Articles Posted in Alhambra DUI Defense Attorney

Whether you were arrested for DUI in Los Angeles recently – or you’re just a sports fan who’s rabidly obsessed with the NFL – you may have heard that Minnesota Vikings linebacker, Erin Henderson, just got arrested after a nasty DUI crash in Minnesota.

The six season veteran drove his black SUV off the road in Carver County, scraped across a grassy landscape, sailed across a parking lot, and then smashed into a copse of trees. The SUV’s front was “heavily damaged” in the crash.

The Vikings had a less than stellar season, as exemplified by a late season game against the Baltimore Ravens, during which the two teams traded a pair of touchdowns in the final two minutes of the game. (The Ravens won that battle… only to get knocked off by the Bengals in the last week of regular season play).

As for Henderson, he, also, struggled off the field before this latest DUI arrest. On November 19th, police arrested him for possession of controlled substances and probable cause DUI. As for his latest arrest… he now faces second and third degree DWI (the Minnesota equivalent of Los Angeles DUI) as well as charges of breath test refusal, possession of drug paraphernalia, possession of marijuana, and violation of driver’s license suspension.

He posted a $12,000 bail, and he’ll head to court in early March to face the charges.

Despite Henderson’s impressive season – he nailed two interceptions, started 12 games and racked up 5 sacks – insiders suggest that his days with the Vikings are numbered and that he will be released after the Super Bowl’s transaction moratorium ends.

After his November 19th arrest, Henderson expressed remorse: “it is a strange situation, but I really can’t go into too much detail and depth right now as far as legal matters go… will kind of let the things play out the way they will. I am sure you guys will learn more in the future, but at this point right now I am not at liberty to discuss…”

Many people who face charges like DUI don’t understand what they’re really up against and what they can do to minimize punishment. Fortunately, if you or someone you love faces a Los Angeles DUI charge, you can turn to the experienced team here at the Kraut Criminal & DUI Lawyers for a personalized, customized, and strategic defense.

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Everyone can admit that the Har-bowl was pretty epic, and kudos to Joe Flacco and the Ravens for pulling off a crazy playoff streak. But Super Bowl Sunday is traditionally one of the most dangerous days of the year for DUI. Other than New Year’s Eve and a handful of other holidays – like St. Patrick’s Day, Labor Day weekend, the 4th of July, et cetera – the Super Bowl is one of the scariest days to navigate the 101 (or any freeway or surface street, for that matter) because of all the unsafe drivers out there. superbowl-dui-in-glendale.jpg

Why is this so? Why do so many people get arrested during the holiday?

Perhaps it has to something to do with all the Bud Light commercials. Statistically, when more people drink and party, more people drive DUI and get arrested for the crime – it’s just a number’s game.

Of course, you’re not just “a number” – you’re a human being whose California driver’s license now may be on the line. You may also be at risk for serious fines, probation, jail time, spikes in your insurance rate, and a variety of other unpleasantries. So what can you do?

First of all, recognize that you may have a lot of legal resources available. For instance, let’s say that you failed a Glendale breathalyzer test — you blew a 0.12%, which is 1.5 times the legal limit for Glendale DUI, as codified by California Vehicle Code Section 23152 (a) and 23152 (b). You might be under the (false) impression that the breathalyzer results are set in stone. That is, they cannot be challenged because breathalyzers are technical instruments and thus never fail.

That’s not true. Surprisingly compelling research suggests that breath tests fail way more often than most people believe. On this Glendale DUI blog, we’ve talked a lot about how different factors (such as your dietary habits, gender, medications you might be on, etc) can throw off your breath test readings one way or another.

One really fascinating (and illustrative) way this can happen involves the depth of your test breath. If you breathe in really deeply, and then blast out a huge jet of air into the breathalyzer test, you can score a BAC reading that’s way higher than your legitimate BAC reading (if you were to measure it perfectly). This is often why police officers ask you to take a deep breath before you blow into a breath test – they know the game.

To understand how to deconstruct the case against you and build a powerful defense, get in touch with the Glendale DUI defense team at The Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is not only a scholar of the law — he is Harvard Law School educated — but he is also renowned in the community for being able to take on tough, complex cases.

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

The statistics are as follows:

Burbank DUI cases

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

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

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

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On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson’s arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that “the Jews are responsible for all the wars in the world.”Mel%20Gibson%20DUI.jpg

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you’re overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to “only having had a few drinks,” for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you’re on probation for driving under the influence of Los Angeles, or if you’ve just been arrested, you must take a test. (And if you’ve been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample — even in spite of the suspect’s unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).

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It’s a case that rivals a celebrity Los Angeles DUI escapade — and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour. barkus_DUI.jpg

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That’s twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison — for each of the three charges — and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. (According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator’s blood sample was first sent to be analyzed.)

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it’s almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.

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