Los Angeles DUI Attorney Blog

September 17, 2012

Say It Ain’t So Sally! “All In The Family” Star Busted in Maine – Los Angeles DUI Media Reacts

If you’ve recently been pulled over for driving under the influence in Los Angeles (e.g. in or around the USC or UCLA campuses), you’ve got some pretty famous company.

According to Fox News and the Huffington Post, 65-year-old actress, Sally Struthers — best known for playing Archie Bunker’s daughter in the 1970s sitcom All In The Family — was arrested on Route 1 in Ogunquit Maine on September 12th for driving under the influence.

Here in California, Sally would have likely been charged under California Vehicle Code Sections 23152(a) or 23152(b) for Los Angeles DUI. But in Maine the laws are slightly different. She was hit with something called “OUI” — operating under the influence — a special kind of law that’s used in primarily in East Coast States (e.g. Rhode Island, Massachusetts, Maine, etc) and makes it illegal for you to even sit, parked, while under the influence, if the motor is running.

Struthers had been in the Portland area performing in a local production of “9 to 5” as Roz. The two-time Emmy Award winner is also famous for her work advocating for the Christian Children’s Fund (Child Fund), a charity that helps poor children in Africa and other developing nations. Struthers has denied the OUI, according to her publicist, and she had no problem making her $160 bail. She has a December court date, so stay tuned to the news to learn more about what happens to the actress.

Are there any practical lessons that Struthers’ arrest might have for you, if you or someone you love currently faces Southern California DUI charges, either for a standard misdemeanor DUI or an injury DUI?

Perhaps.

First of all, the situation highlights how easy it is for literally anyone to become a “DUI driver.” Even if you’ve hewed close to law all of your life – never broken any rules – a single bad decision or unlucky night or tough break can lead to jail time and a whole basket of other problems and challenges.

Being famous doesn’t protect you, either. And it can actually create additional stresses and problems, since celebrities must carefully manage their images.

Bad press can have career repercussions – that can cost an actress a job, a politician the chance at reelection, and an executive the “keys to the kingdom.”

Even if your charges are minor, and you are not particularly concerned about the publicity, you still need to worry about punishments like jail time, license suspension, mandatory alcohol classes (time consuming), fines and fees, hiked up insurance rates, and beyond.

Turn to the team here at the Kraut Criminal & DUI Lawyers in Los Angeles for powerful, effective legal guidance. Mr. Kraut is a former prosecutor – educated at Harvard Law School – and he can help you develop and move forward with a strong DUI with alcohol defense.

September 12, 2012

Beverly Hills DUI Cop Arrested for Driving Under the Influence… And Crashing into a House While Doing So!

by Michael Kraut

If you’ve recently been charged with a Beverly Hills DUI, you can take some solace from strange news out of Simi Valley. Last Tuesday, an off-duty police officer for the City of Beverly Hills got arrested for DUI after he smashed his pick-up into power pole and house.

The force of the crash was so intense that his vehicle flipped over and landed on a wall. 42-year-old officer Jeffrey Sweet smashed up his car at Blackstock and Royal Avenue in Simi Valley. He complained about pain to responding officers and got treated at a local hospital in Simi Valley. Fortunately, no one else suffered injuries.

Sweet also exhibited the classic symptoms associated with Beverly Hills DUI, allegedly, and he was booked into jail in Ventura County after he got cleared from the hospital. The truck severed a gas line, stimulating a local evacuation. Investigators think that the officer failed to see a curve on Blackstock Avenue. The BHPD helped the Simi Valley police deal with the situation.

If you’ve been arrested for driving under the influence in Beverly Hills, you can probably relate to Sweet’s frustrations and challenges ahead. It is indeed fortunate that no one got hurt in this crash – if you did hurt someone, even mildly, your charges could be escalated from a simple misdemeanor to a felony, pursuant to California Vehicle Code Sections 22153(a) or 22153(b).

Other factors that could complicate your legal situation include:

• Whether it’s your first time arrested for Beverly Hills DUI or whether you are a recidivist;
• Whether you’ve been arrested and convicted of other criminal charges unrelated to driving under the influence;
• How you behaved after you were stopped by police – that is, were you belligerent or did you try to flee the scene;
• Did you cooperate with officers and rescue workers?
• Just how ìunder the influenceî were you?
• How powerful is the evidence that you, indeed, violated the law?

For instance, just because you failed a breathalyzer test – or even a blood test – does not mean that the test effectively measured your degree of DUI. An experienced Beverly Hills DUI criminal defense lawyer, like the Harvard Law School educated Michael Kraut, 8484 Wilshire Boulevard Suite 660B Beverly Hills, CA 90211-3220 Phone: (310) 550-6935, can help you develop a powerful strategy to manage all of your charges and your legal journey ahead. Connect with attorney Kraut today to get experienced assistance.

September 10, 2012

Laguna Beach and Long Beach DUI News – Talan Torriero, Star of Laguna Beach Reality Show, Busted For DUI

by Michael Kraut

25-year-old Talan Torriero was arrested for driving under the influence in Laguna Beach last Wednesday morning. Police pulled him over around midnight, after they saw the reality show star take a left against signs that prohibited left turns. Per the Los Angeles Times, after the police stopped Torriero, they saw signs characteristic of a Long Beach DUI – presumably red, bloodshot eyes; slurred speech; sluggish answers to officer questions, etc.

Torriero was then subjected to DUI field sobriety tests – like the finger-to-nose test, the horizontal gaze nystagmus test, the walk the line test, count backwards by threes test, etc. Apparently, the actor did not exactly pass with flying colors, and he was booked on DUI charges.

Torriero, who works as an actor, is known for his high profile liaisons with Kimberly Stewart (daughter of rocker Rod Stewart) and Nicole Scherzinger of the Pussycat Dolls. His court date has been set for October 15th at Harbor Court in Newport Beach.

September 5, 2012

Serious Los Angeles DUI Drama – Was Conservative Costa Mesa Councilman’s DUI Stop a Set-Up?

by Michael Kraut

Some crazy news rippled through the Los Angeles DUI legal community last week. After Costa Mesa Councilman, Jim Righeimer, got pulled over on suspicion of DUI, some sleuths believe the stop was actually set up by his political opposition! The allegations concerned a 9-11 call placed by Chris Lanzillo, a PI who works for a law firm that represents, among other groups, the Costa Mesa Police Union.

Here are the key elements of this riveting story…
• Righeimer had been hanging out at Skosh Monahan, a tavern owned by a fellow councilman for Costa Mesa, Gary Monahan.
• A 9-11 call (placed by Lanzillo) said that he witnessed Righeimer stumbling out of the tavern after drinking too much and then swerving away in his car.
• Righeimer was ultimately pulled over and given a field sobriety test, which he passed.
• An investigation from the County Prosecutor’s Office exposed a lot of holes in the 9-11 caller’s story. For one, surveillance footage showed Righeimer leaving the pub, looking sober and surefooted. Furthermore, a white SUV was seen following Righeimer from the tavern to his house – certainly a creepy development.
• Lanzillo’s behavior has caused problems for his law firm, Lackie Dammeier & McGill – for one, the Costa Mesa Police Union severed ties with the big firm after the story broke.

Not every Los Angeles DUI situation is a “conspiracy” – but there may be far more to your case than meets the eye.

Odds are very high that your Los Angeles DUI arrest was not “set up” in any way. However, the techniques and methodology that police used to investigate your behavior may have been less than ideal.

For instance, your Los Angeles breathalyzer test results might have been compromised due to:

• Something you ate (especially if you are diabetic);
• Medications you’re taking;
• Calibration errors;
• Police procedural errors
• Simply bad timing.

As we have discussed at length before on this blog, the depth of the breath you blow into a breathalyzer can radically change your reading. So if you blew “extra deep” into the breathalyzer, you may have registered a number that tipped over the 0.08% threshold for Los Angeles DUI but ultimately should be considered a false positive.

To build a strategic and fair-minded defense, you might want to talk to a highly respected Los Angeles DUI criminal defense lawyer at the Kraut Criminal & DUI Lawyers. (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) Mr. Kraut is a Harvard Law School trained attorney with a deep and diverse background in DUI cases, and he can help you come up with and implement a strategic plan to help you move beyond your arrest.

September 3, 2012

O Lordy! Sad Long Beach DUI Arrest, as San Francisco’s New Archbishop Hit with Two Misdemeanor DUI Charges

by Michael Kraut

The archbishop-designate of San Francisco, Rev. Salvatore Cordileone, has officially been accused of driving under the influence, according to blogs that cover Long Beach DUI news and other media sources.

The 56-year-old was stopped late on the 25th of August at a checkpoint near San Diego State University. Allegedly, he failed his field sobriety test. A blood alcohol test clocked him at above the legal limit for Long Beach DUI of 0.08% BAC. After Rev. Cordileone’s arrest; his mother, who had been riding in the car, drove home, after she proved that she had not consumed alcohol and that she had a valid license.

After the DUI, Rev. Cordileone issued a public apology and expressed extreme regret for the “shame and disgrace” the arrest created for him and his family and church.

Rev. Cordileone is still scheduled to be installed as San Francisco’s metropolitan archbishop in October. For the past three years, he has served as the fourth Bishop of Oakland.

Lessons for You, if You’ve Recently Been Arrested for DUI in Long Beach

The archbishop-designate’s legal travails highlight a point that often gets lost in discussions of Long Beach DUI punishment and prevention: many who get arrested for misdemeanor DUI crimes have little to no criminal history. It may be tempting to reflexively blame the DUI defendant (or yourself, if you are the defendant) for some kind of moral failing. But so many elements beyond morality play into risk for DUI. For instance:

• Our body’s sensitivity to alcohol – you may not be cognizant of how you process alcohol; and, thus, you might engage in risky behaviors that you don’t realize are risky;
• Social pressures – if it’s “socially normal” in your group to drink a little at dinner and then drive, and you are someone who can’t process alcohol well, while your friends can – you might be pressured into engaging in risky practices;
• Momentary lapses of judgment or discernment – no one is perfect. We all have times when we cut the line or bend the rules;
• Unfair or poorly done police work – sometimes Long Beach DUI breathalyzer tests fail, for instance; and sometimes even the most respectful and savvy police officers make errors of judgment or misperceive what you’ve been doing.

For help dealing with your problems, connect with a Long Beach DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Mr. Michael Kraut is one of the most respected and well-known DUI criminal defense lawyers – in addition to attending Harvard Law School and serving as a former prosecutor, he has gotten great reviews from his past clients.

August 29, 2012

Pasadena DUI News – Apparently, Lawnmower DUIs are Back in Style

by Michael Kraut

Hopefully, your Pasadena DUI arrest and charges were slightly less embarrassing than James David Gray’s.

According to The Gainesville Sun, the Floridian was busted for a lawnmower DUI earlier this month, when police officers saw him piloting his rented mower down the wrong way of a Florida street. The deputy who stopped Gray said that the man had a cold beer in his cup holder. He also allegedly confessed to having consumed 18 beers — apparently, his first alcoholic beverages in two years.

Gray’s breathalyzer test results were not particularly auspicious, either. While in police custody, he blew a 0.147% and 0.138% BAC, respectively. As dutiful readers of our Pasadena DUI blog know, the legal limit for a DUI here in Southern California is just 0.08% — even lower under certain special circumstances (such as if you are underage, etc).

So in addition to all the inglorious punishments you can face, including prison time, points on your driver’s license, suspension of your CA license, restrictive probation terms, fines, fees, bumps on your auto insurance, mandatory alcohol classes, and other dubious punishment, you also face indirect problems. For instance, say you’re at school — at UCLA or USC — and your license gets suspended. How are you going to get to class? How are you going to work or job? If you can’t get do those things, then how can you even exist out here as a student, employee, etc?

The degree to which you can successfully defuse your Pasadena DUI situation is to the degree to which you can gain control over vast swaths of your life, work, and future.

To that end, you need to choose your Pasadena DUI criminal defense attorney carefully. One of the reasons why so many people trust Michael Kraut of the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is that he is a former prosecutor: he spent 14 plus years “on the other side,” putting DUI drivers behind bars. He has also won great respect and admiration not only from his criminal defense clients but also from his legal peers – judges, prosecutors, etc. – past and present. Connect with attorney Kraut right now for a free and confidential case consultation to figure out what you can do to get out of your mess.

August 27, 2012

Sherman Oaks DUI Arrest for Joe Simpson (Jessica Simpson’s Dad)

by Michael Kraut

Fifty four-year-old Joe Simpson, father of iconic singer and TV personality Jessica Simpson, was arrested for driving under the influence in Sherman Oaks earlier this month.

The LAPD tagged Joe around 10 P.M. when they saw him driving strangely on Ventura Boulevard. Officers noticed symptoms of Sherman Oaks DUI and decided to take him to the station. Criminal charges have yet to be filed against Simpson, and the 54-year-old does not have any offences on his record. So his prospects for dealing with the situation seem pretty good. After all, it’s not like he got into an injury DUI in Sherman Oaks – which can be prosecuted as a felony per California Vehicle Code Sections 23153(a) and 23153(b). And there were no other complicating factors, such as multiple priors, evading arrest, hit and run, etc.

Nevertheless, even if you get tagged for something as simple as a misdemeanor Sherman Oaks DUI at a routine DUI checkpoint or traffic stop, the consequences for your career, license, insurance rates, and even personal freedom could be drastic.

For instance:

• You could wind up spending a not insignificant amount of time behind bars;
• You could get your California license suspended;
• Once a conviction is on your record, any crimes you may commit in future can be punished much more harshly.

So Simpson is likely not sweating the fines that he might have to pay: his multi-multimillionaire daughter could probably help him with that. But the crime could influence many other aspects of his life. For instance, if your driver’s license is suspended, your ability to get around L.A. is obviously really limited. Unless you’re wealthy enough to hire a chauffeur to drive you around town every time you want fresh eggs and milk (or whatever), you have a problem.

Likewise, no matter how wealthy you are, the threat of a jail sentence always lurks. No matter how many millions or billions of dollars you have in the bank, you are not immune to Southern California or federal law.

Perhaps you are in a similar situation to Joe’s. Or maybe you’re facing a far more devious and frustrating bind. In either case, you want to find a Sherman Oaks DUI criminal defense attorney who has lot of practical experience and knowledge dealing with your type of case.

More than that… you want to find someone who can help you meet your diverse challenges simultaneously. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles and the Valley has ample experience and resources to help you. Mr. Kraut has a special background, which few others in his industry have. He worked as a prosecutor for the city of Los Angeles for 14 years.

This perspective – along with his Harvard Law School education – has helped Mr. Kraut creatively deal with complex, multidimensional cases. It’s why he is recognized by his peers for his excellent service and why he is often called upon to speak about DUI matters on KCLA News and why he has been featured in The New York Times, Los Angeles Times, and beyond. Connect with attorney Kraut today to get a free and fair consultation about how to manage your challenges. (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123)

August 22, 2012

Forever and Ever Amen – Don’t Let My Long Beach DUI Aftermath Be As Embarrassing As Randy Travis’ Was

by Michael Kraut

Unless you’ve been hiding under a rock – and perhaps you have been busy following your own Long Beach DUI arrest – you’ve likely heard about the ridiculous and sad DUI tale of country icon, Randy Travis.

The 53-year-old was slammed with DUI charges in Texas, after police found him on the side of the road, completely naked. It’s been a bad decade for Mr. Travis, who divorced his wife and manager of three decades, Elizabeth Travis, back in 2010. He has since become embroiled in a lawsuit with her. In February, he was arrested after a Super Bowl party for public intoxication.

But none of the singer’s past embarrassments holds a candle to what recently happened – hopefully, his saga was far more dramatic than your own Long Beach DUI arrest.

Per reports from TMZ.com, someone discovered the country star lying nude on a Texas road near the town of Tioga. The witness described what he saw to 911 operators: “it looked like a deer at first, but as it came by it looked human. I want to say it was a white male, light brown hair, but I’m not sure so sure. I want to say he had no shirt on, but I don’t know. I want to stay in the vehicle.”

Travis apparently had also gone into a convenient store to try to purchase cigarettes – all while in the nude – but left because he didn’t have any money on him (probably not surprising, since he wasn’t wearing any clothing).

When police officers discovered him, he appeared to have the odor of alcohol on him and he showed other signs that could be considered classic symptoms of DUI in Long Beach or anywhere else. Unfortunately for the singer, when he was roused, he suddenly became belligerent, and he fought with police and even threatened to murder two of the Texas Troopers.

Not something you want to be doing!

So what will become of Randy Travis’s career and life following his DUI escapade?

Fortunately for the singer, at least some of his fans are standing beside him. One fan actually posted his bail of over $21,000. Another fan gave Travis a Texas Long Horn’s hat to help “re-clothe” the crooner. Obviously, it’s impossible to discern more details about the case without investigating it closely – or at least waiting for the investigation to be done. But do remember that Travis likely still has lot of options at his disposal to rehabilitate himself, clean up his image, get his life back together, etc.

You need to recognize this reality for many reasons. First of all, if you’re currently struggling with a Long Beach DUI charge, you’re likely pretty scared and depressed and confused. You might feel like things are never going to get better – that you can’t see the light at the end of the tunnel. Recognize that people have almost certainly come back from far worse things than you have experienced. People have come back from lengthy jail sentences, bankruptcy, personal devastation, etc, to lead happy, compassionate, long, healthy, and fulfilling lives.

The key lies not in solving your problems all at once but in making incrementally better decisions and charting a course for self growth and self improvement.

To that end, you might find it very useful to consult with attorney Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers. Not only is Michael Kraut an experienced Long Beach criminal defense attorney with a track record of success and a Harvard Law School education, but he is also a compassionate guy who wants to understand your situation and help you as a person.

Mr. Kraut spent over 14 years of his life as a prosecutor of DUI crimes and other crimes in Los Angeles, so he is no “softie.” On the other hand, his versatile experience gives him a very novel perspective on his challenges of DUI in Long Beach and elsewhere.

August 20, 2012

After Your Burbank DUI, Hopefully, You Did Not Threaten to Kill the Officer Who Stopped You, Like Rick Springfield Allegedly Did…

by Michael Kraut

No doubt, your Burbank DUI arrest was one of the lowest moments of your life.

You’ve always worked hard, tried to do the right thing, and taken care of yourself. But you’ve also faced obstacles that a lot of people have never had to deal with. Now you’re facing a fresh new challenge that has the possibility of resulting in your imprisonment as well as all sorts of other inconveniences, such as fines, the suspension of your driver’s license, mandatory alcohol education classes, a spike in your already nearly usurious auto insurance rates, and on and on.

Take a step outside of your own situation for a second and consider the recent arrest and legal saga of “Jessie’s girl” singer Rick Springfield. If you recall from our reporting from May of 2011, Springfield was busted for DUI in Malibu in his gorgeous classic 63 Corvette.

During the stop, Springfield allegedly threatened to kill the deputy sheriff. If you’ve been reading our blog recently, you will note that this is apparently a common theme now among celebrities pulled over for DUI in Burbank and elsewhere. Consider, for instance, our recent story about country singer Randy Travis, who allegedly told the Texas troopers who pulled him over that he would kill them.

In any event… in spite of the charges against him and other difficulties, Springfield’s DUI case had a happy ending – as far as Springfield is concerned. He managed to cut a plea deal with Los Angeles prosecutors. He plead guilty to a reckless driving charge instead of a DUI.

Springfield, as part of that deal, will have to go to a two month traffic program and endure a 3 year probation stint. Plus, he still got hit with a reckless driving charge – a misdemeanor – so if he gets arrested again for a different crime, he could face serious issues because of his prior.

But there will not be an alcohol impairment charge on his record. He will get to keep his license. He won’t be spending time in jail. And he can begin to reassemble his reputation and move beyond the event.

Can an experienced and respected Burbank DUI criminal defense lawyer do the same for you – get your charges pled down or even dismissed?

So there is no “abstract” answer to this question. Opportunities to build an effective defense could abound. For instance, maybe the Burbank breathalyzer test used on you was flawed in some way or mis-calibrated, in which case you might be able to challenge that evidence. Or maybe the police made a mistake while booking you or did something Unconstitutional. Or maybe you can strategically work out a plea deal by demonstrating contrition and negotiating in a savvy, effective way with prosecutors.

The important thing to remember is that what’s past is past.

You cannot go back in time – even in a car as fast as Springfield’s 63 Corvette String Ray, unless it so happens to be equipped with a flux capacitor, which is highly unlikely. So you need to deal with your situation: what’s “true now” for you.

Odds are, however, that you’ve never faced a problem quite like the one you are facing now.

So what do you do?

You may need an experienced Los Angeles DUI lawyer yourself — someone who the empathy and compassion to listen to you and the experience and track record to get results.

Attorney Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers embodies both those elements. Mr. Kraut’s services embrace what business thinker Jim Collins might describe as the “Genius of the AND” – in that he is both a terrifically smart guy (Harvard Law School educated) and a compassionate advisor who helps clients really understand their challenges on a deep level.

Mr. Kraut would be happy to discuss your case and give you a powerful free consultation.

August 15, 2012

Does Your Burbank DUI Mug Shot Look As Good As Cat Cora’s Did?

by Michael Kraut

So many aspects of the Burbank DUI experience can be so frustrating and humiliating.

Take the DUI mug shot. Even celebrities can get tripped up by it. Consider Nick Nolte’s famously disheveled DUI portrait, for instance. This notorious example of “disheveled DUI chic” was funny to the world but no doubt devastating to Nolte.

On the opposite end of this spectrum, perhaps, is celebrity chef Cat Cora’s new DUI mug shot, which went viral a few weeks ago because the Food Network star (and co-host of “Around the World in 80 Plates”) looked fresh faced, pretty, even exuberant in her pose.

About Cora’s Arrest
Back in June, Cora rear-ended a BWM up in Santa Barbara. Officers who responded to the incident tested her with two breath tests: the readings showed 0.19% BAC and 0.20% BAC, respectively.

Just to remind you, per California Vehicle Code Section 23152(b), the legal limit for a Burbank DUI is 0.08% BAC. So Cora tested at practically 2.5 times the legal limit.
Adding insult to injury, Cora allegedly called the people she hit “nerds” – at least according to initial reports from the website TMZ.com. She later released a statement to a cable news network: “I deeply regret my decision to drive that evening, after my designated driver became unavailable… I learned a very important lesson from this experience and take full accountability for my actions. This will never happen again.”
Beyond the standard aspects of her DUI situation, what really caused a stir on the blogosphere, was that she waited 11 days after her arrest (on June 17th) to take her mug shot. CA law permitted this, since Cora had no previous DUIs on her record.
Cora also managed to side step any time in jail: she was taken to the Sobering House in Santa Barbara, instead.

Your Burbank or Glendale DUI situation might be a tad different.

If you get convicted of driving 2.5 times the Burbank DUI limit, prepare to face serious penalties, even if this is your first time ever getting in trouble with the law.

First time offenders here in Los Angeles can lose their licenses for a year. They can face months behind bars; months of alcohol school and probation; thousands of dollars in fines and fees; compulsory installation of an interlock ignition device in your car, which you must pay to maintain; and other “not great stuff.”

By the way, this is the punishment just for a standard misdemeanor Burbank DUI!
If you hurt someone, committed a second or third offence, resisted arrest, or engaged in additional criminal behavior, your penalties can get significantly ratcheted up.

What should you do?

Every case has unique facets and intricacies. An experienced Burbank DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is standing by to listen to your story and give you a confidential, free consultation about your rights and potential legal strategies. Attorney Kraut is a successful, well respected defense attorney (a Harvard Law School educated former prosecutor, on top of that), and he can start you on the course to reclaiming your life and rehabilitating your reputation.