Los Angeles DUI Attorney Blog

April 23, 2013

Al Michaels, Sportscasting Icon, Busted for DUI in Santa Monica

If you’ve recently been arrested for DUI in Santa Monica, you have company — famous company. In particular: legendary sportscaster, Al Michaels, who was busted last Friday night, after he made an illegal U-turn right in front of a police manning a DUI checkpoint.

The officers quickly pulled over the Sunday Night Football play-by-play man and gave him a blood alcohol test. Curiously, he was right at the cusp of the legal limit – 0.08% BAC exactly. Apparently, he was extremely nice to the officers, and he cooperated. Nevertheless, they booked him on suspicion of DUI and held him behind bars for five hours before releasing him on his own recognizance. NBC Sports spokesman, Greg Hughes, said “we are aware of the situation and we have been in contact with Al…we have no further comment at this time.”

The Emmy Award winning sportscaster has a court date on June 26th.

Michaels is probably best known for calling the so-called “miracle on ice” hockey game at the 1980 Olympics (where the U.S. team underdogs triumphed over the Soviet Union) as well as calling Game Three of the 1989 World Series, which got interrupted by an earthquake.

Santa Monica Police Department’s public information officer, Sgt. Richard Lewis, recounted the events for the media: “[Michaels] makes an illegal U-turn in the business district…two officers see that. They are staged in a gas station lot, they see the illegal U-turn, and they go after him.”

Lewis said that, after they stopped him, they “smelled alcohol” and put Michaels through the paces of a field sobriety test.

The Santa Monica PD put out a news release on April 12 announcing a driver’s license/DUI checkpoint on Friday (at an undisclosed location), citing the fact that “over the course of the past year, traffic collisions involving impaired drivers/riders were involved in 91 collisions, which have killed 3 and injured 28 people.”

Figuring out what to do after your Santa Monica DUI arrest

Whether you got behind the wheel while returning from a day at the Pier and Promenade; or got stopped on Montana while coming back from a Hollywood exec’s private party, you’re anxious about your future. You want straight talk about what to do next.

Fortunately, Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. is standing by to help you untangle your mess and give you sound strategic DUI defense advice. Get in touch with the former Senior Deputy District Attorney and Harvard Law School educated Kraut today to craft a resilient defense.

April 21, 2013

Bobby Brown Los Angeles DUI Redux — My Prerogative to Wear an Ankle Bracelet?

by Michael Kraut

Driving DUI in Los Angeles just doesn’t pay. And celebrity musician, Bobby Brown, would probably be the first to tell you why.

After pleading no contest to October 2012 charges in February, Brown finally received his sentence: 55 days behind bars and an electronic surveillance ankle bracelet. Although Brown only served 8 hours in “real time” behind bars – due to prison overcrowding and other factors – he will still need to spend 18 months in alcohol treatment program and go to AA meetings three times a week.

As we reported when his arrest happened, 2012 was a very rough year for Brown. Not only was he arrested twice for driving under the influence in the Valley – once on March 26th, when CHP officer saw him chatting on a cell phone while driving (also a no-no) and once on October 24th – but he also lost his ex-wife Whitney Houston, AND he endured less than thrilled reviews of his first big music project in many years.

All that said, time does heal wounds. It’s spring time now — a time for rebirth and positive reckoning.

Even if you really screwed up and injured yourself while driving under the influence in Los Angeles – and/or committed other illegal acts, such as hit and run, resisting arrest, etcetera, DUI — you can reboot your life. You can leverage the experience of the arrest/accident to become a better human being, more insightful about yourself, and even a better driver.

Of course, DUI defense can get complicated, particularly if your case is challenging. If you hurt someone while driving DUI, for instance, you could be facing felony charges per California Vehicle Code Section 23153(a) or 23153(b). Likewise, if this was your second or third arrest, prosecutors might be far less lenient on you. You may face steeper fines, greater problems with your insurance, a longer license suspension, more time in alcohol school, and beyond.

To get a handle on what you need to do, get in touch with a Los Angeles DUI defense lawyer at the Kraut Law Group Criminal & DUI Lawyers, Inc..

What sets attorney Kraut apart from the crowd?

First of all, he is a former high level prosecutor – he served as a Senior Deputy District Attorney. That means he understands prosecutors on a very deep level.

Secondly, he has great relationships with many people in the Los Angeles legal and police community, and he also has a Harvard Law School background and deep sense of compassion and service.

He genuinely cares both about protecting his clients and serving the community.

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 15, 2013

Long Beach DUI News Update: Sad Case of South Beach’s Party Princess Takes Quirky Turn…

by Michael Kraut

In a recent Long Beach DUI post, we told the terrible story of 20-year-old Karlie Tomica, a self-described “party princess” in South Beach who allegedly hit and killed a chef while under the influence then fled the scene of the accident.

Tomica’s story made national headlines for many reasons. It wasn’t a “typical” DUI hit-and-run homicide case. For instance:

• Tomica allegedly had a BAC of over three times the legal limit for Long Beach DUI, 0.08% BAC, which is already pretty high;
• Tomica ignored a motorist’s frantic plea for her to pull over after the arrest, and police finally arrested her at her condo in Miami Beach;
• She fell asleep at the police station later and allegedly “snored loudly”;
• The 20-year-old called herself a “party princess” on Twitter.

After prosecutors got the toxicology reports in mid-February, they filed a DUI manslaughter charge against her. Now, Tomica’s lawyer is saying that the current judge should not be on her case because, from her statements, she had “pre-judged [Tomica] guilty.” Judge Migna Sanchez-Llorens said that Tomica “made choices to drink” — indicating that she [the judge] may not provide the young woman a fair trial.

Without diving deep into the facts and arguments (and counterarguments) of this case, it’s impossible to assess the intelligence of this defense strategy.

As any reputable Long Beach DUI defense lawyer will tell you, there are no one-size-fits-all rules for how to proceed. That’s why you want to find a lawyer who has both the experience and knowledge to help you manage your situation.

If you’re confused about how to proceed with your defense, get in touch with the team at the Kraut Law Group Criminal & DUI Lawyers, Inc. today to discuss your options and to plan an effective, thorough and strategic response. Michael Kraut is a former Long Beach DUI prosecutor who spent 14 years on the other side of criminal cases, as a Senior Deputy District Attorney for Los Angeles.

Find out more about Attorney Kraut and his credentials on this site, or call today to set your consultation about your Long Beach DUI.

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 Law Group Criminal & DUI Lawyers, Inc.. 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 Law Group Criminal & DUI Lawyers, Inc.;
• 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 5, 2013

When Someone You Love Refuses to Get Help After a Long Beach DUI

by Michael Kraut

You are at your wits’ end and also very sad. Someone you love dearly recently got arrested for DUI in Long Beach, and that person — at least to you — seems to be living in denial.

As you are no doubt aware, after you get arrested and charged according to California Vehicle Code Section 23152 (a) or 23152 (b) — or per the injury DUI CVC Sections 23153 (a) or 23153 (b) — you need to act quickly, strategically, and decisively to protect your rights.

You may only have days, for instance, to contest the suspension of your California driver’s license. Evidence that could help exonerate the Long Beach DUI defendant — or at least make the prosecution’s case more challenging — may disappear or be forgotten.

So you need to get “on it” quickly. But the person whom you love — who faces the charges — is acting maddeningly nonchalant. Perhaps he or she has yet even to consult with a Long Beach DUI defense lawyer or even begin researching legal options.

You want to help him, but there is only so much control that you can exert over a full-grown adult. Here are some insights to help you make progress:

#1. Strive to empathize with the Long Beach DUI defendant.

Imagine if you had been arrested. No doubt, you’d feel scared, overwhelmed, angry both outwardly and inwardly, and a lot of other feelings, none of them good. Whenever you’d dwell on the arrest, those feelings would come up. So it makes psychological sense (at least) to just pretend like things aren’t really happening.

#2. The person may have a challenging relationship with you.

For instance, maybe you’re the parent of a UCLA or USC student who got arrested for DUI in Los Angeles. That student might worry that you’ll stop paying tuition or take away the car. The person may not even be willing to listen to your plea because of these fears.

#3. You cannot be sure exactly what’s going on.

Scientists have done plenty of research into what motivates us (and what demotivates us) from taking empowering actions. But each situation is different. One defendant might refuse to get help because he’s in denial. Another may refuse to get help simply because she doesn’t realize the nature of her legal bind.

This puts you in a difficult situation. You want to help, but you are not exactly sure how to approach the person or otherwise assist.

Above all else, strive for compassion. Be compassionate with the person. Be compassionate with yourself. You’re going through a lot as well, even though you won’t face jail time or other punishments. Appreciate that you have the kindness and sense of responsibility to offer help. Reflect on the Serenity Prayer.

And consider connecting with Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc., directly, for help with your Long Beach DUI defense. Attorney Kraut can suggest solutions for you and your family.

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

March 25, 2013

Not a Good Adventure for Bonaventura: Constable Charged With DUI… Implications for Your Los Angeles DUI Defense?

by Michael Kraut

As someone who was recently arrested and charged with driving under the influence in Los Angeles, you’re feeling pretty sheepish and scared and regretful.

You wish you had use more common sense — handed the keys to a friend or associate or just cabbed it home. As much as you want to take responsibility for events — and speak with an experienced Los Angeles DUI attorney, ASAP — appreciate that you’re not the first person who’s ever been in this compromised position.

Plenty of other, normally law abiding folks get into DUI trouble in Los Angeles all the time. In fact, if you’ve been following our blog for any length of time, you’ve read endless accounts of celebrities, sport stars, politicians, and even legislators who’ve been busted for DUI.

Even police officers get in trouble for the crime!

Case in point. Consider the sad story of 50-year old John M. Bonaventura, the head of the Constable’s Office for Las Vegas Township. A Nevada highway trooper pulled over Bonaventura on US 95 near Boulder Highway, after he saw the “official constable vehicle” driving pell-mell all over the freeway.

Bonaventura’s speeding and DUI charges are actually just the tip of the iceberg.

Commissioners for Clark County (the home of Las Vegas — a.k.a. the “City of Sin”) are about ready to abolish the entire Constable’s office, which employs over 20 deputies. These officials perform work ranging from serving paperwork to evicting people. According to a local paper, the Las Vegas Review Journal, critics have hammered the Constable’s office for “creative accounting practices that circumvent county oversight, as well as for filming a profanity-laced pilot for a reality television show.” (quote from an AP article)

Perhaps the deputies were jealous of the modern day Keystone Cops on Reno 911. Maybe they didn’t realize that that show is actually a fictional comedy.

On a more serious note, as a Los Angeles DUI defendant, you may or may not have been negatively affected by police errors or bad police behavior. The vast majority of officers in Los Angeles County are hardworking and fair. Yet you should pull out all the stops during your Los Angeles DUI defense — investigate any angle that could lead to a reduction in your sentence or a dismissal of the charges.

Of course, this is no small task, even for experienced attorneys. Fortunately, you can turn to former city prosecutor Michael Kraut and his team at the Kraut Law Group Criminal & DUI Lawyers, Inc. in Los Angeles for adept, thorough, and insightful guidance on your case.

Mr. Kraut has a special vantage on L.A. DUI cases because he served for nearly a decade and a half as a prosecutor. He maintains good relationships with his old prosecutorial colleagues as well as with other key people in the system.