Driving Under the Influence of Alcohol

February 28, 2011

Pasadena DUI Gossip: Juicy DUI Stories from Last Week

Let’s face it: Most Pasadena DUI stops involve work-a-day misdemeanors – generally well-meaning folks who make errors in judgment or take undue risks. But sometimes, stories about DUI in Burbank, DUI in Pasadena, DUI in Los Angeles, and Glendale DUI take turns for the bizarre, spectacular, or simply queer. In this blog post, we will take a look at two standout DUI stories from last week and explore resources to help defendants develop better road habits and equip themselves with a proper legal defense.

Story Number 1: Beware the Ice-Cream Man
We all know that kids love the ice cream truck and parents fear it because ice-cream contains gobs of sugar, which has long been associated with obesity, diabetes, and a host of other health problems. But a Tampa Bay ice-cream truck proved unusually dangerous last week for a totally different reason. On Monday afternoon, the police pulled over a Sub-Zero ice-cream truck in Tampa Bay driven by 49-year-old Ronald Purdy, after Purdy nearly plowed into a child awaiting his tasty treats. Deputies who arrived at the scene tested Purdy to have a blood alcohol constitution of 0.227% and found two open bottles of whisky in his truck. Yikes.

Story Number 2: Real housewives get in real big trouble
Star Magazine reports that Marysol Patton, a 44-year-old star of the Real Housewives of Miami, was arrested in January 2010 for DUI in Miami Beach. Patton’s mother, Elsa, also got arrested in 2010 for DUI (October). The 76-year-old pled not guilty and got her charge dismissed, when the officer who pulled over failed to show up. Meanwhile, Marysol and her mom had even more company – Philippe Pautesta, Marysol’s boyfriend, also got charged with DUI last year and drove away from the scene of an accident.

The ice-cream truck story and the story about the Real Housewives’ DUI mess suggests that many people might still be confused about what exactly constitutes the crime of driving under the influence. If you have one drink, does that make you too intoxicated to drive? What about two? Three? Clearly, four would…right? The answer has less to do with the number of drinks you have than your degree of impairment and your blood alcohol concentration.

California Vehicle Code Sections 23152 (a) and 23152 (b) define the crime of driving under the influence in Pasadena (and elsewhere in California) and spell out the penalties that offenders will face. If you are too impaired by drugs or alcohol to drive, you violate 23152 (a). If your blood alcohol concentration is greater than 0.08%, you violate 23152 (b). Do note that ice-cream truck driver Ronald Purdy allegedly had a BAC of more than 0.22% – nearly three times the CA limit.

Discussing your DUI case with an experienced Los Angeles criminal defense attorney is a smart and probably necessary first step for you, if you face charges. Get in touch with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) to set up a free case evaluation to build your Pasadena DUI defense. Mr. Michael Kraut has a fantastic record at jury trails – a 99% success rate – and he is a former prosecutor who has a Harvard Law School education. In other words, he has both formidable credentials and proven “on the ground” results. Let him help you figure out your best next steps.

February 18, 2011

Long Beach DUI Sports News – Bobsledding Champion Pleads Guilty to DUI, Narrowly Avoids Half Year Jail Sentence

by Michael Kraut

30-year-old Olympic gold medalist Steve Holcomb, the pilot for the US bobsledding team in the 2010 Winter Olympics, pled guilty last Wednesday to DUI charges, prompting analysts who cover sports news about driving under the influence in Southern California (and elsewhere) to ponder the effects of the sentencing.

For anyone out there who has been stopped and charged recently with DUI in Glendale, DUI in Burbank, Los Angeles DUI, or driving under the influence in Pasadena, Holcomb’s travails may be particularly instructive.

As this blog reported a few months ago, the bobsledder got pulled over in October 2009 on Route 224 in Utah for making an illegal U-turn. Testing later revealed that he had a blood alcohol concentration of 0.19% – more than double the Long Beach DUI limit of 0.08%.

Things clearly weren’t looking good for Holcomb. But then his citation got abruptly tossed out because a deputy in the Sheriff’s department didn’t sign the citation properly. Summit County Attorney David Brickey refiled the case, however. According to a USA Today news story, “(he) denied any leniency because Holcomb was a decorated athlete.” Holcomb ultimately pled guilty to a Class B misdemeanor of impaired driving (as opposed to driving under the influence), and a Summit County Judge ordered him to pay a fine of $1,430, “undergo substance abuse screening and assessment” and serve 48 hours of community service in lieu of 180-day jail sentence.

Brickey seemed satisfied but offered the following rejoinder: “I told the judge, of the community service: ‘it better not be giving free rides down the ice tracks.'”

It remains unclear whether the guilty plea will impact Holcomb’s ability to travel to Canada for the world bobsledding competition.

Long Beach DUI breathalyzer tests – similar to the ones used in Park City Utah – analyze the suspect’s so-called “blood alcohol concentration” (BAC) to help officers determine whether or not an arrest should be made. According to California Vehicle Code Section 23152 (b), driving with a BAC of greater than just 0.08% constitutes a criminal offense and can result in severe penalties, such as jail time, license suspension, hiked up insurance rates (because of your conviction), mandatory alcohol school, tough probation terms, and serious fines and fees.

A Los Angeles criminal defense attorney, such as Attorney Michael Kraut (The Kraut Criminal & DUI Lawyers can be contacted in Long Beach at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can be a crucial ally as you plan your strategy to combat your DUI charges.

Mr. Kraut will utilize his knowledge and experience as a former prosecutor (for 14+ years, he prosecuted Los Angeles DUI cases) to help you. Mr. Kraut is often called upon by major media, such as CNN, The New York Times, and The Los Angeles Times, to provide analysis of breaking DUI news. He can design and execute a tailored, streamlined defense for you.

February 9, 2011

Burbank DUI Celebrity News Update: “You’re Cut Off!” Star Snagged for DUI in West Hollywood

by Michael Kraut

Jennifer Jowett, a wealthy socialite featured on the VH1 series You’re Cut Off! was arrested for driving under the influence in West Hollywood the night of the show’s premiere just a block from her house, according to gossip website TMZ.com. Jowett and the show’s host, life coach Laura Baron, had gotten into a heated disagreement prior to the DUI arrest. One promo clip shows Jowett throwing a garbage can at the hostess and pushing the cameras away while launching into an expletive-laden tirade.

If you have recently been tagged for DUI in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, odds are that some of your friends, relatives, and co-workers have lumped you in with out-of-control celebutantes like Jowett.

You may feel like this judgment about your character is premature and unfounded. After all, while the popular press loves to report on the “nervous breakdowns” of attractive, histrionic, wealthy women like Jowett, real Burbank DUI defendants tend to be far more diverse.

Some DUI offenders are recidivists – that is, they repeat their bad behavior.

Others simply make a one-time mistake.

Still others are unfairly charged.

There is yet another category — one that’s rarely discussed in the media – and that’s people arrested for driving under the influence of drugs.

A Burbank drug DUI would be charged under California Vehicle Code Section 23152 (a) – the same CVC code that applies to driving under the influence of alcohol. You need not be under the influence of some exotic and illegal narcotic, like cocaine, heroin or “Special K,” to face a CVC Section 23152 (a) charge. Indeed, if you operate a vehicle while on standard prescription medications, such as Oxycodone or Vicodin, or even certain over-the-counter medications, you can face charges. An officer will likely not give you a breathalyzer test, since the breathalyzer only picks up the chemical signature of ethanol (alcohol). That said, you could be asked to take a blood and/or urine test.

If convicted, you could face a variable rainbow of penalties, including license suspension, jail time, probation, and fines and fees. On top of that, you will face secondary consequences, such as hiked up insurance rates.

Fortunately, you don’t have to execute your own legal defense. A proven and compassionate Los Angeles criminal defense attorney can be enormously helpful in either plea bargaining down your charge or working to get it wiped out completely.

Michael Kraut of the Kraut Criminal & DUI Lawyers — located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) — is a fantastic resource for new defendants. Whether you are confused about your rights or overwhelmed by the potential penalties you face, get in touch with this Harvard Law School educated former prosecutor today to come up with a success-oriented defense strategy.

February 7, 2011

Beverly Hills DUI Update: Actress Jaime Pressly’s Woes Mount as Prosecutors Hit Her with Charges

by Michael Kraut

Last Tuesday, prosecutors in Santa Monica formally charged actress Jaime Pressly (“My Name is Earl”) with driving under the influence in Southern California. As this blog reported several weeks ago, the 33-year old actress got arrested on January 5th on suspicion of DUI and allegedly tested to have a BAC of at least 0.20% – 2.5 times the legal limit for Los Angeles DUI, as defined by California Vehicle Code Section 23152 (b).

If you or a loved one faces similar charges of driving under the influence in Burbank, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you likely won’t be surprised to learn that, in the wake of Pressly’s arrest, she suffered a string of misfortunes.

Notably, on January 21st, she filed for divorce from her husband, Simran Singh. And last week, she backed out of two performances in Las Vegas — one at The Palms Las Vegas and another at Rain and Moon night club — according to E! News sources. Concurrently, Pressly is trying to care for her 3-year old child, Dezi, whom she had with Eric Cubiche, her ex-fiancee.

As if Ms. Pressly doesn’t have enough drama in her life, she also faces potentially stiff penalties for her Beverly Hills DUI conviction. Even first time offenders can face fearsome penalties imposed by the court. These can include seriously restrictive probation terms, a full year CA driver’s license suspension, a fine of $1,000 (maximum) on top of court costs, and 48-hours in jail. Second, third, and fourth time Los Angeles DUI offenders (within a 10-year period) will face ever stiffer penalties, including ratcheted up jail time, probation terms, alcohol school time, license suspension, court costs, and other fines.

Your Beverly Hills DUI penalties can also be ratcheted up if you engage in additional crimes on top of driving DUI. For instance, if you injured someone while driving DUI, prosecutors can automatically ask that a misdemeanor charge be elevated to a felony. Likewise, if you committed a “hit and run,” you can face criminal charges on top of the DUI that could make your case more complicated.

The answer to your legal woes might be to connect immediately with a Los Angeles criminal defense attorney, such as Mr. Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers.

Mr. Kraut can be reached at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935.

In addition to serving for 14-years as a Deputy District Attorney for the City of Los Angeles, Mr. Kraut has also been invited as a guest commentator on Los Angeles DUI news by the New York Times, The Los Angeles Times, CNN, KTLA Los Angeles, and other major media outlets.

Mr. Kraut attended Harvard Law School, and he has exceptional relationships with many key people in the Los Angeles DUI community.

February 4, 2011

Pasadena DUI Story of the Week: Trooper Arrested for DUI for Hitting Other Cop

by Michael Kraut

Okay, although this is not exactly a Pasadena DUI case – it happened in the small town of Warwick, Rhode Island – but the sheer zaniness and coincidence of it all merits a blip on this blog’s radar.

If you’ve been pulled over for Glendale DUI, Pasadena DUI, Burbank DUI, or DUI in Los Angeles or elsewhere, chances are that you are not an active duty state police stripper — and at the very least, you didn’t hit a fellow police officer.

The same cannot be said of 23-year old Brendan Palmer, who got arrested last Sunday in Rhode Island after crashing into Providence police officer, Brian Auclair, who was in uniform at the time. Local Rhode Island Captain Raymond Gallucci said that Palmer took a blood alcohol test and blew a 0.184% on the breathalyzer. To put that in perspective, a DUI in Southern California reading would be just 0.08%. So Palmer blew a reading that was well over twice the Los Angeles DUI limit.

According to reports, Palmer has been “suspended with pay pending the outcome of his case and an internal investigation.” The 23-year old is a relative rookie – he has been with the Rhode Island police for only just over a year – and while it’s unclear how much more press this case of officer-on-officer DUI will get in the blogosphere, the matter serves as an interesting jumping off point for a discussion about breathalyzer tests in general.

Say you got pulled over for driving under the influence in Pasadena and asked to take a breathalyzer test. And let’s just say that you blew a reading similar to Palmer’s – a 0.16% — more than twice the acceptable limit, according to California Vehicle Code Section 23152 (b).

In this situation, most likely, you would be arrested.

But is the breathalyzer as accurate as most people (and most police officers) believe? It seems like it should be, right? After all, the breathalyzer is a very simple and straight forward device. You blow into it. A device in the machine looks for chemical signatures of alcohol. Simple. Straight forward. So how can you argue with the results?

Actually, there are many technical (and non-technical) arguments you can make against a Pasadena breathalyzer DUI positive. For starters, did you know that the depth with which you blow into the machine can radically influence the machine’s readings? Thus, if you blow just a little bit into the machine, you will blow a low number. If you blow a normal amount, you will blow a higher number. And if you blow very deeply – a deep chest breath – you may actually blow a reading that’s substantially higher than your actual blood alcohol concentration!

Police officers who administer this test know this, and they’ll often ask suspects to blow deeply into the machines. Is this fair? That’s up to the public to judge. But it does happen, and it’s something to be aware of.

Another point of dispute might be that men and women process alcohol differently. Diabetics process alcohol differently than non-diabetics and produce chemicals that can skew breathalyzer readings. Police officer administrators often don’t “zero out” these machines properly. Other chemicals on your breath or person can yield false readings. And on and on.

Unfortunately, unless you work with a qualified Los Angeles criminal defense attorney – who has serious experience helping Pasadena DUI suspects defend against these charges – you might never uncover these potential defenses.

Fortunately, you have the option of connecting today with the Kraut Criminal & DUI Lawyers at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Mr. Michael Kraut is a Harvard educated former LA City prosecutor who has an excellent track record and who has deep and effective associations with the Los Angeles DUI legal community.

February 4, 2011

Huntington Beach DUI News Bombshell: Popular Bar Sharkeez Linked to Six Dozen DUI Arrests in Just 22 Months

by Michael Kraut

The Huntington Beach Police Department is on the case of Sharkeez, a downtown bar linked to over 72 arrests for driving under the influence in Southern California over the past year and a half. On November 11, 2010, Huntington Beach Police Chief Ken Small sparked an investigation into the popular watering hole’s safety practices. This week, the story went viral, attracting the attention of the national media.

If you recently got arrested for Burbank DUI, Pasadena DUI, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, police and prosecutors might target the person or proprietor who provided the alcohol that you drank prior to your getting in your vehicle.

Baja Sharkeez’s owner, Ron Newman, has taken up a defiant stance. In response to Chief Small’s written statement, “I believe the ownership… represents at best an indifferent attitude toward public safety,” Newman retorted, “What happens on the highway, we cannot control… we don’t serve anybody who’s overly intoxicated. I can’t tell if you’ve had two or three drinks. If you’re not obviously intoxicated, we can’t tell. If someone is obviously intoxicated, we cut them off.”

Sharkeez is not the only downtown Huntington Beach establishment with a less than stellar track record of serving drivers who go on to get tagged for Los Angeles DUI. Hurricane’s Bar and Grill has been linked with 52 DUIs over the same 22 month period. And Kilarney’s Pub and Grill has been linked with 33 DUIs over that time frame.

The showdown between Chief Small and Newman has taken on a life of its own and generated media headlines and, of course, frothing chatter from the blogosphere. The debate raises interesting practical and philosophical issues about how to control and restrict driving under the influence in Los Angeles.

California Vehicle Code Sections 23152 (a) and (b) define what precisely constitutes a Huntington Beach DUI and how such a crime should be punished. 23152(s) says that, if the California Highway Patrol stops you while you’re operating a car, truck, or other vehicle while under the influence of alcohol or drugs, you can be charged with a serious crime. Even if convicted of just a misdemeanor, you could wind up serving jail time, losing your California license, getting points on your record at the DMV, and paying major court costs and fines. This doesn’t even begin to touch on the indirect consequences, which can include hiked up insurance rates and loss of professional stature.

23152(b) defines Long Beach DUI slightly differently — as having a blood alcohol concentration of greater than 0.08%, as measured by a Breathalyzer, urine, or blood test.

A Los Angeles criminal defense attorney can give you the experience and thorough legal help you need to combat the charges. Look to former LA prosecutor (14+ years as a Senior Deputy D.A.) and Harvard educated attorney, Michael Kraut of the Kraut Criminal & DUI Lawyers to plan your strategy. Mr. Kraut provides excellent, reliable services, and he can help you feel more in control of your life and legal situation.

January 26, 2011

Glendale DUI Sports News: Astros’s Big Draft Pick Nailed with DUI in Georgia

by Michael Kraut

A week ago Sunday, Delino DeShields Jr., the Houston Astros’s 2010 first-round draft pick, got arrested for a traffic violation and DUI in Georgia, prompting many sports analysts who cover celebrity news, like incidents of sports stars driving DUI in Southern California, to debate furiously about what the 18-year old’s future might hold.

Whether you were tagged for underage DUI in Glendale, Burbank DUI, DUI in Pasadena, or DUI in Los Angeles; or you were recently arrested on a complicated charge, such as DUI with injury, the tribulations of DeShields Jr., may be quite instructive.

The Astros’ GM, Ed Wade, told MLB.com: “our position is it’s a private, police matter, and we don’t have any comment on it.” DeShields Jr., is the son of Delino DeShields, an ex-major leaguer who now works in the Cincinnati Reds organization.

According to news reports, the outfielder was pulled over for a traffic violation and arrested not only for DUI but also for possession of alcohol by a minor. He made a $2,500 bond, according to Athens-Clarke County police records. (For comparison: consider that the Astros signed DeShields Jr. to a bonus of $2.15 million last year.)

When a famous ballplayer — or anyone else, for that matter — gets pulled over for driving under the influence in Glendale, they can face a smorgasbord of DUI penalties, depending on how over the limit they were, whether they hurt someone or not, and other factors. Typically, a first time misdemeanor DUI offender will get penalties along the lines of 48 hours mandatory jail time, tough probation terms, mandatory DUI alcohol school and license suspension, and serious court costs and fines. In Los Angeles, the court may also order you to get an interlock device for your automobile. This is a contraption that will prevent you from running your car if you have alcohol on your breath (essentially, you have to blow into a tube to get a “sober” reading before you can drive the vehicle.)

Designing an effective defense to a charge of Glendale DUI is no small task. Criminal defendants are often confused, frustrated, and undereducated about their rights; this combination of factors leads to poor decisions that only compound problems. If you or someone you care about faces such charges, start making better decisions right now. Get in touch with the Kraut Criminal & DUI Lawyers at: 121 W Lexington Dr, Glendale, CA 91203 phone 818-507-9123.

Attorney Kraut has been featured by trusted media organizations like CNN and New York Times as an expert in Los Angeles DUI law.

Connect with attorney Kraut today to explore your options to battle back against your charges.

January 19, 2011

Long Beach DUI Madness: News Roundup Yields DUI Goat, a 12 Time DUI offender, and More Weirdness.

by Michael Kraut

Rarely do Southern California DUI stops play like something out of a bad 1980’s cop movie (or episode of Reno 911!). But last Wednesday, the California Highway Patrol pulled over a goat – yes, a goat – during a routine DUI stop in Riverside County. (Well, actually the goat wasn’t driving – the goat was a passenger in a car. But the story is nevertheless quite comical.)

Most defendants struggling with charges of DUI in Glendale, DUI in Los Angeles, Pasadena DUI, or Burbank DUI are fortunate, in that their cases are relatively straightforward – or at least not embarrassingly absurd enough to merit a “news of the weird” mention in the paper.

In any event, when the CHP officer approached the truck near Mayberry Avenue in the town of Hemet, a (human) passenger fled the vehicle and almost immediately “fell flat on his face.” The female goat was likely stolen, according to a local animal services representative. By Thursday, the goat was “comfortably” at a local animal shelter in Riverside.

Meanwhile, across the country in Miami, 52-year-old David Hodge was arrested last Thursday for his 12th – yes, 12th – DUI. He remains in jail, at least as of this post, on a bail of $100,000. Yikes.

Often, police officers won’t see something as obvious as a goat in your truck to alert their suspicions. They thus look for subtler symptoms of DUI in Long Beach, including:

• Inconsistent stories about where you have been and where you are going;
• Erratic driving (e.g. swerving out all over the road);
• You smell like alcohol or there are open containers of alcohol in your car;
• You don’t respond naturally to officer’s questions;
• Your eyes are bloodshot or watery;
• Your speech is slurred;
• You lack coordination;
• You have difficulty following officer instructions.

Not everyone who exhibits these Long Beach DUI symptoms should be classified as actually DUI – for instance, you might have bloodshot eyes because you haven’t slept in two days (still not a good idea to be driving). Conversely, you can be DUI and NOT exhibit any of these signs.

This simple logical observation suggests that suspect should consult with a proven and results-oriented Los Angeles criminal defense attorney to combat charges. Someone like Michael Kraut of the Kraut Criminal & DUI Lawyers — (444 West Ocean, Suite 800 Long Beach, California 90802, Phone 562-531-7454) — can provide superior service for defendants.

Attorney Kraut attended Harvard Law School, one of the top law schools in the country, and spent 14 years as a city prosecutor for L.A., during which time he sought (and got!) stiff penalties against DUI drivers. In short, Attorney Kraut understands how the system works from both sides, and this makes him a potent criminal defense lawyer – not only trusted by clients and feared by prosecutors but also respected by impartial arbitrators, such as media organizations like CNN and the New York Times, who call upon him for expert advice on breaking DUI news stories.

January 12, 2011

Long Beach DUI Defendants Pay Attention! Seattle Politico’s Reduced Sentence May Be Instructive

by Michael Kraut

When police arrest a driver for driving under the influence in Southern California, most people just assume that the driver must have failed a breathalyzer test or otherwise demonstrated a total lack of sobriety. But a hefty percentage of DUI cases involve surprisingly murky and grey situations. To wit, consider the case of Democratic representative Sharon Tomiko Santos, a Washington state senator arrested on I-5 in Seattle on July 2010 for DUI. Last week, she pled guilty to negligent driving charges coming off that arrest.

If you or a relative or a close friend faces scary charges of DUI in Glendale, DUI in Los Angeles, DUI in Burbank or Pasadena DUI, the trials and tribulations of representative Santos may be quite instructive to examine.

Let’s first look at the facts. According to both the Seattle Times and the Associated Press, Santos drifted out of her lane on I-5 in Seattle. An officer pulled her over. She admitted to having had three drinks. She did not do well on field sobriety tests. After having trouble with her FSTs, Santos took a breathalyzer test and blew a 0.77% — a little bit under the Southern California DUI limit (and Seattle limit) of 0.08%.

The officer who arrested Santos said that she had not blown hard enough into the machine. Santos’ attorney, William Kirk, retorted that “even though Ms. Santos blew under the legal limit, she was still arrested.”

As part of her plea deal, Santos must serve 20 hours of community service and pay approximately $15,000 in court fees and fines.

It’s very common for police officers to use breathalyzer tests on Long Beach DUI suspects. The breathalyzer is a simple machine with a better reputation in the general public than it has in the legal and judicial community. In fact, the sheer flimsyness of breathalyzer results may surprise you.

For instance, let’s say you blew a positive for DUI result. Your Los Angeles criminal defense attorney may be able to get the test results thrown out and the charges dropped or at least reduced significantly.

Curiously, neither the Seattle Times nor the AP article asked this key question: “what would have happened had Santos blown too hard into the machine?” Both studies and anecdotal evidence suggest that blowing too hard in a breathalyzer can yield a “false positive.” In other words, if you blow softly, you will get a wrong result one way; if you blow too hard, you will get a wrong result in the other way.

This is but one of the many serious flaws with breath testing. Good testing requires extremely delicate calibration. It demands near perfection from both the administrator and the administratee, which in practical terms almost never occurs.

Also note that breathalyzer tests don’t discriminate between men and women; don’t discriminate between diabetics and non-diabetics (diabetics produce chemicals on their breath that can change their BAC readings); and don’t discriminate between ethanol (the active compound in alcoholic drinks) and many other organic chemical compounds.

The long and short of it is that, if you have been charged with the serious crime of Los Angeles DUI, you need an attorney who understands the law and understands how to negotiate and deal with prosecutors. The Kraut Criminal & DUI Lawyers, located at 444 West Ocean, Suite 800 Long Beach, California 90802 (phone 562-531-7454) can provide crucial and timely assistance with your defense. Attorney Michael Kraut is a former Los Angeles Deputy District Attorney (high level prosecutor), and he uses his more than 14 years of experience as a former prosecutor – as well as the connections he formed — to provide his clients with truly top caliber help.

December 17, 2010

Los Angeles DUI Analysts Review Olympic Gold Medalist’s Visa Dilema

by Michael Kraut

Most people hit with charges of Los Angeles DUI want to clean their records as quickly as possible to avoid things like license suspension, jail time, significant court costs, and probation. But a 30-year-old Olympian has a very unique and compelling motivation to battle his 2009 DUI charge: bobsledding gold-medalist Steve Holcomb needs his DUI charge dropped so that he can get a visa to travel to Canada to compete in the World Cup.

If you or someone you care about has been recently slapped with a charge of DUI in Pasadena, DUI in Burbank, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, odds are that your reasons for wanting to fight your charges are more mundane (but not necessarily less important!)

Here are the details on the strange case of the DUI gold medalist:

In October 2009, the Utah native made a U-turn on Route 224 but got stopped for making the turn illegally. The sheriff’s deputy tested him for DUI and found that he had a blood alcohol concentration (BAC) of 0.19% – over twice the Utah (and Southern California) DUI limit. At first, Holcomb got the charge dismissed because the sheriff’s deputy did not sign his citation properly. But Summit County Attorney David Brickley refiled the case shortly thereafter.

Last Tuesday, Holcomb’s attorney appeared in court to fight the charge: “If the DUI charge remains, Holcomb can’t participate in this incredibly crucial event (the World Cup).” The lawyer told the judge: “If Canada turns down a request for a visa, we will have no choice but to litigate the case.”

Attorney Brickley, for his part, suggested that he would be willing to plea bargain the charge down to an impaired driving conviction. But this count would still be a misdemeanor – enough to prevent Canada from letting the Olympian get his visa.

A Southern California DUI conviction can radically throw your life and business out of whack. Although Holcomb still has not been convicted of his 2009 DUI, the charge alone has been enough to throw his athletic career offline.

The law takes driving under the influence charges very seriously. First time convicts — for even misdemeanor DUI offenses — can face 48 hours in jail with a maximum of six months; mandatory DUI alcohol school; informal or formal probation; a one year CA license suspension without restrictive license possibilities; interlock device installation (which you have to pay for); and much more. This doesn’t even count the incalculable secondary problems that you will face, including loss of respect among your family, peers, and business associates and all the time that you will have to spend battling back against the charges.

The penalties actually can be ratcheted up significantly if you commit more than one Los Angeles DUI within 10 years; if you hurt someone or destroy property while DUI; or if you flee the scene of an accident (hit and run).

To build the stiffest, most resilient defense, you need a lawyer who has strong trial experience and a deep familiarity with the law. Look to Los Angeles criminal defense Michael Kraut to get timely and battle-proven advice about what steps to take to fight your charges. Michael Kraut is an ex-District Attorney for the county – as a former prosecutor, he knows how prosecutors think and plan; and he will use his relationships and personal experience to battle for your rights.