Los Angeles Criminal Defense Attorney Blog

Published on: July 19, 2017

False Positives And Other Outlandish DUI Arrests

Have you heard the one about the driver who was arrested for DUI because he had a caffeine high? Or about the state legislator who successfully argued that cough syrup and a breath spray caused a false positive DUI breathalyzer reading?

While law enforcement officers and courts generally accept breathalyzer tests as proof that someone was driving under the influence, those tests can sometimes give false positive readings. As absurd as these stories sound, to the people wrongfully arrested for DUIs, these incidents are no laughing matter.

Betrayed by their bodies

Published on: July 5, 2017

Powerful Resources to Deal with the Problem of Domestic Violence

by Michael Kraut

As someone recently accused of domestic violence charges, you’re no doubt acutely aware of the challenges faced by victims. Whether you stand falsely accused of hitting a spouse or partner, or whether you took an action against someone you love that you profoundly regret, it’s important to empathize. After all, finding a resolution to your family crisis—and your criminal case—requires understanding the situation first.

Unfortunately, those accused of domestic violence—as well as those victimized by violent acts—often look only to the courts to sort things out. Sometimes, sadly, punitive intervention is necessary. But wouldn’t it be better if everyone involved could have their needs met and society provided more (and better) resources to families in trouble?

After all, the end goals we’re all seeking are the same:

Published on: June 20, 2017

Could Mindfulness and Meditation Reduce Domestic Violence?

by Michael Kraut

Breaking the cycle of domestic violence has been difficult. Studies have shown that even the most widely-used program for domestic abuse intervention, the Duluth Model, has not been successful in reducing the rate of recidivism for violent offenders.

But there is one approach that might be more successful. Although they are not designed specifically to reduce incidences of domestic violence, programs that teach people mindfulness and meditation have shown some promise in reducing incidences of violence in several settings.

Stop and think

Published on: June 6, 2017

Rehab Programs After Your DUI: A Comprehensive Guide to the Treatment Options (with Statistics)

by Michael Kraut

The police recently picked you up for DUI—maybe even for the second or third time—and you’re finally ready to admit that you have an alcohol problem. You know you need assistance, but where do you go to find it? And how do you know which program is most likely to help you?

These seemingly simple questions can lead to a raft of conflicting, challenging decisions. It is almost shockingly difficult to find objective reviews of the various treatment options available as well as clear data about which approaches work best for different types of people.

This post aims to shine a light on this murky subject. Let’s explore. Where can you go for help? What programs are even out there?

Published on: May 11, 2017

Texting While Driving vs. DUI: Dangerous Consequences, Unequal Penalties

by Michael Kraut

Most drivers today are conscious of the harm they can do by getting behind the wheel after drinking and driving. But what about after texting and driving?

Text messaging makes a crash 23 times more likely to happen. (Dialing a cell phone increases crash risk by 2.8 times; talking or listening 1.3 times; and reaching for a device 1.4 times.)

While they may not realize how serious the problem is, most people understand that it’s better to avoid texting when they’re behind the wheel. A 2014 survey conducted by AT& revealed that 98 percent of motorists who own cellphones and text regularly are aware of the driving/texting danger, but about 75 percent of them do it anyway.

Published on: May 1, 2017

DUI Training for LAPD Officers: How It Can Impact Your DUI Case

by Michael Kraut

How do officers working for Los Angeles Police Department (LAPD) determine whether they should stop someone for a DUI?

All LAPD officers receive substantial training that helps them understand what to look for when patrolling L.A.’s freeways and surface streets for dangerous drivers—and drivers who might be under the influence. Police officers are human, however, so they can forget what they learned (or just ignore proper procedure) and make errors during the arrest process itself.

LAPD officers’ DUI training has changed considerably over the decades, according to the department’s website. Back in the 1970s, police departments in most jurisdictions, including Los Angeles, had no standards-based roadside sobriety tests to help them determine and document whether or not a person was driving while under the influence of alcohol. So different states (and different officers) developed their own versions of the sobriety tests.

Published on: April 16, 2017

Dealing with Social Media After Domestic Violence Charges

by Michael Kraut

Social media has become an integral part of our lives and our culture. While it has its benefits—it’s fun to stay connected to family and friends—there’s also a downside. Facts get distorted, ugly rumors spread quickly and some unfortunate person’s life can get turned inside out in a matter of hours.

So what happens when you get charged with domestic violence? How do you respond if your accuser takes the story public? Your answer may depend on the truth of the charges against you and what impact the social media statements will have on your personal and professional life.

NOTE: Before you respond in any way, speak with a qualified Los Angeles domestic violence defense attorney as soon as possible. Even seemingly minor mistakes with respect to how you handle the situation online can have profound implications for your ability to fight the charges.

Published on: April 2, 2017

The Reasons Behind Risky DUI Behaviors

by Michael Kraut

“Come on, it’ll be okay. You haven’t had that much to drink. And anyway, I’ve seen you drive after you’ve had six or seven beers—you’ll do just fine.”

Ever had a conversation like that with a friend when you’ve been out socializing for the night? Chances are that you’ll yield to your friend’s persuasions and get behind the wheel, ignoring the small voice of reason inside your head that’s warning you’re about to do something stupid.

So if we know something is a bad idea, why do we do it anyway? Why don’t we choose to hang out with somebody who would give us better advice and encourage us to engage in less risky behavior? It’s a complicated answer that relates to the way our brain works and how we interact with those around us.

Published on: March 9, 2017

Domestic Violence Around the World

by Michael Kraut

Both California and U.S. laws offer victims of domestic violence some basic legal protections, including the ability to obtain restraining orders. These laws are not perfect, nor are they always effective, but in general they work and they have the approval of society behind them. Police will arrest domestic violence offenders and the state will prosecute them under criminal statutes. If convicted, the abusers face imprisonment and/or fines.

According to the World Bank, three-quarters of the world’s countries have laws against domestic violence, but enforcement of them can be spotty since abuse is at often culturally (if not legally) sanctioned. At least 45 countries, most in the Middle East and sub-Sahara Africa, have no laws forbidding domestic violence, according to the World Atlas. The countries include Algeria, Cameroon, Egypt, the Ivory Coast, Haiti, Latvia, Kenya, Pakistan and Yemen.

• In Kuwait, 35 percent of women have reported spousal abuse. In a Kuwait Times online article, an attorney from that country says that when it comes to domestic violence, the criminal intent is what matters in the eyes of the law. “If the violator (father, husband or other) hits his wife or child by hand lightly, this is not considered a crime as it’s his right do to so according to Islamic sharia. But if he burns the child or attacks his wife with a knife, it would be clear that the criminal intent was to cause harm. But if he hits his wife while they are fighting, he may claim that he only tried to threaten her and didn’t intend to cause serious harm. The verdict in these cases usually is ‘exchanging blows’ and each of the parties pays a KD 50 fine, as each of them claims self-defense,” the lawyer said.

Published on: March 2, 2017

Will Self-Driving Vehicles Solve the DUI Problem?

by Michael Kraut

For some people, the thought of autonomous vehicles opens up a range of partying possibilities. They imagine hanging out all night with friends, drinking whatever they’d like, and then getting into their own cars, which will drive them safely home. They won’t have to worry about getting pulled over for a DUI because the vehicle won’t swerve, run stop lights or travel erratically. The artificial intelligence that’s controlling their vehicle won’t be affected by its owner’s alcohol consumption.

While that scenario could become a reality at some point, it’s not likely that it will occur any time in the immediate future. For one thing, self-driving vehicles have a long way to go before they become feasible and/or widely accepted everywhere in the U.S. Plus, under most current scenarios, at least one human occupant has to sit behind the wheel of the vehicle and that human occupant (not the computer) is ultimately responsible for its operation. To accept that responsibility, that person will have to remain sober.

Autonomous Vehicles Today