DUI Crime and Punishment

March 4, 2013

Your Second Pasadena DUI: Bad Luck or Warning Sign?

When you got arrested the first time for driving under the influence in Pasadena, you wrote if off as a fluke.

Perhaps you had one too many drinks while chilling with old college friends at the Cheesecake Factory in Old Pasadena. Or maybe you had a few glasses of wine with some college professors at Caltech… and the rest is history. You got behind the wheel when you shouldn’t have driven, and you got caught and punished.

But this time is different.

Now that you’ve been arrested twice for DUI in Pasadena (or elsewhere in the Southland), you’re getting more concerned. Maybe the problem really IS you. Maybe it wasn’t a one-time thing. This scares you. After all, as much as you want to avoid penalties for recidivist DUI in Pasadena–such as jail time, forced fines and fees, mandatory interlock ignition device installation, compulsory probation, and on and on–you know that your situation could have been a lot worse.

You could have seriously hurt or even killed someone while DUI. Then you would have been charged with a much more serious crime, such as vehicular homicide or even DUI murder because of your past criminal history.

It’s easy to beat yourself up.

And the very fact that you’re taking time to read this article and reflect on what you did (and why you did it)…that’s a very positive sign. But you now need to translate this concern into effective, positive action, not only so that you avoid punishment–or at least minimize it–but also so that you better fulfill your responsibilities as a driver and as a citizen of Southern California.

Often, the root cause of why we behave in certain ways is difficult to identify.

For instance, you might blame your DUI problems on your impetuous nature–your natural devil-may-care attitude. But other psychological “stuff’ could be going on below the surface, breeding problems and stirring up trouble. For instance, maybe you were recently fired or divorced. The stress is driving you to self-medicate through drugs or alcohol. Unless and until you deal with that underlying emotional hurt in a constructive fashion, you might continue to feel helpless and use an element, like alcohol, to manage your pain.

Don’t expect to solve your psychological puzzle in a single day. But do put some awareness on the problem. Strive to be compassionate with yourself–to treat yourself as a human being with legitimate needs. At the same time, do everything you can to avoid getting into a similar situation in the future. Recidivist Pasadena DUI offenders face extended jail time, fees, fines, and dire consequences for your license, insurance, and reputation.

You should also consider getting in touch with an experienced Pasadena DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers. Attorney Kraut is a highly respected, well connected DUI lawyer who worked well over a decade as a prosecutor before turning his attention to criminal cases. He and his team can help you unpack what’s gone wrong and figure out effective solutions.

February 25, 2013

Miscellaneous Los Angeles DUI News–Crazy DUI Induced Explosion on the 10 and Other Astonishing Stories…

by Michael Kraut

If you thought your Los Angeles DUI arrest was hair-raising, think again.

On February 7th, a DUI suspect fled police on the 10 and crashed into the sidewall after losing control of his red Mustang. The car literally exploded and burst into flames. The suspect had been fleeing police. Officers thought he was trying to hop onto the 60 East Bound or try I-5. The man would have almost certainly perished in the fire, but police bravely pulled him from the wreckage–saving his life after they risked their own to get him to stop driving recklessly.

Hopefully your Los Angeles DUI arrest was less fraught and drama filled.

Meanwhile out in Connecticut, 46-year-old Jeffrey Cull got arrested following a string of strange events, involving dumped shingles, laser engraving thievery, and tree hitting. According to local news reports from the town of Monroe, a woman saw a 2009 BMW smash into a tree near her house on a local route, 111. She called police, who found the driver and owner, Mr. Cull. He had a “strong odor of an alcoholic beverage on him.” Officers said that Mr. Cull did not cooperate and refused to answer questions. Local police put him through the paces of field sobriety tests, which he failed. He refused the breathalyzer test. In addition to the DUI charge, Cull faces charges for evading responsively in an accident, failure to hold his lane, and driving without auto insurance.

Hopefully, your Los Angeles DUI arrest involved neither your car bursting into flame nor your hitting a tree and then getting aggressive with police after the fact.

But no matter what happened, you are entitled by law to a sturdy defense. The team here at the Law Offices of Michael Kraut can help you understand what you might be facing and develop a strategic Los Angeles DUI defense based on deep knowledge of the law and practical experience.

Attorney Kraut knows how to help drivers like you. As an ex-prosecutor, he maintains excellent relationships with local judges, police officers, and prosecutors–all while providing his Los Angeles DUI defense clients with the highest service. Trust attorney Kraut and his team to guide you appropriately–to make informed decisions–and to avoid getting into further trouble or accidentally complicating your case.

February 15, 2013

Vivid Illustration of Why Beverly Hill DUIs Do Not Happen in the Vacuum: Woman Busted for Hit-and-Run and DUI After Police See Her Hit a Car with 10-Month Old in it …

by Michael Kraut

If you’ve been arrested for driving under the influence in Beverly Hills (or elsewhere in Southern California), you might be inclined to think that your incident was an isolated one — i.e., it had no relationship to your history, habits, behaviors, beliefs, etc.

You might want to reconsider that belief.

While some Beverly Hills DUIs do, indeed, “come out of nowhere,” where there’s smoke, there’s usually fire. To that end, you might find it resourceful to identify patterns in your bad decisions. If you can articulate why you act badly (when you do), you can strategically plan your life to avoid getting into trouble.

Consider that lesson in light of a scary story out in Oklahoma, where 26-year-old Ashley Stahl just got arrested for her third felony DUI charge — on top of charges of eluding arrest, hit-and-run, obstructing a police officer, violating multiple traffic laws, etc.

On Thursday, January 31st, a police officer saw Stahl swerve into a Toyota, at around Fifth and Harvard. The Toyota tried to get out of the way but couldn’t do so in time. The Red GMC Jimmy that caused the crash backed up and took off. Patrol officers saw the whole thing and followed the SUV to Roger’s High School, where they pulled over Stahl and convinced her to give herself up, after talking her off of the ledge for 10 minutes.

Scarily, a 10 month old child had been riding in the back of the Toyota.

Fortunately, neither the child, nor the child’s parents suffered injury. But this poor 26-yaear-old woman could have caused an epic catastrophe, had the accident played out in a slightly different and (less lucky) fashion.

The law can be very punitive, especially towards recidivist offenders.

If this is your second or third arrest for driving under the influence in Beverly Hills, expect prosecutors to be far less lenient this time. Potential punishments increase and diversify. Prosecutors can hit you with additional probation time, mandatory alcohol school time, driver’s license suspension time, jail time, fines and fees, and on and on.

On some level, it’s too bad that the system is so punitive. Many people who rack up multiple Beverly Hills DUI charges need help and compassion, not just judgment and punishment.

Fortunately, good resources abound to help you deal with your charges and manage your emotional and financial crises. Connect with the team here at the Kraut Criminal & DUI Lawyers for a free case evaluation. Attorney Kraut and his team can help you craft a compelling and thorough defense for your DUI charge.

February 4, 2013

Jason London and Carmine Giovinazzo: A Tale of Two Celebrity DUIs

by Michael Kraut

Our Burbank DUI news blotter often rehashes intriguing stories about celebrities arrested for driving under the influence and other crimes.

We’re not trying to be a poor man’s “TMZ” — rather, we write to help defendants (and their loved ones) understand the law little better and to find resources and new ways of thinking about their DUI charges.

But nothing teaches better than a good story.

January 23, 2013

Criminal Minds Actor Now a Criminal Defendant: Thomas Gibson Busted for Driving Under the Influence in Downtown Los Angeles

by Michael Kraut

If you were recently arrested for driving under the influence in downtown Los Angeles or USC, you may relate to the travails of 50-year old Thomas Gibson, a local actor famous for his roles in Dharma & Greg and Criminal Minds.

On January 6, Gibson steered his Audi SUV onto a race course sectioned off from traffic. Witnesses told news sources that Gibson scared several runners in the half-marathon.

Fortunately, no one was hit or injured.

When police asked Gibson to take a different route, he failed to heed their warnings and drove off. Ultimately, the police stopped him under suspicion of Los Angeles DUI at 1:37 a.m. Police noticed that Gibson had the odor of alcohol on his breath. The actor refused to take a breathalyzer test. The police took him into custody and held him on a bail of $15,000.

It’s understandable why Gibson might have refused the breathalyzer test.

As we’ve discussed multiple times before, breathalyzers yield surprisingly inaccurate results, given their ubiquity both in real life and “in the movies.” Breathalyzer tests, for instance, do not discriminate between men and women. They can yield artificially false positives if you blow into them too hard. In other words, let’s say you’ve had a few drinks, but you’re not technically over the legal limit for Los Angeles DUI, as defined by California Vehicle Code Section 23152(b), of 0.08% BAC.

Perhaps your “real” BAC is more along lines of 0.06% — borderline, but not over the limit.

A police officer, however, may ask you to blow as hard as you can into the breathalyzer. So you do, but because you blow so hard, you force the machine to give you a reading of, say, 0.09% BAC. Now you’re considered technically “over the limit,” and you could be prosecuted and convicted of a misdemeanor – or a felony under certain circumstances – and subject to all sorts of horrific punishments, such as jail time, the stripping of your CA license, fines and fees, and other inconveniences.

Breathalyzers can also be thrown off if you’re on a special weight loss diet.

When the body goes into so-called “fat burning mode” – and/or if you’re a type II diabetic – your body produces metabolic compounds known as ketone bodies. When you have enough of these ketone bodies floating around in your system, they can influence a breathalyzer test and fool the test into thinking that you’re under the influence, even when you’re stone-cold sober or just borderline. For instance, a ketogenic dieter who has a real BAC of 0.06% might end up tripping a positive for DUI because of her metabolic byproducts.

If you or somebody you know has experienced a legal crisis that’s similar to Thomas Gibson’s, consider getting in touch with the team here at the Kraut Criminal & DUI Lawyers. Michael Kraut is an ex-prosecutor who is well-known and respected for his insight and successes with DUI cases. News sources like the Los Angeles Times, the New York Times, KTLA and CBS all routinely ask Mr. Kraut for his opinions on important DUI stories, and he has won respect not only from clients, but also from judges and prosecutors.

January 21, 2013

Serious Pasadena DUI Drama – Sacramento Man Says “Not Guilty” to Violent Hit-and-Run on Girlfriend, Her Companion, and Her Four Dogs

by Michael Kraut

As someone who’s recently been arrested for driving under the influence in Pasadena, you’re probably worried about being classified with far more aggressive, recidivist offenders in people’s minds. Maybe you’re a student at UCLA who just “did something stupid” after partying with friends out in Old Pasadena or having one too many drinks at the Cheesecake Factory. Or maybe you’re an executive who got arrested for Pasadena DUI unfairly (you believe) at a checkpoint.

In no way, shape or form does your case resemble the situation of Paul William Walden, a 31-year-old man who stands accused of driving into his girlfriend, a companion, and the girlfriend’s four dogs last July 16th. According to the Sacramento Bee, the accident – which occurred at 80 miles per hour (!) in broad daylight on a well-lit crosswalk – took the life of a 21-year-old man and killed all four dogs belonging to 23-year-old Gemily West. Last week, Walden pled not guilty to a spate of charges that included DUI, hit-and-run, vehicular manslaughter, and murder.

Walden had been a three time DUI recidivist.

The Sacramento Bee said he killed 21-year-old Harison Long-Randall, who was walking with Gemily and her dogs “in a well-lit Carmichael Crosswalk…witnesses said the car that hit Long-Randall and his girlfriend…was traveling at about 80 miles per hour and never slowed down before or after impact.”

The CHP arrested Walden several days after the accident. He had been driving under a suspended license. Since his arrest, he has been held in custody. Long-Randall’s parents, Chris and Gail, have attended all 18 hearings.

This is a very sad and difficult situation. We cannot obviously comment intelligently about the case without examining the evidence in detail. However, if you face a charge of driving under the influence in Pasadena, you may feel resentful that you would in any way be lumped in as somehow “the same” as someone who purposely ran over his girlfriend and her dogs and her companion at 80 miles per hour.

So what can you do?

One of the most resourceful steps you can take is to connect with an experienced Pasadena DUI criminal defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut spent a substantial part of his career (14+ years) working for the city as a prosecutor. He rose to the level of Senior Deputy District Attorney before becoming a specialist in criminal defense. He knows what prosecutors typically do in cases like yours, and he can equip you to make a precise and accurate defense.

Your life ever since your arrest has been undoubtedly difficult and disconcerting. But you do not need to struggle with your uncertainties alone. Get in touch with the Kraut Criminal & DUI Lawyers today for a free consultation about your best next steps.

January 14, 2013

Beverly Hills DUI News Blogger: Gérard Depardieu a No Show at DUI Trial, As He Escalates His Bizarre Behavior

by Michael Kraut

This Beverly Hills DUI blog is not above covering international news, especially news that concerns celebrities like renowned French actor Gérard Depardieu – perhaps the greatest French actor of all time.

The 64-year-old Depardieu, however, has also had a colorful, if bizarre, recent history of criminal wrongdoings. Two years ago, he was arrested after he urinated in his seat on a plane, despite the pleas of fellow passengers and flight attendants. More recently, last November 29th, he drove his scooter while under the influence of alcohol to the tune of over four times the legal limit!

If you’re arrested for a way-over-the-limit DUI in Beverly Hills, you can be hit with additional penalties, such as a harsher jail sentence, longer license suspension, more alcohol school, and other sundry penalties. According to news sources, Depardieu could have pled guilty to the charges, got dinged with a small fine, and been on his way.

Instead, the eclectic actor absconded from the country to Belgium. Not only did he ditch his January 8 hearing, but he now faces more serious criminal charges, which could net him up to two years behind bars on top of fines totaling nearly $6,000.

The actor’s citizenship changes require a flowchart to track. Last December, he moved to Belgium to protest the high tax rates in France, prompting the leader of France’s Socialist party to call him names. Meanwhile, Depardieu recently accepted Russian President Vladimir Putin’s offer to make him a citizen of Russia, and he may move to Mordovia to become that region’s Minister of Culture. Depardieu released a statement from Switzerland (confused yet?) regarding his status: “I have a Russian passport, but I remain French and I’ll probably have dual Belgium nationality.”

Good grief.

Obviously, Depardieu’s legal fate – along with where he will ultimately reside – remain up in the air. But his legal situation is certainly fascinating. Of course, if you’re facing a Beverly Hills DUI charge, you’re much less concerned about being entertained and much more concerned about finding an appropriate, sharp Los Angeles DUI lawyer to deal with your charges in a sensible way.

The team here at the Kraut Criminal & DUI Lawyers can help you. Michael Kraut is a highly esteemed lawyer with a great track record. Connect with him and his team for a free consultation today.

January 9, 2013

Glendale DUI Sports News: Hall of Famer Carlton Fisk Guilty of Misdemeanor DUI

by Michael Kraut

Some sobering Glendale DUI news out of Chicago: Carlton Fisk, the legendary Hall of Fame catcher, pled guilty to a misdemeanor charge, just two months after Chicago police found him snoozing in his pick-up truck in a cornfield.

Officers in Lenox found the baseball legend passed out in his truck on the 22th of October. An open bottle of Vodka lay strewn on the truck’s floor.

Fisk got off with a relatively light sentence — just a year of court supervision, drug and alcohol counseling, and court costs and fines of $1,250. According to Fisk’s attorney, the emeritus slugger did the right thing by accepting responsibility; he “stepped up to the plate.”

Meanwhile in local Glendale DUI news, the Los Angeles Daily News recently offered the following key reminder: “Metro rail and bus lines will be free New Year’s Eve from 9 p.m. to 2 a.m. And if you drove to a celebration before having a few too many, AAA will even arrange a free tow home for your car.”

Over the 2011-2012 New Years holiday, over 15,000 people got arrested for DUI in Glendale and elsewhere in Los Angeles. Police tallied over 2,400 DUI accidents; 17 people died in those crashes. We’ll report on the DUI statistics for the 2012-2013 New Years holiday in an upcoming blog post.

If you or a family member stands accused of a crime like Glendale DUI, a good defense can save your CA license, keep you out of prison, protect your job, and stave off many directly related and indirectly related problems. Unfortunately, coming up with the most adroit defense is not always simple stuff!

For instance, you may suspect that the police operated in a less than ethical manner. But that may not be the case. Likewise, you may harbor unfounded doubts about your DUI blood test. Your true “best defense” might be esoteric. And the path to finding it — and then developing it and executing it properly — may be difficult, if not impossible, unless you have a respectable, powerful Glendale DUI defense attorney guiding you.

Get in touch with Michael Kraut of the Kraut Criminal & DUI Lawyers today for experienced and effective counsel, and get 2013 off to a better start.

January 7, 2013

Was Your Child Recently Arrested for Driving Under the Influence in Long Beach (or Elsewhere)?

by Michael Kraut

You’re a concerned parent whose child was recently charged with a DUI in Long Beach or elsewhere in Southern California.

You’re likely feeling a destructive cocktail of emotions right now, including anger, confusion, frustration, and helplessness. You worked so hard to raise a child who would abide by the law. The news of the arrest sent shockwaves through your immediate family. It’s forced you to reflect deeply on your values and parental strategies.

Whether your USC undergrad got stopped at a checkpoint on the 405 after an evening of New Year’s revelry; or your teenage daughter caused an injury accident and now faces the possibility of spending over a year behind bars, pursuant to charges under Long Beach injury DUI California Vehicle Code Section 23153, you want practical guidance. You also want to find empathetic, experienced people to help you deal with your own agita that’s been kicked up by the events of the past few days.

Your concern is merited. In fact, by researching and finding an excellent, trusted Southern California DUI criminal defense attorney, you can position your son or daughter to handle the charges better; manage the rehab and penalty phases more maturely; and identify and dispute officer errors and breathalyzer test false positives.

If your grown child can no longer drive to school or work — due to a license suspension stemming from his or her Long Beach DUI — then you may suddenly find yourself chaperoning once again. Likewise, if your child lacks a big savings account, he or she may look to you to pay the steep fines and court costs (which can total in the thousands of dollars). On a more indirect level, the psychological toll of getting arrested and convicted for a Long Beach DUI offense can impact the family for years. If you no longer trust your adult child to make wise decisions, that lack of trust can poison your relationship with the child.

On the other hand, the situation does not have to be grim, even if the offense is dire and the possible punishments manifold.

With the help of a reliable Long Beach DUI criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers, your child can put up stiff resistance to the charges and tap into a wealth of resources to deal with the various issues we’ve discussed in this blog post (as well as others not yet touched upon). Moreover, the DUI event can be re-framed as a learning and growing experience.

Get in touch with the Kraut Criminal & DUI Lawyers now for a free, confidential consultation about what to do, so you can feel more in control and more empowered.

January 2, 2013

Arrested for DUI in Los Angeles on New Year’s Eve 2013?

by Michael Kraut

Tonight is New Year’s Eve. That means that your risk of getting arrested for Los Angeles DUI is at its apogee.

More people get arrested for DUI on New Year’s than on any other day of the year. DUI injuries, fatalities, and other “bad stuff” also tend to spike over the holiday. The Los Angeles Police Department is well aware of the enhanced revere-induced risk, so expect lots of patrols and DUI checkpoints in Burbank, Pasadena, Glendale, and beyond. After the holiday, we’ll blog on the statistics for the holiday weekend. But just understand that today is a dangerous day to drive — even more so than Memorial Day, Super Bowl Sunday, July 4th and St. Patty’s Day.

So be careful out there!

What can you do to reduce your risk of getting into a crash or getting arrested for DUI in Los Angeles? Here are three ideas:

1. Reduce your driving AND walking.

Say you live in Silver Lake. You have a choice between going to an awesome beachside party in Manhattan Beach or a rockin’ shindig in nearby Los Feliz. Choose the Los Feliz option! Do what you can to stay off the road. Also, avoid walking, if possible. Being a pedestrian puts you at risk of being hit by a DUI driver. If you walk while under the influence of alcohol or drugs, you’re at heightened risk of getting hurt or indirectly hurting others.

2. Create multiple “plan B’s.”

One of the problems with so many designated driving plans is that they usually only contain one “escape hatch.” For instance, say your friend Steve is the designated driver. But then Steve gets sick or bails on the party. Now, you have no designated driver, so you’ll be tempted to do something dumb in the moment.

Plan ahead. Work out multiple escape hatches. For instance, keep the number of a cab company in your back pocket AND find a designated driver. If your first plan B fails, you’ve got a back up plan B to leverage instantly.

3. If you do get arrested, get in touch quickly with an experienced Los Angeles DUI attorney.

The Kraut Criminal & DUI Lawyers offers exemplary, effective, and professional representation for Los Angeles DUI criminal defendants. Attorney Kraut is a former prosecutor who spent 14 plus years on the other side of criminal cases… before switching over to represent defendants like you. He knows exactly how to negotiate with and talk to prosecutors to get excellent results for his clients. Get in touch today for a free consultation.