DUI Field Sobriety Tests

June 3, 2011

Burbank DUI Checkpoints Violating Civil Liberties?

The police officers who stop drivers at Burbank DUI checkpoints are empowered to remove dangerous drivers from the roads to enhance public safety. And while everyone can agree that we want to reduce and ideally eliminate Burbank DUI, Glendale DUI, Pasadena DUI, Los Angeles DUI, etc., civil liberties groups are complaining that DUI checkpoints are being used to generate impoundment fees… as opposed to eliminating DUI drivers!

According to a May 24th story from the Associated Press, a lawmaker in Northern California (Santa Rosa), Assemblyman Michael Allen (D), has proposed a law to “restrict the inspections to their intended purpose of stopping drunken driving.” Allen’s bill, AB 1389, points out that impoundments have leapt over the 50% between 2007 to 2009.

In many California cities, Allen says, “the ratio of impoundments to DUI arrest is 20 to 1.” The California Police Chief Association, among other enforcement agencies, denies that DUI checkpoints are being abused to generate impoundment fees. David L. Maggard, Jr. responded via e-mail that “DUI checkpoints are exclusively about safety.” Another Assemblyman, Kevin Jeffries, complained that the bill would tie up police and prevent enforcement of anti-DUI policy: “I was a volunteer firefighter for 29 years, and I saw a lot of carnage the road because of drunk drivers…this weakens our ability to catch drunk drivers.”

The bill proposed by Allen would codify a state Supreme Court ruling that “requires officers to conduct their checkpoints on roads that already have a high rate of DUI arrest or accidents, and then give advance notice of the location.”

Clearly, there has to be some way to find a balance here between respecting the rights and civil liberties of drivers and keeping our roads safe and clear of dangerous drivers.

Unfortunately, the way the system has been politicized, policy analysts, politicians, and many people in the legal system have been conditioned to believe that only “win-lose” outcomes are available. Either the police “win” or DUI drivers “win.” This kind of binary choice is obviously a false choice, if you probe the argument in any logical detail. Surely, we collectively can find ways to eliminate or reduce DUI driving and abuse of checkpoints and make our roads safer – all at the same time. It’s just going to take creativity and a little more willingness to both experiment with policy solutions and to measure the efficacy of the solutions in a smart way.

Changing our cultural expectations of drivers may help a lot more than simply punishing them. For instance, right now, in spite of the fact that California’s laws prohibit drivers from text message while driving, many people still do it anyway. If we can find a way to eliminate the “social permission” that we’re tacitly giving each other to text while driving, we can likely reduce accidents significantly – all without punishing anybody.

All of this philosophizing aside, a Los Angeles criminal defense attorney can provide crucial, tactical, and strategic advice and solutions for you, if you or someone you care about has been charged with a DUI crime. Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is a highly reputed former prosecutor (served as a Deputy District Attorney almost for 15 years), who is respected by prosecutors and judges and regarded by major media as an expert in Los Angeles DUI law.

June 1, 2011

Pasadena DUI Breathalyzer Machines: Could They Be Next on the Chopping Block?

by Michael Kraut

Attorneys and pundits who follow news about Pasadena DUI (and DUI throughout the country) are keeping a keen eye on Sarasota County, Florida, where an otherwise boring and workaday DUI trial may have profound implications for the use of DUI breath tests in Florida – and perhaps, indirectly, Southern California (e.g. Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI).

At issue is whether the Intoxilyzer 8000, a breath test machine that Florida troopers use exclusively, generates scientifically sound results.

According to an article in the Herald Tribune, “A five-year legal dispute over the machine has left prosecutors in Sarasota and Manatee counties unable to use Intoxilyzer 8000 test results to trial without bringing experts to prove the machine is scientifically sound… if prosecutors prevail, the hearing could save one of the most powerful pieces of evidence in DUI trials… but if not, prosecutors may not be able to use alcohol breath test in DUI trials, making it harder to prove cases or get DUI pleads.”

As this blog has reported, the Intoxilyzer 8000 is not the only breath test machine under fire recently. Both Southern California DUI breathalyzers and Vermont breathalyzers have come under heavy fire this year.

The Sarasota case has some very interesting details. The defendant, Felicia Bridwell, is a 25-year-old who was stopped last August. She admitted to having consumed two glasses of wine – “one at dinner and one at home” and performed her field sobriety tests adequately. But her Intoxilyzer results measured her BAC at 0.10% – greater than the 0.08% that marks the cut-off for Southern Florida and Southern California DUI. Her reaction was astonished and nonplussed: “Are you serious? Are you serious? I didn’t pass the test?”

Now, of course, just because certain breathalyzer tests are faulty doesn’t mean that no one drives DUI. It just means that the tests may be far more flawed than most people realize. Depending on whether you have certain diseases or conditions; whether you blow hard or soft into the machine; whether the machine is properly calibrated; and probably dozens of other factors, your reading may be higher or lower than your actual, real world BAC level.

Who knows how this campaign to demand accountability from our breathalyzer machines will end? Clearly, we need two things:

1. A way for authorities to better analyze BAC readings, so drivers get treated more fairly.
2. Creative, sensible solutions to eliminate or at least limit bad and dangerous driving behaviors.

These two aims may not be exclusive.

On the practical side, a Los Angeles criminal defense attorney, such as Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can give you clearheaded, strategically sound advice about how to build your Pasadena DUI defense. Mr. Kraut has the experience, track record, reputation, and compassion to meet your needs.

May 13, 2011

Los Angeles DUI for Rick Springfield: “Jessie’s Girl” Crooner Stopped in Malibu in His Corvette

by Michael Kraut

Last Sunday, while the entire world and possibly part of our space was focused on the breathtaking mission in Pakistan that resulted in the killing of Osama Bin Laden, some critical celebrity Los Angeles DUI news occurred that’s only just beginning to nab the attention of the blogosphere. Rick Springfield, the rock singer best known for his 1980s hit “Jessie’s girl,” was stopped around 8 o’clock in the evening on the PCH in his 1963 Corvette. Per a press release from the LA Sheriff’s Department, Springfield blew a breathalyzer test result of 0.10% BAC – as our readers know, any BAC reading of 0.08% or above can constitute DUI in Los Angeles, Burbank DUI, Glendale DUI, Pasadena DUI, etcetera.

According to a Los Angeles Times article on the story: “Sheriff’s deputies pulled over the soap-actor-turned-crooner in his 1963 Corvette around 8 pm, making the traffic stop near Pacific Coast Highway and Trancas Canyon Road… it was unknown what Springfield did that caught the deputies’ attention.”

After being arrested and brought to the Malibu/Lost Hills police station, the singer paid out a $5000.00 bond and secured release at 2 in the morning. (Incidentally, this was the same police station where Mel Gibson was held after his notorious anti-semitic rant and DUI in Malibu experience five years ago.)

Students of Los Angeles DUI law understand that different California vehicle code sections can apply, depending on the nature and circumstances of your arrest. Typically, traditional misdemeanor DUIs are charged pursuant to California vehicle code sections 23152(a) and 23152(b). But DUIs with injury can be charged according to two similar sounding but ultimately very different sections – 23153(a) and 23153(b). Even though there’s only one number different – a 3 instead of a 2 – do not be fooled! An injury DUI can result in the elevation of a misdemeanor charge to a felony count. Convicted felons can face significantly more jail time and higher penalties – they can also lose the right to franchise (vote) and have a much harder time re-acclimating to normal society after a prison sentence.

You don’t need to do serious bodily injury to another person to get a hit with a 23153(a) or 23153 (b) charge, either. That’s why it is so important – whether you hurt someone or not – to talk to an experienced Los Angeles criminal defense attorney about your strategic possibilities.

The Kraut Criminal & DUI Lawyers’ Michael Kraut (based in Los Angeles at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide calibrated, intelligent strategic advice. Mr. Kraut understands prosecutors because he actually was one of them – for 14 plus years. He is a Harvard educated attorney who often appears on the media to discuss Los Angeles DUI matters (e.g. New York Times, Fox News, KTLA, etc). Mr. Kraut can work with you to devise and follow through on an appropriate defense.

April 27, 2011

Beverly Hills DUI Lessons – Tampa Bay Buc Exec’s DUI May Hold Lessons for How to Contain the Problem

by Michael Kraut

Analysts and policy experts who look at the problem of driving under the influence in Beverly Hills (and elsewhere in the Southland) often examine data on a surprisingly superficial level.

In other words, it’s often a “quick fix” game – blame the driver, and get on with it. But a breaking story out of Tampa Bay suggests that, whether you’ve been arrested for DUI in Pasadena, Glendale DUI, Los Angeles DUI, DUI in Burbank, or DUI wherever else, you may have more than yourself to blame.

Not convinced? Read on…
37-year old Jayson Kaiser, an Assistant to the Head Coach of the Tampa Bay Buccaneers, got pulled over for DUI last Wednesday. There was nothing particularly newsworthy about the arrest, other than the fact that Kaiser works for the Bucs. News reports say that Kaiser had been driving a 2006 Hyundai when officers stopped him on West Osborne Ave. Kaiser exhibited a lot of signs that are typically associated with Beverly Hills DUI – such as slurred speech, bloodshot and glassy eyes, and odor of alcohol on his person. He said he hadn’t been drinking, and he refused both field sobriety and breathalyzer tests.

Kaiser’s car was impounded, and he was held on a bail of $500. A spokesman for the Bucs, Jonathan Grella, told reporters “we aware of matter and are in the process of reviewing it internally.”

So, Kaiser’s arrest is pretty standard stuff – nothing that regular readers of this blog haven’t read about a million times. But what’s interesting here is that, according to reports, Kaiser is actually the THIRD member of the front office/coaching staff of the Bucs to be arrested in one calendar year. In March, Shelton Quarles, a pro scouting coordinator got tagged with DUI. Last September, an Assistant Offensive Line Coach, Chris Mosley, got tagged for DUI. So, 3 DUIs on the staff within one calendar year! Is that a coincidence? Statistically, it certainly could be.

But it also suggests that potentially something culturally is going on here. Maybe the Bucs’ front office culture is “giving the green light” to driving under the influence somehow. This doesn’t mean that the men who got arrested shouldn’t have been more careful — or should somehow be exonerated because of the social influence factor.

But it does suggest that, if we really want to get to the heart of what causes motorists to drive DUI, we need to look beyond “blaming the individual” and examine the cultural influences that may be the root causes. The thinking is: if we can change what’s going on culturally, we may be able to tamp down on the number of arrests – and make our roads safer.

If you or someone you care about has been recently charged with the crime of driving under influence in Beverly Hills, a Los Angeles criminal defense attorney can be a crucial guide. Connect with the Kraut Criminal & DUI Lawyers in Beverly Hills at  9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. As a former prosecutor, Mr. Kraut has many connections and an in-depth knowledge and understanding of the Los Angeles prosecutors who will be working your case. Mr. Kraut is a Harvard Law School educated lawyer who is often called upon by media organizations like The New York Times, The Los Angeles Times, KTLA, and Fox News to provide his insights into breaking news in the Los Angeles DUI arena.

March 25, 2011

Los Angeles DUI Law Ineffective? Sacramento Bee Questions Wisdom of IID Law

by Michael Kraut

As this blog reported many months ago, the world of Los Angeles DUI got shaken up significantly last year when a pilot program went into effect in Los Angeles, Sacramento, Tulare, and Alameda Counties that mandated that convicted DUI drivers install ignition interlock devices (IIDs) in their vehicles – even for first time DUIs. These “test counties” have demonstrated surprisingly lackluster results, according to a Sacramento Bee analysis published last Monday.

Before we dive into the analysis, let’s recapitulate what this law mandates, so that if you or someone you care about has been pulled over for driving under the influence in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, you will understand a little bit more of what’s at stake.

The law – champion by Mike Feuer, a Democratic assemblyman from L.A. — requires DUI convicts to install a breathalyzer-like device called an ignition interlock device in his or her automobile for five months. Until if you blow a “sober” breath into the device, you can’t start your car. The IID should, at least theoretically, thus prevent recidivist (repeat) Los Angeles DUI drivers from endangering themselves and others on the road.

Unfortunately, statistics suggest that the DUI law is not working as planned. Since its incipience, over 13,000 people have been convicted of DUI in the test counties. But California officials confirm that just 1,335 of these convicted drivers got IIDs in their vehicles. Some experts believe that many convicts might be driving illegally – without an IID or even a valid driver’s license.

Assemblyman Feuer is not oblivious to the problem. The Friday before last, he admitted that it may be time to assess the efficacy of the law: “lives are at stake… it’s extremely important we implement this properly.”

From a policy standpoint, we can draw a lesson here. Sometimes solutions that seem “extremely obvious” lead to weird consequences. The cure can be worse than the disease.

This isn’t to say that the Los Angeles DUI program can’t be somehow rehabilitated or made to be more effective – just that policy makers need to have a certain amount of humility and need to rely more on data than on emotion when constructing creative solutions to make our roads safer.

From a practical point of view, if someone you care about has been charged recently with a crime like DUI, a Los Angeles criminal defense attorney (such as Michael Kraut, a Harvard Law School educated former prosecutor who has offices at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide crucial advice. Build a better defense by connecting to a knowledgeable, results proven (99% success rate at jury trials) lawyer now.

March 9, 2011

Los Angeles DUI Bloggers Note Explosion of Baseball Related DUI Arrests

by Michael Kraut

Austin Kearns, a Cleveland Indians outfielder charged with DUI few weeks ago, will appear in Jessamine County District Court on March 10th: those who follow Los Angeles DUI news have noticed that major leaguers like Kearns, Miguel Cabrera, and Coco Crisp have all been snagged by DUI charges recently. Is this a wakeup call for the MLB?

Here’s the reality: celebrities and sport stars appear to be treated differently when they get arrested for DUI in Burbank, DUI in Pasadena, Glendale DUI, and DUI in Los Angeles. But the law — at least in theory! — affords the same exact legal resources to all defendants. Some MLB analysts have pointed to Kearns’ arrest — and his reaction to being pulled over – as indicative of a “holier-than-thou” attitude some celebrities take when they get caught doing illegal acts.

Irrespective of whether that’s true or not, here are the key details about Kearns’ stop:

• Police in Jessamine County pulled the 30-year-old outfielder over on February 12th at around 2:30 in the morning on Golf Club Drive.
• Kearns allegedly had been driving down an emergency road without his headlights on, and he was weaving all over.
• The Deputy Sheriff noted that Kearns “smelled of alcohol and had slurred speech” and “was very unsteady on his feet and leaned against the vehicle to steady himself.”
• Kearns refused to take field sobriety tests, and he refused to take a breathalyzer test.
• In addition to his DUI charge, Kearns faces a charge for failing to keep up his insurance.
• He paid $100 on a $1000 bond to get released from jail.
• The report alleges that Kearns admitted that he had drunk “a couple of bourbons and cokes” and that he asked the officer to “cut him a break.”
• The Cleveland Indians released an official statement last Tuesday saying that the team was aware of the arrest and that the club “take(s) these issues very seriously and is disappointed about the circumstances.”

One point we’d like to look at more: Kearns refused to take a breathalyzer test. What exactly ARE Los Angeles DUI breathalyzer tests? And are they as reliable as most people believe?

Breathalyzers are portable contractions that use chemical tests to gauge the concentration of ethanol alcohol on the breath. In theory, the technology is both simple and brilliant. A suspect simply blows into a tube, and the breathalyzer spits out a reading saying whether not you are DUI in Los Angeles or not (for a standard misdemeanor arrest, the cut off line is 0.08% BAC).

Unfortunately, breathalyzers are surprisingly unreliable. They don’t distinguish between men and women, for instance, and men and women process alcohol differently. The degree to which you blow into the machine can also have a profound effect on the reading. If you blow too much, you will register a BAC higher than you might actually have, for instance. Also, chemicals on your breath (such as ketone bodies that diabetics produce) can tilt the readings as well and can lead to false positives.

A Los Angeles criminal defense attorney, such as Michael Kraut of LA’s Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you address your DUI charges effectively. With a Harvard Law school education and a 99% success rate at jury trials, this ex-prosecutor will exceed your expectations.

February 16, 2011

Glendale DUI Ridiculousness – Woman Gets DUI after Pulling Herself over for No Reason

by Michael Kraut

Most major news stories concerning driving under the influence in Glendale have a sober and even tragic tone about them. This blog has certainly covered tales of celebrities ruining their careers while driving DUI in Burbank, DUI in Pasadena, DUI in Glendale, or DUI in Los Angeles. It’s also discussed the implications of vehicular manslaughter and even DUI murders (also called Watson Murders). But in addition to the tragic stories that unfold every day across the nation, unintentionally hilarious situations also emerge.

A case in point: A small Ohio paper called the Sandusky Register is reporting on a totally bizarre DUI case in Perkins Township.

Apparently, 27-year-old Nicole Scott had been driving home when she saw what she believed to be flashing police lights. She dutifully pulled herself over. But she then quickly realized that the “police lights” were just lights to a nearby sign for Skate World. Unfortunately, by this point, her Dodge Avenger had become mired in a snow bank.

By the by, police officers arrived at the scene and found Ms. Scott sitting alone in her car, still intoxicated. We will quote the Sandusky Register to give you the blow by blow from here:

“She denied being the driver of the vehicle and said her friend Ray had been driving, but he ran off. Scott refused a sobriety test because she insisted she was not the driver. She proceeded to tell police that her friend Samantha had been driving, and later that her friend Courtney had been driving. Finally, she said her friend Brittany had been driving, according to police.”

Unsurprisingly, the cops did not buy her multiple conflicting stories – and they also took notice of the empty bottle of Michelob Ultra in her car – and that there were only a single set of footprints around her vehicle – and arrested her.

When police pull you over – for a suspected Glendale DUI or DUI anywhere else in the state – they will typically look for signs that you are under the influence of a narcotic or alcohol. One of those signs might be telling the police five different stories about where you have been. Another might be that you have an open container of alcohol (like Michelob Ultra). If you smell like alcohol, mumble, stumble, or fumble, demonstrate poor motor skills or driving skills, or look disheveled, bloodshot eyed, or otherwise bizarre, chances are these Glendale DUI symptoms may get you arrested.

Fortunately, you do have legal recourse. A qualified Los Angeles criminal defense attorney, such as former prosecutor Michael Kraut of Kraut Criminal & DUI Lawyers (offices in Glendale at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can deliver crucial services.

As a recognized thought leader in the Los Angeles DUI community, this Harvard Law School educated former prosecutor (14+ years working for the city) has a peerless reputation for delivering great service, compassionate advice, and strategic guidance.

February 14, 2011

Burbank DUI Drama: Young and the Restless Star Nabbed for DUI on L.A. Freeway – Does Anyone Care?

by Michael Kraut

Last week, Lindsay Lohan’s grand felony theft charge (which this blog covered at length in a previous post) consumed nearly all the oxygen in the Los Angeles DUI blogosphere. Jaime Presley’s DUI drama snatched up the dregs. (As this blog also covered recently, the “My Name is Earl” actress filed for divorce just weeks after her January arrest, prompting some to speculate that the DUI sparked her divorce – a rumor she quashed in no uncertain terms late last week.)

But out of all the Burbank DUI, Los Angeles DUI, Pasadena DUI, and Glendale DUI arrests made last week, one celebrity bust was given surprisingly short thrift by the news media and blogosphere: Kristoff St. John, a long-time star on the soap, The Young and the Restless, was pulled over on the freeway last Sunday at 1:30 a.m. and booked on a DUI charge.

The ever-vigilant celebrity watchdog website TMZ.com reported that St. John spent all Sunday behind bars before finally making his $5,000 bail. Officers pulled him over after they saw him speeding. The 44-year-old St. John apparently did “poorly” on his field sobriety tests.

St. John started his role as Neil Winters on The Young and the Restless way back in 1991 – 20 years ago – and actually got his start in the entertainment business when he was just 7, in a short-lived sitcom called That’s My Mama.

Burbank DUI field sobriety tests – similarly to the ones that St. John apparently failed – can trip up many motorists, even motorists who have consumed not a single drop of alcohol. This assertion may sound farfetched at first. But it will resonate as more rational, once you learn a little bit more about what the field sobriety tests (FSTs) actually are and how they work.

Officers who suspect a motorist of DUI in Burbank will subject him or her to physical and mental examinations on the side of the road. You’ve no doubt seen depictions of these tests on TV and at the movies. They include the horizontal gaze nystagmus test, the finger to nose test, the one-leg stand test, counting backwards test, reciting the alphabet backwards test, and walk the line test.

Essentially, the officer wants to know whether the suspect has any coordination problems – either physically or mentally. Unfortunately, these tests tend to yield “false positives.” For instance, say you’re not a coordinated person — or you get vertigo from the anxiety associated with your DUI stop. You may not perform well on your FSTs, even if you’re completely sober.

Conversely, someone who IS actually DUI might perform brilliantly on FSTs. For instance, a trained gymnast who spends her day walking on a balance beam might perform quite well on the “walk the line test” even if she had a BAC of more than twice the California legal limit of 0.08%.

The general lesson here is that, if you’ve been pulled over recently, you should talk to a qualified Los Angeles criminal defense attorney about what steps to take next. Michael Kraut of the Kraut Criminal & DUI Lawyers (located in Burbank at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can provide crucial strategic guidance. Attorney Kraut is a former prosecutor (nearly a decade and half spent as a Senior Deputy District Attorney for Los Angeles) and a media analyst trusted by major news media, like CNN and the New York Times, to provide commentary on breaking Los Angeles DUI news stories.

February 9, 2011

Burbank DUI Celebrity News Update: “You’re Cut Off!” Star Snagged for DUI in West Hollywood

by Michael Kraut

Jennifer Jowett, a wealthy socialite featured on the VH1 series You’re Cut Off! was arrested for driving under the influence in West Hollywood the night of the show’s premiere just a block from her house, according to gossip website TMZ.com. Jowett and the show’s host, life coach Laura Baron, had gotten into a heated disagreement prior to the DUI arrest. One promo clip shows Jowett throwing a garbage can at the hostess and pushing the cameras away while launching into an expletive-laden tirade.

If you have recently been tagged for DUI in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, odds are that some of your friends, relatives, and co-workers have lumped you in with out-of-control celebutantes like Jowett.

You may feel like this judgment about your character is premature and unfounded. After all, while the popular press loves to report on the “nervous breakdowns” of attractive, histrionic, wealthy women like Jowett, real Burbank DUI defendants tend to be far more diverse.

Some DUI offenders are recidivists – that is, they repeat their bad behavior.

Others simply make a one-time mistake.

Still others are unfairly charged.

There is yet another category — one that’s rarely discussed in the media – and that’s people arrested for driving under the influence of drugs.

A Burbank drug DUI would be charged under California Vehicle Code Section 23152 (a) – the same CVC code that applies to driving under the influence of alcohol. You need not be under the influence of some exotic and illegal narcotic, like cocaine, heroin or “Special K,” to face a CVC Section 23152 (a) charge. Indeed, if you operate a vehicle while on standard prescription medications, such as Oxycodone or Vicodin, or even certain over-the-counter medications, you can face charges. An officer will likely not give you a breathalyzer test, since the breathalyzer only picks up the chemical signature of ethanol (alcohol). That said, you could be asked to take a blood and/or urine test.

If convicted, you could face a variable rainbow of penalties, including license suspension, jail time, probation, and fines and fees. On top of that, you will face secondary consequences, such as hiked up insurance rates.

Fortunately, you don’t have to execute your own legal defense. A proven and compassionate Los Angeles criminal defense attorney can be enormously helpful in either plea bargaining down your charge or working to get it wiped out completely.

Michael Kraut of the Kraut Criminal & DUI Lawyers — located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) — is a fantastic resource for new defendants. Whether you are confused about your rights or overwhelmed by the potential penalties you face, get in touch with this Harvard Law School educated former prosecutor today to come up with a success-oriented defense strategy.

February 2, 2011

Glendale DUI Smorgasbord: A Bevy of Athletes Arrested for DUI

by Michael Kraut

Sports celebrities arrested for driving under the influence in Glendale often don’t get as much press as DUI actor celebrities, like Nick Nolte, Lindsay Lohan, Mel Gibson, and the like. But you might be surprised by the sheer number of sports stars recently been pulled over for DUI in Los Angeles and elsewhere. This post will take a look at four different athlete DUI arrests… that happened just last week!

If somebody you care about was recently charged with Los Angeles DUI, Burbank DUI, Glendale DUI, or Pasadena DUI, this post may help you in an additional way by giving you a resource to defend against charges.

First, let’s set our sites on Oklahoma, where wide receiver Kenny Stills and safety Tony Jefferson (both football players for Oklahoma) got arrested last Saturday morning within 20 minutes of each other. The WR Stills set several records as a freshman last year – including 61 passes caught, five touchdowns, and 687 yards. Jefferson was less decorated but certainly a good player last year – he got two interceptions, two sacks and 65 tackles.

Meanwhile, elsewhere in OK — in Tulsa County, more precisely — the boys basketball coach for Booker T. Washington, Shea Seals, got arrested last Sunday for driving under the influence. His team, the Hornets, are 11-0. Seals himself was named State Coach of the Year in 2010. Coach Seals has been suspended from both coaching and teaching pursuant to his DUI arrest.

Lastly, in Florida, Ozzie Canseco was arrested on the 15th of January for DUI in Florida. Like his twin brother Jose, Ozzie was a Havana-born baseball phenom. He appeared in the Surreal Life as “his brother’s double” and has also been arrested prior on charges of driving on a suspended license, steroid possession, and aggravated battery.

So with all these arrests, you might have questions about how police look for symptoms of Glendale DUI and DUI elsewhere – among sports star suspects and others.

Essentially, during and after a stop, an officer will search for symptoms such as: smell of alcohol around you, incoherent or slurred speech, falling over, fumbling with your wallet, bad driving or motor skills, disheveled appearance, slow or incoherent responses to questions from the officer, and eyes that are bloodshot or watery.

On the surface, identifying DUI suspects based on the aforementioned list of symptoms makes total sense. The problem is that these “symptoms” may mislead. For instance, say you are an overweight and unkempt person. You may appear to the police officer to look disheveled and uncoordinated, even if you are nothing of the kind. Likewise, say you had spent a long night studying at the library. Now your eyes are glazed over and bloodshot from reading books or your laptop. A police officer might not know this and might just think that you’re under the influence.

The problems get highlighted when people are borderline DUI. For instance, maybe you had two or three drinks at a party and then got behind the wheel and then got stopped by a police officer. While in fact you were not DUI, you did consume some alcohol. So if you exhibit any “symptoms,” the officer may just automatically assume that you are DUI.

By the way, conversely, you can be DUI and not exhibit DUI symptoms. For instance, someone who has had a lot of “practice” drinking may be able to maintain his balance relatively well or recite the alphabet backwards or touch his fingers to his nose. But just because he passes a field sobriety test or doesn’t exhibit “symptoms” does not necessarily mean he is not DUI.

All of this is to say that things can get very complicated very quickly. A Los Angeles criminal defense attorney like Mr. Michael Kraut can be a tremendous ally and strategic resource. Mr. Kraut’s Glendale offices are located at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123.