Los Angeles DUI Attorney Blog

November 20, 2013

Burbank DUI Sports News: Cautionary Tale of Seahawks Erstwhile Backup QB, Josh Portis

Driving under the influence in Burbank (or anywhere else) can have immediate, awful consequences, even if you ultimately clear your name and your record.

For instance, you could lose your job, get dumped, get kicked out of school, or struggle with business or personal issues because of the DUI.

Case in point, consider the sad situation of the Seattle Seahawks’ (former) quarterback, Josh Portis, who was arrested in early May in Washington State, after police saw him driving 80 miles per hour in a 60 mile per hour zone. The backup QB — who’s known for his deep arm and tireless athleticism — did not exactly pass his field sobriety tests with blazing colors. He also struggled on the breath test. He blew a 0.078% and a 0.092% in two tries. That’s right below and right above the legal limit for Burbank DUI, as defined by California Vehicle Code Section 23152.

As regular readers of our Burbank DUI blog can tell you, the discrepancy between the two readings could actually be pretty important.

Especially when you are dealing with a liminal case (right around the legal limit), small errors can have a big effect. For instance, if Portis blew “harder than normal” into the machine, he might have registered a 0.092% BAC, even if, technically speaking, his BAC was below the 0.08% cutoff point.

Or his results could have been thrown off if he’s on a ketogenic diet, or if he had been swishing mouthwash. Chemicals on the breath can push a liminal BAC reading over the limit.

In any event, even if Portis manages to defend against the DUI misdemeanor charges, he’s out of a job. Portis scrambled to get resigned with the Seahawks in April, after he got released last November from the practice squad. But once news of the DUI hit, the Seahawks released him.

Sports watchers say that the club was at least partially motivated to “teach a lesson” to other players. The Several Seahawks have gotten in trouble recently for violating the NFL’s substance abuse policy. Marshawn Lynch, for instance, also has a DUI case pending.

The Seahawks released Portis before the verdict even came in. That’s telling.

Fortunately, you may still have time to save your job, protect your relationships, avoid a license suspension and minimize/avoid jail time. But the clock is ticking. Your options may be dwindling by the hour.

 The good news is that a Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers is standing by to talk to you about what happened and give you a sound, confidential, free consultation. The Harvard Law School educated Michael Kraut is a widely respected ex-prosecutor who has a deep sense of compassion and an encyclopedic knowledge of the practical aspects of Burbank DUI defense.

November 17, 2013

Burbank DUI Sports News: Saints WR Joe Morgan Busted in Jefferson Parish

by Michael Kraut

Joe Morgan, a wide receiver for the New Orleans Saints, was arrested recently for driving under the influence (not in Burbank) but in way out in Jefferson Parish, Louisiana.

The 25-year-old had been driving without a license on Earhart Expressway. when his vehicle became disabled. A state trooper found Morgan asleep in his car, near Causeway Boulevard. The trooper woke up the football star and asked him to get out of the vehicle. Police said that Morgan appeared intoxicated: he swayed on his feet, smelled of alcohol, and had bloodshot eyes. As regular readers of our Burbank DUI blog know, those are the precise symptoms that indicate that someone’s been driving under the influence in Burbank.

Other common symptoms include:

• Acting in an emotionally volatile manner;
• Telling contradictory stories;
• Failing field sobriety tests, like the stand on one leg test, the horizontal gaze test, the walk the line test, and the count backwards by 3s from a 100 test.

Police also use more “scientific” methods to determine whether you’re drivingDUI in Burbank. But even blood tests and breathalyzer tests are not fool-proof. Errors, mis-calibrations, misinterpretations, and misreporting can throw off results substantially.

Getting back to Morgan’s case…the trooper arrested him after finding that his blood alcohol concentration was 0.218%. That’s 2.5 times the Burbank DUI legal limit (as defined by CVC 23152(b)). Morgan was booked at Gretna Jail and released later after making a $1,150 bond.

When public figures, like professional football players, break Burbank DUI laws, they are often excoriated in the news. That’s understandable. Sports figures and celebrities are role models. When they break the law, it leaves a bad taste in the public’s mouth. Of course, there’s an incredibly diverse spectrum of DUI offenses, ranging from the obviously egregious and terrifying to the “innocent and just barely across the line.”

What to Do about Your DUI Defense in Burbank
First of all, no matter what happened, you’re entitled to a sound and fair defense. The team here at the Kraut Criminal & DUI Lawyers can help you effectively strategize to protect your rights and maximize your chances of a positive outcome. Attorney Kraut is by no means an apologist for DUI drivers. In fact, he worked for 14 years as a prosecutor, during which time he actively and passionately prosecuted crimes like DUI.

In fact, police officers often call on attorney Kraut at the Kraut Criminal & DUI Lawyers for help when their close family and friends need help with issues like Burbank DUI defense. Get in touch with the Kraut Criminal & DUI Lawyers today. We can help you understand your rights and advocate for a successful outcome in your case.

November 15, 2013

Breaking Beverly Hills DUI News: Are Designated Drivers Unreliable?

by Michael Kraut

To prevent a Beverly Hills DUI arrest, you should rely on designated drivers. Right?

That’s the conventional wisdom.

But a new study out of the University of Florida in Gainesville is putting that conventional wisdom to the test. According to a June 10th article at LiveScience.com, “roughly 40% of designated drivers still imbibe when they go out, many to a level that would impair them behind the wheel.”

Researchers surveyed club goers in a college town. They gave breath tests to over 1,000 people, including 165 people who labeled themselves “designated drivers.” They tested these people twice – once at 10 P.M and once at 2:30 A.M. 40% – that’s 4 out of 10! – of the so-called designated drivers drank. 70% of these people had BACs of between 0.02% and 0.049%. 18% – nearly a fifth of all designated drivers — had BAC levels in excess of 0.05%.

As regular readers of this Beverly Hills DUI blog might remember, that 0.05% figure has been in the news a lot recently. The National Transportation Safety Board (NTSB) wants to lower the DUI cut-off down to 0.05%. (Currently, the Southern California DUI cut off is still at 0.08% for most adults).

Adam Barry, an Assistant Professor of Health Education, helped run this study. He told reporters that many designated drivers probably think that they’re all right to hop behind the wheel… even when they shouldn’t. Barry issued a sobering statement: “if you’re going to be a designated driver, you should abstain from alcohol use completely.”

That may be easier said and done. But if you’ve already been arrested for driving under the influence in Beverly Hills, what can you do now to contend with your charges and make better decisions about your future?

Rather than relying on intuition or building your Beverly Hills DUI defense based on what you read on the web or hear from friends, connect with the team at the Kraut Criminal & DUI Lawyers to schedule a free and confidential consultation.

Attorney Michael Kraut is a Harvard Law School educated ex-prosecutor who has earned a reputation as an extremely experienced Los Angeles criminal defense attorney. He’s helped many clients just like you deal with complex DUI in Beverly Hills charges.

November 13, 2013

DUI Glendale Drama: Carol Doda, Legendary Stripper, Busted in a DUI Crash

by Michael Kraut

Getting into a Glendale DUI accident is awful, whether you are a PA, a big film executive… or even a legendary stripper.

76-year-old Carol Doda – who falls into that third category – got arrested a few weeks ago, when she smashed her Acura into another vehicle on Jackson Street in Northern California, outside of 5A5 Steak Lounge.

Doda was a topless performer in the 1960’s at the Condor Club in North Beach — widely considered to be the “world’s first topless bar.” In one of her most famous acts, engineers lowered Doda topless onto a piano by guy wires, her 44D breasts available for the whole crowd to see. By the end of the 1960s, Doda also performed bottomless.

Her charm and silicon enhanced bustline made her the object of much conversation and heated debate. Today, she owns Champagne & Lace Lingerie Boutique on San Francisco’s Union Street.

Getting back to Doda’s DUI… according to police reports, the Condor Club star smelled like alcohol and confessed to drinking “a couple of drinks” at a local bar before getting behind the wheel. “Smelling like alcohol” is a hallmark symptom of DUI in Glendale (and elsewhere). Other common symptoms include bloodshot/glassy eyes, trouble following directions, sudden mood shifts, inability to understand or answer officer questions, and failure to perform to field sobriety tests, like the “stand on one leg,” “count backwards by 3’s,” and “finger to the nose” tests. Police wanted to give Doda a field sobriety test, but they feared that she might slip and get injured. At Mission Station, officers tried to administer DUI blood and breath tests; Doda could barely understand their questions!

(If you refuse a Glendale DUI breath test or blood test, your license automatically gets suspended.)

While celebrity DUI cases can be titillating – and certainly interesting to read about – they can also inform the way you think about your own Glendale DUI defense.

The truth is no one is above the law. Whether you are a famous stripper, a hugely influential politician, a sport star or a mega A list actress, the laws of human biology – and the laws of Southern California DUI – still apply to you.

The question is: what should you do now?

Whether you stand accused of a serious felony, pursuant to California Vehicle Code Section 23153, or you “just” got busted for weaving in and out of lanes on the 134, look to an experienced Glendale DUI defense lawyer at the Kraut Criminal & DUI Lawyers for smart, capable, and compassionate assistance. Mr. Kraut is a Harvard Law School educated former prosecutor, who won a 99+% success rate at jury trials while working as a prosecutor. He maintains strong relationships with colleagues throughout the Southern California criminal defense system.

November 8, 2013

Beverly Hills DUI Lawyer Dilemma: What Happens When an Attorney Gets Busted for DUI… 4 Times?

by Michael Kraut

As you’re searching for a Beverly Hills DUI defense attorney, you’re probably under the impression that most lawyers who focus on criminal defense understand the law well enough to avoid trouble themselves.

Truth be told, most attorneys do behave quite well.

But not all.

Consider the bizarre case of Dan Doorakian, a high level attorney who practices in West Palm Beach, Florida… and who recently got busted for his fourth DUI arrest in four years. The 39-year-old Doorakian is desperately trying to avoid prison time. But local legal analysts believe that he may have a difficult time convincing Judge Marni Bryson to keep him out of jail.

Doorakian wants the judge to consider two months of inpatient rehab he served his to count as “jail time” for purposes of his sentencing. But an anonymous source told Gossip Extra, a local celebrity journalism magazine: “ultimately, he is facing time behind bars, but he is trying to find a way to stay out or just spend a few days there.”

Doorakian’s DUI was his second of the year. He got busted back in January 2013. Prior to that, he picked up two DUI arrests in 2009. He was found not guilty the first time but picked up a conviction for his second arrest and put on probation for a year.

The Takeaway for Your Beverly Hills DUI Defense

This case is disturbing for many reasons. The conventional wisdom suggests that, once you understand the consequences of Beverly Hills DUI driving, you’ll likely avoid breaking the law. But Doorakian’s situation shows that that’s not necessarily the case. In other words, you can have deep knowledge and understanding about what a DUI conviction entails… and STILL be unable to control your behavior.

That case also showcases that there are real limits to what any DUI defense attorney in Beverly Hills or elsewhere can do for you. The facts, ultimately, are the facts. You need to play the hand you’re dealt.

Fortunately, you’re not helpless either. An experienced Beverly Hills DUI defense attorney with the Kraut Criminal & DUI Lawyers would be happy to help you make sense of what’s gone wrong and develop a sound, effective response to your charges. Please call Attorney Kraut today to get insight into your legal situation. Mr. Kraut is a highly respected Harvard Law School educated ex-prosecutor who has helped many clients in complex cases get good results.

November 6, 2013

Hollywood DUI Update: Happy Gilmore Star, Christopher McDonald (a.k.a. Shooter McGavin), Busted in North Carolina for DUI

by Michael Kraut

Some late breaking Hollywood DUI news: 50-year-old actor, Christopher McDonald, was just arrested for DUI in North Carolina, after he blew 0.15% on a breathalyzer test.

0.15% BAC is nearly twice the legal limit, as stipulated by California Vehicle Code Section 23152 (b). McDonald, who’s been a working actor for decades (168 separate credits), is perhaps best known for his role as Shooter McGavin in Adam Sandler’s epic golf comedy, Happy Gilmore.

WECT in North Carolina reports that police pulled McDonald over in Wilmington at 4:30 a.m. The actor cooperated with the officer and blew into a breathalyzer test, where he registered that 0.15% BAC number. He was arrested and later released on $1,000 bond.

This incident was McDonald’s first brush with the law. He is married, and he has four children. Not exactly your typical, tabloid-y Hollywood DUI story.

Case analysts believe that McDonald will likely get off with a light sentence and a plea bargain… although you never can tell with Hollywood DUI cases.

In fact, it’s really important not to assume that your case will be easy and simple. Subtle details about your Hollywood DUI arrest can make an enormous difference. These include:

• Your criminal history, if you have one;
• The police work done on your DUI arrest;
• Whether or not you caused any collateral damage. (For instance, did you leave the scene of an accident; get into an altercation with a police officer; or otherwise engage in any illegal or unethical behavior?)

Fortunately, no matter what you did (or allegedly did), you are entitled to a fair and thorough Hollywood DUI defense per California law.

The team here at the Kraut Criminal & DUI Lawyers in Hollywood can help you deal with your charges in a sound, ethical, and thorough way. Mr. Kraut is a former prosecutor who spent 14 years on the other side of the law, helping to put DUI defendants behind bars. He uses his detailed knowledge and relationships with ex-colleagues to deliver excellent service to his defense clients.

November 4, 2013

Glendale DUI Quiz: Which of These Three DUI Stories are True, Which are False?

by Michael Kraut

Now for another Glendale DUI “true or false” quiz. Here’s how it works. You read the synopsis of six stories that may or may not have happened. Try to guess which three stories are made up and which actually occurred in real life.

Here we go:

1. Only in China: 10 employees shove their boss’s vehicle home, after he gets too inebriated to drive.

If you think punishments for Glendale DUI are harsh, they’re nothing compared to what the country of China metes out. Not only do convicted offenders get steep fines, but they also can spend six months or longer in jail for first misdemeanor DUI offenses. In any event… 10 Chinese workers and their boss partied too hard at a restaurant. Soon, no one was sober enough to drive. So the boss convinced his workers to push his car all the way home. The journey took 45 minutes!

2. Woman who did not like the results of her breathalyzer bites off cop’s thumb.

A woman in Louisiana was displeased with the results on her breathalyzer, which found her to be over 2.5 times the legal limit for Glendale DUI (0.08% BAC). She exhibited her displeasure by mangling the thumb of the arresting officer with her teeth. She later told authorities that she was “confused” and thought he had actually instructed her to bite him. Two years after her arrest, she was sadly institutionalized.

3. A woman arrested for DUI had 23 cats in the car with her!

A Meriden, Connecticut woman was pulled over on I-95, when an officer saw her veer suddenly across three lanes of traffic. During her subsequent field sobriety test, officers heard strange noises coming from the car. Upon inspection, they found 23 different cats in her car. Only 5 of them were in cages. The rest were freely moving through the vehicle. Obviously, the woman was arrested on animal cruelty charges. But the big kicker is that she blew a 0.23 on her breath test – the same as the number of cats in her vehicle!

4. Vladimir Putin often purposefully drove drunk to “sharpen his driving skills.”

Former Russian leader, Vladimir Putin, is famous for his rigorous self-discipline and eccentric forms of self-improvement. The ex-KGB op taught himself to drive under the influence “just in case” he ever needed that skill. The former Russian President even had advisers videotape his performances so he could improve his response times.

5. Man shows up for driving test while insanely under the influence.

A man in Romania had his license suspended for two years for driving under the influence. When he returned to the Romanian version of the DMV to retest, the organizers saw him stumbling around. Officers gave him an alcohol test, which he promptly failed.

6. Mother and her boyfriend force 13-year-old to drive, because both adults were DUI.

A 32-year-old woman and her boyfriend downed tons of wine at a local pizzeria. Since both the mom and her boyfriend had multiple DUIs on their record, they forced the woman’s 13-year-old son to drive them home. The young man became confused and disoriented and started driving in the wrong way. But his mom and her boyfriend were too busy making out in the back seat to pay any heed.

If you need help with your Glendale DUI case, connect with the team at the Kraut Criminal & DUI Lawyers today for an insightful, useful free consultation.

ANSWER KEY:

1 (true); 2 (false); 3 (false); 4 (false); 5 (true); 6 (true)

November 1, 2013

Beverly Hills DUI Quiz: Are These Crazy DUI Stories Real or Made Up?

by Michael Kraut

Beverly Hills DUI stories have a reputation for being pretty outlandish. The real-life antics of movie stars like Lindsay Lohan and Mel Gibson – along with the strange, wild behavior that we’ve catalogued in hundreds of posts — speak to our weird collective proclivities.

Let’s test your mettle: try to figure out which DUI stories are true and which are false.

1. Son and both his parents all separately arrested for DUI on the same day.

A family in South Canterbury scored the ultimate DUI trifecta. The 15-year-old son got arrested at 12:15 a.m. for DUI, testing at nearly 3.5 times over the legal limit. Police took him to the station, where he called his mom. While on her way to the station to pick him up, the mom was stopped and busted for DUI (nearly twice the legal limit). She then called her husband, who came to get both offenders. The husband in turn was stopped and arrested for DUI!

2. 49-year-old Wisconsin woman called the police on herself after calling 911.

The dispatcher asked her if she was driving behind a DUI driver. She responded: “no, I am them.” BAC tests later showed that she had twice the legally acceptable amount of alcohol in her system.

3. Vermont man charged with DUI after letting his dog drive his pickup.

A 39-year-old farmer and dog trainer in rural Vermont rigged his truck so that his dog could operate the vehicle. Unfortunately, police spotted him “training” the dog on a rural road and found that the erstwhile owner had a BAC of nearly 0.20% — nearly three times the Beverly Hills DUI limit!

4. Woman claims that she couldn’t have been DUI because she is a “breatharian.”

Police in Arizona arrested a woman for driving under the influence – testing her to have a BAC of 0.12%. She denied the charges, claiming that she couldn’t have consumed alcohol, since she lives off of only air and sunlight. This bizarre “diet” – known as breatharianism — has a rich, chequered history going back thousands of years. (It’s obviously impossible, since the human body cannot survive for more than a few days without water or more than a few weeks without food). But the woman may have been the first breatharian ever arrested for DUI.

5. Student arrested for DUI while dressed as a breathalyzer test.

Irony alert! A student in Ohio got arrested for DUI while dressed as the very test that he later failed (he blew a 0.158% — nearly twice the Beverly Hills DUI limit). His costume different drunkenness levels including “boring,” “life of the party,” and “sotally tober.”

6. Police officer singlehandedly arrests 18 different people (in different cars!) for DUI.

In the outskirts of Dublin, an officer was tired of taking flak from patrons at a local pub.

Many people in the pub apparently knew the police officer since he was a child and didn’t respect his authority. To mess with them, nearly two dozen patrons decided to leave the pub at once (while DUI) and drive away. Rather than call back-up, the officer proceeded to find and ticket each one of the drivers.

If you need help deal with your Beverly Hills DUI case, connect with an experienced and highly respected attorney at the Kraut Criminal & DUI Lawyers for a free consultation.

ANSWER KEY:

1 (true); 2 (true); 3 (false); 4 (false); 5 (true); 6 (false)

October 28, 2013

Horrendous Hollywood DUI News: Barbara Walters’ Daughter Busted with 0.218% BAC

by Michael Kraut

Some breaking Hollywood DUI news.

Jacqueline Walters Danforth, the 44-year-old daughter of recently retired news anchor Barbara Walters, was recently arrested for DUI in Naples, Florida. According to reports from the New York Daily News and TMZ, Jacqueline and her boyfriend had been driving a Honda Pilot on the highway, when police stopped them for driving without their lights on.

Police described a volatile encounter with Jackie and her male passenger, who appeared to be extremely under the influence. As the police arrested the boyfriend, Jackie apparently “began shouting,” prompting the arresting officer to take action. In his report, he wrote “I was afraid the suspect might run into traffic on the highway, so she was taken to the ground due to her unpredictable behavior, and then secured in handcuffs.”

When the now 44-year-old was a teenager, she got into lots of trouble. She even appeared with her mom on several TV specials to discuss her issues, in the hopes that other parents and troubled kids could learn lessons.

Per the police report, Jackie’s breathalyzer test result was 0.218%. For those of you keeping score, that’s more than 2.5 times (!!) the limit for DUI in Hollywood or anywhere else in California. Shortly after her arrest, she paid her bond of $1000.

Jackie is Barbara Walters’ child with her second husband, Lee Guber. Walter, who discussed Jackie’s difficult childhood and substance abuse issues in her biography, just retired from TV journalism as the host of The View, after a 50-year broadcast career.

Lessons for Other Hollywood DUI Defendants
Being a child of privilege or celebrity does not inoculate you from stress, pain, and bad decision making. In fact, anecdotal evidence (at least) supports the idea that children brought up in the spotlight – i.e., kids who have extremely famous parents – face extra challenges and pressures that can lead to bad decisions and dangerous behavior.

Examples abound. Think about the high profile Los Angeles DUI arrests of people like Lindsay Lohan and Mel Gibson. Or consider the Los Angeles lewd conduct charges against famous grown up child stars, like Macaulay Culkin and Nick Stahl.

The point is that many people arrested for driving under the influence in Hollywood (or elsewhere) deserve kindness and help. Everyone experiences rough spots. And everyone deserves a chance to make amends.

The big question is: how do you do that, safely, ethically, and legally?

In other words, what should you do about your Hollywood DUI charges?

Every case is different. Fortunately, an experienced lawyer at the Kraut Criminal & DUI Lawyers can help you. Mr. Kraut is an ex-prosecutor (14 plus years as a Deputy District Attorney) who maintains close relationships with his ex-prosecutorial colleagues and judges. Connect with attorney Kraut today for insight and a free case evaluation.

October 25, 2013

Beverly Hills DUI Update: Amanda Bynes Not Fit To Stand Trial for Her Arrest, Claims Lawyer

by Michael Kraut

Many Beverly Hills DUI stories are tragic-comic tales of celebrities upstaged by their own hubris and overreach.

Millions of Americans like to ponder the odd behavior of divas like Lindsay Lohan and Britney Spears – as well as the atrocious rants and acts committed by the likes of celebrities like Mel Gibson.

But sometimes Hollywood DUI stories aren’t funny. They aren’t object lessons. They’re just plain tragic.

Such appears to be the case with actress Amanda Bynes, who was arrested last April in West Hollywood for driving under the influence. As our Beverly Hills DUI law blog (and many other sources) reported at the time, Bynes tweeted to President Obama asking for lenience in her case: “Hey, @BarackObama…please fire the cop who arrested me. I also don’t hit and run. The end.”

At the time, many chided Bynes for her behavior — they considered it just another example of a bubble gum actress/pop star gone bad. However, Bynes’s behavior continued to deteriorate – but not in a “normal” celebrity meltdown kind of way.

Earlier in the year, she was found lighting a fire in the driveway of Los Angeles home, and she was admitted to a psychiatric ward in July for treatment. The 27-year-old was due in court at the end of September for her DUI, but her lawyer said that she was mentally unfit to go to trial for her DUI, per California Penal Code 1368, which states “If counsel informs the court that he or she believes the defendant is, or may be, mentally incompetent, the court shall order that the question of the defendant’s mental competence is to be determined in a hearing.”

Bynes’ mother, Lynn, has applied to be her conservator, which would give her some legal rights over the actress. The Beverly Hills DUI criminal procedure against Bynes has been paused, while the justice system deliberates to determine whether she is competent to go to trial.

Can Bynes’ case teach us something about how to defend against Beverly Hills DUIs?

One of the interesting lessons here is that a DUI is often a symptom of larger and more complex problems in the life of the defendant.

Many Beverly Hills DUI defendants don’t really look at their DUIs in context. They just want to get out of trouble and get back to their regularly scheduled lives. But really they should see the DUI as a wake up call to get much needed help.

Fortunately, you can start the process effectively today by connecting with Beverly Hills DUI criminal defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers. Mr. Kraut is an experienced ex-prosecutor who has the wherewithal and experience to get results for you.