Los Angeles DUI Attorney Blog

November 27, 2009

Los Angeles DUI Charges against John Kerry’s Daughter Dropped

Last week, Alexandra Kerry, the 36-year old daughter of senator and former presidential candidate John Kerry, got pulled over for driving under the influence in Los Angeles. On Monday, however, the city prosecutor’s office opted to drop the case against the documentary filmmaker, citing the fact that her blood alcohol (BAC) level was 0.06% — 0.02% under California’s legal limit of 0.08%.

People Magazine broke the story of Kerry’s arrest last week; nevertheless, many details have still yet to be made public. A spokesman for the LAPD said that Kerry posted a $5,000 bail and that she was cited for having an expired registration. She was booked at a Hollywood police station, and a court date had been set for December 10. No other drivers were allegedly involved in the incident, and no one was injured.

As a reputable Southern California DUI attorney will tell you, the key law that governs cases like Kerry’s is California Vehicle Code Section 23152 — specifically sections 23152(a) and 23152(b). The first section stipulates that if you operate a car, truck, or other vehicle while under the influence of narcotics or alcohol, you can be booked for a criminal act. The section also lays down punishments for violating this law, which include license suspension, serious fines and court costs, and jail time. Section 23152(b) stipulates that one may not drive a car, truck, or other motor vehicle with a BAC of more than 0.08%. (Since Alexandra Kerry — as we mentioned above — only had a BAC of 0.06%, it therefore would have been very difficult for prosecutors to build a substantial case against her.)

Not all charges of driving under the influence in Southern California are as easily met, however. If you or a loved one faces similar charges — or even charges complicated by injuries, property damage, or other factors — it may behoove you to connect ASAP with Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc..

For years, Attorney Kraut worked as Deputy District Attorney for the city of Los Angeles, during which time he prosecuted some very tough DUI cases. He has since switched over to representing criminal defendants, and he uses his knowledge of procedure and law to develop superior strategies for his clients. Attorney Kraut has an impressive pedigree — including a degree from Harvard Law School. And he has proven himself many times over both in settlement hearings and at trials. Given the severity of your charge, it makes sense to work with one of the best attorneys that the city has to offer.

November 23, 2009

Red Flags That Indicate You May Be At Risk for Southern California DUI

by Michael Kraut

Given the potentially devastating penalties that could result if you’re convicted of a Southern California DUI charge, you want to exercise an abundance of caution before getting behind the wheel after you’ve consumed any amount of alcohol. What are some ‘red flags’ that indicate that you might want to turn to a designated driver or take a cab?

1. You fail self administrated “roadside sobriety tests.”

Tests like the horizontal gaze nystagmus test, the walk-the-line test, the Rhomberg test, and the finger-to-the-nose test may be useful for certain individuals in certain situations. But remember that just because you pass any of these tests (or even all of them) with flying colors does not necessarily mean that you are sober and ready to get behind the wheel.

2. You fail a self-administered breathalyzer test.

Breathalyzers can sometimes give a fair bead on your BAC level. As any Southern California DUI attorney will tell you, the normal threshold for DUI in California is a BAC of 0.08%. But just because you blow a BAC of less than that doesn’t mean that you’re necessarily sober and ready to drive. Of course, blowing a BAC of greater than 0.08% doesn’t necessarily mean that you ARE above the state’s legal limit either. In other words, these tests do not have a wonderful track record for accuracy; and in fact false-positive test results often lead to unfair Southern California DUI convictions.

3. You notice dispositional changes.

If you experience symptoms such as bloodshot eyes; an inability to complete sentences; a tendency to slur speech; impaired motor skills; or a retarded ability to complete sentences, definitely think twice before getting behind the wheel. Perhaps more tellingly — if people around you hint or joke that you’re acting drunk — this should be taken as a huge sign to exercise caution.

4. You are under 21.

If you’re a minor and you have even a slight amount of alcohol in your system, you can be tagged for driving under the influence in Southern California. Anyone under age needs to be extra cautious not to get behind the wheel in such situations.

5. You notice any intolerance to alcohol.

Your body’s ability to metabolize alcohol changes. Individuals with diabetes, insulin resistance, or even a common cold can be far more susceptible to the effects of alcohol than healthy individuals, for instance. Other factors that can influence your tolerance include your stress level, your weight, your gender, your level of fatigue, whether or not you consumed foods before drinking, whether you recently consumed narcotics or medications, and so forth.

To summarize, there is no ‘standard candle’ to guide you in all situations. Frustratingly, even if you follow the state’s posted guidelines for responsible driving, you may still potentially encounter legal problems.

Here’s a useful rule of thumb: always exercise an abundance of caution. Be very conservative when you make decisions about whether to drive or not. If you have any doubt about whether you may be too intoxicated to get behind the wheel, don’t drive. Call a cab. Ask a friend to drive you home. But don’t risk potentially injuring yourself, hurting others, destroying property and sidelining your future.

If you or a friend or family member has been arrested for driving under the influence in Southern California, Attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. can provide guidance. Attorney Kraut spent many years working as a Los Angeles DUI prosecutor, and he understands how to craft a superior defense as a result of his prosecutorial experience. Attorney Kraut is an alumnus of Harvard Law School, and he’s committed to compassionate and attentive client care.

November 18, 2009

Winner of “The Bachelor: London Calling” Arrested for Los Angeles DUI

by Michael Kraut

On Saturday, November 14, Shayne Lamas, the 24-year-old reality star who won the Season 12 of “The Bachelor: London Calling” was arrested for driving under the influence in Los Angeles after she failed a breathalyzer test.

According to reports from outlets like E! Online, the ingénue/celebutante drove through a DUI checkpoint, completely confident of passing. Unfortunately for her, she blew a reading well above California’s legal limit of 0.08%. In a statement to the press afterwards, Lamas apologized for her lack of judgment and said that she would never “condone drinking and driving.” Her court date has been scheduled for December 9.

Had Lamas been able to discuss her checkpoint stop with an experienced Los Angeles DUI lawyer, she might have been able to handle the situation more effectively. Fortunately for her, from the facts sketched out in the E! Online story, Lamas may have numerous legal options at her disposal.

In particular, the breathalyzer test that she failed could have been compromised or inaccurate. Only a thorough investigation into her Southern California DUI arrest could resolve the issue. However, problems with these kinds of tests abound. Consider:

1) Breathalyzer tests don’t distinguish between women and men.

2) They also can’t distinguish between ethanol and other compounds that chemically mimic ethanol.

3) Breathalyzers often yield false positives, particularly when they’re badly calibrated; misread; handled improperly; or awkwardly administered.

4) Different BAC readings can show up depending on how hard you blow into a breathalyzer. A shallow breath tends to yield a lower BAC reading than does a deeper breath.

5) Officer bias and error can also throw off a breathalyzer result.

If you or a loved one has been charged with driving under the influence in Los Angeles or elsewhere in Southern California, Attorney Michael Kraut can provide a free consultation to help you assess your rights and options. Attorney Kraut spent years working for the city of Los Angeles as a respected and feared prosecutor. He now draws upon his deep understanding of the psychology of prosecutors to deliver results time and again for his DUI clients. Attorney Kraut is also extremely well credentialed — he is, among other things, a Harvard Law School graduate — and he has won a reputation for fearless and relentless advocacy for his clients.

November 16, 2009

Driving Under the Influence in Southern California and Other Dangerous Activities

by Michael Kraut

Most people are well aware of the dangers of driving under the influence in Los Angeles. However, alcohol intoxication appears to be just one of many factors that predispose drivers to hurt themselves and others.

According to the National Highway Traffic Safety Administration (NHTSA), nearly a quarter of the 6+ million car accidents reported every year in the U.S. can be traced back to driver distraction. The NHTSA, in conjunction with the Governors Highway Safety Association (GHSA), the American Automobile Association (AAA), and other foundations and organizations have conducted extensive studies to determine key distracting factors. They found that common distractions include:

• Eating in the car
• Changing the radio or CD player
• Talking/interacting with other passengers
• Grooming/application of makeup
• Texting/cell phone use
• Rubbernecking
• Fatigue

Researchers at Virginia Commonwealth University (VCU) also analyzed what causes driver distractions. These scientists examined 2,700 crashes and found that the number one distraction was rubbernecking — which caused 16% of the accidents in the study. Driver fatigue accounted for 12%. “Looking at scenery or landmarks” accounted for 10%. Passenger distractions caused 9%. Changing a radio station or CD caused 7%. Cell phone use caused 5%. Failure to keep “eyes on the road” caused 4.5%. Daydreaming lead to 4%, as did eating and drinking; and adjusting car controls. Distracting weather conditions; medical/emotional problems; “unknowns”; animal distractions; and problems with directions/maps accounted for the other 10% of crashes.

As a reputable Southern California DUI attorney would readily admit, just because an array of factors can distract drivers doesn’t exculpate people who take to Los Angeles’ freeways and surface streets while clearly impaired. However, the sheer diversity of possible distractions provides a sobering reminder of the scope of driver fallibility. In other words, to clamp down on unnecessary deaths, injuries, and property damage, we need to do more than just set up DUI checkpoints and hope for the best. We need to launch a broader campaign to get people to pay closer attention to the task of driving and to disincentivize people from engaging in behaviors that studies show increase risk for accidents and injuries.

Many symptoms of Southern California DUI parallel behaviors of distracted individuals. For instance: incoherent speech, poor motor skills, fumbling, and inattentive/incoherent verbal responses afflict both inattentive drivers and drivers operating under the influence of alcohol.

If you or a loved one has been arrested for a Los Angeles DUI, connect today with the attorneys here at Kraut Law Group Criminal & DUI Lawyers, Inc.. Attorney Michael Kraut spent many years in the trenches working for the city of Los Angeles on the prosecutorial side prior to switching over to representing defendants. He utilizes his wealth of expertise about how the prosecution operates to build strategically focused, results-oriented investigations. And as a Harvard Law School graduate, Attorney Kraut has the credentials to help you and your family get good results.

November 10, 2009

Driving Under the Influence Versus Driving While Texting: Which Is More Dangerous?

by Michael Kraut

For decades, public transportation authorities have warned us that driving under the influence in Los Angeles (or anywhere else) can increase your risk for getting into an auto accident by as much as four times. Few transportation safety experts would argue that getting behind the wheel with a blood-alcohol content of 0.08% or higher would be anything other than a catastrophic error. However, when it comes to the subject of driving while text messaging, people appear less willing to criticize the behavior — even though many good and reliable studies clearly demonstrate that driving while texting is perhaps even more dangerous than driving under the influence in Southern California.

Consider a recent study conducted by Virginia Tech’s Transportation Institute that found that truckers who texted were 23 times more likely to get into accidents than were non-distracted truckers. Another study from the University of Utah found that driving while texting was at least twice as dangerous as driving under the influence.

Every state has serious laws on the books against driving while under the influence. But in some states, it’s not yet illegal to drive while texting. In other words, there’s a disconnect between the law and the science / statistics. If driving while texting is more dangerous than DUI, why would driving while texting be legal anywhere?

If you’ve been pulled over for driving while texting or driving under the influence in Los Angeles, you may require the services of a distinguished and well credentialed Los Angeles DUI attorney, like Michael Kraut.

November 10, 2009

Los Angeles DUI Suspect Charged with Smashing into Cop Car In North Hollywood

by Michael Kraut

According to a CBS news report, 41-year-old Silviano Ramirez has been arrested for misdemeanor DUI with injury in Los Angeles following a late evening collision near Lankershim Boulevard. At around 9:30 PM, Ramirez — who was later tested to have a BAC level of 0.15% — attempted a non-sanctioned U-turn and plowed into a patrol car, injuring both police officers inside and giving one of them a broken nose. The cop car ricocheted into a third vehicle, sending the driver of that vehicle to the hospital with injuries.

Ramirez was arrested at the scene and charged not only with driving under the influence in Los Angeles but also with driving on a suspended/restricted California license. He is scheduled to appear in Van Nuys Superior Court on Friday to face an arraignment.

You don’t need a Southern California DUI lawyer to understand that crashing into a cop car while driving with a BAC of nearly twice the state’s legal limit is asking for trouble. Yet although the suspect stands accused of DUI with injury, the terms of his punishment could vary substantially, depending on how badly he injured the two police officers and the other driver.

This is a key point. In most people’s minds, all Los Angeles DUI injury cases “rhyme” — that is, they’re all punished roughly equally. However, the law — as defined by two critical codes, California Vehicle Code Section 23153 (a) and California Vehicle Code Section 23153 (b) — stipulates a diverse set of possible punishments. To convict you of a felony injury DUI, a prosecutor must make a special and concerted effort to show the following:

* You drove under the influence of alcohol or drugs
* You drove with a BAC of 0.08% or higher (can be less if, for instance, you’re under 21 years of age)
* You disobeyed a traffic law (in this case, Ramirez conducted an illegal U-turn, so that would likely qualify as a violation)
* The illegal driving act directly led to the injury in question
A superficial assessment of this Southern California DUI case suggests that the defendant may have a particularly difficult road to hoe. For one, he hit police officers. Secondly, he injured the officers. He also made an illegal U-turn. Finally, he allegedly drove while on a suspended/restricted license.

Nevertheless, a methodical and battle tested Los Angeles DUI attorney could help him craft a logical and workable defense strategy.

November 4, 2009

Star from The Hills busted in the Valley for DUI in Los Angeles

by Michael Kraut

Hills costar Stephanie Pratt, 23, was arrested Sunday morning for driving under the influence in Los Angeles (specifically Van Nuys) following a night of partying. According to reports from celebrity gossip outlets like TMZ.com and MTV news, Pratt had been partying at the club Empire, celebrating a friend’s birthday with other Hills cast members. (Pratt allegedly twittered to her fans that she was being a “party pooper” for leaving early.)

Pratt also had a run in with the law in May, 2006, in Hawaii, when police arrested her for drug violations and theft.

Van Nuys police released Pratt Sunday morning after she posted a $5000 bail. A court hearing will be scheduled regarding her case.

Had Pratt been advised by a Southern California DUI attorney, she might have opted to take a cab or find a designated driver. After all, the consequences of conviction for even one misdemeanor Southern California DUI can be both long-lasting and severe — even if no one was hurt and no property damaged.

California DUI law is governed by two key sections: California Vehicle Code Sections 23152 (a) and 23152 (b). Typically, a first Southern California DUI will merit a misdemeanor conviction. However, if you collect three or more DUIs within a ten-year stretch, you may be charged with a felony.

According to state law, the court can impose a battery of penalties, including:

* Half a year in jail (maximum); minimum of 48 hours in police custody
* Forced to install and maintain (at your own expense) an interlock device for your car
* Draconian probation terms
* Alcohol school — mandatory DUI school attendance for up to nine months (minimum six weeks)
* Suspension of CA driver’s license — you can lose your license for a full year
* Fines and court costs — the maximum allowable fine is $1000. However, court costs can prove much higher
To explore legal options with a battle proven Southern California DUI defense specialist, connect with Attorney Michael Kraut. After serving as a state prosecutor for many years — during which time, he prosecuted an array of complicated DUI cases successfully — Attorney Kraut opted to take on criminal defense work. His deep understanding of issues of law, his ability to consider legal arguments from both the defendant’s and prosecutor’s perspective, and his impressive pedigree (he’s a graduate of Harvard Law School) make him a formidable force in the courtroom.

November 2, 2009

Charismatic Basketball Coach Tagged for DWI: Incident was Not a Southern California DUI, But Story Has Certainly Captured Hollywood’s Attention

by Michael Kraut

Dallas Maverick coach and 11 year NBA veteran Popeye Jones was pulled over Sunday night for driving while intoxicated, according to a breaking story from the Dallas Morning News. Although the incident was not specifically a Southern California celebrity DUI, it has nevertheless fired up the bloggers and twitterers who spend their days searching for Hollywood dirt to till.

Jones allegedly had been driving his GMC Yukon erratically when Dallas police officers pulled him over. He refused a breath test, prompting the arrest. Jones reportedly resisted at first and somehow wound up face-planting on the pavement. (In his mug shot, his bruises and abrasions are quite visible.) Officials reported that Jones fell because he “lost his balance,” but some in the blogosphere have accused the police of possibly administering unnecessary force in the arrest.

An experienced Los Angeles DUI attorney might advise a client in a similar situation to refrain from making comments to the press about the case until the case has been methodically analyzed. A rigorous investigation is key to a solid defense. In fact, if a DWI defendant fails to divulge key facts about his arrest to his attorney, he risks inadvertently creating a slew of problems for himself.

Jones’ breathalyzer test refusal seems to have set off the complications in question. According to Los Angeles DUI law, a refusal to take a chemical test can be grounds for arrest under certain circumstances. For instance, if you have previously recently been arrested for DUI; or if you’re on probation for another crime; or if you’re under the age of 21, California law requires that you take a PAS test or face arrest.

That being said, determining whether a certain behavior constitutes a legally actionable “refusal” can be complicated business. For instance, if the driver delays taking a test, does this constitute a refusal or not? The answer may depend on factors such as whether the police contributed/caused the delay or whether the defendant was sick or injured.

A refusal can be penalized in multiple ways. If you’re convicted of the DUI, the Department of Motor Vehicles may not allow you to obtain even a restricted license — your one-year driver’s license suspension will be total and complete. You may also face additional jail time and conditions for your probation.

To draft a forward thinking and persuasive defense, consult veteran Los Angeles DUI attorney Michael Kraut. As a Harvard Law School graduate and former prosecutor (Deputy District Attorney) for the city of Los Angeles, Attorney Kraut has distinguished himself as a powerful advocate for justice, an impressive legal tactician, and a results-oriented thinker. With your rights and possibly even your freedom on the line, you need and deserve a top caliber attorney to build you the stiffest possible defense.

October 29, 2009

Mel Gibson Finally Puts His Southern California DUI Behind Him

by Michael Kraut

On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson’s arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that “the Jews are responsible for all the wars in the world.” Mel%20Gibson%20DUI.jpg

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you’re overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to “only having had a few drinks,” for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you’re on probation for driving under the influence of Los Angeles, or if you’ve just been arrested, you must take a test. (And if you’ve been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample — even in spite of the suspect’s unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).

October 27, 2009

Terminator Star Taken to Task for Southern California DUI; Bicyclist Injured

by Michael Kraut

Thomas Dekker — the star of the short-lived TV series: “Terminator: the Sarah Connor Chronicles,” was arrested on Wednesday for driving under the influence in Los Angeles. According to a report from the celebrity blog TMZ.com, the 21-year-old actor slammed into a bicyclist and was booked on charges of felony DUI in Southern California. The accident took place at around 9 PM in the San Fernando Valley. Dekker’s being held on a bail of $100,000.

It’s unclear from reports how serious the bicyclist’s injuries are; nor is it clear whether Dekker himself suffered injuries or whether any property was damaged.

Given the serious consequences associated with a conviction for felony DUI, Dekker will likely require the services of a qualified and experienced Los Angeles DUI attorney.

California Vehicle Code Section 23153 (a) mandates that, in the event that a DUI driver causes injury to another person or persons, his charge may be elevated from a misdemeanor to a felony. California Vehicle Code Section 23153 (b) outlines many of the penalties that can result from a felony DUI conviction. These can include fines and court costs, jail time, forced restitution to victims, and loss of other privileges and licenses.

That being said, a felony injury Los Angeles DUI conviction is by no means guaranteed. The prosecution must meet a heavy burden of proof. First of all, the prosecution must show that the defendant had been driving with a blood alcohol concentration of 0.08% or greater. Second, the prosecution must show that the defendant had committed some act of negligence or traffic violation that caused the accident that resulted in the injury.

To illustrate this point, let’s consider a scenario in which a driver is DUI. But then a bicyclist blows through a stop sign and drives right in front of his car. The cyclist gets hit and injured. In this case, the driver can be convicted of a misdemeanor DUI, since he was under the influence. But he shouldn’t be convicted of a felony injury DUI, since he had been obeying the traffic laws; the bicyclist provoked the accident by driving negligently.

As you can see, DUI legal issues can come become incredibly complicated. To make sense of your rights and obligations, you need to analyze and investigate. That’s why many defendants trust attorney Michael Kraut to provide savvy guidance. Prior to representing criminal defendants, Attorney Kraut spent years prosecuting Los Angeles DUI cases — essentially working for the “other side” — and he leverages his intimate knowledge of the prosecutorial system to deliver superior results time and again.