los angeles DUI

Published on: March 21, 2014

Does “When Life Hands You Lemons, Make Lemonade” Apply to Your Los Angeles DUI?

Before the police tagged you for driving under the influence in Los Angeles, you probably used to glibly give people advice along the lines of “when life hands you lemons, make lemonade.” In other words, when you face a difficult situation, see the best in it. Turn it into a positive. That advice is obviously well intended. But it’s not necessarily intuitive to implement.

Your DUI Arrest: Just When Things Were Already Bad, Now This!

Your arrest couldn’t have been more poorly timed. Perhaps you’ve been engrossed in a big project at work. Maybe you and your spouse have been “on the rocks,” relationship-wise. Or maybe your doctor just diagnosed serious health problem. The last thing on Earth that you need at this moment is a charge pursuant to California Vehicle Code Section 23152 or 23153 (the injury DUI section – which escalates standard DUI charges to felony charges).

Point is, life has really thrown you a curve ball. Not every DUI occurs during “hard times.” But a surprising number of them do. Why is that?

Obviously, without accurate science, we can’t tease cause from effect. Perhaps DUI defendants notice their bad luck more when it comes packaged with criminal charges. Or perhaps life’s stresses somehow promote more dangerous driving behavior (on average, in the population).

What might the mechanism be, if that second hypothesis is correct?

Perhaps – and this is just speculation – but perhaps, stress and anxiety spark a desire to use medications or alcohol to numb the discomfort or at least diminish it somehow. In other words, maybe people who go through very stressful, anxious, or disruptive situations turn more frequently (and more heavily) to drinking and taking drugs and medications. That would explain why Los Angeles DUI events tend to correlate with “bad times” over all. Of course, there is a difference between this kind of speculation and clinical science, which requires far more vigorous testing and statistical analysis. And that points to a broader issue: the Southern California criminal defense system is an evidence based system. To prove (or defend against) a criminal charge, you need to submit evidence and outline a logically thorough, taut argument. You can’t speculate – or if you do speculate, the degree that you argue from indirect logic is the degree that your case can be seen as flimsy. It’s a lot easier to believe evidence to the effect of “you failed a Los Angeles breathalyzer test and blew a 0.11% twice” than it is to believe evidence like “you smelled a bit like alcohol and stumbled around.” The first statement contains far more objective proof than does the second, which uses inferences.

To build a steady and successful defense against your Los Angeles DUI charges, connect with Harvard Law School educated Attorney Michael Kraut and his team today for a free case evaluation.

Published on: March 19, 2014

Jim Irsay, Owner of Indianapolis Colts, Faces Four Felony Counts After DUI

by Michael Kraut

The annals of Los Angeles DUI history are replete with stories of famous politicians, business owners, celebrities, and athletes busted for driving under the influence in sordid situations. This alone should debunk the myth that only incompetent or irresponsible people get busted for this crime.

Add another iron to that fire: Jim Irsay, the owner of Indianapolis Colts, found himself in handcuffs on Sunday night in Carmel, Indiana, facing four felony counts. Authorities say that the 50-year-old football club owner had been driving at a very slow rate of speed. He stopped in the middle of the roadway and failed to turn. A Police Department spokesperson, Lieutenant Joe Bickel, said that “during the course of the investigation, Irsay subsequently failed several roadside field sobriety tests … [and then police found] multiple prescription drugs … and pill bottles” in his vehicle.

Irsay made his bail bond of $22,500 and got released at 1:30 PM on Monday. He publicly admitted to battling a prescription addiction in the past. In a statement he made back in 2002, he said “after several years of orthopedic operations and procedures, accompanied by long bouts of chronic pain, I became dependent on prescription pain medications … this summer I sought professional help at a nationally recognized facility located outside Indiana. I have successfully dealt with my dependence and my chronic pain issues.”

If convicted of his felony charges, Irsay will face punishments like jail time, the loss of his license, mandatory alcohol classes, and major fines and fees… as well as disciplinary action from the National Football League.

The Colts released a statement about the arrest: “the team will issue additional statements when facts are sorted, and we are aware of the next steps to this process … the club continues to fully support Mr. Irsay but must refrain from commenting further at least until formal charges have been filed. A hearing is scheduled for next Wednesday, March 26.”

In 2010, Tom Lewand, the President of the Detroit Lions, paid a $100,000 fine to the League and faced a 30-day suspension after he pled guilty to driving under the influence.

Irsay recently separated from his wife of 33 years – Meg Irsay – in November 2013. Sometimes traumatic life events, like a new divorce, can lead to addictive behavior and to drug DUIs.

In Southern California, if you’re arrested for a similar crime, you’ll face charges per California Vehicle Code Section 23152(a), which makes it a crime to drive under the influence of alcohol, drugs and illegal narcotics as well as prescription or OTC pain meds.

Of course, there are no breath tests that can be used in cases like this – instead, a police officer will administer a blood or urine test, if you are suspected of being under the influence of drugs. Your performance on field sobriety tests and the officer’s judgment of your sobriety can also play a role in determining your guilt. For help defending a Los Angeles DUI drug case, call Michael Kraut at the Kraut Criminal & DUI Lawyers immediately. Mr. Kraut is a Harvard Law School educated ex-prosecutor, and he regularly consults with major media (e.g. KTLA, the New York Times, Good Morning America, etc) about big DUI news events.
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Published on: March 14, 2014

Caught Driving a Truck While DUI in Los Angeles? Will You Lose Your License?

by Michael Kraut

If you drive a commercial vehicle, and you got busted for DUI in Los Angeles, you may face more than just the “work-a-day” DUI punishments – jail time, fines, loss of your license, probation, mandatory interlock ignition installation, etcetera. The arrest and potential conviction can derail or potentially end your career.

Obviously, the company that hired you needs to hew to the law, and they may not even be able to use your services, if the DUI charges stick. Even if they want to keep working with you, the cost to insure you will almost certainly spike, so you may find yourself getting fewer assignments.

And you probably don’t need to be reminded about this, but driving DUI while driving a large vehicle – especially a big commercial truck – is an extremely dangerous activity. Hopefully, you didn’t cause any serious injuries or deaths in the event that has led you to need legal help. If you didn’t, count your blessings. Trucks are much more massive than cars and motorcycles. As a result, they can impart tremendous force, even while traveling at relatively low speeds.

Of course, there’s no point in beating yourself up. What happened, happened. Whether police stopped you at a checkpoint, or you flipped your truck on the 101, spilling cargo into four lanes and causing a massive traffic jam that made the typical Sig Alert look like a drive down an empty stretch of a Montana highway, you need to manage your legal charges and also probe to understand what caused you to abuse alcohol or drugs (if you indeed did that).

Truckers face unique pressures, which can drive them to consume alcohol, take medications and cram down over the counter energy supplements. These include:

•   Loneliness and isolation from being on the road so long;
•   Anxiety about a new route or life issues;
•   A health problem that’s led to chronic pain and frustration – and that makes driving the truck intolerable unless you have something to “take the edge off”;
•   The real root cause might be far deeper than you realize (psychologically speaking).

All that said, you face a big practical concern: how can you construct a wise, effective commercial Los Angeles DUI defense? Look to the experienced and competent team here at the Kraut Criminal & DUI Lawyers to create an appropriate defense for you. Mr. Kraut is an ex-prosecutor – a Harvard Law School educated former Deputy District Attorney for LA – and he is renowned for his consciences and thorough service.
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Published on: March 6, 2014

File Under: “Is This Really Happening?”– Police Defend Arrest of Black Man, Even After He Blew a 0.00% on Breath Test

by Michael Kraut

There’s no doubt that certain Los Angeles DUI cases are ambiguous.

Police should be entitled to some discretion when it comes to deciding whether to arrest people. If you look and act like you are DUI — and you blow a high number on your breath test — the police may have good cause to place you under arrest.

•   But what happens if you blow a 0.00 percent on your breath test?
•   What if a chemical test shows that you are literally stone cold sober?
•   And what if police arrest you anyway?
•   And what if you are black, and they arrest you for this “crime”?
•   And what if you are black, and they arrest you in Texas after blowing a 0.00 percent BAC, and then police still stand by the arrest months later?

If that scenario sounds fictional, think again.

Police in Austin arrested an African American man, Larry Davis, on January 13, 2013, after Davis ran a stop sign. Davis told police that he had only one drink of alcohol — and a breath test showed that he had a 0.00 percent BAC. He also volunteered to take a blood test. Weeks later, Davis’ blood test results came back showing exactly what he had insisted – there was zero alcohol in his system.

Nevertheless, Davis had to spend a whole day behind bars and deal with an arrest record that continued to dog him into 2014. To add insult to injury, Austin Police Commander, David Mahoney, told the local paper that he supported the officer’s decision to bust Davis for DUI: “if there’s someone who is possibly impaired, we don’t want them driving… we need to get them off the road, so that was probably the officer’s mindset.”

Statistically speaking, it’s easy to make a case that the Austin police are a bit “trigger happy,” when it comes to busting people for DUI. Travis County, Texas, has the highest DUI dismissal rate in Texas, per an Austin Statesman analysis — a whopping 30% of cases are dismissed.

That said, battling back against a DUI charge anywhere is neither simple, nor cheap.

First of all, the defendant must contend with direct costs, such as legal fees. The indirect costs can be far more pernicious. If you sit in jail for a day or two — or spend several days going back and forth to court — you waste many potential billable hours. That “time suck” alone can cost some people hundreds or thousands of dollars. Secondly, consider the indirect psychological and relationship costs. Many people are both judgmental and superficial. If police arrested you for DUI, others may judge you, even if the facts are totally on your side. Davis spoke to this frustration: “I was arrested for nothing, really… it was suspicion of drunk driving, which I wasn’t, so I am surprised and hurt at the same time.”

In Los Angeles, California police must respect your Fourth Amendment Rights. In other words, they must be able to justify stopping you by pointing to clear, easy to articulate facts about some criminal activity. It is possible to challenge probable cause by asking for a hearing per California Penal Code Section 1538.5.

The team here at the Kraut Criminal & DUI Lawyers can assist. Attorney Michael Kraut is a former prosecutor who has a stellar reputation for helping clients like you with Los Angeles DUI defense.

Published on: February 27, 2014

If Los Angeles DUI Breathalyzer Tests Are So Flawed, Then Why Do So Many Police Forces Use Them?

by Michael Kraut

If you’ve read our criticisms of Los Angeles DUI breathalyzer tests, you’ve hopefully been at least slightly convinced that these screening tools are less than flawless.

At the risk of being repetitious, breath test results can vary, depending on:

•   How deeply you blow into the machine;
•   The machine’s calibration;
•   Your metabolic rate of alcohol absorption;
•   How much food you ate;
•   Your genetics and metabolic history;
•   Whether you’re sick or on any kind of medications;
•   How much “mouth alcohol” is present;
•   Whether you’re producing ketone bodies — metabolic byproducts of certain diets — which can throw off breath test readings and lead to false positives;
•   Whether the officer who conducted your breath test made mistakes regarding calibration, cleaning the machine, documenting the process and so forth;
•   Whether the type of breathalyzer machine used was flawed.

Depending on what happened with the breath test, you may have potential defensive avenues. For instance, perhaps the police violated your Constitutional rights and pulled you over without a good reason or subjected you to unreasonable search and seizure.

How should you fight your Los Angeles DUI charges? The first rule is commonsensical: don’t try to figure this all out on your own. Trust the attorneys at the Kraut Criminal & DUI Lawyers to help you build a good strategy and contrive an effective defense.
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Published on: February 26, 2014

Actress Amanda Bynes Wins Big Victory in Her Los Angeles DUI Case

by Michael Kraut

In 2012, Actress Amanda Bynes was arrested for misdemeanor DUI in Los Angeles – the event prompted a slew of tabloid rumors and an onslaught of media coverage.

Law enforcement alleged that, in April 2012, Bynes tried to pass a police vehicle in her black BMW at around 3:00 a.m. She clipped the right rear panel of the cop car. Unsurprisingly, the police tried to pull her over – but she fled the scene. The police eventually caught up with her, arrested her, and set her bail at $5,000. In response, she begged for help from the President on Twitter (always a highly successful strategy), writing: “Hey@BarakObama… I don’t drink. Please fire the cop who arrested me. I also don’t hit and run.”

Prosecutors charged her with a single count of misdemeanor DUI, and the District Attorney asked for a sentencing enhancement because the actress refused a blood test or breathalyzer test. A conviction could have netted her a maximum sentence of six months behind bars.

But Bynes just resolved her case by pleading no contest to a charge of “wet reckless” – a similar but much less severe charge than DUI. Bynes will need to pay fines, complete a three month alcohol education course and serve probation for three years.

Even before her DUI, Bynes had a fractious relationship with the Los Angeles police. A few weeks prior to her April 2012 stop in West Hollywood, police stopped the actress for chatting on her cell phone while driving. While an officer wrote up her ticket, Bynes hit the gas and fled the scene before the cop could give her the ticket. (Later on, she went to the police station and paid the ticket.)

What lessons can we learn from Bynes’ torturous progression through the Los Angeles legal system?

Perhaps the most salient lesson is this: prosecutors CAN ask for enhanced sentencing, if you refuse a breath test or blood test. Even though Bynes plead no contest and escaped serving serious jail time, this doesn’t always happen. Prosecutors can really go after you, if you refused your breath or blood test. For instance, your license suspension could be extended substantially, and you could face extra jail time.

To manage your charges, get in touch with an experienced Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers immediately for a confidential and free consultation. Mr. Kraut is a Harvard Law School educated attorney who also served as a senior level district attorney. He has a deep knowledge of the prosecutorial mindset and playbook, and he can help defendants develop articulate, precise strategies.
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Published on: February 20, 2014

Do Los Angeles DUI Checkpoints Really Work?

by Michael Kraut

Los Angeles DUI checkpoints have their critics. For instance, the American Beverage Institute complains that checkpoints lead more often to frivolous citations – police cite drivers who don’t have their licenses or who have broken taillights – than they do to stopping dangerous drivers. The ABI is actually far more fond of saturation patrols, also known as roving patrols. The ABI loves to cite a 2007 Virginia Tech study that found that roving patrols are almost 25 times more likely than checkpoints to nab DUI drivers.

Even if the American Beverage Institute’s analysis holds water — and the 2007 study could be replicated and confirmed here in Los Angeles — that doesn’t mean that police will (or should) suspend checkpoints. After all, one of the arguments for checkpoints is that they act as a deterrent. When drivers get behind the wheel, they know that checkpoints are out there “somewhere,” lurking. This fact may encourage drivers who are on the fence about whether to drive after drinking to make the smart choice and call a cab or a designated driver. Advocates of checkpoints argue that they’re also safe and relatively easy for police to run.

Of course, as someone who has been recently arrested — or knows someone who has been arrested — for a DUI, you probably could care less about whether saturation patrols or checkpoints are better enforcement methods.

Instead, you want crystal clear, insightful guidance about how to fight your charges and move on with your life. Look to the Los Angeles DUI defense team at the Kraut Criminal & DUI Lawyers. We can help you get a grip on the charges you face and develop a plan of action to take them on.
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Published on: February 17, 2014

Did Justin Bieber Hit and Kill a 7-year-old While DUI? (The Anatomy of a Viral Rumor)

by Michael Kraut

As this Los Angeles DUI blog (and an infinite number of other sources) reported: last month, pop singer, Justin Bieber, got arrested in Miami for DUI. Beiber had been drag racing a fellow 19-year-old musician.

The news covered the story extensively, so there’s no need to rehash the details. However, in the wake of the arrest, a viral rumor spread suggesting that Bieber had hit and killed a 7-year-old boy while DUI. One fake headline making the rounds read: “Breaking News: Justin Bieber did it again!! This time it’s over … DUI.”

This message made the round weeks after police stopped Bieber and accused the Canadian pop star of racing a rented Lamborghini at reckless speeds after consuming antidepressants, beer, and marijuana.

Unfortunately, the Beiber hoax caused big computer problems. Unlucky users who clicked on a link to watch a video about the story met with a nasty surprise. Instead of downloading a video, they downloaded a virus, which grabbed their personal information and passed it to criminals.

Here’s what’s interesting about this rumor story. It illustrates the bizarre, web-related drama that DUI arrests can create. Odds are that your arrest won’t give rise to ridiculous online hoaxes. However, your DUI mug shot may get circulated widely on the internet. This can cause reputation management problems. Now, whenever someone Googles your name, your mug shot may pop up immediately in the search engine results. This is embarrassing. It can also cause you trouble when you start a relationship, apply for a loan, or try to land a job.

Preparing for odd eventualities is critical.

There is only a five percent chance that a DUI case will go to jury trial. Most other cases will be dismissed or settled way before this happens. But you still need to approach your defense as if you might ultimately plead your case before 12 jurors.

What if that happens?

First, the jurors will listen to witnesses for the prosecution. Then your lawyer will cross-examine. Then lawyers will review evidence, and both attorneys will make closing arguments. Next, the jury will deliberate and decide whether you’re “not guilty” or “guilty.” The jury can be “hung,” if the jurors cannot come to unanimous agreement. Even if you’re found guilty, your DUI attorney can try to convince the court to overturn the verdict and either dismiss the case or have it retried.

The point is that excellent preparation is essential. Harvard Law School educated former prosecutor, Michael Kraut, and his legal team, can help you build a sound Los Angeles DUI defense.

Published on: February 16, 2014

4 Potential Issues with Your Los Angeles DUI Breathalyzer Test Results

by Michael Kraut

You recently tested positive for DUI in Los Angeles via a breathalyzer test.

Perhaps you’re an underage driver who blew a relatively low 0.06% BAC. Your BAC level wouldn’t have been a problem, had you have been of legal drinking age. Or perhaps police stopped you at a checkpoint in Pasadena, and you blew a 0.09% – just over the legal limit – and performed less than stellarly on your field sobriety tests. Or maybe you blew an “extreme DUI” of 0.17%, after you got into an accident.

In all these situations, your Los Angeles DUI defense attorney may be able to challenge the results or accuracy of the breath test to reduce your penalties or potentially void them entirely. For instance, consider the “extreme DUI” example. Perhaps your lawyer can convince the court that you weren’t 0.17% but rather 0.14%. Even that may be enough to substantially reduce your penalties, such as jail time, fines, probation, alcohol school, etcetera.

Here are 4 common issues with breath tests:

1. Alcohol left over in your mouth.

Here’s a gross but true fact: alcohol can get stuck in between your teeth and in your mouth, depending on your dentition, your general oral health, and other factors. This “mouth alcohol” can throw off your BAC reading and cause it to read higher than it is, objectively.

2. You may have a slow alcohol metabolism.

The breath test doesn’t measure blood alcohol directly – it infers it. How long does it take you to absorb and metabolize alcohol? The breath test results may skew higher than your objective BAC level.

3. The strength of your exhale can skew the test results.

If you blow out “super hard” during the breath test, you can skew the BAC reading to be higher than accurate. This is one of the reasons why many law enforcement officials ask people to “blow deeply” into breath machines. They know that the deeper you blow, the higher your BAC reading will be, all other things being equal.

4. Other factors.

Potentially dozens of factors can throw off the breath test results, including:

•   Your breath’s temperature;
•   Whether or not you’re a diabetic or on an intense diet (ketone bodies created by low calorie and low carb diets can skew breath test results);
•   Whether you’ve ingested other chemicals that could throw off the breath test;
•   Whether you’re a man or a woman (men and woman absorb alcohol at different rates);
•   Whether the officer calibrated the breath test properly;
•   Whether the machine itself has inherent engineering flaws.

Of course, a breath test is not always challengeable, but you might be surprised by the sheer diversity of DUI defenses available to you.

Talk to a highly respected and experienced Los Angeles DUI criminal defense lawyer at the Kraut Criminal & DUI Lawyers to get a handle on your options. Attorney Kraut is an ex-D.A. He has a deep understanding of the prosecutorial process and great relationships in the system.
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Published on: February 12, 2014

SNL Comedian Chris Kattan Busted for DUI in Los Angeles

by Michael Kraut

“Saturday Night Live” alumnus, Chris Kattan, was pulled over on Monday for DUI in Los Angeles, according to California Highway Patrol reports.

The 43-year-old Kattan hit a construction truck on the 101 Freeway at around 2 in the morning in Encino. CHP says that the truck had been parked on the shoulder. Kattan suffered a bloody nose in the crash. Fortunately, no construction workers got hurt, since no one was in the vehicle. Police took Kattan to a Van Nuys precinct and booked him.

Authorities say the truck had been well marked with orange cones, signs and flashing arrows. But Kattan apparently did not see those markers. The crash wrecked his 2011 Mercedes and also damaged the construction truck. Prior to the crash, a woman called the police to report a “Mercedes … weaving all over the roadway at slow speeds.”

Kattan — who’s best known for his wild sketch comedy bit (and later movie), The Night at the Roxbury, which he developed with comedian, Jim Carrey — confessed to police that he had been on prescription medications. Police said Kattan took a chemical test for drug DUI. The arresting officer, Leland Tang, told reporters “[Kattan’s accident] could have been lot worse.”

Kattan tweeted to his fans afterwards that “those concerned are just adding gossip: I am fine, passed all tests, released without bail, have driver’s license, cop offered to drive me home.”

Kattan is lucky that he did not get hurt more seriously and that he did not injure other people. Even so, in California, if you’re convicted of a misdemeanor DUI in Los Angeles, prosecutors can still seek an array of punishments, pursuant to California Vehicle Code Section 23152 (A), including:

•   Mandatory 48 hours in custody and up to six months behind bars;
•   A fine of $1,000 in addition to court costs, which can be substantially more than $1,000;
•   The court can impose either formal or informal probation and mandate that you install an Interlock Ignition Device (IID) in your vehicle. This means that you will need to blow a “sober breath” into the device before you can start your car;
•   You may face 6 weeks to 9 months of DUI alcohol school;
•   You can lose your license for a whole year… without the possibility of getting a restricted license for work or school.

For help understanding the nature of your Los Angeles DUI charge, connect with the team here at the Kraut Criminal & DUI Lawyers today for a free, confidential consultation.
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