Los Angeles DUI Attorney Blog

It’s been nearly two months since the implementation of the AB 91 pilot program, which mandates that first time Los Angeles DUI offenders install interlock ignition devices (IIDs) in their vehicles. So let’s assess whether this program has been helpful, harmful, or neutral.

A bit of background on AB 91 first.

Mike Feuer, a Los Angeles assemblyman, introduced the law, which requires that drivers convicted of DUI in Los Angeles, Tulare, Sacramento, and Alameda counties must put an interlock ignition device into their autos even after only one conviction. The compulsory device is wired into your ignition. So in order to start your car, you need to blow an essentially alcohol-free breath to show that you will not be DUI. (Your BAC reading must be 0.03% -- substantially lower than the legal limit for Southern California DUI of 0.08%). Once you do blow a successful sample, you must continue to blow samples as you drive, or your horns will start going off and your lights will flash to attract the attention of police.

Although AB 91 passed unanimously, many in the Southern California DUI community have voiced objections. One potential problem with AB 91 is that, according to DMV data, first time offenders do not respond as well to IIDs as do recidivist offenders. In other words, the statistics seem to show that if you put an IID in the car of a first time offender, it’s really not going to do much in terms of preventing that person from breaking the law again. That said, if you put an IID in the car of a recidivist (someone who has more than one conviction), then, the statistics suggest you’ll get results.

Since we are only less than two months into the AB 91 experiment, it’s difficult to say how effective the program will be. But five years down the road, we will likely have substantial data to help shape Los Angeles DUI policy.

If you have been charged according to California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI, you need some fast and accurate legal guidance.

Continue reading "Mandatory IID Installment for 1st Time Los Angeles DUI Drivers: Will the Experiment Work?" »

Southern California DUI experts are monitoring a breaking case out of Virginia involving a recidivist DUI driver who allegedly slammed into a car full of nuns, hurting two of them and killing one of the sisters. This epic tragedy made national headlines and sparked debate among the legal community – particularly since the county prosecutor plans to seek a DUI murder charge against the suspect, 23 year old Carlos Montano.

Prior to this incident, Montano had been twice convicted for DUI, and his license had been revoked for DUI reasons. So he never should have gotten behind the wheel in the first place. Allegedly, he was driving southbound on the highway, when he veered out of his lane, smashed into a barrier, and crossed over to the northbound side, where he hit a car carrying the nuns head on. 66-year old Sister Janet Mosier died on the scene, while sisters Charlotte Lange and Connie Lupton suffered critical injuries and got med-evaced to nearby Fairfax Hospital.

Montano was arrested and charged with involuntary manslaughter as well as driving under a revoked license. Apparently, Montano was also in the United States illegally, and Paul Ebert announced last Tuesday that he plans to charge the man with DUI murder.

Obviously, this situation is a terrible tragedy, and it drives home the point that anyone who drives under the influence in Long Beach or anywhere else in Southern California risks hurting or even killing other people and suffering grievous consequences themselves.

A DUI murder charge – also known as a Watson murder – is a second degree murder charge. It can result in penalties of 15 years in prison up to life in prison. Watson murder cases are very rarely charged – in most instances of Southern California DUI related homicide, prosecutors will seek something like “gross vehicular manslaughter while intoxicated” pursuant to Penal Code Section 191.5 (a) – itself a very serious charge but not as serious as a Watson murder charge. In Southern California, to prove a Watson murder case, a prosecutor usually has to show that the defendant has multiple prior Los Angeles DUI convictions and that the person drove with “implied malice” – in other words, he or she had a clear understanding of the dangers but chose to ignore them. And by choosing to ignore them and by driving under the influence in Long Beach (or wherever), he or she caused the death of another human being.

Of course, even if you face a relatively “pedestrian” charge of driving over the California legal limit of 0.08% in Long Beach, you could face tremendous problems, such as a revoked CA drivers’ license, mandatory interlock ignition device installation, jail time, and steep fines.

You want a creditable, successful attorney to suggest solutions.

Continue reading "Los Angeles DUI Experts Closely Watch Virginia Case; Man Accused of Killing Nun May Face Murder Charges" »

You might think that Southern California DUI experts have seen at all – from celebrity arrests (e.g. Nick Nolte, Lindsay Lohan, Mel Gibson) to other bizarre stories we have covered here on this blog. But a breaking story out of Louisiana actually may take the cake for most jaw-dropping case of the year.

The Sun Herald reports that Jimmy Graves Jr. was sentenced last Wednesday to 5 years in jail pursuant to his 17th DUI arrest. The 40-year-old Gonzales got pulled over last May 11th with a BAC of 0.16% – exactly twice the legal limit of a Long Beach DUI. Initially, prosecutors charged Graves with a misdemeanor second DUI offense. But upon further consideration, prosecutors found that Graves had been pulled over for DUI 16 prior times (including both convictions and arrests) and sought to punish him more. The jury sided with the prosecutors and sentenced Graves to a day-for-day five-year prison sentence -- without consideration for early release -- due to his habitual offender status. Graves’ Long Beach DUI arrest (Long Beach, Louisiana that is) occurred at 12:30 A.M. while he was driving his wife to the beach for his birthday. He maintained up until the end that he was not guilty of the charge and that the breathalyzer Intoxilyzer 8000 had malfunctioned.

Now, in the case of a guy who had 16 prior DUI arrests, one might be very dubious of this defense. After all, fool me once, shame on you… fool me 16 times, shame on me.

However – although this blog obviously can’t say anything about this particular case – breathalyzer machines are far more fallible than most people (including most police officers and Los Angeles DUI defendants) realize. Breathalyzers fail to distinguish between men and women, who process alcohol at different rates. Breathalyzers have a hard time telling the difference between ethanol and other chemicals on the breath – particularly chemicals found in the breath of diabetics. The amount of food, the depth of the breath blown, the calibration of the machine, officer bias, and literally dozens of other factors can prejudice results, yielding false positives.

A savvy Long Beach DUI attorney can challenge your breathalyzer-related arrest. The key is retaining a Los Angeles DUI lawyer who has the knowhow, knowledge, and track record to get the job done.

Continue reading "Even Los Angeles DUI Veterans Stunned by Man’s 17th DUI Arrest" »

When the flurry of news about Lindsay Lohan's 90-day jail sentence for violating her Los Angeles DUI probation hit the fan a few weeks ago, this blog deliberately avoided covering it because there was simply too much sensationalism about it in the press. However, given the layers and twists and turns that the story has been taking, any blog devoted to covering news related to driving under the influence in Southern California would be remiss if it did not address the latest developments in the case.

Last week, Lohan hired Robert Shapiro, the criminal defense attorney who once represented O.J. Simpson. She also checked into a rehab facility that the famous lawyer set up. Lohan faced flack (and some praise) from fans and celebrity gossipmongers for her covert communications (via drawing on her hands) and general histrionics.

Obviously, without knowledge of the details of her Southern California DUI case, it is not fair to weigh in one way or another. That's a key point. You really have to be careful about what you read in the media, as news stories automatically tend to oversimplify and skew coverage. Although the American legal system operates on the principle of "innocent until proven guilty," often, the public press works on just the opposite principle – guilty until proven innocent.

All this is to say that, if you or a loved one faces a similar battle against a charge of Hollywood DUI, you want facts and strategic guidance – not opinions and theories based on hearsay.

For instance, how well do you know the penalties for Southern California DUI? As you may have read, Lohan got approximately three months in jail for violating the terms of her probation. But what exactly does that mean? What do convicted DUI offenders typically face, punishment-wise? Does the court have leeway? Can your lawyer help reduce your sentence? And what happens if you collect more than one DUI? These are all critical questions – and the answers can be dynamic. That's why having a Hollywood DUI attorney provide good strategic guidance can be crucial. That said, let's just review again some basic parameters.

First timers could get the following penalties: 48 hours in jail (max six months), $1,000 in fines and court costs, California driver’s license suspension of a year, mandatory six weeks or more DUI alcohol school, formal probation imposed, and a mandatory interlock ignition device installation (as of July 1, 2010).

Second time convicts (within 10 years) face jacked up penalties, such as at least four days in jail instead of 48 hours, a minimum of 18 months in DUI alcohol school as opposed to six weeks, a two-year driver’s license suspension as opposed to one year, increases in court costs and fines, and likely stricter terms of probation.

And as you get more and more DUIs within a 10-year period, your penalties increase incrementally. Under some circumstances – for instance, if you cause an injury to someone while DUI in Hollywood – your charge could be elevated from a misdemeanor to a felony.

The point is, whether you are a high profile defendant on the order of Ms. Lohan or whether you face a "workaday" Los Angeles DUI charge, you really need expert guidance to try to minimize your sentence and maximize your chances for a healthy and safe recovery.

Continue reading "Lindsay Lohan gets Jail Time for Violating Los Angeles DUI Probation Terms" »

As this blog reported several months ago, reality TV star Jason Wahler (of The Hills and Laguna Beach fame) got pulled over for Southern California DUI in March and wound up pleading guilty. Despite earning penalties like 48 hours in jail, three months forced alcohol school, and three years probation, the recalcitrant reality star was arrested yet again last Sunday on charges of misdemeanor battery, after he allegedly hit a girl at a Hollywood party. E! News broke the story last Monday, citing sources who said that Wahler was arrested around 1:45 in the morning and held on a $20,000 bail pending an arraignment.

This marked the 23rd year old’s seventh arrest in the last several years and third arrest in 2010. (In addition to his Newport Beach DUI in March, he also got busted in Mexico for participating in a bar fight). Prior to the Hollywood brouhaha, Wahler had allegedly been in talks to appear on Celebrity Rehab with Dr. Drew (on VH1). It is unclear whether he will now be invited on the show.

What happens when someone like Wahler gets charged with multiple counts of driving under the influence in Beverly Hills (or elsewhere in California)? Well… first we must note that Wahler was only busted once in 2010. If a defendant gets convicted multiple times for Southern California DUI, charges obviously increase.

For a first-time misdemeanor offense, the court might impose penalties like 48 hours of jail time, a fine of $1,000 along with court costs, a one-year suspension of a California driver’s license, and compulsory DUI alcohol school.

A second time misdemeanor offender may see a minimum of four days in jail (perhaps more), a two-year license suspension, a serious increase in court costs and fines, and additional compulsory alcohol school along with tougher probation terms.

If you are busted for driving under the influence in Hollywood a third time within 10 years, your jail time jumps up to 120 days minimum, and all other punishments increase – including driver’s license suspension (three years), alcohol school, probation, etc.

A fourth time DUI within 10 years – even one that would ordinarily be considered a misdemeanor – may be elevated to a felony and can merit a minimum of 180 days in jail along with other severe punishments.

How can you or a loved one battle back against spurious charges of driving under the influence in Hollywood or elsewhere in Southern California?

Whether you believe that a breathalyzer test erroneously showed you to be DUI, or whether you admit to driving DUI but seek to minimize your punishments and maximize your chance for rehab, you likely need a professional Southern California DUI defense attorney to guide you.

Continue reading "Jason Wahler Socked with Seventh Arrest – New Charges against Celeb Who Was Arrested for Southern California DUI in March" »

Bloggers who follow stories about driving under the influence in Southern California were glued to their computers last Monday afternoon following a case out of Franklin County, Vermont involving a man arrested for his eighth lifetime DUI.

The defendant, Douglas Gardner, was last arrested for driving under the influence in 1989, when he crashed head-on into a car and killed 20-year Billy Labier-Boucher. Gardener served a 20-year prison sentence. After securing release last month, Gardner almost immediately got back into trouble. He allegedly stole a Pontiac Aztek, drank two beers and a vodka, and veered off Route 78 in Highgate into a bog. The Vermont troopers who found him tested his blood alcohol content at 0.156% – nearly twice the legal limit for Southern California DUI of 0.08%, as defined by California Vehicle Code Section 23152(b).

The state attorney asked for bail to be set at $100,000, but Judge Greg Rainville went one step further and ordered Gardener held without bail. The Judge remarked: “you are a threat to the safety of the public… if I can’t stop you from driving, I can’t allow you on the streets.” The Judge’s ruling elicited enthusiasm from Pat Labier-Boucher, the mother of the man that Gardner killed in 1989. Labier-Boucher said: “it was like 20 years ago… it’s like reliving the whole thing again… I hope he is behind bars forever.”

Obviously, similar cases of manslaughter DUI in Glendale and elsewhere are tragic for many reasons. But what does local law say about Los Angeles DUI manslaughter charges?

According to Penal Code Section 191.5(a), in very serious cases, a defendant can be charged with “gross vehicular manslaughter while intoxicated.” Prosecutors don’t necessarily have to go for this charge. But to prove gross vehicular manslaughter, prosecutors must meet a very high burden. First, you must show that the defendant drove under the influence of drugs or alcohol with a BAC of 0.08% or more. Second, you must show that the defendant committed a driving infraction, misdemeanor, or other legal act that could lead to death of another person. Third, you must show that the person committed this act with gross negligence. And fourth, you must show that the grossly negligent act led to the actual death of someone.

Continue reading "Los Angeles DUI Experts Riveted by Tragic Case of Man Nabbed for Eighth DUI – after Just Getting Out of Jail for Killing Someone While DUI" »

Jani Lane, the 46-year old former front man of the ‘80s glam band Warrant, was arrested for driving under the influence in Southern California last Sunday at 3 in the morning after he plowed his black Infiniti into a parked car. Police who arrived on the scene found the ex-rocker -- famous for hits like Cherry Pie, Heaven and Down Boys -- in a bad state. Lane allegedly blew more than twice California’s legal limit of 0.08% on a breathalyzer test. According to California Vehicle Code Section 23152(b), driving with a BAC of more than 0.08% is an offense punishable by jail time, among other things.

Ironically, the officer who arrested Lane in Woodland Hills was the same officer who arrested him in 2009. As this blog reported, his July 2009 arrest led to a plea of “no contest,” and Lane was convicted of a misdemeanor DUI. Fortunately, no one was hurt at the scene, but if Lane is convicted of this latest charge, he will obviously be in violation of his probation.

If you are arrested for multiple charges of DUI in Burbank or DUI in Glendale, what punishments should you expect above and beyond those “typical” for a first misdemeanor DUI?

Obviously, penalties depend upon the context of the arrest and whether complicating factors exist. For instance, did you injure somebody in either of your Los Angeles DUI arrests? If so, you could be charged instantly with a felony. This would lead to penalties such as substantial jail time and steep fines. Plus, a felony charge can make it difficult for you to find employment and impossible to vote in elections. But even if both Burbank DUI convictions were not complicated by any other factors, your penalties can still go up significantly.

For instance, your mandatory jail time will go up, as will your court cost and fines. Instead of a one year mandatory California driver’s license suspension, you will face a two year suspension. Your probation will likely be stricter. You will face longer mandatory alcohol school. And so on.

So if, like Jani Lane, you’ve been cited more than once for driving under the influence in Southern California, it’s in your interest to retain a reputable and trial-proven attorney.

Continue reading "Warrant Singer Tagged for Second Southern California DUI in a Year" »

Blogs that follow celebrity Los Angeles DUI arrests have seen a spike in interest in the criminal history of country singer Mindy McCready, thanks to new news reports suggesting that an hour-long sex tape starring the singer is set to be released.

McCready is no stranger to charges of driving under the influence. She was one of the main participants in 2010 Celebrity Rehab with Dr. Drew. Nashville Police stopped her in 2005 for suspicion of driving under the influence. Although the jury scrapped those DUI charges, they convicted McCready for driving on a suspended license. McCready has also been arrested in Arizona (for a battery of charges, including identity theft and hindering prosecution), Florida (for drug charge violations), and Tennessee (for probation violations).

The surfacing sex tape may give the beleaguered country singer a publicity boost as she releases “I’m Still Here,” her first country album in nearly a decade and a half.

McCready’s arrests have been scattered around the country, and she’s only technically been arrested for DUI once. But what happens to individuals -- celebrities or not -- who get charged with driving under the influence in Southern California more than one time?

As you might suspect, penalties increase for every additional Long Beach DUI arrest.

For instance, a first time Los Angeles DUI offender might be charged with a misdemeanor, for which the court can impose various penalties, including mandatory two full days (48 hours) in jail, a fine of $1,000 along with court costs, a six weeks minimum sentence of alcohol school, and a mandatory installation of an interlock ignition device. The court can also impose additional penalties and strict terms of probation.

If you get convicted of a second count of driving under the influence in Long Beach (within ten years), your mandatory minimum jail time goes up (4-10 days minimum), as does your mandatory alcohol school time (18 months). You will lose your license for two years (instead of one).

If you're arrested a third and fourth time (or more) for Southern California DUI within a ten-year span, your penalties will become increasingly strict:

• longer jail sentences
• harsher probation terms
• longer driver’s license suspension
• possible upgrading to felony charges
• higher fines and court fees
• other punishments that the judge may devise

Dealing with charges of Long Beach DUI

Whether you're facing your first or fifteenth DUI offense, it almost certainly behooves you to discuss your case in confidence with an experienced Los Angeles DUI attorney.

Continue reading "Mindy McCready Back in the News -- not for a Los Angeles DUI -- but Rather for a Sex Tape Scandal" »

As this blog reported, last June 17th, Jani Lane of the 80’s rock band Warrant was arrested for driving under the influence in Los Angeles. The “Cherry Pie” singer is back on the headlines once again after failing to show up for two hearings pertaining to his Los Angeles DUI probation.

The 46-year old singer pled no contest to his misdemeanor L.A. DUI charge and got a relatively light sentence that included three months of alcohol school, one month of community service, and three months of probation. He was due in court on February 23rd, 2010, but he didn’t show up. The judge rescheduled his appearance for February 24th, but Lane again failed to show. According to the website TMZ.com, Lane’s lawyer said that the singer is in the hospital for unknown reasons, and that he will not show up in court until next week.

The judge in Lane’s case has actually issued a warrant for the lead singer of the band Warrant – an irony not lost on Lane’s fans and snarky commentators in the media and blogosphere.

Lane’s DUI in Burbank accident occurred at the corner of Topanga and Ventura Boulevards. At the time, he got out of jail by posing a $30,000 bail. The minor traffic accident did not result in any serious injuries to any parties, fortunately.

But what if it had?

Two key sections of California Vehicle Code stipulate punishments for individuals who injure others while driving under the influence in Burbank or elsewhere in California. These sections are 23153(a) and 23153(b).

23153(a)

This section says that if you drive DUI and cause an accident that leads to someone being injured, this will elevate an ordinary misdemeanor DUI charge to a felony DUI charge, assuming that the injury was directly or indirectly caused by the DUI driver’s use of drugs and/or alcohol.

23153(b)

This section says something quite similar. It says that if you operate a motor vehicle with a blood alcohol concentration (BAC) exceeding the state’s legal limit of 0.08%, and then you hit someone and cause an injury or otherwise violate the law and cause an injury, this can be charged as a felony. 23153(b) also lays out the punishments that can be imposed, which range from jail time to forced restitution to a victim (and/or the victim’s family) to steep fines and court costs.

What should you do if you or a family member has been charged with driving under the influence in Burbank or elsewhere in Southern California?

A good attorney can be immeasurably helpful. Without excellent legal representation, you could wind up with much steeper penalties than you might otherwise.

Continue reading "Warrant Slapped on Warrant Singer for Skipping Out on Los Angeles DUI Hearings" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Finger to the nose test:

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

Rhomberg test:

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

One leg stand test:


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

Walk the line test:

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

Gaze test:

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

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

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

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

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

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

Rhomberg Test

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

Walk the Line

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

One Leg Stand

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

Finger to the Nose

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

Horizontal Gaze Nystagmus

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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