Driving Under the Influence of Alcohol

January 7, 2015

Actress Jennifer Lopez Survives a Scary Collision with DUI Driver in Malibu – Driver Faces Charges

This blog spills plenty of virtual ink about celebrities arrested for Los Angeles DUI. But celebrities can be victims in DUI crashes as well.

Consider, for instance, the harrowing recent ordeal of Jennifer Lopez, who survived a collision with an allegedly DUI driver in Malibu in September… with her children in the vehicle.

Prosecutors just charged 53-year-old Robert John Reitz, a Las Vegas man, with slamming her Rolls Royce from behind with his pick-up truck at a stoplight. Prosecutors hit him with a variety of counts, including driving nearly two times the limit for DUI in California (0.08% BAC, as defined by California Vehicle Code Section 23152). A conviction could lead to a $1,000 fine as well as six months behind bars. Lopez was not driving the Rolls Royce at the time; Leah Remini, another actress, was behind the wheel.

Although the crash occurred back in September, it took over three months before Reitz’s arraignment.

Lopez’s situation highlights an important aspect of DUI cases that’s rarely discussed, and that’s that DUI cases can take a long time to play out in the courts. That waiting can feel interminable for defendants (and their families).

Especially if you stand accused of complex charges that involve significant property damage or accusations that you hurt another person, your legal “fireworks” could last for months if not longer. Fortunately, you don’t have to go through this alone. To prepare effectively and strategically, call a qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers today to get insight into your potential options. In addition to having served as a prosecutor of DUI crimes for nearly a decade and a half, Mr. Kraut maintains excellent relationships with diverse stakeholders in the Los Angeles DUI discussion, including prosecutors, judges and police officers.

December 29, 2014

New Year’s Eve Is One of the Most Dangerous Days for DUI Crashes

by Michael Kraut

New Year’s Eve witnesses more than its fair share of Los Angeles DUI arrests.

Between 2002 and 2008, at least 140 people were killed in DUI crashes on New Year’s Eve and New Year’s Day. In fact, 42% of traffic-related deaths during New Year’s Eve and New Year’s Day are consistently related to DUIs. This statistic includes intoxicated pedestrians who inadvertently walk in front of cars.

Russ Rader of the Institute for Highway Safety cited New Year’s as “the worst day for impaired drivers” in a recent article. In fact, half of fatal New Year’s crashes involve a driver who is DUI. Statistics have only increased since this article was written in 2011, with one person killed every half hour due to DUI and one person injured every minute. These statistics also tend to skyrocket after midnight on New Year’s Eve and New Year’s Day, when people are likely traveling home from celebrations.

In recent years, Mothers Against Drunk Driving (MADD) found that, out of the 300,000 people who receive DUI charges every day including New Year’s, 4,000 or fewer wind up arrested. MADD also reports that over half of high school sophomores admit to drinking alcohol. Thus, parents should be particularly vigilant about their teens’ consumption during the holiday season.

To avoid DUI fatalities and harsh sentencing, people should limit their alcohol consumption over the holidays. A good rule might be one drink per party, or perhaps two if glasses are less than standard size. Sober drivers should always be designated before parties, and everyone should have the number of a cab company (or Uber app) saved in his or her cell phone.

Teenagers should not drink at all during the holiday season or otherwise. If a teen suspects that party drinks have been spiked, he or she should seek help from an adult chaperone. Teens should never leave their drinks unattended. They should also educate themselves on the signs and symptoms of alcohol poisoning and call 911 if they suspect poisoning has occurred.

What 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.

December 15, 2014

Celebrity DUI: Le’Von Bell Accepts Plea Deal for DUI With Marijuana

by Michael Kraut

Los Angeles DUI drug arrests may become increasingly common over the next few years, as an increasing number of Californians turn to legal medicinal marijuana for treatment.

In August 2014, Pittsburgh Steelers running back Le’Von Bell was arrested on charges of DUI and marijuana possession. According to Pittsburgh’s Channel 11 News, Bell will participate in a program for first-time offenders and will face a two-game suspension sometime within 2014 or 2015. A two-game suspension is “standard punishment” for NFL players convicted in a DUI case.

With 1,689 yards from scrimmage and five touchdowns, Le’Von Bell has been one of the Steelers’ best players this season. However, as many celebrities find out, fame and status will not grant Bell complete immunity from his charges. He will be on probation for fifteen months.

Driving under the influence of marijuana can be equally as dangerous as driving under the influence of alcohol, but differences exist in how such a charge is handled. The Los Angeles DUI attorneys at the Kraut Criminal & DUI Lawyers want readers to be aware of the following differences:

• There is no “sobriety test” for marijuana. Often, officers have to rely on questions such as, “Let me look at your eyes.” They then have to ask the driver if he or she is willing to perform a voluntary field sobriety test, and many drivers refuse.

• Marijuana levels cannot be measured the way alcohol levels can. A breath test will not prove specific levels of marijuana in one’s system.

• There is not a “comparable offense” to driving with a blood alcohol level (BAC) of .08 or greater related to marijuana and other drugs.

• Many DUI cases involving marijuana and other drugs, but not alcohol, are based at least partially on the arresting officer’s opinion.

• Marijuana usage can often only be proven through blood or urine samples, which must be processed through a lab.

With states such as Colorado and Washington legalizing marijuana, many Los Angeles residents wonder whether California will be next, and if so, what that could mean for future cases like Le’Von Bell’s. Since many people also use marijuana for medicinal purposes, there is a distinct possibility that potential marijuana DUI cases could be thrown out, because they don’t fit the “DUI per se” definition or because of medical personnel testimony.

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.

December 1, 2014

Jionni LaValle, Husband of Jersey Shore’s Snooki, Arrested for DUI

by Michael Kraut

Getting arrested for driving under the influence in Los Angeles – especially if you are a celebrity – can lead to horrendous brand management problems as well as legal issues like potential jail time, forced probation, and mandatory fines and fees… not to mention indirect hassles like hikes in insurance rates and driver’s license suspension.

It can also lead to a cascade of internet traffic.

For instance, Jionni LaValle, the 27-year-old husband of Jersey Shore’s “Snooki” (a.k.a. Nicole Polizzi) found himself in handcuffs a few months ago after police pulled him over on his honeymoon on Interstate 80. Authorities hit him with multiple charges, including careless driving, unsafe lane changes and DUI.

Last week, LaValle pled guilty into Totowa Municipal Court to DUI (he managed to get the other two charges dismissed). His sentence includes a three month driver’s license suspension, a $614 fine, and mandatory DUI education classes.

LaValle and Polizzi are parents to two young children – a two-year-old boy, Lorenzo and a two-month-old girl, Giovanna.

Snooki has had her own issues with the law. Four year ago – before she became a mom – police arrested her on the (actual) Jersey Shore for creating a public nuisance.

Whether you are a celebrity facing a complex and potentially highly embarrassing series of charges or an “ordinary citizen” who believes that police wrongfully pulled you over, you may need the help of an experienced Los Angeles DUI attorney to understand your charges and figure out what to do about them. Contact attorney Michael Kraut with the Kraut Criminal & DUI Lawyers today for the effective insight you need to make forward progress.

November 26, 2014

Reassessing Your Driving Behaviors After Your Los Angeles DUI Arrest

by Michael Kraut

In the wake of a recent Los Angeles DUI accident or arrest, you have been reflecting a lot on how to be a better driver and just become more generally conscientious and mindful in your life.

You recognize (wisely) that poor driving habits can affect you not just in acute terms but also over the long term. There is a reason why insurance adjusters and officials at places like the National Highway Traffic & Safety Administration (NHTSA) measure the risks of DUI driving in terms of hundreds of millions of miles.

For instance, if you drive averagely, you can expect to die one time for every 100 million miles you travel – roughly the distance from the Earth to the sun. Fortunately, most drivers do not drive anywhere close to that amount of miles, so the risk of dying from a car crash is obviously less than 100%. But the point is that if you can engage in better driving habits, you can reduce your lifetime risk for accidents and injuries. Here are some ideas about how to slash your odds of future arrests, crashes and mayhem:

• Keep the radio at a very moderate to low volume. High volume radio can cause distractions and prevent you from hearing critical signals from the road;

• Never ever talk or text or even chat on a mobile device when you are behind the wheel. Even using a hands free headset can be a major distraction, because it mentally forces you to be “someplace else” and not behind the wheel. Consider swearing off using a cellphone in any capacity behind the wheel.

• Avoid driving while fatigued, angry or in an emotional “state.” Research from Australia shows that fatigue can be just as dangerous as driving under the influence if you are tired enough. Likewise, driving while angry or depressed or otherwise in a bad emotional way can increase the likelihood that you will get into a crash, because your head is not fully “in the game.”

• Talk to a Los Angeles DUI defense lawyer not only about how to construct an appropriate response to your current problem but also about how to develop the tools and habits you need to be safer going forward.

Michael Kraut of the Kraut Criminal & DUI Lawyers has seen all sorts of cases over the past nearly 20 years, as both a prosecutor and a defense lawyer. He would be happy to talk with you in-depth and in confidence about your case. Call now to schedule a consultation to get his strategic insight to move forward.

November 21, 2014

The Most Dangerous and Deadly Day for Los Angeles DUIs is Approaching…

by Michael Kraut

We’ve actually touched on this issue before in previous posts, but even if you are a regular reader, you might have forgotten. What is the most dangerous day for Los Angeles DUI in the calendar year? Common (but wrong) guesses might include:

•   New Year’s Eve;
•   Super Bowl Sunday;
•   Fourth of July;
•   Memorial Day Weekend;
•   Labor Day Weekend;
•   Christmas Eve;
•   Halloween;
•   St. Patrick’s Day.

All these days actually do witness an above average rate of DUI driving, and you need to take special precautions during those holidays, whether you are driving or walking around as a pedestrian. But there is one day that’s actually substantially more dangerous – and that day is the day before Thanksgiving.

That might strike many people as strange.

Why would the day before Thanksgiving be a time for DUI driving? The answer probably has to do with the behavior of college kids who are returning home from college to their families for the Thanksgiving holiday. For college students who have left home to go to college, Thanksgiving break is often the first time that they get reunited with their high school friends. And even though young people cannot legally consume alcohol until they are 21-years-old, many people who go off to college find ways around these restrictions and end up experimenting substantially with alcohol during their first 2.5 months of college. So when they come home, they may be still in a giddy experimental stage with alcohol. These young college students come home to meet up with their friends who are also experimenting. Thus, things can get a little haywire. Some statistics suggest that the spike in DUI rates over Thanksgiving can be at least partly attributed to this kind of “college student effect,” although more research is needed to determine the real truth.

So why would the night before Thanksgiving be more dangerous than Thanksgiving itself?

The answer again comes back to patterns of behavior. On Thanksgiving, most people stay in with their families and eat and watch football and talk. In other words, there is not a lot of mobility. So even if people might be consuming lot of alcohol on Thanksgiving, they are staying in. On the night before Thanksgiving, however, many people who have already returned home for the holidays, but they are not necessarily hanging out with their families. Hence, we see this spike in DUI accidents on the day before the holiday.

So what can you do if you or someone you love got arrested for DUI driving during the Thanksgiving holiday?

Your first step should be to contact a reputable Los Angeles DUI defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut has an extensive track record of success as both a prosecutor and a defense attorney; he previously served as a Deputy District Attorney for Los Angeles for nearly 15 years. He and his team can provide critical guidance you need to make your decisions. Call today for a free consultation.

November 18, 2014

Los Angeles DUI Lessons from Johnny Depp’s Bizarre Speech at The Hollywood Film Awards

by Michael Kraut

Perhaps police stopped you and arrested you for Los Angeles DUI last weekend, so you haven’t had a chance to contemplate the latest Hollywood tabloid stories. Or maybe you suffered an injury in a DUI crash but nevertheless still learned about actor Johnny Depp’s awkward (and possibly alcohol fueled) speech at the Hollywood Film Awards.

The world famous actor — known for iconic roles like Edward Scissorhands, Jack Sparrow, and Willy Wonka from Willy Wonka and the Chocolate Factory — has always been known for his eccentricities. But in his speech at the HFA, he left even his fans and admirers scratching their heads. We’re going to take a closer look at what happened with Depp (or what allegedly happened) and use that as a jumping off point to discuss an often poorly understood ramification of Los Angeles DUI law.

Depp had been invited to introduce an award for a veteran record producer, but he could not get through his prepared speech without mumbling, stuttering, starting and stopping, and even cursing a few times for good measure. About 75 seconds into the speech, the network cut him off and went to commercial. Whether Depp had consumed alcohol or drugs or had gotten sick is anyone’s guess. However, the takeaway that we want to emphasize is that even famous, wealthy, articulate and smart people can often find themselves suddenly in deep trouble as a result of a single night’s alcohol or drug fueled mistake.

Depp’s public gaffe obviously will not have legal ramifications, since he didn’t hurt anybody, although it could slightly injure his brand with the public. But a driver who has one too many drinks and then gets behind the wheel and hurts someone can suddenly face an onslaught of unexpected and unwelcomed challenges, ranging from potential driver’s license suspension to mandatory jail time to forced alcohol education classes and so on.

To put the puzzle pieces of your case together, call an experienced and highly qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers. Michael Kraut is widely respected as a DUI news commentator, and he has been quoted by the New York Times, the Los Angeles Times, Good Morning America, and other respected media sources for his opinion about DUI matters.

November 10, 2014

After the Passage of Proposition 47… What Next for Los Angeles DUI Offenders?

by Michael Kraut

Last week, voters ratified Proposition 47, which will likely have profound, if still not very well understood, ramifications for criminal defense trials in the Golden State for years to come.

How, specifically, might this new proposition impact your Los Angeles DUI defense options?

The answer obviously depends intimately on the details of your arrest as well as your criminal history. The purpose of the law, basically, was to partially decriminalize certain nonviolent offenses, like drug possession crimes. Supporters of the proposition hoped to restore a level of racial equality to California law. Advocates of the proposition argued that draconian drug possession laws punished African-Americans and Latinos in a lopsided fashion. They also said that our state’s harsh drug laws had contributed to prison overcrowding as well as to a deterioration of certain communities and neighborhoods.

Prosecutors, judges and defense attorneys alike will soon be puzzling over — and arguing over — how this new proposition will change the course of business in the world of criminal defense.

Defendants who have questions and concerns about their rights should get in touch with an experienced Los Angeles DUI criminal defense attorney with the Kraut Criminal & DUI Lawyers ASAP to explore their options. Whether someone you know or love has been imprisoned for DUI or for a nonviolent drug offense; or whether police recently arrested you — and you’re trying to figure out how to preserve your freedom and understand your legal options — call a former prosecutor with a rock-solid record (99+% success rate jury trials as a prosecutor) and excellent connections in the Los Angeles legal defense community.

November 5, 2014

Ted Vick, Legislator from South Carolina, Beats His DUI Charge

by Michael Kraut

When someone – a politician, actor, or ordinary Joe – beats a Los Angeles DUI charge “on a technicality,” the peanut gallery often groans.

After all, we have come to associate the term “technicality” with a lack of justice being served. A TV movie villain, for instance, might escape a just prison sentence because his lawyer “gets him off on a technicality.”

But technicalities exist in our legal code for a reason: we need our laws to be fair, systematic, and balanced, so that they can adequately protect the population and also ensure the rights of suspects in criminal cases.

With that prelude, let’s take a look at a peculiar story about South Carolina State Representative, Ted Vick, who just successfully beat back a 2013 DUI charge. (Vick still faces other charges stemming from a 2012 arrest on weapons possession charges and DUI.)

According to news reports, Vick had consumed wine at a local restaurant in May 2013. On his way to the car, an officer allegedly saw Vick struggle to get a pebble out of his shoe. This alerted the officer’s suspensions, and he followed victim to garage, where he said the state rep drove over a traffic cone. The officer stopped Vick and arrested him after a struggle.

During the trial, before prosecutors could show the tape of the struggle, Vick’s attorney asked the court to dismiss the case, because the video camera did not show the officer reading Vick his Miranda rights. The court agreed and dismissed Vick’s charges.

The news reported this story as an “escape by technicality” situation, but the Miranda rights are crucial. They exist to prevent people from self-incriminating; we need to protect and preserve them.

If someone you love stands accused of a similar crime, an experienced Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers can help you understand what your charges mean and respond effectively and strategically to them.

Call a former prosecutor today to schedule a consultation about your defense.

November 3, 2014

Getting Stopped for Los Angeles DUI with a Single Open Container Is Bad News. What About 42 Open Containers of Vodka?

by Michael Kraut

As someone who recently had the unpleasant experience of getting arrested and handcuffed for charges of driving under the influence in Los Angeles, you vividly recall the feelings of fear, frustration and hopelessness that accompanied your stop/accident and subsequent jailing.

Yet you also know that the situation could have been worst. For instance, hopefully you did not seriously injure or kill someone while DUI. And at the very least, you personally survived the incident – not necessarily a given, particularly if you had been seriously impaired.

Even if police found an open container (or two or three) in your vehicle, you have nothing on 26 year old James M. Woodward, a Massachusetts man stopped last Sunday afternoon on Route 24 in Freetown, MA for “moving vehicle violations.”

Massachusetts State Police say they found not just one or two but 42 (!!) nips of open vodka in Woodward’s truck; they arrested him and hit him with multiple charges, including lane violations, negligently driving a motor vehicle, driving DUI, and, of course, having open containers of alcohol in his vehicle.

Driving DUI under any circumstances can be devastating, even if you didn’t violate multiple laws or engage in dubious or reckless behavior after your stop. Even if this is your first time, you can still face a panoply of charges, such as:

•   Driver’s license suspension
•   Forced alcohol school
•   Probation
•   Fines and fees
•   Legal costs
•   Spike in your insurance rates
•   Job loss
•   Mandatory installation of interlock ignition device (IID) in your car
•   Enhanced punishments if you hurt someone

Of course, all is not lost. You may be able to get the charges dismissed entirely or plead them to down to lesser charges, such as wet reckless. Call a Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers right now to set up a time to speak with attorney Michael Kraut about what you can do to defend your interests, protect your rights, and minimize the punishments and other negative repercussions in your life.