Driving Under the Influence

October 24, 2014

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

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 22, 2014

Southern California Mayor Suddenly Resigns After DUI Charge

by Michael Kraut

A Los Angeles DUI charge can have powerful and immediate ramifications, whether you’re a public figure or not.

Witness, for instance, the fast fall of Murrieta Mayor Alan Long, who had to resign recently after he caused an alleged DUI crash that injured four students. The 44-year-old had been driving on Jefferson Avenue in a large truck last Thursday at 8 P.M., when he hit a vehicle driven by four high school students.

Long had served as a Battalion Chief with the Anaheim Fire Department, but his knowledge and understanding of road safety did not prevent him from failing his field sobriety tests (at least per police reports) and demonstrating what authorities said were “signs and symptoms consistent with alcohol impairment.”

Long contends that he had consumed alcohol but did not cross the legal limit of 0.08%. He made a bail of $5,000 and has not yet formally been charged. Rescue workers took the four students from Murrieta Valley High School to local hospitals for treatment for an array of injuries.

Long won election in November 2010 by a landslide. But even though he hasn’t been formally charged with a DUI injury count, he had to resign his political position.

Each charge of injuring someone while driving DUI can lead to a felony conviction and a jail sentence of at least a year, per California Vehicle Section 22153. Prosecutors also do not necessarily need to show that Long had been over the 0.08% BAC mark to convict him for the felony counts.

Defending against injury DUI charges can be an incredibly fraught and complex business. Protect your rights by getting good insight from a qualified Los Angeles DUI defense attorney, like Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor: as a Deputy District Attorney, he racked up a 99% success rate in jury trials. Continue reading

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 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 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 3, 2014

DUI Driver Fatally Strikes Motorized Bicyclist in Huntington Beach

by Michael Kraut

Receiving a Los Angeles DUI can be a life-changing event, even if you hurt no one and avoid getting arrested on multiple charges. But the consequences become even more severe when the other party sustains serious or fatal injuries. A Huntington Beach motorist is now learning that lesson the hard way.

On September 1 around 6:30 p.m., a 55-year-old man was riding his motorized bicycle down Bolsa Chica Street, when a driver struck him near the intersection with Oahu Drive. Although multiple witnesses tried to help the injured man, he died shortly after admission to UCI Medical Center.

Police found a 2013 Mercedes-Benz C250 near the crash site and later arrested its driver, a 51-year-old Huntington Beach man, for a suspected DUI. Eyewitness accounts indicate the Mercedes struck the bicyclist while both were traveling southbound on Bolsa Chica.

In the state of California, DUI charges involving injury to another party carry significantly more weight than when no one has been harmed. The potential penalties for someone convicted of DUI with injury or manslaughter include:

〈 Higher degree of charges. Rather than a misdemeanor, a manslaughter or injury-related DUI is a felony charge that carries hefty penalties for each individual harmed or killed.

〈 Longer sentences. If convicted of a DUI with one or more injuries, you may face an additional 3-8 years in prison. Manslaughter sentences may be even longer, up to 10 years for each fatality.

〈 Loss of license. Injuring or killing another driver while intoxicated increases the likelihood of losing your license for an extended period.

〈 Job loss. Extended incarceration and a record of DUI with injury or manslaughter may lead a convicted individual to lose current employment or have difficulty gaining it in the future.

At the Kraut Criminal & DUI Lawyers, we understand the gravity of your Los Angeles DUI charges, especially when they coincide with the injury or death of another person. We can craft a powerful, strategic defense, regardless of the complexity of your charges.

August 25, 2014

Chief Keef Skips DUI Hearing, Faces Harsh Consequences

by Michael Kraut

Attending a Los Angeles DUI hearing is a stressful and sometimes frightening prospect. However, facing the hearing officer is a better idea than avoiding the situation altogether. Rapper Chief Keef is currently learning this lesson the hard way.

The 19-year-old Chief Keef’s predicament began in March 2014, when police pulled him over on suspicion of DUI. When a potent marijuana smell prompted officers to administer a sobriety test, Keef failed and was placed under arrest. Keef sustained additional charges for failing to provide proof of insurance and driving on a suspended license.

The troubled rapper’s previous legal problems include involvement in a shooting, rehab stints, and child support disputes. Perhaps his aversion to the law is what caused him to skip his August DUI hearing. Currently, a warrant for Keef’s arrest is pending, and authorities plan to arrest and hold him on $50,000 bail.

In California, the DUI hearing is an important procedure, setting the tone for the remainder of the court process. The accused may choose a phone or “live” hearing, the latter of which gives him or her the best chance of presenting a compelling legal defense. A DUI attorney and witnesses may speak for the defendant, as well.

Missing a DUI hearing not only gives you no chance to state your case, but it also shows disrespect and disregard for the legal process. Should you choose to skip the hearing, you may be arrested and held until your arraignment. Further risking your freedom is an unwise way to begin a defense.

The Los Angeles DUI attorneys at the Kraut Criminal & DUI Lawyers understand how intimidating a DUI hearing can be; in fact, attorney Michael Kraut once acted as a prosecutor in such cases in his role as Senior Deputy District Attorney. Rather than running away from the court, contact us today to learn how we can put our knowledge of California law and experience with DUI cases to work for you.

August 6, 2014

Breaking Justin Bieber DUI News: Pop Icon’s Hearing Has Been Rescheduled

by Michael Kraut

Our Los Angeles DUI blog — as well as practically every media organ that covers popular culture — has been keenly attuned to the saga of Justin Bieber’s DUI case.

The latest development is something of a “pass” – prosecuting attorneys requested to reschedule a hearing to determine whether Bieber should be put on trial for DUI and resisting arrest. The judge agreed to this request but didn’t put matters off for long. The hearing will go forward on August 13. Rumors of a plea deal are floating.

As you might recall from following the seemingly endless barrage of news footage about Bieber’s arrest, the “Baby” singer allegedly was drag racing illegally on Miami streets in a rented Lamborghini. Police said he had alcohol on his breath, although he apparently tested below the 0.02% BAC cut-off for underage drivers. However, some evidence suggests that he had been on Xanax (an anti-anxiety medication) and that authorities found marijuana in his system. The arresting officer noted: “I immediately smelled an odor of alcohol emanating from the driver’s breath… the driver had slow, deliberate movements and a stupor look on his face. These are all indicators of an impaired driver.”

In addition to dealing with the fallout of his January 23 arrest, Bieber has faced other legal problems this summer. In July, for instance, he plead no contest to misdemeanor vandalism charges and paid over $80,000 in restitution to his next door neighbors in Malibu, after he egged their house and damaged their wood exterior.

If you’re an under-aged driver, and you police catch you beyond the wheel with even a trace amount of alcohol in your system, you can lose your license and face other penalties that make it much more difficult for you to drive to school, keep your job and build your life and career. Call the team here at the Kraut Criminal & DUI Lawyers today for a free and confidential consultation about your potential Los Angeles DUI defense.
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August 4, 2014

In Denial After Your Los Angeles DUI Arrest?

by Michael Kraut

Ever since your arrest for DUI in Los Angeles, you’ve been (outwardly, at least) in denial about the seriousness of the implications of your charges.

Or perhaps you’re the spouse or significant other of someone with an alcohol or drug problem who recently got stopped for DUI at a checkpoint or arrested after a crash. You’re frustrated because he/she seems to be minimizing the gravity of the situation.

In either case, you might find it resourceful to examine the roots of the denial.

Our Needs for Psychological Consistency

Human beings generally do not behave “randomly.” We may not understand the strategies we employ when we get into trouble, and we might not choose the best strategies — or even very good ones. But the reasons that motivate us are not without logic.

Consider that when someone says, in effect “I’m going to pretend this DUI will go away on its own, and nothing about this is my fault at all,” that person is actually making an attempt to solve a problem. We bury our heads in sand because we want to avoid pain and stress and anxiety. These are not pleasant feelings. Denial is the psyche’s subtle way of protecting itself.

If you “don’t want to talk about” the DUI, your hesitation probably has less to do with your wanting to ruin your life than it does with wanting to protect yourself against painful situations, such as:

• Having to admit to other people that they were right — that you DO need help managing an addiction to prescription medications, drugs, or alcohol;

• Having to take time out of an already complicated and emotionally full life to deal with DUI defense;

• Having to contemplate the battery of punishments that may await you, such as loss of your California driver’s license, jail time, costly fines and fees, higher insurance premiums, etcetera;

• Having to confront emotionally unsettling truths about your life and your past;

Denial is by no means an intentionally self-destructive impulse. It’s a very understandable unconscious tactic we all use to retain psychological equilibrium and a sense of control. In fact, if you just recognize that denial is okay – that it is not intrinsically unhealthy or irrational – then you are already on the path to moving past it to get the help you really need.

The most challenging part of any Los Angeles DUI defense is that very first phone call.

Picking up the phone and calling an experienced attorney — like the Harvard Law School educated Michael Kraut of the Kraut Criminal & DUI Lawyers — requires courage, because the act involves leaving your comfort zone. But once you cross that threshold, things do get easier! Give yourself the opportunity to get a fresh start. Connect with attorney Kraut and his experienced team today for assistance.
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July 28, 2014

Alabama Football Player Accused, California Rapper Exonerated of DUI Charges

by Michael Kraut

Drivers facing Los Angeles DUI charges may not relate to the high-profile status of the individuals in these recent news stories, but they can certainly relate to their legal situations.

On Sunday, July 3, Tuscaloosa police arrested Jarran Reed, Alabama defensive lineman, and charged him with DUI. The North Carolina native recently transferred to Alabama from East Mississippi Community College and had high hopes for receiving playing time in the upcoming season.

Unfortunately, Reed isn’t the first Alabama player to face criminal charges since last season ended. Little Rock, Arkansas, police cited another running back, Altee Tenpenny, for possessing a controlled substance back in April.