DUI Field Sobriety Tests

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!

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.

September 28, 2011

Resisting Burbank DUI Arrest? Not a Good Idea. Just ask Ohio DUI Suspect…

by Michael Kraut

The Burbank DUI arrest process is scary, frustrating, and overwhelming – even if you cooperate with officers, avoid making stupid mistakes, and generally keep your cool.

Unfortunately – as we have detailed many times in this blog – DUI suspects often act in ways that radically alter the legal landscape and complicate their chances for developing sound defenses.

Take the case of Ohio DUI suspect Delvin Dewayne Williams, who was recently arrested by Dalton, Ohio police for “allegedly dragging and injuring a police officer while resisting a DUI arrest.”

Now, instead of facing simple but ultimately resolvable charge such as misdemeanor DUI (similar to a standard Burbank misdemeanor DUI charge under CVC Sections 23152(a) or 23152(b)), Williams faces a veritable rainbow of charges including: “Aggravated battery, simple battery against Law Enforcement personnel, first degree forgery, DUI, willful obstruction by threat or violence (two counts), giving false information, reckless driving, and failure to yield when entering or crossing a roadway.”

Yikes.

Here is a more blow-by-blow description of what Williams allegedly did after being pulled over at a service station near Highway 41 and Shugart Road. An officer walked Williams through multiple field sobriety tests and gave him a breath test. Williams allegedly clocked in at 0.23 BAC – nearly three times the limit for a Burbank DUI, according to CVC 23152(b).

The real action began when a police officer named Collins tried to take the suspect into custody. As reported on www.chattanoogan.com: “[Williams] resisted, breaking free and getting into his car. Officer Collins chased Williams and went halfway into the driver’s side door to try to pull Williams back out of the car. Williams managed to start the car and began to accelerate sharply, dragging the officer from the door, and throwing him from the car as he headed towards the highway.”

It took police officers a day or so to track Williams down (he fled after his escape). But now that he is in custody, he faces a barrel of legal trouble. He is actually lucky, in some sense, because he could have severely hurt or even killed the police officer during the getaway. If that had happened, he could have faced monumental charges, including life in prison.

This case illustrates a point that any reputable Burbank DUI criminal attorney will emphasize to you: What you do after your DUI arrest or stop matters profoundly.

It’s important to keep your head. Even if you have made mistakes (driven away from the scene of an accident, for instance) the more mistakes you add to those, the more trouble you’ll likely be in. Obviously, when your adrenaline is rushing – especially if you are simultaneously under the influence of drugs or alcohol – you stand a good chance of making irrational and dangerous decisions. But take some time to compare the differences in the Burbank DUI penalties for first-time, nonviolent misdemeanor arrests against penalties for Burbank DUI with hit-and-run, injuries, or other charges. There’s a world of difference.

Whatever happened to you, it’s never too late to start making sensible decisions. Connect with Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) today to get a complete analysis of your options. For nearly 15 years, attorney Kraut worked as a prosecutor, rising to the level of Senior Deputy District Attorney for Los Angeles. He uses all of his experience, talents, and relationships with members of the Burbank DUI legal community to help his clients meet their needs.

September 12, 2011

Long Beach DUI Hit and Run Nets Fire Captain 90 Days Behind Bars

by Michael Kraut

Last week, 30-year-old fire department captain John David Hines was convicted of an April Fool’s Day Long Beach DUI hit and run. According to an L.A. Times report, the captain had a blood alcohol concentration of nearly three times the legal limit for Long Beach DUI (according to California Vehicle Code Section 23152: 0.08% BAC) when he slammed into 47-year-old bicyclist Jeffery Gordon and sent the man flying more than 70 feet.

Hines will serve 90 days in a California prison and may face a jail sentence of up to six years, depending on how things go during his sentencing hearing on December 2.

According to the Times, “Hines pleaded guilty to felony driving under the influence of alcohol causing bodily injury [in Long Beach], driving with a blood alcohol over the state limit and hit and run with injury. Because his blood alcohol level was so high, he was also convicted of several sentencing enhancements.”

This last bit of information – about how his sentence was increased because of his excessive BAC level – should be of interest to anyone recently arrested for a similar crime.

The public may believe that a Long Beach DUI is a Long Beach DUI is a Long Beach DUI. But that’s far from the truth. Innumerable factors can influence sentencing, including whether you hurt anyone, whether you fled the scene of the accident (hit and run), how far under the influence you were according to breathalyzer and blood tests, and so on.

In a “best case” scenario, your Long Beach DUI criminal defense attorney might be able to clip your sentence down or even get the charges dismissed altogether. But if you killed someone while DUI, depending on the circumstances, you could be face a DUI murder charge and wind up with life behind bars.

This is a huge range of possible punishments.

And while there is obviously no “one-size-fits-all” solution to Long Beach DUI charges, your choice of attorney can make an enormous impact on your ultimate outcome. Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) can clarify your options and develop a strong case for you. Attorney Michael Kraut served as a prosecutor for nearly a decade and a half – this fact gives the Harvard Law School educated attorney a huge advantage when building DUI defenses. He also can leverage his excellent jury trial record, status as a Long Beach DUI media observer, and relationships with the legal community to get you the results you crave.

September 7, 2011

Beverly Hills DUI with Alcohol News – Happiest Night of Couple’s Lives Ironically Ends with Their Car Twisted around Utility Pole

by Michael Kraut

A Beverly Hills DUI accident is, almost by definition, an ironic affair. The public imagination associates Beverly Hills with luxury, the good life, and good health and spirits. Likewise, when we think of “DUI” we think of horror stories, cars wrapped around telephone poles, mothers and children crying, and other ghastly images. In other words, when we combine these two images in our minds, we get a kind of dissonance. It’s like thinking of chocolate-covered brussel sprouts – the two things don’t go together.

Likewise, when we think of people getting married, we think of happy occasions, such as singing, dancing, merrymaking, and jubilation. The last thing we think of is DUI. But a tragic accident in Western Pennsylvania highlighted how even life’s most happy events can be tarnished – suddenly and surprisingly – by things like a Beverly Hills DUI.

According to the Houston Chronicle, 56-year-old Billy Leroy Peroney was driving home from his own wedding reception with his blushing new bride, Kelly, when Paroney lost control of his vehicle while passing another car and slammed into a utility pole. The force of the impact was so powerful that it ricocheted the vehicle into a nearby house. The Houston Chronicle reported that Kelly was airlifted from the accident; as of the most recent report, there was no information on her condition. Billy Paroney was put through a field sobriety test; and he admitted to consuming alcohol prior to the accident.

Beverly Hills DUI sobriety tests – such as walk the line, finger to the nose, count backwards by threes, say the alphabet backwards, stand on one leg, and horizontal gaze nystagmus – are unpleasant and scary. But if you fail your Beverly Hills FSTs, you are guilty, right? Not so fast. Indeed, there are many reasons why you think you might underperform on FSTs that have absolutely nothing to do with the amount of alcohol you did or did not consume. These include:

• Your level of fatigue (if you are tired, you might stumble and fumble);
• Your level of fear or anxiety (who hasn’t done the equivalent of forgetting a big line in a play when they are under pressure?);
• Police error, overestimation, or misjudgment of your behavior;
• Your natural habits and tendencies (maybe you are just a klutz by nature);
• Interference from other, non-alcohol factors, such as illness, disease, or other medication that you are legally allowed to take.

A Beverly Hills DUI defense attorney, like the Kraut Criminal & DUI Lawyers’ Michael Kraut (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can help you unpack possible plans to fight back against the charges and make sure that you are treated justly and fairly. Attorney Kraut is an experienced former prosecutor, and he has the wherewithal and the resources to help you.

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.

July 19, 2011

Pasadena DUI Sports News: DUI Charge Dropped against University of Montana’s QB, Montana

by Michael Kraut

What if you could just click your heels three times and make your Pasadena DUI charge disappear, like something out of the Wizard of Oz? That’s obviously impossible, even for the most adept Los Angeles criminal defense attorney. But you may have more resources to battle charges of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI than you realize.

Situations that at first seem dire can often be resolved successfully through negotiation, strategic planning, and well-directed effort. Consider, for instance, the case of Nate Montana, a quarterback for the University of Montana and the oldest son of Hall of Famer Joe Montana (try saying “Montana” three times fast). On June 3rd, the younger Montana got pulled over and arrested under suspicion of DUI. He refused a breathalyzer test but performed relatively well on field sobriety tests. Ultimately, the Missoula County Attorney’s Office decided that Montana’s performance on the FSTs did not merit a DUI charge. Montana worked out a plea deal. He agreed to pay $435 in court costs and fines, participate in a chemical dependency program, and accept a six month license suspension (because he refused the breath test). In exchange, the court suspended a 90-day jail sentence for the Grizzlies’ QB.

This was not Montana’s first brush with the law – or with charges of intoxication. Last year, while playing for Notre Dame, he and 10 other Fighting Irish athletes were busted for underage drinking and charged with misdemeanors.

If you’ve been recently hit with a charge of driving under the influence in Pasadena, you might be wondering how this “football royalty’s” experience relates to yours in a constructive way. It does, obliquely. Nate Montana’s experience illustrates that DUI defendants – even ones who perform inadequately on Pasadena field sobriety tests (e.g. figure to the nose, Rhomberg, walk the line, counting backwards by threes, etcetera) can rebound surprisingly quickly from their charges and from the humiliation, frustration, and agitation.

The first step is getting the best help you can and identifying a clear path toward success. Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you outline, sketch out, and move forward with an appropriate strategy based on your needs, concerns, and principles. Mr. Kraut is a renowned former prosecutor who often appears on television (and in major newspapers) as an expert guest commentator on DUI news issues.

June 29, 2011

Long Beach DUI Disaster for R&B Fans – Singer Nivea (Baby Mama Number 4 for Lil Wayne) Smashes Into a Tree While Allegedly DUI

by Michael Kraut

Last Sunday was not a good day for R&B singer Nivea. Her story of DUI in Atlanta was largely drowned out in the Long Beach DUI blogosphere by Ryan Dunn’s (of “Jackass” fame) explosive 130 mile per hour fatal wipe out in Pennsylvania. But pundits and celebrity watchers who listen closely to news about Glendale DUI, Pasadena DUI, Los Angeles DUI, and Burbank DUI story lines couldn’t help but notice some similarities between Nivea’s crash and the fatal crash that took the life of Dunn and another passenger on Monday.

• First of all, Nivea wrapped her Mercedes around a tree that had fallen down (she apparently missed the police lights and yellow tape around it); whereas Dunn crashed his Porsche into a tree on the side of the road.

• Nivea had a passenger in her car with her (a tiny baby – Lil Wayne’s); whereas Dunn also had a passenger with him;
• Significant circumstantial evidence suggests at least some wrongdoing. The police allegedly reported that Nivea “had bloodshot, glassy eyes and smelled like alcohol,” swore at an officer on the scene, and admitted to having had 3 drinks before getting behind the wheel; Dunn, for his part, had a history of reckless and careless driving charges (including a DUI) and he photographed himself earlier in the evening at a bar.

• Both had been driving expensive, fast cars (for whatever that’s worth): Nivea was driving a ’06 Mercedes’ whereas Dunn had been driving a Porsche 911 GT3.

What happens when someone gets charged and convicted of driving under the influence in Long Beach with injury to someone else? The answer is stark and scary: You can be charged pursuant to California Vehicle Code Sections 23153 (a) or 23153 (b) – basically what these CVC codes do is escalate what might ordinarily be a misdemeanor charge (still pretty serious) to a felony count (extremely serious). The result? More jail time, stricter penalties, bigger fines, and a harder road back to normalcy.

Can a Los Angeles Criminal Defense Attorney Help You with Your Long Beach DUI Case?

The answer depends on whom you select, how you work with that lawyer, and the nature of your DUI arrest and behavior afterwards. The Kraut Criminal & DUI Lawyers (located in Long Beach at: 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can provide a free and confidential consultation regarding your arrest and suggest best practices to prevent you from doing more damage and to put you on a path towards maximizing your defense. Attorney Kraut is not only an experienced defense attorney who has garnered great reviews from clients, legal peers, and the media (e.g. CNN, New York Times, KTLA News), but he is also a former prosecutor who uses his knowledge and connections as an ex-deputy DA to help his clients.

June 21, 2011

Burbank DUI Reflections: Terrifying Checkpoint Escape in Kansas City, Missouri Seriously Injures Civilian

by Michael Kraut

This blog has scrutinized dozens of Burbank DUI news items since its inception. One of the big takeaways is that drivers have a propensity to act irrationally and dangerously even after they have been stopped and arrested; and it’s often these “post-DUI” behaviors that transform ordinary, simple charges of Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI into life-altering legal crises.

Case in point: A terrifying story out of Kansas City, Missouri has the local police department and concerned citizens on edge. Early Saturday morning (the Saturday before last), a driver waiting at a sobriety checkpoint on Troost Avenue at 2:15 A.M., zipped out of line and hit a civilian police department employee. Here is a chilling quote from KMBC News in Missouri: “Investigators sayof the employee hit the hood of the Dodge and was on it for several blocks. The car also hit a police cruiser parked nearby. An officer fired a shot as the car drove off, but no one was hit. Police searched the area for several hours after the incident, but they have not been able to find the driver.” The civilian employee was taken to a hospital with serious injuries. He had spent eight years working for the department and he was in his mid-30s.

The details of this checkpoint accident make it all the more gruesome: Can you imagine being hit out of nowhere by someone driving DUI in Burbank and then carried on that person’s hood for several blocks before being dumped on the side of the road and seriously injured?

Sure, the driver of the Dodge might have been arrested and got into serious trouble had he simply gone through the checkpoint and failed a field sobriety test or breathalyzer test. But now if and when he gets rounded up, he may face far more intense charges. Consider just the difference between a standard Burbank DUI misdemeanor, as defined by California Vehicle Code Section 23152(a) or 23152(b), versus an injury DUI, as defined by CVC Section 23153(a) or CVC 23153(b). In one case, the crime is a misdemeanor. In the second case, the crime is a felony. A felony charge can land you a jail sentence of significantly more than a year.

This checkpoint evader could also face a whole battery of additional charges which will complicate his defense and lead to enhanced penalties and fines – and that’s not even beginning to talk about the damage he caused to the poor civilian volunteer of the Kansas City PD.

A Los Angeles criminal defense attorney can help you develop and follow through on the most appropriate defense to the charges against you. The longer you wait after your arrest to get good help, the fewer resources you may have. Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you now. Attorney Michael Kraut is a tremendously experienced lawyer – both on as a prosecutor and defense attorney. Major media, such as KTLA News, The New York Times, Fox News and CNN, often look to Mr. Kraut as an expert commentator regarding Burbank DUI news.

June 17, 2011

Glendale DUI News Goes from Bad to Worse for MLB, as Video Emerges of Braves’ Derek Lowe Yelling at Police

by Michael Kraut

Sports fans – particularly baseball fans – have not had a good 2011, at least judging from the news stories picked up on by Glendale DUI blogs (and other blogs that follow sports and celebrity criminal behavior). 37-year-old Atlanta Braves pitcher Derek Lowe was arrested on April 28 in a suburban Atlanta neighborhood. (Lowe signed a four-year contract worth $60 million prior to the 2009 season.)

A new videotape has emerged – obtained by the AP from the Georgia Department of Public Safety – that shows the star pitcher arguing with police officers “repeatedly saying he was not drinking or racing.” According to the tape, Lowe insists that he had not been racing at 90 miles per hour: “Who am I trying to race? Why would I want to race anybody? I live two blocks from here.” The officer who pulled him over retorted furiously “quit trying to lie to me…do you want to start telling the truth now or do you want to keep lying to me?”

Celebrities who face charges of DUI in Burbank, Glendale DUI, Pasadena DUI, and driving under the influence in Los Angeles or elsewhere in Southern California often contend with this extra problem – how will officers react once their true professions are known?

According to a USA Today article on the Derek Lowe video, the pitcher “seemed reluctant” to bring up the fact that he played for the Braves. After being pressed, he responded “I play baseball and once you say you play baseball, you are already guilty. I play for the Braves, so there you go.”

Although Lowe’s charges were dropped several weeks after his arrest, the pitcher made a public apology and generated some clearly unwanted attention for his team and his sport. Lowe’s experience illustrates that there are many ways during the Glendale DUI arrest process to compound a bad situation and make it even worse. If you get into an argument with a police officer, resist arrest, leave the scene of an accident, lie or conduct yourself in an appropriate manner, your Los Angeles criminal defense attorney may have a more challenging time getting your charges dismissed or getting them pled down to lesser offenses.

Many clients have had wonderful experiences working with Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Lead Counsel Michael Kraut spent many years as a Los Angeles city prosecutor – striving to convict DUI offenders. Now, as a criminal defense lawyer, he brings his impressive credentials and knowledge of prosecutorial tactics and mindset to help his clients.

June 8, 2011

Pasadena Breath Test Implications: Will Tainted Santa Clara County Breathalyzer Tests Ultimately Impact Southern California Cases?

by Michael Kraut

If you have recently been arrested and charged with driving under the influence in Pasadena or elsewhere in Southern California (e.g. DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles) chances are you’ve tuned into some very curious news out of Santa Clara County, California. Over 850 DUI cases up are being reviewed, after evidence emerged that the Alco-Sensor V breathalyzers used throughout Palo Alto and San Jose may have been significantly defective. As this blog reported a few weeks ago, the Alco-Sensor V breathalyzers have a manufacturer’s defect that causes condensation buildup and skews BAC readings.

The defective breathalyzers may have led to false arrests and convictions.

All that said, so far the Santa Clara County Public Defender’s Office has not identified too many problematic cases. Out of 858 files that theoretically could have been disputed, so far, only 42 questionable cases have so far surfaced. An Assistant Public Defender, Nona Klippen-Hughes, admitted “I don’t think there is going to be a huge number of cases.” Part of the problem is that the average BAC level for arrest was 0.19% – significantly over the legal limit – and many suspects who used the Alco-Sensor V device also blew DUI positive breath results at the police station after being taking into custody.

So the revelation about the faulty machines may not be as “newsworthy” as initial reports suggested…unless, that is, you consider the story in context. Then, it gets a LOT more interesting. For instance, Vermont and Florida have witnessed serious breathalyzer-related problems that may result in a wholesale throwing out of some pretty big charges.

These breathalyzer-related mishaps are disturbing. Especially because it can be easily demonstrated that breath tests skew in a variety of ways. As this blog has noted time and again, if you blow deeply into a breathalyzer machine, you get a higher BAC reading than if you blow lightly. Men and women process alcohol differently. Chemicals on your breath alter these tests. Calibration and officer errors mess them up. And, obviously, manufacturing defects can also do the job.

A Los Angeles criminal defense attorney can unpack the evidence against you and develop a battle plan to fight the charges. For instance, say you blew an over-the-limit BAC level reading on a breathalyzer. Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) could potentially challenge the results on a number of grounds. Attorney Kraut served as a prosecutor for nearly 15 years. He still uses his connections, insights, prosecutorial mindset, and perspective to help clients get the results that they want and deserve.