Driving Under the Influence

September 24, 2012

Burbank DUI Dangers: The New iPhone 5 is Great, but it Could Provoke DUI with Distraction Charges

You just bought a new iPhone 5 — you want to immerse yourself in your new toy, not dwell on something somber, like Burbank DUI law.

But understand that cell phones and other personal digital devices can not only endanger your life (and the lives of other motorists) but the can also complicate your Southern California driving under the influence charges, especially if you hurt someone in a crash.

The iPhone 5 offers a fantastic bevy of features and updates – even if it isn’t as revolutionary and paradigm shifting as some of Apple’s other offerings from the past 5 to 10 years. There is a time and a place to explore those innovations. But behind the wheel is not that time or place!

In fact, if you text or update social media sites or “explore new apps” while driving, your risk for getting into an injury accident spikes substantially. In fact, research out of places like Virginia Tech and the National Highway Traffic Safety Administration suggests that people who text while driving are actually more dangerous than people who drive under the influence in Burbank and elsewhere.

The basic problem
When your attention is elsewhere – i.e., not on the road – your reaction time slows down.

We’re all used to the concept of “multi-tasking.” But humans did not evolve to multi-task. If you are typing in a number or a snarky tweet, your full attention is not on the road. Most of the time, that won’t matter. But if you have to make a sudden stop or deceleration or acceleration, you might lose several milliseconds – or even full seconds! – on your reaction time. And that loss of time can mean the difference between a safe trip home and a life ending catastrophe.

For instance, some studies suggest that steering capability decreases by over 90% when you text on your iPhone 5 (or other device). Another famous study out of Virginia Tech said that your risk of crashing increases by over 20 times (!!) when you text. Yet other research suggests that someone who is above the Burbank legal limit for DUI (0.08%) will have a reaction time decreased by around 12%; whereas a texting driver will have a reaction time decreased by 35%.

A big difference!

Driving under the influence and texting simultaneously can lead to DUI with distraction.

When you combine DUI with texting, you can create a super lethal cocktail – and you can also get into extra trouble with the law. Both DUI and texting/dialing your iPhone 5 can impede your reaction time and general thought process – but it’s unclear just exactly how much more dangerous this cocktail of behaviors might be.

Are the risks just additive? In other words… say your risk for getting into an accident increases by 10% if you text and 5% if you drive DUI. Does that mean your overall risk increases by 15% when you combine those behaviors? Or does the combination actually jack up your risk even more – by, say, 30%? Nobody knows, since science on the subject is pretty new.

Getting help
The team here at Burbank’s Kraut Criminal & DUI Lawyers can help you understand what you need to do to battle back against your charges, whether you have been hit with a DUI while distracted in Burbank charge or other DUI charges. Attorney Kraut is a former city prosecutor, and he can leverage his connections, intuition, and knowledge of the law to help you greatly.

September 19, 2012

Even President Obama Cannot Save Amanda Bynes from Los Angeles DUI Charges

by Michael Kraut

Actress Amanda Bynes, star of Easy A and What I Like About You, has encountered some serious Los Angeles DUI troubles.

The CA Department of Motor Vehicles officially stripped her license last week, and prosecutors also formally hammered her with double hit and run counts. Bynes allegedly caused two accidents:

One where she banged in the back of a woman’s Toyota and then drove off, after she unilaterally “assured” the woman that no damage had been done;
One where she smashed into a sheriff’s patrol car with her BMW.

If convicted, Bynes could face up to half a year in jail and a fine of $1,000… on top of the full year license suspension.

Bynes’ response to her April Los Angeles DUI arrest earned her an additional few 15 minutes of fame. First, she refused both the breathalyzer and field sobriety tests, claiming “I don’t drink.” Secondly, and perhaps more infamously, she twittered her case to President Barack Obama: “Hey @BarackObama… I don’t drink…. please fire the cop who arrested me. I also don’t hit and run. The end.”

Bynes has denied any wrongdoing, and she has accused critics in the media of “writing fake stories about me.”

Although many did mock Bynes’ press strategy after her Obama tweet, her angry/impetuous reaction is not uncommon. In fact, most DUI in Los Angeles defendants struggle to communicate their situation to friends, family members, co-workers/clients and the public at large. It’s easy to overreact or underreact — to allow your reputation problems to consume you and to fall victim to additional stress, anxiety and potential legal trouble.

The best antidote to the confusion/frustration is to get strategic representation from a respected Los Angeles DUI criminal defense attorney. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers worked as a prosecutor of DUIs and similar cases for the city for nearly 15 years. Prior to that, he attended Harvard Law School.

His sharp but compassionate approach to DUI defense may be just what you need to get your life back in order and to deal with your myriad stresses and potential punishments.

August 29, 2012

Pasadena DUI News – Apparently, Lawnmower DUIs are Back in Style

by Michael Kraut

Hopefully, your Pasadena DUI arrest and charges were slightly less embarrassing than James David Gray’s.

According to The Gainesville Sun, the Floridian was busted for a lawnmower DUI earlier this month, when police officers saw him piloting his rented mower down the wrong way of a Florida street. The deputy who stopped Gray said that the man had a cold beer in his cup holder. He also allegedly confessed to having consumed 18 beers — apparently, his first alcoholic beverages in two years.

Gray’s breathalyzer test results were not particularly auspicious, either. While in police custody, he blew a 0.147% and 0.138% BAC, respectively. As dutiful readers of our Pasadena DUI blog know, the legal limit for a DUI here in Southern California is just 0.08% — even lower under certain special circumstances (such as if you are underage, etc).

So in addition to all the inglorious punishments you can face, including prison time, points on your driver’s license, suspension of your CA license, restrictive probation terms, fines, fees, bumps on your auto insurance, mandatory alcohol classes, and other dubious punishment, you also face indirect problems. For instance, say you’re at school — at UCLA or USC — and your license gets suspended. How are you going to get to class? How are you going to work or job? If you can’t get do those things, then how can you even exist out here as a student, employee, etc?

The degree to which you can successfully defuse your Pasadena DUI situation is to the degree to which you can gain control over vast swaths of your life, work, and future.

To that end, you need to choose your Pasadena DUI criminal defense attorney carefully. One of the reasons why so many people trust Michael Kraut of the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is that he is a former prosecutor: he spent 14 plus years “on the other side,” putting DUI drivers behind bars. He has also won great respect and admiration not only from his criminal defense clients but also from his legal peers – judges, prosecutors, etc. – past and present. Connect with attorney Kraut right now for a free and confidential case consultation to figure out what you can do to get out of your mess.

August 27, 2012

Sherman Oaks DUI Arrest for Joe Simpson (Jessica Simpson’s Dad)

by Michael Kraut

Fifty four-year-old Joe Simpson, father of iconic singer and TV personality Jessica Simpson, was arrested for driving under the influence in Sherman Oaks earlier this month.

The LAPD tagged Joe around 10 P.M. when they saw him driving strangely on Ventura Boulevard. Officers noticed symptoms of Sherman Oaks DUI and decided to take him to the station. Criminal charges have yet to be filed against Simpson, and the 54-year-old does not have any offences on his record. So his prospects for dealing with the situation seem pretty good. After all, it’s not like he got into an injury DUI in Sherman Oaks – which can be prosecuted as a felony per California Vehicle Code Sections 23153(a) and 23153(b). And there were no other complicating factors, such as multiple priors, evading arrest, hit and run, etc.

Nevertheless, even if you get tagged for something as simple as a misdemeanor Sherman Oaks DUI at a routine DUI checkpoint or traffic stop, the consequences for your career, license, insurance rates, and even personal freedom could be drastic.

For instance:

• You could wind up spending a not insignificant amount of time behind bars;
• You could get your California license suspended;
• Once a conviction is on your record, any crimes you may commit in future can be punished much more harshly.

So Simpson is likely not sweating the fines that he might have to pay: his multi-multimillionaire daughter could probably help him with that. But the crime could influence many other aspects of his life. For instance, if your driver’s license is suspended, your ability to get around L.A. is obviously really limited. Unless you’re wealthy enough to hire a chauffeur to drive you around town every time you want fresh eggs and milk (or whatever), you have a problem.

Likewise, no matter how wealthy you are, the threat of a jail sentence always lurks. No matter how many millions or billions of dollars you have in the bank, you are not immune to Southern California or federal law.

Perhaps you are in a similar situation to Joe’s. Or maybe you’re facing a far more devious and frustrating bind. In either case, you want to find a Sherman Oaks DUI criminal defense attorney who has lot of practical experience and knowledge dealing with your type of case.

More than that… you want to find someone who can help you meet your diverse challenges simultaneously. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles and the Valley has ample experience and resources to help you. Mr. Kraut has a special background, which few others in his industry have. He worked as a prosecutor for the city of Los Angeles for 14 years.

This perspective – along with his Harvard Law School education – has helped Mr. Kraut creatively deal with complex, multidimensional cases. It’s why he is recognized by his peers for his excellent service and why he is often called upon to speak about DUI matters on KCLA News and why he has been featured in The New York Times, Los Angeles Times, and beyond. Connect with attorney Kraut today to get a free and fair consultation about how to manage your challenges. (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123)

August 13, 2012

Detroit Lions’ Eric Wright Got His Los Angeles DUI Charge Dropped? What about You?

by Michael Kraut

On the Monday before last, the Los Angeles County District Attorney dropped Los Angeles DUI charges against Eric Wright, a former cornerback for the Detroit Lions.
Per the Los Angeles Times, Wright had gotten into a car crash near the Staples Center. Police said he refused to take a Los Angeles DUI breathalyzer test or submit to a field sobriety test.

Since the car accident caused an injury to someone, Wright was initially hit with a felony DUI charge. As regular readers of this blog know, standard misdemeanor DUI charges (per CVC 23152(a) or 23152(b)) can be bumped up to felony DUI counts (per CVC 23153(a) or 23153(b)). You probably are familiar with the distinction between misdemeanor and felony convictions. But you may not “get it” viscerally. Please understand: convicted felons lose important rights (e.g. the right to vote), and they can face over a year behind bars.

In any event, Wright is lucky that no charges were filed, since he could have potentially faced disciplinary actions from the National Football League. He just signed a $37 million deal with the Tampa Bay Buccaneers for a five year contract – a contract, which presumably might have been jeopardized had he been charged and convicted.
This blog has reported on a prolific number of NFL related DUI offences this past year or so.

The Detroit Lions in particular seem to be prone to getting into DUI related trouble. Aaron Berry, the cornerback positioned to replace Wright on the Lions’ squad, got hit with a DUI charge the previous Saturday and slapped with additional counts of failure to stop, failure to give information to police, and causing damage to an unattended vehicle.

Will you likewise be able to get your Los Angeles DUI charge dismissed or pled down to a lesser offence?

There is really no way of knowing, unless you talk to an experienced and thorough Los Angeles DUI criminal defense lawyer, like Mr. Michael Kraut of LA’s Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028).

Why work with the Kraut Criminal & DUI Lawyers?

• Attorney Kraut served as a prosecutor for 14 plus years before taking on criminal defense cases. As a result of his experience as a prosecutor, he understands the kinds of strategies that will be used against you, and he can prepare you effectively;
• Mr. Kraut is Harvard Law School educated;
• Mr. Kraut has won extensive plaudits from his legal peers, prosecutors, judges, and the lay press;
• Mr. Kraut can provide a free and confidential consultation to you to help you regain some peace of mind and develop a smart strategy to get out of your mess.

August 8, 2012

If Arrested for DUI in Long Beach, Do NOT, Under Any Circumstances, Spit in the Police Officer’s Face

by Michael Kraut

When you got arrested for driving under the influence in Long Beach, you were not exactly pleased. No one is.

The decisions you make after you get stopped, however, can have an enormously profound impact on your ability to fight the charges — i.e. to get them dropped or pled down to lesser offences — as well as on your capacity to regain emotional equilibrium after the event.

For an extreme example of what “can go wrong” after a DUI arrest, let’s turn our attention northwards to Boise, Idaho. Last week, police arrested 53-year-old James P. Krapp (real name) for driving under the influence and a host of other crimes.

July 30, 2012

More NFL Glendale DUI Drama: Marshawn Lynch Slapped with a DUI in California

by Michael Kraut

Driving under the influence in Glendale or anywhere else in California can lead to conviction under California Vehicle Code Sections 23152(a) or 23152(b), which can result in serious jail time, fines, fees, and other radically harsh punishments – even if you didn’t hurt anybody and even if you were just “a little bit” over the limit.

On the one hand, it should a “no brainer” to avoid driving DUI. On the other hand, it’s a relatively common offense – even among famous politicians and athletes and celebrities. Consider, for instance, the debacle that has been the National Football League: since the conclusion of the Super Bowl back in February, there have been 27 DUI-related arrests of NFL players. One of the folks caught up in the dragnet is Marshawn Lynch, a runningback for the Seattle Seahawks. He was hit with a charge of DUI in California up in Alameda County (Emeryville).

According to news reports, officers saw Lynch weaving around I-880 in a Ford Econoline van. CHP officers said that Lynch almost crashed into two other vehicles on the road before cops stopped him. He was put through the paces of a field sobriety test, arrested, booked, and then tested again with a breathalyzer test while in jail. Lynch’s attorney stated that his client was under the 0.08% BAC limit that defines the limit for DUI in Glendale and elsewhere, per CVC 23152(b).

But Lynch will likely face additional challenges due to his criminal history. Back in 2009, Lynch pled guilty to a misdemeanor gun charge here in Los Angeles and got 80 hours of community service along with a multiple game suspension. Back in 2008, he hit a woman with his car in Buffalo, NY and then drove off – resulting in a hit and run charge.

Will the discrepancies in Lynch’s blood alcohol tests ultimately help him get the charges dropped? Will his past criminal history and other brushes with the law impact his legal fate?

At this point, it’s impossible to know. His court date is scheduled for August 14th.

What you can learn from Lynch’s situation, if you have been charged with driving under the influence in Glendale?

The main takeaway is that subtleties about your arrest (or accident) — as well as your background — can dramatically influence your ideal strategic course, legally speaking. For instance, if the Glendale breathalyzer test that officers used on was miscalibrated or otherwise inappropriately handled, you might be able to build a case to get the breathalyzer evidence dismissed entirely (and thus possibly get your charges dropped or substantially reduced). On the other hand, if you can’t make that argument, you will need to find to some other way to develop a defense.

Very few people have the same sense for the subtleties of Glendale DUI law than attorney Michael Kraut of Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Mr. Kraut is a Harvard Law School educated lawyer who is often quoted in publications like the New York Times and the Los Angeles Times as a DUI expert. He is also a former city prosecutor – that means that he understands the mindsets and motivations of those who will be prosecuting you.

July 23, 2012

Long Beach DUI News: Ugh, Yet Another Revered Sports Celebrity Busted for DUI – This Time It’s Jason Kidd of the New York Knicks!

by Michael Kraut

Everybody knows that you’re not supposed to drive under the influence in Long Beach or anywhere else in the country.

Yet it seems like sports celebrities, in particular, have been forgetting this fundamental rule.

In a recent post, we talked about the rash of recent NFL-related DUIs. Today, we’re going to go to a different sports league — the NBA — and take a look at the arrest of Jason Kidd, a celebrated guard for the New York Knicks. According to repots, Kidd piloted his Cadillac Escalade into a telephone pole in South Hampton, New York and then continued to blaze a trial into the woods. The 39-year-old Kidd was taken to a local hospital (South Hampton Hospital) for treatment for his minor injuries and also tagged with a misdemeanor DWI charge. Kidd recently signed a three year contract with New York – worth $9.5 million. He is a 10 time NBA All Star.

Not exactly role model behavior.

Kidd apologized to his fans via his Twitter account: “I regret any disruption my accident last weekend may have caused members of the community and want to thank the local authorities… I’d also like to thank my family and friends for their support.”

Why are so many NFL players, NBA players, and other sports figures getting arrested for crimes like driving under the influence in Long Beach and elsewhere in the Southland?

The answer could be diverse. It could have to do with high adrenaline living that characterizes many sports celebrities. It could have to do with a lack of proper education about the dangers of DUI or how to prevent it. Unfortunately, there is lot of misinformation – and a lot of condescension – with respect to DUI out there.

If you or someone you care about was recently arrested and charged with DUI in Long Beach, you will likely encounter some serious friction – not only from the authorities but also from friends and family members who should support you better.

Defining and building an effective DUI defense means getting the right people “on your team.” Long Beach DUI defense lawyer Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) is an esteemed, experienced attorney who can talk to you about your case and help you develop a sound defense to get your life back together.

Connect with Attorney Kraut – a Harvard Law School educated former city prosecutor – today to being your path to a more sober and safe future.

June 11, 2012

Another Beauty Queen Charged with DUI in Hollywood: Former Ms. Arizona Teen USA Faces Half Year Behind Bars

by Michael Kraut

18-year old Tori Vance, who was arrested for driving under the influence in Hollywood last month, was officially charged with two crimes last week.

The Miss California hopeful, who moved to LA to pursue a modeling career after winning her state’s beauty contest two years ago, apparently made an illegal U-turn, which caught the attention of the Hollywood PD. She failed her Hollywood field sobriety test (allegedly) and tested at just above 0.08% BAC. As regular readers of this blog know, that’s the cutoff point for DUI, according to California Vehicle Code Section 23152(b). A conviction can result in significant time behind bars (Vance faces up to six months in jail) as well as fees and fines, compulsory interlock ignition device installation, mandatory alcohol school, tough probation terms, and a slew of other inconvenient charges that could really put a damper on her modeling career.

Not ideal, in other words.

You may not have driven DUI with a baby on top of your car, but judging from the responses you’ve been getting from friends and family, you might feel like you did something along those lines.

Being a DUI defendant in Hollywood, Long Beach, Burbank or wherever is by no means is an easy proposition. Forget about the challenges that you potentially face: Suspended license, jail time, mandatory IID installation, compulsory probation, and on and on. You also need to deal with the potentially damaged relationships in your life!

Some people might be supportive of your DUI defense; others won’t be — perhaps sadly and surprisingly so.

The environment that you are in can be chaotic, uncomfortable, and confusing. Not only do you need creditable legal advice, but you also need more general support as you try to figure out what to do about your charges and how to deal with the many and diverse problems that have been either caused or worsened by the arrest or the accident.

An experienced Los Angeles criminal DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (Local: (323) 464-6453 Toll Free: (888) 334-6344) can help you get to the heart of your issues. As a former prosecutor who understands what motivates prosecutors and how to negotiate with them, Mr. Kraut can provide a stellar defense. But he can also go further and give you resources, tools, and a general sense of equilibrium, so that you can regain your balance and get back to life and work.

April 30, 2012

Long Beach DUI News: Tragedy Out of Florida — Student Jumps to His Death After DUI

by Michael Kraut

The experience of getting arrested for driving under the influence in Long Beach is an experience that few people can really appreciate on a visceral, emotional level.

If you or someone you care about was stopped at a check point or arrested after an accident for DUI, your world probably feels upside down right now. No one expects to get a DUI. No one plans for it. But then, all of a sudden, you are tagged with one, and your life gets launched in a new, unexpected, and unwanted direction. And it wasn’t as if you had tons of time on your hands prior to your Long Beach DUI arrest or that your life was simple and carefree, either!

This preamble is an attempt to explain – or least put into context – a DUI-related suicide out of the University of Florida. 26-year-old Michael Edmonds, Jr., died the Sunday before last after jumping down the stairwell at the University of Florida’s Ben Hill Griffin Stadium. Edmonds had been arrested the day before on a DUI charge. The next day, a student heard a loud noise coming from the stadium and rushed in and found Edmond’s body on the sidewalk. She dialed the police while others arrived to assist, but Edmonds could not be revived. Obviously, the investigation is ongoing, and it would be premature and disrespectful to connect Edmond’s suicide with his DUI arrest.