Los Angeles DUI Criminal Defense

December 17, 2012

Why Do You Keep Getting Arrested for Burbank DUI, Again and Again?

If you were recently arrested for driving under the influence in Burbank – yet again – you’re understandably terrified about what prosecutors might do to you this time. For instance, will they slap you with a felony count per California Vehicle Code section 23153?

You’re right to be concerned.

One might dismiss a single Burbank DUI as a product of bad luck, quirky circumstances, or a single lapse of judgment. However, if you get arrested multiple times, you may want to take a look in the mirror. Why do you keep getting into these situations, and what needs to change?

Obviously, you want to deal with the “legal stuff” in an effective, appropriate manner, as rapidly as possible. However, you also want to pay attention to your recurring patterns. These may be subtle to detect but may ultimately prove vital to solving your longer term issues.

It is often very difficult for us to instantly apprehend our own patterns, since we “live inside” them. Other people can look at us and judge: tell us to take certain actions or avoid certain behaviors. But as the saying goes, “it’s easy for you to say.” Outsiders can make these analyses simply, since they don’t have to live the consequences of said judgments, nor are they emotionally invested in your outcome one way or the other.

Here’s one way to start to understand your Burbank DUI recidivism — to learn the lessons from what’s happened to you, and to translate those lessons into better outcomes.

The first step is to understand WHY you got into your bad situation in the first place. Your intuitive answer may not be “deep” enough to give you this insight. For instance, say you had been partying in Burbank Center late at night, playing pool. You got behind the wheel without appreciating how under the influence you actually were, and then police busted you at a Burbank DUI checkpoint. You might initially think you got in trouble “because I was too lazy to get a ride home.”

Not deep enough! You must probe deeper. Ask yourself WHY.

WHY were you too lazy to get a ride home? Your answer then might be “because I don’t really know anyone in the city who I could trust to take me home and not judge me.” Then probe even deeper – WHY don’t you know anybody? And so forth.

This iterative exercise – asking why, over and over, to get deeper and deeper – inevitably gets you into deeper psychological “stuff.” This “stuff” might be underpinning not only why you made a poor driving decision but also why you might be feeling helpless or unhappy in various aspects of your life. Once you figure out that core reason — that deeper WHY — then you can take steps to address the constraint making your life miserable in many diverse was. Perhaps you just feel really lonely: you need a partner or even a close friend. We all have needs for companionship. Perhaps when you find a partner or a close friend, you’ll have a designated driver the next time. You’ll ALSO no longer feel as sad or helpless, and thus you will intuitively avoid dangerous/reckless situations in the future.

All that said, you have practical legal considerations that need to be addressed ASAP. Recidivism DUI in Burbank can lead to felony counts, long jail sentences, massive license suspensions, and more. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Burbank can help you understand your legal options and make powerful defensive progress. Connect with attorney Kraut and his team today for a free, honest, and thorough evaluation of your case.

December 7, 2012

It Sounds Like a Glendale DUI Mad Lib: Gérard Depardieu, Arrested for DUI, While Falling Off His Scooter, In Paris (All True!)

by Michael Kraut

Esteemed thespian, Gérard Depardieu, was arrested last week in Paris for driving under the influence, after he fell off a scooter and bashed his elbow.

This was not the Green Card actor’s first brush with the law… or the first time that he’s stirred controversy in a way that’s stimulated much tabloid tittering. Back in 1998, Depardieu smashed up his motorcycle and later tested to have a BAC of over five times the legal limit for Glendale DUI (or DUI anywhere) of 0.08%. Fortunately, he survived that crash with only minor injuries to his face and legs.

In 2011, Depardieu made the headlines again, this time in a far more spectacular fashion, for urinating in his seat on a plane bound to Dublin from Paris. Depardieu had asked to pee. The stewardess denied the request for security reasons. He insisted that he was “not a terrorist” and that he “just want[ed] to pee.” When the bottle into which he relieved himself overflowed all over the seat, he told all passengers within earshot that “the bottle was much too small. I’m an elephant!”

An elephant, indeed.

Depardieu’s colorful antics — and almost slapstick-ish-ly hapless responses to his legal situations — certainly have made for amusing TMZ stories. However, we can learn some serious lessons – lessons that might be vital for you, if you or a loved one faces charges of driving under the influence in Glendale or elsewhere in the Southland.

Lesson #1: Just because you’re famous and well-liked does not make you invincible.

Court dockets abound with tales of actors, CEOs, politicians, and even Glendale DUI defense attorneys facing the business end of the law. Just because this is your first time facing trouble – or just because you’re “well connected” — does not guarantee a good outcome.

Lesson #2: Where there’s legal “smoke,” there’s often fire.

You need to construct a meticulous and aggressive Glendale DUI defense. But you also want to pay attention to your patterns. Is this the first time you’ve gotten into a brush with the law? If not, why do you keep getting into sticky situations? It might behoove Depardieu to reflect on his two DUI-related bike accidents and his skirmish on the airplane. Self-knowledge is the best vaccine for legal problems — the surest way to prevent future Glendale DUI episodes.

Lesson #3: You’re only at the beginning of your Glendale DUI saga: the decisions you make starting right now can radically affect your future.

If you put up a limp or non-existent defense to charges, you could wind up losing your license, serving substantial jail time, and seeing your entire future in many ways collapse. With a well-orchestrated and strategic defense, you may be able to beat back the charges or at least position yourself to maximally benefit from your experience.

Get in touch with the team here at the Kraut Criminal & DUI Lawyers in Glendale to go over your best strategies and tactics for resolving your situation.

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 14, 2012

Scary Southern California DUI News: CHP SWAT Team Called in to Detonate Pipe Bomb Found in DUI Driver’s Van

by Michael Kraut

Southern California DUI events are dangerous, in and of themselves.

If you drive under the influence of drugs, alcohol, or even prescription medications, your ability to react to unexpected conditions on the road, emergency signals, strange weather conditions, etc can be horrifically impaired.

Usually, the DUI driving is the most scary ‘part’ of any DUI stop. However, that’s not always the case! Consider a seemingly routine DUI stop up in San Jose that got totally out of control, when local police discovered that the driver had a bomb in his van.

According to news reports, the San Jose Police Department stopped a 1998 Ford Windstar van near the 101 and First Street at around 8:45 p.m. last Wednesday. Police became suspicious while chatting with the driver; and they searched the van. They discovered significant evidence to bust 35-year-old James Magill and hit him with narcotics charges and a DUI.

They also discovered a live pipe bomb!

A SWAT team was summoned to the scene, and police shut down streets around the area. The SWAT team prepped for hours before detonating the pipe bomb in a controlled explosion. Local residents felt and heard the blast. One person living nearby said he felt his entire apartment shake from the controlled detonation. No damage or injuries resulted, fortunately, and the ‘uncooperative’ Magill got booked on a number of charges, including DUI and possession of a destructive device. He was held without bail at County jail.

An investigation into the situation is ongoing.

Hopefully, your Southern California DUI was less scary. The vast, vast majority of people who are arrested for driving under the influence intend no harm. They either misjudge their own ability to metabolize alcohol or make other poor judgment calls.

To manage the aftermath of your DUI arrest effectively, you likely need substantial help from an experienced Los Angeles DUI criminal defense attorney.

The Kraut Criminal & DUI Lawyers’s Michael Kraut has a wealth of resources, experience, and connections to inform you and help you fight back against the charges. The best defenses involve both a deep and realistic appreciation of exactly how much trouble you are in as well as a success focused vision of an ideal conclusion to your case. Attorney Kraut is an ex prosecutor with a Harvard Law School background. He has the common sense, intuition, and experience to help you maximize your likelihood of prevailing.

October 29, 2012

Driving DUI in Los Angeles, New York, or Anywhere: Never a Good Idea, Especially If You Drive a School Bus

by Michael Kraut

What should be done to prevent school bus drivers from driving under the influence of alcohol in Los Angeles, New York, and other big cities? Where do we draw the line between the need to respect the freedom of individuals and the need to protect kids from reckless, careless DUI driving?

New York legislators and policy makers are mulling over these and other similar questions this week, in the wake of new legislation proposed by New York state Senator Charles Fuschillo and Nassau County DA Kathleen Rice, that would require school bus drivers to blow into breathalyzer devices before being able to drive kids around.

If this New York law passes, it would be the first of its kind in the country; and it might set a president for how lawmakers here in California try to stamp out the problem of driving under the influence in Los Angeles.

Why Are Lawmakers So “Ginned Up” to Stop DUI Bus Driving?

The answer is pretty simple: a spate of DUI bus driving incidents over the past month have alarmed parents, lawmakers, and the general populace.

Here are three:

1. On October 3rd, Frederick Flowers, a 66-year old bus driver, crashed into a house while carrying five kids in his school bus.

Police believe that Flowers passed out behind the wheel prior to the crash. The kids, who ranged in age from 5 years old to 8 years old, miraculously survived without injury.

2. Less than two weeks later, 40-year old Robert Stundis got stopped and arrested for driving a school bus under the influence.

He tested to have a blood alcohol concentration of 0.23%. That’s nearly 3 times the maximum allowable BAC level of 0.08%, according to Southern California DUI law. Police found a half empty bottle of vodka on his school bus and charged Stundis with endangering the welfare of children, DWI while driving a school bus, and DWI with child passengers.

3. Lastly, on October 22nd, 47-year old James Sommer, crashed into a tree while trying to park his school bus.

Authorities later arrested him under suspicion of DWI; one girl, 12-year old, had to go to the hospital with minor injuries.

Obviously, this rash of bus driver DUI arrests is viscerally distributing. But would it be helpful to compel school buses to install interlock ignition devices? How could we measure the results of such an initiative? And would any increase in safety persist for years or decades? Would legislation be worth the expense and legal battle?

These questions are certainly intriguing, but if you’re struggling with a DUI charge yourself, you are probably less interested in how to change the world (or fix society’s larger problems) than you are in avoiding jail time, minimizing your punishments, and figuring out how to rebuild your life and reputation after your arrest.

To that end, talk to Mr. Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers about your legal needs. Attorney Kraut is an ex-prosecutor who spent 14 plus years “on the other side” trying to put defendants for DUI crimes behind bars. Now, as a defense attorney, he uses his knowledge of the mindset of prosecutors – and the relationships he has cultivated over the years – to deliver excellent service 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 12, 2012

Nightmare on the 10: Bad News Bears Actress, Sammi Kane Kraft, Killed in a Los Angeles DUI Accident

by Michael Kraut

Fatal Los Angeles DUI accidents are always horrific, but they are somehow more so when they involve young people and children.

Last week, Sammi Kane Kraft, one of the stars of the 2005 remake of the movie Bad News Bears (with Billy Bob Thornton as the coach), died when a car she was in got rear ended by a truck on the 10 Freeway at around 1.30 in the morning. Kraft was a passenger in the Audi – her friend, 21-year-old, Molly Kate Adams was driving. Police say that Adams had been driving under the influence in Los Angeles at the time of the crash – she survived with moderate injuries.

Kraft and Adams had been returning from a night out checking out bands, when the tragedy struck.

September 17, 2012

Say It Ain’t So Sally! “All In The Family” Star Busted in Maine – Los Angeles DUI Media Reacts

by Michael Kraut

If you’ve recently been pulled over for driving under the influence in Los Angeles (e.g. in or around the USC or UCLA campuses), you’ve got some pretty famous company.

According to Fox News and the Huffington Post, 65-year-old actress, Sally Struthers — best known for playing Archie Bunker’s daughter in the 1970s sitcom All In The Family — was arrested on Route 1 in Ogunquit Maine on September 12th for driving under the influence.

Here in California, Sally would have likely been charged under California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI. But in Maine the laws are slightly different. She was hit with something called “OUI” — operating under the influence — a special kind of law that’s used in primarily in East Coast States (e.g. Rhode Island, Massachusetts, Maine, etc) and makes it illegal for you to even sit, parked, while under the influence, if the motor is running.

Struthers had been in the Portland area performing in a local production of “9 to 5” as Roz. The two-time Emmy Award winner is also famous for her work advocating for the Christian Children’s Fund (Child Fund), a charity that helps poor children in Africa and other developing nations. Struthers has denied the OUI, according to her publicist, and she had no problem making her $160 bail. She has a December court date, so stay tuned to the news to learn more about what happens to the actress.

Are there any practical lessons that Struthers’ arrest might have for you, if you or someone you love currently faces Southern California DUI charges, either for a standard misdemeanor DUI or an injury DUI?

Perhaps.

First of all, the situation highlights how easy it is for literally anyone to become a “DUI driver.” Even if you’ve hewed close to law all of your life – never broken any rules – a single bad decision or unlucky night or tough break can lead to jail time and a whole basket of other problems and challenges.

Being famous doesn’t protect you, either. And it can actually create additional stresses and problems, since celebrities must carefully manage their images.

Bad press can have career repercussions – that can cost an actress a job, a politician the chance at reelection, and an executive the “keys to the kingdom.”

Even if your charges are minor, and you are not particularly concerned about the publicity, you still need to worry about punishments like jail time, license suspension, mandatory alcohol classes (time consuming), fines and fees, hiked up insurance rates, and beyond.

Turn to the team here at the Kraut Criminal & DUI Lawyers in Los Angeles for powerful, effective legal guidance. Mr. Kraut is a former prosecutor – educated at Harvard Law School – and he can help you develop and move forward with a strong DUI with alcohol defense.

September 5, 2012

Serious Los Angeles DUI Drama – Was Conservative Costa Mesa Councilman’s DUI Stop a Set-Up?

by Michael Kraut

Some crazy news rippled through the Los Angeles DUI legal community last week. After Costa Mesa Councilman, Jim Righeimer, got pulled over on suspicion of DUI, some sleuths believe the stop was actually set up by his political opposition! The allegations concerned a 9-11 call placed by Chris Lanzillo, a PI who works for a law firm that represents, among other groups, the Costa Mesa Police Union.

Here are the key elements of this riveting story…
• Righeimer had been hanging out at Skosh Monahan, a tavern owned by a fellow councilman for Costa Mesa, Gary Monahan.
• A 9-11 call (placed by Lanzillo) said that he witnessed Righeimer stumbling out of the tavern after drinking too much and then swerving away in his car.
• Righeimer was ultimately pulled over and given a field sobriety test, which he passed.
• An investigation from the County Prosecutor’s Office exposed a lot of holes in the 9-11 caller’s story. For one, surveillance footage showed Righeimer leaving the pub, looking sober and surefooted. Furthermore, a white SUV was seen following Righeimer from the tavern to his house – certainly a creepy development.
• Lanzillo’s behavior has caused problems for his law firm, Lackie Dammeier & McGill – for one, the Costa Mesa Police Union severed ties with the big firm after the story broke.

Not every Los Angeles DUI situation is a “conspiracy” – but there may be far more to your case than meets the eye.

Odds are very high that your Los Angeles DUI arrest was not “set up” in any way. However, the techniques and methodology that police used to investigate your behavior may have been less than ideal.

For instance, your Los Angeles breathalyzer test results might have been compromised due to:

• Something you ate (especially if you are diabetic);
• Medications you’re taking;
• Calibration errors;
• Police procedural errors
• Simply bad timing.

As we have discussed at length before on this blog, the depth of the breath you blow into a breathalyzer can radically change your reading. So if you blew “extra deep” into the breathalyzer, you may have registered a number that tipped over the 0.08% threshold for Los Angeles DUI but ultimately should be considered a false positive.

To build a strategic and fair-minded defense, you might want to talk to a highly respected Los Angeles DUI criminal defense lawyer at the Kraut Criminal & DUI Lawyers. (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) Mr. Kraut is a Harvard Law School trained attorney with a deep and diverse background in DUI cases, and he can help you come up with and implement a strategic plan to help you move beyond your arrest.

August 13, 2012

Detroit Lions’ Eric Wright Got His Los Angeles DUI Charge Dropped? What about You?

by Michael Kraut

On the Monday before last, the Los Angeles County District Attorney dropped Los Angeles DUI charges against Eric Wright, a former cornerback for the Detroit Lions.
Per the Los Angeles Times, Wright had gotten into a car crash near the Staples Center. Police said he refused to take a Los Angeles DUI breathalyzer test or submit to a field sobriety test.

Since the car accident caused an injury to someone, Wright was initially hit with a felony DUI charge. As regular readers of this blog know, standard misdemeanor DUI charges (per CVC 23152(a) or 23152(b)) can be bumped up to felony DUI counts (per CVC 23153(a) or 23153(b)). You probably are familiar with the distinction between misdemeanor and felony convictions. But you may not “get it” viscerally. Please understand: convicted felons lose important rights (e.g. the right to vote), and they can face over a year behind bars.

In any event, Wright is lucky that no charges were filed, since he could have potentially faced disciplinary actions from the National Football League. He just signed a $37 million deal with the Tampa Bay Buccaneers for a five year contract – a contract, which presumably might have been jeopardized had he been charged and convicted.
This blog has reported on a prolific number of NFL related DUI offences this past year or so.

The Detroit Lions in particular seem to be prone to getting into DUI related trouble. Aaron Berry, the cornerback positioned to replace Wright on the Lions’ squad, got hit with a DUI charge the previous Saturday and slapped with additional counts of failure to stop, failure to give information to police, and causing damage to an unattended vehicle.

Will you likewise be able to get your Los Angeles DUI charge dismissed or pled down to a lesser offence?

There is really no way of knowing, unless you talk to an experienced and thorough Los Angeles DUI criminal defense lawyer, like Mr. Michael Kraut of LA’s Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028).

Why work with the Kraut Criminal & DUI Lawyers?

• Attorney Kraut served as a prosecutor for 14 plus years before taking on criminal defense cases. As a result of his experience as a prosecutor, he understands the kinds of strategies that will be used against you, and he can prepare you effectively;
• Mr. Kraut is Harvard Law School educated;
• Mr. Kraut has won extensive plaudits from his legal peers, prosecutors, judges, and the lay press;
• Mr. Kraut can provide a free and confidential consultation to you to help you regain some peace of mind and develop a smart strategy to get out of your mess.