Celebrity DUI Arrests

December 4, 2009

Tiger Woods’ big crash — not a celebrity Los Angeles DUI catastrophe — but an embarrassing incident (and media cat-nip) nevertheless

Last Wednesday, golf superstar and billionaire Tiger Woods smashed into a fire hydrant near his Orlando home, causing over $3,000 in damage, according to the AP. Although this was not a Southern California DUI accident, the blogosphere (and even the mainstream media) has jumped all over the story, in part due to salacious details emerging about Woods’ alleged affair with a cocktail waitress named Jamie Grubbs. The Orlando police released a six page accident report which included over 100 photos of Woods’ damaged Cadillac Escalade. According to the AP story, Woods’ vehicle “rubbed up against a line of bushes, crossed over a curb onto a grass median and into a row of hedges before swerving left into a hydrant and crashing into the tree.”

Woods has hunkered down — away from the public spotlight — after issuing a cryptic public apology about his “transgressions.”

Although Woods was not charged with DUI in Southern California — the incident, after all, occurred in Orlando, Florida, and the only charge was “careless driving” (which merited a flimsy fine of $164 and four points on his license) — the consequences for his endorsement career could be significant.

Prior to this incident and these allegations, Woods had maintained a relatively bulletproof public persona — that of a polite and thoroughly wholesome sportsman. Although police made no allegations that Woods had been drinking or otherwise intoxicated at the time of the crash, the golf pro did exhibit signs that could be construed as potentially indicating intoxication, at least according to the metrics used by California Highway Patrol officers. These symptoms of Souther California DUI include:

Disheveled appearance

Bad driving

Obviously impaired motor skills

Slow responses to officer questions

Bloodshot, watery, or unfocused eyes

Disorientation

Many drivers exhibit these DUI-like symptoms independent of their level of alcohol intoxication. For instance, if someone gets physically sick or doesn’t get a lot of sleep, he or she can exhibit many if not all of the above symptoms. And certain medications can even make people smell like alcohol even though they’ve had nary a drop to drink.

All this is to say that defending a Beverly Hills DUI matter can become exceedingly complicated and technical. To that end, if you’ve been arrested for misdemeanor Los Angeles DUI, you may need a veteran attorney to represent you. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers has been working in the Southern California legal system for over a decade — first as a prosecutor (Deputy District Attorney for Los Angeles) and now as a criminal defense lawyer. Since he’s worked on behalf of both sides, he brings a unique perspective to bear on each and every matter. And his deep understanding of how the prosecution operates often comes in handy when he develops strategic approaches for his clients.

December 2, 2009

Pamela Bach, ex-wife of Baywatch superstar David Hasselhoff, tagged for driving under the influence in Los Angeles

by Michael Kraut

The AP has reported that Pamela Bach was arrested on charges of DUI in Southern California on Saturday night on the 101 freeway. The police report said that the former Baywatch beauty and (now ex-wife of David Hasselhoff) blew a BAC level of 0.13% or 0.14% — significantly over the state’s legal limit of 0.08%. She was booked at the Van Nuys jail and released after posting a $15,000 bond. Bach confessed to her misjudgment in a public statement: “I am remorseful and mortified. I am going through a really difficult time between David being in the hospital and going through the divorce.” Pamela%20Bach%20DUI.JPG

According to the AP, Bach had been arrested in 2007 for a hit and run — a charge which was later dropped when she reached a settlement with the woman whom she hit. She was also on probation for a DUI in Southern California she received back in August.

As a savvy Van Nuys DUI attorney would tell you, the legal defense for someone charged multiple times with DUI in California can be exponentially complicated. Multiple violations of California Vehicle Code Section 23152(a) and 23152(b) can result in increased penalties.

First-time DUI offenders face serious-enough penalties, including six weeks minimum alcohol school, suspension of driver’s license for a year, 4 hours in police custody, fines, and other assorted penalties. But the punishments get much worse with multiple convictions. Second time offenders can receive a two-year driver’s license suspension, a minimum of 18 months in alcohol school, and a mandatory four-day jail sentence. A third time offender can get a three-year driver’s license suspension, 18 months minimum in DUI school, and a minimum of 120 days in police custody. A four time DUI offender (within 10 years) can get a minimum of 180 days behind bars (just for a misdemeanor DUI) and may have to pay additional fines and penalties.

If you or a friend or loved one has been arrested for Burbank DUI or DUI anywhere else in Southern California, look to the services of a qualified attorney.

November 27, 2009

Los Angeles DUI Charges against John Kerry’s Daughter Dropped

by Michael Kraut

Last week, Alexandra Kerry, the 36-year old daughter of senator and former presidential candidate John Kerry, got pulled over for driving under the influence in Los Angeles. On Monday, however, the city prosecutor’s office opted to drop the case against the documentary filmmaker, citing the fact that her blood alcohol (BAC) level was 0.06% — 0.02% under California’s legal limit of 0.08%.

People Magazine broke the story of Kerry’s arrest last week; nevertheless, many details have still yet to be made public. A spokesman for the LAPD said that Kerry posted a $5,000 bail and that she was cited for having an expired registration. She was booked at a Hollywood police station, and a court date had been set for December 10. No other drivers were allegedly involved in the incident, and no one was injured.

As a reputable Southern California DUI attorney will tell you, the key law that governs cases like Kerry’s is California Vehicle Code Section 23152 — specifically sections 23152(a) and 23152(b). The first section stipulates that if you operate a car, truck, or other vehicle while under the influence of narcotics or alcohol, you can be booked for a criminal act. The section also lays down punishments for violating this law, which include license suspension, serious fines and court costs, and jail time. Section 23152(b) stipulates that one may not drive a car, truck, or other motor vehicle with a BAC of more than 0.08%. (Since Alexandra Kerry — as we mentioned above — only had a BAC of 0.06%, it therefore would have been very difficult for prosecutors to build a substantial case against her.)

Not all charges of driving under the influence in Southern California are as easily met, however. If you or a loved one faces similar charges — or even charges complicated by injuries, property damage, or other factors — it may behoove you to connect ASAP with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers.

For years, Attorney Kraut worked as Deputy District Attorney for the city of Los Angeles, during which time he prosecuted some very tough DUI cases. He has since switched over to representing criminal defendants, and he uses his knowledge of procedure and law to develop superior strategies for his clients. Attorney Kraut has an impressive pedigree — including a degree from Harvard Law School. And he has proven himself many times over both in settlement hearings and at trials. Given the severity of your charge, it makes sense to work with one of the best attorneys that the city has to offer.

November 4, 2009

Star from The Hills busted in the Valley for DUI in Los Angeles

by Michael Kraut

Hills costar Stephanie Pratt, 23, was arrested Sunday morning for driving under the influence in Los Angeles (specifically Van Nuys) following a night of partying. According to reports from celebrity gossip outlets like TMZ.com and MTV news, Pratt had been partying at the club Empire, celebrating a friend’s birthday with other Hills cast members. (Pratt allegedly twittered to her fans that she was being a “party pooper” for leaving early.)

Pratt also had a run in with the law in May, 2006, in Hawaii, when police arrested her for drug violations and theft.

Van Nuys police released Pratt Sunday morning after she posted a $5000 bail. A court hearing will be scheduled regarding her case.

Had Pratt been advised by a Southern California DUI attorney, she might have opted to take a cab or find a designated driver. After all, the consequences of conviction for even one misdemeanor Southern California DUI can be both long-lasting and severe — even if no one was hurt and no property damaged.

California DUI law is governed by two key sections: California Vehicle Code Sections 23152 (a) and 23152 (b). Typically, a first Southern California DUI will merit a misdemeanor conviction. However, if you collect three or more DUIs within a ten-year stretch, you may be charged with a felony.

According to state law, the court can impose a battery of penalties, including:

* Half a year in jail (maximum); minimum of 48 hours in police custody
* Forced to install and maintain (at your own expense) an interlock device for your car
* Draconian probation terms
* Alcohol school — mandatory DUI school attendance for up to nine months (minimum six weeks)
* Suspension of CA driver’s license — you can lose your license for a full year
* Fines and court costs — the maximum allowable fine is $1000. However, court costs can prove much higher
To explore legal options with a battle proven Southern California DUI defense specialist, connect with Attorney Michael Kraut. After serving as a state prosecutor for many years — during which time, he prosecuted an array of complicated DUI cases successfully — Attorney Kraut opted to take on criminal defense work. His deep understanding of issues of law, his ability to consider legal arguments from both the defendant’s and prosecutor’s perspective, and his impressive pedigree (he’s a graduate of Harvard Law School) make him a formidable force in the courtroom.

October 29, 2009

Mel Gibson Finally Puts His Southern California DUI Behind Him

by Michael Kraut

On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson’s arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that “the Jews are responsible for all the wars in the world.” Mel%20Gibson%20DUI.jpg

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you’re overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to “only having had a few drinks,” for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you’re on probation for driving under the influence of Los Angeles, or if you’ve just been arrested, you must take a test. (And if you’ve been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample — even in spite of the suspect’s unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).

October 27, 2009

Terminator Star Taken to Task for Southern California DUI; Bicyclist Injured

by Michael Kraut

Thomas Dekker — the star of the short-lived TV series: “Terminator: the Sarah Connor Chronicles,” was arrested on Wednesday for driving under the influence in Los Angeles. According to a report from the celebrity blog TMZ.com, the 21-year-old actor slammed into a bicyclist and was booked on charges of felony DUI in Southern California. The accident took place at around 9 PM in the San Fernando Valley. Dekker’s being held on a bail of $100,000.

It’s unclear from reports how serious the bicyclist’s injuries are; nor is it clear whether Dekker himself suffered injuries or whether any property was damaged.

Given the serious consequences associated with a conviction for felony DUI, Dekker will likely require the services of a qualified and experienced Los Angeles DUI attorney.

California Vehicle Code Section 23153 (a) mandates that, in the event that a DUI driver causes injury to another person or persons, his charge may be elevated from a misdemeanor to a felony. California Vehicle Code Section 23153 (b) outlines many of the penalties that can result from a felony DUI conviction. These can include fines and court costs, jail time, forced restitution to victims, and loss of other privileges and licenses.

That being said, a felony injury Los Angeles DUI conviction is by no means guaranteed. The prosecution must meet a heavy burden of proof. First of all, the prosecution must show that the defendant had been driving with a blood alcohol concentration of 0.08% or greater. Second, the prosecution must show that the defendant had committed some act of negligence or traffic violation that caused the accident that resulted in the injury.

To illustrate this point, let’s consider a scenario in which a driver is DUI. But then a bicyclist blows through a stop sign and drives right in front of his car. The cyclist gets hit and injured. In this case, the driver can be convicted of a misdemeanor DUI, since he was under the influence. But he shouldn’t be convicted of a felony injury DUI, since he had been obeying the traffic laws; the bicyclist provoked the accident by driving negligently.

As you can see, DUI legal issues can come become incredibly complicated. To make sense of your rights and obligations, you need to analyze and investigate. That’s why many defendants trust attorney Michael Kraut to provide savvy guidance. Prior to representing criminal defendants, Attorney Kraut spent years prosecuting Los Angeles DUI cases — essentially working for the “other side” — and he leverages his intimate knowledge of the prosecutorial system to deliver superior results time and again.

October 21, 2009

Montana Senator Hit with Felony Charges For Boating Under the Influence — Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters

by Michael Kraut

It’s a case that rivals a celebrity Los Angeles DUI escapade — and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour.

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That’s twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison — for each of the three charges — and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. (According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator’s blood sample was first sent to be analyzed.)

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it’s almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.