Articles Posted in DUI Accidents

As someone who has recently been stopped for DUI in Long Beach, you may or may not be a football fan. But before you construct your defense, you might be well served to stop and consider the fate of two NFL Players named Jones, both of whom recently got into serious legal hot water. Their tales can instruct and inform your own defense.pacman-jones-DUI-los-angeles.jpg

First, we have the sad situation of Adam Bernard “Pacman” Jones, who was arrested at 2:30 a.m. on September 24th, after police stopped him for driving 60 miles per hour in a 45 miles per hour zone in Cincinnati. The star cornerback for the Cincinnati Bengals was busted on charges of OVI (operating a vehicle impaired – similar to a Long Beach DUI charge) and also hit with a disorderly conduct citation for making “offensive comments” to police officers. Per Ohio Law, that means that Jones probably said something during his DUI stop that was “likely to be offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities.”

This is not the first time that cornerback has gotten into brouhahas with the law. In July 2011, he was hit with a disorderly conduct at a Cincinnati bar, and he yelled profanities to police officers who arrested him. In June, he got busted on an assault charges – he allegedly hit a woman at a nightclub. He pled not guilty to that charge. Perhaps most disturbing is this report from ESPN: “last year, Jones was ordered to pay $11 million to two Las Vegas strip club employees injured in 2007, when a gunman who claimed that he was doing Jones’ bidding, opened fire outside a club after Jones and his entourage were kicked out. A club manager who was paralyzed from the waist down, and a bouncer was wounded. Jones said he had no role in the shootings and pleaded an equivalent of no contest to misdemeanor and conspiracy to commit disorderly conduct. The gunman is serving 4 to 10 years in prison.”

It should go without saying — but it is worth restating and emphasizing — that the more you complicate your Long Beach DUI charges by mouthing off to police officers or engaging in illegal activities, like leaving the scene of an accident, the more complicated your defense will be, and the more likely you are to wind up with severe punishments, like jail time, long license suspensions, and the like.

Meanwhile, similarly disturbing news came from the camp of the Bengals’ rivals — the defending Super Bowl Champions, the Baltimore Ravens. Jacoby Jones – one of the Ravens’ star receivers – got into a fight on a party bus, following the Ravens victory over Houston. And… wait for it… he got hit over the head by a stripper with a champion bottle.

Coach John Harbaugh had this to say: “in our household…nothing good happens after midnight.” He rhetorically asked his players “what you want to be known for? Do you want to be known as a football player or do you want to be known for that? I don’t think it’s anything to be proud of.”

So what do with all these celebrity arrests and brawls with strippers have to do with your Long Beach DUI charge?

The frank answer is that it may not. Perhaps you were just at the wrong place at the wrong time, and your DUI was a fluke on an otherwise unbesmirchable record. But one thing that the Jones’ saga indicates is that Long Beach DUI trouble – and trouble with the law in general – is not as “random” as many people would like to believe.

Fortunately, if you or your loved one has been arrested for driving under the influence in Burbank or elsewhere, the experienced team at the Kraut Criminal & DUI Lawyers can help. Connect with former prosecutor and Harvard Law School educated Attorney Mr. Michael Kraut for incisive, insightful, and compassionate assistance.

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A: You crash into a gas station window.

There are many good reasons why to avoid driving under the influence in Burbank (or elsewhere in Southern California). Among them include:

• Your license could be suspended for a year;
• You might have to go to jail;
• Your insurance rates might balloon and stay high for years afterwards;
• You might have to pay incredibly steep fines and fees;
• You might have to endure uncomfortable prohibition terms;
• You might have to pay to install an interlock ignition device in your vehicle;
• Perhaps most vividly, you might do crazy things, like drive your car into the glass window of a gas station.

Such was the fate of 33-year-old Evelina Igor Bennett of Boise, Idaho, who allegedly drove through a gas station on the 100 block of South Broadway. According to reports, police arrived at the gas station to find the woman sitting in the lot, smelling intensely of alcohol.

They put Ms. Bennett through the paces of Field Sobriety Tests. (Probably, they were very similar to the Burbank Field Sobriety Tests that you had to do — such as the finger to the nose test, the stand on one leg test, the horizontal gaze nystagmus test, and the count backwards by threes test.)

But more astonishing than her failure at the FSTs was the intensity of her alleged intoxication.

Her two breath tests show that – which were taken later at jail (after she had time to metabolize some of the alcohol) showed that she had a 0.382% and 0.395% BAC, respectively. That’s astonishingly high. You’re considered legally over the limit at just 0.08%.

In fact, at that level of intoxication, Ms. Bennett is lucky to have survived the night. It’s not uncommon for people with BACs of 0.40% and above to become comatose or to suffer severe and permanent health effects due to the alcohol.

Bennett had been convicted twice before for DUI – once in 2006 and once in 2007. If you’re arrested three times in the span of ten years for DUI in Burbank (or elsewhere in Southern California), prosecutors can charge your third DUI as a felony, even if it ordinarily would be just a misdemeanor. That means you could go to jail for over a year (among other things), instead of just a few days.

Sobering thoughts.

Fortunately, if you’ve been arrested for a similar crime, you don’t have to passively accept your fate. Connect today with a Burbank DUI defense attorney at the Kraut Criminal & DUI Lawyers. Attorney Kraut is a very experienced former prosecutor who has a tremendous record for delivering results, even in tough, complex cases. Mr. Kraut served for 14 plus years as a prosecutor in the capacity of Senior Deputy District Attorney.

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If you think that your DUI in Burbank has been a depressing turn of events, try being a Cleveland Browns fan.burbank-dui-bernie-kosar.jpg

All kidding aside, Cleveland sports fans received some pretty harsh news last Sunday, tempered only slightly by a victory against AFC rivals, Cincinnati Bengals. Police in Solon, Ohio arrested 49-year-old Bernie Kosar, an ex-Browns quarterback, for driving under the influence. Police stopped him for speeding around 2:45 am, and officers noted a smell of alcohol on him. As regular readers know, that’s a key symptom of Burbank DUI. (Other common symptoms include: bloodshot eyes, inability to balance, strange/awkward behavior towards officers; slurred words; emotional outbursts. When combined with other evidence – such as failures on field sobriety tests and DUI Burbank positive breath or blood tests, it can be enough to put you behind bars!)

Kosar has been an outspoken advocate of retired NFL players who’ve struggled with brain injuries incurred while playing. But his public troubles are well known. He’s struggled financially, gone through a divorce and gotten addicted to painkillers. Kosur claims that his NFL-induced brain injuries have caused him to slur his words.

While QB’ing for the Browns, Kosar took his team to the AFC Championship game three different times. But he got in trouble with the Browns’ organization earlier this year, when he lashed into the St. Louis Rams during a pre-season broadcast. He called Tavon Austin, a wide receiver for the Rams, “horrible,” and he also said “Bless me Father for I have sinned. I have to watch [backup quarterback Kellen Clemens] the whole fourth quarter.”

What You Can Learn from Kosar’s Saga about Your Burbank DUI

Kosar’s story indicates how vulnerable we all are to periods of despondency, dependence, and just bad luck. It takes a single act of careless judgment on one particular day to create terrible circumstances that can alter your life and damage other people.

Kosar’s story also suggest that head injuries may indeed be capable of inducing serious behavioral changes, such as loss of impulse control. If you know someone who has gotten arrested for DUI in Burbank — and that person has been sick or recently injured — you may need medical help as well as legal assistance.

For help with the legal piece, consider turning to experienced former prosecutor, Michael Kraut, of the Kraut Criminal & DUI Lawyers, for a free and thorough DUI defense consultation. Mr. Kraut is an ex-prosecutor with excellent connections with the Los Angeles legal community.

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Getting arrested for driving under the influence in Burbank is a monstrously embarrassing and challenging experience. burbank-dui-arrest-again.jpg

You probably don’t want to think about the assortment of punishments that prosecutors can seek, such as extensive jail time, weeks of compulsory alcohol school, mandatory IID installation in your car, fines and fees, intensely restrictive probation terms, and, of course, the suspension of your California drivers license for a year. And that’s just if you committed a minor crime — one that did not involve injuries, other charges, or a past criminal history!

You can obviously understand why someone would want to celebrate the lifting of such restrictions – the finalizing of a Burbank DUI case. Unfortunately, some people take such celebrations too far.

The results can be quite ironic.

Consider, for instance, what happened to Riverside Illinois resident Erin James, a 58-year-old woman on the verge of getting her driver license back — a court suspended it back for a 2012 DUI. But James got ahead of herself, according to CBS Chicago. Riverside police pulled her over for speeding at around 2 a.m., the night of the end of her suspension. The officer suspected that she was DUI, and he put her through the paces of field sobriety test. She failed and later tested to have a BAC of 0.15%. (For those of you keeping score, that’s nearly twice the Burbank DUI limit of 0.08%.)

The bad news did not end there, for James.

After checking her driver’s license, police found that it was suspended in 2012. James also did not have a mandated interlock ignition device (IID) in her car, which was supposed to stop her from driving while under the influence.

Police handcuffed and arrested the woman and hit her with the charge of felony aggravated driving under the influence of alcohol. A very serious charge. As you probably already know, a felony can be punished with a jail sentence in excess of a year. Convicted felons permanently lose many rights that most people take for granted, such as the right to vote in elections. Plus convicted felons often struggle to get loans, secure housing, find employment, et cetera.

Depending on the nature of your Burbank DUI charge, you, too, may face a felony, particularly if you hurt someone else while behind the wheel. The California Vehicle Code has actually a special section just for injury DUIs – 23153(a) and 23153(b). This CVC section is very similar to 23152 (the standard DUI misdemeanor), except that it elevates what would normally be misdemeanors to felonies.

Whether your Burbank DUI arrest was “ironic” or not, or “newsworthy” or not, you have a lot of work to do, legally speaking and otherwise. You want to forge an effective, appropriate, responsible Burbank DUI defense, but you’re not sure exactly how to start the process.

Get in touch with the reputable, results-focused team here at Burbank’s Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor who has a long, successful track record of helping defendants like you meet their charges effectively and smartly.

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Hopefully, we can safely assume that you did NOT bite the police officer who arrested you for driving under the influence in Burbank.woman-bites-cop-burbank-dui.jpg

But not every driver has that level of restraint!

Believe it or not, two major recent news stories involved drivers who bit people while getting busted for DUI.

For starters, let’s take a second look at the DUI arrest of former USF football star, Terrence Mitchell, who bit an EMT, after officers found him passed out in front of his car. The Tampa Bay Times summarizes the blow by blow: “while being evaluated by Tampa Fire Rescue personnel, Mitchell ‘became agitated’… and “twice attempted to bite an EMT [against the will of the EMT]…. Mitchell [later] admitted to police that he had consumed alcoholic beverages, was feeling its effects and ‘that he should not have been on the road.'”

But Mitchell’s spectacular story pales in comparison to the charges against 27-year-old Allison Richards of Connecticut.

Richards was arrested on August 13th for a variety of charges, including DUI, failure to signal, breach of peace, interfering an arrest, and – most vividly – assault on a police officer.

Here’s how it all went down.

Richard’s 2005 Subaru Legacy hit a lawn on Hollow Tree Road. Police found Richards standing by the vehicle, exhibiting signs that could indicate DUI in Burbank (or elsewhere), such as slurring her words. Inside the Subaru, officers found a six pack of beer with a bottle missing. Richards said that she was shopping at Lord & Taylor. She then took her son home and began to consume alcohol. She could not remember how she wound up on Hollow Tree Ridge Road.

Once the police moved to arrest her for DUI, things got heated – fast.

First, allegedly Richards stripped off her shirt and started cursing at the police. When the officers tried to subdue her, she lashed back by punching and kicking. Once they got her into the car, she continued with her tantrum, bashing at the partition with her feet. When they got to the police station, she wouldn’t get out. Eventually, they yanked her free and took her inside to be processed. Richards continued to try to strip off her clothing, and she bit one of the officers on the elbow. Eventually, police had to carry her to her cell, where she was held on $2,500 bond.

Something about Burbank DUI arrests bring out the “inner animal” in some people. Not everyone reacts to being arrested the same way. Some people are calm and cooperative. Others activate the “flight” part of the “fight or flight” response and try to leave the scene of the crime. (a big no-no, particularly if you hurt someone or caused property damage.)

The reality is that being arrested is a foreign, terrifying, and uncertain experience. Very few people leave their homes thinking “today is the day I am going to be arrested!” It certainly doesn’t help matters that many people stopped for crimes like DUI are on controlled substances, like alcohol, drugs, or prescription medications.

The silver lining is that, no matter what charges you face, you may have major legal defenses available to you. Connect with the Kraut Criminal & DUI Lawyers to explore your defense options now. Mr. Kraut is a former Harvard Law School educated ex-prosecutor; he and his team have the wherewithal and knowledge to build you a very effective Burbank defense to DUI.

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Miguel Jontel Pimentel – better known just as “Miguel” – was recently arrested for driving under the influence in Los Angeles, according to California Highway Patrol reports. miguel-DUI-in-los-angeles.jpg

The singer-songwriter and Grammy winner — known for singing hits like Kaleidoscope Dream and creating “Adorn” and “#Beautiful” with Mariah Carey — got pulled over in his 2013 BMW X6 in Marina Del Rey. Police stopped the 27-year-old at the intersection of Mindanao Way and Lincoln Boulevard at around 2 AM on August 12.

The police tested Miguel’s BAC at 0.10%, just a smidge above the Southern California DUI legal limit of 0.08%. The officers also said that he smelled like alcohol – one of the main symptoms of Los Angeles DUI. (Other symptoms include slurring of words; providing conflicting events of what happened; acting aggressively or inappropriately; bloodshot eyes; lack of balance; forgetfulness, etc.).

Miguel was released on a $5,000 bond later. He is due in court on September 9 to face his charges.

It’s a serious step down from winning a Grammy for best R&B song and getting nominated for Best Rap Song and Song of the Year. But Miguel’s DUI arrest shows convincingly that no one is above the law and that being famous does not protect you from making bad or dangerous decisions.

Interestingly, Miguel’s BAC readings — he allegedly blew 0.10% and 0.11% on two breath tests — were not that far over the legal limit.

Depending on the circumstances, Miguel may be able to challenge those Los Angeles DUI results. For instance: it’s unlikely, but perhaps Miguel was on a crash diet or a ketogenic (very low carb) diet, in which case metabolic byproducts from the dieting might have unduly influenced the breath results.

Alternatively, perhaps the police officers asked him to blow very hard into the machine. If you blow hard into a DUI breath test, you can elevate the results beyond your actual, legitimate levels.

A breathalyzer test can also be challenged on procedural grounds. For instance, perhaps the tests weren’t calibrated correctly.

To build a defense to your Los Angeles DUI charges, get in touch with Michael Kraut of the Kraut Criminal & DUI Lawyers today. Mr. Kraut is an ex-prosecutor who spent years serving in role of Senior Deputy District Attorney for Los Angeles – so he knows how prosecutors think, and he can use his knowledge and relationships to help you craft your defense.

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The act of driving DUI in Los Angeles is dangerous enough. But when you combine a DUI charge with animal cruelty, the situation is almost unspeakable. John-Thomas-Naylor-los-angeles-dui.jpg

People do bad things, for reasons both understandable and opaque. Bearing that in mind, let’s take a look at a recent Los Angeles Weekly story about a local man named Thomas Naylor, who was arrested on July 7th, after witnesses saw him drive DUI on Washington Boulevard. They say Naylor stopped his car, and took out a “severely ill” dog named Cruiser, and dumped the dog on the ground. Fortunately, people saw this happen, and they took the dog to get emergency veterinary care. The animal was ultimately stabilized.

The outcome was not as positive for Naylor, however.

Police tracked him down and arrested him. He was charged with DUI, driving without a license, and intimidating witnesses as well as animal cruelty. Naylor recently pled no contest to the animal cruelty charge as part of the plea deal, and he got the other charges dropped. Naylor still faces a hefty sentence, however — a full year in county jail along with three years of formal probation.

Plus, he is no longer allowed to own a pet, and he must pay for the poor pit bull’s hospital bills.

The story does have a silver lining: Cruiser managed to heal from his sickness and get adopted into a new home.

Do Los Angeles DUI drivers always receive such hefty punishments?

One year in county jail is a long time. You can earn nearly that amount of jail time just for a conviction of a misdemeanor DUI, per California Vehicle Code Section 23152(a) or 23152(b).

But punishment for Los Angeles DUI is not just limited to jail time.

Other kinds of nastiness may await you, even for a first time, non-injury misdemeanor DUI:

• The court may compel you to pay for and install an interlock ignition device (IID) in your vehicle. This machine will prevent you from operating your car or truck, unless you blow a sober breath into the machine;
• Mandatory alcohol education school;
• Spikes in your auto insurance rates (almost inevitable, if you’re convicted of DUI);
• A California driver’s license suspension;
• Stringent terms of probation;
• Serious court costs, fees, fines, etc.;
• Points on your license;
• Ratcheted punishments if/when you ever get arrested and convicted again for DUI or other crimes in Southern California.

So what can you do?

First and foremost, if you haven’t spoken with an experienced Southern California DUI defense attorney, connect with one ASAP. Michael Kraut is a Harvard Law School educated former prosecutor who has a wide range of experience with DUI cases. When he was a prosecutor, he earned a success rate in jury trials in excess of 99%. Connect with attorney Kraut now for help.

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Was your Los Angeles DUI this bad?bar-stool-DUI.jpg

After consuming 15 beers, 28-year-old Kile Wygle, of Newark, Ohio, hopped onto a motorized bar stool that he had made himself out of a deconstructed lawnmower.

Unsurprisingly, he crashed.

Wygle’s friend called 911 and told police “I got a friend who wrecked a bar stool.” The dispatcher at first was confused and thought Wygle had hit his head on a bar. The friend said, “no, he was riding the bar stool … a motorized bar stool.”

Wygle had to go to the hospital for minor injuries. After the crash, he told a reporter “I drank quite a bit after I wrecked.” He also told police that his homemade contraption could reach speeds of up to 38 miles per hour.

Whether he overestimated his vehicle’s capacity or not, his statement indicates that he knew that the stool could be dangerous. Had he ridden it on an open road, he could have hurt other people.

Unfortunately, when you’re young — and trying to impress friends with a homemade, motorized gizmo — safety may not be at the top on your list of concerns. But you can still land a serious DUI charge, even if what you’re driving does not technically look like a car or truck.

Most Los Angeles DUI charges are relatively “boring” — they involve stops at checkpoints and commonplace violations of California Vehicle Code Sections 23152 or 23153. Perhaps your situation was more “exotic” than the standard DUI. Maybe you were at a UCLA or USC frat party. Some “new wild friends” got you to drive up to the Hollywood sign, but you drove your car into the woods and got stuck on a hiking trail – something like that.

No matter how ridiculous (or pedestrian) your charges are, you need two forms of clarity.

#1. Get Clear on Where You Are Now
What charges do you face? What might your punishments be? What options you have to deal with your legal crisis? etc.

#1. Get Clear on Your Ideal Outcome
Given the realities of your situation — from a best case scenario — what could you expect? How can you make that positive outcome occur?

While you’re certainly free to try to figure out the answers to these questions on your own, that’s not a particularly savvy strategy. Consider connecting with a Los Angeles DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor who retains very good relationships with his former prosecutorial colleagues… as well as with judges, police officers and other members of the Southern California legal community.

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Some disappointing Burbank DUI sports news: 23-year-old Drake Britton, a left-handed pitcher for the Boston Red Sox, got arrested on March 2 for driving under the influence in Fort Myers, Florida. britton-dui-burbank-attorney.jpg

According to the arrest report, Britton made multiple mistakes that may make his case legally fraught and complex. A USA Today article said a deputy saw him speeding and tried to pull over the promising young leftie. Britton then smashed his car into a curb and bulldozered over a fence. Eventually, he stopped and admitted to the deputy that he had been drinking.

The Red Sox later released a statement saying that the team took Britton’s arrest “very seriously, and it’s being addressed…Fortunately, in this case, there was no one injured, but the bottom line is that it’s a very serious issue with us.”

Britton paid a $2,250 bond.

Did we mention that he’d been traveling at 111 miles per hour? That’s pretty fast!

Unless you’re racing at NASCAR or tooling your vintage Mercedes around on the Autobahn, 111 mph is way, way too fast.

What’s really tragic – at least for Britton – is that he was just about to start in the Big Leagues, after years of struggling through the Minors. He got drafted way back in 2007 in the 23rd round. Even though he accrued a losing record with Boston’s Double-A Portland team (4-7 with a 3.2 ERA) last season, he had wrangled a chance to play in “The Show.”

So why did he drive under the influence and potentially wreck not only his car but also his career?

This question would obviously be impossible to answer unless you spent time understanding his personal situation and his psychology.

But it speaks to the diverse causes of Burbank DUI behavior and accidents.

According to cutting-edge psychological research, stressful situations – both negative AND positive – can drive us to self-medicate with alcohol or other substances.

Unless and until you address the root stress or frustration, then you may never fully get rehabilitated. You thus may be at an increased likelihood of getting arrested again, in the future, for driving under the influence in Burbank or elsewhere.

If that happens, your problems can mount.

A misdemeanor Burbank DUI is a serious charge, and it can result in the stripping of your California driver’s license for a year, jail time, court costs, fines, insurance spikes, tough probation terms, and worse. When you get arrested a second or third or even fourth time within a 10 year period for DUI in Southern California, prosecutors can pile on more and more charges, and your life can spiral downwards and out of control.

To get a grip on what’s caused your turmoil — what caused you to make less than strategic decisions about your driving or to say dumb things to the officer who pulled you over for DUI -– look to the Kraut Criminal & DUI Lawyers. Michael Kraut is an experienced, compassionate, and thorough Burbank DUI defense attorney who has helped many people in similar situations protect their rights and get a fair second chance.

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As someone who was recently arrested and charged with driving under the influence in Los Angeles, you’re feeling pretty sheepish and scared and regretful. John-Bonaventura-dui-los-angeles.jpg

You wish you had use more common sense — handed the keys to a friend or associate or just cabbed it home. As much as you want to take responsibility for events — and speak with an experienced Los Angeles DUI attorney, ASAP — appreciate that you’re not the first person who’s ever been in this compromised position.

Plenty of other, normally law abiding folks get into DUI trouble in Los Angeles all the time. In fact, if you’ve been following our blog for any length of time, you’ve read endless accounts of celebrities, sport stars, politicians, and even legislators who’ve been busted for DUI.

Even police officers get in trouble for the crime!

Case in point. Consider the sad story of 50-year old John M. Bonaventura, the head of the Constable’s Office for Las Vegas Township. A Nevada highway trooper pulled over Bonaventura on US 95 near Boulder Highway, after he saw the “official constable vehicle” driving pell-mell all over the freeway.

Bonaventura’s speeding and DUI charges are actually just the tip of the iceberg.

Commissioners for Clark County (the home of Las Vegas — a.k.a. the “City of Sin”) are about ready to abolish the entire Constable’s office, which employs over 20 deputies. These officials perform work ranging from serving paperwork to evicting people. According to a local paper, the Las Vegas Review Journal, critics have hammered the Constable’s office for “creative accounting practices that circumvent county oversight, as well as for filming a profanity-laced pilot for a reality television show.” (quote from an AP article)

Perhaps the deputies were jealous of the modern day Keystone Cops on Reno 911. Maybe they didn’t realize that that show is actually a fictional comedy.

On a more serious note, as a Los Angeles DUI defendant, you may or may not have been negatively affected by police errors or bad police behavior. The vast majority of officers in Los Angeles County are hardworking and fair. Yet you should pull out all the stops during your Los Angeles DUI defense — investigate any angle that could lead to a reduction in your sentence or a dismissal of the charges.

Of course, this is no small task, even for experienced attorneys. Fortunately, you can turn to former city prosecutor Michael Kraut and his team at the Kraut Criminal & DUI Lawyers in Los Angeles for adept, thorough, and insightful guidance on your case.

Mr. Kraut has a special vantage on L.A. DUI cases because he served for nearly a decade and a half as a prosecutor. He maintains good relationships with his old prosecutorial colleagues as well as with other key people in the system.

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