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Penalties for Glendale DUI convictions become harsher the more times you get arrested and convicted. The-Heart-of-Addiction-Dodes-Lance.jpg

A simple misdemeanor DUI conviction – for the first time – might lead to a little bit of jail time, license suspension, mandatory alcohol school, significant probation, and a not-insignificant amount of embarrassment. But these penalties pale in comparison with the penalties associated with a third or fourth Glendale DUI conviction within 10 years. Depending on circumstances, you might face felony charges for what would only be a misdemeanor charge for a first-timer.

On some level, everyone recognizes this. Getting arrested multiple times for the same crime is not a good thing to do. Bad things will happen.

How do we break the cycle? It’s a simple question with a complicated answer. But new thinking in the addiction research community suggests that traditional methods to treat alcohol as an addiction might do a disservice to many people who desperately need help.

One of the most popular ways of treating alcoholism is to send the alcoholic to a 12-step program similar to Alcoholics Anonymous. One key step in this program is to “admit you are helpless” in the face of alcohol. Most take that as a given – that we have to “surrender” control to some higher power to reclaim our lives and our bodies.

But not so, says Harvard University psychiatrist Dr. Lance Dodes, author of The Heart of Addiction. He argues that addicts engage in their addictive/destructive behaviors as a means of self-empowerment. Dr. Dodes suggests that many addicts start to feel better as soon as they make the mental decision to go have a drink – NOT as soon as the alcohol touches their lips.

This suggests that there is a deep psychological mechanism at play that has less to do with the chemical effect of the alcohol on the brain than it does with the effect of the decision to consume alcohol.

Dr. Dodes’ thesis is basically that the 12-step approach is backwards. We should not disempower addicts by telling them that they are “helpless,” Dodes argues, but instead look for ways to re-empower them and help them understand the forces in their lives that make them feel out of control. The next step is to motivate them to reassert control in positive ways, which will help them stop self-destructive behaviors like drinking and getting into Glendale DUI accidents.

It’s certainly an interesting theory, and you can check out more about it at his website, www.lancedodes.com.

For immediate help with your Glendale DUI defense, connect with Glendale criminal defense attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) to explore how to manage your scary, frustrating, and overwhelming situation. As a former prosecutor and media expert on Glendale DUI matters, attorney Kraut has the credentials, wherewithal, knowledge, and compassion to deliver a powerful defense and fight for your freedom.

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Rabblerousers in the blogosphere (e.g. Perez Hilton) like to shake things up and make Burbank DUI news stories sound more bizarre then they often are. unicycling-DUI-in-Burbank.jpg

Sure, occasionally some crazy news will cross the police blotter. A B-list celebrity might be arrested for driving 80 miles per hour on Olive at 2a.m. with a blood alcohol concentration of 0.24. Or a demented homeowner might jump on a riding lawnmower and putter off towards downtown Burbank while under the influence of homemade absinthe.

But most of the time, Burbank DUI news stories are fairly mundane examples of misdemeanor DUI stops, checkpoint arrests, and the occasional tragedy.

Obviously, in an ideal world, there would be no more Burbank DUI arrests, since people would no longer ever even think about driving under the influence. But we don’t live in a perfect world.

But sometimes it seems like the media would like more outrageous and hysterical stories, such as the following:

Fictitious Burbank DUI Blog Item #1: “Unicyclist Bikes DUI and Knocks Over a Clown Juggling Bowling Pins on Victory Boulevard”

“Police have detained 34-year-old unicyclist Booggoms McGooggoms after he recklessly rode his unicycle into a clown on stilts who was juggling pins while practicing for a circus performance. The police stopped McGooggoms on Victory Boulevard near Trader Joe’s and administered field sobriety tests. They reported that his breath smelled like alcohol, his eyes were bloodshot, and he looked “spaced out.” The unnamed clown was reportedly uninjured, but he lost several pins and will now have to make use of Evian water bottles for his act.”

Fictitious Burbank DUI Blog Item #2: “Burbank Man Arrested For 345th DUI in Three Weeks”

“Dumbo McStupidpants, 52, of Burbank, was recently arrested for the 345th time for driving under the influence within just a span of three weeks. His latest stop occurred Saturday night near downtown, when police noticed his 1996 Chevy Impala tipped over on its side and saw that the driver was yelling obscenities at passersby. It was unclear at the time even how McStupidpants found the time to get arrested 345 times within a 21 day span, let alone how the legal system failed the community on this one.”

All joking aside, a Burbank DUI can carry extremely serious, life-changing penalties. If you injure someone, destroy property, or commit multiple driving infractions and other crimes while DUI, your legal battle could be that much harder and more emotionally challenging.

The team at Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can help you understand what tactics are available for you and help you think more strategically about what you need to do (and what you should stop doing right now) to maximize your defense. Attorney Kraut is a Harvard Law School educated Burbank criminal defense lawyer with a rich and diverse track record and a demonstrated capacity to help even the most challenged defendants.

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Last week, 30-year-old fire department captain John David Hines was convicted of an April Fool’s Day Long Beach DUI hit and run. According to an L.A. Times report, the captain had a blood alcohol concentration of nearly three times the legal limit for Long Beach DUI (according to California Vehicle Code Section 23152: 0.08% BAC) when he slammed into 47-year-old bicyclist Jeffery Gordon and sent the man flying more than 70 feet.hines-dui-penalties.jpg

Hines will serve 90 days in a California prison and may face a jail sentence of up to six years, depending on how things go during his sentencing hearing on December 2.

According to the Times, “Hines pleaded guilty to felony driving under the influence of alcohol causing bodily injury [in Long Beach], driving with a blood alcohol over the state limit and hit and run with injury. Because his blood alcohol level was so high, he was also convicted of several sentencing enhancements.”

This last bit of information – about how his sentence was increased because of his excessive BAC level – should be of interest to anyone recently arrested for a similar crime.

The public may believe that a Long Beach DUI is a Long Beach DUI is a Long Beach DUI. But that’s far from the truth. Innumerable factors can influence sentencing, including whether you hurt anyone, whether you fled the scene of the accident (hit and run), how far under the influence you were according to breathalyzer and blood tests, and so on.

In a “best case” scenario, your Long Beach DUI criminal defense attorney might be able to clip your sentence down or even get the charges dismissed altogether. But if you killed someone while DUI, depending on the circumstances, you could be face a DUI murder charge and wind up with life behind bars.

This is a huge range of possible punishments.

And while there is obviously no “one-size-fits-all” solution to Long Beach DUI charges, your choice of attorney can make an enormous impact on your ultimate outcome. Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) can clarify your options and develop a strong case for you. Attorney Michael Kraut served as a prosecutor for nearly a decade and a half – this fact gives the Harvard Law School educated attorney a huge advantage when building DUI defenses. He also can leverage his excellent jury trial record, status as a Long Beach DUI media observer, and relationships with the legal community to get you the results you crave.

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If you have been recently tagged for driving under the influence in Pasadena, you might have had the quite unwelcome surprise of finding your face and the intimate details of your arrest plastered all around the internet on blogs and perhaps even on local news reports. Whether your arrest was highly publicized or not, the media and blogosphere needs to start a general conversation about what exactly constitutes a “newsworthy” Pasadena DUI arrest.kalamazoo.jpg

Factors that typically seem to be considered include:

• The defendant’s status e.g. – celebrity, politician, athlete, rich person, CEO of a major company;
• The severity of the charges – e.g. Pasadena DUI murder or manslaughter story is generally more newsworthy than a standard arrest for simple violation of CVC 23152(a);
• Whether anything about the story was bizarre, eclectic, or otherwise newsworthy – e.g. maybe the defendant was arrested for driving under the influence on a lawnmower; or maybe he or she was arrested for the seventh time in 10 years; or maybe he or she caused a 20-car pileup on a lonely mountain road.
• Story serves as a lesson to prove a political point, open a discussion about broader ramifications of Pasadena DUI policy, etc.

A small story out of the Kalamazoo Gazette, of all places, examined the criteria that the media and the blogosphere use to report on DUI stories. Last Tuesday, the Gazette took a closer look at the reporting done about the DUI arrest of a public school curriculum director, Denise Bresson. The arrest was her second DUI in four years.

Was Bresson’s arrest newsworthy or not?

Regular readers of the Gazette weighed in on both sides. Some argued that, of course, her arrest should have been newsworthy, since she is part of the public school system, and her behavior could impact the community’s educational system. Readers debated the pros and cons of exhibiting this official’s dirty laundry – what’s the ultimate purpose of this reporting? Should she be held to higher standards since she works in education? Is the Gazette “just picking on educators” or not?

While this blog obviously is not going to weigh in on the case, it is heartening to see vigorous “meta discussion” about the nature of Pasadena DUI coverage.

The news media filters the public’s understanding of DUI law, process, practice, and penalties. And everyone – especially Pasadena DUI criminal defense attorneys – wants to educate the public about the risks and dangers of driving under the influence. So the more that we can open up the discussion about how best to report DUI news, the better.

On a less heady level, if someone you care about has been arrested for DUI, attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is here to serve you. Attorney Kraut is a widely respected Harvard Law School-educated former prosecutor who has the talent, skills, and tactical know-how to deliver optimized results for your case.

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A Beverly Hills DUI accident is, almost by definition, an ironic affair. The public imagination associates Beverly Hills with luxury, the good life, and good health and spirits. Likewise, when we think of “DUI” we think of horror stories, cars wrapped around telephone poles, mothers and children crying, and other ghastly images. In other words, when we combine these two images in our minds, we get a kind of dissonance. It’s like thinking of chocolate-covered brussel sprouts – the two things don’t go together.wedding-night-dui.jpg

Likewise, when we think of people getting married, we think of happy occasions, such as singing, dancing, merrymaking, and jubilation. The last thing we think of is DUI. But a tragic accident in Western Pennsylvania highlighted how even life’s most happy events can be tarnished – suddenly and surprisingly – by things like a Beverly Hills DUI.

According to the Houston Chronicle, 56-year-old Billy Leroy Peroney was driving home from his own wedding reception with his blushing new bride, Kelly, when Paroney lost control of his vehicle while passing another car and slammed into a utility pole. The force of the impact was so powerful that it ricocheted the vehicle into a nearby house. The Houston Chronicle reported that Kelly was airlifted from the accident; as of the most recent report, there was no information on her condition. Billy Paroney was put through a field sobriety test; and he admitted to consuming alcohol prior to the accident.

Beverly Hills DUI sobriety tests
– such as walk the line, finger to the nose, count backwards by threes, say the alphabet backwards, stand on one leg, and horizontal gaze nystagmus – are unpleasant and scary. But if you fail your Beverly Hills FSTs, you are guilty, right? Not so fast. Indeed, there are many reasons why you think you might underperform on FSTs that have absolutely nothing to do with the amount of alcohol you did or did not consume. These include:

• Your level of fatigue (if you are tired, you might stumble and fumble);
• Your level of fear or anxiety (who hasn’t done the equivalent of forgetting a big line in a play when they are under pressure?);
• Police error, overestimation, or misjudgment of your behavior;
• Your natural habits and tendencies (maybe you are just a klutz by nature);
• Interference from other, non-alcohol factors, such as illness, disease, or other medication that you are legally allowed to take.

A Beverly Hills DUI defense attorney, like the Kraut Criminal & DUI Lawyers’ Michael Kraut (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can help you unpack possible plans to fight back against the charges and make sure that you are treated justly and fairly. Attorney Kraut is an experienced former prosecutor, and he has the wherewithal and the resources to help you.

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Last week, President Obama’s uncle, 67-year-old Onyango Obama, was arrested after he nearly hit an unmarked police car. According to a police officer, Obama exhibited “red and glassy eyes, slurred speech, and strong odor of alcohol and appeared unsteady on his feet” – identical symptoms of Burbank DUI that you, or perhaps a close relative, allegedly exhibited when you were stopped and arrested.Onyango-Obama-DUI.jpg

But unlike your Burbank DUI arrest, which likely did not get much news coverage beyond the local police blotter, the president’s uncle’s DUI has received international media coverage. This makes sense, since the defendant’s nephew in this case is the most powerful man on the planet.

According to the Los Angeles Times, Obama faces more than just Burbank DUI related problems. Authorities say Obama’s immigration status is far from clear. The Boston Herald reported that Obama does have a social security card and a drivers’ license, but he was initially denied bail per an immigration and customs enforcement’s detainer.

Who did Obama call after he got arrested? The White House.

(Or at least, that’s what the grapevine says. The actual White House has been mum on the subject.)

Officer Val Krishtal, who made the stop, said Obama was argumentative: “(he) would not allow me to speak and continued to interrupt me…I explained to him that I narrowly avoided striking his vehicle, and he told me he did not hear my tires screeching, so I was not being accurate.” Obama denied that he had consumed alcohol before driving. Then he changed his story and admitted to having two beers. His BAC test came back at 0.14% — as regular readers of this blog immediately understand, that’s well over the established limit for driving under the influence in Burbank (or in any U.S. city or state) of 0.08% BAC. In fact, it’s nearly twice that limit.

Obama’s arrest and possible immigration trouble raise dozens of questions, including:

• How will this impact the President, politically, if at all?
• If Obama puts up a sound defense and get exonerated – or even partially exonerated – will critics call “foul” and claim that his nephew offered subtle assistance?
• Did Obama actually call the White House after the DUI arrest?
• How might this influence President Obama’s ability to change immigration policy, if at all?

All these hypotheticals notwithstanding, you and your family want concrete answers and strategic guidance from a reputable Burbank DUI defense attorney. Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) will help you understand what to do and what not to do. Attorney Kraut spent nearly a decade and a half on the other side of DUI cases – fighting to put offenders behind bars and prosecute criminals. He was a very successful prosecutor, too, and racked up a terrific record at jury trials. Attorney Kraut will leverage his practical experience as well as his relationships and deep understanding of Burbank DUI law to help you resolve your situation and move forward with your life.

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If you have been charged with driving under the influence in Burbank, you are probably biting your nails, wondering what the law might have in store for you. cy-waits-DUI.jpg

Meanwhile, last week, just one state away, Cy Waits, the ex-boyfriend of celebutante Paris Hilton, took a DUI plea deal stemming from a 2010 Las Vegas strip traffic stop. Waits was fined $585, ordered to attend victim impact classes, and given a suspended jail sentence of 30 days.

Not too bad.

Indeed, it could have been a LOT worse for the 35-year-old Waits. As the AP reports, “Waits was arrested August 27, 2010, after a Los Vegas police officer reported a ‘vapor trail’ of marijuana smoke lofting from a black Cadillac Escalade with Waits at the wheel. Hilton, a passenger in the vehicle, was arrested after the police said a small bag containing 0.8 grams of cocaine fell from her Chanel bag, as she reached for a tube of lip balm.”

Prosecutors originally leveled both felony and misdemeanor drug charges against Waits, but later dropped them.

Judge Kephart did warn Waits: “if you are arrested for another DUI during the pendency of this case, I don’t care if it is alcohol or drugs, you will do six months in the Clark County Jail.”

Without knowing the details of your Burbank DUI arrest, it’s difficult to predict what your outcome will be. If it was a standard misdemeanor DUI with no other complications (i.e. you didn’t injure anyone, you didn’t commit a hit and run, you weren’t considerably over the limit, etc), the penalties might be similar to those Mr. Waits faced. But you should still connect with an experienced Burbank DUI criminal defense attorney to plan your next steps.

On the flip side, if this is your second, third, or fourth arrest within the past 10 years, your Burbank DUI penalties are liable to be much more severe. You could face significant jail time, fines, fees, humiliation, and long-term problems – such as higher insurance rates, problems getting hired, loss of professional reputation, etc.

The moral is: Your decisions from here on out matter greatly.

Attorney Michel Kraut of Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) will help you work through your complex, scary situation and guide you toward a systematic, smart legal defense. Attorney Kraut has a fantastic track record and a nearly 100% success rate with jury trials. He has built a reputation as an aggressive, knowledgeable, strategic attorney and he has also been a regular pundit and commentator on local and national media as an expert in Burbank DUI Law.

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Last week, Rodney King – the man whose videotaped beating ultimately sparked race riots that left 55 people dead and $1 billion worth of property damaged in its wake – was charged with DUI near Long Beach.

Twenty years ago, King was stopped by LAPD officers and then beaten to near death – the tragic beating was captured on video, and it led to the indictment of four officers involved. When three of the officers were acquitted, the verdicts touched off race riots that tarnished Los Angeles’ name for over a decade. rodney-king-long-beach-dui.jpg

So how did police handle the King near Long Beach DUI stop this time?

According to news reports: relatively smoothly. CNN reported this blow by blow: “A Moreno Valley traffic enforcement unit observed King commit “several traffic violations,” although he was not cited for speeding. After questioning King, a patrol officer noted King exhibited signs of behavior that might involve alcohol or drug consumption.”

King was asked to step out of the car and submit to a voluntary field sobriety test. He was “cooperative and compliant.” So no drama on either King’s part or the LAPD’s part.

Is that a sign that the LAPD has evolved or that race relationships have changed in the city?

Pundits can say what they will, but a single stop is a single stop. It’s hard to extrapolate patterns from single data points, as any good scientist would tell you.

It’s pretty amazing – given what King went through 20 years ago – that he managed to behave calmly and rationally. A Long Beach field sobriety test can be a very scary ordeal. You might be asked to engage in a series of physical and mental coordination tests, such as walk the line, finger to the nose, horizontal gaze nystagmus, counting backwards, and other balance tests. If you underperform – trip or stumble – officers might interpret your lack of coordination as a sign that you were indeed driving under the influence in Long Beach, and you could be arrested and charged pursuant to California Vehicle Code Sections 23152(a) or 23152(b).

And that’s just if you were stopped without any other complications, such as an accident, injury, hit and run, or other traffic infraction.

If you or someone you love got pulled over for Long Beach DUI, you may be bedazzled by questions, like:

• What is the best way to navigate the Southern California legal system?
• How do you build your best defense?
• How do you make sure that the police and prosecutors treat you fairly?
• How do you avoid making mistakes or giving statements that could compound your legal woes?

A Long Beach criminal defense attorney at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can help you understand what to do – and, possibly more importantly, what not to do. Attorney Michel Kraut spent over 14 years as a Senior Deputy District Attorney for the City of Los Angeles (a prosecutor of crimes like DUI), and he has a fantastic track record for developing strategic, effective, and aggressive defenses for DUI clients.

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What might happen if you got arrested and charged with driving under the influence in Pasadena six times in a single calendar year? warren-brooks-dui-6-times.jpg

What might that experience teach you?

Let’s not jump to conclusions. There is always the possibility that you were just unlucky. Or maybe a local police officer has it out for you because you two got into a bar fight once, and he hasn’t let the grudge go. It’s possible. But if you’ve been arrested and charged with DUI six separate times in a single year – like Greenville, South Carolina, resident Warren Brooks – maybe it’s time to have a serious heart-to-heart with a therapist to find out what’s at the core of your bad decision making and risky behavior.

That’s right – this actually happened to somebody.

Accordingly to WSOCTV.com (a South Carolina-based TV station website), Brooks was pulled over and arrested for DUI six times within a calendar year.

Here is a quote: “Brooks’ first driving the under influence charge occurred in August 2010. The second charge came in May. His third and fourth followed within two weeks. The fifth charge in June involved a hit and run, and he had to post higher bond amounts of $25,000 for DUI and $10,000 in the hit and run charge. The sixth DUI charge was in July, according to police reports and court records.” Greenville County Chief Prosecutor Walt Wilkins criticized Brooks’ behavior: “This is one of the most egregious cases that we’ve seen in a long time…obviously, he has an issue with alcohol.”

Brooks’ lawyer publicly stated that his client has never been in legal trouble prior to this spate of charges: “He is a very intelligent man…his life just spiraled out of control.”

Look, sometimes in life we face unlucky streaks: we make bad decisions often. That’s life.

Unfortunately for defendants, Pasadena DUI penalties ratchet up every time you are convicted of an offense. For instance, if you are a first time offender, you might face a misdemeanor. The consequence could be dire, but not end-of-the-world dire: 40 hours in jail, $1,000 fine on top of court costs, six weeks to nine months of DUI alcohol school, one year suspended license, mandatory installation of an interlock device in your car in some cases, and tough probation terms.

But if you are arrested for a second time, third time, fourth time, or, unbelievably, sixth time, the penalties become harsher. For instance, a fourth-time Pasadena DUI offender – someone who commits four DUIs within a 10-year span — faces a minimum of 180 days in a jail, just for a misdemeanor! Stack on: a four-year license suspension, 30 months of alcohol school, three year license suspension, and a variety of other punishments, including the possibility of escalating that misdemeanor charge to a felony.

Once you get on this rollercoaster of multiple charges and losing control in general, it’s hard to hit the metaphorical brakes in your life.

That’s why attorney Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is a strong advocate for strategic defense thinking. You need to think long term. It’s not just about getting yourself exonerated from, or minimizing, your current penalties. Yes, those are important. But your challenge is also about probing deeper, trying to identify the fundamental causes driving your Pasadena DUIs or criminal behavior, addressing those, rebuilding your confidence, and getting your life back on track. You don’t have to figure this out all on your own. A Pasadena criminal defense attorney can help you understand your rights and figure out what to do next.

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You might think that people who have been arrested for driving under the influence in Burbank or elsewhere in SoCal would be able to bond over their experiences. Especially if those two people were once friends and lovers. But that’s not always the case…lindsay-lohan-samantha-ronson-dui-spat.jpg

As this blog reported a few weeks ago, DJ and party girl Samantha Ronson got pulled over near Bakersfield and arrested for driving under the influence while en-route to LA from the city that never sleeps. According to Gather.com, Ronson allegedly called her ex-girlfriend, Lindsay Lohan – one of the most famous faces of all-time in the Los Angeles DUI blogosphere – expecting, possibly, consolation and commiseration.

Instead, allegedly, the “mean girl star turned mean for real and lambasted her former girlfriend, taunting her, calling her names, and laughing at her current misfortune. “Wow, you turned out to be a fine example…” LiLo sneered. “You think you would have learned something from all those hours of boring lectures you gave me!”

The Gather.com article said that the conversation between the exes was “loud” and “ended with Ronson yelling that she would never call her evil ex again and then slamming down the phone.”

Obviously, this story is a bit salacious. Ronson and Lohan were, at one time, tabloid staples. But the story illustrates a deeper truth about the Burbank DUI process. Specifically, surprises abound. You might expect one person in your life to be sympathetic, but be surprised to be met with scorn and opprobrium. Conversely, you might discover resources that completely change your life for the better, such as a strategically focused Burbank criminal defense attorney (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810).

The attitude with which you face your Burbank DUI charge can make all the difference. If you look at what’s happened to you – and the possible penalties you face – with a “woe is me” attitude, that’s not resourceful or productive, nor is it even entirely true.

This isn’t to say that you shouldn’t face up the reality, acknowledge the possibly paralyzing legal situation you are in and take positive and powerful action to fix your problems. But your arrest and charges can lead to self-growth and the cultivation of new and resourceful perspectives on your life. Yes, you might face surprising setbacks even after the surprising arrest. Like an ex-boyfriend, girlfriend, family member, or friend being far less than sympathetic and rubbing salt on your wounds.

But you also have the opportunity to change things and transform your life for the better. Connect with Burbank’s Kraut Criminal & DUI Lawyers to discuss your case in confidence with Harvard Law School-educated former prosecutor Michael Kraut and begin the process of constructively and resourcefully navigating your future.

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