Driving Under the Influence of Drugs

July 5, 2011

Glendale DUI Homicide News – Disaster Out of Boulder Colorado Stuns Community

The dark side of driving under the influence in Glendale (or really, anywhere in the United States) is that fatal accidents can strike anywhere, anytime, and to anyone. A vivid example of why it’s so important to beat the problem of Glendale DUI, Burbank DUI, Pasadena DUI and Los Angeles DUI occurred the Saturday before last, when a Boulder, Colorado woman, 32-year-old Lisa Norton, was arrested on a smorgasbord of charges, including DUI-related vehicular homicide.

Norton allegedly crashed her Ford pick up into a Nissan coup at around 6:30 PM, killing the driver, 33-year-old Gabriel Nielsen, and severely hurting his wife and young child. After the crash, Ms. Norton allegedly fled the scene by diving into the nearby Clover Basin reservoir. Area boaters eventually fished her out of the water and delivered to her to Longmont Colorado police. According to her arrest warrant affidavit: “Witness statements from the boaters indicate that Ms. Norton was combative and denied having any involvement in the crash…that she was combative and verbally abusive to both officers and rescue personnel who were attempting to render aid.”

All told, her charges include:

• DUI homicide
• Failing to remain on the scene of a crash resulting in death
• Two counts of DUI vehicular assault
• Two counts of reckless vehicular assault
• DUI
• Driving with a revoked license
• Failing to provide proof of insurance
• Possession of drug paraphernalia (a glass marijuana pipe)
• Child abuse causing serious bodily injury
Obviously, any Glendale DUI homicide is a serious and horrific situation. But many defendants needlessly complicate their situation by assaulting officers, fleeing the scene, acting belligerently, or otherwise “digging their hole deeper.” These acts will ultimately make the job that your Los Angeles criminal defense attorney has a lot more difficult and challenging. Much like how panicked investors throw good money after bad, recently arrested Glendale DUI suspects often radically compound their own problems.

Fortunately, there is a smart way to begin to get clarity on your situation and to stop the downward spiral. Connect with Glendale’s Kraut Criminal & DUI Lawyers (located at: 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) to start to synthesize and execute a smart strategy. Attorney Michael Kraut is a former prosecutor who has a terrific record at jury trials and glowing reviews not only from past clients but also from legal peers and respected figures in the media.

June 13, 2011

Burbank DUI Bonanza: Multiple Lawmakers in Trouble for Driving Under the Influence

by Michael Kraut

The Burbank DUI news blotter was hopping last week with stories about East Coast politicians in trouble for driving under the influence. So in this post, we will extend beyond our typical coverage of Los Angeles DUI, Glendale DUI, Burbank DUI and DUI in Pasadena news to discuss the twin cases of Rhode Island representative Robert Watson and Pennsylvania lawmaker John Galloway.

Watson’s story.

According to www.boston.com, representative Watson, a 50-year-old lawmaker from Rhode Island, got pulled over in East Haven, CT on April 22nd. He allegedly had both marijuana and cocaine in his system. “Police say Watson failed a sobriety test, smelled of alcohol and marijuana and slurred his words at the checkpoint. Officers say they found a small bag of marijuana and a pipe in his pocket. Laboratory tests showed Watson’s blood alcohol level was 0.07, below the state’s 0.08 limit (and the Southern California DUI limit of 0.08% BAC).”

Representative Watson vigorously denied using cocaine. Addressing reporters outside New Haven Superior Court, he lobbed a vociferous defense: “I intend to address [the charges] vigorously. I intend to continue to deny the allegations lodged against me, and I hope and expect that I am found not guilty.” Watson has alleged that he had marijuana on his person to treat pancreatitis related pain. He accused officers of going after him because he is an elected official.

Galloway’s story.

Meanwhile, also last Tuesday, police in Harrisburg, Pennsylvania pulled over state Rep John Galloway on 2nd street. According to NBC Philadelphia, “the officer put Galloway through several field sobriety tests, which he allegedly failed. The officer then asked Galloway to take a breath test and he refused to do so.” The officer then arrested Galloway for driving DUI and committing other traffic violations.

Stories in Context

Fortunately for these two lawmakers, last week’s political oxygen was spent mostly on reveling in the unbelievable behavior of former Vice Presidential candidate Sarah Palin (who made up bizarre statements about Paul Revere’s ride) and New York representative Anthony Weiner (who engaged in bizarre and lurid internet activity).

When lawmakers misbehave and get accused of crimes like driving under the influence in Burbank (and elsewhere), trust in the system degrades. That’s why it’s so important to handle such cases delicately, fairly and objectively.

If you or someone you care about (a relative, friend, co-worker, etc) needs services from a reputable Los Angeles criminal defense attorney to deal with a DUI issue, the experienced leaders at Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you simplify and strategize. Attorney Michael Kraut is a former L.A. prosecutor (14 years as a Senior Deputy DA) who has built his reputation on developing and delivering solutions for clients facing complex charges.

April 13, 2011

Pasadena DUI Debacle: Montana Judge Who Oversees DUI Court Charged with Driving Under the Influence of Drugs

by Michael Kraut

If you’re caught driving under the influence of alcohol or drugs in Pasadena, and you’re a normal citizen (or a sports star or celebrity), chances are, you will receive your fair share of censure from friends, family, and even the public at large.

But if you’re a judge whose job it is to oversee a DUI court, prepare to be roasted. Judges and lawyers who specialize in DUI in Pasadena, DUI in Glendale, DUI in Burbank, and Los Angeles DUI are (and should be) held to a higher general standard of behavior. Unfortunately, as we will see in this blog post and a related post later this week, even people like judges and attorneys can make grievous driving errors that can have profound consequences for their careers.

To wit, let’s turn our attention to the story of Robert E. Lee (his real name), a justice of the peace in Butte, Montana. He was arrested in November 2010 for driving under the influence of drugs. An AP article last Friday recapitulated the justice’s strange November day.

On November 13th, Lee drove to the Butte Silver Bow County Courthouse and asked officers to let him in because he needed to perform duties at a wedding. According to testimony, “Lee appeared confused and under the influence of alcohol or drugs.” Lee had parked his vehicle in a handicapped zone behind the Courthouse, and investigators found his credit cards and driver’s license scattered on the ground. Suspicious, police asked the judge to perform a field sobriety test, which he failed. The judge later was asked to take a blood test; this test revealed the presence of methadone, and opioid medication designed for anti-anxiety purposes. Officers later found an empty bottle of methadone at the judge’s house – according to the AP: “the 60 tablet prescription had been filled 9 days earlier.”

If you’re arrested for drug related DUI in Pasadena (or elsewhere in Southern California), you can face serious consequences, including prison time, license suspension, strict probation terms, massive fees and fines, and a general degradation of your professional reputation – particularly if you’re a DUI Judge. Since Lee’s charge was a misdemeanor, he should be able to remain on the bench – though it’s not clear whether he will continue to be allowed to set up the DUI court.

Do you or someone you care about need assistance from a Los Angeles criminal defense attorney to battle charges of Pasadena DUI? If so, consider connecting with former Deputy District Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (located conveniently in Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut can give you the guidance and compassion you need to make headway against your charges. He has a fantastic record at jury trials, a deep understanding of LA DUI law in both theory and practice, and a reputation for getting results for his clients even in extremely difficult circumstances.

May 3, 2010

Former NFL Runningback Busted for Southern California DUI

by Michael Kraut

Corey Dillon, a retired NFL runningback who played for the Cincinnati Bengals and New England Patriots, was pulled over for driving under the influence in Southern California at 4 a.m. last Wednesday, according to officials from the Lost Hills Sheriff’s Station.

The 35-year-old Dillon was stopped in his 2010 Chevy Camaro near the 101 Freeway on Mulholland Drive. Allegedly, he had a male passenger with him. The lieutenant who filed the report said that “Mr. Dillon displayed multiple symptoms of being under the influence… and admitted to having been drinking earlier in the evening.” Authorities released Dillon later on a $5,000 bail, pursuant to his agreement to show up in court on June 21 in Malibu to face the charges.

The 35-year-old retired from active NFL duty in 2007. He was a member of the 2004 New England Patriots World Championship team.

If you get pulled over for driving under the influence in West Hollywood, Beverly Hills, Malibu, or a less ritzy town in Southern California, police will likely subject you to a series of tests to determine whether you are under the influence. The order of these roadside sobriety tests can vary. But police usually stick close to a preordained script. The tests typically include:

1. Horizontal Gaze Nystagmus Test

Officer administers an eye exam – ordering the driver to follow a moving object. DUI might be suspected if the pupils bounce back and forth or the driver cannot follow the object.

2. Walk the Line Test

Driver is asked to walk nine paces forwards and backwards. If he or she falls over or stumbles, DUI might be suspected.

3. One Leg Stand

This is another balance test. It is very straightforward. The suspect simply stands on one leg and tries to balance for 30 seconds. If the driver trips over, DUI might be suspected.

4. Romberg Test – another balance exam. In this one, the suspect tilts his head backwards and counts till 30. Again, any kind of stumbling or falling might indicate Los Angeles DUI.

5. Finger to the Nose

This test is often portrayed in TV and films. A driver closes his eyes, stretches his arms and attempts to touch his fingers to his nose. A lack of coordination could indicate DUI.

6. Other tests

Officers can ask drivers to perform other tests of mental acuity and physical coordination. They will also look for signs of a lack of balance as well as eclectic behavior.

What to Do If You or a Family Member Has Been Charged with DUI in Beverly Hills (or elsewhere in Southern California)?

In the vast majority of cases, it will behoove a defendant to retain an expert DUI attorney. Your charge may seem straightforward and relatively minor. But if you put up an inaccurate or less than effective defense, you could wind up with serious jail time, fines, forced alcohol school, license suspension, and numerous other penalties.

April 12, 2010

Mindy McCready Back in the News — not for a Los Angeles DUI — but Rather for a Sex Tape Scandal

by Michael Kraut

Blogs that follow celebrity Los Angeles DUI arrests have seen a spike in interest in the criminal history of country singer Mindy McCready, thanks to new news reports suggesting that an hour-long sex tape starring the singer is set to be released.

McCready is no stranger to charges of driving under the influence. She was one of the main participants in 2010 Celebrity Rehab with Dr. Drew. Nashville Police stopped her in 2005 for suspicion of driving under the influence. Although the jury scrapped those DUI charges, they convicted McCready for driving on a suspended license. McCready has also been arrested in Arizona (for a battery of charges, including identity theft and hindering prosecution), Florida (for drug charge violations), and Tennessee (for probation violations).

The surfacing sex tape may give the beleaguered country singer a publicity boost as she releases “I’m Still Here,” her first country album in nearly a decade and a half.

McCready’s arrests have been scattered around the country, and she’s only technically been arrested for DUI once. But what happens to individuals — celebrities or not — who get charged with driving under the influence in Southern California more than one time?

As you might suspect, penalties increase for every additional Long Beach DUI arrest.

For instance, a first time Los Angeles DUI offender might be charged with a misdemeanor, for which the court can impose various penalties, including mandatory two full days (48 hours) in jail, a fine of $1,000 along with court costs, a six weeks minimum sentence of alcohol school, and a mandatory installation of an interlock ignition device. The court can also impose additional penalties and strict terms of probation.

If you get convicted of a second count of driving under the influence in Long Beach (within ten years), your mandatory minimum jail time goes up (4-10 days minimum), as does your mandatory alcohol school time (18 months). You will lose your license for two years (instead of one).

If you’re arrested a third and fourth time (or more) for Southern California DUI within a ten-year span, your penalties will become increasingly strict:

• longer jail sentences
• harsher probation terms
• longer driver’s license suspension
• possible upgrading to felony charges
• higher fines and court fees
• other punishments that the judge may devise
Dealing with charges of Long Beach DUI

Whether you’re facing your first or fifteenth DUI offense, it almost certainly behooves you to discuss your case in confidence with an experienced Los Angeles DUI attorney.

April 5, 2010

Celebrity Los Angeles DUI blogs debate Fall Out from Dwight Gooden’s Arrest

by Michael Kraut

Celebrity Los Angeles DUI blogs that cover the public struggles of fallen actors, politicians, and athletes have been chattering nonstop since last week about former Mets All-Star pitcher Dwight Gooden’s arrest in New Jersey. According to the AP, the 45-year old former Cy Young Award winning pitcher slammed into another vehicle early morning last Tuesday and fled from the scene. He was later arrested for driving under the influence of drugs and fleeing the scene of an accident.

Gooden is no stranger to substance abuse and accidents. He has been dogged by scandal since early in his baseball career. Gooden led the New York Mets to a world championship in 1986, during which the team pulled off one of the all-time greatest comebacks in baseball history – beating the Boston Red Sox in Game Six after going down two runs in the bottom of the tenth inning with two outs and no men on base.

Gooden is scheduled to be inducted into the Mets Hall of Fame in the beginning of August along with former ‘86 teammate Daryl Strawberry and manager Davey Johnson. According to the AP report, no one was seriously injured in Gooden’s accident. But what if someone had been?

According to Southern California DUI law, as encapsulated in California Vehicle Code Section 23153 (a) and 23153 (b), drivers who hit and injure someone while DUI can be subjected to substantially increased penalties. Specifically, what might ordinarily be a misdemeanor Los Angeles DUI could be reclassified as a felony DUI. 23153 (b) spells out some of the punishments that drivers can face for this crime, which include steep court costs and other fines, hiked up insurance rates, forced restitution to injured victims, jail time, forced probation, and driver’s license suspension. 23153 (a) stipulates that if either alcohol or drugs contributes to the injury or accident, the driver can be subjected to a felony count.

If you have been tagged for a Long Beach DUI for hitting someone after driving under the influence in Burbank, you may need superior legal representation. But how do you find a good attorney to represent you against a charge, say, of DUI in Burbank?

January 25, 2010

Former Hollywood DUI Defendant to Appear on Celebrity Rehab with Dr. Drew

by Michael Kraut

Musician Mike Starr — best known as the bass player for the ‘90s rock band Alice in Chains — and former Hollywood DUI defendant — is scheduled to appear on the second episode of VH1’s Celebrity Rehab with Dr. Drew. The reality series follows the journeys of eight different celebrities who are in treatment for drug and alcohol addiction recovery. This year’s series will follow the stories of (among others) tattooed basketball legend Dennis Rodman, Heidi Fleiss (the famed former Madame of Hollywood), and Kari Ann Peniche, a Miss United States Teen pageant winner.

Starr, 43, has been arrested multiple times for drug and alcohol violations in cities as far flung as Salt Lake City, L.A., Seattle, and Pasadena. In 1994, he was booked at a Houston airport for possession of narcotics. In September 28, 2008, he was pulled over for drug possession in Los Angeles. In 2005, Starr was arrested in Seattle for yanking the hood ornament off of a man’s car.

If you’re caught driving under the influence in Pasadena, what exactly happens to you? How do the police know whether or not you’re over the legal limit?

One method the police use to determine your blood alcohol content (BAC) level is the blood test. Whether you’re arrested for DUI in Pasadena, DUI in Hollywood, or DUI anywhere else in Southern California, the blood test must be administered in a very precise manner. First, a sample is taken from the vein of the suspect. Then a qualified technician must ID it and transport it for further testing. The results must then be reported and interpreted. The blood sample is mixed with certain chemicals to prevent clotting, and police can choose from one of three acceptable methods to test BAC concentration.

Are blood tests always right?

Like breathalyzer tests, blood tests can yield what are known as false positives — that is, they can give a reading above the CA legal limit of 0.08% even if a suspect was actually BELOW that number.

Unfortunately, many Pasadena DUI suspects do not realize how fallible these tests can be. At any number of nodes in the process, problems can occur that can skew results and lead to false positives. For instance:
• sample is not kept sterile;
• the preservative chemical mixture is improperly mixed;
• the sample is not refrigerated correctly or kept at the right temperature;
• the person who takes the blood sample does not have proper training or licensing;
• the alcohol used on the skin to sterilize contaminates the sample;
• the police mix up samples or improperly interpret results
So how can you prevent a false positive from getting you convicted of DUI in Pasadena? Your best bet is almost always to solicit the services of a trial-proven attorney who specializes in DUI defense.

January 19, 2010

School Bus Driver Slammed With Charges of Driving Under the Influence While Transporting 15 Children — Possible Implications for Los Angeles DUI Violators?

by Michael Kraut

Recent changes to Southern California DUI laws — mandating that first-time offenders install interlock ignition devices (IIDs) in their vehicles — have made Southland residents more keenly aware of the consequences of driving under the influence.

A breaking story out of Pittsburgh reinforces this message: According to the Pittsburgh Post-Gazette, 38-year-old school bus driver, Brian Dunlap, was arrested on Monday for multiple charges, including reckless endangerment, DUI, and endangering the welfare of 15 children from a Pittsburgh high school.

While driving students to a local science museum, Dunlap allegedly narrowly missed hitting a telephone pole; following the scary swerve, he began laughing. Chaperones observed that his eyes were bloodshot and his speech was slurred. Hours later, while leaving the science center (children in tow), Dunlap careered through a red light. Concerned chaperones phoned police, who quickly arrived at the scene, gave the driver a field sobriety test, and remanded him to an Allegheny County prison. (Tests at a nearby hospital later suggested that Dunlap was not under the influence of alcohol but rather was on illegal narcotics.)

According to the reports, fortunately, no child was injured. That said, stories of near misses like these are all too common these days in places like Hollywood, Pasadena and elsewhere in Los Angeles. Pursuant to California Vehicle Code Section 23153 (a), a misdemeanor Pasadena DUI can be upgraded to a felony charge if the driver causes injury to another person while operating his/her vehicle. California Vehicle Code Section 23153 (b) stipulates that drivers who drive with a BAC over the California limit of 0.08% — and who cause injuries to other people, particularly to children — can be subject to an assortment of punishments including: Court fines, stripping of professional licenses, hiked up insurance rates, forced restitution to injured victims and/or their families, and jail sentences.

To develop a comprehensive response to charges of driving under the influence in Pasadena, it can help significantly to game out defense strategies with a qualified and experienced attorney. Many lawyers can handle basic DUI cases. But it is usually impossible to tell whether your case will be “basic” or quite complicated. Even seemingly cut and dry matters tend to have a way of expanding into vastly more fraught debates over legal subtleties. To that end, you likely want someone on your side who has lots of trial experience and who has served as both a defense attorney and as a prosecutor.

December 15, 2009

Footage of Nas Arrest Lights Up Celebrity Los Angeles DUI Blogs

by Michael Kraut

Southern California DUI blogs are abuzz with new video footage featuring the DUI arrest of hip hop artist Nas — more formally known as Nasir Jones — who was charged with the offense back in September. The gossip site TMZ.com publicized the six minute and 47 second video clip, which shows the rapper failing multiple field sobriety tests. According to a September 10th police report filed by the Henry County, GA police, Nas initially admitted to smoking marijuana prior to getting behind the wheel.

Nas has been a favorite target of gossip-mongers recently thanks to his high-profile divorce from fellow superstar artist Kelis (of ‘Milkshake’ fame). Fortunately for the rapper, the DUI charges against him have been dropped. And his once acrimonious divorce proceedings with Kelis seem to have settled down — the two were seen laughing together outside their courtroom last week.

Although Nas’s arrest occurred in Georgia — and thus he would not have needed the services of a Southern California DUI lawyer — the trials and tribulations that beset many high profile defendants often showcase remarkably similar themes.

For instance, roadside sobriety test failures are often publicized as prominent “proof” that a particular defendant is guilty. But the reality is that roadside sobriety tests are far less accurate than advocates sometimes acknowledge. Consider the following:

The horizontal gaze nystagmus test is often the first examination given to a DUI suspect. Essentially, an officer tests whether the driver can effectively track a stimulus. If the eye reacts slowly or bounces back and forth, that might indicate DUI. But numerous factors can bias the test. For instance, all the following factors — and more — can cause a non-DUI driver to ‘fail’ the gaze test:

• being on a strong medication
• fatigue
• stress
• genetic (or other) disorders of the eyes

Other tests — such as the walk the line test, the one leg stand test, and the finger to the nose test — measure physical coordination to ascertain whether someone is DUI or not. But this kind of testing can likewise be biased or rendered meaningless by an array of factors including the ones aforementioned. In addition, illnesses, fear, or a simple innate lack of coordination can lead to false positives — and thus to Long Beach DUI arrests.

October 27, 2009

Terminator Star Taken to Task for Southern California DUI; Bicyclist Injured

by Michael Kraut

Thomas Dekker — the star of the short-lived TV series: “Terminator: the Sarah Connor Chronicles,” was arrested on Wednesday for driving under the influence in Los Angeles. According to a report from the celebrity blog TMZ.com, the 21-year-old actor slammed into a bicyclist and was booked on charges of felony DUI in Southern California. The accident took place at around 9 PM in the San Fernando Valley. Dekker’s being held on a bail of $100,000.

It’s unclear from reports how serious the bicyclist’s injuries are; nor is it clear whether Dekker himself suffered injuries or whether any property was damaged.

Given the serious consequences associated with a conviction for felony DUI, Dekker will likely require the services of a qualified and experienced Los Angeles DUI attorney.

California Vehicle Code Section 23153 (a) mandates that, in the event that a DUI driver causes injury to another person or persons, his charge may be elevated from a misdemeanor to a felony. California Vehicle Code Section 23153 (b) outlines many of the penalties that can result from a felony DUI conviction. These can include fines and court costs, jail time, forced restitution to victims, and loss of other privileges and licenses.

That being said, a felony injury Los Angeles DUI conviction is by no means guaranteed. The prosecution must meet a heavy burden of proof. First of all, the prosecution must show that the defendant had been driving with a blood alcohol concentration of 0.08% or greater. Second, the prosecution must show that the defendant had committed some act of negligence or traffic violation that caused the accident that resulted in the injury.

To illustrate this point, let’s consider a scenario in which a driver is DUI. But then a bicyclist blows through a stop sign and drives right in front of his car. The cyclist gets hit and injured. In this case, the driver can be convicted of a misdemeanor DUI, since he was under the influence. But he shouldn’t be convicted of a felony injury DUI, since he had been obeying the traffic laws; the bicyclist provoked the accident by driving negligently.

As you can see, DUI legal issues can come become incredibly complicated. To make sense of your rights and obligations, you need to analyze and investigate. That’s why many defendants trust attorney Michael Kraut to provide savvy guidance. Prior to representing criminal defendants, Attorney Kraut spent years prosecuting Los Angeles DUI cases — essentially working for the “other side” — and he leverages his intimate knowledge of the prosecutorial system to deliver superior results time and again.