DUI and Child Endangerment

November 28, 2012

Driving Under the Influence in Southern California: You’re Doing it Wrong

As someone who was recently booked for a charge of DUI in Southern California, you probably feel somewhat reluctant to criticize other people who’ve been arrested for the same crime. But it’s a myth that all DUI crimes are ‘equal.’ In fact, DUIs are far more diverse than the public realizes. Typical defendants include high profile politicians, celebrities, and recidivist offenders who’ve been busted/convicted multiple times and possibly even caused harm to people multiple times.

Point is: don’t paint Los Angeles DUI defendants with a broad brush.

In light of that, it’s enlightening to look at a crazy story out of Temecula, where 53-year-old Marlies Petersen got arrested for driving under the influence on the 5 after she tried and failed to make an illegal U-turn on the freeway – twice! – and hit the median strip both times.

The CHP responded to a motorist’s 911 call around 2 in the afternoon on Monday, when someone saw Petersen allegedly weaving her Ford pickup truck around. A local officer who responded, Nathan Baer, told news outlets that the ‘Ford F150 pickup stopped in the center median of northbound Interstate 5 and made a left turn.” Astonishingly, the driver tried to drive through the wall at low speeds and failed. Baer reported that she then ‘backed up and attempted to drive through the concrete median wall, also known as a K-rail, a second time the pickup became stuck in the soft dirt.’

A witness, Dave Iverson, ultimately managed to get Petersen to stop trying to reverse – and potentially put her life and lives of others in danger – and hand over the keys. A CHP officer said that Petersen exhibited extreme symptoms of Southern California DUI. Officer Baer said that she appeared ‘highly intoxicated and had difficulty standing and walking on her own.’

Although those are classic symptoms of Southern California DUI, vertigo and difficulty speaking can also be caused by a variety of other problems, including psychological trauma, bad reactions to medications, etc. – all which can be exacerbated by some alcohol consumption.

Trying to piece together your Los Angeles DUI defense puzzle
Ms. Petersen’s ordeal is a powerful illustration of how desperate and confused people can get after they make mistakes behind the wheel. If you are in a metaphorical ‘hole,’ your first step should be to stop digging. Rather than make your DUI defense more complicated and less certain, take strategic steps to understand exactly what you are up against and to develop a plan to respond more mindfully to the charges.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles is a highly regarded Southern California DUI defense attorney with years of experience on both the defense and prosecutorial side of things. Mr. Kraut and his team would be happy to provide a free consultation to help you develop a thorough plan of action regarding your DUI defense strategy.

October 15, 2012

Long Beach DUI Lessons from Scary Injury Crash in Rancho Cucamonga – Three High School Girls Hurt

by Michael Kraut

If you injured someone while driving under the influence in Long Beach or elsewhere in Southern California, you likely feel tremendous regret and panic. Whether the accident was your fault or not – or only partially so – you are probably confused about your legal rights, and you want to know what you can do to protect yourself.

Consider the following news item to help place your arrest into context.

Last week, in Rancho Cucamonga, 29-year-old Cory Holker apparently lost control of his silver Toyota Camry on Base Line Road as he tried to pass another car. The Camry flipped over a curb, smashed into a tree and spiraled around and hit three Alta Loma High School girls – two freshman and one sophomore. A local resident heard the accident and the screams and called 911. All three girls were taken to the hospital with injuries – and one had to be pried out from underneath the car – but fortunately, all three are expected to survive.

Holker, on the other hand, faces a difficult road ahead of him, legally speaking.

He allegedly failed a breathalyzer test at the scene – and even though Long Beach DUI breathalyzer tests are notoriously unreliable, as we’ve talked about many times on this blog, it’s still not a great piece of evidence for him to “explain away.” In addition, he was cited for speeding, failing to wear a seatbelt, and following another car too closely. Holker also has a substantial record of citations, and he now faces a felony Southern California DUI count as well.

When most people read stories like these in the news, they immediately feel empathy and sympathy for the victims – as well, they should. It’s easy for the not-involved to demonize DUI drivers, especially drivers who hit and hurt other people who do other ìdumb/illegal stuffî while DUI. But it’s important to be compassionate – not just towards victims, but also towards defendants. The reality is that there is often much more to most Long Beach DUI cases than meets the eye – or that can be conveyed through a simple news blurb or blog post.

Consider your situation, for instance.

Even if you believe that you were in the wrong or guilty of DUI or other driving-related crimes, odds are you do not see yourself as a cartoonish villain or in morally black and white terms. Your situation is complex, and you’d like a little bit of compassion as you struggle to understand what motivated you, what you can do in the future to prevent getting into similar situations, and what you might be able to do to repair any harm that you may have accidentally caused.

The team here at the Kraut Criminal & DUI Lawyers has tremendous experience and a unique perspective on Los Angeles DUI cases.

Attorney Kraut is a Harvard Law School educated ex-prosecutor – he spent the bulk of his career prosecuting DUI cases – and that experience gives him a powerful and informed perspective on the whole process. It’s helped him to be a more effective and intuitive Long Beach DUI defense attorney. Find out more about Attorney Kraut’s credentials and record for service here on this site, or get in touch with his team today for a confidential consultation about your defense options.

October 10, 2012

It Should Be Commonsense Not to Allow Your 14-Year-Old Daughter to Drive DUI in Los Angeles…

by Michael Kraut

Just because you’ve recently been arrested for driving under the influence in Los Angeles doesn’t mean that you have no knowledge of right and wrong or no standards. Far from it! In fact, odds are, you probably resent being lumped in with other DUI defendants!

Understand that there is an enormous spectrum, when it comes to DUI offenses. On the one hand, there are the perennial, serial DUI offenders who get arrested and convicted multiple times. But this “species” of Los Angeles DUI defendant is surprisingly rare, and even people who fall into this category generally deserve more respect, empathy, and support.

On the other end of the spectrum, you can find people who commit minor mistakes – or who actually make no mistakes at all but rather wind up as victims of overzealous officers at Los Angeles DUI check points.

But anyone with a moral compass might wonder about what happened recently up in Napavine, Washington, where local state patrol officers arrested a 14-year-old girl from Portland, who had allegedly flipped a van while driving under the influence. The incident took place the Sunday before last on Interstate 5, near the town of Chehalis.

You might think that this was just a case of a rebellious teenager borrowing her parents’ van and going for a joy ride. Nope. Initial report suggests that circumstances were far weirder. In the van with her was a 51-year-old Portland man and a 16-year-old runaway girl.

The driver and both passengers suffered minor injuries in the rollover. But local reports from KATU suggest that it’s not yet clear how the three people know each other.

The 14-year-old girl, meanwhile, faces charges of driving without a license, driving DUI, and being a minor in possession of marijuana.

Who knows what was actually going on up there?

If you’ve been tasks with defending against similar (or even more severe) charges pursuant to your Los Angeles DUI arrest, you might appreciate the revelation that this case appears to be far more complicated than superficial analysis reveals. Indeed, many DUI cases are wrapped up with strange subtleties, and only a thorough investigation and detailed legal work can help defendants get cleared or at least put up their best possible defense.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers spent a significant portion of his life working as a city prosecutor (14 plus years as Senior Deputy District Attorney), so he has a really good feel for how prosecutors like to go after Los Angeles DUI defendants.

Attorney Kraut now uses that knowledge to help people like you with creative, legally taut defenses to their DUI charges. Get in touch with attorney Kraut and his team today to go over what he can do to protect your interests.

October 3, 2012

Please Don’t Say That Your Burbank DUI Arrest Involved Speeds over 120 Miles Per Hour and Small Kids in the Back…

by Michael Kraut

Your recent arrest for driving under the influence in Burbank may have been humiliating, scary, and overwhelming. But hopefully you did not behave as carelessly as 25-year-old Derek L. Greene allegedly behaved. The Rhode Island native was arrested last Sunday night, after local police saw him speeding at 120 miles per hour on Interstate 95, with three kids in the back, ages 2, 3, and 4. Local troopers busted Greene for reckless driving and also tagged him with a DUI charge.

Your situation: uncomfortably similar to Greene’s?

If you just got stopped at a routine Burbank DUI checkpoint and busted for driving slightly over the limit, as defined by California Vehicle Code Sections 23152 (a) or 23152 (b), you might not put yourself in the same ìclassî as Greene. But be careful about ìexonerating yourselfî too quickly. When you drive recklessly – drive while on a cell phone, drive while fatigued, drive while DUI in Burbank, whatever – you’re not just affecting your own fate and the fate of your passengers. You’re potentially impacting strangers on the roads, including small children. So although you might not have driven 120 miles per hour with three small kids in the back – an obvious no-no in everyone’s book – you potentially committed a similar form of intransigence, only more indirectly dangerous.

The question before you now is: how do you clean up from your Burbank DUI arrest?

Obviously, prosecutors can hit you with a battery of charges, ranging from jail time to forced alcohol school to mandatory installation of an interlock ignition device in your car to huge fines and fees and so forth. And all of these punishments can have their own indirect repercussions. For instance, if you lose your California license, how will you get to work or school? How will you live your life?

You need to consider the legal implications – and your needs might be best met by connecting with the team here at Burbank’s Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is a phenomenally experienced Burbank DUI criminal defense lawyer. After being educated at Harvard Law School, Attorney Kraut spent years (14+) working as a city prosecutor. His deep and diverse background helps him to provide extremely thorough and strategic assistance for his clients.

But beyond the immediate implications of your DUI in Burbank arrest, you also may want to think about what the event means in broader terms for your life, safety, and well-being.

For instance, maybe you were unfairly arrested – the breathalyzer test yielded a false positive, and you want to challenge that. If so, the team at the Kraut Criminal & DUI Lawyers can help.

But what if this was your fifth arrest for Burbank DUI? What if you’ve gotten in trouble with the law before? If so, you might benefit from some introspection. What created the problems in your life? What can you do to take responsibility and solve your personal crises, so you can avoid getting in trouble in the future and start to build towards the life that you want?

September 26, 2012

Careful What You Say After Your Pasadena DUI: For Instance, Don’t Post “LOL! I Got a DUI!” on Facebook, Like 18-Year-Old Paula Asher Did

by Michael Kraut

Your recent Pasadena DUI arrest was no laughing matter…or at least it shouldn’t have been.

Unfortunately, recently arrested defendants have a peculiar way of getting themselves into lots more trouble by doing dumb things after an accident/arrest.

Consider the case of Kentucky teenager, Paula Asher, who wound up getting a two day jail sentence for posting about her recent DUI accident on Facebook. Her message was simple and flip: “my dumb a** got a DUI and hit a car LOL.”

Local police said Ms. Asher hit a car carrying four teenagers and then tried to drive away from the scene of the accident. No one was hurt, fortunately. If you injure someone while DUI in Pasadena, you could face felony charges – with a possible jail sentence of greater than one year – according to California Vehicle Code sections 23153(a) and 23153(b).

Ms. Asher’s “LOL” comment infuriated the parents of the four teenagers she hit, and they complained to the judge at a July 20 hearing. The judge ordered the teenager to take down her Facebook page, but Asher did not comply. As a result, the judge sentenced her to two days in jail for contempt. She eventually relented and apologized, but still, damage had been done.

Asher’s case powerfully illustrates two key points:

1) What you do after your Pasadena DUI stop and arrest matters.

You can still say or do stupid things that can make your situation far more uncomfortable, legally speaking.

2) Our reactions to traumatic events often surprise even ourselves.

Odds are that Ms. Asher was not literally “laughing out loud” after she hit that car. She likely was just trying to process a scary event in her own way – her words just came out wrong. Understand that you may say or do things that are not in line with your values, or that you would never do “in real life.”

It can be difficult to protect yourself and those you love from harsh consequences from a Pasadena DUI. To that end, connect with the team here at the Kraut Criminal & DUI Lawyers in Pasadena for experienced, grounded advice. Attorney Kraut is no stranger to DUI cases – he spent 14 years as a city prosecutor prior to becoming a criminal defense lawyer, so he knows how prosecutors tend to treat Pasadena DUI defendants like you. He can advise you carefully and methodically to help you get best results.

August 8, 2012

If Arrested for DUI in Long Beach, Do NOT, Under Any Circumstances, Spit in the Police Officer’s Face

by Michael Kraut

When you got arrested for driving under the influence in Long Beach, you were not exactly pleased. No one is.

The decisions you make after you get stopped, however, can have an enormously profound impact on your ability to fight the charges — i.e. to get them dropped or pled down to lesser offences — as well as on your capacity to regain emotional equilibrium after the event.

For an extreme example of what “can go wrong” after a DUI arrest, let’s turn our attention northwards to Boise, Idaho. Last week, police arrested 53-year-old James P. Krapp (real name) for driving under the influence and a host of other crimes.

August 1, 2012

Beverly Hills DUI Epidemic – 3 NFLers Busted for DUI in a Single Week, Brings Total Since Super Bowl Up to 27 Separate Arrests!

by Michael Kraut

If you’ve recently gotten in trouble for a Beverly Hills DUI, you have company, in the form of 27 National Football League professional athletes. That’s right. Since the conclusion of the Super Bowl on February 5th, there have been 27 DUI arrests involving professional NFL athletes. Things really started to heat up in mid to late July, when three separate NFL DUI arrests hit in one week. The culprits: Kenny Britt of Titans, Robert Quinn of the St. Louis Rams, and Marshawn Lynch of the Sea Hawks.

In a series of posts, we’re going to address these arrests, both specifically and in a larger context. What might they mean for NFL? More importantly, what lessons can you learn from this trend to help you deal with your Beverly Hills DUI charges, put your life back together, and avoid trouble in the future.

In today’s post, we’ll take a closer look at Britt’s arrest.

According to news reports, the Titans receiver was tooling around Fort Campbell, Kentucky with teammate Tommie Campbell, when he was stopped at a security gate, tested and arrested for driving under the influence.

Britt was no stranger to brushes with law enforcement.

Last April, he got busted in New Jersey after speeding 20 miles over the speed limit and trying to elude an officer. His charges were ultimately reduced down to a fine and misdemeanor. But he got a stern warning from the League. Prior to that, he had been arrested on marijuana charges, resisting arrest, participating in a bar fight, failing to pay a promised bail, and a motley assortment of other unpleasantries. Sports watchers suspect that Britt’s punishment this time will be more severe – he will likely get a multiple game suspension on top of other punishments.

Fortunately, his DUI did not result in anyone getting seriously hurt or killed. If you do injure someone while DUI, you can face felony charges per California Vehicle Code Sections 23153(a) or 23153(b). If convicted, you could lose many rights, face over a year in jail, and be subject to other life altering (and not in a good way) restrictions and penalties.

Furthermore, if your Beverly Hills DUI was not your first brush with the law, prosecutors might go especially hard on you.

What can you do to manage your legal challenges?

Connect today with an experienced professional with the Kraut Criminal & DUI Lawyers (8484 Wilshire Boulevard Suite 660B Beverly Hills, CA 90211-3220 Phone: (310) 550-6935). Attorney Michael Kraut is a Beverly Hills DUI criminal defense attorney who spent well over a decade on the prosecutorial side before switching over to represent defendants like you. He understands how prosecutors think and work, and he can help you devise and execute the most appropriate strategy for your defense.

July 9, 2012

Detroit Lions’ Aaron Berry Tagged for DUI – Lessons for Pasadena DUI Defendants

by Michael Kraut

Last week, 24-year-old Aaron Berry, a cornerback for the Detroit Lions, was arrested for DUI near the University of Pittsburgh after smashing into multiple parked cars. If you’re a defendant in a Pasadena DUI case – or you’re a friend or a family member of a soon-to-be-defendant – what lessons can we unpack from this NFLer’s situation?

First, a summary of what happened.

According to local news sources, Berry plowed his vehicle into multiple parked cars and then tried to flee the scene. Police caught up with him just a short distance away and arrested him. No one was injured. Berry hit with a DUI and charges for failure to stop and render assistance.

In the wake of the crash, Berry issued an apology through his agent, saying “This is not the example I want to set for young people, and it’s certainly not what my team and coaches expect from me. I promise to do everything in my power to make sure this never happens again.”

What are some of the implications of Berry’s arrest – implications that might be practical for you, if you’ve been busted for DUI in Pasadena or elsewhere in the Southland?

1. Your situation is probably not that unusual.

As this blog and other news sources have covered, NFL players are getting arrested in droves for driving under the influence recently – practically weekly. This problem is widely acknowledged by sports experts. But the point is that Berry’s situation is not without precedent – and your arrest is likewise almost certainly not without precedent.

2. Managing a charge of DUI in Pasadena is a process; there is no “magic pill.”

Berry’s situation is probably complicated – in addition to the apology he has made, he likely will have to jump through hoops to rehabilitate his professional and personal image. Likewise, even the most effective Pasadena DUI criminal defense attorney in the world cannot wave a magic wand and make everything right again in your world instantly. That said…
3. A great attorney can make an enormous difference.

The team here at the Kraut Criminal & DUI Lawyers in Pasadena (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you identify best practices, construct a tight and battle-ready defense strategy for you, and connect you with other resources to help you get things together.

June 27, 2012

Beverly Hills DUI Lessons: How (Not) to Party!

by Michael Kraut

Partying too hard is a great way to earn yourself a citation for driving under the influence in Beverly Hills. But what if you try to party “the safe way” – i.e. by renting a party to tool around Rodeo Drive or zip up to the Hollywood Hills for a night of safe debauchery and ridiculousness?

Apparently, even then, you can run into problems.

Witness last week’s disaster on Illinois’ Eisenhower Expressway: an SUV driver whammed a “party bus” and flipped it over, injuring 19 people. Fortunately, everyone involved in the accident survived. The most serious injury appears to be “just” a broken leg. But it’s easy to see how the situation could have turned a lot more ugly.

Here are details, accordingly to local news sources.

Per NBC Chicago: 20-year-old Andy Taylor apparently hit the “party bus” from behind, causing it to wipe out on the expressway and rollover near the Ashland Avenue exit. 15 people onboard the bus suffered injuries, and four people in Taylor’s SUV also got hurt. Interestingly, the driver of the party bus, Ammar Wachaa, was not playing by the rules. He had overloaded the bus, and he was driving without valid insurance on a suspended registration.

Sadly, the people on the bus were not just out for a good time – they were celebrating the birthday of a loved one/friend who recently had passed away.

Lessons for Beverly Hills DUI Defendants from the Illinois Party Bus Debacle
1. Even if you take maximum precautions, you can never be sure what’s “out there” on the roads.

The people who rented that party bus obviously thought that they would enjoy a safe and easy ride around town. They almost surely did not know that the bus driver had “overloaded” the vehicle; and they could never have anticipated that the SUV would have hit them. The reality is that, no matter how well we protect ourselves against disaster, the world is chaotic, and random “stuff” can happen to us. What we can do is to understand our risks in a sober and somewhat scientific fashion and do our best to “outthink” our risks.

2. Tiny mistakes or lapses of reason can redound to huge and potentially horrific effect.

In this case, fortunately, no one died. But people obviously could have died – or could have been severely, permanently injured. If you made a mistake behind the wheel – drank too many sips of wine before driving home, for instance – your life could change forever, and you could be forced to serve a long time in jail.

3. Your legal situation is almost certainly “very much in play.”

Jail time and a ruined life/reputation is not a fait accompli. You might be surprised by the versatility, diversity, and power of the defense options available to you, whether you were arrested for driving under the influence in Beverly Hills with a BAC of 0.20% or you hurt someone while DUI in Pasadena. You need to understand what to do next. The steps you take in the days and weeks to follow could be instrumental in helping you build a stiff defense – or in sealing your fate in a less than ideal way. Connect with the team here at the Kraut Criminal & DUI Lawyers in Beverly Hills (8484 Wilshire Boulevard Suite 660B Beverly Hills, CA 90211-3220 Phone: (310) 550-6935) to explore options for your best defense. Attorney Kraut is a highly regarded and very well known criminal defense attorney who specializes in Beverly Hills DUI defenses.

May 21, 2012

A Good Way to Make Beverly Hills DUI News – Drive 100 Miles per Hour to a Kid’s Birthday Party

by Michael Kraut

Whether you or someone you care about has been arrested for driving under the influence in Beverly Hills, or you’re just striving to be a better, safer parent, you can learn a lot from the story of Katherine Russell, a 34-year old Northern Californian mom, who was arrested last week after driving a 100 miles per hour in her SUV…because she was late to a child’s birthday party.

The San Francisco Chronicle reports that Russell tested at more than twice the Beverly Hills DUI limit of 0.08%. A California Highway Patrol officer saw her Toyota 4Runner zipping by a Sonoma County Road at around 90 miles per hour. When the officer approached her, the SUV allegedly sped up to a rocketing 100 miles per hour. Fortunately, no one was injured in the incident – and especially no children were hurt.

Parents here in Beverly Hills do some crazy “stuff” to help give their children a leg up and meet their needs. We live in a stress inducing city — Beverly Hills takes “keeping up with the Joneses” to the next level. All parents can be tempted to do stupid and dangerous things in the name of protecting their kids and giving their kids what we think they want or need. But there is a danger in this mentality. Sometimes, people get arrested for crimes like driving under the influence in Beverly Hills or elsewhere because they are striving to “do the right thing.”

In other words, we might know they we’re not in the best state for driving – that we “should” take more precautions or find designated driver. But our better instincts get overpowered by the urges and needs of the moment. Only after the fact do we realize how our efforts have backfired. And then we’re forced to scramble to figure out what we might be able to do about our trouble — how we can run damage control. This is only speculation, but it is possible that the 34-year old was speeding because of a deep and understandable need to take care of her child – to pick him or her up from that late night party. The moral is that our positive, nurturing urges can have damaging effects – if we are not careful to measure them against the realities of our situations.

Fortunately, a Beverly Hills DUI charge – even a complicated one – does not have to be a life sentence. An experienced, able, and respected Los Angeles criminal defense attorney at Kraut Criminal & DUI Lawyers (8484 Wilshire Boulevard Suite 660B Beverly Hills, CA 90211-3220 Phone: (310) 550-6935 ) in Beverly Hills can talk to you about what happened and give you some powerful advice to start to construct an effective defense.