Los Angeles DUI Attorney Blog

April 20, 2011

Long Beach DUI Twofer – GOP’s Kittle Avoids Jail Time… and a Big Controversy over the Royal Wedding!

Long Beach DUI blogs, like this one, typically don’t stretch to include extraneous news events, like the April 29 royal wedding in Britain. But some interesting controversies regarding the wedding plans may shed light on crucial issues relevant to anybody who has been tagged for Los Angeles DUI, driving under the influence in Burbank, driving under the influence in Pasadena, Glendale DUI, and so forth.

Before we get to the main event, let’s briefly recapitulate a breaking story out of Hamilton County, Indiana. Last Tuesday, James Kittle, the 67-year-old former head of the GOP in Indiana, pled guilty to a misdemeanor DUI charge and managed to avoid jail time.

According to news reports, Kittle got arrested in mid December 2010 in Carmel. Not only did he fail a field sobriety test, but he also blew a 0.10% on a breathalyzer – as our regular readers know, Long Beach DUI breathalyzer results of 0.08% or higher will be enough to get you arrested for the crime of DUI pursuant to California Vehicle Code Section 23152(b). Kittle stepped down as the Indiana Republican Party chair in 2006 – he had been considering trying to re-up, but his arrest put a crimp in those plans.

Meanwhile, the Huffington Post reported on April 12th that the royal wedding may “serve as a rehearsal for Queen’s funeral.” HuffPo quotes an unnamed royal aid in the British paper, Express: “obviously we all hope such a sad event will be a long way off – Her Majesty may be 84, but she is in very good health…(nevertheless) we need to rehearse logistics and timing for what will be a huge ceremony. It may seem odd to think about his grandmother’s demise at the same time as William’s wedding, but having all these diplomats and VIPs in London on April 29 makes it sensible to run through the procedures and things like seating plans.”

Wow. It’s definitely a little bit macabre. But it’s not the only strange aspect of the wedding – another wrinkle, which may be relevant to the Long Beach DUI blogosphere, albeit very indirectly, has to do with the bride-to-be’s mother’s diet. The Dukan diet – a French concoction that emphasizes low carbohydrate, high protein, low fat — is a fad diet that’s sweeping not only Britain but also the United States. It differs from other low carb diets, such as Atkins, because it emphasizes high protein instead of high fat. Without delving into the debate over which method is safer or better, individuals who are on the Dukan diet may want to take extra care when driving along the freeways and surface streets around Long Beach and LA.

When you restrict carbohydrates in the diet, as we discussed in a post last week, your body can produce chemicals called ketones. These chemicals can show up on your breath and skew your breathalyzer readings, as Protein Power’s Dr. Michael Eades and other experts on the subject of carbohydrate restriction have discussed. The moral here is: if you’re trying to emulate the princess-to-be’s mom’s weight loss by going on the Dukan diet, be on the lookout for this potential problem. If you do get pulled over, for whatever reasons, your breathalyzer results may be way off.

For help developing a defense to a DUI charge, connect with a Los Angeles criminal defense attorney. Michael Kraut of Long Beach’s Kraut Law Group Criminal & DUI Lawyers, Inc. (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) would be happy to discuss your situation. Trust this former prosecutor to give you excellent, actionable advice, and help you build a strategy.

April 18, 2011

Los Angeles DUI Blog Discusses the Upcoming Royal Wedding

by Michael Kraut

The last place you think you’d look for an analysis of the upcoming royal wedding between Prince William and his betrothed, Kate Middleton, is a blog devoted mainly to conversations about driving under the influence in Los Angeles. But with literally every single news organization – from the largest papers in Britain and the U.S. to the smallest “two bit” blogs here and abroad — focused on the upcoming nupitals on April 29th, we thought it would be an interesting departure from standard news about Glendale DUI, Pasadena DUI, Burbank DUI and Los Angeles DUI, to review some highlights from what promises to be one of the most gala celebrations of 2011.

One article last week in the U.K. Paper Metro, noted that the street party after the royal wedding will need to be insured for a whopping 5 million pounds. According to Metro, seven different street parties have been approved following the ceremony… and David Cameron himself got into a minor battle with local authorities about whether or not street parties should proceed.

Meanwhile, the Los Angeles Times reported about royal wedding etiquette and dress. Here are some interesting details from that article:

• “There’s a 22 page royal etiquette book explaining some key do’s and don’ts for the big day”
• “If you intend to wear a top hat, make sure to take it off inside the church”
• Simon Cowell (of American Idol fame) is not invited

Lastly, the BBC reports that half a million people will be journeying to London to watch Prince William and Kate Middleton tie the knot. The BBC reports that, back in 1981, the Prime Minister himself slept outside Buckingham Palace the night before the royal wedding just to get a peak. London will no doubt have a lot of logistical preparations to handle this enormous crush of people.

For those of you who lack any connection with the outside world, the wedding will take place on Friday the 29th at 11 AM in Westminster Abby.

Frivolous details about the royal wedding aside, however, let’s quickly review some crucial information about Los Angeles DUI penalties. Not to put a damper on the celebratory mood, but if you do get arrested and convicted of Los Angeles DUI, the court can impose an incredibly diverse array of punishments. Here are just a few:

• Significant jail time
• Fees, fines, and other costs
• Force you to install an interlock ignition device in your car
• Mandatory alcohol school
• Community service
• Difficult probation terms
• License suspension
• Many more penalties

To construct an appropriate defense – whether you stand accused of a complicated injury DUI charge or a simple misdemeanor DUI — Los Angeles criminal defense attorney Michael Kraut can help you simplify your defense strategy. As a former prosecutor (Senior Deputy District DA for LA, to be more specific) and Harvard Law School educated attorney, Mr. Kraut has both the experience and the knowhow to deliver exceptional service. The Kraut Law Group Criminal & DUI Lawyers, Inc. is located at  6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

April 13, 2011

Pasadena DUI Debacle: Montana Judge Who Oversees DUI Court Charged with Driving Under the Influence of Drugs

by Michael Kraut

If you’re caught driving under the influence of alcohol or drugs in Pasadena, and you’re a normal citizen (or a sports star or celebrity), chances are, you will receive your fair share of censure from friends, family, and even the public at large.

But if you’re a judge whose job it is to oversee a DUI court, prepare to be roasted. Judges and lawyers who specialize in DUI in Pasadena, DUI in Glendale, DUI in Burbank, and Los Angeles DUI are (and should be) held to a higher general standard of behavior. Unfortunately, as we will see in this blog post and a related post later this week, even people like judges and attorneys can make grievous driving errors that can have profound consequences for their careers.

To wit, let’s turn our attention to the story of Robert E. Lee (his real name), a justice of the peace in Butte, Montana. He was arrested in November 2010 for driving under the influence of drugs. An AP article last Friday recapitulated the justice’s strange November day.

On November 13th, Lee drove to the Butte Silver Bow County Courthouse and asked officers to let him in because he needed to perform duties at a wedding. According to testimony, “Lee appeared confused and under the influence of alcohol or drugs.” Lee had parked his vehicle in a handicapped zone behind the Courthouse, and investigators found his credit cards and driver’s license scattered on the ground. Suspicious, police asked the judge to perform a field sobriety test, which he failed. The judge later was asked to take a blood test; this test revealed the presence of methadone, and opioid medication designed for anti-anxiety purposes. Officers later found an empty bottle of methadone at the judge’s house – according to the AP: “the 60 tablet prescription had been filled 9 days earlier.”

If you’re arrested for drug related DUI in Pasadena (or elsewhere in Southern California), you can face serious consequences, including prison time, license suspension, strict probation terms, massive fees and fines, and a general degradation of your professional reputation – particularly if you’re a DUI Judge. Since Lee’s charge was a misdemeanor, he should be able to remain on the bench – though it’s not clear whether he will continue to be allowed to set up the DUI court.

Do you or someone you care about need assistance from a Los Angeles criminal defense attorney to battle charges of Pasadena DUI? If so, consider connecting with former Deputy District Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (located conveniently in Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut can give you the guidance and compassion you need to make headway against your charges. He has a fantastic record at jury trials, a deep understanding of LA DUI law in both theory and practice, and a reputation for getting results for his clients even in extremely difficult circumstances.

April 11, 2011

Burbank DUI Shocker: Attorney Arrested for Driving Under the Influence

by Michael Kraut

If you’ve been stuck on Victory Boulevard or Burbank Boulevard in heavy traffic, chances are you’ve had the opportunity to gaze at billboards for lawyers who specialize in Los Angeles DUI and criminal defense. Whatever you feel about the attorneys who put up these ads, you’d think they’d know enough to stay out of trouble themselves.

Unfortunately, even legal professionals, judges, police officers, and law makers who encode the laws for Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI can lose their bearings and get into trouble with our state’s anti-DUI laws.

Although say today’s blog post is about an event out of Orange Country, Florida, its implications for DUI defense are pretty universal. Let’s take a look:

A Florida DUI lawyer had been returning home with a companion, when the companion ran a red light and got stopped by a police officer. The attorney pulled over to check on his friend. As he walked over, the officer noted that lawyer appeared to be stumbling; he suspected the attorney of driving under the influence.

According to the attorney’s report, he had indeed imbibed two drinks over the evening. But he vehemently denied that he was over the South Florida (and Burbank DUI) limit of 0.08% BAC. “[The attorney] brushed off the officer’s allegation as absurd: ‘How can you see one staggering when you’re walking through a grassy median makes no sense.’

The attorney refused to take a field sobriety test but agreed to take a blood test. But when he arrived at the Orange County jail, he was not offered a blood test. According to Allen Moore, a spokesman, the jail does not conduct blood tests. The attorney, a former Sheriff’s Detective, made a $500 jail bond and left jail just after 9 am.

Was the attorney treated fairly by police? Without deeper analysis of what happened, it’s impossible to say. News reports like these often unwittingly bias readers one way or another – as with any Burbank DUI situation, the only way to really get at the truth is to engage in a long and discerning probe of the evidence and testimony.

Unfortunately for the attorney, irrespective of whether he can vindicate himself and clear his record, his business may suffer. He contends that the officer who arrested him knew him by name, and that that’s why the arrest occurred. Here’s exactly what he said: “100%, the facts will show that [he] was not impaired while driving. He was not even cited for any traffic violations, had stopped to assist another motorist, a friend, and then was detained by an overzealous OPD officer they knew me by name and immediately detained me.”

The major takeaway here is that DUI arrests can be scary, no matter how well you know the law, and no matter how trained you are. To get over that feeling of overwhelm and anxiety, consult with a Los Angeles criminal defense attorney with a great record at jury trials, and lots of experience as a former prosecutor. Connect with Mr. Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. in Burbank at  2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810 to get a free and completely confidential consultation about what to do next.

April 8, 2011

Glendale DUI “Yikes” Situation – Two Women Zapped With DUI in the Same Car

by Michael Kraut

Every once in a while, a case of driving under the influence in Glendale (or elsewhere) is so odd that you’re left scratching your head. Huh? Is that really possible?

Events that prove exceedingly rare – such as “hitting for the cycle” in baseball or a “blue” moon (two full moons in one month) — attract our attention because of their novelty and because, perhaps, of our innate capacity as human beings to get superstitious over eccentric events.

In any event, getting arrested for driving under the influence in Los Angeles, DUI in Glendale, Pasadena DUI, or Burbank DUI in and of itself is not a particularly unusual event. Thousands of drivers (including celebrities and sport stars) get stopped every year for said crimes.

But two women in Vermont got hit with DUI charges last week in a very, very rare situation. 22-year old Caryn Pletzer and 25-year old Ashley Griffin got snagged for DUI in Vermont on I-89 in the small town of Williston, the Saturday night before last. Pletzer had been driving, when she and her friend got into an argument. During the tussle, Griffin grabbed the steering wheel, causing the driver to lose control and roll the car over a number of times.

Both young women got taken to Fletcher Allen Healthcare to be treated for back injuries – fortunately; it appears they were not hurt beyond these minor injuries. Since both women had been under the influence of alcohol, they now BOTH face DUI charges. Even though Griffin wasn’t driving the vehicle, since she grabbed control of the steering vehicle, that’s enough for the DUI charge. Griffin also faces charges of gross negligent operation of a vehicle and aggravated assault.

Although there have been other instances of two people in the same car getting arrested for DUI during one stop – this blog actually covered one such instance a few weeks ago – a superficial scanning of news stories online has failed to show whether three people or more have been arrested in the same car for DUI. But it’s definitely possible.

The Glendale DUI process is essentially the same whether you’re stopped in some kind of exotic situation like Griffin and Pletzer were, or you were stopped in a more mundane situation:

• You get stopped at either a DUI checkpoint or a traffic stop and checked for symptoms of intoxication, such as bloodshot eyes and slurred speech.
• Officers will investigate you for DUI using preliminary alcohol screening devices and field sobriety tests.
• The officer will arrest you, generally pursuant to California Vehicle Code Sections 23152 (a) or 23152 (b).
• You find representation. You can represent yourself, work with a public defender, or retain an experienced Los Angeles criminal defense attorney.
• You must deal with the automatic suspension of your license DMV hearings by wrangling with forms such as the suspension order and temporary license form.
• Your arraignment.
• Your pre-trial hearing – if you can’t resolve the situation during pre-trial, (only happens in one out of twenty cases) you move onto…
• Jury trial.
• Post trial. Perhaps your case will be dismissed or you will be found not guilty. Or perhaps you will face a sentence, and you’ll have to serve that.

Glendale DUI defendants can trust attorney Michael Kraut, located at:  121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123 . Not only does Mr. Kraut have a fantastic record of jury trials and a terrific reputation within the Los Angeles DUI community, but he also has a Harvard Law School education and 14-plus years under his belt as a Deputy District Attorney.

April 6, 2011

Long Beach DUI Shenanigans – Reality Star Joe Giudice Could Face a Decade Behind Bars for Drivers License Fraud

by Michael Kraut

Discussions about Long Beach DUI and DUI elsewhere in the US inevitably pivot back to celebrity drama. It’s unfortunate, given that most cases of DUI in Glendale, DUI in Pasadena, Burbank DUI, and Los Angeles DUI involve ordinarily law abiding citizens who make miscalculations or errors of judgment.

But DUI tabloid stories inevitably pop-up – often more than once a week, as this blog has covered – and these stories tend to make all DUI defendants look like nincompoops.

Case in point: Joe Giudice, the husband of Bravo reality star Teresa Giudice (of Real Housewives of New Jersey) was busted the Friday before last for obtaining a phony driver’s license. As this blog covered few weeks ago, Giudice was arrested for driving under the influence in 2010. Anyway, he apparently secured a phony driver’s license using his brother’s ID. The 40-year old was held on bail of $50,000.00. His maximum penalty could be a decade (10 years) behind bars for this crime.

Teresa Giudice apparently was completely oblivious to the potential perils. Following the bust, she took to her twitter account: “Happy Friday! Going to Mount Airy in the Poconos tonight, cooking for my fans! What is everyone else doing?”

The DUI penalties for Long Beach DUI recidivist (repeat) offenders can be painful and life altering. Most regular readers of this blog – and any good Los Angeles criminal defense attorney – can now recite by rote the first time misdemeanor DUI penalties that the court can impose, which include DUI alcohol school; jail time of 48 hours minimum, six months maximum; court costs and fine of up to $1,000.00; formal probation; one year CA driver’s license suspension; and possibly you’ll have to install an interlock ignition device on your vehicle.

But multiple offences can lead to an escalation – or ratcheting up – of your penalties on practically every dimension. You could face more jail time, a longer license suspension, longer time in alcohol school, bigger fines, more court costs and stricter prohibition terms. Moreover, if you get arrested for multiple times within a 10-year period, prosecutors could try to charge you with a felony instead of just a standard misdemeanor. This again has life-altering consequences – a felony is a much more serious charge. Convicted felons can be haunted for years by their conviction and find it much more difficult to get loans, find work, and rebuild their professional reputations.

Long Beach DUI attorney Michael Kraut (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can answer your questions about your DUI. Even if you’ve gotten into complicated legal trouble, this former prosecutor and Harvard Law School educated attorney has the wherewithal and intuition (as well as experience with the system) to deliver results.

April 4, 2011

Pasadena DUI “Century Club” – Texas Man Faces 99 Years behind Bars for 16th DUI

by Michael Kraut

Many recidivist Pasadena DUI drivers – people who’ve been arrested more than once for a crime like driving under the influence in Pasadena, Glendale DUI, Burbank DUI, Los Angeles DUI, etc — wrestle with deep and hard to crystallize psychological problems.

A DUI can happen to the best of people with the best of intentions. For instance, say a person goes to a cocktail party and leaves after only having two drinks. But she fails to recognize that drinking on an empty stomach has elevated her BAC to above the Southern California DUI legal limit of 0.08%. She then gets stopped at a checkpoint and arrested. Her life comes crashing down.

Even recidivist offenders often face only relatively innocuous demons. For instance, maybe a guy who gets arrested three times over the course of 15 years for DUI simply lacks intuition for how much alcohol his body can handle.

What about a 16 time DUI recidivist, like 52-year old James Steven Corley of Montgomery County, Texas? Hmm. He may have some serious issues to work out. Unfortunately for Corley, his 16th life-time conviction for DUI was the final straw, according to local prosecutors. Last August, an officer saw Corley weaving in his lane and driving with a broken tail light. The officer pulled him over and found him to have a BAC of 0.10%.

According to the Deputy District Attorney for Montgomery County: “This defendant is an extremely dangerous driver…practically every time he is getting behind the wheel of a motor vehicle, according to the testimony, he is driving drunk. He testified that whenever he does it, he doesn’t think about anybody who is on the street with him. It’s all about him. All about getting drunk.”

According to an analysis of the case, Corley might be able to get parole in 10-15 years, depending on his behavior and other factors. A 99-year jail sentence for DUI – even for an extreme case of Pasadena DUI – is relatively unusual. Do note, however, that you can easily get a lengthy jail sentence for Pasadena DUI murder or vehicular manslaughter. When you hurt another person – or kill somebody – obviously your potential penalties go way, way up, even if you’re a first time DUI driver, and even if you were just barely over the limit.

If you did hurt or kill someone, prosecutors and the judge will take into account a variety of other factors, including your level of intoxication, past criminal history (if any), your past DUI history, and the quality of your driving when you caused the injury accident.

To make a sensible defense, look to a quality and well regarded Los Angeles criminal defense attorney. The law allows you to defend yourself in a complicated Pasadena DUI injury case. But in general, you’d be advised to retain professional counsel.

Mr. Michael Kraut (of the Kraut Law Group Criminal & DUI Lawyers, Inc. — 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has deep experience helping clients just like you in complicated and unfortunate DUI circumstances. For years, Mr. Kraut served as a Deputy District Attorney for the city – during which he actively worked to put DUI offenders behind bars. As a result of his stint (14 plus years) as a prosecutor, Mr. Kraut has developed a profound understanding of how prosecutors think, and he also developed a veritable arsenal of tools and strategies to help his clients battle their charges effectively.

March 30, 2011

Long Beach DUI Sexual Battery: San Diego Officer Slapped with 10 Felony Counts for Harassing Women

by Michael Kraut

Most salacious stories involving Southern California DUI involve drivers doing or saying queer things that illicit eye-rolling, head-shaking, or other condemnation. But last week, the tables turned: Instead of a DUI defendant getting charged with a crime like DUI in Burbank, DUI in Glendale, Pasadena DUI, or Los Angeles DUI, a San Diego police officer was charged with harassing up to nine different women during a string of DUI stops.

As the San Diego Union-Tribune reported on March 21, Officer Anthony Arevalos pled not guilty to 10 different felony counts pursuant to charges that he sexually assaulted, restrained, and falsely imprisoned several women over the course of months. Officer Arevalos allegedly pulled over women in the Gaslamp Quarter in San Diego on October 22, December 29, March 8, and several other times for DUI and then proceeded to “ask them all what they could offer him to get out of their compromising situations. The women ranged in age from 20 to 31.”

According to Deputy DA Sherry Thompson, Arevalos scared the women by pointing out how costly Southern California DUI defense can be. In one of the most salacious examples of the alleged abuse, “he asked a woman leaving Mardi Gras celebrations what it was worth to her to get out of an arrest… Arevalos responded by directing her to drive to a nearby 7-Eleven and then allegedly asked for her panties and bra in a locked restroom… The woman claims that he then put his arm around her and fondled her crotch before letting her go.” According to the Union-Tribune, authorities have surveillance video of this act occurring.

Obviously Arevalos’ alleged misbehavior was not only illegal but also a violation of the rights of DUI suspects. Long Beach DUI process must be upheld. If a police officer fails to follow proper protocol by setting up a checkpoint station incorrectly or by violating the Constitutional rights of suspected DUI drivers, then the charges can be dismissed, and the officers who violated your rights can even get in trouble.

The challenge that many Long beach DUI defendants face is how to demonstrate that they are actually telling the truth. Often, a defense seems like it must devolve into a game of “he said, she said” – your word versus the word of one or several police officers.

Fortunately, a competent and experienced Los Angeles criminal defense attorney can prepare you effectively to meet challenges and build a compelling, evidence-based argument to either get your charges dismissed or get them pleaded down. Michael Kraut of Long Beach’s Kraut Law Group Criminal & DUI Lawyers, Inc. (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) is a Harvard Law School educated ex-prosecutor for the city (14+ years as a Deputy DA) who boasts a terrific record at jury trials and a history of getting excellent results for clients even in difficult, legally complicated situations.

March 28, 2011

Burbank DUI Disaster for NFL Hopeful – Will Michael Floyd Ever Again Play for Notre Dame?

by Michael Kraut

The annals of Burbank DUI arrests are filled with sad stories of honest people making honest mistakes and careless people making dumb mistakes. Sometimes a situation like a Burbank DUI, Pasadena DUI, Glendale DUI, or Los Angeles DUI will end in tragedy – for instance, someone gets severely hurt or killed. Other times, it merely ends with embarrassment and a loss of professional and personal reputation. In still other cases, the DUI stimulates a positive change for the defendant and helps him or her come to terms with a budding alcohol problem or a deeper psychological problem.

Unfortunately, many young sports stars – who are trained to believe they are invulnerable – often fall victim to their own carelessness and hubris, and they do things like stupidly drive DUI. Doing so can destroy their careers and lead to heartbreak for friends, family members, and fans.

A week ago Sunday, Michael Floyd, a star receiver for the Notre Dame Fighting Irish, got arrested for DUI in South Bend, Indiana after blowing a 0.19% on his breathalyzer test and failing field sobriety tests three different times.

The 21-year-old Floyd decided to pass over the 2011 NFL Draft to play for his senior season. Last year 2010, he had 12 touchdowns, 79 catches, and 1,025 yards. Following his DUI arrest, a short period of incarceration at the South Bend, Indiana jail, and a payment of a $500 bond, Notre Dame Coach Brian Kelly informed the hopeful that he had been “suspended indefinitely from football team related activities.” Floyd released a statement last Monday apologizing to his friends, coaches, teammates, and fans for “my behavior this weekend” – but will the contrition be enough to save his career?

The answer is obviously up for debate, but the story illustrates how seriously DUI can undermine your life, even if you don’t ultimately get convicted.

Burbank DUI field sobriety tests are probably similar to the ones that Michael Floyd took (and allegedly failed) a week ago. But what exactly happens when you take these tests? Generally, the first test that you get is a vision test called the horizontal gaze nystagmus test. An officer shines a flashlight in your eyes to see how your pupils react to the stimulus. You will also be asked to do a bunch of balancing and coordination tests – touch your nose with your fingers, stand on one leg, walk back and forth across a line, etc. Your mental acuity may also be tested. For instance, you may be asked to recite the alphabet backwards or to count backwards. Officers will also take into account other potential “symptoms” of DUI, such as alcohol on your breath, slurring words, bloodshot eyes, admission to having drunk, disheveled appearance, and inconsistent storytelling.

A Los Angeles criminal defense attorney, like Burbank’s Michael Kraut, can help you piece together a strong and evidence-based defense and help you figure out how to respond to charges against you. Michael Kraut served for many years as a Deputy District Attorney for LA, and he is widely respected as a pundit who speaks on national television about Burbank DUI matters. The Kraut Law Group Criminal & DUI Lawyers, Inc. is located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810.

March 25, 2011

Los Angeles DUI Law Ineffective? Sacramento Bee Questions Wisdom of IID Law

by Michael Kraut

As this blog reported many months ago, the world of Los Angeles DUI got shaken up significantly last year when a pilot program went into effect in Los Angeles, Sacramento, Tulare, and Alameda Counties that mandated that convicted DUI drivers install ignition interlock devices (IIDs) in their vehicles – even for first time DUIs. These “test counties” have demonstrated surprisingly lackluster results, according to a Sacramento Bee analysis published last Monday.

Before we dive into the analysis, let’s recapitulate what this law mandates, so that if you or someone you care about has been pulled over for driving under the influence in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, you will understand a little bit more of what’s at stake.

The law – champion by Mike Feuer, a Democratic assemblyman from L.A. — requires DUI convicts to install a breathalyzer-like device called an ignition interlock device in his or her automobile for five months. Until if you blow a “sober” breath into the device, you can’t start your car. The IID should, at least theoretically, thus prevent recidivist (repeat) Los Angeles DUI drivers from endangering themselves and others on the road.

Unfortunately, statistics suggest that the DUI law is not working as planned. Since its incipience, over 13,000 people have been convicted of DUI in the test counties. But California officials confirm that just 1,335 of these convicted drivers got IIDs in their vehicles. Some experts believe that many convicts might be driving illegally – without an IID or even a valid driver’s license.

Assemblyman Feuer is not oblivious to the problem. The Friday before last, he admitted that it may be time to assess the efficacy of the law: “lives are at stake… it’s extremely important we implement this properly.”

From a policy standpoint, we can draw a lesson here. Sometimes solutions that seem “extremely obvious” lead to weird consequences. The cure can be worse than the disease.

This isn’t to say that the Los Angeles DUI program can’t be somehow rehabilitated or made to be more effective – just that policy makers need to have a certain amount of humility and need to rely more on data than on emotion when constructing creative solutions to make our roads safer.

From a practical point of view, if someone you care about has been charged recently with a crime like DUI, a Los Angeles criminal defense attorney (such as Michael Kraut, a Harvard Law School educated former prosecutor who has offices at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide crucial advice. Build a better defense by connecting to a knowledgeable, results proven (99% success rate at jury trials) lawyer now.