Driving Under the Influence of Alcohol

July 30, 2012

More NFL Glendale DUI Drama: Marshawn Lynch Slapped with a DUI in California

Driving under the influence in Glendale or anywhere else in California can lead to conviction under California Vehicle Code Sections 23152(a) or 23152(b), which can result in serious jail time, fines, fees, and other radically harsh punishments – even if you didn’t hurt anybody and even if you were just “a little bit” over the limit.

On the one hand, it should a “no brainer” to avoid driving DUI. On the other hand, it’s a relatively common offense – even among famous politicians and athletes and celebrities. Consider, for instance, the debacle that has been the National Football League: since the conclusion of the Super Bowl back in February, there have been 27 DUI-related arrests of NFL players. One of the folks caught up in the dragnet is Marshawn Lynch, a runningback for the Seattle Seahawks. He was hit with a charge of DUI in California up in Alameda County (Emeryville).

According to news reports, officers saw Lynch weaving around I-880 in a Ford Econoline van. CHP officers said that Lynch almost crashed into two other vehicles on the road before cops stopped him. He was put through the paces of a field sobriety test, arrested, booked, and then tested again with a breathalyzer test while in jail. Lynch’s attorney stated that his client was under the 0.08% BAC limit that defines the limit for DUI in Glendale and elsewhere, per CVC 23152(b).

But Lynch will likely face additional challenges due to his criminal history. Back in 2009, Lynch pled guilty to a misdemeanor gun charge here in Los Angeles and got 80 hours of community service along with a multiple game suspension. Back in 2008, he hit a woman with his car in Buffalo, NY and then drove off – resulting in a hit and run charge.

Will the discrepancies in Lynch’s blood alcohol tests ultimately help him get the charges dropped? Will his past criminal history and other brushes with the law impact his legal fate?

At this point, it’s impossible to know. His court date is scheduled for August 14th.

What you can learn from Lynch’s situation, if you have been charged with driving under the influence in Glendale?

The main takeaway is that subtleties about your arrest (or accident) — as well as your background — can dramatically influence your ideal strategic course, legally speaking. For instance, if the Glendale breathalyzer test that officers used on was miscalibrated or otherwise inappropriately handled, you might be able to build a case to get the breathalyzer evidence dismissed entirely (and thus possibly get your charges dropped or substantially reduced). On the other hand, if you can’t make that argument, you will need to find to some other way to develop a defense.

Very few people have the same sense for the subtleties of Glendale DUI law than attorney Michael Kraut of Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Mr. Kraut is a Harvard Law School educated lawyer who is often quoted in publications like the New York Times and the Los Angeles Times as a DUI expert. He is also a former city prosecutor – that means that he understands the mindsets and motivations of those who will be prosecuting you.

July 25, 2012

The Same Old Pasadena DUI Story, Different Place: 3 Doors Down Bassist Busted in Mississippi

by Michael Kraut

A Pasadena DUI arrest can be a folly or a tragedy, depending on your perspective.

Often, there are aspects of both folly and tragedy in the story. Consider, for instance, the arrest of Todd Harrell, the 40-year-old bassist for the rock group 3 Doors Down. According to a Mississippi police chief, Harrell was stopped at D’Iberville, MS after he flew through an intersection and hit a pickup truck. Harrell was not wearing his seatbelt.

The bassist just recently left 3 Doors Down due to reported health problems. Harrell helped form the group back in 1996 along with singer Brad Arnold and guitarist Matt Roberts. Harrell’s blood tests and toxicology report are both pending, according to the local Mississippi authorities. He was released on a $1,000 bond.

Fortunately, no one was serious hit or killed in the collision, although Pasadena DUI situations can often unfortunately end in disasters – like serious injury or death. In that case, a charge that ordinarily only be considered a misdemeanor DUI (per CVC 23152(a) or 23152(b)) would be ratcheted up to a felony charge per the Pasadena injury DUI statutes, CVC 23153(a) and 23153(b).

Even if you arrest was relatively straightforward — for instance, say you were stopped at a checkpoint near the 210 and you just barely failed a field sobriety test — you can still face suspension of your California driver’s license for over a year, major fees, court costs, fines, points on your license, a huge spike in insurance rates, and, yes, even jail time. Even first offenders who don’t hurt other people can be compelled to spend serious time behind bars.

And if there was anything that complicated your DUI charge — e.g. you were extremely intoxicated, you hurt someone, you have a conviction for DUI on your record – then prosecutors can really go after you and make your life very challenging. While even the most effective Pasadena DUI criminal defense attorney cannot make miracles happen, your choice of lawyer can be pivotal.

Turn to Pasadena DUI criminal defense lawyer – and former L.A. city prosecutor – Michael Kraut for help. Mr. Kraut has the wherewithal, skills, and resources to put together a powerful defense for you. Connect with the Kraut Criminal & DUI Lawyers team today for a free, confidential, and thorough consultation (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899).

July 18, 2012

A Contraption to Douse Burbank DUIs? Could Wisecracking Urinal Cakes Be the Answer?

by Michael Kraut

Policymakers, police, and lawmakers are in a perpetual desperate scramble to stop Burbank DUIs. This is an admirable quest. Even an A-list Burbank DUI criminal defense attorney, like the Harvard Law School educated Michael Kraut of the Kraut Criminal & DUI Lawyers, would agree that reducing DUI arrests is a wonderful and important goal for our community.

Everyone wants the roads to be safer. The question is: how do we do it?

Once you get into the question of strategies, differences of opinion emerge!

One intriguing strategy got deployed over the 4th of July weekend in Michigan. It was an indirect strategy, intended to influence intoxicated men to call a cab, find a designated driver, or otherwise make smarter decisions.

How do these men access this font of wisdom? When they go to the bathroom.

That’s right — a company called Wizmark, based in Maryland, has been advertising wisecracking urinal cakes, which warn urinal “patrons” about the dangers of DUI in Burbank or Michigan or wherever. The message goes something like this: “Hey there, big guy! Having a few drinks? Then listen up. Think you’ve had one too many? Then it’s time to call a cab or a sober friend for a ride home.”

This message will certainly take restroom patrons for something of a loop. Who knows, maybe it will have some positive impact. The State of Michigan sure believes that the cakes will help – Michigan ordered 400 of the cakes to be deployed in various bars and eateries across the state.

Obviously, it’s important to test various mechanisms to try to thwart Burbank DUI events.

And thinking out of the box like this might even work. But when policy people lean on solutions without measuring results, they’re being unscientific. If policymakers really believe something like this might help, then they need to measure what happens in a controlled and sophisticated way that can be replicable and scalable.

Because if warnings like this do actually have a good effect – if they reduce DUIs by even just a small percentage – then maybe the program should be scaled up to a nationwide endeavor. Odds are, however, that this is an ad hoc experiment that’s not being carefully measured and controlled.

And therein lies a problem! Even sophisticated and seemingly useful tools, like the breathalyzer, are often highly flawed. Defendants often get confused about what test results might mean. That’s why it’s useful to at least talk to a Burbank DUI criminal defense attorney )2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) as soon as possible after your arrest, so that you can get informed about the realities of your situation.

July 16, 2012

An Object Lesson in How to Make Your Glendale DUI Situation Worse – Way Worse – Almost Instantly

by Michael Kraut

No one wants to get arrested for DUI in Glendale or anywhere else. But there is a time and a place for pleading your defense. And that time is not when police are waving you and other cars over to pass through a Glendale DUI checkpoint.

Consider, for instance, what happened the Sunday before last on Pennsylvania’s Route 413.

A 52-year-old man, John Connors (no relation to the hero from the Terminator series) blew through a sobriety checkpoint and nearly hit five police officers, according to the Pennsylvania State Police allegations. In court documents, police said that Connors blasted his red 2005 Dodge Dakota through the checkpoint “at a high rate of speed, causing officers to jump out of the way from being hit by the vehicle.”

Unsurprisingly, the police took off after him and chased him onto Snowden Avenue, where the SUV ran out of room. The driver hopped out of the truck and fled into a wooded region, where police ultimately caught and arrested him. Connors resisted, prompting an officer to taser him twice to stun him into submission for the arrest. After taking him into the car, police noticed an odor of alcohol, slurry speech, glassy eyes – typical symptoms of a Glendale DUI. They also allegedly found marijuana on his person.

Connors was hit with a diverse and scary battery of charges, including third degree felony fleeing and attempting to elude police, first degree misdemeanor DUI, misdemeanor reckless endangerment (second degree), and multiple other charges. And guess what his bail was set at? A humongous $150,000.

Now imagine if we dial back in time, and instead of fleeing the checkpoint, Connors stops at the checkpoint and deals with whatever comes his way. He might indeed get arrested for something like misdemeanor DUI – and he could still face serious punishments, including jail time and fines and other “unfun” stuff. But he wouldn’t be facing all of the extra counts – his legal situation would be monumentally simpler.

The takeaway for you, if you face Burbank DUI charges.

Even if it’s a day after your arrest – or a week after your arrest – your actions from here on out will determine and perhaps define how your arrest will ultimately impact your life, your freedom, and your self-development for years to come.

In other words, your DUI situation is not yet over!

To that end, it’s time to take sober, responsible action. Let the team here at Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) help you build an effective and strategic legal response. Attorney Kraut is a Harvard Law School educated former prosecutor who has a long and diverse history of helping clients like you succeed even in difficult circumstances.

July 9, 2012

Detroit Lions’ Aaron Berry Tagged for DUI – Lessons for Pasadena DUI Defendants

by Michael Kraut

Last week, 24-year-old Aaron Berry, a cornerback for the Detroit Lions, was arrested for DUI near the University of Pittsburgh after smashing into multiple parked cars. If you’re a defendant in a Pasadena DUI case – or you’re a friend or a family member of a soon-to-be-defendant – what lessons can we unpack from this NFLer’s situation?

First, a summary of what happened.

According to local news sources, Berry plowed his vehicle into multiple parked cars and then tried to flee the scene. Police caught up with him just a short distance away and arrested him. No one was injured. Berry hit with a DUI and charges for failure to stop and render assistance.

In the wake of the crash, Berry issued an apology through his agent, saying “This is not the example I want to set for young people, and it’s certainly not what my team and coaches expect from me. I promise to do everything in my power to make sure this never happens again.”

What are some of the implications of Berry’s arrest – implications that might be practical for you, if you’ve been busted for DUI in Pasadena or elsewhere in the Southland?

1. Your situation is probably not that unusual.

As this blog and other news sources have covered, NFL players are getting arrested in droves for driving under the influence recently – practically weekly. This problem is widely acknowledged by sports experts. But the point is that Berry’s situation is not without precedent – and your arrest is likewise almost certainly not without precedent.

2. Managing a charge of DUI in Pasadena is a process; there is no “magic pill.”

Berry’s situation is probably complicated – in addition to the apology he has made, he likely will have to jump through hoops to rehabilitate his professional and personal image. Likewise, even the most effective Pasadena DUI criminal defense attorney in the world cannot wave a magic wand and make everything right again in your world instantly. That said…
3. A great attorney can make an enormous difference.

The team here at the Kraut Criminal & DUI Lawyers in Pasadena (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you identify best practices, construct a tight and battle-ready defense strategy for you, and connect you with other resources to help you get things together.

July 4, 2012

Glendale DUI News Update: Could Porn Icon Jenna Jameson Face Year Behind Bars?

by Michael Kraut

If you’ve been charged with driving under the influence in Glendale or elsewhere, understand that you are not the only one to go through this experience. Porn icon Jenna Jameson was stopped and arrested in Orange County for DUI on May 25th – she was officially charged last week; if convicted, Jameson could face up to a YEAR behind bars.

According to reports, Jameson hit a light pole with her car. No one was injured in the crash. She subsequently failed a field sobriety test (FST) and got arrested on suspicion of DUI. Later, Jameson tested to have a blood alcohol concentration of 0.13%. The legal limit for Glendale DUI, as stipulated by California Vehicle Code Section 23152(b), is 0.08%. Police also identified two drugs in her system: suboxone and ambien. She faces one count of driving without a valid California license and two DUI charges.

What might Jameson’s arrest imply for your Glendale DUI defense?

1. First and foremost, the story highlights that how anyone – irrespective of class, status, income, etc – can find themselves instantly in hot water.

In the blink of an eye, you can find yourself facing penalties like jail time, license suspension, mandatory alcohol school, forced installation of an IID device in your car, harsh probation terms, points on your license, spiked insurance rates, and beyond. Whether you are Jenna Jameson or the President of the United States, California law does not discriminate.

2. The second point – and this is more subtle, but it’s also crucial – is that your past history can inform your defensive strategy.

Jameson is a celebrity who won acclaim in the pornography industry – as such, her persona and her past actions will almost certainly influence how her Glendale DUI defense attorney deals with her case.

Likewise, your past history, actions, and behaviors will shape the way that you should structure your defense. If you’ve committed multiple priors – or if you have a history of “causing trouble” – you’ll want to develop a different strategy than you will if you are facing your first defense.

3. There are a dizzyingly diverse numbers of elements that will influence your battle plan.

That’s why it’s almost always a good idea to work with a respectable Glendale DUI defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123).

Attorney Kraut is a great resource; connect with his team for a free and confidential consultation regarding your best next steps.

July 2, 2012

General Anxiety and Depression After Pasadena DUI: What’s Going On?

by Michael Kraut

After recently being arrested for driving under the influence in Pasadena – or perhaps getting tagged for DUI near USC or UCLA – you’re having difficulty sleeping and stressing about your future. You may even be having feelings of depression that are seemingly unrelated to your recent DUI arrest.

Why? What’s going on?

For instance, maybe you’ve been wistfully recalling a break up with an ex-girlfriend or ex-boyfriend. Or maybe you’ve been just feeling homesick or whatever. Where does this generalized anxiety and depression come from? Is it related to your Pasadena DUI? What can you do to gain control of your legal situation and protect your driving privileges? And how can you feel back in control after the events of the past few days or weeks?

Feeling “out of control” is often a symptom of deeper needs not being met
In this article, you will be introduced to a very cool tool to “help you drill down” to get to the root source of your post Pasadena DUI dissatisfaction. You will also get to meet a premier Pasadena DUI criminal defense attorney – more on that later.

First, crystallize in words one problem related to your “post DUI” malaise. Just take out a piece of paper right now – or a word document – and write down what’s on your mind that’s causing you anxiety. For instance:

1. “If I lose my license, I have no idea how I’ll get to school.”
2. “I’m terrified about going to jail – even for a few days.”
3. “I don’t know how I’m going to tell my parents about my DUI.”

On your own, go through the following exercise with all the statements you come up with. We’re only going to do one “drill down” in this blog post for brevity’s sake.

So pick one statement – we’ll go with the third statement here – and start to drill down by asking yourself questions about it. Specifically, ask yourself WHY the issue concerns you. This is an iterative process. So once you get to a reason, you want to get to the root of that reason and so forth and so on.

#1: I’m terrified to tell my parents about my Pasadena DUI.

Why?

#2: Because my parents won’t understand; they’re going to yell at me and cut off my tuition.

Why are your parents not going to understand and cut off your tuition?

#3: Because my dad already thinks that I’m slacking off at school.

Why does your dad think that?

#4: Because he’s always told me that I’ve been squandering myself out here in Los Angeles, and that I should have taken a job as an engineer back home.

And why is that a problem for you?

#5: Because I want to be able to be left alone and do my own thing and not be constantly judged!

Do you see how this exercise drills down to deeper emotional truths?

In our fictional example, the DUI defendant reaches an epiphany about his relationship with his dad – and even gets to a deeper need about wanting to be independent.

Having this kind of self realization is critical. Once you surface that need and meet it somehow, perhaps you’ll be less likely to become a recidivist Pasadena DUI offender.

If you’re just looking for brass tacks – help to get out of your legal jam – consider connecting immediately with the professionals at the Kraut Criminal & DUI Lawyers. Attorney Kraut is a former city prosecutor for Los Angeles – a senior Deputy District Attorney, in fact – and he has helped many people in very similar situation to yours get clarity and get results.

June 25, 2012

Pasadena DUI News: Extreme BAC Level Shocks Arizona Cops

by Michael Kraut

Were you recently stopped and arrested for driving under the influence in Pasadena? Did you have to submit to a breath or blood alcohol test? If so, odds are that your BAC was substantially lower than 0.328% – the reported BAC level of a 52-year-old Arizona man caught speeding on County Route 1 in Mohave County, AZ.

According to reports, police pulled Scott Jarc over at around 4 AM and noticed an extreme smell of alcohol coming from his vehicle. “Odor of alcohol” is one of the classic symptoms of Pasadena DUI, by the way.

Jarc admitted to having consumed alcohol earlier in the evening, and field sobriety tests confirmed the suspicions. Jarc’s BAC reading of 0.328% was four times the legal limit for DUI in Pasadena, as defined by California Vehicle Code Section 23152(b), of 0.08% BAC. As a result of this extreme BAC, he got hit with four different charges, including standard DUI of 0.08%, DUI over 0.15%, and DUI over 0.20%. Authorities said that Jarc was lucky to have survived that amount of alcohol in his system – guidebooks suggest that 0.35% BAC is the equivalent of a surgical anesthetic, and that level can lead to coma or death. At 0.40% BAC, you can suffer respiratory arrest and other serious medical problems, including death.

Jarc’s extreme BAC is actually not the most extreme BAC ever recorded on a DUI driver or other person. In fact, in one of our blog posts about a year ago, we reviewed even more extreme BAC cases – people who allegedly had BAC levels of over 0.80% or even above 1%! Seems impossible, but apparently people have sustained that level of intoxication and survived.

Bouncing back after a Pasadena DUI charge is not easy to do, particularly if your charge is complex or confusing. The positive news, if that’s even an appropriate word to use, is that the professionals at the Kraut Criminal & DUI Lawyers in Pasadena (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you manage your next steps effectively. Michael Kraut is an ex-prosecutor for Los Angeles – he actually served as a Senior Deputy District DA. Connect with Attorney Kraut today for an immediate, complete, and stress-reducing complimentary consultation about what to do next.

June 20, 2012

DUI in Los Angeles? No, But Commerce Secretary John Bryson Could Face a Felony Hit and Run Charges

by Michael Kraut

The Saturday before last, US Commerce Secretary John Bryson got involved in two minor traffic accidents which may net him felony hit and run charges — and land him in jail for over a year!

Bryson’s situation technically does not involve DUI in Los Angeles — although alcohol tests are pending, according to the police. The case is fascinating in many ways; if you’ve been hit with a charge of driving under the influence in Los Angeles or Burbank or elsewhere, you can learn a lot from studying its nuances.

The Commerce Secretary, who oversees a $75 billion budget and nearly 50,000 employees, slammed into the rear of a Buick, which had been waiting for a train. Bryson apparently left the scene of that first accident and drove nearly two miles into Rosemead, where he hit a Honda Accord and minorly injured a passenger. The driver of the Buick (the first car that got hit) tailed Bryson and called 911.

Medical Condition? Was a Seizure to Blame?

Police found Bryson alone and unconscious at the scene of the second accident. Initial reports suggested that he suffered a seizure or some other medical problem. This issue possibly provoked both accidents. Reports indicated that he “appeared disoriented” after he hit the Buick. In the wake of the roadside drama, Bryson has taken medical leave. After the dust settled, the Obama administration weighed in with statements of (terse) support.

What Bryson’s situation might mean if you are facing DUI in Los Angeles charges.

First of all, no one’s immune to laws like California Vehicle Code Section 23152(a) and 23152 (b). In other words, celebrities, high profile politicians, business tycoons and “everyday folk” are all required by law to avoid driving under the influence of alcohol and drugs and to avoid driving with a blood alcohol concentration of 0.08% or greater.

The second lesson is that Los Angeles DUI cases are often far more complicated than news summaries suggest. Indeed, Bryson’s case already seems fraught with nuances. What was his serious medical condition? If he had known that he had such condition, should he been driving in the first place? Did the condition cause or contribute to the first crash or just the second… or neither or both? And on and on. Likewise, speculation about your particular Los Angeles DUI case may be intense.

Lastly, your choice of Los Angeles DUI defense attorney – and the speed with which you make that choice – can have a significant impact on your capacity to handle legal speed bumps, protect your license, and shield your other rights. Former L.A. Deputy District Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is providing a free and confidential consultation for drivers who are struggling with DUI charges. Attorney Kraut is an ex-prosecutor who has excellent relationships with his former colleagues and other legal peers; he is often quoted as a DUI authority on KTLA news, Fox News, New York Times and Los Angeles Times.

June 15, 2012

The Fallout of Justin Blackmon’s DUI: Urgent Lessons, If You’ve Been Booked for Burbank DUI

by Michael Kraut

Getting arrested for DUI in Burbank (or anywhere else in California) can feel terrible.

But the legal and logistical “hangover” from the arrest can often feel worse. The sense of uncertainty — the diverse and severe threats hanging over your head — can make you wish that Marty McFly’s “flux capacitor” existed in real life, so you could go back in time and prevent your DUI from ever happening.

It’s possible that ex-Oklahoma State football player, Justin Blackmon, feels this way, too.

Last weekend, Blackmon — who had just been drafted by the Jacksonville Jaguars — got busted for driving under the influence in Stillwater, Oklahoma, after police saw him driving nearly twice the speed limit and swerving into oncoming cars. The officer who pulled Blackmon over reported noticing an odor of alcohol. He said that Blackmon had watery, red eyes, and that he admitted to consuming alcohol prior to driving. If you were recently put through the paces of a Burbank DUI field sobriety test, you probably could relate to the helplessness he likely felt.

After getting arrested, Blackmon blew a staggering 0.24% BAC on a breathalyzer test – that’s thrice the limit for Southern California DUI, as defined by California Vehicle Code Section 23152(b). What’s worse, Blackmon reportedly argued with the police. Aside from his legal trouble, he now faces potential career trouble. Sports reports suggested that the Jaguars may now present with him with a lowball offer during his contract negotiations. An official with the Jaguars told a sports network that “[Blackmon is] going to have to fess up, take ownership of the situation, and lay out a course for dealing with this thing “head on” or potentially risk serious trouble with the Jags.”

In the wake of his misdemeanor DUI arrest, he was also asked to meet with the GM and head coach of the team.

The potential punishments for your Burbank DUI conviction – even if you did not aggravate the DUI by harassing an officer, hitting someone, hurting someone, or doing something else flagrant and, in retrospect, dumb – can be terrifying and scary. It’s not just that you can face jail time, even if this is your first DUI, and you did nothing else wrong.

It’s that the long-term consequences for your license, your freedom, your insurance rates, your reputation, and your career prospects can dog you for years.

While a Burbank criminal defense DUI attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) obviously cannot promise solutions, Attorney Kraut has a reputation for being able to deliver fantastic, aggressive, and empathetic service. As a former Deputy District Attorney (city prosecutor) and regular contributor to well-known media, like the Los Angeles Times, Fox News, KTLA News – Attorney Kraut has the knowledge and understanding to help you put up the stiffest possible defense.