Celebrity DUI Arrests

April 6, 2011

Long Beach DUI Shenanigans – Reality Star Joe Giudice Could Face a Decade Behind Bars for Drivers License Fraud

Discussions about Long Beach DUI and DUI elsewhere in the US inevitably pivot back to celebrity drama. It’s unfortunate, given that most cases of DUI in Glendale, DUI in Pasadena, Burbank DUI, and Los Angeles DUI involve ordinarily law abiding citizens who make miscalculations or errors of judgment.

But DUI tabloid stories inevitably pop-up – often more than once a week, as this blog has covered – and these stories tend to make all DUI defendants look like nincompoops.

Case in point: Joe Giudice, the husband of Bravo reality star Teresa Giudice (of Real Housewives of New Jersey) was busted the Friday before last for obtaining a phony driver’s license. As this blog covered few weeks ago, Giudice was arrested for driving under the influence in 2010. Anyway, he apparently secured a phony driver’s license using his brother’s ID. The 40-year old was held on bail of $50,000.00. His maximum penalty could be a decade (10 years) behind bars for this crime.

Teresa Giudice apparently was completely oblivious to the potential perils. Following the bust, she took to her twitter account: “Happy Friday! Going to Mount Airy in the Poconos tonight, cooking for my fans! What is everyone else doing?”

The DUI penalties for Long Beach DUI recidivist (repeat) offenders can be painful and life altering. Most regular readers of this blog – and any good Los Angeles criminal defense attorney – can now recite by rote the first time misdemeanor DUI penalties that the court can impose, which include DUI alcohol school; jail time of 48 hours minimum, six months maximum; court costs and fine of up to $1,000.00; formal probation; one year CA driver’s license suspension; and possibly you’ll have to install an interlock ignition device on your vehicle.

But multiple offences can lead to an escalation – or ratcheting up – of your penalties on practically every dimension. You could face more jail time, a longer license suspension, longer time in alcohol school, bigger fines, more court costs and stricter prohibition terms. Moreover, if you get arrested for multiple times within a 10-year period, prosecutors could try to charge you with a felony instead of just a standard misdemeanor. This again has life-altering consequences – a felony is a much more serious charge. Convicted felons can be haunted for years by their conviction and find it much more difficult to get loans, find work, and rebuild their professional reputations.

Long Beach DUI attorney Michael Kraut (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can answer your questions about your DUI. Even if you’ve gotten into complicated legal trouble, this former prosecutor and Harvard Law School educated attorney has the wherewithal and intuition (as well as experience with the system) to deliver results.

March 28, 2011

Burbank DUI Disaster for NFL Hopeful – Will Michael Floyd Ever Again Play for Notre Dame?

by Michael Kraut

The annals of Burbank DUI arrests are filled with sad stories of honest people making honest mistakes and careless people making dumb mistakes. Sometimes a situation like a Burbank DUI, Pasadena DUI, Glendale DUI, or Los Angeles DUI will end in tragedy – for instance, someone gets severely hurt or killed. Other times, it merely ends with embarrassment and a loss of professional and personal reputation. In still other cases, the DUI stimulates a positive change for the defendant and helps him or her come to terms with a budding alcohol problem or a deeper psychological problem.

Unfortunately, many young sports stars – who are trained to believe they are invulnerable – often fall victim to their own carelessness and hubris, and they do things like stupidly drive DUI. Doing so can destroy their careers and lead to heartbreak for friends, family members, and fans.

A week ago Sunday, Michael Floyd, a star receiver for the Notre Dame Fighting Irish, got arrested for DUI in South Bend, Indiana after blowing a 0.19% on his breathalyzer test and failing field sobriety tests three different times.

The 21-year-old Floyd decided to pass over the 2011 NFL Draft to play for his senior season. Last year 2010, he had 12 touchdowns, 79 catches, and 1,025 yards. Following his DUI arrest, a short period of incarceration at the South Bend, Indiana jail, and a payment of a $500 bond, Notre Dame Coach Brian Kelly informed the hopeful that he had been “suspended indefinitely from football team related activities.” Floyd released a statement last Monday apologizing to his friends, coaches, teammates, and fans for “my behavior this weekend” – but will the contrition be enough to save his career?

The answer is obviously up for debate, but the story illustrates how seriously DUI can undermine your life, even if you don’t ultimately get convicted.

Burbank DUI field sobriety tests are probably similar to the ones that Michael Floyd took (and allegedly failed) a week ago. But what exactly happens when you take these tests? Generally, the first test that you get is a vision test called the horizontal gaze nystagmus test. An officer shines a flashlight in your eyes to see how your pupils react to the stimulus. You will also be asked to do a bunch of balancing and coordination tests – touch your nose with your fingers, stand on one leg, walk back and forth across a line, etc. Your mental acuity may also be tested. For instance, you may be asked to recite the alphabet backwards or to count backwards. Officers will also take into account other potential “symptoms” of DUI, such as alcohol on your breath, slurring words, bloodshot eyes, admission to having drunk, disheveled appearance, and inconsistent storytelling.

A Los Angeles criminal defense attorney, like Burbank’s Michael Kraut, can help you piece together a strong and evidence-based defense and help you figure out how to respond to charges against you. Michael Kraut served for many years as a Deputy District Attorney for LA, and he is widely respected as a pundit who speaks on national television about Burbank DUI matters. The Kraut Criminal & DUI Lawyers is located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810.

March 23, 2011

Long Beach DUI Dilemma: What to do about all these sports stars getting arrested?

by Michael Kraut

A week ago Sunday, Bryson Smith, a 22-year-old baseball player for the University of Florida, got smacked with a DUI charge and taken to Alachua County Jail – Long Beach DUI experts and others who follow the world of sports news have noticed an uptick in stories about young athletes like Smith getting in trouble for driving under the influence, violating the terms of their contracts, and generally tarnishing the reputations of their sports.

As this blog has relentlessly pointed out in discussions about DUI in Pasadena, DUI in Glendale, DUI in Burbank, and DUI in Los Angeles, sports and DUI simply do not mix. But professional bobsledders, GMs of the nation’s most prestigious teams, and superstar MLB and NFL players alike seem to be getting in DUI trouble these days. Why? What’s going on?

More specifically, what happened to Smith?

According to Gainesville Police Department reports, the 22-year-old had been out with his friends at a bar called Cantina 101, when officers saw his vehicle swerving around Northwest 22nd Street, making unusually wide turns and drifting across lanes. Officer Jessie Bostick pulled the suspect over and put him through field sobriety tests (FSTs), which apparently did not go so well.

Officer Bostick reported that Smith “performed poorly on field sobriety exercises… and had bloodshot and glassy eyes.” After Smith was arrested and taken to jail, he refused to take a breathalyzer test. His coach, Kevin O’ Sullivan, released a statement: “I am aware of the charges against our baseball student athlete, and we take these very seriously… Bryson Smith has been suspended from the team effective immediately.”

Coach O’ Sullivan clearly did not want to have to suspend his key player – Smith was hitting .345 for his team with 5 RBIs on the season – one of them a game winner.

The symptoms of a Long Beach DUI that police look for are often “obvious.” In this case, the officer saw Smith swaying from side to side and observed him to have glassy and bloodshot eyes. Other common symptoms include: inability to respond to officer questions, odor of alcohol on the breath, admission to having drunk alcohol (Smith said he had one beer), empty containers of alcohol in the vehicle, slurred speech, loss of coordination, and inconsistent story telling.

As we just said, these symptoms seem “obvious.” Unfortunately, what often might appear to be clear signs of intoxication can actually be attributable to something else. For instance, someone can pull an all-nighter and thus have red bloodshot eyes because of fatigue. Someone might be uncoordinated and not be able to “get it together” enough for FSTs.

Conversely, just because you test negative for symptoms doesn’t mean that you are NOT DUI. For instance, a trained athlete with a great sense of balance might be able to pass the “walk the line” test with flying colors… even with a BAC more than twice the Long Beach DUI legal limit.

A Los Angeles criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454), can answer your questions about your DUI case. Talk to a Harvard Law School educated ex-prosecutor about your best and smartest plan to deal with the charges.

March 16, 2011

Long Beach DUI Madness — Miguel Cabrera Tells Officers: “Shoot Me, Kill Me”

by Michael Kraut

When a police officer pulls over a driver for suspicion of driving under the influence in Long Beach (or elsewhere throughout the Los Angeles/Southland region), tempers can flare and the situation can even become violent. It’s all too easy to compound a Burbank DUI, Pasadena DUI, DUI in Glendale or Los Angeles DUI situation by fleeing the scene of a crash, confronting an officer, or otherwise acting in a way that will make it more difficult to defend yourself in court later on.

Case in point: Detroit Tigers’ slugger Miguel Cabrera’s recent DUI arrest in Florida.

According to police video from the MLB player’s arrest (as well as 911 calls and 42 pages of arrest affidavits), Cabrera made multiple mistakes, which will likely compound his DUI trouble and may lead to significant legal problems.

First of all, prior to his DUI arrest, Cabrera allegedly made a series of threats at a nearby restaurant, Cowboy’s Bar-B-Q & Steak Company. The manager on duty told him that the bar and dining sections were closing – news that Cabrera did not like. He allegedly threatened to attack the manager and his staff with a gun and “blow up the restaurant.” The threats were serious enough that the bartender called 911.

Cabrera left the restaurant and headed towards the Tigers’ spring training camp in Lakeland in central Florida. His SUV broke down. Police officers soon showed up on the scene. Cabrera allegedly threatened the police, drank a bottle of Scotch whisky in front of them, and gave one of the officers the bird. When the patrol trooper tried to arrest him, Cabrera “pushed off the vehicle” — a defensive/aggressive move that earned retaliation from the trooper in the form of “3 to 4 knee spikes” into Cabrera’s leg.

Misbehavior, violent actions and threats to the police can vastly complicate your Long Beach DUI situation. You also might experience escalated penalties if you hurt someone while operating a vehicle while DUI.

Here’s the scoop:

Typical misdemeanor charges are dealt with under California Vehicle Code Sections 23152(a) and 23152(b). Injury Long Beach DUI matters are charged under slightly different vehicle code sections – 23153(a) and 23153(b). From the labeling, that might not sound like a big difference – you go from 23152 to 23153. So what? But the consequences for your potential punishments are profound. 23153 allows prosecutors to elevate misdemeanor charges to felony charges.

Do you know the difference between a misdemeanor and a felony? The difference is enormous. If convicted of a felony, you may get significantly longer than one-year in jail, permanently lose the right to hold public office and vote, and suffer incalculable damage to your professional reputation, credit, ability to get loans, and ability to negotiate favorable probation conditions.

A qualified and reputable Los Angeles criminal defense attorney can help you build a sound and sensible strategy to combat the charges against you. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (located at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) has a long and decorated history of helping defendants. With a 99% success rate at jury trials, 14 plus years as a former prosecutor, and a Harvard law school education, Mr. Kraut can give you the guidance and legal help you need to get best results.

March 11, 2011

Long Beach DUI Sports Update: Coco Crisp Popped for DUI at Spring Training

by Michael Kraut

Last Wednesday, Oakland A’s outfielder (and former Red Sox icon) Coco Crisp got pulled over in Scottsdale, Arizona on suspicion of DUI – blogs that follow sports and Long Beach DUI news jumped on the story, possibly because the outspoken outfielder had been driving a 2009 Rolls-Royce Phantom (valued at $400,000+) when he got pulled over.

Most arrests for DUI in Burbank, DUI in Glendale, Los Angeles DUI, and Pasadena DUI, involve vehicles worth well less than $400,000. They also usually involve non-celebrities. So let’s get the full story behind Coco Crisp’s “beyond the run of the mill” DUI bust.

According to a report from TMZ.com, the police officer who pulled over Coco “observed signs of intoxication… after Mr. Crisp agreed to and performed field sobriety tests, he was arrested without further incident.” The AP report states that Crisp made his bail and actually made it to Phoenix Municipal State Event in time to play an exhibition game against the Indians. The Oakland A’s released a statement saying that the team was “taking Crisp’s situation seriously,” but team officials withheld additional comments “until further details are available.”

According to the AP, Crisp was the third major leaguer to be nabbed for DUI during this year’s spring training season – other arrests include Miguel Cabrera (Detroit Tigers), who got nabbed for Florida DUI in February, and Austin Kearns (Cleveland Indians), who got nabbed for DUI in Kentucky on February 12th.

Mr. Crisp allegedly failed his field sobriety tests (FSTs), but what exactly constitute Long Beach DUI field sobriety tests?

Here is a quick primer (or reminder, if you’re a regular reader of this blog) of standard Southern California DUI FSTs:

• Horizontal gaze tests – An officer checks the reaction time of your pupils for an indication of a delay, which might indicate DUI.
• Finger to nose test – Suspect is asked to close his (or her) eyes and to try to touch his (or her) nose.
• Other balancing tests, such as the “stand on one leg” test, Rhomberg test (tilt the head backwards and count to 30), and walk the line test (walk several paces back and forth along a line, such as the white line on the side of the road).
• Mental coordination tests – (e.g. counting the alphabet backwards or counting numbers backwards by threes).

If you or someone close to you has been arrested for the crime of driving under the influence in Long Beach, a reputable Los Angeles criminal defense attorney, such as the Kraut Criminal & DUI Lawyers’ Michael Kraut, can give you much needed guidance and strategic assistance.

Mr. Kraut’s Long Beach offices are located at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454. In addition to having served for 14+ years as a city prosecutor and having attended Harvard Law School, Mr. Kraut has a 99% success rate at jury trials and an excellent reputation in his industry. Prosecutors and judges respect him, and major media outlets, such as the New York Times, LA Times, BBC, and KTLA News, have had Mr. Kraut on as a guest commentator to discuss Los Angeles DUI news.

February 23, 2011

Beverly Hills DUI Stunner: Judge Says to Lindsay Lohan: “You’re Going to Jail”

by Michael Kraut

Lindsay Lohan’s post Los Angeles DUI saga took a scary new turn today, when Judge Schwartz warned the wayward actress “this case will involve jail time. Period.”

No, Judge Schwartz was not talking about another incident in which Lohan drove DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI in Los Angeles. Rather, the stern admonition came in reference to Lohan’s alleged grand theft of a $2,500 necklace from a Venice Beach jewelry store.

Today, prosecutors in Lohan’s felony grand theft hearing offered her lawyer security footage of the “Mean Girls” actress allegedly stealing the necklace. Judge Schwartz had sobering words for the Lohan (quote courtesy Eonline): “This case does involve jail time… if this case is resolved in front of me, you’re going to jail… There may be an issue as to the amount of time you go, of course… but… I don’t want you under any apprehension. You will go to jail. Period.”

According to a Chicago Sun-Times report about the case: “the plea deal offered by Deputy District Attorney Danette Myers was for six months in jail, likely to be reduced significantly for good behavior behind bars.”

The actress is scheduled to return to court on March 10. If she loses her grand theft trial, it’s possible that she could spend a significant amount of time in a California State prison — a year or more for the felony. A “longtime Lohan intimate” told the Sun-Times that such a scenario would be “very dangerous… a true nightmare, no matter what… she’s been totally delusional about this… she’s got to get this behind her and get on with her life, especially if she wants a chance of saving her career.”

If you recall, Lohan is still on probation for her 2007 Los Angeles DUI. This issue complicates her already tenuous and fraught legal situation.

While Lohan’s felony grand theft case has been getting a lot of media play, there are literally thousands of CA defendants every year who face similarly fraught and emotionally difficult choices about how to plead in Los Angeles DUI cases.

A Beverly Hills DUI with injury, for instance, can be punished as a felony pursuant to California Vehicle Code Sections 23513(a) and 23153(b). In other words, the very act of hurting someone while DUI can bump up a misdemeanor (still quite a serious charge) to a felony, thus leading to a potentially massive sentence increase.

A variety of factors can impact Beverly Hills DUI sentencing. For instance, say you’re on probation for some other criminal offense; if so, the court may treat you more harshly. Or say this is your second, third, or fourth offense for Southern California DUI within a 10 year period — if so, penalties will be ratcheted up significantly.

To construct a powerful defense, look to a skilled Los Angeles criminal defense attorney. In Beverly Hills, count on attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (located at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935)) to provide outstanding service, compassionate listening, and strategically grounded thinking. Attorney Kraut is an ex-prosecutor (14+ years) and a Harvard Law School educated lawyer who has an exceptional track record helping Los Angeles DUI defendants, even in tricky and complicated situations.

February 23, 2011

Los Angeles DUI Sports News: Ex-Dolphin Rams Driver on I-95, Says Florida Police

by Michael Kraut

Last week, the Florida Highway Patrol arrested Bob Kuechenberg, a 6 time Pro Bowler for the Miami Dolphins, after he allegedly slammed into another car on I-95 and tested to have a blood alcohol concentration of 0.12%.

Sports related stories about driving under the influence in Los Angeles (and elsewhere) seem to be popping up everywhere: last week, not only did Kuechenberg get busted for DUI, but Michael Bush of the Oakland Raiders also got tagged for DUI near Louisville. (More on that in a separate blog post.)

If you or someone close to you got stopped and charged recently with Burbank DUI, DUI in Pasadena, DUI in Los Angeles or DUI in Glendale, you may feel more than a little bit of empathy for the 63-year-old Kuechenberg. According to an AP report, the former Dolphin drove his 2002 Volvo into another car during a lane change on I-95. Although Kuechenberg now faces DUI charges as well as charges of making an improper lane change and damaging property, no one was apparently injured in the crash, fortunately. The Broward Sheriff’s office reported Sunday that Kuechenberg posted his bond of $2,000.

No one suffered serious injuries during Kuechenberg’s crash. But what happens when someone does get arrested for DUI with injury in Los Angeles?

Typically, misdemeanor DUI drivers face charges pursuant to California Vehicle Code Section 23152. This section is split-up into two parts:

23152(a) outlines what it means to be driving while impaired by alcohol or drugs and sets out a cascade of punishments.

23152(b) defines the crime in a slightly different way – more quantitative. According to this measure, anyone who drives a motor vehicle with a blood alcohol concentration higher than the state’s limit of 0.08% can be arrested and charged with a serious crime.

When injuries occur during a DUI situation, prosecutors may try to elevate your charges and convict you under California Vehicle Code Section 23153.

Going from 23152 to 23153 means that what might ordinarily be a misdemeanor can be charged as a felony. A felony, as you probably know, is a much more serious crime than a misdemeanor; if convicted of hurting someone while DUI, you could face extended jail time, a loss of your right to vote, and a whole panoply of additional restrictions, fines, and other long-term encumbrances.

A skilled Los Angeles criminal defense attorney can fight back against a Los Angeles DUI with injury charge. For instance, upon deeply probing the evidence, your attorney may realize that, while you did hurt another driver or a pedestrian during an accident, the other driver actually caused the problem by veering into your lane or ignoring traffic rules.

In this case, even though you were DUI, since the other person caused the problem, the prosecutors will likely have a very hard time pinning a felony charge on you.

All that said, time is of the essence. Connect with a Harvard Law School educated ex-city prosecutor, Michael Kraut, of the Kraut Criminal & DUI Lawyers, for a confidential and comprehensive evaluation of your case. Attorney Kraut’s Los Angeles offices are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

February 18, 2011

Long Beach DUI Sports News – Bobsledding Champion Pleads Guilty to DUI, Narrowly Avoids Half Year Jail Sentence

by Michael Kraut

30-year-old Olympic gold medalist Steve Holcomb, the pilot for the US bobsledding team in the 2010 Winter Olympics, pled guilty last Wednesday to DUI charges, prompting analysts who cover sports news about driving under the influence in Southern California (and elsewhere) to ponder the effects of the sentencing.

For anyone out there who has been stopped and charged recently with DUI in Glendale, DUI in Burbank, Los Angeles DUI, or driving under the influence in Pasadena, Holcomb’s travails may be particularly instructive.

As this blog reported a few months ago, the bobsledder got pulled over in October 2009 on Route 224 in Utah for making an illegal U-turn. Testing later revealed that he had a blood alcohol concentration of 0.19% – more than double the Long Beach DUI limit of 0.08%.

Things clearly weren’t looking good for Holcomb. But then his citation got abruptly tossed out because a deputy in the Sheriff’s department didn’t sign the citation properly. Summit County Attorney David Brickey refiled the case, however. According to a USA Today news story, “(he) denied any leniency because Holcomb was a decorated athlete.” Holcomb ultimately pled guilty to a Class B misdemeanor of impaired driving (as opposed to driving under the influence), and a Summit County Judge ordered him to pay a fine of $1,430, “undergo substance abuse screening and assessment” and serve 48 hours of community service in lieu of 180-day jail sentence.

Brickey seemed satisfied but offered the following rejoinder: “I told the judge, of the community service: ‘it better not be giving free rides down the ice tracks.'”

It remains unclear whether the guilty plea will impact Holcomb’s ability to travel to Canada for the world bobsledding competition.

Long Beach DUI breathalyzer tests – similar to the ones used in Park City Utah – analyze the suspect’s so-called “blood alcohol concentration” (BAC) to help officers determine whether or not an arrest should be made. According to California Vehicle Code Section 23152 (b), driving with a BAC of greater than just 0.08% constitutes a criminal offense and can result in severe penalties, such as jail time, license suspension, hiked up insurance rates (because of your conviction), mandatory alcohol school, tough probation terms, and serious fines and fees.

A Los Angeles criminal defense attorney, such as Attorney Michael Kraut (The Kraut Criminal & DUI Lawyers can be contacted in Long Beach at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can be a crucial ally as you plan your strategy to combat your DUI charges.

Mr. Kraut will utilize his knowledge and experience as a former prosecutor (for 14+ years, he prosecuted Los Angeles DUI cases) to help you. Mr. Kraut is often called upon by major media, such as CNN, The New York Times, and The Los Angeles Times, to provide analysis of breaking DUI news. He can design and execute a tailored, streamlined defense for you.

February 14, 2011

Burbank DUI Drama: Young and the Restless Star Nabbed for DUI on L.A. Freeway – Does Anyone Care?

by Michael Kraut

Last week, Lindsay Lohan’s grand felony theft charge (which this blog covered at length in a previous post) consumed nearly all the oxygen in the Los Angeles DUI blogosphere. Jaime Presley’s DUI drama snatched up the dregs. (As this blog also covered recently, the “My Name is Earl” actress filed for divorce just weeks after her January arrest, prompting some to speculate that the DUI sparked her divorce – a rumor she quashed in no uncertain terms late last week.)

But out of all the Burbank DUI, Los Angeles DUI, Pasadena DUI, and Glendale DUI arrests made last week, one celebrity bust was given surprisingly short thrift by the news media and blogosphere: Kristoff St. John, a long-time star on the soap, The Young and the Restless, was pulled over on the freeway last Sunday at 1:30 a.m. and booked on a DUI charge.

The ever-vigilant celebrity watchdog website TMZ.com reported that St. John spent all Sunday behind bars before finally making his $5,000 bail. Officers pulled him over after they saw him speeding. The 44-year-old St. John apparently did “poorly” on his field sobriety tests.

St. John started his role as Neil Winters on The Young and the Restless way back in 1991 – 20 years ago – and actually got his start in the entertainment business when he was just 7, in a short-lived sitcom called That’s My Mama.

Burbank DUI field sobriety tests – similarly to the ones that St. John apparently failed – can trip up many motorists, even motorists who have consumed not a single drop of alcohol. This assertion may sound farfetched at first. But it will resonate as more rational, once you learn a little bit more about what the field sobriety tests (FSTs) actually are and how they work.

Officers who suspect a motorist of DUI in Burbank will subject him or her to physical and mental examinations on the side of the road. You’ve no doubt seen depictions of these tests on TV and at the movies. They include the horizontal gaze nystagmus test, the finger to nose test, the one-leg stand test, counting backwards test, reciting the alphabet backwards test, and walk the line test.

Essentially, the officer wants to know whether the suspect has any coordination problems – either physically or mentally. Unfortunately, these tests tend to yield “false positives.” For instance, say you’re not a coordinated person — or you get vertigo from the anxiety associated with your DUI stop. You may not perform well on your FSTs, even if you’re completely sober.

Conversely, someone who IS actually DUI might perform brilliantly on FSTs. For instance, a trained gymnast who spends her day walking on a balance beam might perform quite well on the “walk the line test” even if she had a BAC of more than twice the California legal limit of 0.08%.

The general lesson here is that, if you’ve been pulled over recently, you should talk to a qualified Los Angeles criminal defense attorney about what steps to take next. Michael Kraut of the Kraut Criminal & DUI Lawyers (located in Burbank at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can provide crucial strategic guidance. Attorney Kraut is a former prosecutor (nearly a decade and half spent as a Senior Deputy District Attorney for Los Angeles) and a media analyst trusted by major news media, like CNN and the New York Times, to provide commentary on breaking Los Angeles DUI news stories.

February 9, 2011

Beverly Hills DUI Shocker: Lindsay Lohan Charged with Felony Grand Theft. Electrified Blogosphere Reacts

by Michael Kraut

In 2007, former child starlet and prominent celebutante Lindsay Lohan got arrested for driving under the influence in Los Angeles. Since that fateful stop, the beleaguered Lohan has been sent to jail three separate times for drug possession and violating her Los Angeles DUI probation. Today, the Los Angeles District Attorney’s Office dealt yet another blow to Lohan — formally charging her with felony grand theft pursuant to allegations that the star stole a $2,500 gold necklace from a jewelry store in Venice.

If you or someone you care about has been pulled over recently for Los Angeles DUI, Pasadena DUI, Glendale DUI, or Burbank DUI, chances are that you can at least be grateful that your case won’t (likely) be scrutinized by every major media outlet and thousands of blogosphere commentators, like Lohan’s has.

Here are key details on the breaking Lohan DUI news:

* If convicted, Lohan could face three full years in a California state prison
* The judge set bail at $40,000 and continued the hearing to February 23
* Judge Keith Schwartz said of the starlet: “You need to follow the laws just like everybody else. Look around this room. Everybody needs to follow the law… you’re no different from anyone else, so please don’t push your luck.”

* Lohan’s response? “Yes, sir.”

* Lohan was also told to stay away from the jewelry store. Allegedly, she (or her deputized agents) sent the store a bouquet of flowers when the story started becoming big news.

Lohan has been tied to theft investigations in the past. These include:

1) An insinuation that she took $400,000 worth of jewels from an Elle Magazine photo shoot.

2) A 2008 allegation from a college student that Lohan stole a mink coat worth $12,000.

3) An April 2000 allegation that Lohan stole a Rolex watch worth $45,000.

Beverly Hills DUI penalties can be life-changing, even if you don’t commit multiple probation violations, like Lohan has done. A first-time misdemeanor offender can face penalties such as a $1000 fine, 48 hours mandatory jail sentence, six weeks of alcohol school (max: nine months), a suspended drivers license (no restricted license allowed for school or work), and incalculable damage to your reputation and potential job prospects.

So what should you do, if you find yourself in a bind similar to the one Lohan has found herself in?

Talk to a qualified Los Angeles criminal defense attorney at once.

In Beverly Hills, you can get in touch with the Kraut Criminal & DUI Lawyers at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. Attorney Michael Kraut is a former senior deputy district attorney for the city. He served for nearly a decade and a half in this capacity. He understands how the system works and has the connections within the Los Angeles DUI community to strategize and execute your best defense.