DUI Accidents

March 22, 2013

Fatal Malibu DUI Disaster: Woman Kills Tow Truck Driver and Leaves the Scene…

A woman faces felony hit and run charges for a fatal Malibu DUI crash that took the life of 40-year old tow truck driver.

According to local reports from KABC, the woman hit the driver, who was rendering aid to a stranded vehicle. She then fled the scene. She made it two miles before she smashed into a parked car by the Malibu pier.

Police took her to the hospital, and they later arrested her for DUI in Malibu as well as felony hit and run. The tow truck driver died at the scene. He had been working for Platinum Tow, a company based in Westlake Village. Police closed the PCH all night to deal with the aftermath of the accident. They reopened it around 5 a.m. the next morning.

If you or someone you love was recently arrested for similar crime — e.g. driving under the influence in Malibu or DUI elsewhere in Los Angeles — hopefully your situation was less tragic.

But even if you “only” face a misdemeanor DUI charge, you can still wind up with a substantial jail sentence as well as strict probation terms, mandatory alcohol education classes, a long-term California driver’s license suspension, fines and fees and court costs, and sundry other punishments. On top of that, you could also face the indirect consequences of these punishments, including jacked up insurance rates, trouble getting to work or school, ostracism and judgment from friends and family, and on and on.

And obviously your legal challenges can be much harder if you left the scene of the accident (committed a hit and run) or hurt someone in the crash. For instance, you might face a felony DUI in Malibu charge, pursuant to California Vehicle Code Section 23153. (Misdemeanor events are generally pursued according to a separate CVC statute, 23152.)

So where does this leave you?

First of all, take a break and give yourself a little compassion.

You’ve been through a tremendous amount of pain and stress. You obviously didn’t want to get in trouble or to hurt anyone. Even if you were involved in a serious wreck, you can begin today to set yourself on a path towards rehabilitation and cleaning up your life.

The team here at the Kraut Criminal & DUI Lawyers can help you make decisive, smart, and strategic plans to build your Malibu DUI defense.

Attorney Kraut is a former city prosecutor, who spent 14-plus years in the DA’s office and who rose to the position of Senior Deputy District Attorney. He is renowned in the Southern California legal community for his excellent work, aggressive service, and ethical, thorough treatment of cases.

February 25, 2013

Miscellaneous Los Angeles DUI News–Crazy DUI Induced Explosion on the 10 and Other Astonishing Stories…

by Michael Kraut

If you thought your Los Angeles DUI arrest was hair-raising, think again.

On February 7th, a DUI suspect fled police on the 10 and crashed into the sidewall after losing control of his red Mustang. The car literally exploded and burst into flames. The suspect had been fleeing police. Officers thought he was trying to hop onto the 60 East Bound or try I-5. The man would have almost certainly perished in the fire, but police bravely pulled him from the wreckage–saving his life after they risked their own to get him to stop driving recklessly.

Hopefully your Los Angeles DUI arrest was less fraught and drama filled.

Meanwhile out in Connecticut, 46-year-old Jeffrey Cull got arrested following a string of strange events, involving dumped shingles, laser engraving thievery, and tree hitting. According to local news reports from the town of Monroe, a woman saw a 2009 BMW smash into a tree near her house on a local route, 111. She called police, who found the driver and owner, Mr. Cull. He had a “strong odor of an alcoholic beverage on him.” Officers said that Mr. Cull did not cooperate and refused to answer questions. Local police put him through the paces of field sobriety tests, which he failed. He refused the breathalyzer test. In addition to the DUI charge, Cull faces charges for evading responsively in an accident, failure to hold his lane, and driving without auto insurance.

Hopefully, your Los Angeles DUI arrest involved neither your car bursting into flame nor your hitting a tree and then getting aggressive with police after the fact.

But no matter what happened, you are entitled by law to a sturdy defense. The team here at the Law Offices of Michael Kraut can help you understand what you might be facing and develop a strategic Los Angeles DUI defense based on deep knowledge of the law and practical experience.

Attorney Kraut knows how to help drivers like you. As an ex-prosecutor, he maintains excellent relationships with local judges, police officers, and prosecutors–all while providing his Los Angeles DUI defense clients with the highest service. Trust attorney Kraut and his team to guide you appropriately–to make informed decisions–and to avoid getting into further trouble or accidentally complicating your case.

February 18, 2013

Long Beach DUI News Update: Country Singer Randy Travis Pleads Guilty to DUI, Won’t Get Jail Time

by Michael Kraut

If you’ve recently been arrested for driving under the influence in Long Beach, odds are that you’ve been too busy to read the celebrity gossip news.

To fill you in… last summer, country singer Randy drove his Trans Am off the road in Tioga, Texas, smashed into barricades, and then emerged and fell asleep on the ground… naked! When police found him, they tested him for DUI. Not shockingly, he had a 0.21% BAC — nearly three times the legal limit for driving under the influence in Long Beach (and Texas, for that matter).

Travis also allegedly threatened police officers, netting him a retaliation charge.

Last week, a judge in Sherman, Texas handed down a sentence based on the singer’s guilty plea. Travis will face two years of probation on top of a $2000 fine and a suspended jail sentence of 180 days. In addition, he will need to spend 30 days in an alcohol facility and do 100 hours of community service. During the probation, he must install an interlock ignition device (IID).

If he violates terms, he will go to jail.

These punishments are above and beyond what the typical DUI defendant might get in Texas. According to a local district attorney, Joe Brown, Travis “will be unable to leave the [alcohol treatment] facility for 30 days. His fine and community service requirements are more than double what is usually received, and his probation term is the maximum available, and longer than the usual 18 months. All of that is appropriate in light of his behavior with the officers.”

Travis also made headlines when he placed himself in the middle of an argument between a woman and her estranged husband. Also, back in February 2012, police arrested him for public intoxication near Dallas.

Travis recently split from his wife and ex-manager of many years; undoubtedly he’s going through some super emotionally turbulent times.

And that brings us to a key issue that Long Beach DUI defendants need to know!

If you’re going through an emotional struggle, you are not alone. You may need help not only with your Long Beach DUI defense but also with the core problems causing the helplessness in your life that’s driving you to make bad decisions and self-medicate with alcohol or drugs.

Begin the journey towards healing and rehabilitation by connecting with a Long Beach DUI defense attorney at The Kraut Criminal & DUI Lawyers for a sensible, effective and free case consultation.

February 4, 2013

Jason London and Carmine Giovinazzo: A Tale of Two Celebrity DUIs

by Michael Kraut

Our Burbank DUI news blotter often rehashes intriguing stories about celebrities arrested for driving under the influence and other crimes.

We’re not trying to be a poor man’s “TMZ” — rather, we write to help defendants (and their loved ones) understand the law little better and to find resources and new ways of thinking about their DUI charges.

But nothing teaches better than a good story.

January 21, 2013

Serious Pasadena DUI Drama – Sacramento Man Says “Not Guilty” to Violent Hit-and-Run on Girlfriend, Her Companion, and Her Four Dogs

by Michael Kraut

As someone who’s recently been arrested for driving under the influence in Pasadena, you’re probably worried about being classified with far more aggressive, recidivist offenders in people’s minds. Maybe you’re a student at UCLA who just “did something stupid” after partying with friends out in Old Pasadena or having one too many drinks at the Cheesecake Factory. Or maybe you’re an executive who got arrested for Pasadena DUI unfairly (you believe) at a checkpoint.

In no way, shape or form does your case resemble the situation of Paul William Walden, a 31-year-old man who stands accused of driving into his girlfriend, a companion, and the girlfriend’s four dogs last July 16th. According to the Sacramento Bee, the accident – which occurred at 80 miles per hour (!) in broad daylight on a well-lit crosswalk – took the life of a 21-year-old man and killed all four dogs belonging to 23-year-old Gemily West. Last week, Walden pled not guilty to a spate of charges that included DUI, hit-and-run, vehicular manslaughter, and murder.

Walden had been a three time DUI recidivist.

The Sacramento Bee said he killed 21-year-old Harison Long-Randall, who was walking with Gemily and her dogs “in a well-lit Carmichael Crosswalk…witnesses said the car that hit Long-Randall and his girlfriend…was traveling at about 80 miles per hour and never slowed down before or after impact.”

The CHP arrested Walden several days after the accident. He had been driving under a suspended license. Since his arrest, he has been held in custody. Long-Randall’s parents, Chris and Gail, have attended all 18 hearings.

This is a very sad and difficult situation. We cannot obviously comment intelligently about the case without examining the evidence in detail. However, if you face a charge of driving under the influence in Pasadena, you may feel resentful that you would in any way be lumped in as somehow “the same” as someone who purposely ran over his girlfriend and her dogs and her companion at 80 miles per hour.

So what can you do?

One of the most resourceful steps you can take is to connect with an experienced Pasadena DUI criminal defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut spent a substantial part of his career (14+ years) working for the city as a prosecutor. He rose to the level of Senior Deputy District Attorney before becoming a specialist in criminal defense. He knows what prosecutors typically do in cases like yours, and he can equip you to make a precise and accurate defense.

Your life ever since your arrest has been undoubtedly difficult and disconcerting. But you do not need to struggle with your uncertainties alone. Get in touch with the Kraut Criminal & DUI Lawyers today for a free consultation about your best next steps.

October 8, 2012

Did a “Pink Elephant” Cause Your Long Beach DUI Crash, Too?

by Michael Kraut

Your recent Long Beach DUI accident and arrest was humiliating enough.

Hopefully, no one got hurt. And hopefully, you did not compound your woes by offering a preposterous explanation for your behavior, like 31-year-old Samuel Phipps recently did when Delaware State Police stopped him on I-95 and hit him with his seventh lifetime DUI charge.

The 31-year-old told State Police that he had smoked a kind of drug known as “wet” – which consists of a marijuana cigarette laced with the PCP – prior to taking a ride in his Land Rover the Friday night before last. As he cruised southbound on I-295, he hallucinated and thought he saw a pink elephant in the road. Thus spooked, he veered off into the guardrail near Route 141.

According to a Delaware State Police statement, the trooper who found Phipps interviewed the driver, who told him “that the accident was a result of… swerving to avoid an elephant he observed running in the path of his vehicle.”

Phipps was busted for his unlucky number seven DUI offense and hit additionally with the charge of driving without insurance. Instead of being sent to jail, he was committed to the Howard R. Young Correctional Institution and held on a bond of $21,000.

If, like Phipps, you’ve been hit with multiple counts of driving under the influence in Long Beach or elsewhere, you could be facing substantial jail time, even if you did not hurt anyone and prosecutors thus cannot charge you per California Vehicle Code Sections 23153(a) or 23153(b).

In fact, as your number of DUI arrest/convictions increases, so does the leverage of prosecutors.

If you get convicted for three DUIs within a 10-year span in California, for instance, your third DUI – which would ordinarily be a misdemeanor – can be charged as a felony count, even absent any other legal violations. Plus, other penalties get ratcheted up: you’ll face longer time in alcohol school, a longer license suspension, stricter/longer probation terms, more fines and fees, and likely a bigger spike in your auto insurance rates, assuming that you can still drive and carry insurance.

Of course, if you’re getting arrested three or four or seven times for DUI – or for other crimes – you may need more than the help of a good Long Beach DUI defense attorney. You may also need therapy to deal with other crises in your life that may be compelling you to take refuge in alcohol or medications.

The team at law offices of Michael A. DeMayo can help you appreciate what you might be up against and give you practical, sensible, actionable advice.

Learn more about Attorney Kraut’s background as a Harvard Law School educated former prosecutor here on our website, or connect with us now for a free, completely confidential evaluation of your Long Beach DUI case.

September 24, 2012

Burbank DUI Dangers: The New iPhone 5 is Great, but it Could Provoke DUI with Distraction Charges

by Michael Kraut

You just bought a new iPhone 5 — you want to immerse yourself in your new toy, not dwell on something somber, like Burbank DUI law.

But understand that cell phones and other personal digital devices can not only endanger your life (and the lives of other motorists) but the can also complicate your Southern California driving under the influence charges, especially if you hurt someone in a crash.

The iPhone 5 offers a fantastic bevy of features and updates – even if it isn’t as revolutionary and paradigm shifting as some of Apple’s other offerings from the past 5 to 10 years. There is a time and a place to explore those innovations. But behind the wheel is not that time or place!

In fact, if you text or update social media sites or “explore new apps” while driving, your risk for getting into an injury accident spikes substantially. In fact, research out of places like Virginia Tech and the National Highway Traffic Safety Administration suggests that people who text while driving are actually more dangerous than people who drive under the influence in Burbank and elsewhere.

The basic problem
When your attention is elsewhere – i.e., not on the road – your reaction time slows down.

We’re all used to the concept of “multi-tasking.” But humans did not evolve to multi-task. If you are typing in a number or a snarky tweet, your full attention is not on the road. Most of the time, that won’t matter. But if you have to make a sudden stop or deceleration or acceleration, you might lose several milliseconds – or even full seconds! – on your reaction time. And that loss of time can mean the difference between a safe trip home and a life ending catastrophe.

For instance, some studies suggest that steering capability decreases by over 90% when you text on your iPhone 5 (or other device). Another famous study out of Virginia Tech said that your risk of crashing increases by over 20 times (!!) when you text. Yet other research suggests that someone who is above the Burbank legal limit for DUI (0.08%) will have a reaction time decreased by around 12%; whereas a texting driver will have a reaction time decreased by 35%.

A big difference!

Driving under the influence and texting simultaneously can lead to DUI with distraction.

When you combine DUI with texting, you can create a super lethal cocktail – and you can also get into extra trouble with the law. Both DUI and texting/dialing your iPhone 5 can impede your reaction time and general thought process – but it’s unclear just exactly how much more dangerous this cocktail of behaviors might be.

Are the risks just additive? In other words… say your risk for getting into an accident increases by 10% if you text and 5% if you drive DUI. Does that mean your overall risk increases by 15% when you combine those behaviors? Or does the combination actually jack up your risk even more – by, say, 30%? Nobody knows, since science on the subject is pretty new.

Getting help
The team here at Burbank’s Kraut Criminal & DUI Lawyers can help you understand what you need to do to battle back against your charges, whether you have been hit with a DUI while distracted in Burbank charge or other DUI charges. Attorney Kraut is a former city prosecutor, and he can leverage his connections, intuition, and knowledge of the law to help you greatly.

September 19, 2012

Even President Obama Cannot Save Amanda Bynes from Los Angeles DUI Charges

by Michael Kraut

Actress Amanda Bynes, star of Easy A and What I Like About You, has encountered some serious Los Angeles DUI troubles.

The CA Department of Motor Vehicles officially stripped her license last week, and prosecutors also formally hammered her with double hit and run counts. Bynes allegedly caused two accidents:

One where she banged in the back of a woman’s Toyota and then drove off, after she unilaterally “assured” the woman that no damage had been done;
One where she smashed into a sheriff’s patrol car with her BMW.

If convicted, Bynes could face up to half a year in jail and a fine of $1,000… on top of the full year license suspension.

Bynes’ response to her April Los Angeles DUI arrest earned her an additional few 15 minutes of fame. First, she refused both the breathalyzer and field sobriety tests, claiming “I don’t drink.” Secondly, and perhaps more infamously, she twittered her case to President Barack Obama: “Hey @BarackObama… I don’t drink…. please fire the cop who arrested me. I also don’t hit and run. The end.”

Bynes has denied any wrongdoing, and she has accused critics in the media of “writing fake stories about me.”

Although many did mock Bynes’ press strategy after her Obama tweet, her angry/impetuous reaction is not uncommon. In fact, most DUI in Los Angeles defendants struggle to communicate their situation to friends, family members, co-workers/clients and the public at large. It’s easy to overreact or underreact — to allow your reputation problems to consume you and to fall victim to additional stress, anxiety and potential legal trouble.

The best antidote to the confusion/frustration is to get strategic representation from a respected Los Angeles DUI criminal defense attorney. Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers worked as a prosecutor of DUIs and similar cases for the city for nearly 15 years. Prior to that, he attended Harvard Law School.

His sharp but compassionate approach to DUI defense may be just what you need to get your life back in order and to deal with your myriad stresses and potential punishments.

August 29, 2012

Pasadena DUI News – Apparently, Lawnmower DUIs are Back in Style

by Michael Kraut

Hopefully, your Pasadena DUI arrest and charges were slightly less embarrassing than James David Gray’s.

According to The Gainesville Sun, the Floridian was busted for a lawnmower DUI earlier this month, when police officers saw him piloting his rented mower down the wrong way of a Florida street. The deputy who stopped Gray said that the man had a cold beer in his cup holder. He also allegedly confessed to having consumed 18 beers — apparently, his first alcoholic beverages in two years.

Gray’s breathalyzer test results were not particularly auspicious, either. While in police custody, he blew a 0.147% and 0.138% BAC, respectively. As dutiful readers of our Pasadena DUI blog know, the legal limit for a DUI here in Southern California is just 0.08% — even lower under certain special circumstances (such as if you are underage, etc).

So in addition to all the inglorious punishments you can face, including prison time, points on your driver’s license, suspension of your CA license, restrictive probation terms, fines, fees, bumps on your auto insurance, mandatory alcohol classes, and other dubious punishment, you also face indirect problems. For instance, say you’re at school — at UCLA or USC — and your license gets suspended. How are you going to get to class? How are you going to work or job? If you can’t get do those things, then how can you even exist out here as a student, employee, etc?

The degree to which you can successfully defuse your Pasadena DUI situation is to the degree to which you can gain control over vast swaths of your life, work, and future.

To that end, you need to choose your Pasadena DUI criminal defense attorney carefully. One of the reasons why so many people trust Michael Kraut of the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is that he is a former prosecutor: he spent 14 plus years “on the other side,” putting DUI drivers behind bars. He has also won great respect and admiration not only from his criminal defense clients but also from his legal peers – judges, prosecutors, etc. – past and present. Connect with attorney Kraut right now for a free and confidential case consultation to figure out what you can do to get out of your mess.

August 22, 2012

Forever and Ever Amen – Don’t Let My Long Beach DUI Aftermath Be As Embarrassing As Randy Travis’ Was

by Michael Kraut

Unless you’ve been hiding under a rock – and perhaps you have been busy following your own Long Beach DUI arrest – you’ve likely heard about the ridiculous and sad DUI tale of country icon, Randy Travis.

The 53-year-old was slammed with DUI charges in Texas, after police found him on the side of the road, completely naked. It’s been a bad decade for Mr. Travis, who divorced his wife and manager of three decades, Elizabeth Travis, back in 2010. He has since become embroiled in a lawsuit with her. In February, he was arrested after a Super Bowl party for public intoxication.

But none of the singer’s past embarrassments holds a candle to what recently happened – hopefully, his saga was far more dramatic than your own Long Beach DUI arrest.

Per reports from TMZ.com, someone discovered the country star lying nude on a Texas road near the town of Tioga. The witness described what he saw to 911 operators: “it looked like a deer at first, but as it came by it looked human. I want to say it was a white male, light brown hair, but I’m not sure so sure. I want to say he had no shirt on, but I don’t know. I want to stay in the vehicle.”

Travis apparently had also gone into a convenient store to try to purchase cigarettes – all while in the nude – but left because he didn’t have any money on him (probably not surprising, since he wasn’t wearing any clothing).

When police officers discovered him, he appeared to have the odor of alcohol on him and he showed other signs that could be considered classic symptoms of DUI in Long Beach or anywhere else. Unfortunately for the singer, when he was roused, he suddenly became belligerent, and he fought with police and even threatened to murder two of the Texas Troopers.

Not something you want to be doing!

So what will become of Randy Travis’s career and life following his DUI escapade?

Fortunately for the singer, at least some of his fans are standing beside him. One fan actually posted his bail of over $21,000. Another fan gave Travis a Texas Long Horn’s hat to help “re-clothe” the crooner. Obviously, it’s impossible to discern more details about the case without investigating it closely – or at least waiting for the investigation to be done. But do remember that Travis likely still has lot of options at his disposal to rehabilitate himself, clean up his image, get his life back together, etc.

You need to recognize this reality for many reasons. First of all, if you’re currently struggling with a Long Beach DUI charge, you’re likely pretty scared and depressed and confused. You might feel like things are never going to get better – that you can’t see the light at the end of the tunnel. Recognize that people have almost certainly come back from far worse things than you have experienced. People have come back from lengthy jail sentences, bankruptcy, personal devastation, etc, to lead happy, compassionate, long, healthy, and fulfilling lives.

The key lies not in solving your problems all at once but in making incrementally better decisions and charting a course for self growth and self improvement.

To that end, you might find it very useful to consult with attorney Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers. Not only is Michael Kraut an experienced Long Beach criminal defense attorney with a track record of success and a Harvard Law School education, but he is also a compassionate guy who wants to understand your situation and help you as a person.

Mr. Kraut spent over 14 years of his life as a prosecutor of DUI crimes and other crimes in Los Angeles, so he is no “softie.” On the other hand, his versatile experience gives him a very novel perspective on his challenges of DUI in Long Beach and elsewhere.