Los Angeles DUI Attorney Blog

March 23, 2011

Long Beach DUI Dilemma: What to do about all these sports stars getting arrested?

A week ago Sunday, Bryson Smith, a 22-year-old baseball player for the University of Florida, got smacked with a DUI charge and taken to Alachua County Jail – Long Beach DUI experts and others who follow the world of sports news have noticed an uptick in stories about young athletes like Smith getting in trouble for driving under the influence, violating the terms of their contracts, and generally tarnishing the reputations of their sports.

As this blog has relentlessly pointed out in discussions about DUI in Pasadena, DUI in Glendale, DUI in Burbank, and DUI in Los Angeles, sports and DUI simply do not mix. But professional bobsledders, GMs of the nation’s most prestigious teams, and superstar MLB and NFL players alike seem to be getting in DUI trouble these days. Why? What’s going on?

More specifically, what happened to Smith?

According to Gainesville Police Department reports, the 22-year-old had been out with his friends at a bar called Cantina 101, when officers saw his vehicle swerving around Northwest 22nd Street, making unusually wide turns and drifting across lanes. Officer Jessie Bostick pulled the suspect over and put him through field sobriety tests (FSTs), which apparently did not go so well.

Officer Bostick reported that Smith “performed poorly on field sobriety exercises… and had bloodshot and glassy eyes.” After Smith was arrested and taken to jail, he refused to take a breathalyzer test. His coach, Kevin O’ Sullivan, released a statement: “I am aware of the charges against our baseball student athlete, and we take these very seriously… Bryson Smith has been suspended from the team effective immediately.”

Coach O’ Sullivan clearly did not want to have to suspend his key player – Smith was hitting .345 for his team with 5 RBIs on the season – one of them a game winner.

The symptoms of a Long Beach DUI that police look for are often “obvious.” In this case, the officer saw Smith swaying from side to side and observed him to have glassy and bloodshot eyes. Other common symptoms include: inability to respond to officer questions, odor of alcohol on the breath, admission to having drunk alcohol (Smith said he had one beer), empty containers of alcohol in the vehicle, slurred speech, loss of coordination, and inconsistent story telling.

As we just said, these symptoms seem “obvious.” Unfortunately, what often might appear to be clear signs of intoxication can actually be attributable to something else. For instance, someone can pull an all-nighter and thus have red bloodshot eyes because of fatigue. Someone might be uncoordinated and not be able to “get it together” enough for FSTs.

Conversely, just because you test negative for symptoms doesn’t mean that you are NOT DUI. For instance, a trained athlete with a great sense of balance might be able to pass the “walk the line” test with flying colors… even with a BAC more than twice the Long Beach DUI legal limit.

A Los Angeles criminal defense attorney, like Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454), can answer your questions about your DUI case. Talk to a Harvard Law School educated ex-prosecutor about your best and smartest plan to deal with the charges.

March 21, 2011

Glendale DUI Setups: Divorced Dads Targeted in Nefarious “Dirty DUI” Scam

by Michael Kraut

Here is how the scam typically happened. A divorced dad in the midst of a bitter custody battle finds himself approached by two gorgeous women at a local watering hole, gets seduced into driving to a “hot tub party” and then suddenly, out of nowhere, finds himself pulled over and arrested for driving under the influence in Glendale.

Turns out, the dad was set up. His wife had hired Christopher Butler, an ex-cop, to arrange the “dirty DUI” operation by hiring the women to seduce him and then alerting law enforcement agents as the man took the road. The result? A DUI in Los Angeles, DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI anywhere else in Southern California.

Sounds like fiction? Think again.

The San Francisco Chronicle and Daily Mail Reporter detailed this “dirty DUI” scam in a recent story. Among the divorcees caught up in the trouble:

* 46-year-old David Dutcher — he was stopped in 2008 for DUI after a woman he met on match.com invited him back to hot tub with one of her friends. The police pulled him over and found him to have a BAC of 0.12% (Southern California DUI limit is 0.08%).

* 46-year-old Declan Woods — This contractor was busted in July 2007, after a younger woman got him drunk at Ed’s Mudville Grill and the Clayton Club Saloon. Woods hopped in a car to follow the woman to more partying at Walnut Creek, when he got pulled over by the police – a 0.21% BAC breathalyzer reading and a devastating arrest quickly followed.

Although these divorced dads got “seduced” into breaking the law (by driving under the influence), they clearly should have known better.

On the other hand, their wives and Mr. Butler (the ex-police officer who set things up) should also be ashamed. Inspiring people to drive under the influence in Southern California is reprehensible, whatever the reason.

But if you’ve been caught for driving under the influence in Glendale or elsewhere, you may not need to prove that you were “set up” in order to build a good defense. Indeed, simply questioning the methodology and accuracy of the breath test can be enough to break down the prosecution’s case against you. You might think that a Glendale DUI blood test or breathalyzer test that shows a positive for DUI would be essentially incontrovertible evidence that you did something wrong and broke the law. But, surprisingly, such tests can often be compromised and misleading.

An experienced Los Angeles criminal defense attorney can take a look at the test results and help you develop a smart way to minimize your penalties and maximize your chances of the best possible outcomes. Connect with Michael Kraut’s Kraut Law Group Criminal & DUI Lawyers, Inc. (offices in Glendale at : 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) to get your critical questions about your Glendale DUI answered right now.

March 16, 2011

Long Beach DUI Madness — Miguel Cabrera Tells Officers: “Shoot Me, Kill Me”

by Michael Kraut

When a police officer pulls over a driver for suspicion of driving under the influence in Long Beach (or elsewhere throughout the Los Angeles/Southland region), tempers can flare and the situation can even become violent. It’s all too easy to compound a Burbank DUI, Pasadena DUI, DUI in Glendale or Los Angeles DUI situation by fleeing the scene of a crash, confronting an officer, or otherwise acting in a way that will make it more difficult to defend yourself in court later on.

Case in point: Detroit Tigers’ slugger Miguel Cabrera’s recent DUI arrest in Florida.

According to police video from the MLB player’s arrest (as well as 911 calls and 42 pages of arrest affidavits), Cabrera made multiple mistakes, which will likely compound his DUI trouble and may lead to significant legal problems.

First of all, prior to his DUI arrest, Cabrera allegedly made a series of threats at a nearby restaurant, Cowboy’s Bar-B-Q & Steak Company. The manager on duty told him that the bar and dining sections were closing – news that Cabrera did not like. He allegedly threatened to attack the manager and his staff with a gun and “blow up the restaurant.” The threats were serious enough that the bartender called 911.

Cabrera left the restaurant and headed towards the Tigers’ spring training camp in Lakeland in central Florida. His SUV broke down. Police officers soon showed up on the scene. Cabrera allegedly threatened the police, drank a bottle of Scotch whisky in front of them, and gave one of the officers the bird. When the patrol trooper tried to arrest him, Cabrera “pushed off the vehicle” — a defensive/aggressive move that earned retaliation from the trooper in the form of “3 to 4 knee spikes” into Cabrera’s leg.

Misbehavior, violent actions and threats to the police can vastly complicate your Long Beach DUI situation. You also might experience escalated penalties if you hurt someone while operating a vehicle while DUI.

Here’s the scoop:

Typical misdemeanor charges are dealt with under California Vehicle Code Sections 23152(a) and 23152(b). Injury Long Beach DUI matters are charged under slightly different vehicle code sections – 23153(a) and 23153(b). From the labeling, that might not sound like a big difference – you go from 23152 to 23153. So what? But the consequences for your potential punishments are profound. 23153 allows prosecutors to elevate misdemeanor charges to felony charges.

Do you know the difference between a misdemeanor and a felony? The difference is enormous. If convicted of a felony, you may get significantly longer than one-year in jail, permanently lose the right to hold public office and vote, and suffer incalculable damage to your professional reputation, credit, ability to get loans, and ability to negotiate favorable probation conditions.

A qualified and reputable Los Angeles criminal defense attorney can help you build a sound and sensible strategy to combat the charges against you. Michael Kraut of Long Beach’s Kraut Law Group Criminal & DUI Lawyers, Inc. (located at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) has a long and decorated history of helping defendants. With a 99% success rate at jury trials, 14 plus years as a former prosecutor, and a Harvard law school education, Mr. Kraut can give you the guidance and legal help you need to get best results.

March 14, 2011

Burbank DUI Celebrity Arrest Alert: ESPN Commentator Harry Teinowitz Slapped with DUI in Illinois

by Michael Kraut

When sports stars and celebrities get pulled over for driving under the influence in Burbank, Southern California, or elsewhere in the nation, the national news media and the blogosphere react with shock, awe, and dismay. In many situations, defendants are deemed “guilty” in the eyes of the public, even before counter evidence or counter arguments can be heard.

If someone you love – or yourself – recently got arrested for violating the law against driving DUI in Glendale, DUI in Los Angeles, DUI in Burbank, or DUI in Pasadena, chances are you’ve already experienced some of this unfair “prejudgment” — even among friends and associates.

Consider the case of Harry Teinowitz, a famous radio talk show host for ESPN’s WMVP-AM radio. The 50-year old announcer got stopped for DUI in Illinois the Friday before last and tested to have a blood alcohol concentration of 0.131% (nearly twice the legal limit for Los Angeles DUI – 0.08% BAC). After getting released from jail through via a $1,000 bail bond, Teinowitz returned to his radio show last Monday (“The Afternoon Saloon”) and addressed his listeners about what happened.

Teinowitz said: “some of you may have heard about the incident that occurred last Friday night. I made a horrible mistake in judgment… and I take full responsibility for my actions. I let my family down. I let you guys, the listeners who I love, down and I let the company I work for down. And I’m deeply sorry… this doesn’t define me: what happens from now defines me.”

Note Teinowitz’ extremely defensive tone. Like many people arrested for driving under the influence in Burbank (a misdemeanor as defined by California Vehicle Code Sections 23152(a) or 23152(b)), Teinowitz understands the instant stigma that attaches to defendants in DUI cases. It’s easy to find yourself attached to the label of “DUI defendant” and to feel judged – not only by friends, peers, and outsiders but also by yourself.

The key to remember is that labels and moralistic judgments don’t necessarily define the essence of who you are. In many ways, it’s the lessons we learn, the actions we take, and the motion we take towards helping others and helping ourselves that defines our humanity. As important as it is to respond alertly and fairly to your DUI charges – and that doesn’t necessarily mean avoiding all punishments, by the way — it’s equally important to give yourself a certain degree of forgiveness and to move away from labeling yourself as “good, bad, unfairly targeted, et cetera.” Instead, focus on identifying the most resourceful path to getting what you want and to ensuring the safety and well being of others in your family and other drivers in the road.

Obviously, you have some practical issues that you are facing right now, if you are a Burbank DUI defendant. 23152(a) and (b) convictions can lead to plenty of uncomfortable penalties, ranging from community service to jail time to probation to the mandatory putting in of a device called an interlock ignition device, which makes it impossible for you to drive unless you blow a sober breath into a machine.

A quality Los Angeles criminal defense attorney, such as Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (located in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can deliver the much needed strategic guidance and compassionate support you need during this tumultuous time. Trust a Harvard Law School educated former prosecutor to build your defense today.

March 11, 2011

Long Beach DUI Sports Update: Coco Crisp Popped for DUI at Spring Training

by Michael Kraut

Last Wednesday, Oakland A’s outfielder (and former Red Sox icon) Coco Crisp got pulled over in Scottsdale, Arizona on suspicion of DUI – blogs that follow sports and Long Beach DUI news jumped on the story, possibly because the outspoken outfielder had been driving a 2009 Rolls-Royce Phantom (valued at $400,000+) when he got pulled over.

Most arrests for DUI in Burbank, DUI in Glendale, Los Angeles DUI, and Pasadena DUI, involve vehicles worth well less than $400,000. They also usually involve non-celebrities. So let’s get the full story behind Coco Crisp’s “beyond the run of the mill” DUI bust.

According to a report from TMZ.com, the police officer who pulled over Coco “observed signs of intoxication… after Mr. Crisp agreed to and performed field sobriety tests, he was arrested without further incident.” The AP report states that Crisp made his bail and actually made it to Phoenix Municipal State Event in time to play an exhibition game against the Indians. The Oakland A’s released a statement saying that the team was “taking Crisp’s situation seriously,” but team officials withheld additional comments “until further details are available.”

According to the AP, Crisp was the third major leaguer to be nabbed for DUI during this year’s spring training season – other arrests include Miguel Cabrera (Detroit Tigers), who got nabbed for Florida DUI in February, and Austin Kearns (Cleveland Indians), who got nabbed for DUI in Kentucky on February 12th.

Mr. Crisp allegedly failed his field sobriety tests (FSTs), but what exactly constitute Long Beach DUI field sobriety tests?

Here is a quick primer (or reminder, if you’re a regular reader of this blog) of standard Southern California DUI FSTs:

• Horizontal gaze tests – An officer checks the reaction time of your pupils for an indication of a delay, which might indicate DUI.
• Finger to nose test – Suspect is asked to close his (or her) eyes and to try to touch his (or her) nose.
• Other balancing tests, such as the “stand on one leg” test, Rhomberg test (tilt the head backwards and count to 30), and walk the line test (walk several paces back and forth along a line, such as the white line on the side of the road).
• Mental coordination tests – (e.g. counting the alphabet backwards or counting numbers backwards by threes).

If you or someone close to you has been arrested for the crime of driving under the influence in Long Beach, a reputable Los Angeles criminal defense attorney, such as the Kraut Law Group Criminal & DUI Lawyers, Inc.’ Michael Kraut, can give you much needed guidance and strategic assistance.

Mr. Kraut’s Long Beach offices are located at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454. In addition to having served for 14+ years as a city prosecutor and having attended Harvard Law School, Mr. Kraut has a 99% success rate at jury trials and an excellent reputation in his industry. Prosecutors and judges respect him, and major media outlets, such as the New York Times, LA Times, BBC, and KTLA News, have had Mr. Kraut on as a guest commentator to discuss Los Angeles DUI news.

March 9, 2011

Los Angeles DUI Bloggers Note Explosion of Baseball Related DUI Arrests

by Michael Kraut

Austin Kearns, a Cleveland Indians outfielder charged with DUI few weeks ago, will appear in Jessamine County District Court on March 10th: those who follow Los Angeles DUI news have noticed that major leaguers like Kearns, Miguel Cabrera, and Coco Crisp have all been snagged by DUI charges recently. Is this a wakeup call for the MLB?

Here’s the reality: celebrities and sport stars appear to be treated differently when they get arrested for DUI in Burbank, DUI in Pasadena, Glendale DUI, and DUI in Los Angeles. But the law — at least in theory! — affords the same exact legal resources to all defendants. Some MLB analysts have pointed to Kearns’ arrest — and his reaction to being pulled over – as indicative of a “holier-than-thou” attitude some celebrities take when they get caught doing illegal acts.

Irrespective of whether that’s true or not, here are the key details about Kearns’ stop:

• Police in Jessamine County pulled the 30-year-old outfielder over on February 12th at around 2:30 in the morning on Golf Club Drive.
• Kearns allegedly had been driving down an emergency road without his headlights on, and he was weaving all over.
• The Deputy Sheriff noted that Kearns “smelled of alcohol and had slurred speech” and “was very unsteady on his feet and leaned against the vehicle to steady himself.”
• Kearns refused to take field sobriety tests, and he refused to take a breathalyzer test.
• In addition to his DUI charge, Kearns faces a charge for failing to keep up his insurance.
• He paid $100 on a $1000 bond to get released from jail.
• The report alleges that Kearns admitted that he had drunk “a couple of bourbons and cokes” and that he asked the officer to “cut him a break.”
• The Cleveland Indians released an official statement last Tuesday saying that the team was aware of the arrest and that the club “take(s) these issues very seriously and is disappointed about the circumstances.”

One point we’d like to look at more: Kearns refused to take a breathalyzer test. What exactly ARE Los Angeles DUI breathalyzer tests? And are they as reliable as most people believe?

Breathalyzers are portable contractions that use chemical tests to gauge the concentration of ethanol alcohol on the breath. In theory, the technology is both simple and brilliant. A suspect simply blows into a tube, and the breathalyzer spits out a reading saying whether not you are DUI in Los Angeles or not (for a standard misdemeanor arrest, the cut off line is 0.08% BAC).

Unfortunately, breathalyzers are surprisingly unreliable. They don’t distinguish between men and women, for instance, and men and women process alcohol differently. The degree to which you blow into the machine can also have a profound effect on the reading. If you blow too much, you will register a BAC higher than you might actually have, for instance. Also, chemicals on your breath (such as ketone bodies that diabetics produce) can tilt the readings as well and can lead to false positives.

A Los Angeles criminal defense attorney, such as Michael Kraut of LA’s Kraut Law Group Criminal & DUI Lawyers, Inc. (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you address your DUI charges effectively. With a Harvard Law school education and a 99% success rate at jury trials, this ex-prosecutor will exceed your expectations.

March 7, 2011

West Hollywood DUI Shocker: Christina Aguilera and Her Boyfriend Busted

by Michael Kraut

Last Tuesday, Matthew Rutler, the 25-year old boyfriend of pop princess Christina Aguilera, got arrested for driving under the influence in West Hollywood. Christina herself was booked for public intoxication.

When celebrities get pulled over for driving under the influence in Pasadena, DUI in Glendale, DUI in Los Angeles, and Burbank DUI, the tabloids and blogosphere scramble to shine light on the story. For instance, within hours of the news break, hundreds of websites had information about how Rutler blew a 0.09% on his breathalyzer test (Southern California DUI limit is 0.08%, as this blog has often emphasized).

The tabloids have been buzzing about Christina’s recently “erratic” behavior, noting that the 30-year old pop star was visibly intoxicated at a colleague’s birthday party in January. Christina also famously forgot some of the words to The Star-Spangled Banner when she sang the anthem at the Super Bowl. A recent People Magazine story quoted a friend: “there is a real concern about this guy (Rutler), and a lot of her friends feel she needs to get away from him…hopefully, what happened (last Tuesday’s DUI in West Hollywood) is a real wakeup call.”

The media ignores non-celebrities arrested for Beverly Hills DUI. These defendants often lack good guidance, and they feel confused, scared, and overwhelmed about how to construct their defense.

Before we talk about potential resources to help you (or a friend or family member), let’s return to the legal definition of driving under the influence in Beverly Hills. California Vehicle Code Sections 23152(a) and 23152(b) define the crime of misdemeanor DUI in California. Section 23152(a) talks about the definition of driving while impaired by alcohol or drugs and stipulates the potential penalties the court may enforce. Section 23152(b) offers a subtle difference – it defines Beverly Hills DUI as driving with a blood alcohol concentration of 0.08% or greater.

For injury DUIs, two other California Vehicle Code Sections – 23153(a) and 23153(b) – may come into play. These take what might ordinarily be a misdemeanor charge and elevate it to a felony charge.

Whether you have been pulled over for a simple misdemeanor DUI, or you face a complicated court battle, a Los Angeles criminal defense attorney can answer your questions, work with you to develop a clear and effective strategy, and give you ongoing guidance to ensure that you obey the law, please the court, and minimize your potential hassle and punishments.

Connect with attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (offices in Beverly Hills at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Mr. Kraut spent nearly decade and a half as a Los Angeles prosecutor, during which time he developed a deep understanding of how prosecutors work. He now leverages that knowledge on the behalf of criminal defendants, and he has a reputation for getting terrific results.

March 2, 2011

Glendale DUI News Alert: Bad News Comes in Fours

by Michael Kraut

Getting arrested for driving under the influence in Glendale or elsewhere in Southern California is no picnic. But often, offenders compound their legal woes both during and after arrest. We’re going to take a look at two unfortunate stories from the past week – both involving the number four. One involves a North Dakota man who got arrested twice in four hours for DUI; the other involves a Pennsylvanian man who racked up his fourth DUI in a McDonald’s parking lot.

If someone you care about has gotten arrested for Glendale DUI, Burbank DUI, DUI in Los Angeles, or DUI in Pasadena, these two cautionary tales may be quite useful to you.

Turmoil in West Fargo
The AP reports that, last Thursday, a 40-year-old man got pulled over at 2:20 A.M for suspicion of DUI in West Fargo, ND. The man made his bail and then immediately got behind the wheel again. Some passerby saw him “slumped over the wheel of a running vehicle with its lights on” at 5:40 A.M. Surprise, surprise, the police promptly busted the man again for DUI – not even four hours had elapsed between arrests.

Big Woes in Ridley Township
Meanwhile, more than 1,000 miles away in Ridley Township, Pennsylvania, Christian M Sweeney smashed his red Oldsmobile into a woman waiting in a McDonald’s drive-through. Just two months ago, Sweeney had passed out in front of a Wawa. Police tested him for DUI, and he blew an astounding 0.62% BAC on a breathalyzer. For some perspective on this number, consider that the legal limit for a Glendale DUI (as defined by California Vehicle Code Section 23152 (b)) is just 0.08%. This means that Sweeney blew a BAC of nearly eight times the California legal limit! If you consult alcohol experts, many will tell you that 0.50% BAC is often fatal. If Sweeney’s December BAC reading was correct, it’s actually a miracle he survived.

In any event, officers reportedly found not only a bottle of vodka in Sweeney’s pants but also an empty hydrocodone bottle in his car. On top of that, Sweeney exhibited signs associated with Glendale DUI, such as “odor of alcohol coming from his breath and person,” red and glassy eyes, and slurred speech.

Does DUI bad news always come in fours?

Not necessarily. Each DUI defense offers unique nuances and defensive resources. If you or someone you care about was pulled over in the Valley or elsewhere in the Southland for the crime of driving under the influence of alcohol or drugs – or some variation of that crime – trust your defense to a competent Los Angeles criminal defense attorney.

Mr. Michael Kraut of Glendale’s Kraut Law Group Criminal & DUI Lawyers, Inc. (located at: 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide a stiff, strategic, and sophisticated defense for you. As a regular commentator for the BBC, Fox News, the Los Angeles Times, and other widely respected publications – and as a Harvard Law School educated former prosecutor – Mr. Kraut can provide peerless legal assistance.

February 28, 2011

Pasadena DUI Gossip: Juicy DUI Stories from Last Week

by Michael Kraut

Let’s face it: Most Pasadena DUI stops involve work-a-day misdemeanors – generally well-meaning folks who make errors in judgment or take undue risks. But sometimes, stories about DUI in Burbank, DUI in Pasadena, DUI in Los Angeles, and Glendale DUI take turns for the bizarre, spectacular, or simply queer. In this blog post, we will take a look at two standout DUI stories from last week and explore resources to help defendants develop better road habits and equip themselves with a proper legal defense.

Story Number 1: Beware the Ice-Cream Man
We all know that kids love the ice cream truck and parents fear it because ice-cream contains gobs of sugar, which has long been associated with obesity, diabetes, and a host of other health problems. But a Tampa Bay ice-cream truck proved unusually dangerous last week for a totally different reason. On Monday afternoon, the police pulled over a Sub-Zero ice-cream truck in Tampa Bay driven by 49-year-old Ronald Purdy, after Purdy nearly plowed into a child awaiting his tasty treats. Deputies who arrived at the scene tested Purdy to have a blood alcohol constitution of 0.227% and found two open bottles of whisky in his truck. Yikes.

Story Number 2: Real housewives get in real big trouble
Star Magazine reports that Marysol Patton, a 44-year-old star of the Real Housewives of Miami, was arrested in January 2010 for DUI in Miami Beach. Patton’s mother, Elsa, also got arrested in 2010 for DUI (October). The 76-year-old pled not guilty and got her charge dismissed, when the officer who pulled over failed to show up. Meanwhile, Marysol and her mom had even more company – Philippe Pautesta, Marysol’s boyfriend, also got charged with DUI last year and drove away from the scene of an accident.

The ice-cream truck story and the story about the Real Housewives’ DUI mess suggests that many people might still be confused about what exactly constitutes the crime of driving under the influence. If you have one drink, does that make you too intoxicated to drive? What about two? Three? Clearly, four would…right? The answer has less to do with the number of drinks you have than your degree of impairment and your blood alcohol concentration.

California Vehicle Code Sections 23152 (a) and 23152 (b) define the crime of driving under the influence in Pasadena (and elsewhere in California) and spell out the penalties that offenders will face. If you are too impaired by drugs or alcohol to drive, you violate 23152 (a). If your blood alcohol concentration is greater than 0.08%, you violate 23152 (b). Do note that ice-cream truck driver Ronald Purdy allegedly had a BAC of more than 0.22% – nearly three times the CA limit.

Discussing your DUI case with an experienced Los Angeles criminal defense attorney is a smart and probably necessary first step for you, if you face charges. Get in touch with the Kraut Law Group Criminal & DUI Lawyers, Inc. (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) to set up a free case evaluation to build your Pasadena DUI defense. Mr. Michael Kraut has a fantastic record at jury trails – a 99% success rate – and he is a former prosecutor who has a Harvard Law School education. In other words, he has both formidable credentials and proven “on the ground” results. Let him help you figure out your best next steps.

February 23, 2011

Beverly Hills DUI Stunner: Judge Says to Lindsay Lohan: “You’re Going to Jail”

by Michael Kraut

Lindsay Lohan’s post Los Angeles DUI saga took a scary new turn today, when Judge Schwartz warned the wayward actress “this case will involve jail time. Period.”

No, Judge Schwartz was not talking about another incident in which Lohan drove DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI in Los Angeles. Rather, the stern admonition came in reference to Lohan’s alleged grand theft of a $2,500 necklace from a Venice Beach jewelry store.

Today, prosecutors in Lohan’s felony grand theft hearing offered her lawyer security footage of the “Mean Girls” actress allegedly stealing the necklace. Judge Schwartz had sobering words for the Lohan (quote courtesy Eonline): “This case does involve jail time… if this case is resolved in front of me, you’re going to jail… There may be an issue as to the amount of time you go, of course… but… I don’t want you under any apprehension. You will go to jail. Period.”

According to a Chicago Sun-Times report about the case: “the plea deal offered by Deputy District Attorney Danette Myers was for six months in jail, likely to be reduced significantly for good behavior behind bars.”

The actress is scheduled to return to court on March 10. If she loses her grand theft trial, it’s possible that she could spend a significant amount of time in a California State prison — a year or more for the felony. A “longtime Lohan intimate” told the Sun-Times that such a scenario would be “very dangerous… a true nightmare, no matter what… she’s been totally delusional about this… she’s got to get this behind her and get on with her life, especially if she wants a chance of saving her career.”

If you recall, Lohan is still on probation for her 2007 Los Angeles DUI. This issue complicates her already tenuous and fraught legal situation.

While Lohan’s felony grand theft case has been getting a lot of media play, there are literally thousands of CA defendants every year who face similarly fraught and emotionally difficult choices about how to plead in Los Angeles DUI cases.

A Beverly Hills DUI with injury, for instance, can be punished as a felony pursuant to California Vehicle Code Sections 23513(a) and 23153(b). In other words, the very act of hurting someone while DUI can bump up a misdemeanor (still quite a serious charge) to a felony, thus leading to a potentially massive sentence increase.

A variety of factors can impact Beverly Hills DUI sentencing. For instance, say you’re on probation for some other criminal offense; if so, the court may treat you more harshly. Or say this is your second, third, or fourth offense for Southern California DUI within a 10 year period — if so, penalties will be ratcheted up significantly.

To construct a powerful defense, look to a skilled Los Angeles criminal defense attorney. In Beverly Hills, count on attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (located at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935)) to provide outstanding service, compassionate listening, and strategically grounded thinking. Attorney Kraut is an ex-prosecutor (14+ years) and a Harvard Law School educated lawyer who has an exceptional track record helping Los Angeles DUI defendants, even in tricky and complicated situations.