Los Angeles DUI Attorney Blog

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Salacious Arrest Details

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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