Articles Posted in Driving Under the Influence

In an ideal world, Burbank DUI arrests would never happen. burbank-dui-paradigm-shift-part-2.jpg

But we don’t live in an ideal world. Far from it.

Instead, we live in a world in which Burbank DUIs are all too pervasive. What’s more, prosecutors, defense attorneys, judges, police, and the public all operate with false beliefs about the underlying causes of Los Angeles DUI and alcohol and drug addiction. Our inability to “move the needle” and permanently solve problems like Burbank DUI leads to needless suffering, traffic accidents, ruined lives, wasted law enforcement resources, wasted court time, and nasty indirect consequences for our entire city and country.

The Conventional Thinking
The conventional mindset about Burbank DUI prevention (held by many a Los Angeles DUI lawyer) is somewhat fatalistic. The CW suggests that Burbank DUI drivers “just don’t get it” and that they need to be punished and stripped of their rights to make Southern California’s roads safer. The problem, per the CW, is that certain drivers behave carelessly, recklessly, or otherwise inappropriately. These Burbank drivers must be bridled.

But is our punitive, blame-and-judgment-rich approach to DUI prevention really getting us anywhere?

Advocates of the current anti-DUI regime might say Yes. They might point to bright spots in the research, which suggest, for instance, that Burbank DUI checkpoints lead to more arrests and safer roads. You can also find data that suggest that certain types of fatal DUI injury accidents have declined over the past decade or so.

Granted. But DUI is still a pervasive problem. As any Burbank DUI attorney will tell you.

Perhaps the Burbank DUI community could benefit from a bird’s eye perspective on the process. What if we examined our core beliefs about what works and doesn’t work in terms of changing driver behavior, managing DUI-related problems and costs and helping drivers solve those problems more effectively?

Perhaps, for instance, we could think about road safety differently.

Here’s an idea, for starters: Discourage Angelenos from driving so much!

How? By doing things like eliminating sources of free parking. A recent Los Angeles Weekly article about parking theorist Donald Shoup highlighted Los Angeles’ obsession with free parking. Shoup suggests that our free parking fetish has led to many of our city’s most nasty traffic and pollution problems. By eliminating sources of free parking, perhaps we could discourage drivers from driving as much as they do.

Think about it: the fewer miles that drivers clock, the fewer DUI driving miles will be clocked as well!

We will speculate in greater depth in a follow-up post. In the meantime, if you or someone you care about was recently arrested and charged with Burbank DUI, you may need to speak with a Burbank DUI lawyer.

Consult with an experienced Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Michael Kraut is a former city prosecutor (14+ years experience in that position); he is hugely respected by his legal peers, and he boasts a terrific record at jury trials.

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The experience of getting pulled over under suspicion of driving under the influence of Burbank (or elsewhere in the Golden State) can be explosive. burbank-dui-injury-shooting.jpg

Drivers and passengers are often terrified about what might be in store. Even if you consumed no alcohol, narcotics, or prescription medications, you’ve certainly heard stories about innocent people being arrested for Burbank DUI without compelling evidence. Any good Los Angeles DUI attorney can recount dozens of these types of stories.

On the flip side, police officers themselves are often suspicious and scared, particularly if the suspect led them on a high-speed chase or otherwise resisted arrest or disobeyed an officer’s instructions. It’s easy for such suspicions to escalate and create not just hostility, but also fighting, injuries, and occasionally, fatalities. Los Angeles DUI lawyers can recount some truly devastating stories.

Consider the tragic case of a Santa Clara DUI stop gone awry.

The Saturday night before last, a 42-year-old man was pulled over on suspicion of DUI on Karen Drive in Santa Clara. According to a report in the San Francisco Chronicle, the suspect “became uncooperative, and the city police officer called for backup…before additional units could arrive, the suspect reached for a revolver.” The arresting officer then fired at the suspect in self-defense, killing him in his car. The officer has since been put on administrative duties, pending the results of internal Santa Clara Police Department investigation, done in conjunction with the Santa Clara County DA’s office.

Fortunately, most Burbank DUI stops don’t end so tragically. But the lack of trust — combined with the adrenaline-fueled atmosphere of a Burbank DUI stop — can cause officers and suspects to behave inappropriately, uncooperatively, and dangerously.

For instance, a Burbank DUI suspect may compound his or her potential legal problems by trying to flee the scene or by becoming overly aggressive (or defensive or even groveling) with an officer. As a Los Angeles DUI attorney will tell you: when you act inappropriately – with excessive fear, uncertainty, or aggression – you boost your likelihood of getting into more trouble than you deserve.

Likewise, police officers are liable to compound problems at DUI traffic stops by making drivers unnecessarily uncomfortable. Simple judgment errors or problems with breathalyzers can lead to innocent people being arrested for driving under the influence in Burbank and lead to a general waste of limited taxpayer resources and energy.

How Can We Make the Burbank DUI System Function More Effectively?

The big takeaway here is that police officers, defendants, Los Angeles DUI lawyers, and others need to stay present to the needs and concerns of others as well as to their own needs and concerns.

If you have been stopped for a Burbank DUI after a hit and run, for instance, stop the cycle of bad decision-making and limit your damage. Even if you are still recovering from a horrific night, the team here at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810 )will help you figure out what to do next and to be more strategic in how you approach your legal situation. Attorney Kraut is a vastly experienced, Burbank DUI criminal defense attorney who is highly respected by his peers. As a former Deputy District Attorney for Los Angeles and a Harvard Law School graduate, Attorney Kraut will help you make more effective decisions.

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The number of ways a Pasadena DUI accident could lead to injuries and fatalities is vast. Probably infinite. But there are certain types of accidents that are very unlikely to occur. For instance, DUI snow-cat arrests are zero every year because of Pasadena’s year-round warm weather.dui-truck-accident-pasadena.jpg

What about horses?

Could Pasadena witness a DUI accident or fatality involving horses or other riding animals? The question does have some public interest. Consider that last week, Illinois authorities sentenced a Michigan man to 14 years in jail for killing a female horse rider while driving a truck DUI.

According to an AP report, Angus Lake had been partying one night in April last year at a local Michigan racetrack. Two women at the same party went out to ride their horses. Confused, Lake went to search for them in his truck. Bad idea. He ran into 25-year-old Michelle Eustis on her horse, killing her and seriously hurting the other woman. Prosecutors allege that Lake’s BAC was nearly twice the legal limit for Illinois (or Pasadena) DUI of 0.08%.

Injury DUIs in Pasadena are charged according to a special set of laws, California Vehicle Code Sections 23153 (a) and 23153 (b). Technically speaking, as a Los Angeles DUI lawyer will tell you, these CVC codes are distinguished from the “standard” Pasadena DUI CVC codes by just a single digit – 23153 instead of 23152. Don’t be fooled. 23152 and 23153 are worlds apart in terms of what they mean for sentencing. For instance, the difference for you could mean a misdemeanor charge and a felony charge (which can radically alter your life in ways that misdemeanors cannot).

Of course, myriad factors go into prosecutorial decisions. How did the injury accident happen? Was the other driver at fault or partially at fault? How were the BAC tests conducted? Were they properly calibrated? Did the officers make any errors of procedure or somehow violate your constitutional rights? The questions are seemingly limitless.

To meet your challenges, therefore, it really helps to connect with an experienced Pasadena DUI defense attorney, such as the Kraut Criminal & DUI Lawyers’s Michael Kraut. Attorney Kraut is a Los Angeles DUI lawyer who has worked in the trenches of Southern California DUI Law for nearly two decades. He spent 14+ years as a Deputy DA for the city prior to switching to help criminal defendants in his role with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899).

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Most people believe, without a shred of a doubt, that “a Burbank DUI would never happen to me… or anyone I respect.” This kind of thinking is understandable. After all, DUIs are only something that careless celebrities and recidivist alcoholics get. Right?dui-mayor-burbank-dui-lessons.jpg

Think again.

In fact, the diversity of Burbank DUI defendants is far vaster than most people realize. Defendants have included sports heroes, political figures, (yes, celebrities), “responsible” housewives, business people, homeowners, senior citizens, and practically everyone in between.

Even politicians can find themselves in great legal disarray due to poor decision-making. Witness the case of 62-year-old Retha Sturdivant, the mayor of the South Carolina town of Atlantic Beach. South Carolina police officers allege that they saw Sturdivant stop her SUV at green lights multiple times. After witnessing this very odd – and certainly dangerous – behavior, officers stopped Sturdivant on the Main Street Bridge in the town of Conway. Police said that Sturdivant exhibited the classic symptoms of a Burbank DUI (and DUI anywhere in the country), including glossy eyes, lack of coordination, and a general lack of sharpness and responsiveness. Sturdivant was put through the paces of a field sobriety test. The officer who conducted the FST said, “The subject was swaying, used her arms for balance, and put her foot down many times.” Officers not only arrested the mayor, but they also found a diverse sampling of medications on her, including Percocet, Toradol, and Flexeril.

This is not the first time that Atlantic Beach’s mayor has come under the gun for legal problems. On Christmas 2007, she was arrested and put on probation. Last July 13, she also faced problems with her administration. According to the heraldonline.com, a Rock Hill, South Carolina, publication, “Her first attorney was disbarred and is serving jail time for trying to have a former law partner killed.”

Sturdivant also allegedly was involved in a hit and run accident April 2009. She was arrested and charged with driving under the influence, although those charges were later dismissed due to problems with the breathalyzer test.

She was also arrested back in January 2011 for trespassing on Town Hall itself!

Sounds like something of a disaster.

Unfortunately, individuals who are recidivist offenders – who break the law multiple times – run the risk of profoundly-life altering Burbank DUI penalties. “Escaping from the charges” might be a worthy goal, but ideally, you want to examine the root problems that have caused you to clash with authorities. You need to rectify those problems ASAP – not only to prevent getting into further trouble, but also to protect yourself and others in your community from harm.

Connect immediately with a Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to understand your rights and resources and begin the process of rebooting your life, career, and reputation.

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It’s one thing if you or a neighbor or a co-worker gets arrested for Glendale DUI. That, in and of itself, is kind of disturbing. But what if one of the nation’s top safety experts gets arrested for driving on the wrong side of the road while under the influence of alcohol? How would you feel? Would you feel dismayed? Flabbergasted? Outraged? All of the above?Randy-Babbitts-mugshot-DUI.jpg

This is not a theoretical example. It actually happened the weekend before last, when 65-year-old Jerome Randolph Babbitt, the head of the Federal Aviation Administration, was arrested for DUI in Fairfax, Virginia, then taken to an adult detention center.

According to the Washington Post, Babbitt has requested a leave of absence from his position in the wake of the arrest. He had been serving a five-year term. Michael Huerta, the Deputy Administrator of the FAA, will take over in Babbitt’s absence.

On some level, the jaded among us have grown to expect this kind of behavior even from our highest elected and appointed officials. On another level, we also recognize the inherent dangers of driving under the influence in Glendale and elsewhere. We find ourselves caught up in paroxysms of anger and despair as we contemplate these misdeeds.

Here is another way to think about Glendale DUI arrests – and arrests for DUI elsewhere in America including Fairfax, Virginia and beyond. It is a far more empathetic, compassionate, and non-judgmental way to think. This way probes the fundamental causes of misbehavior and bad judgments. This way asks questions like: Why might someone like Babbitt drive under the influence or drive on the wrong side of the street? What circumstances might have influenced this decision? What can we do to prevent Glendale DUI injury accidents? What incentives, disincentives, social pressures and educational resources will make the roads safer and instill a sense of community among drivers?

This discussion may be a bit theoretical if you or someone you care about faces a scary charge of Glendale DUI pursuant to California Vehicle Code Section 23152(a) or 23152(b). Fortunately, you need not fight this battle all on your own. An aggressive, results-focused Glendale DUI criminal defense attorney from the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can help you assess your situation and fight the charges against you. Mr. Kraut is an experienced former prosecutor with a Harvard Law School background, and he has served as a legal expert for the Los Angeles Times, KTLA, and even US Weekly.

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In a recent blog post, we enumerated the many unpleasant, repugnant penalties for Long Beach DUI. We won’t belabor them again, but they include jail time, massive fines, probation, mandatory installation of an IID, alcohol school, etc. long-beach-dui-worse-than-jail.jpg

But is that really the worst of it?

In the worst-case scenario, you could at least imagine yourself surviving these penalties and carrying on with your life. No one wants to spend three months in jail or pay thousands of dollars in fines. But life is long, second chances abound, etc.

In some sense, this attitude is correct. In another sense, however, it ignores the far more insidious but potentially terrifying, debilitating indirect penalties of a Long Beach DUI conviction.

Punishment worse than jail?

There are, believe it or not, worse things than going to jail. Unless you commit a truly heinous crime, jail is a temporary situation. However, the long-term “metaphorical prisons” that we build for ourselves can incarcerate us for a lifetime. Bad habits beget bad habits. Bad self-image begets worse self-image. And so on. Indeed a Long Beach DUI conviction can be the first step on a slippery slip towards an unfulfilled and unfulfilling life.

Consider the hazards potentially in your way:

• Conviction makes it more likely that you will be punished harsher for any future crimes or infractions;
• Conviction will almost certainly spike your car insurance rates (assuming that you are still allowed to keep your license) for years, draining your pocket book of potentially of thousands of dollars;
• Once convicted, you may find yourself judged harshly by employers, acquaintances and people in your social circle as well as by close family members and even by yourself.
• If you “don’t believe in yourself” or lack support from friends or family members who’ve “given up on you” you may find it harder to get a job, harder to get a loan, harder to find the inner resources to fight through obstacles in your way, be they career obstacles or even medical problems.
• Loss of driving practice and mobility. If your license gets suspended, you may have to lean on public transportation, friends and family members, and ingenuity to survive. If you are like most people who live in and around Long Beach, you likely depend heavily on your car, truck, or motorcycle to deal with the “stuff” of life.

Count those costs. How many hours of productive time will you have to sacrifice? Will you be fired? Will you sap your spouse’s productivity and thus limit his or her income? What about loss of confidence behind the wheel?

Once you’ve been convicted for a serious violation, such as a Long Beach DUI, you may lose confidence in your ability to drive safely and effectively. Your driving persona may change for the worse.

Fortunately, you don’t have to go through the gauntlet of defending yourself by yourself.

An experienced Long Beach DUI criminal defense attorney from the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) can help you develop a powerful strategic response to whatever charges you face. Attorney Kraut is a former Deputy District Attorney with a fantastic track record at jury trials and a Harvard Law School Education.

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How much will your Pasadena DUI cost you, in terms of energy, freedom, and, perhaps most substantially, money?pasadena-dui-costs.jpg

If you face Pasadena DUI charges, this question – and all the branches of thought that it generates – no doubt weighs heavily in your mind. A recent Fox Business news article suggested some very sobering numbers: “(if convicted) you should expect your insurance rates to double. That varies from driver to driver, of course.”

A 24-year-old Seattle woman who got DUI with no priors found that “her insurance quotes spiked radically.” Before the accident, she “saw quotes from $742 to $1,814 a year for basic liability and personal injury protection.” After the misdemeanor DUI – no injuries, no complications, no priors – “her insurance quotes ranged from $1,608 to $2,492.” As long as your DUI remains in your record, you likely have to pay these steeper rates.

So let’s do a little math. Say a 24-year old gets a Pasadena DUI, and her insurance hikes up from $800 a year to $1,600 a year. So she’ll be paying $800 extra a year. Multiply that by three years and that’s $2,400. For some people that’s equal to a year’s worth of car payments.

Also, that’s just the insurance costs, and that’s just for standard “garden-variety” Pasadena DUI charges. That $2,400 figure obviously does not include court costs and fines, the money you have to pay to install a mandatory ignition interlock device in your car, and so on.

Moreover, even those costs likely underestimate the total resource drain. After all, Pasadena DUI defendants often have to take time off of work to go to court — money lost there — and they may need to make significant changes to their daily schedule — even more money lost there. And this is to say nothing of the psychological toll that a DUI conviction can have on someone. A person who suffers depression or other emotional problems as a result of a Pasadena DUI conviction will likely work fewer hours. Likewise, in certain cases, a DUI conviction can mean the end of your job. At the very least, it can seriously degrade your professional reputation and even your reputation with close friends and family members.

So what can you do?

Step one is to get the resources and strategy you need to put up the most stiff resistance to the charges. Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is a highly reputable, experienced law firm. Attorney Michael Kraut served for 14 years as a Deputy District Attorney. Connect with a Pasadena DUI criminal defense attorney today to design and develop your smartest response.

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If you’ve been arrested, and potentially convicted, more than once for driving under the influence in Burbank, you might find it useful to evaluate the fundamental problem that’s been getting you into trouble.burbank-dui-hole-stop-digging.jpg

As Will Rogers once famously intoned, “If you find yourself in a hole, stop digging.”

All well and good. But how does that translate into action?

More specifically, if you admit that something other than dumb luck contributed to your getting arrested multiple times for driving under the influence in Burbank, how do you objectively think through what’s caused you so much pain and caused you to engage in such reckless behavior?

The standard party line is that Burbank DUI defendants are incompetent, ignorant, reckless, or (insert other negative judgment here). Labeling a person — or even a behavior — as “good” or “bad” is not necessarily that informative. It might make non-Burbank DUI drivers feel superior. It might make people who have been convicted of driving under the influence, per California Vehicle Code Section 23152 or 23153, feel guilty and ashamed. But it does not get at the root problem. A judgment is just a description, and a tenuous one at best.

So how do you make progress?

One way to make progress is to analyze the feelings and thoughts that you had before, during, and after your DUI arrest or other automobile event. The more discreet, focused, and comprehensive your survey of your thoughts and emotions, the easier it will be to spot patterns – habitual behaviors and ways of thinking. You can then use your new knowledge of said patterns to engineer a remedy.

For instance: say, after journaling about your experience, you discover that every time you’ve driven DUI in Burbank, you just-previously experienced a deep frustration, such as a job loss, family fight, or even rejection at an audition. If so, you can recognize that certain negative events trigger you to take leave of your senses. So the next time you find yourself in a situation where you are frustrated or angry, you can become consciously aware of the trigger and take measures to disrupt your pattern of partying or taking drugs to make the pain go away.

Of course, you may also have urgent logistical or legal concerns. The Kraut Criminal & DUI Lawyers in Burbank (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help. Attorney Michael Kraut is an experienced Burbank criminal defense attorney who specializes in DUI, and he can help you construct a rigorous, solidly structured defense.

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When you read in the paper (or on the blogosphere) about people getting arrested for driving under the influence in Glendale, you usually see those stories isolated of context. This is unfortunate, since the only way to extract useable lessons (including lessons about “what not to do”) is to contextualize stories. genes-and-alcohol-glendale-dui.jpg

What does that mean? It means understanding their subtleties, their back stories, etc. For instance, consider the case of the distracted “duck boat” captain in Philadelphia, who was sentenced last week to over a year in jail for plowing his sightseeing boat into an obstacle, killing two Hungarian tourists aboard.

At first blush, the story suggests that the captain was essentially a reckless idiot. However, when you dig deeper into his backstory, things get more complicated. Turns out, he had been distracted because his son had been involved in an emergency eye surgery gone horribly wrong, and he was communicating with his wife about the latest minute-by-minute in the OR. Obviously, he should not have been derelict in his duty, and he was ultimately culpable for what happened. But when you consider the situation in context, it certainly becomes more nuanced.

Similarly, genetics and other seemingly inconsequential or subtle minutiae may matter. A Glendale DUI arrest, like a DUI arrest anywhere, needs to be taken in context.

For instance, consider last week’s arrest of 22-year-old Sean Owen O’Neill Jr., in West Goshen Pennsylvania. According to police reports, the 22-year-old was arrested last Thursday on suspicion of DUI, after he crashed his car into a home. Upon first looking at the story, you might be tempted to believe that Goshen’s incident was disconnected from anything in his past – maybe he was just a youth out for some reckless, careless fun.

However, one local paper describes his back story: “The arrest is the latest in the family’s string of legal problems. O’Neill served jail as a juvenile for a 2006 shooting at a party at his home. His sister, Roison O’Neill, is in prison for a fatal 2008 drunk driving accident. And their father, pub owner Sam O’Neill Sr., was recently deported to Ireland after serving time on a federal gun charge.”

As we were discussing above: Context, context, context.

What does this all mean, in a practical sense, for you, if you’ve been charged with a Glendale DUI?

It means that the way in which you and your Glendale DUI criminal defense attorney scrutinize what happened to you – before, during, and after your arrest – should have a profound impact on your capacity to fight back against the charges, avoid the worst penalties, and rebuild your life.

Not every Glendale DUI attorney has the track record, experience, and commitment to understand your arrest in the context in which it needs to be understood. Fortunately, you can connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123 ). As a former prosecutor and Harvard Law School educated lawyer, Mr. Kraut has the wherewithal and the connections to build your case.

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Last Tuesday, Long Beach DUI checkpoints, patrols, and enforcement got a financial shot in the arm, when the LBPD received a California Office of Traffic Safety grant of $300,000, courtesy of the National Highway Traffic Safety Administration. long-beach-dui.jpg

According to a special report in the Long Beach Press Telegram, these funds will be used to sponsor “motorcycle safety patrols, DUI and drivers license checkpoints, DUI saturation patrols, red light enforcement and speed enforcement.”

The grant will fuel additional Long Beach DUI checkpoints in a bid to deter DUI drivers from getting behind the wheel and violating California Vehicle Code Section 23152(a) or 23152(b).

According to NHTSA figures, Long Beach DUI checkpoints (and checkpoints throughout the country) “have provided the most effective documented results of any of the DUI enforcement strategies, while yielding considerable cost savings of $6 for every $1 spent.

The Long Beach DUI enforcement grant will pay 10 officers to identify drivers who are DUI or drug DUI in Long Beach. On top of that, the grant will fund four additional motorcycle safety enforcement operations.

On the one hand, these increased patrols and special enforcement operations could help keep Southern California residents safer and, ideally, deter people from even thinking about committing a crime like Long Beach DUI. All that said, the law of unintended consequences can rear its head in the strangest of places and times.

While the saturation patrols could protect the public, they could also sweep innocent drivers into the dragnet and create hassles for those innocents and their families.

Challenges abound for those who want to ensure fairness in Long Beach DUI cases. If you or someone you care about has recently been stopped for driving under the influence in Long Beach, a Long Beach criminal defense attorney with the Kraut Criminal & DUI Lawyers can help you understand your rights, resources, and responsibilities and make judicious and strategic decisions in a going forward.

Depending on the circumstance of what happened, you may be able to escape harsh punishments, such as jail time, license suspension, mandatory alcohol school, strict probation, annoying court costs and fees, and long-term indirect consequences, like trouble getting work and high insurance rates. Connect with Harvard Law School educated, former prosecutor Attorney Kraut now to understand your best Long Beach DUI defense options.

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