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Things were already rocky between you and your spouse, before you got arrested for driving under the influence in Long Beach. Now things are worse.fight-with-wife-after-long-beach-dui.jpg

What can you do?

First of all, you need to address the realities of your arrest and all the legal implications. According to California Vehicle Code Section 23152 (a) or 23152 (b), even a misdemeanor DUI in Long Beach (or elsewhere) can lead to jail time, annoying court costs and fees, mandatory installation of an Interlock Ignition Device (IID) in your car, strict probation terms, mandatory alcohol school, and loss of your CA driver’s license. And that’s just for starters! On top of that, your insurance rates can go up and you can lose your job.

That’s brought up not to spook you, but rather to help you focus on what’s truly important right now, which is your Long Beach DUI defense.

In other words, the “practical stuff” regarding your defense needs to take priority. Otherwise, you run needless risks. The longer you delay getting good representation, for instance, the more difficult it will be to take care of/prevent other bad events. For instance, right now you might be able to contest the driver’s license suspension, find evidence to challenge the Long Beach breathalyzer test results, and anticipate what prosecutors may throw at you.

This isn’t to say that you should neglect your relationship. At some point, you DO want to circle back to address pivotal emotional issues. After all, you’re going to need support not only to manage the logistics of your life – e.g. who’s going to drive you and your children places, if you have a suspended license? – but also to keep you from recidivism and boost your confidence.

Obviously, this is a Long Beach DUI defense blog, not a relationship counseling blog. But you might find it useful to treat the “Long Beach DUI conversation” with your spouse (or partner or girlfriend/boyfriend) as you would treat an important business meeting. In other words, prepare for it! Spend time writing down the stuff you want to stay and imaging the conversation going as well as it could go.

If you haven’t yet broken the news to him or her, prepare. If you’ve broken the news, and the “first round” didn’t go over well, you need to go from there. Acknowledge your starting point – don’t lie to yourself or pretend your problems aren’t as bad as they really are. But retain hope and faith that you can get through this — that you will rebound from your DUI in Long Beach stronger, more compassionate, safer, and more resilient than before.

Step one is to understand your current playing field. What’s true now about your arrest, your charges, and your possibilities? Get insightful, confidential answers by connecting with the Kraut Criminal & DUI Lawyers today. Attorney Kraut is not just a very highly regarded and well connected Long Beach DUI defense attorney, but he is also an ex-prosecutor, so he knows what prosecutors will want out of your case.

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Your Pasadena DUI arrest has caused you to rethink a lot of your fundamental ideas about yourself, your future, your relationships, and your ability to succeed in general. kaizen-after-pasadena-dui.jpg

Whether the DUI caused serious bodily injury to someone, or whether it was “just” a misdemeanor charge that landed you in jail overnight, you’re stuck in a precarious situation. To create an effective Pasadena DUI defense, you need the proper mindset. To paraphrase one of Albert Einstein’s most famous quotes, “DUI problems cannot be solved using the same consciousness that created them.”

To reconcile with what drove you to drive DUI in Pasadena, you’re going to need help from outside, trusted sources. You may not be able to “fix things” in a single therapy session. But tested advisors, such as an experienced Pasadena DUI defense lawyer, can help you make serious progress.

Seeing “Self-improvement” Not As a Single Project, But Rather As an Ongoing Process
Consider the Japanese art of “Kaizen” – or “never ending improvement.” This philosophy has helped companies like Toyota become world acclaimed brands, and it’s also helped many civic leaders, scientists and athletes achieve their potential. The gist of kaizen is that, over time, if you direct your energy towards improvement – enjoying the process of improvement for itself – eventually, you will build positive momentum and vault beyond mediocrity to success.

What this means for your Pasadena DUI defense is that, in addition to dealing with the nuts and bolts — e.g. striving to minimize your punishments and reconcile with ancillary costs (such as bumps in your car insurance rates) — make a vow now to work on yourself. Find the right people and mentors. Transform this disheartening experience into one that, in retrospect, you will recall as a pivotal, positive moment in your life.

Step one is to get in touch with your resource-rich, tested Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers. Mr. Kraut attended Harvard Law School, and he has been a guest commentator for the Los Angeles Times, KTLA, and other widely respected media publications.

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Stories about celebrity DUIs in Los Angeles typically focus on the drivers who wreak havoc, hurt people, or say or do dumb things at checkpoints. toth-witherspoon-dui.jpg

But that’s not always the case.

Consider the fascinating DUI arrest of CAA agent, Jim Toth, husband of actress Reese Witherspoon. On April 19th (as this Los Angeles DUI blog and other sources reported), Toth got stopped in Atlanta on suspicion of DUI. Witherspoon, who was in the car, made ridiculous, panicked statements to the officer — including accusing him of not being a “real” police officer – comments which got her arrested for attempting to intervene and disorderly conduct.

She has since profusely apologized.

She recently appeared on Good Morning America to talk about her new independent film, Mud. Host George Stephanopoulos brought up the DUI — and Witherspoon’s less than elegant comments to the officer: “You’ve been under the spotlight your whole adult life, and this doesn’t sound like the Reese Witherspoon we’ve grown to know.” Witherspoon agreed and said “I have no idea what I was saying that night. I saw him arresting my husband, and I literally panicked. And I said all kinds of crazy things. I told him I was pregnant. I am not pregnant. I am so sorry.”

Witherspoon said she particularly regretted the disrespect, because she has police officers in her family, and she works with police every day: “I know better. It’s just unacceptable.”

She also discussed how difficult it was to talk to her young children about the acts. She told Stephanopoulos “we are taking responsibility and doing everything in our power to make it right. You just have to be honest with them [her kids].”

The Oscar winning actress’s weird post-DUI behavior is not atypical.

In fact, lot of people arrested for driving under the influence in Los Angeles behave in ways they never imaged they could behave. Some people leave the scene of accidents — obviously a big no-no. Others lash out at police officers or break down emotionally.

In fact, many of the stories that we discuss here on this Los Angeles DUI blog are “newsy” because they highlight this tendency that DUI drivers often exhibit — to exacerbate problems after the fact. It’s bad enough if you get stopped at a Los Angeles DUI checkpoint and blow a 0.16% BAC on the breath test (twice the limit, per California Vehicle Code Section 23152(b)). It’s worse if you complicate the situation by punching an officer, driving away from the scene of the crime, lying, or engaging in other fishy behavior.

So why do people do this? Why do they metaphorically “throw good money after bad” – i.e., put themselves at risk for enhanced/additional charges for no reason?

This is a Los Angeles DUI blog, not a psychology blog. But undoubtedly our primitive brain is (at least to a degree) responsible. When we see threats in nature (be they saber-tooth tigers or police cars with flashing red lights), we engage in defensive behaviors: freeze, flight, or fight.

• The “freeze” behavior corresponds to a driver’s failing to respond to officer questions.
• The “flight” response corresponds to hit and runs or attempts to flee Los Angeles DUI checkpoints.
• The “fight” behavior corresponds to the lashing out – ranging from Witherspoon’s verbal misbehavior in Atlanta to other suspects’ attempts to fight with officers.

To unpack what’s happened to you and figure out the best way forward, connect with a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers. Mr. Kraut is an experienced and battle-tested lawyer who worked work many years as prosecutor (Senior Deputy District Attorney for LA).

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Perhaps you wrote off your first DUI in Burbank as “bad luck” or “bad karma” or whatever. tim-morrow-8-DUI-brurbank.jpg

But now that you’re facing your second charge, you’re deeply worried that prosecutors will not take kindly to the recidivism. You are right to fear that. The Southern California justice system does not like it when drivers commit repeat crimes.

In that context, it’s astonishing when people like 43-year-old Timothy Morrow wind up with eight DUI convictions over a lifetime. That’s right: EIGHT DUIs.

The self-employed carpenter collected his first DUI at the age of 17. After that, he got arrested twice for boating under the influence and nine other times for driving while intoxicated. A local state attorney, Ben Dillon, noted “it defies the logic that an individual that has been arrested for DUI 10 times continues to drink alcohol…it’s clear this defendant just doesn’t get it and doesn’t care.”

A judge just handed down a 13 year prison sentence to Morrow, despite the fact that he admitted to the court that he had been abused as a child: “I have a 12-year-old son that I want to see grow up. I made a mistake, I apologize.” Circuit Judge, Brian Hughes, appreciated the confession but handed down the 13 year jail sentence anyway: “you said you made a mistake … you made mistake after mistake after mistake, for 25 years. You are still somebody that keeps making the same mistake.”

Do recidivists Burbank DUI offenders deserve a second chance? How about a third? A fourth? A fifth? Where does it end?

As the inimitable Will Rogers once said, “If you find yourself in a hole, stop digging.”

That’s sensible advice, but it’s often hard to follow in practice. It’s easy to look at somebody else who keeps “making the same mistake” and judging that person for being unable to get it together. But if you have a problem — be it a problem managing your relationship with alcohol or a deep seated psychological issue — you may not be able to figure out how to “stop digging” and approach your situation from a new and fresh vantage.

Fortunately, with the right help, Burbank DUI defendants like you can often not just rebound from serious charges but also restructure their lives, their careers and their finances in positive ways.

Let the team here at the Kraut Criminal & DUI Lawyers help you with your Burbank DUI defense. Attorney Kraut is an experienced, trusted criminal defense lawyer. As an ex-prosecutor, he maintains excellent relationships with other prosecutors, judges and police officers, and he feels a great duty both to provide defendants with excellent counsel and to protect the public good.

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If you got stopped at a DUI checkpoint in Pasadena, hopefully you had a better excuse than 50-year-old Steve Gosa, of Buford, Georgia. According to local reports from the Gwinnett County Police, Gosa awoke in the middle of the night on April 15 with a hankering for Waffle House.

He cruised passed a sobriety checkpoint on Braselton Highway, going 70 miles per hour in a 45 miles per hour zone — “then crossed over into the center lane, getting half the vehicle in the other lane” — according to the local police report.

An officer unsurprisingly took off after him and chased him into the parking lot of a local Publix Grocery Store, on the corner of Braselton Highway and Hamilton Mill Road.

One of the big symptoms of DUI in Pasadena is the “odor of alcohol,” and that’s exactly what this officer first noted about Gosa. Gosa admitted that he was heading to Waffle House because he woke up really hungry. He did not admit to consuming any alcohol.

Obviously, Waffle House’s waffles (and the other food there) is quite yummy. It’s certainly understandable why someone would want to head down to get waffles that have been smothered, covered, slathered, etc. Also, Waffle has a jukebox that plays some really fun, kitschy songs, extolling the glories of waffles.

Nevertheless, no matter how hungry you are, you are not allowed to drive DUI in Pasadena or anywhere else. Not to a Waffle House. Not to an IHOP. Not to any place at all.

Gosa surely understood this, after he failed his field sobriety test and got booked on DUI charges and a charge of an improper lane change. He made his $2074 bond that day, but he undoubtedly has a long road to face, legally speaking.

So what lessons does this Waffle House drama hold for you, if you’ve likewise been tagged for driving under the influence in Pasadena (or elsewhere)?

First of all, appreciate that, if you said something dumb or untoward to a police officer, you’re not the first person to make such an error. Strive to be compassionate with yourself and avoid beating yourself up too much for what happened.

Second of all, understand that your misjudgment has landed you in legal hot water. You may face charges per California Vehicle Code Section 23152 or even 23153 (the CVC for injury DUI).

Lastly, know that you CAN start taking responsibility and being strategic about how you approach your case. An astute, well-formed defense can help you get out of trouble – or at least minimize your punishments. Get in touch with well-established Los Angeles DUI defense attorney, Michael Kraut, today to explore your options and create an effective defense.

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Even a first time Beverly Hills DUI misdemeanor conviction can lead to substantial jail time, hundreds of dollars in fees, required installation of an IID device in your vehicle, and mandatory alcohol classes. 60-million-dollar-los-angeles-dui.jpg

Your insurance rates may also go up precipitously. (Imagine if you had to pay $2,000 or $3,000 or more every year in car insurance… just because of your DUI!)

These costs don’t even touch on the harder to measure indirect costs, such as a job loss, trouble with your marriage or key relationships, and so forth.

But even if your Beverly Hills DUI accident caused a LOT of damage — for instance, maybe you fishtailed off Wilshire and smashed into the facade of the Beverly Hills Hotel — what you did wouldn’t hold a candle to what John Cota did.

On November 7, 2007, Cota, a 60-year-old ship captain, plowed a tanker containing 53,000 gallons of oil into a bridge’s support tower… while DUI and/or on drugs. The accident drenched the San Francisco Bay in oil, destroyed tons of wildlife (literally), and tarnished beaches for miles around. Officials later said the crash caused the deaths of 2,000 birds and cost the local government $60 million to clean up.

Cota took a test two hours after the accident. Police failed to find intoxicating substances in his blood, although recent evidence suggests that he had been taking a variety of medications for migraines, anxiety, and pain. These meds easily could have interacted to interfere with his driving/boating performance. Coast Guard officials later suggested that Cota’s prescription medications likely impaired his judgment. (If you or someone you know has been arrested for drug DUI in Beverly Hills, the team here at the Kraut Criminal & DUI Lawyers can help.)

Eight years prior, Cota was booked on DUI charges. His struggle with alcohol and his history of taking strong medications are both well documented.

Picking Up the Pieces After Your Beverly Hills DUI: What Will YOUR Punishment Be?

In the abstract, it’s practically impossible to even “ballpark” what your Beverly Hills DUI punishments might be. Factors that the justice system will take into consideration include:

• Your previous DUI history (if you have any);
• The severity of the crash;
• Your BAC level;
• Whether you committed other crimes while DUI, such as hit and run;
• Whether you got overly aggressive with police officers;
• Whether the officers calibrated and conducted your BAC and blood alcohol tests correctly and Constitutionally.

No legal team can guarantee results, but your choice of Beverly Hills DUI lawyer can matter – substantially. Connect with a former prosecutor and highly educated Beverly Hills DUI attorney, Michael Kraut, for insight into your situation and help moving beyond your humiliating and scary experience.

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Was your Los Angeles DUI this bad?bar-stool-DUI.jpg

After consuming 15 beers, 28-year-old Kile Wygle, of Newark, Ohio, hopped onto a motorized bar stool that he had made himself out of a deconstructed lawnmower.

Unsurprisingly, he crashed.

Wygle’s friend called 911 and told police “I got a friend who wrecked a bar stool.” The dispatcher at first was confused and thought Wygle had hit his head on a bar. The friend said, “no, he was riding the bar stool … a motorized bar stool.”

Wygle had to go to the hospital for minor injuries. After the crash, he told a reporter “I drank quite a bit after I wrecked.” He also told police that his homemade contraption could reach speeds of up to 38 miles per hour.

Whether he overestimated his vehicle’s capacity or not, his statement indicates that he knew that the stool could be dangerous. Had he ridden it on an open road, he could have hurt other people.

Unfortunately, when you’re young — and trying to impress friends with a homemade, motorized gizmo — safety may not be at the top on your list of concerns. But you can still land a serious DUI charge, even if what you’re driving does not technically look like a car or truck.

Most Los Angeles DUI charges are relatively “boring” — they involve stops at checkpoints and commonplace violations of California Vehicle Code Sections 23152 or 23153. Perhaps your situation was more “exotic” than the standard DUI. Maybe you were at a UCLA or USC frat party. Some “new wild friends” got you to drive up to the Hollywood sign, but you drove your car into the woods and got stuck on a hiking trail – something like that.

No matter how ridiculous (or pedestrian) your charges are, you need two forms of clarity.

#1. Get Clear on Where You Are Now
What charges do you face? What might your punishments be? What options you have to deal with your legal crisis? etc.

#1. Get Clear on Your Ideal Outcome
Given the realities of your situation — from a best case scenario — what could you expect? How can you make that positive outcome occur?

While you’re certainly free to try to figure out the answers to these questions on your own, that’s not a particularly savvy strategy. Consider connecting with a Los Angeles DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor who retains very good relationships with his former prosecutorial colleagues… as well as with judges, police officers and other members of the Southern California legal community.

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If you’re a multimillion dollar entrepreneur, who can afford a 2010 Porsche Panamera, you’d probably be able to handle a Los Angeles DUI arrest with a fair amount of grace. Right?george-boedecker-crocs-founder-DUI.jpg

Not necessarily.

Being rich, famous and well-connected does not inoculate you from behaving like a raving toddler. When those red and blue police lights light up behind you, anything can happen.

Case in point: George Boedecker, the founder of Crocs. The 51-year-old shoe mogul got arrested a few years ago in Colorado, after a witness saw him passed out behind the wheel of his black 2010 Porsche Panamera. According to the Denver Post, when police arrived, Boedecker greeted them with a slew of profanities. Reports from both TMZ and the Huffington Post suggested that Boedecker was on quite a blue streak that night:

• Per TMZ: “he told cops to “f**k” themselves “in the a**”;
• In response to a request for his address, he allegedly said “I have 17 f**king homes”;
• He also told police officer that he was dating pop singer Taylor Swift — his “really f**king famous” girlfriend;
• At first, Boedecker claimed that she (Swift) was driving the vehicle, but then the officer asked the shoe mogul where she was. He said “Nashville”… and then called Swift “bad s**t crazy.”
• In addition to being uncooperative, Boedecker exhibited other symptoms of being DUI. The police arrested him, his protest that he “knew [his] f**king rights” notwithstanding.
• In response to a request to complete a field sobriety test, Boedecker responded “I am not doing your f**king maneuvers”;
• He even told one police officer that he was “his enemy for life” and earnestly hoped that the officer would “f**king die.”

The DUI was not the first time Boedecker had run into problems with the law. Back in 2006, he called his sister’s ex-husband and threatened him, allegedly saying “I’m going to slit your throat.” After that, he was arrested and charged with threatening bodily injury and misdemeanor trespassing.

Ironically, he also heads up a philanthropy group, the Boedecker Foundation, which, per the foundation’s website, has “a broad charter to empower communities and inspire positive change around the world.”

Boedecker no doubt easily made his bond of $500.

But the most delicious piece of irony comes from the website The Smoking Gun, which said that the officer who tagged him for DUI said he was wearing flip-flops – not crocs!

Did you do “dumb stuff” after your Los Angeles DUI stop?

If so, appreciate that you’re not the only one in history to have “screwed up.” That said, the actions that you take now (or fail to take) can have an outsized effect on your ability to avoid jail time, and reduce your overall pain and frustration.

A Southern California DUI defense attorney at the Kraut Criminal & DUI Lawyers can help you get a handle on what your charges mean and what you can do to fight back against them. Connect with Harvard Law School educated Kraut and his experienced team now for assistance.

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Imagine getting arrested for driving under the influence in Pasadena three times within ten years. You know what happened to you if that occurred?pasadena-DUI-71-year-old.jpg

Prosecutors could throw the book at you.

In fact, punishments for “just” a misdemeanor DUI can be pretty astonishingly diverse:

• a year’s suspension of your California license;
• mandatory alcohol school;
• difficult probation terms;
• jail time;
• fees and fines;
• those punishments don’t even scratch the surface.
• Often, the most painful aspects of a DUI arrest/conviction involve the indirect consequences, including the loss of a job, the devastation of a relationship, and the break down of self-esteem (not to mention higher insurance rates).

Again, that’s just for a standard misdemeanor Pasadena DUI. If you get three convictions within a 10 year period, prosecutors can “hit you” much harder with a mandatory minimum of 120 days jail time, 18 months of alcohol school and a three year suspended license (among other things). They can also elevate what would ordinarily just be a misdemeanor to a felony count, meaning that you could spend over a year in jail for a crime that once might only have netted you several hours behind bars.

Put that in context, as we talk about an astonishing situation up in Marin County, California, where 71-year-old Gary Arnone was arrested three times for DUI within a span of just five days.

You read that right. That’s not a typo.

The first arrest came on Thursday, May 16th at around 3 AM, after a witness told police about a possible DUI driver. The second arrest happened less than 12 hours later at 2:45 PM – again, after a witness told police about an erratic driver. The third arrest, on Monday the 20th, followed a similar pattern. Police in San Rafael got a report that a driver on the 400 Block of Las Gallinas Avenue had been driving erratically – very slowly, with difficulty braking. Local police stopped the vehicle and found Arnone once again at the helm.

First time misdemeanor DUI bail amounts at Marin Superior Court are typically around $2600. But when police found out about the multiple arrests, the local judge boosted the bail to $75,000.

Arnone’s tangled tale was overshadowed by other Pasadena DUI news – mostly notably the arrest of Barbara Walter’s daughter, Jacqueline, which we covered in a separate post. But the implications of Arnone’s case are arguably more interesting and relevant to your situation.

After all, these multiple arrests raise questions that you may consider asking yourself, such as:

• Why might someone commit a crime like Pasadena DUI again and again within a short span of time?
• What types of psychological, financial or emotional crises fuel this kind of “DUI binging” behavior, and are you at risk for engaging in similar recidivism?
• What steps can you take – or processes can you put in place – to prevent you from heading down a similar path?
• Given your charges, can you avoid the worst penalties and protect key interests, like your freedom and your driver’s license?

The answers obviously depend on what Pasadena DUI crime you allegedly committed and other factors, such as your driving history, criminal record, and whether anyone was hurt or not in the crash.

Get in touch with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers for insightful, thorough free consultation about your matter. Mr. Kraut is an ex-prosecutor who attended Harvard Law School, and he maintains terrific relationships with important people in the Southern California legal community.

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As our regular Glendale DUI blog readers know, the system by which DUI suspects get pulled over, investigated, arrested, and prosecuted is – shall we say – less than perfect. dui-glendale-software-problem.jpg

We all collectively assume that the situation isn’t “that” out of control. Sure, perhaps breathalyzer tests aren’t perfectly calibrated. Perhaps the occasional Glendale DUI suspect suffers violations of his or her Constitutional rights. But, by and large, the system works well.

Maybe we need to reconsider such assumptions!

Why?

For evidence, look to our sister state of Arizona. An error at the Scottsdale crime lab in Scottsdale Arizona may have put hundreds of DUI cases (stretching back to 2009) in jeopardy of being overturned. You read that right: hundreds.

According to a local attorney, Craig Rosenstein of the Rosenstein Law Group, the software that measures the blood alcohol test of suspected Scottsdale DUI drivers is glitchy – in a big way.

This attorney claims that this glitch has led to being people being wrongfully convicted, and many more could be wrongfully arrested/convicted unless the problem gets resolved.

The local police department, for now, is standing by the software and its crime lab. A spokesperson told reporters “We have met or exceeded the rigorous standards set by the American Society of Crime Lab Detectors.”

The Scottsdale Police will soon confront the accusations in Superior Court.

Do you believe that your Glendale DUI was a mistake? If so, you might feel deep pangs of sympathy for Christy Allen Lee, a single mom of two, who was wrongfully arrested for DUI. Lee told reporters “[the night of the arrest, I was] talking business, shared one bottle of sake, and I didn’t drive until four hours later.”

But when the police pulled her over, her blood test came back showing she had a BAC of nearly twice the legal limit (both Scottsdale and Glendale DUI legal limits are 0.08% BAC).

Lee recounted her harrowing ordeal: “I sat up all night panicking. Here I am, single mom of two, barely getting by as it is, now I’m charged with something I didn’t do. Pretty terrifying.” Not only did Lee spend thousands of dollars out of pocket fighting the charges, but she also lost her job.

Of course, it’s impossible to weigh in on this situation without closely examining the evidence (pro and con) regarding the alleged glitch. But the story does lead into a topic we’ve addressed on this Glendale DUI blog multiple times. And that’s that defendants often put way more faith in the so-called “objective” evidence of their DUIs than the evidence merits. (We’ve spilled a tremendous amount of virtual ink discussing the limitations of breathalyzer tests, for instance.)

Unpacking the truth about your Glendale DUI

For help understanding what really happened during your Glendale DUI arrest, get in touch with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today. Mr. Kraut is not only an ex-prosecutor (he served 14 plus years as a Senior Deputy District Attorney), but he is also a widely respected figure in the Los Angeles criminal defense community, and he has appeared as a guest authority on DUI for the Los Angeles Times, KTLA News, and the New York Times.

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