Los Angeles DUI Criminal Defense

June 3, 2013

DUI in Los Angeles News of the Weird (Part I)

As someone who’s been arrested recently for DUI in Los Angeles, you’re probably not in a “joking” or jovial mood. But you might find it helpful to reflect on the following stories (culled in part from a Funny or Die article from 2010 called “The Six Weirdest DUI Arrests Ever Made”) not only to “feel better” about what you’ve been through but also to understand that crazy, strange stuff happens to everyone.

With that preamble, let’s dive into this catalogue of curiosities…
Weird DUI #1: DUI on a horse, of course!

Several years ago, Colorado police got a shock when they saw local man, Brian Drone, riding a horse through a local strip mall. Turns out, Mr. Drone had consumed a few alcoholic beverages before hopping on his steed, and officers arrested him. This makes sense. We don’t want people to drive DUI in Los Angeles (or anywhere) because they might lose control of their vehicles and cause injuries, property damage, etc. A DUI horse rider could easily wreak havoc and destroy a mall. Probably in the days of horse-drawn wagons — before the emergence of the automobile – “RUI” accidents were all too common…
Weird DUI#2: DUI on a Barbie car – going 3 miles per hour!

Our second ridiculous case comes out of England, where 40 year old Paul Hutton, a Ex-Royal Airforce Aeronautical Engineer, got arrested by police after driving a “souped-up” electric Barbie car at 3 miles per hour near his Essex home.

Mr. Hutton had been showing off for his four children (ages 11-17). He later admitted that he had been a “complete twit” for hopping in the car while being twice the legal limit. (The legal limit for DUI in Los Angeles, as you might remember is 0.08% BAC, per CVC 23152).

Mr. Hutton told the court in Colchester: “I was very surprised to get done for drink-driving, but I was a twit to say the least… I’m in the third year of my electrical engineering course, and it was a little project [I was doing] with my son, who’s doing a car mechanics course…When [the car] was done, I couldn’t resist the temptation to take it out.”

The magistrate who heard the case said that the Barbie car DUI was “most unusual…I have never seen the like of it in 15 years on the bench… The vehicle is not even capable of doing the speed of a mobility scooter and could be outrun by a pedestrian. Taking this into account, we feel we can impose a sentence of a conditional discharge for a period of 12 months.”

Of course, not all Los Angeles DUIs are trivial matters – or laughing matters, for that matter.

For astute, thorough, and ethical assistance with your case, look to Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers. Attorney Kraut has a Harvard Law School education, and he has worked as a City Prosecutor (Senior Deputy District Attorney) and as a highly regarded LA criminal defense lawyer.

May 22, 2013

Criminal Charges for Two Motorcycle Officers Who May Have Lied Under Oath about Los Angeles DUI Stop

by Michael Kraut

Breaking news in a story that has riveted the Los Angeles DUI defense community:

Two LAPD police officers, Phillip Walters and Craig Allen, face charges of falsifying a police report and perjury under oath. The officers were involved in a stop at Highland Park in 2010 as members of a DUI Task Force. A fellow officer, Cecilio Flores, saw a female driver go through two different stop signs, so he pulled her over. Flores said the woman had an odor of alcohol on her and bloodshot eyes – “classic” symptoms of Los Angeles DUI. He radioed Allen and Walters to help him with the stop. (This is technically known as a “hand-off.” In even more colloquial police terms, it’s called a “gimme.”)

Allen and Walters put the woman through a field sobriety test, booked her on charges, and took her to jail. Then Allen started up the paperwork… and that’s where all the trouble began.

According to prosecutor Rosa Alarcon, “[Allen] wrote that he was in the area when they pulled over the vehicle … he didn’t mention Flores.” Walters, for his part, testified at a DMV hearing that he saw the woman driving, when he didn’t.

Walters and Allen said that they both just made mistakes – they didn’t follow procedure correctly. But prosecutors countered that they committed perjury. After the two officers admitted to their errors, Charley Beck, the LAPD’s Chief, released this statement: “I do not believe that their intent was evil, just extremely misguided… the character of our organization is defined by the conduct that we condone. These actions were entirely unacceptable.”

Allen was fired from the force, and Walters remains on suspension from the LAPD. Interestingly – as Allen’s defense lawyer pointed out – “there was no motive… there was nothing to gain” from perjury
Who really knows what happened – why the officers did what they did. But the incident speaks to a broader point, which defendants charged with driving under the influence in L.A. need to understand: DUI arrests often get chaotic. Even observant officers can accidentally (or very occasionally, on purpose) mischaracterize what took place.

The key to building a sound defense, therefore, lies in your ability to examine all relevant evidence critically in context and respond intuitively and appropriately to the charges. That may sound like a tall order. Fortunately, you don’t have to work on this problem by yourself.

The team here at the Los Angeles’ Kraut Criminal & DUI Lawyers is standing by to assist you with your challenging legal situation and help you feel comfortable, focused, and motivated to fight back and move forward with your life. Attorney Kraut is an ex-prosecutor, whose opinions have been featured in the New York Times, Los Angeles Times, KTLA, and other big media.

May 17, 2013

Victory at Supreme Court for DUI Defendant. Los Angeles Defendants, Take Note!

by Michael Kraut

The Wednesday before last, the Supreme Court issued a big decision in a DUI case that Los Angeles defendants should know about.

Justices ruled 8-1 in favor of a Missouri man, Tyler McNeely, concluding that the police should have obtained a search warrant prior to ordering a DUI blood test on him. Justice Clarence Thomas was the sole Justice to rule that a warrantless blood test would have been Constitutional.

The State of Missouri – and the Obama administration – had asked SCOTUS to endorse a sweeping improvement of rule to allow such warrantless DUI blood tests.

Background on the case
As we reported several months ago, McNeely got arrested in Cape Girardeau County, when a local trooper saw his car swerving and speeding all over the road. McNeely already had two DUI convictions, and he refused to take a breath test.

He also bombed out on the field sobriety tests. If you recently got arrested for DUI in Los Angeles yourself, you no doubt are familiar with what he likely went through – the finger to the nose test, the horizontal gaze nystagmus test, the stand on one leg test, count backwards from 100 by 3’s test, etc.

Corporal Mark Winder of Missouri’s State Highway Patrol certainly had enough evidence to ask for a warrant for a blood test. Instead, he took the defendant to a nearby hospital, where a technician took blood for the test – all while McNeely was handcuffed. The results of the blood test were pretty substantial. McNeely’s blood had 0.154% BAC, nearly twice the legal limit for driving under the influence in Los Angeles, as defined as by California’s Vehicle Code Section 23152. Both a Missouri lower court and the Missouri State Supreme Court tossed the blood test results, because they said they violated McNeely’s Constitutional rights against unreasonable search and seizure.

According to the Missouri court, unless delaying could destroy critical evidence (or cause a threat to someone’s life), the police need to get warrants in such cases. In the latest SCOTUS ruling, the eight Justices who penned the majority opinion did not give guidance about when police should (or should not) seek warrants. Justice Anthony Kennedy – writing separately – said that a future case may give the Court a chance to get more in depth.

What does the SCOTUS ruling – and other recent, important DUI law fluctuations – mean for your case?

The SCOTUS situation highlights the fluidity of local and national DUI law. That’s why it’s important to work with an experienced, up-to-speed, results-proven attorney to make sense of what’s happened to you and to build an appropriate defense.

The team here at the Kraut Criminal & DUI Lawyers is ready to help you. Attorney Kraut is a very experienced, highly respected local lawyer who attended Harvard Law School and who worked for over 14 years as a prosecutor before becoming a Los Angeles DUI defense lawyer.

April 1, 2013

Burbank DUI Sports News: David Diehl of the New York Giants Pleads Guilty to DUI Charges, Avoids Jail…

by Michael Kraut

Breaking Burbank DUI sports news — David Diehl, an offensive lineman for the New York Giants, has pled guilty to DUI charges, stemming from a June 2012 accident.

In early 2012, Diehl had been walking around with a shiny new Super Bowl championship ring on his hand. In early 2013, he’ll get to wear a SCRAM bracelet to complement that ring — a considerable step down, in terms of glory and pride.

According to the New York D.A., Diehl crashed his BMW after watching a soccer game at a bar. Police used a breath test to peg him at 0.182% BAC. (For those of you keeping score, that’s over 200% the Burbank DUI legal limit of 0.08%, as defined by California Vehicle Code Section 23152 (b)).

Per the guilty plea, Diehl will get to avoid jail time, provided that he stay out of trouble. He’ll have to dole out some cash — $300 in fines along with $1200 in restitution. And the special SCRAM bracelet will measure his alcohol consumption. Assuming he passes his six-month discharge program with flying colors — and passes through the NFL’s special substance abuse treatment program — his charges will be dismissed.

The 32-year old defensive lineman is obviously lucky to be alive. Many other people who get into Burbank DUI crashes (or crashes anywhere) end up dead or seriously injured.

Whether you are a sports celebrity, politician, or “working Joe,” the law entitles you to a thorough and sound Burbank DUI defense.

But how do you contrive and execute such a defense?

The answer is actually quite counterintuitive.

For instance, you might be under the impression that, if you blew a positive for DUI on a breath test, then you’re “stuck” with that positive reading. But depending on your circumstances, you may be able to challenge that number.

For instance, perhaps you’re on a ketogenic diet or you have diabetes. If so, chemicals on your breath may have interfered with the breathalyzer and led you to blow a “false positive.” Likewise, calibration errors, officer interpretation errors and other problems occur more commonly than most defendants (and even most police officers) appreciate.

For help unlocking the potential of your defense, connect today with the team here at the Kraut Criminal & DUI Lawyers. Our experienced Burbank DUI defense team can help you plan a smart course of action and deal with your charges strategically.

March 25, 2013

Not a Good Adventure for Bonaventura: Constable Charged With DUI… Implications for Your Los Angeles DUI Defense?

by Michael Kraut

As someone who was recently arrested and charged with driving under the influence in Los Angeles, you’re feeling pretty sheepish and scared and regretful.

You wish you had use more common sense — handed the keys to a friend or associate or just cabbed it home. As much as you want to take responsibility for events — and speak with an experienced Los Angeles DUI attorney, ASAP — appreciate that you’re not the first person who’s ever been in this compromised position.

Plenty of other, normally law abiding folks get into DUI trouble in Los Angeles all the time. In fact, if you’ve been following our blog for any length of time, you’ve read endless accounts of celebrities, sport stars, politicians, and even legislators who’ve been busted for DUI.

Even police officers get in trouble for the crime!

Case in point. Consider the sad story of 50-year old John M. Bonaventura, the head of the Constable’s Office for Las Vegas Township. A Nevada highway trooper pulled over Bonaventura on US 95 near Boulder Highway, after he saw the “official constable vehicle” driving pell-mell all over the freeway.

Bonaventura’s speeding and DUI charges are actually just the tip of the iceberg.

Commissioners for Clark County (the home of Las Vegas — a.k.a. the “City of Sin”) are about ready to abolish the entire Constable’s office, which employs over 20 deputies. These officials perform work ranging from serving paperwork to evicting people. According to a local paper, the Las Vegas Review Journal, critics have hammered the Constable’s office for “creative accounting practices that circumvent county oversight, as well as for filming a profanity-laced pilot for a reality television show.” (quote from an AP article)

Perhaps the deputies were jealous of the modern day Keystone Cops on Reno 911. Maybe they didn’t realize that that show is actually a fictional comedy.

On a more serious note, as a Los Angeles DUI defendant, you may or may not have been negatively affected by police errors or bad police behavior. The vast majority of officers in Los Angeles County are hardworking and fair. Yet you should pull out all the stops during your Los Angeles DUI defense — investigate any angle that could lead to a reduction in your sentence or a dismissal of the charges.

Of course, this is no small task, even for experienced attorneys. Fortunately, you can turn to former city prosecutor Michael Kraut and his team at the Kraut Criminal & DUI Lawyers in Los Angeles for adept, thorough, and insightful guidance on your case.

Mr. Kraut has a special vantage on L.A. DUI cases because he served for nearly a decade and a half as a prosecutor. He maintains good relationships with his old prosecutorial colleagues as well as with other key people in the system.

March 6, 2013

How Playing Tetris Too Much is (Kinda Sorta) Like Getting into a DUI Crash in Los Angeles

by Michael Kraut

If you’ve recently been in a DUI crash in Los Angeles, the memories of the disaster have likely seared their way into your brain.

When you close your eyes at night, you may re-imagine your DUI arrest in L.A. in vivid detail, particularly if you got seriously hurt or hurt someone else.

Those unpleasant memories can be almost impossible to dislodge by conscious effort.

Not to trivialize your experience in any way, but at least to an extent, what’s happening in your brain is similar to what happens in the brains of people who play video games, like Tetris, too long.

If you’ve ever played Tetris, you probably know how addictive it can be. As you learn intuitively how the shapes go together and how to make lines, you incrementally develop your skills and go faster and get more creative with your strategies.

The game is simple and intuitive, and it leads to a very satisfying “learning curve.”

When you engage in the repetitive behavior, your brain begins to focus on tetris, even when you are not consciously playing. This is why, long after you finish, you continue “playing” in your mind.

This phenomenon occurs not just after repetitive activities but also after INTENSE activities. The intensity of the Los Angeles DUI cemented a memory in your mind, much as the repetition of playing Tetris cements that memory of game-playing in the mind.

Of course, this is a dramatic oversimplification. The processes by which we make memories, retain and recall memories, and have emotional reactions that flow from them are incredibly complex and not even fully understood by the world’s top neurologists.

This isn’t to say that you will be forever haunted by images of your Los Angeles DUI accident.

Your first step towards making some sense of the chaos is to reach out and get reputable help.

The team here at the Kraut Criminal & DUI Lawyers is well known for helping DUI defendants like you develop strategic and workable defense strategies. Attorney Kraut understands the system on a very deep level — not just intellectually but also pragmatically. He served as a prosecutor for the City of Los Angeles for nearly 14 years. He has many great relationships, not only with defense attorneys and clients but also with prosecutors and police and judges.

February 20, 2013

Pasadena DUI Celebrity News Blotter: David Hasselhoff’s Daughter and Alanzo Mourning’s Wife Both Whacked with DUI Charges

by Michael Kraut

When celebrities (or their spouses or children) get arrested for driving under the influence in Pasadena, people notice. There’s a reason why sites like TMZ.com generate boatloads of internet traffic. For whatever reason, people find themselves intuitively fascinated by the lives, lifestyles, and flaws of famous people.

To that end, perhaps you can learn a few lessons regarding Pasadena DUI defense while analyzing the news.

In that context, let’s consider two recent celebrity DUI arrests.

The first concerns basketball superstar Alanzo Mourning’s wife, Tracy Morning. Police pulled her over in Miami, near San Servano Avenue and Old Cutler Road, after she failed to stop completely at a red light. The officer told her that he had seen her speed through the light. Allegedly, she winked but did not deny the charges. He then gave her a field sobriety test after smelling alcohol on her breadth and arrested her.

Alanzo and Tracy have been charitable givers over the years: a local high school is even named for the couple. Her arrest came as an unwelcome 42nd birthday present for Alanzo.

Meanwhile, Hayley Hasselhoff, daughter of international TV star, David Hasselhoff, got arrested for driving under the influence and speeding over the Christmas holiday. Worst part is, Hayley is only 20 years old. That means prosecutors could really go after her. If convicted, she could be forced to spend up to half a year behind bars. Hayley’s mother, Pamela Bach, was also arrested for DUI--twice, actually–once in 2009 and once in 2010.

These celebrity cases may seem somewhat entertaining to casual readers. But if you personally face Pasadena DUI charges, and your life is in shambles–you’re probably a lot more empathetic.

Truth be told, no one is ever prepared for a DUI charge. It wasn’t like your life was on “pause” before your arrest (or accident). Ever since the arrest, you’ve been scrambling to pick up the pieces, pay your bills, deal with important logistics in life, and so forth.

The team here at the Kraut Criminal & DUI Lawyers can help you, no matter how complex, dynamic, or confusing your case seems right now. Attorney Kraut is an extremely experienced former prosecutor, who maintains exceptional relationships with local law enforcement, judges, and other attorneys who are on “the other side.”

As a Pasadena DUI defense lawyer, Mr. Kraut can help you investigate your charges, challenge breath test results, and strategically fight back against whatever the prosecution throws your way. Connect with Mr. Kraut and his team today for effective counsel to meet your Pasadena DUI defense challenges.

January 31, 2013

Are We Making Progress? Number of Los Angeles DUIs Over the Holiday Season Down from 2011 Numbers…

by Michael Kraut

Statistics compiled by the Los Angeles County Sheriff’s Department and California Highway Patrol spell good news: the number of Los Angeles DUI arrests over the holiday season dropped substantially from the 2011 numbers.

The stats are still pretty staggering, but they mark a step in the right direction. Here are the numbers. From December 14 through December 19, per the LA County Sheriff’s Department, police officers from 100 different agencies busted 1,773 people for DUI in Los Angeles — down by nearly 500 from the 2011 numbers for the same period (2,205).

Meanwhile, the California Highway Patrol recorded a radically different trend statewide.

Between December 21 and December 25, 1,170 people got arrested for driving under the influence in California, and 39 people died. This compares poorly to the 2011 stats for the same period — 980 arrested and 14 killed.

When you tally up the numbers from December 14 through January 1, they are also pretty eye opening. 2,168 people got arrested throughout Los Angeles for DUI, per the Sheriff’s Department’s report. That means that one out of three arrests — almost 600 DUIs — came during the final 4 days of the campaign, from December 28 through January 1.

As we’ve discussed before, Los Angeles DUI arrests spike like crazy during holidays like New Year’s Eve, because partying people fail to get designated drivers or create “Plan Bs” for their route home.

The Sheriff’s Department leveraged a variety of methods to crack down on DUI driving during the holiday, including roving patrols, multi-agency task force operations, checkpoints, and beyond — all made possible by a California Office of Traffic Safety grant.

What should you do if you got wrapped up in the Los Angeles DUI holiday “dragnet”?

Whether you got stopped at a checkpoint and arrested for a routine misdemeanor charge, per California Vehicle Code Section 23152(a) or 23152(b); or you got tagged for a more complex offence, including hit and run, resisting arrest, assaulting a police officer, et cetera, you’re entitled to a stiff defense.

The question before you is: how should you build that defense? How can you avoid the scary penalties, such as loss of your Californian driver’s license, substantial jail time, large fines, and a substantial criminal record?

The team here at the Kraut Criminal & DUI Lawyers can help you put together a detailed, step by step strategy to manage your charges and confront them in the most effective and knowledgeable way. Attorney Kraut is a Harvard Law School educated former prosecutor — he worked for the city for many years, so he knows what prosecutors tend to do in case like yours, and he can help you prepare accordingly. Get in touch with him and his team today for a free consultation.

January 18, 2013

A Los Angeles DUI Defense Attorney Is Not a Miracle Worker

by Michael Kraut

Many people mistakenly believe that Los Angeles DUI defense attorneys do not care about public safety or have an overly laissez-faire attitude about personal liberties.

Perhaps some attorneys hold this attitude. But the reality is that the vast majority of good DUI lawyers in Los Angeles and Southern California have strong moral compasses. They have families and friends as well. They know all too well the horrors that can result when the wrong person gets behind the wheel or vehicle at the wrong time.

Not all cases of driving under the influence are equal – not by a long shot
This blog has covered some extremely colorful DUI cases involving, for instance, recidivist offenders who’ve been arrested 9+ times. A recent blog post told the story of a 31-year-old who allegedly drove DUI at 80 miles per hour into his girlfriend and her companion, killing the 21-year-old man, severely hurting the girl, and killing all four of her dogs – all while driving under a suspended license after being dinged with three DUI convictions.

A great attorney can help defendants understand what they are up against and construct extremely sturdy and solid legal responses. But there is no such thing as a miracle worker. If you drove with a 0.45% BAC, and purposely hit a nun pushing a baby, odds are you will face massively serious penalties. As well you should!

The reality, however, is that many people who get arrested for crimes like Los Angeles DUI are borderline or near borderline. Maybe you had one too many drinks at a Hollywood industry party and thought you could “make it home” to Santa Monica because you felt pretty good. But then a trooper saw you changing lanes without signaling. He pulled you over, and then one thing led to another, and you found yourself behind bars. Alternately, maybe you’re a student at UCLA who got a little wild at a party. You decided to sleep in your car, but then a police officer found you with your keys in your hand and arrested you for DUI anyway.

Small, borderline cases like these are far more common than the catastrophic, horrific cases you read about in the news. Obviously, all defendants deserve a good defense. Likewise, DUI victims’ rights obviously must be protected, and justice needs to be done.

We as a society also have an obligation to help DUI convicts get rehabilitated, make reparations if possible, regain control over their lives, and get some clarity about how they can be better citizens.

If you know someone who has recently been arrested for DUI in Los Angeles, or if you yourself have been arrested, connect with the Kraut Criminal & DUI Lawyers for a free consultation. Attorney Michael Kraut is an ex-prosecutor, who’s routinely featured as a DUI expert in major media outlets, like KTLA Los Angeles, The Los Angeles Times, The New York Times, etc. Mr. Kraut will be happy to talk with you about your DUI case and suggest a way forward.

January 2, 2013

Arrested for DUI in Los Angeles on New Year’s Eve 2013?

by Michael Kraut

Tonight is New Year’s Eve. That means that your risk of getting arrested for Los Angeles DUI is at its apogee.

More people get arrested for DUI on New Year’s than on any other day of the year. DUI injuries, fatalities, and other “bad stuff” also tend to spike over the holiday. The Los Angeles Police Department is well aware of the enhanced revere-induced risk, so expect lots of patrols and DUI checkpoints in Burbank, Pasadena, Glendale, and beyond. After the holiday, we’ll blog on the statistics for the holiday weekend. But just understand that today is a dangerous day to drive — even more so than Memorial Day, Super Bowl Sunday, July 4th and St. Patty’s Day.

So be careful out there!

What can you do to reduce your risk of getting into a crash or getting arrested for DUI in Los Angeles? Here are three ideas:

1. Reduce your driving AND walking.

Say you live in Silver Lake. You have a choice between going to an awesome beachside party in Manhattan Beach or a rockin’ shindig in nearby Los Feliz. Choose the Los Feliz option! Do what you can to stay off the road. Also, avoid walking, if possible. Being a pedestrian puts you at risk of being hit by a DUI driver. If you walk while under the influence of alcohol or drugs, you’re at heightened risk of getting hurt or indirectly hurting others.

2. Create multiple “plan B’s.”

One of the problems with so many designated driving plans is that they usually only contain one “escape hatch.” For instance, say your friend Steve is the designated driver. But then Steve gets sick or bails on the party. Now, you have no designated driver, so you’ll be tempted to do something dumb in the moment.

Plan ahead. Work out multiple escape hatches. For instance, keep the number of a cab company in your back pocket AND find a designated driver. If your first plan B fails, you’ve got a back up plan B to leverage instantly.

3. If you do get arrested, get in touch quickly with an experienced Los Angeles DUI attorney.

The Kraut Criminal & DUI Lawyers offers exemplary, effective, and professional representation for Los Angeles DUI criminal defendants. Attorney Kraut is a former prosecutor who spent 14 plus years on the other side of criminal cases… before switching over to represent defendants like you. He knows exactly how to negotiate with and talk to prosecutors to get excellent results for his clients. Get in touch today for a free consultation.