DUI Crime and Punishment

November 7, 2011

Are Glendale DUI Field Sobriety Tests Inherently Unfair?

Whether you got arrested on the way home from a birthday party at the Glendale Galleria, or you got tagged for driving under the influence in Glendale on a clogged Southern California freeway during the throes of one of the Southland’s notorious Sig Alerts, chances are, your memories of what happened with the police are emotional, possibly blurry, and certainly painful and uncomfortable.

Most DUI drivers (fortunately) only have to experience field sobriety tests, PAS tests, and difficult police officer questions once or twice in their lives. That is certainly more than enough for most people. However, the “lack of practice” we have in terms of managing the ultra stressful situation of being put through the paces of FSTs and breathalyzer tests or blood tests, intense officer questioning, and the like can redound to negative effect for our ability to cope.

Glendale DUI suspects, often out of sheer naivety, fail to take simple actions that could protect their rights, get charges dismissed, and preserve and protect their reputations, driver’s licenses and good insurance rates.

Why are Glendale field sobriety tests so vexing and so potentially unfair?

Here are just a few speculative reasons:

Easy to confuse “learning related stumbling” with “DUI related stumbling.”

Most of us do not sit at home, practicing how to walk a straight line, counting backwards by 3, or saying the alphabet backwards. In fact, chances are, if you put yourself through field sobriety tests in your own kitchen or office or wherever you are now, you would stutter, stumble, and fumble around a bit because these activities are unfamiliar to you. This is normal human learning behavior –we learn by trial and error. Unfortunately, these normal-learning-related fumbles and stumbles and mumbles can easily be confused for DUI-related coordination problems.

Distractions abound.

Suspects don’t take Glendale field sobriety tests in a vacuum. They are bombarded by stimuli, including police officers (sometimes several) watching your every move, traffic roaring by, lights, sirens, etc. All these distractions make it harder to concentrate.

Emotional/stress reactions to the DUI stop itself.

Even a stone cold sober driver stopped and put through FSTs will undoubtedly experience soaring and crashing emotions, including stress reactions, anxiety, fear, anger, and other states of mind. These emotional reactions can also interfere with your ability to “pass” these tests.

Officer subjectivity.

Field sobriety tests are not like SAT tests, in that one can’t really ever standardize results because of all the variables involved. So, officer subjectivity undoubtedly plays an enormous role in terms of the diagnosis “DUI or not DUI”. Even officers who ostensibly try to play by the book – who seek to be as scientific and objective as possible – are no doubt heavily influenced by their biases, moods, perspective on the tests, and so forth.

All this is to say that if you failed your Glendale FSTs, it might behoove you to seek counsel from a respected, experienced Glendale criminal defense attorney. Connect today with Michael Kraut of the Kraut Criminal & DUI Lawyers in Glendale (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Come up with a strategic plan of action, and protect your rights and resources. Attorney Kraut is a veteran former prosecutor with a Harvard Law School education and a terrific reputation among his legal peers (including prosecutors and judges).

November 5, 2011

Los Angeles DUI Checkpoints for Halloween: Trying to Prevent True Halloween Horrors

by Michael Kraut

Over the weekend, Los Angeles DUI Saturation Patrols were on red alert looking for dangerous drivers on California’s freeways and surface streets.

A local police chief in Glendora issued a press statement summarizing the intent and purpose of the extra saturation patrols: “there isn’t a Halloween costume clever enough to hide an impaired driver who has made the poor decision to get behind the wheel.”

Halloween is notoriously a dangerous time for drivers. Like most national holidays, including Super Bowl Sunday, New Years Eve, Memorial Day Weekend, and 4th of July, Halloween is a time for community revelry. As a result, more people go out partying, and thus more DUI or near DUI drivers populate the roads, particularly at night.

National Highway Traffic and Safety Administration (NHTSA) statistics from 2009 found that nearly half of all Halloween night fatalities involved motorcycle riders or drivers who had BACs of 0.08% or higher – the legal limit for Los Angeles DUI, as per California Vehicle Code Section 23152.

The California Office of Traffic Safety, via the NHTSA, is funding the extra Los Angeles DUI Halloween saturation patrols.

What’s particularly scary about a Halloween DUI is the extra vulnerability of children.

While many conscientious parents make sure that their children wear highly visible costumes – like a white ghost or a princess with lots of silver glitter on her costume – some parents don’t give nearly enough thought to road safety and children. When you mix these two potentially dangerous elements – more “post-revelry” drivers on the road and lots of kids wandering around unfamiliar neighborhoods in difficult to see costumes – it’s not particularly surprising that you see accident rates spike and more people hurt and even killed.

What can be done to change the situation?

First of all, Halloween has always been a notoriously strange and unpredictable and in some ways dangerous holiday. Even the trick or treating itself – beyond the dangers posed by Los Angeles DUI drivers and potential child abusers – is risky in and of itself simply because of the nature of the treats given out to our children.

Candy is not exactly the healthiest food. All parents know that. However, riveting and compelling new scientific research suggests that eating sugar may actually precipitate a gamut of long term, complicated health problems, including but not limited to: insulin resistance, obesity, Type II diabetes, heart disease, and even many kinds of cancer.

So we may need to protect children not only against Los Angeles DUI drivers but also against more insidious threats, such as high fructose corn syrup in their trick or treat bags.

If someone you know and care about has been recently arrested for Halloween Los Angeles DUI, the team at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help. Attorney Michael Kraut is a former Deputy District Attorney with a fantastic success rate at jury trials and an impressive background – including 14 years as a former prosecutor and a Harvard Law School education.

November 1, 2011

Lindsay Lohan’s Never Ending Los Angeles DUI Complications – Part 1

by Michael Kraut

In 2007, “Freaky Friday” actress Lindsay Lohan was arrested on a relatively routine charge of driving under the influence in Los Angeles.

Since then, Lohan has engaged in bizarre behavior, faced probation violations, and generally conducted herself publicly in what one might charitably describe as an “unusual” manner.

In a two part series, we are going to take a look at some of the most recent developments in Lindsay Lohan’s post 2007 Los Angeles DUI saga.

In this article, we will discuss the latest legal trouble facing her father, Michael Lohan. In a post later on this week, we will talk about Lohan’s amazing offer from Playboy Magazine to strip naked for the magazine for $1 million.

But first, let’s review what happened to Michael Lohan. According to TMZ.com and other outlets in the blogosphere and major media, Lohan was arrested in Florida last week… twice!

Early in the week, Michael allegedly hit his ex-girlfriend, Kate Major, at her apartment, sparking an arrest on charges of domestic violence. Barely 12 hours later, Michael called Kate and harassed her. Concerned for her safety, she called the Tampa police, who responded. Officers considered Michael to be a threat, so they headed to place him under arrest.

What happened next? Something completely amazing: instead of submitting quietly to the arrest, “Michael tried to escaping by hopping his third store balcony…but fell 34 feet to the ground, crashing onto some wooden chairs…and then he try to hide in some trees.”

Needless to say, Michael was ultimately apprehended and placed under arrest for violating the condition for his pretrial release and resisting arrest. Kate later told TMZ, clearly in fit of pique: “he [Lohan] has no regard for the justice system. He can beat up women, but Mr. Tough guy who slurred his words calling me five times after getting into jail wasn’t too tough by jumping off a third floor balcony into a tree to try to flee from going back to the same jail he just got released from less than 12-hours ago.”

Wow. It’s a big mess, and it appears to be getting bigger.

Of course, it’s important to try to draw some lessons from the sordid public tales of the Lohans’ runs-ins with the law, as opposed to merely mindlessly spectating the downward spiral.

Driving under the influence in Los Angeles or anywhere else in California is a crime punishable according to California Vehicle Code Sections 23152(a) or 23152(b). The punishments can be quite severe – they can include jail time, forced probation, loss of driver’s license, mandatory alcohol classes, indirect bad effects on your insurance rates, etc. If you complicate the situation by, for instance, hurting someone while DUI, resisting arrest, etc, you could face additional charges, including the possibility of having a misdemeanor charge elevated to a felony charge.

Not good news.

Fortunately, an experienced Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you. Michael Kraut, the lead attorney, is a former city prosecutor (14 plus years as a Senior Deputy DA), and he has great relationships with prosecutors and a deep understanding of how the legal system works on a practical level.

October 26, 2011

Long Beach DUI Consequences Can Be Brutal, Politically and Otherwise – Just Ask Republican State Senator Randy Hopper…

by Michael Kraut

Getting pulled over for driving under the influence in Long Beach or anywhere else throughout the Southland (or the U.S.) can be a humiliating experience. The level of humiliation gets ratcheted up substantially, however, if you happen to be a public, elected official.

When lawmakers, police officers and others entrusted with the public good do bad things – such as drive DUI in Long Beach or elsewhere – the media pores it on.

Consider last week’s arrest of ex Wisconsin state senator Randy Hopper, who, per a story in the Green Bay Gazette, got pulled over in a Wisconsin parking lot, after witnesses saw him nearly collide head first with another car. Officers administered field sobriety tests to Hopper. He apparently failed, big time – he could not balance, could not say the alphabet, etcetera.

After his arrest, Hopper pleaded with the arresting officer, Deputy Nicholas Venne: “Will you put down there that you didn’t think I was that I (was) driving; you never saw me driving; you don’t know I was driving. I didn’t do anything illegal.” Hopper refused an evidentiary breath test, but jail staff did get a preliminary breath test which suggested that his BAC was around 0.13% — significantly higher than the cut off for Long Beach DUI of 0.08%, pursuant to California Vehicle Code Section 23152.

To put it mildly – Hopper has not had a shining last few years. In a recent election, Hopper lost his senate seat to democrat Jessica King by a margin of 51% to 49% — analysts believe that the razor thin defeat was fueled in part by Hopper’s messy divorce. He apparently left his wife for a lobbyist, Valerie Cass, who witnessed the arrest. According to one report, Cass “reportedly became upset… and yelled at the family who had called the police.”

So what are some lessons this story can teach Long Beach DUI defendants?

1. What you say or do after your DUI arrest can matter – and come back to haunt you.

The fact that Hopper blew a 0.13% BAC preliminary breath test and uttered recorded comments to Deputy Venne may complicate his legal defense.

2. Anyone can get tagged with a DUI.

Just because you are an elected official or a police officer or some other “special person” does not immunize you from the consequences of driving DUI in Long Beach.

3. Your choice of Long Beach DUI defense attorney is pivotal.

The quality of your legal defense can fundamentally influence your potential sentencing – as well as your ability to rebound, long-term, from what happened to you. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) is an experienced former prosecutor with a phenomenal success rate at jury trials and a great reputation within his industry. Judges, former prosecutors, and others in the system all greatly respect him.

October 24, 2011

Underage Burbank DUI for Hannah Montana Star – 20-Year Pulled Over in Mercedes with BAC “Well Over” the 0.08% Limit

by Michael Kraut

Last week, 20-year old actor Mitchel Musso was arrested for driving under the influence in Burbank underage near Chandler and Buena Vista, according to a report in the La Canada Valley Sun.

The actor, who appeared on Hannah Montana as well as in the 2003 movie, Secondhand Lions, allegedly “drove through the intersection [near an accident scene] and failed to do what the officer instructed him to do.”

Musso, who is probably best known for playing Oliver Oken in Hannah Montana, was pulled over at 3:45 A.M last Sunday morning. He had a BAC of substantially over the limit for driving under the influence in Burbank (0.08%). But since he was underage, any significant amount of alcohol in his system would constitute a crime. Per the Los Angeles County Sheriff’s Department, the actor was released after posting a bail of $5,000. No one else was in his 2007 Mercedes during the arrest.

Underage DUI in Burbank is not only a frustratingly serious crime, but it is also a crime that can ruin or cripple a young person’s future.

Obviously, any Burbank DUI is a potential (or actual) tragedy. In this case, Musso was fortunate, in that he did not cause injuries to anyone or to himself. But imagine if he had killed someone while driving DUI underage. Not only might he face hugely serious charges, such as vehicular manslaughter or worse, depending on his background and the circumstances, but he would also face the problem of being “sucked into the system.”

Once you accept the notion that you are a criminal or a DUI driver, you may have a difficult time changing that self image and returning to your previous model of yourself as “upstanding, law abiding citizen.” The way we view ourselves can have profound ramifications for our behaviors, thoughts, and life paths.

Underage Burbank DUI driving should be taken as a major warning sign – a clarion call that you need to get help. You may need the services of a respected, empathetic, and results driven Burbank DUI criminal defense lawyer, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). You also might need to do some inner work, such as therapy, meditation, and changing your peer group to reduce the negative influences on your behavior.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is a former prosecutor for the city of Los Angeles – he spent over 14-years in that role, in fact. Now, as a criminal defense attorney, he brings his wealth of prosecutorial knowledge and experience to bear to help Burbank DUI defendants understand their challenges and meet them in a principled, successful way.

October 19, 2011

Could Burbank DUI Breathalyzer Test Be Next on the Chopping Block? Massive Breath Test Dismissals in Florida Spark National Excitement

by Michael Kraut

If you got arrested after failing a Burbank DUI breathalyzer test – blowing significantly over the legal limit of 0.08% BAC, for instance – you may feel sour, sad, and scared that the breathalyzer test failure will doom you to a lengthy prison sentence? Now that you’ve been “tarred and feathered” as a DUI driver, will your insurance rates go to the roof? What will your friends, family and colleagues think about you now? Etc, etc.

Before you go down this rabbit hole of fear and catastrophic thinking, pull out of your nose dive for a minute and consider a very curious story out of Manatee County, Florida, of all places. According to a local Florida paper, the Bradenton Herald, “prosecutors in Manatee County have decided not to use the alcohol breath test results from one or two local intoxilyzer 8000 machines, saying the volume of blown air wasn’t accurately measured.”

In other words, the machines screwed up!

And the “positive” DUI readings the machines collected are no longer valid as evidence!

As a Division Chief in the Florida State Attorney’s Office noted, “it was the right thing for the integrity of the pending cases to not use the breath results.” Not all analysts agreed with the decision to throw out the breath test results. A spokesperson for the Florida Department of Law Enforcement, Heather Smith, countered that “the volume is separate and independent from the subject’s alcohol content results … the amount of breath you blow cannot result in a higher or lower alcohol content reading.”

We will leave it to the reader to find the holes in Ms. Smith’s reasoning here. But let’s not get lost in the minutiae of the case – Florida officials already believe that the problem has been solved and the machines are now “fixed,” back in action, ready to help officers tag DUI drivers.

The greater point here is that Burbank DUI breathalyzer tests may not be as “bullet proof” as the common driver assumes they are. As this blog has documented many times over, breathalyzer tests can be corrupted by a diverse array of factors, including:

• Whether you are a man or woman;
• Whether you are a diabetic, or on a special ketogenic diet;
• How deeply you blow into the machines (Ms. Smith’s protestations to the contrary, notwithstanding);
• Calibration or officer reading errors;
• Sample contamination;
• etc, etc.

A Burbank DUI defense attorney, such as a Michael Kraut of San Fernando Valley’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), can help you understand the charges you face, figure out what to do about them, and resolve any questions, concerns, or fears you have regarding your situation and legal prognosis.

Attorney Kraut is a former prosecutor for the city. He is often called upon by major media institutions to provide expert analysis on Burbank DUI matters.

October 17, 2011

Pasadena DUI Homicide? Not Quite. No One Died. But Could Have Been a Lot Worse – KY Representative Arrested for Driving DUI… while Carrying Loaded 38-Caliber Gun!

by Michael Kraut

Fortunately, cases of Pasadena DUI vehicular homicide are relatively rare.

But you might be surprised by the number of “near misses” that occur on Pasadena’s streets and freeways every day. Even drivers who use “best practices” – who never drive while under the influence of drugs or alcohol, drive while fatigued, drive while distracted by a cell phone, etc. — can easily get into trouble. After all:

A) Life is uncertain on a fundamental level.

B) Driving in Southern California is anything but a cakewalk, as regular commuters on the 405, 5, 101, etc will tell you.

Driving with a blood alcohol concentration of 0.08% or greater (in violation of Pasadena DUI laws) is obviously reckless. But you could do worse. Specifically, you could drive DUI while carrying a loaded 38-caliber gun.

Who might do such a thing? Apparently, a state representative in Kentucky!

According to a Fox News report, representative Curry Todd, a Republican from Collierville, was arrested last Tuesday for “possession of a handgun while under the influence and drunken driving.” To make matters worse, Representative Todd actually sponsored a law that “made it legal to carry a gun into bars in Tennessee.” Police found a loaded 38-caliber gun between the driver’s seat and the center console. And an affidavit stated that the representative was “unsteady on his feet,” “almost falling down at times” and that Todd was clearly “very impaired and not in any condition to be carrying a loaded handgun.”

The Representative made a bail of $3,000 and issued a statement last Wednesday, perfunctorily apologizing for the arrest. One of Todd’s colleagues in the Tennessee House, Majority Leader Gerald McCormick, told the press that he was “praying for [Todd]” but that the arrest nevertheless does not change his views on the whole “should it be legal to carry guns into bars or not” question. McCormick told Fox “it is a bad idea to drink and carry your gun, obviously… I don’t know the details of what happened with Rep. Todd last night, but I think he would agree with me.”

Todd is no stranger to outrageousness. In 2010, Todd drew bitter condemnation from liberal groups and immigration rights groups when he told a Committee Hearing that illegal immigrants are a threat to “go out there like rats and multiply.”

Whether and how the arrest might impact Todd’s political career – or his ability to carry a gun or drive a car for that matter – remains to be seen. But the arrest holds key object lessons for individuals recently charged with the crimes like driving under influence in Pasadena.

1. Pasadena DUI Stories are More “Newsworthy” If Reporters Can “Sniff Hypocrisy.”

Part of what’s made this story of Representative Todd’s arrest so “viral” is the fact that he personally sponsored a law allowing gun owners to bring guns into bars.

2. Everyone Makes Mistakes.

Representative Todd served many years as a police officer before entering government, so he clearly knew the consequences and perils of driving under the influence. Yet he made a mistake. This illustrates that anyone can make bad decisions.

3. The Past is Past: You Can Only Control What You Do from Here on Out.

As any reputable Pasadena DUI criminal defense lawyer attorney will tell you, you can’t change what happened in the past – you can only learn from what happened and make smarter, savvy, strategic decisions to protect your freedom, make reparations to anyone you’ve harmed, and ensure that you get the help you need.

Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers can help you understand your rights and needs. Attorney Kraut is a former city prosecutor with a 99% success rate at jury trials and a Harvard Law School education.

October 14, 2011

Ghastly Los Angeles DUI Sends Six Children to Hospital: One Child is Critically Injured

by Michael Kraut

Amidst the circus of the Conrad Murray trial in Los Angeles Supreme Court (Murray, as you might know, is the infamous doctor accused of giving Michael Jackson the propofol and other drugs that ultimately killed him), our city recently witnessed some extremely disturbing, scary, and sad Los Angeles DUI accident news.

Last week, six children and one adult woman were injured in a Lancaster DUI crash. According to a Los Angeles Times report, 31-year-old Stanesha Allen crashed her 2002 Toyota Sequoia very early last Sunday morning on East Avenue I. Apparently, Allen was at a wedding the night before.

Here is the complete stomach-churning description straight from the Los Angeles Times story: after she lost control of her vehicle, according to the California Highway Patrol, her “SUV flipped four times, leaving some of the children partially ejected… two of the children were airlifted to Antelope Valley Hospital with critical injuries. The other four and Allen were taken to the hospital by ambulance with minor to moderate injuries… the two seriously injured children, a 4-year-old girl and a 22-month-old boy, were transferred to Kaiser Permanente Medical Center and Children’s Hospital Los Angeles, respectively.”

Allen was arrested. But since she is injured, she is allowed to remain at the hospital for treatment.

Everyone knows that the crime of driving under the influence in Los Angeles can be a terrible and scary crime. But the consequences for everyone involved and for your own future can ratchet up hugely if there are injuries involved – especially, injuries to children.

The California Vehicle Code sections actually spell out entirely different punishments for people who hurt others while DUI. California Vehicle Code Sections 23152 (a) and 23152 (b) are written to punish standard non-injury misdemeanor DUIs. The punishments can still be quite hefty and can include jail time, steep fines, mandatory alcohol classes, license suspension, probation, and mandatory installation of an IID device in your car.

But if you hurt someone while driving DUI in Los Angeles, two very different vehicle code sections might apply. Pay attention because they differ by only one number: 23153 (a) and 23153 (b) give prosecutors several extra legal “weapons” and allows them to elevate what ordinarily might be a simple misdemeanor to a felony. In case you don’t know the difference, a felony is a much, much more serious charge. Convicted felons lose the right to vote, among other things, and they can face multiple years behind bars.

Fortunately, a qualified Los Angeles criminal defense attorney, such as Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028), can help you understand and organize a sound and ethical and logically thought defense. Attorney Kraut is an experienced, compassionate, Harvard Law School educated former prosecutor. He has the tools, connections and agility to help you fight to get to your charges dismissed or at least get the best deal possible – and help you figure out how to plan your future after you have put the incident behind you.

October 6, 2011

Pasadena DUI Process Waiting Game: How to Breathe Easier While Waiting for Big Decisions to Come Down

by Michael Kraut

Whether you were recently arrested for a misdemeanor Pasadena DUI or busted after a vivid and scary multi-car accident sent you and several other people to the hospital, chances are you are facing a gnawing feeling of uncertainty about your future. It is often worse “not to know” what will happen to you than it is actually to get punished, because you don’t know when the hammer will fall or how hard.

This post will explore this “uncertainty problem” and suggest a potent remedy to help you feel more in control of your life and your future.

Defining the Problem: Which is Worse – “Uncertain Outcomes” or “Bad Outcomes”?

The conventional wisdom will have you believe that ambiguity is not so bad, and what we really want to avoid are bad decisions and failure. In other words, human beings are rational operators. We strive for positive results, tolerate ambiguity, and kick ourselves when things don’t go our way. Indeed, much of our experience superficially supports this hypothesis.

But as anyone who has been through Pasadena DUI field sobriety tests will tell you, the worst part of the DUI experience is waiting to see whether you will be punished – and, if so, how badly. Once you hear the news – whether it’s good news, bad news, or something in between – your mind begins to process your new reality and helps you make sense of your situation. When you are left in limbo, on the other hand, your mind has nothing to cling to, and it engages in all sorts of wild scenario-making, considering both catastrophic scenarios and “too good to be true” scenarios.

Without some grounding in reality, your brain will explore the highs, the lows, and everything in between, creating fruitless exhaustion, stress, anger, and depression. This isn’t to say that you are bound to feel “good” if the judge hands down a harsh sentence and, for instance, mandates that you install an interlock ignition device. You might still feel crummy. But at least you can see the outline of your punishment and begin to think about life after it.

As a 2008 study published in the journal Psychological Science found, highly neurotic people, in particular, have difficulty dealing with uncertainty. Jacob Hirsch, a researcher at the University of Toronto, summarizes the findings of this study: “Objectively speaking, uncertainty is better than clearly negative information, but this is not true for people who are highly neurotic…those people do not deal with uncertainty very well.”

And one may make the case that certain events – e.g. getting arrested for driving under the influence in Pasadena – might make almost anyone temporarily neurotic.

Beyond the Uncertainty – Light at the End of the Tunnel

A Pasadena DUI defense attorney, such as the Kraut Criminal & DUI Lawyers’ Michael Kraut (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), cannot banish all of the uncertainty from your future in one fell swoop.

But Attorney Kraut has helped many people in similarly complicated, emotionally difficult, and technically challenging legal situations, and you can draw on his powerful knowledge and experience as a former city prosecutor (14-plus years as a Los Angeles Senior Deputy District Attorney). He will help you unravel your challenges, make sense of your opportunities, and eliminate that nagging, pestering uncertainty that’s keeping you up at night, making you anxious, and impeding your ability to create a vision for your future. A Pasadena DUI should not mark the end of your life – it’s merely a challenge, and even an opportunity, to grow and become a better, more productive, more compassionate citizen.

October 5, 2011

Considering an Outrageous Long Beach DUI Defense? Ex-Detroit Lion Reggie Rogers Probably Has You Beat…

by Michael Kraut

If you or someone you love has been charged with the crime of driving under the influence in Long Beach, you might feel the urge to get a little creative in your defense.

After all, you’d like to shelter yourself from punishments like a long jail sentence, license suspension, mandatory alcohol education, fines, and the complete destruction of your personal reputation. But there are right ways and wrong ways to construct a Long Beach DUI defense. Ex-Detroit Lion Reggie Rogers, who’s facing a sixth DUI (in one of his earlier other DUI incidents, he killed three teenagers), is putting up a defense that has many commentators smacking their foreheads in disbelief: is he really doing this?

Here’s the scoop, per a local Detroit Fox News affiliate: “45-year-old Rogers was sentenced to one year in prison for his latest DUI, but his attorney is pleading with the judge to hear his cry and have Rogers serve his time under house arrest because the mattresses in prison will hurt his back.”

In November, Rogers’s attorney will make a case that the hard mattresses in prison will compel Rogers to undergo “another expensive surgery on his back.” The attorney is claiming that sending a patient with a bad back to prison is tantamount to “cruel and unusual punishment.”

The father/uncle of the three teens Rogers killed in a 1988 incident is not buying it. Robert Willett gave this rage-packed rebuttal: “If it’s only a mattress keeping him out of jail, I’ll buy him a mattress. So, don’t tell me because he had back surgery… if we had to let every prisoner go because they had back surgery, we’d have a lot of people out of them jails. So, it’s absolutely absurd… the only thing I ever been shocked about is he hasn’t killed anybody else.”

A legal analyst for the Fox 2 Detroit News team also found Rogers’s DUI defense preposterous: “I am outraged that he can even make such an argument… that he should be given some special treatment on a sixth drunken driving because he’s got a bad back. So, people with bad backs should get some special treatment? It’s not going to happen with this judge. It’s not going to happen with any judge. He should be in prison.”

These vitriolic responses illustrate what can happen if you concoct an absurd defense.

All that being said, you do have the right to a sound, compelling, and thorough defense; if you work with a strategic and knowledgeable Long Beach DUI criminal defense attorney, you might be surprised with the quality of your results. And you won’t need to resort to making absurd, unwinnable arguments that only earn you public derision.

The Long Beach DUI defense team at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you understand the dos and don’ts of preparing your case. Attorney Kraut is a former prosecutor – with 14-plus years in the Deputy DA’s Office – so he knows how prosecutors think, what incentives they respond to, and how to negotiate with them. He also has a terrific rate at jury trials and a real understanding for how to build the most appropriate and successful Long Beach DUI defenses.