Los Angeles DUI Attorney Blog

February 14, 2011

Burbank DUI Drama: Young and the Restless Star Nabbed for DUI on L.A. Freeway – Does Anyone Care?

Last week, Lindsay Lohan’s grand felony theft charge (which this blog covered at length in a previous post) consumed nearly all the oxygen in the Los Angeles DUI blogosphere. Jaime Presley’s DUI drama snatched up the dregs. (As this blog also covered recently, the “My Name is Earl” actress filed for divorce just weeks after her January arrest, prompting some to speculate that the DUI sparked her divorce – a rumor she quashed in no uncertain terms late last week.)

But out of all the Burbank DUI, Los Angeles DUI, Pasadena DUI, and Glendale DUI arrests made last week, one celebrity bust was given surprisingly short thrift by the news media and blogosphere: Kristoff St. John, a long-time star on the soap, The Young and the Restless, was pulled over on the freeway last Sunday at 1:30 a.m. and booked on a DUI charge.

The ever-vigilant celebrity watchdog website TMZ.com reported that St. John spent all Sunday behind bars before finally making his $5,000 bail. Officers pulled him over after they saw him speeding. The 44-year-old St. John apparently did “poorly” on his field sobriety tests.

St. John started his role as Neil Winters on The Young and the Restless way back in 1991 – 20 years ago – and actually got his start in the entertainment business when he was just 7, in a short-lived sitcom called That’s My Mama.

Burbank DUI field sobriety tests – similarly to the ones that St. John apparently failed – can trip up many motorists, even motorists who have consumed not a single drop of alcohol. This assertion may sound farfetched at first. But it will resonate as more rational, once you learn a little bit more about what the field sobriety tests (FSTs) actually are and how they work.

Officers who suspect a motorist of DUI in Burbank will subject him or her to physical and mental examinations on the side of the road. You’ve no doubt seen depictions of these tests on TV and at the movies. They include the horizontal gaze nystagmus test, the finger to nose test, the one-leg stand test, counting backwards test, reciting the alphabet backwards test, and walk the line test.

Essentially, the officer wants to know whether the suspect has any coordination problems – either physically or mentally. Unfortunately, these tests tend to yield “false positives.” For instance, say you’re not a coordinated person — or you get vertigo from the anxiety associated with your DUI stop. You may not perform well on your FSTs, even if you’re completely sober.

Conversely, someone who IS actually DUI might perform brilliantly on FSTs. For instance, a trained gymnast who spends her day walking on a balance beam might perform quite well on the “walk the line test” even if she had a BAC of more than twice the California legal limit of 0.08%.

The general lesson here is that, if you’ve been pulled over recently, you should talk to a qualified Los Angeles criminal defense attorney about what steps to take next. 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 provide crucial strategic guidance. Attorney Kraut is a former prosecutor (nearly a decade and half spent as a Senior Deputy District Attorney for Los Angeles) and a media analyst trusted by major news media, like CNN and the New York Times, to provide commentary on breaking Los Angeles DUI news stories.

February 9, 2011

Burbank DUI Celebrity News Update: “You’re Cut Off!” Star Snagged for DUI in West Hollywood

by Michael Kraut

Jennifer Jowett, a wealthy socialite featured on the VH1 series You’re Cut Off! was arrested for driving under the influence in West Hollywood the night of the show’s premiere just a block from her house, according to gossip website TMZ.com. Jowett and the show’s host, life coach Laura Baron, had gotten into a heated disagreement prior to the DUI arrest. One promo clip shows Jowett throwing a garbage can at the hostess and pushing the cameras away while launching into an expletive-laden tirade.

If you have recently been tagged for DUI in Pasadena, DUI in Glendale, Los Angeles DUI, or Burbank DUI, odds are that some of your friends, relatives, and co-workers have lumped you in with out-of-control celebutantes like Jowett.

You may feel like this judgment about your character is premature and unfounded. After all, while the popular press loves to report on the “nervous breakdowns” of attractive, histrionic, wealthy women like Jowett, real Burbank DUI defendants tend to be far more diverse.

Some DUI offenders are recidivists – that is, they repeat their bad behavior.

Others simply make a one-time mistake.

Still others are unfairly charged.

There is yet another category — one that’s rarely discussed in the media – and that’s people arrested for driving under the influence of drugs.

A Burbank drug DUI would be charged under California Vehicle Code Section 23152 (a) – the same CVC code that applies to driving under the influence of alcohol. You need not be under the influence of some exotic and illegal narcotic, like cocaine, heroin or “Special K,” to face a CVC Section 23152 (a) charge. Indeed, if you operate a vehicle while on standard prescription medications, such as Oxycodone or Vicodin, or even certain over-the-counter medications, you can face charges. An officer will likely not give you a breathalyzer test, since the breathalyzer only picks up the chemical signature of ethanol (alcohol). That said, you could be asked to take a blood and/or urine test.

If convicted, you could face a variable rainbow of penalties, including license suspension, jail time, probation, and fines and fees. On top of that, you will face secondary consequences, such as hiked up insurance rates.

Fortunately, you don’t have to execute your own legal defense. A proven and compassionate Los Angeles criminal defense attorney can be enormously helpful in either plea bargaining down your charge or working to get it wiped out completely.

Michael Kraut of the Kraut Criminal & DUI Lawyers — located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) — is a fantastic resource for new defendants. Whether you are confused about your rights or overwhelmed by the potential penalties you face, get in touch with this Harvard Law School educated former prosecutor today to come up with a success-oriented defense strategy.

February 9, 2011

Beverly Hills DUI Shocker: Lindsay Lohan Charged with Felony Grand Theft. Electrified Blogosphere Reacts

by Michael Kraut

In 2007, former child starlet and prominent celebutante Lindsay Lohan got arrested for driving under the influence in Los Angeles. Since that fateful stop, the beleaguered Lohan has been sent to jail three separate times for drug possession and violating her Los Angeles DUI probation. Today, the Los Angeles District Attorney’s Office dealt yet another blow to Lohan — formally charging her with felony grand theft pursuant to allegations that the star stole a $2,500 gold necklace from a jewelry store in Venice.

If you or someone you care about has been pulled over recently for Los Angeles DUI, Pasadena DUI, Glendale DUI, or Burbank DUI, chances are that you can at least be grateful that your case won’t (likely) be scrutinized by every major media outlet and thousands of blogosphere commentators, like Lohan’s has.

Here are key details on the breaking Lohan DUI news:

* If convicted, Lohan could face three full years in a California state prison
* The judge set bail at $40,000 and continued the hearing to February 23
* Judge Keith Schwartz said of the starlet: “You need to follow the laws just like everybody else. Look around this room. Everybody needs to follow the law… you’re no different from anyone else, so please don’t push your luck.”

* Lohan’s response? “Yes, sir.”

* Lohan was also told to stay away from the jewelry store. Allegedly, she (or her deputized agents) sent the store a bouquet of flowers when the story started becoming big news.

Lohan has been tied to theft investigations in the past. These include:

1) An insinuation that she took $400,000 worth of jewels from an Elle Magazine photo shoot.

2) A 2008 allegation from a college student that Lohan stole a mink coat worth $12,000.

3) An April 2000 allegation that Lohan stole a Rolex watch worth $45,000.

Beverly Hills DUI penalties can be life-changing, even if you don’t commit multiple probation violations, like Lohan has done. A first-time misdemeanor offender can face penalties such as a $1000 fine, 48 hours mandatory jail sentence, six weeks of alcohol school (max: nine months), a suspended drivers license (no restricted license allowed for school or work), and incalculable damage to your reputation and potential job prospects.

So what should you do, if you find yourself in a bind similar to the one Lohan has found herself in?

Talk to a qualified Los Angeles criminal defense attorney at once.

In Beverly Hills, you can get in touch with the Kraut Criminal & DUI Lawyers at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935. Attorney Michael Kraut is a former senior deputy district attorney for the city. He served for nearly a decade and a half in this capacity. He understands how the system works and has the connections within the Los Angeles DUI community to strategize and execute your best defense.

February 7, 2011

Beverly Hills DUI Update: Actress Jaime Pressly’s Woes Mount as Prosecutors Hit Her with Charges

by Michael Kraut

Last Tuesday, prosecutors in Santa Monica formally charged actress Jaime Pressly (“My Name is Earl”) with driving under the influence in Southern California. As this blog reported several weeks ago, the 33-year old actress got arrested on January 5th on suspicion of DUI and allegedly tested to have a BAC of at least 0.20% – 2.5 times the legal limit for Los Angeles DUI, as defined by California Vehicle Code Section 23152 (b).

If you or a loved one faces similar charges of driving under the influence in Burbank, Pasadena DUI, Los Angeles DUI, or Glendale DUI, you likely won’t be surprised to learn that, in the wake of Pressly’s arrest, she suffered a string of misfortunes.

Notably, on January 21st, she filed for divorce from her husband, Simran Singh. And last week, she backed out of two performances in Las Vegas — one at The Palms Las Vegas and another at Rain and Moon night club — according to E! News sources. Concurrently, Pressly is trying to care for her 3-year old child, Dezi, whom she had with Eric Cubiche, her ex-fiancee.

As if Ms. Pressly doesn’t have enough drama in her life, she also faces potentially stiff penalties for her Beverly Hills DUI conviction. Even first time offenders can face fearsome penalties imposed by the court. These can include seriously restrictive probation terms, a full year CA driver’s license suspension, a fine of $1,000 (maximum) on top of court costs, and 48-hours in jail. Second, third, and fourth time Los Angeles DUI offenders (within a 10-year period) will face ever stiffer penalties, including ratcheted up jail time, probation terms, alcohol school time, license suspension, court costs, and other fines.

Your Beverly Hills DUI penalties can also be ratcheted up if you engage in additional crimes on top of driving DUI. For instance, if you injured someone while driving DUI, prosecutors can automatically ask that a misdemeanor charge be elevated to a felony. Likewise, if you committed a “hit and run,” you can face criminal charges on top of the DUI that could make your case more complicated.

The answer to your legal woes might be to connect immediately with a Los Angeles criminal defense attorney, such as Mr. Michael Kraut of Beverly Hills’ Kraut Criminal & DUI Lawyers.

Mr. Kraut can be reached at 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935.

In addition to serving for 14-years as a Deputy District Attorney for the City of Los Angeles, Mr. Kraut has also been invited as a guest commentator on Los Angeles DUI news by the New York Times, The Los Angeles Times, CNN, KTLA Los Angeles, and other major media outlets.

Mr. Kraut attended Harvard Law School, and he has exceptional relationships with many key people in the Los Angeles DUI community.

February 4, 2011

Pasadena DUI Story of the Week: Trooper Arrested for DUI for Hitting Other Cop

by Michael Kraut

Okay, although this is not exactly a Pasadena DUI case – it happened in the small town of Warwick, Rhode Island – but the sheer zaniness and coincidence of it all merits a blip on this blog’s radar.

If you’ve been pulled over for Glendale DUI, Pasadena DUI, Burbank DUI, or DUI in Los Angeles or elsewhere, chances are that you are not an active duty state police stripper — and at the very least, you didn’t hit a fellow police officer.

The same cannot be said of 23-year old Brendan Palmer, who got arrested last Sunday in Rhode Island after crashing into Providence police officer, Brian Auclair, who was in uniform at the time. Local Rhode Island Captain Raymond Gallucci said that Palmer took a blood alcohol test and blew a 0.184% on the breathalyzer. To put that in perspective, a DUI in Southern California reading would be just 0.08%. So Palmer blew a reading that was well over twice the Los Angeles DUI limit.

According to reports, Palmer has been “suspended with pay pending the outcome of his case and an internal investigation.” The 23-year old is a relative rookie – he has been with the Rhode Island police for only just over a year – and while it’s unclear how much more press this case of officer-on-officer DUI will get in the blogosphere, the matter serves as an interesting jumping off point for a discussion about breathalyzer tests in general.

Say you got pulled over for driving under the influence in Pasadena and asked to take a breathalyzer test. And let’s just say that you blew a reading similar to Palmer’s – a 0.16% — more than twice the acceptable limit, according to California Vehicle Code Section 23152 (b).

In this situation, most likely, you would be arrested.

But is the breathalyzer as accurate as most people (and most police officers) believe? It seems like it should be, right? After all, the breathalyzer is a very simple and straight forward device. You blow into it. A device in the machine looks for chemical signatures of alcohol. Simple. Straight forward. So how can you argue with the results?

Actually, there are many technical (and non-technical) arguments you can make against a Pasadena breathalyzer DUI positive. For starters, did you know that the depth with which you blow into the machine can radically influence the machine’s readings? Thus, if you blow just a little bit into the machine, you will blow a low number. If you blow a normal amount, you will blow a higher number. And if you blow very deeply – a deep chest breath – you may actually blow a reading that’s substantially higher than your actual blood alcohol concentration!

Police officers who administer this test know this, and they’ll often ask suspects to blow deeply into the machines. Is this fair? That’s up to the public to judge. But it does happen, and it’s something to be aware of.

Another point of dispute might be that men and women process alcohol differently. Diabetics process alcohol differently than non-diabetics and produce chemicals that can skew breathalyzer readings. Police officer administrators often don’t “zero out” these machines properly. Other chemicals on your breath or person can yield false readings. And on and on.

Unfortunately, unless you work with a qualified Los Angeles criminal defense attorney – who has serious experience helping Pasadena DUI suspects defend against these charges – you might never uncover these potential defenses.

Fortunately, you have the option of connecting today with the Kraut Criminal & DUI Lawyers at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Mr. Michael Kraut is a Harvard educated former LA City prosecutor who has an excellent track record and who has deep and effective associations with the Los Angeles DUI legal community.

February 4, 2011

Huntington Beach DUI News Bombshell: Popular Bar Sharkeez Linked to Six Dozen DUI Arrests in Just 22 Months

by Michael Kraut

The Huntington Beach Police Department is on the case of Sharkeez, a downtown bar linked to over 72 arrests for driving under the influence in Southern California over the past year and a half. On November 11, 2010, Huntington Beach Police Chief Ken Small sparked an investigation into the popular watering hole’s safety practices. This week, the story went viral, attracting the attention of the national media.

If you recently got arrested for Burbank DUI, Pasadena DUI, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, police and prosecutors might target the person or proprietor who provided the alcohol that you drank prior to your getting in your vehicle.

Baja Sharkeez’s owner, Ron Newman, has taken up a defiant stance. In response to Chief Small’s written statement, “I believe the ownership… represents at best an indifferent attitude toward public safety,” Newman retorted, “What happens on the highway, we cannot control… we don’t serve anybody who’s overly intoxicated. I can’t tell if you’ve had two or three drinks. If you’re not obviously intoxicated, we can’t tell. If someone is obviously intoxicated, we cut them off.”

Sharkeez is not the only downtown Huntington Beach establishment with a less than stellar track record of serving drivers who go on to get tagged for Los Angeles DUI. Hurricane’s Bar and Grill has been linked with 52 DUIs over the same 22 month period. And Kilarney’s Pub and Grill has been linked with 33 DUIs over that time frame.

The showdown between Chief Small and Newman has taken on a life of its own and generated media headlines and, of course, frothing chatter from the blogosphere. The debate raises interesting practical and philosophical issues about how to control and restrict driving under the influence in Los Angeles.

California Vehicle Code Sections 23152 (a) and (b) define what precisely constitutes a Huntington Beach DUI and how such a crime should be punished. 23152(s) says that, if the California Highway Patrol stops you while you’re operating a car, truck, or other vehicle while under the influence of alcohol or drugs, you can be charged with a serious crime. Even if convicted of just a misdemeanor, you could wind up serving jail time, losing your California license, getting points on your record at the DMV, and paying major court costs and fines. This doesn’t even begin to touch on the indirect consequences, which can include hiked up insurance rates and loss of professional stature.

23152(b) defines Long Beach DUI slightly differently — as having a blood alcohol concentration of greater than 0.08%, as measured by a Breathalyzer, urine, or blood test.

A Los Angeles criminal defense attorney can give you the experience and thorough legal help you need to combat the charges. Look to former LA prosecutor (14+ years as a Senior Deputy D.A.) and Harvard educated attorney, Michael Kraut of the Kraut Criminal & DUI Lawyers to plan your strategy. Mr. Kraut provides excellent, reliable services, and he can help you feel more in control of your life and legal situation.

February 2, 2011

Glendale DUI Smorgasbord: A Bevy of Athletes Arrested for DUI

by Michael Kraut

Sports celebrities arrested for driving under the influence in Glendale often don’t get as much press as DUI actor celebrities, like Nick Nolte, Lindsay Lohan, Mel Gibson, and the like. But you might be surprised by the sheer number of sports stars recently been pulled over for DUI in Los Angeles and elsewhere. This post will take a look at four different athlete DUI arrests… that happened just last week!

If somebody you care about was recently charged with Los Angeles DUI, Burbank DUI, Glendale DUI, or Pasadena DUI, this post may help you in an additional way by giving you a resource to defend against charges.

First, let’s set our sites on Oklahoma, where wide receiver Kenny Stills and safety Tony Jefferson (both football players for Oklahoma) got arrested last Saturday morning within 20 minutes of each other. The WR Stills set several records as a freshman last year – including 61 passes caught, five touchdowns, and 687 yards. Jefferson was less decorated but certainly a good player last year – he got two interceptions, two sacks and 65 tackles.

Meanwhile, elsewhere in OK — in Tulsa County, more precisely — the boys basketball coach for Booker T. Washington, Shea Seals, got arrested last Sunday for driving under the influence. His team, the Hornets, are 11-0. Seals himself was named State Coach of the Year in 2010. Coach Seals has been suspended from both coaching and teaching pursuant to his DUI arrest.

Lastly, in Florida, Ozzie Canseco was arrested on the 15th of January for DUI in Florida. Like his twin brother Jose, Ozzie was a Havana-born baseball phenom. He appeared in the Surreal Life as “his brother’s double” and has also been arrested prior on charges of driving on a suspended license, steroid possession, and aggravated battery.

So with all these arrests, you might have questions about how police look for symptoms of Glendale DUI and DUI elsewhere – among sports star suspects and others.

Essentially, during and after a stop, an officer will search for symptoms such as: smell of alcohol around you, incoherent or slurred speech, falling over, fumbling with your wallet, bad driving or motor skills, disheveled appearance, slow or incoherent responses to questions from the officer, and eyes that are bloodshot or watery.

On the surface, identifying DUI suspects based on the aforementioned list of symptoms makes total sense. The problem is that these “symptoms” may mislead. For instance, say you are an overweight and unkempt person. You may appear to the police officer to look disheveled and uncoordinated, even if you are nothing of the kind. Likewise, say you had spent a long night studying at the library. Now your eyes are glazed over and bloodshot from reading books or your laptop. A police officer might not know this and might just think that you’re under the influence.

The problems get highlighted when people are borderline DUI. For instance, maybe you had two or three drinks at a party and then got behind the wheel and then got stopped by a police officer. While in fact you were not DUI, you did consume some alcohol. So if you exhibit any “symptoms,” the officer may just automatically assume that you are DUI.

By the way, conversely, you can be DUI and not exhibit DUI symptoms. For instance, someone who has had a lot of “practice” drinking may be able to maintain his balance relatively well or recite the alphabet backwards or touch his fingers to his nose. But just because he passes a field sobriety test or doesn’t exhibit “symptoms” does not necessarily mean he is not DUI.

All of this is to say that things can get very complicated very quickly. A Los Angeles criminal defense attorney like Mr. Michael Kraut can be a tremendous ally and strategic resource. Mr. Kraut’s Glendale offices are located at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123.

January 31, 2011

Burbank DUI Nightmare Tragedy Avoided by Sheer Chance

by Michael Kraut

What could have been a horrifically bloody Los Angeles DUI story fortunately ended with just a minor fender-bender and an arrest. Last week, a man apparently under the influence of alcohol pulled his car onto some railroad tracks parallel to San Fernando Road and fell asleep – literally with his car striding the tracks. Sure enough, at around 1:15 in the morning, a Union Pacific freight train came barreling along and smashed into the vehicle. Fortunately for the unconscious driver, the freight train hit the car at such an angle that it spun off the tracks and whipped around. Local Sergeant Jim Reed (of Foothill Station) noted that “(the driver) wasn’t injured at all.” Amazing.

Drivers arrested for Burbank DUI, Glendale DUI, DUI in Pasadena, or DUI in Los Angeles are often lucky to be stopped before they get into a crash or hurt themselves or others. And sometimes, sheer luck prevents tragedies.

When many people imagine a driver falling asleep on a train track, they perhaps conjure up images of someone who has consumed bucket-loads of pills and alcohol. This brings up an interesting issue. Many people realize that driving under the influence of alcohol is wrong. But did you know that driving under the influence of drugs — including prescription pain medications and OTC drugs – can not only be as dangerous as (or even more dangerous than) driving under the influence of alcohol but that California Vehicle Code Section 23152 (a) considers such action a criminal offense? Even if you have a doctor’s order to take a medication – or you are taking an over-the-counter drug – you can be arrested and charged for a DUI drug crime. Officers may not use a breathalyzer test on you. You might be subjected to a blood or urine test, however.

The good news, from a defendant’s point of view, is that a Burbank DUI drug charge is actually harder to prove than a DUI alcohol charge. But a conviction can result in a jail time, major fines, license suspension, loss of security clearance at your job, points on your license, and indirect but substantial problems, such as a likely hike in your insurance rates.

To respond smartly and efficiently to these charges, you should almost certainly talk to an experienced Los Angeles criminal defense attorney. Burbank DUI attorney Michael Kraut (located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) has the knowledge, wherewithal, record of success, and in-house resources to provide you with a peerless defense. Mr. Kraut is no stranger to drug and DUI cases. Prior to becoming a criminal defense lawyer, he served as a prosecutor for the City of Los Angeles – more than 14 years as a Deputy DA – and he also brings his Harvard Law School education and high level connections to bear to help defendants get their best possible outcomes.

January 26, 2011

Glendale DUI Sports News: Astros’s Big Draft Pick Nailed with DUI in Georgia

by Michael Kraut

A week ago Sunday, Delino DeShields Jr., the Houston Astros’s 2010 first-round draft pick, got arrested for a traffic violation and DUI in Georgia, prompting many sports analysts who cover celebrity news, like incidents of sports stars driving DUI in Southern California, to debate furiously about what the 18-year old’s future might hold.

Whether you were tagged for underage DUI in Glendale, Burbank DUI, DUI in Pasadena, or DUI in Los Angeles; or you were recently arrested on a complicated charge, such as DUI with injury, the tribulations of DeShields Jr., may be quite instructive.

The Astros’ GM, Ed Wade, told MLB.com: “our position is it’s a private, police matter, and we don’t have any comment on it.” DeShields Jr., is the son of Delino DeShields, an ex-major leaguer who now works in the Cincinnati Reds organization.

According to news reports, the outfielder was pulled over for a traffic violation and arrested not only for DUI but also for possession of alcohol by a minor. He made a $2,500 bond, according to Athens-Clarke County police records. (For comparison: consider that the Astros signed DeShields Jr. to a bonus of $2.15 million last year.)

When a famous ballplayer — or anyone else, for that matter — gets pulled over for driving under the influence in Glendale, they can face a smorgasbord of DUI penalties, depending on how over the limit they were, whether they hurt someone or not, and other factors. Typically, a first time misdemeanor DUI offender will get penalties along the lines of 48 hours mandatory jail time, tough probation terms, mandatory DUI alcohol school and license suspension, and serious court costs and fines. In Los Angeles, the court may also order you to get an interlock device for your automobile. This is a contraption that will prevent you from running your car if you have alcohol on your breath (essentially, you have to blow into a tube to get a “sober” reading before you can drive the vehicle.)

Designing an effective defense to a charge of Glendale DUI is no small task. Criminal defendants are often confused, frustrated, and undereducated about their rights; this combination of factors leads to poor decisions that only compound problems. If you or someone you care about faces such charges, start making better decisions right now. Get in touch with the Kraut Criminal & DUI Lawyers at: 121 W Lexington Dr, Glendale, CA 91203 phone 818-507-9123.

Attorney Kraut has been featured by trusted media organizations like CNN and New York Times as an expert in Los Angeles DUI law.

Connect with attorney Kraut today to explore your options to battle back against your charges.

January 24, 2011

Long Beach DUI and Huntington Beach Dilemma: Should Busted Drivers be Outed on Facebook?

by Michael Kraut

One of the biggest debates roiling the Southern California DUI community today concerns whether or not Huntington Beach was correct in rejecting a proposal that would have allowed police to post mug shots of DUI offenders on Facebook. Last Tuesday, the Huntington City Council voted down this “shaming proposal” proposed by city council member Devin Dwyer.

If you or someone you care about has recently gotten a Padadena DUI, Burbank DUI, Glendale DUI, or Los Angeles DUI, you are almost certainly at least peripherally aware of the Huntington Beach City Council debate. Indeed, Time Magazine did a major story on the Facebook shaming proposal last week. As Time journalist Allie Townsend reports, “Huntington Beach does have a serious problem: drunk driving is something of a community epidemic… where more than 1,600 of the 200,000 people (in Huntington Beach) were arrested in 2010, according to the AP.”

Townsend argues eloquently that the kind of public humiliation proposed by Dwyer would not be a good idea. It’s not that she has excessive sympathy for people who willfully break the law; rather, she fears (rightly so) that Facebook DUI mug shots could be passed around. They could haunt not only the offender but also the offender’s family and children for years to come. For instance, a middle schooler may face long-term taunting if his dad’s DUI mug shot winds up on Facebook.

Moreover, when you are arrested for DUI, you are often quickly judged “guilty” in the minds of colleagues, friends and family. Deeper analyses of Long Beach DUI arrests, however, reveal that DUI busts are often far from justified and far from conclusive.

Consider the following. A Long Beach breathalyzer test – commonly referred to as a preliminary alcohol screening (PAS) test – indirectly quantifies how much alcohol you have in your system. If you are above a certain amount – typically 0.08% BAC – you can be arrested and charged pursuant to California Vehicle Code Section 23152 (b).

Breath tests seem like they should work. But they are far less accurate than most people – including most police officers – realize. Men and women process alcohol at different rates. Diabetics produce unusual chemicals on their breath; these chemicals can interfere with test results. And if you blow too deeply into the machine, you may wind up with a Long Beach DUI reading without actually being DUI. And it goes on and on like this.

So what’s the best response?

In short, defendants should equip themselves with excellent information and consult immediately with a qualified Los Angeles criminal defense attorney. In Long Beach, you can connect with the Kraut Criminal & DUI Lawyers at 444 West Ocean, Suite 800 Long Beach, California 90802 phone 562-531-7454.

Attorney Kraut stands out among Los Angeles DUI attorneys because he is a former prosecutor, because he is a respected maven in the LA DUI community; and because he has demonstrated superlative results for his clients again and again, often in highly technical and complicated cases.