Articles Posted in DUI Crime and Punishment

Everyone in the world of poker knows that driving under the influence in Burbank (or, really, anywhere in the United States) is bad news. Unfortunately, John Racener, Runner Up in the 2010 World Series of Poker’s Main Event, may not have gotten the memo. According to a report out of St. Petersburg, Florida, Racener got arrested on December 11 for his third DUI, after police stopped him near South Westland Ave and West Azeele Street.John-Racener-DUI.jpg

If someone or you care about has been recently pulled over under suspicion of a Burbank DUI, Pasadena DUI, Los Angeles DUI, or Glendale DUI, Racener’s story may sound uncomfortably familiar. Just last month, the 24-year old won $5.5 million in Las Vegas. But all his earnings may not be enough to prevent him from seriously harsh penalties. According to the St. Petersburg Times, “Racener has been arrested in Hillsborough County three times before – on charges of driving under the influence in 2005 and 2006 and on a misdemeanor battery charge in 2009.”

Racener allegedly refused a blood alcohol test and made a bail of $1000 to secure his release.

As we’re going to see in a moment, the more often you get arrested and convicted for DUI charges, the more uncomfortable the penalties become. For instance, a first time Burbank DUI offender might get a misdemeanor and be subjected to court penalties such as 48 hours in jail (max six months); court costs and a fine of a $1000; a full year license suspension; six weeks minimum DUI alcohol school; and formal or informal probation.

A second time misdemeanor DUI within 10 years results in an increase in your jail time and alcohol school minimums, doubles your license suspension, hikes up your court costs and fines, and leads to potentially other punishments.

If you get convicted of three DUIs within a decade – a la John Racener – a 3rd time misdemeanor offense will land you a minimum of 120 days in jail with a maximum of a full year. Your other penalties (e.g. alcohol school, license suspension, fines, etc) will also hike up.

Beyond this, extra DUI convictions within 10 years will lead not only to more penalties but also to potential felony convictions for what ordinarily would be considered a misdemeanor offense.

All of this is to say that a Burbank DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers, may be an essential person to call if you or someone you care about faces charges. Whether this is your first arrest in your life for anything or whether you have a criminal record already, connect with Attorney Kraut’s Burbank offices at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505. Or dial 818-5639-810 for immediate help.

Attorney Kraut has a Harvard Law School education, and he has been featured as an expert on DUI law by CNN, ABC News, KTLA Channel 5, and the Burbank Ledger.

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As this blog and other news sources that follow Los Angeles DUI arrests reported a few weeks ago, Partridge Family star David Cassidy got pulled over on November 3rd by the Florida Highway Patrol for driving under the influence. Last week, Cassidy (via his attorney) entered a “not guilty” plea to the charges, prompting lots of gossip and speculation among the celebrity media.david-cassidy-dui-2.jpg

Basic Allegations against Cassidy
Individuals pulled over under suspicion of driving under the influence in Burbank, DUI in Los Angeles, Glendale DUI, or Pasadena DUI recently might be somewhat sympathetic to Cassidy’s situation. But the allegations against the actor seem, at least on the surface, quite brutal.

Cassidy had attended a funeral earlier in the day and consumed one glass of wine, according to his account. Later on, he consumed hydrocodone, an opioid medication – just a few hours prior to his stop and arrest. The officer who pulled Cassidy over subjected him to several field sobriety tests, which were videotaped. The Dash camera footage from the police car clearly showed a wobbly Cassidy; he did not exactly pass his field sobriety tests with blazing colors. The officer also found a half opened bottle of bourbon in his vehicle. Two hours after Cassidy’s arrest, the former heartthrob took two breathalyzer tests and scored 0.141% and 0.139% respectively – significantly over the Florida and Southern California DUI limit of 0.08%.

Pursuant to Cassidy’s not guilty plea, the judge set a court date of January 18. All told, the actor stands accused of three different charges:

1. Driving with an open container (the bourbon).
2. Failure to maintain his lane.
3. Misdemeanor DUI.

If he is convicted of those charges, he could face fines of $1,000 and up to half a year in jail.

Anyone who has seen the Fox News video of Cassidy’s field sobriety tests might be tempted to prejudge a “guilty” verdict. But field sobriety tests may reveal surprisingly little information. In a Southern California DUI stop, an officer may subject you to both mental and physical tests, including the horizontal gaze nystagmus test (which measures pupil reaction timing); balancing tests (e.g. walk the line, one leg stand, Rhomberg, and finger to the nose tests); and mental tests (e.g. reciting the alphabet in reverse order and tackling a “counting backwards” task). Officers will also record any so-called “symptoms” of DUI, such as bloodshot eyes, odor of alcohol on your person, general klutziness, odd emotional reactions, slurred speech, and misbehavior.

Taken together, breathalyzer test results, field sobriety tests, accounts of “symptoms” of DUI, and officer testimony of erratic driving patterns can create a compelling argument that a suspect was in fact driving under the influence in Los Angeles. But it’s important not to jump to conclusions. For instance, someone like Cassidy might have been exhausted from attending an emotionally draining funeral; and this stress might have affected his performance on the FSTs. Likewise, someone who is extremely fatigued or sick – or who has recently been exposed to some kind of harsh chemical – may exhibit signs that mimic DUI symptoms, such as watery eyes, hazy memory, and lack of coordination.

All this is to say that, if someone you care about has been recently pulled over for driving DUI in Burbank or elsewhere in the Southland, your choice of legal representative can be crucial. Connect with Los Angeles criminal defense attorney Michael Kraut today to get a free confidential case evaluation. Attorney Kraut is a former prosecutor who attended Harvard Law School. He is regularly called upon by major media outlets to weigh in with his expertise on cases of note.

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Last Monday, singer Faith Evans plead “no contest” to her charge of misdemeanor Los Angeles DUI, pursuant to her August arrest in Marina del Rey. The Grammy award winner and widow of the Notorious B.I.G. (a.k.a. Christopher Wallace) heard Superior Court Judge Edward Moreton lay out her sentence. If you have recently likewise been arrested and charged with misdemeanor DUI in Los Angeles, DUI in Glendale, DUI in Pasadena, DUI in Burbank, or DUI elsewhere in the County, you might be fascinated to hear the celebrity’s ultimate verdict:faith-evans-dui-2.jpg

• Three months of alcohol education
• Three years of probation
• $300 fine on top of other penalties
• Prohibited from driving with any alcohol in her system during her probation
As you may remember, the drama happened at 10:40 p.m. on August 21, when Ms. Evans got pulled over at the intersection of Washington Boulevard and Lincoln Boulevard at a Los Angeles DUI checkpoint.

The “I’ll Be Missing You” singer experienced a brush with the law six years earlier in Atlanta, when she and her boyfriend at the time, Todd Russaw, got pulled over at an Atlanta suburb and charged with possession of cocaine and marijuana. Following her August 2010 arrest, Evans reassured her fans via Twitter that she was doing well and stoked enthusiasm for the upcoming release of a new music video.

Although the punishments doled out to Ms. Evans may seem somewhat harsh – who wants to pay a $300 fine and be prohibited from driving with any alcohol in your system whatsoever for three whole years? – in reality, things could have been a lot worse for her. The court can impose harsh penalties, even for a minor misdemeanor Marina del Rey DUI involving no property damage, injuries, or other traffic violations. For instance, at maximum, you could get six full months behind bars, fines of $1,000 on top of court costs, a full year license suspension, nine months of DUI alcohol school, a court-imposed requirement to install an interlock device in your vehicle, and seriously strict terms of probation.

Of course, these Los Angeles DUI punishments can be ratcheted up even further, depending on the circumstances. For instance, if this is your second or third DUI conviction within 10 years; if you hurt somebody or destroyed property while DUI; or if you violated other laws or traffic rules while DUI, the court can hammer you with a longer jail sentence, steeper fines, and many other penalties.

To protect your rights, your ability to drive, and your professional reputation, it behooves you to retain an experienced attorney to draw up a plan of action for your defense. Los Angeles criminal defense attorney Michael Kraut spent nearly a decade-and-a-half as a prosecutor for the city (Deputy DA for Los Angeles) before opening The Kraut Criminal & DUI Lawyers and representing criminal defendants.

Attorney Kraut is regarded as an expert in Los Angeles DUI law by both his legal peers and by the mainstream media (e.g. The New York Times, Fox KTLA News, Los Angeles Times, etc.) and he boasts a Harvard Law School education and an exceptional track record at jury trials.

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Many celebrity Los Angeles DUI arrests that “go viral” revolve around extremely well known celebrities like Lindsay Lohan, Mel Gibson, and Nick Nolte. But as this blog tries to highlight, many “minor” celebrity DUI arrests happen every week. Last week, Glenn Douglas Packard, a regular on the reality TV series “Hogan Knows Best” got pulled over for DUI in Miami Beach. Glenn%20Douglas%20Packard%20DUI.jpg

If you have recently been pulled over for a DUI in Pasadena, DUI in Glendale, DUI in Burbank, or DUI in Los Angeles or elsewhere in the Southland, the debate over Packard’s legal “prognosis” may intrigue you.

According to reports from the gossip website TMZ.com, a Miami Beach police officer pulled Packard over last Wednesday morning and observed that he “definitely had a strong odor of an alcohol beverage on his breath” and had “red and watery eyes, slurred speech, and unsteady stance.” Packard allegedly admitted to the officer that he was the evening’s designated driver and that he had had “only three drinks.” Packard submitted urine samples for testing. Low and behold, two tests came back below the Florida (and California) legal limit of 0.08%. He tested at 0.65% and 0.77% respectively – close to DUI but not necessarily over the line. As of this posting, it’s unclear how Packard’s defense will play out, but his conundrum might be instructive.

After all, in certain cases, it can be very difficult to completely deny a DUI charge. For instance, if you crash into a tree and test having a BAC of 0.35%; and if dozens of witnesses testify that they saw you chugging down Long Island ice teas like there was no tomorrow — then your ability to plead “not guilty” gets, shall we say, quite complicated.

However, many cases are very similar to Packard’s – they involve drivers who test near or at the legal limit, as defined by California Vehicle Code Section 23152(b), which says that a driver who operates a motor vehicle with a BAC of 0.08% or greater can be convicted for Los Angeles DUI and can face points on their DMV record, jail time, suspension of a CA driver’s license, court costs and fines, and other unpleasant penalties.

But even if you tested over the 0.08% limit, a savvy and experienced lawyer, such as Los Angeles criminal defense attorney Michael Kraut, can challenge the results of your test by doing things like examining the accuracy of the breathalyzer test, probing the police work done, and even looking for factors that might have interfered with the test results. For instance, diabetics often have chemicals on their breath which interfere with breathalyzer results and cause them to blow “false positives” for DUI.

The general point here is that, if you or someone you care about has been recently arrested for Los Angeles DUI, it behooves you to consult ASAP with a good lawyer. Attorney Kraut has a terrific reputation in the industry – not only is he well respected by past clients, but he is also held in high regard by judges and prosecutors, most likely because Attorney Kraut served himself as a prosecutor for 14+ years, and he attended Harvard Law School.

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Last Monday, Huntington Beach Councilman Devin Dwyer offered a radical proposal at a city council meeting: publish the names of Southern California DUI offenders on Huntington Beach’s Facebook page. Dwyer made the case for “public shaming” of DUI offenders thusly: “I would use any tool necessary to bring down the numbers of drunk drivers.”huntington-beach-facebook.jpg

If you or someone you love has been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena or elsewhere in the Southland, you would certainly not be alone. Indeed, Huntington Beach has one of the worst records in California for DUI arrests. In 2009, police reported 274 DUI crashes and 1,687 arrests – and this is all for a town that has a population of just 200,000.

Huntington Beach officials have been scrambling to institute solutions. This year, officials banned “beer pong” at establishments in downtown, and more officers have been pulled onto DUI detail. In an ironic twist, Huntington Beach’s City Attorney, Jennifer McGrath – the attorney who reviewed the Facebook proposal to make sure there are no legal problems with it – was herself arrested for DUI in Southern California back in 2005, after police pulled her over on Main Street near City Hall. McGrath pled guilty and paid a $1,600 fine.

If you get pulled over for driving under the influence in Los Angeles or elsewhere in the Southland, police will use several tools and strategies to determine whether or not you are DUI. They will likely put you through several field sobriety tests, administer something called a preliminary alcohol screening test (PAS test), and analyze your breath, blood, or urine using chemical tests. If you are found to be under the influence of alcohol or drugs, you can be charged with a crime pursuant to California Vehicle Code Sections 23152(a) or 23152(b).

The consequences of conviction can include jail time, loss of driver’s license, serious fines and court costs, points on your DMV record, mandatory alcohol school, and mandatory installation of an IID in your vehicle. A Los Angeles DUI conviction will also have serious secondary and tertiary consequences. For instance, a DUI conviction can make it more difficult for you to get a job, find a lender, and maintain good standing in your professional community. If you hurt someone while driving under the influence in Huntington Beach or elsewhere in the Southland, you could face even more serious charges pursuant to other sections of the CVC – 23153(a) and 23153(b). Basically, these allow prosecutors to elevate what would ordinarily be a misdemeanor DUI charge to a felony. If convicted of a felony, you face even more perilous legal consequences, including such as a longer jail sentence and permanent loss of key rights.

To craft and execute a competent defense to Los Angeles DUI charge, you should seek expert legal guidance. Look to Los Angeles Criminal Defense Attorney Michael Kraut.

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Although horrific Southern California DUI collisions and injuries occur with an unbearable frequency these days, rarely do prosecutors charge offenders with “DUI murder” – a charge that’s equivalent to second degree murder. But last week, a jury in Anchorage Alaska returned a “guilty” verdict in a DUI murder case involving a 56-year old former BP executive, who killed a man and critically injured his fiancée after she drove the wrong way on Seward Highway.phillips-dui-murder.jpg

If you or someone you care about has recently been pulled over on charges of DUI in Los Angeles, DUI in Pasadena, DUI in Glendale, or DUI in Burbank, you probably are quite interested in the distinctions among DUI penalties. The story of this DUI tragedy should be instructive.

According to AP reports, on November 5th, 2009, Philips drove her Ford Explorer the wrong way on the expressway and slammed into a small Toyota driven by 23-year old Louis Clement. Tests revealed that Philips’s blood alcohol level was over 4 times the legal limit. The jury deliberated only a few hours before returning the guilty verdict.

The 56-year old Philips had been convicted for driving under the influence three times prior. A fourth DUI charge, pursuant to a March 2009 arrest, is still pending. She was also arrested for DUI in 1983, but she pled that down to a simple traffic offense.

In Alaska, a DUI murder conviction carries a minimum of 10 years in jail. A DUI murder in California is punishable by at least 15 years – or up to life – behind bars. The burden of proof on prosecutors in DUI murder cases is quite high. The prosecution must show something called “implied malice” – in other words, that the driver who caused the death had a crystal clear understanding of the risks inherent in driving DUI and nevertheless still chose to get behind the wheel.

Even if prosecutors don’t charge you with DUI murder, they could hit you with charges of vehicular manslaughter or – an even more serious charge – vehicular manslaughter with gross negligence.

And even if all you do is hurt someone while driving DUI in Los Angeles, you could face felony charges pursuant to California Vehicle Code sections 23153(a) and 23153(b).

Furthermore, even if you just got stopped for driving with a blood alcohol concentration of 0.08% or more, you could face devastating penalties just for the misdemeanor – penalties such as prison time, loss of your California driver’s license for a year and enormous fines.

To respond to charges, consult with a reputable and results proven Southern California DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.

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On November 10, former Yankee superstar Jim Leyritz watched on as prosecutors in his DUI manslaughter case finished their case against him. As those of you who follow Southern California DUI celebrity news likely already know, Leyritz faces 4 to 15 years in jail for killing 30-year old Fredia Ann Veitch on December 28, 2007. leyritz-dui.jpg

If you’ve been recently pulled over for driving under the influence in Burbank, DUI in Pasadena, Los Angeles DUI, or DUI in Glendale, hopefully it was under less tragic circumstances. Known best for slamming home a key homerun in the 1996 World Series, Leyritz retired from baseball in 2000. Unfortunately, 7 years into his retirement, he hopped into his red Ford Expedition while significantly over the Florida (and Southern California) legal limit of 0.08% BAC. A later blood test showed that he had a BAC of 0.14% hours after the crash.

Earlier this year, Leyritz paid Veitch’s family for the wrongful death: $250,000 in insurance payments as well as payments from his own pocket: $1,000 per month for 100 months.

Prosecutors called numerous expert witnesses, including Donald Felicella, who told the jury that evidence suggests that “there was not anything to indicate that speed was a factor.” Veitch had also been driving under the influence. Evidence showed that she had a BAC of 0.18% at the time of the crash. She was actually thrown out of her vehicle because she hadn’t been wearing a seat belt.

According to California law, if you get convicted of vehicular manslaughter while DUI, you can face extremely serious penalties – particularly if you committed vehicular manslaughter with “gross negligence.” In rare cases, prosecutors may charge defendants with a crime called DUI murder. This is actually an even more serious crime than DUI vehicular manslaughter with gross negligence. Also known as a “Watson Murder,” DUI murder carries penalties of 15 years to life in jail. It is essentially equivalent to second degree murder.

Whether you were arrested at a Los Angeles DUI checkpoint after you blew a breathalyzer result of 0.09%; or you got involved in a serious injury collision while allegedly under the influence, you may need good legal advice immediately from a Los Angeles DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.

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Last Monday, a fatal Los Angeles DUI incident shocked and outraged the community. A black BMW swerved out of control into a pedestrian, killing him, and then crashed into a school bus, injuring dozens of kids. If you have been recently arrested for a non-injury DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI in Los Angeles; this horrific story can serve as a crucial cautionary tale.school-bus-crash.jpg

According to UPI reports, several witnesses saw a BMW fly through a red light, slam into a pedestrian, and then crash into a bus carrying students from Los Angeles’s Roosevelt High School, flipping it over onto a Metro Link platform. After the crash, the BMW’s driver and a passenger got out of the vehicle and tried to escape on foot. But a pair of construction workers saw them, ran after them, and detained them until police showed up and took them into custody. Of the 54 students on the bus, 16 got treated for non-critical injuries.

If the allegations turn out to be correct – that the BMW’s driver did hit and kill someone while DUI and then fled the scene of the crime – then the driver could get into profound amounts of trouble. The state takes the crime of driving under the influence extremely seriously. Even if you don’t hurt anyone or cause any property damage, if you get behind the wheel of a motor vehicle with a blood alcohol concentration of 0.08% or higher, or if you otherwise drive under the influence of alcohol, drugs, or even prescription medications, you can be arrested and charged pursuant to California Vehicle Code Sections 23152 (a) and/or 23152 (b). Your punishments can range widely and can include jail time, license suspension, extremely strict probation terms, steep fines and court costs, and mandatory interlock ignition device installation.

If you hurt someone while driving under the influence in Pasadena or elsewhere in the Southland, your charges can be ratcheted up significantly. Then you might be subject to California Vehicle Code Sections 23153 (a) or 23153 (b), which elevate what might be a misdemeanor charge to a felony — a significantly more substantial charge.

And if you drive while DUI and cause someone’s death, you can be hit with a variety of charges, depending on the circumstances of your accident, including:

• Vehicular homicide
• Vehicular homicide with gross negligence
DUI murder (aka “Watson murder”)

If you face any DUI count, a conviction can impact your financial future and even your freedom. To protect yourself, consider retaining an experienced Southern California DUI attorney.

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Most headlines about Southern California DUI concern politicians, actors, celebrities, or “ordinary” people doing outlandish things (such as riding lawnmowers while DUI – a peculiar habit that this blog has documented multiple times). miquelon-dui.JPG

A breaking story publicized by the Chicago Tribune shows that actors, celebrities, and oddballs don’t have a monopoly on the “DUI trade.” Wade Miquelon, the Chief Financial Officer for the Walgreens, got arrested on September 25 for DUI.

If you have been recently hit with a charge of DUI in Burbank, DUI in Pasadena, DUI in Glendale, or DUI in Los Angeles, it may behoove you to learn more about what happened to Miquelon and to explore how Southern California DUI law may impact your potential penalties and defense options.

The charges constituted the 45-year-old’s second DUI within a year. Police charged Miquelon with three different offences:

1. Driving under the influence of alcohol.
2. Driving on a suspended license.
3. Driving with a taillight out.

Of the three charges, obviously the most serious is the DUI – serious not only for Miquelon’s personal life (he could have his license suspended and could have to serve time in jail) but also for his professional life and for the wellbeing of his company. When top executives at major companies commit criminal offences, the market takes notice, and volatility can follow.

Looking more specifically at Miquelon’s case — and its implications for Los Angeles DUI defense — what lessons can we draw here? Considering that Miquelon got arrested twice within essentially a single calendar year, perhaps we should review the penalties associated with multiple convictions of DUI in Southern California.

As you might expect, the more times you get convicted for a DUI, the greater your penalties will be. But what are the specifics?

1. First conviction.

The court might impose penalties like: 48 hours mandatory jail time, $1,000 fine along with court costs, formal probation, six weeks in DUI alcohol school, one year California license suspension, mandatory installation of a device in your car that will prevent you from starting it if you have any alcohol on your breath, and other punishments that the court chooses to impose.

2. Second conviction.

A 2nd conviction for a Southern California DUI misdemeanor charge (within 10 years) will lead to increased mandatory jail time (up to 10 days), increased time in DUI alcohol school, a license suspension twice as long (two years), and a spike in your court costs and fines.

3. Third conviction.

If you are arrested 3+ times within 10 years, you become a Los Angeles DUI recidivist (serial offender). A typical misdemeanor charge can be elevated to a felony count. This is a much more serious charge that could result in a longer jail sentence as well as the permanent loss of certain rights. In addition to seeing increases in your alcohol school time, license suspension duration, and court costs and fines, you will also see a major increase in your jail time – from a 10-day minimum for a second DUI to a 120-day minimum for third time DUI.

If you face a charge of Los Angeles DUI, you may need a reputable and careful attorney to develop a case for you.

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Motley Crue frontman, Vince Neil, got arrested in Las Vegas in June for driving under the influence. His blood alcohol concentration tested at over 0.21% – nearly 3 times the legal limit for Southern California DUI. Ever since, celebrity gossip sites have been wondering how Neil would plead to the charges. Well… the results are in. vince_neil-dui.jpg

Last Tuesday, Neil pled “not guilty” to his misdemeanor DUI charge – along with speeding charges pursuant to his June 28th arrest. If you’ve been recently pulled over for Glendale DUI, Pasadena DUI, Los Angeles DUI, or Burbank DUI, perhaps you might relate to what Neil went through when the police stopped him as he was driving 60 miles per hour in a 45 mile per hour zone. The officers noticed that Neil had an odor of alcohol on his breath, and he failed several field sobriety tests – including the Horizontal Nystagmus Gaze, Walk the Line, and One-Leg Stand tests. The officers removed Neil from his Lamborghini and took him to Clark County jail. Neil secured his release with $2,000 bail. According to news sources, his trial is set for January 6th in Las Vegas.

26 years ago, Neil got convicted of DUI and vehicular manslaughter after he got into a crash that killed a passenger in his car, the drummer for the Finnish band Hanoi Rocks.

So despite being convicted of vehicular manslaughter, Neil only served 15 days in jail out of a 30-day sentence.

As Neil’s case indicates, if you hurt or kill someone while DUI in Los Angeles, your penalties can range widely, depending on many factors. If you were “grossly negligent,” for instance, you may face charges pursuant to Penal Code Section 191.5(A). A conviction could lead to a raft of very serious charges, including a long time in jail. To prove that you were grossly negligent, prosecutors must show that you drove with more than average inattention or carelessness or bad judgment – in other words, you drove in such a reckless fashion that a reasonable person would realize that you were creating a serious risk of hurting someone or killing someone.

There is actually an even more serious charge – DUI murder. This charge carries even stiffer penalties.

Whether you’ve been pulled over for a relatively minor misdemeanor charge or a more serious count, a Los Angeles DUI attorney can provide crucial guidance and strategic support as you work to save your license and reduce your penalties.

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