Los Angeles DUI Attorney Blog

May 14, 2012

Driving Under the Influence in Burbank (or Oregon): Can “Lost” Star Find His Way Out of This?

It’s more typical for celebrities to get arrested for driving under the influence in Burbank than to get tagged for DUI in some far-flung region like Oregon. But life can be peculiar. In the case of “Lost” actor Matthew Fox, that’s exactly what happened.

Last Friday, police pulled Fox over in Bend, OR, after he failed to signal and remain in his lane. The gossip site TMZ.com reports that Fox had been on his way to a fast food joint. Fortunately for Fox’s publicist, the mugshot machine at the local Oregon station was out of order, so there will not be a Nick Nolte or Mel Gibson style Los Angeles DUI celebrity mugshot to follow him around. Fox’s career also seems to be pretty solid: even though Lost is wrapped, he’s still getting work. He will be appearing in WORLD WAR Z, an epic zombie film produced by Brad Pitt.

Not too shabby.

Fox’s celebrity DUI is not his first – but he does have a small history of legal problems. Last August, he got into an altercation with a bus driver in Los Angeles; he allegedly punched her in the face. The bus driver then sued Fox, who countersued, saying that she hit him first. It sounds a bit like grade school – but with higher stakes for the winners and losers.

Celebrities and non-celebrities alike must obey the Burbank DUI laws. The most critical laws to know – whether you’ve personally been stopped for DUI, or someone you love or care about has been arrested – are California Vehicle Code 23152(a) and 23152(b). These govern the so-called “standard” Burbank misdemeanor DUIs. For instance, if you got stopped at a checkpoint on Victory Boulevard or pulled over on the 5 after a night partying downtown, the odds are that you will be facing a CVC 23152(a) or 23152(b) charge.

But if you cause injury to someone else, prosecutors have a special trick up their sleeves – they can elevate your charge and try to get you convicted of violating 23153(a) and/or 23153(b). You will have to look twice the difference between these two codes – thery’re just one number different! But the difference for you could be dramatic. Instead of a misdemeanor Burbank DUI, you could face a felony Burbank DUI. That means that, instead of facing just a few days or weeks in jail, you could face over a year behind bars… as well as the loss to the right to vote and massive “post-felony conviction” problems that can trail you for years, decades, or perhaps the rest of your life.

To get a handle on your challenges, and to make the most appropriate, strategic steps towards protecting your rights and eliminating uncertainty, connect with a tested Burbank DUI criminal defense attorney of the Kraut Law Group Criminal & DUI Lawyers, Inc. (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Mr. Kraut served honorably as a prosecutor of Los Angeles DUI crimes for more than 14-years in the capacity of a Senior Deputy District Attorney. Since he has experience as both the criminal defense attorney and a prosecutor, he understands the criminal justice landscape from different perspectives.

May 9, 2012

Racy Beverly Hills DUI Story – Katrina Darrell, Bikini Girl on American Idol, Busted for DUI and Hit and Run

by Michael Kraut

Last week was a shockingly salacious week for Beverly Hills DUI news. For instance, online gossip site, TMZ.com, broke a story that sent American Idol trivia fans into a tizzy. Apparently the “bikini girl” from the 2009 American Idol competition season – aka Katrina Darrell – was hit with some serious DUI charges. The situation sounds pretty intense for Ms. Darrell. If convicted, she could face two full years in jail!

 Police claim to have seen Darrell flee from the scene of an accident; they then pulled her over. She proceeded to take a breathalyzer test at the police station and blew 0.15% and 0.17% BAC readings. Those are pretty high readings – potentially more than double the standard Beverly Hills DUI limit of 0.08%.

Of course, it’s easy to read celebrity news reports like this and leap to conclusions about the defendant’s rightness or wrongness. Certainly, her history on American Idol suggests that she is not averse to taking risks and behaving a little wildly. But just because the DUI story seems to fit the “wild party girl” narrative that’s developed around her does NOT necessarily mean that it holds the whole truth – or even a shred of truth.

As with every Beverly Hills DUI arrest, there can always be complicating factors — factors that can make a situation significantly more or significantly less legally perilous. Until you really dive into a case, look at the evidence, explore statements, take a look at how the police did their work, examine the Beverly Hills DUI breathalyzer test results and field sobriety tests, etc, etc, you are going to be at a significant disadvantage.

After consulting with an attorney here at the Beverly Hills’ Kraut Law Group Criminal & DUI Lawyers, Inc. (8484 Wilshire Boulevard Suite 660B Beverly Hills, CA 90211-3220 Phone: (310) 550-6935), you’ll likely have far more clarity about your situation. Although no attorney can promise results in a case, attorney Kraut has earned a massive recognition from his legal peers. He’s worked as a successful prosecutor and a successful defense attorney. He has the connections, know-how, detailed understanding of the law, and in-firm processes and systems to get you results.

May 7, 2012

Glendale DUI Ridiculousness – East Haven CT Women Crashes into Liquor Store for Possibly DUI

by Michael Kraut

The typical Glendale DUI stop is pretty tame by objective measures. An outside observer might, for instance, see you get stopped at a check point and pass through an array of field sobriety tests and then get cuffed and taken away. Not that much excitement.

But some examples of DUI are shocking, unusual, and packed with coincidences.

Last week, for instance, a 63-year old woman, Sharon Brooks, careened into a local liquor store (which she frequented!) and smashed the shop up in a major way. The accident occurred at 2:30 p.m. in East Haven at the Yankee Discount Liquor on Foxon Road. According to local reports, the car drove “halfway into the store” and caused not only property damage but also injury to a store worker that was significant enough to require his hospitalization.

As regular readers of this blog know, if you injure someone while driving DUI in Glendale, you can be subjected to charges under California Vehicle Code 23153(a) or 23153(b) – charges which carry significantly more “heft” than do standard misdemeanor Glendale DUI charges per CVC 23152 (a) or 23152(b).

In any event, Ms. Brooks said that she had “a cold” and had taken Nyquil prior to the accident. She also said that she just gotten her car detailed and that her foot slipped off the brake due to the slippery Armor All treatment. Brooks told the reporters “I never had the whole inside of my car cleaned before and this time I did so it would look really nice, and my foot slipped off the brake.”

Will Brooks’ various defenses hold water? That remains to be seen. But before you judge either way, understand that most charges of driving under the influence in Glendale (or wherever) often hold subtle secrets – evidence that can help/hurt both sides.

The point is that, if you have been charged with the crime like this, you really put yourself at a huge disadvantage if you fail to connect with a Glendale DUI defense attorney, such as the Kraut Law Group Criminal & DUI Lawyers, Inc.’ Michael Kraut (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). A great attorney can explain your charges in context, help you construct an appropriate response, and deal with the nagging questions and concerns you have along the way. You can feel more focused, put up a stiff defense to the charges, and feel less anxiety about what’s going to happen to your car, your driver license, and your future.

May 2, 2012

West Hollywood DUI Not the Only Driving Disaster for Actress Amanda Bynes

by Michael Kraut

On April 6th, actress Amanda Bynes was arrested for driving under the influence in West Hollywood, after she banged into cop car while driving erratically. In retrospect, the warning signs were there. Back in March, Bynes got in trouble for fleeing a police officer, who had stopped her for chatting on her cell phone while behind the wheel. After that incident, she had to make an embarrassing trip to the police station to get her California driver’s license back.

Late last Sunday night, the 26-year-old attempted a three-point turn outside of SUR Restaurant in West Hollywood. She wasn’t arrested… but she certainly seemed “out of it,” according to a witness who spoke with the celebrity gossip magazine, People. Said the witness, “[Bynes was] holding up traffic and doing an incredibly slow three-point turn in the middle of Robertson… she looked wobbly – I guess, it could have been the heels since she was wearing sky-high nude pumps, but she did seem out of it.”

Of course, it’s easy for celebrity gossip columnists to jump to the worst conclusions about celebrity behavior. That’s basically their job. But driving under the influence in West Hollywood is a serious and sobering matter. If someone you love (or you yourself) recently got stopped for DUI in West Hollywood (or DUI near USC or UCLA or wherever), you are likely really concerned about your rights, your future, and your potential penalties.

As well you should be.

Penalties for even mild violations of California Vehicle Code Section 23152(A) or 23152(B) can run the gamut and can include strict probation terms, forced alcohol school, mandatory installation of an interlock ignition device (IID), fees, fines, and court costs, and, of course, jail time.

So what can you do?

Sound legal advice from an experienced Los Angeles DUI attorney can go a long way – not only towards helping you deal with the nuts and bolts of your legal defense but also in terms of giving you back some of your peace of mind. If you aren’t sure about whether you can drive your car or not; whether your insurance will skyrocket or not; whether you will have to serve jail time or not, and so forth, it will be very difficult for you to plan your life and return to emotional equilibrium. In fact, your being out of sorts can predispose you to make other lapses of judgment, which can potentially get you into hotter legal water.

A vicious cycle, indeed.

A West Hollywood DUI criminal defense attorney at the Kraut Law Group Criminal & DUI Lawyers, Inc. (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you plan for the future, understand your mistakes, and be maximally strategic in terms of your DUI defense. Attorney Kraut is a former city prosecutor (14-plus years experience). The Harvard Law School educated attorney Kraut deeply and diversely understands the problems that face defendants like you. He can help you regain a sense of equilibrium and stability.

April 30, 2012

Long Beach DUI News: Tragedy Out of Florida — Student Jumps to His Death After DUI

by Michael Kraut

The experience of getting arrested for driving under the influence in Long Beach is an experience that few people can really appreciate on a visceral, emotional level.

If you or someone you care about was stopped at a check point or arrested after an accident for DUI, your world probably feels upside down right now. No one expects to get a DUI. No one plans for it. But then, all of a sudden, you are tagged with one, and your life gets launched in a new, unexpected, and unwanted direction. And it wasn’t as if you had tons of time on your hands prior to your Long Beach DUI arrest or that your life was simple and carefree, either!

This preamble is an attempt to explain – or least put into context – a DUI-related suicide out of the University of Florida. 26-year-old Michael Edmonds, Jr., died the Sunday before last after jumping down the stairwell at the University of Florida’s Ben Hill Griffin Stadium. Edmonds had been arrested the day before on a DUI charge. The next day, a student heard a loud noise coming from the stadium and rushed in and found Edmond’s body on the sidewalk. She dialed the police while others arrived to assist, but Edmonds could not be revived. Obviously, the investigation is ongoing, and it would be premature and disrespectful to connect Edmond’s suicide with his DUI arrest.

April 25, 2012

Odds Are, Your Burbank DUI Arrest Didn’t Have This Much Drama (or At Least, Let’s Hope Not!)

by Michael Kraut

You recently got stopped for driving under the influence in Burbank – perhaps while thoughtlessly cruising on Olive after partying in Burbank Center.

Your life has been higgledy-piggledy ever since.

You are scared about possibly losing your license, serving jail time, paying fines and fees that you can barely afford, even though you live in the Valley and get a discounted rent (compared with what folks pay down in Westwood and Beverly Hills). You face a ton of drama.

Fortunately, your Burbank DUI drama almost certainly pales in comparison to an insane story out of the Washington D.C. area. Last Sunday morning, three men were arrested after a crazy police chase on the Germanna Highway. According to an NBC Washington News report, the mayhem all began at 2.30 in the morning, when a deputy stopped and approached a 1996 Ford Explorer. Instead of responding in an orderly fashion, the driver lurched the vehicle in reverse, slammed into the deputy’s car, and took off. The officer pulled his gun and demanded that the truck stop… but to no avail.

The Chase Is On
According to reports, the chase led across numerous local roads and highways, including Carrico Mills Road, James Madison Highway and beyond. Eventually, the Ford ran out of room on Auburn Road and drove into a ditch. But that wasn’t the end. David Lee Story, Jr., the 23-year-old driver, fled his vehicle. Police officers pursued him on foot and eventually wrangled him. He faces a monstrous battery of charges, including DUI, hit and run, and most disturbingly, felony assault of an officer. His two passengers in the Ford, Zuyan Zhang and Bradley Settle, were also arrested on charges of being drunk in public. They subsequently have been let go. Story Jr., on the other hand, is almost certain to face some seriously difficult months (perhaps years) ahead.

Story, Jr.’s story (sorry for the wordplay there) illustrates a very important truism about Burbank DUI arrests. Many drivers who get stopped engage in activities that needlessly and dangerously complicate their potential defenses and also put their own lives – and the lives of officers and innocents — at risk. If you have already been arrested for a complex Burbank DUI charge, you obviously cannot go back in time and undo the stupid things you did. You panicked, perhaps, and fled an accident scene or said dumb things to the police. So what now? What do you do?

The key is two-fold:

1. Recognize that the past is past: you cannot go back in time and erase your Burbank DUI.

And if you engaged in other dumb actions – such as a hit and run or an assault on a police officer – you also cannot change that. You can, however, respond to your present situation with compassion and wisdom. And that means working with a Beverly Hills DUI criminal defense attorney, like Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), and connecting with an attorney for insight into your problems as soon as possible.

2. You need to start making smarter decisions. As we’ve talked about in other blog posts, introspection and reflection can help you understand some of the problems that drove you to get in trouble with law in the first place.

It’s not as if there is nothing you can do about your current Burbank DUI. In fact, the actions that you take — whether you were arrested last night, last week, or last month — can help you improve your situation, fight for your rights, and rebuild. The first step is getting over the “activation energy hump” that’s blocking you from getting the help you need. Connect with Attorney Michael Kraut today, and let this seasoned former prosecutor guide your defense.

April 23, 2012

DUI in Los Angeles? “No Thanks” says Bobby Brown, “Not For Me”

by Michael Kraut

Last Monday, hip-hop icon Bobby Brown pled not guilty to charges of driving under the influence in Los Angeles and additional charges stemming from his March 26th arrest. On top of driving DUI, Brown got slapped with driving under a suspended license and driving with an illegal BAC content. As regular readers of this blog know, the limit for driving under the influence in Los Angeles, per California Vehicle Section 23152(B), is 0.08%.

(Interesting and random note! Did you know that sleep researchers in Australia found that people who stay awake for 24 hours or longer may be as impaired behind the wheel as are people who drive with a 0.10% BAC?!)

Getting back to the main story… Bobby Brown has obviously had a hard 2012. His ex-wife, Whitney Houston, died, and he could serve half a year behind bars if he gets convicted. Brown’s pretrial hearing has been scheduled for May 16th. In the meantime, he is forbidden from drinking alcohol. His Los Angeles DUI attorney tried to get that requirement dropped – to no avail.

Brown allegedly blew a 0.12&% BAC on his Los Angeles DUI breathalyzer test – one and a half times the state’s legal limit.

California Highway Patrol got suspicious when they saw Brown yapping on his cell phone while driving (never a good idea). He allegedly exhibited classic symptoms of Los Angeles DUI (such as smelling like alcohol) and he also performed less than stellarly on his field sobriety tests.

Having said all that, be aware that Los Angeles field sobriety tests can be scary and confusing… even for stone cold sober drivers. So just because you can’t “walk the line” or balance correctly does not mean that you are under the influence or you should be punished. Conversely, it’s very possible to be under the influence of alcohol – to have a high BAC, for instance — and to pass your field sobriety tests with flying colors.

In other words, DUI charges are not as cut and dry as the tabloids would make them sound. Yes, there are certain instances where it’s pretty obvious that the driver has done not just one but many stupid things behind the wheel, and he almost certainly will face punishment.

That being said, every case is different. Fortunately, a responsible and highly astute Los Angeles DUI criminal defense attorney at the Kraut Law Group Criminal & DUI Lawyers, Inc. can help you understand your rights and fight for justice – whether you are a high profile celebrity like Brown, a UCLA or USC student stopped at checkpoint on the 5, or someone who got arrested for DUI while visiting the City of Angels. Connect with the Harvard Law School educated former prosecutor Kraut now to get powerful results to protect your rights.

April 18, 2012

How to Never Get Arrested For DUI in Beverly Hills Again

by Michael Kraut

You recently got stopped for DUI in Beverly Hills.

Perhaps you ran a light while cruising Wilshire at 2 AM following a raucous industry party. Perhaps you had one-too-many wine coolers at the Sunday Beverly Hills Farmers’ Market and hopped behind the wheel of your Beamer…while a police officer saw the whole thing unfold. In any case, you are pretty frightened about what might happen — not only with respect to your driving privileges (e.g. will you lose your license or not?) but also with respect to your freedom, your car insurance, and your life in general.

After all, it wasn’t as if your life was smooth sailing before the DUI. You probably had tons on your plate – with respect to your business, your family, your recreational activities, possible health issues, etc. Now, on top of everything else, you need to get a handle on your Beverly Hills DUI.

Here’s the reality. There is no “one size fits all” defensive posture that’s appropriate for all defendants. Depending on circumstances, you may be smart to plead not guilty and fight tooth and nail to show that the Beverly Hills DUI breathalyzer test that you allegedly failed was miscalibrated. In other cases, it makes sense to cooperate with prosecutors and try to get your charges pled down. In other cases, you may need to construct an elaborate, thoughtful defense, particularly if you injured somebody or got arrested on multiple charges, such as resisting arrest, hit and run, etc.

While an experienced Beverly Hills DUI criminal defense attorney from the Kraut Law Group Criminal & DUI Lawyers, Inc. (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) can certainly help you establish and follow through on the right strategy for your needs, you also want to be looking at your long-term future. Sure, you want to “get through” your DUI related drama. But you also want to fix any underlying habits or behaviors or other structural problems in your life that caused you to get into trouble in the first place.

Researchers at Harvard have shown that people who “pre-think” their challenges and problems can often protect themselves against bad behaviors or habits. For instance, let’s say that you have a tendency to “get a little loose” at industry party events and drink more than you know you should. This “getting a little loose” can cause you to lose your judgment and do stupid things like get behind the wheel after a party. If you wait until the party to deal with your impulses, you are probably destined to wage a losing battle. On the other hand, if you know that you have this proclivity, you can create “if / then” statements to guide your behavior. Just like airline pilots need to be able to react instinctively – push the orange button, not the blue button, if the plane is crashing – you also need explicit instructions to help you avoid another Beverly Hills DUI.

For instance, you can construct “if thens” to the effect of:

• “IF I go to an industry party, THEN I will be sure to name a designated driver before I RSVP.”
• Or: “IF I feel myself “getting a little loose’’ at a party and I don’t have a designated driver, THEN I will immediately turn my keys over to the bartender at the party and insist that he call me a cab when I am ready to leave.”

If you can figure out the right “if then” treatments for your particular issues and then essentially memorize them, you should be more likely to make better, safer decisions the next time you are tempted to ignore your better angels.

Connect with a Beverly Hills DUI attorney at the Kraut Law Group Criminal & DUI Lawyers, Inc. now for immediate assistance with your case.

April 16, 2012

Life After a DUI near USC or UCLA

by Michael Kraut

Perhaps you were stopped for driving under the influence near UCLA on Westwood Boulevard after munching on one-too-many late night warm Diddy Reese cookies and sipping on beers with friends. Or maybe you were stopped on Vermont near USC for speeding and reckless driving after a frat house party. In any event, the lapse of judgment or reason has created massive havoc in your life. How might your UCLA or USC DUI arrest – and possible conviction – impact not only your freedom and ability to drive but also your academic and professional future?

The college years (and graduate school years) are times of experimentation. After being confined by your parents’ rules for so long, you can be tempted to “push the envelope” and test the limits of your school and society. Some experimentation is natural – and even healthy. Some rules were, indeed, made to be broken. But not rules like California Vehicle Code Section 23152 (a) or 23152 (b) – the laws that cover misdemeanor Los Angeles DUI.

If you are convicted of violating these CVC codes, penalties can come at you from many directions:

* You can lose your license for up to a year.
* You can be compelled to attend alcohol school and adhere to strict probation terms.
* You may have to spend substantial time behind bars.
* You may be compelled to install something called an interlock ignition device (IID) in your vehicle – this device prevents you from driving your car unless you can blow a “sober breath” into a breathalyzer like device.
* You may also have to pay court costs and fines and fees.

And those are just the direct costs of a Los Angeles DUI!

The indirect costs are often both more subtle and more damaging:

* For instance, your insurance rates can go up – costing you thousands of dollars over the next few years.
* If you get arrested again for DUI or any other crime, your future penalties can be spiked because of a past conviction.
* You could get into academic trouble.
* Even if UCLA or USC does not explicitly punish you, your “DUI drama” may distract you from your school work, impair your ability to attend classes or attend the job that you need to pay for school, and so forth.

The silver lining to this very dark cloud is that an experienced UCLA or USC DUI attorney can profoundly help you – either by getting the charges dismissed altogether or by getting them pled down to lesser offenses. A good attorney can also help provide guidance and resources to help you understand what went wrong – what were the underlying forces that drove you to break the law or get in trouble with the police.

To achieve your best scenario outcome, you may need to act with some haste and retain a top quality Los Angeles DUI attorney. Consider working with the Kraut Law Group Criminal & DUI Lawyers, Inc.’s own Michael Kraut – a widely recognized and celebrated Los Angeles DUI criminal defense attorney who has been featured on CBS, KTLA News, FOX News, and other sources. Mr. Kraut attended Harvard Law School and worked for years as a prosecutor. He can help you strategize to formulate the most appropriate defense. Call now: Local: (323) 464-6453. The KLG is located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

April 11, 2012

How to Make Your Long Beach DUI Situation Much, Much Worse – Just Do What This Guy Did…

by Michael Kraut

You or a friend or fellow student recently got arrested for DUI in Long Beach or DUI elsewhere in LA (like UCLA or USC). Frankly speaking, you’re pretty scared. You don’t want to go to jail. You’re nervous about the potential of losing your license, having to a transit through weeks or months of alcohol school and probation, and paying massive court fines and fees… when you can barely pay your student loans. While a Los Angeles DUI attorney can help you deal with your legal woes, you also might benefit from some introspection – from looking inside to determine what, if anything, caused you to get in trouble with the law.

Perhaps your Long Beach DUI arrest was a fluke – maybe you weren’t actually DUI and the breathalyzer malfunctioned. Or maybe you were right on the bubble — your arrest was a product of poor planning and slightly “off” judgment. But if you have a tendency to drive under the influence in Long Beach or elsewhere, you need to investigate your habits and beliefs now before they become even greater problems.

To take an extreme counter-example, consider the case of 48-year-old Bradley Noble, who was pulled over in Montana last Wednesday for his eighth DUI charge.

His sentence? 10 years behind bars.

He racked up his last DUI 10 years ago — back in January 2002 — and received a 20-year jail sentence with 5-years suspended. Two and a half years later, he was granted parole. But he was sent back to prison in June 2006 due to parole violations. Finally, near the end of 2006, Noble got released. But his troubles did not stop there. He was caught possessing alcohol on two occasions, in violation of his probationary arrangement. He was also caught driving a car four times since 2006 – also in violation of his restrictions. Sadly, the story ended with Noble’s alleged DUI recidivism. He got hit with a jail sentence of 15 years in prison with five suspended, and he must complete a pre-release program called the WATCH program before he can get parole.

You don’t want to rack up multiple Long Beach DUI convictions for obvious reasons. To that end, it’s helpful (and scary) to know what will happen if you become a convicted recidivist (get convicted more than one time). If you rack up three or more DUIs within a decade, prosecutors can escalate your charges and force you to serve much long jail sentences and pay higher fees and fines. A third Long Beach DUI within 10 years, for instance, can be ratcheted up from a misdemeanor to a felony – meaning you could serve a year or longer jail sentence.

There is no one-size-fits-all solution for your defense – or for tackling the larger psychological, financial, and emotional problems that might have driven you to violate the law in the first place. That being said, a stellar, highly reputable attorney at the Kraut Law Group Criminal & DUI Lawyers, Inc. (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) in Long Beach can help you make massive progress. Attorney Kraut served as a city prosecutor (Senior District Attorney for Los Angeles for 14-plus years) before switching over to become Long Beach DUI defense attorney.