Articles Posted in San Fernando DUI Defense Attorney

The typical Glendale DUI defendant often has a lot to complain about. Sketchy police behavior, a daunting bureaucracy, and less than sympathetic colleagues and family members can make your situation more complicated and fraught than it already is. However, the real problem may lie even deeper.glendale-DUI-treatment.jpg

Say you have substance abuse issues. You might diagnose yourself as “addicted” to substances like alcohol, narcotics, pain killers, prescription drugs, et cetera. So the question of whether you’re being “treated fairly” has a double meaning. Are you being “treated fairly” by the Los Angeles DUI defense system? Are you being “treated fairly” for Glendale DUI rehab?

Addiction: Caused by Powerlessness… or a Misplaced Attempt to Empower?

As any Los Angeles DUI attorney will tell you, the dominant treatment for drug and alcohol addiction is the 12 step program. One animating principle behind this approach is that addicts must admit that they are “powerless” over drugs and alcohol to regain control. Most treatment approaches build off this assumption. We believe that behaviors like drinking too much or eating too much or doing anything else in excess stem from impulse control. Unless you acknowledge that you are “acting out” in a destructive way – and work towards suppressing that “acting out” – you’ll likely fail to get your problems under control.

The bottom line: you’re likely to become a Glendale DUI recidivist. As we have talked before on this blog, the more times you get arrested for Glendale DUI, the more trouble you can get into – a person who gets a third misdemeanor conviction within 10 years, for instance, can see their charges bumped from misdemeanor to felony.

An alternate point of view suggests that addictive behaviors are rooted in our need for empowerment. Think back to the last time you “craved” a drink or a smoke or even some time to play video games on the internet. Odds are, you probably had an unhappy or frustrating thought prior to that impulse. Maybe you fought with your boss or spouse. Or maybe you got cut off in traffic.

Once you make the decision to have a drink — to do the addictive behavior — you automatically start to feel better. Taking this action reestablishes your sense of power and control over your life. Think about what that means! You are inspired to take these destructive actions because you need MORE power over your life – not less! Thus, treatment approaches rooted in trying to strip you or your power are going to encounter resistance, since they’re approaching the situation backwards. You need better STRATEGIES for finding how to get/maintain control that don’t involve alcohol or dangerous substances or behaviors.

For help dealing with a charge like driving under the influence in Glendale, connect with a prominent Los Angeles DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123 ) now.

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The Super Bowl may be over (sorry, Pats fans), but the Glendale DUI sports news keeps pumping out interesting stories. The Associated Press reports that Knowshon Moreno, a running back for the Denver Broncos, was pulled over in South Denver last week on charges that he had been speeding in a construction zone (going 70 miles per hour when the speed limit was 45 mph) and driving under the influence of alcohol.Knowshon-Moreno-DUI-glendale.jpg

Not great news for Moreno or the Broncos. Moreno is on the roster bubble—he is recovering from a torn ACL he suffered last year—and the Broncos’ stern written response may not augur well for his prospects next year (assuming he is well enough to play).

You might be wondering: What does Moreno’s relatively pedestrian arrest mean, if you’ve been charged with the driving under the influence in Glendale?

Good question.

We can extract several lessons from what happened to him:

1. No one is immune from Glendale DUI charges.

In some sense, it’s helpful to read stories about sports figures, politicos, legislators, and even police officers who have been tagged for crimes like driving under the influence. As a Los Angeles DUI lawyer will tell you, many defendants feel alone or isolated—full of self-blame and self-judgment. When you see just how many different people from diverse backgrounds get charged with this crime, you at least feel slightly less alone.

2. DUI is often psychologically driven.

No one can know what was going inside Moreno’s head before and after he got caught. But consider that he had torn his ACL and had been out for the season; he was on the so-called “roster bubble”; and he was still recovering from one of the Broncos’ most watched seasons in years (thanks to the heroics of QB Tim Tebow). All that pressure undoubtedly played some role in Moreno’s decision-making process. As a good Los Angeles DUI attorney will tell you, your underlying psychology can have an unbelievably profound influence on your capacity to build and execute a sound defense.

3. Your Glendale DUI arrest is just the beginning.

Your life is not over. In fact, you have a tremendous ability to influence your future. The bad choices you made may have profoundly negative effects: You could wind up serving significant jail time, suffer a long license suspension, be compelled to attend mandatory alcohol classes, be forced to install an interlock ignition device in your vehicle, and so on.

For instance, if you try to represent yourself or if you choose a poor Los Angeles DUI lawyer to represent you, your case could wind up compromised. On the other hand, by connecting with a Glendale DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123), you might be able to begin on the road not just to saving your license and staying out of jail, but also to dealing with the underlying problems that led you to this brush with the law in the first place.

Attorney Kraut understands what defendants need. He also understands what prosecutors need and how they operate because he was one—he served as a Senior Deputy District Attorney for Los Angeles for nearly a decade and a half. He is widely recognized as one of the top authorities of Los Angeles DUI law. Attorney Kraut is widely sought after as a trusted commentator on Los Angeles DUI news by likes of the Los Angeles Times, The New York Times, Fox News, KTLA, etc.

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In an ideal world, Burbank DUI arrests would never happen. burbank-dui-paradigm-shift-part-2.jpg

But we don’t live in an ideal world. Far from it.

Instead, we live in a world in which Burbank DUIs are all too pervasive. What’s more, prosecutors, defense attorneys, judges, police, and the public all operate with false beliefs about the underlying causes of Los Angeles DUI and alcohol and drug addiction. Our inability to “move the needle” and permanently solve problems like Burbank DUI leads to needless suffering, traffic accidents, ruined lives, wasted law enforcement resources, wasted court time, and nasty indirect consequences for our entire city and country.

The Conventional Thinking
The conventional mindset about Burbank DUI prevention (held by many a Los Angeles DUI lawyer) is somewhat fatalistic. The CW suggests that Burbank DUI drivers “just don’t get it” and that they need to be punished and stripped of their rights to make Southern California’s roads safer. The problem, per the CW, is that certain drivers behave carelessly, recklessly, or otherwise inappropriately. These Burbank drivers must be bridled.

But is our punitive, blame-and-judgment-rich approach to DUI prevention really getting us anywhere?

Advocates of the current anti-DUI regime might say Yes. They might point to bright spots in the research, which suggest, for instance, that Burbank DUI checkpoints lead to more arrests and safer roads. You can also find data that suggest that certain types of fatal DUI injury accidents have declined over the past decade or so.

Granted. But DUI is still a pervasive problem. As any Burbank DUI attorney will tell you.

Perhaps the Burbank DUI community could benefit from a bird’s eye perspective on the process. What if we examined our core beliefs about what works and doesn’t work in terms of changing driver behavior, managing DUI-related problems and costs and helping drivers solve those problems more effectively?

Perhaps, for instance, we could think about road safety differently.

Here’s an idea, for starters: Discourage Angelenos from driving so much!

How? By doing things like eliminating sources of free parking. A recent Los Angeles Weekly article about parking theorist Donald Shoup highlighted Los Angeles’ obsession with free parking. Shoup suggests that our free parking fetish has led to many of our city’s most nasty traffic and pollution problems. By eliminating sources of free parking, perhaps we could discourage drivers from driving as much as they do.

Think about it: the fewer miles that drivers clock, the fewer DUI driving miles will be clocked as well!

We will speculate in greater depth in a follow-up post. In the meantime, if you or someone you care about was recently arrested and charged with Burbank DUI, you may need to speak with a Burbank DUI lawyer.

Consult with an experienced Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Michael Kraut is a former city prosecutor (14+ years experience in that position); he is hugely respected by his legal peers, and he boasts a terrific record at jury trials.

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The experience of getting pulled over under suspicion of driving under the influence of Burbank (or elsewhere in the Golden State) can be explosive. burbank-dui-injury-shooting.jpg

Drivers and passengers are often terrified about what might be in store. Even if you consumed no alcohol, narcotics, or prescription medications, you’ve certainly heard stories about innocent people being arrested for Burbank DUI without compelling evidence. Any good Los Angeles DUI attorney can recount dozens of these types of stories.

On the flip side, police officers themselves are often suspicious and scared, particularly if the suspect led them on a high-speed chase or otherwise resisted arrest or disobeyed an officer’s instructions. It’s easy for such suspicions to escalate and create not just hostility, but also fighting, injuries, and occasionally, fatalities. Los Angeles DUI lawyers can recount some truly devastating stories.

Consider the tragic case of a Santa Clara DUI stop gone awry.

The Saturday night before last, a 42-year-old man was pulled over on suspicion of DUI on Karen Drive in Santa Clara. According to a report in the San Francisco Chronicle, the suspect “became uncooperative, and the city police officer called for backup…before additional units could arrive, the suspect reached for a revolver.” The arresting officer then fired at the suspect in self-defense, killing him in his car. The officer has since been put on administrative duties, pending the results of internal Santa Clara Police Department investigation, done in conjunction with the Santa Clara County DA’s office.

Fortunately, most Burbank DUI stops don’t end so tragically. But the lack of trust — combined with the adrenaline-fueled atmosphere of a Burbank DUI stop — can cause officers and suspects to behave inappropriately, uncooperatively, and dangerously.

For instance, a Burbank DUI suspect may compound his or her potential legal problems by trying to flee the scene or by becoming overly aggressive (or defensive or even groveling) with an officer. As a Los Angeles DUI attorney will tell you: when you act inappropriately – with excessive fear, uncertainty, or aggression – you boost your likelihood of getting into more trouble than you deserve.

Likewise, police officers are liable to compound problems at DUI traffic stops by making drivers unnecessarily uncomfortable. Simple judgment errors or problems with breathalyzers can lead to innocent people being arrested for driving under the influence in Burbank and lead to a general waste of limited taxpayer resources and energy.

How Can We Make the Burbank DUI System Function More Effectively?

The big takeaway here is that police officers, defendants, Los Angeles DUI lawyers, and others need to stay present to the needs and concerns of others as well as to their own needs and concerns.

If you have been stopped for a Burbank DUI after a hit and run, for instance, stop the cycle of bad decision-making and limit your damage. Even if you are still recovering from a horrific night, the team here at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810 )will help you figure out what to do next and to be more strategic in how you approach your legal situation. Attorney Kraut is a vastly experienced, Burbank DUI criminal defense attorney who is highly respected by his peers. As a former Deputy District Attorney for Los Angeles and a Harvard Law School graduate, Attorney Kraut will help you make more effective decisions.

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Most people believe, without a shred of a doubt, that “a Burbank DUI would never happen to me… or anyone I respect.” This kind of thinking is understandable. After all, DUIs are only something that careless celebrities and recidivist alcoholics get. Right?dui-mayor-burbank-dui-lessons.jpg

Think again.

In fact, the diversity of Burbank DUI defendants is far vaster than most people realize. Defendants have included sports heroes, political figures, (yes, celebrities), “responsible” housewives, business people, homeowners, senior citizens, and practically everyone in between.

Even politicians can find themselves in great legal disarray due to poor decision-making. Witness the case of 62-year-old Retha Sturdivant, the mayor of the South Carolina town of Atlantic Beach. South Carolina police officers allege that they saw Sturdivant stop her SUV at green lights multiple times. After witnessing this very odd – and certainly dangerous – behavior, officers stopped Sturdivant on the Main Street Bridge in the town of Conway. Police said that Sturdivant exhibited the classic symptoms of a Burbank DUI (and DUI anywhere in the country), including glossy eyes, lack of coordination, and a general lack of sharpness and responsiveness. Sturdivant was put through the paces of a field sobriety test. The officer who conducted the FST said, “The subject was swaying, used her arms for balance, and put her foot down many times.” Officers not only arrested the mayor, but they also found a diverse sampling of medications on her, including Percocet, Toradol, and Flexeril.

This is not the first time that Atlantic Beach’s mayor has come under the gun for legal problems. On Christmas 2007, she was arrested and put on probation. Last July 13, she also faced problems with her administration. According to the heraldonline.com, a Rock Hill, South Carolina, publication, “Her first attorney was disbarred and is serving jail time for trying to have a former law partner killed.”

Sturdivant also allegedly was involved in a hit and run accident April 2009. She was arrested and charged with driving under the influence, although those charges were later dismissed due to problems with the breathalyzer test.

She was also arrested back in January 2011 for trespassing on Town Hall itself!

Sounds like something of a disaster.

Unfortunately, individuals who are recidivist offenders – who break the law multiple times – run the risk of profoundly-life altering Burbank DUI penalties. “Escaping from the charges” might be a worthy goal, but ideally, you want to examine the root problems that have caused you to clash with authorities. You need to rectify those problems ASAP – not only to prevent getting into further trouble, but also to protect yourself and others in your community from harm.

Connect immediately with a Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to understand your rights and resources and begin the process of rebooting your life, career, and reputation.

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According to California Highway Patrol estimates, 248 motorists were arrested under suspicion of driving under the influence in Burbank and elsewhere in Los Angeles over the New Year’s “holiday crackdown” period. Last year, over the same weekend, only 228 motorists were busted for Los Angeles DUI. As pundits have pointed out, this means that DUI arrests spiked by 9% over the 2011 numbers.burbank-dui-new-years-eve.jpg

What does the spike mean, if anything?

First of all, take a step back. Without context for those statistics, it’s impossible to tell whether a 9% bump in arrests over any given weekend is statistically significant in any way – or whether it’s simply random statistical noise. Unfortunately, the media and many bloggers will make a mountain out of the molehill of these statistics, anyway. The headline “Burbank DUI arrests spiked 9%” will undoubtedly be leveraged to try to prove political points, spur interest in websites through Google searches, and generally sensationalize the situation.

We all, in some sense, understand that the media operates in a less-than-scientific manner when it discusses the ramifications and potential solutions for Burbank DUI. But often the “experts” themselves fall into a similar trap of extrapolating way too much information from poorly parsed statistics and research.

This isn’t to say that we can’t know anything about Burbank DUI or that people shouldn’t report on these stories or spin them. But it’s helpful to deal with numbers and reality instead of fantasies and spin, especially if you are a Burbank DUI defendant confused about your rights, responsibilities, and potential punishments.

Statistics can lead to insight and possible solutions, of course. For instance, a 2009 Centers for Disease Control and Prevention (CDC) analysis found that nearly 11,000 people died on US roads in 2009 due to alcohol influenced auto accidents. The CDC also argues that field sobriety checkpoints in Burbank and elsewhere can reduce DUI accidents by as much as 20%. So it’s not like reporters and policy makers are operating in a zero-information environment. Quite to the contrary, they collectively understand a lot more about Burbank DUI behavior and potential solutions.

If you have an urgent question about your Burbank DUI arrest, connect with an experienced and highly reputable Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) to get help now. Attorney Kraut is a Harvard Law School-educated former prosecutor, and he has a nearly perfect record at jury trials and an excellent reputation among his legal peers.

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Let’s face it: The Burbank DUI process is quite technical and scary. Burbank-DUI-can-happen-anywhere.jpg

But if you simply study the law, you will not get a sense of how difficult it can be to face Burbank DUI charges. For instance, you might read a story in the news about a guy who gets pulled over for driving 0.14% near Victory Boulevard and how 0.14% BAC is nearly twice the Southern California legal limit, as defined by Southern California Vehicle Code Section 23152(b), and blah blah blah.

But what do those details really tell you? Not too much. They are dry and clinical.

Often, deep sadness, frustration, and anxiety underlie Burbank DUI incidences. For instance, consider one of last week’s biggest tabloid stories: Matthew Barnaby, a former NHL pro with the Buffalo Sabres, was fired from his job as an ESPN analyst after being arrested for driving under the influence in New York. Allegedly, he drove his Porsche Cayenne on the wrong side of the road – while missing a front tire, no less!

ESPN terminated his contract, effective immediately, and Barnaby might also face deportation to Canada, in part because of domestic charges stemming from a previous arrest. Earlier in the year, per the Buffalo News, Barnaby kicked down the garage door at the house of his estranged wife. Per an arrangement with the court, Barnaby agreed to 500 hours of community service and vowed to stay out of trouble.

Well, driving on the wrong side of the road while Burbank DUI with a car missing a front tire is basically the definition of trouble.

Without the backstory here – without knowing that Barnaby had struggled with domestic issues – his DUI would seem out of context and, in essence, random.

Once you understand a little bit about his history, the charges, at least superficially, seem to make more sense. Rarely are human beings motivated by pure caprice when they break the law. Often, there is an underlying factor – or factors – that cause or contribute to the situation.

To build your best defense, therefore, you may find it beneficial to speak with Burbank DUI criminal defense Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Mr. Kraut is a former Deputy DA (14+ years) and respected legal expert on the subject of DUI. Attorney Kraut can help you understand why you got in trouble in the first place and build the best, most strategic case possible.

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It’s one thing if you or a neighbor or a co-worker gets arrested for Glendale DUI. That, in and of itself, is kind of disturbing. But what if one of the nation’s top safety experts gets arrested for driving on the wrong side of the road while under the influence of alcohol? How would you feel? Would you feel dismayed? Flabbergasted? Outraged? All of the above?Randy-Babbitts-mugshot-DUI.jpg

This is not a theoretical example. It actually happened the weekend before last, when 65-year-old Jerome Randolph Babbitt, the head of the Federal Aviation Administration, was arrested for DUI in Fairfax, Virginia, then taken to an adult detention center.

According to the Washington Post, Babbitt has requested a leave of absence from his position in the wake of the arrest. He had been serving a five-year term. Michael Huerta, the Deputy Administrator of the FAA, will take over in Babbitt’s absence.

On some level, the jaded among us have grown to expect this kind of behavior even from our highest elected and appointed officials. On another level, we also recognize the inherent dangers of driving under the influence in Glendale and elsewhere. We find ourselves caught up in paroxysms of anger and despair as we contemplate these misdeeds.

Here is another way to think about Glendale DUI arrests – and arrests for DUI elsewhere in America including Fairfax, Virginia and beyond. It is a far more empathetic, compassionate, and non-judgmental way to think. This way probes the fundamental causes of misbehavior and bad judgments. This way asks questions like: Why might someone like Babbitt drive under the influence or drive on the wrong side of the street? What circumstances might have influenced this decision? What can we do to prevent Glendale DUI injury accidents? What incentives, disincentives, social pressures and educational resources will make the roads safer and instill a sense of community among drivers?

This discussion may be a bit theoretical if you or someone you care about faces a scary charge of Glendale DUI pursuant to California Vehicle Code Section 23152(a) or 23152(b). Fortunately, you need not fight this battle all on your own. An aggressive, results-focused Glendale DUI criminal defense attorney from the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can help you assess your situation and fight the charges against you. Mr. Kraut is an experienced former prosecutor with a Harvard Law School background, and he has served as a legal expert for the Los Angeles Times, KTLA, and even US Weekly.

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If you’ve been arrested, and potentially convicted, more than once for driving under the influence in Burbank, you might find it useful to evaluate the fundamental problem that’s been getting you into trouble.burbank-dui-hole-stop-digging.jpg

As Will Rogers once famously intoned, “If you find yourself in a hole, stop digging.”

All well and good. But how does that translate into action?

More specifically, if you admit that something other than dumb luck contributed to your getting arrested multiple times for driving under the influence in Burbank, how do you objectively think through what’s caused you so much pain and caused you to engage in such reckless behavior?

The standard party line is that Burbank DUI defendants are incompetent, ignorant, reckless, or (insert other negative judgment here). Labeling a person — or even a behavior — as “good” or “bad” is not necessarily that informative. It might make non-Burbank DUI drivers feel superior. It might make people who have been convicted of driving under the influence, per California Vehicle Code Section 23152 or 23153, feel guilty and ashamed. But it does not get at the root problem. A judgment is just a description, and a tenuous one at best.

So how do you make progress?

One way to make progress is to analyze the feelings and thoughts that you had before, during, and after your DUI arrest or other automobile event. The more discreet, focused, and comprehensive your survey of your thoughts and emotions, the easier it will be to spot patterns – habitual behaviors and ways of thinking. You can then use your new knowledge of said patterns to engineer a remedy.

For instance: say, after journaling about your experience, you discover that every time you’ve driven DUI in Burbank, you just-previously experienced a deep frustration, such as a job loss, family fight, or even rejection at an audition. If so, you can recognize that certain negative events trigger you to take leave of your senses. So the next time you find yourself in a situation where you are frustrated or angry, you can become consciously aware of the trigger and take measures to disrupt your pattern of partying or taking drugs to make the pain go away.

Of course, you may also have urgent logistical or legal concerns. The Kraut Criminal & DUI Lawyers in Burbank (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help. Attorney Michael Kraut is an experienced Burbank criminal defense attorney who specializes in DUI, and he can help you construct a rigorous, solidly structured defense.

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Whether you got arrested on the way home from a birthday party at the Glendale Galleria, or you got tagged for driving under the influence in Glendale on a clogged Southern California freeway during the throes of one of the Southland’s notorious Sig Alerts, chances are, your memories of what happened with the police are emotional, possibly blurry, and certainly painful and uncomfortable. glendale-field-sobriety-test.jpg

Most DUI drivers (fortunately) only have to experience field sobriety tests, PAS tests, and difficult police officer questions once or twice in their lives. That is certainly more than enough for most people. However, the “lack of practice” we have in terms of managing the ultra stressful situation of being put through the paces of FSTs and breathalyzer tests or blood tests, intense officer questioning, and the like can redound to negative effect for our ability to cope.

Glendale DUI suspects, often out of sheer naivety, fail to take simple actions that could protect their rights, get charges dismissed, and preserve and protect their reputations, driver’s licenses and good insurance rates.

Why are Glendale field sobriety tests so vexing and so potentially unfair?

Here are just a few speculative reasons:

Easy to confuse “learning related stumbling” with “DUI related stumbling.”

Most of us do not sit at home, practicing how to walk a straight line, counting backwards by 3, or saying the alphabet backwards. In fact, chances are, if you put yourself through field sobriety tests in your own kitchen or office or wherever you are now, you would stutter, stumble, and fumble around a bit because these activities are unfamiliar to you. This is normal human learning behavior –we learn by trial and error. Unfortunately, these normal-learning-related fumbles and stumbles and mumbles can easily be confused for DUI-related coordination problems.

Distractions abound.

Suspects don’t take Glendale field sobriety tests in a vacuum. They are bombarded by stimuli, including police officers (sometimes several) watching your every move, traffic roaring by, lights, sirens, etc. All these distractions make it harder to concentrate.

Emotional/stress reactions to the DUI stop itself.

Even a stone cold sober driver stopped and put through FSTs will undoubtedly experience soaring and crashing emotions, including stress reactions, anxiety, fear, anger, and other states of mind. These emotional reactions can also interfere with your ability to “pass” these tests.

Officer subjectivity.

Field sobriety tests are not like SAT tests, in that one can’t really ever standardize results because of all the variables involved. So, officer subjectivity undoubtedly plays an enormous role in terms of the diagnosis “DUI or not DUI”. Even officers who ostensibly try to play by the book – who seek to be as scientific and objective as possible – are no doubt heavily influenced by their biases, moods, perspective on the tests, and so forth.

All this is to say that if you failed your Glendale FSTs, it might behoove you to seek counsel from a respected, experienced Glendale criminal defense attorney. Connect today with Michael Kraut of the Kraut Criminal & DUI Lawyers in Glendale (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Come up with a strategic plan of action, and protect your rights and resources. Attorney Kraut is a veteran former prosecutor with a Harvard Law School education and a terrific reputation among his legal peers (including prosecutors and judges).

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