DUI Crime and Punishment

September 17, 2012

Say It Ain’t So Sally! “All In The Family” Star Busted in Maine – Los Angeles DUI Media Reacts

If you’ve recently been pulled over for driving under the influence in Los Angeles (e.g. in or around the USC or UCLA campuses), you’ve got some pretty famous company.

According to Fox News and the Huffington Post, 65-year-old actress, Sally Struthers — best known for playing Archie Bunker’s daughter in the 1970s sitcom All In The Family — was arrested on Route 1 in Ogunquit Maine on September 12th for driving under the influence.

Here in California, Sally would have likely been charged under California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI. But in Maine the laws are slightly different. She was hit with something called “OUI” — operating under the influence — a special kind of law that’s used in primarily in East Coast States (e.g. Rhode Island, Massachusetts, Maine, etc) and makes it illegal for you to even sit, parked, while under the influence, if the motor is running.

Struthers had been in the Portland area performing in a local production of “9 to 5” as Roz. The two-time Emmy Award winner is also famous for her work advocating for the Christian Children’s Fund (Child Fund), a charity that helps poor children in Africa and other developing nations. Struthers has denied the OUI, according to her publicist, and she had no problem making her $160 bail. She has a December court date, so stay tuned to the news to learn more about what happens to the actress.

Are there any practical lessons that Struthers’ arrest might have for you, if you or someone you love currently faces Southern California DUI charges, either for a standard misdemeanor DUI or an injury DUI?

Perhaps.

First of all, the situation highlights how easy it is for literally anyone to become a “DUI driver.” Even if you’ve hewed close to law all of your life – never broken any rules – a single bad decision or unlucky night or tough break can lead to jail time and a whole basket of other problems and challenges.

Being famous doesn’t protect you, either. And it can actually create additional stresses and problems, since celebrities must carefully manage their images.

Bad press can have career repercussions – that can cost an actress a job, a politician the chance at reelection, and an executive the “keys to the kingdom.”

Even if your charges are minor, and you are not particularly concerned about the publicity, you still need to worry about punishments like jail time, license suspension, mandatory alcohol classes (time consuming), fines and fees, hiked up insurance rates, and beyond.

Turn to the team here at the Kraut Criminal & DUI Lawyers in Los Angeles for powerful, effective legal guidance. Mr. Kraut is a former prosecutor – educated at Harvard Law School – and he can help you develop and move forward with a strong DUI with alcohol defense.

September 12, 2012

Beverly Hills DUI Cop Arrested for Driving Under the Influence… And Crashing into a House While Doing So!

by Michael Kraut

If you’ve recently been charged with a Beverly Hills DUI, you can take some solace from strange news out of Simi Valley. Last Tuesday, an off-duty police officer for the City of Beverly Hills got arrested for DUI after he smashed his pick-up into power pole and house.

The force of the crash was so intense that his vehicle flipped over and landed on a wall. 42-year-old officer Jeffrey Sweet smashed up his car at Blackstock and Royal Avenue in Simi Valley. He complained about pain to responding officers and got treated at a local hospital in Simi Valley. Fortunately, no one else suffered injuries.

Sweet also exhibited the classic symptoms associated with Beverly Hills DUI, allegedly, and he was booked into jail in Ventura County after he got cleared from the hospital. The truck severed a gas line, stimulating a local evacuation. Investigators think that the officer failed to see a curve on Blackstock Avenue. The BHPD helped the Simi Valley police deal with the situation.

If you’ve been arrested for driving under the influence in Beverly Hills, you can probably relate to Sweet’s frustrations and challenges ahead. It is indeed fortunate that no one got hurt in this crash – if you did hurt someone, even mildly, your charges could be escalated from a simple misdemeanor to a felony, pursuant to California Vehicle Code Sections 22153(a) or 22153(b).

Other factors that could complicate your legal situation include:

• Whether it’s your first time arrested for Beverly Hills DUI or whether you are a recidivist;
• Whether you’ve been arrested and convicted of other criminal charges unrelated to driving under the influence;
• How you behaved after you were stopped by police – that is, were you belligerent or did you try to flee the scene;
• Did you cooperate with officers and rescue workers?
• Just how ìunder the influenceî were you?
• How powerful is the evidence that you, indeed, violated the law?

For instance, just because you failed a breathalyzer test – or even a blood test – does not mean that the test effectively measured your degree of DUI. An experienced Beverly Hills DUI criminal defense lawyer, like the Harvard Law School educated Michael Kraut, 8484 Wilshire Boulevard Suite 660B Beverly Hills, CA 90211-3220 Phone: (310) 550-6935, can help you develop a powerful strategy to manage all of your charges and your legal journey ahead. Connect with attorney Kraut today to get experienced assistance.

September 3, 2012

O Lordy! Sad Long Beach DUI Arrest, as San Francisco’s New Archbishop Hit with Two Misdemeanor DUI Charges

by Michael Kraut

The archbishop-designate of San Francisco, Rev. Salvatore Cordileone, has officially been accused of driving under the influence, according to blogs that cover Long Beach DUI news and other media sources.

The 56-year-old was stopped late on the 25th of August at a checkpoint near San Diego State University. Allegedly, he failed his field sobriety test. A blood alcohol test clocked him at above the legal limit for Long Beach DUI of 0.08% BAC. After Rev. Cordileone’s arrest; his mother, who had been riding in the car, drove home, after she proved that she had not consumed alcohol and that she had a valid license.

After the DUI, Rev. Cordileone issued a public apology and expressed extreme regret for the “shame and disgrace” the arrest created for him and his family and church.

Rev. Cordileone is still scheduled to be installed as San Francisco’s metropolitan archbishop in October. For the past three years, he has served as the fourth Bishop of Oakland.

Lessons for You, if You’ve Recently Been Arrested for DUI in Long Beach

The archbishop-designate’s legal travails highlight a point that often gets lost in discussions of Long Beach DUI punishment and prevention: many who get arrested for misdemeanor DUI crimes have little to no criminal history. It may be tempting to reflexively blame the DUI defendant (or yourself, if you are the defendant) for some kind of moral failing. But so many elements beyond morality play into risk for DUI. For instance:

• Our body’s sensitivity to alcohol – you may not be cognizant of how you process alcohol; and, thus, you might engage in risky behaviors that you don’t realize are risky;
• Social pressures – if it’s “socially normal” in your group to drink a little at dinner and then drive, and you are someone who can’t process alcohol well, while your friends can – you might be pressured into engaging in risky practices;
• Momentary lapses of judgment or discernment – no one is perfect. We all have times when we cut the line or bend the rules;
• Unfair or poorly done police work – sometimes Long Beach DUI breathalyzer tests fail, for instance; and sometimes even the most respectful and savvy police officers make errors of judgment or misperceive what you’ve been doing.

For help dealing with your problems, connect with a Long Beach DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Mr. Michael Kraut is one of the most respected and well-known DUI criminal defense lawyers – in addition to attending Harvard Law School and serving as a former prosecutor, he has gotten great reviews from his past clients.

August 27, 2012

Sherman Oaks DUI Arrest for Joe Simpson (Jessica Simpson’s Dad)

by Michael Kraut

Fifty four-year-old Joe Simpson, father of iconic singer and TV personality Jessica Simpson, was arrested for driving under the influence in Sherman Oaks earlier this month.

The LAPD tagged Joe around 10 P.M. when they saw him driving strangely on Ventura Boulevard. Officers noticed symptoms of Sherman Oaks DUI and decided to take him to the station. Criminal charges have yet to be filed against Simpson, and the 54-year-old does not have any offences on his record. So his prospects for dealing with the situation seem pretty good. After all, it’s not like he got into an injury DUI in Sherman Oaks – which can be prosecuted as a felony per California Vehicle Code Sections 23153(a) and 23153(b). And there were no other complicating factors, such as multiple priors, evading arrest, hit and run, etc.

Nevertheless, even if you get tagged for something as simple as a misdemeanor Sherman Oaks DUI at a routine DUI checkpoint or traffic stop, the consequences for your career, license, insurance rates, and even personal freedom could be drastic.

For instance:

• You could wind up spending a not insignificant amount of time behind bars;
• You could get your California license suspended;
• Once a conviction is on your record, any crimes you may commit in future can be punished much more harshly.

So Simpson is likely not sweating the fines that he might have to pay: his multi-multimillionaire daughter could probably help him with that. But the crime could influence many other aspects of his life. For instance, if your driver’s license is suspended, your ability to get around L.A. is obviously really limited. Unless you’re wealthy enough to hire a chauffeur to drive you around town every time you want fresh eggs and milk (or whatever), you have a problem.

Likewise, no matter how wealthy you are, the threat of a jail sentence always lurks. No matter how many millions or billions of dollars you have in the bank, you are not immune to Southern California or federal law.

Perhaps you are in a similar situation to Joe’s. Or maybe you’re facing a far more devious and frustrating bind. In either case, you want to find a Sherman Oaks DUI criminal defense attorney who has lot of practical experience and knowledge dealing with your type of case.

More than that… you want to find someone who can help you meet your diverse challenges simultaneously. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles and the Valley has ample experience and resources to help you. Mr. Kraut has a special background, which few others in his industry have. He worked as a prosecutor for the city of Los Angeles for 14 years.

This perspective – along with his Harvard Law School education – has helped Mr. Kraut creatively deal with complex, multidimensional cases. It’s why he is recognized by his peers for his excellent service and why he is often called upon to speak about DUI matters on KCLA News and why he has been featured in The New York Times, Los Angeles Times, and beyond. Connect with attorney Kraut today to get a free and fair consultation about how to manage your challenges. (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123)

August 20, 2012

After Your Burbank DUI, Hopefully, You Did Not Threaten to Kill the Officer Who Stopped You, Like Rick Springfield Allegedly Did…

by Michael Kraut

No doubt, your Burbank DUI arrest was one of the lowest moments of your life.

You’ve always worked hard, tried to do the right thing, and taken care of yourself. But you’ve also faced obstacles that a lot of people have never had to deal with. Now you’re facing a fresh new challenge that has the possibility of resulting in your imprisonment as well as all sorts of other inconveniences, such as fines, the suspension of your driver’s license, mandatory alcohol education classes, a spike in your already nearly usurious auto insurance rates, and on and on.

Take a step outside of your own situation for a second and consider the recent arrest and legal saga of “Jessie’s girl” singer Rick Springfield. If you recall from our reporting from May of 2011, Springfield was busted for DUI in Malibu in his gorgeous classic 63 Corvette.

During the stop, Springfield allegedly threatened to kill the deputy sheriff. If you’ve been reading our blog recently, you will note that this is apparently a common theme now among celebrities pulled over for DUI in Burbank and elsewhere. Consider, for instance, our recent story about country singer Randy Travis, who allegedly told the Texas troopers who pulled him over that he would kill them.

In any event… in spite of the charges against him and other difficulties, Springfield’s DUI case had a happy ending – as far as Springfield is concerned. He managed to cut a plea deal with Los Angeles prosecutors. He plead guilty to a reckless driving charge instead of a DUI.

Springfield, as part of that deal, will have to go to a two month traffic program and endure a 3 year probation stint. Plus, he still got hit with a reckless driving charge – a misdemeanor – so if he gets arrested again for a different crime, he could face serious issues because of his prior.

But there will not be an alcohol impairment charge on his record. He will get to keep his license. He won’t be spending time in jail. And he can begin to reassemble his reputation and move beyond the event.

Can an experienced and respected Burbank DUI criminal defense lawyer do the same for you – get your charges pled down or even dismissed?

So there is no “abstract” answer to this question. Opportunities to build an effective defense could abound. For instance, maybe the Burbank breathalyzer test used on you was flawed in some way or mis-calibrated, in which case you might be able to challenge that evidence. Or maybe the police made a mistake while booking you or did something Unconstitutional. Or maybe you can strategically work out a plea deal by demonstrating contrition and negotiating in a savvy, effective way with prosecutors.

The important thing to remember is that what’s past is past.

You cannot go back in time – even in a car as fast as Springfield’s 63 Corvette String Ray, unless it so happens to be equipped with a flux capacitor, which is highly unlikely. So you need to deal with your situation: what’s “true now” for you.

Odds are, however, that you’ve never faced a problem quite like the one you are facing now.

So what do you do?

You may need an experienced Los Angeles DUI lawyer yourself — someone who the empathy and compassion to listen to you and the experience and track record to get results.

Attorney Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers embodies both those elements. Mr. Kraut’s services embrace what business thinker Jim Collins might describe as the “Genius of the AND” – in that he is both a terrifically smart guy (Harvard Law School educated) and a compassionate advisor who helps clients really understand their challenges on a deep level.

Mr. Kraut would be happy to discuss your case and give you a powerful free consultation.

August 8, 2012

If Arrested for DUI in Long Beach, Do NOT, Under Any Circumstances, Spit in the Police Officer’s Face

by Michael Kraut

When you got arrested for driving under the influence in Long Beach, you were not exactly pleased. No one is.

The decisions you make after you get stopped, however, can have an enormously profound impact on your ability to fight the charges — i.e. to get them dropped or pled down to lesser offences — as well as on your capacity to regain emotional equilibrium after the event.

For an extreme example of what “can go wrong” after a DUI arrest, let’s turn our attention northwards to Boise, Idaho. Last week, police arrested 53-year-old James P. Krapp (real name) for driving under the influence and a host of other crimes.

August 6, 2012

Glendale DUI Celebrity News: Ted Nugent’s Drummer Hit With a Golf Cart DUI Charge

by Michael Kraut

As regular readers of our Glendale DUI blog know, golf cart DUIs are surprisingly common, both here in the Southland and throughout America. The crime sounds a bit preposterous – like something out of a Caddyshack outtake, perhaps. But we keep seeing examples of it in the news. For instance, Sunday night before last, Mick Brown, the 55-year-old drummer for classic rock icon Ted Nugent, got hit with golf cart DUI up in Bangor, Maine. Brown’s story is more than a bit humorous – it reads like a stereotype of the “classic rocker bad boy breaking the law.”

According to police reports, Nugent stole a golf cart and drove it on a footpath recklessly, while DUI. Police officers tried to stop the runaway drummer, but he “sped past them” on his cart and even pushed a security officer aside. Eventually, two security officers grabbed Brown and pulled him off. He was riding with two females (of course).

Brown was arrested on a smorgasbord of charges including:

August 1, 2012

Beverly Hills DUI Epidemic – 3 NFLers Busted for DUI in a Single Week, Brings Total Since Super Bowl Up to 27 Separate Arrests!

by Michael Kraut

If you’ve recently gotten in trouble for a Beverly Hills DUI, you have company, in the form of 27 National Football League professional athletes. That’s right. Since the conclusion of the Super Bowl on February 5th, there have been 27 DUI arrests involving professional NFL athletes. Things really started to heat up in mid to late July, when three separate NFL DUI arrests hit in one week. The culprits: Kenny Britt of Titans, Robert Quinn of the St. Louis Rams, and Marshawn Lynch of the Sea Hawks.

In a series of posts, we’re going to address these arrests, both specifically and in a larger context. What might they mean for NFL? More importantly, what lessons can you learn from this trend to help you deal with your Beverly Hills DUI charges, put your life back together, and avoid trouble in the future.

In today’s post, we’ll take a closer look at Britt’s arrest.

According to news reports, the Titans receiver was tooling around Fort Campbell, Kentucky with teammate Tommie Campbell, when he was stopped at a security gate, tested and arrested for driving under the influence.

Britt was no stranger to brushes with law enforcement.

Last April, he got busted in New Jersey after speeding 20 miles over the speed limit and trying to elude an officer. His charges were ultimately reduced down to a fine and misdemeanor. But he got a stern warning from the League. Prior to that, he had been arrested on marijuana charges, resisting arrest, participating in a bar fight, failing to pay a promised bail, and a motley assortment of other unpleasantries. Sports watchers suspect that Britt’s punishment this time will be more severe – he will likely get a multiple game suspension on top of other punishments.

Fortunately, his DUI did not result in anyone getting seriously hurt or killed. If you do injure someone while DUI, you can face felony charges per California Vehicle Code Sections 23153(a) or 23153(b). If convicted, you could lose many rights, face over a year in jail, and be subject to other life altering (and not in a good way) restrictions and penalties.

Furthermore, if your Beverly Hills DUI was not your first brush with the law, prosecutors might go especially hard on you.

What can you do to manage your legal challenges?

Connect today with an experienced professional with the Kraut Criminal & DUI Lawyers (8484 Wilshire Boulevard Suite 660B Beverly Hills, CA 90211-3220 Phone: (310) 550-6935). Attorney Michael Kraut is a Beverly Hills DUI criminal defense attorney who spent well over a decade on the prosecutorial side before switching over to represent defendants like you. He understands how prosecutors think and work, and he can help you devise and execute the most appropriate strategy for your defense.

July 30, 2012

More NFL Glendale DUI Drama: Marshawn Lynch Slapped with a DUI in California

by Michael Kraut

Driving under the influence in Glendale or anywhere else in California can lead to conviction under California Vehicle Code Sections 23152(a) or 23152(b), which can result in serious jail time, fines, fees, and other radically harsh punishments – even if you didn’t hurt anybody and even if you were just “a little bit” over the limit.

On the one hand, it should a “no brainer” to avoid driving DUI. On the other hand, it’s a relatively common offense – even among famous politicians and athletes and celebrities. Consider, for instance, the debacle that has been the National Football League: since the conclusion of the Super Bowl back in February, there have been 27 DUI-related arrests of NFL players. One of the folks caught up in the dragnet is Marshawn Lynch, a runningback for the Seattle Seahawks. He was hit with a charge of DUI in California up in Alameda County (Emeryville).

According to news reports, officers saw Lynch weaving around I-880 in a Ford Econoline van. CHP officers said that Lynch almost crashed into two other vehicles on the road before cops stopped him. He was put through the paces of a field sobriety test, arrested, booked, and then tested again with a breathalyzer test while in jail. Lynch’s attorney stated that his client was under the 0.08% BAC limit that defines the limit for DUI in Glendale and elsewhere, per CVC 23152(b).

But Lynch will likely face additional challenges due to his criminal history. Back in 2009, Lynch pled guilty to a misdemeanor gun charge here in Los Angeles and got 80 hours of community service along with a multiple game suspension. Back in 2008, he hit a woman with his car in Buffalo, NY and then drove off – resulting in a hit and run charge.

Will the discrepancies in Lynch’s blood alcohol tests ultimately help him get the charges dropped? Will his past criminal history and other brushes with the law impact his legal fate?

At this point, it’s impossible to know. His court date is scheduled for August 14th.

What you can learn from Lynch’s situation, if you have been charged with driving under the influence in Glendale?

The main takeaway is that subtleties about your arrest (or accident) — as well as your background — can dramatically influence your ideal strategic course, legally speaking. For instance, if the Glendale breathalyzer test that officers used on was miscalibrated or otherwise inappropriately handled, you might be able to build a case to get the breathalyzer evidence dismissed entirely (and thus possibly get your charges dropped or substantially reduced). On the other hand, if you can’t make that argument, you will need to find to some other way to develop a defense.

Very few people have the same sense for the subtleties of Glendale DUI law than attorney Michael Kraut of Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Mr. Kraut is a Harvard Law School educated lawyer who is often quoted in publications like the New York Times and the Los Angeles Times as a DUI expert. He is also a former city prosecutor – that means that he understands the mindsets and motivations of those who will be prosecuting you.

July 25, 2012

The Same Old Pasadena DUI Story, Different Place: 3 Doors Down Bassist Busted in Mississippi

by Michael Kraut

A Pasadena DUI arrest can be a folly or a tragedy, depending on your perspective.

Often, there are aspects of both folly and tragedy in the story. Consider, for instance, the arrest of Todd Harrell, the 40-year-old bassist for the rock group 3 Doors Down. According to a Mississippi police chief, Harrell was stopped at D’Iberville, MS after he flew through an intersection and hit a pickup truck. Harrell was not wearing his seatbelt.

The bassist just recently left 3 Doors Down due to reported health problems. Harrell helped form the group back in 1996 along with singer Brad Arnold and guitarist Matt Roberts. Harrell’s blood tests and toxicology report are both pending, according to the local Mississippi authorities. He was released on a $1,000 bond.

Fortunately, no one was serious hit or killed in the collision, although Pasadena DUI situations can often unfortunately end in disasters – like serious injury or death. In that case, a charge that ordinarily only be considered a misdemeanor DUI (per CVC 23152(a) or 23152(b)) would be ratcheted up to a felony charge per the Pasadena injury DUI statutes, CVC 23153(a) and 23153(b).

Even if you arrest was relatively straightforward — for instance, say you were stopped at a checkpoint near the 210 and you just barely failed a field sobriety test — you can still face suspension of your California driver’s license for over a year, major fees, court costs, fines, points on your license, a huge spike in insurance rates, and, yes, even jail time. Even first offenders who don’t hurt other people can be compelled to spend serious time behind bars.

And if there was anything that complicated your DUI charge — e.g. you were extremely intoxicated, you hurt someone, you have a conviction for DUI on your record – then prosecutors can really go after you and make your life very challenging. While even the most effective Pasadena DUI criminal defense attorney cannot make miracles happen, your choice of lawyer can be pivotal.

Turn to Pasadena DUI criminal defense lawyer – and former L.A. city prosecutor – Michael Kraut for help. Mr. Kraut has the wherewithal, skills, and resources to put together a powerful defense for you. Connect with the Kraut Criminal & DUI Lawyers team today for a free, confidential, and thorough consultation (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899).