DUI Consequences

April 5, 2013

When Someone You Love Refuses to Get Help After a Long Beach DUI

You are at your wits’ end and also very sad. Someone you love dearly recently got arrested for DUI in Long Beach, and that person — at least to you — seems to be living in denial.

As you are no doubt aware, after you get arrested and charged according to California Vehicle Code Section 23152 (a) or 23152 (b) — or per the injury DUI CVC Sections 23153 (a) or 23153 (b) — you need to act quickly, strategically, and decisively to protect your rights.

You may only have days, for instance, to contest the suspension of your California driver’s license. Evidence that could help exonerate the Long Beach DUI defendant — or at least make the prosecution’s case more challenging — may disappear or be forgotten.

So you need to get “on it” quickly. But the person whom you love — who faces the charges — is acting maddeningly nonchalant. Perhaps he or she has yet even to consult with a Long Beach DUI defense lawyer or even begin researching legal options.

You want to help him, but there is only so much control that you can exert over a full-grown adult. Here are some insights to help you make progress:

#1. Strive to empathize with the Long Beach DUI defendant.

Imagine if you had been arrested. No doubt, you’d feel scared, overwhelmed, angry both outwardly and inwardly, and a lot of other feelings, none of them good. Whenever you’d dwell on the arrest, those feelings would come up. So it makes psychological sense (at least) to just pretend like things aren’t really happening.

#2. The person may have a challenging relationship with you.

For instance, maybe you’re the parent of a UCLA or USC student who got arrested for DUI in Los Angeles. That student might worry that you’ll stop paying tuition or take away the car. The person may not even be willing to listen to your plea because of these fears.

#3. You cannot be sure exactly what’s going on.

Scientists have done plenty of research into what motivates us (and what demotivates us) from taking empowering actions. But each situation is different. One defendant might refuse to get help because he’s in denial. Another may refuse to get help simply because she doesn’t realize the nature of her legal bind.

This puts you in a difficult situation. You want to help, but you are not exactly sure how to approach the person or otherwise assist.

Above all else, strive for compassion. Be compassionate with the person. Be compassionate with yourself. You’re going through a lot as well, even though you won’t face jail time or other punishments. Appreciate that you have the kindness and sense of responsibility to offer help. Reflect on the Serenity Prayer.

And consider connecting with Michael Kraut of the Kraut Criminal & DUI Lawyers, directly, for help with your Long Beach DUI defense. Attorney Kraut can suggest solutions for you and your family.

March 22, 2013

Fatal Malibu DUI Disaster: Woman Kills Tow Truck Driver and Leaves the Scene…

by Michael Kraut

A woman faces felony hit and run charges for a fatal Malibu DUI crash that took the life of 40-year old tow truck driver.

According to local reports from KABC, the woman hit the driver, who was rendering aid to a stranded vehicle. She then fled the scene. She made it two miles before she smashed into a parked car by the Malibu pier.

Police took her to the hospital, and they later arrested her for DUI in Malibu as well as felony hit and run. The tow truck driver died at the scene. He had been working for Platinum Tow, a company based in Westlake Village. Police closed the PCH all night to deal with the aftermath of the accident. They reopened it around 5 a.m. the next morning.

If you or someone you love was recently arrested for similar crime — e.g. driving under the influence in Malibu or DUI elsewhere in Los Angeles — hopefully your situation was less tragic.

But even if you “only” face a misdemeanor DUI charge, you can still wind up with a substantial jail sentence as well as strict probation terms, mandatory alcohol education classes, a long-term California driver’s license suspension, fines and fees and court costs, and sundry other punishments. On top of that, you could also face the indirect consequences of these punishments, including jacked up insurance rates, trouble getting to work or school, ostracism and judgment from friends and family, and on and on.

And obviously your legal challenges can be much harder if you left the scene of the accident (committed a hit and run) or hurt someone in the crash. For instance, you might face a felony DUI in Malibu charge, pursuant to California Vehicle Code Section 23153. (Misdemeanor events are generally pursued according to a separate CVC statute, 23152.)

So where does this leave you?

First of all, take a break and give yourself a little compassion.

You’ve been through a tremendous amount of pain and stress. You obviously didn’t want to get in trouble or to hurt anyone. Even if you were involved in a serious wreck, you can begin today to set yourself on a path towards rehabilitation and cleaning up your life.

The team here at the Kraut Criminal & DUI Lawyers can help you make decisive, smart, and strategic plans to build your Malibu DUI defense.

Attorney Kraut is a former city prosecutor, who spent 14-plus years in the DA’s office and who rose to the position of Senior Deputy District Attorney. He is renowned in the Southern California legal community for his excellent work, aggressive service, and ethical, thorough treatment of cases.

March 18, 2013

Glendale DUI News Update — South Florida’s “Party Princess” Hit With DUI Manslaughter Charge in Death of Chef

by Michael Kraut

Hopefully your Glendale DUI accident and/or arrest was not nearly as horrendous as was 20-year-old Karlie Tomica’s.

The South Beach, Florida bartender recently pled not guilty to DUI manslaughter charges stemming from the hit-and-run death of Stefano Riccioletti, a chef at the local Shore Club. The Circuit Judge in the case set bail for the so-called “Party Princess” (her Twitter handle) at $77,000 because of the brutal facts about the fatal crash.

Local police from Miami Beach allege that Tomica sped into Riccioletti, while he was walking to work early morning January 28. The following description is pretty graphic, so feel free to skip to the subsequent paragraph if you don’t want to have to read these difficult words: “the impact was so violent that her car was severely damaged, covered in skull fragments and brain matter… A nearby street barricade was painted in blood… Tomica refused to stop, and started driving several miles to her 17th floor condo, even as a good Samaritan followed and tried to get her to stop.”

Ultimately, the police caught up with her and took her to the station, where they gave her a toxicology test. They found that she had a staggeringly high BAC of 0.225%. For you record keepers, that’s nearly three times the legal limit for driving under the influence in Glendale. Meanwhile, they also found she had stolen another woman’s driver’s license (likely to use to buy the alcohol).

It’s really a very sad situation. Not only will this woman now face a DUI manslaughter charge, but she will also face many ancillary charges. It goes to show that DUI drivers often engage in not just one but multiple acts of incompetence or bad decision making — creating a kind of a “bad move” snowball effect.

It would have been bad enough if she just hit and killed the chef while DUI. But she insisted on driving home after the fact, so now she will be saddled with an additional hit-and-run charge.

This “making a bad situation worse” behavior does NOT indicate a fundamental lack of moral fortitude. It just suggests that one bad decision can trigger multiple bad decisions. The famous rock group, Pink Floyd, put it best in their song “A Momentary Lapse of Reason”: “one slip, and down the hole you fall. It seems to take no time at all. A momentary lapse of reason that binds a life to life. It’s a small regret, and we won’t forget, there’ll be no sleep in here tonight.”

Of course, after your momentary slip (or slips) of reason, you still need and deserve a solid defense. Connect with the Glendale DUI defense lawyer Michael Kraut now for a free consultation. Attorney Kraut is a Harvard Law School educated ex-prosecutor who has plenty of experience and tremendous compassion for DUI defendants.

March 15, 2013

Did You Try to Bribe Your Way Out of Your Los Angeles DUI? Hopefully Not! Look What Happened to This 24-Year Old…

by Michael Kraut

When you got pulled over on suspicion of driving under the influence in Long Beach, you felt terrible and scared.

You can be forgiven if you allowed yourself to envision doing “something, anything” to escape the charges, the humiliation, and the punishment. But there is a difference between thinking such thoughts (e.g. “if I hightail it out of here, I could reach the Mexico border by sunrise!”) and actually ACTING on them.

Unfortunately, sometimes when we’re extremely intoxicated or nervous, we can act impulsively on not-so-smart thoughts.

Consider, for instance, the following recent New York City DUI debacle. A 24-year old resident slammed his car into a mailbox in Lower Southampton. Witnesses saw the vehicle driving without its lights on in the middle of the night. When police finally pulled the young man over, he was “slumped in the seat and looked upset when he saw the authorities who stopped him.” The police tried to put him through the paces of a field sobriety test, but “he failed them all” and didn’t even “lift his feet off the ground when [the police] asked him to.”

After police arrested the man and took him into custody, he still failed to cooperate.

He later blew a 0.18% on a breath test (well over two times the legal limit for Long Beach DUI) and agreed to do a blood test at St. Mary Medical Center. But then he recanted and decided not to give blood. Finally, he was thrown back into police vehicle and taken to a station in Lower Southampton, where he shouted at a police officer and even bribed him with $1,000 to let him go.

Ultimately, police showered him with a litany of charges, including hit and run, property damage, DUI and refusal. His parents later picked him up at the station.

When you read a story like this, you probably feel some compassion. Unfortunately, many Long Beach DUI defendants do not get nearly enough empathy from society, from prosecutors, from bosses and colleagues, and even from spouses and family members.

You’ve been through a tremendous amount. You’d really like someone to listen to your concerns and help you develop a battle plan to fight back against the Long Beach DUI charges.

Look to the experienced team here at the Kraut Criminal & DUI Lawyers to help you get a handle on your Long Beach DUI defense, and to move beyond this difficult and unexpected chapter in your life.

March 13, 2013

Driving Under the Influence in Los Angeles With Kids in the Car? Don’t Do It!

by Michael Kraut

You’ve already been arrested for DUI in Los Angeles, so what’s done is done.

God willing, you didn’t hurt anyone or do serious damage to yourself. But whether you did or didn’t, your life is chaotic and scary right now — and it’s not just because you feel guilty about what happened but also because you’re nervous about jail time, punishments, and all the uncertainty.

Sometimes people under a lot of stress do very dumb things.

Consider, for instance, allegations against a Tennessee woman, Melissa Renee Karcher, who was arrested recently for driving DUI with her two young children in the back of her truck. The 26-year-old took her kids with her to a drive-thru restaurant on Fort Campbell Boulevard and acted very strange to the server. Here’s a quote from a local report “The server said Karcher appeared inebriated, confused and on the verge of falling asleep. She dropped her phone in her drink, then dropped her drink, and repeatedly tried to hand the server dirty paper towels.”

When police arrived, they found Karcher sitting in her truck (engine on) with the kids in the back seat. The reports said that she had “white spit” on one of her cheeks. Karcher said she was not on medication or alcohol — but rather that she had been up all night. As anyone who has ever tried to raise young kids knows, sometimes you have those nights where you really don’t sleep.

It’s also very difficult to pass a Los Angeles field sobriety test (or FST anywhere) if you’ve been running without sleep. Some research out of Australia, in fact, suggests that driving after being up for 24 hours or more is actually more dangerous than driving DUI, as strictly defined by California Vehicle Code Section 23152 (a) or 23152 (b). Your reaction time when you’re sleepless and exhausted is slower, etc.

Karcher apparently fell asleep at the police station — evidence that seems to be in line with her story. However, her history does not necessarily bode well for her. She had her license suspended in Kentucky for driving under the influence, and she got booked into jail on DUI charges as well as charges of “possession of drugs without a prescription, driving on a suspended license and two counts of child abuse and neglect.”

If you face similar charges — or more serious ones or less serious ones — of DUI in Los Angeles, what can you do? What are the best practices? What mistakes should you avoid?

For thorough, personalized answers to these questions, get in touch with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today. Mr. Kraut is not just a widely respected Los Angeles DUI criminal defense attorney, but he is also an ex-prosecutor who leverages his nearly two decades of experience in the LA legal system, along with his Harvard Law School education, to get excellent results for his clients.

March 11, 2013

Parallels Between Your Long Beach DUI Arrest and the Meteorite That Blew Up Over Russia’s Ural Mountains

by Michael Kraut

Why on Earth would you want to waste time reading or thinking about a meteorite explosion, when you have a serious Long Beach DUI charge on your hands, and your freedom and future literally hang in the balance?

There’s a good reason why.

Many defendants, who face charges like driving under the influence in Long Beach, never take the time to process what they go through. As a result, they often make impetuous decisions that backfire, or they fail to “get into gear” early enough in the process. The end result is the same: driver’s license suspension, jail time, harsh probation terms, and worse.

Point is, you really need to take time to process what’s happened to you and come up with new ways to think resourcefully about your situation. Your DUI event was very disruptive and totally unexpected. No one starts off a day saying “I think I’m going go out and get into a Long Beach DUI accident tonight.” Accidents and DUI checkpoint arrests happen totally out of the blue.

Likewise, the meteorite that exploded over the city of Chelyabinsk, Russia in the Ural Mountains on February 15 was totally unexpected. The blast literally shocked the world. (Curiously, the event happened around the same time as a 130,000 ton asteroid zipped by the Earth — nipping our whiskers at just 17,000 miles distance). The fireball nevertheless created a mini-disaster, injuring 1,100 people or so (mostly due to glass blown out from the explosion) and damaging 3,000 area buildings.

Russia — and the rest of the world, actually — got lucky.

Had the meteorite gone slightly off course, it could have exploded over nearby nuclear weapons plants or chemical weapons facilities and thus either set off another Chernobyl-type disaster or caused toxic agents to be released en masse into the atmosphere.

Your Long Beach DUI event was very similar to a meteorite strike — it was unexpected and unwanted, and it’s left you dazed and feeling out of control.

To regain some control and perspective, get in touch with the Kraut Criminal & DUI Lawyers today. Michael Kraut is a highly reputable, widely respected ex-prosecutor who now works as a Long Beach DUI defense lawyer. He and his associates can help you respond knowledgably to your crisis and build a sound and structured defense.

March 8, 2013

What Beverly Hills DUI Arrest Is This for You? First? Second? This Guy Just Got His 14th!

by Michael Kraut

Whether you got pulled over for your first-ever Beverly Hills DUI on Wilshire & Rodeo after a tony film industry soirée; or you just racked up your second or third DUI within 10 years, consider yourself fortunate that you are not 55-year-old William Grussing.

The Montana man was just sentenced to two decades behind bars for driving under the influence.

Why the harsh sentence?

Because this was his 14th time facing DUI charges!

In order to even become eligible for parole, Grussing must go through a very long and intense alcohol education program. He admitted to the judge that he was just 14, when he had his first alcohol beverage — with his father, no less.

Even though you are a DUI defendant yourself, you’re probably nodding to yourself that the judge probably did the right thing in this case. It’s one thing to make a misjudgment after a party… or even to make multiple bad decisions within a few years. But when you get into the double-digits with your DUI charges, something is just not working, and more drastic measures might be needed.

In your case, you want to figure out not only how to beat your Beverly Hills DUI charges, but also how to manage the core problems causing you to make less than optimal decisions.

Sorting out those root problems is no easy feat, even for someone who is dedicated, open, and persistent.

Fortunately, the team here at the Kraut Criminal & DUI Lawyers can help you with your Beverly Hills DUI charges. Attorney Kraut and his team are experienced, compassionate, and aggressive. They can help you understand what you might be able to do, immediately, to get control over your life and over your legal situation. Get in touch with the Harvard Law School educated attorney Kraut now for assistance.

March 6, 2013

How Playing Tetris Too Much is (Kinda Sorta) Like Getting into a DUI Crash in Los Angeles

by Michael Kraut

If you’ve recently been in a DUI crash in Los Angeles, the memories of the disaster have likely seared their way into your brain.

When you close your eyes at night, you may re-imagine your DUI arrest in L.A. in vivid detail, particularly if you got seriously hurt or hurt someone else.

Those unpleasant memories can be almost impossible to dislodge by conscious effort.

Not to trivialize your experience in any way, but at least to an extent, what’s happening in your brain is similar to what happens in the brains of people who play video games, like Tetris, too long.

If you’ve ever played Tetris, you probably know how addictive it can be. As you learn intuitively how the shapes go together and how to make lines, you incrementally develop your skills and go faster and get more creative with your strategies.

The game is simple and intuitive, and it leads to a very satisfying “learning curve.”

When you engage in the repetitive behavior, your brain begins to focus on tetris, even when you are not consciously playing. This is why, long after you finish, you continue “playing” in your mind.

This phenomenon occurs not just after repetitive activities but also after INTENSE activities. The intensity of the Los Angeles DUI cemented a memory in your mind, much as the repetition of playing Tetris cements that memory of game-playing in the mind.

Of course, this is a dramatic oversimplification. The processes by which we make memories, retain and recall memories, and have emotional reactions that flow from them are incredibly complex and not even fully understood by the world’s top neurologists.

This isn’t to say that you will be forever haunted by images of your Los Angeles DUI accident.

Your first step towards making some sense of the chaos is to reach out and get reputable help.

The team here at the Kraut Criminal & DUI Lawyers is well known for helping DUI defendants like you develop strategic and workable defense strategies. Attorney Kraut understands the system on a very deep level — not just intellectually but also pragmatically. He served as a prosecutor for the City of Los Angeles for nearly 14 years. He has many great relationships, not only with defense attorneys and clients but also with prosecutors and police and judges.

March 4, 2013

Your Second Pasadena DUI: Bad Luck or Warning Sign?

by Michael Kraut

When you got arrested the first time for driving under the influence in Pasadena, you wrote if off as a fluke.

Perhaps you had one too many drinks while chilling with old college friends at the Cheesecake Factory in Old Pasadena. Or maybe you had a few glasses of wine with some college professors at Caltech… and the rest is history. You got behind the wheel when you shouldn’t have driven, and you got caught and punished.

But this time is different.

Now that you’ve been arrested twice for DUI in Pasadena (or elsewhere in the Southland), you’re getting more concerned. Maybe the problem really IS you. Maybe it wasn’t a one-time thing. This scares you. After all, as much as you want to avoid penalties for recidivist DUI in Pasadena–such as jail time, forced fines and fees, mandatory interlock ignition device installation, compulsory probation, and on and on–you know that your situation could have been a lot worse.

You could have seriously hurt or even killed someone while DUI. Then you would have been charged with a much more serious crime, such as vehicular homicide or even DUI murder because of your past criminal history.

It’s easy to beat yourself up.

And the very fact that you’re taking time to read this article and reflect on what you did (and why you did it)…that’s a very positive sign. But you now need to translate this concern into effective, positive action, not only so that you avoid punishment–or at least minimize it–but also so that you better fulfill your responsibilities as a driver and as a citizen of Southern California.

Often, the root cause of why we behave in certain ways is difficult to identify.

For instance, you might blame your DUI problems on your impetuous nature–your natural devil-may-care attitude. But other psychological “stuff’ could be going on below the surface, breeding problems and stirring up trouble. For instance, maybe you were recently fired or divorced. The stress is driving you to self-medicate through drugs or alcohol. Unless and until you deal with that underlying emotional hurt in a constructive fashion, you might continue to feel helpless and use an element, like alcohol, to manage your pain.

Don’t expect to solve your psychological puzzle in a single day. But do put some awareness on the problem. Strive to be compassionate with yourself–to treat yourself as a human being with legitimate needs. At the same time, do everything you can to avoid getting into a similar situation in the future. Recidivist Pasadena DUI offenders face extended jail time, fees, fines, and dire consequences for your license, insurance, and reputation.

You should also consider getting in touch with an experienced Pasadena DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers. Attorney Kraut is a highly respected, well connected DUI lawyer who worked well over a decade as a prosecutor before turning his attention to criminal cases. He and his team can help you unpack what’s gone wrong and figure out effective solutions.

February 25, 2013

Miscellaneous Los Angeles DUI News–Crazy DUI Induced Explosion on the 10 and Other Astonishing Stories…

by Michael Kraut

If you thought your Los Angeles DUI arrest was hair-raising, think again.

On February 7th, a DUI suspect fled police on the 10 and crashed into the sidewall after losing control of his red Mustang. The car literally exploded and burst into flames. The suspect had been fleeing police. Officers thought he was trying to hop onto the 60 East Bound or try I-5. The man would have almost certainly perished in the fire, but police bravely pulled him from the wreckage–saving his life after they risked their own to get him to stop driving recklessly.

Hopefully your Los Angeles DUI arrest was less fraught and drama filled.

Meanwhile out in Connecticut, 46-year-old Jeffrey Cull got arrested following a string of strange events, involving dumped shingles, laser engraving thievery, and tree hitting. According to local news reports from the town of Monroe, a woman saw a 2009 BMW smash into a tree near her house on a local route, 111. She called police, who found the driver and owner, Mr. Cull. He had a “strong odor of an alcoholic beverage on him.” Officers said that Mr. Cull did not cooperate and refused to answer questions. Local police put him through the paces of field sobriety tests, which he failed. He refused the breathalyzer test. In addition to the DUI charge, Cull faces charges for evading responsively in an accident, failure to hold his lane, and driving without auto insurance.

Hopefully, your Los Angeles DUI arrest involved neither your car bursting into flame nor your hitting a tree and then getting aggressive with police after the fact.

But no matter what happened, you are entitled by law to a sturdy defense. The team here at the Law Offices of Michael Kraut can help you understand what you might be facing and develop a strategic Los Angeles DUI defense based on deep knowledge of the law and practical experience.

Attorney Kraut knows how to help drivers like you. As an ex-prosecutor, he maintains excellent relationships with local judges, police officers, and prosecutors–all while providing his Los Angeles DUI defense clients with the highest service. Trust attorney Kraut and his team to guide you appropriately–to make informed decisions–and to avoid getting into further trouble or accidentally complicating your case.