Driving Under the Influence of Alcohol

October 31, 2014

How to Avoid Getting a Los Angeles DUI over Halloween

Intuitively, you might suspect that the numbers of Los Angeles DUI arrests spike during Halloween, simply because so many people take time off of work, drink spiked cider, and engage in goofy costume parties and parades. But while Los Angeles is home to some wild Halloween traditions, including the West Hollywood parade and spooky movies at Hollywood Cemetery, fortunately, the denizens of our city often drive rather soberly on this holiday… at least when you compare Halloween DUI statistics with stats from much more dangerous holidays, like Super Bowl Sunday, Labor Day, New Year’s Eve, Thanksgiving and The Day Before Thanksgiving.

Maybe it’s the fact that everybody knows that kids will be wandering in the streets wearing dark, unwieldy costumes that makes drivers act with more caution. Whatever the case, you want to avoid winding up arrested and in dire need of the services of a Los Angeles DUI defense attorney, like Michael Kraut of Kraut Criminal & DUI Lawyers. Here are some tips:

1. Plan your evening.

Be spontaneous, but don’t be so spontaneous that you put your life and the lives of other people at risk.

2. Don’t hang around (or heaven forbid get in the car with) people doing dumb things.

Halloween is a time of surprises, but you want those surprises to be ideally to be non-lethal ones. If you meet strange people at a party or at the Santa Monica parade, and you want to hang out and grab a burger with them afterwards, fine. Just avoid getting unduly influenced by potentially dangerous or unstable folks you meet trick or treating.

3. Learn from your mistakes.

How did Halloween go for you last year? Have you ever almost gotten in trouble while driving or almost gotten arrested for DUI? Consider your habits and your track record, and continuously develop plans to avoid getting into trouble again in the same ways. Know thyself.

If you or someone you love does ultimately need help with a Halloween-related Los Angeles DUI charge, contact attorney Michael Kraut of the Kraut Criminal & DUI Lawyers for an immediate, judgment free, through and confidential consultation. Mr. Kraut is a former Deputy District Attorney – a high-level prosecutor – who understands what it takes to build winning defense cases.

October 24, 2014

Is It Okay That a Bus Driver with Two DUIs Was Allowed to Drive a School Bus Full of Kids?

by Michael Kraut

Obviously, we are of the opinion that the crime of driving under the influence in Los Angeles is a complex issue and that many people who stand accused of this charge need compassion and insight as opposed to punishment and neglect.

However, we also deeply believe in protecting our community and making sure that the roads are safe for everyone. The whole point of what we aim to do (and also what police officers and prosecutors aim to do) is to make our city safe and livable.

To wit, the arrest of 59-year-old Robert E. Murphy of Ashland, Massachusetts raises profound questions about how and when convicted DUI drivers should be allowed to engage in certain types of commercial driving activity.

Mr. Murphy was a school bus driver who had been convicted twice of DUI. Police just arrested him yet again for allegedly driving DUI with a bus full of high school age cross-country athletes. According to local reports from the Boston Herald, police arrested him Saturday evening in the parking lot of a local high school after a coach alerted authorities. Police put Murphy through a series of field sobriety tests and arrested him on charges of operating a motor vehicle to endanger and a third DUI offense.

Obviously, Murphy’s story is less dramatic than the tale we covered a few weeks ago about the Utah bus driver who allegedly drove DUI for nearly 40 miles on the freeway, weaving around the road, while carrying elementary school kids.

In both Murphy’s case and the case of the Utah bus driver, no kids suffered injuries, fortunately.

Murphy’s arrest raises questions about how and when convicted DUI drivers should be allowed to engage in commercial driving again. Imagine you’re a truck driver or a bus driver who has no job skills other than your commercial driving ability. What if you lose your driving privileges because of the DUI? How would you earn a living? If you got your driving privileges back, how could you ensure that you won’t make similarly dangerous decisions again?

These and other questions can keep you up at night. Fortunately, you don’t have to ponder them all alone. The team here at the Kraut Criminal & DUI Lawyers can help you establish an effective plan to deal with your charges and rebuild your life. Call a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers right now to schedule a consultation with an ex-prosecutor about your strategy.

October 15, 2014

Pro Tip: If You Get Arrested for Los Angeles DUI, Don’t Tell Police That You Are “Going To Do It Again”

by Michael Kraut

To defend against a Los Angeles DUI charge effectively — particularly if you actually committed a crime — you want to express remorse at the appropriate time. You need to show that you understand that what you did was dangerous and could have resulted in severe injuries or even the loss of life.

What you DON’T want to do is to brag that you are “going to do it again,” like Willissa Harris allegedly told police in Tulsa, after she smashed into a cable barrier on a local freeway, Highway 75. According to local media, after Harris hit the barrier, police helped her out of her vehicle and observed that she had red, bloodshot, glassy eyes and slurred speech – classic signs of DUI.

Per reports, Harris had been arrested twice prior for DUI, and she decided to chat with the police about her background on the way to the station. They recorded her apparently self-incriminating statements: she told police that she enjoyed “doing this” [causing the DUI wreck] and that she intended to “do it again.” Police took her to the Tulsa County Jail for processing.

Obviously, it’s no secret that people do and say very dumb things after being stopped for DUI – we’ve come back to this theme again and again on this blog. But there are limits to how and when you can self-incriminate. For instance, let’s say the police fail to read your Miranda Rights — these include the caveat that “anything you say or do can be held against you in the court of law.” If so, you can fight back against the charges by making the argument that the court shouldn’t consider any self-incriminating statements that you made because police didn’t remind you of your rights before you said them.

The court will assess your complete history, including both admissible statements that you have made and your actions. In Harris’s case, the fact that she has two DUIs under her belt will probably matter more than the fact that she boasted under duress that she was “going to do it again.”

If you or someone you love needs to defend effectively against a similarly complex suite of charges, please call an experienced Los Angeles DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers immediately to schedule a free consultation with highly respected former prosecutor Michael Kraut

October 6, 2014

Not a Good Idea After a Los Angeles DUI Arrest: Having Sex in the Cop Car While Being Driven to Jail

by Michael Kraut

Imagine in your mind the worst things you could do after being arrested for driving under the influence in Los Angeles.

You could, for instance, assault the police officer, make self incriminating comments after hearing your Miranda’s Rights, or commit sundry other crimes, offenses and misjudgments. But it is pretty hard to top what a 33-year old man and 29-year old woman from Oconto County, Wisconsin allegedly did last week.

Heather Basten and Travis Husnik allegedly started having sexual intercourse in the back of a police car while being driven to jail after a DUI stop and arrest. County Circuit Court Judge Riley later wryly noted: “what do I sentence a guy who had sex in a squad car to?” The judge later charged Husnik and Basten with lewd and lascivious behavior and disorderly conduct. The arresting officer apparently forced Husnik to get out of the backseat and sit in the front seat next to him, so he and Basten wouldn’t paw at each other during the ride.

Unfortunately, as we’ve discussed again and again and again on this blog, people arrested for driving under the influence often do silly or dumb things after the fact that create extra hassles and legal complications for themselves. In more serious cases, for instance, a DUI driver might leave the scene of an injury accident and wind up with a felony hit and run charges to go hand in hand with a felony DUI injury charge.

So what can you do to manage your crisis?

First: call an experienced and qualified Los Angeles DUI criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a widely respected former prosecutor who maintains excellent relationships with his former prosecutorial colleagues as well as with police officers and judges in Los Angeles. Please contact him today for a free consultation.

October 2, 2014

What Should You Do After Your Fourth Los Angeles DUI Arrest? [Hint: Don’t “Moon” the Police]

by Michael Kraut

One of the consistent themes we’ve discussed on this Los Angeles DUI defense blog is the tragic observation that drivers often make their legal situations far, far worse after getting stopped for DUI. We’ve covered stories about drivers who have attacked police, driven off in a panicked rage from a stop, and even charged through DUI checkpoints.

Unfortunately, one “bad night” can lead to a series of criminal charges, which can land you in jail for many months or even years, depending on what you did, whom you hurt, and whether you have a criminal record. To wit, consider the case of 49-year old Michele Ann Rivera of Coral Springs, Florida. Per a local paper, she and her husband, Stancel Ganus Kinsley, 68, had been driving home from Kinsley’s birthday in the early afternoon on Sunday, when some kind of “road rage” incident broke out. One motorist called the police and reported that Rivera had been winding all over the road on North University Drive in her Toyota 4Runner.

Allegedly, the 49-year-old got out from the driver seat and screamed at a driver for tailgating her. Meanwhile, Kinsley took the driver seat. Police alerted by the ruckus determined that both Kinsley and Rivera had symptoms of DUI, including bloodshot eyes, slurred speech and a distinct smell of alcohol. Authorities also allegedly found an open bottle of Vodka in her purse. Police put her through the paces of field sobriety tests, which she allegedly couldn’t complete. Police then arrested both her and Kinsley for DUI, at which time she apparently became abrasive and loud and mooned a police officer, yelling “this is the best you will ever have.”

In Los Angeles, if you are arrested more than three times in a 10-year period for driving under the influence, authorities can charge you with a felony, even if you committed what would ordinarily only be a misdemeanor DUI. To protect your rights and make smart strategic choices about your Los Angeles DUI defense, contact a lawyer with the Kraut Criminal & DUI Lawyers immediately to schedule a free and confidential consultation.

September 29, 2014

Complex DUI Crash in Santa Ana Injures Motorist, Kills Motorcyclist

by Michael Kraut

When it comes to Los Angeles DUI crashes, authorities often implicate drivers who test to have illegal blood alcohol levels after a collision. However, authorities sometimes struggle to determine fault in cases involving multiple variables.

A September 21 accident in Santa Ana provides an example of how DUI crashes can occur due to other factors besides a driver’s alcohol-related impairment. The incident – a combination of two crashes – left a motorcyclist dead and another driver injured.

The series of crashes began when a motorcyclist collided with the back of a car on southbound 55. After veering off the freeway and striking a chain-link fence, the motorcyclist flew from his vehicle, landing on adjacent Ritchey Street.

As a good Samaritan approached the motorcyclist, Jesus Mendoza Hernandez struck both individuals, severely injuring the Samaritan and killing the motorcyclist. Hernandez now faces DUI driving charges; whether authorities will charge him with DUI manslaughter or DUI murder remains unclear.

Factors that Can Complicate DUI Accidents

The tragic accidents in Santa Ana highlight how aggravating circumstances can complicate a DUI accident. Considerations making it more difficult to assign responsibility include:

• Multiple drivers. The more vehicles collide in an accident, the more complicated questions of liability become.

• Two DUI drivers. Although uncommon, when both drivers involved in a collision are over the legal limit, the case can lead to surprising complexities.

• Unusual intersections. Intersections with confusing traffic patterns – or those lacking adequate lighting or signage – often increase the likelihood of accidents, DUI or not.

Even when your Los Angeles DUI case involves one or more of the above complexities, simply having a blood alcohol level above the legal limit places extra responsibility on your shoulders. An experienced defense attorney with an understanding of California DUI laws can analyze the circumstances of your case to determine how to help you form a defense. Contact the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

September 22, 2014

DUI Arrest for Woman with 7 Children in Car: Irresponsible Mom of the Year?

by Michael Kraut

Driving DUI in Los Angeles is a dangerous and scary act, always. It puts everyone on the road at considerable risk. When you get behind the wheel after drinking, you assume responsibility for what happens to other drivers, as well as to your passengers. In light of that, consider the case of an Ohio woman recently arrested for driving DUI with seven young children in her SUV.

That’s right: SEVEN children.

Not exactly an ideal situation.

September 17, 2014

How DUI Convictions Differ for Underage Drivers: Lessons from the Arrest of 18 Year Old, Hope Brown

by Michael Kraut

A Los Angeles DUI conviction can result in severe penalties to drivers over 21. However, individuals who are under the legal drinking age can face even greater legal, social and emotional consequences for driving under the influence.

A Woodridge, IL teenager is learning this lesson the hard way.

On September 14, police arrested eighteen-year-old Hope Brown after an alleged DUI-related “joy ride” resulted in property damage. The young woman apparently lost control of her Mustang while driving south in a residential area. Per news reports, after she struck multiple parked cars, Brown veered into a front yard, where she hit a vehicle in the driveway before colliding with the house itself. The impact further damaged another car in the garage.

Brown fortunately sustained only minor injuries during the accident, but she did require medical treatment. Authorities released her after she posted bail, and she will appear in court on October 21.

What Happens When Underage Drivers Get Arrested for DUI?

In many states (including California), individuals under the legal drinking age face a distinct legal process after a DUI arrest. This process differs from the process that a driver over 21 must face in several important ways:

• Automatic license suspension. Any underage DUI conviction comes with a license suspension of one year. If you don’t already have a license, you will be unable to receive one for an additional year.

• Zero tolerance. Drivers of legal drinking age must stay within the BAC threshold of 0.08%, but those under 21 can face serious penalties even for testing at a very low blood alcohol level — just 0.01% or higher.

• Additional penalties. Besides the required civil repercussions, underage drivers with 0.08% or higher blood alcohol levels are also subject to the state’s regular DUI consequences, such as jail time, fines, probation, and alcohol classes.

If you are under 21 and you face DUI charges — or if you’re a concerned parent or friend of a minor accused of underage DUI — call Los Angeles DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Attorney Kraut can work with you to craft a strong, strategic defense to protect your freedom, your license and your rights. Contact us today to set up a consultation.

September 15, 2014

New Chilean DUI Laws: Big Ramifications for DUI Driving Laws in the U.S.?

by Michael Kraut

Adhering to Los Angeles DUI laws can keep you and other drivers safe and preserve your freedom. But these laws are always in flux. Authorities are constantly seeking stronger enforcement capabilities to thwart DUI driving and punish offenders. This is true here at home and abroad.

For instance, legislators in Chile just radically revised how that country handles and punishes DUI driving. The new law, which Chilean President Michelle Bachelet signed on September 15, decrees that any DUI driver who causes the severe injury or death of another individual must spend at least one year in prison.

Named for a 9-month-old girl who died in a DUI driving accident in 2013, “Emilia’s Law” expands upon established sentencing guidelines. Previously, DUIs involving death or injury in Chile carried a 5-year to lifelong license suspension, but no prison time.

“Emilia’s Law” also defines two additional infractions, including professional drivers caught drinking and individuals fleeing accident scenes or refusing breathalyzer tests. Given that 20 percent of fatal car accidents in Chile have been tied in some way to alcohol use, the President hopes to reduce the devastating impacts of such incidents.

In Los Angeles, most drivers understand that drinking and then driving is unacceptable behavior. However, not everyone realizes how severe the penalties can be. Here are DUI concepts all drivers should understand and internalize:

• Sentencing guidelines. From six months for a first offense to several years for DUI manslaughter or homicide, a conviction can mean significant time behind bars.

• Substance use. Alcohol isn’t the only drug that can lead to a DUI conviction. Did you know that California authorities check drivers stopped for DUI for illicit drug use (and for the use of some prescription drugs) via blood tests?

• DUI checkpoints. In the state of California, law enforcement uses DUI checkpoints to randomly examine drivers for signs of impairment.

• Underage restrictions. Those under 21 with any amount of alcohol in their blood will face penalties.

The best way to avoid the increasingly severe penalties of a DUI is not to drive while DUI. However, people make mistakes. Whether you believe police wrongfully stopped you at a checkpoint, or you got into a crash while allegedly under the influence of drug or alcohol, call a qualified Los Angeles DUI attorney at the Kraut Criminal & DUI Lawyers to schedule a free and confidential consultation.

September 8, 2014

What’s the Appropriate Punishment for 5 Los Angeles DUI Convictions in Less Than a Year?

by Michael Kraut

If you’ve received a Los Angeles DUI, take note of the following cautionary tale. Even though it took place thousands of miles away, it contains important lessons for defendants and their familes.

In 2011, a driver named Joseph Lawless, who had been stopped for DUI driving four times prior in less than a year, was discovered passed out in his car with a dangerously high BAC of 0.30. Nevertheless, Lawless was allowed to maintain his job without spending more than 90 days total in prison for all five offenses.

In Pennsylvania, DUI laws have been getting tougher and tougher. Regardless, repeat offenders continue to drive, despite the fact that this practice is illegal and risky for everyone. The reason for this is Pennsylvania’s quirky and little-known DUI law, which requires a conviction prior to pulling someone’s license. As a result, Lawless slid by, pleading guilty for being a first time offender all five times.

In California, a driver who fails a sobriety test will have to contend with a license suspension. Not necessarily so in Pennsylvania! That state will soon hold legislative hearings to strengthen existing DUI laws. PA resident Patrick Crowley, whose son was killed in 2013 by a drunk driver with several convictions, believes “more people will die needlessly” without changes to the law.

What to Do in LA

If you were stopped in Los Angeles, odds are you were stopped for a traffic violation, such as weaving in and out of lanes, speeding, or running a traffic light or stop sign. An officer who notices symptoms like watery eyes, smell of alcohol on the breath, or slurred speech might conduct a field sobriety test. If you fail the test, the officer can arrest you.

If you’ve been arrested, you may face an array of scary charges, including license suspension. If this has happened to you, don’t try to represent yourself. Ensure fair and accurate results by hiring an experienced and qualified Los Angeles DUI attorney like Mr. Michael Kraut.
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