DUI Accidents

March 2, 2012

The Root Cause of Your Pasadena DUI Arrest?

You recently got stopped for driving under the influence in Pasadena. Whether you got tagged at a checkpoint or pulled over on the 5 or 210, the arrest has thrown your life into chaos. It wasn’t as if your life was “perfectly in order” before. But now, you’re faced with challenges like a potential driver license suspension, jail time, huge court costs and other fees, spiked insurance rates, trouble at work, and the pain and embarrassment of having to explain what happened to your friends, colleagues, and family.

As any experienced Los Angeles DUI lawyer will tell you, putting out all these fires can be a complex and emotionally difficult business. However, in your rush to put out the fires, you may forget to do the deep, penetrating analysis that you need to do to prevent additional troubles, including future Pasadena DUI arrests.

You probably don’t need to be reminded that Pasadena DUI “recidivists” get punished more than first timers do. Each time you get rearrested, you face stricter punishments with respect to license suspension, alcohol school, fines and fees, jail time, and beyond. To get at the root cause of what created your situation, you need to be honest and objective – you need to be able to think and do some introspection.

February 3, 2012

Changing the Burbank DUI Paradigm: Part #1 – What’s the Point of Fighting Los Angeles DUIs, Anyway?

by Michael Kraut

In an ideal world, Burbank DUI arrests would never happen.

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.

January 16, 2012

Burbank DUI Defense Lessons from Shocking Arrest of Atlanta Beach South Carolina’s Mayor

by Michael Kraut

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?

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.

January 11, 2012

Burbank DUI Arrests (And Arrests Across LA) Up By 9% Over New Year’s: What Does It Mean??

by Michael Kraut

According to California Highway Patrol estimates, 248 motorists were arrested under suspicion of driving under the influence in Burbank and elsewhere in Los Angeles over the New Year’s “holiday crackdown” period. Last year, over the same weekend, only 228 motorists were busted for Los Angeles DUI. As pundits have pointed out, this means that DUI arrests spiked by 9% over the 2011 numbers.

What does the spike mean, if anything?

First of all, take a step back. Without context for those statistics, it’s impossible to tell whether a 9% bump in arrests over any given weekend is statistically significant in any way – or whether it’s simply random statistical noise. Unfortunately, the media and many bloggers will make a mountain out of the molehill of these statistics, anyway. The headline “Burbank DUI arrests spiked 9%” will undoubtedly be leveraged to try to prove political points, spur interest in websites through Google searches, and generally sensationalize the situation.

We all, in some sense, understand that the media operates in a less-than-scientific manner when it discusses the ramifications and potential solutions for Burbank DUI. But often the “experts” themselves fall into a similar trap of extrapolating way too much information from poorly parsed statistics and research.

This isn’t to say that we can’t know anything about Burbank DUI or that people shouldn’t report on these stories or spin them. But it’s helpful to deal with numbers and reality instead of fantasies and spin, especially if you are a Burbank DUI defendant confused about your rights, responsibilities, and potential punishments.

Statistics can lead to insight and possible solutions, of course. For instance, a 2009 Centers for Disease Control and Prevention (CDC) analysis found that nearly 11,000 people died on US roads in 2009 due to alcohol influenced auto accidents. The CDC also argues that field sobriety checkpoints in Burbank and elsewhere can reduce DUI accidents by as much as 20%. So it’s not like reporters and policy makers are operating in a zero-information environment. Quite to the contrary, they collectively understand a lot more about Burbank DUI behavior and potential solutions.

If you have an urgent question about your Burbank DUI arrest, connect with an experienced and highly reputable 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 get help now. Attorney Kraut is a Harvard Law School-educated former prosecutor, and he has a nearly perfect record at jury trials and an excellent reputation among his legal peers.

December 5, 2011

Will Beverly Hills DUI Defendants Like or Loath TLC’s New Show “DUI”?

by Michael Kraut

Perhaps you already follow the latest Beverly Hills DUI news in the tabloids or on the blogosphere. Or maybe you stick to more “serious” sources of DUI news, such as news reports or even professional analyses of DUIs.

But even if you scour all these sources, you will come up with a rather superficial understanding of what’s like to be a Beverly Hills DUI defendant, and you may not learn much meaningful information to:

A) Help you avoid getting into DUI trouble in the first place;
B) Help you understand what to do (and more significantly, what not to do) after you’ve been pulled over for driving under the influence in Beverly Hills or elsewhere in the Southland.

Fortunately, you now have a novel way to “pull back the curtain” and see what Beverly Hills DUI defendants really experience.

The TLC Network launched a new show last week called “DUI” in the spirit of reality TV shows like Cops and Jail. Reviews for the show generally have been positive. The Washington Post’s blog called the show “irresistible” and discussed how the show is interested in going deeper – actually following motorists “after they failed sobriety test… days and weeks into court appearances and the punitive phase of their charges.”

The Washington Post review also said that “What’s emphasized here are the disastrous financial and personal losses that come for everyday working folks arrested for DUI. Granted, they should never have been behind the wheel, but “DUI” is surprisingly uninterested in MADD-style scolding and more focused on legal process. It’s also refreshingly empathetic to everyone involved.”

This last point is absolutely crucial, and it is also wonderful.

It’s so easy in today’s world – where we’re berated with twitter-esque headlines 24/7 – to demonize people, judge them, blame them, categorize them, etc. Instead, we can learn a lot more – and protect our roads a lot better – if we focus on empathy. What feelings did you feel when you were pulled over for driving under the influence in Beverly Hills? How could your needs have been met differently that evening? Unless we ask questions like this – probing to the heart of the problem – our punishments are going to be superficial, relatively useless, and certainly damaging to defendants.

If you’ve been struggling with a DUI charge – fretting about what might happen to your license, your job, your pocket book, or even your freedom – you likely need the assistance of a qualified and highly experienced Beverly Hills DUI defense attorney. The Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) is dedicated to providing empathetic, substantial, and powerfully strategic services for defendants. Connect with the former Deputy DA and Harvard Law School educated Attorney Kraut today to explore the most effective solution for your DUI problems.

October 21, 2011

Beverly Hills Field Sobriety Test Cautionary Tale: Former CEO of Chicago Tribune Busted for DUI in Cincinnati

by Michael Kraut

Last week, Randy Michaels, the former Chief Executive of the Tribune Company (owner of the Chicago Tribune, among other media holdings) was arrested near Cincinnati. If you or someone you care about is facing similar charges after failing a field sobriety test in Beverly Hills (or elsewhere in the Southland), Michaels’ ordeal may be quite instructive.

Although blogs and media outlets around the country reported on the arrest, it was most interesting to read the Tribune’s own report about the paper’s former boss. According to an October 14th article in the Tribune, “the media scion was arrested on 2 A.M on Friday the 14th near Ohio Highway 122 and Interstate 75.” The Tribune reported that “police found his car stuck in mud with water up to the vehicle’s frame in a construction zone… an officer who approached the car said he smelled alcohol on Michaels’ breath, noticed his eyes were bloodshot and described him as being “unsteady” on his feet.”

As regular readers of this Beverly Hills DUI blog know, those are classic Beverly Hills DUI symptoms.

Michaels was also put through the paces of field sobriety tests – three times – including stand on one leg, and walk the line. Police reports said that Michaels could only balance on his leg for about 3 seconds – a classic indicator that something was either amiss with his vestibular system or that he was under the influence of alcohol or other substances.

After the arrest, Michaels was bought to a city jail in the nearby town of Middletown. After consulting with a lawyer, Michaels refused to take a breathalyzer test at the jail. He was released after posting a bail of around $600.

Michaels took over the Chicago-based Tribune Company in 2007 but departed last year amid allegations that he had brought a “frat house culture” to the corporate offices of the Tribune.

Are there lessons here? Sure.

First of all, it is interesting to note the difference between Michaels’ reaction to his arrest (he called his attorney instead of submitting mindlessly to a breathalyzer test) and to contrast his actions with the actions of other DUI suspects we’ve recently blogged about. If you recall from a few blog posts ago, we talked about how drivers often make impulsive, irrational, destructive decisions AFTER getting arrested that redound to massively complicate their cases.

So here is a takeaway – and it is a takeaway that cannot be stressed enough: even if you’ve made terrible mistakes, such as driving DUI in Beverly Hills with injury, it’s never too late to start making rational, accurate and strategic decisions.

A competent Beverly Hills DUI attorney can help you know what you need to do. Connect with Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) today to discuss your needs and concerns. Attorney Kraut is a very reputable former prosecutor (also Harvard Law School educated) with the knowledge, knowhow and connections to give you best service.

October 12, 2011

Pasadena DUI Charge or Charge of Killing the King of Pop: Which Would You Rather Face?

by Michael Kraut

Obviously, anyone charged with a serious crime like driving under the influence in Pasadena needs to take proactive, responsible, strategic action. The consequences of a less than stellar Pasadena DUI defense could mean anything from extensive and unnecessary jail time to catastrophic destruction of your personal and professional reputation.

But in the grand scheme of things, you can at least be thankful that you are not sitting in the hot seat currently occupied by the late Michael Jackson’s erstwhile physician, Dr. Conrad Murray. Last week, Jacko’s personal physician squared off against prosecutors at Los Angeles County Superior Court (Judge Michael Pastor presiding). Drama started the day before opening statements, when the judge two made pivotal rulings – one that Murray’s attorneys no doubt cheered and one that they jeered.

Defense Attorneys Cheered (Probably):

Prosecutors will not be allowed to tell jurors that investigators contacted Murray four times to re-interview him. According to a Los Angeles Times report: “The physician and his lawyer met with police for a lengthy interview two days after Jackson died, but an e-mail and phone calls to the attorney and Murray’s office were not returned.”

Defense Attorneys Jeered (Probably):

Jurors will not get to see a video of Michael Jackson’s last ever news conference. Murray’s lawyers wanted to include the footage, which allegedly “showed Jackson “under the influence” in public three months before his death and…established that the singer had agreed to a comeback concert series of just 10 “This Is It” shows and not the 50 ultimately scheduled.”

The 58-year-old Murray faces up to four years in jail as well as the loss of his license to practice medicine if the jury convicts him of involuntary manslaughter.

Prosecutors are trying to build a case that Murray gave Jackson propofol, an anesthetic used in surgery, to help the pop star sleep – a clear and scary violation of physician norms. Murray’s camp, however, contends that the King of Pop dosed himself to death.

Jacko’s doctors legal woes notwithstanding, if you face Pasadena DUI charges, your mind is likely completely consumed with your potential punishments and possible opportunities to fight back. What strategies should you adopt? What Pasadena DUI criminal attorney can you trust to protect your rights and ensure that you get the best possible outcome?

These are important questions to think about. Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) would be happy to speak with you about what you might be able to do to improve your legal situation. Not only does Attorney Kraut have a Harvard Law School education, a great record at jury trials, and experience as a former prosecutor (14+ years as a Deputy DA for Los Angeles) but he’s also been featured as a legal expert for Legal Broadcast Network, U.S. Weekly, The Los Angeles Times, and KTLA Channel 5.

October 5, 2011

Considering an Outrageous Long Beach DUI Defense? Ex-Detroit Lion Reggie Rogers Probably Has You Beat…

by Michael Kraut

If you or someone you love has been charged with the crime of driving under the influence in Long Beach, you might feel the urge to get a little creative in your defense.

After all, you’d like to shelter yourself from punishments like a long jail sentence, license suspension, mandatory alcohol education, fines, and the complete destruction of your personal reputation. But there are right ways and wrong ways to construct a Long Beach DUI defense. Ex-Detroit Lion Reggie Rogers, who’s facing a sixth DUI (in one of his earlier other DUI incidents, he killed three teenagers), is putting up a defense that has many commentators smacking their foreheads in disbelief: is he really doing this?

Here’s the scoop, per a local Detroit Fox News affiliate: “45-year-old Rogers was sentenced to one year in prison for his latest DUI, but his attorney is pleading with the judge to hear his cry and have Rogers serve his time under house arrest because the mattresses in prison will hurt his back.”

In November, Rogers’s attorney will make a case that the hard mattresses in prison will compel Rogers to undergo “another expensive surgery on his back.” The attorney is claiming that sending a patient with a bad back to prison is tantamount to “cruel and unusual punishment.”

The father/uncle of the three teens Rogers killed in a 1988 incident is not buying it. Robert Willett gave this rage-packed rebuttal: “If it’s only a mattress keeping him out of jail, I’ll buy him a mattress. So, don’t tell me because he had back surgery… if we had to let every prisoner go because they had back surgery, we’d have a lot of people out of them jails. So, it’s absolutely absurd… the only thing I ever been shocked about is he hasn’t killed anybody else.”

A legal analyst for the Fox 2 Detroit News team also found Rogers’s DUI defense preposterous: “I am outraged that he can even make such an argument… that he should be given some special treatment on a sixth drunken driving because he’s got a bad back. So, people with bad backs should get some special treatment? It’s not going to happen with this judge. It’s not going to happen with any judge. He should be in prison.”

These vitriolic responses illustrate what can happen if you concoct an absurd defense.

All that being said, you do have the right to a sound, compelling, and thorough defense; if you work with a strategic and knowledgeable Long Beach DUI criminal defense attorney, you might be surprised with the quality of your results. And you won’t need to resort to making absurd, unwinnable arguments that only earn you public derision.

The Long Beach DUI defense team at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you understand the dos and don’ts of preparing your case. Attorney Kraut is a former prosecutor – with 14-plus years in the Deputy DA’s Office – so he knows how prosecutors think, what incentives they respond to, and how to negotiate with them. He also has a terrific rate at jury trials and a real understanding for how to build the most appropriate and successful Long Beach DUI defenses.

September 21, 2011

Choosing the “Best” Beverly Hills DUI Lawyer Can Drive You Insane

by Michael Kraut

You or someone close to you recently got in trouble for driving under the influence in Beverly Hills. You know you need an attorney to manage your burgeoning legal crisis. But who should you choose, and how might you know when you’ve found the “best” person or legal team for the job?

This seems like a relatively simple question to answer. But it’s a question that can provoke a tremendous amount of anxiety. In fact, when you search for Beverly Hills DUI lawyers online, you will encounter dozens if not hundreds of options. Sifting through the websites of prospective attorneys can leave your head spinning. On the surface, this should be a good thing: the more choices you have, the better, right?

Perhaps. But maybe not, depending on the circumstances.

Social scientist Barry Schwartz described a powerful concept about choosing that might have serious relevance to your frustration. In his book The Paradox of Choice, Schwartz destroys one of the most common myths in our consumer-oriented society. Most of us believe that “the more choices, the merrier.” In other words, when we have more options, we will be more likely to find the “best fit” for our needs, whether we are shopping for shoes, a new house, or a Beverly Hills DUI lawyer. Instead of choosing from six choices, we would rather choose from 60. This kind of optimization thinking has been drilled into our subconscious since childhood.

But Schwartz points out that superabundance of choice leads to analysis paralysis and dissatisfaction with the final results. In other words, when you have to make a decision between 60 different options, even if you choose one that’s “better” than any option you might have gotten had you restricted your choices to six, you will feel worse about the outcome and ultimately less satisfied with your decision over the longer term.

This is the Paradox of Choice: the more choices you have, the less happy you will be with your final choice!

One reason is that when you are exposed to a lot of choices, you will constantly think about how your final choice compares to all the options you didn’t choose. On some level, we all intuitively recognize this problem. Think back to last time you went to Jerry’s Deli or another diner in Long Beach and got overwhelmed by the sheer size of the menu. No matter what you picked – the giant omelet, burger and fries, soup du jour, etc. – you “missed out” on hundreds of other meals you might have also wanted to try.

The solution, according to Schwartz, is to aim for “good enough” solutions to your problems. In other words, you don’t want to be careless and just eliminate choices for the sake of eliminating them. But you want to be choosy about how you choose. A “satisfactory” choice may ultimately leave you feeling better about your decisions than a “best” choice, ironically enough.

Fortunately for you, there is no reason to lower your standards. Attorney Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) is an experienced Beverly Hills DUI defense lawyer with the resources, wherewithal, unique experience (served as a prosecutor for LA for 14 years), educational background (Harvard Law School), and jury skills to get you excellent results.

September 9, 2011

Pasadena DUI Process and the News Media: When Is it Appropriate and Fair to Cover Someone’s DUI Arrest?

by Michael Kraut

If you have been recently tagged for driving under the influence in Pasadena, you might have had the quite unwelcome surprise of finding your face and the intimate details of your arrest plastered all around the internet on blogs and perhaps even on local news reports. Whether your arrest was highly publicized or not, the media and blogosphere needs to start a general conversation about what exactly constitutes a “newsworthy” Pasadena DUI arrest.

Factors that typically seem to be considered include:

• The defendant’s status e.g. – celebrity, politician, athlete, rich person, CEO of a major company;
• The severity of the charges – e.g. Pasadena DUI murder or manslaughter story is generally more newsworthy than a standard arrest for simple violation of CVC 23152(a);
• Whether anything about the story was bizarre, eclectic, or otherwise newsworthy – e.g. maybe the defendant was arrested for driving under the influence on a lawnmower; or maybe he or she was arrested for the seventh time in 10 years; or maybe he or she caused a 20-car pileup on a lonely mountain road.
• Story serves as a lesson to prove a political point, open a discussion about broader ramifications of Pasadena DUI policy, etc.

A small story out of the Kalamazoo Gazette, of all places, examined the criteria that the media and the blogosphere use to report on DUI stories. Last Tuesday, the Gazette took a closer look at the reporting done about the DUI arrest of a public school curriculum director, Denise Bresson. The arrest was her second DUI in four years.

Was Bresson’s arrest newsworthy or not?

Regular readers of the Gazette weighed in on both sides. Some argued that, of course, her arrest should have been newsworthy, since she is part of the public school system, and her behavior could impact the community’s educational system. Readers debated the pros and cons of exhibiting this official’s dirty laundry – what’s the ultimate purpose of this reporting? Should she be held to higher standards since she works in education? Is the Gazette “just picking on educators” or not?

While this blog obviously is not going to weigh in on the case, it is heartening to see vigorous “meta discussion” about the nature of Pasadena DUI coverage.

The news media filters the public’s understanding of DUI law, process, practice, and penalties. And everyone – especially Pasadena DUI criminal defense attorneys – wants to educate the public about the risks and dangers of driving under the influence. So the more that we can open up the discussion about how best to report DUI news, the better.

On a less heady level, if someone you care about has been arrested for DUI, attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is here to serve you. Attorney Kraut is a widely respected Harvard Law School-educated former prosecutor who has the talent, skills, and tactical know-how to deliver optimized results for your case.