DUI Checkpoints

December 12, 2012

Nothing in the World Can Possibly Prepare You for Your Beverly Hill DUI Experience

Whether you were pulled over for Beverly Hills DUI on the corner of Doheny and Wilshire near CVS or stopped on Beverly Drive right near where Islands used to be, you recognize that you’re in serious legal trouble. You need immediate assistance in diverse areas of your life.

Even if “all was well” in your world prior to your Beverly Hills DUI stop, your charges could wreak havoc on your life. You could lose your California driver’s license, get clobbered with massive fees and court costs, and find yourself serving a not-insubstantial amount of time behind bars. If you injured someone while driving DUI, prosecutors could ratchet up your charges pursuant to California Vehicle Code Section 23153(a) and 23153(b) — escalate your misdemeanor charges into felony counts. And we haven’t even begun to talk about the longer-term repercussions regarding your professional life, your intimate relationships, your risk for escalated penalties if you ever break the law again, and spikes in your auto insurance rates.

Unfortunately, there is no way to know how this experience will transform your life, career, and capacity to deal with challenges. However, you can take the first step towards transforming this difficult experience into one of growth, self-compassion, and learning. Consider the DUI as an obstacle to a better life as opposed to the end of the line. You survived the event. You have the mental capacity to understand these words. So you already need to consider yourself extremely lucky. Many people who drive DUI in Beverly Hills just like you did (or allegedly did) never survive to get a second chance, get rehabilitated, and make amends to people they hurt or repair the damage they caused.

Attorney Kraut of the Kraut Criminal & DUI Lawyers in Beverly Hills would be happy to talk to you about what you can do to start to construct a systematic, intelligent defense to the charges against you. Attorney Kraut is a former prosecutor with a long and detailed history of success. The Harvard Law School educated Kraut also has lots of connections as well as deep, empirically validated insights into how to solve tricky legal issues. Connect with his team today to understand your rights.

November 26, 2012

Long Beach DUI News Blotter: State Rep (and DUI Attorney) Gets Clobbered with DUI Charge

by Michael Kraut

It’s painful to be arrested for DUI in Long Beach or elsewhere in Southern California. It would probably be doubly painful if you represented defendants charged with driving under the influence for a living. And triply humiliating if you also served as a lawmaker.

Poor David Burnell Smith of Arizona recently suffered these three ‘stings’ simultaneously after Scottsdale police arrested him near Westland Road and Pima Road. They hit Smith with two charges of driving under the influence for impairment and for having a BAC in excess of 0.08% (also the limit for Long Beach DUI, as defined by California Vehicle Code Section 23152).

According to the Arizona Republic, Representative Smith – who had recently lost a primary race – was seen swerving around in his Chrysler 300, endangering other people on the road. After the police stopped him, he ‘stumbled’ out of his vehicle and refused to participate in FSTs (Field Sobriety Tests). He also inhaled (instead of exhaling) into a breathalyzer test before finally complying – and blowing a 0.137% BAC. Again, the legal limit for both CA and AZ is 0.08%. That reading was nearly double what’s allowed.

This would all be pretty embarrassing for a state representative, but Smith is also a lawyer who makes a living ‘fighting for those who have been arrested and/or charged with DUI.’

Smith claimed that he had swigged mouthwash before getting behind the wheel. As we’ve discussed at length on this Long Beach DUI blog, it is true that substances like mouthwash can throw off your breathalyzer test readings. Indeed, these tests are often surprisingly poorly calibrated, poorly executed, and poorly interpreted. An experienced Long Beach DUI defense attorney may be able to help you challenge the results and either reduce your charges or get them eliminated completely.

That being said, it’s a mistake to assume that you will be able to easily eliminate your DUI charges – or even successfully challenge breathalyzer test results. DUI law is extremely nuanced, and prosecutors are neither dumb nor particularly overly accommodating.

Fortunately, you can turn to Long Beach DUI criminal defense lawyer Michael Kraut, and his team at the Kraut Criminal & DUI Lawyers here in Long Beach, for an insightful, thorough, and strategic defense. Attorney Kraut has delivered big successes for his clients in complex DUI cases. He also worked as a prosecutor for the city for nearly a decade and half. So he understands how prosecutors think and work, and he maintains excellent relationships, which he leverages to help his clients get good strategic outcomes.

November 19, 2012

Expect More Pasadena DUI Arrests: CA Office of Traffic Safety gets $450,000 Grant for 100 DUI Task Force

by Michael Kraut

The California Office of Traffic Safety recently received a grant of $450,000 to enforce DUI laws in Pasadena and elsewhere.

The 100 DUI Task Force, as it’s known, has been charged with a litany of tasks, including conducting DUI checkpoints and saturation patrols and running programs to target repeat offenders. The Task Force is very active during holidays known to be flashpoints for DUI activity in Pasadena and elsewhere, such as New Year’s Eve, Cinco de Mayo, Saint Patrick’s Day, and Super Bowl Sunday.

On the one hand, we should applaud the work of this Task Force and be grateful that police officers are out there, putting their lives on the line, searching for ways to improve public safety and get dangerous drivers off the road.

November 7, 2012

If Arrested for DUI in Glendale, Don’t Drive the Wrong Way Down a One Way Street and Then Knee the Arresting Officer in the Groin

by Michael Kraut

If you or a loved one or colleague recently got arrested for driving under the influence in Glendale, your situation is obviously intense, scary, and overwhelming. Unfortunately – as we’ve catalogued numerous times in this blog over the past several months – DUI suspects often engage in tremendously dangerous and dumb behavior during and after the arrest sequence that redounds to cripple their legal defensive options.

Ideally, your Glendale DUI arrest was significantly less drama filled than the arrest of 37-year-old Andrea Weber, a British woman arrested in the town of Beatrice on Highway 136 last Wednesday evening. According to The Daily Mail, a paper in the UK, Weber got busted for a variety of charges, such as felony child abuse, flight to avoid arrest, assault, and the UK equivalent of driving under the influence. (In England, they obviously have different DUI laws, but these in many ways run parallel to the standards for Glendale DUI, as defined by California Vehicle Code Section 23152(a) and 23152(b) – or, if you injure someone, the “upgraded” felony CVC laws – 23153(a) and 23153(b).)

The Daily Mail reports that police saw Weber driving on Highway 136; they followed her car as she zipped down a one way street. The police pursued and eventually got her to pull over in a middle school parking lot. The police found two kids in her back seat. As the police chatted with the children, Weber tried to get back into her car. When a officer tried to stop her, she kneed him in the groin. Unsurprisingly, she was then restrained and arrested and hit with a bevy of charges, some of which we described above.

The moral for you, if you’ve been charged with a Glendale DUI
As embarrassing as your arrest might have been, what’s past is past. You cannot undo the damage you’ve done to property, people, and your reputation. However, you don’t have to let the past be a prison, either. Everyone makes mistakes. Your ability to rebound from your bad decision making might even surprise you. In fact, many famous figures in both American and British history have rebounded from incidents like Glendale DUI to become powerful leaders, humanitarians, etc.

You can almost view this as a learning experience – hopefully one that won’t cost you too extravagantly and won’t lead to massive jail time – and hopefully one that did not involve serious injuries to anyone or loss of life.

Glendale DUI defense attorney Michael Kraut of the Kraut Criminal & DUI Lawyers and his team are standing by to help you unpack your potential legal defense options and help you systematically defend against the charges. Attorney Kraut is a Harvard Law School educated ex-prosecutor. He’s a highly respected “maven” of Los Angeles DUI law, who is often called upon by the Los Angeles Times, KTLA News and New York Times to weigh in on important local DUI cases.

November 5, 2012

Pregnant Zombie Arrested for DUI: Hopefully Your Burbank DUI Mug Shot was Prettier

by Michael Kraut

Whether you got arrested for driving under the influence in Burbank on “All Hollow’s Eve” or not, odds are that the experience was spooky and disorienting, and not in a good way.

DUI stories have a way of becoming surreal and macabre – both for DUI suspects and for victims of the crash and investigators. Burbank DUI bloggers and national “News of the Weird” scouts from places like Huffington Post were riveted last week by a strange Halloween DUI story out of Birmingham Alabama.

Allegedly, a woman dressed as a pregnant-zombie-who-had-been-shot-in-the-head was found passed out in her car the morning after Halloween. Initially, passersby thought that she had actually been shot in the head. These people called the police, who found that the woman was just wearing a Halloween costume. The costume itself was amateurish, but when the frightened passersby saw it in context, it certainly looked gory and real. Plus, they found her on the morning after Halloween, not on Halloween itself. As one Birmingham police officer said, “you can see why someone thought she had been shot.”

Local officers woke the woman up, looked through her vehicle, and then arrested her on charges of DUI.

Obviously, getting a charge like driving under the influence in Burbank is not pleasant. But it’s certainly better than getting shot in the head and left to die in your car.

Nevertheless, you face a superabundance of challenges and questions that you will need to address in the days and weeks ahead. For instance, will your license get suspended? Will you have to spend significant time in jail? What should you be doing right now to prepare for your legal battle? Have you written down your own account of what happened – including quotes from officers or from any witnesses? Did you make any statements to authorities or to anyone investigating the case that could compromise your case or cause you potential legal problems?

Have you found and retained a Burbank DUI criminal defense attorney yet?

These and other questions are probably whirling around your head, even as you try to process what happened to you. It can be difficult to prioritize and strategize, since you’re not an expert in Burbank DUI law, and you’re also almost certainly dealing with emotional “blowback” from the arrest as well as “day-to-day” life concern re: your job, family, and relationship obligations.

The practiced and efficient team at Burbank’s Kraut Criminal & DUI Lawyers can assist you in developing a proper defense and making good sense of your options. Attorney Kraut is a highly respected, knowledgeable, and successful criminal defense lawyer who has the compassion and relationships to provide you excellent service.

October 31, 2012

How Not to “Tee Up” Your Pasadena DUI Defense: Drive 85 Miles Per Hour the Wrong Way on a One Way Street…

by Michael Kraut

We’ve said it before on our Pasadena DUI defense blog, and we will say it again: many DUI defendants dig themselves a very deep hole, legally speaking, even after they’ve been stopped and interrogated by police.

Driving under the influence in Pasadena, in and of itself, can indeed lead to tremendous penalties. Even a misdemeanor conviction pursuant to California Vehicle Code Section 23152(a) or 23152(b) can set you up for punishments ranging from big fines and fees to insurance rate spikes to jail time. However, when you make additional “bad decisions” after your stop, such as fleeing from the scene, committing hit and run, or driving the wrong way down a one way street to escape a checkpoint or detection by police, you may make your defense massively more complicated.

Consider, for instance, the case of an underage driver pulled over on October 10th for DUI in Wilkinsburg, Pennsylvania… after clocking nearly 110 miles per hour on a street with a 35 miles per hour speed limit!

The underage driver had been zooming along Penn Avenue in her Audi at 109 miles per hour (as clocked by local law enforcement) before pivoting on to Pennwood Avenue, Hay Street and Walls Avenue. She then gunned it the wrong way down on one way street before police finally caught up. The driver now faces a litany of seven charges, including DUI as a minor (first offense), driving without a license, exceeding the speed limit by 80 miles per hour (!!), reckless driving, providing false ID to law enforcement, and driving under the influence with general impairment.

The driver initially gave the police a false name, then she recanted and agreed to participate in field sobriety tests, which she allegedly failed. She also blew a breathalyzer test twice, which showed that she had a BAC of 0.13% and 0.14%, respectively. The legal limit for Pasadena DUI, as you probably know if you’re a long time reader, is just 0.08%. So this woman tested at nearly double that amount.

One bad decision spiraling into many bad decisions – a common story in Pasadena DUI cases

Many defendants wind up “kicking themselves” the days and weeks after their arrest because they obviously “should have known better.”

In reality, you may have only made one really bad decision – i.e. to get behind the wheel while not quite sober. But prosecutors may ultimately hit you with multiple charges, each of which can carry heavy punishments, like jail sentences and costly fines.

To respond effectively, you need both a practical and deep theoretical understanding of relevant case law. Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers has helped many people in similar situations to yours come up with powerful, solid, and inventive legal defenses. As a former prosecutor, Attorney Kraut understands how prosecutors like to approach cases like yours, and he can craft and pivot your defense accordingly.

April 30, 2012

Long Beach DUI News: Tragedy Out of Florida — Student Jumps to His Death After DUI

by Michael Kraut

The experience of getting arrested for driving under the influence in Long Beach is an experience that few people can really appreciate on a visceral, emotional level.

If you or someone you care about was stopped at a check point or arrested after an accident for DUI, your world probably feels upside down right now. No one expects to get a DUI. No one plans for it. But then, all of a sudden, you are tagged with one, and your life gets launched in a new, unexpected, and unwanted direction. And it wasn’t as if you had tons of time on your hands prior to your Long Beach DUI arrest or that your life was simple and carefree, either!

This preamble is an attempt to explain – or least put into context – a DUI-related suicide out of the University of Florida. 26-year-old Michael Edmonds, Jr., died the Sunday before last after jumping down the stairwell at the University of Florida’s Ben Hill Griffin Stadium. Edmonds had been arrested the day before on a DUI charge. The next day, a student heard a loud noise coming from the stadium and rushed in and found Edmond’s body on the sidewalk. She dialed the police while others arrived to assist, but Edmonds could not be revived. Obviously, the investigation is ongoing, and it would be premature and disrespectful to connect Edmond’s suicide with his DUI arrest.

April 16, 2012

Life After a DUI near USC or UCLA

by Michael Kraut

Perhaps you were stopped for driving under the influence near UCLA on Westwood Boulevard after munching on one-too-many late night warm Diddy Reese cookies and sipping on beers with friends. Or maybe you were stopped on Vermont near USC for speeding and reckless driving after a frat house party. In any event, the lapse of judgment or reason has created massive havoc in your life. How might your UCLA or USC DUI arrest – and possible conviction – impact not only your freedom and ability to drive but also your academic and professional future?

The college years (and graduate school years) are times of experimentation. After being confined by your parents’ rules for so long, you can be tempted to “push the envelope” and test the limits of your school and society. Some experimentation is natural – and even healthy. Some rules were, indeed, made to be broken. But not rules like California Vehicle Code Section 23152 (a) or 23152 (b) – the laws that cover misdemeanor Los Angeles DUI.

If you are convicted of violating these CVC codes, penalties can come at you from many directions:

* You can lose your license for up to a year.
* You can be compelled to attend alcohol school and adhere to strict probation terms.
* You may have to spend substantial time behind bars.
* You may be compelled to install something called an interlock ignition device (IID) in your vehicle – this device prevents you from driving your car unless you can blow a “sober breath” into a breathalyzer like device.
* You may also have to pay court costs and fines and fees.

And those are just the direct costs of a Los Angeles DUI!

The indirect costs are often both more subtle and more damaging:

* For instance, your insurance rates can go up – costing you thousands of dollars over the next few years.
* If you get arrested again for DUI or any other crime, your future penalties can be spiked because of a past conviction.
* You could get into academic trouble.
* Even if UCLA or USC does not explicitly punish you, your “DUI drama” may distract you from your school work, impair your ability to attend classes or attend the job that you need to pay for school, and so forth.

The silver lining to this very dark cloud is that an experienced UCLA or USC DUI attorney can profoundly help you – either by getting the charges dismissed altogether or by getting them pled down to lesser offenses. A good attorney can also help provide guidance and resources to help you understand what went wrong – what were the underlying forces that drove you to break the law or get in trouble with the police.

To achieve your best scenario outcome, you may need to act with some haste and retain a top quality Los Angeles DUI attorney. Consider working with the Kraut Criminal & DUI Lawyers’s own Michael Kraut – a widely recognized and celebrated Los Angeles DUI criminal defense attorney who has been featured on CBS, KTLA News, FOX News, and other sources. Mr. Kraut attended Harvard Law School and worked for years as a prosecutor. He can help you strategize to formulate the most appropriate defense. Call now: Local: (323) 464-6453 Toll Free: (888) 334-6344. The KLG is located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

March 14, 2012

Pasadena DUI Breathalyzer News: Hundreds of San Francisco DUIs Could Be Tossed Due to Breathalyzer Test Issues

by Michael Kraut

If you’ve recently been arrested and convicted of a Pasadena DUI due to a breathalyzer test, some breaking news should be of profound interest for you. This knowledge could be crucial, if you want to understand what defenses might be available to protect you from penalties like jail, alcohol school, driver’s license suspension, and the rest of the works.

San Francisco police are investigating up to 1,000 local DUI convictions due to problems revealed with 20 local breathalyzer machines. For about a decade, these machines were poorly calibrated and maintained. Police did not test these machines effectively. According to a local public defender, the breath tests needed to be inspected every 10 days, “and that wasn’t happening.”

As a Los Angeles DUI attorney will tell you, breath tests work by measuring the alcohol exhaled from the lungs. Even under the best of conditions, breath tests can be problematic. Different people process alcohol differently. A heavy set man on a diabetes medication might absorb alcohol vastly differently than might a healthy slim 20 something year old woman. The amount of air you exhale into your Pasadena DUI breathalyzer test can radically affect your reading, too. This is the reason why police tell you to take a “deep breath” before you blow into one. We could (and in previous blog posts, have) go on and on and on about all the different possible problems with breath tests. And that’s IF the tests function perfectly.

So what’s happening in San Francisco? How might it impact you?

First off, the 20 bad breath test machines have been taken off out of operation. The consequences of the police negligence could linger, however. In some cases, massive damage may have already been done. As Trent Copeland, a legal analyst for CBS News, put it “when [a breathalyzer] fails, when the computer-generated technology simply isn’t maintained properly, then suddenly the whole system is thrown into chaos and we can’t rely on anything in terms of the results.”

An amazing situation, isn’t it? But here is what’s even MORE amazing…
According to another legal analyst for CBS News, Jack Ford, the San Francisco case may inspire other police departments across the United States – including here in Southern California – to reassess how their breath systems work (or do not work). That’s crucial. If it turns out that your Pasadena DUI breathalyzer was flawed, you might have extra leverage to defend yourself.

Of course, your choice of Los Angeles DUI lawyer can make a huge impact — either positive or negative — for your case. An inexperienced attorney – or someone who doesn’t really understand the diversity and magnitude of potential breathalyzer test flaws – may not be able to develop the most strategic case for you.

Fortunately, you can turn to the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899 ) for guidance. Attorney Michael Kraut is a Harvard Law School educated Pasadena DUI criminal lawyer who served as a prosecutor before becoming a criminal defense attorney. As such, he understands what prosecutors look for, and he knows how to poke holes in the cases that they build against defendants.

February 29, 2012

Are Burbank DUI Breathalyzers Tests Based on Bad Science? Can That Really Be?

by Michael Kraut

If you failed a breathalyzer and got arrested for driving under the influence in Burbank or elsewhere in the Southland, odds are you are beating yourself up right now. You’re scrambling to figure out how your life will change once your California driver’s license is stripped away, you’re forced to pay massive fines and spiked insurance rates, and you’re compelled by law to serve jail time.

Before you continue dreaming up “worst case scenarios,” it may be worth it to take a breath (no pun intended) and learn a little bit about the potentially flawed and contaminated science behind Burbank DUI breathalyzer tests.

Many Questions, Surprisingly Feeble Rebuttals
1. The “lung volume” problem.

The volume of air that you expel from your lungs depends on a slate of factors. Are you a man or a woman? Did you take a big breath or a shallow one? Often, police officers will ask you to take a deep breath before a breathalyzer to yield a higher BAC rating.

2. The “diversity of metabolism” problem.

Every person’s biochemistry is different. We have different metabolisms. Our blood vessels dilate differently. We absorb alcohol at different rates in different situations. Our bronchial tubes are different — this fact, too, can impact the rate at which the alcohol permeates into the sample. Our “blood breath” ratio can vary widely, depending on temperature, genetics, and other factors. Most breathalyzers are rudimentary, simple tools — not great for dealing with the massive complexity of the human body.

3. Prominent researchers’ concerns are un-refuted.

Researchers like A.W. Jones, Kurt Dubowski and Michael Hlastala — widely recognized authorities in alcohol breath testing — have pointed out many flaws in the common methodologies. Dr. Kurt Dubowski, a decorated member of the National Safety Council’s Committee on Alcohol and Other Drugs (CAOD) and recipient of the American Academy of Forensic Sciences’ top honor, has been a vocal critic of breathalyzer thinking. In one paper, Dr. Dubowski argued that time curves for blood alcohol can vary widely: most people assume that alcohol gets absorbed within 60-90 minutes, but the science tells us this is just not true.

An Isolated Example of “Junk Science”?

As any Los Angeles DUI lawyer will take you, most Burbank DUI defendants automatically assume that breathalyzer results must be “true” or at least probably valid because these tests are so ubiquitous and popular. If they didn’t work, why do so many police still use them? If the science is so bad and ambiguous – as this blog article and many other sources have argued – then why has there not been more of an uproar?

The answer has to do, probably, with human groupthink. Indeed, there is evidence in a surprisingly diverse number of fields that junk science may be the norm. It could impact fields as far ranging as climate science, diet and nutrition science, and even particle physics.

Of course, you are probably less interested in saving the world than in figuring out what to do about your Burbank DUI. To that end, connect 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 get a free and comprehensive consultation to find your best defense strategy.