DUI Category Archives — Page 29 of 41 — Los Angeles Criminal Defense Attorney Blog Published by Los Angeles & Southern California Criminal & DUI Defense Attorney — Medical Marijuana Defense Attorney Michael Kraut

Published on: January 15, 2014

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

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.

Published on: January 10, 2014

New Test for Los Angeles Drug DUI: Voluntary Swab Test Could Cause Spike in Arrests

by Michael Kraut

If you were arrested for a drug DUI in Los Angeles last year, you were in pretty rare company. Only 598 drug DUI cases came before the city attorney’s office in 2013. By comparison, during the 2012 winter holiday alone, there were nearly 600 DUI arrests.

Those numbers may soon shift, thanks to local prosecutors, who want to use an oral swab test to look for evidence of marijuana and other drug use. According to Los Angeles City Attorney, Mike Feuer, “traditionally, our officers focus on drunken driving cases… we are expanding drug collection aggressively, enforcing all impaired-driving laws.” According to a new Los Angeles Times story on the new drug DUI swab testing, the eight minute test of oral fluids can detect a surprisingly wide array of substances, including:

• Amphetamines;
• Methadone;
• THC (the active chemical component in marijuana);
• Benzodiazepine (Xanax);
• Methamphetamine;
• Cocaine;
• Narcotic analgesics.

Thus far, Los Angeles prosecutors have not used oral swabs as evidence in any case, but all indicators suggest that that hiatus will not last. Big questions remain, however, such as:

• Will the court accept the oral swabs as evidence?
• What can defendants do to attack prosecutorial arguments and evidence?
• Will this enhanced testing actually make Los Angeles roads safer?
• How accurate and precise are the tests, and what are the expected variations among different people in the population? For instance, it’s likely that a 300 pound diabetic male will metabolize certain drugs far differently than will a 82-year-old lean, athletic woman.

The point is that any time the prosecutor uses a test – be it a breathalyzer for DUI or a swab test for drug DUI – you need to examine that evidence in a broader context that considers both the arrest and the person’s physiology.

To develop an active defense against your Los Angeles DUI charges, look to the team here at the Kraut Criminal & DUI Lawyers for innovative, intelligent defense strategies.

Published on: January 8, 2014

Focusing on Your Glendale DUI Defense

by Michael Kraut

Your recent Glendale DUI arrest is one of the few topics you feel uncomfortable even thinking about.

When close friends and family members – who are totally on your side – ask you about it, you flinch and even snap at them. The very fact that you’ve been self aware enough to research Glendale DUI defense options on the web is a good sign – an indicator that you recognize the need to respond to your charges strategically.

As any yogi or student of Eastern mythology or battle tactics will tell you, focus equals power. When you are too diverse and diluted with your attention, you cannot make the progress you need to make. The reason karate masters can break bricks with their hands, for instance, has to do with their ability to focus. Same holds true for high level corporate executive, actors, and entrepreneurs. Focus = power. If you cannot create and hold a vision in your mind of where you want to get to, you may never get the resources you need to achieve your ends.

Why all the focus on “focus?” Isn’t it already pretty obvious that your Glendale DUI defense deserves substantial concentration?

Yes and no.

Many people spend a lot of time worrying about the consequences of their DUI and replaying the arrest/accident in their minds. But this thinking isn’t particularly productive.

Instead, you might find it more resourceful to imagine what life will be like after you completely and thoroughly resolve your Glendale DUI situation. Probably, that means the following:

• You will be out of jail;
• You will have paid off your fines and fees;
• You will have served your alcohol school time and probation;
• You will have repaired your criminal record to the best of your ability.

Make these focal points realistic. You might want to write them down on a piece of paper or a Word document and concentrate on them at least once or twice a day. Envision what the final result will look like in your mind. Spend time savoring the emotion of freedom from worry, etc. This focus, when done daily, can guide you well.

Of course, it’s best not to develop this focus in a vacuum – you don’t want to overestimate (or underestimate) what can be accomplished. Let the team here at the Kraut Criminal & DUI Lawyers help develop your Glendale DUI defense. Connect with us today for a free consultation with a Harvard Law School educated ex-prosecutor, who has helped many people overcome their charges and reclaim their lives.

Published on: January 6, 2014

Glendale DUI Insanity: Man Purposely Runs From Cops Just “To See What It Was Like”

by Michael Kraut

For most people, the idea of getting a DUI in Glendale (or anywhere, for that matter) is less than appealing. It’s something to avoid.

And for good reason. Getting arrested and charged can wreak havoc on your life:

• Your license can be suspended.
• You may have to serve jail time.
• You may have to pay substantial fees and fines.
• The court may order you to install an interlock ignition device in your car.
• Etc.

But not everyone is scared by the prospect of getting a DUI. In fact, according to reports out of Bremerton Washington, a local man purposefully got arrested just because he wanted to see what it was like to evade police.

According to reports from KIRO TV in Washington, a 21-year-old man was driving wildly near Burwell and Naval Streets, when police saw him. The officer flipped on his lights, but the young man evaded and sped off. The officer followed him for a mile before stopping the chase because it was too dangerous. The evading driver finally pulled into an ally. Sergeant Kevin Crane said that the driver then put his hands on his head and let himself get arrested. The man told him “I just always wanted to do that. I wanted to see what it felt like.” There was no marijuana or alcohol in the car, but the Sergeant did book the young man on DUI charges as well as charges of reckless driving and evading police.

Most Glendale DUI defendants do not understand (or sympathize with) someone who purposefully breaks the law. But it can be tough to balance the desire to have fun and “live life” with the need to be safe and avoid hurting yourself or others.

Figuring out this line is surprisingly difficult.

For instance, let’s say you’re a 260 pound male. You have three drinks within a five hour period at a party. Is it safe to get behind the wheel?

Maybe it is, maybe it isn’t.

Maybe your metabolism is not great at processing alcohol: in spite of your weight, you would test above the Glendale DUI limit of 0.08%. Or maybe you could “get away with” driving after three drinks.

But here’s the thing: just because you are under the 0.08% limit doesn’t mean that you’re “good to go.” In fact, you can still be at a substantially elevated risk of hurting someone or doing something stupid behind the wheel. So don’t push your luck.

To avoid a conviction for Glendale DUI, you need to be smart and strategic, and there’s no guarantee of success even then. Consider scheduling a free consultation with Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a thorough, credentialed Long Beach DUI defense attorney; he can protect your rights and build a sound defense strategy.

Published on: January 2, 2014

3 Consequences of Your Pasadena DUI That Can Be Worse Than Jail

by Michael Kraut

A Pasadena DUI arrest can land you behind bars.

No one wants to pay big fines or pay to have an encumbering interlock ignition device installed on her car. But JAIL holds a special place in the pantheon of scary punishments.

Just thinking about jail may dredge up scary scenes from TV shows like Tom Fontana’s Oz or Orange Is The New Black. But as bad as going to jail can be – it may pale in comparison with some problems that could arise if you fail to handle your DUI defense adroitly.

Here are three:

1. License suspension
How could a license suspension be worse than jail? Here’s how:

Let’s say you live in Pasadena and commute to Santa Monica for work. The license suspension can effectively render you unable to work and lead to your being fired. The long-term repercussions of unemployment could means tens of thousands of dollars to your bottom line — not to mention depression, humiliation and anxiety.

2. Loss of basic civil rights
If convicted of a felony Pasadena DUI, you will permanently lose certain key civil rights, such as the right to vote. Plus, future employers, lenders, and other important people in your life will be less than thrilled with the prospect of employing, lending to, or being in a relationship with a convicted felon.

The consequences could haunt you for a lifetime.

3. Increased likelihood of recidivism
Recidivism means getting caught for the same crime again.

The California penal system is incredibly tough on recidivists. You’ve probably heard about the notorious “three strikes law,” which hammers offenders convicted of three separate crimes with huge penalties. Statistics show that people convicted once for crimes like Long Beach DUI are much more likely to get in trouble again with the law.

The second (or third) time may not be pretty.

So what can you do?

Given the legal intricacies of your current situation, you won’t likely find answers by surfing the internet. Fortunately, the Pasadena DUI defense team at Kraut Criminal & DUI Lawyers can help you get a deeper understanding of your charges. Get in touch with Mr. Kraut and his team today to take back your future.

Published on: December 30, 2013

Burbank DUI Defense Saga – Lessons from the Extravagant, Ridiculous Tale of Toronto Mayor Rob Ford (Part 2)

by Michael Kraut

Burbank DUI news has taken a back seat recently in the papers, thanks to the bizarre antics and astounding confabulations of Toronto Mayor, Rob Ford.

In a recent post, we detailed Mayor Ford’s litany of legal and political troubles, including sexual harassment claims and, of course, claims that he knocked over an elderly councilwoman at a meeting, during which his city council stripped him of his mayoral powers. (Why? In part, because he was allegedly videotaped smoking crack cocaine, while in office.)

In an event. Mayor Ford may yet have the last laugh:

• He remains in office;
• He still owns a 42% approval rating from Toronto residents;
• He’s confident that he’ll win re-election in 2014;
• He claims to be “loving” the attention on the world stage.

So what does his situation mean for you, if you’re facing a Burbank DUI charge?
You may be annoyed, if not horrified, by Mayor Ford’s exuberance and defiance. But the positive lesson (from your point of view) is that it’s more than possible to rebound after embarrassing setbacks (like a Burbank DUI arrest) and succeed in life.

Of course, if you do something really stupid, silly or hypocritical, the press can get pretty sardonic. Consider the following zingers about Ford from the American press:

Jay Leno:

• “Apparently, there’s a huge crack problem in Toronto. Luckily, it’s just confined to the Mayor’s office.”
• “The Mayor of Toronto, Rob Ford, has lost some of his powers. So, apparently, he is snorting Kryptonite, too, I guess.”
• “The Toronto City Council has voted to drastically reduce Mayor Rob Ford’s powers. It says this reduces him to a mere figurehead, which still sounds better than crackhead.”

Jon Stewart:

• “The reference [to the Iraq invasion of Kuwait] may be dated, but in Rob Ford’s defense, it may be one of the last things he remembers.”
• “‘Apparently, the crack-smoking Mayor of Toronto has done it again…’ Here’s the sentence I’m assuming does not follow that sentence: “Saves the day.’”

Jimmy Fallon:

• “Now they’re trying to force him to take a leave of absence while they figure this all out. When asked what he would do with his time off, he [said] “probably smoke crack.”
• “After he admitted to smoking crack while in office, they gave him his own TV show. I guess the TV show was cancelled this week after just one episode, because it takes too much time to produce. When he heard that, Ford said ‘I know something that can make it go a lot faster.'”

If you or someone you know faces a Burbank DUI charge, the ramifications for you and your family could be quite serious. Please connect with former Senior Deputy District Attorney, Michael Kraut, for thorough, strategic assistance in building your DUI defense.

Published on: December 23, 2013

Burbank DUI Defense Saga – Lessons from the Extravagant, Ridiculous Tale of Toronto Mayor Rob Ford (Part 1)

by Michael Kraut

As someone who has been charged with DUI in Burbank (or elsewhere in Southern California), you’re probably feeling pretty nervous about your future.

• Will you lose your license or your job?
• Will you go to jail?
• Will you need to spend months attending classes or doing community service?
• Will your auto insurance go through the roof?

But some folks who get charged with serious crimes, like DUI in Burbank, are not that phased. For an extreme example, consider the astonishing case of Toronto Mayor, Rob Ford. The local city council recently stripped him of his mayoral powers, after video surfaced showing him smoking crack cocaine. During a televised meeting, Ford aggressively pushed over a 90 pound woman, while rampaging around a community center.

Notwithstanding, Mayor Ford’s approval rating among Torontans remains a solid 42% — two points higher, in fact, than President Obama’s current 40% approval rating.

You read that right: a mayor who literally smoked crack cocaine while in office and shoved an elderly female state official is more popular than our president.

Two out of five Torontans approve of the job he is doing.

Ford boasted to Fox News journalist, Bill O’ Reilly, that he believes voters will reelect him in October 2014 to a second term. Mayor Ford’s other scandals include nearly a bakers’ dozen worth of sexual harassment claims.

The following exchange from FOX News reported speaks volumes about the whole situation:

“‘Did I go out and party sometimes? Yes. I’m only human,’ Ford said.

Watters responded: “You party a little harder than most people.”

“I wouldn’t say that,” Ford said.

“Most people wouldn’t smoke crack when they party,” Watters replied.

“On Friday night, if I know I have nothing planned the next day, yeah, I’ll drink, I’ll have a big party,” Ford said in the tightly-edited video which saw Ford sweating profusely and gulping down water.”

Unsurprisingly, Ford has become cannon fodder for Late Night talk show hosts and comedians. But his situation speaks to the complexities that face many defendants in Burbank DUI cases. It’s hard to know how to respond, when you’ve been caught doing something that, in retrospect, was foolish or irresponsible.

To make sense of your case, connect today with a Burbank DUI defense lawyer with the Kraut Criminal & DUI Lawyers. Mr. Kraut is an experienced, aggressive ex-prosecutor with a wealth of experience battling charges that like the ones you’re facing.

Published on: December 16, 2013

Los Angeles DUI and Drug Crime News Update: Governor Brown Vetoes Reduced Penalties for Drug Possession Offences

by Michael Kraut

A political move could have powerful implications for your Los Angeles DUI or drug crime offense.

Governor Jerry Brown recently vetoed legislation that would have reduced penalties for people arrested for possessing heroin or cocaine. The proposed legislation would have transformed those charges from felonies to misdemeanors.

The current law – and future law, thanks to the veto – requires simple possession of heroin or cocaine to be charged as a felony punishable by up to three years behind bars. SB 649, the proposed bill – would have reduced the Los Angeles criminal charge down to what’s known as a wobbler – a crime that can be prosecuted as either a felony or a misdemeanor, depending on circumstances.

Kim Horiuchi, a lawyer for ACLU, expressed her organization’s displeasure with the veto: “Gov. Brown has rejected… modest reform that would have helped end mass incarceration in this state… Brown remains inexplicably opposed to meaningful sentencing reform.”

Not every group wanted reduced penalties. The California District Attorneys Association, for instance, fought SB 649. That group released a statement saying “most would concede that drug addictions destroy lives and families, and are damaging to society… minimizing the consequences of addictive and destructive behavior does not make it less addictive or destructive.”

While Governor Brown did oppose this particular piece of legislation, he said that he remained open to supporting other changes to the state’s criminal justice system.

Many statistics suggest that this system could definitely use some reform. A Human Rights Watch report from 2009, for instance, found that African Americans in California are arrested for drug possession crimes at a rate that’s three times the rate for whites. And new research into the nature of addiction suggests that many conventional approaches may not be particularly effective.

Fortunately, you do not have to fix the system yourself. You just need to get a handle on your own Los Angeles DUI or drug crime charges. To that end, consider working with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a former prosecutor who spent at least 14 years working in the capacity of Senior Deputy District Attorney for Los Angeles.

Published on: December 9, 2013

Crazy Burbank DUI Checkpoint News: Carjacker Discovered at Checkpoint

by Michael Kraut

Most Burbank DUI checkpoint arrests are rather pedestrian. A driver maybe has too much to drink at a pool hall in Burbank Town Center and gets stopped on Victory Boulevard by a patrol and tagged for Burbank DUI. Or an entertainment industry executive has a little too much to drink at Warner Bros.’ party on the lot and then get stops on Cahuenga.

But, sometimes, crazy things happen.

For instance, recently, up in Stanford, CA police at a DUI checkpoint nabbed a driver who was in the midst of committed a carjacking!

According to Sergeant Andrew Gallagher, a Green Honda stopped at a DUI checkpoint. The occupants seemed normal at first. Or was something “off”?

Turns out the driver had been carjacked — and his alleged assailant was sitting next to him, secretly pointing a weapon at his side. 22-year-old Michael Banks – the alleged carjacker – realized that he had steered the driver into a checkpoint. He told the man not to do anything, or else he would harm him. As soon as they got to the checkpoint, however, the driver (bravely) confessed to the police that he had been carjacked.

Authorities promptly yanked Banks out of car and found that he had a 5-inch-knife… along with the driver’s cell phone (which Banks had allegedly confiscated).

Police arrested the 22-year-old and charged him with a slate of crimes, including kidnapping, carrying a weapon in a motor vehicle, threatening, and first degree robbery. Banks was held in jail on a quarter million dollar bond.

DUI arrests in Burbank are common. But carjacking is a much rarer crime. According to Sergeant Gallagher, “[the checkpoint arrest] was pretty amazing … very unusual. You don’t see that very much.”

If you or someone you love was arrested for driving under the influence in Burbank (or elsewhere in the Southland) you may need methodical, smart legal guidance. Fortunately, you can trust former Los Angeles Senior Deputy District Attorney, Michael Kraut, and his seasoned team to provide a thorough and results-focused Burbank DUI defense.