Articles Posted in Vehicle Code 23152(a) and 23152(b)

Your Burbank DUI arrest might have been pretty “garden variety.” burbank-dui-134.jpg

Maybe you blew a 0.13% BAC on a breath test, after spending the night drinking and playing pool at Burbank Town Center. A sheriff saw you swerve on Hollywood Way, while you were driving to an after-party at an acquaintance’s house.

Or maybe you crashed into a sign while getting off the 134.

Your case is a huge deal to you. Depending on what happens with the charges, you could have to confront the loss of your California driver’s license, and you may face substantial jail time, fees and fines, hikes in your insurance rates, and other mayhem.

That said, odds are that your case is pretty “run of the mill.” In fact, you might be surprised by how similar your Burbank DUI case is to others. When you study large numbers of Burbank DUI cases, the results are stunning. People tend to misbehave in the same ways.

So is there anything new under the sun?

Definitively: yes! The details of each case ALWAYS matter.

• Tiny details can determine, for instance, whether the court accepts or rejects the results of a blood alcohol test that found that you had twice the legal limit for Burbank DUI, per CVC 23152(b);
• Tiny details can mean the difference between whether the court will let you off with or without jail time;
• Tiny details can mean the difference between whether this will be your one and only Burbank DUI arrest… or whether this event will signal a downward spiral in your life towards more criminal behavior.

Understand these two paradoxical truths about Burbank DUI:

1. Most DUIs are pretty similar to one another;
2. The details always matter in DUI cases.

So what should you do?

The answer is simple: sweat the details. Understand that no one can predict which small choices that you make (or fail to make) will affect your life. So to the extent that you can make good “little choices,” do so!

• Take time to be selective about your Burbank DUI criminal defense lawyer. Don’t just choose the first random name that you find on Google or choose an attorney that your third cousin recommended because he saw an advertisement several years ago.
• Choose a DUI defense law firm that has good values and credentials.
• Take action immediately to begin your defense. Don’t wait several days or weeks.
• Understand your arrest in context. Spend some time mulling over why you got in trouble. Address the root cause of your arrest, not just the superficial cause, so you can avoid trouble next time.

In life, if you get the “little things” moving in the right direction, the big things will often, spontaneously, move in that direction too. Connect with a Burbank DUI defense lawyer at the Kraut Law Group today to build your effective defense.

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Joe Morgan, a wide receiver for the New Orleans Saints, was arrested recently for driving under the influence (not in Burbank) but in way out in Jefferson Parish, Louisiana. joe-morgan-dui-burbank.jpg

The 25-year-old had been driving without a license on Earhart Expressway. when his vehicle became disabled. A state trooper found Morgan asleep in his car, near Causeway Boulevard. The trooper woke up the football star and asked him to get out of the vehicle. Police said that Morgan appeared intoxicated: he swayed on his feet, smelled of alcohol, and had bloodshot eyes. As regular readers of our Burbank DUI blog know, those are the precise symptoms that indicate that someone’s been driving under the influence in Burbank.

Other common symptoms include:

• Acting in an emotionally volatile manner;
• Telling contradictory stories;
• Failing field sobriety tests, like the stand on one leg test, the horizontal gaze test, the walk the line test, and the count backwards by 3s from a 100 test.

Police also use more “scientific” methods to determine whether you’re drivingDUI in Burbank. But even blood tests and breathalyzer tests are not fool-proof. Errors, mis-calibrations, misinterpretations, and misreporting can throw off results substantially.

Getting back to Morgan’s case…the trooper arrested him after finding that his blood alcohol concentration was 0.218%. That’s 2.5 times the Burbank DUI legal limit (as defined by CVC 23152(b)). Morgan was booked at Gretna Jail and released later after making a $1,150 bond.

When public figures, like professional football players, break Burbank DUI laws, they are often excoriated in the news. That’s understandable. Sports figures and celebrities are role models. When they break the law, it leaves a bad taste in the public’s mouth. Of course, there’s an incredibly diverse spectrum of DUI offenses, ranging from the obviously egregious and terrifying to the “innocent and just barely across the line.”

What to Do about Your DUI Defense in Burbank
First of all, no matter what happened, you’re entitled to a sound and fair defense. The team here at the Kraut Law Group can help you effectively strategize to protect your rights and maximize your chances of a positive outcome. Attorney Kraut is by no means an apologist for DUI drivers. In fact, he worked for 14 years as a prosecutor, during which time he actively and passionately prosecuted crimes like DUI.

In fact, police officers often call on attorney Kraut at the Kraut Law Group for help when their close family and friends need help with issues like Burbank DUI defense. Get in touch with the Kraut Law Group today. We can help you understand your rights and advocate for a successful outcome in your case.

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Getting arrested for driving under the influence in Burbank is a monstrously embarrassing and challenging experience. burbank-dui-arrest-again.jpg

You probably don’t want to think about the assortment of punishments that prosecutors can seek, such as extensive jail time, weeks of compulsory alcohol school, mandatory IID installation in your car, fines and fees, intensely restrictive probation terms, and, of course, the suspension of your California drivers license for a year. And that’s just if you committed a minor crime — one that did not involve injuries, other charges, or a past criminal history!

You can obviously understand why someone would want to celebrate the lifting of such restrictions – the finalizing of a Burbank DUI case. Unfortunately, some people take such celebrations too far.

The results can be quite ironic.

Consider, for instance, what happened to Riverside Illinois resident Erin James, a 58-year-old woman on the verge of getting her driver license back — a court suspended it back for a 2012 DUI. But James got ahead of herself, according to CBS Chicago. Riverside police pulled her over for speeding at around 2 a.m., the night of the end of her suspension. The officer suspected that she was DUI, and he put her through the paces of field sobriety test. She failed and later tested to have a BAC of 0.15%. (For those of you keeping score, that’s nearly twice the Burbank DUI limit of 0.08%.)

The bad news did not end there, for James.

After checking her driver’s license, police found that it was suspended in 2012. James also did not have a mandated interlock ignition device (IID) in her car, which was supposed to stop her from driving while under the influence.

Police handcuffed and arrested the woman and hit her with the charge of felony aggravated driving under the influence of alcohol. A very serious charge. As you probably already know, a felony can be punished with a jail sentence in excess of a year. Convicted felons permanently lose many rights that most people take for granted, such as the right to vote in elections. Plus convicted felons often struggle to get loans, secure housing, find employment, et cetera.

Depending on the nature of your Burbank DUI charge, you, too, may face a felony, particularly if you hurt someone else while behind the wheel. The California Vehicle Code has actually a special section just for injury DUIs – 23153(a) and 23153(b). This CVC section is very similar to 23152 (the standard DUI misdemeanor), except that it elevates what would normally be misdemeanors to felonies.

Whether your Burbank DUI arrest was “ironic” or not, or “newsworthy” or not, you have a lot of work to do, legally speaking and otherwise. You want to forge an effective, appropriate, responsible Burbank DUI defense, but you’re not sure exactly how to start the process.

Get in touch with the reputable, results-focused team here at Burbank’s Kraut Law Group. Mr. Kraut is an ex-prosecutor who has a long, successful track record of helping defendants like you meet their charges effectively and smartly.

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Breaking Hollywood DUI news — Linda Hogan, ex-wife of WWE Star, Hulk Hogan — has plead guilty to charges that she drove on the influence in October 2012.linda-hogan-dui-hollywood.jpg

The reality star had publicly and vigorously claimed innocence, asserting that she “had only drunk one glass of champagne,” before police stopped her on the westbound 101 in her black Mercedes Benz. At the time, her BAC tested at 0.084% — just over the legal limit for Hollywood DUI (0.08%), per CVC 23152(b).

In exchange for Hogan’s guilty plea, prosecutors agreed to drop one of the two misdemeanor DUI charges against her. She also got three months of alcohol classes and three years of probation.

Hogan (whose real last name is Bollea) starred with the Hulk (a.k.a. “Terry Bollea”) in the short-lived but much gossiped-about reality show, Hulk Knows Best. Their show – and marriage – ended in 2007. Linda then commenced a relationship with a 23-year-old, Charley Hill. They briefly got engaged, but then broke it off.

One reason why Hogan’s arrest caused so much ruckus in the blogosphere is that it coincided with the release of Hulk Hogan’s sex tape on YouTube. The 59-year-old Hogan was filmed performing a sex act with Heather Clem, former wife of DJ Bubba The Love Sponge, Hulk’s best friend.

Linda expressed shock about the sex tape. She said she found it “a little twisted,” especially because the Hogans, Clem and Bubba the Love Sponge had all been close friends.

So essentially: private and public theatrics galore.

Of course, if you’ve recently been arrested for DUI in Hollywood, you‘re probably less interested with the tabloidy exploits of realty stars and wrestlers then you are with building a sound and rigorous defense. After all, Hollywood DUI charges – even first time charges – can be punished with jail time, probation, license suspension, mandatory alcohol school, compulsory interlock ignition device installation, fines, fees, and more.

To build an intelligent, energetic defense, talk to the team here at the Kraut Law Group today. Mr. Kraut is a former prosecutor with 14 plus years experience on the “other side,” and he can adeptly represent Southern California criminal defendants.

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Your Glendale DUI arrest is not going to go over well with the folks at work, or at least so you’re afraid.fight-with-boss-after-pasadena-dui.jpg

Perhaps you already were struggling at work — on the verge of getting demoted or even fired. Once your employer finds out about the arrest – particularly if you hurt someone while DUI in Glendale – you may lose your main source of income, another horrible blow after what has already been a traumatic experience.

Even if you keep your job, you might face backlash from your coworkers and even from clients. You want to avoid lying about your experience — and even if you wanted to lie, you also may not be able to, particularly if you were arrested in spectacular fashion or if you seriously hurt yourself or someone else while DUI in Glendale.

So what can you do?

First of all, give yourself credit just for reading this article and beginning the thinking process about how to address the issue. Yes, you made mistakes. Yes, you’re in trouble and you’re rightly worried about the “snowball effect” of your DUI – i.e., how many other areas of your life will the DUI arrest impact in a negative fashion?

But you might be surprised by what you can accomplish by being compassionate with yourself and being strategic about how you proceed. For instance, depending on your employer and the nature of your relationship with him or her, you could address the issue upfront and ask for guidance:

“Ms. Hankins, I’ve come to your office to tell you that I got arrested over the weekend for driving under the influence in Glendale on a misdemeanor charge.

I can’t really say much about my case right now, but I deeply regret what happened and I’m working with an experienced Glendale DUI criminal defense lawyer to figure out what to do. I want to tell you this upfront, because I value my role at this company and I didn’t want you hear the news from someone else. I am committed to getting the appropriate help and coming out of this experience stronger. I would obviously love to keep working for this company. Tell me what you think about how to go forward.”

Even if you think that your boss “won’t understand,” you might be surprised by what people are capable of, when you’re honest and forthcoming.

Of course, so you want to avoid putting the cart before the horse. First, get insight into your Glendale DUI case by connecting with the Kraut Law Group. After attending Harvard Law School, attorney Kraut spent nearly 15 years as a prosecutor for Los Angeles (working his way up to Senior Deputy District Attorney), before switching over to represent criminal defendants. He and his team can give you the resources and insights to manage not only work-related challenges (flowing from the DUI) but also other challenges, such as the imminent license suspension, jail time, mandatory alcohol school, mandated interlocking ignition device installation and so forth.

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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 Law Group 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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As our regular Glendale DUI blog readers know, the system by which DUI suspects get pulled over, investigated, arrested, and prosecuted is – shall we say – less than perfect. dui-glendale-software-problem.jpg

We all collectively assume that the situation isn’t “that” out of control. Sure, perhaps breathalyzer tests aren’t perfectly calibrated. Perhaps the occasional Glendale DUI suspect suffers violations of his or her Constitutional rights. But, by and large, the system works well.

Maybe we need to reconsider such assumptions!

Why?

For evidence, look to our sister state of Arizona. An error at the Scottsdale crime lab in Scottsdale Arizona may have put hundreds of DUI cases (stretching back to 2009) in jeopardy of being overturned. You read that right: hundreds.

According to a local attorney, Craig Rosenstein of the Rosenstein Law Group, the software that measures the blood alcohol test of suspected Scottsdale DUI drivers is glitchy – in a big way.

This attorney claims that this glitch has led to being people being wrongfully convicted, and many more could be wrongfully arrested/convicted unless the problem gets resolved.

The local police department, for now, is standing by the software and its crime lab. A spokesperson told reporters “We have met or exceeded the rigorous standards set by the American Society of Crime Lab Detectors.”

The Scottsdale Police will soon confront the accusations in Superior Court.

Do you believe that your Glendale DUI was a mistake? If so, you might feel deep pangs of sympathy for Christy Allen Lee, a single mom of two, who was wrongfully arrested for DUI. Lee told reporters “[the night of the arrest, I was] talking business, shared one bottle of sake, and I didn’t drive until four hours later.”

But when the police pulled her over, her blood test came back showing she had a BAC of nearly twice the legal limit (both Scottsdale and Glendale DUI legal limits are 0.08% BAC).

Lee recounted her harrowing ordeal: “I sat up all night panicking. Here I am, single mom of two, barely getting by as it is, now I’m charged with something I didn’t do. Pretty terrifying.” Not only did Lee spend thousands of dollars out of pocket fighting the charges, but she also lost her job.

Of course, it’s impossible to weigh in on this situation without closely examining the evidence (pro and con) regarding the alleged glitch. But the story does lead into a topic we’ve addressed on this Glendale DUI blog multiple times. And that’s that defendants often put way more faith in the so-called “objective” evidence of their DUIs than the evidence merits. (We’ve spilled a tremendous amount of virtual ink discussing the limitations of breathalyzer tests, for instance.)

Unpacking the truth about your Glendale DUI

For help understanding what really happened during your Glendale DUI arrest, get in touch with Attorney Michael Kraut of the Kraut Law Group today. Mr. Kraut is not only an ex-prosecutor (he served 14 plus years as a Senior Deputy District Attorney), but he is also a widely respected figure in the Los Angeles criminal defense community, and he has appeared as a guest authority on DUI for the Los Angeles Times, KTLA News, and the New York Times.

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Hopefully, you’ve taken our first Beverly Hills DUI “true or false” quiz. If not, skip back to the previous post to do so. Today, we’re going to test your knowledge of DUI trivia yet again by giving you another 11 scenarios and letting you guess which ones are true and which are false.goat-dui-defense-attorney.jpg

1. Police have arrested people for driving under the influence:

• on motor scooters (driving at 6 miles per hour);
• on pink electrical Barbie cars (driving 3 miles per hour);
• on skateboards;
• on lawnmowers;
• on adult tricycles;
• and on tiny pocket bikes!

2. After consuming a dozen beers, an Amish man “got behind the wheel” of a horse-drawn buggy and promptly got arrested for driving while intoxicated. He apologized, calling himself a “bad amish.”

3. During a party at Kappa Delta Sorority in Missouri, a 20-year-old woman consumed 20 “non-alcoholic” beers for her birthday and then got behind the wheel of a car. She was pulled over by police and tested to have a BAC of 0.06% — a BAC spike driven entirely by the small amounts of alcohol in the supposedly “non-alcoholic” beverages! (For reference, the legal limit for Beverly Hills DUI is 0.08% BAC, per CVC 23152.)

4. Out in Indiana, a man who was severely under the influence of alcohol hijacked a plane to show off to his girlfriend. He was so out of it that he missed the runway and had to make an emergency landing in a field of soybeans. Unsurprisingly, he was arrested.

5. One of the earliest Barnum & Bailey Circus attractions featured a stuntman, whose act involved drinking a flaming bottle of rum while riding a lion bareback. During one show, the stuntman caught the lion’s mane on fire, prompting the big cat to throw him off its back, killing him in front of a packed house. Curious fact: The stuntman was a former police officer!

6. Like something out of “A Fish Called Wanda,” a man hopped into a steamroller while significantly under the influence of alcohol. He then proceeded to ram the steamroller into a nearby car, in an attempt to flatten it. Police stopped him and arrested him for DUI.

7. The highest blood alcohol concentration for anyone ever stopped for a DUI in Southern California (or elsewhere) was 1.67% BAC. The woman lapsed into coma, but she miraculously recovered from a BAC level more than three times what’s normally considered a lethal BAC level.

8. Out in Spain, a disabled man who had a yen to visit a local house of prostitution drove his mechanical bed down the streets, while under the influence. Police stopped and arrested him.

9. If you bring any amount of alcohol into the state of Utah — unless you are a licensed dealer of said alcohol — you can be arrested and charged with a crime.

10. The winner of the 1994 Iditarod Dog Sled Race in Alaska had his championship crown stripped, when race officials discovered that he had been drinking whisky while driving his dogs through the finish line.

11. In Soviet Russia, Joseph Stalin’s KGB ran a secret program that encouraged agents to drink vodka and then drive around the streets of big cities, like Moscow and Leningrad, to terrify the populace and make people crave the “law and order” of the regime.

Hopefully you enjoyed these DUI curiosities. If you need assistance dealing with a recent Beverly Hills DUI charge, please connect with the experienced, highly capable team here at the Kraut Law Group. Mr. Kraut is a former Senior Deputy District Attorney for Los Angeles (a high level prosecutor) who worked in that capacity 14 plus years. He and his team can help you construct a vigorous defense.

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You got involved in a serious Glendale DUI accident. glendale-dui-climbing-back.jpg

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 Law Group;
• 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.

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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.
diehl-dui-burbank.jpg

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 Law Group. Our experienced Burbank DUI defense team can help you plan a smart course of action and deal with your charges strategically.

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