Articles Posted in DUI Punishment

If you’re tagged for driving under the influence in Long Beach one time or twice, your story likely won’t make the AP, TMZ.com, or any other high-profile media outlet. Unless, of course, there is something extravagant or strange about your arrest—you are a celebrity, a politician, you drove a lawnmower while DUI, you rode a horse on top of a camel on top of a pig while DUI, etc. Likewise, if this isn’t your first or second arrest but your 102nd, odds are great that you will make the national spotlight.long-beach-dui-multiple-arrests.jpg

Consider the news last week. In Westport, Massachusetts, a driver from East Falmouth scored his sixth DUI, and the arrest made regional news. In Missoula, KPAX TV is reporting a parallel story—a man who had five DUI convictions under his belt notched his sixth charge the weekend before last on Brooks Street. In Tennessee, Kyle Brasher, 27, of Franklin, Tennessee posted a bond after he was arrested for his fourth DUI.

The intensity of the alleged crime, as well as its eccentricities, combine to make a Long Beach DUI story “newsworthy” or not.

As a Los Angeles DUI lawyer would tell you, any charge of DUI in Long Beach is serious—whether it’s on the front page or just the local police blotter. But if your story is fascinating in some way, or if you are charged with a serious crime, such as a hit and run or fatal DUI, or if your BAC level is extremely high (0.50 and or above), or if you did something crazy after your arrest like punch a police officer or spit a breathalyzer test back in an officer’s face, then your story might get picked up by the blogosphere and the major media.

What to do if your Long Beach DUI story “goes viral”

It’s challenging enough to deal with an arrest for a scary, embarrassing charge like DUI in Long Beach, even if your arrest is low profile.

If your case is on the road to becoming “famous,” the quality of your representation will play an enormous role, not only in determining whether or not you are cleared of the charges and can get “back to normal” quickly, but also in terms of whether you successfully deal with the media and the negative attention. If you make inappropriate public comments, you could ratchet up your challenges ten-fold.

Dealing in Reality
You may regret what happened on the night or day of your arrest/accident. That’s a normal feeling—that’s human. Some regret, in fact, is healthy. But regret, in and of itself, can’t help you plan your next steps. You need clarity. What’s your current reality? What are your challenges? What are the charges against you? What are you doing to prepare?

You also need clear goals: what’s the best-case outcome for your case? How can you recover emotionally, financially, and legally? Lastly, you need the right strategies and outside help to bridge the gap between your current reality and your vision for success.

Let Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) help you discover an effective strategy for going forward. Attorney Kraut is a highly successful and well-respected Long Beach DUI criminal defense lawyer with a Harvard Law School background, and he served in the DA’s office as a prosecutor for more than 14 years.

Continue reading

The Long Beach DUI news was rather pedestrian last week—but not the DUI news out of Malibu. james_mee_mel-gibson-los-angeles-dui.jpg

No, Mel Gibson did not get arrested yet again for driving under the influence on the PCH. However, the deputy who arrested him that fateful night back in 2006 has won a settlement of $50,000 in a religious discrimination lawsuit related to the Gibson stop.

Deputy Mee is Jewish. Allegedly, Gibson ripped into him with anti-Semitic comments, after Mee pulled him over. According to a Fox News report, “Mee… claims his superiors forced him to remove the anti-Semitic comments made by the actor at the time from a report… he later received negative performance reviews and was denied promotion opportunities.”

The settlement marks a victory for Mee. Earlier, a judge doubted that he would be able to prove his case. The judge had said that Gibson and Los Angeles Sheriff Lee Baca would not be called as witnesses.

Gibson expunged his Los Angeles DUI conviction in 2009, after he served his sentence. His public persona was damaged, particularly because of the alleged anti-semitic tirade. In 2011, Gibson again made national headlines when his taped rants against his ex-girlfriend were released on celebrity blog sites. Gibson sounded totally unhinged and scary on those tapes.

As the Gibson story illustrates, the quest to put your Long Beach DUI behind you can be an elusive one.

You may find success in the short-term only to relapse and be rearrested for DUI in Long Beach a month or a year or 5 years later. And every time you get arrested or get into trouble with the law, you are more likely to face steep fines and punishments.

As your Los Angeles DUI attorney will tell you, first-time offenders for misdemeanor DUI charges can face a large number of penalties (jail time, mandatory alcohol school, CA driver’s license suspension, major court costs and fines, etc). But these penalties pale in comparison to penalties for repeat offenders. For instance, if you commit three more DUIs within a 10-year period, your simple misdemeanor charge can get transformed into a felony charge. If convicted of that, you could face over a year in jail and other harsh punishments.

Long Beach DUI criminal defense attorney
Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) will help you work through your struggles and develop the most reasonable, most strategic defense based on the facts of your arrest, your history, and your values.

Attorney Kraut is a former prosecutor with a Harvard Law School education who is well known in the community as a compassionate, yet aggressive, legal representative.

Continue reading

It’s a theme this blog often covers: Someone gets stopped on suspicion of driving under the influence in Burbank (or elsewhere)… and that’s when the REAL trouble starts. Like-father-like-son-dui-burbank.jpg

In other words, the suspect does something stupid after the police have already stopped him or her, and the net result is a hugely more problematic situation.

As an experienced Los Angeles DUI attorney will tell you, your Burbank DUI penalties can escalate wildly if you commit crimes after the fact, such as hitting a police officer, spitting a breathalyzer test back at the police officer, resisting arrest, committing a hit and run, etc.

A crazy case out of Central Pennsylvania illustrates how badly things can go wrong after the fact. Twenty-four year old David Peterson, Jr., was arrested after police found him passed out in his vehicle. The young man had a BAC of over twice the legal limit (the Burbank DUI legal limit, as defined by CVC Section 23152(b) is 0.08% BAC). No doubt scared and intimidated, Mr. Peterson called his father, 44 year old David Peterson, Sr., who promptly hopped in his vehicle and drove to the station to pick him up.

Surprise—the elder Mr. Peterson also had alcohol on his breath. After admitting to police that he had driven to the station, Mr. Peterson submitted to a breathalyzer test and was found to have a blood alcohol concentration of 1.5 times the state’s legal limit. So guess what? He, too, got arrested for DUI.

On some level, this father-son DUI arrest sounds amusing: We leave it to the reader to speculate on the potential Freudian issues at play. On another level, it speaks to the point we were talking about earlier about how Burbank DUI suspects often engage in, shall we say, less-than-strategic behavior after the police arrive.

The younger Mr. Peterson faces a preliminary hearing on February 15, while his father faces a hearing on February 22.

Here are some good rules of thumb to help you stay out of trouble AFTER you’ve been tagged for a Burbank DUI:

1. Speak with a Los Angeles DUI lawyer as quickly as possible.

A good attorney can help you collect and synthesize evidence and statements, challenge police reports and tests, and generally give you a strategic path to avoid things like significant jail time, massive fees and court costs, California drivers’ license-related punishments, etc.

2. Remember that the past is past.

Although you may regret consuming alcohol, narcotics, or medications and then getting behind the wheel, you can’t undo the past. If you get stuck ruminating over what went wrong, you won’t learn the appropriate lessons from what happened. Accept that what happened, happened. And move on by making smarter choices going forward.

3. Learn from what went wrong.

Even if the police wrongfully arrested you or messed up their investigative work or breathalyzer testing, you likely made some mistakes that put you in a position to become a criminal defendant. Spend some time thinking about and writing about what went wrong, and what you can do next time to circumvent that kind of problem.

For help with your defense needs, connect with an experienced Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Michael Kraut is an experienced former prosecutor (Harvard Law School educated) who has won the respect of peers and delivered results time and again at jury trials.

Continue reading

Last November 14th, LA Dodgers first baseman James Loney was busted and charged with driving under the influence in Los Angeles, after he crashed his Maserati into two other cars on the freeway. James-Loney-los-angeles-DUI.jpg

The 27-year old apparently spat a breathalyzer mouthpiece at one of the police officers and demonstrated symptoms that any Los Angeles DUI lawyer would tell you could get you in serious trouble with the law. Per TMZ.com: “Loney’s behavior was incredibly bizarre…[he] exhibited eyelid tremors and his shirt was soiled and moist from perspiration, from his armpits down to his waistline.”

From the headlines, the case sounded cut and dry. But lo and behold, twists and turns have happened, as they often do, as any established Los Angeles DUI attorney will tell you.

The toxicology reports on Loney came back NEGATIVE. That means the prosecutors do not have evidence to pursue his case. The LA City’s Attorney’s Office has dropped the matter.

No drugs and no alcohol. Interesting.

Loney’s arrest obviously captured the city’s imagination. He plays for Dodgers. Also, it’s not every day that you see a Maserati spinning wildly out of control and crashing into vehicles on the freeway. Incidentally, Loney just inked a deal with the Dodgers for $6.4 million. Next year, he will be eligible to be a free agent.

But not every LA DUI arrest is as flashy. If you or someone you love was involved in a more pedestrian (meaning: “less dramatic” not “I was walking”) experience of Los Angeles DUI, you might wonder how this story could be relevant to your defense.

After all:

A) You’re not a first baseman for the Dodgers.

B) You do not (presumably) own a Maserati.

C) You know better than to spit a breathalyzer mouthpiece at a police officer (presumably).

Fair enough. Also, you have no way of telling, from the news reports alone, what actions Loney’s Los Angeles DUI attorney did (or did not) take to help him. Obviously, the negative toxicology reports certainly didn’t hurt his chances of getting exonerated.
But you should never count on good luck to get you out of a tight spot!

Instead, even if you’ve been accused of committing a relatively minor offense, like a misdemeanor Los Angeles DUI, in which no one was hurt and no damage was done, you can make a significant progress towards a better outcome simply by choosing your Los Angeles DUI criminal defense attorney carefully.

Michael Kraut of the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) is a highly reputable former city prosecutor (14-plus years as a Senior Deputy District Attorney). He boasts a Harvard Law School education, wide respect from peers (and opponents) in the court system, and an excellent record – nearly immaculate, in fact – at jury trials.

Continue reading

In a post earlier this week, we talked about how Burbank DUI prevention theory is stuck. burbank-dui-paradigm-shift.jpg

Law enforcement agents, politicians, and even defense attorneys and defendants in LA all often assume that they understand why DUIs occur and what needs to be done to prevent them. For instance, if you were recently stopped for Burbank DUI, your first thought might have been to blame yourself:

• Why did you “act out” and refuse to accept the ride from your designated driver?
• Why did you decide to get behind the wheel after consuming a prescription medication?
• Alternatively, perhaps you are ruminating over how “unfair” the stop was. You believe, for instance, that the Burbank DUI stop was Unconstitutional, or that the breathalyzer test was administrated poorly, or that the police made an error.

Odds are, however, that you have not stopped to contextualize your Burbank DUI stop outside of your own actions and the actions of police. It’s hard to have a 30,000 foot view when contemplating jail time.

Problem is, decoupling your experience from larger trends can be dangerous! (Ask any Burbank DUI lawyer.)

For instance, it’s well documented that Burbank DUIs occur disproportionately on holidays like New Year’s Eve, Super Bowl Sunday, etc. Clearly, events outside of an individual’s control cause or at least heighten the possibility that you will get stopped for driving under the influence in Burbank. Sure, your own misjudgments and the police’s actions might have been important as well. But a national holiday may have played a key, particularly decisive, role in your situation.

The point here is that we can probably make substantial progress in managing and even preventing many Burbank DUIs, if we consider different strategies and tactics to address the root problems. Sure, let’s definitely continue to focus on how to modify driver behavior and educate law enforcement agents about best practices.

But let’s ALSO consider how the engineering of Burbank’s freeways and surface streets might play a role in dangerous driving. And let’s ALSO consider how seemingly tangential, indirectly related factors might play a role in either incentivizing or disincentivizing DUI behavior.

For instance, perhaps drivers who drive on dirty freeways or who drive under stress are more likely to commit a DUI. A Burbank DUI attorny can only infer so much about causality from correlation. But we can at least look at different associations among seemingly unrelated factors.

The amount of trash you have in your car, for instance, hypothetically could be correlated with your likelihood to drive DUI. If so, it may turn out that doing something as simple as keeping your car clean reduces your likelihood of getting arrested for Burbank DUI.

The point is to illustrate that good solutions to your problems might be out there… and they might be unexpected. The way to find these solutions might be to conduct experiments, ideally in conjunction with law enforcement, to try to “out-think” ourselves and our own destructive instincts and impulses.

On a less theoretical note, if you or someone you love needs help with a Burbank DUI defense, connect immediately with the team at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Attorney Michael Kraut is a pre-eminent Burbank DUI criminal defense attorney. He was a successful prosecutor for over 14 years.

As a Burbank DUI lawyer, he remains a “go to” expert on Burbank DUI for media like the Los Angeles Times, KTLA, Fox News, The New York Times, etc. Attorney Kraut can give you a free consultation to help you figure out your strategy.

Continue reading

Per TMZ, Judge Stephanie Sautner recently told Mean Girls star Lindsay Lohan: “keep doing what you’re doing… you appear to be doing very well.” It’s a shocking turn of events for anyone who has followed Lohan’s Los Angeles DUI saga, an epic tale that is nearly five years old at this point. The actress’ probationary report was practically filled with gold stars. It’s a huge difference from her November 2011 hearing, when prosecutors revealed that Lohan missed more than 75% of her scheduled therapy and neglected her community service at the L.A. County Coroner’s Department. lindsay-lohan-los-angeles-dui.jpg

Could January 17, 2012, go down as a huge pivot point for Lohan?

Not only did Judge Sautner smile at the 25-year-old pop star, but the progress report was apparently “lightning fast,” and Lohan completed enough of her requirements to attend a Sunday night Golden Globes party hosted by none other than Harvey Weinstein. The next court date for Lohan is February 22. Before then, she needs to spend 15 more shifts at the morgue and undergo five more counseling sessions. Once she hits her March 29 deadline, she can move on to unsupervised probation.

Of course, as a Los Angeles DUI lawyer would tell you, many of Lohan’s troubles could have been avoided if she had never driven under the influence of alcohol in Los Angeles in the first place. But her ability to rise like a phoenix from her legal troubles suggests that even recidivist Los Angeles DUI offenders can repair the damage to their lives and make progress. They can manage their punishments (or potential punishments) and learn powerful lessons from their experiences.

One of the most difficult aspects of being a Los Angeles DUI defendant is figuring out what to do, how to do it, and when to do it.

If you lack a fluent understanding of how Los Angeles DUI law works, you may need help, such as a free, no obligation consultation with a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028). Attorney Michael Kraut is a widely respected figure in the Los Angeles DUI defense community. He boasts a terrific record at jury trials. He has a Harvard Law School education. He served for nearly a decade and a half as a prosecutor. And he possesses a compassionate and attentive demeanor as a Los Angeles DUI attorney.

Attorney Kraut and his team can answer your questions, help you build a sound legal strategy, and deal with any challenges or opportunities that present themselves.

Continue reading

Kris Reed, aka “Kid” from the famous 1980s rap duo Kid ’n Play, was arrested last August for driving under the influence near the Long Beach area. The tabloids did not cover this much at the time; indeed, this blog – normally eagle eyed regarded all things Long Beach DUI – did not carry the story, either.chris-kid-reid-long-beach-dui.jpg

But now the situation has changed. According to a breaking report from tmz.com, a warrant has been issued for the rapper’s arrest, pursuant to charges that he failed to attend a progress hearing on his 2010 arrest.

As TMZ reports, Reed made the exact same mistake last July, when he no show-ed at a different court hearing. Reed made light of his situation, telling a reporter for the celebrity gossip website: “I’ve got DUIs I’m ducking!”

As any Los Angeles DUI lawyer will tell you… and as this blog has reported innumerable times – especially with respect to Lindsay Lohan’s never-ending, tragic DUI ring cycle — Long Beach DUI defendants often make their situations vastly more complicated by failing to follow simple instructions from their attorneys and abiding by the law on and off the road.

The fact is that a Long Beach DUI – even one involving significant damages and injuries – does not have to mean the end of your license, your career, or your record of good citizenship. Indeed, when properly approached, a Long Beach DUI arrest – and even a conviction – can be a profoundly pivotal point in your life – an opportunity to learn more about yourself, to strengthen your resolve, to rededicate your life in a positive fashion. Prosecutors and judges do recognize when defendants are sincerely contrite. If you take the steps to defend yourself properly (with the help of an experienced Long Beach DUI criminal defense attorney) and address the root problems that got you into trouble, you may walk away from your experience happier, more conscientious, and more focused on success.

Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you develop and execute a common sense, highly strategic approach to your defense. Mr. Kraut is a former prosecutor and current Los Angeles DUI attorney. He was educated at Harvard Law School. He has a fantastic record at jury trials and has won great respect from his peers in the legal community.

Continue reading

While West Hollywood DUI rates over the New Year’s Eve weekend spiked nearly 10% from the 2011 numbers for the same weekend last year, WeHo residents were extremely distracted from the fireworks, celebrations, and festivities by a rampaging arsonist. According to Los Angeles Police Department officials, from Friday through Monday, an arsonist set at least 50 fires throughout West Hollywood, the Valley, North Hollywood, and other communities. Harry_Burkhart-WEST-hollywood-dui.jpg

Last Monday, police finally apprehended the suspected arsonist, 24-year-old Harry Burkhart. According to speculation, Burkhart set the fires as an angry retort to his mother’s imminent deportation back to Germany. An anonymous state department official tipped off the LAPD that Dorothee Burkhart – who had been detained in federal custody last week on an arrest warrant – “spewed angry anti-American statements” and may have, indirectly, encouraged her son to cross the line. Of course, this is all speculation, and the investigation will strive to answer some lingering questions panicked West Hollywood residents have about why the arsonist acted. Hopefully, measures will be implemented to stop similar crimes in the future.

Can we draw any general lessons from the blazes to help individuals who have recently been arrested and charged with a crime like driving under the influence of alcohol in West Hollywood? Absolutely.

In fact, there are three lessons.

1. First of all, recidivism breeds prosecutorial aggression.

Driving under the influence in West Hollywood is a serious and potentially lethal crime. Likewise, arson is a felonious, easily lethal action. However, committing multiple crimes – being what’s known as a recidivist – will grab the attention of the long arm of the law and lead to massive punishments. This brings us to lesson number two…
2. If you’re out of control, get help, even if you’ve done something wrong.

Often drivers who get into trouble – by committing a hit-and-run DUI in West Hollywood, for instance – flee responsibility and make their potential punishment worse. When the authorities finally find you, you’ll not only face charges for your original crime, but you will also face additional charges and penalties for evading arrest. On the other hand, it’s never too late to face your responsibilities and deal with your situation strategically and intelligently.

3. If you have been arrested (or know someone has been arrested), connect immediately with a qualified West Hollywood DUI criminal defense attorney.

Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is a Harvard Law School-educated, very experienced former prosecutor. He has the connections, understanding of the law at a practical and theoretical level, and compassionate attentiveness you need to build your best case.

Continue reading

Let’s face it: The Burbank DUI process is quite technical and scary. Burbank-DUI-can-happen-anywhere.jpg

But if you simply study the law, you will not get a sense of how difficult it can be to face Burbank DUI charges. For instance, you might read a story in the news about a guy who gets pulled over for driving 0.14% near Victory Boulevard and how 0.14% BAC is nearly twice the Southern California legal limit, as defined by Southern California Vehicle Code Section 23152(b), and blah blah blah.

But what do those details really tell you? Not too much. They are dry and clinical.

Often, deep sadness, frustration, and anxiety underlie Burbank DUI incidences. For instance, consider one of last week’s biggest tabloid stories: Matthew Barnaby, a former NHL pro with the Buffalo Sabres, was fired from his job as an ESPN analyst after being arrested for driving under the influence in New York. Allegedly, he drove his Porsche Cayenne on the wrong side of the road – while missing a front tire, no less!

ESPN terminated his contract, effective immediately, and Barnaby might also face deportation to Canada, in part because of domestic charges stemming from a previous arrest. Earlier in the year, per the Buffalo News, Barnaby kicked down the garage door at the house of his estranged wife. Per an arrangement with the court, Barnaby agreed to 500 hours of community service and vowed to stay out of trouble.

Well, driving on the wrong side of the road while Burbank DUI with a car missing a front tire is basically the definition of trouble.

Without the backstory here – without knowing that Barnaby had struggled with domestic issues – his DUI would seem out of context and, in essence, random.

Once you understand a little bit about his history, the charges, at least superficially, seem to make more sense. Rarely are human beings motivated by pure caprice when they break the law. Often, there is an underlying factor – or factors – that cause or contribute to the situation.

To build your best defense, therefore, you may find it beneficial to speak with Burbank DUI criminal defense Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Mr. Kraut is a former Deputy DA (14+ years) and respected legal expert on the subject of DUI. Attorney Kraut can help you understand why you got in trouble in the first place and build the best, most strategic case possible.

Continue reading

If you or someone you care about has recently been pulled over and arrested for driving under the influence in Burbank or elsewhere in Southern California, you are likely focused on potential penalties. cost-of-burbank-dui.jpg

The punishments will depend on a vast and diverse constellation of factors. In this blog post, we will discuss some of the “level one” penalties you might expect. Southern California DUI penalties transcend simple issues of jail time, fees, and inconvenience. Unless you identify the root cause of your trouble and work with a responsible Burbank DUI criminal defense attorney, your crisis may only grow bigger.

But enough gloom and doom. Let’s get down to brass tacks. If you are a first time Burbank DUI offender and you get charged with a misdemeanor, the court can still impose a fearsome array of penalties. You may be held for 48 hours in custody with the possibility of up to six months behind bars. Your maximize fine: $1,000… on top of court costs, which can, in and of themselves, be way more than $1,000.

Your CA drivers license can be suspended for a full year. The court can impose six weeks (up to nine months) of alcohol school. You might face probation, both formal and informal, and, as of July 1, 2010, you may be forced to blow into a device called an interlock ignition device every single time you want to drive your car. Basically, the IID stops you from driving your car if you have alcohol on your breath.

The penalties for second-time, third-time, and fourth-time DUI offenders within 10 years ratchet up substantially. Again, the degree to which they will be elevated depends on the nature of the offense and the circumstances. For instance, if you just collect two, non-injury misdemeanor DUIs within an eight-year period, you may be able to battle back pretty effectively. On the other hand, if you hurt someone while driving DUI in Burbank, you may be subject to extra penalties under CVC 23153 (a) and 23153 (b). If you prove to be a recidivist offender, you could be forced to spend up to a year in jail, or your misdemeanor could be even be converted to a felony, and you could be forced to spend even longer behind bars.

You don’t need a blog post to make these penalties sound foreboding and scary.

The threat of jail time alone is enough to terrify most ordinary Angelenos. The threat of fines and court costs is disheartening and terrifying in its own right, particularly if you have a mortgage to pay, creditors nipping at your heels, kids in school, etc. The threat of having your license suspended is obviously horrifying. In Los Angeles, we depend on our cars to go to work, meet our obligations, and go grocery shopping. The threat of probation is annoying at best and a massive inconvenience at worst. Going to alcohol school is also inconvenient, even if it can be useful.

For help piecing together your best Burbank DUI defense, connect with attorney Michael Kraut at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Connect with this former prosecutor today to begin your journey to protect yourself against these frustrating and scary penalties.

Continue reading

Contact Information