Los Angeles Criminal Defense Attorney Blog

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?

Continue reading " Ten Ideas to Decrease Los Angeles DUI Arrests and Improve Highway Safety in 2010 " »

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...

Continue reading " Ten Concerns Regarding Los Angeles DUI and Other Driving Hazards in 2010 " »

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.

Continue reading " 9 Eye-Popping Numbers regarding Southern California DUI in 2009 " »

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.

Continue reading " Four Ideas For Reducing Underage DUI in Southern California " »

Now that DUI season has arrived in Los Angeles and throughout Southern California, it is important for those who have been arrested to understand the DUI process. After the police pull someone over for a Southern California DUI, then the entire process will begin to unfold quickly and people need to know what their right's are and what is likely to happen.

These events are the same whether you are stopped for a DUI in Pasadena, or stopped for a DUI in Beverly Hills. Many people think that the officers do things differently depending on where they are stopped. This is most likely not true. A DUI in Glendale is treated the same as a Long Beach DUI.

The first thing that will occur is that police officer will pull you over for some reason. However, the reason must be based upon objective criteria and must comply with the law. In many cases that is either speeding or weaving back in forth or out of the lane of travel. That is called the probable cause for the stop. At that time the officer, if the person has been drinking, will smell alcohol on their breath and may ask a few questions. This is called the DUI detention.

The next event is that the officer will ask you to exit the vehicle and will ask a few more questions. These may concern whether you are taking any medicine, what and when you last ate, where were you drinking before you were pulled over.

After you answer those questions the officer most likely will instruct you to perform field sobriety tests. These are legal tests that assist the officer in making a determination whether you are driving under the influence of alcohol and whether the officer wants you to submit to a chemical test.

If the officer still is not sure if you are driving under the influence, then you may be asked to take a Preliminary Alcohol Screening Test (PAS Test). The test is offered by the officer. it is very important to know, that you are not obligated to take the PAS Test. The officer may attempt to trick you into thinking that you must, however, that is not the law and you have no duty to take that test.

If you take the PAS Test, and the read out is anywhere close to or over .08%, then you will automatically be arrested and taken to the station. As most people know, there are two components to the Los Angeles DUI arrest. First, is the person driving under the influence of alcohol or drugs in violation of 23152(a) of the California Vehicle Code, and secondly, is the person driving with a blood alcohol level of .08% or higher in violation of 23152(b) of the California Vehicle Code.

Once arrested, then the entire game changes. The next blog post will cover what happens after the arrest at the station and how you should proceed to minimize the harm that can occur to both your criminal record, and your ability to drive a motor vehicle in California

Continue reading " DUI Season Begins in Southern California " »

When most people talk about solutions to the problem of driving under the influence in Southern California, they discuss prosecution and penalties. However, as the adage goes, an ounce of prevention is worth a pound of cure. It's a plausible hypothesis that, if we can collectively improve and manage driver behavior, we could dramatically slash accident rates and road fatalities far more effectively than we do now with our system that is heavy on "sticks" and light on "carrots."

With that theory in mind, let's examine some numbers put out by organizations like the National Highway Traffic Safety Administration, AAA, and the Insurance Institute for Highway Safety to determine the most dangerous (and safest) times and circumstances for driving.

Before we delve into the numbers, understand that accident statistics can often mislead. For instance, the Insurance Institute for Highway Safety reported that, in 2007, more than 14,000 people died during the afternoon rush hour (from 5 PM to 7 PM). If you only heard that statistic -- and took it out of context -- you might be wary of driving at all during rush hour. However, it turns out that rush hour is relatively safe -- at least compared with the hours of midnight to 3 AM. Although the number of fatalities during the early morning hours is lower, the percentage of accidents that occur during this time is much higher. This is because, during the wee hours of the morning, the roads empty out, leaving a much higher percentage of drivers who are DUI, tired, distracted, and so forth.

NHTSA statistics show that the midnight-to-3 AM shift is 10 times more deadly then is the 6 AM to 6 PM shift. Your risk increases even more if you drive between midnight and 3 AM on Saturday and Sunday mornings -- when many people leave bars, clubs, and parties with higher than normal blood alcohol levels.

Statistics also belie some of our other intuitions. January and February are safer months than August and October, for instance -- even though January and February are winter months and thus have worse weather. School buses -- which do not have seat belts -- appear to be safer than automobiles and trucks, which DO have seatbelts. Driving a motorcycle is far more dangerous than most people realize. Wednesday is the safest day to drive, while Sunday mornings are the most dangerous. Young male drivers between the ages of 16 and 24 are around four times as likely to die in automobile crashes than average. The day after a snowfall is particularly hazardous, according to research from the University of California Berkeley, which found that fatality rates spike by 14% on the day after a big snowstorm.

To sum up, an array of factors contributes to driving danger/safety, including:

* time of day (day or night)
* weather conditions
* driver distractibility (cell phones, texting and radio in the car)
* fatigue
* locality (city, suburb, country - e.g. Burbank may have different danger-times and zones than Long Beach)
* vehicle upkeep
* road upkeep
* macroscopic social trends, particularly trends that reflect on your age/demographic group
* whether or not you or another driver consumed certain foods, alcohol, narcotics, or medications
* your level of stress
* so on and so forth

With all these factors at play, if you're arrested for DUI with injury in Southern California, you may need an agile and astute attorney to develop a battle plan. The California Vehicle Code Sections 23152(a) and 23152(b) stipulate severe punishments for drivers who hurt other people while operating a motor vehicle with a BAC level of 0.08% or more. Punishments can depend on factors like how many people you hurt, how seriously you hurt them, whether you violated any traffic laws, and whether or not another party or parties could be partially responsible for the accident.

For help distilling a plausible and strategic approach to your defense, connect with Attorney Michael Kraut of the Kraut Law Group ASAP. As a Harvard Law School educated former LA Deputy District Attorney, Attorney Kraut has the experience, street smarts and intellect to build an aggressive defense for you.

Continue reading " When is the safest time to drive? When is the most dangerous time to drive? And how can you avoid encountering drivers who are driving under the influence in Los Angeles? " »

Tiger Woods, the popular champion golfer apparently was involved in a domestic violence incident. Rather then being the violent perpetrator, Mr. Woods was chased from his house by his wife, Elin Nordegren. According to reports, Ms. Nordegren was furious about an affair that Tiger Woods was having a 24-year-old cocktail waitress.

If the stories of her assault were correct, then she could have been charged with domestic violence. Under California law, an assault with a weapon is a strike offense and could lead to four years in prison. Ironically, had Tiger Woods been driving under the influence of alcohol when he crashed into the fire hydrant, he could have been charged with a DUI. However, these facts were never even alleged against the pro-golfer.

Tiger Woods’ wife blasted his mistress in a furious phone call when she found out about their affair. The "other woman" Jaimee Grubbs, is a Los Angeles cocktail waitress. A smart woman, Tiger's wife called her from a blocked number and when Ms. Grubbs asked who was calling, Mrs. Woods said "you know who this is because you're fuc*ing my husband."

As details of the car crash and Tiger Woods' wife chasing out of the house and threatening him with, of all things, a golf club, Tiger finally admitted that he had cheated on his wife and apologized for what he had done.

Ms. Grubbs is the second person to be allegedly connected to Tiger Woods. Immediately after the 2:00 AM crash of his $50,000 Escalade, the press was reporting his connection with Kalika Moquin, a Vegas nightclub promoter.

According to reports, Tiger Woods complained to friends that his wife had gone ballistic on him and scratched his face just hours before the car crash.

Continue reading " Tiger Woods involved in a Domestic Violence incident and was the Victim " »