Articles Posted in Pasadena DUI Defense Attorney

Obviously, anyone charged with a serious crime like driving under the influence in Pasadena needs to take proactive, responsible, strategic action. The consequences of a less than stellar Pasadena DUI defense could mean anything from extensive and unnecessary jail time to catastrophic destruction of your personal and professional reputation.michael-jackson-propofol-doctor-trial.jpg

But in the grand scheme of things, you can at least be thankful that you are not sitting in the hot seat currently occupied by the late Michael Jackson’s erstwhile physician, Dr. Conrad Murray. Last week, Jacko’s personal physician squared off against prosecutors at Los Angeles County Superior Court (Judge Michael Pastor presiding). Drama started the day before opening statements, when the judge two made pivotal rulings – one that Murray’s attorneys no doubt cheered and one that they jeered.

Defense Attorneys Cheered (Probably):

Prosecutors will not be allowed to tell jurors that investigators contacted Murray four times to re-interview him. According to a Los Angeles Times report: “The physician and his lawyer met with police for a lengthy interview two days after Jackson died, but an e-mail and phone calls to the attorney and Murray’s office were not returned.”

Defense Attorneys Jeered (Probably):

Jurors will not get to see a video of Michael Jackson’s last ever news conference. Murray’s lawyers wanted to include the footage, which allegedly “showed Jackson “under the influence” in public three months before his death and…established that the singer had agreed to a comeback concert series of just 10 “This Is It” shows and not the 50 ultimately scheduled.”

The 58-year-old Murray faces up to four years in jail as well as the loss of his license to practice medicine if the jury convicts him of involuntary manslaughter.

Prosecutors are trying to build a case that Murray gave Jackson propofol, an anesthetic used in surgery, to help the pop star sleep – a clear and scary violation of physician norms. Murray’s camp, however, contends that the King of Pop dosed himself to death.

Jacko’s doctors legal woes notwithstanding, if you face Pasadena DUI charges, your mind is likely completely consumed with your potential punishments and possible opportunities to fight back. What strategies should you adopt? What Pasadena DUI criminal attorney can you trust to protect your rights and ensure that you get the best possible outcome?

These are important questions to think about. Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) would be happy to speak with you about what you might be able to do to improve your legal situation. Not only does Attorney Kraut have a Harvard Law School education, a great record at jury trials, and experience as a former prosecutor (14+ years as a Deputy DA for Los Angeles) but he’s also been featured as a legal expert for Legal Broadcast Network, U.S. Weekly, The Los Angeles Times, and KTLA Channel 5.

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The law says, quite clearly, that driving under the influence in Pasadena is illegal. If you are caught breaking the law, you can face an unpalatable gamut of punishments, including jail time, fines, fees, a damaged reputation, suspended license, mandatory interlock ignition device installation in your car, and so on and so on. Yikes.joe-brennan-DUI.jpg

The point is: the law is crystal clear. As it is elsewhere in the United States.

Nevertheless, even lawmakers themselves time-to-time violate it!

Here’s a case in point. Way out in Bethlehem, Pennsylvania, PA State Rep Joe Brennan got arrested for driving with a BAC of 0.30% – nearly four times the legal limit for Pasadena DUI, according to California Vehicle Code Section 23152. Last Tuesday, the Democrat abandoned his right to a preliminary hearing, and his stunningly high BAC was made public.

Due to the extremely high BAC, Brennan faces steeper charges that could net him fines of up to $5,000, a full year license suspension, and up to half a year in jail. This judge called the Rep’s BAC “alarming.”

The 47-year-old got arrested back in late June. According to court reports, he had been weaving all over the road. His driving was so horrific that another driver, Angel Hernandez, called 911 to report him. Eventually, he pulled into a parking space, hopped out of his car and promptly fell and hit his head really badly. Another driver, Angela Cartwright, saw Brennan fall. Bystanders helped him up… and he hopped into his car and drove away.

Later, police reported that Brennan “had a strong odor of alcohol on his breath.” He also had slurred speech and bloodshot eyes. These are all common symptoms of Pasadena DUI. (Other common symptoms include loss of coordination, inability to answer police questions coherently, conflicting stories, aggressive or odd behavior, inability to complete field sobriety tests, and failure to pass a breathalyzer test.)

A competent Pasadena criminal defense attorney, such as Mr. Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can help you identify and address the problems you face, so you can begin to constructively deal with them – and avoid causing yourself new problems.

If you did get pulled over with a very high Pasadena DUI BAC — or you destroyed property, committed a hit and run, or even hurt another person while under the influence — now is the time to make resourceful, appropriate, sensible decisions. Connect with Mr. Kraut (a former city prosecutor) to discuss your concerns and a better way forward.

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If you or someone you know has been recently arrested for driving under the influence in Pasadena, inevitably, when you discuss your situation, you and your fellow armchair pundits will bring up the concept of “genetics.” gardner-dui.jpg

How might your genes (or your friend or family member’s genes) have played a role in the accident and/or arrest? Might there one day be a gene that scientists can target to eliminate problems like DUI in Pasadena, Burbank DUI, Glendale DUI, and Los Angeles DUI?

There is obviously some link between alcoholism and genetics. But how sturdy a link? No one really knows.

A crazy story last week out of Idaho Falls, Idaho suggests that genes may have a lot more relevance than the policy community acknowledges. 51-year Diana Gardner and her daughter, 28-year old Alisha Gardner, got arrested for DUI in Idaho Falls in totally separate incidents within a single hour of one another! Amazing.

A blog post at gather.com can fill us in on the details. Allegedly, a sheriff’s officer had seen the younger daughter “swerving and crossing the central line, posing an extreme threat to other drivers in the area. Her blood alcohol level was measured to be twice the legal limit. Within that same hour of time, [Alisha’s mom] drove out to her daughter’s car in order to retrieve the dog. When she arrived, the same officer smelled alcohol on her and had her go through a test as well. Diana Gardner’s blood alcohol level came back at twice the legal limit as well, netting her a jail cell right along with her daughter.”

At first blush, you might immediately leap to judgment: something is clearly wrong with both the mother and the daughter! Maybe they both have a genetic propensity to alcoholism, you might muse. Or maybe they both have genetic propensity to make poor driving decisions. Who knows.

But a deeper and more subtle (and interesting) reading of the story could be as follows. We all know that biochemistry can impact your Pasadena DUI breath test. Some people, for instance, process alcohol differently than others. It’s been proven that men process alcohol differently than women do. And that diabetics underperform on breath tests.

So maybe — just maybe — both Gardners have a genetic propensity to perform poorly on breath tests. In other words, maybe these women are genetically predisposed to process alcohol in a way that makes “false positives” for DUI more likely. Now, since these women were both allegedly twice the legal limit for Idaho Falls DUI, this hypothetical is probably moot.

But say they both tested right at the cutoff line for DUI – 0.08% BAC for a Pasadena DUI. Then more subtle factors, like a genetic predisposition to “test badly” on breathalyzers, might come into more play.

The general point here is that, when it comes to DUI charges, there is often more than meets the eye. But to probe your case and tease out “out of the box” defenses, you want to be sure to work with a Los Angeles criminal defense attorney who has plenty of experience, a great reputation, and a deep understanding of the applicable law. Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can guide you and help you build a strong case.

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What if you could just click your heels three times and make your Pasadena DUI charge disappear, like something out of the Wizard of Oz? That’s obviously impossible, even for the most adept Los Angeles criminal defense attorney. But you may have more resources to battle charges of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI than you realize.pasadena-dui-montana.jpg

Situations that at first seem dire can often be resolved successfully through negotiation, strategic planning, and well-directed effort. Consider, for instance, the case of Nate Montana, a quarterback for the University of Montana and the oldest son of Hall of Famer Joe Montana (try saying “Montana” three times fast). On June 3rd, the younger Montana got pulled over and arrested under suspicion of DUI. He refused a breathalyzer test but performed relatively well on field sobriety tests. Ultimately, the Missoula County Attorney’s Office decided that Montana’s performance on the FSTs did not merit a DUI charge. Montana worked out a plea deal. He agreed to pay $435 in court costs and fines, participate in a chemical dependency program, and accept a six month license suspension (because he refused the breath test). In exchange, the court suspended a 90-day jail sentence for the Grizzlies’ QB.

This was not Montana’s first brush with the law – or with charges of intoxication. Last year, while playing for Notre Dame, he and 10 other Fighting Irish athletes were busted for underage drinking and charged with misdemeanors.

If you’ve been recently hit with a charge of driving under the influence in Pasadena, you might be wondering how this “football royalty’s” experience relates to yours in a constructive way. It does, obliquely. Nate Montana’s experience illustrates that DUI defendants – even ones who perform inadequately on Pasadena field sobriety tests (e.g. figure to the nose, Rhomberg, walk the line, counting backwards by threes, etcetera) can rebound surprisingly quickly from their charges and from the humiliation, frustration, and agitation.

The first step is getting the best help you can and identifying a clear path toward success. Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you outline, sketch out, and move forward with an appropriate strategy based on your needs, concerns, and principles. Mr. Kraut is a renowned former prosecutor who often appears on television (and in major newspapers) as an expert guest commentator on DUI news issues.

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Last Monday afternoon, while most Pasadena DUI blogs (and, let’s face it, the entire news media) had attention turned towards the fatal catastrophe in Pennsylvania that took the life of Jackass co-star Ryan Dunn, Idaho Senate Caucus Chairman John McGee quietly bailed himself out of jail on a $5,000 bond, following a brief 10 minute hearing. The Republican Chairman of the Canyon County’s GOP was involved Saturday night in a truly bizarre disaster that surpassed any of the weird arrest and news stories involving Los Angeles DUI, Burbank DUI, Pasadena DUI, and Glendale DUI last week.idaho-state-senator-john-mcgee.jpg

Let’s lift the lid on this curio and discuss its broader implications.

According to the Idaho statesman, “The 38-year-old Caldwell Republican was arrested early Sunday morning on a charge of felony truck theft and misdemeanor DUI, after police found him in the backseat of an SUV – towing a 20-foot trailer – that witnesses say he initially tried to drive off in.”

McGee apparently blew a 0.15 BAC level – nearly twice the Pasadena DUI limit of 0.08% — after drinking and partying at a golf course club house in Boise.

Around about 3 A.M., he hopped into a Ford Excursion and drove away… but then jackknifed the 20 foot rig before getting too far. Two teenagers watched the bizarre accident scene unfold, and the mother of the boys noted that “McGee appeared to be disoriented and hallucinating.” The Idaho Statesman also noted that the Senator’s attorney “might argue that a medical issue was at play.” A hearing has been set for the 1st of July, and many Idaho state political figures are keenly watching the outcome here, as it might have strong bearing on future elections.

One thing that’s striking about this story is that McGee was not exhibiting typical Pasadena DUI symptoms. Normally, someone under the influence might behave recklessly, incoherently, smell like alcohol, or blow a high BAC reading on a breathalyzer test. But if McGee indeed had been hallucinating — and if he did in fact have an underlying medical condition — these factors might influence the nature and quality of his defense. Obviously, it’s illegal to drive with a BAC level of greater than 0.08% in Idaho, just as it is here in Pasadena. But your Los Angeles criminal defense attorney will probe the details of your arrest for facts just like these to help construct a sympathetic and smart defense. After all, your punishments (and potential counterarguments to prosecutorial charges) depend intimately on a clean and vivid accounting of the true facts of the DUI stop and any subsequent acts that you or police officers took.

Pasadena’s Michael Kraut (Kraut Criminal & DUI Lawyers located at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the track record and success at jury trials, knowledge of prosecutorial tactics and strategies, and diverse experience you need to identify your most strategic path to success. This may not mean getting all of your charged dropped, but it will mean feeling less overwhelmed, anxious, and confused. And more confident about exactly what you need to do to restore your life and make amends for any wrongdoing you committed.

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If you have recently been arrested and charged with driving under the influence in Pasadena or elsewhere in Southern California (e.g. DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles) chances are you’ve tuned into some very curious news out of Santa Clara County, California. Over 850 DUI cases up are being reviewed, after evidence emerged that the Alco-Sensor V breathalyzers used throughout Palo Alto and San Jose may have been significantly defective. As this blog reported a few weeks ago, the Alco-Sensor V breathalyzers have a manufacturer’s defect that causes condensation buildup and skews BAC readings.Breathalyzer-pasadena-dui.jpg

The defective breathalyzers may have led to false arrests and convictions.

All that said, so far the Santa Clara County Public Defender’s Office has not identified too many problematic cases. Out of 858 files that theoretically could have been disputed, so far, only 42 questionable cases have so far surfaced. An Assistant Public Defender, Nona Klippen-Hughes, admitted “I don’t think there is going to be a huge number of cases.” Part of the problem is that the average BAC level for arrest was 0.19% – significantly over the legal limit – and many suspects who used the Alco-Sensor V device also blew DUI positive breath results at the police station after being taking into custody.

So the revelation about the faulty machines may not be as “newsworthy” as initial reports suggested…unless, that is, you consider the story in context. Then, it gets a LOT more interesting. For instance, Vermont and Florida have witnessed serious breathalyzer-related problems that may result in a wholesale throwing out of some pretty big charges.

These breathalyzer-related mishaps are disturbing. Especially because it can be easily demonstrated that breath tests skew in a variety of ways. As this blog has noted time and again, if you blow deeply into a breathalyzer machine, you get a higher BAC reading than if you blow lightly. Men and women process alcohol differently. Chemicals on your breath alter these tests. Calibration and officer errors mess them up. And, obviously, manufacturing defects can also do the job.

A Los Angeles criminal defense attorney can unpack the evidence against you and develop a battle plan to fight the charges. For instance, say you blew an over-the-limit BAC level reading on a breathalyzer. Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) could potentially challenge the results on a number of grounds. Attorney Kraut served as a prosecutor for nearly 15 years. He still uses his connections, insights, prosecutorial mindset, and perspective to help clients get the results that they want and deserve.

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Attorneys and pundits who follow news about Pasadena DUI (and DUI throughout the country) are keeping a keen eye on Sarasota County, Florida, where an otherwise boring and workaday DUI trial may have profound implications for the use of DUI breath tests in Florida – and perhaps, indirectly, Southern California (e.g. Pasadena DUI, Burbank DUI, Los Angeles DUI, and Glendale DUI).Intoxilyzer-8000.jpg

At issue is whether the Intoxilyzer 8000, a breath test machine that Florida troopers use exclusively, generates scientifically sound results.

According to an article in the Herald Tribune, “A five-year legal dispute over the machine has left prosecutors in Sarasota and Manatee counties unable to use Intoxilyzer 8000 test results to trial without bringing experts to prove the machine is scientifically sound… if prosecutors prevail, the hearing could save one of the most powerful pieces of evidence in DUI trials… but if not, prosecutors may not be able to use alcohol breath test in DUI trials, making it harder to prove cases or get DUI pleads.”

As this blog has reported, the Intoxilyzer 8000 is not the only breath test machine under fire recently. Both Southern California DUI breathalyzers and Vermont breathalyzers have come under heavy fire this year.

The Sarasota case has some very interesting details. The defendant, Felicia Bridwell, is a 25-year-old who was stopped last August. She admitted to having consumed two glasses of wine – “one at dinner and one at home” and performed her field sobriety tests adequately. But her Intoxilyzer results measured her BAC at 0.10% – greater than the 0.08% that marks the cut-off for Southern Florida and Southern California DUI. Her reaction was astonished and nonplussed: “Are you serious? Are you serious? I didn’t pass the test?”

Now, of course, just because certain breathalyzer tests are faulty doesn’t mean that no one drives DUI. It just means that the tests may be far more flawed than most people realize. Depending on whether you have certain diseases or conditions; whether you blow hard or soft into the machine; whether the machine is properly calibrated; and probably dozens of other factors, your reading may be higher or lower than your actual, real world BAC level.

Who knows how this campaign to demand accountability from our breathalyzer machines will end? Clearly, we need two things:

1. A way for authorities to better analyze BAC readings, so drivers get treated more fairly.
2. Creative, sensible solutions to eliminate or at least limit bad and dangerous driving behaviors.

These two aims may not be exclusive.

On the practical side, a Los Angeles criminal defense attorney, such as Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899), can give you clearheaded, strategically sound advice about how to build your Pasadena DUI defense. Mr. Kraut has the experience, track record, reputation, and compassion to meet your needs.

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Those who cover Pasadena DUI stories often set their sites on parochial stories – that is, police blotter news items about things like Glendale DUI, Burbank DUI, Los Angeles DUI, and Pasadena DUI. But it’s often helpful to analyze national news as well to get perspective on how the goings on in other states might have bearing on the politics, science, and legal philosophy of Southern California DUI defense.

Regular readers will remember that we have been closely following reports a few months ago on the revelation that many San Fernando DUI breathalyzer tests used from January to March this year had been compromised by technology flaws. Well… it turns out that Southern California DUI breathalyzer tests are not the only broken breath tests out there this year.breathalyzer-los-angeles.jpg

Check out this breaking news out of Montpelier, Vermont of all places (quote comes from the AP): “A mistake in the software setup on a breath analysis machine and whistle-blowers’ complaints about unethical lab work threaten dozens of drunken-driving prosecutions in Vermont. At issue are breath tests performed by a DataMaster DMT machine at a Vermont State Police barracks that authorities say was not set up properly. Amid a broadening inquiry by two defense attorneys, dozens of criminal convictions could be reopened and a handful of civil license suspensions are being overturned.”

The AP article also mentions that literally hundreds of DUI cases may be reopened and reevaluated because of other Vermont Department of Health machine maintenance problems.

Despite the snafu out of Vermont and the problems that we reported about here in Southern California, it’s unlikely that police officers and the public will seriously reconsider the efficacy of breath tests.

This is, in a word, frustrating. No matter how often blogs like this report on the potential technical glitches, human errors, and other problems that can distort readings and cause false positives (such as ketones on the breath, the fact that men and women process ethanol alcohol differently, the fact that the depth of the breath that you blow into the machine can alter BAC results, etc.), we still collectively give breath tests way too much “trust.”

An experienced Los Angeles criminal defense attorney can review the breath test that officers conducted on you and determine if and how to challenge those results. Michael Kraut (of Pasadena’s Kraut Criminal & DUI Lawyers – 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the facility and familiarity with DUI law you need. Mr. Kraut served for nearly 15 years as a prosecutor for the city prior to representing defendants of DUI crimes. He has a great track record at jury trials, and he has won the respect of peers in the legal community.

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Driving under the influence in Pasadena with a blood alcohol concentration of 0.17% – more than twice the legal limit – is very likely to get you into trouble. Sergio-Kindle-DUI.jpg

If you doubt this notion, just talk to Ravens’ rookie linebacker Sergio Kindle. The 23-year pled guilty last Tuesday in a case stemming from a December 2010 arrest. Police pulled Kindle over the day after Christmas on Interstate 95 and later tested him at a county detention center to discover that he had a BAC of a whopping 0.17%. That’s easily enough to constitute DUI in Pasadena, Glendale DUI, Burbank DUI, or Los Angeles DUI.

According to a Washington Post blog report on Kindle’s guilty plea, the linebacker will get two years of unsupervised probation and mandatory treatment and self-help meetings. If he violates the terms of the probation, Kindle could face nearly a full year behind bars. If the judges in Maryland take DUI probation violations as seriously as the judges do here in Los Angeles (ask Lindsay Lohan!), Kindle has plenty of motivation to reel in his behavior. The judge in this case allowed the probation because Kindle demonstrated “positive steps” during his rehabilitation. He spent five days in a facility in Owings Mills to get treatment for alcohol abuse, for instance.

Kindle also issued a statement of contrition during the hearing: “I am very remorseful for my actions. I am held to a higher standard and people look up to me. I see that it’s a problem and I am here to get it treated. I want to continue to address this as long as need be.”

When someone gets pulled over for DUI in Pasadena, the police will often subject them to tests known as Field Sobriety Tests, or FSTs. These involve observations, analyses, and physical and mental challenges to help the officers ascertain whether or not you are under the influence.

One of the first tests is something called a horizontal gaze nystagmus test. A police officer will test the motion of your pupils by flashing a flashlight in your face, for instance. Delayed pupil response may indicate that you are DUI. Other tests could involve balancing on one leg, tilting your head backwards, pacing back and forth across a white line, and even extending your arms in both directions, then closing your eyes and then trying to touch your nose with the tips of your fingers. Police may ask you to recite the alphabet backwards or count backwards. And your results in the tests may be combined with other kinds of assessments – if you are visibly intoxicated, stumbling, uncoordinated, smell like alcohol or admit to having consumed alcohol, the police will be more suspicious that you are actually DUI.

A Los Angeles Criminal Defense Attorney – such as Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you respond in a smart and proactive way to the charges against you to help you save your license, potentially avoid jail time, and regain a modicum of relaxed control of your life.

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Last week saw some major breaking Burbank DUI news – the Ventura County District Attorney’s Office released memos showing that Intoximeter’s Alcohol Sensor V breathalyzer tests — used in the field between January 20 and March 31st this year — have demonstrated “erratic results.” The upshot is that many people arrested for crimes like Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI over past three months might have been victimized.breath-test-LA-DUI.jpg

According to reports, an officer in the field discovered the defect in the new breathalyzers. He reported the problem, and the police quickly pulled the machines from the field (128 devices total – each one worth approximately $4,800!).

Further testing revealed that chilling the machines skewed their readings. Officers get four hours of training on breathalyzers before they use them in the field. Intoximeters Incorporated (a St. Louis Company) allegedly put the devices through pretty vigorous beta testing. But despite these precautions, serious design flaws persisted. Tragically, the flaws may have lead to the unjust arrests and convictions of many people in 2011.

As this Burbank DUI blog often points out, the legal limit (stipulated by California Vehicle Code Section 23152(b)) for driving under the influence in CA is 0.08% BAC. This means, in other words, if you blew into an Alco-Sensor V machine and got a reading of, say, 0.10% BAC, you might have been arrested for a crime you didn’t actually commit.

An experienced Los Angeles Criminal Defense Attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (offices in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), would point out that breathalyzers in general have far more flaws than the public typically knows about.

Men and women, for instance, process alcohol differently. Diabetics and dieters often produce chemical compounds known as ketones on their breath which can generate “false positives” on BAC tests. The devices may be poorly calibrated or misinterpreted. The devices may also malfunction under certain pressure and temperature conditions –witness what happened here with the Alco-Sensor V debacle.

This breathalyzer disaster also drives home how important it is for defendants to work with high-quality attorneys. When you are charged with a DUI, not only can lose your license, but you can also be slapped with penalties such as fines, court costs, jail time, mandatory probation, mandatory IID installation, and alcohol school. You may also face negative repercussions for your career and reputation.

Attorney Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers can speak with you about how and why you got pulled over for Ventura County DUI and explain your rights, responsibilities, and “best path” forward, so you feel more comfortable and secure about the direction of your defense.

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