Los Angeles DUI Criminal Defense

May 7, 2014

Since When Are There ATM Machines on Railroad Tracks?

Drivers arrested for DUI in Los Angeles (and elsewhere) often engage in bizarre actions that make them fodder for mockery in the blogosphere and, occasionally, the late night talk shows.

To wit, consider a rather bizarre case out of Chicago, where 26-year-old Maria E. Segura was arrested for two DUI, after she drove her Chevy Cavalier onto a bunch of railroad tracks near the 3300 Block of Harlem Avenue.

A police officer spotted her at around 4 in the morning on the Burlington Northern railroad tracks. After seeing the vehicle bizarrely start rolling down the tracks, the officer called his dispatch to shut down rail traffic, so that there wouldn’t be an awful collision. Then he drove up to the Cavalier and stopped the vehicle. The woman allegedly smelled strongly of alcohol, and she could barely articulate herself to the officer.

She was reportedly put through the paces of a field sobriety test – which might have included:

•   The walk the line test (where you have to walk across a painted line… or the side of a railroad track… without losing your balance);
•   The horizontal gaze nystagmus test (where an officer shines a light in your eyes to determine how your pupils respond to light);
•   The count backwards by 3s test (where you try to count backwards from 100 by 3s – a test of your of cognitive impairment);
•   The finger to the nose test (where you stick out your arms on either side, close your eyes, and try to touch your nose with your fingers — when you are under the influence, your ability to coordinate this act is undermined)

Segura told the officer that she had been looking for an ATM – a bizarre explanation, obviously. She was booked at a local station and tested to have a BAC level of 0.209 – more than 2.5 times the legal limit in Chicago and here in Southern California of 0.08 percent.

In addition to confiscating her 1996 Chevy Cavalier, authorities hit her with two DUI counts, a charge of driving without insurance, a charger of driving on a suspended license, and another charge of driving in the wrong lane.

Do you need help with your case? If so, contact a DUI defense lawyer with the Kraut Criminal & DUI Lawyers today to schedule a confidential and free consultation with our team.
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April 16, 2014

Finding a “Good Enough” Los Angeles DUI Attorney Amid the Unbelievable Amounts of “Noise Pollution” Online

by Michael Kraut

As you research prospective Los Angeles DUI attorneys, you’re bound to stumble across many, many different blogs and websites of potentially viable candidates.

Some sites may look austere, dry and professional. Others may be far more involved and feature lots of multimedia whiz-bang business – video tutorials, white papers, in-depth free online slide shows, etc.

Unfortunately, the most effective DUI attorneys don’t necessarily have the most spectacular websites, and vice versa. There are some excellent attorneys who just don’t have the time/energy/need to build a massive online presence, because they get tons of business through referrals or through a minimalist online marketing system.

So where does that leave you, as you try to sift through the noise?

Obviously, since this is a DUI blog run by a particular law firm (the Kraut Criminal & DUI Lawyers), we can’t exactly offer objective guidance! But there are some universally sound ways of vetting prospective attorneys. For instance:
•   Look at both objective and subjective measures of success. For instance, has the attorney won plaudits not just from past clients but also from objective third-party sources?
•   Can the lawyer or law firm recite impressive statistics (such as the fact that Mr. Kraut can say that he achieved over 99% success rate at jury trials, while serving as a criminal prosecutor)?
•   Have there been any business or ethics complaints against the firm?
•   Is the firm willing to provide a free and confidential consultation?

No vetting process is perfect. Given the nature of your case, many different attorneys may be up to the task of dispatching your matter effectively. But remember: your goal is to pass the “good enough” threshold. For a very minor matter, many lawyers might be up for the job. For more complex situations, your choice of attorney might matter more — a lot more, in fact.

What may appear to be a minor case could turn out to be something major. So that’s the tricky part! For instance, let’s say that police stopped you on Santa Monica Boulevard, after you and some friends had been partying, and cited you with a misdemeanor Los Angeles DUI charge. You didn’t hurt anybody. You didn’t fight with police. There was no additional “drama.” But the simple nature of your case may be an illusion. As your attorney delves into the evidence, he may find that the police behaved unconstitutionally, and your case may hinge on his ability to prove some obscure, very complex point of constitutional law.

Given the high stakes you face – the potential for jail time, massive fines and fees, and restrictions on your freedom and California drivers’ license – your attorney’s ability to find and debate that subtle piece of constitutional law suddenly takes on a whole new meaning.

The point is this: take your time. Do due diligence, and really investigate potential legal resources. Feel free to connect with Harvard Law School educated, ex-prosecutor Michael Kraut today for a free, thorough, and confidential consultation about your Los Angeles DUI defense. You can trust the Kraut Law Firm for ethical, resourceful insight.
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April 9, 2014

Suspected DUI Driver Severely Injures Veteran LAPD Officer

by Michael Kraut

Some really sad Los Angeles DUI news out of Sun Valley — a veteran LAPD officer suffered massive injuries following a weekend crash. He is reported to be in “very critical condition” at the Providence Holy Cross Medical Center, and 100 police officers and members of the community have donated blood in an attempt to aid his treatment.

Valley Traffic Division Commanding Officer, Maureen Ryan, reported that “he has spinal injuries. They are trying to stabilize to get him ready for a serious surgery regarding his back.”

According to reports, a woman driving a Chevy Blazer hit his motorcycle from behind. Her driver’s license had expired nearly 10 years ago, and authorities later arrested her for drug DUI. Ryan said that “it’s ironic. It’s tragic. This woman chose to drive while being impaired. That’s why we are out there, to save lives.”

On Saturday evening, the 26 year veteran officer had been stopped at a red light, when a Chevy Blazer traveling southbound failed to see light and smashed into the motorcycle, crushing the officer against a Honda Accord that had stopped in front of him. The 33-year-old driver, Qaneak Cobb, is being held at the Van Nuys jail on $185,000 bond.

Per Los Angeles Superior Court records, Cobb has a significant criminal history, including charges that she possessed narcotics and a theft conviction. She was also driving on a license that had expired way back in June of 2005.

Our hearts and prayers go out to the brave officer, and we hope that he pulls through despite the horrific injuries.

In a DUI case in which someone gets hurt, prosecutors can ask to elevate what ordinarily would be a misdemeanor DUI charge (per CVC 23152) to an injury DUI charge (per CVC 23153). Even a misdemeanor charge carries substantial penalties, such as mandatory jail time, mandatory license suspension, forced alcohol school, probation, and (in some cases) forced installation of an interlock ignition device on the offender’s vehicle.

But charges per 23153 are even more intense. Depending on the nature of the alleged crime and what happened to the victim, the offender could face over a year behind bars – perhaps substantially longer.

The team here at the Kraut Criminal & DUI Lawyers can help you build a defense to a Los Angeles DUI injury charge. Call former prosecutor and experienced criminal defense attorney, Michael Kraut, and the Kraut Criminal & DUI Lawyers team today for a confidential assessment of your case.
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January 15, 2014

2,268 Los Angeles DUI Arrests Over Holiday – Up from Last Year – What Does it All Mean?

by Michael Kraut

According to the L.A. Times, police around Los Angeles County arrested 2,268 people over the holiday period for driving under the influence in Los Angeles.
The Los Angeles County Sheriff’s Department said that the crackdown stretched from December 13 through New Year’s Day and involved diverse law enforcement agencies. The 20 day span utilized special saturation patrols, sobriety check points for Los Angeles DUI, and routine patrols. It netted 100 more people than did a similar crackdown during the 2012 holiday season. Authorities called the plan a success and boasted that the number of people busted for DUI in Los Angeles over the period was “significant.” Authorities plan to perform a similar anti-DUI canvasing during the Super Bowl holiday and St. Patrick’s Day weekend.

Taken out of context, the spike in number of Los Angeles DUI arrests may sound alarming. Are anti-DUI messages not resonating? What’s going on?

When analyzing statistics, you need to be careful to avoid over-interpreting data. Arrest numbers can vary due to random statistical noise. In other words, there may not be a “cause” for the fluctuation – randomness just happens. In fact, at one point over the holidays, CBS Los Angeles reported that seasonal DUIs were on a decline. Here’s a key quote from cbsla.com “the CHP tracked DUI related arrests from 6:01 PM Tuesday through 6:00 AM Wednesday and arrested 76 people in Los Angeles County during that time. During the same time last year, CHP officers arrested 86 people.”

The moral here is clear: statistics without context don’t lead to meaning. You need a guide to the Los Angeles DUI defense process that you can really trust. The good news is that former Deputy District Attorney, Michael Kraut, is standing by to help you make sense of what you’ve been through and plan a strategy to protect your rights.

January 8, 2014

Los Angeles DUI Reputation Management, Part-II: Will Your DUI Always Be One of the First Things That Shows Up on Google?

by Michael Kraut

If you Google your name right now, does the search engine return results like the following?

“Jane Doe was arrested for driving under the influence in Los Angeles, Thursday night, when her Honda Civic hit a police cruiser at the intersection of Wilshire and Santa Monica Boulevard.”

If so, you don’t just have a tough legal case – you also have a reputation management problem.

December 13, 2013

Los Angeles DUI Legal Update: National Transportation Safety Board wants BAC Cutoff Dropped from 0.08% to 0.05%

by Michael Kraut

As regular readers know, the Los Angeles DUI limit, as defined by California Vehicle Code Section 23152(b), is 0.08% BAC, as it is for most of the country.

However, that might all be about to change, thanks to a new initiative spearheaded by the National Transportation Safety Board (NTSB). According to the NTSB Chairman, Deborah Hersman, “most Americans think we have solved the problem of impaired driving, but in fact, it’s still a national epidemic … on average, every hour one person is killed and 20 more are injured.” Investigators want to alter the recommendations to reduce alcohol impaired crashes, citing research that suggest that cognitive and visual impairment begins to decline at a BAC of 0.05%, rather than at 0.08%. The NTSB also says that America is behind the pack: over 100 countries worldwide have their BAC max set at 0.05% or lower.

It’s understandable why the NTSB wants to crack down and enforce more draconian Los Angeles DUI rules. But let there be no doubt – at least compared to the current paradigm, the measures the safety board wants to pass are, indeed, draconian. They include:

• Mandatory installation of interlock ignition devices (IIDs) for all offenders (currently, only one in four DUI offenders, nationwide, gets an IID);
• Stricter compliance with IID rules;
• The Board wants to boost the number of high visibility anti-DUI enforcement efforts, such as saturation patrols and sobriety check points;
• The NTSB wants police in Los Angeles and elsewhere to utilize passive alcohol sensors to look for alcohol in the ambient environment.

The NTSB and other concerned groups cite scary facts. Some statistics suggest that people who are under the influence of alcohol cause 60% of all wrong way accidents. Check out the report for yourself at http://go-usa-gov/Te: “reachingzero:actionstoreducealcoholimpaireddriving.”

The NTSB and the National Highway Traffic & Safety Administration (NHTSA) want to help states like California improve the effectiveness of their anti-DUI programs by finding and communicating best practices.

But not everyone is on board with the proposed changes to Los Angeles DUI limits.

The American Beverage Institute’s Managing Director, Sarah Longwell, lashed out against the NTSB’s recommendations, calling them “ludicrous.” She told reporters “moving from 0.08% to 0.05% would criminalize perfectly responsible behavior … further restriction of moderate consumption of alcohol by responsible adults prior to driving does nothing to stop hardcore drunk drivers from getting behind the wheel.”

Per government statistics, if you’re at or above 0.08% BAC, you’re 169% more likely to get into a crash than a sober driver would be. But if you’re at 0.05%, you’re just 38% more likely. That may make the NTSB’s case seem bulletproof. But consider that drivers who do not sleep for 24 hours are at least as impaired as Los Angeles DUI drivers.

By that logic, should we criminalize “insomniac driving” the same way that we criminalize DUI? If not, why not? After all, studies show that driving while exhausted is just as dangerous as driving DUI.

It’s easy to gin up moral outrage at DUI driving. Obviously, it’s a problem that any responsible Los Angeles DUI defense attorney wants to stamp out as well. We all want to drive on safer roads and protect ourselves, our friends, and loved ones. The question is: how do we do this? What laws and rules and societal norms should be adopted and enforced? Furthermore, HOW should those rules and norms be enforced?

If you’ve recently been arrested for driving under the influence in Los Angeles, these questions are far from theoretical for you. Fortunately, the Kraut Criminal & DUI Lawyers in Los Angeles is standing by to provide sensible, accurate Los Angeles DUI defense help. Connect with us today for a free consultation with an experienced ex-prosecutor.

November 17, 2013

Burbank DUI Sports News: Saints WR Joe Morgan Busted in Jefferson Parish

by Michael Kraut

Joe Morgan, a wide receiver for the New Orleans Saints, was arrested recently for driving under the influence (not in Burbank) but in way out in Jefferson Parish, Louisiana.

The 25-year-old had been driving without a license on Earhart Expressway. when his vehicle became disabled. A state trooper found Morgan asleep in his car, near Causeway Boulevard. The trooper woke up the football star and asked him to get out of the vehicle. Police said that Morgan appeared intoxicated: he swayed on his feet, smelled of alcohol, and had bloodshot eyes. As regular readers of our Burbank DUI blog know, those are the precise symptoms that indicate that someone’s been driving under the influence in Burbank.

Other common symptoms include:

• Acting in an emotionally volatile manner;
• Telling contradictory stories;
• Failing field sobriety tests, like the stand on one leg test, the horizontal gaze test, the walk the line test, and the count backwards by 3s from a 100 test.

Police also use more “scientific” methods to determine whether you’re drivingDUI in Burbank. But even blood tests and breathalyzer tests are not fool-proof. Errors, mis-calibrations, misinterpretations, and misreporting can throw off results substantially.

Getting back to Morgan’s case…the trooper arrested him after finding that his blood alcohol concentration was 0.218%. That’s 2.5 times the Burbank DUI legal limit (as defined by CVC 23152(b)). Morgan was booked at Gretna Jail and released later after making a $1,150 bond.

When public figures, like professional football players, break Burbank DUI laws, they are often excoriated in the news. That’s understandable. Sports figures and celebrities are role models. When they break the law, it leaves a bad taste in the public’s mouth. Of course, there’s an incredibly diverse spectrum of DUI offenses, ranging from the obviously egregious and terrifying to the “innocent and just barely across the line.”

What to Do about Your DUI Defense in Burbank
First of all, no matter what happened, you’re entitled to a sound and fair defense. The team here at the Kraut Criminal & DUI Lawyers can help you effectively strategize to protect your rights and maximize your chances of a positive outcome. Attorney Kraut is by no means an apologist for DUI drivers. In fact, he worked for 14 years as a prosecutor, during which time he actively and passionately prosecuted crimes like DUI.

In fact, police officers often call on attorney Kraut at the Kraut Criminal & DUI Lawyers for help when their close family and friends need help with issues like Burbank DUI defense. Get in touch with the Kraut Criminal & DUI Lawyers today. We can help you understand your rights and advocate for a successful outcome in your case.

October 2, 2013

Got a Los Angeles DUI After Something GOOD Happened to You? You’re Not Alone. Look What Happened to Armonty Bryant…

by Michael Kraut

Your Los Angeles DUI came at a strange time. After years of struggling to achieve some goal – perhaps a raise at your job, a successful relationship, or the conception of a child – you finally “broke through” and “made it.” For instance, maybe after sweating away, writing spec screenplays for 10 years, you finally optioned an original creative work to a big studio.

Given the great news in your personal or business life, an outsider might think that you’d be at minimal risk for doing something dangerous and destructive, like driving under the influence in Los Angeles.

But sometimes, rapid positive change can stimulate destructive behavior, just like unexpected negative change can do.

That sounds paradoxical, so let’s take a look at example.

In early May, Armonty Bryant, a new defensive end drafted by the Cleveland Browns, got arrested near East Central University in Oklahoma and charged with DUI. Per the police report, he made a left without signaling, attracting the attention of a police officer. The officer tried to get Bryant to take a breathalyzer test 10 separate times before the athlete agreed. Both Bryant and his passenger got arrested.

Bryant is no stranger to legal trouble. In 2012, police arrested him for felony distribution of marijuana in a school zone, a charge to which he pleaded no contest. Cleveland nevertheless chose him in the seventh round (217th pick overall) because, as the Browns coach put it “[he has moved] passed the mistakes that he has made and he’s ready to move on. He has matured.”

Bryant even released a statement about his past activities, shortly after the draft: “I feel like it was just a stupid move on my part. I should have been more mature about the situation and more focused on football, which is something I really want to do with my life. Now that I’ve gotten that second chance, I feel like I won’t let anyone down.”

Given that Bryant had turned his life around – he went from nearly-going-to-jail to playing-in-the-NFL – why on Earth would he have jeopardized everything by driving DUI?

This brings us back to the earlier point, which is that stressful events (even positive, exciting events) can lead us to take dangerous actions.

It’s not necessarily that we “get lost in the celebration of the moment” but rather that the wrenching changes caused by big life events (positive and negative) can make us feel helpless and out of control.

So what can you do, now that you’ve been hit with a Los Angeles DUI?

The team here at the Kraut Criminal & DUI Lawyers in Los Angeles has extensive experience helping people like you move beyond their mistakes and fight charges vigorously.

Mr. Kraut is a former very high level prosecutor. He rose to the ranks of Senior Deputy District Attorney for L.A. He can help you figure out exactly what to do next, so you can start the process of putting your arrest behind you.

September 18, 2013

Los Angeles DUI Crackdown Nets Over 1,500 Arrests in Two-Week Period

by Michael Kraut

Over 100 anti-Los Angeles DUI operations throughout the county led to over 1,500 arrests in a 13 day span stretching from August 16th through Labor Day weekend.

The Sheriff’s Department said that the total number of arrestees – 1,546 – was up over last year’s numbers (1418). Police coordinated 100 different agencies throughout the Southland to deal with the problem of late summer DUI driving.

Per the Sheriff’s Department: “this Labor Day holiday weekend, extra DUI saturation patrols and DUI checkpoints were deployed in multiple cities in Los Angeles County.” Some of the cities where these DUI checkpoints took place include: Inglewood, Pasadena, Redondo Beach, Vernon, East Los Angeles, Santa Fe Springs, West Valley Area, 77 Street Area, Malibu, Norwalk, Pomona, St. Gabriel, Whittier, El Monte, Long Beach, Torrance, Antelope Valley, West Los Angeles, Rampart Area, Northeast Area, Devonshire.

September 16, 2013

John Clark Gable, Son of Screen Icon Clark Gable, Charged With DUI Malibu. He Allegedly Hit 6 Cars and Left the Scene!

by Michael Kraut

Not every celebrity Malibu DUI story is as crazy as Mel Gibson or Nick Nolte’s.

But strange stuff seems to happen out there on PCH – often involving the most legendary icons of Tinsel Town. To wit, John Clark Gable – son of “old school” film star Clack Gable – was recently charged with DUI in Malibu and hit and run for some crazy driving he did back in April.

Gable netted two misdemeanor charges, after he slammed into six (count them – 1, 2, 3, 4, 5, 6) parked cars on PCH. Law enforcement officials believe that Gable hadn’t consumed alcohol; rather, they think he was under the influence of prescription medications when he passed out behind the wheel.

So what happened?

The story is actually more sobering – and sad – than the tabloid headlines would suggest.

The 52-year-old had been driving his Ford pickup truck while (possibly) on prescription pain medications to deal with a mountain bike related leg injury. Police tested his blood alcohol concentration after the wreck. But his BAC was significantly under the 0.08% cut-off for Southern California DUI. Police representatives also told TMZ, flat out, that they did not believe Gable had consumed alcohol.

But a more major medical problem could have caused the event – an aneurism.

Gable has a history of brain aneurisms –scary incidents in which the blood vessels in the brain balloon. He had one in 2006 and then another in 2009 — problems which required surgery to correct. Aneurisms, particularly un-ruptured ones, don’t necessarily cause fainting, although they can create tunnel vision and induce seizures due to pressure from the build up of blood.

Gable is due in court on September 30th to face charges. If convicted, he could face jail time, loss of his license, and many other punishments.

One big takeaway here is that defendants often make bad situations worse by leaving the scene, fighting with officers, or engaging in aggressive or dangerous conduct, during or after a stop.

But even if you tried to evade officers at a DUI checkpoint or racked up a hit and run charge, all is not lost. You can advocate for yourself smartly by connecting with a seasoned Los Angeles DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a Harvard Law School educated ex-prosecutor with decades of experience with these types of cases.