DUI Crime and Punishment

May 22, 2013

Criminal Charges for Two Motorcycle Officers Who May Have Lied Under Oath about Los Angeles DUI Stop

Breaking news in a story that has riveted the Los Angeles DUI defense community:

Two LAPD police officers, Phillip Walters and Craig Allen, face charges of falsifying a police report and perjury under oath. The officers were involved in a stop at Highland Park in 2010 as members of a DUI Task Force. A fellow officer, Cecilio Flores, saw a female driver go through two different stop signs, so he pulled her over. Flores said the woman had an odor of alcohol on her and bloodshot eyes – “classic” symptoms of Los Angeles DUI. He radioed Allen and Walters to help him with the stop. (This is technically known as a “hand-off.” In even more colloquial police terms, it’s called a “gimme.”)

Allen and Walters put the woman through a field sobriety test, booked her on charges, and took her to jail. Then Allen started up the paperwork… and that’s where all the trouble began.

According to prosecutor Rosa Alarcon, “[Allen] wrote that he was in the area when they pulled over the vehicle … he didn’t mention Flores.” Walters, for his part, testified at a DMV hearing that he saw the woman driving, when he didn’t.

Walters and Allen said that they both just made mistakes – they didn’t follow procedure correctly. But prosecutors countered that they committed perjury. After the two officers admitted to their errors, Charley Beck, the LAPD’s Chief, released this statement: “I do not believe that their intent was evil, just extremely misguided… the character of our organization is defined by the conduct that we condone. These actions were entirely unacceptable.”

Allen was fired from the force, and Walters remains on suspension from the LAPD. Interestingly – as Allen’s defense lawyer pointed out – “there was no motive… there was nothing to gain” from perjury
Who really knows what happened – why the officers did what they did. But the incident speaks to a broader point, which defendants charged with driving under the influence in L.A. need to understand: DUI arrests often get chaotic. Even observant officers can accidentally (or very occasionally, on purpose) mischaracterize what took place.

The key to building a sound defense, therefore, lies in your ability to examine all relevant evidence critically in context and respond intuitively and appropriately to the charges. That may sound like a tall order. Fortunately, you don’t have to work on this problem by yourself.

The team here at the Los Angeles’ Kraut Criminal & DUI Lawyers is standing by to assist you with your challenging legal situation and help you feel comfortable, focused, and motivated to fight back and move forward with your life. Attorney Kraut is an ex-prosecutor, whose opinions have been featured in the New York Times, Los Angeles Times, KTLA, and other big media.

May 12, 2013

Beverly Hills DUI Legal Blotter: Big Fight Up in Seattle Over HB 2030 Could Portend the Future of Southland DUI Law

by Michael Kraut

Everyone who cares about the public good wants to stop Beverly Hills DUI recidivist drivers from getting behind the wheel while under the influence and harming others and/or themselves.

The big question is: How do we do that? How do we make our system more just and more equitable at the same time?

This debate is obviously not just a local concern. Across the nation, states and cities are wrestling with questions like these – trying to balance needs to keep roads safe and needs to protect individual freedom.

According to an independent analysis, 40,000 people get arrested for DUI in the state of Washington, annually. Most are first time offenders. But 13% are recidivists. As followers of this Beverly Hills DUI blog know, recidivist offenders can be subjected to ratcheted up punishments, such as longer time behind bars, more alcohol school, stricter probation terms, longer license suspension terms, and on and on.

Dan Satterberg, a prosecutor for King County, hopes that a new DUI bill, HB 2030, will reduce the number of DUI recidivists. He said: “I want to focus on repeat offenders, not try for everything for everybody.”

HB 2030 would create mandatory jail sentences for second and third offenders. A recidivist can get out of serving a six month jail sentence (on second offence) if he wears a special sobriety bracelet and enters a program that would immediately alert law enforcement if he consumes alcohol.

Third offenders would be hit with a year of jail sentence and given an ID card that would prevent them from buying or being served alcohol beverages for a decade. It would also impose a mandatory Interlock Ignition Device (IID) installation after the arrest, but before the conviction.

Washington State representative Roger Goodman of Kirkland heard concerns from critics that HD 2030 may be overly harsh on first offenders. The costs associated are also high, but Goodman says those costs will be funded not by taxpayers but by offenders.

Without looking at the details, what’s nice (at least from a theoretical point of view) is that this law would give offenders choice: jail time vs. wearing a bracelet that can detect alcohol through the skin.

According to Goodman, increased prison time is not the answer. Satterberg spelled out this change of paradigm in DUI prevention/punishment: “The thing now that’s most promising…is that people are talking about DUI because, frankly, the answer is not new laws but in the attitude.”

The ACLU has expressed dubiousness over the mandatory IID installation. The ACLU said that a judge should have probable cause first. Goodman said he took the ACLU’s consideration to heart and said he and fellow legislators would try to rewrite the law before April 28 to address those concerns.

As someone who has been recently arrested for driving under the influence in Beverly Hills, you need insightful legal guidance. Attorney Michael Kraut is a Harvard Law School educated ex-prosecutor with the talent, processes, knowledge and dedication to get you good results. Connect with Mr. Kraut’s Beverly Hills DUI defense team now to set up your free case consultation.

May 10, 2013

Celebrity Pasadena DUI News: Cat Cora Arrest Videos Surface: Host Makes Fun of “Two Nerds” She Hit While DUI

by Michael Kraut

We’ve covered some pretty hairy and scary Pasadena DUI mug shots on this blog.

Even if you’ve been hiding under a rock over the past decade, you likely still remember Nick Nolte’s grizzled DUI visage from several years ago. He looked like he had just gotten out of bed.

On the other end of the spectrum, you probably also remember Cat Cora’s humdinger of a mug shot from last year. The host of Iron Chef and “Around the World in 80 Plates” got stopped for DUI in Santa Barbara last July, after she bumped another vehicle from behind.

Her unusually gorgeous mug shot likely made the folks at TMZ literally dizzy with excitement over how many website hits they would get. Even though Cora said she only consumed three beers before she got behind the wheel, breathalyzer test results found her BAC to be a whopping 0.19%. Just for comparison: The legal limit for Pasadena DUI is 0.08% BAC, as defined by California Vehicle Code Section 23152 (b).

Maybe Cora miscounted her beers. Or maybe her breathalyzer test had been off.

In any event, she later apologized for what happened in a statement: “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.”

That sober, reflective Cora was very different from the Cora that surfaced recently in a video taken right after the crash. The people inside the car that Cora hit shot some crazy footage of Cora, who apparently glibly dismissed their request for insurance information. “Just because I bumped your car?” she asked, indignantly.

She didn’t stop there:

“I’m being videotaped by two nerds who don’t want to go have dinner together … do something exciting with their lives … really … wow … sad.”

This kind of over-the-top reaction is surprisingly common in DUI cases in Pasadena and elsewhere. It’s not that offenders want to get into more trouble or hassle people. It’s that they are scared, confused, and emotionally ginned up. If, like Cora, you said or did “bad things” after your stop, do the right thing now and start researching effective legal help as soon as you can.

Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers is here to help you gather yourself, make sense of the charges, and resolve your stresses, anxieties, and concerns. Get in touch with Mr. Kraut and his responsible Pasadena DUI legal defense team today for much needed peace of mind.

May 8, 2013

Ridiculous Long Beach DUI Exploits: DUI Suspect Ignores Officer’s Pleas to Pull Over…and Heads to Burger King Drive-In, Instead!

by Michael Kraut

At first blush, many of the Glendale DUI stories that we’ve recently reported on sound almost made up – as if they were something ripped from the pages of The Onion (Jim Anchower’s “The Cruise” column, perhaps?)

But sometimes real life is actually more ridiculous than satire.

Case in point: According to the Sandusky Register, a 34-year-old man, Scott Sims, is in big trouble not just for allegedly driving under the influence but also for ignoring a police officer’s order to stop…and instead rolling up to Burger King to order a hearty, greasy meal.

The officer told reporters: “the operator was observed to have his window down and to be placing an order with the restaurant…I ordered the subject two times over my PA system to pull out of the drive-thru line.” Eventually, a Perkins Township officer flagged Sims down. The man confessed that he was “f**ked up” and agreed that “I should have just rode my bike to Burger King, but I was too hungry.”

Sims refused to take a breathalyzer test. He was arrested on multiple charges, including operating a vehicle under the influence, speeding, violating the open container law, and driving under suspension.

Not very good news for Sims.

In the abstract, it’s easy to snicker at this situation – to make fun of what happened. However, if you recently got arrested for driving under the influence in Glendale, you’re probably more sympathetic.

Why?

Because you know – from personal experience – what that incredible stress and heightened emotional state feels like. Even rational, professional people often make grievously bad decisions during and after DUI stops because of the animal-like emotional state that overtakes them.

Consider, for instance, the video footage that just emerged of Cat Cora’s DUI behavior. The Around the World in 80 Plates hostess called the people whom she rear-ended – while DUI in Santa Barbara with a 0.19% BAC! – “two nerds.”

Cora and Sims’ strange responses to their DUIs make more sense when you look at their stories in context. If you peruse the archives of our Glendale DUI blog, you will notice that story after story features a similar plotline:

1. Suspect does something stupid (like drives DUI);
2. Suspect compounds that stupidity by evading arrest, commiting a hit and run, saying dumb things to officers, and so on and so forth.

The question is: Now that you are sober and contemplative, what can you do? How can you respond smartly to your Glendale DUI charges?

Every situation is different, and the team here at the Kraut Criminal & DUI Lawyers is prepared to help you approach your situation systematically and alertly. Get in touch with ex-Senior Deputy District Attorney Kraut and his team now to schedule your free consultation.

May 3, 2013

Long Beach DUI Sports News: Trumaine Johnson of St. Louis Rams Busted for Misdemeanor DUI in Missoula

by Michael Kraut

Although this blog focuses on Long Beach DUI cases, we’ve been covering a surprisingly sizable number of cases out of the Big Sky State of Montana recently.

To wit, The Associated Press is reporting that Trumaine Johnson, a cornerback with the St. Louis Rams, got arrested for a misdemeanor DUI, after police saw him driving without his headlights.

Like many Long Beach DUI defendants do, he refused a breath test. Police booked him into jail. He later secured his released on a $700 bond. The former University of Montana star had a great first year with the Rams, racking up 31 tackles and 2 interceptions as a first year player. Not bad.

Obviously, without knowing any more details, we can only speculate on what happened — why he got the DUI. Perhaps, for instance, he would have passed the breath test had he chosen to take it. As we’ve reported in multiple posts, DUI breath tests are surprisingly unreliable – in both directions. For instance, if you exhale very lightly into a machine — or if the machine isn’t calibrated — you can blow a negative, when really you’re technically positive for Long Beach DUI. On the other hand, if you blow a very deep breath — or if you’re on an intense ketogenic diet, or if you have diabetes — you can easily blow a false positive.

It’s easy to get lost in technical details.

To that end, consider investigating your Long Beach DUI charges with the help of a qualified, respected attorney. You might also aim to focus on the deeper reasons for your Long Beach DUI stop. Perhaps the police treated you unfairly. Perhaps you weren’t even under the influence – or just barely under the influence.

In an ideal world, you want not only to beat the charges but also to prevent similarly embarrassing/danger situations from happening again.

To protect yourself (and others), you need to be very honest with yourself (and with your attorney) about what exactly happened, why, and what you can do to avoid trouble in the future.

These questions can touch on deep, troubling topics.

That’s why the most respected Long Beach DUI defense attorneys are excellent listeners – they often need to do both the “nuts and bolts” work of executing a defense and the “softer” work of counseling clients to help them become safer, more conscientious drivers.

For help managing your Long Beach DUI case, connect with the astute, thorough team at the Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is a former prosecutor (Senior Deputy District Attorney) who has tremendous experience on both sides of high level DUI cases.

May 1, 2013

Lucky for Yovani Gallardo, Brewers Pitcher Got Arrested in Milwaukee, Not Burbank, for DUI

by Michael Kraut

A first offense for driving under the influence in Burbank is punishable as a misdemeanor (or felony if you hurt someone). But a first time DUI in Wisconsin is just a citation.

That’s probably very good news to Yovani Gallardo, a pitcher for Milwaukee Brewers who was busted last Tuesday on a Milwaukee highway near Miller Park. His BAC – at least according to a breathalyzer test – was a monumental 0.22%.

To put that in perspective (long time readers know this), that’s nearly thrice the legal limit for DUI in Burbank of 0.08%. A local sheriff said that Gallardo was swerving between lanes on the freeway. He was going substantially under the 55 mile per hour speed limit (around 40 miles per hour), which can be a “red flag” for police officers. While some DUI drivers speed, others go way too slowly – either approach can be extremely dangerous and cause accidents.

The Brewers released a statement re: Gallardo’s arrest: “we have expressed our disappointment to him and he understands that behavior of this nature is of great concern to everyone in the organization. Yovani has acknowledged the seriousness of this incident and is taking full accountability for his actions.”

The 16-game winner (from 2012) lost a brutal battle to St. Louis just three days before his arrest. His ERA in 2013 stands at an unfortunate 6.61. Gallardo is not the only Brewer who’s struggling. The team as a whole racked up 32 consecutive innings without scoring before their Tuesday game. They have the worst record in the Central Division. Gallardo will have to pay fines for unsafe driving and DUI driving. But certainly worst things could have happened.

So how do you defend against a Burbank DUI charge?

The answer obviously depends hugely on the minute details of your arrest.

In some cases, it might make sense to challenge the breathalyzer test results. For instance, say you blew 0.10 or 0.09% – i.e. you were just above the cusp for DUI. If you’re also diabetic or on a strange diet that could have affected your breath ketone levels (ketones are chemicals that can interfere with breath tests), you and your Burbank DUI defense lawyer might think long and hard about whether to challenge the results.

On the other hand, if, like Gallardo, you blew 0.22% BAC, you’re going to have a much harder time breaking down the breath test (unless you can find some flagrant problem with it, such as a major calibration error or police incompetence/unconstitutional move). That doesn’t mean that “all hope is lost.” But it does mean that you need to calibrate your defense sensitively to the specifics of your arrest, your criminal background and other “you specific” factors.

Fortunately, a thorough, highly knowledgeable Burbank DUI defense attorney with the Kraut Criminal & DUI Lawyers can help you. Get in touch with Attorney Michael Kraut and his team right now to get started on the path to rehabilitation and getting your life back.

April 29, 2013

Long Beach DUI Sports News Update: Josiah Turner Nets Two Days Behind Bars for April 2012 DUI Arrest

by Michael Kraut

Getting stopped and arrested for driving under the influence in Long Beach (or anywhere else) can have profound, long-lasting implications, even if you manage to reduce your charges.

Consider, for instance, the highly publicized ordeal of Josiah Turner.

The former guard for Arizona just received a two-day jail sentence in connection with an April 26, 2012 DUI arrest. The ex-Wildcat managed to get six other charges dismissed in his plea arrangement, but the court still fined him $1,529 and told him to go through a MADD program and alcohol evaluation.

Turner had been a solid performer for the Cats – he averaged nearly 7 points a game along with 3.1 rebounds and 2.4 assists before he transferred to SMU. After college, he pursued professional basketball both in Hungary and in Canada. He lost his slot on the Halifax Rainmen in mid-season and declared for the NBA draft last week.

A Justice of the Peace, Anne Segal, told the basketball star, “I hope this [the DUI and plea arrangement] was the lowest point in your life.”

If you’ve recently been arrested – or if you’re close to someone who’s been arrested for Long Beach DUI recently – you can probably relate to the sentiment.

Turner’s attorney, Jeffery Rogers, spoke highly of the plea agreement: “it’s pretty much what you could expect in this case…what’s important is that Josiah got what everyone else would get. There is no special treatment.”

The 20-year-old (he was 19 when he was arrested) got pulled over for going through a red light at around 1.30 in the morning in his 1993 Infiniti sedan. Police saw that Turner had no license plate on his car, and he didn’t have a driver’s license, insurance, or registration with him. In addition to charges for blowing through the red light, failing to have a driver’s license, and DUI (for having BAC of over 0.08%), he was charged with driving a vehicle while under the influence and being under 21 with alcohol in his system.

According to sports reports, Turner has had a challenging last few years. He was one of the top U of A basketball recruits in 2011, but he got suspended twice for unpublished reasons. The second suspension happened during the crucial Pac-12 Tournament. His lawyer summed up the situation “he is an extreme talent…I just hope he learned a lesson and uses this as a building block.”

Often, a Long Beach DUI charge is the tip of a much larger iceberg – a sign of more deeply rooted problems. To milk the lessons from your arrest, you need to confront the charges strategically, introspect and get appropriate help to avoid recidivism or other future problems. Fortunately, the astute, connected team here at the Kraut Criminal & DUI Lawyers can help you get on a smart path. Connect with Mr. Kraut and his associates today to begin building your Long Beach DUI defense.

April 25, 2013

Hollywood DUI Mega Drama – Reese Witherspoon Arrested for Disorderly Conduct After Husband, James Toth, Gets DUI

by Michael Kraut

Our Hollywood DUI story of the week is clearly the Reese Witherspoon incident. The “Legally Blonde” actress didn’t nab the DUI, though. That honor goes to her husband, CAA uber-agent, James Toth.

Witherspoon and Toth had been in Atlanta, where the actress was shooting a movie (The Good Lie), when an Atlanta trooper saw Toth’s Ford Focus weaving in and out of lanes. Trooper First Class, J. Pyland, 42, stopped the vehicle. He reported that Toth’s eyes looked bloodshot and that his clothing looked disheveled.

After the agent allegedly failed his field sobriety tests, Pyland gave him a breathalyzer test. Toth blew a 0.139% BAC, which is nearly double the limit for Hollywood DUI of 0.08%, as defined by California Vehicle Code Section 23152(b). (Even though the couple got arrested in Atlanta, the “0.08% limit” is basically the national standard.)

The drama did not stop with Toth’s arrest, however.

Witherspoon allegedly stuck her head out the window and lashed out at Pyland, accusing him of not being “a real police officer.”

Per Pyland’s report: “I told Mrs. Witherspoon to sit on her butt and be quiet.” When she refused and instead got out of the vehicle — exercising her self-declared right to “stand on American ground” — Pyland handcuffed her. He wrote: “I put my hands on Mrs. Witherspoon’s arms to arrest her…[she] was resistant, but I was able to put handcuffs on her without incident due to Mr. Toth calming her.”

Witherspoon allegedly asked him “Do you know my name?” He said he didn’t. She told him “You are about to find out who I am…you are going to be on national news.” The officer impounded their car and sent both Toth and Witherspoon to jail in Atlanta.

A passenger in the back – who has not been identified yet – went home in a cab.

The celebrity power couple made bail the next morning, and Witherspoon’s attorney hammered out a deal to prevent her from getting a criminal conviction by doing a pretrial intervention program. She will need to check in with the judge on May 22nd to determine her compliance with the program.

The 37-year-old actress did walk on the Red Carpet at the NYC premiere of her new film, Mud, but she did not give fodder to the media afterwards by taking questions.

Mrs. Witherspoon’s post-arrest trauma overshadowed Toth’s DUI arrest. Lucky, in some sense, for him: it’s a pretty big deal when a major Hollywood agent gets arrested for DUI in Hollywood. It’s a bigger deal – at least from the national media’s perspective – when an actress of Witherspoon’s stature winds up behind bars.

Implications for your Hollywood DUI defense

This story does a good job of highlighting how no one is above the law. And no one is above doing “stupid things” before, during, or after a Hollywood DUI arrest. In the sober light of day, it’s easy to regret what you did or didn’t do. The challenge now for you is to figure out how to make your life simpler and how to be strategic going forward.

Connect with the Hollywood DUI attorneys at the Kraut Criminal & DUI Lawyers to understand the implications of your arrest and develop a strategy. Mr. Kraut is a Harvard Law School educated ex-prosecutor with the means and technique to provide you an excellent defense.

April 21, 2013

Bobby Brown Los Angeles DUI Redux — My Prerogative to Wear an Ankle Bracelet?

by Michael Kraut

Driving DUI in Los Angeles just doesn’t pay. And celebrity musician, Bobby Brown, would probably be the first to tell you why.

After pleading no contest to October 2012 charges in February, Brown finally received his sentence: 55 days behind bars and an electronic surveillance ankle bracelet. Although Brown only served 8 hours in “real time” behind bars – due to prison overcrowding and other factors – he will still need to spend 18 months in alcohol treatment program and go to AA meetings three times a week.

As we reported when his arrest happened, 2012 was a very rough year for Brown. Not only was he arrested twice for driving under the influence in the Valley – once on March 26th, when CHP officer saw him chatting on a cell phone while driving (also a no-no) and once on October 24th – but he also lost his ex-wife Whitney Houston, AND he endured less than thrilled reviews of his first big music project in many years.

All that said, time does heal wounds. It’s spring time now — a time for rebirth and positive reckoning.

Even if you really screwed up and injured yourself while driving under the influence in Los Angeles – and/or committed other illegal acts, such as hit and run, resisting arrest, etcetera, DUI — you can reboot your life. You can leverage the experience of the arrest/accident to become a better human being, more insightful about yourself, and even a better driver.

Of course, DUI defense can get complicated, particularly if your case is challenging. If you hurt someone while driving DUI, for instance, you could be facing felony charges per California Vehicle Code Section 23153(a) or 23153(b). Likewise, if this was your second or third arrest, prosecutors might be far less lenient on you. You may face steeper fines, greater problems with your insurance, a longer license suspension, more time in alcohol school, and beyond.

To get a handle on what you need to do, get in touch with a Los Angeles DUI defense lawyer at the Kraut Criminal & DUI Lawyers.

What sets attorney Kraut apart from the crowd?

First of all, he is a former high level prosecutor – he served as a Senior Deputy District Attorney. That means he understands prosecutors on a very deep level.

Secondly, he has great relationships with many people in the Los Angeles legal and police community, and he also has a Harvard Law School background and deep sense of compassion and service.

He genuinely cares both about protecting his clients and serving the community.

April 15, 2013

Long Beach DUI News Update: Sad Case of South Beach’s Party Princess Takes Quirky Turn…

by Michael Kraut

In a recent Long Beach DUI post, we told the terrible story of 20-year-old Karlie Tomica, a self-described “party princess” in South Beach who allegedly hit and killed a chef while under the influence then fled the scene of the accident.

Tomica’s story made national headlines for many reasons. It wasn’t a “typical” DUI hit-and-run homicide case. For instance:

• Tomica allegedly had a BAC of over three times the legal limit for Long Beach DUI, 0.08% BAC, which is already pretty high;
• Tomica ignored a motorist’s frantic plea for her to pull over after the arrest, and police finally arrested her at her condo in Miami Beach;
• She fell asleep at the police station later and allegedly “snored loudly”;
• The 20-year-old called herself a “party princess” on Twitter.

After prosecutors got the toxicology reports in mid-February, they filed a DUI manslaughter charge against her. Now, Tomica’s lawyer is saying that the current judge should not be on her case because, from her statements, she had “pre-judged [Tomica] guilty.” Judge Migna Sanchez-Llorens said that Tomica “made choices to drink” — indicating that she [the judge] may not provide the young woman a fair trial.

Without diving deep into the facts and arguments (and counterarguments) of this case, it’s impossible to assess the intelligence of this defense strategy.

As any reputable Long Beach DUI defense lawyer will tell you, there are no one-size-fits-all rules for how to proceed. That’s why you want to find a lawyer who has both the experience and knowledge to help you manage your situation.

If you’re confused about how to proceed with your defense, get in touch with the team at the Kraut Criminal & DUI Lawyers today to discuss your options and to plan an effective, thorough and strategic response. Michael Kraut is a former Long Beach DUI prosecutor who spent 14 years on the other side of criminal cases, as a Senior Deputy District Attorney for Los Angeles.

Find out more about Attorney Kraut and his credentials on this site, or call today to set your consultation about your Long Beach DUI.