DUI Defenses

Published on: February 26, 2014

Actress Amanda Bynes Wins Big Victory in Her Los Angeles DUI Case

In 2012, Actress Amanda Bynes was arrested for misdemeanor DUI in Los Angeles – the event prompted a slew of tabloid rumors and an onslaught of media coverage.

Law enforcement alleged that, in April 2012, Bynes tried to pass a police vehicle in her black BMW at around 3:00 a.m. She clipped the right rear panel of the cop car. Unsurprisingly, the police tried to pull her over – but she fled the scene. The police eventually caught up with her, arrested her, and set her bail at $5,000. In response, she begged for help from the President on Twitter (always a highly successful strategy), writing: “Hey@BarakObama… I don’t drink. Please fire the cop who arrested me. I also don’t hit and run.”

Prosecutors charged her with a single count of misdemeanor DUI, and the District Attorney asked for a sentencing enhancement because the actress refused a blood test or breathalyzer test. A conviction could have netted her a maximum sentence of six months behind bars.

But Bynes just resolved her case by pleading no contest to a charge of “wet reckless” – a similar but much less severe charge than DUI. Bynes will need to pay fines, complete a three month alcohol education course and serve probation for three years.

Even before her DUI, Bynes had a fractious relationship with the Los Angeles police. A few weeks prior to her April 2012 stop in West Hollywood, police stopped the actress for chatting on her cell phone while driving. While an officer wrote up her ticket, Bynes hit the gas and fled the scene before the cop could give her the ticket. (Later on, she went to the police station and paid the ticket.)

What lessons can we learn from Bynes’ torturous progression through the Los Angeles legal system?

Perhaps the most salient lesson is this: prosecutors CAN ask for enhanced sentencing, if you refuse a breath test or blood test. Even though Bynes plead no contest and escaped serving serious jail time, this doesn’t always happen. Prosecutors can really go after you, if you refused your breath or blood test. For instance, your license suspension could be extended substantially, and you could face extra jail time.

To manage your charges, get in touch with an experienced Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers immediately for a confidential and free consultation. Mr. Kraut is a Harvard Law School educated attorney who also served as a senior level district attorney. He has a deep knowledge of the prosecutorial mindset and playbook, and he can help defendants develop articulate, precise strategies.
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Published on: February 20, 2014

Do Los Angeles DUI Checkpoints Really Work?

by Michael Kraut

Los Angeles DUI checkpoints have their critics. For instance, the American Beverage Institute complains that checkpoints lead more often to frivolous citations – police cite drivers who don’t have their licenses or who have broken taillights – than they do to stopping dangerous drivers. The ABI is actually far more fond of saturation patrols, also known as roving patrols. The ABI loves to cite a 2007 Virginia Tech study that found that roving patrols are almost 25 times more likely than checkpoints to nab DUI drivers.

Even if the American Beverage Institute’s analysis holds water — and the 2007 study could be replicated and confirmed here in Los Angeles — that doesn’t mean that police will (or should) suspend checkpoints. After all, one of the arguments for checkpoints is that they act as a deterrent. When drivers get behind the wheel, they know that checkpoints are out there “somewhere,” lurking. This fact may encourage drivers who are on the fence about whether to drive after drinking to make the smart choice and call a cab or a designated driver. Advocates of checkpoints argue that they’re also safe and relatively easy for police to run.

Of course, as someone who has been recently arrested — or knows someone who has been arrested — for a DUI, you probably could care less about whether saturation patrols or checkpoints are better enforcement methods.

Instead, you want crystal clear, insightful guidance about how to fight your charges and move on with your life. Look to the Los Angeles DUI defense team at the Kraut Criminal & DUI Lawyers. We can help you get a grip on the charges you face and develop a plan of action to take them on.
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Published on: February 17, 2014

Did Justin Bieber Hit and Kill a 7-year-old While DUI? (The Anatomy of a Viral Rumor)

by Michael Kraut

As this Los Angeles DUI blog (and an infinite number of other sources) reported: last month, pop singer, Justin Bieber, got arrested in Miami for DUI. Beiber had been drag racing a fellow 19-year-old musician.

The news covered the story extensively, so there’s no need to rehash the details. However, in the wake of the arrest, a viral rumor spread suggesting that Bieber had hit and killed a 7-year-old boy while DUI. One fake headline making the rounds read: “Breaking News: Justin Bieber did it again!! This time it’s over … DUI.”

This message made the round weeks after police stopped Bieber and accused the Canadian pop star of racing a rented Lamborghini at reckless speeds after consuming antidepressants, beer, and marijuana.

Unfortunately, the Beiber hoax caused big computer problems. Unlucky users who clicked on a link to watch a video about the story met with a nasty surprise. Instead of downloading a video, they downloaded a virus, which grabbed their personal information and passed it to criminals.

Here’s what’s interesting about this rumor story. It illustrates the bizarre, web-related drama that DUI arrests can create. Odds are that your arrest won’t give rise to ridiculous online hoaxes. However, your DUI mug shot may get circulated widely on the internet. This can cause reputation management problems. Now, whenever someone Googles your name, your mug shot may pop up immediately in the search engine results. This is embarrassing. It can also cause you trouble when you start a relationship, apply for a loan, or try to land a job.

Preparing for odd eventualities is critical.

There is only a five percent chance that a DUI case will go to jury trial. Most other cases will be dismissed or settled way before this happens. But you still need to approach your defense as if you might ultimately plead your case before 12 jurors.

What if that happens?

First, the jurors will listen to witnesses for the prosecution. Then your lawyer will cross-examine. Then lawyers will review evidence, and both attorneys will make closing arguments. Next, the jury will deliberate and decide whether you’re “not guilty” or “guilty.” The jury can be “hung,” if the jurors cannot come to unanimous agreement. Even if you’re found guilty, your DUI attorney can try to convince the court to overturn the verdict and either dismiss the case or have it retried.

The point is that excellent preparation is essential. Harvard Law School educated former prosecutor, Michael Kraut, and his legal team, can help you build a sound Los Angeles DUI defense.

Published on: February 16, 2014

4 Potential Issues with Your Los Angeles DUI Breathalyzer Test Results

by Michael Kraut

You recently tested positive for DUI in Los Angeles via a breathalyzer test.

Perhaps you’re an underage driver who blew a relatively low 0.06% BAC. Your BAC level wouldn’t have been a problem, had you have been of legal drinking age. Or perhaps police stopped you at a checkpoint in Pasadena, and you blew a 0.09% – just over the legal limit – and performed less than stellarly on your field sobriety tests. Or maybe you blew an “extreme DUI” of 0.17%, after you got into an accident.

In all these situations, your Los Angeles DUI defense attorney may be able to challenge the results or accuracy of the breath test to reduce your penalties or potentially void them entirely. For instance, consider the “extreme DUI” example. Perhaps your lawyer can convince the court that you weren’t 0.17% but rather 0.14%. Even that may be enough to substantially reduce your penalties, such as jail time, fines, probation, alcohol school, etcetera.

Here are 4 common issues with breath tests:

1. Alcohol left over in your mouth.

Here’s a gross but true fact: alcohol can get stuck in between your teeth and in your mouth, depending on your dentition, your general oral health, and other factors. This “mouth alcohol” can throw off your BAC reading and cause it to read higher than it is, objectively.

2. You may have a slow alcohol metabolism.

The breath test doesn’t measure blood alcohol directly – it infers it. How long does it take you to absorb and metabolize alcohol? The breath test results may skew higher than your objective BAC level.

3. The strength of your exhale can skew the test results.

If you blow out “super hard” during the breath test, you can skew the BAC reading to be higher than accurate. This is one of the reasons why many law enforcement officials ask people to “blow deeply” into breath machines. They know that the deeper you blow, the higher your BAC reading will be, all other things being equal.

4. Other factors.

Potentially dozens of factors can throw off the breath test results, including:

•   Your breath’s temperature;
•   Whether or not you’re a diabetic or on an intense diet (ketone bodies created by low calorie and low carb diets can skew breath test results);
•   Whether you’ve ingested other chemicals that could throw off the breath test;
•   Whether you’re a man or a woman (men and woman absorb alcohol at different rates);
•   Whether the officer calibrated the breath test properly;
•   Whether the machine itself has inherent engineering flaws.

Of course, a breath test is not always challengeable, but you might be surprised by the sheer diversity of DUI defenses available to you.

Talk to a highly respected and experienced Los Angeles DUI criminal defense lawyer at the Kraut Criminal & DUI Lawyers to get a handle on your options. Attorney Kraut is an ex-D.A. He has a deep understanding of the prosecutorial process and great relationships in the system.
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Published on: February 12, 2014

SNL Comedian Chris Kattan Busted for DUI in Los Angeles

by Michael Kraut

“Saturday Night Live” alumnus, Chris Kattan, was pulled over on Monday for DUI in Los Angeles, according to California Highway Patrol reports.

The 43-year-old Kattan hit a construction truck on the 101 Freeway at around 2 in the morning in Encino. CHP says that the truck had been parked on the shoulder. Kattan suffered a bloody nose in the crash. Fortunately, no construction workers got hurt, since no one was in the vehicle. Police took Kattan to a Van Nuys precinct and booked him.

Authorities say the truck had been well marked with orange cones, signs and flashing arrows. But Kattan apparently did not see those markers. The crash wrecked his 2011 Mercedes and also damaged the construction truck. Prior to the crash, a woman called the police to report a “Mercedes … weaving all over the roadway at slow speeds.”

Kattan — who’s best known for his wild sketch comedy bit (and later movie), The Night at the Roxbury, which he developed with comedian, Jim Carrey — confessed to police that he had been on prescription medications. Police said Kattan took a chemical test for drug DUI. The arresting officer, Leland Tang, told reporters “[Kattan’s accident] could have been lot worse.”

Kattan tweeted to his fans afterwards that “those concerned are just adding gossip: I am fine, passed all tests, released without bail, have driver’s license, cop offered to drive me home.”

Kattan is lucky that he did not get hurt more seriously and that he did not injure other people. Even so, in California, if you’re convicted of a misdemeanor DUI in Los Angeles, prosecutors can still seek an array of punishments, pursuant to California Vehicle Code Section 23152 (A), including:

•   Mandatory 48 hours in custody and up to six months behind bars;
•   A fine of $1,000 in addition to court costs, which can be substantially more than $1,000;
•   The court can impose either formal or informal probation and mandate that you install an Interlock Ignition Device (IID) in your vehicle. This means that you will need to blow a “sober breath” into the device before you can start your car;
•   You may face 6 weeks to 9 months of DUI alcohol school;
•   You can lose your license for a whole year… without the possibility of getting a restricted license for work or school.

For help understanding the nature of your Los Angeles DUI charge, connect with the team here at the Kraut Criminal & DUI Lawyers today for a free, confidential consultation.
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Published on: February 1, 2014

NFL Legend, Bruce Smith, Once Convicted of DUI, Warns about Dangers of Super Bowl Sunday DUIs

by Michael Kraut

Los Angeles DUI arrests can leave painful residue. Consider what happened to – the greatest sack artist in the history of the National Football League – after he got pulled over and arrested for DUI in 2009 in Virginia Beach.

Despite playing in four Super Bowls, racking up an unbelievable 200 sacks, and playing All-Pro 11 different times, Smith perseverates most on one statistic he wishes he could forget: his DUI charges.

To that end, Smith chose to work with Anheuser-Busch to create a Public Service Announcement (PSA) to spread the awareness about the dangers of DUI during the Super Bowl. Super Bowl Sunday is one of the most deadly times of the year for DUI driving. Other than New Year’s Eve — and, possibly, the day before Thanksgiving — Super Bowl Sunday is the worst day to drive all year.

In the ad, Smith tells viewers: “I was disappointed with myself and those close to me… please, learn from my story and make sure a safe ride home is part of your game plan.”

The 50-year-old Smith talked to reporters about the purpose of the ad: “the object of this campaign is to focus on Super Bowl Sunday and encourage people who plan to drink to have a game plan… Anheuser-Busch is trying to make it a safer experience for all fans.”

Not everyone is convinced by this message. Bruce Livingston of Alcohol Justice, a watchdog organization, sees the move as a slick marketing ploy: “what Anheuser-Busch is really saying is ‘drink up’… they are not promoting moderation in drinking at all. They are committed to promoting beer consumption.”

Smith, who claims to always use a designated driver now, told reporters that it’s challenging to confront the past and think deeply about his DUI: “to pull a scab off an old wound is not something anyone likes to do… if this helps one person make a wise decision, it’s worth it.”

Acknowledging mistakes made can be a deeply humane but also quite painful experience. In moments of crises, we can make less than ideal decisions. For instance, any driver stopped for suspicion of DUI must consider whether to submit to a chemical test, such as breath, blood, or urine test.

If you refuse to test after being arrested for DUI, you can face major consequences. If you’re under 21, you must submit to a preliminary alcohol-screening (PAS) test. If you’re on probation, and you refuse, your refusal — in and of itself! — can be considered a violation of your probation, and you can go back to jail.

Once you’re arrested, you must take either a blood test or breath test. If police suspect that you have been using drugs, you need to take a urine test.

The definition of what legally constitutes “refusal” can be hazy.

If you spend a long time before responding to an officer’s request, that could be considered a refusal, but only under certain conditions.

If you were impaired or unconscious — and/or you couldn’t understand or hear the request — the Court will likely not penalize you for refusal. The police also must advise you about the consequences of refusing a test.

Those consequences, however, can be pretty severe.

A refusal can, for instance, tack on additional jail time to your sentence. As far as the DMV is concerned… your refusal can lead to a total suspension of your license for a full year – without the possibility of a restricted license. The situation can get more severe from there, if you have racked-up additional DUI convictions.

To understand your options and make smarter choices, connect with an experienced Los Angeles DUI attorney at the Kraut Criminal & DUI Lawyers today for a free consultation.
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Published on: January 30, 2014

Justin Bieber and Khalil Sharieff Arrested for DUI and Drag Racing: What Happens When 19-Year-Olds Drive DUI?

by Michael Kraut

As this Los Angeles DUI blog – and practically every other news source on the planet – recently reported, pop icon, Justin Bieber, recently got arrested for driving under the influence in Miami Beach.

The 19-year-old allegedly had been drag racing with Def Jam Recording artist, Khalil Sharieff, on a Miami Beach road between 26th and Pine Tree Drive. Sharieff raced a Ferrari, while Bieber raced a yellow Lamborghini (worth about $250,000, according to analysts).

Sharieff put up a picture of Bieber on instagram tagged “U know bizzle brought that lambo out,” before the cops broke up the drag racing. Police said that Bieber exhibited classic symptoms of DUI, including “a flush face, bloodshot eyes, and the odor of alcohol on his breath.”

What happens when young drivers – under the legal drinking age of 21 – get arrested for DUI?

Here in California, the crime can be punished under California Vehicle Code Section 23156. The Golden State has a very strict zero tolerance policy with respect to underage drinking and driving. If you have just 0.01% of alcohol in your body (as determined by a breath, blood, or urine test), you can lose your California license for a full year. If you don’t have a license, a violation of 23156 can delay your being able to drive for a full year.

23136 is different from other DUI codes, such as 23152 or 23153 (the injury DUI code), since prosecutors don’t need to show that you had been driving recklessly or misbehaving on the road in any way. To fight back against the license suspension, you will need to go before the California Department of Motor Vehicles.

There is another important underage DUI law to understand; this can apply if you blew a BAC of 0.05% to 0.07%. Drivers under 21 will face an infraction for testing at this BAC level. You won’t get a jail sentence, but you might face a fine and other problems, such as license suspension.

If you’re below the age of 21, and you have a BAC that’s 0.08% or above, you will be treated like an adult by Los Angeles criminal courts and hit with a misdemeanor charge, a steep fine (up to $1,000), jail time, and other unpleasant penalties.

To make sense of what happened after your crash or arrest, connect with former Deputy District Attorney Michael Kraut today to construct an appropriate Los Angeles DUI defense.
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Published on: January 17, 2014

Burbank DUI Blaze – Police Officer Pulls 72-year-old DUI Suspect from Burning Vehicle on 405

by Michael Kraut

In one of the most intense Los Angeles DUI arrests in recent memory, Police Officer Don Thompson — a former bomb squad officer — jumped into a burning Mercedes Benz Station Wagon on the 405 to save a 72-year-old man from certain death.

California Highway Patrol authorities say that the 72-year-old was likely driving under the influence of drugs, when he smashed his car in Sherman Oaks (near Burbank) on the 405 near the 101 Interchange. Apparently, he lost control of his 1991 Mercedes Benz, whacked into the right shoulder wall, doubled back across all lanes, and smashed into the concrete. His car then burst into flames.

Officer Thompson acted fast.

He had been driving Southbound on the 405 toward LAX, when he saw the explosion. He stopped, pulled to the side, leapt over the center median, threw open the door to the Mercedes and found the 72-year-old unconscious inside. According to Lieutenant Andy Neiman of the Los Angeles Police Department: “the fire was starting to spread inside the passenger compartment… [Thompson] was able to cut the seat belt with his knife, pulled the gentleman out of the vehicle, and two citizens who also stopped and came up and also assisted in pulling the driver further away from the vehicle.”

Thompson suffered serious injuries during the rescue, including first- and second-degree burns as well as smoke inhalation damage. He was transported to Urgent Care for treatment. Neiman called the situation “a Christmas Day miracle,” claiming that “nobody would survive that vehicle based on what the Fire Department observed when they arrived.”

The story indicates the profound role luck can play in Los Angeles DUI events. If you were arrested for DUI – and you’re lucky enough to be reading this – you can be at least thankful that you survived, even if you face jail time and/or if you hurt other people.

Good luck and bad luck happen to everybody. The more important question is: how do you manage that luck? How do you ensure, as author Jim Collins wrote about in his bestseller, Great by Choice, a “good return on luck”?

One of the best ways is to connect with knowledgeable, resourceful people. Get in touch with a seasoned Los Angeles DUI criminal defense lawyer, ASAP, to understand your options and construct a meaningful defense. Connect with Michael Kraut of the Kraut Criminal & DUI Lawyers today.

Published on: January 15, 2014

Fatal Los Angeles DUI Crash in North Hills Takes Life of Teenage Girl

by Michael Kraut

A teenage girl lost her life – and a man suffered serious injury – during a tragic Los Angeles DUI accident over the holidays.

Investigators believe that a 24-year-old driver from Van Nuys had been speeding in his 2009 Ford Focus on Roscoe Boulevard, when he lost control of the vehicle and rammed into a light pole. 19-year-old Jennifer Benga – a passenger in the Focus – died in the crash. Investigators found bottles of beer inside the car, and authorities suspect that the 24-year-old driver had been under the influence. The fatal disaster happened in the midst of county-wide saturation patrols that led to the arrest of over 2,200 people in the 20 days from December 13th to the New Year.

Many who read the primary source article might be struck by the odd, “indirectness” of the reporting. If police found bottles of beer in the car, why not start from the presumption that the driver, was, indeed, DUI, and then work backwards? After all, that seems like the most likely inference to make.

The rebuttal is fascinating. Jurisprudence has evolved some counterintuitive safeguards over the centuries. The notion that a defendant should be considered “innocent before guilty” is a relatively novel one in human history. But we have such legal structures in place to prevent people from being convicted for crimes they did not commit… and also to avoid a peculiar cognitive feature known as the anchoring effect.

The anchoring effect states that, when someone hears a number or a judgment, that number or judgment or anchor will dramatically influence future thinking. In his book, “Thinking Fast and Slow,” Nobel Prize-winning author, Dan Kahneman, writes about how the anchoring effect can be used to lead people to make wildly divergent guesses about the age of civil rights leader, Mahatma Gandhi. When anchored by a question to the effect of — “was Gandhi older or younger than 98 when he died?” — people guessed very relatively high ages (e.g. 70, 80, etc). When anchored by a question to the effect of — “was Gandhi older or younger than 35 when he died?” — whe guesses were much lower (e.g. 40, 50, etc). In other words, the number you hear first can influence your future judgments. This is true, even if you’re an expert, and if you strain against the influence of the anchor.

The same is likely true, on some level, with guilt and innocence in criminal cases. If you’re presumed guilty, it’s likely that a judge or jury will be more likely to consider you guilty, no matter what happens, because the label will act as an anchor.

Fortunately, we live in a system where fairness and justice can prevail. Of course, you still need to approach your Los Angeles DUI case strategically. To that end, connect with Attorney Michael Kraut and his seasoned legal team today for a free consultation.

Published on: January 13, 2014

Pasadena DUI Celebrity News: Omar Gooding, Nickelodeon Child Star, Makes Plea Deal for DUI

by Michael Kraut

A Los Angeles DUI charge can be a decidedly unpleasant experience. This is true, whether you’re an ordinary working guy, a big league athlete, or a former child star.

Consider, in that context, what’s happened to former child actor, Omar Gooding — the younger brother of Oscar-winning Actor, Cuba Gooding Jr.

Last October 20th, police arrested the 36-year-old Gooding in Los Angeles for DUI, after officers saw him run a stop sign. Gooding once hosted a show called Wild and Crazy Kids on Nickelodeon (during the 1990s), and he was also featured in Smart Guy and Hangin’ with Mr. Cooper.

The police allegedly found weed on him, and they arrested him for alcohol and marijuana DUI.

So, what happened next?

Prosecutors initially charged him with possession of marijuana and Los Angeles DUI, but Gooding and his legal team pled down the charges. Gooding agreed to plead guilty to the charge of reckless driving. As punishment, he will have to attend Alcoholics Anonymous and Narcotic Anonymous classes and face two years of probation. Gooding will not get any jail time.

Of course, the armchair psychologists were more than happy to dish out explanations for why Gooding got into legal trouble in the first place.

• “He was frustrated because he wasn’t getting more acting gigs.”
• “He was tired of living under his brother’s shadow”
• Etc.

Obviously, playing armchair psychologist is neither fair nor particularly helpful. As we’ve discussed many times on this blog, DUI cases are sometimes fiendishly difficult to understand, both logistically and psychologically.

The key to moving forward after a DUI is empathy. Try to understand what you are feeling, what you are needing and what would be most useful and nurturing. Also, consider calling Attorney Michael Kraut and his team today with the Kraut Criminal & DUI Lawyers for a free and thorough consultation about your Los Angeles DUI defense options.