Articles Posted in DUI Consequences

If you’ve been arrested, and potentially convicted, more than once for driving under the influence in Burbank, you might find it useful to evaluate the fundamental problem that’s been getting you into trouble.burbank-dui-hole-stop-digging.jpg

As Will Rogers once famously intoned, “If you find yourself in a hole, stop digging.”

All well and good. But how does that translate into action?

More specifically, if you admit that something other than dumb luck contributed to your getting arrested multiple times for driving under the influence in Burbank, how do you objectively think through what’s caused you so much pain and caused you to engage in such reckless behavior?

The standard party line is that Burbank DUI defendants are incompetent, ignorant, reckless, or (insert other negative judgment here). Labeling a person — or even a behavior — as “good” or “bad” is not necessarily that informative. It might make non-Burbank DUI drivers feel superior. It might make people who have been convicted of driving under the influence, per California Vehicle Code Section 23152 or 23153, feel guilty and ashamed. But it does not get at the root problem. A judgment is just a description, and a tenuous one at best.

So how do you make progress?

One way to make progress is to analyze the feelings and thoughts that you had before, during, and after your DUI arrest or other automobile event. The more discreet, focused, and comprehensive your survey of your thoughts and emotions, the easier it will be to spot patterns – habitual behaviors and ways of thinking. You can then use your new knowledge of said patterns to engineer a remedy.

For instance: say, after journaling about your experience, you discover that every time you’ve driven DUI in Burbank, you just-previously experienced a deep frustration, such as a job loss, family fight, or even rejection at an audition. If so, you can recognize that certain negative events trigger you to take leave of your senses. So the next time you find yourself in a situation where you are frustrated or angry, you can become consciously aware of the trigger and take measures to disrupt your pattern of partying or taking drugs to make the pain go away.

Of course, you may also have urgent logistical or legal concerns. The Kraut Criminal & DUI Lawyers in Burbank (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help. Attorney Michael Kraut is an experienced Burbank criminal defense attorney who specializes in DUI, and he can help you construct a rigorous, solidly structured defense.

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When you read in the paper (or on the blogosphere) about people getting arrested for driving under the influence in Glendale, you usually see those stories isolated of context. This is unfortunate, since the only way to extract useable lessons (including lessons about “what not to do”) is to contextualize stories. genes-and-alcohol-glendale-dui.jpg

What does that mean? It means understanding their subtleties, their back stories, etc. For instance, consider the case of the distracted “duck boat” captain in Philadelphia, who was sentenced last week to over a year in jail for plowing his sightseeing boat into an obstacle, killing two Hungarian tourists aboard.

At first blush, the story suggests that the captain was essentially a reckless idiot. However, when you dig deeper into his backstory, things get more complicated. Turns out, he had been distracted because his son had been involved in an emergency eye surgery gone horribly wrong, and he was communicating with his wife about the latest minute-by-minute in the OR. Obviously, he should not have been derelict in his duty, and he was ultimately culpable for what happened. But when you consider the situation in context, it certainly becomes more nuanced.

Similarly, genetics and other seemingly inconsequential or subtle minutiae may matter. A Glendale DUI arrest, like a DUI arrest anywhere, needs to be taken in context.

For instance, consider last week’s arrest of 22-year-old Sean Owen O’Neill Jr., in West Goshen Pennsylvania. According to police reports, the 22-year-old was arrested last Thursday on suspicion of DUI, after he crashed his car into a home. Upon first looking at the story, you might be tempted to believe that Goshen’s incident was disconnected from anything in his past – maybe he was just a youth out for some reckless, careless fun.

However, one local paper describes his back story: “The arrest is the latest in the family’s string of legal problems. O’Neill served jail as a juvenile for a 2006 shooting at a party at his home. His sister, Roison O’Neill, is in prison for a fatal 2008 drunk driving accident. And their father, pub owner Sam O’Neill Sr., was recently deported to Ireland after serving time on a federal gun charge.”

As we were discussing above: Context, context, context.

What does this all mean, in a practical sense, for you, if you’ve been charged with a Glendale DUI?

It means that the way in which you and your Glendale DUI criminal defense attorney scrutinize what happened to you – before, during, and after your arrest – should have a profound impact on your capacity to fight back against the charges, avoid the worst penalties, and rebuild your life.

Not every Glendale DUI attorney has the track record, experience, and commitment to understand your arrest in the context in which it needs to be understood. Fortunately, you can connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123 ). As a former prosecutor and Harvard Law School educated lawyer, Mr. Kraut has the wherewithal and the connections to build your case.

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When you read about celebrities (or even relatives of celebrities) arrested for driving under the influence in Long Beach or elsewhere in the Southland, you have to feel a certain amount of sympathy and sadness. Celebrities, actors, politicians, well-healed CEOs and others who get into trouble with the Long Beach DUI laws inevitably face not only protracted legal troubles but also embarrassment and shame because, as important figure heads, they “should have known better.” So guilt and shame likely compound the already stressful situation.griffin-oneal-dui.jpg

Last week, Griffin O’Neal – son of actor Ryan O’Neal and daughter of the late great actress Farah Fawcett – pled guilty to felony charges of possession of a firearm by a felon and driving under the influence, according to a San Diego Union Tribune report. The 47-year-old had a strike on his record for a 1992 vehicular shooting in Los Angeles. He didn’t hit anyone with the bullets, but he did shoot up a car, apparently.

Griffin collided head first with a car in San Pasqual, CA last August. The Union Tribune reports that “toxicology test revealed that O’Neal had amphetamines, cocaine, marijuana and Xanax in his blood at the time of collision…(in addition) raw cocaine and loaded weapons were found in (his) vehicle.”

Interestingly enough, Griffin’s half brother, Redmond, had been stopped and arrested in Santa Monica the day of his crash, after police officers found heroin in Redmond’s car.

Once you’ve been arrested for a drug DUI in Long Beach, multiple alarm bells should probably go off. You don’t have to be Dr. Drew or a licensed psychotherapist to at least postulate that significant demons must be plaguing poor Mr. O’Neal. The question for anyone concerned with Long Beach DUI safety is: what should be done to treat people who are convicted for Long Beach drug DUI? And within the context of “what’s best for the defendant,” what can we do collectively to make our roads safer and more DUI driver proof?

These are obviously two huge questions – bigger than this blog post can tackle effectively. However, it’s at least helpful to raise them. The more we collectively think deeply about the news – not just scan it and gulp it down, but actually take the time to process its meaning and introspect on it – the better strategic thinking we will develop as a result.

On a more, specific, pragmatic note, if you need a Long Beach DUI criminal defense attorney, consider talking to Harvard Law School educated former prosecutor Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Attorney Kraut is a well regarded and well connected attorney who has excellent knowledge of the system and a deep and practical understanding of what it takes to win a DUI defense case.

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It’s no secret that driving under the influence in Beverly Hills or elsewhere in the Southland is a one-way ticket for disaster, for your license, your pocket book, your reputation, and potentially, your life and the lives of the people on the road. Hagarty-dui.jpg

If it’s such a “no brainer” to avoid driving DUI, than anyone with even a modicum of common sense should understand that violating California Vehicle Code Section 23152(a) or 23152(b) is less than a stellar idea.

It sure seems like a no-brainer. But why, then, do so many people get into so much trouble behind the wheel? Perhaps more interestingly, why do professionals in the legal system — even people who prosecute DUI cases day in, day out, as part of their livelihood — make the same blunders that “amateurs” do?

We can save the psychological speculation for a later time. It’s probably more interesting to take a look at specific examples, such as last Wednesday’s arrest of Yakima County Prosecutor Jim Hagarty. According to a local Seattle news report at www.kapptv.com: “The State Patrol says Hagarty rear-ended another car on South First Street about 7:15 last night. Troopers said Hagarty showed signs of impairment, so they arrested him and took him to the county jail for a breathalyzer test. The State Patrol hasn’t released the results of that test, but Hagarty was cited for DUI.”

When a prosecuting attorney gets arrested for DUI in Beverly Hills, Yakima County, or anywhere else, it’s a fascinating and certainly sad development. It should ring alarm bells as well as underline the fact that defendants in Beverly Hills DUI cases are diverse. They can run the gamut from serial offenders to paragons of rectitude.

We can analyze Hagarty’s arrest on a number of levels. On the one hand, the cynical reader might think it indicates that our Beverly Hills’ DUI problem is totally out of control: even prosecutors are getting into the act. The cynic might say: “lawmakers need to pass more draconian anti-DUI laws, and we need to “turn the screws” harder on anyone guilty of DUI.”

On the other hand, you can embrace a more expansive view, and appreciate that the challenges and struggles that lead people to drive DUI are profound, subtle, and worthy of compassion.

Perhaps the “assumed choice” – that we have to choose between punishing Beverly Hills DUI drivers or living with dangerous roads – is a false one. Perhaps one way to make roads safer is to understand the complex factors that drive people to commit crimes like Beverly Hills DUI. If we can root out the fundamental causes of bad, dangerous, distracted driving, then we can come up with better remedies. Our problems may be easier to solve than we realize.

For help from a Beverly Hills DUI criminal defense lawyer, connect with the team at the Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is an experienced, well-regarded former prosecutor who has the tools, resources, and connections to help you come up with your best defense.

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If you got arrested for driving under the influence in Pasadena or elsewhere in the Southland, what would your mug shot look like? excited-to-get-pasadena-dui.jpg

Would you be happy and smiling? Would you be giving “two thumbs up” to the photographer who snapped your Pasadena DUI mug shot?

Probably not.

How, then, can we explain the grinning mugshot of 24-year-old Michelle Watson, a driver busted for DUI last week in Prescott, AZ? During the arrest, she “shoved one police officer and kneed a second in the crotch during a profanity laced battle.”

According to reports from TheSmokingGun.com, Watson shouted to a police officer “I don’t have to walk f——- anywhere,” moments before she was tagged for DUI super extreme, after blowing a BAC more than three times the legal limit. She also faces charges of resisting arrest and aggravated assault.

Nevertheless, when the time came for Ms. Watson to take her mug shot at the local county jail, she “flashed a grin and two big thumbs up” for the cops.

Strange, isn’t it?

The first reaction that comes to mind is: she can’t REALLY be happy, can she?

After all, who would want to face Pasadena DUI penalties? These range from the mundane but annoying — loss of driver’s license, mandatory interlock ignition device in your vehicle, etc. — to scary and life-changing — potentially years in prison, if you committed an injury Pasadena DUI.

Of course, it could be that some Pasadena DUI defendants genuinely enjoy pushing the limits of the law and flouting the system. However, even a cursory analysis — and a dose of common sense — suggests that something’s going on underneath the surface here.

Lurking under Ms. Watson’s gleeful mug shot photo is almost certainly deep pain. Without access to her life story and inner monologue, one can only speculate about what that pain might be. However, even if we can’t ascertain her intentions, when you consider that deeper underlying factors might be involved, you can’t help but feel more sympathetic and compassionate.

For help planning your Pasadena DUI defense, connect with the team here at the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899 ). Attorney Michael Kraut is an experienced, accomplished Pasadena criminal defense attorney. He is a Harvard Law School educated former prosecutor, who can help you plan a stiff defense.

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Anyone who has sat and pondered the penalties for Long Beach DUI understands, on a visceral level, what fear feels like.Blaise-Melofchick-DUI.jpg

It’s not just the potential jail time that scares defendants. It’s all the other logistical, financial, and emotional headaches that come with the conviction. For instance, even if you are convicted for a minor misdemeanor Long Beach DUI — no property damage or injuries — you can face substantial mandatory alcohol school, court fines and fees, mandatory installation of an IID in your vehicle, license suspension, and, yes, possibly substantial jail time.

Those Long Beach DUI penalties are only the direct penalties. You still may have to face the indirect – the secondary, tertiary and quaternary “blow back” from your conviction – such as screwed up insurance rates, loss of support from friends, family members, and employers, self esteem problems, inconveniences both short term and chronic, and loss of self confidence.

Given all these disincentives, it’s not surprising that some people try their darndest to escape the Long Beach DUI process. Smart defendants might research and then retain a top-caliber Long Beach DUI criminal defense attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). (Mr. Kraut is an experienced, highly reputed attorney with the connections, strategic insight, jury trial record, and compassion to help practically any Long Beach DUI defendant, no matter how complicated or scary the situation.)

On the other hand, fear can also motivate some, shall we say, less than intelligent behavior.

Consider a baffling story out of Scranton, Pennsylvania, of all places. A 29-year old man suspected in a DUI crash left a medical center in leg irons to escape custody. Here is a report from therepublic.com: “Authorities say (the 29-year-old Blaise) Melofchik was arrested on suspicion of driving under the influence after police said he crashed into a parked car on Tuesday. Officers took him to the hospital after he appeared to be under the influence of opioids.” The Times Tribune (a local paper) reported that Mr. Melofchik managed to walk away from the Medical Center and escape undetected.

Even after “patrol officers swarmed the area looking for (him),” the search was unsuccessful. Authorities blamed the “breakdown in communication” for Mr. Melofchik’s escape. But the deeper story here is the fear, possibly terror, that the suspect felt which motivated him to undertake the risky escape. If he does eventually get rounded up, one might naturally suspect that additional charges will be thrown at him.

Do not overcomplicate your defense. Begin today by making smarter choices and by connecting with a reputable Long Beach criminal defense attorney.

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

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

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

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

Here are just a few speculative reasons:

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

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

Distractions abound.

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

Emotional/stress reactions to the DUI stop itself.

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

Officer subjectivity.

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

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

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Over the weekend, Los Angeles DUI Saturation Patrols were on red alert looking for dangerous drivers on California’s freeways and surface streets. halloween-dui-los-angeles.jpeg

A local police chief in Glendora issued a press statement summarizing the intent and purpose of the extra saturation patrols: “there isn’t a Halloween costume clever enough to hide an impaired driver who has made the poor decision to get behind the wheel.”

Halloween is notoriously a dangerous time for drivers. Like most national holidays, including Super Bowl Sunday, New Years Eve, Memorial Day Weekend, and 4th of July, Halloween is a time for community revelry. As a result, more people go out partying, and thus more DUI or near DUI drivers populate the roads, particularly at night.

National Highway Traffic and Safety Administration (NHTSA) statistics from 2009 found that nearly half of all Halloween night fatalities involved motorcycle riders or drivers who had BACs of 0.08% or higher – the legal limit for Los Angeles DUI, as per California Vehicle Code Section 23152.

The California Office of Traffic Safety, via the NHTSA, is funding the extra Los Angeles DUI Halloween saturation patrols.

What’s particularly scary about a Halloween DUI is the extra vulnerability of children.

While many conscientious parents make sure that their children wear highly visible costumes – like a white ghost or a princess with lots of silver glitter on her costume – some parents don’t give nearly enough thought to road safety and children. When you mix these two potentially dangerous elements – more “post-revelry” drivers on the road and lots of kids wandering around unfamiliar neighborhoods in difficult to see costumes – it’s not particularly surprising that you see accident rates spike and more people hurt and even killed.

What can be done to change the situation?

First of all, Halloween has always been a notoriously strange and unpredictable and in some ways dangerous holiday. Even the trick or treating itself – beyond the dangers posed by Los Angeles DUI drivers and potential child abusers – is risky in and of itself simply because of the nature of the treats given out to our children.

Candy is not exactly the healthiest food. All parents know that. However, riveting and compelling new scientific research suggests that eating sugar may actually precipitate a gamut of long term, complicated health problems, including but not limited to: insulin resistance, obesity, Type II diabetes, heart disease, and even many kinds of cancer.

So we may need to protect children not only against Los Angeles DUI drivers but also against more insidious threats, such as high fructose corn syrup in their trick or treat bags.

If someone you know and care about has been recently arrested for Halloween Los Angeles DUI, the team at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help. Attorney Michael Kraut is a former Deputy District Attorney with a fantastic success rate at jury trials and an impressive background – including 14 years as a former prosecutor and a Harvard Law School education.

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In 2007, “Freaky Friday” actress Lindsay Lohan was arrested on a relatively routine charge of driving under the influence in Los Angeles.Michael-Lohan-Domestic-Violence.jpg

Since then, Lohan has engaged in bizarre behavior, faced probation violations, and generally conducted herself publicly in what one might charitably describe as an “unusual” manner.

In a two part series, we are going to take a look at some of the most recent developments in Lindsay Lohan’s post 2007 Los Angeles DUI saga.

In this article, we will discuss the latest legal trouble facing her father, Michael Lohan. In a post later on this week, we will talk about Lohan’s amazing offer from Playboy Magazine to strip naked for the magazine for $1 million.

But first, let’s review what happened to Michael Lohan. According to TMZ.com and other outlets in the blogosphere and major media, Lohan was arrested in Florida last week… twice!

Early in the week, Michael allegedly hit his ex-girlfriend, Kate Major, at her apartment, sparking an arrest on charges of domestic violence. Barely 12 hours later, Michael called Kate and harassed her. Concerned for her safety, she called the Tampa police, who responded. Officers considered Michael to be a threat, so they headed to place him under arrest.

What happened next? Something completely amazing: instead of submitting quietly to the arrest, “Michael tried to escaping by hopping his third store balcony…but fell 34 feet to the ground, crashing onto some wooden chairs…and then he try to hide in some trees.”

Needless to say, Michael was ultimately apprehended and placed under arrest for violating the condition for his pretrial release and resisting arrest. Kate later told TMZ, clearly in fit of pique: “he [Lohan] has no regard for the justice system. He can beat up women, but Mr. Tough guy who slurred his words calling me five times after getting into jail wasn’t too tough by jumping off a third floor balcony into a tree to try to flee from going back to the same jail he just got released from less than 12-hours ago.”

Wow. It’s a big mess, and it appears to be getting bigger.

Of course, it’s important to try to draw some lessons from the sordid public tales of the Lohans’ runs-ins with the law, as opposed to merely mindlessly spectating the downward spiral.

Driving under the influence in Los Angeles or anywhere else in California is a crime punishable according to California Vehicle Code Sections 23152(a) or 23152(b). The punishments can be quite severe – they can include jail time, forced probation, loss of driver’s license, mandatory alcohol classes, indirect bad effects on your insurance rates, etc. If you complicate the situation by, for instance, hurting someone while DUI, resisting arrest, etc, you could face additional charges, including the possibility of having a misdemeanor charge elevated to a felony charge.

Not good news.

Fortunately, an experienced Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you. Michael Kraut, the lead attorney, is a former city prosecutor (14 plus years as a Senior Deputy DA), and he has great relationships with prosecutors and a deep understanding of how the legal system works on a practical level.

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Getting pulled over for driving under the influence in Long Beach or anywhere else throughout the Southland (or the U.S.) can be a humiliating experience. The level of humiliation gets ratcheted up substantially, however, if you happen to be a public, elected official.HOPPER-RANDY-DUI-long-beach.jpg

When lawmakers, police officers and others entrusted with the public good do bad things – such as drive DUI in Long Beach or elsewhere – the media pores it on.

Consider last week’s arrest of ex Wisconsin state senator Randy Hopper, who, per a story in the Green Bay Gazette, got pulled over in a Wisconsin parking lot, after witnesses saw him nearly collide head first with another car. Officers administered field sobriety tests to Hopper. He apparently failed, big time – he could not balance, could not say the alphabet, etcetera.

After his arrest, Hopper pleaded with the arresting officer, Deputy Nicholas Venne: “Will you put down there that you didn’t think I was that I (was) driving; you never saw me driving; you don’t know I was driving. I didn’t do anything illegal.” Hopper refused an evidentiary breath test, but jail staff did get a preliminary breath test which suggested that his BAC was around 0.13% — significantly higher than the cut off for Long Beach DUI of 0.08%, pursuant to California Vehicle Code Section 23152.

To put it mildly – Hopper has not had a shining last few years. In a recent election, Hopper lost his senate seat to democrat Jessica King by a margin of 51% to 49% — analysts believe that the razor thin defeat was fueled in part by Hopper’s messy divorce. He apparently left his wife for a lobbyist, Valerie Cass, who witnessed the arrest. According to one report, Cass “reportedly became upset… and yelled at the family who had called the police.”

So what are some lessons this story can teach Long Beach DUI defendants?

1. What you say or do after your DUI arrest can matter – and come back to haunt you.

The fact that Hopper blew a 0.13% BAC preliminary breath test and uttered recorded comments to Deputy Venne may complicate his legal defense.

2. Anyone can get tagged with a DUI.

Just because you are an elected official or a police officer or some other “special person” does not immunize you from the consequences of driving DUI in Long Beach.

3. Your choice of Long Beach DUI defense attorney is pivotal.

The quality of your legal defense can fundamentally influence your potential sentencing – as well as your ability to rebound, long-term, from what happened to you. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) is an experienced former prosecutor with a phenomenal success rate at jury trials and a great reputation within his industry. Judges, former prosecutors, and others in the system all greatly respect him.

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