DUI Checkpoints

March 9, 2014

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

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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February 10, 2014

Sheriff Accused of Driving DUI Rolls Over Pickup Truck with 4 Kids Inside…

by Michael Kraut

People who are intimately familiar with the dangers of Los Angeles DUI (or DUI anywhere) can still make horrendous mistakes – mistakes which can kill people and traumatize whole communities. Some people make bad mistakes, which, miraculously, do not lead to serious harm.

Fortunately for Utah Sheriff Lieutenant, Jake Adams, his recent DUI crash falls into the latter category.

The 39-year-old Adams, who’s worked at his local Sheriff’s Office since 1988, rolled over his Sheriff’s vehicle — a F150 pickup truck — with all four of his kids inside! According to the Utah Highway Patrol, Adams had been driving on Route 17 near the community of La Verkin at around 4:30 in the afternoon, when his vehicle suffered a “slow speed rollover.”

Todd Royce, a sergeant for the Utah Highway Patrol, reported on how the accident occurred: “Adams drifted off the right shoulder and then overcorrected back to the left. The truck left the roadway and went down a dirt embankment in a sideways slide.” The pickup then flipped onto its hood. Adams suffered a slight injury to his head (a red gash on his forehead), but the children (aged 8 to 14) remarkably made it through the incident without injury.

Police arrested the lieutenant for DUI as well as for making an unsafe lane change and carrying a gun while under the influence.

As Lieutenant Adams probably knows, the immediate hours and days after a DUI charge can be the most pivotal, from a legal point of view. Prosecutors often “jump the gun” and file DUI cases prematurely, prior to collecting enough evidence. An ex-prosecutor — with a thorough and detailed knowledge of how the government typically goes after DUI defendants — can advise you and make sure you follow best practices.

Understand that a California law enforcement agency may not file a DUI charge immediately. Just because you haven’t yet been charged doesn’t mean you’re in the clear. Police may just be doing a thorough investigation to amass as much evidence as possible before charging you.

No matter where you are in your “post Los Angeles DUI journey,” it can behoove you tremendously to connect with an experienced former prosecutor at the Kraut Criminal & DUI Lawyers today to go over your defense options. Michael Kraut is a Harvard Law School educated attorney who’s racked up an impressive 99%-plus success record at jury trials. He maintains excellent relationships with his former prosecutorial colleagues as well as with judges and police officers in L.A. County.
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January 13, 2014

Not All Beverly Hills DUI Stories End Like This (Police Officer Saves DUI Man Who Drove Car into a Pond)

by Michael Kraut

As someone who’s recently been arrested for DUI in Los Angeles, you probably have a negative opinion towards the police right now. As you reflect on the night (or day) of your arrest, you may ruminate about the punishments on deck for you, possibly including:

• Suspension of your California driver’s license;
• Forced installation of an Interlocking Ignition Device (IID) in your car or truck;
• Fines, fees, legal fees, and other sundry costs;
• Forced alcohol school;
• Restrictive probation terms;
• Jail time;
• Major spikes in your auto insurance premiums;
• Etc.

Consider, though, a tremendous story out of South Carolina. A Sumter police officer dove into a freezing pond to rescue a DUI driver, who had driven his vehicle into a pond. Officer Quentin Eley saw several cars gathered by the side of Second Millpond Bridge flashing their hazard lights. He approached and discovered that a car had driven into the water, and a person was trapped inside.

Officer Eley then made a daring decision to strip off his protective equipment and dive into the freezing pond, where he rescued 38-year-old Ioan Marcell Cimpean from what would have almost certainly been a drowning death. (Cimpean did not need any treatment at the hospital; authorities subsequently sent him to a local detention center on a DUI complaint. Cimpean secured his release, after paying a $2,267 bond.)

The Chief of the Sumter Police, Russell Roark, sung Officer Eley’s praises “he dove into the water without regard for his own safety… he was able to open the door and find Mr. Cimpean… for someone to take off their weapon and as much of their equipment as they can, and dive into freezing cold water to save somebody, it’s hard to put into words how proud I am actually of him and of the Sumter Police Department.”

This isn’t to say that the Beverly Hills police officer who arrested you for DUI was a hero. Police officers – like everyone else – can make egregious mistakes and even intentionally do things wrong to complicate DUI cases. However, it does illustrate the depth of humanity that many officers have… and the lengths to which good people will go to serve and protect.

If you’ve been struggling with Los Angeles DUI charges, what are your next steps? Will you go jail? What kind of defense can you put up? For help about answering those questions, connect with Harvard Law School educated, ex-Deputy District Attorney, Michael Kraut, today for a free consultation about your legal needs.

January 6, 2014

Will Your Burbank DUI Arrest Ruin Your Acting, Singing or Modeling Career?

by Michael Kraut

Maybe your Burbank DUI arrest came just a few months after you moved into the Oakwood Apartments complex to kick off what you’d hoped would be a wonderful, enduring acting career.

Or maybe police stopped you on Olive Boulevard, late at night, while you were driving back from your “best audition yet.” In either case, you’re worried about what your Burbank DUI charge might mean for your acting, modeling or singing career.

In Hollywood, brand management is crucial. You need to be able to sell yourself, not just so agents and managers will pay attention to your work (and casting directors will call you back), but also so that your audience will cheer you and look at you in a good light.

It’s one thing for an already established actor, like Lindsay Lohan, to collect a string of Los Angeles DUIs. That’s not necessarily good for her career, but she already had cache that she could afford to “burn off” and remain viable as an acting commodity.

But if your name is associated with a Burbank DUI arrest (or, worse, an injury accident punishable as a felony under California Vehicle Code Section 23153), your career can be stunted. (It’s not as if casting directors and executive producers don’t know how to use Google!)

Your carefully wrought (and expensive to edit) personal home page may come up as the top result in Google, when someone Googles your name? But do you really want result #2 to be along the lines of “24 year-old Janie McBanie was busted for Burbank DUI Thursday. The aspiring actress and comedian smashed her Toyota Corolla into a telephone poll on Olive and tried to scratch the arresting officer with her nails.”

Unfortunately, you can’t turn back the clock. What’s happened has happened.

But you can be judicious about how you defend against your Burbank DUI charge.

When you retain our Burbank DUI defense lawyer, we will immediately go to work for you to collect evidence and advise you strategically. For instance, we can represent you at your DMV hearing and help you deal with the suspension of your California driver’s license. (If you can’t drive, it’s hard to book auditions and jobs).

We can challenge evidence, such as your breath test results, and answer all of your questions and concerns throughout the process. You have so much potential. Don’t let your Burbank DUI charges threaten your ability to do good work. Let the team at the Kraut Criminal & DUI Lawyers help you.

December 23, 2013

What If Your Beverly Hills DUI Never Happened?

by Michael Kraut

You recently got a Beverly Hills DUI charge. Ever since the cops’ red and blue flashing lights went off in your rear view mirror, you’ve been preoccupied with “what’s next?”

For instance:

• Will I have to go to jail? If so, for how long?

November 27, 2013

Los Angeles DUI Attorney Blog Analyses Ambitious New NTSB Guidelines

by Michael Kraut

In a recent blog post, this Los Angeles DUI defense blog summarized some of the dramatic anti-DUI recommendations proposed on May 14th by the National Transportation Safety Board (NTSB). The Board, together with groups like Mothers Against Drunk Driving (MADD), wants states like California to institute a rash of enforcement and policy measures, including:

• Mandatory interlock ignition installation for anyone convicted of DUI;
• More research on administrative license revocation (which lets police seize your license during an arrest);
• Most dramatically, lowering the DUI legal limit from 0.08% to 0.05%.

According to uncontested statistics, 30% of all fatalities on U.S. roads are tied to DUI driving. Three decades ago, 21,000 people annually lost their lives to DUI. That number has plummeted to around 10,000 deaths a year. That’s still 10,000 too many, but we’re certainly headed in the right direction.

President Obama has gotten behind strong anti-DUI laws. Since he committed to making U.S. roads safer, we’ve seen a substantial national decline in DUI accidents. But when taken in international context — over 100 other countries on the planet have DUI limits of 0.05% BAC or lower — our current laws and Los Angeles DUI limit of 0.08% seem downright lax by comparison.

Bill Maher sarcastically tweeted: “Nanny-staters, enough! Now they want to lower the legal blood alcohol limit from 0.08 to 0.05? I’m just glad George Jones isn’t alive to see it.”

But is there another side to this story?

Unsurprisingly, the American Beverage Institutes does not like the NTSB recommendations.

The group worries that lowering the BAC way down to 0.05% would criminalize perfectly responsible behavior. Depending on your height, genetics, metabolism, sex, and dozens of other factors, you could reach 0.05% after just one drink!

On the surface, the NTSB recommendations sound smart. They could very well save lots of lives, if they were implemented effectively. But would the recommendations create more criminals? Would they criminalize normal and safe behavior?

Furthermore, are we focusing too much on Los Angeles DUI behavior? Why not crack down on people who chat and text on their cellphones while driving — or who drive while extremely fatigued? After all, many studies (such as a famous one done at Virginia Tech several years ago) suggest that texting while driving is actually MORE dangerous than driving DUI in Los Angeles.

Should texters be given the same punishments as DUI drivers? Should they be forced to spend years behind bars, pay thousands of dollars in fines, go through “texting behind the wheel rehabilitation” programs, and so forth?

This blog obviously cannot resolve or even articulate all the challenging questions raised by the NTSB recommendations. That said, you’re probably less interested in this general discussion and more keen on getting practical help with your DUI arrest and defense.

Look at the team here at Kraut Criminal & DUI Lawyers for sensible, sensitive insight into your case. Call attorney Kraut and his team to help structure a DUI defense today.

November 1, 2013

Beverly Hills DUI Quiz: Are These Crazy DUI Stories Real or Made Up?

by Michael Kraut

Beverly Hills DUI stories have a reputation for being pretty outlandish. The real-life antics of movie stars like Lindsay Lohan and Mel Gibson – along with the strange, wild behavior that we’ve catalogued in hundreds of posts — speak to our weird collective proclivities.

Let’s test your mettle: try to figure out which DUI stories are true and which are false.

1. Son and both his parents all separately arrested for DUI on the same day.

A family in South Canterbury scored the ultimate DUI trifecta. The 15-year-old son got arrested at 12:15 a.m. for DUI, testing at nearly 3.5 times over the legal limit. Police took him to the station, where he called his mom. While on her way to the station to pick him up, the mom was stopped and busted for DUI (nearly twice the legal limit). She then called her husband, who came to get both offenders. The husband in turn was stopped and arrested for DUI!

2. 49-year-old Wisconsin woman called the police on herself after calling 911.

The dispatcher asked her if she was driving behind a DUI driver. She responded: “no, I am them.” BAC tests later showed that she had twice the legally acceptable amount of alcohol in her system.

3. Vermont man charged with DUI after letting his dog drive his pickup.

A 39-year-old farmer and dog trainer in rural Vermont rigged his truck so that his dog could operate the vehicle. Unfortunately, police spotted him “training” the dog on a rural road and found that the erstwhile owner had a BAC of nearly 0.20% — nearly three times the Beverly Hills DUI limit!

4. Woman claims that she couldn’t have been DUI because she is a “breatharian.”

Police in Arizona arrested a woman for driving under the influence – testing her to have a BAC of 0.12%. She denied the charges, claiming that she couldn’t have consumed alcohol, since she lives off of only air and sunlight. This bizarre “diet” – known as breatharianism — has a rich, chequered history going back thousands of years. (It’s obviously impossible, since the human body cannot survive for more than a few days without water or more than a few weeks without food). But the woman may have been the first breatharian ever arrested for DUI.

5. Student arrested for DUI while dressed as a breathalyzer test.

Irony alert! A student in Ohio got arrested for DUI while dressed as the very test that he later failed (he blew a 0.158% — nearly twice the Beverly Hills DUI limit). His costume different drunkenness levels including “boring,” “life of the party,” and “sotally tober.”

6. Police officer singlehandedly arrests 18 different people (in different cars!) for DUI.

In the outskirts of Dublin, an officer was tired of taking flak from patrons at a local pub.

Many people in the pub apparently knew the police officer since he was a child and didn’t respect his authority. To mess with them, nearly two dozen patrons decided to leave the pub at once (while DUI) and drive away. Rather than call back-up, the officer proceeded to find and ticket each one of the drivers.

If you need help deal with your Beverly Hills DUI case, connect with an experienced and highly respected attorney at the Kraut Criminal & DUI Lawyers for a free consultation.

ANSWER KEY:

1 (true); 2 (true); 3 (false); 4 (false); 5 (true); 6 (false)

October 28, 2013

Horrendous Hollywood DUI News: Barbara Walters’ Daughter Busted with 0.218% BAC

by Michael Kraut

Some breaking Hollywood DUI news.

Jacqueline Walters Danforth, the 44-year-old daughter of recently retired news anchor Barbara Walters, was recently arrested for DUI in Naples, Florida. According to reports from the New York Daily News and TMZ, Jacqueline and her boyfriend had been driving a Honda Pilot on the highway, when police stopped them for driving without their lights on.

Police described a volatile encounter with Jackie and her male passenger, who appeared to be extremely under the influence. As the police arrested the boyfriend, Jackie apparently “began shouting,” prompting the arresting officer to take action. In his report, he wrote “I was afraid the suspect might run into traffic on the highway, so she was taken to the ground due to her unpredictable behavior, and then secured in handcuffs.”

When the now 44-year-old was a teenager, she got into lots of trouble. She even appeared with her mom on several TV specials to discuss her issues, in the hopes that other parents and troubled kids could learn lessons.

Per the police report, Jackie’s breathalyzer test result was 0.218%. For those of you keeping score, that’s more than 2.5 times (!!) the limit for DUI in Hollywood or anywhere else in California. Shortly after her arrest, she paid her bond of $1000.

Jackie is Barbara Walters’ child with her second husband, Lee Guber. Walter, who discussed Jackie’s difficult childhood and substance abuse issues in her biography, just retired from TV journalism as the host of The View, after a 50-year broadcast career.

Lessons for Other Hollywood DUI Defendants
Being a child of privilege or celebrity does not inoculate you from stress, pain, and bad decision making. In fact, anecdotal evidence (at least) supports the idea that children brought up in the spotlight – i.e., kids who have extremely famous parents – face extra challenges and pressures that can lead to bad decisions and dangerous behavior.

Examples abound. Think about the high profile Los Angeles DUI arrests of people like Lindsay Lohan and Mel Gibson. Or consider the Los Angeles lewd conduct charges against famous grown up child stars, like Macaulay Culkin and Nick Stahl.

The point is that many people arrested for driving under the influence in Hollywood (or elsewhere) deserve kindness and help. Everyone experiences rough spots. And everyone deserves a chance to make amends.

The big question is: how do you do that, safely, ethically, and legally?

In other words, what should you do about your Hollywood DUI charges?

Every case is different. Fortunately, an experienced lawyer at the Kraut Criminal & DUI Lawyers can help you. Mr. Kraut is an ex-prosecutor (14 plus years as a Deputy District Attorney) who maintains close relationships with his ex-prosecutorial colleagues and judges. Connect with attorney Kraut today for insight and a free case evaluation.

October 9, 2013

Uncommon Facts about Los Angeles DUI

by Michael Kraut

As someone who’s hoping to defend against a Los Angeles DUI charge, you need solid, objective facts.

According to one survey from 10 years ago, 1.4 million drivers on U.S. roads get busted for DUI annually, and crashes that are “alcohol related” lead to $45 billon of damages a year.

Mothers Against Drunk Driving (MADD) reports that over 100,000 people died in alcohol related crashes between 2000 and 2005. Of course, the definition of “alcohol related” is somewhat misleading. A crash can be considered “alcohol related,” even if the driver who caused the accident had not been drinking. For instance, let’s say you consumed a few drinks (not enough to be over the legal limit for DUI in Los Angeles of 0.08%). Then a sober driver blew through a stop sign and hit your car. That would be an “alcohol related” accident, even though the sober driver caused it, and you weren’t over the limit.

Of course, unsurprisingly, drivers who are under the influence are much more likely to cause these crashes – one large study found that fewer than 70% of sober drivers caused their collisions, while 94% DUI drivers were deemed responsible.

If you drive at more than twice the legal limit (say, 0.16% BAC), you’re 300 times more likely to get into a crash that kills someone that you’d be if you were sober. A “sobering statistic,” if there ever was one.

Alcohol is not the only factor that can lead to dangerous driving.

A lack of sleep, distraction, drugs, prescription medications, and even negative volatile emotions scan all radically escalate your likelihood of getting into a serious collision. Some studies even suggest that certain common activities may be way worse than driving under the influence.

For instance, one Virginia Tech study from several years ago found that truckers who texted were something like 21 more times likely than non-texting truckers to get into collisions. That means, perhaps, the texting while driving is even more dangerous than DUI driving.

Of course, the stigma against texting is nothing compared to the stigma against DUI driving.

Even though it’s not legal to text while behind the wheel in L.A., look around the next time you come to a stoplight on the corner of Wilshire and Fairfax (for instance). You will likely see at least one driver buried in his or her phone.

Technically speaking, why does DUI create such risk? Alcohol does multiple things to your capacities, none of them good:

• It inhibits co-ordination. If you see a deer or bike rider dart in front of you, you need to coordinate your body to avoid hitting that animal or person. But if you’re under the influence, your coordination is more slack, so you’re at greater risk for a collision;
• Alcohol damages your judgment. How fast is too fast on the road? It is that a stop sign or a yield sign? Your ability to make judgments like these are mission critical. Unfortunately, alcohol can deeply impair these abilities.
• Alcohol can affect your vision. We don’t let blind people drive for a reason – you need acute visual senses to navigate safely. Drinking a lot of alcohol can effectively render you — if not blind, than certainly less than 20/20 sighted –and thus make you more dangerous.

After Your Los Angeles DUI – What to Do Next?

The team at the Kraut Criminal & DUI Lawyers can help you appreciate the charges against you and build a strong defensive case. Mr. Kraut is an ex-prosecutor, who retains robust and friendly relationships with his former prosecutorial colleagues. He is well-known and respected by judges, police officers, and other important players in the Southern California legal defense community.

October 4, 2013

Did You Really Say/Do That? (Your Pasadena DUI Symptoms)

by Michael Kraut

The night that you were arrested for DUI in Pasadena is a night that you would love to forget.

Unfortunately, the police officers who booked you likely kept a detailed, objective log of what happened – including what you said and did before, during, and after the arrest.

The so-called symptoms of DUI are in some sense universal. When a person consumes too much alcohol, he or she can develop “tell tale signs” of being under the influence, such as:

• Bloodshot eyes;
• Inhibited motor skills;
• Slow response to stimuli;
• Slower pupil reaction time (as measured by something called the horizontal gaze nystagmus test);
• Odor of alcohol on your person;
• Falling, stumbling and general clumsiness;
• Tendency to react emotionally and inappropriately to questions or circumstances.

Of course, there are more objective ways you can measure Pasadena DUI, such as a breathalyzer or blood test. But when you really examine this list of particulars, you might notice something peculiar: Barring the BAC numbers, any other “symptom” can be caused by numerous other things.

For instance, you can get bloodshot eyes if you hang upside down on a bar in gymnastics practice, spend too much time in a smoky room, get sick, get fatigued, or have an allergic reaction to food, medication, or pet dander. In other words, in and of itself, the Pasadena DUI “symptom” of bloodshot eyes doesn’t tell you that much.

You can go down the list!

There are many reasons why people stumble and fumble and get clumsy. Consuming alcohol can obviously cause this problem, but so can fatigue, a medical problem, muscular dysfunction, a seizure, etc. Maybe you’re just not very coordinated – even while sober!

This doesn’t mean that what you said or did following an arrest can all be “explained away” through exotic explanations. But it does mean that the court will want to see the totality of the evidence against you.

You can even exude the odor of alcohol, if you’ve been drinking mouthwash or cough syrup or working at a chemistry lab.

So what can you do now?

Your Pasadena DUI charge weighs heavily. You want to resolve the situation efficiently and legally, so you can get back to your “regularly scheduled” life. Connect with a Pasadena DUI criminal defense attorney with the Kraut Criminal & DUI Lawyers to plan your strategy. Mr. Kraut is an ex-prosecutor (educated at Harvard Law School) who retains fantastic relationships with police officers and judges and other officials in the Southern California law community.