Punishment

Published on: January 17, 2014

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

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 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: 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 11, 2013

Grisly Glendale DUI News: Blood Test Won’t be Allowed in Trial [Woman Dragged Biker Miles to His Death]

by Michael Kraut

As someone who was arrested recently for Glendale DUI, you’re worried about the profound possible impact of the charges. Will you go to jail? Will the state confiscate your license… and for how long?

Even if you were involved in a non-injury scenario – for instance, if you just got stopped at a checkpoint on Victory or pulled over on the 134 East for DUI – your Glendale DUI arrest can be a big, big deal. A life-changing deal.

And if you face additional criminal charges, the stakes get even higher.

But DUI cases are almost never without interesting surprises.

Consider the story of Donna Brown, a defendant in a DUI manslaughter case. Ms. Brown stands accused of killing Karl Patrick, a motorcyclist, after her vehicle smashed his bike and then dragged him for miles along Florida Highway, US 41. Ms. Brown’s DUI test results showed that she had a very high BAC level – over twice the legal limit for Glendale DUI (0.08 percent). She also allegedly had marijuana in her system.

That said, the Florida Highway Patrol made a critical mistake when they tested her. They did not get a legally required warrant. As a result, Brown’s legal defense team managed to persuade a judge to prevent her blood test results from being used in her trial. In addition, the Florida Highway Patrol trooper cannot talk about the field sobriety test he put Ms. Brown. Why not? Because he was not an authority in administering Field Sobriety Tests (FSTs).

(Just to refresh you, Glendale DUI field sobriety tests can include:

• Finger to the nose test;
• Count backwards from 100 by 3s test;
• Horizontal gaze nystagmus test;
• Walk the line test;
• Balancing test;
• etc.

Leena Marcos, a Florida Assistant State Attorney, said “The state still has a strong case with that [DUI blood test and FST] evidence not being introduced.” And Brown herself is still in jail, because she violated her probation by driving, even though her license had been suspended.

But it’s easy to see how crucial the DUI test and FST evidence might have been for state’s case.

So what’s the takeaway here?

The bigger lesson here is that, if you stand accused of a crime like Glendale DUI, you may be able to defend or deflect your charges by challenging the legalities of the police procedures used during your stop and arrest. Even if – objectively, technically speaking – you did have too much alcohol in your system – you can still get your charges dropped. If the process by which police investigated your driving, arrested and booked you was Unconstitutional — or if it otherwise did not follow “the rules” — you can beat back the charges and get your freedom back.

To understand how to build a stiff, aggressive Glendale DUI defense, connect with the team here at the Kraut Criminal & DUI Lawyers. Mr. Kraut is a widely respected former prosecutor who maintains excellent relationships with stakeholders throughout the LA court system.

Published on: December 6, 2013

Pasadena DUI Sports News: Erin Henderson, Linebacker for Vikings, Busted for DUI

by Michael Kraut

If you’re getting tired of reading Pasadena DUI sports stories about NFL players arrested for driving under the influence, causing accidents, etc., don’t expect a break in the action any time soon.

Case in point, Erin Henderson, a middle linebacker for the Minnesota Vikings, was just arrested for DUI in Eden Prairie for driving under the influence and possessing a controlled substance. The Viking’s GM, Rick Spielman, called what happened “unacceptable and disappointing.” But the team did decide that Henderson could play in the December 1st game against the Bears.

Henderson, fortunately, didn’t hurt anybody. But if you do hurt someone while DUI in California, you can be charged according to California Vehicle Code Section 23153, the so called a “injury DUI” code. This elevates standard misdemeanor charges to felony charges.

Nevertheless, the ramifications of the DUI could haunt Henderson and possibly his team as they fight for a playoff spot. Henderson apologized to his teammates and to the Vikings and called the DUI bust “a wakeup call.”

Taken in a broader context, Henderson’s arrest might indicate that a bigger pathology is at work in the NFL. As this blog and other sources have reported, it seems like NFL players are arrested for DUI on a weekly or even biweekly basis. In most cases (fortunately) these incidents don’t lead to injuries. But that’s not always the case. Earlier this year, a Dallas Cowboy’s football player got into a crash that killed a teammate.

It’s interesting to note the association between the spate of DUIs and the number of NFL-related injuries. Nearly a third of all NFL players have been placed on injured reserve at some point during the 2013 season.

Associations are only good for coming up with hypotheses though, so avoid jumping to conclusions. For instance, you could form a hypothesis that playing in the NFL causes brain damage, which makes players more likely to make dumb decisions, like the decision to drive DUI in Pasadena and elsewhere.

But as with any hypothesis, you’d need to test this idea rigorously and scientifically. For instance, reporting or statistics biases could be at work. Perhaps people who are drawn to playing professional football are also drawn to more risk taking in general.

If you or a family member or a friend needs help with Pasadena DUI defense, please connect with the team here at the Kraut Criminal & DUI Lawyers for a fair, thorough case evaluation. Mr. Kraut is an ex-prosecutor and Harvard Law School educated Pasadena DUI defense attorney.

Published on: December 4, 2013

Los Angeles DUI Testing Snafus: Orange County Crime Lab Discovers Yet More Errors

by Michael Kraut

You got recently arrested for DUI in Los Angeles. You’re probably under the impression that your blood, urine, or breath tests were precise.

Perhaps… but not necessarily!

Per a recent story in Los Angeles Times, an Orange County crime lab is reviewing thousands of DUI tests for inaccuracies. As many as 2,200 Southern California DUI arrests may have be tainted by inaccurate BAC testing. Nine of those cases involve people who’ve already been convicted for DUI. The OC’s Board of Supervisors — along with Sandra Hutchens, an OC sheriff — have asked state officials to scour the case standards and lab procedures used in these DUI cases. Lab director, Bruce Houlihan, hopes to reboot what called the “public confidence in the system.”

How were the Los Angeles DUI blood test issues found?

Officials discovered them during an audit. One machine was off by 0.001 percentage points. This error affected tests taken between December 2012 and May 2013. That error may not sound like a lot, but it could have adversely affected around 1,000 samples. When you do the math, of the samples taken with the faulty instrument, approximately 100 might have underestimated the BAC results. Out of those, nine cases could actually be reopened, because the retroactive re-calibration would push those tests from 0.07% BAC to the Los Angeles DUI limit of 0.08%. Another machine was off by 0.03%! That means someone who tested at 0.010% BAC may actually have been under the limit at 0.07%.

The bottom line is: This is a mess.

These errors could change sentences for hundreds of people accused for DUI throughout the Southland. As this blog has pointed out — again and again over the years — systematic errors with breath, blood, and urine tests for DUIs seem to crop up, regularly, in different cities, at random times.

The moral is this: investigate your Los Angeles DUI arrest thoroughly.

Fortunately, you can turn to ex-prosecutor and Harvard Law School educated Los Angeles DUI lawyer, Michael Kraut, for thorough, systematic assistance with your Los Angeles DUI case.

Published on: December 2, 2013

Burbank DUI News: Blood Testing Debacle in Tennessee Threatens Nearly 2,000 Cases

by Michael Kraut

Were your Burbank DUI blood test results foolproof?

Perhaps… but then again, perhaps not.

Odds are high that police followed proper procedure and avoided breaking laws or trampling your Constitutional rights. But you never know.

Consider in this context a spectacular story out of Tennessee. A former special agent, Kyle Bayer, just got canned, after a police investigation showed that Bayer had tampered with a DUI blood test. Bayer’s mishandling of evidence could jeopardize literally thousands of DUI cases throughout the state.

The Tennessee Bureau of Investigation (TBI) says authorities learned about Bayer’s misdeeds, after a local defense attorney cross-checked the blood results for a client accused of vehicular homicide. Dale Edward Farrell caused a vehicular death on March 16, killing Knoxville, TN architect, Edward Bankston. Farrell submitted a blood test, and it came back from the lab at 0.24 percent BAC. (As regular readers of our Burbank DUI blog know, that number is exactly three times the legal limit for driving under the influence in Southern California, per California Vehicle Code Section 23152.)

When Farrell’s defense attorney submitted the blood test, however, it came back at 0.01 percent – 8 times below the legal limit… and 24 times below what the original blood test showed!

An executive at TBI, Robert Daniel Royse, wrote about what happened: “All indications are that this is an isolated incident by an examiner who, despite extensive training, switched two adjacent blood samples at the onset of an analysis process and then failed to follow a number of procedural checkpoints, which would have caught the error.”

Once this information came to light, Farrell’s vehicular homicide and DUI charges were dismissed. It’s still unclear how this fiasco will resonate: will other DUI convictions be overturned? If so, how many?

But this story clearly illustrates that DUI defendants in Burbank (and elsewhere) should NOT simply accept test results at face value.

If you or someone you love was recently been stopped at a checkpoint on Olive or pulled over on the 134 under suspicion of DUI, an attorney with the Kraut Criminal & DUI Lawyers can explain your rights and develop a methodological, insightful defense. Connect with an experienced Burbank DUI defense attorney at the Kraut Criminal & DUI Lawyers today for more help with your case.

Published on: November 24, 2013

Helping Others to Understand Your Long Beach Medicare Fraud Charges

by Michael Kraut

Whether you just came under investigation for Long Beach healthcare fraud — or you’ve been arrested for fraud and other crimes — you’re trying to figure out what you should do next to protect your rights and ensure fair treatment.

Frankly, it’s tough to talk about your Long Beach fraud charges, even with friends and family. News reports on healthcare fraud vilify defendants — make them seem almost like cartoon characters. Even the use of words like “scheming” and “scamming” can influence people’s perceptions. You may be prejudged as guilty, even if your case is more complicated than it appears to be at first glance.

Avoid saying anything that might compromise your potential defense. As a savvy Long Beach criminal fraud defense lawyer will tell you, you must be careful about what you say about your case and to whom.

Also, know this: would-be sympathetic friends and colleagues may not understand why you did what you did:

• Perhaps you and a few colleagues stole people’s Social Security Numbers to purchase wheel chairs or other expensive electronic medical equipment… and then you billed Medicare at exorbitant rates and pocketed the money.
• Or maybe you pulled off a far more sophisticated, multi-level crime.

Odds are, however, that you did not wake up one morning and say to yourself “I want to be a criminal and defraud Medicare.” Odds are, the thought process took place gradually and involved multiple epiphanies. For instance, maybe you felt enraged at the unfairness of the insurance system. You blamed the system for making it impossible to run a profitable medical business. So you started committing the fraud as a way to “make things even” in your eyes.

Or perhaps a smooth talking colleague or boss convinced you to go along with the fraud because of peer pressure or threats of retribution.

You’d like to walk your friends and associates through your thought process, so they can understand why you did what you did, even if they still judge you harshly. After all, you’re not a cartoon villain — you’re a complex human being who’s trying to navigate a confusing world.

Of course, you also need grounded advice about your next steps.

What should you do now, not only to protect your rights, but also to ensure a positive outcome in your case?

The seasoned Long Beach healthcare fraud defense lawyers at the Kraut Criminal & DUI Lawyers would be happy to listen to you in depth and provide a free, no obligation case evaluation. That way, you’ll be equipped with a good understanding of the charges and your potential options for recourse.

Published on: November 20, 2013

Burbank Petty Theft and Grand Theft Auto V

by Michael Kraut

Funnily enough, if you stole a copy of Grand Theft Auto V (set in Los Angeles) you would be charged with petty theft in Burbank.

GT5 is a marketing phenomenon, for sure. But the underlying messages – both subtle and not so subtle – are pretty disturbing. The debate about video games, like GT5, that glorify violence and criminal activity, has been going on for decades. Some science suggests that kids (and adults) who play violent video games wind up acting violently themselves and committing crimes.

Of course, in observational science, it is difficult to determine causality. For instance, maybe kids from broken or violent homes play more video games. Their background could explain why video game playing might associate with violence. (In this case, the video games wouldn’t be the cause of the aggression but rather just an association.)

This Burbank theft crime blog is obviously too small to begin to articulate the many points and counterpoints in the “do videogame cause violence?” debate.

But it is useful to consider another strange feature of the game: Southern California freeways that are almost eeriely absent of cars and traffic. The game’s ghostly quiet streets recall the strange calm that happened during “Carmageddon.” It would probably be difficult to create a fun game, if players had to contend with real world obstacles, like bumper to bumper traffic, high gas prices, and the constant threat of drivers texting on cell phones veering into your lane.

This observation is interesting, in that it suggests that traffic conditions might influence the behavior of real world Grand Theft Auto in Los Angeles. Someone who ordinarily might NOT commit a crime could be inspired to steal a car, if opportunity presented and the context made sense. It suggests that context can have a profound effect on criminal behavior.

So if you’re trying to explain (or even just understand) your conduct, don’t just look at your own experiences, psychology and behavior. Also, consider the CONTEXT of your incident and arrest.

If that sounds complicated, it is!

Fortunately, you do not have to tackle your Los Angeles criminal defense by yourself. An experienced Burbank petty theft lawyer with the Kraut Criminal & DUI Lawyers is standing by to provide a free and confidential consultation to help you get to the root of your charges and defend accurately against them.

Published on: November 18, 2013

Burbank Sex Crime Blotter: Woman Accused of Snapping Pictures of Other Women in the Bathroom

by Michael Kraut

Not all Burbank sex crime cases sound like something out of Orange Is the New Black, the hit TV show about a yuppie woman forced to serve time behind bars for a crime she committed years ago.

But a recent case out of Phoenix sounds like it was ripped from an Orange Is the New Black B story.

Phoenix police booked 37-year-old Linda Laibe for photographing and videotaping women in public bathrooms throughout the Phoenix Valley. According to Trent Crump, a local police sergeant, Laibe did her photo and video shoots at restrooms “throughout the valley” in places like Walmart, Chase Field, University of Phoenix Stadium, and the Rainforest Café. The woman then put photos and videos up on the internet and sold them. She faces 38 counts of voyeurism, although authorities are still piecing together exactly how she did what she did and how many women were victimized.

Potential Lessons for Your Burbank Sex Crime Case?

One of the scary aspects of Laibe’s case – from a defendant’s point of view – is that she faces 38 separate counts of voyeurism. Even a single count can lead to major trouble, like jail time, restraining orders, probation, and the like. But in the Southern California legal system, the penalties from various counts can “stack on top of each other” and lead to huge sentences.

For instance, if convicted of a single count of Burbank lewd conduct, your penalty might be a month or two behind bars, depending on factors, such as the nature of the crime and your criminal history. But if you’re convicted of TEN of those charges stacked on top of one another… you could face well over a year behind bars.

Whether you got caught making a single bad mistake – or you systematically violated Burbank sex crime laws – you need to understand your defense options, so you can make rational, sensible decisions. Unfortunately, the law can be quite complicated and confusing. Unprepared defendants can easily say or do things that can complicate their cases and land them in even deeper legal hot water.

Fortunately, you can turn to a trusted Burbank sex crime defense lawyer with the Kraut Criminal & DUI Lawyers for insightful, thorough help.

Just because you made a mistake – or even a series of mistakes – does not mean that you should suffer needlessly. Mr. Kraut is a former prosecutor. He spent 14-years putting defendants like Burbank sex crime offenders behind bars before switching over to represent criminal defendants. He provides regular commentary on Burbank criminal defense for many esteemed publications, like the New York Times, the Los Angeles Times and LA Weekly.