Articles Posted in DUI Consequences

The Wednesday before last, the Supreme Court issued a big decision in a DUI case that Los Angeles defendants should know about. scotus-dui-los-angeles-attorney.jpg

Justices ruled 8-1 in favor of a Missouri man, Tyler McNeely, concluding that the police should have obtained a search warrant prior to ordering a DUI blood test on him. Justice Clarence Thomas was the sole Justice to rule that a warrantless blood test would have been Constitutional.

The State of Missouri – and the Obama administration – had asked SCOTUS to endorse a sweeping improvement of rule to allow such warrantless DUI blood tests.

Background on the case
As we reported several months ago, McNeely got arrested in Cape Girardeau County, when a local trooper saw his car swerving and speeding all over the road. McNeely already had two DUI convictions, and he refused to take a breath test.

He also bombed out on the field sobriety tests. If you recently got arrested for DUI in Los Angeles yourself, you no doubt are familiar with what he likely went through – the finger to the nose test, the horizontal gaze nystagmus test, the stand on one leg test, count backwards from 100 by 3’s test, etc.

Corporal Mark Winder of Missouri’s State Highway Patrol certainly had enough evidence to ask for a warrant for a blood test. Instead, he took the defendant to a nearby hospital, where a technician took blood for the test – all while McNeely was handcuffed. The results of the blood test were pretty substantial. McNeely’s blood had 0.154% BAC, nearly twice the legal limit for driving under the influence in Los Angeles, as defined as by California’s Vehicle Code Section 23152. Both a Missouri lower court and the Missouri State Supreme Court tossed the blood test results, because they said they violated McNeely’s Constitutional rights against unreasonable search and seizure.

According to the Missouri court, unless delaying could destroy critical evidence (or cause a threat to someone’s life), the police need to get warrants in such cases. In the latest SCOTUS ruling, the eight Justices who penned the majority opinion did not give guidance about when police should (or should not) seek warrants. Justice Anthony Kennedy – writing separately – said that a future case may give the Court a chance to get more in depth.

What does the SCOTUS ruling – and other recent, important DUI law fluctuations – mean for your case?

The SCOTUS situation highlights the fluidity of local and national DUI law. That’s why it’s important to work with an experienced, up-to-speed, results-proven attorney to make sense of what’s happened to you and to build an appropriate defense.

The team here at the Kraut Criminal & DUI Lawyers is ready to help you. Attorney Kraut is a very experienced, highly respected local lawyer who attended Harvard Law School and who worked for over 14 years as a prosecutor before becoming a Los Angeles DUI defense lawyer.

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As someone who’s recently been arrested for driving under the influence in Burbank (or somewhere else in the Southland), you may be facing your second or third (or worse!) DUI charge within 10 years. John-Harvey-Hoots-los-angeles-dui.jpg

The California justice system is not exactly “soft” on recidivists.

As you probably already know, a Burbank DUI conviction – even a misdemeanor one, in which no one got hurt and no other crimes were committed – can lead to jail time, alcohol school, a year of license suspension, mandatory IID installation in your car or truck, humiliation, insurance problems, fines and fees, disruption to your life, and a criminal record.

As you rack up more and more Burbank DUIs (within a 10-year period), prosecutors can choose from a more diverse and brutal catalogue of punishments, including enhanced fines and fees, more jail time, longer probation, longer alcohol school, longer license suspension, and even special punishments.

To illustrate, let’s say you just got your third DUI charge. Under normal circumstances, you probably would only face a misdemeanor – perhaps a few days in jail, fines and a suspension. But because this is your third time, prosecutors could turn that misdemeanor into a felony charge. Now, if you’re convicted, you could face a year behind bars as well as the prospect of being forever stripped of key rights, such as your voting rights.

Convicted felons have a much harder lot in life – trouble finding employment, getting leases approved, and securing housing.

Consider all those consequences in light of a jaw-dropping story out of Billings, Montana.

A Yellowstone County District Court just convicted 54-year-old John Harvey Hoots of his 13th DUI. You read that right. That’s not a typo. Hoots was arrested on July 31, 2012, just six weeks after he had gotten out of prison, after serving a decade for his 12th DUI conviction.

Hoot testified that he was trying to escape from an angry neighbor, when police arrested him for DUI. According to multiple witnesses, Daniel Belmarez called police at 7 in the evening to say that Hoots had “dropped his pants to the ground and exposed himself …a second call to 911 was made about 15 minutes later by Belmarez’s mother, who said Hoots had returned and made a gesture indicating he had a gun.”

The police showed up, just as Hoots hopped in a pickup truck to take off. Police stopped him and arrested him, after discovering that he had a BAC of 0.20%. For those of you keeping score, that’s precisely 2.5 times the Burbank DUI legal limit, per California Vehicle Code Section 23152.

Hoots defense rested on “he said, she said” argument. Hoots said that Belmarez threatened him with a gun and that he had no choice but to flee in his truck. Hoots’ attorney asked him: “did you believe that if you didn’t leave their [presence] that Mr. Belmarez would cause you serious bodily injury and kill you?” Hoots replied that he did and that he was “very scared.”

Prosecutors rejoined that Hoot’s claim had no credibility. Even though evidence of his prior DUI convictions – the checkered criminal history – was not allowed, the jury still didn’t buy his story.

Obviously, we can’t really comment about the strategies involved, without delving into the details of the case. But the case illustrates something very important: To build an effective Burbank DUI defense, you need to be credible. Avoid “making stuff up,” not just out of fear of perjury but also out of respect for the law and a need for good ethics.

If you strategically approach your case the right way, you might be surprised by the amount of leniency the judge (or jury) might give you.

Of course, it takes skill and experience to build a strategic case. Fortunately, the Burbank DUI defense attorneys at the Kraut Criminal & DUI Lawyers have that experience, and they are standing by to take your call and help you feel more prepared about what’s going to happen to you next.

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Everyone who cares about the public good wants to stop Beverly Hills DUI recidivist drivers from getting behind the wheel while under the influence and harming others and/or themselves. new-dui-law.jpg

The big question is: How do we do that? How do we make our system more just and more equitable at the same time?

This debate is obviously not just a local concern. Across the nation, states and cities are wrestling with questions like these – trying to balance needs to keep roads safe and needs to protect individual freedom.

According to an independent analysis, 40,000 people get arrested for DUI in the state of Washington, annually. Most are first time offenders. But 13% are recidivists. As followers of this Beverly Hills DUI blog know, recidivist offenders can be subjected to ratcheted up punishments, such as longer time behind bars, more alcohol school, stricter probation terms, longer license suspension terms, and on and on.

Dan Satterberg, a prosecutor for King County, hopes that a new DUI bill, HB 2030, will reduce the number of DUI recidivists. He said: “I want to focus on repeat offenders, not try for everything for everybody.”

HB 2030 would create mandatory jail sentences for second and third offenders. A recidivist can get out of serving a six month jail sentence (on second offence) if he wears a special sobriety bracelet and enters a program that would immediately alert law enforcement if he consumes alcohol.

Third offenders would be hit with a year of jail sentence and given an ID card that would prevent them from buying or being served alcohol beverages for a decade. It would also impose a mandatory Interlock Ignition Device (IID) installation after the arrest, but before the conviction.

Washington State representative Roger Goodman of Kirkland heard concerns from critics that HD 2030 may be overly harsh on first offenders. The costs associated are also high, but Goodman says those costs will be funded not by taxpayers but by offenders.

Without looking at the details, what’s nice (at least from a theoretical point of view) is that this law would give offenders choice: jail time vs. wearing a bracelet that can detect alcohol through the skin.

According to Goodman, increased prison time is not the answer. Satterberg spelled out this change of paradigm in DUI prevention/punishment: “The thing now that’s most promising…is that people are talking about DUI because, frankly, the answer is not new laws but in the attitude.”

The ACLU has expressed dubiousness over the mandatory IID installation. The ACLU said that a judge should have probable cause first. Goodman said he took the ACLU’s consideration to heart and said he and fellow legislators would try to rewrite the law before April 28 to address those concerns.

As someone who has been recently arrested for driving under the influence in Beverly Hills, you need insightful legal guidance. Attorney Michael Kraut is a Harvard Law School educated ex-prosecutor with the talent, processes, knowledge and dedication to get you good results. Connect with Mr. Kraut’s Beverly Hills DUI defense team now to set up your free case consultation.

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We’ve covered some pretty hairy and scary Pasadena DUI mug shots on this blog. cat-cora-video-dui-pasadena-defense-attorney.jpg

Even if you’ve been hiding under a rock over the past decade, you likely still remember Nick Nolte’s grizzled DUI visage from several years ago. He looked like he had just gotten out of bed.

On the other end of the spectrum, you probably also remember Cat Cora’s humdinger of a mug shot from last year. The host of Iron Chef and “Around the World in 80 Plates” got stopped for DUI in Santa Barbara last July, after she bumped another vehicle from behind.

Her unusually gorgeous mug shot likely made the folks at TMZ literally dizzy with excitement over how many website hits they would get. Even though Cora said she only consumed three beers before she got behind the wheel, breathalyzer test results found her BAC to be a whopping 0.19%. Just for comparison: The legal limit for Pasadena DUI is 0.08% BAC, as defined by California Vehicle Code Section 23152 (b).

Maybe Cora miscounted her beers. Or maybe her breathalyzer test had been off.

In any event, she later apologized for what happened in a statement: “I deeply regret my decision to drive that evening, after my designated driver became unavailable. I learned a very important lesson from this experience and take full accountability for my actions.”

That sober, reflective Cora was very different from the Cora that surfaced recently in a video taken right after the crash. The people inside the car that Cora hit shot some crazy footage of Cora, who apparently glibly dismissed their request for insurance information. “Just because I bumped your car?” she asked, indignantly.

She didn’t stop there:

“I’m being videotaped by two nerds who don’t want to go have dinner together … do something exciting with their lives … really … wow … sad.”

This kind of over-the-top reaction is surprisingly common in DUI cases in Pasadena and elsewhere. It’s not that offenders want to get into more trouble or hassle people. It’s that they are scared, confused, and emotionally ginned up. If, like Cora, you said or did “bad things” after your stop, do the right thing now and start researching effective legal help as soon as you can.

Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers is here to help you gather yourself, make sense of the charges, and resolve your stresses, anxieties, and concerns. Get in touch with Mr. Kraut and his responsible Pasadena DUI legal defense team today for much needed peace of mind.

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At first blush, many of the Glendale DUI stories that we’ve recently reported on sound almost made up – as if they were something ripped from the pages of The Onion (Jim Anchower’s “The Cruise” column, perhaps?) long-beach-dui-stop-arrest-defense.jpg

But sometimes real life is actually more ridiculous than satire.

Case in point: According to the Sandusky Register, a 34-year-old man, Scott Sims, is in big trouble not just for allegedly driving under the influence but also for ignoring a police officer’s order to stop…and instead rolling up to Burger King to order a hearty, greasy meal.

The officer told reporters: “the operator was observed to have his window down and to be placing an order with the restaurant…I ordered the subject two times over my PA system to pull out of the drive-thru line.” Eventually, a Perkins Township officer flagged Sims down. The man confessed that he was “f**ked up” and agreed that “I should have just rode my bike to Burger King, but I was too hungry.”

Sims refused to take a breathalyzer test. He was arrested on multiple charges, including operating a vehicle under the influence, speeding, violating the open container law, and driving under suspension.

Not very good news for Sims.

In the abstract, it’s easy to snicker at this situation – to make fun of what happened. However, if you recently got arrested for driving under the influence in Glendale, you’re probably more sympathetic.

Why?

Because you know – from personal experience – what that incredible stress and heightened emotional state feels like. Even rational, professional people often make grievously bad decisions during and after DUI stops because of the animal-like emotional state that overtakes them.

Consider, for instance, the video footage that just emerged of Cat Cora’s DUI behavior. The Around the World in 80 Plates hostess called the people whom she rear-ended – while DUI in Santa Barbara with a 0.19% BAC! – “two nerds.”

Cora and Sims’ strange responses to their DUIs make more sense when you look at their stories in context. If you peruse the archives of our Glendale DUI blog, you will notice that story after story features a similar plotline:

1. Suspect does something stupid (like drives DUI);
2. Suspect compounds that stupidity by evading arrest, commiting a hit and run, saying dumb things to officers, and so on and so forth.

The question is: Now that you are sober and contemplative, what can you do? How can you respond smartly to your Glendale DUI charges?

Every situation is different, and the team here at the Kraut Criminal & DUI Lawyers is prepared to help you approach your situation systematically and alertly. Get in touch with ex-Senior Deputy District Attorney Kraut and his team now to schedule your free consultation.

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Although this blog focuses on Long Beach DUI cases, we’ve been covering a surprisingly sizable number of cases out of the Big Sky State of Montana recently. long-beach-dui-trumaine.jpg

To wit, The Associated Press is reporting that Trumaine Johnson, a cornerback with the St. Louis Rams, got arrested for a misdemeanor DUI, after police saw him driving without his headlights.

Like many Long Beach DUI defendants do, he refused a breath test. Police booked him into jail. He later secured his released on a $700 bond. The former University of Montana star had a great first year with the Rams, racking up 31 tackles and 2 interceptions as a first year player. Not bad.

Obviously, without knowing any more details, we can only speculate on what happened — why he got the DUI. Perhaps, for instance, he would have passed the breath test had he chosen to take it. As we’ve reported in multiple posts, DUI breath tests are surprisingly unreliable – in both directions. For instance, if you exhale very lightly into a machine — or if the machine isn’t calibrated — you can blow a negative, when really you’re technically positive for Long Beach DUI. On the other hand, if you blow a very deep breath — or if you’re on an intense ketogenic diet, or if you have diabetes — you can easily blow a false positive.

It’s easy to get lost in technical details.

To that end, consider investigating your Long Beach DUI charges with the help of a qualified, respected attorney. You might also aim to focus on the deeper reasons for your Long Beach DUI stop. Perhaps the police treated you unfairly. Perhaps you weren’t even under the influence – or just barely under the influence.

In an ideal world, you want not only to beat the charges but also to prevent similarly embarrassing/danger situations from happening again.

To protect yourself (and others), you need to be very honest with yourself (and with your attorney) about what exactly happened, why, and what you can do to avoid trouble in the future.

These questions can touch on deep, troubling topics.

That’s why the most respected Long Beach DUI defense attorneys are excellent listeners – they often need to do both the “nuts and bolts” work of executing a defense and the “softer” work of counseling clients to help them become safer, more conscientious drivers.

For help managing your Long Beach DUI case, connect with the astute, thorough team at the Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is a former prosecutor (Senior Deputy District Attorney) who has tremendous experience on both sides of high level DUI cases.

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A first offense for driving under the influence in Burbank is punishable as a misdemeanor (or felony if you hurt someone). But a first time DUI in Wisconsin is just a citation. gallardo-dui-los-angeles.jpg

That’s probably very good news to Yovani Gallardo, a pitcher for Milwaukee Brewers who was busted last Tuesday on a Milwaukee highway near Miller Park. His BAC – at least according to a breathalyzer test – was a monumental 0.22%.

To put that in perspective (long time readers know this), that’s nearly thrice the legal limit for DUI in Burbank of 0.08%. A local sheriff said that Gallardo was swerving between lanes on the freeway. He was going substantially under the 55 mile per hour speed limit (around 40 miles per hour), which can be a “red flag” for police officers. While some DUI drivers speed, others go way too slowly – either approach can be extremely dangerous and cause accidents.

The Brewers released a statement re: Gallardo’s arrest: “we have expressed our disappointment to him and he understands that behavior of this nature is of great concern to everyone in the organization. Yovani has acknowledged the seriousness of this incident and is taking full accountability for his actions.”

The 16-game winner (from 2012) lost a brutal battle to St. Louis just three days before his arrest. His ERA in 2013 stands at an unfortunate 6.61. Gallardo is not the only Brewer who’s struggling. The team as a whole racked up 32 consecutive innings without scoring before their Tuesday game. They have the worst record in the Central Division. Gallardo will have to pay fines for unsafe driving and DUI driving. But certainly worst things could have happened.

So how do you defend against a Burbank DUI charge?

The answer obviously depends hugely on the minute details of your arrest.

In some cases, it might make sense to challenge the breathalyzer test results. For instance, say you blew 0.10 or 0.09% – i.e. you were just above the cusp for DUI. If you’re also diabetic or on a strange diet that could have affected your breath ketone levels (ketones are chemicals that can interfere with breath tests), you and your Burbank DUI defense lawyer might think long and hard about whether to challenge the results.

On the other hand, if, like Gallardo, you blew 0.22% BAC, you’re going to have a much harder time breaking down the breath test (unless you can find some flagrant problem with it, such as a major calibration error or police incompetence/unconstitutional move). That doesn’t mean that “all hope is lost.” But it does mean that you need to calibrate your defense sensitively to the specifics of your arrest, your criminal background and other “you specific” factors.

Fortunately, a thorough, highly knowledgeable Burbank DUI defense attorney with the Kraut Criminal & DUI Lawyers can help you. Get in touch with Attorney Michael Kraut and his team right now to get started on the path to rehabilitation and getting your life back.

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Getting stopped and arrested for driving under the influence in Long Beach (or anywhere else) can have profound, long-lasting implications, even if you manage to reduce your charges.josiah-turner-dui-long-beach.jpg

Consider, for instance, the highly publicized ordeal of Josiah Turner.

The former guard for Arizona just received a two-day jail sentence in connection with an April 26, 2012 DUI arrest. The ex-Wildcat managed to get six other charges dismissed in his plea arrangement, but the court still fined him $1,529 and told him to go through a MADD program and alcohol evaluation.

Turner had been a solid performer for the Cats – he averaged nearly 7 points a game along with 3.1 rebounds and 2.4 assists before he transferred to SMU. After college, he pursued professional basketball both in Hungary and in Canada. He lost his slot on the Halifax Rainmen in mid-season and declared for the NBA draft last week.

A Justice of the Peace, Anne Segal, told the basketball star, “I hope this [the DUI and plea arrangement] was the lowest point in your life.”

If you’ve recently been arrested – or if you’re close to someone who’s been arrested for Long Beach DUI recently – you can probably relate to the sentiment.

Turner’s attorney, Jeffery Rogers, spoke highly of the plea agreement: “it’s pretty much what you could expect in this case…what’s important is that Josiah got what everyone else would get. There is no special treatment.”

The 20-year-old (he was 19 when he was arrested) got pulled over for going through a red light at around 1.30 in the morning in his 1993 Infiniti sedan. Police saw that Turner had no license plate on his car, and he didn’t have a driver’s license, insurance, or registration with him. In addition to charges for blowing through the red light, failing to have a driver’s license, and DUI (for having BAC of over 0.08%), he was charged with driving a vehicle while under the influence and being under 21 with alcohol in his system.

According to sports reports, Turner has had a challenging last few years. He was one of the top U of A basketball recruits in 2011, but he got suspended twice for unpublished reasons. The second suspension happened during the crucial Pac-12 Tournament. His lawyer summed up the situation “he is an extreme talent…I just hope he learned a lesson and uses this as a building block.”

Often, a Long Beach DUI charge is the tip of a much larger iceberg – a sign of more deeply rooted problems. To milk the lessons from your arrest, you need to confront the charges strategically, introspect and get appropriate help to avoid recidivism or other future problems. Fortunately, the astute, connected team here at the Kraut Criminal & DUI Lawyers can help you get on a smart path. Connect with Mr. Kraut and his associates today to begin building your Long Beach DUI defense.

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Our Hollywood DUI story of the week is clearly the Reese Witherspoon incident. The “Legally Blonde” actress didn’t nab the DUI, though. That honor goes to her husband, CAA uber-agent, James Toth.Reese-Witherspoon-Toth-hollywood-dui.jpg

Witherspoon and Toth had been in Atlanta, where the actress was shooting a movie (The Good Lie), when an Atlanta trooper saw Toth’s Ford Focus weaving in and out of lanes. Trooper First Class, J. Pyland, 42, stopped the vehicle. He reported that Toth’s eyes looked bloodshot and that his clothing looked disheveled.

After the agent allegedly failed his field sobriety tests, Pyland gave him a breathalyzer test. Toth blew a 0.139% BAC, which is nearly double the limit for Hollywood DUI of 0.08%, as defined by California Vehicle Code Section 23152(b). (Even though the couple got arrested in Atlanta, the “0.08% limit” is basically the national standard.)

The drama did not stop with Toth’s arrest, however.

Witherspoon allegedly stuck her head out the window and lashed out at Pyland, accusing him of not being “a real police officer.”

Per Pyland’s report: “I told Mrs. Witherspoon to sit on her butt and be quiet.” When she refused and instead got out of the vehicle — exercising her self-declared right to “stand on American ground” — Pyland handcuffed her. He wrote: “I put my hands on Mrs. Witherspoon’s arms to arrest her…[she] was resistant, but I was able to put handcuffs on her without incident due to Mr. Toth calming her.”

Witherspoon allegedly asked him “Do you know my name?” He said he didn’t. She told him “You are about to find out who I am…you are going to be on national news.” The officer impounded their car and sent both Toth and Witherspoon to jail in Atlanta.

A passenger in the back – who has not been identified yet – went home in a cab.

The celebrity power couple made bail the next morning, and Witherspoon’s attorney hammered out a deal to prevent her from getting a criminal conviction by doing a pretrial intervention program. She will need to check in with the judge on May 22nd to determine her compliance with the program.

The 37-year-old actress did walk on the Red Carpet at the NYC premiere of her new film, Mud, but she did not give fodder to the media afterwards by taking questions.

Mrs. Witherspoon’s post-arrest trauma overshadowed Toth’s DUI arrest. Lucky, in some sense, for him: it’s a pretty big deal when a major Hollywood agent gets arrested for DUI in Hollywood. It’s a bigger deal – at least from the national media’s perspective – when an actress of Witherspoon’s stature winds up behind bars.

Implications for your Hollywood DUI defense

This story does a good job of highlighting how no one is above the law. And no one is above doing “stupid things” before, during, or after a Hollywood DUI arrest. In the sober light of day, it’s easy to regret what you did or didn’t do. The challenge now for you is to figure out how to make your life simpler and how to be strategic going forward.

Connect with the Hollywood DUI attorneys at the Kraut Criminal & DUI Lawyers to understand the implications of your arrest and develop a strategy. Mr. Kraut is a Harvard Law School educated ex-prosecutor with the means and technique to provide you an excellent defense.

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Driving DUI in Los Angeles just doesn’t pay. And celebrity musician, Bobby Brown, would probably be the first to tell you why.bobby-brown-dui-in-los-angeles.jpg

After pleading no contest to October 2012 charges in February, Brown finally received his sentence: 55 days behind bars and an electronic surveillance ankle bracelet. Although Brown only served 8 hours in “real time” behind bars – due to prison overcrowding and other factors – he will still need to spend 18 months in alcohol treatment program and go to AA meetings three times a week.

As we reported when his arrest happened, 2012 was a very rough year for Brown. Not only was he arrested twice for driving under the influence in the Valley – once on March 26th, when CHP officer saw him chatting on a cell phone while driving (also a no-no) and once on October 24th – but he also lost his ex-wife Whitney Houston, AND he endured less than thrilled reviews of his first big music project in many years.

All that said, time does heal wounds. It’s spring time now — a time for rebirth and positive reckoning.

Even if you really screwed up and injured yourself while driving under the influence in Los Angeles – and/or committed other illegal acts, such as hit and run, resisting arrest, etcetera, DUI — you can reboot your life. You can leverage the experience of the arrest/accident to become a better human being, more insightful about yourself, and even a better driver.

Of course, DUI defense can get complicated, particularly if your case is challenging. If you hurt someone while driving DUI, for instance, you could be facing felony charges per California Vehicle Code Section 23153(a) or 23153(b). Likewise, if this was your second or third arrest, prosecutors might be far less lenient on you. You may face steeper fines, greater problems with your insurance, a longer license suspension, more time in alcohol school, and beyond.

To get a handle on what you need to do, get in touch with a Los Angeles DUI defense lawyer at the Kraut Criminal & DUI Lawyers.

What sets attorney Kraut apart from the crowd?

First of all, he is a former high level prosecutor – he served as a Senior Deputy District Attorney. That means he understands prosecutors on a very deep level.

Secondly, he has great relationships with many people in the Los Angeles legal and police community, and he also has a Harvard Law School background and deep sense of compassion and service.

He genuinely cares both about protecting his clients and serving the community.

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