DUI Crime and Punishment

September 19, 2011

Do You Have Multiple Glendale DUI Arrests? Maybe You Are Getting the Wrong Advice about How to Treat Alcohol Addiction

Penalties for Glendale DUI convictions become harsher the more times you get arrested and convicted.

A simple misdemeanor DUI conviction – for the first time – might lead to a little bit of jail time, license suspension, mandatory alcohol school, significant probation, and a not-insignificant amount of embarrassment. But these penalties pale in comparison with the penalties associated with a third or fourth Glendale DUI conviction within 10 years. Depending on circumstances, you might face felony charges for what would only be a misdemeanor charge for a first-timer.

On some level, everyone recognizes this. Getting arrested multiple times for the same crime is not a good thing to do. Bad things will happen.

How do we break the cycle? It’s a simple question with a complicated answer. But new thinking in the addiction research community suggests that traditional methods to treat alcohol as an addiction might do a disservice to many people who desperately need help.

One of the most popular ways of treating alcoholism is to send the alcoholic to a 12-step program similar to Alcoholics Anonymous. One key step in this program is to “admit you are helpless” in the face of alcohol. Most take that as a given – that we have to “surrender” control to some higher power to reclaim our lives and our bodies.

But not so, says Harvard University psychiatrist Dr. Lance Dodes, author of The Heart of Addiction. He argues that addicts engage in their addictive/destructive behaviors as a means of self-empowerment. Dr. Dodes suggests that many addicts start to feel better as soon as they make the mental decision to go have a drink – NOT as soon as the alcohol touches their lips.

This suggests that there is a deep psychological mechanism at play that has less to do with the chemical effect of the alcohol on the brain than it does with the effect of the decision to consume alcohol.

Dr. Dodes’ thesis is basically that the 12-step approach is backwards. We should not disempower addicts by telling them that they are “helpless,” Dodes argues, but instead look for ways to re-empower them and help them understand the forces in their lives that make them feel out of control. The next step is to motivate them to reassert control in positive ways, which will help them stop self-destructive behaviors like drinking and getting into Glendale DUI accidents.

It’s certainly an interesting theory, and you can check out more about it at his website, www.lancedodes.com.

For immediate help with your Glendale DUI defense, connect with Glendale criminal defense attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) to explore how to manage your scary, frustrating, and overwhelming situation. As a former prosecutor and media expert on Glendale DUI matters, attorney Kraut has the credentials, wherewithal, knowledge, and compassion to deliver a powerful defense and fight for your freedom.

September 14, 2011

Bizarro Burbank DUI Arrests the Blogosphere Would Go Nuts Over

by Michael Kraut

Rabblerousers in the blogosphere (e.g. Perez Hilton) like to shake things up and make Burbank DUI news stories sound more bizarre then they often are.

Sure, occasionally some crazy news will cross the police blotter. A B-list celebrity might be arrested for driving 80 miles per hour on Olive at 2a.m. with a blood alcohol concentration of 0.24. Or a demented homeowner might jump on a riding lawnmower and putter off towards downtown Burbank while under the influence of homemade absinthe.

But most of the time, Burbank DUI news stories are fairly mundane examples of misdemeanor DUI stops, checkpoint arrests, and the occasional tragedy.

Obviously, in an ideal world, there would be no more Burbank DUI arrests, since people would no longer ever even think about driving under the influence. But we don’t live in a perfect world.

But sometimes it seems like the media would like more outrageous and hysterical stories, such as the following:

Fictitious Burbank DUI Blog Item #1: “Unicyclist Bikes DUI and Knocks Over a Clown Juggling Bowling Pins on Victory Boulevard”

“Police have detained 34-year-old unicyclist Booggoms McGooggoms after he recklessly rode his unicycle into a clown on stilts who was juggling pins while practicing for a circus performance. The police stopped McGooggoms on Victory Boulevard near Trader Joe’s and administered field sobriety tests. They reported that his breath smelled like alcohol, his eyes were bloodshot, and he looked “spaced out.” The unnamed clown was reportedly uninjured, but he lost several pins and will now have to make use of Evian water bottles for his act.”

Fictitious Burbank DUI Blog Item #2: “Burbank Man Arrested For 345th DUI in Three Weeks”

“Dumbo McStupidpants, 52, of Burbank, was recently arrested for the 345th time for driving under the influence within just a span of three weeks. His latest stop occurred Saturday night near downtown, when police noticed his 1996 Chevy Impala tipped over on its side and saw that the driver was yelling obscenities at passersby. It was unclear at the time even how McStupidpants found the time to get arrested 345 times within a 21 day span, let alone how the legal system failed the community on this one.”

All joking aside, a Burbank DUI can carry extremely serious, life-changing penalties. If you injure someone, destroy property, or commit multiple driving infractions and other crimes while DUI, your legal battle could be that much harder and more emotionally challenging.

The team at Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you understand what tactics are available for you and help you think more strategically about what you need to do (and what you should stop doing right now) to maximize your defense. Attorney Kraut is a Harvard Law School educated Burbank criminal defense lawyer with a rich and diverse track record and a demonstrated capacity to help even the most challenged defendants.

September 9, 2011

Pasadena DUI Process and the News Media: When Is it Appropriate and Fair to Cover Someone’s DUI Arrest?

by Michael Kraut

If you have been recently tagged for driving under the influence in Pasadena, you might have had the quite unwelcome surprise of finding your face and the intimate details of your arrest plastered all around the internet on blogs and perhaps even on local news reports. Whether your arrest was highly publicized or not, the media and blogosphere needs to start a general conversation about what exactly constitutes a “newsworthy” Pasadena DUI arrest.

Factors that typically seem to be considered include:

• The defendant’s status e.g. – celebrity, politician, athlete, rich person, CEO of a major company;
• The severity of the charges – e.g. Pasadena DUI murder or manslaughter story is generally more newsworthy than a standard arrest for simple violation of CVC 23152(a);
• Whether anything about the story was bizarre, eclectic, or otherwise newsworthy – e.g. maybe the defendant was arrested for driving under the influence on a lawnmower; or maybe he or she was arrested for the seventh time in 10 years; or maybe he or she caused a 20-car pileup on a lonely mountain road.
• Story serves as a lesson to prove a political point, open a discussion about broader ramifications of Pasadena DUI policy, etc.

A small story out of the Kalamazoo Gazette, of all places, examined the criteria that the media and the blogosphere use to report on DUI stories. Last Tuesday, the Gazette took a closer look at the reporting done about the DUI arrest of a public school curriculum director, Denise Bresson. The arrest was her second DUI in four years.

Was Bresson’s arrest newsworthy or not?

Regular readers of the Gazette weighed in on both sides. Some argued that, of course, her arrest should have been newsworthy, since she is part of the public school system, and her behavior could impact the community’s educational system. Readers debated the pros and cons of exhibiting this official’s dirty laundry – what’s the ultimate purpose of this reporting? Should she be held to higher standards since she works in education? Is the Gazette “just picking on educators” or not?

While this blog obviously is not going to weigh in on the case, it is heartening to see vigorous “meta discussion” about the nature of Pasadena DUI coverage.

The news media filters the public’s understanding of DUI law, process, practice, and penalties. And everyone – especially Pasadena DUI criminal defense attorneys – wants to educate the public about the risks and dangers of driving under the influence. So the more that we can open up the discussion about how best to report DUI news, the better.

On a less heady level, if someone you care about has been arrested for DUI, attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is here to serve you. Attorney Kraut is a widely respected Harvard Law School-educated former prosecutor who has the talent, skills, and tactical know-how to deliver optimized results for your case.

August 31, 2011

Burbank DUI Penalties: How Might They Measure up to Paris Hilton’s Ex’s DUI Plea Deal?

by Michael Kraut

If you have been charged with driving under the influence in Burbank, you are probably biting your nails, wondering what the law might have in store for you.

Meanwhile, last week, just one state away, Cy Waits, the ex-boyfriend of celebutante Paris Hilton, took a DUI plea deal stemming from a 2010 Las Vegas strip traffic stop. Waits was fined $585, ordered to attend victim impact classes, and given a suspended jail sentence of 30 days.

Not too bad.

Indeed, it could have been a LOT worse for the 35-year-old Waits. As the AP reports, “Waits was arrested August 27, 2010, after a Los Vegas police officer reported a ‘vapor trail’ of marijuana smoke lofting from a black Cadillac Escalade with Waits at the wheel. Hilton, a passenger in the vehicle, was arrested after the police said a small bag containing 0.8 grams of cocaine fell from her Chanel bag, as she reached for a tube of lip balm.”

Prosecutors originally leveled both felony and misdemeanor drug charges against Waits, but later dropped them.

Judge Kephart did warn Waits: “if you are arrested for another DUI during the pendency of this case, I don’t care if it is alcohol or drugs, you will do six months in the Clark County Jail.”

Without knowing the details of your Burbank DUI arrest, it’s difficult to predict what your outcome will be. If it was a standard misdemeanor DUI with no other complications (i.e. you didn’t injure anyone, you didn’t commit a hit and run, you weren’t considerably over the limit, etc), the penalties might be similar to those Mr. Waits faced. But you should still connect with an experienced Burbank DUI criminal defense attorney to plan your next steps.

On the flip side, if this is your second, third, or fourth arrest within the past 10 years, your Burbank DUI penalties are liable to be much more severe. You could face significant jail time, fines, fees, humiliation, and long-term problems – such as higher insurance rates, problems getting hired, loss of professional reputation, etc.

The moral is: Your decisions from here on out matter greatly.

Attorney Michel Kraut of Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) will help you work through your complex, scary situation and guide you toward a systematic, smart legal defense. Attorney Kraut has a fantastic track record and a nearly 100% success rate with jury trials. He has built a reputation as an aggressive, knowledgeable, strategic attorney and he has also been a regular pundit and commentator on local and national media as an expert in Burbank DUI Law.

August 23, 2011

Burbank DUI with Alcohol and Mean Girls: Lindsay Lohan Thrashes Ex-girlfriend Samantha Ronson after Ronson’s DUI Bust

by Michael Kraut

You might think that people who have been arrested for driving under the influence in Burbank or elsewhere in SoCal would be able to bond over their experiences. Especially if those two people were once friends and lovers. But that’s not always the case…

As this blog reported a few weeks ago, DJ and party girl Samantha Ronson got pulled over near Bakersfield and arrested for driving under the influence while en-route to LA from the city that never sleeps. According to Gather.com, Ronson allegedly called her ex-girlfriend, Lindsay Lohan – one of the most famous faces of all-time in the Los Angeles DUI blogosphere – expecting, possibly, consolation and commiseration.

Instead, allegedly, the “mean girl star turned mean for real and lambasted her former girlfriend, taunting her, calling her names, and laughing at her current misfortune. “Wow, you turned out to be a fine example…” LiLo sneered. “You think you would have learned something from all those hours of boring lectures you gave me!”

The Gather.com article said that the conversation between the exes was “loud” and “ended with Ronson yelling that she would never call her evil ex again and then slamming down the phone.”

Obviously, this story is a bit salacious. Ronson and Lohan were, at one time, tabloid staples. But the story illustrates a deeper truth about the Burbank DUI process. Specifically, surprises abound. You might expect one person in your life to be sympathetic, but be surprised to be met with scorn and opprobrium. Conversely, you might discover resources that completely change your life for the better, such as a strategically focused Burbank criminal defense attorney (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810).

The attitude with which you face your Burbank DUI charge can make all the difference. If you look at what’s happened to you – and the possible penalties you face – with a “woe is me” attitude, that’s not resourceful or productive, nor is it even entirely true.

This isn’t to say that you shouldn’t face up the reality, acknowledge the possibly paralyzing legal situation you are in and take positive and powerful action to fix your problems. But your arrest and charges can lead to self-growth and the cultivation of new and resourceful perspectives on your life. Yes, you might face surprising setbacks even after the surprising arrest. Like an ex-boyfriend, girlfriend, family member, or friend being far less than sympathetic and rubbing salt on your wounds.

But you also have the opportunity to change things and transform your life for the better. Connect with Burbank’s Kraut Criminal & DUI Lawyers to discuss your case in confidence with Harvard Law School-educated former prosecutor Michael Kraut and begin the process of constructively and resourcefully navigating your future.

August 17, 2011

Beverly Hills DUI Penalties: False Report on Twilight Actor’s Alleged DUI Riles Up the Blogosphere

by Michael Kraut

We all know driving under influence in Beverly Hills is a serious crime. And even just getting arrested – not even convicted – can lead to mortifying anguish.

But what if you just get REPORTED as having been arrested for DUI? Can that still do harm?

Ask actor Kiowa Gordon — the actor who played the shape-shifting werewolf from the Twilight movies. Gordon was arrested last Monday in Tempe, Arizona, for an outstanding arrest warrant related to his possession of drug paraphernalia (a glass marijuana pipe) and possessing alcohol underage.

According to TMZ.com: “The 21-year-old actor was a passenger in a vehicle that was stopped for a ‘routine registration check’ in Tempe…during the stop, cops discovered there was an active warrant for Gordon’s arrest – so they took the actor into custody and booked him into a local jail.”

All pretty standard stuff.

And any celebrity who has had to walk the gauntlet of the Beverly Hills’ DUI arrest process knows that getting arrested and booked is no fun. It is probably less than fun to have the same conversation with your publist, executive producer, family, friends, and attorney about what happened – having to re-live the arrest over and over and over again.

But what happens to someone like Gordon, who was falsely accused of driving under the influence? Perception has a way of becoming reality, particularly in Hollywood. This is not just an idle discussion. It has real applications to your Beverly Hills DUI arrest. In other words, irrespective of whether you passed or failed the breathalyzer test, performed well or poorly on field sobriety tests, and did or did not violate traffic law, you will be judged based on the charges. That’s just the sad fact, and it even happens to people who are eventually exonerated.

The question of the day is: how do you deal?

Now that you’ve been arrested, and you face charges – ranging from a simple misdemeanor DUI to a complex hit and run charge – what should your approach be? Should you hope the problem goes away? Pretend that it never happened? Ignore the lessons of the arrest and aftermath of the arrest?

Or should you start looking for resources and contacting a respected Beverly Hills criminal defense attorney?

Successful people recognize how important it is to constantly do reality checks. So, what is true for you now about your DUI arrest? What do you want to happen? Beverly Hills DUI defense attorney Michel Kraut can answer your questions and construct a complete, thorough, and sophisticated case that will get you results. Mr. Kraut is a former Los Angeles city prosecutor – he spent 14 years serving as a Senior Deputy District Attorney – and he is a regular expert consultant on DUI law for KTLA News, The New York Times, Fox News, and other major media organizations. Connect with The Kraut Criminal & DUI Lawyers in Beverly Hills (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) now for assistance.

August 15, 2011

Burbank DUI Penalties Abolished? Perhaps if Michel Moore Gets His Way and the Nation Elects Matt Damon as President….

by Michael Kraut

Burbank DUI penalties are notoriously unpleasant.

As this blog has blogged about umpteen times, if you are arrested and convicted – even for a misdemeanor – you could lose your license for a year, serve jail time, pay colossal fines and fees, and even suffer the indignity of paying to install an interlocking ignition device (IID) in your vehicle.

Not exactly something you want to show off on a first date.

Some people think that our draconian Burbank DUI process is in serious need of reform. But what kind of reform? Who knows. But if the liberal firebrand Michael Moore has his way, the reform could be handed down by none other than President Matt Damon.

You read that right.

Last week, Michel Moore “endorsed” Damon to be President. In a recent statement, the progressive filmmaker said this about the 40-year-old Damon, “I think that he has been very courageous in not caring about who he offends by saying the things that need to be said here… sometimes even when you run an actor, you win. And I guess I only throw his name out there because I’d like us to start thinking that way.”

Obviously, it’s more than a little bit of speculation to suggest that Michel Moore’s endorsement would catapult Damon to launch a progressive challenge against Barack Obama in the 2012 election, win the election, and then make it a priority to reform Burbank DUI laws. There are probably multiple flights of fancy and gaps of logic in that sequence. But it’s worth at least mulling over hypotheticals like this.

So much of our laws are based on arbitrary historical precedents. Someone decided a certain law, restriction, or punishment was a good idea; that idea stuck, and it paved the way for our current thinking. And so, it’s useful, healthy, and even invigorating to play with speculations like, “What if President Matt Damon legalized marijuana?” Or “what if President Damon radically changed America’s view on DUI, distracted driving, and other driving dangers?”

Obviously, the speculation is quite ridiculous. But it’s intentionally so. Because it’s trying to break you out of your old ways of thinking about DUI policy and practice.

Of course, there is a very pragmatic element here – particularly if you or a loved one faces a Burbank DUI charge. You want someone who is an expert in Burbank DUI, someone with credentials, and someone who is respected not only by clients but also by their legal peers (including prosecutors and judges).

Connect with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Attorney Kraut is a highly-esteemed Burbank criminal defense attorney and can help you understand your rights and responsibilities as a defendant and make smarter choices.

August 12, 2011

Pasadena DUI Arrest and Political Drama: PA Representative Joe Brennan Arrested with a BAC of 0.30%!

by Michael Kraut

The law says, quite clearly, that driving under the influence in Pasadena is illegal. If you are caught breaking the law, you can face an unpalatable gamut of punishments, including jail time, fines, fees, a damaged reputation, suspended license, mandatory interlock ignition device installation in your car, and so on and so on. Yikes.

The point is: the law is crystal clear. As it is elsewhere in the United States.

Nevertheless, even lawmakers themselves time-to-time violate it!

Here’s a case in point. Way out in Bethlehem, Pennsylvania, PA State Rep Joe Brennan got arrested for driving with a BAC of 0.30% – nearly four times the legal limit for Pasadena DUI, according to California Vehicle Code Section 23152. Last Tuesday, the Democrat abandoned his right to a preliminary hearing, and his stunningly high BAC was made public.

Due to the extremely high BAC, Brennan faces steeper charges that could net him fines of up to $5,000, a full year license suspension, and up to half a year in jail. This judge called the Rep’s BAC “alarming.”

The 47-year-old got arrested back in late June. According to court reports, he had been weaving all over the road. His driving was so horrific that another driver, Angel Hernandez, called 911 to report him. Eventually, he pulled into a parking space, hopped out of his car and promptly fell and hit his head really badly. Another driver, Angela Cartwright, saw Brennan fall. Bystanders helped him up… and he hopped into his car and drove away.

Later, police reported that Brennan “had a strong odor of alcohol on his breath.” He also had slurred speech and bloodshot eyes. These are all common symptoms of Pasadena DUI. (Other common symptoms include loss of coordination, inability to answer police questions coherently, conflicting stories, aggressive or odd behavior, inability to complete field sobriety tests, and failure to pass a breathalyzer test.)

A competent Pasadena criminal defense attorney, such as Mr. Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can help you identify and address the problems you face, so you can begin to constructively deal with them – and avoid causing yourself new problems.

If you did get pulled over with a very high Pasadena DUI BAC — or you destroyed property, committed a hit and run, or even hurt another person while under the influence — now is the time to make resourceful, appropriate, sensible decisions. Connect with Mr. Kraut (a former city prosecutor) to discuss your concerns and a better way forward.

August 9, 2011

Beverly Hills DUI Arrest Bombshell? Lindsey Lohan’s Ex-girlfriend Stopped for Racing in Bakersfield

by Michael Kraut

Every Beverly Hills DUI blog lights up every time a new twist emerges in the sordid, epic tale of actress Lindsey Lohan’s legal drama. Last week, some news broke that’s only tangentially related to Ms. Lohan… but it still caused ripples in the blogosphere and may hold indirect lessons for people out there who’ve recently been stopped at a Beverly Hills DUI checkpoint.

Lohan’s ex-girlfriend, DJ Samantha Ronson, got pulled over outside of Bakersfield last Monday for speeding. Ronson allegedly raced 90 miles over the speed limit in her Porsche Targa.

Ronson admitted that she had consumed alcohol hours before hopping into the Porsche. Ronson was put through a balance test. As regular readers of this blog appreciate, Beverly Hills DUI field sobriety tests can be quite involved and can involve tests like the Rhomberg test, the finger to the nose test, horizontal gaze nystagmus test (often the first one given), counting backwards, walk the line test, etc, etc. FSTs can be quite the ordeal.

August 2, 2011

Burbank DUI: Will It Be Eliminated Entirely Thanks to New Technologies?

by Michael Kraut

What causes people to drive under the influence in Burbank, and what can stop them?

These questions obsess lawmakers, policymakers, police, and analysts who cover news about DUI in Los Angeles, Burbank DUI, Pasadena DUI, and Glendale DUI.

Most solutions concentrate on driver behavior. Policymakers try to deter drivers from consuming alcohol, narcotics, and prescription medications before getting behind the wheel. And they punish people who violate these rules and laws — not only to send a message but also to “clear the roads” of dangerous drivers.

A new movement has cropped up that’s focusing on looking beyond behavior. This new crop of DUI analysts believes that technology may be able to play a vital role in terms of reducing the number of crashes and the severity of injuries.

A recent story in the Washington Examiner analyzed a proposed Maryland law that would compel anyone convicted of driving DUI with a BAC of 0.15% or greater to install an interlock ignition device (IID). (0.15% BAC is nearly twice the BAC for Burbank DUI, as specified in California Vehicle Code Section 23152).

As this blog has discussed at length, California has started a mandatory IID installation program of its own – and Los Angeles County is one of the test counties.

This technology-centered approach to ending DUIs makes some sense.

But rather than getting mired in the debate about the rightness or wrongness of this conclusion – one could probably also paint an argument that first time offenders are penalized too much – let’s think bigger picture.

Maybe correcting behavior alone is not enough. And maybe technology won’t solve our problems either. Maybe we need a solution that is more humanistic, diverse and social science based. In other words, instead of continuing to trust old broken systems or shooting for the moon and hoping that some random new technology will solve all our problems, let’s take a deeper look at what makes drivers do the things they do.

One hard to ignore factor is social contagion.

Human beings like to fit in. That’s a deep human need. Peer pressure is an enormously powerful factor. And policymakers surely do not leverage this factor well enough.

For instance, we all know that Burbank DUI arrests spike around national holidays, like New Year’s Eve, the 4th of July, and the Super Bowl. This is because there is a social contagion effect going on. More people party. More people drink. More people get behind the wheel.

Thinking in terms of social contagion leads us to cool new solutions. For instance, what if we focused on making DUI behavior look less cool? We need not necessarily increase punishments. Rather, we need only source and address the core, often counterintuitive motivating factors. Perhaps we would make better progress.

In any event, from a practical point of view, if you have a question about a Burbank DUI, you likely want to speak with a Los Angeles criminal defense attorney. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor Burbank, California 91505 (818) 563-9810) has ample experience – not just as a defense attorney but also as a former prosecutor. His experienced on both sides of cases gives him a profound and unique vantage, which he can bring to bear to deliver strategic results for you.