Los Angeles Criminal Defense Attorney Blog

Published on: January 19, 2010

Burbank DUI Risks Increase Due to Torrential Rains

The dangers of driving under the influence in Burbank have increased dramatically, thanks to the drenching rain that has doused the Southland. AccuWeather projections predict that the rain will last at least until (or through) Friday, potentially causing local flooding, traffic snarls, and changes to typical freeway congestion patterns.

How does heavy rain impact risk for Burbank DUI?

Rain in general can increase driving dangers, including the dangers from Southern California DUI

Rain reduces visibility, causes windows to fog up, slicks up road with oil and debris, increases risk of hydroplaning, and disrupts normal traffic patterns.

Weather related confusion alters driver perceptions about what constitutes safe driving and what constitutes dangerous behavior.

Rain can make certain driving decisions appear more or less dangerous than they actually are. For instance, let’s say you’re driving through a flooded freeway. You might be thus inclined to be more cautious than you normally would — and this overcompensation would result in a net improvement in safety over how you normally drive. On the other hand, rain keeps some people off the roads. Thus, you might interpret this absence of traffic as a “green light” to go faster, and this would result in your driving less safely than you normally would.

Most accidents result from multiple “things going wrong” — rain can be the element that causes a driving situation to cross the threshold from near-miss to accident

According to the statistical analyses of auto and airplane crashes, accidents often result from multiple errors strung together. Consider a theoretical plane crash. The pilot may be more fatigued than usual; he might be flying into foggy weather; his instrument panel might be below grade; and his copilot might be distracted due to a fight he had earlier in the morning with his brother. Taken individually, these factors might not lead to an accident. Taken together, however, these x-factors could create a lethal mix… and lead to a plane crash.

To bring us back from this digression… the implication is that additional road risk factors, such as the rain beating down on Southern California, can (at least theoretically) increase the likelihood that “close calls” wind up as accidents. For instance, let’s say there is a guy who’s driving DUI in Burbank. Under ordinary situations, he would steer clear of obstacles. But add in the element of rainsoaked highways, and this could cause enough of a disturbance to lead to an accident.

Obviously, history works in only one direction, and there’s no way to analyze these kinds of counterfactuals.

Given the increased risks out there, now might be a useful time to do a quick refresher course on the common DUI symptoms. These include but are not limited to: disheveled appearance, mumbling speech, bloodshot eyes, incoherent storytelling, verbal gaffes, clear misstatements of fact, bad driving, and poor motor control/stumbling.

Whether you face a first-time misdemeanor charge of Encino DUI, or you’re battling a complicated DUI manslaughter in Long Beach charge, good legal help is a must.

Published on: January 16, 2010

High Ranking Republican Arrested For DUI….But Not A Los Angeles DUI

by Michael Kraut

One of most powerful Republican State Senate leaders North of Los Angeles was arrested for a DUI. Utah State Senate Majority Leader Sheldon Killpack was arrested for driving under the influence and one day later he resigned from office.

The irony of the arrest is that the State Senate leader was one of the biggest proponents of drunk driving laws. After speaking with his DUI defense attorney, Killpack decided that he would be a distraction if he remained in the legislature, and so he quit his political post.

Killpack’s father was killed by a drunk driver when the legislator was a teenager. Since being elected to the State Senate, he has championed victim’s rights.

This past Friday night a Utah Highway Patrol trooper observed Killpack’s vehicle driving erratically. When he was stopped, the trooper noticed that the legislator had a strong smell of alcohol. After being asked to perform field sobriety tests he refused to take a breath test. The trooper then took the unusual step of seeking a warrant to take blood. Killpack was then booked into jail and later released

Published on: January 12, 2010

Southern California DUI Fatalities Trending Downwards over Past Several Years

by Michael Kraut

The National Highway Traffic Safety Administration (NHTSA) monitors trends regarding fatal Southern California DUI incidences. A close look at the recent stats points to many positive developments and some concerns. Let’s consider the stats over the past 30 years to wee how the dangers of DUI in Southern California have evolved. (We believe that it’s crucial to regularly step back from analyzing DUI headlines and inspecting the latest CA DUI laws to get perspective on the size and scope of the issues drivers face.)

In the early 1980s, driving in Southern California was extremely dangerous — much much more so than it is today. In 1982, for instance, over 60% of CA’s traffic fatalities were alcohol-related. There were 4,615 total roadside fatalities, 2,799 of which were alcohol-related; and 2,484 of the alcohol-related fatalities involved drivers who tested over the state’s legal limit of 0.08%.

Due to a variety of factors, including increased awareness of the dangers of driving under the influence in Los Angeles, stronger enforcement of DUI and seatbelt laws, and better car safety engineering, alcohol-related fatality rates plunged over the next several years, even as the total number of California roadside fatalities increased. The high watermark hit in 1987, when 5,504 died on California’s roads — 2,961 of whom did so in alcohol-related crashes.

Over the next eleven years (1987-1998), both the total number of fatal accidents and the number of alcohol-related fatalities declined, bottoming out in 1998 at 3,494 (total) and 1,367 (alcohol-related). This decline could be almost entirely accounted for by the decline in alcohol-related fatalities.

Unfortunately, over the next seven or eight years, the downward trend reversed itself for both total and alcohol-related fatalities. By 2005, the numbers rose to 4,329 (total) and 1,719 (DUI related). Since the 2005 high water mark, however, the numbers have reversed yet again. In 2008, there were only 3,434 total fatalities on the road, of which only 1,198 were alcohol related.

Of course, analyzing statistics like these can lead to misguided conclusions. It is very difficult to tease out cause from correlation. Even when you have good statistical data, and you can identify strong correlations between two variables, to prove cause requires a much higher logical burden of proof.

Not all DUI related fatalities are charged as felonies. Some accidents can result in charges of DUI vehicular manslaughter. Other accidents can lead to charges of gross vehicular manslaughter. Still others — so-called Watson Murders — can be DUI murders.

To respond effectively to any of these charges, you likely need a trial-proven lawyer to help you.

Published on: January 4, 2010

Charlie Sheen Arrested for Felony Domestic Violence…..Just Like Years Ago When He was Arrested For A Los Angeles Domestic Violence Case

by Michael Kraut

Charlie Sheen has been arrested again for domestic violence towards the women in his life. Recent reports out of Aspen, Colorado concerning Brooke Mueller tell a story of continued violence. According to reports, Sheen was arrested for two felonies an one misdemeanor on Christmas Day. The 911 call made public this week by Mrs. Sheen clearly illuminates the panic and confusion in the house. The last time he was arrested for a Los Angeles domestic violence case.

On the tape Brooke can be heard telling police that Sheen had held a knife to her throat and then choked her. According to Brooke, while he was being physical, he was yelling that he was going to kill her. Brooke’s drunken voice can be heard on the tape.

After the arrest, a judge issued a protective order that separates the Sheens from each other. While the court order is still in effect, both parties have asked the court to modify the ruling to allow them to see each other. At this time, Charlie Sheen’s 10 month-old twins are remaining in Aspen with mom, while the actor is back in Los Angeles working on the set of Two and Half Men. Sheen’s top-rated Los Angeles criminal defense attorney is working behind the scenes in what is known as pre-filing investigation to stop any charges from being filed
This is not the first time that Sheen has been arrested for violence on the women he claims to love. Several years ago Sheen was charged with a Los Angeles domestic violence case for severely beating his girl friend at the time, Brittany Ashland. In 1996, Sheen was arrested and charged with pulling his girl friends hair while slamming her down on a marble floor. He then knocked her unconscious and then caused an injury to her face that required stitches to close the wounds. According to Ashland he then stripped her of the bloody clothes she was wearing and then told her that if she told anyone he would kill her.

Court records indicate that Sheen pled guilty to criminal charges in the 1996 case. Ashland’s attorney is urging the District Attorney in Colorado to not modify the order.

Published on: January 2, 2010

Major Changes to Los Angeles DUI Laws Go into Effect: First Time Offenders Must Now Install Interlock Ignition Devices

by Michael Kraut

Starting in 2010, any driver convicted of a Los Angeles DUI will be required by law to install an interlock ignition device (IID) in his or her vehicle. The new law is part of an ambitious pilot program being tested in seven different California counties, including Los Angeles and Tulare (in Northern CA). It will remain in effect until at least January 1, 2016, at which time lawmakers can reevaluate the program and determine whether to continue, expand, or terminate it. The legislation stipulates that first-time offenders must keep an IID in their cars for five months minimum; furthermore, past DUI offenders may obtain a restricted driver’s license — provided that they agree to install IIDs in their vehicles.

The IID is a Breathalyzer-like device that prevents a vehicle from starting unless a driver blows a clean 0.00% BAC reading.

In addition to changing Southern California DUI rules, the California Legislature passed a slew of other laws which also went into effect on January 1, including:

Move Over, Slow Down expanded — Drivers must slow down or change lanes when approaching emergency vehicles (such as Caltrans vehicles with flashing amber warning lights) or face stiffer punishments.

Assembly Bill 62 — Californians may now install TV/DVD monitors in front seats of vehicles, provided that drivers cannot see the TV/DVD screens while operating their vehicles.

Paparazzi crack down — Pursuant to complaints from Jennifer Aniston and other celebrities about aggressive paparazzi tactics, CA lawmakers passed a bill that imposes extremely steep penalties ($50,000+) on paparazzi who improperly obtain photos of celebs (for instance, by running red lights or committing other traffic infractions).

Seat-free Bicycles Now Allowed on Freeways — Lawmakers eliminated a law that had banned the operation of seatless bikes on state freeways.

The implications of the changes to these laws — particularly the ones pertaining to Los Angeles DUI and interlock ignition devices — will no doubt be profound and far-reaching.

Do you or a loved one or family member need help battling charges of driving under the influence in Los Angeles?

Published on: January 1, 2010

California and Los Angeles DUI Arrests Over New Year’s Eve 2009 Breaks All Records

by Michael Kraut

The end of 2009 brought about a record number of California DUI arrests. This New Year’s Eve into the early morning hours of the first day of 2010 ended with 527 DUI arrests throughout California and a total of 6 DUI related deaths. The number of California DUI arrests rose by almost 100 over the number of DUI arrests one year ago.

DUI%20Arrest.jpg

This huge number is because of the increase in the number of DUI checkpoints and the extra emphasis on DUI arrests by California law enforcement.

Los Angeles DUI checkpoints that are still going on this weekend and will be used to enforce Los Angeles DUI laws include the following:

– On January 1, 2010 on Figueroa Street between 8th and 9th streets in downtown Los Angeles. This checkpoint will operate between 6:00 PM and 1:00 AM.

– On January 2, 2010 there will be a Los Angeles DUI checkpoint on Olympic Boulevard west of Cherry Avenue, between 7:00 PM and 12:30 AM.

These checkpoints will need to comply with very strict requirements in order for the ensuing DUI arrest to potentially lead to a DUI conviction. Otherwise, a top notch DUI defense firm will be able to find the defects in the Los Angeles DUI checkpoint and if those defects are fatal, the DUI case will have to be dismissed.

History has shown that Burbank DUI cases and Pasadena DUI cases as well as DUI cases from any other Southern California city may very well have false high blood alcohol levels.

As a former Los Angeles DUI prosecutor and now practicing and running a top rated Los Angeles and Southern California DUI defense firm, people often ask me if these DUI checkpoints are legal. There are two things that need to be evaluated when looking at a Los Angeles DUI checkpoint. It must be determined if the checkpoint complies with all of the requirements in order to legal. If it idoes, then the next evaluation is, whether the blood alcohol level or BAC as reported by the machine or other test result are accurate.

When you are arrested for a Los Angeles DUI and are told of the test results, you should not loose all hope. Even if the California DUI blood test or DUI breath test report that you are over the legal limit of 0.08% or above does not mean those results are true and accurate. There are a number of reasons why the BAC level may be inaccurate. Those include the following reasons:

The machine is not calibrated correctly – DUI machine error
The police may not follow the procedures requires by California DUI law – procedural errors
In the case of blood or urine tests there could be a error – contamination errors
There are other reasons why a person could have an inaccurately high blood alcohol level. Even if the police or prosecutor tell you that your BAC is over the legal limit, even if by a significant factor, it is always worth fighting.

I always tell people that as a former prosecutor you should always fight your Southern California DUI case. The experiences and skills of a former prosecutor that now practices Los Angeles DUI defense is priceless in helping your to fight your DUI case.

Published on: December 27, 2009

Ten Ideas to Decrease Los Angeles DUI Arrests and Improve Highway Safety in 2010

by Michael Kraut

1. Battle Los Angeles DUI incidences by improving the efficacy of rehab programs.

Sadly, rehab programs such as certain 12-step programs can be surprisingly ineffective at helping addicts recover from alcoholism. While only a few scientific surveys of groups like AA have been conducted, the results have not been particularly compelling. Indeed, some studies have suggested that 12-step treatment is no more effective than placebo treatment. Conversely, other rehab programs have demonstrated a statistically significant success rate, and perhaps there could be something to be learned from these more successful programs that could be more broadly applied and used to decrease the problem of Los Angeles DUI.

2. Increase prohibition on the use of cell phones and text messaging while driving.

As we’ve discussed elsewhere on this blog, the problem of driving while texting and driving while talking on the cell phone may be as big as — if not bigger than — the problem of driving under the influence in Long Beach and elsewhere in the Southland. Although California has made driving while texting illegal, perhaps more attention needs to be focused on this area. If we can reduce general driver distraction, we can likely reduce accidents and injuries on our roads.

3. Improve traffic engineering.

Road construction, bad or ineffective lighting, unclear signage, and other traffic engineering factors likely contribute to a significant percentage of accidents on Southern California roads. More innovative attention to these engineering problems can likely decrease the number of highway crashes significantly.

4. Use “crowd-sourcing” to identify dangerous drivers.

Crowd-sourcing is using aggregated community resources to get things done. Individuals armed with cameras and cell phones can in some circumstances help identify bad drivers and thereby exert social pressure to get them to conform to the laws of the state.

5. An improving economy can lead to more prosperity and more goodwill on the roads.

A depressed economy leads to depressed and distracted drivers. If you’re fatigued, in a bad mood, and stressed about finances, chances are you’re going to be a less attentive driver. Thus, in a bad economy, chances are that collectively Californians will be more at risk for getting into accidents — DUI and otherwise. If the economy improves, however, this may likely have a salutary effect on our collective driving behavior.

6. Campaign to raise the awareness of the danger of sleeplessness.

Driver fatigue is a significant contributor to accidents. Unfortunately, most people are not aware of how dangerous it can be to drive while sleepy, stressed, or otherwise out of sorts. A simple statewide educational campaign to explain these dangers could result in safer roadways.

7. Improve road maintenance.

Clearing debris out of lanes on highways and performing other general upkeep should likewise have a salutary effect on road safety.

8. Sell fewer red cars.

Studies show that the color red can inspire aggression in the minds of other drivers. Theoretically, if fewer red cars populated Southern California’s highways and byways, we might see a decrease in driver aggression and thus in accidents and injuries.

9. Improve education for minors about the ABCs of road safety.

Many new Southern California drivers do not understand or appreciate their responsibilities. Likewise, they may not understand the laws regarding DUI — in Southern California, for instance, if you’re under 21 years of age and you are caught with a blood alcohol concentration of just 0.01 percent — the equivalent of just a few sips of alcohol for some people — you can be arrested and charged with DUI in Southern California.

10. Provide better legal assistance.

Do you need fast, effective, and professional help with a charge of Los Angeles DUI?

Published on: December 21, 2009

Ten Concerns Regarding Los Angeles DUI and Other Driving Hazards in 2010

by Michael Kraut

1. Driving under the influence in Los Angeles will not be the only major challenge facing law enforcement agents in 2010 — driving while texting/phoning is also a huge issue.

A cell-phone-talking/texting epidemic has overrun Southern California. As more and more people become dependent on mobile devices to get through their lives, more and more drivers become inattentive. Left unchecked, this epidemic of distraction will surely lead to an increase in the number of injury accidents and deaths on our roads and freeways.

2. An increase in media distractions.

We face dangers not just from drivers who text but also from distractions such as flashing billboards (e.g. on Sunset Boulevard), billboards that change as we drive past them (e.g. on Pico Boulevard just west of Beverly Drive), and other intrusive forms of media, such as satellite radio. All these drags on our attention could ultimately lead to an increase in accident injuries.

3. General degradation of California’s highway and surface street infrastructure.

The California budget crisis has made it difficult for the state to spend necessary money on roadside repairs and upgrades to infrastructure. A dearth of road improvements will almost definitely translate into greater dangers for drivers.

4. The increase in diabetes and obesity in our population poses an indirect hazard to drivers.

As the obesity/diabetes epidemic spreads, more and more sick, inflexible, and medicated drivers are getting on our roads, and this likely poses a serious public safety challenge.

5. Failure of rehabilitation programs.

Recidivist alcoholics are at higher risk for DUI. Unless and until we find a more effective and less costly way to curb alcoholism and addiction in our population, we will face a greater risk — not only of Southern California DUI injury accidents — but also of other safety problems.

6. Problems educating underage drivers.

Today’s youth are bombarded with distractions that did not exist even a decade ago — such as social networking, twittering, and other relentlessly aggressive technologies. These youth may be so distracted by these toys that they fail to attend to basic driving skills effectively.

7. Collective habituation to the dangers of DUI in Pasadena and elsewhere in Southern California.

Although driving under the influence in Southern California remains a serious problem, it is a well-known problem. Thus, we don’t hear about the dangers every day, and this lack of awareness likely contributes to increased risk.

8. Better technology can lead to overconfidence.

With GPS systems and other technological gizmos available to many Southern California drivers, overconfidence can easily result. Put too much trust in any automated system — and relinquish too much control over your automobile — and road mishaps are almost certainly bound to follow.

9. Better safety technology can lead to an increase in risk tolerance.

The advent of antilock brakes was supposed to slash accident rates across the country. It didn’t — at least not to the extent that it should have. One theory for why is that drivers who have ABS tend to wait until later to brake — due to their confidence in safety features. Thus, even though a car built today might objectively safer than a car built in, for instance, in 1985, our collective reliance on “last minute” safety features might ultimately wash out the difference.

10. Failure to get good legal help for charges of Los Angeles DUI…

Published on: December 18, 2009

9 Eye-Popping Numbers regarding Southern California DUI in 2009

by Michael Kraut

As 2009 wraps up, it’s time to turn our attention to Southern California DUI statistics that engaged our attention and reminded us about the dangers and costs of violating California Vehicle Code Sections 23152(a) and 23152(b).

Here are 9 eye-popping numbers:

1. 28,457 – the number of people hurt in accidents in CA in 2008, in which alcohol played a key role, according to the National Highway Traffic Safety Administration.

2. 1,029 – the number of people killed in “alcohol impaired motor vehicle fatalities” in CA in 2008. The only state with more alcohol auto fatalities in 2008 was Texas (1,269).

3. 214,811 – the number of DUI arrests made in 2008, according to the CHP.

4. 45 – the number of fatalities that occur every day on US roads during the Christmas season. 36 fatalities per day occur on average. 54 on average die on New Year’s Eve — 40 percent of these fatalities involve alcohol in some capacity.

5. 2,500 — The number of 2010 sobriety checkpoints that will be funded by the California Office of Traffic Safety.

6. 4/100,000 — According to the National Highway Traffic Safety Administration FARS survey, this is the rate of alcohol-related driving fatalities per population nationally.

7. (way more than) 18 — the number of celebrity Beverly Hills DUI arrests in 2009. For more on the celeb Los Angeles DUI arrests from January through June 2009, see our blog post from 12/16. For more on the July through December DUI arrests, see our blog post from 12/21.

8. 15-20 — According to the NHTSA publication “Young Drivers” (2009), motor vehicle accidents are the number one cause of death for young adults age fifteen to twenty.

9. 380 — according an NHTSA pamphlet called “alcohol impaired driving” (2008), drivers who operate vehicles with BACs of 0.15 percent or greater (it is illegal in California to drive with a BAC of 0.08%) are 380 times more likely to get into Los Angeles DUI crashes that result in death than are sober drivers.

To get effective and reliable help with your DUI charge — whether it’s a minor misdemeanor Southern California DUI or a serious injury charge — connect with a reliable lawyer today.

Published on: December 13, 2009

Four Ideas For Reducing Underage DUI in Southern California

by Michael Kraut

Underage DUI in Southern California is a rampant problem, according to numerous independent surveys. Campaigns to stamp it out often revolve around scaring young drivers about the dangers of alcohol abuse and imposing draconian consequences for violating the law. However, best practices for dealing with this dangerous community issue should be more nuanced and holistic. Here are some suggestions for how possibly to improve the system.

#1: Educate young people about California’s zero-tolerance policy towards underage DUI.

California boasts a reputation as a “fun in the sun” state. But the DUI laws here are incredibly strict — particularly as they relate to underage drivers. If you are younger than 21, and you’re caught driving with a blood-alcohol concentration of just 0.01% or more — the equivalent for many people of just a single glass of beer or a small serving of wine — you can be hit with a DUI and suffer a driver’s license suspension of a year or greater depending on circumstances. If your BAC level is over 0.05%, you can additionally be tagged with a regular Los Angeles DUI and subjected to penalties including court costs, probation, and fines. Kids who are learn about these strict laws may be less likely to violate them.

#2: Institute programs to reduce DUI incidences on or around colleges campuses.

Southern California is a driver’s mecca. But without a car, college and university students may feel socially isolated and stranded. Thus, students often feel tremendous pressure to drive — even when they know they’re not supposed to. Even “good kids” at places like University of California at Los Angeles (UCLA), University of Southern California (USC), and UC Irvine often make bad mistakes just because they strive to be sociable. Better administrative planning and more diverse and abundant social options on campus (as opposed to off campus) should help. And both carrots and sticks could be tried. Campus disciplinary measures, such as curfews, regulations, restrictions on vehicles, and so forth could incentivize students to stay on campus and thus to avoid the partying-and-driving problem.

#3: Involve underage drivers themselves in the solution.

To beat the “underage DUI in Los Angeles” meme, we may need the active assistance of the underage driver community. Imposing rules on young adults and teenagers often backfires. After all, part of the modern American ritual of coming-of-age is rejecting authority and all its trappings. To solve the problem of underage drinking and driving under the influence, therefore, we may need to find ways to help peer groups self regulate. In other words, if groups can make it “uncool” to drive DUI in Los Angeles, we should likely see a vast reduction in incidences. The challenge is figuring out ways to get this to happen. How do we get peer groups en masse to reject certain dangerous and unacceptable behaviors? Obviously, social engineering on this scale can be difficult — and it can backfire. But maybe a solution is to solicit the input of groups themselves. In other words, instead of imposing our ideas on young drivers — i.e. lecturing them — invite them into the process and have them offer proactive solutions and suggestions for mechanisms of enforcement.

#4: Provide good legal help to the kids who need it.

If you or a friend or family member (son or daughter) has been arrested for underage DUI in Burbank or elsewhere in Southern California, you may need a savvy attorney to develop a forward thinking strategy to protect your rights and limit damage to your pocketbook and future.