Los Angeles DUI Attorney Blog

May 4, 2011

Los Angeles DUI Debacle – LAPD Officer Busted for DUI Near LAX

We expect LAPD officers to pull people over and arrest them for crimes like driving under the influence in Los Angeles; what we don’t expect is for police officers to speed the wrong way down the Sepulveda Tunnel on their motorcycles and then themselves get busted for misdemeanor DUI.

But that’s exactly what officer Joseph M. Bezak stands accused of.

Bezak’s saga illustrates that, just because you’re educated about the dangers of driving DUI in Glendale, DUI in Pasadena, DUI in Burbank, or DUI in LA doesn’t mean that you’re going to use good judgment all the time.

May 2, 2011

Beverly Hills DUI Drama No More (At Least for Christina Aguilera’s BF – Not So Much for Lindsay Lohan)

by Michael Kraut

Last week’s news about driving under the influence in Beverly Hills was not all about Lindsay Lohan – although the blogosphere did once again erupt in an avalanche of comments after Lohan got sentenced to serve her community service as a janitor at a morgue.

If you’re like most people, you’re probably sick and tired of hearing “Lohan, Lohan, Lohan” all the time – and you would like some more diverse stories about things like Glendale DUI, driving under the influence in Pasadena, Los Angeles DUI, and DUI in Burbank.

Some good news on the DUI front – at least for pop star Christina Aguilera, whose boyfriend, Matthew Ruthler, will not be charged with the crime of DUI. The Los Angeles County district attorney’s office rejected the prosecution’s case against Ruthler, citing insufficient evidence. To recap: on March 1, police pulled Ruthler over on suspicion of DUI. He blew a breathalyzer reading of 0.06% – 0.02% under the Beverly Hills DUI limit of 0.08%, as quantified by California Vehicle Code Section 23152 (b).

April 27, 2011

Beverly Hills DUI Lessons – Tampa Bay Buc Exec’s DUI May Hold Lessons for How to Contain the Problem

by Michael Kraut

Analysts and policy experts who look at the problem of driving under the influence in Beverly Hills (and elsewhere in the Southland) often examine data on a surprisingly superficial level.

In other words, it’s often a “quick fix” game – blame the driver, and get on with it. But a breaking story out of Tampa Bay suggests that, whether you’ve been arrested for DUI in Pasadena, Glendale DUI, Los Angeles DUI, DUI in Burbank, or DUI wherever else, you may have more than yourself to blame.

Not convinced? Read on…
37-year old Jayson Kaiser, an Assistant to the Head Coach of the Tampa Bay Buccaneers, got pulled over for DUI last Wednesday. There was nothing particularly newsworthy about the arrest, other than the fact that Kaiser works for the Bucs. News reports say that Kaiser had been driving a 2006 Hyundai when officers stopped him on West Osborne Ave. Kaiser exhibited a lot of signs that are typically associated with Beverly Hills DUI – such as slurred speech, bloodshot and glassy eyes, and odor of alcohol on his person. He said he hadn’t been drinking, and he refused both field sobriety and breathalyzer tests.

Kaiser’s car was impounded, and he was held on a bail of $500. A spokesman for the Bucs, Jonathan Grella, told reporters “we aware of matter and are in the process of reviewing it internally.”

So, Kaiser’s arrest is pretty standard stuff – nothing that regular readers of this blog haven’t read about a million times. But what’s interesting here is that, according to reports, Kaiser is actually the THIRD member of the front office/coaching staff of the Bucs to be arrested in one calendar year. In March, Shelton Quarles, a pro scouting coordinator got tagged with DUI. Last September, an Assistant Offensive Line Coach, Chris Mosley, got tagged for DUI. So, 3 DUIs on the staff within one calendar year! Is that a coincidence? Statistically, it certainly could be.

But it also suggests that potentially something culturally is going on here. Maybe the Bucs’ front office culture is “giving the green light” to driving under the influence somehow. This doesn’t mean that the men who got arrested shouldn’t have been more careful — or should somehow be exonerated because of the social influence factor.

But it does suggest that, if we really want to get to the heart of what causes motorists to drive DUI, we need to look beyond “blaming the individual” and examine the cultural influences that may be the root causes. The thinking is: if we can change what’s going on culturally, we may be able to tamp down on the number of arrests – and make our roads safer.

If you or someone you care about has been recently charged with the crime of driving under influence in Beverly Hills, a Los Angeles criminal defense attorney can be a crucial guide. Connect with the Kraut Criminal & DUI Lawyers in Beverly Hills at  9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. As a former prosecutor, Mr. Kraut has many connections and an in-depth knowledge and understanding of the Los Angeles prosecutors who will be working your case. Mr. Kraut is a Harvard Law School educated lawyer who is often called upon by media organizations like The New York Times, The Los Angeles Times, KTLA, and Fox News to provide his insights into breaking news in the Los Angeles DUI arena.

April 26, 2011

Los Angeles DUI Tragedy That is Lindsay Lohan… and What We Can All Learn from Her

by Michael Kraut

Last Friday, a judge made the call to sentence starlet Lindsay Lohan to 120 days behind bars for violating probation connected with her 2007 Los Angeles DUI bust. As one might predict, news outlets across the nation lit up with provocative (and at times unseemly) discussions about the “Freaky Friday” star’s punishments, which also include 480 hours of mandatory community service.

Perhaps no other story about Pasadena DUI, Glendale DUI, Burbank DUI, or Los Angeles DUI has come close to generating this many headlines – even Mel Gibson’s famous anti-Semitic tirade (connected with his 2006 arrest for DUI on the PCH) doesn’t compare. Why are people so fascinated by the starlet’s continued legal troubles? And what does her punishment for probation violation tell us about how DUI law?

Before we get into these thorny questions, we should mention that Lohan might even suffer more. In June, she’ll go to trial pursuant to charges that she stole a $2,500 necklace from an L.A. jewelry shop. Video of Lohan trying on the necklace has gone viral; and the jewelry store owner herself has received brutal press from fans of Lohan, who allege the owner is simply pressing her grand theft charges to drum up business and notoriety.

Nathan Folks, a producer friend of Lohan, expressed his dismay over the sentence: “(Lohan) wants to go to AA and NA and serve 400 hours…she has already been doing lots of charity work.”

Some bloggers have suggested that Lohan’s “Riches to Rags” tale attracts us because of its archetypal nature. In other words, it resonates with a kind of story that we are all used to – that of someone obtaining money/fame/fortune, then losing it due to some bugbear or fatal flaw. Often, there is redemption angle at the end of the story, where the hero (or in this case heroine) rises from the ashes of turmoil and flourishes again. Hopefully, Lohan will indeed get that “happy ending” and regain her stamina, stability, and positivity.

As for the legal implications – the case probably best illustrates that no one is above the law. Your Los Angeles DUI penalties will go up if you violate your probation, hurt someone while driving DUI, or commit multiple offenses (i.e. become a recidivist). Although a reputable and smart Los Angeles criminal defense attorney can help you escape some of the worst penalties and develop a plan to rehabilitate yourself – no attorney is a miracle worker. If, like Lohan allegedly has, you continue to flout the terms of your release/probation, the law eventually will catch up to you, and you will pay costs.

Fortunately, there are amazing resources out there that can help you. The Kraut Criminal & DUI Lawyers (offices in LA at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide a free and totally confidential consultation today. Michael Kraut is a former L.A. city prosecutor (senior deputy D.A.) – he uses his knowledge of prosecutorial tactics and his deep relationships to generate effective defense strategies for his clients.

April 25, 2011

Burbank DUI Breathalyzer Disaster – Alco-Sensor V Breathalyzers Found to Be “Erratic” – Hundreds of Cases Could Be Affected

by Michael Kraut

Last week saw some major breaking Burbank DUI news – the Ventura County District Attorney’s Office released memos showing that Intoximeter’s Alcohol Sensor V breathalyzer tests — used in the field between January 20 and March 31st this year — have demonstrated “erratic results.” The upshot is that many people arrested for crimes like Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI over past three months might have been victimized.

According to reports, an officer in the field discovered the defect in the new breathalyzers. He reported the problem, and the police quickly pulled the machines from the field (128 devices total – each one worth approximately $4,800!).

Further testing revealed that chilling the machines skewed their readings. Officers get four hours of training on breathalyzers before they use them in the field. Intoximeters Incorporated (a St. Louis Company) allegedly put the devices through pretty vigorous beta testing. But despite these precautions, serious design flaws persisted. Tragically, the flaws may have lead to the unjust arrests and convictions of many people in 2011.

As this Burbank DUI blog often points out, the legal limit (stipulated by California Vehicle Code Section 23152(b)) for driving under the influence in CA is 0.08% BAC. This means, in other words, if you blew into an Alco-Sensor V machine and got a reading of, say, 0.10% BAC, you might have been arrested for a crime you didn’t actually commit.

An experienced Los Angeles Criminal Defense Attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (offices in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), would point out that breathalyzers in general have far more flaws than the public typically knows about.

Men and women, for instance, process alcohol differently. Diabetics and dieters often produce chemical compounds known as ketones on their breath which can generate “false positives” on BAC tests. The devices may be poorly calibrated or misinterpreted. The devices may also malfunction under certain pressure and temperature conditions –witness what happened here with the Alco-Sensor V debacle.

This breathalyzer disaster also drives home how important it is for defendants to work with high-quality attorneys. When you are charged with a DUI, not only can lose your license, but you can also be slapped with penalties such as fines, court costs, jail time, mandatory probation, mandatory IID installation, and alcohol school. You may also face negative repercussions for your career and reputation.

Attorney Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers can speak with you about how and why you got pulled over for Ventura County DUI and explain your rights, responsibilities, and “best path” forward, so you feel more comfortable and secure about the direction of your defense.

April 22, 2011

Glendale DUI Penalty Shot – Florida Basketball Superstar Slapped with DUI in Gainesville

by Michael Kraut

Dan Werner, a former basketball player for Florida, got knocked with a DUI in Gainesville last week, and the arrest has echoed across the country – even Glendale DUI bloggers are talking about it. The 23-year-old Werner was pulled over because police noticed that one of his taillights had gone out and he had his high beams on. If you’ve been stopped for Glendale DUI, Burbank DUI, Pasadena DUI, or Los Angeles DUI, perhaps the police first noticed your vehicle because of something minor, like a taillight malfunction.

In any event, Werner argued that “his girlfriend was intoxicated” so he was driving her home. But authorities on the scene noticed that the former B-baller had “watery bloodshot eyes” and had also “consumed two alcoholic beverages” (quotes courtesy of the AP). Police officers also argued that Werner did not perform with grace on field sobriety tests.

But here’s where it gets interesting! (At least for analytical purposes.) The AP report on the arrests notes that Werner’s breathalyzer results were just 0.65% and 0.7%, respectively. Thus, his tests were under the Glendale DUI and Florida limit of 0.08%. Despite the fact that his BAC readings came in under the line, police arrested Werner and then released him last Tuesday on his own recognizance.

You might be surprised to learn that, even if you blow a negative on a Glendale DUI breathalyzer test, you can still be arrested and charged with a crime. The California vehicle code has two basic laws regarding DUI. Section 23152(b) defines DUI as driving with a BAC of 0.08% or greater. But 21352(a) defines the crime slightly differently – if you are under the influence of alcohol, even if you’re not above the limits stipulated in Section (b), you can still be hit with a crime. It’s an unfortunate reality, but it is the reality.

The big question facing people charged with Glendale DUI is: what do you do next?

Although the law provides you with ample opportunity to defend yourself – you can also work with a public defender – experts suggest that you’d be better off retaining an experienced Los Angeles criminal defense attorney.

The stakes for DUI defendants are high. If you put up an inadequate or underadequate defense, you could face jail time, fines, fess, driving restrictions, mandatory education classes, and a host of other penalties. Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers (Offices in Glendale at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide excellent strategic guidance. Mr. Kraut is not only Harvard Law School educated former prosecutor but also a master of jury trials – he has a fantastic success rate, and he is ready to go to trial to defend your interests, if need be.

April 20, 2011

Long Beach DUI Twofer – GOP’s Kittle Avoids Jail Time… and a Big Controversy over the Royal Wedding!

by Michael Kraut

Long Beach DUI blogs, like this one, typically don’t stretch to include extraneous news events, like the April 29 royal wedding in Britain. But some interesting controversies regarding the wedding plans may shed light on crucial issues relevant to anybody who has been tagged for Los Angeles DUI, driving under the influence in Burbank, driving under the influence in Pasadena, Glendale DUI, and so forth.

Before we get to the main event, let’s briefly recapitulate a breaking story out of Hamilton County, Indiana. Last Tuesday, James Kittle, the 67-year-old former head of the GOP in Indiana, pled guilty to a misdemeanor DUI charge and managed to avoid jail time.

According to news reports, Kittle got arrested in mid December 2010 in Carmel. Not only did he fail a field sobriety test, but he also blew a 0.10% on a breathalyzer – as our regular readers know, Long Beach DUI breathalyzer results of 0.08% or higher will be enough to get you arrested for the crime of DUI pursuant to California Vehicle Code Section 23152(b). Kittle stepped down as the Indiana Republican Party chair in 2006 – he had been considering trying to re-up, but his arrest put a crimp in those plans.

Meanwhile, the Huffington Post reported on April 12th that the royal wedding may “serve as a rehearsal for Queen’s funeral.” HuffPo quotes an unnamed royal aid in the British paper, Express: “obviously we all hope such a sad event will be a long way off – Her Majesty may be 84, but she is in very good health…(nevertheless) we need to rehearse logistics and timing for what will be a huge ceremony. It may seem odd to think about his grandmother’s demise at the same time as William’s wedding, but having all these diplomats and VIPs in London on April 29 makes it sensible to run through the procedures and things like seating plans.”

Wow. It’s definitely a little bit macabre. But it’s not the only strange aspect of the wedding – another wrinkle, which may be relevant to the Long Beach DUI blogosphere, albeit very indirectly, has to do with the bride-to-be’s mother’s diet. The Dukan diet – a French concoction that emphasizes low carbohydrate, high protein, low fat — is a fad diet that’s sweeping not only Britain but also the United States. It differs from other low carb diets, such as Atkins, because it emphasizes high protein instead of high fat. Without delving into the debate over which method is safer or better, individuals who are on the Dukan diet may want to take extra care when driving along the freeways and surface streets around Long Beach and LA.

When you restrict carbohydrates in the diet, as we discussed in a post last week, your body can produce chemicals called ketones. These chemicals can show up on your breath and skew your breathalyzer readings, as Protein Power’s Dr. Michael Eades and other experts on the subject of carbohydrate restriction have discussed. The moral here is: if you’re trying to emulate the princess-to-be’s mom’s weight loss by going on the Dukan diet, be on the lookout for this potential problem. If you do get pulled over, for whatever reasons, your breathalyzer results may be way off.

For help developing a defense to a DUI charge, connect with a Los Angeles criminal defense attorney. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) would be happy to discuss your situation. Trust this former prosecutor to give you excellent, actionable advice, and help you build a strategy.

April 18, 2011

Los Angeles DUI Blog Discusses the Upcoming Royal Wedding

by Michael Kraut

The last place you think you’d look for an analysis of the upcoming royal wedding between Prince William and his betrothed, Kate Middleton, is a blog devoted mainly to conversations about driving under the influence in Los Angeles. But with literally every single news organization – from the largest papers in Britain and the U.S. to the smallest “two bit” blogs here and abroad — focused on the upcoming nupitals on April 29th, we thought it would be an interesting departure from standard news about Glendale DUI, Pasadena DUI, Burbank DUI and Los Angeles DUI, to review some highlights from what promises to be one of the most gala celebrations of 2011.

One article last week in the U.K. Paper Metro, noted that the street party after the royal wedding will need to be insured for a whopping 5 million pounds. According to Metro, seven different street parties have been approved following the ceremony… and David Cameron himself got into a minor battle with local authorities about whether or not street parties should proceed.

Meanwhile, the Los Angeles Times reported about royal wedding etiquette and dress. Here are some interesting details from that article:

• “There’s a 22 page royal etiquette book explaining some key do’s and don’ts for the big day”
• “If you intend to wear a top hat, make sure to take it off inside the church”
• Simon Cowell (of American Idol fame) is not invited

Lastly, the BBC reports that half a million people will be journeying to London to watch Prince William and Kate Middleton tie the knot. The BBC reports that, back in 1981, the Prime Minister himself slept outside Buckingham Palace the night before the royal wedding just to get a peak. London will no doubt have a lot of logistical preparations to handle this enormous crush of people.

For those of you who lack any connection with the outside world, the wedding will take place on Friday the 29th at 11 AM in Westminster Abby.

Frivolous details about the royal wedding aside, however, let’s quickly review some crucial information about Los Angeles DUI penalties. Not to put a damper on the celebratory mood, but if you do get arrested and convicted of Los Angeles DUI, the court can impose an incredibly diverse array of punishments. Here are just a few:

• Significant jail time
• Fees, fines, and other costs
• Force you to install an interlock ignition device in your car
• Mandatory alcohol school
• Community service
• Difficult probation terms
• License suspension
• Many more penalties

To construct an appropriate defense – whether you stand accused of a complicated injury DUI charge or a simple misdemeanor DUI — Los Angeles criminal defense attorney Michael Kraut can help you simplify your defense strategy. As a former prosecutor (Senior Deputy District DA for LA, to be more specific) and Harvard Law School educated attorney, Mr. Kraut has both the experience and the knowhow to deliver exceptional service. The Kraut Criminal & DUI Lawyers is located at  6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

April 13, 2011

Pasadena DUI Debacle: Montana Judge Who Oversees DUI Court Charged with Driving Under the Influence of Drugs

by Michael Kraut

If you’re caught driving under the influence of alcohol or drugs in Pasadena, and you’re a normal citizen (or a sports star or celebrity), chances are, you will receive your fair share of censure from friends, family, and even the public at large.

But if you’re a judge whose job it is to oversee a DUI court, prepare to be roasted. Judges and lawyers who specialize in DUI in Pasadena, DUI in Glendale, DUI in Burbank, and Los Angeles DUI are (and should be) held to a higher general standard of behavior. Unfortunately, as we will see in this blog post and a related post later this week, even people like judges and attorneys can make grievous driving errors that can have profound consequences for their careers.

To wit, let’s turn our attention to the story of Robert E. Lee (his real name), a justice of the peace in Butte, Montana. He was arrested in November 2010 for driving under the influence of drugs. An AP article last Friday recapitulated the justice’s strange November day.

On November 13th, Lee drove to the Butte Silver Bow County Courthouse and asked officers to let him in because he needed to perform duties at a wedding. According to testimony, “Lee appeared confused and under the influence of alcohol or drugs.” Lee had parked his vehicle in a handicapped zone behind the Courthouse, and investigators found his credit cards and driver’s license scattered on the ground. Suspicious, police asked the judge to perform a field sobriety test, which he failed. The judge later was asked to take a blood test; this test revealed the presence of methadone, and opioid medication designed for anti-anxiety purposes. Officers later found an empty bottle of methadone at the judge’s house – according to the AP: “the 60 tablet prescription had been filled 9 days earlier.”

If you’re arrested for drug related DUI in Pasadena (or elsewhere in Southern California), you can face serious consequences, including prison time, license suspension, strict probation terms, massive fees and fines, and a general degradation of your professional reputation – particularly if you’re a DUI Judge. Since Lee’s charge was a misdemeanor, he should be able to remain on the bench – though it’s not clear whether he will continue to be allowed to set up the DUI court.

Do you or someone you care about need assistance from a Los Angeles criminal defense attorney to battle charges of Pasadena DUI? If so, consider connecting with former Deputy District Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (located conveniently in Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut can give you the guidance and compassion you need to make headway against your charges. He has a fantastic record at jury trials, a deep understanding of LA DUI law in both theory and practice, and a reputation for getting results for his clients even in extremely difficult circumstances.

April 11, 2011

Burbank DUI Shocker: Attorney Arrested for Driving Under the Influence

by Michael Kraut

If you’ve been stuck on Victory Boulevard or Burbank Boulevard in heavy traffic, chances are you’ve had the opportunity to gaze at billboards for lawyers who specialize in Los Angeles DUI and criminal defense. Whatever you feel about the attorneys who put up these ads, you’d think they’d know enough to stay out of trouble themselves.

Unfortunately, even legal professionals, judges, police officers, and law makers who encode the laws for Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI can lose their bearings and get into trouble with our state’s anti-DUI laws.

Although say today’s blog post is about an event out of Orange Country, Florida, its implications for DUI defense are pretty universal. Let’s take a look:

A Florida DUI lawyer had been returning home with a companion, when the companion ran a red light and got stopped by a police officer. The attorney pulled over to check on his friend. As he walked over, the officer noted that lawyer appeared to be stumbling; he suspected the attorney of driving under the influence.

According to the attorney’s report, he had indeed imbibed two drinks over the evening. But he vehemently denied that he was over the South Florida (and Burbank DUI) limit of 0.08% BAC. “[The attorney] brushed off the officer’s allegation as absurd: ‘How can you see one staggering when you’re walking through a grassy median makes no sense.’

The attorney refused to take a field sobriety test but agreed to take a blood test. But when he arrived at the Orange County jail, he was not offered a blood test. According to Allen Moore, a spokesman, the jail does not conduct blood tests. The attorney, a former Sheriff’s Detective, made a $500 jail bond and left jail just after 9 am.

Was the attorney treated fairly by police? Without deeper analysis of what happened, it’s impossible to say. News reports like these often unwittingly bias readers one way or another – as with any Burbank DUI situation, the only way to really get at the truth is to engage in a long and discerning probe of the evidence and testimony.

Unfortunately for the attorney, irrespective of whether he can vindicate himself and clear his record, his business may suffer. He contends that the officer who arrested him knew him by name, and that that’s why the arrest occurred. Here’s exactly what he said: “100%, the facts will show that [he] was not impaired while driving. He was not even cited for any traffic violations, had stopped to assist another motorist, a friend, and then was detained by an overzealous OPD officer they knew me by name and immediately detained me.”

The major takeaway here is that DUI arrests can be scary, no matter how well you know the law, and no matter how trained you are. To get over that feeling of overwhelm and anxiety, consult with a Los Angeles criminal defense attorney with a great record at jury trials, and lots of experience as a former prosecutor. Connect with Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers in Burbank at  2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810 to get a free and completely confidential consultation about what to do next.