Vehicle Code 23152(a) and 23152(b)

January 4, 2010

New Year’s Eve Arrests for DUI in Los Angeles Way Up over 2009 Numbers

According to California Highway Patrol (CHP) statistics, 108 people were arrested for DUI in Los Angeles County over New Year’s Eve (from 6:01 PM on 12/31/09 through 6 AM on 01/01/2010). In 2009 — one year ago — only 430 people were arrested. These trends were statewide. In 2009, 430 people were arrested in all of California for driving over the influence on New Year’s Eve; in 2010, 527 people were busted.

But although state arrest numbers went up by 97, crash fatality numbers went way down. In 2009, 11 people died on California’s freeways on New Year’s Eve; in 2010, only six died.

The New Year’s Eve arrests followed on the heels of a statewide campaign to crack down on driving under the influence in Southern California and Northern California. As of December 28, 2009, over 1,400 people had been snagged in L.A. County alone for DUI violations. And over the Christmas holiday weekend, the CHP arrested over 200 people in LA for driving under the influence.

CHP officials have trumpeted these numbers as evidence that their statewide crackdown saved lives and kept California roads safer.

When CHP agents arrest people for driving under the influence in Long Beach, what precisely does that mean, legally speaking? California Vehicle Code Sections 23152 (a) and 23152 (b) spell out precisely what constitutes a DUI in Southern California. Section 23152 (a) stipulates that a driver operating a car, truck or other motor vehicle on state roads while under the influence of alcohol or drugs can be subject to arrest; if convicted, he or she will face an array of unpleasant punishments, which can include driver’s license suspension, jail time, court costs and fines, points on a driver’s license, and now — as of 01/01/2010 — a mandatory installation of an interlock ignition device (IID) even for first time Long Beach or Glendale DUI offenders.

Section 23152 (b) stipulates that it is illegal to operate a motor vehicle if your blood alcohol concentration is above 0.08%.

Crafting a methodical and proper legal defense to charges of driving under the influence in Long Beach (or elsewhere in Southern California) can prove immensely challenging, even if the facts are on your side.

December 26, 2009

Eighteen Day Southern California DUI Crackdown Begins

by Michael Kraut

An epic holiday Southern California DUI crackdown began on December 18. According to a California Office of Traffic Safety press statement, 250 sobriety checkpoints will take place across California’s highways and byways from the 18th to the 3rd of January. California Highway Patrol Commissioner Joe Farrow said that the CHP will work hand in glove with 400 agencies across CA to reduce incidences of driving under the influence over the holidays.

All told, the CHP and other groups organized 1,700 total checkpoints in California in 2009. Next year, the police plan to an increase this number by 47 percent to more than 2,500 checkpoints.

In 2008, more than 214,000 people in California were arrested for driving under the influence — a high watermark for the decade and the highest number of DUI arrests since the early ‘90s. In 2008, DUIs led to 28,000 serious injuries and over 1,000 deaths, according to CHP statistics. That said, the National Highway Safety Administration (NHTSA) — via its Fatality Analysis Reporting System (FARS) — found that DUI related deaths in the state have declined since 2005.

In the most egregious Los Angeles DUI deaths, a defendant can be charged with DUI murder. If convicted of this charge of second degree murder, a defendant can get 15 years to life in jail. But a DUI murder — also often referred to as a “Watson Murder” — can be difficult for prosecutors to win. For instance, prosecutors must show that the driver demonstrated “implied malice” and may have to show that he/she violated a signed statement called “the Watson advisement.”

More often, if you hit and kill someone while driving DUI in Los Angeles, you’ll be charged with manslaughter under the California Vehicular Manslaughter Law (penal code 191.5(a)).

Defenses to Pasadena DUI manslaughter and murder charges can be developed — after all, the prosecution has to meet a very high burden of proof to win these counts — but if you or a loved one faces such charges, it may behoove you to consult ASAP with a qualified, experienced attorney.

December 13, 2009

Terrifying Video of Los Angeles DUI Crash Percolates through Internet

by Michael Kraut

KTLA news in Los Angeles has reported that two different people have been booked on separate charges of suspicion of Southern California DUI following a videotaped late-night crash on the 10 eastbound near the 110 freeway. According to CHP reports, the incidents occurred early Friday morning (2 AM) in rapid succession.

The first incident involved a woman in a white Lexus who was pulled over in the rain: there was nothing extraordinary or unusual about her stop. However, subsequently, a freelance photographer who had been on the scene videotaped a second driver career into the stalled Lexis. The backseat passenger in this second vehicle was taken to a local hospital for minor injuries. Fortunately, no one was severely hurt in the crash. However, the harrowing footage made KTLA morning news and became a viral video sensation — attracting thousands of hits within hours of its posting online.

You can see the video of the crash here.

If news reports are accurate, the driver of the second vehicle could be charged with felony DUI, according to California Vehicle Code Section 23152 (a), which stipulates that a DUI count that would ordinarily constitute a misdemeanor can be elevated to a felony charge if the prosecution can show that:

a) the driver had a BAC of 0.08% or more;
b) the driver had been negligent or had been violating Glendale’s DUI traffic laws;
c) the passenger received his injuries as a direct result of the accident.

Punishments for Los Angeles DUI with injury can range from license suspension to prison time to fines and can depend on a number of factors, including the severity of the injuries and the degree of negligence.

December 7, 2009

5 Ways to Avoid Having a Los Angeles DUI (or Other Driving-Related Problem) Disrupt Your 2009 Holiday Season

by Michael Kraut

#1. To avoid accidentally driving under the influence in Southern California, plan ahead.

Holidays can be times of frivolity and spontaneity, but they can also be peculiarly dangerous. One of the most time-tested driving tips is also the Boy Scout motto: be prepared.

Very few people who get arrested for driving over the legal limit in California (0.08% BAC) start out their nights hoping to spend hours locked behind bars fretting about their futures. To be safe, you must understand your habits and proclivities and plan accordingly. For instance, if you are charged with a DUI in Pasadena and your in-laws enjoy carousing at a local tavern, line up a designated driver before the fun starts. If you wait until the middle of the evening to develop a back up plan, your judgment may by then be skewed and you may make dumb decisions that could lead you down a dangerous path.

#2. Avoid crazy drivers on the road.

Again, this is common sense. But it’s common sense uncommonly practiced. On holidays like New Year’s Eve, the Southern California freeways can become exceptionally dangerous. For example, anyone who finds themselves to being charged with a DUI in Glendale, runs the risk of being jailed. Because of the dangers of DUIs on the street, it is vital to avoid driving late at night, if possible, particularly between the hours of midnight to 3 AM and especially on weekends.

#3. Don’t drive while talking on a cell phone or texting. Often times, this is used as probable cause to detain some one during an investigation. For example, if a person is texting and also DUI in Beverly Hills, then an officer may stop the person to question them based upon the texting alone. Then, the officer may learn more facts to believe that the person is driving under the influence of alcohol or drugs.

Recent research out of places like Virginia Tech, the National Highway Traffic Safety Administration, and the Insurance Institute for Highway Safety suggest that driving while talking on a cell phone or texting can be a lethal mistake, even if you’re using a hands-free headset. The reason is that your mind is still distracted by the call — it’s not just a matter of holding something against your ear or not — it’s a matter of what your brain is paying attention to. Multiple independent surveys bear out this hypothesis. It doesn’t matter whether you’re driving with or without a headset — you’ll be dangerously distracted either way.

#4. Keep your car tuned up and your eye on the weather.

Although Southern California is not known for its frequent snowstorms, the month of December often sees quite unusual weather. Witness the burst of rain that soaked Southland freeways and byways today. Rain loosens up dirt and oil. The slickness of this slurry of water, oil, dirt, and debris can turn freeways into deathtraps.

#5. Review the laws regarding Southern California DUI.

Studying Los Angeles DUI laws may sound like a less than ideal way to spend your holiday. But studies show that attending to potential dangers can actually be protective. A recent federal study showed that individuals who installed monitors to measure how much electricity their homes used subsequently cut back spontaneously on energy use by about 15% or 20%. The same kind of feedback response effect is the basis for biofeedback, meditation, and the relaxation system known as the Alexander Technique. The idea is that — by bringing your attention to the fact that California Vehicle Code Section 23152 (a) and 23152 (b) stipulate that drivers who operate motor vehicles with a blood-alcohol concentration of 0.08% or higher can be arrested and charged with a misdemeanor and can receive incredibly steep fines, a one-year California driver’s license suspension, court costs, mandatory alcohol school, probation, and even jail time — you may subconsciously adopt more judicious behavior when you get behind the wheel.

If, however, you or a loved one has been arrested for driving under the influence in Southern California over the 2009 holiday season…

November 27, 2009

Los Angeles DUI Charges against John Kerry’s Daughter Dropped

by Michael Kraut

Last week, Alexandra Kerry, the 36-year old daughter of senator and former presidential candidate John Kerry, got pulled over for driving under the influence in Los Angeles. On Monday, however, the city prosecutor’s office opted to drop the case against the documentary filmmaker, citing the fact that her blood alcohol (BAC) level was 0.06% — 0.02% under California’s legal limit of 0.08%.

People Magazine broke the story of Kerry’s arrest last week; nevertheless, many details have still yet to be made public. A spokesman for the LAPD said that Kerry posted a $5,000 bail and that she was cited for having an expired registration. She was booked at a Hollywood police station, and a court date had been set for December 10. No other drivers were allegedly involved in the incident, and no one was injured.

As a reputable Southern California DUI attorney will tell you, the key law that governs cases like Kerry’s is California Vehicle Code Section 23152 — specifically sections 23152(a) and 23152(b). The first section stipulates that if you operate a car, truck, or other vehicle while under the influence of narcotics or alcohol, you can be booked for a criminal act. The section also lays down punishments for violating this law, which include license suspension, serious fines and court costs, and jail time. Section 23152(b) stipulates that one may not drive a car, truck, or other motor vehicle with a BAC of more than 0.08%. (Since Alexandra Kerry — as we mentioned above — only had a BAC of 0.06%, it therefore would have been very difficult for prosecutors to build a substantial case against her.)

Not all charges of driving under the influence in Southern California are as easily met, however. If you or a loved one faces similar charges — or even charges complicated by injuries, property damage, or other factors — it may behoove you to connect ASAP with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers.

For years, Attorney Kraut worked as Deputy District Attorney for the city of Los Angeles, during which time he prosecuted some very tough DUI cases. He has since switched over to representing criminal defendants, and he uses his knowledge of procedure and law to develop superior strategies for his clients. Attorney Kraut has an impressive pedigree — including a degree from Harvard Law School. And he has proven himself many times over both in settlement hearings and at trials. Given the severity of your charge, it makes sense to work with one of the best attorneys that the city has to offer.

October 29, 2009

Mel Gibson Finally Puts His Southern California DUI Behind Him

by Michael Kraut

On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson’s arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that “the Jews are responsible for all the wars in the world.” Mel%20Gibson%20DUI.jpg

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you’re overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to “only having had a few drinks,” for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you’re on probation for driving under the influence of Los Angeles, or if you’ve just been arrested, you must take a test. (And if you’ve been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample — even in spite of the suspect’s unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).

October 27, 2009

Terminator Star Taken to Task for Southern California DUI; Bicyclist Injured

by Michael Kraut

Thomas Dekker — the star of the short-lived TV series: “Terminator: the Sarah Connor Chronicles,” was arrested on Wednesday for driving under the influence in Los Angeles. According to a report from the celebrity blog TMZ.com, the 21-year-old actor slammed into a bicyclist and was booked on charges of felony DUI in Southern California. The accident took place at around 9 PM in the San Fernando Valley. Dekker’s being held on a bail of $100,000.

It’s unclear from reports how serious the bicyclist’s injuries are; nor is it clear whether Dekker himself suffered injuries or whether any property was damaged.

Given the serious consequences associated with a conviction for felony DUI, Dekker will likely require the services of a qualified and experienced Los Angeles DUI attorney.

California Vehicle Code Section 23153 (a) mandates that, in the event that a DUI driver causes injury to another person or persons, his charge may be elevated from a misdemeanor to a felony. California Vehicle Code Section 23153 (b) outlines many of the penalties that can result from a felony DUI conviction. These can include fines and court costs, jail time, forced restitution to victims, and loss of other privileges and licenses.

That being said, a felony injury Los Angeles DUI conviction is by no means guaranteed. The prosecution must meet a heavy burden of proof. First of all, the prosecution must show that the defendant had been driving with a blood alcohol concentration of 0.08% or greater. Second, the prosecution must show that the defendant had committed some act of negligence or traffic violation that caused the accident that resulted in the injury.

To illustrate this point, let’s consider a scenario in which a driver is DUI. But then a bicyclist blows through a stop sign and drives right in front of his car. The cyclist gets hit and injured. In this case, the driver can be convicted of a misdemeanor DUI, since he was under the influence. But he shouldn’t be convicted of a felony injury DUI, since he had been obeying the traffic laws; the bicyclist provoked the accident by driving negligently.

As you can see, DUI legal issues can come become incredibly complicated. To make sense of your rights and obligations, you need to analyze and investigate. That’s why many defendants trust attorney Michael Kraut to provide savvy guidance. Prior to representing criminal defendants, Attorney Kraut spent years prosecuting Los Angeles DUI cases — essentially working for the “other side” — and he leverages his intimate knowledge of the prosecutorial system to deliver superior results time and again.

October 21, 2009

Montana Senator Hit with Felony Charges For Boating Under the Influence — Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters

by Michael Kraut

It’s a case that rivals a celebrity Los Angeles DUI escapade — and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour.

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That’s twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison — for each of the three charges — and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. (According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator’s blood sample was first sent to be analyzed.)

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it’s almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.