Los Angeles DUI Attorney Blog

The experience of getting pulled over under suspicion of driving under the influence of Burbank (or elsewhere in the Golden State) can be explosive.

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" »

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.

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?" »

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

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

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

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

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

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

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

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

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

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

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

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

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

We can all agree: Southern California would be a much safer place if drivers no longer drove under the influence in Beverly Hills or anywhere else throughout the Southland.

If no one ever got behind the wheel with a blood alcohol concentration (BAC) level of 0.08% or greater – no one violated CVC 23152 (a) or 23152 (b) – there would be fewer road deaths, fewer injuries, and significantly less property damage to boot.

And here is a foolproof way to ensure a future with a near zero rate of Beverly Hills DUI:

Reinstate Prohibition.

Our nation experimented with Prohibition back in the 1920s. Protests and entrepreneurial bootleggers’ games notwithstanding, alcohol consumption declined after national Prohibition laws passed. It stands to reason that, if there is enough willpower in Southern California to get similar legislation passed, we will likely see a similarly dramatic decline in alcohol consumption in our community. Obviously, we can never get to zero alcohol consumption because there would always be some people breaking the rules. But we can get pretty close.

Most people out there might write off this little thought experiment as silly. And it might be. But let's think about the possible consequences, as far as Beverly Hills DUIs are concerned. How many lives would be saved every year throughout California if alcohol was legally forbidden (and the law was enforced)? Dozens? Hundreds? Thousands? How many accidents would be prevented?

Say there was a new pharmaceutical drug that killed dozens of people every year due to its side effects: there would be no end to the clamor and uproar about how the government would need to outlaw the drug ASAP and punish anyone who continued to try to sell it or market it. And there would be a decent moral case for doing so. If you are going to be morally equitable, then you need to admit there is also a decent case for enforcing this kind of draconian Prohibition.

This hypothetical is meant to illustrate a point about Beverly Hills DUI policy: Draconian, “sweep all the pieces off the chess board” gestures might sound good in theory, depending on how you frame the statistics, but they come at a cost that is too great for (most) people to swallow. Like it or not, alcohol consumption is in some ways an intrinsic component of the American social landscape.

The solution to Beverly Hills DUI is not necessarily to throw the baby out with the bath water – to ban all alcohol consumption – but instead to come up with creative, strategic, scientifically grounded, and morally and ethically acceptable solutions to deter DUIs, make road safer, educate drivers, and generally work with every player in the system to protect people’s rights.

A Beverly Hills criminal defense attorney, such as Attorney Michael Kraut of Beverly Hills’ Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can help you make progress. Mr. Kraut is a regular TV and news media analyst who specializes in Los Angeles DUI and criminal defense matters, and he is also a Harvard Law School educated former prosecutor. He brings a diverse wealth of experience (and connections) to bear to help his clients make the progress they want.

Continue reading "An Absolutely Guaranteed Way to Permanently End Beverly Hills DUI" »

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

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

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

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

Yikes.

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

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

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

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

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

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

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

Last week, President Obama’s uncle, 67-year-old Onyango Obama, was arrested after he nearly hit an unmarked police car. According to a police officer, Obama exhibited “red and glassy eyes, slurred speech, and strong odor of alcohol and appeared unsteady on his feet” – identical symptoms of Burbank DUI that you, or perhaps a close relative, allegedly exhibited when you were stopped and arrested.

But unlike your Burbank DUI arrest, which likely did not get much news coverage beyond the local police blotter, the president’s uncle’s DUI has received international media coverage. This makes sense, since the defendant’s nephew in this case is the most powerful man on the planet.

According to the Los Angeles Times, Obama faces more than just Burbank DUI related problems. Authorities say Obama's immigration status is far from clear. The Boston Herald reported that Obama does have a social security card and a drivers’ license, but he was initially denied bail per an immigration and customs enforcement’s detainer.

Who did Obama call after he got arrested? The White House.

(Or at least, that’s what the grapevine says. The actual White House has been mum on the subject.)

Officer Val Krishtal, who made the stop, said Obama was argumentative: “(he) would not allow me to speak and continued to interrupt me…I explained to him that I narrowly avoided striking his vehicle, and he told me he did not hear my tires screeching, so I was not being accurate.” Obama denied that he had consumed alcohol before driving. Then he changed his story and admitted to having two beers. His BAC test came back at 0.14% -- as regular readers of this blog immediately understand, that’s well over the established limit for driving under the influence in Burbank (or in any U.S. city or state) of 0.08% BAC. In fact, it’s nearly twice that limit.

Obama’s arrest and possible immigration trouble raise dozens of questions, including:

• How will this impact the President, politically, if at all?
• If Obama puts up a sound defense and get exonerated – or even partially exonerated – will critics call “foul” and claim that his nephew offered subtle assistance?
• Did Obama actually call the White House after the DUI arrest?
• How might this influence President Obama’s ability to change immigration policy, if at all?

All these hypotheticals notwithstanding, you and your family want concrete answers and strategic guidance from a reputable Burbank DUI defense attorney. Michael Kraut of Burbank’s Kraut Law Group (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) will help you understand what to do and what not to do. Attorney Kraut spent nearly a decade and a half on the other side of DUI cases – fighting to put offenders behind bars and prosecute criminals. He was a very successful prosecutor, too, and racked up a terrific record at jury trials. Attorney Kraut will leverage his practical experience as well as his relationships and deep understanding of Burbank DUI law to help you resolve your situation and move forward with your life.

Continue reading "Burbank DUI Symptoms – Even the President’s Uncle Has ’Em. Will Obama be Deported?" »

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.

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?" »

The Beverly Hills DUI process is no trip to the candy store.

But when young adults, like That’s So Raven star Orlando Brown, drive under the influence of alcohol or drugs, the penalties and other consequences can be stark and very, very serious. Last Friday night, law enforcement officers pulled over Brown for driving without a license plate while his pregnant girlfriend was in the car. Police investigated and noticed the odor of alcohol on Brown, so he was subject to a field sobriety test. Allegedly, the results were not good.

Police booked Brown at the Hollywood station around 12:30 in the morning and released him early Saturday after he posted $15,000 in bail. The 23-year-old actor/rapper now faces some serious legal difficulties, as well as possible branding troubles. After all, Brown is a product of the Disney TV empire. And Disney is extremely protective of its brand. It wants its stars young, wholesome, and untainted by unsavory allegations – especially trouble like Beverly Hills DUI.

So what does someone like Brown do to fix the situation? And how might his solutions parallel or diverge from the solutions “ordinary people” use, who will also do things like fail Beverly Hills DUI sobriety tests?

The Parallels

The law doesn’t care whether you are a celebrity, teen heartthrob, or ordinary Joe. If you violate California Vehicle Code Section 23152(a) or 23152(b), you are in for a rough ride, including jail time, lost/suspended license, many weeks of alcohol school (mandatory), court costs and fines, and generally a lot of other trouble.

The law, however, is very interested in your past record – what happened to your behavior during and after the accident and/or arrest, and your attitude and level of contrition going forward. If you have a criminal record, it will also come into play. Brown, for instance, got pulled over in 2007 for driving with his lights off, and the police discovered marijuana in his vehicle. Whether that’s an issue in this case isn’t clear. But bad criminal behavior – or even bad driving behavior – will impact your chances for a successful defense against DUI charges.

The Differences

The biggest difference between a celebrity Beverly Hills DUI and an “ordinary Joe” DUI is probably attitudinal. In other words, the attitude with which you approach your DUI situation really matters. If you are imbued with self-confidence, hope, compassion, a sense of remorse, and a sense that you are life is going to be okay despite the bad news – that’s the right attitude to have. Because when you think positively and resourcefully, you will be more likely to connect with other resources that can help you, such as an experienced and extremely competent Beverly Hills criminal defense attorney. Attorney Michael Kraut of Beverly Hills’ Kraut Law Group [9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935] is standing by to provide a free and confidential consultation regarding your DUI arrest. Attorney Kraut is a Harvard Law School-educated former prosecutor. He wields his experience from both sides of the law (prosecutor and defense attorney) to tremendous effect for his clients.

Continue reading "What Scary Beverly Hills DUI Penalties Await That’s So Raven Star Orlando Brown? (Kid Star Busted for DUI with Pregnant Girlfriend in Car? Yikes!)" »

A fatal DUI in Long Beach is always a needless tragedy. We can all agree on that.

But sometimes horrific events can be ratcheted up in terms of their horribleness fivefold, thanks to “after the crash” mistakes, errors of judgment, lack of decisive positive action, and so forth.

Indeed, many cases of DUI in Burbank, Glendale DUI, Pasadena DUI, Los Angeles DUI, and DUI elsewhere throughout the Southland take turns for the tragically worse – when defendants react non-resourcefully to their situations.

This is all little abstract. So let’s bring it home with a specific example – a case out of suburban Philadelphia. Last week, a 45-year old man, Mathew McNamara, apparently killed himself in prison. He had been charged with vehicular homicide while driving under the influence, after a July 13 automobile accident killed a woman and hurt a child.

According to a local Indiana paper, the Daily Reporter (out of Greenfield, Indiana), McNamara “died from injuries sustained in a fall from the upper level of the cell block at a central Pennsylvania prison… police say accounts of McNamara intentionally jumping from the cell block's upper level are consistent with surveillance footage.”

Obviously, if you played any role in a fatal Long Beach DUI event – even if you were not fully culpable – the grief and guilt may be weighing heavy on your heart. Even if you caused only minor damage – such as a Long Beach DUI with injury or just damage to an automobile or property – you may be feel overwhelmed, confused, and, frankly, angry at yourself.

But you can’t turn back the clock. What’s done is done. You made a mistake -- or you got unfairly charged. And that’s the reality now. The question is: how do you deal resourcefully with your circumstances?

A Los Angeles criminal defense attorney can help you plot out a strategy for your defense, combat charges, and clue you into outside resources to help you deal with your alcohol problem (if you have one).

You face fundamental choices. You may need to make reparations to someone you harmed. But there are resourceful ways of doing this that can not only help release your guilt but also help the victim – or the victim’s family – come to turns with what happened and experience emotional relief.

Doing all this is tricky. And right now, you are probably most concerned with urgent issues: Will you go to jail? For how long? What are your other punishments? What can you do to bring order to this chaos? Etcetera.

Turn to Long Beach attorney Michael Kraut at the Kraut Law Group (444 West ocean Suite 800 
Long Beach, California 90802 (562) 531-7454) for help with your situation. Mr. Kraut is a former Deputy District Attorney (a high profile prosecutor), and he can help you understand what to do next.

Continue reading "Long Beach DUI Homicide Tragedy: Suspect in Fatal DUI Jumps to his Death in Prison Cell" »

What causes people to drive under the influence in Burbank, and what can stop them?

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?" »

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.”

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??" »

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.

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?" »

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

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

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

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

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

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

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

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

This past week was very busy in terms of Burbank DUI and Los Angeles DUI celebrity news. An Atlanta Braves’ minor leaguer, Derrick Lowe; Notre Dame’s wide receiver, Michael Floyd; and crooner Rick Springfield all made big splashes. But second to Springfield’s arrest, the biggest Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI news had to have been the arrest of Ricardo Chavira, the Desperate Housewives star whose character is married to actress Eva Longoria’s character Gabny on ABC’s hit show.

According to various reports, Chavira was pulled over early morning on May 3rd – around 2:20 AM. Radar Online reported: “Chavira was released from the Van Nuys jail Tuesday morning after posting $25,000.00 bail. He refused to take a blood alcohol test after he was pulled over…” The 39-year old's wife, Marcea Dietzel, had to make a difficult telephone call to Chavira’s dad, Texas Judge Juan Antonio Chavira, who told Radar online: “I had a got a call from my daughter-in-law to tell me that my son had been arrested for DUI this morning.”

Sounds like someone's in for a difficult conversation with his dad.

Some motorists who get pulled over under suspension of DUI in Burbank often reject the breathalyzer test. Why? Aren’t breathalyzer tests pretty accurate?

If you listen to common lore, then yes. But if you actually look at the science – the objective analyses of breathalyzers – then that certainty you feel about their efficacy should melt away. Breathalyzers can give accurate BAC readings, but they can also be wildly off. For instance, as this blog has reported, certain conditions, such as diabetic ketoacidosis, can lead to very inaccurate readings. Essentially, chemicals on the breath called ketone bodies can throw off the breath test and lead to false positives. The depth of your exhale into the machine can also have a huge influence on the reading. This is often why police officers will tell you to take a deep breath into the machine instead of a shallow one. Shallower breaths will include less alcohol by volume and thus lead to lower BAC readings.

Officer errors, poor calibration, and differences among devices can also lead to confusion. An experienced Los Angeles criminal defense attorney can effectively challenge breathalyzer test results and leverage other legal resources and tools to help you defend against charges.

Attorney Michael Kraut (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) has won plaudits not only from clients, but also from professionals like prosecutors and judges, for his keen judgment, superior record at jury trials, and compassionate and sensitive handling of cases.

Continue reading "Burbank DUI Celebrity Drama Unfolds – Desperate Housewives’ Star Whapped with DUI: His Judge Father Apparently is Not Pleased" »

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

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

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

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

This arrest unearths some deeper, troubling issues.

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

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

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

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

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

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

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.

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" »

When sports stars and celebrities get pulled over for driving under the influence in Burbank, Southern California, or elsewhere in the nation, the national news media and the blogosphere react with shock, awe, and dismay. In many situations, defendants are deemed “guilty” in the eyes of the public, even before counter evidence or counter arguments can be heard.

If someone you love – or yourself – recently got arrested for violating the law against driving DUI in Glendale, DUI in Los Angeles, DUI in Burbank, or DUI in Pasadena, chances are you’ve already experienced some of this unfair “prejudgment” -- even among friends and associates.

Consider the case of Harry Teinowitz, a famous radio talk show host for ESPN’s WMVP-AM radio. The 50-year old announcer got stopped for DUI in Illinois the Friday before last and tested to have a blood alcohol concentration of 0.131% (nearly twice the legal limit for Los Angeles DUI – 0.08% BAC). After getting released from jail through via a $1,000 bail bond, Teinowitz returned to his radio show last Monday (“The Afternoon Saloon”) and addressed his listeners about what happened.

Teinowitz said: “some of you may have heard about the incident that occurred last Friday night. I made a horrible mistake in judgment… and I take full responsibility for my actions. I let my family down. I let you guys, the listeners who I love, down and I let the company I work for down. And I’m deeply sorry… this doesn’t define me: what happens from now defines me."

Note Teinowitz’ extremely defensive tone. Like many people arrested for driving under the influence in Burbank (a misdemeanor as defined by California Vehicle Code Sections 23152(a) or 23152(b)), Teinowitz understands the instant stigma that attaches to defendants in DUI cases. It’s easy to find yourself attached to the label of “DUI defendant” and to feel judged – not only by friends, peers, and outsiders but also by yourself.

The key to remember is that labels and moralistic judgments don’t necessarily define the essence of who you are. In many ways, it’s the lessons we learn, the actions we take, and the motion we take towards helping others and helping ourselves that defines our humanity. As important as it is to respond alertly and fairly to your DUI charges – and that doesn’t necessarily mean avoiding all punishments, by the way -- it’s equally important to give yourself a certain degree of forgiveness and to move away from labeling yourself as “good, bad, unfairly targeted, et cetera.” Instead, focus on identifying the most resourceful path to getting what you want and to ensuring the safety and well being of others in your family and other drivers in the road.

Obviously, you have some practical issues that you are facing right now, if you are a Burbank DUI defendant. 23152(a) and (b) convictions can lead to plenty of uncomfortable penalties, ranging from community service to jail time to probation to the mandatory putting in of a device called an interlock ignition device, which makes it impossible for you to drive unless you blow a sober breath into a machine.

A quality Los Angeles criminal defense attorney, such as Michael Kraut of the Kraut Law Group (located in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can deliver the much needed strategic guidance and compassionate support you need during this tumultuous time. Trust a Harvard Law School educated former prosecutor to build your defense today.

Continue reading "Burbank DUI Celebrity Arrest Alert: ESPN Commentator Harry Teinowitz Slapped with DUI in Illinois" »

The Huntington Beach Police Department is on the case of Sharkeez, a downtown bar linked to over 72 arrests for driving under the influence in Southern California over the past year and a half. On November 11, 2010, Huntington Beach Police Chief Ken Small sparked an investigation into the popular watering hole's safety practices. This week, the story went viral, attracting the attention of the national media.

If you recently got arrested for Burbank DUI, Pasadena DUI, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, police and prosecutors might target the person or proprietor who provided the alcohol that you drank prior to your getting in your vehicle.

Baja Sharkeez's owner, Ron Newman, has taken up a defiant stance. In response to Chief Small's written statement, "I believe the ownership… represents at best an indifferent attitude toward public safety," Newman retorted, "What happens on the highway, we cannot control... we don't serve anybody who's overly intoxicated. I can't tell if you've had two or three drinks. If you're not obviously intoxicated, we can't tell. If someone is obviously intoxicated, we cut them off."

Sharkeez is not the only downtown Huntington Beach establishment with a less than stellar track record of serving drivers who go on to get tagged for Los Angeles DUI. Hurricane's Bar and Grill has been linked with 52 DUIs over the same 22 month period. And Kilarney's Pub and Grill has been linked with 33 DUIs over that time frame.

The showdown between Chief Small and Newman has taken on a life of its own and generated media headlines and, of course, frothing chatter from the blogosphere. The debate raises interesting practical and philosophical issues about how to control and restrict driving under the influence in Los Angeles.

California Vehicle Code Sections 23152 (a) and (b) define what precisely constitutes a Huntington Beach DUI and how such a crime should be punished. 23152(s) says that, if the California Highway Patrol stops you while you're operating a car, truck, or other vehicle while under the influence of alcohol or drugs, you can be charged with a serious crime. Even if convicted of just a misdemeanor, you could wind up serving jail time, losing your California license, getting points on your record at the DMV, and paying major court costs and fines. This doesn't even begin to touch on the indirect consequences, which can include hiked up insurance rates and loss of professional stature.

23152(b) defines Long Beach DUI slightly differently -- as having a blood alcohol concentration of greater than 0.08%, as measured by a Breathalyzer, urine, or blood test.

A Los Angeles criminal defense attorney can give you the experience and thorough legal help you need to combat the charges. Look to former LA prosecutor (14+ years as a Senior Deputy D.A.) and Harvard educated attorney, Michael Kraut of the Kraut Law Group to plan your strategy. Mr. Kraut provides excellent, reliable services, and he can help you feel more in control of your life and legal situation.

Continue reading "Huntington Beach DUI News Bombshell: Popular Bar Sharkeez Linked to Six Dozen DUI Arrests in Just 22 Months" »

Last weekend, Chico California Police arrested George Jefferson Smith, for driving an ice cream truck while under the influence. Pasadena DUI bloggers and others who follow bizarre criminal news have been vigorously discussing the plight of the 48-year-old Smith, who got stopped as part of a saturation patrol that led to 15 motorists heading to custody for suspicion of DUI.

If you’ve been recently stopped at a saturation patrol for Los Angeles DUI, DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI anywhere else in the region, perhaps you will feel some empathy for Mr. Smith. According to local newspaper reports, Officer Ryon Mitchell saw Smith swerving around on Nord Avenue on the evening of December 13. The officer stopped the ice cream truck for a taillight violation. When Mr. Smith responded that he “could get the taillight to work if he banged on it,” the officer noted that the driver appeared impaired. He made Mr. Smith take field sobriety tests. People walking past took pictures of the odd sight of an ice cream truck driver walking the line and counting backwards by threes.

According to reports, the driver had not been delivering ice cream to children when he was pulled over.

The Pasadena DUI process that defendants get funneled through may seem confusing at first. But it’s really quite straight forward. Here is a brief overview of what happens.

1. You are stopped at a checkpoint, traffic stop or site of an accident.

Perhaps a Pasadena officer saw you weaving across a lane or blowing through a stop light. In any case, the police must follow very specific procedures to make DUI checks.

2. Investigation into your alleged intoxication

An officer will ask you to leave your vehicle and participate in field sobriety tests, also known as FSTs. You may also be asked to submit to a preliminary alcohol screening (PAS) test. Note that both the FSTs and the PAS tests are voluntary.

3. Arrest for driving under the influence in Pasadena

A typical non-injury DUI will be charged under California Vehicle Code Sections 23152(a) and/or 23152(b).

4. Selecting a Pasadena DUI defense lawyer

The court can appoint a public defender to represent you, or you can represent yourself without a lawyer. Both of these options have serious drawbacks. Experts would almost certainly recommend that you choose a third option: hiring a private lawyer to represent you for your DUI.

Pasadena DUI defense attorney Michael Kraut is a former senior trial prosecutor who boasts a 98% success rate at jury trials that have gone to verdict. As a Harvard Law School educated lawyer who has extensive connections and a deep understanding of the law, Attorney Kraut can provide a free consultation at his Pasadena office at 790 East Colorado Boulevard, 9th Floor, Pasadena, California 9110. Call 626-345-1899 to set your appointment.

5. Your arraignment

Depending on the nature of your charges, you may have to appear at your arraignment, or your private DUI attorney can appear on your behalf to enter your plea.

6. Preparing for the pretrial

95% of criminal trials get resolved at this stage. For instance, your DUI lawyer could get your charges reduced or dropped altogether.

7. Trial by jury

If you are among the one out of 20 criminal defendants who has to go to a jury trial – whose case has not been dismissed or settled – your lawyer will represent you to win the best possible verdict.

8. Beyond trial

Your attorney can help you stay on track after you've fought the charges by turning you onto good resources.

Continue reading "Pasadena DUI Alert: Ice Cream Truck Driver Busted for Driving Under the Influence in Chico" »

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

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

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

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

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

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

Responding Effectively to Charges

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

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