Articles Posted in DUI Crime and Punishment

New Year’s Eve is possibly the most dangerous day of the year for Pasadena DUI accidents and injuries. Revelers intoxicated on champagne (and who knows what else) will no doubt be populating roads like the 5, the 210, and California Boulevard, and threatening their own lives as well as the lives of everyone else out there. 2012-new-years-eve-dui-pasadena.jpg

You obviously want to protect yourself against the possibility of being arrested and charged and ultimately convicted for Pasadena DUI on New Year’s Eve. Not only would such a charge seriously ruin your evening, but your whole outlook on the New Year would be different. Your affirmations for the New Year could go from getting a new company off the ground or finding love to simply avoiding jail time.

A Pasadena DUI arrest or conviction would seriously throw off your 2012 game plans.

So, how can you protect yourself against this? If you Google around and read self-help literature, the answers seem easy enough: find a designated driver, know your limits, and if you do plan on drinking, avoid getting behind the wheel, etc.

Many people who know these rules – and have them branded onto their brains – nevertheless make mistakes at the 11th hour (literally) and still get behind the wheel and drive DUI. Why? Possibly because they do not pre-think their actions and behaviors!

If you are in a sober state of mind, you might say “of course, I would never drive DUI in Pasadena, that would be stupid.” However, if you are out partying with friends, and you want to keep up with the action, and the next party is at a bar just two blocks away… common sense and good judgment can be derailed by the circumstances and surroundings.

To protect yourself, “pre-think” yourself into safety.

What might you say or do that could throw off your plan to drive safely this New Year’s Eve? Why might you be tempted to get behind the wheel after “only having a few drinks”?

You don’t have to spend 20 minutes doing this exercise. Just spend 5 minutes. Just take the time now, before you go out, to review your common triggers – triggers to misbehave, to do things that you regret in the morning, etc. – and make a conscious, specific effort to avoid doing those this year. If you don’t trust yourself, write down these affirmations, and carry them on a little piece of paper or as a cell phone memo – a message from your wiser, more sober self to your more impulsive id-driven self to behave and avoid doing dumb things.

Of course, best intentions aside, mistakes happen. If you need a qualified Pasadena DUI criminal defense attorney, turn to Michael Kraut with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut is a former prosecutor with 14-plus years of experience as a former Deputy District Attorney. He is Harvard Law School educated. He is well respected as a Pasadena DUI expert by institutions like KTLA, the Los Angeles Times, Fox News, etc.

Continue reading

Driving under the influence in Long Beach and driving in a school zone don’t mix. This truism is obvious enough. However, unfortunately, common sense is one of the first things that goes out the window when driving intoxicated.long-beach-dui-jail.jpg

Two weeks ago, Marie Lippincott of Costa Mesa struck and nearly killed a 17-year-old senior, Crystal Morales, at her son’s high school in Newport Harbor. Lippincott was arrested for causing an injury DUI and held at an Orange County jail in lieu of bail set at $100,000. Investigators suspect that she was driving under the influence when she hit Morales at a crosswalk on Margaret Drive, right before school let out. Court records show that Lippincott has a criminal history. In 2005, she pleaded guilty to prescription drug fraud, burglary, and theft. As for poor Ms. Morales, she was hospitalized in a coma with internal bleeding, swelling of the brain, internal injuries, and head trauma. A spokesperson said that Morales would be on assisted breathing for at least two weeks to recover optimally.

When reading the reports of Long Beach DUI accidents like this one, it’s easy to quickly judge people and “explain away” the facts of the accident. However, jumping to conclusions can be dangerous business. For instance, in a Los Angeles Times blog post about the accident, Laura Boss, a spokesman for the school district, highlighted that the section of Irvine Avenue where the accident occurred “has been a safety concern for school officials.”

This is not to excuse the bad driving or DUI driving, if it did occur. However, it does suggest that Long Beach DUI accidents do not occur in a vacuum. Often, a constellation of factors plays a role. Yes, a driver may be DUI. Yes, a driver may make misjudgments. But other factors, such as poor road engineering, auto malfunctions, and the dangerous or less-than-ideal actions of others can all come together to create the “perfect storm” of an accident.

If you have been recently arrested for driving under the influence in Long Beach, connect with an experienced Long Beach DUI criminal defense attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Attorney Kraut is a former DUI prosecutor (14-plus years in the Deputy District Attorney’s office), so he understands the dynamics, nuances, and emotional complexities of DUI cases. Tragedies like what happened to Ms. Morales are not inevitable, and they do not need to be repeated. It’s important for all of us to understand what goes wrong in these kinds of situations and to deal with the repercussions in a fair and compassionate way.

Continue reading

You’ve recently been hit with a charge of driving under the influence in Beverly Hills, and you’re still reeling from it. The mind is churning up worst case scenarios:beverly_hills_dui-long-term-consequences.jpg

• What if the person you injured during your Beverly Hills DUI doesn’t recover or is saddled with a lifelong disability?
• What if you have to go to jail for years?
• Who will take care of your business, your home, your family?
• What if you lose your driver’s license and have to pay thousands of dollars in fines, etc?
• What should you be doing now to make your new job as a Beverly Hills DUI defendant easier and more strategic?

We’ve discussed the direct consequences of Beverly Hills DUI conviction (e.g. jail time, fine/fees, mandatory alcohol school, mandatory installation of an IID device in your vehicle, probation, etc) as well as the indirect consequences (e.g. hiked up insurance rates, loss of confidence, loss of self respect and professional reputation, massive, chronic inconveniences that strain your budget, etc).

But a third, arguably even scarier set of penalties awaits you. These pertain to the effect of your DUI event and possible conviction on society as a whole.

To get a little philosophical for a second… cities like Beverly Hills (and Los Angeles in general) maintain their social cohesion through bonds of trust, order, and mutual self interest. Those bonds are not absolute, however. Difficult economic conditions, fraud and crime, war, disease, and other destabilizing forces can fray these bonds and lead to chaos in the community.

Now, obviously, your Beverly Hills DUI is not going to “make or break” the city. At least, hopefully it’s not going to. On the other hand, the incremental effects of Los Angeles DUI arrests, convictions, consequences, etc on society as a whole are non-negligible. In other words, what you do behind the wheel has an effect beyond the immediate radius of your accident.

If you recall the movie Office Space, you’ll likely remember the scam the co-workers pulled – they essentially tried to “shave off” fractions of a cent from millions of bank accounts in a high-tech heist. Individually, no one customer was hurt; collectively, however, the financial institution was damaged.

The obvious retort is: Well, it was just me who got in trouble. How much of a difference could my actions have made? But multiply that attitude times hundreds of thousands of Angelinos, and you have a recipe for chaos, disorder and worse.

The moral here is: You have a choice. Even if you’ve already a committed a Beverly Hills DUI – and even if that DUI was serious and caused injury and/or property damage – you have a choice right now to change your perspective on what happened and not only rebuild your own life but also work towards healing society and making the city and our world a more compassionate, livable, hopeful environment.

Of course, it’s important to ground ideals into solid thinking and strategy. Connect with a Beverly Hills DUI defense attorney from the Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935 ) right now to plan your next steps. Attorney Kraut is a hugely respected former prosecutor who can help you understand your rights and best next steps.

Continue reading

How much will your Pasadena DUI cost you, in terms of energy, freedom, and, perhaps most substantially, money?pasadena-dui-costs.jpg

If you face Pasadena DUI charges, this question – and all the branches of thought that it generates – no doubt weighs heavily in your mind. A recent Fox Business news article suggested some very sobering numbers: “(if convicted) you should expect your insurance rates to double. That varies from driver to driver, of course.”

A 24-year-old Seattle woman who got DUI with no priors found that “her insurance quotes spiked radically.” Before the accident, she “saw quotes from $742 to $1,814 a year for basic liability and personal injury protection.” After the misdemeanor DUI – no injuries, no complications, no priors – “her insurance quotes ranged from $1,608 to $2,492.” As long as your DUI remains in your record, you likely have to pay these steeper rates.

So let’s do a little math. Say a 24-year old gets a Pasadena DUI, and her insurance hikes up from $800 a year to $1,600 a year. So she’ll be paying $800 extra a year. Multiply that by three years and that’s $2,400. For some people that’s equal to a year’s worth of car payments.

Also, that’s just the insurance costs, and that’s just for standard “garden-variety” Pasadena DUI charges. That $2,400 figure obviously does not include court costs and fines, the money you have to pay to install a mandatory ignition interlock device in your car, and so on.

Moreover, even those costs likely underestimate the total resource drain. After all, Pasadena DUI defendants often have to take time off of work to go to court — money lost there — and they may need to make significant changes to their daily schedule — even more money lost there. And this is to say nothing of the psychological toll that a DUI conviction can have on someone. A person who suffers depression or other emotional problems as a result of a Pasadena DUI conviction will likely work fewer hours. Likewise, in certain cases, a DUI conviction can mean the end of your job. At the very least, it can seriously degrade your professional reputation and even your reputation with close friends and family members.

So what can you do?

Step one is to get the resources and strategy you need to put up the most stiff resistance to the charges. Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is a highly reputable, experienced law firm. Attorney Michael Kraut served for 14 years as a Deputy District Attorney. Connect with a Pasadena DUI criminal defense attorney today to design and develop your smartest response.

Continue reading

If you’ve been arrested, and potentially convicted, more than once for driving under the influence in Burbank, you might find it useful to evaluate the fundamental problem that’s been getting you into trouble.burbank-dui-hole-stop-digging.jpg

As Will Rogers once famously intoned, “If you find yourself in a hole, stop digging.”

All well and good. But how does that translate into action?

More specifically, if you admit that something other than dumb luck contributed to your getting arrested multiple times for driving under the influence in Burbank, how do you objectively think through what’s caused you so much pain and caused you to engage in such reckless behavior?

The standard party line is that Burbank DUI defendants are incompetent, ignorant, reckless, or (insert other negative judgment here). Labeling a person — or even a behavior — as “good” or “bad” is not necessarily that informative. It might make non-Burbank DUI drivers feel superior. It might make people who have been convicted of driving under the influence, per California Vehicle Code Section 23152 or 23153, feel guilty and ashamed. But it does not get at the root problem. A judgment is just a description, and a tenuous one at best.

So how do you make progress?

One way to make progress is to analyze the feelings and thoughts that you had before, during, and after your DUI arrest or other automobile event. The more discreet, focused, and comprehensive your survey of your thoughts and emotions, the easier it will be to spot patterns – habitual behaviors and ways of thinking. You can then use your new knowledge of said patterns to engineer a remedy.

For instance: say, after journaling about your experience, you discover that every time you’ve driven DUI in Burbank, you just-previously experienced a deep frustration, such as a job loss, family fight, or even rejection at an audition. If so, you can recognize that certain negative events trigger you to take leave of your senses. So the next time you find yourself in a situation where you are frustrated or angry, you can become consciously aware of the trigger and take measures to disrupt your pattern of partying or taking drugs to make the pain go away.

Of course, you may also have urgent logistical or legal concerns. The Kraut Criminal & DUI Lawyers in Burbank (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help. Attorney Michael Kraut is an experienced Burbank criminal defense attorney who specializes in DUI, and he can help you construct a rigorous, solidly structured defense.

Continue reading

When you read in the paper (or on the blogosphere) about people getting arrested for driving under the influence in Glendale, you usually see those stories isolated of context. This is unfortunate, since the only way to extract useable lessons (including lessons about “what not to do”) is to contextualize stories. genes-and-alcohol-glendale-dui.jpg

What does that mean? It means understanding their subtleties, their back stories, etc. For instance, consider the case of the distracted “duck boat” captain in Philadelphia, who was sentenced last week to over a year in jail for plowing his sightseeing boat into an obstacle, killing two Hungarian tourists aboard.

At first blush, the story suggests that the captain was essentially a reckless idiot. However, when you dig deeper into his backstory, things get more complicated. Turns out, he had been distracted because his son had been involved in an emergency eye surgery gone horribly wrong, and he was communicating with his wife about the latest minute-by-minute in the OR. Obviously, he should not have been derelict in his duty, and he was ultimately culpable for what happened. But when you consider the situation in context, it certainly becomes more nuanced.

Similarly, genetics and other seemingly inconsequential or subtle minutiae may matter. A Glendale DUI arrest, like a DUI arrest anywhere, needs to be taken in context.

For instance, consider last week’s arrest of 22-year-old Sean Owen O’Neill Jr., in West Goshen Pennsylvania. According to police reports, the 22-year-old was arrested last Thursday on suspicion of DUI, after he crashed his car into a home. Upon first looking at the story, you might be tempted to believe that Goshen’s incident was disconnected from anything in his past – maybe he was just a youth out for some reckless, careless fun.

However, one local paper describes his back story: “The arrest is the latest in the family’s string of legal problems. O’Neill served jail as a juvenile for a 2006 shooting at a party at his home. His sister, Roison O’Neill, is in prison for a fatal 2008 drunk driving accident. And their father, pub owner Sam O’Neill Sr., was recently deported to Ireland after serving time on a federal gun charge.”

As we were discussing above: Context, context, context.

What does this all mean, in a practical sense, for you, if you’ve been charged with a Glendale DUI?

It means that the way in which you and your Glendale DUI criminal defense attorney scrutinize what happened to you – before, during, and after your arrest – should have a profound impact on your capacity to fight back against the charges, avoid the worst penalties, and rebuild your life.

Not every Glendale DUI attorney has the track record, experience, and commitment to understand your arrest in the context in which it needs to be understood. Fortunately, you can connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123 ). As a former prosecutor and Harvard Law School educated lawyer, Mr. Kraut has the wherewithal and the connections to build your case.

Continue reading

When you read about celebrities (or even relatives of celebrities) arrested for driving under the influence in Long Beach or elsewhere in the Southland, you have to feel a certain amount of sympathy and sadness. Celebrities, actors, politicians, well-healed CEOs and others who get into trouble with the Long Beach DUI laws inevitably face not only protracted legal troubles but also embarrassment and shame because, as important figure heads, they “should have known better.” So guilt and shame likely compound the already stressful situation.griffin-oneal-dui.jpg

Last week, Griffin O’Neal – son of actor Ryan O’Neal and daughter of the late great actress Farah Fawcett – pled guilty to felony charges of possession of a firearm by a felon and driving under the influence, according to a San Diego Union Tribune report. The 47-year-old had a strike on his record for a 1992 vehicular shooting in Los Angeles. He didn’t hit anyone with the bullets, but he did shoot up a car, apparently.

Griffin collided head first with a car in San Pasqual, CA last August. The Union Tribune reports that “toxicology test revealed that O’Neal had amphetamines, cocaine, marijuana and Xanax in his blood at the time of collision…(in addition) raw cocaine and loaded weapons were found in (his) vehicle.”

Interestingly enough, Griffin’s half brother, Redmond, had been stopped and arrested in Santa Monica the day of his crash, after police officers found heroin in Redmond’s car.

Once you’ve been arrested for a drug DUI in Long Beach, multiple alarm bells should probably go off. You don’t have to be Dr. Drew or a licensed psychotherapist to at least postulate that significant demons must be plaguing poor Mr. O’Neal. The question for anyone concerned with Long Beach DUI safety is: what should be done to treat people who are convicted for Long Beach drug DUI? And within the context of “what’s best for the defendant,” what can we do collectively to make our roads safer and more DUI driver proof?

These are obviously two huge questions – bigger than this blog post can tackle effectively. However, it’s at least helpful to raise them. The more we collectively think deeply about the news – not just scan it and gulp it down, but actually take the time to process its meaning and introspect on it – the better strategic thinking we will develop as a result.

On a more, specific, pragmatic note, if you need a Long Beach DUI criminal defense attorney, consider talking to Harvard Law School educated former prosecutor Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Attorney Kraut is a well regarded and well connected attorney who has excellent knowledge of the system and a deep and practical understanding of what it takes to win a DUI defense case.

Continue reading

It’s no secret that driving under the influence in Beverly Hills or elsewhere in the Southland is a one-way ticket for disaster, for your license, your pocket book, your reputation, and potentially, your life and the lives of the people on the road. Hagarty-dui.jpg

If it’s such a “no brainer” to avoid driving DUI, than anyone with even a modicum of common sense should understand that violating California Vehicle Code Section 23152(a) or 23152(b) is less than a stellar idea.

It sure seems like a no-brainer. But why, then, do so many people get into so much trouble behind the wheel? Perhaps more interestingly, why do professionals in the legal system — even people who prosecute DUI cases day in, day out, as part of their livelihood — make the same blunders that “amateurs” do?

We can save the psychological speculation for a later time. It’s probably more interesting to take a look at specific examples, such as last Wednesday’s arrest of Yakima County Prosecutor Jim Hagarty. According to a local Seattle news report at www.kapptv.com: “The State Patrol says Hagarty rear-ended another car on South First Street about 7:15 last night. Troopers said Hagarty showed signs of impairment, so they arrested him and took him to the county jail for a breathalyzer test. The State Patrol hasn’t released the results of that test, but Hagarty was cited for DUI.”

When a prosecuting attorney gets arrested for DUI in Beverly Hills, Yakima County, or anywhere else, it’s a fascinating and certainly sad development. It should ring alarm bells as well as underline the fact that defendants in Beverly Hills DUI cases are diverse. They can run the gamut from serial offenders to paragons of rectitude.

We can analyze Hagarty’s arrest on a number of levels. On the one hand, the cynical reader might think it indicates that our Beverly Hills’ DUI problem is totally out of control: even prosecutors are getting into the act. The cynic might say: “lawmakers need to pass more draconian anti-DUI laws, and we need to “turn the screws” harder on anyone guilty of DUI.”

On the other hand, you can embrace a more expansive view, and appreciate that the challenges and struggles that lead people to drive DUI are profound, subtle, and worthy of compassion.

Perhaps the “assumed choice” – that we have to choose between punishing Beverly Hills DUI drivers or living with dangerous roads – is a false one. Perhaps one way to make roads safer is to understand the complex factors that drive people to commit crimes like Beverly Hills DUI. If we can root out the fundamental causes of bad, dangerous, distracted driving, then we can come up with better remedies. Our problems may be easier to solve than we realize.

For help from a Beverly Hills DUI criminal defense lawyer, connect with the team at the Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is an experienced, well-regarded former prosecutor who has the tools, resources, and connections to help you come up with your best defense.

Continue reading

Anyone who has sat and pondered the penalties for Long Beach DUI understands, on a visceral level, what fear feels like.Blaise-Melofchick-DUI.jpg

It’s not just the potential jail time that scares defendants. It’s all the other logistical, financial, and emotional headaches that come with the conviction. For instance, even if you are convicted for a minor misdemeanor Long Beach DUI — no property damage or injuries — you can face substantial mandatory alcohol school, court fines and fees, mandatory installation of an IID in your vehicle, license suspension, and, yes, possibly substantial jail time.

Those Long Beach DUI penalties are only the direct penalties. You still may have to face the indirect – the secondary, tertiary and quaternary “blow back” from your conviction – such as screwed up insurance rates, loss of support from friends, family members, and employers, self esteem problems, inconveniences both short term and chronic, and loss of self confidence.

Given all these disincentives, it’s not surprising that some people try their darndest to escape the Long Beach DUI process. Smart defendants might research and then retain a top-caliber Long Beach DUI criminal defense attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). (Mr. Kraut is an experienced, highly reputed attorney with the connections, strategic insight, jury trial record, and compassion to help practically any Long Beach DUI defendant, no matter how complicated or scary the situation.)

On the other hand, fear can also motivate some, shall we say, less than intelligent behavior.

Consider a baffling story out of Scranton, Pennsylvania, of all places. A 29-year old man suspected in a DUI crash left a medical center in leg irons to escape custody. Here is a report from therepublic.com: “Authorities say (the 29-year-old Blaise) Melofchik was arrested on suspicion of driving under the influence after police said he crashed into a parked car on Tuesday. Officers took him to the hospital after he appeared to be under the influence of opioids.” The Times Tribune (a local paper) reported that Mr. Melofchik managed to walk away from the Medical Center and escape undetected.

Even after “patrol officers swarmed the area looking for (him),” the search was unsuccessful. Authorities blamed the “breakdown in communication” for Mr. Melofchik’s escape. But the deeper story here is the fear, possibly terror, that the suspect felt which motivated him to undertake the risky escape. If he does eventually get rounded up, one might naturally suspect that additional charges will be thrown at him.

Do not overcomplicate your defense. Begin today by making smarter choices and by connecting with a reputable Long Beach criminal defense attorney.

Continue reading

In the annals of Beverly Hills DUI arrests (and arrests for similar crimes in surrounding areas, like Pacific Palisades and Malibu), few sordid tales are as well known as Mel Gibson’s July 28, 2006 arrest on the PCH for driving under the influence. As regular readers of this blog (and really any publication that even remotely address problems like celebrity dysfunction and Beverly Hills DUI) know, Gibson dined at Moon Shadows in Malibu just hours before getting pulled over and spouting off crazy antisemitic ramblings to the arresting officer.mel-gibsons-dui-arrest-los-angeles.jpg

The “What Women Want” actor absorbed the public once again with a lurid spectacle earlier this year. Taped arguments between Gibson and his ex-girlfriend leaked into the blogosphere, revealing the ramblings of what appeared to be a sad, desperate person. Many of Gibson’s fans abandoned him, and even his long-term Hollywood pals distanced themselves. Never one to be intimidated, however, Gibson refused to allow the bad press to impact his life and his wanderings. Last week, paparazzi snapped some photos of Gibson hanging out at Moon Shadows at Malibu with a young lady friend, whom TMZ.com referred to as a “mysterious blonde.”

Gibson apparently was in no mood to repeat his mistakes of 2006 – he did not consume alcohol, and he had a driver drive him and his date home.

Nevertheless, this story does raise some interesting implications about what happens when defendants commit the same crime twice. If you are arrested and convicted more than once for Beverly Hills DUI, pursuant California Vehicle Code Sections 23152(a) or 23152(b), within a 10-year period, your penalties can escalate substantially.

Collect three DUI’s or more in one decade, for instance, and what ordinarily would be a simple (and potentially dismissible) misdemeanor Beverly Hills DUI charge could get jacked up to a felony DUI charge. As students of the law (and watchers of legal procedural shows) know well, a felony is far more serious than a misdemeanor. Depending on the nature of the legal indiscretion, you may also face additional penalties, such as extended probation time and stricter terms, longer time in alcohol school, longer drivers’ license suspension, more jail time, steeper fines and court costs, and harsher indirect problems, such as spikes in your insurance rates.

For help with your DUI charge, connect with the respected, highly accredited Los Angeles criminal defense attorney Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Kraut has experience fighting for both sides: before he became a criminal defense attorney, he spent 14 years as a city prosecutor, during which he amassed a nearly perfect record at jury trials and a reputation as a convincing, compassionate, astute student of the law.

Continue reading

Contact Information