DUI Consequences

September 24, 2012

Burbank DUI Dangers: The New iPhone 5 is Great, but it Could Provoke DUI with Distraction Charges

You just bought a new iPhone 5 — you want to immerse yourself in your new toy, not dwell on something somber, like Burbank DUI law.

But understand that cell phones and other personal digital devices can not only endanger your life (and the lives of other motorists) but the can also complicate your Southern California driving under the influence charges, especially if you hurt someone in a crash.

The iPhone 5 offers a fantastic bevy of features and updates – even if it isn’t as revolutionary and paradigm shifting as some of Apple’s other offerings from the past 5 to 10 years. There is a time and a place to explore those innovations. But behind the wheel is not that time or place!

In fact, if you text or update social media sites or “explore new apps” while driving, your risk for getting into an injury accident spikes substantially. In fact, research out of places like Virginia Tech and the National Highway Traffic Safety Administration suggests that people who text while driving are actually more dangerous than people who drive under the influence in Burbank and elsewhere.

The basic problem
When your attention is elsewhere – i.e., not on the road – your reaction time slows down.

We’re all used to the concept of “multi-tasking.” But humans did not evolve to multi-task. If you are typing in a number or a snarky tweet, your full attention is not on the road. Most of the time, that won’t matter. But if you have to make a sudden stop or deceleration or acceleration, you might lose several milliseconds – or even full seconds! – on your reaction time. And that loss of time can mean the difference between a safe trip home and a life ending catastrophe.

For instance, some studies suggest that steering capability decreases by over 90% when you text on your iPhone 5 (or other device). Another famous study out of Virginia Tech said that your risk of crashing increases by over 20 times (!!) when you text. Yet other research suggests that someone who is above the Burbank legal limit for DUI (0.08%) will have a reaction time decreased by around 12%; whereas a texting driver will have a reaction time decreased by 35%.

A big difference!

Driving under the influence and texting simultaneously can lead to DUI with distraction.

When you combine DUI with texting, you can create a super lethal cocktail – and you can also get into extra trouble with the law. Both DUI and texting/dialing your iPhone 5 can impede your reaction time and general thought process – but it’s unclear just exactly how much more dangerous this cocktail of behaviors might be.

Are the risks just additive? In other words… say your risk for getting into an accident increases by 10% if you text and 5% if you drive DUI. Does that mean your overall risk increases by 15% when you combine those behaviors? Or does the combination actually jack up your risk even more – by, say, 30%? Nobody knows, since science on the subject is pretty new.

Getting help
The team here at Burbank’s Kraut Criminal & DUI Lawyers can help you understand what you need to do to battle back against your charges, whether you have been hit with a DUI while distracted in Burbank charge or other DUI charges. Attorney Kraut is a former city prosecutor, and he can leverage his connections, intuition, and knowledge of the law to help you greatly.

September 17, 2012

Say It Ain’t So Sally! “All In The Family” Star Busted in Maine – Los Angeles DUI Media Reacts

by Michael Kraut

If you’ve recently been pulled over for driving under the influence in Los Angeles (e.g. in or around the USC or UCLA campuses), you’ve got some pretty famous company.

According to Fox News and the Huffington Post, 65-year-old actress, Sally Struthers — best known for playing Archie Bunker’s daughter in the 1970s sitcom All In The Family — was arrested on Route 1 in Ogunquit Maine on September 12th for driving under the influence.

Here in California, Sally would have likely been charged under California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI. But in Maine the laws are slightly different. She was hit with something called “OUI” — operating under the influence — a special kind of law that’s used in primarily in East Coast States (e.g. Rhode Island, Massachusetts, Maine, etc) and makes it illegal for you to even sit, parked, while under the influence, if the motor is running.

Struthers had been in the Portland area performing in a local production of “9 to 5” as Roz. The two-time Emmy Award winner is also famous for her work advocating for the Christian Children’s Fund (Child Fund), a charity that helps poor children in Africa and other developing nations. Struthers has denied the OUI, according to her publicist, and she had no problem making her $160 bail. She has a December court date, so stay tuned to the news to learn more about what happens to the actress.

Are there any practical lessons that Struthers’ arrest might have for you, if you or someone you love currently faces Southern California DUI charges, either for a standard misdemeanor DUI or an injury DUI?

Perhaps.

First of all, the situation highlights how easy it is for literally anyone to become a “DUI driver.” Even if you’ve hewed close to law all of your life – never broken any rules – a single bad decision or unlucky night or tough break can lead to jail time and a whole basket of other problems and challenges.

Being famous doesn’t protect you, either. And it can actually create additional stresses and problems, since celebrities must carefully manage their images.

Bad press can have career repercussions – that can cost an actress a job, a politician the chance at reelection, and an executive the “keys to the kingdom.”

Even if your charges are minor, and you are not particularly concerned about the publicity, you still need to worry about punishments like jail time, license suspension, mandatory alcohol classes (time consuming), fines and fees, hiked up insurance rates, and beyond.

Turn to the team here at the Kraut Criminal & DUI Lawyers in Los Angeles for powerful, effective legal guidance. Mr. Kraut is a former prosecutor – educated at Harvard Law School – and he can help you develop and move forward with a strong DUI with alcohol defense.

September 12, 2012

Beverly Hills DUI Cop Arrested for Driving Under the Influence… And Crashing into a House While Doing So!

by Michael Kraut

If you’ve recently been charged with a Beverly Hills DUI, you can take some solace from strange news out of Simi Valley. Last Tuesday, an off-duty police officer for the City of Beverly Hills got arrested for DUI after he smashed his pick-up into power pole and house.

The force of the crash was so intense that his vehicle flipped over and landed on a wall. 42-year-old officer Jeffrey Sweet smashed up his car at Blackstock and Royal Avenue in Simi Valley. He complained about pain to responding officers and got treated at a local hospital in Simi Valley. Fortunately, no one else suffered injuries.

Sweet also exhibited the classic symptoms associated with Beverly Hills DUI, allegedly, and he was booked into jail in Ventura County after he got cleared from the hospital. The truck severed a gas line, stimulating a local evacuation. Investigators think that the officer failed to see a curve on Blackstock Avenue. The BHPD helped the Simi Valley police deal with the situation.

If you’ve been arrested for driving under the influence in Beverly Hills, you can probably relate to Sweet’s frustrations and challenges ahead. It is indeed fortunate that no one got hurt in this crash – if you did hurt someone, even mildly, your charges could be escalated from a simple misdemeanor to a felony, pursuant to California Vehicle Code Sections 22153(a) or 22153(b).

Other factors that could complicate your legal situation include:

• Whether it’s your first time arrested for Beverly Hills DUI or whether you are a recidivist;
• Whether you’ve been arrested and convicted of other criminal charges unrelated to driving under the influence;
• How you behaved after you were stopped by police – that is, were you belligerent or did you try to flee the scene;
• Did you cooperate with officers and rescue workers?
• Just how ìunder the influenceî were you?
• How powerful is the evidence that you, indeed, violated the law?

For instance, just because you failed a breathalyzer test – or even a blood test – does not mean that the test effectively measured your degree of DUI. An experienced Beverly Hills DUI criminal defense lawyer, like the Harvard Law School educated Michael Kraut, 8484 Wilshire Boulevard Suite 660B Beverly Hills, CA 90211-3220 Phone: (310) 550-6935, can help you develop a powerful strategy to manage all of your charges and your legal journey ahead. Connect with attorney Kraut today to get experienced assistance.

September 3, 2012

O Lordy! Sad Long Beach DUI Arrest, as San Francisco’s New Archbishop Hit with Two Misdemeanor DUI Charges

by Michael Kraut

The archbishop-designate of San Francisco, Rev. Salvatore Cordileone, has officially been accused of driving under the influence, according to blogs that cover Long Beach DUI news and other media sources.

The 56-year-old was stopped late on the 25th of August at a checkpoint near San Diego State University. Allegedly, he failed his field sobriety test. A blood alcohol test clocked him at above the legal limit for Long Beach DUI of 0.08% BAC. After Rev. Cordileone’s arrest; his mother, who had been riding in the car, drove home, after she proved that she had not consumed alcohol and that she had a valid license.

After the DUI, Rev. Cordileone issued a public apology and expressed extreme regret for the “shame and disgrace” the arrest created for him and his family and church.

Rev. Cordileone is still scheduled to be installed as San Francisco’s metropolitan archbishop in October. For the past three years, he has served as the fourth Bishop of Oakland.

Lessons for You, if You’ve Recently Been Arrested for DUI in Long Beach

The archbishop-designate’s legal travails highlight a point that often gets lost in discussions of Long Beach DUI punishment and prevention: many who get arrested for misdemeanor DUI crimes have little to no criminal history. It may be tempting to reflexively blame the DUI defendant (or yourself, if you are the defendant) for some kind of moral failing. But so many elements beyond morality play into risk for DUI. For instance:

• Our body’s sensitivity to alcohol – you may not be cognizant of how you process alcohol; and, thus, you might engage in risky behaviors that you don’t realize are risky;
• Social pressures – if it’s “socially normal” in your group to drink a little at dinner and then drive, and you are someone who can’t process alcohol well, while your friends can – you might be pressured into engaging in risky practices;
• Momentary lapses of judgment or discernment – no one is perfect. We all have times when we cut the line or bend the rules;
• Unfair or poorly done police work – sometimes Long Beach DUI breathalyzer tests fail, for instance; and sometimes even the most respectful and savvy police officers make errors of judgment or misperceive what you’ve been doing.

For help dealing with your problems, connect with a Long Beach DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Mr. Michael Kraut is one of the most respected and well-known DUI criminal defense lawyers – in addition to attending Harvard Law School and serving as a former prosecutor, he has gotten great reviews from his past clients.

August 22, 2012

Forever and Ever Amen – Don’t Let My Long Beach DUI Aftermath Be As Embarrassing As Randy Travis’ Was

by Michael Kraut

Unless you’ve been hiding under a rock – and perhaps you have been busy following your own Long Beach DUI arrest – you’ve likely heard about the ridiculous and sad DUI tale of country icon, Randy Travis.

The 53-year-old was slammed with DUI charges in Texas, after police found him on the side of the road, completely naked. It’s been a bad decade for Mr. Travis, who divorced his wife and manager of three decades, Elizabeth Travis, back in 2010. He has since become embroiled in a lawsuit with her. In February, he was arrested after a Super Bowl party for public intoxication.

But none of the singer’s past embarrassments holds a candle to what recently happened – hopefully, his saga was far more dramatic than your own Long Beach DUI arrest.

Per reports from TMZ.com, someone discovered the country star lying nude on a Texas road near the town of Tioga. The witness described what he saw to 911 operators: “it looked like a deer at first, but as it came by it looked human. I want to say it was a white male, light brown hair, but I’m not sure so sure. I want to say he had no shirt on, but I don’t know. I want to stay in the vehicle.”

Travis apparently had also gone into a convenient store to try to purchase cigarettes – all while in the nude – but left because he didn’t have any money on him (probably not surprising, since he wasn’t wearing any clothing).

When police officers discovered him, he appeared to have the odor of alcohol on him and he showed other signs that could be considered classic symptoms of DUI in Long Beach or anywhere else. Unfortunately for the singer, when he was roused, he suddenly became belligerent, and he fought with police and even threatened to murder two of the Texas Troopers.

Not something you want to be doing!

So what will become of Randy Travis’s career and life following his DUI escapade?

Fortunately for the singer, at least some of his fans are standing beside him. One fan actually posted his bail of over $21,000. Another fan gave Travis a Texas Long Horn’s hat to help “re-clothe” the crooner. Obviously, it’s impossible to discern more details about the case without investigating it closely – or at least waiting for the investigation to be done. But do remember that Travis likely still has lot of options at his disposal to rehabilitate himself, clean up his image, get his life back together, etc.

You need to recognize this reality for many reasons. First of all, if you’re currently struggling with a Long Beach DUI charge, you’re likely pretty scared and depressed and confused. You might feel like things are never going to get better – that you can’t see the light at the end of the tunnel. Recognize that people have almost certainly come back from far worse things than you have experienced. People have come back from lengthy jail sentences, bankruptcy, personal devastation, etc, to lead happy, compassionate, long, healthy, and fulfilling lives.

The key lies not in solving your problems all at once but in making incrementally better decisions and charting a course for self growth and self improvement.

To that end, you might find it very useful to consult with attorney Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers. Not only is Michael Kraut an experienced Long Beach criminal defense attorney with a track record of success and a Harvard Law School education, but he is also a compassionate guy who wants to understand your situation and help you as a person.

Mr. Kraut spent over 14 years of his life as a prosecutor of DUI crimes and other crimes in Los Angeles, so he is no “softie.” On the other hand, his versatile experience gives him a very novel perspective on his challenges of DUI in Long Beach and elsewhere.

August 15, 2012

Does Your Burbank DUI Mug Shot Look As Good As Cat Cora’s Did?

by Michael Kraut

So many aspects of the Burbank DUI experience can be so frustrating and humiliating.

Take the DUI mug shot. Even celebrities can get tripped up by it. Consider Nick Nolte’s famously disheveled DUI portrait, for instance. This notorious example of “disheveled DUI chic” was funny to the world but no doubt devastating to Nolte.

On the opposite end of this spectrum, perhaps, is celebrity chef Cat Cora’s new DUI mug shot, which went viral a few weeks ago because the Food Network star (and co-host of “Around the World in 80 Plates”) looked fresh faced, pretty, even exuberant in her pose.

About Cora’s Arrest
Back in June, Cora rear-ended a BWM up in Santa Barbara. Officers who responded to the incident tested her with two breath tests: the readings showed 0.19% BAC and 0.20% BAC, respectively.

Just to remind you, per California Vehicle Code Section 23152(b), the legal limit for a Burbank DUI is 0.08% BAC. So Cora tested at practically 2.5 times the legal limit.
Adding insult to injury, Cora allegedly called the people she hit “nerds” – at least according to initial reports from the website TMZ.com. She later released a statement to a cable news network: “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. This will never happen again.”
Beyond the standard aspects of her DUI situation, what really caused a stir on the blogosphere, was that she waited 11 days after her arrest (on June 17th) to take her mug shot. CA law permitted this, since Cora had no previous DUIs on her record.
Cora also managed to side step any time in jail: she was taken to the Sobering House in Santa Barbara, instead.

Your Burbank or Glendale DUI situation might be a tad different.

If you get convicted of driving 2.5 times the Burbank DUI limit, prepare to face serious penalties, even if this is your first time ever getting in trouble with the law.

First time offenders here in Los Angeles can lose their licenses for a year. They can face months behind bars; months of alcohol school and probation; thousands of dollars in fines and fees; compulsory installation of an interlock ignition device in your car, which you must pay to maintain; and other “not great stuff.”

By the way, this is the punishment just for a standard misdemeanor Burbank DUI!
If you hurt someone, committed a second or third offence, resisted arrest, or engaged in additional criminal behavior, your penalties can get significantly ratcheted up.

What should you do?

Every case has unique facets and intricacies. An experienced Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is standing by to listen to your story and give you a confidential, free consultation about your rights and potential legal strategies. Attorney Kraut is a successful, well respected defense attorney (a Harvard Law School educated former prosecutor, on top of that), and he can start you on the course to reclaiming your life and rehabilitating your reputation.

August 8, 2012

If Arrested for DUI in Long Beach, Do NOT, Under Any Circumstances, Spit in the Police Officer’s Face

by Michael Kraut

When you got arrested for driving under the influence in Long Beach, you were not exactly pleased. No one is.

The decisions you make after you get stopped, however, can have an enormously profound impact on your ability to fight the charges — i.e. to get them dropped or pled down to lesser offences — as well as on your capacity to regain emotional equilibrium after the event.

For an extreme example of what “can go wrong” after a DUI arrest, let’s turn our attention northwards to Boise, Idaho. Last week, police arrested 53-year-old James P. Krapp (real name) for driving under the influence and a host of other crimes.

August 6, 2012

Glendale DUI Celebrity News: Ted Nugent’s Drummer Hit With a Golf Cart DUI Charge

by Michael Kraut

As regular readers of our Glendale DUI blog know, golf cart DUIs are surprisingly common, both here in the Southland and throughout America. The crime sounds a bit preposterous – like something out of a Caddyshack outtake, perhaps. But we keep seeing examples of it in the news. For instance, Sunday night before last, Mick Brown, the 55-year-old drummer for classic rock icon Ted Nugent, got hit with golf cart DUI up in Bangor, Maine. Brown’s story is more than a bit humorous – it reads like a stereotype of the “classic rocker bad boy breaking the law.”

According to police reports, Nugent stole a golf cart and drove it on a footpath recklessly, while DUI. Police officers tried to stop the runaway drummer, but he “sped past them” on his cart and even pushed a security officer aside. Eventually, two security officers grabbed Brown and pulled him off. He was riding with two females (of course).

Brown was arrested on a smorgasbord of charges including:

August 1, 2012

Beverly Hills DUI Epidemic – 3 NFLers Busted for DUI in a Single Week, Brings Total Since Super Bowl Up to 27 Separate Arrests!

by Michael Kraut

If you’ve recently gotten in trouble for a Beverly Hills DUI, you have company, in the form of 27 National Football League professional athletes. That’s right. Since the conclusion of the Super Bowl on February 5th, there have been 27 DUI arrests involving professional NFL athletes. Things really started to heat up in mid to late July, when three separate NFL DUI arrests hit in one week. The culprits: Kenny Britt of Titans, Robert Quinn of the St. Louis Rams, and Marshawn Lynch of the Sea Hawks.

In a series of posts, we’re going to address these arrests, both specifically and in a larger context. What might they mean for NFL? More importantly, what lessons can you learn from this trend to help you deal with your Beverly Hills DUI charges, put your life back together, and avoid trouble in the future.

In today’s post, we’ll take a closer look at Britt’s arrest.

According to news reports, the Titans receiver was tooling around Fort Campbell, Kentucky with teammate Tommie Campbell, when he was stopped at a security gate, tested and arrested for driving under the influence.

Britt was no stranger to brushes with law enforcement.

Last April, he got busted in New Jersey after speeding 20 miles over the speed limit and trying to elude an officer. His charges were ultimately reduced down to a fine and misdemeanor. But he got a stern warning from the League. Prior to that, he had been arrested on marijuana charges, resisting arrest, participating in a bar fight, failing to pay a promised bail, and a motley assortment of other unpleasantries. Sports watchers suspect that Britt’s punishment this time will be more severe – he will likely get a multiple game suspension on top of other punishments.

Fortunately, his DUI did not result in anyone getting seriously hurt or killed. If you do injure someone while DUI, you can face felony charges per California Vehicle Code Sections 23153(a) or 23153(b). If convicted, you could lose many rights, face over a year in jail, and be subject to other life altering (and not in a good way) restrictions and penalties.

Furthermore, if your Beverly Hills DUI was not your first brush with the law, prosecutors might go especially hard on you.

What can you do to manage your legal challenges?

Connect today with an experienced professional with the Kraut Criminal & DUI Lawyers (8484 Wilshire Boulevard Suite 660B Beverly Hills, CA 90211-3220 Phone: (310) 550-6935). Attorney Michael Kraut is a Beverly Hills DUI criminal defense attorney who spent well over a decade on the prosecutorial side before switching over to represent defendants like you. He understands how prosecutors think and work, and he can help you devise and execute the most appropriate strategy for your defense.

July 30, 2012

More NFL Glendale DUI Drama: Marshawn Lynch Slapped with a DUI in California

by Michael Kraut

Driving under the influence in Glendale or anywhere else in California can lead to conviction under California Vehicle Code Sections 23152(a) or 23152(b), which can result in serious jail time, fines, fees, and other radically harsh punishments – even if you didn’t hurt anybody and even if you were just “a little bit” over the limit.

On the one hand, it should a “no brainer” to avoid driving DUI. On the other hand, it’s a relatively common offense – even among famous politicians and athletes and celebrities. Consider, for instance, the debacle that has been the National Football League: since the conclusion of the Super Bowl back in February, there have been 27 DUI-related arrests of NFL players. One of the folks caught up in the dragnet is Marshawn Lynch, a runningback for the Seattle Seahawks. He was hit with a charge of DUI in California up in Alameda County (Emeryville).

According to news reports, officers saw Lynch weaving around I-880 in a Ford Econoline van. CHP officers said that Lynch almost crashed into two other vehicles on the road before cops stopped him. He was put through the paces of a field sobriety test, arrested, booked, and then tested again with a breathalyzer test while in jail. Lynch’s attorney stated that his client was under the 0.08% BAC limit that defines the limit for DUI in Glendale and elsewhere, per CVC 23152(b).

But Lynch will likely face additional challenges due to his criminal history. Back in 2009, Lynch pled guilty to a misdemeanor gun charge here in Los Angeles and got 80 hours of community service along with a multiple game suspension. Back in 2008, he hit a woman with his car in Buffalo, NY and then drove off – resulting in a hit and run charge.

Will the discrepancies in Lynch’s blood alcohol tests ultimately help him get the charges dropped? Will his past criminal history and other brushes with the law impact his legal fate?

At this point, it’s impossible to know. His court date is scheduled for August 14th.

What you can learn from Lynch’s situation, if you have been charged with driving under the influence in Glendale?

The main takeaway is that subtleties about your arrest (or accident) — as well as your background — can dramatically influence your ideal strategic course, legally speaking. For instance, if the Glendale breathalyzer test that officers used on was miscalibrated or otherwise inappropriately handled, you might be able to build a case to get the breathalyzer evidence dismissed entirely (and thus possibly get your charges dropped or substantially reduced). On the other hand, if you can’t make that argument, you will need to find to some other way to develop a defense.

Very few people have the same sense for the subtleties of Glendale DUI law than attorney Michael Kraut of Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Mr. Kraut is a Harvard Law School educated lawyer who is often quoted in publications like the New York Times and the Los Angeles Times as a DUI expert. He is also a former city prosecutor – that means that he understands the mindsets and motivations of those who will be prosecuting you.