DUI Consequences

August 5, 2015

Police Don’t Play Around With DUI Arrests

When police officers arrest high-profile sports figures for DUI, it always makes the news, whether the charges involve a DUI in Los Angeles or in some small Midwest town.

A California Highway Patrol officer picked up Denver Nuggets point guard Ty Lawson on July 14th. Lawson, who was driving his white Mercedes north on the 101 freeway, displayed signs of intoxication, according to police reports. The cop booked Lawson into Los Angeles County Jail after charging him with DUI. This is Lawson’s second arrest for DUI in 2015 and the fourth during his professional football career.

Jack Trudeau, who played quarterback for the Indianapolis Colts from 1986 until 1993, faces charges of operating while intoxicated. Police in Zionsville, Indiana, picked him up on Sunday, July 26th, and measured his blood alcohol content a .31—almost four times the legal limit.

Police charged Marco Pappa, a midfielder for the Seattle Sounders soccer team, with suspicion of DUI and speeding after pulling him over in the early morning hours of Sunday, July 20th. Pappa had to take a playing time out; Major League Soccer bans players arrested for DUI from taking part in any matches until the league completes a substance abuse and behavioral health assessment.

National Hockey League star Ryan O’Reilly may win the prize for the most noticeable spots DUI arrest in July. He crashed a 1951 vintage Chevrolet truck into the Tim Horton’s in Lucan, a township in Ontario, Canada. O’Reilly drove off, but police officers located his vehicle through the assistance of witnesses. Police charged him with impaired driving and leaving the scene of an accident.

At least one sports figure managed to avoid a conviction on a DUI charge, however. Tim Jennings, a Chicago Bear player, pleaded guilty to reckless driving and speeding charges in a January 7th incident. As part of the plea deal, prosecutors dropped the DUI charges against him.

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.

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 15, 2015

No Expert Witness? No DUI Charges!

by Michael Kraut

Prosecutors typically have no qualms about bringing charges against someone who’s operating a motor vehicle after drinking to excess. They rely on breathalyzer results to help them get convictions for DUI in Los Angeles and other California locales. If the BAC measures above .08 percent, prosecutors feel they have a good case.

But what if prosecutors have no good way to quantify just how impaired a driver is? That can occur when police pick up someone for a DUI charge that’s related to something besides alcohol. One California cop found that worked to his advantage in beating a DUI arrest.

The San Gabriel Valley Tribune reported that sheriff’s deputies charged Montebello Police Sergeant Christopher Cervantes with DUI after he rammed his car into a tree in May. Cervantes claimed he had lost control of the vehicle when trying to avoid hitting another car. But the deputies said he appeared to be under the influence of a drug, and they arrested him.

A blood test revealed that Cervantes had a drug in his system that included codeine and morphine—a drug his doctor had prescribed. But the fact that he had a prescription would not normally get Cervantes off the DUI charge.

But on his scheduled arraignment day, Cervantes got a welcome surprise. Prosecutors said that field sobriety tests weren’t enough to gain a conviction against him. They admitted that they had no expert witnesses who could testify Cervantes had enough of the prescription drug in his bloodstream to leave him impaired. So the prosecutors declined to bring DUI charges against Cervantes due to insufficient evidence.

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 13, 2015

Two Strikes and He’s Out

by Michael Kraut

A good rule of thumb: if cops pick you up for a DUI in Los Angeles, don’t hit the road again before the intoxicating substance has left your bloodstream. If a West Virginia man had followed that advice, a teenager in that state might have avoided some unwelcome time at the hospital.

According to TV station WOWK in Charleston, police got a summons on July 6th to the vicinity of the Smiley Motel. A woman there told them that Randy Bailies was driving on Route 60 under the influence of alcohol. (It’s not clear whether she was Bailies wife or his ex-wife.)

The officers tracked Bailies down, pulled him over and found his blood alcohol content was .268, more than three times the legal limit. They booked him for DUI and released him—into the custody of a sober driver—after he posted a $600 bond.

That incident occurred around 9:30 a.m. Around 12 hours later, Bailies was driving along Route 62 near Poca City when he hit a teenager walking along the side of the road. Fortunately, the youth didn’t suffer life-threatening injuries, although he did end up at the hospital for treatment.

Bailies meanwhile fled the scene, but cops caught up with him at a gas station and arrested him. They charged him with DUI causing injury, leaving the scene of a crash with injuries and driving without insurance.

Under West Virginia law, Bailies could spend up to a year in jail, pay fines up to $3,000 and lose his license for a year if convicted of these two offenses.

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.

July 3, 2015

Recently Elected—and Soon Forced to Resign? [DUI Consequences!]

by Michael Kraut

People in big cities have grown fairly accustomed to the shenanigans of their elected officials. A politician’s arrest for a Los Angeles DUI might make the headlines one day, but the story would soon disappear to the back page.

But the same may not be true in smaller jurisdictions around the country. In the Village of Mundelein, a northern suburb of Chicago, DUI charges filed against one elected representative have caused a great deal of controversy, and the story isn’t going away.

Dakotah Norton, age 25, took office as one of the Village’s Trustees last April. (A trustee is the equivalent of a council member in other jurisdictions.) Two months later, a police officer patrolling in a neighboring jurisdiction noticed a car that had only one working taillight. It was Norton’s. The officer followed the car and observed the driver straddling the road’s center line. When

Norton came to a red light, he allegedly failed to stop and instead immediately made a turn. At that point, the cop pulled him over, administered a field sobriety test and took Norton to the police station. His blood alcohol content reportedly measured twice the legal limit.

Per reports, Norton had already earned a reputation as a bit of a controversial figure. His juvenile police record showed charges for retail theft and for possession of cannabis. At the age of 18, Norton served a sentence of probation and community service for a similar marijuana charge.

Although Norton insists he won’t resign because of his DUI arrest, other office holders in the Village have a different idea. The Mayor and three other Trustees have asked him to step down, but they have no legal way to force him out of office.

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.

June 29, 2015

Police Will Remember This Crazy DUI Arrest

by Michael Kraut

When people are arrested for DUI in Los Angeles, they may harbor the hope that the arresting officer will go easy on them. But it probably won’t help their case if some unpleasant incident—like getting sick all over the back of the police cruiser–occurs during the arrest.

Police in Seminole County, Florida, for example, will probably remember (and not in a good way) 29-year-old Metilia Petties, picked up for DUI in mid-June. Petties had apparently been involved in a fight earlier in the evening, and then she allegedly used nine (nine!) vodka-and Sprite mixed drinks to take the edge off her anger. She eventually left the bar and drove off in her Toyota sedan, but officers spotted her swerving into traffic going the opposite direction on Goldsboro Boulevard.

Petties then hit a sedan that was attempting to make a turn, which sent the driver of that car to the hospital because of neck and body injuries. Petties allegedly fled the scene, but cops eventually caught up and pulled her over. After determining that she was DUI, they put her in the back seat of a patrol car. Petties then threw up everything that she had consumed that evening.
Authorities did not take it easy on Petties, who allegedly had a blood alcohol content of .091. They charged her with DUI, hit-and-run crash with injury, operating a vehicle without a valid license and fleeing/eluding police.

Petties had one additional problem as well. The police found that she was wanted on a grand-theft charge in Seminole County.
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.

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 12, 2015

Good Work Ethic, Poor Judgment

by Michael Kraut

You’ve got to admire people who try to do their jobs in the face of all difficulties. That’s especially true when it comes to bus drivers and trash collectors, who provide services that we all rely on. But there is a point when it may be better to take the day off–when you’re at risk of getting charged with a DUI in Los Angeles, for example. Unfortunately, the two gentlemen featured below didn’t stay home and out of trouble when they had too much to drink but instead reported for work as usual.

50-year-old Joe David Stanley allegedly had been driving a school bus in Fort Worth, Texas, at about 1 a.m. in the morning of June 1st, when he ended up stuck in the mud in a highway median. Fortunately, he was not carrying school children at the time; the company he works for, which provides transportation for Joshua Independent School District, also contracts out for special events. (Reports say that Stanley was supposed to provide transportation for a wedding party.)

Cops called to the scene smelled alcohol on Stanley, and they ended up tagging him for DUI.

Next, consider the parallel situation of 45-year-old Johnny Gentry, who showed up early one morning in June for his job as a trash collector in Scott County, Kentucky. That go-getting behavior would be commendable, except reports say that Gentry had been overindulging in alcohol. About two hours into the workday, he hit a retaining wall with the garbage truck, then overcorrected, turning the truck over into someone’s yard. Cops called to the scene measured Gentry’s blood alcohol content at three times the legal limit, earning him some time off–in jail on a charge of DUI.

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.

June 8, 2015

Victim Corrals DUI Driver

by Michael Kraut

If you were to see someone driving erratically down a street in your neighborhood, hitting other cars, what would you do? For most people, the instinct would be to get out of the way; they would want to avoid getting in the path of a DUI driver or in the path of anyone who appeared so out of control that they might face arrest for a DUI in Los Angeles.

But Californian Kevin Johnson is made of sterner stuff. When Johnson felt the safety of his neighbors was at risk, he took action to ensure that an alleged DUI driver couldn’t stay on the road.

The unidentified driver of a green SUV was causing damage in Bay Terraces in San Diego around 8:30 p.m. on the night of May 31st. According to TV news reports, the man was swerving all over the road and finally crashed into a fire hydrant and then several parked cars. But that didn’t faze him–he tried to keep going.

Johnson’s black Nissan Altima was one of the cars hit–and Johnson was in it. He decided enough was enough and blocked the road with his damaged vehicle so the suspect couldn’t flee.

Despite Johnson’s efforts to talk the driver out of his car, the man continued to try to leave the neighborhood, hitting Johnson’s Altima several more times on purpose. Eventually the DUI driver gave up. Johnson, who has three kids, said his main concern was for the safety of his neighbors.

When police arrived they found the driver had several liquor bottles, pot and even a machete in his vehicle. They arrested him on suspicion of DUI.

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.