Punishment

Published on: September 28, 2020

When Does an Argument Cross the Line into Domestic Violence?

It happens more often than you might think. You get into a heated discussion with your spouse, partner, or significant other. Tempers flare, voices are raised, tensions escalate. You’re now in a shouting match—perhaps loud enough to get the attention of the neighbors. Concerned, someone calls the police. Before you realize it, one of you is arrested and carried off on suspicion of domestic violence.

This type of scenario can be baffling, confusing, and frightening—for one or both of the people involved. Perhaps in your mind—and even in the mind of your partner—the two of you were just having a fight, a lover’s spat. Maybe no punches were even thrown. Was it, in fact, domestic violence? Is there enough evidence for the charges to stick? At what point does a basic family argument cross the line into domestic violence? Let’s unpack this question a little, looking at it first through the eyes of California law, and then from the standpoint of real life.

What the Law Says

Published on: February 24, 2020

Moving Past Domestic Violence Charges—Making the New Decade Better than the Last

by Michael Kraut

Few things in life can have a more profound negative impact on a family than domestic violence. Even being charged with DV, regardless of guilt or innocence, can deeply disrupt your world and leave lasting repercussions long after the fact.

But here’s the good news: These events don’t have to define the rest of your life. No matter how bad the circumstances, by acting and living with purpose going forward, you can move past those domestic violence charges and begin making your world better. The start of a new year and new decade affords a perfect opportunity to put the past in your rearview mirror. Let’s discuss some practical ways for you to prevent the bad things of the previous decade from following you into the 2020s.

Refuse to See Yourself as a Victim

Published on: August 21, 2019

Strategies to Deal Resourcefully with the Stress of a Los Angeles DUI Arrest

by Michael Kraut

Even in the best of circumstances, getting arrested in Los Angeles on suspicion of DUI can be remarkably stressful. In addition to the embarrassment and stigma associated with a DUI arrest, you also may face the very real prospects of fines, license suspension, jail time, and in some cases, the possibility of getting fired or being disqualified for certain types of work.

Facing just one of these possibilities is enough to wreak havoc on your mental health; with a DUI arrest, you may face all of them. While a good attorney can help you navigate these difficult waters toward the best possible outcome, you may need to practice a bit of self-care while working through the process. Let’s explore some practical strategies and tips for managing stress in the aftermath of a DUI arrest.

Put the Event in Perspective

Published on: July 16, 2019

FAQs About California Vehicle Code Section 23572 VC (DUI with a Minor Passenger)

by Michael Kraut

A DUI conviction in California comes with some stiff penalties, even for first-time offenders. However, if you have a minor in the car at the time of your alleged DUI, you could face enhanced penalties, including mandatory jail time. The specific law detailing these penalties is California Vehicle Section Code 23572 VC, sometimes called the “DUI with a Minor Passenger Penalty Enhancement.” The ramifications can be confusing at times, so let’s unravel them by answering some of the most commonly asked questions about this law and how it may affect your sentence if you’re convicted of a DUI.

What is California Vehicle Section Code 23572 VC?

This section of the vehicle code prescribes specific additional sentencing by the courts “if any person is convicted of a violation of Section 23152 [DUI] and a minor under 14 years of age was a passenger in the vehicle at the time of the offense.” If convicted of a DUI where the law applies, it requires the courts to enforce mandatory jail time in addition to whatever sentence the judge gives for the DUI itself. The upshot is that if you had a child under age 14 in the car at the time of your DUI arrest and you are convicted, you will spend time in jail, even if it’s your first DUI offense.

Published on: May 22, 2019

Everything You Wanted to Know about Motorcycle DUIs in California

by Michael Kraut

Here in California, motorcycles have become a highly popular alternative to driving an automobile. Some people use them for their work commutes because of their fuel efficiency and ability to navigate through heavy traffic. Others use them simply because they are fun to ride. Unfortunately, some people also ride motorcycles while under the influence of drugs or alcohol, perhaps assuming they are good to drive, or that the DUI laws don’t apply in the same way to motorcycles as to other vehicles. Many times, the decision to ride under these conditions can be deadly. If you own a motorcycle or are thinking of buying one, let’s discuss what you need to know about motorcycle DUIs in California.

The Same DUI Laws Apply to Motorcycles as to Other Vehicles

Under California Vehicle Code 23152, it is illegal to operate any vehicle while under the influence of alcohol or drugs. The law further defines a vehicle as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” Under this definition, a motorcycle is considered a motor vehicle in California, and the DUI laws apply in the exact same manner as driving an automobile. What does this mean for you as a motorcyclist?

Published on: February 16, 2019

DUI and Hit-and-Run in California: Making a Bad Situation Much Worse

by Michael Kraut

Hopefully you never put yourself in a situation like the following scenario, but for the sake of discussion let’s consider it:

Suppose you’ve been out with friends for the evening. You’ve had a couple of drinks, and while you might be flirting with the legal limit, you feel in control of your senses for the time being. Against your better judgment, you decide to get behind the wheel.

Halfway home, you crash into another vehicle at an intersection you’ve passed a hundred times before. You don’t know where the other car came from, but you also don’t remember actually driving to this intersection before the crash happened. You panic. Perhaps you’ve been arrested for DUI before, and you don’t want the police asking questions. You decide visually that (probably) no one was hurt, so without getting out of the car—you drive off.

Published on: January 11, 2019

How Technology May Reshape DUI Prevention and Enforcement in the Next Decade

by Michael Kraut

Imagine that you’ve spent some time at a bar or at a party with friends. You’ve had a couple of drinks, but you don’t feel particularly tipsy—so when you leave, you get into your car thinking you’re safe to drive home. Your car, however, doesn’t seem to cooperate. Either it refuses to start, or when it starts, you can’t put it into gear. The car sends you a message, either audibly or by text, that your blood alcohol content is too high, and offers to call a taxi for you.

If you think this scenario sounds like a sci-fi movie set decades into the future, think again. The technology already exists to generate this level of DUI prevention, and within a few years we may even see cars equipped with this tech entering the mainstream. In fact, over the next ten years we may see emerging technology radically reshape the ways in which DUI is prevented and/or enforced. Let’s explore a few examples.

Driver Alcohol Detection System for Safety (DADSS)

Published on: December 19, 2018

A Look at DUI in Pop Culture (Part 1)

by Michael Kraut

These days, the term DUI almost always has a starkly negative connotation attached to it. In an earlier time, however, pop culture essentially winked the eye at driving under the influence. Comedians of the day would feign intoxication for a laugh or offer a sideways remark toward Dean Martin—who despite playing the “lovable drunk” for laughs, was usually holding a glass of apple juice and rarely got tipsy. It seems this “light touch” toward intoxication made its way into public attitudes toward DUI, which we generally passed off as a “fact of life.”

However, beginning in the 1980s, some elements of pop culture began going on the offensive against these permissive attitudes toward DUI, shining a light the gruesome statistics of injury and death that DUI frequently caused. As a result, public opinion has shifted dramatically, and our books, movies, songs and TV shows have begun reflecting a different view.

Even so, despite all the PSAs, ad campaigns and highway warning signs, DUI remains an ongoing issue in our world. Over this post and the next, we’ll examine DUI as reflected in popular culture then and now, looking at what our entertainment media has gotten right, where it’s missed the mark and where we might go from here.

Published on: November 26, 2018

3 Compelling News Stories About DUI From the 2010s

by Michael Kraut

When you get pulled over by police and asked to perform a field sobriety test, the issue of DUI becomes very real to you and affects you directly. However, sometimes it helps to put the topic in a greater context. How has DUI enforcement changed over the years? How does drug DUI now come into play with the legalization of pot in California and other states? Are the current laws and technologies doing a good job in deterring people from making a mistake? If not, what can we do better?

To explore these questions, let’s take a look at some the most significant DUI stories from the past decade—not just high profile cases like celebrity arrests, but stories that help paint a picture of different aspects of the issue—to see what we can learn from them. We’ll start with a recent news story that actually discusses an eye-opening trend over the past decade.

1. DUI Convictions Drop, DUI Dismissals on the Rise

Published on: October 15, 2018

What Happens if You Resist Police During a DUI arrest? Lessons from Vince Vaughan’s Story

by Michael Kraut

“You can’t arrest me, I’m a rockstar.” –Sid Vicious

Getting arrested on suspicion of DUI is not a pleasant experience. Resisting the police, however, almost always makes a bad situation worse. As a case in point, let’s look at the recent charges against 48-year-old actor Vince Vaughn.

On the early morning of June 10, Vince Vaughn was stopped at a DUI checkpoint, where he was subsequently arrested. Last month, according to the Hollywood Reporter, Los Angeles County prosecutors announced Vaughn was facing three misdemeanor charges: driving under the influence of an alcoholic beverage, driving with a blood alcohol level of .08 or higher and refusing to comply with a peace officer.