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Devin Ebanks, a reserve forward for the L.A. Lakers, got busted for Hollywood DUI last week, according to CHP records. ebanks-dui-in-hollywood.jpg

The 23-year-old was stopped at Hollywood Boulevard and El Centro Avenue at around 2:30 in the morning, after an officer saw him commit a traffic violation. Ebanks was later released on $5,000 bail. Apparently, he had just been chilling out at a Roxbury night club to celebrate a woman’s birthday. (He told his followers on Twitter to join him at the club.)

Notwithstanding the arrest, Ebanks managed to play for the Lakers against the Golden State Warriors the very next day; he’s on contract with them for $1.4 million — an agreement he made back in August. Ebanks has only averaged an anemic 2.5 points in 2012, however, and he is still reeling from accusations that he sexually assaulted a woman in 2011.

DUI in Hollywood Defenses

How should someone like Ebanks build and follow through on a Los Angeles DUI defense? You need to take a look at the charges in context. For instance:

• Does the defendant have any prior criminal convictions, especially for past DUIs?

The more DUI convictions you rack up, the more ‘legal ammunition’ prosecutors have to throw at you. For instance, if you get convicted for two+ Hollywood DUIs within 10 years, prosecutors can try to transform a misdemeanor DUI charge into a felony charge;
• What happened during and after the stop/accident/arrest?

Were you stopped and booked at a checkpoint? Did you get into an accident before getting arrested? Did police put you through a field sobriety test and arrest you after seeing you exhibit symptoms of Hollywood DUI? How were the DUI tests calibrated and conducted? Were there police errors? Were there any factors that could have thrown off your breathalyzer reading?

• Did complicating or quirky factors play a role?

For instance, did someone else crash into your car or cause the accident somehow? Did your vehicle malfunction and cause you to swerve off the road, thus prompting the police attention that led to your Hollywood DUI arrest?

An efficient, smart DUI defense strategy

Hollywood DUI criminal defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers, and his team are standing by to help you understand your challenges and construct an intelligent response. Get in touch with Attorney Kraut today for a free consultation.

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Southern California DUI events are dangerous, in and of themselves.dui-with_pipe_bomb.jpg

If you drive under the influence of drugs, alcohol, or even prescription medications, your ability to react to unexpected conditions on the road, emergency signals, strange weather conditions, etc can be horrifically impaired.

Usually, the DUI driving is the most scary ‘part’ of any DUI stop. However, that’s not always the case! Consider a seemingly routine DUI stop up in San Jose that got totally out of control, when local police discovered that the driver had a bomb in his van.

According to news reports, the San Jose Police Department stopped a 1998 Ford Windstar van near the 101 and First Street at around 8:45 p.m. last Wednesday. Police became suspicious while chatting with the driver; and they searched the van. They discovered significant evidence to bust 35-year-old James Magill and hit him with narcotics charges and a DUI.

They also discovered a live pipe bomb!

A SWAT team was summoned to the scene, and police shut down streets around the area. The SWAT team prepped for hours before detonating the pipe bomb in a controlled explosion. Local residents felt and heard the blast. One person living nearby said he felt his entire apartment shake from the controlled detonation. No damage or injuries resulted, fortunately, and the ‘uncooperative’ Magill got booked on a number of charges, including DUI and possession of a destructive device. He was held without bail at County jail.

An investigation into the situation is ongoing.

Hopefully, your Southern California DUI was less scary. The vast, vast majority of people who are arrested for driving under the influence intend no harm. They either misjudge their own ability to metabolize alcohol or make other poor judgment calls.

To manage the aftermath of your DUI arrest effectively, you likely need substantial help from an experienced Los Angeles DUI criminal defense attorney.

The Kraut Criminal & DUI Lawyers’s Michael Kraut has a wealth of resources, experience, and connections to inform you and help you fight back against the charges. The best defenses involve both a deep and realistic appreciation of exactly how much trouble you are in as well as a success focused vision of an ideal conclusion to your case. Attorney Kraut is an ex prosecutor with a Harvard Law School background. He has the common sense, intuition, and experience to help you maximize your likelihood of prevailing.

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When the police officer arrested you for driving under the influence in Burbank, you were perplexed – shocked, even. Perhaps you hadn’t been drinking that much. Perhaps you hadn’t been drinking at all! But the police officer said that you failed your field sobriety tests and/or that you registered positive for Burbank DUI per a breathalyzer test (BAC greater than 0.08%, as defined by California Vehicle Code Section 23152(b)).dui_mistake-police-officer.jpg

Despite the seemingly incontrovertible evidence to the contrary, you maintain your innocence – or at least you believe that the arrest and/or the charges you face are not quite fair.

They may be, or they may not be. Only a thorough inspection of the evidence can determine the truth, either way. However, if you suspect that the arresting officer mistreated you or misbehaved in some fashion, you may not be delusional. Consider, for instance, some amazing – frankly, terrifying – news out of the state of Utah. A Utah Highway Patrol Trooper, Lisa Steed, is on the verge of being fired, after two separate judges found that she lied on the witness stand when testifying about drug possession and DUI cases.

According to the Salt Lake Tribune, Steed’s trustworthiness has been under fire since April, when a Third District Judge concluded that she suppressed evidence and lied during a case. Another judge, in the Second District, also said that she suppressed evidence, prompting the prosecutor in that county to abandon prosecuting any DUI cases in which Steed had been a substantial witness.

The Salt Lake Tribune also reported on a memo from back in 2010, which found that Steed had provided conflicting info regarding lab results and arrest reports.

That memo also insinuated that Steed arrested four drivers with no drugs or alcohol in their system!

The story serves as a red flag: bad police behavior like this can happen in any city, under any circumstances. This obviously isn’t to say that the officers who arrested you acted inappropriately. That’s possible, but it’s not necessarily likely.

The bigger takeaway lesson is that Burbank DUI defendants can benefit from having a thorough, effective advocate examine evidence from multiple angles and probe to see whether an idiosyncratic factor – such as police incompetence or deliberate suppression of evidence – may have played a role.

Attorney Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers has spent years fighting Southern California DUI cases from both the prosecutorial and the defense side. His diverse background allows him to develop and execute powerful and highly effective defenses for his clients.

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If you or a loved one or colleague recently got arrested for driving under the influence in Glendale, your situation is obviously intense, scary, and overwhelming. Unfortunately – as we’ve catalogued numerous times in this blog over the past several months – DUI suspects often engage in tremendously dangerous and dumb behavior during and after the arrest sequence that redounds to cripple their legal defensive options.knee-officer-in-groin-glendale-dui.jpg

Ideally, your Glendale DUI arrest was significantly less drama filled than the arrest of 37-year-old Andrea Weber, a British woman arrested in the town of Beatrice on Highway 136 last Wednesday evening. According to The Daily Mail, a paper in the UK, Weber got busted for a variety of charges, such as felony child abuse, flight to avoid arrest, assault, and the UK equivalent of driving under the influence. (In England, they obviously have different DUI laws, but these in many ways run parallel to the standards for Glendale DUI, as defined by California Vehicle Code Section 23152(a) and 23152(b) – or, if you injure someone, the “upgraded” felony CVC laws – 23153(a) and 23153(b).)

The Daily Mail reports that police saw Weber driving on Highway 136; they followed her car as she zipped down a one way street. The police pursued and eventually got her to pull over in a middle school parking lot. The police found two kids in her back seat. As the police chatted with the children, Weber tried to get back into her car. When a officer tried to stop her, she kneed him in the groin. Unsurprisingly, she was then restrained and arrested and hit with a bevy of charges, some of which we described above.

The moral for you, if you’ve been charged with a Glendale DUI
As embarrassing as your arrest might have been, what’s past is past. You cannot undo the damage you’ve done to property, people, and your reputation. However, you don’t have to let the past be a prison, either. Everyone makes mistakes. Your ability to rebound from your bad decision making might even surprise you. In fact, many famous figures in both American and British history have rebounded from incidents like Glendale DUI to become powerful leaders, humanitarians, etc.

You can almost view this as a learning experience – hopefully one that won’t cost you too extravagantly and won’t lead to massive jail time – and hopefully one that did not involve serious injuries to anyone or loss of life.

Glendale DUI defense attorney Michael Kraut of the Kraut Criminal & DUI Lawyers and his team are standing by to help you unpack your potential legal defense options and help you systematically defend against the charges. Attorney Kraut is a Harvard Law School educated ex-prosecutor. He’s a highly respected “maven” of Los Angeles DUI law, who is often called upon by the Los Angeles Times, KTLA News and New York Times to weigh in on important local DUI cases.

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Whether you got arrested for driving under the influence in Burbank on “All Hollow’s Eve” or not, odds are that the experience was spooky and disorienting, and not in a good way. zombie-dui-in-los-angeles.jpg

DUI stories have a way of becoming surreal and macabre – both for DUI suspects and for victims of the crash and investigators. Burbank DUI bloggers and national “News of the Weird” scouts from places like Huffington Post were riveted last week by a strange Halloween DUI story out of Birmingham Alabama.

Allegedly, a woman dressed as a pregnant-zombie-who-had-been-shot-in-the-head was found passed out in her car the morning after Halloween. Initially, passersby thought that she had actually been shot in the head. These people called the police, who found that the woman was just wearing a Halloween costume. The costume itself was amateurish, but when the frightened passersby saw it in context, it certainly looked gory and real. Plus, they found her on the morning after Halloween, not on Halloween itself. As one Birmingham police officer said, “you can see why someone thought she had been shot.”

Local officers woke the woman up, looked through her vehicle, and then arrested her on charges of DUI.

Obviously, getting a charge like driving under the influence in Burbank is not pleasant. But it’s certainly better than getting shot in the head and left to die in your car.

Nevertheless, you face a superabundance of challenges and questions that you will need to address in the days and weeks ahead. For instance, will your license get suspended? Will you have to spend significant time in jail? What should you be doing right now to prepare for your legal battle? Have you written down your own account of what happened – including quotes from officers or from any witnesses? Did you make any statements to authorities or to anyone investigating the case that could compromise your case or cause you potential legal problems?

Have you found and retained a Burbank DUI criminal defense attorney yet?

These and other questions are probably whirling around your head, even as you try to process what happened to you. It can be difficult to prioritize and strategize, since you’re not an expert in Burbank DUI law, and you’re also almost certainly dealing with emotional “blowback” from the arrest as well as “day-to-day” life concern re: your job, family, and relationship obligations.

The practiced and efficient team at Burbank’s Kraut Criminal & DUI Lawyers can assist you in developing a proper defense and making good sense of your options. Attorney Kraut is a highly respected, knowledgeable, and successful criminal defense lawyer who has the compassion and relationships to provide you excellent service.

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We’ve said it before on our Pasadena DUI defense blog, and we will say it again: many DUI defendants dig themselves a very deep hole, legally speaking, even after they’ve been stopped and interrogated by police.

Driving under the influence in Pasadena, in and of itself, can indeed lead to tremendous penalties. Even a misdemeanor conviction pursuant to California Vehicle Code Section 23152(a) or 23152(b) can set you up for punishments ranging from big fines and fees to insurance rate spikes to jail time. However, when you make additional “bad decisions” after your stop, such as fleeing from the scene, committing hit and run, or driving the wrong way down a one way street to escape a checkpoint or detection by police, you may make your defense massively more complicated.

Consider, for instance, the case of an underage driver pulled over on October 10th for DUI in Wilkinsburg, Pennsylvania… after clocking nearly 110 miles per hour on a street with a 35 miles per hour speed limit!

The underage driver had been zooming along Penn Avenue in her Audi at 109 miles per hour (as clocked by local law enforcement) before pivoting on to Pennwood Avenue, Hay Street and Walls Avenue. She then gunned it the wrong way down on one way street before police finally caught up. The driver now faces a litany of seven charges, including DUI as a minor (first offense), driving without a license, exceeding the speed limit by 80 miles per hour (!!), reckless driving, providing false ID to law enforcement, and driving under the influence with general impairment.

The driver initially gave the police a false name, then she recanted and agreed to participate in field sobriety tests, which she allegedly failed. She also blew a breathalyzer test twice, which showed that she had a BAC of 0.13% and 0.14%, respectively. The legal limit for Pasadena DUI, as you probably know if you’re a long time reader, is just 0.08%. So this woman tested at nearly double that amount.

One bad decision spiraling into many bad decisions – a common story in Pasadena DUI cases

Many defendants wind up “kicking themselves” the days and weeks after their arrest because they obviously “should have known better.”

In reality, you may have only made one really bad decision – i.e. to get behind the wheel while not quite sober. But prosecutors may ultimately hit you with multiple charges, each of which can carry heavy punishments, like jail sentences and costly fines.

To respond effectively, you need both a practical and deep theoretical understanding of relevant case law. Attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers has helped many people in similar situations to yours come up with powerful, solid, and inventive legal defenses. As a former prosecutor, Attorney Kraut understands how prosecutors like to approach cases like yours, and he can craft and pivot your defense accordingly.

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What should be done to prevent school bus drivers from driving under the influence of alcohol in Los Angeles, New York, and other big cities? Where do we draw the line between the need to respect the freedom of individuals and the need to protect kids from reckless, careless DUI driving?

New York legislators and policy makers are mulling over these and other similar questions this week, in the wake of new legislation proposed by New York state Senator Charles Fuschillo and Nassau County DA Kathleen Rice, that would require school bus drivers to blow into breathalyzer devices before being able to drive kids around.

If this New York law passes, it would be the first of its kind in the country; and it might set a president for how lawmakers here in California try to stamp out the problem of driving under the influence in Los Angeles.

Why Are Lawmakers So “Ginned Up” to Stop DUI Bus Driving?

The answer is pretty simple: a spate of DUI bus driving incidents over the past month have alarmed parents, lawmakers, and the general populace.

Here are three:

1. On October 3rd, Frederick Flowers, a 66-year old bus driver, crashed into a house while carrying five kids in his school bus.

Police believe that Flowers passed out behind the wheel prior to the crash. The kids, who ranged in age from 5 years old to 8 years old, miraculously survived without injury.

2. Less than two weeks later, 40-year old Robert Stundis got stopped and arrested for driving a school bus under the influence.

He tested to have a blood alcohol concentration of 0.23%. That’s nearly 3 times the maximum allowable BAC level of 0.08%, according to Southern California DUI law. Police found a half empty bottle of vodka on his school bus and charged Stundis with endangering the welfare of children, DWI while driving a school bus, and DWI with child passengers.

3. Lastly, on October 22nd, 47-year old James Sommer, crashed into a tree while trying to park his school bus.

Authorities later arrested him under suspicion of DWI; one girl, 12-year old, had to go to the hospital with minor injuries.

Obviously, this rash of bus driver DUI arrests is viscerally distributing. But would it be helpful to compel school buses to install interlock ignition devices? How could we measure the results of such an initiative? And would any increase in safety persist for years or decades? Would legislation be worth the expense and legal battle?

These questions are certainly intriguing, but if you’re struggling with a DUI charge yourself, you are probably less interested in how to change the world (or fix society’s larger problems) than you are in avoiding jail time, minimizing your punishments, and figuring out how to rebuild your life and reputation after your arrest.

To that end, talk to Mr. Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers about your legal needs. Attorney Kraut is an ex-prosecutor who spent 14 plus years “on the other side” trying to put defendants for DUI crimes behind bars. Now, as a defense attorney, he uses his knowledge of the mindset of prosecutors – and the relationships he has cultivated over the years – to deliver excellent service for his clients.

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After recently getting arrested for driving under the influence in Glendale – and possibly for other charges on top of that – you face a scary and, quite frankly, fraught legal future. taamu_dui-glendale.jpg

But the world is unfair.

Sometimes, people can commit truly egregious actions and receive little to no penalties. Consider, for instance, the Pittsburgh Steelers’ Alameda Ta’amu, who was arrested early Sunday morning (i.e. Saturday night) for 15 separate criminal charges, including DUI, aggravated assault, misdemeanor accident causing damage, resisting arrest, felony fleeing police, and other assorted “bad stuff.”

A sports writer for the Pittsburgh Tribune-Review suggested that the Steelers should have cut Ta’amu for the DUI incident. But the management decided just simply to dock his pay for two games. Mike Tomlan, the Steelers’ coach, told a local radio station “we deem his actions as a detrimental effort and we are treating it as such… the other ramifications and so forth of the situation, I am not at liberty to discuss at this time, but we thought it was very important that we act quickly in terms of addressing this and we can focus our efforts on the men that are planning and getting ready to meet this week’s challenge… Obviously, it’s a disturbing incident, one that we take seriously as members of this community.”

How does this all relates back to your Glendale DUI charge?

If you committed far fewer violations than Ta’amu allegedly committed, you can nevertheless wind up with a variety of unpleasant punishments, not limited to a long time behind bars; huge fees and fines; a tremendous spike in the amount of money you pay for car insurance, if you can still get a car insurance; a suspension of your driver’s license; intense probation; and damage to your reputation at work and your social life that may take months or even years to rebuild.

Your Glendale DUI situation may seem unfair – and you may feel a range of emotions including but not limited to depression, overwhelm, frustration, fury, and helplessness. The key to moving forward in your life is to start to understand what options might be available to you.

To that end, you may benefit a lot by getting in touch with attorney Michael Kraut of Glendale’s Kraut Criminal & DUI Lawyers. As a Harvard Law School educated ex-prosecutor of Glendale DUI crimes, Mr. Kraut understands on a firsthand basis how prosecutors will likely treat your case, and he can develop a DUI defense that’s most appropriate and that has the best chances of getting the best results.

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As someone who recently failed a breathalyzer test for driving under the influence in Beverly Hills, you are probably feeling ashamed, humiliated, and terrified about the potential legal consequences. beverly-hills-dui-breath-test-fail.jpg

Even if you didn’t cause any damage or hurt anyone – and thus you cannot be subjected to punishments per California Vehicle Code section 23153(a) or 23153(b) – you no doubt fear going to jail, having your license stripped, and paying potentially thousands of dollars in fines and fees (and that’s the tip of the iceberg).

On the other hand, you may be prematurely judging yourself as “guilty.”

In fact, a surprising amount of research suggests that many breathalyzer tests for Beverly Hills DUI and DUI elsewhere, can be flawed and potentially extremely misleading. A variety of factors can lead to false positives. For instance, if you are diabetic, you may wind up in a pathological metabolic state known as ketoacidosis, in which you produce compound known as ketones; these can cause a “positive” to register on a Beverly Hills DUI breath test.

A similar “skewing towards the DUI positive” can happen if you’re on a restricted carbohydrate diet. Low carb dieters often enter a metabolic state known as ketosis, during which they produce similar compounds to the compounds that diabetics produce when they are in ketoacidosis. In fact, one of the big (and misguided) criticisms of low carb diets has to do with confusion over healthy ketosis and unhealthy ketoacidosis. These are actually two very different metabolic states.

Getting back to the point… many different things can throw off a breathalyzer reading, including what you have recently eaten, how the officer calibrated the machine, how deeply you blow into the machine, and so forth.

Sometimes people do really weird things that can ALSO influence BAC readings.

Consider, for instance, a crazy story reported out of Middletown, Connecticut, where a local woman nearly crashed her car on October 5th after losing control. Local police put her through the paces of a field sobriety test and also gave her a blood alcohol test. They found that she had a BAC of 0.17% — which, as regular readers of our Beverly Hills DUI lawyer blog know, is over twice the legal limit for DUI here in Southern California, per CVC 23152(b).

What’s interesting about this woman is that she drank half a bottle of hand sanitizer before getting behind the wheel.

You read that right: half a bottle of hand sanitizer. Yikes!

According to reports, the amount of alcohol she consumed was equal to 32 shots of vodka. No wonder she had a BAC of 0.17%! One wonders whether the woman suffered from a condition known as Pica, which is a disorder characterized by a craving to eat nonfood items, such as sand, dirt, plastic, metal, and all sorts of other crazy stuff.

In any event, if you need help dealing with your Beverly Hills DUI case, get in touch with attorney Michael Kraut today to set up a free and thorough case consultation.

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Even if you’ve been arrested for driving under the influence in Burbank, and you’re not a sports fan, you likely are familiar with the Chicago Bears’ legendary old coach Mike Ditka – if not for his football legacy then at least for his appearance in snarky TV ads (or maybe his football-related wine label). mark-ditka-dui-burbank.jpg

But Ditka’s brand has been challenged by the strange behavior of his sons, Mark and Michael.

Michael has been arrested multiple times for driving under the influence –including a stop in April 2011 that we discussed at length here on our Burbank DUI blog. Curiously, in the 2011 case, Michael lashed out that he had been stopped because if his family name.

His brother, Mark, meanwhile, has also been in the headlines for DUI arrests multiple times – in fact, last Sunday he scored his fourth DUI arrest in Deerfield, a suburb of Chicago. According to local news reports, police saw him driving erratically and pulled him over. They found Hydrocodone pills in his car (a prescription opiate – which Mark apparently had no prescription slip for). Plus, Mark lacked insurance and had been driving on a suspended license. When he refused to take a blood or breathalyzer test, he was arrested and held on a $25,000 bond.

Ditka was arrested last year around the same time, according to the Chicago Tribune, for driving with a BAC of around twice the legal limit. In Burbank, that limit is 0.08% BAC, as defined by California Vehicle Code Section 23153. That case was tossed because Ditka’s chewing tobacco likely skewed the results of his breathalyzer test. In his other two DUI arrests, he managed to get the charges lowered.

But Ditka’s situation illustrates both dangers and opportunities for people who have been arrested multiple times for driving under the influence in Burbank.

On the one hand, with a properly positioned and executed defense, you can do things like effectively challenge a breath test reading. After all, as we’ve discussed dozens of times here on this blog, breathalyzer tests can be compromised due to innumerable factors, including the presence of chewing tobacco; whether you are a diabetic or not (ketones produced by ketoacidosis on the breath can artificially inflate your BAC rating); and diverse other factors.

On the other hand, if you get arrested and convicted for multiple DUIs in Burbank or elsewhere, prosecutors can enjoy more and more different kinds of legal leverage against you.

For instance, if you are arrested and convicted for three DUIs within a 10-year period, prosecutors can try to convict you of a felony for what would ordinarily be a misdemeanor offense. Likewise, as you get more and more DUI convictions, you will face an escalation in penalties, such as the amount of money you have to pay in fines and fees, the length of your jail sentence, the extent and severity of your probation, the amount of time you have to spend in alcohol education classes, the duration of your California license suspension, and much more.

To respond aggressively and effectively to the difficult charges against you, look to the Burbank DUI criminal defense team at the Kraut Criminal & DUI Lawyers to equip you with a sound legal defense. Attorney Kraut is a highly respected and highly motivated ex-prosecutor who uses his Harvard Law School education and deep connections with the Los Angeles DUI community to get excellent results for his clients.

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