Los Angeles DUI Attorney Blog

August 4, 2014

In Denial After Your Los Angeles DUI Arrest?

Ever since your arrest for DUI in Los Angeles, you’ve been (outwardly, at least) in denial about the seriousness of the implications of your charges.

Or perhaps you’re the spouse or significant other of someone with an alcohol or drug problem who recently got stopped for DUI at a checkpoint or arrested after a crash. You’re frustrated because he/she seems to be minimizing the gravity of the situation.

In either case, you might find it resourceful to examine the roots of the denial.

Our Needs for Psychological Consistency

Human beings generally do not behave “randomly.” We may not understand the strategies we employ when we get into trouble, and we might not choose the best strategies — or even very good ones. But the reasons that motivate us are not without logic.

Consider that when someone says, in effect “I’m going to pretend this DUI will go away on its own, and nothing about this is my fault at all,” that person is actually making an attempt to solve a problem. We bury our heads in sand because we want to avoid pain and stress and anxiety. These are not pleasant feelings. Denial is the psyche’s subtle way of protecting itself.

If you “don’t want to talk about” the DUI, your hesitation probably has less to do with your wanting to ruin your life than it does with wanting to protect yourself against painful situations, such as:

• Having to admit to other people that they were right — that you DO need help managing an addiction to prescription medications, drugs, or alcohol;

• Having to take time out of an already complicated and emotionally full life to deal with DUI defense;

• Having to contemplate the battery of punishments that may await you, such as loss of your California driver’s license, jail time, costly fines and fees, higher insurance premiums, etcetera;

• Having to confront emotionally unsettling truths about your life and your past;

Denial is by no means an intentionally self-destructive impulse. It’s a very understandable unconscious tactic we all use to retain psychological equilibrium and a sense of control. In fact, if you just recognize that denial is okay – that it is not intrinsically unhealthy or irrational – then you are already on the path to moving past it to get the help you really need.

The most challenging part of any Los Angeles DUI defense is that very first phone call.

Picking up the phone and calling an experienced attorney — like the Harvard Law School educated Michael Kraut of the Kraut Criminal & DUI Lawyers — requires courage, because the act involves leaving your comfort zone. But once you cross that threshold, things do get easier! Give yourself the opportunity to get a fresh start. Connect with attorney Kraut and his experienced team today for assistance.
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July 30, 2014

The One Thing You Absolutely Must Know about Your Los Angeles DUI Charge

by Michael Kraut

Your Los Angeles DUI charge has thrown your world way out of balance.

For the first time, you probably feel oddly connected to Lindsay Lohan and Nick Nolte – you know how humiliating, frustrating and scary it can be to stand accused of violating California Vehicle Code Section 23152 (or 23153, if you hurt someone).

All of a sudden, you’re no longer laughing at unfortunate celebrity DUI mug shots. In fact, you can’t stop ruminating about the potential punishments in the offing (e.g. big fees, time behind bars, loss of your driver’s license, diminution of your professional reputation, probation, and other idiosyncratic penalties that court may decide to thrust upon you).

There is one lesson that you can cling to, despite this chaos, that will make the journey towards putting the DUI behind you easier and more certain.

And that lesson is this: moving beyond your DUI is a process, not a onetime project.

Even though you may have “collected” your DUI in a flash, the solution may not come bundled in a simple package. This isn’t to say that you can’t resolve your crisis rapidly and permanently, in somewhat short order. For instance, depending on your case, your lawyer might be able to…

•   Challenge and refute the breathalyzer test results or blood test results;
•   Challenge the Constitutionality of your stop or arrest;
•   Plea-bargain the charges down;
•   Stop the license suspension;
•   Connect you with other resources, so you feel more in control of your life;
•   Structure your defense, so that you can effectively get back to “business as usual,” even while your case is pending and the outcome is uncertain.

View your “post DUI” experience in a “process oriented” way.

When you have a process-oriented view of things — as opposed to a “product-oriented” view — you can learn to see setbacks with your case as opportunities. You can even look beyond issues of punishment and reward and see the DUI as a chance for self-improvement and self-development. In retrospect, the DUI could even be viewed as a good thing, in that it helped you make needed changes. For instance, it could catalyze more productive thinking and action about a drug or alcohol addiction problem.

Call a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers today to get a new perspective on your options. Mr. Kraut is a Harvard Law School educated former prosecutor, and his common sense, solid treatment of DUI cases has won him fans not just among clients but also among prosecutors and judges.
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July 28, 2014

Alabama Football Player Accused, California Rapper Exonerated of DUI Charges

by Michael Kraut

Drivers facing Los Angeles DUI charges may not relate to the high-profile status of the individuals in these recent news stories, but they can certainly relate to their legal situations.

On Sunday, July 3, Tuscaloosa police arrested Jarran Reed, Alabama defensive lineman, and charged him with DUI. The North Carolina native recently transferred to Alabama from East Mississippi Community College and had high hopes for receiving playing time in the upcoming season.

Unfortunately, Reed isn’t the first Alabama player to face criminal charges since last season ended. Little Rock, Arkansas, police cited another running back, Altee Tenpenny, for possessing a controlled substance back in April.

July 21, 2014

Fatal Las Vegas Crash Results in Plea Deal for Exotic Dancer

by Michael Kraut

Los Angeles DUIs often cause unintended and tragic consequences. Consider, for instance, a horrible recent Las Vegas collision that caused the death of a man and injuries to his 2-year-old son.

On the morning of March 23, 2013, exotic dancer Shauna Miller left her job at the Spearmint Rhino strip club. Her Hummer SUV struck a Ford Escort driven by 33-year-old James White; White’s son was also riding in the vehicle.

White perished in the accident, while his son sustained significant injuries. Authorities tested Miller’s blood alcohol levels and found them to be over two times the legal limit. In addition, she had a significant amount of marijuana in her system.

On Thursday, July 11, Miller pleaded guilty to a felony DUI charge; a second charge was dropped as part of a plea agreement with prosecutors.

Considering the details of this case, Miller likely made the right choice in accepting a plea deal. In most states, including California, DUIs that include the death of another individual represent one of the most severe charges a driver can face. Regardless of whether the charges include gross vehicular manslaughter or second-degree murder, a conviction often means significant jail or prison sentences, among other penalties.

Individuals such as Miller, who may work in environments conducive to excessive alcohol and/or drug consumption, should be aware of the risks of driving home after engaging in such behavior. Using a designated driver or taxi service can help prevent tragedies such as this.

Those facing Los Angeles DUI charges, with or without additional factors such as gross vehicular manslaughter, may wonder what they could have done differently. Although there is no way to go back in time, it is possible to take responsibility for your actions and move forward with your life.

For a free consultation to discuss your DUI defense, contact the Kraut Criminal & DUI Lawyers today.

July 16, 2014

Breaking Through the Inertia of Your Los Angeles DUI Case

by Michael Kraut

You may be at the beginning of the end of the worst part of your Los Angeles DUI arrest.

How so? After all, you feel downright miserable and scared about what’s happened to you, and you haven’t even found a lawyer yet. You have so much to do – and so much is at stake both for you and your family – that things almost by definition have to get worse before they’ll get better.

Right?

Not necessarily.

Consider this. What’s causing you so much agitation and worry is not the punishments or potential punishments, per se, but rather the UNCERTAINTY of your situation.

•   You don’t know whether you will be jailed for several months, several days, or not at all.
•   You don’t know whether you will face massive fines of thousands of dollars or no fines at all or somewhere in the middle.
•   You don’t know whether the prosecution will negotiate a plea bargain that you can live with or whether you will have to fight in court;
•   You don’t know whether the DMV will suspend your license for a few days, or a few months, or indefinitely;
•   You don’t know whether you will find a DUI defense lawyer who has good values and who has an effective track record.

These and other uncertainties piled on top of one another and create a kind of inertia. That inertia can you weigh down and prevent you from getting the guidance you need to start to answer the questions. It’s a kind of a Catch 22.

So how do you break through the inertia?

When you take action to solve problems, it becomes easier to follow through and do what that needs to be done. For instance, if you ever procrastinated on cleaning out your garage or doing a big stack of dishes, you’re familiar with this concept.

The thought of actually getting into the muck of the work is repulsive. But once you start, the job becomes easier. It’s a lot easier to think: “hey, I’ve been washing this big pile of dishes for 15 minutes, and I’m halfway through, so I’ll keep going” than it is to “pull the trigger” and to decide to spend the INITIAL 15 minutes on the troubling task.

The first step involves reaching out for help. If you have yet to retain a lawyer for DUI in Los Angeles, call Michael Kraut of the Kraut Criminal & DUI Lawyers to figure out your next steps. Mr. Kraut is a respected, established lawyer with a track record of success. He can answer your questions and help you feel more calm and controlled about your situation: call now to start building positive momentum to obtain closure.
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July 14, 2014

Justin Bieber in Court for DUI Charges

by Michael Kraut

Few Los Angeles DUI drivers face charges as complex or extensive as Justin Bieber. The 20-year-old singer’s Florida court case began on Monday, July 7 for a litany of charges he received on January 23.

Allegedly, Bieber had been drag racing with Khalil Amir Sharieff, a fellow performer, when authorities arrested him. Although his blood alcohol content tested below the legal limit, a blood test revealed concurrent drug use. Besides the drug and alcohol use, police charged Bieber with nonviolently resisting arrest and driving with an expired license.

Media sources predict authorities will drop the other charges pending a plea deal for the DUI offense. However, the court case has been delayed for several months, allegedly due to a disagreement between the judge and Bieber’s lawyers regarding whether or not Bieber should appear in an anti-DUI driving public service announcement.

Chances are Bieber will receive a minor sentence – if any – for this Florida incident, but this is only one in a slew of recent accounts regarding Bieber’s reckless behavior. Although the singer has achieved significant fame over the course of his career, such incidents appear to be damaging his reputation among young fans as well as their parents.

Individuals following this case may believe Bieber is fortunate to have fame and fortune on his side, but his continued offenses indicate he may not fully comprehend the weight of his actions.

Under California law, penalties for DUI driving convictions include jail time, fines, probation, license suspensions, and community service. These punishments are meant to serve as deterrents– to discourage convicted individuals not to make the same mistake again.

Have you recently been charged with DUI in Los Angeles? If so, you may have questions regarding the law and how best to present your defense. Experienced attorney Michael Kraut can answer those questions. Contact the Kraut Criminal & DUI Lawyers today to learn more. Continue reading

July 9, 2014

Chappelle’s Show Star, Donnell Rawlings, Caught Driving DUI in Manhattan

by Michael Kraut

Those facing Los Angeles DUI charges are now in the company of yet another celebrity. Donnell Rawlings, a comedian who appeared on Chappelle’s Show, was arrested at 3:30 a.m. on Friday, July 11 in New York City.

Rawlings, who became famous for the “Ashy Larry” character he portrayed on the Comedy Central variety show, was driving the wrong way down a Manhattan one-way street, when police stopped him and conducted a breathalyzer test. According to authorities, his blood alcohol content was more than double the legal limit for driving in California.

Despite the inherent hazards of wrong-way driving while under the influence of alcohol, law enforcement apprehended Rawlings before he could cause any damage or injuries to himself or to others.

This incident represents the latest in a long history of celebrity DUI arrests. Although some individuals may believe public figures enjoy immunity from consequences for such offenses, the reality is much different. Like any other citizens, celebrities arrested for and convicted of DUI driving experience serious legal consequences, as well as damage to their public reputations.

California Vehicle Code section 23152 does not discriminate between celebrities and “ordinary people” when it comes to defining the penalties for driving under the influence. Regardless of one’s profession, income, or personal connections, DUI presents serious risks and consequences to drivers.

In addition to jail time, individuals convicted of DUI may receive community service, probation, fines, and license suspensions. With repeated offenses, the penalties increase. Whether a driver works at a fast food establishment or on a hit television show, his arrest and conviction records indicate a lack of judgment and can lead to problems with employment and reputation.

A qualified Los Angeles DUI attorney possesses extensive knowledge regarding California law and can help individuals present an effective defense. The Kraut Criminal & DUI Lawyers offers free consultations for those facing DUI charges. Contact us today to learn how we can help.

July 7, 2014

Do Los Angeles DUI Field Sobriety Tests “Tell the Truth”?

by Michael Kraut

As someone who recently had to endure a field sobriety test for Los Angeles DUI, you can attest to the surprising challenges that you endured:

•   The humiliation of being made to “walk the line” on the side of the road, while other drivers passed and gawked at you;
•   The fear that you were going to fail your breath test and rack up a DUI charge, per California Vehicle Code Section 23152;
•   The anxiety as you contemplated the potential punishments for a conviction, including a mandatory interlock ignition installation, jail time and driver’s license suspension.

At the end of the day, you didn’t exactly pass your FSTs with flying colors, and you may have also failed a breath and/or blood alcohol test.

FSTs are inaccurate, sometimes very misleading gauges, though:

1. Bloodshot eyes – alternative explanations.

Having bloodshot eyes is a symptom of being DUI. But it’s also a symptom of being fatigued, sick or irritated by allergens. You could have sand in your eyes. Or an accident or a sudden stop might have caused the blood vessels to burst in your eyes.

2. Failure to pass the walk the line test – alternative explanations.

If you lose your balance while trying to walk on the line, that could indicate that you were driving DUI, but it could also indicate that you just generally have a bad balance or that you have an ear ache or ear infection. Or maybe you are just a generally uncoordinated person. Maybe you were confused by the slope of the road or by the shadows, and you stumbled. Perhaps you DID walk the line, but the police incorrectly recorded that you stumbled.

3. Slurred speech and having trouble following directions – alternative explanations.

If you slur your speech and you can’t understand and/or abide by police directions, you might be DUI. Or you might be exhausted, emotionally overwhelmed or sick. Or you might have a speech impediment or difficulty hearing. Perhaps the police pulled you over on a very loud section of the freeway, and you couldn’t hear the instructions over the roar of the traffic.

For help managing the aftermath of your Los Angeles DUI crisis, call attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today for intelligent, compassionate, thorough assistance with your charges. Mr. Kraut is a Harvard Law School educated attorney who racked up a success rate at jury trials of over 99%, when he worked in the Deputy DA’s office.

July 3, 2014

Woman Arrested for DUI; Drags Cop by Her Car into Telephone Pole

by Michael Kraut

Fortunately for police, most Los Angeles DUI arrests are not dramatic and do not threaten the life and limb of the people involved in the process.

That’s not always the case.

For a spectacular example, we turn our sites to Atlanta, Georgia, where on Monday, a local woman named Anna Dittmer was involved in a catastrophic, freakish accident that sent a police officer to the hospital and left Ms. Dittmer with plate full of criminal charges.

Local officers said they saw her vehicle stopped next to some railroad tracks in the Northwest section of Atlanta. They had reason to believe she was impaired, so two officers approached her. Meanwhile, a train approached at that very moment and blew a warning sign, which woke Dittmer up. She allegedly saw the police come for her and tried to hightail it out of there.

Officer Kevin Thigpen reached in to try to stop her, but she took off and dragged him along with her car and then smashed into a telephone pole. Fortunately, Thigpen survived, but he did suffer abrasions and lacerations over all his body as well as a broken left hand. Medics treated him at Grady Memorial Hospital in Atlanta.

Other officers, meanwhile, arrested Dittmer on a laundry list of charge, including: reckless driving, driving on a suspended license, possessing methamphetamines, felony obstruction, aggravated assault, giving a false name to police officers, causing a serious injury with a motor vehicle, and drug DUI.

Prior to the incident, police had a warrant out for her arrest on possession of dangerous drugs.

The whole situation is obviously very sad and disturbing. Just a charge of hurting someone while DUI can elevate a standard misdemeanor (per California Vehicle Code Section 23152) to a much more serious felony charge (per California Vehicle Code Section 23153).

And if you hurt a police officer, drove on a suspended license, or did any of the other crazy things that this Atlanta woman allegedly did, your charges can be more intense, and your defense can become more complicated.

No matter what charges you face, you can turn to the team here at the Kraut Criminal & DUI Lawyers for effective, fair and responsible Los Angeles DUI defense help. Call or email us now for assistance.
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July 1, 2014

Crazy Accident on the 101 in Westside Village: DUI Truck Driver Suspected

by Michael Kraut

Not all Los Angeles DUI incidents are terrifying.

But when truck drivers get behind the wheel while DUI or under the influence of drugs — and then drive recklessly — they can endanger not just themselves but also dozens of people.

Witness what happened earlier this year, when a FedEx truck driver careened out of control on the 5 near San Francisco and hit a school bus, leading to dozens of injuries and many fatalities. Fortunately, a Sunday evening accident on the 101 at Lindero Canyon Road did not lead to fatalities, but it certainly could have.

The big rig driver — who was later arrested on suspicion of DUI — allegedly had some serious driving issues on Sunday night prior on the 101. According to California Highway Patrol Officer, Monica Posada, “the big rig was eastbound with an empty trailer and prior to the collision was reported reckless… the driver drifted to the right shoulder and travelled left across all lanes, colliding into the center divider. The driver exited the big rig, and it caught fire from the spilled diesel.”

In addition to burning up to concrete divider, the big rig spilled debris and diesel fuel all over the road, creating a big mess, not to mention serious hazards for police and cleanup crews.

Luckily, emergency workers did not have to navigate that hellish complex of obstructions and dangers to rescue anybody. However, in other similar accidents, the situation can be far grimmer.

If you’re a truck driver accused of driving DUI, you can lose your license, your job and your ability to drive other commercial trucks. Your insurance rates can spike, making you less hirable, and you can go to jail. You can also be subject to special approbation, if you drove a commercial or government vehicle.

The point is that you may face an amalgam of trouble.

Fortunately, the team here at the Kraut Criminal & DUI Lawyers can provide a confident, thorough and compassionate defense for you. Please contact us immediately to schedule your Los Angeles DUI truck defense, or peruse Mr. Kraut’s website to learn more about him, his team, and their approach.
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