DUI Category Archives — Page 39 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: April 3, 2009

Los Angeles DUI arrests are on the rise in Southern California

Driving under the influence arrests are significantly on the increase during the past year. In this troubled economy city and State budgets are being balanced on the backs of both the young and old who drink and drive. For that reason it is important that the first thing to do after an arrest is to immediately contact a Los Angeles DUI defense attorney who handles driving under the influence cases in Southern California.

The risks to career, paycheck, bank account and harm to the future by having a criminal records are immense. Often times DUI arrestees believe that a well trained Los Angeles DUI defense attorney costs money. But the truth is, failing to hire an attorney could result in more sever costs in the long run. For example, if your DUI defense attorney is able to lower the charges and plead your case down to a “wet reckless”, the fines are significantly lower then a full DUI. The alcohol awareness course is shorter in duration, thus saving you more money, and in many cases your insurance premium may not go sky high. Thereby, your Los Angeles DUI defense attorney may have paid for himself by the reduced fines and costs.

Published on: April 1, 2009

Hermosa Beach DUI By Fireman Results In Reversal Of Job Loss

by Michael Kraut

A Los Angeles judge allowed a Hermosa firefighter to return to work after he reversed a Civil Service Commission ruling. The judge found that Sheldon Osekowsky, a 22 year veteran firefighter, was improperly fired a Southern California DUI. In 2006 he had been arrested and plead guilty to driving under the influence, a criminal charge. At that time his license was suspended for a year and the Fire Department removed him his position as a driver of fire equipment. After 10 months in a different position at the Hermosa Fire Department, he was summarily fired.

Osekowsky fought the decision all the way through the Los Angeles Civil Service Commission. The Commission ruled against the fireman. It was not clear if the fireman attempted to fight his charges with a Los Angeles or Southern California DUI defense attorney. A well trained Los Angeles DUI attorney can attack the evidence and procedures used by law enforcement. In some cases, fighting the charges can result in a not guilty finding. In many cases,if a person is found not guilty of the DUI charges, he or she will not result in a person loosing their job, pension, driver’s license, and not having to pay the huge fines and fees that are mandated by the courts.

The case was then taken to Superior Court where Judge James Chalfant reversed the Commission’s ruling and reinstated the fireman. The case then went back to the Commission to decide what punishment, short of termination, was going to be imposed. The Commission may impose a 30 day suspension.

Published on: March 31, 2009

Lindsay Lohan’s Los Angeles DUI Arrest Warrant Quashed By The Beverly Hills Judge

by Michael Kraut

The judge in the Lindsay Lohan Southern California DUI case was given incorrect information resulting in an arrest warrant for her arrest. Judge Marsha Revel was not given all of the information when she signed the warrant. The Los Angeles DUI defense attorney immediately went into court and corrected the error.

When a person is arrested and convicted for driving under the influence in Southern California (DUI), they will be placed on probation for a period of between 3 and 5 years. During that time person will need to comply will all of the strict terms and conditions. If there is a violation, then the person could serve up to 6 months in jail. Judges usually do not impose the full amount of jail time until there are so many violations that they give up on the Los Angeles DUI suspect.

Lohan’s DUI problems began back in May, 2007, when she was pulled over and arrested for her second Beverly Hills DUI. Along witht he DUI arrest, she was also charged with cocaine possession. That charge is a felony, but for a first time offender a top notch drug defense attorney will usually be able to get their clients into a formal drug diversion program.

Published on: March 27, 2009

NFL Star Player Brian Bosworth Arrested For DUI In Los Angeles Neighborhood of Hollywood

by Michael Kraut

This past Friday the famous former football player-turned-actor Brian Bosworth was arrested for a DUI in Los Angeles. He was charged with two misdemeanors. Each count has a penalty of 6 months in jail and a number of other consequences. It was important that once he was arrested with a Los Angeles DUI, he needed to call his Los Angeles DUI defense attorney Michael Kraut.

It is the job of a top notch Southern California DUI defense attorney to attack the evidence that may be amassed against the DUI suspect. Many people do not realize that a first time Los Angeles DUI can have devastating effects. There are many people who think hiring a Southern California DUI defense attorney is not going to help. But of the consequences of jail time, huge fines of over $1000.00 plus penalty assessments, and suspension of a driver’s license, can have ruin a person’s life. In this tough economic times, a good Los Angeles DUI defense attorney can make the difference between a person going to jail and loosing their job, and being found not guilty of the charges. In addition to the above named consequences, a person convicted of these DUI charges can expect to have to enroll in a very expensive alcohol education class, probation for 3 years and sky high insurance rates. When one looks at the real financial consequences of a DUI, a Los Angeles DUI defense attorney can more then pay for their services in time and money saved.n custody, with a maximum 6 months in jail.

The evidence can be fought based upon the breath machine being faulty or out of calibration, the officer’s personal biases, failure to comply with policies or proce,dures, mistakes in the police reports and other evidence problems.

Published on: January 22, 2009

Shia LaBoef Looses Driver’s License After Los Angeles DUI

by Michael Kraut

Super star actor Shia LaBoef was previously arrested for a DUI in Southern California in July of 2008. He immediately hired a pre-filing Los Angeles DUI criminal defense attorney who was able to meet with local law enforcement and prosecutors. These actions by his Southern California criminal defense attorney benefited the Transformers star. After initially stating that he would face DUI charges, the Los Angeles Sheriff’s Department stated that there was insufficient evidence to file criminal charges.

However, the California Department of Motor Vehicles still had jurisdiction to take action against his driver’s license pursuant to Vehicle Code Section 133532. Because he refused to take a breathalyzer test, the DMV filed a Los Angeles DUI refusal charge and his license was suspended for one year.

Many people do not know that when the the police have a reasonable suspension that a crime has been committed and that there was a DUI for drugs or a DUI because alcohol might have been involved they may demand that you take a chemical test to determine if you were under the influence at the time you were driving.

If you refuse, then the DMV will suspend your license for one year. There is no possibility for a restricted license. It dos not matter if the prosecutor decides that there is not enough evidence to file criminal charges, the DMV still will suspend your license. A Los Angeles DUI defense attorney from the Kraut Criminal & DUI Lawyers may be able to attack the refusal on several grounds. If, after a hearing , the DMV believes that in fact there was not a “valid” refusal, then your license will not be suspended. It is very important to immediately hire a Southern California DUI defense attorney who practices Los Angeles DUI, Pasadena DUI, and San Fernando Valley DUI law. There are complicated motions that can be filed that may protect your license. Some people thing that a private DUI attorney may cost a lot. However, in many cases, the cost of the private Los Angeles DUI attorney will be offset by the money saved by winning your case. Even a reduction of fees and costs or a plea to a lesser charge will more then pay for the attorney in money saved.

Published on: January 21, 2009

New Beginning for Los Angeles and Southern California Criminal Law

by Michael Kraut

As we see the beginning of a new President and Vice President for the United States, we will most likely see a new beginning for criminal prosecutions for Los Angeles DUIs and Southern California criminal law.

Already the new administration has claimed that there will be a clamp down on crime. The local administrations have also claimed that they will vigorously prosecute even minor offenses. It will not matter if you are arrested for a Los Angeles DUI, a Long Beach crime, a San Fernando robbery, or a Pasadena DUI, the police will be trying to enforce the law to the fullest. For that reason, it is important to hire a Los Angeles criminal defense attorney who has the experience and knowledge to defend you.

The new emphasis on punishment for minor offenses is going to put regular citizens in a bad position. In the past, judges and prosecutors understood that there is a clear difference between people who are law abiding but who make a mistake, and those who a repeat offenders. Now, even minor offenses are going to punished more severely.

Published on: January 19, 2009

Heather Locklear’s Los Angeles DUI dismissed

by Michael Kraut

Heather Locklear had her DUI case dismissed after her Southern California DUI attorney was able to have the case reduced to reckless driving. Because her case was reduced from a DUI pursuant to California Vehicle Code Section 23152(a) and 23152(b), to a simple reckless driving, Ms. Locklear will not have to pay the more serious fines and court costs associated with the DUI charge. Instead, she will have to merely pay $700 in fines for the misdemeanor crime. She was also ordered to take a 12-hour drug education course.

Locklear was arrested last September for driving under the influence of prescription drugs. She was observed by a private citizen driving in an awkward manner. The woman called the police and the Melrose place actress was arrested for DUI.

Most people do not know that it is a crime in Los Angeles and throughout California to drive under the influence of any drug. The crime is driving under the influence of a drug, it does not matter whether the drug is an illegal narcotic, medical marijuana or a valid prescription drug.

When a person is arrested for a DUI because of having an blood alcohol content over .08 then the DMV will automatically suspend your driver’s license. However, if you are arrested for driving under the influence of drugs then the DMV will not automatically suspend your driver’s license. They will wait until the court proceedings are completed. If you are convicted of a DUI drug crime, then the DMV will take action against your license.

Published on: January 10, 2009

Charles Barkley Is Off the Air After He Gets A DUI, Now He Must Be Careful Due To The Severe Penalites Resulting From A Drunk Driving Conviction

by Michael Kraut

Basketball great Charles Barkley is going off the air after he is arrested for a DUI. While he was arrested in Scottsdale, Arizona, the legal limit for DUI is the same there as it is for a Los Angeles and Southern California DUI, .08 percent blood alcohol.

For personal reasons Barkley will be taking a leave of absence from sports announcing for at least several weeks,so that he can work on his personal problems resulting from the December 31st arrest.

TNT made the announcement only hours after the famous sports announcer was pulled over for a DUI. He failed his field sobriety tests after he was asked to step out of his car. Once he failed the tests he was then formally arrested and charged with DUI. According to reports, Barkley had been drinking at a local popular night spot and was pulled over as part of a DUI task force. Once he was taken to the police station he agreed to a breath test which indicated that he had a blood alcohol level (BAC) of .149 at the time he was driving, almost twice the legal limit of .08 in Arizona.

The consequences for a Los Angeles DUI or a DUI in Southern California can have major effects on a person’s life. It is important that a person stopped for a DUI their rights. That means when a person can resuse a breath test and when they cannot.

Published on: January 6, 2009

Patricia Arquette’s husband, Thomas Jane, arrested for DUI in Los Angeles

by Michael Kraut

In March of 2008 Thomas Jane, the actor married to “Medium” star Patricia Arquette, was arrested for a DUI in Los Angeles. This news was kept fairly quite because he hired a Los Angeles DUI defense attorney who knew how to manage both the Southern California DUI case, as well as the publicity that sometimes follows a celebrity crime arrest.

By hiring a pre-filing criminal defense attorney in Southern California you can increase your chances of successfully fighting your case. A Los Angeles DUI defense attorney, the actor is able to have his interests represented in an aggressive and sensitive manner.

The reason that anyone arrested for Southern California DUI should hire a Los Angeles DUI defense attorney is because the penalties are so severe in California. Even first time DUI convictions result in a jail sentence, a license suspension, a mandatory alcohol education course, huge fine to both the court and the alcohol programs. The person will also be on probation for a period of three years. During that probation period, if a Los Angeles DUI person is charged with another offense, then the court, on motion from of the prosecutor or the judge on its own motion, can institute a probation violation.

A probation violation does not require that a person is convicted of a new offense. Merely that they have violated the strict terms of probation. This can be used to revoke the probation and the person can face serious jail time. The court could even impose a full year in jail.

Published on: December 25, 2008

Christmas and Holiday Wishes From Los Angeles and Southern California

by Michael Kraut

I want to wish everyone in the Los Angeles and Southern California area who reads or is redirected to this Los Angeles and Southern California Criminal Defense Blog a Merry Christmas and Happy Hanukkah. This blog is now six months old and I am pleased that it seems to have helped so many people. I have received many comments from people around the area that they have been helped by the information here.

In an attempt to wrap it up for the year I want to make sure that people are safe for this holiday season. I also want those people people who get into a Los Angeles DUI that if they should be stopped by the police in at a Southern California DUI checkpoint, or by Los Angeles law enforcement, that a Los Angeles DUI defense attorney is available 24/7 to assist if you or a loved one.

Because Southern California DUIs are taken so seriously, you need to know your rights and responsibilities. Remember you do not need to take the Los Angeles Law Enforcement PAS test in the field. If you are stopped by the police make sure to be polite. If they ask you to take the Los Angeles field sobriety tests you must comply. But if they ask or demand that you take a PAS test you are allowed to refuse. It is the recommendation of this Los Angeles DUI defense attorney to refuse this test. It can only be used against you. If you blow a significant BAC then you will be arrested. If you are taken to the police station you will be offered a choice of the breath or blood test. The choice is yours. But try to delay the test as long as possible. The law requires that the blood test must be taken with a specific time. If it is not done within the allotted time then the results will be thrown out in court.