Driving Under the Influence of Alcohol

September 19, 2012

Even President Obama Cannot Save Amanda Bynes from Los Angeles DUI Charges

Actress Amanda Bynes, star of Easy A and What I Like About You, has encountered some serious Los Angeles DUI troubles.

The CA Department of Motor Vehicles officially stripped her license last week, and prosecutors also formally hammered her with double hit and run counts. Bynes allegedly caused two accidents:

One where she banged in the back of a woman’s Toyota and then drove off, after she unilaterally “assured” the woman that no damage had been done;
One where she smashed into a sheriff’s patrol car with her BMW.

If convicted, Bynes could face up to half a year in jail and a fine of $1,000… on top of the full year license suspension.

Bynes’ response to her April Los Angeles DUI arrest earned her an additional few 15 minutes of fame. First, she refused both the breathalyzer and field sobriety tests, claiming “I don’t drink.” Secondly, and perhaps more infamously, she twittered her case to President Barack Obama: “Hey @BarackObama… I don’t drink…. please fire the cop who arrested me. I also don’t hit and run. The end.”

Bynes has denied any wrongdoing, and she has accused critics in the media of “writing fake stories about me.”

Although many did mock Bynes’ press strategy after her Obama tweet, her angry/impetuous reaction is not uncommon. In fact, most DUI in Los Angeles defendants struggle to communicate their situation to friends, family members, co-workers/clients and the public at large. It’s easy to overreact or underreact — to allow your reputation problems to consume you and to fall victim to additional stress, anxiety and potential legal trouble.

The best antidote to the confusion/frustration is to get strategic representation from a respected Los Angeles DUI criminal defense attorney. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers worked as a prosecutor of DUIs and similar cases for the city for nearly 15 years. Prior to that, he attended Harvard Law School.

His sharp but compassionate approach to DUI defense may be just what you need to get your life back in order and to deal with your myriad stresses and potential punishments.

September 5, 2012

Serious Los Angeles DUI Drama – Was Conservative Costa Mesa Councilman’s DUI Stop a Set-Up?

by Michael Kraut

Some crazy news rippled through the Los Angeles DUI legal community last week. After Costa Mesa Councilman, Jim Righeimer, got pulled over on suspicion of DUI, some sleuths believe the stop was actually set up by his political opposition! The allegations concerned a 9-11 call placed by Chris Lanzillo, a PI who works for a law firm that represents, among other groups, the Costa Mesa Police Union.

Here are the key elements of this riveting story…
• Righeimer had been hanging out at Skosh Monahan, a tavern owned by a fellow councilman for Costa Mesa, Gary Monahan.
• A 9-11 call (placed by Lanzillo) said that he witnessed Righeimer stumbling out of the tavern after drinking too much and then swerving away in his car.
• Righeimer was ultimately pulled over and given a field sobriety test, which he passed.
• An investigation from the County Prosecutor’s Office exposed a lot of holes in the 9-11 caller’s story. For one, surveillance footage showed Righeimer leaving the pub, looking sober and surefooted. Furthermore, a white SUV was seen following Righeimer from the tavern to his house – certainly a creepy development.
• Lanzillo’s behavior has caused problems for his law firm, Lackie Dammeier & McGill – for one, the Costa Mesa Police Union severed ties with the big firm after the story broke.

Not every Los Angeles DUI situation is a “conspiracy” – but there may be far more to your case than meets the eye.

Odds are very high that your Los Angeles DUI arrest was not “set up” in any way. However, the techniques and methodology that police used to investigate your behavior may have been less than ideal.

For instance, your Los Angeles breathalyzer test results might have been compromised due to:

• Something you ate (especially if you are diabetic);
• Medications you’re taking;
• Calibration errors;
• Police procedural errors
• Simply bad timing.

As we have discussed at length before on this blog, the depth of the breath you blow into a breathalyzer can radically change your reading. So if you blew “extra deep” into the breathalyzer, you may have registered a number that tipped over the 0.08% threshold for Los Angeles DUI but ultimately should be considered a false positive.

To build a strategic and fair-minded defense, you might want to talk to a highly respected Los Angeles DUI criminal defense lawyer at the Kraut Criminal & DUI Lawyers. (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) Mr. Kraut is a Harvard Law School trained attorney with a deep and diverse background in DUI cases, and he can help you come up with and implement a strategic plan to help you move beyond your arrest.

September 3, 2012

O Lordy! Sad Long Beach DUI Arrest, as San Francisco’s New Archbishop Hit with Two Misdemeanor DUI Charges

by Michael Kraut

The archbishop-designate of San Francisco, Rev. Salvatore Cordileone, has officially been accused of driving under the influence, according to blogs that cover Long Beach DUI news and other media sources.

The 56-year-old was stopped late on the 25th of August at a checkpoint near San Diego State University. Allegedly, he failed his field sobriety test. A blood alcohol test clocked him at above the legal limit for Long Beach DUI of 0.08% BAC. After Rev. Cordileone’s arrest; his mother, who had been riding in the car, drove home, after she proved that she had not consumed alcohol and that she had a valid license.

After the DUI, Rev. Cordileone issued a public apology and expressed extreme regret for the “shame and disgrace” the arrest created for him and his family and church.

Rev. Cordileone is still scheduled to be installed as San Francisco’s metropolitan archbishop in October. For the past three years, he has served as the fourth Bishop of Oakland.

Lessons for You, if You’ve Recently Been Arrested for DUI in Long Beach

The archbishop-designate’s legal travails highlight a point that often gets lost in discussions of Long Beach DUI punishment and prevention: many who get arrested for misdemeanor DUI crimes have little to no criminal history. It may be tempting to reflexively blame the DUI defendant (or yourself, if you are the defendant) for some kind of moral failing. But so many elements beyond morality play into risk for DUI. For instance:

• Our body’s sensitivity to alcohol – you may not be cognizant of how you process alcohol; and, thus, you might engage in risky behaviors that you don’t realize are risky;
• Social pressures – if it’s “socially normal” in your group to drink a little at dinner and then drive, and you are someone who can’t process alcohol well, while your friends can – you might be pressured into engaging in risky practices;
• Momentary lapses of judgment or discernment – no one is perfect. We all have times when we cut the line or bend the rules;
• Unfair or poorly done police work – sometimes Long Beach DUI breathalyzer tests fail, for instance; and sometimes even the most respectful and savvy police officers make errors of judgment or misperceive what you’ve been doing.

For help dealing with your problems, connect with a Long Beach DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Mr. Michael Kraut is one of the most respected and well-known DUI criminal defense lawyers – in addition to attending Harvard Law School and serving as a former prosecutor, he has gotten great reviews from his past clients.

August 29, 2012

Pasadena DUI News – Apparently, Lawnmower DUIs are Back in Style

by Michael Kraut

Hopefully, your Pasadena DUI arrest and charges were slightly less embarrassing than James David Gray’s.

According to The Gainesville Sun, the Floridian was busted for a lawnmower DUI earlier this month, when police officers saw him piloting his rented mower down the wrong way of a Florida street. The deputy who stopped Gray said that the man had a cold beer in his cup holder. He also allegedly confessed to having consumed 18 beers — apparently, his first alcoholic beverages in two years.

Gray’s breathalyzer test results were not particularly auspicious, either. While in police custody, he blew a 0.147% and 0.138% BAC, respectively. As dutiful readers of our Pasadena DUI blog know, the legal limit for a DUI here in Southern California is just 0.08% — even lower under certain special circumstances (such as if you are underage, etc).

So in addition to all the inglorious punishments you can face, including prison time, points on your driver’s license, suspension of your CA license, restrictive probation terms, fines, fees, bumps on your auto insurance, mandatory alcohol classes, and other dubious punishment, you also face indirect problems. For instance, say you’re at school — at UCLA or USC — and your license gets suspended. How are you going to get to class? How are you going to work or job? If you can’t get do those things, then how can you even exist out here as a student, employee, etc?

The degree to which you can successfully defuse your Pasadena DUI situation is to the degree to which you can gain control over vast swaths of your life, work, and future.

To that end, you need to choose your Pasadena DUI criminal defense attorney carefully. One of the reasons why so many people trust Michael Kraut of the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is that he is a former prosecutor: he spent 14 plus years “on the other side,” putting DUI drivers behind bars. He has also won great respect and admiration not only from his criminal defense clients but also from his legal peers – judges, prosecutors, etc. – past and present. Connect with attorney Kraut right now for a free and confidential case consultation to figure out what you can do to get out of your mess.

August 27, 2012

Sherman Oaks DUI Arrest for Joe Simpson (Jessica Simpson’s Dad)

by Michael Kraut

Fifty four-year-old Joe Simpson, father of iconic singer and TV personality Jessica Simpson, was arrested for driving under the influence in Sherman Oaks earlier this month.

The LAPD tagged Joe around 10 P.M. when they saw him driving strangely on Ventura Boulevard. Officers noticed symptoms of Sherman Oaks DUI and decided to take him to the station. Criminal charges have yet to be filed against Simpson, and the 54-year-old does not have any offences on his record. So his prospects for dealing with the situation seem pretty good. After all, it’s not like he got into an injury DUI in Sherman Oaks – which can be prosecuted as a felony per California Vehicle Code Sections 23153(a) and 23153(b). And there were no other complicating factors, such as multiple priors, evading arrest, hit and run, etc.

Nevertheless, even if you get tagged for something as simple as a misdemeanor Sherman Oaks DUI at a routine DUI checkpoint or traffic stop, the consequences for your career, license, insurance rates, and even personal freedom could be drastic.

For instance:

• You could wind up spending a not insignificant amount of time behind bars;
• You could get your California license suspended;
• Once a conviction is on your record, any crimes you may commit in future can be punished much more harshly.

So Simpson is likely not sweating the fines that he might have to pay: his multi-multimillionaire daughter could probably help him with that. But the crime could influence many other aspects of his life. For instance, if your driver’s license is suspended, your ability to get around L.A. is obviously really limited. Unless you’re wealthy enough to hire a chauffeur to drive you around town every time you want fresh eggs and milk (or whatever), you have a problem.

Likewise, no matter how wealthy you are, the threat of a jail sentence always lurks. No matter how many millions or billions of dollars you have in the bank, you are not immune to Southern California or federal law.

Perhaps you are in a similar situation to Joe’s. Or maybe you’re facing a far more devious and frustrating bind. In either case, you want to find a Sherman Oaks DUI criminal defense attorney who has lot of practical experience and knowledge dealing with your type of case.

More than that… you want to find someone who can help you meet your diverse challenges simultaneously. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles and the Valley has ample experience and resources to help you. Mr. Kraut has a special background, which few others in his industry have. He worked as a prosecutor for the city of Los Angeles for 14 years.

This perspective – along with his Harvard Law School education – has helped Mr. Kraut creatively deal with complex, multidimensional cases. It’s why he is recognized by his peers for his excellent service and why he is often called upon to speak about DUI matters on KCLA News and why he has been featured in The New York Times, Los Angeles Times, and beyond. Connect with attorney Kraut today to get a free and fair consultation about how to manage your challenges. (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123)

August 22, 2012

Forever and Ever Amen – Don’t Let My Long Beach DUI Aftermath Be As Embarrassing As Randy Travis’ Was

by Michael Kraut

Unless you’ve been hiding under a rock – and perhaps you have been busy following your own Long Beach DUI arrest – you’ve likely heard about the ridiculous and sad DUI tale of country icon, Randy Travis.

The 53-year-old was slammed with DUI charges in Texas, after police found him on the side of the road, completely naked. It’s been a bad decade for Mr. Travis, who divorced his wife and manager of three decades, Elizabeth Travis, back in 2010. He has since become embroiled in a lawsuit with her. In February, he was arrested after a Super Bowl party for public intoxication.

But none of the singer’s past embarrassments holds a candle to what recently happened – hopefully, his saga was far more dramatic than your own Long Beach DUI arrest.

Per reports from TMZ.com, someone discovered the country star lying nude on a Texas road near the town of Tioga. The witness described what he saw to 911 operators: “it looked like a deer at first, but as it came by it looked human. I want to say it was a white male, light brown hair, but I’m not sure so sure. I want to say he had no shirt on, but I don’t know. I want to stay in the vehicle.”

Travis apparently had also gone into a convenient store to try to purchase cigarettes – all while in the nude – but left because he didn’t have any money on him (probably not surprising, since he wasn’t wearing any clothing).

When police officers discovered him, he appeared to have the odor of alcohol on him and he showed other signs that could be considered classic symptoms of DUI in Long Beach or anywhere else. Unfortunately for the singer, when he was roused, he suddenly became belligerent, and he fought with police and even threatened to murder two of the Texas Troopers.

Not something you want to be doing!

So what will become of Randy Travis’s career and life following his DUI escapade?

Fortunately for the singer, at least some of his fans are standing beside him. One fan actually posted his bail of over $21,000. Another fan gave Travis a Texas Long Horn’s hat to help “re-clothe” the crooner. Obviously, it’s impossible to discern more details about the case without investigating it closely – or at least waiting for the investigation to be done. But do remember that Travis likely still has lot of options at his disposal to rehabilitate himself, clean up his image, get his life back together, etc.

You need to recognize this reality for many reasons. First of all, if you’re currently struggling with a Long Beach DUI charge, you’re likely pretty scared and depressed and confused. You might feel like things are never going to get better – that you can’t see the light at the end of the tunnel. Recognize that people have almost certainly come back from far worse things than you have experienced. People have come back from lengthy jail sentences, bankruptcy, personal devastation, etc, to lead happy, compassionate, long, healthy, and fulfilling lives.

The key lies not in solving your problems all at once but in making incrementally better decisions and charting a course for self growth and self improvement.

To that end, you might find it very useful to consult with attorney Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers. Not only is Michael Kraut an experienced Long Beach criminal defense attorney with a track record of success and a Harvard Law School education, but he is also a compassionate guy who wants to understand your situation and help you as a person.

Mr. Kraut spent over 14 years of his life as a prosecutor of DUI crimes and other crimes in Los Angeles, so he is no “softie.” On the other hand, his versatile experience gives him a very novel perspective on his challenges of DUI in Long Beach and elsewhere.

August 20, 2012

After Your Burbank DUI, Hopefully, You Did Not Threaten to Kill the Officer Who Stopped You, Like Rick Springfield Allegedly Did…

by Michael Kraut

No doubt, your Burbank DUI arrest was one of the lowest moments of your life.

You’ve always worked hard, tried to do the right thing, and taken care of yourself. But you’ve also faced obstacles that a lot of people have never had to deal with. Now you’re facing a fresh new challenge that has the possibility of resulting in your imprisonment as well as all sorts of other inconveniences, such as fines, the suspension of your driver’s license, mandatory alcohol education classes, a spike in your already nearly usurious auto insurance rates, and on and on.

Take a step outside of your own situation for a second and consider the recent arrest and legal saga of “Jessie’s girl” singer Rick Springfield. If you recall from our reporting from May of 2011, Springfield was busted for DUI in Malibu in his gorgeous classic 63 Corvette.

During the stop, Springfield allegedly threatened to kill the deputy sheriff. If you’ve been reading our blog recently, you will note that this is apparently a common theme now among celebrities pulled over for DUI in Burbank and elsewhere. Consider, for instance, our recent story about country singer Randy Travis, who allegedly told the Texas troopers who pulled him over that he would kill them.

In any event… in spite of the charges against him and other difficulties, Springfield’s DUI case had a happy ending – as far as Springfield is concerned. He managed to cut a plea deal with Los Angeles prosecutors. He plead guilty to a reckless driving charge instead of a DUI.

Springfield, as part of that deal, will have to go to a two month traffic program and endure a 3 year probation stint. Plus, he still got hit with a reckless driving charge – a misdemeanor – so if he gets arrested again for a different crime, he could face serious issues because of his prior.

But there will not be an alcohol impairment charge on his record. He will get to keep his license. He won’t be spending time in jail. And he can begin to reassemble his reputation and move beyond the event.

Can an experienced and respected Burbank DUI criminal defense lawyer do the same for you – get your charges pled down or even dismissed?

So there is no “abstract” answer to this question. Opportunities to build an effective defense could abound. For instance, maybe the Burbank breathalyzer test used on you was flawed in some way or mis-calibrated, in which case you might be able to challenge that evidence. Or maybe the police made a mistake while booking you or did something Unconstitutional. Or maybe you can strategically work out a plea deal by demonstrating contrition and negotiating in a savvy, effective way with prosecutors.

The important thing to remember is that what’s past is past.

You cannot go back in time – even in a car as fast as Springfield’s 63 Corvette String Ray, unless it so happens to be equipped with a flux capacitor, which is highly unlikely. So you need to deal with your situation: what’s “true now” for you.

Odds are, however, that you’ve never faced a problem quite like the one you are facing now.

So what do you do?

You may need an experienced Los Angeles DUI lawyer yourself — someone who the empathy and compassion to listen to you and the experience and track record to get results.

Attorney Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers embodies both those elements. Mr. Kraut’s services embrace what business thinker Jim Collins might describe as the “Genius of the AND” – in that he is both a terrifically smart guy (Harvard Law School educated) and a compassionate advisor who helps clients really understand their challenges on a deep level.

Mr. Kraut would be happy to discuss your case and give you a powerful free consultation.

August 15, 2012

Does Your Burbank DUI Mug Shot Look As Good As Cat Cora’s Did?

by Michael Kraut

So many aspects of the Burbank DUI experience can be so frustrating and humiliating.

Take the DUI mug shot. Even celebrities can get tripped up by it. Consider Nick Nolte’s famously disheveled DUI portrait, for instance. This notorious example of “disheveled DUI chic” was funny to the world but no doubt devastating to Nolte.

On the opposite end of this spectrum, perhaps, is celebrity chef Cat Cora’s new DUI mug shot, which went viral a few weeks ago because the Food Network star (and co-host of “Around the World in 80 Plates”) looked fresh faced, pretty, even exuberant in her pose.

About Cora’s Arrest
Back in June, Cora rear-ended a BWM up in Santa Barbara. Officers who responded to the incident tested her with two breath tests: the readings showed 0.19% BAC and 0.20% BAC, respectively.

Just to remind you, per California Vehicle Code Section 23152(b), the legal limit for a Burbank DUI is 0.08% BAC. So Cora tested at practically 2.5 times the legal limit.
Adding insult to injury, Cora allegedly called the people she hit “nerds” – at least according to initial reports from the website TMZ.com. She later released a statement to a cable news network: “I deeply regret my decision to drive that evening, after my designated driver became unavailable… I learned a very important lesson from this experience and take full accountability for my actions. This will never happen again.”
Beyond the standard aspects of her DUI situation, what really caused a stir on the blogosphere, was that she waited 11 days after her arrest (on June 17th) to take her mug shot. CA law permitted this, since Cora had no previous DUIs on her record.
Cora also managed to side step any time in jail: she was taken to the Sobering House in Santa Barbara, instead.

Your Burbank or Glendale DUI situation might be a tad different.

If you get convicted of driving 2.5 times the Burbank DUI limit, prepare to face serious penalties, even if this is your first time ever getting in trouble with the law.

First time offenders here in Los Angeles can lose their licenses for a year. They can face months behind bars; months of alcohol school and probation; thousands of dollars in fines and fees; compulsory installation of an interlock ignition device in your car, which you must pay to maintain; and other “not great stuff.”

By the way, this is the punishment just for a standard misdemeanor Burbank DUI!
If you hurt someone, committed a second or third offence, resisted arrest, or engaged in additional criminal behavior, your penalties can get significantly ratcheted up.

What should you do?

Every case has unique facets and intricacies. An experienced Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is standing by to listen to your story and give you a confidential, free consultation about your rights and potential legal strategies. Attorney Kraut is a successful, well respected defense attorney (a Harvard Law School educated former prosecutor, on top of that), and he can start you on the course to reclaiming your life and rehabilitating your reputation.

August 13, 2012

Detroit Lions’ Eric Wright Got His Los Angeles DUI Charge Dropped? What about You?

by Michael Kraut

On the Monday before last, the Los Angeles County District Attorney dropped Los Angeles DUI charges against Eric Wright, a former cornerback for the Detroit Lions.
Per the Los Angeles Times, Wright had gotten into a car crash near the Staples Center. Police said he refused to take a Los Angeles DUI breathalyzer test or submit to a field sobriety test.

Since the car accident caused an injury to someone, Wright was initially hit with a felony DUI charge. As regular readers of this blog know, standard misdemeanor DUI charges (per CVC 23152(a) or 23152(b)) can be bumped up to felony DUI counts (per CVC 23153(a) or 23153(b)). You probably are familiar with the distinction between misdemeanor and felony convictions. But you may not “get it” viscerally. Please understand: convicted felons lose important rights (e.g. the right to vote), and they can face over a year behind bars.

In any event, Wright is lucky that no charges were filed, since he could have potentially faced disciplinary actions from the National Football League. He just signed a $37 million deal with the Tampa Bay Buccaneers for a five year contract – a contract, which presumably might have been jeopardized had he been charged and convicted.
This blog has reported on a prolific number of NFL related DUI offences this past year or so.

The Detroit Lions in particular seem to be prone to getting into DUI related trouble. Aaron Berry, the cornerback positioned to replace Wright on the Lions’ squad, got hit with a DUI charge the previous Saturday and slapped with additional counts of failure to stop, failure to give information to police, and causing damage to an unattended vehicle.

Will you likewise be able to get your Los Angeles DUI charge dismissed or pled down to a lesser offence?

There is really no way of knowing, unless you talk to an experienced and thorough Los Angeles DUI criminal defense lawyer, like Mr. Michael Kraut of LA’s Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028).

Why work with the Kraut Criminal & DUI Lawyers?

• Attorney Kraut served as a prosecutor for 14 plus years before taking on criminal defense cases. As a result of his experience as a prosecutor, he understands the kinds of strategies that will be used against you, and he can prepare you effectively;
• Mr. Kraut is Harvard Law School educated;
• Mr. Kraut has won extensive plaudits from his legal peers, prosecutors, judges, and the lay press;
• Mr. Kraut can provide a free and confidential consultation to you to help you regain some peace of mind and develop a smart strategy to get out of your mess.

August 6, 2012

Glendale DUI Celebrity News: Ted Nugent’s Drummer Hit With a Golf Cart DUI Charge

by Michael Kraut

As regular readers of our Glendale DUI blog know, golf cart DUIs are surprisingly common, both here in the Southland and throughout America. The crime sounds a bit preposterous – like something out of a Caddyshack outtake, perhaps. But we keep seeing examples of it in the news. For instance, Sunday night before last, Mick Brown, the 55-year-old drummer for classic rock icon Ted Nugent, got hit with golf cart DUI up in Bangor, Maine. Brown’s story is more than a bit humorous – it reads like a stereotype of the “classic rocker bad boy breaking the law.”

According to police reports, Nugent stole a golf cart and drove it on a footpath recklessly, while DUI. Police officers tried to stop the runaway drummer, but he “sped past them” on his cart and even pushed a security officer aside. Eventually, two security officers grabbed Brown and pulled him off. He was riding with two females (of course).

Brown was arrested on a smorgasbord of charges including: