Los Angeles DUI Attorney Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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" »

If you got arrested for driving under the influence in Pasadena or elsewhere in the Southland, what would your mug shot look like?

Would you be happy and smiling? Would you be giving "two thumbs up" to the photographer who snapped your Pasadena DUI mug shot?

Probably not.

How, then, can we explain the grinning mugshot of 24-year-old Michelle Watson, a driver busted for DUI last week in Prescott, AZ? During the arrest, she "shoved one police officer and kneed a second in the crotch during a profanity laced battle."

According to reports from TheSmokingGun.com, Watson shouted to a police officer "I don't have to walk f------- anywhere," moments before she was tagged for DUI super extreme, after blowing a BAC more than three times the legal limit. She also faces charges of resisting arrest and aggravated assault.

Nevertheless, when the time came for Ms. Watson to take her mug shot at the local county jail, she "flashed a grin and two big thumbs up" for the cops.

Strange, isn't it?

The first reaction that comes to mind is: she can't REALLY be happy, can she?

After all, who would want to face Pasadena DUI penalties? These range from the mundane but annoying -- loss of driver's license, mandatory interlock ignition device in your vehicle, etc. -- to scary and life-changing -- potentially years in prison, if you committed an injury Pasadena DUI.

Of course, it could be that some Pasadena DUI defendants genuinely enjoy pushing the limits of the law and flouting the system. However, even a cursory analysis -- and a dose of common sense -- suggests that something's going on underneath the surface here.

Lurking under Ms. Watson's gleeful mug shot photo is almost certainly deep pain. Without access to her life story and inner monologue, one can only speculate about what that pain might be. However, even if we can't ascertain her intentions, when you consider that deeper underlying factors might be involved, you can't help but feel more sympathetic and compassionate.

For help planning your Pasadena DUI defense, connect with the team here at the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899 ). Attorney Michael Kraut is an experienced, accomplished Pasadena criminal defense attorney. He is a Harvard Law School educated former prosecutor, who can help you plan a stiff defense.

Continue reading "Getting Arrested for DUI in Pasadena: Would It Make You Delighted and Giggly Like a Schoolgirl?" »

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

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

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

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

Here are just a few speculative reasons:

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

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

Distractions abound.

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

Emotional/stress reactions to the DUI stop itself.

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

Officer subjectivity.

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

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

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

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

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

In other words, the machines screwed up!

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

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

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

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

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

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

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

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

Fortunately, cases of Pasadena DUI vehicular homicide are relatively rare.

But you might be surprised by the number of “near misses” that occur on Pasadena’s streets and freeways every day. Even drivers who use "best practices" – who never drive while under the influence of drugs or alcohol, drive while fatigued, drive while distracted by a cell phone, etc. -- can easily get into trouble. After all:

A) Life is uncertain on a fundamental level.

B) Driving in Southern California is anything but a cakewalk, as regular commuters on the 405, 5, 101, etc will tell you.

Driving with a blood alcohol concentration of 0.08% or greater (in violation of Pasadena DUI laws) is obviously reckless. But you could do worse. Specifically, you could drive DUI while carrying a loaded 38-caliber gun.

Who might do such a thing? Apparently, a state representative in Kentucky!

According to a Fox News report, representative Curry Todd, a Republican from Collierville, was arrested last Tuesday for “possession of a handgun while under the influence and drunken driving.” To make matters worse, Representative Todd actually sponsored a law that “made it legal to carry a gun into bars in Tennessee.” Police found a loaded 38-caliber gun between the driver's seat and the center console. And an affidavit stated that the representative was “unsteady on his feet,” “almost falling down at times” and that Todd was clearly “very impaired and not in any condition to be carrying a loaded handgun.”

The Representative made a bail of $3,000 and issued a statement last Wednesday, perfunctorily apologizing for the arrest. One of Todd’s colleagues in the Tennessee House, Majority Leader Gerald McCormick, told the press that he was “praying for [Todd]” but that the arrest nevertheless does not change his views on the whole “should it be legal to carry guns into bars or not” question. McCormick told Fox “it is a bad idea to drink and carry your gun, obviously… I don’t know the details of what happened with Rep. Todd last night, but I think he would agree with me.”

Todd is no stranger to outrageousness. In 2010, Todd drew bitter condemnation from liberal groups and immigration rights groups when he told a Committee Hearing that illegal immigrants are a threat to “go out there like rats and multiply.”

Whether and how the arrest might impact Todd’s political career – or his ability to carry a gun or drive a car for that matter – remains to be seen. But the arrest holds key object lessons for individuals recently charged with the crimes like driving under influence in Pasadena.

1. Pasadena DUI Stories are More “Newsworthy” If Reporters Can “Sniff Hypocrisy.”

Part of what’s made this story of Representative Todd’s arrest so “viral” is the fact that he personally sponsored a law allowing gun owners to bring guns into bars.

2. Everyone Makes Mistakes.

Representative Todd served many years as a police officer before entering government, so he clearly knew the consequences and perils of driving under the influence. Yet he made a mistake. This illustrates that anyone can make bad decisions.

3. The Past is Past: You Can Only Control What You Do from Here on Out.

As any reputable Pasadena DUI criminal defense lawyer attorney will tell you, you can’t change what happened in the past – you can only learn from what happened and make smarter, savvy, strategic decisions to protect your freedom, make reparations to anyone you’ve harmed, and ensure that you get the help you need.

Attorney Michael Kraut of Pasadena’s Kraut Law Group can help you understand your rights and needs. Attorney Kraut is a former city prosecutor with a 99% success rate at jury trials and a Harvard Law School education.

Continue reading "Pasadena DUI Homicide? Not Quite. No One Died. But Could Have Been a Lot Worse – KY Representative Arrested for Driving DUI… while Carrying Loaded 38-Caliber Gun!" »

The Burbank DUI arrest process is scary, frustrating, and overwhelming – even if you cooperate with officers, avoid making stupid mistakes, and generally keep your cool.

Unfortunately – as we have detailed many times in this blog – DUI suspects often act in ways that radically alter the legal landscape and complicate their chances for developing sound defenses.

Take the case of Ohio DUI suspect Delvin Dewayne Williams, who was recently arrested by Dalton, Ohio police for “allegedly dragging and injuring a police officer while resisting a DUI arrest.”

Now, instead of facing simple but ultimately resolvable charge such as misdemeanor DUI (similar to a standard Burbank misdemeanor DUI charge under CVC Sections 23152(a) or 23152(b)), Williams faces a veritable rainbow of charges including: “Aggravated battery, simple battery against Law Enforcement personnel, first degree forgery, DUI, willful obstruction by threat or violence (two counts), giving false information, reckless driving, and failure to yield when entering or crossing a roadway.”

Yikes.

Here is a more blow-by-blow description of what Williams allegedly did after being pulled over at a service station near Highway 41 and Shugart Road. An officer walked Williams through multiple field sobriety tests and gave him a breath test. Williams allegedly clocked in at 0.23 BAC – nearly three times the limit for a Burbank DUI, according to CVC 23152(b).

The real action began when a police officer named Collins tried to take the suspect into custody. As reported on www.chattanoogan.com: “[Williams] resisted, breaking free and getting into his car. Officer Collins chased Williams and went halfway into the driver’s side door to try to pull Williams back out of the car. Williams managed to start the car and began to accelerate sharply, dragging the officer from the door, and throwing him from the car as he headed towards the highway.”

It took police officers a day or so to track Williams down (he fled after his escape). But now that he is in custody, he faces a barrel of legal trouble. He is actually lucky, in some sense, because he could have severely hurt or even killed the police officer during the getaway. If that had happened, he could have faced monumental charges, including life in prison.

This case illustrates a point that any reputable Burbank DUI criminal attorney will emphasize to you: What you do after your DUI arrest or stop matters profoundly.

It’s important to keep your head. Even if you have made mistakes (driven away from the scene of an accident, for instance) the more mistakes you add to those, the more trouble you’ll likely be in. Obviously, when your adrenaline is rushing – especially if you are simultaneously under the influence of drugs or alcohol – you stand a good chance of making irrational and dangerous decisions. But take some time to compare the differences in the Burbank DUI penalties for first-time, nonviolent misdemeanor arrests against penalties for Burbank DUI with hit-and-run, injuries, or other charges. There’s a world of difference.

Whatever happened to you, it’s never too late to start making sensible decisions. Connect with Burbank’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) today to get a complete analysis of your options. For nearly 15 years, attorney Kraut worked as a prosecutor, rising to the level of Senior Deputy District Attorney for Los Angeles. He uses all of his experience, talents, and relationships with members of the Burbank DUI legal community to help his clients meet their needs.

Continue reading "Resisting Burbank DUI Arrest? Not a Good Idea. Just ask Ohio DUI Suspect..." »

Last week, 30-year-old fire department captain John David Hines was convicted of an April Fool’s Day Long Beach DUI hit and run. According to an L.A. Times report, the captain had a blood alcohol concentration of nearly three times the legal limit for Long Beach DUI (according to California Vehicle Code Section 23152: 0.08% BAC) when he slammed into 47-year-old bicyclist Jeffery Gordon and sent the man flying more than 70 feet.

Hines will serve 90 days in a California prison and may face a jail sentence of up to six years, depending on how things go during his sentencing hearing on December 2.

According to the Times, “Hines pleaded guilty to felony driving under the influence of alcohol causing bodily injury [in Long Beach], driving with a blood alcohol over the state limit and hit and run with injury. Because his blood alcohol level was so high, he was also convicted of several sentencing enhancements.”

This last bit of information – about how his sentence was increased because of his excessive BAC level – should be of interest to anyone recently arrested for a similar crime.

The public may believe that a Long Beach DUI is a Long Beach DUI is a Long Beach DUI. But that’s far from the truth. Innumerable factors can influence sentencing, including whether you hurt anyone, whether you fled the scene of the accident (hit and run), how far under the influence you were according to breathalyzer and blood tests, and so on.

In a “best case” scenario, your Long Beach DUI criminal defense attorney might be able to clip your sentence down or even get the charges dismissed altogether. But if you killed someone while DUI, depending on the circumstances, you could be face a DUI murder charge and wind up with life behind bars.

This is a huge range of possible punishments.

And while there is obviously no “one-size-fits-all” solution to Long Beach DUI charges, your choice of attorney can make an enormous impact on your ultimate outcome. Long Beach’s Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) can clarify your options and develop a strong case for you. Attorney Michael Kraut served as a prosecutor for nearly a decade and a half – this fact gives the Harvard Law School educated attorney a huge advantage when building DUI defenses. He also can leverage his excellent jury trial record, status as a Long Beach DUI media observer, and relationships with the legal community to get you the results you crave.

Continue reading "Long Beach DUI Hit and Run Nets Fire Captain 90 Days Behind Bars" »

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

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

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

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

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

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

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

Every Beverly Hills DUI blog lights up every time a new twist emerges in the sordid, epic tale of actress Lindsey Lohan’s legal drama. Last week, some news broke that’s only tangentially related to Ms. Lohan… but it still caused ripples in the blogosphere and may hold indirect lessons for people out there who’ve recently been stopped at a Beverly Hills DUI checkpoint.

Lohan’s ex-girlfriend, DJ Samantha Ronson, got pulled over outside of Bakersfield last Monday for speeding. Ronson allegedly raced 90 miles over the speed limit in her Porsche Targa.

Ronson admitted that she had consumed alcohol hours before hopping into the Porsche. Ronson was put through a balance test. As regular readers of this blog appreciate, Beverly Hills DUI field sobriety tests can be quite involved and can involve tests like the Rhomberg test, the finger to the nose test, horizontal gaze nystagmus test (often the first one given), counting backwards, walk the line test, etc, etc. FSTs can be quite the ordeal.

In any event, Ronson not only apparently failed her balance test, but she also showed symptoms typical of alcohol intoxication, according to a US Weekly story. Ronson allegedly cooperated with officers throughout the ordeal. Her behavior markedly contrasts with several stories we’ve recently spoken about, in which arrested celebrities engaged in horrifically destructive acts (e.g. striking police officers, speeding away from an arrest) which complicated their cases.

Ronson will now likely face significant legal hassles. While a Beverly Hills criminal defense attorney can help her deal with the Beverly Hills DUI process, if she does not defend herself well, she could face license suspension and a variety of other scary punishments, in addition to time behind bars.

Presumably, Ronson would go to a different jail than Lohan went to, since she was arrested way out in Bakersfield.

Attorney Michael Kraut of Beverly Hills’ Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) helps people like Ronson and others who’ve been tagged for driving under the influence in Southern California.

Maybe you were arrested unfairly. Maybe you got involved in a complicated DUI arrest that also involved property damage and/or injuries. Maybe you are simply a friend or a loved one who is researching options for DUI defense for a person you care about.

No matter what your situation, Attorney Kraut not only has the experience and credentials to deliver great service (he is a Harvard Law School educated former senior prosecutor for the city) but he also has facility with relevant law, and the strategic focus to help you get to where you want to be.

What if you could just click your heels three times and make your Pasadena DUI charge disappear, like something out of the Wizard of Oz? That’s obviously impossible, even for the most adept Los Angeles criminal defense attorney. But you may have more resources to battle charges of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI than you realize.

Situations that at first seem dire can often be resolved successfully through negotiation, strategic planning, and well-directed effort. Consider, for instance, the case of Nate Montana, a quarterback for the University of Montana and the oldest son of Hall of Famer Joe Montana (try saying "Montana" three times fast). On June 3rd, the younger Montana got pulled over and arrested under suspicion of DUI. He refused a breathalyzer test but performed relatively well on field sobriety tests. Ultimately, the Missoula County Attorney’s Office decided that Montana’s performance on the FSTs did not merit a DUI charge. Montana worked out a plea deal. He agreed to pay $435 in court costs and fines, participate in a chemical dependency program, and accept a six month license suspension (because he refused the breath test). In exchange, the court suspended a 90-day jail sentence for the Grizzlies' QB.

This was not Montana’s first brush with the law – or with charges of intoxication. Last year, while playing for Notre Dame, he and 10 other Fighting Irish athletes were busted for underage drinking and charged with misdemeanors.

If you’ve been recently hit with a charge of driving under the influence in Pasadena, you might be wondering how this “football royalty's” experience relates to yours in a constructive way. It does, obliquely. Nate Montana’s experience illustrates that DUI defendants – even ones who perform inadequately on Pasadena field sobriety tests (e.g. figure to the nose, Rhomberg, walk the line, counting backwards by threes, etcetera) can rebound surprisingly quickly from their charges and from the humiliation, frustration, and agitation.

The first step is getting the best help you can and identifying a clear path toward success. Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you outline, sketch out, and move forward with an appropriate strategy based on your needs, concerns, and principles. Mr. Kraut is a renowned former prosecutor who often appears on television (and in major newspapers) as an expert guest commentator on DUI news issues.

Continue reading "Pasadena DUI Sports News: DUI Charge Dropped against University of Montana’s QB, Montana" »

Last Sunday was not a good day for R&B singer Nivea. Her story of DUI in Atlanta was largely drowned out in the Long Beach DUI blogosphere by Ryan Dunn's (of “Jackass” fame) explosive 130 mile per hour fatal wipe out in Pennsylvania. But pundits and celebrity watchers who listen closely to news about Glendale DUI, Pasadena DUI, Los Angeles DUI, and Burbank DUI story lines couldn’t help but notice some similarities between Nivea’s crash and the fatal crash that took the life of Dunn and another passenger on Monday.

• First of all, Nivea wrapped her Mercedes around a tree that had fallen down (she apparently missed the police lights and yellow tape around it); whereas Dunn crashed his Porsche into a tree on the side of the road.

• Nivea had a passenger in her car with her (a tiny baby – Lil Wayne’s); whereas Dunn also had a passenger with him;

• Significant circumstantial evidence suggests at least some wrongdoing. The police allegedly reported that Nivea “had bloodshot, glassy eyes and smelled like alcohol,” swore at an officer on the scene, and admitted to having had 3 drinks before getting behind the wheel; Dunn, for his part, had a history of reckless and careless driving charges (including a DUI) and he photographed himself earlier in the evening at a bar.

• Both had been driving expensive, fast cars (for whatever that’s worth): Nivea was driving a '06 Mercedes' whereas Dunn had been driving a Porsche 911 GT3.

What happens when someone gets charged and convicted of driving under the influence in Long Beach with injury to someone else? The answer is stark and scary: You can be charged pursuant to California Vehicle Code Sections 23153 (a) or 23153 (b) – basically what these CVC codes do is escalate what might ordinarily be a misdemeanor charge (still pretty serious) to a felony count (extremely serious). The result? More jail time, stricter penalties, bigger fines, and a harder road back to normalcy.

Can a Los Angeles Criminal Defense Attorney Help You with Your Long Beach DUI Case?

The answer depends on whom you select, how you work with that lawyer, and the nature of your DUI arrest and behavior afterwards. The Kraut Law Group (located in Long Beach at: 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can provide a free and confidential consultation regarding your arrest and suggest best practices to prevent you from doing more damage and to put you on a path towards maximizing your defense. Attorney Kraut is not only an experienced defense attorney who has garnered great reviews from clients, legal peers, and the media (e.g. CNN, New York Times, KTLA News), but he is also a former prosecutor who uses his knowledge and connections as an ex-deputy DA to help his clients.

Continue reading "Long Beach DUI Disaster for R&B Fans – Singer Nivea (Baby Mama Number 4 for Lil Wayne) Smashes Into a Tree While Allegedly DUI" »

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

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

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

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

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

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

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

Sports fans – particularly baseball fans – have not had a good 2011, at least judging from the news stories picked up on by Glendale DUI blogs (and other blogs that follow sports and celebrity criminal behavior). 37-year-old Atlanta Braves pitcher Derek Lowe was arrested on April 28 in a suburban Atlanta neighborhood. (Lowe signed a four-year contract worth $60 million prior to the 2009 season.)

A new videotape has emerged – obtained by the AP from the Georgia Department of Public Safety – that shows the star pitcher arguing with police officers “repeatedly saying he was not drinking or racing.” According to the tape, Lowe insists that he had not been racing at 90 miles per hour: “Who am I trying to race? Why would I want to race anybody? I live two blocks from here.” The officer who pulled him over retorted furiously “quit trying to lie to me…do you want to start telling the truth now or do you want to keep lying to me?”

Celebrities who face charges of DUI in Burbank, Glendale DUI, Pasadena DUI, and driving under the influence in Los Angeles or elsewhere in Southern California often contend with this extra problem – how will officers react once their true professions are known?

According to a USA Today article on the Derek Lowe video, the pitcher “seemed reluctant” to bring up the fact that he played for the Braves. After being pressed, he responded “I play baseball and once you say you play baseball, you are already guilty. I play for the Braves, so there you go.”

Although Lowe’s charges were dropped several weeks after his arrest, the pitcher made a public apology and generated some clearly unwanted attention for his team and his sport. Lowe’s experience illustrates that there are many ways during the Glendale DUI arrest process to compound a bad situation and make it even worse. If you get into an argument with a police officer, resist arrest, leave the scene of an accident, lie or conduct yourself in an appropriate manner, your Los Angeles criminal defense attorney may have a more challenging time getting your charges dismissed or getting them pled down to lesser offenses.

Many clients have had wonderful experiences working with Glendale’s Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123). Lead Counsel Michael Kraut spent many years as a Los Angeles city prosecutor – striving to convict DUI offenders. Now, as a criminal defense lawyer, he brings his impressive credentials and knowledge of prosecutorial tactics and mindset to help his clients.

Continue reading "Glendale DUI News Goes from Bad to Worse for MLB, as Video Emerges of Braves' Derek Lowe Yelling at Police" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Attorneys and pundits who follow news about Pasadena DUI (and DUI throughout the country) are keeping a keen eye on Sarasota County, Florida, where an otherwise boring and workaday DUI trial may have profound implications for the use of DUI breath tests in Florida – and perhaps, indirectly, Southern California (e.g. Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI).

At issue is whether the Intoxilyzer 8000, a breath test machine that Florida troopers use exclusively, generates scientifically sound results.

According to an article in the Herald Tribune, “A five-year legal dispute over the machine has left prosecutors in Sarasota and Manatee counties unable to use Intoxilyzer 8000 test results to trial without bringing experts to prove the machine is scientifically sound… if prosecutors prevail, the hearing could save one of the most powerful pieces of evidence in DUI trials… but if not, prosecutors may not be able to use alcohol breath test in DUI trials, making it harder to prove cases or get DUI pleads.”

As this blog has reported, the Intoxilyzer 8000 is not the only breath test machine under fire recently. Both Southern California DUI breathalyzers and Vermont breathalyzers have come under heavy fire this year.

The Sarasota case has some very interesting details. The defendant, Felicia Bridwell, is a 25-year-old who was stopped last August. She admitted to having consumed two glasses of wine – “one at dinner and one at home” and performed her field sobriety tests adequately. But her Intoxilyzer results measured her BAC at 0.10% – greater than the 0.08% that marks the cut-off for Southern Florida and Southern California DUI. Her reaction was astonished and nonplussed: “Are you serious? Are you serious? I didn’t pass the test?”

Now, of course, just because certain breathalyzer tests are faulty doesn’t mean that no one drives DUI. It just means that the tests may be far more flawed than most people realize. Depending on whether you have certain diseases or conditions; whether you blow hard or soft into the machine; whether the machine is properly calibrated; and probably dozens of other factors, your reading may be higher or lower than your actual, real world BAC level.

Who knows how this campaign to demand accountability from our breathalyzer machines will end? Clearly, we need two things:

1. A way for authorities to better analyze BAC readings, so drivers get treated more fairly.
2. Creative, sensible solutions to eliminate or at least limit bad and dangerous driving behaviors.

These two aims may not be exclusive.

On the practical side, a Los Angeles criminal defense attorney, such as Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can give you clearheaded, strategically sound advice about how to build your Pasadena DUI defense. Mr. Kraut has the experience, track record, reputation, and compassion to meet your needs.

Continue reading "Pasadena DUI Breathalyzer Machines: Could They Be Next on the Chopping Block?" »

Last Sunday, while the entire world and possibly part of our space was focused on the breathtaking mission in Pakistan that resulted in the killing of Osama Bin Laden, some critical celebrity Los Angeles DUI news occurred that's only just beginning to nab the attention of the blogosphere. Rick Springfield, the rock singer best known for his 1980s hit “Jessie’s girl,” was stopped around 8 o’clock in the evening on the PCH in his 1963 Corvette. Per a press release from the LA Sheriff’s Department, Springfield blew a breathalyzer test result of 0.10% BAC – as our readers know, any BAC reading of 0.08% or above can constitute DUI in Los Angeles, Burbank DUI, Glendale DUI, Pasadena DUI, etcetera.

According to a Los Angeles Times article on the story: “Sheriff’s deputies pulled over the soap-actor-turned-crooner in his 1963 Corvette around 8 pm, making the traffic stop near Pacific Coast Highway and Trancas Canyon Road… it was unknown what Springfield did that caught the deputies’ attention.”

After being arrested and brought to the Malibu/Lost Hills police station, the singer paid out a $5000.00 bond and secured release at 2 in the morning. (Incidentally, this was the same police station where Mel Gibson was held after his notorious anti-semitic rant and DUI in Malibu experience five years ago.)

Students of Los Angeles DUI law understand that different California vehicle code sections can apply, depending on the nature and circumstances of your arrest. Typically, traditional misdemeanor DUIs are charged pursuant to California vehicle code sections 23152(a) and 23152(b). But DUIs with injury can be charged according to two similar sounding but ultimately very different sections – 23153(a) and 23153(b). Even though there’s only one number different – a 3 instead of a 2 – do not be fooled! An injury DUI can result in the elevation of a misdemeanor charge to a felony count. Convicted felons can face significantly more jail time and higher penalties – they can also lose the right to franchise (vote) and have a much harder time re-acclimating to normal society after a prison sentence.

You don’t need to do serious bodily injury to another person to get a hit with a 23153(a) or 23153 (b) charge, either. That’s why it is so important – whether you hurt someone or not – to talk to an experienced Los Angeles criminal defense attorney about your strategic possibilities.

The Kraut Law Group’s Michael Kraut (based in Los Angeles at: 6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can provide calibrated, intelligent strategic advice. Mr. Kraut understands prosecutors because he actually was one of them – for 14 plus years. He is a Harvard educated attorney who often appears on the media to discuss Los Angeles DUI matters (e.g. New York Times, Fox News, KTLA, etc). Mr. Kraut can work with you to devise and follow through on an appropriate defense.

Continue reading "Los Angeles DUI for Rick Springfield: “Jessie’s Girl” Crooner Stopped in Malibu in His Corvette" »

Analysts and policy experts who look at the problem of driving under the influence in Beverly Hills (and elsewhere in the Southland) often examine data on a surprisingly superficial level.

In other words, it’s often a “quick fix” game – blame the driver, and get on with it. But a breaking story out of Tampa Bay suggests that, whether you’ve been arrested for DUI in Pasadena, Glendale DUI, Los Angeles DUI, DUI in Burbank, or DUI wherever else, you may have more than yourself to blame.

Not convinced? Read on…

37-year old Jayson Kaiser, an Assistant to the Head Coach of the Tampa Bay Buccaneers, got pulled over for DUI last Wednesday. There was nothing particularly newsworthy about the arrest, other than the fact that Kaiser works for the Bucs. News reports say that Kaiser had been driving a 2006 Hyundai when officers stopped him on West Osborne Ave. Kaiser exhibited a lot of signs that are typically associated with Beverly Hills DUI – such as slurred speech, bloodshot and glassy eyes, and odor of alcohol on his person. He said he hadn’t been drinking, and he refused both field sobriety and breathalyzer tests.

Kaiser’s car was impounded, and he was held on a bail of $500. A spokesman for the Bucs, Jonathan Grella, told reporters “we aware of matter and are in the process of reviewing it internally.”

So, Kaiser’s arrest is pretty standard stuff – nothing that regular readers of this blog haven’t read about a million times. But what’s interesting here is that, according to reports, Kaiser is actually the THIRD member of the front office/coaching staff of the Bucs to be arrested in one calendar year. In March, Shelton Quarles, a pro scouting coordinator got tagged with DUI. Last September, an Assistant Offensive Line Coach, Chris Mosley, got tagged for DUI. So, 3 DUIs on the staff within one calendar year! Is that a coincidence? Statistically, it certainly could be.

But it also suggests that potentially something culturally is going on here. Maybe the Bucs' front office culture is “giving the green light” to driving under the influence somehow. This doesn’t mean that the men who got arrested shouldn’t have been more careful -- or should somehow be exonerated because of the social influence factor.

But it does suggest that, if we really want to get to the heart of what causes motorists to drive DUI, we need to look beyond “blaming the individual” and examine the cultural influences that may be the root causes. The thinking is: if we can change what’s going on culturally, we may be able to tamp down on the number of arrests – and make our roads safer.

If you or someone you care about has been recently charged with the crime of driving under influence in Beverly Hills, a Los Angeles criminal defense attorney can be a crucial guide. Connect with the Kraut Law Group in Beverly Hills at 
9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. As a former prosecutor, Mr. Kraut has many connections and an in-depth knowledge and understanding of the Los Angeles prosecutors who will be working your case. Mr. Kraut is a Harvard Law School educated lawyer who is often called upon by media organizations like The New York Times, The Los Angeles Times, KTLA, and Fox News to provide his insights into breaking news in the Los Angeles DUI arena.

Continue reading "Beverly Hills DUI Lessons – Tampa Bay Buc Exec's DUI May Hold Lessons for How to Contain the Problem" »

As this blog reported many months ago, the world of Los Angeles DUI got shaken up significantly last year when a pilot program went into effect in Los Angeles, Sacramento, Tulare, and Alameda Counties that mandated that convicted DUI drivers install ignition interlock devices (IIDs) in their vehicles – even for first time DUIs. These “test counties” have demonstrated surprisingly lackluster results, according to a Sacramento Bee analysis published last Monday.

Before we dive into the analysis, let’s recapitulate what this law mandates, so that if you or someone you care about has been pulled over for driving under the influence in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, you will understand a little bit more of what’s at stake.

The law – champion by Mike Feuer, a Democratic assemblyman from L.A. -- requires DUI convicts to install a breathalyzer-like device called an ignition interlock device in his or her automobile for five months. Until if you blow a “sober” breath into the device, you can’t start your car. The IID should, at least theoretically, thus prevent recidivist (repeat) Los Angeles DUI drivers from endangering themselves and others on the road.

Unfortunately, statistics suggest that the DUI law is not working as planned. Since its incipience, over 13,000 people have been convicted of DUI in the test counties. But California officials confirm that just 1,335 of these convicted drivers got IIDs in their vehicles. Some experts believe that many convicts might be driving illegally – without an IID or even a valid driver’s license.

Assemblyman Feuer is not oblivious to the problem. The Friday before last, he admitted that it may be time to assess the efficacy of the law: “lives are at stake… it’s extremely important we implement this properly.”

From a policy standpoint, we can draw a lesson here. Sometimes solutions that seem “extremely obvious” lead to weird consequences. The cure can be worse than the disease.

This isn’t to say that the Los Angeles DUI program can’t be somehow rehabilitated or made to be more effective – just that policy makers need to have a certain amount of humility and need to rely more on data than on emotion when constructing creative solutions to make our roads safer.

From a practical point of view, if someone you care about has been charged recently with a crime like DUI, a Los Angeles criminal defense attorney (such as Michael Kraut, a Harvard Law School educated former prosecutor who has offices at: 6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can provide crucial advice. Build a better defense by connecting to a knowledgeable, results proven (99% success rate at jury trials) lawyer now.

Continue reading "Los Angeles DUI Law Ineffective? Sacramento Bee Questions Wisdom of IID Law" »