Los Angeles DUI Attorney Blog

May 13, 2011

Los Angeles DUI for Rick Springfield: “Jessie’s Girl” Crooner Stopped in Malibu in His Corvette

Last Sunday, while the entire world and possibly part of our space was focused on the breathtaking mission in Pakistan that resulted in the killing of Osama Bin Laden, some critical celebrity Los Angeles DUI news occurred that’s only just beginning to nab the attention of the blogosphere. Rick Springfield, the rock singer best known for his 1980s hit “Jessie’s girl,” was stopped around 8 o’clock in the evening on the PCH in his 1963 Corvette. Per a press release from the LA Sheriff’s Department, Springfield blew a breathalyzer test result of 0.10% BAC – as our readers know, any BAC reading of 0.08% or above can constitute DUI in Los Angeles, Burbank DUI, Glendale DUI, Pasadena DUI, etcetera.

According to a Los Angeles Times article on the story: “Sheriff’s deputies pulled over the soap-actor-turned-crooner in his 1963 Corvette around 8 pm, making the traffic stop near Pacific Coast Highway and Trancas Canyon Road… it was unknown what Springfield did that caught the deputies’ attention.”

After being arrested and brought to the Malibu/Lost Hills police station, the singer paid out a $5000.00 bond and secured release at 2 in the morning. (Incidentally, this was the same police station where Mel Gibson was held after his notorious anti-semitic rant and DUI in Malibu experience five years ago.)

Students of Los Angeles DUI law understand that different California vehicle code sections can apply, depending on the nature and circumstances of your arrest. Typically, traditional misdemeanor DUIs are charged pursuant to California vehicle code sections 23152(a) and 23152(b). But DUIs with injury can be charged according to two similar sounding but ultimately very different sections – 23153(a) and 23153(b). Even though there’s only one number different – a 3 instead of a 2 – do not be fooled! An injury DUI can result in the elevation of a misdemeanor charge to a felony count. Convicted felons can face significantly more jail time and higher penalties – they can also lose the right to franchise (vote) and have a much harder time re-acclimating to normal society after a prison sentence.

You don’t need to do serious bodily injury to another person to get a hit with a 23153(a) or 23153 (b) charge, either. That’s why it is so important – whether you hurt someone or not – to talk to an experienced Los Angeles criminal defense attorney about your strategic possibilities.

The Kraut Law Group Criminal & DUI Lawyers, Inc.’ Michael Kraut (based in Los Angeles at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide calibrated, intelligent strategic advice. Mr. Kraut understands prosecutors because he actually was one of them – for 14 plus years. He is a Harvard educated attorney who often appears on the media to discuss Los Angeles DUI matters (e.g. New York Times, Fox News, KTLA, etc). Mr. Kraut can work with you to devise and follow through on an appropriate defense.

May 11, 2011

Burbank DUI Celebrity Drama Unfolds – Desperate Housewives’ Star Whapped with DUI: His Judge Father Apparently is Not Pleased

by Michael Kraut

This past week was very busy in terms of Burbank DUI and Los Angeles DUI celebrity news. An Atlanta Braves’ minor leaguer, Derrick Lowe; Notre Dame’s wide receiver, Michael Floyd; and crooner Rick Springfield all made big splashes. But second to Springfield’s arrest, the biggest Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI news had to have been the arrest of Ricardo Chavira, the Desperate Housewives star whose character is married to actress Eva Longoria’s character Gabny on ABC’s hit show.

According to various reports, Chavira was pulled over early morning on May 3rd – around 2:20 AM. Radar Online reported: “Chavira was released from the Van Nuys jail Tuesday morning after posting $25,000.00 bail. He refused to take a blood alcohol test after he was pulled over…” The 39-year old’s wife, Marcea Dietzel, had to make a difficult telephone call to Chavira’s dad, Texas Judge Juan Antonio Chavira, who told Radar online: “I had a got a call from my daughter-in-law to tell me that my son had been arrested for DUI this morning.”

Sounds like someone’s in for a difficult conversation with his dad.

Some motorists who get pulled over under suspension of DUI in Burbank often reject the breathalyzer test. Why? Aren’t breathalyzer tests pretty accurate?

If you listen to common lore, then yes. But if you actually look at the science – the objective analyses of breathalyzers – then that certainty you feel about their efficacy should melt away. Breathalyzers can give accurate BAC readings, but they can also be wildly off. For instance, as this blog has reported, certain conditions, such as diabetic ketoacidosis, can lead to very inaccurate readings. Essentially, chemicals on the breath called ketone bodies can throw off the breath test and lead to false positives. The depth of your exhale into the machine can also have a huge influence on the reading. This is often why police officers will tell you to take a deep breath into the machine instead of a shallow one. Shallower breaths will include less alcohol by volume and thus lead to lower BAC readings.

Officer errors, poor calibration, and differences among devices can also lead to confusion. An experienced Los Angeles criminal defense attorney can effectively challenge breathalyzer test results and leverage other legal resources and tools to help you defend against charges.

Attorney Michael Kraut (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) has won plaudits not only from clients, but also from professionals like prosecutors and judges, for his keen judgment, superior record at jury trials, and compassionate and sensitive handling of cases.

May 9, 2011

More DUI in Long Beach Sports News – Another Major Leaguer, Shin Soo Choo, Cited for DUI

by Michael Kraut

Not EVERY sports celebrity has been pulled over on charges of driving under the influence in Long Beach (and elsewhere) this year. But it sure seems that way, sometimes, doesn’t it? The sheer number of sports celebs who’ve been tagged in 2011 for driving under the influence in Burbank, Glendale DUI, Pasadena DUI, Los Angeles DUI, etc, is, in a word, disconcerting.

The latest big sports related DUI arrested occurred last Monday morning, when Shin Soo Choo, an outfielder for Cleveland Indians (the MLB’s best team, currently) got arrested for DUI in Sheffield Lake, Ohio. USA Today reported that Shin Soo Choo became “the sixth major leaguer cited for a possible DUI this year… he joins Detroit’s Miguel Cabrera, Seattle’s Adam Kennedy, Cleveland teammate Austin Kearns, Atlanta’s Derrick Lowe and Oakland’s Coco Crisp as players arrested on suspension of DUI.” Is it just quirky that so many sport celebs have been arrested for DUI? Or are quirks becoming the norm this year?

Here is an argument for the second interpretation: A Connecticut women actually delivered her child at a DUI checkpoint! This story comes courtesy of www.whac.com: “Bethel and Trevor Hairston were in their Plainfield, Connecticut home Saturday night when Beth went into labor. When they hit a DUI checkpoint, Trevor tried to roll through it… “I kind of did a California role. I didn’t really stop, but I just rolled up the window and said ‘my wife is in labor, we’re going!’… a police officer got into the car with them to help to deliver the baby. Ten minutes after stopping at the checkpoint, baby Christian Hairston was born at exactly 1 am in the passenger seat of the Hairston’s car.”

So, we’ve got lots of sports stars getting arrested for DUI, a couple giving birth at a DUI checkpoint, but no additional lawnmower DUI arrests (at least according to a recent scan of Google News).

The symptoms of Long Beach DUI often mimic “symptoms” of other conditions – such as fatigue, stress, disease/exhaustion, and yes, even pregnancy. If an officer notes that you seem shaky, wobbly, disoriented, uncoordinated, unable to explain where you’ve been, nervous, agitated, etc, he or she will be more suspicious that you might be DUI. But as the story about the Hairstons proves, not everyone who acts oddly – for instance, rolls through a DUI checkpoint – is breaking the law or even fractionally intoxicated.

To develop a smart defense to charges against you, connect with a Los Angeles criminal defense attorney, like Long Beach’s Michael Kraut (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Although Mr. Kraut cannot guarantee that your charges will be dismissed or reduced, he can leverage his 14 plus years as a former prosecutor, excellent record at jury trials, deep relationships with prosecutors, and strong knowledge of Los Angeles DUI law to improve your odds of getting good results.

May 6, 2011

Glendale DUI Sports News – Coach Dikta’s Son Stopped for DUI in Deerfield Illinois

by Michael Kraut

Most incidences of driving of under the influence in Glendale have nothing to do with the game of football. Perhaps it’s because Los Angeles simply doesn’t have a professional NFL team. (The Chargers don’t count, folks.)

But more than any story about Los Angeles DUI, Burbank DUI, DUI in Glendale, or DUI in Pasadena last week, one sports-related DUI incident has caught the attention of fans throughout the Southland – Michael P. Ditka, the son of the famous Chicago Bears coach Mike Ditka, got stopped on April 20th for driving under the influence.

The Deerfield police report claims that Ditka’s black Hummer had been running in a parking lot with its headlights on. Ditka later protested: “I was not driving the car… I was parked. The keys weren’t even in the ignition. I plan on pleading not guilty.”

May 4, 2011

Los Angeles DUI Debacle – LAPD Officer Busted for DUI Near LAX

by Michael Kraut

We expect LAPD officers to pull people over and arrest them for crimes like driving under the influence in Los Angeles; what we don’t expect is for police officers to speed the wrong way down the Sepulveda Tunnel on their motorcycles and then themselves get busted for misdemeanor DUI.

But that’s exactly what officer Joseph M. Bezak stands accused of.

Bezak’s saga illustrates that, just because you’re educated about the dangers of driving DUI in Glendale, DUI in Pasadena, DUI in Burbank, or DUI in LA doesn’t mean that you’re going to use good judgment all the time.

May 2, 2011

Beverly Hills DUI Drama No More (At Least for Christina Aguilera’s BF – Not So Much for Lindsay Lohan)

by Michael Kraut

Last week’s news about driving under the influence in Beverly Hills was not all about Lindsay Lohan – although the blogosphere did once again erupt in an avalanche of comments after Lohan got sentenced to serve her community service as a janitor at a morgue.

If you’re like most people, you’re probably sick and tired of hearing “Lohan, Lohan, Lohan” all the time – and you would like some more diverse stories about things like Glendale DUI, driving under the influence in Pasadena, Los Angeles DUI, and DUI in Burbank.

Some good news on the DUI front – at least for pop star Christina Aguilera, whose boyfriend, Matthew Ruthler, will not be charged with the crime of DUI. The Los Angeles County district attorney’s office rejected the prosecution’s case against Ruthler, citing insufficient evidence. To recap: on March 1, police pulled Ruthler over on suspicion of DUI. He blew a breathalyzer reading of 0.06% – 0.02% under the Beverly Hills DUI limit of 0.08%, as quantified by California Vehicle Code Section 23152 (b).

April 27, 2011

Beverly Hills DUI Lessons – Tampa Bay Buc Exec’s DUI May Hold Lessons for How to Contain the Problem

by Michael Kraut

Analysts and policy experts who look at the problem of driving under the influence in Beverly Hills (and elsewhere in the Southland) often examine data on a surprisingly superficial level.

In other words, it’s often a “quick fix” game – blame the driver, and get on with it. But a breaking story out of Tampa Bay suggests that, whether you’ve been arrested for DUI in Pasadena, Glendale DUI, Los Angeles DUI, DUI in Burbank, or DUI wherever else, you may have more than yourself to blame.

Not convinced? Read on…
37-year old Jayson Kaiser, an Assistant to the Head Coach of the Tampa Bay Buccaneers, got pulled over for DUI last Wednesday. There was nothing particularly newsworthy about the arrest, other than the fact that Kaiser works for the Bucs. News reports say that Kaiser had been driving a 2006 Hyundai when officers stopped him on West Osborne Ave. Kaiser exhibited a lot of signs that are typically associated with Beverly Hills DUI – such as slurred speech, bloodshot and glassy eyes, and odor of alcohol on his person. He said he hadn’t been drinking, and he refused both field sobriety and breathalyzer tests.

Kaiser’s car was impounded, and he was held on a bail of $500. A spokesman for the Bucs, Jonathan Grella, told reporters “we aware of matter and are in the process of reviewing it internally.”

So, Kaiser’s arrest is pretty standard stuff – nothing that regular readers of this blog haven’t read about a million times. But what’s interesting here is that, according to reports, Kaiser is actually the THIRD member of the front office/coaching staff of the Bucs to be arrested in one calendar year. In March, Shelton Quarles, a pro scouting coordinator got tagged with DUI. Last September, an Assistant Offensive Line Coach, Chris Mosley, got tagged for DUI. So, 3 DUIs on the staff within one calendar year! Is that a coincidence? Statistically, it certainly could be.

But it also suggests that potentially something culturally is going on here. Maybe the Bucs’ front office culture is “giving the green light” to driving under the influence somehow. This doesn’t mean that the men who got arrested shouldn’t have been more careful — or should somehow be exonerated because of the social influence factor.

But it does suggest that, if we really want to get to the heart of what causes motorists to drive DUI, we need to look beyond “blaming the individual” and examine the cultural influences that may be the root causes. The thinking is: if we can change what’s going on culturally, we may be able to tamp down on the number of arrests – and make our roads safer.

If you or someone you care about has been recently charged with the crime of driving under influence in Beverly Hills, a Los Angeles criminal defense attorney can be a crucial guide. Connect with the Kraut Law Group Criminal & DUI Lawyers, Inc. in Beverly Hills at  9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. As a former prosecutor, Mr. Kraut has many connections and an in-depth knowledge and understanding of the Los Angeles prosecutors who will be working your case. Mr. Kraut is a Harvard Law School educated lawyer who is often called upon by media organizations like The New York Times, The Los Angeles Times, KTLA, and Fox News to provide his insights into breaking news in the Los Angeles DUI arena.

April 26, 2011

Los Angeles DUI Tragedy That is Lindsay Lohan… and What We Can All Learn from Her

by Michael Kraut

Last Friday, a judge made the call to sentence starlet Lindsay Lohan to 120 days behind bars for violating probation connected with her 2007 Los Angeles DUI bust. As one might predict, news outlets across the nation lit up with provocative (and at times unseemly) discussions about the “Freaky Friday” star’s punishments, which also include 480 hours of mandatory community service.

Perhaps no other story about Pasadena DUI, Glendale DUI, Burbank DUI, or Los Angeles DUI has come close to generating this many headlines – even Mel Gibson’s famous anti-Semitic tirade (connected with his 2006 arrest for DUI on the PCH) doesn’t compare. Why are people so fascinated by the starlet’s continued legal troubles? And what does her punishment for probation violation tell us about how DUI law?

Before we get into these thorny questions, we should mention that Lohan might even suffer more. In June, she’ll go to trial pursuant to charges that she stole a $2,500 necklace from an L.A. jewelry shop. Video of Lohan trying on the necklace has gone viral; and the jewelry store owner herself has received brutal press from fans of Lohan, who allege the owner is simply pressing her grand theft charges to drum up business and notoriety.

Nathan Folks, a producer friend of Lohan, expressed his dismay over the sentence: “(Lohan) wants to go to AA and NA and serve 400 hours…she has already been doing lots of charity work.”

Some bloggers have suggested that Lohan’s “Riches to Rags” tale attracts us because of its archetypal nature. In other words, it resonates with a kind of story that we are all used to – that of someone obtaining money/fame/fortune, then losing it due to some bugbear or fatal flaw. Often, there is redemption angle at the end of the story, where the hero (or in this case heroine) rises from the ashes of turmoil and flourishes again. Hopefully, Lohan will indeed get that “happy ending” and regain her stamina, stability, and positivity.

As for the legal implications – the case probably best illustrates that no one is above the law. Your Los Angeles DUI penalties will go up if you violate your probation, hurt someone while driving DUI, or commit multiple offenses (i.e. become a recidivist). Although a reputable and smart Los Angeles criminal defense attorney can help you escape some of the worst penalties and develop a plan to rehabilitate yourself – no attorney is a miracle worker. If, like Lohan allegedly has, you continue to flout the terms of your release/probation, the law eventually will catch up to you, and you will pay costs.

Fortunately, there are amazing resources out there that can help you. The Kraut Law Group Criminal & DUI Lawyers, Inc. (offices in LA at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide a free and totally confidential consultation today. Michael Kraut is a former L.A. city prosecutor (senior deputy D.A.) – he uses his knowledge of prosecutorial tactics and his deep relationships to generate effective defense strategies for his clients.

April 25, 2011

Burbank DUI Breathalyzer Disaster – Alco-Sensor V Breathalyzers Found to Be “Erratic” – Hundreds of Cases Could Be Affected

by Michael Kraut

Last week saw some major breaking Burbank DUI news – the Ventura County District Attorney’s Office released memos showing that Intoximeter’s Alcohol Sensor V breathalyzer tests — used in the field between January 20 and March 31st this year — have demonstrated “erratic results.” The upshot is that many people arrested for crimes like Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI over past three months might have been victimized.

According to reports, an officer in the field discovered the defect in the new breathalyzers. He reported the problem, and the police quickly pulled the machines from the field (128 devices total – each one worth approximately $4,800!).

Further testing revealed that chilling the machines skewed their readings. Officers get four hours of training on breathalyzers before they use them in the field. Intoximeters Incorporated (a St. Louis Company) allegedly put the devices through pretty vigorous beta testing. But despite these precautions, serious design flaws persisted. Tragically, the flaws may have lead to the unjust arrests and convictions of many people in 2011.

As this Burbank DUI blog often points out, the legal limit (stipulated by California Vehicle Code Section 23152(b)) for driving under the influence in CA is 0.08% BAC. This means, in other words, if you blew into an Alco-Sensor V machine and got a reading of, say, 0.10% BAC, you might have been arrested for a crime you didn’t actually commit.

An experienced Los Angeles Criminal Defense Attorney, such as Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (offices in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), would point out that breathalyzers in general have far more flaws than the public typically knows about.

Men and women, for instance, process alcohol differently. Diabetics and dieters often produce chemical compounds known as ketones on their breath which can generate “false positives” on BAC tests. The devices may be poorly calibrated or misinterpreted. The devices may also malfunction under certain pressure and temperature conditions –witness what happened here with the Alco-Sensor V debacle.

This breathalyzer disaster also drives home how important it is for defendants to work with high-quality attorneys. When you are charged with a DUI, not only can lose your license, but you can also be slapped with penalties such as fines, court costs, jail time, mandatory probation, mandatory IID installation, and alcohol school. You may also face negative repercussions for your career and reputation.

Attorney Michael Kraut of Los Angeles’ Kraut Law Group Criminal & DUI Lawyers, Inc. can speak with you about how and why you got pulled over for Ventura County DUI and explain your rights, responsibilities, and “best path” forward, so you feel more comfortable and secure about the direction of your defense.

April 22, 2011

Glendale DUI Penalty Shot – Florida Basketball Superstar Slapped with DUI in Gainesville

by Michael Kraut

Dan Werner, a former basketball player for Florida, got knocked with a DUI in Gainesville last week, and the arrest has echoed across the country – even Glendale DUI bloggers are talking about it. The 23-year-old Werner was pulled over because police noticed that one of his taillights had gone out and he had his high beams on. If you’ve been stopped for Glendale DUI, Burbank DUI, Pasadena DUI, or Los Angeles DUI, perhaps the police first noticed your vehicle because of something minor, like a taillight malfunction.

In any event, Werner argued that “his girlfriend was intoxicated” so he was driving her home. But authorities on the scene noticed that the former B-baller had “watery bloodshot eyes” and had also “consumed two alcoholic beverages” (quotes courtesy of the AP). Police officers also argued that Werner did not perform with grace on field sobriety tests.

But here’s where it gets interesting! (At least for analytical purposes.) The AP report on the arrests notes that Werner’s breathalyzer results were just 0.65% and 0.7%, respectively. Thus, his tests were under the Glendale DUI and Florida limit of 0.08%. Despite the fact that his BAC readings came in under the line, police arrested Werner and then released him last Tuesday on his own recognizance.

You might be surprised to learn that, even if you blow a negative on a Glendale DUI breathalyzer test, you can still be arrested and charged with a crime. The California vehicle code has two basic laws regarding DUI. Section 23152(b) defines DUI as driving with a BAC of 0.08% or greater. But 21352(a) defines the crime slightly differently – if you are under the influence of alcohol, even if you’re not above the limits stipulated in Section (b), you can still be hit with a crime. It’s an unfortunate reality, but it is the reality.

The big question facing people charged with Glendale DUI is: what do you do next?

Although the law provides you with ample opportunity to defend yourself – you can also work with a public defender – experts suggest that you’d be better off retaining an experienced Los Angeles criminal defense attorney.

The stakes for DUI defendants are high. If you put up an inadequate or underadequate defense, you could face jail time, fines, fess, driving restrictions, mandatory education classes, and a host of other penalties. Michael Kraut of Los Angeles’ Kraut Law Group Criminal & DUI Lawyers, Inc. (Offices in Glendale at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide excellent strategic guidance. Mr. Kraut is not only Harvard Law School educated former prosecutor but also a master of jury trials – he has a fantastic success rate, and he is ready to go to trial to defend your interests, if need be.