Los Angeles Criminal Defense Attorney Blog

Would the public and people suspected of driving under the influence in Burbank, Long Beach, and elsewhere in Southern California be better served if police use more accurate methods to test for blood alcohol concentration (BAC) levels?

The Breathalyzer device has been a law enforcement staple for decades. Most people -- including most police officers and drivers -- assume that Breathalyzer tests used at DUI checkpoints are pretty accurate.

We take it on faith that these tests work at least well enough to determine guilt or innocence for driving under the influence in Southern California. However, unrefuted analyses show that Breathalyzer readings can be riddled with errors. Let’s examine some of the most common sources of error:

1. Calibration problems

Silicone oxide sensors can be contaminated and influenced by chemicals other than ethyl alcohol (the “active ingredient” in most cocktails and drinks). Both the so-called wet bath method and the dry gas method of calibration have flaws. A failure to recalibrate -- or interference with recalibration -- can lead tests to be widely off the mark.

2. Certain chemical compounds can interfere with readings

Diabetics, most famously, can have acetone levels in their blood that can throw off BAC readings (and thus yield a false positive). A scientific study out of Europe recently found that certain asthma medications can also lead to false positives. Environmental compounds, such as MTBE -- an additive in gasoline -- can also interfere with breathalyzer mechanisms and lead to false positives… as can paint remover, other kinds of alcohols, lacquers, and volatile organic compounds (VOCs).

3. Variations among people

Variations in human physiology abound, and these can play a not insignificant role. One person’s breath may be “more alcoholic seeming” than another person’s breath -- even though the two subjects may have identical BACs. In other words, someone well above California’s legal limit of 0.08% could test below the legal limit because he has what's known as a high partition ratio. Conversely, a driver who has a low partition ratio (e.g. 1400:1) could have a de-facto BAC level of 0.06% and still test above the legal limit for Long Beach DUI.

4. Officer bias and other issues

Police officers are people too, and they can make mistakes -- both in terms of recording BAC levels and in terms of conveying relevant information up the chain of command.

Also, variations between men and women, variations due to temperature, and variations due to cell volume of the blood of suspects (known as hematocrit) can also lead to skewed results and false positives.

So what should you do if you or a loved one has been slapped with a misdemeanor charge of driving under the influence in Long Beach, and you believe that the Breathalyzer test gave a false positive? Even if the facts are on your side, you still likely need a competent and trial-proven lawyer to help you plead your case.

Continue reading "Should Breathalyzer Tests Be Used on Long Beach DUI Suspects?" »

The problem of driving under the influence in West Hollywood is a perennial one. On weekend nights and certain holidays (especially Halloween), the surface streets in West Hollywood become extremely hazardous to both pedestrians and drivers. Here, we provide some tips for how to (hopefully) drive safer and smarter in and around the City of West Hollywood.

1. Limit your driving on party nights.

As long time residents know, the City of West Hollywood comes alive on weekend nights -- particularly along the stretch of Santa Monica Boulevard from Doheny east to La Cenega. The Sunset Strip (to the north) is also the site of many arrests for DUI in Hollywood.

Hard partying drivers pose risks not only to other cars on the roads but also to pedestrians. According to authors Steven Levitt and Stephen Dubner (SuperFreakonomics), walking while under the influence of alcohol may be even MORE dangerous than driving under the influence, per mile traveled. So pedestrians and drivers alike should be particularly cautious in the “party zones” -- especially during weekends and holidays.

2. DUI drivers who get distracted while looking for parking spots can be doubly dangerous.

Parking restrictions abound in West Hollywood. Trying to finagle a parking space, especially near the clubs and restaurants along Robertson, Santa Monica Boulevard, and La Cienega Blvd, can be perilous even if you're driving sober and in the middle of the day. The constant cat and mouse game that is the quest to find parking in West Hollywood can result in drivers becoming extremely distracted. When you combine this with alcohol in any form, the dangers skyrocket.

3. Certain intersections have a reputation for being unwieldy.

The intersections of Santa Monica Boulevard with north-south streets like Fairfax, La Cienega, and Doheny, for instance, can get crowded and competitive during rush hour. So be extra mindful at these big intersections. Watch for drivers cutting across traffic or breaking other rules.

4. DUI in West Hollywood dangers can actually increase when fewer cars are on the roads.

During the day, when most of Los Angeles is stuck in a perpetual traffic gridlock, cars obviously have to drive slower, and thus the potential dangers of injuries from certain collisions decrease. When the traffic frees up -- during the evening hours and sometimes in the weekends -- cars naturally speed up. While this makes getting around West Hollywood a little easier, it also poses problems. DUI in Hollywood collisions are more likely to lead to injuries and death, for instance. This hazard can be compounded on the weekends because certain neighborhoods will clog up with traffic (people going into and out of popular clubs and restaurants), and thus there's a lot of stop and go action on the roads, which can make things even scarier -- particularly when you add DUI in West Hollywood drivers to the mix.

The laws governing DUI in West Hollywood are the same as the laws that govern DUI elsewhere in the state. Two sections of the law are particularly relevant -- California Vehicle Code Section 23152(a) and California Vehicle Code Section 23152(b). These sections outline precisely what constitutes the crime of driving under the influence of alcohol or drugs and sets forth the (many) punishments that can be handed out to violators. Two related laws, California Vehicle Code Section 23153(a) and California Vehicle Code Section 23153(b), outline the crime of Southern California DUI with injury and stipulate the punishments for that crime.

To build a stiff defense against any of these charges, it helps to retain a lawyer who has a deep working understanding of Southern California judicial system from both the prosecutorial and defense side.

Continue reading "DUI in West Hollywood Dangers -- How to Avoid Them" »

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.

Continue reading "Southern California DUI Fatalities Trending Downwards over Past Several Years" »

California laws appear to be getting more harsh for those charged with Southern California DUIs. Legislators in recent months have begun to amass together to bring sweeping changes to the existing DUI laws. As of today, the laws are fairly straight forward. Los Angeles DUI defense Attorneys who are former prosecutors, and have trained law enforcement officers, are well versed in the penalties in DUI cases. The DUI defense attorney who who almost exclusively handle DUI cases are often in the best position to ensure that these penalties do not fall on their clients' shoulders. Those charged and convicted with a first time Los Angeles DUI can expect the following to occur:

1. Driver's License suspended for 4 months.
2. Must enroll in a 3 month DUI alcohol awareness program.
3. Pay huge court fines.
4. Receive a criminal record.
5. Be placed on probation for a period of at least two years.
6. Have a public record of conviction.
7. Mandatory jail sentence.
8. Sky rocketing insurance rates.

Because these penalties are so sever, it is always recommended that if a person is stopped and arrested for a Los Angeles DUI, that they immediately hire a pre-filing DUI defense attorney. Often times the criminal defense attorney is able to raise legal questions so that charges are either reduced or in some cases fully dismissed.

Those charged with a second time DUI have significantly higher penalties. A second time DUI is determined by a person having been convicted of a DUI sometime within the last 10 years before the most recent DUI. The penalties include the following:

1. Mandatory jail sentence of between 4 and 10 days and a maximum of 6 months in county jail.
2. Dui alcohol school that lasts 18 months at a minimum or a maximum of 30 months.
3. Driver's license suspended for 2 years.
4. Court can mandate formal probation.
5. Court may order a DUI interlock device. This device will need to be blown into before your car can start. While this may not seem that inappropriate, if your job requires you to drive at all, you may likely be fired.
6. Huge fines from the court.
7. Loss of car insurance or significantly increased fines.

While these penalties are sever, Sacramento legislators are considering apply the Three Strikes Law to driving under the influence cases, making the penalties even harsher. The law makers are publicly upset about cases in which people have been convicted of eight or nine separate DUIs are still able to get back behind the wheel after their sentence is complete.

The most recent statistics from the California Department of Motor Vehicles indicate that almost 1,500 people were killed in DUI related deaths in 2007. In addition to those killed, well over 30,000 people were injured in DUI accidents during the same time period.

Statistics from 2006 point to an alarming increase in the rise of Los Angeles DUIs, as well as driving under the influence cases throughout Southern California and the rest of the State. The State reports in excess of 5,000 drivers had amassed four DUI conviction within the last 10 years.

Based upon these statistics, law makes are talking about instituting a Three Strikes type law which would permanently take these repeat offenders off the roadways. Tougher DUI laws are already being enacted. Beginning next year, first time DUI offenders In Los Angeles who are convicted of either Driving under the Influence of Alcohol or drugs in violation of CVC 23152(a) or of having a blood alcohol level in excess of of .08% in violation of CVC 23152(b), will have to have a ignition interlock device installed on any vehicle they drive.

Continue reading "California Legislators Begin to Call for DUI Convictions To Fall Under Three Strikes Laws" »

Three days after a former model's body was found stuffed in a small carry-on suitcase, the facts are beginning to appear more clear. Jasmine Fiore, 28, an aspiring real estate agent and former model was found dead as a result of murder......the person of interest, her former husband. The purported suspect, Ryan Jenkins, was a two time reality star who always wanted attention and the limelight. Now, he has suddenly disappeared and is in need of a Los Angeles criminal defense lawyer. All of the facts are not yet known. What is clear is that the Jenkins and Fiore had a brief, but stormy relationship.

Fiore and Jenkins were last seen at a poker game in San Diego. On Saturday, Jenkins reported missing to the Los Angeles County Sheriff's Department. Shortly thereafter he disappeared completely off the face of the earth. Based upon circumstantial evidence, Jenkins should seek the advice of a pre-filing Los Angeles criminal defense attorney.

They met in March of this year in Las Vegas, spent two days together and then got a Vegas "quickie" marriage. Things apparently did not last too long. After arguing constantly, Fiore filed for an annulment from the marriage. That stormy marriage resulted in a criminal filing of domestic violence against Jenkins. Jenkins was charged with misdemeanor battery. He was scheduled to go on trial this December for the violent crimes he committed against her.

Jenkins also had a criminal charge in his home country of Canada. In January 2007, he was given probation for an assault charge.

The victim's mother indicated that Fiore and Jenkins had been fighting recently over her past boyfriends. Apparently, he was jealous of the fact that Fiore had always remained good friends with people that she had previously dated.

Jenkins was just beginning his new career of attempting to become a reality star. He had just appeared on three episodes of "Megan Wants a Millionaire." He was identified as a wealthy investment banker bachelor on the series. However, now he has disappeared

Preliminary results show that Fiore was murdered by strangulation. The final autopsy report is pending and until it is released, the cause of death is officially undetermined.

Continue reading "Los Angeles Reality Star is Sought by Police for Murder in Buena Park" »

After two trials and well over a week of deliberations, music producer Phil Spector was convicted of second degree murder in the Los Angeles shooting death of actress Lana Clarkson. Spector, 69, was immediately remanded into custody by Judge Larry Paul Fidler.

The producer was quiet as usual when he arrived in court. As the verdict was read he looked straight ahead and did not show any emotion. The six-man, six-woman jury began deliberating on March 26, 2009, after a 5 month trial. This was the second trial for Spector whose first trial ended in a hung jury. Alan Jackson, the prosecutor, tried both cases. The facts presented in both cases was primarily the same. This time the jury seemed to take the evidence of Phil Spector's quirky behavior of pointing guns at the heads of woman who he dated, but refused to sleep with him, as evidence of his implied malice.

As soon as the shooting occurred back in 2003, Spector immediately hired his pre-filing Los Angeles defense attorney. The reason to do so is that a Southern California criminal defense attorney can make the difference between the police immediately gathering all of the evidence and destroying the crime scene, and a representative of the accused being able to begin the process of preparing a strong and capable defense.

Spector was convicted of second degree murder. The crime carries the a penalty of 15 years to life in prison. In order to prove this crime the prosecution must prove that at the time he shot Ms. Clarkson, he knew the dangers of his actions and then proceeded to handle the gun in a manner that was careless as to human life. The standard of proof is very high. The prosecution must prove this crime beyond a reasonable doubt. That is the highest standard there is in any court.

Continue reading "Phil Spector Guilty Of Murder of Lana Clarkson in Los Angeles" »

As we see the beginning of a new President and Vice President for the United States, we will most likely see a new beginning for criminal prosecutions for Los Angeles DUIs and Southern California criminal law.

Already the new administration has claimed that there will be a clamp down on crime. The local administrations have also claimed that they will vigorously prosecute even minor offenses. It will not matter if you are arrested for a Los Angeles DUI, a Long Beach crime, a San Fernando robbery, or a Pasadena DUI, the police will be trying to enforce the law to the fullest. For that reason, it is important to hire a Los Angeles criminal defense attorney who has the experience and knowledge to defend you.

The new emphasis on punishment for minor offenses is going to put regular citizens in a bad position. In the past, judges and prosecutors understood that there is a clear difference between people who are law abiding but who make a mistake, and those who a repeat offenders. Now, even minor offenses are going to punished more severely.

As a former prosecutor, Los Angeles criminal defense attorney Michael Kraut, handles criminal matters in the Los Angeles and throughout Southern California. His Harvard Law School training and over 14 years experience as a senior trial prosecutor has put Mr. Kraut in a unique position to defend individuals arrested and charged with Los Angeles based crimes.

If you have been arrested or charged with a crime and or you need to hire a Los Angeles pre-filing defense attorney or you are under investigation for violent crime in Southern California, please contact Los Angeles criminal defense attorney Michael Kraut for 24/7 assistance by phone at (323) 464-6453 or toll free at (888) 334-6344 or online.

A man dressed as Santa Claus opened fire at his relative's house in Los Angeles suburb of Covina killing 9 people and then shooting himself after going to the house at almost midnight. The shooter then set fire to the scene starting a Los Angeles arson and then fled the scene, traveling 40 miles to Sylmar, California and then killed himself. Had the gunman lived, he could have been charged with a Los Angeles murder. In fact, he could have faced capital murder charges, also called murder with special circumstances. In California, a person that commits murder in the commission of a Los Angeles arson crime, could be charged with the death penalty. In addition, the special circumstances of the multiple murders also could lead to the death penalty. These crimes are defended by a Los Angeles homicide crime defense attorney.

Continue reading "Christmas Eve shooting in Los Angeles Suburb of Covina Ends with Arson" »

I want to wish everyone in the Los Angeles and Southern California area who reads or is redirected to this Los Angeles and Southern California Criminal Defense Blog a Merry Christmas and Happy Hanukkah. This blog is now six months old and I am pleased that it seems to have helped so many people. I have received many comments from people around the area that they have been helped by the information here.

In an attempt to wrap it up for the year I want to make sure that people are safe for this holiday season. I also want those people people who get into a Los Angeles DUI that if they should be stopped by the police in at a Southern California DUI checkpoint, or by Los Angeles law enforcement, that a Los Angeles DUI defense attorney is available 24/7 to assist if you or a loved one.

Because Southern California DUIs are taken so seriously, you need to know your rights and responsibilities. Remember you do not need to take the Los Angeles Law Enforcement PAS test in the field. If you are stopped by the police make sure to be polite. If they ask you to take the Los Angeles field sobriety tests you must comply. But if they ask or demand that you take a PAS test you are allowed to refuse. It is the recommendation of this Los Angeles DUI defense attorney to refuse this test. It can only be used against you. If you blow a significant BAC then you will be arrested. If you are taken to the police station you will be offered a choice of the breath or blood test. The choice is yours. But try to delay the test as long as possible. The law requires that the blood test must be taken with a specific time. If it is not done within the allotted time then the results will be thrown out in court.

Continue reading "Christmas and Holiday Wishes From Los Angeles and Southern California" »

The Los Angeles City Council has just concluded hearings on the huge back log of untested rape kits held by the LAPD as part of sexual crimes evidence that the force has collected. These public hearings were all over the local television stations as victims of sex crimes and their advocates shamed the LAPD for the backlog of over 7,300 untested rape kits. In many cases, the statute of limitations has past on these crimes and those that sexually assaulted their victims could not be brought to trial.

After the hearing concluded, the City Council approved the hiring of 16 additional crime lab analysts immediately to process these samples. DNA and other samples taken from rape victims have not been processed. Sarah Tofte, researcher with the US Program at Human Rights Watch, says that the problem is not just with the processing of evidence, but in the investigating and prosecution of rape cases.

Yesterday, Mayor Antonio Villaraigosa, Police Chief William Bratton, and Councilmember Jack Weiss announced that the crime lab would be increased by 30 employees in the next six months. This, they claim, will alleviate the backlog in untested kits.

Continue reading "Los Angeles Adds Crime Lab Positions To Process Rape Kit Evidence held by LAPD" »

This past week there was a new turn of events on the recent crime wave of robberies on Melrose Avenue in Los Angeles. For the eighth time in recent weeks a group of young men have held up shoppers taking their personal possessions and scaring these victims. Some news reporters have incorrectly stated that the culprits were committing armed burglaries.

In California, robbery is defined by Penal Code Section 211 as the taking of personal property of some value, no matter how slight, from the immediate presence of another person, by the use of force or fear. The force could be a gun or other weapon. The fear element means that the person being robbed felt fear for their safety, or the safety of another person. It is punishable by jail or prison and and fines.

There are two types of robberies, first degree robbery and second degree robbery. Robbery of the first degree is when the person commits a robbery as defined previously, but the robbery occurs either at an ATM, in the home of a person, or of a taxi or bus driver. The more common form of robbery is robbery of the second degree. These are all other types of robberies, such as street muggings.

Continue reading "Robbers attack shoppers on Melrose in Los Angeles" »