January 22, 2012

Was Your Pasadena DUI Arrest a Miracle in Disguise?

You (or perhaps a close friend or a family member) recently got charged with driving under the influence in Pasadena. Perhaps the arrest was a standard misdemeanor, in which case you will likely be hit with charges per California Vehicle Code Section 23152 (a) or 23152 (b). Or maybe you slightly injured someone or caused property damage, in which case you may face more advanced charges per CVC 23153 (a) or 23153 (b). In any case, you are in hot water and desperate straits, even if you have a great Los Angeles DUI attorney. pasadena-dui-wrong-way.jpg


How could things be worse?

That’s not just a rhetorical question. It’s an important question to ask. Indeed, if you’re alive to read these words, things could, indeed, have been worse! As Sir Arthur Conan Doyle’s famous detective, Sherlock Holmes, once observed, it’s important to pay attention to the “dog that didn’t bark.”

In other words, things have gone wrong. You have gotten into trouble. You have been arrested for Pasadena DUI, for instance. You may need a Los Angeles DUI lawyer. But it’s supremely useful to look at the counterfactuals – all the things that could have gone wrong, but didn’t.

Example of Pasadena DUI counterfactual: Seattle woman survives crazy DUI journey (17 miles of wrong-way driving at a 100 miles per hour!)

According to an Associated Press report, a 60-year-old female was stopped on Interstate 5 in Washington after driving 17 miles north in the southbound lanes. Officers said that her speed ranged from 38 miles per hour to 100 miles per hour, and she managed to evade multiple spike strips.

Amazingly, “while several drivers reported near-misses, there were no collisions and no injuries.”

Pamela Drawsby was eventually stopped when officers closed the freeway ahead of her, and troopers found her to be a “calm” woman who “had no idea where she was.” Her blood alcohol tests showed that she was above the 0.08% limit for Seattle DUI (as well as Pasadena DUI). Their early intuition was that the woman had been on some prescription medications in conjunction with the alcohol. In any event, the situation was miraculous. A local truck driver, Rick Ingraham, discussed his close encounter with the wrong way sedan on King TV “[I didn’t even realize the sedan] was on my side of the road until it almost hit me…I almost had a heart attack.”

The story is certainly terrifying, especially when you contemplate all the near misses. But it illustrates a profound fact about Pasadena DUI stops and even accidents: No matter what trouble you are in now or how bad the stop or accident was, odds are that the situation could have been worse, as your Los Angeles DUI lawyer will tell you.

Of course, if you are facing remorse, fear over your possible sentence, uncertainty, and other negative emotions right now, knowing that “it could have been worse” may not make you feel much better. A Los Angeles DUI attorney here at the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899 ) in Pasadena is here to help you. Attorney Michael Kraut is a widely respected, Harvard Law School-educated Pasadena DUI criminal defense attorney who will use his skills as a former prosecutor to help you navigate your best path forward.

Continue reading "Was Your Pasadena DUI Arrest a Miracle in Disguise?" »

January 20, 2012

Could It Happen in Pasadena? Fatal DUI Involving Horse and Truck Nets Man 14-Year Sentence

The number of ways a Pasadena DUI accident could lead to injuries and fatalities is vast. Probably infinite. But there are certain types of accidents that are very unlikely to occur. For instance, DUI snow-cat arrests are zero every year because of Pasadena’s year-round warm weather.dui-truck-accident-pasadena.jpg


What about horses?

Could Pasadena witness a DUI accident or fatality involving horses or other riding animals? The question does have some public interest. Consider that last week, Illinois authorities sentenced a Michigan man to 14 years in jail for killing a female horse rider while driving a truck DUI.

According to an AP report, Angus Lake had been partying one night in April last year at a local Michigan racetrack. Two women at the same party went out to ride their horses. Confused, Lake went to search for them in his truck. Bad idea. He ran into 25-year-old Michelle Eustis on her horse, killing her and seriously hurting the other woman. Prosecutors allege that Lake's BAC was nearly twice the legal limit for Illinois (or Pasadena) DUI of 0.08%.

Injury DUIs in Pasadena are charged according to a special set of laws, California Vehicle Code Sections 23153 (a) and 23153 (b). Technically speaking, as a Los Angeles DUI lawyer will tell you, these CVC codes are distinguished from the “standard” Pasadena DUI CVC codes by just a single digit – 23153 instead of 23152. Don't be fooled. 23152 and 23153 are worlds apart in terms of what they mean for sentencing. For instance, the difference for you could mean a misdemeanor charge and a felony charge (which can radically alter your life in ways that misdemeanors cannot).

Of course, myriad factors go into prosecutorial decisions. How did the injury accident happen? Was the other driver at fault or partially at fault? How were the BAC tests conducted? Were they properly calibrated? Did the officers make any errors of procedure or somehow violate your constitutional rights? The questions are seemingly limitless.

To meet your challenges, therefore, it really helps to connect with an experienced Pasadena DUI defense attorney, such as the Kraut Law Group's Michael Kraut. Attorney Kraut is a Los Angeles DUI lawyer who has worked in the trenches of Southern California DUI Law for nearly two decades. He spent 14+ years as a Deputy DA for the city prior to switching to help criminal defendants in his role with the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899).

Continue reading "Could It Happen in Pasadena? Fatal DUI Involving Horse and Truck Nets Man 14-Year Sentence" »

December 21, 2011

No BS Guide to Avoiding a Pasadena DUI on New Year’s Eve

New Year’s Eve is possibly the most dangerous day of the year for Pasadena DUI accidents and injuries. Revelers intoxicated on champagne (and who knows what else) will no doubt be populating roads like the 5, the 210, and California Boulevard, and threatening their own lives as well as the lives of everyone else out there. 2012-new-years-eve-dui-pasadena.jpg


You obviously want to protect yourself against the possibility of being arrested and charged and ultimately convicted for Pasadena DUI on New Year’s Eve. Not only would such a charge seriously ruin your evening, but your whole outlook on the New Year would be different. Your affirmations for the New Year could go from getting a new company off the ground or finding love to simply avoiding jail time.

A Pasadena DUI arrest or conviction would seriously throw off your 2012 game plans.

So, how can you protect yourself against this? If you Google around and read self-help literature, the answers seem easy enough: find a designated driver, know your limits, and if you do plan on drinking, avoid getting behind the wheel, etc.

Many people who know these rules – and have them branded onto their brains – nevertheless make mistakes at the 11th hour (literally) and still get behind the wheel and drive DUI. Why? Possibly because they do not pre-think their actions and behaviors!

If you are in a sober state of mind, you might say “of course, I would never drive DUI in Pasadena, that would be stupid.” However, if you are out partying with friends, and you want to keep up with the action, and the next party is at a bar just two blocks away… common sense and good judgment can be derailed by the circumstances and surroundings.

To protect yourself, “pre-think” yourself into safety.

What might you say or do that could throw off your plan to drive safely this New Year’s Eve? Why might you be tempted to get behind the wheel after “only having a few drinks”?

You don’t have to spend 20 minutes doing this exercise. Just spend 5 minutes. Just take the time now, before you go out, to review your common triggers – triggers to misbehave, to do things that you regret in the morning, etc. – and make a conscious, specific effort to avoid doing those this year. If you don’t trust yourself, write down these affirmations, and carry them on a little piece of paper or as a cell phone memo – a message from your wiser, more sober self to your more impulsive id-driven self to behave and avoid doing dumb things.

Of course, best intentions aside, mistakes happen. If you need a qualified Pasadena DUI criminal defense attorney, turn to Michael Kraut with the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut is a former prosecutor with 14-plus years of experience as a former Deputy District Attorney. He is Harvard Law School educated. He is well respected as a Pasadena DUI expert by institutions like KTLA, the Los Angeles Times, Fox News, etc.

Continue reading "No BS Guide to Avoiding a Pasadena DUI on New Year’s Eve" »

December 7, 2011

Staggering, Bank Breaking Costs of a Pasadena DUI

How much will your Pasadena DUI cost you, in terms of energy, freedom, and, perhaps most substantially, money?pasadena-dui-costs.jpg


If you face Pasadena DUI charges, this question – and all the branches of thought that it generates – no doubt weighs heavily in your mind. A recent Fox Business news article suggested some very sobering numbers: “(if convicted) you should expect your insurance rates to double. That varies from driver to driver, of course.”

A 24-year-old Seattle woman who got DUI with no priors found that “her insurance quotes spiked radically.” Before the accident, she “saw quotes from $742 to $1,814 a year for basic liability and personal injury protection.” After the misdemeanor DUI – no injuries, no complications, no priors – “her insurance quotes ranged from $1,608 to $2,492.” As long as your DUI remains in your record, you likely have to pay these steeper rates.

So let’s do a little math. Say a 24-year old gets a Pasadena DUI, and her insurance hikes up from $800 a year to $1,600 a year. So she’ll be paying $800 extra a year. Multiply that by three years and that’s $2,400. For some people that’s equal to a year’s worth of car payments.

Also, that’s just the insurance costs, and that’s just for standard “garden-variety” Pasadena DUI charges. That $2,400 figure obviously does not include court costs and fines, the money you have to pay to install a mandatory ignition interlock device in your car, and so on.

Moreover, even those costs likely underestimate the total resource drain. After all, Pasadena DUI defendants often have to take time off of work to go to court -- money lost there -- and they may need to make significant changes to their daily schedule -- even more money lost there. And this is to say nothing of the psychological toll that a DUI conviction can have on someone. A person who suffers depression or other emotional problems as a result of a Pasadena DUI conviction will likely work fewer hours. Likewise, in certain cases, a DUI conviction can mean the end of your job. At the very least, it can seriously degrade your professional reputation and even your reputation with close friends and family members.

So what can you do?

Step one is to get the resources and strategy you need to put up the most stiff resistance to the charges. Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is a highly reputable, experienced law firm. Attorney Michael Kraut served for 14 years as a Deputy District Attorney. Connect with a Pasadena DUI criminal defense attorney today to design and develop your smartest response.

Continue reading "Staggering, Bank Breaking Costs of a Pasadena DUI" »

November 23, 2011

Getting Arrested for DUI in Pasadena: Would It Make You Delighted and Giggly Like a Schoolgirl?

If you got arrested for driving under the influence in Pasadena or elsewhere in the Southland, what would your mug shot look like? excited-to-get-pasadena-dui.jpg

Would you be happy and smiling? Would you be giving "two thumbs up" to the photographer who snapped your Pasadena DUI mug shot?

Probably not.

How, then, can we explain the grinning mugshot of 24-year-old Michelle Watson, a driver busted for DUI last week in Prescott, AZ? During the arrest, she "shoved one police officer and kneed a second in the crotch during a profanity laced battle."

According to reports from TheSmokingGun.com, Watson shouted to a police officer "I don't have to walk f------- anywhere," moments before she was tagged for DUI super extreme, after blowing a BAC more than three times the legal limit. She also faces charges of resisting arrest and aggravated assault.

Nevertheless, when the time came for Ms. Watson to take her mug shot at the local county jail, she "flashed a grin and two big thumbs up" for the cops.

Strange, isn't it?

The first reaction that comes to mind is: she can't REALLY be happy, can she?

After all, who would want to face Pasadena DUI penalties? These range from the mundane but annoying -- loss of driver's license, mandatory interlock ignition device in your vehicle, etc. -- to scary and life-changing -- potentially years in prison, if you committed an injury Pasadena DUI.

Of course, it could be that some Pasadena DUI defendants genuinely enjoy pushing the limits of the law and flouting the system. However, even a cursory analysis -- and a dose of common sense -- suggests that something's going on underneath the surface here.

Lurking under Ms. Watson's gleeful mug shot photo is almost certainly deep pain. Without access to her life story and inner monologue, one can only speculate about what that pain might be. However, even if we can't ascertain her intentions, when you consider that deeper underlying factors might be involved, you can't help but feel more sympathetic and compassionate.

For help planning your Pasadena DUI defense, connect with the team here at the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899 ). Attorney Michael Kraut is an experienced, accomplished Pasadena criminal defense attorney. He is a Harvard Law School educated former prosecutor, who can help you plan a stiff defense.

Continue reading "Getting Arrested for DUI in Pasadena: Would It Make You Delighted and Giggly Like a Schoolgirl?" »

November 15, 2011

Preposterous Pasadena DUI Stories: "Attention DUI Suspect in Kentucky -- Your Car Is on Fire!"

Getting arrested for driving under the influence in Pasadena (or anywhere else) is no laughing matter. However, the things that certain suspects do under pressure can, in retrospect, seem amusing.becca-voss-dui.jpg


Case in point, consider what happened to 20-year old Becca Voss, who was arrested last Thursday morning near Louisville on a relatively standard DUI. According to a local station, WLKY Louisville, Ms. Voss had been driving 16 miles over the speed limit, weaving between lanes – symptoms that would clue officers here in the Southland onto the fact that someone might be driving under the influence in Pasadena.

Indeed, Voss, exhibited classic symptoms associated with Pasadena DUI (or DUI anywhere) including “red, glossy eyes… disorientation” and lack of coordination.

But the way in which her lack of coordination displayed itself is why her story has gotten so much attention. Apparently, Voss “dropped a cigarette in the car’s door, igniting papers in the door” and thus setting her car on fire.

Not exactly the kind of impression you want to make if you want to convince authorities that you are stone sober and not driving under the influence in Pasadena!

Ms. Voss also faced further setbacks when she “failed several field sobriety tests” and failed a blood alcohol test by blowing a BAC of over 0.20% (2.5 times the legal limit for Pasadena DUI).

Can we learn anything from Voss’s cigarette related flub, other than obvious lessons (you probably already knew) such as “try to avoid lighting your car on fire in front of the police, when you are being tested for DUI”?

Perhaps. The biggest lesson here is that DUI events often lead to hard to calculate, cascading situations. Obviously, very few people anticipate getting pulled over and arrested, prior to getting behind the wheel. But even after you do get stopped, “twist and turns” in your story can be fast and furious, and they can throw you off your game.

They can also induce needless stress and potentially significantly complicate your case. For instance, say you get into an accident and cause an injury Pasadena DUI. You might be tempted to immediately flee the scene or do something else stupid. Once you make that bad decision, you may make another bad decision, such as speeding away from the police or driving through a red light. Each one of these bad decisions further complicates your legal situation and makes the job of your Pasadena DUI criminal defense attorney that much harder.

Fortunately, no matter what happened, there is always room for clarity, strategy, and clear thinking. The Kraut Law Group can help (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Michael Kraut is an extremely experienced compassionate and successful Pasadena DUI lawyer. Not only is he Harvard law school educated, but he also worked for nearly a decade and half as a prosecutor, so he knows exactly how prosecution will likely come after you.

Continue reading "Preposterous Pasadena DUI Stories: "Attention DUI Suspect in Kentucky -- Your Car Is on Fire!"" »

October 17, 2011

Pasadena DUI Homicide? Not Quite. No One Died. But Could Have Been a Lot Worse – KY Representative Arrested for Driving DUI… while Carrying Loaded 38-Caliber Gun!

Fortunately, cases of Pasadena DUI vehicular homicide are relatively rare.curry-todd-dui.jpg


But you might be surprised by the number of “near misses” that occur on Pasadena’s streets and freeways every day. Even drivers who use "best practices" – who never drive while under the influence of drugs or alcohol, drive while fatigued, drive while distracted by a cell phone, etc. -- can easily get into trouble. After all:

A) Life is uncertain on a fundamental level.

B) Driving in Southern California is anything but a cakewalk, as regular commuters on the 405, 5, 101, etc will tell you.

Driving with a blood alcohol concentration of 0.08% or greater (in violation of Pasadena DUI laws) is obviously reckless. But you could do worse. Specifically, you could drive DUI while carrying a loaded 38-caliber gun.

Who might do such a thing? Apparently, a state representative in Kentucky!

According to a Fox News report, representative Curry Todd, a Republican from Collierville, was arrested last Tuesday for “possession of a handgun while under the influence and drunken driving.” To make matters worse, Representative Todd actually sponsored a law that “made it legal to carry a gun into bars in Tennessee.” Police found a loaded 38-caliber gun between the driver's seat and the center console. And an affidavit stated that the representative was “unsteady on his feet,” “almost falling down at times” and that Todd was clearly “very impaired and not in any condition to be carrying a loaded handgun.”

The Representative made a bail of $3,000 and issued a statement last Wednesday, perfunctorily apologizing for the arrest. One of Todd’s colleagues in the Tennessee House, Majority Leader Gerald McCormick, told the press that he was “praying for [Todd]” but that the arrest nevertheless does not change his views on the whole “should it be legal to carry guns into bars or not” question. McCormick told Fox “it is a bad idea to drink and carry your gun, obviously… I don’t know the details of what happened with Rep. Todd last night, but I think he would agree with me.”

Todd is no stranger to outrageousness. In 2010, Todd drew bitter condemnation from liberal groups and immigration rights groups when he told a Committee Hearing that illegal immigrants are a threat to “go out there like rats and multiply.”

Whether and how the arrest might impact Todd’s political career – or his ability to carry a gun or drive a car for that matter – remains to be seen. But the arrest holds key object lessons for individuals recently charged with the crimes like driving under influence in Pasadena.

1. Pasadena DUI Stories are More “Newsworthy” If Reporters Can “Sniff Hypocrisy.”

Part of what’s made this story of Representative Todd’s arrest so “viral” is the fact that he personally sponsored a law allowing gun owners to bring guns into bars.

2. Everyone Makes Mistakes.

Representative Todd served many years as a police officer before entering government, so he clearly knew the consequences and perils of driving under the influence. Yet he made a mistake. This illustrates that anyone can make bad decisions.

3. The Past is Past: You Can Only Control What You Do from Here on Out.

As any reputable Pasadena DUI criminal defense lawyer attorney will tell you, you can’t change what happened in the past – you can only learn from what happened and make smarter, savvy, strategic decisions to protect your freedom, make reparations to anyone you’ve harmed, and ensure that you get the help you need.

Attorney Michael Kraut of Pasadena’s Kraut Law Group can help you understand your rights and needs. Attorney Kraut is a former city prosecutor with a 99% success rate at jury trials and a Harvard Law School education.

Continue reading "Pasadena DUI Homicide? Not Quite. No One Died. But Could Have Been a Lot Worse – KY Representative Arrested for Driving DUI… while Carrying Loaded 38-Caliber Gun!" »

October 12, 2011

Pasadena DUI Charge or Charge of Killing the King of Pop: Which Would You Rather Face?

Obviously, anyone charged with a serious crime like driving under the influence in Pasadena needs to take proactive, responsible, strategic action. The consequences of a less than stellar Pasadena DUI defense could mean anything from extensive and unnecessary jail time to catastrophic destruction of your personal and professional reputation.michael-jackson-propofol-doctor-trial.jpg


But in the grand scheme of things, you can at least be thankful that you are not sitting in the hot seat currently occupied by the late Michael Jackson’s erstwhile physician, Dr. Conrad Murray. Last week, Jacko’s personal physician squared off against prosecutors at Los Angeles County Superior Court (Judge Michael Pastor presiding). Drama started the day before opening statements, when the judge two made pivotal rulings – one that Murray’s attorneys no doubt cheered and one that they jeered.

Defense Attorneys Cheered (Probably):

Prosecutors will not be allowed to tell jurors that investigators contacted Murray four times to re-interview him. According to a Los Angeles Times report: “The physician and his lawyer met with police for a lengthy interview two days after Jackson died, but an e-mail and phone calls to the attorney and Murray’s office were not returned.”

Defense Attorneys Jeered (Probably):

Jurors will not get to see a video of Michael Jackson’s last ever news conference. Murray’s lawyers wanted to include the footage, which allegedly “showed Jackson “under the influence” in public three months before his death and…established that the singer had agreed to a comeback concert series of just 10 “This Is It” shows and not the 50 ultimately scheduled.”

The 58-year-old Murray faces up to four years in jail as well as the loss of his license to practice medicine if the jury convicts him of involuntary manslaughter.

Prosecutors are trying to build a case that Murray gave Jackson propofol, an anesthetic used in surgery, to help the pop star sleep – a clear and scary violation of physician norms. Murray’s camp, however, contends that the King of Pop dosed himself to death.

Jacko’s doctors legal woes notwithstanding, if you face Pasadena DUI charges, your mind is likely completely consumed with your potential punishments and possible opportunities to fight back. What strategies should you adopt? What Pasadena DUI criminal attorney can you trust to protect your rights and ensure that you get the best possible outcome?

These are important questions to think about. Attorney Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) would be happy to speak with you about what you might be able to do to improve your legal situation. Not only does Attorney Kraut have a Harvard Law School education, a great record at jury trials, and experience as a former prosecutor (14+ years as a Deputy DA for Los Angeles) but he’s also been featured as a legal expert for Legal Broadcast Network, U.S. Weekly, The Los Angeles Times, and KTLA Channel 5.

Continue reading "Pasadena DUI Charge or Charge of Killing the King of Pop: Which Would You Rather Face?" »

August 12, 2011

Pasadena DUI Arrest and Political Drama: PA Representative Joe Brennan Arrested with a BAC of 0.30%!

The law says, quite clearly, that driving under the influence in Pasadena is illegal. If you are caught breaking the law, you can face an unpalatable gamut of punishments, including jail time, fines, fees, a damaged reputation, suspended license, mandatory interlock ignition device installation in your car, and so on and so on. Yikes.joe-brennan-DUI.jpg


The point is: the law is crystal clear. As it is elsewhere in the United States.

Nevertheless, even lawmakers themselves time-to-time violate it!

Here's a case in point. Way out in Bethlehem, Pennsylvania, PA State Rep Joe Brennan got arrested for driving with a BAC of 0.30% – nearly four times the legal limit for Pasadena DUI, according to California Vehicle Code Section 23152. Last Tuesday, the Democrat abandoned his right to a preliminary hearing, and his stunningly high BAC was made public.

Due to the extremely high BAC, Brennan faces steeper charges that could net him fines of up to $5,000, a full year license suspension, and up to half a year in jail. This judge called the Rep’s BAC “alarming.”

The 47-year-old got arrested back in late June. According to court reports, he had been weaving all over the road. His driving was so horrific that another driver, Angel Hernandez, called 911 to report him. Eventually, he pulled into a parking space, hopped out of his car and promptly fell and hit his head really badly. Another driver, Angela Cartwright, saw Brennan fall. Bystanders helped him up… and he hopped into his car and drove away.

Later, police reported that Brennan “had a strong odor of alcohol on his breath.” He also had slurred speech and bloodshot eyes. These are all common symptoms of Pasadena DUI. (Other common symptoms include loss of coordination, inability to answer police questions coherently, conflicting stories, aggressive or odd behavior, inability to complete field sobriety tests, and failure to pass a breathalyzer test.)

A competent Pasadena criminal defense attorney, such as Mr. Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can help you identify and address the problems you face, so you can begin to constructively deal with them – and avoid causing yourself new problems.

If you did get pulled over with a very high Pasadena DUI BAC -- or you destroyed property, committed a hit and run, or even hurt another person while under the influence -- now is the time to make resourceful, appropriate, sensible decisions. Connect with Mr. Kraut (a former city prosecutor) to discuss your concerns and a better way forward.

Continue reading "Pasadena DUI Arrest and Political Drama: PA Representative Joe Brennan Arrested with a BAC of 0.30%!" »

July 27, 2011

Pasadena DUI Arrest Propensity: Does It Run the Family??

If you or someone you know has been recently arrested for driving under the influence in Pasadena, inevitably, when you discuss your situation, you and your fellow armchair pundits will bring up the concept of “genetics.” gardner-dui.jpg


How might your genes (or your friend or family member’s genes) have played a role in the accident and/or arrest? Might there one day be a gene that scientists can target to eliminate problems like DUI in Pasadena, Burbank DUI, Glendale DUI, and Los Angeles DUI?

There is obviously some link between alcoholism and genetics. But how sturdy a link? No one really knows.

A crazy story last week out of Idaho Falls, Idaho suggests that genes may have a lot more relevance than the policy community acknowledges. 51-year Diana Gardner and her daughter, 28-year old Alisha Gardner, got arrested for DUI in Idaho Falls in totally separate incidents within a single hour of one another! Amazing.

A blog post at gather.com can fill us in on the details. Allegedly, a sheriff’s officer had seen the younger daughter "swerving and crossing the central line, posing an extreme threat to other drivers in the area. Her blood alcohol level was measured to be twice the legal limit. Within that same hour of time, [Alisha’s mom] drove out to her daughter’s car in order to retrieve the dog. When she arrived, the same officer smelled alcohol on her and had her go through a test as well. Diana Gardner’s blood alcohol level came back at twice the legal limit as well, netting her a jail cell right along with her daughter."

At first blush, you might immediately leap to judgment: something is clearly wrong with both the mother and the daughter! Maybe they both have a genetic propensity to alcoholism, you might muse. Or maybe they both have genetic propensity to make poor driving decisions. Who knows.

But a deeper and more subtle (and interesting) reading of the story could be as follows. We all know that biochemistry can impact your Pasadena DUI breath test. Some people, for instance, process alcohol differently than others. It’s been proven that men process alcohol differently than women do. And that diabetics underperform on breath tests.

So maybe -- just maybe -- both Gardners have a genetic propensity to perform poorly on breath tests. In other words, maybe these women are genetically predisposed to process alcohol in a way that makes “false positives” for DUI more likely. Now, since these women were both allegedly twice the legal limit for Idaho Falls DUI, this hypothetical is probably moot.

But say they both tested right at the cutoff line for DUI – 0.08% BAC for a Pasadena DUI. Then more subtle factors, like a genetic predisposition to “test badly” on breathalyzers, might come into more play.

The general point here is that, when it comes to DUI charges, there is often more than meets the eye. But to probe your case and tease out “out of the box” defenses, you want to be sure to work with a Los Angeles criminal defense attorney who has plenty of experience, a great reputation, and a deep understanding of the applicable law. Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can guide you and help you build a strong case.

Continue reading "Pasadena DUI Arrest Propensity: Does It Run the Family??" »

July 19, 2011

Pasadena DUI Sports News: DUI Charge Dropped against University of Montana’s QB, Montana

What if you could just click your heels three times and make your Pasadena DUI charge disappear, like something out of the Wizard of Oz? That’s obviously impossible, even for the most adept Los Angeles criminal defense attorney. But you may have more resources to battle charges of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI than you realize.pasadena-dui-montana.jpg


Situations that at first seem dire can often be resolved successfully through negotiation, strategic planning, and well-directed effort. Consider, for instance, the case of Nate Montana, a quarterback for the University of Montana and the oldest son of Hall of Famer Joe Montana (try saying "Montana" three times fast). On June 3rd, the younger Montana got pulled over and arrested under suspicion of DUI. He refused a breathalyzer test but performed relatively well on field sobriety tests. Ultimately, the Missoula County Attorney’s Office decided that Montana’s performance on the FSTs did not merit a DUI charge. Montana worked out a plea deal. He agreed to pay $435 in court costs and fines, participate in a chemical dependency program, and accept a six month license suspension (because he refused the breath test). In exchange, the court suspended a 90-day jail sentence for the Grizzlies' QB.

This was not Montana’s first brush with the law – or with charges of intoxication. Last year, while playing for Notre Dame, he and 10 other Fighting Irish athletes were busted for underage drinking and charged with misdemeanors.

If you’ve been recently hit with a charge of driving under the influence in Pasadena, you might be wondering how this “football royalty's” experience relates to yours in a constructive way. It does, obliquely. Nate Montana’s experience illustrates that DUI defendants – even ones who perform inadequately on Pasadena field sobriety tests (e.g. figure to the nose, Rhomberg, walk the line, counting backwards by threes, etcetera) can rebound surprisingly quickly from their charges and from the humiliation, frustration, and agitation.

The first step is getting the best help you can and identifying a clear path toward success. Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you outline, sketch out, and move forward with an appropriate strategy based on your needs, concerns, and principles. Mr. Kraut is a renowned former prosecutor who often appears on television (and in major newspapers) as an expert guest commentator on DUI news issues.

Continue reading "Pasadena DUI Sports News: DUI Charge Dropped against University of Montana’s QB, Montana" »

July 1, 2011

Pasadena DUI Curio: Idaho State Senator Busted in Bizarre Truck Theft and DUI Case

Last Monday afternoon, while most Pasadena DUI blogs (and, let’s face it, the entire news media) had attention turned towards the fatal catastrophe in Pennsylvania that took the life of Jackass co-star Ryan Dunn, Idaho Senate Caucus Chairman John McGee quietly bailed himself out of jail on a $5,000 bond, following a brief 10 minute hearing. The Republican Chairman of the Canyon County’s GOP was involved Saturday night in a truly bizarre disaster that surpassed any of the weird arrest and news stories involving Los Angeles DUI, Burbank DUI, Pasadena DUI, and Glendale DUI last week.idaho-state-senator-john-mcgee.jpg


Let’s lift the lid on this curio and discuss its broader implications.

According to the Idaho statesman, “The 38-year-old Caldwell Republican was arrested early Sunday morning on a charge of felony truck theft and misdemeanor DUI, after police found him in the backseat of an SUV – towing a 20-foot trailer – that witnesses say he initially tried to drive off in.”

McGee apparently blew a 0.15 BAC level – nearly twice the Pasadena DUI limit of 0.08% -- after drinking and partying at a golf course club house in Boise.

Around about 3 A.M., he hopped into a Ford Excursion and drove away… but then jackknifed the 20 foot rig before getting too far. Two teenagers watched the bizarre accident scene unfold, and the mother of the boys noted that “McGee appeared to be disoriented and hallucinating.” The Idaho Statesman also noted that the Senator's attorney “might argue that a medical issue was at play.” A hearing has been set for the 1st of July, and many Idaho state political figures are keenly watching the outcome here, as it might have strong bearing on future elections.

One thing that’s striking about this story is that McGee was not exhibiting typical Pasadena DUI symptoms. Normally, someone under the influence might behave recklessly, incoherently, smell like alcohol, or blow a high BAC reading on a breathalyzer test. But if McGee indeed had been hallucinating -- and if he did in fact have an underlying medical condition -- these factors might influence the nature and quality of his defense. Obviously, it’s illegal to drive with a BAC level of greater than 0.08% in Idaho, just as it is here in Pasadena. But your Los Angeles criminal defense attorney will probe the details of your arrest for facts just like these to help construct a sympathetic and smart defense. After all, your punishments (and potential counterarguments to prosecutorial charges) depend intimately on a clean and vivid accounting of the true facts of the DUI stop and any subsequent acts that you or police officers took.

Pasadena’s Michael Kraut (Kraut Law Group located at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the track record and success at jury trials, knowledge of prosecutorial tactics and strategies, and diverse experience you need to identify your most strategic path to success. This may not mean getting all of your charged dropped, but it will mean feeling less overwhelmed, anxious, and confused. And more confident about exactly what you need to do to restore your life and make amends for any wrongdoing you committed.

Continue reading "Pasadena DUI Curio: Idaho State Senator Busted in Bizarre Truck Theft and DUI Case" »

June 8, 2011

Pasadena Breath Test Implications: Will Tainted Santa Clara County Breathalyzer Tests Ultimately Impact Southern California Cases?

If you have recently been arrested and charged with driving under the influence in Pasadena or elsewhere in Southern California (e.g. DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles) chances are you've tuned into some very curious news out of Santa Clara County, California. Over 850 DUI cases up are being reviewed, after evidence emerged that the Alco-Sensor V breathalyzers used throughout Palo Alto and San Jose may have been significantly defective. As this blog reported a few weeks ago, the Alco-Sensor V breathalyzers have a manufacturer’s defect that causes condensation buildup and skews BAC readings.Breathalyzer-pasadena-dui.jpg


The defective breathalyzers may have led to false arrests and convictions.

All that said, so far the Santa Clara County Public Defender’s Office has not identified too many problematic cases. Out of 858 files that theoretically could have been disputed, so far, only 42 questionable cases have so far surfaced. An Assistant Public Defender, Nona Klippen-Hughes, admitted “I don’t think there is going to be a huge number of cases.” Part of the problem is that the average BAC level for arrest was 0.19% – significantly over the legal limit – and many suspects who used the Alco-Sensor V device also blew DUI positive breath results at the police station after being taking into custody.

So the revelation about the faulty machines may not be as “newsworthy” as initial reports suggested…unless, that is, you consider the story in context. Then, it gets a LOT more interesting. For instance, Vermont and Florida have witnessed serious breathalyzer-related problems that may result in a wholesale throwing out of some pretty big charges.

These breathalyzer-related mishaps are disturbing. Especially because it can be easily demonstrated that breath tests skew in a variety of ways. As this blog has noted time and again, if you blow deeply into a breathalyzer machine, you get a higher BAC reading than if you blow lightly. Men and women process alcohol differently. Chemicals on your breath alter these tests. Calibration and officer errors mess them up. And, obviously, manufacturing defects can also do the job.

A Los Angeles criminal defense attorney can unpack the evidence against you and develop a battle plan to fight the charges. For instance, say you blew an over-the-limit BAC level reading on a breathalyzer. Attorney Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) could potentially challenge the results on a number of grounds. Attorney Kraut served as a prosecutor for nearly 15 years. He still uses his connections, insights, prosecutorial mindset, and perspective to help clients get the results that they want and deserve.

Continue reading "Pasadena Breath Test Implications: Will Tainted Santa Clara County Breathalyzer Tests Ultimately Impact Southern California Cases?" »

June 1, 2011

Pasadena DUI Breathalyzer Machines: Could They Be Next on the Chopping Block?

Attorneys and pundits who follow news about Pasadena DUI (and DUI throughout the country) are keeping a keen eye on Sarasota County, Florida, where an otherwise boring and workaday DUI trial may have profound implications for the use of DUI breath tests in Florida – and perhaps, indirectly, Southern California (e.g. Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI).Intoxilyzer-8000.jpg


At issue is whether the Intoxilyzer 8000, a breath test machine that Florida troopers use exclusively, generates scientifically sound results.

According to an article in the Herald Tribune, “A five-year legal dispute over the machine has left prosecutors in Sarasota and Manatee counties unable to use Intoxilyzer 8000 test results to trial without bringing experts to prove the machine is scientifically sound… if prosecutors prevail, the hearing could save one of the most powerful pieces of evidence in DUI trials… but if not, prosecutors may not be able to use alcohol breath test in DUI trials, making it harder to prove cases or get DUI pleads.”

As this blog has reported, the Intoxilyzer 8000 is not the only breath test machine under fire recently. Both Southern California DUI breathalyzers and Vermont breathalyzers have come under heavy fire this year.

The Sarasota case has some very interesting details. The defendant, Felicia Bridwell, is a 25-year-old who was stopped last August. She admitted to having consumed two glasses of wine – “one at dinner and one at home” and performed her field sobriety tests adequately. But her Intoxilyzer results measured her BAC at 0.10% – greater than the 0.08% that marks the cut-off for Southern Florida and Southern California DUI. Her reaction was astonished and nonplussed: “Are you serious? Are you serious? I didn’t pass the test?”

Now, of course, just because certain breathalyzer tests are faulty doesn’t mean that no one drives DUI. It just means that the tests may be far more flawed than most people realize. Depending on whether you have certain diseases or conditions; whether you blow hard or soft into the machine; whether the machine is properly calibrated; and probably dozens of other factors, your reading may be higher or lower than your actual, real world BAC level.

Who knows how this campaign to demand accountability from our breathalyzer machines will end? Clearly, we need two things:

1. A way for authorities to better analyze BAC readings, so drivers get treated more fairly.
2. Creative, sensible solutions to eliminate or at least limit bad and dangerous driving behaviors.

These two aims may not be exclusive.

On the practical side, a Los Angeles criminal defense attorney, such as Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can give you clearheaded, strategically sound advice about how to build your Pasadena DUI defense. Mr. Kraut has the experience, track record, reputation, and compassion to meet your needs.

Continue reading "Pasadena DUI Breathalyzer Machines: Could They Be Next on the Chopping Block?" »

May 23, 2011

Pasadena DUI Implications of Vermont DUI Breath Test Failures?

Those who cover Pasadena DUI stories often set their sites on parochial stories – that is, police blotter news items about things like Glendale DUI, Burbank DUI, Los Angeles DUI, and Pasadena DUI. But it’s often helpful to analyze national news as well to get perspective on how the goings on in other states might have bearing on the politics, science, and legal philosophy of Southern California DUI defense.

Regular readers will remember that we have been closely following reports a few months ago on the revelation that many San Fernando DUI breathalyzer tests used from January to March this year had been compromised by technology flaws. Well… it turns out that Southern California DUI breathalyzer tests are not the only broken breath tests out there this year.breathalyzer-los-angeles.jpg


Check out this breaking news out of Montpelier, Vermont of all places (quote comes from the AP): “A mistake in the software setup on a breath analysis machine and whistle-blowers’ complaints about unethical lab work threaten dozens of drunken-driving prosecutions in Vermont. At issue are breath tests performed by a DataMaster DMT machine at a Vermont State Police barracks that authorities say was not set up properly. Amid a broadening inquiry by two defense attorneys, dozens of criminal convictions could be reopened and a handful of civil license suspensions are being overturned.”

The AP article also mentions that literally hundreds of DUI cases may be reopened and reevaluated because of other Vermont Department of Health machine maintenance problems.

Despite the snafu out of Vermont and the problems that we reported about here in Southern California, it’s unlikely that police officers and the public will seriously reconsider the efficacy of breath tests.

This is, in a word, frustrating. No matter how often blogs like this report on the potential technical glitches, human errors, and other problems that can distort readings and cause false positives (such as ketones on the breath, the fact that men and women process ethanol alcohol differently, the fact that the depth of the breath that you blow into the machine can alter BAC results, etc.), we still collectively give breath tests way too much "trust."

An experienced Los Angeles criminal defense attorney can review the breath test that officers conducted on you and determine if and how to challenge those results. Michael Kraut (of Pasadena’s Kraut Law Group - 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the facility and familiarity with DUI law you need. Mr. Kraut served for nearly 15 years as a prosecutor for the city prior to representing defendants of DUI crimes. He has a great track record at jury trials, and he has won the respect of peers in the legal community.

Continue reading "Pasadena DUI Implications of Vermont DUI Breath Test Failures?" »

May 16, 2011

Pasadena DUI Sports News: Ravens’ Sergio Kindle Pleads Guilty to DUI Charge, Gets Probation

Driving under the influence in Pasadena with a blood alcohol concentration of 0.17% – more than twice the legal limit – is very likely to get you into trouble. Sergio-Kindle-DUI.jpg


If you doubt this notion, just talk to Ravens’ rookie linebacker Sergio Kindle. The 23-year pled guilty last Tuesday in a case stemming from a December 2010 arrest. Police pulled Kindle over the day after Christmas on Interstate 95 and later tested him at a county detention center to discover that he had a BAC of a whopping 0.17%. That's easily enough to constitute DUI in Pasadena, Glendale DUI, Burbank DUI, or Los Angeles DUI.

According to a Washington Post blog report on Kindle’s guilty plea, the linebacker will get two years of unsupervised probation and mandatory treatment and self-help meetings. If he violates the terms of the probation, Kindle could face nearly a full year behind bars. If the judges in Maryland take DUI probation violations as seriously as the judges do here in Los Angeles (ask Lindsay Lohan!), Kindle has plenty of motivation to reel in his behavior. The judge in this case allowed the probation because Kindle demonstrated “positive steps” during his rehabilitation. He spent five days in a facility in Owings Mills to get treatment for alcohol abuse, for instance.

Kindle also issued a statement of contrition during the hearing: “I am very remorseful for my actions. I am held to a higher standard and people look up to me. I see that it’s a problem and I am here to get it treated. I want to continue to address this as long as need be.”

When someone gets pulled over for DUI in Pasadena, the police will often subject them to tests known as Field Sobriety Tests, or FSTs. These involve observations, analyses, and physical and mental challenges to help the officers ascertain whether or not you are under the influence.

One of the first tests is something called a horizontal gaze nystagmus test. A police officer will test the motion of your pupils by flashing a flashlight in your face, for instance. Delayed pupil response may indicate that you are DUI. Other tests could involve balancing on one leg, tilting your head backwards, pacing back and forth across a white line, and even extending your arms in both directions, then closing your eyes and then trying to touch your nose with the tips of your fingers. Police may ask you to recite the alphabet backwards or count backwards. And your results in the tests may be combined with other kinds of assessments – if you are visibly intoxicated, stumbling, uncoordinated, smell like alcohol or admit to having consumed alcohol, the police will be more suspicious that you are actually DUI.

A Los Angeles Criminal Defense Attorney – such as Michael Kraut of Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you respond in a smart and proactive way to the charges against you to help you save your license, potentially avoid jail time, and regain a modicum of relaxed control of your life.

Continue reading "Pasadena DUI Sports News: Ravens’ Sergio Kindle Pleads Guilty to DUI Charge, Gets Probation" »

April 25, 2011

Burbank DUI Breathalyzer Disaster – Alco-Sensor V Breathalyzers Found to Be “Erratic” – Hundreds of Cases Could Be Affected

Last week saw some major breaking Burbank DUI news – the Ventura County District Attorney’s Office released memos showing that Intoximeter's Alcohol Sensor V breathalyzer tests -- used in the field between January 20 and March 31st this year -- have demonstrated “erratic results.” The upshot is that many people arrested for crimes like Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI over past three months might have been victimized.breath-test-LA-DUI.jpg


According to reports, an officer in the field discovered the defect in the new breathalyzers. He reported the problem, and the police quickly pulled the machines from the field (128 devices total – each one worth approximately $4,800!).

Further testing revealed that chilling the machines skewed their readings. Officers get four hours of training on breathalyzers before they use them in the field. Intoximeters Incorporated (a St. Louis Company) allegedly put the devices through pretty vigorous beta testing. But despite these precautions, serious design flaws persisted. Tragically, the flaws may have lead to the unjust arrests and convictions of many people in 2011.

As this Burbank DUI blog often points out, the legal limit (stipulated by California Vehicle Code Section 23152(b)) for driving under the influence in CA is 0.08% BAC. This means, in other words, if you blew into an Alco-Sensor V machine and got a reading of, say, 0.10% BAC, you might have been arrested for a crime you didn’t actually commit.

An experienced Los Angeles Criminal Defense Attorney, such as Michael Kraut of the Kraut Law Group (offices in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), would point out that breathalyzers in general have far more flaws than the public typically knows about.

Men and women, for instance, process alcohol differently. Diabetics and dieters often produce chemical compounds known as ketones on their breath which can generate “false positives” on BAC tests. The devices may be poorly calibrated or misinterpreted. The devices may also malfunction under certain pressure and temperature conditions –witness what happened here with the Alco-Sensor V debacle.

This breathalyzer disaster also drives home how important it is for defendants to work with high-quality attorneys. When you are charged with a DUI, not only can lose your license, but you can also be slapped with penalties such as fines, court costs, jail time, mandatory probation, mandatory IID installation, and alcohol school. You may also face negative repercussions for your career and reputation.

Attorney Michael Kraut of Los Angeles’ Kraut Law Group can speak with you about how and why you got pulled over for Ventura County DUI and explain your rights, responsibilities, and “best path” forward, so you feel more comfortable and secure about the direction of your defense.

Continue reading "Burbank DUI Breathalyzer Disaster – Alco-Sensor V Breathalyzers Found to Be “Erratic” – Hundreds of Cases Could Be Affected" »

April 13, 2011

Pasadena DUI Debacle: Montana Judge Who Oversees DUI Court Charged with Driving Under the Influence of Drugs

If you're caught driving under the influence of alcohol or drugs in Pasadena, and you're a normal citizen (or a sports star or celebrity), chances are, you will receive your fair share of censure from friends, family, and even the public at large. judge-dui.jpg


But if you're a judge whose job it is to oversee a DUI court, prepare to be roasted. Judges and lawyers who specialize in DUI in Pasadena, DUI in Glendale, DUI in Burbank, and Los Angeles DUI are (and should be) held to a higher general standard of behavior. Unfortunately, as we will see in this blog post and a related post later this week, even people like judges and attorneys can make grievous driving errors that can have profound consequences for their careers.

To wit, let’s turn our attention to the story of Robert E. Lee (his real name), a justice of the peace in Butte, Montana. He was arrested in November 2010 for driving under the influence of drugs. An AP article last Friday recapitulated the justice’s strange November day.

On November 13th, Lee drove to the Butte Silver Bow County Courthouse and asked officers to let him in because he needed to perform duties at a wedding. According to testimony, “Lee appeared confused and under the influence of alcohol or drugs.” Lee had parked his vehicle in a handicapped zone behind the Courthouse, and investigators found his credit cards and driver’s license scattered on the ground. Suspicious, police asked the judge to perform a field sobriety test, which he failed. The judge later was asked to take a blood test; this test revealed the presence of methadone, and opioid medication designed for anti-anxiety purposes. Officers later found an empty bottle of methadone at the judge’s house – according to the AP: “the 60 tablet prescription had been filled 9 days earlier.”

If you're arrested for drug related DUI in Pasadena (or elsewhere in Southern California), you can face serious consequences, including prison time, license suspension, strict probation terms, massive fees and fines, and a general degradation of your professional reputation – particularly if you're a DUI Judge. Since Lee’s charge was a misdemeanor, he should be able to remain on the bench – though it’s not clear whether he will continue to be allowed to set up the DUI court.

Do you or someone you care about need assistance from a Los Angeles criminal defense attorney to battle charges of Pasadena DUI? If so, consider connecting with former Deputy District Attorney Michael Kraut of the Kraut Law Group (located conveniently in Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut can give you the guidance and compassion you need to make headway against your charges. He has a fantastic record at jury trials, a deep understanding of LA DUI law in both theory and practice, and a reputation for getting results for his clients even in extremely difficult circumstances.

Continue reading "Pasadena DUI Debacle: Montana Judge Who Oversees DUI Court Charged with Driving Under the Influence of Drugs" »

February 28, 2011

Pasadena DUI Gossip: Juicy DUI Stories from Last Week

Let’s face it: Most Pasadena DUI stops involve work-a-day misdemeanors – generally well-meaning folks who make errors in judgment or take undue risks. But sometimes, stories about DUI in Burbank, DUI in Pasadena, DUI in Los Angeles, and Glendale DUI take turns for the bizarre, spectacular, or simply queer. In this blog post, we will take a look at two standout DUI stories from last week and explore resources to help defendants develop better road habits and equip themselves with a proper legal defense.ice-cream-truck-dui-los-angeles.jpg


Story Number 1: Beware the Ice-Cream Man

We all know that kids love the ice cream truck and parents fear it because ice-cream contains gobs of sugar, which has long been associated with obesity, diabetes, and a host of other health problems. But a Tampa Bay ice-cream truck proved unusually dangerous last week for a totally different reason. On Monday afternoon, the police pulled over a Sub-Zero ice-cream truck in Tampa Bay driven by 49-year-old Ronald Purdy, after Purdy nearly plowed into a child awaiting his tasty treats. Deputies who arrived at the scene tested Purdy to have a blood alcohol constitution of 0.227% and found two open bottles of whisky in his truck. Yikes.

Story Number 2: Real housewives get in real big trouble

Star Magazine reports that Marysol Patton, a 44-year-old star of the Real Housewives of Miami, was arrested in January 2010 for DUI in Miami Beach. Patton’s mother, Elsa, also got arrested in 2010 for DUI (October). The 76-year-old pled not guilty and got her charge dismissed, when the officer who pulled over failed to show up. Meanwhile, Marysol and her mom had even more company – Philippe Pautesta, Marysol’s boyfriend, also got charged with DUI last year and drove away from the scene of an accident.

The ice-cream truck story and the story about the Real Housewives' DUI mess suggests that many people might still be confused about what exactly constitutes the crime of driving under the influence. If you have one drink, does that make you too intoxicated to drive? What about two? Three? Clearly, four would…right? The answer has less to do with the number of drinks you have than your degree of impairment and your blood alcohol concentration.

California Vehicle Code Sections 23152 (a) and 23152 (b) define the crime of driving under the influence in Pasadena (and elsewhere in California) and spell out the penalties that offenders will face. If you are too impaired by drugs or alcohol to drive, you violate 23152 (a). If your blood alcohol concentration is greater than 0.08%, you violate 23152 (b). Do note that ice-cream truck driver Ronald Purdy allegedly had a BAC of more than 0.22% – nearly three times the CA limit.

Discussing your DUI case with an experienced Los Angeles criminal defense attorney is a smart and probably necessary first step for you, if you face charges. Get in touch with the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) to set up a free case evaluation to build your Pasadena DUI defense. Mr. Michael Kraut has a fantastic record at jury trails – a 99% success rate – and he is a former prosecutor who has a Harvard Law School education. In other words, he has both formidable credentials and proven “on the ground” results. Let him help you figure out your best next steps.

Continue reading "Pasadena DUI Gossip: Juicy DUI Stories from Last Week" »

February 21, 2011

Pasadena DUI Sports Spotlight – Raiders Runningback's DUI Charge Tops Off a Bad Weekend for the NFL

Scan the weekly headlines for Pasadena DUI, celebrity DUI, and other related posts, and chances are that you will see a surprisingly large number of sports related arrests, injuries, and other bad news -- particularly related to NFL players. Michael-Bush-DUI.jpg


While national DUI-related news, like Lindsay Lohan’s recent grand theft felony charge, captures the public’s imagination, in terms of sheer numbers, it seems like the sport stars have the celebrities beat, hands down.

NFL players, in particular, seem to have a passion for getting arrested for DUI in Burbank, DUI in Pasadena, DUI in Glendale, DUI in Los Angeles, and DUI just about anywhere else. Case in point: 26-year-old Michael Bush, a runningback for the Oakland Raiders, got nabbed for DUI in Indiana last Saturday morning in Jeffersonville (just outside of Louisville). Drafted by the Raiders in 2007, Bush came into his own last season, netting 8 touchdowns and 655 yards rushed. (Sports journalists believe Bush will become a free agent during offseason.)

According to reports, Bush spent the night in Clark County Jail and got out at 1 pm the next day on his own recognizance.

As this blog has reported elsewhere, Bush’s DUI was just the tip of the iceberg in terms of NFL-related troubles last week:

• Brandon Banks, a kick returner for the Redskins, got stabbed that same evening in a nightclub in downtown, Washington D.C.
• Meanwhile, Bank’s teammate, Albert Haynesworth, got officially charged with misdemeanor assault for a road rage incident that occurred on February 2nd in nearby Reston, Virginia.
• Bob Kuechenberg, a 63-year-old former Dolphin, also got arrested last Saturday night for DUI after sideswiping a car on I-95 in Florida.

All of these arrests raise an interesting question: what are DUI penalties for multiple Pasadena DUI convictions?

In California, convicted DUI drivers face escalating punishments whenever they violate the law and/or the terms of their probation. For instance, a standard misdemeanor DUI charge might net you a court imposed probation, a minimum alcohol school time, suspension of your license, a fine, and two full days of jail custody (six months maximum).

Does this sound scary? Note that it is just a starting point! If you injure someone during just DUI, prosecutors can hit you with a felony instead of just a misdemeanor, and your punishments will go way up, accordingly. Alternatively, if you get pulled over for a second, third, or fourth time for a Pasadena DUI within a 10-year period, the court will get increasingly harsh with you.

For instance, as we just discussed, a first misdemeanor Pasadena DUI will net you 48 hours behind bars – certainly an unpleasant development. But a THIRD time DUI misdemeanor within 10 years will give you a mandatory minimum of 120 days behind bars. That’s approximately four months!

Given the urgent legal crisis in your life, it behooves you to retain a high caliber Los Angeles criminal defense attorney as quickly as possible. The Kraut Law Group (located in Pasadena at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is an excellent, proven resource. Head attorney Michael Kraut served as a former prosecutor for the city for a long time (over 14 years), during which he successfully prosecuted many DUI cases. He now uses his experience working for the other side to help his defense clients.

Mr. Kraut is a Harvard Law School educated attorney with an excellent reputation among his peers and a track record for success, even in highly complex cases.

Continue reading "Pasadena DUI Sports Spotlight – Raiders Runningback's DUI Charge Tops Off a Bad Weekend for the NFL" »