Los Angeles DUI Attorney Blog

Victory at Supreme Court for DUI Defendant. Los Angeles Defendants, Take Note!

Fri, 17 May 2013 19:11:28 -0800

The Wednesday before last, the Supreme Court issued a big decision in a DUI case that Los Angeles defendants should know about.

Justices ruled 8-1 in favor of a Missouri man, Tyler McNeely, concluding that the police should have obtained a search warrant prior to ordering a DUI blood test on him. Justice Clarence Thomas was the sole Justice to rule that a warrantless blood test would have been Constitutional.

The State of Missouri – and the Obama administration – had asked SCOTUS to endorse a sweeping improvement of rule to allow such warrantless DUI blood tests.

Background on the case

As we reported several months ago, McNeely got arrested in Cape Girardeau County, when a local trooper saw his car swerving and speeding all over the road. McNeely already had two DUI convictions, and he refused to take a breath test.

He also bombed out on the field sobriety tests. If you recently got arrested for DUI in Los Angeles yourself, you no doubt are familiar with what he likely went through – the finger to the nose test, the horizontal gaze nystagmus test, the stand on one leg test, count backwards from 100 by 3’s test, etc.

Corporal Mark Winder of Missouri’s State Highway Patrol certainly had enough evidence to ask for a warrant for a blood test. Instead, he took the defendant to a nearby hospital, where a technician took blood for the test – all while McNeely was handcuffed. The results of the blood test were pretty substantial. McNeely’s blood had 0.154% BAC, nearly twice the legal limit for driving under the influence in Los Angeles, as defined as by California’s Vehicle Code Section 23152. Both a Missouri lower court and the Missouri State Supreme Court tossed the blood test results, because they said they violated McNeely’s Constitutional rights against unreasonable search and seizure.

According to the Missouri court, unless delaying could destroy critical evidence (or cause a threat to someone’s life), the police need to get warrants in such cases. In the latest SCOTUS ruling, the eight Justices who penned the majority opinion did not give guidance about when police should (or should not) seek warrants. Justice Anthony Kennedy – writing separately – said that a future case may give the Court a chance to get more in depth.

What does the SCOTUS ruling – and other recent, important DUI law fluctuations – mean for your case?

The SCOTUS situation highlights the fluidity of local and national DUI law. That’s why it’s important to work with an experienced, up-to-speed, results-proven attorney to make sense of what’s happened to you and to build an appropriate defense.

The team here at the Kraut Law Group is ready to help you. Attorney Kraut is a very experienced, highly respected local lawyer who attended Harvard Law School and who worked for over 14 years as a prosecutor before becoming a Los Angeles DUI defense lawyer.

Jury Doesn’t Give a Hoot about Hoot’s defense – Montana Man Convicted of 13th DUI. Burbank Repeat Defendants, Pay Attention!

Wed, 15 May 2013 19:12:11 -0800

As someone who’s recently been arrested for driving under the influence in Burbank (or somewhere else in the Southland), you may be facing your second or third (or worse!) DUI charge within 10 years.

The California justice system is not exactly “soft” on recidivists.

As you probably already know, a Burbank DUI conviction – even a misdemeanor one, in which no one got hurt and no other crimes were committed – can lead to jail time, alcohol school, a year of license suspension, mandatory IID installation in your car or truck, humiliation, insurance problems, fines and fees, disruption to your life, and a criminal record.

As you rack up more and more Burbank DUIs (within a 10-year period), prosecutors can choose from a more diverse and brutal catalogue of punishments, including enhanced fines and fees, more jail time, longer probation, longer alcohol school, longer license suspension, and even special punishments.

To illustrate, let’s say you just got your third DUI charge. Under normal circumstances, you probably would only face a misdemeanor – perhaps a few days in jail, fines and a suspension. But because this is your third time, prosecutors could turn that misdemeanor into a felony charge. Now, if you're convicted, you could face a year behind bars as well as the prospect of being forever stripped of key rights, such as your voting rights.

Convicted felons have a much harder lot in life – trouble finding employment, getting leases approved, and securing housing.

Consider all those consequences in light of a jaw-dropping story out of Billings, Montana.

A Yellowstone County District Court just convicted 54-year-old John Harvey Hoots of his 13th DUI. You read that right. That’s not a typo. Hoots was arrested on July 31, 2012, just six weeks after he had gotten out of prison, after serving a decade for his 12th DUI conviction.

Hoot testified that he was trying to escape from an angry neighbor, when police arrested him for DUI. According to multiple witnesses, Daniel Belmarez called police at 7 in the evening to say that Hoots had “dropped his pants to the ground and exposed himself …a second call to 911 was made about 15 minutes later by Belmarez’s mother, who said Hoots had returned and made a gesture indicating he had a gun.”

The police showed up, just as Hoots hopped in a pickup truck to take off. Police stopped him and arrested him, after discovering that he had a BAC of 0.20%. For those of you keeping score, that’s precisely 2.5 times the Burbank DUI legal limit, per California Vehicle Code Section 23152.

Hoots defense rested on "he said, she said" argument. Hoots said that Belmarez threatened him with a gun and that he had no choice but to flee in his truck. Hoots’ attorney asked him: “did you believe that if you didn’t leave their [presence] that Mr. Belmarez would cause you serious bodily injury and kill you?” Hoots replied that he did and that he was “very scared.”

Prosecutors rejoined that Hoot’s claim had no credibility. Even though evidence of his prior DUI convictions – the checkered criminal history – was not allowed, the jury still didn’t buy his story.

Obviously, we can’t really comment about the strategies involved, without delving into the details of the case. But the case illustrates something very important: To build an effective Burbank DUI defense, you need to be credible. Avoid "making stuff up," not just out of fear of perjury but also out of respect for the law and a need for good ethics.

If you strategically approach your case the right way, you might be surprised by the amount of leniency the judge (or jury) might give you.

Of course, it takes skill and experience to build a strategic case. Fortunately, the Burbank DUI defense attorneys at the Kraut Law Group have that experience, and they are standing by to take your call and help you feel more prepared about what’s going to happen to you next.

Beverly Hills DUI Legal Blotter: Big Fight Up in Seattle Over HB 2030 Could Portend the Future of Southland DUI Law

Sun, 12 May 2013 19:12:58 -0800

Everyone who cares about the public good wants to stop Beverly Hills DUI recidivist drivers from getting behind the wheel while under the influence and harming others and/or themselves.

The big question is: How do we do that? How do we make our system more just and more equitable at the same time?

This debate is obviously not just a local concern. Across the nation, states and cities are wrestling with questions like these – trying to balance needs to keep roads safe and needs to protect individual freedom.

According to an independent analysis, 40,000 people get arrested for DUI in the state of Washington, annually. Most are first time offenders. But 13% are recidivists. As followers of this Beverly Hills DUI blog know, recidivist offenders can be subjected to ratcheted up punishments, such as longer time behind bars, more alcohol school, stricter probation terms, longer license suspension terms, and on and on.

Dan Satterberg, a prosecutor for King County, hopes that a new DUI bill, HB 2030, will reduce the number of DUI recidivists. He said: “I want to focus on repeat offenders, not try for everything for everybody.”

HB 2030 would create mandatory jail sentences for second and third offenders. A recidivist can get out of serving a six month jail sentence (on second offence) if he wears a special sobriety bracelet and enters a program that would immediately alert law enforcement if he consumes alcohol.

Third offenders would be hit with a year of jail sentence and given an ID card that would prevent them from buying or being served alcohol beverages for a decade. It would also impose a mandatory Interlock Ignition Device (IID) installation after the arrest, but before the conviction.

Washington State representative Roger Goodman of Kirkland heard concerns from critics that HD 2030 may be overly harsh on first offenders. The costs associated are also high, but Goodman says those costs will be funded not by taxpayers but by offenders.

Without looking at the details, what’s nice (at least from a theoretical point of view) is that this law would give offenders choice: jail time vs. wearing a bracelet that can detect alcohol through the skin.

According to Goodman, increased prison time is not the answer. Satterberg spelled out this change of paradigm in DUI prevention/punishment: “The thing now that’s most promising…is that people are talking about DUI because, frankly, the answer is not new laws but in the attitude.”

The ACLU has expressed dubiousness over the mandatory IID installation. The ACLU said that a judge should have probable cause first. Goodman said he took the ACLU's consideration to heart and said he and fellow legislators would try to rewrite the law before April 28 to address those concerns.

As someone who has been recently arrested for driving under the influence in Beverly Hills, you need insightful legal guidance. Attorney Michael Kraut is a Harvard Law School educated ex-prosecutor with the talent, processes, knowledge and dedication to get you good results. Connect with Mr. Kraut’s Beverly Hills DUI defense team now to set up your free case consultation.

Celebrity Pasadena DUI News: Cat Cora Arrest Videos Surface: Host Makes Fun of “Two Nerds” She Hit While DUI

Fri, 10 May 2013 19:13:43 -0800

We've covered some pretty hairy and scary Pasadena DUI mug shots on this blog.

Even if you've been hiding under a rock over the past decade, you likely still remember Nick Nolte’s grizzled DUI visage from several years ago. He looked like he had just gotten out of bed.

On the other end of the spectrum, you probably also remember Cat Cora’s humdinger of a mug shot from last year. The host of Iron Chef and “Around the World in 80 Plates” got stopped for DUI in Santa Barbara last July, after she bumped another vehicle from behind.

Her unusually gorgeous mug shot likely made the folks at TMZ literally dizzy with excitement over how many website hits they would get. Even though Cora said she only consumed three beers before she got behind the wheel, breathalyzer test results found her BAC to be a whopping 0.19%. Just for comparison: The legal limit for Pasadena DUI is 0.08% BAC, as defined by California Vehicle Code Section 23152 (b).

Maybe Cora miscounted her beers. Or maybe her breathalyzer test had been off.

In any event, she later apologized for what happened in a statement: “I deeply regret my decision to drive that evening, after my designated driver became unavailable. I learned a very important lesson from this experience and take full accountability for my actions.”

That sober, reflective Cora was very different from the Cora that surfaced recently in a video taken right after the crash. The people inside the car that Cora hit shot some crazy footage of Cora, who apparently glibly dismissed their request for insurance information. “Just because I bumped your car?” she asked, indignantly.

She didn't stop there:

"I'm being videotaped by two nerds who don't want to go have dinner together ... do something exciting with their lives ... really ... wow ... sad."

This kind of over-the-top reaction is surprisingly common in DUI cases in Pasadena and elsewhere. It’s not that offenders want to get into more trouble or hassle people. It’s that they are scared, confused, and emotionally ginned up. If, like Cora, you said or did "bad things" after your stop, do the right thing now and start researching effective legal help as soon as you can.

Michael Kraut of Pasadena’s Kraut Law Group is here to help you gather yourself, make sense of the charges, and resolve your stresses, anxieties, and concerns. Get in touch with Mr. Kraut and his responsible Pasadena DUI legal defense team today for much needed peace of mind.

Ridiculous Long Beach DUI Exploits: DUI Suspect Ignores Officer’s Pleas to Pull Over…and Heads to Burger King Drive-In, Instead!

Wed, 08 May 2013 19:14:24 -0800

At first blush, many of the Glendale DUI stories that we've recently reported on sound almost made up – as if they were something ripped from the pages of The Onion (Jim Anchower’s “The Cruise” column, perhaps?)

But sometimes real life is actually more ridiculous than satire.

Case in point: According to the Sandusky Register, a 34-year-old man, Scott Sims, is in big trouble not just for allegedly driving under the influence but also for ignoring a police officer’s order to stop…and instead rolling up to Burger King to order a hearty, greasy meal.

The officer told reporters: “the operator was observed to have his window down and to be placing an order with the restaurant…I ordered the subject two times over my PA system to pull out of the drive-thru line.” Eventually, a Perkins Township officer flagged Sims down. The man confessed that he was “f**ked up” and agreed that “I should have just rode my bike to Burger King, but I was too hungry.”

Sims refused to take a breathalyzer test. He was arrested on multiple charges, including operating a vehicle under the influence, speeding, violating the open container law, and driving under suspension.

Not very good news for Sims.

In the abstract, it’s easy to snicker at this situation – to make fun of what happened. However, if you recently got arrested for driving under the influence in Glendale, you're probably more sympathetic.

Why?

Because you know – from personal experience – what that incredible stress and heightened emotional state feels like. Even rational, professional people often make grievously bad decisions during and after DUI stops because of the animal-like emotional state that overtakes them.

Consider, for instance, the video footage that just emerged of Cat Cora's DUI behavior. The Around the World in 80 Plates hostess called the people whom she rear-ended – while DUI in Santa Barbara with a 0.19% BAC! – "two nerds."

Cora and Sims’ strange responses to their DUIs make more sense when you look at their stories in context. If you peruse the archives of our Glendale DUI blog, you will notice that story after story features a similar plotline:

1. Suspect does something stupid (like drives DUI);
2. Suspect compounds that stupidity by evading arrest, commiting a hit and run, saying dumb things to officers, and so on and so forth.

The question is: Now that you are sober and contemplative, what can you do? How can you respond smartly to your Glendale DUI charges?

Every situation is different, and the team here at the Kraut Law Group is prepared to help you approach your situation systematically and alertly. Get in touch with ex-Senior Deputy District Attorney Kraut and his team now to schedule your free consultation.

Long Beach DUI Sports News: Trumaine Johnson of St. Louis Rams Busted for Misdemeanor DUI in Missoula

Fri, 03 May 2013 17:33:51 -0800

Although this blog focuses on Long Beach DUI cases, we’ve been covering a surprisingly sizable number of cases out of the Big Sky State of Montana recently.

To wit, The Associated Press is reporting that Trumaine Johnson, a cornerback with the St. Louis Rams, got arrested for a misdemeanor DUI, after police saw him driving without his headlights.

Like many Long Beach DUI defendants do, he refused a breath test. Police booked him into jail. He later secured his released on a $700 bond. The former University of Montana star had a great first year with the Rams, racking up 31 tackles and 2 interceptions as a first year player. Not bad.

Obviously, without knowing any more details, we can only speculate on what happened -- why he got the DUI. Perhaps, for instance, he would have passed the breath test had he chosen to take it. As we’ve reported in multiple posts, DUI breath tests are surprisingly unreliable – in both directions. For instance, if you exhale very lightly into a machine -- or if the machine isn’t calibrated -- you can blow a negative, when really you're technically positive for Long Beach DUI. On the other hand, if you blow a very deep breath -- or if you're on an intense ketogenic diet, or if you have diabetes -- you can easily blow a false positive.

It’s easy to get lost in technical details.

To that end, consider investigating your Long Beach DUI charges with the help of a qualified, respected attorney. You might also aim to focus on the deeper reasons for your Long Beach DUI stop. Perhaps the police treated you unfairly. Perhaps you weren’t even under the influence – or just barely under the influence.

In an ideal world, you want not only to beat the charges but also to prevent similarly embarrassing/danger situations from happening again.

To protect yourself (and others), you need to be very honest with yourself (and with your attorney) about what exactly happened, why, and what you can do to avoid trouble in the future.

These questions can touch on deep, troubling topics.

That’s why the most respected Long Beach DUI defense attorneys are excellent listeners – they often need to do both the “nuts and bolts” work of executing a defense and the "softer" work of counseling clients to help them become safer, more conscientious drivers.

For help managing your Long Beach DUI case, connect with the astute, thorough team at the Kraut Law Group. Attorney Michael Kraut is a former prosecutor (Senior Deputy District Attorney) who has tremendous experience on both sides of high level DUI cases.

Lucky for Yovani Gallardo, Brewers Pitcher Got Arrested in Milwaukee, Not Burbank, for DUI

Wed, 01 May 2013 21:40:20 -0800

A first offense for driving under the influence in Burbank is punishable as a misdemeanor (or felony if you hurt someone). But a first time DUI in Wisconsin is just a citation.

That’s probably very good news to Yovani Gallardo, a pitcher for Milwaukee Brewers who was busted last Tuesday on a Milwaukee highway near Miller Park. His BAC – at least according to a breathalyzer test – was a monumental 0.22%.

To put that in perspective (long time readers know this), that’s nearly thrice the legal limit for DUI in Burbank of 0.08%. A local sheriff said that Gallardo was swerving between lanes on the freeway. He was going substantially under the 55 mile per hour speed limit (around 40 miles per hour), which can be a “red flag” for police officers. While some DUI drivers speed, others go way too slowly – either approach can be extremely dangerous and cause accidents.

The Brewers released a statement re: Gallardo’s arrest: “we have expressed our disappointment to him and he understands that behavior of this nature is of great concern to everyone in the organization. Yovani has acknowledged the seriousness of this incident and is taking full accountability for his actions.”

The 16-game winner (from 2012) lost a brutal battle to St. Louis just three days before his arrest. His ERA in 2013 stands at an unfortunate 6.61. Gallardo is not the only Brewer who's struggling. The team as a whole racked up 32 consecutive innings without scoring before their Tuesday game. They have the worst record in the Central Division. Gallardo will have to pay fines for unsafe driving and DUI driving. But certainly worst things could have happened.

So how do you defend against a Burbank DUI charge?

The answer obviously depends hugely on the minute details of your arrest.

In some cases, it might make sense to challenge the breathalyzer test results. For instance, say you blew 0.10 or 0.09% – i.e. you were just above the cusp for DUI. If you're also diabetic or on a strange diet that could have affected your breath ketone levels (ketones are chemicals that can interfere with breath tests), you and your Burbank DUI defense lawyer might think long and hard about whether to challenge the results.

On the other hand, if, like Gallardo, you blew 0.22% BAC, you're going to have a much harder time breaking down the breath test (unless you can find some flagrant problem with it, such as a major calibration error or police incompetence/unconstitutional move). That doesn’t mean that “all hope is lost.” But it does mean that you need to calibrate your defense sensitively to the specifics of your arrest, your criminal background and other “you specific” factors.

Fortunately, a thorough, highly knowledgeable Burbank DUI defense attorney with the Kraut Law Group can help you. Get in touch with Attorney Michael Kraut and his team right now to get started on the path to rehabilitation and getting your life back.

Long Beach DUI Sports News Update: Josiah Turner Nets Two Days Behind Bars for April 2012 DUI Arrest

Mon, 29 Apr 2013 21:39:42 -0800

Getting stopped and arrested for driving under the influence in Long Beach (or anywhere else) can have profound, long-lasting implications, even if you manage to reduce your charges.

Consider, for instance, the highly publicized ordeal of Josiah Turner.

The former guard for Arizona just received a two-day jail sentence in connection with an April 26, 2012 DUI arrest. The ex-Wildcat managed to get six other charges dismissed in his plea arrangement, but the court still fined him $1,529 and told him to go through a MADD program and alcohol evaluation.

Turner had been a solid performer for the Cats – he averaged nearly 7 points a game along with 3.1 rebounds and 2.4 assists before he transferred to SMU. After college, he pursued professional basketball both in Hungary and in Canada. He lost his slot on the Halifax Rainmen in mid-season and declared for the NBA draft last week.

A Justice of the Peace, Anne Segal, told the basketball star, “I hope this [the DUI and plea arrangement] was the lowest point in your life.”

If you've recently been arrested – or if you're close to someone who's been arrested for Long Beach DUI recently – you can probably relate to the sentiment.

Turner’s attorney, Jeffery Rogers, spoke highly of the plea agreement: “it’s pretty much what you could expect in this case…what’s important is that Josiah got what everyone else would get. There is no special treatment.”

The 20-year-old (he was 19 when he was arrested) got pulled over for going through a red light at around 1.30 in the morning in his 1993 Infiniti sedan. Police saw that Turner had no license plate on his car, and he didn’t have a driver’s license, insurance, or registration with him. In addition to charges for blowing through the red light, failing to have a driver’s license, and DUI (for having BAC of over 0.08%), he was charged with driving a vehicle while under the influence and being under 21 with alcohol in his system.

According to sports reports, Turner has had a challenging last few years. He was one of the top U of A basketball recruits in 2011, but he got suspended twice for unpublished reasons. The second suspension happened during the crucial Pac-12 Tournament. His lawyer summed up the situation “he is an extreme talent…I just hope he learned a lesson and uses this as a building block.”

Often, a Long Beach DUI charge is the tip of a much larger iceberg – a sign of more deeply rooted problems. To milk the lessons from your arrest, you need to confront the charges strategically, introspect and get appropriate help to avoid recidivism or other future problems. Fortunately, the astute, connected team here at the Kraut Law Group can help you get on a smart path. Connect with Mr. Kraut and his associates today to begin building your Long Beach DUI defense.

Hollywood DUI Mega Drama – Reese Witherspoon Arrested for Disorderly Conduct After Husband, James Toth, Gets DUI

Thu, 25 Apr 2013 21:38:47 -0800

Our Hollywood DUI story of the week is clearly the Reese Witherspoon incident. The “Legally Blonde” actress didn't nab the DUI, though. That honor goes to her husband, CAA uber-agent, James Toth.

Witherspoon and Toth had been in Atlanta, where the actress was shooting a movie (The Good Lie), when an Atlanta trooper saw Toth’s Ford Focus weaving in and out of lanes. Trooper First Class, J. Pyland, 42, stopped the vehicle. He reported that Toth’s eyes looked bloodshot and that his clothing looked disheveled.

After the agent allegedly failed his field sobriety tests, Pyland gave him a breathalyzer test. Toth blew a 0.139% BAC, which is nearly double the limit for Hollywood DUI of 0.08%, as defined by California Vehicle Code Section 23152(b). (Even though the couple got arrested in Atlanta, the "0.08% limit" is basically the national standard.)

The drama did not stop with Toth’s arrest, however.

Witherspoon allegedly stuck her head out the window and lashed out at Pyland, accusing him of not being “a real police officer.”

Per Pyland’s report: “I told Mrs. Witherspoon to sit on her butt and be quiet.” When she refused and instead got out of the vehicle -- exercising her self-declared right to “stand on American ground” -- Pyland handcuffed her. He wrote: “I put my hands on Mrs. Witherspoon’s arms to arrest her…[she] was resistant, but I was able to put handcuffs on her without incident due to Mr. Toth calming her.”

Witherspoon allegedly asked him “Do you know my name?” He said he didn’t. She told him “You are about to find out who I am…you are going to be on national news.” The officer impounded their car and sent both Toth and Witherspoon to jail in Atlanta.

A passenger in the back – who has not been identified yet – went home in a cab.

The celebrity power couple made bail the next morning, and Witherspoon’s attorney hammered out a deal to prevent her from getting a criminal conviction by doing a pretrial intervention program. She will need to check in with the judge on May 22nd to determine her compliance with the program.

The 37-year-old actress did walk on the Red Carpet at the NYC premiere of her new film, Mud, but she did not give fodder to the media afterwards by taking questions.

Mrs. Witherspoon’s post-arrest trauma overshadowed Toth’s DUI arrest. Lucky, in some sense, for him: it’s a pretty big deal when a major Hollywood agent gets arrested for DUI in Hollywood. It's a bigger deal – at least from the national media’s perspective – when an actress of Witherspoon’s stature winds up behind bars.

Implications for your Hollywood DUI defense

This story does a good job of highlighting how no one is above the law. And no one is above doing “stupid things” before, during, or after a Hollywood DUI arrest. In the sober light of day, it’s easy to regret what you did or didn’t do. The challenge now for you is to figure out how to make your life simpler and how to be strategic going forward.

Connect with the Hollywood DUI attorneys at the Kraut Law Group to understand the implications of your arrest and develop a strategy. Mr. Kraut is a Harvard Law School educated ex-prosecutor with the means and technique to provide you an excellent defense.

Al Michaels, Sportscasting Icon, Busted for DUI in Santa Monica

Tue, 23 Apr 2013 21:37:43 -0800

If you've recently been arrested for DUI in Santa Monica, you have company -- famous company. In particular: legendary sportscaster, Al Michaels, who was busted last Friday night, after he made an illegal U-turn right in front of a police manning a DUI checkpoint.

The officers quickly pulled over the Sunday Night Football play-by-play man and gave him a blood alcohol test. Curiously, he was right at the cusp of the legal limit – 0.08% BAC exactly. Apparently, he was extremely nice to the officers, and he cooperated. Nevertheless, they booked him on suspicion of DUI and held him behind bars for five hours before releasing him on his own recognizance. NBC Sports spokesman, Greg Hughes, said “we are aware of the situation and we have been in contact with Al…we have no further comment at this time.”

The Emmy Award winning sportscaster has a court date on June 26th.

Michaels is probably best known for calling the so-called “miracle on ice” hockey game at the 1980 Olympics (where the U.S. team underdogs triumphed over the Soviet Union) as well as calling Game Three of the 1989 World Series, which got interrupted by an earthquake.

Santa Monica Police Department’s public information officer, Sgt. Richard Lewis, recounted the events for the media: “[Michaels] makes an illegal U-turn in the business district…two officers see that. They are staged in a gas station lot, they see the illegal U-turn, and they go after him.”

Lewis said that, after they stopped him, they “smelled alcohol” and put Michaels through the paces of a field sobriety test.

The Santa Monica PD put out a news release on April 12 announcing a driver’s license/DUI checkpoint on Friday (at an undisclosed location), citing the fact that “over the course of the past year, traffic collisions involving impaired drivers/riders were involved in 91 collisions, which have killed 3 and injured 28 people.”

Figuring out what to do after your Santa Monica DUI arrest

Whether you got behind the wheel while returning from a day at the Pier and Promenade; or got stopped on Montana while coming back from a Hollywood exec’s private party, you're anxious about your future. You want straight talk about what to do next.

Fortunately, Attorney Michael Kraut of the Kraut Law Group is standing by to help you untangle your mess and give you sound strategic DUI defense advice. Get in touch with the former Senior Deputy District Attorney and Harvard Law School educated Kraut today to craft a resilient defense.

Bobby Brown Los Angeles DUI Redux -- My Prerogative to Wear an Ankle Bracelet?

Sun, 21 Apr 2013 17:35:41 -0800

Driving DUI in Los Angeles just doesn’t pay. And celebrity musician, Bobby Brown, would probably be the first to tell you why.

After pleading no contest to October 2012 charges in February, Brown finally received his sentence: 55 days behind bars and an electronic surveillance ankle bracelet. Although Brown only served 8 hours in "real time" behind bars – due to prison overcrowding and other factors – he will still need to spend 18 months in alcohol treatment program and go to AA meetings three times a week.

As we reported when his arrest happened, 2012 was a very rough year for Brown. Not only was he arrested twice for driving under the influence in the Valley – once on March 26th, when CHP officer saw him chatting on a cell phone while driving (also a no-no) and once on October 24th – but he also lost his ex-wife Whitney Houston, AND he endured less than thrilled reviews of his first big music project in many years.

All that said, time does heal wounds. It's spring time now -- a time for rebirth and positive reckoning.

Even if you really screwed up and injured yourself while driving under the influence in Los Angeles – and/or committed other illegal acts, such as hit and run, resisting arrest, etcetera, DUI -- you can reboot your life. You can leverage the experience of the arrest/accident to become a better human being, more insightful about yourself, and even a better driver.

Of course, DUI defense can get complicated, particularly if your case is challenging. If you hurt someone while driving DUI, for instance, you could be facing felony charges per California Vehicle Code Section 23153(a) or 23153(b). Likewise, if this was your second or third arrest, prosecutors might be far less lenient on you. You may face steeper fines, greater problems with your insurance, a longer license suspension, more time in alcohol school, and beyond.

To get a handle on what you need to do, get in touch with a Los Angeles DUI defense lawyer at the Kraut Law Group.

What sets attorney Kraut apart from the crowd?

First of all, he is a former high level prosecutor – he served as a Senior Deputy District Attorney. That means he understands prosecutors on a very deep level.

Secondly, he has great relationships with many people in the Los Angeles legal and police community, and he also has a Harvard Law School background and deep sense of compassion and service.

He genuinely cares both about protecting his clients and serving the community.

Note to Prospective Burbank DUI Defendants: Make Sure Your Story is Plausible! (Lessons from “Teen Mom” Farrah Abraham’s DUI Arrest)

Fri, 19 Apr 2013 17:34:54 -0800

When you got arrested for driving under the influence in Burbank, you might have been tempted to “fight back” against the police or engage in destructive (perhaps illegal) behavior.

Hopefully, you restrained yourself from making your situation worse.

For an object lesson about what can happen, let’s take a look at the recent DUI arrest of “Teen Mom” star Farrah Abraham. The 21-year old mother (of a 4-year old girl) got busted for DUI in Nebraska on St. Patrick’s Day. She “fought cops tooth and nail” – literally – according to TMZ reports.

Per the Omaha Police Department, Abraham almost swerved into a cop car, precipitating police to investigate and ultimately arrest her under suspicion of DUI. She did not go quietly. She “banged her head against the (police car) window while yelling and screaming."

We've covered a lot of stories about people refusing Burbank DUI breath tests. But Abraham took the concept of refusal to the next level. She bit it – literally. She put her teeth onto the tube to avoid blowing in. Ultimately, police gave her a different blood alcohol test and found that she had a 0.147 of BAC – nearly twice the legal limit for Burbank DUI (and DUI in Nebraska, as well).

The 21-year old told a very different story to the magazine In Touch. She said she was sick – that’s why her BAC was recorded so high – and that she had just go to her car to help her older sister (also a mother of a small child), who had been partying that night. According to the reality star “because I’m sick, I could not give an accurate breathalyzer test, due to coughing and shortage of breath.”

Meanwhile, the tabloids collected photos showing Abraham partying with her friends at a bar on St. Patty’s Day.

That evidence may not bode well for her case.

Of course, it’s easy for readers to sit back and judge reality stars and other public DUI defendants. But if you’re personally reckoning with charges – or if you know someone who is – you know that it’s no laughing matter.

Get in touch with a Burbank DUI defense attorney at the Kraut Law Group immediately to get clarity about your rights and possible strategies after your arrest. Attorney Kraut is a compassionate, thorough, an accurate ex-prosecutor – well respected in the legal community. He can help you manage your legal crisis with grace and common sense. Call the offices now to set up a free consultation.

Long Beach DUI News Update: Sad Case of South Beach’s Party Princess Takes Quirky Turn…

Mon, 15 Apr 2013 20:56:02 -0800

In a recent Long Beach DUI post, we told the terrible story of 20-year-old Karlie Tomica, a self-described “party princess” in South Beach who allegedly hit and killed a chef while under the influence then fled the scene of the accident.

Tomica’s story made national headlines for many reasons. It wasn’t a “typical” DUI hit-and-run homicide case. For instance:

• Tomica allegedly had a BAC of over three times the legal limit for Long Beach DUI, 0.08% BAC, which is already pretty high;
• Tomica ignored a motorist’s frantic plea for her to pull over after the arrest, and police finally arrested her at her condo in Miami Beach;
• She fell asleep at the police station later and allegedly “snored loudly”;
• The 20-year-old called herself a “party princess” on Twitter.

After prosecutors got the toxicology reports in mid-February, they filed a DUI manslaughter charge against her. Now, Tomica’s lawyer is saying that the current judge should not be on her case because, from her statements, she had “pre-judged [Tomica] guilty.” Judge Migna Sanchez-Llorens said that Tomica “made choices to drink” -- indicating that she [the judge] may not provide the young woman a fair trial.

Without diving deep into the facts and arguments (and counterarguments) of this case, it’s impossible to assess the intelligence of this defense strategy.

As any reputable Long Beach DUI defense lawyer will tell you, there are no one-size-fits-all rules for how to proceed. That’s why you want to find a lawyer who has both the experience and knowledge to help you manage your situation.

If you're confused about how to proceed with your defense, get in touch with the team at the Kraut Law Group today to discuss your options and to plan an effective, thorough and strategic response. Michael Kraut is a former Long Beach DUI prosecutor who spent 14 years on the other side of criminal cases, as a Senior Deputy District Attorney for Los Angeles.

Find out more about Attorney Kraut and his credentials on this site, or call today to set your consultation about your Long Beach DUI.

Burbank DUI Sports News: Drake Britton, Star Pitcher for Red Sox, Socked with DUI in Fort Myers, Florida

Wed, 10 Apr 2013 20:55:16 -0800

Some disappointing Burbank DUI sports news: 23-year-old Drake Britton, a left-handed pitcher for the Boston Red Sox, got arrested on March 2 for driving under the influence in Fort Myers, Florida.

According to the arrest report, Britton made multiple mistakes that may make his case legally fraught and complex. A USA Today article said a deputy saw him speeding and tried to pull over the promising young leftie. Britton then smashed his car into a curb and bulldozered over a fence. Eventually, he stopped and admitted to the deputy that he had been drinking.

The Red Sox later released a statement saying that the team took Britton’s arrest “very seriously, and it's being addressed…Fortunately, in this case, there was no one injured, but the bottom line is that it’s a very serious issue with us.”

Britton paid a $2,250 bond.

Did we mention that he’d been traveling at 111 miles per hour? That’s pretty fast!

Unless you're racing at NASCAR or tooling your vintage Mercedes around on the Autobahn, 111 mph is way, way too fast.

What's really tragic – at least for Britton – is that he was just about to start in the Big Leagues, after years of struggling through the Minors. He got drafted way back in 2007 in the 23rd round. Even though he accrued a losing record with Boston’s Double-A Portland team (4-7 with a 3.2 ERA) last season, he had wrangled a chance to play in “The Show.”

So why did he drive under the influence and potentially wreck not only his car but also his career?

This question would obviously be impossible to answer unless you spent time understanding his personal situation and his psychology.

But it speaks to the diverse causes of Burbank DUI behavior and accidents.

According to cutting-edge psychological research, stressful situations – both negative AND positive – can drive us to self-medicate with alcohol or other substances.

Unless and until you address the root stress or frustration, then you may never fully get rehabilitated. You thus may be at an increased likelihood of getting arrested again, in the future, for driving under the influence in Burbank or elsewhere.

If that happens, your problems can mount.

A misdemeanor Burbank DUI is a serious charge, and it can result in the stripping of your California driver’s license for a year, jail time, court costs, fines, insurance spikes, tough probation terms, and worse. When you get arrested a second or third or even fourth time within a 10 year period for DUI in Southern California, prosecutors can pile on more and more charges, and your life can spiral downwards and out of control.

To get a grip on what's caused your turmoil -- what caused you to make less than strategic decisions about your driving or to say dumb things to the officer who pulled you over for DUI -– look to the Kraut Law Group. Michael Kraut is an experienced, compassionate, and thorough Burbank DUI defense attorney who has helped many people in similar situations protect their rights and get a fair second chance.

Involved in a Horrendous Glendale DUI Accident? Life Feels Out of Control?

Mon, 08 Apr 2013 20:54:38 -0800

You got involved in a serious Glendale DUI accident.

You survived the event. Not everyone who drives DUI in Glendale does. But even if your event involved no injuries and/or vehicle damage, you're frightened about your future, your freedom, your reputation, your license, whether or not you will have to serve jail time, and on and on.

You keep churning over different scenarios in your head, each one more worrisome than the last. All you keep thinking about is “how much worse will this all get?”

In the abstract, no one can really say.

However, you have the ability -- right now, while you are reading this article -- to begin to reverse your negative fortunes and to start to rebuild. That’s not intended as Pollyannaish, ridiculous type of positive thinking. If your life is deeply troubled on many levels, you cannot “turn it around” overnight or by reading one inspirational passage. In fact, the quest for that kind of quick “cure all” for life’s problems is often at the root of so much destruction.

That said, you CAN immediately start to make incremental changes to your habits, behaviors, and beliefs that, over long swaths of time, will lead you to better places.

Here's a good analogy. Imagine that your "elevation above sea level" is equivalent to your "emotional state." So if you stand in Death Valley or the Dead Sea, you are "emotionally low." If you stand on top of a mountain, you are "emotionally joyful."

When you're standing in Death Valley, you can’t get to Mount Everest by making one giant leap. You make incremental progress towards higher land. Instead of trying to jump to the top of a mountain, you just start to walk in the direction of the peak and focus on the individual steps you need to take to get there.

Success in many different endeavors -- including Glendale DUI defense -- is a lot like that.

When you start to make “good” decisions, find the right mentors, and engage in purposeful and positive action, over time, your odds of success increase. They are obviously not guaranteed. You can do everything right and still wind up, by some kind of fluke, suffering a lot. Conversely, you can, by random chance, get lucky.

That’s why there is no such thing as a “cure all” -- because life and nature are irreducibly random at some level. But you can start making a conscious choice to walk towards the proverbial mountain:

• To consult with an experienced Glendale DUI defense attorney, like Michael Kraut of the Kraut Law Group;
• To go in for counseling to find out what’s at the root of why your life is so stressful on so many levels;
• To start to be kinder and more compassionate with yourself;
• To improve your eating and exercise habits and take better care of your body;
• And so on.

Call Attorney Kraut to deal with your Glendale DUI charges now.