DUI Near USC or UCLA

June 17, 2013

How Does Your Los Angeles DUI Compare to the Following?

After consuming 15 beers, 28-year-old Kile Wygle, of Newark, Ohio, hopped onto a motorized bar stool that he had made himself out of a deconstructed lawnmower.

Unsurprisingly, he crashed.

Wygle’s friend called 911 and told police “I got a friend who wrecked a bar stool.” The dispatcher at first was confused and thought Wygle had hit his head on a bar. The friend said, “no, he was riding the bar stool … a motorized bar stool.”

Wygle had to go to the hospital for minor injuries. After the crash, he told a reporter “I drank quite a bit after I wrecked.” He also told police that his homemade contraption could reach speeds of up to 38 miles per hour.

Whether he overestimated his vehicle’s capacity or not, his statement indicates that he knew that the stool could be dangerous. Had he ridden it on an open road, he could have hurt other people.

Unfortunately, when you’re young — and trying to impress friends with a homemade, motorized gizmo — safety may not be at the top on your list of concerns. But you can still land a serious DUI charge, even if what you’re driving does not technically look like a car or truck.

Most Los Angeles DUI charges are relatively “boring” — they involve stops at checkpoints and commonplace violations of California Vehicle Code Sections 23152 or 23153. Perhaps your situation was more “exotic” than the standard DUI. Maybe you were at a UCLA or USC frat party. Some “new wild friends” got you to drive up to the Hollywood sign, but you drove your car into the woods and got stuck on a hiking trail – something like that.

No matter how ridiculous (or pedestrian) your charges are, you need two forms of clarity.

#1. Get Clear on Where You Are Now
What charges do you face? What might your punishments be? What options you have to deal with your legal crisis? etc.

#1. Get Clear on Your Ideal Outcome
Given the realities of your situation — from a best case scenario — what could you expect? How can you make that positive outcome occur?

While you’re certainly free to try to figure out the answers to these questions on your own, that’s not a particularly savvy strategy. Consider connecting with a Los Angeles DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor who retains very good relationships with his former prosecutorial colleagues… as well as with judges, police officers and other members of the Southern California legal community.

June 10, 2013

Glendale DUI Blockbuster – Massive Software Glitch Puts Hundreds of AZ DUI Cases at Risk!

by Michael Kraut

As our regular Glendale DUI blog readers know, the system by which DUI suspects get pulled over, investigated, arrested, and prosecuted is – shall we say – less than perfect.

We all collectively assume that the situation isn’t “that” out of control. Sure, perhaps breathalyzer tests aren’t perfectly calibrated. Perhaps the occasional Glendale DUI suspect suffers violations of his or her Constitutional rights. But, by and large, the system works well.

Maybe we need to reconsider such assumptions!

Why?

For evidence, look to our sister state of Arizona. An error at the Scottsdale crime lab in Scottsdale Arizona may have put hundreds of DUI cases (stretching back to 2009) in jeopardy of being overturned. You read that right: hundreds.

According to a local attorney, Craig Rosenstein of the Rosenstein Law Group, the software that measures the blood alcohol test of suspected Scottsdale DUI drivers is glitchy – in a big way.

This attorney claims that this glitch has led to being people being wrongfully convicted, and many more could be wrongfully arrested/convicted unless the problem gets resolved.

The local police department, for now, is standing by the software and its crime lab. A spokesperson told reporters “We have met or exceeded the rigorous standards set by the American Society of Crime Lab Detectors.”

The Scottsdale Police will soon confront the accusations in Superior Court.

Do you believe that your Glendale DUI was a mistake? If so, you might feel deep pangs of sympathy for Christy Allen Lee, a single mom of two, who was wrongfully arrested for DUI. Lee told reporters “[the night of the arrest, I was] talking business, shared one bottle of sake, and I didn’t drive until four hours later.”

But when the police pulled her over, her blood test came back showing she had a BAC of nearly twice the legal limit (both Scottsdale and Glendale DUI legal limits are 0.08% BAC).

Lee recounted her harrowing ordeal: “I sat up all night panicking. Here I am, single mom of two, barely getting by as it is, now I’m charged with something I didn’t do. Pretty terrifying.” Not only did Lee spend thousands of dollars out of pocket fighting the charges, but she also lost her job.

Of course, it’s impossible to weigh in on this situation without closely examining the evidence (pro and con) regarding the alleged glitch. But the story does lead into a topic we’ve addressed on this Glendale DUI blog multiple times. And that’s that defendants often put way more faith in the so-called “objective” evidence of their DUIs than the evidence merits. (We’ve spilled a tremendous amount of virtual ink discussing the limitations of breathalyzer tests, for instance.)

Unpacking the truth about your Glendale DUI

For help understanding what really happened during your Glendale DUI arrest, get in touch with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today. Mr. Kraut is not only an ex-prosecutor (he served 14 plus years as a Senior Deputy District Attorney), but he is also a widely respected figure in the Los Angeles criminal defense community, and he has appeared as a guest authority on DUI for the Los Angeles Times, KTLA News, and the New York Times.

June 7, 2013

DUI in Los Angeles News of the Weird (Part III)

by Michael Kraut

In this Los Angeles DUI blog’s last homage to Funny Or Die’s October 5, 2010 article, “The 6 Weirdest DUI Arrests Ever Made,” we’re going to take a look at two more crazy cases and extract general lessons from them.

Weird DUI #5: Russian soldier, under the influence, smashes a tank through a villager’s home.

At first blush, this story seems to be some kind of anti-Soviet propaganda. But apparently it happened.

June 5, 2013

DUI in Los Angeles News of the Weird (Part 2)

by Michael Kraut

Getting caught for driving DUI in Los Angeles is no fun.

But it is somewhat amusing – or at least educational – to read about “weird DUI stories.” Here are two more stories culled from a Funny or Die article (“the Six Weirdest DUI Arrests Ever Made,” published October 5, 2010)

Weird DUI #3: Driving under the influence in a wheelchair nets British man a DUI under obscure Victorian Law
As you probably recall from our last post, police in England (at least) will ding you for DUI, even if you’re driving slower than a pedestrian walks in a souped-up electrical Barbie car.

Our stern friends across the pond also saw fit to charge a disabled man from Darlington with “being drunk in charge of a carriage,” after a local authority saw him joyriding on his electric wheelchair, towing his friend behind him.

Nigel Drummond had been “racing” through the streets of his local town at 8 miles per hour, when a surveillance camera saw him weaving all over the road. Although scooters like his do not officially count as cars, an out of control or weaving vehicle is still a hazard to other vehicles and pedestrians. A local Darlington police officer, Kevin Salter, said of Drummond “he was very drunk.” His fine was nominal – 65 pounds and a six month conditional discharge.

Weird DUI #4: A man named Donald Duck arrested for DUI.

You’re no doubt familiar with the most famous Los Angeles DUI cases — e.g. Nick Nolte’s, Lindsay Lohan’s, Mel Gibson’s, Jim Toth’s, etc. But did you know that cartoon characters apparently can also get arrested for driving under the influence in Los Angeles (and elsewhere)?

Well, not quite.

But a recidivist offender, 59-year-old Donald Duck, actually did get arrested for DUI out in Massillon. Police say Duck was in a drive-through pizza line, when he rammed the car ahead of him multiple times. Police arrested Duck not only for DUI but also for possessing marijuana and for offenses related to drug paraphernalia.

Donald Duck, the man, obviously has one thing in common with Donald Duck, the cartoon character – a wicked temper.

Putting your Los Angeles DUI arrest in context
The Los Angeles criminal defense team here at the Kraut Criminal & DUI Lawyers is standing by to help you appreciate the nature of your charges and put together an appropriate, systematic defense to them. Mr. Kraut is not only a widely respected authority on the topic of Los Angeles DUI – his commentary has been featured in the Los Angeles Time, KTLA, Fox News, CNN and other places – but he has also won the respect of the local judges and prosecutors. Mr. Kraut is a former prosecutor himself – he served nearly decade and a half as a Senior Deputy Sixth District Attorney.

May 29, 2013

Pasadena DUI Quiz (Part I) — 10 Cases (Made up or Real)?

by Michael Kraut

Pasadena DUI arrests can get dramatic and colorful. But you probably think you can “tease apart” fact from fiction. Well, let’s test your mettle. Here are 10 DUI items – 5 of which are made up, 5 of which actually happened. What’s true? What’s made up? (Answers are at the bottom).

Good luck!

1. Waxwing birds became wickedly intoxicated, after they ate fermented Scandinavian berries. Dozens of these perished as they “flew DUI” into local windows.

2. Two men in England broke into a dolphin sanctuary and wrestled down a dolphin and road it around while under the influence of alcohol. Local police in Kent arrested them and charged them with the local equivalent of DUI.

3. A hipster unicyclist in Brooklyn intentionally consumed an entire bottle of Vodka before performing a street act on his unicycle on a busy street. Several police officers watched him do this. Instead of arresting him, they clapped and cheered with the other passersby.

4. A man commandeered a Christmas float while under the influence of alcohol. He smashed into a second float, battled officers, and hit another float before police apprehended and arrested him. In addition to DUI, he got gobsmacked with three dozen criminal charges.

5. As part of a hazing prank, 12 freshman rushes at a University of Mississippi frat crammed into a Dodge Dart. Police saw the swerving vehicle on a local campus road and pulled it over. The unlucky freshman driver had a BAC of 0.38% — over 4.5 times the legal limit for DUI in Pasadena.

6. In Uruguay, it’s legal to drive under the influence of alcohol. In several other countries, the offence is a capital crime. Unlike here in Southern California, where a Pasadena DUI without injury is generally a misdemeanor, in some parts of the world, you can literally be put to death for DUI driving.

7. Nearly 20% of all currently serving members of the United States Congress and Senate have, at one point in their lives, been charged with driving under the influence.

8. The term “Three sheets to the wind” was coined by Teddy Roosevelt. When the ex-President toured the Amazonian jungle, he witnessed native tribesmen play a drinking game with three colorful sheets. The rest is history.

9. In Virginia beach, Virginia, if you let someone else drive your car while that person is under the influence, you can get a DUI charge, too, even if you were just standing and watching!

10. For reasons that scientists have yet to understand, lefties are far less likely than righties to get arrested for DUI, even accounting for the fact that there are fewer lefties in the population.

Need help with your Pasadena DUI defense? If so, connect with the Kraut Criminal & DUI Lawyers today. Attorney Kraut is an ex-prosecutor and Harvard Law School educated attorney with a fantastic track record for helping clients like you put up a robust defense.

1. T 2. T 3. F 4. T 5. F 6. T. 7. F 8. F 9. T 10. F

May 24, 2013

Los Angeles DUI Charges for Comedian Kevin Hart – “This Is a Wakeup Call”

by Michael Kraut

Thirty-two-year old comedian Kevin Hart (“Laugh at My Pain”) was arrested on suspicion of Los Angeles DUI on the 101 last Sunday morning. Kevin%20Hart%20DUI-los-angeles.jpg

According to local reports, a CHP officer pulled over Hart’s black Mercedes, after the officer saw Hart driving at over 90 miles per hour – nearly smashing into a tanker truck in the process.

Mr. Hart was put through the paces of a Los Angeles field sobriety test, which he allegedly failed. Police arrested him for misdemeanor DUI, and he posted a $5,000 bond that day. A female passenger in the Mercedes went home in a taxi cab. Hart took to Twitter the day after his arrest with a mea culpa: “this is a wakeup call for me… I have to be smarter & last night I wasn’t. Everything happens for a reason.”

Hart’s arrest prompted snarky responses from fellow comedians, including Damon Wayans. The actor has appeared in multiple movies as well as the TV show, Undeclared.

Driving DUI in Los Angeles

While Hart’s attempt to “come clean” and express regret for what happened is in many ways admirable, prosecutors take Los Angles DUI charges deadly seriously. After all, driving under the influence increases your risk of getting into injury crashes and causing substantial damage to public and private property. The city and state both have great interest in reducing DUI incidences, and violators can be punished with a spectrum of unpleasantries, including jail time, fines, fees, miscellaneous court costs, mandatory interlock ignition device installation, and harsh probation terms. Those punishments don’t even touch on the other scary long-term implications.

A DUI conviction can make any subsequent criminal act much more “punishable” – prosecutors like to bring the hammer down harder on recidivist offenders. It can also spike your insurance rates and damage and disrupt relationships.

The road back may not be easy, simple, or fast. But there are correct strategic paths and less effective ones.

The team here at the Kraut Criminal & DUI Lawyers is extremely experienced at helping drivers like you understand and come to terms with charges and make intelligent decisions going forward. Get in touch with the Harvard Law School educated ex-prosecutor Kraut today for insightful assistance with your DUI in Los Angeles.

May 22, 2013

Criminal Charges for Two Motorcycle Officers Who May Have Lied Under Oath about Los Angeles DUI Stop

by Michael Kraut

Breaking news in a story that has riveted the Los Angeles DUI defense community:

Two LAPD police officers, Phillip Walters and Craig Allen, face charges of falsifying a police report and perjury under oath. The officers were involved in a stop at Highland Park in 2010 as members of a DUI Task Force. A fellow officer, Cecilio Flores, saw a female driver go through two different stop signs, so he pulled her over. Flores said the woman had an odor of alcohol on her and bloodshot eyes – “classic” symptoms of Los Angeles DUI. He radioed Allen and Walters to help him with the stop. (This is technically known as a “hand-off.” In even more colloquial police terms, it’s called a “gimme.”)

Allen and Walters put the woman through a field sobriety test, booked her on charges, and took her to jail. Then Allen started up the paperwork… and that’s where all the trouble began.

According to prosecutor Rosa Alarcon, “[Allen] wrote that he was in the area when they pulled over the vehicle … he didn’t mention Flores.” Walters, for his part, testified at a DMV hearing that he saw the woman driving, when he didn’t.

Walters and Allen said that they both just made mistakes – they didn’t follow procedure correctly. But prosecutors countered that they committed perjury. After the two officers admitted to their errors, Charley Beck, the LAPD’s Chief, released this statement: “I do not believe that their intent was evil, just extremely misguided… the character of our organization is defined by the conduct that we condone. These actions were entirely unacceptable.”

Allen was fired from the force, and Walters remains on suspension from the LAPD. Interestingly – as Allen’s defense lawyer pointed out – “there was no motive… there was nothing to gain” from perjury
Who really knows what happened – why the officers did what they did. But the incident speaks to a broader point, which defendants charged with driving under the influence in L.A. need to understand: DUI arrests often get chaotic. Even observant officers can accidentally (or very occasionally, on purpose) mischaracterize what took place.

The key to building a sound defense, therefore, lies in your ability to examine all relevant evidence critically in context and respond intuitively and appropriately to the charges. That may sound like a tall order. Fortunately, you don’t have to work on this problem by yourself.

The team here at the Los Angeles’ Kraut Criminal & DUI Lawyers is standing by to assist you with your challenging legal situation and help you feel comfortable, focused, and motivated to fight back and move forward with your life. Attorney Kraut is an ex-prosecutor, whose opinions have been featured in the New York Times, Los Angeles Times, KTLA, and other big media.

May 15, 2013

Jury Doesn’t Give a Hoot about Hoot’s defense – Montana Man Convicted of 13th DUI. Burbank Repeat Defendants, Pay Attention!

by Michael Kraut

As someone who’s recently been arrested for driving under the influence in Burbank (or somewhere else in the Southland), you may be facing your second or third (or worse!) DUI charge within 10 years.

The California justice system is not exactly “soft” on recidivists.

As you probably already know, a Burbank DUI conviction – even a misdemeanor one, in which no one got hurt and no other crimes were committed – can lead to jail time, alcohol school, a year of license suspension, mandatory IID installation in your car or truck, humiliation, insurance problems, fines and fees, disruption to your life, and a criminal record.

As you rack up more and more Burbank DUIs (within a 10-year period), prosecutors can choose from a more diverse and brutal catalogue of punishments, including enhanced fines and fees, more jail time, longer probation, longer alcohol school, longer license suspension, and even special punishments.

To illustrate, let’s say you just got your third DUI charge. Under normal circumstances, you probably would only face a misdemeanor – perhaps a few days in jail, fines and a suspension. But because this is your third time, prosecutors could turn that misdemeanor into a felony charge. Now, if you’re convicted, you could face a year behind bars as well as the prospect of being forever stripped of key rights, such as your voting rights.

Convicted felons have a much harder lot in life – trouble finding employment, getting leases approved, and securing housing.

Consider all those consequences in light of a jaw-dropping story out of Billings, Montana.

A Yellowstone County District Court just convicted 54-year-old John Harvey Hoots of his 13th DUI. You read that right. That’s not a typo. Hoots was arrested on July 31, 2012, just six weeks after he had gotten out of prison, after serving a decade for his 12th DUI conviction.

Hoot testified that he was trying to escape from an angry neighbor, when police arrested him for DUI. According to multiple witnesses, Daniel Belmarez called police at 7 in the evening to say that Hoots had “dropped his pants to the ground and exposed himself …a second call to 911 was made about 15 minutes later by Belmarez’s mother, who said Hoots had returned and made a gesture indicating he had a gun.”

The police showed up, just as Hoots hopped in a pickup truck to take off. Police stopped him and arrested him, after discovering that he had a BAC of 0.20%. For those of you keeping score, that’s precisely 2.5 times the Burbank DUI legal limit, per California Vehicle Code Section 23152.

Hoots defense rested on “he said, she said” argument. Hoots said that Belmarez threatened him with a gun and that he had no choice but to flee in his truck. Hoots’ attorney asked him: “did you believe that if you didn’t leave their [presence] that Mr. Belmarez would cause you serious bodily injury and kill you?” Hoots replied that he did and that he was “very scared.”

Prosecutors rejoined that Hoot’s claim had no credibility. Even though evidence of his prior DUI convictions – the checkered criminal history – was not allowed, the jury still didn’t buy his story.

Obviously, we can’t really comment about the strategies involved, without delving into the details of the case. But the case illustrates something very important: To build an effective Burbank DUI defense, you need to be credible. Avoid “making stuff up,” not just out of fear of perjury but also out of respect for the law and a need for good ethics.

If you strategically approach your case the right way, you might be surprised by the amount of leniency the judge (or jury) might give you.

Of course, it takes skill and experience to build a strategic case. Fortunately, the Burbank DUI defense attorneys at the Kraut Criminal & DUI Lawyers have that experience, and they are standing by to take your call and help you feel more prepared about what’s going to happen to you next.

May 12, 2013

Beverly Hills DUI Legal Blotter: Big Fight Up in Seattle Over HB 2030 Could Portend the Future of Southland DUI Law

by Michael Kraut

Everyone who cares about the public good wants to stop Beverly Hills DUI recidivist drivers from getting behind the wheel while under the influence and harming others and/or themselves.

The big question is: How do we do that? How do we make our system more just and more equitable at the same time?

This debate is obviously not just a local concern. Across the nation, states and cities are wrestling with questions like these – trying to balance needs to keep roads safe and needs to protect individual freedom.

According to an independent analysis, 40,000 people get arrested for DUI in the state of Washington, annually. Most are first time offenders. But 13% are recidivists. As followers of this Beverly Hills DUI blog know, recidivist offenders can be subjected to ratcheted up punishments, such as longer time behind bars, more alcohol school, stricter probation terms, longer license suspension terms, and on and on.

Dan Satterberg, a prosecutor for King County, hopes that a new DUI bill, HB 2030, will reduce the number of DUI recidivists. He said: “I want to focus on repeat offenders, not try for everything for everybody.”

HB 2030 would create mandatory jail sentences for second and third offenders. A recidivist can get out of serving a six month jail sentence (on second offence) if he wears a special sobriety bracelet and enters a program that would immediately alert law enforcement if he consumes alcohol.

Third offenders would be hit with a year of jail sentence and given an ID card that would prevent them from buying or being served alcohol beverages for a decade. It would also impose a mandatory Interlock Ignition Device (IID) installation after the arrest, but before the conviction.

Washington State representative Roger Goodman of Kirkland heard concerns from critics that HD 2030 may be overly harsh on first offenders. The costs associated are also high, but Goodman says those costs will be funded not by taxpayers but by offenders.

Without looking at the details, what’s nice (at least from a theoretical point of view) is that this law would give offenders choice: jail time vs. wearing a bracelet that can detect alcohol through the skin.

According to Goodman, increased prison time is not the answer. Satterberg spelled out this change of paradigm in DUI prevention/punishment: “The thing now that’s most promising…is that people are talking about DUI because, frankly, the answer is not new laws but in the attitude.”

The ACLU has expressed dubiousness over the mandatory IID installation. The ACLU said that a judge should have probable cause first. Goodman said he took the ACLU’s consideration to heart and said he and fellow legislators would try to rewrite the law before April 28 to address those concerns.

As someone who has been recently arrested for driving under the influence in Beverly Hills, you need insightful legal guidance. Attorney Michael Kraut is a Harvard Law School educated ex-prosecutor with the talent, processes, knowledge and dedication to get you good results. Connect with Mr. Kraut’s Beverly Hills DUI defense team now to set up your free case consultation.

April 23, 2013

Al Michaels, Sportscasting Icon, Busted for DUI in Santa Monica

by Michael Kraut

If you’ve recently been arrested for DUI in Santa Monica, you have company — famous company. In particular: legendary sportscaster, Al Michaels, who was busted last Friday night, after he made an illegal U-turn right in front of a police manning a DUI checkpoint.

The officers quickly pulled over the Sunday Night Football play-by-play man and gave him a blood alcohol test. Curiously, he was right at the cusp of the legal limit – 0.08% BAC exactly. Apparently, he was extremely nice to the officers, and he cooperated. Nevertheless, they booked him on suspicion of DUI and held him behind bars for five hours before releasing him on his own recognizance. NBC Sports spokesman, Greg Hughes, said “we are aware of the situation and we have been in contact with Al…we have no further comment at this time.”

The Emmy Award winning sportscaster has a court date on June 26th.

Michaels is probably best known for calling the so-called “miracle on ice” hockey game at the 1980 Olympics (where the U.S. team underdogs triumphed over the Soviet Union) as well as calling Game Three of the 1989 World Series, which got interrupted by an earthquake.

Santa Monica Police Department’s public information officer, Sgt. Richard Lewis, recounted the events for the media: “[Michaels] makes an illegal U-turn in the business district…two officers see that. They are staged in a gas station lot, they see the illegal U-turn, and they go after him.”

Lewis said that, after they stopped him, they “smelled alcohol” and put Michaels through the paces of a field sobriety test.

The Santa Monica PD put out a news release on April 12 announcing a driver’s license/DUI checkpoint on Friday (at an undisclosed location), citing the fact that “over the course of the past year, traffic collisions involving impaired drivers/riders were involved in 91 collisions, which have killed 3 and injured 28 people.”

Figuring out what to do after your Santa Monica DUI arrest

Whether you got behind the wheel while returning from a day at the Pier and Promenade; or got stopped on Montana while coming back from a Hollywood exec’s private party, you’re anxious about your future. You want straight talk about what to do next.

Fortunately, Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is standing by to help you untangle your mess and give you sound strategic DUI defense advice. Get in touch with the former Senior Deputy District Attorney and Harvard Law School educated Kraut today to craft a resilient defense.