DUI Crime and Punishment

February 23, 2011

Beverly Hills DUI Stunner: Judge Says to Lindsay Lohan: “You’re Going to Jail”

Lindsay Lohan’s post Los Angeles DUI saga took a scary new turn today, when Judge Schwartz warned the wayward actress “this case will involve jail time. Period.”

No, Judge Schwartz was not talking about another incident in which Lohan drove DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI in Los Angeles. Rather, the stern admonition came in reference to Lohan’s alleged grand theft of a $2,500 necklace from a Venice Beach jewelry store.

Today, prosecutors in Lohan’s felony grand theft hearing offered her lawyer security footage of the “Mean Girls” actress allegedly stealing the necklace. Judge Schwartz had sobering words for the Lohan (quote courtesy Eonline): “This case does involve jail time… if this case is resolved in front of me, you’re going to jail… There may be an issue as to the amount of time you go, of course… but… I don’t want you under any apprehension. You will go to jail. Period.”

According to a Chicago Sun-Times report about the case: “the plea deal offered by Deputy District Attorney Danette Myers was for six months in jail, likely to be reduced significantly for good behavior behind bars.”

The actress is scheduled to return to court on March 10. If she loses her grand theft trial, it’s possible that she could spend a significant amount of time in a California State prison — a year or more for the felony. A “longtime Lohan intimate” told the Sun-Times that such a scenario would be “very dangerous… a true nightmare, no matter what… she’s been totally delusional about this… she’s got to get this behind her and get on with her life, especially if she wants a chance of saving her career.”

If you recall, Lohan is still on probation for her 2007 Los Angeles DUI. This issue complicates her already tenuous and fraught legal situation.

While Lohan’s felony grand theft case has been getting a lot of media play, there are literally thousands of CA defendants every year who face similarly fraught and emotionally difficult choices about how to plead in Los Angeles DUI cases.

A Beverly Hills DUI with injury, for instance, can be punished as a felony pursuant to California Vehicle Code Sections 23513(a) and 23153(b). In other words, the very act of hurting someone while DUI can bump up a misdemeanor (still quite a serious charge) to a felony, thus leading to a potentially massive sentence increase.

A variety of factors can impact Beverly Hills DUI sentencing. For instance, say you’re on probation for some other criminal offense; if so, the court may treat you more harshly. Or say this is your second, third, or fourth offense for Southern California DUI within a 10 year period — if so, penalties will be ratcheted up significantly.

To construct a powerful defense, look to a skilled Los Angeles criminal defense attorney. In Beverly Hills, count on attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (located at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935)) to provide outstanding service, compassionate listening, and strategically grounded thinking. Attorney Kraut is an ex-prosecutor (14+ years) and a Harvard Law School educated lawyer who has an exceptional track record helping Los Angeles DUI defendants, even in tricky and complicated situations.

February 23, 2011

Los Angeles DUI Sports News: Ex-Dolphin Rams Driver on I-95, Says Florida Police

by Michael Kraut

Last week, the Florida Highway Patrol arrested Bob Kuechenberg, a 6 time Pro Bowler for the Miami Dolphins, after he allegedly slammed into another car on I-95 and tested to have a blood alcohol concentration of 0.12%.

Sports related stories about driving under the influence in Los Angeles (and elsewhere) seem to be popping up everywhere: last week, not only did Kuechenberg get busted for DUI, but Michael Bush of the Oakland Raiders also got tagged for DUI near Louisville. (More on that in a separate blog post.)

If you or someone close to you got stopped and charged recently with Burbank DUI, DUI in Pasadena, DUI in Los Angeles or DUI in Glendale, you may feel more than a little bit of empathy for the 63-year-old Kuechenberg. According to an AP report, the former Dolphin drove his 2002 Volvo into another car during a lane change on I-95. Although Kuechenberg now faces DUI charges as well as charges of making an improper lane change and damaging property, no one was apparently injured in the crash, fortunately. The Broward Sheriff’s office reported Sunday that Kuechenberg posted his bond of $2,000.

No one suffered serious injuries during Kuechenberg’s crash. But what happens when someone does get arrested for DUI with injury in Los Angeles?

Typically, misdemeanor DUI drivers face charges pursuant to California Vehicle Code Section 23152. This section is split-up into two parts:

23152(a) outlines what it means to be driving while impaired by alcohol or drugs and sets out a cascade of punishments.

23152(b) defines the crime in a slightly different way – more quantitative. According to this measure, anyone who drives a motor vehicle with a blood alcohol concentration higher than the state’s limit of 0.08% can be arrested and charged with a serious crime.

When injuries occur during a DUI situation, prosecutors may try to elevate your charges and convict you under California Vehicle Code Section 23153.

Going from 23152 to 23153 means that what might ordinarily be a misdemeanor can be charged as a felony. A felony, as you probably know, is a much more serious crime than a misdemeanor; if convicted of hurting someone while DUI, you could face extended jail time, a loss of your right to vote, and a whole panoply of additional restrictions, fines, and other long-term encumbrances.

A skilled Los Angeles criminal defense attorney can fight back against a Los Angeles DUI with injury charge. For instance, upon deeply probing the evidence, your attorney may realize that, while you did hurt another driver or a pedestrian during an accident, the other driver actually caused the problem by veering into your lane or ignoring traffic rules.

In this case, even though you were DUI, since the other person caused the problem, the prosecutors will likely have a very hard time pinning a felony charge on you.

All that said, time is of the essence. Connect with a Harvard Law School educated ex-city prosecutor, Michael Kraut, of the Kraut Criminal & DUI Lawyers, for a confidential and comprehensive evaluation of your case. Attorney Kraut’s Los Angeles offices are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

February 18, 2011

Long Beach DUI Sports News – Bobsledding Champion Pleads Guilty to DUI, Narrowly Avoids Half Year Jail Sentence

by Michael Kraut

30-year-old Olympic gold medalist Steve Holcomb, the pilot for the US bobsledding team in the 2010 Winter Olympics, pled guilty last Wednesday to DUI charges, prompting analysts who cover sports news about driving under the influence in Southern California (and elsewhere) to ponder the effects of the sentencing.

For anyone out there who has been stopped and charged recently with DUI in Glendale, DUI in Burbank, Los Angeles DUI, or driving under the influence in Pasadena, Holcomb’s travails may be particularly instructive.

As this blog reported a few months ago, the bobsledder got pulled over in October 2009 on Route 224 in Utah for making an illegal U-turn. Testing later revealed that he had a blood alcohol concentration of 0.19% – more than double the Long Beach DUI limit of 0.08%.

Things clearly weren’t looking good for Holcomb. But then his citation got abruptly tossed out because a deputy in the Sheriff’s department didn’t sign the citation properly. Summit County Attorney David Brickey refiled the case, however. According to a USA Today news story, “(he) denied any leniency because Holcomb was a decorated athlete.” Holcomb ultimately pled guilty to a Class B misdemeanor of impaired driving (as opposed to driving under the influence), and a Summit County Judge ordered him to pay a fine of $1,430, “undergo substance abuse screening and assessment” and serve 48 hours of community service in lieu of 180-day jail sentence.

Brickey seemed satisfied but offered the following rejoinder: “I told the judge, of the community service: ‘it better not be giving free rides down the ice tracks.'”

It remains unclear whether the guilty plea will impact Holcomb’s ability to travel to Canada for the world bobsledding competition.

Long Beach DUI breathalyzer tests – similar to the ones used in Park City Utah – analyze the suspect’s so-called “blood alcohol concentration” (BAC) to help officers determine whether or not an arrest should be made. According to California Vehicle Code Section 23152 (b), driving with a BAC of greater than just 0.08% constitutes a criminal offense and can result in severe penalties, such as jail time, license suspension, hiked up insurance rates (because of your conviction), mandatory alcohol school, tough probation terms, and serious fines and fees.

A Los Angeles criminal defense attorney, such as Attorney Michael Kraut (The Kraut Criminal & DUI Lawyers can be contacted in Long Beach at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can be a crucial ally as you plan your strategy to combat your DUI charges.

Mr. Kraut will utilize his knowledge and experience as a former prosecutor (for 14+ years, he prosecuted Los Angeles DUI cases) to help you. Mr. Kraut is often called upon by major media, such as CNN, The New York Times, and The Los Angeles Times, to provide analysis of breaking DUI news. He can design and execute a tailored, streamlined defense for you.

February 9, 2011

Beverly Hills DUI Shocker: Lindsay Lohan Charged with Felony Grand Theft. Electrified Blogosphere Reacts

by Michael Kraut

In 2007, former child starlet and prominent celebutante Lindsay Lohan got arrested for driving under the influence in Los Angeles. Since that fateful stop, the beleaguered Lohan has been sent to jail three separate times for drug possession and violating her Los Angeles DUI probation. Today, the Los Angeles District Attorney’s Office dealt yet another blow to Lohan — formally charging her with felony grand theft pursuant to allegations that the star stole a $2,500 gold necklace from a jewelry store in Venice.

If you or someone you care about has been pulled over recently for Los Angeles DUI, Pasadena DUI, Glendale DUI, or Burbank DUI, chances are that you can at least be grateful that your case won’t (likely) be scrutinized by every major media outlet and thousands of blogosphere commentators, like Lohan’s has.

Here are key details on the breaking Lohan DUI news:

* If convicted, Lohan could face three full years in a California state prison
* The judge set bail at $40,000 and continued the hearing to February 23
* Judge Keith Schwartz said of the starlet: “You need to follow the laws just like everybody else. Look around this room. Everybody needs to follow the law… you’re no different from anyone else, so please don’t push your luck.”

* Lohan’s response? “Yes, sir.”

* Lohan was also told to stay away from the jewelry store. Allegedly, she (or her deputized agents) sent the store a bouquet of flowers when the story started becoming big news.

Lohan has been tied to theft investigations in the past. These include:

1) An insinuation that she took $400,000 worth of jewels from an Elle Magazine photo shoot.

2) A 2008 allegation from a college student that Lohan stole a mink coat worth $12,000.

3) An April 2000 allegation that Lohan stole a Rolex watch worth $45,000.

Beverly Hills DUI penalties can be life-changing, even if you don’t commit multiple probation violations, like Lohan has done. A first-time misdemeanor offender can face penalties such as a $1000 fine, 48 hours mandatory jail sentence, six weeks of alcohol school (max: nine months), a suspended drivers license (no restricted license allowed for school or work), and incalculable damage to your reputation and potential job prospects.

So what should you do, if you find yourself in a bind similar to the one Lohan has found herself in?

Talk to a qualified Los Angeles criminal defense attorney at once.

In Beverly Hills, you can get in touch with the Kraut Criminal & DUI Lawyers at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. Attorney Michael Kraut is a former senior deputy district attorney for the city. He served for nearly a decade and a half in this capacity. He understands how the system works and has the connections within the Los Angeles DUI community to strategize and execute your best defense.

February 7, 2011

Beverly Hills DUI Update: Actress Jaime Pressly’s Woes Mount as Prosecutors Hit Her with Charges

by Michael Kraut

Last Tuesday, prosecutors in Santa Monica formally charged actress Jaime Pressly (“My Name is Earl”) with driving under the influence in Southern California. As this blog reported several weeks ago, the 33-year old actress got arrested on January 5th on suspicion of DUI and allegedly tested to have a BAC of at least 0.20% – 2.5 times the legal limit for Los Angeles DUI, as defined by California Vehicle Code Section 23152 (b).

If you or a loved one faces similar charges of driving under the influence in Burbank, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you likely won’t be surprised to learn that, in the wake of Pressly’s arrest, she suffered a string of misfortunes.

Notably, on January 21st, she filed for divorce from her husband, Simran Singh. And last week, she backed out of two performances in Las Vegas — one at The Palms Las Vegas and another at Rain and Moon night club — according to E! News sources. Concurrently, Pressly is trying to care for her 3-year old child, Dezi, whom she had with Eric Cubiche, her ex-fiancee.

As if Ms. Pressly doesn’t have enough drama in her life, she also faces potentially stiff penalties for her Beverly Hills DUI conviction. Even first time offenders can face fearsome penalties imposed by the court. These can include seriously restrictive probation terms, a full year CA driver’s license suspension, a fine of $1,000 (maximum) on top of court costs, and 48-hours in jail. Second, third, and fourth time Los Angeles DUI offenders (within a 10-year period) will face ever stiffer penalties, including ratcheted up jail time, probation terms, alcohol school time, license suspension, court costs, and other fines.

Your Beverly Hills DUI penalties can also be ratcheted up if you engage in additional crimes on top of driving DUI. For instance, if you injured someone while driving DUI, prosecutors can automatically ask that a misdemeanor charge be elevated to a felony. Likewise, if you committed a “hit and run,” you can face criminal charges on top of the DUI that could make your case more complicated.

The answer to your legal woes might be to connect immediately with a Los Angeles criminal defense attorney, such as Mr. Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers.

Mr. Kraut can be reached at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935.

In addition to serving for 14-years as a Deputy District Attorney for the City of Los Angeles, Mr. Kraut has also been invited as a guest commentator on Los Angeles DUI news by the New York Times, The Los Angeles Times, CNN, KTLA Los Angeles, and other major media outlets.

Mr. Kraut attended Harvard Law School, and he has exceptional relationships with many key people in the Los Angeles DUI community.

January 26, 2011

Glendale DUI Sports News: Astros’s Big Draft Pick Nailed with DUI in Georgia

by Michael Kraut

A week ago Sunday, Delino DeShields Jr., the Houston Astros’s 2010 first-round draft pick, got arrested for a traffic violation and DUI in Georgia, prompting many sports analysts who cover celebrity news, like incidents of sports stars driving DUI in Southern California, to debate furiously about what the 18-year old’s future might hold.

Whether you were tagged for underage DUI in Glendale, Burbank DUI, DUI in Pasadena, or DUI in Los Angeles; or you were recently arrested on a complicated charge, such as DUI with injury, the tribulations of DeShields Jr., may be quite instructive.

The Astros’ GM, Ed Wade, told MLB.com: “our position is it’s a private, police matter, and we don’t have any comment on it.” DeShields Jr., is the son of Delino DeShields, an ex-major leaguer who now works in the Cincinnati Reds organization.

According to news reports, the outfielder was pulled over for a traffic violation and arrested not only for DUI but also for possession of alcohol by a minor. He made a $2,500 bond, according to Athens-Clarke County police records. (For comparison: consider that the Astros signed DeShields Jr. to a bonus of $2.15 million last year.)

When a famous ballplayer — or anyone else, for that matter — gets pulled over for driving under the influence in Glendale, they can face a smorgasbord of DUI penalties, depending on how over the limit they were, whether they hurt someone or not, and other factors. Typically, a first time misdemeanor DUI offender will get penalties along the lines of 48 hours mandatory jail time, tough probation terms, mandatory DUI alcohol school and license suspension, and serious court costs and fines. In Los Angeles, the court may also order you to get an interlock device for your automobile. This is a contraption that will prevent you from running your car if you have alcohol on your breath (essentially, you have to blow into a tube to get a “sober” reading before you can drive the vehicle.)

Designing an effective defense to a charge of Glendale DUI is no small task. Criminal defendants are often confused, frustrated, and undereducated about their rights; this combination of factors leads to poor decisions that only compound problems. If you or someone you care about faces such charges, start making better decisions right now. Get in touch with the Kraut Criminal & DUI Lawyers at: 121 W Lexington Dr, Glendale, CA 91203 phone 818-507-9123.

Attorney Kraut has been featured by trusted media organizations like CNN and New York Times as an expert in Los Angeles DUI law.

Connect with attorney Kraut today to explore your options to battle back against your charges.

January 24, 2011

Long Beach DUI and Huntington Beach Dilemma: Should Busted Drivers be Outed on Facebook?

by Michael Kraut

One of the biggest debates roiling the Southern California DUI community today concerns whether or not Huntington Beach was correct in rejecting a proposal that would have allowed police to post mug shots of DUI offenders on Facebook. Last Tuesday, the Huntington City Council voted down this “shaming proposal” proposed by city council member Devin Dwyer.

If you or someone you care about has recently gotten a Padadena DUI, Burbank DUI, Glendale DUI, or Los Angeles DUI, you are almost certainly at least peripherally aware of the Huntington Beach City Council debate. Indeed, Time Magazine did a major story on the Facebook shaming proposal last week. As Time journalist Allie Townsend reports, “Huntington Beach does have a serious problem: drunk driving is something of a community epidemic… where more than 1,600 of the 200,000 people (in Huntington Beach) were arrested in 2010, according to the AP.”

Townsend argues eloquently that the kind of public humiliation proposed by Dwyer would not be a good idea. It’s not that she has excessive sympathy for people who willfully break the law; rather, she fears (rightly so) that Facebook DUI mug shots could be passed around. They could haunt not only the offender but also the offender’s family and children for years to come. For instance, a middle schooler may face long-term taunting if his dad’s DUI mug shot winds up on Facebook.

Moreover, when you are arrested for DUI, you are often quickly judged “guilty” in the minds of colleagues, friends and family. Deeper analyses of Long Beach DUI arrests, however, reveal that DUI busts are often far from justified and far from conclusive.

Consider the following. A Long Beach breathalyzer test – commonly referred to as a preliminary alcohol screening (PAS) test – indirectly quantifies how much alcohol you have in your system. If you are above a certain amount – typically 0.08% BAC – you can be arrested and charged pursuant to California Vehicle Code Section 23152 (b).

Breath tests seem like they should work. But they are far less accurate than most people – including most police officers – realize. Men and women process alcohol at different rates. Diabetics produce unusual chemicals on their breath; these chemicals can interfere with test results. And if you blow too deeply into the machine, you may wind up with a Long Beach DUI reading without actually being DUI. And it goes on and on like this.

So what’s the best response?

In short, defendants should equip themselves with excellent information and consult immediately with a qualified Los Angeles criminal defense attorney. In Long Beach, you can connect with the Kraut Criminal & DUI Lawyers at 444 West Ocean, Suite 800 Long Beach, California 90802 phone 562-531-7454.

Attorney Kraut stands out among Los Angeles DUI attorneys because he is a former prosecutor, because he is a respected maven in the LA DUI community; and because he has demonstrated superlative results for his clients again and again, often in highly technical and complicated cases.

January 10, 2011

Major Beverly Hills DUI News: “My Name is Earl “Actress Arrested and Held on $15,000 Bail

by Michael Kraut

Last Wednesday evening, Jaime Pressly, a 33-year old actress best known for her role on the sitcom My Name Is Earl, got pulled over for a Los Angeles DUI in Santa Monica after police witnessed her committing a traffic violation. According to reports by TMZ.com, Pressly failed a field sobriety test and got taken to jail in Santa Monica. She was ultimately released on a $15,000 bail. Based on her high bail amount, some pundits speculated that — since Pressly had not been driving with minors and had not been involved an accident — she likely had an extremely high BAC level (over 0.15%). Police have not yet confirmed or denied this rumor.

If someone you care about has been similarly pulled over for Beverly Hills DUI (or DUI in Pasadena, DUI in Glendale, DUI in Burbank, DUI in Los Angeles, or anywhere else in the Southland region) — likely, you feel some empathy with the actress, who appears clearly fatigued in her mug shot (see adjacent picture).

This is the first DUI charge Pressly has ever faced – and it marks a distinct downturn in her career from 2007, when she won an Emmy for Best Supporting Actress. After the 2009 cancelation of My Name is Earl, Pressly appeared in commercials for Axe as well as Rules of Engagement on CBS (as a guest star).

Let’s learn a bit more about Beverly Hills DUI field sobriety tests — tests similar to the ones that Pressly allegedly failed. Almost inevitably, your first test will be something called the horizontal gaze nystagmus test. This is a pupil reaction examination. An officer will flash a light in your eyes to determine whether your pupils respond normally. DUI drivers will tend to have a lagging reaction.

Next up on your docket, you will face mental and physical coordination tests. These include the “famous” FSTs you’ve likely seen on movies and cop shows. They include balancing on one leg (the one leg stand test), walk the line (where you pace back and forth across a line) and of course the finger to the nose test — where you close your eyes, stick out your hands and attempt to touch your nose with the tips of your fingers. Police may also make you do things like count backwards or say the alphabet backwards.

Police will also be looking for symptoms of Beverly Hills DUI, such as odor of alcohol on your breath or general discombobulation or uncoordination. Police may also ask you to submit to a preliminary alcohol screening (PAS) test. The breathalyzer is a machine that uses chemical analytics to determine your so-called blood alcohol concentration (BAC). If this number is greater than 0.08%, you can be arrested and charged with DUI in Southern California.

Whether you have been arrested for the first time in your life — like Jaime Pressly was – or you are facing a second, third, or other multiple charge, you need and deserve superior legal representation. Connect immediately with a Los Angeles criminal defense attorney to get a free consultation. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is at your service. Attorney Kraut is an experienced, Harvard Law School educated former prosecutor who has tremendous connections with those in Los Angeles DUI community and who has an excellent track record and compassionate, systematic approach to client defense.

Attorney Kraut’s Beverly Hills offices are located at 9107 Wilshire Boulevard, Suite 450, Beverly Hills, California 90212 (phone number 310-550-6935).

January 3, 2011

Beverly Hills DUI Breaking News: Nicole Richie’s Probation Cut Short by a Month

by Michael Kraut

Many stories involving Beverly Hills DUI deal with tragedy and heavy circumstances. But a recent tabloidesque story out of The Hills has riveted the nation’s attention for its sheer frivolity. Reality TV star Nicole Richie has received a reprieve: her probation for 2006 arrest has been cut short by a month, after her attorney demonstrated that she had attended her alcohol ed classes and met all the conditions of her sentence.

If, like Ms. Richie, you’ve recently been tagged with a charge of Glendale DUI, DUI in Pasadena, DUI in Burbank or DUI in Los Angeles, you may find it interesting that 29-year-old managed to speed up her sentence, even though she got in trouble in June 2010 for missing her court ordered classes. Like her fellow trouble-making celebutantes, Paris Hilton and Britney Spears, Richie garnered much public opprobrium for her misbehavior. Her 2006 DUI arrest was particularly scary. She drove the wrong way down a freeway in LA while under the influence – a terrifically dangerous act that easily could have killed someone. Now that she has two kids, Richie appears to be deeply contrite about her past actions. She said: “there is absolutely no way I will do anything like that again… I am in a completely different place now I have… I have to really be someone I want my child to look up to.”

So what are some typical penalties for Beverly Hills DUI?

It’s hard to say specifically what prosecutors will throw at you unless more details are known.

• If you are a multiple offender – that is, if you get convicted for DUI more than once within 10 years, your penalties will go up quite significantly.
• If you hurt someone while DUI in Beverly Hills, what ordinarily might be a simple misdemeanor offense will be charged as a felony.
• The court will look at things like the severity of your DUI, whether you cooperated with police or not, whether you demonstrate contrition or not, and whether extenuating circumstances existed.
• Even for a first time DUI misdemeanor, you can get a minimum of 48 hours in jail, a one-year license suspension, a mandatory installation of an IID device in your vehicle and other punishments.
• At the more elevated end of the punishment spectrum, if you get convicted of DUI murder in Southern California, you could face 15 years to life behind bars.

To navigate your defense, turn to an expert and experienced Los Angeles criminal defense attorney. Local Beverly Hills lawyer Michael Kraut (9107 Wilshire Boulevard Suite 450, Beverly Hills, California 90210. Phone: 310-550-6935) can provide timely, superior service. As a former Deputy DA for the City of Los Angeles, Mr. Kraut understands Southern California DUI law from both a theoretical and experiential point of view. He has demonstrated tremendous success at trial and uses his many key relationships to deliver best result for his clients.

December 27, 2010

Burbank DUI Breaking News: Driver who Killed Angels Pitchers Gets 51 Years to Life in Prison

by Michael Kraut

The most vivid examples of driving under the influence in Burbank often, unfortunately, fall under the media radar. But the April 9, 2009 Los Angeles DUI accident that killed Angels pitcher Nick Adenhart has demonstrated media staying power, due to its deep emotional impact. Last week, Andrew Gallo, the 24-year-old who T-boned Adenhart and killed him and two passengers (Henry Pearson and Courtney Stewart), got sentenced to 51 years in jail to life.

If you’ve been arrested for the crime of Burbank DUI, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you’ve likely spend some time researching your options and mentally exploring “worst case scenarios” for your defense.

Andrew Gallo’s punishment – 51 years to life in prison – represents, in essence, a worst case scenario.

As this blog reported several months ago, when Gallo hit the Angels’ rookie pitcher, he:

• Had been on parole for a felony DUI conviction
• Had been speeding at 65 mph
• Had driven through a red light
• Had a BAC level that tested at almost three times the Southern California legal limit of 0.08%
Due in large part to his previous felony DUI, prosecutors managed to tag Gallo with DUI murder – also known as a Watson murder – the harshest possible DUI offense. Each of the three murder counts carried a punishment of 15 years to life, and Gallo got another six years of jail on top for his other drive crimes.

The California Supreme Court only recently allowed prosecutors to charge egregious Burbank DUI death cases as Watson murders. To win, prosecutors need to show that the defendant acted with “implied malice” – that is, he or she killed another person while DUI AND knew the risks but chose to ignore them.

Depending on the skill of your attorney, the evidence prosecutors have against you, and any exculpatory evidence or arguments you can muster, you may be able to fight back against a serious charge like vehicular homicide or DUI manslaughter.

One very critical distinction is the distinction between an injury DUI, which can be a felony, and a non-injury DUI, a misdemeanor. California Vehicle Code Sections 23153 (a) and 23153 (b) define injury DUI; whereas California Vehicle Code Sections 23152 (a) and 23152 (b) define non-injury DUI with alcohol.

To develop a well-articulated, strategically focused response to your charges, connect with a qualified Burbank criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers.

Why choose Attorney Kraut? First of all, he is a former prosecutor, so he understands how the people who will be charging you think. Second, he is Harvard Law School educated. Third, he has a terrific record at jury trials. Fourth, he provides compassionate, systematic service to help reduce your stress and increase your odds of getting better results.