Los Angeles DUI Attorney Blog

You or someone close to you recently got in trouble for driving under the influence in Beverly Hills. You know you need an attorney to manage your burgeoning legal crisis. But who should you choose, and how might you know when you’ve found the “best” person or legal team for the job?

This seems like a relatively simple question to answer. But it’s a question that can provoke a tremendous amount of anxiety. In fact, when you search for Beverly Hills DUI lawyers online, you will encounter dozens if not hundreds of options. Sifting through the websites of prospective attorneys can leave your head spinning. On the surface, this should be a good thing: the more choices you have, the better, right?

Perhaps. But maybe not, depending on the circumstances.

Social scientist Barry Schwartz described a powerful concept about choosing that might have serious relevance to your frustration. In his book The Paradox of Choice, Schwartz destroys one of the most common myths in our consumer-oriented society. Most of us believe that “the more choices, the merrier.” In other words, when we have more options, we will be more likely to find the “best fit” for our needs, whether we are shopping for shoes, a new house, or a Beverly Hills DUI lawyer. Instead of choosing from six choices, we would rather choose from 60. This kind of optimization thinking has been drilled into our subconscious since childhood.

But Schwartz points out that superabundance of choice leads to analysis paralysis and dissatisfaction with the final results. In other words, when you have to make a decision between 60 different options, even if you choose one that’s “better” than any option you might have gotten had you restricted your choices to six, you will feel worse about the outcome and ultimately less satisfied with your decision over the longer term.

This is the Paradox of Choice: the more choices you have, the less happy you will be with your final choice!

One reason is that when you are exposed to a lot of choices, you will constantly think about how your final choice compares to all the options you didn’t choose. On some level, we all intuitively recognize this problem. Think back to last time you went to Jerry’s Deli or another diner in Long Beach and got overwhelmed by the sheer size of the menu. No matter what you picked – the giant omelet, burger and fries, soup du jour, etc. – you “missed out” on hundreds of other meals you might have also wanted to try.

The solution, according to Schwartz, is to aim for “good enough” solutions to your problems. In other words, you don’t want to be careless and just eliminate choices for the sake of eliminating them. But you want to be choosy about how you choose. A “satisfactory” choice may ultimately leave you feeling better about your decisions than a “best” choice, ironically enough.

Fortunately for you, there is no reason to lower your standards. Attorney Michael Kraut of Beverly Hills' Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) is an experienced Beverly Hills DUI defense lawyer with the resources, wherewithal, unique experience (served as a prosecutor for LA for 14 years), educational background (Harvard Law School), and jury skills to get you excellent results.

Continue reading "Choosing the “Best” Beverly Hills DUI Lawyer Can Drive You Insane" »

You might think that people who have been arrested for driving under the influence in Burbank or elsewhere in SoCal would be able to bond over their experiences. Especially if those two people were once friends and lovers. But that’s not always the case…

As this blog reported a few weeks ago, DJ and party girl Samantha Ronson got pulled over near Bakersfield and arrested for driving under the influence while en-route to LA from the city that never sleeps. According to Gather.com, Ronson allegedly called her ex-girlfriend, Lindsay Lohan – one of the most famous faces of all-time in the Los Angeles DUI blogosphere – expecting, possibly, consolation and commiseration.

Instead, allegedly, the “mean girl star turned mean for real and lambasted her former girlfriend, taunting her, calling her names, and laughing at her current misfortune. “Wow, you turned out to be a fine example…” LiLo sneered. “You think you would have learned something from all those hours of boring lectures you gave me!”

The Gather.com article said that the conversation between the exes was “loud” and “ended with Ronson yelling that she would never call her evil ex again and then slamming down the phone.”

Obviously, this story is a bit salacious. Ronson and Lohan were, at one time, tabloid staples. But the story illustrates a deeper truth about the Burbank DUI process. Specifically, surprises abound. You might expect one person in your life to be sympathetic, but be surprised to be met with scorn and opprobrium. Conversely, you might discover resources that completely change your life for the better, such as a strategically focused Burbank criminal defense attorney (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810).

The attitude with which you face your Burbank DUI charge can make all the difference. If you look at what’s happened to you – and the possible penalties you face – with a “woe is me” attitude, that’s not resourceful or productive, nor is it even entirely true.

This isn’t to say that you shouldn’t face up the reality, acknowledge the possibly paralyzing legal situation you are in and take positive and powerful action to fix your problems. But your arrest and charges can lead to self-growth and the cultivation of new and resourceful perspectives on your life. Yes, you might face surprising setbacks even after the surprising arrest. Like an ex-boyfriend, girlfriend, family member, or friend being far less than sympathetic and rubbing salt on your wounds.

But you also have the opportunity to change things and transform your life for the better. Connect with Burbank’s Kraut Law Group to discuss your case in confidence with Harvard Law School-educated former prosecutor Michael Kraut and begin the process of constructively and resourcefully navigating your future.

Continue reading "Burbank DUI with Alcohol and Mean Girls: Lindsay Lohan Thrashes Ex-girlfriend Samantha Ronson after Ronson’s DUI Bust" »

Last Tuesday, a Los Angeles DUI story managed to (briefly) distract Angelinos from the imminent closure of the 405 (a.k.a. “Carmageddon”). Rodney King -- the famous LAPD beating victim whose video beating, as you might remember, ignite race rights in the city and ultimately branded L.A. as a cauldron of intolerance for over a decade -- got stopped by police who witnessed him committing multiple traffic violations.

King was apparently pulled over and booked without incident. (not unlike most arrests for Los Angeles DUI, Burbank DUI, Glendale DUI, or Pasadena DUI). The 46-year old minor celebrity (he appeared on a recent season of Dr. Drew’s “Celebrity Rehab”) is no stranger to charges of driving under the influence in Los Angeles. In 2003, he collected a DUI. And just this March, police pulled him over one day short of the 20th anniversary of his famous taped beating for driving with an expired license.

It’s unclear yet whether King was indeed violating California Vehicle Code Sections 23152(a) or 23152(b). Either way, given King’s history with city law enforcement – and their history with him – even if the charges turn to be relatively mundane and King cooperates (i.e. there is no drama), you can be sure that you will be reading a lot about the aftermath of this arrest in the blogosphere. Perez Hilton, for one, published a snappy and snarky blog post about King’s arrest just hours after the news broke.

Can a Los Angeles criminal defense attorney help you identify a practical and strategic way to respond to charges like DUI? Or will you be doomed to lose your license and suffer penalties like extended jail time, harsh probation terms, and massive fines and court costs, no matter what actions you take?

Truth be told, your choice of legal representation can matter tremendously. Attorney Michael Kraut (of Los Angeles’s Kraut Law Group - 6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) provides free consultations for defendants charged with DUI in L.A. Attorney Kraut is a former prosecutor for the city – for well over a decade, he worked every day to put criminal defendants behind bars – so he understands how the prosecutors working against you think and act, and he can use his knowledge and relationships to build you a more effective defense.

Continue reading "Los Angeles DUI Shocker: Rodney King Busted in Riverside County on Suspicion of DUI" »

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!" »

We expect LAPD officers to pull people over and arrest them for crimes like driving under the influence in Los Angeles; what we don’t expect is for police officers to speed the wrong way down the Sepulveda Tunnel on their motorcycles and then themselves get busted for misdemeanor DUI.

But that’s exactly what officer Joseph M. Bezak stands accused of.

Bezak’s saga illustrates that, just because you’re educated about the dangers of driving DUI in Glendale, DUI in Pasadena, DUI in Burbank, or DUI in LA doesn’t mean that you’re going to use good judgment all the time.

According to news reports, early Saturday morning, officers got a radio call that someone was riding a motorbike north in the south-bound lanes. They pulled the 41 year old Bezak over. According to the Daily Breeze: “Bezak is assigned to LAPD’s Hollywood division, but it was unclear whether he was placed on administrative leave.”

This arrest unearths some deeper, troubling issues.

Probably few people understand the dangers of driving under the influence in Los Angeles (as defined either by California Vehicle Code Sections 23152 (b) or 23152 (b)) better than do LAPD officers, who often see the grisly results of DUI crashes up close and personal.

If an LAPD officer himself is capable of overriding his sense of safety and security – and his professional duty to serve and to protect -- what does this all say about the malleability of human behavior? Can we train ourselves to be behave better on the road? Or are some people – in certain situations – simply unable to hear, understand, or process how to drive safely?

These questions are important to ask. Most people think about Los Angeles DUI drivers as somehow different or “below” other people/drivers. “There is something wrong with those people,” we think. But is there really? Or are we all (or at least most of us) capable of committing a crime like this – or other similar vehicular crimes – given the right (or, better said, wrong) set of circumstances?

It makes people uncomfortable to think that DUI offenders are very similar to “people they know.” But this is obviously the case.

We should shift away from the mentality of blaming drivers who make bad judgment calls and instead try to strike out at the real enemy – the circumstances, cultural influences, etc that allow the “phenotype” (if you will) of the DUI driver to express.

On a more pragmatic note, individuals who are struggling with how to handle a DUI arrest can connect with Attorney Michael Kraut of Los Angeles’s Kraut Law Group for a free and confidential case evaluation. Mr. Kraut is a very experienced Los Angeles criminal defense attorney who spent a lot of his career working as a prosecutor. He’s got a fantastic record at jury trails, great relationships with prosecutors, and a deep command of the relevant law.

The last place you think you’d look for an analysis of the upcoming royal wedding between Prince William and his betrothed, Kate Middleton, is a blog devoted mainly to conversations about driving under the influence in Los Angeles. But with literally every single news organization – from the largest papers in Britain and the U.S. to the smallest “two bit” blogs here and abroad -- focused on the upcoming nupitals on April 29th, we thought it would be an interesting departure from standard news about Glendale DUI, Pasadena DUI, Burbank DUI and Los Angeles DUI, to review some highlights from what promises to be one of the most gala celebrations of 2011.

One article last week in the U.K. Paper Metro, noted that the street party after the royal wedding will need to be insured for a whopping 5 million pounds. According to Metro, seven different street parties have been approved following the ceremony… and David Cameron himself got into a minor battle with local authorities about whether or not street parties should proceed.

Meanwhile, the Los Angeles Times reported about royal wedding etiquette and dress. Here are some interesting details from that article:

• “There's a 22 page royal etiquette book explaining some key do’s and don’ts for the big day”
• “If you intend to wear a top hat, make sure to take it off inside the church”
• Simon Cowell (of American Idol fame) is not invited

Lastly, the BBC reports that half a million people will be journeying to London to watch Prince William and Kate Middleton tie the knot. The BBC reports that, back in 1981, the Prime Minister himself slept outside Buckingham Palace the night before the royal wedding just to get a peak. London will no doubt have a lot of logistical preparations to handle this enormous crush of people.

For those of you who lack any connection with the outside world, the wedding will take place on Friday the 29th at 11 AM in Westminster Abby.

Frivolous details about the royal wedding aside, however, let’s quickly review some crucial information about Los Angeles DUI penalties. Not to put a damper on the celebratory mood, but if you do get arrested and convicted of Los Angeles DUI, the court can impose an incredibly diverse array of punishments. Here are just a few:

• Significant jail time
• Fees, fines, and other costs
• Force you to install an interlock ignition device in your car
• Mandatory alcohol school
• Community service
• Difficult probation terms
• License suspension
• Many more penalties

To construct an appropriate defense – whether you stand accused of a complicated injury DUI charge or a simple misdemeanor DUI -- Los Angeles criminal defense attorney Michael Kraut can help you simplify your defense strategy. As a former prosecutor (Senior Deputy District DA for LA, to be more specific) and Harvard Law School educated attorney, Mr. Kraut has both the experience and the knowhow to deliver exceptional service. The Kraut Law Group is located at 
6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028.

Continue reading "Los Angeles DUI Blog Discusses the Upcoming Royal Wedding" »

As this blog reported many months ago, the world of Los Angeles DUI got shaken up significantly last year when a pilot program went into effect in Los Angeles, Sacramento, Tulare, and Alameda Counties that mandated that convicted DUI drivers install ignition interlock devices (IIDs) in their vehicles – even for first time DUIs. These “test counties” have demonstrated surprisingly lackluster results, according to a Sacramento Bee analysis published last Monday.

Before we dive into the analysis, let’s recapitulate what this law mandates, so that if you or someone you care about has been pulled over for driving under the influence in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, you will understand a little bit more of what’s at stake.

The law – champion by Mike Feuer, a Democratic assemblyman from L.A. -- requires DUI convicts to install a breathalyzer-like device called an ignition interlock device in his or her automobile for five months. Until if you blow a “sober” breath into the device, you can’t start your car. The IID should, at least theoretically, thus prevent recidivist (repeat) Los Angeles DUI drivers from endangering themselves and others on the road.

Unfortunately, statistics suggest that the DUI law is not working as planned. Since its incipience, over 13,000 people have been convicted of DUI in the test counties. But California officials confirm that just 1,335 of these convicted drivers got IIDs in their vehicles. Some experts believe that many convicts might be driving illegally – without an IID or even a valid driver’s license.

Assemblyman Feuer is not oblivious to the problem. The Friday before last, he admitted that it may be time to assess the efficacy of the law: “lives are at stake… it’s extremely important we implement this properly.”

From a policy standpoint, we can draw a lesson here. Sometimes solutions that seem “extremely obvious” lead to weird consequences. The cure can be worse than the disease.

This isn’t to say that the Los Angeles DUI program can’t be somehow rehabilitated or made to be more effective – just that policy makers need to have a certain amount of humility and need to rely more on data than on emotion when constructing creative solutions to make our roads safer.

From a practical point of view, if someone you care about has been charged recently with a crime like DUI, a Los Angeles criminal defense attorney (such as Michael Kraut, a Harvard Law School educated former prosecutor who has offices at: 6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can provide crucial advice. Build a better defense by connecting to a knowledgeable, results proven (99% success rate at jury trials) lawyer now.

Continue reading "Los Angeles DUI Law Ineffective? Sacramento Bee Questions Wisdom of IID Law" »

Last Tuesday, Matthew Rutler, the 25-year old boyfriend of pop princess Christina Aguilera, got arrested for driving under the influence in West Hollywood. Christina herself was booked for public intoxication.

When celebrities get pulled over for driving under the influence in Pasadena, DUI in Glendale, DUI in Los Angeles, and Burbank DUI, the tabloids and blogosphere scramble to shine light on the story. For instance, within hours of the news break, hundreds of websites had information about how Rutler blew a 0.09% on his breathalyzer test (Southern California DUI limit is 0.08%, as this blog has often emphasized).

The tabloids have been buzzing about Christina’s recently “erratic” behavior, noting that the 30-year old pop star was visibly intoxicated at a colleague’s birthday party in January. Christina also famously forgot some of the words to The Star-Spangled Banner when she sang the anthem at the Super Bowl. A recent People Magazine story quoted a friend: “there is a real concern about this guy (Rutler), and a lot of her friends feel she needs to get away from him…hopefully, what happened (last Tuesday’s DUI in West Hollywood) is a real wakeup call.”

The media ignores non-celebrities arrested for Beverly Hills DUI. These defendants often lack good guidance, and they feel confused, scared, and overwhelmed about how to construct their defense.

Before we talk about potential resources to help you (or a friend or family member), let’s return to the legal definition of driving under the influence in Beverly Hills. California Vehicle Code Sections 23152(a) and 23152(b) define the crime of misdemeanor DUI in California. Section 23152(a) talks about the definition of driving while impaired by alcohol or drugs and stipulates the potential penalties the court may enforce. Section 23152(b) offers a subtle difference – it defines Beverly Hills DUI as driving with a blood alcohol concentration of 0.08% or greater.

For injury DUIs, two other California Vehicle Code Sections – 23153(a) and 23153(b) – may come into play. These take what might ordinarily be a misdemeanor charge and elevate it to a felony charge.

Whether you have been pulled over for a simple misdemeanor DUI, or you face a complicated court battle, a Los Angeles criminal defense attorney can answer your questions, work with you to develop a clear and effective strategy, and give you ongoing guidance to ensure that you obey the law, please the court, and minimize your potential hassle and punishments.

Connect with attorney Michael Kraut of the Kraut Law Group (offices in Beverly Hills at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Mr. Kraut spent nearly decade and a half as a Los Angeles prosecutor, during which time he developed a deep understanding of how prosecutors work. He now leverages that knowledge on the behalf of criminal defendants, and he has a reputation for getting terrific results.

Continue reading "West Hollywood DUI Shocker: Christina Aguilera and Her Boyfriend Busted" »

Most people hit with charges of Los Angeles DUI want to clean their records as quickly as possible to avoid things like license suspension, jail time, significant court costs, and probation. But a 30-year-old Olympian has a very unique and compelling motivation to battle his 2009 DUI charge: bobsledding gold-medalist Steve Holcomb needs his DUI charge dropped so that he can get a visa to travel to Canada to compete in the World Cup.

If you or someone you care about has been recently slapped with a charge of DUI in Pasadena, DUI in Burbank, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, odds are that your reasons for wanting to fight your charges are more mundane (but not necessarily less important!)

Here are the details on the strange case of the DUI gold medalist:

In October 2009, the Utah native made a U-turn on Route 224 but got stopped for making the turn illegally. The sheriff’s deputy tested him for DUI and found that he had a blood alcohol concentration (BAC) of 0.19% – over twice the Utah (and Southern California) DUI limit. At first, Holcomb got the charge dismissed because the sheriff's deputy did not sign his citation properly. But Summit County Attorney David Brickley refiled the case shortly thereafter.

Last Tuesday, Holcomb’s attorney appeared in court to fight the charge: “If the DUI charge remains, Holcomb can’t participate in this incredibly crucial event (the World Cup)." The lawyer told the judge: “If Canada turns down a request for a visa, we will have no choice but to litigate the case.”

Attorney Brickley, for his part, suggested that he would be willing to plea bargain the charge down to an impaired driving conviction. But this count would still be a misdemeanor – enough to prevent Canada from letting the Olympian get his visa.

A Southern California DUI conviction can radically throw your life and business out of whack. Although Holcomb still has not been convicted of his 2009 DUI, the charge alone has been enough to throw his athletic career offline.

The law takes driving under the influence charges very seriously. First time convicts -- for even misdemeanor DUI offenses -- can face 48 hours in jail with a maximum of six months; mandatory DUI alcohol school; informal or formal probation; a one year CA license suspension without restrictive license possibilities; interlock device installation (which you have to pay for); and much more. This doesn’t even count the incalculable secondary problems that you will face, including loss of respect among your family, peers, and business associates and all the time that you will have to spend battling back against the charges.

The penalties actually can be ratcheted up significantly if you commit more than one Los Angeles DUI within 10 years; if you hurt someone or destroy property while DUI; or if you flee the scene of an accident (hit and run).

To build the stiffest, most resilient defense, you need a lawyer who has strong trial experience and a deep familiarity with the law. Look to Los Angeles criminal defense Michael Kraut to get timely and battle-proven advice about what steps to take to fight your charges. Michael Kraut is an ex-District Attorney for the county – as a former prosecutor, he knows how prosecutors think and plan; and he will use his relationships and personal experience to battle for your rights.

Continue reading "Los Angeles DUI Analysts Review Olympic Gold Medalist’s Visa Dilema" »

NFL fans and professionals who follow celebrity Southern California DUI news have been heatedly debating the fallout of Tampa Bay Buccaneers wide receiver Mike Williams’s DUI arrest. The 23-year old rookie got pulled over two weeks ago in his black Escalade and arrested for suspicion of driving under the influence. Police reports revealed that Williams’s BAC tested below the 0.08% Florida (and California) legal limit.

Anyone who has recently been arrested for driving under the influence in Los Angeles, DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI elsewhere in the Southland may find the repercussions of Williams’ arrest instructive, in that they illustrate how many complications can spring from even a simple DUI arrest -- one not involving accidents, injuries or property damage.

Upon learning of Williams’s arrest, the Buccaneers management decided to allow him to play in a game against the San Francisco Forty Niners. Williams is the team’s leading receiver. Prior to Sunday’s game against the Baltimore Ravens (which the Buccaneers lost 10 to 17), Williams had garnered 6 touchdowns and 689 yards.

The Buccaneers head coach authorized his team to conduct an independent analysis to determine whether or not Williams had controlled substances in his system in addition to alcohol. Williams dutifully submitted to this request, and Coach Morris announced: “we gave Mike our own independent test and we are completely confident that he is completely clean.”

But the NFL is not necessarily happy with the Buccaneers conduct, and some sports analysts believe that the team violated the league’s policy for drug testing confidentiality.

The takeaway here is that, if you or someone you care about has been arrested for DUI in Southern California, even if you are not a major NFL star or a celebrity or politician, you could face serious consequences in addition to the consequences stipulated in the California Vehicle Code Sections relevant to DUI arrests.

For instance, a first time misdemeanor DUI arrest could land you in jail for a minimum of 48 hours, net you serious fines ($1,000 on top of court costs), lead to intense probation terms, and much more. On top of that, you will likely have to deal with unexpected secondary and tertiary (third degree) consequences – just like Williams and the Buccaneers have had to do – such as complications with your personal and business relationships.

Fortunately, Los Angeles criminal defense attorney Michael Kraut can provide a confidential and strategic assessment of your defensive possibilities. Attorney Kraut is a Harvard Law School educated lawyer who has represented clients in some very difficult and complicated Los Angeles DUI matters. As a former prosecutor, Attorney Kraut has the clout, connections, wherewithal, and intuition for the law you need to craft your most appropriate response.

Continue reading "Los Angeles DUI Results in Football Fans and Bloggers Alike Analyze Fallout of Buccaneers Wide Receiver’s Arrest" »

DUI arrests were up significantly this Thanksgiving weekend. The California Highway Patrol assigned all available units to man the streets to catch as many Los Angeles DUI drivers as possible. The statistics have now been released and the number of drunk driver arrests are up. Over the same period last year there were 271 California DUI arrests. This year the number increased to 289 DUI arrests in California. The good news is that the number of driver's killed was significantly down. The total number of deaths due to Los Angeles DUIs was down to eleven.

The statistics are as follows:

Burbank DUI cases

The number of Burbank DUIs also rose this weekend. The statistics are not fully in for the number of DUI arrests in Burbank. According to a leading Burbank DUI Defense Attorney, there has been a significant increase in the efforts of law enforcement in Burbank to stop the number of people driving under the influence of Alcohol in Burbank.

Pasadena DUI cases

The Pasadena Police Department mobilized their officers in an attempt to catch as many Pasadena DUI drivers as possible. While it may seem that that the efforts were overkill, the police want to put the word out this holiday season that driving under the influence in Pasadena will not be accepted. Ask any top rated Pasadena DUI Defense attorney and they will tell you that this is the best way to keep the public safe and away from harm.

Beverly Hills DUI Arrests

The Beverly Hills Police Department is one of the best trained and most highly paid of all law enforcement in Los Angeles County. The department leads the way in Beverly Hills DUI arrests and some of the highest jail sentences for a conviction of driving under the influence of alcohol in Beverly Hills. Beverly Hills DUI Defense Attorney Michael Kraut is one of the top rated DUI defense lawyers in California and he is often quoted in news and print media. When asked about DUI news in Beverly Hills, Mr. Kraut explains that the City has the resources and public backing to quash those charged with this crime within the City limits.

Continue reading "Los Angeles DUI Arrests This Thanksgiving Weekend" »

Last week, the California Office of Traffic Safety announced that it has awarded a $1.1 million grant to the Los Angeles County Sheriff’s Department to expand Los Angeles DUI checkpoints, in an ongoing effort to fight back against injuries and deaths on Southland freeways and surface streets.

If you’ve recently been pulled over for Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI, you may have had an inkling that the Los Angeles Sheriff’s Department was stepping up patrols and enforcement. In fact, the LASD has experimented with new methods and generated new results over the past several years. Three separate motorcycle safety enforcement operations apparently have reduced motorcycle accident fatalities in California. In 2009, 29% fewer motorcyclists died on Southern California road than did in 2008. That said, California is still one of the three most dangerous states for motorcyclists.

The LASD hopes to use the grant money to pursue “warrant searches and stakeouts for repeat DUI offenders, saturation patrols, and court stings.” The Director of the California Office of Traffic Safety, Christopher Murphy, celebrated California’s reduction in alcohol impaired collisions over the past several years. But Murphy insisted “to keep this trend going, we will continue to strive the meet our vision – towards zero deaths, every one counts.”

Two vehicle code sections may be applicable to the crime of DUI in Southern California. The first, California Vehicle Code Section 23152(a), says that, if a police officer pulls you over while you are driving a car, truck, motorcycle, or other motor vehicle, and you happen to be under the influence of alcohol or a narcotic, you may be arrested and taken to jail and then charged with a crime. If you are convicted of this crime – even for a misdemeanor – you can face fines and court costs, license suspension, forced installation of a device in your vehicle that will prevent you from driving if you’ve been drinking at all, and mandatory jail time.

A second relevant law, California Vehicle Code Section 23152(b), defines the crime of Southern California DUI slightly differently. It says that, if you drive with a blood alcohol concentration of 0.08% or more, you can be arrested for DUI and subject to the penalties described above set forth in 23152(a).

If you’ve injured somebody while driving under the influence, other sections of the CVC may be relevant. For instance, DUI with injury is covered by California Vehicle Code Sections 23153(a) and 23153(b). Essentially, these sections can elevate standard misdemeanor charges to felonies if the DUI driver caused injury to another person.

Responding Effectively to Charges

Your legal representation can make an enormous difference to your ultimate sentencing and punishment. A resourceful Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut, may even get the charges against you dropped altogether.

Continue reading "Los Angeles DUI Checkpoints will Expand, Thanks to Large Grant from the California Office of Traffic Safety" »

Most headlines about Southern California DUI concern politicians, actors, celebrities, or “ordinary” people doing outlandish things (such as riding lawnmowers while DUI – a peculiar habit that this blog has documented multiple times).

A breaking story publicized by the Chicago Tribune shows that actors, celebrities, and oddballs don’t have a monopoly on the “DUI trade.” Wade Miquelon, the Chief Financial Officer for the Walgreens, got arrested on September 25 for DUI.

If you have been recently hit with a charge of DUI in Burbank, DUI in Pasadena, DUI in Glendale, or DUI in Los Angeles, it may behoove you to learn more about what happened to Miquelon and to explore how Southern California DUI law may impact your potential penalties and defense options.

The charges constituted the 45-year-old’s second DUI within a year. Police charged Miquelon with three different offences:

1. Driving under the influence of alcohol.
2. Driving on a suspended license.
3. Driving with a taillight out.

Of the three charges, obviously the most serious is the DUI – serious not only for Miquelon’s personal life (he could have his license suspended and could have to serve time in jail) but also for his professional life and for the wellbeing of his company. When top executives at major companies commit criminal offences, the market takes notice, and volatility can follow.

Looking more specifically at Miquelon’s case -- and its implications for Los Angeles DUI defense -- what lessons can we draw here? Considering that Miquelon got arrested twice within essentially a single calendar year, perhaps we should review the penalties associated with multiple convictions of DUI in Southern California.

As you might expect, the more times you get convicted for a DUI, the greater your penalties will be. But what are the specifics?

1. First conviction.

The court might impose penalties like: 48 hours mandatory jail time, $1,000 fine along with court costs, formal probation, six weeks in DUI alcohol school, one year California license suspension, mandatory installation of a device in your car that will prevent you from starting it if you have any alcohol on your breath, and other punishments that the court chooses to impose.

2. Second conviction.

A 2nd conviction for a Southern California DUI misdemeanor charge (within 10 years) will lead to increased mandatory jail time (up to 10 days), increased time in DUI alcohol school, a license suspension twice as long (two years), and a spike in your court costs and fines.

3. Third conviction.

If you are arrested 3+ times within 10 years, you become a Los Angeles DUI recidivist (serial offender). A typical misdemeanor charge can be elevated to a felony count. This is a much more serious charge that could result in a longer jail sentence as well as the permanent loss of certain rights. In addition to seeing increases in your alcohol school time, license suspension duration, and court costs and fines, you will also see a major increase in your jail time – from a 10-day minimum for a second DUI to a 120-day minimum for third time DUI.

If you face a charge of Los Angeles DUI, you may need a reputable and careful attorney to develop a case for you.

Continue reading "Chief Financial Officer of Walgreens Slapped with DUI charge – Los Angeles DUI Analysts Look at Implications" »

Corey Dillon, a former running back for the Cincinnati Bengals and the New England Patriots, pled not guilty to charges of driving under the influence in Southern California stemming from an April 21st arrest in Malibu on Mulholland Drive. According to reports, Dillon had been driving with a friend in a red Camaro, when officers noticed the car was driving slowly and awkwardly. They pulled Dillon over and arrested him for driving under the influence in Southern California (Calabasas, to be specific).

Just 10 days following his DUI arrest, Dillon got arrested again on separate charges of domestic violence. Prosecutors ultimately did not file charges against him for this arrest, and his wife subsequently recanted her allegations.

Dillon got arrested for two charges of Los Angeles DUI – but what does that exactly mean, legally speaking? What laws prohibit drivers from consuming alcohol/drugs and getting behind the wheel? The answer may have significant relevance to your case, if you or a loved one has been similarly arrested for DUI in Southern California.

The relevant laws include California Vehicle Code Sections 23152(a) and 23152(b). The first CVC section says that, if police officers stop you while you drive under the influence of either drugs or alcohol, you can be charged with a crime – either a misdemeanor or felony. If convicted, you can face a host of penalties, ranging from jail time to loss of your California driver’s license to serious fines and court costs. (You will also face secondary and tertiary consequences, including the onus of having a criminal record and potentially the loss of the right to vote, if you are convicted of a felony.)

23152(b) defines Southern California DUI as driving with a blood alcohol concentration (BAC) in excess of 0.08%. Violating 22152(b) will net you similar consequences.

If you hurt someone while driving under the influence, you could be charged under two different CVC sections – 23153(a) and 23153(b). An injury Southern California DUI can elevate what would ordinarily be a misdemeanor charge to a felony – a much more serious count.

So, if you or someone you care about has been charged with Southern California DUI (like Corey Dillon), what can you do to build an efficient defense? In almost all cases, you will want to quickly connect with a creditable and a battle-proven Los Angeles DUI attorney.

Continue reading "Ex-NFL Star Enters “Not Guilty” Plea to Southern California DUI" »

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" »

According to California Highway Patrol reports, police made 231 Los Angeles DUI arrests over Memorial Day weekend (6 p.m. Friday the 28th through Monday the 31st). Unfortunately, although DUIs for the region were down from last year – dropping by over 100 (1,296 for 2010 versus 1,406 from 2009), 10 people died in traffic related accidents over the holiday. For the state, numbers of traffic related deaths increased as well – from 12 deaths in 2009 to 31 deaths this year.

The San Diego Union-Tribune reported last Wednesday that 318 motorists got arrested for driving under the influence in Southern California over the holiday, although no DUI related fatalities were reported. The National Highway Traffic Safety Administration supports these anti-Southern California DUI operations through the California Office of Traffic Safety. The Union Tribune reports that similar DUI patrols and sobriety checkpoints will be set up for other summer holidays, such as 4th of July and Labor Day, across the state.

Area residents arrested over the holiday weekend must be wondering what steps to take next.

Here is a brief primer on some laws applicable to Southern California DUI cases.

California Vehicle Code Section 23152(a) says that if you are stopped for driving under the influence in Hollywood, a police officer can arrest you and take you to jail. If convicted, you could lose your California license, be forced to pay fines and court costs (substantial), and be compelled to serve other punishments, such as jail time, probation, and forced alcohol school.

Another closely related section, California Vehicle Code Section 23152(b), stipulates that if you drive with a blood alcohol concentration of greater than 0.08%, you are automatically above the limit for Beverly Hills DUI, and you could face the same consequences outlined in 23152(a).

Closely related sections of the vehicle code govern consequences for drivers who injure people while driving DUI. CVC Section 23153(a) elevates a misdemeanor Los Angeles DUI charge to a felony if a DUI driver injured someone else. CVC Section 23153(b) likewise elevates a misdemeanor to a felony if you are above 0.08% BAC and you hurt someone else while driving.

So how can you or a loved one defend against these charges?

While you are legally entitled to represent yourself, it generally makes sense to retain an experienced lawyer – not just someone who has done a lot of criminal defense work but someone who has worked specifically on Los Angeles DUI cases.

Continue reading "Los Angeles DUI Arrests Down for Memorial Day Weekend 2010" »

In an ironic Los Angeles DUI case, Miguel Santana, a 40-year-old LA city administrator, has been charged with driving under the influence in Southern California following an evening of partying with none another than District Attorney Steve Cooley. Last Monday, Cooley’s office filed Los Angeles DUI charges pursuant to Santana’s March 26th arrest in Covina for driving with a blood alcohol content of 0.15%.

Santana, who wields extensive budget authority for Los Angeles, attended an American Diabetes Association fundraiser at a Marriott Hotel along with DA Cooley on March 26. He left the party in a city-owned car and got stopped and arrested by the CHP (California Highway Patrol) in Covina. Santana made a $5,000 bail and issued a public apology the following morning. In the wake of the arrest, Santana entered an alcohol treatment program, turned into his city car, and took a temporary leave to deal with his legal situation. He went back to work on April 15th. A May 25th arraignment has been scheduled.

According to the DA office’s allegations, Santana had a BAC of 0.15%. What exactly actually does Southern California DUI law say about BAC levels?

Two California Vehicle Code Sections are critical: CVC Section 23152(a) and CVC Section 23152(b). 23152(a) says that a driver stopped while under the influence of alcohol or drugs can face criminal charges -- either a misdemeanor or a felony depending on circumstances. If you get convicted of multiple DUIs within a 10-year period, or if you injure someone during the commission of a Pasadena DUI, for instance, you may face a felony. Punishments can include a loss of California driver’s license, major fines, and mandatory installation of an interlock ignition device in your car.

23152(b) defines driving under the influence in Glendale (or elsewhere in Southern California) “per se” as driving with a BAC of 0.08% or higher. In Santana’s case, his BAC of 0.15% was nearly twice the legal limit – perhaps high enough over the limit for him to face additional charges on top of standard misdemeanor Southern California DUI.

What Can You Do If You or a Loved One Faces Similar Charges?

Legal options abound. But if you don’t take smart and decisive steps to build a strategic defense, you could wind up facing harsh penalties that can follow you for years.

Continue reading "Administrative Officer Charged by DA’s Office with Los Angeles DUI – After Leaving Party Hosted by the DA Himself!" »

More fodder for Los Angeles DUI and celebrity DUI bloggers -- veteran reality TV star and self-described “actress” Megan Hauserman was arrested in Miami for DUI on April 16th at 3:15 AM.

The 28-year-old Hauserman -- a one-time Cyber Girl for Playboy and star of a slate of reality shows, including ‘Rock of Love’ (Parts 1 and 2), ‘I Love Money,’ ‘Beauty and the Geek,’ and her own project, ‘Megan Wants a Millionaire,’ which was cancelled after three episodes after one of the contestants murdered his wife -- was stopped for driving 25 miles per hour over the speed limit on the MacArthur Causeway in Miami.

Megan allegedly failed her breathalyzer test by blowing a 0.102% (Florida’s limit is 0.08% BAC -- the same as the limit for Southern California DUI). Hauserman allegedly was on her way to her job at a strip club (New York Strip Steakhouse and Cabaret), but she told the troopers who pulled her over that she was heading to film a TV show.

Hauserman is no stranger to controversy. While filming a special episode for ‘Charm School,’ she got into a brawl with Sharon Osbourne and had to be physically removed from the set (in her bikini).

Police claim that Hauserman had alcohol on her breath. What other signs do police look for when investigating whether someone is or is not driving under the influence in Pasadena?

Los Angeles DUI signs can include:

o Disheveled appearance
o Inappropriate or non-answers to police questions
o Inconsistent or incoherent story telling
o Odor of alcohol on the breath (as Megan allegedly had)
o Watery eyes
o Fumbling, stumbling, and mumbling
o Lack of balance
o Admission to having had alcohol
o Inconsistent or inappropriate behavior (e.g. going from giddiness to hysterical crying)
o A general slowness and lack of alertness

What should you do if you’ve been hit with a charge of driving under the influence in Pasadena (or elsewhere in Southern California)?

Although you and your family may be stunned by your recent DUI charge, it may behoove you to take a quick and direct action to avoid the worst penalties and consequences. If convicted, you could lose your license, have to serve jail time, be forced to pay fines and court costs, and be compelled to install an interlock ignition device in your vehicle (among other punishments).

Continue reading "Celebrity Los Angeles DUI Alert -- Prolific Reality TV Star, Megan Hauserman, Arrested in Miami for DUI" »

On Wednesday, January 27, Adrian Pasdar, star of NBC's "Heroes" series, was pulled over for driving under the influence in Los Angeles. According to reports, the 44-year-old actor was speeding on the 405 in his Ford F-150 truck at nearly 100 miles per hour -- straddling two lanes of traffic -- when the California Highway Patrol pulled him over at 3 a.m. near Santa Monica Boulevard. After noticing an odor of alcohol coming from his car, the cops gave him a field sobriety test. Pasdar refused a breathalyzer and was remanded to County Jail and held on a $15,000 bond, which he posted at 8:30 AM. His misdemeanor Los Angeles DUI trial has been scheduled for February 24. Pasdar is married to Natalie Maines, one of the lead singers for the Dixie Chicks.

Whether you're pulled over for a Long Beach DUI on the 405 South, or a Burbank DUI on the 101, the California Highway Patrol administers similar kinds of field sobriety tests. What are the typical field sobriety tests (FSTs), and how do they purport to work? Here's a quick primer:

Gaze tests

The Horizontal Gaze Nystagmus test determines pupil coordination. An officer tracks the eye movement of a suspect following an object or a light.

Balancing tests

Common balancing tests include the One Leg Stand test, the Walk the Line test, and the Rhomberg test. With the One Leg Stand test, a driver is asked to stand on one leg. If he or she tips over, this might indicate DUI. The Walk the Line test is perhaps the most famous Southern California DUI field sobriety test. A suspect must walk nine paces back and forth on a straight line (e.g. a highway divider line). If the suspect "falls off," then he or she might be suspected. Finally, the Rhomberg test involves leaning back and counting to 30. Again, tipping over might indicate intoxication.

Coordination tests

The so-called Finger to the Nose test is perhaps the most common. In this exam, a driver closes her eyes and attempts to touch her nose after extending her arms. If the driver cannot "find" her nose, then DUI may be suspected.

Officers will also look for indicators of demeanor and constitution. For instance, let's say police pull over a person on suspicion of driving under the influence in Long Beach on the 405 South. In addition to performing the FSTs, officers will also look for signs like slow speech response, impaired motor skills, disheveled appearance, watery eyes, and general lack of coordination.

If you or someone you love has been stopped and arrested for a Long Beach DUI, you may need serious legal assistance to avoid dramatic punishments. The city does not want for lawyers who are willing to tackle Los Angeles DUI defense work. But take the time to find a lawyer who has talent, experience, and a proven trial track record.

Continue reading "Los Angeles DUI Charge for "Heroes" Actor Adrian Pasdar" »

Last Friday, Corporal Elijah Fergusson (22) was sentenced for Southern California DUI manslaughter for a February 22nd, 2008 car accident that resulted in the death of an area doctor, Dr. Michael Sein.

On the night of the accident, Fergusson, a young marine who had just returned from a tour of duty in Iraq, had been playing drinking games on his marine base. His friends hid his car keys. But then Fergusson got into a phone altercation with his wife, who threatened to leave him. Determined to see her and his young child, the marine allegedly bullied his subordinates into letting him drive a Dodge Cavalier. But he got lost on the way to his house and ended up on McArthur Boulevard, where he slammed into the back of Seins’ vehicle at 74 mph.

Fergusson’s attorneys had argued that the marine got PTSD on his tour of duty in Iraq and that therefore he should be let off with a more lenient sentence. In the end, Judge Ronald Bauer of Superior Court agreed with the Deputy District Attorney’s recommendation of 15 years to life for the DUI manslaughter. (The family of the victim had asked for a 21 year to life term.)

The distinction between Southern California DUI vehicular manslaughter and DUI murder can be subtle. Most non experts assume that charges of vehicular manslaughter, gross vehicular manslaughter while intoxicated, and DUI murder are interchangeable. But in fact they are extremely different. They carry different penalties and require different burdens of proof.

In California, a vehicular manslaughter charge can be filed if a driver causes a traffic accident due to negligence, gross negligence, or the commission of a traffic infraction. Whether or not you were under the influence when the accident happened is immaterial for this charge.

The charge of gross vehicular manslaughter while intoxicated is far more serious -- pursuant to penal code section 191.5(a), the prosecution must prove four points in order for this charge to stick:

1) The suspect was driving under the influence in Southern California with a BAC level of 0.08 percent or more.
2) The driver committed an infraction, misdemeanor, or other act that could lead to death.
3) The infraction, unlawful act or misdemeanor could lead to someone’s death “with gross negligence.”
4) The grossly negligent actions of the driver were the cause of the death of somebody.

DUI murder charges are even more serious. These charges are often called “Watson murders.” If convicted, an individual can face 15 + years to life in jail. Watson murder charges are typically only brought in extreme cases. For instance, if the suspect has numerous DUI convictions and then gets behind the wheel while under the influence and kills someone, he or she might be subjected to a Watson murder charge.

If you or someone you know or love has been charged with vehicular manslaughter, gross vehicular manslaughter while intoxicated, or DUI murder in Southern California, you likely need a solid, well versed attorney to represent you.

Continue reading "Sentencing Issued in Southern California DUI Manslaughter Case" »