DUI Crime and Punishment

February 13, 2012

Burbank DUI Insanity—Like Father, Like Son

It’s a theme this blog often covers: Someone gets stopped on suspicion of driving under the influence in Burbank (or elsewhere)… and that’s when the REAL trouble starts.

In other words, the suspect does something stupid after the police have already stopped him or her, and the net result is a hugely more problematic situation.

As an experienced Los Angeles DUI attorney will tell you, your Burbank DUI penalties can escalate wildly if you commit crimes after the fact, such as hitting a police officer, spitting a breathalyzer test back at the police officer, resisting arrest, committing a hit and run, etc.

A crazy case out of Central Pennsylvania illustrates how badly things can go wrong after the fact. Twenty-four year old David Peterson, Jr., was arrested after police found him passed out in his vehicle. The young man had a BAC of over twice the legal limit (the Burbank DUI legal limit, as defined by CVC Section 23152(b) is 0.08% BAC). No doubt scared and intimidated, Mr. Peterson called his father, 44 year old David Peterson, Sr., who promptly hopped in his vehicle and drove to the station to pick him up.

Surprise—the elder Mr. Peterson also had alcohol on his breath. After admitting to police that he had driven to the station, Mr. Peterson submitted to a breathalyzer test and was found to have a blood alcohol concentration of 1.5 times the state’s legal limit. So guess what? He, too, got arrested for DUI.

On some level, this father-son DUI arrest sounds amusing: We leave it to the reader to speculate on the potential Freudian issues at play. On another level, it speaks to the point we were talking about earlier about how Burbank DUI suspects often engage in, shall we say, less-than-strategic behavior after the police arrive.

The younger Mr. Peterson faces a preliminary hearing on February 15, while his father faces a hearing on February 22.

Here are some good rules of thumb to help you stay out of trouble AFTER you’ve been tagged for a Burbank DUI:

1. Speak with a Los Angeles DUI lawyer as quickly as possible.

A good attorney can help you collect and synthesize evidence and statements, challenge police reports and tests, and generally give you a strategic path to avoid things like significant jail time, massive fees and court costs, California drivers’ license-related punishments, etc.

2. Remember that the past is past.

Although you may regret consuming alcohol, narcotics, or medications and then getting behind the wheel, you can’t undo the past. If you get stuck ruminating over what went wrong, you won’t learn the appropriate lessons from what happened. Accept that what happened, happened. And move on by making smarter choices going forward.

3. Learn from what went wrong.

Even if the police wrongfully arrested you or messed up their investigative work or breathalyzer testing, you likely made some mistakes that put you in a position to become a criminal defendant. Spend some time thinking about and writing about what went wrong, and what you can do next time to circumvent that kind of problem.

For help with your defense needs, connect with an experienced Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Michael Kraut is an experienced former prosecutor (Harvard Law School educated) who has won the respect of peers and delivered results time and again at jury trials.

February 3, 2012

Changing the Burbank DUI Paradigm: Part #1 – What’s the Point of Fighting Los Angeles DUIs, Anyway?

by Michael Kraut

In an ideal world, Burbank DUI arrests would never happen.

But we don’t live in an ideal world. Far from it.

Instead, we live in a world in which Burbank DUIs are all too pervasive. What’s more, prosecutors, defense attorneys, judges, police, and the public all operate with false beliefs about the underlying causes of Los Angeles DUI and alcohol and drug addiction. Our inability to “move the needle” and permanently solve problems like Burbank DUI leads to needless suffering, traffic accidents, ruined lives, wasted law enforcement resources, wasted court time, and nasty indirect consequences for our entire city and country.

The Conventional Thinking
The conventional mindset about Burbank DUI prevention (held by many a Los Angeles DUI lawyer) is somewhat fatalistic. The CW suggests that Burbank DUI drivers “just don’t get it” and that they need to be punished and stripped of their rights to make Southern California’s roads safer. The problem, per the CW, is that certain drivers behave carelessly, recklessly, or otherwise inappropriately. These Burbank drivers must be bridled.

But is our punitive, blame-and-judgment-rich approach to DUI prevention really getting us anywhere?

Advocates of the current anti-DUI regime might say Yes. They might point to bright spots in the research, which suggest, for instance, that Burbank DUI checkpoints lead to more arrests and safer roads. You can also find data that suggest that certain types of fatal DUI injury accidents have declined over the past decade or so.

Granted. But DUI is still a pervasive problem. As any Burbank DUI attorney will tell you.

Perhaps the Burbank DUI community could benefit from a bird’s eye perspective on the process. What if we examined our core beliefs about what works and doesn’t work in terms of changing driver behavior, managing DUI-related problems and costs and helping drivers solve those problems more effectively?

Perhaps, for instance, we could think about road safety differently.

Here’s an idea, for starters: Discourage Angelenos from driving so much!

How? By doing things like eliminating sources of free parking. A recent Los Angeles Weekly article about parking theorist Donald Shoup highlighted Los Angeles’ obsession with free parking. Shoup suggests that our free parking fetish has led to many of our city’s most nasty traffic and pollution problems. By eliminating sources of free parking, perhaps we could discourage drivers from driving as much as they do.

Think about it: the fewer miles that drivers clock, the fewer DUI driving miles will be clocked as well!

We will speculate in greater depth in a follow-up post. In the meantime, if you or someone you care about was recently arrested and charged with Burbank DUI, you may need to speak with a Burbank DUI lawyer.

Consult with an experienced Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Michael Kraut is a former city prosecutor (14+ years experience in that position); he is hugely respected by his legal peers, and he boasts a terrific record at jury trials.

January 30, 2012

Could Lindsay Lohan’s Epic Los Angeles DUI Saga Finally Be Drawing to a Close?

by Michael Kraut

Per TMZ, Judge Stephanie Sautner recently told Mean Girls star Lindsay Lohan: “keep doing what you’re doing… you appear to be doing very well.” It’s a shocking turn of events for anyone who has followed Lohan’s Los Angeles DUI saga, an epic tale that is nearly five years old at this point. The actress’ probationary report was practically filled with gold stars. It’s a huge difference from her November 2011 hearing, when prosecutors revealed that Lohan missed more than 75% of her scheduled therapy and neglected her community service at the L.A. County Coroner’s Department.

Could January 17, 2012, go down as a huge pivot point for Lohan?

Not only did Judge Sautner smile at the 25-year-old pop star, but the progress report was apparently “lightning fast,” and Lohan completed enough of her requirements to attend a Sunday night Golden Globes party hosted by none other than Harvey Weinstein. The next court date for Lohan is February 22. Before then, she needs to spend 15 more shifts at the morgue and undergo five more counseling sessions. Once she hits her March 29 deadline, she can move on to unsupervised probation.

Of course, as a Los Angeles DUI lawyer would tell you, many of Lohan’s troubles could have been avoided if she had never driven under the influence of alcohol in Los Angeles in the first place. But her ability to rise like a phoenix from her legal troubles suggests that even recidivist Los Angeles DUI offenders can repair the damage to their lives and make progress. They can manage their punishments (or potential punishments) and learn powerful lessons from their experiences.

One of the most difficult aspects of being a Los Angeles DUI defendant is figuring out what to do, how to do it, and when to do it.

If you lack a fluent understanding of how Los Angeles DUI law works, you may need help, such as a free, no obligation consultation with a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028). Attorney Michael Kraut is a widely respected figure in the Los Angeles DUI defense community. He boasts a terrific record at jury trials. He has a Harvard Law School education. He served for nearly a decade and a half as a prosecutor. And he possesses a compassionate and attentive demeanor as a Los Angeles DUI attorney.

Attorney Kraut and his team can answer your questions, help you build a sound legal strategy, and deal with any challenges or opportunities that present themselves.

January 20, 2012

Could It Happen in Pasadena? Fatal DUI Involving Horse and Truck Nets Man 14-Year Sentence

by Michael Kraut

The number of ways a Pasadena DUI accident could lead to injuries and fatalities is vast. Probably infinite. But there are certain types of accidents that are very unlikely to occur. For instance, DUI snow-cat arrests are zero every year because of Pasadena’s year-round warm weather.

What about horses?

Could Pasadena witness a DUI accident or fatality involving horses or other riding animals? The question does have some public interest. Consider that last week, Illinois authorities sentenced a Michigan man to 14 years in jail for killing a female horse rider while driving a truck DUI.

According to an AP report, Angus Lake had been partying one night in April last year at a local Michigan racetrack. Two women at the same party went out to ride their horses. Confused, Lake went to search for them in his truck. Bad idea. He ran into 25-year-old Michelle Eustis on her horse, killing her and seriously hurting the other woman. Prosecutors allege that Lake’s BAC was nearly twice the legal limit for Illinois (or Pasadena) DUI of 0.08%.

Injury DUIs in Pasadena are charged according to a special set of laws, California Vehicle Code Sections 23153 (a) and 23153 (b). Technically speaking, as a Los Angeles DUI lawyer will tell you, these CVC codes are distinguished from the “standard” Pasadena DUI CVC codes by just a single digit – 23153 instead of 23152. Don’t be fooled. 23152 and 23153 are worlds apart in terms of what they mean for sentencing. For instance, the difference for you could mean a misdemeanor charge and a felony charge (which can radically alter your life in ways that misdemeanors cannot).

Of course, myriad factors go into prosecutorial decisions. How did the injury accident happen? Was the other driver at fault or partially at fault? How were the BAC tests conducted? Were they properly calibrated? Did the officers make any errors of procedure or somehow violate your constitutional rights? The questions are seemingly limitless.

To meet your challenges, therefore, it really helps to connect with an experienced Pasadena DUI defense attorney, such as the Kraut Criminal & DUI Lawyers’s Michael Kraut. Attorney Kraut is a Los Angeles DUI lawyer who has worked in the trenches of Southern California DUI Law for nearly two decades. He spent 14+ years as a Deputy DA for the city prior to switching to help criminal defendants in his role with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899).

January 18, 2012

No Kidding Around: Long Beach DUI Progress Hearings Must Be Attended. Just Ask Kid from Kid ’n Play

by Michael Kraut

Kris Reed, aka “Kid” from the famous 1980s rap duo Kid ’n Play, was arrested last August for driving under the influence near the Long Beach area. The tabloids did not cover this much at the time; indeed, this blog – normally eagle eyed regarded all things Long Beach DUI – did not carry the story, either.

But now the situation has changed. According to a breaking report from tmz.com, a warrant has been issued for the rapper’s arrest, pursuant to charges that he failed to attend a progress hearing on his 2010 arrest.

As TMZ reports, Reed made the exact same mistake last July, when he no show-ed at a different court hearing. Reed made light of his situation, telling a reporter for the celebrity gossip website: “I’ve got DUIs I’m ducking!”

As any Los Angeles DUI lawyer will tell you… and as this blog has reported innumerable times – especially with respect to Lindsay Lohan’s never-ending, tragic DUI ring cycle — Long Beach DUI defendants often make their situations vastly more complicated by failing to follow simple instructions from their attorneys and abiding by the law on and off the road.

The fact is that a Long Beach DUI – even one involving significant damages and injuries – does not have to mean the end of your license, your career, or your record of good citizenship. Indeed, when properly approached, a Long Beach DUI arrest – and even a conviction – can be a profoundly pivotal point in your life – an opportunity to learn more about yourself, to strengthen your resolve, to rededicate your life in a positive fashion. Prosecutors and judges do recognize when defendants are sincerely contrite. If you take the steps to defend yourself properly (with the help of an experienced Long Beach DUI criminal defense attorney) and address the root problems that got you into trouble, you may walk away from your experience happier, more conscientious, and more focused on success.

Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you develop and execute a common sense, highly strategic approach to your defense. Mr. Kraut is a former prosecutor and current Los Angeles DUI attorney. He was educated at Harvard Law School. He has a fantastic record at jury trials and has won great respect from his peers in the legal community.

January 11, 2012

Burbank DUI Arrests (And Arrests Across LA) Up By 9% Over New Year’s: What Does It Mean??

by Michael Kraut

According to California Highway Patrol estimates, 248 motorists were arrested under suspicion of driving under the influence in Burbank and elsewhere in Los Angeles over the New Year’s “holiday crackdown” period. Last year, over the same weekend, only 228 motorists were busted for Los Angeles DUI. As pundits have pointed out, this means that DUI arrests spiked by 9% over the 2011 numbers.

What does the spike mean, if anything?

First of all, take a step back. Without context for those statistics, it’s impossible to tell whether a 9% bump in arrests over any given weekend is statistically significant in any way – or whether it’s simply random statistical noise. Unfortunately, the media and many bloggers will make a mountain out of the molehill of these statistics, anyway. The headline “Burbank DUI arrests spiked 9%” will undoubtedly be leveraged to try to prove political points, spur interest in websites through Google searches, and generally sensationalize the situation.

We all, in some sense, understand that the media operates in a less-than-scientific manner when it discusses the ramifications and potential solutions for Burbank DUI. But often the “experts” themselves fall into a similar trap of extrapolating way too much information from poorly parsed statistics and research.

This isn’t to say that we can’t know anything about Burbank DUI or that people shouldn’t report on these stories or spin them. But it’s helpful to deal with numbers and reality instead of fantasies and spin, especially if you are a Burbank DUI defendant confused about your rights, responsibilities, and potential punishments.

Statistics can lead to insight and possible solutions, of course. For instance, a 2009 Centers for Disease Control and Prevention (CDC) analysis found that nearly 11,000 people died on US roads in 2009 due to alcohol influenced auto accidents. The CDC also argues that field sobriety checkpoints in Burbank and elsewhere can reduce DUI accidents by as much as 20%. So it’s not like reporters and policy makers are operating in a zero-information environment. Quite to the contrary, they collectively understand a lot more about Burbank DUI behavior and potential solutions.

If you have an urgent question about your Burbank DUI arrest, connect with an experienced and highly reputable Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to get help now. Attorney Kraut is a Harvard Law School-educated former prosecutor, and he has a nearly perfect record at jury trials and an excellent reputation among his legal peers.

January 9, 2012

West Hollywood DUI Lessons: What to Make of the Xenophobic (?) Serial Arsonist?

by Michael Kraut

While West Hollywood DUI rates over the New Year’s Eve weekend spiked nearly 10% from the 2011 numbers for the same weekend last year, WeHo residents were extremely distracted from the fireworks, celebrations, and festivities by a rampaging arsonist. According to Los Angeles Police Department officials, from Friday through Monday, an arsonist set at least 50 fires throughout West Hollywood, the Valley, North Hollywood, and other communities.

Last Monday, police finally apprehended the suspected arsonist, 24-year-old Harry Burkhart. According to speculation, Burkhart set the fires as an angry retort to his mother’s imminent deportation back to Germany. An anonymous state department official tipped off the LAPD that Dorothee Burkhart – who had been detained in federal custody last week on an arrest warrant – “spewed angry anti-American statements” and may have, indirectly, encouraged her son to cross the line. Of course, this is all speculation, and the investigation will strive to answer some lingering questions panicked West Hollywood residents have about why the arsonist acted. Hopefully, measures will be implemented to stop similar crimes in the future.

Can we draw any general lessons from the blazes to help individuals who have recently been arrested and charged with a crime like driving under the influence of alcohol in West Hollywood? Absolutely.

In fact, there are three lessons.

1. First of all, recidivism breeds prosecutorial aggression.

Driving under the influence in West Hollywood is a serious and potentially lethal crime. Likewise, arson is a felonious, easily lethal action. However, committing multiple crimes – being what’s known as a recidivist – will grab the attention of the long arm of the law and lead to massive punishments. This brings us to lesson number two…
2. If you’re out of control, get help, even if you’ve done something wrong.

Often drivers who get into trouble – by committing a hit-and-run DUI in West Hollywood, for instance – flee responsibility and make their potential punishment worse. When the authorities finally find you, you’ll not only face charges for your original crime, but you will also face additional charges and penalties for evading arrest. On the other hand, it’s never too late to face your responsibilities and deal with your situation strategically and intelligently.

3. If you have been arrested (or know someone has been arrested), connect immediately with a qualified West Hollywood DUI criminal defense attorney.

Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is a Harvard Law School-educated, very experienced former prosecutor. He has the connections, understanding of the law at a practical and theoretical level, and compassionate attentiveness you need to build your best case.

January 6, 2012

The Karma of Burbank DUI: Lessons from the DUI Arrest (and Public Shaming) of ESPN Analyst Matthew Barnaby

by Michael Kraut

Let’s face it: The Burbank DUI process is quite technical and scary.

But if you simply study the law, you will not get a sense of how difficult it can be to face Burbank DUI charges. For instance, you might read a story in the news about a guy who gets pulled over for driving 0.14% near Victory Boulevard and how 0.14% BAC is nearly twice the Southern California legal limit, as defined by Southern California Vehicle Code Section 23152(b), and blah blah blah.

But what do those details really tell you? Not too much. They are dry and clinical.

Often, deep sadness, frustration, and anxiety underlie Burbank DUI incidences. For instance, consider one of last week’s biggest tabloid stories: Matthew Barnaby, a former NHL pro with the Buffalo Sabres, was fired from his job as an ESPN analyst after being arrested for driving under the influence in New York. Allegedly, he drove his Porsche Cayenne on the wrong side of the road – while missing a front tire, no less!

ESPN terminated his contract, effective immediately, and Barnaby might also face deportation to Canada, in part because of domestic charges stemming from a previous arrest. Earlier in the year, per the Buffalo News, Barnaby kicked down the garage door at the house of his estranged wife. Per an arrangement with the court, Barnaby agreed to 500 hours of community service and vowed to stay out of trouble.

Well, driving on the wrong side of the road while Burbank DUI with a car missing a front tire is basically the definition of trouble.

Without the backstory here – without knowing that Barnaby had struggled with domestic issues – his DUI would seem out of context and, in essence, random.

Once you understand a little bit about his history, the charges, at least superficially, seem to make more sense. Rarely are human beings motivated by pure caprice when they break the law. Often, there is an underlying factor – or factors – that cause or contribute to the situation.

To build your best defense, therefore, you may find it beneficial to speak with Burbank DUI criminal defense Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Mr. Kraut is a former Deputy DA (14+ years) and respected legal expert on the subject of DUI. Attorney Kraut can help you understand why you got in trouble in the first place and build the best, most strategic case possible.

January 4, 2012

481 Long Beach DUI Convictions?? Not That Many, but Still a Ridiculously Large Number…

by Michael Kraut

How many Long Beach DUI convictions should a person be allowed to rack up before that person is removed permanently from society?

This is not a purely theoretical question. In fact, a Bloomingdale, Indiana man, 49-year-old William Dietrich, was sentenced last Monday with two decades behind bars for his 11th DUI conviction since 1982. A local newspaper summarized the checkered, disturbing history of the defendant: “In addition to the April charge, Dietrich received DUIs in McLean County in 1982, 1985, twice in 1986, 1989, 1991, 2000, 2002 and 2005. He also was cited for the offense in 2007…a conviction that resulted in an 8-year prison sentence.” Dietrich was released on parole in September 2010 on that charge, but returned to prison for violating the terms of his release after the 2011 charges.

Dietrich’s odyssey is not typical for a Long Beach DUI defendant. But his escalating punishments – and the reasons behind those punishments – serve as a powerful cautionary tale. Consider what Indiana attorney Jane Foster said about Dietrich’s situation: “[The State of Indiana] has made repeated efforts to stop and change this defendant’s behavior through fines, jail, prison, treatment, probation, parole and revocations of his license. Since he has refused to comply with the law and to stop driving under the influence, our office wanted him removed from society.”

California also has an escalating system of punishments. Any Long Beach DUI conviction is a blemish, and you could face jail time even for just one DUI event – particularly if you caused injury to someone else or engaged in other crimes while DUI, such as hit and run, assault, etc. If you get three or more Long Beach DUI convictions within a 10-year span, prosecutors might be able to charge with you a felony instead of a simple misdemeanor. This could be in addition to escalating penalties – hiking up your fines and fees, increasing the amount of mandatory alcohol school and the strictness of your probation, etc.

Dietrich’s odyssey raises questions about what can be done to stop and, ideally, treat seriously recidivist Long Beach DUI drivers. Why did treatment and rehab fail for him? Is Dietrich just a rotten apple? Or did the problems stem from ineffective punishment and/or treatment? All of the above? None of the above? Did he have brain damage or a mental illness? Without more information about his case, it’s impossible to judge.

And that, in essence, is the point.

If you or someone you care about has been arrested more than once for a Long Beach DUI, you need to drill down to the root of your problem. An experienced, compassionate 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) can help you come to terms with your charges and what to do about them. Attorney Michael Kraut is a well-known and well-respected former prosecutor.

January 2, 2012

Direct Burbank DUI Penalties: The Scary Stuff You Fear Most

by Michael Kraut

If you or someone you care about has recently been pulled over and arrested for driving under the influence in Burbank or elsewhere in Southern California, you are likely focused on potential penalties.

The punishments will depend on a vast and diverse constellation of factors. In this blog post, we will discuss some of the “level one” penalties you might expect. Southern California DUI penalties transcend simple issues of jail time, fees, and inconvenience. Unless you identify the root cause of your trouble and work with a responsible Burbank DUI criminal defense attorney, your crisis may only grow bigger.

But enough gloom and doom. Let’s get down to brass tacks. If you are a first time Burbank DUI offender and you get charged with a misdemeanor, the court can still impose a fearsome array of penalties. You may be held for 48 hours in custody with the possibility of up to six months behind bars. Your maximize fine: $1,000… on top of court costs, which can, in and of themselves, be way more than $1,000.

Your CA drivers license can be suspended for a full year. The court can impose six weeks (up to nine months) of alcohol school. You might face probation, both formal and informal, and, as of July 1, 2010, you may be forced to blow into a device called an interlock ignition device every single time you want to drive your car. Basically, the IID stops you from driving your car if you have alcohol on your breath.

The penalties for second-time, third-time, and fourth-time DUI offenders within 10 years ratchet up substantially. Again, the degree to which they will be elevated depends on the nature of the offense and the circumstances. For instance, if you just collect two, non-injury misdemeanor DUIs within an eight-year period, you may be able to battle back pretty effectively. On the other hand, if you hurt someone while driving DUI in Burbank, you may be subject to extra penalties under CVC 23153 (a) and 23153 (b). If you prove to be a recidivist offender, you could be forced to spend up to a year in jail, or your misdemeanor could be even be converted to a felony, and you could be forced to spend even longer behind bars.

You don’t need a blog post to make these penalties sound foreboding and scary.

The threat of jail time alone is enough to terrify most ordinary Angelenos. The threat of fines and court costs is disheartening and terrifying in its own right, particularly if you have a mortgage to pay, creditors nipping at your heels, kids in school, etc. The threat of having your license suspended is obviously horrifying. In Los Angeles, we depend on our cars to go to work, meet our obligations, and go grocery shopping. The threat of probation is annoying at best and a massive inconvenience at worst. Going to alcohol school is also inconvenient, even if it can be useful.

For help piecing together your best Burbank DUI defense, connect with attorney Michael Kraut at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Connect with this former prosecutor today to begin your journey to protect yourself against these frustrating and scary penalties.