Los Angeles DUI Attorney Blog

November 15, 2011

Preposterous Pasadena DUI Stories: “Attention DUI Suspect in Kentucky — Your Car Is on Fire!”

Getting arrested for driving under the influence in Pasadena (or anywhere else) is no laughing matter. However, the things that certain suspects do under pressure can, in retrospect, seem amusing.

Case in point, consider what happened to 20-year old Becca Voss, who was arrested last Thursday morning near Louisville on a relatively standard DUI. According to a local station, WLKY Louisville, Ms. Voss had been driving 16 miles over the speed limit, weaving between lanes – symptoms that would clue officers here in the Southland onto the fact that someone might be driving under the influence in Pasadena.

Indeed, Voss, exhibited classic symptoms associated with Pasadena DUI (or DUI anywhere) including “red, glossy eyes… disorientation” and lack of coordination.

But the way in which her lack of coordination displayed itself is why her story has gotten so much attention. Apparently, Voss “dropped a cigarette in the car’s door, igniting papers in the door” and thus setting her car on fire.

Not exactly the kind of impression you want to make if you want to convince authorities that you are stone sober and not driving under the influence in Pasadena!

Ms. Voss also faced further setbacks when she “failed several field sobriety tests” and failed a blood alcohol test by blowing a BAC of over 0.20% (2.5 times the legal limit for Pasadena DUI).

Can we learn anything from Voss’s cigarette related flub, other than obvious lessons (you probably already knew) such as “try to avoid lighting your car on fire in front of the police, when you are being tested for DUI”?

Perhaps. The biggest lesson here is that DUI events often lead to hard to calculate, cascading situations. Obviously, very few people anticipate getting pulled over and arrested, prior to getting behind the wheel. But even after you do get stopped, “twist and turns” in your story can be fast and furious, and they can throw you off your game.

They can also induce needless stress and potentially significantly complicate your case. For instance, say you get into an accident and cause an injury Pasadena DUI. You might be tempted to immediately flee the scene or do something else stupid. Once you make that bad decision, you may make another bad decision, such as speeding away from the police or driving through a red light. Each one of these bad decisions further complicates your legal situation and makes the job of your Pasadena DUI criminal defense attorney that much harder.

Fortunately, no matter what happened, there is always room for clarity, strategy, and clear thinking. The Kraut Criminal & DUI Lawyers can help (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Michael Kraut is an extremely experienced compassionate and successful Pasadena DUI lawyer. Not only is he Harvard law school educated, but he also worked for nearly a decade and half as a prosecutor, so he knows exactly how prosecution will likely come after you.

November 9, 2011

Beverly Hills DUI Flashback: Mel Gibson Visits Same Restaurant He Went to Moments Before Infamous 2006 Bust

by Michael Kraut

In the annals of Beverly Hills DUI arrests (and arrests for similar crimes in surrounding areas, like Pacific Palisades and Malibu), few sordid tales are as well known as Mel Gibson’s July 28, 2006 arrest on the PCH for driving under the influence. As regular readers of this blog (and really any publication that even remotely address problems like celebrity dysfunction and Beverly Hills DUI) know, Gibson dined at Moon Shadows in Malibu just hours before getting pulled over and spouting off crazy antisemitic ramblings to the arresting officer.

The “What Women Want” actor absorbed the public once again with a lurid spectacle earlier this year. Taped arguments between Gibson and his ex-girlfriend leaked into the blogosphere, revealing the ramblings of what appeared to be a sad, desperate person. Many of Gibson’s fans abandoned him, and even his long-term Hollywood pals distanced themselves. Never one to be intimidated, however, Gibson refused to allow the bad press to impact his life and his wanderings. Last week, paparazzi snapped some photos of Gibson hanging out at Moon Shadows at Malibu with a young lady friend, whom TMZ.com referred to as a “mysterious blonde.”

Gibson apparently was in no mood to repeat his mistakes of 2006 – he did not consume alcohol, and he had a driver drive him and his date home.

Nevertheless, this story does raise some interesting implications about what happens when defendants commit the same crime twice. If you are arrested and convicted more than once for Beverly Hills DUI, pursuant California Vehicle Code Sections 23152(a) or 23152(b), within a 10-year period, your penalties can escalate substantially.

Collect three DUI’s or more in one decade, for instance, and what ordinarily would be a simple (and potentially dismissible) misdemeanor Beverly Hills DUI charge could get jacked up to a felony DUI charge. As students of the law (and watchers of legal procedural shows) know well, a felony is far more serious than a misdemeanor. Depending on the nature of the legal indiscretion, you may also face additional penalties, such as extended probation time and stricter terms, longer time in alcohol school, longer drivers’ license suspension, more jail time, steeper fines and court costs, and harsher indirect problems, such as spikes in your insurance rates.

For help with your DUI charge, connect with the respected, highly accredited Los Angeles criminal defense attorney Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935). Attorney Kraut has experience fighting for both sides: before he became a criminal defense attorney, he spent 14 years as a city prosecutor, during which he amassed a nearly perfect record at jury trials and a reputation as a convincing, compassionate, astute student of the law.

November 7, 2011

Are Glendale DUI Field Sobriety Tests Inherently Unfair?

by Michael Kraut

Whether you got arrested on the way home from a birthday party at the Glendale Galleria, or you got tagged for driving under the influence in Glendale on a clogged Southern California freeway during the throes of one of the Southland’s notorious Sig Alerts, chances are, your memories of what happened with the police are emotional, possibly blurry, and certainly painful and uncomfortable.

Most DUI drivers (fortunately) only have to experience field sobriety tests, PAS tests, and difficult police officer questions once or twice in their lives. That is certainly more than enough for most people. However, the “lack of practice” we have in terms of managing the ultra stressful situation of being put through the paces of FSTs and breathalyzer tests or blood tests, intense officer questioning, and the like can redound to negative effect for our ability to cope.

Glendale DUI suspects, often out of sheer naivety, fail to take simple actions that could protect their rights, get charges dismissed, and preserve and protect their reputations, driver’s licenses and good insurance rates.

Why are Glendale field sobriety tests so vexing and so potentially unfair?

Here are just a few speculative reasons:

Easy to confuse “learning related stumbling” with “DUI related stumbling.”

Most of us do not sit at home, practicing how to walk a straight line, counting backwards by 3, or saying the alphabet backwards. In fact, chances are, if you put yourself through field sobriety tests in your own kitchen or office or wherever you are now, you would stutter, stumble, and fumble around a bit because these activities are unfamiliar to you. This is normal human learning behavior –we learn by trial and error. Unfortunately, these normal-learning-related fumbles and stumbles and mumbles can easily be confused for DUI-related coordination problems.

Distractions abound.

Suspects don’t take Glendale field sobriety tests in a vacuum. They are bombarded by stimuli, including police officers (sometimes several) watching your every move, traffic roaring by, lights, sirens, etc. All these distractions make it harder to concentrate.

Emotional/stress reactions to the DUI stop itself.

Even a stone cold sober driver stopped and put through FSTs will undoubtedly experience soaring and crashing emotions, including stress reactions, anxiety, fear, anger, and other states of mind. These emotional reactions can also interfere with your ability to “pass” these tests.

Officer subjectivity.

Field sobriety tests are not like SAT tests, in that one can’t really ever standardize results because of all the variables involved. So, officer subjectivity undoubtedly plays an enormous role in terms of the diagnosis “DUI or not DUI”. Even officers who ostensibly try to play by the book – who seek to be as scientific and objective as possible – are no doubt heavily influenced by their biases, moods, perspective on the tests, and so forth.

All this is to say that if you failed your Glendale FSTs, it might behoove you to seek counsel from a respected, experienced Glendale criminal defense attorney. Connect today with Michael Kraut of the Kraut Criminal & DUI Lawyers in Glendale (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Come up with a strategic plan of action, and protect your rights and resources. Attorney Kraut is a veteran former prosecutor with a Harvard Law School education and a terrific reputation among his legal peers (including prosecutors and judges).

November 5, 2011

Los Angeles DUI Checkpoints for Halloween: Trying to Prevent True Halloween Horrors

by Michael Kraut

Over the weekend, Los Angeles DUI Saturation Patrols were on red alert looking for dangerous drivers on California’s freeways and surface streets.

A local police chief in Glendora issued a press statement summarizing the intent and purpose of the extra saturation patrols: “there isn’t a Halloween costume clever enough to hide an impaired driver who has made the poor decision to get behind the wheel.”

Halloween is notoriously a dangerous time for drivers. Like most national holidays, including Super Bowl Sunday, New Years Eve, Memorial Day Weekend, and 4th of July, Halloween is a time for community revelry. As a result, more people go out partying, and thus more DUI or near DUI drivers populate the roads, particularly at night.

National Highway Traffic and Safety Administration (NHTSA) statistics from 2009 found that nearly half of all Halloween night fatalities involved motorcycle riders or drivers who had BACs of 0.08% or higher – the legal limit for Los Angeles DUI, as per California Vehicle Code Section 23152.

The California Office of Traffic Safety, via the NHTSA, is funding the extra Los Angeles DUI Halloween saturation patrols.

What’s particularly scary about a Halloween DUI is the extra vulnerability of children.

While many conscientious parents make sure that their children wear highly visible costumes – like a white ghost or a princess with lots of silver glitter on her costume – some parents don’t give nearly enough thought to road safety and children. When you mix these two potentially dangerous elements – more “post-revelry” drivers on the road and lots of kids wandering around unfamiliar neighborhoods in difficult to see costumes – it’s not particularly surprising that you see accident rates spike and more people hurt and even killed.

What can be done to change the situation?

First of all, Halloween has always been a notoriously strange and unpredictable and in some ways dangerous holiday. Even the trick or treating itself – beyond the dangers posed by Los Angeles DUI drivers and potential child abusers – is risky in and of itself simply because of the nature of the treats given out to our children.

Candy is not exactly the healthiest food. All parents know that. However, riveting and compelling new scientific research suggests that eating sugar may actually precipitate a gamut of long term, complicated health problems, including but not limited to: insulin resistance, obesity, Type II diabetes, heart disease, and even many kinds of cancer.

So we may need to protect children not only against Los Angeles DUI drivers but also against more insidious threats, such as high fructose corn syrup in their trick or treat bags.

If someone you know and care about has been recently arrested for Halloween Los Angeles DUI, the team at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help. Attorney Michael Kraut is a former Deputy District Attorney with a fantastic success rate at jury trials and an impressive background – including 14 years as a former prosecutor and a Harvard Law School education.

November 3, 2011

Lindsay Lohan’s Never Ending Los Angeles DUI Complications – Part 2

by Michael Kraut

Out of all the celebrities who’ve ever been arrested for driving under the influence in Los Angeles, few if any have generated more riveting legal headlines than Lindsay Lohan.

Ms. Lohan’s 2007 arrest for Los Angeles DUI was a relatively staid affair: she did not hurt anyone while driving DUI; she didn’t resist arrest in some crazy fashion; and didn’t have a BAC in an “out of this world” range (e.g. 0.48% or something). But in the years since her arrest, Lohan has returned again and again to the national spotlight for legal problems, including charges of probation violation, stealing jewelry, and even trying to duck out of her community service obligations at the County Morgue.

25-year-old Lohan’s parents have also earned a reputation for flouting the law. Last week, for instance, the actress’s father was arrested on two separate occasions for domestic violence and resisting arrest, after he allegedly beat-up and then subsequently harassed his ex-girlfriend, Kate Major.

Lindsay was long ago the picture of wholesomeness. She starred in movies like “Freaky Friday” and Disney TV specials. She has now upped the ante, in some sense, by offering to strip nude for Playboy Magazine for approximately $1 million.

TMZ.com reports that Playboy originally offered her $750,000, but she turned down that offer to ask for a cool million. Obviously, Lohan’s experience with Los Angeles DUI – and her other legal troubles – is not typical. In other words, if you or someone you care about has recently been arrested for a similar crime, you probably should look for other defendants to model. But the extravagant coda to her Los Angeles DUI arrest does give us some universal lessons about what to do (and what not to do) as a defendant.

The most crucial lesson is this: what you do after an arrest can magnify future punishments.

For instance, let’s say you got arrested for driving under the influence in Glendale after you got stopped at a checkpoint. Then you failed some Glendale field sobriety tests. If you go to a Glendale criminal defense attorney, like Michael Kraut at the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123), and you avoid doing or saying anything that might comprise your case or give police and prosecutors ammunition, you might be able to fight the charges successfully.

However, if you make mistakes or omissions after the fact – fight with the arresting officers, for instance, or ignore what your attorney tells you, or get into additional legal trouble – then your situation becomes more complicated. The courts will consider not only the facts of the arrest itself but also your character and how you’ve displayed contrition (or lack thereof) since the arrest.

Fortunately, you don’t have to navigate the whole post-Glendale DUI arrest situation by yourself. Michael Kraut, an experienced former prosecutor with great connections and a fantastic track record for success, can help you.

November 1, 2011

Lindsay Lohan’s Never Ending Los Angeles DUI Complications – Part 1

by Michael Kraut

In 2007, “Freaky Friday” actress Lindsay Lohan was arrested on a relatively routine charge of driving under the influence in Los Angeles.

Since then, Lohan has engaged in bizarre behavior, faced probation violations, and generally conducted herself publicly in what one might charitably describe as an “unusual” manner.

In a two part series, we are going to take a look at some of the most recent developments in Lindsay Lohan’s post 2007 Los Angeles DUI saga.

In this article, we will discuss the latest legal trouble facing her father, Michael Lohan. In a post later on this week, we will talk about Lohan’s amazing offer from Playboy Magazine to strip naked for the magazine for $1 million.

But first, let’s review what happened to Michael Lohan. According to TMZ.com and other outlets in the blogosphere and major media, Lohan was arrested in Florida last week… twice!

Early in the week, Michael allegedly hit his ex-girlfriend, Kate Major, at her apartment, sparking an arrest on charges of domestic violence. Barely 12 hours later, Michael called Kate and harassed her. Concerned for her safety, she called the Tampa police, who responded. Officers considered Michael to be a threat, so they headed to place him under arrest.

What happened next? Something completely amazing: instead of submitting quietly to the arrest, “Michael tried to escaping by hopping his third store balcony…but fell 34 feet to the ground, crashing onto some wooden chairs…and then he try to hide in some trees.”

Needless to say, Michael was ultimately apprehended and placed under arrest for violating the condition for his pretrial release and resisting arrest. Kate later told TMZ, clearly in fit of pique: “he [Lohan] has no regard for the justice system. He can beat up women, but Mr. Tough guy who slurred his words calling me five times after getting into jail wasn’t too tough by jumping off a third floor balcony into a tree to try to flee from going back to the same jail he just got released from less than 12-hours ago.”

Wow. It’s a big mess, and it appears to be getting bigger.

Of course, it’s important to try to draw some lessons from the sordid public tales of the Lohans’ runs-ins with the law, as opposed to merely mindlessly spectating the downward spiral.

Driving under the influence in Los Angeles or anywhere else in California is a crime punishable according to California Vehicle Code Sections 23152(a) or 23152(b). The punishments can be quite severe – they can include jail time, forced probation, loss of driver’s license, mandatory alcohol classes, indirect bad effects on your insurance rates, etc. If you complicate the situation by, for instance, hurting someone while DUI, resisting arrest, etc, you could face additional charges, including the possibility of having a misdemeanor charge elevated to a felony charge.

Not good news.

Fortunately, an experienced Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can help you. Michael Kraut, the lead attorney, is a former city prosecutor (14 plus years as a Senior Deputy DA), and he has great relationships with prosecutors and a deep understanding of how the legal system works on a practical level.

October 26, 2011

Long Beach DUI Consequences Can Be Brutal, Politically and Otherwise – Just Ask Republican State Senator Randy Hopper…

by Michael Kraut

Getting pulled over for driving under the influence in Long Beach or anywhere else throughout the Southland (or the U.S.) can be a humiliating experience. The level of humiliation gets ratcheted up substantially, however, if you happen to be a public, elected official.

When lawmakers, police officers and others entrusted with the public good do bad things – such as drive DUI in Long Beach or elsewhere – the media pores it on.

Consider last week’s arrest of ex Wisconsin state senator Randy Hopper, who, per a story in the Green Bay Gazette, got pulled over in a Wisconsin parking lot, after witnesses saw him nearly collide head first with another car. Officers administered field sobriety tests to Hopper. He apparently failed, big time – he could not balance, could not say the alphabet, etcetera.

After his arrest, Hopper pleaded with the arresting officer, Deputy Nicholas Venne: “Will you put down there that you didn’t think I was that I (was) driving; you never saw me driving; you don’t know I was driving. I didn’t do anything illegal.” Hopper refused an evidentiary breath test, but jail staff did get a preliminary breath test which suggested that his BAC was around 0.13% — significantly higher than the cut off for Long Beach DUI of 0.08%, pursuant to California Vehicle Code Section 23152.

To put it mildly – Hopper has not had a shining last few years. In a recent election, Hopper lost his senate seat to democrat Jessica King by a margin of 51% to 49% — analysts believe that the razor thin defeat was fueled in part by Hopper’s messy divorce. He apparently left his wife for a lobbyist, Valerie Cass, who witnessed the arrest. According to one report, Cass “reportedly became upset… and yelled at the family who had called the police.”

So what are some lessons this story can teach Long Beach DUI defendants?

1. What you say or do after your DUI arrest can matter – and come back to haunt you.

The fact that Hopper blew a 0.13% BAC preliminary breath test and uttered recorded comments to Deputy Venne may complicate his legal defense.

2. Anyone can get tagged with a DUI.

Just because you are an elected official or a police officer or some other “special person” does not immunize you from the consequences of driving DUI in Long Beach.

3. Your choice of Long Beach DUI defense attorney is pivotal.

The quality of your legal defense can fundamentally influence your potential sentencing – as well as your ability to rebound, long-term, from what happened to you. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) is an experienced former prosecutor with a phenomenal success rate at jury trials and a great reputation within his industry. Judges, former prosecutors, and others in the system all greatly respect him.

October 24, 2011

Underage Burbank DUI for Hannah Montana Star – 20-Year Pulled Over in Mercedes with BAC “Well Over” the 0.08% Limit

by Michael Kraut

Last week, 20-year old actor Mitchel Musso was arrested for driving under the influence in Burbank underage near Chandler and Buena Vista, according to a report in the La Canada Valley Sun.

The actor, who appeared on Hannah Montana as well as in the 2003 movie, Secondhand Lions, allegedly “drove through the intersection [near an accident scene] and failed to do what the officer instructed him to do.”

Musso, who is probably best known for playing Oliver Oken in Hannah Montana, was pulled over at 3:45 A.M last Sunday morning. He had a BAC of substantially over the limit for driving under the influence in Burbank (0.08%). But since he was underage, any significant amount of alcohol in his system would constitute a crime. Per the Los Angeles County Sheriff’s Department, the actor was released after posting a bail of $5,000. No one else was in his 2007 Mercedes during the arrest.

Underage DUI in Burbank is not only a frustratingly serious crime, but it is also a crime that can ruin or cripple a young person’s future.

Obviously, any Burbank DUI is a potential (or actual) tragedy. In this case, Musso was fortunate, in that he did not cause injuries to anyone or to himself. But imagine if he had killed someone while driving DUI underage. Not only might he face hugely serious charges, such as vehicular manslaughter or worse, depending on his background and the circumstances, but he would also face the problem of being “sucked into the system.”

Once you accept the notion that you are a criminal or a DUI driver, you may have a difficult time changing that self image and returning to your previous model of yourself as “upstanding, law abiding citizen.” The way we view ourselves can have profound ramifications for our behaviors, thoughts, and life paths.

Underage Burbank DUI driving should be taken as a major warning sign – a clarion call that you need to get help. You may need the services of a respected, empathetic, and results driven Burbank DUI criminal defense lawyer, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). You also might need to do some inner work, such as therapy, meditation, and changing your peer group to reduce the negative influences on your behavior.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is a former prosecutor for the city of Los Angeles – he spent over 14-years in that role, in fact. Now, as a criminal defense attorney, he brings his wealth of prosecutorial knowledge and experience to bear to help Burbank DUI defendants understand their challenges and meet them in a principled, successful way.

October 21, 2011

Beverly Hills Field Sobriety Test Cautionary Tale: Former CEO of Chicago Tribune Busted for DUI in Cincinnati

by Michael Kraut

Last week, Randy Michaels, the former Chief Executive of the Tribune Company (owner of the Chicago Tribune, among other media holdings) was arrested near Cincinnati. If you or someone you care about is facing similar charges after failing a field sobriety test in Beverly Hills (or elsewhere in the Southland), Michaels’ ordeal may be quite instructive.

Although blogs and media outlets around the country reported on the arrest, it was most interesting to read the Tribune’s own report about the paper’s former boss. According to an October 14th article in the Tribune, “the media scion was arrested on 2 A.M on Friday the 14th near Ohio Highway 122 and Interstate 75.” The Tribune reported that “police found his car stuck in mud with water up to the vehicle’s frame in a construction zone… an officer who approached the car said he smelled alcohol on Michaels’ breath, noticed his eyes were bloodshot and described him as being “unsteady” on his feet.”

As regular readers of this Beverly Hills DUI blog know, those are classic Beverly Hills DUI symptoms.

Michaels was also put through the paces of field sobriety tests – three times – including stand on one leg, and walk the line. Police reports said that Michaels could only balance on his leg for about 3 seconds – a classic indicator that something was either amiss with his vestibular system or that he was under the influence of alcohol or other substances.

After the arrest, Michaels was bought to a city jail in the nearby town of Middletown. After consulting with a lawyer, Michaels refused to take a breathalyzer test at the jail. He was released after posting a bail of around $600.

Michaels took over the Chicago-based Tribune Company in 2007 but departed last year amid allegations that he had brought a “frat house culture” to the corporate offices of the Tribune.

Are there lessons here? Sure.

First of all, it is interesting to note the difference between Michaels’ reaction to his arrest (he called his attorney instead of submitting mindlessly to a breathalyzer test) and to contrast his actions with the actions of other DUI suspects we’ve recently blogged about. If you recall from a few blog posts ago, we talked about how drivers often make impulsive, irrational, destructive decisions AFTER getting arrested that redound to massively complicate their cases.

So here is a takeaway – and it is a takeaway that cannot be stressed enough: even if you’ve made terrible mistakes, such as driving DUI in Beverly Hills with injury, it’s never too late to start making rational, accurate and strategic decisions.

A competent Beverly Hills DUI attorney can help you know what you need to do. Connect with Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935) today to discuss your needs and concerns. Attorney Kraut is a very reputable former prosecutor (also Harvard Law School educated) with the knowledge, knowhow and connections to give you best service.

October 19, 2011

Could Burbank DUI Breathalyzer Test Be Next on the Chopping Block? Massive Breath Test Dismissals in Florida Spark National Excitement

by Michael Kraut

If you got arrested after failing a Burbank DUI breathalyzer test – blowing significantly over the legal limit of 0.08% BAC, for instance – you may feel sour, sad, and scared that the breathalyzer test failure will doom you to a lengthy prison sentence? Now that you’ve been “tarred and feathered” as a DUI driver, will your insurance rates go to the roof? What will your friends, family and colleagues think about you now? Etc, etc.

Before you go down this rabbit hole of fear and catastrophic thinking, pull out of your nose dive for a minute and consider a very curious story out of Manatee County, Florida, of all places. According to a local Florida paper, the Bradenton Herald, “prosecutors in Manatee County have decided not to use the alcohol breath test results from one or two local intoxilyzer 8000 machines, saying the volume of blown air wasn’t accurately measured.”

In other words, the machines screwed up!

And the “positive” DUI readings the machines collected are no longer valid as evidence!

As a Division Chief in the Florida State Attorney’s Office noted, “it was the right thing for the integrity of the pending cases to not use the breath results.” Not all analysts agreed with the decision to throw out the breath test results. A spokesperson for the Florida Department of Law Enforcement, Heather Smith, countered that “the volume is separate and independent from the subject’s alcohol content results … the amount of breath you blow cannot result in a higher or lower alcohol content reading.”

We will leave it to the reader to find the holes in Ms. Smith’s reasoning here. But let’s not get lost in the minutiae of the case – Florida officials already believe that the problem has been solved and the machines are now “fixed,” back in action, ready to help officers tag DUI drivers.

The greater point here is that Burbank DUI breathalyzer tests may not be as “bullet proof” as the common driver assumes they are. As this blog has documented many times over, breathalyzer tests can be corrupted by a diverse array of factors, including:

• Whether you are a man or woman;
• Whether you are a diabetic, or on a special ketogenic diet;
• How deeply you blow into the machines (Ms. Smith’s protestations to the contrary, notwithstanding);
• Calibration or officer reading errors;
• Sample contamination;
• etc, etc.

A Burbank DUI defense attorney, such as a Michael Kraut of San Fernando Valley’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), can help you understand the charges you face, figure out what to do about them, and resolve any questions, concerns, or fears you have regarding your situation and legal prognosis.

Attorney Kraut is a former prosecutor for the city. He is often called upon by major media institutions to provide expert analysis on Burbank DUI matters.