DUI Punishment

May 6, 2011

Glendale DUI Sports News – Coach Dikta’s Son Stopped for DUI in Deerfield Illinois

Most incidences of driving of under the influence in Glendale have nothing to do with the game of football. Perhaps it’s because Los Angeles simply doesn’t have a professional NFL team. (The Chargers don’t count, folks.)

But more than any story about Los Angeles DUI, Burbank DUI, DUI in Glendale, or DUI in Pasadena last week, one sports-related DUI incident has caught the attention of fans throughout the Southland – Michael P. Ditka, the son of the famous Chicago Bears coach Mike Ditka, got stopped on April 20th for driving under the influence.

The Deerfield police report claims that Ditka’s black Hummer had been running in a parking lot with its headlights on. Ditka later protested: “I was not driving the car… I was parked. The keys weren’t even in the ignition. I plan on pleading not guilty.”

May 4, 2011

Los Angeles DUI Debacle – LAPD Officer Busted for DUI Near LAX

by Michael Kraut

We expect LAPD officers to pull people over and arrest them for crimes like driving under the influence in Los Angeles; what we don’t expect is for police officers to speed the wrong way down the Sepulveda Tunnel on their motorcycles and then themselves get busted for misdemeanor DUI.

But that’s exactly what officer Joseph M. Bezak stands accused of.

Bezak’s saga illustrates that, just because you’re educated about the dangers of driving DUI in Glendale, DUI in Pasadena, DUI in Burbank, or DUI in LA doesn’t mean that you’re going to use good judgment all the time.

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.

April 26, 2011

Los Angeles DUI Tragedy That is Lindsay Lohan… and What We Can All Learn from Her

by Michael Kraut

Last Friday, a judge made the call to sentence starlet Lindsay Lohan to 120 days behind bars for violating probation connected with her 2007 Los Angeles DUI bust. As one might predict, news outlets across the nation lit up with provocative (and at times unseemly) discussions about the “Freaky Friday” star’s punishments, which also include 480 hours of mandatory community service.

Perhaps no other story about Pasadena DUI, Glendale DUI, Burbank DUI, or Los Angeles DUI has come close to generating this many headlines – even Mel Gibson’s famous anti-Semitic tirade (connected with his 2006 arrest for DUI on the PCH) doesn’t compare. Why are people so fascinated by the starlet’s continued legal troubles? And what does her punishment for probation violation tell us about how DUI law?

Before we get into these thorny questions, we should mention that Lohan might even suffer more. In June, she’ll go to trial pursuant to charges that she stole a $2,500 necklace from an L.A. jewelry shop. Video of Lohan trying on the necklace has gone viral; and the jewelry store owner herself has received brutal press from fans of Lohan, who allege the owner is simply pressing her grand theft charges to drum up business and notoriety.

Nathan Folks, a producer friend of Lohan, expressed his dismay over the sentence: “(Lohan) wants to go to AA and NA and serve 400 hours…she has already been doing lots of charity work.”

Some bloggers have suggested that Lohan’s “Riches to Rags” tale attracts us because of its archetypal nature. In other words, it resonates with a kind of story that we are all used to – that of someone obtaining money/fame/fortune, then losing it due to some bugbear or fatal flaw. Often, there is redemption angle at the end of the story, where the hero (or in this case heroine) rises from the ashes of turmoil and flourishes again. Hopefully, Lohan will indeed get that “happy ending” and regain her stamina, stability, and positivity.

As for the legal implications – the case probably best illustrates that no one is above the law. Your Los Angeles DUI penalties will go up if you violate your probation, hurt someone while driving DUI, or commit multiple offenses (i.e. become a recidivist). Although a reputable and smart Los Angeles criminal defense attorney can help you escape some of the worst penalties and develop a plan to rehabilitate yourself – no attorney is a miracle worker. If, like Lohan allegedly has, you continue to flout the terms of your release/probation, the law eventually will catch up to you, and you will pay costs.

Fortunately, there are amazing resources out there that can help you. The Kraut Criminal & DUI Lawyers (offices in LA at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide a free and totally confidential consultation today. Michael Kraut is a former L.A. city prosecutor (senior deputy D.A.) – he uses his knowledge of prosecutorial tactics and his deep relationships to generate effective defense strategies for his clients.

April 25, 2011

Burbank DUI Breathalyzer Disaster – Alco-Sensor V Breathalyzers Found to Be “Erratic” – Hundreds of Cases Could Be Affected

by Michael Kraut

Last week saw some major breaking Burbank DUI news – the Ventura County District Attorney’s Office released memos showing that Intoximeter’s Alcohol Sensor V breathalyzer tests — used in the field between January 20 and March 31st this year — have demonstrated “erratic results.” The upshot is that many people arrested for crimes like Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI over past three months might have been victimized.

According to reports, an officer in the field discovered the defect in the new breathalyzers. He reported the problem, and the police quickly pulled the machines from the field (128 devices total – each one worth approximately $4,800!).

Further testing revealed that chilling the machines skewed their readings. Officers get four hours of training on breathalyzers before they use them in the field. Intoximeters Incorporated (a St. Louis Company) allegedly put the devices through pretty vigorous beta testing. But despite these precautions, serious design flaws persisted. Tragically, the flaws may have lead to the unjust arrests and convictions of many people in 2011.

As this Burbank DUI blog often points out, the legal limit (stipulated by California Vehicle Code Section 23152(b)) for driving under the influence in CA is 0.08% BAC. This means, in other words, if you blew into an Alco-Sensor V machine and got a reading of, say, 0.10% BAC, you might have been arrested for a crime you didn’t actually commit.

An experienced Los Angeles Criminal Defense Attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (offices in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), would point out that breathalyzers in general have far more flaws than the public typically knows about.

Men and women, for instance, process alcohol differently. Diabetics and dieters often produce chemical compounds known as ketones on their breath which can generate “false positives” on BAC tests. The devices may be poorly calibrated or misinterpreted. The devices may also malfunction under certain pressure and temperature conditions –witness what happened here with the Alco-Sensor V debacle.

This breathalyzer disaster also drives home how important it is for defendants to work with high-quality attorneys. When you are charged with a DUI, not only can lose your license, but you can also be slapped with penalties such as fines, court costs, jail time, mandatory probation, mandatory IID installation, and alcohol school. You may also face negative repercussions for your career and reputation.

Attorney Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers can speak with you about how and why you got pulled over for Ventura County DUI and explain your rights, responsibilities, and “best path” forward, so you feel more comfortable and secure about the direction of your defense.

April 22, 2011

Glendale DUI Penalty Shot – Florida Basketball Superstar Slapped with DUI in Gainesville

by Michael Kraut

Dan Werner, a former basketball player for Florida, got knocked with a DUI in Gainesville last week, and the arrest has echoed across the country – even Glendale DUI bloggers are talking about it. The 23-year-old Werner was pulled over because police noticed that one of his taillights had gone out and he had his high beams on. If you’ve been stopped for Glendale DUI, Burbank DUI, Pasadena DUI, or Los Angeles DUI, perhaps the police first noticed your vehicle because of something minor, like a taillight malfunction.

In any event, Werner argued that “his girlfriend was intoxicated” so he was driving her home. But authorities on the scene noticed that the former B-baller had “watery bloodshot eyes” and had also “consumed two alcoholic beverages” (quotes courtesy of the AP). Police officers also argued that Werner did not perform with grace on field sobriety tests.

But here’s where it gets interesting! (At least for analytical purposes.) The AP report on the arrests notes that Werner’s breathalyzer results were just 0.65% and 0.7%, respectively. Thus, his tests were under the Glendale DUI and Florida limit of 0.08%. Despite the fact that his BAC readings came in under the line, police arrested Werner and then released him last Tuesday on his own recognizance.

You might be surprised to learn that, even if you blow a negative on a Glendale DUI breathalyzer test, you can still be arrested and charged with a crime. The California vehicle code has two basic laws regarding DUI. Section 23152(b) defines DUI as driving with a BAC of 0.08% or greater. But 21352(a) defines the crime slightly differently – if you are under the influence of alcohol, even if you’re not above the limits stipulated in Section (b), you can still be hit with a crime. It’s an unfortunate reality, but it is the reality.

The big question facing people charged with Glendale DUI is: what do you do next?

Although the law provides you with ample opportunity to defend yourself – you can also work with a public defender – experts suggest that you’d be better off retaining an experienced Los Angeles criminal defense attorney.

The stakes for DUI defendants are high. If you put up an inadequate or underadequate defense, you could face jail time, fines, fess, driving restrictions, mandatory education classes, and a host of other penalties. Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers (Offices in Glendale at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide excellent strategic guidance. Mr. Kraut is not only Harvard Law School educated former prosecutor but also a master of jury trials – he has a fantastic success rate, and he is ready to go to trial to defend your interests, if need be.

April 20, 2011

Long Beach DUI Twofer – GOP’s Kittle Avoids Jail Time… and a Big Controversy over the Royal Wedding!

by Michael Kraut

Long Beach DUI blogs, like this one, typically don’t stretch to include extraneous news events, like the April 29 royal wedding in Britain. But some interesting controversies regarding the wedding plans may shed light on crucial issues relevant to anybody who has been tagged for Los Angeles DUI, driving under the influence in Burbank, driving under the influence in Pasadena, Glendale DUI, and so forth.

Before we get to the main event, let’s briefly recapitulate a breaking story out of Hamilton County, Indiana. Last Tuesday, James Kittle, the 67-year-old former head of the GOP in Indiana, pled guilty to a misdemeanor DUI charge and managed to avoid jail time.

According to news reports, Kittle got arrested in mid December 2010 in Carmel. Not only did he fail a field sobriety test, but he also blew a 0.10% on a breathalyzer – as our regular readers know, Long Beach DUI breathalyzer results of 0.08% or higher will be enough to get you arrested for the crime of DUI pursuant to California Vehicle Code Section 23152(b). Kittle stepped down as the Indiana Republican Party chair in 2006 – he had been considering trying to re-up, but his arrest put a crimp in those plans.

Meanwhile, the Huffington Post reported on April 12th that the royal wedding may “serve as a rehearsal for Queen’s funeral.” HuffPo quotes an unnamed royal aid in the British paper, Express: “obviously we all hope such a sad event will be a long way off – Her Majesty may be 84, but she is in very good health…(nevertheless) we need to rehearse logistics and timing for what will be a huge ceremony. It may seem odd to think about his grandmother’s demise at the same time as William’s wedding, but having all these diplomats and VIPs in London on April 29 makes it sensible to run through the procedures and things like seating plans.”

Wow. It’s definitely a little bit macabre. But it’s not the only strange aspect of the wedding – another wrinkle, which may be relevant to the Long Beach DUI blogosphere, albeit very indirectly, has to do with the bride-to-be’s mother’s diet. The Dukan diet – a French concoction that emphasizes low carbohydrate, high protein, low fat — is a fad diet that’s sweeping not only Britain but also the United States. It differs from other low carb diets, such as Atkins, because it emphasizes high protein instead of high fat. Without delving into the debate over which method is safer or better, individuals who are on the Dukan diet may want to take extra care when driving along the freeways and surface streets around Long Beach and LA.

When you restrict carbohydrates in the diet, as we discussed in a post last week, your body can produce chemicals called ketones. These chemicals can show up on your breath and skew your breathalyzer readings, as Protein Power’s Dr. Michael Eades and other experts on the subject of carbohydrate restriction have discussed. The moral here is: if you’re trying to emulate the princess-to-be’s mom’s weight loss by going on the Dukan diet, be on the lookout for this potential problem. If you do get pulled over, for whatever reasons, your breathalyzer results may be way off.

For help developing a defense to a DUI charge, connect with a Los Angeles criminal defense attorney. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) would be happy to discuss your situation. Trust this former prosecutor to give you excellent, actionable advice, and help you build a strategy.

April 8, 2011

Glendale DUI “Yikes” Situation – Two Women Zapped With DUI in the Same Car

by Michael Kraut

Every once in a while, a case of driving under the influence in Glendale (or elsewhere) is so odd that you’re left scratching your head. Huh? Is that really possible?

Events that prove exceedingly rare – such as “hitting for the cycle” in baseball or a “blue” moon (two full moons in one month) — attract our attention because of their novelty and because, perhaps, of our innate capacity as human beings to get superstitious over eccentric events.

In any event, getting arrested for driving under the influence in Los Angeles, DUI in Glendale, Pasadena DUI, or Burbank DUI in and of itself is not a particularly unusual event. Thousands of drivers (including celebrities and sport stars) get stopped every year for said crimes.

But two women in Vermont got hit with DUI charges last week in a very, very rare situation. 22-year old Caryn Pletzer and 25-year old Ashley Griffin got snagged for DUI in Vermont on I-89 in the small town of Williston, the Saturday night before last. Pletzer had been driving, when she and her friend got into an argument. During the tussle, Griffin grabbed the steering wheel, causing the driver to lose control and roll the car over a number of times.

Both young women got taken to Fletcher Allen Healthcare to be treated for back injuries – fortunately; it appears they were not hurt beyond these minor injuries. Since both women had been under the influence of alcohol, they now BOTH face DUI charges. Even though Griffin wasn’t driving the vehicle, since she grabbed control of the steering vehicle, that’s enough for the DUI charge. Griffin also faces charges of gross negligent operation of a vehicle and aggravated assault.

Although there have been other instances of two people in the same car getting arrested for DUI during one stop – this blog actually covered one such instance a few weeks ago – a superficial scanning of news stories online has failed to show whether three people or more have been arrested in the same car for DUI. But it’s definitely possible.

The Glendale DUI process is essentially the same whether you’re stopped in some kind of exotic situation like Griffin and Pletzer were, or you were stopped in a more mundane situation:

• You get stopped at either a DUI checkpoint or a traffic stop and checked for symptoms of intoxication, such as bloodshot eyes and slurred speech.
• Officers will investigate you for DUI using preliminary alcohol screening devices and field sobriety tests.
• The officer will arrest you, generally pursuant to California Vehicle Code Sections 23152 (a) or 23152 (b).
• You find representation. You can represent yourself, work with a public defender, or retain an experienced Los Angeles criminal defense attorney.
• You must deal with the automatic suspension of your license DMV hearings by wrangling with forms such as the suspension order and temporary license form.
• Your arraignment.
• Your pre-trial hearing – if you can’t resolve the situation during pre-trial, (only happens in one out of twenty cases) you move onto…
• Jury trial.
• Post trial. Perhaps your case will be dismissed or you will be found not guilty. Or perhaps you will face a sentence, and you’ll have to serve that.

Glendale DUI defendants can trust attorney Michael Kraut, located at:  121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123 . Not only does Mr. Kraut have a fantastic record of jury trials and a terrific reputation within the Los Angeles DUI community, but he also has a Harvard Law School education and 14-plus years under his belt as a Deputy District Attorney.

April 6, 2011

Long Beach DUI Shenanigans – Reality Star Joe Giudice Could Face a Decade Behind Bars for Drivers License Fraud

by Michael Kraut

Discussions about Long Beach DUI and DUI elsewhere in the US inevitably pivot back to celebrity drama. It’s unfortunate, given that most cases of DUI in Glendale, DUI in Pasadena, Burbank DUI, and Los Angeles DUI involve ordinarily law abiding citizens who make miscalculations or errors of judgment.

But DUI tabloid stories inevitably pop-up – often more than once a week, as this blog has covered – and these stories tend to make all DUI defendants look like nincompoops.

Case in point: Joe Giudice, the husband of Bravo reality star Teresa Giudice (of Real Housewives of New Jersey) was busted the Friday before last for obtaining a phony driver’s license. As this blog covered few weeks ago, Giudice was arrested for driving under the influence in 2010. Anyway, he apparently secured a phony driver’s license using his brother’s ID. The 40-year old was held on bail of $50,000.00. His maximum penalty could be a decade (10 years) behind bars for this crime.

Teresa Giudice apparently was completely oblivious to the potential perils. Following the bust, she took to her twitter account: “Happy Friday! Going to Mount Airy in the Poconos tonight, cooking for my fans! What is everyone else doing?”

The DUI penalties for Long Beach DUI recidivist (repeat) offenders can be painful and life altering. Most regular readers of this blog – and any good Los Angeles criminal defense attorney – can now recite by rote the first time misdemeanor DUI penalties that the court can impose, which include DUI alcohol school; jail time of 48 hours minimum, six months maximum; court costs and fine of up to $1,000.00; formal probation; one year CA driver’s license suspension; and possibly you’ll have to install an interlock ignition device on your vehicle.

But multiple offences can lead to an escalation – or ratcheting up – of your penalties on practically every dimension. You could face more jail time, a longer license suspension, longer time in alcohol school, bigger fines, more court costs and stricter prohibition terms. Moreover, if you get arrested for multiple times within a 10-year period, prosecutors could try to charge you with a felony instead of just a standard misdemeanor. This again has life-altering consequences – a felony is a much more serious charge. Convicted felons can be haunted for years by their conviction and find it much more difficult to get loans, find work, and rebuild their professional reputations.

Long Beach DUI attorney Michael Kraut (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can answer your questions about your DUI. Even if you’ve gotten into complicated legal trouble, this former prosecutor and Harvard Law School educated attorney has the wherewithal and intuition (as well as experience with the system) to deliver results.

April 4, 2011

Pasadena DUI “Century Club” – Texas Man Faces 99 Years behind Bars for 16th DUI

by Michael Kraut

Many recidivist Pasadena DUI drivers – people who’ve been arrested more than once for a crime like driving under the influence in Pasadena, Glendale DUI, Burbank DUI, Los Angeles DUI, etc — wrestle with deep and hard to crystallize psychological problems.

A DUI can happen to the best of people with the best of intentions. For instance, say a person goes to a cocktail party and leaves after only having two drinks. But she fails to recognize that drinking on an empty stomach has elevated her BAC to above the Southern California DUI legal limit of 0.08%. She then gets stopped at a checkpoint and arrested. Her life comes crashing down.

Even recidivist offenders often face only relatively innocuous demons. For instance, maybe a guy who gets arrested three times over the course of 15 years for DUI simply lacks intuition for how much alcohol his body can handle.

What about a 16 time DUI recidivist, like 52-year old James Steven Corley of Montgomery County, Texas? Hmm. He may have some serious issues to work out. Unfortunately for Corley, his 16th life-time conviction for DUI was the final straw, according to local prosecutors. Last August, an officer saw Corley weaving in his lane and driving with a broken tail light. The officer pulled him over and found him to have a BAC of 0.10%.

According to the Deputy District Attorney for Montgomery County: “This defendant is an extremely dangerous driver…practically every time he is getting behind the wheel of a motor vehicle, according to the testimony, he is driving drunk. He testified that whenever he does it, he doesn’t think about anybody who is on the street with him. It’s all about him. All about getting drunk.”

According to an analysis of the case, Corley might be able to get parole in 10-15 years, depending on his behavior and other factors. A 99-year jail sentence for DUI – even for an extreme case of Pasadena DUI – is relatively unusual. Do note, however, that you can easily get a lengthy jail sentence for Pasadena DUI murder or vehicular manslaughter. When you hurt another person – or kill somebody – obviously your potential penalties go way, way up, even if you’re a first time DUI driver, and even if you were just barely over the limit.

If you did hurt or kill someone, prosecutors and the judge will take into account a variety of other factors, including your level of intoxication, past criminal history (if any), your past DUI history, and the quality of your driving when you caused the injury accident.

To make a sensible defense, look to a quality and well regarded Los Angeles criminal defense attorney. The law allows you to defend yourself in a complicated Pasadena DUI injury case. But in general, you’d be advised to retain professional counsel.

Mr. Michael Kraut (of the Kraut Criminal & DUI Lawyers — 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has deep experience helping clients just like you in complicated and unfortunate DUI circumstances. For years, Mr. Kraut served as a Deputy District Attorney for the city – during which he actively worked to put DUI offenders behind bars. As a result of his stint (14 plus years) as a prosecutor, Mr. Kraut has developed a profound understanding of how prosecutors think, and he also developed a veritable arsenal of tools and strategies to help his clients battle their charges effectively.