DUI Punishment

March 30, 2011

Long Beach DUI Sexual Battery: San Diego Officer Slapped with 10 Felony Counts for Harassing Women

Most salacious stories involving Southern California DUI involve drivers doing or saying queer things that illicit eye-rolling, head-shaking, or other condemnation. But last week, the tables turned: Instead of a DUI defendant getting charged with a crime like DUI in Burbank, DUI in Glendale, Pasadena DUI, or Los Angeles DUI, a San Diego police officer was charged with harassing up to nine different women during a string of DUI stops.

As the San Diego Union-Tribune reported on March 21, Officer Anthony Arevalos pled not guilty to 10 different felony counts pursuant to charges that he sexually assaulted, restrained, and falsely imprisoned several women over the course of months. Officer Arevalos allegedly pulled over women in the Gaslamp Quarter in San Diego on October 22, December 29, March 8, and several other times for DUI and then proceeded to “ask them all what they could offer him to get out of their compromising situations. The women ranged in age from 20 to 31.”

According to Deputy DA Sherry Thompson, Arevalos scared the women by pointing out how costly Southern California DUI defense can be. In one of the most salacious examples of the alleged abuse, “he asked a woman leaving Mardi Gras celebrations what it was worth to her to get out of an arrest… Arevalos responded by directing her to drive to a nearby 7-Eleven and then allegedly asked for her panties and bra in a locked restroom… The woman claims that he then put his arm around her and fondled her crotch before letting her go.” According to the Union-Tribune, authorities have surveillance video of this act occurring.

Obviously Arevalos’ alleged misbehavior was not only illegal but also a violation of the rights of DUI suspects. Long Beach DUI process must be upheld. If a police officer fails to follow proper protocol by setting up a checkpoint station incorrectly or by violating the Constitutional rights of suspected DUI drivers, then the charges can be dismissed, and the officers who violated your rights can even get in trouble.

The challenge that many Long beach DUI defendants face is how to demonstrate that they are actually telling the truth. Often, a defense seems like it must devolve into a game of “he said, she said” – your word versus the word of one or several police officers.

Fortunately, a competent and experienced Los Angeles criminal defense attorney can prepare you effectively to meet challenges and build a compelling, evidence-based argument to either get your charges dismissed or get them pleaded down. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) is a Harvard Law School educated ex-prosecutor for the city (14+ years as a Deputy DA) who boasts a terrific record at jury trials and a history of getting excellent results for clients even in difficult, legally complicated situations.

March 21, 2011

Glendale DUI Setups: Divorced Dads Targeted in Nefarious “Dirty DUI” Scam

by Michael Kraut

Here is how the scam typically happened. A divorced dad in the midst of a bitter custody battle finds himself approached by two gorgeous women at a local watering hole, gets seduced into driving to a “hot tub party” and then suddenly, out of nowhere, finds himself pulled over and arrested for driving under the influence in Glendale.

Turns out, the dad was set up. His wife had hired Christopher Butler, an ex-cop, to arrange the “dirty DUI” operation by hiring the women to seduce him and then alerting law enforcement agents as the man took the road. The result? A DUI in Los Angeles, DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI anywhere else in Southern California.

Sounds like fiction? Think again.

The San Francisco Chronicle and Daily Mail Reporter detailed this “dirty DUI” scam in a recent story. Among the divorcees caught up in the trouble:

* 46-year-old David Dutcher — he was stopped in 2008 for DUI after a woman he met on match.com invited him back to hot tub with one of her friends. The police pulled him over and found him to have a BAC of 0.12% (Southern California DUI limit is 0.08%).

* 46-year-old Declan Woods — This contractor was busted in July 2007, after a younger woman got him drunk at Ed’s Mudville Grill and the Clayton Club Saloon. Woods hopped in a car to follow the woman to more partying at Walnut Creek, when he got pulled over by the police – a 0.21% BAC breathalyzer reading and a devastating arrest quickly followed.

Although these divorced dads got “seduced” into breaking the law (by driving under the influence), they clearly should have known better.

On the other hand, their wives and Mr. Butler (the ex-police officer who set things up) should also be ashamed. Inspiring people to drive under the influence in Southern California is reprehensible, whatever the reason.

But if you’ve been caught for driving under the influence in Glendale or elsewhere, you may not need to prove that you were “set up” in order to build a good defense. Indeed, simply questioning the methodology and accuracy of the breath test can be enough to break down the prosecution’s case against you. You might think that a Glendale DUI blood test or breathalyzer test that shows a positive for DUI would be essentially incontrovertible evidence that you did something wrong and broke the law. But, surprisingly, such tests can often be compromised and misleading.

An experienced Los Angeles criminal defense attorney can take a look at the test results and help you develop a smart way to minimize your penalties and maximize your chances of the best possible outcomes. Connect with Michael Kraut’s Kraut Criminal & DUI Lawyers (offices in Glendale at : 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) to get your critical questions about your Glendale DUI answered right now.

March 16, 2011

Long Beach DUI Madness — Miguel Cabrera Tells Officers: “Shoot Me, Kill Me”

by Michael Kraut

When a police officer pulls over a driver for suspicion of driving under the influence in Long Beach (or elsewhere throughout the Los Angeles/Southland region), tempers can flare and the situation can even become violent. It’s all too easy to compound a Burbank DUI, Pasadena DUI, DUI in Glendale or Los Angeles DUI situation by fleeing the scene of a crash, confronting an officer, or otherwise acting in a way that will make it more difficult to defend yourself in court later on.

Case in point: Detroit Tigers’ slugger Miguel Cabrera’s recent DUI arrest in Florida.

According to police video from the MLB player’s arrest (as well as 911 calls and 42 pages of arrest affidavits), Cabrera made multiple mistakes, which will likely compound his DUI trouble and may lead to significant legal problems.

First of all, prior to his DUI arrest, Cabrera allegedly made a series of threats at a nearby restaurant, Cowboy’s Bar-B-Q & Steak Company. The manager on duty told him that the bar and dining sections were closing – news that Cabrera did not like. He allegedly threatened to attack the manager and his staff with a gun and “blow up the restaurant.” The threats were serious enough that the bartender called 911.

Cabrera left the restaurant and headed towards the Tigers’ spring training camp in Lakeland in central Florida. His SUV broke down. Police officers soon showed up on the scene. Cabrera allegedly threatened the police, drank a bottle of Scotch whisky in front of them, and gave one of the officers the bird. When the patrol trooper tried to arrest him, Cabrera “pushed off the vehicle” — a defensive/aggressive move that earned retaliation from the trooper in the form of “3 to 4 knee spikes” into Cabrera’s leg.

Misbehavior, violent actions and threats to the police can vastly complicate your Long Beach DUI situation. You also might experience escalated penalties if you hurt someone while operating a vehicle while DUI.

Here’s the scoop:

Typical misdemeanor charges are dealt with under California Vehicle Code Sections 23152(a) and 23152(b). Injury Long Beach DUI matters are charged under slightly different vehicle code sections – 23153(a) and 23153(b). From the labeling, that might not sound like a big difference – you go from 23152 to 23153. So what? But the consequences for your potential punishments are profound. 23153 allows prosecutors to elevate misdemeanor charges to felony charges.

Do you know the difference between a misdemeanor and a felony? The difference is enormous. If convicted of a felony, you may get significantly longer than one-year in jail, permanently lose the right to hold public office and vote, and suffer incalculable damage to your professional reputation, credit, ability to get loans, and ability to negotiate favorable probation conditions.

A qualified and reputable Los Angeles criminal defense attorney can help you build a sound and sensible strategy to combat the charges against you. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (located at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) has a long and decorated history of helping defendants. With a 99% success rate at jury trials, 14 plus years as a former prosecutor, and a Harvard law school education, Mr. Kraut can give you the guidance and legal help you need to get best results.

March 9, 2011

Los Angeles DUI Bloggers Note Explosion of Baseball Related DUI Arrests

by Michael Kraut

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

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

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

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

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

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

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

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

March 2, 2011

Glendale DUI News Alert: Bad News Comes in Fours

by Michael Kraut

Getting arrested for driving under the influence in Glendale or elsewhere in Southern California is no picnic. But often, offenders compound their legal woes both during and after arrest. We’re going to take a look at two unfortunate stories from the past week – both involving the number four. One involves a North Dakota man who got arrested twice in four hours for DUI; the other involves a Pennsylvanian man who racked up his fourth DUI in a McDonald’s parking lot.

If someone you care about has gotten arrested for Glendale DUI, Burbank DUI, DUI in Los Angeles, or DUI in Pasadena, these two cautionary tales may be quite useful to you.

Turmoil in West Fargo
The AP reports that, last Thursday, a 40-year-old man got pulled over at 2:20 A.M for suspicion of DUI in West Fargo, ND. The man made his bail and then immediately got behind the wheel again. Some passerby saw him “slumped over the wheel of a running vehicle with its lights on” at 5:40 A.M. Surprise, surprise, the police promptly busted the man again for DUI – not even four hours had elapsed between arrests.

Big Woes in Ridley Township
Meanwhile, more than 1,000 miles away in Ridley Township, Pennsylvania, Christian M Sweeney smashed his red Oldsmobile into a woman waiting in a McDonald’s drive-through. Just two months ago, Sweeney had passed out in front of a Wawa. Police tested him for DUI, and he blew an astounding 0.62% BAC on a breathalyzer. For some perspective on this number, consider that the legal limit for a Glendale DUI (as defined by California Vehicle Code Section 23152 (b)) is just 0.08%. This means that Sweeney blew a BAC of nearly eight times the California legal limit! If you consult alcohol experts, many will tell you that 0.50% BAC is often fatal. If Sweeney’s December BAC reading was correct, it’s actually a miracle he survived.

In any event, officers reportedly found not only a bottle of vodka in Sweeney’s pants but also an empty hydrocodone bottle in his car. On top of that, Sweeney exhibited signs associated with Glendale DUI, such as “odor of alcohol coming from his breath and person,” red and glassy eyes, and slurred speech.

Does DUI bad news always come in fours?

Not necessarily. Each DUI defense offers unique nuances and defensive resources. If you or someone you care about was pulled over in the Valley or elsewhere in the Southland for the crime of driving under the influence of alcohol or drugs – or some variation of that crime – trust your defense to a competent Los Angeles criminal defense attorney.

Mr. Michael Kraut of Glendale’s Kraut Criminal & DUI Lawyers (located at: 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide a stiff, strategic, and sophisticated defense for you. As a regular commentator for the BBC, Fox News, the Los Angeles Times, and other widely respected publications – and as a Harvard Law School educated former prosecutor – Mr. Kraut can provide peerless legal assistance.

February 23, 2011

Beverly Hills DUI Stunner: Judge Says to Lindsay Lohan: “You’re Going to Jail”

by Michael Kraut

Lindsay Lohan’s post Los Angeles DUI saga took a scary new turn today, when Judge Schwartz warned the wayward actress “this case will involve jail time. Period.”

No, Judge Schwartz was not talking about another incident in which Lohan drove DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI in Los Angeles. Rather, the stern admonition came in reference to Lohan’s alleged grand theft of a $2,500 necklace from a Venice Beach jewelry store.

Today, prosecutors in Lohan’s felony grand theft hearing offered her lawyer security footage of the “Mean Girls” actress allegedly stealing the necklace. Judge Schwartz had sobering words for the Lohan (quote courtesy Eonline): “This case does involve jail time… if this case is resolved in front of me, you’re going to jail… There may be an issue as to the amount of time you go, of course… but… I don’t want you under any apprehension. You will go to jail. Period.”

According to a Chicago Sun-Times report about the case: “the plea deal offered by Deputy District Attorney Danette Myers was for six months in jail, likely to be reduced significantly for good behavior behind bars.”

The actress is scheduled to return to court on March 10. If she loses her grand theft trial, it’s possible that she could spend a significant amount of time in a California State prison — a year or more for the felony. A “longtime Lohan intimate” told the Sun-Times that such a scenario would be “very dangerous… a true nightmare, no matter what… she’s been totally delusional about this… she’s got to get this behind her and get on with her life, especially if she wants a chance of saving her career.”

If you recall, Lohan is still on probation for her 2007 Los Angeles DUI. This issue complicates her already tenuous and fraught legal situation.

While Lohan’s felony grand theft case has been getting a lot of media play, there are literally thousands of CA defendants every year who face similarly fraught and emotionally difficult choices about how to plead in Los Angeles DUI cases.

A Beverly Hills DUI with injury, for instance, can be punished as a felony pursuant to California Vehicle Code Sections 23513(a) and 23153(b). In other words, the very act of hurting someone while DUI can bump up a misdemeanor (still quite a serious charge) to a felony, thus leading to a potentially massive sentence increase.

A variety of factors can impact Beverly Hills DUI sentencing. For instance, say you’re on probation for some other criminal offense; if so, the court may treat you more harshly. Or say this is your second, third, or fourth offense for Southern California DUI within a 10 year period — if so, penalties will be ratcheted up significantly.

To construct a powerful defense, look to a skilled Los Angeles criminal defense attorney. In Beverly Hills, count on attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (located at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935)) to provide outstanding service, compassionate listening, and strategically grounded thinking. Attorney Kraut is an ex-prosecutor (14+ years) and a Harvard Law School educated lawyer who has an exceptional track record helping Los Angeles DUI defendants, even in tricky and complicated situations.

February 23, 2011

Los Angeles DUI Sports News: Ex-Dolphin Rams Driver on I-95, Says Florida Police

by Michael Kraut

Last week, the Florida Highway Patrol arrested Bob Kuechenberg, a 6 time Pro Bowler for the Miami Dolphins, after he allegedly slammed into another car on I-95 and tested to have a blood alcohol concentration of 0.12%.

Sports related stories about driving under the influence in Los Angeles (and elsewhere) seem to be popping up everywhere: last week, not only did Kuechenberg get busted for DUI, but Michael Bush of the Oakland Raiders also got tagged for DUI near Louisville. (More on that in a separate blog post.)

If you or someone close to you got stopped and charged recently with Burbank DUI, DUI in Pasadena, DUI in Los Angeles or DUI in Glendale, you may feel more than a little bit of empathy for the 63-year-old Kuechenberg. According to an AP report, the former Dolphin drove his 2002 Volvo into another car during a lane change on I-95. Although Kuechenberg now faces DUI charges as well as charges of making an improper lane change and damaging property, no one was apparently injured in the crash, fortunately. The Broward Sheriff’s office reported Sunday that Kuechenberg posted his bond of $2,000.

No one suffered serious injuries during Kuechenberg’s crash. But what happens when someone does get arrested for DUI with injury in Los Angeles?

Typically, misdemeanor DUI drivers face charges pursuant to California Vehicle Code Section 23152. This section is split-up into two parts:

23152(a) outlines what it means to be driving while impaired by alcohol or drugs and sets out a cascade of punishments.

23152(b) defines the crime in a slightly different way – more quantitative. According to this measure, anyone who drives a motor vehicle with a blood alcohol concentration higher than the state’s limit of 0.08% can be arrested and charged with a serious crime.

When injuries occur during a DUI situation, prosecutors may try to elevate your charges and convict you under California Vehicle Code Section 23153.

Going from 23152 to 23153 means that what might ordinarily be a misdemeanor can be charged as a felony. A felony, as you probably know, is a much more serious crime than a misdemeanor; if convicted of hurting someone while DUI, you could face extended jail time, a loss of your right to vote, and a whole panoply of additional restrictions, fines, and other long-term encumbrances.

A skilled Los Angeles criminal defense attorney can fight back against a Los Angeles DUI with injury charge. For instance, upon deeply probing the evidence, your attorney may realize that, while you did hurt another driver or a pedestrian during an accident, the other driver actually caused the problem by veering into your lane or ignoring traffic rules.

In this case, even though you were DUI, since the other person caused the problem, the prosecutors will likely have a very hard time pinning a felony charge on you.

All that said, time is of the essence. Connect with a Harvard Law School educated ex-city prosecutor, Michael Kraut, of the Kraut Criminal & DUI Lawyers, for a confidential and comprehensive evaluation of your case. Attorney Kraut’s Los Angeles offices are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

February 21, 2011

Pasadena DUI Sports Spotlight – Raiders Runningback’s DUI Charge Tops Off a Bad Weekend for the NFL

by Michael Kraut

Scan the weekly headlines for Pasadena DUI, celebrity DUI, and other related posts, and chances are that you will see a surprisingly large number of sports related arrests, injuries, and other bad news — particularly related to NFL players.

While national DUI-related news, like Lindsay Lohan’s recent grand theft felony charge, captures the public’s imagination, in terms of sheer numbers, it seems like the sport stars have the celebrities beat, hands down.

NFL players, in particular, seem to have a passion for getting arrested for DUI in Burbank, DUI in Pasadena, DUI in Glendale, DUI in Los Angeles, and DUI just about anywhere else. Case in point: 26-year-old Michael Bush, a runningback for the Oakland Raiders, got nabbed for DUI in Indiana last Saturday morning in Jeffersonville (just outside of Louisville). Drafted by the Raiders in 2007, Bush came into his own last season, netting 8 touchdowns and 655 yards rushed. (Sports journalists believe Bush will become a free agent during offseason.)

According to reports, Bush spent the night in Clark County Jail and got out at 1 pm the next day on his own recognizance.

As this blog has reported elsewhere, Bush’s DUI was just the tip of the iceberg in terms of NFL-related troubles last week:

• Brandon Banks, a kick returner for the Redskins, got stabbed that same evening in a nightclub in downtown, Washington D.C.
• Meanwhile, Bank’s teammate, Albert Haynesworth, got officially charged with misdemeanor assault for a road rage incident that occurred on February 2nd in nearby Reston, Virginia.
• Bob Kuechenberg, a 63-year-old former Dolphin, also got arrested last Saturday night for DUI after sideswiping a car on I-95 in Florida.

All of these arrests raise an interesting question: what are DUI penalties for multiple Pasadena DUI convictions?

In California, convicted DUI drivers face escalating punishments whenever they violate the law and/or the terms of their probation. For instance, a standard misdemeanor DUI charge might net you a court imposed probation, a minimum alcohol school time, suspension of your license, a fine, and two full days of jail custody (six months maximum).

Does this sound scary? Note that it is just a starting point! If you injure someone during just DUI, prosecutors can hit you with a felony instead of just a misdemeanor, and your punishments will go way up, accordingly. Alternatively, if you get pulled over for a second, third, or fourth time for a Pasadena DUI within a 10-year period, the court will get increasingly harsh with you.

For instance, as we just discussed, a first misdemeanor Pasadena DUI will net you 48 hours behind bars – certainly an unpleasant development. But a THIRD time DUI misdemeanor within 10 years will give you a mandatory minimum of 120 days behind bars. That’s approximately four months!

Given the urgent legal crisis in your life, it behooves you to retain a high caliber Los Angeles criminal defense attorney as quickly as possible. The Kraut Criminal & DUI Lawyers (located in Pasadena at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is an excellent, proven resource. Head attorney Michael Kraut served as a former prosecutor for the city for a long time (over 14 years), during which he successfully prosecuted many DUI cases. He now uses his experience working for the other side to help his defense clients.

Mr. Kraut is a Harvard Law School educated attorney with an excellent reputation among his peers and a track record for success, even in highly complex cases.

February 18, 2011

Long Beach DUI Sports News – Bobsledding Champion Pleads Guilty to DUI, Narrowly Avoids Half Year Jail Sentence

by Michael Kraut

30-year-old Olympic gold medalist Steve Holcomb, the pilot for the US bobsledding team in the 2010 Winter Olympics, pled guilty last Wednesday to DUI charges, prompting analysts who cover sports news about driving under the influence in Southern California (and elsewhere) to ponder the effects of the sentencing.

For anyone out there who has been stopped and charged recently with DUI in Glendale, DUI in Burbank, Los Angeles DUI, or driving under the influence in Pasadena, Holcomb’s travails may be particularly instructive.

As this blog reported a few months ago, the bobsledder got pulled over in October 2009 on Route 224 in Utah for making an illegal U-turn. Testing later revealed that he had a blood alcohol concentration of 0.19% – more than double the Long Beach DUI limit of 0.08%.

Things clearly weren’t looking good for Holcomb. But then his citation got abruptly tossed out because a deputy in the Sheriff’s department didn’t sign the citation properly. Summit County Attorney David Brickey refiled the case, however. According to a USA Today news story, “(he) denied any leniency because Holcomb was a decorated athlete.” Holcomb ultimately pled guilty to a Class B misdemeanor of impaired driving (as opposed to driving under the influence), and a Summit County Judge ordered him to pay a fine of $1,430, “undergo substance abuse screening and assessment” and serve 48 hours of community service in lieu of 180-day jail sentence.

Brickey seemed satisfied but offered the following rejoinder: “I told the judge, of the community service: ‘it better not be giving free rides down the ice tracks.'”

It remains unclear whether the guilty plea will impact Holcomb’s ability to travel to Canada for the world bobsledding competition.

Long Beach DUI breathalyzer tests – similar to the ones used in Park City Utah – analyze the suspect’s so-called “blood alcohol concentration” (BAC) to help officers determine whether or not an arrest should be made. According to California Vehicle Code Section 23152 (b), driving with a BAC of greater than just 0.08% constitutes a criminal offense and can result in severe penalties, such as jail time, license suspension, hiked up insurance rates (because of your conviction), mandatory alcohol school, tough probation terms, and serious fines and fees.

A Los Angeles criminal defense attorney, such as Attorney Michael Kraut (The Kraut Criminal & DUI Lawyers can be contacted in Long Beach at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can be a crucial ally as you plan your strategy to combat your DUI charges.

Mr. Kraut will utilize his knowledge and experience as a former prosecutor (for 14+ years, he prosecuted Los Angeles DUI cases) to help you. Mr. Kraut is often called upon by major media, such as CNN, The New York Times, and The Los Angeles Times, to provide analysis of breaking DUI news. He can design and execute a tailored, streamlined defense for you.

February 14, 2011

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

by Michael Kraut

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

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

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

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

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

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

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

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

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