Los Angeles DUI Attorney Blog

January 5, 2011

Pasadena DUI Madness: Two Stunning New Year’s DUI Stories Shock the Southland

With the ringing in of the New Year, one might expect to hear stories about elevated numbers of Pasadena DUI arrests and extra checkpoints around the Southland. But two breaking news events suggest that 2011 has gotten off to an extra rocky start, as far as Southern California DUI news is concerned.

If you or a co-worker or friend got tripped up with a Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI around New Year’s, at least take solace that your relatively pedestrian arrest did not evolve into anything like the following two catastrophic and complicated events:

1. Flight of DUI Fancy
KTLA has reported that a Fontana man who fled a DUI checkpoint barricaded himself into random house on Sierra Avenue. Police at first suspected that the desperate man had taken hostages. A SWAT team was called in to resolve the situation. After a traumatic night, police finally fired tear gas into the home, driving the man outside, where he surrendered. Although the man was injured, no one else got hurt, fortunately.

2. Pedestrian Tragedy
The San Diego Union Tribune reports that a pedestrian got hit and killed by an allegedly DUI driver in La Mesa on Murray Drive, just one hour after New Year’s had rung in on the West Coast. 40-year-old Dana Lohner was arrested and taken into Las Colinas jail after she allegedly hit and killed 53-year-old Kelly McPherson.

Both of these stories deal with the complication of injuries and DUI. What happens if you hurt someone while you are under the influence of drugs or alcohol? How can you build a defense? What strategies should you employ to improve your odds of getting good and fair results?

To answers these questions, we need to delve into what the law says about Pasadena DUI with injury. California Vehicle Code Sections 23152(a) and 23152(b) deal with so-called “typical” DUI arrests. Basically, these are misdemeanor charges: although punishments can be serious, they are not serious as a felony charges.

When you hurt someone while driving DUI in Pasadena (or elsewhere in Los Angeles County), you can be charged under two different California Vehicle Code Sections – 23153(a) and/or 23153(b). If you are convicted, what ordinarily might be a misdemeanor will get elevated to a felony charge. You could thus face more jail time, stricter terms of probation, a lifetime loss of your right to vote in elections, problems getting credit and employment down the road, and many other hassles too numerous to summarize in this blog post.

Whether you’ve been slapped with a minor misdemeanor charge or a serious felony charge for hurting someone while driving under the influence, you need and deserve good legal representation. The Kraut Law Group Criminal & DUI Lawyers, Inc. — located at 790, East Colorado Boulevard, 9th Floor, Pasadena, California 91101 (Phone 626-345-1899) — can provide critical services to aid in your defense. Attorney Michael Kraut attended Harvard Law School and served as a city prosecutor for over a dozen years before turning his attention and talents to criminal defense. A Los Angeles criminal defense attorney like Michael Kraut can provide you with the strategic assistance, and tactical know-how to respond most effectively to your legal trouble.

January 3, 2011

Beverly Hills DUI Breaking News: Nicole Richie’s Probation Cut Short by a Month

by Michael Kraut

Many stories involving Beverly Hills DUI deal with tragedy and heavy circumstances. But a recent tabloidesque story out of The Hills has riveted the nation’s attention for its sheer frivolity. Reality TV star Nicole Richie has received a reprieve: her probation for 2006 arrest has been cut short by a month, after her attorney demonstrated that she had attended her alcohol ed classes and met all the conditions of her sentence.

If, like Ms. Richie, you’ve recently been tagged with a charge of Glendale DUI, DUI in Pasadena, DUI in Burbank or DUI in Los Angeles, you may find it interesting that 29-year-old managed to speed up her sentence, even though she got in trouble in June 2010 for missing her court ordered classes. Like her fellow trouble-making celebutantes, Paris Hilton and Britney Spears, Richie garnered much public opprobrium for her misbehavior. Her 2006 DUI arrest was particularly scary. She drove the wrong way down a freeway in LA while under the influence – a terrifically dangerous act that easily could have killed someone. Now that she has two kids, Richie appears to be deeply contrite about her past actions. She said: “there is absolutely no way I will do anything like that again… I am in a completely different place now I have… I have to really be someone I want my child to look up to.”

So what are some typical penalties for Beverly Hills DUI?

It’s hard to say specifically what prosecutors will throw at you unless more details are known.

• If you are a multiple offender – that is, if you get convicted for DUI more than once within 10 years, your penalties will go up quite significantly.
• If you hurt someone while DUI in Beverly Hills, what ordinarily might be a simple misdemeanor offense will be charged as a felony.
• The court will look at things like the severity of your DUI, whether you cooperated with police or not, whether you demonstrate contrition or not, and whether extenuating circumstances existed.
• Even for a first time DUI misdemeanor, you can get a minimum of 48 hours in jail, a one-year license suspension, a mandatory installation of an IID device in your vehicle and other punishments.
• At the more elevated end of the punishment spectrum, if you get convicted of DUI murder in Southern California, you could face 15 years to life behind bars.

To navigate your defense, turn to an expert and experienced Los Angeles criminal defense attorney. Local Beverly Hills lawyer Michael Kraut (9107 Wilshire Boulevard Suite 450, Beverly Hills, California 90210. Phone: 310-550-6935) can provide timely, superior service. As a former Deputy DA for the City of Los Angeles, Mr. Kraut understands Southern California DUI law from both a theoretical and experiential point of view. He has demonstrated tremendous success at trial and uses his many key relationships to deliver best result for his clients.

December 29, 2010

Long Beach DUI Roundup: Several Minor Celebrities Busted for DUI Right before Christmas

by Michael Kraut

Driving under the influence in Long Beach (or anywhere else in California, for that matter) can result in fatal injuries as well as manifold penalties to drivers caught and convicted. Unfortunately, despite massive multi-million dollar educational campaigns, DUI continues to be a serious problem throughout the southland and beyond.

Those of you out there who have recently been charged with driving under the influence in Pasadena, DUI in Burbank, DUI in Glendale, or DUI in Los Angeles – or who have a relative who faces charges – likely want to understand celebrity DUI stories not just at a surface level but also at a deeper level. Namely, you want to know how the law gets applied to unclear or tricky DUI situations, and you want reliable resources to deal with your legal challenges.

Let’s look at three newsworthy celebrity DUI arrests that happened in the days leading up to Christmas Eve 2010:

#1. Aaron Douglas, University of Alabama football hero.

According to Maryville, Tennessee’s The Daily News, University of Alabama football protégé, Aaron Douglas, got stopped for driving erratically and blowing through a stop sign. After refusing a blood alcohol test and doing “extremely poorly” on field sobriety tests (FSTs), he got arrested and charged with DUI. Douglas’s hearing will be held on 12/29 in Blount County.

#2. Ignacio De La Fuente, Oakland City Councilman.

In Oakland, City Councilman Ignacio De La Fuente got pulled over on the 880, an Oakland area freeway. De La Fuente had been pulled over just for speeding, but the CHP officer suspected him of DUI and subjected him to field sobriety tests, which he failed.

#3. Sergio Kindle, Baltimore Ravens player.

23-year-old Sergio Kindle, a rookie with the Baltimore Ravens, got slapped with a DUI charge after an officer saw him weaving around on Route 1. The former University of Texas phenom had to make a $10,000 bond, and his football future has been cast into further doubt by the incident. (The Ravens did recover from Kindle’s arrest; hours later, they beat the Cleveland Browns 20-10 to clinch a berth in the 2010 playoffs.)

In all of these three minor celebrity arrests, suspects faced “field sobriety tests” (also referred to as FSTs). In Long Beach, if you are pulled over under suspicion of driving under the influence, a police officer will administer a series of physical and mental examinations. These will include (but may not be limited to):

• Finger to the nose test
• Rhomberg test
• One leg stand test
• Walk the line test
• Horizontal gaze nystagmus test
• Count backwards or recite the alphabet backwards
• Other tests of your physical and mental acumen

Officers will also look for so-called “symptoms” of a Long Beach DUI – such as bloodshot eyes, odor of alcohol on your person, or your admission to having consumed intoxicants – to assemble enough probable cause to make an arrest.

Once you have been charged, your actions – including your choice of attorney – can have a profound influence on your future and financial well-being. A Long Beach criminal defense attorney, such as Mr. Michael Kraut of Los Angeles’ Kraut Law Group Criminal & DUI Lawyers, Inc., can be instrumental in designing and executing a sound and sturdy rebuttal to the prosecutor’s charges.

As a Harvard Law School educated former LA prosecutor, Mr. Kraut has the wherewithal, resources, knowledge, and intuition for the system to deliver precisely the kind of defense you need.

December 27, 2010

Burbank DUI Breaking News: Driver who Killed Angels Pitchers Gets 51 Years to Life in Prison

by Michael Kraut

The most vivid examples of driving under the influence in Burbank often, unfortunately, fall under the media radar. But the April 9, 2009 Los Angeles DUI accident that killed Angels pitcher Nick Adenhart has demonstrated media staying power, due to its deep emotional impact. Last week, Andrew Gallo, the 24-year-old who T-boned Adenhart and killed him and two passengers (Henry Pearson and Courtney Stewart), got sentenced to 51 years in jail to life.

If you’ve been arrested for the crime of Burbank DUI, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you’ve likely spend some time researching your options and mentally exploring “worst case scenarios” for your defense.

Andrew Gallo’s punishment – 51 years to life in prison – represents, in essence, a worst case scenario.

As this blog reported several months ago, when Gallo hit the Angels’ rookie pitcher, he:

• Had been on parole for a felony DUI conviction
• Had been speeding at 65 mph
• Had driven through a red light
• Had a BAC level that tested at almost three times the Southern California legal limit of 0.08%
Due in large part to his previous felony DUI, prosecutors managed to tag Gallo with DUI murder – also known as a Watson murder – the harshest possible DUI offense. Each of the three murder counts carried a punishment of 15 years to life, and Gallo got another six years of jail on top for his other drive crimes.

The California Supreme Court only recently allowed prosecutors to charge egregious Burbank DUI death cases as Watson murders. To win, prosecutors need to show that the defendant acted with “implied malice” – that is, he or she killed another person while DUI AND knew the risks but chose to ignore them.

Depending on the skill of your attorney, the evidence prosecutors have against you, and any exculpatory evidence or arguments you can muster, you may be able to fight back against a serious charge like vehicular homicide or DUI manslaughter.

One very critical distinction is the distinction between an injury DUI, which can be a felony, and a non-injury DUI, a misdemeanor. California Vehicle Code Sections 23153 (a) and 23153 (b) define injury DUI; whereas California Vehicle Code Sections 23152 (a) and 23152 (b) define non-injury DUI with alcohol.

To develop a well-articulated, strategically focused response to your charges, connect with a qualified Burbank criminal defense attorney, like Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc..

Why choose Attorney Kraut? First of all, he is a former prosecutor, so he understands how the people who will be charging you think. Second, he is Harvard Law School educated. Third, he has a terrific record at jury trials. Fourth, he provides compassionate, systematic service to help reduce your stress and increase your odds of getting better results.

December 24, 2010

Beverly Hills DUI for Lindsay Lohan is Going Down Hill Fast

by Michael Kraut

The Beverly Hills DUI that got Lindsay Lohan in trouble and on probation is now taking a turn for the worse. After being sent to rehab, again, by Beverly Hills Judge Elden Fox, she is thrown out due to a physical assault against a Betty Ford clinic worker. Now should face a prison sentence if she is charged by the Riverside DA with a felony assault.

As soon as the assault occurred the victim, Dawn Holland, came out swing in her own right. She spoke to the new media telling all of the facts of the alleged assault. While speaking to the press, Ms. Holland had a medical brace on her right arm. Ms. Holland claims that the Beverly Hills DUI patient came back to the center late and smelled of alcohol. While trying to administer an alcohol detection device, Lindsay Lohan is accused of twisting Ms. Holland’s arm causing serious injury while also taking the phone out of her hand when Ms. Holland was attempting to call the police. Both of these actions could result in a felony against the starlet.

Because Ms. Holland spoke to the press about Ms. Lohan’s confidential treatment, she was fired from the Betty Ford Center. Just when things looked like Ms. Lohan was going to be violated again on her DUI that occurred in Beverly Hills, or face assault charges for her actions, news comes that Ms. Holland is going to drop her claims of assault. While Ms. Holland’s representative states that she does not want anything to do with Ms. Lohan’s criminal investigation, it is the District Attorney in both Riverside and Los Angeles that will make the final decision of whether Lindsay Lohan will face any consequences for her actions. Celebrity columnists are reporting on PerezHilton.com that Ms. Holland does not want to be involved in this case in any manner.

December 22, 2010

Pasadena DUI Alert: Ice Cream Truck Driver Busted for Driving Under the Influence in Chico

by Michael Kraut

Last weekend, Chico California Police arrested George Jefferson Smith, for driving an ice cream truck while under the influence. Pasadena DUI bloggers and others who follow bizarre criminal news have been vigorously discussing the plight of the 48-year-old Smith, who got stopped as part of a saturation patrol that led to 15 motorists heading to custody for suspicion of DUI.

If you’ve been recently stopped at a saturation patrol for Los Angeles DUI, DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI anywhere else in the region, perhaps you will feel some empathy for Mr. Smith. According to local newspaper reports, Officer Ryon Mitchell saw Smith swerving around on Nord Avenue on the evening of December 13. The officer stopped the ice cream truck for a taillight violation. When Mr. Smith responded that he “could get the taillight to work if he banged on it,” the officer noted that the driver appeared impaired. He made Mr. Smith take field sobriety tests. People walking past took pictures of the odd sight of an ice cream truck driver walking the line and counting backwards by threes.

According to reports, the driver had not been delivering ice cream to children when he was pulled over.

The Pasadena DUI process that defendants get funneled through may seem confusing at first. But it’s really quite straight forward. Here is a brief overview of what happens.

1. You are stopped at a checkpoint, traffic stop or site of an accident.

Perhaps a Pasadena officer saw you weaving across a lane or blowing through a stop light. In any case, the police must follow very specific procedures to make DUI checks.

2. Investigation into your alleged intoxication

An officer will ask you to leave your vehicle and participate in field sobriety tests, also known as FSTs. You may also be asked to submit to a preliminary alcohol screening (PAS) test. Note that both the FSTs and the PAS tests are voluntary.

3. Arrest for driving under the influence in Pasadena

A typical non-injury DUI will be charged under California Vehicle Code Sections 23152(a) and/or 23152(b).

4. Selecting a Pasadena DUI defense lawyer

The court can appoint a public defender to represent you, or you can represent yourself without a lawyer. Both of these options have serious drawbacks. Experts would almost certainly recommend that you choose a third option: hiring a private lawyer to represent you for your DUI.

Pasadena DUI defense attorney Michael Kraut is a former senior trial prosecutor who boasts a 98% success rate at jury trials that have gone to verdict. As a Harvard Law School educated lawyer who has extensive connections and a deep understanding of the law, Attorney Kraut can provide a free consultation at his Pasadena office at 790 East Colorado Boulevard, 9th Floor, Pasadena, California 9110. Call 626-345-1899 to set your appointment.

5. Your arraignment

Depending on the nature of your charges, you may have to appear at your arraignment, or your private DUI attorney can appear on your behalf to enter your plea.

6. Preparing for the pretrial

95% of criminal trials get resolved at this stage. For instance, your DUI lawyer could get your charges reduced or dropped altogether.

7. Trial by jury

If you are among the one out of 20 criminal defendants who has to go to a jury trial – whose case has not been dismissed or settled – your lawyer will represent you to win the best possible verdict.

8. Beyond trial

Your attorney can help you stay on track after you’ve fought the charges by turning you onto good resources.

December 20, 2010

Burbank DUI Bombshell: Local Poker Players Shocked as World Series Runner Up Socked with Third DUI

by Michael Kraut

Everyone in the world of poker knows that driving under the influence in Burbank (or, really, anywhere in the United States) is bad news. Unfortunately, John Racener, Runner Up in the 2010 World Series of Poker’s Main Event, may not have gotten the memo. According to a report out of St. Petersburg, Florida, Racener got arrested on December 11 for his third DUI, after police stopped him near South Westland Ave and West Azeele Street.

If someone or you care about has been recently pulled over under suspicion of a Burbank DUI, Pasadena DUI, Los Angeles DUI, or Glendale DUI, Racener’s story may sound uncomfortably familiar. Just last month, the 24-year old won $5.5 million in Las Vegas. But all his earnings may not be enough to prevent him from seriously harsh penalties. According to the St. Petersburg Times, “Racener has been arrested in Hillsborough County three times before – on charges of driving under the influence in 2005 and 2006 and on a misdemeanor battery charge in 2009.”

Racener allegedly refused a blood alcohol test and made a bail of $1000 to secure his release.

As we’re going to see in a moment, the more often you get arrested and convicted for DUI charges, the more uncomfortable the penalties become. For instance, a first time Burbank DUI offender might get a misdemeanor and be subjected to court penalties such as 48 hours in jail (max six months); court costs and a fine of a $1000; a full year license suspension; six weeks minimum DUI alcohol school; and formal or informal probation.

A second time misdemeanor DUI within 10 years results in an increase in your jail time and alcohol school minimums, doubles your license suspension, hikes up your court costs and fines, and leads to potentially other punishments.

If you get convicted of three DUIs within a decade – a la John Racener – a 3rd time misdemeanor offense will land you a minimum of 120 days in jail with a maximum of a full year. Your other penalties (e.g. alcohol school, license suspension, fines, etc) will also hike up.

Beyond this, extra DUI convictions within 10 years will lead not only to more penalties but also to potential felony convictions for what ordinarily would be considered a misdemeanor offense.

All of this is to say that a Burbank DUI defense attorney, like Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc., may be an essential person to call if you or someone you care about faces charges. Whether this is your first arrest in your life for anything or whether you have a criminal record already, connect with Attorney Kraut’s Burbank offices at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505. Or dial 818-5639-810 for immediate help.

Attorney Kraut has a Harvard Law School education, and he has been featured as an expert on DUI law by CNN, ABC News, KTLA Channel 5, and the Burbank Ledger.

December 17, 2010

Los Angeles DUI Analysts Review Olympic Gold Medalist’s Visa Dilema

by Michael Kraut

Most people hit with charges of Los Angeles DUI want to clean their records as quickly as possible to avoid things like license suspension, jail time, significant court costs, and probation. But a 30-year-old Olympian has a very unique and compelling motivation to battle his 2009 DUI charge: bobsledding gold-medalist Steve Holcomb needs his DUI charge dropped so that he can get a visa to travel to Canada to compete in the World Cup.

If you or someone you care about has been recently slapped with a charge of DUI in Pasadena, DUI in Burbank, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, odds are that your reasons for wanting to fight your charges are more mundane (but not necessarily less important!)

Here are the details on the strange case of the DUI gold medalist:

In October 2009, the Utah native made a U-turn on Route 224 but got stopped for making the turn illegally. The sheriff’s deputy tested him for DUI and found that he had a blood alcohol concentration (BAC) of 0.19% – over twice the Utah (and Southern California) DUI limit. At first, Holcomb got the charge dismissed because the sheriff’s deputy did not sign his citation properly. But Summit County Attorney David Brickley refiled the case shortly thereafter.

Last Tuesday, Holcomb’s attorney appeared in court to fight the charge: “If the DUI charge remains, Holcomb can’t participate in this incredibly crucial event (the World Cup).” The lawyer told the judge: “If Canada turns down a request for a visa, we will have no choice but to litigate the case.”

Attorney Brickley, for his part, suggested that he would be willing to plea bargain the charge down to an impaired driving conviction. But this count would still be a misdemeanor – enough to prevent Canada from letting the Olympian get his visa.

A Southern California DUI conviction can radically throw your life and business out of whack. Although Holcomb still has not been convicted of his 2009 DUI, the charge alone has been enough to throw his athletic career offline.

The law takes driving under the influence charges very seriously. First time convicts — for even misdemeanor DUI offenses — can face 48 hours in jail with a maximum of six months; mandatory DUI alcohol school; informal or formal probation; a one year CA license suspension without restrictive license possibilities; interlock device installation (which you have to pay for); and much more. This doesn’t even count the incalculable secondary problems that you will face, including loss of respect among your family, peers, and business associates and all the time that you will have to spend battling back against the charges.

The penalties actually can be ratcheted up significantly if you commit more than one Los Angeles DUI within 10 years; if you hurt someone or destroy property while DUI; or if you flee the scene of an accident (hit and run).

To build the stiffest, most resilient defense, you need a lawyer who has strong trial experience and a deep familiarity with the law. Look to Los Angeles criminal defense Michael Kraut to get timely and battle-proven advice about what steps to take to fight your charges. Michael Kraut is an ex-District Attorney for the county – as a former prosecutor, he knows how prosecutors think and plan; and he will use his relationships and personal experience to battle for your rights.

December 15, 2010

Los Angeles DUI News has Amazing Breakthrough: Suspect Accused of DUI Falls Down Drunk in Front of Judge

by Michael Kraut

Let’s face it: many Malibu DUIs stories take wild turns towards the bizarre. Witness Mel Gibson’s infamous 2006 arrest on PCH or the many incidences of lawnmower DUIs here in California and elsewhere in 2010.

If someone you care about has been arrested for driving under the influence in Burbank, DUI in Glendale, Pasadena DUI, or Los Angeles DUI, you will undoubtedly be better prepared to handle the charges than 41-year-old Mark Watson, an Oklahoma man who collapsed from alcohol intoxication in front of the judge at his own DUI trial.

According to a CBS affiliate out of Bartlesville, Oklahoma, Watson was arrested last Monday morning after he failed a breathalyzer test. He allegedly tried to speed away from an accident and assaulted a police officer – all while driving under a suspended license.

According to the arrest report, Watson responded to officer questioning thusly: “I am (expletive removed) drunk, I was driving but I did not run the stop sign. That (expletive deleted) hit me…”

“I ain’t taking take no (expletive deleted) test. I’m (expletive deleted) drunk. I’m blind anyways and I can’t drive.”

At some point during the arrest, Watson allegedly kicked one of the officers.

Pursuant to his bizarre court appearance, the District Attorney’s Office in Washington County, Oklahoma is preparing to file additional charges.

Unfortunately, many people who get pulled over for suspicion of DUI or driving under the influence of intoxicants panic and make irrational, dangerous decisions that only exacerbate their legal problems. For instance, a misdemeanor DUI could be elevated to a felony if you flee the police. If convicted of stiffer charges, you could face more jail time, steeper fines, and a battery of other long-term penalties.

The difference between a misdemeanor and a felony can be enormous. If you cause injury to somebody else (in your car, pedestrian, other driver, etc) while DUI, pursuant to California Vehicle Code Sections 23153(a) and 23153(b), an ordinary misdemeanor DUI can be raised up to a felony count. On top of hiked up insurance premiums, mandatory restitution to the injured, loss of your medical or other professional license, and other major consequences, your felony conviction will also result in the loss of your right to vote and long-term trouble finding employment, securing a loan and getting your credit score under control.

Whether you behaved reasonably after your Los Angeles DUI stop, or you made additional errors after the police flagged you that might compound and complicate your defense, now is the time to start thinking strategically and practically.

Los Angeles criminal defense attorney Michael Kraut of The Kraut Law Group Criminal & DUI Lawyers, Inc. (based in Hollywood) can give you a free and no nonsense consultation about your best defense. Attorney Kraut understands Los Angeles DUI law, not only because he has proven himself as a successful defense attorney but also because he served for over 14 years as a prosecutor of DUIs. His multilayered understanding of the law allows him to negotiate more effectively with prosecutors and give his clients better results.

December 13, 2010

Pasadena DUI and Other Southern California Cities See Trouble for Gary Collins

by Michael Kraut

Gary Collins, the former host of Hour Magazine and emcee of Circus of the Stars, is facing some serious Los Angeles DUI problems. Last week, a judge in L.A. slapped him with a $100,000 arrest warrant after the ex-actor did not show up to a November 14 progress report regarding his 2007 DUI arrest.

If you only face a simple misdemeanor charge for Los Angeles DUI, Burbank DUI, DUI in Pasadena, or driving under the influence in Glendale, you should be thankful that your legal situation is not as complicated as Collins’ is. The 72-year old has been arrested multiple times since 2002 on charges of driving under the influence. His 2007 Los Angeles DUI charge netted him four days in jail. And, as this blog reported earlier a few weeks ago, Collins now stands accused of a misdemeanor hit and run DUI in Mississippi. The actor allegedly drove his jeep into a car carrying a family of three, leading to a multicar pile up. Collins also fled the scene of the accident, according to the family.

Had Collins shown up for his November 4th progress report, he likely would have lost his probation pursuant to his 2007 case, according to media analysts. Now, he will likely have to serve jail time.

Collins’ difficulties with the law have been well documented (and blogged about) for years. But many people (and many new DUI defendants… and friends and relatives of defendants) are still unclear about what a DUI actually is and how officers judge whether someone stopped at a traffic stop is under the influence of alcohol.

To review, here is a quick list of “symptoms” of Los Angeles DUI:

• Failed breathalyzer test (a BAC reading of 0.08%+).
• Failed blood or urine test.
• Failed horizontal gaze nystagmus test.
• Failed balance tests, such as finger to the nose, Rhomberg, and walk the line.
• Failed test of mental coordination, such as counting backwards and reciting alphabet backwards.
• Odor of alcohol on the person.
• Admission to drinking.
• Slurring words, making incoherent or inappropriate remarks to police officers.
• Bloodshot, teary eyes.
• General fumbling behavior.
• Alcohol on the breath.
• Open container of alcohol in the car.

Although a person who exhibits all of these “symptoms” might expect to be arrested, you’d be surprised at how difficult it can be to clearly identify someone as under the influence of alcohol or drugs – even using seemingly scientific tests like the breath, blood, and urine tests. The reality is that all of the major tests are subject to calibration and interpretation errors. They can be compromised by bad police work and by chemical factors. Independent studies show that they generally are less reliable than most people believe them to be.

Furthermore, the signs of DUI may not necessarily indicate DUI. For instance, say you get pulled over and an officer notices that you have bloodshot eyes and you can’t answer questions coherently. It could just be that you are tired and nervous from studying all night… or staying up to counsel a friend who has had an emotional problem. This would explain the bloodshot eyes and the lack of continuity in your thoughts.

To develop a powerful defense, look to Los Angeles criminal defense attorney Michael Kraut, a former prosecutor who boasts excellent trial experience, good relationships with local prosecutors and judges, a terrific track record for his clients, and a Harvard Law School education.