Driving Under the Influence of Drugs

June 16, 2014

Justin Bieber Enters a Plea of “Reckless Driving” in His DUI Case

The Los Angeles DUI blogosphere has been having a field day with the DUI case of pop singer, Justin Bieber.

Over the past several months, “the Biebs” has found himself in scads of trouble – legal and otherwise. We covered his January 2014 DUI arrest in Miami extensively. In case you forgot, the pop star had allegedly been drag racing with 19-year-old Khalil Sharieff on January 23rd in a rented sports car.

According to TMZ, Bieber will soon be entering a guilty plea to “reckless driving” charges in that case in exchange for the dismissal of other charges against him. (Those counts had included driving without a license, resisting arrest and DUI). Although Bieber will have to go to anger management classes and pay a fine (which will obviously be nominal, given his income), he won’t have to serve jail time or even probation.

The judge initially wanted Bieber to star in an anti-DUI service announcement, but Bieber’s legal team suggested that that measure was “inappropriate,” given that his BAC tested at 0.014% – far below Florida’s (and California’s) legal limit for DUI of 0.08%. (However, he did test positive for traces of the drug Xanax, an antianxiety medication, and marijuana’s psychoactive compound, THC).

Meanwhile, he will apparently face criminal vandalism charges, in connection with allegations that he threw eggs at his neighbor’s property in Calabasas in January.

And last month, Bieber allegedly tried to steal a woman’s purse… but he won’t be facing felony counts in that case. (Bieber apparently got angry, when a woman tried to videotape him with her cellphone at a mini golf and batting cage establishment in the Valley.)

Also in May, Bieber earned public enmity, after recordings surfaced, in which he allegedly made racially insensitive remarks.

Bieber has been celebrating his recent legal exonerations: he recently Tweeted “new beginnings” to his followers.

An adroit Los Angeles DUI defense can, indeed, led to “new beginnings,” even for people who struggle mightily with diverse charges.

To that end, contact a Harvard Law School educated former city prosecutor (Senior Deputy District Attorney) with the Kraut Criminal & DUI Lawyers today for a thorough, sensitive analysis of your defense options.
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June 2, 2014

Confused Woman Says “I’m So Sorry” After Getting Arrested Three Times for DUI… in One Week

by Michael Kraut

Forty-year-old Kimberly Micheloni had a very bad week earlier this month.

On May 13th, police pulled her over for driving under the influence with her 14-year-old daughter in the vehicle. In addition to being slapped with a DUI charge, Micheloni also faces a child abuse charge in connection with that stop.

Court records show that police arrested her again for DUI the very next day. And on May 20th, police caught her yet again for driving under the influence and proceed to hold her on a $225,000 bond. According to reports, Micheloni recently had to leave her job as an office manager for the Internal Revenue Service because of an illness.

She confided about her DUI arrests to a local TV news station, saying “I’m so sorry” for causing pain and potentially putting people’s lives in danger. She told reporters that her doctor had prescribed her a medication, which apparently made her unable to drive safely.

Normally, prescription medications like Vicodin come with warning labels urging patients to avoid driving. In Los Angeles, you can get arrested and charged per California Vehicle Code Section 23152 for a drug DUI. There are no breath tests for drug DUI; instead, police typically ask for a urine sample to test your blood for chemical residue of drugs. Depending on the circumstances, you may be able to challenge the results of this urine test.

For instance, you can argue that:

•   The police didn’t follow proper procedure;
•   The test was poorly done or badly calibrated;
•   The test failed to show that you hit the DUI threshold;
•   Perhaps there was an error in your prescription. Maybe the pharmacist accidently gave you double the amount of medication that you should have been taking;
•   Maybe there was some weird interaction between your medication another med.

For help getting to the bottom of your Los Angeles DUI drug defense, call experienced former prosecutor Michael Kraut of the Kraut Criminal & DUI Lawyers. In addition to being a Harvard Law School educated attorney, Mr. Kraut retains excellent relationships with many people in the Los Angeles defense community, including judges, prosecutors, police officers, etc.
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January 24, 2014

Justin Bieber Walloped with DUI Charge: Pop Singer Arrested in $250,000 Lamborghini

by Michael Kraut

If you recently got arrested for Los Angeles DUI, at least be grateful that your arrest is not international front page news.

The same CAN’T be said for 19-year-old pop star, Justin Bieber, who was arrested Thursday morning in a rented Gallardo LP 550-2 Spyder Lamborghini in Miami Beach and charged with DUI, drag racing, and resisting arrest.

Apparently “the Biebs” left a club and hopped into his yellow Lamborghini to drag race 19 year-old rapper, Khalil Sharieff. (Incidentally, Sharieff was also arrested at the scene and hit with charges of drag racing and driving DUI.)

The teen crooner is no stranger to controversy. Beiber potentially faces felony vandalism charges for throwing eggs at his neighbor’s house in Southern California and causing upwards of $20,000 worth of damage to the property. That’s right — $20,000 worth of damage with eggs alone. How is that even possible? Was he chucking them right at chandeliers?

Beiber allegedly did not exactly react to the DUI stop with grace and poise. Reports say he berated the officer who stopped him at around 4 in the morning with a less than courteous: “What the f**k did I do? Why did you stop me?” and uttered a string of other profanities before he finally submitted to the arrest.

The pop star allegedly admitted to having smoked marijuana, taken prescription medications, and consumed alcohol.

Raymond Martinez, the Miami Beach Police Chief, told reporters that Bieber had been belligerent (at first), “using some choice words questioning why he was being stopped, why the officer was even questioning him.”

Two SUVs blocked traffic on Pine Tree Drive and 26th Street, creating an ad hoc strip for Bieber and Sharieff to drag race their Lamborghini and Ferrari.

Deputies in Los Angeles County have investigated reports of Bieber drag racing right here in Southern California in the normally sleepy town of Calabasas, and one neighbor said that Bieber one time spat in his face. However, police lacked evidence of the speeding and the spitting, so the L.A. County District Attorney decided not to prosecute.

If you drive after smoking marijuana – like Bieber allegedly did – you could be hit with a drug DUI charge per California Vehicle Code Section 23152 (a). Per this vehicle code, even if you have a doctor’s order to take a medication, you can still be hit with a Los Angeles DUI charge. Police do not use breath tests in drug DUIs, but they can test you with urine or blood tests, and this chemical analysis can convince a jury that you were driving under the influence of narcotics or medications.

The good news – at least from a defendant’s standpoint – is that prosecutors have a much harder time convicting in drug DUI cases, in general, and police officers often don’t know what to look for when investigating drug DUIs.

Connect with experienced ex-prosecutor, Michael Kraut, today to develop your Los Angeles DUI defense.

December 11, 2013

Too Injured And/Or Sick to Deal With Your Glendale DUI Charge?

by Michael Kraut

As a Glendale DUI offender — who caused an accident or suffered an illness or accident after the fact — you face a catch 22. You know that you need to build a sound defense. But you also have almost no energy to get the process started.

That you’re even able to surf the internet for advice about Glendale DUI is a pretty big accomplishment, given what you’ve been through. Unfortunately, as much as you’d love to be able to rest and recuperate, the longer you delay getting started with your DUI defense, the more difficult it may be to preserve your license, avoid jail time, and maximize your case.

• Maybe you hit a pole on Olive Blvd while driving DUI in Glendale, and you sustained a concussion, bruises, broken ribs, and worse.
• Maybe you don’t have any friends or family around to help you take care of matters.
• Perhaps you got a DUI at a checkpoint — police arrested you because you didn’t do well on your Glendale field sobriety test due to a previous injury. If your legs or knees hurt, it’s hard to walk a straight line, stand on one leg, et cetera.

The good news is that it doesn’t take that much effort and energy to lay the groundwork for an effective defense. A brief and confidential consultation with the team here at the Kraut Criminal & DUI Lawyers, for instance, can be all it takes. We can help you with “legal stuff,” so you can focus on healing from your injuries.

Recovering from a Glendale DUI accident or arrest is as much a psychological game as it is a physical one. Attorney Michael Kraut is an experienced, sensitive Burbank DUI criminal defense attorney. He’s worked with many clients who’ve been hurt in crashes; he understands the complex stresses that you’re under.

Just because you’re hurt, scared and under duress does not mean that you have to suffer in silence and accept unfair punishments.

November 6, 2013

Hollywood DUI Update: Happy Gilmore Star, Christopher McDonald (a.k.a. Shooter McGavin), Busted in North Carolina for DUI

by Michael Kraut

Some late breaking Hollywood DUI news: 50-year-old actor, Christopher McDonald, was just arrested for DUI in North Carolina, after he blew 0.15% on a breathalyzer test.

0.15% BAC is nearly twice the legal limit, as stipulated by California Vehicle Code Section 23152 (b). McDonald, who’s been a working actor for decades (168 separate credits), is perhaps best known for his role as Shooter McGavin in Adam Sandler’s epic golf comedy, Happy Gilmore.

WECT in North Carolina reports that police pulled McDonald over in Wilmington at 4:30 a.m. The actor cooperated with the officer and blew into a breathalyzer test, where he registered that 0.15% BAC number. He was arrested and later released on $1,000 bond.

This incident was McDonald’s first brush with the law. He is married, and he has four children. Not exactly your typical, tabloid-y Hollywood DUI story.

Case analysts believe that McDonald will likely get off with a light sentence and a plea bargain… although you never can tell with Hollywood DUI cases.

In fact, it’s really important not to assume that your case will be easy and simple. Subtle details about your Hollywood DUI arrest can make an enormous difference. These include:

• Your criminal history, if you have one;
• The police work done on your DUI arrest;
• Whether or not you caused any collateral damage. (For instance, did you leave the scene of an accident; get into an altercation with a police officer; or otherwise engage in any illegal or unethical behavior?)

Fortunately, no matter what you did (or allegedly did), you are entitled to a fair and thorough Hollywood DUI defense per California law.

The team here at the Kraut Criminal & DUI Lawyers in Hollywood can help you deal with your charges in a sound, ethical, and thorough way. Mr. Kraut is a former prosecutor who spent 14 years on the other side of the law, helping to put DUI defendants behind bars. He uses his detailed knowledge and relationships with ex-colleagues to deliver excellent service to his defense clients.

October 23, 2013

Arrested for DUI near USC or UCLA and Underage?

by Michael Kraut

Whether you’re a budding filmmaker at USC – hoping to become your generation’s next “George Lucas” — or you’re a UCLA grad student barely able to afford rent in Westwood, your recent UCLA DUI or USC DUI has been a catastrophe.

You’re afraid things are going to get worse, probably because you’re not yet 21-years-old.

It’s bad enough to get stopped for DUI “normally” – as someone who’s over 21, driving with a BAC of 0.08%. Even if you don’t hurt anybody, you can face license suspension, fees, fines, insurance rate spikes, jail time, tough probation terms, and beyond. (If you did hurt someone or did commit other crimes while DUI near USC or UCLA, prosecutors can have that much more to “throw at you.”)

If you’re a minor, your situation is actually even more complicated and fraught. According to CVC Section 23136 – the so-called “Zero Tolerance” Policy Section — if you’re younger than 21, and an officer stops you and tests your BAC at just 0.01%, you can lose your license for a full year, or suffer a full year delay in getting your license, if you haven’t passed your test yet.

0.01% is actually just one-eighth the limit of normal DUI in Los Angeles, as CVC 23152(b) defines it. An overly ambitious swig of mouthwash, a ketogenic (low carb) diet, or even a big helping of cough syrup can put you over this threshold.

Violating CVC 23136 is an infraction rather than a misdemeanor, but you can still lose your license.

Fortunately, you can talk to a UCLA or USC DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers, to represent you at your DMV hearing and help you challenge the suspension.

(You only have 10 days to do so, so get busy!)

If you are under 21, and you get caught with a BAC between 0.05% and 0.07%, you can be hit with an infraction, per California Vehicle Code 23140. This leads to fines as opposed to jail, but it still triggers the Golden State Zero Tolerance Policy and can lead to a full year of suspension of driving privileges.

Lastly, if you are under 21 and you tip over the legal limit of 0.08%, not only can you face the standard charges that an adult driver might face – such as $2,000 in fines, a year behind bars, up to five years of summary probation, etc – but you also face a zero tolerance suspension.

The loss of driver’s license means a ton, if you’re a college or grad student. At an East Coast university campus, perhaps you could just “walk everywhere.” But it’s devilishly difficult to get around Los Angeles – to attend classes, have a social life, do your job, etc – if you have no vehicle.

Fortunately, you do not need to stand helplessly by as events unfold. An experienced, intelligent, compassionate UCLA and USC DUI defense lawyer with the Kraut Criminal & DUI Lawyers can help you meet your challenges and rebound from unfortunate events.

September 20, 2013

Drug DUI in Los Angeles: Does New Colorado Law Portend Our Future?

by Michael Kraut

Drug DUIs in Los Angeles are filed according to California Vehicle Code Section 23152(a), which makes it a crime if you operate a motor vehicle while under the influence of marijuana, alcohol, or any other type of drug, both illegal and prescription.

Marijuana law is changing at a rapid place, here in California and in other states. As you may be aware, Colorado recently became the first state in the nation to legalize marijuana, and the CO state legislature just passed two historic marijuana bills to regulate and tax the substance.

The Colorado Senate approved House Bill 13-1325 by a margin of 24 to 11 and sent the law to Governor John Hickenlooper, a Democrat who supports the initiative. HB 13-1325 creates a testable, objective legal limit for DUI for marijuana of 5 nanograms (or more) of delta-9 tetrahydrocannabinol per liter of blood. That substance is marijuana’s major psychoactive ingredient.

For years, Colorado lawmakers debated this bill fiercely. Advocates say that police officers need to measure marijuana DUI impairment objectively, to keep the state’s road safer. Opponents respond that the 5 nanogram standard is inappropriate because different people process marijuana differently. Someone who is effectively totally sober may still have a positive or near positive reading on this type of blood test, for instance, because of their biochemistry; whereas another person who’s actually legitimately under the influence might not even test positive.

In any event, the bill will almost certainly have reverberations throughout the nation, as more and more states push forward with efforts to legalize the drug. And the Golden State is almost certainly likely to proceed with legalization before, say, Georgia or Louisiana.

Los Angeles DUI drug testing
There are no breathalyzer tests for marijuana in Los Angeles. Instead, police officers can have you do a urine or blood test. Drug DUI cases are more difficult for prosecutors to win because many police lack the training to look for and catalog the objective signs of drug DUI. This lack of rigor gives an opportunity for an experienced Los Angeles DUI drug defense attorney to rip into the so-called science that prosecutors want to try to use against you.

Of course, if you fail in your efforts, the consequences can be pretty severe.

Not only can you earn jail time, fines, fees, and license suspension, but you also might be required to register as a narcotics offender with local police. You can lose your job or special security clearance, if you work in a classified job. And you can suffer tremendously due to the “downstream” effects of the conviction. For instance, if you lose your license and your job, you might not have money to support your family, which can add stress to your relationships and health.

Get in touch with Southern California drug DUI defense attorney Michael Kraut today for assistance with your case. Mr. Kraut has cultivated great relationships with law officials throughout the Southland, and he can provide a free and confidential consultation.

October 31, 2012

How Not to “Tee Up” Your Pasadena DUI Defense: Drive 85 Miles Per Hour the Wrong Way on a One Way Street…

by Michael Kraut

We’ve said it before on our Pasadena DUI defense blog, and we will say it again: many DUI defendants dig themselves a very deep hole, legally speaking, even after they’ve been stopped and interrogated by police.

Driving under the influence in Pasadena, in and of itself, can indeed lead to tremendous penalties. Even a misdemeanor conviction pursuant to California Vehicle Code Section 23152(a) or 23152(b) can set you up for punishments ranging from big fines and fees to insurance rate spikes to jail time. However, when you make additional “bad decisions” after your stop, such as fleeing from the scene, committing hit and run, or driving the wrong way down a one way street to escape a checkpoint or detection by police, you may make your defense massively more complicated.

Consider, for instance, the case of an underage driver pulled over on October 10th for DUI in Wilkinsburg, Pennsylvania… after clocking nearly 110 miles per hour on a street with a 35 miles per hour speed limit!

The underage driver had been zooming along Penn Avenue in her Audi at 109 miles per hour (as clocked by local law enforcement) before pivoting on to Pennwood Avenue, Hay Street and Walls Avenue. She then gunned it the wrong way down on one way street before police finally caught up. The driver now faces a litany of seven charges, including DUI as a minor (first offense), driving without a license, exceeding the speed limit by 80 miles per hour (!!), reckless driving, providing false ID to law enforcement, and driving under the influence with general impairment.

The driver initially gave the police a false name, then she recanted and agreed to participate in field sobriety tests, which she allegedly failed. She also blew a breathalyzer test twice, which showed that she had a BAC of 0.13% and 0.14%, respectively. The legal limit for Pasadena DUI, as you probably know if you’re a long time reader, is just 0.08%. So this woman tested at nearly double that amount.

One bad decision spiraling into many bad decisions – a common story in Pasadena DUI cases

Many defendants wind up “kicking themselves” the days and weeks after their arrest because they obviously “should have known better.”

In reality, you may have only made one really bad decision – i.e. to get behind the wheel while not quite sober. But prosecutors may ultimately hit you with multiple charges, each of which can carry heavy punishments, like jail sentences and costly fines.

To respond effectively, you need both a practical and deep theoretical understanding of relevant case law. Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers has helped many people in similar situations to yours come up with powerful, solid, and inventive legal defenses. As a former prosecutor, Attorney Kraut understands how prosecutors like to approach cases like yours, and he can craft and pivot your defense accordingly.

July 12, 2012

Just How Dangerous is it to Drive DUI in Los Angeles on the 4th of July?

by Michael Kraut

Independence Day has come and gone – and whether you or someone you love got arrested for DUI in Los Angeles over the holiday or after all the celebrations died down – you may find it useful to understand your situation in a broader context, so you can put forward the most effective and appropriate defense.

To that end, did you know that 4th of July is single most deadly holiday of the year with respect to driving under the influence? July 4th “beats out” New Year’s Day, Memorial Day, Christmas, Thanksgiving, Labor Day, President’s Day, you name it, according to 25 years of statistics parsed by the wonks at the National Highway Traffic Safety Administration (NHTSA). More than half of fatal July 4th crashes, on average, are related to alcohol.

The latest NHTSA statistics, which date back to 2010, found that during the three-day 4th of July weekend that year, 491 people died in auto accidents – 42% of fatalities were suspected DUI related. Meanwhile, during a four-day New Year’s period that same year, only 423 people died – a similar percentage, 41%, were suspected DUI related.

NHTSA statistics show that nights and weekends are the most dangerous times to drive. Researchers suspect that the reason why more 4th of July fatalities happen is that people know that New Year’s is a dangerous time to drive, so they know to stay off the roads; whereas the 4th of July is kind of a hidden danger – not many people realize that it’s a bad time to be on the roads.

All these statistics aside, you and your family need accurate and strategic guidance designing your Los Angeles DUI defense (Local: (323) 464-6453 Toll Free: (888) 334-6344). Connect immediately with the Kraut Criminal & DUI Lawyers for a confidential and thorough case evaluation. Attorney Kraut is very well-known and highly respected Los Angeles criminal defense attorney who spends a lot of time on DUI cases, and he can help you make better decisions and maximize your chances for getting good results.

June 7, 2012

Driving Under the Influence of Marijuana in Long Beach: How NOT Do It

by Michael Kraut

If you or someone you love was recently arrested for driving under the influence of marijuana in Long Beach or elsewhere in the Southland, odds are, you probably feel embarrassed — especially if you made certain decisions that, in retrospect, were careless or even stupid.

Take some comfort in that your arrest was (probably) less ignominious than the arrest of 19-year old Catalina Clauser. She was arrested in Phoenix last week for driving under the influence of marijuana – with her baby on the roof of her car!

Yikes.

Here’s how it went down.

The legal shenanigans began early. Early in the evening, Clauser’s boyfriend was busted for driving under the influence – with the baby in her Ford Focus. Apparently upset about what happened, the 19-year old drove to the home of a friend and smoked a significant amount of marijuana – up to two bowls’ worth.

According to reports, Clauser left the party at around midnight and drove home. At around 1’o clock in the morning, local police got a call: a baby had been found in the middle of the road, and his car seat.

Fortunately, the baby was “perfectly okay” – according to later hospital reports. The police initially suspected that the child had been thrown out of a car in an accident, given the shoddy, damaged state of the car seat. Only after an investigation did police realize what actually happened (probably): in her marijuana induced state, Clauser apparently left the car seat on the roof of the car. Once she took off, unsurprisingly, the unsecured car seat fell off the car and into the middle of the road. Clauser was later arrested for child abuse and aggravated DUI. Her child is now in the care of Child Protective Services.

All told, not exactly the best of nights for that child or for anyone involved, really. It’s actually a miracle the baby was not seriously harmed given everything that happened.

Whether or not your Long Beach DUI or marijuana DUI situation was as operatic as Clauser’s arrest, you likely face huge obstacles and surprises.

You’re probably feeling scared, unsure, confused, and overwhelmed by the potential legal mess you might be in. Even if you didn’t hurt anyone — and even if this was your first time arrested for driving under the influence of marijuana in Los Angeles — you could face massive fines and court costs, points on your license, huge insurance headaches, a driver license suspension, mandatory alcohol ed classes (inconveniently timed, no doubt) and of course prison time.

Talk to a respected and experienced Los Angeles marijuana DUI defense attorney at Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) immediately regarding your legal options. Attorney Kraut is a widely respected lawyer who has served in both prosecutorial and defense capacities – this special vantage gives him a competitive advantage that he can put to work for you.