Driving Under the Influence of Alcohol

May 3, 2013

Long Beach DUI Sports News: Trumaine Johnson of St. Louis Rams Busted for Misdemeanor DUI in Missoula

Although this blog focuses on Long Beach DUI cases, we’ve been covering a surprisingly sizable number of cases out of the Big Sky State of Montana recently.

To wit, The Associated Press is reporting that Trumaine Johnson, a cornerback with the St. Louis Rams, got arrested for a misdemeanor DUI, after police saw him driving without his headlights.

Like many Long Beach DUI defendants do, he refused a breath test. Police booked him into jail. He later secured his released on a $700 bond. The former University of Montana star had a great first year with the Rams, racking up 31 tackles and 2 interceptions as a first year player. Not bad.

Obviously, without knowing any more details, we can only speculate on what happened — why he got the DUI. Perhaps, for instance, he would have passed the breath test had he chosen to take it. As we’ve reported in multiple posts, DUI breath tests are surprisingly unreliable – in both directions. For instance, if you exhale very lightly into a machine — or if the machine isn’t calibrated — you can blow a negative, when really you’re technically positive for Long Beach DUI. On the other hand, if you blow a very deep breath — or if you’re on an intense ketogenic diet, or if you have diabetes — you can easily blow a false positive.

It’s easy to get lost in technical details.

To that end, consider investigating your Long Beach DUI charges with the help of a qualified, respected attorney. You might also aim to focus on the deeper reasons for your Long Beach DUI stop. Perhaps the police treated you unfairly. Perhaps you weren’t even under the influence – or just barely under the influence.

In an ideal world, you want not only to beat the charges but also to prevent similarly embarrassing/danger situations from happening again.

To protect yourself (and others), you need to be very honest with yourself (and with your attorney) about what exactly happened, why, and what you can do to avoid trouble in the future.

These questions can touch on deep, troubling topics.

That’s why the most respected Long Beach DUI defense attorneys are excellent listeners – they often need to do both the “nuts and bolts” work of executing a defense and the “softer” work of counseling clients to help them become safer, more conscientious drivers.

For help managing your Long Beach DUI case, connect with the astute, thorough team at the Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is a former prosecutor (Senior Deputy District Attorney) who has tremendous experience on both sides of high level DUI cases.

May 1, 2013

Lucky for Yovani Gallardo, Brewers Pitcher Got Arrested in Milwaukee, Not Burbank, for DUI

by Michael Kraut

A first offense for driving under the influence in Burbank is punishable as a misdemeanor (or felony if you hurt someone). But a first time DUI in Wisconsin is just a citation.

That’s probably very good news to Yovani Gallardo, a pitcher for Milwaukee Brewers who was busted last Tuesday on a Milwaukee highway near Miller Park. His BAC – at least according to a breathalyzer test – was a monumental 0.22%.

To put that in perspective (long time readers know this), that’s nearly thrice the legal limit for DUI in Burbank of 0.08%. A local sheriff said that Gallardo was swerving between lanes on the freeway. He was going substantially under the 55 mile per hour speed limit (around 40 miles per hour), which can be a “red flag” for police officers. While some DUI drivers speed, others go way too slowly – either approach can be extremely dangerous and cause accidents.

The Brewers released a statement re: Gallardo’s arrest: “we have expressed our disappointment to him and he understands that behavior of this nature is of great concern to everyone in the organization. Yovani has acknowledged the seriousness of this incident and is taking full accountability for his actions.”

The 16-game winner (from 2012) lost a brutal battle to St. Louis just three days before his arrest. His ERA in 2013 stands at an unfortunate 6.61. Gallardo is not the only Brewer who’s struggling. The team as a whole racked up 32 consecutive innings without scoring before their Tuesday game. They have the worst record in the Central Division. Gallardo will have to pay fines for unsafe driving and DUI driving. But certainly worst things could have happened.

So how do you defend against a Burbank DUI charge?

The answer obviously depends hugely on the minute details of your arrest.

In some cases, it might make sense to challenge the breathalyzer test results. For instance, say you blew 0.10 or 0.09% – i.e. you were just above the cusp for DUI. If you’re also diabetic or on a strange diet that could have affected your breath ketone levels (ketones are chemicals that can interfere with breath tests), you and your Burbank DUI defense lawyer might think long and hard about whether to challenge the results.

On the other hand, if, like Gallardo, you blew 0.22% BAC, you’re going to have a much harder time breaking down the breath test (unless you can find some flagrant problem with it, such as a major calibration error or police incompetence/unconstitutional move). That doesn’t mean that “all hope is lost.” But it does mean that you need to calibrate your defense sensitively to the specifics of your arrest, your criminal background and other “you specific” factors.

Fortunately, a thorough, highly knowledgeable Burbank DUI defense attorney with the Kraut Criminal & DUI Lawyers can help you. Get in touch with Attorney Michael Kraut and his team right now to get started on the path to rehabilitation and getting your life back.

April 29, 2013

Long Beach DUI Sports News Update: Josiah Turner Nets Two Days Behind Bars for April 2012 DUI Arrest

by Michael Kraut

Getting stopped and arrested for driving under the influence in Long Beach (or anywhere else) can have profound, long-lasting implications, even if you manage to reduce your charges.

Consider, for instance, the highly publicized ordeal of Josiah Turner.

The former guard for Arizona just received a two-day jail sentence in connection with an April 26, 2012 DUI arrest. The ex-Wildcat managed to get six other charges dismissed in his plea arrangement, but the court still fined him $1,529 and told him to go through a MADD program and alcohol evaluation.

Turner had been a solid performer for the Cats – he averaged nearly 7 points a game along with 3.1 rebounds and 2.4 assists before he transferred to SMU. After college, he pursued professional basketball both in Hungary and in Canada. He lost his slot on the Halifax Rainmen in mid-season and declared for the NBA draft last week.

A Justice of the Peace, Anne Segal, told the basketball star, “I hope this [the DUI and plea arrangement] was the lowest point in your life.”

If you’ve recently been arrested – or if you’re close to someone who’s been arrested for Long Beach DUI recently – you can probably relate to the sentiment.

Turner’s attorney, Jeffery Rogers, spoke highly of the plea agreement: “it’s pretty much what you could expect in this case…what’s important is that Josiah got what everyone else would get. There is no special treatment.”

The 20-year-old (he was 19 when he was arrested) got pulled over for going through a red light at around 1.30 in the morning in his 1993 Infiniti sedan. Police saw that Turner had no license plate on his car, and he didn’t have a driver’s license, insurance, or registration with him. In addition to charges for blowing through the red light, failing to have a driver’s license, and DUI (for having BAC of over 0.08%), he was charged with driving a vehicle while under the influence and being under 21 with alcohol in his system.

According to sports reports, Turner has had a challenging last few years. He was one of the top U of A basketball recruits in 2011, but he got suspended twice for unpublished reasons. The second suspension happened during the crucial Pac-12 Tournament. His lawyer summed up the situation “he is an extreme talent…I just hope he learned a lesson and uses this as a building block.”

Often, a Long Beach DUI charge is the tip of a much larger iceberg – a sign of more deeply rooted problems. To milk the lessons from your arrest, you need to confront the charges strategically, introspect and get appropriate help to avoid recidivism or other future problems. Fortunately, the astute, connected team here at the Kraut Criminal & DUI Lawyers can help you get on a smart path. Connect with Mr. Kraut and his associates today to begin building your Long Beach DUI defense.

April 25, 2013

Hollywood DUI Mega Drama – Reese Witherspoon Arrested for Disorderly Conduct After Husband, James Toth, Gets DUI

by Michael Kraut

Our Hollywood DUI story of the week is clearly the Reese Witherspoon incident. The “Legally Blonde” actress didn’t nab the DUI, though. That honor goes to her husband, CAA uber-agent, James Toth.

Witherspoon and Toth had been in Atlanta, where the actress was shooting a movie (The Good Lie), when an Atlanta trooper saw Toth’s Ford Focus weaving in and out of lanes. Trooper First Class, J. Pyland, 42, stopped the vehicle. He reported that Toth’s eyes looked bloodshot and that his clothing looked disheveled.

After the agent allegedly failed his field sobriety tests, Pyland gave him a breathalyzer test. Toth blew a 0.139% BAC, which is nearly double the limit for Hollywood DUI of 0.08%, as defined by California Vehicle Code Section 23152(b). (Even though the couple got arrested in Atlanta, the “0.08% limit” is basically the national standard.)

The drama did not stop with Toth’s arrest, however.

Witherspoon allegedly stuck her head out the window and lashed out at Pyland, accusing him of not being “a real police officer.”

Per Pyland’s report: “I told Mrs. Witherspoon to sit on her butt and be quiet.” When she refused and instead got out of the vehicle — exercising her self-declared right to “stand on American ground” — Pyland handcuffed her. He wrote: “I put my hands on Mrs. Witherspoon’s arms to arrest her…[she] was resistant, but I was able to put handcuffs on her without incident due to Mr. Toth calming her.”

Witherspoon allegedly asked him “Do you know my name?” He said he didn’t. She told him “You are about to find out who I am…you are going to be on national news.” The officer impounded their car and sent both Toth and Witherspoon to jail in Atlanta.

A passenger in the back – who has not been identified yet – went home in a cab.

The celebrity power couple made bail the next morning, and Witherspoon’s attorney hammered out a deal to prevent her from getting a criminal conviction by doing a pretrial intervention program. She will need to check in with the judge on May 22nd to determine her compliance with the program.

The 37-year-old actress did walk on the Red Carpet at the NYC premiere of her new film, Mud, but she did not give fodder to the media afterwards by taking questions.

Mrs. Witherspoon’s post-arrest trauma overshadowed Toth’s DUI arrest. Lucky, in some sense, for him: it’s a pretty big deal when a major Hollywood agent gets arrested for DUI in Hollywood. It’s a bigger deal – at least from the national media’s perspective – when an actress of Witherspoon’s stature winds up behind bars.

Implications for your Hollywood DUI defense

This story does a good job of highlighting how no one is above the law. And no one is above doing “stupid things” before, during, or after a Hollywood DUI arrest. In the sober light of day, it’s easy to regret what you did or didn’t do. The challenge now for you is to figure out how to make your life simpler and how to be strategic going forward.

Connect with the Hollywood DUI attorneys at the Kraut Criminal & DUI Lawyers to understand the implications of your arrest and develop a strategy. Mr. Kraut is a Harvard Law School educated ex-prosecutor with the means and technique to provide you an excellent defense.

April 23, 2013

Al Michaels, Sportscasting Icon, Busted for DUI in Santa Monica

by Michael Kraut

If you’ve recently been arrested for DUI in Santa Monica, you have company — famous company. In particular: legendary sportscaster, Al Michaels, who was busted last Friday night, after he made an illegal U-turn right in front of a police manning a DUI checkpoint.

The officers quickly pulled over the Sunday Night Football play-by-play man and gave him a blood alcohol test. Curiously, he was right at the cusp of the legal limit – 0.08% BAC exactly. Apparently, he was extremely nice to the officers, and he cooperated. Nevertheless, they booked him on suspicion of DUI and held him behind bars for five hours before releasing him on his own recognizance. NBC Sports spokesman, Greg Hughes, said “we are aware of the situation and we have been in contact with Al…we have no further comment at this time.”

The Emmy Award winning sportscaster has a court date on June 26th.

Michaels is probably best known for calling the so-called “miracle on ice” hockey game at the 1980 Olympics (where the U.S. team underdogs triumphed over the Soviet Union) as well as calling Game Three of the 1989 World Series, which got interrupted by an earthquake.

Santa Monica Police Department’s public information officer, Sgt. Richard Lewis, recounted the events for the media: “[Michaels] makes an illegal U-turn in the business district…two officers see that. They are staged in a gas station lot, they see the illegal U-turn, and they go after him.”

Lewis said that, after they stopped him, they “smelled alcohol” and put Michaels through the paces of a field sobriety test.

The Santa Monica PD put out a news release on April 12 announcing a driver’s license/DUI checkpoint on Friday (at an undisclosed location), citing the fact that “over the course of the past year, traffic collisions involving impaired drivers/riders were involved in 91 collisions, which have killed 3 and injured 28 people.”

Figuring out what to do after your Santa Monica DUI arrest

Whether you got behind the wheel while returning from a day at the Pier and Promenade; or got stopped on Montana while coming back from a Hollywood exec’s private party, you’re anxious about your future. You want straight talk about what to do next.

Fortunately, Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is standing by to help you untangle your mess and give you sound strategic DUI defense advice. Get in touch with the former Senior Deputy District Attorney and Harvard Law School educated Kraut today to craft a resilient defense.

April 21, 2013

Bobby Brown Los Angeles DUI Redux — My Prerogative to Wear an Ankle Bracelet?

by Michael Kraut

Driving DUI in Los Angeles just doesn’t pay. And celebrity musician, Bobby Brown, would probably be the first to tell you why.

After pleading no contest to October 2012 charges in February, Brown finally received his sentence: 55 days behind bars and an electronic surveillance ankle bracelet. Although Brown only served 8 hours in “real time” behind bars – due to prison overcrowding and other factors – he will still need to spend 18 months in alcohol treatment program and go to AA meetings three times a week.

As we reported when his arrest happened, 2012 was a very rough year for Brown. Not only was he arrested twice for driving under the influence in the Valley – once on March 26th, when CHP officer saw him chatting on a cell phone while driving (also a no-no) and once on October 24th – but he also lost his ex-wife Whitney Houston, AND he endured less than thrilled reviews of his first big music project in many years.

All that said, time does heal wounds. It’s spring time now — a time for rebirth and positive reckoning.

Even if you really screwed up and injured yourself while driving under the influence in Los Angeles – and/or committed other illegal acts, such as hit and run, resisting arrest, etcetera, DUI — you can reboot your life. You can leverage the experience of the arrest/accident to become a better human being, more insightful about yourself, and even a better driver.

Of course, DUI defense can get complicated, particularly if your case is challenging. If you hurt someone while driving DUI, for instance, you could be facing felony charges per California Vehicle Code Section 23153(a) or 23153(b). Likewise, if this was your second or third arrest, prosecutors might be far less lenient on you. You may face steeper fines, greater problems with your insurance, a longer license suspension, more time in alcohol school, and beyond.

To get a handle on what you need to do, get in touch with a Los Angeles DUI defense lawyer at the Kraut Criminal & DUI Lawyers.

What sets attorney Kraut apart from the crowd?

First of all, he is a former high level prosecutor – he served as a Senior Deputy District Attorney. That means he understands prosecutors on a very deep level.

Secondly, he has great relationships with many people in the Los Angeles legal and police community, and he also has a Harvard Law School background and deep sense of compassion and service.

He genuinely cares both about protecting his clients and serving the community.

April 19, 2013

Note to Prospective Burbank DUI Defendants: Make Sure Your Story is Plausible! (Lessons from “Teen Mom” Farrah Abraham’s DUI Arrest)

by Michael Kraut

When you got arrested for driving under the influence in Burbank, you might have been tempted to “fight back” against the police or engage in destructive (perhaps illegal) behavior.

Hopefully, you restrained yourself from making your situation worse.

For an object lesson about what can happen, let’s take a look at the recent DUI arrest of “Teen Mom” star Farrah Abraham. The 21-year old mother (of a 4-year old girl) got busted for DUI in Nebraska on St. Patrick’s Day. She “fought cops tooth and nail” – literally – according to TMZ reports.

April 15, 2013

Long Beach DUI News Update: Sad Case of South Beach’s Party Princess Takes Quirky Turn…

by Michael Kraut

In a recent Long Beach DUI post, we told the terrible story of 20-year-old Karlie Tomica, a self-described “party princess” in South Beach who allegedly hit and killed a chef while under the influence then fled the scene of the accident.

Tomica’s story made national headlines for many reasons. It wasn’t a “typical” DUI hit-and-run homicide case. For instance:

• Tomica allegedly had a BAC of over three times the legal limit for Long Beach DUI, 0.08% BAC, which is already pretty high;
• Tomica ignored a motorist’s frantic plea for her to pull over after the arrest, and police finally arrested her at her condo in Miami Beach;
• She fell asleep at the police station later and allegedly “snored loudly”;
• The 20-year-old called herself a “party princess” on Twitter.

After prosecutors got the toxicology reports in mid-February, they filed a DUI manslaughter charge against her. Now, Tomica’s lawyer is saying that the current judge should not be on her case because, from her statements, she had “pre-judged [Tomica] guilty.” Judge Migna Sanchez-Llorens said that Tomica “made choices to drink” — indicating that she [the judge] may not provide the young woman a fair trial.

Without diving deep into the facts and arguments (and counterarguments) of this case, it’s impossible to assess the intelligence of this defense strategy.

As any reputable Long Beach DUI defense lawyer will tell you, there are no one-size-fits-all rules for how to proceed. That’s why you want to find a lawyer who has both the experience and knowledge to help you manage your situation.

If you’re confused about how to proceed with your defense, get in touch with the team at the Kraut Criminal & DUI Lawyers today to discuss your options and to plan an effective, thorough and strategic response. Michael Kraut is a former Long Beach DUI prosecutor who spent 14 years on the other side of criminal cases, as a Senior Deputy District Attorney for Los Angeles.

Find out more about Attorney Kraut and his credentials on this site, or call today to set your consultation about your Long Beach DUI.

April 10, 2013

Burbank DUI Sports News: Drake Britton, Star Pitcher for Red Sox, Socked with DUI in Fort Myers, Florida

by Michael Kraut

Some disappointing Burbank DUI sports news: 23-year-old Drake Britton, a left-handed pitcher for the Boston Red Sox, got arrested on March 2 for driving under the influence in Fort Myers, Florida.

According to the arrest report, Britton made multiple mistakes that may make his case legally fraught and complex. A USA Today article said a deputy saw him speeding and tried to pull over the promising young leftie. Britton then smashed his car into a curb and bulldozered over a fence. Eventually, he stopped and admitted to the deputy that he had been drinking.

The Red Sox later released a statement saying that the team took Britton’s arrest “very seriously, and it’s being addressed…Fortunately, in this case, there was no one injured, but the bottom line is that it’s a very serious issue with us.”

Britton paid a $2,250 bond.

Did we mention that he’d been traveling at 111 miles per hour? That’s pretty fast!

Unless you’re racing at NASCAR or tooling your vintage Mercedes around on the Autobahn, 111 mph is way, way too fast.

What’s really tragic – at least for Britton – is that he was just about to start in the Big Leagues, after years of struggling through the Minors. He got drafted way back in 2007 in the 23rd round. Even though he accrued a losing record with Boston’s Double-A Portland team (4-7 with a 3.2 ERA) last season, he had wrangled a chance to play in “The Show.”

So why did he drive under the influence and potentially wreck not only his car but also his career?

This question would obviously be impossible to answer unless you spent time understanding his personal situation and his psychology.

But it speaks to the diverse causes of Burbank DUI behavior and accidents.

According to cutting-edge psychological research, stressful situations – both negative AND positive – can drive us to self-medicate with alcohol or other substances.

Unless and until you address the root stress or frustration, then you may never fully get rehabilitated. You thus may be at an increased likelihood of getting arrested again, in the future, for driving under the influence in Burbank or elsewhere.

If that happens, your problems can mount.

A misdemeanor Burbank DUI is a serious charge, and it can result in the stripping of your California driver’s license for a year, jail time, court costs, fines, insurance spikes, tough probation terms, and worse. When you get arrested a second or third or even fourth time within a 10 year period for DUI in Southern California, prosecutors can pile on more and more charges, and your life can spiral downwards and out of control.

To get a grip on what’s caused your turmoil — what caused you to make less than strategic decisions about your driving or to say dumb things to the officer who pulled you over for DUI -– look to the Kraut Criminal & DUI Lawyers. Michael Kraut is an experienced, compassionate, and thorough Burbank DUI defense attorney who has helped many people in similar situations protect their rights and get a fair second chance.

April 5, 2013

When Someone You Love Refuses to Get Help After a Long Beach DUI

by Michael Kraut

You are at your wits’ end and also very sad. Someone you love dearly recently got arrested for DUI in Long Beach, and that person — at least to you — seems to be living in denial.

As you are no doubt aware, after you get arrested and charged according to California Vehicle Code Section 23152 (a) or 23152 (b) — or per the injury DUI CVC Sections 23153 (a) or 23153 (b) — you need to act quickly, strategically, and decisively to protect your rights.

You may only have days, for instance, to contest the suspension of your California driver’s license. Evidence that could help exonerate the Long Beach DUI defendant — or at least make the prosecution’s case more challenging — may disappear or be forgotten.

So you need to get “on it” quickly. But the person whom you love — who faces the charges — is acting maddeningly nonchalant. Perhaps he or she has yet even to consult with a Long Beach DUI defense lawyer or even begin researching legal options.

You want to help him, but there is only so much control that you can exert over a full-grown adult. Here are some insights to help you make progress:

#1. Strive to empathize with the Long Beach DUI defendant.

Imagine if you had been arrested. No doubt, you’d feel scared, overwhelmed, angry both outwardly and inwardly, and a lot of other feelings, none of them good. Whenever you’d dwell on the arrest, those feelings would come up. So it makes psychological sense (at least) to just pretend like things aren’t really happening.

#2. The person may have a challenging relationship with you.

For instance, maybe you’re the parent of a UCLA or USC student who got arrested for DUI in Los Angeles. That student might worry that you’ll stop paying tuition or take away the car. The person may not even be willing to listen to your plea because of these fears.

#3. You cannot be sure exactly what’s going on.

Scientists have done plenty of research into what motivates us (and what demotivates us) from taking empowering actions. But each situation is different. One defendant might refuse to get help because he’s in denial. Another may refuse to get help simply because she doesn’t realize the nature of her legal bind.

This puts you in a difficult situation. You want to help, but you are not exactly sure how to approach the person or otherwise assist.

Above all else, strive for compassion. Be compassionate with the person. Be compassionate with yourself. You’re going through a lot as well, even though you won’t face jail time or other punishments. Appreciate that you have the kindness and sense of responsibility to offer help. Reflect on the Serenity Prayer.

And consider connecting with Michael Kraut of the Kraut Criminal & DUI Lawyers, directly, for help with your Long Beach DUI defense. Attorney Kraut can suggest solutions for you and your family.