DUI Consequences

June 3, 2011

Burbank DUI Checkpoints Violating Civil Liberties?

The police officers who stop drivers at Burbank DUI checkpoints are empowered to remove dangerous drivers from the roads to enhance public safety. And while everyone can agree that we want to reduce and ideally eliminate Burbank DUI, Glendale DUI, Pasadena DUI, Los Angeles DUI, etc., civil liberties groups are complaining that DUI checkpoints are being used to generate impoundment fees… as opposed to eliminating DUI drivers!

According to a May 24th story from the Associated Press, a lawmaker in Northern California (Santa Rosa), Assemblyman Michael Allen (D), has proposed a law to “restrict the inspections to their intended purpose of stopping drunken driving.” Allen’s bill, AB 1389, points out that impoundments have leapt over the 50% between 2007 to 2009.

In many California cities, Allen says, “the ratio of impoundments to DUI arrest is 20 to 1.” The California Police Chief Association, among other enforcement agencies, denies that DUI checkpoints are being abused to generate impoundment fees. David L. Maggard, Jr. responded via e-mail that “DUI checkpoints are exclusively about safety.” Another Assemblyman, Kevin Jeffries, complained that the bill would tie up police and prevent enforcement of anti-DUI policy: “I was a volunteer firefighter for 29 years, and I saw a lot of carnage the road because of drunk drivers…this weakens our ability to catch drunk drivers.”

The bill proposed by Allen would codify a state Supreme Court ruling that “requires officers to conduct their checkpoints on roads that already have a high rate of DUI arrest or accidents, and then give advance notice of the location.”

Clearly, there has to be some way to find a balance here between respecting the rights and civil liberties of drivers and keeping our roads safe and clear of dangerous drivers.

Unfortunately, the way the system has been politicized, policy analysts, politicians, and many people in the legal system have been conditioned to believe that only “win-lose” outcomes are available. Either the police “win” or DUI drivers “win.” This kind of binary choice is obviously a false choice, if you probe the argument in any logical detail. Surely, we collectively can find ways to eliminate or reduce DUI driving and abuse of checkpoints and make our roads safer – all at the same time. It’s just going to take creativity and a little more willingness to both experiment with policy solutions and to measure the efficacy of the solutions in a smart way.

Changing our cultural expectations of drivers may help a lot more than simply punishing them. For instance, right now, in spite of the fact that California’s laws prohibit drivers from text message while driving, many people still do it anyway. If we can find a way to eliminate the “social permission” that we’re tacitly giving each other to text while driving, we can likely reduce accidents significantly – all without punishing anybody.

All of this philosophizing aside, a Los Angeles criminal defense attorney can provide crucial, tactical, and strategic advice and solutions for you, if you or someone you care about has been charged with a DUI crime. Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is a highly reputed former prosecutor (served as a Deputy District Attorney almost for 15 years), who is respected by prosecutors and judges and regarded by major media as an expert in Los Angeles DUI law.

June 1, 2011

Pasadena DUI Breathalyzer Machines: Could They Be Next on the Chopping Block?

by Michael Kraut

Attorneys and pundits who follow news about Pasadena DUI (and DUI throughout the country) are keeping a keen eye on Sarasota County, Florida, where an otherwise boring and workaday DUI trial may have profound implications for the use of DUI breath tests in Florida – and perhaps, indirectly, Southern California (e.g. Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI).

At issue is whether the Intoxilyzer 8000, a breath test machine that Florida troopers use exclusively, generates scientifically sound results.

According to an article in the Herald Tribune, “A five-year legal dispute over the machine has left prosecutors in Sarasota and Manatee counties unable to use Intoxilyzer 8000 test results to trial without bringing experts to prove the machine is scientifically sound… if prosecutors prevail, the hearing could save one of the most powerful pieces of evidence in DUI trials… but if not, prosecutors may not be able to use alcohol breath test in DUI trials, making it harder to prove cases or get DUI pleads.”

As this blog has reported, the Intoxilyzer 8000 is not the only breath test machine under fire recently. Both Southern California DUI breathalyzers and Vermont breathalyzers have come under heavy fire this year.

The Sarasota case has some very interesting details. The defendant, Felicia Bridwell, is a 25-year-old who was stopped last August. She admitted to having consumed two glasses of wine – “one at dinner and one at home” and performed her field sobriety tests adequately. But her Intoxilyzer results measured her BAC at 0.10% – greater than the 0.08% that marks the cut-off for Southern Florida and Southern California DUI. Her reaction was astonished and nonplussed: “Are you serious? Are you serious? I didn’t pass the test?”

Now, of course, just because certain breathalyzer tests are faulty doesn’t mean that no one drives DUI. It just means that the tests may be far more flawed than most people realize. Depending on whether you have certain diseases or conditions; whether you blow hard or soft into the machine; whether the machine is properly calibrated; and probably dozens of other factors, your reading may be higher or lower than your actual, real world BAC level.

Who knows how this campaign to demand accountability from our breathalyzer machines will end? Clearly, we need two things:

1. A way for authorities to better analyze BAC readings, so drivers get treated more fairly.
2. Creative, sensible solutions to eliminate or at least limit bad and dangerous driving behaviors.

These two aims may not be exclusive.

On the practical side, a Los Angeles criminal defense attorney, such as Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can give you clearheaded, strategically sound advice about how to build your Pasadena DUI defense. Mr. Kraut has the experience, track record, reputation, and compassion to meet your needs.

May 23, 2011

Pasadena DUI Implications of Vermont DUI Breath Test Failures?

by Michael Kraut

Those who cover Pasadena DUI stories often set their sites on parochial stories – that is, police blotter news items about things like Glendale DUI, Burbank DUI, Los Angeles DUI, and Pasadena DUI. But it’s often helpful to analyze national news as well to get perspective on how the goings on in other states might have bearing on the politics, science, and legal philosophy of Southern California DUI defense.
 Regular readers will remember that we have been closely following reports a few months ago on the revelation that many San Fernando DUI breathalyzer tests used from January to March this year had been compromised by technology flaws. Well… it turns out that Southern California DUI breathalyzer tests are not the only broken breath tests out there this year.

Check out this breaking news out of Montpelier, Vermont of all places (quote comes from the AP): “A mistake in the software setup on a breath analysis machine and whistle-blowers’ complaints about unethical lab work threaten dozens of drunken-driving prosecutions in Vermont. At issue are breath tests performed by a DataMaster DMT machine at a Vermont State Police barracks that authorities say was not set up properly. Amid a broadening inquiry by two defense attorneys, dozens of criminal convictions could be reopened and a handful of civil license suspensions are being overturned.”

The AP article also mentions that literally hundreds of DUI cases may be reopened and reevaluated because of other Vermont Department of Health machine maintenance problems.

Despite the snafu out of Vermont and the problems that we reported about here in Southern California, it’s unlikely that police officers and the public will seriously reconsider the efficacy of breath tests.

This is, in a word, frustrating. No matter how often blogs like this report on the potential technical glitches, human errors, and other problems that can distort readings and cause false positives (such as ketones on the breath, the fact that men and women process ethanol alcohol differently, the fact that the depth of the breath that you blow into the machine can alter BAC results, etc.), we still collectively give breath tests way too much “trust.”

An experienced Los Angeles criminal defense attorney can review the breath test that officers conducted on you and determine if and how to challenge those results. Michael Kraut (of Pasadena’s Kraut Criminal & DUI Lawyers – 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the facility and familiarity with DUI law you need. Mr. Kraut served for nearly 15 years as a prosecutor for the city prior to representing defendants of DUI crimes. He has a great track record at jury trials, and he has won the respect of peers in the legal community.

May 18, 2011

Glendale DUI Brouhaha Brews in Senate over Google and Apple Apps

by Michael Kraut

Mobile apps designed and provided by the likes of Google and Apple can “yield up” the locations of Glendale DUI checkpoints (and DUI checkpoints throughout the US). These apps have raised the hackles of lawmakers. Last Tuesday, a US Senate Subcommittee held a hearing with Apple’s VP of Software Technology to discuss the legality of apps that can alert drivers to checkpoints for Glendale DUI, Burbank DUI, Los Angeles DUI, Pasadena DUI, and so forth.

Two of the most popular apps are Buzz’d and Fuzz Alert. Senator Chuck Schumer lashed into the software execs about these apps in particular, saying that they “really only have one purpose” – to clue drivers into where police stakeouts might be. Schumer did not mince words. He told Alan Davidson, the Director of Public Policy for Google: “I hope you that you narrowly look at this app. You agree that it is a terrible thing, and it probably causes death.”

Apple defended itself by saying that the apps often just publish data in real time that the police department themselves put out. Schumer and others countered that this argument qualified as a “weak read” and challenged the software company to admit that the apps essentially are designed to help people violate laws like California Vehicle Code Action 23152(a) and 23152(b).

Likely, the debate over the legality and general fairness of apps like Fuzzed and Buzz Alert has only just began. One question that seems to have eluded the Senator is: “Should drivers really be using their mobile devices while driving in the first place?” After all, as this blog has documented many times over, some evidence suggests that driving while talking on cell phones – especially while texting – can be as dangerous as or perhaps even more dangerous than driving under the influence in Glendale or elsewhere.

Irrespective of how the police stopped you for DUI (checkpoint, roadside stop, etcetera), you would like the services of a highly reputable Los Angeles Criminal Defense Attorney to work out a plan for your defense. The Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) is dedicated to serving defendants through meticulous preparation and strategic planning. Lead counsel, Attorney Michael Kraut, is very experienced – he spent nearly 15 years as a prosecutor for the city before “switching over” to represent defendants. He is widely considered to be an expert in Los Angeles DUI Law, and he has appeared on KTLA, Fox News, and other media to discus and analyze critical DUI cases.

May 17, 2011

Burbank DUI is Not the Worst Thing That Could Happen to You. You Could be Charlie Sheen…

by Michael Kraut

Obviously, no one wants to get arrested and charged for a crime like driving under the influence in Burbank or elsewhere in the Southland (e.g. DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles, et cetera). But it’s helpful to put your problems in perspective.

Consider the plight of the fallen-from-grace TV/Movie actor Charlie Sheen, whose “winning” escapades have been well documented in the celebrity tabloids and gossip blogosphere. Last week, Sheen found out that heartthrob Ashton Kutcher may be taking over his marquis role on the CBS series Two and a Half Men. During Sheen’s public meltdown this past several months, he has made some pretty acerbic comments regarding his past associates and friends. So it was not surprising to those who have followed the Sheen drama to discover that the former Wall-Street star was, shall we say, less than thrilled about the prospect of a Kutcher takeover.

Many commentators, including celebrity addiction specialist Dr. Drew, have hypothesized that the troubled actor’s problems may stem in part from chronic drug and alcohol abuse. It’s very difficult to adduce precisely how pharmacologically active compounds will influence the human brain. Although scientists have conducted some studies to examine how, for instance, marijuana smoking impacts judgment and reaction times; these studies are far from conclusive. This allows wild speculation to flourish not only among the punditocracy but also among addiction experts themselves.

If Charlie Sheen did “X” amount of drugs, what impact might that have on his brain? On his behavior? On the possibility of his getting his Two and a Half Men role back from Kutcher? The answers really are very difficult to say – and not just because Sheen’s public persona has been so tempestuous and difficult to understand. In fact, different drugs – and combinations of drugs – have wildly different effects on different people’s brains at different times.

Thus, if you’ve been pulled over and charged with a drug DUI in Burbank (or elsewhere), one of the first things that you and your Los Angeles criminal defense attorney will likely discuss will be the details of the arrest and what you did/consumed on the day/night of the arrest. Your personal history with drugs and alcohol; how your body and brain typically process these substances; whether you’ve been arrested in the past and for what; and what tests were used by the police can all have an enormous bearing on your potential 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 speak with you about how to develop and follow-up on the most appropriate and efficient defense. Mr. Kraut has a peerless reputation as a Los Angeles DUI expert – he is often called upon by major media to weigh in on breaking LA DUI news, and he served almost 15 years as a prosecutor for the city before choosing to “switch sides” and start representing criminal defendants.

May 16, 2011

Pasadena DUI Sports News: Ravens’ Sergio Kindle Pleads Guilty to DUI Charge, Gets Probation

by Michael Kraut

Driving under the influence in Pasadena with a blood alcohol concentration of 0.17% – more than twice the legal limit – is very likely to get you into trouble.

If you doubt this notion, just talk to Ravens’ rookie linebacker Sergio Kindle. The 23-year pled guilty last Tuesday in a case stemming from a December 2010 arrest. Police pulled Kindle over the day after Christmas on Interstate 95 and later tested him at a county detention center to discover that he had a BAC of a whopping 0.17%. That’s easily enough to constitute DUI in Pasadena, Glendale DUI, Burbank DUI, or Los Angeles DUI.

According to a Washington Post blog report on Kindle’s guilty plea, the linebacker will get two years of unsupervised probation and mandatory treatment and self-help meetings. If he violates the terms of the probation, Kindle could face nearly a full year behind bars. If the judges in Maryland take DUI probation violations as seriously as the judges do here in Los Angeles (ask Lindsay Lohan!), Kindle has plenty of motivation to reel in his behavior. The judge in this case allowed the probation because Kindle demonstrated “positive steps” during his rehabilitation. He spent five days in a facility in Owings Mills to get treatment for alcohol abuse, for instance.

Kindle also issued a statement of contrition during the hearing: “I am very remorseful for my actions. I am held to a higher standard and people look up to me. I see that it’s a problem and I am here to get it treated. I want to continue to address this as long as need be.”

When someone gets pulled over for DUI in Pasadena, the police will often subject them to tests known as Field Sobriety Tests, or FSTs. These involve observations, analyses, and physical and mental challenges to help the officers ascertain whether or not you are under the influence.

One of the first tests is something called a horizontal gaze nystagmus test. A police officer will test the motion of your pupils by flashing a flashlight in your face, for instance. Delayed pupil response may indicate that you are DUI. Other tests could involve balancing on one leg, tilting your head backwards, pacing back and forth across a white line, and even extending your arms in both directions, then closing your eyes and then trying to touch your nose with the tips of your fingers. Police may ask you to recite the alphabet backwards or count backwards. And your results in the tests may be combined with other kinds of assessments – if you are visibly intoxicated, stumbling, uncoordinated, smell like alcohol or admit to having consumed alcohol, the police will be more suspicious that you are actually DUI.

A Los Angeles Criminal Defense Attorney – such as Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you respond in a smart and proactive way to the charges against you to help you save your license, potentially avoid jail time, and regain a modicum of relaxed control of your life.

May 13, 2011

Los Angeles DUI for Rick Springfield: “Jessie’s Girl” Crooner Stopped in Malibu in His Corvette

by Michael Kraut

Last Sunday, while the entire world and possibly part of our space was focused on the breathtaking mission in Pakistan that resulted in the killing of Osama Bin Laden, some critical celebrity Los Angeles DUI news occurred that’s only just beginning to nab the attention of the blogosphere. Rick Springfield, the rock singer best known for his 1980s hit “Jessie’s girl,” was stopped around 8 o’clock in the evening on the PCH in his 1963 Corvette. Per a press release from the LA Sheriff’s Department, Springfield blew a breathalyzer test result of 0.10% BAC – as our readers know, any BAC reading of 0.08% or above can constitute DUI in Los Angeles, Burbank DUI, Glendale DUI, Pasadena DUI, etcetera.

According to a Los Angeles Times article on the story: “Sheriff’s deputies pulled over the soap-actor-turned-crooner in his 1963 Corvette around 8 pm, making the traffic stop near Pacific Coast Highway and Trancas Canyon Road… it was unknown what Springfield did that caught the deputies’ attention.”

After being arrested and brought to the Malibu/Lost Hills police station, the singer paid out a $5000.00 bond and secured release at 2 in the morning. (Incidentally, this was the same police station where Mel Gibson was held after his notorious anti-semitic rant and DUI in Malibu experience five years ago.)

Students of Los Angeles DUI law understand that different California vehicle code sections can apply, depending on the nature and circumstances of your arrest. Typically, traditional misdemeanor DUIs are charged pursuant to California vehicle code sections 23152(a) and 23152(b). But DUIs with injury can be charged according to two similar sounding but ultimately very different sections – 23153(a) and 23153(b). Even though there’s only one number different – a 3 instead of a 2 – do not be fooled! An injury DUI can result in the elevation of a misdemeanor charge to a felony count. Convicted felons can face significantly more jail time and higher penalties – they can also lose the right to franchise (vote) and have a much harder time re-acclimating to normal society after a prison sentence.

You don’t need to do serious bodily injury to another person to get a hit with a 23153(a) or 23153 (b) charge, either. That’s why it is so important – whether you hurt someone or not – to talk to an experienced Los Angeles criminal defense attorney about your strategic possibilities.

The Kraut Criminal & DUI Lawyers’ Michael Kraut (based in Los Angeles at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide calibrated, intelligent strategic advice. Mr. Kraut understands prosecutors because he actually was one of them – for 14 plus years. He is a Harvard educated attorney who often appears on the media to discuss Los Angeles DUI matters (e.g. New York Times, Fox News, KTLA, etc). Mr. Kraut can work with you to devise and follow through on an appropriate defense.

May 11, 2011

Burbank DUI Celebrity Drama Unfolds – Desperate Housewives’ Star Whapped with DUI: His Judge Father Apparently is Not Pleased

by Michael Kraut

This past week was very busy in terms of Burbank DUI and Los Angeles DUI celebrity news. An Atlanta Braves’ minor leaguer, Derrick Lowe; Notre Dame’s wide receiver, Michael Floyd; and crooner Rick Springfield all made big splashes. But second to Springfield’s arrest, the biggest Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI news had to have been the arrest of Ricardo Chavira, the Desperate Housewives star whose character is married to actress Eva Longoria’s character Gabny on ABC’s hit show.

According to various reports, Chavira was pulled over early morning on May 3rd – around 2:20 AM. Radar Online reported: “Chavira was released from the Van Nuys jail Tuesday morning after posting $25,000.00 bail. He refused to take a blood alcohol test after he was pulled over…” The 39-year old’s wife, Marcea Dietzel, had to make a difficult telephone call to Chavira’s dad, Texas Judge Juan Antonio Chavira, who told Radar online: “I had a got a call from my daughter-in-law to tell me that my son had been arrested for DUI this morning.”

Sounds like someone’s in for a difficult conversation with his dad.

Some motorists who get pulled over under suspension of DUI in Burbank often reject the breathalyzer test. Why? Aren’t breathalyzer tests pretty accurate?

If you listen to common lore, then yes. But if you actually look at the science – the objective analyses of breathalyzers – then that certainty you feel about their efficacy should melt away. Breathalyzers can give accurate BAC readings, but they can also be wildly off. For instance, as this blog has reported, certain conditions, such as diabetic ketoacidosis, can lead to very inaccurate readings. Essentially, chemicals on the breath called ketone bodies can throw off the breath test and lead to false positives. The depth of your exhale into the machine can also have a huge influence on the reading. This is often why police officers will tell you to take a deep breath into the machine instead of a shallow one. Shallower breaths will include less alcohol by volume and thus lead to lower BAC readings.

Officer errors, poor calibration, and differences among devices can also lead to confusion. An experienced Los Angeles criminal defense attorney can effectively challenge breathalyzer test results and leverage other legal resources and tools to help you defend against charges.

Attorney Michael Kraut (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) has won plaudits not only from clients, but also from professionals like prosecutors and judges, for his keen judgment, superior record at jury trials, and compassionate and sensitive handling of cases.

May 6, 2011

Glendale DUI Sports News – Coach Dikta’s Son Stopped for DUI in Deerfield Illinois

by Michael Kraut

Most incidences of driving of under the influence in Glendale have nothing to do with the game of football. Perhaps it’s because Los Angeles simply doesn’t have a professional NFL team. (The Chargers don’t count, folks.)

But more than any story about Los Angeles DUI, Burbank DUI, DUI in Glendale, or DUI in Pasadena last week, one sports-related DUI incident has caught the attention of fans throughout the Southland – Michael P. Ditka, the son of the famous Chicago Bears coach Mike Ditka, got stopped on April 20th for driving under the influence.

The Deerfield police report claims that Ditka’s black Hummer had been running in a parking lot with its headlights on. Ditka later protested: “I was not driving the car… I was parked. The keys weren’t even in the ignition. I plan on pleading not guilty.”

May 2, 2011

Beverly Hills DUI Drama No More (At Least for Christina Aguilera’s BF – Not So Much for Lindsay Lohan)

by Michael Kraut

Last week’s news about driving under the influence in Beverly Hills was not all about Lindsay Lohan – although the blogosphere did once again erupt in an avalanche of comments after Lohan got sentenced to serve her community service as a janitor at a morgue.

If you’re like most people, you’re probably sick and tired of hearing “Lohan, Lohan, Lohan” all the time – and you would like some more diverse stories about things like Glendale DUI, driving under the influence in Pasadena, Los Angeles DUI, and DUI in Burbank.

Some good news on the DUI front – at least for pop star Christina Aguilera, whose boyfriend, Matthew Ruthler, will not be charged with the crime of DUI. The Los Angeles County district attorney’s office rejected the prosecution’s case against Ruthler, citing insufficient evidence. To recap: on March 1, police pulled Ruthler over on suspicion of DUI. He blew a breathalyzer reading of 0.06% – 0.02% under the Beverly Hills DUI limit of 0.08%, as quantified by California Vehicle Code Section 23152 (b).