Los Angeles DUI Attorney Blog

Last Wednesday, Chargers wide receiver Vincent Jackson pled guilty to driving under the influence in Southern California in January 2009, and prosecutors set the terms of his sentencing.

The 27-year old Jackson had been arrested in January with a BAC of 0.17% (California’s legal limit is 0.08%). The January ’09 arrest was actually his second Southern California DUI. He was busted in June 2006 and convicted for that DUI -- netting him a $1,750 fine and five years of probation. This time, he did not get off so easily. In addition to a concomitant fine (of $2,408) and another five years probation, the wide receiver will have to do 15 days of community service and will likely be suspended by the National Football League for at least two games.

In light of recent comments Jackson made in the radio interview, during which he taunted his prosecutors, many analysts are saying that Jackson is getting off pretty easy. For a comparison, the City Attorney’s Office had requested the Judge to give Jackson 180 days in jail -- also known as “substantial custody.” City attorneys were also miffed because Jackson managed to pull off a string of continuances that allowed him to delay his Southern California DUI sentencing until after the NFL season. (Nevertheless, San Diego’s City Attorney did not oppose the two continuances when they were filed.)

The Jackson sentence may or may not be an aberration, depending on who you speak to. But how do the sentencing guidelines differ for first and second time Burbank DUI offenses?

Sentencing can depend on a host of factors, including the context of the DUI arrest, whether or not the defendant cooperates with prosecutors, whether anyone was injured during, and so forth.

That said, typical first time penalties for Southern California DUI include:

• 48 hours in jail with six months maximum imprisonment
• Mandatory installation of Interlock Ignition Device (IID) -- this is a new punishment that went into effect in January 2010
• Six weeks minimum DUI alcohol school (nine months maximum)
• A suspension of California driver’s license for a full year
• $1,000 fine
• Court costs (often can be significantly higher than $1,000)
• Strict terms of formal probation for misdemeanor DUI offenders

Second time DUI offenders typically can get the following penalties:

• Jail time of four to ten days (minimum); maximum six months
• Two year suspension of California drivers’ license
• 18 months minimum DUI alcohol school (30 months maximum)
• Imposed installation of IID
• Fines and court costs which can be much higher than first time DUI fines
• Probation terms which can be much stricter than terms for first time violators

For help analyzing your Burbank DUI defense, you may need to turn to an experienced attorney.

Continue reading "“Guilty” Verdict Handed Down in Southern California DUI Case for Pro Bowl Wide Receiver" »

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.

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" »

On January 23rd, two individuals both driving under the influence of alcohol in Burbank collided into one another, causing minor injuries and damage. According to investigating officer, James Laforce, here is what happened:

A car traveling eastbound on Sherman Way attempted a U-turn, when an oncoming truck plowed into it, knocking the car onto a nearby curb. The truck, meanwhile, slammed into a Ford Mustang parked nearby. The truck driver -- along with his passenger -- fled the scene, but both men were apprehended and arrested shortly thereafter for trying to break into someone’s residence.

The truck driver got tagged for a felony hit and run charge; he is currently being investigated for a misdemeanor DUI charge. Meanwhile, the 20-something-year-old woman who had been driving the car got taken to hospital for minor injuries. Reports suggest that neither her, nor her passengers, suffered any life-threatening injuries. Nevertheless, the woman was hit with a felony Los Angeles DUI charge.

Laforce had this to say about the accident: “it was ugly… they are lucky they are alive.”

In this Burbank DUI instance, fortunately no one got seriously injured or killed. But what happens if someone dies in a Southern California DUI crash? What kinds of charges might a driver face?

The answer, obviously, depends on the circumstances of the accident. California Penal Code Section 191.5(a) describes the charge of gross vehicular manslaughter while intoxicated. To prove this kind of charge, prosecutors must show four key things:
1) The person drove a motor vehicle with a BAC of 0.08% or higher; or otherwise clearly drove under the influence of a drug;
2) The person committed a driving infraction or unlawful act -- such as a misdemeanor -- that could potentially cause someone to die;
3) The driver not only committed this unlawful act or infraction, but he or she did so with gross negligence;
4) This gross negligence led to someone’s death.

DUI murder charges (a.k.a. Watson murders) carry even stiffer penalties and harsher jail sentences than do charges of gross vehicular manslaughter while intoxicated.

Whether you’re facing a (relatively) minor misdemeanor Burbank DUI charge, or you’ve been arrested for gross vehicular manslaughter while under the influence, you are entitled to a sound and competent defense. Given how much is at stake, it makes sense to invest in high quality legal representation.

Continue reading "Double Trouble: Twin felony Los Angeles DUI charges handed out after two DUI drivers crash into each other" »

Mel Gibson’s 2006 Los Angeles DUI arrest may have been the most written-about celebrity DUI arrests of the past decade. That’s saying a lot, given the wall-to-wall coverage that celebrity DUIs merit (see, for example, the DUIs for Lindsay Lohan, Nick Nolte, Stephanie Pratt, etc.).

Gibson’s arrest on Pacific Coast Highway on July 28, 2006 was relatively “ordinary” as far as Beverly Hills DUI arrests go. He was driving more than 40 miles over the speed limit with a BAC that later tested at 0.12% (California’s legal limit is 0.08%), when he was pulled over and arrested by Malibu police deputy James Mee. Gibson allegedly launched into an anti-Semitic rant, behavior that he later admitted was “despicable.”

Gibson and his publicists worked hard to put that memorable Southern California DUI arrest in the past. But old wounds opened on Wednesday February 3rd when the actor lashed out against Chicago television reporter Dean Richards (WGN TV), after Richards brought up the DUI during a TV interview about Gibson’s latest film, Edge of Darkness. Richards asked the actor about his “drinking problems” and “the anti Semitic rant.” Gibson shot back “that was almost four years ago, dude. I’ve moved on. I guess you haven’t.” Then, Gibson called the reporter an a****** -- apparently unaware that the cameras were still rolling. (Gibson and his publicists have since done another round of damage control to keep this latest bit of hostility under wraps.)

Any mention of Gibson’s arrest would be incomplete without a brief discussion of the penalties typically doled out for misdemeanor Southern California DUI. Even if it’s only your first time pulled over for driving under the influence, you can still be subject to any one (and possibly even all) of the following punishments:

• Six weeks of DUI alcohol school (maximum nine months)
• Strict terms of probation for release. You may have to check in with a California probation officer periodically and adhere to other conditions and terms to get released.
• One year suspension of California drivers’ license -- no restricted license allowed
• A $1,000 fine
• Court costs (which can be significantly more than $1,000)
• Mandatory jail time of two full days in custody (48 hours); maximum half a year in jail
• Mandatory installation of interlock ignition device (IID) in your vehicle. (For instance, had Gibson been arrested for a Southern California DUI today instead of in 2006, he would have been compelled by law to install an IID in his 2006 Lexus LS 430.)

How can you effectively construct a defense so you won’t have to endure these (many) penalties for driving under the influence in Burbank or elsewhere in Los Angeles?

Lawyers abound in Southern California who can nominally do this kind of defense work. But unless you're very careful about choosing, you can easily get second class representation, which could indirectly mean more stringent punishments and a longer, more costly road to rehabilitation. Fortunately, you have options…

Continue reading "Mel Gibson’s 2006 Los Angeles DUI Back in the News after Gibson Curses TV Reporter" »

On Wednesday, January 27, Adrian Pasdar, star of NBC's "Heroes" series, was pulled over for driving under the influence in Los Angeles. According to reports, the 44-year-old actor was speeding on the 405 in his Ford F-150 truck at nearly 100 miles per hour -- straddling two lanes of traffic -- when the California Highway Patrol pulled him over at 3 a.m. near Santa Monica Boulevard. After noticing an odor of alcohol coming from his car, the cops gave him a field sobriety test. Pasdar refused a breathalyzer and was remanded to County Jail and held on a $15,000 bond, which he posted at 8:30 AM. His misdemeanor Los Angeles DUI trial has been scheduled for February 24. Pasdar is married to Natalie Maines, one of the lead singers for the Dixie Chicks.

Whether you're pulled over for a Long Beach DUI on the 405 South, or a Burbank DUI on the 101, the California Highway Patrol administers similar kinds of field sobriety tests. What are the typical field sobriety tests (FSTs), and how do they purport to work? Here's a quick primer:

Gaze tests

The Horizontal Gaze Nystagmus test determines pupil coordination. An officer tracks the eye movement of a suspect following an object or a light.

Balancing tests

Common balancing tests include the One Leg Stand test, the Walk the Line test, and the Rhomberg test. With the One Leg Stand test, a driver is asked to stand on one leg. If he or she tips over, this might indicate DUI. The Walk the Line test is perhaps the most famous Southern California DUI field sobriety test. A suspect must walk nine paces back and forth on a straight line (e.g. a highway divider line). If the suspect "falls off," then he or she might be suspected. Finally, the Rhomberg test involves leaning back and counting to 30. Again, tipping over might indicate intoxication.

Coordination tests

The so-called Finger to the Nose test is perhaps the most common. In this exam, a driver closes her eyes and attempts to touch her nose after extending her arms. If the driver cannot "find" her nose, then DUI may be suspected.

Officers will also look for indicators of demeanor and constitution. For instance, let's say police pull over a person on suspicion of driving under the influence in Long Beach on the 405 South. In addition to performing the FSTs, officers will also look for signs like slow speech response, impaired motor skills, disheveled appearance, watery eyes, and general lack of coordination.

If you or someone you love has been stopped and arrested for a Long Beach DUI, you may need serious legal assistance to avoid dramatic punishments. The city does not want for lawyers who are willing to tackle Los Angeles DUI defense work. But take the time to find a lawyer who has talent, experience, and a proven trial track record.

Continue reading "Los Angeles DUI Charge for "Heroes" Actor Adrian Pasdar" »

Last Friday, Corporal Elijah Fergusson (22) was sentenced for Southern California DUI manslaughter for a February 22nd, 2008 car accident that resulted in the death of an area doctor, Dr. Michael Sein.

On the night of the accident, Fergusson, a young marine who had just returned from a tour of duty in Iraq, had been playing drinking games on his marine base. His friends hid his car keys. But then Fergusson got into a phone altercation with his wife, who threatened to leave him. Determined to see her and his young child, the marine allegedly bullied his subordinates into letting him drive a Dodge Cavalier. But he got lost on the way to his house and ended up on McArthur Boulevard, where he slammed into the back of Seins’ vehicle at 74 mph.

Fergusson’s attorneys had argued that the marine got PTSD on his tour of duty in Iraq and that therefore he should be let off with a more lenient sentence. In the end, Judge Ronald Bauer of Superior Court agreed with the Deputy District Attorney’s recommendation of 15 years to life for the DUI manslaughter. (The family of the victim had asked for a 21 year to life term.)

The distinction between Southern California DUI vehicular manslaughter and DUI murder can be subtle. Most non experts assume that charges of vehicular manslaughter, gross vehicular manslaughter while intoxicated, and DUI murder are interchangeable. But in fact they are extremely different. They carry different penalties and require different burdens of proof.

In California, a vehicular manslaughter charge can be filed if a driver causes a traffic accident due to negligence, gross negligence, or the commission of a traffic infraction. Whether or not you were under the influence when the accident happened is immaterial for this charge.

The charge of gross vehicular manslaughter while intoxicated is far more serious -- pursuant to penal code section 191.5(a), the prosecution must prove four points in order for this charge to stick:

1) The suspect was driving under the influence in Southern California with a BAC level of 0.08 percent or more.
2) The driver committed an infraction, misdemeanor, or other act that could lead to death.
3) The infraction, unlawful act or misdemeanor could lead to someone’s death “with gross negligence.”
4) The grossly negligent actions of the driver were the cause of the death of somebody.

DUI murder charges are even more serious. These charges are often called “Watson murders.” If convicted, an individual can face 15 + years to life in jail. Watson murder charges are typically only brought in extreme cases. For instance, if the suspect has numerous DUI convictions and then gets behind the wheel while under the influence and kills someone, he or she might be subjected to a Watson murder charge.

If you or someone you know or love has been charged with vehicular manslaughter, gross vehicular manslaughter while intoxicated, or DUI murder in Southern California, you likely need a solid, well versed attorney to represent you.

Continue reading "Sentencing Issued in Southern California DUI Manslaughter Case" »

In January 2008, Chargers receiver Vincent Jackson got busted for driving under the influence in Southern California. Today - nearly two years to the day since that arrest - Jackson's driving troubles are again making headlines. Sunday night, just hours after the Chargers lost a bitterly contested battle against the New York Jets for the right to continue on in the playoffs -- Jackson got pulled over by San Diego police for blasting music from his car. The officer found that Jackson had been driving on a suspended license and had expired tags. San Diego 10 News reported that Jackson was not actually taken to jail -- but he did get handcuffed at the scene.

In addition to his January 2008 DUI charge, the troubled receiver is also grappling with a second Southern California DUI charge; his BAC level in that case was allegedly twice the CA legal limit of 0.08%. He got a continuance on this charge last week, but if he's ultimately convicted, the NFL could suspend him.

What happens when you're arrested multiple times for driving under the influence in Southern California?

Obviously, penalties increase. But how, specifically? And how might these increased threats impact defense strategies?

In one sense, every case is different. Sentencing can depend on eclectic factors such as:

* the lawyers involved
* the judge you get
* the arguments you make
* the context of the DUI arrest
* your level of contrition
* etc

That said, mandatory punishments for first time misdemeanor DUI offenses differ from from mandatory multiple DUI punishments in some key ways.

First-time punishments often include:

* CA driver's license suspension
* $1000+ fine
* Additional costs levied (can vastly exceed the $1000 fine)
* 48 hours behind bars (six months maximum)
* Forced DUI alcohol school
* Mandatory insulation of an interlock ignition device (IID) -- even first-time misdemeanor DUI convicts must install an IID, subsequent to the law that went into effect on January 1, 2010
* Probation and other court imposed terms of release

But if, within 10 years, you get convicted of two+ charges of DUI in Southern California, possible penalties can increase in the following ways.

* Fines: whereas with a first-time misdemeanor DUI, the maximum fine is $1000; with multiple DUIs, this number can go up -- way up.
* License suspension: a second DUI nets you a two-year suspension. A third DUI nets you a 18 month suspension. And so forth.
* Minimum jail time: A second DUI leads to a mandatory minimum sentence of 4-10 days behind bars. A 3rd DUI leads to a mandatory minimum of 120 days. A fourth DUI leads to a mandatory 180 days in jail. And that's all just for misdemeanor convictions.
* Minimum time spent in alcohol school also goes up with each conviction.
* Terms of probation can stiffen with each new DUI conviction.

Building a stout defense to Los Angeles DUI, Long Beach DUI, or Whittier DUI charges is not easy, even for veteran defense attorneys.

Continue reading "Southern California DUI Charges for Chargers Receiver? Not Quite. But Last Few Days Clearly Have Not Been Kind to San Diego Football." »

As the holiday season winds up and the business year winds down, it is time to reflect on some of the biggest Southern California DUI stories -- news items that caught our attention, scared us, wowed us, or just surprised us. Here are nine of the most intriguing of these items.

9. Roger Avary -- the screenwriter of such classics as Pulp Fiction and The Rules of Attraction was involved in a tragic case collision on January 13, in which he hit and killed a tourist, Andreas Zedine. Avary was booked at the Ventura County Jail and held on a bail of $50,000.

8. Jani Lane -- the 45-year-old former rock star (of the band Warrant -- famous for songs such as Cherry Pie) was busted for DUI in Los Angeles on 9:30 p.m. on June 18. Although he hit a car -- and had to make a bail payment of $30,000 according to reports from the LAPD -- he did not cause injury to others.

7. Lori Petty -- The actor, who starred in popular ‘80s movies like Point Break (with Keanu Reeves) and A League of Their Own (with Tom Hanks), was arrested after she drove into a Venice Beach skateboarder in early June. Bail was set at $100,000.

6. Joba Chamberlain -- The baseball player was arrested on April 2nd for driving in Nebraska with a BAC of over 0.13% - nearly twice the legal limit for driving under the influence in California (0.08%).

5. Russell Rhodes -- a local Tampa Florida news anchor (WTVT Channel 13) was arrested on January 16 for DUI after fleeing on foot from police. An officer allegedly tackled the anchor, who suffered bruising, lacerations, and injuries to his face.

4. Charles Barkley -- Technically the basketball great was arrested on December 31st, 2008. But since his DUI stop in Scottsdale, Arizona occurred fewer than 24 hours prior to the fall of the Apple in Times Square, we’re including him in 2009 category.

3. Brian Bosworth -- the former Seattle Seahawks linebacker and actor (Stone Cold) was pulled over for a Los Angeles DUI while driving his Harley Davidson on Hollywood Boulevard. Bosworth failed a breathalyzer test and was released on a $5,000 bail.

2. Eric Carmen -- The songwriter and lyricist, who is best known for hits from the 1980s such as Hungry Eyes and All By Myself, was sentenced in April for DUI in Ohio. In addition to having to pay fees of around $15,000, the 59 year-old spent 30 days behind bars.

1. Michael Phelps -- Phelps was not technically arrested for DUI in 2009 (he was in 2004), but the Olympic gold medalist’s flirtation with marijuana back in February led to much public consternation and endorsement contract cancellations. Although Phelps was not involved in any kind of injury accident, his celebrity status and formerly-squeaky clean persona proved irresistible to gossip mongers.

Continue reading "Nine Most Talked about Celebrity and Southern California DUI Arrests in 2009 (Part I: January through June)" »

#1. To avoid accidentally driving under the influence in Southern California, plan ahead.

Holidays can be times of frivolity and spontaneity, but they can also be peculiarly dangerous. One of the most time-tested driving tips is also the Boy Scout motto: be prepared.

Very few people who get arrested for driving over the legal limit in California (0.08% BAC) start out their nights hoping to spend hours locked behind bars fretting about their futures. To be safe, you must understand your habits and proclivities and plan accordingly. For instance, if you are charged with a DUI in Pasadena and your in-laws enjoy carousing at a local tavern, line up a designated driver before the fun starts. If you wait until the middle of the evening to develop a back up plan, your judgment may by then be skewed and you may make dumb decisions that could lead you down a dangerous path.

#2. Avoid crazy drivers on the road.

Again, this is common sense. But it's common sense uncommonly practiced. On holidays like New Year's Eve, the Southern California freeways can become exceptionally dangerous. For example, anyone who finds themselves to being charged with a DUI in Glendale, runs the risk of being jailed. Because of the dangers of DUIs on the street, it is vital to avoid driving late at night, if possible, particularly between the hours of midnight to 3 AM and especially on weekends.

#3. Don't drive while talking on a cell phone or texting. Often times, this is used as probable cause to detain some one during an investigation. For example, if a person is texting and also DUI in Beverly Hills, then an officer may stop the person to question them based upon the texting alone. Then, the officer may learn more facts to believe that the person is driving under the influence of alcohol or drugs.

Recent research out of places like Virginia Tech, the National Highway Traffic Safety Administration, and the Insurance Institute for Highway Safety suggest that driving while talking on a cell phone or texting can be a lethal mistake, even if you're using a hands-free headset. The reason is that your mind is still distracted by the call -- it's not just a matter of holding something against your ear or not -- it's a matter of what your brain is paying attention to. Multiple independent surveys bear out this hypothesis. It doesn't matter whether you're driving with or without a headset -- you'll be dangerously distracted either way.

#4. Keep your car tuned up and your eye on the weather.

Although Southern California is not known for its frequent snowstorms, the month of December often sees quite unusual weather. Witness the burst of rain that soaked Southland freeways and byways today. Rain loosens up dirt and oil. The slickness of this slurry of water, oil, dirt, and debris can turn freeways into deathtraps.

#5. Review the laws regarding Southern California DUI.

Studying Los Angeles DUI laws may sound like a less than ideal way to spend your holiday. But studies show that attending to potential dangers can actually be protective. A recent federal study showed that individuals who installed monitors to measure how much electricity their homes used subsequently cut back spontaneously on energy use by about 15% or 20%. The same kind of feedback response effect is the basis for biofeedback, meditation, and the relaxation system known as the Alexander Technique. The idea is that -- by bringing your attention to the fact that California Vehicle Code Section 23152 (a) and 23152 (b) stipulate that drivers who operate motor vehicles with a blood-alcohol concentration of 0.08% or higher can be arrested and charged with a misdemeanor and can receive incredibly steep fines, a one-year California driver's license suspension, court costs, mandatory alcohol school, probation, and even jail time -- you may subconsciously adopt more judicious behavior when you get behind the wheel.

If, however, you or a loved one has been arrested for driving under the influence in Southern California over the 2009 holiday season...

Continue reading "5 Ways to Avoid Having a Los Angeles DUI (or Other Driving-Related Problem) Disrupt Your 2009 Holiday Season" »

Last week, Alexandra Kerry, the 36-year old daughter of senator and former presidential candidate John Kerry, got pulled over for driving under the influence in Los Angeles. On Monday, however, the city prosecutor’s office opted to drop the case against the documentary filmmaker, citing the fact that her blood alcohol (BAC) level was 0.06% -- 0.02% under California’s legal limit of 0.08%.

People Magazine broke the story of Kerry's arrest last week; nevertheless, many details have still yet to be made public. A spokesman for the LAPD said that Kerry posted a $5,000 bail and that she was cited for having an expired registration. She was booked at a Hollywood police station, and a court date had been set for December 10. No other drivers were allegedly involved in the incident, and no one was injured.

As a reputable Southern California DUI attorney will tell you, the key law that governs cases like Kerry’s is California Vehicle Code Section 23152 -- specifically sections 23152(a) and 23152(b). The first section stipulates that if you operate a car, truck, or other vehicle while under the influence of narcotics or alcohol, you can be booked for a criminal act. The section also lays down punishments for violating this law, which include license suspension, serious fines and court costs, and jail time. Section 23152(b) stipulates that one may not drive a car, truck, or other motor vehicle with a BAC of more than 0.08%. (Since Alexandra Kerry -- as we mentioned above -- only had a BAC of 0.06%, it therefore would have been very difficult for prosecutors to build a substantial case against her.)

Not all charges of driving under the influence in Southern California are as easily met, however. If you or a loved one faces similar charges -- or even charges complicated by injuries, property damage, or other factors -- it may behoove you to connect ASAP with Attorney Michael Kraut of the Kraut Law Group.

For years, Attorney Kraut worked as Deputy District Attorney for the city of Los Angeles, during which time he prosecuted some very tough DUI cases. He has since switched over to representing criminal defendants, and he uses his knowledge of procedure and law to develop superior strategies for his clients. Attorney Kraut has an impressive pedigree -- including a degree from Harvard Law School. And he has proven himself many times over both in settlement hearings and at trials. Given the severity of your charge, it makes sense to work with one of the best attorneys that the city has to offer.

Continue reading "Los Angeles DUI Charges against John Kerry’s Daughter Dropped" »

On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson's arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that "the Jews are responsible for all the wars in the world."

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you're overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to "only having had a few drinks," for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you're on probation for driving under the influence of Los Angeles, or if you've just been arrested, you must take a test. (And if you've been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample -- even in spite of the suspect's unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).

Continue reading "Mel Gibson Finally Puts His Southern California DUI Behind Him" »

Thomas Dekker -- the star of the short-lived TV series: "Terminator: the Sarah Connor Chronicles," was arrested on Wednesday for driving under the influence in Los Angeles. According to a report from the celebrity blog TMZ.com, the 21-year-old actor slammed into a bicyclist and was booked on charges of felony DUI in Southern California. The accident took place at around 9 PM in the San Fernando Valley. Dekker's being held on a bail of $100,000.

It's unclear from reports how serious the bicyclist's injuries are; nor is it clear whether Dekker himself suffered injuries or whether any property was damaged.

Given the serious consequences associated with a conviction for felony DUI, Dekker will likely require the services of a qualified and experienced Los Angeles DUI attorney.

California Vehicle Code Section 23153 (a) mandates that, in the event that a DUI driver causes injury to another person or persons, his charge may be elevated from a misdemeanor to a felony. California Vehicle Code Section 23153 (b) outlines many of the penalties that can result from a felony DUI conviction. These can include fines and court costs, jail time, forced restitution to victims, and loss of other privileges and licenses.

That being said, a felony injury Los Angeles DUI conviction is by no means guaranteed. The prosecution must meet a heavy burden of proof. First of all, the prosecution must show that the defendant had been driving with a blood alcohol concentration of 0.08% or greater. Second, the prosecution must show that the defendant had committed some act of negligence or traffic violation that caused the accident that resulted in the injury.

To illustrate this point, let's consider a scenario in which a driver is DUI. But then a bicyclist blows through a stop sign and drives right in front of his car. The cyclist gets hit and injured. In this case, the driver can be convicted of a misdemeanor DUI, since he was under the influence. But he shouldn't be convicted of a felony injury DUI, since he had been obeying the traffic laws; the bicyclist provoked the accident by driving negligently.

As you can see, DUI legal issues can come become incredibly complicated. To make sense of your rights and obligations, you need to analyze and investigate. That's why many defendants trust attorney Michael Kraut to provide savvy guidance. Prior to representing criminal defendants, Attorney Kraut spent years prosecuting Los Angeles DUI cases -- essentially working for the "other side" -- and he leverages his intimate knowledge of the prosecutorial system to deliver superior results time and again.

Continue reading "Terminator Star Taken to Task for Southern California DUI; Bicyclist Injured" »

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.

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" »

According to a September 30th article in The Oregonian, Warren Edwards, an 89 year-old from Vale, Oregon, has been booked on charges of manslaughter and DUI after he struck and killed 60 year-old David Messer on a stretch of Oregon’s Route 26 West. Although the incident occurred far from the hustle and bustle of Southern California’s tangled freeways, Los Angeles DUI experts are paying close attention to the details, particularly since the defendant is of such advanced age. The Oregon State Police have alleged that neither driver was wearing a seat belt at the time and that Edwards did not have a driver’s license on his person.

If you have been involved in a head-on collusion that resulted in fatalities or serious injuries, it makes sense to speak with a Southern California DUI attorney as soon as possible regarding your legal rights and responsibilities.

Gross vehicular manslaughter while intoxicated is defined in California by penal code statute 191.5 (a). If you were drinking prior to your crash, and someone involved (in your vehicle, in other vehicle, a pedestrian, etc.) ended up dying, you may feel tremendous guilt. You may even feel so defeated that you're reluctant to put up a vigorous defense. However, it's critical to act now -- both for your future and for the service of justice -- to test the prosecution’s case.

Often, key evidence that potentially could exonerate you gets overlooked. For instance, maybe the sobriety tests used to ascertain your BAC level were biased, mishandled, or faulty. A probing investigation can turn up exculpatory evidence. Or maybe the driver of the other vehicle was intoxicated or negligent. Alternately, maybe your vehicle had a mechanical problem that made safe handling more difficult.

A savvy Los Angeles DUI defense attorney, such as Michael Kraut of the Kraut Law Group, may be able to poke holes in the prosecution’s arguments. Attorney Kraut spent years working for the city of Los Angeles prosecuting DUI cases. He now draws upon his vast and deep experience to build intelligent, forward thinking arguments for Southern California DUI defendants.

Continue reading "Eighty-Nine Year Old Hit with DUI and Manslaughter Charges -- Case May Hold Lessons for People Charged With Driving Under the Influence in Los Angeles" »

According to an October 2nd article in the New York Times, a Brooklyn grand jury is set to hear testimony in the case of an NYPD officer who struck and killed a young woman with his jeep, allegedly while under the influence of alcohol. Experts in Southern California DUI law are closely following the matter.

According to the Times article, Officer Andrew Kelly drove into a 32 year-old woman, Vionique Valnord, as she was exiting a wedding party. Officer Kelly was off duty at the time, and he refused to take a blood alcohol test at the scene. Under subpoena, he was compelled to take a blood test seven hours later; the test revealed that he had no alcohol in his system. Nevertheless, eye-witnesses have claimed that Officer Kelly exhibited signs of intoxication, including “red watery eyes” and “slurred speech.” The prosecution also alleges that Officer Kelly’s jeep smelled of alcohol. The matter has elicited public outrage and Mayor Bloomberg himself has planned to attend Ms. Valnord’s wake.

Given the ambiguous evidence regarding whether or not Officer Kelly was intoxicated, it’s unclear how the prosecution will make its case. As a practiced Los Angeles DUI attorney might tell you, roadside sobriety tests and blood alcohol tests alike are notoriously unreliable.

Most people understand that blood, urine, and breathalyzer tests can be biased by improper handling, misinterpretation, and design defects. But few realize that even so-called “obvious” signs of intoxication may not be so obvious after all. When police pull suspects over for driving under the influence in Southern California, they usually look for symptoms, such as:

• Lack of physical coordination
• Careless or reckless driving
• Mumbling speech
• Odor of alcohol on or around the suspect
• Eyes that are bloodshot
• Slurry speech
• Poor kinesthetic awareness
• Disheveled appearance
• Changing stories about what events took place and in what order they took place

Taken together, these signs can be extremely suggestive. However, most DUI examinations yield less than conclusive results. Any number of factors can potentially explain why, for instance, a driver has watery eyes and slurred speech. Perhaps he or she is just fatigued. Or perhaps he or she is having a bad reaction to a medication. Similarly, some people are more or less coordinated than others. This doesn’t mean that people who exhibit these symptoms are not intoxicated. (Nor, conversely, does it mean that individuals who fail to exhibit these symptoms are not DUI.)

The general point here is that, to make an accurate assessment of a suspect’s level of intoxication, one must scrutinize other possible hypotheses that could explain the symptoms.

Of course, challenging charges of DUI in Los Angeles -- particularly in cases where other people have been hurt or killed -- can be monumentally difficult. That’s why many defendants turn to expert Los Angeles DUI attorneys, like Michael Kraut of the Kraut Law Group. Prior to becoming a criminal defense lawyer, Attorney Kraut spent years as a prosecutor for Southern California DUI cases. His unique vantage allows him to construct strategic options that many attorneys would never think of, simply because they've never argued for the other side before.

Continue reading "NYPD Officer Charged with DUI Manslaughter -- Case May Hold Relevance for Similar Cases of DUI in Southern California" »

In 2002, actor Nick Nolte was pulled over for a routine Southern California DUI arrest. His mug shot from that arrest -- which depicted him as scary looking and out of control -- took its place among the pantheon of the most infamous celebrity Los Angeles DUI mug shots of all time.

On October 7th, 2009 -- seven years later -- Nolte’s son, Brawley, followed in his father’s footsteps and received his own Los Angeles DUI charge after colliding with another car in Santa Monica. The 23 year-old Brawley also works as an actor; he starred as Mel Gibson’s son in the movie Ransom. According to TMZ.com, when the police arrived to investigate the crash, they subjected Brawley to roadside sobriety tests, which he apparently failed. Bail was set at $5,000.

No doubt, Nolte will require the services of a high caliber Los Angeles DUI attorney to develop an effective defense. Fortunately for both Nolte and the other driver, no one was seriously injured. Notwithstanding, the young actor still could face serious penalties for this first time violation, if he's convicted.

Penalties for violating California Vehicle Code Section 23152 (a) and/or 23152 (b) can run a wide gamut. If you are convicted of a first time misdemeanor DUI in Southern California, the court can impose:

• Mandatory alcohol school -- six weeks minimum, nine months maximum.
• Suspension of CA drivers’ license -- no restricted license to travel to work/school, one year suspension possible.
• Fines and court costs -- a maximum fine of a thousand dollars may be imposed on top court costs, which can add up to much more than a thousand dollars.
• Strict probation terms -- convicted offenders may be barred from drinking alcohol during probation; the police may be able to search your belongings without probable cause.
• A mandatory interlock device installation -- this is a device that’s fitted to your car that prevents you from driving unless you blow into it first. If your breath contains alcohol, the car won’t start. Offenders must also pay for this service out of pocket.
• Jail time -- misdemeanor DUI offenders must spend at least 48 hours in police custody and can get a sentence of up to six months behind bars.

Given the range and severity of these punishments, it’s helpful to discuss your Southern California DUI matter with a practiced attorney, such as Michael Kraut. Prior to founding the Kraut Law Group to provide services for criminal defendants, Attorney Kraut worked directly for the city of Los Angeles investigating and prosecuting DUI matters. Not only does Attorney Kraut boast a stellar record and positive client reviews, but he also boasts a wealth of unique legal knowledge and an impressive academic pedigree.

Continue reading "Nick Nolte’s Son Nabbed for Driving Under the Influence in Southern California" »

Actress and model Tawny Kitaen was arrested for driving under the influence in Southern California when Newport Beach Police pulled over her Range Rover mid-afternoon last Saturday. Kitaen starred in a provocative music video for the band Whitesnake in the 1980s and more recently has appeared on reality shows like Doctor Drew’s Celebrity Rehab and The Surreal Life. According to an AP report, she was released shortly after her arrest on a $2,500 bail. Kitaen had been arrested back in 2006 on charges of possession of cocaine.

Celebrities like Kitaen often turn to an experienced Southern California DUI lawyer to deal with the many complicated legal entanglements that result from arrest. Without good representation, a DUI suspect may miss out on opportunities to challenge the prosecution's case and/or plea bargain down the charges.

Even seemingly straightforward misdemeanor Los Angeles DUI matters can turn exceedingly complex. Nuances in the law abound. For instance, consider that Southern California DUI law is actually covered by two key vehicle code sections: California Vehicle Code § 23152(a) and California Vehicle Code § 23152(b).

California Vehicle Code § 23152(a) stipulates that if you are driving a car and the police pull over your motor vehicle, and you are then found to be "under the influence" of alcohol or drugs, the police can arrest you. If you're convicted, you face a panoply of punishments, including jail, license suspension, points on your DMV record and fines.

California Vehicle Code § 23152 (b), on the other hand, stipulates that someone who drives with a blood alcohol content of 0.08% or above can be charged with a crime.

Los Angeles DUI suspects may be screened for alcohol or drug intoxication at the scene vis-à-vis tests like the roadside sobriety test, the preliminary alcohol screening (PAS) test, the breathalyzer test, and urine or blood tests.

To make an accurate defense, you’ll likely need the services of a veteran and proven lawyer like Attorney Michael Kraut of the Kraut Law Group. After serving as one of LA’s most reputable and successful Deputy District Attorneys (in which capacity, he prosecuted literally dozens of DUI cases), Attorney Kraut switched several years ago to represent criminal defendants. In every DUI case, he brings to bear his uniquely deep and vast knowledge of how Southern California prosecutors operate.

Continue reading "Actress and Music Video Star Arrested For Southern California DUI" »

Bobby Rydell, a former teenage heartthrob and musical theater actor, careered his Bentley into the side of a yoga studio and was subsequently arrested for DWI. While Rydell's story sounds like a typical Southern California DUI story of an “aging celebrity in trouble with the law,” the events actually occurred in Merion, Pennsylvania -- on Montgomery Avenue, to be even more specific. Rydell, who starred in musicals such as Bye Bye Birdie and Wild One, admitted to drinking a few cocktails prior to getting behind the wheel of his ‘69 Bentley and plowing it into the side of the Jai Yoga Studio. BAC tests later revealed that the actor had had a BAC of 0.17% - more than twice the legal limit of 0.08% for a Los Angeles DUI.

Rydell’s wife claimed to reporters that the actor only failed his roadside sobriety test because a recent hip replacement had made it impossible for him to perform the physical actions requested by the arresting officers.

Had Rydell consulted an experienced Los Angeles DUI attorney following his accident, chances are that he and his wife would have been more discrete about disclosing information about the accident. Even seemingly innocuous comments can be taken out of context by both the media and the police and be leveraged against you in a court of law.

What kind of Los Angeles DUI field sobriety tests would someone like Rydell have been subjected to, to determine whether or not he actually was DWI? Sobriety tests tend to go in and out of fashion, but here are some of the more common ones:

Finger to the nose test:

This checks driver coordination. The driver is asked to extend the arms and touch the nose while keeping the eyes closed. Uncoordinated/intoxicated drivers tend to miss the mark more often than sober/coordinated ones.

Rhomberg test:

A driver must close his eyes and tilt his head back and count up to thirty. Intoxicated drivers theoretically are more likely to stumble as a result of this exercise.

One leg stand test:


This is the test that Rydell presumably failed. In it, a driver is asked to stand on one leg for half a minute. DUI or DWI drivers will purportedly lose their balance easier than will sober drivers.

Walk the line test:

This is the "classic" sobriety test often depicted in movies and television. A driver is asked to pace in a straight line back and forth for nine steps. If he or she falls off the line, the police may have grounds to suspect intoxication.

Gaze test:

Officially known as the Horizontal Gaze Nystagmus test, this test is designed to measure pupil reaction time. Intoxicated drivers theoretically will have a harder time following a light or an officer’s finger as it moves back and forth across the field of vision.

All these sobriety tests are of course imperfect. But challenging the validity of their results can be quite difficult, unless your DUI defense attorney has done the proper investigation and preparation. Fortunately, if you or a loved one has been arrested for DUI in Southern California, you can turn to Attorney Michael Kraut of the Kraut Law Group. As a former Deputy District Attorney for LA, a Harvard Law School graduate, and a widely respected figure in the field of criminal defense, Attorney Kraut can bring his many talents and resources to bear on your situation. Given how much is at stake for your freedom and future, it makes sense to find the best possible attorney to represent you.

Continue reading "Bye Bye Birdie Star Busted -- Not for Southern California DUI -- But for DWI in Pennsylvania" »

Gabe Pruitt, the Boston Celtics guard who was arrested back in February for DUI in Los Angeles, has signed a contract with the New York Knicks. Pruitt's arrest on February 26 provoked great discussion at the time. According to an AP report, police pulled Pruitt over after he stopped his car at a green light. Pruitt was also driving with “dark tinted windows,” which are not legal in California. The LA native and USC grad failed a roadside sobriety test. Consequentially, the Celtics suspended him for two games.

Sports figures arrested in Hollywood for driving under the influence often turn to an experienced Southern California DUI attorney to navigate the legal system. This makes good sense. After all, while non-specialized attorneys can handle some aspects of DUI defense, the law can be tricky and subtle. It often takes years for lawyers to develop the knowledge necessary to build smart defenses for their clients.

The AP report on Pruitt’s arrest said he “failed a sobriety test.” What kinds of examinations constitute a typical Los Angeles DUI sobriety test?

Rhomberg Test

A driver leans his head backwards and counts up to thirty. Intoxicated suspects tend to lose their balance and fall over after being distracted by the task of counting.

Walk the Line

A driver must walk nine paces in two directions across a marked line. If he steps off the line, the police may suspect him of intoxication.

One Leg Stand

A driver is asked to stand on one foot for half a minute. If he or she falls over, intoxication may be suspected.

Finger to the Nose

This is a coordination test. A driver closes his eyes and then touches the tip of his nose after extending his arms.

Horizontal Gaze Nystagmus

A driver is asked to follow a moving object from left to right and then back again. Intoxicated drivers may have a difficult time following the stimulus.

Just because a driver fails any one of these tests (or even all of them) does NOT mean that he or she is legally intoxicated. (Conversely, just because someone passes all tests doesn’t mean that he or she is sober, either.) Numerous factors can influence the performance, such as fatigue, anxiety/ stress, underlying health conditions, general disposition, personality, and so on. If you failed a roadside sobriety test in Los Angeles, it makes a lot of sense to connect with an attorney who knows how to challenge the validity of these results. Attorney Michael Kraut of Kraut Law Group spent fourteen years as a Deputy District Attorney for the city of Los Angeles prosecuting Southern California DUI cases similar to yours. Now as operating as a criminal defense lawyer, Attorney Kraut brings to bear a deep understanding of how prosecutors work to cultivate arguments and strategies that get his clients results.

Continue reading "Celtics Guard Who Had Been Arrested For Los Angeles DUI in February Signs with New York Knicks" »

Ronald Belisario entered a plea of not guilty on Thursday August 27th in response to a charge of misdemeanor Southern California DUI. Belisario was arrested two months ago, after CHP officers saw him speaking on the cell phone while driving (which is, in and of itself, a violation of CA law). The Los Angeles Times reported that the police “observed the symptoms of possible alcohol intoxication." Just prior to his arrest, Belisario had helped the Dodgers triumph over Seattle Mariners by pitching a scoreless ninth inning. The Venezuela native was released after making a bail of five thousand dollars; his pre-trial hearing is set for October.

While a top caliber Southern California DUI defense lawyer can develop and deliver powerful defenses for misdemeanor DUI suspects like Belisario, such cases are often delicate, as they are tried simultaneously in the California court system and in the court of public opinion.

That said, even in situations in which the evidence at first glance appears to support the prosecution overwhelmingly, defenses can be found. For instance, consider the blood test -- one of the DUI prosecutor's most potent weapons. Blood tests are more reliable than other tests, like breathalyzers and field sobriety tests. But they are by no means flawless.

An array of objections can be made, including but not limited to:

• Perhaps the technician who took the sample was not qualified.
• Perhaps the sample was not stored, transported, or tested correctly.
• Perhaps the test was performed correctly but officer bias skewed the results.
• Perhaps the officer used alcohol on the skin of a suspect, and that alcohol contaminated the sample.
• Perhaps the sample got mixed up with someone else's.

All these situations can result in unjust and unfair Los Angeles DUI convictions. To challenge the evidence effectively, however, you likely need a veteran lawyer who has practical experience with hundreds of similar cases. Many Southern California DUI defendants trust attorney Michael Kraut. Attorney Kraut spent nearly a decade and a half as a DUI prosecutor before switching to become a criminal defense attorney. Very few other attorneys – even experienced criminal defense lawyers - have that kind of experience from the other side. Attorney Kraut leverages his knowledge of procedures and common prosecutorial arguments to best effect for his clients.

Continue reading "Dodgers Pitcher Pleads Not Guilty to Southern California DUI" »

Not all celebrity sports arrests are for driving under the influence in Southern California. According to an AP report, on August 26, Billy Gillispie, a former basketball coach for the Kentucky Wildcats, was pulled over for DUI in Louisville for "driving erratically." The arresting officer reported that the coach had insisted that he had been out "golfing," even though it was 2:45 a.m. at the time. Gillispie was released Thursday morning on his own recognizance. This was Gillispie's third arrest for DUI, and the incident marks another unfortunate turn for the coach, who had been battling fan criticism about his performance.

A savvy Southern California DUI attorney might have advised Gillispie to be more prudent with respect to his statements to police. Often, making incongruous statements -- such as claiming to be on the way to play golf at three in the morning -- can greatly complicate one's DUI defense.

If you're arrested and convicted of driving under the influence in Los Angeles three or more times within a 10 year period, the consequences can be dire. At minimum, you face 120 days of jail time -- approximately 4 months. At maximum, you face a full year behind bars. Third time offenders also face a year and a half of alcohol school (at minimum), a driver's license suspension of three years (with no chance to get a restrictive license), and steep fines and court costs. If your case is more complicated -- for instance, if your BAC level was extraordinarily high or if you caused injuries -- you could be charged with a felony, which carries much stricter minimums.

Whether this is your first arrest for DUI in Southern California or your third, it likely behooves you to retain a top-notch area attorney. Attorney Michael Kraut of the Kraut Law Group can deliver. Attorney Kraut boasts extensive training. As a Harvard Law School grad and former prosecutor who's tried dozens of Los Angeles DUI cases from the other side, Attorney Kraut knows how to win hard arguments and build smart and efficient defense strategies.

Continue reading "A Kentucky DUI This Time -- Not a Los Angeles DUI -- for Celebrity Basketball Coach" »

Mike Pihl, one of the featured loggers on the History Channel's hit reality series, "Ax Men," has been arrested in an incident that's intrigued people who follow celebrity and Los Angeles DUI cases. According to reports, Pihl drove a jeep with three children inside into a ditch. The vehicle flipped over three times. None of the children inside -- all of whom were under five years of age -- had been wearing seatbelts. Reportedly, one child sustained fairly serious injuries.

Oregon police did not arrest Pihl for driving under the influence -- not because they didn't suspect that alcohol was involved -- but because Pihl had been driving on private property (his own driveway). Nevertheless, police did charge him with reckless endangerment and assault.

Even with a strong and seasoned Los Angeles DUI attorney on your side, if you've been charged with driving under the influence with children in your car, you may face extremely aggressive treatment from prosecutors.

According to California Vehicle Code Section 23153(a), prosecutors can elevate what would otherwise be a standard misdemeanor DUI charge to a felony DUI charge, if another person or persons suffered injuries. Furthermore, according to California Vehicle Code Section 23153(b), if someone drives with a BAC of greater than 0.08% and then violates the law and causes injury, the Los Angeles DUI offender can face an array of punishments, including jail time, steep court costs and fines, and driver's license suspension.

All that said, the law is not without subtlety. If you can prove, for instance, that you didn't violate any traffic laws, you may be able to negotiate a felony down to a misdemeanor, even if you had been DUI and you did cause injury to another person.

To make your best case, however, you likely need to retain an experienced lawyer. Attorney Michael Kraut of the Kraut Law Group spent many years working as a Deputy District Attorney for the city of Los Angeles. In that role, he prosecuted dozens of DUI cases. Having switched to representing DUI defendants, Attorney Kraut brings his wealth of prosecutorial knowledge to bear on every DUI defense he crafts. He gets results because he's intimately familiar with the system and knows what kinds of arguments and strategies to employ.

Continue reading "Reality TV Star Arrested -- not for Southern California DUI -- but for Something Close" »

The CHP has informed all news agencies and the general public that Southern California will be the top priority for Los Angeles DUI arrests and enforcement for driving under the influence laws. According to law enforcement, starting tonight, September 4, 2009 at midnight until Monday September 7, 2009 at the same time, will be a high enforcement time for all law enforcement.

Police will be maxing out the number of officers on the roads to either run a Los Angeles DUI check point or pull over those they suspect of driving under the influence of alcohol or drugs. In California, an arrest for a violation of the California Vehicle Code section 23152(a) and 23152(b), can result in the following penalties occurring:

--Loss of driver's license
--Jail sentence of us to 6 months for a first time Southern California DUI
--Huge fines
--Increased insurance bills for several years
--Criminal record
--Loss of job
--Strict terms of probation

These are just a few of the punishments that the court and the DMV can impose for a first time DUI. A conviction of a subsequent DUI will result in much more severe consequences and significant jail time.

A Los Angeles DUI defense attorney can make the difference between a Pasadena DUI, and beating the rap and remaining free. In many locations in around SoCal defense attorneys are attempting to protect their clients from the unfair treatment of over zealous cops.

For example, a Pasadena DUI defense attorney can reviews the facts concerning an arrest in the San Gabriel Valley.

A Burbank DUI defense attorney will review the facts of an arrest in the area between San Fernando and the Pasadena area. That is a prime location for driving under the influence arrests in the valley.

However, a Beverly Hills DUI defense attorney will be able to advise his clients on some of the more public arrests made by both the CHP and local police agencies. That is especially important since the paparazzi often hang out at the Beverly Hills courthouse to see the new celebrity DUI suspects.

Continue reading "Maximum Enforcement is the Top Priority in Los Angeles DUI prosecutions for the CHP" »

On Tuesday, Brazilian painter Romero Britto pled no contest to charges of driving under the influence. Like several other celebrities charged with Southern Florida and Southern California DUI over the past few months, Britto escaped with a relatively lenient sentence: six months probation; 100 hours of community service; a $1,000 fine; and a six month license suspension.

Britto, who's had work commissioned by the Miami Dolphins (among others), was arrested back in March when he drove his black Bentley erratically along Washington Avenue in Miami Beach. An officer allegedly saw him nearly hit a parked car and pulled him over under suspicion of driving under the influence. Britto blew a breathalyzer reading of 0.16 -- twice the legal limit for Los Angeles DUI. In addition, he failed a roadside sobriety test.

Had Britto been given the chance to consult with an experienced Los Angeles DUI attorney, he might have hesitated about taking that breathalyzer test.

According to solid scientific research, breathalyzer test results are often unreliable. Breathalyzers have trouble distinguishing ethanol (the active compound in alcohol) and other chemicals that may be on the breath. In addition, the early part of the breath may yield a far lower BAC reading than the later part of the breath (which is one of the reasons why officers often ask suspects to blow deeply into breathalyzers). Other factors can throw test readings off, including:

• The time the sample is taken
• Whether or not a suspect is diabetic
• Whether or not a suspect ate food before drinking
• Whether the suspect is a man or a woman
• Poor maintenance of machines
• Officer bias or error
• Calibration errors

If you’ve recently been pulled over for DUI in Southern California, you may need an aggressive, seasoned, and technically astute lawyer to explore your defense options. Los Angeles and Pasadena DUI Attorney Michael Kraut can provide a free, confidential analysis of your options today. Attorney Kraut spent years prosecuting DUI cases in Los Angeles and Southern California and he knows how to orchestrate solid arguments that can break down the prosecution’s case and deliver excellent results. With your future on the line, you need top notch legal counsel to battle for your rights.

Continue reading "Brazilian Artist Britto Sentenced For March Arrest – Another in a Long Line of 2009 Southern Florida and Southern California DUI Celebrity Cases" »

California courts have become more strict on driving under the influence cases (DUI) throughout Southern California. As the economy suffers and court budgets are barely paying for basic services, courts are increasing fines and mandating harsher sentences in DUI cases.

When a person is arrested for a DUI under California Vehicle Code Section 23152(a) and 23152(b), the prosecutor files the charges. A person charged with a DUI will then have to appear in court and should always be represented by a DUI defense attorney. In some cases a person will just show up to court without an attorney and will hope for the best. Most experts believe that is a very unwise decision. First of all, representation on a Los Angeles DUI case is very important. Second, an attorney who is not trained specifically on the complex nature of DUI cases will most likely not do the best for the client.

Often times a DUI defense attorney who is a former prosecutor will have the best knowledge of the case, the defenses and also will have previously worked with the prosecutor. These relationships are often priceless. If a prosecutor knows that he is not only facing a DUI defense attorney who knows the law, but also knows all of the ways to challenge the evidence, he may want to resolve a DUI case early with reduced or dismissed charges.

However, it is important to be very careful when picking your DUI defense firm. All to often the firm claims to be made of up of former prosecutors. However, the former prosecutor may only sign the client and never go to court. These firms are sometimes called "mills" because they charge a lower fee, but do not aggressively handle the case. The former prosecutor may sign the client but then passes the case over to a young attorney who does not have much experience, or was never a prosecutor at all.

The other concern is the actual background of their attorney. Even if the attorney was a former prosecutor, the client should find out where the attorney practiced when they worked for he government. Many "former prosecutors" have come to the Southern California area after they left the prosecutor's office in different cities, or even a different state. Often times when a client asks the tough questions, they learn that the attorney was a prosecutor in Florida, or some other distance place.

Choosing a Los Angeles DUI defense attorney who was a prosecutor in the very court your case is going to be handled may be the most optimal. A DUI attorney who knows the judge, the court staff, the current prosecutor, and the law is probably the best of all situations to assist the client.

Continue reading "DUI Probabtion and Jail Being Ordered on All Southern California DUI Cases" »

An Indianapolis woman was recently arrested for a car crash that injured an 8 year old girl. The police arrested Juna Leon, 31, who now faces a DUI charge causing serious bodily injury.

Reports indicate that Leon was driving drunk when she ran a stop sign causing another vehicle to t-bone her car. The 8 year girl was ejected from the vehicle as a result of the crash.

In California, DUI with injury occurs when another person other then the driver is injured is charged under California Vehicle Code section 23153(a) and 23153(B).

In order for the prosecution to prove their case, they must prove beyond a reasonable doubt that the person at the wheel was driving under the influence of alcohol or drugs, and that as a result of driving under the influence, they caused an injury to another person. If the person at the wheel has a blood alcohol level over .08% by body weight, then there is a presumption that they are driving under the influence.

Continue reading "DUI Arrest in Car Crash That Injured Girl Could Have An Impact on Los Angeles DUI Cases" »

People Magazine’s website has reported that Mischa Barton, a breakout star from the O.C. and a lead on The CW's new show, The Beautiful Life, has been officially released from Cedar-Sinai Hospital following a week long stay for as yet unknown medical issues and psychiatric problems. The A-list TV actress had been arrested for a Los Angeles DUI in 2008 and convicted of a misdemeanor for which she received three years of probation.

At the time of Barton's arrest last year, fans and industry insiders alike worried whether she could overcome her issues and keep her career on track. Barton surprised the naysayers by demonstrating a string of fine performances in her new CW soap. And the show’s EP, Ashton Kutcher, reassured a nervous network that “Mischa Barton is going great.” However, other sources reportedly close to the actress have expressed concern that Barton may still be struggling with extensive substance abuse problems.

It may behoove the starlet to consult a Los Angeles DUI defense attorney before her alleged problems lead her down the path of recividism. Individuals arrested multiple times for driving under the influence in Southern California can be subjected to an array of painful, long term penalties. For instance:

• Second time offenders – if convicted of two Los AngelesDUIs within a ten year period, you will face a mandatory minimum of four days in jail, 18 months in alcohol school, and significant court costs and fines. In addition, the court may suspend your driver’s license for up to two years and impose other penalties, such as ordering that you install an interlock device in your car.

• Third time offenders – if convicted of two misdemeanor Pasadena DUIs within a ten year period, you’ll be sentenced to a minimum of 120 days in custody, and your license could be suspended for up to three years. In addition, you’ll likely face stiffer fines and court costs, stricter probation terms, and other penalties.

• Fourth time offenders – if you’re convicted for four California DUIs within a span of just ten years, you’ll be sentenced to 180 days in jail… that is, if the court rules your charge a misdemeanor. A felony fourth time Los Angeles DUI can land you a prison sentence of up to three years – even if you didn’t injure anyone or cause damage to property. In addition, you’ll suffer a driver’s license suspension of four years and an array of increased fines and penalties.

Continue reading "Actress on Probation for 2008 Southern California DUI Hospitalized for Undefined “Medical Issues”" »

Roderick George Toombs, better known as the WWF's “Rowdy” Roddy Piper, got hit hard with a charge of driving under the influence in Los Angeles on July 2 in Hollywood. The former archrival of “good guy” Hulk Hogan may face up to half a year of jail as well as significant costs, including an $1,000 fine and court costs, if he's convicted of the misdemeanor.

In his heyday, Piper was a national celebrity. To date, he has continued to promote professional wrestling performances. He actually jumped into the ring in late April to do battle with other old time legends, such as “Nature Boy” Ric Flair and Jimmy “Super Fly” Snuka. Piper typically enters the ring to the tune of bagpipes and often plays off the stereotype of a drunken Scotsman.

The wrestler/actor was released on a $5,000 bail at 8:00 a.m. the morning following his arrest. As of this writing, it is not yet known whether Piper has procured the services of a Los Angeles DUI defense attorney.

Given how severe the punishment for a Los Angeles DUI can be, it’s important to understand what specifically police officers look for when they pull over suspects. Here are some common symptoms of DUI that police note in their arrest reports:

• Nonsense speech or incoherent mumbling
• Bloodshot eyes
• Reckless, wild, or negligent driving
• Inability to balance
• Poor pupil control
• Smell of alcohol on the person
• General fumbling and stumbling
• Disheveled appearance
• Inappropriate reactions to officer’s questions (e.g. giddiness/laughter)
• Incomprehensible or illogical explanation of driving behavior or of the evening’s events

Continue reading "Former WWF Arch-Baddie Slammed With Los Angeles DUI Charge" »

Nathan Mathers (a.k.a. Nathan Kane), the 23 year-old younger brother of hip-hop superstar Eminem, pled guilty on July 23 to driving under the influence in April. This will be Mathers’ second DUI conviction, and he could face a whole year in jail, $1,000 in fines, and a forced license suspension of up to a year – a punishment similar to the penalties a second offense Los Angeles DUI might merit.

According to reports, Nathan Mathers had been tooling around the suburbs of Macomb (near metro Detroit) when an ambulance pulled up behind him and flashed its lights and blared its sirens. Mathers did not pull over to let the ambulance by; the police subsequently arrested him. Mathers' BAC level was reported to be 0.17% - more than double the legal limit for Southern California DUI and Michigan DUI. He also allegedly failed roadside sobriety tests.

It’s unclear from the reports how precisely the Michigan police ascertained Mathers’ BAC level. As a Los Angeles DUI defense attorney might tell you, one of the most common ways to do this is to use what’s known as a Preliminary Alcohol Screening test (PAS), which in most cases is a simple breathalyzer exam. The way this works is that DUI suspects are asked to blow into a device, which then estimates BAC based on the alcohol content of the breath.

A Los Angeles Preliminary Alcohol Screening test is not required for all DUI suspects. Notwithstanding what police at the scene may tell you, if you refuse to take such a test, your license will not be immediately suspended (unless you are under 21 or on probation for a Los Angeles DUI, in which case, the police can immediately suspend your license.) PAS test results can be compromised in myriad ways. For instance, the more deeply you breathe into a breathalyzer, the higher your BAC reading will likely be. You can thus easily blow a false positive, even if your actual BAC is well below the legal limit.

Continue reading "Eminem’s Brother Pleads Guilty in Case That's Stirred Much Comment from Los Angeles DUI Blogs" »

Actor Shia LaBeouf, the star of the Transformers films is still on probation for his 2008 Los Angeles DUI arrest. The 23 year-old actor has is now dealing with the ordinary transportation problems that everyday people have when they have been arrested for a southern California DUI or for driving under the influence in Los Angeles. As recent paparazzi photos of LaBeouf walking away from his gym without the benefit of a car because he cannot legally drive due to a court-enforced probation.

It was almost a year ago the LaBeouf got arrested for Southern California DUI after he flipped hisFord pickup truck into oncoming traffic and struck another car. LaBeouf was injured in the accident as was his female passenger. The woman who was driving the other car the the actor hit also sustained minor injuries. LaBeouf was only convicted of a misdemeanor charge of 23152(a) of the California Vehicle Code.

After all, as an experienced Southern California DUI defense attorney might explain, according to California Vehicle Codes § 23152 (a) and 23153 (b), individuals who injure others while driving with a BAC of 0.08% or above can be charged with a felony. In fact, had any of LaBeouf's victims suffered “great bodily injury,” the actor could have faced three years in prison or more depending on the severity of the injury.

Continue reading "Shia LaBeouf Still on Probation for his 2008 Los Angeles DUI Arrest" »

Eddie Mekka, a 57 year-old actor and former lead character from the 1970s hit series Laverne & Shirley, was tagged for DUI in Las Vegas on July 7, just three days after a fellow comedian from the same generation (Joyce DeWitt from Three’s Company) got pulled over for driving under the influence in Southern California.

After Mekka (a.k.a The Big Ragoo) crashed his car, he allegedly failed his roadside sobriety tests. The Tony Award winning actor had been mounting a comeback, including landing substantial roles in recent hits like “It’s Always Sunny in Philadelphia” and “24.” Had the actor been pulled over in Southern California, he would have likely retained a Los Angeles DUI defense attorney to help him battle against violations of California Vehicle Code § 23152 (a) – which prohibits driving motor vehicles while under the influence of drugs or alcohol – and California Vehicle Code § 23153 (b) – which prohibits people from driving with blood alcohol concentrations of above 0.08%.

Given that Mekka’s crash apparently did not lead to serious injuries or property damage, chances are that he will be able to avoid facing felony charges. However, even seemingly cut-and-dry DUI cases can evolve into complex matters. If, as a defendant, you’re not prepared to meet what the prosecution throws your way, you could wind up paying extremely stiff fines, serving a long jail sentence, and enduring other penalties, such as a lengthy driver’s license suspension.

Continue reading "Another Classic Hollywood Legend Booked for DUI" »

Russell Rhodes, a 50 year-old anchor for WTVT Channel 13 in Tampa, has pled no contest to a misdemeanor charge stemming from a January 16, 2009 DUI arrest. Although Rhodes was not charged with a Southern California DUI (in fact, his arrest occurred in Southern Florida), his ordeal caught the attention of many legal watchers here in Los Angeles.

According to reports, a deputy stopped the TV host in a parking garage out of suspicion that Rhodes was driving under the influence. Rhodes fled from the officer on foot. The officer pursued and, in an attempt to detain his suspect, tackled the TV host to the ground, causing bruising and facial bleeding (evident in the attached mug shot).
Had a skillful Southern California DUI defense attorney been handling his case, Rhodes might have been able to get all charges against him excused and even take legal action against the deputy who hit him. That said, Rhodes' sentence of 50 hours of community service and half-a-year of probation is relatively mild compared to punishment for a Los Angeles DUI, which can include a battery of unpleasant penalties.

Even for a first time misdemeanor, a suspect may have to pay a fine of $1,000, endure a driver’s license suspension of a year (with no restricted license privileges), and face a minimum of 48 hours in police custody and a maximum of half-a-year in jail. In addition, first time offenders can also face probation, steep court costs, and mandatory time in Los Angeles DUI alcohol school. Multiple offenders face increased minimum mandatory jail time as well as longer license suspensions, steeper fines, higher court costs, stricter probations, and other penalties.

Continue reading "Arrest of Morning TV Host Has Los Angeles DUI Blogs Buzzing" »

Today, actor Thomas Jane is the toast of Hollywood. The star of the HBO surprise hit "Hung" has found himself gracing the covers of celebrity magazines and leveraging his newfound success to score feature roles. However, Jane's March 2008 Southern California DUI arrest continues to haunt both him and his publicist.

Salacious Arrest Details

The California Highway Patrol arrested Jane more than 16 months ago for zipping down a California freeway at "an extremely high rate of speed" while driving on a suspended license -- while in a Maserati, no less. Jane failed roadside sobriety tests and was subsequently arrested at the scene. His seemingly cliché celebrity Southern California DUI drew an inordinate amount of media attention at the time, perhaps because of Jane's publicly rocky marital battles with actress Patricia Arquette.

Perhaps Jane would have taken his Maserati down a gear had a Los Angeles DUI defense attorney explained the kinds of punishment for Southern California DUI that first time offenders can face. The California court can impose a mandatory sentence of two full days in custody (with a maximum of up to half-a-year in jail). The maximum fine for first time DUI is $1,000 -- probably not much for someone who can afford to drive a Maserati. However, the Court can impose additional costs that can really add up in some cases. In addition, your driver's license can be suspended for a whole year -- with zero restricted license privileges. First-timers also must attend DUI alcohol school for a month and a half and serve probation. In certain cases, convicts may have to install interlock devices in their cars.

Continue reading "Southern California DUI Haunts Star of "Hung"" »

TV star Jeffrey Donovan (lead of "Burn Notice" on the USA Network) was arrested on July 12 for suspicion of driving under the influence. Since the incident took place in Miami Beach, Florida, it can't technically be classified as a celebrity Los Angeles DUI. However, the case has sent the blogs into a frenzy and captured the attention of the national media, in part due to Donovan's eccentric reaction to the arrest.

According to reports, the 41-year-old actor was tooling around in his 2009 Audi when he nearly rear-ended a local police car. Unsurprisingly, the cops pulled Donovan over and questioned him about his reckless driving. According to People Magazine, upon being questioned, Donovan admitted that he had drunk three glasses of wine and had taken over-the-counter Benadryl. He pleaded that he was only "borderline" but then proceeded to fail a roadside sobriety test. The police arrested him on the scene and later released him on $1,000 bail a few hours later. At this moment, it remains unclear how, if at all, Donovan's arrest will impact the filming of Burn Notice.

Had Donovan consulted a qualified Southern California DUI defense attorney prior to speaking with the police, perhaps he would have avoided his embarrassing half-admission of guilt. Often, individuals pulled over for and elsewhere make the mistake of "over-cooperating" with law enforcement, thus blunting their chances for a good defense.

What are some common field sobriety tests used to determine whether someone has been driving under the influence in Southern California?

Once you are stopped by the police for your Los Angeles DUI, the police will begin to administer field sobriety tests. These test include the following:

One Leg Test -- a driver is asked to balance on one foot for half a minute. If he or she falls over, this generally counts as a failure.

Horizontal Nystagmus Test -- an ad hoc eye examination designed to test pupil reaction times.

Rhomberg Test -- similar to the One Leg Test, this is a half-minute exercise. The driver is asked to tilt his head backwards. If he loses his balance, he fails.

Finger to the Nose Test -- The driver must close her eyes and touch her nose with her finger. Theoretically, intoxicated drivers are less likely to "find" their noses.

Continue reading "Another Celebrity Southern California DUI Arrest? -- Not Quite, This One Took Place in Southern Florida" »

On July 9, one of Florida's most celebrated chefs got pulled over under suspicion for DUI after patronizing a local strip club. The arrest of Tim Creehan has gotten the attention of defendants across the country, including many individuals charged with Los Angeles DUI.

According to a report put out by the Destin Log, Mr. Creehan had been carousing at a local strip joint named Sammy's prior to his arrest. A patron noted that the chef had been drinking to excess and alerted the police, who pursued Mr. Creehan to the Destin Bridge. An Okaloosa County Sheriff's Deputy observed him weaving in and out of lanes, crossing the center divider, and nearly driving off the road near the Pelican Beach Resort.

Had a competent Southern California DUI defense attorney been on hand to advise Mr. Creehan, chances are that he or she would have counseled the chef to behave differently than he did. After being pulled over, Mr. Creehan immediately blurted out "Sir, I'm drunk," according to reports. He then promptly failed field sobriety tests and refused to take a breathalyzer, after which he was arrested and transferred to Shallmar Courthouse. A plea arrangement has been scheduled for August 4.

The roadside breathalyzer test is by far the most common Los Angeles preliminary alcohol screening test. A suspect is asked to blow into a device, which records an estimate of blood-alcohol concentration (BAC) based on the chemical composition of the breath. If you have a BAC of above .08%, you can be arrested for driving under the influence in Southern California. Problems with breathalyzer tests abound, however. They can yield false positives. Even accurate readings can be misinterpreted. Equipment malfunctions, officer bias, and other factors can also skew BAC readings.

Continue reading " A-List Chef's Arrest May Influence Southern California and Los Angeles DUI Cases" »