DUI Punishment

October 29, 2009

Mel Gibson Finally Puts His Southern California DUI Behind Him

On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson’s arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that “the Jews are responsible for all the wars in the world.” Mel%20Gibson%20DUI.jpg

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you’re overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to “only having had a few drinks,” for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you’re on probation for driving under the influence of Los Angeles, or if you’ve just been arrested, you must take a test. (And if you’ve been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample — even in spite of the suspect’s unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).

October 27, 2009

Terminator Star Taken to Task for Southern California DUI; Bicyclist Injured

by Michael Kraut

Thomas Dekker — the star of the short-lived TV series: “Terminator: the Sarah Connor Chronicles,” was arrested on Wednesday for driving under the influence in Los Angeles. According to a report from the celebrity blog TMZ.com, the 21-year-old actor slammed into a bicyclist and was booked on charges of felony DUI in Southern California. The accident took place at around 9 PM in the San Fernando Valley. Dekker’s being held on a bail of $100,000.

It’s unclear from reports how serious the bicyclist’s injuries are; nor is it clear whether Dekker himself suffered injuries or whether any property was damaged.

Given the serious consequences associated with a conviction for felony DUI, Dekker will likely require the services of a qualified and experienced Los Angeles DUI attorney.

California Vehicle Code Section 23153 (a) mandates that, in the event that a DUI driver causes injury to another person or persons, his charge may be elevated from a misdemeanor to a felony. California Vehicle Code Section 23153 (b) outlines many of the penalties that can result from a felony DUI conviction. These can include fines and court costs, jail time, forced restitution to victims, and loss of other privileges and licenses.

That being said, a felony injury Los Angeles DUI conviction is by no means guaranteed. The prosecution must meet a heavy burden of proof. First of all, the prosecution must show that the defendant had been driving with a blood alcohol concentration of 0.08% or greater. Second, the prosecution must show that the defendant had committed some act of negligence or traffic violation that caused the accident that resulted in the injury.

To illustrate this point, let’s consider a scenario in which a driver is DUI. But then a bicyclist blows through a stop sign and drives right in front of his car. The cyclist gets hit and injured. In this case, the driver can be convicted of a misdemeanor DUI, since he was under the influence. But he shouldn’t be convicted of a felony injury DUI, since he had been obeying the traffic laws; the bicyclist provoked the accident by driving negligently.

As you can see, DUI legal issues can come become incredibly complicated. To make sense of your rights and obligations, you need to analyze and investigate. That’s why many defendants trust attorney Michael Kraut to provide savvy guidance. Prior to representing criminal defendants, Attorney Kraut spent years prosecuting Los Angeles DUI cases — essentially working for the “other side” — and he leverages his intimate knowledge of the prosecutorial system to deliver superior results time and again.

October 21, 2009

Montana Senator Hit with Felony Charges For Boating Under the Influence — Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters

by Michael Kraut

It’s a case that rivals a celebrity Los Angeles DUI escapade — and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour.

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That’s twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison — for each of the three charges — and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. (According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator’s blood sample was first sent to be analyzed.)

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it’s almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.

October 19, 2009

Eighty-Nine Year Old Hit with DUI and Manslaughter Charges — Case May Hold Lessons for People Charged With Driving Under the Influence in Los Angeles

by Michael Kraut

According to a September 30th article in The Oregonian, Warren Edwards, an 89 year-old from Vale, Oregon, has been booked on charges of manslaughter and DUI after he struck and killed 60 year-old David Messer on a stretch of Oregon’s Route 26 West. Although the incident occurred far from the hustle and bustle of Southern California’s tangled freeways, Los Angeles DUI experts are paying close attention to the details, particularly since the defendant is of such advanced age. The Oregon State Police have alleged that neither driver was wearing a seat belt at the time and that Edwards did not have a driver’s license on his person.

If you have been involved in a head-on collusion that resulted in fatalities or serious injuries, it makes sense to speak with a Southern California DUI attorney as soon as possible regarding your legal rights and responsibilities.

Gross vehicular manslaughter while intoxicated is defined in California by penal code statute 191.5 (a). If you were drinking prior to your crash, and someone involved (in your vehicle, in other vehicle, a pedestrian, etc.) ended up dying, you may feel tremendous guilt. You may even feel so defeated that you’re reluctant to put up a vigorous defense. However, it’s critical to act now — both for your future and for the service of justice — to test the prosecution’s case.

Often, key evidence that potentially could exonerate you gets overlooked. For instance, maybe the sobriety tests used to ascertain your BAC level were biased, mishandled, or faulty. A probing investigation can turn up exculpatory evidence. Or maybe the driver of the other vehicle was intoxicated or negligent. Alternately, maybe your vehicle had a mechanical problem that made safe handling more difficult.

A savvy Los Angeles DUI defense attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers, may be able to poke holes in the prosecution’s arguments. Attorney Kraut spent years working for the city of Los Angeles prosecuting DUI cases. He now draws upon his vast and deep experience to build intelligent, forward thinking arguments for Southern California DUI defendants.

October 14, 2009

NYPD Officer Charged with DUI Manslaughter — Case May Hold Relevance for Similar Cases of DUI in Southern California

by Michael Kraut

According to an October 2nd article in the New York Times, a Brooklyn grand jury is set to hear testimony in the case of an NYPD officer who struck and killed a young woman with his jeep, allegedly while under the influence of alcohol. Experts in Southern California DUI law are closely following the matter.

According to the Times article, Officer Andrew Kelly drove into a 32 year-old woman, Vionique Valnord, as she was exiting a wedding party. Officer Kelly was off duty at the time, and he refused to take a blood alcohol test at the scene. Under subpoena, he was compelled to take a blood test seven hours later; the test revealed that he had no alcohol in his system. Nevertheless, eye-witnesses have claimed that Officer Kelly exhibited signs of intoxication, including “red watery eyes” and “slurred speech.” The prosecution also alleges that Officer Kelly’s jeep smelled of alcohol. The matter has elicited public outrage and Mayor Bloomberg himself has planned to attend Ms. Valnord’s wake.

Given the ambiguous evidence regarding whether or not Officer Kelly was intoxicated, it’s unclear how the prosecution will make its case. As a practiced Los Angeles DUI attorney might tell you, roadside sobriety tests and blood alcohol tests alike are notoriously unreliable.

Most people understand that blood, urine, and breathalyzer tests can be biased by improper handling, misinterpretation, and design defects. But few realize that even so-called “obvious” signs of intoxication may not be so obvious after all. When police pull suspects over for driving under the influence in Southern California, they usually look for symptoms, such as:

• Lack of physical coordination
• Careless or reckless driving
• Mumbling speech
• Odor of alcohol on or around the suspect
• Eyes that are bloodshot
• Slurry speech
• Poor kinesthetic awareness
• Disheveled appearance
• Changing stories about what events took place and in what order they took place

Taken together, these signs can be extremely suggestive. However, most DUI examinations yield less than conclusive results. Any number of factors can potentially explain why, for instance, a driver has watery eyes and slurred speech. Perhaps he or she is just fatigued. Or perhaps he or she is having a bad reaction to a medication. Similarly, some people are more or less coordinated than others. This doesn’t mean that people who exhibit these symptoms are not intoxicated. (Nor, conversely, does it mean that individuals who fail to exhibit these symptoms are not DUI.)

The general point here is that, to make an accurate assessment of a suspect’s level of intoxication, one must scrutinize other possible hypotheses that could explain the symptoms.

Of course, challenging charges of DUI in Los Angeles — particularly in cases where other people have been hurt or killed — can be monumentally difficult. That’s why many defendants turn to expert Los Angeles DUI attorneys, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Prior to becoming a criminal defense lawyer, Attorney Kraut spent years as a prosecutor for Southern California DUI cases. His unique vantage allows him to construct strategic options that many attorneys would never think of, simply because they’ve never argued for the other side before.

October 12, 2009

Nick Nolte’s Son Nabbed for Driving Under the Influence in Southern California

by Michael Kraut

In 2002, actor Nick Nolte was pulled over for a routine Southern California DUI arrest. His mug shot from that arrest — which depicted him as scary looking and out of control — took its place among the pantheon of the most infamous celebrity Los Angeles DUI mug shots of all time.

On October 7th, 2009 — seven years later — Nolte’s son, Brawley, followed in his father’s footsteps and received his own Los Angeles DUI charge after colliding with another car in Santa Monica. The 23 year-old Brawley also works as an actor; he starred as Mel Gibson’s son in the movie Ransom. According to TMZ.com, when the police arrived to investigate the crash, they subjected Brawley to roadside sobriety tests, which he apparently failed. Bail was set at $5,000.

No doubt, Nolte will require the services of a high caliber Los Angeles DUI attorney to develop an effective defense. Fortunately for both Nolte and the other driver, no one was seriously injured. Notwithstanding, the young actor still could face serious penalties for this first time violation, if he’s convicted.

Penalties for violating California Vehicle Code Section 23152 (a) and/or 23152 (b) can run a wide gamut. If you are convicted of a first time misdemeanor DUI in Southern California, the court can impose:

• Mandatory alcohol school — six weeks minimum, nine months maximum.
• Suspension of CA drivers’ license — no restricted license to travel to work/school, one year suspension possible.
• Fines and court costs — a maximum fine of a thousand dollars may be imposed on top court costs, which can add up to much more than a thousand dollars.
• Strict probation terms — convicted offenders may be barred from drinking alcohol during probation; the police may be able to search your belongings without probable cause.
• A mandatory interlock device installation — this is a device that’s fitted to your car that prevents you from driving unless you blow into it first. If your breath contains alcohol, the car won’t start. Offenders must also pay for this service out of pocket.
• Jail time — misdemeanor DUI offenders must spend at least 48 hours in police custody and can get a sentence of up to six months behind bars.

Given the range and severity of these punishments, it’s helpful to discuss your Southern California DUI matter with a practiced attorney, such as Michael Kraut. Prior to founding the Kraut Criminal & DUI Lawyers to provide services for criminal defendants, Attorney Kraut worked directly for the city of Los Angeles investigating and prosecuting DUI matters. Not only does Attorney Kraut boast a stellar record and positive client reviews, but he also boasts a wealth of unique legal knowledge and an impressive academic pedigree.

October 8, 2009

Actress and Music Video Star Arrested For Southern California DUI

by Michael Kraut

Actress and model Tawny Kitaen was arrested for driving under the influence in Southern California when Newport Beach Police pulled over her Range Rover mid-afternoon last Saturday. Kitaen starred in a provocative music video for the band Whitesnake in the 1980s and more recently has appeared on reality shows like Doctor Drew’s Celebrity Rehab and The Surreal Life. According to an AP report, she was released shortly after her arrest on a $2,500 bail. Kitaen had been arrested back in 2006 on charges of possession of cocaine.

Celebrities like Kitaen often turn to an experienced Southern California DUI lawyer to deal with the many complicated legal entanglements that result from arrest. Without good representation, a DUI suspect may miss out on opportunities to challenge the prosecution’s case and/or plea bargain down the charges.

Even seemingly straightforward misdemeanor Los Angeles DUI matters can turn exceedingly complex. Nuances in the law abound. For instance, consider that Southern California DUI law is actually covered by two key vehicle code sections: California Vehicle Code § 23152(a) and California Vehicle Code § 23152(b).

California Vehicle Code § 23152(a) stipulates that if you are driving a car and the police pull over your motor vehicle, and you are then found to be “under the influence” of alcohol or drugs, the police can arrest you. If you’re convicted, you face a panoply of punishments, including jail, license suspension, points on your DMV record and fines.

California Vehicle Code § 23152 (b), on the other hand, stipulates that someone who drives with a blood alcohol content of 0.08% or above can be charged with a crime.

Los Angeles DUI suspects may be screened for alcohol or drug intoxication at the scene vis-à-vis tests like the roadside sobriety test, the preliminary alcohol screening (PAS) test, the breathalyzer test, and urine or blood tests.

To make an accurate defense, you’ll likely need the services of a veteran and proven lawyer like Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. After serving as one of LA’s most reputable and successful Deputy District Attorneys (in which capacity, he prosecuted literally dozens of DUI cases), Attorney Kraut switched several years ago to represent criminal defendants. In every DUI case, he brings to bear his uniquely deep and vast knowledge of how Southern California prosecutors operate.

October 6, 2009

Bye Bye Birdie Star Busted — Not for Southern California DUI — But for DWI in Pennsylvania

by Michael Kraut

Bobby Rydell, a former teenage heartthrob and musical theater actor, careered his Bentley into the side of a yoga studio and was subsequently arrested for DWI. While Rydell’s story sounds like a typical Southern California DUI story of an “aging celebrity in trouble with the law,” the events actually occurred in Merion, Pennsylvania — on Montgomery Avenue, to be even more specific. Rydell, who starred in musicals such as Bye Bye Birdie and Wild One, admitted to drinking a few cocktails prior to getting behind the wheel of his ‘69 Bentley and plowing it into the side of the Jai Yoga Studio. BAC tests later revealed that the actor had had a BAC of 0.17% – more than twice the legal limit of 0.08% for a Los Angeles DUI.

Rydell’s wife claimed to reporters that the actor only failed his roadside sobriety test because a recent hip replacement had made it impossible for him to perform the physical actions requested by the arresting officers.

Had Rydell consulted an experienced Los Angeles DUI attorney following his accident, chances are that he and his wife would have been more discrete about disclosing information about the accident. Even seemingly innocuous comments can be taken out of context by both the media and the police and be leveraged against you in a court of law.

What kind of Los Angeles DUI field sobriety tests would someone like Rydell have been subjected to, to determine whether or not he actually was DWI? Sobriety tests tend to go in and out of fashion, but here are some of the more common ones:

Finger to the nose test:

This checks driver coordination. The driver is asked to extend the arms and touch the nose while keeping the eyes closed. Uncoordinated/intoxicated drivers tend to miss the mark more often than sober/coordinated ones.

Rhomberg test:

A driver must close his eyes and tilt his head back and count up to thirty. Intoxicated drivers theoretically are more likely to stumble as a result of this exercise.

One leg stand test:

 This is the test that Rydell presumably failed. In it, a driver is asked to stand on one leg for half a minute. DUI or DWI drivers will purportedly lose their balance easier than will sober drivers.

Walk the line test:

This is the “classic” sobriety test often depicted in movies and television. A driver is asked to pace in a straight line back and forth for nine steps. If he or she falls off the line, the police may have grounds to suspect intoxication.

Gaze test:

Officially known as the Horizontal Gaze Nystagmus test, this test is designed to measure pupil reaction time. Intoxicated drivers theoretically will have a harder time following a light or an officer’s finger as it moves back and forth across the field of vision.

All these sobriety tests are of course imperfect. But challenging the validity of their results can be quite difficult, unless your DUI defense attorney has done the proper investigation and preparation. Fortunately, if you or a loved one has been arrested for DUI in Southern California, you can turn to Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. As a former Deputy District Attorney for LA, a Harvard Law School graduate, and a widely respected figure in the field of criminal defense, Attorney Kraut can bring his many talents and resources to bear on your situation. Given how much is at stake for your freedom and future, it makes sense to find the best possible attorney to represent you.

September 30, 2009

Celtics Guard Who Had Been Arrested For Los Angeles DUI in February Signs with New York Knicks

by Michael Kraut

Gabe Pruitt, the Boston Celtics guard who was arrested back in February for DUI in Los Angeles, has signed a contract with the New York Knicks. Pruitt’s arrest on February 26 provoked great discussion at the time. According to an AP report, police pulled Pruitt over after he stopped his car at a green light. Pruitt was also driving with “dark tinted windows,” which are not legal in California. The LA native and USC grad failed a roadside sobriety test. Consequentially, the Celtics suspended him for two games.

Sports figures arrested in Hollywood for driving under the influence often turn to an experienced Southern California DUI attorney to navigate the legal system. This makes good sense. After all, while non-specialized attorneys can handle some aspects of DUI defense, the law can be tricky and subtle. It often takes years for lawyers to develop the knowledge necessary to build smart defenses for their clients.

The AP report on Pruitt’s arrest said he “failed a sobriety test.” What kinds of examinations constitute a typical Los Angeles DUI sobriety test?

Rhomberg Test

A driver leans his head backwards and counts up to thirty. Intoxicated suspects tend to lose their balance and fall over after being distracted by the task of counting.

Walk the Line

A driver must walk nine paces in two directions across a marked line. If he steps off the line, the police may suspect him of intoxication.

One Leg Stand

A driver is asked to stand on one foot for half a minute. If he or she falls over, intoxication may be suspected.

Finger to the Nose

This is a coordination test. A driver closes his eyes and then touches the tip of his nose after extending his arms.

Horizontal Gaze Nystagmus

A driver is asked to follow a moving object from left to right and then back again. Intoxicated drivers may have a difficult time following the stimulus.

Just because a driver fails any one of these tests (or even all of them) does NOT mean that he or she is legally intoxicated. (Conversely, just because someone passes all tests doesn’t mean that he or she is sober, either.) Numerous factors can influence the performance, such as fatigue, anxiety/ stress, underlying health conditions, general disposition, personality, and so on. If you failed a roadside sobriety test in Los Angeles, it makes a lot of sense to connect with an attorney who knows how to challenge the validity of these results. Attorney Michael Kraut of Kraut Criminal & DUI Lawyers spent fourteen years as a Deputy District Attorney for the city of Los Angeles prosecuting Southern California DUI cases similar to yours. Now as operating as a criminal defense lawyer, Attorney Kraut brings to bear a deep understanding of how prosecutors work to cultivate arguments and strategies that get his clients results.

September 28, 2009

Dodgers Pitcher Pleads Not Guilty to Southern California DUI

by Michael Kraut

Ronald Belisario entered a plea of not guilty on Thursday August 27th in response to a charge of misdemeanor Southern California DUI. Belisario was arrested two months ago, after CHP officers saw him speaking on the cell phone while driving (which is, in and of itself, a violation of CA law). The Los Angeles Times reported that the police “observed the symptoms of possible alcohol intoxication.” Just prior to his arrest, Belisario had helped the Dodgers triumph over Seattle Mariners by pitching a scoreless ninth inning. The Venezuela native was released after making a bail of five thousand dollars; his pre-trial hearing is set for October.

While a top caliber Southern California DUI defense lawyer can develop and deliver powerful defenses for misdemeanor DUI suspects like Belisario, such cases are often delicate, as they are tried simultaneously in the California court system and in the court of public opinion.

That said, even in situations in which the evidence at first glance appears to support the prosecution overwhelmingly, defenses can be found. For instance, consider the blood test — one of the DUI prosecutor’s most potent weapons. Blood tests are more reliable than other tests, like breathalyzers and field sobriety tests. But they are by no means flawless.

An array of objections can be made, including but not limited to:

• Perhaps the technician who took the sample was not qualified.
• Perhaps the sample was not stored, transported, or tested correctly.
• Perhaps the test was performed correctly but officer bias skewed the results.
• Perhaps the officer used alcohol on the skin of a suspect, and that alcohol contaminated the sample.
• Perhaps the sample got mixed up with someone else’s.

All these situations can result in unjust and unfair Los Angeles DUI convictions. To challenge the evidence effectively, however, you likely need a veteran lawyer who has practical experience with hundreds of similar cases. Many Southern California DUI defendants trust attorney Michael Kraut. Attorney Kraut spent nearly a decade and a half as a DUI prosecutor before switching to become a criminal defense attorney. Very few other attorneys – even experienced criminal defense lawyers – have that kind of experience from the other side. Attorney Kraut leverages his knowledge of procedures and common prosecutorial arguments to best effect for his clients.