Driving Under the Influence of Alcohol

April 3, 2015

New Jersey Cop Kills Two Friends in Wrong-Way DUI

You’d think that police officers charged with enforcing DUI laws would learn a lesson if they got themselves arrested for a DUI in Los Angeles or some other jurisdiction. But that that wasn’t the case for Pedro Abad, Jr., age 27, a six-year veteran of the Linden police department in New Jersey. He already had two DUI arrests on his record when he got behind the wheel after partying with friends on March 20th.

According to press reports, Abad and three friends—Linden police officers Frank Viggiano and Patrik Kudlak,, and Joseph Rodriguez, all 28 years old—were traveling in Abad’s Honda after spending several hours at strip clubs in New Jersey and Staten Island. (Newday said that several hours before the crash Abad had posted on Instagram a photo of three shot glasses filled with “Jack Daniels fire on the house.”)

Shortly before 5 a.m., Abad apparently drove the wrong way on a service road and then continued in the wrong direction on the West Shore Expressway on Staten Island. One 18-wheeler managed to avoid colliding with the vehicle, but another wasn’t able to move out of the way in time and hit Abad’s Honda head on. Viggiano and Rodriguez were killed, and Abad and his remaining passenger were admitted to the hospital in critical condition.

Abad had two arrests for DUI on his record. In January 2011, he put his car through a supermarket building in Roselle, New Jersey. The case never came to trial because Abad’s attorney said the police had not sent him information that he requested. Thirteen months later—in an incident caught on police recording equipment—Abad failed a roadside sobriety test when pulled over. After that incident, the state suspended his driver’s license for seven months and required him to use an ignition interlock device for four months.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.

March 25, 2015

Vehicle Destroyed, But Police Officer Charged with DUI Survives Train Wreck

by Michael Kraut

A police officer in southern Texas may be recalling the old saying about people who live in glass houses never throwing stones. We don’t know if Devon Brittany New, a member of the Nixon, Texas, police force, ever arrested anyone for driving under the influence. But after her own recent arrest, New may be a little more sympathetic towards anyone accused of DUI in Los Angeles, in Texas, or in any other jurisdiction.

An article on the San Antonio Express-News’ website said that Officer New was suspended from duty for a week following her DUI arrest on March 9th. She had a narrow escape; after running a red light at 1 a.m., she stalled her vehicle on nearby railroad tracks. Fortunately, she was sober enough to get out of her 2015 Dodge Challenger, because a freight train coming down the track hit her vehicle and totaled it.

Although New is back at work until her April 9th court date, it’s not clear if she’ll be able to remain on the job if she’s found guilty.
Los Angeles police officers have also been charged with DUI in some rather high-profile cases. One notable incident occurred just about a year ago, when an off-duty officer lost control of his vehicle after getting off the westbound Pomona Freeway in Diamond Bar. What made the crash more unusual was that the 29-year-old officer traveled over a 50-foot area (not a road) separating the freeway from a McDonalds restaurant. He ended up crashing in the restaurant’s drive-through lanes.

The officer probably had little interest in the restaurant’s menu at that point, since he landed in the hospital with moderate injuries.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

March 16, 2015

Suspected DUI Driver Rockets Down Interstate the Wrong Way, Nearly Kills 20 Year Old Woman

by Michael Kraut

Driving under the influence is never the right way to travel, and sometimes that lesson is quite literally true. Even an experienced Los Angeles DUI attorney could have difficulty making a case for someone who decides to drive along an interstate highway while under the influence—especially when that driver is headed in the wrong direction.

According to the Illinois News Gazette, police officers managed to stop 60-year old Michael Jay Nolan from driving west in the eastbound lanes of Interstate 74 in Champaign County. The alleged DUI driver had traveled five miles in the wrong directions, from Ogden to St. Joseph, before a sheriff’s deputy was able to get his pickup truck to stop.

Considering the distance that Nolan covered, it’s fortunate that he forced only two drivers off the road during his wrong-way drive. A 20-year-old woman, Ashley Lurry, ended up in the median after meeting up with Nolan in her Chevrolet Cobalt. She and her passenger received treatment for minor injuries at a nearby hospital.

A Toyota Camry driven by 61-year-old Denise Chestnut landed in a ditch after swerving to avoid a head-on collision with Nolan’s truck. Although her Camry may never be the same—and Chestnut will probably never forget the sight of the headlights coming towards her on an expressway—she wasn’t injured.

Police were able to stop Nolan about 15 minutes after they received the first calls from frantic motorists alerting them to the problem. Nolan received tickets for illegal transportation of alcohol and improper lane usage—not his biggest problems, since the police also charged him with DUI.

One thing that Nolan and the two other drivers did right, however. According to the paper, all of the people involved had buckled up before they hit the road.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

March 11, 2015

From Shootings to Los Angeles DUI Arrests, Cops and Witnesses Don’t Always Get It Right

by Michael Kraut

A recent shooting of an unarmed homeless man by members of the Los Angeles Police Department shows why it’s essential that anyone who is arrested for a Los Angeles DUI get good legal representation right away. Police officers can make mistakes, and eyewitnesses don’t always see or hear everything that really happened.

Nobody disputes the basic facts of a recent Los Angeles shooting. On March 1, a homeless man (later identified by the nickname of Africa) was killed during a struggle with four police officers. The man was on the ground when the shots were fired.

The police department said that the officers had already tried to subdue the man with a taser, and it hadn’t worked. Then the man had grabbed a gun from one of the officers during the arrest, and that’s when the other officers opened fire. The eyewitness claimed that he didn’t see that grab and questioned the cops’ decision to shoot an unarmed man who was already tased and on the ground.

But the whole incident was caught on a nearby surveillance camera, and CNN had a forensic expert look at the footage in slow motion. His analysis suggests that the man did indeed reach for the gun. Surveillance footage also showed that the man had been involved in a violent struggle with another homeless person earlier in the day.

So what really happened that day? Different people on the scene–all believing that they are telling the truth–will give you varying answers. It’s going to take a while to sort it all out.

The same thing can happen when somebody is arrested for DUI. No matter what the police and other bystanders think they saw, the truth may be something different–and it’s a good idea to have someone who understands all the legal ramifications available to help.

As a frequent contributor to respected media, like The New York Times, The Los Angeles Times and Good Morning America, Los Angeles DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

March 9, 2015

Alabama Man Loses Leg after Accident Involving Driver Charged with DUI

by Michael Kraut

Drivers charged with a Los Angeles DUI could face more than just legal penalties. As this story from Alabama shows, they might have to live with the fact that they’ve ruined somebody else’s life.

In Birmingham, Alabama, a 26-year-old woman on the way home from a wedding hit construction worker Bobby Joe Smith, who was working on a nighttime project for his company. Amanda Brown pinned Smith between a bulldozer and the bumper of her GMC Yukon. The accident severed one of Smith’s legs, left the other hanging by the skin and caused severe internal injuries to his colon and spleen. Fortunately, his co-workers had enough presence of mind to use their belts for tourniquets and to apply duct tape to stop the bleeding.

Smith and his co-workers had been in a well-lit area marked off by cones when the accident occurred. The crew prevented Brown from driving away in her vehicle after the accident, but she then fled on foot to her nearby apartment. Police eventually charged her with leaving the scene of an accident with injuries and first-degree assault, which includes DUI.

Smith ended up losing his right leg below the knee, and he may lose the other as well. Brown faces penalties for getting behind the wheel while allegedly intoxicated, and she will have to live with the knowledge that she’s taken away another person’s ability to walk and to make a living.

Brown could face pretty severe legal consequences if she lived in Los Angeles and prosecutors convicted her of causing an injury while driving with a blood alcohol content of .08% or higher. Per California Vehicle Code 23153, that action raises ta DUI charge to a felony. Even a first-time offender could be looking at prison time, high fines and the need to make restitution payments to the victim.

Do you or a family member need insight from a qualified Los Angeles DUI attorney? Contact Michael Kraut of the Kraut Criminal & DUI Lawyers to set up your free consultation.

February 28, 2015

Top 10 Dumb Mistakes Made by People Under the Influence of Alcohol

by Michael Kraut

A recent post on our Los Angeles DUI blog, we spoke about how alcohol affects the brain’s ability to care about mistakes. There’s never a shortage of news to justify that finding. Here are ten of the dumbest mistakes people have made while intoxicated:

1. A drunk man in Florida caused a scene and repeatedly called 911 after being told he was not allowed to bring his kitten into a strip club. He was arrested for misuse of 911 and public intoxication.

2. An intoxicated Louisiana man rode his horse into a bar and lassoed a patron, attempting to drag him into the parking lot.

3. Police arrested an inebriated man in Pennsylvania after catching him trying to resuscitate a dead opossum on the side of the highway.

4. Police arrested a man in Cincinnati after he drank too much alcohol, streaked nude though his yard, and somehow ended up in his neighbor’s dryer.

5. Police confronted a visibly intoxicated Floridian man for firing off guns on a public beach dock. During the conversation with the deputy, the man pooped his pants. He was arrested for use of a firearm while intoxicated.

6. A North Carolina man was arrested for drunkenly riding a bicycle while wielding a chainsaw.

7. A drunk Toronto man had to be rescued from his neighbor’s chimney. He climbed in, trying to enter the home, but got stuck and spent 5 hours in the freezing cold.

8. A man was arrested for public intoxication in Minnesota when he tried to make a phone call with a $20 bill, convinced it was his phone.

9. An intoxicated Canadian man was arrested at a Christmas parade for screaming to little kids that Santa isn’t real.

10. An intoxicated man in Minneapolis was arrested for breaking into a home and destroying a toilet, causing almost $2,000 in damage. He was charged with burglary.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

February 18, 2015

4 Bizarre DUI Stories That Will Leave You in Stitches

by Michael Kraut

Even Los Angeles DUI attorneys get a chuckle out of some of the bizarre DUI charges brought against individuals throughout the world. Sometimes the definition of “motorized vehicle” stretches even the best imagination, and other times people exhibit a complete lack of common sense.

Regardless, the stories of these crazy DUI instances live on through the internet. Here are a few of our favorites:

1. Man arrested for DUI on a horse. One inebriated individual decided to ride a horse around a strip mall while intoxicated. The man clearly exhibited signs of intoxication, but the police scratched their heads after the arrest. They knew how to handle an intoxicated man, but what do you do with his horse?

2. Russian tank crash. This case is not a DUI, per se. Russian soldiers decided to make a trip for more vodka – in a tank. During the trip, a solider steered the tank directly into a civilian house. A second crash very nearly occurred when the tank backed out of the first home. The official story from the Russian military blames mechanical malfunctioning for the accident.

3. Motorized coolers, Barbie cars, and wheelchairs. Three separate DUIs from around the world feature these “motorized vehicles.” A man riding a motorized cooler with a 50cc engine faces DUI charges in Australia. Officers pulled Paul Hutton of England over for DUI in a souped-up toy Barbie car. Another case in England featured two individuals riding a motorized wheelchair under the influence.

4. Goats at DUI checkpoints. One lady in Washington, DC, almost made it through a DUI checkpoint, until police heard noises in the trunk. When asked, Fiona Enderdy told officers about the goat in her trunk. The poor fellow was tied up in the back of the miserably hot vehicle. Enderdy escaped a DUI charge that night, but she did face charges of cruelty to animals.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

February 2, 2015

Pantsless, Belligerent Woman Arrested for DUI in Pennsylvania

by Michael Kraut

Los Angeles DUI stories often tend toward the lurid and, occasionally, the surreal.

However, recent DUI stories from the Southland have been downright pedestrian compared to this recent event out of Pennsylvania. Police arrested a woman named Justine King in Aliquippa, Pennsylvania and charged her with DUI driving, public lewdness, reckless driving, resisting arrest, and disorderly conduct.

When police responded to an accident report, they allegedly found the woman in her car in the middle of an intersection. Reports say that King had just hit another vehicle, and she was sitting in her car with the air bag still deployed. Allegedly, she was naked from the waist down and sitting on an empty liquor bottle. King later denied that she had hit another car, but police said that she would not get out of the vehicle because she wasn’t wearing pants. The police reported seeing her clothing on the floorboards of the car.

King allegedly remained belligerent as officers handcuffed her and drove her to a local hospital for a BAC (blood alcohol content) blood test. Police say the woman refused to cooperate or put on clothes, and they called for a gown to be available at the hospital. The arresting officer said that King kicked out the back window of his vehicle while he retrieved the gown.

While it is a good idea to avoid talking to a police officer more than necessary during a DUI arrest, it is never advisable to refute obvious facts or to refuse to cooperate in this kind of ridiculous manner. In California, you have the right to refuse a field sobriety test, for instance. Doing so, however, may provide probable cause for an arrest. Doing so in a preposterous, disrespectful manner can earn you additional charges and possibly more jail time.

You cannot avoid taking a blood test to determine your BAC level after you have been arrested. Refusing a test before an arrest may lead to the automatic suspension of your driver’s license. However, depending on what happened, you may be able to challenge the legality of the DUI stop or arrest.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

January 30, 2015

Texas Man Allegedly Had Blood Forcibly Drawn without Consent After DUI Arrest

by Michael Kraut

Los Angeles DUI laws are very particular about what can and cannot be used as evidence during a DUI case. The following Texas case depicts what can happen if police officers don’t follow appropriate protocol.

According to news reports, in early January, an allegedly DUI driver, Joel Garcia, slammed into another car after speeding through a red light. The crash killed three people. Garcia’s own injuries were severe enough to warrant pain medication. Police had been afraid that the medications would lead to a false positive for DUI on his blood test, so they withdrew blood without his consent.

Garcia’s lawyer later protested that forcible removal of blood violated his rights. Texas, alongside many other states, allows police officers to engage in certain probing investigative activities without needing warrants following grievous injury or death. Due to Garcia’s alleged actions, three people were dead. The police believed that the seriousness of the situation allowed them to exercise their right to remove his blood for testing.

The U.S. Supreme Court has previously ruled that pressing or exigent circumstances do not provide officers with a reason to forego consent, except under some circumstances. In every case, this “exigency” must be carefully reviewed and validated by the court.

The DUI was not Garcia’s first offense. Police arrested him for another DUI earlier in the year. On the night of the fatal crash, he allegedly had several beers and three shots of spirits before getting in his car.

This case is important for two reasons.

1. Every state law is different. Had Garcia been driving in a different state, he might have had grounds to sue the police department for obtaining his blood without his consent.

2. The attention of an experienced Los Angeles DUI lawyer can be critical.

Designing and executing an effective defense against DUI charges (even simple ones) is not intuitive. Fortunately, you can trust the seasoned, highly successful Michael Kraut. Call a DUI lawyer in Los Angeles with nearly two decades of experience.

January 28, 2015

Texas Man Gets Pulled Over for 8th DUI: Los Angeles DUI Lawyers React

by Michael Kraut

In Los Angeles, DUI offenses can be punished by a few hours in prison or many years – the harshness of the sentencing depends on many factors, such as the nature of the alleged offense, the amount of damage done to people and property, and the history of the alleged DUI driver.

First non-injury offenses, usually involve minor punishments, like a driver’s license suspension, DUI awareness classes, and probation; whereas repeat DUI convictions can lead to a dramatic escalation in penalties.

A shocking case from Texas illustrates what can happen to super-recidivist DUI offenders. Police recently arrested Harold Moore, a successful janitorial service owner, for his 8th lifetime DUI. Moore had just been released from a four year prison sentence for his 7th DUI.

While in prison, Moore had enrolled in multiple alcohol treatment programs. Authorities released him from prison, pursuant to his participation in a decade long probation period. His prior DUI convictions allowed the presiding judge discretion in determining further sentencing requirements. Moore’s defense attorney stated that his seventh sentencing was mild and “truly a gift.”

Since Moore had been on probation, any BAC conviction would constitute a breach of his punishment. Moore’s BAC was allegedly 0.27%, more than 3 times the legal limit here in L.A. (and in Texas). Moore now might be looking at 20+ years in prison. The prosecution is attempting to add another 10 years for his breaching probation.

Moore’s case may be an extreme example, but repeat DUI offenses need to be aware that courts typically impose harsher penalties and begin adding jail time for every additional DUI offense.

Another important point to remember is that an out of state DUI conviction can still count toward your overall “total.”

In California, after three or more DUI convictions in a 10 year period — or if your DUI causes harm or death — you will likely face felony charges. at should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.