Driving Under the Influence

July 16, 2014

Breaking Through the Inertia of Your Los Angeles DUI Case

You may be at the beginning of the end of the worst part of your Los Angeles DUI arrest.

How so? After all, you feel downright miserable and scared about what’s happened to you, and you haven’t even found a lawyer yet. You have so much to do – and so much is at stake both for you and your family – that things almost by definition have to get worse before they’ll get better.

Right?

Not necessarily.

Consider this. What’s causing you so much agitation and worry is not the punishments or potential punishments, per se, but rather the UNCERTAINTY of your situation.

•   You don’t know whether you will be jailed for several months, several days, or not at all.
•   You don’t know whether you will face massive fines of thousands of dollars or no fines at all or somewhere in the middle.
•   You don’t know whether the prosecution will negotiate a plea bargain that you can live with or whether you will have to fight in court;
•   You don’t know whether the DMV will suspend your license for a few days, or a few months, or indefinitely;
•   You don’t know whether you will find a DUI defense lawyer who has good values and who has an effective track record.

These and other uncertainties piled on top of one another and create a kind of inertia. That inertia can you weigh down and prevent you from getting the guidance you need to start to answer the questions. It’s a kind of a Catch 22.

So how do you break through the inertia?

When you take action to solve problems, it becomes easier to follow through and do what that needs to be done. For instance, if you ever procrastinated on cleaning out your garage or doing a big stack of dishes, you’re familiar with this concept.

The thought of actually getting into the muck of the work is repulsive. But once you start, the job becomes easier. It’s a lot easier to think: “hey, I’ve been washing this big pile of dishes for 15 minutes, and I’m halfway through, so I’ll keep going” than it is to “pull the trigger” and to decide to spend the INITIAL 15 minutes on the troubling task.

The first step involves reaching out for help. If you have yet to retain a lawyer for DUI in Los Angeles, call Michael Kraut of the Kraut Criminal & DUI Lawyers to figure out your next steps. Mr. Kraut is a respected, established lawyer with a track record of success. He can answer your questions and help you feel more calm and controlled about your situation: call now to start building positive momentum to obtain closure.
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July 14, 2014

Justin Bieber in Court for DUI Charges

by Michael Kraut

Few Los Angeles DUI drivers face charges as complex or extensive as Justin Bieber. The 20-year-old singer’s Florida court case began on Monday, July 7 for a litany of charges he received on January 23.

Allegedly, Bieber had been drag racing with Khalil Amir Sharieff, a fellow performer, when authorities arrested him. Although his blood alcohol content tested below the legal limit, a blood test revealed concurrent drug use. Besides the drug and alcohol use, police charged Bieber with nonviolently resisting arrest and driving with an expired license.

Media sources predict authorities will drop the other charges pending a plea deal for the DUI offense. However, the court case has been delayed for several months, allegedly due to a disagreement between the judge and Bieber’s lawyers regarding whether or not Bieber should appear in an anti-DUI driving public service announcement.

Chances are Bieber will receive a minor sentence – if any – for this Florida incident, but this is only one in a slew of recent accounts regarding Bieber’s reckless behavior. Although the singer has achieved significant fame over the course of his career, such incidents appear to be damaging his reputation among young fans as well as their parents.

Individuals following this case may believe Bieber is fortunate to have fame and fortune on his side, but his continued offenses indicate he may not fully comprehend the weight of his actions.

Under California law, penalties for DUI driving convictions include jail time, fines, probation, license suspensions, and community service. These punishments are meant to serve as deterrents– to discourage convicted individuals not to make the same mistake again.

Have you recently been charged with DUI in Los Angeles? If so, you may have questions regarding the law and how best to present your defense. Experienced attorney Michael Kraut can answer those questions. Contact the Kraut Criminal & DUI Lawyers today to learn more. Continue reading

July 9, 2014

Chappelle’s Show Star, Donnell Rawlings, Caught Driving DUI in Manhattan

by Michael Kraut

Those facing Los Angeles DUI charges are now in the company of yet another celebrity. Donnell Rawlings, a comedian who appeared on Chappelle’s Show, was arrested at 3:30 a.m. on Friday, July 11 in New York City.

Rawlings, who became famous for the “Ashy Larry” character he portrayed on the Comedy Central variety show, was driving the wrong way down a Manhattan one-way street, when police stopped him and conducted a breathalyzer test. According to authorities, his blood alcohol content was more than double the legal limit for driving in California.

Despite the inherent hazards of wrong-way driving while under the influence of alcohol, law enforcement apprehended Rawlings before he could cause any damage or injuries to himself or to others.

This incident represents the latest in a long history of celebrity DUI arrests. Although some individuals may believe public figures enjoy immunity from consequences for such offenses, the reality is much different. Like any other citizens, celebrities arrested for and convicted of DUI driving experience serious legal consequences, as well as damage to their public reputations.

California Vehicle Code section 23152 does not discriminate between celebrities and “ordinary people” when it comes to defining the penalties for driving under the influence. Regardless of one’s profession, income, or personal connections, DUI presents serious risks and consequences to drivers.

In addition to jail time, individuals convicted of DUI may receive community service, probation, fines, and license suspensions. With repeated offenses, the penalties increase. Whether a driver works at a fast food establishment or on a hit television show, his arrest and conviction records indicate a lack of judgment and can lead to problems with employment and reputation.

A qualified Los Angeles DUI attorney possesses extensive knowledge regarding California law and can help individuals present an effective defense. The Kraut Criminal & DUI Lawyers offers free consultations for those facing DUI charges. Contact us today to learn how we can help.

June 30, 2014

Examining the Excuses You’ve Made to Yourself About Your Los Angeles DUI Arrest

by Michael Kraut

After getting arrested for DUI in Los Angeles recently, you’ve had time to ponder the incident and “tell yourself stories” about why it happened and who/what should be blamed.

You might be tempted to put the full weight of blame on outside forces:

• The police officer who stopped you at a check point;

June 20, 2014

Two Pretty Disturbing (and Also Poignant) DUI Stories

by Michael Kraut

Our Los Angeles DUI blog strives to humanize the experience of being arrested and prosecuted for driving under the influence.

DUI charges can be isolating and scary. Many defendants feel like they are “in it alone.” So it can be helpful to survey the vast catalogue of DUI events that happen every day and put those events into context. To that end, let’s take a close look at two poignant June DUI stories.

First, let’s head up to Montana, where 63-year-old Rick Fincher of Big Sky recently got hit with his third DUI charge… while en route to bail his wife out on charges of DUI!

According to the Bozeman Daily Chronicle, Fincher got word that police stopped his 44-year-old wife, Stacey Joe Fincher, and arrested her for DUI. She allegedly tested at 0.201% BAC – more than 2.5 times the legal limit here in California.

Police then pulled over Fincher’s pickup truck near the jail; his BAC allegedly tested at 0.159% – nearly twice the legal limit.

Meanwhile, an alleged DUI driver hit and killed 81-year-old Edward Salkin in Corona Del Mar on June 12, near Morning Canyon Road. Officers arrested a Costa Mesa resident, 23-year-old Robert Greaney, in connection with fatal accident. Salkin had been a Professor of Pedatric Dentistry at USC, and he operated a thriving practice in Huntington Beach.

Whether you face manslaughter charges or less serious but still scary charges, like a misdemeanor count per CVC 23152, call the Kraut Criminal & DUI Lawyers today to schedule a free and confidential consultation with an experienced Los Angeles DUI defense lawyer.
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June 11, 2014

Former Florida Trooper Forgives Recaptured DUI Fugitive

by Michael Kraut

Facing a DUI in Los Angeles is difficult, especially when another party has been injured. However, reconciliation is possible, even in the worst circumstances. One example is this recent story from Miami, FL.

At a hearing in Miami-Dade on Friday, June 6, Marissa Sanders, a former Florida Highway Patrol Trooper, says she has “moved on” with her life. This comes as the individual who caused her career-ending injuries has been apprehended after ten years on the run.

The case began in April 1998, as Sanders conducted a routine traffic stop on I-95. Samuel Silva, whose blood alcohol limit was at twice the legal limit, hit Sanders’ cruiser and pushed it into the car she had stopped. The resulting gas tank explosion caused third-degree burns to her legs, an injury that ended her patrol career.

Due to the serious injuries Sanders sustained, Silva received a 9-year, 5 month sentence. After appealing this verdict, Silva was released on bond until 2004, when his conviction was upheld. Rather than surrendering as ordered, he fled the country.

Using a false passport, Silva traveled to several countries to evade recapture. He remained a fugitive until May 2014, when the U.S. Marshals Service located and arrested him in Panama City. Silva is now back in South Florida to serve his sentence – and he will likely face additional charges.

DUI and Injury

When driving under the influence leads to injuries, the effects can be devastating for both parties. The injured party must deal with pain and trauma that could last a lifetime, and the responsible party faces potentially harsh consequences.

California Vehicle Code Section 23153(a) allows prosecutors to convert DUIs from misdemeanors to felonies if one or more victims have sustained injuries. The penalties, which become more severe based on the number of victims and extent of injuries, can include:

•   Prison terms
•   Victim restitution and court fines
•   Professional repercussions, such as loss of a job or certification

Dealing with these potential punishments can instill fear and anxiety, but you can take responsibility for your actions with the help of Los Angeles DUI attorney, Michael Kraut.

Mr. Kraut has extensive experience defending clients with offenses of this nature. For a free consultation, contact the Kraut Criminal & DUI Lawyers today.
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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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May 19, 2014

Guidance Counselor Busted for DUI

by Michael Kraut

Most Los Angeles DUI stories that get serious play in the media are often tinged with irony somehow.

For instance, as we covered several months ago, authorities recently stopped one unfortunate young man and busted him for DUI while he wore a t-shirt proclaiming that he was “Drunk As Sh*t.”

People who make their living promoting sobriety or safe driving – e.g. Los Angeles DUI attorneys, lawmakers and police officers — tend to be held to higher standards of behavior behind the wheel. When these folks falter (and sometimes they do), the irony of their arrests motivates media coverage.

Along those lines, consider the sad story of Angela Mazzocco, a woman from Jupiter, Florida, who works as a guidance counselor for the Palm Beach County School District.

Local highway patrol officers arrested her on the morning of May 9th, when troopers allegedly saw her vehicle weaving on the southbound lanes of Florida’s Turnpike, unable to confine her vehicle to just one lane.

Per the Florida Highway Patrol report, Mazzocco’s vehicle “came within inches” of hitting another car and left the road multiple times. Authorities stopped her and tested her blood alcohol concentration. They found that she had a 0.20% BAC. For those of you at home keeping score, that’s exactly 2.5 times the legal limit for DUI in Southern California, as defined by California Vehicle Code Section 23152.

Mazzocco also relayed to investigators that she had consumed the drugs Lexapro and Xanax prior to getting behind the vehicle on her way to school. The 46-year-old faces charges of DUI under drugs and alcohol and will be back at Palm Beach County North Courthouse on June 9th to face her charges.

Mazzocco initially denied to the officer that she had consumed alcohol (per WPTV). But what if she had refused to take a chemical test at the scene?

There are different rules for different folks. If you are under 21 years old — or if you are on probation for some other offense — you need to take your PAS test, even before police arrest you. California law changed in 2008 — now it’s a crime for someone on probation to refuse a chemical test at a DUI stop.

Meanwhile, ANY driver arrested for Los Angeles DUI must submit to a breath test or blood test. If police suspect that you consumed substances like Xanax or narcotics, you also have to submit to a urine-based drug test.

The police must warn you about the legal consequences of refusal, if prosecutors later want to use the refusal against you in court.

What’s the best way to respond?

The facts can be critical to your defense. Perhaps the police delayed the breath test or misunderstood your response. Your attorney may be able to get the refusal related charges dismissed. But rather than puzzling this out on your own, contact an experienced Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately for a free consultation.
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May 14, 2014

Why Does Everyone Seem to Have Advice For You About Your Los Angeles DUI?

by Michael Kraut

Getting a DUI in Los Angeles – and announcing it to the world – is a lot like getting pregnant or going on a diet. Everyone seems to have tons of advice for you, even if they have never experienced the situation themselves. Think about all the ridiculous advice non-parents give parents on airplanes about how to keep their kids quiet.

•   “Feed him some popcorn”
•   “Give him another bottle”
•   “Give him a toy”
•   “Take away that other toy”
•   “Don’t listen to that jerk”
•   “They are ready to fly at Y months, not X months… so you shouldn’t be on the plane”

And so it goes with many things in our life – we are forced to take unsolicited advice from people who don’t know what they are talking about. It can get frustrating.

In the case of your Los Angeles DUI defense, this random noise can be pretty destructive as well as distracting. For instance, there are certain myths about DUI defense that just will not die, such as the idea that chewing on a penny or drinking mouthwash will substantially change your breath test results.

There is no need to rehash the science (again) that refutes such myth. But they persist. If you take advice from the wrong people, you could make your situation worse and simultaneously miss out on more effective solutions.

The moral is this: leave the nuts and bolts of your defense up to experienced people. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers can explain your Los Angeles DUI defense options and build you a sound and reasonable defense.

May 5, 2014

A Quick Thought Experiment about Your Los Angeles DUI

by Michael Kraut

As someone who’s been arrested for the crime of driving under the influence in Los Angeles, you’ve already spent a quite a lot of mental energy figuring out how you’re “going to deal with this” in a constructive fashion. You’ve potentially imagined worst case scenarios – i.e. massive jail sentences, huge spikes in your insurance rates, the loss of your job, etc – as well as positive outcomes – e.g., getting the charges dismissed altogether and even getting a letter of apology from the police for inconveniencing you.

But just imagine for a second what would have happened, if the police hadn’t stopped you that night?

What if you hadn’t been pulled over or busted at a checkpoint? How would your life be different? Would you be as concerned about your driving habits and/or proclivities to consume alcohol and/or prescription medications? Would you be as alert as you are now to your possible bad habits?

The reason why it’s good to run through this thought experiment is that it can help reframe your Los Angeles DUI arrest in a slightly more positive light.

Even if you wind up serving jail time and suffering other slings and arrows doled out by the court system, your arrest can still be an object lesson. After all, you survived the experience. Many people who drive DUI don’t. So no matter what happens, you’re getting a second chance. If you can view your DUI defense as an opportunity for self growth and improvement – as difficult and perhaps absurd as that may sound – it will help you not just psychologically but also logistically. After all, assuming you did commit a crime, the court will want to see that you’re committed to turning yourself around — to becoming a safer and more responsible driver.

Do not make your defense decisions in a vacuum, however.

Let the Kraut Criminal & DUI Lawyers guide your progress and ensure that you follow a coherent, cogent legal strategy. Attorney Kraut is a former prosecutor who attended Harvard Law School. Local and national news organizations, such as KTLA News, The New York Times, and the Los Angeles Times, often consult him for his deep insight into the Los Angeles DUI defense process.
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