DUI Defenses

Published on: March 12, 2012

Glendale DUI Lessons from the Tribulations of Oral Roberts University’s President, Richard Roberts

Getting arrested for Glendale DUI often feels like getting a giant Scarlet Letter “A” tattooed across your chest. (In case you missed that reference, it comes from Nathaniel Hawthorne’s famous novel, The Scarlet Letter, in which a young adulteress in Puritan times is compelled to wear a letter “A” to brand her as a bad person and invite ostracism from her community.)

It’s easy to believe your own “bad press” after a Glendale DUI arrest or conviction.

But the reality is that far more people are far more vulnerable to DUI arrests than the general public recognizes. Take the case of 63 year old Oral Roberts University President, Richard Roberts. On January 24th, he got stopped for speeding and DUI in Oklahoma. An Oklahoma Highway Patrol trooper report said that Roberts tested at a BAC level of 0.10% (the legal limit for Glendale DUI is 0.08%) and failed to “execute the instructions” for roadside field sobriety tests. If you personally had to take Glendale DUI field sobriety tests, you know how difficult and scary these tests can be. You can fail FSTs even while stone cold sober!

Mr. Roberts also now must contend with charges of hypocrisy. His school compels every student to take a pledge to the effect of “I will not drink alcohol beverages of any kind.” And the punishments for DUI in Oklahoma surely mirror the punishments for DUI in Glendale – which can include prison time, license suspension, mandatory alcohol education classes, probation, fees, fines, and myriad indirect consequences, such as loss of respect and insurance rate spikes and logistical problems in your life.

Coming to terms with what you’re up against, legally and morally, is no small challenge. Whether you’re convinced you are “totally innocent” — or you believe that the charges are over inflated — or you accept that you did something wrong and you’re panicked about what’s going to come next — you need intelligent guidance to help you make strategic decisions.

A Los Angeles DUI attorney at the Kraut Criminal & DUI Lawyers can help you solve your problems. After all, your issues may extend far beyond the threat of a Glendale DUI conviction. Perhaps you have a recurring problem with alcohol or drugs or prescription medications, and you need help before you get stopped for another DUI in Glendale. Or maybe the DUI is just the tip of a larger iceberg. You need clarity, certainty, and appropriate guidance.

Fortunately, Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can help. As a former city prosecutor – he spent 14 years putting Glendale DUI defendants and other defendants behind bars – Mr. Kraut is known for his toughness, deep understanding of the prosecutorial approach in Los Angeles, and expertise in both theory and practice. Connect with this Harvard Law School educated Glendale DUI attorney today to get much needed help and guidance.

Published on: March 5, 2012

Beverly Hills DUI 101: A Brilliant Example of How to Do Everything Wrong

by Michael Kraut

If you were recently stopped for driving under the influence in Beverly Hills – either at a checkpoint or on Santa Monica Boulevard or wherever – you probably feel pretty humiliated and frustrated. Perhaps you should be. But odds are that your stop was not nearly as embarrassing as what happened to 20-year old Bryan Gray of Aurora, Illinois last week. According to local Illinois police reports, Aurora pulled off a trifecta of bad driving behaviors. Surprise, surprise, these actions culminated in an injury accident. Police said that Gray had been doing the following dangerous acts – all in combination:

1. Speeding
2. Texting while driving
3. Driving under the influence of alcohol

To make matters worse, he drove early in the morning on Sunday – one of the more dangerous times to be out on the road. (so many drivers are coming back from bars and late night parties).

Anyway, guess what happened? While he texting his brother, Gray glanced up and noticed – way too late – that he was driving straight into a building. He couldn’t stop and instead slammed into a building on 3000 Weber Drive. Fortunately, Gray was not killed, nor was anyone else. But it’s easy to see how a situation like that could have led to a fatality or multiple serious injuries.

Illinois residents probably remember all too well the rather sickening story of police officer Matt Mitchell, who killed two teenage girls while travelling at over 100 miles per hour WHILE text messaging on his phone. Mitchell earned national headlines (and a lot of rage) when he turned around and sued the state for workers’ comp benefits for injuries he sustained in that crash (he was on duty at the time).

Your Los Angeles DUI attorney will need to go over every aspect of your case to determine what arguments prosecutors might make against you. Dangerous actions that you took – or safety precautions that you failed to take – can be used against you. For instance, had Gray not been speeding or driving under the influence, he still might have crashed into the building and hurt himself and other people. But because he allegedly engaged in all three dangerous activities at once, prosecutors have more “ammunition” against him.

To craft your most appropriate defense of the Beverly Hills DUI, you need to be very forthcoming with your Los Angeles DUI attorney – honest and open about what happened – and you have to anticipate and effectively counter argue the charges and evidence that the prosecution will throw against you.

Of course, understanding what the prosecution will do requires being able to put on a “prosecutor’s hat” and think like the other side will. Even experienced and adept attorneys who deal with cases like DUI in Beverly Hills are often unable to do this because they’ve never fought legal battles from the other side. Fortunately, you have an ally in attorney Michael Kraut. As the founder of the Kraut Criminal & DUI Lawyers in Beverly Hills (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), Mr. Kraut actually served as a prosecutor for a long time – over 14 years. He uses this unique perspective and his insights into the prosecutor’s mindset to come up with efficient, compassionate, and successful strategies for his clients. Mr. Kraut is a Harvard Law School educated attorney, and he provides free and confidential case consultations.

Published on: February 27, 2012

Long Beach DUI Blame Game – Part 1: The Judgments of Others

by Michael Kraut

Getting stopped and charged with a crime like Long Beach DUI can be a harrowing ordeal. Even if you didn’t cause injuries or property damage — and even if the evidence ultimately exonerates you — damage has been done.

The problem goes beyond fear of the punishments and penalties – jail time, massive fines, huge spikes on your insurance rates, etc. It even goes beyond the more subtle “penalties” — loss of respect from peers and family, logistical problems stemming from loss of your driver’s license, fears about your own judgment and maturity, etc.

Sure, all those things matter. But there is another root problem that’s causing stress.

Here it is: You are attuned to hearing the judgments, guilt, name calling, and diagnoses of others – you accept these labels as “facts” about you.

Before we discuss this in detail, keep in mind that, as any Los Angeles DUI attorney will tell you, if you did drive under the influence in Long Beach, you have problems and obstacles in your path, and you need to approach them correctly and strategically.

On the other hand, it might be helpful to start to translate the judgments and labels of others into what famous psychologist Dr. Marshall Rosenberg termed “feelings and needs.” Often, when people in our lives judge us or call us names, what they are really doing is expressing anger or frustration at their needs not being met.

For instance, say you told your aunt Suzie that you got tagged for driving under the influence in Long Beach. She snaps back something along the lines of “I always knew you’d be a failure” or something similarly hurtful. Now, you can hear her judgment as “the truth.” Or you can look deeper inside it and try to hear her pain and needs. For instance, why might she be in pain? Why might her hearing the news of your DUI spark that anger and judgment? Perhaps she recently had a scary encounter on the roads, and she needs safety. Perhaps she recently learned lost a friend in a DUI accident similar to yours, and she is furious and deeply sad about that.

When you start to listen to her and connect with her on this level, statements as judgmental as “you are the worst person in the world” become translated into things like “I am furious because I really need safety” or “I am enraged and depressed because I recently lost my friend to a DUI driver.” It’s very difficult at first for us to listen to people’s anger and judgments and translate them this way – it takes a ton of practice. But if you’ve recently been insulted or guilted or judged for your DUI, you might find it useful to sit down and really introspect on what that person what was feeling and needing and why.

This is important not just because it helps you humanize the other person but also because it frees you from internal judgments, which can perpetuate negative cycles. If you hear and believe judgments like “you are a criminal who will never get better,” you can internalize that message and act it out. If, on other hand, you hear the feelings and needs behind these criticisms, you may be inspired to grow and change and work to serve life.

As your Los Angeles DUI attorney will tell you, the challenges of being a defendant are immense. But opportunities for learning and growth are there, too. Connect today with the team at the Kraut Criminal & DUI Lawyers in Long Beach for an experienced and confidential consultation. Attorney 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 widely respected and highly successful Harvard Law School educated Long Beach DUI criminal defense attorney.

Published on: February 6, 2012

Taran Noah Smith, Home Improvement Star, Hit with Burbank DUI Charge

by Michael Kraut

Home Improvement star Taran Noah Smith’s driving record may need improvement; the 27-year old actor was stopped last Tuesday for driving under the influence in Burbank.

According to news reports, police pulled Smith over near Third Street and Burbank Boulevard early Tuesday morning. The Burbank Leader reports that Smith’s car had been parked, but the vehicle was still running. Police smelled marijuana around the vicinity and found what they believed to drugs in Smith’s 1998 Honda Accord. After being arrested for driving under the influence in Burbank, Smith was booked into a Glendale jail and held on a bail of $10,000. His court date is set for March 1.

Smith is probably best known for his role as the youngest child on Tim Allen’s Home Improvement, which ran from 1991 to 1997. He got his start as a child actor young – at age seven.

Smith’s Burbank DUI arrest highlights several important factors:

• Being a celebrity does not immunize you from getting arrested for marijuana or alcohol-related Burbank DUI. The law is the law, no matter what your station in life or level of celebrity;
• You can still be arrested for Burbank DUI, even if your vehicle is not actively being driven on the road. Consider Smith’s situation – his vehicle was stopped when the police found him (although the motor was running);
• Early mornings and weekend nights are particularly dangerous times for drivers, since the average car is more likely to be driven by someone who is Burbank DUI. This is just pure statistics. People party and/or drink on the weekends and evenings. So if you want to avoid drivers who might be under the influence in Burbank or elsewhere in Southern California, avoid driving during these dangerous times – late at night, Friday and Saturday nights, and national holidays.

How might the arrest redound for Smith’s career? Likely, that question is low on his list of priorities. In fact, a Burbank DUI charge – even a relatively minor one that does not involve injuries or damage – can lead to a cavalcade of penalties, such as not insignificant jail time, California license suspension, mandatory alcohol education classes, forced installation of an IID device in your vehicle (which means you cannot drive unless you blow a sober breath into a machine), annoying court costs and fines, and so forth.

And let’s not forget the indirect costs of Burbank DUI! These can include huge insurance-related problems (which in and of themselves can cost you thousands of dollars over several years) and damage to your professional and personal reputation.

As an experienced Los Angeles DUI lawyer will tell you, it’s no fun to face these charges.

The silver lining (if there is one) is that you do not have to fight this battle on your own. Help and resources abound, if you’re willing to do research, accept strategic guidance, and take responsibility for what’s happened to you. A Los Angeles DUI attorney at the Kraut Criminal & DUI Lawyers can help you make significant progress towards restoring your reputation, blunting the charges against you, and developing a strategic battle plan not just to move beyond this one event but also to get the help and support you need to get your life back on track.

Attorney Kraut is a vastly experienced, highly reputable and compassionate Burbank DUI criminal offense attorney (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). He also has unique experience, in that he has played for “both sides” – prosecutor and defense attorney. He can leverage his first-hand experience as a prosecutor to help you understand what prosecutors will be planning.

Published on: January 30, 2012

The Slippery Slope to Los Angeles Medicare Fraud (And Other Crimes)

by Michael Kraut

Angelenos read the stories all the time and judge harshly: when doctors, chiropractors, dentists, pharmacists and other providers commit healthcare fraud in Los Angeles, we have a visceral reaction of disgust.

• How could someone charged with caring for the lives of our neighbors so grotesquely take advantage of their positions of power?

• Given our fiscal crisis at home here in California and nationwide, why would anyone try to rob the already fast-dwindling Medicare coffers?

Published on: January 22, 2012

Police Chief Convicted of DUI – Long Beach DUI Attorney Reacts

by Michael Kraut

Those who drive under the influence in Long Beach and cause injury accidents are often ignorant of the law or of the consequences of their actions.

Or, at least, the conventional wisdom would have you believe that.

As we have covered countless times on this Long Beach DUI blog, all sorts of people are stopped, arrested, and ultimately convicted for DUI – some of whom even make and enforce the DUI laws. When lawmakers, police officers, prosecutors, and others who work in the Long Beach DUI system are tagged for such crimes, a big hubbub in the media and blogosphere inevitably sparks. Makes sense, right? After all, police officers, Congressmen, Los Angeles DUI attorneys, etc understand the dangers better than practically anybody out there.

That’s why a recent fiasco out of Etowah County, Alabama, has attracted so much head-scratching among Los Angeles DUI lawyers.

According to WHNT News 19, the police chief of Tuscumbia, AL, Tony Logan, was convicted by jury last week of misdemeanor DUI. Logan was sentenced to 30 days, and his driver’s license might be suspended. But his punishment is less interesting than the fact that he was not just a police officer, but the chief of police for a whole town.

Brandon Hughes, a local prosecutor, summed up the jury’s message: “Drinking and driving on Alabama’s roadways is not going to be tolerated. I just hope it sends a message to folks around the state…to be more careful…there are repercussions [for driving DUI].”

Is there any moral to this story? Can we learn anything from Tony Logan’s experience?

Indeed, we can.

Logan’s arrest and subsequent conviction demonstrates how easy it is easy for anyone — even a super-educated Los Angeles DUI lawyer who understands the dangers of driving under the influence on a very personal level and who works with DUI cases on a day-to-day basis — can make errors of judgment that lead to arrests, accidents, and worse.

Of course, this is not to excuse bad behavior or DUI – it is merely to place it in context. If you were arrested for driving under the influence in Long Beach or for engaging in other misbehavior behind the wheel, you are not alone. The transgression doesn’t make you a bad person, or even a bad driver. (It does, however, mean that you might need a Los Angeles DUI attorney.)

Going forward, keep the following in mind:

1. Learn from your mistakes, if you made any, to avoid getting into similar trouble.

To do this, you need to reflect on what happened: what caused you to misbehave or ignore the Long Beach DUI laws?

2. Deal with the reality of your arrest and charges.

A Long Beach DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) will help you plan the next steps. Attorney Kraut is one of the most respected local DUI attorneys – he has a great reputation among his legal peers, a nearly immaculate record at jury trials, and he draws on his Harvard Law School education and background as a former Deputy District Attorney (14+ years) to deliver superlative service for his clients.

Published on: January 9, 2012

Breaking Long Beach DUI Field Sobriety Test News: Unlicensed Drivers Will No Longer Get Their Cars Towed at FSTs

by Michael Kraut

On January 1, Cedillo’s Law went into effect, which could reshape the landscape of Long Beach DUI field sobriety tests (and FSTs throughout the Southland). The law is designed to protect undocumented and unlicensed immigrants from being exploited by towing companies. It forbids authorities at FSTs for DUI in Long Beach and elsewhere from towing the car of a driver operating a vehicle without a license.

Advocates of the law are thrilled; they point out that towing truck operators exploited the old towing rule, particularly at intersections in East and South Los Angeles. A spokesman for the Southern California Immigration Coalition, Ron Gochez, told the Los Angeles Times: “They know which communities have a higher population of unlicensed drivers…we see it [the current towing paradigm] as a money making scheme off the backs of poor people.”

Cedillo’s Law was opposed by groups like the Los Angeles Police Protection League and by grieving fathers like Dan Rosenberg, who lost his young son in 2011, when an unlicensed driver crashed into him. Rosenberg told the Times: “I have a lot of sensitivity for people who are willing to risk their lives to come to this country illegally…but you can’t do that the expense of others.”

While we can debate the merits of Cedillo’s Law, the fact is that it is now law. Unfortunately, many drivers arrested for crimes like driving under the influence in Long Beach lack a complete understanding of their rights and obligations under laws like California Vehicle Code Section 23152(a) or 23152(b).

Fortunately, you need not struggle through the minutiae on your own. An experienced, thorough, and compassionate Long Beach DUI criminal defense attorney from the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can be your ally and advocate as you navigate new challenges. Connect with the team here at Kraut Criminal & DUI Lawyers right now to understand potential options and make the most of your defense.

Published on: December 26, 2011

Metaphor for Learning Your Loved One Stopped for Pasadena DUI: Radiation Reported in Japanese Baby Formula

by Michael Kraut

No one ever expects the call.

When you find out that someone you love – a husband, wife, child, close friend – was pulled over for driving under the influence in Pasadena, your mind reels. What happened? Is he/she okay? Was anyone else hurt? What were the damage? Where are victims now? Questions like these flood your brain and overwhelm you.

In many ways, it takes just a simple announcement – a teensy bit of information – to radically change your perception of your long term relationship and of your life going forward.

Absent a dramatic metaphor, this discussion has been boilerplate. Of course, a Pasadena DUI charge will change your life and the life of everyone of your family. Of course, if you get convicted of violating California Vehicle Code Section 23152 (a) or 23152 (b) (or the injury DUI laws 23153(a) or 23153 (b)) life is going to be different and scary. You may face jail time, massive fines and other costs, insurance problems, driver’s license suspension, etc.

But those descriptions don’t really get at what it really feels like to be on the inside of a DUI defense situation.

Fortunately, we can turn to the Japanese for an appropriate metaphor.

Two weeks ago, a Tokyo-based infant formula company, Meiji company, issued a recall of 400,000 cans of formula because of fears that the baby food contained radioactive cesium. Officials are blaming the March 11 hurricane/tsunami that walloped Japan, which led to a multiple-core meltdown at a Japanese nuclear facility, which in turn may have indirectly contaminated the formula. Public health officials in Japan have been quick to reassure. But once the cat’s out of the bag, panic naturally sets in.

Likewise, once someone gets arrested for Pasadena DUI – irrespective of the circumstances – panic sets in.

What do you do? Who can you call? Why did it happen? How can it never happen again?

To make sense of all these questions, speak with an experienced, highly respected Pasadena DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut understands DUI law from both sides. For 14-plus years, he served as a prosecutor, during which time he prosecuted many Los Angeles DUI cases. Now, in his capacity as a criminal defense attorney, the Harvard Law School-educated Mr. Kraut works tirelessly to educate his clients and help them build the stiffest and most strategic defenses possible.

Published on: December 18, 2011

The Perfect Metaphor for Glendale DUI: MythBusters Show Rockets Cannonball Through Sleeping Couple’s House

by Michael Kraut

Practically no one intends to drive under the influence in Glendale. Misjudgments, carelessness, and other factors come into play and ultimately lead to dire circumstances. It’s typical for Glendale DUI defendants to have trouble explaining to other people precisely what went wrong and why.

After all, everyone knows the dangers of driving under the influence in Glendale — the serious penalties that you can face if you violate the law, not to mention the long-term costs that you will face financially, emotionally, and physically. Often what happens is not a thought out “breaking of the law,” but rather a momentary lapse of reason that has consequences well beyond the moment.

That’s all a little abstract. The explanation does not have the metaphorical punch needed to really communicate this feeling. Fortunately, the Discovery Channel’s MythBusters accidentally created the perfect metaphor to help give people perspective for what it feels like get busted for Glendale DUI. On December 7, the MythBusters team was experimenting with what happens to a cannon when it fires materials other than cannonballs.

Guess what? A massive accident happens!

According to the Times, the Discovery team fired a cannon at some trash cans, but the projectile went off course into a nearby home, where a couple was sleeping. Their bedroom was pierced by a 10-inch hole. According to the Times, “the cannonball was travelling as fast as a bullet. It exited the house, bounced across four lanes of traffic, struck the roof of another house and then smashed through the window of a parked minivan.” Fortunately – miraculously, perhaps – no one was injured. But the incident shows how small miscalibrations, accidental or even on purpose, can ricochet to massive, dangerous effects.

Likewise, when you miscalibrate how to drive in Glendale – drive too fast, drive while distracted, drive while DUI – the consequences can be metaphorically similar to the consequences of that misfired cannonball shot. Damages to life and limb can be the tragic consequence.

If you or someone you care about needs a Glendale DUI criminal defense attorney, trust Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Mr. Kraut is a Harvard Law School-educated former District Attorney (14-plus years in that office) who has close relationships with those in the legal community and a terrific track record helping defendants like you.

Published on: November 22, 2011

Every Parent’s Worst Glendale DUI Nightmare: What If You Kid’s School Bus Driver Had a BAC of 0.25%??

by Michael Kraut

Every driver in the valley is somewhat sensitized to the dangers of driving under the influence in Glendale, etc.

But if you are a parent, you’re probably especially aware of vulnerabilities that you and your kids face on freeways and even surface streets. That’s why so many people here in the Southland – especially parents – were alarmed by a story out last week out of New Jersey. According to USA Today, a 46-year-old bus driver, Carole Crockett was arrested last Monday afternoon, after she drove 25 children to Westhampton Middle School in NJ while intoxicated.

How “under the influence” exactly was Crockett?

According to newspaper reports, the bus driver blew a blood alcohol level of 0.25% – to put that in perspective, that’s more than three times the legal limit for Glendale DUI, as defined by California Vehicle Code Section 23152. (Indeed, the 0.08% threshold is the national standard, according to the Highway Safety Research and Communications organization.)

How, exactly, did this bus driver DUI situation transpire? Here’s a quote from the Washington Post’s blog: “children in a school bus in New Jersey called their parents to say the driver was swerving and falling asleep behind the wheel. The parents called the Westhampton Middle School, which alerted police. Officers found Carole Crockett at Holly Hills High School trying to pick up more students.”

These extra details create new cause for consternation.

Number one: why did the bus driver continue to try to pick up students, after she was falling asleep behind the wheel? That’s terrifying.

Number two: how could any parent have known and thus prepared against such a contingency? The answer is: not even the most prepared parent could.

Per the Post, 46-year-old Crockett “faces 25 counts of driving under the influence with a minor and child endangerment.”

Obviously, most people react in a shock horror to stories about Glendale DUI school bus accidents and the like. But the reality is, any time you drive under the influence of alcohol, drugs, or even prescription medications, you potentially put not only your own life but also the lives of others in serious danger.

For help understanding your rights and responsibilities, connect with an experienced Glendale DUI criminal defense attorney, such as Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Michael Kraut is a former city prosecutor with a wealth of experience, deep connections with the legal community, and a reputation not only for stellar performance but also for passionate and powerful service.