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Last week, the Florida Highway Patrol arrested Bob Kuechenberg, a 6 time Pro Bowler for the Miami Dolphins, after he allegedly slammed into another car on I-95 and tested to have a blood alcohol concentration of 0.12%. Kuechenberg-DUI.jpg

Sports related stories about driving under the influence in Los Angeles (and elsewhere) seem to be popping up everywhere: last week, not only did Kuechenberg get busted for DUI, but Michael Bush of the Oakland Raiders also got tagged for DUI near Louisville. (More on that in a separate blog post.)

If you or someone close to you got stopped and charged recently with Burbank DUI, DUI in Pasadena, DUI in Los Angeles or DUI in Glendale, you may feel more than a little bit of empathy for the 63-year-old Kuechenberg. According to an AP report, the former Dolphin drove his 2002 Volvo into another car during a lane change on I-95. Although Kuechenberg now faces DUI charges as well as charges of making an improper lane change and damaging property, no one was apparently injured in the crash, fortunately. The Broward Sheriff’s office reported Sunday that Kuechenberg posted his bond of $2,000.

No one suffered serious injuries during Kuechenberg’s crash. But what happens when someone does get arrested for DUI with injury in Los Angeles?

Typically, misdemeanor DUI drivers face charges pursuant to California Vehicle Code Section 23152. This section is split-up into two parts:

23152(a) outlines what it means to be driving while impaired by alcohol or drugs and sets out a cascade of punishments.

23152(b) defines the crime in a slightly different way – more quantitative. According to this measure, anyone who drives a motor vehicle with a blood alcohol concentration higher than the state’s limit of 0.08% can be arrested and charged with a serious crime.

When injuries occur during a DUI situation, prosecutors may try to elevate your charges and convict you under California Vehicle Code Section 23153.

Going from 23152 to 23153 means that what might ordinarily be a misdemeanor can be charged as a felony. A felony, as you probably know, is a much more serious crime than a misdemeanor; if convicted of hurting someone while DUI, you could face extended jail time, a loss of your right to vote, and a whole panoply of additional restrictions, fines, and other long-term encumbrances.

A skilled Los Angeles criminal defense attorney can fight back against a Los Angeles DUI with injury charge. For instance, upon deeply probing the evidence, your attorney may realize that, while you did hurt another driver or a pedestrian during an accident, the other driver actually caused the problem by veering into your lane or ignoring traffic rules.

In this case, even though you were DUI, since the other person caused the problem, the prosecutors will likely have a very hard time pinning a felony charge on you.

All that said, time is of the essence. Connect with a Harvard Law School educated ex-city prosecutor, Michael Kraut, of the Kraut Law Group Criminal & DUI Lawyers, Inc., for a confidential and comprehensive evaluation of your case. Attorney Kraut’s Los Angeles offices are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

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Scan the weekly headlines for Pasadena DUI, celebrity DUI, and other related posts, and chances are that you will see a surprisingly large number of sports related arrests, injuries, and other bad news — particularly related to NFL players. Michael-Bush-DUI.jpg

While national DUI-related news, like Lindsay Lohan’s recent grand theft felony charge, captures the public’s imagination, in terms of sheer numbers, it seems like the sport stars have the celebrities beat, hands down.

NFL players, in particular, seem to have a passion for getting arrested for DUI in Burbank, DUI in Pasadena, DUI in Glendale, DUI in Los Angeles, and DUI just about anywhere else. Case in point: 26-year-old Michael Bush, a runningback for the Oakland Raiders, got nabbed for DUI in Indiana last Saturday morning in Jeffersonville (just outside of Louisville). Drafted by the Raiders in 2007, Bush came into his own last season, netting 8 touchdowns and 655 yards rushed. (Sports journalists believe Bush will become a free agent during offseason.)

According to reports, Bush spent the night in Clark County Jail and got out at 1 pm the next day on his own recognizance.

As this blog has reported elsewhere, Bush’s DUI was just the tip of the iceberg in terms of NFL-related troubles last week:

• Brandon Banks, a kick returner for the Redskins, got stabbed that same evening in a nightclub in downtown, Washington D.C.
• Meanwhile, Bank’s teammate, Albert Haynesworth, got officially charged with misdemeanor assault for a road rage incident that occurred on February 2nd in nearby Reston, Virginia.
• Bob Kuechenberg, a 63-year-old former Dolphin, also got arrested last Saturday night for DUI after sideswiping a car on I-95 in Florida.

All of these arrests raise an interesting question: what are DUI penalties for multiple Pasadena DUI convictions?

In California, convicted DUI drivers face escalating punishments whenever they violate the law and/or the terms of their probation. For instance, a standard misdemeanor DUI charge might net you a court imposed probation, a minimum alcohol school time, suspension of your license, a fine, and two full days of jail custody (six months maximum).

Does this sound scary? Note that it is just a starting point! If you injure someone during just DUI, prosecutors can hit you with a felony instead of just a misdemeanor, and your punishments will go way up, accordingly. Alternatively, if you get pulled over for a second, third, or fourth time for a Pasadena DUI within a 10-year period, the court will get increasingly harsh with you.

For instance, as we just discussed, a first misdemeanor Pasadena DUI will net you 48 hours behind bars – certainly an unpleasant development. But a THIRD time DUI misdemeanor within 10 years will give you a mandatory minimum of 120 days behind bars. That’s approximately four months!

Given the urgent legal crisis in your life, it behooves you to retain a high caliber Los Angeles criminal defense attorney as quickly as possible. The Kraut Law Group Criminal & DUI Lawyers, Inc. (located in Pasadena at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is an excellent, proven resource. Head attorney Michael Kraut served as a former prosecutor for the city for a long time (over 14 years), during which he successfully prosecuted many DUI cases. He now uses his experience working for the other side to help his defense clients.

Mr. Kraut is a Harvard Law School educated attorney with an excellent reputation among his peers and a track record for success, even in highly complex cases.

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30-year-old Olympic gold medalist Steve Holcomb, the pilot for the US bobsledding team in the 2010 Winter Olympics, pled guilty last Wednesday to DUI charges, prompting analysts who cover sports news about driving under the influence in Southern California (and elsewhere) to ponder the effects of the sentencing. holcomb-dui.jpeg

For anyone out there who has been stopped and charged recently with DUI in Glendale, DUI in Burbank, Los Angeles DUI, or driving under the influence in Pasadena, Holcomb’s travails may be particularly instructive.

As this blog reported a few months ago, the bobsledder got pulled over in October 2009 on Route 224 in Utah for making an illegal U-turn. Testing later revealed that he had a blood alcohol concentration of 0.19% – more than double the Long Beach DUI limit of 0.08%.

Things clearly weren’t looking good for Holcomb. But then his citation got abruptly tossed out because a deputy in the Sheriff’s department didn’t sign the citation properly. Summit County Attorney David Brickey refiled the case, however. According to a USA Today news story, “(he) denied any leniency because Holcomb was a decorated athlete.” Holcomb ultimately pled guilty to a Class B misdemeanor of impaired driving (as opposed to driving under the influence), and a Summit County Judge ordered him to pay a fine of $1,430, “undergo substance abuse screening and assessment” and serve 48 hours of community service in lieu of 180-day jail sentence.

Brickey seemed satisfied but offered the following rejoinder: “I told the judge, of the community service: ‘it better not be giving free rides down the ice tracks.'”

It remains unclear whether the guilty plea will impact Holcomb’s ability to travel to Canada for the world bobsledding competition.

Long Beach DUI breathalyzer tests – similar to the ones used in Park City Utah – analyze the suspect’s so-called “blood alcohol concentration” (BAC) to help officers determine whether or not an arrest should be made. According to California Vehicle Code Section 23152 (b), driving with a BAC of greater than just 0.08% constitutes a criminal offense and can result in severe penalties, such as jail time, license suspension, hiked up insurance rates (because of your conviction), mandatory alcohol school, tough probation terms, and serious fines and fees.

A Los Angeles criminal defense attorney, such as Attorney Michael Kraut (The Kraut Law Group Criminal & DUI Lawyers, Inc. can be contacted in Long Beach at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can be a crucial ally as you plan your strategy to combat your DUI charges.

Mr. Kraut will utilize his knowledge and experience as a former prosecutor (for 14+ years, he prosecuted Los Angeles DUI cases) to help you. Mr. Kraut is often called upon by major media, such as CNN, The New York Times, and The Los Angeles Times, to provide analysis of breaking DUI news. He can design and execute a tailored, streamlined defense for you.

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Most major news stories concerning driving under the influence in Glendale have a sober and even tragic tone about them. This blog has certainly covered tales of celebrities ruining their careers while driving DUI in Burbank, DUI in Pasadena, DUI in Glendale, or DUI in Los Angeles. It’s also discussed the implications of vehicular manslaughter and even DUI murders (also called Watson Murders). But in addition to the tragic stories that unfold every day across the nation, unintentionally hilarious situations also emerge.nicole-scott-dui.jpg

A case in point: A small Ohio paper called the Sandusky Register is reporting on a totally bizarre DUI case in Perkins Township.

Apparently, 27-year-old Nicole Scott had been driving home when she saw what she believed to be flashing police lights. She dutifully pulled herself over. But she then quickly realized that the “police lights” were just lights to a nearby sign for Skate World. Unfortunately, by this point, her Dodge Avenger had become mired in a snow bank.

By the by, police officers arrived at the scene and found Ms. Scott sitting alone in her car, still intoxicated. We will quote the Sandusky Register to give you the blow by blow from here:

“She denied being the driver of the vehicle and said her friend Ray had been driving, but he ran off. Scott refused a sobriety test because she insisted she was not the driver. She proceeded to tell police that her friend Samantha had been driving, and later that her friend Courtney had been driving. Finally, she said her friend Brittany had been driving, according to police.”

Unsurprisingly, the cops did not buy her multiple conflicting stories – and they also took notice of the empty bottle of Michelob Ultra in her car – and that there were only a single set of footprints around her vehicle – and arrested her.

When police pull you over – for a suspected Glendale DUI or DUI anywhere else in the state – they will typically look for signs that you are under the influence of a narcotic or alcohol. One of those signs might be telling the police five different stories about where you have been. Another might be that you have an open container of alcohol (like Michelob Ultra). If you smell like alcohol, mumble, stumble, or fumble, demonstrate poor motor skills or driving skills, or look disheveled, bloodshot eyed, or otherwise bizarre, chances are these Glendale DUI symptoms may get you arrested.

Fortunately, you do have legal recourse. A qualified Los Angeles criminal defense attorney, such as former prosecutor Michael Kraut of Kraut Law Group Criminal & DUI Lawyers, Inc. (offices in Glendale at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can deliver crucial services.

As a recognized thought leader in the Los Angeles DUI community, this Harvard Law School educated former prosecutor (14+ years working for the city) has a peerless reputation for delivering great service, compassionate advice, and strategic guidance.

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Last week, Lindsay Lohan’s grand felony theft charge (which this blog covered at length in a previous post) consumed nearly all the oxygen in the Los Angeles DUI blogosphere. Jaime Presley’s DUI drama snatched up the dregs. (As this blog also covered recently, the “My Name is Earl” actress filed for divorce just weeks after her January arrest, prompting some to speculate that the DUI sparked her divorce – a rumor she quashed in no uncertain terms late last week.)kristoff-st-john-dui.jpg

But out of all the Burbank DUI, Los Angeles DUI, Pasadena DUI, and Glendale DUI arrests made last week, one celebrity bust was given surprisingly short thrift by the news media and blogosphere: Kristoff St. John, a long-time star on the soap, The Young and the Restless, was pulled over on the freeway last Sunday at 1:30 a.m. and booked on a DUI charge.

The ever-vigilant celebrity watchdog website TMZ.com reported that St. John spent all Sunday behind bars before finally making his $5,000 bail. Officers pulled him over after they saw him speeding. The 44-year-old St. John apparently did “poorly” on his field sobriety tests.

St. John started his role as Neil Winters on The Young and the Restless way back in 1991 – 20 years ago – and actually got his start in the entertainment business when he was just 7, in a short-lived sitcom called That’s My Mama.

Burbank DUI field sobriety tests – similarly to the ones that St. John apparently failed – can trip up many motorists, even motorists who have consumed not a single drop of alcohol. This assertion may sound farfetched at first. But it will resonate as more rational, once you learn a little bit more about what the field sobriety tests (FSTs) actually are and how they work.

Officers who suspect a motorist of DUI in Burbank will subject him or her to physical and mental examinations on the side of the road. You’ve no doubt seen depictions of these tests on TV and at the movies. They include the horizontal gaze nystagmus test, the finger to nose test, the one-leg stand test, counting backwards test, reciting the alphabet backwards test, and walk the line test.

Essentially, the officer wants to know whether the suspect has any coordination problems – either physically or mentally. Unfortunately, these tests tend to yield “false positives.” For instance, say you’re not a coordinated person — or you get vertigo from the anxiety associated with your DUI stop. You may not perform well on your FSTs, even if you’re completely sober.

Conversely, someone who IS actually DUI might perform brilliantly on FSTs. For instance, a trained gymnast who spends her day walking on a balance beam might perform quite well on the “walk the line test” even if she had a BAC of more than twice the California legal limit of 0.08%.

The general lesson here is that, if you’ve been pulled over recently, you should talk to a qualified Los Angeles criminal defense attorney about what steps to take next. 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 provide crucial strategic guidance. Attorney Kraut is a former prosecutor (nearly a decade and half spent as a Senior Deputy District Attorney for Los Angeles) and a media analyst trusted by major news media, like CNN and the New York Times, to provide commentary on breaking Los Angeles DUI news stories.

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Jennifer Jowett, a wealthy socialite featured on the VH1 series You’re Cut Off! was arrested for driving under the influence in West Hollywood the night of the show’s premiere just a block from her house, according to gossip website TMZ.com. Jowett and the show’s host, life coach Laura Baron, had gotten into a heated disagreement prior to the DUI arrest. One promo clip shows Jowett throwing a garbage can at the hostess and pushing the cameras away while launching into an expletive-laden tirade.Jowett-DUI.jpg

If you have recently been tagged for DUI in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, odds are that some of your friends, relatives, and co-workers have lumped you in with out-of-control celebutantes like Jowett.

You may feel like this judgment about your character is premature and unfounded. After all, while the popular press loves to report on the “nervous breakdowns” of attractive, histrionic, wealthy women like Jowett, real Burbank DUI defendants tend to be far more diverse.

Some DUI offenders are recidivists – that is, they repeat their bad behavior.

Others simply make a one-time mistake.

Still others are unfairly charged.

There is yet another category — one that’s rarely discussed in the media – and that’s people arrested for driving under the influence of drugs.

A Burbank drug DUI would be charged under California Vehicle Code Section 23152 (a) – the same CVC code that applies to driving under the influence of alcohol. You need not be under the influence of some exotic and illegal narcotic, like cocaine, heroin or “Special K,” to face a CVC Section 23152 (a) charge. Indeed, if you operate a vehicle while on standard prescription medications, such as Oxycodone or Vicodin, or even certain over-the-counter medications, you can face charges. An officer will likely not give you a breathalyzer test, since the breathalyzer only picks up the chemical signature of ethanol (alcohol). That said, you could be asked to take a blood and/or urine test.

If convicted, you could face a variable rainbow of penalties, including license suspension, jail time, probation, and fines and fees. On top of that, you will face secondary consequences, such as hiked up insurance rates.

Fortunately, you don’t have to execute your own legal defense. A proven and compassionate Los Angeles criminal defense attorney can be enormously helpful in either plea bargaining down your charge or working to get it wiped out completely.

Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. — located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) — is a fantastic resource for new defendants. Whether you are confused about your rights or overwhelmed by the potential penalties you face, get in touch with this Harvard Law School educated former prosecutor today to come up with a success-oriented defense strategy.

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In 2007, former child starlet and prominent celebutante Lindsay Lohan got arrested for driving under the influence in Los Angeles. Since that fateful stop, the beleaguered Lohan has been sent to jail three separate times for drug possession and violating her Los Angeles DUI probation. Today, the Los Angeles District Attorney’s Office dealt yet another blow to Lohan — formally charging her with felony grand theft pursuant to allegations that the star stole a $2,500 gold necklace from a jewelry store in Venice.lindsay-lohan-grand-theft-dui.jpg

If you or someone you care about has been pulled over recently for Los Angeles DUI, Pasadena DUI, Glendale DUI, or Burbank DUI, chances are that you can at least be grateful that your case won’t (likely) be scrutinized by every major media outlet and thousands of blogosphere commentators, like Lohan’s has.

Here are key details on the breaking Lohan DUI news:

* If convicted, Lohan could face three full years in a California state prison
* The judge set bail at $40,000 and continued the hearing to February 23
* Judge Keith Schwartz said of the starlet: “You need to follow the laws just like everybody else. Look around this room. Everybody needs to follow the law… you’re no different from anyone else, so please don’t push your luck.”

* Lohan’s response? “Yes, sir.”

* Lohan was also told to stay away from the jewelry store. Allegedly, she (or her deputized agents) sent the store a bouquet of flowers when the story started becoming big news.

Lohan has been tied to theft investigations in the past. These include:

1) An insinuation that she took $400,000 worth of jewels from an Elle Magazine photo shoot.

2) A 2008 allegation from a college student that Lohan stole a mink coat worth $12,000.

3) An April 2000 allegation that Lohan stole a Rolex watch worth $45,000.

Beverly Hills DUI penalties can be life-changing, even if you don’t commit multiple probation violations, like Lohan has done. A first-time misdemeanor offender can face penalties such as a $1000 fine, 48 hours mandatory jail sentence, six weeks of alcohol school (max: nine months), a suspended drivers license (no restricted license allowed for school or work), and incalculable damage to your reputation and potential job prospects.

So what should you do, if you find yourself in a bind similar to the one Lohan has found herself in?

Talk to a qualified Los Angeles criminal defense attorney at once.

In Beverly Hills, you can get in touch with the Kraut Law Group Criminal & DUI Lawyers, Inc. at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. Attorney Michael Kraut is a former senior deputy district attorney for the city. He served for nearly a decade and a half in this capacity. He understands how the system works and has the connections within the Los Angeles DUI community to strategize and execute your best defense.

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Last Tuesday, prosecutors in Santa Monica formally charged actress Jaime Pressly (“My Name is Earl”) with driving under the influence in Southern California. As this blog reported several weeks ago, the 33-year old actress got arrested on January 5th on suspicion of DUI and allegedly tested to have a BAC of at least 0.20% – 2.5 times the legal limit for Los Angeles DUI, as defined by California Vehicle Code Section 23152 (b).Jaime-Pressly-DUI-2.jpg

If you or a loved one faces similar charges of driving under the influence in Burbank, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you likely won’t be surprised to learn that, in the wake of Pressly’s arrest, she suffered a string of misfortunes.

Notably, on January 21st, she filed for divorce from her husband, Simran Singh. And last week, she backed out of two performances in Las Vegas — one at The Palms Las Vegas and another at Rain and Moon night club — according to E! News sources. Concurrently, Pressly is trying to care for her 3-year old child, Dezi, whom she had with Eric Cubiche, her ex-fiancee.

As if Ms. Pressly doesn’t have enough drama in her life, she also faces potentially stiff penalties for her Beverly Hills DUI conviction. Even first time offenders can face fearsome penalties imposed by the court. These can include seriously restrictive probation terms, a full year CA driver’s license suspension, a fine of $1,000 (maximum) on top of court costs, and 48-hours in jail. Second, third, and fourth time Los Angeles DUI offenders (within a 10-year period) will face ever stiffer penalties, including ratcheted up jail time, probation terms, alcohol school time, license suspension, court costs, and other fines.

Your Beverly Hills DUI penalties can also be ratcheted up if you engage in additional crimes on top of driving DUI. For instance, if you injured someone while driving DUI, prosecutors can automatically ask that a misdemeanor charge be elevated to a felony. Likewise, if you committed a “hit and run,” you can face criminal charges on top of the DUI that could make your case more complicated.

The answer to your legal woes might be to connect immediately with a Los Angeles criminal defense attorney, such as Mr. Michael Kraut of Beverly Hills’ Kraut Law Group Criminal & DUI Lawyers, Inc..

Mr. Kraut can be reached at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935.

In addition to serving for 14-years as a Deputy District Attorney for the City of Los Angeles, Mr. Kraut has also been invited as a guest commentator on Los Angeles DUI news by the New York Times, The Los Angeles Times, CNN, KTLA Los Angeles, and other major media outlets.

Mr. Kraut attended Harvard Law School, and he has exceptional relationships with many key people in the Los Angeles DUI community.

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Okay, although this is not exactly a Pasadena DUI case – it happened in the small town of Warwick, Rhode Island – but the sheer zaniness and coincidence of it all merits a blip on this blog’s radar.police-officer-dui.jpg

If you’ve been pulled over for Glendale DUI, Pasadena DUI, Burbank DUI, or DUI in Los Angeles or elsewhere, chances are that you are not an active duty state police stripper — and at the very least, you didn’t hit a fellow police officer.

The same cannot be said of 23-year old Brendan Palmer, who got arrested last Sunday in Rhode Island after crashing into Providence police officer, Brian Auclair, who was in uniform at the time. Local Rhode Island Captain Raymond Gallucci said that Palmer took a blood alcohol test and blew a 0.184% on the breathalyzer. To put that in perspective, a DUI in Southern California reading would be just 0.08%. So Palmer blew a reading that was well over twice the Los Angeles DUI limit.

According to reports, Palmer has been “suspended with pay pending the outcome of his case and an internal investigation.” The 23-year old is a relative rookie – he has been with the Rhode Island police for only just over a year – and while it’s unclear how much more press this case of officer-on-officer DUI will get in the blogosphere, the matter serves as an interesting jumping off point for a discussion about breathalyzer tests in general.

Say you got pulled over for driving under the influence in Pasadena and asked to take a breathalyzer test. And let’s just say that you blew a reading similar to Palmer’s – a 0.16% — more than twice the acceptable limit, according to California Vehicle Code Section 23152 (b).

In this situation, most likely, you would be arrested.

But is the breathalyzer as accurate as most people (and most police officers) believe? It seems like it should be, right? After all, the breathalyzer is a very simple and straight forward device. You blow into it. A device in the machine looks for chemical signatures of alcohol. Simple. Straight forward. So how can you argue with the results?

Actually, there are many technical (and non-technical) arguments you can make against a Pasadena breathalyzer DUI positive. For starters, did you know that the depth with which you blow into the machine can radically influence the machine’s readings? Thus, if you blow just a little bit into the machine, you will blow a low number. If you blow a normal amount, you will blow a higher number. And if you blow very deeply – a deep chest breath – you may actually blow a reading that’s substantially higher than your actual blood alcohol concentration!

Police officers who administer this test know this, and they’ll often ask suspects to blow deeply into the machines. Is this fair? That’s up to the public to judge. But it does happen, and it’s something to be aware of.

Another point of dispute might be that men and women process alcohol differently. Diabetics process alcohol differently than non-diabetics and produce chemicals that can skew breathalyzer readings. Police officer administrators often don’t “zero out” these machines properly. Other chemicals on your breath or person can yield false readings. And on and on.

Unfortunately, unless you work with a qualified Los Angeles criminal defense attorney – who has serious experience helping Pasadena DUI suspects defend against these charges – you might never uncover these potential defenses.

Fortunately, you have the option of connecting today with the Kraut Law Group Criminal & DUI Lawyers, Inc. at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Mr. Michael Kraut is a Harvard educated former LA City prosecutor who has an excellent track record and who has deep and effective associations with the Los Angeles DUI legal community.

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The Huntington Beach Police Department is on the case of Sharkeez, a downtown bar linked to over 72 arrests for driving under the influence in Southern California over the past year and a half. On November 11, 2010, Huntington Beach Police Chief Ken Small sparked an investigation into the popular watering hole’s safety practices. This week, the story went viral, attracting the attention of the national media.sharkeez-huntington-beach-dui.jpg

If you recently got arrested for Burbank DUI, Pasadena DUI, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, police and prosecutors might target the person or proprietor who provided the alcohol that you drank prior to your getting in your vehicle.

Baja Sharkeez’s owner, Ron Newman, has taken up a defiant stance. In response to Chief Small’s written statement, “I believe the ownership… represents at best an indifferent attitude toward public safety,” Newman retorted, “What happens on the highway, we cannot control… we don’t serve anybody who’s overly intoxicated. I can’t tell if you’ve had two or three drinks. If you’re not obviously intoxicated, we can’t tell. If someone is obviously intoxicated, we cut them off.”

Sharkeez is not the only downtown Huntington Beach establishment with a less than stellar track record of serving drivers who go on to get tagged for Los Angeles DUI. Hurricane’s Bar and Grill has been linked with 52 DUIs over the same 22 month period. And Kilarney’s Pub and Grill has been linked with 33 DUIs over that time frame.

The showdown between Chief Small and Newman has taken on a life of its own and generated media headlines and, of course, frothing chatter from the blogosphere. The debate raises interesting practical and philosophical issues about how to control and restrict driving under the influence in Los Angeles.

California Vehicle Code Sections 23152 (a) and (b) define what precisely constitutes a Huntington Beach DUI and how such a crime should be punished. 23152(s) says that, if the California Highway Patrol stops you while you’re operating a car, truck, or other vehicle while under the influence of alcohol or drugs, you can be charged with a serious crime. Even if convicted of just a misdemeanor, you could wind up serving jail time, losing your California license, getting points on your record at the DMV, and paying major court costs and fines. This doesn’t even begin to touch on the indirect consequences, which can include hiked up insurance rates and loss of professional stature.

23152(b) defines Long Beach DUI slightly differently — as having a blood alcohol concentration of greater than 0.08%, as measured by a Breathalyzer, urine, or blood test.

A Los Angeles criminal defense attorney can give you the experience and thorough legal help you need to combat the charges. Look to former LA prosecutor (14+ years as a Senior Deputy D.A.) and Harvard educated attorney, Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. to plan your strategy. Mr. Kraut provides excellent, reliable services, and he can help you feel more in control of your life and legal situation.

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