Articles Posted in DUI Consequences

Your Pasadena DUI arrest has caused you to rethink a lot of your fundamental ideas about yourself, your future, your relationships, and your ability to succeed in general. kaizen-after-pasadena-dui.jpg

Whether the DUI caused serious bodily injury to someone, or whether it was “just” a misdemeanor charge that landed you in jail overnight, you’re stuck in a precarious situation. To create an effective Pasadena DUI defense, you need the proper mindset. To paraphrase one of Albert Einstein’s most famous quotes, “DUI problems cannot be solved using the same consciousness that created them.”

To reconcile with what drove you to drive DUI in Pasadena, you’re going to need help from outside, trusted sources. You may not be able to “fix things” in a single therapy session. But tested advisors, such as an experienced Pasadena DUI defense lawyer, can help you make serious progress.

Seeing “Self-improvement” Not As a Single Project, But Rather As an Ongoing Process
Consider the Japanese art of “Kaizen” – or “never ending improvement.” This philosophy has helped companies like Toyota become world acclaimed brands, and it’s also helped many civic leaders, scientists and athletes achieve their potential. The gist of kaizen is that, over time, if you direct your energy towards improvement – enjoying the process of improvement for itself – eventually, you will build positive momentum and vault beyond mediocrity to success.

What this means for your Pasadena DUI defense is that, in addition to dealing with the nuts and bolts — e.g. striving to minimize your punishments and reconcile with ancillary costs (such as bumps in your car insurance rates) — make a vow now to work on yourself. Find the right people and mentors. Transform this disheartening experience into one that, in retrospect, you will recall as a pivotal, positive moment in your life.

Step one is to get in touch with your resource-rich, tested Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers. Mr. Kraut attended Harvard Law School, and he has been a guest commentator for the Los Angeles Times, KTLA, and other widely respected media publications.

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Stories about celebrity DUIs in Los Angeles typically focus on the drivers who wreak havoc, hurt people, or say or do dumb things at checkpoints. toth-witherspoon-dui.jpg

But that’s not always the case.

Consider the fascinating DUI arrest of CAA agent, Jim Toth, husband of actress Reese Witherspoon. On April 19th (as this Los Angeles DUI blog and other sources reported), Toth got stopped in Atlanta on suspicion of DUI. Witherspoon, who was in the car, made ridiculous, panicked statements to the officer — including accusing him of not being a “real” police officer – comments which got her arrested for attempting to intervene and disorderly conduct.

She has since profusely apologized.

She recently appeared on Good Morning America to talk about her new independent film, Mud. Host George Stephanopoulos brought up the DUI — and Witherspoon’s less than elegant comments to the officer: “You’ve been under the spotlight your whole adult life, and this doesn’t sound like the Reese Witherspoon we’ve grown to know.” Witherspoon agreed and said “I have no idea what I was saying that night. I saw him arresting my husband, and I literally panicked. And I said all kinds of crazy things. I told him I was pregnant. I am not pregnant. I am so sorry.”

Witherspoon said she particularly regretted the disrespect, because she has police officers in her family, and she works with police every day: “I know better. It’s just unacceptable.”

She also discussed how difficult it was to talk to her young children about the acts. She told Stephanopoulos “we are taking responsibility and doing everything in our power to make it right. You just have to be honest with them [her kids].”

The Oscar winning actress’s weird post-DUI behavior is not atypical.

In fact, lot of people arrested for driving under the influence in Los Angeles behave in ways they never imaged they could behave. Some people leave the scene of accidents — obviously a big no-no. Others lash out at police officers or break down emotionally.

In fact, many of the stories that we discuss here on this Los Angeles DUI blog are “newsy” because they highlight this tendency that DUI drivers often exhibit — to exacerbate problems after the fact. It’s bad enough if you get stopped at a Los Angeles DUI checkpoint and blow a 0.16% BAC on the breath test (twice the limit, per California Vehicle Code Section 23152(b)). It’s worse if you complicate the situation by punching an officer, driving away from the scene of the crime, lying, or engaging in other fishy behavior.

So why do people do this? Why do they metaphorically “throw good money after bad” – i.e., put themselves at risk for enhanced/additional charges for no reason?

This is a Los Angeles DUI blog, not a psychology blog. But undoubtedly our primitive brain is (at least to a degree) responsible. When we see threats in nature (be they saber-tooth tigers or police cars with flashing red lights), we engage in defensive behaviors: freeze, flight, or fight.

• The “freeze” behavior corresponds to a driver’s failing to respond to officer questions.
• The “flight” response corresponds to hit and runs or attempts to flee Los Angeles DUI checkpoints.
• The “fight” behavior corresponds to the lashing out – ranging from Witherspoon’s verbal misbehavior in Atlanta to other suspects’ attempts to fight with officers.

To unpack what’s happened to you and figure out the best way forward, connect with a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers. Mr. Kraut is an experienced and battle-tested lawyer who worked work many years as prosecutor (Senior Deputy District Attorney for LA).

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Perhaps you wrote off your first DUI in Burbank as “bad luck” or “bad karma” or whatever. tim-morrow-8-DUI-brurbank.jpg

But now that you’re facing your second charge, you’re deeply worried that prosecutors will not take kindly to the recidivism. You are right to fear that. The Southern California justice system does not like it when drivers commit repeat crimes.

In that context, it’s astonishing when people like 43-year-old Timothy Morrow wind up with eight DUI convictions over a lifetime. That’s right: EIGHT DUIs.

The self-employed carpenter collected his first DUI at the age of 17. After that, he got arrested twice for boating under the influence and nine other times for driving while intoxicated. A local state attorney, Ben Dillon, noted “it defies the logic that an individual that has been arrested for DUI 10 times continues to drink alcohol…it’s clear this defendant just doesn’t get it and doesn’t care.”

A judge just handed down a 13 year prison sentence to Morrow, despite the fact that he admitted to the court that he had been abused as a child: “I have a 12-year-old son that I want to see grow up. I made a mistake, I apologize.” Circuit Judge, Brian Hughes, appreciated the confession but handed down the 13 year jail sentence anyway: “you said you made a mistake … you made mistake after mistake after mistake, for 25 years. You are still somebody that keeps making the same mistake.”

Do recidivists Burbank DUI offenders deserve a second chance? How about a third? A fourth? A fifth? Where does it end?

As the inimitable Will Rogers once said, “If you find yourself in a hole, stop digging.”

That’s sensible advice, but it’s often hard to follow in practice. It’s easy to look at somebody else who keeps “making the same mistake” and judging that person for being unable to get it together. But if you have a problem — be it a problem managing your relationship with alcohol or a deep seated psychological issue — you may not be able to figure out how to “stop digging” and approach your situation from a new and fresh vantage.

Fortunately, with the right help, Burbank DUI defendants like you can often not just rebound from serious charges but also restructure their lives, their careers and their finances in positive ways.

Let the team here at the Kraut Criminal & DUI Lawyers help you with your Burbank DUI defense. Attorney Kraut is an experienced, trusted criminal defense lawyer. As an ex-prosecutor, he maintains excellent relationships with other prosecutors, judges and police officers, and he feels a great duty both to provide defendants with excellent counsel and to protect the public good.

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If you got stopped at a DUI checkpoint in Pasadena, hopefully you had a better excuse than 50-year-old Steve Gosa, of Buford, Georgia. According to local reports from the Gwinnett County Police, Gosa awoke in the middle of the night on April 15 with a hankering for Waffle House.

He cruised passed a sobriety checkpoint on Braselton Highway, going 70 miles per hour in a 45 miles per hour zone — “then crossed over into the center lane, getting half the vehicle in the other lane” — according to the local police report.

An officer unsurprisingly took off after him and chased him into the parking lot of a local Publix Grocery Store, on the corner of Braselton Highway and Hamilton Mill Road.

One of the big symptoms of DUI in Pasadena is the “odor of alcohol,” and that’s exactly what this officer first noted about Gosa. Gosa admitted that he was heading to Waffle House because he woke up really hungry. He did not admit to consuming any alcohol.

Obviously, Waffle House’s waffles (and the other food there) is quite yummy. It’s certainly understandable why someone would want to head down to get waffles that have been smothered, covered, slathered, etc. Also, Waffle has a jukebox that plays some really fun, kitschy songs, extolling the glories of waffles.

Nevertheless, no matter how hungry you are, you are not allowed to drive DUI in Pasadena or anywhere else. Not to a Waffle House. Not to an IHOP. Not to any place at all.

Gosa surely understood this, after he failed his field sobriety test and got booked on DUI charges and a charge of an improper lane change. He made his $2074 bond that day, but he undoubtedly has a long road to face, legally speaking.

So what lessons does this Waffle House drama hold for you, if you’ve likewise been tagged for driving under the influence in Pasadena (or elsewhere)?

First of all, appreciate that, if you said something dumb or untoward to a police officer, you’re not the first person to make such an error. Strive to be compassionate with yourself and avoid beating yourself up too much for what happened.

Second of all, understand that your misjudgment has landed you in legal hot water. You may face charges per California Vehicle Code Section 23152 or even 23153 (the CVC for injury DUI).

Lastly, know that you CAN start taking responsibility and being strategic about how you approach your case. An astute, well-formed defense can help you get out of trouble – or at least minimize your punishments. Get in touch with well-established Los Angeles DUI defense attorney, Michael Kraut, today to explore your options and create an effective defense.

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Was your Los Angeles DUI this bad?bar-stool-DUI.jpg

After consuming 15 beers, 28-year-old Kile Wygle, of Newark, Ohio, hopped onto a motorized bar stool that he had made himself out of a deconstructed lawnmower.

Unsurprisingly, he crashed.

Wygle’s friend called 911 and told police “I got a friend who wrecked a bar stool.” The dispatcher at first was confused and thought Wygle had hit his head on a bar. The friend said, “no, he was riding the bar stool … a motorized bar stool.”

Wygle had to go to the hospital for minor injuries. After the crash, he told a reporter “I drank quite a bit after I wrecked.” He also told police that his homemade contraption could reach speeds of up to 38 miles per hour.

Whether he overestimated his vehicle’s capacity or not, his statement indicates that he knew that the stool could be dangerous. Had he ridden it on an open road, he could have hurt other people.

Unfortunately, when you’re young — and trying to impress friends with a homemade, motorized gizmo — safety may not be at the top on your list of concerns. But you can still land a serious DUI charge, even if what you’re driving does not technically look like a car or truck.

Most Los Angeles DUI charges are relatively “boring” — they involve stops at checkpoints and commonplace violations of California Vehicle Code Sections 23152 or 23153. Perhaps your situation was more “exotic” than the standard DUI. Maybe you were at a UCLA or USC frat party. Some “new wild friends” got you to drive up to the Hollywood sign, but you drove your car into the woods and got stuck on a hiking trail – something like that.

No matter how ridiculous (or pedestrian) your charges are, you need two forms of clarity.

#1. Get Clear on Where You Are Now
What charges do you face? What might your punishments be? What options you have to deal with your legal crisis? etc.

#1. Get Clear on Your Ideal Outcome
Given the realities of your situation — from a best case scenario — what could you expect? How can you make that positive outcome occur?

While you’re certainly free to try to figure out the answers to these questions on your own, that’s not a particularly savvy strategy. Consider connecting with a Los Angeles DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor who retains very good relationships with his former prosecutorial colleagues… as well as with judges, police officers and other members of the Southern California legal community.

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As our regular Glendale DUI blog readers know, the system by which DUI suspects get pulled over, investigated, arrested, and prosecuted is – shall we say – less than perfect. dui-glendale-software-problem.jpg

We all collectively assume that the situation isn’t “that” out of control. Sure, perhaps breathalyzer tests aren’t perfectly calibrated. Perhaps the occasional Glendale DUI suspect suffers violations of his or her Constitutional rights. But, by and large, the system works well.

Maybe we need to reconsider such assumptions!

Why?

For evidence, look to our sister state of Arizona. An error at the Scottsdale crime lab in Scottsdale Arizona may have put hundreds of DUI cases (stretching back to 2009) in jeopardy of being overturned. You read that right: hundreds.

According to a local attorney, Craig Rosenstein of the Rosenstein Law Group, the software that measures the blood alcohol test of suspected Scottsdale DUI drivers is glitchy – in a big way.

This attorney claims that this glitch has led to being people being wrongfully convicted, and many more could be wrongfully arrested/convicted unless the problem gets resolved.

The local police department, for now, is standing by the software and its crime lab. A spokesperson told reporters “We have met or exceeded the rigorous standards set by the American Society of Crime Lab Detectors.”

The Scottsdale Police will soon confront the accusations in Superior Court.

Do you believe that your Glendale DUI was a mistake? If so, you might feel deep pangs of sympathy for Christy Allen Lee, a single mom of two, who was wrongfully arrested for DUI. Lee told reporters “[the night of the arrest, I was] talking business, shared one bottle of sake, and I didn’t drive until four hours later.”

But when the police pulled her over, her blood test came back showing she had a BAC of nearly twice the legal limit (both Scottsdale and Glendale DUI legal limits are 0.08% BAC).

Lee recounted her harrowing ordeal: “I sat up all night panicking. Here I am, single mom of two, barely getting by as it is, now I’m charged with something I didn’t do. Pretty terrifying.” Not only did Lee spend thousands of dollars out of pocket fighting the charges, but she also lost her job.

Of course, it’s impossible to weigh in on this situation without closely examining the evidence (pro and con) regarding the alleged glitch. But the story does lead into a topic we’ve addressed on this Glendale DUI blog multiple times. And that’s that defendants often put way more faith in the so-called “objective” evidence of their DUIs than the evidence merits. (We’ve spilled a tremendous amount of virtual ink discussing the limitations of breathalyzer tests, for instance.)

Unpacking the truth about your Glendale DUI

For help understanding what really happened during your Glendale DUI arrest, get in touch with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today. Mr. Kraut is not only an ex-prosecutor (he served 14 plus years as a Senior Deputy District Attorney), but he is also a widely respected figure in the Los Angeles criminal defense community, and he has appeared as a guest authority on DUI for the Los Angeles Times, KTLA News, and the New York Times.

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Getting caught for driving DUI in Los Angeles is no fun. Barbie-Car-dui-los-angeles.jpg

But it is somewhat amusing – or at least educational – to read about “weird DUI stories.” Here are two more stories culled from a Funny or Die article (“the Six Weirdest DUI Arrests Ever Made,” published October 5, 2010)

Weird DUI #3: Driving under the influence in a wheelchair nets British man a DUI under obscure Victorian Law
As you probably recall from our last post, police in England (at least) will ding you for DUI, even if you’re driving slower than a pedestrian walks in a souped-up electrical Barbie car.

Our stern friends across the pond also saw fit to charge a disabled man from Darlington with “being drunk in charge of a carriage,” after a local authority saw him joyriding on his electric wheelchair, towing his friend behind him.

Nigel Drummond had been “racing” through the streets of his local town at 8 miles per hour, when a surveillance camera saw him weaving all over the road. Although scooters like his do not officially count as cars, an out of control or weaving vehicle is still a hazard to other vehicles and pedestrians. A local Darlington police officer, Kevin Salter, said of Drummond “he was very drunk.” His fine was nominal – 65 pounds and a six month conditional discharge.

Weird DUI #4: A man named Donald Duck arrested for DUI.

You’re no doubt familiar with the most famous Los Angeles DUI cases — e.g. Nick Nolte’s, Lindsay Lohan’s, Mel Gibson’s, Jim Toth’s, etc. But did you know that cartoon characters apparently can also get arrested for driving under the influence in Los Angeles (and elsewhere)?

Well, not quite.

But a recidivist offender, 59-year-old Donald Duck, actually did get arrested for DUI out in Massillon. Police say Duck was in a drive-through pizza line, when he rammed the car ahead of him multiple times. Police arrested Duck not only for DUI but also for possessing marijuana and for offenses related to drug paraphernalia.

Donald Duck, the man, obviously has one thing in common with Donald Duck, the cartoon character – a wicked temper.

Putting your Los Angeles DUI arrest in context
The Los Angeles criminal defense team here at the Kraut Criminal & DUI Lawyers is standing by to help you appreciate the nature of your charges and put together an appropriate, systematic defense to them. Mr. Kraut is not only a widely respected authority on the topic of Los Angeles DUI – his commentary has been featured in the Los Angeles Time, KTLA, Fox News, CNN and other places – but he has also won the respect of the local judges and prosecutors. Mr. Kraut is a former prosecutor himself – he served nearly decade and a half as a Senior Deputy Sixth District Attorney.

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Pasadena DUI arrests can get dramatic and colorful. But you probably think you can “tease apart” fact from fiction. Well, let’s test your mettle. Here are 10 DUI items – 5 of which are made up, 5 of which actually happened. What’s true? What’s made up? (Answers are at the bottom).dolphin-DUI-los-angeles.jpg

Good luck!

1. Waxwing birds became wickedly intoxicated, after they ate fermented Scandinavian berries. Dozens of these perished as they “flew DUI” into local windows.

2. Two men in England broke into a dolphin sanctuary and wrestled down a dolphin and road it around while under the influence of alcohol. Local police in Kent arrested them and charged them with the local equivalent of DUI.

3. A hipster unicyclist in Brooklyn intentionally consumed an entire bottle of Vodka before performing a street act on his unicycle on a busy street. Several police officers watched him do this. Instead of arresting him, they clapped and cheered with the other passersby.

4. A man commandeered a Christmas float while under the influence of alcohol. He smashed into a second float, battled officers, and hit another float before police apprehended and arrested him. In addition to DUI, he got gobsmacked with three dozen criminal charges.

5. As part of a hazing prank, 12 freshman rushes at a University of Mississippi frat crammed into a Dodge Dart. Police saw the swerving vehicle on a local campus road and pulled it over. The unlucky freshman driver had a BAC of 0.38% — over 4.5 times the legal limit for DUI in Pasadena.

6. In Uruguay, it’s legal to drive under the influence of alcohol. In several other countries, the offence is a capital crime. Unlike here in Southern California, where a Pasadena DUI without injury is generally a misdemeanor, in some parts of the world, you can literally be put to death for DUI driving.

7. Nearly 20% of all currently serving members of the United States Congress and Senate have, at one point in their lives, been charged with driving under the influence.

8. The term “Three sheets to the wind” was coined by Teddy Roosevelt. When the ex-President toured the Amazonian jungle, he witnessed native tribesmen play a drinking game with three colorful sheets. The rest is history.

9. In Virginia beach, Virginia, if you let someone else drive your car while that person is under the influence, you can get a DUI charge, too, even if you were just standing and watching!

10. For reasons that scientists have yet to understand, lefties are far less likely than righties to get arrested for DUI, even accounting for the fact that there are fewer lefties in the population.

Need help with your Pasadena DUI defense? If so, connect with the Kraut Criminal & DUI Lawyers today. Attorney Kraut is an ex-prosecutor and Harvard Law School educated attorney with a fantastic track record for helping clients like you put up a robust defense.

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Hopefully, you’ve taken our first Beverly Hills DUI “true or false” quiz. If not, skip back to the previous post to do so. Today, we’re going to test your knowledge of DUI trivia yet again by giving you another 11 scenarios and letting you guess which ones are true and which are false.goat-dui-defense-attorney.jpg

1. Police have arrested people for driving under the influence:

• on motor scooters (driving at 6 miles per hour);
• on pink electrical Barbie cars (driving 3 miles per hour);
• on skateboards;
• on lawnmowers;
• on adult tricycles;
• and on tiny pocket bikes!

2. After consuming a dozen beers, an Amish man “got behind the wheel” of a horse-drawn buggy and promptly got arrested for driving while intoxicated. He apologized, calling himself a “bad amish.”

3. During a party at Kappa Delta Sorority in Missouri, a 20-year-old woman consumed 20 “non-alcoholic” beers for her birthday and then got behind the wheel of a car. She was pulled over by police and tested to have a BAC of 0.06% — a BAC spike driven entirely by the small amounts of alcohol in the supposedly “non-alcoholic” beverages! (For reference, the legal limit for Beverly Hills DUI is 0.08% BAC, per CVC 23152.)

4. Out in Indiana, a man who was severely under the influence of alcohol hijacked a plane to show off to his girlfriend. He was so out of it that he missed the runway and had to make an emergency landing in a field of soybeans. Unsurprisingly, he was arrested.

5. One of the earliest Barnum & Bailey Circus attractions featured a stuntman, whose act involved drinking a flaming bottle of rum while riding a lion bareback. During one show, the stuntman caught the lion’s mane on fire, prompting the big cat to throw him off its back, killing him in front of a packed house. Curious fact: The stuntman was a former police officer!

6. Like something out of “A Fish Called Wanda,” a man hopped into a steamroller while significantly under the influence of alcohol. He then proceeded to ram the steamroller into a nearby car, in an attempt to flatten it. Police stopped him and arrested him for DUI.

7. The highest blood alcohol concentration for anyone ever stopped for a DUI in Southern California (or elsewhere) was 1.67% BAC. The woman lapsed into coma, but she miraculously recovered from a BAC level more than three times what’s normally considered a lethal BAC level.

8. Out in Spain, a disabled man who had a yen to visit a local house of prostitution drove his mechanical bed down the streets, while under the influence. Police stopped and arrested him.

9. If you bring any amount of alcohol into the state of Utah — unless you are a licensed dealer of said alcohol — you can be arrested and charged with a crime.

10. The winner of the 1994 Iditarod Dog Sled Race in Alaska had his championship crown stripped, when race officials discovered that he had been drinking whisky while driving his dogs through the finish line.

11. In Soviet Russia, Joseph Stalin’s KGB ran a secret program that encouraged agents to drink vodka and then drive around the streets of big cities, like Moscow and Leningrad, to terrify the populace and make people crave the “law and order” of the regime.

Hopefully you enjoyed these DUI curiosities. If you need assistance dealing with a recent Beverly Hills DUI charge, please connect with the experienced, highly capable team here at the Kraut Criminal & DUI Lawyers. Mr. Kraut is a former Senior Deputy District Attorney for Los Angeles (a high level prosecutor) who worked in that capacity 14 plus years. He and his team can help you construct a vigorous defense.

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Thirty-two-year old comedian Kevin Hart (“Laugh at My Pain”) was arrested on suspicion of Los Angeles DUI on the 101 last Sunday morning. Kevin%20Hart%20DUI-los-angeles.jpg

According to local reports, a CHP officer pulled over Hart’s black Mercedes, after the officer saw Hart driving at over 90 miles per hour – nearly smashing into a tanker truck in the process.

Mr. Hart was put through the paces of a Los Angeles field sobriety test, which he allegedly failed. Police arrested him for misdemeanor DUI, and he posted a $5,000 bond that day. A female passenger in the Mercedes went home in a taxi cab. Hart took to Twitter the day after his arrest with a mea culpa: “this is a wakeup call for me… I have to be smarter & last night I wasn’t. Everything happens for a reason.”

Hart’s arrest prompted snarky responses from fellow comedians, including Damon Wayans. The actor has appeared in multiple movies as well as the TV show, Undeclared.

Driving DUI in Los Angeles

While Hart’s attempt to “come clean” and express regret for what happened is in many ways admirable, prosecutors take Los Angles DUI charges deadly seriously. After all, driving under the influence increases your risk of getting into injury crashes and causing substantial damage to public and private property. The city and state both have great interest in reducing DUI incidences, and violators can be punished with a spectrum of unpleasantries, including jail time, fines, fees, miscellaneous court costs, mandatory interlock ignition device installation, and harsh probation terms. Those punishments don’t even touch on the other scary long-term implications.

A DUI conviction can make any subsequent criminal act much more “punishable” – prosecutors like to bring the hammer down harder on recidivist offenders. It can also spike your insurance rates and damage and disrupt relationships.

The road back may not be easy, simple, or fast. But there are correct strategic paths and less effective ones.

The team here at the Kraut Criminal & DUI Lawyers is extremely experienced at helping drivers like you understand and come to terms with charges and make intelligent decisions going forward. Get in touch with the Harvard Law School educated ex-prosecutor Kraut today for insightful assistance with your DUI in Los Angeles.

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