Articles Posted in DUI Crime and Punishment

In a recent piece we did on this Long Beach DUI blog several months ago, we discussed the peculiar case of Utah Highway Patrol trooper, Lisa Steed, who was fired in November for unfairly arresting innocent people on charges of driving under the influence. lisa_steed_dui-class-action.jpg

Steed had actually been named a Utah Highway Patrol “trooper of the year” – owing in part to her big arrest numbers. Documents filed with Utah’s Third District Judicial Court suggest that she might have wrongfully charged and arrested literally HUNDREDS of people over the years.

Some of these people pled guilty in court because they could not afford to pay for a DUI defense. The class action against Steed argues that State of Utah owes these DUI defendants substantial damages: they lost property and jobs and suffered untold toil. For instance, one of Steed’s victims, Thomas Romero, said he got pulled over because he had a burned out taillight. Steed suspected he was DUI, but a blood alcohol test revealed that he had a 0.00% BAC.

That’s right: 0.00% BAC. Nada.

Nevertheless, Romero lost his truck to the impound lot. He told reporters “that night when I got pulled over, lost my truck, lost everything I have, my motor home, everything. That hurts.”

Another supposed victim of Steed’s zealousness, Julie Tapia, recounted her horrific tale: “[Steed] never did give me a sobriety test on the spot, even though I asked for it, because I’m like, I haven’t done anything wrong unless I’m drunk on a hamburger, fries and a milkshake. I don’t even drink.”

Steed, meanwhile, has appealed with Utah’s State Personnel Office to try to regain her employment in the Police Department.

If you’ve recently been arrested for driving under the influence in Long Beach or elsewhere in the Southland, odds are the trooper who pulled you over did not flagrantly flout rules of conduct, like Steed allegedly did.

However, officer mistakes are less uncommon than you may realize!

For instance, as we have talked numerous times on this Long Beach DUI blog, breathalyzer tests are notoriously troubled. Diabetics, for instance, release chemical compounds on their breath called ketones, which can adversely affect BAC reading. In other words, you can have consumed zero alcohol and still score a positive on a breath test because of those ketones. Likewise, if you are on certain special diets, you can register a false positive.

Other factors that can throw off your Long Beach DUI breathalyzer test results include: your gender, whether you’re on any medications, whether you have certain medical conditions, the depth into which you blow into the machine (super deep breaths can cause an exaggeratedly positive BAC reading), and much more.

Given that the difference between a dismissal of your charge and a conviction according to California Vehicle Code Section 23152 can hang in the balance, you likely can benefit hugely from a creditable, thorough Long Beach DUI Criminal Defense. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers and his team would be happy to provide a free and confidential case evaluation to help you strategize and make sound decisions regarding your legal future.

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Los Angeles DUI with vehicular manslaughter is a terrible crime. If you’re convicted of such charges, you could potentially spend the rest of your life behind bars. Consider, for instance, some horrific news that shook up the NFL. Josh Brent, a defensive tackle for the Dallas Cowboys, flipped his vehicle on a state highway outside of Dallas, while allegedly DUI. His passenger and fellow teammate Jerry Brown, Jr., died in the crash. Josh-Brent-dui-manslaughter.jpg

Here are the details:

The police say that the 24-year-old Brent hit a curb, which caused his car to flip at least once before settling on a service road. Brent only suffered minor scrapes, but Brown was unresponsive at the scene and ultimately was pronounced dead at a local hospital. Local police put Brent through the paces of a Field Sobriety Test and arrested him for driving while intoxicated.

Brent remained in jail over the weekend, as his DWI charge got upgraded to intoxication manslaughter. In Texas, that’s charged as a second degree felony, and it can be punished by up to two decades behind bars on top of a fine of $10,000. The 25-year-old Brown was a linebacker who had only played one NFL game with the Colts prior to being traded to Cowboys.

Brent released a statement the day after the crash and arrest, through his agent: “I am devastated and filled with grief…filled with grief for the loss of my close friend and teammate, Jerry Brown. I am also grief-stricken for his family, friends and all who were ever blessed to know him.”

It’s difficult to even know how begin to respond when an event like this occurs.

A fatal crash raises so many questions and opens up so many tragic lines of thinking.

If you or someone you care about was hurt (or hurt other people) while DUI in Los Angeles, you really need to think about the legal implications and begin to approach your situation strategically.

The team here at the Kraut Criminal & DUI Lawyers in Los Angeles has the wherewithal, savvy and track record to come up with and deliver powerful legal assistance. Yes, tragedy can be difficult to manage, and there is no such thing as a magic button or “turn back the clock machine.” But Attorney Kraut and his team can provide you with powerful help. Get in touch with them today for more help.

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If you were recently arrested for driving under the influence in Burbank – yet again – you’re understandably terrified about what prosecutors might do to you this time. For instance, will they slap you with a felony count per California Vehicle Code section 23153? burbank-dui-burbank-dui-again-and-again.jpg

You’re right to be concerned.

One might dismiss a single Burbank DUI as a product of bad luck, quirky circumstances, or a single lapse of judgment. However, if you get arrested multiple times, you may want to take a look in the mirror. Why do you keep getting into these situations, and what needs to change?

Obviously, you want to deal with the “legal stuff” in an effective, appropriate manner, as rapidly as possible. However, you also want to pay attention to your recurring patterns. These may be subtle to detect but may ultimately prove vital to solving your longer term issues.

It is often very difficult for us to instantly apprehend our own patterns, since we “live inside” them. Other people can look at us and judge: tell us to take certain actions or avoid certain behaviors. But as the saying goes, “it’s easy for you to say.” Outsiders can make these analyses simply, since they don’t have to live the consequences of said judgments, nor are they emotionally invested in your outcome one way or the other.

Here’s one way to start to understand your Burbank DUI recidivism — to learn the lessons from what’s happened to you, and to translate those lessons into better outcomes.

The first step is to understand WHY you got into your bad situation in the first place. Your intuitive answer may not be “deep” enough to give you this insight. For instance, say you had been partying in Burbank Center late at night, playing pool. You got behind the wheel without appreciating how under the influence you actually were, and then police busted you at a Burbank DUI checkpoint. You might initially think you got in trouble “because I was too lazy to get a ride home.”

Not deep enough! You must probe deeper. Ask yourself WHY.

WHY were you too lazy to get a ride home? Your answer then might be “because I don’t really know anyone in the city who I could trust to take me home and not judge me.” Then probe even deeper – WHY don’t you know anybody? And so forth.

This iterative exercise – asking why, over and over, to get deeper and deeper – inevitably gets you into deeper psychological “stuff.” This “stuff” might be underpinning not only why you made a poor driving decision but also why you might be feeling helpless or unhappy in various aspects of your life. Once you figure out that core reason — that deeper WHY — then you can take steps to address the constraint making your life miserable in many diverse was. Perhaps you just feel really lonely: you need a partner or even a close friend. We all have needs for companionship. Perhaps when you find a partner or a close friend, you’ll have a designated driver the next time. You’ll ALSO no longer feel as sad or helpless, and thus you will intuitively avoid dangerous/reckless situations in the future.

All that said, you have practical legal considerations that need to be addressed ASAP. Recidivism DUI in Burbank can lead to felony counts, long jail sentences, massive license suspensions, and more. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Burbank can help you understand your legal options and make powerful defensive progress. Connect with attorney Kraut and his team today for a free, honest, and thorough evaluation of your case.

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If you drive a truck DUI in Long Beach or elsewhere in the Southland, not only could you face jail time and a license suspension, but you can also lose your job and face other industry penalties. long-beach-dui-truck.jpg

Prosecutors bring the hammer down on DUI truckers for a reason: trucks are the most dangerous vehicles on the roads. They are more massive than passenger cars, motorcycles, and lightweight vans. Thus, they can inflict geometrically increased levels of force during accidents. A 20-ton truck travelling at 60 miles per hour that crashes into a wall will impart as much force on that wall as will a one-ton racecar that smashes into the same wall at 1200 miles per hour – over four hundred miles per hour faster than the speed of sound!

Consider those forces in light of a near tragedy out of a Beaverton, Oregon. 38-year-old Matthew Allen Hamilton almost drove his pick-up truck off of a Highway 217 overpass into traffic. The scene captured national attention: a red pick-up truck dangled precariously, stopped by destruction only by a surprisingly sturdy overpass guard rail.

It took police and rescue workers hours to rescue Hamilton and remove his truck from the guardrail. Once they plucked him down, they gave him a blood alcohol test, which found that he had a 0.50% BAC – that’s well over six times the Long Beach DUI limit. That’s a BAC level high enough to kill many people or at least make them comatose. So in some sense it’s remarkable that Hamilton even survived the drinking, let alone that he survived nearly driving off the overpass.

The drama behind this story notwithstanding, if you’ve been recently pulled over for driving under the influence in Long Beach, you can learn much from understanding Hamilton’s plight and possible best next steps.

1. Getting a Long Beach DUI charge can lead to public humiliation.

Hopefully, your arrest has not yet led to substantial public shaming – it hasn’t cost you clients, friends, prospective job opportunities, etc. But consequences like that can happen.

2. The fact that you survived your Long Beach DUI event means you got incredibly lucky.

You may not feel particularly lucky now, especially if you hurt someone else and/or if you face massive potential criminal penalties. But driving DUI is a dangerous game. In Hamilton’s case, slightly different physics would have resulted in his certain death.

3. You can take action, now, to start making things better.

Just because you are in a dangerous, helpless, or scary position doesn’t mean that you have to suffer helplessly forever. The team here at the Kraut Criminal & DUI Lawyers in Long Beach can help you understand and craft an appropriate Long Beach DUI truckers’ defense and answer your questions about best practices.

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Esteemed thespian, Gérard Depardieu, was arrested last week in Paris for driving under the influence, after he fell off a scooter and bashed his elbow. GERARD-DEPARDIEU-DUI-glendale.jpg

This was not the Green Card actor’s first brush with the law… or the first time that he’s stirred controversy in a way that’s stimulated much tabloid tittering. Back in 1998, Depardieu smashed up his motorcycle and later tested to have a BAC of over five times the legal limit for Glendale DUI (or DUI anywhere) of 0.08%. Fortunately, he survived that crash with only minor injuries to his face and legs.

In 2011, Depardieu made the headlines again, this time in a far more spectacular fashion, for urinating in his seat on a plane bound to Dublin from Paris. Depardieu had asked to pee. The stewardess denied the request for security reasons. He insisted that he was “not a terrorist” and that he “just want[ed] to pee.” When the bottle into which he relieved himself overflowed all over the seat, he told all passengers within earshot that “the bottle was much too small. I’m an elephant!”

An elephant, indeed.

Depardieu’s colorful antics — and almost slapstick-ish-ly hapless responses to his legal situations — certainly have made for amusing TMZ stories. However, we can learn some serious lessons – lessons that might be vital for you, if you or a loved one faces charges of driving under the influence in Glendale or elsewhere in the Southland.

Lesson #1: Just because you’re famous and well-liked does not make you invincible.

Court dockets abound with tales of actors, CEOs, politicians, and even Glendale DUI defense attorneys facing the business end of the law. Just because this is your first time facing trouble – or just because you’re “well connected” — does not guarantee a good outcome.

Lesson #2: Where there’s legal “smoke,” there’s often fire.

You need to construct a meticulous and aggressive Glendale DUI defense. But you also want to pay attention to your patterns. Is this the first time you’ve gotten into a brush with the law? If not, why do you keep getting into sticky situations? It might behoove Depardieu to reflect on his two DUI-related bike accidents and his skirmish on the airplane. Self-knowledge is the best vaccine for legal problems — the surest way to prevent future Glendale DUI episodes.

Lesson #3: You’re only at the beginning of your Glendale DUI saga: the decisions you make starting right now can radically affect your future.

If you put up a limp or non-existent defense to charges, you could wind up losing your license, serving substantial jail time, and seeing your entire future in many ways collapse. With a well-orchestrated and strategic defense, you may be able to beat back the charges or at least position yourself to maximally benefit from your experience.

Get in touch with the team here at the Kraut Criminal & DUI Lawyers in Glendale to go over your best strategies and tactics for resolving your situation.

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Does a deep, emotionally charged knowledge of Pasadena DUI laws inoculate you against making bad decisions behind the wheel?pasadena-dui-can-happen-to-you.jpg

Your intuition might suggest that it would. You’d think that police officers, Pasadena DUI defense attorneys, legislators and the gadflies who advocate for tougher DUI sanctions might exhibit safer behind the wheel behavior than the average citizen. To be fair, no one has ever conducted a systematic scientific study to compare these types of groups – the “presumed responsible” people versus average citizens. However, anecdotal evidence certainly suggests that Pasadena DUI lawyers are human and prone to fallibility, just like everyone else is.

Case in point: consider the sad story of 40-year-old Jeffrey Gallup, a former defense attorney who now faces his sixth DUI case. His latest arrest occurred back in September in Highland, Utah, just half a year from his previous DUI conviction. A police officer saw Gallup swerve, and he pulled the ex-attorney over for an equipment violation. The officer told the court that he smelled alcohol on Gallup’s person and noted that he had “glassy eyes” – both traditional symptoms of Pasadena DUI. (As regular readers of this blog know, other symptoms include loss of motor coordination, aphasia, inability to do physical tasks, inappropriate emotional reactions, etc.)

Gallup initially refused a DUI blood test after failing his field sobriety tests, so officers had to get a warrant to put him through the paces of a blood test. The former attorney racked up a BAC of 0.09% — over the legal limit for DUI in Pasadena and elsewhere of 0.08%.

Gallup faces a third degree felony count, since this was not his first DUI charge. As we’ve discussed many times, prosecutors do not take kindly to recidivist offenders. They have legal tools that they can use to amp up your charges and put you behind bars for far longer.

Gallup’s situation dramatically highlights that knowledge of the law – on a level far deeper than 99.9% of the population will ever enjoy – is simply not enough to inoculate you from making dumb decisions behind the wheel.

Fortunately, you can recover from what’s happened to you and turn your life around. Look to Pasadena DUI criminal defense lawyer attorney, Michael Kraut, of Pasadena’s Kraut Criminal & DUI Lawyers to help you build a potent case. Attorney Kraut is an ex-prosecutor. His perspective as both a criminal defense lawyer and a former prosecutor gives him a competitive advantage over other Pasadena DUI attorneys and law firms.

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Back in 2007, when Lindsay Lohan collected her first and infamous Los Angeles DUI arrest, many in the Hollywood community were shocked. How could such a sweet and promising performer behave so recklessly and out of character. Alas, five years later, after racking up arrest after arrest in diverse circumstances, even Lohan’s most ardent fans are beginning to wonder whether there will ever be an end to the 26-year-old’s legal woes.lindsay-lohan-arrested-los-angeles-dui.jpg

To wit, last Friday morning, Lohan got arrested yet AGAIN, this time at the New York City club Avenue, for allegedly punching psychic, Tiffany Mitchell, in the eye. The woman allegedly pursued Lohan to try to tell her fortune. Lohan first asked for space. When Mitchell kept pestering her, Lohan called the woman a “gypsy,” and the two exchanged other colorful words.

Mitchell has already “lawyered up” over the assault. She hired celebrity attorney Gloria Allred. Sensing the potential impending civil lawsuit, Lohan has gone on the offensive and hired a private detective to look into Mitchell’s history. Initial reports from celebrity gossips sites suggest that Mitchell may indeed have a checkered past: some of her psychic clients have allegedly come forward calling her a fraud, and she also may have had legal troubles with respect to non-payment of rent.

Lohan’s situation, however, is more diverse and more dire.

The actress earned huge notoriety over her struggles with her Los Angeles DUI probation revocation. That mini-drama ended with Lohan being compelled to serve a stint in jail and do community service work at a county morgue.

Lohan earned another dubious distinction: she faced four separate criminal charges on the same day, on both coasts, including charges that she resisted a police officer, gave false info to a police officer, and engaged in reckless driving. So Lohan’s legal plate is certainly full. She also received less than lackluster reviews for her performance in the made for TV movie, Liz and Dick.

A Los Angeles DUI charge is often just the tip of the iceberg
If you’ve been recently arrested on one or multiple or similar charges, you may be overly tempted to focus exclusively on your immediate defense and less on the long-term strategic ramifications for your life, career and health.

As a Harvard Law School educated former prosecutor who’s won high praise from peers and clients alike for his work as a Los Angeles DUI criminal defense attorney, Michael Kraut understands that defendants often need more than just “nuts and bolts” help. They also need to be listened to and to get educated about how to prevent recidivism.

This is particularly key, in that, if you get hit by multiple charges of Los Angeles DUI within a 10-year period, prosecutors can rapidly escalate your charges.

Connect with attorney Kraut and his team for incisive, insightful help with your L.A. DUI charge.

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When you recently got pulled over and arrested for a Pasadena DUI, you cringed at the feeling of déjà vu. This was not your first arrest for such a crime, and you remember how emotionally fraught and exhausting the 1st rehabilitation was for you.pasadena-dui-9-duis.jpg

If you get arrested and convicted for driving under the influence in Southern California multiple times, a rapid and a terrifying escalation in your punishments can ensure. For instance, the first time you get a standard Pasadena DUI, you might face fines and fees, some jail time, forced alcohol classes, and a CA license suspension. All very unpleasant stuff, to be sure.

But if you collect 3 DUIs within 10 years, prosecutors can leverage the law to transform what would ordinarily be a misdemeanor into a felony count!

This means that you could go to jail for over a year — instead of for just a few days — for the same exact crime… just because you’re a recidivist.

Notwithstanding the consequences that can ensue if you break Pasadena DUI law multiple times, some drivers just can’t help themselves. In fact, last week not one but two different Montana men made national news over their ninth DUI charges.

Up in Billings, 51-year-old James Alan Tate, pled guilty to misdemeanor and felony DUI counts as well as charges of driving without a license and driving without insurance. Local police in Billings, Montana stopped him on October 10 at South 28th Street and gave him a breath test. He allegedly scored an incredibly high BAC of 0.361%. That’s over 4.5 times the legal limit for Pasadena DUI, per California Vehicle Code Section 23152, which makes it a crime to drive with a BAC of just 0.08% or above. Tate had been convicted of DUI eight times between 1985 and 2011. He will be sentenced on January 24.

Meanwhile, out in Polson, Montana, 45-year-old Todd Burland faces his ninth DUI charge, after he led local police on a car chase on US Highway 93. The “fun” ended when Burland drove into Flathead Lake. Amazingly, the suspect still had some fight in him — he tried swimming away from police officers, who had to don water gear to fish him out of the lake and arrest him. He faces not just a felony DUI charge (ninth offense) but also charges of violating his probation.

You obviously want to deal with your issues before they escalate any further. The team here at the Kraut Criminal & DUI Lawyers in Pasadena can help you understand your defense options and construct a strategic response not just to the present charges but also to the long-term crisis in your life that’s led you towards recidivism.

Attorney Kraut is a former prosecutor who is deeply sympathetic to the Pasadena DUI defense experience and who is well schooled in the methods and tactics of prosecutors. His unique vantage – combined with his Harvard Law School education – can give you an excellent chance of success.

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It’s painful to be arrested for DUI in Long Beach or elsewhere in Southern California. It would probably be doubly painful if you represented defendants charged with driving under the influence for a living. And triply humiliating if you also served as a lawmaker.smith-dui-attorney-gets-dui.jpg

Poor David Burnell Smith of Arizona recently suffered these three ‘stings’ simultaneously after Scottsdale police arrested him near Westland Road and Pima Road. They hit Smith with two charges of driving under the influence for impairment and for having a BAC in excess of 0.08% (also the limit for Long Beach DUI, as defined by California Vehicle Code Section 23152).

According to the Arizona Republic, Representative Smith – who had recently lost a primary race – was seen swerving around in his Chrysler 300, endangering other people on the road. After the police stopped him, he ‘stumbled’ out of his vehicle and refused to participate in FSTs (Field Sobriety Tests). He also inhaled (instead of exhaling) into a breathalyzer test before finally complying – and blowing a 0.137% BAC. Again, the legal limit for both CA and AZ is 0.08%. That reading was nearly double what’s allowed.

This would all be pretty embarrassing for a state representative, but Smith is also a lawyer who makes a living ‘fighting for those who have been arrested and/or charged with DUI.’

Smith claimed that he had swigged mouthwash before getting behind the wheel. As we’ve discussed at length on this Long Beach DUI blog, it is true that substances like mouthwash can throw off your breathalyzer test readings. Indeed, these tests are often surprisingly poorly calibrated, poorly executed, and poorly interpreted. An experienced Long Beach DUI defense attorney may be able to help you challenge the results and either reduce your charges or get them eliminated completely.

That being said, it’s a mistake to assume that you will be able to easily eliminate your DUI charges – or even successfully challenge breathalyzer test results. DUI law is extremely nuanced, and prosecutors are neither dumb nor particularly overly accommodating.

Fortunately, you can turn to Long Beach DUI criminal defense lawyer Michael Kraut, and his team at the Kraut Criminal & DUI Lawyers here in Long Beach, for an insightful, thorough, and strategic defense. Attorney Kraut has delivered big successes for his clients in complex DUI cases. He also worked as a prosecutor for the city for nearly a decade and half. So he understands how prosecutors think and work, and he maintains excellent relationships, which he leverages to help his clients get good strategic outcomes.

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2012 will not go down as a very good year for recording artist Bobby Brown, who just got arrested (yet again!) for driving under the influence in Los Angeles, several months after losing his former beloved, Whitney Houston. bobby-brown-dui-in-los-angeles-again.jpg

The 43-year-old Brown pled no contest to a DUI charge back in March and managed to get himself out of rehab in August. Just weeks after getting out of rehab, however, he got stopped in the Topanga area: the celebrity gossip website TMZ reported that Brown had been seen weaving between lanes. The strange behavior prompted a police cruiser to stop him under suspicion of driving under the influence of alcohol. He also exhibited symptoms of LA DUI and had an odor of alcohol. He failed his field sobriety tests and got booked into a jail in Van Nuys.

Brown was released on his own recognizance. Hopefully, he’ll get the help he needs to manage his multiple crises. On top of dealing with the DUI charges and the death of his ex-wife, Brown also received a tepid reception to his new album — the first he released in over a decade and a half.

Multiple stresses can lead to helplessness
One of the most common beliefs about alcohol addiction is that drivers who drive DUI when they ‘know they shouldn’t’ are somehow ‘giving in’ and behaving in a weak manner. Alternative theories about addiction, however, suggest that the drive to consume alcohol or drugs — or engage in other reckless, negligent, or dangerous behaviors — may stem not from a weak constitution but rather from a distorted drive to reassert control in a chaotic world.

Think about your own life. Think about your own Los Angeles DUI arrest. How did you feel in the days and hours leading up to your arrest? Did you feel completely in control of your life? Or did you feel out of control and helpless? Odds are, you felt that latter.

This is an important revelation, since it suggests that drivers who are arrested for crimes like DUI may need help gaining control over their lives and becoming more empowered. Instead, they are often counseled to ‘surrender’ their power and beat themselves up. The criminal justice system certainly assists in this negative regard by condemning drivers to punishments that may or may not fit the crime.

All of this is not to say that you may not bear culpability for what happened – or responsibility for your life.

However, it may be misguided to treat your problem as a simple problem of “lack of will.” The diverse forces that motivate your behaviors, actions, and habits can be complex stuff, indeed. These forces can touch upon psychological factors as well as physical factors.

What you need now is a thorough, comprehensive strategy to assess where you are at, legally speaking and otherwise, in the wake of the DUI arrest.

Get in touch with Los Angeles criminal defense lawyer Michael Kraut of the Kraut Criminal & DUI Lawyers for effective, compassionate, and insightful guidance regarding your charges and your life in general.

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