Los Angeles DUI Attorney Blog

Per TMZ, Judge Stephanie Sautner recently told Mean Girls star Lindsay Lohan: “keep doing what you’re doing… you appear to be doing very well.” It’s a shocking turn of events for anyone who has followed Lohan’s Los Angeles DUI saga, an epic tale that is nearly five years old at this point. The actress’ probationary report was practically filled with gold stars. It’s a huge difference from her November 2011 hearing, when prosecutors revealed that Lohan missed more than 75% of her scheduled therapy and neglected her community service at the L.A. County Coroner's Department.

Could January 17, 2012, go down as a huge pivot point for Lohan?

Not only did Judge Sautner smile at the 25-year-old pop star, but the progress report was apparently “lightning fast,” and Lohan completed enough of her requirements to attend a Sunday night Golden Globes party hosted by none other than Harvey Weinstein. The next court date for Lohan is February 22. Before then, she needs to spend 15 more shifts at the morgue and undergo five more counseling sessions. Once she hits her March 29 deadline, she can move on to unsupervised probation.

Of course, as a Los Angeles DUI lawyer would tell you, many of Lohan’s troubles could have been avoided if she had never driven under the influence of alcohol in Los Angeles in the first place. But her ability to rise like a phoenix from her legal troubles suggests that even recidivist Los Angeles DUI offenders can repair the damage to their lives and make progress. They can manage their punishments (or potential punishments) and learn powerful lessons from their experiences.

One of the most difficult aspects of being a Los Angeles DUI defendant is figuring out what to do, how to do it, and when to do it.

If you lack a fluent understanding of how Los Angeles DUI law works, you may need help, such as a free, no obligation consultation with a Los Angeles DUI defense attorney at the Kraut Law Group (6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028). Attorney Michael Kraut is a widely respected figure in the Los Angeles DUI defense community. He boasts a terrific record at jury trials. He has a Harvard Law School education. He served for nearly a decade and a half as a prosecutor. And he possesses a compassionate and attentive demeanor as a Los Angeles DUI attorney.

Attorney Kraut and his team can answer your questions, help you build a sound legal strategy, and deal with any challenges or opportunities that present themselves.

Continue reading "Could Lindsay Lohan’s Epic Los Angeles DUI Saga Finally Be Drawing to a Close?" »

New Year’s Eve is possibly the most dangerous day of the year for Pasadena DUI accidents and injuries. Revelers intoxicated on champagne (and who knows what else) will no doubt be populating roads like the 5, the 210, and California Boulevard, and threatening their own lives as well as the lives of everyone else out there.

You obviously want to protect yourself against the possibility of being arrested and charged and ultimately convicted for Pasadena DUI on New Year’s Eve. Not only would such a charge seriously ruin your evening, but your whole outlook on the New Year would be different. Your affirmations for the New Year could go from getting a new company off the ground or finding love to simply avoiding jail time.

A Pasadena DUI arrest or conviction would seriously throw off your 2012 game plans.

So, how can you protect yourself against this? If you Google around and read self-help literature, the answers seem easy enough: find a designated driver, know your limits, and if you do plan on drinking, avoid getting behind the wheel, etc.

Many people who know these rules – and have them branded onto their brains – nevertheless make mistakes at the 11th hour (literally) and still get behind the wheel and drive DUI. Why? Possibly because they do not pre-think their actions and behaviors!

If you are in a sober state of mind, you might say “of course, I would never drive DUI in Pasadena, that would be stupid.” However, if you are out partying with friends, and you want to keep up with the action, and the next party is at a bar just two blocks away… common sense and good judgment can be derailed by the circumstances and surroundings.

To protect yourself, “pre-think” yourself into safety.

What might you say or do that could throw off your plan to drive safely this New Year’s Eve? Why might you be tempted to get behind the wheel after “only having a few drinks”?

You don’t have to spend 20 minutes doing this exercise. Just spend 5 minutes. Just take the time now, before you go out, to review your common triggers – triggers to misbehave, to do things that you regret in the morning, etc. – and make a conscious, specific effort to avoid doing those this year. If you don’t trust yourself, write down these affirmations, and carry them on a little piece of paper or as a cell phone memo – a message from your wiser, more sober self to your more impulsive id-driven self to behave and avoid doing dumb things.

Of course, best intentions aside, mistakes happen. If you need a qualified Pasadena DUI criminal defense attorney, turn to Michael Kraut with the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut is a former prosecutor with 14-plus years of experience as a former Deputy District Attorney. He is Harvard Law School educated. He is well respected as a Pasadena DUI expert by institutions like KTLA, the Los Angeles Times, Fox News, etc.

Continue reading "No BS Guide to Avoiding a Pasadena DUI on New Year’s Eve" »

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.

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" »

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

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

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

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

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

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

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

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

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

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

Whether you got arrested on the way home from a birthday party at the Glendale Galleria, or you got tagged for driving under the influence in Glendale on a clogged Southern California freeway during the throes of one of the Southland's notorious Sig Alerts, chances are, your memories of what happened with the police are emotional, possibly blurry, and certainly painful and uncomfortable.

Most DUI drivers (fortunately) only have to experience field sobriety tests, PAS tests, and difficult police officer questions once or twice in their lives. That is certainly more than enough for most people. However, the “lack of practice” we have in terms of managing the ultra stressful situation of being put through the paces of FSTs and breathalyzer tests or blood tests, intense officer questioning, and the like can redound to negative effect for our ability to cope.

Glendale DUI suspects, often out of sheer naivety, fail to take simple actions that could protect their rights, get charges dismissed, and preserve and protect their reputations, driver’s licenses and good insurance rates.

Why are Glendale field sobriety tests so vexing and so potentially unfair?

Here are just a few speculative reasons:

Easy to confuse “learning related stumbling” with “DUI related stumbling.”

Most of us do not sit at home, practicing how to walk a straight line, counting backwards by 3, or saying the alphabet backwards. In fact, chances are, if you put yourself through field sobriety tests in your own kitchen or office or wherever you are now, you would stutter, stumble, and fumble around a bit because these activities are unfamiliar to you. This is normal human learning behavior –we learn by trial and error. Unfortunately, these normal-learning-related fumbles and stumbles and mumbles can easily be confused for DUI-related coordination problems.

Distractions abound.

Suspects don’t take Glendale field sobriety tests in a vacuum. They are bombarded by stimuli, including police officers (sometimes several) watching your every move, traffic roaring by, lights, sirens, etc. All these distractions make it harder to concentrate.

Emotional/stress reactions to the DUI stop itself.

Even a stone cold sober driver stopped and put through FSTs will undoubtedly experience soaring and crashing emotions, including stress reactions, anxiety, fear, anger, and other states of mind. These emotional reactions can also interfere with your ability to “pass” these tests.

Officer subjectivity.

Field sobriety tests are not like SAT tests, in that one can’t really ever standardize results because of all the variables involved. So, officer subjectivity undoubtedly plays an enormous role in terms of the diagnosis “DUI or not DUI”. Even officers who ostensibly try to play by the book – who seek to be as scientific and objective as possible – are no doubt heavily influenced by their biases, moods, perspective on the tests, and so forth.

All this is to say that if you failed your Glendale FSTs, it might behoove you to seek counsel from a respected, experienced Glendale criminal defense attorney. Connect today with Michael Kraut of the Kraut Law Group in Glendale (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123). Come up with a strategic plan of action, and protect your rights and resources. Attorney Kraut is a veteran former prosecutor with a Harvard Law School education and a terrific reputation among his legal peers (including prosecutors and judges).

Continue reading "Are Glendale DUI Field Sobriety Tests Inherently Unfair?" »

If you got arrested after failing a Burbank DUI breathalyzer test – blowing significantly over the legal limit of 0.08% BAC, for instance – you may feel sour, sad, and scared that the breathalyzer test failure will doom you to a lengthy prison sentence? Now that you’ve been “tarred and feathered” as a DUI driver, will your insurance rates go to the roof? What will your friends, family and colleagues think about you now? Etc, etc.

Before you go down this rabbit hole of fear and catastrophic thinking, pull out of your nose dive for a minute and consider a very curious story out of Manatee County, Florida, of all places. According to a local Florida paper, the Bradenton Herald, “prosecutors in Manatee County have decided not to use the alcohol breath test results from one or two local intoxilyzer 8000 machines, saying the volume of blown air wasn’t accurately measured.”

In other words, the machines screwed up!

And the “positive” DUI readings the machines collected are no longer valid as evidence!

As a Division Chief in the Florida State Attorney’s Office noted, “it was the right thing for the integrity of the pending cases to not use the breath results.” Not all analysts agreed with the decision to throw out the breath test results. A spokesperson for the Florida Department of Law Enforcement, Heather Smith, countered that “the volume is separate and independent from the subject’s alcohol content results ... the amount of breath you blow cannot result in a higher or lower alcohol content reading.”

We will leave it to the reader to find the holes in Ms. Smith’s reasoning here. But let's not get lost in the minutiae of the case – Florida officials already believe that the problem has been solved and the machines are now “fixed,” back in action, ready to help officers tag DUI drivers.

The greater point here is that Burbank DUI breathalyzer tests may not be as “bullet proof” as the common driver assumes they are. As this blog has documented many times over, breathalyzer tests can be corrupted by a diverse array of factors, including:

• Whether you are a man or woman;
• Whether you are a diabetic, or on a special ketogenic diet;
• How deeply you blow into the machines (Ms. Smith’s protestations to the contrary, notwithstanding);
• Calibration or officer reading errors;
• Sample contamination;
• etc, etc.

A Burbank DUI defense attorney, such as a Michael Kraut of San Fernando Valley’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), can help you understand the charges you face, figure out what to do about them, and resolve any questions, concerns, or fears you have regarding your situation and legal prognosis.

Attorney Kraut is a former prosecutor for the city. He is often called upon by major media institutions to provide expert analysis on Burbank DUI matters.

Continue reading "Could Burbank DUI Breathalyzer Test Be Next on the Chopping Block? Massive Breath Test Dismissals in Florida Spark National Excitement" »

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

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

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

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

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

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

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

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

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

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

Penalties for Glendale DUI convictions become harsher the more times you get arrested and convicted.

A simple misdemeanor DUI conviction – for the first time – might lead to a little bit of jail time, license suspension, mandatory alcohol school, significant probation, and a not-insignificant amount of embarrassment. But these penalties pale in comparison with the penalties associated with a third or fourth Glendale DUI conviction within 10 years. Depending on circumstances, you might face felony charges for what would only be a misdemeanor charge for a first-timer.

On some level, everyone recognizes this. Getting arrested multiple times for the same crime is not a good thing to do. Bad things will happen.

How do we break the cycle? It’s a simple question with a complicated answer. But new thinking in the addiction research community suggests that traditional methods to treat alcohol as an addiction might do a disservice to many people who desperately need help.

One of the most popular ways of treating alcoholism is to send the alcoholic to a 12-step program similar to Alcoholics Anonymous. One key step in this program is to “admit you are helpless” in the face of alcohol. Most take that as a given – that we have to “surrender” control to some higher power to reclaim our lives and our bodies.

But not so, says Harvard University psychiatrist Dr. Lance Dodes, author of The Heart of Addiction. He argues that addicts engage in their addictive/destructive behaviors as a means of self-empowerment. Dr. Dodes suggests that many addicts start to feel better as soon as they make the mental decision to go have a drink – NOT as soon as the alcohol touches their lips.

This suggests that there is a deep psychological mechanism at play that has less to do with the chemical effect of the alcohol on the brain than it does with the effect of the decision to consume alcohol.

Dr. Dodes’ thesis is basically that the 12-step approach is backwards. We should not disempower addicts by telling them that they are “helpless,” Dodes argues, but instead look for ways to re-empower them and help them understand the forces in their lives that make them feel out of control. The next step is to motivate them to reassert control in positive ways, which will help them stop self-destructive behaviors like drinking and getting into Glendale DUI accidents.

It’s certainly an interesting theory, and you can check out more about it at his website, www.lancedodes.com.

For immediate help with your Glendale DUI defense, connect with Glendale criminal defense attorney Michael Kraut of the Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) to explore how to manage your scary, frustrating, and overwhelming situation. As a former prosecutor and media expert on Glendale DUI matters, attorney Kraut has the credentials, wherewithal, knowledge, and compassion to deliver a powerful defense and fight for your freedom.

Continue reading "Do You Have Multiple Glendale DUI Arrests? Maybe You Are Getting the Wrong Advice about How to Treat Alcohol Addiction" »

A roiling debate over Burbank DUI checkpoints (and checkpoints throughout the Golden State) has taken Sacramento by storm. A Democratic assemblyman from Los Angeles, Gil Cedillo, introduced legislation to prevent law enforcement from impounding the cars of unlicensed drivers stopped at checkpoints for DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles, and DUI elsewhere in CA. Cedillo’s bill passed, and it is now headed for the Appropriations Committee.

The legislation passed -- but not without some very vocal detractors, including Ellen Rosenberg, whose child was killed by an unlicensed driver in 2010. Ms. Rosenberg testified a Senate Public Safety Committee meeting and protested the bill. Opponents have cited an AAA Foundation for Traffic Safety study from 2000 that found that unlicensed drivers cause more than five times as many auto accidents as do licensed drivers. Cedillo and others point out that many DUI checkpoints are not anywhere near bars or drinking establishments and have been engineered purposely by law enforcement agents to impound cars instead of to protect against DUI.

As with most debates over how to clamp down on driving under the influence in Burbank, strong opinions are common. Reality is likely far more complicated than both sides wish to acknowledge. Unfortunately, our civic discourse often devolves to the point where sides with opposing interests simply fail to hear each other’s deep human needs.

As Marshall Rosenberg, founder of a school of thought called Nonviolent Communication, often inveighs: When two sides fail to connect at the level of need – to really empathize with one another – the solutions wind up being punitive, frustrating, and dissatisfying.

So let’s examine, as an experiment, the needs of various potentially affected people:

• Immigrant drivers who may not have a license: they need respect; they need to be able to see their friends, family, and to get to work; they need to build a life for themselves.
• Drivers and pedestrians: They have a strong need for safety on the roads and elsewhere
• Police: They have a need to exert autonomy, enforce the law, and experiment with strategies to make their jobs easier and make the lives of the citizens they protect safer and better

This is obviously an incomplete inventory. But even if you just look at this list of needs, they all sound pretty universal and understandable. The challenge, of course, becomes devising strategies that meet everyone's needs, and that’s often not an easy thing to do – but it’s a particularly difficult challenge when various sides won’t even listen to one other.

If you have recently been arrested for DUI, an experienced Los Angeles criminal defense attorney at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can listen to your needs and help you come up with an appropriate strategic response to limit your penalties or get them dismissed entirely. Attorney Kraut is a former District Attorney (prosecutor) who understands Los Angeles DUI law from multiple perspectives, and he has a terrific reputation among legal peers.

Continue reading "Burbank DUI Checkpoints: A Soon-to-be Thing of the Past?" »

This blog has scrutinized dozens of Burbank DUI news items since its inception. One of the big takeaways is that drivers have a propensity to act irrationally and dangerously even after they have been stopped and arrested; and it’s often these “post-DUI” behaviors that transform ordinary, simple charges of Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI into life-altering legal crises.

Case in point: A terrifying story out of Kansas City, Missouri has the local police department and concerned citizens on edge. Early Saturday morning (the Saturday before last), a driver waiting at a sobriety checkpoint on Troost Avenue at 2:15 A.M., zipped out of line and hit a civilian police department employee. Here is a chilling quote from KMBC News in Missouri: “Investigators sayof the employee hit the hood of the Dodge and was on it for several blocks. The car also hit a police cruiser parked nearby. An officer fired a shot as the car drove off, but no one was hit. Police searched the area for several hours after the incident, but they have not been able to find the driver.” The civilian employee was taken to a hospital with serious injuries. He had spent eight years working for the department and he was in his mid-30s.

The details of this checkpoint accident make it all the more gruesome: Can you imagine being hit out of nowhere by someone driving DUI in Burbank and then carried on that person’s hood for several blocks before being dumped on the side of the road and seriously injured?

Sure, the driver of the Dodge might have been arrested and got into serious trouble had he simply gone through the checkpoint and failed a field sobriety test or breathalyzer test. But now if and when he gets rounded up, he may face far more intense charges. Consider just the difference between a standard Burbank DUI misdemeanor, as defined by California Vehicle Code Section 23152(a) or 23152(b), versus an injury DUI, as defined by CVC Section 23153(a) or CVC 23153(b). In one case, the crime is a misdemeanor. In the second case, the crime is a felony. A felony charge can land you a jail sentence of significantly more than a year.

This checkpoint evader could also face a whole battery of additional charges which will complicate his defense and lead to enhanced penalties and fines – and that’s not even beginning to talk about the damage he caused to the poor civilian volunteer of the Kansas City PD.

A Los Angeles criminal defense attorney can help you develop and follow through on the most appropriate defense to the charges against you. The longer you wait after your arrest to get good help, the fewer resources you may have. Burbank’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you now. Attorney Michael Kraut is a tremendously experienced lawyer – both on as a prosecutor and defense attorney. Major media, such as KTLA News, The New York Times, Fox News and CNN, often look to Mr. Kraut as an expert commentator regarding Burbank DUI news.

Continue reading "Burbank DUI Reflections: Terrifying Checkpoint Escape in Kansas City, Missouri Seriously Injures Civilian" »

The California Highway Patrol released its Los Angeles DUI Memorial Day weekend statistics. According to various sources, CHP officers arrested 230 motorists in L.A. County from the period starting midnight Friday, May 27th, through midnight Monday, May 30th. All told, statewide, nearly 900 people were arrested for DUI – 132 fewer than 2010. So that’s good news, for the state. But in Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI news, other numbers weren’t so terrific. For instance, three traffic related DUI deaths happened in the first 36 hours of the Memorial Day weekend – thus L.A. County accounted for half of the six total California fatalities over Memorial Day.

Law enforcement officials are staging another anti-DUI effort starting on July 4th weekend ending on Labor Day weekend.

It’s a statistical reality that Los Angeles DUI injury accidents are far more likely to occur during holidays, such as Memorial Day, July 4th weekend, Labor Day, New Year’s Eve, and Super Bowl Sunday. Why?

The answer is at first blush obvious: more people party on those weekends. Therefore, more drivers -- on average -- will likely be under the influence of alcohol, drugs, prescription medications and thus more likely to commit injury accidents.

But take this idea and follow its logical extension: you might come to some pretty interesting conclusions. Holidays encourage reckless behavior. So since carousing leads to an increase in DUIs, would restricting or eliminating holidays therefore reduce DUIs?

In other words, say, starting immediately, we decided to end all national holidays – no more Memorial Day, no more Labor Day, Veterans Day, Thanksgiving, Christmas, New Years, etc. These days would no longer be days on which people would celebrate, carouse, and be more likely to drive under the influence. Undoubtedly, this practice would save lives, probably hundreds of lives each year in every major American city -- as well as prevent untold injuries and costs associated with property damage.

The question is: At what cost?

Would sacrificing all of our fun times and holidays be worth the trade-off of preserving life and protecting property?

Obviously, the philosophical implications are far too deep to explore in any length in a short blog post. But they are certainly interesting, and they go to show that controlling DUI is a lot more complicated than simply setting up a checkpoint here and there and spreading educational campaigns. These issues touch on the very fabric of who we are as a people.

A Los Angeles criminal defense attorney, such as Michael Kraut (Kraut Law Group - 6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028), a former prosecutor with a terrific record at jury trials, can help you understand how best to fight back against the charges you face. Whether you’ve caused minor property damage while DUI or got stopped at a checkpoint and tested to have a BAC level of just slightly over Southern California DUI limit of 0.08% BAC, Attorney Kraut can help isolate, design, and execute a sound strategy.

Continue reading "Los Angeles DUI Memorial Day Numbers Are In – Stats are Similar to 2010s, and That’s Kind of a Shame" »

The police officers who stop drivers at Burbank DUI checkpoints are empowered to remove dangerous drivers from the roads to enhance public safety. And while everyone can agree that we want to reduce and ideally eliminate Burbank DUI, Glendale DUI, Pasadena DUI, Los Angeles DUI, etc., civil liberties groups are complaining that DUI checkpoints are being used to generate impoundment fees… as opposed to eliminating DUI drivers!

According to a May 24th story from the Associated Press, a lawmaker in Northern California (Santa Rosa), Assemblyman Michael Allen (D), has proposed a law to “restrict the inspections to their intended purpose of stopping drunken driving.” Allen’s bill, AB 1389, points out that impoundments have leapt over the 50% between 2007 to 2009.

In many California cities, Allen says, “the ratio of impoundments to DUI arrest is 20 to 1.” The California Police Chief Association, among other enforcement agencies, denies that DUI checkpoints are being abused to generate impoundment fees. David L. Maggard, Jr. responded via e-mail that “DUI checkpoints are exclusively about safety.” Another Assemblyman, Kevin Jeffries, complained that the bill would tie up police and prevent enforcement of anti-DUI policy: “I was a volunteer firefighter for 29 years, and I saw a lot of carnage the road because of drunk drivers…this weakens our ability to catch drunk drivers.”

The bill proposed by Allen would codify a state Supreme Court ruling that “requires officers to conduct their checkpoints on roads that already have a high rate of DUI arrest or accidents, and then give advance notice of the location.”

Clearly, there has to be some way to find a balance here between respecting the rights and civil liberties of drivers and keeping our roads safe and clear of dangerous drivers.

Unfortunately, the way the system has been politicized, policy analysts, politicians, and many people in the legal system have been conditioned to believe that only “win-lose” outcomes are available. Either the police “win” or DUI drivers "win." This kind of binary choice is obviously a false choice, if you probe the argument in any logical detail. Surely, we collectively can find ways to eliminate or reduce DUI driving and abuse of checkpoints and make our roads safer – all at the same time. It’s just going to take creativity and a little more willingness to both experiment with policy solutions and to measure the efficacy of the solutions in a smart way.

Changing our cultural expectations of drivers may help a lot more than simply punishing them. For instance, right now, in spite of the fact that California’s laws prohibit drivers from text message while driving, many people still do it anyway. If we can find a way to eliminate the “social permission” that we’re tacitly giving each other to text while driving, we can likely reduce accidents significantly – all without punishing anybody.

All of this philosophizing aside, a Los Angeles criminal defense attorney can provide crucial, tactical, and strategic advice and solutions for you, if you or someone you care about has been charged with a DUI crime. Michael Kraut of Burbank’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is a highly reputed former prosecutor (served as a Deputy District Attorney almost for 15 years), who is respected by prosecutors and judges and regarded by major media as an expert in Los Angeles DUI law.

Continue reading "Burbank DUI Checkpoints Violating Civil Liberties?" »

Mobile apps designed and provided by the likes of Google and Apple can "yield up" the locations of Glendale DUI checkpoints (and DUI checkpoints throughout the US). These apps have raised the hackles of lawmakers. Last Tuesday, a US Senate Subcommittee held a hearing with Apple’s VP of Software Technology to discuss the legality of apps that can alert drivers to checkpoints for Glendale DUI, Burbank DUI, Los Angeles DUI, Pasadena DUI, and so forth.

Two of the most popular apps are Buzz’d and Fuzz Alert. Senator Chuck Schumer lashed into the software execs about these apps in particular, saying that they “really only have one purpose” – to clue drivers into where police stakeouts might be. Schumer did not mince words. He told Alan Davidson, the Director of Public Policy for Google: “I hope you that you narrowly look at this app. You agree that it is a terrible thing, and it probably causes death.”

Apple defended itself by saying that the apps often just publish data in real time that the police department themselves put out. Schumer and others countered that this argument qualified as a “weak read” and challenged the software company to admit that the apps essentially are designed to help people violate laws like California Vehicle Code Action 23152(a) and 23152(b).

Likely, the debate over the legality and general fairness of apps like Fuzzed and Buzz Alert has only just began. One question that seems to have eluded the Senator is: “Should drivers really be using their mobile devices while driving in the first place?” After all, as this blog has documented many times over, some evidence suggests that driving while talking on cell phones – especially while texting – can be as dangerous as or perhaps even more dangerous than driving under the influence in Glendale or elsewhere.

Irrespective of how the police stopped you for DUI (checkpoint, roadside stop, etcetera), you would like the services of a highly reputable Los Angeles Criminal Defense Attorney to work out a plan for your defense. The Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) is dedicated to serving defendants through meticulous preparation and strategic planning. Lead counsel, Attorney Michael Kraut, is very experienced – he spent nearly 15 years as a prosecutor for the city before “switching over” to represent defendants. He is widely considered to be an expert in Los Angeles DUI Law, and he has appeared on KTLA, Fox News, and other media to discus and analyze critical DUI cases.

Continue reading "Glendale DUI Brouhaha Brews in Senate over Google and Apple Apps" »

Not EVERY sports celebrity has been pulled over on charges of driving under the influence in Long Beach (and elsewhere) this year. But it sure seems that way, sometimes, doesn't it? The sheer number of sports celebs who’ve been tagged in 2011 for driving under the influence in Burbank, Glendale DUI, Pasadena DUI, Los Angeles DUI, etc, is, in a word, disconcerting.

The latest big sports related DUI arrested occurred last Monday morning, when Shin Soo Choo, an outfielder for Cleveland Indians (the MLB's best team, currently) got arrested for DUI in Sheffield Lake, Ohio. USA Today reported that Shin Soo Choo became “the sixth major leaguer cited for a possible DUI this year… he joins Detroit’s Miguel Cabrera, Seattle’s Adam Kennedy, Cleveland teammate Austin Kearns, Atlanta’s Derrick Lowe and Oakland’s Coco Crisp as players arrested on suspension of DUI.” Is it just quirky that so many sport celebs have been arrested for DUI? Or are quirks becoming the norm this year?

Here is an argument for the second interpretation: A Connecticut women actually delivered her child at a DUI checkpoint! This story comes courtesy of www.whac.com: “Bethel and Trevor Hairston were in their Plainfield, Connecticut home Saturday night when Beth went into labor. When they hit a DUI checkpoint, Trevor tried to roll through it… “I kind of did a California role. I didn’t really stop, but I just rolled up the window and said 'my wife is in labor, we're going!'… a police officer got into the car with them to help to deliver the baby. Ten minutes after stopping at the checkpoint, baby Christian Hairston was born at exactly 1 am in the passenger seat of the Hairston’s car.”

So, we’ve got lots of sports stars getting arrested for DUI, a couple giving birth at a DUI checkpoint, but no additional lawnmower DUI arrests (at least according to a recent scan of Google News).

The symptoms of Long Beach DUI often mimic “symptoms” of other conditions – such as fatigue, stress, disease/exhaustion, and yes, even pregnancy. If an officer notes that you seem shaky, wobbly, disoriented, uncoordinated, unable to explain where you’ve been, nervous, agitated, etc, he or she will be more suspicious that you might be DUI. But as the story about the Hairstons proves, not everyone who acts oddly – for instance, rolls through a DUI checkpoint – is breaking the law or even fractionally intoxicated.

To develop a smart defense to charges against you, connect with a Los Angeles criminal defense attorney, like Long Beach’s Michael Kraut (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Although Mr. Kraut cannot guarantee that your charges will be dismissed or reduced, he can leverage his 14 plus years as a former prosecutor, excellent record at jury trials, deep relationships with prosecutors, and strong knowledge of Los Angeles DUI law to improve your odds of getting good results.

Continue reading "More DUI in Long Beach Sports News – Another Major Leaguer, Shin Soo Choo, Cited for DUI" »

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

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

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

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

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

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

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

Let’s face it: Most Pasadena DUI stops involve work-a-day misdemeanors – generally well-meaning folks who make errors in judgment or take undue risks. But sometimes, stories about DUI in Burbank, DUI in Pasadena, DUI in Los Angeles, and Glendale DUI take turns for the bizarre, spectacular, or simply queer. In this blog post, we will take a look at two standout DUI stories from last week and explore resources to help defendants develop better road habits and equip themselves with a proper legal defense.

Story Number 1: Beware the Ice-Cream Man

We all know that kids love the ice cream truck and parents fear it because ice-cream contains gobs of sugar, which has long been associated with obesity, diabetes, and a host of other health problems. But a Tampa Bay ice-cream truck proved unusually dangerous last week for a totally different reason. On Monday afternoon, the police pulled over a Sub-Zero ice-cream truck in Tampa Bay driven by 49-year-old Ronald Purdy, after Purdy nearly plowed into a child awaiting his tasty treats. Deputies who arrived at the scene tested Purdy to have a blood alcohol constitution of 0.227% and found two open bottles of whisky in his truck. Yikes.

Story Number 2: Real housewives get in real big trouble

Star Magazine reports that Marysol Patton, a 44-year-old star of the Real Housewives of Miami, was arrested in January 2010 for DUI in Miami Beach. Patton’s mother, Elsa, also got arrested in 2010 for DUI (October). The 76-year-old pled not guilty and got her charge dismissed, when the officer who pulled over failed to show up. Meanwhile, Marysol and her mom had even more company – Philippe Pautesta, Marysol’s boyfriend, also got charged with DUI last year and drove away from the scene of an accident.

The ice-cream truck story and the story about the Real Housewives' DUI mess suggests that many people might still be confused about what exactly constitutes the crime of driving under the influence. If you have one drink, does that make you too intoxicated to drive? What about two? Three? Clearly, four would…right? The answer has less to do with the number of drinks you have than your degree of impairment and your blood alcohol concentration.

California Vehicle Code Sections 23152 (a) and 23152 (b) define the crime of driving under the influence in Pasadena (and elsewhere in California) and spell out the penalties that offenders will face. If you are too impaired by drugs or alcohol to drive, you violate 23152 (a). If your blood alcohol concentration is greater than 0.08%, you violate 23152 (b). Do note that ice-cream truck driver Ronald Purdy allegedly had a BAC of more than 0.22% – nearly three times the CA limit.

Discussing your DUI case with an experienced Los Angeles criminal defense attorney is a smart and probably necessary first step for you, if you face charges. Get in touch with the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) to set up a free case evaluation to build your Pasadena DUI defense. Mr. Michael Kraut has a fantastic record at jury trails – a 99% success rate – and he is a former prosecutor who has a Harvard Law School education. In other words, he has both formidable credentials and proven “on the ground” results. Let him help you figure out your best next steps.

Continue reading "Pasadena DUI Gossip: Juicy DUI Stories from Last Week" »

Last Monday, singer Faith Evans plead “no contest” to her charge of misdemeanor Los Angeles DUI, pursuant to her August arrest in Marina del Rey. The Grammy award winner and widow of the Notorious B.I.G. (a.k.a. Christopher Wallace) heard Superior Court Judge Edward Moreton lay out her sentence. If you have recently likewise been arrested and charged with misdemeanor DUI in Los Angeles, DUI in Glendale, DUI in Pasadena, DUI in Burbank, or DUI elsewhere in the County, you might be fascinated to hear the celebrity’s ultimate verdict:

• Three months of alcohol education
• Three years of probation
• $300 fine on top of other penalties
• Prohibited from driving with any alcohol in her system during her probation

As you may remember, the drama happened at 10:40 p.m. on August 21, when Ms. Evans got pulled over at the intersection of Washington Boulevard and Lincoln Boulevard at a Los Angeles DUI checkpoint.

The “I’ll Be Missing You” singer experienced a brush with the law six years earlier in Atlanta, when she and her boyfriend at the time, Todd Russaw, got pulled over at an Atlanta suburb and charged with possession of cocaine and marijuana. Following her August 2010 arrest, Evans reassured her fans via Twitter that she was doing well and stoked enthusiasm for the upcoming release of a new music video.

Although the punishments doled out to Ms. Evans may seem somewhat harsh – who wants to pay a $300 fine and be prohibited from driving with any alcohol in your system whatsoever for three whole years? – in reality, things could have been a lot worse for her. The court can impose harsh penalties, even for a minor misdemeanor Marina del Rey DUI involving no property damage, injuries, or other traffic violations. For instance, at maximum, you could get six full months behind bars, fines of $1,000 on top of court costs, a full year license suspension, nine months of DUI alcohol school, a court-imposed requirement to install an interlock device in your vehicle, and seriously strict terms of probation.

Of course, these Los Angeles DUI punishments can be ratcheted up even further, depending on the circumstances. For instance, if this is your second or third DUI conviction within 10 years; if you hurt somebody or destroyed property while DUI; or if you violated other laws or traffic rules while DUI, the court can hammer you with a longer jail sentence, steeper fines, and many other penalties.

To protect your rights, your ability to drive, and your professional reputation, it behooves you to retain an experienced attorney to draw up a plan of action for your defense. Los Angeles criminal defense attorney Michael Kraut spent nearly a decade-and-a-half as a prosecutor for the city (Deputy DA for Los Angeles) before opening The Kraut Law Group and representing criminal defendants.

Attorney Kraut is regarded as an expert in Los Angeles DUI law by both his legal peers and by the mainstream media (e.g. The New York Times, Fox KTLA News, Los Angeles Times, etc.) and he boasts a Harvard Law School education and an exceptional track record at jury trials.

Continue reading "Los Angeles DUI by Faith Evans Results in a Plea of “No Contest” to her Misdemeanor; Singer gets Probation" »

Many celebrity Los Angeles DUI arrests that “go viral” revolve around extremely well known celebrities like Lindsay Lohan, Mel Gibson, and Nick Nolte. But as this blog tries to highlight, many “minor” celebrity DUI arrests happen every week. Last week, Glenn Douglas Packard, a regular on the reality TV series “Hogan Knows Best” got pulled over for DUI in Miami Beach.

If you have recently been pulled over for a DUI in Pasadena, DUI in Glendale, DUI in Burbank, or DUI in Los Angeles or elsewhere in the Southland, the debate over Packard’s legal “prognosis” may intrigue you.

According to reports from the gossip website TMZ.com, a Miami Beach police officer pulled Packard over last Wednesday morning and observed that he “definitely had a strong odor of an alcohol beverage on his breath” and had “red and watery eyes, slurred speech, and unsteady stance.” Packard allegedly admitted to the officer that he was the evening’s designated driver and that he had had “only three drinks.” Packard submitted urine samples for testing. Low and behold, two tests came back below the Florida (and California) legal limit of 0.08%. He tested at 0.65% and 0.77% respectively – close to DUI but not necessarily over the line. As of this posting, it’s unclear how Packard’s defense will play out, but his conundrum might be instructive.

After all, in certain cases, it can be very difficult to completely deny a DUI charge. For instance, if you crash into a tree and test having a BAC of 0.35%; and if dozens of witnesses testify that they saw you chugging down Long Island ice teas like there was no tomorrow -- then your ability to plead “not guilty” gets, shall we say, quite complicated.

However, many cases are very similar to Packard’s – they involve drivers who test near or at the legal limit, as defined by California Vehicle Code Section 23152(b), which says that a driver who operates a motor vehicle with a BAC of 0.08% or greater can be convicted for Los Angeles DUI and can face points on their DMV record, jail time, suspension of a CA driver’s license, court costs and fines, and other unpleasant penalties.

But even if you tested over the 0.08% limit, a savvy and experienced lawyer, such as Los Angeles criminal defense attorney Michael Kraut, can challenge the results of your test by doing things like examining the accuracy of the breathalyzer test, probing the police work done, and even looking for factors that might have interfered with the test results. For instance, diabetics often have chemicals on their breath which interfere with breathalyzer results and cause them to blow “false positives” for DUI.

The general point here is that, if you or someone you care about has been recently arrested for Los Angeles DUI, it behooves you to consult ASAP with a good lawyer. Attorney Kraut has a terrific reputation in the industry – not only is he well respected by past clients, but he is also held in high regard by judges and prosecutors, most likely because Attorney Kraut served himself as a prosecutor for 14+ years, and he attended Harvard Law School.

Continue reading "Southern California DUI Bloggers React to "Hogan Knows Best" Sidekick’s Arrest" »

DUI arrests were up significantly this Thanksgiving weekend. The California Highway Patrol assigned all available units to man the streets to catch as many Los Angeles DUI drivers as possible. The statistics have now been released and the number of drunk driver arrests are up. Over the same period last year there were 271 California DUI arrests. This year the number increased to 289 DUI arrests in California. The good news is that the number of driver's killed was significantly down. The total number of deaths due to Los Angeles DUIs was down to eleven.

The statistics are as follows:

Burbank DUI cases

The number of Burbank DUIs also rose this weekend. The statistics are not fully in for the number of DUI arrests in Burbank. According to a leading Burbank DUI Defense Attorney, there has been a significant increase in the efforts of law enforcement in Burbank to stop the number of people driving under the influence of Alcohol in Burbank.

Pasadena DUI cases

The Pasadena Police Department mobilized their officers in an attempt to catch as many Pasadena DUI drivers as possible. While it may seem that that the efforts were overkill, the police want to put the word out this holiday season that driving under the influence in Pasadena will not be accepted. Ask any top rated Pasadena DUI Defense attorney and they will tell you that this is the best way to keep the public safe and away from harm.

Beverly Hills DUI Arrests

The Beverly Hills Police Department is one of the best trained and most highly paid of all law enforcement in Los Angeles County. The department leads the way in Beverly Hills DUI arrests and some of the highest jail sentences for a conviction of driving under the influence of alcohol in Beverly Hills. Beverly Hills DUI Defense Attorney Michael Kraut is one of the top rated DUI defense lawyers in California and he is often quoted in news and print media. When asked about DUI news in Beverly Hills, Mr. Kraut explains that the City has the resources and public backing to quash those charged with this crime within the City limits.

Continue reading "Los Angeles DUI Arrests This Thanksgiving Weekend" »

Last week, the California Office of Traffic Safety announced that it has awarded a $1.1 million grant to the Los Angeles County Sheriff’s Department to expand Los Angeles DUI checkpoints, in an ongoing effort to fight back against injuries and deaths on Southland freeways and surface streets.

If you’ve recently been pulled over for Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI, you may have had an inkling that the Los Angeles Sheriff’s Department was stepping up patrols and enforcement. In fact, the LASD has experimented with new methods and generated new results over the past several years. Three separate motorcycle safety enforcement operations apparently have reduced motorcycle accident fatalities in California. In 2009, 29% fewer motorcyclists died on Southern California road than did in 2008. That said, California is still one of the three most dangerous states for motorcyclists.

The LASD hopes to use the grant money to pursue “warrant searches and stakeouts for repeat DUI offenders, saturation patrols, and court stings.” The Director of the California Office of Traffic Safety, Christopher Murphy, celebrated California’s reduction in alcohol impaired collisions over the past several years. But Murphy insisted “to keep this trend going, we will continue to strive the meet our vision – towards zero deaths, every one counts.”

Two vehicle code sections may be applicable to the crime of DUI in Southern California. The first, California Vehicle Code Section 23152(a), says that, if a police officer pulls you over while you are driving a car, truck, motorcycle, or other motor vehicle, and you happen to be under the influence of alcohol or a narcotic, you may be arrested and taken to jail and then charged with a crime. If you are convicted of this crime – even for a misdemeanor – you can face fines and court costs, license suspension, forced installation of a device in your vehicle that will prevent you from driving if you’ve been drinking at all, and mandatory jail time.

A second relevant law, California Vehicle Code Section 23152(b), defines the crime of Southern California DUI slightly differently. It says that, if you drive with a blood alcohol concentration of 0.08% or more, you can be arrested for DUI and subject to the penalties described above set forth in 23152(a).

If you’ve injured somebody while driving under the influence, other sections of the CVC may be relevant. For instance, DUI with injury is covered by California Vehicle Code Sections 23153(a) and 23153(b). Essentially, these sections can elevate standard misdemeanor charges to felonies if the DUI driver caused injury to another person.

Responding Effectively to Charges

Your legal representation can make an enormous difference to your ultimate sentencing and punishment. A resourceful Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut, may even get the charges against you dropped altogether.

Continue reading "Los Angeles DUI Checkpoints will Expand, Thanks to Large Grant from the California Office of Traffic Safety" »