Articles Posted in Pasadena DUI Defense Attorney

If you got stopped at a DUI checkpoint in Pasadena, hopefully you had a better excuse than 50-year-old Steve Gosa, of Buford, Georgia. According to local reports from the Gwinnett County Police, Gosa awoke in the middle of the night on April 15 with a hankering for Waffle House.

He cruised passed a sobriety checkpoint on Braselton Highway, going 70 miles per hour in a 45 miles per hour zone — “then crossed over into the center lane, getting half the vehicle in the other lane” — according to the local police report.

An officer unsurprisingly took off after him and chased him into the parking lot of a local Publix Grocery Store, on the corner of Braselton Highway and Hamilton Mill Road.

One of the big symptoms of DUI in Pasadena is the “odor of alcohol,” and that’s exactly what this officer first noted about Gosa. Gosa admitted that he was heading to Waffle House because he woke up really hungry. He did not admit to consuming any alcohol.

Obviously, Waffle House’s waffles (and the other food there) is quite yummy. It’s certainly understandable why someone would want to head down to get waffles that have been smothered, covered, slathered, etc. Also, Waffle has a jukebox that plays some really fun, kitschy songs, extolling the glories of waffles.

Nevertheless, no matter how hungry you are, you are not allowed to drive DUI in Pasadena or anywhere else. Not to a Waffle House. Not to an IHOP. Not to any place at all.

Gosa surely understood this, after he failed his field sobriety test and got booked on DUI charges and a charge of an improper lane change. He made his $2074 bond that day, but he undoubtedly has a long road to face, legally speaking.

So what lessons does this Waffle House drama hold for you, if you’ve likewise been tagged for driving under the influence in Pasadena (or elsewhere)?

First of all, appreciate that, if you said something dumb or untoward to a police officer, you’re not the first person to make such an error. Strive to be compassionate with yourself and avoid beating yourself up too much for what happened.

Second of all, understand that your misjudgment has landed you in legal hot water. You may face charges per California Vehicle Code Section 23152 or even 23153 (the CVC for injury DUI).

Lastly, know that you CAN start taking responsibility and being strategic about how you approach your case. An astute, well-formed defense can help you get out of trouble – or at least minimize your punishments. Get in touch with well-established Los Angeles DUI defense attorney, Michael Kraut, today to explore your options and create an effective defense.

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Imagine getting arrested for driving under the influence in Pasadena three times within ten years. You know what happened to you if that occurred?pasadena-DUI-71-year-old.jpg

Prosecutors could throw the book at you.

In fact, punishments for “just” a misdemeanor DUI can be pretty astonishingly diverse:

• a year’s suspension of your California license;
• mandatory alcohol school;
• difficult probation terms;
• jail time;
• fees and fines;
• those punishments don’t even scratch the surface.
• Often, the most painful aspects of a DUI arrest/conviction involve the indirect consequences, including the loss of a job, the devastation of a relationship, and the break down of self-esteem (not to mention higher insurance rates).

Again, that’s just for a standard misdemeanor Pasadena DUI. If you get three convictions within a 10 year period, prosecutors can “hit you” much harder with a mandatory minimum of 120 days jail time, 18 months of alcohol school and a three year suspended license (among other things). They can also elevate what would ordinarily just be a misdemeanor to a felony count, meaning that you could spend over a year in jail for a crime that once might only have netted you several hours behind bars.

Put that in context, as we talk about an astonishing situation up in Marin County, California, where 71-year-old Gary Arnone was arrested three times for DUI within a span of just five days.

You read that right. That’s not a typo.

The first arrest came on Thursday, May 16th at around 3 AM, after a witness told police about a possible DUI driver. The second arrest happened less than 12 hours later at 2:45 PM – again, after a witness told police about an erratic driver. The third arrest, on Monday the 20th, followed a similar pattern. Police in San Rafael got a report that a driver on the 400 Block of Las Gallinas Avenue had been driving erratically – very slowly, with difficulty braking. Local police stopped the vehicle and found Arnone once again at the helm.

First time misdemeanor DUI bail amounts at Marin Superior Court are typically around $2600. But when police found out about the multiple arrests, the local judge boosted the bail to $75,000.

Arnone’s tangled tale was overshadowed by other Pasadena DUI news – mostly notably the arrest of Barbara Walter’s daughter, Jacqueline, which we covered in a separate post. But the implications of Arnone’s case are arguably more interesting and relevant to your situation.

After all, these multiple arrests raise questions that you may consider asking yourself, such as:

• Why might someone commit a crime like Pasadena DUI again and again within a short span of time?
• What types of psychological, financial or emotional crises fuel this kind of “DUI binging” behavior, and are you at risk for engaging in similar recidivism?
• What steps can you take – or processes can you put in place – to prevent you from heading down a similar path?
• Given your charges, can you avoid the worst penalties and protect key interests, like your freedom and your driver’s license?

The answers obviously depend on what Pasadena DUI crime you allegedly committed and other factors, such as your driving history, criminal record, and whether anyone was hurt or not in the crash.

Get in touch with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers for insightful, thorough free consultation about your matter. Mr. Kraut is an ex-prosecutor who attended Harvard Law School, and he maintains terrific relationships with important people in the Southern California legal community.

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Pasadena DUI arrests can get dramatic and colorful. But you probably think you can “tease apart” fact from fiction. Well, let’s test your mettle. Here are 10 DUI items – 5 of which are made up, 5 of which actually happened. What’s true? What’s made up? (Answers are at the bottom).dolphin-DUI-los-angeles.jpg

Good luck!

1. Waxwing birds became wickedly intoxicated, after they ate fermented Scandinavian berries. Dozens of these perished as they “flew DUI” into local windows.

2. Two men in England broke into a dolphin sanctuary and wrestled down a dolphin and road it around while under the influence of alcohol. Local police in Kent arrested them and charged them with the local equivalent of DUI.

3. A hipster unicyclist in Brooklyn intentionally consumed an entire bottle of Vodka before performing a street act on his unicycle on a busy street. Several police officers watched him do this. Instead of arresting him, they clapped and cheered with the other passersby.

4. A man commandeered a Christmas float while under the influence of alcohol. He smashed into a second float, battled officers, and hit another float before police apprehended and arrested him. In addition to DUI, he got gobsmacked with three dozen criminal charges.

5. As part of a hazing prank, 12 freshman rushes at a University of Mississippi frat crammed into a Dodge Dart. Police saw the swerving vehicle on a local campus road and pulled it over. The unlucky freshman driver had a BAC of 0.38% — over 4.5 times the legal limit for DUI in Pasadena.

6. In Uruguay, it’s legal to drive under the influence of alcohol. In several other countries, the offence is a capital crime. Unlike here in Southern California, where a Pasadena DUI without injury is generally a misdemeanor, in some parts of the world, you can literally be put to death for DUI driving.

7. Nearly 20% of all currently serving members of the United States Congress and Senate have, at one point in their lives, been charged with driving under the influence.

8. The term “Three sheets to the wind” was coined by Teddy Roosevelt. When the ex-President toured the Amazonian jungle, he witnessed native tribesmen play a drinking game with three colorful sheets. The rest is history.

9. In Virginia beach, Virginia, if you let someone else drive your car while that person is under the influence, you can get a DUI charge, too, even if you were just standing and watching!

10. For reasons that scientists have yet to understand, lefties are far less likely than righties to get arrested for DUI, even accounting for the fact that there are fewer lefties in the population.

Need help with your Pasadena DUI defense? If so, connect with the Kraut Criminal & DUI Lawyers today. Attorney Kraut is an ex-prosecutor and Harvard Law School educated attorney with a fantastic track record for helping clients like you put up a robust defense.

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We’ve covered some pretty hairy and scary Pasadena DUI mug shots on this blog. cat-cora-video-dui-pasadena-defense-attorney.jpg

Even if you’ve been hiding under a rock over the past decade, you likely still remember Nick Nolte’s grizzled DUI visage from several years ago. He looked like he had just gotten out of bed.

On the other end of the spectrum, you probably also remember Cat Cora’s humdinger of a mug shot from last year. The host of Iron Chef and “Around the World in 80 Plates” got stopped for DUI in Santa Barbara last July, after she bumped another vehicle from behind.

Her unusually gorgeous mug shot likely made the folks at TMZ literally dizzy with excitement over how many website hits they would get. Even though Cora said she only consumed three beers before she got behind the wheel, breathalyzer test results found her BAC to be a whopping 0.19%. Just for comparison: The legal limit for Pasadena DUI is 0.08% BAC, as defined by California Vehicle Code Section 23152 (b).

Maybe Cora miscounted her beers. Or maybe her breathalyzer test had been off.

In any event, she later apologized for what happened in a statement: “I deeply regret my decision to drive that evening, after my designated driver became unavailable. I learned a very important lesson from this experience and take full accountability for my actions.”

That sober, reflective Cora was very different from the Cora that surfaced recently in a video taken right after the crash. The people inside the car that Cora hit shot some crazy footage of Cora, who apparently glibly dismissed their request for insurance information. “Just because I bumped your car?” she asked, indignantly.

She didn’t stop there:

“I’m being videotaped by two nerds who don’t want to go have dinner together … do something exciting with their lives … really … wow … sad.”

This kind of over-the-top reaction is surprisingly common in DUI cases in Pasadena and elsewhere. It’s not that offenders want to get into more trouble or hassle people. It’s that they are scared, confused, and emotionally ginned up. If, like Cora, you said or did “bad things” after your stop, do the right thing now and start researching effective legal help as soon as you can.

Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers is here to help you gather yourself, make sense of the charges, and resolve your stresses, anxieties, and concerns. Get in touch with Mr. Kraut and his responsible Pasadena DUI legal defense team today for much needed peace of mind.

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Pasadena-300x225When you got arrested the first time for driving under the influence in Pasadena, you wrote if off as a fluke.

Perhaps you had one too many drinks while chilling with old college friends at the Cheesecake Factory in Old Pasadena. Or maybe you had a few glasses of wine with some college professors at Caltech… and the rest is history. You got behind the wheel when you shouldn’t have driven, and you got caught and punished.

But this time is different.

Now that you’ve been arrested twice for DUI in Pasadena (or elsewhere in the Southland), you’re getting more concerned. Maybe the problem really IS you. Maybe it wasn’t a one-time thing. This scares you. After all, as much as you want to avoid penalties for recidivist DUI in Pasadena–such as jail time, forced fines and fees, mandatory interlock ignition device installation, compulsory probation, and on and on–you know that your situation could have been a lot worse.

You could have seriously hurt or even killed someone while DUI. Then you would have been charged with a much more serious crime, such as vehicular homicide or even DUI murder because of your past criminal history.

It’s easy to beat yourself up.

And the very fact that you’re taking time to read this article and reflect on what you did (and why you did it)…that’s a very positive sign. But you now need to translate this concern into effective, positive action, not only so that you avoid punishment–or at least minimize it–but also so that you better fulfill your responsibilities as a driver and as a citizen of Southern California.

Often, the root cause of why we behave in certain ways is difficult to identify.

For instance, you might blame your DUI problems on your impetuous nature–your natural devil-may-care attitude. But other psychological “stuff’ could be going on below the surface, breeding problems and stirring up trouble. For instance, maybe you were recently fired or divorced. The stress is driving you to self-medicate through drugs or alcohol. Unless and until you deal with that underlying emotional hurt in a constructive fashion, you might continue to feel helpless and use an element, like alcohol, to manage your pain.

Don’t expect to solve your psychological puzzle in a single day. But do put some awareness on the problem. Strive to be compassionate with yourself–to treat yourself as a human being with legitimate needs. At the same time, do everything you can to avoid getting into a similar situation in the future. Recidivist Pasadena DUI offenders face extended jail time, fees, fines, and dire consequences for your license, insurance, and reputation.

You should also consider getting in touch with an experienced Pasadena DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers. Attorney Kraut is a highly respected, well connected DUI lawyer who worked well over a decade as a prosecutor before turning his attention to criminal cases. He and his team can help you unpack what’s gone wrong and figure out effective solutions.

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When celebrities (or their spouses or children) get arrested for driving under the influence in Pasadena, people notice. There’s a reason why sites like TMZ.com generate boatloads of internet traffic. For whatever reason, people find themselves intuitively fascinated by the lives, lifestyles, and flaws of famous people.Tracy-Mourning-dui-pasadena.jpg

To that end, perhaps you can learn a few lessons regarding Pasadena DUI defense while analyzing the news.

In that context, let’s consider two recent celebrity DUI arrests.

The first concerns basketball superstar Alanzo Mourning’s wife, Tracy Morning. Police pulled her over in Miami, near San Servano Avenue and Old Cutler Road, after she failed to stop completely at a red light. The officer told her that he had seen her speed through the light. Allegedly, she winked but did not deny the charges. He then gave her a field sobriety test after smelling alcohol on her breadth and arrested her.

Alanzo and Tracy have been charitable givers over the years: a local high school is even named for the couple. Her arrest came as an unwelcome 42nd birthday present for Alanzo.

Meanwhile, Hayley Hasselhoff, daughter of international TV star, David Hasselhoff, got arrested for driving under the influence and speeding over the Christmas holiday. Worst part is, Hayley is only 20 years old. That means prosecutors could really go after her. If convicted, she could be forced to spend up to half a year behind bars. Hayley’s mother, Pamela Bach, was also arrested for DUI--twice, actually–once in 2009 and once in 2010.

These celebrity cases may seem somewhat entertaining to casual readers. But if you personally face Pasadena DUI charges, and your life is in shambles–you’re probably a lot more empathetic.

Truth be told, no one is ever prepared for a DUI charge. It wasn’t like your life was on “pause” before your arrest (or accident). Ever since the arrest, you’ve been scrambling to pick up the pieces, pay your bills, deal with important logistics in life, and so forth.

The team here at the Kraut Criminal & DUI Lawyers can help you, no matter how complex, dynamic, or confusing your case seems right now. Attorney Kraut is an extremely experienced former prosecutor, who maintains exceptional relationships with local law enforcement, judges, and other attorneys who are on “the other side.”

As a Pasadena DUI defense lawyer, Mr. Kraut can help you investigate your charges, challenge breath test results, and strategically fight back against whatever the prosecution throws your way. Connect with Mr. Kraut and his team today for effective counsel to meet your Pasadena DUI defense challenges.

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Okay, this is a weird one — one of the strangest Pasadena DUI news stories of 2013, so far. weird-pasadena-dui.jpg

According to CBSLA.com, last Friday, police arrested a 22-year-old suspect in Panorama City for driving under the influence after a late morning slow speed chase. When the young driver pulled over, police observed him inhaling balloons full of nitrous — a recreational drug that can cause hallucinations, problems with depth perception, nausea, and other unpleasantness.

Per Lieutenant Mitzi Fierro, “when the officers initially approached [the driver], he appeared to be greatly intoxicated. He was rocking back and forth in his vehicle. He continued to inhale the gas in the balloon.”

Alarmed and obviously concerned for their own safety, officers eventually shot bean bags through the passenger side window to subdue the 22-year-old. Then broke the window with a baton, dragged him from the vehicle and arrested him for driving under the influence at around 11:15 AM.

The young man was taken to a local hospital for treatment. His father told the media that he has a history of drug use.

The story illustrates what we’ve been discussing a lot recently on this Pasadena DUI blog: namely, that defendants who get into “hot water” with authorities at a DUI checkpoint (or wherever) often make spur of the moment, dumb decisions. These “bad calls” endanger their own lives and the lives of others and also get them into serious legal trouble.

For instance, perhaps you hit someone with your vehicle while coming back from a cocktail party. Instead of stopping and exchanging information – i.e. doing the right thing – you drove off, hoping no one would recognize you. But then the police tracked you down and arrested you not only for the DUI but also for a hit and run. DUI suspects often make less than stellar decisions, like trying to elude police, fighting police, lying to police, and so forth.

It’s human to make mistakes. As human beings, when we get into a hole, sometimes we lack the sense and good judgment to “stop digging.”

This much is obvious. But what is not so obvious — for many Pasadena DUI defendants — is that you may STILL be digging that hole. Even though your arrest is concluded, you still run the risk of doing “dumb things” with respect to your case, such as missing your license suspension hearing.

Appreciate that you have an opportunity, even now, to turn things around.

The team here at the Kraut Criminal & DUI Lawyers understands how stressful and confusing it feels to get arrested. But you might be surprised by your strategic options. This doesn’t have to be the end of the world.

Connect with former city prosecutor Michael Kraut about your Pasadena DUI. The Harvard Law School educated Kraut and his team can provide a no nonsense, compassionate consultation about your case.

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As someone who’s recently been arrested for driving under the influence in Pasadena, you’re probably worried about being classified with far more aggressive, recidivist offenders in people’s minds. Maybe you’re a student at UCLA who just “did something stupid” after partying with friends out in Old Pasadena or having one too many drinks at the Cheesecake Factory. Or maybe you’re an executive who got arrested for Pasadena DUI unfairly (you believe) at a checkpoint. dui-murder-pasadena.jpg

In no way, shape or form does your case resemble the situation of Paul William Walden, a 31-year-old man who stands accused of driving into his girlfriend, a companion, and the girlfriend’s four dogs last July 16th. According to the Sacramento Bee, the accident – which occurred at 80 miles per hour (!) in broad daylight on a well-lit crosswalk – took the life of a 21-year-old man and killed all four dogs belonging to 23-year-old Gemily West. Last week, Walden pled not guilty to a spate of charges that included DUI, hit-and-run, vehicular manslaughter, and murder.

Walden had been a three time DUI recidivist.

The Sacramento Bee said he killed 21-year-old Harison Long-Randall, who was walking with Gemily and her dogs “in a well-lit Carmichael Crosswalk…witnesses said the car that hit Long-Randall and his girlfriend…was traveling at about 80 miles per hour and never slowed down before or after impact.”

The CHP arrested Walden several days after the accident. He had been driving under a suspended license. Since his arrest, he has been held in custody. Long-Randall’s parents, Chris and Gail, have attended all 18 hearings.

This is a very sad and difficult situation. We cannot obviously comment intelligently about the case without examining the evidence in detail. However, if you face a charge of driving under the influence in Pasadena, you may feel resentful that you would in any way be lumped in as somehow “the same” as someone who purposely ran over his girlfriend and her dogs and her companion at 80 miles per hour.

So what can you do?

One of the most resourceful steps you can take is to connect with an experienced Pasadena DUI criminal defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut spent a substantial part of his career (14+ years) working for the city as a prosecutor. He rose to the level of Senior Deputy District Attorney before becoming a specialist in criminal defense. He knows what prosecutors typically do in cases like yours, and he can equip you to make a precise and accurate defense.

Your life ever since your arrest has been undoubtedly difficult and disconcerting. But you do not need to struggle with your uncertainties alone. Get in touch with the Kraut Criminal & DUI Lawyers today for a free consultation about your best next steps.

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Does a deep, emotionally charged knowledge of Pasadena DUI laws inoculate you against making bad decisions behind the wheel?pasadena-dui-can-happen-to-you.jpg

Your intuition might suggest that it would. You’d think that police officers, Pasadena DUI defense attorneys, legislators and the gadflies who advocate for tougher DUI sanctions might exhibit safer behind the wheel behavior than the average citizen. To be fair, no one has ever conducted a systematic scientific study to compare these types of groups – the “presumed responsible” people versus average citizens. However, anecdotal evidence certainly suggests that Pasadena DUI lawyers are human and prone to fallibility, just like everyone else is.

Case in point: consider the sad story of 40-year-old Jeffrey Gallup, a former defense attorney who now faces his sixth DUI case. His latest arrest occurred back in September in Highland, Utah, just half a year from his previous DUI conviction. A police officer saw Gallup swerve, and he pulled the ex-attorney over for an equipment violation. The officer told the court that he smelled alcohol on Gallup’s person and noted that he had “glassy eyes” – both traditional symptoms of Pasadena DUI. (As regular readers of this blog know, other symptoms include loss of motor coordination, aphasia, inability to do physical tasks, inappropriate emotional reactions, etc.)

Gallup initially refused a DUI blood test after failing his field sobriety tests, so officers had to get a warrant to put him through the paces of a blood test. The former attorney racked up a BAC of 0.09% — over the legal limit for DUI in Pasadena and elsewhere of 0.08%.

Gallup faces a third degree felony count, since this was not his first DUI charge. As we’ve discussed many times, prosecutors do not take kindly to recidivist offenders. They have legal tools that they can use to amp up your charges and put you behind bars for far longer.

Gallup’s situation dramatically highlights that knowledge of the law – on a level far deeper than 99.9% of the population will ever enjoy – is simply not enough to inoculate you from making dumb decisions behind the wheel.

Fortunately, you can recover from what’s happened to you and turn your life around. Look to Pasadena DUI criminal defense lawyer attorney, Michael Kraut, of Pasadena’s Kraut Criminal & DUI Lawyers to help you build a potent case. Attorney Kraut is an ex-prosecutor. His perspective as both a criminal defense lawyer and a former prosecutor gives him a competitive advantage over other Pasadena DUI attorneys and law firms.

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When you recently got pulled over and arrested for a Pasadena DUI, you cringed at the feeling of déjà vu. This was not your first arrest for such a crime, and you remember how emotionally fraught and exhausting the 1st rehabilitation was for you.pasadena-dui-9-duis.jpg

If you get arrested and convicted for driving under the influence in Southern California multiple times, a rapid and a terrifying escalation in your punishments can ensure. For instance, the first time you get a standard Pasadena DUI, you might face fines and fees, some jail time, forced alcohol classes, and a CA license suspension. All very unpleasant stuff, to be sure.

But if you collect 3 DUIs within 10 years, prosecutors can leverage the law to transform what would ordinarily be a misdemeanor into a felony count!

This means that you could go to jail for over a year — instead of for just a few days — for the same exact crime… just because you’re a recidivist.

Notwithstanding the consequences that can ensue if you break Pasadena DUI law multiple times, some drivers just can’t help themselves. In fact, last week not one but two different Montana men made national news over their ninth DUI charges.

Up in Billings, 51-year-old James Alan Tate, pled guilty to misdemeanor and felony DUI counts as well as charges of driving without a license and driving without insurance. Local police in Billings, Montana stopped him on October 10 at South 28th Street and gave him a breath test. He allegedly scored an incredibly high BAC of 0.361%. That’s over 4.5 times the legal limit for Pasadena DUI, per California Vehicle Code Section 23152, which makes it a crime to drive with a BAC of just 0.08% or above. Tate had been convicted of DUI eight times between 1985 and 2011. He will be sentenced on January 24.

Meanwhile, out in Polson, Montana, 45-year-old Todd Burland faces his ninth DUI charge, after he led local police on a car chase on US Highway 93. The “fun” ended when Burland drove into Flathead Lake. Amazingly, the suspect still had some fight in him — he tried swimming away from police officers, who had to don water gear to fish him out of the lake and arrest him. He faces not just a felony DUI charge (ninth offense) but also charges of violating his probation.

You obviously want to deal with your issues before they escalate any further. The team here at the Kraut Criminal & DUI Lawyers in Pasadena can help you understand your defense options and construct a strategic response not just to the present charges but also to the long-term crisis in your life that’s led you towards recidivism.

Attorney Kraut is a former prosecutor who is deeply sympathetic to the Pasadena DUI defense experience and who is well schooled in the methods and tactics of prosecutors. His unique vantage – combined with his Harvard Law School education – can give you an excellent chance of success.

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