Vehicle Code 23152(a) and 23152(b)

February 20, 2013

Pasadena DUI Celebrity News Blotter: David Hasselhoff’s Daughter and Alanzo Mourning’s Wife Both Whacked with DUI Charges

When celebrities (or their spouses or children) get arrested for driving under the influence in Pasadena, people notice. There’s a reason why sites like TMZ.com generate boatloads of internet traffic. For whatever reason, people find themselves intuitively fascinated by the lives, lifestyles, and flaws of famous people.

To that end, perhaps you can learn a few lessons regarding Pasadena DUI defense while analyzing the news.

In that context, let’s consider two recent celebrity DUI arrests.

The first concerns basketball superstar Alanzo Mourning’s wife, Tracy Morning. Police pulled her over in Miami, near San Servano Avenue and Old Cutler Road, after she failed to stop completely at a red light. The officer told her that he had seen her speed through the light. Allegedly, she winked but did not deny the charges. He then gave her a field sobriety test after smelling alcohol on her breadth and arrested her.

Alanzo and Tracy have been charitable givers over the years: a local high school is even named for the couple. Her arrest came as an unwelcome 42nd birthday present for Alanzo.

Meanwhile, Hayley Hasselhoff, daughter of international TV star, David Hasselhoff, got arrested for driving under the influence and speeding over the Christmas holiday. Worst part is, Hayley is only 20 years old. That means prosecutors could really go after her. If convicted, she could be forced to spend up to half a year behind bars. Hayley’s mother, Pamela Bach, was also arrested for DUI--twice, actually–once in 2009 and once in 2010.

These celebrity cases may seem somewhat entertaining to casual readers. But if you personally face Pasadena DUI charges, and your life is in shambles–you’re probably a lot more empathetic.

Truth be told, no one is ever prepared for a DUI charge. It wasn’t like your life was on “pause” before your arrest (or accident). Ever since the arrest, you’ve been scrambling to pick up the pieces, pay your bills, deal with important logistics in life, and so forth.

The team here at the Kraut Criminal & DUI Lawyers can help you, no matter how complex, dynamic, or confusing your case seems right now. Attorney Kraut is an extremely experienced former prosecutor, who maintains exceptional relationships with local law enforcement, judges, and other attorneys who are on “the other side.”

As a Pasadena DUI defense lawyer, Mr. Kraut can help you investigate your charges, challenge breath test results, and strategically fight back against whatever the prosecution throws your way. Connect with Mr. Kraut and his team today for effective counsel to meet your Pasadena DUI defense challenges.

September 10, 2012

Laguna Beach and Long Beach DUI News – Talan Torriero, Star of Laguna Beach Reality Show, Busted For DUI

by Michael Kraut

25-year-old Talan Torriero was arrested for driving under the influence in Laguna Beach last Wednesday morning. Police pulled him over around midnight, after they saw the reality show star take a left against signs that prohibited left turns. Per the Los Angeles Times, after the police stopped Torriero, they saw signs characteristic of a Long Beach DUI – presumably red, bloodshot eyes; slurred speech; sluggish answers to officer questions, etc.

Torriero was then subjected to DUI field sobriety tests – like the finger-to-nose test, the horizontal gaze nystagmus test, the walk the line test, count backwards by threes test, etc. Apparently, the actor did not exactly pass with flying colors, and he was booked on DUI charges.

Torriero, who works as an actor, is known for his high profile liaisons with Kimberly Stewart (daughter of rocker Rod Stewart) and Nicole Scherzinger of the Pussycat Dolls. His court date has been set for October 15th at Harbor Court in Newport Beach.

July 18, 2012

A Contraption to Douse Burbank DUIs? Could Wisecracking Urinal Cakes Be the Answer?

by Michael Kraut

Policymakers, police, and lawmakers are in a perpetual desperate scramble to stop Burbank DUIs. This is an admirable quest. Even an A-list Burbank DUI criminal defense attorney, like the Harvard Law School educated Michael Kraut of the Kraut Criminal & DUI Lawyers, would agree that reducing DUI arrests is a wonderful and important goal for our community.

Everyone wants the roads to be safer. The question is: how do we do it?

Once you get into the question of strategies, differences of opinion emerge!

One intriguing strategy got deployed over the 4th of July weekend in Michigan. It was an indirect strategy, intended to influence intoxicated men to call a cab, find a designated driver, or otherwise make smarter decisions.

How do these men access this font of wisdom? When they go to the bathroom.

That’s right — a company called Wizmark, based in Maryland, has been advertising wisecracking urinal cakes, which warn urinal “patrons” about the dangers of DUI in Burbank or Michigan or wherever. The message goes something like this: “Hey there, big guy! Having a few drinks? Then listen up. Think you’ve had one too many? Then it’s time to call a cab or a sober friend for a ride home.”

This message will certainly take restroom patrons for something of a loop. Who knows, maybe it will have some positive impact. The State of Michigan sure believes that the cakes will help – Michigan ordered 400 of the cakes to be deployed in various bars and eateries across the state.

Obviously, it’s important to test various mechanisms to try to thwart Burbank DUI events.

And thinking out of the box like this might even work. But when policy people lean on solutions without measuring results, they’re being unscientific. If policymakers really believe something like this might help, then they need to measure what happens in a controlled and sophisticated way that can be replicable and scalable.

Because if warnings like this do actually have a good effect – if they reduce DUIs by even just a small percentage – then maybe the program should be scaled up to a nationwide endeavor. Odds are, however, that this is an ad hoc experiment that’s not being carefully measured and controlled.

And therein lies a problem! Even sophisticated and seemingly useful tools, like the breathalyzer, are often highly flawed. Defendants often get confused about what test results might mean. That’s why it’s useful to at least talk to a Burbank DUI criminal defense attorney )2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) as soon as possible after your arrest, so that you can get informed about the realities of your situation.

July 4, 2012

Glendale DUI News Update: Could Porn Icon Jenna Jameson Face Year Behind Bars?

by Michael Kraut

If you’ve been charged with driving under the influence in Glendale or elsewhere, understand that you are not the only one to go through this experience. Porn icon Jenna Jameson was stopped and arrested in Orange County for DUI on May 25th – she was officially charged last week; if convicted, Jameson could face up to a YEAR behind bars.

According to reports, Jameson hit a light pole with her car. No one was injured in the crash. She subsequently failed a field sobriety test (FST) and got arrested on suspicion of DUI. Later, Jameson tested to have a blood alcohol concentration of 0.13%. The legal limit for Glendale DUI, as stipulated by California Vehicle Code Section 23152(b), is 0.08%. Police also identified two drugs in her system: suboxone and ambien. She faces one count of driving without a valid California license and two DUI charges.

What might Jameson’s arrest imply for your Glendale DUI defense?

1. First and foremost, the story highlights that how anyone – irrespective of class, status, income, etc – can find themselves instantly in hot water.

In the blink of an eye, you can find yourself facing penalties like jail time, license suspension, mandatory alcohol school, forced installation of an IID device in your car, harsh probation terms, points on your license, spiked insurance rates, and beyond. Whether you are Jenna Jameson or the President of the United States, California law does not discriminate.

2. The second point – and this is more subtle, but it’s also crucial – is that your past history can inform your defensive strategy.

Jameson is a celebrity who won acclaim in the pornography industry – as such, her persona and her past actions will almost certainly influence how her Glendale DUI defense attorney deals with her case.

Likewise, your past history, actions, and behaviors will shape the way that you should structure your defense. If you’ve committed multiple priors – or if you have a history of “causing trouble” – you’ll want to develop a different strategy than you will if you are facing your first defense.

3. There are a dizzyingly diverse numbers of elements that will influence your battle plan.

That’s why it’s almost always a good idea to work with a respectable Glendale DUI defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123).

Attorney Kraut is a great resource; connect with his team for a free and confidential consultation regarding your best next steps.

May 23, 2012

Got A Marijuana DUI in Long Beach? If So, Check Out What’s Happening in Colorado…

by Michael Kraut

If you’ve been arrested for driving under the influence of marijuana or alcohol in Burbank, you are probably wondering how you’ll be charged, whether you’ll go to jail, and what you can do, if anything, to battle back. The law regarding marijuana DUI is rapidly evolving. And it’s evolving not just here in California but also in other states.

Last week, Colorado lawmakers scuttled a bill that would have created a “BAC-like” level for marijuana DUI. Colorado house bill 12S-1005 was defeated by a razor thin margin; had it passed, then Colorado drivers who drove with a THC level of more than 5 nanograms per milliliter of blood could be charged and convicted of a serious crime. The District Attorney for Boulder County told lawmakers that 15% of the impaired driving cases he sees involve marijuana, and that the vast majority of these cases require a lot of work and time to manage.

The D.A. and others argued that there need to be some standards. Law enforcement officials – and drivers and citizens – need to know what’s allowed and what’s not allowed, so they can make safer decisions and more efficient law enforcement decisions.

Opponents of the measure argued that the 5 nanogram THC level is an unfair standard, for a variety of reasons:

• Some marijuana users have a higher tolerance to the drug than others – thus one could have a high THC level in the blood and still be perfectly sober and capable of driving;
• The chemical THC gets stored in the people’s fat cells, so there is a latency effect. You can be stone sober, but the residual marijuana in the fat cells could screw up your reading and lead to unfair convictions;
• There is no clear method by which marijuana users can test themselves to know whether they are sober enough to drive – like there is with (admittedly flawed) devices like Burbank DUI breathalyzer tests.

If you or someone you care about has been arrested and charged with a marijuana DUI in Burbank or elsewhere in the Southland, Southern California criminal defense attorney Michael Kraut of the Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can advise you and help you build a responsible, effective strategy to win back your freedom, protect your privileges, and move on with your life.

May 2, 2012

West Hollywood DUI Not the Only Driving Disaster for Actress Amanda Bynes

by Michael Kraut

On April 6th, actress Amanda Bynes was arrested for driving under the influence in West Hollywood, after she banged into cop car while driving erratically. In retrospect, the warning signs were there. Back in March, Bynes got in trouble for fleeing a police officer, who had stopped her for chatting on her cell phone while behind the wheel. After that incident, she had to make an embarrassing trip to the police station to get her California driver’s license back.

Late last Sunday night, the 26-year-old attempted a three-point turn outside of SUR Restaurant in West Hollywood. She wasn’t arrested… but she certainly seemed “out of it,” according to a witness who spoke with the celebrity gossip magazine, People. Said the witness, “[Bynes was] holding up traffic and doing an incredibly slow three-point turn in the middle of Robertson… she looked wobbly – I guess, it could have been the heels since she was wearing sky-high nude pumps, but she did seem out of it.”

Of course, it’s easy for celebrity gossip columnists to jump to the worst conclusions about celebrity behavior. That’s basically their job. But driving under the influence in West Hollywood is a serious and sobering matter. If someone you love (or you yourself) recently got stopped for DUI in West Hollywood (or DUI near USC or UCLA or wherever), you are likely really concerned about your rights, your future, and your potential penalties.

As well you should be.

Penalties for even mild violations of California Vehicle Code Section 23152(A) or 23152(B) can run the gamut and can include strict probation terms, forced alcohol school, mandatory installation of an interlock ignition device (IID), fees, fines, and court costs, and, of course, jail time.

So what can you do?

Sound legal advice from an experienced Los Angeles DUI attorney can go a long way – not only towards helping you deal with the nuts and bolts of your legal defense but also in terms of giving you back some of your peace of mind. If you aren’t sure about whether you can drive your car or not; whether your insurance will skyrocket or not; whether you will have to serve jail time or not, and so forth, it will be very difficult for you to plan your life and return to emotional equilibrium. In fact, your being out of sorts can predispose you to make other lapses of judgment, which can potentially get you into hotter legal water.

A vicious cycle, indeed.

A West Hollywood DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you plan for the future, understand your mistakes, and be maximally strategic in terms of your DUI defense. Attorney Kraut is a former city prosecutor (14-plus years experience). The Harvard Law School educated attorney Kraut deeply and diversely understands the problems that face defendants like you. He can help you regain a sense of equilibrium and stability.

April 18, 2012

How to Never Get Arrested For DUI in Beverly Hills Again

by Michael Kraut

You recently got stopped for DUI in Beverly Hills.

Perhaps you ran a light while cruising Wilshire at 2 AM following a raucous industry party. Perhaps you had one-too-many wine coolers at the Sunday Beverly Hills Farmers’ Market and hopped behind the wheel of your Beamer…while a police officer saw the whole thing unfold. In any case, you are pretty frightened about what might happen — not only with respect to your driving privileges (e.g. will you lose your license or not?) but also with respect to your freedom, your car insurance, and your life in general.

After all, it wasn’t as if your life was smooth sailing before the DUI. You probably had tons on your plate – with respect to your business, your family, your recreational activities, possible health issues, etc. Now, on top of everything else, you need to get a handle on your Beverly Hills DUI.

Here’s the reality. There is no “one size fits all” defensive posture that’s appropriate for all defendants. Depending on circumstances, you may be smart to plead not guilty and fight tooth and nail to show that the Beverly Hills DUI breathalyzer test that you allegedly failed was miscalibrated. In other cases, it makes sense to cooperate with prosecutors and try to get your charges pled down. In other cases, you may need to construct an elaborate, thoughtful defense, particularly if you injured somebody or got arrested on multiple charges, such as resisting arrest, hit and run, etc.

While an experienced Beverly Hills DUI criminal defense attorney from the Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) can certainly help you establish and follow through on the right strategy for your needs, you also want to be looking at your long-term future. Sure, you want to “get through” your DUI related drama. But you also want to fix any underlying habits or behaviors or other structural problems in your life that caused you to get into trouble in the first place.

Researchers at Harvard have shown that people who “pre-think” their challenges and problems can often protect themselves against bad behaviors or habits. For instance, let’s say that you have a tendency to “get a little loose” at industry party events and drink more than you know you should. This “getting a little loose” can cause you to lose your judgment and do stupid things like get behind the wheel after a party. If you wait until the party to deal with your impulses, you are probably destined to wage a losing battle. On the other hand, if you know that you have this proclivity, you can create “if / then” statements to guide your behavior. Just like airline pilots need to be able to react instinctively – push the orange button, not the blue button, if the plane is crashing – you also need explicit instructions to help you avoid another Beverly Hills DUI.

For instance, you can construct “if thens” to the effect of:

• “IF I go to an industry party, THEN I will be sure to name a designated driver before I RSVP.”
• Or: “IF I feel myself “getting a little loose’’ at a party and I don’t have a designated driver, THEN I will immediately turn my keys over to the bartender at the party and insist that he call me a cab when I am ready to leave.”

If you can figure out the right “if then” treatments for your particular issues and then essentially memorize them, you should be more likely to make better, safer decisions the next time you are tempted to ignore your better angels.

Connect with a Beverly Hills DUI attorney at the Kraut Criminal & DUI Lawyers now for immediate assistance with your case.

April 2, 2012

A Long Beach DUI Debate: Was Korn Drummer DUI…Or Just Drowsy Behind the Wheel?

by Michael Kraut

Some instances of driving under the influence in Long Beach are pretty cut and dry. It’s obvious to everyone involved – not only to the police but also to the driver himself – that grave wrongs were committed. Other times… not so much.

Last week, Korn’s ex drummer, David Silveria, got hit with a DUI charge as he drove to breakfast in Huntington Beach… and nearly rear-ended the car in front of him. An officer pulled Silveria over and gave him a breathalyzer test, which allegedly came back negative for DUI. The drummer told police that he was drowsy because he was still suffering the effects of a sleeping pill he had taken the night prior for chronic insomnia. He told the celebrity muckrakers at TMZ that the drowsy driving “was an honest mistake.” Silveria was the original drummer for Korn; he played for the band from 1996 to 2003. After a long break from the music business, he recently joined up with the band INFINIKA.

Irrespective of what happens to Korn’s drummer, you probably would like to know a little bit more about how police distinguish someone who is DUI in Long Beach from someone who is simply driving drowsy in Long Beach. The answer is actually more complicated than you might guess. There is no equivalent of the breathalyzer test for drowsy driving. Just because you drink a lot of caffeine or Red Bull or Mountain Dew or whatever does not mean that you become immune to the effects of fatigue behind the wheel. Studies show that fatigued drivers – even caffeinated ones – can experience bouts of what’s known as micro sleep. Essentially, you close your eyes and lose consciousness for one or two seconds – you literally fall asleep – before regaining awareness. The micro sleeping process is so fast and so subconscious that most people don’t even realize that they have drifted off. If you’re driving at speeds of 60, 70, 80 miles per hour, (e.g. driving on the 405 when there is not much traffic on it – which only happens on days that don’t end with a “y”), you can drive 100 or even 200 feet while totally asleep and unconscious.

While there are field sobriety tests, breathalyzers, blood tests, and other tests for driving under the influence in Long Beach; there are no equivalent tests for drowsy driving. But studies connected by the likes of the American Automobile Association and the National Highway Traffic & Safety Administration show that drivers who fail to sleep can become as impaired as drivers who are DUI. For instance, one Australian story found that someone who stays awake for 24 hours has a level of impairment that’s equivalent to a 0.10% BAC – and remember that the Long Beach DUI cut off is just 0.08%!

Of course, this academic discussion aside, you have practical issues you need to deal with. A Long Beach DUI defense attorney, such as the Kraut Criminal & DUI Lawyers’ Michael Kraut ( 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454), can help you understand the charges that you face, develop a smart and sound strategy to meet the needs of your situation, and reduce your stress, anxiety, and fears about the future.

March 5, 2012

Burbank Drug DUI News: Cloud from Colorado Bill Debate Spreads to Southern California

by Michael Kraut

As regular readers know, driving under the influence of drugs like marijuana in Burbank is a crime punishable with penalties like jail time, mandatory substance abuse education classes, license suspension, and other penalties. Those direct consequences probably don’t even paint a full enough picture. If you lose your license, you will find it very difficult to get around Burbank –go to your job, attend classes, etc. If convicted of a Burbank drug DUI, your car insurance rates will almost certainly spike, which means that you may pay thousands of dollars extra over the next several years.

In other words, if you’ve been stopped, it’s a big, big deal.

But while the science of how alcohol impairs driving is pretty well established, the science of how marijuana use changes driving is far younger.

The latest battle field over drugged driving is the Rocky Mountains, where Colorado lawmakers are vigorously debating Senate Bill 117. On the surface, 117 is a pretty straight forward law. If it passes, then drivers in Colorado who test to have five nanograms or more of the active substance in marijuana (THC) in a blood sample will be subject to penalties. The five nanograms cut off is not novel. Pennsylvania uses a similar limit. Ohio actually has a stricter limit – two nanograms. Certain states, such as Rhode Island and Illinois, have a zero-tolerance rule for THC.

Colorado might not be as “progressive” in its attitude towards marijuana as is California (or at least certain parts of California). But it’s definitely a “purple state” in terms of the marijuana debate. It’s home to a lively and robust conversation about marijuana’s dangers and benefits.

On Monday, a Senate panel in Colorado voted in favor of sending Senate Bill 117 to the full chamber for a vote. If it passes, it will cost around $500,000 to implement. This law could have ramifications for other states considering similar measures. Marijuana advocates, such as Dr. Paul Bergman, argued that the recommended blood test should not be used: “nobody…wants to have drug driving policies, but there is a disagreement of per se limits in chronic users.” People who use medicinal marijuana regularly may have elevated THC levels due to the fact that THC is stored in fat tissue, for instance.

A different expert from the Colorado Department of Public Health and Environment, Cynthia Burbach, pushed the other way. She pointed out that law enforcement officers are requesting more and more THC tests every year.

This short blog post obviously cannot examine, parse and weigh in on the fundamental science behind the recommendations, arguments and counter-arguments. But the debate is certainly lively.

Of course, if you are searching for a Los Angeles drug DUI lawyer, you are probably less concerned about what’s going on remotely in Colorado and more concerned about what’s going on in your case. Will you have to serve jail time? What should you do to be preparing for your case? Were the tests used on you valid? If so, what do you do next? If not, how can you refute the results?

For help with all these questions and more, turn to Burbank drug DUI criminal defense attorney Michael Kraut. Attorney Kraut served for nearly a decade and a half as a LA prosecutor – going after people who committed crimes like drug DUI – before becoming a criminal defense attorney and founding the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). He is an extremely respected lawyer and thinker with a great record at jury trials and history of getting results in difficult circumstances.

February 16, 2012

The Whitney Houston Tragedy: Lessons for Los Angeles DUI Defendants?

by Michael Kraut

The death of pop icon Whitney Houston has vast cultural implication; whether you are a Los Angeles DUI defendant, recovering narcotics addict, or merely a fan of the great late star’s music. So it’s worth it to spend a bit of time reflecting on her legacy and discussing the implications of her tragic death at age 48.

Pundits and bloggers have been quick to speculate about Houston’s death, based on her public battles with drug and pill addiction. As anyone who has been pulled over for driving under the influence of drugs or alcohol in Los Angeles can tell you, once you’ve developed a “reputation” as an addict – or simply as someone who has trouble controlling behavior – that reputation then colors people’s future judgments of you. Often unfairly.

It’s not that such speculation is necessarily groundless. It’s just… we often rush to conclusions. For instance, consider statements made by CNN anchor Nancy Grace on Monday. Although Grace admitted on air that the cause of pop singer’s death was not yet figured out, she began to speculate wildly, comparing her death to the deaths of Michael Jackson and Anna Nicole Smith. Grace wondered aloud on TV: “I’d like to know who was around her… who, if anyone, gave her drugs following alcohol and drugs. And who let her slip, or pushed her, underneath that water?”

As an LA Times blog article noted, CNN’s other anchors quickly did damage control and tried to reel Grace back from the speculation.

The moral here is: when we allow our speculation to get the best of us, we often overlook crucial information. When you idly chat about what happened to such and such celebrity, the consequences are negligible.

But as any Los Angeles DUI attorney will tell you, when you plan your defense against serious charges (such as charges of violating California Vehicle Code section 23152 (a) or 23152 (b)), your “rush to judgment” can have massively negative consequences.

For instance, you might assume that, since you had not been drinking or driving under the influence of medication, that you will be ultimately exonerated. But that’s not necessarily the case! The “truth” will not necessarily set you free, by itself. You might have blown a “false positive” on a breathalyzer – or the police may have arrested you just on the basis of your erratic driving and failed field sobriety test.

Although you experienced the arrest first hand, you may not be clear about the objective reality of what happened that day (or night). And you certainly likely do not understand the Los Angeles DUI process well enough to rest easy.

It’s okay to be confused. It’s okay to be scared.

But you have a critical next step: find a Los Angeles DUI lawyer who can take a clear headed, calculated look at the circumstances of your stop and arrest and construct a thorough and smart defense for you.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide a free consultation. Attorney Kraut is a very experienced Los Angeles DUI criminal defense attorney who spent years working as a prosecutor (racking up a very successful jury trial record) before switching to represent criminal defendants.