Los Angeles DUI Attorney Blog

August 31, 2011

Burbank DUI Penalties: How Might They Measure up to Paris Hilton’s Ex’s DUI Plea Deal?

If you have been charged with driving under the influence in Burbank, you are probably biting your nails, wondering what the law might have in store for you.

Meanwhile, last week, just one state away, Cy Waits, the ex-boyfriend of celebutante Paris Hilton, took a DUI plea deal stemming from a 2010 Las Vegas strip traffic stop. Waits was fined $585, ordered to attend victim impact classes, and given a suspended jail sentence of 30 days.

Not too bad.

Indeed, it could have been a LOT worse for the 35-year-old Waits. As the AP reports, “Waits was arrested August 27, 2010, after a Los Vegas police officer reported a ‘vapor trail’ of marijuana smoke lofting from a black Cadillac Escalade with Waits at the wheel. Hilton, a passenger in the vehicle, was arrested after the police said a small bag containing 0.8 grams of cocaine fell from her Chanel bag, as she reached for a tube of lip balm.”

Prosecutors originally leveled both felony and misdemeanor drug charges against Waits, but later dropped them.

Judge Kephart did warn Waits: “if you are arrested for another DUI during the pendency of this case, I don’t care if it is alcohol or drugs, you will do six months in the Clark County Jail.”

Without knowing the details of your Burbank DUI arrest, it’s difficult to predict what your outcome will be. If it was a standard misdemeanor DUI with no other complications (i.e. you didn’t injure anyone, you didn’t commit a hit and run, you weren’t considerably over the limit, etc), the penalties might be similar to those Mr. Waits faced. But you should still connect with an experienced Burbank DUI criminal defense attorney to plan your next steps.

On the flip side, if this is your second, third, or fourth arrest within the past 10 years, your Burbank DUI penalties are liable to be much more severe. You could face significant jail time, fines, fees, humiliation, and long-term problems – such as higher insurance rates, problems getting hired, loss of professional reputation, etc.

The moral is: Your decisions from here on out matter greatly.

Attorney Michel Kraut of Burbank’s Kraut Law Group Criminal & DUI Lawyers, Inc. (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) will help you work through your complex, scary situation and guide you toward a systematic, smart legal defense. Attorney Kraut has a fantastic track record and a nearly 100% success rate with jury trials. He has built a reputation as an aggressive, knowledgeable, strategic attorney and he has also been a regular pundit and commentator on local and national media as an expert in Burbank DUI Law.

August 29, 2011

Long Beach DUI Field Sobriety Test with Rodney King: How Did the Police Handle It?

by Michael Kraut

Last week, Rodney King – the man whose videotaped beating ultimately sparked race riots that left 55 people dead and $1 billion worth of property damaged in its wake – was charged with DUI near Long Beach.

Twenty years ago, King was stopped by LAPD officers and then beaten to near death – the tragic beating was captured on video, and it led to the indictment of four officers involved. When three of the officers were acquitted, the verdicts touched off race riots that tarnished Los Angeles’ name for over a decade.

So how did police handle the King near Long Beach DUI stop this time?

According to news reports: relatively smoothly. CNN reported this blow by blow: “A Moreno Valley traffic enforcement unit observed King commit “several traffic violations,” although he was not cited for speeding. After questioning King, a patrol officer noted King exhibited signs of behavior that might involve alcohol or drug consumption.”

King was asked to step out of the car and submit to a voluntary field sobriety test. He was “cooperative and compliant.” So no drama on either King’s part or the LAPD’s part.

Is that a sign that the LAPD has evolved or that race relationships have changed in the city?

Pundits can say what they will, but a single stop is a single stop. It’s hard to extrapolate patterns from single data points, as any good scientist would tell you.

It’s pretty amazing – given what King went through 20 years ago – that he managed to behave calmly and rationally. A Long Beach field sobriety test can be a very scary ordeal. You might be asked to engage in a series of physical and mental coordination tests, such as walk the line, finger to the nose, horizontal gaze nystagmus, counting backwards, and other balance tests. If you underperform – trip or stumble – officers might interpret your lack of coordination as a sign that you were indeed driving under the influence in Long Beach, and you could be arrested and charged pursuant to California Vehicle Code Sections 23152(a) or 23152(b).

And that’s just if you were stopped without any other complications, such as an accident, injury, hit and run, or other traffic infraction.

If you or someone you love got pulled over for Long Beach DUI, you may be bedazzled by questions, like:

• What is the best way to navigate the Southern California legal system?
• How do you build your best defense?
• How do you make sure that the police and prosecutors treat you fairly?
• How do you avoid making mistakes or giving statements that could compound your legal woes?

A Long Beach criminal defense attorney at the Kraut Law Group Criminal & DUI Lawyers, Inc. (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you understand what to do – and, possibly more importantly, what not to do. Attorney Michel Kraut spent over 14 years as a Senior Deputy District Attorney for the City of Los Angeles (a prosecutor of crimes like DUI), and he has a fantastic track record for developing strategic, effective, and aggressive defenses for DUI clients.

August 25, 2011

Pasadena DUI Penalties for Six-time DUI Offenders – Do they Match Penalties for Greenville, South Carolina, Offenders?

by Michael Kraut

What might happen if you got arrested and charged with driving under the influence in Pasadena six times in a single calendar year?

What might that experience teach you?

Let’s not jump to conclusions. There is always the possibility that you were just unlucky. Or maybe a local police officer has it out for you because you two got into a bar fight once, and he hasn’t let the grudge go. It’s possible. But if you’ve been arrested and charged with DUI six separate times in a single year – like Greenville, South Carolina, resident Warren Brooks – maybe it’s time to have a serious heart-to-heart with a therapist to find out what’s at the core of your bad decision making and risky behavior.

That’s right – this actually happened to somebody.

Accordingly to WSOCTV.com (a South Carolina-based TV station website), Brooks was pulled over and arrested for DUI six times within a calendar year.

Here is a quote: “Brooks’ first driving the under influence charge occurred in August 2010. The second charge came in May. His third and fourth followed within two weeks. The fifth charge in June involved a hit and run, and he had to post higher bond amounts of $25,000 for DUI and $10,000 in the hit and run charge. The sixth DUI charge was in July, according to police reports and court records.” Greenville County Chief Prosecutor Walt Wilkins criticized Brooks’ behavior: “This is one of the most egregious cases that we’ve seen in a long time…obviously, he has an issue with alcohol.”

Brooks’ lawyer publicly stated that his client has never been in legal trouble prior to this spate of charges: “He is a very intelligent man…his life just spiraled out of control.”

Look, sometimes in life we face unlucky streaks: we make bad decisions often. That’s life.

Unfortunately for defendants, Pasadena DUI penalties ratchet up every time you are convicted of an offense. For instance, if you are a first time offender, you might face a misdemeanor. The consequence could be dire, but not end-of-the-world dire: 40 hours in jail, $1,000 fine on top of court costs, six weeks to nine months of DUI alcohol school, one year suspended license, mandatory installation of an interlock device in your car in some cases, and tough probation terms.

But if you are arrested for a second time, third time, fourth time, or, unbelievably, sixth time, the penalties become harsher. For instance, a fourth-time Pasadena DUI offender – someone who commits four DUIs within a 10-year span — faces a minimum of 180 days in a jail, just for a misdemeanor! Stack on: a four-year license suspension, 30 months of alcohol school, three year license suspension, and a variety of other punishments, including the possibility of escalating that misdemeanor charge to a felony.

Once you get on this rollercoaster of multiple charges and losing control in general, it’s hard to hit the metaphorical brakes in your life.

That’s why attorney Michael Kraut of Pasadena’s Kraut Law Group Criminal & DUI Lawyers, Inc. (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is a strong advocate for strategic defense thinking. You need to think long term. It’s not just about getting yourself exonerated from, or minimizing, your current penalties. Yes, those are important. But your challenge is also about probing deeper, trying to identify the fundamental causes driving your Pasadena DUIs or criminal behavior, addressing those, rebuilding your confidence, and getting your life back on track. You don’t have to figure this out all on your own. A Pasadena criminal defense attorney can help you understand your rights and figure out what to do next.

August 23, 2011

Burbank DUI with Alcohol and Mean Girls: Lindsay Lohan Thrashes Ex-girlfriend Samantha Ronson after Ronson’s DUI Bust

by Michael Kraut

You might think that people who have been arrested for driving under the influence in Burbank or elsewhere in SoCal would be able to bond over their experiences. Especially if those two people were once friends and lovers. But that’s not always the case…

As this blog reported a few weeks ago, DJ and party girl Samantha Ronson got pulled over near Bakersfield and arrested for driving under the influence while en-route to LA from the city that never sleeps. According to Gather.com, Ronson allegedly called her ex-girlfriend, Lindsay Lohan – one of the most famous faces of all-time in the Los Angeles DUI blogosphere – expecting, possibly, consolation and commiseration.

Instead, allegedly, the “mean girl star turned mean for real and lambasted her former girlfriend, taunting her, calling her names, and laughing at her current misfortune. “Wow, you turned out to be a fine example…” LiLo sneered. “You think you would have learned something from all those hours of boring lectures you gave me!”

The Gather.com article said that the conversation between the exes was “loud” and “ended with Ronson yelling that she would never call her evil ex again and then slamming down the phone.”

Obviously, this story is a bit salacious. Ronson and Lohan were, at one time, tabloid staples. But the story illustrates a deeper truth about the Burbank DUI process. Specifically, surprises abound. You might expect one person in your life to be sympathetic, but be surprised to be met with scorn and opprobrium. Conversely, you might discover resources that completely change your life for the better, such as a strategically focused Burbank criminal defense attorney (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810).

The attitude with which you face your Burbank DUI charge can make all the difference. If you look at what’s happened to you – and the possible penalties you face – with a “woe is me” attitude, that’s not resourceful or productive, nor is it even entirely true.

This isn’t to say that you shouldn’t face up the reality, acknowledge the possibly paralyzing legal situation you are in and take positive and powerful action to fix your problems. But your arrest and charges can lead to self-growth and the cultivation of new and resourceful perspectives on your life. Yes, you might face surprising setbacks even after the surprising arrest. Like an ex-boyfriend, girlfriend, family member, or friend being far less than sympathetic and rubbing salt on your wounds.

But you also have the opportunity to change things and transform your life for the better. Connect with Burbank’s Kraut Law Group Criminal & DUI Lawyers, Inc. to discuss your case in confidence with Harvard Law School-educated former prosecutor Michael Kraut and begin the process of constructively and resourcefully navigating your future.

August 21, 2011

What Scary Beverly Hills DUI Penalties Await That’s So Raven Star Orlando Brown? (Kid Star Busted for DUI with Pregnant Girlfriend in Car? Yikes!)

by Michael Kraut

The Beverly Hills DUI process is no trip to the candy store.

But when young adults, like That’s So Raven star Orlando Brown, drive under the influence of alcohol or drugs, the penalties and other consequences can be stark and very, very serious. Last Friday night, law enforcement officers pulled over Brown for driving without a license plate while his pregnant girlfriend was in the car. Police investigated and noticed the odor of alcohol on Brown, so he was subject to a field sobriety test. Allegedly, the results were not good.

Police booked Brown at the Hollywood station around 12:30 in the morning and released him early Saturday after he posted $15,000 in bail. The 23-year-old actor/rapper now faces some serious legal difficulties, as well as possible branding troubles. After all, Brown is a product of the Disney TV empire. And Disney is extremely protective of its brand. It wants its stars young, wholesome, and untainted by unsavory allegations – especially trouble like Beverly Hills DUI.

So what does someone like Brown do to fix the situation? And how might his solutions parallel or diverge from the solutions “ordinary people” use, who will also do things like fail Beverly Hills DUI sobriety tests?

The Parallels

The law doesn’t care whether you are a celebrity, teen heartthrob, or ordinary Joe. If you violate California Vehicle Code Section 23152(a) or 23152(b), you are in for a rough ride, including jail time, lost/suspended license, many weeks of alcohol school (mandatory), court costs and fines, and generally a lot of other trouble.

The law, however, is very interested in your past record – what happened to your behavior during and after the accident and/or arrest, and your attitude and level of contrition going forward. If you have a criminal record, it will also come into play. Brown, for instance, got pulled over in 2007 for driving with his lights off, and the police discovered marijuana in his vehicle. Whether that’s an issue in this case isn’t clear. But bad criminal behavior – or even bad driving behavior – will impact your chances for a successful defense against DUI charges.

The Differences

The biggest difference between a celebrity Beverly Hills DUI and an “ordinary Joe” DUI is probably attitudinal. In other words, the attitude with which you approach your DUI situation really matters. If you are imbued with self-confidence, hope, compassion, a sense of remorse, and a sense that you are life is going to be okay despite the bad news – that’s the right attitude to have. Because when you think positively and resourcefully, you will be more likely to connect with other resources that can help you, such as an experienced and extremely competent Beverly Hills criminal defense attorney. Attorney Michael Kraut of Beverly Hills’ Kraut Law Group Criminal & DUI Lawyers, Inc. [9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935] is standing by to provide a free and confidential consultation regarding your DUI arrest. Attorney Kraut is a Harvard Law School-educated former prosecutor. He wields his experience from both sides of the law (prosecutor and defense attorney) to tremendous effect for his clients.

August 17, 2011

Beverly Hills DUI Penalties: False Report on Twilight Actor’s Alleged DUI Riles Up the Blogosphere

by Michael Kraut

We all know driving under influence in Beverly Hills is a serious crime. And even just getting arrested – not even convicted – can lead to mortifying anguish.

But what if you just get REPORTED as having been arrested for DUI? Can that still do harm?

Ask actor Kiowa Gordon — the actor who played the shape-shifting werewolf from the Twilight movies. Gordon was arrested last Monday in Tempe, Arizona, for an outstanding arrest warrant related to his possession of drug paraphernalia (a glass marijuana pipe) and possessing alcohol underage.

According to TMZ.com: “The 21-year-old actor was a passenger in a vehicle that was stopped for a ‘routine registration check’ in Tempe…during the stop, cops discovered there was an active warrant for Gordon’s arrest – so they took the actor into custody and booked him into a local jail.”

All pretty standard stuff.

And any celebrity who has had to walk the gauntlet of the Beverly Hills’ DUI arrest process knows that getting arrested and booked is no fun. It is probably less than fun to have the same conversation with your publist, executive producer, family, friends, and attorney about what happened – having to re-live the arrest over and over and over again.

But what happens to someone like Gordon, who was falsely accused of driving under the influence? Perception has a way of becoming reality, particularly in Hollywood. This is not just an idle discussion. It has real applications to your Beverly Hills DUI arrest. In other words, irrespective of whether you passed or failed the breathalyzer test, performed well or poorly on field sobriety tests, and did or did not violate traffic law, you will be judged based on the charges. That’s just the sad fact, and it even happens to people who are eventually exonerated.

The question of the day is: how do you deal?

Now that you’ve been arrested, and you face charges – ranging from a simple misdemeanor DUI to a complex hit and run charge – what should your approach be? Should you hope the problem goes away? Pretend that it never happened? Ignore the lessons of the arrest and aftermath of the arrest?

Or should you start looking for resources and contacting a respected Beverly Hills criminal defense attorney?

Successful people recognize how important it is to constantly do reality checks. So, what is true for you now about your DUI arrest? What do you want to happen? Beverly Hills DUI defense attorney Michel Kraut can answer your questions and construct a complete, thorough, and sophisticated case that will get you results. Mr. Kraut is a former Los Angeles city prosecutor – he spent 14 years serving as a Senior Deputy District Attorney – and he is a regular expert consultant on DUI law for KTLA News, The New York Times, Fox News, and other major media organizations. Connect with The Kraut Law Group Criminal & DUI Lawyers, Inc. in Beverly Hills (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) now for assistance.

August 15, 2011

Burbank DUI Penalties Abolished? Perhaps if Michel Moore Gets His Way and the Nation Elects Matt Damon as President….

by Michael Kraut

Burbank DUI penalties are notoriously unpleasant.

As this blog has blogged about umpteen times, if you are arrested and convicted – even for a misdemeanor – you could lose your license for a year, serve jail time, pay colossal fines and fees, and even suffer the indignity of paying to install an interlocking ignition device (IID) in your vehicle.

Not exactly something you want to show off on a first date.

Some people think that our draconian Burbank DUI process is in serious need of reform. But what kind of reform? Who knows. But if the liberal firebrand Michael Moore has his way, the reform could be handed down by none other than President Matt Damon.

You read that right.

Last week, Michel Moore “endorsed” Damon to be President. In a recent statement, the progressive filmmaker said this about the 40-year-old Damon, “I think that he has been very courageous in not caring about who he offends by saying the things that need to be said here… sometimes even when you run an actor, you win. And I guess I only throw his name out there because I’d like us to start thinking that way.”

Obviously, it’s more than a little bit of speculation to suggest that Michel Moore’s endorsement would catapult Damon to launch a progressive challenge against Barack Obama in the 2012 election, win the election, and then make it a priority to reform Burbank DUI laws. There are probably multiple flights of fancy and gaps of logic in that sequence. But it’s worth at least mulling over hypotheticals like this.

So much of our laws are based on arbitrary historical precedents. Someone decided a certain law, restriction, or punishment was a good idea; that idea stuck, and it paved the way for our current thinking. And so, it’s useful, healthy, and even invigorating to play with speculations like, “What if President Matt Damon legalized marijuana?” Or “what if President Damon radically changed America’s view on DUI, distracted driving, and other driving dangers?”

Obviously, the speculation is quite ridiculous. But it’s intentionally so. Because it’s trying to break you out of your old ways of thinking about DUI policy and practice.

Of course, there is a very pragmatic element here – particularly if you or a loved one faces a Burbank DUI charge. You want someone who is an expert in Burbank DUI, someone with credentials, and someone who is respected not only by clients but also by their legal peers (including prosecutors and judges).

Connect with Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Attorney Kraut is a highly-esteemed Burbank criminal defense attorney and can help you understand your rights and responsibilities as a defendant and make smarter choices.

August 12, 2011

Pasadena DUI Arrest and Political Drama: PA Representative Joe Brennan Arrested with a BAC of 0.30%!

by Michael Kraut

The law says, quite clearly, that driving under the influence in Pasadena is illegal. If you are caught breaking the law, you can face an unpalatable gamut of punishments, including jail time, fines, fees, a damaged reputation, suspended license, mandatory interlock ignition device installation in your car, and so on and so on. Yikes.

The point is: the law is crystal clear. As it is elsewhere in the United States.

Nevertheless, even lawmakers themselves time-to-time violate it!

Here’s a case in point. Way out in Bethlehem, Pennsylvania, PA State Rep Joe Brennan got arrested for driving with a BAC of 0.30% – nearly four times the legal limit for Pasadena DUI, according to California Vehicle Code Section 23152. Last Tuesday, the Democrat abandoned his right to a preliminary hearing, and his stunningly high BAC was made public.

Due to the extremely high BAC, Brennan faces steeper charges that could net him fines of up to $5,000, a full year license suspension, and up to half a year in jail. This judge called the Rep’s BAC “alarming.”

The 47-year-old got arrested back in late June. According to court reports, he had been weaving all over the road. His driving was so horrific that another driver, Angel Hernandez, called 911 to report him. Eventually, he pulled into a parking space, hopped out of his car and promptly fell and hit his head really badly. Another driver, Angela Cartwright, saw Brennan fall. Bystanders helped him up… and he hopped into his car and drove away.

Later, police reported that Brennan “had a strong odor of alcohol on his breath.” He also had slurred speech and bloodshot eyes. These are all common symptoms of Pasadena DUI. (Other common symptoms include loss of coordination, inability to answer police questions coherently, conflicting stories, aggressive or odd behavior, inability to complete field sobriety tests, and failure to pass a breathalyzer test.)

A competent Pasadena criminal defense attorney, such as Mr. Michael Kraut of Pasadena’s Kraut Law Group Criminal & DUI Lawyers, Inc. (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can help you identify and address the problems you face, so you can begin to constructively deal with them – and avoid causing yourself new problems.

If you did get pulled over with a very high Pasadena DUI BAC — or you destroyed property, committed a hit and run, or even hurt another person while under the influence — now is the time to make resourceful, appropriate, sensible decisions. Connect with Mr. Kraut (a former city prosecutor) to discuss your concerns and a better way forward.

August 10, 2011

Long Beach DUI Penalties: A Cautionary Tale, as Former NBA Star Starts 20-Day Jail Sentence

by Michael Kraut

Let’s get this straight: driving under the influence in Long Beach is a crime. A major one.

Depending on how you defend yourself (e.g. whether you consult with an experienced Long Beach criminal defense attorney or not), as well as the circumstances of your Long Beach DUI arrest, you can face truly horrific punishments, such as jail time. It doesn’t matter whether you are a celebrity, political superstar, rock star, or athlete.

Just ask Lindsey Lohan.

The latest proof that Long Beach DUIs can and will be punished — hugely — comes out of Pontiac, Michigan, where Jalen Rose, a former NBA player and ESPN analyst, started a 20-day jail sentence pursuant to his March arrest in West Bloomfield Township for DUI. According to an Associated Press article, “Rose crashed his sports utility vehicle… after drinking 6 large martinis. The 38-year-old pleaded guilty in May.” According to the AP story, the judge who sentenced Rose was known for “tough punishments.” 20 days behind bars is anything but light, especially since the analyst didn’t hurt anybody (expect for his car) in the disaster.

The story illustrates a truism about Long Beach DUI punishments. Namely, you can never identify in advance all the possible “X factors” that can lead to better (or worse) outcomes for your case. Here are some X factors, over which you have little to no control:

• Judge has a reputation of being unusually harsh;
• Police officer who arrested you (for whatever reason) has some sort of grudge;
• You can (or cannot) find compelling exonerating evidence;
• Your can (or cannot) win sympathy from a judge or mercy from prosecutors.

So there are so many factors outside of your control. Focusing on them can be depressing.

But fortunately, you can leverage factors within your control to get (probably) far better results than you likely realize is possible right now. In other words, don’t say: “this is all so unfair. The police, prosecutor, judge, [insert other villain here] is against me. I have no hope.”

Instead, focus on being resourceful. What is true about your situation now? What do you want out of your situation in terms of preventing punishments and protecting privileges and rights?

Once you are very, ultra clear about where you are and where you want to be, you can start collecting resources to achieve that reality faster and more efficiently.

One great potential resource is Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (located in Long Beach at: 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) Mr. Kraut is an experienced former prosecutor who is often called upon as a legal expert by major media throughout the Southland. As a former prosecutor, he understands how other prosecutors think and react, and he can use his insight and knowledge to build a better case for you.

August 9, 2011

Beverly Hills DUI Arrest Bombshell? Lindsey Lohan’s Ex-girlfriend Stopped for Racing in Bakersfield

by Michael Kraut

Every Beverly Hills DUI blog lights up every time a new twist emerges in the sordid, epic tale of actress Lindsey Lohan’s legal drama. Last week, some news broke that’s only tangentially related to Ms. Lohan… but it still caused ripples in the blogosphere and may hold indirect lessons for people out there who’ve recently been stopped at a Beverly Hills DUI checkpoint.

Lohan’s ex-girlfriend, DJ Samantha Ronson, got pulled over outside of Bakersfield last Monday for speeding. Ronson allegedly raced 90 miles over the speed limit in her Porsche Targa.

Ronson admitted that she had consumed alcohol hours before hopping into the Porsche. Ronson was put through a balance test. As regular readers of this blog appreciate, Beverly Hills DUI field sobriety tests can be quite involved and can involve tests like the Rhomberg test, the finger to the nose test, horizontal gaze nystagmus test (often the first one given), counting backwards, walk the line test, etc, etc. FSTs can be quite the ordeal.