Los Angeles DUI Attorney Blog

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

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

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

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

Yikes.

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

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

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

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

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

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

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

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

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

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

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

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

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

This is a huge range of possible punishments.

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

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

The dark side of driving under the influence in Glendale (or really, anywhere in the United States) is that fatal accidents can strike anywhere, anytime, and to anyone. A vivid example of why it’s so important to beat the problem of Glendale DUI, Burbank DUI, Pasadena DUI and Los Angeles DUI occurred the Saturday before last, when a Boulder, Colorado woman, 32-year-old Lisa Norton, was arrested on a smorgasbord of charges, including DUI-related vehicular homicide.

Norton allegedly crashed her Ford pick up into a Nissan coup at around 6:30 PM, killing the driver, 33-year-old Gabriel Nielsen, and severely hurting his wife and young child. After the crash, Ms. Norton allegedly fled the scene by diving into the nearby Clover Basin reservoir. Area boaters eventually fished her out of the water and delivered to her to Longmont Colorado police. According to her arrest warrant affidavit: "Witness statements from the boaters indicate that Ms. Norton was combative and denied having any involvement in the crash…that she was combative and verbally abusive to both officers and rescue personnel who were attempting to render aid."

All told, her charges include:

• DUI homicide
• Failing to remain on the scene of a crash resulting in death
• Two counts of DUI vehicular assault
• Two counts of reckless vehicular assault
• DUI
• Driving with a revoked license
• Failing to provide proof of insurance
• Possession of drug paraphernalia (a glass marijuana pipe)
• Child abuse causing serious bodily injury

Obviously, any Glendale DUI homicide is a serious and horrific situation. But many defendants needlessly complicate their situation by assaulting officers, fleeing the scene, acting belligerently, or otherwise “digging their hole deeper.” These acts will ultimately make the job that your Los Angeles criminal defense attorney has a lot more difficult and challenging. Much like how panicked investors throw good money after bad, recently arrested Glendale DUI suspects often radically compound their own problems.

Fortunately, there is a smart way to begin to get clarity on your situation and to stop the downward spiral. Connect with Glendale’s Kraut Law Group (located at: 450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) to start to synthesize and execute a smart strategy. Attorney Michael Kraut is a former prosecutor who has a terrific record at jury trials and glowing reviews not only from past clients but also from legal peers and respected figures in the media.

Continue reading "Glendale DUI Homicide News – Disaster Out of Boulder Colorado Stuns Community" »

Most celebrity arrests for driving under the influence in Los Angeles are relatively pedestrian as far as the details are concerned. Yes, you can occasionally find salacious stories – such as Mel Gibson’s famous anti-Semitic rant or Lindsay Lohan’s notorious probation violation situation. But most celebrity arrests are simply workaday examples of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI.

Not so for Planet of the Apes star and model, Estella Warren, who was arrested last Monday. Her arrest took multiple bizarre twists. The following details are cribbed from an E-online news report:

• Ms. Warren drove into three different trees before getting pulled over for DUI.
• After police caught her, she literally kicked one of them.
• She failed a Los Angeles DUI field sobriety test – in the words of the E-online reporter, “go figure”…but that wasn’t the end of her adventure.
• During her booking, Ms. Warren slipped out of her handcuffs (helps to have really thin “model” wrists, apparently) and tried to flee the police station. Officers quickly apprehended the Sports Illustrated Swimsuit Model and tacked on yet another charge – felony escape.
• She was booked as being aged 40 years old… when she has publicly declared herself to be just 32.
• Due to the hit and run, escape attempt, and other factors, Ms. Warren’s bail was set at a whopping $100,000.

So what are the lessons we can learn from this escapade?

First of all, if you're looking to try to pass your field sobriety tests (such as horizontal gaze nystagmus test, finger to the nose test, counting backwards by 3s, etc.), it’s probably a good idea to avoid actively kicking or assaulting the officers conducting the tests on you.

Secondly, Ms. Warren’s post-arrest hysterics illustrate clearly that your behavior following an arrest can have profound ramifications for your potential sentencing. The more charges you rack up, the more difficult it will be for your Los Angeles criminal defense attorney to develop and push forward a strategic defense for you. Even if you manage to get the hit and return DUI dismissed or at least plead down to a lesser charge, you will still have to face other charges from your continued misbehavior – in Ms. Warren’s case, for instance, the felony escape charge.

All that said, facing a Los Angeles DUI charge is neither easy, nor simple. And you may face a surprising amount of hostility – whether you are a celebrity or not – not only from the popular press but also possibly from friends, colleagues, families, and even yourself. Attorney Michael Kraut of the Kraut Law Group in Los Angeles (6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can give you practical, immediate assistance building a defense. As a former prosecutor of DUI crimes, Mr. Kraut understands how the lawyers working against you think and what motivates them – and he has a stellar record at jury trials and great relationships with people in the legal community.

Continue reading "Los Angeles DUI For Estella Warren Complicated by Charges of Hit and Run, Kicking a Cop, and a Felony Escape!" »

Gary Collins, the ex-host of “Hour Magazine” and the Miss America Pageant (1980 to 1988) may soon be arrested for a hit and run DUI in Mississippi, according to celebrity Los Angeles DUI blogs.

Although the 72-year old has not yet been arrested for DUI in Los Angeles, DUI in Burbank, DUI in Glendale, or DUI in Pasadena; he does have multiple DUI arrests on his record. In fact, in 2007, Collins got involved in a fatal accident while driving under the influence of alcohol. The police later determined that he did not cause the accident. Thus, he only faced a punishment of 4 days in prison and 4 years probation, after he pled no contest to charges against him. However, over the past 10 years, he has been arrested 3 times for DUI. During one incident, Collins allegedly had been driving with a blood alcohol concentration of 0.29% -- more than 3 times the legal limit for Southern California DUI of 0.08%.

In this latest incident, Collins allegedly slammed his white jeep into the back of a car driven by a local woman named Cheryl Hales. After initially exchanging words with Hales and her husband, he fled the scene. According to reports, the former Miss America host “wasn’t concerned for my wife’s wellbeing… he wasn’t concerned for my child’s wellbeing. He simply walked over, got in his vehicle, and left.”

The latest news reports suggest that the Mississippi police are preparing an arrest warrant for the celebrity, who once appeared on shows like Charlie’s Angels and The Love Boat. Collins is married to Mary Ann Mobley, who once won the Miss America crown.

What lessons can we extract from this story?

One important point is that California law seeks to punish recidivist (repeat) DUI drivers by ratcheting up penalties for multiple offenses. For instance, a first misdemeanor DUI offender may be hit with serious penalties – such as 48 hours in jail, fines of $1000 on top of court costs, a full year of CA driver’s license suspension, mandatory alcohol school, serious probation, and mandatory interlock ignition device installation. But these admittedly strict penalties can really only constitute the beginning of what the court can throw at you.

If you are convicted a second time for Los Angeles DUI within a 10 year period, you face more jail time, more alcohol school, a license suspension that’s twice as long, bumps in your court costs and fines, and more.

If you get convicted three times within 10 years, your jail time leaps up to 120 days minimum… with a maximum of a full year behind bars. Your alcohol school time goes up, as does your license suspension, fines, and other penalties.

If you get convicted four times or more within 10 years, a standard misdemeanor might be bumped up to a felony. A felony is a much more serious charge than a misdemeanor. If you are convicted of a felony, you can permanently lose many rights you now have as a citizen.

In the case of Collins, the fact that he fled the scene of the accident (allegedly) might elevate his charge from a misdemeanor to a felony, even if it were his first offense.

Whether you face a simple charge of non-injury DUI in Los Angeles; or you face a much more complicated and multi-layered charge of hit and run injury DUI in Pasadena, you could benefit significantly from consulting with a reputable and credentialed attorney.

Continue reading "Breaking Southern California DUI News: Former Miss America Host Gary Collins Arrested for Hit and Run DUI in Mississippi" »

Last Monday, a fatal Los Angeles DUI incident shocked and outraged the community. A black BMW swerved out of control into a pedestrian, killing him, and then crashed into a school bus, injuring dozens of kids. If you have been recently arrested for a non-injury DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI in Los Angeles; this horrific story can serve as a crucial cautionary tale.

According to UPI reports, several witnesses saw a BMW fly through a red light, slam into a pedestrian, and then crash into a bus carrying students from Los Angeles’s Roosevelt High School, flipping it over onto a Metro Link platform. After the crash, the BMW’s driver and a passenger got out of the vehicle and tried to escape on foot. But a pair of construction workers saw them, ran after them, and detained them until police showed up and took them into custody. Of the 54 students on the bus, 16 got treated for non-critical injuries.

If the allegations turn out to be correct – that the BMW’s driver did hit and kill someone while DUI and then fled the scene of the crime – then the driver could get into profound amounts of trouble. The state takes the crime of driving under the influence extremely seriously. Even if you don’t hurt anyone or cause any property damage, if you get behind the wheel of a motor vehicle with a blood alcohol concentration of 0.08% or higher, or if you otherwise drive under the influence of alcohol, drugs, or even prescription medications, you can be arrested and charged pursuant to California Vehicle Code Sections 23152 (a) and/or 23152 (b). Your punishments can range widely and can include jail time, license suspension, extremely strict probation terms, steep fines and court costs, and mandatory interlock ignition device installation.

If you hurt someone while driving under the influence in Pasadena or elsewhere in the Southland, your charges can be ratcheted up significantly. Then you might be subject to California Vehicle Code Sections 23153 (a) or 23153 (b), which elevate what might be a misdemeanor charge to a felony -- a significantly more substantial charge.

And if you drive while DUI and cause someone’s death, you can be hit with a variety of charges, depending on the circumstances of your accident, including:

• Vehicular homicide
• Vehicular homicide with gross negligence
• DUI murder (aka “Watson murder”)

If you face any DUI count, a conviction can impact your financial future and even your freedom. To protect yourself, consider retaining an experienced Southern California DUI attorney.

Continue reading "Los Angeles DUI Fatality – Pedestrian Killed in a Gruesome School Bus Crash" »

Last Sunday, residents of the sleepy town of Danville witnessed a shocking multiple hit and run Southern California DUI rampage involving Cainan Schierholtz, the brother of Nate Schierholtz, an outfielder for the San Francisco Giants. All told, the 23-year old Schierholtz allegedly hit a bicyclist, a pedestrian, and several cars and trucks before he was stopped.

Diagram of a Rampage

The insanity began around 10 in the morning on Sunday, when police officers heard a report that someone was driving DUI near Railroad Avenue and Danville Boulevard. Schierholtz by that time had probably already hit his first victim – a bicyclist on Danville Blvd. Rather than stop to help the bicyclist, Schierholtz continued forward and rammed into a pedestrian. Again, he did not stop and instead swerved into another lane and slammed into a pickup truck. Again, he didn’t stop. He pulled onto Linda Mesa Avenue and smashed into a Lexus SUV. Meanwhile, the driver of the pickup followed him onto Montair Drive.

The suspect was cornered on that dead end street and blocked by the pickup truck. He was at that point driving with his airbags deployed (but still managing somehow to move forward). But because the pickup truck blocked him, he got stuck. The pickup truck driver and local neighbors surrounded and subdued him before police got to the scene and arrested him.

Schierholtz was held on $350,000 bail and charged with multiple counts of Southern California DUI causing injury, three counts of injury hit and run, and two counts of property damage. And to top it off, the 23 year old was charged with driving without a license.

Fortunately, no one appears to have been severely injured during the rampage. But Schierholtz faces a huge legal battle. According to California Vehicle Code Sections 23153 (a) and 23153 (b), a typical count of Los Angeles DUI can be elevated to a felony if a driver under the influence causes injury to another person. Felony charges are more serious than misdemeanors. If you are convicted of a felony, for instance, you will lose your right to vote, and you may find it very difficult to get loans, find employment, and qualify for a lease on a car or an apartment.

If you are arrested for a DUI in Glendale or DUI in Pasadena and charged with injuring someone while under the influence, you will need to put together a strategically engineered defense. Depending on the circumstances, you could try to get the charges dropped altogether. In other cases, you may seek to plea bargain down the charges. For instance, in exchange for prosecutors not charging you with injury DUI in Pasadena, you might accept a lesser charge of a simple Los Angeles DUI, pursuant to California Vehicle Code Sections 23152 (a) or 23152(b).

In any event, chances are that you need a time tested attorney on your side to advise you and suggest a strategic way forward.

Continue reading "Southern California DUI Rampage Leaves Several Injured; San Francisco Giants Outfielder’s Brother Named as Culprit" »

Actress Heather Locklear, star of the TV series "Melrose Place," was hit with a misdemeanor hit-and-run charge Saturday; her case could be vastly complicated by her previous arrest for driving under the influence in Southern California in September 2008. According to the Deputy District Attorney for Santa Barbara, Lockley "could be facing a maximum of 90 days" in prison, if she's convicted of violating her Los Angeles DUI probation.

Play-by-play of the crash and arrest

On 4 A.M. Saturday night, a local Ventura County resident woke to the sound of a violent crash near his house. He investigated and saw a car smashed into a "no parking" sign. The driver peeled off. Concerned, the witness called the police, who investigated and connected Heather Locklear with the crash. Her black BMW had damage to its tire well that matched perfectly with damage to the "no parking" sign.

The police captain who cited Locklear did not handcuff her or take her to the station. Nevertheless, a court date has been set for May 17. (After her 2008 arrest, the 48-year-old actress was sentenced to 12 hours of road safety training, a $700 fine, and three years probation--in exchange for getting her Southern California DUI charge dropped.)

Whether a celebrity has been arrested for DUI in Burbank or for driving under the influence in Long Beach, she can be charged according to two DUI laws: California Vehicle Code Sections 23152 (a) and 23152 (b). The first statute says that if police stop you for driving under the influence of alcohol or drugs, they can arrest you and charge you with a misdemeanor or felony. Convicted offenders face jail time, suspension of California's drivers license, points on the DMV record, and major fines and court costs. 23152 (b) defines DUI in Southern California "per se" as having a blood alcohol content (BAC) at or above 0.08%.

Although a single conviction of DUI in Burbank may only result in a misdemeanor, the charge can be elevated to a felony if this is your third DUI within 10 years or if you hurt someone.

Legal assistance for dealing with a charge of DUI in Southern California

If you or a loved one has been arrested for DUI -- whether you face straightforward charges or more complicated ones like Heather Locklear now faces -- you can likely benefit from the counsel of an experienced and trial-proven attorney.

Continue reading "Heather Lockhear hit-and-run case could be complicated by her 2008 Southern California DUI" »

Online blogs and websites that cover celebrity Los Angeles DUI news have been fiercely debating the arrest of Jake Harris, the 24-year-old son of the late Captain Phil Harris, a fish boat captain who appeared on multiple seasons of Discovery Channel’s “Deadliest Catch.”

According to Washington State Troopers, Harris had been driving on a suspended license and had gotten involved in a hit and run accident prior to his arrest. After a motorist reported an out-of-control driver on interstate 5, the police ID’d Harris’ vehicle and, using aerial assistance, pulled him over. Harris was arrested at the scene and charged with hit and run as well as a DUI.

Fortunately, no one was reportedly injured in the earlier hit and run accident, and Harris himself seems to have escaped uninjured as well, although he remains behind bars as of the publishing of this blog post. Harris’ situation does raise some interesting issues, however.

For instance, what would happen if someone drove DUI in Pasadena on the 5 Freeway and got involved in a hit and run accident that actually hurt someone else?

If you commit a hit and run DUI in Pasadena, you might be charged by prosecutors for violating California Vehicle Code Sections 23153(a) and/or 23153(b). These state laws stipulate that anyone who injures another person in a DUI crash can have his charge raised from a simple misdemeanor to a felony, which is a much more serious charge. If your BAC level is above 0.08%, and you hurt another person in a DUI crash (hit and run or not), your punishments can include forced restitution to the injured victim and/or victim’s family, a lengthy prison sentence, severe fines and court costs, hiked up insurance rates, strict probation terms, mandatory installation of an interlock ignition device, and so forth.

Obviously, defendants would like to avoid (or at the very least plead down) these charges. But without a sophisticated and experienced attorney who understands how prosecutors charge people for driving under the influence in Pasadena, you could run into serious trouble -- even if exonerating facts are on your side.

Explore Your Options

Continue reading "Southern California DUI Blogosphere Lights Up As Son of Recently Deceased “Deadliest Catch” Captain Gets Arrested For DUI in Seattle" »

On January 23rd, two individuals both driving under the influence of alcohol in Burbank collided into one another, causing minor injuries and damage. According to investigating officer, James Laforce, here is what happened:

A car traveling eastbound on Sherman Way attempted a U-turn, when an oncoming truck plowed into it, knocking the car onto a nearby curb. The truck, meanwhile, slammed into a Ford Mustang parked nearby. The truck driver -- along with his passenger -- fled the scene, but both men were apprehended and arrested shortly thereafter for trying to break into someone’s residence.

The truck driver got tagged for a felony hit and run charge; he is currently being investigated for a misdemeanor DUI charge. Meanwhile, the 20-something-year-old woman who had been driving the car got taken to hospital for minor injuries. Reports suggest that neither her, nor her passengers, suffered any life-threatening injuries. Nevertheless, the woman was hit with a felony Los Angeles DUI charge.

Laforce had this to say about the accident: “it was ugly… they are lucky they are alive.”

In this Burbank DUI instance, fortunately no one got seriously injured or killed. But what happens if someone dies in a Southern California DUI crash? What kinds of charges might a driver face?

The answer, obviously, depends on the circumstances of the accident. California Penal Code Section 191.5(a) describes the charge of gross vehicular manslaughter while intoxicated. To prove this kind of charge, prosecutors must show four key things:
1) The person drove a motor vehicle with a BAC of 0.08% or higher; or otherwise clearly drove under the influence of a drug;
2) The person committed a driving infraction or unlawful act -- such as a misdemeanor -- that could potentially cause someone to die;
3) The driver not only committed this unlawful act or infraction, but he or she did so with gross negligence;
4) This gross negligence led to someone’s death.

DUI murder charges (a.k.a. Watson murders) carry even stiffer penalties and harsher jail sentences than do charges of gross vehicular manslaughter while intoxicated.

Whether you’re facing a (relatively) minor misdemeanor Burbank DUI charge, or you’ve been arrested for gross vehicular manslaughter while under the influence, you are entitled to a sound and competent defense. Given how much is at stake, it makes sense to invest in high quality legal representation.

Continue reading "Double Trouble: Twin felony Los Angeles DUI charges handed out after two DUI drivers crash into each other" »

A Southern California DUI crash has rocked the Manhattan Beach Police Department.

Here is the story, as reported in The Daily Breeze:

#1) On January 31, a car collided with two other vehicles at the intersection of Sepulveda Blvd. and Manhattan Beach Blvd.

#2) The driver fled the scene and abandoned his vehicle at a nearby Arco Gas Station parking lot.

#3) Police called in to investigate discovered that the driver was one of their own -- a fellow Manhattan Beach officer.

#4) Instead of arresting their cohort for Southern California DUI and hit and run, the officers did not issue any report or make any arrests.

#5) News of this dereliction of duty reached the Manhattan Beach Chief of Police, Rod Uyeda, the next day.

#6) Uyeda quickly alerted the LA County Sheriff’s Department to conduct an internal investigation, and he issued a public statement to the community to reassure them that the actions of the few independently-minded police officers should not be construed as indicating that the Manhattan Beach Police Department would condone or tolerate bad behavior.

Fortunately, the two other drivers hit on January 31st suffered only minor injuries (and some property damage to their vehicles). The Southern California DUI hit and run cover up comes on the heels of a similar incident last September that took place in Torrence at the corner of Robert Road and Pacific Coast Highway. (A Torrence police sergeant drove under the influence of alcohol, hit another vehicle, and sped away from the scene.)

California Vehicle Code Sections 23153(a) and 23153(b) stipulate that it is a violation of California law to injure another person while driving under the influence of narcotics or alcohol. If you hurt another person while driving with a BAC of 0.08% or higher, you can be slapped with a felony charge and face life changing penalties, including jail time, high court costs and fines, drivers license suspension, forced restitution to victims of the injury, and more.

If you’ve been hit with a charge of driving under the influence in Los Angeles, you’re likely feeling anxious, nervous, and confused. Take proactive steps to gather yourself and begin to craft an appropriate defense to the charges against you.

Continue reading "Hit and Run Southern California DUI Accident Embroils Manhattan Beach Police Department in Scandal" »

Super Bowl Sunday is a dangerous day for Southern California DUI incidents. Statistically, only New Year’s Eve sees more Los Angeles DUIs. We’re going to take a look at Southland DUI statistics for Super Bowl Sunday.

• According to the Orange County Register, in 2009, 11 people died in DUI related accidents - more than 3 times the average for Southern California DUI deaths. Also last year, 160 DUI crashes were reported in CA - twice the daily average.

• The DUI spike is a known and serious problem. The Automobile Club of Southern California recently analyzed crash data and found that DUI crashes on Super Bowl Sunday leap 27% (220 people hurt/killed in DUI crashes vs. 174 people hurt/killed in DUI crashes on an average day in CA.)

• In Los Angeles proper, the spike is even spikier. We see a whopping 33% increase in Los Angeles DUI crashes/deaths on average for Super Bowl Sunday (72 people hurt/killed vs. 54 hurt/killed on a normal day).

Fortunately, the majority of Burbank DUI arrests and auto accidents end without injury to any party. Here in California, injury DUIs are covered by California Vehicle Code Section 23153(a) and 23153(b). Let’s dive into these two laws to get a better understanding of what they prohibit and how the mete out punishments.

According to 23153(a), a driver who would ordinarily be charged with a misdemeanor Beverly Hills DUI can be hit with a felony charge if she injures another person in an accident that can be clearly linked to her alcohol/drug use.

Section 23153(b) says that someone who drives with a BAC of 0.08% or more and who then violates California traffic laws and directly or indirectly hurts another person can be sent to prison. This section also lays out other punishments that can be imposed, such as court fines, jacked up insurance rates, and forced restitution to the victim or the family of the victim.

That being said, just because you're arrested for driving under the influence in West Hollywood (or elsewhere in Southern California, such as Long Beach or Burbank), and someone got hurt in the accident doesn’t mean that you will be slapped with a felony charge. For the prosecution to succeed with a case against someone for violating 23153(a) or 23153(b), they must show that the driver violated traffic laws, behaved negligently, and caused the accident.

For instance, if you drove DUI (BAC of 0.08% or above), but the other driver caused the accident: you can still get a misdemeanor DUI, but you won’t likely get a felony DUI. Likewise, if you drive DUI and caused an accident, but you did not violate any traffic laws or act in a negligent way then you will be susceptible to a misdemeanor charge but likely not to a felony.

To sort everything out, it helps to work hand in hand with an attorney who has lots of experience.

Continue reading "Southern California DUI Statistics for Super Bowl Sunday 2010" »

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" »