los angeles DUI lawyer

December 5, 2014

Cleveland Browns’ Fans Hearts Skip a Beat After Johnny Manziel’s Bodyguard Arrested for DUI

One of the peculiar aspects of Los Angeles DUI cases is that arrests and convictions can touch dozens, even hundreds, of people and organizations.

In other words, a single bad decision made by one driver at a single point in time can propagate and create problems – even huge crises – for many other people. For instance, when a star football player gets in trouble with the law, not only can he and his family suffer legal and monetary consequences, but people not connected with the accident – teammates, fans, people who depend on a football team’s revenue to power local businesses – can also be indirectly impacted.

Consider that concept in light of a recent story out of Cleveland. Browns QB Johnny Manziel’s bodyguard recently got arrested for DUI while driving Manziel’s vehicle. The arrest might not have made national news, had Manziel and his friends not just recently been involved in an altercation with an aggressive fan, who approached the star and his entourage with an attitude that allegedly was “very aggressive” and “very intoxicated.”

Per the quarterback’s agent, Erik Burkhardt, “Johnny and his roommate had been out to dinner earlier in the evening with Johnny’s mother, who was staying with him this week. There was no entourage. Johnny and his roommate were trying to get on the apartment elevator at his home, when they were accosted by a very aggressive man and his associates. It was an unfortunate situation.”

Under certain circumstances, an associate or friend or spouse or a relative can make a mistake — or engage in aggressive or dangerous behavior behind the wheel — that can redound to affect you and your family. To understand your rights and develop an appropriate legal response, connect with an experienced Los Angeles DUI criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. In addition to serving for nearly 20 years as both as Deputy District Attorney and a defense lawyer, Mr. Kraut regularly appears as a commentator on shows like Good Morning America and newspapers like the New York Times and the Los Angeles Times.

December 1, 2014

Jionni LaValle, Husband of Jersey Shore’s Snooki, Arrested for DUI

by Michael Kraut

Getting arrested for driving under the influence in Los Angeles – especially if you are a celebrity – can lead to horrendous brand management problems as well as legal issues like potential jail time, forced probation, and mandatory fines and fees… not to mention indirect hassles like hikes in insurance rates and driver’s license suspension.

It can also lead to a cascade of internet traffic.

For instance, Jionni LaValle, the 27-year-old husband of Jersey Shore’s “Snooki” (a.k.a. Nicole Polizzi) found himself in handcuffs a few months ago after police pulled him over on his honeymoon on Interstate 80. Authorities hit him with multiple charges, including careless driving, unsafe lane changes and DUI.

Last week, LaValle pled guilty into Totowa Municipal Court to DUI (he managed to get the other two charges dismissed). His sentence includes a three month driver’s license suspension, a $614 fine, and mandatory DUI education classes.

LaValle and Polizzi are parents to two young children – a two-year-old boy, Lorenzo and a two-month-old girl, Giovanna.

Snooki has had her own issues with the law. Four year ago – before she became a mom – police arrested her on the (actual) Jersey Shore for creating a public nuisance.

Whether you are a celebrity facing a complex and potentially highly embarrassing series of charges or an “ordinary citizen” who believes that police wrongfully pulled you over, you may need the help of an experienced Los Angeles DUI attorney to understand your charges and figure out what to do about them. Contact attorney Michael Kraut with the Kraut Criminal & DUI Lawyers today for the effective insight you need to make forward progress.

November 26, 2014

Reassessing Your Driving Behaviors After Your Los Angeles DUI Arrest

by Michael Kraut

In the wake of a recent Los Angeles DUI accident or arrest, you have been reflecting a lot on how to be a better driver and just become more generally conscientious and mindful in your life.

You recognize (wisely) that poor driving habits can affect you not just in acute terms but also over the long term. There is a reason why insurance adjusters and officials at places like the National Highway Traffic & Safety Administration (NHTSA) measure the risks of DUI driving in terms of hundreds of millions of miles.

For instance, if you drive averagely, you can expect to die one time for every 100 million miles you travel – roughly the distance from the Earth to the sun. Fortunately, most drivers do not drive anywhere close to that amount of miles, so the risk of dying from a car crash is obviously less than 100%. But the point is that if you can engage in better driving habits, you can reduce your lifetime risk for accidents and injuries. Here are some ideas about how to slash your odds of future arrests, crashes and mayhem:

• Keep the radio at a very moderate to low volume. High volume radio can cause distractions and prevent you from hearing critical signals from the road;

• Never ever talk or text or even chat on a mobile device when you are behind the wheel. Even using a hands free headset can be a major distraction, because it mentally forces you to be “someplace else” and not behind the wheel. Consider swearing off using a cellphone in any capacity behind the wheel.

• Avoid driving while fatigued, angry or in an emotional “state.” Research from Australia shows that fatigue can be just as dangerous as driving under the influence if you are tired enough. Likewise, driving while angry or depressed or otherwise in a bad emotional way can increase the likelihood that you will get into a crash, because your head is not fully “in the game.”

• Talk to a Los Angeles DUI defense lawyer not only about how to construct an appropriate response to your current problem but also about how to develop the tools and habits you need to be safer going forward.

Michael Kraut of the Kraut Criminal & DUI Lawyers has seen all sorts of cases over the past nearly 20 years, as both a prosecutor and a defense lawyer. He would be happy to talk with you in-depth and in confidence about your case. Call now to schedule a consultation to get his strategic insight to move forward.

November 18, 2014

Los Angeles DUI Lessons from Johnny Depp’s Bizarre Speech at The Hollywood Film Awards

by Michael Kraut

Perhaps police stopped you and arrested you for Los Angeles DUI last weekend, so you haven’t had a chance to contemplate the latest Hollywood tabloid stories. Or maybe you suffered an injury in a DUI crash but nevertheless still learned about actor Johnny Depp’s awkward (and possibly alcohol fueled) speech at the Hollywood Film Awards.

The world famous actor — known for iconic roles like Edward Scissorhands, Jack Sparrow, and Willy Wonka from Willy Wonka and the Chocolate Factory — has always been known for his eccentricities. But in his speech at the HFA, he left even his fans and admirers scratching their heads. We’re going to take a closer look at what happened with Depp (or what allegedly happened) and use that as a jumping off point to discuss an often poorly understood ramification of Los Angeles DUI law.

Depp had been invited to introduce an award for a veteran record producer, but he could not get through his prepared speech without mumbling, stuttering, starting and stopping, and even cursing a few times for good measure. About 75 seconds into the speech, the network cut him off and went to commercial. Whether Depp had consumed alcohol or drugs or had gotten sick is anyone’s guess. However, the takeaway that we want to emphasize is that even famous, wealthy, articulate and smart people can often find themselves suddenly in deep trouble as a result of a single night’s alcohol or drug fueled mistake.

Depp’s public gaffe obviously will not have legal ramifications, since he didn’t hurt anybody, although it could slightly injure his brand with the public. But a driver who has one too many drinks and then gets behind the wheel and hurts someone can suddenly face an onslaught of unexpected and unwelcomed challenges, ranging from potential driver’s license suspension to mandatory jail time to forced alcohol education classes and so on.

To put the puzzle pieces of your case together, call an experienced and highly qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers. Michael Kraut is widely respected as a DUI news commentator, and he has been quoted by the New York Times, the Los Angeles Times, Good Morning America, and other respected media sources for his opinion about DUI matters.

November 7, 2014

Proposition 47 and the Evolution of Los Angeles DUI Law

by Michael Kraut

If you’ve been a long time reader of our Los Angeles DUI blog, you’ve read about some relatively radical changes in the scope, nature, and direction of California criminal law over the years.

The Golden State’s codes are living documents, designed to respond to the needs and concerns of the citizenry in an organic, ongoing basis. Over time, citizens, legislators and judges all regularly seek to amend these guidelines.

To wit, consider the success of Proposition 47, passed on Tuesday by a healthy margin. This proposition attracted intense support and opposition. The goal was to increase equal justice and to prevent certain nonviolent drug offenses from being automatically charged as felonies. On the one hand, citizens, policymakers and those in the judicial system alike are concerned about the legion of people incarcerated in California jail cells — often for relatively minor offenses that did not lead to injuries or harm to others. On the other hand, we recognize that bad behavior needs to be punished and deterred.

Here’s how the Los Angeles Times summarized the fall out of Yes On Prop 47:

“The day after California voted to reduce punishments, police agencies, defense attorneys, prosecutors and even some advocates were scrambling to figure out exactly how it was going to work. The greatest effect, experts said, would be in drug possession cases, noting that California is now the first state in the nation to downgrade those cases from felonies to misdemeanors. Thousands of felons are now eligible for immediate release from prisons and jails.

City attorneys accustomed to handling traffic tickets and zoning violations are now responsible for prosecuting crimes that used to be felonies, including forgeries, theft and shoplifting. District attorneys who used to threaten drug offenders with felony convictions to force them into rehabilitation programs no longer have that as an option. Social workers said they worried that offenders who voluntarily seek treatment will have trouble finding services.”

For help understanding your rights, obligations and legal needs regarding Proposition 47 or CVC 23152, call a Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers to get an objective, insightful and strategic analysis of your defense options.

October 31, 2014

How to Avoid Getting a Los Angeles DUI over Halloween

by Michael Kraut

Intuitively, you might suspect that the numbers of Los Angeles DUI arrests spike during Halloween, simply because so many people take time off of work, drink spiked cider, and engage in goofy costume parties and parades. But while Los Angeles is home to some wild Halloween traditions, including the West Hollywood parade and spooky movies at Hollywood Cemetery, fortunately, the denizens of our city often drive rather soberly on this holiday… at least when you compare Halloween DUI statistics with stats from much more dangerous holidays, like Super Bowl Sunday, Labor Day, New Year’s Eve, Thanksgiving and The Day Before Thanksgiving.

Maybe it’s the fact that everybody knows that kids will be wandering in the streets wearing dark, unwieldy costumes that makes drivers act with more caution. Whatever the case, you want to avoid winding up arrested and in dire need of the services of a Los Angeles DUI defense attorney, like Michael Kraut of Kraut Criminal & DUI Lawyers. Here are some tips:

1. Plan your evening.

Be spontaneous, but don’t be so spontaneous that you put your life and the lives of other people at risk.

2. Don’t hang around (or heaven forbid get in the car with) people doing dumb things.

Halloween is a time of surprises, but you want those surprises to be ideally to be non-lethal ones. If you meet strange people at a party or at the Santa Monica parade, and you want to hang out and grab a burger with them afterwards, fine. Just avoid getting unduly influenced by potentially dangerous or unstable folks you meet trick or treating.

3. Learn from your mistakes.

How did Halloween go for you last year? Have you ever almost gotten in trouble while driving or almost gotten arrested for DUI? Consider your habits and your track record, and continuously develop plans to avoid getting into trouble again in the same ways. Know thyself.

If you or someone you love does ultimately need help with a Halloween-related Los Angeles DUI charge, contact attorney Michael Kraut of the Kraut Criminal & DUI Lawyers for an immediate, judgment free, through and confidential consultation. Mr. Kraut is a former Deputy District Attorney – a high-level prosecutor – who understands what it takes to build winning defense cases.

October 22, 2014

Southern California Mayor Suddenly Resigns After DUI Charge

by Michael Kraut

A Los Angeles DUI charge can have powerful and immediate ramifications, whether you’re a public figure or not.

Witness, for instance, the fast fall of Murrieta Mayor Alan Long, who had to resign recently after he caused an alleged DUI crash that injured four students. The 44-year-old had been driving on Jefferson Avenue in a large truck last Thursday at 8 P.M., when he hit a vehicle driven by four high school students.

Long had served as a Battalion Chief with the Anaheim Fire Department, but his knowledge and understanding of road safety did not prevent him from failing his field sobriety tests (at least per police reports) and demonstrating what authorities said were “signs and symptoms consistent with alcohol impairment.”

Long contends that he had consumed alcohol but did not cross the legal limit of 0.08%. He made a bail of $5,000 and has not yet formally been charged. Rescue workers took the four students from Murrieta Valley High School to local hospitals for treatment for an array of injuries.

Long won election in November 2010 by a landslide. But even though he hasn’t been formally charged with a DUI injury count, he had to resign his political position.

Each charge of injuring someone while driving DUI can lead to a felony conviction and a jail sentence of at least a year, per California Vehicle Section 22153. Prosecutors also do not necessarily need to show that Long had been over the 0.08% BAC mark to convict him for the felony counts.

Defending against injury DUI charges can be an incredibly fraught and complex business. Protect your rights by getting good insight from a qualified Los Angeles DUI defense attorney, like Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor: as a Deputy District Attorney, he racked up a 99% success rate in jury trials. Continue reading

May 21, 2014

When an Officer Asks for Your License After a Los Angeles DUI Stop, Don’t Give Him a Receipt for Vodka [Like This Woman Did]

by Michael Kraut

Quick quiz: let’s say an officer stops you on suspicion of driving under the influence in Los Angeles and asks to see your license and registration. Should you:

A) Give him or her your license and registration?

B) Give him or her a receipt for a bottle of vodka that you just bought?

If you answered A, you are correct.

If you answered B, you might want to reexamine your beliefs, in light of what happened to 60-year-old Brenda Drinkwater (her real name), of Revere, Massachusetts.

According to reports, officers said that Drinkwater had been driving the wrong way on Summer Street late Monday afternoon, forcing other cars off the road. Police Chief, Fredrick Ryan, pulled her over and asked to see her license and registration… which is when she handed him a receipt for a bottle of vodka she had just purchased.

Per news reports: “[Ryan] then saw an open bottle of vodka in her passenger seat and could clearly smell the odor of liquor on her breath.” He put her through the paces of field sobriety tests, which she allegedly failed, and arrested her for driving under the influence – her 7th lifetime DUI.

Drinkwater also faces charges of not keeping to the right, drinking alcohol from an open container, and negligently operating her vehicle with endangerment. She was held without bail until a hearing on Friday.

It’s easy for the general public to laugh or scoff at someone for getting 7 DUI arrests. And no one — not even the most staunch DUI defense advocate — wants to see driver who have been convicted six or seven times for DUI driving wildly all over the roads. There needs to be a balance.

That said, most people want the punitive solution for recidivists. They labor under the impression that these people “can’t help themselves” and “are hardened criminals” who “don’t care about themselves or the society.” These judgments are hurtful, and they don’t necessarily stop the problem. Obviously, we need to keep the roads safe and prevent DUI drivers from hurting people and themselves. But we also owe it to ourselves to find more compassionate, inventive and successful ways of keeping the streets safe.

For help developing a smart, effective defense to your charges – and to rebuild your life following your arrest – contact a Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers right now. Schedule a free consultation with Harvard Law School educated attorney Kraut.
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May 19, 2014

Guidance Counselor Busted for DUI

by Michael Kraut

Most Los Angeles DUI stories that get serious play in the media are often tinged with irony somehow.

For instance, as we covered several months ago, authorities recently stopped one unfortunate young man and busted him for DUI while he wore a t-shirt proclaiming that he was “Drunk As Sh*t.”

People who make their living promoting sobriety or safe driving – e.g. Los Angeles DUI attorneys, lawmakers and police officers — tend to be held to higher standards of behavior behind the wheel. When these folks falter (and sometimes they do), the irony of their arrests motivates media coverage.

Along those lines, consider the sad story of Angela Mazzocco, a woman from Jupiter, Florida, who works as a guidance counselor for the Palm Beach County School District.

Local highway patrol officers arrested her on the morning of May 9th, when troopers allegedly saw her vehicle weaving on the southbound lanes of Florida’s Turnpike, unable to confine her vehicle to just one lane.

Per the Florida Highway Patrol report, Mazzocco’s vehicle “came within inches” of hitting another car and left the road multiple times. Authorities stopped her and tested her blood alcohol concentration. They found that she had a 0.20% BAC. For those of you at home keeping score, that’s exactly 2.5 times the legal limit for DUI in Southern California, as defined by California Vehicle Code Section 23152.

Mazzocco also relayed to investigators that she had consumed the drugs Lexapro and Xanax prior to getting behind the vehicle on her way to school. The 46-year-old faces charges of DUI under drugs and alcohol and will be back at Palm Beach County North Courthouse on June 9th to face her charges.

Mazzocco initially denied to the officer that she had consumed alcohol (per WPTV). But what if she had refused to take a chemical test at the scene?

There are different rules for different folks. If you are under 21 years old — or if you are on probation for some other offense — you need to take your PAS test, even before police arrest you. California law changed in 2008 — now it’s a crime for someone on probation to refuse a chemical test at a DUI stop.

Meanwhile, ANY driver arrested for Los Angeles DUI must submit to a breath test or blood test. If police suspect that you consumed substances like Xanax or narcotics, you also have to submit to a urine-based drug test.

The police must warn you about the legal consequences of refusal, if prosecutors later want to use the refusal against you in court.

What’s the best way to respond?

The facts can be critical to your defense. Perhaps the police delayed the breath test or misunderstood your response. Your attorney may be able to get the refusal related charges dismissed. But rather than puzzling this out on your own, contact an experienced Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately for a free consultation.
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April 16, 2014

Finding a “Good Enough” Los Angeles DUI Attorney Amid the Unbelievable Amounts of “Noise Pollution” Online

by Michael Kraut

As you research prospective Los Angeles DUI attorneys, you’re bound to stumble across many, many different blogs and websites of potentially viable candidates.

Some sites may look austere, dry and professional. Others may be far more involved and feature lots of multimedia whiz-bang business – video tutorials, white papers, in-depth free online slide shows, etc.

Unfortunately, the most effective DUI attorneys don’t necessarily have the most spectacular websites, and vice versa. There are some excellent attorneys who just don’t have the time/energy/need to build a massive online presence, because they get tons of business through referrals or through a minimalist online marketing system.

So where does that leave you, as you try to sift through the noise?

Obviously, since this is a DUI blog run by a particular law firm (the Kraut Criminal & DUI Lawyers), we can’t exactly offer objective guidance! But there are some universally sound ways of vetting prospective attorneys. For instance:
•   Look at both objective and subjective measures of success. For instance, has the attorney won plaudits not just from past clients but also from objective third-party sources?
•   Can the lawyer or law firm recite impressive statistics (such as the fact that Mr. Kraut can say that he achieved over 99% success rate at jury trials, while serving as a criminal prosecutor)?
•   Have there been any business or ethics complaints against the firm?
•   Is the firm willing to provide a free and confidential consultation?

No vetting process is perfect. Given the nature of your case, many different attorneys may be up to the task of dispatching your matter effectively. But remember: your goal is to pass the “good enough” threshold. For a very minor matter, many lawyers might be up for the job. For more complex situations, your choice of attorney might matter more — a lot more, in fact.

What may appear to be a minor case could turn out to be something major. So that’s the tricky part! For instance, let’s say that police stopped you on Santa Monica Boulevard, after you and some friends had been partying, and cited you with a misdemeanor Los Angeles DUI charge. You didn’t hurt anybody. You didn’t fight with police. There was no additional “drama.” But the simple nature of your case may be an illusion. As your attorney delves into the evidence, he may find that the police behaved unconstitutionally, and your case may hinge on his ability to prove some obscure, very complex point of constitutional law.

Given the high stakes you face – the potential for jail time, massive fines and fees, and restrictions on your freedom and California drivers’ license – your attorney’s ability to find and debate that subtle piece of constitutional law suddenly takes on a whole new meaning.

The point is this: take your time. Do due diligence, and really investigate potential legal resources. Feel free to connect with Harvard Law School educated, ex-prosecutor Michael Kraut today for a free, thorough, and confidential consultation about your Los Angeles DUI defense. You can trust the Kraut Law Firm for ethical, resourceful insight.
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