DUI in los angeles

February 26, 2014

Justin Bieber Turns Up His Nose at Plea Deal in DUI Case

Let’s say you’re pulled over for a Los Angeles DUI, after drag-racing on Olympic (between Bundy and Lincoln) in a rented Lamborghini — all while allegedly under the influence of marijuana, prescription medications, and alcohol. What if the police offered you a plea deal? You can clear your DUI, if you submit to drug testing, serve some community service, and complete an alcohol education course. Would you take the deal?

Many people would. Many people, in fact, would consider that deal rather lenient, particularly in light of the fact that the very act of driving under the influence can, under certain circumstances, lead to punishments like months behind bars, a lengthy license suspension, spikes in your insurance rates (which can cost you thousands of dollars over several years), and so forth.

And that’s if you didn’t hurt anybody or aggravate the situation by resisting arrest or refusing a breath or blood test.

Nevertheless, 19 year-old pop icon, Justin Bieber, just rejected a similar plea deal, stemming from his January 23rd arrest for allegedly drag-racing a Lamborghini while DUI in Miami. TMZ reports that Bieber decided that he will “not accept any plea that has probation” because he and his legal team worry that the “Baby” singer’s probation will turn into a spectacle and attract a lot of unwanted media attention and damage his brand.

The Florida State Attorney had been prepared to drop Bieber’s charges of DUI and resisting arrest, had he only agreed to perform 40 hours of community service and undergo testing for substance abuse. (In addition, Bieber would have had to install an interlock ignition device (IID) in his car for just three months.) Per the deal, Bieber would have had to attend a Victim Impact Panel and listen to stories of victims of DUI driving.

The ever cheeky TMZ insinuated that Bieber’s latest song – Broken – contains lyrics that speak tellingly to his situation: “I cannot be broken/they can’t take what’s mine/someone like me is hard to find.”

Further complicating an already messy situation, reports suggest that Miami Police had taken a video of the pop star peeing in his jail cell after his DUI arrest. TMZ reported that a source told the online tabloid “the stumbling and going to the bathroom is obviously reason enough for his attorneys’ request for it to be sealed… if I was trying to paint a picture that my client was innocent… I wouldn’t want a video of him stumbling around and looking out of it to go public either.”

Bonus Information: What If You Refuse Your Chemical Test?

Before a DUI arrest, you cannot refuse a chemical test, if you’re on probation or if you’re under 21 years old.

After you’ve been arrested for DUI, you MUST submit to a blood or breath test, no matter who you are (i.e. even if you’re over 21 and you’re not on probation). If you’ve been arrested under suspicion of drug DUI, you need to submit to a urine test.

For help understanding the dynamic nature of your charges and developing an effective defense, connect with the team here at the Kraut Criminal & DUI Lawyers today for a free, confidential consultation with Attorney Michael Kraut, a former deputy district attorney and Los Angeles DUI prosecutor.
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February 10, 2014

Sheriff Accused of Driving DUI Rolls Over Pickup Truck with 4 Kids Inside…

by Michael Kraut

People who are intimately familiar with the dangers of Los Angeles DUI (or DUI anywhere) can still make horrendous mistakes – mistakes which can kill people and traumatize whole communities. Some people make bad mistakes, which, miraculously, do not lead to serious harm.

Fortunately for Utah Sheriff Lieutenant, Jake Adams, his recent DUI crash falls into the latter category.

The 39-year-old Adams, who’s worked at his local Sheriff’s Office since 1988, rolled over his Sheriff’s vehicle — a F150 pickup truck — with all four of his kids inside! According to the Utah Highway Patrol, Adams had been driving on Route 17 near the community of La Verkin at around 4:30 in the afternoon, when his vehicle suffered a “slow speed rollover.”

Todd Royce, a sergeant for the Utah Highway Patrol, reported on how the accident occurred: “Adams drifted off the right shoulder and then overcorrected back to the left. The truck left the roadway and went down a dirt embankment in a sideways slide.” The pickup then flipped onto its hood. Adams suffered a slight injury to his head (a red gash on his forehead), but the children (aged 8 to 14) remarkably made it through the incident without injury.

Police arrested the lieutenant for DUI as well as for making an unsafe lane change and carrying a gun while under the influence.

As Lieutenant Adams probably knows, the immediate hours and days after a DUI charge can be the most pivotal, from a legal point of view. Prosecutors often “jump the gun” and file DUI cases prematurely, prior to collecting enough evidence. An ex-prosecutor — with a thorough and detailed knowledge of how the government typically goes after DUI defendants — can advise you and make sure you follow best practices.

Understand that a California law enforcement agency may not file a DUI charge immediately. Just because you haven’t yet been charged doesn’t mean you’re in the clear. Police may just be doing a thorough investigation to amass as much evidence as possible before charging you.

No matter where you are in your “post Los Angeles DUI journey,” it can behoove you tremendously to connect with an experienced former prosecutor at the Kraut Criminal & DUI Lawyers today to go over your defense options. Michael Kraut is a Harvard Law School educated attorney who’s racked up an impressive 99%-plus success record at jury trials. He maintains excellent relationships with his former prosecutorial colleagues as well as with judges and police officers in L.A. County.
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January 30, 2014

19-year-old Walloped with Six DUI Charges in Four Car Accident

by Michael Kraut

19-year-old Kayla Garcia, a Miami woman who allegedly caused a four-car crash on Hallandale Beach Boulevard, faces six DUI charges. The wreck allegedly caused over $27,000 in damage. Fortunately, no one was hurt. Officers who responded said Garcia displayed classic signs of DUI in Los Angeles (or anywhere), including:

• Glassy eyes;
• Trouble walking;
• Failure on road sobriety tests;
• Slurred speech.

Someone at the scene also saw a can of beer (Natural Light) fall on the ground from her car. In addition to four counts of property damage, Garcia faces charges of DUI first offense and DUI with a BAC of over 0.15%.

This is the not the teenager’s first run in with the law: Garcia faces other criminal charges in Miami-Dade County. The judge in her DUI case ordered a GPS monitor for her and set her bail at $40,000. The judge also warned “if it’s found you have consumed any alcohol [after being release on bail], you will be rearrested.” He also ordered her to submit to drug and alcohol testing every week.

The Golden State has a “no tolerance” policy for teen DUIs, and offenders can be punished per the traditional DUI vehicle codes (such as 23152 and 23153) as well as by two other laws, 23136 and 23140. Let’s unpack these and try to understand them.

California Vehicle Code Section 23156 subjects underage drivers (less than 21 years-old) to a mandatory one-year California license suspension, if they test with even a small fraction of alcohol in their systems. A reading of 0.01% on a breath test, for instance, can lead to license suspension. (If you don’t already have your license, you’ll still be penalized – you’ll be forced to wait an extra year before getting your license.)

And that’s just a civil penalty.

A violation of 23140 is classified as infraction: you’ll face a fine in addition to the loss of your driving privileges for a year. A BAC level between 0.05% and 0.07% is enough to trigger this penalty.

And, of course, if you’re over the legal limit of 0.08%, you face a whole gamut of punishments that we’ve discussed in detail on this blog and on the website.

For help getting to the bottom of your charges — and coming up with constructive, intelligent defense options — connect with Harvard Law School educated ex-prosecutor, Michael Kraut, and his legal team today to discuss your Los Angeles DUI defense.
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