DUI Category Archives — Page 12 of 24 — Los Angeles DUI Attorney Blog Published by Los Angeles & Southern California Criminal & DUI Defense Attorney Michael Kraut

December 19, 2012

A Pair of Los Angeles DUI Charges for Michael Madsen: “Kill Bill” Actor Busted in Pontiac GTO on the PCH in Malibu

54-year-old actor, Michael Madsen, was arrested recently for driving under the influence in Los Angeles – out in Malibu on the PCH. According to news reports, police officers pulled him over after they saw his fire red Pontiac GTO swerving erratically.

Madsen allegedly failed his Los Angeles DUI field sobriety tests and blew a BAC level of 0.21%. As regular readers of this blog know, the legal limit, per California Vehicle Code Section 23152 (b), is 0.08%. That means he was more than 2.5 times over, if the breathalyzer was correct!

Madsen’s Los Angeles DUI defense attorney, meanwhile, told reporters that Madsen “believes that the breathalyzer test was flawed.” According to TMZ, the Kill Bill and Reservoir Dogs’ actor needed to go to the hospital instead of to jail due to a medical problem. Madsen had to make a $15,000 bail. He currently faces two DUI counts. If convicted of both, he faces maximum penalties of two years behind bars, even though this is his first offense.

Madsen’s legal plight illustrates an important truism about Los Angeles DUI defense: Even if you have never done anything bad in your life, prosecutors can still “throw the book at you,” even if you didn’t hurt anyone or do severe damage.

Of course, if you DID hurt someone, prosecutors can “level up” the charges against you and hit you with counts pursuant to California Vehicle Code Section 23153 (a) and 23153 (b) – the so-called injury DUI laws. What would ordinarily be a misdemeanor might be reclassified as a felony, for instance.

Likewise, if you caused serious property damage, resisted arrest, or engaged in multiple criminal acts simultaneously (such as assaulting a police officer, leaving the scene of an accident, etc.), your legal situation could become more complex, and the potential penalties could be far more dire.

This isn’t to say that you will be seriously punished — or even that you’ll need to plead guilty to the charges against you. A smart, strategic investigation of your Los Angeles DUI charges can lead to surprising and convincing defenses. For instance, in Madsen’s case, perhaps the breathalyzer test indeed WAS flawed. For instance, maybe he was suffering from diabetes or on a special low-carb or low-calorie diet, in which case the ketones on his breath might have artificially escalated his BAC readings.

In any case, the team here at the Kraut Criminal & DUI Lawyers in Los Angeles has the capability, experience, and wherewithal to help you construct an articulate, effective defense. Get in touch with Attorney Kraut and his empathetic, experienced team today for a free consultation.

November 30, 2012

Two Different Men Each Rack Up Their Ninth DUIs: Are You Also on the Verge of Getting a Multiple Pasadena DUI Conviction?

by Michael Kraut

When you recently got pulled over and arrested for a Pasadena DUI, you cringed at the feeling of déjà vu. This was not your first arrest for such a crime, and you remember how emotionally fraught and exhausting the 1st rehabilitation was for you.

If you get arrested and convicted for driving under the influence in Southern California multiple times, a rapid and a terrifying escalation in your punishments can ensure. For instance, the first time you get a standard Pasadena DUI, you might face fines and fees, some jail time, forced alcohol classes, and a CA license suspension. All very unpleasant stuff, to be sure.

But if you collect 3 DUIs within 10 years, prosecutors can leverage the law to transform what would ordinarily be a misdemeanor into a felony count!

This means that you could go to jail for over a year — instead of for just a few days — for the same exact crime… just because you’re a recidivist.

Notwithstanding the consequences that can ensue if you break Pasadena DUI law multiple times, some drivers just can’t help themselves. In fact, last week not one but two different Montana men made national news over their ninth DUI charges.

Up in Billings, 51-year-old James Alan Tate, pled guilty to misdemeanor and felony DUI counts as well as charges of driving without a license and driving without insurance. Local police in Billings, Montana stopped him on October 10 at South 28th Street and gave him a breath test. He allegedly scored an incredibly high BAC of 0.361%. That’s over 4.5 times the legal limit for Pasadena DUI, per California Vehicle Code Section 23152, which makes it a crime to drive with a BAC of just 0.08% or above. Tate had been convicted of DUI eight times between 1985 and 2011. He will be sentenced on January 24.

Meanwhile, out in Polson, Montana, 45-year-old Todd Burland faces his ninth DUI charge, after he led local police on a car chase on US Highway 93. The “fun” ended when Burland drove into Flathead Lake. Amazingly, the suspect still had some fight in him — he tried swimming away from police officers, who had to don water gear to fish him out of the lake and arrest him. He faces not just a felony DUI charge (ninth offense) but also charges of violating his probation.

You obviously want to deal with your issues before they escalate any further. The team here at the Kraut Criminal & DUI Lawyers in Pasadena can help you understand your defense options and construct a strategic response not just to the present charges but also to the long-term crisis in your life that’s led you towards recidivism.

Attorney Kraut is a former prosecutor who is deeply sympathetic to the Pasadena DUI defense experience and who is well schooled in the methods and tactics of prosecutors. His unique vantage – combined with his Harvard Law School education – can give you an excellent chance of success.

November 28, 2012

Driving Under the Influence in Southern California: You’re Doing it Wrong

by Michael Kraut

As someone who was recently booked for a charge of DUI in Southern California, you probably feel somewhat reluctant to criticize other people who’ve been arrested for the same crime. But it’s a myth that all DUI crimes are ‘equal.’ In fact, DUIs are far more diverse than the public realizes. Typical defendants include high profile politicians, celebrities, and recidivist offenders who’ve been busted/convicted multiple times and possibly even caused harm to people multiple times.

Point is: don’t paint Los Angeles DUI defendants with a broad brush.

In light of that, it’s enlightening to look at a crazy story out of Temecula, where 53-year-old Marlies Petersen got arrested for driving under the influence on the 5 after she tried and failed to make an illegal U-turn on the freeway – twice! – and hit the median strip both times.

The CHP responded to a motorist’s 911 call around 2 in the afternoon on Monday, when someone saw Petersen allegedly weaving her Ford pickup truck around. A local officer who responded, Nathan Baer, told news outlets that the ‘Ford F150 pickup stopped in the center median of northbound Interstate 5 and made a left turn.” Astonishingly, the driver tried to drive through the wall at low speeds and failed. Baer reported that she then ‘backed up and attempted to drive through the concrete median wall, also known as a K-rail, a second time the pickup became stuck in the soft dirt.’

A witness, Dave Iverson, ultimately managed to get Petersen to stop trying to reverse – and potentially put her life and lives of others in danger – and hand over the keys. A CHP officer said that Petersen exhibited extreme symptoms of Southern California DUI. Officer Baer said that she appeared ‘highly intoxicated and had difficulty standing and walking on her own.’

Although those are classic symptoms of Southern California DUI, vertigo and difficulty speaking can also be caused by a variety of other problems, including psychological trauma, bad reactions to medications, etc. – all which can be exacerbated by some alcohol consumption.

Trying to piece together your Los Angeles DUI defense puzzle
Ms. Petersen’s ordeal is a powerful illustration of how desperate and confused people can get after they make mistakes behind the wheel. If you are in a metaphorical ‘hole,’ your first step should be to stop digging. Rather than make your DUI defense more complicated and less certain, take strategic steps to understand exactly what you are up against and to develop a plan to respond more mindfully to the charges.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles is a highly regarded Southern California DUI defense attorney with years of experience on both the defense and prosecutorial side of things. Mr. Kraut and his team would be happy to provide a free consultation to help you develop a thorough plan of action regarding your DUI defense strategy.

November 21, 2012

Driving Under the Influence Charge for Bobby Brown: A Terrible, Horrible, No Good, Very Bad Year for ‘My Prerogative’ Singer

by Michael Kraut

2012 will not go down as a very good year for recording artist Bobby Brown, who just got arrested (yet again!) for driving under the influence in Los Angeles, several months after losing his former beloved, Whitney Houston.

The 43-year-old Brown pled no contest to a DUI charge back in March and managed to get himself out of rehab in August. Just weeks after getting out of rehab, however, he got stopped in the Topanga area: the celebrity gossip website TMZ reported that Brown had been seen weaving between lanes. The strange behavior prompted a police cruiser to stop him under suspicion of driving under the influence of alcohol. He also exhibited symptoms of LA DUI and had an odor of alcohol. He failed his field sobriety tests and got booked into a jail in Van Nuys.

Brown was released on his own recognizance. Hopefully, he’ll get the help he needs to manage his multiple crises. On top of dealing with the DUI charges and the death of his ex-wife, Brown also received a tepid reception to his new album — the first he released in over a decade and a half.

Multiple stresses can lead to helplessness
One of the most common beliefs about alcohol addiction is that drivers who drive DUI when they ‘know they shouldn’t’ are somehow ‘giving in’ and behaving in a weak manner. Alternative theories about addiction, however, suggest that the drive to consume alcohol or drugs — or engage in other reckless, negligent, or dangerous behaviors — may stem not from a weak constitution but rather from a distorted drive to reassert control in a chaotic world.

Think about your own life. Think about your own Los Angeles DUI arrest. How did you feel in the days and hours leading up to your arrest? Did you feel completely in control of your life? Or did you feel out of control and helpless? Odds are, you felt that latter.

This is an important revelation, since it suggests that drivers who are arrested for crimes like DUI may need help gaining control over their lives and becoming more empowered. Instead, they are often counseled to ‘surrender’ their power and beat themselves up. The criminal justice system certainly assists in this negative regard by condemning drivers to punishments that may or may not fit the crime.

All of this is not to say that you may not bear culpability for what happened – or responsibility for your life.

However, it may be misguided to treat your problem as a simple problem of “lack of will.” The diverse forces that motivate your behaviors, actions, and habits can be complex stuff, indeed. These forces can touch upon psychological factors as well as physical factors.

What you need now is a thorough, comprehensive strategy to assess where you are at, legally speaking and otherwise, in the wake of the DUI arrest.

Get in touch with Los Angeles criminal defense lawyer Michael Kraut of the Kraut Criminal & DUI Lawyers for effective, compassionate, and insightful guidance regarding your charges and your life in general.

November 12, 2012

Police Trooper’s DUI Debacle: Could Something Similar Have Happened with Your Burbank DUI Case?

by Michael Kraut

When the police officer arrested you for driving under the influence in Burbank, you were perplexed – shocked, even. Perhaps you hadn’t been drinking that much. Perhaps you hadn’t been drinking at all! But the police officer said that you failed your field sobriety tests and/or that you registered positive for Burbank DUI per a breathalyzer test (BAC greater than 0.08%, as defined by California Vehicle Code Section 23152(b)).

Despite the seemingly incontrovertible evidence to the contrary, you maintain your innocence – or at least you believe that the arrest and/or the charges you face are not quite fair.

They may be, or they may not be. Only a thorough inspection of the evidence can determine the truth, either way. However, if you suspect that the arresting officer mistreated you or misbehaved in some fashion, you may not be delusional. Consider, for instance, some amazing – frankly, terrifying – news out of the state of Utah. A Utah Highway Patrol Trooper, Lisa Steed, is on the verge of being fired, after two separate judges found that she lied on the witness stand when testifying about drug possession and DUI cases.

According to the Salt Lake Tribune, Steed’s trustworthiness has been under fire since April, when a Third District Judge concluded that she suppressed evidence and lied during a case. Another judge, in the Second District, also said that she suppressed evidence, prompting the prosecutor in that county to abandon prosecuting any DUI cases in which Steed had been a substantial witness.

The Salt Lake Tribune also reported on a memo from back in 2010, which found that Steed had provided conflicting info regarding lab results and arrest reports.

That memo also insinuated that Steed arrested four drivers with no drugs or alcohol in their system!

The story serves as a red flag: bad police behavior like this can happen in any city, under any circumstances. This obviously isn’t to say that the officers who arrested you acted inappropriately. That’s possible, but it’s not necessarily likely.

The bigger takeaway lesson is that Burbank DUI defendants can benefit from having a thorough, effective advocate examine evidence from multiple angles and probe to see whether an idiosyncratic factor – such as police incompetence or deliberate suppression of evidence – may have played a role.

Attorney Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers has spent years fighting Southern California DUI cases from both the prosecutorial and the defense side. His diverse background allows him to develop and execute powerful and highly effective defenses for his clients.

October 15, 2012

Long Beach DUI Lessons from Scary Injury Crash in Rancho Cucamonga – Three High School Girls Hurt

by Michael Kraut

If you injured someone while driving under the influence in Long Beach or elsewhere in Southern California, you likely feel tremendous regret and panic. Whether the accident was your fault or not – or only partially so – you are probably confused about your legal rights, and you want to know what you can do to protect yourself.

Consider the following news item to help place your arrest into context.

Last week, in Rancho Cucamonga, 29-year-old Cory Holker apparently lost control of his silver Toyota Camry on Base Line Road as he tried to pass another car. The Camry flipped over a curb, smashed into a tree and spiraled around and hit three Alta Loma High School girls – two freshman and one sophomore. A local resident heard the accident and the screams and called 911. All three girls were taken to the hospital with injuries – and one had to be pried out from underneath the car – but fortunately, all three are expected to survive.

Holker, on the other hand, faces a difficult road ahead of him, legally speaking.

He allegedly failed a breathalyzer test at the scene – and even though Long Beach DUI breathalyzer tests are notoriously unreliable, as we’ve talked about many times on this blog, it’s still not a great piece of evidence for him to “explain away.” In addition, he was cited for speeding, failing to wear a seatbelt, and following another car too closely. Holker also has a substantial record of citations, and he now faces a felony Southern California DUI count as well.

When most people read stories like these in the news, they immediately feel empathy and sympathy for the victims – as well, they should. It’s easy for the not-involved to demonize DUI drivers, especially drivers who hit and hurt other people who do other ìdumb/illegal stuffî while DUI. But it’s important to be compassionate – not just towards victims, but also towards defendants. The reality is that there is often much more to most Long Beach DUI cases than meets the eye – or that can be conveyed through a simple news blurb or blog post.

Consider your situation, for instance.

Even if you believe that you were in the wrong or guilty of DUI or other driving-related crimes, odds are you do not see yourself as a cartoonish villain or in morally black and white terms. Your situation is complex, and you’d like a little bit of compassion as you struggle to understand what motivated you, what you can do in the future to prevent getting into similar situations, and what you might be able to do to repair any harm that you may have accidentally caused.

The team here at the Kraut Criminal & DUI Lawyers has tremendous experience and a unique perspective on Los Angeles DUI cases.

Attorney Kraut is a Harvard Law School educated ex-prosecutor – he spent the bulk of his career prosecuting DUI cases – and that experience gives him a powerful and informed perspective on the whole process. It’s helped him to be a more effective and intuitive Long Beach DUI defense attorney. Find out more about Attorney Kraut’s credentials and record for service here on this site, or get in touch with his team today for a confidential consultation about your defense options.

October 3, 2012

Please Don’t Say That Your Burbank DUI Arrest Involved Speeds over 120 Miles Per Hour and Small Kids in the Back…

by Michael Kraut

Your recent arrest for driving under the influence in Burbank may have been humiliating, scary, and overwhelming. But hopefully you did not behave as carelessly as 25-year-old Derek L. Greene allegedly behaved. The Rhode Island native was arrested last Sunday night, after local police saw him speeding at 120 miles per hour on Interstate 95, with three kids in the back, ages 2, 3, and 4. Local troopers busted Greene for reckless driving and also tagged him with a DUI charge.

Your situation: uncomfortably similar to Greene’s?

If you just got stopped at a routine Burbank DUI checkpoint and busted for driving slightly over the limit, as defined by California Vehicle Code Sections 23152 (a) or 23152 (b), you might not put yourself in the same ìclassî as Greene. But be careful about ìexonerating yourselfî too quickly. When you drive recklessly – drive while on a cell phone, drive while fatigued, drive while DUI in Burbank, whatever – you’re not just affecting your own fate and the fate of your passengers. You’re potentially impacting strangers on the roads, including small children. So although you might not have driven 120 miles per hour with three small kids in the back – an obvious no-no in everyone’s book – you potentially committed a similar form of intransigence, only more indirectly dangerous.

The question before you now is: how do you clean up from your Burbank DUI arrest?

Obviously, prosecutors can hit you with a battery of charges, ranging from jail time to forced alcohol school to mandatory installation of an interlock ignition device in your car to huge fines and fees and so forth. And all of these punishments can have their own indirect repercussions. For instance, if you lose your California license, how will you get to work or school? How will you live your life?

You need to consider the legal implications – and your needs might be best met by connecting with the team here at Burbank’s Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is a phenomenally experienced Burbank DUI criminal defense lawyer. After being educated at Harvard Law School, Attorney Kraut spent years (14+) working as a city prosecutor. His deep and diverse background helps him to provide extremely thorough and strategic assistance for his clients.

But beyond the immediate implications of your DUI in Burbank arrest, you also may want to think about what the event means in broader terms for your life, safety, and well-being.

For instance, maybe you were unfairly arrested – the breathalyzer test yielded a false positive, and you want to challenge that. If so, the team at the Kraut Criminal & DUI Lawyers can help.

But what if this was your fifth arrest for Burbank DUI? What if you’ve gotten in trouble with the law before? If so, you might benefit from some introspection. What created the problems in your life? What can you do to take responsibility and solve your personal crises, so you can avoid getting in trouble in the future and start to build towards the life that you want?

September 19, 2012

Even President Obama Cannot Save Amanda Bynes from Los Angeles DUI Charges

by Michael Kraut

Actress Amanda Bynes, star of Easy A and What I Like About You, has encountered some serious Los Angeles DUI troubles.

The CA Department of Motor Vehicles officially stripped her license last week, and prosecutors also formally hammered her with double hit and run counts. Bynes allegedly caused two accidents:

One where she banged in the back of a woman’s Toyota and then drove off, after she unilaterally “assured” the woman that no damage had been done;
One where she smashed into a sheriff’s patrol car with her BMW.

If convicted, Bynes could face up to half a year in jail and a fine of $1,000… on top of the full year license suspension.

Bynes’ response to her April Los Angeles DUI arrest earned her an additional few 15 minutes of fame. First, she refused both the breathalyzer and field sobriety tests, claiming “I don’t drink.” Secondly, and perhaps more infamously, she twittered her case to President Barack Obama: “Hey @BarackObama… I don’t drink…. please fire the cop who arrested me. I also don’t hit and run. The end.”

Bynes has denied any wrongdoing, and she has accused critics in the media of “writing fake stories about me.”

Although many did mock Bynes’ press strategy after her Obama tweet, her angry/impetuous reaction is not uncommon. In fact, most DUI in Los Angeles defendants struggle to communicate their situation to friends, family members, co-workers/clients and the public at large. It’s easy to overreact or underreact — to allow your reputation problems to consume you and to fall victim to additional stress, anxiety and potential legal trouble.

The best antidote to the confusion/frustration is to get strategic representation from a respected Los Angeles DUI criminal defense attorney. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers worked as a prosecutor of DUIs and similar cases for the city for nearly 15 years. Prior to that, he attended Harvard Law School.

His sharp but compassionate approach to DUI defense may be just what you need to get your life back in order and to deal with your myriad stresses and potential punishments.

July 23, 2012

Long Beach DUI News: Ugh, Yet Another Revered Sports Celebrity Busted for DUI – This Time It’s Jason Kidd of the New York Knicks!

by Michael Kraut

Everybody knows that you’re not supposed to drive under the influence in Long Beach or anywhere else in the country.

Yet it seems like sports celebrities, in particular, have been forgetting this fundamental rule.

In a recent post, we talked about the rash of recent NFL-related DUIs. Today, we’re going to go to a different sports league — the NBA — and take a look at the arrest of Jason Kidd, a celebrated guard for the New York Knicks. According to repots, Kidd piloted his Cadillac Escalade into a telephone pole in South Hampton, New York and then continued to blaze a trial into the woods. The 39-year-old Kidd was taken to a local hospital (South Hampton Hospital) for treatment for his minor injuries and also tagged with a misdemeanor DWI charge. Kidd recently signed a three year contract with New York – worth $9.5 million. He is a 10 time NBA All Star.

Not exactly role model behavior.

Kidd apologized to his fans via his Twitter account: “I regret any disruption my accident last weekend may have caused members of the community and want to thank the local authorities… I’d also like to thank my family and friends for their support.”

Why are so many NFL players, NBA players, and other sports figures getting arrested for crimes like driving under the influence in Long Beach and elsewhere in the Southland?

The answer could be diverse. It could have to do with high adrenaline living that characterizes many sports celebrities. It could have to do with a lack of proper education about the dangers of DUI or how to prevent it. Unfortunately, there is lot of misinformation – and a lot of condescension – with respect to DUI out there.

If you or someone you care about was recently arrested and charged with DUI in Long Beach, you will likely encounter some serious friction – not only from the authorities but also from friends and family members who should support you better.

Defining and building an effective DUI defense means getting the right people “on your team.” Long Beach DUI defense lawyer Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) is an esteemed, experienced attorney who can talk to you about your case and help you develop a sound defense to get your life back together.

Connect with Attorney Kraut – a Harvard Law School educated former city prosecutor – today to being your path to a more sober and safe future.

July 12, 2012

Just How Dangerous is it to Drive DUI in Los Angeles on the 4th of July?

by Michael Kraut

Independence Day has come and gone – and whether you or someone you love got arrested for DUI in Los Angeles over the holiday or after all the celebrations died down – you may find it useful to understand your situation in a broader context, so you can put forward the most effective and appropriate defense.

To that end, did you know that 4th of July is single most deadly holiday of the year with respect to driving under the influence? July 4th “beats out” New Year’s Day, Memorial Day, Christmas, Thanksgiving, Labor Day, President’s Day, you name it, according to 25 years of statistics parsed by the wonks at the National Highway Traffic Safety Administration (NHTSA). More than half of fatal July 4th crashes, on average, are related to alcohol.

The latest NHTSA statistics, which date back to 2010, found that during the three-day 4th of July weekend that year, 491 people died in auto accidents – 42% of fatalities were suspected DUI related. Meanwhile, during a four-day New Year’s period that same year, only 423 people died – a similar percentage, 41%, were suspected DUI related.

NHTSA statistics show that nights and weekends are the most dangerous times to drive. Researchers suspect that the reason why more 4th of July fatalities happen is that people know that New Year’s is a dangerous time to drive, so they know to stay off the roads; whereas the 4th of July is kind of a hidden danger – not many people realize that it’s a bad time to be on the roads.

All these statistics aside, you and your family need accurate and strategic guidance designing your Los Angeles DUI defense (Local: (323) 464-6453 Toll Free: (888) 334-6344). Connect immediately with the Kraut Criminal & DUI Lawyers for a confidential and thorough case evaluation. Attorney Kraut is very well-known and highly respected Los Angeles criminal defense attorney who spends a lot of time on DUI cases, and he can help you make better decisions and maximize your chances for getting good results.