Los Angeles DUI Attorney Blog

May 30, 2011

Los Angeles DUI For Estella Warren Complicated by Charges of Hit and Run, Kicking a Cop, and a Felony Escape!

Most celebrity arrests for driving under the influence in Los Angeles are relatively pedestrian as far as the details are concerned. Yes, you can occasionally find salacious stories – such as Mel Gibson’s famous anti-Semitic rant or Lindsay Lohan’s notorious probation violation situation. But most celebrity arrests are simply workaday examples of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI.

Not so for Planet of the Apes star and model, Estella Warren, who was arrested last Monday. Her arrest took multiple bizarre twists. The following details are cribbed from an E-online news report:

• Ms. Warren drove into three different trees before getting pulled over for DUI.
• After police caught her, she literally kicked one of them.
• She failed a Los Angeles DUI field sobriety test – in the words of the E-online reporter, “go figure”…but that wasn’t the end of her adventure.
• During her booking, Ms. Warren slipped out of her handcuffs (helps to have really thin “model” wrists, apparently) and tried to flee the police station. Officers quickly apprehended the Sports Illustrated Swimsuit Model and tacked on yet another charge – felony escape.
• She was booked as being aged 40 years old… when she has publicly declared herself to be just 32.
• Due to the hit and run, escape attempt, and other factors, Ms. Warren’s bail was set at a whopping $100,000.

So what are the lessons we can learn from this escapade?

First of all, if you’re looking to try to pass your field sobriety tests (such as horizontal gaze nystagmus test, finger to the nose test, counting backwards by 3s, etc.), it’s probably a good idea to avoid actively kicking or assaulting the officers conducting the tests on you.

Secondly, Ms. Warren’s post-arrest hysterics illustrate clearly that your behavior following an arrest can have profound ramifications for your potential sentencing. The more charges you rack up, the more difficult it will be for your Los Angeles criminal defense attorney to develop and push forward a strategic defense for you. Even if you manage to get the hit and return DUI dismissed or at least plead down to a lesser charge, you will still have to face other charges from your continued misbehavior – in Ms. Warren’s case, for instance, the felony escape charge.

All that said, facing a Los Angeles DUI charge is neither easy, nor simple. And you may face a surprising amount of hostility – whether you are a celebrity or not – not only from the popular press but also possibly from friends, colleagues, families, and even yourself. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can give you practical, immediate assistance building a defense. As a former prosecutor of DUI crimes, Mr. Kraut understands how the lawyers working against you think and what motivates them – and he has a stellar record at jury trials and great relationships with people in the legal community.

May 25, 2011

Glendale DUI Doozy – DUI Cabbie Drives Wrong Way on Freeway; Fortunately, He Didn’t Kill Anybody

by Michael Kraut

The crime of driving under the influence in Glendale (or anywhere else, for that matter) is serious enough. But when DUI drivers compound their problems by doing things like driving the wrong way on the freeway, accidents can happen far more easily – and these accidents have a far greater likelihood of leading to fatalities.

Not all the scary California DUI news has to do with Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI events – stuff that this blog normally tries to cover. Sometimes, our neighbors in the northern CA also get into trouble. Case in point, Mercury News is reporting on a terrifying story about a 57-year-old taxi driver, Steve Sharek, who drove his cab up an off-ramp onto Highway 1 – a misadventure that ended in a significant accident (although, fortunately, not a fatal one).

Here’s the story, per mercurynews.com: “About 1:50 P.M Monday, Sharek drove a taxi up an off-ramp at State Park Drive in Aptos to southbound Highway 1 in the wrong direction, the CHP said. The driver apparently realized his error and made a U-turn…by that time, a 57-year-old Aptos woman in a white, 1994 Toyota Avalon slammed on her breaks (and slammed into a 2001 Chevrolet Suburban).”

Fortunately, both the Aptos woman and the driver of the Suburban escaped without significant injuries, at least according to news reports. After his U-turn, Sharek attracted the attention of CHP officers, who pulled him over and arrested him under suspicion of DUI.

Most defendants understand that charges of injury DUI in Glendale may be more significant than simple Glendale DUI charges. But how different, exactly, are these crimes?

If you look at the California Vehicle Code sections that describe these crimes, you might not see much of a difference… at first.

A typical misdemeanor DUI, for instance, might be charged pursuant to CVC 23152 (a) or 23152 (b); whereas a typical injury DUI would be charged under CVC 23153 (a) and 23153 (b).

If you glance at these CVC codes quickly, they look basically identical!

But there is an enormous, profound difference. A 23152 charge is generally a misdemeanor – a serious crime, to be sure. But a 23153 charge, on the other hand, is a felony charge. Convicted felons can wind up with extensive prison sentences. So even if the person you hurt in your DUI accident wasn’t “that hurt,” you could still find yourself a felon if the prosecution manages to convict you under 23153 CVC.

A Los Angeles criminal defense attorney (for example, Mr. Michael Kraut of Glendale’s Kraut Criminal & DUI Lawyers, located at: 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide timely, effective, and strategically sound help. Attorney Kraut is not only a well-recognized former prosecutor of Los Angeles DUI crimes, but he is also regularly sought out by trusted media organizations like KTLA News, The New York Times, and Fox News, to discuss important breaking news in the Los Angeles DUI arena.

May 23, 2011

Pasadena DUI Implications of Vermont DUI Breath Test Failures?

by Michael Kraut

Those who cover Pasadena DUI stories often set their sites on parochial stories – that is, police blotter news items about things like Glendale DUI, Burbank DUI, Los Angeles DUI, and Pasadena DUI. But it’s often helpful to analyze national news as well to get perspective on how the goings on in other states might have bearing on the politics, science, and legal philosophy of Southern California DUI defense.
 Regular readers will remember that we have been closely following reports a few months ago on the revelation that many San Fernando DUI breathalyzer tests used from January to March this year had been compromised by technology flaws. Well… it turns out that Southern California DUI breathalyzer tests are not the only broken breath tests out there this year.

Check out this breaking news out of Montpelier, Vermont of all places (quote comes from the AP): “A mistake in the software setup on a breath analysis machine and whistle-blowers’ complaints about unethical lab work threaten dozens of drunken-driving prosecutions in Vermont. At issue are breath tests performed by a DataMaster DMT machine at a Vermont State Police barracks that authorities say was not set up properly. Amid a broadening inquiry by two defense attorneys, dozens of criminal convictions could be reopened and a handful of civil license suspensions are being overturned.”

The AP article also mentions that literally hundreds of DUI cases may be reopened and reevaluated because of other Vermont Department of Health machine maintenance problems.

Despite the snafu out of Vermont and the problems that we reported about here in Southern California, it’s unlikely that police officers and the public will seriously reconsider the efficacy of breath tests.

This is, in a word, frustrating. No matter how often blogs like this report on the potential technical glitches, human errors, and other problems that can distort readings and cause false positives (such as ketones on the breath, the fact that men and women process ethanol alcohol differently, the fact that the depth of the breath that you blow into the machine can alter BAC results, etc.), we still collectively give breath tests way too much “trust.”

An experienced Los Angeles criminal defense attorney can review the breath test that officers conducted on you and determine if and how to challenge those results. Michael Kraut (of Pasadena’s Kraut Criminal & DUI Lawyers – 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the facility and familiarity with DUI law you need. Mr. Kraut served for nearly 15 years as a prosecutor for the city prior to representing defendants of DUI crimes. He has a great track record at jury trials, and he has won the respect of peers in the legal community.

May 18, 2011

Glendale DUI Brouhaha Brews in Senate over Google and Apple Apps

by Michael Kraut

Mobile apps designed and provided by the likes of Google and Apple can “yield up” the locations of Glendale DUI checkpoints (and DUI checkpoints throughout the US). These apps have raised the hackles of lawmakers. Last Tuesday, a US Senate Subcommittee held a hearing with Apple’s VP of Software Technology to discuss the legality of apps that can alert drivers to checkpoints for Glendale DUI, Burbank DUI, Los Angeles DUI, Pasadena DUI, and so forth.

Two of the most popular apps are Buzz’d and Fuzz Alert. Senator Chuck Schumer lashed into the software execs about these apps in particular, saying that they “really only have one purpose” – to clue drivers into where police stakeouts might be. Schumer did not mince words. He told Alan Davidson, the Director of Public Policy for Google: “I hope you that you narrowly look at this app. You agree that it is a terrible thing, and it probably causes death.”

Apple defended itself by saying that the apps often just publish data in real time that the police department themselves put out. Schumer and others countered that this argument qualified as a “weak read” and challenged the software company to admit that the apps essentially are designed to help people violate laws like California Vehicle Code Action 23152(a) and 23152(b).

Likely, the debate over the legality and general fairness of apps like Fuzzed and Buzz Alert has only just began. One question that seems to have eluded the Senator is: “Should drivers really be using their mobile devices while driving in the first place?” After all, as this blog has documented many times over, some evidence suggests that driving while talking on cell phones – especially while texting – can be as dangerous as or perhaps even more dangerous than driving under the influence in Glendale or elsewhere.

Irrespective of how the police stopped you for DUI (checkpoint, roadside stop, etcetera), you would like the services of a highly reputable Los Angeles Criminal Defense Attorney to work out a plan for your defense. The Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) is dedicated to serving defendants through meticulous preparation and strategic planning. Lead counsel, Attorney Michael Kraut, is very experienced – he spent nearly 15 years as a prosecutor for the city before “switching over” to represent defendants. He is widely considered to be an expert in Los Angeles DUI Law, and he has appeared on KTLA, Fox News, and other media to discus and analyze critical DUI cases.

May 17, 2011

Burbank DUI is Not the Worst Thing That Could Happen to You. You Could be Charlie Sheen…

by Michael Kraut

Obviously, no one wants to get arrested and charged for a crime like driving under the influence in Burbank or elsewhere in the Southland (e.g. DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles, et cetera). But it’s helpful to put your problems in perspective.

Consider the plight of the fallen-from-grace TV/Movie actor Charlie Sheen, whose “winning” escapades have been well documented in the celebrity tabloids and gossip blogosphere. Last week, Sheen found out that heartthrob Ashton Kutcher may be taking over his marquis role on the CBS series Two and a Half Men. During Sheen’s public meltdown this past several months, he has made some pretty acerbic comments regarding his past associates and friends. So it was not surprising to those who have followed the Sheen drama to discover that the former Wall-Street star was, shall we say, less than thrilled about the prospect of a Kutcher takeover.

Many commentators, including celebrity addiction specialist Dr. Drew, have hypothesized that the troubled actor’s problems may stem in part from chronic drug and alcohol abuse. It’s very difficult to adduce precisely how pharmacologically active compounds will influence the human brain. Although scientists have conducted some studies to examine how, for instance, marijuana smoking impacts judgment and reaction times; these studies are far from conclusive. This allows wild speculation to flourish not only among the punditocracy but also among addiction experts themselves.

If Charlie Sheen did “X” amount of drugs, what impact might that have on his brain? On his behavior? On the possibility of his getting his Two and a Half Men role back from Kutcher? The answers really are very difficult to say – and not just because Sheen’s public persona has been so tempestuous and difficult to understand. In fact, different drugs – and combinations of drugs – have wildly different effects on different people’s brains at different times.

Thus, if you’ve been pulled over and charged with a drug DUI in Burbank (or elsewhere), one of the first things that you and your Los Angeles criminal defense attorney will likely discuss will be the details of the arrest and what you did/consumed on the day/night of the arrest. Your personal history with drugs and alcohol; how your body and brain typically process these substances; whether you’ve been arrested in the past and for what; and what tests were used by the police can all have an enormous bearing on your potential defense.

Attorney Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can speak with you about how to develop and follow-up on the most appropriate and efficient defense. Mr. Kraut has a peerless reputation as a Los Angeles DUI expert – he is often called upon by major media to weigh in on breaking LA DUI news, and he served almost 15 years as a prosecutor for the city before choosing to “switch sides” and start representing criminal defendants.

May 16, 2011

Pasadena DUI Sports News: Ravens’ Sergio Kindle Pleads Guilty to DUI Charge, Gets Probation

by Michael Kraut

Driving under the influence in Pasadena with a blood alcohol concentration of 0.17% – more than twice the legal limit – is very likely to get you into trouble.

If you doubt this notion, just talk to Ravens’ rookie linebacker Sergio Kindle. The 23-year pled guilty last Tuesday in a case stemming from a December 2010 arrest. Police pulled Kindle over the day after Christmas on Interstate 95 and later tested him at a county detention center to discover that he had a BAC of a whopping 0.17%. That’s easily enough to constitute DUI in Pasadena, Glendale DUI, Burbank DUI, or Los Angeles DUI.

According to a Washington Post blog report on Kindle’s guilty plea, the linebacker will get two years of unsupervised probation and mandatory treatment and self-help meetings. If he violates the terms of the probation, Kindle could face nearly a full year behind bars. If the judges in Maryland take DUI probation violations as seriously as the judges do here in Los Angeles (ask Lindsay Lohan!), Kindle has plenty of motivation to reel in his behavior. The judge in this case allowed the probation because Kindle demonstrated “positive steps” during his rehabilitation. He spent five days in a facility in Owings Mills to get treatment for alcohol abuse, for instance.

Kindle also issued a statement of contrition during the hearing: “I am very remorseful for my actions. I am held to a higher standard and people look up to me. I see that it’s a problem and I am here to get it treated. I want to continue to address this as long as need be.”

When someone gets pulled over for DUI in Pasadena, the police will often subject them to tests known as Field Sobriety Tests, or FSTs. These involve observations, analyses, and physical and mental challenges to help the officers ascertain whether or not you are under the influence.

One of the first tests is something called a horizontal gaze nystagmus test. A police officer will test the motion of your pupils by flashing a flashlight in your face, for instance. Delayed pupil response may indicate that you are DUI. Other tests could involve balancing on one leg, tilting your head backwards, pacing back and forth across a white line, and even extending your arms in both directions, then closing your eyes and then trying to touch your nose with the tips of your fingers. Police may ask you to recite the alphabet backwards or count backwards. And your results in the tests may be combined with other kinds of assessments – if you are visibly intoxicated, stumbling, uncoordinated, smell like alcohol or admit to having consumed alcohol, the police will be more suspicious that you are actually DUI.

A Los Angeles Criminal Defense Attorney – such as Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you respond in a smart and proactive way to the charges against you to help you save your license, potentially avoid jail time, and regain a modicum of relaxed control of your life.

May 13, 2011

Los Angeles DUI for Rick Springfield: “Jessie’s Girl” Crooner Stopped in Malibu in His Corvette

by Michael Kraut

Last Sunday, while the entire world and possibly part of our space was focused on the breathtaking mission in Pakistan that resulted in the killing of Osama Bin Laden, some critical celebrity Los Angeles DUI news occurred that’s only just beginning to nab the attention of the blogosphere. Rick Springfield, the rock singer best known for his 1980s hit “Jessie’s girl,” was stopped around 8 o’clock in the evening on the PCH in his 1963 Corvette. Per a press release from the LA Sheriff’s Department, Springfield blew a breathalyzer test result of 0.10% BAC – as our readers know, any BAC reading of 0.08% or above can constitute DUI in Los Angeles, Burbank DUI, Glendale DUI, Pasadena DUI, etcetera.

According to a Los Angeles Times article on the story: “Sheriff’s deputies pulled over the soap-actor-turned-crooner in his 1963 Corvette around 8 pm, making the traffic stop near Pacific Coast Highway and Trancas Canyon Road… it was unknown what Springfield did that caught the deputies’ attention.”

After being arrested and brought to the Malibu/Lost Hills police station, the singer paid out a $5000.00 bond and secured release at 2 in the morning. (Incidentally, this was the same police station where Mel Gibson was held after his notorious anti-semitic rant and DUI in Malibu experience five years ago.)

Students of Los Angeles DUI law understand that different California vehicle code sections can apply, depending on the nature and circumstances of your arrest. Typically, traditional misdemeanor DUIs are charged pursuant to California vehicle code sections 23152(a) and 23152(b). But DUIs with injury can be charged according to two similar sounding but ultimately very different sections – 23153(a) and 23153(b). Even though there’s only one number different – a 3 instead of a 2 – do not be fooled! An injury DUI can result in the elevation of a misdemeanor charge to a felony count. Convicted felons can face significantly more jail time and higher penalties – they can also lose the right to franchise (vote) and have a much harder time re-acclimating to normal society after a prison sentence.

You don’t need to do serious bodily injury to another person to get a hit with a 23153(a) or 23153 (b) charge, either. That’s why it is so important – whether you hurt someone or not – to talk to an experienced Los Angeles criminal defense attorney about your strategic possibilities.

The Kraut Criminal & DUI Lawyers’ Michael Kraut (based in Los Angeles at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide calibrated, intelligent strategic advice. Mr. Kraut understands prosecutors because he actually was one of them – for 14 plus years. He is a Harvard educated attorney who often appears on the media to discuss Los Angeles DUI matters (e.g. New York Times, Fox News, KTLA, etc). Mr. Kraut can work with you to devise and follow through on an appropriate defense.

May 11, 2011

Burbank DUI Celebrity Drama Unfolds – Desperate Housewives’ Star Whapped with DUI: His Judge Father Apparently is Not Pleased

by Michael Kraut

This past week was very busy in terms of Burbank DUI and Los Angeles DUI celebrity news. An Atlanta Braves’ minor leaguer, Derrick Lowe; Notre Dame’s wide receiver, Michael Floyd; and crooner Rick Springfield all made big splashes. But second to Springfield’s arrest, the biggest Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI news had to have been the arrest of Ricardo Chavira, the Desperate Housewives star whose character is married to actress Eva Longoria’s character Gabny on ABC’s hit show.

According to various reports, Chavira was pulled over early morning on May 3rd – around 2:20 AM. Radar Online reported: “Chavira was released from the Van Nuys jail Tuesday morning after posting $25,000.00 bail. He refused to take a blood alcohol test after he was pulled over…” The 39-year old’s wife, Marcea Dietzel, had to make a difficult telephone call to Chavira’s dad, Texas Judge Juan Antonio Chavira, who told Radar online: “I had a got a call from my daughter-in-law to tell me that my son had been arrested for DUI this morning.”

Sounds like someone’s in for a difficult conversation with his dad.

Some motorists who get pulled over under suspension of DUI in Burbank often reject the breathalyzer test. Why? Aren’t breathalyzer tests pretty accurate?

If you listen to common lore, then yes. But if you actually look at the science – the objective analyses of breathalyzers – then that certainty you feel about their efficacy should melt away. Breathalyzers can give accurate BAC readings, but they can also be wildly off. For instance, as this blog has reported, certain conditions, such as diabetic ketoacidosis, can lead to very inaccurate readings. Essentially, chemicals on the breath called ketone bodies can throw off the breath test and lead to false positives. The depth of your exhale into the machine can also have a huge influence on the reading. This is often why police officers will tell you to take a deep breath into the machine instead of a shallow one. Shallower breaths will include less alcohol by volume and thus lead to lower BAC readings.

Officer errors, poor calibration, and differences among devices can also lead to confusion. An experienced Los Angeles criminal defense attorney can effectively challenge breathalyzer test results and leverage other legal resources and tools to help you defend against charges.

Attorney Michael Kraut (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) has won plaudits not only from clients, but also from professionals like prosecutors and judges, for his keen judgment, superior record at jury trials, and compassionate and sensitive handling of cases.

May 9, 2011

More DUI in Long Beach Sports News – Another Major Leaguer, Shin Soo Choo, Cited for DUI

by Michael Kraut

Not EVERY sports celebrity has been pulled over on charges of driving under the influence in Long Beach (and elsewhere) this year. But it sure seems that way, sometimes, doesn’t it? The sheer number of sports celebs who’ve been tagged in 2011 for driving under the influence in Burbank, Glendale DUI, Pasadena DUI, Los Angeles DUI, etc, is, in a word, disconcerting.

The latest big sports related DUI arrested occurred last Monday morning, when Shin Soo Choo, an outfielder for Cleveland Indians (the MLB’s best team, currently) got arrested for DUI in Sheffield Lake, Ohio. USA Today reported that Shin Soo Choo became “the sixth major leaguer cited for a possible DUI this year… he joins Detroit’s Miguel Cabrera, Seattle’s Adam Kennedy, Cleveland teammate Austin Kearns, Atlanta’s Derrick Lowe and Oakland’s Coco Crisp as players arrested on suspension of DUI.” Is it just quirky that so many sport celebs have been arrested for DUI? Or are quirks becoming the norm this year?

Here is an argument for the second interpretation: A Connecticut women actually delivered her child at a DUI checkpoint! This story comes courtesy of www.whac.com: “Bethel and Trevor Hairston were in their Plainfield, Connecticut home Saturday night when Beth went into labor. When they hit a DUI checkpoint, Trevor tried to roll through it… “I kind of did a California role. I didn’t really stop, but I just rolled up the window and said ‘my wife is in labor, we’re going!’… a police officer got into the car with them to help to deliver the baby. Ten minutes after stopping at the checkpoint, baby Christian Hairston was born at exactly 1 am in the passenger seat of the Hairston’s car.”

So, we’ve got lots of sports stars getting arrested for DUI, a couple giving birth at a DUI checkpoint, but no additional lawnmower DUI arrests (at least according to a recent scan of Google News).

The symptoms of Long Beach DUI often mimic “symptoms” of other conditions – such as fatigue, stress, disease/exhaustion, and yes, even pregnancy. If an officer notes that you seem shaky, wobbly, disoriented, uncoordinated, unable to explain where you’ve been, nervous, agitated, etc, he or she will be more suspicious that you might be DUI. But as the story about the Hairstons proves, not everyone who acts oddly – for instance, rolls through a DUI checkpoint – is breaking the law or even fractionally intoxicated.

To develop a smart defense to charges against you, connect with a Los Angeles criminal defense attorney, like Long Beach’s Michael Kraut (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Although Mr. Kraut cannot guarantee that your charges will be dismissed or reduced, he can leverage his 14 plus years as a former prosecutor, excellent record at jury trials, deep relationships with prosecutors, and strong knowledge of Los Angeles DUI law to improve your odds of getting good results.

May 6, 2011

Glendale DUI Sports News – Coach Dikta’s Son Stopped for DUI in Deerfield Illinois

by Michael Kraut

Most incidences of driving of under the influence in Glendale have nothing to do with the game of football. Perhaps it’s because Los Angeles simply doesn’t have a professional NFL team. (The Chargers don’t count, folks.)

But more than any story about Los Angeles DUI, Burbank DUI, DUI in Glendale, or DUI in Pasadena last week, one sports-related DUI incident has caught the attention of fans throughout the Southland – Michael P. Ditka, the son of the famous Chicago Bears coach Mike Ditka, got stopped on April 20th for driving under the influence.

The Deerfield police report claims that Ditka’s black Hummer had been running in a parking lot with its headlights on. Ditka later protested: “I was not driving the car… I was parked. The keys weren’t even in the ignition. I plan on pleading not guilty.”