DUI Consequences

August 9, 2011

Beverly Hills DUI Arrest Bombshell? Lindsey Lohan’s Ex-girlfriend Stopped for Racing in Bakersfield

Every Beverly Hills DUI blog lights up every time a new twist emerges in the sordid, epic tale of actress Lindsey Lohan’s legal drama. Last week, some news broke that’s only tangentially related to Ms. Lohan… but it still caused ripples in the blogosphere and may hold indirect lessons for people out there who’ve recently been stopped at a Beverly Hills DUI checkpoint.

Lohan’s ex-girlfriend, DJ Samantha Ronson, got pulled over outside of Bakersfield last Monday for speeding. Ronson allegedly raced 90 miles over the speed limit in her Porsche Targa.

Ronson admitted that she had consumed alcohol hours before hopping into the Porsche. Ronson was put through a balance test. As regular readers of this blog appreciate, Beverly Hills DUI field sobriety tests can be quite involved and can involve tests like the Rhomberg test, the finger to the nose test, horizontal gaze nystagmus test (often the first one given), counting backwards, walk the line test, etc, etc. FSTs can be quite the ordeal.

August 3, 2011

Long Beach DUI Homicide Tragedy: Suspect in Fatal DUI Jumps to his Death in Prison Cell

by Michael Kraut

A fatal DUI in Long Beach is always a needless tragedy. We can all agree on that.

But sometimes horrific events can be ratcheted up in terms of their horribleness fivefold, thanks to “after the crash” mistakes, errors of judgment, lack of decisive positive action, and so forth.

Indeed, many cases of DUI in Burbank, Glendale DUI, Pasadena DUI, Los Angeles DUI, and DUI elsewhere throughout the Southland take turns for the tragically worse – when defendants react non-resourcefully to their situations.

This is all little abstract. So let’s bring it home with a specific example – a case out of suburban Philadelphia. Last week, a 45-year old man, Mathew McNamara, apparently killed himself in prison. He had been charged with vehicular homicide while driving under the influence, after a July 13 automobile accident killed a woman and hurt a child.

According to a local Indiana paper, the Daily Reporter (out of Greenfield, Indiana), McNamara “died from injuries sustained in a fall from the upper level of the cell block at a central Pennsylvania prison… police say accounts of McNamara intentionally jumping from the cell block’s upper level are consistent with surveillance footage.”

Obviously, if you played any role in a fatal Long Beach DUI event – even if you were not fully culpable – the grief and guilt may be weighing heavy on your heart. Even if you caused only minor damage – such as a Long Beach DUI with injury or just damage to an automobile or property – you may be feel overwhelmed, confused, and, frankly, angry at yourself.

But you can’t turn back the clock. What’s done is done. You made a mistake — or you got unfairly charged. And that’s the reality now. The question is: how do you deal resourcefully with your circumstances?

A Los Angeles criminal defense attorney can help you plot out a strategy for your defense, combat charges, and clue you into outside resources to help you deal with your alcohol problem (if you have one).

You face fundamental choices. You may need to make reparations to someone you harmed. But there are resourceful ways of doing this that can not only help release your guilt but also help the victim – or the victim’s family – come to turns with what happened and experience emotional relief.

Doing all this is tricky. And right now, you are probably most concerned with urgent issues: Will you go to jail? For how long? What are your other punishments? What can you do to bring order to this chaos? Etcetera.

Turn to Long Beach attorney Michael Kraut at the Kraut Criminal & DUI Lawyers (444 West ocean Suite 800  Long Beach, California 90802 (562) 531-7454) for help with your situation. Mr. Kraut is a former Deputy District Attorney (a high profile prosecutor), and he can help you understand what to do next.

July 29, 2011

Burbank DUI Brouhaha: Hines Ward’s Arrest Sparks Critical Tweet from Ray Rice: Steelers and Ravens at it Again, Months Before Pre-Season…

by Michael Kraut

Burbank DUI sports news often follows a relatively simple, predictable script.

An athlete – such as four time pro-bowler and “Dancing with the Stars” champion like the Steelers’ Hines Ward – gets pulled over for a crime like driving under the influence in Burbank, DUI in Pasadena, Glendale DUI, Los Angeles DUI, or DUI whatever – and then the athlete and his/her team launches into a double-pronged defense:

1. Deal with the legal and logistical fallout of the arrest.
2. “Spin” the publicity to minimize damage to the athlete and/or his/her team or league.

As this blog (we believe, astutely) pointed out last week – back when everyone was huffing and puffing about the Carmageddon disaster that wasn’t – the Steelers’ wide receiver’s July 9 arrest outside Atlanta, Georgia sparked far more publicity than Ward, the Steelers, or probably the NFL as a whole would prefer.

But the drama isn’t over.

The latest salvo was fired in cyberspace… by none other than Baltimore Ravens’ runningback, Ray Rice, who tweeted, chidingly, that Ward’s alleged actions were “not a good look.”

Side note: You may or may not know this, but the Pittsburgh Steelers and Baltimore Ravens are huge rivals. So when a Ravens star publicly scolds a Steelers star, you can expect sparks to fly.

If you are concerned mostly with Burbank DUI news, you might not be aware of just how viscerally Ward’s arrest (and Rice’s retort) impacted citizens on those two east coast cities. But the broader lesson here is the sheer unpredictability of the story.

While the press obsessed about Carmageddon (and barely even touched on the Hines Ward story), guess which story had more “legs”? Surprise – the Ward story did.

This kind of unpredictability holds true not just for sports DUI arrests – but also for “every day” simple misdemeanor arrests for things like violating California Vehicle Code Section 23152(a) or 23152(b) in Burbank. Obviously, most people who get arrested take their situations seriously. But what they may not realize – or at least not fully grasp to the extent they should – is that the law of unintended consequences is almost certain to “visit” your case and create challenges that you did not anticipate.

So what do you do?

As author Nassim Taleb illustrated so nicely in his book, The Black Swan, you cannot predict, with 100% accuracy, these disruptive “bolt out of the blue” events. But you can prepare against them! For instance, by retaining an experienced, creditable Los Angeles criminal defense attorney to build your Burbank DUI case, you can increase your odds – not just of general success – but also of being able to manage “bolt out of the blue” type surprises without getting stressed out and without compromising the quality of your defense.

Attorney Michael Kraut (of Burbank’s Kraut Criminal & DUI Lawyers –  2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you understand your options and build a strategic defense. Mr. Kraut is a former Harvard Law School educated former LA city prosecutor, and he provides free, confidential consultations.

July 25, 2011

Glendale DUI and 2012 Presidential Election: Could Crenshaw County Arrest Derail “Dark Horse” Presidential Candidacy?

by Michael Kraut

A Glendale DUI arrest might have radically altered your life and, potentially, your family’s future. But an even more profound (at least from the perspective of national politics) arrest took place last Sunday in Crenshaw County, Alabama, when Caleb Moore, the 20-year old son of possible presidential contender Roy Moore, got pulled over on suspicion of speeding. Police arrested Moore on charges of possessing drug paraphernalia and controlled substances and driving under the influence. Now how, you might ask, does Mr. Moore’s arrest tie back to both the 2012 presidential campaign and to issues germane to those who’ve recently been stopped and charged with Glendale DUI, Pasadena DUI, Burbank DUI, Los Angeles DUI, etcetera?

Let’s go slowly, and we’ll tie it all together.

First, understand that Moore’s arrest creates a certain degree of trouble for his father’s presidential aspirations. Roy Moore, if you might recall, is an extremely conservative former Alabama Supreme Court Justice who famously was removed from office for refusing to remove a monument of the 10 Commandments from the court’s lobby. This defiant act made him a hero to many social conservatives. Given that Moore tried to cultivate a persona as a morally upstanding figure, his son’s arrest might damage his image.

According to the Washington Post, Roy Moore is refusing to talk about the details of the arrest “because his son has applied to be treated as a youthful offender.”

But rather than get side-tracked on a tired discussion about political morality and hipocracy, let’s think about this situation from a more compassionate point of view. Many people – including friends, family members and co-workers – are quick to “judge” anyone arrested for driving under the influence in Glendale. Even if you clear your name by, for instance, showing that you passed all of your Glendale field sobriety tests or that the police made a mistake, you may find yourself subjected to a lot of subtle moral judgments.

How do you deal with all of that?

The answer is trickier than you might think. If you really do have a problem with alcohol — or even with impulsive decision-making in general — you want people to tell you the truth. You want to address the root causes of that behavior. On the other hand, you want to be able to separate yourself from your DUI arrest – to avoid having the arrest become a kind of albatross hanging around your neck, dragging down your self esteem, your work prospects, and infecting your relationships with colleagues, friends, and family members.

Cultivating the most appropriate response begins with getting good help. Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide a free consultation to help you sort out your strategic options. Mr. Michael Kraut, an experienced and highly regarded Los Angeles criminal defense attorney, will work with you to help you come up with a plan that meets your needs, goals, and principles.

July 19, 2011

Pasadena DUI Sports News: DUI Charge Dropped against University of Montana’s QB, Montana

by Michael Kraut

What if you could just click your heels three times and make your Pasadena DUI charge disappear, like something out of the Wizard of Oz? That’s obviously impossible, even for the most adept Los Angeles criminal defense attorney. But you may have more resources to battle charges of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI than you realize.

Situations that at first seem dire can often be resolved successfully through negotiation, strategic planning, and well-directed effort. Consider, for instance, the case of Nate Montana, a quarterback for the University of Montana and the oldest son of Hall of Famer Joe Montana (try saying “Montana” three times fast). On June 3rd, the younger Montana got pulled over and arrested under suspicion of DUI. He refused a breathalyzer test but performed relatively well on field sobriety tests. Ultimately, the Missoula County Attorney’s Office decided that Montana’s performance on the FSTs did not merit a DUI charge. Montana worked out a plea deal. He agreed to pay $435 in court costs and fines, participate in a chemical dependency program, and accept a six month license suspension (because he refused the breath test). In exchange, the court suspended a 90-day jail sentence for the Grizzlies’ QB.

This was not Montana’s first brush with the law – or with charges of intoxication. Last year, while playing for Notre Dame, he and 10 other Fighting Irish athletes were busted for underage drinking and charged with misdemeanors.

If you’ve been recently hit with a charge of driving under the influence in Pasadena, you might be wondering how this “football royalty’s” experience relates to yours in a constructive way. It does, obliquely. Nate Montana’s experience illustrates that DUI defendants – even ones who perform inadequately on Pasadena field sobriety tests (e.g. figure to the nose, Rhomberg, walk the line, counting backwards by threes, etcetera) can rebound surprisingly quickly from their charges and from the humiliation, frustration, and agitation.

The first step is getting the best help you can and identifying a clear path toward success. Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you outline, sketch out, and move forward with an appropriate strategy based on your needs, concerns, and principles. Mr. Kraut is a renowned former prosecutor who often appears on television (and in major newspapers) as an expert guest commentator on DUI news issues.

July 11, 2011

Long Beach DUI Object Lesson: When to Hold Your Tongue

by Michael Kraut

Ask anyone who specializes in helping people who have recently been charged for driving under the influence in Long Beach about their experiences, and you will hear a common refrain: Drivers often needlessly dig themselves deeper after getting stopped, and these stupid post-hoc actions often cause far more legal trouble than defendants realize.

Let’s say you get pulled over for driving under the influence in Pasadena, Glendale DUI, Los Angeles DUI, Burbank DUI, or what have you: Likely, you will feel terrified, angry, frustrated, ashamed, and many other emotions. In that highly volatile, spiked emotional state, you might say or do things that can make your legal woes infinitely worse. For instance, you might swear at or hit a police officer, leave the scene of an accident that you just caused, or even try to flee an accident by swimming across a local reservoir (as a Boulder Colorado woman recently tried to do – this blog covered that last week).

Perhaps the most common mistakes come from failing to hold one’s tongue.

By saying things to the police like “I only had 6 drinks,” talking back to police, prematurely confessing to guilt in an accident, and so on, you might, within a span of seconds, accidently add months or even years to your sentence.

Last week, a DUI suspect in Santa Rosa illustrated this lesson literally. According to California Highway Patrol reports, Olan Yahal Mitchell got pulled over early Saturday morning on the 101. The suspect refused to take field sobriety tests (common Long Beach field sobriety tests include walk the line test, finger to the nose test, Rhomberg test, other balancing tests, reciting the alphabet backwards, counting backwards, etc).

According to officer Jonathan Sloat: “While seated [in the police cruiser], Mitchell began to lick the keyboard of the officer’s computer…the officer ordered Mitchell not to interfere with any equipment. Mitchell repeated his behavior, and the officer reached in to move the computer out of his reach… That’s when Mitchell kicked the officer, promoting both officers to restrain him and put him in the back of a “caged” patrol cruiser.”

At the end of the day, Mitchell was charged not only with DUI, driving without a license, and possessing marijuana but also with resisting arrest and battery on a peace officer.

As a qualified Los Angeles criminal defense attorney will tell you, those extra two charges – the battery charge and resisting arrest charge – will almost certainly compound the defense.

Part of the problem is that, if you’ve already committed a crime (or likely crime), you may be in an irrational state of mind. Thus, you might not realize the consequences of your continued criminal conduct. Education is critical – not only to help you deal with your current situation but also to help you avoid future mistakes and punishment.

Connect with Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) for a free consultation to go over your options and figure out a smart and strategically sound plan to go forward. Attorney Kraut understands how prosecutors think and react, since he actually was one for nearly a decade-and-a-half (Los Angeles Senior Deputy District Attorney).

July 1, 2011

Pasadena DUI Curio: Idaho State Senator Busted in Bizarre Truck Theft and DUI Case

by Michael Kraut

Last Monday afternoon, while most Pasadena DUI blogs (and, let’s face it, the entire news media) had attention turned towards the fatal catastrophe in Pennsylvania that took the life of Jackass co-star Ryan Dunn, Idaho Senate Caucus Chairman John McGee quietly bailed himself out of jail on a $5,000 bond, following a brief 10 minute hearing. The Republican Chairman of the Canyon County’s GOP was involved Saturday night in a truly bizarre disaster that surpassed any of the weird arrest and news stories involving Los Angeles DUI, Burbank DUI, Pasadena DUI, and Glendale DUI last week.

Let’s lift the lid on this curio and discuss its broader implications.

According to the Idaho statesman, “The 38-year-old Caldwell Republican was arrested early Sunday morning on a charge of felony truck theft and misdemeanor DUI, after police found him in the backseat of an SUV – towing a 20-foot trailer – that witnesses say he initially tried to drive off in.”

McGee apparently blew a 0.15 BAC level – nearly twice the Pasadena DUI limit of 0.08% — after drinking and partying at a golf course club house in Boise.

Around about 3 A.M., he hopped into a Ford Excursion and drove away… but then jackknifed the 20 foot rig before getting too far. Two teenagers watched the bizarre accident scene unfold, and the mother of the boys noted that “McGee appeared to be disoriented and hallucinating.” The Idaho Statesman also noted that the Senator’s attorney “might argue that a medical issue was at play.” A hearing has been set for the 1st of July, and many Idaho state political figures are keenly watching the outcome here, as it might have strong bearing on future elections.

One thing that’s striking about this story is that McGee was not exhibiting typical Pasadena DUI symptoms. Normally, someone under the influence might behave recklessly, incoherently, smell like alcohol, or blow a high BAC reading on a breathalyzer test. But if McGee indeed had been hallucinating — and if he did in fact have an underlying medical condition — these factors might influence the nature and quality of his defense. Obviously, it’s illegal to drive with a BAC level of greater than 0.08% in Idaho, just as it is here in Pasadena. But your Los Angeles criminal defense attorney will probe the details of your arrest for facts just like these to help construct a sympathetic and smart defense. After all, your punishments (and potential counterarguments to prosecutorial charges) depend intimately on a clean and vivid accounting of the true facts of the DUI stop and any subsequent acts that you or police officers took.

Pasadena’s Michael Kraut (Kraut Criminal & DUI Lawyers located at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the track record and success at jury trials, knowledge of prosecutorial tactics and strategies, and diverse experience you need to identify your most strategic path to success. This may not mean getting all of your charged dropped, but it will mean feeling less overwhelmed, anxious, and confused. And more confident about exactly what you need to do to restore your life and make amends for any wrongdoing you committed.

June 21, 2011

Burbank DUI Reflections: Terrifying Checkpoint Escape in Kansas City, Missouri Seriously Injures Civilian

by Michael Kraut

This blog has scrutinized dozens of Burbank DUI news items since its inception. One of the big takeaways is that drivers have a propensity to act irrationally and dangerously even after they have been stopped and arrested; and it’s often these “post-DUI” behaviors that transform ordinary, simple charges of Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI into life-altering legal crises.

Case in point: A terrifying story out of Kansas City, Missouri has the local police department and concerned citizens on edge. Early Saturday morning (the Saturday before last), a driver waiting at a sobriety checkpoint on Troost Avenue at 2:15 A.M., zipped out of line and hit a civilian police department employee. Here is a chilling quote from KMBC News in Missouri: “Investigators sayof the employee hit the hood of the Dodge and was on it for several blocks. The car also hit a police cruiser parked nearby. An officer fired a shot as the car drove off, but no one was hit. Police searched the area for several hours after the incident, but they have not been able to find the driver.” The civilian employee was taken to a hospital with serious injuries. He had spent eight years working for the department and he was in his mid-30s.

The details of this checkpoint accident make it all the more gruesome: Can you imagine being hit out of nowhere by someone driving DUI in Burbank and then carried on that person’s hood for several blocks before being dumped on the side of the road and seriously injured?

Sure, the driver of the Dodge might have been arrested and got into serious trouble had he simply gone through the checkpoint and failed a field sobriety test or breathalyzer test. But now if and when he gets rounded up, he may face far more intense charges. Consider just the difference between a standard Burbank DUI misdemeanor, as defined by California Vehicle Code Section 23152(a) or 23152(b), versus an injury DUI, as defined by CVC Section 23153(a) or CVC 23153(b). In one case, the crime is a misdemeanor. In the second case, the crime is a felony. A felony charge can land you a jail sentence of significantly more than a year.

This checkpoint evader could also face a whole battery of additional charges which will complicate his defense and lead to enhanced penalties and fines – and that’s not even beginning to talk about the damage he caused to the poor civilian volunteer of the Kansas City PD.

A Los Angeles criminal defense attorney can help you develop and follow through on the most appropriate defense to the charges against you. The longer you wait after your arrest to get good help, the fewer resources you may have. Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you now. Attorney Michael Kraut is a tremendously experienced lawyer – both on as a prosecutor and defense attorney. Major media, such as KTLA News, The New York Times, Fox News and CNN, often look to Mr. Kraut as an expert commentator regarding Burbank DUI news.

June 17, 2011

Glendale DUI News Goes from Bad to Worse for MLB, as Video Emerges of Braves’ Derek Lowe Yelling at Police

by Michael Kraut

Sports fans – particularly baseball fans – have not had a good 2011, at least judging from the news stories picked up on by Glendale DUI blogs (and other blogs that follow sports and celebrity criminal behavior). 37-year-old Atlanta Braves pitcher Derek Lowe was arrested on April 28 in a suburban Atlanta neighborhood. (Lowe signed a four-year contract worth $60 million prior to the 2009 season.)

A new videotape has emerged – obtained by the AP from the Georgia Department of Public Safety – that shows the star pitcher arguing with police officers “repeatedly saying he was not drinking or racing.” According to the tape, Lowe insists that he had not been racing at 90 miles per hour: “Who am I trying to race? Why would I want to race anybody? I live two blocks from here.” The officer who pulled him over retorted furiously “quit trying to lie to me…do you want to start telling the truth now or do you want to keep lying to me?”

Celebrities who face charges of DUI in Burbank, Glendale DUI, Pasadena DUI, and driving under the influence in Los Angeles or elsewhere in Southern California often contend with this extra problem – how will officers react once their true professions are known?

According to a USA Today article on the Derek Lowe video, the pitcher “seemed reluctant” to bring up the fact that he played for the Braves. After being pressed, he responded “I play baseball and once you say you play baseball, you are already guilty. I play for the Braves, so there you go.”

Although Lowe’s charges were dropped several weeks after his arrest, the pitcher made a public apology and generated some clearly unwanted attention for his team and his sport. Lowe’s experience illustrates that there are many ways during the Glendale DUI arrest process to compound a bad situation and make it even worse. If you get into an argument with a police officer, resist arrest, leave the scene of an accident, lie or conduct yourself in an appropriate manner, your Los Angeles criminal defense attorney may have a more challenging time getting your charges dismissed or getting them pled down to lesser offenses.

Many clients have had wonderful experiences working with Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Lead Counsel Michael Kraut spent many years as a Los Angeles city prosecutor – striving to convict DUI offenders. Now, as a criminal defense lawyer, he brings his impressive credentials and knowledge of prosecutorial tactics and mindset to help his clients.

June 6, 2011

Los Angeles DUI Memorial Day Numbers Are In – Stats are Similar to 2010s, and That’s Kind of a Shame

by Michael Kraut

The California Highway Patrol released its Los Angeles DUI Memorial Day weekend statistics. According to various sources, CHP officers arrested 230 motorists in L.A. County from the period starting midnight Friday, May 27th, through midnight Monday, May 30th. All told, statewide, nearly 900 people were arrested for DUI – 132 fewer than 2010. So that’s good news, for the state. But in Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI news, other numbers weren’t so terrific. For instance, three traffic related DUI deaths happened in the first 36 hours of the Memorial Day weekend – thus L.A. County accounted for half of the six total California fatalities over Memorial Day.

Law enforcement officials are staging another anti-DUI effort starting on July 4th weekend ending on Labor Day weekend.

It’s a statistical reality that Los Angeles DUI injury accidents are far more likely to occur during holidays, such as Memorial Day, July 4th weekend, Labor Day, New Year’s Eve, and Super Bowl Sunday. Why?

The answer is at first blush obvious: more people party on those weekends. Therefore, more drivers — on average — will likely be under the influence of alcohol, drugs, prescription medications and thus more likely to commit injury accidents.

But take this idea and follow its logical extension: you might come to some pretty interesting conclusions. Holidays encourage reckless behavior. So since carousing leads to an increase in DUIs, would restricting or eliminating holidays therefore reduce DUIs?

In other words, say, starting immediately, we decided to end all national holidays – no more Memorial Day, no more Labor Day, Veterans Day, Thanksgiving, Christmas, New Years, etc. These days would no longer be days on which people would celebrate, carouse, and be more likely to drive under the influence. Undoubtedly, this practice would save lives, probably hundreds of lives each year in every major American city — as well as prevent untold injuries and costs associated with property damage.

The question is: At what cost?

Would sacrificing all of our fun times and holidays be worth the trade-off of preserving life and protecting property?

Obviously, the philosophical implications are far too deep to explore in any length in a short blog post. But they are certainly interesting, and they go to show that controlling DUI is a lot more complicated than simply setting up a checkpoint here and there and spreading educational campaigns. These issues touch on the very fabric of who we are as a people.

A Los Angeles criminal defense attorney, such as Michael Kraut (Kraut Criminal & DUI Lawyers – 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028), a former prosecutor with a terrific record at jury trials, can help you understand how best to fight back against the charges you face. Whether you’ve caused minor property damage while DUI or got stopped at a checkpoint and tested to have a BAC level of just slightly over Southern California DUI limit of 0.08% BAC, Attorney Kraut can help isolate, design, and execute a sound strategy.