Driving Under the Influence of Alcohol

January 20, 2012

Could It Happen in Pasadena? Fatal DUI Involving Horse and Truck Nets Man 14-Year Sentence

The number of ways a Pasadena DUI accident could lead to injuries and fatalities is vast. Probably infinite. But there are certain types of accidents that are very unlikely to occur. For instance, DUI snow-cat arrests are zero every year because of Pasadena’s year-round warm weather.

What about horses?

Could Pasadena witness a DUI accident or fatality involving horses or other riding animals? The question does have some public interest. Consider that last week, Illinois authorities sentenced a Michigan man to 14 years in jail for killing a female horse rider while driving a truck DUI.

According to an AP report, Angus Lake had been partying one night in April last year at a local Michigan racetrack. Two women at the same party went out to ride their horses. Confused, Lake went to search for them in his truck. Bad idea. He ran into 25-year-old Michelle Eustis on her horse, killing her and seriously hurting the other woman. Prosecutors allege that Lake’s BAC was nearly twice the legal limit for Illinois (or Pasadena) DUI of 0.08%.

Injury DUIs in Pasadena are charged according to a special set of laws, California Vehicle Code Sections 23153 (a) and 23153 (b). Technically speaking, as a Los Angeles DUI lawyer will tell you, these CVC codes are distinguished from the “standard” Pasadena DUI CVC codes by just a single digit – 23153 instead of 23152. Don’t be fooled. 23152 and 23153 are worlds apart in terms of what they mean for sentencing. For instance, the difference for you could mean a misdemeanor charge and a felony charge (which can radically alter your life in ways that misdemeanors cannot).

Of course, myriad factors go into prosecutorial decisions. How did the injury accident happen? Was the other driver at fault or partially at fault? How were the BAC tests conducted? Were they properly calibrated? Did the officers make any errors of procedure or somehow violate your constitutional rights? The questions are seemingly limitless.

To meet your challenges, therefore, it really helps to connect with an experienced Pasadena DUI defense attorney, such as the Kraut Criminal & DUI Lawyers’s Michael Kraut. Attorney Kraut is a Los Angeles DUI lawyer who has worked in the trenches of Southern California DUI Law for nearly two decades. He spent 14+ years as a Deputy DA for the city prior to switching to help criminal defendants in his role with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899).

January 18, 2012

No Kidding Around: Long Beach DUI Progress Hearings Must Be Attended. Just Ask Kid from Kid ’n Play

by Michael Kraut

Kris Reed, aka “Kid” from the famous 1980s rap duo Kid ’n Play, was arrested last August for driving under the influence near the Long Beach area. The tabloids did not cover this much at the time; indeed, this blog – normally eagle eyed regarded all things Long Beach DUI – did not carry the story, either.

But now the situation has changed. According to a breaking report from tmz.com, a warrant has been issued for the rapper’s arrest, pursuant to charges that he failed to attend a progress hearing on his 2010 arrest.

As TMZ reports, Reed made the exact same mistake last July, when he no show-ed at a different court hearing. Reed made light of his situation, telling a reporter for the celebrity gossip website: “I’ve got DUIs I’m ducking!”

As any Los Angeles DUI lawyer will tell you… and as this blog has reported innumerable times – especially with respect to Lindsay Lohan’s never-ending, tragic DUI ring cycle — Long Beach DUI defendants often make their situations vastly more complicated by failing to follow simple instructions from their attorneys and abiding by the law on and off the road.

The fact is that a Long Beach DUI – even one involving significant damages and injuries – does not have to mean the end of your license, your career, or your record of good citizenship. Indeed, when properly approached, a Long Beach DUI arrest – and even a conviction – can be a profoundly pivotal point in your life – an opportunity to learn more about yourself, to strengthen your resolve, to rededicate your life in a positive fashion. Prosecutors and judges do recognize when defendants are sincerely contrite. If you take the steps to defend yourself properly (with the help of an experienced Long Beach DUI criminal defense attorney) and address the root problems that got you into trouble, you may walk away from your experience happier, more conscientious, and more focused on success.

Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you develop and execute a common sense, highly strategic approach to your defense. Mr. Kraut is a former prosecutor and current Los Angeles DUI attorney. He was educated at Harvard Law School. He has a fantastic record at jury trials and has won great respect from his peers in the legal community.

January 16, 2012

Burbank DUI Defense Lessons from Shocking Arrest of Atlanta Beach South Carolina’s Mayor

by Michael Kraut

Most people believe, without a shred of a doubt, that “a Burbank DUI would never happen to me… or anyone I respect.” This kind of thinking is understandable. After all, DUIs are only something that careless celebrities and recidivist alcoholics get. Right?

Think again.

In fact, the diversity of Burbank DUI defendants is far vaster than most people realize. Defendants have included sports heroes, political figures, (yes, celebrities), “responsible” housewives, business people, homeowners, senior citizens, and practically everyone in between.

Even politicians can find themselves in great legal disarray due to poor decision-making. Witness the case of 62-year-old Retha Sturdivant, the mayor of the South Carolina town of Atlantic Beach. South Carolina police officers allege that they saw Sturdivant stop her SUV at green lights multiple times. After witnessing this very odd – and certainly dangerous – behavior, officers stopped Sturdivant on the Main Street Bridge in the town of Conway. Police said that Sturdivant exhibited the classic symptoms of a Burbank DUI (and DUI anywhere in the country), including glossy eyes, lack of coordination, and a general lack of sharpness and responsiveness. Sturdivant was put through the paces of a field sobriety test. The officer who conducted the FST said, “The subject was swaying, used her arms for balance, and put her foot down many times.” Officers not only arrested the mayor, but they also found a diverse sampling of medications on her, including Percocet, Toradol, and Flexeril.

This is not the first time that Atlantic Beach’s mayor has come under the gun for legal problems. On Christmas 2007, she was arrested and put on probation. Last July 13, she also faced problems with her administration. According to the heraldonline.com, a Rock Hill, South Carolina, publication, “Her first attorney was disbarred and is serving jail time for trying to have a former law partner killed.”

Sturdivant also allegedly was involved in a hit and run accident April 2009. She was arrested and charged with driving under the influence, although those charges were later dismissed due to problems with the breathalyzer test.

She was also arrested back in January 2011 for trespassing on Town Hall itself!

Sounds like something of a disaster.

Unfortunately, individuals who are recidivist offenders – who break the law multiple times – run the risk of profoundly-life altering Burbank DUI penalties. “Escaping from the charges” might be a worthy goal, but ideally, you want to examine the root problems that have caused you to clash with authorities. You need to rectify those problems ASAP – not only to prevent getting into further trouble, but also to protect yourself and others in your community from harm.

Connect immediately with a Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to understand your rights and resources and begin the process of rebooting your life, career, and reputation.

January 11, 2012

Burbank DUI Arrests (And Arrests Across LA) Up By 9% Over New Year’s: What Does It Mean??

by Michael Kraut

According to California Highway Patrol estimates, 248 motorists were arrested under suspicion of driving under the influence in Burbank and elsewhere in Los Angeles over the New Year’s “holiday crackdown” period. Last year, over the same weekend, only 228 motorists were busted for Los Angeles DUI. As pundits have pointed out, this means that DUI arrests spiked by 9% over the 2011 numbers.

What does the spike mean, if anything?

First of all, take a step back. Without context for those statistics, it’s impossible to tell whether a 9% bump in arrests over any given weekend is statistically significant in any way – or whether it’s simply random statistical noise. Unfortunately, the media and many bloggers will make a mountain out of the molehill of these statistics, anyway. The headline “Burbank DUI arrests spiked 9%” will undoubtedly be leveraged to try to prove political points, spur interest in websites through Google searches, and generally sensationalize the situation.

We all, in some sense, understand that the media operates in a less-than-scientific manner when it discusses the ramifications and potential solutions for Burbank DUI. But often the “experts” themselves fall into a similar trap of extrapolating way too much information from poorly parsed statistics and research.

This isn’t to say that we can’t know anything about Burbank DUI or that people shouldn’t report on these stories or spin them. But it’s helpful to deal with numbers and reality instead of fantasies and spin, especially if you are a Burbank DUI defendant confused about your rights, responsibilities, and potential punishments.

Statistics can lead to insight and possible solutions, of course. For instance, a 2009 Centers for Disease Control and Prevention (CDC) analysis found that nearly 11,000 people died on US roads in 2009 due to alcohol influenced auto accidents. The CDC also argues that field sobriety checkpoints in Burbank and elsewhere can reduce DUI accidents by as much as 20%. So it’s not like reporters and policy makers are operating in a zero-information environment. Quite to the contrary, they collectively understand a lot more about Burbank DUI behavior and potential solutions.

If you have an urgent question about your Burbank DUI arrest, connect with an experienced and highly reputable Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to get help now. Attorney Kraut is a Harvard Law School-educated former prosecutor, and he has a nearly perfect record at jury trials and an excellent reputation among his legal peers.

January 6, 2012

The Karma of Burbank DUI: Lessons from the DUI Arrest (and Public Shaming) of ESPN Analyst Matthew Barnaby

by Michael Kraut

Let’s face it: The Burbank DUI process is quite technical and scary.

But if you simply study the law, you will not get a sense of how difficult it can be to face Burbank DUI charges. For instance, you might read a story in the news about a guy who gets pulled over for driving 0.14% near Victory Boulevard and how 0.14% BAC is nearly twice the Southern California legal limit, as defined by Southern California Vehicle Code Section 23152(b), and blah blah blah.

But what do those details really tell you? Not too much. They are dry and clinical.

Often, deep sadness, frustration, and anxiety underlie Burbank DUI incidences. For instance, consider one of last week’s biggest tabloid stories: Matthew Barnaby, a former NHL pro with the Buffalo Sabres, was fired from his job as an ESPN analyst after being arrested for driving under the influence in New York. Allegedly, he drove his Porsche Cayenne on the wrong side of the road – while missing a front tire, no less!

ESPN terminated his contract, effective immediately, and Barnaby might also face deportation to Canada, in part because of domestic charges stemming from a previous arrest. Earlier in the year, per the Buffalo News, Barnaby kicked down the garage door at the house of his estranged wife. Per an arrangement with the court, Barnaby agreed to 500 hours of community service and vowed to stay out of trouble.

Well, driving on the wrong side of the road while Burbank DUI with a car missing a front tire is basically the definition of trouble.

Without the backstory here – without knowing that Barnaby had struggled with domestic issues – his DUI would seem out of context and, in essence, random.

Once you understand a little bit about his history, the charges, at least superficially, seem to make more sense. Rarely are human beings motivated by pure caprice when they break the law. Often, there is an underlying factor – or factors – that cause or contribute to the situation.

To build your best defense, therefore, you may find it beneficial to speak with Burbank DUI criminal defense Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Mr. Kraut is a former Deputy DA (14+ years) and respected legal expert on the subject of DUI. Attorney Kraut can help you understand why you got in trouble in the first place and build the best, most strategic case possible.

January 4, 2012

481 Long Beach DUI Convictions?? Not That Many, but Still a Ridiculously Large Number…

by Michael Kraut

How many Long Beach DUI convictions should a person be allowed to rack up before that person is removed permanently from society?

This is not a purely theoretical question. In fact, a Bloomingdale, Indiana man, 49-year-old William Dietrich, was sentenced last Monday with two decades behind bars for his 11th DUI conviction since 1982. A local newspaper summarized the checkered, disturbing history of the defendant: “In addition to the April charge, Dietrich received DUIs in McLean County in 1982, 1985, twice in 1986, 1989, 1991, 2000, 2002 and 2005. He also was cited for the offense in 2007…a conviction that resulted in an 8-year prison sentence.” Dietrich was released on parole in September 2010 on that charge, but returned to prison for violating the terms of his release after the 2011 charges.

Dietrich’s odyssey is not typical for a Long Beach DUI defendant. But his escalating punishments – and the reasons behind those punishments – serve as a powerful cautionary tale. Consider what Indiana attorney Jane Foster said about Dietrich’s situation: “[The State of Indiana] has made repeated efforts to stop and change this defendant’s behavior through fines, jail, prison, treatment, probation, parole and revocations of his license. Since he has refused to comply with the law and to stop driving under the influence, our office wanted him removed from society.”

California also has an escalating system of punishments. Any Long Beach DUI conviction is a blemish, and you could face jail time even for just one DUI event – particularly if you caused injury to someone else or engaged in other crimes while DUI, such as hit and run, assault, etc. If you get three or more Long Beach DUI convictions within a 10-year span, prosecutors might be able to charge with you a felony instead of a simple misdemeanor. This could be in addition to escalating penalties – hiking up your fines and fees, increasing the amount of mandatory alcohol school and the strictness of your probation, etc.

Dietrich’s odyssey raises questions about what can be done to stop and, ideally, treat seriously recidivist Long Beach DUI drivers. Why did treatment and rehab fail for him? Is Dietrich just a rotten apple? Or did the problems stem from ineffective punishment and/or treatment? All of the above? None of the above? Did he have brain damage or a mental illness? Without more information about his case, it’s impossible to judge.

And that, in essence, is the point.

If you or someone you care about has been arrested more than once for a Long Beach DUI, you need to drill down to the root of your problem. An experienced, compassionate 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) can help you come to terms with your charges and what to do about them. Attorney Michael Kraut is a well-known and well-respected former prosecutor.

January 2, 2012

Direct Burbank DUI Penalties: The Scary Stuff You Fear Most

by Michael Kraut

If you or someone you care about has recently been pulled over and arrested for driving under the influence in Burbank or elsewhere in Southern California, you are likely focused on potential penalties.

The punishments will depend on a vast and diverse constellation of factors. In this blog post, we will discuss some of the “level one” penalties you might expect. Southern California DUI penalties transcend simple issues of jail time, fees, and inconvenience. Unless you identify the root cause of your trouble and work with a responsible Burbank DUI criminal defense attorney, your crisis may only grow bigger.

But enough gloom and doom. Let’s get down to brass tacks. If you are a first time Burbank DUI offender and you get charged with a misdemeanor, the court can still impose a fearsome array of penalties. You may be held for 48 hours in custody with the possibility of up to six months behind bars. Your maximize fine: $1,000… on top of court costs, which can, in and of themselves, be way more than $1,000.

Your CA drivers license can be suspended for a full year. The court can impose six weeks (up to nine months) of alcohol school. You might face probation, both formal and informal, and, as of July 1, 2010, you may be forced to blow into a device called an interlock ignition device every single time you want to drive your car. Basically, the IID stops you from driving your car if you have alcohol on your breath.

The penalties for second-time, third-time, and fourth-time DUI offenders within 10 years ratchet up substantially. Again, the degree to which they will be elevated depends on the nature of the offense and the circumstances. For instance, if you just collect two, non-injury misdemeanor DUIs within an eight-year period, you may be able to battle back pretty effectively. On the other hand, if you hurt someone while driving DUI in Burbank, you may be subject to extra penalties under CVC 23153 (a) and 23153 (b). If you prove to be a recidivist offender, you could be forced to spend up to a year in jail, or your misdemeanor could be even be converted to a felony, and you could be forced to spend even longer behind bars.

You don’t need a blog post to make these penalties sound foreboding and scary.

The threat of jail time alone is enough to terrify most ordinary Angelenos. The threat of fines and court costs is disheartening and terrifying in its own right, particularly if you have a mortgage to pay, creditors nipping at your heels, kids in school, etc. The threat of having your license suspended is obviously horrifying. In Los Angeles, we depend on our cars to go to work, meet our obligations, and go grocery shopping. The threat of probation is annoying at best and a massive inconvenience at worst. Going to alcohol school is also inconvenient, even if it can be useful.

For help piecing together your best Burbank DUI defense, connect with attorney Michael Kraut at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Connect with this former prosecutor today to begin your journey to protect yourself against these frustrating and scary penalties.

December 30, 2011

4 Biggest Beverly Hills DUI Stories of 2011

by Michael Kraut

Celebrities often do awful, and awfully crazy, things. In 2011, we saw some crazy and scary Beverly Hills DUI stories. In this post, we will review four of the year’s most scandalous celebrity moments.

1. Lindsay Lohan – Still Reeling from Her 2007 Los Angeles DUI
Unless you were living under a rock, you tuned into the Lindsay Lohan’s seemingly never-ending Los Angeles DUI probation violation saga. Ms. Lohan’s 2011 got off to a bad start on January 22, when she allegedly pilfered a necklace worth $2,500 from a store in Venice. She pleaded not guilty to the resultant felony grand theft charge, but the karmic dye had been cast for Ms. Lohan in 2011, and she proceeded to make headline after headline: she violated her probation, got sentenced, made tearful appeals, etc. Then she made headlines once again by agreeing to pose nude in Playboy for nearly $1 million. Her father, meanwhile, got arrested twice in one week for domestic violence charges.

Altogether, not a great scene for the Lohans in 2011.

2. Christina Aguilera – Watches as Her Boyfriend Gets Tagged for DUI
2011 was not a great year for pop princesses, was it?

On March 1, Christina Aguilera was arrested for public intoxication, while her boyfriend was tagged for DUI. Aguilera had come off of a rough 2010, but she rebounded magnificently in the latter half of 2011, thanks in part to her widely successful TV vehicle, The Voice. It goes to show that Beverly Hills DUI does not commit you to certain and permanent debauchery
3. Estella Warren’s Hit and Run DUI (with a Bit of Cop Kicking Thrown in There As Well)

Estella Warren, an actress in Planet of the Apes, was arrested for DUI back in May. She allegedly resisted arrest and kicked the cop who tried to handcuff her. Warren smashed her Prius into three separate cars and then drove away from the scene. All told, she got hit with charges of assault, felony escape, hit and run, and DUI.

4. Charlie Sheen – Not Busted for Beverly Hills DUI, but Might As Well Have Been
2011 was the year of Charlie Sheen’s epic, magnificent public meltdown. The year started out crazy, when Sheen was arrested after trashing his Las Vegas hotel room and partying with an adult film star. Charlie thus began a headline-grabbing rampage that included getting fired from Two and a Half Men after calling his boss “a contaminated maggot” among other things and then waxing similarly poetic (and vitriolic) about everyone from his ex-wife to Alcoholics Anonymous to Thomas Jefferson.

If you were arrested for driving under the influence in Beverly Hills in 2011, connect with a respected, highly successful Beverly Hills DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Michael Kraut is a former prosecutor with a terrific record at jury trials.

December 28, 2011

2011 In Memoriam: Burbank DUI Blog Reflects on the Sad Passing of Amy Winehouse

by Michael Kraut

Amid all the sordid (and often funny) stories of celebrity Burbank DUI, let’s take time to reflect on some of the sobering, tragic events of the past year. After all, it’s one thing to get lost in the stories about Demi and Ashton’s breakup, the rise and fall of GOP hopefuls like Herman Cain and Michele Bachmann, the discovery of earth-like planets just a few light years away, etc. But if we ever hope to make progress fighting Burbank DUI and making our roads safer, it behooves us to examine the scary and often fatal consequences of inappropriate relationships with alcohol.

Pop singer Amy Winehouse died July 23, after a long and very public battle with alcoholism and substance abuse. Winehouse won fame and admiration, thanks to her raw, sultry voice; her songs contain brutally honest confessions about her battles with her demons and voice defiant posture towards her addiction treatment. In her most famous song, “Rehab,” she sings “they tried to make me go to rehab: I said no, no, no.”

The authenticity of her voice and lyrics – the rawness and realness of her personal struggles with addiction – captured international attention because they made Winehouse a real, sympathetic, and dynamic character. These battles ring true for so many of us – particularly for those of us who have ever been arrested for driving under the influence in Burbank or elsewhere in the Southland.

Many of us understand firsthand how difficult it can be to face up to the root causes of our Burbank DUIs, and many of us are also plenty skeptical about typical rehabilitation programs, some of which have pretty abysmal track records. Some studies suggest, for instance, that Alcoholics Anonymous’ success rate may be as little as 5% over the long term.

What Winehouse’s ordeal teaches us is that we need to get help before our Burbank DUI problems metastasize and cause even more damage. Your journey begins with getting the right help at the right time. Attorney Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you uncover not only the best strategy for your defense but also the best strategy for rebuilding your life and solving the deeper problems that got you into legal trouble in the first place. Mr. Kraut is an experienced Burbank DUI criminal defense attorney – a former prosecutor with a Harvard Law School education – and he can help you solve your problems.

December 26, 2011

Like a Glamorous Beverly Hills DUI Story, but in Michigan: Former Miss USA Busted for DUI While Serving as a “Designated Driver”

by Michael Kraut

Americans love glamour and beauty, and we are fascinated by stories of “celebrities gone wrong.” Hence, our obsession with Beverly Hills DUI stories and news events involving pop princesses, celebutantes, fashionistas, powerful politicians, and others who get into trouble with the law. Sometimes, these stories are bittersweet; sometimes they are tragic, sometimes they are purely humorous. But we can learn a lot more from Beverly Hills DUI defendants than the tabloids (and even the mainstream news media) are willing to teach us.

Take the recent arrest of 2010 Miss USA, Rima Fakih. The 26-year-old captured America’s heart in 2010, but police captured her last week. Although police did not release details about the DUI arrest, the story is practically pregnant with object lessons for Beverly Hills DUI defendants and friends and family members of defendants.

According to the Detroit Free Press and other local news reports, Fakih had appointed herself designated driver last Saturday evening, when she went out with some friends. After noticing that her friend seemed too intoxicated to drive, Fakih took over the wheel. She quickly realized that she, too, was too intoxicated to drive. So she pulled the car over. Too late. Police had already spotted her, and she was quickly rounded up and charged with DUI. After news of her arrest broke, she, like so many Beverly Hills DUI arrestees – reached for her Twitter account to deny her reality: “Let’s clear things up now…I’m not in Michigan and I’m not in jail! Wrong Fakih.”

She later removed that post. But it’s instructive for us to talk about that.

We can see two lessons from here:

Number one, when people “have a few drinks” while trying to be a designated driver, bad things happen. In Fakih’s case, fortunately, no one was hurt and no property was damaged.

Number two, defendants can enter a period of abject denial after being arrested. This is a human reaction. But it can be a compromising reaction, in that you may do or say things after your arrest (because of your denial) that will compromise your ability to build a case.

To protect yourself and your rights, connect with the Beverly Hills’s Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Michael Kraut is an experienced, highly confident, Harvard Law School-educated Beverly Hills DUI criminal defense attorney. He served as a prosecutor for 14 years, so he knows how prosecutors will treat your case.