Los Angeles DUI Attorney Blog

January 16, 2013

Burbank DUI News: Will Supreme Court Allow Unwarranted Blood Test? What Effect Will SCOTUS’ Imminent Ruling Have On You?

Were you recently arrested for driving under the influence in Burbank, after being given a blood test by a police officer?

If so, some legal “goings on” at the United States Supreme Court may interest you.

Last Wednesday, the court heard arguments regarding a Missouri case. At issue: whether police should be allowed to compel DUI suspects to participate in DUI blood tests without a warrant. Prosecutors in this case had compelling arguments. Here’s how a Huffington Post article summarized the situation: “against the backdrop of a serious national problem of more than 10,000 deaths from crashes involving alcohol-impaired drivers in 2010…lawyers for Missouri and the Obama administration argued that dispensing with a warrant requirement would further the effort [to reduce the number of DUI injuries] because any delay in testing the suspect’s blood alcohol content allows alcohol to dissipate in the blood.”

A Justice Department lawyer argued that police in DUI situations might “face the certain destruction of blood alcohol evidence” eithout such tests. The SCOTUS Justices appeared skeptical of the prosecution’s case. On the one hand, they agreed that collecting blood samples should be a priority — a delayed collection could be a problem. On the other hand, they recognized that sticking someone with a needle to collect blood — without a judge’s approval! — is a highly intrusive act.

Justice Scalia, for instance, asked prosecutors “why shouldn’t that determination be made case by case?” Scalia’s point was that, if the test can be delayed, then it should be delayed until a warrant is acquired. If waiting would create a evidentiary problem, then “it’s okay.”

Tyler McNeely was arrested in rural Missouri after he failed multiple sobriety tests and appeared unsteady and presented with slurred speech – typical symptoms of Burbank DUI.

The officer had enough evidence to obtain a warrant to get a blood test — McNeely refused the breathalyzer. Instead, he took McNeely to the hospital, where a technician drew blood from him and found that his BAC was 0.154% — nearly twice the legal limit for driving under the influence in Burbank, Missouri, and elsewhere.

Both the lower court and the Supreme Court of Missouri said the blood test results should be thrown out because they violated the Constitution’s restrictions against unreasonable search and seizure. This legal fracas could redound to change how police, prosecutors, and Los Angeles DUI lawyers operate, albeit in a nuanced fashion. But if you’re facing a charge, you probably care less about obscure rulings out of Washington and more about your own situation. What should you do to manage your charges, protect your license and your rights, and avoid the harsh punishments that prosecutors may be bringing against you?

The Kraut Criminal & DUI Lawyers can help you make better decisions. Get in touch with Mr. Kraut and his team for a free, thorough and confidential consultation about your best next steps.

January 14, 2013

Beverly Hills DUI News Blogger: Gérard Depardieu a No Show at DUI Trial, As He Escalates His Bizarre Behavior

by Michael Kraut

This Beverly Hills DUI blog is not above covering international news, especially news that concerns celebrities like renowned French actor Gérard Depardieu – perhaps the greatest French actor of all time.

The 64-year-old Depardieu, however, has also had a colorful, if bizarre, recent history of criminal wrongdoings. Two years ago, he was arrested after he urinated in his seat on a plane, despite the pleas of fellow passengers and flight attendants. More recently, last November 29th, he drove his scooter while under the influence of alcohol to the tune of over four times the legal limit!

If you’re arrested for a way-over-the-limit DUI in Beverly Hills, you can be hit with additional penalties, such as a harsher jail sentence, longer license suspension, more alcohol school, and other sundry penalties. According to news sources, Depardieu could have pled guilty to the charges, got dinged with a small fine, and been on his way.

Instead, the eclectic actor absconded from the country to Belgium. Not only did he ditch his January 8 hearing, but he now faces more serious criminal charges, which could net him up to two years behind bars on top of fines totaling nearly $6,000.

The actor’s citizenship changes require a flowchart to track. Last December, he moved to Belgium to protest the high tax rates in France, prompting the leader of France’s Socialist party to call him names. Meanwhile, Depardieu recently accepted Russian President Vladimir Putin’s offer to make him a citizen of Russia, and he may move to Mordovia to become that region’s Minister of Culture. Depardieu released a statement from Switzerland (confused yet?) regarding his status: “I have a Russian passport, but I remain French and I’ll probably have dual Belgium nationality.”

Good grief.

Obviously, Depardieu’s legal fate – along with where he will ultimately reside – remain up in the air. But his legal situation is certainly fascinating. Of course, if you’re facing a Beverly Hills DUI charge, you’re much less concerned about being entertained and much more concerned about finding an appropriate, sharp Los Angeles DUI lawyer to deal with your charges in a sensible way.

The team here at the Kraut Criminal & DUI Lawyers can help you. Michael Kraut is a highly esteemed lawyer with a great track record. Connect with him and his team for a free consultation today.

January 9, 2013

Glendale DUI Sports News: Hall of Famer Carlton Fisk Guilty of Misdemeanor DUI

by Michael Kraut

Some sobering Glendale DUI news out of Chicago: Carlton Fisk, the legendary Hall of Fame catcher, pled guilty to a misdemeanor charge, just two months after Chicago police found him snoozing in his pick-up truck in a cornfield.

Officers in Lenox found the baseball legend passed out in his truck on the 22th of October. An open bottle of Vodka lay strewn on the truck’s floor.

Fisk got off with a relatively light sentence — just a year of court supervision, drug and alcohol counseling, and court costs and fines of $1,250. According to Fisk’s attorney, the emeritus slugger did the right thing by accepting responsibility; he “stepped up to the plate.”

Meanwhile in local Glendale DUI news, the Los Angeles Daily News recently offered the following key reminder: “Metro rail and bus lines will be free New Year’s Eve from 9 p.m. to 2 a.m. And if you drove to a celebration before having a few too many, AAA will even arrange a free tow home for your car.”

Over the 2011-2012 New Years holiday, over 15,000 people got arrested for DUI in Glendale and elsewhere in Los Angeles. Police tallied over 2,400 DUI accidents; 17 people died in those crashes. We’ll report on the DUI statistics for the 2012-2013 New Years holiday in an upcoming blog post.

If you or a family member stands accused of a crime like Glendale DUI, a good defense can save your CA license, keep you out of prison, protect your job, and stave off many directly related and indirectly related problems. Unfortunately, coming up with the most adroit defense is not always simple stuff!

For instance, you may suspect that the police operated in a less than ethical manner. But that may not be the case. Likewise, you may harbor unfounded doubts about your DUI blood test. Your true “best defense” might be esoteric. And the path to finding it — and then developing it and executing it properly — may be difficult, if not impossible, unless you have a respectable, powerful Glendale DUI defense attorney guiding you.

Get in touch with Michael Kraut of the Kraut Criminal & DUI Lawyers today for experienced and effective counsel, and get 2013 off to a better start.

January 7, 2013

Was Your Child Recently Arrested for Driving Under the Influence in Long Beach (or Elsewhere)?

by Michael Kraut

You’re a concerned parent whose child was recently charged with a DUI in Long Beach or elsewhere in Southern California.

You’re likely feeling a destructive cocktail of emotions right now, including anger, confusion, frustration, and helplessness. You worked so hard to raise a child who would abide by the law. The news of the arrest sent shockwaves through your immediate family. It’s forced you to reflect deeply on your values and parental strategies.

Whether your USC undergrad got stopped at a checkpoint on the 405 after an evening of New Year’s revelry; or your teenage daughter caused an injury accident and now faces the possibility of spending over a year behind bars, pursuant to charges under Long Beach injury DUI California Vehicle Code Section 23153, you want practical guidance. You also want to find empathetic, experienced people to help you deal with your own agita that’s been kicked up by the events of the past few days.

Your concern is merited. In fact, by researching and finding an excellent, trusted Southern California DUI criminal defense attorney, you can position your son or daughter to handle the charges better; manage the rehab and penalty phases more maturely; and identify and dispute officer errors and breathalyzer test false positives.

If your grown child can no longer drive to school or work — due to a license suspension stemming from his or her Long Beach DUI — then you may suddenly find yourself chaperoning once again. Likewise, if your child lacks a big savings account, he or she may look to you to pay the steep fines and court costs (which can total in the thousands of dollars). On a more indirect level, the psychological toll of getting arrested and convicted for a Long Beach DUI offense can impact the family for years. If you no longer trust your adult child to make wise decisions, that lack of trust can poison your relationship with the child.

On the other hand, the situation does not have to be grim, even if the offense is dire and the possible punishments manifold.

With the help of a reliable Long Beach DUI criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers, your child can put up stiff resistance to the charges and tap into a wealth of resources to deal with the various issues we’ve discussed in this blog post (as well as others not yet touched upon). Moreover, the DUI event can be re-framed as a learning and growing experience.

Get in touch with the Kraut Criminal & DUI Lawyers now for a free, confidential consultation about what to do, so you can feel more in control and more empowered.

January 2, 2013

Arrested for DUI in Los Angeles on New Year’s Eve 2013?

by Michael Kraut

Tonight is New Year’s Eve. That means that your risk of getting arrested for Los Angeles DUI is at its apogee.

More people get arrested for DUI on New Year’s than on any other day of the year. DUI injuries, fatalities, and other “bad stuff” also tend to spike over the holiday. The Los Angeles Police Department is well aware of the enhanced revere-induced risk, so expect lots of patrols and DUI checkpoints in Burbank, Pasadena, Glendale, and beyond. After the holiday, we’ll blog on the statistics for the holiday weekend. But just understand that today is a dangerous day to drive — even more so than Memorial Day, Super Bowl Sunday, July 4th and St. Patty’s Day.

So be careful out there!

What can you do to reduce your risk of getting into a crash or getting arrested for DUI in Los Angeles? Here are three ideas:

1. Reduce your driving AND walking.

Say you live in Silver Lake. You have a choice between going to an awesome beachside party in Manhattan Beach or a rockin’ shindig in nearby Los Feliz. Choose the Los Feliz option! Do what you can to stay off the road. Also, avoid walking, if possible. Being a pedestrian puts you at risk of being hit by a DUI driver. If you walk while under the influence of alcohol or drugs, you’re at heightened risk of getting hurt or indirectly hurting others.

2. Create multiple “plan B’s.”

One of the problems with so many designated driving plans is that they usually only contain one “escape hatch.” For instance, say your friend Steve is the designated driver. But then Steve gets sick or bails on the party. Now, you have no designated driver, so you’ll be tempted to do something dumb in the moment.

Plan ahead. Work out multiple escape hatches. For instance, keep the number of a cab company in your back pocket AND find a designated driver. If your first plan B fails, you’ve got a back up plan B to leverage instantly.

3. If you do get arrested, get in touch quickly with an experienced Los Angeles DUI attorney.

The Kraut Criminal & DUI Lawyers offers exemplary, effective, and professional representation for Los Angeles DUI criminal defendants. Attorney Kraut is a former prosecutor who spent 14 plus years on the other side of criminal cases… before switching over to represent defendants like you. He knows exactly how to negotiate with and talk to prosecutors to get excellent results for his clients. Get in touch today for a free consultation.

December 31, 2012

Glendale DUI Madness: Yet Another School Bus Driver Arrested for Driving While Intoxicated

by Michael Kraut

Your Glendale DUI charge is serious, and you may feel deeply ashamed and regretful for what’s happened.

But at least (hopefully) you weren’t driving a school bus while DUI, like 67-year-old Ethel Quade Ressler allegedly did.

Local authorities say that the St. Mary’s County bus driver was driving recklessly with 12 kids already loaded onboard. Officers called to the scene noticed alcohol on Ms. Ressler’s breath – a classic symptom of driving under the influence in Glendale or elsewhere. They then put her through the paces of a field sobriety test, which she failed. After the arrest, Ressler tried to hurt herself, so authorities took her to the hospital.

The woman had been driving school buses for 47 years for her school district – nearly five decades! – and had never gotten a DUI or failed a drug test.

Obviously, we can’t discern the deeper details of her case from simple news blurbs. However, the story certainly implies that there might have been something deeper going on in her life that led her to make a mistake and get arrested for DUI.

We live in a society in which we like to catalog and punish “bad guys” and reward “good guys.” But this woman spent nearly five decades of her life in service to the school district, during which time, she apparently carefully shuttled children to and from their homes and school. Prior to the DUI arrest, she was probably considered “one of the good guys.”

A single mistake can cause a kind of polar opposite shift in public opinion.

After all, we certainly don’t want school bus drivers toodling around Glendale DUI. Yet DUI defendants deserve empathy and support as well. That’s one of the reasons why the team here at the Kraut Criminal & DUI Lawyers is so passionate about providing good service.

Whether this is your first arrest or fifth, you likely need diverse and empathetic assistance with what’s been going on in your life. Attorney Kraut is an ex-prosecutor for the city, and he brings to bear an intelligent and compassionate perspective. He also has a reputation for being extremely aggressive and smart about building and executing Glendale DUI defenses.

December 25, 2012

Long Beach DUI Debacle: Wrongfully Accused DUI Defendants File Class Action against Utah Trooper, Lisa Steed

by Michael Kraut

In a recent piece we did on this Long Beach DUI blog several months ago, we discussed the peculiar case of Utah Highway Patrol trooper, Lisa Steed, who was fired in November for unfairly arresting innocent people on charges of driving under the influence.

Steed had actually been named a Utah Highway Patrol “trooper of the year” – owing in part to her big arrest numbers. Documents filed with Utah’s Third District Judicial Court suggest that she might have wrongfully charged and arrested literally HUNDREDS of people over the years.

Some of these people pled guilty in court because they could not afford to pay for a DUI defense. The class action against Steed argues that State of Utah owes these DUI defendants substantial damages: they lost property and jobs and suffered untold toil. For instance, one of Steed’s victims, Thomas Romero, said he got pulled over because he had a burned out taillight. Steed suspected he was DUI, but a blood alcohol test revealed that he had a 0.00% BAC.

That’s right: 0.00% BAC. Nada.

Nevertheless, Romero lost his truck to the impound lot. He told reporters “that night when I got pulled over, lost my truck, lost everything I have, my motor home, everything. That hurts.”

Another supposed victim of Steed’s zealousness, Julie Tapia, recounted her horrific tale: “[Steed] never did give me a sobriety test on the spot, even though I asked for it, because I’m like, I haven’t done anything wrong unless I’m drunk on a hamburger, fries and a milkshake. I don’t even drink.”

Steed, meanwhile, has appealed with Utah’s State Personnel Office to try to regain her employment in the Police Department.

If you’ve recently been arrested for driving under the influence in Long Beach or elsewhere in the Southland, odds are the trooper who pulled you over did not flagrantly flout rules of conduct, like Steed allegedly did.

However, officer mistakes are less uncommon than you may realize!

For instance, as we have talked numerous times on this Long Beach DUI blog, breathalyzer tests are notoriously troubled. Diabetics, for instance, release chemical compounds on their breath called ketones, which can adversely affect BAC reading. In other words, you can have consumed zero alcohol and still score a positive on a breath test because of those ketones. Likewise, if you are on certain special diets, you can register a false positive.

Other factors that can throw off your Long Beach DUI breathalyzer test results include: your gender, whether you’re on any medications, whether you have certain medical conditions, the depth into which you blow into the machine (super deep breaths can cause an exaggeratedly positive BAC reading), and much more.

Given that the difference between a dismissal of your charge and a conviction according to California Vehicle Code Section 23152 can hang in the balance, you likely can benefit hugely from a creditable, thorough Long Beach DUI Criminal Defense. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers and his team would be happy to provide a free and confidential case evaluation to help you strategize and make sound decisions regarding your legal future.

December 23, 2012

Los Angeles DUI Vehicular Manslaughter News: Cowboys’ Brent Arrested after Teammate and Friend Killed in Crash

by Michael Kraut

Los Angeles DUI with vehicular manslaughter is a terrible crime. If you’re convicted of such charges, you could potentially spend the rest of your life behind bars. Consider, for instance, some horrific news that shook up the NFL. Josh Brent, a defensive tackle for the Dallas Cowboys, flipped his vehicle on a state highway outside of Dallas, while allegedly DUI. His passenger and fellow teammate Jerry Brown, Jr., died in the crash.

Here are the details:

The police say that the 24-year-old Brent hit a curb, which caused his car to flip at least once before settling on a service road. Brent only suffered minor scrapes, but Brown was unresponsive at the scene and ultimately was pronounced dead at a local hospital. Local police put Brent through the paces of a Field Sobriety Test and arrested him for driving while intoxicated.

Brent remained in jail over the weekend, as his DWI charge got upgraded to intoxication manslaughter. In Texas, that’s charged as a second degree felony, and it can be punished by up to two decades behind bars on top of a fine of $10,000. The 25-year-old Brown was a linebacker who had only played one NFL game with the Colts prior to being traded to Cowboys.

Brent released a statement the day after the crash and arrest, through his agent: “I am devastated and filled with grief…filled with grief for the loss of my close friend and teammate, Jerry Brown. I am also grief-stricken for his family, friends and all who were ever blessed to know him.”

It’s difficult to even know how begin to respond when an event like this occurs.

A fatal crash raises so many questions and opens up so many tragic lines of thinking.

If you or someone you care about was hurt (or hurt other people) while DUI in Los Angeles, you really need to think about the legal implications and begin to approach your situation strategically.

The team here at the Kraut Criminal & DUI Lawyers in Los Angeles has the wherewithal, savvy and track record to come up with and deliver powerful legal assistance. Yes, tragedy can be difficult to manage, and there is no such thing as a magic button or “turn back the clock machine.” But Attorney Kraut and his team can provide you with powerful help. Get in touch with them today for more help.

December 19, 2012

A Pair of Los Angeles DUI Charges for Michael Madsen: “Kill Bill” Actor Busted in Pontiac GTO on the PCH in Malibu

by Michael Kraut

54-year-old actor, Michael Madsen, was arrested recently for driving under the influence in Los Angeles – out in Malibu on the PCH. According to news reports, police officers pulled him over after they saw his fire red Pontiac GTO swerving erratically.

Madsen allegedly failed his Los Angeles DUI field sobriety tests and blew a BAC level of 0.21%. As regular readers of this blog know, the legal limit, per California Vehicle Code Section 23152 (b), is 0.08%. That means he was more than 2.5 times over, if the breathalyzer was correct!

Madsen’s Los Angeles DUI defense attorney, meanwhile, told reporters that Madsen “believes that the breathalyzer test was flawed.” According to TMZ, the Kill Bill and Reservoir Dogs’ actor needed to go to the hospital instead of to jail due to a medical problem. Madsen had to make a $15,000 bail. He currently faces two DUI counts. If convicted of both, he faces maximum penalties of two years behind bars, even though this is his first offense.

Madsen’s legal plight illustrates an important truism about Los Angeles DUI defense: Even if you have never done anything bad in your life, prosecutors can still “throw the book at you,” even if you didn’t hurt anyone or do severe damage.

Of course, if you DID hurt someone, prosecutors can “level up” the charges against you and hit you with counts pursuant to California Vehicle Code Section 23153 (a) and 23153 (b) – the so-called injury DUI laws. What would ordinarily be a misdemeanor might be reclassified as a felony, for instance.

Likewise, if you caused serious property damage, resisted arrest, or engaged in multiple criminal acts simultaneously (such as assaulting a police officer, leaving the scene of an accident, etc.), your legal situation could become more complex, and the potential penalties could be far more dire.

This isn’t to say that you will be seriously punished — or even that you’ll need to plead guilty to the charges against you. A smart, strategic investigation of your Los Angeles DUI charges can lead to surprising and convincing defenses. For instance, in Madsen’s case, perhaps the breathalyzer test indeed WAS flawed. For instance, maybe he was suffering from diabetes or on a special low-carb or low-calorie diet, in which case the ketones on his breath might have artificially escalated his BAC readings.

In any case, the team here at the Kraut Criminal & DUI Lawyers in Los Angeles has the capability, experience, and wherewithal to help you construct an articulate, effective defense. Get in touch with Attorney Kraut and his empathetic, experienced team today for a free consultation.

December 17, 2012

Why Do You Keep Getting Arrested for Burbank DUI, Again and Again?

by Michael Kraut

If you were recently arrested for driving under the influence in Burbank – yet again – you’re understandably terrified about what prosecutors might do to you this time. For instance, will they slap you with a felony count per California Vehicle Code section 23153?

You’re right to be concerned.

One might dismiss a single Burbank DUI as a product of bad luck, quirky circumstances, or a single lapse of judgment. However, if you get arrested multiple times, you may want to take a look in the mirror. Why do you keep getting into these situations, and what needs to change?

Obviously, you want to deal with the “legal stuff” in an effective, appropriate manner, as rapidly as possible. However, you also want to pay attention to your recurring patterns. These may be subtle to detect but may ultimately prove vital to solving your longer term issues.

It is often very difficult for us to instantly apprehend our own patterns, since we “live inside” them. Other people can look at us and judge: tell us to take certain actions or avoid certain behaviors. But as the saying goes, “it’s easy for you to say.” Outsiders can make these analyses simply, since they don’t have to live the consequences of said judgments, nor are they emotionally invested in your outcome one way or the other.

Here’s one way to start to understand your Burbank DUI recidivism — to learn the lessons from what’s happened to you, and to translate those lessons into better outcomes.

The first step is to understand WHY you got into your bad situation in the first place. Your intuitive answer may not be “deep” enough to give you this insight. For instance, say you had been partying in Burbank Center late at night, playing pool. You got behind the wheel without appreciating how under the influence you actually were, and then police busted you at a Burbank DUI checkpoint. You might initially think you got in trouble “because I was too lazy to get a ride home.”

Not deep enough! You must probe deeper. Ask yourself WHY.

WHY were you too lazy to get a ride home? Your answer then might be “because I don’t really know anyone in the city who I could trust to take me home and not judge me.” Then probe even deeper – WHY don’t you know anybody? And so forth.

This iterative exercise – asking why, over and over, to get deeper and deeper – inevitably gets you into deeper psychological “stuff.” This “stuff” might be underpinning not only why you made a poor driving decision but also why you might be feeling helpless or unhappy in various aspects of your life. Once you figure out that core reason — that deeper WHY — then you can take steps to address the constraint making your life miserable in many diverse was. Perhaps you just feel really lonely: you need a partner or even a close friend. We all have needs for companionship. Perhaps when you find a partner or a close friend, you’ll have a designated driver the next time. You’ll ALSO no longer feel as sad or helpless, and thus you will intuitively avoid dangerous/reckless situations in the future.

All that said, you have practical legal considerations that need to be addressed ASAP. Recidivism DUI in Burbank can lead to felony counts, long jail sentences, massive license suspensions, and more. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Burbank can help you understand your legal options and make powerful defensive progress. Connect with attorney Kraut and his team today for a free, honest, and thorough evaluation of your case.