Driving Under the Influence

February 16, 2015

Fatal Pileup Involving Bruce Jenner Features Two Suspended Licenses, But No Los Angeles DUI Charges

The Los Angeles DUI community and others initially thought the recent horrendous Bruce Jenner crash might have involved alcohol. The investigation into the fatal accident continues to unfold, providing more details into the sequence of events.

The accident unfolded when Bruce Jenner, 69 year-old Olympic medalist and part of the Kardashian family, allegedly rear-ended two vehicles in his Cadillac Escalade. New evidence based on video captured from a bus camera recently emerged indicates that Jenner first rear ended a Lexus sedan driven by Kim Howe (69). The impact pushed the sedan into oncoming traffic, where it collided head first with a Hummer. Howe died at the scene. Jenner submitted to both field tests and DUI blood tests. The results yielded no proof of intoxication.

During the sequence of events, Jenner also rear ended the car immediately in front of the Lexus, a Toyota Prius driven by Jessica Steindorff (29). Both Howe and Steindorff had been driving with suspended licenses. According to the Los Angeles Times, investigators found proof that Jenner tried to avoid the accident with hard braking and veering to the right shoulder of the road.

Talking or texting on a handheld cellphone is illegal while driving in California. Evidence suggests that distracted driving may have played a role in the deadly sequence of events. Pagesix.com highlights photographs taken of Jenner talking on the phone while driving only days after the accident. Investigators look to phone records for proof of distracted driving when evaluating the circumstances surrounding an accident.

Chain reaction crashes like this one require intensive investigations. Evidence emerging in the continued investigation will likely clarify the cause of the accident and Jenner’s role. Publicly, Jenner holds that he did nothing wrong. Emerging evidence of negligence could lead to charges of vehicular manslaughter.

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 10, 2015

Multiple Offenses Lead to 5th Arrest for 55-Year-Old Savannah Woman

by Michael Kraut

Today, our Los Angeles DUI blog will take a close look at a curious case out of Georgia’s historic Savannah. A local woman, Sheila Faye Conley, just netted her 5th DUI-related arrest, her 4th DUI case, and her 3rd DUI conviction in a period of five years. Police arrested the 55-year-old on Christmas Eve, 2014, and a jury indicted her on February 5th.

Conley caused two previous DUI accidents that led to the injury and death of others involved. In 2000, she struck a couple at a traffic light while fleeing from an officer. In 2001, she fatally struck a couple on the same road as her previous accident. The state sentenced Conley to prison for felony vehicular homicide. Conley won her release in 2010 after serving 10 years and successfully completing almost 2 years on parole; her probationary period began in 2012.

Probation guidelines prohibited Conley from violating any criminal laws or engaging in “injurious and vicious habits” relating to drugs and alcohol, according to Savannah Now. When police pulled her over on Dec. 24, Conley allegedly denied consuming alcohol and refused blood and breathalyzer tests, which led to the most recent DUI charge. A grand jury indicted her for driving under the influence and presenting false statements at the time of her arrest.

Cases featuring multiple offenses in a short timeframe, especially those including injury or death, usually receive harsh prosecution. In California, depending on the timeframe of previous DUI convictions, a person similar to Conley may face years in prison, driver’s license suspension without an allowance for work, and an interlock device.

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.

February 4, 2015

Former Marine Sentenced to 11 Years in Jail for Deadly DUI Crash

by Michael Kraut

As someone recently arrested for a Los Angeles DUI, you may find it instructive to read about the heartbreaking case of former Marine sergeant, who was just sentenced for a causing a deadly DUI crash in 2012. He had served at Camp Pendleton and had been driving with three friends when he crashed the vehicle at Dana Point. All passengers suffered fatal injuries.

The Marines had all been in their early 20s at the time of the crash, and according to case reports, they had all been drinking at a local tavern. The sergeant was supposed to be the designated driver that night, but reports say that he ended up with a BAC level of .18% — more than twice California’s legal limit.

The court denied him an alternative sentence, including treatment time in lieu of prison. The sergeant’s attorney argued that his drinking had been an attempt at self-medicating. Therapists had diagnosed him with post-traumatic stress disorder as a result of his experiences in Afghanistan. His lawyer cited a state law that asks courts to take into consideration whether military related injury or trauma might have indirectly or directly influenced bad decision making or behavior.

The presiding judge responded that, although the case was unfortunate, “the court does not find his story plausible or believable.” The defendant will be serving an 11-year jail sentence.

Crashes that involve alcohol are considered aggravated DUI in California. When someone dies as a result of a crash that involved intoxication, authorities may seek different charges. Police reports can play a vital role in determining which charges are brought against an individual. A DUI attorney will also conduct an investigation of charges in a deadly DUI crash, which is why securing representation early is an important step to protect your rights. If you or someone you love faces a deadly DUI crash charge, obtaining key evidence early could help exonerate you or help you plead down to lesser charges.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ Michael Kraut for insight and peace of mind. Mr. Kraut is an experienced Los Angeles DUI attorney with many relevant connections in the local legal community.

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.

January 19, 2015

Colorado Explores [Much] Harsher DUI Laws: Implications for Los Angeles DUI Law in the Near Future?

by Michael Kraut

Los Angeles DUI attorneys are closely watching the Rocky Mountain state of Colorado to see whether that state will soon be cracking down hard on third offense DUIs. A lawmaker in Colorado’s general assembly recently introduced a bill with bipartisan support to treat a third DUI offense as a felony.

The rules under the new bill stipulate that all DUI offenses would have to be committed within seven years of one another. Lori Saine, the bill’s author, believes her law would reduce the number of inmates in county jails and make Colorado roads safer.

Police officers around the state are not sold on the idea. Some in the police community contend that increasing penalties for repeat DUI offenders doesn’t address the heart of the issue. Police say that jails throughout the state don’t offer inmates what they need to recover from their alcoholism, citing a growing need for substance abuse therapy. They say that individuals who leave prison depressed are more likely to abuse alcohol and other substances. Substance abuse and incarceration beget one another in a vicious cycle.

Bill opponents within the CO general assembly point to increased expenses from felony charges and extended prison sentences. State funding for prisons is already tight; funding for the increased costs associated with the bill might have to be pulled from valuable social services.

These law changes mean that if you live in Colorado and have two DUIs, a third could mean serious prison time. State laws in California already allow for a DUI conviction to turn into a felony under certain circumstances, including:

• You caused harm or death to another individual while DUI.

• You have 3 or more DUI convictions in 10 years.

• You have a history of felony DUI convictions.

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 5, 2015

Man Rings in 2015 with His 16th Lifetime DUI: Not the Best Way to Start the Year!

by Michael Kraut

If you’ve recently been arrested for Los Angeles DUI — e.g. if police stopped you on Mulholland after you attended a fancy soiree at a Hollywood producer’s house — you’re probably dreading the potential legal and financial ramifications.

Even if you didn’t hurt anybody or cause any property damage, you could have to pay fines and fees of $1,000 or more, deal with a six month (or longer) license suspension, and face time behind bars… among other punishments.

Hopefully, the arrest was your first. The more times you get arrested and convicted for DUI in California (over a 10-year period), the more intense your punishments become. For instance, a misdemeanor DUI may land you a few hours (or a day or so) behind bars. But if you’re pulled over and convicted for that same crime three times within a 10 year span, on the third time, you could face half a year behind bars (or longer!). Plus, prosecutors can try to elevate your charge to a felony instead of a misdemeanor.

Given that context, let’s take a look at a sad story out of Farmington, New Mexico, where 30-year-old Lawrence Pine got nabbed for his 16th DUI just as the New Year rung in.

According to reports from local station, KRQE, police showed up at Pine’s home after a call suggested possible domestic abuse at the house. Pine took his two children into his car and fled. Allegedly, he slammed into a parked car with the children in the vehicle. Police stopped him at a gas station and arrested him on a bevy of charges, including possession of drug paraphernalia, driving with a revoked license, child abuse and DUI. They’re holding him on a $200,000 bail.

Investigators also alleged that Pine “repeatedly kicked and hit the children while they were in the vehicle.” The situation sounds absolutely awful, and we hope that the children are getting excellent care and that Mr. Pine gets the assistance he needs to deal with his demons.

If you or someone you love needs help after an arrest — whether it’s your first or your fifth — please call a qualified Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers for insight into your rights and legal options.

December 22, 2014

Sore Losers? What You Can Do When Experiencing DUI Blowback

by Michael Kraut

Statistics show that the majority of people who face Los Angeles DUI charges stand a good chance of having those charges dropped. Unfortunately, being declared innocent does not mean that you won’t face consequences. The Kraut Criminal & DUI Lawyers is familiar with “DUI defense blowback” – when some people may resent your legal success — especially among celebrities and authority figures.

DUI defense blowback can be painful and embarrassing. Several exonerated people have been lambasted on social media and in public. For example, Texas judge Nora Longoria was angrily told she should resign and was a “disgrace to the… legal system” after her July 2014 charges were dismissed. These people may also face guilt, anger, and depression.

Victims of DUI defense blowback need not wallow in their circumstances, however. Instead, they can use valuable tips to help deal with the fallout. These include the following:

• Know the facts of the case. Many people are wrongfully convicted of DUI because of faulty sobriety tests or inconclusive blood or urine draws. The law also varies from state to state regarding whether “warrantless search” blood or urine samples are legal. People whose cases involved these circumstances can find peace in the fact that they were not at fault.

• Separate the person from the circumstance. One of the reasons people facing DUI blowback feel depressed is the absorption of the idea, “I was charged with a DUI; therefore, I am a horrible person.” Even people who commit actual DUIs are not horrible people. They are human, and humans make mistakes. Although mistakes have consequences, the person must be separated from the deed itself. Learn to say, “The DUI was a horrible thing I do not want to do again.”

• Ignore the lambasting. People who use abusive language toward such drivers are venting anger and often being judgmental. Allow them to vent, but do not retaliate or argue with them about the circumstances of the case or what “really” happened. Angry people are not likely to listen, and in the end, one’s own perception of self and circumstances matter more.

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.

December 17, 2014

DUI Charge Against Texas Judge Nora Longoria Dropped

by Michael Kraut

Los Angeles DUI attorneys and pundits have been following the story of Nora Longoria, a judge for the 13th Court of Appeals in Texas, who was charged with a DUI in July 2014. Recently, prosecutors dropped her charges. McAllen police say that Longoria “begged for special treatment” when faced with sobriety tests, but Justice Rolando Cantu threw out the case based on “lack of evidence,” marking “other” as his reasoning on formal paperwork.

Longoria was originally pulled over for driving 69 MPH in a 55 MPH zone, but the arresting officer claimed she “smelled of booze and had slurred speech.” Longoria allegedly admitted she’d had five beers that evening but that she consumed her last one three hours before driving. She allegedly told the officer, “I live a couple miles away… You are going to ruin my life.” Longoria also refused to take a breath test. Social media exploded after Longoria’s DUI charge. People made comments such as, “Resign, you drunk” and “You are a disgrace to the court system, to the legal profession, and the citizens of Texas.”

Despite the angry comments and the evidence presented in court, Longoria eventually beat her DUI charge. Several people, including regular Kraut Criminal & DUI Lawyers blog readers, may be wondering how and why. Our attorneys hypothesize a few possible reasons:

• Lack of a conclusive test. A breath test and other sobriety tests are not generally as conclusive as a blood or urine draw, neither of which Longoria underwent. In fact, some experts believe traditional sobriety tests are “designed to make [people] fail.”

• Unclear video evidence. The prosecution was able to obtain a video allegedly showing the circumstances of Longoria’s DUI arrest. However, the tape’s footage did not clearly show whether her speech had been slurred. Thus, the evidence that she “smelled of booze” essentially consisted of the arresting officer’s opinion.

• Lack of other evidence. Besides the unclear video, the prosecution brought no conclusive evidence against Longoria.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ Michael Kraut for insight and peace of mind. Mr. Kraut is an experience Los Angeles DUI attorney with many relevant connections in the local legal community.