Beverly Hills DUI Defense Attorney

July 15, 2011

Beverly Hills DUI Celebrity Update: Rick Springfield Pleads Not Guilty to Malibu Charges

When a celebrity like famous 80’s rocker Rick Springfield faces a charge like driving under the influence in Beverly Hills or Malibu, you can be sure that tabloids and websites like TMZ.com will be all over the story: speculating, criticizing, and occasionally sympathizing with the famous person at the center of the storm.

If you or someone you care about has recently been hit with a similar charge, such as Glendale DUI, DUI in Pasadena, DUI in Los Angeles, or driving under the influence in Burbank, you might follow these celeb arrests particularly closely – not only to see whether they might have indirect bearing on your case but also to learn more about how defendants deal with them, functionally and dysfunctionally.

Before we get into too much speculation, let’s take a closer look at what happened to Springfield. On May 1, as this blog reported, the “Jessie’s Girl” singer got stopped on Pacific Coast Highway in his 1963 Corvette – allegedly he had been speeding. The 61-year-old Springfield took a blood alcohol test and scored 0.10% BAC – as regular readers of this Los Angeles criminal defense attorney blog know, a BAC level of over 0.08% constitutes a DUI level of intoxication, according to California Vehicle Code 23512(b).

As this blog also tries to hammer home, just because you fail a Beverly Hills breathalyzer test, field sobriety test, or even blood test does not mean that you will be convicted of charges. Springfield, for instance, pled not guilty through his lawyer last Tuesday in Malibu. His case is relatively straightforward (or at least it appears to be, from news stories). His misdemeanor DUI charge is not associated with injuries, hit and run, or other criminal or logistical complications.

Not every defendant faces such simple charges. You might face extra legal trouble and hurdles if you have previously been convicted for a DUI or other criminal charge, if you hurt someone during your DUI, if you engaged in a “hit and run” accident or acted belligerently or inappropriate to police at the scene, etc.

One of the keys to success is acknowledging your specific reality – your concerns, values, fears, and potential punishments. The details of your DUI case matter profoundly – as does your choice of legal representative. Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) can not only advise you about your rights but also help you uncover unique and extremely helpful strategies to battle charges, potentially get them dismissed, and get your life back on track. Attorney Kraut is a well respected former prosecutor (14+ years as a Senior Deputy DA). His combined experience from both sides give him an advantage that few other defense attorneys have.

June 27, 2011

Beverly Hills DUI Mystery: Was Jackass Star, Ryan Dunn, DUI When His Porsche Drove Off the Road at 130 Miles Per Hour?

by Michael Kraut

The blogosphere was ablaze (no pun intended) last week with horrific Beverly Hills DUI news – 34-year-old Ryan Dunn, co-star of the popular TV series and movie franchise “Jackass,” died last week in a catastrophic fireball. The disaster led some pundits to declare that Dunn “died as he lived” and inspired a callous tweet from the movie reviewer, Robert Ebert. Clearly, Dunn’s epic tragedy dwarfed any other Los Angeles DUI, Burbank DUI, Pasadena DUI, and Glendale DUI news last week, so let’s explore a little bit about what happened and discuss some implications.

News Summary

Dunn had been cited 13 times for driving problems over the past 23 years – including 10 speeding tickets and one DUI from 2005 (charges for this DUI were dropped after Dunn went through a probationary program). Last Monday morning, Dunn had been driving his Porsche 911 GT3 130 miles per hour in Pennsylvania’s West Goshen Township on Route 322, when the car lurched off the road, zoomed over a guardrail, tore through trees, and burst into flames. The carnage was total: a coroner’s report has still not determined whether Dunn and his co-passenger died from fire injuries or blunt force trauma. And a toxicology report will not be available for at least a month or six weeks, so pundits will have to wait for more evidence about whether Dunn was in fact DUI or not.

Whether or not the Jackass star had indeed been driving DUI has been the subject of much internet speculation – Dunn himself uploaded a picture of him and a buddy drinking that night – just hours before the crash took place. (Witnesses did say that Dunn was not intoxicated.)

One of the big lessons is that repeatedly driving under the influence in Beverly Hills is a recipe for disaster, sooner or later. As this blog has detailed multiple times, the punishment for recidivist DUI behavior gets increasingly more stringent. A first time offender, for instance, might wind up with several weeks in alcohol school, a one-year license suspension, and a mandatory installation of an interlock ignition device in his or her vehicle – along with a day or two behind bars.

But a three or four time Beverly Hills DUI offender may not only get punished with a multiyear driver license suspension, enormous court costs and fines, and other court customized punishments, but he or she may also see an ordinary misdemeanor DUI charge elevated to a felony – a far more serious charge.

Fortunately, the Los Angeles criminal defense attorney Michael Kraut may be able to construct a strategic and logically sound defense for you. Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) has earned a reputation for excellent client service. Attorney Kraut draws upon a wealth of experience (including 14 plus years as a Senior Deputy DA for LA – a DUI prosecutor). He has earned the respect not only of past and present clients but also of other lawyers, judges, and juries.

June 23, 2011

Beverly Hills DUI Destruction – Rapper Flo Rida Popped for DUI in South Beach with BAC of 0.185

by Michael Kraut

Many arrests for driving under the influence in Beverly Hills involve celebrities driving multimillion dollar cars. Perhaps the only other place on earth that involves as many Maserati, Ferrari, and Bugatti DUI stops is South Beach, Florida. Indeed, South Miami was the scene of a major celebrity DUI bust last week, when Miami Beach police pulled over Rapper Flo Rida for driving with a suspended license and driving with a BAC level of 0.185% (which, as regular readers of this blog know, is more than twice the legal limit for Los Angeles DUI, Glendale DUI, Burbank DUI, and Pasadena DUI.)

Flo Rida – a rapper known for breakout hits like “Right Round” and “Low” — was tooling around in a $1.7 million Bugatti when the Miami Beach PD stopped him. Here is a quote on the arrest from the Boston Herald: “After he was pulled over, the arresting officer noticed Rida’s heavily bloodshot eyes and slurred speech.” When asked to walk on a straight line, Flo finally gave up. “I can’t do this,” he told the officer. “I don’t think I can walk a straight line. I had a few drinks. Let’s do another test. I live on the other side of the bridge. I can make it home.”

Rida exhibited many symptoms similar to the symptoms of Beverly Hills DUI, such as bloodshot eyes, odor of alcohol, incoherent stories to the police, inability to pass field sobriety tests, such as the walk the line test, failure of the breathalyzer test, and probably many more not mentioned in the article write-up.

Just because you exhibited some or many of the signs of DUI, however, doesn’t necessarily mean that you are DUI – even if you blew a positive on a breathalyzer. For instance, say you spent a long time hanging out at a party, smoking cigarettes until 4 in the morning. By the time you got into your car, you likely felt fatigued, raspy, and your eyes might have been quite bloodshot. If you had one or two drinks early in the evening (which you’ve since metabolized), you may still smell a little bit like alcohol, even if you are sober.

Even if you were not out partying or studying, you may still exhibit certain symptoms that could be classified as DUI (which shouldn’t). For instance, if you are on a ketogenic diet or even a semi-starvation diet, you may produce ketone bodies to burn as fuel, and these can screw up your breathalyzer test results.

To make sense of your charges, connect with an experienced Los Angeles criminal defense attorney. Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) provides free and confidential consultations to DUI offenders. Attorney Michael Kraut is a former Deputy District Attorney for the City of Los Angeles – he actually spent 14 years in this capacity, as a prosecutor – and he has a terrific track record at jury trials and excellent reviews not only from past clients but also from legal peers.

June 15, 2011

Beverly Hills DUI? How About the Opposite – DUI in Middle of Yellowstone National Park!

by Michael Kraut

Let’s face it: There are a lot more stories about celebrities driving under the influence in Beverly Hills and similar places (e.g. Burbank DUI, Pasadena DUI, Glendale DUI, Los Angeles DUI) than there are newsworthy events about people driving under the influence in national parks. And for good reason. The Southland is replete with millions of drivers, all of them competing to survive countless SIG alerts, smog, and each other. Out in the wide open, there are simply fewer cars and fewer chances for collisions or other problems.

All that said, occasionally, wild stories do come literally out of the middle of nowhere. To wit, consider the case of two bus drivers accused of driving DUI in the middle of Yellowstone National Park while transporting middle school students. Park rangers arrested the two drivers from Karst Stage (names have not yet been released) near the north entrance. KBZK TV reported that the drivers were transporting nearly 100 7th graders from a local Montana elementary school. The owner of Karst Stage, Jerry Perkins, said the company complies with DOT policies and requires third-party drug testing for its employees. In a written statement, Perkins said: “We are reviewing our safety practices to determine what improvements may be made and are very thankful that every one arrived home safely from the field trip.”

The Yellowstone DUI story barely merited a half page report from the Associated Press. But imagine if the details have been slightly different. Imagine, if instead of Yellowstone, the bus drivers drove DUI in the middle of Beverly Hills. And imagine if there had been an injury collision, and students had been hurt or killed. You’d likely see major front page stories and lots of public handwringing about “how to prevent something like this.”

The fact is: DUI is a DUI, on some level. The difference between these scenarios is far smaller than you might realize. It’s easy for friends, colleagues, and the media to villainize convicted DUI drivers. But this cartoonish characterization is incorrect and possibly even dangerous.

The moral of the story is: If you or someone you care about has been pulled over for Glendale DUI, a Los Angeles criminal defense attorney can help you strategize. Attorney Michael Kraut (of Beverly Hills’s Kraut Criminal & DUI Lawyers, 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) spent 14-plus years as a Los Angeles Senior Deputy District Attorney, during which time he accrued tremendous amount of knowledge. Attorney Kraut can leverage his unique experience and relationships to help you get results.

April 27, 2011

Beverly Hills DUI Lessons – Tampa Bay Buc Exec’s DUI May Hold Lessons for How to Contain the Problem

by Michael Kraut

Analysts and policy experts who look at the problem of driving under the influence in Beverly Hills (and elsewhere in the Southland) often examine data on a surprisingly superficial level.

In other words, it’s often a “quick fix” game – blame the driver, and get on with it. But a breaking story out of Tampa Bay suggests that, whether you’ve been arrested for DUI in Pasadena, Glendale DUI, Los Angeles DUI, DUI in Burbank, or DUI wherever else, you may have more than yourself to blame.

Not convinced? Read on…
37-year old Jayson Kaiser, an Assistant to the Head Coach of the Tampa Bay Buccaneers, got pulled over for DUI last Wednesday. There was nothing particularly newsworthy about the arrest, other than the fact that Kaiser works for the Bucs. News reports say that Kaiser had been driving a 2006 Hyundai when officers stopped him on West Osborne Ave. Kaiser exhibited a lot of signs that are typically associated with Beverly Hills DUI – such as slurred speech, bloodshot and glassy eyes, and odor of alcohol on his person. He said he hadn’t been drinking, and he refused both field sobriety and breathalyzer tests.

Kaiser’s car was impounded, and he was held on a bail of $500. A spokesman for the Bucs, Jonathan Grella, told reporters “we aware of matter and are in the process of reviewing it internally.”

So, Kaiser’s arrest is pretty standard stuff – nothing that regular readers of this blog haven’t read about a million times. But what’s interesting here is that, according to reports, Kaiser is actually the THIRD member of the front office/coaching staff of the Bucs to be arrested in one calendar year. In March, Shelton Quarles, a pro scouting coordinator got tagged with DUI. Last September, an Assistant Offensive Line Coach, Chris Mosley, got tagged for DUI. So, 3 DUIs on the staff within one calendar year! Is that a coincidence? Statistically, it certainly could be.

But it also suggests that potentially something culturally is going on here. Maybe the Bucs’ front office culture is “giving the green light” to driving under the influence somehow. This doesn’t mean that the men who got arrested shouldn’t have been more careful — or should somehow be exonerated because of the social influence factor.

But it does suggest that, if we really want to get to the heart of what causes motorists to drive DUI, we need to look beyond “blaming the individual” and examine the cultural influences that may be the root causes. The thinking is: if we can change what’s going on culturally, we may be able to tamp down on the number of arrests – and make our roads safer.

If you or someone you care about has been recently charged with the crime of driving under influence in Beverly Hills, a Los Angeles criminal defense attorney can be a crucial guide. Connect with the Kraut Criminal & DUI Lawyers in Beverly Hills at  9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. As a former prosecutor, Mr. Kraut has many connections and an in-depth knowledge and understanding of the Los Angeles prosecutors who will be working your case. Mr. Kraut is a Harvard Law School educated lawyer who is often called upon by media organizations like The New York Times, The Los Angeles Times, KTLA, and Fox News to provide his insights into breaking news in the Los Angeles DUI arena.

January 10, 2011

Major Beverly Hills DUI News: “My Name is Earl “Actress Arrested and Held on $15,000 Bail

by Michael Kraut

Last Wednesday evening, Jaime Pressly, a 33-year old actress best known for her role on the sitcom My Name Is Earl, got pulled over for a Los Angeles DUI in Santa Monica after police witnessed her committing a traffic violation. According to reports by TMZ.com, Pressly failed a field sobriety test and got taken to jail in Santa Monica. She was ultimately released on a $15,000 bail. Based on her high bail amount, some pundits speculated that — since Pressly had not been driving with minors and had not been involved an accident — she likely had an extremely high BAC level (over 0.15%). Police have not yet confirmed or denied this rumor.

If someone you care about has been similarly pulled over for Beverly Hills DUI (or DUI in Pasadena, DUI in Glendale, DUI in Burbank, DUI in Los Angeles, or anywhere else in the Southland region) — likely, you feel some empathy with the actress, who appears clearly fatigued in her mug shot (see adjacent picture).

This is the first DUI charge Pressly has ever faced – and it marks a distinct downturn in her career from 2007, when she won an Emmy for Best Supporting Actress. After the 2009 cancelation of My Name is Earl, Pressly appeared in commercials for Axe as well as Rules of Engagement on CBS (as a guest star).

Let’s learn a bit more about Beverly Hills DUI field sobriety tests — tests similar to the ones that Pressly allegedly failed. Almost inevitably, your first test will be something called the horizontal gaze nystagmus test. This is a pupil reaction examination. An officer will flash a light in your eyes to determine whether your pupils respond normally. DUI drivers will tend to have a lagging reaction.

Next up on your docket, you will face mental and physical coordination tests. These include the “famous” FSTs you’ve likely seen on movies and cop shows. They include balancing on one leg (the one leg stand test), walk the line (where you pace back and forth across a line) and of course the finger to the nose test — where you close your eyes, stick out your hands and attempt to touch your nose with the tips of your fingers. Police may also make you do things like count backwards or say the alphabet backwards.

Police will also be looking for symptoms of Beverly Hills DUI, such as odor of alcohol on your breath or general discombobulation or uncoordination. Police may also ask you to submit to a preliminary alcohol screening (PAS) test. The breathalyzer is a machine that uses chemical analytics to determine your so-called blood alcohol concentration (BAC). If this number is greater than 0.08%, you can be arrested and charged with DUI in Southern California.

Whether you have been arrested for the first time in your life — like Jaime Pressly was – or you are facing a second, third, or other multiple charge, you need and deserve superior legal representation. Connect immediately with a Los Angeles criminal defense attorney to get a free consultation. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is at your service. Attorney Kraut is an experienced, Harvard Law School educated former prosecutor who has tremendous connections with those in Los Angeles DUI community and who has an excellent track record and compassionate, systematic approach to client defense.

Attorney Kraut’s Beverly Hills offices are located at 9107 Wilshire Boulevard, Suite 450, Beverly Hills, California 90212 (phone number 310-550-6935).

December 24, 2010

Beverly Hills DUI for Lindsay Lohan is Going Down Hill Fast

by Michael Kraut

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

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

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

November 28, 2010

Los Angeles DUI Arrests This Thanksgiving Weekend

by Michael Kraut

DUI arrests were up significantly this Thanksgiving weekend. The California Highway Patrol assigned all available units to man the streets to catch as many Los Angeles DUI drivers as possible. The statistics have now been released and the number of drunk driver arrests are up. Over the same period last year there were 271 California DUI arrests. This year the number increased to 289 DUI arrests in California. The good news is that the number of driver’s killed was significantly down. The total number of deaths due to Los Angeles DUIs was down to eleven.

The statistics are as follows:

Burbank DUI cases

The number of Burbank DUIs also rose this weekend. The statistics are not fully in for the number of DUI arrests in Burbank. According to a leading Burbank DUI Defense Attorney, there has been a significant increase in the efforts of law enforcement in Burbank to stop the number of people driving under the influence of Alcohol in Burbank.

Pasadena DUI cases
The Pasadena Police Department mobilized their officers in an attempt to catch as many Pasadena DUI drivers as possible. While it may seem that that the efforts were overkill, the police want to put the word out this holiday season that driving under the influence in Pasadena will not be accepted. Ask any top rated Pasadena DUI Defense attorney and they will tell you that this is the best way to keep the public safe and away from harm.

Beverly Hills DUI Arrests
The Beverly Hills Police Department is one of the best trained and most highly paid of all law enforcement in Los Angeles County. The department leads the way in Beverly Hills DUI arrests and some of the highest jail sentences for a conviction of driving under the influence of alcohol in Beverly Hills. Beverly Hills DUI Defense Attorney Michael Kraut is one of the top rated DUI defense lawyers in California and he is often quoted in news and print media. When asked about DUI news in Beverly Hills, Mr. Kraut explains that the City has the resources and public backing to quash those charged with this crime within the City limits.

May 12, 2010

Lindsay Lohan Non-Compliant with Probation for her 2007 Southern California DUI?

by Michael Kraut

In 2007, actress Lindsay Lohan netted her second Southern California DUI conviction. Her hard-partying ways made her notorious in tabloids and online gossip forums. Two weeks ago, her dad, Michael Lohan, called the police to the starlet’s home, fearing that his night-clubbing daughter might be putting her younger sister Ali in harm’s way. The 23-year-old got a warning last fall to adhere closely to her probation terms. Otherwise, said Judge Revel, “the deputy district attorney will be asking for jail time.”

Although Lohan’s attorney claims that the starlet has maintained substantial compliance with the terms of her probation, she allegedly has not been following Judge Revel’s orders to go to her alcohol classes once a week. Lohan has a May 20th hearing. The Freaky Friday actress has also been in a public war of words with her ex-girlfriend, Samantha, on Twitter, and she was recently fired off a movie.

Lohan’s multiple celebrity Los Angeles DUIs have served as a cautionary tale to other Hollywood starlets and would-be violators of California Vehicle Code Sections 23152(a) and 23152(b). If you are arrested for a violation of the CVC codes and charged with DUI in Burbank or DUI in Beverly Hills, the court has a wide latitude of punishments it can dole out.

First time offenders, for instance, can receive 48 hours in jail, a fine of $1,000 (in addition to court costs, which can be substantially more), suspension of the California driver’s license, forced installation of interlock ignition device in your vehicle, strict terms of probation, and, of course, mandatory alcohol school. (Lohan’s mandatory alcohol school sentence was actually far less than the maximum the court could have imposed – nine full months – for a first time Beverly Hills DUI conviction.

Second, third, and fourth arrests for driving under the influence in Southern California (or elsewhere in the state) obviously carry stricter penalties, harsher terms, bigger fines, more jail time, and so forth. Again, the court has a lot of leeway in terms of how it chooses to punish repeat offenders (those who get multiple DUIs within 10 years time).

So what should you do if, like Lindsay Lohan, you have been tagged for DUI in Los Angeles?

One smart move is to retain an experienced trial attorney to defend you. Even if your charge is minor, and there are no complicating factors, you never know what can happen once your case comes into play. And even minor errors in your legal defense can have profound ramifications for your future, your pocket book, and your freedom.

May 3, 2010

Former NFL Runningback Busted for Southern California DUI

by Michael Kraut

Corey Dillon, a retired NFL runningback who played for the Cincinnati Bengals and New England Patriots, was pulled over for driving under the influence in Southern California at 4 a.m. last Wednesday, according to officials from the Lost Hills Sheriff’s Station.

The 35-year-old Dillon was stopped in his 2010 Chevy Camaro near the 101 Freeway on Mulholland Drive. Allegedly, he had a male passenger with him. The lieutenant who filed the report said that “Mr. Dillon displayed multiple symptoms of being under the influence… and admitted to having been drinking earlier in the evening.” Authorities released Dillon later on a $5,000 bail, pursuant to his agreement to show up in court on June 21 in Malibu to face the charges.

The 35-year-old retired from active NFL duty in 2007. He was a member of the 2004 New England Patriots World Championship team.

If you get pulled over for driving under the influence in West Hollywood, Beverly Hills, Malibu, or a less ritzy town in Southern California, police will likely subject you to a series of tests to determine whether you are under the influence. The order of these roadside sobriety tests can vary. But police usually stick close to a preordained script. The tests typically include:

1. Horizontal Gaze Nystagmus Test

Officer administers an eye exam – ordering the driver to follow a moving object. DUI might be suspected if the pupils bounce back and forth or the driver cannot follow the object.

2. Walk the Line Test

Driver is asked to walk nine paces forwards and backwards. If he or she falls over or stumbles, DUI might be suspected.

3. One Leg Stand

This is another balance test. It is very straightforward. The suspect simply stands on one leg and tries to balance for 30 seconds. If the driver trips over, DUI might be suspected.

4. Romberg Test – another balance exam. In this one, the suspect tilts his head backwards and counts till 30. Again, any kind of stumbling or falling might indicate Los Angeles DUI.

5. Finger to the Nose

This test is often portrayed in TV and films. A driver closes his eyes, stretches his arms and attempts to touch his fingers to his nose. A lack of coordination could indicate DUI.

6. Other tests

Officers can ask drivers to perform other tests of mental acuity and physical coordination. They will also look for signs of a lack of balance as well as eclectic behavior.

What to Do If You or a Family Member Has Been Charged with DUI in Beverly Hills (or elsewhere in Southern California)?

In the vast majority of cases, it will behoove a defendant to retain an expert DUI attorney. Your charge may seem straightforward and relatively minor. But if you put up an inaccurate or less than effective defense, you could wind up with serious jail time, fines, forced alcohol school, license suspension, and numerous other penalties.