Articles Posted in Driving Under the Influence

A roiling debate over Burbank DUI checkpoints (and checkpoints throughout the Golden State) has taken Sacramento by storm. A Democratic assemblyman from Los Angeles, Gil Cedillo, introduced legislation to prevent law enforcement from impounding the cars of unlicensed drivers stopped at checkpoints for DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles, and DUI elsewhere in CA. Cedillo’s bill passed, and it is now headed for the Appropriations Committee. Burbank-DUI-Check-point.jpg

The legislation passed — but not without some very vocal detractors, including Ellen Rosenberg, whose child was killed by an unlicensed driver in 2010. Ms. Rosenberg testified a Senate Public Safety Committee meeting and protested the bill. Opponents have cited an AAA Foundation for Traffic Safety study from 2000 that found that unlicensed drivers cause more than five times as many auto accidents as do licensed drivers. Cedillo and others point out that many DUI checkpoints are not anywhere near bars or drinking establishments and have been engineered purposely by law enforcement agents to impound cars instead of to protect against DUI.

As with most debates over how to clamp down on driving under the influence in Burbank, strong opinions are common. Reality is likely far more complicated than both sides wish to acknowledge. Unfortunately, our civic discourse often devolves to the point where sides with opposing interests simply fail to hear each other’s deep human needs.

As Marshall Rosenberg, founder of a school of thought called Nonviolent Communication, often inveighs: When two sides fail to connect at the level of need – to really empathize with one another – the solutions wind up being punitive, frustrating, and dissatisfying.

So let’s examine, as an experiment, the needs of various potentially affected people:

• Immigrant drivers who may not have a license: they need respect; they need to be able to see their friends, family, and to get to work; they need to build a life for themselves.
• Drivers and pedestrians: They have a strong need for safety on the roads and elsewhere
• Police: They have a need to exert autonomy, enforce the law, and experiment with strategies to make their jobs easier and make the lives of the citizens they protect safer and better

This is obviously an incomplete inventory. But even if you just look at this list of needs, they all sound pretty universal and understandable. The challenge, of course, becomes devising strategies that meet everyone’s needs, and that’s often not an easy thing to do – but it’s a particularly difficult challenge when various sides won’t even listen to one other.

If you have recently been arrested for DUI, an experienced Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can listen to your needs and help you come up with an appropriate strategic response to limit your penalties or get them dismissed entirely. Attorney Kraut is a former District Attorney (prosecutor) who understands Los Angeles DUI law from multiple perspectives, and he has a terrific reputation among legal peers.

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The blogosphere was ablaze (no pun intended) last week with horrific Beverly Hills DUI news – 34-year-old Ryan Dunn, co-star of the popular TV series and movie franchise “Jackass,” died last week in a catastrophic fireball. The disaster led some pundits to declare that Dunn “died as he lived” and inspired a callous tweet from the movie reviewer, Robert Ebert. Clearly, Dunn’s epic tragedy dwarfed any other Los Angeles DUI, Burbank DUI, Pasadena DUI, and Glendale DUI news last week, so let’s explore a little bit about what happened and discuss some implications.Ryan-Dunn.jpg

News Summary

Dunn had been cited 13 times for driving problems over the past 23 years – including 10 speeding tickets and one DUI from 2005 (charges for this DUI were dropped after Dunn went through a probationary program). Last Monday morning, Dunn had been driving his Porsche 911 GT3 130 miles per hour in Pennsylvania’s West Goshen Township on Route 322, when the car lurched off the road, zoomed over a guardrail, tore through trees, and burst into flames. The carnage was total: a coroner’s report has still not determined whether Dunn and his co-passenger died from fire injuries or blunt force trauma. And a toxicology report will not be available for at least a month or six weeks, so pundits will have to wait for more evidence about whether Dunn was in fact DUI or not.

Whether or not the Jackass star had indeed been driving DUI has been the subject of much internet speculation – Dunn himself uploaded a picture of him and a buddy drinking that night – just hours before the crash took place. (Witnesses did say that Dunn was not intoxicated.)

One of the big lessons is that repeatedly driving under the influence in Beverly Hills is a recipe for disaster, sooner or later. As this blog has detailed multiple times, the punishment for recidivist DUI behavior gets increasingly more stringent. A first time offender, for instance, might wind up with several weeks in alcohol school, a one-year license suspension, and a mandatory installation of an interlock ignition device in his or her vehicle – along with a day or two behind bars.

But a three or four time Beverly Hills DUI offender may not only get punished with a multiyear driver license suspension, enormous court costs and fines, and other court customized punishments, but he or she may also see an ordinary misdemeanor DUI charge elevated to a felony – a far more serious charge.

Fortunately, the Los Angeles criminal defense attorney Michael Kraut may be able to construct a strategic and logically sound defense for you. Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) has earned a reputation for excellent client service. Attorney Kraut draws upon a wealth of experience (including 14 plus years as a Senior Deputy DA for LA – a DUI prosecutor). He has earned the respect not only of past and present clients but also of other lawyers, judges, and juries.

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Many arrests for driving under the influence in Beverly Hills involve celebrities driving multimillion dollar cars. Perhaps the only other place on earth that involves as many Maserati, Ferrari, and Bugatti DUI stops is South Beach, Florida. Indeed, South Miami was the scene of a major celebrity DUI bust last week, when Miami Beach police pulled over Rapper Flo Rida for driving with a suspended license and driving with a BAC level of 0.185% (which, as regular readers of this blog know, is more than twice the legal limit for Los Angeles DUI, Glendale DUI, Burbank DUI, and Pasadena DUI.) Flo-Rida-DUI-Arrest.jpg

Flo Rida – a rapper known for breakout hits like “Right Round” and “Low” — was tooling around in a $1.7 million Bugatti when the Miami Beach PD stopped him. Here is a quote on the arrest from the Boston Herald: “After he was pulled over, the arresting officer noticed Rida’s heavily bloodshot eyes and slurred speech.” When asked to walk on a straight line, Flo finally gave up. “I can’t do this,” he told the officer. “I don’t think I can walk a straight line. I had a few drinks. Let’s do another test. I live on the other side of the bridge. I can make it home.”

Rida exhibited many symptoms similar to the symptoms of Beverly Hills DUI, such as bloodshot eyes, odor of alcohol, incoherent stories to the police, inability to pass field sobriety tests, such as the walk the line test, failure of the breathalyzer test, and probably many more not mentioned in the article write-up.

Just because you exhibited some or many of the signs of DUI, however, doesn’t necessarily mean that you are DUI – even if you blew a positive on a breathalyzer. For instance, say you spent a long time hanging out at a party, smoking cigarettes until 4 in the morning. By the time you got into your car, you likely felt fatigued, raspy, and your eyes might have been quite bloodshot. If you had one or two drinks early in the evening (which you’ve since metabolized), you may still smell a little bit like alcohol, even if you are sober.

Even if you were not out partying or studying, you may still exhibit certain symptoms that could be classified as DUI (which shouldn’t). For instance, if you are on a ketogenic diet or even a semi-starvation diet, you may produce ketone bodies to burn as fuel, and these can screw up your breathalyzer test results.

To make sense of your charges, connect with an experienced Los Angeles criminal defense attorney. Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) provides free and confidential consultations to DUI offenders. Attorney Michael Kraut is a former Deputy District Attorney for the City of Los Angeles – he actually spent 14 years in this capacity, as a prosecutor – and he has a terrific track record at jury trials and excellent reviews not only from past clients but also from legal peers.

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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.robert_watson_DUI.jpg

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.

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The California Highway Patrol released its Los Angeles DUI Memorial Day weekend statistics. According to various sources, CHP officers arrested 230 motorists in L.A. County from the period starting midnight Friday, May 27th, through midnight Monday, May 30th. All told, statewide, nearly 900 people were arrested for DUI – 132 fewer than 2010. So that’s good news, for the state. But in Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI news, other numbers weren’t so terrific. For instance, three traffic related DUI deaths happened in the first 36 hours of the Memorial Day weekend – thus L.A. County accounted for half of the six total California fatalities over Memorial Day.memorial-day-los-angeles-dui-2011.jpg

Law enforcement officials are staging another anti-DUI effort starting on July 4th weekend ending on Labor Day weekend.

It’s a statistical reality that Los Angeles DUI injury accidents are far more likely to occur during holidays, such as Memorial Day, July 4th weekend, Labor Day, New Year’s Eve, and Super Bowl Sunday. Why?

The answer is at first blush obvious: more people party on those weekends. Therefore, more drivers — on average — will likely be under the influence of alcohol, drugs, prescription medications and thus more likely to commit injury accidents.

But take this idea and follow its logical extension: you might come to some pretty interesting conclusions. Holidays encourage reckless behavior. So since carousing leads to an increase in DUIs, would restricting or eliminating holidays therefore reduce DUIs?

In other words, say, starting immediately, we decided to end all national holidays – no more Memorial Day, no more Labor Day, Veterans Day, Thanksgiving, Christmas, New Years, etc. These days would no longer be days on which people would celebrate, carouse, and be more likely to drive under the influence. Undoubtedly, this practice would save lives, probably hundreds of lives each year in every major American city — as well as prevent untold injuries and costs associated with property damage.

The question is: At what cost?

Would sacrificing all of our fun times and holidays be worth the trade-off of preserving life and protecting property?

Obviously, the philosophical implications are far too deep to explore in any length in a short blog post. But they are certainly interesting, and they go to show that controlling DUI is a lot more complicated than simply setting up a checkpoint here and there and spreading educational campaigns. These issues touch on the very fabric of who we are as a people.

A Los Angeles criminal defense attorney, such as Michael Kraut (Kraut Criminal & DUI Lawyers – 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028), a former prosecutor with a terrific record at jury trials, can help you understand how best to fight back against the charges you face. Whether you’ve caused minor property damage while DUI or got stopped at a checkpoint and tested to have a BAC level of just slightly over Southern California DUI limit of 0.08% BAC, Attorney Kraut can help isolate, design, and execute a sound strategy.

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The crime of driving under the influence in Glendale (or anywhere else, for that matter) is serious enough. But when DUI drivers compound their problems by doing things like driving the wrong way on the freeway, accidents can happen far more easily – and these accidents have a far greater likelihood of leading to fatalities. Wrong-way-DUI.jpg

Not all the scary California DUI news has to do with Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI events – stuff that this blog normally tries to cover. Sometimes, our neighbors in the northern CA also get into trouble. Case in point, Mercury News is reporting on a terrifying story about a 57-year-old taxi driver, Steve Sharek, who drove his cab up an off-ramp onto Highway 1 – a misadventure that ended in a significant accident (although, fortunately, not a fatal one).

Here’s the story, per mercurynews.com: “About 1:50 P.M Monday, Sharek drove a taxi up an off-ramp at State Park Drive in Aptos to southbound Highway 1 in the wrong direction, the CHP said. The driver apparently realized his error and made a U-turn…by that time, a 57-year-old Aptos woman in a white, 1994 Toyota Avalon slammed on her breaks (and slammed into a 2001 Chevrolet Suburban).”

Fortunately, both the Aptos woman and the driver of the Suburban escaped without significant injuries, at least according to news reports. After his U-turn, Sharek attracted the attention of CHP officers, who pulled him over and arrested him under suspicion of DUI.

Most defendants understand that charges of injury DUI in Glendale may be more significant than simple Glendale DUI charges. But how different, exactly, are these crimes?

If you look at the California Vehicle Code sections that describe these crimes, you might not see much of a difference… at first.

A typical misdemeanor DUI, for instance, might be charged pursuant to CVC 23152 (a) or 23152 (b); whereas a typical injury DUI would be charged under CVC 23153 (a) and 23153 (b).

If you glance at these CVC codes quickly, they look basically identical!

But there is an enormous, profound difference. A 23152 charge is generally a misdemeanor – a serious crime, to be sure. But a 23153 charge, on the other hand, is a felony charge. Convicted felons can wind up with extensive prison sentences. So even if the person you hurt in your DUI accident wasn’t “that hurt,” you could still find yourself a felon if the prosecution manages to convict you under 23153 CVC.

A Los Angeles criminal defense attorney (for example, Mr. Michael Kraut of Glendale’s Kraut Criminal & DUI Lawyers, located at: 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide timely, effective, and strategically sound help. Attorney Kraut is not only a well-recognized former prosecutor of Los Angeles DUI crimes, but he is also regularly sought out by trusted media organizations like KTLA News, The New York Times, and Fox News, to discuss important breaking news in the Los Angeles DUI arena.

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Mobile apps designed and provided by the likes of Google and Apple can “yield up” the locations of Glendale DUI checkpoints (and DUI checkpoints throughout the US). These apps have raised the hackles of lawmakers. Last Tuesday, a US Senate Subcommittee held a hearing with Apple’s VP of Software Technology to discuss the legality of apps that can alert drivers to checkpoints for Glendale DUI, Burbank DUI, Los Angeles DUI, Pasadena DUI, and so forth.fuzz-alert.jpg

Two of the most popular apps are Buzz’d and Fuzz Alert. Senator Chuck Schumer lashed into the software execs about these apps in particular, saying that they “really only have one purpose” – to clue drivers into where police stakeouts might be. Schumer did not mince words. He told Alan Davidson, the Director of Public Policy for Google: “I hope you that you narrowly look at this app. You agree that it is a terrible thing, and it probably causes death.”

Apple defended itself by saying that the apps often just publish data in real time that the police department themselves put out. Schumer and others countered that this argument qualified as a “weak read” and challenged the software company to admit that the apps essentially are designed to help people violate laws like California Vehicle Code Action 23152(a) and 23152(b).

Likely, the debate over the legality and general fairness of apps like Fuzzed and Buzz Alert has only just began. One question that seems to have eluded the Senator is: “Should drivers really be using their mobile devices while driving in the first place?” After all, as this blog has documented many times over, some evidence suggests that driving while talking on cell phones – especially while texting – can be as dangerous as or perhaps even more dangerous than driving under the influence in Glendale or elsewhere.

Irrespective of how the police stopped you for DUI (checkpoint, roadside stop, etcetera), you would like the services of a highly reputable Los Angeles Criminal Defense Attorney to work out a plan for your defense. The Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) is dedicated to serving defendants through meticulous preparation and strategic planning. Lead counsel, Attorney Michael Kraut, is very experienced – he spent nearly 15 years as a prosecutor for the city before “switching over” to represent defendants. He is widely considered to be an expert in Los Angeles DUI Law, and he has appeared on KTLA, Fox News, and other media to discus and analyze critical DUI cases.

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Driving under the influence in Pasadena with a blood alcohol concentration of 0.17% – more than twice the legal limit – is very likely to get you into trouble. Sergio-Kindle-DUI.jpg

If you doubt this notion, just talk to Ravens’ rookie linebacker Sergio Kindle. The 23-year pled guilty last Tuesday in a case stemming from a December 2010 arrest. Police pulled Kindle over the day after Christmas on Interstate 95 and later tested him at a county detention center to discover that he had a BAC of a whopping 0.17%. That’s easily enough to constitute DUI in Pasadena, Glendale DUI, Burbank DUI, or Los Angeles DUI.

According to a Washington Post blog report on Kindle’s guilty plea, the linebacker will get two years of unsupervised probation and mandatory treatment and self-help meetings. If he violates the terms of the probation, Kindle could face nearly a full year behind bars. If the judges in Maryland take DUI probation violations as seriously as the judges do here in Los Angeles (ask Lindsay Lohan!), Kindle has plenty of motivation to reel in his behavior. The judge in this case allowed the probation because Kindle demonstrated “positive steps” during his rehabilitation. He spent five days in a facility in Owings Mills to get treatment for alcohol abuse, for instance.

Kindle also issued a statement of contrition during the hearing: “I am very remorseful for my actions. I am held to a higher standard and people look up to me. I see that it’s a problem and I am here to get it treated. I want to continue to address this as long as need be.”

When someone gets pulled over for DUI in Pasadena, the police will often subject them to tests known as Field Sobriety Tests, or FSTs. These involve observations, analyses, and physical and mental challenges to help the officers ascertain whether or not you are under the influence.

One of the first tests is something called a horizontal gaze nystagmus test. A police officer will test the motion of your pupils by flashing a flashlight in your face, for instance. Delayed pupil response may indicate that you are DUI. Other tests could involve balancing on one leg, tilting your head backwards, pacing back and forth across a white line, and even extending your arms in both directions, then closing your eyes and then trying to touch your nose with the tips of your fingers. Police may ask you to recite the alphabet backwards or count backwards. And your results in the tests may be combined with other kinds of assessments – if you are visibly intoxicated, stumbling, uncoordinated, smell like alcohol or admit to having consumed alcohol, the police will be more suspicious that you are actually DUI.

A Los Angeles Criminal Defense Attorney – such as Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you respond in a smart and proactive way to the charges against you to help you save your license, potentially avoid jail time, and regain a modicum of relaxed control of your life.

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Last week’s news about driving under the influence in Beverly Hills was not all about Lindsay Lohan – although the blogosphere did once again erupt in an avalanche of comments after Lohan got sentenced to serve her community service as a janitor at a morgue. christina-aguilera-boyfriend-dui.jpg

If you’re like most people, you’re probably sick and tired of hearing “Lohan, Lohan, Lohan” all the time – and you would like some more diverse stories about things like Glendale DUI, driving under the influence in Pasadena, Los Angeles DUI, and DUI in Burbank.

Some good news on the DUI front – at least for pop star Christina Aguilera, whose boyfriend, Matthew Ruthler, will not be charged with the crime of DUI. The Los Angeles County district attorney’s office rejected the prosecution’s case against Ruthler, citing insufficient evidence. To recap: on March 1, police pulled Ruthler over on suspicion of DUI. He blew a breathalyzer reading of 0.06% – 0.02% under the Beverly Hills DUI limit of 0.08%, as quantified by California Vehicle Code Section 23152 (b).

Analysts and policy experts who look at the problem of driving under the influence in Beverly Hills (and elsewhere in the Southland) often examine data on a surprisingly superficial level. Tampa-Bay-Buccaneers-DUI.jpg

In other words, it’s often a “quick fix” game – blame the driver, and get on with it. But a breaking story out of Tampa Bay suggests that, whether you’ve been arrested for DUI in Pasadena, Glendale DUI, Los Angeles DUI, DUI in Burbank, or DUI wherever else, you may have more than yourself to blame.

Not convinced? Read on…
37-year old Jayson Kaiser, an Assistant to the Head Coach of the Tampa Bay Buccaneers, got pulled over for DUI last Wednesday. There was nothing particularly newsworthy about the arrest, other than the fact that Kaiser works for the Bucs. News reports say that Kaiser had been driving a 2006 Hyundai when officers stopped him on West Osborne Ave. Kaiser exhibited a lot of signs that are typically associated with Beverly Hills DUI – such as slurred speech, bloodshot and glassy eyes, and odor of alcohol on his person. He said he hadn’t been drinking, and he refused both field sobriety and breathalyzer tests.

Kaiser’s car was impounded, and he was held on a bail of $500. A spokesman for the Bucs, Jonathan Grella, told reporters “we aware of matter and are in the process of reviewing it internally.”

So, Kaiser’s arrest is pretty standard stuff – nothing that regular readers of this blog haven’t read about a million times. But what’s interesting here is that, according to reports, Kaiser is actually the THIRD member of the front office/coaching staff of the Bucs to be arrested in one calendar year. In March, Shelton Quarles, a pro scouting coordinator got tagged with DUI. Last September, an Assistant Offensive Line Coach, Chris Mosley, got tagged for DUI. So, 3 DUIs on the staff within one calendar year! Is that a coincidence? Statistically, it certainly could be.

But it also suggests that potentially something culturally is going on here. Maybe the Bucs’ front office culture is “giving the green light” to driving under the influence somehow. This doesn’t mean that the men who got arrested shouldn’t have been more careful — or should somehow be exonerated because of the social influence factor.

But it does suggest that, if we really want to get to the heart of what causes motorists to drive DUI, we need to look beyond “blaming the individual” and examine the cultural influences that may be the root causes. The thinking is: if we can change what’s going on culturally, we may be able to tamp down on the number of arrests – and make our roads safer.

If you or someone you care about has been recently charged with the crime of driving under influence in Beverly Hills, a Los Angeles criminal defense attorney can be a crucial guide. Connect with the Kraut Criminal & DUI Lawyers in Beverly Hills at 
9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. As a former prosecutor, Mr. Kraut has many connections and an in-depth knowledge and understanding of the Los Angeles prosecutors who will be working your case. Mr. Kraut is a Harvard Law School educated lawyer who is often called upon by media organizations like The New York Times, The Los Angeles Times, KTLA, and Fox News to provide his insights into breaking news in the Los Angeles DUI arena.

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