Los Angeles DUI Attorney Blog

September 17, 2009

Embattled Reality Star (And Former Major League Baseball Pitcher) Busted For Driving Under the Influence in Los Angeles

A local Fox TV affiliate has reported that reality TV star and former MLB pitcher Matt Keough was pulled over for driving under the influence in Southern California after running a stop sign in his gated community. Keough played Major League Baseball in the late ‘70s and 1980s. After his retirement, he served briefly as a baseball scout until he suffered a brain injury after being hit by a foul ball. He then transitioned to reality TV stardom when he and his (now ex) spouse Jeana were featured in The Real Housewives of Orange County.

Keough is no stranger to Southern California DUI charges. In 2005, he was arrested after he crashed his SUV into a parked car and injured a pedestrian. Police later tested his BAC to be more than twice California’s legal limit of 0.08%. After he served jail time and underwent rehabilitation following his conviction for felony DUI, Keough twice violated the terms of his parole, which resulted in him accruing additional fines and jail time. Keough’s latest arrest occurred on 1:30 pm Saturday, August 21. When deputies attempted to pull him over, he fled his vehicle and ran to his house, where he was later apprehended and found to have a BAC of nearly four times California’s legal limit. Keough posted a bail of $10,000 to secure his release.

Obviously, someone like Keough, who’s been arrested multiple times for alcohol-related problems, does not need a savvy Southern California DUI attorney to warn him of the dangers of breaking the state’s DUI laws.

CA DUI crimes are defined under sections 23152 (a) and 23152 (b) of the California Vehicle Code:

Section 23152 (a) defines driving “under the influence” of alcohol or drugs as a crime and sets the terms of punishment for that crime. Penalties can include license suspension, fines and court costs, points on your DMV record, and misdemeanor or felony charges, all of which can result in secondary consequences, such as the loss of a professional license, for instance, or the loss of the right to vote (if you’re convicted of a felony).

Section 23152 (b) defines the precise percentage of blood alcohol content (BAC) that the state deems to be illegal as 0.08%. In other words, if you drive a motor vehicle with a BAC of more than 0.08%, you could face all the penalties laid out in section 23152 (a).

Southern California DUI violations can result in extreme inconvenience, discomfort, and problems for convicted defendants. But if you build a sound case based on good legal research and preparation, you may be able to get your charges dropped and/or penalties reduced. For help determining your options, look to Attorney Michael Kraut. As a graduate of Harvard Law School and a former Deputy DA for Los Angeles, Attorney Kraut boasts extremely impressive credentials. Moreover, he can utilize his many years of experience as a prosecutor to help figure out exactly what defense tactics and strategies make the most sense for your situation.

September 15, 2009

Olympian Phelps Involved in More Roadside Drama – But This Time Not For DUI in Southern California (or Anywhere Else, Fortunately)

by Michael Kraut

In 2004, Olympian Michael Phelps was pulled over and charged with driving under the influence 85 miles south of Baltimore. The gold medalist’s arrest rocked the sports world and attracted lots of attention from celebrity watchers who keep tabs on arrests for DUI in Southern California (and other places).
Phelps put that incident behind him by fulfilling the terms of his probation and meeting with victims of drunk driving crashes. But despite rebounding to net a world record eight gold medals in the Beijing 2008 Summer Olympics, the Olympian has had a rough 2009. Earlier this year, he was photographed smoking marijuana. And just this month, Phelps faced more scrutiny after getting into a serious collision in Baltimore as he was driving home from a Ravens pre-season game.

According to news reports, the driver of a Honda blew through a red light and wrecked Phelps’ Cadillac Escalade. Fortunately, the swimmer wasn’t seriously injured. But due to the fact that he was driving with an expired license, he will once again have to go back to court.

An experienced Southern California DUI attorney familiar with the athlete’s reported history of substance abuse might offer some guidance about how the California legal system handles drivers charged with driving under the influence of drugs.

Pursuant to CA Vehicle Code Section 23152 (a), individuals may not legally drive while under the influence of alcohol or drugs. The term “drugs” in this context is construed broadly. It includes illegal narcotics, such as marijuana, heroin, illegal opiates, PCP, cocaine, ecstasy, and LCD. It also includes prescription and over-the-counter medications.

Although police officers do not use breathalyzers in Los Angeles DUI drug cases (unless there’s also a suspicion that the driver has also been drinking alcohol), they may attempt to administer urine or blood tests. Chemical analyses of these tests along with officer testimony about the driver’s appearance, demeanor, and any statements made may also be taken into consideration as evidence by the judge and/or jury.

Police officers usually have much less experience making DUI drug arrests than they do making DUI alcohol arrests. So it can be easier to develop an aggressive legal defense against these charges. However, if you’re convicted of driving under the influence of drugs, the penalties can be severe and the fallout can last a lifetime. That’s why it’s critical to work with an attorney who knows how to build active defenses against these kinds of charges. Attorney Michael Kraut spent 14 years as a prosecutor for the city of Los Angeles and handled literally hundreds of cases of DUI and driving under the influence of drugs – from the prosecution’s side. Having made the switch to serve as a criminal defense lawyer, Attorney Kraut brings a wealth of insider information about how the prosecution operates – a knowledge that has made him one of the most formidable defense attorneys in the city.

September 9, 2009

NFL All Time Sack Champion Taken Down By DUI Conviction

by Michael Kraut

Pro Football Hall of Famer Bruce Smith – who set numerous NFL records, including most sacks of all time – is set to appeal a July 9 conviction of driving under the influence. While he was not charged with a Los Angeles DUI (technically, Smith was arrested in Virginia Beach, VA), football fans throughout Southern California have followed his legal woes carefully.

According to an ESPN report, the 45 year-old Smith was pulled over for speeding in Virginia Beach back in May on Interstate 264. The arresting officer was allegedly part of a DUI Enforcement unit; he arrested Smith for DUI after the player refused a breathalyzer test. Prior to this incident, Smith had been arrested twice before for DUI – once in 1997 and once in 2003.

Had the Buffalo Bill’s former defensive end consulted a reputable Southern California DUI attorney, the lawyer would likely have explained the consequences of being convicted multiple times for DUI.

In Southern California, if you’re convicted of two DUIs within ten years’ time, you’ll face mandatory minimum jail time of up to ten days (maximum six months). In addition, you’ll lose your driver’s license for two years, spend eighteen months attending DUI alcohol school, pay fines and court costs, and endure probation and other penalties. For instance, the court may mandate that you install an interlock device on your car.

If you’re convicted of a third DUI charge within ten years, you’ll add yet another misdemeanor to your record and face a mandatory 120 days in prison time (maximum one year). You’ll also face longer time in alcohol school, steeper fines and court costs, and a longer driver’s license suspension (three years minimum).

If you’re convicted of four Southern California DUIs within a ten year period of time, you may face a misdemeanor charge or even net a felony charge. Fourth time offenders face a minimum sentence of 180 days in jail (for a misdemeanor) or up to three years in jail (for a felony). In addition, you’ll lose your license for four years and face even steeper court costs, fines, alcohol school requirements, and probation restrictions.

Whether you’re facing your first charge of driving under the influence in Los Angeles or your sixth, you need a competent, compassionate, and knowledgeable attorney to help you navigate the legal hurdles. Connect today with Attorney Michael Kraut. Prior to becoming a criminal defense lawyer, Attorney Kraut served Los Angeles as a Deputy District Attorney and prosecuted a wide variety of criminal and DUI cases. Since he’s been on “the other side,” he knows the tactics and strategies that the prosecution uses. He can use that hard-won knowledge to build you an intelligent, proactive defense.

September 7, 2009

Pulp Fiction Writer Sentenced for Fatal Los Angeles DUI Crash

by Michael Kraut

On August 25, 2009, Oscar-winning screenwriter Roger Avary (whose credits include Pulp Fiction, Beowulf and The Rules of Attraction) pled guilty to manslaughter in a tragic Southern California DUI case that has gripped Hollywood for more than half a year.

According to facts as reported by Los Angeles Times, on the morning of January 13, Avary careered into a car driven by an Italian tourist named Andreas Zedine. Firefighters extracted the injured Mr. Zedine from the wreckage, but resuscitation efforts at Ventura County Medical Center failed. Avary’s wife suffered serious injuries in the crash as well. The screenwriter was arrested on suspicion of felony DUI in Los Angeles and held at the Ventura County Jail for $50,000.

If you or a family member has been arrested for vehicular manslaughter or another felony driving charge, you may greatly benefit from the services of a veteran Los Angeles DUI attorney.

Gross vehicular manslaughter while DUI is a very serious charge. To convict someone of this crime, pursuant to California penal code section 195.5(a), the prosecution must prove a number of points. First of all, they must show that a driver had been under the influence of alcohol or an illegal drug and had a BAC of 0.08% (CA’s legal limit) or higher. Second, the person who was driving under the influence must have committed an infraction, misdemeanor, or other illegal act that potentially could lead to someone’s death. Finally, the prosecution must show that that misdemeanor, infraction, or act resulted in someone’s death.

It’s also important to distinguish between carelessness and “gross negligence” as defined by the law. Gross negligence isn’t simply a temporary lapse in judgment or a lack of care. It’s a kind recklessness that generates a greatly increased risk of bodily injury or death, one that a reasonable person would understand to be dangerous and risky.

Given your critical circumstances, you likely need good advice from a qualified attorney. Southern California DUI clients trust Attorney Michael Kraut because he delivers results. Attorney Kraut spent over a decade as a prosecutor and served as the Deputy District Attorney for Los Angeles before switching over to take on criminal defense work. Since he’s tried literally hundreds of Los Angeles DUI cases from the prosecution’s side, he has a unique perspective – a perspective he can put to work to craft a solid defense for you.

September 4, 2009

Maximum Enforcement is the Top Priority in Los Angeles DUI prosecutions for the CHP

by Michael Kraut

The CHP has informed all news agencies and the general public that Southern California will be the top priority for Los Angeles DUI arrests and enforcement for driving under the influence laws. According to law enforcement, starting tonight, September 4, 2009 at midnight until Monday September 7, 2009 at the same time, will be a high enforcement time for all law enforcement.

Police will be maxing out the number of officers on the roads to either run a Los Angeles DUI check point or pull over those they suspect of driving under the influence of alcohol or drugs. In California, an arrest for a violation of the California Vehicle Code section 23152(a) and 23152(b), can result in the following penalties occurring:

–Loss of driver’s license
–Jail sentence of us to 6 months for a first time Southern California DUI
–Huge fines
–Increased insurance bills for several years
–Criminal record
–Loss of job
–Strict terms of probation
These are just a few of the punishments that the court and the DMV can impose for a first time DUI. A conviction of a subsequent DUI will result in much more severe consequences and significant jail time.

A Los Angeles DUI defense attorney can make the difference between a Pasadena DUI, and beating the rap and remaining free. In many locations in around SoCal defense attorneys are attempting to protect their clients from the unfair treatment of over zealous cops.

For example, a Pasadena DUI defense attorney can reviews the facts concerning an arrest in the San Gabriel Valley.

A Burbank DUI defense attorney will review the facts of an arrest in the area between San Fernando and the Pasadena area. That is a prime location for driving under the influence arrests in the valley.

However, a Beverly Hills DUI defense attorney will be able to advise his clients on some of the more public arrests made by both the CHP and local police agencies. That is especially important since the paparazzi often hang out at the Beverly Hills courthouse to see the new celebrity DUI suspects.

September 2, 2009

Tennessee Titan Toppled in Celebrity DUI Arrest

by Michael Kraut

Chris Davis, a star receiver for the Tennessee Titans, was pulled over on Friday night for driving under the influence. Although Davis’ arrest was not a classic “celebrity DUI in Southern California” arrest, (it technically took place in Nashville, TN), it has attracted lots of attention from the CA sports community.

According to the arrest report, Davis was originally pulled over for speeding. The officer asked him to take a breath test after he noticed that the star “smelled of alcohol” and had watery eyes. Davis blew a BAC reading of 0.11% – 0.03% higher than the legal limit for Tennessee (and Southern California) DUI. Davis’ team and agent remained tightlipped after the incident while “gathering facts.”

A seasoned Los Angeles DUI Attorney can help first-time offenders, like Chris Davis, explore their defense options and come to grips with potential penalties they might face.

The court can impose a smorgasbord of penalties for first time driving under the influence in Los Angeles, even if no injuries or property damage occurred. These punishments can include:

• Misdemeanor charge
• Jail time of 48 hours – two days in jail may not seem like much, but those hours can really drag. Moreover, 48 hours is merely the minimum sentence – first time offenders can get a maximum of up to six months in jail.
• Fines of up to $1,000 as well as court costs – note: court costs can actually be significantly more than $1,000.
• Probation – the court may set strict and uncomfortable conditions for your release. For instance, you may have to check in regularly with a probation officer. You might also have your property subjected to search and seizure. Finally, you may be prohibited from consuming any alcohol beverages during the course of your probation.
• Alcohol school – you may have to attend alcohol classes for a minimum of six weeks and a maximum of up to nine months.
• Suspended license – the court can suspend your driver’s license for a full year and prohibit you from even acquiring a restricted license for school or your work.
• Interlock device installed in your car – the court can order you to install and pay for a device in your car that will prohibit you from starting your engine if you’ve consumed alcohol beforehand.

Given the range of punishments you may be facing for driving under the influence in Southern California, it’s a good idea to consult with an experienced, time tested attorney like Michael Kraut. As a former DUI prosecutor and Deputy District Attorney for the city of Los Angeles, Attorney Kraut knows how the prosecution thinks, and he uses his intimate knowledge of both process and the law to deliver excellent results time and again for his clients.

August 30, 2009

Brazilian Artist Britto Sentenced For March Arrest – Another in a Long Line of 2009 Southern Florida and Southern California DUI Celebrity Cases

by Michael Kraut

On Tuesday, Brazilian painter Romero Britto pled no contest to charges of driving under the influence. Like several other celebrities charged with Southern Florida and Southern California DUI over the past few months, Britto escaped with a relatively lenient sentence: six months probation; 100 hours of community service; a $1,000 fine; and a six month license suspension.

Britto, who’s had work commissioned by the Miami Dolphins (among others), was arrested back in March when he drove his black Bentley erratically along Washington Avenue in Miami Beach. An officer allegedly saw him nearly hit a parked car and pulled him over under suspicion of driving under the influence. Britto blew a breathalyzer reading of 0.16 — twice the legal limit for Los Angeles DUI. In addition, he failed a roadside sobriety test.

Had Britto been given the chance to consult with an experienced Los Angeles DUI attorney, he might have hesitated about taking that breathalyzer test.

According to solid scientific research, breathalyzer test results are often unreliable. Breathalyzers have trouble distinguishing ethanol (the active compound in alcohol) and other chemicals that may be on the breath. In addition, the early part of the breath may yield a far lower BAC reading than the later part of the breath (which is one of the reasons why officers often ask suspects to blow deeply into breathalyzers). Other factors can throw test readings off, including:

• The time the sample is taken
• Whether or not a suspect is diabetic
• Whether or not a suspect ate food before drinking
• Whether the suspect is a man or a woman
• Poor maintenance of machines
• Officer bias or error
• Calibration errors
If you’ve recently been pulled over for DUI in Southern California, you may need an aggressive, seasoned, and technically astute lawyer to explore your defense options. Los Angeles and Pasadena DUI Attorney Michael Kraut can provide a free, confidential analysis of your options today. Attorney Kraut spent years prosecuting DUI cases in Los Angeles and Southern California and he knows how to orchestrate solid arguments that can break down the prosecution’s case and deliver excellent results. With your future on the line, you need top notch legal counsel to battle for your rights.

August 29, 2009

DUI Probabtion and Jail Being Ordered on All Southern California DUI Cases

by Michael Kraut

California courts have become more strict on driving under the influence cases (DUI) throughout Southern California. As the economy suffers and court budgets are barely paying for basic services, courts are increasing fines and mandating harsher sentences in DUI cases.

When a person is arrested for a DUI under California Vehicle Code Section 23152(a) and 23152(b), the prosecutor files the charges. A person charged with a DUI will then have to appear in court and should always be represented by a DUI defense attorney. In some cases a person will just show up to court without an attorney and will hope for the best. Most experts believe that is a very unwise decision. First of all, representation on a Los Angeles DUI case is very important. Second, an attorney who is not trained specifically on the complex nature of DUI cases will most likely not do the best for the client.

Often times a DUI defense attorney who is a former prosecutor will have the best knowledge of the case, the defenses and also will have previously worked with the prosecutor. These relationships are often priceless. If a prosecutor knows that he is not only facing a DUI defense attorney who knows the law, but also knows all of the ways to challenge the evidence, he may want to resolve a DUI case early with reduced or dismissed charges.

However, it is important to be very careful when picking your DUI defense firm. All to often the firm claims to be made of up of former prosecutors. However, the former prosecutor may only sign the client and never go to court. These firms are sometimes called “mills” because they charge a lower fee, but do not aggressively handle the case. The former prosecutor may sign the client but then passes the case over to a young attorney who does not have much experience, or was never a prosecutor at all.

The other concern is the actual background of their attorney. Even if the attorney was a former prosecutor, the client should find out where the attorney practiced when they worked for he government. Many “former prosecutors” have come to the Southern California area after they left the prosecutor’s office in different cities, or even a different state. Often times when a client asks the tough questions, they learn that the attorney was a prosecutor in Florida, or some other distance place.

Choosing a Los Angeles DUI defense attorney who was a prosecutor in the very court your case is going to be handled may be the most optimal. A DUI attorney who knows the judge, the court staff, the current prosecutor, and the law is probably the best of all situations to assist the client.

August 28, 2009

DUI Checkpoints in Pasadena, Glendora and Throughout Los Angeles and Orange County Mean DUI Charges for 1000 People

by Michael Kraut

Over the last few days and nights, over 100 people have been arrested for the following charges; Los Angeles DUI; Orange County DUI; Pasadena DUI, Beverly Hills DUI and Glendora DUI. In actuality, it does not matter where you are in Southern California, a DUI arrest will result in similar charges and DUI penalties.

dui%20checkpoint.jpg

The law on DUI checkpoints in clear cut. The government must publically announce the placement of the checkpoint, and must also give a driver the ability to veer away from the impending danger by either turning around, or a cross street to exit away from the checkpoint. A well connected Pasadena DUI defense attorney is going to be able to review the facts of your arrest and prepare a vigorous defense on your behalf. That’s because if the police do not abide by very strict terms in setting up the checkpoint, the DUI pas test and subsequent arrest may be illegal.

If you are arrested then the penalties for a DUI will depend on if this is a first time DUI or if a person has multiple DUI convictions. If the offense is a first time DUI, then California law requires a minimum of 48 hours, and a maximum of 6 months, in jail. Additionally, the court may order fines up to $1000 plus penalty assessments. This could raise the fine up to $5000. You will also be placed on probation for a three year period. In addition, the Department of Motor Vehicles will conduct a DUI administrative hearing and if you loose, your license will be suspended for a four month period. Your car insurance will also increase significantly. You will also have to take an alcohol education course for at least 3 months at great expense.

Many people think that if they are charged with driving under the influence, you should avoid the cost of a lawyer and just go before the judge and plead guilty. There is nothing further from the truth. The penalties for a DUI far outweigh the cost of a top rated DUI criminal defense attorney.

August 25, 2009

DUI Arrest in Car Crash That Injured Girl Could Have An Impact on Los Angeles DUI Cases

by Michael Kraut

An Indianapolis woman was recently arrested for a car crash that injured an 8 year old girl. The police arrested Juna Leon, 31, who now faces a DUI charge causing serious bodily injury.

Reports indicate that Leon was driving drunk when she ran a stop sign causing another vehicle to t-bone her car. The 8 year girl was ejected from the vehicle as a result of the crash.

In California, DUI with injury occurs when another person other then the driver is injured is charged under California Vehicle Code section 23153(a) and 23153(B).

In order for the prosecution to prove their case, they must prove beyond a reasonable doubt that the person at the wheel was driving under the influence of alcohol or drugs, and that as a result of driving under the influence, they caused an injury to another person. If the person at the wheel has a blood alcohol level over .08% by body weight, then there is a presumption that they are driving under the influence.