Articles Posted in DUI Accidents

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. eric-wright-dui-los-angeles.jpg

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.

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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.marshawn-lynch-glendale-dui.jpg

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.

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Everybody knows that you’re not supposed to drive under the influence in Long Beach or anywhere else in the country.kidd-dui-long-beach.jpeg

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.

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No one wants to get arrested for DUI in Glendale or anywhere else. But there is a time and a place for pleading your defense. And that time is not when police are waving you and other cars over to pass through a Glendale DUI checkpoint.crazy-dui-in-burbank-and-los-angeles.jpg

Consider, for instance, what happened the Sunday before last on Pennsylvania’s Route 413.

A 52-year-old man, John Connors (no relation to the hero from the Terminator series) blew through a sobriety checkpoint and nearly hit five police officers, according to the Pennsylvania State Police allegations. In court documents, police said that Connors blasted his red 2005 Dodge Dakota through the checkpoint “at a high rate of speed, causing officers to jump out of the way from being hit by the vehicle.”

Unsurprisingly, the police took off after him and chased him onto Snowden Avenue, where the SUV ran out of room. The driver hopped out of the truck and fled into a wooded region, where police ultimately caught and arrested him. Connors resisted, prompting an officer to taser him twice to stun him into submission for the arrest. After taking him into the car, police noticed an odor of alcohol, slurry speech, glassy eyes – typical symptoms of a Glendale DUI. They also allegedly found marijuana on his person.

Connors was hit with a diverse and scary battery of charges, including third degree felony fleeing and attempting to elude police, first degree misdemeanor DUI, misdemeanor reckless endangerment (second degree), and multiple other charges. And guess what his bail was set at? A humongous $150,000.

Now imagine if we dial back in time, and instead of fleeing the checkpoint, Connors stops at the checkpoint and deals with whatever comes his way. He might indeed get arrested for something like misdemeanor DUI – and he could still face serious punishments, including jail time and fines and other “unfun” stuff. But he wouldn’t be facing all of the extra counts – his legal situation would be monumentally simpler.

The takeaway for you, if you face Burbank DUI charges.

Even if it’s a day after your arrest – or a week after your arrest – your actions from here on out will determine and perhaps define how your arrest will ultimately impact your life, your freedom, and your self-development for years to come.

In other words, your DUI situation is not yet over!

To that end, it’s time to take sober, responsible action. Let the team here at Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) help you build an effective and strategic legal response. Attorney Kraut is a Harvard Law School educated former prosecutor who has a long and diverse history of helping clients like you succeed even in difficult circumstances.

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After recently being arrested for driving under the influence in Pasadena – or perhaps getting tagged for DUI near USC or UCLA – you’re having difficulty sleeping and stressing about your future. You may even be having feelings of depression that are seemingly unrelated to your recent DUI arrest. anxiety-los-angeles-dui.jpg

Why? What’s going on?

For instance, maybe you’ve been wistfully recalling a break up with an ex-girlfriend or ex-boyfriend. Or maybe you’ve been just feeling homesick or whatever. Where does this generalized anxiety and depression come from? Is it related to your Pasadena DUI? What can you do to gain control of your legal situation and protect your driving privileges? And how can you feel back in control after the events of the past few days or weeks?

Feeling “out of control” is often a symptom of deeper needs not being met
In this article, you will be introduced to a very cool tool to “help you drill down” to get to the root source of your post Pasadena DUI dissatisfaction. You will also get to meet a premier Pasadena DUI criminal defense attorney – more on that later.

First, crystallize in words one problem related to your “post DUI” malaise. Just take out a piece of paper right now – or a word document – and write down what’s on your mind that’s causing you anxiety. For instance:

1. “If I lose my license, I have no idea how I’ll get to school.”
2. “I’m terrified about going to jail – even for a few days.”
3. “I don’t know how I’m going to tell my parents about my DUI.”

On your own, go through the following exercise with all the statements you come up with. We’re only going to do one “drill down” in this blog post for brevity’s sake.

So pick one statement – we’ll go with the third statement here – and start to drill down by asking yourself questions about it. Specifically, ask yourself WHY the issue concerns you. This is an iterative process. So once you get to a reason, you want to get to the root of that reason and so forth and so on.

#1: I’m terrified to tell my parents about my Pasadena DUI.

Why?

#2: Because my parents won’t understand; they’re going to yell at me and cut off my tuition.

Why are your parents not going to understand and cut off your tuition?

#3: Because my dad already thinks that I’m slacking off at school.

Why does your dad think that?

#4: Because he’s always told me that I’ve been squandering myself out here in Los Angeles, and that I should have taken a job as an engineer back home.

And why is that a problem for you?

#5: Because I want to be able to be left alone and do my own thing and not be constantly judged!

Do you see how this exercise drills down to deeper emotional truths?

In our fictional example, the DUI defendant reaches an epiphany about his relationship with his dad – and even gets to a deeper need about wanting to be independent.

Having this kind of self realization is critical. Once you surface that need and meet it somehow, perhaps you’ll be less likely to become a recidivist Pasadena DUI offender.

If you’re just looking for brass tacks – help to get out of your legal jam – consider connecting immediately with the professionals at the Kraut Criminal & DUI Lawyers. Attorney Kraut is a former city prosecutor for Los Angeles – a senior Deputy District Attorney, in fact – and he has helped many people in very similar situation to yours get clarity and get results.

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The Saturday before last, US Commerce Secretary John Bryson got involved in two minor traffic accidents which may net him felony hit and run charges — and land him in jail for over a year! John-Bryson-los-angeles-dui.jpg

Bryson’s situation technically does not involve DUI in Los Angeles — although alcohol tests are pending, according to the police. The case is fascinating in many ways; if you’ve been hit with a charge of driving under the influence in Los Angeles or Burbank or elsewhere, you can learn a lot from studying its nuances.

The Commerce Secretary, who oversees a $75 billion budget and nearly 50,000 employees, slammed into the rear of a Buick, which had been waiting for a train. Bryson apparently left the scene of that first accident and drove nearly two miles into Rosemead, where he hit a Honda Accord and minorly injured a passenger. The driver of the Buick (the first car that got hit) tailed Bryson and called 911.

Medical Condition? Was a Seizure to Blame?

Police found Bryson alone and unconscious at the scene of the second accident. Initial reports suggested that he suffered a seizure or some other medical problem. This issue possibly provoked both accidents. Reports indicated that he “appeared disoriented” after he hit the Buick. In the wake of the roadside drama, Bryson has taken medical leave. After the dust settled, the Obama administration weighed in with statements of (terse) support.

What Bryson’s situation might mean if you are facing DUI in Los Angeles charges.

First of all, no one’s immune to laws like California Vehicle Code Section 23152(a) and 23152 (b). In other words, celebrities, high profile politicians, business tycoons and “everyday folk” are all required by law to avoid driving under the influence of alcohol and drugs and to avoid driving with a blood alcohol concentration of 0.08% or greater.

The second lesson is that Los Angeles DUI cases are often far more complicated than news summaries suggest. Indeed, Bryson’s case already seems fraught with nuances. What was his serious medical condition? If he had known that he had such condition, should he been driving in the first place? Did the condition cause or contribute to the first crash or just the second… or neither or both? And on and on. Likewise, speculation about your particular Los Angeles DUI case may be intense.

Lastly, your choice of Los Angeles DUI defense attorney – and the speed with which you make that choice – can have a significant impact on your capacity to handle legal speed bumps, protect your license, and shield your other rights. Former L.A. Deputy District Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is providing a free and confidential consultation for drivers who are struggling with DUI charges. Attorney Kraut is an ex-prosecutor who has excellent relationships with his former colleagues and other legal peers; he is often quoted as a DUI authority on KTLA news, Fox News, New York Times and Los Angeles Times.

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The typical Glendale DUI stop is pretty tame by objective measures. An outside observer might, for instance, see you get stopped at a check point and pass through an array of field sobriety tests and then get cuffed and taken away. Not that much excitement.glendale-dui-crash-yikes.jpg

But some examples of DUI are shocking, unusual, and packed with coincidences.

Last week, for instance, a 63-year old woman, Sharon Brooks, careened into a local liquor store (which she frequented!) and smashed the shop up in a major way. The accident occurred at 2:30 p.m. in East Haven at the Yankee Discount Liquor on Foxon Road. According to local reports, the car drove “halfway into the store” and caused not only property damage but also injury to a store worker that was significant enough to require his hospitalization.

As regular readers of this blog know, if you injure someone while driving DUI in Glendale, you can be subjected to charges under California Vehicle Code 23153(a) or 23153(b) – charges which carry significantly more “heft” than do standard misdemeanor Glendale DUI charges per CVC 23152 (a) or 23152(b).

In any event, Ms. Brooks said that she had “a cold” and had taken Nyquil prior to the accident. She also said that she just gotten her car detailed and that her foot slipped off the brake due to the slippery Armor All treatment. Brooks told the reporters “I never had the whole inside of my car cleaned before and this time I did so it would look really nice, and my foot slipped off the brake.”

Will Brooks’ various defenses hold water? That remains to be seen. But before you judge either way, understand that most charges of driving under the influence in Glendale (or wherever) often hold subtle secrets – evidence that can help/hurt both sides.

The point is that, if you have been charged with the crime like this, you really put yourself at a huge disadvantage if you fail to connect with a Glendale DUI defense attorney, such as the Kraut Criminal & DUI Lawyers’ Michael Kraut (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). A great attorney can explain your charges in context, help you construct an appropriate response, and deal with the nagging questions and concerns you have along the way. You can feel more focused, put up a stiff defense to the charges, and feel less anxiety about what’s going to happen to your car, your driver license, and your future.

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You recently got stopped for DUI in Beverly Hills. beverly_hills-dui-attorney-lawyer.jpg

Perhaps you ran a light while cruising Wilshire at 2 AM following a raucous industry party. Perhaps you had one-too-many wine coolers at the Sunday Beverly Hills Farmers’ Market and hopped behind the wheel of your Beamer…while a police officer saw the whole thing unfold. In any case, you are pretty frightened about what might happen — not only with respect to your driving privileges (e.g. will you lose your license or not?) but also with respect to your freedom, your car insurance, and your life in general.

After all, it wasn’t as if your life was smooth sailing before the DUI. You probably had tons on your plate – with respect to your business, your family, your recreational activities, possible health issues, etc. Now, on top of everything else, you need to get a handle on your Beverly Hills DUI.

Here’s the reality. There is no “one size fits all” defensive posture that’s appropriate for all defendants. Depending on circumstances, you may be smart to plead not guilty and fight tooth and nail to show that the Beverly Hills DUI breathalyzer test that you allegedly failed was miscalibrated. In other cases, it makes sense to cooperate with prosecutors and try to get your charges pled down. In other cases, you may need to construct an elaborate, thoughtful defense, particularly if you injured somebody or got arrested on multiple charges, such as resisting arrest, hit and run, etc.

While an experienced Beverly Hills DUI criminal defense attorney from the Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) can certainly help you establish and follow through on the right strategy for your needs, you also want to be looking at your long-term future. Sure, you want to “get through” your DUI related drama. But you also want to fix any underlying habits or behaviors or other structural problems in your life that caused you to get into trouble in the first place.

Researchers at Harvard have shown that people who “pre-think” their challenges and problems can often protect themselves against bad behaviors or habits. For instance, let’s say that you have a tendency to “get a little loose” at industry party events and drink more than you know you should. This “getting a little loose” can cause you to lose your judgment and do stupid things like get behind the wheel after a party. If you wait until the party to deal with your impulses, you are probably destined to wage a losing battle. On the other hand, if you know that you have this proclivity, you can create “if / then” statements to guide your behavior. Just like airline pilots need to be able to react instinctively – push the orange button, not the blue button, if the plane is crashing – you also need explicit instructions to help you avoid another Beverly Hills DUI.

For instance, you can construct “if thens” to the effect of:

• “IF I go to an industry party, THEN I will be sure to name a designated driver before I RSVP.”
• Or: “IF I feel myself “getting a little loose’’ at a party and I don’t have a designated driver, THEN I will immediately turn my keys over to the bartender at the party and insist that he call me a cab when I am ready to leave.”

If you can figure out the right “if then” treatments for your particular issues and then essentially memorize them, you should be more likely to make better, safer decisions the next time you are tempted to ignore your better angels.

Connect with a Beverly Hills DUI attorney at the Kraut Criminal & DUI Lawyers now for immediate assistance with your case.

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After blowing a breathalyzer result of 0.13% (0.5% percent higher than the legal limit for Beverly Hills DUI), Cristhian Martinez, a star reliever for the Atlanta Braves, was arrested and hit with a DUI last week. martinez-dui-in-los-angeles.jpg

Martinez’s arrest came on the heels of another Atlanta Braves DUI debacle – former Brave Derek Lowe was busted last April for driving while intoxicated. The Braves seem even more distraught by Martinez’s arrest than they were by Lowe’s bust. Martinez was a star during so-called “Grapefruit League play” that precedes the opening of the real MLB season. He racked up 13 strikeouts and a 1.38 ERA, and generally performed with stellar precision. Upon learning about his arrest, the Braves released a statement saying that they “were very concerned” and that they “will require [Martinez] to be evaluated by an independent professional, as provided for by the new collective bargaining agreement.”

If you’ve been recently arrested for driving under the influence in Beverly Hills or DUI near USC or UCLA, Martinez’s arrest may hold some powerful lessons for you… if you choose to pay attention to them!

1. As any Los Angeles DUI attorney will tell you, no one is above the law.

Martinez is a star professional baseball player. But that didn’t really matter. Police still made him get out of his vehicle, go through the phases of a field sobriety test, blow into a breathalyzer, and hop into the back of a squad car after he allegedly failed his test. It doesn’t matter how much money you have, how much political power you possess, or how much you sweet-talk an officer – if you break the law (or even if officers just think you broke the law), you can find yourself in the back of a squad car.

2. There is life after a Beverly Hills DUI.

Maybe you are a college student or graduate student who only recently arrived in Los Angeles. You’re worried that your UCLA DUI charge will doom you to academic disaster or rob you of your vehicle and hence of your ability to get around town, look for jobs, see friends, etc. You might be right, to an extent. A DUI conviction can lead to all sorts of scary penalties, ranging from time behind bars to strict license suspension to long-term probation and beyond. But the nature and scope of your punishments will be determined by the urgency and effectiveness of how you respond to the charges against you. If you lolly gaggle and/or fail to do the research and other stuff necessary to prepare, a worst case scenario could come true. On the other hand, if you find a confident, aggressive Beverly Hills DUI criminal defense attorney, you can probably make surprisingly easy progress towards getting your charges dismissed or reduced. At the very least, a good Los Angeles DUI lawyer could give you some much needed perspective and connect you with other resources to begin rebuilding your life.

Harvard Law School educated lawyer Michael Kraut of the Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) in Beverly Hills has the talent, experience, connections, and “99 percent success rate at jury trials” track record to provide potent representation for you.

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Getting arrested for DUI in UCLA or USC – or any other local Log Angeles school – can be an exquisitely unpleasant experience, whether you are a student or not. As any Los Angeles DUI attorney will tell you, if you’re convicted for a standard misdemeanor DUI — a violation of California Vehicle Code Section 23152(a), for instance — your possible penalties could pack a wallop: mandatory jail time, mandatory alcohol school, mandatory installation of an IID device in your car, strict probation, one year driver’s license suspension, heaping fees and court costs, long-term spikes on your insurance rates, and a big fat logistical headache. And that’s if you are an adult who didn’t hurt anyone while driving DUI and you had no prior criminal record!DUI-near-UCLA-or-USC.jpg

If you’re underage and you get convicted for DUI near UCLA as well as possession of a fraudulent ID, your legal crisis can be escalated. And if you caused property damage or injuries (even minor ones) to other drivers, passengers, or pedestrians… let’s just say the punishments could be life-changing. An injury DUI in Los Angeles, for instance, might be charged per California Vehicle Code Section 23153 instead of CVC 23152. That may not be seen like a big switch. But the change empowers prosecutors to charge what would normally be a misdemeanor DUI as a felony. This means that, if you are convicted, you could face more than a year behind bars – and that’s for starters.

A UCLA DUI can also, unsurprisingly, cause you horrific academic fallout. If you’re on an athletic team, you could be kicked off the squad. You could also get into serious trouble with the school itself, depending on the nature of your crime. And even if you manage to sort everything out correctly, it wasn’t like you had “nothing to do” before the DUI. You could face time and money consuming headaches for weeks or months or even years to come. For instance, UCLA is pretty “get aroundable” for pedestrians. But what if you have a job or internship off campus? You used to drive to the job, but now what will you do? Will you take the bus? What if the bus doesn’t go to where you want to go? These questions and hundreds more like them can plague you and cause you uncertainty, stress, and anxiety.

Fortunately, the team here at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you understand what you are up against and deal resourcefully and strategically with the charges. Attorney Michael Kraut is a Harvard Law School educated former prosecutor (he spent 14 plus years as one of the city’s top district attorneys). He has been a featured Los Angeles DUI expert for KTLA News, the New York Times, and the Los Angeles Times.

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