Los Angeles DUI Attorney Blog

In an ideal world, Burbank DUI arrests would never happen.

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

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

The Conventional Thinking

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

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

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

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

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

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

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

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

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

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

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

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

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?" »

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

What about horses?

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

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

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

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

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

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

Kris Reed, aka “Kid” from the famous 1980s rap duo Kid ’n Play, was arrested last August for driving under the influence near the Long Beach area. The tabloids did not cover this much at the time; indeed, this blog – normally eagle eyed regarded all things Long Beach DUI – did not carry the story, either.

But now the situation has changed. According to a breaking report from tmz.com, a warrant has been issued for the rapper’s arrest, pursuant to charges that he failed to attend a progress hearing on his 2010 arrest.

As TMZ reports, Reed made the exact same mistake last July, when he no show-ed at a different court hearing. Reed made light of his situation, telling a reporter for the celebrity gossip website: “I’ve got DUIs I’m ducking!”

As any Los Angeles DUI lawyer will tell you... and as this blog has reported innumerable times – especially with respect to Lindsay Lohan’s never-ending, tragic DUI ring cycle -- Long Beach DUI defendants often make their situations vastly more complicated by failing to follow simple instructions from their attorneys and abiding by the law on and off the road.

The fact is that a Long Beach DUI – even one involving significant damages and injuries – does not have to mean the end of your license, your career, or your record of good citizenship. Indeed, when properly approached, a Long Beach DUI arrest – and even a conviction – can be a profoundly pivotal point in your life – an opportunity to learn more about yourself, to strengthen your resolve, to rededicate your life in a positive fashion. Prosecutors and judges do recognize when defendants are sincerely contrite. If you take the steps to defend yourself properly (with the help of an experienced Long Beach DUI criminal defense attorney) and address the root problems that got you into trouble, you may walk away from your experience happier, more conscientious, and more focused on success.

Attorney Michael Kraut at the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you develop and execute a common sense, highly strategic approach to your defense. Mr. Kraut is a former prosecutor and current Los Angeles DUI attorney. He was educated at Harvard Law School. He has a fantastic record at jury trials and has won great respect from his peers in the legal community.

Continue reading "No Kidding Around: Long Beach DUI Progress Hearings Must Be Attended. Just Ask Kid from Kid ’n Play" »

According to California Highway Patrol estimates, 248 motorists were arrested under suspicion of driving under the influence in Burbank and elsewhere in Los Angeles over the New Year’s “holiday crackdown” period. Last year, over the same weekend, only 228 motorists were busted for Los Angeles DUI. As pundits have pointed out, this means that DUI arrests spiked by 9% over the 2011 numbers.

What does the spike mean, if anything?

First of all, take a step back. Without context for those statistics, it’s impossible to tell whether a 9% bump in arrests over any given weekend is statistically significant in any way – or whether it’s simply random statistical noise. Unfortunately, the media and many bloggers will make a mountain out of the molehill of these statistics, anyway. The headline “Burbank DUI arrests spiked 9%” will undoubtedly be leveraged to try to prove political points, spur interest in websites through Google searches, and generally sensationalize the situation.

We all, in some sense, understand that the media operates in a less-than-scientific manner when it discusses the ramifications and potential solutions for Burbank DUI. But often the “experts” themselves fall into a similar trap of extrapolating way too much information from poorly parsed statistics and research.

This isn’t to say that we can’t know anything about Burbank DUI or that people shouldn’t report on these stories or spin them. But it’s helpful to deal with numbers and reality instead of fantasies and spin, especially if you are a Burbank DUI defendant confused about your rights, responsibilities, and potential punishments.

Statistics can lead to insight and possible solutions, of course. For instance, a 2009 Centers for Disease Control and Prevention (CDC) analysis found that nearly 11,000 people died on US roads in 2009 due to alcohol influenced auto accidents. The CDC also argues that field sobriety checkpoints in Burbank and elsewhere can reduce DUI accidents by as much as 20%. So it’s not like reporters and policy makers are operating in a zero-information environment. Quite to the contrary, they collectively understand a lot more about Burbank DUI behavior and potential solutions.

If you have an urgent question about your Burbank DUI arrest, connect with an experienced and highly reputable Burbank DUI criminal defense attorney at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to get help now. Attorney Kraut is a Harvard Law School-educated former prosecutor, and he has a nearly perfect record at jury trials and an excellent reputation among his legal peers.

Continue reading "Burbank DUI Arrests (And Arrests Across LA) Up By 9% Over New Year’s: What Does It Mean??" »

While West Hollywood DUI rates over the New Year’s Eve weekend spiked nearly 10% from the 2011 numbers for the same weekend last year, WeHo residents were extremely distracted from the fireworks, celebrations, and festivities by a rampaging arsonist. According to Los Angeles Police Department officials, from Friday through Monday, an arsonist set at least 50 fires throughout West Hollywood, the Valley, North Hollywood, and other communities.

Last Monday, police finally apprehended the suspected arsonist, 24-year-old Harry Burkhart. According to speculation, Burkhart set the fires as an angry retort to his mother’s imminent deportation back to Germany. An anonymous state department official tipped off the LAPD that Dorothee Burkhart – who had been detained in federal custody last week on an arrest warrant – “spewed angry anti-American statements” and may have, indirectly, encouraged her son to cross the line. Of course, this is all speculation, and the investigation will strive to answer some lingering questions panicked West Hollywood residents have about why the arsonist acted. Hopefully, measures will be implemented to stop similar crimes in the future.

Can we draw any general lessons from the blazes to help individuals who have recently been arrested and charged with a crime like driving under the influence of alcohol in West Hollywood? Absolutely.

In fact, there are three lessons.

1. First of all, recidivism breeds prosecutorial aggression.

Driving under the influence in West Hollywood is a serious and potentially lethal crime. Likewise, arson is a felonious, easily lethal action. However, committing multiple crimes – being what’s known as a recidivist – will grab the attention of the long arm of the law and lead to massive punishments. This brings us to lesson number two…

2. If you’re out of control, get help, even if you’ve done something wrong.

Often drivers who get into trouble – by committing a hit-and-run DUI in West Hollywood, for instance – flee responsibility and make their potential punishment worse. When the authorities finally find you, you’ll not only face charges for your original crime, but you will also face additional charges and penalties for evading arrest. On the other hand, it’s never too late to face your responsibilities and deal with your situation strategically and intelligently.

3. If you have been arrested (or know someone has been arrested), connect immediately with a qualified West Hollywood DUI criminal defense attorney.

Michael Kraut of the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is a Harvard Law School-educated, very experienced former prosecutor. He has the connections, understanding of the law at a practical and theoretical level, and compassionate attentiveness you need to build your best case.

Continue reading "West Hollywood DUI Lessons: What to Make of the Xenophobic (?) Serial Arsonist?" »

Let’s face it: The Burbank DUI process is quite technical and scary.

But if you simply study the law, you will not get a sense of how difficult it can be to face Burbank DUI charges. For instance, you might read a story in the news about a guy who gets pulled over for driving 0.14% near Victory Boulevard and how 0.14% BAC is nearly twice the Southern California legal limit, as defined by Southern California Vehicle Code Section 23152(b), and blah blah blah.

But what do those details really tell you? Not too much. They are dry and clinical.

Often, deep sadness, frustration, and anxiety underlie Burbank DUI incidences. For instance, consider one of last week’s biggest tabloid stories: Matthew Barnaby, a former NHL pro with the Buffalo Sabres, was fired from his job as an ESPN analyst after being arrested for driving under the influence in New York. Allegedly, he drove his Porsche Cayenne on the wrong side of the road – while missing a front tire, no less!

ESPN terminated his contract, effective immediately, and Barnaby might also face deportation to Canada, in part because of domestic charges stemming from a previous arrest. Earlier in the year, per the Buffalo News, Barnaby kicked down the garage door at the house of his estranged wife. Per an arrangement with the court, Barnaby agreed to 500 hours of community service and vowed to stay out of trouble.

Well, driving on the wrong side of the road while Burbank DUI with a car missing a front tire is basically the definition of trouble.

Without the backstory here – without knowing that Barnaby had struggled with domestic issues – his DUI would seem out of context and, in essence, random.

Once you understand a little bit about his history, the charges, at least superficially, seem to make more sense. Rarely are human beings motivated by pure caprice when they break the law. Often, there is an underlying factor – or factors – that cause or contribute to the situation.

To build your best defense, therefore, you may find it beneficial to speak with Burbank DUI criminal defense Attorney Michael Kraut of the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Mr. Kraut is a former Deputy DA (14+ years) and respected legal expert on the subject of DUI. Attorney Kraut can help you understand why you got in trouble in the first place and build the best, most strategic case possible.

Continue reading "The Karma of Burbank DUI: Lessons from the DUI Arrest (and Public Shaming) of ESPN Analyst Matthew Barnaby" »

How many Long Beach DUI convictions should a person be allowed to rack up before that person is removed permanently from society?

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

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

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

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

And that, in essence, is the point.

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

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

If you or someone you care about has recently been pulled over and arrested for driving under the influence in Burbank or elsewhere in Southern California, you are likely focused on potential penalties.

The punishments will depend on a vast and diverse constellation of factors. In this blog post, we will discuss some of the “level one” penalties you might expect. Southern California DUI penalties transcend simple issues of jail time, fees, and inconvenience. Unless you identify the root cause of your trouble and work with a responsible Burbank DUI criminal defense attorney, your crisis may only grow bigger.

But enough gloom and doom. Let’s get down to brass tacks. If you are a first time Burbank DUI offender and you get charged with a misdemeanor, the court can still impose a fearsome array of penalties. You may be held for 48 hours in custody with the possibility of up to six months behind bars. Your maximize fine: $1,000… on top of court costs, which can, in and of themselves, be way more than $1,000.

Your CA drivers license can be suspended for a full year. The court can impose six weeks (up to nine months) of alcohol school. You might face probation, both formal and informal, and, as of July 1, 2010, you may be forced to blow into a device called an interlock ignition device every single time you want to drive your car. Basically, the IID stops you from driving your car if you have alcohol on your breath.

The penalties for second-time, third-time, and fourth-time DUI offenders within 10 years ratchet up substantially. Again, the degree to which they will be elevated depends on the nature of the offense and the circumstances. For instance, if you just collect two, non-injury misdemeanor DUIs within an eight-year period, you may be able to battle back pretty effectively. On the other hand, if you hurt someone while driving DUI in Burbank, you may be subject to extra penalties under CVC 23153 (a) and 23153 (b). If you prove to be a recidivist offender, you could be forced to spend up to a year in jail, or your misdemeanor could be even be converted to a felony, and you could be forced to spend even longer behind bars.

You don’t need a blog post to make these penalties sound foreboding and scary.

The threat of jail time alone is enough to terrify most ordinary Angelenos. The threat of fines and court costs is disheartening and terrifying in its own right, particularly if you have a mortgage to pay, creditors nipping at your heels, kids in school, etc. The threat of having your license suspended is obviously horrifying. In Los Angeles, we depend on our cars to go to work, meet our obligations, and go grocery shopping. The threat of probation is annoying at best and a massive inconvenience at worst. Going to alcohol school is also inconvenient, even if it can be useful.

For help piecing together your best Burbank DUI defense, connect with attorney Michael Kraut at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Connect with this former prosecutor today to begin your journey to protect yourself against these frustrating and scary penalties.

Continue reading "Direct Burbank DUI Penalties: The Scary Stuff You Fear Most" »

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" »

You’ve recently been hit with a charge of driving under the influence in Beverly Hills, and you’re still reeling from it. The mind is churning up worst case scenarios:

• What if the person you injured during your Beverly Hills DUI doesn’t recover or is saddled with a lifelong disability?
• What if you have to go to jail for years?
• Who will take care of your business, your home, your family?
• What if you lose your driver’s license and have to pay thousands of dollars in fines, etc?
• What should you be doing now to make your new job as a Beverly Hills DUI defendant easier and more strategic?

We've discussed the direct consequences of Beverly Hills DUI conviction (e.g. jail time, fine/fees, mandatory alcohol school, mandatory installation of an IID device in your vehicle, probation, etc) as well as the indirect consequences (e.g. hiked up insurance rates, loss of confidence, loss of self respect and professional reputation, massive, chronic inconveniences that strain your budget, etc).

But a third, arguably even scarier set of penalties awaits you. These pertain to the effect of your DUI event and possible conviction on society as a whole.

To get a little philosophical for a second… cities like Beverly Hills (and Los Angeles in general) maintain their social cohesion through bonds of trust, order, and mutual self interest. Those bonds are not absolute, however. Difficult economic conditions, fraud and crime, war, disease, and other destabilizing forces can fray these bonds and lead to chaos in the community.

Now, obviously, your Beverly Hills DUI is not going to “make or break” the city. At least, hopefully it’s not going to. On the other hand, the incremental effects of Los Angeles DUI arrests, convictions, consequences, etc on society as a whole are non-negligible. In other words, what you do behind the wheel has an effect beyond the immediate radius of your accident.

If you recall the movie Office Space, you’ll likely remember the scam the co-workers pulled – they essentially tried to “shave off” fractions of a cent from millions of bank accounts in a high-tech heist. Individually, no one customer was hurt; collectively, however, the financial institution was damaged.

The obvious retort is: Well, it was just me who got in trouble. How much of a difference could my actions have made? But multiply that attitude times hundreds of thousands of Angelinos, and you have a recipe for chaos, disorder and worse.

The moral here is: You have a choice. Even if you’ve already a committed a Beverly Hills DUI – and even if that DUI was serious and caused injury and/or property damage – you have a choice right now to change your perspective on what happened and not only rebuild your own life but also work towards healing society and making the city and our world a more compassionate, livable, hopeful environment.

Of course, it's important to ground ideals into solid thinking and strategy. Connect with a Beverly Hills DUI defense attorney from the Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935 ) right now to plan your next steps. Attorney Kraut is a hugely respected former prosecutor who can help you understand your rights and best next steps.

Continue reading "Beverly Hills DUI Penalties: When You Suffer, Everyone Around You Does, Too" »

How much will your Pasadena DUI cost you, in terms of energy, freedom, and, perhaps most substantially, money?

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

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

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

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

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

So what can you do?

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

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

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

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

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

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

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

So how do you make progress?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When you read about celebrities (or even relatives of celebrities) arrested for driving under the influence in Long Beach or elsewhere in the Southland, you have to feel a certain amount of sympathy and sadness. Celebrities, actors, politicians, well-healed CEOs and others who get into trouble with the Long Beach DUI laws inevitably face not only protracted legal troubles but also embarrassment and shame because, as important figure heads, they “should have known better.” So guilt and shame likely compound the already stressful situation.

Last week, Griffin O’Neal – son of actor Ryan O’Neal and daughter of the late great actress Farah Fawcett – pled guilty to felony charges of possession of a firearm by a felon and driving under the influence, according to a San Diego Union Tribune report. The 47-year-old had a strike on his record for a 1992 vehicular shooting in Los Angeles. He didn’t hit anyone with the bullets, but he did shoot up a car, apparently.

Griffin collided head first with a car in San Pasqual, CA last August. The Union Tribune reports that “toxicology test revealed that O’Neal had amphetamines, cocaine, marijuana and Xanax in his blood at the time of collision…(in addition) raw cocaine and loaded weapons were found in (his) vehicle."

Interestingly enough, Griffin’s half brother, Redmond, had been stopped and arrested in Santa Monica the day of his crash, after police officers found heroin in Redmond’s car.

Once you've been arrested for a drug DUI in Long Beach, multiple alarm bells should probably go off. You don’t have to be Dr. Drew or a licensed psychotherapist to at least postulate that significant demons must be plaguing poor Mr. O’Neal. The question for anyone concerned with Long Beach DUI safety is: what should be done to treat people who are convicted for Long Beach drug DUI? And within the context of “what’s best for the defendant,” what can we do collectively to make our roads safer and more DUI driver proof?

These are obviously two huge questions – bigger than this blog post can tackle effectively. However, it’s at least helpful to raise them. The more we collectively think deeply about the news – not just scan it and gulp it down, but actually take the time to process its meaning and introspect on it – the better strategic thinking we will develop as a result.

On a more, specific, pragmatic note, if you need a Long Beach DUI criminal defense attorney, consider talking to Harvard Law School educated former prosecutor Michael Kraut of Long Beach’s Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Attorney Kraut is a well regarded and well connected attorney who has excellent knowledge of the system and a deep and practical understanding of what it takes to win a DUI defense case.

Continue reading "Celebrity DUI in Long Beach Update: Griffin O’Neal Pleads Guilty to DUI and Drug Charges" »

It’s no secret that driving under the influence in Beverly Hills or elsewhere in the Southland is a one-way ticket for disaster, for your license, your pocket book, your reputation, and potentially, your life and the lives of the people on the road.

If it’s such a “no brainer” to avoid driving DUI, than anyone with even a modicum of common sense should understand that violating California Vehicle Code Section 23152(a) or 23152(b) is less than a stellar idea.

It sure seems like a no-brainer. But why, then, do so many people get into so much trouble behind the wheel? Perhaps more interestingly, why do professionals in the legal system -- even people who prosecute DUI cases day in, day out, as part of their livelihood -- make the same blunders that “amateurs” do?

We can save the psychological speculation for a later time. It’s probably more interesting to take a look at specific examples, such as last Wednesday’s arrest of Yakima County Prosecutor Jim Hagarty. According to a local Seattle news report at www.kapptv.com: “The State Patrol says Hagarty rear-ended another car on South First Street about 7:15 last night. Troopers said Hagarty showed signs of impairment, so they arrested him and took him to the county jail for a breathalyzer test. The State Patrol hasn't released the results of that test, but Hagarty was cited for DUI.”

When a prosecuting attorney gets arrested for DUI in Beverly Hills, Yakima County, or anywhere else, it's a fascinating and certainly sad development. It should ring alarm bells as well as underline the fact that defendants in Beverly Hills DUI cases are diverse. They can run the gamut from serial offenders to paragons of rectitude.

We can analyze Hagarty’s arrest on a number of levels. On the one hand, the cynical reader might think it indicates that our Beverly Hills’ DUI problem is totally out of control: even prosecutors are getting into the act. The cynic might say: "lawmakers need to pass more draconian anti-DUI laws, and we need to “turn the screws” harder on anyone guilty of DUI."

On the other hand, you can embrace a more expansive view, and appreciate that the challenges and struggles that lead people to drive DUI are profound, subtle, and worthy of compassion.

Perhaps the "assumed choice" – that we have to choose between punishing Beverly Hills DUI drivers or living with dangerous roads – is a false one. Perhaps one way to make roads safer is to understand the complex factors that drive people to commit crimes like Beverly Hills DUI. If we can root out the fundamental causes of bad, dangerous, distracted driving, then we can come up with better remedies. Our problems may be easier to solve than we realize.

For help from a Beverly Hills DUI criminal defense lawyer, connect with the team at the Kraut Law Group. Attorney Michael Kraut is an experienced, well-regarded former prosecutor who has the tools, resources, and connections to help you come up with your best defense.

Continue reading "Beverly Hills DUI Consequences – Does No One Care? Even DUI Prosecutors are Getting Arrested…" »

Anyone who has sat and pondered the penalties for Long Beach DUI understands, on a visceral level, what fear feels like.

It’s not just the potential jail time that scares defendants. It’s all the other logistical, financial, and emotional headaches that come with the conviction. For instance, even if you are convicted for a minor misdemeanor Long Beach DUI -- no property damage or injuries -- you can face substantial mandatory alcohol school, court fines and fees, mandatory installation of an IID in your vehicle, license suspension, and, yes, possibly substantial jail time.

Those Long Beach DUI penalties are only the direct penalties. You still may have to face the indirect – the secondary, tertiary and quaternary “blow back” from your conviction – such as screwed up insurance rates, loss of support from friends, family members, and employers, self esteem problems, inconveniences both short term and chronic, and loss of self confidence.

Given all these disincentives, it’s not surprising that some people try their darndest to escape the Long Beach DUI process. Smart defendants might research and then retain a top-caliber 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). (Mr. Kraut is an experienced, highly reputed attorney with the connections, strategic insight, jury trial record, and compassion to help practically any Long Beach DUI defendant, no matter how complicated or scary the situation.)

On the other hand, fear can also motivate some, shall we say, less than intelligent behavior.

Consider a baffling story out of Scranton, Pennsylvania, of all places. A 29-year old man suspected in a DUI crash left a medical center in leg irons to escape custody. Here is a report from therepublic.com: “Authorities say (the 29-year-old Blaise) Melofchik was arrested on suspicion of driving under the influence after police said he crashed into a parked car on Tuesday. Officers took him to the hospital after he appeared to be under the influence of opioids." The Times Tribune (a local paper) reported that Mr. Melofchik managed to walk away from the Medical Center and escape undetected.

Even after “patrol officers swarmed the area looking for (him),” the search was unsuccessful. Authorities blamed the “breakdown in communication” for Mr. Melofchik's escape. But the deeper story here is the fear, possibly terror, that the suspect felt which motivated him to undertake the risky escape. If he does eventually get rounded up, one might naturally suspect that additional charges will be thrown at him.

Do not overcomplicate your defense. Begin today by making smarter choices and by connecting with a reputable Long Beach criminal defense attorney.

Continue reading "Fear of Long Beach DUI Penalties: Is It Enough to Make You Run in Leg Irons?" »

In the annals of Beverly Hills DUI arrests (and arrests for similar crimes in surrounding areas, like Pacific Palisades and Malibu), few sordid tales are as well known as Mel Gibson’s July 28, 2006 arrest on the PCH for driving under the influence. As regular readers of this blog (and really any publication that even remotely address problems like celebrity dysfunction and Beverly Hills DUI) know, Gibson dined at Moon Shadows in Malibu just hours before getting pulled over and spouting off crazy antisemitic ramblings to the arresting officer.

The “What Women Want” actor absorbed the public once again with a lurid spectacle earlier this year. Taped arguments between Gibson and his ex-girlfriend leaked into the blogosphere, revealing the ramblings of what appeared to be a sad, desperate person. Many of Gibson’s fans abandoned him, and even his long-term Hollywood pals distanced themselves. Never one to be intimidated, however, Gibson refused to allow the bad press to impact his life and his wanderings. Last week, paparazzi snapped some photos of Gibson hanging out at Moon Shadows at Malibu with a young lady friend, whom TMZ.com referred to as a “mysterious blonde.”

Gibson apparently was in no mood to repeat his mistakes of 2006 – he did not consume alcohol, and he had a driver drive him and his date home.

Nevertheless, this story does raise some interesting implications about what happens when defendants commit the same crime twice. If you are arrested and convicted more than once for Beverly Hills DUI, pursuant California Vehicle Code Sections 23152(a) or 23152(b), within a 10-year period, your penalties can escalate substantially.

Collect three DUI’s or more in one decade, for instance, and what ordinarily would be a simple (and potentially dismissible) misdemeanor Beverly Hills DUI charge could get jacked up to a felony DUI charge. As students of the law (and watchers of legal procedural shows) know well, a felony is far more serious than a misdemeanor. Depending on the nature of the legal indiscretion, you may also face additional penalties, such as extended probation time and stricter terms, longer time in alcohol school, longer drivers’ license suspension, more jail time, steeper fines and court costs, and harsher indirect problems, such as spikes in your insurance rates.

For help with your DUI charge, connect with the respected, highly accredited Los Angeles criminal defense attorney Michael Kraut of Beverly Hills’ Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Kraut has experience fighting for both sides: before he became a criminal defense attorney, he spent 14 years as a city prosecutor, during which he amassed a nearly perfect record at jury trials and a reputation as a convincing, compassionate, astute student of the law.

Continue reading "Beverly Hills DUI Flashback: Mel Gibson Visits Same Restaurant He Went to Moments Before Infamous 2006 Bust" »

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?" »