Articles Posted in DUI Checkpoints

Per TMZ, Judge Stephanie Sautner recently told Mean Girls star Lindsay Lohan: “keep doing what you’re doing… you appear to be doing very well.” It’s a shocking turn of events for anyone who has followed Lohan’s Los Angeles DUI saga, an epic tale that is nearly five years old at this point. The actress’ probationary report was practically filled with gold stars. It’s a huge difference from her November 2011 hearing, when prosecutors revealed that Lohan missed more than 75% of her scheduled therapy and neglected her community service at the L.A. County Coroner’s Department. lindsay-lohan-los-angeles-dui.jpg

Could January 17, 2012, go down as a huge pivot point for Lohan?

Not only did Judge Sautner smile at the 25-year-old pop star, but the progress report was apparently “lightning fast,” and Lohan completed enough of her requirements to attend a Sunday night Golden Globes party hosted by none other than Harvey Weinstein. The next court date for Lohan is February 22. Before then, she needs to spend 15 more shifts at the morgue and undergo five more counseling sessions. Once she hits her March 29 deadline, she can move on to unsupervised probation.

Of course, as a Los Angeles DUI lawyer would tell you, many of Lohan’s troubles could have been avoided if she had never driven under the influence of alcohol in Los Angeles in the first place. But her ability to rise like a phoenix from her legal troubles suggests that even recidivist Los Angeles DUI offenders can repair the damage to their lives and make progress. They can manage their punishments (or potential punishments) and learn powerful lessons from their experiences.

One of the most difficult aspects of being a Los Angeles DUI defendant is figuring out what to do, how to do it, and when to do it.

If you lack a fluent understanding of how Los Angeles DUI law works, you may need help, such as a free, no obligation consultation with a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028). Attorney Michael Kraut is a widely respected figure in the Los Angeles DUI defense community. He boasts a terrific record at jury trials. He has a Harvard Law School education. He served for nearly a decade and a half as a prosecutor. And he possesses a compassionate and attentive demeanor as a Los Angeles DUI attorney.

Attorney Kraut and his team can answer your questions, help you build a sound legal strategy, and deal with any challenges or opportunities that present themselves.

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New Year’s Eve is possibly the most dangerous day of the year for Pasadena DUI accidents and injuries. Revelers intoxicated on champagne (and who knows what else) will no doubt be populating roads like the 5, the 210, and California Boulevard, and threatening their own lives as well as the lives of everyone else out there. 2012-new-years-eve-dui-pasadena.jpg

You obviously want to protect yourself against the possibility of being arrested and charged and ultimately convicted for Pasadena DUI on New Year’s Eve. Not only would such a charge seriously ruin your evening, but your whole outlook on the New Year would be different. Your affirmations for the New Year could go from getting a new company off the ground or finding love to simply avoiding jail time.

A Pasadena DUI arrest or conviction would seriously throw off your 2012 game plans.

So, how can you protect yourself against this? If you Google around and read self-help literature, the answers seem easy enough: find a designated driver, know your limits, and if you do plan on drinking, avoid getting behind the wheel, etc.

Many people who know these rules – and have them branded onto their brains – nevertheless make mistakes at the 11th hour (literally) and still get behind the wheel and drive DUI. Why? Possibly because they do not pre-think their actions and behaviors!

If you are in a sober state of mind, you might say “of course, I would never drive DUI in Pasadena, that would be stupid.” However, if you are out partying with friends, and you want to keep up with the action, and the next party is at a bar just two blocks away… common sense and good judgment can be derailed by the circumstances and surroundings.

To protect yourself, “pre-think” yourself into safety.

What might you say or do that could throw off your plan to drive safely this New Year’s Eve? Why might you be tempted to get behind the wheel after “only having a few drinks”?

You don’t have to spend 20 minutes doing this exercise. Just spend 5 minutes. Just take the time now, before you go out, to review your common triggers – triggers to misbehave, to do things that you regret in the morning, etc. – and make a conscious, specific effort to avoid doing those this year. If you don’t trust yourself, write down these affirmations, and carry them on a little piece of paper or as a cell phone memo – a message from your wiser, more sober self to your more impulsive id-driven self to behave and avoid doing dumb things.

Of course, best intentions aside, mistakes happen. If you need a qualified Pasadena DUI criminal defense attorney, turn to Michael Kraut with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut is a former prosecutor with 14-plus years of experience as a former Deputy District Attorney. He is Harvard Law School educated. He is well respected as a Pasadena DUI expert by institutions like KTLA, the Los Angeles Times, Fox News, etc.

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Driving under the influence in Long Beach and driving in a school zone don’t mix. This truism is obvious enough. However, unfortunately, common sense is one of the first things that goes out the window when driving intoxicated.long-beach-dui-jail.jpg

Two weeks ago, Marie Lippincott of Costa Mesa struck and nearly killed a 17-year-old senior, Crystal Morales, at her son’s high school in Newport Harbor. Lippincott was arrested for causing an injury DUI and held at an Orange County jail in lieu of bail set at $100,000. Investigators suspect that she was driving under the influence when she hit Morales at a crosswalk on Margaret Drive, right before school let out. Court records show that Lippincott has a criminal history. In 2005, she pleaded guilty to prescription drug fraud, burglary, and theft. As for poor Ms. Morales, she was hospitalized in a coma with internal bleeding, swelling of the brain, internal injuries, and head trauma. A spokesperson said that Morales would be on assisted breathing for at least two weeks to recover optimally.

When reading the reports of Long Beach DUI accidents like this one, it’s easy to quickly judge people and “explain away” the facts of the accident. However, jumping to conclusions can be dangerous business. For instance, in a Los Angeles Times blog post about the accident, Laura Boss, a spokesman for the school district, highlighted that the section of Irvine Avenue where the accident occurred “has been a safety concern for school officials.”

This is not to excuse the bad driving or DUI driving, if it did occur. However, it does suggest that Long Beach DUI accidents do not occur in a vacuum. Often, a constellation of factors plays a role. Yes, a driver may be DUI. Yes, a driver may make misjudgments. But other factors, such as poor road engineering, auto malfunctions, and the dangerous or less-than-ideal actions of others can all come together to create the “perfect storm” of an accident.

If you have been recently arrested for driving under the influence in Long Beach, connect with an experienced Long Beach DUI criminal defense attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Attorney Kraut is a former DUI prosecutor (14-plus years in the Deputy District Attorney’s office), so he understands the dynamics, nuances, and emotional complexities of DUI cases. Tragedies like what happened to Ms. Morales are not inevitable, and they do not need to be repeated. It’s important for all of us to understand what goes wrong in these kinds of situations and to deal with the repercussions in a fair and compassionate way.

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Last Tuesday, Long Beach DUI checkpoints, patrols, and enforcement got a financial shot in the arm, when the LBPD received a California Office of Traffic Safety grant of $300,000, courtesy of the National Highway Traffic Safety Administration. long-beach-dui.jpg

According to a special report in the Long Beach Press Telegram, these funds will be used to sponsor “motorcycle safety patrols, DUI and drivers license checkpoints, DUI saturation patrols, red light enforcement and speed enforcement.”

The grant will fuel additional Long Beach DUI checkpoints in a bid to deter DUI drivers from getting behind the wheel and violating California Vehicle Code Section 23152(a) or 23152(b).

According to NHTSA figures, Long Beach DUI checkpoints (and checkpoints throughout the country) “have provided the most effective documented results of any of the DUI enforcement strategies, while yielding considerable cost savings of $6 for every $1 spent.

The Long Beach DUI enforcement grant will pay 10 officers to identify drivers who are DUI or drug DUI in Long Beach. On top of that, the grant will fund four additional motorcycle safety enforcement operations.

On the one hand, these increased patrols and special enforcement operations could help keep Southern California residents safer and, ideally, deter people from even thinking about committing a crime like Long Beach DUI. All that said, the law of unintended consequences can rear its head in the strangest of places and times.

While the saturation patrols could protect the public, they could also sweep innocent drivers into the dragnet and create hassles for those innocents and their families.

Challenges abound for those who want to ensure fairness in Long Beach DUI cases. If you or someone you care about has recently been stopped for driving under the influence in Long Beach, a Long Beach criminal defense attorney with the Kraut Criminal & DUI Lawyers can help you understand your rights, resources, and responsibilities and make judicious and strategic decisions in a going forward.

Depending on the circumstance of what happened, you may be able to escape harsh punishments, such as jail time, license suspension, mandatory alcohol school, strict probation, annoying court costs and fees, and long-term indirect consequences, like trouble getting work and high insurance rates. Connect with Harvard Law School educated, former prosecutor Attorney Kraut now to understand your best Long Beach DUI defense options.

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Whether you got arrested on the way home from a birthday party at the Glendale Galleria, or you got tagged for driving under the influence in Glendale on a clogged Southern California freeway during the throes of one of the Southland’s notorious Sig Alerts, chances are, your memories of what happened with the police are emotional, possibly blurry, and certainly painful and uncomfortable. glendale-field-sobriety-test.jpg

Most DUI drivers (fortunately) only have to experience field sobriety tests, PAS tests, and difficult police officer questions once or twice in their lives. That is certainly more than enough for most people. However, the “lack of practice” we have in terms of managing the ultra stressful situation of being put through the paces of FSTs and breathalyzer tests or blood tests, intense officer questioning, and the like can redound to negative effect for our ability to cope.

Glendale DUI suspects, often out of sheer naivety, fail to take simple actions that could protect their rights, get charges dismissed, and preserve and protect their reputations, driver’s licenses and good insurance rates.

Why are Glendale field sobriety tests so vexing and so potentially unfair?

Here are just a few speculative reasons:

Easy to confuse “learning related stumbling” with “DUI related stumbling.”

Most of us do not sit at home, practicing how to walk a straight line, counting backwards by 3, or saying the alphabet backwards. In fact, chances are, if you put yourself through field sobriety tests in your own kitchen or office or wherever you are now, you would stutter, stumble, and fumble around a bit because these activities are unfamiliar to you. This is normal human learning behavior –we learn by trial and error. Unfortunately, these normal-learning-related fumbles and stumbles and mumbles can easily be confused for DUI-related coordination problems.

Distractions abound.

Suspects don’t take Glendale field sobriety tests in a vacuum. They are bombarded by stimuli, including police officers (sometimes several) watching your every move, traffic roaring by, lights, sirens, etc. All these distractions make it harder to concentrate.

Emotional/stress reactions to the DUI stop itself.

Even a stone cold sober driver stopped and put through FSTs will undoubtedly experience soaring and crashing emotions, including stress reactions, anxiety, fear, anger, and other states of mind. These emotional reactions can also interfere with your ability to “pass” these tests.

Officer subjectivity.

Field sobriety tests are not like SAT tests, in that one can’t really ever standardize results because of all the variables involved. So, officer subjectivity undoubtedly plays an enormous role in terms of the diagnosis “DUI or not DUI”. Even officers who ostensibly try to play by the book – who seek to be as scientific and objective as possible – are no doubt heavily influenced by their biases, moods, perspective on the tests, and so forth.

All this is to say that if you failed your Glendale FSTs, it might behoove you to seek counsel from a respected, experienced Glendale criminal defense attorney. Connect today with Michael Kraut of the Kraut Criminal & DUI Lawyers in Glendale (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Come up with a strategic plan of action, and protect your rights and resources. Attorney Kraut is a veteran former prosecutor with a Harvard Law School education and a terrific reputation among his legal peers (including prosecutors and judges).

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If you got arrested after failing a Burbank DUI breathalyzer test – blowing significantly over the legal limit of 0.08% BAC, for instance – you may feel sour, sad, and scared that the breathalyzer test failure will doom you to a lengthy prison sentence? Now that you’ve been “tarred and feathered” as a DUI driver, will your insurance rates go to the roof? What will your friends, family and colleagues think about you now? Etc, etc.Intoxilyzer-8000-results-thrown-out.jpg

Before you go down this rabbit hole of fear and catastrophic thinking, pull out of your nose dive for a minute and consider a very curious story out of Manatee County, Florida, of all places. According to a local Florida paper, the Bradenton Herald, “prosecutors in Manatee County have decided not to use the alcohol breath test results from one or two local intoxilyzer 8000 machines, saying the volume of blown air wasn’t accurately measured.”

In other words, the machines screwed up!

And the “positive” DUI readings the machines collected are no longer valid as evidence!

As a Division Chief in the Florida State Attorney’s Office noted, “it was the right thing for the integrity of the pending cases to not use the breath results.” Not all analysts agreed with the decision to throw out the breath test results. A spokesperson for the Florida Department of Law Enforcement, Heather Smith, countered that “the volume is separate and independent from the subject’s alcohol content results … the amount of breath you blow cannot result in a higher or lower alcohol content reading.”

We will leave it to the reader to find the holes in Ms. Smith’s reasoning here. But let’s not get lost in the minutiae of the case – Florida officials already believe that the problem has been solved and the machines are now “fixed,” back in action, ready to help officers tag DUI drivers.

The greater point here is that Burbank DUI breathalyzer tests may not be as “bullet proof” as the common driver assumes they are. As this blog has documented many times over, breathalyzer tests can be corrupted by a diverse array of factors, including:

• Whether you are a man or woman;
• Whether you are a diabetic, or on a special ketogenic diet;
• How deeply you blow into the machines (Ms. Smith’s protestations to the contrary, notwithstanding);
• Calibration or officer reading errors;
• Sample contamination;
• etc, etc.

A Burbank DUI defense attorney, such as a Michael Kraut of San Fernando Valley’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), can help you understand the charges you face, figure out what to do about them, and resolve any questions, concerns, or fears you have regarding your situation and legal prognosis.

Attorney Kraut is a former prosecutor for the city. He is often called upon by major media institutions to provide expert analysis on Burbank DUI matters.

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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. Reggie_Rogers-DUI.jpg

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.

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Penalties for Glendale DUI convictions become harsher the more times you get arrested and convicted. The-Heart-of-Addiction-Dodes-Lance.jpg

A simple misdemeanor DUI conviction – for the first time – might lead to a little bit of jail time, license suspension, mandatory alcohol school, significant probation, and a not-insignificant amount of embarrassment. But these penalties pale in comparison with the penalties associated with a third or fourth Glendale DUI conviction within 10 years. Depending on circumstances, you might face felony charges for what would only be a misdemeanor charge for a first-timer.

On some level, everyone recognizes this. Getting arrested multiple times for the same crime is not a good thing to do. Bad things will happen.

How do we break the cycle? It’s a simple question with a complicated answer. But new thinking in the addiction research community suggests that traditional methods to treat alcohol as an addiction might do a disservice to many people who desperately need help.

One of the most popular ways of treating alcoholism is to send the alcoholic to a 12-step program similar to Alcoholics Anonymous. One key step in this program is to “admit you are helpless” in the face of alcohol. Most take that as a given – that we have to “surrender” control to some higher power to reclaim our lives and our bodies.

But not so, says Harvard University psychiatrist Dr. Lance Dodes, author of The Heart of Addiction. He argues that addicts engage in their addictive/destructive behaviors as a means of self-empowerment. Dr. Dodes suggests that many addicts start to feel better as soon as they make the mental decision to go have a drink – NOT as soon as the alcohol touches their lips.

This suggests that there is a deep psychological mechanism at play that has less to do with the chemical effect of the alcohol on the brain than it does with the effect of the decision to consume alcohol.

Dr. Dodes’ thesis is basically that the 12-step approach is backwards. We should not disempower addicts by telling them that they are “helpless,” Dodes argues, but instead look for ways to re-empower them and help them understand the forces in their lives that make them feel out of control. The next step is to motivate them to reassert control in positive ways, which will help them stop self-destructive behaviors like drinking and getting into Glendale DUI accidents.

It’s certainly an interesting theory, and you can check out more about it at his website, www.lancedodes.com.

For immediate help with your Glendale DUI defense, connect with Glendale criminal defense attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) to explore how to manage your scary, frustrating, and overwhelming situation. As a former prosecutor and media expert on Glendale DUI matters, attorney Kraut has the credentials, wherewithal, knowledge, and compassion to deliver a powerful defense and fight for your freedom.

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A roiling debate over Burbank DUI checkpoints (and checkpoints throughout the Golden State) has taken Sacramento by storm. A Democratic assemblyman from Los Angeles, Gil Cedillo, introduced legislation to prevent law enforcement from impounding the cars of unlicensed drivers stopped at checkpoints for DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles, and DUI elsewhere in CA. Cedillo’s bill passed, and it is now headed for the Appropriations Committee. Burbank-DUI-Check-point.jpg

The legislation passed — but not without some very vocal detractors, including Ellen Rosenberg, whose child was killed by an unlicensed driver in 2010. Ms. Rosenberg testified a Senate Public Safety Committee meeting and protested the bill. Opponents have cited an AAA Foundation for Traffic Safety study from 2000 that found that unlicensed drivers cause more than five times as many auto accidents as do licensed drivers. Cedillo and others point out that many DUI checkpoints are not anywhere near bars or drinking establishments and have been engineered purposely by law enforcement agents to impound cars instead of to protect against DUI.

As with most debates over how to clamp down on driving under the influence in Burbank, strong opinions are common. Reality is likely far more complicated than both sides wish to acknowledge. Unfortunately, our civic discourse often devolves to the point where sides with opposing interests simply fail to hear each other’s deep human needs.

As Marshall Rosenberg, founder of a school of thought called Nonviolent Communication, often inveighs: When two sides fail to connect at the level of need – to really empathize with one another – the solutions wind up being punitive, frustrating, and dissatisfying.

So let’s examine, as an experiment, the needs of various potentially affected people:

• Immigrant drivers who may not have a license: they need respect; they need to be able to see their friends, family, and to get to work; they need to build a life for themselves.
• Drivers and pedestrians: They have a strong need for safety on the roads and elsewhere
• Police: They have a need to exert autonomy, enforce the law, and experiment with strategies to make their jobs easier and make the lives of the citizens they protect safer and better

This is obviously an incomplete inventory. But even if you just look at this list of needs, they all sound pretty universal and understandable. The challenge, of course, becomes devising strategies that meet everyone’s needs, and that’s often not an easy thing to do – but it’s a particularly difficult challenge when various sides won’t even listen to one other.

If you have recently been arrested for DUI, an experienced Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can listen to your needs and help you come up with an appropriate strategic response to limit your penalties or get them dismissed entirely. Attorney Kraut is a former District Attorney (prosecutor) who understands Los Angeles DUI law from multiple perspectives, and he has a terrific reputation among legal peers.

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This blog has scrutinized dozens of Burbank DUI news items since its inception. One of the big takeaways is that drivers have a propensity to act irrationally and dangerously even after they have been stopped and arrested; and it’s often these “post-DUI” behaviors that transform ordinary, simple charges of Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI into life-altering legal crises.Burbank-DUI-checkpoint-2.jpg

Case in point: A terrifying story out of Kansas City, Missouri has the local police department and concerned citizens on edge. Early Saturday morning (the Saturday before last), a driver waiting at a sobriety checkpoint on Troost Avenue at 2:15 A.M., zipped out of line and hit a civilian police department employee. Here is a chilling quote from KMBC News in Missouri: “Investigators sayof the employee hit the hood of the Dodge and was on it for several blocks. The car also hit a police cruiser parked nearby. An officer fired a shot as the car drove off, but no one was hit. Police searched the area for several hours after the incident, but they have not been able to find the driver.” The civilian employee was taken to a hospital with serious injuries. He had spent eight years working for the department and he was in his mid-30s.

The details of this checkpoint accident make it all the more gruesome: Can you imagine being hit out of nowhere by someone driving DUI in Burbank and then carried on that person’s hood for several blocks before being dumped on the side of the road and seriously injured?

Sure, the driver of the Dodge might have been arrested and got into serious trouble had he simply gone through the checkpoint and failed a field sobriety test or breathalyzer test. But now if and when he gets rounded up, he may face far more intense charges. Consider just the difference between a standard Burbank DUI misdemeanor, as defined by California Vehicle Code Section 23152(a) or 23152(b), versus an injury DUI, as defined by CVC Section 23153(a) or CVC 23153(b). In one case, the crime is a misdemeanor. In the second case, the crime is a felony. A felony charge can land you a jail sentence of significantly more than a year.

This checkpoint evader could also face a whole battery of additional charges which will complicate his defense and lead to enhanced penalties and fines – and that’s not even beginning to talk about the damage he caused to the poor civilian volunteer of the Kansas City PD.

A Los Angeles criminal defense attorney can help you develop and follow through on the most appropriate defense to the charges against you. The longer you wait after your arrest to get good help, the fewer resources you may have. Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you now. Attorney Michael Kraut is a tremendously experienced lawyer – both on as a prosecutor and defense attorney. Major media, such as KTLA News, The New York Times, Fox News and CNN, often look to Mr. Kraut as an expert commentator regarding Burbank DUI news.

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