Articles Posted in DUI Punishment

One of the reasons why stories about driving under the influence in Beverly Hills capture media attention is that Beverly Hills is well, Beverly Hills. Celebrities, sports stars, movie executives, politicos and other A-listers live, visit and celebrate the city. Thus, stories about DUI in Beverly Hills as well as Glendale DUI, Pasadena DUI, Burbank DUI, and Los Angeles DUI tend to get a ton of press because they involve famous people and, often, very weird events.school-bus.jpg

But Boulder, Colorado – of all places – was in the news twice last week for gripping, bizarre, jaw-dropping stories. We already covered the sad story of a 32-year-old woman who allegedly committed a DUI homicide then tried to flee by swimming into a reservoir. The other big story involved a 19-year-old Boulder man who was arrested and held on a $10,000 bond after he allegedly stole a school bus and then smashed the bus into his house. According to an Associated Press article, “police found a privately-owned school bus parked and still running in the yard of William Levin Goodrich on Tuesday.” Officers said Goodrich’s license had been revoked for multiple DUIs. Goodrich told officers he felt weird after eating something a friend gave him. Police said Goodrich then told them the friend gave him the bus keys and told him to drive home.

Goodrich was held in a county jail on multiple charges, including leaving the scene of an accident, aggravated motor vehicle theft, careless driving and DUI.

Here’s a key takeaway from both these bowl-you-over-in-Boulder stories: the Beverly DUI arrest and conviction process can be complicated – and your situation can be made FAR worse — if you continue to make bad decisions after you’ve been tagged with a DUI.

In this case, assuming the allegations are true, Goodrich already would have been in trouble for stealing the schools bus. But he wildly aggravated the situation by crashing the school bus into his yard. It’s a bit like the “Butch and Sundance syndrome” – once you’ve become an outlaw, you take your crime to the “nth level” because you come to believe “there’s no turning back.” Not that this line of thinking makes sense. But apparently that’s how some people react once they realize that they have committed a crime, like Beverly Hills DUI.

Your Los Angeles criminal defense attorney – no matter how good – can only do so much for you if you compound and “complexify” your crime. It’s time to break the cycle. Connect immediately with the reputable Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) for a free and confidential case evaluation.

Attorney Kraut served as a prosecutor of DUI crimes for 14 years for the City of Los Angeles, rising to the level of Senior Deputy District Attorney. So he knows how prosecutors typically approach DUI crimes, and he can walk you through the ins and outs of what to do – and what not to do – to develop and execute a plan to restore your name, reputation and freedom.

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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.nivea-dui.jpg

• 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.

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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.Burbank-DUI-checkpoint-2.jpg

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.

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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.) derek-lowe-dui.jpg

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.

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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).Intoxilyzer-8000.jpg

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.

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Most celebrity arrests for driving under the influence in Los Angeles are relatively pedestrian as far as the details are concerned. Yes, you can occasionally find salacious stories – such as Mel Gibson’s famous anti-Semitic rant or Lindsay Lohan’s notorious probation violation situation. But most celebrity arrests are simply workaday examples of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI.estella-warren-dui.jpg

Not so for Planet of the Apes star and model, Estella Warren, who was arrested last Monday. Her arrest took multiple bizarre twists. The following details are cribbed from an E-online news report:

• Ms. Warren drove into three different trees before getting pulled over for DUI.
• After police caught her, she literally kicked one of them.
• She failed a Los Angeles DUI field sobriety test – in the words of the E-online reporter, “go figure”…but that wasn’t the end of her adventure.
• During her booking, Ms. Warren slipped out of her handcuffs (helps to have really thin “model” wrists, apparently) and tried to flee the police station. Officers quickly apprehended the Sports Illustrated Swimsuit Model and tacked on yet another charge – felony escape.
• She was booked as being aged 40 years old… when she has publicly declared herself to be just 32.
• Due to the hit and run, escape attempt, and other factors, Ms. Warren’s bail was set at a whopping $100,000.

So what are the lessons we can learn from this escapade?

First of all, if you’re looking to try to pass your field sobriety tests (such as horizontal gaze nystagmus test, finger to the nose test, counting backwards by 3s, etc.), it’s probably a good idea to avoid actively kicking or assaulting the officers conducting the tests on you.

Secondly, Ms. Warren’s post-arrest hysterics illustrate clearly that your behavior following an arrest can have profound ramifications for your potential sentencing. The more charges you rack up, the more difficult it will be for your Los Angeles criminal defense attorney to develop and push forward a strategic defense for you. Even if you manage to get the hit and return DUI dismissed or at least plead down to a lesser charge, you will still have to face other charges from your continued misbehavior – in Ms. Warren’s case, for instance, the felony escape charge.

All that said, facing a Los Angeles DUI charge is neither easy, nor simple. And you may face a surprising amount of hostility – whether you are a celebrity or not – not only from the popular press but also possibly from friends, colleagues, families, and even yourself. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can give you practical, immediate assistance building a defense. As a former prosecutor of DUI crimes, Mr. Kraut understands how the lawyers working against you think and what motivates them – and he has a stellar record at jury trials and great relationships with people in the legal community.

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Those who cover Pasadena DUI stories often set their sites on parochial stories – that is, police blotter news items about things like Glendale DUI, Burbank DUI, Los Angeles DUI, and Pasadena DUI. But it’s often helpful to analyze national news as well to get perspective on how the goings on in other states might have bearing on the politics, science, and legal philosophy of Southern California DUI defense.

Regular readers will remember that we have been closely following reports a few months ago on the revelation that many San Fernando DUI breathalyzer tests used from January to March this year had been compromised by technology flaws. Well… it turns out that Southern California DUI breathalyzer tests are not the only broken breath tests out there this year.breathalyzer-los-angeles.jpg

Check out this breaking news out of Montpelier, Vermont of all places (quote comes from the AP): “A mistake in the software setup on a breath analysis machine and whistle-blowers’ complaints about unethical lab work threaten dozens of drunken-driving prosecutions in Vermont. At issue are breath tests performed by a DataMaster DMT machine at a Vermont State Police barracks that authorities say was not set up properly. Amid a broadening inquiry by two defense attorneys, dozens of criminal convictions could be reopened and a handful of civil license suspensions are being overturned.”

The AP article also mentions that literally hundreds of DUI cases may be reopened and reevaluated because of other Vermont Department of Health machine maintenance problems.

Despite the snafu out of Vermont and the problems that we reported about here in Southern California, it’s unlikely that police officers and the public will seriously reconsider the efficacy of breath tests.

This is, in a word, frustrating. No matter how often blogs like this report on the potential technical glitches, human errors, and other problems that can distort readings and cause false positives (such as ketones on the breath, the fact that men and women process ethanol alcohol differently, the fact that the depth of the breath that you blow into the machine can alter BAC results, etc.), we still collectively give breath tests way too much “trust.”

An experienced Los Angeles criminal defense attorney can review the breath test that officers conducted on you and determine if and how to challenge those results. Michael Kraut (of Pasadena’s Kraut Criminal & DUI Lawyers – 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the facility and familiarity with DUI law you need. Mr. Kraut served for nearly 15 years as a prosecutor for the city prior to representing defendants of DUI crimes. He has a great track record at jury trials, and he has won the respect of peers in the legal community.

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Mobile apps designed and provided by the likes of Google and Apple can “yield up” the locations of Glendale DUI checkpoints (and DUI checkpoints throughout the US). These apps have raised the hackles of lawmakers. Last Tuesday, a US Senate Subcommittee held a hearing with Apple’s VP of Software Technology to discuss the legality of apps that can alert drivers to checkpoints for Glendale DUI, Burbank DUI, Los Angeles DUI, Pasadena DUI, and so forth.fuzz-alert.jpg

Two of the most popular apps are Buzz’d and Fuzz Alert. Senator Chuck Schumer lashed into the software execs about these apps in particular, saying that they “really only have one purpose” – to clue drivers into where police stakeouts might be. Schumer did not mince words. He told Alan Davidson, the Director of Public Policy for Google: “I hope you that you narrowly look at this app. You agree that it is a terrible thing, and it probably causes death.”

Apple defended itself by saying that the apps often just publish data in real time that the police department themselves put out. Schumer and others countered that this argument qualified as a “weak read” and challenged the software company to admit that the apps essentially are designed to help people violate laws like California Vehicle Code Action 23152(a) and 23152(b).

Likely, the debate over the legality and general fairness of apps like Fuzzed and Buzz Alert has only just began. One question that seems to have eluded the Senator is: “Should drivers really be using their mobile devices while driving in the first place?” After all, as this blog has documented many times over, some evidence suggests that driving while talking on cell phones – especially while texting – can be as dangerous as or perhaps even more dangerous than driving under the influence in Glendale or elsewhere.

Irrespective of how the police stopped you for DUI (checkpoint, roadside stop, etcetera), you would like the services of a highly reputable Los Angeles Criminal Defense Attorney to work out a plan for your defense. The Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) is dedicated to serving defendants through meticulous preparation and strategic planning. Lead counsel, Attorney Michael Kraut, is very experienced – he spent nearly 15 years as a prosecutor for the city before “switching over” to represent defendants. He is widely considered to be an expert in Los Angeles DUI Law, and he has appeared on KTLA, Fox News, and other media to discus and analyze critical DUI cases.

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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.rick-springfield-dui-250x200.jpg

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.

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Not EVERY sports celebrity has been pulled over on charges of driving under the influence in Long Beach (and elsewhere) this year. But it sure seems that way, sometimes, doesn’t it? The sheer number of sports celebs who’ve been tagged in 2011 for driving under the influence in Burbank, Glendale DUI, Pasadena DUI, Los Angeles DUI, etc, is, in a word, disconcerting.shin_soo_choo-dui.jpg

The latest big sports related DUI arrested occurred last Monday morning, when Shin Soo Choo, an outfielder for Cleveland Indians (the MLB’s best team, currently) got arrested for DUI in Sheffield Lake, Ohio. USA Today reported that Shin Soo Choo became “the sixth major leaguer cited for a possible DUI this year… he joins Detroit’s Miguel Cabrera, Seattle’s Adam Kennedy, Cleveland teammate Austin Kearns, Atlanta’s Derrick Lowe and Oakland’s Coco Crisp as players arrested on suspension of DUI.” Is it just quirky that so many sport celebs have been arrested for DUI? Or are quirks becoming the norm this year?

Here is an argument for the second interpretation: A Connecticut women actually delivered her child at a DUI checkpoint! This story comes courtesy of www.whac.com: “Bethel and Trevor Hairston were in their Plainfield, Connecticut home Saturday night when Beth went into labor. When they hit a DUI checkpoint, Trevor tried to roll through it… “I kind of did a California role. I didn’t really stop, but I just rolled up the window and said ‘my wife is in labor, we’re going!’… a police officer got into the car with them to help to deliver the baby. Ten minutes after stopping at the checkpoint, baby Christian Hairston was born at exactly 1 am in the passenger seat of the Hairston’s car.”

So, we’ve got lots of sports stars getting arrested for DUI, a couple giving birth at a DUI checkpoint, but no additional lawnmower DUI arrests (at least according to a recent scan of Google News).

The symptoms of Long Beach DUI often mimic “symptoms” of other conditions – such as fatigue, stress, disease/exhaustion, and yes, even pregnancy. If an officer notes that you seem shaky, wobbly, disoriented, uncoordinated, unable to explain where you’ve been, nervous, agitated, etc, he or she will be more suspicious that you might be DUI. But as the story about the Hairstons proves, not everyone who acts oddly – for instance, rolls through a DUI checkpoint – is breaking the law or even fractionally intoxicated.

To develop a smart defense to charges against you, connect with a Los Angeles criminal defense attorney, like Long Beach’s Michael Kraut (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Although Mr. Kraut cannot guarantee that your charges will be dismissed or reduced, he can leverage his 14 plus years as a former prosecutor, excellent record at jury trials, deep relationships with prosecutors, and strong knowledge of Los Angeles DUI law to improve your odds of getting good results.

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