Los Angeles DUI Attorney Blog

Per TMZ, Judge Stephanie Sautner recently told Mean Girls star Lindsay Lohan: “keep doing what you’re doing… you appear to be doing very well.” It’s a shocking turn of events for anyone who has followed Lohan’s Los Angeles DUI saga, an epic tale that is nearly five years old at this point. The actress’ probationary report was practically filled with gold stars. It’s a huge difference from her November 2011 hearing, when prosecutors revealed that Lohan missed more than 75% of her scheduled therapy and neglected her community service at the L.A. County Coroner's Department.

Could January 17, 2012, go down as a huge pivot point for Lohan?

Not only did Judge Sautner smile at the 25-year-old pop star, but the progress report was apparently “lightning fast,” and Lohan completed enough of her requirements to attend a Sunday night Golden Globes party hosted by none other than Harvey Weinstein. The next court date for Lohan is February 22. Before then, she needs to spend 15 more shifts at the morgue and undergo five more counseling sessions. Once she hits her March 29 deadline, she can move on to unsupervised probation.

Of course, as a Los Angeles DUI lawyer would tell you, many of Lohan’s troubles could have been avoided if she had never driven under the influence of alcohol in Los Angeles in the first place. But her ability to rise like a phoenix from her legal troubles suggests that even recidivist Los Angeles DUI offenders can repair the damage to their lives and make progress. They can manage their punishments (or potential punishments) and learn powerful lessons from their experiences.

One of the most difficult aspects of being a Los Angeles DUI defendant is figuring out what to do, how to do it, and when to do it.

If you lack a fluent understanding of how Los Angeles DUI law works, you may need help, such as a free, no obligation consultation with a Los Angeles DUI defense attorney at the Kraut Law Group (6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028). Attorney Michael Kraut is a widely respected figure in the Los Angeles DUI defense community. He boasts a terrific record at jury trials. He has a Harvard Law School education. He served for nearly a decade and a half as a prosecutor. And he possesses a compassionate and attentive demeanor as a Los Angeles DUI attorney.

Attorney Kraut and his team can answer your questions, help you build a sound legal strategy, and deal with any challenges or opportunities that present themselves.

Continue reading "Could Lindsay Lohan’s Epic Los Angeles DUI Saga Finally Be Drawing to a Close?" »

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

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

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

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

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

And that, in essence, is the point.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Out of all the celebrities who’ve ever been arrested for driving under the influence in Los Angeles, few if any have generated more riveting legal headlines than Lindsay Lohan.

Ms. Lohan’s 2007 arrest for Los Angeles DUI was a relatively staid affair: she did not hurt anyone while driving DUI; she didn’t resist arrest in some crazy fashion; and didn’t have a BAC in an “out of this world” range (e.g. 0.48% or something). But in the years since her arrest, Lohan has returned again and again to the national spotlight for legal problems, including charges of probation violation, stealing jewelry, and even trying to duck out of her community service obligations at the County Morgue.

25-year-old Lohan's parents have also earned a reputation for flouting the law. Last week, for instance, the actress's father was arrested on two separate occasions for domestic violence and resisting arrest, after he allegedly beat-up and then subsequently harassed his ex-girlfriend, Kate Major.

Lindsay was long ago the picture of wholesomeness. She starred in movies like “Freaky Friday” and Disney TV specials. She has now upped the ante, in some sense, by offering to strip nude for Playboy Magazine for approximately $1 million.

TMZ.com reports that Playboy originally offered her $750,000, but she turned down that offer to ask for a cool million. Obviously, Lohan’s experience with Los Angeles DUI – and her other legal troubles – is not typical. In other words, if you or someone you care about has recently been arrested for a similar crime, you probably should look for other defendants to model. But the extravagant coda to her Los Angeles DUI arrest does give us some universal lessons about what to do (and what not to do) as a defendant.

The most crucial lesson is this: what you do after an arrest can magnify future punishments.

For instance, let’s say you got arrested for driving under the influence in Glendale after you got stopped at a checkpoint. Then you failed some Glendale field sobriety tests. If you go to a Glendale criminal defense attorney, like Michael Kraut at the Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123), and you avoid doing or saying anything that might comprise your case or give police and prosecutors ammunition, you might be able to fight the charges successfully.

However, if you make mistakes or omissions after the fact – fight with the arresting officers, for instance, or ignore what your attorney tells you, or get into additional legal trouble – then your situation becomes more complicated. The courts will consider not only the facts of the arrest itself but also your character and how you’ve displayed contrition (or lack thereof) since the arrest.

Fortunately, you don’t have to navigate the whole post-Glendale DUI arrest situation by yourself. Michael Kraut, an experienced former prosecutor with great connections and a fantastic track record for success, can help you.

Continue reading "Lindsay Lohan’s Never Ending Los Angeles DUI Complications – Part 2" »

In 2007, “Freaky Friday” actress Lindsay Lohan was arrested on a relatively routine charge of driving under the influence in Los Angeles.

Since then, Lohan has engaged in bizarre behavior, faced probation violations, and generally conducted herself publicly in what one might charitably describe as an “unusual” manner.

In a two part series, we are going to take a look at some of the most recent developments in Lindsay Lohan’s post 2007 Los Angeles DUI saga.

In this article, we will discuss the latest legal trouble facing her father, Michael Lohan. In a post later on this week, we will talk about Lohan’s amazing offer from Playboy Magazine to strip naked for the magazine for $1 million.

But first, let’s review what happened to Michael Lohan. According to TMZ.com and other outlets in the blogosphere and major media, Lohan was arrested in Florida last week… twice!

Early in the week, Michael allegedly hit his ex-girlfriend, Kate Major, at her apartment, sparking an arrest on charges of domestic violence. Barely 12 hours later, Michael called Kate and harassed her. Concerned for her safety, she called the Tampa police, who responded. Officers considered Michael to be a threat, so they headed to place him under arrest.

What happened next? Something completely amazing: instead of submitting quietly to the arrest, “Michael tried to escaping by hopping his third store balcony…but fell 34 feet to the ground, crashing onto some wooden chairs…and then he try to hide in some trees.”

Needless to say, Michael was ultimately apprehended and placed under arrest for violating the condition for his pretrial release and resisting arrest. Kate later told TMZ, clearly in fit of pique: “he [Lohan] has no regard for the justice system. He can beat up women, but Mr. Tough guy who slurred his words calling me five times after getting into jail wasn’t too tough by jumping off a third floor balcony into a tree to try to flee from going back to the same jail he just got released from less than 12-hours ago.”

Wow. It’s a big mess, and it appears to be getting bigger.

Of course, it’s important to try to draw some lessons from the sordid public tales of the Lohans' runs-ins with the law, as opposed to merely mindlessly spectating the downward spiral.

Driving under the influence in Los Angeles or anywhere else in California is a crime punishable according to California Vehicle Code Sections 23152(a) or 23152(b). The punishments can be quite severe – they can include jail time, forced probation, loss of driver’s license, mandatory alcohol classes, indirect bad effects on your insurance rates, etc. If you complicate the situation by, for instance, hurting someone while DUI, resisting arrest, etc, you could face additional charges, including the possibility of having a misdemeanor charge elevated to a felony charge.

Not good news.

Fortunately, an experienced Los Angeles criminal defense attorney at the Kraut Law Group (6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can help you. Michael Kraut, the lead attorney, is a former city prosecutor (14 plus years as a Senior Deputy DA), and he has great relationships with prosecutors and a deep understanding of how the legal system works on a practical level.

Continue reading "Lindsay Lohan’s Never Ending Los Angeles DUI Complications – Part 1" »

If you have been recently tagged for driving under the influence in Pasadena, you might have had the quite unwelcome surprise of finding your face and the intimate details of your arrest plastered all around the internet on blogs and perhaps even on local news reports. Whether your arrest was highly publicized or not, the media and blogosphere needs to start a general conversation about what exactly constitutes a “newsworthy” Pasadena DUI arrest.

Factors that typically seem to be considered include:

• The defendant’s status e.g. – celebrity, politician, athlete, rich person, CEO of a major company;
• The severity of the charges – e.g. Pasadena DUI murder or manslaughter story is generally more newsworthy than a standard arrest for simple violation of CVC 23152(a);
• Whether anything about the story was bizarre, eclectic, or otherwise newsworthy – e.g. maybe the defendant was arrested for driving under the influence on a lawnmower; or maybe he or she was arrested for the seventh time in 10 years; or maybe he or she caused a 20-car pileup on a lonely mountain road.
• Story serves as a lesson to prove a political point, open a discussion about broader ramifications of Pasadena DUI policy, etc.

A small story out of the Kalamazoo Gazette, of all places, examined the criteria that the media and the blogosphere use to report on DUI stories. Last Tuesday, the Gazette took a closer look at the reporting done about the DUI arrest of a public school curriculum director, Denise Bresson. The arrest was her second DUI in four years.

Was Bresson’s arrest newsworthy or not?

Regular readers of the Gazette weighed in on both sides. Some argued that, of course, her arrest should have been newsworthy, since she is part of the public school system, and her behavior could impact the community’s educational system. Readers debated the pros and cons of exhibiting this official’s dirty laundry – what’s the ultimate purpose of this reporting? Should she be held to higher standards since she works in education? Is the Gazette “just picking on educators” or not?

While this blog obviously is not going to weigh in on the case, it is heartening to see vigorous “meta discussion” about the nature of Pasadena DUI coverage.

The news media filters the public’s understanding of DUI law, process, practice, and penalties. And everyone – especially Pasadena DUI criminal defense attorneys – wants to educate the public about the risks and dangers of driving under the influence. So the more that we can open up the discussion about how best to report DUI news, the better.

On a less heady level, if someone you care about has been arrested for DUI, attorney Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is here to serve you. Attorney Kraut is a widely respected Harvard Law School-educated former prosecutor who has the talent, skills, and tactical know-how to deliver optimized results for your case.

Continue reading "Pasadena DUI Process and the News Media: When Is it Appropriate and Fair to Cover Someone’s DUI Arrest?" »

Last Friday, a judge made the call to sentence starlet Lindsay Lohan to 120 days behind bars for violating probation connected with her 2007 Los Angeles DUI bust. As one might predict, news outlets across the nation lit up with provocative (and at times unseemly) discussions about the “Freaky Friday” star’s punishments, which also include 480 hours of mandatory community service.

Perhaps no other story about Pasadena DUI, Glendale DUI, Burbank DUI, or Los Angeles DUI has come close to generating this many headlines – even Mel Gibson’s famous anti-Semitic tirade (connected with his 2006 arrest for DUI on the PCH) doesn’t compare. Why are people so fascinated by the starlet’s continued legal troubles? And what does her punishment for probation violation tell us about how DUI law?

Before we get into these thorny questions, we should mention that Lohan might even suffer more. In June, she'll go to trial pursuant to charges that she stole a $2,500 necklace from an L.A. jewelry shop. Video of Lohan trying on the necklace has gone viral; and the jewelry store owner herself has received brutal press from fans of Lohan, who allege the owner is simply pressing her grand theft charges to drum up business and notoriety.

Nathan Folks, a producer friend of Lohan, expressed his dismay over the sentence: “(Lohan) wants to go to AA and NA and serve 400 hours…she has already been doing lots of charity work.”

Some bloggers have suggested that Lohan’s “Riches to Rags” tale attracts us because of its archetypal nature. In other words, it resonates with a kind of story that we are all used to – that of someone obtaining money/fame/fortune, then losing it due to some bugbear or fatal flaw. Often, there is redemption angle at the end of the story, where the hero (or in this case heroine) rises from the ashes of turmoil and flourishes again. Hopefully, Lohan will indeed get that "happy ending" and regain her stamina, stability, and positivity.

As for the legal implications – the case probably best illustrates that no one is above the law. Your Los Angeles DUI penalties will go up if you violate your probation, hurt someone while driving DUI, or commit multiple offenses (i.e. become a recidivist). Although a reputable and smart Los Angeles criminal defense attorney can help you escape some of the worst penalties and develop a plan to rehabilitate yourself – no attorney is a miracle worker. If, like Lohan allegedly has, you continue to flout the terms of your release/probation, the law eventually will catch up to you, and you will pay costs.

Fortunately, there are amazing resources out there that can help you. The Kraut Law Group (offices in LA at: 6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can provide a free and totally confidential consultation today. Michael Kraut is a former L.A. city prosecutor (senior deputy D.A.) – he uses his knowledge of prosecutorial tactics and his deep relationships to generate effective defense strategies for his clients.

Continue reading "Los Angeles DUI Tragedy That is Lindsay Lohan… and What We Can All Learn from Her" »

Lindsay Lohan's post Los Angeles DUI saga took a scary new turn today, when Judge Schwartz warned the wayward actress "this case will involve jail time. Period."

No, Judge Schwartz was not talking about another incident in which Lohan drove DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI in Los Angeles. Rather, the stern admonition came in reference to Lohan's alleged grand theft of a $2,500 necklace from a Venice Beach jewelry store.

Today, prosecutors in Lohan's felony grand theft hearing offered her lawyer security footage of the "Mean Girls" actress allegedly stealing the necklace. Judge Schwartz had sobering words for the Lohan (quote courtesy Eonline): "This case does involve jail time… if this case is resolved in front of me, you're going to jail... There may be an issue as to the amount of time you go, of course... but… I don't want you under any apprehension. You will go to jail. Period."

According to a Chicago Sun-Times report about the case: "the plea deal offered by Deputy District Attorney Danette Myers was for six months in jail, likely to be reduced significantly for good behavior behind bars."

The actress is scheduled to return to court on March 10. If she loses her grand theft trial, it's possible that she could spend a significant amount of time in a California State prison -- a year or more for the felony. A "longtime Lohan intimate" told the Sun-Times that such a scenario would be "very dangerous… a true nightmare, no matter what... she's been totally delusional about this... she's got to get this behind her and get on with her life, especially if she wants a chance of saving her career."

If you recall, Lohan is still on probation for her 2007 Los Angeles DUI. This issue complicates her already tenuous and fraught legal situation.

While Lohan's felony grand theft case has been getting a lot of media play, there are literally thousands of CA defendants every year who face similarly fraught and emotionally difficult choices about how to plead in Los Angeles DUI cases.

A Beverly Hills DUI with injury, for instance, can be punished as a felony pursuant to California Vehicle Code Sections 23513(a) and 23153(b). In other words, the very act of hurting someone while DUI can bump up a misdemeanor (still quite a serious charge) to a felony, thus leading to a potentially massive sentence increase.

A variety of factors can impact Beverly Hills DUI sentencing. For instance, say you're on probation for some other criminal offense; if so, the court may treat you more harshly. Or say this is your second, third, or fourth offense for Southern California DUI within a 10 year period -- if so, penalties will be ratcheted up significantly.

To construct a powerful defense, look to a skilled Los Angeles criminal defense attorney. In Beverly Hills, count on attorney Michael Kraut of the Kraut Law Group (located at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935)) to provide outstanding service, compassionate listening, and strategically grounded thinking. Attorney Kraut is an ex-prosecutor (14+ years) and a Harvard Law School educated lawyer who has an exceptional track record helping Los Angeles DUI defendants, even in tricky and complicated situations.

Continue reading "Beverly Hills DUI Stunner: Judge Says to Lindsay Lohan: "You're Going to Jail"" »

In 2007, former child starlet and prominent celebutante Lindsay Lohan got arrested for driving under the influence in Los Angeles. Since that fateful stop, the beleaguered Lohan has been sent to jail three separate times for drug possession and violating her Los Angeles DUI probation. Today, the Los Angeles District Attorney's Office dealt yet another blow to Lohan -- formally charging her with felony grand theft pursuant to allegations that the star stole a $2,500 gold necklace from a jewelry store in Venice.

If you or someone you care about has been pulled over recently for Los Angeles DUI, Pasadena DUI, Glendale DUI, or Burbank DUI, chances are that you can at least be grateful that your case won't (likely) be scrutinized by every major media outlet and thousands of blogosphere commentators, like Lohan's has.

Here are key details on the breaking Lohan DUI news:

* If convicted, Lohan could face three full years in a California state prison

* The judge set bail at $40,000 and continued the hearing to February 23

* Judge Keith Schwartz said of the starlet: "You need to follow the laws just like everybody else. Look around this room. Everybody needs to follow the law... you're no different from anyone else, so please don't push your luck."

* Lohan's response? "Yes, sir."

* Lohan was also told to stay away from the jewelry store. Allegedly, she (or her deputized agents) sent the store a bouquet of flowers when the story started becoming big news.

Lohan has been tied to theft investigations in the past. These include:

1) An insinuation that she took $400,000 worth of jewels from an Elle Magazine photo shoot.

2) A 2008 allegation from a college student that Lohan stole a mink coat worth $12,000.

3) An April 2000 allegation that Lohan stole a Rolex watch worth $45,000.

Beverly Hills DUI penalties can be life-changing, even if you don't commit multiple probation violations, like Lohan has done. A first-time misdemeanor offender can face penalties such as a $1000 fine, 48 hours mandatory jail sentence, six weeks of alcohol school (max: nine months), a suspended drivers license (no restricted license allowed for school or work), and incalculable damage to your reputation and potential job prospects.

So what should you do, if you find yourself in a bind similar to the one Lohan has found herself in?

Talk to a qualified Los Angeles criminal defense attorney at once.

In Beverly Hills, you can get in touch with the Kraut Law Group at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. Attorney Michael Kraut is a former senior deputy district attorney for the city. He served for nearly a decade and a half in this capacity. He understands how the system works and has the connections within the Los Angeles DUI community to strategize and execute your best defense.

Continue reading "Beverly Hills DUI Shocker: Lindsay Lohan Charged with Felony Grand Theft. Electrified Blogosphere Reacts" »

The most vivid examples of driving under the influence in Burbank often, unfortunately, fall under the media radar. But the April 9, 2009 Los Angeles DUI accident that killed Angels pitcher Nick Adenhart has demonstrated media staying power, due to its deep emotional impact. Last week, Andrew Gallo, the 24-year-old who T-boned Adenhart and killed him and two passengers (Henry Pearson and Courtney Stewart), got sentenced to 51 years in jail to life.

If you’ve been arrested for the crime of Burbank DUI, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you’ve likely spend some time researching your options and mentally exploring “worst case scenarios” for your defense.

Andrew Gallo’s punishment – 51 years to life in prison – represents, in essence, a worst case scenario.

As this blog reported several months ago, when Gallo hit the Angels’ rookie pitcher, he:

• Had been on parole for a felony DUI conviction
• Had been speeding at 65 mph
• Had driven through a red light
• Had a BAC level that tested at almost three times the Southern California legal limit of 0.08%

Due in large part to his previous felony DUI, prosecutors managed to tag Gallo with DUI murder – also known as a Watson murder – the harshest possible DUI offense. Each of the three murder counts carried a punishment of 15 years to life, and Gallo got another six years of jail on top for his other drive crimes.

The California Supreme Court only recently allowed prosecutors to charge egregious Burbank DUI death cases as Watson murders. To win, prosecutors need to show that the defendant acted with "implied malice" – that is, he or she killed another person while DUI AND knew the risks but chose to ignore them.

Depending on the skill of your attorney, the evidence prosecutors have against you, and any exculpatory evidence or arguments you can muster, you may be able to fight back against a serious charge like vehicular homicide or DUI manslaughter.

One very critical distinction is the distinction between an injury DUI, which can be a felony, and a non-injury DUI, a misdemeanor. California Vehicle Code Sections 23153 (a) and 23153 (b) define injury DUI; whereas California Vehicle Code Sections 23152 (a) and 23152 (b) define non-injury DUI with alcohol.

To develop a well-articulated, strategically focused response to your charges, connect with a qualified Burbank criminal defense attorney, like Michael Kraut of the Kraut Law Group.

Why choose Attorney Kraut? First of all, he is a former prosecutor, so he understands how the people who will be charging you think. Second, he is Harvard Law School educated. Third, he has a terrific record at jury trials. Fourth, he provides compassionate, systematic service to help reduce your stress and increase your odds of getting better results.

Continue reading "Burbank DUI Breaking News: Driver who Killed Angels Pitchers Gets 51 Years to Life in Prison" »

Gary Collins, the former host of Hour Magazine and emcee of Circus of the Stars, is facing some serious Los Angeles DUI problems. Last week, a judge in L.A. slapped him with a $100,000 arrest warrant after the ex-actor did not show up to a November 14 progress report regarding his 2007 DUI arrest.

If you only face a simple misdemeanor charge for Los Angeles DUI, Burbank DUI, DUI in Pasadena, or driving under the influence in Glendale, you should be thankful that your legal situation is not as complicated as Collins' is. The 72-year old has been arrested multiple times since 2002 on charges of driving under the influence. His 2007 Los Angeles DUI charge netted him four days in jail. And, as this blog reported earlier a few weeks ago, Collins now stands accused of a misdemeanor hit and run DUI in Mississippi. The actor allegedly drove his jeep into a car carrying a family of three, leading to a multicar pile up. Collins also fled the scene of the accident, according to the family.

Had Collins shown up for his November 4th progress report, he likely would have lost his probation pursuant to his 2007 case, according to media analysts. Now, he will likely have to serve jail time.

Collins’ difficulties with the law have been well documented (and blogged about) for years. But many people (and many new DUI defendants… and friends and relatives of defendants) are still unclear about what a DUI actually is and how officers judge whether someone stopped at a traffic stop is under the influence of alcohol.

To review, here is a quick list of "symptoms" of Los Angeles DUI:

• Failed breathalyzer test (a BAC reading of 0.08%+).
• Failed blood or urine test.
• Failed horizontal gaze nystagmus test.
• Failed balance tests, such as finger to the nose, Rhomberg, and walk the line.
• Failed test of mental coordination, such as counting backwards and reciting alphabet backwards.
• Odor of alcohol on the person.
• Admission to drinking.
• Slurring words, making incoherent or inappropriate remarks to police officers.
• Bloodshot, teary eyes.
• General fumbling behavior.
• Alcohol on the breath.
• Open container of alcohol in the car.

Although a person who exhibits all of these “symptoms” might expect to be arrested, you’d be surprised at how difficult it can be to clearly identify someone as under the influence of alcohol or drugs – even using seemingly scientific tests like the breath, blood, and urine tests. The reality is that all of the major tests are subject to calibration and interpretation errors. They can be compromised by bad police work and by chemical factors. Independent studies show that they generally are less reliable than most people believe them to be.

Furthermore, the signs of DUI may not necessarily indicate DUI. For instance, say you get pulled over and an officer notices that you have bloodshot eyes and you can't answer questions coherently. It could just be that you are tired and nervous from studying all night… or staying up to counsel a friend who has had an emotional problem. This would explain the bloodshot eyes and the lack of continuity in your thoughts.

To develop a powerful defense, look to Los Angeles criminal defense attorney Michael Kraut, a former prosecutor who boasts excellent trial experience, good relationships with local prosecutors and judges, a terrific track record for his clients, and a Harvard Law School education.

Continue reading "Pasadena DUI and Other Southern California Cities See Trouble for Gary Collins" »

Although horrific Southern California DUI collisions and injuries occur with an unbearable frequency these days, rarely do prosecutors charge offenders with “DUI murder” – a charge that’s equivalent to second degree murder. But last week, a jury in Anchorage Alaska returned a “guilty” verdict in a DUI murder case involving a 56-year old former BP executive, who killed a man and critically injured his fiancée after she drove the wrong way on Seward Highway.

If you or someone you care about has recently been pulled over on charges of DUI in Los Angeles, DUI in Pasadena, DUI in Glendale, or DUI in Burbank, you probably are quite interested in the distinctions among DUI penalties. The story of this DUI tragedy should be instructive.

According to AP reports, on November 5th, 2009, Philips drove her Ford Explorer the wrong way on the expressway and slammed into a small Toyota driven by 23-year old Louis Clement. Tests revealed that Philips’s blood alcohol level was over 4 times the legal limit. The jury deliberated only a few hours before returning the guilty verdict.

The 56-year old Philips had been convicted for driving under the influence three times prior. A fourth DUI charge, pursuant to a March 2009 arrest, is still pending. She was also arrested for DUI in 1983, but she pled that down to a simple traffic offense.

In Alaska, a DUI murder conviction carries a minimum of 10 years in jail. A DUI murder in California is punishable by at least 15 years – or up to life – behind bars. The burden of proof on prosecutors in DUI murder cases is quite high. The prosecution must show something called “implied malice” – in other words, that the driver who caused the death had a crystal clear understanding of the risks inherent in driving DUI and nevertheless still chose to get behind the wheel.

Even if prosecutors don’t charge you with DUI murder, they could hit you with charges of vehicular manslaughter or – an even more serious charge – vehicular manslaughter with gross negligence.

And even if all you do is hurt someone while driving DUI in Los Angeles, you could face felony charges pursuant to California Vehicle Code sections 23153(a) and 23153(b).

Furthermore, even if you just got stopped for driving with a blood alcohol concentration of 0.08% or more, you could face devastating penalties just for the misdemeanor – penalties such as prison time, loss of your California driver’s license for a year and enormous fines.

To respond to charges, consult with a reputable and results proven Southern California DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.

Continue reading "DUI Murder Conviction in Alaska has Los Angeles DUI Community Talking" »

24-year-old actress Lindsay Lohan is still suffering a legal hangover from her 2007 Los Angeles DUI conviction. Last Tuesday, the “Freaky Friday” actress entered a live-in drug rehab program -- the fifth time she has been admitted to a rehab facility.

As this blog reported last week, Lohan will have to return to court on October 22 to face charges that she failed a court mandated drug test ordered after her recent probation lapse. She was released from jail the Friday before last on $300,000 bail. The actress must wear an alcohol monitoring bracelet and avoid consuming alcohol or other controlled narcotics.

Earlier in the week, superior court judge Elden Fox ordered the actress to jail without possibility of bail. But her attorneys appealed, and a different superior court judge, Patricia Schnegg, agreed to the bail option, since misdemeanor defendants are typically entitled to the bail option.

The ongoing public discussion about Lohan’s Los Angeles DUI may have long-term, interesting ramifications for the policy debate over how best to punish and prevent multiple instances of driving under the influence in Southern California.

The media attention forces people to discuss what might happen if, for instance, someone gets arrested and convicted multiple times for driving under the influence in Burbank.

A first time offender will usually get a misdemeanor charge (unless he or she hurts another person or commits a “hit and run” or does something else that complicates the case). Penalties might include two days in jail, a one year CA license suspension, six weeks of alcohol school, mandatory installation of an IID (interlock ignition device), and court costs and fines.

If you are convicted multiple times of driving under the influence in Burbank, your penalties ratchet up. A second time misdemeanor offender (within 10 years) will get more jail time, longer time in alcohol school, a longer driver’s license suspension, steeper fines and court costs, and stricter probation terms. If you are convicted of three plus DUIs within 10 years, the prosecution may try to ratchet up your charge from a misdemeanor to a felony. Convicted felons face must steeper penalties yet, including permanent loss of things like the right to vote.

So how can you best respond to charge of a Southern California DUI? Believe it or not, your choice of legal representation can have profound ramifications for your sentencing and your ability to keep/win back privileges.

Continue reading "More Drama in Lindsay Lohan Los Angeles DUI Saga: Actress Enters Rehab for Fifth Time" »

This blog (and practically every other major and minor media outlet) has thoroughly covered Lindsay Lohan’s Los Angeles DUI arrest – and its numerous codas, side stories, and other moving parts. Last week, another bombshell dropped – pursuant to the 24-year-old actress’ failure to pass a court ordered drug test, Lohan will be heading back to jail.

Lohan -- who left her latest rehab on August 24th -- twittered to her fan base about her current plight and demonstrated some contrition: “I am taking responsibility for my actions and I am prepared to face the consequences.”

Last Friday, she went before Judge Elden Fox of Superior Court. According to a report from the gossip site TMZ.com, Lohan will likely have to go back to jail on October 22nd. Her jail sentence could stretch up to 30 days.

Lohan’s saga – including probation violations, repeated reprimands by the court, etc – is sadly not uncommon among people charged and convicted of driving under the influence in Long Beach (and elsewhere in the Southland).

The more Southern California DUI convictions you get, the more stringent your sentences and penalties will be. A first time offender, for instance, may be hit with a misdemeanor, a one-year driver’s license suspension, 48 hours in jail, a fine of up to a $1,000 (on top of court costs), mandatory alcohol school and more. But if you get convicted for a second or third time for a Long Beach DUI, your jail time, minimum alcohol school requirements, license suspension time, etc will all likely go up – and your probation terms will be far more restrictive.

If you get over three convictions within a 10-year span, you could face a felony charge.

Any Los Angeles DUI charge should be taken seriously – even if no one got hurt, and no property damage was reported. The strength of your legal representation can prove crucial.

Continue reading "Another Coda to Lindsay Lohan’s Los Angeles DUI Story: More Jail Time for a Failed Drug Test" »

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" »