Driving Under the Influence

May 13, 2015

You Don’t Need a Car for a DUI Arrest

When police arrest someone for a Los Angeles DUI, the suspect is usually driving something like a sedan, an SUV, a motorcycle or a truck. But that doesn’t mean that DUI arrests are limited to people driving this type of motor vehicle. The three people mentioned below could tell you that the determining factor is not what you drive but what your blood alcohol content is when you’re driving it.

In Clay City, Kentucky, police arrested 57-year-old Billy Strange for driving a lawn mower while intoxicated. Strange was moving along Third Street around 10 p.m. on the night of Friday, May 2, when police pulled him over. His blood alcohol content was .151—well above the state’s legal limit of .08.

Then there was Jay Doyle Wallace of Rogersville, Tennessee. Police found him at the scene of an accident on Highway 70 north on April 11th. But he hadn’t wrecked a car—Wallace was driving an Agco Allis farm tractor at the time. He claimed the accident had been caused by another vehicle swerving into his lane of traffic. Police charged Wallace, who had two prior DUI arrests, with a third-offense DUI, failing to exercise due care and violating the state’s implied consent law, since he refused a blood alcohol content test.

But a 40-year-old man from Scotland may have the distinction of most unusual DUI in recent months. Officers found Paul Hutton driving a pink child’s Barbie car down a road in Clacton-on-Sea in Essex at 10 p.m. at night. Hutton said he had been drinking while customizing the car for his son, and he didn’t realize he was over the limit when he decided to drive over to a friend’s house to show off the vehicle. (His BAC was twice the legal limit.) Since it was Hutton’s second DUI (we assume the first was for driving a regular vehicle), he lost his license for three years.

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.

May 4, 2015

More Arrests for Stoned Driving? Cannibuster Could Make It Happen

by Michael Kraut

Testing drivers for an alcohol-related DUI in Los Angeles is a relatively straightforward process that may involve a breathalyzer and blood tests. But when pot is a driver’s choice for getting high, it’s been a lot harder for police to identify just how much cannabis is in a driver’s bloodstream and what constitutes impairment.

Two biomedical engineering graduate students from the University of Akron in Ohio claim to have solved that problem. According to CBS News, Mariam Crow and Kathleen Stitzlein said they’ve invented a “Cannibuster” that can quickly gauge the amount of THC-the psychoactive ingredient in pot–in someone’s system.

The Cannibuster measures THC levels through a saliva sample taken from a suspected impaired driver and passed through a series of chambers before yielding a reading. Colorado and Washington, two states that have legalized the use of marijuana, have established five nanograms of THC per milliliter of blood as the threshold for impairment. Police now rely on blood tests to measure the THC levels, but there’s been no good way to take a reading when they pull over a driver suspected of DUI.

The Cannibuster researchers have received grant money to continue refining their device, and hope to conduct field tests later this year.

Even if the technology proves effective, however, there’s likely to be some controversy ahead. For one thing, it’s not clear how valid the current THC limits are in actually determining if a driver is impaired due to pot. According to an article in the New York Times last year, European studies suggest that the five nanogram threshold is too high, and that a better limit would be closer to one nanogram THC per milliliter of blood.

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.

April 22, 2015

Could Drinking Too Little Get You Arrested for a DUI?

by Michael Kraut

Getting caught driving after you’ve had a few too many drinks could land you in jail on a charge of DUI in Los Angeles. But apparently you could also be in trouble, at least as far as your driving abilities, if you drink too few non-alcoholic beverages before you hit the road.

Researchers at England’s Loughborough University found that motorists who were even mildly dehydrated made as many mistakes while driving as those whose blood alcohol content measure over the .08 mark. The study measured the responses of drivers who had only 25 millimeters (about .8 ounces) of water an hour.

Quoted in the British newspaper The Telegraph, Professor Ron Maughan said “There is no question that driving while incapable through drink or drugs increases the risk of accidents, but our findings highlight an unrecognized danger and suggest that drivers should be encouraged to make sure they are properly hydrate.’

According to the Leicester Mercury, too-thirsty drivers made 101 mistakes such as lane drifting, lane braking and touching or crossing lane lines. The number of mistakes went down to 47 when they drank sufficient water, which researchers said is about 6.8 ounces of water per hour.

This was the first study of how dehydration can relate to driving errors and accident risk, according to Maughan, who served as leader of the study and emeritus professor of sport and exercise nutrition at Loughborough University. Other effects of dehydration included impaired mental functioning, changes in mood, and reductions in concentration, alertness and short-term memory. (That does sound a lot like the effects of too much alcohol.)

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.

April 15, 2015

No Class Action Suit for Questionable DUI Arrests

by Michael Kraut

People involved in Los Angeles DUI cases–and in DUI cases across the country–often allege that the cops who have charged them have lied about the evidence that was used against them. Whether that’s true or not, drivers in Utah won’t be getting the chance to collectively make their case against one former state trooper.

The Utah case involves former Highway Patrol Officer Lisa Steed, honored in 2007 as the State Trooper of the Year but later fired after two judges found that she had lied in court and falsified reports in her DUI arrests. Steed made more than 1,000 such arrests in the course of her 10-year career with the department.

In December 2012, attorneys for three Utah motorists proposed a class action suit against Steed and the Utah Highway Patrol. They argued that Steed’s improper behavior had harmed hundreds or even thousands of drivers arrested for DUI, and that those drivers should be allowed to band together to sue her and UHP.

But Second District Court Judge Michael Allphin ruled in April that the circumstances of each DUI case were too unique to allow everyone arrested by Steed to become part of a single lawsuit. According to KSL.com, the judge wrote in his decision that “The proposed class members’ traffic stops occurred over a period of several years, at various locations, at different times of the day, and for differing reasons. These differences must be considered when determining whether reasonable suspicion and probable cause existed under the totality of circumstances of each traffic stop.”

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.

April 13, 2015

Driving High Could Get You a DUI

by Michael Kraut

California’s police officers don’t yet have to worry about issuing a DUI in Los Angeles for someone who is driving erratically after legally smoking marijuana in the state. (They’ve undoubtedly arrested many for that offense who have been smoking it illegally.)

But Colorado, which became in 2012 one of the first two states to legalize pot for recreational purposes (the other was Washington State), is apparently dealing with that problem. The Colorado Department of Transportation launched a public information campaign last year that reminds motorists that being impaired by any drugs–not just alcohol–could land you in jail on a charge of DUI. CDOT calls it drugged driving.

Although much of the campaign’s material focuses on marijuana impairment, CDOT officials also want to reinforce the message that driving with any kind of drugs that cause impairment–including prescription medicines–could lead to a DUI arrest. CDOT is using posters and radio and television public service announcements to get its message out to drivers.

In 2013, 627 drivers in Colorado were involved in 481 traffic accidents that resulted in a fatality. More than 21 percent of those drivers–103–were what CDOT calls drugged drivers. Thirty six of them tested positive for cannabis alone; another 10 tested positive for pot and some other drug.

Of course, California cops and the California Department of Transportation may want to be taking notes. If pro-legalization forces have their way, voters in the state will have another chance to vote on legalizing cannabis in 2016. The California electorate rejected legalization of pot in 2010, but many observers give it a much better chance of passage this time due to the more widespread acceptance of marijuana usage in the U.S. today.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

March 18, 2015

Better Call the Right Cab If You’re Worried about DUI in Los Angeles

by Michael Kraut

Motorists who know they’ve had too much to drink do the right thing when they call a cab to take them home. But if they get into the wrong cab, they could end up talking to a Los Angeles DUI lawyer, not as a client but as a witness.

Television station KSBY, which serves California’s central coast, reported in early March that taxi driver Christel Mona Wikstrom is facing DUI charges after smashing into parked vehicles at the Chumash Casino in Santa Ynez Valley. Wikstrom’s taxi, a white Toyota van, damaged three cars. According to police, the cab driver’s blood alcohol content at the time of the incident measured more than twice the legal limit.

Of course, cab drivers are human, and they make mistakes just like everyone else. A Google search reveals multiple incidents of cab drivers in various states arrested for DUI over the past year. Last July, a Bluegrass Taxi driver in Lexington, Kentucky, William Maddox, started talking to police at a convenience store where he had just bought beer. It didn’t take officers long to realize that the cab driver was too impaired to drive.

Ironically, the police had been searching for an hour for this driver after receiving reports of his erratic driving, but they had not been successful in locating him. They might not have even stopped Maddox if he hadn’t approached them and started a conversation. Maddox’s slurred speech and the smell of alcohol that emanated from him alerted the officers to his condition.

Despite these arrests, calling a cab is always a better alternative than attempting to drive when you’ve had too much to drink. California law treats drivers convicted of DUI harshly, with fines, penalties, suspension of driver’s license and sometimes jail time as well.

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.

March 16, 2015

Suspected DUI Driver Rockets Down Interstate the Wrong Way, Nearly Kills 20 Year Old Woman

by Michael Kraut

Driving under the influence is never the right way to travel, and sometimes that lesson is quite literally true. Even an experienced Los Angeles DUI attorney could have difficulty making a case for someone who decides to drive along an interstate highway while under the influence—especially when that driver is headed in the wrong direction.

According to the Illinois News Gazette, police officers managed to stop 60-year old Michael Jay Nolan from driving west in the eastbound lanes of Interstate 74 in Champaign County. The alleged DUI driver had traveled five miles in the wrong directions, from Ogden to St. Joseph, before a sheriff’s deputy was able to get his pickup truck to stop.

Considering the distance that Nolan covered, it’s fortunate that he forced only two drivers off the road during his wrong-way drive. A 20-year-old woman, Ashley Lurry, ended up in the median after meeting up with Nolan in her Chevrolet Cobalt. She and her passenger received treatment for minor injuries at a nearby hospital.

A Toyota Camry driven by 61-year-old Denise Chestnut landed in a ditch after swerving to avoid a head-on collision with Nolan’s truck. Although her Camry may never be the same—and Chestnut will probably never forget the sight of the headlights coming towards her on an expressway—she wasn’t injured.

Police were able to stop Nolan about 15 minutes after they received the first calls from frantic motorists alerting them to the problem. Nolan received tickets for illegal transportation of alcohol and improper lane usage—not his biggest problems, since the police also charged him with DUI.

One thing that Nolan and the two other drivers did right, however. According to the paper, all of the people involved had buckled up before they hit the road.

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.

March 11, 2015

From Shootings to Los Angeles DUI Arrests, Cops and Witnesses Don’t Always Get It Right

by Michael Kraut

A recent shooting of an unarmed homeless man by members of the Los Angeles Police Department shows why it’s essential that anyone who is arrested for a Los Angeles DUI get good legal representation right away. Police officers can make mistakes, and eyewitnesses don’t always see or hear everything that really happened.

Nobody disputes the basic facts of a recent Los Angeles shooting. On March 1, a homeless man (later identified by the nickname of Africa) was killed during a struggle with four police officers. The man was on the ground when the shots were fired.

The police department said that the officers had already tried to subdue the man with a taser, and it hadn’t worked. Then the man had grabbed a gun from one of the officers during the arrest, and that’s when the other officers opened fire. The eyewitness claimed that he didn’t see that grab and questioned the cops’ decision to shoot an unarmed man who was already tased and on the ground.

But the whole incident was caught on a nearby surveillance camera, and CNN had a forensic expert look at the footage in slow motion. His analysis suggests that the man did indeed reach for the gun. Surveillance footage also showed that the man had been involved in a violent struggle with another homeless person earlier in the day.

So what really happened that day? Different people on the scene–all believing that they are telling the truth–will give you varying answers. It’s going to take a while to sort it all out.

The same thing can happen when somebody is arrested for DUI. No matter what the police and other bystanders think they saw, the truth may be something different–and it’s a good idea to have someone who understands all the legal ramifications available to help.

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.

February 23, 2015

Research Suggests an Intriguing Reason for Why People Do Stupid Things While DUI in Los Angeles and Elsewhere

by Michael Kraut

One of our recent blog posts covered some strange Los Angeles DUI stories, and today’s tale isn’t any less bizarre. On February 17th, an Australian man presented at a local hospital with a deep chainsaw wound that he had allegedly caused himself.

After accidentally cutting his hand with a chainsaw, Timothy Woodrow stitched the wound at home and doused it in gin before taking a few swigs for the pain. He attempted to drive himself to the hospital while intoxicated. Police pulled him over for neglecting to stop at a stop sign. When they tested Woodrow’s BAC, they found he was significantly over the legal limit and arrested him.

Alcohol and Judgment

What makes strange errors of judgment so frequent with DUI cases?

New research into alcohol’s effect on the brain indicates that the same reaction that causes impaired judgment is also responsible for slowing the brain’s “alarm signal” response. This response alerts other parts of the brain that something is wrong.

Researchers measured participants’ moods, perception, and accuracy while performing computer tasks under the influence. Results showed that the affected participants made little effort to correct or avoid errors. The researchers found that alcohol’s influence on the brain doesn’t actually reduce its ability to recognize mistakes, but instead affects the ability to care about them. Participants in the study simply didn’t feel bothered by the mistakes they knew they were making.

Perhaps this is why people sometimes find themselves apologizing to friends the morning after a night of drinking. This may give some insight into why people insist on driving when they know they’ve had too much to drink. An individual may recognize that driving would be a mistake, but he or she feels confident that “everything will be fine” and gets behind the wheel anyway.

If you made a mistake, and police arrested you for a DUI, seek experienced counsel to respond to your charges. Call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

February 20, 2015

What Happens After a Los Angeles DUI: The Long-term Picture

by Michael Kraut

Los Angeles DUI attorneys completely understand the long-term impact of a DUI conviction. Every case and every individual faces different repercussions. One person may bounce back from a conviction with help from a supportive community. Others face being ostracized and having difficulty finding work and building meaningful relationships.

Long-term consequences include:

• Employment difficulties. Any convictions appear in background checks, and they may preclude you from obtaining gainful employment. DUI convictions, in particular, can immediately disqualify an individual from the hiring process. Fighting a conviction with a full-time job means missing work for court dates and addressing other legal hurdles.

• Increased financial burden. DUI sentencing normally includes some form of pecuniary obligation. Lawyer fees, court fees, sentencing fines, and increased auto insurance costs affect individuals who are convicted in the short- and long-term. Insurance companies place those convicted of DUIs in high risk categories with high rates for years into the future.

• Inability to drive. Driver’s license revocations make completing daily tasks more difficult for anyone who does not live near public transportation. You may have to rely on others for social and work transportation. This consequence often carries over into other areas of life, causing frustration and other emotional challenges.

• Difficulty maintaining relationships. A DUI conviction can forever change both personal and professional relationships. Your professional reputation may suffer, and relationships with colleagues and superiors may change. You may experience incessant worry from friends and relatives. Relationship challenges may arise even without a conviction. The emotional burden of a conviction can potentially cause you to feel judgment and insecurity, even in supportive relationships.

You may lose trust with friends, employers, and family members. Some people face the full extent of social and economic consequences after a conviction, making it easier to become a repeat offender and perpetuate the cycle.

To respond effectively to your charges, call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.