Driving Under the Influence

April 28, 2014

Donovan McNabb Spends a Day in Jail for 2013 DUI

You can be the most famous, revered person in America… and still face substantial Los Angeles DUI penalties. No one is above the law.

Case in point: consider that the fate of 37-year-old ex-NFL quarterback, Donovan McNabb, who recently completed a one-day jail sentence in Arizona for a 2013 DUI charge. Police pulled over the former QB on December 13 at the Salt River Pima-Maricopa Indian Community, near Phoenix. The police report said that McNabb had been driving 81 miles per hour in a 65 MPH zone at around 3 in the morning on the Loop 101 freeway.

At the time of arrest, the media did not publicize McNabb’s stop. So when the Maricopa County Sheriff’s office released the picture of the QB’s mug shot earlier in the week, the blogosphere (and mainstream media) jumped on the story.

According to reports, McNabb pled guilty on March 27 to the DUI… and got nine days shaved off of his sentence. Joe Arpaio, a local sheriff, said “I’ve had other high profile athletes who have been incarcerated with no problems, and this latest athlete follows that same pattern.”

McNabb was best known as the “Eagle’s Quarterback,” who led Philadelphia to a string of five incredible seasons from 2001 to 2005. From 2001-2004, he took the Eagles to the NFC championship game. In 2005, the Eagles made it to the Super Bowl but lost to the Patriots, 24-21. While in the twilight of the career, McNabb also played for the Redskins (2010) and Vikings (2011) before calling it quits. He now co-hosts a Phoenix radio talk show. His new employers wrote: “We have discussed this situation with Donovan at length, and we’re convinced that he understands the gravity of his offense and is sufficiently contrite. The legal process has been concluded and we plan no further disciplinary action at this time.”

The resolution of McNabb’s case brings up the critical issue of expungement. With a DUI on your record, you may find it harder to get hired. An expungement can reduce the likelihood that you will face enhanced charges, if you ever get arrested again for DUI or other charges.

California statutes set the criteria for expungement, and these criteria can be complex and dynamic. For assistance trying to develop a defense against a Los Angeles DUI charge or expunging a charge from your record, call attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today to schedule your free consultation.
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April 25, 2014

The Promise Versus the Reality of Los Angeles DUI Defense

by Michael Kraut

We live in a world that, through no fault of any one person, has created stiff and unfair challenges for DUI defendants in Los Angeles.

Why? Because we are all totally blitzed with marketing messages about DUI defense (and everything else under the sun). We have limited, attention and skills to tell truth from fiction.

For a dramatic illustration of just how many DUI-related marketing messages are out there — and how conflicting these messages are — do a Google search about the effectiveness of breathalyzer tests.

We won’t discuss their merit (or lack thereof) now — we’ve already spilled plenty of virtual ink on the subject. Just recognize that just trying to parse the truth about that debate alone can take you hours and hours and hours.

And if you’re someone who has been recently arrested, you may not have hours and hours and hours. In fact, you may not have much time at all before “bad things” start to happen in your life, such as a CA driver’s license suspension, your boss firing you, your girlfriend or boyfriend breaking up with you because of your Los Angeles DUI, and so forth.

As a result, many defendants make decisions based on hearsay, random materials they find online or elsewhere, or intuition borne not out of science but out of desperation.

It’s tricky because, when you take bad advice about your Los Angeles DUI, based on some random snippet of news or argument you read online, the consequences could be severe. You could face massive jail time, fines and the your loss of your driver’s license – all of which, in retrospect, might not be strictly necessary.

So how can you break out of this morass? The simplest and easiest method, always, is to find a very experienced, highly qualified person or company — one who has demonstrated results in situations similar to yours — and retain that person or company to help you.

The good news is that, in the case of Los Angeles DUI defense, attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is available for consultation. Mr. Kraut has a great track record of success. Please connect with him and his team today to set up your effective, efficient defense. Continue reading

April 16, 2014

Finding a “Good Enough” Los Angeles DUI Attorney Amid the Unbelievable Amounts of “Noise Pollution” Online

by Michael Kraut

As you research prospective Los Angeles DUI attorneys, you’re bound to stumble across many, many different blogs and websites of potentially viable candidates.

Some sites may look austere, dry and professional. Others may be far more involved and feature lots of multimedia whiz-bang business – video tutorials, white papers, in-depth free online slide shows, etc.

Unfortunately, the most effective DUI attorneys don’t necessarily have the most spectacular websites, and vice versa. There are some excellent attorneys who just don’t have the time/energy/need to build a massive online presence, because they get tons of business through referrals or through a minimalist online marketing system.

So where does that leave you, as you try to sift through the noise?

Obviously, since this is a DUI blog run by a particular law firm (the Kraut Criminal & DUI Lawyers), we can’t exactly offer objective guidance! But there are some universally sound ways of vetting prospective attorneys. For instance:
•   Look at both objective and subjective measures of success. For instance, has the attorney won plaudits not just from past clients but also from objective third-party sources?
•   Can the lawyer or law firm recite impressive statistics (such as the fact that Mr. Kraut can say that he achieved over 99% success rate at jury trials, while serving as a criminal prosecutor)?
•   Have there been any business or ethics complaints against the firm?
•   Is the firm willing to provide a free and confidential consultation?

No vetting process is perfect. Given the nature of your case, many different attorneys may be up to the task of dispatching your matter effectively. But remember: your goal is to pass the “good enough” threshold. For a very minor matter, many lawyers might be up for the job. For more complex situations, your choice of attorney might matter more — a lot more, in fact.

What may appear to be a minor case could turn out to be something major. So that’s the tricky part! For instance, let’s say that police stopped you on Santa Monica Boulevard, after you and some friends had been partying, and cited you with a misdemeanor Los Angeles DUI charge. You didn’t hurt anybody. You didn’t fight with police. There was no additional “drama.” But the simple nature of your case may be an illusion. As your attorney delves into the evidence, he may find that the police behaved unconstitutionally, and your case may hinge on his ability to prove some obscure, very complex point of constitutional law.

Given the high stakes you face – the potential for jail time, massive fines and fees, and restrictions on your freedom and California drivers’ license – your attorney’s ability to find and debate that subtle piece of constitutional law suddenly takes on a whole new meaning.

The point is this: take your time. Do due diligence, and really investigate potential legal resources. Feel free to connect with Harvard Law School educated, ex-prosecutor Michael Kraut today for a free, thorough, and confidential consultation about your Los Angeles DUI defense. You can trust the Kraut Law Firm for ethical, resourceful insight.
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April 14, 2014

So You Lost Your California Driver’s License After a Los Angeles DUI – What Now?

by Michael Kraut

It hasn’t exactly been the best of times, since your Los Angeles DUI stop. But at the very least, you survived the stop and/or accident. Now you’re trying to figure out what you need to do to protect your rights and minimize the collateral damage to your life and freedom.

One of the biggest inconveniences you face is the loss of your California driver’s license. Whether you lose it for a few days, a few months, or a few years, inconveniences abound:

•   How are you going to drive to and from work or school?
•   How are you going to shop at places like IKEA, Vons, etcetera?
•   How will you drive to social events, like dates and parties?
•   How will you get to LAX?

If you lived in D.C. or New York, your situation would be substantially easier. You could take buses, taxis and trains to go basically anywhere you wanted to go. But in LA, going from “car” to “no car” is not a simple, nor intuitive transition.

Is there a solution? Are there workarounds you can use to get results?

Los Angeles does boast a few train stations and a thriving bus system, so you can “get around.” But you might find yourself stranded, isolated, and generally far more dependent on friends and family members. If you are a student, maybe this means that you’ll need to drop out for a semester until you get your license back. Or maybe you’ll need to move closer to school, so you can walk to classes. If you are a single parent, who is already stretched, you may need to take your kids out of day care or hire yet more help to drive your kids to and from their schools.

The duration of the suspension can also be hugely impactful. If you’re only going to be without a drivers license for a few weeks, that might be manageable. For instance, you could ask your boss to let you take your vacation early this year.

The moral is that the outcome of your upcoming California Department of Motor Vehicles hearing could prove pivotal — not just for your short term interests but also for your long term future. If you must move to another part of the city – or quit a job or break off a relationship – due to the Los Angeles DUI inspired license suspension – the ramifications could literally change your life… and not in ways that you’d be particularly excited about!

There is a very short window of time that you have to act to fight your Los Angeles DUI arrest and protect your California drivers’ license. Get in touch with experienced Los Angeles criminal defense attorney, Michael Kraut, of the Kraut Criminal & DUI Lawyers right now to set up your free consultation about how to proceed, strategically.
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April 4, 2014

Los Angeles DUI Arrest Nets Actor David Cassidy Five Years Probation and Mandatory Rehab

by Michael Kraut

Last Monday, actor David Cassidy pled no contest to charges that he had driven DUI in Los Angeles back in January near LAX. The former teen star was sentenced to 60 months’ probation and 90 days live-in rehabilitation. The 63-year-old actor will also have to pay fines and attend a nine month alcohol education class.

Ironically, Cassidy had been in town to deal with legal business – he is suing Sony Pictures Television for money he claimed that the company owed him for merchandizing his image. Cassidy’s manager said that the stress of being deposed led him to fall off the wagon and drink.

Cassidy’s DUI was not his first brush with law enforcement.

Last August, police arrested him in upstate New York for a felony DUI. Investigators report that plea deals were being worked out in that case, and Cassidy will most likely plead guilty to a misdemeanor DUI.

Prior to even that, the Partridge Family actor got arrested fro DUI in November 2010 in Florida — he allegedly blew 0.14 percent on a BAC test (nearly twice the Southern California legal limit). In 2012, he pled no contest to these charges, lost his license for six months, and faced a year of probation.

Cassidy’s situation brings up an interesting point: what happens when you try to “plea down” your DUI charges? What does that actually mean?

The California Vehicle Code identifies two major reduced charges – “wet reckless” and “dry reckless.”

California Vehicle Code Section 23103 and 23103.5 define the charges and their punishments. “Wet reckless” is a driving offense in which alcohol plays a role (hence the word “wet”). It is not as serious as a DUI. You don’t get a license suspension imposed by the court (although the DMV can still suspend your license). It comes with little or no jail time and lower fines.

A “dry reckless” is an even lesser charge. Effectively, it’s just reckless driving. This is even better, because it reflects less on insurance premiums, and it cannot be used to enhance your sentence, if you ever get charged again for DUI.

Los Angeles DUI defense attorney Michael Kraut of the Kraut Criminal & DUI Lawyers would be happy to discuss your case. Mr. Kraut is a former prosecutor (Harvard Law School educated) who is renowned for providing excellent service for his clients and for maintaining extensive connections with judges, police officers, and former prosecutorial colleagues.

April 1, 2014

Colorado Man Might Face First Degree Murder Charges for DUI Death

by Michael Kraut

If you’ve been arrested on a Los Angeles DUI charge, odds are that you’re probably facing a relatively minor (but still serious) charge, such as misdemeanor DUI. If your case is extreme – for instance if you hurt someone – you might face a felony. This is a very serious charge that can lead to over a year behind bars.

However, unless your situation is very intense, you probably won’t face a first degree murder charge.

Not so for Ever Olivos-Gutierrez, a native Mexico living in Colorado, who hit and killed a man last Monday morning. Authorities say Olivos-Gutierrez ran a stop light and smashed his Ford Expedition into a Chevy Camaro driven by Juan Carlos Dominguez-Palomino, killing the 17-year-old on the scene. Olivos-Gutierrez then fled the crash, but police tracked him down. Per the arrest affidavit, he tested over four times the legal limit for DUI.

Prior to the fatal crash, Olivos-Gutierrez had been arrested multiple times on DUI-related charges and other traffic incidents. Approximately half of his arrests and offenses happened when he was living in the United States illegally – he never had a Colorado driver’s license.

Authorities say that his fatal wreck last week mirrored a similar crash in September 2008, when an illegal immigrant named Francis Hernandez hit a pickup truck while DUI — driving 80 miles per hour — on a street in Aurora. The force of the accident thrust the truck into a nearby ice-cream shop, where it killed a 3-year-old boy and two women who had been eating inside.

Despite the fact that Olivos-Gutierrez had been arrested twice for DUI – once in 2000 and once in 2007 — and that he committed multiple driving offenses and infractions, while driving without a license and living in the country illegally — he served less than a year of jail time. Immigration and Customs Enforcement (ICE) only had documentation of one of his arrests. (When the Denver Post reported on this story, officials from ICE did not comment.)

Recently, in California, our Supreme Court decided to give the green light to prosecutors to pursue DUI murder charges – also known as Watson Murders. This charge is a second degree murder charge, and it can be punished by up to life in prison. Part of what makes this charge particularly strong is that it contains an element of what’s known as “implied malice” – i.e., the driver clearly understood the dangerous risks of his actions but engaged in bad behavior anyway and then killed somebody. After you have been convicted of a DUI, you need to sign a statement known as a Watson Advisement that acknowledges that you understand how dangerous DUI driving can be.

For help unpacking your Los Angeles DUI defense, connect with attorney Michael Kraut. Mr. Kraut is a former prosecutor (Deputy District Attorney). He has appeared on Good Morning America and written in the Los Angeles Times and The New York Times about DUI cases in the news.
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March 26, 2014

KPCC Reports on Spike in Female DUI Arrests in Los Angeles and California

by Michael Kraut

Reporting for KPCC, journalist Erica Aguilar recently published a “deep dive” examination into female DUI arrests in Los Angeles. Her two-part series is obviously well worth read.

Let’s examine a few key themes she discusses in her article. The information will probably shock you!

Aguilar opens by quoting Rosemary Earl, a juror who helped to convict a 38-year-old woman of second degree murder, after the woman hit and killed two other women while DUI and then fled the scene. Earl told KPCC: “I put someone in jail, and it impacts me … she took two lives that destroyed a lot of other people’s lives.”

KPCC analyzed two decades of DMV data and found that the number of female DUI arrests has gone up – both across the state and here in LA – for reasons that are befuddling to the experts. Stephen Bloch, a researcher at the Automobile Club of Southern California, told KPCC: “[The number of female DUI arrests] was somewhat stable in the 1980s, and then began to go up and just accelerated, particularly from 1999 to 2011.”

Meanwhile, the number of male DUIs fell during that same period.

Another analyst noted: “We don’t know if more women are drinking and driving … all we do know is that more women are being arrested.”

So why is this all happening?

One spokesperson for the Los Angeles County Sheriff’s Department suggested that an improvement in deputy and officer training could potentially explain the findings. For instance, around 2008, CHP began a concerted, aggressive push to bust drivers for driving under the influence. DUI arrests soon went up. But this doesn’t explain why MALE arrests went down during this time, while FEMALE arrests went up.

Another theory suggests that police have been getting better at identifying drivers who are not just DUI but also under the influence of prescription medications. Potentially, more women than men mix prescription drugs with alcohol. This might explain the discrepancy.

Yet another explanation is purely demographic. More and more women are entering the workforce. Thus, more and more women are driving, instead of staying at home and attending to kids. The surge in female DUI arrests, in other words, has nothing to do with enforcement and everything to do with the fact that the subset of female population that always been more inclined to drive DUI has increased due to socioeconomic and cultural factors.

Whether or not researchers will ever really understand the “big picture” stuff driving this peculiar trend – perhaps the numbers are just a statistical artifact? – you want urgent help with your Los Angeles DUI defense.

Contact attorney Michael Kraut of the Kraut Criminal & DUI Lawyers right now for ethical, thorough, and highly strategic assistance with your case.
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March 19, 2014

Kate Major, Girlfriend of Michael Lohan, Busted for DUI — Dashcam Video Shows Her Crying… a Lot

by Michael Kraut

One of the worst aspects of being arrested for DUI in Los Angeles is the fact that your private moments of weakness can suddenly turn into viral video hits, causing obvious humiliation and potential damage to your brand and future employment and relationship possibilities.

Of course, online tabloids, like TMZ, have no problem putting up such embarrassing videos – especially of celebrities – to generate hits and traffic. To wit, TMZ just published dashcam footage featuring Michael Lohan’s girlfriend, Kate Major, crying to a police officer after being pulled over on suspicion of DUI near her house in Florida. Allegedly, Lohan and Major had been involved in a “blowout argument” (per TMZ). Lohan is father of the famous (or, perhaps, “infamous”) actress Lindsay Lohan. He and Major have a young child together.

After their “blowout,” Major allegedly got behind the wheel. She didn’t make it far – she crashed. A police report says that Major had serious difficulty with her field sobriety tests. She “missed the tip of her nose on her second, third, fourth, and fifth attempts. Touched on her nostril on the second, third, and fourth attempt, touching the space between her nose and upper lip in the fifth attempt.”

She also didn’t do much better when it came to reciting her ABCs: “on her first attempt, she gave the sequence L M X twice and spoke at a really fast pace. On her second attempt, she did not keep her eyes closed and got stuck on the letter V. Major was never able to recite the alphabet A to Z.”

Police say that her BAC was an astonishing 0.243%. For those of you who are keeping at track at home, that’s more than triple the legal limit for DUI in Southern California, as defined by CVC Section 23152. In addition to facing a DUI charge, she also faces a charge of battery for her fisticuffs with Lohan. Her bail was set at $16,000.

Major’s arrest gives us a good segue to discuss the key field sobriety tests used by Southern California police officers to determine DUI:

•   The horizontal gaze nystagmus test. An officer looks into your eyes to see whether you can follow a prompt. A long lag time could indicate DUI.
•   Walk the line test. You’re asked to walk nine paces in both directions on a white line (such as painted line on the road). Loss of balance indicates possible DUI.
•   One leg stand test. An officer will ask you to lift a leg and stand on one foot for 30 seconds. Loss of balance or coordination might indicate DUI.
•   Rhomberg test. You will be asked to tilt your head backwards and count up to 30. Again, loss of balance could indicate DUI.

If you failed your field sobriety tests and got arrested for DUI in Los Angeles, connect with Attorney Michael Kraut today for a free, confidential consultation about your possible next steps. Mr. Kraut is a former prosecutor with an excellent track record (99% plus success rate at jury trials, for instance) and many connections in the Los Angeles criminal defense community.
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March 12, 2014

Horrific Alaska Tale: Driver Suspected of DUI Shot and Killed, After He Failed to Stop

by Michael Kraut

When Los Angeles DUI stops “go wrong,” the consequences can be awful, even occasionally fatal.

Consider the following “worst case scenario” out of Wasilla, Alaska: local authorities say that an Alaska State Trooper shot and skilled a suspected DUI driver. According to reports, police stopped the vehicle north of Parks Highway, after troopers received a report that a DUI driver had been driving near the city limits of Wasilla.

Police tried to pull the vehicle over, but the driver wouldn’t stop. The trooper opened fire and shot at the driver. Authorities pronounced the driver dead on the scene. Another passenger was injured by the gunfire. Fortunately, the passenger’s injuries were not life threatening.

The shooting occurred near a Wal-Mart, east of the main section of the city, near a development called “Whispering Woods.” One local resident claimed that she heard “a lot of sirens” fired by a volley of gun shots. The debris left by the exchange included spray paint and shattered glass.

The last time a Wasilla police officer had needed to use a gun was way back in 2008. (Los Angeles Police, meanwhile, deal with gunfire virtually every day.)

Fortunately, tragedies like what happened up in Wasilla over the weekend are few and far between. However, altercations between DUI suspects and police do happen regularly. Many people, for instance, refuse to submit to a breath or blood test – prompting an arrest and charges per CVC Section 23152 (A) (for the DUI) and per CVC 23612 (for refusing the breath/blood test).

An officer must have probable cause to stop and search you, per the Fourth Amendment to the U.S. Constitution. If an officer cannot simply and clearly articulate why he (or she) stopped you and asked you to take a DUI test, the test may be rendered mood, for legal purposes. You will need to ask for a hearing per Penal Code Section 1538.5.

For technical help dealing with this issue (or with any other aspect of your Los Angeles DUI defense), call the team here at the Kraut Criminal & DUI Lawyers today for a free and systematic consultation.
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March 9, 2014

Beyond Mr. Checkpoint: How Else Can You Avert a Los Angeles DUI Charge?

by Michael Kraut

Recently, we discussed a controversial tool that’s divided the Los Angeles DUI community: a popular cell phone app called “Mr. Checkpoint.”

Mr. Checkpoint alerts drivers in real time to the presence of checkpoints throughout the Southland. The app has bloomed into a social media sensation. Sennett Devermont — the man who created the app — recently told the LA Weekly about his very peculiar experiences with DUI law. Devermont claims that one arrest led to his car’s impoundment, and police then took his two dogs to the pound. (Blood tests later totally cleared Devermont of wrongdoing.)

Rightly or wrongly, many Southlanders may be tempted to use Mr. Checkpoint to avoid police traps. But what other tools/strategies can drivers use to protect themselves from DUI arrests?

Here are four:

1. Plan ahead.

Every partygoer knows the rule: when you drink, arrange alternative transportation, such as a designated driver or a taxi cab. That’s sound, good advice. But this advice of “plan ahead” should be construed in a broader sense, too: become a student of your habits and proclivities.

When do you make bad decisions? What people influence you badly? When and why do you behave impulsively or recklessly? Understand your own idiosyncrasies. Pay attention to them.

2. Err on the side of caution.

If you have to ask yourself whether you’re at risk of driving DUI, just assume that you are. Be conservative. It just makes sense.

Think about it. Let’s say you’re technically at 0.04% BAC — half the legal limit, as defined by California Vehicle Code 23152. You decide to “ruin your night” and avoid following your friends to the next club. The next morning, you spend $50 to take a cab back to your car. Are those things inconvenient? Sure. But they pale in comparison to what could happen if you actually HAD BEEN over the limit — punishments could include jail time, fines, license suspension, the potential that you could seriously hurt or kill yourself or someone else, the list goes on. You don’t have to be a genius actuary to see the risk imbalance there.

3. Come up with simple rules to follow about drinking and partying.

Simple rules are easy to follow and easy to remember. Don’t overcomplicate or overthink this.

4. Deal with your current DUI.

If you’ve been arrested recently for a crime like DUI in Los Angeles, get in touch with an attorney at the Kraut Criminal & DUI Lawyers for sensible, sensitive insight into your case.
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