Articles Posted in Pasadena 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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The statistics paint a scary picture. If you’re arrested just one time for driving under the influence in Pasadena, your odds of getting arrested again for the same crime spike — a lot.pasadena-dui-vortex.jpg

A week ago, prior to your arrest, you might have had a 1% chance of ever being arrested for DUI. Today, your chance of getting re-arrested might be 4%. (Those numbers are made up to illustrate the point).

Every DUI arrest is different. Perhaps you will “learn your lesson” (if, indeed, you have a lesson to learn). But to understand your Southern California DUI arrest in context, you need to focus attention not just on the past but also on the present and the future.

Even if you didn’t hurt someone while driving DUI in Pasadena, you likely found the whole experience traumatic and a bit weird. If you’ve been replaying the stop/accident in your head, over and over again, don’t worry. You’re not going crazy. This is a natural cognitive response many people have.

To construct an effective defense — and at the same time reduce your risk for getting in similar trouble in the future — you may need to investigate the DUI in great detail. Sometimes, this close analysis can lead to evidence that can exonerate you. For instance, perhaps your breathalyzer test malfunctioned. Or perhaps you drove off the road because of a man-made obstructed or bad signage. A Pasadena DUI criminal defense attorney can help you with this investigation and analysis.

Moving on with Your Life — Safely — After Your DUI

Recognize that the past is past. Perhaps you screwed up. Perhaps you were just unlucky. Focus not on the past but rather on your current and future decisions. What steps can you take to fix your problems with alcohol (if you have any) and prevent future run-ins with the law?

To start the process, get in touch with a seasoned Pasadena DUI criminal defense lawyer. The team at the Kraut Criminal & DUI Lawyers has the wherewithal, sensitivity and track record to deliver results. Find out more about what we do on our website, or call us to schedule a free consultation now.

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The story of Chicago Bears’ fullback Evan Rodriguez may be an important cautionary tale for Pasadena DUI defendants. Evan-Rodriguez-DUI-pasadena.jpg

On May 31, Illinois State Police stopped Rodriguez on the Kennedy Expressway (early in the morning) and tested him to have a BAC of 0.17%. For those of you keeping score, that’s nearly twice the legal limit for Glendale DUI of 0.08%, as set forth in California Penal Code Section 23152. Coach Phil Emery chastised Rodriguez early in the off season, when the fullback got into a scrape with police in Miami Beach. Police cited him for speeding and improper lane usage on I-90. Taken in context with his March arrest for resisting a police officer, the situation doesn’t auger too well for Rodriguez.

If you were arrested for extreme DUI in Pasadena (more than twice the legal BAC limit), you could be subjected to extra penalties, including extra jail time and very restrictive probation terms.

Meanwhile, elsewhere in Cook County, a 53-year-old grandma got convicted of her seventh DUI on May 30th. The woman went drinking before she picked up her one-year-old grandchild from a local daycare. A jury convicted her of a special kind of crime – a Class X felony – and she faces up to 30 years behind bars.

According to news reports, police arrested Jenkins in April 2012, after she picked up her granddaughter at the Community Child Care Center of Palatine Township. Daycare workers were concerned. They thought she had been drinking. They saw her stumbling. After she hit another car while leaving the daycare, workers called the police, who stopped her on Quentin Road and subjected her to a field sobriety test.

Her breathalyzer tests were not sufficient to provide a reading, but witnesses at the daycare believed that she had been under the influence. In his closing statement, a prosecuting attorney told jurors, “the assistant director came out and pled for the defendant not to drive away, that she would call a cab. The defendant told her to go to hell.”

The law treats recidivist Pasadena DUI defenders very seriously. In fact, if you’re pulled over for a “standard DUI” — and you’ve already been convicted twice for DUI in the last 10 years — prosecutors can automatically elevate your charge to a felony.

This means that, instead of facing a few hours or days behind bars, you could face a half a year – or much more, particularly if you hurt someone, pulled a hit and run, resisted arrest, et cetera.

Building a strong defense against Glendale DUI charges is a challenging business, even if you have grounds to challenge the breath test or dispute the police’s version of events.

Fortunately, you don’t have to wage this battle on your own. The team here at the Kraut Criminal & DUI Lawyers is standing by to give you sensible, effective guidance. Connect with a former prosecutor and Harvard Law School educated attorney today for help to get the results you want for your Pasadena DUI case.

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At what point should you plead guilty to your Pasadena DUI charges? plea-deal-pasadena-dui.jpg

How do you know whether to fight all the way to trial or whether to cut your losses and accept a reduced set of punishments?

Believe it or not, the answers to these questions are not clear cut. Plea bargaining a Pasadena DUI case is an art and a science… although you neglect the “science part” at your own risk.

Here are two factors to weigh heavily:

1. The opinion of an experienced successful Pasadena DUI defense attorney.

Your attorney should have lots of practical experience dealing with cases like yours. So if he or she suggests that you plead guilty to a lesser offense, consider that advice strongly. Of course, not all attorneys will always agree on the best tactics and strategies to be used. If you want a second opinion about your case, please connect with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today. Not only is Mr. Kraut a well regarded Pasadena DUI attorney, but he’s also a former prosecutor, so he’s spent time negotiating DUI cases on both sides.

2. What you’ll risk if you lose vs. what you’ll get if you win.

If you fight the charges tooth and nail and lose, what would the worst case outcome be? How would that be different from what would happen if you accepted a plea arrangement? Will you have to spend several more weeks in jail? Will you lose your license for a full year instead of a month or two? Weigh the pros and cons of the extreme outcomes against one another. Consider them in the context of the probabilities.

For instance, speaking frankly, your attorney might think that you’ll only have a 15% chance of prevailing at a trial. Is that risk worth it to you? Is the expense of going all the way to trial worth it? There is no one right answer for everyone.

To deal with your Pasadena DUI charges, turn to the thorough attorneys at the Kraut Criminal & DUI Lawyers. Mr. Kraut is a widely respected Harvard Law School educated ex-prosecutor. He amassed a track record of over 99% success at jury trials when he was with the DA’s office.

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Whether you got arrested for DUI in Glendale, after police stopped you for speeding on the 134, or police snagged you at a Pasadena DUI checkpoint near Old Town Pasadena, you’re facing a serious legal crisis. aldon-smith-dui-glendale.jpg

Join the club.

Aldon Smith of the San Francisco 49ers also just got busted for driving under the influence in California, after he smashed his truck into a tree. While such an event would render many people unable to walk or engage in vigorous activity, Smith took to the field against the Colts just two days later… and made five tackles on the way to a 27 to 7 defeat.

Jed York, the CEO of the 49ers, said that the team had the right to play him, despite his DUI: “our opinion is, if you’re sitting someone down and paying them to sit down when they’re going to seek treatment in the future, we didn’t feel like that was an appropriate punishment. We’re not trying to circumvent what the NFL will do. This is about making sure that Aldon has the opportunity to work on something, to get better…”

Last season Smith had 19 1/2 sacks – a record for the 49ers, and the second most sacks in NFL. But he’s apparently equally aggressive on and off the gridiron.

• In 2012, Smith got into a car accident in Santa Clara County, and he sustained a deep cut on his face.
• In June 2012, Smith and Delanie Walker (also on the 49ers squad) allegedly got intoxicated at Smith’s house and shot guns into the air to stop their party. Unsurprisingly, in shooting off their guns in a crowded area, they allegedly hit a man, who later filed a lawsuit against Smith.

The NFL’s personal conduct policy takes a Glendale DUI violation (or DUI violation anywhere) extremely seriously. But since Smith’s case had not been adjudicated, he was allowed to play against the Colts. Following that game, however, he was put on the non-football-injury leave of absence list.

As we reported in a separate post on Jacoby Jones and Pacman Jones, NFL players have gotten into some horrendous legal turmoil recently. (To refresh your memory, Jacoby Jones got smashed over the head with a bottle of champion (by a stripper, no less!) on a party bus. Pacman Jones, meanwhile, got hit with DUI charges and mouthed off to the officer arresting him.)

But the mayhem is not restricted to the NFL. Taylor Olander, a UConn basketball hero, recently also got suspended, after police busted him for driving under the influence without a license.

If you or someone you love has been arrested for driving under the influence in Glendale (or elsewhere in Southern California), consider getting in touch immediately with an experienced Glendale DUI defense lawyer at the Kraut Criminal & DUI Lawyers. Mr. Kraut is a very experienced Harvard Law School educated ex-prosecutor. He is known for his excellent relationships with judges, prosecutors and other members of the Southern California legal system.

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The night that you were arrested for DUI in Pasadena is a night that you would love to forget. pasadena-dui-symptom-bloodshot-eyes.jpg

Unfortunately, the police officers who booked you likely kept a detailed, objective log of what happened – including what you said and did before, during, and after the arrest.

The so-called symptoms of DUI are in some sense universal. When a person consumes too much alcohol, he or she can develop “tell tale signs” of being under the influence, such as:

• Bloodshot eyes;
• Inhibited motor skills;
• Slow response to stimuli;
• Slower pupil reaction time (as measured by something called the horizontal gaze nystagmus test);
• Odor of alcohol on your person;
• Falling, stumbling and general clumsiness;
• Tendency to react emotionally and inappropriately to questions or circumstances.

Of course, there are more objective ways you can measure Pasadena DUI, such as a breathalyzer or blood test. But when you really examine this list of particulars, you might notice something peculiar: Barring the BAC numbers, any other “symptom” can be caused by numerous other things.

For instance, you can get bloodshot eyes if you hang upside down on a bar in gymnastics practice, spend too much time in a smoky room, get sick, get fatigued, or have an allergic reaction to food, medication, or pet dander. In other words, in and of itself, the Pasadena DUI “symptom” of bloodshot eyes doesn’t tell you that much.

You can go down the list!

There are many reasons why people stumble and fumble and get clumsy. Consuming alcohol can obviously cause this problem, but so can fatigue, a medical problem, muscular dysfunction, a seizure, etc. Maybe you’re just not very coordinated – even while sober!

This doesn’t mean that what you said or did following an arrest can all be “explained away” through exotic explanations. But it does mean that the court will want to see the totality of the evidence against you.

You can even exude the odor of alcohol, if you’ve been drinking mouthwash or cough syrup or working at a chemistry lab.

So what can you do now?

Your Pasadena DUI charge weighs heavily. You want to resolve the situation efficiently and legally, so you can get back to your “regularly scheduled” life. Connect with a Pasadena DUI criminal defense attorney with the Kraut Criminal & DUI Lawyers to plan your strategy. Mr. Kraut is an ex-prosecutor (educated at Harvard Law School) who retains fantastic relationships with police officers and judges and other officials in the Southern California law community.

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In a recent post, we dissected three common excuses that drivers give just prior to collecting Pasadena DUIs. Whether you got pulled over after a rowdy evening at The Cheesecake Factory, or you had way too much sake at one of those revolving sushi restaurants in Old Town and then got busted driving back to the Caltech Campus, you’re searching for answers.pasadena-DUI-excuses.jpg

You want to find an astute Pasadena DUI defense attorney, and you also want to figure out what went wrong, so you can avoid ever “doing that” again.

Often, the subconscious messages that we use to talk to ourselves get us into trouble. Here are three common excuses that people make before they get behind the wheel and cause trouble, like DUI in Pasadena.

1. “I’ll compensate for the alcohol I’ve consumed by driving really slowly and being mindful.”

There is a neat logic to this approach. Unfortunately, it doesn’t work.

When we approach tasks “with fresh eyes,” we often do better at them. It’s easier to win a video game, for instance, if you are fully invested in duking it out on the computer, instead of trying to carry on a conversation with your roommate at the same time.

Concentration = focus = power.

Unfortunately, concentration is not something that can be summoned at will. Nor can it be – except perhaps if you’re an advanced yogi – sustained indefinitely. So you might hop behind the wheel, with the full intention that you will “concentrate harder.” But even if you could muster extra concentration:

A) There’s no way to maintain that concentration indefinitely and B) Even with the “best concentration,” your reaction time may still be slowed due to the effects of the alcohol.

2. “I don’t mind dealing with a fine, license suspension, and even a little jail time.”

When you’re partying hard, the thought of “turning in for the night” may not appeal in the slightest. So, in the moment, you might dismiss the long-term ramifications of a Pasadena DUI conviction, such as jail time, court costs and fees, points on the license, mandatory alcohol school, and so forth, because they seem so far removed and abstract.

It’s a lot easier to hop into a car with a cute girl (or guy) and let the night “play out” in a free-for-all fashion than it is to reflect, soberly, on your rational risks. But it should be done!

3. “I’m not going to hurt anybody because I’m a safe driver.”

You’ve probably heard the statistic that 80% of people think they’re above average.

And you might think that you’re immune from this statistic!

But that’s the problem. The reality is that you’re biased. And if you’re the type of driver who’s willing to hop behind the wheel after having two or three (or seven) alcoholic drinks – and you’re still having thoughts like “I’m safer than the average driver – then there’s clearly a disconnect going on.

You want to make smart choices going forward. Connect with a Pasadena DUI defense lawyer at the Kraut Criminal & DUI Lawyers today to figure out your next steps. Attorney Kraut is a highly respected, well-connected ex-prosecutor who can help you analyze and deal with your case with compassion and acumen.

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You made a mistake – a big one – now you face a Pasadena DUI charge.pasadena-dui-mistakes.jpg

The question is: Why? What errors, mental or otherwise, did you make before getting behind the wheel? Here are five very common errors of judgment, which often land otherwise community-oriented drivers behind bars, facing penalties like license suspension, mandatory IID installation, alcohol school, and exploding car insurance rates.

1. “I’ve only had x number of drinks, so I’m okay to get behind the wheel.”

You’ve see the charts – the ones that tell you that, if you’re X gender, and you weigh Y pounds, and then you can drink Z number of alcoholic drinks before becoming DUI in Pasadena.

While those charts can be helpful, they’re just rough guides. The body’s relative sensitivity to alcohol depends on a huge number of factors, including:
• Whether you’ve had food to eat or not;
• Whether you’re metabolically comprised in any way;
• How quickly the alcohol entered your system;
• Whether you’ve consumed other kinds of substances, such as over-the-counter medications.

2. “I smoked medicinal marijuana, and I only had one drink an hour ago, so I’m not DUI.”

Not necessarily!

First of all, you could get what’s known as a Pasadena drug DUI. For obvious reasons, it’s not legal (nor is particularly smart) to get behind the wheel after you’ve taken medicinal marijuana (or any strong medicine, for that matter).

When on meds, your ability to react rapidly and acutely to events degrades. You are slower. You are less likely to make the right decisions in emergencies. Etc.

3. “I’m only a few blocks from home – besides, I don’t want to have to leave my car at this party/bar overnight, because it would be a pain to do so.”

This kind of thinking might feel rational in the moment, but it’s definitely not.

The reason why it’s not, however, is elusive. Human beings have a difficult time understanding risks, particularly low percentage risks. If you’ve never driven a motorcycle before – if it’s an unfamiliar activity – you would never in a million years think to “just drive it a few blocks home” while under the influence. Because you recognize the inherent folly of doing that.

But if you know how to drive a car well, sober, you might reason that you could get away with it. In other words, the short-term convenience seems worth the small risk. But it’s really not! For instance, let’s say the odds are only one in 5,000 that you will get into a fatal accident. But if that happens, your life is literally over! The horror of that long-term “game over” consequence should trump the short-term inconvenience of having to take a cab, if you’re being strictly rational.

No matter what happened – why you got a Pasadena DUI arrest – you now need to contend with the consequences. The good news is that attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is available to help you approach your case. As a former prosecutor — and as a Harvard Law School educated attorney with excellent connections within the legal community — attorney Kraut can help you with your Pasadena DUI case.

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You recently got arrested for your second Pasadena DUI within 10 years. pasadena-dui-second-time.jpg

You know the drill. You’re scared of what lies before you because you’ve been down this road before. You’re especially agitated, since you know that prosecutors like to hit recidivists (repeat offenders) hard to “teach them a lesson” and keep Southern California’s roads safe.

Prosecutors and judges around the country are especially tough on second offenders. Consider the sad situation of Baltimore County Councilman, Todd Huff, who was arrested back in February on York Road in Towson, after police stopped him and tested his BAC at 0.20%. (For reference: the legal limit in Baltimore and in Pasadena for DUI is 0.08% — that means that Huff tested at 2.5 times the legal limit!)

Circuit Judge Timothy Martin just handed down Huff’s sentence: one year suspended prison sentence with 26-weeks of alcohol school, as well as random urine monitoring.

Huff’s DUI defense attorney asked Judge Martin to give probation before judgment, but the judge was unimpressed. Why? Because Huff had been involved in a different DUI case 18 years prior. That DUI hit and run caused an injury, and the Councilman had had an alcohol restriction on his driver’s license.

Judge Martin said: “That old offense doesn’t disappear in my thought process.”

The judge also did not like the way that Huff behaved after his arrest.

(If you’ve been reading this Pasadena DUI blog, you will notice this common theme: often, when people get arrested or flagged down for DUI, they engage in dangerous, irrational, or aggressive behaviors that radically complicate their legal cases.)

In any event, Huff called his friend, Police Chief Jim Johnson, the night he was busted for DUI. Huff later told the judge that he just called his friend to apologize, but Judge Martin said that this argument was “not very persuasive… I hardly buy that.”

As part of the plea agreement, prosecutors dropped additional charges, such as headlight violations and negligent driving charge. The local prosecutor was happy with the sentence – saying that it “accomplished the goal of public safety.”

But if you’re facing a second Pasadena DUI charge, you’re probably concerned about the precedent. If the court could be so brutal with a high level councilman, what will happen in your case?

Truth be told, prosecutors can hit you with extra punishments as a recidivist – these include: increased jail time, longer time in alcohol school, and more intense probation terms, steeper fines and fees, and beyond.

Fortunately, you don’t have to struggle with constructing your defense on your own. Harvard Law School educated attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is standing by to give you the insight and strategic roadmap you need to get clarity and rebuild.

Connect with Mr. Kraut and his experienced, respected team today for help.

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Your Pasadena DUI arrest has caused you to rethink a lot of your fundamental ideas about yourself, your future, your relationships, and your ability to succeed in general. kaizen-after-pasadena-dui.jpg

Whether the DUI caused serious bodily injury to someone, or whether it was “just” a misdemeanor charge that landed you in jail overnight, you’re stuck in a precarious situation. To create an effective Pasadena DUI defense, you need the proper mindset. To paraphrase one of Albert Einstein’s most famous quotes, “DUI problems cannot be solved using the same consciousness that created them.”

To reconcile with what drove you to drive DUI in Pasadena, you’re going to need help from outside, trusted sources. You may not be able to “fix things” in a single therapy session. But tested advisors, such as an experienced Pasadena DUI defense lawyer, can help you make serious progress.

Seeing “Self-improvement” Not As a Single Project, But Rather As an Ongoing Process
Consider the Japanese art of “Kaizen” – or “never ending improvement.” This philosophy has helped companies like Toyota become world acclaimed brands, and it’s also helped many civic leaders, scientists and athletes achieve their potential. The gist of kaizen is that, over time, if you direct your energy towards improvement – enjoying the process of improvement for itself – eventually, you will build positive momentum and vault beyond mediocrity to success.

What this means for your Pasadena DUI defense is that, in addition to dealing with the nuts and bolts — e.g. striving to minimize your punishments and reconcile with ancillary costs (such as bumps in your car insurance rates) — make a vow now to work on yourself. Find the right people and mentors. Transform this disheartening experience into one that, in retrospect, you will recall as a pivotal, positive moment in your life.

Step one is to get in touch with your resource-rich, tested Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers. Mr. Kraut attended Harvard Law School, and he has been a guest commentator for the Los Angeles Times, KTLA, and other widely respected media publications.

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