Pasadena DUI Defense Attorney

October 31, 2012

How Not to “Tee Up” Your Pasadena DUI Defense: Drive 85 Miles Per Hour the Wrong Way on a One Way Street…

We’ve said it before on our Pasadena DUI defense blog, and we will say it again: many DUI defendants dig themselves a very deep hole, legally speaking, even after they’ve been stopped and interrogated by police.

Driving under the influence in Pasadena, in and of itself, can indeed lead to tremendous penalties. Even a misdemeanor conviction pursuant to California Vehicle Code Section 23152(a) or 23152(b) can set you up for punishments ranging from big fines and fees to insurance rate spikes to jail time. However, when you make additional “bad decisions” after your stop, such as fleeing from the scene, committing hit and run, or driving the wrong way down a one way street to escape a checkpoint or detection by police, you may make your defense massively more complicated.

Consider, for instance, the case of an underage driver pulled over on October 10th for DUI in Wilkinsburg, Pennsylvania… after clocking nearly 110 miles per hour on a street with a 35 miles per hour speed limit!

The underage driver had been zooming along Penn Avenue in her Audi at 109 miles per hour (as clocked by local law enforcement) before pivoting on to Pennwood Avenue, Hay Street and Walls Avenue. She then gunned it the wrong way down on one way street before police finally caught up. The driver now faces a litany of seven charges, including DUI as a minor (first offense), driving without a license, exceeding the speed limit by 80 miles per hour (!!), reckless driving, providing false ID to law enforcement, and driving under the influence with general impairment.

The driver initially gave the police a false name, then she recanted and agreed to participate in field sobriety tests, which she allegedly failed. She also blew a breathalyzer test twice, which showed that she had a BAC of 0.13% and 0.14%, respectively. The legal limit for Pasadena DUI, as you probably know if you’re a long time reader, is just 0.08%. So this woman tested at nearly double that amount.

One bad decision spiraling into many bad decisions – a common story in Pasadena DUI cases

Many defendants wind up “kicking themselves” the days and weeks after their arrest because they obviously “should have known better.”

In reality, you may have only made one really bad decision – i.e. to get behind the wheel while not quite sober. But prosecutors may ultimately hit you with multiple charges, each of which can carry heavy punishments, like jail sentences and costly fines.

To respond effectively, you need both a practical and deep theoretical understanding of relevant case law. Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers has helped many people in similar situations to yours come up with powerful, solid, and inventive legal defenses. As a former prosecutor, Attorney Kraut understands how prosecutors like to approach cases like yours, and he can craft and pivot your defense accordingly.

September 26, 2012

Careful What You Say After Your Pasadena DUI: For Instance, Don’t Post “LOL! I Got a DUI!” on Facebook, Like 18-Year-Old Paula Asher Did

by Michael Kraut

Your recent Pasadena DUI arrest was no laughing matter…or at least it shouldn’t have been.

Unfortunately, recently arrested defendants have a peculiar way of getting themselves into lots more trouble by doing dumb things after an accident/arrest.

Consider the case of Kentucky teenager, Paula Asher, who wound up getting a two day jail sentence for posting about her recent DUI accident on Facebook. Her message was simple and flip: “my dumb a** got a DUI and hit a car LOL.”

Local police said Ms. Asher hit a car carrying four teenagers and then tried to drive away from the scene of the accident. No one was hurt, fortunately. If you injure someone while DUI in Pasadena, you could face felony charges – with a possible jail sentence of greater than one year – according to California Vehicle Code sections 23153(a) and 23153(b).

Ms. Asher’s “LOL” comment infuriated the parents of the four teenagers she hit, and they complained to the judge at a July 20 hearing. The judge ordered the teenager to take down her Facebook page, but Asher did not comply. As a result, the judge sentenced her to two days in jail for contempt. She eventually relented and apologized, but still, damage had been done.

Asher’s case powerfully illustrates two key points:

1) What you do after your Pasadena DUI stop and arrest matters.

You can still say or do stupid things that can make your situation far more uncomfortable, legally speaking.

2) Our reactions to traumatic events often surprise even ourselves.

Odds are that Ms. Asher was not literally “laughing out loud” after she hit that car. She likely was just trying to process a scary event in her own way – her words just came out wrong. Understand that you may say or do things that are not in line with your values, or that you would never do “in real life.”

It can be difficult to protect yourself and those you love from harsh consequences from a Pasadena DUI. To that end, connect with the team here at the Kraut Criminal & DUI Lawyers in Pasadena for experienced, grounded advice. Attorney Kraut is no stranger to DUI cases – he spent 14 years as a city prosecutor prior to becoming a criminal defense lawyer, so he knows how prosecutors tend to treat Pasadena DUI defendants like you. He can advise you carefully and methodically to help you get best results.

August 29, 2012

Pasadena DUI News – Apparently, Lawnmower DUIs are Back in Style

by Michael Kraut

Hopefully, your Pasadena DUI arrest and charges were slightly less embarrassing than James David Gray’s.

According to The Gainesville Sun, the Floridian was busted for a lawnmower DUI earlier this month, when police officers saw him piloting his rented mower down the wrong way of a Florida street. The deputy who stopped Gray said that the man had a cold beer in his cup holder. He also allegedly confessed to having consumed 18 beers — apparently, his first alcoholic beverages in two years.

Gray’s breathalyzer test results were not particularly auspicious, either. While in police custody, he blew a 0.147% and 0.138% BAC, respectively. As dutiful readers of our Pasadena DUI blog know, the legal limit for a DUI here in Southern California is just 0.08% — even lower under certain special circumstances (such as if you are underage, etc).

So in addition to all the inglorious punishments you can face, including prison time, points on your driver’s license, suspension of your CA license, restrictive probation terms, fines, fees, bumps on your auto insurance, mandatory alcohol classes, and other dubious punishment, you also face indirect problems. For instance, say you’re at school — at UCLA or USC — and your license gets suspended. How are you going to get to class? How are you going to work or job? If you can’t get do those things, then how can you even exist out here as a student, employee, etc?

The degree to which you can successfully defuse your Pasadena DUI situation is to the degree to which you can gain control over vast swaths of your life, work, and future.

To that end, you need to choose your Pasadena DUI criminal defense attorney carefully. One of the reasons why so many people trust Michael Kraut of the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is that he is a former prosecutor: he spent 14 plus years “on the other side,” putting DUI drivers behind bars. He has also won great respect and admiration not only from his criminal defense clients but also from his legal peers – judges, prosecutors, etc. – past and present. Connect with attorney Kraut right now for a free and confidential case consultation to figure out what you can do to get out of your mess.

July 25, 2012

The Same Old Pasadena DUI Story, Different Place: 3 Doors Down Bassist Busted in Mississippi

by Michael Kraut

A Pasadena DUI arrest can be a folly or a tragedy, depending on your perspective.

Often, there are aspects of both folly and tragedy in the story. Consider, for instance, the arrest of Todd Harrell, the 40-year-old bassist for the rock group 3 Doors Down. According to a Mississippi police chief, Harrell was stopped at D’Iberville, MS after he flew through an intersection and hit a pickup truck. Harrell was not wearing his seatbelt.

The bassist just recently left 3 Doors Down due to reported health problems. Harrell helped form the group back in 1996 along with singer Brad Arnold and guitarist Matt Roberts. Harrell’s blood tests and toxicology report are both pending, according to the local Mississippi authorities. He was released on a $1,000 bond.

Fortunately, no one was serious hit or killed in the collision, although Pasadena DUI situations can often unfortunately end in disasters – like serious injury or death. In that case, a charge that ordinarily only be considered a misdemeanor DUI (per CVC 23152(a) or 23152(b)) would be ratcheted up to a felony charge per the Pasadena injury DUI statutes, CVC 23153(a) and 23153(b).

Even if you arrest was relatively straightforward — for instance, say you were stopped at a checkpoint near the 210 and you just barely failed a field sobriety test — you can still face suspension of your California driver’s license for over a year, major fees, court costs, fines, points on your license, a huge spike in insurance rates, and, yes, even jail time. Even first offenders who don’t hurt other people can be compelled to spend serious time behind bars.

And if there was anything that complicated your DUI charge — e.g. you were extremely intoxicated, you hurt someone, you have a conviction for DUI on your record – then prosecutors can really go after you and make your life very challenging. While even the most effective Pasadena DUI criminal defense attorney cannot make miracles happen, your choice of lawyer can be pivotal.

Turn to Pasadena DUI criminal defense lawyer – and former L.A. city prosecutor – Michael Kraut for help. Mr. Kraut has the wherewithal, skills, and resources to put together a powerful defense for you. Connect with the Kraut Criminal & DUI Lawyers team today for a free, confidential, and thorough consultation (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899).

July 9, 2012

Detroit Lions’ Aaron Berry Tagged for DUI – Lessons for Pasadena DUI Defendants

by Michael Kraut

Last week, 24-year-old Aaron Berry, a cornerback for the Detroit Lions, was arrested for DUI near the University of Pittsburgh after smashing into multiple parked cars. If you’re a defendant in a Pasadena DUI case – or you’re a friend or a family member of a soon-to-be-defendant – what lessons can we unpack from this NFLer’s situation?

First, a summary of what happened.

According to local news sources, Berry plowed his vehicle into multiple parked cars and then tried to flee the scene. Police caught up with him just a short distance away and arrested him. No one was injured. Berry hit with a DUI and charges for failure to stop and render assistance.

In the wake of the crash, Berry issued an apology through his agent, saying “This is not the example I want to set for young people, and it’s certainly not what my team and coaches expect from me. I promise to do everything in my power to make sure this never happens again.”

What are some of the implications of Berry’s arrest – implications that might be practical for you, if you’ve been busted for DUI in Pasadena or elsewhere in the Southland?

1. Your situation is probably not that unusual.

As this blog and other news sources have covered, NFL players are getting arrested in droves for driving under the influence recently – practically weekly. This problem is widely acknowledged by sports experts. But the point is that Berry’s situation is not without precedent – and your arrest is likewise almost certainly not without precedent.

2. Managing a charge of DUI in Pasadena is a process; there is no “magic pill.”

Berry’s situation is probably complicated – in addition to the apology he has made, he likely will have to jump through hoops to rehabilitate his professional and personal image. Likewise, even the most effective Pasadena DUI criminal defense attorney in the world cannot wave a magic wand and make everything right again in your world instantly. That said…
3. A great attorney can make an enormous difference.

The team here at the Kraut Criminal & DUI Lawyers in Pasadena (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you identify best practices, construct a tight and battle-ready defense strategy for you, and connect you with other resources to help you get things together.

July 2, 2012

General Anxiety and Depression After Pasadena DUI: What’s Going On?

by Michael Kraut

After recently being arrested for driving under the influence in Pasadena – or perhaps getting tagged for DUI near USC or UCLA – you’re having difficulty sleeping and stressing about your future. You may even be having feelings of depression that are seemingly unrelated to your recent DUI arrest.

Why? What’s going on?

For instance, maybe you’ve been wistfully recalling a break up with an ex-girlfriend or ex-boyfriend. Or maybe you’ve been just feeling homesick or whatever. Where does this generalized anxiety and depression come from? Is it related to your Pasadena DUI? What can you do to gain control of your legal situation and protect your driving privileges? And how can you feel back in control after the events of the past few days or weeks?

Feeling “out of control” is often a symptom of deeper needs not being met
In this article, you will be introduced to a very cool tool to “help you drill down” to get to the root source of your post Pasadena DUI dissatisfaction. You will also get to meet a premier Pasadena DUI criminal defense attorney – more on that later.

First, crystallize in words one problem related to your “post DUI” malaise. Just take out a piece of paper right now – or a word document – and write down what’s on your mind that’s causing you anxiety. For instance:

1. “If I lose my license, I have no idea how I’ll get to school.”
2. “I’m terrified about going to jail – even for a few days.”
3. “I don’t know how I’m going to tell my parents about my DUI.”

On your own, go through the following exercise with all the statements you come up with. We’re only going to do one “drill down” in this blog post for brevity’s sake.

So pick one statement – we’ll go with the third statement here – and start to drill down by asking yourself questions about it. Specifically, ask yourself WHY the issue concerns you. This is an iterative process. So once you get to a reason, you want to get to the root of that reason and so forth and so on.

#1: I’m terrified to tell my parents about my Pasadena DUI.

Why?

#2: Because my parents won’t understand; they’re going to yell at me and cut off my tuition.

Why are your parents not going to understand and cut off your tuition?

#3: Because my dad already thinks that I’m slacking off at school.

Why does your dad think that?

#4: Because he’s always told me that I’ve been squandering myself out here in Los Angeles, and that I should have taken a job as an engineer back home.

And why is that a problem for you?

#5: Because I want to be able to be left alone and do my own thing and not be constantly judged!

Do you see how this exercise drills down to deeper emotional truths?

In our fictional example, the DUI defendant reaches an epiphany about his relationship with his dad – and even gets to a deeper need about wanting to be independent.

Having this kind of self realization is critical. Once you surface that need and meet it somehow, perhaps you’ll be less likely to become a recidivist Pasadena DUI offender.

If you’re just looking for brass tacks – help to get out of your legal jam – consider connecting immediately with the professionals at the Kraut Criminal & DUI Lawyers. Attorney Kraut is a former city prosecutor for Los Angeles – a senior Deputy District Attorney, in fact – and he has helped many people in very similar situation to yours get clarity and get results.

June 25, 2012

Pasadena DUI News: Extreme BAC Level Shocks Arizona Cops

by Michael Kraut

Were you recently stopped and arrested for driving under the influence in Pasadena? Did you have to submit to a breath or blood alcohol test? If so, odds are that your BAC was substantially lower than 0.328% – the reported BAC level of a 52-year-old Arizona man caught speeding on County Route 1 in Mohave County, AZ.

According to reports, police pulled Scott Jarc over at around 4 AM and noticed an extreme smell of alcohol coming from his vehicle. “Odor of alcohol” is one of the classic symptoms of Pasadena DUI, by the way.

Jarc admitted to having consumed alcohol earlier in the evening, and field sobriety tests confirmed the suspicions. Jarc’s BAC reading of 0.328% was four times the legal limit for DUI in Pasadena, as defined by California Vehicle Code Section 23152(b), of 0.08% BAC. As a result of this extreme BAC, he got hit with four different charges, including standard DUI of 0.08%, DUI over 0.15%, and DUI over 0.20%. Authorities said that Jarc was lucky to have survived that amount of alcohol in his system – guidebooks suggest that 0.35% BAC is the equivalent of a surgical anesthetic, and that level can lead to coma or death. At 0.40% BAC, you can suffer respiratory arrest and other serious medical problems, including death.

Jarc’s extreme BAC is actually not the most extreme BAC ever recorded on a DUI driver or other person. In fact, in one of our blog posts about a year ago, we reviewed even more extreme BAC cases – people who allegedly had BAC levels of over 0.80% or even above 1%! Seems impossible, but apparently people have sustained that level of intoxication and survived.

Bouncing back after a Pasadena DUI charge is not easy to do, particularly if your charge is complex or confusing. The positive news, if that’s even an appropriate word to use, is that the professionals at the Kraut Criminal & DUI Lawyers in Pasadena (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you manage your next steps effectively. Michael Kraut is an ex-prosecutor for Los Angeles – he actually served as a Senior Deputy District DA. Connect with Attorney Kraut today for an immediate, complete, and stress-reducing complimentary consultation about what to do next.

June 13, 2012

Got Multiple Pasadena DUI Charges? Lessons from NFL Debacles!

by Michael Kraut

If you or someone you love was arrested for driving under the influence of alcohol in Pasadena recently – and it was not your first arrest on such charges! – you are not alone. The National Football League had a “multiple DUI” week last week: the Detroit Lions’ Nick Fairley, the Jaguars’ Justin Blackmon, and the Vikings’ Jerome Felton all got tagged for driving under the influence within 48 hours of one another.

• Felton was stopped on June 1 and arrested under suspicion of DWI in Minnesota, after he refused to submit to a BAC test.
• Blackmon was hit on the morning of June 3rd – his second DUI in two years (we covered his arrest in detail in a separate blog post).
• Fairley, a defensive tackle for the Lions, was also hit for DUI on June 3rd – in Alabama.

According to reports, Fairley was arrested for DUI one month ago, too. His second arrest was fairly dramatic (no pun intended). Apparently, he had been piloting his Cadillac Escalade SUV at over 100 miles per hour while DUI and under the influence of marijuana. When a state trooper tried to pull him over, he refused to capitulate… and thus ultimately earned himself a charge of eluding the police. Finally, he also lacked insurance for his SUV, so he got stuck with “no proof of insurance charges” as a kind of proverbial cherry on top!

You can look at these three arrests and conclude that “something must be wrong” with the NFL. There very well might be. But understand that just looking at single weekend’s worth of arrests (or non arrests) can easily mislead. This is a myopic perspective – a narrow-minded one. We would need to look at the DUIs in context to understand their deeper meaning for the NFL.

Similarly, it would be narrow-minded to say anything definitive about your life or your personality or your potential for recovery just by looking at how you behaved during and immediately after your Pasadena DUI arrest.

That being said, if you don’t handle your DUI effectively and resourcefully, you could face profound punishments. These could go well beyond jail time and license suspension. (Those two punishments are the most prominent in many defendants’ minds.)

Think about what might happen to your insurance rates over the next several years as a result of a DUI conviction, for instance. And have you contemplated what will happen to your professional reputation and credentials if your Pasadena DUI charge sticks?

To resolve the stress, uncertainty, and fear, you need good allies and powerful resources. An experienced, savvy attorney with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you understand exactly what to do next to maximize your chances of a positive result – perhaps even a dismissal of the charges entirely.

March 28, 2012

What if Driving While Texting was Punished the Same Way We Punish Driving Under the Influence in Pasadena?

by Michael Kraut

Driving under the influence in Pasadena (or anywhere else on earth, for that matter) is a dangerous and reckless act. Countless studies show that drivers who are DUI are less capable of responding to surprises on the road, more likely to get into injury accidents and cause property damage, and so forth.

Unless you’ve been living under a rock, you do not need yet another lesson from a Los Angeles DUI attorney about why this behavior should not be done.

But here’s something interesting! We don’t recognize that other acts that we do behind the wheel may be as dangerous – or perhaps even more dangerous – than DUI. Take texting while driving, for instance. Now, you may be familiar with reports like the famous Virginia Tech study from a few years ago that found that truck drivers who drove while text messaging were something like 20 times more likely than non-texting drivers to get into injury accidents. That’s 20 with a “2” and a “0.” Other studies from reputable institutions (you can Google around if you’re really curious) have basically come to the conclusion: driving while texting is as dangerous as driving under the influence in Pasadena if not significantly more so.

That being said, most people have an extremely difficult time really “grokking” this concept. The legal system certainly has not caught up with the science. Yes, driving while texting in California is illegal, and you can get punished. But compare the punishments for driving while texting with the punishments for DUI in Pasadena: mandatory jail time, interlock ignition device installed in your car, massive fines and fees and other costs, huge insurance inconveniences, loss of reputation, mandatory alcohol school, and so forth and so on.

Imagine if you had even close to similar punishments for driving while texting. Try telling a teenager who text messages 60 times a day that she can’t text for the next six months. See what happens. Or imagine if a driver caught text messaging had to spend 8 weeks at a class about the dangers of texting while driving.

This is not to argue that we should necessarily be more lenient on people who break laws like California Vehicle Code Sections 23152(a) and 23152(b) but rather that things should be more even handed. If driving while texting is statistically the equivalent (or worse) of driving while DUI, shouldn’t we apply our moral standards appropriately?

Having said all that, if you’ve already been tagged for a DUI, you are probably less concerned with fixing the strange artifacts of our justice system than you are with avoiding jail time, keeping your license, and cleaning up after the stop and arrest.

To that end, talk to Pasadena DUI criminal defense attorney Michael Kraut. As a former prosecutor who established the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899 ) after spending 14 years on “the other side,” Attorney Kraut boasts a terrific reputation not just among clients but among judges and his legal peers. He regularly provides expert commentary for news media like KTLA, the New York Times, Fox News, and the Los Angeles Times.

March 14, 2012

Pasadena DUI Breathalyzer News: Hundreds of San Francisco DUIs Could Be Tossed Due to Breathalyzer Test Issues

by Michael Kraut

If you’ve recently been arrested and convicted of a Pasadena DUI due to a breathalyzer test, some breaking news should be of profound interest for you. This knowledge could be crucial, if you want to understand what defenses might be available to protect you from penalties like jail, alcohol school, driver’s license suspension, and the rest of the works.

San Francisco police are investigating up to 1,000 local DUI convictions due to problems revealed with 20 local breathalyzer machines. For about a decade, these machines were poorly calibrated and maintained. Police did not test these machines effectively. According to a local public defender, the breath tests needed to be inspected every 10 days, “and that wasn’t happening.”

As a Los Angeles DUI attorney will tell you, breath tests work by measuring the alcohol exhaled from the lungs. Even under the best of conditions, breath tests can be problematic. Different people process alcohol differently. A heavy set man on a diabetes medication might absorb alcohol vastly differently than might a healthy slim 20 something year old woman. The amount of air you exhale into your Pasadena DUI breathalyzer test can radically affect your reading, too. This is the reason why police tell you to take a “deep breath” before you blow into one. We could (and in previous blog posts, have) go on and on and on about all the different possible problems with breath tests. And that’s IF the tests function perfectly.

So what’s happening in San Francisco? How might it impact you?

First off, the 20 bad breath test machines have been taken off out of operation. The consequences of the police negligence could linger, however. In some cases, massive damage may have already been done. As Trent Copeland, a legal analyst for CBS News, put it “when [a breathalyzer] fails, when the computer-generated technology simply isn’t maintained properly, then suddenly the whole system is thrown into chaos and we can’t rely on anything in terms of the results.”

An amazing situation, isn’t it? But here is what’s even MORE amazing…
According to another legal analyst for CBS News, Jack Ford, the San Francisco case may inspire other police departments across the United States – including here in Southern California – to reassess how their breath systems work (or do not work). That’s crucial. If it turns out that your Pasadena DUI breathalyzer was flawed, you might have extra leverage to defend yourself.

Of course, your choice of Los Angeles DUI lawyer can make a huge impact — either positive or negative — for your case. An inexperienced attorney – or someone who doesn’t really understand the diversity and magnitude of potential breathalyzer test flaws – may not be able to develop the most strategic case for you.

Fortunately, you can turn to the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899 ) for guidance. Attorney Michael Kraut is a Harvard Law School educated Pasadena DUI criminal lawyer who served as a prosecutor before becoming a criminal defense attorney. As such, he understands what prosecutors look for, and he knows how to poke holes in the cases that they build against defendants.