Driving Under the Influence of Alcohol

April 3, 2013

Finding Empowerment After Your Burbank DUI

Your recent Burbank DUI arrest has proven to you, beyond all doubt, one thing: namely, that you are powerless over the effects of alcohol.

Or at least so you believe.

Narcotics, alcohol, and other substances can cause otherwise rational, compassionate, good citizens to engage in all sorts of wild and destructive behavior. The Jeckyl and Hyde nature of addiction has led to the creation of many myths about what alcoholism really is, what addiction is, what causes these problems, and what potentially has the chance to treat them.

According to Dr. Lance Dodes, a Harvard University addiction specialist, some of the ways in which we think about alcoholism (and thus Burbank DUI treatment) may be misguided. For instance, Dr. Dodes argues that the nearly universal advice given to addicts — to admit that you are “powerless” over alcohol — may do more harm than good. Dr. Dodes’s alternative thesis about addiction argues that addictive/compulsive acts are often attempts to reassert autonomy during bouts of helplessness.

For instance, addicts often feel better the moment they make the decision to have a drink or engage in other types of impulsive behavior — as opposed to when a particular substance hits their bloodstream.

The decision itself seems to have the calming effect. This implies that root cause is psychological as opposed to physiological.

Likewise, Dr. Dodes sites the fact that the soldiers in the Vietnam War had extremely high heroin abuse rates. But when these soldiers came back home, the vast majority of them managed to quit heroin easily and simply — an extremely low recidivism rate that could not be duplicated in domestic patient populations.

This suggests that something about the war itself was driving the men to use heroin — again, implicating psychological as opposed to physiological impulses.

A Burbank DUI defendant might do well at least consider this alternative perspective.

What drives you to make bad decisions? What are the thoughts that run through your mind prior to your making the decision, for instance, to take a drink or smoke marijuana or engage in other compulsive behavior? Are they thoughts along the lines of “I hate my job, I’m frustrated with my marriage, I’m angry because some guy cut me off in traffic, etc.”?

If so, perhaps you might find it resourceful to reflect on those potential triggers and find ways to empower yourself differently.

Of course, on the practical side, you also need to deal with your Los Angeles DUI defense. Connect with the team here at the Kraut Criminal & DUI Lawyers for attentive, thorough, and decisive help with your Burbank DUI defense.

April 1, 2013

Burbank DUI Sports News: David Diehl of the New York Giants Pleads Guilty to DUI Charges, Avoids Jail…

by Michael Kraut

Breaking Burbank DUI sports news — David Diehl, an offensive lineman for the New York Giants, has pled guilty to DUI charges, stemming from a June 2012 accident.

In early 2012, Diehl had been walking around with a shiny new Super Bowl championship ring on his hand. In early 2013, he’ll get to wear a SCRAM bracelet to complement that ring — a considerable step down, in terms of glory and pride.

According to the New York D.A., Diehl crashed his BMW after watching a soccer game at a bar. Police used a breath test to peg him at 0.182% BAC. (For those of you keeping score, that’s over 200% the Burbank DUI legal limit of 0.08%, as defined by California Vehicle Code Section 23152 (b)).

Per the guilty plea, Diehl will get to avoid jail time, provided that he stay out of trouble. He’ll have to dole out some cash — $300 in fines along with $1200 in restitution. And the special SCRAM bracelet will measure his alcohol consumption. Assuming he passes his six-month discharge program with flying colors — and passes through the NFL’s special substance abuse treatment program — his charges will be dismissed.

The 32-year old defensive lineman is obviously lucky to be alive. Many other people who get into Burbank DUI crashes (or crashes anywhere) end up dead or seriously injured.

Whether you are a sports celebrity, politician, or “working Joe,” the law entitles you to a thorough and sound Burbank DUI defense.

But how do you contrive and execute such a defense?

The answer is actually quite counterintuitive.

For instance, you might be under the impression that, if you blew a positive for DUI on a breath test, then you’re “stuck” with that positive reading. But depending on your circumstances, you may be able to challenge that number.

For instance, perhaps you’re on a ketogenic diet or you have diabetes. If so, chemicals on your breath may have interfered with the breathalyzer and led you to blow a “false positive.” Likewise, calibration errors, officer interpretation errors and other problems occur more commonly than most defendants (and even most police officers) appreciate.

For help unlocking the potential of your defense, connect today with the team here at the Kraut Criminal & DUI Lawyers. Our experienced Burbank DUI defense team can help you plan a smart course of action and deal with your charges strategically.

March 25, 2013

Not a Good Adventure for Bonaventura: Constable Charged With DUI… Implications for Your Los Angeles DUI Defense?

by Michael Kraut

As someone who was recently arrested and charged with driving under the influence in Los Angeles, you’re feeling pretty sheepish and scared and regretful.

You wish you had use more common sense — handed the keys to a friend or associate or just cabbed it home. As much as you want to take responsibility for events — and speak with an experienced Los Angeles DUI attorney, ASAP — appreciate that you’re not the first person who’s ever been in this compromised position.

Plenty of other, normally law abiding folks get into DUI trouble in Los Angeles all the time. In fact, if you’ve been following our blog for any length of time, you’ve read endless accounts of celebrities, sport stars, politicians, and even legislators who’ve been busted for DUI.

Even police officers get in trouble for the crime!

Case in point. Consider the sad story of 50-year old John M. Bonaventura, the head of the Constable’s Office for Las Vegas Township. A Nevada highway trooper pulled over Bonaventura on US 95 near Boulder Highway, after he saw the “official constable vehicle” driving pell-mell all over the freeway.

Bonaventura’s speeding and DUI charges are actually just the tip of the iceberg.

Commissioners for Clark County (the home of Las Vegas — a.k.a. the “City of Sin”) are about ready to abolish the entire Constable’s office, which employs over 20 deputies. These officials perform work ranging from serving paperwork to evicting people. According to a local paper, the Las Vegas Review Journal, critics have hammered the Constable’s office for “creative accounting practices that circumvent county oversight, as well as for filming a profanity-laced pilot for a reality television show.” (quote from an AP article)

Perhaps the deputies were jealous of the modern day Keystone Cops on Reno 911. Maybe they didn’t realize that that show is actually a fictional comedy.

On a more serious note, as a Los Angeles DUI defendant, you may or may not have been negatively affected by police errors or bad police behavior. The vast majority of officers in Los Angeles County are hardworking and fair. Yet you should pull out all the stops during your Los Angeles DUI defense — investigate any angle that could lead to a reduction in your sentence or a dismissal of the charges.

Of course, this is no small task, even for experienced attorneys. Fortunately, you can turn to former city prosecutor Michael Kraut and his team at the Kraut Criminal & DUI Lawyers in Los Angeles for adept, thorough, and insightful guidance on your case.

Mr. Kraut has a special vantage on L.A. DUI cases because he served for nearly a decade and a half as a prosecutor. He maintains good relationships with his old prosecutorial colleagues as well as with other key people in the system.

March 20, 2013

Hollywood DUI Disaster for American Idol Winner’s Family — Phillip Phillips’ Mom Busted in Albany, Georgia

by Michael Kraut

If you recently got arrested for drug DUI in Hollywood or elsewhere in the Southland, you have plenty of company.

Often, DUI events represent the tip of the iceberg — the manifestation of longer brewing and ultimately very tragic situations.

Consider, in that context, the recent stop and arrest of Cheryl Phillips, mother of singer Phillip Phillips, who won Season 11 of American Idol. Phillip Phillips has been very public about his troubled relationship with his family. Last November, his parents needed financial help. But the newly crowned American Idol winner refused to pitch in. So the parents had to sell their pawn shop.

March 15, 2013

Did You Try to Bribe Your Way Out of Your Los Angeles DUI? Hopefully Not! Look What Happened to This 24-Year Old…

by Michael Kraut

When you got pulled over on suspicion of driving under the influence in Long Beach, you felt terrible and scared.

You can be forgiven if you allowed yourself to envision doing “something, anything” to escape the charges, the humiliation, and the punishment. But there is a difference between thinking such thoughts (e.g. “if I hightail it out of here, I could reach the Mexico border by sunrise!”) and actually ACTING on them.

Unfortunately, sometimes when we’re extremely intoxicated or nervous, we can act impulsively on not-so-smart thoughts.

Consider, for instance, the following recent New York City DUI debacle. A 24-year old resident slammed his car into a mailbox in Lower Southampton. Witnesses saw the vehicle driving without its lights on in the middle of the night. When police finally pulled the young man over, he was “slumped in the seat and looked upset when he saw the authorities who stopped him.” The police tried to put him through the paces of a field sobriety test, but “he failed them all” and didn’t even “lift his feet off the ground when [the police] asked him to.”

After police arrested the man and took him into custody, he still failed to cooperate.

He later blew a 0.18% on a breath test (well over two times the legal limit for Long Beach DUI) and agreed to do a blood test at St. Mary Medical Center. But then he recanted and decided not to give blood. Finally, he was thrown back into police vehicle and taken to a station in Lower Southampton, where he shouted at a police officer and even bribed him with $1,000 to let him go.

Ultimately, police showered him with a litany of charges, including hit and run, property damage, DUI and refusal. His parents later picked him up at the station.

When you read a story like this, you probably feel some compassion. Unfortunately, many Long Beach DUI defendants do not get nearly enough empathy from society, from prosecutors, from bosses and colleagues, and even from spouses and family members.

You’ve been through a tremendous amount. You’d really like someone to listen to your concerns and help you develop a battle plan to fight back against the Long Beach DUI charges.

Look to the experienced team here at the Kraut Criminal & DUI Lawyers to help you get a handle on your Long Beach DUI defense, and to move beyond this difficult and unexpected chapter in your life.

March 13, 2013

Driving Under the Influence in Los Angeles With Kids in the Car? Don’t Do It!

by Michael Kraut

You’ve already been arrested for DUI in Los Angeles, so what’s done is done.

God willing, you didn’t hurt anyone or do serious damage to yourself. But whether you did or didn’t, your life is chaotic and scary right now — and it’s not just because you feel guilty about what happened but also because you’re nervous about jail time, punishments, and all the uncertainty.

Sometimes people under a lot of stress do very dumb things.

Consider, for instance, allegations against a Tennessee woman, Melissa Renee Karcher, who was arrested recently for driving DUI with her two young children in the back of her truck. The 26-year-old took her kids with her to a drive-thru restaurant on Fort Campbell Boulevard and acted very strange to the server. Here’s a quote from a local report “The server said Karcher appeared inebriated, confused and on the verge of falling asleep. She dropped her phone in her drink, then dropped her drink, and repeatedly tried to hand the server dirty paper towels.”

When police arrived, they found Karcher sitting in her truck (engine on) with the kids in the back seat. The reports said that she had “white spit” on one of her cheeks. Karcher said she was not on medication or alcohol — but rather that she had been up all night. As anyone who has ever tried to raise young kids knows, sometimes you have those nights where you really don’t sleep.

It’s also very difficult to pass a Los Angeles field sobriety test (or FST anywhere) if you’ve been running without sleep. Some research out of Australia, in fact, suggests that driving after being up for 24 hours or more is actually more dangerous than driving DUI, as strictly defined by California Vehicle Code Section 23152 (a) or 23152 (b). Your reaction time when you’re sleepless and exhausted is slower, etc.

Karcher apparently fell asleep at the police station — evidence that seems to be in line with her story. However, her history does not necessarily bode well for her. She had her license suspended in Kentucky for driving under the influence, and she got booked into jail on DUI charges as well as charges of “possession of drugs without a prescription, driving on a suspended license and two counts of child abuse and neglect.”

If you face similar charges — or more serious ones or less serious ones — of DUI in Los Angeles, what can you do? What are the best practices? What mistakes should you avoid?

For thorough, personalized answers to these questions, get in touch with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today. Mr. Kraut is not just a widely respected Los Angeles DUI criminal defense attorney, but he is also an ex-prosecutor who leverages his nearly two decades of experience in the LA legal system, along with his Harvard Law School education, to get excellent results for his clients.

March 11, 2013

Parallels Between Your Long Beach DUI Arrest and the Meteorite That Blew Up Over Russia’s Ural Mountains

by Michael Kraut

Why on Earth would you want to waste time reading or thinking about a meteorite explosion, when you have a serious Long Beach DUI charge on your hands, and your freedom and future literally hang in the balance?

There’s a good reason why.

Many defendants, who face charges like driving under the influence in Long Beach, never take the time to process what they go through. As a result, they often make impetuous decisions that backfire, or they fail to “get into gear” early enough in the process. The end result is the same: driver’s license suspension, jail time, harsh probation terms, and worse.

Point is, you really need to take time to process what’s happened to you and come up with new ways to think resourcefully about your situation. Your DUI event was very disruptive and totally unexpected. No one starts off a day saying “I think I’m going go out and get into a Long Beach DUI accident tonight.” Accidents and DUI checkpoint arrests happen totally out of the blue.

Likewise, the meteorite that exploded over the city of Chelyabinsk, Russia in the Ural Mountains on February 15 was totally unexpected. The blast literally shocked the world. (Curiously, the event happened around the same time as a 130,000 ton asteroid zipped by the Earth — nipping our whiskers at just 17,000 miles distance). The fireball nevertheless created a mini-disaster, injuring 1,100 people or so (mostly due to glass blown out from the explosion) and damaging 3,000 area buildings.

Russia — and the rest of the world, actually — got lucky.

Had the meteorite gone slightly off course, it could have exploded over nearby nuclear weapons plants or chemical weapons facilities and thus either set off another Chernobyl-type disaster or caused toxic agents to be released en masse into the atmosphere.

Your Long Beach DUI event was very similar to a meteorite strike — it was unexpected and unwanted, and it’s left you dazed and feeling out of control.

To regain some control and perspective, get in touch with the Kraut Criminal & DUI Lawyers today. Michael Kraut is a highly reputable, widely respected ex-prosecutor who now works as a Long Beach DUI defense lawyer. He and his associates can help you respond knowledgably to your crisis and build a sound and structured defense.

March 6, 2013

How Playing Tetris Too Much is (Kinda Sorta) Like Getting into a DUI Crash in Los Angeles

by Michael Kraut

If you’ve recently been in a DUI crash in Los Angeles, the memories of the disaster have likely seared their way into your brain.

When you close your eyes at night, you may re-imagine your DUI arrest in L.A. in vivid detail, particularly if you got seriously hurt or hurt someone else.

Those unpleasant memories can be almost impossible to dislodge by conscious effort.

Not to trivialize your experience in any way, but at least to an extent, what’s happening in your brain is similar to what happens in the brains of people who play video games, like Tetris, too long.

If you’ve ever played Tetris, you probably know how addictive it can be. As you learn intuitively how the shapes go together and how to make lines, you incrementally develop your skills and go faster and get more creative with your strategies.

The game is simple and intuitive, and it leads to a very satisfying “learning curve.”

When you engage in the repetitive behavior, your brain begins to focus on tetris, even when you are not consciously playing. This is why, long after you finish, you continue “playing” in your mind.

This phenomenon occurs not just after repetitive activities but also after INTENSE activities. The intensity of the Los Angeles DUI cemented a memory in your mind, much as the repetition of playing Tetris cements that memory of game-playing in the mind.

Of course, this is a dramatic oversimplification. The processes by which we make memories, retain and recall memories, and have emotional reactions that flow from them are incredibly complex and not even fully understood by the world’s top neurologists.

This isn’t to say that you will be forever haunted by images of your Los Angeles DUI accident.

Your first step towards making some sense of the chaos is to reach out and get reputable help.

The team here at the Kraut Criminal & DUI Lawyers is well known for helping DUI defendants like you develop strategic and workable defense strategies. Attorney Kraut understands the system on a very deep level — not just intellectually but also pragmatically. He served as a prosecutor for the City of Los Angeles for nearly 14 years. He has many great relationships, not only with defense attorneys and clients but also with prosecutors and police and judges.

March 4, 2013

Your Second Pasadena DUI: Bad Luck or Warning Sign?

by Michael Kraut

When you got arrested the first time for driving under the influence in Pasadena, you wrote if off as a fluke.

Perhaps you had one too many drinks while chilling with old college friends at the Cheesecake Factory in Old Pasadena. Or maybe you had a few glasses of wine with some college professors at Caltech… and the rest is history. You got behind the wheel when you shouldn’t have driven, and you got caught and punished.

But this time is different.

Now that you’ve been arrested twice for DUI in Pasadena (or elsewhere in the Southland), you’re getting more concerned. Maybe the problem really IS you. Maybe it wasn’t a one-time thing. This scares you. After all, as much as you want to avoid penalties for recidivist DUI in Pasadena–such as jail time, forced fines and fees, mandatory interlock ignition device installation, compulsory probation, and on and on–you know that your situation could have been a lot worse.

You could have seriously hurt or even killed someone while DUI. Then you would have been charged with a much more serious crime, such as vehicular homicide or even DUI murder because of your past criminal history.

It’s easy to beat yourself up.

And the very fact that you’re taking time to read this article and reflect on what you did (and why you did it)…that’s a very positive sign. But you now need to translate this concern into effective, positive action, not only so that you avoid punishment–or at least minimize it–but also so that you better fulfill your responsibilities as a driver and as a citizen of Southern California.

Often, the root cause of why we behave in certain ways is difficult to identify.

For instance, you might blame your DUI problems on your impetuous nature–your natural devil-may-care attitude. But other psychological “stuff’ could be going on below the surface, breeding problems and stirring up trouble. For instance, maybe you were recently fired or divorced. The stress is driving you to self-medicate through drugs or alcohol. Unless and until you deal with that underlying emotional hurt in a constructive fashion, you might continue to feel helpless and use an element, like alcohol, to manage your pain.

Don’t expect to solve your psychological puzzle in a single day. But do put some awareness on the problem. Strive to be compassionate with yourself–to treat yourself as a human being with legitimate needs. At the same time, do everything you can to avoid getting into a similar situation in the future. Recidivist Pasadena DUI offenders face extended jail time, fees, fines, and dire consequences for your license, insurance, and reputation.

You should also consider getting in touch with an experienced Pasadena DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers. Attorney Kraut is a highly respected, well connected DUI lawyer who worked well over a decade as a prosecutor before turning his attention to criminal cases. He and his team can help you unpack what’s gone wrong and figure out effective solutions.

February 27, 2013

Reduce Your Risk of Burbank DUI by Reducing Your Commuting Time!

by Michael Kraut

Ever since you got arrested for driving under the influence in Burbank, you’ve been racking your brain. How should you handle your case? How can avoid ever again experiencing the humiliation of getting arrested? Here’s an intriguing and potentially hugely useful (over the long term) strategy for shielding yourself from further trouble:

Slice down your commuting time.

Whether you live in the Valley and commute to Sony to work on a production lot, or vice versa; you probably spend far too much time in your car stuck in traffic jams on the 101 or 134. You already hate driving, the entertaining DJs on KROQ notwithstanding. Statistically speaking, the more time you spend on the roads, the more likely it is that you will be involved in a Burbank DUI accident, either as a victim or as a wrongdoer.

It’s just simple math.

Especially if you drive late at night, when you chop down your commuting time, you reduce your overall exposure tremendously–not to mention add time “back” to your life.

The side benefits also include: you will burn less gas (save money), expose yourself to less pollution (better for your lungs and long-term health); and commit a not-insubstantial act of kindness towards the environment.

So how can you reduce your commuting time?

(Don’t worry, we’re going to get to Burbank DUI defense strategies in a second)

Here are some ideas:

1. Move a little closer to work.

You may only be five miles or so from work, but your morning and afternoon commutes can still take you upwards of an hour, depending on when you go and what horrifically clogged surface streets or freeways you choose.

2. Change up your work hours to make the commute less brutal.

3. Explore alternative routes to work.

Odds are slim that you’ve found the “ideal” routes to places around your neighborhood just by random chance. By finding shortcuts, you might shave off a few minutes every day on your driving time.

4. Shop more on the internet.

5. Do more grocery shopping in bulk (fewer trips to the store)

6. Carpool with friends.

7. Take public transportation from time-to-time.

Get creative to shortcut your route. Meanwhile, while you’re working on that, you obviously need to work on your Burbank DUI defense. The team here at the Kraut Criminal & DUI Lawyers is extremely experienced, compassionate, and well connected. Attorney Kraut is a Harvard Law School educated ex prosecutor. He really cares about educating defendants–not only about their rights but also about their resources. You want to get out of trouble and stay out of trouble for good. Find out more about attorney Kraut and his team here on this website, or connect with them today for a free consultation.