Los Angeles DUI Attorney Blog

In a post earlier this week, we talked about how Burbank DUI prevention theory is stuck.

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

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

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

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

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

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

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

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

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

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

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

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

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

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" »

This blog typically focuses on news stories, advice, and tips to help defendants charged with crimes like Beverly Hills DUIs understand their options, build better defenses, and stay out of trouble.

But considering that the trial of the late Michael Jackson’s doctor, Conrad Murray, has consumed more than its fair share of media oxygen, it may be useful to address this admittedly amazing and scary story in this space.

After all, Murray's trial contains many hidden lessons that can help Beverly Hills DUI defendants understand their challenges, avoid mistakes, and get help before it’s too late.

Prosecutors allege that Dr. Conrad Murray prescribed controlled substances for Jackson, such as the drug propofol, and that the doctor’s reckless care contributed to the pop star’s untimely demise. Prosecutors had been counting on testimony from a Las Vegas pharmacist named Tom Lopez, who was set to testify that Dr. Murray had received huge amounts of propofol -- the drug that allegedly killed the King of Pop. Unfortunately for the prosecution, Lopez skipped town… in a major way. He is now apparently living in Thailand.

Whether Murray received massive amounts of propofol – and handed them off to Jackson – will be pivotal to the case. According to a coroner’s report, the King of Pop died in June of 2009 due to an overdose of the lethal combination of propofol and other drugs.

In August 2009, agents from the DEA raided Lopez’s company, Applied Pharmacy Services, and “seized computers, hard drives and other documents relating to prescriptions for controlled substances written by Dr. Conrad Murray for Michael Jackson and shipping information regarding drugs that may have been sent to Dr. Murray.”

The prosecution wants to read Lopez’s testimony, but the defense is arguing that they wouldn’t have the opportunity to cross-examine Lopez, so the evidence should be kept out of the trial.

So, what lessons can drug Beverly Hills DUI defendants learn from what’s happening?

1) First of all, unexpected weirdness can emerge before, during, or after a trial.

No one anticipated that Lopez would zip halfway across the globe and cause a pivotal legal battle before the trial.

2) Traces of your crime can be found far and wide.

Likely, Dr. Murray did not anticipate that his conversations with a Vegas pharmacist would one day become the center of a legal battle. Thanks to prosecutorial investigation techniques and technology, evidence against you can come from a surprisingly diverse array of sources.

3) The quality of your Beverly Hills DUI criminal defense attorney matters.

Your legal representative’s tenacity and acumen can make a profound difference in your case. Will certain evidence be allowed or disallowed? What precision techniques will work on a jury and what ones won’t? Small nuances – differences between a “good” and “great” Beverly Hills DUI attorney – can translate into widely disproportionate outcomes. A good attorney, for instance, may be able to get you off with a two-year jail sentence. But a great attorney might be able to get the charges dismissed altogether. (Obviously, everything depends on circumstances and context.)

For help with your Beverly Hills DUI charge, connect with the team at Beverly Hill’s Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Michael Kraut is an experienced, Harvard Law School educated ex-prosecutor with the connections, legal understanding, compassion, and tenacity to serve you well.

Continue reading "Beverly Hills Drug DUI News Update: Witness in Michael Jackson’s Doc’s Trial Goes MIA!" »

Last Monday afternoon, while most Pasadena DUI blogs (and, let’s face it, the entire news media) had attention turned towards the fatal catastrophe in Pennsylvania that took the life of Jackass co-star Ryan Dunn, Idaho Senate Caucus Chairman John McGee quietly bailed himself out of jail on a $5,000 bond, following a brief 10 minute hearing. The Republican Chairman of the Canyon County’s GOP was involved Saturday night in a truly bizarre disaster that surpassed any of the weird arrest and news stories involving Los Angeles DUI, Burbank DUI, Pasadena DUI, and Glendale DUI last week.

Let’s lift the lid on this curio and discuss its broader implications.

According to the Idaho statesman, “The 38-year-old Caldwell Republican was arrested early Sunday morning on a charge of felony truck theft and misdemeanor DUI, after police found him in the backseat of an SUV – towing a 20-foot trailer – that witnesses say he initially tried to drive off in.”

McGee apparently blew a 0.15 BAC level – nearly twice the Pasadena DUI limit of 0.08% -- after drinking and partying at a golf course club house in Boise.

Around about 3 A.M., he hopped into a Ford Excursion and drove away… but then jackknifed the 20 foot rig before getting too far. Two teenagers watched the bizarre accident scene unfold, and the mother of the boys noted that “McGee appeared to be disoriented and hallucinating.” The Idaho Statesman also noted that the Senator's attorney “might argue that a medical issue was at play.” A hearing has been set for the 1st of July, and many Idaho state political figures are keenly watching the outcome here, as it might have strong bearing on future elections.

One thing that’s striking about this story is that McGee was not exhibiting typical Pasadena DUI symptoms. Normally, someone under the influence might behave recklessly, incoherently, smell like alcohol, or blow a high BAC reading on a breathalyzer test. But if McGee indeed had been hallucinating -- and if he did in fact have an underlying medical condition -- these factors might influence the nature and quality of his defense. Obviously, it’s illegal to drive with a BAC level of greater than 0.08% in Idaho, just as it is here in Pasadena. But your Los Angeles criminal defense attorney will probe the details of your arrest for facts just like these to help construct a sympathetic and smart defense. After all, your punishments (and potential counterarguments to prosecutorial charges) depend intimately on a clean and vivid accounting of the true facts of the DUI stop and any subsequent acts that you or police officers took.

Pasadena’s Michael Kraut (Kraut Law Group located at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the track record and success at jury trials, knowledge of prosecutorial tactics and strategies, and diverse experience you need to identify your most strategic path to success. This may not mean getting all of your charged dropped, but it will mean feeling less overwhelmed, anxious, and confused. And more confident about exactly what you need to do to restore your life and make amends for any wrongdoing you committed.

Continue reading "Pasadena DUI Curio: Idaho State Senator Busted in Bizarre Truck Theft and DUI Case" »

Jennifer Jowett, a wealthy socialite featured on the VH1 series You’re Cut Off! was arrested for driving under the influence in West Hollywood the night of the show’s premiere just a block from her house, according to gossip website TMZ.com. Jowett and the show’s host, life coach Laura Baron, had gotten into a heated disagreement prior to the DUI arrest. One promo clip shows Jowett throwing a garbage can at the hostess and pushing the cameras away while launching into an expletive-laden tirade.

If you have recently been tagged for DUI in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, odds are that some of your friends, relatives, and co-workers have lumped you in with out-of-control celebutantes like Jowett.

You may feel like this judgment about your character is premature and unfounded. After all, while the popular press loves to report on the “nervous breakdowns” of attractive, histrionic, wealthy women like Jowett, real Burbank DUI defendants tend to be far more diverse.

Some DUI offenders are recidivists – that is, they repeat their bad behavior.

Others simply make a one-time mistake.

Still others are unfairly charged.

There is yet another category -- one that’s rarely discussed in the media – and that's people arrested for driving under the influence of drugs.

A Burbank drug DUI would be charged under California Vehicle Code Section 23152 (a) – the same CVC code that applies to driving under the influence of alcohol. You need not be under the influence of some exotic and illegal narcotic, like cocaine, heroin or “Special K,” to face a CVC Section 23152 (a) charge. Indeed, if you operate a vehicle while on standard prescription medications, such as Oxycodone or Vicodin, or even certain over-the-counter medications, you can face charges. An officer will likely not give you a breathalyzer test, since the breathalyzer only picks up the chemical signature of ethanol (alcohol). That said, you could be asked to take a blood and/or urine test.

If convicted, you could face a variable rainbow of penalties, including license suspension, jail time, probation, and fines and fees. On top of that, you will face secondary consequences, such as hiked up insurance rates.

Fortunately, you don’t have to execute your own legal defense. A proven and compassionate Los Angeles criminal defense attorney can be enormously helpful in either plea bargaining down your charge or working to get it wiped out completely.

Michael Kraut of the Kraut Law Group -- located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) -- is a fantastic resource for new defendants. Whether you are confused about your rights or overwhelmed by the potential penalties you face, get in touch with this Harvard Law School educated former prosecutor today to come up with a success-oriented defense strategy.

Continue reading "Burbank DUI Celebrity News Update: “You’re Cut Off!” Star Snagged for DUI in West Hollywood" »

What could have been a horrifically bloody Los Angeles DUI story fortunately ended with just a minor fender-bender and an arrest. Last week, a man apparently under the influence of alcohol pulled his car onto some railroad tracks parallel to San Fernando Road and fell asleep – literally with his car striding the tracks. Sure enough, at around 1:15 in the morning, a Union Pacific freight train came barreling along and smashed into the vehicle. Fortunately for the unconscious driver, the freight train hit the car at such an angle that it spun off the tracks and whipped around. Local Sergeant Jim Reed (of Foothill Station) noted that “(the driver) wasn’t injured at all.” Amazing.

Drivers arrested for Burbank DUI, Glendale DUI, DUI in Pasadena, or DUI in Los Angeles are often lucky to be stopped before they get into a crash or hurt themselves or others. And sometimes, sheer luck prevents tragedies.

When many people imagine a driver falling asleep on a train track, they perhaps conjure up images of someone who has consumed bucket-loads of pills and alcohol. This brings up an interesting issue. Many people realize that driving under the influence of alcohol is wrong. But did you know that driving under the influence of drugs -- including prescription pain medications and OTC drugs – can not only be as dangerous as (or even more dangerous than) driving under the influence of alcohol but that California Vehicle Code Section 23152 (a) considers such action a criminal offense? Even if you have a doctor’s order to take a medication – or you are taking an over-the-counter drug – you can be arrested and charged for a DUI drug crime. Officers may not use a breathalyzer test on you. You might be subjected to a blood or urine test, however.

The good news, from a defendant’s point of view, is that a Burbank DUI drug charge is actually harder to prove than a DUI alcohol charge. But a conviction can result in a jail time, major fines, license suspension, loss of security clearance at your job, points on your license, and indirect but substantial problems, such as a likely hike in your insurance rates.

To respond smartly and efficiently to these charges, you should almost certainly talk to an experienced Los Angeles criminal defense attorney. Burbank DUI attorney Michael Kraut (located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) has the knowledge, wherewithal, record of success, and in-house resources to provide you with a peerless defense. Mr. Kraut is no stranger to drug and DUI cases. Prior to becoming a criminal defense lawyer, he served as a prosecutor for the City of Los Angeles – more than 14 years as a Deputy DA – and he also brings his Harvard Law School education and high level connections to bear to help defendants get their best possible outcomes.

Continue reading "Burbank DUI Nightmare Tragedy Avoided by Sheer Chance" »

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

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

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

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

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

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

Given the potentially devastating penalties that could result if you're convicted of a Southern California DUI charge, you want to exercise an abundance of caution before getting behind the wheel after you’ve consumed any amount of alcohol. What are some ‘red flags’ that indicate that you might want to turn to a designated driver or take a cab?

1. You fail self administrated "roadside sobriety tests."

Tests like the horizontal gaze nystagmus test, the walk-the-line test, the Rhomberg test, and the finger-to-the-nose test may be useful for certain individuals in certain situations. But remember that just because you pass any of these tests (or even all of them) with flying colors does not necessarily mean that you are sober and ready to get behind the wheel.

2. You fail a self-administered breathalyzer test.

Breathalyzers can sometimes give a fair bead on your BAC level. As any Southern California DUI attorney will tell you, the normal threshold for DUI in California is a BAC of 0.08%. But just because you blow a BAC of less than that doesn’t mean that you're necessarily sober and ready to drive. Of course, blowing a BAC of greater than 0.08% doesn’t necessarily mean that you ARE above the state’s legal limit either. In other words, these tests do not have a wonderful track record for accuracy; and in fact false-positive test results often lead to unfair Southern California DUI convictions.

3. You notice dispositional changes.

If you experience symptoms such as bloodshot eyes; an inability to complete sentences; a tendency to slur speech; impaired motor skills; or a retarded ability to complete sentences, definitely think twice before getting behind the wheel. Perhaps more tellingly -- if people around you hint or joke that you're acting drunk -- this should be taken as a huge sign to exercise caution.

4. You are under 21.

If you're a minor and you have even a slight amount of alcohol in your system, you can be tagged for driving under the influence in Southern California. Anyone under age needs to be extra cautious not to get behind the wheel in such situations.

5. You notice any intolerance to alcohol.

Your body's ability to metabolize alcohol changes. Individuals with diabetes, insulin resistance, or even a common cold can be far more susceptible to the effects of alcohol than healthy individuals, for instance. Other factors that can influence your tolerance include your stress level, your weight, your gender, your level of fatigue, whether or not you consumed foods before drinking, whether you recently consumed narcotics or medications, and so forth.

To summarize, there is no ‘standard candle’ to guide you in all situations. Frustratingly, even if you follow the state’s posted guidelines for responsible driving, you may still potentially encounter legal problems.

Here's a useful rule of thumb: always exercise an abundance of caution. Be very conservative when you make decisions about whether to drive or not. If you have any doubt about whether you may be too intoxicated to get behind the wheel, don’t drive. Call a cab. Ask a friend to drive you home. But don’t risk potentially injuring yourself, hurting others, destroying property and sidelining your future.

If you or a friend or family member has been arrested for driving under the influence in Southern California, Attorney Michael Kraut of the Kraut Law Group can provide guidance. Attorney Kraut spent many years working as a Los Angeles DUI prosecutor, and he understands how to craft a superior defense as a result of his prosecutorial experience. Attorney Kraut is an alumnus of Harvard Law School, and he’s committed to compassionate and attentive client care.

Continue reading "Red Flags That Indicate You May Be At Risk for Southern California DUI" »

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

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

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

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

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

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

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