San Fernando DUI Defense Attorney

June 19, 2013

How Much Damage Did Your Beverly Hills DUI Cause? This Guy’s Cost $60 Million!

Even a first time Beverly Hills DUI misdemeanor conviction can lead to substantial jail time, hundreds of dollars in fees, required installation of an IID device in your vehicle, and mandatory alcohol classes.

Your insurance rates may also go up precipitously. (Imagine if you had to pay $2,000 or $3,000 or more every year in car insurance… just because of your DUI!)

These costs don’t even touch on the harder to measure indirect costs, such as a job loss, trouble with your marriage or key relationships, and so forth.

But even if your Beverly Hills DUI accident caused a LOT of damage — for instance, maybe you fishtailed off Wilshire and smashed into the facade of the Beverly Hills Hotel — what you did wouldn’t hold a candle to what John Cota did.

On November 7, 2007, Cota, a 60-year-old ship captain, plowed a tanker containing 53,000 gallons of oil into a bridge’s support tower… while DUI and/or on drugs. The accident drenched the San Francisco Bay in oil, destroyed tons of wildlife (literally), and tarnished beaches for miles around. Officials later said the crash caused the deaths of 2,000 birds and cost the local government $60 million to clean up.

Cota took a test two hours after the accident. Police failed to find intoxicating substances in his blood, although recent evidence suggests that he had been taking a variety of medications for migraines, anxiety, and pain. These meds easily could have interacted to interfere with his driving/boating performance. Coast Guard officials later suggested that Cota’s prescription medications likely impaired his judgment. (If you or someone you know has been arrested for drug DUI in Beverly Hills, the team here at the Kraut Criminal & DUI Lawyers can help.)

Eight years prior, Cota was booked on DUI charges. His struggle with alcohol and his history of taking strong medications are both well documented.

Picking Up the Pieces After Your Beverly Hills DUI: What Will YOUR Punishment Be?

In the abstract, it’s practically impossible to even “ballpark” what your Beverly Hills DUI punishments might be. Factors that the justice system will take into consideration include:

• Your previous DUI history (if you have any);
• The severity of the crash;
• Your BAC level;
• Whether you committed other crimes while DUI, such as hit and run;
• Whether you got overly aggressive with police officers;
• Whether the officers calibrated and conducted your BAC and blood alcohol tests correctly and Constitutionally.

No legal team can guarantee results, but your choice of Beverly Hills DUI lawyer can matter – substantially. Connect with a former prosecutor and highly educated Beverly Hills DUI attorney, Michael Kraut, for insight into your situation and help moving beyond your humiliating and scary experience.

May 15, 2013

Jury Doesn’t Give a Hoot about Hoot’s defense – Montana Man Convicted of 13th DUI. Burbank Repeat Defendants, Pay Attention!

by Michael Kraut

As someone who’s recently been arrested for driving under the influence in Burbank (or somewhere else in the Southland), you may be facing your second or third (or worse!) DUI charge within 10 years.

The California justice system is not exactly “soft” on recidivists.

As you probably already know, a Burbank DUI conviction – even a misdemeanor one, in which no one got hurt and no other crimes were committed – can lead to jail time, alcohol school, a year of license suspension, mandatory IID installation in your car or truck, humiliation, insurance problems, fines and fees, disruption to your life, and a criminal record.

As you rack up more and more Burbank DUIs (within a 10-year period), prosecutors can choose from a more diverse and brutal catalogue of punishments, including enhanced fines and fees, more jail time, longer probation, longer alcohol school, longer license suspension, and even special punishments.

To illustrate, let’s say you just got your third DUI charge. Under normal circumstances, you probably would only face a misdemeanor – perhaps a few days in jail, fines and a suspension. But because this is your third time, prosecutors could turn that misdemeanor into a felony charge. Now, if you’re convicted, you could face a year behind bars as well as the prospect of being forever stripped of key rights, such as your voting rights.

Convicted felons have a much harder lot in life – trouble finding employment, getting leases approved, and securing housing.

Consider all those consequences in light of a jaw-dropping story out of Billings, Montana.

A Yellowstone County District Court just convicted 54-year-old John Harvey Hoots of his 13th DUI. You read that right. That’s not a typo. Hoots was arrested on July 31, 2012, just six weeks after he had gotten out of prison, after serving a decade for his 12th DUI conviction.

Hoot testified that he was trying to escape from an angry neighbor, when police arrested him for DUI. According to multiple witnesses, Daniel Belmarez called police at 7 in the evening to say that Hoots had “dropped his pants to the ground and exposed himself …a second call to 911 was made about 15 minutes later by Belmarez’s mother, who said Hoots had returned and made a gesture indicating he had a gun.”

The police showed up, just as Hoots hopped in a pickup truck to take off. Police stopped him and arrested him, after discovering that he had a BAC of 0.20%. For those of you keeping score, that’s precisely 2.5 times the Burbank DUI legal limit, per California Vehicle Code Section 23152.

Hoots defense rested on “he said, she said” argument. Hoots said that Belmarez threatened him with a gun and that he had no choice but to flee in his truck. Hoots’ attorney asked him: “did you believe that if you didn’t leave their [presence] that Mr. Belmarez would cause you serious bodily injury and kill you?” Hoots replied that he did and that he was “very scared.”

Prosecutors rejoined that Hoot’s claim had no credibility. Even though evidence of his prior DUI convictions – the checkered criminal history – was not allowed, the jury still didn’t buy his story.

Obviously, we can’t really comment about the strategies involved, without delving into the details of the case. But the case illustrates something very important: To build an effective Burbank DUI defense, you need to be credible. Avoid “making stuff up,” not just out of fear of perjury but also out of respect for the law and a need for good ethics.

If you strategically approach your case the right way, you might be surprised by the amount of leniency the judge (or jury) might give you.

Of course, it takes skill and experience to build a strategic case. Fortunately, the Burbank DUI defense attorneys at the Kraut Criminal & DUI Lawyers have that experience, and they are standing by to take your call and help you feel more prepared about what’s going to happen to you next.

May 8, 2013

Ridiculous Long Beach DUI Exploits: DUI Suspect Ignores Officer’s Pleas to Pull Over…and Heads to Burger King Drive-In, Instead!

by Michael Kraut

At first blush, many of the Glendale DUI stories that we’ve recently reported on sound almost made up – as if they were something ripped from the pages of The Onion (Jim Anchower’s “The Cruise” column, perhaps?)

But sometimes real life is actually more ridiculous than satire.

Case in point: According to the Sandusky Register, a 34-year-old man, Scott Sims, is in big trouble not just for allegedly driving under the influence but also for ignoring a police officer’s order to stop…and instead rolling up to Burger King to order a hearty, greasy meal.

The officer told reporters: “the operator was observed to have his window down and to be placing an order with the restaurant…I ordered the subject two times over my PA system to pull out of the drive-thru line.” Eventually, a Perkins Township officer flagged Sims down. The man confessed that he was “f**ked up” and agreed that “I should have just rode my bike to Burger King, but I was too hungry.”

Sims refused to take a breathalyzer test. He was arrested on multiple charges, including operating a vehicle under the influence, speeding, violating the open container law, and driving under suspension.

Not very good news for Sims.

In the abstract, it’s easy to snicker at this situation – to make fun of what happened. However, if you recently got arrested for driving under the influence in Glendale, you’re probably more sympathetic.

Why?

Because you know – from personal experience – what that incredible stress and heightened emotional state feels like. Even rational, professional people often make grievously bad decisions during and after DUI stops because of the animal-like emotional state that overtakes them.

Consider, for instance, the video footage that just emerged of Cat Cora’s DUI behavior. The Around the World in 80 Plates hostess called the people whom she rear-ended – while DUI in Santa Barbara with a 0.19% BAC! – “two nerds.”

Cora and Sims’ strange responses to their DUIs make more sense when you look at their stories in context. If you peruse the archives of our Glendale DUI blog, you will notice that story after story features a similar plotline:

1. Suspect does something stupid (like drives DUI);
2. Suspect compounds that stupidity by evading arrest, commiting a hit and run, saying dumb things to officers, and so on and so forth.

The question is: Now that you are sober and contemplative, what can you do? How can you respond smartly to your Glendale DUI charges?

Every situation is different, and the team here at the Kraut Criminal & DUI Lawyers is prepared to help you approach your situation systematically and alertly. Get in touch with ex-Senior Deputy District Attorney Kraut and his team now to schedule your free consultation.

May 1, 2013

Lucky for Yovani Gallardo, Brewers Pitcher Got Arrested in Milwaukee, Not Burbank, for DUI

by Michael Kraut

A first offense for driving under the influence in Burbank is punishable as a misdemeanor (or felony if you hurt someone). But a first time DUI in Wisconsin is just a citation.

That’s probably very good news to Yovani Gallardo, a pitcher for Milwaukee Brewers who was busted last Tuesday on a Milwaukee highway near Miller Park. His BAC – at least according to a breathalyzer test – was a monumental 0.22%.

To put that in perspective (long time readers know this), that’s nearly thrice the legal limit for DUI in Burbank of 0.08%. A local sheriff said that Gallardo was swerving between lanes on the freeway. He was going substantially under the 55 mile per hour speed limit (around 40 miles per hour), which can be a “red flag” for police officers. While some DUI drivers speed, others go way too slowly – either approach can be extremely dangerous and cause accidents.

The Brewers released a statement re: Gallardo’s arrest: “we have expressed our disappointment to him and he understands that behavior of this nature is of great concern to everyone in the organization. Yovani has acknowledged the seriousness of this incident and is taking full accountability for his actions.”

The 16-game winner (from 2012) lost a brutal battle to St. Louis just three days before his arrest. His ERA in 2013 stands at an unfortunate 6.61. Gallardo is not the only Brewer who’s struggling. The team as a whole racked up 32 consecutive innings without scoring before their Tuesday game. They have the worst record in the Central Division. Gallardo will have to pay fines for unsafe driving and DUI driving. But certainly worst things could have happened.

So how do you defend against a Burbank DUI charge?

The answer obviously depends hugely on the minute details of your arrest.

In some cases, it might make sense to challenge the breathalyzer test results. For instance, say you blew 0.10 or 0.09% – i.e. you were just above the cusp for DUI. If you’re also diabetic or on a strange diet that could have affected your breath ketone levels (ketones are chemicals that can interfere with breath tests), you and your Burbank DUI defense lawyer might think long and hard about whether to challenge the results.

On the other hand, if, like Gallardo, you blew 0.22% BAC, you’re going to have a much harder time breaking down the breath test (unless you can find some flagrant problem with it, such as a major calibration error or police incompetence/unconstitutional move). That doesn’t mean that “all hope is lost.” But it does mean that you need to calibrate your defense sensitively to the specifics of your arrest, your criminal background and other “you specific” factors.

Fortunately, a thorough, highly knowledgeable Burbank DUI defense attorney with the Kraut Criminal & DUI Lawyers can help you. Get in touch with Attorney Michael Kraut and his team right now to get started on the path to rehabilitation and getting your life back.

April 19, 2013

Note to Prospective Burbank DUI Defendants: Make Sure Your Story is Plausible! (Lessons from “Teen Mom” Farrah Abraham’s DUI Arrest)

by Michael Kraut

When you got arrested for driving under the influence in Burbank, you might have been tempted to “fight back” against the police or engage in destructive (perhaps illegal) behavior.

Hopefully, you restrained yourself from making your situation worse.

For an object lesson about what can happen, let’s take a look at the recent DUI arrest of “Teen Mom” star Farrah Abraham. The 21-year old mother (of a 4-year old girl) got busted for DUI in Nebraska on St. Patrick’s Day. She “fought cops tooth and nail” – literally – according to TMZ reports.

April 10, 2013

Burbank DUI Sports News: Drake Britton, Star Pitcher for Red Sox, Socked with DUI in Fort Myers, Florida

by Michael Kraut

Some disappointing Burbank DUI sports news: 23-year-old Drake Britton, a left-handed pitcher for the Boston Red Sox, got arrested on March 2 for driving under the influence in Fort Myers, Florida.

According to the arrest report, Britton made multiple mistakes that may make his case legally fraught and complex. A USA Today article said a deputy saw him speeding and tried to pull over the promising young leftie. Britton then smashed his car into a curb and bulldozered over a fence. Eventually, he stopped and admitted to the deputy that he had been drinking.

The Red Sox later released a statement saying that the team took Britton’s arrest “very seriously, and it’s being addressed…Fortunately, in this case, there was no one injured, but the bottom line is that it’s a very serious issue with us.”

Britton paid a $2,250 bond.

Did we mention that he’d been traveling at 111 miles per hour? That’s pretty fast!

Unless you’re racing at NASCAR or tooling your vintage Mercedes around on the Autobahn, 111 mph is way, way too fast.

What’s really tragic – at least for Britton – is that he was just about to start in the Big Leagues, after years of struggling through the Minors. He got drafted way back in 2007 in the 23rd round. Even though he accrued a losing record with Boston’s Double-A Portland team (4-7 with a 3.2 ERA) last season, he had wrangled a chance to play in “The Show.”

So why did he drive under the influence and potentially wreck not only his car but also his career?

This question would obviously be impossible to answer unless you spent time understanding his personal situation and his psychology.

But it speaks to the diverse causes of Burbank DUI behavior and accidents.

According to cutting-edge psychological research, stressful situations – both negative AND positive – can drive us to self-medicate with alcohol or other substances.

Unless and until you address the root stress or frustration, then you may never fully get rehabilitated. You thus may be at an increased likelihood of getting arrested again, in the future, for driving under the influence in Burbank or elsewhere.

If that happens, your problems can mount.

A misdemeanor Burbank DUI is a serious charge, and it can result in the stripping of your California driver’s license for a year, jail time, court costs, fines, insurance spikes, tough probation terms, and worse. When you get arrested a second or third or even fourth time within a 10 year period for DUI in Southern California, prosecutors can pile on more and more charges, and your life can spiral downwards and out of control.

To get a grip on what’s caused your turmoil — what caused you to make less than strategic decisions about your driving or to say dumb things to the officer who pulled you over for DUI -– look to the Kraut Criminal & DUI Lawyers. Michael Kraut is an experienced, compassionate, and thorough Burbank DUI defense attorney who has helped many people in similar situations protect their rights and get a fair second chance.

April 8, 2013

Involved in a Horrendous Glendale DUI Accident? Life Feels Out of Control?

by Michael Kraut

You got involved in a serious Glendale DUI accident.

You survived the event. Not everyone who drives DUI in Glendale does. But even if your event involved no injuries and/or vehicle damage, you’re frightened about your future, your freedom, your reputation, your license, whether or not you will have to serve jail time, and on and on.

You keep churning over different scenarios in your head, each one more worrisome than the last. All you keep thinking about is “how much worse will this all get?”

In the abstract, no one can really say.

However, you have the ability — right now, while you are reading this article — to begin to reverse your negative fortunes and to start to rebuild. That’s not intended as Pollyannaish, ridiculous type of positive thinking. If your life is deeply troubled on many levels, you cannot “turn it around” overnight or by reading one inspirational passage. In fact, the quest for that kind of quick “cure all” for life’s problems is often at the root of so much destruction.

That said, you CAN immediately start to make incremental changes to your habits, behaviors, and beliefs that, over long swaths of time, will lead you to better places.

Here’s a good analogy. Imagine that your “elevation above sea level” is equivalent to your “emotional state.” So if you stand in Death Valley or the Dead Sea, you are “emotionally low.” If you stand on top of a mountain, you are “emotionally joyful.”

When you’re standing in Death Valley, you can’t get to Mount Everest by making one giant leap. You make incremental progress towards higher land. Instead of trying to jump to the top of a mountain, you just start to walk in the direction of the peak and focus on the individual steps you need to take to get there.

Success in many different endeavors — including Glendale DUI defense — is a lot like that.

When you start to make “good” decisions, find the right mentors, and engage in purposeful and positive action, over time, your odds of success increase. They are obviously not guaranteed. You can do everything right and still wind up, by some kind of fluke, suffering a lot. Conversely, you can, by random chance, get lucky.

That’s why there is no such thing as a “cure all” — because life and nature are irreducibly random at some level. But you can start making a conscious choice to walk towards the proverbial mountain:

• To consult with an experienced Glendale DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers;
• To go in for counseling to find out what’s at the root of why your life is so stressful on so many levels;
• To start to be kinder and more compassionate with yourself;
• To improve your eating and exercise habits and take better care of your body;
• And so on.

Call Attorney Kraut to deal with your Glendale DUI charges now.

April 3, 2013

Finding Empowerment After Your Burbank DUI

by Michael Kraut

Your recent Burbank DUI arrest has proven to you, beyond all doubt, one thing: namely, that you are powerless over the effects of alcohol.

Or at least so you believe.

Narcotics, alcohol, and other substances can cause otherwise rational, compassionate, good citizens to engage in all sorts of wild and destructive behavior. The Jeckyl and Hyde nature of addiction has led to the creation of many myths about what alcoholism really is, what addiction is, what causes these problems, and what potentially has the chance to treat them.

According to Dr. Lance Dodes, a Harvard University addiction specialist, some of the ways in which we think about alcoholism (and thus Burbank DUI treatment) may be misguided. For instance, Dr. Dodes argues that the nearly universal advice given to addicts — to admit that you are “powerless” over alcohol — may do more harm than good. Dr. Dodes’s alternative thesis about addiction argues that addictive/compulsive acts are often attempts to reassert autonomy during bouts of helplessness.

For instance, addicts often feel better the moment they make the decision to have a drink or engage in other types of impulsive behavior — as opposed to when a particular substance hits their bloodstream.

The decision itself seems to have the calming effect. This implies that root cause is psychological as opposed to physiological.

Likewise, Dr. Dodes sites the fact that the soldiers in the Vietnam War had extremely high heroin abuse rates. But when these soldiers came back home, the vast majority of them managed to quit heroin easily and simply — an extremely low recidivism rate that could not be duplicated in domestic patient populations.

This suggests that something about the war itself was driving the men to use heroin — again, implicating psychological as opposed to physiological impulses.

A Burbank DUI defendant might do well at least consider this alternative perspective.

What drives you to make bad decisions? What are the thoughts that run through your mind prior to your making the decision, for instance, to take a drink or smoke marijuana or engage in other compulsive behavior? Are they thoughts along the lines of “I hate my job, I’m frustrated with my marriage, I’m angry because some guy cut me off in traffic, etc.”?

If so, perhaps you might find it resourceful to reflect on those potential triggers and find ways to empower yourself differently.

Of course, on the practical side, you also need to deal with your Los Angeles DUI defense. Connect with the team here at the Kraut Criminal & DUI Lawyers for attentive, thorough, and decisive help with your Burbank DUI defense.

April 1, 2013

Burbank DUI Sports News: David Diehl of the New York Giants Pleads Guilty to DUI Charges, Avoids Jail…

by Michael Kraut

Breaking Burbank DUI sports news — David Diehl, an offensive lineman for the New York Giants, has pled guilty to DUI charges, stemming from a June 2012 accident.

In early 2012, Diehl had been walking around with a shiny new Super Bowl championship ring on his hand. In early 2013, he’ll get to wear a SCRAM bracelet to complement that ring — a considerable step down, in terms of glory and pride.

According to the New York D.A., Diehl crashed his BMW after watching a soccer game at a bar. Police used a breath test to peg him at 0.182% BAC. (For those of you keeping score, that’s over 200% the Burbank DUI legal limit of 0.08%, as defined by California Vehicle Code Section 23152 (b)).

Per the guilty plea, Diehl will get to avoid jail time, provided that he stay out of trouble. He’ll have to dole out some cash — $300 in fines along with $1200 in restitution. And the special SCRAM bracelet will measure his alcohol consumption. Assuming he passes his six-month discharge program with flying colors — and passes through the NFL’s special substance abuse treatment program — his charges will be dismissed.

The 32-year old defensive lineman is obviously lucky to be alive. Many other people who get into Burbank DUI crashes (or crashes anywhere) end up dead or seriously injured.

Whether you are a sports celebrity, politician, or “working Joe,” the law entitles you to a thorough and sound Burbank DUI defense.

But how do you contrive and execute such a defense?

The answer is actually quite counterintuitive.

For instance, you might be under the impression that, if you blew a positive for DUI on a breath test, then you’re “stuck” with that positive reading. But depending on your circumstances, you may be able to challenge that number.

For instance, perhaps you’re on a ketogenic diet or you have diabetes. If so, chemicals on your breath may have interfered with the breathalyzer and led you to blow a “false positive.” Likewise, calibration errors, officer interpretation errors and other problems occur more commonly than most defendants (and even most police officers) appreciate.

For help unlocking the potential of your defense, connect today with the team here at the Kraut Criminal & DUI Lawyers. Our experienced Burbank DUI defense team can help you plan a smart course of action and deal with your charges strategically.

February 27, 2013

Reduce Your Risk of Burbank DUI by Reducing Your Commuting Time!

by Michael Kraut

Ever since you got arrested for driving under the influence in Burbank, you’ve been racking your brain. How should you handle your case? How can avoid ever again experiencing the humiliation of getting arrested? Here’s an intriguing and potentially hugely useful (over the long term) strategy for shielding yourself from further trouble:

Slice down your commuting time.

Whether you live in the Valley and commute to Sony to work on a production lot, or vice versa; you probably spend far too much time in your car stuck in traffic jams on the 101 or 134. You already hate driving, the entertaining DJs on KROQ notwithstanding. Statistically speaking, the more time you spend on the roads, the more likely it is that you will be involved in a Burbank DUI accident, either as a victim or as a wrongdoer.

It’s just simple math.

Especially if you drive late at night, when you chop down your commuting time, you reduce your overall exposure tremendously–not to mention add time “back” to your life.

The side benefits also include: you will burn less gas (save money), expose yourself to less pollution (better for your lungs and long-term health); and commit a not-insubstantial act of kindness towards the environment.

So how can you reduce your commuting time?

(Don’t worry, we’re going to get to Burbank DUI defense strategies in a second)

Here are some ideas:

1. Move a little closer to work.

You may only be five miles or so from work, but your morning and afternoon commutes can still take you upwards of an hour, depending on when you go and what horrifically clogged surface streets or freeways you choose.

2. Change up your work hours to make the commute less brutal.

3. Explore alternative routes to work.

Odds are slim that you’ve found the “ideal” routes to places around your neighborhood just by random chance. By finding shortcuts, you might shave off a few minutes every day on your driving time.

4. Shop more on the internet.

5. Do more grocery shopping in bulk (fewer trips to the store)

6. Carpool with friends.

7. Take public transportation from time-to-time.

Get creative to shortcut your route. Meanwhile, while you’re working on that, you obviously need to work on your Burbank DUI defense. The team here at the Kraut Criminal & DUI Lawyers is extremely experienced, compassionate, and well connected. Attorney Kraut is a Harvard Law School educated ex prosecutor. He really cares about educating defendants–not only about their rights but also about their resources. You want to get out of trouble and stay out of trouble for good. Find out more about attorney Kraut and his team here on this website, or connect with them today for a free consultation.