Driving Under the Influence

August 26, 2015

How to Break the News of Your Los Angeles DUI to Your Boss [5 Strategies]

Perhaps even more scary than contemplating going to jail for your recent Los Angeles DUI charge or facing the prospect of walking two miles to and from Trader Joe’s to get your groceries every week for the next year is the specter of having to confess the DUI to your boss.

It’s no secret that the cost of living in Los Angeles is crazy high (although, fortunately, not as wild as the cost of living in cities like New York and San Francisco). Moral is: you need a solid income stream to support your family and larger ambitions.

So you don’t want to lose your job – particularly for a momentary lapse of judgment that you had outside of work. However, if your employer does learn about the DUI – in particular, learns about it in the wrong way – you could face seriou repercussions at work. Here are some tips for how to move forward.

1. Before you chat about your case with other people (including your boss as well as friends and family members), get insight from an experienced Los Angeles DUI defense attorney.

Your attorney help you figure out how to break the news and get the ball rolling on an accurate and sound defense strategy.

2. Don’t beat around the bush.

Stick to the facts when you have the conversation – assuming your attorney says it’s wise to do so – and avoid getting into emotions or embellishment. Just say what happened, say what you are doing now, and be business-like about it.

3. Avoid letting your boss find out about the arrest from a co-worker or from the news, if possible.

4. Be empathetic to the boss’s response.

Depending on your relationship and what happened during your DUI, your boss may get extremely angry or sad or some other reaction. Avoid taking her reaction personally. Try to understand what’s going on in her head and heart. For instance, perhaps she is disappointed, because she’s just worried that you may lose your license and thus not be able to get to work on time. Perhaps this news raises trust issues with her. Reflect these concerns without admitting anything on your part. Be a mirror.

5. Learn appropriate lessons, and make a constructive plan going forward.

For instance, let’s say that your license suspension prevents you from going to work easily – or delays you an hour a day. So be it. Work with your employer and colleagues to develop a work around as you manage the license suspension.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

August 10, 2015

Driver On DUI Probation Causes Fatal Crash

by Michael Kraut

Some people never seem to learn, no matter how many times they suffer the consequences of an arrest for a DUI in Los Angeles. Even as they’re paying the penalty for one DUI offense, they’re committing another.

Christopher Thomas Nash of Hesperia, California, may finally understand the consequences of driving while intoxicated. But that realization comes too late for 27-year-old Andrea Anderson, who died as a result of an accident that Nash allegedly caused.

The 31-year-old man was driving his white GMC truck south on Armagosa Road around 4:30 in the morning of July 30th when he crossed the double line and drove into oncoming traffic. The truck hit the red Kia Forte driven by Anderson, who suffered fatal injuries. Paramedics pronounced Anderson, who was an only child, dead at the scene.

The accident, which demolished the front end of the Kia, trapped Nash in his car. Emergency workers had to extricate him before a helicopter airlifted him to Loma Linda Medical Center. Police had to shut down traffic in the area for several hours while they investigated.

Witnesses who stopped to assist after the crash reported that Nash appeared to be out of it and that he smelled strongly of alcohol. They also said that they spotted a beer bottle among the wreckage.

The court had placed Nash on probation after his conviction on misdemeanor DUI charges stemming from incidents in April and July of 2014. He had actually gone to court in May 2015 to request modification of his probation on those charges. (Apparently the court didn’t grant that request.)

Police have charged Nash with vehicular manslaughter while intoxicated. Since he can’t make bail of $250,000, he’s staying put in the West Valley Detention Center at present. He could face fines of up to $10,000 and/or four to six years in jail if convicted.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.

August 3, 2015

Tennessee’s Anti-DUI Campaign Called Sexist

by Michael Kraut

If trends for arrests for DUI in Los Angeles follow national averages, police pick up more men than women for the offense. (According to DrunkDrivingStats.org, the ratio for the arrests is four to one.) In addition, males between the ages of 21 and 34 are responsible for 32 percent of all DUI episodes.

Statistics gathered by the Tennessee Department of Security and Homeland Security showed similar trends in the Volunteer State, where police officers arrested three times as many men as women for DUI from 2010 to 2014.

So you can understand the reasoning of Tennessee officials who thought that anti-DUI advertisements should aim at catching the attention of young men. However, the way that the Governor’s Highway Safety Office approached the task of spreading the message brought widespread criticism.

The advertising campaign featured TV and radio ads, social media and table tents, coasters and fliers distributed to bars across Nashville. The ads offered messages like “After a few drinks, the girls look hotter and the music sounds better. Just remember: If your judgment is impaired, so is your driving.” Another read: “Buy a drink for a marginally good-lucking girl only to find out she’s chatty, clingy and your boss’s daughter. If this sounds like something you would do, your judgment is impaired.”

Needless to say, the campaign soon drew fire from women and from public officials who denounced it as sexist. The controversy grew even more heated when news sources found—under the Freedom of Information Act—that the state had spent $800,000 for advertising blitz. State officials quickly apologized and stopped the advertising.

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.

July 31, 2015

Summertime Blues: Celebrity DUIs Keep On Coming [Ty Lawsom, Jeremih and More]

by Michael Kraut

News reports have splashed the story of Denver Nuggets point guard Ty Lawson’s recent arrest for a DUI in the Los Angeles area all over sports pages, television news shows and web sites. But Lawson has plenty of company. Whether the hot summer nights are encouraging the rich and famous to party a little harder, or whether they’re simply losing track of how many adult beverages they’re consuming, famous people have been making headlines for their poor driving choices.

* The California Highway patrol picked up Lawson on Tuesday, July 14th, when they allegedly caught him driving at high speeds in his white Mercedes. This was Lawson’s second DUI arrest this year, so he headed straight for a rehab center in Malibu, once police released him from Los Angeles County Jail.

* On Friday July 17th, R&B singer Jeremih went to a Van Nuys jail after police arrested him on suspicion of DUI. Coincidentally, police picked up the “Birthday Sex” singer on his 28th birthday. The arrest only derailed Jeremih’s birthday partying for a short time. After making the $15,000 bail, he headed to San Diego to celebrate the remainder of his birthday at a club there.

* WWE Hall of Famer and wrestling coach Tammy “Sunny” Sytch picked a bad time to enter through the exit lane of a Walmart parking lot in Leighton, Pennsylvania. The police spotted her and then watched her hit a curb before they pulled her over. Sytch allegedly failed the field sobriety test and scored a .253 blood alcohol level – nearly 3 times the legal limit for DUI in California. Police charged her with DUI, careless driving and driving without a license.

As a frequent contributor to respected media, like The New York Times, The Los Angeles Times and Good Morning America, Los Angeles DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

July 21, 2015

Don’t Mess with North Dakota on Outstanding DUI Charges

by Michael Kraut

Anyone charged with a Los Angeles DUI can expect a fairly speed resolution to their case, whether that means paying a fine, spending some time in jail or having an ignition interlock system installed on their car.

But it took 20 years for justice to catch up with Jason William Gale. According to the INFORUM website, on March 13, 1995, a police officer in Grand Forks, North Dakota, saw Gale swerving his vehicle into a bicycle path. The cop pulled him over, but Gale didn’t do well on the field sobriety test. The cop arrested him for DUI.

Gale hired a lawyer, Henry Howe, to defend himself against that charge. Gale trusted Howe to guide him through the court process and even signed a power of attorney so that Howe could represent him during preliminary court proceedings. Howe told Gale he had handled everything, but the lawyer actually never showed up in court.

Gale moved soon after the DUI incident and subsequently lived in Colorado, Fargo, North Dakota, Florida and Minnesota. Along the way he held multiple jobs, got involved in a few civil court cases and had at least five background checks. But it took a recent employment background check to uncover the fact that the Grand Forks court had issued a warrant for his arrest back in 1995 after he failed to show up in court.

North Dakota must have some tough prosecutors. Gale tried to set things right, and his new attorney thought the court would dismiss the charges. But the prosecutor tried the case, calling up the arresting officer from 20 years ago to testify. Gale ended up paying a $500 fine, but at least he didn’t get sent to jail and there are no more outstanding arrests warrants against him.

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.

July 8, 2015

DUI Charges Complicate Earlier Case Against Flavor Fav

by Michael Kraut

The Associated Press reported in late June that rapper/reality star Flavor Flav of Public Enemy was getting ready to settle a driving-related case in New York, when police picked him up on a DUI charge in Las Vegas. All he needs to complicate his life a little more is an arrest for a DUI in Los Angeles.

Flav was apparently speeding along at 73 MPH on a 45-mph freeway ramp near Las Vegas’ McCarran International Airport when cops pulled him over. He allegedly had been driving on a suspended license, and his vehicle registration had expired. Cops booked him on a felony charge of driving on a suspended license, driving while DUI, possession of marijuana (they found a small amount in his car), speeding and having an open container of alcohol in his vehicle.

This arrest clearly didn’t help much with the charges that Flav is dealing with in New York. The rapper was already looking at doing time—up to four years in jail—because of a January 2014 incident in that state. According to Fox News, Flav had been speeding on the way to his mother’s funeral when police officers pulled him over. They ran his license and found that it had been suspended 16 times for various offenses.

Flav had been trying to negotiate a plea deal with New York authorities, when news of his Las Vegas arrest broke. Prosecutors were apparently already dubious about Flav’s supposed reformation, and the new arrest hasn’t helped. New York prosecutors have said they will seek a six-month jail sentence if Flav’s case goes to court and he’s found guilty.

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.

June 22, 2015

California’s DUI Laws: Not As Tough As Many

by Michael Kraut

People picked up for a DUI in Los Angeles may be luckier than they think. If they were arrested in other states, the penalties could be much higher, especially for repeat offenders.

The website WalletHub.com recently released the results of its study on the strictest and most lenient states for DUI punishment. California ranks in the bottom half for the harshness of its penalties, coming in at 31st.

The study looked at 15 key metrics, such as minimum jail time for first and subsequent offenses, minimum fines, the number of DUI offenses it takes before a defendant is charged with a felony and whether or not there are more severe penalties imposed if a defendant’s blood alcohol content is very high.

WalletHub gave Arizona the nod as being the strictest when it comes to DUI enforcement. The Grand Canyon State has a minimum sentence of 10 days in jail and requires a mandatory ignition interlock for a first offense. Second-time offenders must serve 90 days, and third-time offenders are looking at automatic felony charges. In South Dakota, which has the dubious distinction of being the most lax when it comes to DUI penalties, there’s no minimum sentence for any DUI offenses (first or subsequent), and no provision at all for an ignition interlock device.

In California, the minimum sentence for a first-time DUI offender is two days in jail and 10 days minimum for repeat offenders. Felony DUI charges aren’t mandatory until the fourth offense, and there’s no statewide law requiring a mandatory ignition interlock device for a DUI offense.

As a frequent contributor to respected media, like The New York Times, The Los Angeles Times and Good Morning America, Los Angeles DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

June 3, 2015

DUI Driver Causes Demolition Derby

by Michael Kraut

Even when no one is injured, drivers involved in crashes related to DUI in Los Angeles can impact the lives of others in a fairly significant way. When an out-of-control motorist crashes into a home or another car, for example, the owners of those homes and vehicles have to spend time (and sometimes their own money) to repair the damages before they can resume their daily activities.

A man in East Windsor, Connecticut, has made life a little more difficult for no less than seven people—owners of the vehicles that he hit while allegedly driving under the influence on one Tuesday in May.

According to FOX CT, Jordan DeSousa, age 61, hit seven cars in two separate locations before police found him sitting behind the wheel of his pickup truck. DeSousa first smashed two cars in parking lot for Geisler’s Plaza, prompting numerous emergency calls to police. Even as they were responding to that scene, however, officers received reports that a truck had taken out another five vehicles in the parking lot of the next door merchant, Maine Fish. DeSousa, who was identified by witnesses, apparently caused so much damage to four of the vehicles that tow trucks had to haul away them away.

It could have been much worse, however; three people standing close to their vehicles jumped out of the way in time to avoid being struck.

DeSousa, who reportedly was drinking because his wife had just announced she was leaving him, had a blood alcohol content three times the legal limit. He faces charges of DUI, evading responsibility, reckless driving and reckless endangerment.
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.

May 29, 2015

City’s DUI Saturation Patrols Yield Six Arrests in One Weekend

by Michael Kraut

Angels Camp, California, may have a heavenly-sounding name but during the weekend of May 15-17th the behavior of drivers in the area was more on the devilish side. While six arrests for a Los Angeles DUI within a few days may not be surprising—LA does have more than 3.8 million residents—it is a pretty big number in a city like Angeles Camp, which has a population of less than 4,000.

A grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration paid for officers to conduct “saturation patrols” to look for DUI drivers. According to mymotherlode.com, those picked up under sweep included:

• Rodney OConnor, age 46. Police stopped him after he failed to stop at a stop sign. They found that he was driving under the influence.
• Officers arrested Robert Matt, age 46, for DUI after stopping him for crossing over a double yellow line.
• Coty Matulovich, age 28, didn’t have license plates on his vehicle and failed led to stop at a stop sign. When police pulled him over, they determined he was driving under the influence.
• Forty-four year old Carrie Lowe was driving on the left side of the double yellow line when police picked her up. After a brief investigation, they charged her with DUI.
• Burnt-out brake and taillights—and failure to stop at a stop sign—alerted police to a potential problem in the case of 32-year old Daniel Porovich. After the cops pulled him over, they determined he was DUI.
• Jessica Waite drove over the limit line on Live Oak Drive. Police tested the 29-year-old and charged her with DUI.

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.

May 20, 2015

Stairs More Deadly Than Motor Vehicles?

by Michael Kraut

Most people understand that someone who meets the criteria for a DUI in Los Angeles has a good chance of getting hurt if he or she gets behind the wheel. But people in Wisconsin–and perhaps in other states as well–are more likely to get hurt from falls when they’re under the influence than from driving a motor vehicle.

According to an article in the Madison, Wisconsin, Capital Times, officials recorded 349 deaths in Wisconsin from alcohol-related falls in 2012 (the latest year for which figures are available). Meanwhile, they recorded only 223 alcohol-related traffic deaths that same year. The Wisconsin Alcohol Policy Project (part of the University of Wisconsin Law School) gathered the data for this report.

The newspaper story notes that DUI-related fatalities in Wisconsin have declined significantly since 1979, when 593 people were killed in such crashes. By 2013, yearly fatalities had decreased to 185. Fatal falls related to alcohol, on the other hand, have increased by 36 percent since 2004.

The Wisconsin Alcohol Policy Project links this increase to the aging of Wisconsin’s population. Older people have continued to drink, even as they become less steady on their feet and/or take medications that make them more susceptible to alcohol’s effects.

There is one positive aspect to this development. Unlike DUI drivers, who can kill or severely injure several other people when they’re out on the road, someone who falls because they are intoxicated usually injures only themselves.

A recent study in the American Journal of Public Health identified Wisconsin as the hardest-drinking state in the country. In 2011, the annual alcohol consumption in the Badger State was 634 drinks per person for those over the age of 14. That compared to an average 468 drinks per person in the U.S.

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.