Los Angeles DUI Attorney Blog

April 8, 2011

Glendale DUI “Yikes” Situation – Two Women Zapped With DUI in the Same Car

Every once in a while, a case of driving under the influence in Glendale (or elsewhere) is so odd that you’re left scratching your head. Huh? Is that really possible?

Events that prove exceedingly rare – such as “hitting for the cycle” in baseball or a “blue” moon (two full moons in one month) — attract our attention because of their novelty and because, perhaps, of our innate capacity as human beings to get superstitious over eccentric events.

In any event, getting arrested for driving under the influence in Los Angeles, DUI in Glendale, Pasadena DUI, or Burbank DUI in and of itself is not a particularly unusual event. Thousands of drivers (including celebrities and sport stars) get stopped every year for said crimes.

But two women in Vermont got hit with DUI charges last week in a very, very rare situation. 22-year old Caryn Pletzer and 25-year old Ashley Griffin got snagged for DUI in Vermont on I-89 in the small town of Williston, the Saturday night before last. Pletzer had been driving, when she and her friend got into an argument. During the tussle, Griffin grabbed the steering wheel, causing the driver to lose control and roll the car over a number of times.

Both young women got taken to Fletcher Allen Healthcare to be treated for back injuries – fortunately; it appears they were not hurt beyond these minor injuries. Since both women had been under the influence of alcohol, they now BOTH face DUI charges. Even though Griffin wasn’t driving the vehicle, since she grabbed control of the steering vehicle, that’s enough for the DUI charge. Griffin also faces charges of gross negligent operation of a vehicle and aggravated assault.

Although there have been other instances of two people in the same car getting arrested for DUI during one stop – this blog actually covered one such instance a few weeks ago – a superficial scanning of news stories online has failed to show whether three people or more have been arrested in the same car for DUI. But it’s definitely possible.

The Glendale DUI process is essentially the same whether you’re stopped in some kind of exotic situation like Griffin and Pletzer were, or you were stopped in a more mundane situation:

• You get stopped at either a DUI checkpoint or a traffic stop and checked for symptoms of intoxication, such as bloodshot eyes and slurred speech.
• Officers will investigate you for DUI using preliminary alcohol screening devices and field sobriety tests.
• The officer will arrest you, generally pursuant to California Vehicle Code Sections 23152 (a) or 23152 (b).
• You find representation. You can represent yourself, work with a public defender, or retain an experienced Los Angeles criminal defense attorney.
• You must deal with the automatic suspension of your license DMV hearings by wrangling with forms such as the suspension order and temporary license form.
• Your arraignment.
• Your pre-trial hearing – if you can’t resolve the situation during pre-trial, (only happens in one out of twenty cases) you move onto…
• Jury trial.
• Post trial. Perhaps your case will be dismissed or you will be found not guilty. Or perhaps you will face a sentence, and you’ll have to serve that.

Glendale DUI defendants can trust attorney Michael Kraut, located at:  121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123 . Not only does Mr. Kraut have a fantastic record of jury trials and a terrific reputation within the Los Angeles DUI community, but he also has a Harvard Law School education and 14-plus years under his belt as a Deputy District Attorney.

April 6, 2011

Long Beach DUI Shenanigans – Reality Star Joe Giudice Could Face a Decade Behind Bars for Drivers License Fraud

by Michael Kraut

Discussions about Long Beach DUI and DUI elsewhere in the US inevitably pivot back to celebrity drama. It’s unfortunate, given that most cases of DUI in Glendale, DUI in Pasadena, Burbank DUI, and Los Angeles DUI involve ordinarily law abiding citizens who make miscalculations or errors of judgment.

But DUI tabloid stories inevitably pop-up – often more than once a week, as this blog has covered – and these stories tend to make all DUI defendants look like nincompoops.

Case in point: Joe Giudice, the husband of Bravo reality star Teresa Giudice (of Real Housewives of New Jersey) was busted the Friday before last for obtaining a phony driver’s license. As this blog covered few weeks ago, Giudice was arrested for driving under the influence in 2010. Anyway, he apparently secured a phony driver’s license using his brother’s ID. The 40-year old was held on bail of $50,000.00. His maximum penalty could be a decade (10 years) behind bars for this crime.

Teresa Giudice apparently was completely oblivious to the potential perils. Following the bust, she took to her twitter account: “Happy Friday! Going to Mount Airy in the Poconos tonight, cooking for my fans! What is everyone else doing?”

The DUI penalties for Long Beach DUI recidivist (repeat) offenders can be painful and life altering. Most regular readers of this blog – and any good Los Angeles criminal defense attorney – can now recite by rote the first time misdemeanor DUI penalties that the court can impose, which include DUI alcohol school; jail time of 48 hours minimum, six months maximum; court costs and fine of up to $1,000.00; formal probation; one year CA driver’s license suspension; and possibly you’ll have to install an interlock ignition device on your vehicle.

But multiple offences can lead to an escalation – or ratcheting up – of your penalties on practically every dimension. You could face more jail time, a longer license suspension, longer time in alcohol school, bigger fines, more court costs and stricter prohibition terms. Moreover, if you get arrested for multiple times within a 10-year period, prosecutors could try to charge you with a felony instead of just a standard misdemeanor. This again has life-altering consequences – a felony is a much more serious charge. Convicted felons can be haunted for years by their conviction and find it much more difficult to get loans, find work, and rebuild their professional reputations.

Long Beach DUI attorney Michael Kraut (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can answer your questions about your DUI. Even if you’ve gotten into complicated legal trouble, this former prosecutor and Harvard Law School educated attorney has the wherewithal and intuition (as well as experience with the system) to deliver results.

April 4, 2011

Pasadena DUI “Century Club” – Texas Man Faces 99 Years behind Bars for 16th DUI

by Michael Kraut

Many recidivist Pasadena DUI drivers – people who’ve been arrested more than once for a crime like driving under the influence in Pasadena, Glendale DUI, Burbank DUI, Los Angeles DUI, etc — wrestle with deep and hard to crystallize psychological problems.

A DUI can happen to the best of people with the best of intentions. For instance, say a person goes to a cocktail party and leaves after only having two drinks. But she fails to recognize that drinking on an empty stomach has elevated her BAC to above the Southern California DUI legal limit of 0.08%. She then gets stopped at a checkpoint and arrested. Her life comes crashing down.

Even recidivist offenders often face only relatively innocuous demons. For instance, maybe a guy who gets arrested three times over the course of 15 years for DUI simply lacks intuition for how much alcohol his body can handle.

What about a 16 time DUI recidivist, like 52-year old James Steven Corley of Montgomery County, Texas? Hmm. He may have some serious issues to work out. Unfortunately for Corley, his 16th life-time conviction for DUI was the final straw, according to local prosecutors. Last August, an officer saw Corley weaving in his lane and driving with a broken tail light. The officer pulled him over and found him to have a BAC of 0.10%.

According to the Deputy District Attorney for Montgomery County: “This defendant is an extremely dangerous driver…practically every time he is getting behind the wheel of a motor vehicle, according to the testimony, he is driving drunk. He testified that whenever he does it, he doesn’t think about anybody who is on the street with him. It’s all about him. All about getting drunk.”

According to an analysis of the case, Corley might be able to get parole in 10-15 years, depending on his behavior and other factors. A 99-year jail sentence for DUI – even for an extreme case of Pasadena DUI – is relatively unusual. Do note, however, that you can easily get a lengthy jail sentence for Pasadena DUI murder or vehicular manslaughter. When you hurt another person – or kill somebody – obviously your potential penalties go way, way up, even if you’re a first time DUI driver, and even if you were just barely over the limit.

If you did hurt or kill someone, prosecutors and the judge will take into account a variety of other factors, including your level of intoxication, past criminal history (if any), your past DUI history, and the quality of your driving when you caused the injury accident.

To make a sensible defense, look to a quality and well regarded Los Angeles criminal defense attorney. The law allows you to defend yourself in a complicated Pasadena DUI injury case. But in general, you’d be advised to retain professional counsel.

Mr. Michael Kraut (of the Kraut Criminal & DUI Lawyers — 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has deep experience helping clients just like you in complicated and unfortunate DUI circumstances. For years, Mr. Kraut served as a Deputy District Attorney for the city – during which he actively worked to put DUI offenders behind bars. As a result of his stint (14 plus years) as a prosecutor, Mr. Kraut has developed a profound understanding of how prosecutors think, and he also developed a veritable arsenal of tools and strategies to help his clients battle their charges effectively.

March 30, 2011

Long Beach DUI Sexual Battery: San Diego Officer Slapped with 10 Felony Counts for Harassing Women

by Michael Kraut

Most salacious stories involving Southern California DUI involve drivers doing or saying queer things that illicit eye-rolling, head-shaking, or other condemnation. But last week, the tables turned: Instead of a DUI defendant getting charged with a crime like DUI in Burbank, DUI in Glendale, Pasadena DUI, or Los Angeles DUI, a San Diego police officer was charged with harassing up to nine different women during a string of DUI stops.

As the San Diego Union-Tribune reported on March 21, Officer Anthony Arevalos pled not guilty to 10 different felony counts pursuant to charges that he sexually assaulted, restrained, and falsely imprisoned several women over the course of months. Officer Arevalos allegedly pulled over women in the Gaslamp Quarter in San Diego on October 22, December 29, March 8, and several other times for DUI and then proceeded to “ask them all what they could offer him to get out of their compromising situations. The women ranged in age from 20 to 31.”

According to Deputy DA Sherry Thompson, Arevalos scared the women by pointing out how costly Southern California DUI defense can be. In one of the most salacious examples of the alleged abuse, “he asked a woman leaving Mardi Gras celebrations what it was worth to her to get out of an arrest… Arevalos responded by directing her to drive to a nearby 7-Eleven and then allegedly asked for her panties and bra in a locked restroom… The woman claims that he then put his arm around her and fondled her crotch before letting her go.” According to the Union-Tribune, authorities have surveillance video of this act occurring.

Obviously Arevalos’ alleged misbehavior was not only illegal but also a violation of the rights of DUI suspects. Long Beach DUI process must be upheld. If a police officer fails to follow proper protocol by setting up a checkpoint station incorrectly or by violating the Constitutional rights of suspected DUI drivers, then the charges can be dismissed, and the officers who violated your rights can even get in trouble.

The challenge that many Long beach DUI defendants face is how to demonstrate that they are actually telling the truth. Often, a defense seems like it must devolve into a game of “he said, she said” – your word versus the word of one or several police officers.

Fortunately, a competent and experienced Los Angeles criminal defense attorney can prepare you effectively to meet challenges and build a compelling, evidence-based argument to either get your charges dismissed or get them pleaded down. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) is a Harvard Law School educated ex-prosecutor for the city (14+ years as a Deputy DA) who boasts a terrific record at jury trials and a history of getting excellent results for clients even in difficult, legally complicated situations.

March 28, 2011

Burbank DUI Disaster for NFL Hopeful – Will Michael Floyd Ever Again Play for Notre Dame?

by Michael Kraut

The annals of Burbank DUI arrests are filled with sad stories of honest people making honest mistakes and careless people making dumb mistakes. Sometimes a situation like a Burbank DUI, Pasadena DUI, Glendale DUI, or Los Angeles DUI will end in tragedy – for instance, someone gets severely hurt or killed. Other times, it merely ends with embarrassment and a loss of professional and personal reputation. In still other cases, the DUI stimulates a positive change for the defendant and helps him or her come to terms with a budding alcohol problem or a deeper psychological problem.

Unfortunately, many young sports stars – who are trained to believe they are invulnerable – often fall victim to their own carelessness and hubris, and they do things like stupidly drive DUI. Doing so can destroy their careers and lead to heartbreak for friends, family members, and fans.

A week ago Sunday, Michael Floyd, a star receiver for the Notre Dame Fighting Irish, got arrested for DUI in South Bend, Indiana after blowing a 0.19% on his breathalyzer test and failing field sobriety tests three different times.

The 21-year-old Floyd decided to pass over the 2011 NFL Draft to play for his senior season. Last year 2010, he had 12 touchdowns, 79 catches, and 1,025 yards. Following his DUI arrest, a short period of incarceration at the South Bend, Indiana jail, and a payment of a $500 bond, Notre Dame Coach Brian Kelly informed the hopeful that he had been “suspended indefinitely from football team related activities.” Floyd released a statement last Monday apologizing to his friends, coaches, teammates, and fans for “my behavior this weekend” – but will the contrition be enough to save his career?

The answer is obviously up for debate, but the story illustrates how seriously DUI can undermine your life, even if you don’t ultimately get convicted.

Burbank DUI field sobriety tests are probably similar to the ones that Michael Floyd took (and allegedly failed) a week ago. But what exactly happens when you take these tests? Generally, the first test that you get is a vision test called the horizontal gaze nystagmus test. An officer shines a flashlight in your eyes to see how your pupils react to the stimulus. You will also be asked to do a bunch of balancing and coordination tests – touch your nose with your fingers, stand on one leg, walk back and forth across a line, etc. Your mental acuity may also be tested. For instance, you may be asked to recite the alphabet backwards or to count backwards. Officers will also take into account other potential “symptoms” of DUI, such as alcohol on your breath, slurring words, bloodshot eyes, admission to having drunk, disheveled appearance, and inconsistent storytelling.

A Los Angeles criminal defense attorney, like Burbank’s Michael Kraut, can help you piece together a strong and evidence-based defense and help you figure out how to respond to charges against you. Michael Kraut served for many years as a Deputy District Attorney for LA, and he is widely respected as a pundit who speaks on national television about Burbank DUI matters. The Kraut Criminal & DUI Lawyers is located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810.

March 25, 2011

Los Angeles DUI Law Ineffective? Sacramento Bee Questions Wisdom of IID Law

by Michael Kraut

As this blog reported many months ago, the world of Los Angeles DUI got shaken up significantly last year when a pilot program went into effect in Los Angeles, Sacramento, Tulare, and Alameda Counties that mandated that convicted DUI drivers install ignition interlock devices (IIDs) in their vehicles – even for first time DUIs. These “test counties” have demonstrated surprisingly lackluster results, according to a Sacramento Bee analysis published last Monday.

Before we dive into the analysis, let’s recapitulate what this law mandates, so that if you or someone you care about has been pulled over for driving under the influence in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, you will understand a little bit more of what’s at stake.

The law – champion by Mike Feuer, a Democratic assemblyman from L.A. — requires DUI convicts to install a breathalyzer-like device called an ignition interlock device in his or her automobile for five months. Until if you blow a “sober” breath into the device, you can’t start your car. The IID should, at least theoretically, thus prevent recidivist (repeat) Los Angeles DUI drivers from endangering themselves and others on the road.

Unfortunately, statistics suggest that the DUI law is not working as planned. Since its incipience, over 13,000 people have been convicted of DUI in the test counties. But California officials confirm that just 1,335 of these convicted drivers got IIDs in their vehicles. Some experts believe that many convicts might be driving illegally – without an IID or even a valid driver’s license.

Assemblyman Feuer is not oblivious to the problem. The Friday before last, he admitted that it may be time to assess the efficacy of the law: “lives are at stake… it’s extremely important we implement this properly.”

From a policy standpoint, we can draw a lesson here. Sometimes solutions that seem “extremely obvious” lead to weird consequences. The cure can be worse than the disease.

This isn’t to say that the Los Angeles DUI program can’t be somehow rehabilitated or made to be more effective – just that policy makers need to have a certain amount of humility and need to rely more on data than on emotion when constructing creative solutions to make our roads safer.

From a practical point of view, if someone you care about has been charged recently with a crime like DUI, a Los Angeles criminal defense attorney (such as Michael Kraut, a Harvard Law School educated former prosecutor who has offices at: 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can provide crucial advice. Build a better defense by connecting to a knowledgeable, results proven (99% success rate at jury trials) lawyer now.

March 23, 2011

Long Beach DUI Dilemma: What to do about all these sports stars getting arrested?

by Michael Kraut

A week ago Sunday, Bryson Smith, a 22-year-old baseball player for the University of Florida, got smacked with a DUI charge and taken to Alachua County Jail – Long Beach DUI experts and others who follow the world of sports news have noticed an uptick in stories about young athletes like Smith getting in trouble for driving under the influence, violating the terms of their contracts, and generally tarnishing the reputations of their sports.

As this blog has relentlessly pointed out in discussions about DUI in Pasadena, DUI in Glendale, DUI in Burbank, and DUI in Los Angeles, sports and DUI simply do not mix. But professional bobsledders, GMs of the nation’s most prestigious teams, and superstar MLB and NFL players alike seem to be getting in DUI trouble these days. Why? What’s going on?

More specifically, what happened to Smith?

According to Gainesville Police Department reports, the 22-year-old had been out with his friends at a bar called Cantina 101, when officers saw his vehicle swerving around Northwest 22nd Street, making unusually wide turns and drifting across lanes. Officer Jessie Bostick pulled the suspect over and put him through field sobriety tests (FSTs), which apparently did not go so well.

Officer Bostick reported that Smith “performed poorly on field sobriety exercises… and had bloodshot and glassy eyes.” After Smith was arrested and taken to jail, he refused to take a breathalyzer test. His coach, Kevin O’ Sullivan, released a statement: “I am aware of the charges against our baseball student athlete, and we take these very seriously… Bryson Smith has been suspended from the team effective immediately.”

Coach O’ Sullivan clearly did not want to have to suspend his key player – Smith was hitting .345 for his team with 5 RBIs on the season – one of them a game winner.

The symptoms of a Long Beach DUI that police look for are often “obvious.” In this case, the officer saw Smith swaying from side to side and observed him to have glassy and bloodshot eyes. Other common symptoms include: inability to respond to officer questions, odor of alcohol on the breath, admission to having drunk alcohol (Smith said he had one beer), empty containers of alcohol in the vehicle, slurred speech, loss of coordination, and inconsistent story telling.

As we just said, these symptoms seem “obvious.” Unfortunately, what often might appear to be clear signs of intoxication can actually be attributable to something else. For instance, someone can pull an all-nighter and thus have red bloodshot eyes because of fatigue. Someone might be uncoordinated and not be able to “get it together” enough for FSTs.

Conversely, just because you test negative for symptoms doesn’t mean that you are NOT DUI. For instance, a trained athlete with a great sense of balance might be able to pass the “walk the line” test with flying colors… even with a BAC more than twice the Long Beach DUI legal limit.

A Los Angeles criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454), can answer your questions about your DUI case. Talk to a Harvard Law School educated ex-prosecutor about your best and smartest plan to deal with the charges.

March 21, 2011

Glendale DUI Setups: Divorced Dads Targeted in Nefarious “Dirty DUI” Scam

by Michael Kraut

Here is how the scam typically happened. A divorced dad in the midst of a bitter custody battle finds himself approached by two gorgeous women at a local watering hole, gets seduced into driving to a “hot tub party” and then suddenly, out of nowhere, finds himself pulled over and arrested for driving under the influence in Glendale.

Turns out, the dad was set up. His wife had hired Christopher Butler, an ex-cop, to arrange the “dirty DUI” operation by hiring the women to seduce him and then alerting law enforcement agents as the man took the road. The result? A DUI in Los Angeles, DUI in Pasadena, DUI in Burbank, DUI in Glendale, or DUI anywhere else in Southern California.

Sounds like fiction? Think again.

The San Francisco Chronicle and Daily Mail Reporter detailed this “dirty DUI” scam in a recent story. Among the divorcees caught up in the trouble:

* 46-year-old David Dutcher — he was stopped in 2008 for DUI after a woman he met on match.com invited him back to hot tub with one of her friends. The police pulled him over and found him to have a BAC of 0.12% (Southern California DUI limit is 0.08%).

* 46-year-old Declan Woods — This contractor was busted in July 2007, after a younger woman got him drunk at Ed’s Mudville Grill and the Clayton Club Saloon. Woods hopped in a car to follow the woman to more partying at Walnut Creek, when he got pulled over by the police – a 0.21% BAC breathalyzer reading and a devastating arrest quickly followed.

Although these divorced dads got “seduced” into breaking the law (by driving under the influence), they clearly should have known better.

On the other hand, their wives and Mr. Butler (the ex-police officer who set things up) should also be ashamed. Inspiring people to drive under the influence in Southern California is reprehensible, whatever the reason.

But if you’ve been caught for driving under the influence in Glendale or elsewhere, you may not need to prove that you were “set up” in order to build a good defense. Indeed, simply questioning the methodology and accuracy of the breath test can be enough to break down the prosecution’s case against you. You might think that a Glendale DUI blood test or breathalyzer test that shows a positive for DUI would be essentially incontrovertible evidence that you did something wrong and broke the law. But, surprisingly, such tests can often be compromised and misleading.

An experienced Los Angeles criminal defense attorney can take a look at the test results and help you develop a smart way to minimize your penalties and maximize your chances of the best possible outcomes. Connect with Michael Kraut’s Kraut Criminal & DUI Lawyers (offices in Glendale at : 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) to get your critical questions about your Glendale DUI answered right now.

March 16, 2011

Long Beach DUI Madness — Miguel Cabrera Tells Officers: “Shoot Me, Kill Me”

by Michael Kraut

When a police officer pulls over a driver for suspicion of driving under the influence in Long Beach (or elsewhere throughout the Los Angeles/Southland region), tempers can flare and the situation can even become violent. It’s all too easy to compound a Burbank DUI, Pasadena DUI, DUI in Glendale or Los Angeles DUI situation by fleeing the scene of a crash, confronting an officer, or otherwise acting in a way that will make it more difficult to defend yourself in court later on.

Case in point: Detroit Tigers’ slugger Miguel Cabrera’s recent DUI arrest in Florida.

According to police video from the MLB player’s arrest (as well as 911 calls and 42 pages of arrest affidavits), Cabrera made multiple mistakes, which will likely compound his DUI trouble and may lead to significant legal problems.

First of all, prior to his DUI arrest, Cabrera allegedly made a series of threats at a nearby restaurant, Cowboy’s Bar-B-Q & Steak Company. The manager on duty told him that the bar and dining sections were closing – news that Cabrera did not like. He allegedly threatened to attack the manager and his staff with a gun and “blow up the restaurant.” The threats were serious enough that the bartender called 911.

Cabrera left the restaurant and headed towards the Tigers’ spring training camp in Lakeland in central Florida. His SUV broke down. Police officers soon showed up on the scene. Cabrera allegedly threatened the police, drank a bottle of Scotch whisky in front of them, and gave one of the officers the bird. When the patrol trooper tried to arrest him, Cabrera “pushed off the vehicle” — a defensive/aggressive move that earned retaliation from the trooper in the form of “3 to 4 knee spikes” into Cabrera’s leg.

Misbehavior, violent actions and threats to the police can vastly complicate your Long Beach DUI situation. You also might experience escalated penalties if you hurt someone while operating a vehicle while DUI.

Here’s the scoop:

Typical misdemeanor charges are dealt with under California Vehicle Code Sections 23152(a) and 23152(b). Injury Long Beach DUI matters are charged under slightly different vehicle code sections – 23153(a) and 23153(b). From the labeling, that might not sound like a big difference – you go from 23152 to 23153. So what? But the consequences for your potential punishments are profound. 23153 allows prosecutors to elevate misdemeanor charges to felony charges.

Do you know the difference between a misdemeanor and a felony? The difference is enormous. If convicted of a felony, you may get significantly longer than one-year in jail, permanently lose the right to hold public office and vote, and suffer incalculable damage to your professional reputation, credit, ability to get loans, and ability to negotiate favorable probation conditions.

A qualified and reputable Los Angeles criminal defense attorney can help you build a sound and sensible strategy to combat the charges against you. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (located at 444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) has a long and decorated history of helping defendants. With a 99% success rate at jury trials, 14 plus years as a former prosecutor, and a Harvard law school education, Mr. Kraut can give you the guidance and legal help you need to get best results.

March 14, 2011

Burbank DUI Celebrity Arrest Alert: ESPN Commentator Harry Teinowitz Slapped with DUI in Illinois

by Michael Kraut

When sports stars and celebrities get pulled over for driving under the influence in Burbank, Southern California, or elsewhere in the nation, the national news media and the blogosphere react with shock, awe, and dismay. In many situations, defendants are deemed “guilty” in the eyes of the public, even before counter evidence or counter arguments can be heard.

If someone you love – or yourself – recently got arrested for violating the law against driving DUI in Glendale, DUI in Los Angeles, DUI in Burbank, or DUI in Pasadena, chances are you’ve already experienced some of this unfair “prejudgment” — even among friends and associates.

Consider the case of Harry Teinowitz, a famous radio talk show host for ESPN’s WMVP-AM radio. The 50-year old announcer got stopped for DUI in Illinois the Friday before last and tested to have a blood alcohol concentration of 0.131% (nearly twice the legal limit for Los Angeles DUI – 0.08% BAC). After getting released from jail through via a $1,000 bail bond, Teinowitz returned to his radio show last Monday (“The Afternoon Saloon”) and addressed his listeners about what happened.

Teinowitz said: “some of you may have heard about the incident that occurred last Friday night. I made a horrible mistake in judgment… and I take full responsibility for my actions. I let my family down. I let you guys, the listeners who I love, down and I let the company I work for down. And I’m deeply sorry… this doesn’t define me: what happens from now defines me.”

Note Teinowitz’ extremely defensive tone. Like many people arrested for driving under the influence in Burbank (a misdemeanor as defined by California Vehicle Code Sections 23152(a) or 23152(b)), Teinowitz understands the instant stigma that attaches to defendants in DUI cases. It’s easy to find yourself attached to the label of “DUI defendant” and to feel judged – not only by friends, peers, and outsiders but also by yourself.

The key to remember is that labels and moralistic judgments don’t necessarily define the essence of who you are. In many ways, it’s the lessons we learn, the actions we take, and the motion we take towards helping others and helping ourselves that defines our humanity. As important as it is to respond alertly and fairly to your DUI charges – and that doesn’t necessarily mean avoiding all punishments, by the way — it’s equally important to give yourself a certain degree of forgiveness and to move away from labeling yourself as “good, bad, unfairly targeted, et cetera.” Instead, focus on identifying the most resourceful path to getting what you want and to ensuring the safety and well being of others in your family and other drivers in the road.

Obviously, you have some practical issues that you are facing right now, if you are a Burbank DUI defendant. 23152(a) and (b) convictions can lead to plenty of uncomfortable penalties, ranging from community service to jail time to probation to the mandatory putting in of a device called an interlock ignition device, which makes it impossible for you to drive unless you blow a sober breath into a machine.

A quality Los Angeles criminal defense attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (located in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can deliver the much needed strategic guidance and compassionate support you need during this tumultuous time. Trust a Harvard Law School educated former prosecutor to build your defense today.