Los Angeles DUI Criminal Defense

May 30, 2011

Los Angeles DUI For Estella Warren Complicated by Charges of Hit and Run, Kicking a Cop, and a Felony Escape!

Most celebrity arrests for driving under the influence in Los Angeles are relatively pedestrian as far as the details are concerned. Yes, you can occasionally find salacious stories – such as Mel Gibson’s famous anti-Semitic rant or Lindsay Lohan’s notorious probation violation situation. But most celebrity arrests are simply workaday examples of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI.

Not so for Planet of the Apes star and model, Estella Warren, who was arrested last Monday. Her arrest took multiple bizarre twists. The following details are cribbed from an E-online news report:

• Ms. Warren drove into three different trees before getting pulled over for DUI.
• After police caught her, she literally kicked one of them.
• She failed a Los Angeles DUI field sobriety test – in the words of the E-online reporter, “go figure”…but that wasn’t the end of her adventure.
• During her booking, Ms. Warren slipped out of her handcuffs (helps to have really thin “model” wrists, apparently) and tried to flee the police station. Officers quickly apprehended the Sports Illustrated Swimsuit Model and tacked on yet another charge – felony escape.
• She was booked as being aged 40 years old… when she has publicly declared herself to be just 32.
• Due to the hit and run, escape attempt, and other factors, Ms. Warren’s bail was set at a whopping $100,000.

So what are the lessons we can learn from this escapade?

First of all, if you’re looking to try to pass your field sobriety tests (such as horizontal gaze nystagmus test, finger to the nose test, counting backwards by 3s, etc.), it’s probably a good idea to avoid actively kicking or assaulting the officers conducting the tests on you.

Secondly, Ms. Warren’s post-arrest hysterics illustrate clearly that your behavior following an arrest can have profound ramifications for your potential sentencing. The more charges you rack up, the more difficult it will be for your Los Angeles criminal defense attorney to develop and push forward a strategic defense for you. Even if you manage to get the hit and return DUI dismissed or at least plead down to a lesser charge, you will still have to face other charges from your continued misbehavior – in Ms. Warren’s case, for instance, the felony escape charge.

All that said, facing a Los Angeles DUI charge is neither easy, nor simple. And you may face a surprising amount of hostility – whether you are a celebrity or not – not only from the popular press but also possibly from friends, colleagues, families, and even yourself. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can give you practical, immediate assistance building a defense. As a former prosecutor of DUI crimes, Mr. Kraut understands how the lawyers working against you think and what motivates them – and he has a stellar record at jury trials and great relationships with people in the legal community.

May 4, 2011

Los Angeles DUI Debacle – LAPD Officer Busted for DUI Near LAX

by Michael Kraut

We expect LAPD officers to pull people over and arrest them for crimes like driving under the influence in Los Angeles; what we don’t expect is for police officers to speed the wrong way down the Sepulveda Tunnel on their motorcycles and then themselves get busted for misdemeanor DUI.

But that’s exactly what officer Joseph M. Bezak stands accused of.

Bezak’s saga illustrates that, just because you’re educated about the dangers of driving DUI in Glendale, DUI in Pasadena, DUI in Burbank, or DUI in LA doesn’t mean that you’re going to use good judgment all the time.

April 18, 2011

Los Angeles DUI Blog Discusses the Upcoming Royal Wedding

by Michael Kraut

The last place you think you’d look for an analysis of the upcoming royal wedding between Prince William and his betrothed, Kate Middleton, is a blog devoted mainly to conversations about driving under the influence in Los Angeles. But with literally every single news organization – from the largest papers in Britain and the U.S. to the smallest “two bit” blogs here and abroad — focused on the upcoming nupitals on April 29th, we thought it would be an interesting departure from standard news about Glendale DUI, Pasadena DUI, Burbank DUI and Los Angeles DUI, to review some highlights from what promises to be one of the most gala celebrations of 2011.

One article last week in the U.K. Paper Metro, noted that the street party after the royal wedding will need to be insured for a whopping 5 million pounds. According to Metro, seven different street parties have been approved following the ceremony… and David Cameron himself got into a minor battle with local authorities about whether or not street parties should proceed.

Meanwhile, the Los Angeles Times reported about royal wedding etiquette and dress. Here are some interesting details from that article:

• “There’s a 22 page royal etiquette book explaining some key do’s and don’ts for the big day”
• “If you intend to wear a top hat, make sure to take it off inside the church”
• Simon Cowell (of American Idol fame) is not invited

Lastly, the BBC reports that half a million people will be journeying to London to watch Prince William and Kate Middleton tie the knot. The BBC reports that, back in 1981, the Prime Minister himself slept outside Buckingham Palace the night before the royal wedding just to get a peak. London will no doubt have a lot of logistical preparations to handle this enormous crush of people.

For those of you who lack any connection with the outside world, the wedding will take place on Friday the 29th at 11 AM in Westminster Abby.

Frivolous details about the royal wedding aside, however, let’s quickly review some crucial information about Los Angeles DUI penalties. Not to put a damper on the celebratory mood, but if you do get arrested and convicted of Los Angeles DUI, the court can impose an incredibly diverse array of punishments. Here are just a few:

• Significant jail time
• Fees, fines, and other costs
• Force you to install an interlock ignition device in your car
• Mandatory alcohol school
• Community service
• Difficult probation terms
• License suspension
• Many more penalties

To construct an appropriate defense – whether you stand accused of a complicated injury DUI charge or a simple misdemeanor DUI — Los Angeles criminal defense attorney Michael Kraut can help you simplify your defense strategy. As a former prosecutor (Senior Deputy District DA for LA, to be more specific) and Harvard Law School educated attorney, Mr. Kraut has both the experience and the knowhow to deliver exceptional service. The Kraut Criminal & DUI Lawyers is located at  6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

March 25, 2011

Los Angeles DUI Law Ineffective? Sacramento Bee Questions Wisdom of IID Law

by Michael Kraut

As this blog reported many months ago, the world of Los Angeles DUI got shaken up significantly last year when a pilot program went into effect in Los Angeles, Sacramento, Tulare, and Alameda Counties that mandated that convicted DUI drivers install ignition interlock devices (IIDs) in their vehicles – even for first time DUIs. These “test counties” have demonstrated surprisingly lackluster results, according to a Sacramento Bee analysis published last Monday.

Before we dive into the analysis, let’s recapitulate what this law mandates, so that if you or someone you care about has been pulled over for driving under the influence in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, you will understand a little bit more of what’s at stake.

The law – champion by Mike Feuer, a Democratic assemblyman from L.A. — requires DUI convicts to install a breathalyzer-like device called an ignition interlock device in his or her automobile for five months. Until if you blow a “sober” breath into the device, you can’t start your car. The IID should, at least theoretically, thus prevent recidivist (repeat) Los Angeles DUI drivers from endangering themselves and others on the road.

Unfortunately, statistics suggest that the DUI law is not working as planned. Since its incipience, over 13,000 people have been convicted of DUI in the test counties. But California officials confirm that just 1,335 of these convicted drivers got IIDs in their vehicles. Some experts believe that many convicts might be driving illegally – without an IID or even a valid driver’s license.

Assemblyman Feuer is not oblivious to the problem. The Friday before last, he admitted that it may be time to assess the efficacy of the law: “lives are at stake… it’s extremely important we implement this properly.”

From a policy standpoint, we can draw a lesson here. Sometimes solutions that seem “extremely obvious” lead to weird consequences. The cure can be worse than the disease.

This isn’t to say that the Los Angeles DUI program can’t be somehow rehabilitated or made to be more effective – just that policy makers need to have a certain amount of humility and need to rely more on data than on emotion when constructing creative solutions to make our roads safer.

From a practical point of view, if someone you care about has been charged recently with a crime like DUI, a Los Angeles criminal defense attorney (such as Michael Kraut, a Harvard Law School educated former prosecutor who has offices at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide crucial advice. Build a better defense by connecting to a knowledgeable, results proven (99% success rate at jury trials) lawyer now.

March 7, 2011

West Hollywood DUI Shocker: Christina Aguilera and Her Boyfriend Busted

by Michael Kraut

Last Tuesday, Matthew Rutler, the 25-year old boyfriend of pop princess Christina Aguilera, got arrested for driving under the influence in West Hollywood. Christina herself was booked for public intoxication.

When celebrities get pulled over for driving under the influence in Pasadena, DUI in Glendale, DUI in Los Angeles, and Burbank DUI, the tabloids and blogosphere scramble to shine light on the story. For instance, within hours of the news break, hundreds of websites had information about how Rutler blew a 0.09% on his breathalyzer test (Southern California DUI limit is 0.08%, as this blog has often emphasized).

The tabloids have been buzzing about Christina’s recently “erratic” behavior, noting that the 30-year old pop star was visibly intoxicated at a colleague’s birthday party in January. Christina also famously forgot some of the words to The Star-Spangled Banner when she sang the anthem at the Super Bowl. A recent People Magazine story quoted a friend: “there is a real concern about this guy (Rutler), and a lot of her friends feel she needs to get away from him…hopefully, what happened (last Tuesday’s DUI in West Hollywood) is a real wakeup call.”

The media ignores non-celebrities arrested for Beverly Hills DUI. These defendants often lack good guidance, and they feel confused, scared, and overwhelmed about how to construct their defense.

Before we talk about potential resources to help you (or a friend or family member), let’s return to the legal definition of driving under the influence in Beverly Hills. California Vehicle Code Sections 23152(a) and 23152(b) define the crime of misdemeanor DUI in California. Section 23152(a) talks about the definition of driving while impaired by alcohol or drugs and stipulates the potential penalties the court may enforce. Section 23152(b) offers a subtle difference – it defines Beverly Hills DUI as driving with a blood alcohol concentration of 0.08% or greater.

For injury DUIs, two other California Vehicle Code Sections – 23153(a) and 23153(b) – may come into play. These take what might ordinarily be a misdemeanor charge and elevate it to a felony charge.

Whether you have been pulled over for a simple misdemeanor DUI, or you face a complicated court battle, a Los Angeles criminal defense attorney can answer your questions, work with you to develop a clear and effective strategy, and give you ongoing guidance to ensure that you obey the law, please the court, and minimize your potential hassle and punishments.

Connect with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (offices in Beverly Hills at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Mr. Kraut spent nearly decade and a half as a Los Angeles prosecutor, during which time he developed a deep understanding of how prosecutors work. He now leverages that knowledge on the behalf of criminal defendants, and he has a reputation for getting terrific results.

December 17, 2010

Los Angeles DUI Analysts Review Olympic Gold Medalist’s Visa Dilema

by Michael Kraut

Most people hit with charges of Los Angeles DUI want to clean their records as quickly as possible to avoid things like license suspension, jail time, significant court costs, and probation. But a 30-year-old Olympian has a very unique and compelling motivation to battle his 2009 DUI charge: bobsledding gold-medalist Steve Holcomb needs his DUI charge dropped so that he can get a visa to travel to Canada to compete in the World Cup.

If you or someone you care about has been recently slapped with a charge of DUI in Pasadena, DUI in Burbank, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, odds are that your reasons for wanting to fight your charges are more mundane (but not necessarily less important!)

Here are the details on the strange case of the DUI gold medalist:

In October 2009, the Utah native made a U-turn on Route 224 but got stopped for making the turn illegally. The sheriff’s deputy tested him for DUI and found that he had a blood alcohol concentration (BAC) of 0.19% – over twice the Utah (and Southern California) DUI limit. At first, Holcomb got the charge dismissed because the sheriff’s deputy did not sign his citation properly. But Summit County Attorney David Brickley refiled the case shortly thereafter.

Last Tuesday, Holcomb’s attorney appeared in court to fight the charge: “If the DUI charge remains, Holcomb can’t participate in this incredibly crucial event (the World Cup).” The lawyer told the judge: “If Canada turns down a request for a visa, we will have no choice but to litigate the case.”

Attorney Brickley, for his part, suggested that he would be willing to plea bargain the charge down to an impaired driving conviction. But this count would still be a misdemeanor – enough to prevent Canada from letting the Olympian get his visa.

A Southern California DUI conviction can radically throw your life and business out of whack. Although Holcomb still has not been convicted of his 2009 DUI, the charge alone has been enough to throw his athletic career offline.

The law takes driving under the influence charges very seriously. First time convicts — for even misdemeanor DUI offenses — can face 48 hours in jail with a maximum of six months; mandatory DUI alcohol school; informal or formal probation; a one year CA license suspension without restrictive license possibilities; interlock device installation (which you have to pay for); and much more. This doesn’t even count the incalculable secondary problems that you will face, including loss of respect among your family, peers, and business associates and all the time that you will have to spend battling back against the charges.

The penalties actually can be ratcheted up significantly if you commit more than one Los Angeles DUI within 10 years; if you hurt someone or destroy property while DUI; or if you flee the scene of an accident (hit and run).

To build the stiffest, most resilient defense, you need a lawyer who has strong trial experience and a deep familiarity with the law. Look to Los Angeles criminal defense Michael Kraut to get timely and battle-proven advice about what steps to take to fight your charges. Michael Kraut is an ex-District Attorney for the county – as a former prosecutor, he knows how prosecutors think and plan; and he will use his relationships and personal experience to battle for your rights.

November 30, 2010

Los Angeles DUI Results in Football Fans and Bloggers Alike Analyze Fallout of Buccaneers Wide Receiver’s Arrest

by Michael Kraut

NFL fans and professionals who follow celebrity Southern California DUI news have been heatedly debating the fallout of Tampa Bay Buccaneers wide receiver Mike Williams’s DUI arrest. The 23-year old rookie got pulled over two weeks ago in his black Escalade and arrested for suspicion of driving under the influence. Police reports revealed that Williams’s BAC tested below the 0.08% Florida (and California) legal limit.

Anyone who has recently been arrested for driving under the influence in Los Angeles, DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI elsewhere in the Southland may find the repercussions of Williams’ arrest instructive, in that they illustrate how many complications can spring from even a simple DUI arrest — one not involving accidents, injuries or property damage.

Upon learning of Williams’s arrest, the Buccaneers management decided to allow him to play in a game against the San Francisco Forty Niners. Williams is the team’s leading receiver. Prior to Sunday’s game against the Baltimore Ravens (which the Buccaneers lost 10 to 17), Williams had garnered 6 touchdowns and 689 yards.

The Buccaneers head coach authorized his team to conduct an independent analysis to determine whether or not Williams had controlled substances in his system in addition to alcohol. Williams dutifully submitted to this request, and Coach Morris announced: “we gave Mike our own independent test and we are completely confident that he is completely clean.”

But the NFL is not necessarily happy with the Buccaneers conduct, and some sports analysts believe that the team violated the league’s policy for drug testing confidentiality.

The takeaway here is that, if you or someone you care about has been arrested for DUI in Southern California, even if you are not a major NFL star or a celebrity or politician, you could face serious consequences in addition to the consequences stipulated in the California Vehicle Code Sections relevant to DUI arrests.

For instance, a first time misdemeanor DUI arrest could land you in jail for a minimum of 48 hours, net you serious fines ($1,000 on top of court costs), lead to intense probation terms, and much more. On top of that, you will likely have to deal with unexpected secondary and tertiary (third degree) consequences – just like Williams and the Buccaneers have had to do – such as complications with your personal and business relationships.

Fortunately, Los Angeles criminal defense attorney Michael Kraut can provide a confidential and strategic assessment of your defensive possibilities. Attorney Kraut is a Harvard Law School educated lawyer who has represented clients in some very difficult and complicated Los Angeles DUI matters. As a former prosecutor, Attorney Kraut has the clout, connections, wherewithal, and intuition for the law you need to craft your most appropriate response.

November 28, 2010

Los Angeles DUI Arrests This Thanksgiving Weekend

by Michael Kraut

DUI arrests were up significantly this Thanksgiving weekend. The California Highway Patrol assigned all available units to man the streets to catch as many Los Angeles DUI drivers as possible. The statistics have now been released and the number of drunk driver arrests are up. Over the same period last year there were 271 California DUI arrests. This year the number increased to 289 DUI arrests in California. The good news is that the number of driver’s killed was significantly down. The total number of deaths due to Los Angeles DUIs was down to eleven.

The statistics are as follows:

Burbank DUI cases

The number of Burbank DUIs also rose this weekend. The statistics are not fully in for the number of DUI arrests in Burbank. According to a leading Burbank DUI Defense Attorney, there has been a significant increase in the efforts of law enforcement in Burbank to stop the number of people driving under the influence of Alcohol in Burbank.

Pasadena DUI cases
The Pasadena Police Department mobilized their officers in an attempt to catch as many Pasadena DUI drivers as possible. While it may seem that that the efforts were overkill, the police want to put the word out this holiday season that driving under the influence in Pasadena will not be accepted. Ask any top rated Pasadena DUI Defense attorney and they will tell you that this is the best way to keep the public safe and away from harm.

Beverly Hills DUI Arrests
The Beverly Hills Police Department is one of the best trained and most highly paid of all law enforcement in Los Angeles County. The department leads the way in Beverly Hills DUI arrests and some of the highest jail sentences for a conviction of driving under the influence of alcohol in Beverly Hills. Beverly Hills DUI Defense Attorney Michael Kraut is one of the top rated DUI defense lawyers in California and he is often quoted in news and print media. When asked about DUI news in Beverly Hills, Mr. Kraut explains that the City has the resources and public backing to quash those charged with this crime within the City limits.

November 17, 2010

Los Angeles DUI Checkpoints will Expand, Thanks to Large Grant from the California Office of Traffic Safety

by Michael Kraut

Last week, the California Office of Traffic Safety announced that it has awarded a $1.1 million grant to the Los Angeles County Sheriff’s Department to expand Los Angeles DUI checkpoints, in an ongoing effort to fight back against injuries and deaths on Southland freeways and surface streets.

If you’ve recently been pulled over for Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI, you may have had an inkling that the Los Angeles Sheriff’s Department was stepping up patrols and enforcement. In fact, the LASD has experimented with new methods and generated new results over the past several years. Three separate motorcycle safety enforcement operations apparently have reduced motorcycle accident fatalities in California. In 2009, 29% fewer motorcyclists died on Southern California road than did in 2008. That said, California is still one of the three most dangerous states for motorcyclists.

The LASD hopes to use the grant money to pursue “warrant searches and stakeouts for repeat DUI offenders, saturation patrols, and court stings.” The Director of the California Office of Traffic Safety, Christopher Murphy, celebrated California’s reduction in alcohol impaired collisions over the past several years. But Murphy insisted “to keep this trend going, we will continue to strive the meet our vision – towards zero deaths, every one counts.”

Two vehicle code sections may be applicable to the crime of DUI in Southern California. The first, California Vehicle Code Section 23152(a), says that, if a police officer pulls you over while you are driving a car, truck, motorcycle, or other motor vehicle, and you happen to be under the influence of alcohol or a narcotic, you may be arrested and taken to jail and then charged with a crime. If you are convicted of this crime – even for a misdemeanor – you can face fines and court costs, license suspension, forced installation of a device in your vehicle that will prevent you from driving if you’ve been drinking at all, and mandatory jail time.

A second relevant law, California Vehicle Code Section 23152(b), defines the crime of Southern California DUI slightly differently. It says that, if you drive with a blood alcohol concentration of 0.08% or more, you can be arrested for DUI and subject to the penalties described above set forth in 23152(a).

If you’ve injured somebody while driving under the influence, other sections of the CVC may be relevant. For instance, DUI with injury is covered by California Vehicle Code Sections 23153(a) and 23153(b). Essentially, these sections can elevate standard misdemeanor charges to felonies if the DUI driver caused injury to another person.

Responding Effectively to Charges
Your legal representation can make an enormous difference to your ultimate sentencing and punishment. A resourceful Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut, may even get the charges against you dropped altogether.

October 25, 2010

Chief Financial Officer of Walgreens Slapped with DUI charge – Los Angeles DUI Analysts Look at Implications

by Michael Kraut

Most headlines about Southern California DUI concern politicians, actors, celebrities, or “ordinary” people doing outlandish things (such as riding lawnmowers while DUI – a peculiar habit that this blog has documented multiple times).

A breaking story publicized by the Chicago Tribune shows that actors, celebrities, and oddballs don’t have a monopoly on the “DUI trade.” Wade Miquelon, the Chief Financial Officer for the Walgreens, got arrested on September 25 for DUI.

If you have been recently hit with a charge of DUI in Burbank, DUI in Pasadena, DUI in Glendale, or DUI in Los Angeles, it may behoove you to learn more about what happened to Miquelon and to explore how Southern California DUI law may impact your potential penalties and defense options.

The charges constituted the 45-year-old’s second DUI within a year. Police charged Miquelon with three different offences:

1. Driving under the influence of alcohol.
2. Driving on a suspended license.
3. Driving with a taillight out.

Of the three charges, obviously the most serious is the DUI – serious not only for Miquelon’s personal life (he could have his license suspended and could have to serve time in jail) but also for his professional life and for the wellbeing of his company. When top executives at major companies commit criminal offences, the market takes notice, and volatility can follow.

Looking more specifically at Miquelon’s case — and its implications for Los Angeles DUI defense — what lessons can we draw here? Considering that Miquelon got arrested twice within essentially a single calendar year, perhaps we should review the penalties associated with multiple convictions of DUI in Southern California.

As you might expect, the more times you get convicted for a DUI, the greater your penalties will be. But what are the specifics?

1. First conviction.

The court might impose penalties like: 48 hours mandatory jail time, $1,000 fine along with court costs, formal probation, six weeks in DUI alcohol school, one year California license suspension, mandatory installation of a device in your car that will prevent you from starting it if you have any alcohol on your breath, and other punishments that the court chooses to impose.

2. Second conviction.

A 2nd conviction for a Southern California DUI misdemeanor charge (within 10 years) will lead to increased mandatory jail time (up to 10 days), increased time in DUI alcohol school, a license suspension twice as long (two years), and a spike in your court costs and fines.

3. Third conviction.

If you are arrested 3+ times within 10 years, you become a Los Angeles DUI recidivist (serial offender). A typical misdemeanor charge can be elevated to a felony count. This is a much more serious charge that could result in a longer jail sentence as well as the permanent loss of certain rights. In addition to seeing increases in your alcohol school time, license suspension duration, and court costs and fines, you will also see a major increase in your jail time – from a 10-day minimum for a second DUI to a 120-day minimum for third time DUI.

If you face a charge of Los Angeles DUI, you may need a reputable and careful attorney to develop a case for you.