Celebrity DUI Arrests

February 7, 2011

Beverly Hills DUI Update: Actress Jaime Pressly’s Woes Mount as Prosecutors Hit Her with Charges

Last Tuesday, prosecutors in Santa Monica formally charged actress Jaime Pressly (“My Name is Earl”) with driving under the influence in Southern California. As this blog reported several weeks ago, the 33-year old actress got arrested on January 5th on suspicion of DUI and allegedly tested to have a BAC of at least 0.20% – 2.5 times the legal limit for Los Angeles DUI, as defined by California Vehicle Code Section 23152 (b).

If you or a loved one faces similar charges of driving under the influence in Burbank, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you likely won’t be surprised to learn that, in the wake of Pressly’s arrest, she suffered a string of misfortunes.

Notably, on January 21st, she filed for divorce from her husband, Simran Singh. And last week, she backed out of two performances in Las Vegas — one at The Palms Las Vegas and another at Rain and Moon night club — according to E! News sources. Concurrently, Pressly is trying to care for her 3-year old child, Dezi, whom she had with Eric Cubiche, her ex-fiancee.

As if Ms. Pressly doesn’t have enough drama in her life, she also faces potentially stiff penalties for her Beverly Hills DUI conviction. Even first time offenders can face fearsome penalties imposed by the court. These can include seriously restrictive probation terms, a full year CA driver’s license suspension, a fine of $1,000 (maximum) on top of court costs, and 48-hours in jail. Second, third, and fourth time Los Angeles DUI offenders (within a 10-year period) will face ever stiffer penalties, including ratcheted up jail time, probation terms, alcohol school time, license suspension, court costs, and other fines.

Your Beverly Hills DUI penalties can also be ratcheted up if you engage in additional crimes on top of driving DUI. For instance, if you injured someone while driving DUI, prosecutors can automatically ask that a misdemeanor charge be elevated to a felony. Likewise, if you committed a “hit and run,” you can face criminal charges on top of the DUI that could make your case more complicated.

The answer to your legal woes might be to connect immediately with a Los Angeles criminal defense attorney, such as Mr. Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers.

Mr. Kraut can be reached at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935.

In addition to serving for 14-years as a Deputy District Attorney for the City of Los Angeles, Mr. Kraut has also been invited as a guest commentator on Los Angeles DUI news by the New York Times, The Los Angeles Times, CNN, KTLA Los Angeles, and other major media outlets.

Mr. Kraut attended Harvard Law School, and he has exceptional relationships with many key people in the Los Angeles DUI community.

February 4, 2011

Huntington Beach DUI News Bombshell: Popular Bar Sharkeez Linked to Six Dozen DUI Arrests in Just 22 Months

by Michael Kraut

The Huntington Beach Police Department is on the case of Sharkeez, a downtown bar linked to over 72 arrests for driving under the influence in Southern California over the past year and a half. On November 11, 2010, Huntington Beach Police Chief Ken Small sparked an investigation into the popular watering hole’s safety practices. This week, the story went viral, attracting the attention of the national media.

If you recently got arrested for Burbank DUI, Pasadena DUI, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, police and prosecutors might target the person or proprietor who provided the alcohol that you drank prior to your getting in your vehicle.

Baja Sharkeez’s owner, Ron Newman, has taken up a defiant stance. In response to Chief Small’s written statement, “I believe the ownership… represents at best an indifferent attitude toward public safety,” Newman retorted, “What happens on the highway, we cannot control… we don’t serve anybody who’s overly intoxicated. I can’t tell if you’ve had two or three drinks. If you’re not obviously intoxicated, we can’t tell. If someone is obviously intoxicated, we cut them off.”

Sharkeez is not the only downtown Huntington Beach establishment with a less than stellar track record of serving drivers who go on to get tagged for Los Angeles DUI. Hurricane’s Bar and Grill has been linked with 52 DUIs over the same 22 month period. And Kilarney’s Pub and Grill has been linked with 33 DUIs over that time frame.

The showdown between Chief Small and Newman has taken on a life of its own and generated media headlines and, of course, frothing chatter from the blogosphere. The debate raises interesting practical and philosophical issues about how to control and restrict driving under the influence in Los Angeles.

California Vehicle Code Sections 23152 (a) and (b) define what precisely constitutes a Huntington Beach DUI and how such a crime should be punished. 23152(s) says that, if the California Highway Patrol stops you while you’re operating a car, truck, or other vehicle while under the influence of alcohol or drugs, you can be charged with a serious crime. Even if convicted of just a misdemeanor, you could wind up serving jail time, losing your California license, getting points on your record at the DMV, and paying major court costs and fines. This doesn’t even begin to touch on the indirect consequences, which can include hiked up insurance rates and loss of professional stature.

23152(b) defines Long Beach DUI slightly differently — as having a blood alcohol concentration of greater than 0.08%, as measured by a Breathalyzer, urine, or blood test.

A Los Angeles criminal defense attorney can give you the experience and thorough legal help you need to combat the charges. Look to former LA prosecutor (14+ years as a Senior Deputy D.A.) and Harvard educated attorney, Michael Kraut of the Kraut Criminal & DUI Lawyers to plan your strategy. Mr. Kraut provides excellent, reliable services, and he can help you feel more in control of your life and legal situation.

February 2, 2011

Glendale DUI Smorgasbord: A Bevy of Athletes Arrested for DUI

by Michael Kraut

Sports celebrities arrested for driving under the influence in Glendale often don’t get as much press as DUI actor celebrities, like Nick Nolte, Lindsay Lohan, Mel Gibson, and the like. But you might be surprised by the sheer number of sports stars recently been pulled over for DUI in Los Angeles and elsewhere. This post will take a look at four different athlete DUI arrests… that happened just last week!

If somebody you care about was recently charged with Los Angeles DUI, Burbank DUI, Glendale DUI, or Pasadena DUI, this post may help you in an additional way by giving you a resource to defend against charges.

First, let’s set our sites on Oklahoma, where wide receiver Kenny Stills and safety Tony Jefferson (both football players for Oklahoma) got arrested last Saturday morning within 20 minutes of each other. The WR Stills set several records as a freshman last year – including 61 passes caught, five touchdowns, and 687 yards. Jefferson was less decorated but certainly a good player last year – he got two interceptions, two sacks and 65 tackles.

Meanwhile, elsewhere in OK — in Tulsa County, more precisely — the boys basketball coach for Booker T. Washington, Shea Seals, got arrested last Sunday for driving under the influence. His team, the Hornets, are 11-0. Seals himself was named State Coach of the Year in 2010. Coach Seals has been suspended from both coaching and teaching pursuant to his DUI arrest.

Lastly, in Florida, Ozzie Canseco was arrested on the 15th of January for DUI in Florida. Like his twin brother Jose, Ozzie was a Havana-born baseball phenom. He appeared in the Surreal Life as “his brother’s double” and has also been arrested prior on charges of driving on a suspended license, steroid possession, and aggravated battery.

So with all these arrests, you might have questions about how police look for symptoms of Glendale DUI and DUI elsewhere – among sports star suspects and others.

Essentially, during and after a stop, an officer will search for symptoms such as: smell of alcohol around you, incoherent or slurred speech, falling over, fumbling with your wallet, bad driving or motor skills, disheveled appearance, slow or incoherent responses to questions from the officer, and eyes that are bloodshot or watery.

On the surface, identifying DUI suspects based on the aforementioned list of symptoms makes total sense. The problem is that these “symptoms” may mislead. For instance, say you are an overweight and unkempt person. You may appear to the police officer to look disheveled and uncoordinated, even if you are nothing of the kind. Likewise, say you had spent a long night studying at the library. Now your eyes are glazed over and bloodshot from reading books or your laptop. A police officer might not know this and might just think that you’re under the influence.

The problems get highlighted when people are borderline DUI. For instance, maybe you had two or three drinks at a party and then got behind the wheel and then got stopped by a police officer. While in fact you were not DUI, you did consume some alcohol. So if you exhibit any “symptoms,” the officer may just automatically assume that you are DUI.

By the way, conversely, you can be DUI and not exhibit DUI symptoms. For instance, someone who has had a lot of “practice” drinking may be able to maintain his balance relatively well or recite the alphabet backwards or touch his fingers to his nose. But just because he passes a field sobriety test or doesn’t exhibit “symptoms” does not necessarily mean he is not DUI.

All of this is to say that things can get very complicated very quickly. A Los Angeles criminal defense attorney like Mr. Michael Kraut can be a tremendous ally and strategic resource. Mr. Kraut’s Glendale offices are located at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123.

January 26, 2011

Glendale DUI Sports News: Astros’s Big Draft Pick Nailed with DUI in Georgia

by Michael Kraut

A week ago Sunday, Delino DeShields Jr., the Houston Astros’s 2010 first-round draft pick, got arrested for a traffic violation and DUI in Georgia, prompting many sports analysts who cover celebrity news, like incidents of sports stars driving DUI in Southern California, to debate furiously about what the 18-year old’s future might hold.

Whether you were tagged for underage DUI in Glendale, Burbank DUI, DUI in Pasadena, or DUI in Los Angeles; or you were recently arrested on a complicated charge, such as DUI with injury, the tribulations of DeShields Jr., may be quite instructive.

The Astros’ GM, Ed Wade, told MLB.com: “our position is it’s a private, police matter, and we don’t have any comment on it.” DeShields Jr., is the son of Delino DeShields, an ex-major leaguer who now works in the Cincinnati Reds organization.

According to news reports, the outfielder was pulled over for a traffic violation and arrested not only for DUI but also for possession of alcohol by a minor. He made a $2,500 bond, according to Athens-Clarke County police records. (For comparison: consider that the Astros signed DeShields Jr. to a bonus of $2.15 million last year.)

When a famous ballplayer — or anyone else, for that matter — gets pulled over for driving under the influence in Glendale, they can face a smorgasbord of DUI penalties, depending on how over the limit they were, whether they hurt someone or not, and other factors. Typically, a first time misdemeanor DUI offender will get penalties along the lines of 48 hours mandatory jail time, tough probation terms, mandatory DUI alcohol school and license suspension, and serious court costs and fines. In Los Angeles, the court may also order you to get an interlock device for your automobile. This is a contraption that will prevent you from running your car if you have alcohol on your breath (essentially, you have to blow into a tube to get a “sober” reading before you can drive the vehicle.)

Designing an effective defense to a charge of Glendale DUI is no small task. Criminal defendants are often confused, frustrated, and undereducated about their rights; this combination of factors leads to poor decisions that only compound problems. If you or someone you care about faces such charges, start making better decisions right now. Get in touch with the Kraut Criminal & DUI Lawyers at: 121 W Lexington Dr, Glendale, CA 91203 phone 818-507-9123.

Attorney Kraut has been featured by trusted media organizations like CNN and New York Times as an expert in Los Angeles DUI law.

Connect with attorney Kraut today to explore your options to battle back against your charges.

January 17, 2011

Beverly Hills DUI Insanity: Actor Gary Busey’s Bogus DUI Arrest in Malibu Sends Bloggers into a Froth.

by Michael Kraut

Last Thursday, actor Gary Busey got pulled over on the Pacific Coast Highway under suspicion of a Los Angeles DUI, after two “reporters” told police that Busey had been driving his Mercedes erratically on the PCH. When Busey got stopped, the couple, Mark Abel and Patrice Karst, began snapping up photos – perhaps to try to sell to the tabloids for a pretty penny.

As anyone who has been pulled over for Burbank DUI, Glendale DUI, Los Angeles DUI, or Pasadena DUI can tell you, getting stopped by a police officer is both a harrowing and embarrassing ordeal. Although Mr. Busey himself was found to be “perfectly sober,” according to reports, both Karst and Abel got arrested at the scene for interfering with a DUI investigation. Furthermore, Karst got charged with illegal possession of marijuana.

Obstructing a police officer investigation is a criminal offence. It remains to be seen whether these two wannabe paparazzi will be prosecuted harshly. Gary Busey, meanwhile, must surely be traumatized by the incident. Several years ago, Busey was involved in a near fatal motorcycle accident. He has since devoted much time to speaking to motor safety groups.

Let’s take a deeper look at how a typical Beverly Hills DUI investigation actually works.

#1. Officer sees a sign that you might be intoxicated and pulls you over.

Perhaps you drove erratically, swerved out of a lane, or operated a vehicle with a broken taillight.

#2. Field sobriety tests administered.

The officer will administer field sobriety tests – FSTs – to determine whether you are under the influence or not. The FSTs include balancing tests, mental tests, tests of physical co-ordination, and a general “sizing up” of your demeanor, behavior and attitude.

#3. Chemical test given.

Depending on circumstances – for instance, if the officer smells alcohol on your breath or if you fail an FST – you may be asked to take a PAS (“Preliminary Alcohol Screening”) test, which will give a guesstimate as to your BAC level (Blood Alcohol Concentration).

#4. Arrest.

Depending on how you do on your tests, the officer may determine that you are in fact under the influence of alcohol or other intoxicants and place you under arrest.

A smart, experienced, and educated Los Angeles criminal defense attorney can provide much needed guidance if/when you or a loved one gets charged with a Beverly Hills DUI. LA criminal law is exceptionally complicated, and the penalties for conviction can include not just jail time but also license suspension, strict probation, steep fines, and many other unfortunate short and long-term consequences.

To protect yourself, connect with Attorney Michael Kraut immediately at the Kraut Criminal & DUI Lawyers. His local Beverly Hills offices are located at: 9107 Wilshire Boulevard, Suite 450, Beverly Hills, California 90210. Phone Number 310-550-6935.

Get solid help from a former Deputy District Attorney (city prosecutor) to forge your best defense today.

January 12, 2011

Long Beach DUI Defendants Pay Attention! Seattle Politico’s Reduced Sentence May Be Instructive

by Michael Kraut

When police arrest a driver for driving under the influence in Southern California, most people just assume that the driver must have failed a breathalyzer test or otherwise demonstrated a total lack of sobriety. But a hefty percentage of DUI cases involve surprisingly murky and grey situations. To wit, consider the case of Democratic representative Sharon Tomiko Santos, a Washington state senator arrested on I-5 in Seattle on July 2010 for DUI. Last week, she pled guilty to negligent driving charges coming off that arrest.

If you or a relative or a close friend faces scary charges of DUI in Glendale, DUI in Los Angeles, DUI in Burbank or Pasadena DUI, the trials and tribulations of representative Santos may be quite instructive to examine.

Let’s first look at the facts. According to both the Seattle Times and the Associated Press, Santos drifted out of her lane on I-5 in Seattle. An officer pulled her over. She admitted to having had three drinks. She did not do well on field sobriety tests. After having trouble with her FSTs, Santos took a breathalyzer test and blew a 0.77% — a little bit under the Southern California DUI limit (and Seattle limit) of 0.08%.

The officer who arrested Santos said that she had not blown hard enough into the machine. Santos’ attorney, William Kirk, retorted that “even though Ms. Santos blew under the legal limit, she was still arrested.”

As part of her plea deal, Santos must serve 20 hours of community service and pay approximately $15,000 in court fees and fines.

It’s very common for police officers to use breathalyzer tests on Long Beach DUI suspects. The breathalyzer is a simple machine with a better reputation in the general public than it has in the legal and judicial community. In fact, the sheer flimsyness of breathalyzer results may surprise you.

For instance, let’s say you blew a positive for DUI result. Your Los Angeles criminal defense attorney may be able to get the test results thrown out and the charges dropped or at least reduced significantly.

Curiously, neither the Seattle Times nor the AP article asked this key question: “what would have happened had Santos blown too hard into the machine?” Both studies and anecdotal evidence suggest that blowing too hard in a breathalyzer can yield a “false positive.” In other words, if you blow softly, you will get a wrong result one way; if you blow too hard, you will get a wrong result in the other way.

This is but one of the many serious flaws with breath testing. Good testing requires extremely delicate calibration. It demands near perfection from both the administrator and the administratee, which in practical terms almost never occurs.

Also note that breathalyzer tests don’t discriminate between men and women; don’t discriminate between diabetics and non-diabetics (diabetics produce chemicals on their breath that can change their BAC readings); and don’t discriminate between ethanol (the active compound in alcoholic drinks) and many other organic chemical compounds.

The long and short of it is that, if you have been charged with the serious crime of Los Angeles DUI, you need an attorney who understands the law and understands how to negotiate and deal with prosecutors. The Kraut Criminal & DUI Lawyers, located at 444 West Ocean, Suite 800 Long Beach, California 90802 (phone 562-531-7454) can provide crucial and timely assistance with your defense. Attorney Michael Kraut is a former Los Angeles Deputy District Attorney (high level prosecutor), and he uses his more than 14 years of experience as a former prosecutor – as well as the connections he formed — to provide his clients with truly top caliber help.

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).

January 7, 2011

Burbank DUI Analysts and Sports Fans Alike Flummoxed by Former Bucs QB’s Tampa Arrest

by Michael Kraut

Outlets that cover stories of sports stars busted for driving under the influence in Burbank (and elsewhere) have been spilling a lot of ink over the Sunday morning arrest of Shaun King, a former quarterback for the Tampa Bay Buccaneers. The 33 year-old got pulled over on US 301; after King refused to take a blood alcohol test, he was arrested and held until the morning, when he made a bail of $500.

Those of you who’ve recently been arrested for Burbank DUI, driving under the influence in Pasadena, Glendale DUI, or Los Angeles DUI may have a visceral sense for the emotional challenges that the QB went through as he spent the night at jail. King played for both the Bucs and the Arizona Cardinals over 7 seasons and currently serves as an analyst for Bright House Sports Network and co-hosts a local Tampa Radio sports show. He actually appeared on his radio show the day after his DUI bust and issued thanks to supporters. He didn’t comment explicitly on his case and referred to it only as “a very unfortunate circumstance over the weekend.”

Shaun King’s reticence to discuss his charges publicly may seem “haughty” to fans who like to see celebrities air their dirty laundry as a kind of penance. But the practice of not saying too much during and after a DUI arrest is a savvy one. Providing too much unnecessary disclosure can actually hamper your ability to construct a top level defense.

Analysts should also note that King refused his blood alcohol test. In some senses, this is unsurprising. Burbank DUI breathalyzer tests are notoriously unreliable. The breathalyzer machine ostensibly uses sophisticated chemical methods to determine your blood alcohol concentration (BAC) level and thus give police officers information about whether you’re DUI or not. A BAC reading of 0.08% or greater is enough to get you tagged with DUI, although you can still be arrested in certain circumstances even if your BAC is below this cut off.

Why is the breathalyzer a less than an ideal method of “sussing out” BAC levels? Here are seven quick reasons:

1. Breathalyzer tests do not discriminate between men and women.
2. Diabetics can blow “false positives” on breathalyzers because chemicals in their breath interfere with the sensors.
3. Calibration errors can lead to false positives.
4. If you blow extra deep into the machine (like the officer might ask you to), you can actually register a higher BAC than you really have.
5. Improper care of breathalyzer can cause it to malfunction.
6. Poor administration of the machine can also lead to false readings.
7. Other chemicals aside from alcohol can influence the breathalyzer.

To construct an appropriate Burbank DUI defense, connect immediately with an experienced Los Angeles criminal defense attorney. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers can provide immediate assistance for Burbank DUI defendants at 818-563-9810. His offices are conveniently located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505. Mr. Kraut is a former prosecutor who boasts a Harvard Law School education and a nearly perfect record at jury trials.

January 3, 2011

Beverly Hills DUI Breaking News: Nicole Richie’s Probation Cut Short by a Month

by Michael Kraut

Many stories involving Beverly Hills DUI deal with tragedy and heavy circumstances. But a recent tabloidesque story out of The Hills has riveted the nation’s attention for its sheer frivolity. Reality TV star Nicole Richie has received a reprieve: her probation for 2006 arrest has been cut short by a month, after her attorney demonstrated that she had attended her alcohol ed classes and met all the conditions of her sentence.

If, like Ms. Richie, you’ve recently been tagged with a charge of Glendale DUI, DUI in Pasadena, DUI in Burbank or DUI in Los Angeles, you may find it interesting that 29-year-old managed to speed up her sentence, even though she got in trouble in June 2010 for missing her court ordered classes. Like her fellow trouble-making celebutantes, Paris Hilton and Britney Spears, Richie garnered much public opprobrium for her misbehavior. Her 2006 DUI arrest was particularly scary. She drove the wrong way down a freeway in LA while under the influence – a terrifically dangerous act that easily could have killed someone. Now that she has two kids, Richie appears to be deeply contrite about her past actions. She said: “there is absolutely no way I will do anything like that again… I am in a completely different place now I have… I have to really be someone I want my child to look up to.”

So what are some typical penalties for Beverly Hills DUI?

It’s hard to say specifically what prosecutors will throw at you unless more details are known.

• If you are a multiple offender – that is, if you get convicted for DUI more than once within 10 years, your penalties will go up quite significantly.
• If you hurt someone while DUI in Beverly Hills, what ordinarily might be a simple misdemeanor offense will be charged as a felony.
• The court will look at things like the severity of your DUI, whether you cooperated with police or not, whether you demonstrate contrition or not, and whether extenuating circumstances existed.
• Even for a first time DUI misdemeanor, you can get a minimum of 48 hours in jail, a one-year license suspension, a mandatory installation of an IID device in your vehicle and other punishments.
• At the more elevated end of the punishment spectrum, if you get convicted of DUI murder in Southern California, you could face 15 years to life behind bars.

To navigate your defense, turn to an expert and experienced Los Angeles criminal defense attorney. Local Beverly Hills lawyer Michael Kraut (9107 Wilshire Boulevard Suite 450, Beverly Hills, California 90210. Phone: 310-550-6935) can provide timely, superior service. As a former Deputy DA for the City of Los Angeles, Mr. Kraut understands Southern California DUI law from both a theoretical and experiential point of view. He has demonstrated tremendous success at trial and uses his many key relationships to deliver best result for his clients.

December 27, 2010

Burbank DUI Breaking News: Driver who Killed Angels Pitchers Gets 51 Years to Life in Prison

by Michael Kraut

The most vivid examples of driving under the influence in Burbank often, unfortunately, fall under the media radar. But the April 9, 2009 Los Angeles DUI accident that killed Angels pitcher Nick Adenhart has demonstrated media staying power, due to its deep emotional impact. Last week, Andrew Gallo, the 24-year-old who T-boned Adenhart and killed him and two passengers (Henry Pearson and Courtney Stewart), got sentenced to 51 years in jail to life.

If you’ve been arrested for the crime of Burbank DUI, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you’ve likely spend some time researching your options and mentally exploring “worst case scenarios” for your defense.

Andrew Gallo’s punishment – 51 years to life in prison – represents, in essence, a worst case scenario.

As this blog reported several months ago, when Gallo hit the Angels’ rookie pitcher, he:

• Had been on parole for a felony DUI conviction
• Had been speeding at 65 mph
• Had driven through a red light
• Had a BAC level that tested at almost three times the Southern California legal limit of 0.08%
Due in large part to his previous felony DUI, prosecutors managed to tag Gallo with DUI murder – also known as a Watson murder – the harshest possible DUI offense. Each of the three murder counts carried a punishment of 15 years to life, and Gallo got another six years of jail on top for his other drive crimes.

The California Supreme Court only recently allowed prosecutors to charge egregious Burbank DUI death cases as Watson murders. To win, prosecutors need to show that the defendant acted with “implied malice” – that is, he or she killed another person while DUI AND knew the risks but chose to ignore them.

Depending on the skill of your attorney, the evidence prosecutors have against you, and any exculpatory evidence or arguments you can muster, you may be able to fight back against a serious charge like vehicular homicide or DUI manslaughter.

One very critical distinction is the distinction between an injury DUI, which can be a felony, and a non-injury DUI, a misdemeanor. California Vehicle Code Sections 23153 (a) and 23153 (b) define injury DUI; whereas California Vehicle Code Sections 23152 (a) and 23152 (b) define non-injury DUI with alcohol.

To develop a well-articulated, strategically focused response to your charges, connect with a qualified Burbank criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers.

Why choose Attorney Kraut? First of all, he is a former prosecutor, so he understands how the people who will be charging you think. Second, he is Harvard Law School educated. Third, he has a terrific record at jury trials. Fourth, he provides compassionate, systematic service to help reduce your stress and increase your odds of getting better results.