February 3, 2012

Changing the Burbank DUI Paradigm: Part #1 – What's the Point of Fighting Los Angeles DUIs, Anyway?

In an ideal world, Burbank DUI arrests would never happen. burbank-dui-paradigm-shift-part-2.jpg


But we don’t live in an ideal world. Far from it.

Instead, we live in a world in which Burbank DUIs are all too pervasive. What's more, prosecutors, defense attorneys, judges, police, and the public all operate with false beliefs about the underlying causes of Los Angeles DUI and alcohol and drug addiction. Our inability to “move the needle” and permanently solve problems like Burbank DUI leads to needless suffering, traffic accidents, ruined lives, wasted law enforcement resources, wasted court time, and nasty indirect consequences for our entire city and country.

The Conventional Thinking

The conventional mindset about Burbank DUI prevention (held by many a Los Angeles DUI lawyer) is somewhat fatalistic. The CW suggests that Burbank DUI drivers “just don’t get it” and that they need to be punished and stripped of their rights to make Southern California’s roads safer. The problem, per the CW, is that certain drivers behave carelessly, recklessly, or otherwise inappropriately. These Burbank drivers must be bridled.

But is our punitive, blame-and-judgment-rich approach to DUI prevention really getting us anywhere?

Advocates of the current anti-DUI regime might say Yes. They might point to bright spots in the research, which suggest, for instance, that Burbank DUI checkpoints lead to more arrests and safer roads. You can also find data that suggest that certain types of fatal DUI injury accidents have declined over the past decade or so.

Granted. But DUI is still a pervasive problem. As any Burbank DUI attorney will tell you.

Perhaps the Burbank DUI community could benefit from a bird's eye perspective on the process. What if we examined our core beliefs about what works and doesn’t work in terms of changing driver behavior, managing DUI-related problems and costs and helping drivers solve those problems more effectively?

Perhaps, for instance, we could think about road safety differently.

Here's an idea, for starters: Discourage Angelenos from driving so much!

How? By doing things like eliminating sources of free parking. A recent Los Angeles Weekly article about parking theorist Donald Shoup highlighted Los Angeles’ obsession with free parking. Shoup suggests that our free parking fetish has led to many of our city's most nasty traffic and pollution problems. By eliminating sources of free parking, perhaps we could discourage drivers from driving as much as they do.

Think about it: the fewer miles that drivers clock, the fewer DUI driving miles will be clocked as well!

We will speculate in greater depth in a follow-up post. In the meantime, if you or someone you care about was recently arrested and charged with Burbank DUI, you may need to speak with a Burbank DUI lawyer.

Consult with an experienced Burbank DUI criminal defense attorney at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Michael Kraut is a former city prosecutor (14+ years experience in that position); he is hugely respected by his legal peers, and he boasts a terrific record at jury trials.

Continue reading "Changing the Burbank DUI Paradigm: Part #1 – What's the Point of Fighting Los Angeles DUIs, Anyway?" »

January 24, 2012

Burbank Injury DUI News: Police Shoot DUI Suspect During Stop in Santa Clara

The experience of getting pulled over under suspicion of driving under the influence of Burbank (or elsewhere in the Golden State) can be explosive. burbank-dui-injury-shooting.jpg


Drivers and passengers are often terrified about what might be in store. Even if you consumed no alcohol, narcotics, or prescription medications, you’ve certainly heard stories about innocent people being arrested for Burbank DUI without compelling evidence. Any good Los Angeles DUI attorney can recount dozens of these types of stories.

On the flip side, police officers themselves are often suspicious and scared, particularly if the suspect led them on a high-speed chase or otherwise resisted arrest or disobeyed an officer’s instructions. It’s easy for such suspicions to escalate and create not just hostility, but also fighting, injuries, and occasionally, fatalities. Los Angeles DUI lawyers can recount some truly devastating stories.

Consider the tragic case of a Santa Clara DUI stop gone awry.

The Saturday night before last, a 42-year-old man was pulled over on suspicion of DUI on Karen Drive in Santa Clara. According to a report in the San Francisco Chronicle, the suspect “became uncooperative, and the city police officer called for backup…before additional units could arrive, the suspect reached for a revolver.” The arresting officer then fired at the suspect in self-defense, killing him in his car. The officer has since been put on administrative duties, pending the results of internal Santa Clara Police Department investigation, done in conjunction with the Santa Clara County DA’s office.

Fortunately, most Burbank DUI stops don’t end so tragically. But the lack of trust -- combined with the adrenaline-fueled atmosphere of a Burbank DUI stop -- can cause officers and suspects to behave inappropriately, uncooperatively, and dangerously.

For instance, a Burbank DUI suspect may compound his or her potential legal problems by trying to flee the scene or by becoming overly aggressive (or defensive or even groveling) with an officer. As a Los Angeles DUI attorney will tell you: when you act inappropriately – with excessive fear, uncertainty, or aggression – you boost your likelihood of getting into more trouble than you deserve.

Likewise, police officers are liable to compound problems at DUI traffic stops by making drivers unnecessarily uncomfortable. Simple judgment errors or problems with breathalyzers can lead to innocent people being arrested for driving under the influence in Burbank and lead to a general waste of limited taxpayer resources and energy.

How Can We Make the Burbank DUI System Function More Effectively?

The big takeaway here is that police officers, defendants, Los Angeles DUI lawyers, and others need to stay present to the needs and concerns of others as well as to their own needs and concerns.

If you have been stopped for a Burbank DUI after a hit and run, for instance, stop the cycle of bad decision-making and limit your damage. Even if you are still recovering from a horrific night, the team here at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810 )will help you figure out what to do next and to be more strategic in how you approach your legal situation. Attorney Kraut is a vastly experienced, Burbank DUI criminal defense attorney who is highly respected by his peers. As a former Deputy District Attorney for Los Angeles and a Harvard Law School graduate, Attorney Kraut will help you make more effective decisions.

Continue reading "Burbank Injury DUI News: Police Shoot DUI Suspect During Stop in Santa Clara" »

January 16, 2012

Burbank DUI Defense Lessons from Shocking Arrest of Atlanta Beach South Carolina's Mayor

Most people believe, without a shred of a doubt, that “a Burbank DUI would never happen to me… or anyone I respect." This kind of thinking is understandable. After all, DUIs are only something that careless celebrities and recidivist alcoholics get. Right?dui-mayor-burbank-dui-lessons.jpg


Think again.

In fact, the diversity of Burbank DUI defendants is far vaster than most people realize. Defendants have included sports heroes, political figures, (yes, celebrities), “responsible” housewives, business people, homeowners, senior citizens, and practically everyone in between.

Even politicians can find themselves in great legal disarray due to poor decision-making. Witness the case of 62-year-old Retha Sturdivant, the mayor of the South Carolina town of Atlantic Beach. South Carolina police officers allege that they saw Sturdivant stop her SUV at green lights multiple times. After witnessing this very odd – and certainly dangerous – behavior, officers stopped Sturdivant on the Main Street Bridge in the town of Conway. Police said that Sturdivant exhibited the classic symptoms of a Burbank DUI (and DUI anywhere in the country), including glossy eyes, lack of coordination, and a general lack of sharpness and responsiveness. Sturdivant was put through the paces of a field sobriety test. The officer who conducted the FST said, “The subject was swaying, used her arms for balance, and put her foot down many times.” Officers not only arrested the mayor, but they also found a diverse sampling of medications on her, including Percocet, Toradol, and Flexeril.

This is not the first time that Atlantic Beach's mayor has come under the gun for legal problems. On Christmas 2007, she was arrested and put on probation. Last July 13, she also faced problems with her administration. According to the heraldonline.com, a Rock Hill, South Carolina, publication, “Her first attorney was disbarred and is serving jail time for trying to have a former law partner killed.”

Sturdivant also allegedly was involved in a hit and run accident April 2009. She was arrested and charged with driving under the influence, although those charges were later dismissed due to problems with the breathalyzer test.

She was also arrested back in January 2011 for trespassing on Town Hall itself!

Sounds like something of a disaster.

Unfortunately, individuals who are recidivist offenders – who break the law multiple times – run the risk of profoundly-life altering Burbank DUI penalties. “Escaping from the charges” might be a worthy goal, but ideally, you want to examine the root problems that have caused you to clash with authorities. You need to rectify those problems ASAP – not only to prevent getting into further trouble, but also to protect yourself and others in your community from harm.

Connect immediately with a Burbank DUI criminal defense attorney at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to understand your rights and resources and begin the process of rebooting your life, career, and reputation.

Continue reading "Burbank DUI Defense Lessons from Shocking Arrest of Atlanta Beach South Carolina's Mayor" »

January 11, 2012

Burbank DUI Arrests (And Arrests Across LA) Up By 9% Over New Year’s: What Does It Mean??

According to California Highway Patrol estimates, 248 motorists were arrested under suspicion of driving under the influence in Burbank and elsewhere in Los Angeles over the New Year’s “holiday crackdown” period. Last year, over the same weekend, only 228 motorists were busted for Los Angeles DUI. As pundits have pointed out, this means that DUI arrests spiked by 9% over the 2011 numbers.burbank-dui-new-years-eve.jpg


What does the spike mean, if anything?

First of all, take a step back. Without context for those statistics, it’s impossible to tell whether a 9% bump in arrests over any given weekend is statistically significant in any way – or whether it’s simply random statistical noise. Unfortunately, the media and many bloggers will make a mountain out of the molehill of these statistics, anyway. The headline “Burbank DUI arrests spiked 9%” will undoubtedly be leveraged to try to prove political points, spur interest in websites through Google searches, and generally sensationalize the situation.

We all, in some sense, understand that the media operates in a less-than-scientific manner when it discusses the ramifications and potential solutions for Burbank DUI. But often the “experts” themselves fall into a similar trap of extrapolating way too much information from poorly parsed statistics and research.

This isn’t to say that we can’t know anything about Burbank DUI or that people shouldn’t report on these stories or spin them. But it’s helpful to deal with numbers and reality instead of fantasies and spin, especially if you are a Burbank DUI defendant confused about your rights, responsibilities, and potential punishments.

Statistics can lead to insight and possible solutions, of course. For instance, a 2009 Centers for Disease Control and Prevention (CDC) analysis found that nearly 11,000 people died on US roads in 2009 due to alcohol influenced auto accidents. The CDC also argues that field sobriety checkpoints in Burbank and elsewhere can reduce DUI accidents by as much as 20%. So it’s not like reporters and policy makers are operating in a zero-information environment. Quite to the contrary, they collectively understand a lot more about Burbank DUI behavior and potential solutions.

If you have an urgent question about your Burbank DUI arrest, connect with an experienced and highly reputable Burbank DUI criminal defense attorney at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to get help now. Attorney Kraut is a Harvard Law School-educated former prosecutor, and he has a nearly perfect record at jury trials and an excellent reputation among his legal peers.

Continue reading "Burbank DUI Arrests (And Arrests Across LA) Up By 9% Over New Year’s: What Does It Mean??" »

January 6, 2012

The Karma of Burbank DUI: Lessons from the DUI Arrest (and Public Shaming) of ESPN Analyst Matthew Barnaby

Let’s face it: The Burbank DUI process is quite technical and scary. Burbank-DUI-can-happen-anywhere.jpg


But if you simply study the law, you will not get a sense of how difficult it can be to face Burbank DUI charges. For instance, you might read a story in the news about a guy who gets pulled over for driving 0.14% near Victory Boulevard and how 0.14% BAC is nearly twice the Southern California legal limit, as defined by Southern California Vehicle Code Section 23152(b), and blah blah blah.

But what do those details really tell you? Not too much. They are dry and clinical.

Often, deep sadness, frustration, and anxiety underlie Burbank DUI incidences. For instance, consider one of last week’s biggest tabloid stories: Matthew Barnaby, a former NHL pro with the Buffalo Sabres, was fired from his job as an ESPN analyst after being arrested for driving under the influence in New York. Allegedly, he drove his Porsche Cayenne on the wrong side of the road – while missing a front tire, no less!

ESPN terminated his contract, effective immediately, and Barnaby might also face deportation to Canada, in part because of domestic charges stemming from a previous arrest. Earlier in the year, per the Buffalo News, Barnaby kicked down the garage door at the house of his estranged wife. Per an arrangement with the court, Barnaby agreed to 500 hours of community service and vowed to stay out of trouble.

Well, driving on the wrong side of the road while Burbank DUI with a car missing a front tire is basically the definition of trouble.

Without the backstory here – without knowing that Barnaby had struggled with domestic issues – his DUI would seem out of context and, in essence, random.

Once you understand a little bit about his history, the charges, at least superficially, seem to make more sense. Rarely are human beings motivated by pure caprice when they break the law. Often, there is an underlying factor – or factors – that cause or contribute to the situation.

To build your best defense, therefore, you may find it beneficial to speak with Burbank DUI criminal defense Attorney Michael Kraut of the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Mr. Kraut is a former Deputy DA (14+ years) and respected legal expert on the subject of DUI. Attorney Kraut can help you understand why you got in trouble in the first place and build the best, most strategic case possible.

Continue reading "The Karma of Burbank DUI: Lessons from the DUI Arrest (and Public Shaming) of ESPN Analyst Matthew Barnaby" »

December 23, 2011

The Career-Destroying Power of a Glendale DUI Conviction: Jerome Babbitt Flies into Trouble

It’s one thing if you or a neighbor or a co-worker gets arrested for Glendale DUI. That, in and of itself, is kind of disturbing. But what if one of the nation’s top safety experts gets arrested for driving on the wrong side of the road while under the influence of alcohol? How would you feel? Would you feel dismayed? Flabbergasted? Outraged? All of the above?Randy-Babbitts-mugshot-DUI.jpg


This is not a theoretical example. It actually happened the weekend before last, when 65-year-old Jerome Randolph Babbitt, the head of the Federal Aviation Administration, was arrested for DUI in Fairfax, Virginia, then taken to an adult detention center.

According to the Washington Post, Babbitt has requested a leave of absence from his position in the wake of the arrest. He had been serving a five-year term. Michael Huerta, the Deputy Administrator of the FAA, will take over in Babbitt’s absence.

On some level, the jaded among us have grown to expect this kind of behavior even from our highest elected and appointed officials. On another level, we also recognize the inherent dangers of driving under the influence in Glendale and elsewhere. We find ourselves caught up in paroxysms of anger and despair as we contemplate these misdeeds.

Here is another way to think about Glendale DUI arrests – and arrests for DUI elsewhere in America including Fairfax, Virginia and beyond. It is a far more empathetic, compassionate, and non-judgmental way to think. This way probes the fundamental causes of misbehavior and bad judgments. This way asks questions like: Why might someone like Babbitt drive under the influence or drive on the wrong side of the street? What circumstances might have influenced this decision? What can we do to prevent Glendale DUI injury accidents? What incentives, disincentives, social pressures and educational resources will make the roads safer and instill a sense of community among drivers?

This discussion may be a bit theoretical if you or someone you care about faces a scary charge of Glendale DUI pursuant to California Vehicle Code Section 23152(a) or 23152(b). Fortunately, you need not fight this battle all on your own. An aggressive, results-focused Glendale DUI criminal defense attorney from the Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) can help you assess your situation and fight the charges against you. Mr. Kraut is an experienced former prosecutor with a Harvard Law School background, and he has served as a legal expert for the Los Angeles Times, KTLA, and even US Weekly.

Continue reading "The Career-Destroying Power of a Glendale DUI Conviction: Jerome Babbitt Flies into Trouble" »

December 2, 2011

Multiple Burbank DUI Arrests? Maybe it’s Time to Look at the Root Cause…

If you’ve been arrested, and potentially convicted, more than once for driving under the influence in Burbank, you might find it useful to evaluate the fundamental problem that’s been getting you into trouble.burbank-dui-hole-stop-digging.jpg


As Will Rogers once famously intoned, “If you find yourself in a hole, stop digging.”

All well and good. But how does that translate into action?

More specifically, if you admit that something other than dumb luck contributed to your getting arrested multiple times for driving under the influence in Burbank, how do you objectively think through what’s caused you so much pain and caused you to engage in such reckless behavior?

The standard party line is that Burbank DUI defendants are incompetent, ignorant, reckless, or (insert other negative judgment here). Labeling a person -- or even a behavior -- as “good” or “bad” is not necessarily that informative. It might make non-Burbank DUI drivers feel superior. It might make people who have been convicted of driving under the influence, per California Vehicle Code Section 23152 or 23153, feel guilty and ashamed. But it does not get at the root problem. A judgment is just a description, and a tenuous one at best.

So how do you make progress?

One way to make progress is to analyze the feelings and thoughts that you had before, during, and after your DUI arrest or other automobile event. The more discreet, focused, and comprehensive your survey of your thoughts and emotions, the easier it will be to spot patterns – habitual behaviors and ways of thinking. You can then use your new knowledge of said patterns to engineer a remedy.

For instance: say, after journaling about your experience, you discover that every time you've driven DUI in Burbank, you just-previously experienced a deep frustration, such as a job loss, family fight, or even rejection at an audition. If so, you can recognize that certain negative events trigger you to take leave of your senses. So the next time you find yourself in a situation where you are frustrated or angry, you can become consciously aware of the trigger and take measures to disrupt your pattern of partying or taking drugs to make the pain go away.

Of course, you may also have urgent logistical or legal concerns. The Kraut Law Group in Burbank (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help. Attorney Michael Kraut is an experienced Burbank criminal defense attorney who specializes in DUI, and he can help you construct a rigorous, solidly structured defense.

Continue reading "Multiple Burbank DUI Arrests? Maybe it’s Time to Look at the Root Cause…" »

November 7, 2011

Are Glendale DUI Field Sobriety Tests Inherently Unfair?

Whether you got arrested on the way home from a birthday party at the Glendale Galleria, or you got tagged for driving under the influence in Glendale on a clogged Southern California freeway during the throes of one of the Southland's notorious Sig Alerts, chances are, your memories of what happened with the police are emotional, possibly blurry, and certainly painful and uncomfortable. glendale-field-sobriety-test.jpg


Most DUI drivers (fortunately) only have to experience field sobriety tests, PAS tests, and difficult police officer questions once or twice in their lives. That is certainly more than enough for most people. However, the “lack of practice” we have in terms of managing the ultra stressful situation of being put through the paces of FSTs and breathalyzer tests or blood tests, intense officer questioning, and the like can redound to negative effect for our ability to cope.

Glendale DUI suspects, often out of sheer naivety, fail to take simple actions that could protect their rights, get charges dismissed, and preserve and protect their reputations, driver’s licenses and good insurance rates.

Why are Glendale field sobriety tests so vexing and so potentially unfair?

Here are just a few speculative reasons:

Easy to confuse “learning related stumbling” with “DUI related stumbling.”

Most of us do not sit at home, practicing how to walk a straight line, counting backwards by 3, or saying the alphabet backwards. In fact, chances are, if you put yourself through field sobriety tests in your own kitchen or office or wherever you are now, you would stutter, stumble, and fumble around a bit because these activities are unfamiliar to you. This is normal human learning behavior –we learn by trial and error. Unfortunately, these normal-learning-related fumbles and stumbles and mumbles can easily be confused for DUI-related coordination problems.

Distractions abound.

Suspects don’t take Glendale field sobriety tests in a vacuum. They are bombarded by stimuli, including police officers (sometimes several) watching your every move, traffic roaring by, lights, sirens, etc. All these distractions make it harder to concentrate.

Emotional/stress reactions to the DUI stop itself.

Even a stone cold sober driver stopped and put through FSTs will undoubtedly experience soaring and crashing emotions, including stress reactions, anxiety, fear, anger, and other states of mind. These emotional reactions can also interfere with your ability to “pass” these tests.

Officer subjectivity.

Field sobriety tests are not like SAT tests, in that one can’t really ever standardize results because of all the variables involved. So, officer subjectivity undoubtedly plays an enormous role in terms of the diagnosis “DUI or not DUI”. Even officers who ostensibly try to play by the book – who seek to be as scientific and objective as possible – are no doubt heavily influenced by their biases, moods, perspective on the tests, and so forth.

All this is to say that if you failed your Glendale FSTs, it might behoove you to seek counsel from a respected, experienced Glendale criminal defense attorney. Connect today with Michael Kraut of the Kraut Law Group in Glendale (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123). Come up with a strategic plan of action, and protect your rights and resources. Attorney Kraut is a veteran former prosecutor with a Harvard Law School education and a terrific reputation among his legal peers (including prosecutors and judges).

Continue reading "Are Glendale DUI Field Sobriety Tests Inherently Unfair?" »

October 24, 2011

Underage Burbank DUI for Hannah Montana Star – 20-Year Pulled Over in Mercedes with BAC “Well Over” the 0.08% Limit

Last week, 20-year old actor Mitchel Musso was arrested for driving under the influence in Burbank underage near Chandler and Buena Vista, according to a report in the La Canada Valley Sun. MITCHEL-MUSSO-DUI-burbank.jpg


The actor, who appeared on Hannah Montana as well as in the 2003 movie, Secondhand Lions, allegedly “drove through the intersection [near an accident scene] and failed to do what the officer instructed him to do.”

Musso, who is probably best known for playing Oliver Oken in Hannah Montana, was pulled over at 3:45 A.M last Sunday morning. He had a BAC of substantially over the limit for driving under the influence in Burbank (0.08%). But since he was underage, any significant amount of alcohol in his system would constitute a crime. Per the Los Angeles County Sheriff’s Department, the actor was released after posting a bail of $5,000. No one else was in his 2007 Mercedes during the arrest.

Underage DUI in Burbank is not only a frustratingly serious crime, but it is also a crime that can ruin or cripple a young person’s future.

Obviously, any Burbank DUI is a potential (or actual) tragedy. In this case, Musso was fortunate, in that he did not cause injuries to anyone or to himself. But imagine if he had killed someone while driving DUI underage. Not only might he face hugely serious charges, such as vehicular manslaughter or worse, depending on his background and the circumstances, but he would also face the problem of being “sucked into the system.”

Once you accept the notion that you are a criminal or a DUI driver, you may have a difficult time changing that self image and returning to your previous model of yourself as “upstanding, law abiding citizen.” The way we view ourselves can have profound ramifications for our behaviors, thoughts, and life paths.

Underage Burbank DUI
driving should be taken as a major warning sign – a clarion call that you need to get help. You may need the services of a respected, empathetic, and results driven Burbank DUI criminal defense lawyer, such as Michael Kraut of the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). You also might need to do some inner work, such as therapy, meditation, and changing your peer group to reduce the negative influences on your behavior.

Attorney Michael Kraut of the Kraut Law Group is a former prosecutor for the city of Los Angeles – he spent over 14-years in that role, in fact. Now, as a criminal defense attorney, he brings his wealth of prosecutorial knowledge and experience to bear to help Burbank DUI defendants understand their challenges and meet them in a principled, successful way.

Continue reading "Underage Burbank DUI for Hannah Montana Star – 20-Year Pulled Over in Mercedes with BAC “Well Over” the 0.08% Limit" »

September 28, 2011

Resisting Burbank DUI Arrest? Not a Good Idea. Just ask Ohio DUI Suspect...

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

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

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

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

Yikes.

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

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

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

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

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

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

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

September 19, 2011

Do You Have Multiple Glendale DUI Arrests? Maybe You Are Getting the Wrong Advice about How to Treat Alcohol Addiction

Penalties for Glendale DUI convictions become harsher the more times you get arrested and convicted. The-Heart-of-Addiction-Dodes-Lance.jpg


A simple misdemeanor DUI conviction – for the first time – might lead to a little bit of jail time, license suspension, mandatory alcohol school, significant probation, and a not-insignificant amount of embarrassment. But these penalties pale in comparison with the penalties associated with a third or fourth Glendale DUI conviction within 10 years. Depending on circumstances, you might face felony charges for what would only be a misdemeanor charge for a first-timer.

On some level, everyone recognizes this. Getting arrested multiple times for the same crime is not a good thing to do. Bad things will happen.

How do we break the cycle? It’s a simple question with a complicated answer. But new thinking in the addiction research community suggests that traditional methods to treat alcohol as an addiction might do a disservice to many people who desperately need help.

One of the most popular ways of treating alcoholism is to send the alcoholic to a 12-step program similar to Alcoholics Anonymous. One key step in this program is to “admit you are helpless” in the face of alcohol. Most take that as a given – that we have to “surrender” control to some higher power to reclaim our lives and our bodies.

But not so, says Harvard University psychiatrist Dr. Lance Dodes, author of The Heart of Addiction. He argues that addicts engage in their addictive/destructive behaviors as a means of self-empowerment. Dr. Dodes suggests that many addicts start to feel better as soon as they make the mental decision to go have a drink – NOT as soon as the alcohol touches their lips.

This suggests that there is a deep psychological mechanism at play that has less to do with the chemical effect of the alcohol on the brain than it does with the effect of the decision to consume alcohol.

Dr. Dodes’ thesis is basically that the 12-step approach is backwards. We should not disempower addicts by telling them that they are “helpless,” Dodes argues, but instead look for ways to re-empower them and help them understand the forces in their lives that make them feel out of control. The next step is to motivate them to reassert control in positive ways, which will help them stop self-destructive behaviors like drinking and getting into Glendale DUI accidents.

It’s certainly an interesting theory, and you can check out more about it at his website, www.lancedodes.com.

For immediate help with your Glendale DUI defense, connect with Glendale criminal defense attorney Michael Kraut of the Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) to explore how to manage your scary, frustrating, and overwhelming situation. As a former prosecutor and media expert on Glendale DUI matters, attorney Kraut has the credentials, wherewithal, knowledge, and compassion to deliver a powerful defense and fight for your freedom.

Continue reading "Do You Have Multiple Glendale DUI Arrests? Maybe You Are Getting the Wrong Advice about How to Treat Alcohol Addiction" »

September 14, 2011

Bizarro Burbank DUI Arrests the Blogosphere Would Go Nuts Over

Rabblerousers in the blogosphere (e.g. Perez Hilton) like to shake things up and make Burbank DUI news stories sound more bizarre then they often are. unicycling-DUI-in-Burbank.jpg


Sure, occasionally some crazy news will cross the police blotter. A B-list celebrity might be arrested for driving 80 miles per hour on Olive at 2a.m. with a blood alcohol concentration of 0.24. Or a demented homeowner might jump on a riding lawnmower and putter off towards downtown Burbank while under the influence of homemade absinthe.

But most of the time, Burbank DUI news stories are fairly mundane examples of misdemeanor DUI stops, checkpoint arrests, and the occasional tragedy.

Obviously, in an ideal world, there would be no more Burbank DUI arrests, since people would no longer ever even think about driving under the influence. But we don’t live in a perfect world.

But sometimes it seems like the media would like more outrageous and hysterical stories, such as the following:

Fictitious Burbank DUI Blog Item #1: "Unicyclist Bikes DUI and Knocks Over a Clown Juggling Bowling Pins on Victory Boulevard"

“Police have detained 34-year-old unicyclist Booggoms McGooggoms after he recklessly rode his unicycle into a clown on stilts who was juggling pins while practicing for a circus performance. The police stopped McGooggoms on Victory Boulevard near Trader Joe’s and administered field sobriety tests. They reported that his breath smelled like alcohol, his eyes were bloodshot, and he looked “spaced out.” The unnamed clown was reportedly uninjured, but he lost several pins and will now have to make use of Evian water bottles for his act.”

Fictitious Burbank DUI Blog Item #2: "Burbank Man Arrested For 345th DUI in Three Weeks"

“Dumbo McStupidpants, 52, of Burbank, was recently arrested for the 345th time for driving under the influence within just a span of three weeks. His latest stop occurred Saturday night near downtown, when police noticed his 1996 Chevy Impala tipped over on its side and saw that the driver was yelling obscenities at passersby. It was unclear at the time even how McStupidpants found the time to get arrested 345 times within a 21 day span, let alone how the legal system failed the community on this one.”

All joking aside, a Burbank DUI can carry extremely serious, life-changing penalties. If you injure someone, destroy property, or commit multiple driving infractions and other crimes while DUI, your legal battle could be that much harder and more emotionally challenging.

The team at Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you understand what tactics are available for you and help you think more strategically about what you need to do (and what you should stop doing right now) to maximize your defense. Attorney Kraut is a Harvard Law School educated Burbank criminal defense lawyer with a rich and diverse track record and a demonstrated capacity to help even the most challenged defendants.

Continue reading "Bizarro Burbank DUI Arrests the Blogosphere Would Go Nuts Over" »

August 31, 2011

Burbank DUI Penalties: How Might They Measure up to Paris Hilton’s Ex’s DUI Plea Deal?

If you have been charged with driving under the influence in Burbank, you are probably biting your nails, wondering what the law might have in store for you. cy-waits-DUI.jpg


Meanwhile, last week, just one state away, Cy Waits, the ex-boyfriend of celebutante Paris Hilton, took a DUI plea deal stemming from a 2010 Las Vegas strip traffic stop. Waits was fined $585, ordered to attend victim impact classes, and given a suspended jail sentence of 30 days.

Not too bad.

Indeed, it could have been a LOT worse for the 35-year-old Waits. As the AP reports, “Waits was arrested August 27, 2010, after a Los Vegas police officer reported a ‘vapor trail’ of marijuana smoke lofting from a black Cadillac Escalade with Waits at the wheel. Hilton, a passenger in the vehicle, was arrested after the police said a small bag containing 0.8 grams of cocaine fell from her Chanel bag, as she reached for a tube of lip balm.”

Prosecutors originally leveled both felony and misdemeanor drug charges against Waits, but later dropped them.

Judge Kephart did warn Waits: “if you are arrested for another DUI during the pendency of this case, I don’t care if it is alcohol or drugs, you will do six months in the Clark County Jail.”

Without knowing the details of your Burbank DUI arrest, it’s difficult to predict what your outcome will be. If it was a standard misdemeanor DUI with no other complications (i.e. you didn’t injure anyone, you didn’t commit a hit and run, you weren’t considerably over the limit, etc), the penalties might be similar to those Mr. Waits faced. But you should still connect with an experienced Burbank DUI criminal defense attorney to plan your next steps.

On the flip side, if this is your second, third, or fourth arrest within the past 10 years, your Burbank DUI penalties are liable to be much more severe. You could face significant jail time, fines, fees, humiliation, and long-term problems – such as higher insurance rates, problems getting hired, loss of professional reputation, etc.

The moral is: Your decisions from here on out matter greatly.

Attorney Michel Kraut of Burbank’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) will help you work through your complex, scary situation and guide you toward a systematic, smart legal defense. Attorney Kraut has a fantastic track record and a nearly 100% success rate with jury trials. He has built a reputation as an aggressive, knowledgeable, strategic attorney and he has also been a regular pundit and commentator on local and national media as an expert in Burbank DUI Law.

Continue reading "Burbank DUI Penalties: How Might They Measure up to Paris Hilton’s Ex’s DUI Plea Deal?" »

August 23, 2011

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

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…lindsay-lohan-samantha-ronson-dui-spat.jpg


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" »

August 15, 2011

Burbank DUI Penalties Abolished? Perhaps if Michel Moore Gets His Way and the Nation Elects Matt Damon as President….

Burbank DUI penalties are notoriously unpleasant. michael-moore-matt-damon-president.jpg


As this blog has blogged about umpteen times, if you are arrested and convicted – even for a misdemeanor – you could lose your license for a year, serve jail time, pay colossal fines and fees, and even suffer the indignity of paying to install an interlocking ignition device (IID) in your vehicle.

Not exactly something you want to show off on a first date.

Some people think that our draconian Burbank DUI process is in serious need of reform. But what kind of reform? Who knows. But if the liberal firebrand Michael Moore has his way, the reform could be handed down by none other than President Matt Damon.

You read that right.

Last week, Michel Moore “endorsed” Damon to be President. In a recent statement, the progressive filmmaker said this about the 40-year-old Damon, “I think that he has been very courageous in not caring about who he offends by saying the things that need to be said here… sometimes even when you run an actor, you win. And I guess I only throw his name out there because I’d like us to start thinking that way.”

Obviously, it’s more than a little bit of speculation to suggest that Michel Moore’s endorsement would catapult Damon to launch a progressive challenge against Barack Obama in the 2012 election, win the election, and then make it a priority to reform Burbank DUI laws. There are probably multiple flights of fancy and gaps of logic in that sequence. But it’s worth at least mulling over hypotheticals like this.

So much of our laws are based on arbitrary historical precedents. Someone decided a certain law, restriction, or punishment was a good idea; that idea stuck, and it paved the way for our current thinking. And so, it’s useful, healthy, and even invigorating to play with speculations like, “What if President Matt Damon legalized marijuana?” Or "what if President Damon radically changed America’s view on DUI, distracted driving, and other driving dangers?"

Obviously, the speculation is quite ridiculous. But it’s intentionally so. Because it's trying to break you out of your old ways of thinking about DUI policy and practice.

Of course, there is a very pragmatic element here – particularly if you or a loved one faces a Burbank DUI charge. You want someone who is an expert in Burbank DUI, someone with credentials, and someone who is respected not only by clients but also by their legal peers (including prosecutors and judges).

Connect with Attorney Michael Kraut of the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Attorney Kraut is a highly-esteemed Burbank criminal defense attorney and can help you understand your rights and responsibilities as a defendant and make smarter choices.

Continue reading "Burbank DUI Penalties Abolished? Perhaps if Michel Moore Gets His Way and the Nation Elects Matt Damon as President…." »

August 2, 2011

Burbank DUI: Will It Be Eliminated Entirely Thanks to New Technologies?

What causes people to drive under the influence in Burbank, and what can stop them?ignition_interlock-Los-Angeles_DUI.jpg


These questions obsess lawmakers, policymakers, police, and analysts who cover news about DUI in Los Angeles, Burbank DUI, Pasadena DUI, and Glendale DUI.

Most solutions concentrate on driver behavior. Policymakers try to deter drivers from consuming alcohol, narcotics, and prescription medications before getting behind the wheel. And they punish people who violate these rules and laws -- not only to send a message but also to “clear the roads” of dangerous drivers.

A new movement has cropped up that’s focusing on looking beyond behavior. This new crop of DUI analysts believes that technology may be able to play a vital role in terms of reducing the number of crashes and the severity of injuries.

A recent story in the Washington Examiner analyzed a proposed Maryland law that would compel anyone convicted of driving DUI with a BAC of 0.15% or greater to install an interlock ignition device (IID). (0.15% BAC is nearly twice the BAC for Burbank DUI, as specified in California Vehicle Code Section 23152).

As this blog has discussed at length, California has started a mandatory IID installation program of its own – and Los Angeles County is one of the test counties.

This technology-centered approach to ending DUIs makes some sense.

But rather than getting mired in the debate about the rightness or wrongness of this conclusion – one could probably also paint an argument that first time offenders are penalized too much – let’s think bigger picture.

Maybe correcting behavior alone is not enough. And maybe technology won’t solve our problems either. Maybe we need a solution that is more humanistic, diverse and social science based. In other words, instead of continuing to trust old broken systems or shooting for the moon and hoping that some random new technology will solve all our problems, let’s take a deeper look at what makes drivers do the things they do.

One hard to ignore factor is social contagion.

Human beings like to fit in. That's a deep human need. Peer pressure is an enormously powerful factor. And policymakers surely do not leverage this factor well enough.

For instance, we all know that Burbank DUI arrests spike around national holidays, like New Year’s Eve, the 4th of July, and the Super Bowl. This is because there is a social contagion effect going on. More people party. More people drink. More people get behind the wheel.

Thinking in terms of social contagion leads us to cool new solutions. For instance, what if we focused on making DUI behavior look less cool? We need not necessarily increase punishments. Rather, we need only source and address the core, often counterintuitive motivating factors. Perhaps we would make better progress.

In any event, from a practical point of view, if you have a question about a Burbank DUI, you likely want to speak with a Los Angeles criminal defense attorney. Mr. Michael Kraut of the Kraut Law Group (2600 West Olive Avenue, 5th Floor Burbank, California 91505 (818) 563-9810) has ample experience – not just as a defense attorney but also as a former prosecutor. His experienced on both sides of cases gives him a profound and unique vantage, which he can bring to bear to deliver strategic results for you.

Continue reading "Burbank DUI: Will It Be Eliminated Entirely Thanks to New Technologies?" »

July 29, 2011

Burbank DUI Brouhaha: Hines Ward’s Arrest Sparks Critical Tweet from Ray Rice: Steelers and Ravens at it Again, Months Before Pre-Season…

Burbank DUI sports news often follows a relatively simple, predictable script.

An athlete – such as four time pro-bowler and “Dancing with the Stars” champion like the Steelers' Hines Ward – gets pulled over for a crime like driving under the influence in Burbank, DUI in Pasadena, Glendale DUI, Los Angeles DUI, or DUI whatever – and then the athlete and his/her team launches into a double-pronged defense:ray-rice.jpg


1. Deal with the legal and logistical fallout of the arrest.
2. “Spin” the publicity to minimize damage to the athlete and/or his/her team or league.

As this blog (we believe, astutely) pointed out last week – back when everyone was huffing and puffing about the Carmageddon disaster that wasn’t – the Steelers' wide receiver's July 9 arrest outside Atlanta, Georgia sparked far more publicity than Ward, the Steelers, or probably the NFL as a whole would prefer.

But the drama isn't over.

The latest salvo was fired in cyberspace… by none other than Baltimore Ravens' runningback, Ray Rice, who tweeted, chidingly, that Ward’s alleged actions were “not a good look.”

Side note: You may or may not know this, but the Pittsburgh Steelers and Baltimore Ravens are huge rivals. So when a Ravens star publicly scolds a Steelers star, you can expect sparks to fly.

If you are concerned mostly with Burbank DUI news, you might not be aware of just how viscerally Ward’s arrest (and Rice’s retort) impacted citizens on those two east coast cities. But the broader lesson here is the sheer unpredictability of the story.

While the press obsessed about Carmageddon (and barely even touched on the Hines Ward story), guess which story had more "legs"? Surprise - the Ward story did.

This kind of unpredictability holds true not just for sports DUI arrests – but also for “every day” simple misdemeanor arrests for things like violating California Vehicle Code Section 23152(a) or 23152(b) in Burbank. Obviously, most people who get arrested take their situations seriously. But what they may not realize – or at least not fully grasp to the extent they should – is that the law of unintended consequences is almost certain to “visit” your case and create challenges that you did not anticipate.

So what do you do?

As author Nassim Taleb illustrated so nicely in his book, The Black Swan, you cannot predict, with 100% accuracy, these disruptive “bolt out of the blue” events. But you can prepare against them! For instance, by retaining an experienced, creditable Los Angeles criminal defense attorney to build your Burbank DUI case, you can increase your odds – not just of general success – but also of being able to manage "bolt out of the blue" type surprises without getting stressed out and without compromising the quality of your defense.

Attorney Michael Kraut (of Burbank's Kraut Law Group - 
2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you understand your options and build a strategic defense. Mr. Kraut is a former Harvard Law School educated former LA city prosecutor, and he provides free, confidential consultations.

Continue reading "Burbank DUI Brouhaha: Hines Ward’s Arrest Sparks Critical Tweet from Ray Rice: Steelers and Ravens at it Again, Months Before Pre-Season…" »

July 25, 2011

Glendale DUI and 2012 Presidential Election: Could Crenshaw County Arrest Derail “Dark Horse” Presidential Candidacy?

A Glendale DUI arrest might have radically altered your life and, potentially, your family’s future. But an even more profound (at least from the perspective of national politics) arrest took place last Sunday in Crenshaw County, Alabama, when Caleb Moore, the 20-year old son of possible presidential contender Roy Moore, got pulled over on suspicion of speeding. Police arrested Moore on charges of possessing drug paraphernalia and controlled substances and driving under the influence. Now how, you might ask, does Mr. Moore’s arrest tie back to both the 2012 presidential campaign and to issues germane to those who’ve recently been stopped and charged with Glendale DUI, Pasadena DUI, Burbank DUI, Los Angeles DUI, etcetera?judge-roy-moore.jpg


Let's go slowly, and we'll tie it all together.

First, understand that Moore’s arrest creates a certain degree of trouble for his father’s presidential aspirations. Roy Moore, if you might recall, is an extremely conservative former Alabama Supreme Court Justice who famously was removed from office for refusing to remove a monument of the 10 Commandments from the court’s lobby. This defiant act made him a hero to many social conservatives. Given that Moore tried to cultivate a persona as a morally upstanding figure, his son’s arrest might damage his image.

According to the Washington Post, Roy Moore is refusing to talk about the details of the arrest “because his son has applied to be treated as a youthful offender.”

But rather than get side-tracked on a tired discussion about political morality and hipocracy, let’s think about this situation from a more compassionate point of view. Many people – including friends, family members and co-workers – are quick to “judge” anyone arrested for driving under the influence in Glendale. Even if you clear your name by, for instance, showing that you passed all of your Glendale field sobriety tests or that the police made a mistake, you may find yourself subjected to a lot of subtle moral judgments.

How do you deal with all of that?

The answer is trickier than you might think. If you really do have a problem with alcohol -- or even with impulsive decision-making in general -- you want people to tell you the truth. You want to address the root causes of that behavior. On the other hand, you want to be able to separate yourself from your DUI arrest – to avoid having the arrest become a kind of albatross hanging around your neck, dragging down your self esteem, your work prospects, and infecting your relationships with colleagues, friends, and family members.

Cultivating the most appropriate response begins with getting good help. Glendale’s Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) can provide a free consultation to help you sort out your strategic options. Mr. Michael Kraut, an experienced and highly regarded Los Angeles criminal defense attorney, will work with you to help you come up with a plan that meets your needs, goals, and principles.

Continue reading "Glendale DUI and 2012 Presidential Election: Could Crenshaw County Arrest Derail “Dark Horse” Presidential Candidacy?" »

July 13, 2011

Burbank DUI Checkpoints: A Soon-to-be Thing of the Past?

A roiling debate over Burbank DUI checkpoints (and checkpoints throughout the Golden State) has taken Sacramento by storm. A Democratic assemblyman from Los Angeles, Gil Cedillo, introduced legislation to prevent law enforcement from impounding the cars of unlicensed drivers stopped at checkpoints for DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles, and DUI elsewhere in CA. Cedillo’s bill passed, and it is now headed for the Appropriations Committee. Burbank-DUI-Check-point.jpg


The legislation passed -- but not without some very vocal detractors, including Ellen Rosenberg, whose child was killed by an unlicensed driver in 2010. Ms. Rosenberg testified a Senate Public Safety Committee meeting and protested the bill. Opponents have cited an AAA Foundation for Traffic Safety study from 2000 that found that unlicensed drivers cause more than five times as many auto accidents as do licensed drivers. Cedillo and others point out that many DUI checkpoints are not anywhere near bars or drinking establishments and have been engineered purposely by law enforcement agents to impound cars instead of to protect against DUI.

As with most debates over how to clamp down on driving under the influence in Burbank, strong opinions are common. Reality is likely far more complicated than both sides wish to acknowledge. Unfortunately, our civic discourse often devolves to the point where sides with opposing interests simply fail to hear each other’s deep human needs.

As Marshall Rosenberg, founder of a school of thought called Nonviolent Communication, often inveighs: When two sides fail to connect at the level of need – to really empathize with one another – the solutions wind up being punitive, frustrating, and dissatisfying.

So let’s examine, as an experiment, the needs of various potentially affected people:

• Immigrant drivers who may not have a license: they need respect; they need to be able to see their friends, family, and to get to work; they need to build a life for themselves.
• Drivers and pedestrians: They have a strong need for safety on the roads and elsewhere
• Police: They have a need to exert autonomy, enforce the law, and experiment with strategies to make their jobs easier and make the lives of the citizens they protect safer and better

This is obviously an incomplete inventory. But even if you just look at this list of needs, they all sound pretty universal and understandable. The challenge, of course, becomes devising strategies that meet everyone's needs, and that’s often not an easy thing to do – but it’s a particularly difficult challenge when various sides won’t even listen to one other.

If you have recently been arrested for DUI, an experienced Los Angeles criminal defense attorney at the Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can listen to your needs and help you come up with an appropriate strategic response to limit your penalties or get them dismissed entirely. Attorney Kraut is a former District Attorney (prosecutor) who understands Los Angeles DUI law from multiple perspectives, and he has a terrific reputation among legal peers.

Continue reading "Burbank DUI Checkpoints: A Soon-to-be Thing of the Past?" »

June 21, 2011

Burbank DUI Reflections: Terrifying Checkpoint Escape in Kansas City, Missouri Seriously Injures Civilian

This blog has scrutinized dozens of Burbank DUI news items since its inception. One of the big takeaways is that drivers have a propensity to act irrationally and dangerously even after they have been stopped and arrested; and it’s often these “post-DUI” behaviors that transform ordinary, simple charges of Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI into life-altering legal crises.Burbank-DUI-checkpoint-2.jpg


Case in point: A terrifying story out of Kansas City, Missouri has the local police department and concerned citizens on edge. Early Saturday morning (the Saturday before last), a driver waiting at a sobriety checkpoint on Troost Avenue at 2:15 A.M., zipped out of line and hit a civilian police department employee. Here is a chilling quote from KMBC News in Missouri: “Investigators sayof the employee hit the hood of the Dodge and was on it for several blocks. The car also hit a police cruiser parked nearby. An officer fired a shot as the car drove off, but no one was hit. Police searched the area for several hours after the incident, but they have not been able to find the driver.” The civilian employee was taken to a hospital with serious injuries. He had spent eight years working for the department and he was in his mid-30s.

The details of this checkpoint accident make it all the more gruesome: Can you imagine being hit out of nowhere by someone driving DUI in Burbank and then carried on that person’s hood for several blocks before being dumped on the side of the road and seriously injured?

Sure, the driver of the Dodge might have been arrested and got into serious trouble had he simply gone through the checkpoint and failed a field sobriety test or breathalyzer test. But now if and when he gets rounded up, he may face far more intense charges. Consider just the difference between a standard Burbank DUI misdemeanor, as defined by California Vehicle Code Section 23152(a) or 23152(b), versus an injury DUI, as defined by CVC Section 23153(a) or CVC 23153(b). In one case, the crime is a misdemeanor. In the second case, the crime is a felony. A felony charge can land you a jail sentence of significantly more than a year.

This checkpoint evader could also face a whole battery of additional charges which will complicate his defense and lead to enhanced penalties and fines – and that’s not even beginning to talk about the damage he caused to the poor civilian volunteer of the Kansas City PD.

A Los Angeles criminal defense attorney can help you develop and follow through on the most appropriate defense to the charges against you. The longer you wait after your arrest to get good help, the fewer resources you may have. Burbank’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you now. Attorney Michael Kraut is a tremendously experienced lawyer – both on as a prosecutor and defense attorney. Major media, such as KTLA News, The New York Times, Fox News and CNN, often look to Mr. Kraut as an expert commentator regarding Burbank DUI news.

Continue reading "Burbank DUI Reflections: Terrifying Checkpoint Escape in Kansas City, Missouri Seriously Injures Civilian" »