Celebrity DUI Arrests

February 26, 2014

Justin Bieber Turns Up His Nose at Plea Deal in DUI Case

Let’s say you’re pulled over for a Los Angeles DUI, after drag-racing on Olympic (between Bundy and Lincoln) in a rented Lamborghini — all while allegedly under the influence of marijuana, prescription medications, and alcohol. What if the police offered you a plea deal? You can clear your DUI, if you submit to drug testing, serve some community service, and complete an alcohol education course. Would you take the deal?

Many people would. Many people, in fact, would consider that deal rather lenient, particularly in light of the fact that the very act of driving under the influence can, under certain circumstances, lead to punishments like months behind bars, a lengthy license suspension, spikes in your insurance rates (which can cost you thousands of dollars over several years), and so forth.

And that’s if you didn’t hurt anybody or aggravate the situation by resisting arrest or refusing a breath or blood test.

Nevertheless, 19 year-old pop icon, Justin Bieber, just rejected a similar plea deal, stemming from his January 23rd arrest for allegedly drag-racing a Lamborghini while DUI in Miami. TMZ reports that Bieber decided that he will “not accept any plea that has probation” because he and his legal team worry that the “Baby” singer’s probation will turn into a spectacle and attract a lot of unwanted media attention and damage his brand.

The Florida State Attorney had been prepared to drop Bieber’s charges of DUI and resisting arrest, had he only agreed to perform 40 hours of community service and undergo testing for substance abuse. (In addition, Bieber would have had to install an interlock ignition device (IID) in his car for just three months.) Per the deal, Bieber would have had to attend a Victim Impact Panel and listen to stories of victims of DUI driving.

The ever cheeky TMZ insinuated that Bieber’s latest song – Broken – contains lyrics that speak tellingly to his situation: “I cannot be broken/they can’t take what’s mine/someone like me is hard to find.”

Further complicating an already messy situation, reports suggest that Miami Police had taken a video of the pop star peeing in his jail cell after his DUI arrest. TMZ reported that a source told the online tabloid “the stumbling and going to the bathroom is obviously reason enough for his attorneys’ request for it to be sealed… if I was trying to paint a picture that my client was innocent… I wouldn’t want a video of him stumbling around and looking out of it to go public either.”

Bonus Information: What If You Refuse Your Chemical Test?

Before a DUI arrest, you cannot refuse a chemical test, if you’re on probation or if you’re under 21 years old.

After you’ve been arrested for DUI, you MUST submit to a blood or breath test, no matter who you are (i.e. even if you’re over 21 and you’re not on probation). If you’ve been arrested under suspicion of drug DUI, you need to submit to a urine test.

For help understanding the dynamic nature of your charges and developing an effective defense, connect with the team here at the Kraut Criminal & DUI Lawyers today for a free, confidential consultation with Attorney Michael Kraut, a former deputy district attorney and Los Angeles DUI prosecutor.
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February 20, 2014

Actor David Cassidy, of “Partridge Family” Fame, Charged with Los Angeles DUI

by Michael Kraut

Early this month, actor David Cassidy faced his Los Angeles DUI charges in court.

Police arrested the Florida resident at LAX in January. It was Cassidy’s third DUI arrest and his second in less than six months. Cassidy allegedly blew a 0.16% BAC on his breath test – twice the California limit.

Back in August 2013, police in New York arrested the actor and hit him with a felony DUI charge. Tragically, Cassidy had just finished a stint at rehab. His manager said the actor had felt overwhelmed after being deposed.

But Cassidy’s DUI trouble started way before that. In February 2011, he pled guilty to a misdemeanor DUI in Florida. He got off with a year’s probation and a relatively short (six month) license suspension. Police had stopped him on a Florida parkway, and he blew a 0.14% on a breath test. Police also said he had had a bottle of Bourbon open in his vehicle.

After this latest arrest, Cassidy released a statement from rehab: “this has been a very difficult time for me battling this deadly disease, like millions of others in our country. I will remain in treatment for as long as necessary, and I am getting the best care I can possibly get anywhere. I am working as hard as any human being to live a sober life.”

What happens when someone’s convicted a second time for DUI in Southern California?

If you’re convicted of DUI in CA twice within a 10 year period, you face mandatory jail time — up to six months! You will also need to spend a year and a half in alcohol school (up to 30 months, in some cases). The court can suspend your California driver’s license for two years and impose what’s known as “formal probation.” This means you’ll need to check in with a probation officer on a regular basis. Alternatively, you may face “informal probation.” This means you won’t have a probation officer, but you will need to hew to certain standards. You may also need to install (and pay for) an Interlock Ignition Device on your car and face massive fines, fees, and court costs – on top of a likely spike in your insurance rates.

To make sense out of your Los Angeles DUI charges, connect with the team here at the Kraut Criminal & DUI Lawyers today for sensible, sensitive insight and a free consultation.
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January 24, 2014

Justin Bieber Walloped with DUI Charge: Pop Singer Arrested in $250,000 Lamborghini

by Michael Kraut

If you recently got arrested for Los Angeles DUI, at least be grateful that your arrest is not international front page news.

The same CAN’T be said for 19-year-old pop star, Justin Bieber, who was arrested Thursday morning in a rented Gallardo LP 550-2 Spyder Lamborghini in Miami Beach and charged with DUI, drag racing, and resisting arrest.

Apparently “the Biebs” left a club and hopped into his yellow Lamborghini to drag race 19 year-old rapper, Khalil Sharieff. (Incidentally, Sharieff was also arrested at the scene and hit with charges of drag racing and driving DUI.)

The teen crooner is no stranger to controversy. Beiber potentially faces felony vandalism charges for throwing eggs at his neighbor’s house in Southern California and causing upwards of $20,000 worth of damage to the property. That’s right — $20,000 worth of damage with eggs alone. How is that even possible? Was he chucking them right at chandeliers?

Beiber allegedly did not exactly react to the DUI stop with grace and poise. Reports say he berated the officer who stopped him at around 4 in the morning with a less than courteous: “What the f**k did I do? Why did you stop me?” and uttered a string of other profanities before he finally submitted to the arrest.

The pop star allegedly admitted to having smoked marijuana, taken prescription medications, and consumed alcohol.

Raymond Martinez, the Miami Beach Police Chief, told reporters that Bieber had been belligerent (at first), “using some choice words questioning why he was being stopped, why the officer was even questioning him.”

Two SUVs blocked traffic on Pine Tree Drive and 26th Street, creating an ad hoc strip for Bieber and Sharieff to drag race their Lamborghini and Ferrari.

Deputies in Los Angeles County have investigated reports of Bieber drag racing right here in Southern California in the normally sleepy town of Calabasas, and one neighbor said that Bieber one time spat in his face. However, police lacked evidence of the speeding and the spitting, so the L.A. County District Attorney decided not to prosecute.

If you drive after smoking marijuana – like Bieber allegedly did – you could be hit with a drug DUI charge per California Vehicle Code Section 23152 (a). Per this vehicle code, even if you have a doctor’s order to take a medication, you can still be hit with a Los Angeles DUI charge. Police do not use breath tests in drug DUIs, but they can test you with urine or blood tests, and this chemical analysis can convince a jury that you were driving under the influence of narcotics or medications.

The good news – at least from a defendant’s standpoint – is that prosecutors have a much harder time convicting in drug DUI cases, in general, and police officers often don’t know what to look for when investigating drug DUIs.

Connect with experienced ex-prosecutor, Michael Kraut, today to develop your Los Angeles DUI defense.

January 20, 2014

Los Angeles DUI Demolition: MMA Fighter, Tito Ortiz, Whacked with DUI After Smashing Up his Porsche

by Michael Kraut

Unless you’ve been hiding under a rock, you’ve probably heard something about the big Los Angeles DUI news story of the week: MMA Champion, Tito Ortiz, smashed up his 2012 Porsche Panamera on the 405 at around 4:00 a.m. earlier this week.

The California Highway Patrol reports that the crash happened near Santa Monica Boulevard and Sepulveda – a notoriously confusing stretch of the 405.

According to some reports, that section of the 405 – near the freeway’s intersection with the 10 – is one of the most congested intersections on the entire continent… during the day, that is! During evenings and nights, the 405 can transform into almost dystopian landscape with seemingly endless stretches of barren freeways punctuated by drivers zipping along at breakneck speeds.

In any event… the 38-year-old Ortiz had been heading north, when he lost control over the Porsche and smashed into the center median strip. Two people in the car with him luckily survived without serious injury. Ortiz blew a 0.12% on a subsequence breathalyzer test. (As regular readers of this blog know, 0.12% is 1.5 times the legal limit for DUI in Los Angeles, West LA, or elsewhere in Southern California.)

Police booked Ortiz at 6:00 AM at a local station; he easily met his bond of $15,000. Reports say that Ortiz and his friends had been partying at the Playboy Mansion — a pre-party for the BCS National Championship. Ortizs holds the title of UFC light heavyweight champion.

He will face his misdemeanor DUI charge in court on January 27th.

Putting Ortiz’s Arrest in Context to Help You Make Sense of Your Los Angeles DUI Charge

One of the weirdest elements of the Los Angeles freeway and surface street system is the disconnect between what our roads are like during the day and what our roads are like during the evenings. Of course, there’s always a chance you’ll hit a sig alert on the 134 or the 101 at 4 a.m. But for the most part, the freeways clear off at night. During the day, however, they clog like arteries. As a result, traffic congeals, then freezes, then flows, much like how Antarctic ice floes operate. This peculiar process may be important to your defense, because different types of freeway conditions promote different types of driving behavior. (For instance, Ortiz would have had a difficult time careening wildly into the median on the 405 at 4:00 p.m. on a Monday because of the traffic congestion.)

To make sure that you understand exactly what happened, why, and what kind of Los Angeles DUI defense you may be able to construct, connect with an experienced attorney here at the Kraut Criminal & DUI Lawyers today for insightful, lucid, and strategic insight.

January 17, 2014

Los Angeles DUI Sports News: Erin Henderson (of the Vikings) Arrested Yet Again

by Michael Kraut

Whether you were arrested for DUI in Los Angeles recently – or you’re just a sports fan who’s rabidly obsessed with the NFL – you may have heard that Minnesota Vikings linebacker, Erin Henderson, just got arrested after a nasty DUI crash in Minnesota.

The six season veteran drove his black SUV off the road in Carver County, scraped across a grassy landscape, sailed across a parking lot, and then smashed into a copse of trees. The SUV’s front was “heavily damaged” in the crash.

The Vikings had a less than stellar season, as exemplified by a late season game against the Baltimore Ravens, during which the two teams traded a pair of touchdowns in the final two minutes of the game. (The Ravens won that battle… only to get knocked off by the Bengals in the last week of regular season play).

As for Henderson, he, also, struggled off the field before this latest DUI arrest. On November 19th, police arrested him for possession of controlled substances and probable cause DUI. As for his latest arrest… he now faces second and third degree DWI (the Minnesota equivalent of Los Angeles DUI) as well as charges of breath test refusal, possession of drug paraphernalia, possession of marijuana, and violation of driver’s license suspension.

He posted a $12,000 bail, and he’ll head to court in early March to face the charges.

Despite Henderson’s impressive season – he nailed two interceptions, started 12 games and racked up 5 sacks – insiders suggest that his days with the Vikings are numbered and that he will be released after the Super Bowl’s transaction moratorium ends.

After his November 19th arrest, Henderson expressed remorse: “it is a strange situation, but I really can’t go into too much detail and depth right now as far as legal matters go… will kind of let the things play out the way they will. I am sure you guys will learn more in the future, but at this point right now I am not at liberty to discuss…”

Many people who face charges like DUI don’t understand what they’re really up against and what they can do to minimize punishment. Fortunately, if you or someone you love faces a Los Angeles DUI charge, you can turn to the experienced team here at the Kraut Criminal & DUI Lawyers for a personalized, customized, and strategic defense.

December 2, 2013

Pasadena DUI Sports News: Evan Rodriguez (of the Chicago Bears) Nearly Twice the Legal Limit (0.17%)

by Michael Kraut

The story of Chicago Bears’ fullback Evan Rodriguez may be an important cautionary tale for Pasadena DUI defendants.

On May 31, Illinois State Police stopped Rodriguez on the Kennedy Expressway (early in the morning) and tested him to have a BAC of 0.17%. For those of you keeping score, that’s nearly twice the legal limit for Glendale DUI of 0.08%, as set forth in California Penal Code Section 23152. Coach Phil Emery chastised Rodriguez early in the off season, when the fullback got into a scrape with police in Miami Beach. Police cited him for speeding and improper lane usage on I-90. Taken in context with his March arrest for resisting a police officer, the situation doesn’t auger too well for Rodriguez.

If you were arrested for extreme DUI in Pasadena (more than twice the legal BAC limit), you could be subjected to extra penalties, including extra jail time and very restrictive probation terms.

Meanwhile, elsewhere in Cook County, a 53-year-old grandma got convicted of her seventh DUI on May 30th. The woman went drinking before she picked up her one-year-old grandchild from a local daycare. A jury convicted her of a special kind of crime – a Class X felony – and she faces up to 30 years behind bars.

According to news reports, police arrested Jenkins in April 2012, after she picked up her granddaughter at the Community Child Care Center of Palatine Township. Daycare workers were concerned. They thought she had been drinking. They saw her stumbling. After she hit another car while leaving the daycare, workers called the police, who stopped her on Quentin Road and subjected her to a field sobriety test.

Her breathalyzer tests were not sufficient to provide a reading, but witnesses at the daycare believed that she had been under the influence. In his closing statement, a prosecuting attorney told jurors, “the assistant director came out and pled for the defendant not to drive away, that she would call a cab. The defendant told her to go to hell.”

The law treats recidivist Pasadena DUI defenders very seriously. In fact, if you’re pulled over for a “standard DUI” — and you’ve already been convicted twice for DUI in the last 10 years — prosecutors can automatically elevate your charge to a felony.

This means that, instead of facing a few hours or days behind bars, you could face a half a year – or much more, particularly if you hurt someone, pulled a hit and run, resisted arrest, et cetera.

Building a strong defense against Glendale DUI charges is a challenging business, even if you have grounds to challenge the breath test or dispute the police’s version of events.

Fortunately, you don’t have to wage this battle on your own. The team here at the Kraut Criminal & DUI Lawyers is standing by to give you sensible, effective guidance. Connect with a former prosecutor and Harvard Law School educated attorney today for help to get the results you want for your Pasadena DUI case.

November 22, 2013

DUI in Burbank Arrest: A Few Seconds of Bad Judgment, a Lifetime of Regret?

by Michael Kraut

On some level, you recognize that your Burbank DUI arrest could have lingering effects for months or even years.

You can’t help but wonder: “what if?”

• What if you had taken a different route home and avoided the checkpoint on Olive?
• What if you’d had one fewer drink, and you only blew a 0.06% on the breath test… instead of a 0.10% on the breath test, like you did (thus putting you over the legal limit, per California Vehicle Code Section 23152(b))?
• What if you had stayed in that night instead of partying with your friends?

These kinds of scenarios — known as counterfactuals — can drive anyone a bit crazy. If you had done a few small things differently, you wouldn’t have a huge Burbank DUI defense crisis on your hands.

To protect your sanity — and to ensure that you stay focused on what needs to be done — put the counterfactuals aside. What happened, happened. You got a Burbank DUI. That’s reality.

If this was your first arrest — and you didn’t hurt anybody — prosecutors might only try to tag you with a misdemeanor. If convicted, you can still face punishments like jail time, probation, and California license suspension. If you committed a more serious crime — like hit-and-run or an injury DUI — prosecutors can ask the court for harsher penalties, such as longer jail time and long-term restrictions on your driver’s license and other rights.

Regret is a natural emotion. But it’s only useful if it helps to direct your activities and your thoughts. Rather than focus on what you should have done, focus on what you’d like to happen now.

Imagine if everything “went your way.” What would that future look like? Would it mean that all your charges would be dismissed? Would it mean that you’d get away with a relatively minor punishment? If you caused an injury DUI in Burbank, would it mean that the person you hit fully recovered and forgave you?

Try to get as clear as possible about what you’d love to happen. Then direct your energies to that end. There is a strategic reason for doing this exercise. When you have a crystal picture of what you want to accomplish, you will find it easier to get motivated and to take the actions you need to take to make that inviting vision a reality.

Let the Kraut Criminal & DUI Lawyers help you on this journey by providing a free, private consultation. We can help you understand your charges and construct and deliver a sound Burbank DUI defense.

November 20, 2013

Burbank DUI Sports News: Cautionary Tale of Seahawks Erstwhile Backup QB, Josh Portis

by Michael Kraut

Driving under the influence in Burbank (or anywhere else) can have immediate, awful consequences, even if you ultimately clear your name and your record.

For instance, you could lose your job, get dumped, get kicked out of school, or struggle with business or personal issues because of the DUI.

Case in point, consider the sad situation of the Seattle Seahawks’ (former) quarterback, Josh Portis, who was arrested in early May in Washington State, after police saw him driving 80 miles per hour in a 60 mile per hour zone. The backup QB — who’s known for his deep arm and tireless athleticism — did not exactly pass his field sobriety tests with blazing colors. He also struggled on the breath test. He blew a 0.078% and a 0.092% in two tries. That’s right below and right above the legal limit for Burbank DUI, as defined by California Vehicle Code Section 23152.

As regular readers of our Burbank DUI blog can tell you, the discrepancy between the two readings could actually be pretty important.

Especially when you are dealing with a liminal case (right around the legal limit), small errors can have a big effect. For instance, if Portis blew “harder than normal” into the machine, he might have registered a 0.092% BAC, even if, technically speaking, his BAC was below the 0.08% cutoff point.

Or his results could have been thrown off if he’s on a ketogenic diet, or if he had been swishing mouthwash. Chemicals on the breath can push a liminal BAC reading over the limit.

In any event, even if Portis manages to defend against the DUI misdemeanor charges, he’s out of a job. Portis scrambled to get resigned with the Seahawks in April, after he got released last November from the practice squad. But once news of the DUI hit, the Seahawks released him.

Sports watchers say that the club was at least partially motivated to “teach a lesson” to other players. The Several Seahawks have gotten in trouble recently for violating the NFL’s substance abuse policy. Marshawn Lynch, for instance, also has a DUI case pending.

The Seahawks released Portis before the verdict even came in. That’s telling.

Fortunately, you may still have time to save your job, protect your relationships, avoid a license suspension and minimize/avoid jail time. But the clock is ticking. Your options may be dwindling by the hour.

 The good news is that a Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers is standing by to talk to you about what happened and give you a sound, confidential, free consultation. The Harvard Law School educated Michael Kraut is a widely respected ex-prosecutor who has a deep sense of compassion and an encyclopedic knowledge of the practical aspects of Burbank DUI defense.

November 17, 2013

Burbank DUI Sports News: Saints WR Joe Morgan Busted in Jefferson Parish

by Michael Kraut

Joe Morgan, a wide receiver for the New Orleans Saints, was arrested recently for driving under the influence (not in Burbank) but in way out in Jefferson Parish, Louisiana.

The 25-year-old had been driving without a license on Earhart Expressway. when his vehicle became disabled. A state trooper found Morgan asleep in his car, near Causeway Boulevard. The trooper woke up the football star and asked him to get out of the vehicle. Police said that Morgan appeared intoxicated: he swayed on his feet, smelled of alcohol, and had bloodshot eyes. As regular readers of our Burbank DUI blog know, those are the precise symptoms that indicate that someone’s been driving under the influence in Burbank.

Other common symptoms include:

• Acting in an emotionally volatile manner;
• Telling contradictory stories;
• Failing field sobriety tests, like the stand on one leg test, the horizontal gaze test, the walk the line test, and the count backwards by 3s from a 100 test.

Police also use more “scientific” methods to determine whether you’re drivingDUI in Burbank. But even blood tests and breathalyzer tests are not fool-proof. Errors, mis-calibrations, misinterpretations, and misreporting can throw off results substantially.

Getting back to Morgan’s case…the trooper arrested him after finding that his blood alcohol concentration was 0.218%. That’s 2.5 times the Burbank DUI legal limit (as defined by CVC 23152(b)). Morgan was booked at Gretna Jail and released later after making a $1,150 bond.

When public figures, like professional football players, break Burbank DUI laws, they are often excoriated in the news. That’s understandable. Sports figures and celebrities are role models. When they break the law, it leaves a bad taste in the public’s mouth. Of course, there’s an incredibly diverse spectrum of DUI offenses, ranging from the obviously egregious and terrifying to the “innocent and just barely across the line.”

What to Do about Your DUI Defense in Burbank
First of all, no matter what happened, you’re entitled to a sound and fair defense. The team here at the Kraut Criminal & DUI Lawyers can help you effectively strategize to protect your rights and maximize your chances of a positive outcome. Attorney Kraut is by no means an apologist for DUI drivers. In fact, he worked for 14 years as a prosecutor, during which time he actively and passionately prosecuted crimes like DUI.

In fact, police officers often call on attorney Kraut at the Kraut Criminal & DUI Lawyers for help when their close family and friends need help with issues like Burbank DUI defense. Get in touch with the Kraut Criminal & DUI Lawyers today. We can help you understand your rights and advocate for a successful outcome in your case.

November 13, 2013

DUI Glendale Drama: Carol Doda, Legendary Stripper, Busted in a DUI Crash

by Michael Kraut

Getting into a Glendale DUI accident is awful, whether you are a PA, a big film executive… or even a legendary stripper.

76-year-old Carol Doda – who falls into that third category – got arrested a few weeks ago, when she smashed her Acura into another vehicle on Jackson Street in Northern California, outside of 5A5 Steak Lounge.

Doda was a topless performer in the 1960’s at the Condor Club in North Beach — widely considered to be the “world’s first topless bar.” In one of her most famous acts, engineers lowered Doda topless onto a piano by guy wires, her 44D breasts available for the whole crowd to see. By the end of the 1960s, Doda also performed bottomless.

Her charm and silicon enhanced bustline made her the object of much conversation and heated debate. Today, she owns Champagne & Lace Lingerie Boutique on San Francisco’s Union Street.

Getting back to Doda’s DUI… according to police reports, the Condor Club star smelled like alcohol and confessed to drinking “a couple of drinks” at a local bar before getting behind the wheel. “Smelling like alcohol” is a hallmark symptom of DUI in Glendale (and elsewhere). Other common symptoms include bloodshot/glassy eyes, trouble following directions, sudden mood shifts, inability to understand or answer officer questions, and failure to perform to field sobriety tests, like the “stand on one leg,” “count backwards by 3’s,” and “finger to the nose” tests. Police wanted to give Doda a field sobriety test, but they feared that she might slip and get injured. At Mission Station, officers tried to administer DUI blood and breath tests; Doda could barely understand their questions!

(If you refuse a Glendale DUI breath test or blood test, your license automatically gets suspended.)

While celebrity DUI cases can be titillating – and certainly interesting to read about – they can also inform the way you think about your own Glendale DUI defense.

The truth is no one is above the law. Whether you are a famous stripper, a hugely influential politician, a sport star or a mega A list actress, the laws of human biology – and the laws of Southern California DUI – still apply to you.

The question is: what should you do now?

Whether you stand accused of a serious felony, pursuant to California Vehicle Code Section 23153, or you “just” got busted for weaving in and out of lanes on the 134, look to an experienced Glendale DUI defense lawyer at the Kraut Criminal & DUI Lawyers for smart, capable, and compassionate assistance. Mr. Kraut is a Harvard Law School educated former prosecutor, who won a 99+% success rate at jury trials while working as a prosecutor. He maintains strong relationships with colleagues throughout the Southern California criminal defense system.