Articles Posted in San Gabriel Valley DUI Defense Attorney

If you’re a multimillion dollar entrepreneur, who can afford a 2010 Porsche Panamera, you’d probably be able to handle a Los Angeles DUI arrest with a fair amount of grace. Right?george-boedecker-crocs-founder-DUI.jpg

Not necessarily.

Being rich, famous and well-connected does not inoculate you from behaving like a raving toddler. When those red and blue police lights light up behind you, anything can happen.

Case in point: George Boedecker, the founder of Crocs. The 51-year-old shoe mogul got arrested a few years ago in Colorado, after a witness saw him passed out behind the wheel of his black 2010 Porsche Panamera. According to the Denver Post, when police arrived, Boedecker greeted them with a slew of profanities. Reports from both TMZ and the Huffington Post suggested that Boedecker was on quite a blue streak that night:

• Per TMZ: “he told cops to “f**k” themselves “in the a**”;
• In response to a request for his address, he allegedly said “I have 17 f**king homes”;
• He also told police officer that he was dating pop singer Taylor Swift — his “really f**king famous” girlfriend;
• At first, Boedecker claimed that she (Swift) was driving the vehicle, but then the officer asked the shoe mogul where she was. He said “Nashville”… and then called Swift “bad s**t crazy.”
• In addition to being uncooperative, Boedecker exhibited other symptoms of being DUI. The police arrested him, his protest that he “knew [his] f**king rights” notwithstanding.
• In response to a request to complete a field sobriety test, Boedecker responded “I am not doing your f**king maneuvers”;
• He even told one police officer that he was “his enemy for life” and earnestly hoped that the officer would “f**king die.”

The DUI was not the first time Boedecker had run into problems with the law. Back in 2006, he called his sister’s ex-husband and threatened him, allegedly saying “I’m going to slit your throat.” After that, he was arrested and charged with threatening bodily injury and misdemeanor trespassing.

Ironically, he also heads up a philanthropy group, the Boedecker Foundation, which, per the foundation’s website, has “a broad charter to empower communities and inspire positive change around the world.”

Boedecker no doubt easily made his bond of $500.

But the most delicious piece of irony comes from the website The Smoking Gun, which said that the officer who tagged him for DUI said he was wearing flip-flops – not crocs!

Did you do “dumb stuff” after your Los Angeles DUI stop?

If so, appreciate that you’re not the only one in history to have “screwed up.” That said, the actions that you take now (or fail to take) can have an outsized effect on your ability to avoid jail time, and reduce your overall pain and frustration.

A Southern California DUI defense attorney at the Kraut Criminal & DUI Lawyers can help you get a handle on what your charges mean and what you can do to fight back against them. Connect with Harvard Law School educated Kraut and his experienced team now for assistance.

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

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

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

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

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

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

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

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

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

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Sports fans – particularly baseball fans – have not had a good 2011, at least judging from the news stories picked up on by Glendale DUI blogs (and other blogs that follow sports and celebrity criminal behavior). 37-year-old Atlanta Braves pitcher Derek Lowe was arrested on April 28 in a suburban Atlanta neighborhood. (Lowe signed a four-year contract worth $60 million prior to the 2009 season.) derek-lowe-dui.jpg

A new videotape has emerged – obtained by the AP from the Georgia Department of Public Safety – that shows the star pitcher arguing with police officers “repeatedly saying he was not drinking or racing.” According to the tape, Lowe insists that he had not been racing at 90 miles per hour: “Who am I trying to race? Why would I want to race anybody? I live two blocks from here.” The officer who pulled him over retorted furiously “quit trying to lie to me…do you want to start telling the truth now or do you want to keep lying to me?”

Celebrities who face charges of DUI in Burbank, Glendale DUI, Pasadena DUI, and driving under the influence in Los Angeles or elsewhere in Southern California often contend with this extra problem – how will officers react once their true professions are known?

According to a USA Today article on the Derek Lowe video, the pitcher “seemed reluctant” to bring up the fact that he played for the Braves. After being pressed, he responded “I play baseball and once you say you play baseball, you are already guilty. I play for the Braves, so there you go.”

Although Lowe’s charges were dropped several weeks after his arrest, the pitcher made a public apology and generated some clearly unwanted attention for his team and his sport. Lowe’s experience illustrates that there are many ways during the Glendale DUI arrest process to compound a bad situation and make it even worse. If you get into an argument with a police officer, resist arrest, leave the scene of an accident, lie or conduct yourself in an appropriate manner, your Los Angeles criminal defense attorney may have a more challenging time getting your charges dismissed or getting them pled down to lesser offenses.

Many clients have had wonderful experiences working with Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Lead Counsel Michael Kraut spent many years as a Los Angeles city prosecutor – striving to convict DUI offenders. Now, as a criminal defense lawyer, he brings his impressive credentials and knowledge of prosecutorial tactics and mindset to help his clients.

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Last week, Jani Lane – the embattled former singer of the band Warrant – was finally sentenced for his Woodland Hills DUI of May 9th. The hair band singer pled no contest to charges and got 120 days in jail. He was also ordered to spend 30 months in an alcohol education program, and his license will be suspended for three years. As this blog reported when the “Cherry Pie” singer got arrested two months ago, the officer who stopped Lane for driving under the influence in Los Angeles was the same cop who busted him for his last Southern California DUI in 2009. (If you recall, for that misdemeanor charge, Lane got three months in alcohol school and three years probation).jani-lane-dui-jail.jpg

The rocker’s jail sentence comes on the heels of other major breaking news in the celebrity Los Angeles DUI world – actor Chris Klein (of American Pie fame) may be facing jail time for his 2010 Southern California DUI arrest. And, of course, unless you’ve been living under a rock, you no doubt read that Lindsey Lohan finally checked into jail last Wednesday after being sentenced for violating probation associated with her 2009 Los Angeles DUI arrest.

What happens when people like Jani Lane get arrested multiple times for driving under the influence in Burbank, Woodland Hills, or really anywhere else in Southern California?

In short, the court has leeway to impose greater and greater penalties every time you get an additional conviction, as long as your previous DUIs occurred within the past 10 years. A first time offender in a typical case might be charged with a misdemeanor. The court could impose 48 hours minimum jail time – as well as a maximum of six months in jail. Remember, that’s without any other complicating factors, such as an injury. 1st time fines can max out at $1000 on top of court costs. You can get a 1-year driver’s license suspension, mandatory alcohol school, probation, and – as of July 1st — mandatory interlock ignition device installation.

Second time Woodland Hills or Burbank DUI offenders get increased mandatory jail time – at minimum, four days; at maximum, 6 months. Your mandatory DUI alcohol school time goes up to 18 months, and your driver’s license suspension goes up to two years. Your fines and court costs will also bump up.

After a third, fourth, and subsequent DUI convictions, you face incremental increases in your penalties as well as the potential for the court to elevate what would ordinarily be a standard misdemeanor Southern California DUI to a felony charge.

All this is to say that, if you face charges similar to Jani Lane’s, you probably want to consult with a credentialed Los Angeles DUI lawyer ASAP.

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Thomas Dekker — the star of the short-lived TV series: “Terminator: the Sarah Connor Chronicles,” was arrested on Wednesday for driving under the influence in Los Angeles. According to a report from the celebrity blog, the 21-year-old actor slammed into a bicyclist and was booked on charges of felony DUI in Southern California. The accident took place at around 9 PM in the San Fernando Valley. Dekker’s being held on a bail of $100,000.thomas-dekker-dui.jpg

It’s unclear from reports how serious the bicyclist’s injuries are; nor is it clear whether Dekker himself suffered injuries or whether any property was damaged.

Given the serious consequences associated with a conviction for felony DUI, Dekker will likely require the services of a qualified and experienced Los Angeles DUI attorney.

California Vehicle Code Section 23153 (a) mandates that, in the event that a DUI driver causes injury to another person or persons, his charge may be elevated from a misdemeanor to a felony. California Vehicle Code Section 23153 (b) outlines many of the penalties that can result from a felony DUI conviction. These can include fines and court costs, jail time, forced restitution to victims, and loss of other privileges and licenses.

That being said, a felony injury Los Angeles DUI conviction is by no means guaranteed. The prosecution must meet a heavy burden of proof. First of all, the prosecution must show that the defendant had been driving with a blood alcohol concentration of 0.08% or greater. Second, the prosecution must show that the defendant had committed some act of negligence or traffic violation that caused the accident that resulted in the injury.

To illustrate this point, let’s consider a scenario in which a driver is DUI. But then a bicyclist blows through a stop sign and drives right in front of his car. The cyclist gets hit and injured. In this case, the driver can be convicted of a misdemeanor DUI, since he was under the influence. But he shouldn’t be convicted of a felony injury DUI, since he had been obeying the traffic laws; the bicyclist provoked the accident by driving negligently.

As you can see, DUI legal issues can come become incredibly complicated. To make sense of your rights and obligations, you need to analyze and investigate. That’s why many defendants trust attorney Michael Kraut to provide savvy guidance. Prior to representing criminal defendants, Attorney Kraut spent years prosecuting Los Angeles DUI cases — essentially working for the “other side” — and he leverages his intimate knowledge of the prosecutorial system to deliver superior results time and again.

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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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