown.

What lessons can we extract from this story?

One important point is that California law seeks to punish recidivist (repeat) DUI drivers by ratcheting up penalties for multiple offenses. For instance, a first misdemeanor DUI offender may be hit with serious penalties – such as 48 hours in jail, fines of $1000 on top of court costs, a full year of CA driver’s license suspension, mandatory alcohol school, serious probation, and mandatory interlock ignition device installation. But these admittedly strict penalties can really only constitute the beginning of what the court can throw at you.

If you are convicted a second time for Los Angeles DUI within a 10 year period, you face more jail time, more alcohol school, a license suspension that’s twice as long, bumps in your court costs and fines, and more.

If you get convicted three times within 10 years, your jail time leaps up to 120 days minimum… with a maximum of a full year behind bars. Your alcohol school time goes up, as does your license suspension, fines, and other penalties.

If you get convicted four times or more within 10 years, a standard misdemeanor might be bumped up to a felony. A felony is a much more serious charge than a misdemeanor. If you are convicted of a felony, you can permanently lose many rights you now have as a citizen.

In the case of Collins, the fact that he fled the scene of the accident (allegedly) might elevate his charge from a misdemeanor to a felony, even if it were his first offense.

Whether you face a simple charge of non-injury DUI in Los Angeles; or you face a much more complicated and multi-layered charge of hit and run injury DUI in Pasadena, you could benefit significantly from consulting with a reputable and credentialed attorney.

Continue reading "Breaking Southern California DUI News: Former Miss America Host Gary Collins Arrested for Hit and Run DUI in Mississippi" »

November 1, 2010

Los Angeles DUI Fatality – Pedestrian Killed in a Gruesome School Bus Crash

Last Monday, a fatal Los Angeles DUI incident shocked and outraged the community. A black BMW swerved out of control into a pedestrian, killing him, and then crashed into a school bus, injuring dozens of kids. If you have been recently arrested for a non-injury DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI in Los Angeles; this horrific story can serve as a crucial cautionary tale.school-bus-crash.jpg


According to UPI reports, several witnesses saw a BMW fly through a red light, slam into a pedestrian, and then crash into a bus carrying students from Los Angeles’s Roosevelt High School, flipping it over onto a Metro Link platform. After the crash, the BMW’s driver and a passenger got out of the vehicle and tried to escape on foot. But a pair of construction workers saw them, ran after them, and detained them until police showed up and took them into custody. Of the 54 students on the bus, 16 got treated for non-critical injuries.

If the allegations turn out to be correct – that the BMW’s driver did hit and kill someone while DUI and then fled the scene of the crime – then the driver could get into profound amounts of trouble. The state takes the crime of driving under the influence extremely seriously. Even if you don’t hurt anyone or cause any property damage, if you get behind the wheel of a motor vehicle with a blood alcohol concentration of 0.08% or higher, or if you otherwise drive under the influence of alcohol, drugs, or even prescription medications, you can be arrested and charged pursuant to California Vehicle Code Sections 23152 (a) and/or 23152 (b). Your punishments can range widely and can include jail time, license suspension, extremely strict probation terms, steep fines and court costs, and mandatory interlock ignition device installation.

If you hurt someone while driving under the influence in Pasadena or elsewhere in the Southland, your charges can be ratcheted up significantly. Then you might be subject to California Vehicle Code Sections 23153 (a) or 23153 (b), which elevate what might be a misdemeanor charge to a felony -- a significantly more substantial charge.

And if you drive while DUI and cause someone’s death, you can be hit with a variety of charges, depending on the circumstances of your accident, including:

• Vehicular homicide
• Vehicular homicide with gross negligence
DUI murder (aka “Watson murder”)

If you face any DUI count, a conviction can impact your financial future and even your freedom. To protect yourself, consider retaining an experienced Southern California DUI attorney.

Continue reading "Los Angeles DUI Fatality – Pedestrian Killed in a Gruesome School Bus Crash" »

August 16, 2010

Southern California DUI Experts React to Guilty Plea in Prominent New York DWI Death Case

Experts in Southern California DUI law try to pay attention to events that occur on the national radar as well as to local Southland news items. And a recent development in a heartbreaking case out of New York City has once again stoked debate and discussion among the community. carmen_huertas-dui.jpg


Below is the scoop.

Carmen Huertas was partying last October in Chelsea when she decided to load up her van with seven young girls and take them to the Bronx for a slumber party at her house. Unfortunately, Huertas had been drinking. Allegedly, she knew it too. According to testimony, she told her passengers “if you think I am going to crash, raise your hand!” Anyway, Huertas got onto the Henry Hudson Parkway and lost of her car control around West 96 Street. In the terrible crash that ensued, 11-year-old Leandra Rosado died.

Now, Huertas is prepared to enter a plea of guilty to the manslaughter charge against her in hopes that Justice Charles Solomon will be lenient. Justice Solomon has said in the past that he would give her something in between the maximum possible sentence of 15 years and minimum possible sentence of 1 year.

What happens if someone commits vehicular manslaughter while DUI in Glendale (or elsewhere in the Los Angeles area)? There are actually laws on the books that specifically handle Los Angeles DUI vehicular manslaughter. This occurs when a motor vehicle driver violates traffic laws or is careless or negligent -- and as a result of this carelessness or fault indirectly or directly causes the death of another human being.

There are degrees of vehicular manslaughter. One of the strongest charges is “gross vehicular manslaughter while intoxicated.” To prove this, the prosecutor must show that the defendant was more than just normally “negligent” – he or she had to have been “grossly negligent.” If you are convicted of this more serious charge, you can face 10 plus years in jail or longer for every person who died in the accident. Gross negligence is defined as recklessness that creates serious bodily injury and/or death. And a reasonable person would know that the behavior would create this kind of extreme risk.

Whether you have been charged with a very serious crime, such as gross vehicular manslaughter while DUI in Pasadena, or you have been pulled over for a more “run of the mill” (but obviously very sobering and scary) charge of driving under the influence in Beverly Hills with a BAC of 0.14%, you likely need comprehensive and strategic guidance with your legal defense.

When defendants research Los Angeles DUI attorneys, they typically feel significant pressure to make a choice quickly. But it’s important to find an attorney who has the experience, track record and capacity to deliver a superior defense for you.

Continue reading "Southern California DUI Experts React to Guilty Plea in Prominent New York DWI Death Case" »

August 4, 2010

A Lesson for All Would-Be Southern California DUI Drivers: From a 13-Year-Old Girl

No one disputes that driving DUI in Los Angeles is dangerous – and that conscientious people should do everything in their power to prevent friends and relatives under the influence from getting behind the wheel. But a rare story out of Islip, New York drives home this point in emotionally compelling fashion. The story involves a 13-year-old girl who called 911 after her mom insisted on driving DUI in spite of having her and her 10-year-old brother as passengers.mom-dui.jpg


CNN reported that the 13-year-old daughter of Jamie Hicks called 911 last Sunday, while her mom was weaving on I-84 near Connecticut. The New York State Police pulled Ms. Hicks over and arrested her after she failed a field sobriety test. Her BAC level tested at 0.18% – more than twice the legal limit for Southern California DUI. According to CNN, Ms. Hicks will appear in court on August 17th to face an array of charges, including charges of endangering minors.

It obviously took guts for the young woman to call the police -- she clearly did not want to see her mother put behind bars -- but perhaps her act averted disaster.

Moving to another important general lesson, let’s talk again about Southern California Field Sobriety Tests (FSTs) – what they are, how they have bearing (or not) on cases, and what you should do if you’ve been arrested for driving under the influence in Pasadena -- hopefully not with young children in your car.

Field Sobriety Tests are mental and physical exams given by police officers. A common mental test involves saying the alphabet backwards. Physical exams include the horizontal gaze nystagmus test, which is essentially a pupil reaction time test. DUI individuals tend to have slower reaction times. Balancing tests include: walk the line, one leg stand, finger to the nose and rhomberg (where you tilt your head backwards and count from 1 to 30).

In theory, Field Sobriety Tests (FSTs) should do a pretty good job determining who is DUI in Pasadena and who is not. But in practice, the tests can be extremely problematic. First of all, drivers pulled over under suspicion of DUI tend to be nervous, jittery, uncomfortable, nauseous, and otherwise out of sorts. Their behavior (e.g. stumbling and fumbling) may have nothing to do with whether or not they are under the influence and everything to do with their natural disposition or their feelings of fear. Also, the National Highway Traffic Safety Administration (NHTSA) has suggested that all but three of the FSTs that police officers typically use – the horizontal gaze nystagmus, one leg stand, and walk and turn tests – really don’t show a correlation between impairment due to alcohol and performance.

For example, someone who is DUI may have a fantastic memory and may be able recite the alphabet backwards by rote even with a BAC of 0.20.

If you have been pulled over for Southern California DUI, you likely need a smart and experienced attorney in your corner to investigate the arrest and help you come up with a strategy to deal with the charges. Sometimes that strategy may involve trying to get the charges excused completely. Other times, it might involve trying to plea bargain down the charges so you will face a lesser offense and reduced punishment.

Continue reading "A Lesson for All Would-Be Southern California DUI Drivers: From a 13-Year-Old Girl" »

May 24, 2010

Los Angeles DUI Experts Riveted by Tragic Case of Man Nabbed for Eighth DUI – after Just Getting Out of Jail for Killing Someone While DUI

Bloggers who follow stories about driving under the influence in Southern California were glued to their computers last Monday afternoon following a case out of Franklin County, Vermont involving a man arrested for his eighth lifetime DUI.

The defendant, Douglas Gardner, was last arrested for driving under the influence in 1989, when he crashed head-on into a car and killed 20-year Billy Labier-Boucher. Gardener served a 20-year prison sentence. After securing release last month, Gardner almost immediately got back into trouble. He allegedly stole a Pontiac Aztek, drank two beers and a vodka, and veered off Route 78 in Highgate into a bog. The Vermont troopers who found him tested his blood alcohol content at 0.156% – nearly twice the legal limit for Southern California DUI of 0.08%, as defined by California Vehicle Code Section 23152(b). douglas-gardner-dui.jpg


The state attorney asked for bail to be set at $100,000, but Judge Greg Rainville went one step further and ordered Gardener held without bail. The Judge remarked: “you are a threat to the safety of the public… if I can’t stop you from driving, I can’t allow you on the streets.” The Judge’s ruling elicited enthusiasm from Pat Labier-Boucher, the mother of the man that Gardner killed in 1989. Labier-Boucher said: “it was like 20 years ago… it’s like reliving the whole thing again… I hope he is behind bars forever.”

Obviously, similar cases of manslaughter DUI in Glendale and elsewhere are tragic for many reasons. But what does local law say about Los Angeles DUI manslaughter charges?

According to Penal Code Section 191.5(a), in very serious cases, a defendant can be charged with “gross vehicular manslaughter while intoxicated.” Prosecutors don’t necessarily have to go for this charge. But to prove gross vehicular manslaughter, prosecutors must meet a very high burden. First, you must show that the defendant drove under the influence of drugs or alcohol with a BAC of 0.08% or more. Second, you must show that the defendant committed a driving infraction, misdemeanor, or other legal act that could lead to death of another person. Third, you must show that the person committed this act with gross negligence. And fourth, you must show that the grossly negligent act led to the actual death of someone.

Continue reading "Los Angeles DUI Experts Riveted by Tragic Case of Man Nabbed for Eighth DUI – after Just Getting Out of Jail for Killing Someone While DUI" »

February 22, 2010

Serial Traffic Offender Kills Girl in DUI Crash: Parallels Other Cases of Southern California DUI Homicide

Driving under the influence in Long Beach (or anywhere else in Southern California) is a serious criminal act -- one that can lead to horrific tragedies. Sadly, a 48-year-old man, Eddie Lumpkin, stands implicated in a recent and frighteningly brutal DUI homicide -- this case out of Chicago.Eddie_lumpkin_dui.jpg


On Tuesday, Lumpkin -- who had been decorated with over three dozen traffic offenses over the past 20 years, according to the Chicago Sun-Times – plowed his van into six-year-old Jada Washington, killing her. Washington’s aunt, Tiuette Richardson, was severely hurt as well.

Despite all his traffic offenses (his latest occurred just weeks ago on January 31st, when he blew through a stop sign), amazingly, Lumpkin still had an Illinois drivers’ license. According to the Chicago Tribune, “The court records provide little information about why the tickets were dropped, but it could have been a lack of evidence, the failure of police officers to show up in court or any number of other things.”

Lumpkin has been charged with two counts of aggravated DUI as well as reckless homicide.

The laws concerning DUI murder in Southern California differ somewhat from the applicable Illinois laws. If Lumpkin had a hit and killed a six-year-old while driving under the influence in Long Beach, for instance, he could be charged with Gross Vehicular Manslaughter while Intoxicated (CA Penal Code Section 191.5(a)).

To win a case like this, prosecutors would have to show four things:

1. Lumpkin was under the influence of alcohol or drugs and drove with a BAC of 0.08% or higher.

2. While driving DUI in Long Beach (or anywhere else in Southern California), Lumpkin committed a misdemeanor, traffic offense or other act that could lead to death.

3. Lumpkin performed this misdemeanor, infraction or act with what’s known as “gross negligence” -- a standard of carelessness that’s beyond ordinary inattention or bad judgment.

4. The gross negligence led to the death of the six-year-old girl.

Cases of Gross Vehicular Manslaughter while DUI in Southern California can become incredibly complicated and can stretch out over months, if not years.

The consequences of a less than exact defense could lead to extreme punishments. So, if you or a loved one stands accused of a DUI in Long Beach -- whether you are contending with a simple misdemeanor or a complex charge like vehicular manslaughter -- you likely need competent and experienced legal counsel.

Continue reading "Serial Traffic Offender Kills Girl in DUI Crash: Parallels Other Cases of Southern California DUI Homicide" »

January 19, 2010

School Bus Driver Slammed With Charges of Driving Under the Influence While Transporting 15 Children -- Possible Implications for Los Angeles DUI Violators?

Recent changes to Southern California DUI laws -- mandating that first-time offenders install interlock ignition devices (IIDs) in their vehicles -- have made Southland residents more keenly aware of the consequences of driving under the influence. dunlap-brian-dui.jpg

A breaking story out of Pittsburgh reinforces this message: According to the Pittsburgh Post-Gazette, 38-year-old school bus driver, Brian Dunlap, was arrested on Monday for multiple charges, including reckless endangerment, DUI, and endangering the welfare of 15 children from a Pittsburgh high school.

While driving students to a local science museum, Dunlap allegedly narrowly missed hitting a telephone pole; following the scary swerve, he began laughing. Chaperones observed that his eyes were bloodshot and his speech was slurred. Hours later, while leaving the science center (children in tow), Dunlap careered through a red light. Concerned chaperones phoned police, who quickly arrived at the scene, gave the driver a field sobriety test, and remanded him to an Allegheny County prison. (Tests at a nearby hospital later suggested that Dunlap was not under the influence of alcohol but rather was on illegal narcotics.)

According to the reports, fortunately, no child was injured. That said, stories of near misses like these are all too common these days in places like Hollywood, Pasadena and elsewhere in Los Angeles. Pursuant to California Vehicle Code Section 23153 (a), a misdemeanor Pasadena DUI can be upgraded to a felony charge if the driver causes injury to another person while operating his/her vehicle. California Vehicle Code Section 23153 (b) stipulates that drivers who drive with a BAC over the California limit of 0.08% -- and who cause injuries to other people, particularly to children -- can be subject to an assortment of punishments including: Court fines, stripping of professional licenses, hiked up insurance rates, forced restitution to injured victims and/or their families, and jail sentences.

To develop a comprehensive response to charges of driving under the influence in Pasadena, it can help significantly to game out defense strategies with a qualified and experienced attorney. Many lawyers can handle basic DUI cases. But it is usually impossible to tell whether your case will be "basic" or quite complicated. Even seemingly cut and dry matters tend to have a way of expanding into vastly more fraught debates over legal subtleties. To that end, you likely want someone on your side who has lots of trial experience and who has served as both a defense attorney and as a prosecutor.

Continue reading "School Bus Driver Slammed With Charges of Driving Under the Influence While Transporting 15 Children -- Possible Implications for Los Angeles DUI Violators?" »

October 21, 2009

Montana Senator Hit with Felony Charges For Boating Under the Influence -- Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters

It’s a case that rivals a celebrity Los Angeles DUI escapade -- and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour. barkus_DUI.jpg

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That's twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison -- for each of the three charges -- and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. (According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator's blood sample was first sent to be analyzed.)

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it's almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Law Group. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.

Continue reading "Montana Senator Hit with Felony Charges For Boating Under the Influence -- Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters" »