DUI Consequences

January 7, 2015

Actress Jennifer Lopez Survives a Scary Collision with DUI Driver in Malibu – Driver Faces Charges

This blog spills plenty of virtual ink about celebrities arrested for Los Angeles DUI. But celebrities can be victims in DUI crashes as well.

Consider, for instance, the harrowing recent ordeal of Jennifer Lopez, who survived a collision with an allegedly DUI driver in Malibu in September… with her children in the vehicle.

Prosecutors just charged 53-year-old Robert John Reitz, a Las Vegas man, with slamming her Rolls Royce from behind with his pick-up truck at a stoplight. Prosecutors hit him with a variety of counts, including driving nearly two times the limit for DUI in California (0.08% BAC, as defined by California Vehicle Code Section 23152). A conviction could lead to a $1,000 fine as well as six months behind bars. Lopez was not driving the Rolls Royce at the time; Leah Remini, another actress, was behind the wheel.

Although the crash occurred back in September, it took over three months before Reitz’s arraignment.

Lopez’s situation highlights an important aspect of DUI cases that’s rarely discussed, and that’s that DUI cases can take a long time to play out in the courts. That waiting can feel interminable for defendants (and their families).

Especially if you stand accused of complex charges that involve significant property damage or accusations that you hurt another person, your legal “fireworks” could last for months if not longer. Fortunately, you don’t have to go through this alone. To prepare effectively and strategically, call a qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers today to get insight into your potential options. In addition to having served as a prosecutor of DUI crimes for nearly a decade and a half, Mr. Kraut maintains excellent relationships with diverse stakeholders in the Los Angeles DUI discussion, including prosecutors, judges and police officers.

January 5, 2015

Man Rings in 2015 with His 16th Lifetime DUI: Not the Best Way to Start the Year!

by Michael Kraut

If you’ve recently been arrested for Los Angeles DUI — e.g. if police stopped you on Mulholland after you attended a fancy soiree at a Hollywood producer’s house — you’re probably dreading the potential legal and financial ramifications.

Even if you didn’t hurt anybody or cause any property damage, you could have to pay fines and fees of $1,000 or more, deal with a six month (or longer) license suspension, and face time behind bars… among other punishments.

Hopefully, the arrest was your first. The more times you get arrested and convicted for DUI in California (over a 10-year period), the more intense your punishments become. For instance, a misdemeanor DUI may land you a few hours (or a day or so) behind bars. But if you’re pulled over and convicted for that same crime three times within a 10 year span, on the third time, you could face half a year behind bars (or longer!). Plus, prosecutors can try to elevate your charge to a felony instead of a misdemeanor.

Given that context, let’s take a look at a sad story out of Farmington, New Mexico, where 30-year-old Lawrence Pine got nabbed for his 16th DUI just as the New Year rung in.

According to reports from local station, KRQE, police showed up at Pine’s home after a call suggested possible domestic abuse at the house. Pine took his two children into his car and fled. Allegedly, he slammed into a parked car with the children in the vehicle. Police stopped him at a gas station and arrested him on a bevy of charges, including possession of drug paraphernalia, driving with a revoked license, child abuse and DUI. They’re holding him on a $200,000 bail.

Investigators also alleged that Pine “repeatedly kicked and hit the children while they were in the vehicle.” The situation sounds absolutely awful, and we hope that the children are getting excellent care and that Mr. Pine gets the assistance he needs to deal with his demons.

If you or someone you love needs help after an arrest — whether it’s your first or your fifth — please call a qualified Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers for insight into your rights and legal options.

December 29, 2014

New Year’s Eve Is One of the Most Dangerous Days for DUI Crashes

by Michael Kraut

New Year’s Eve witnesses more than its fair share of Los Angeles DUI arrests.

Between 2002 and 2008, at least 140 people were killed in DUI crashes on New Year’s Eve and New Year’s Day. In fact, 42% of traffic-related deaths during New Year’s Eve and New Year’s Day are consistently related to DUIs. This statistic includes intoxicated pedestrians who inadvertently walk in front of cars.

Russ Rader of the Institute for Highway Safety cited New Year’s as “the worst day for impaired drivers” in a recent article. In fact, half of fatal New Year’s crashes involve a driver who is DUI. Statistics have only increased since this article was written in 2011, with one person killed every half hour due to DUI and one person injured every minute. These statistics also tend to skyrocket after midnight on New Year’s Eve and New Year’s Day, when people are likely traveling home from celebrations.

In recent years, Mothers Against Drunk Driving (MADD) found that, out of the 300,000 people who receive DUI charges every day including New Year’s, 4,000 or fewer wind up arrested. MADD also reports that over half of high school sophomores admit to drinking alcohol. Thus, parents should be particularly vigilant about their teens’ consumption during the holiday season.

To avoid DUI fatalities and harsh sentencing, people should limit their alcohol consumption over the holidays. A good rule might be one drink per party, or perhaps two if glasses are less than standard size. Sober drivers should always be designated before parties, and everyone should have the number of a cab company (or Uber app) saved in his or her cell phone.

Teenagers should not drink at all during the holiday season or otherwise. If a teen suspects that party drinks have been spiked, he or she should seek help from an adult chaperone. Teens should never leave their drinks unattended. They should also educate themselves on the signs and symptoms of alcohol poisoning and call 911 if they suspect poisoning has occurred.

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.

December 24, 2014

Authority and Alcohol: People in High Positions Can Get Los Angeles DUIs, Too

by Michael Kraut

Although stories about celebrities facing Los Angeles DUI charges are reported every day, average citizens often act surprised when people in authority face similar charges. The attorneys at the Kraut Criminal & DUI Lawyers have seen plenty of people in positions of authority deal with DUI charges and want to set the record straight on the prevalence of this problem.

Oklahoma Senator Charged

Republican senator Bryce Marlatt was recently charged with a subcategory of DUI known as actual physical control, or APC. APC indicates the vehicle was actually moving when the suspect was pulled over for the DUI. Woodward, OK, police found Marlatt asleep in his moving car. When asked how many beers he had, Marlatt replied, “None – I had what you call a bourbon and Coke.” He also said he had consumed “no more than anybody else” when asked further about his alcohol consumption.

Senator Marlatt’s attorney claims that Marlatt had been having sleep problems and that he took a prescription sleep aid before getting behind the wheel last Monday night. He had imbibed a mixed drink and had been concerned about the effects of the mixture, so allegedly pulled over to sleep off the aid and the alcohol. However, the charges of APC indicate Marlatt’s vehicle may have been moving without his knowledge.

Auto President Faces DUI

Another authority figure recently charged with a DUI is Robert Butler, president of the Butler Automotive Group in Indianapolis. Allegedly, Butler had been driving DUI on Interstate 465 and hit a vehicle parked on the emergency shoulder. The accident caused “serious leg injuries” to 25-year-old Latin McKinney, according to The Indy Channel. McKinney and his sister had apparently been trying to jump-start McKinney’s stalled car on the emergency shoulder.

Butler admitted he had four glasses of wine while watching a ball game in downtown Indianapolis before getting on the interstate. Police measured his blood alcohol level at twice the legal limit. However, Butler pleaded not guilty to DUI charges even after admitting he’d been drinking.

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.

December 22, 2014

Sore Losers? What You Can Do When Experiencing DUI Blowback

by Michael Kraut

Statistics show that the majority of people who face Los Angeles DUI charges stand a good chance of having those charges dropped. Unfortunately, being declared innocent does not mean that you won’t face consequences. The Kraut Criminal & DUI Lawyers is familiar with “DUI defense blowback” – when some people may resent your legal success — especially among celebrities and authority figures.

DUI defense blowback can be painful and embarrassing. Several exonerated people have been lambasted on social media and in public. For example, Texas judge Nora Longoria was angrily told she should resign and was a “disgrace to the… legal system” after her July 2014 charges were dismissed. These people may also face guilt, anger, and depression.

Victims of DUI defense blowback need not wallow in their circumstances, however. Instead, they can use valuable tips to help deal with the fallout. These include the following:

• Know the facts of the case. Many people are wrongfully convicted of DUI because of faulty sobriety tests or inconclusive blood or urine draws. The law also varies from state to state regarding whether “warrantless search” blood or urine samples are legal. People whose cases involved these circumstances can find peace in the fact that they were not at fault.

• Separate the person from the circumstance. One of the reasons people facing DUI blowback feel depressed is the absorption of the idea, “I was charged with a DUI; therefore, I am a horrible person.” Even people who commit actual DUIs are not horrible people. They are human, and humans make mistakes. Although mistakes have consequences, the person must be separated from the deed itself. Learn to say, “The DUI was a horrible thing I do not want to do again.”

• Ignore the lambasting. People who use abusive language toward such drivers are venting anger and often being judgmental. Allow them to vent, but do not retaliate or argue with them about the circumstances of the case or what “really” happened. Angry people are not likely to listen, and in the end, one’s own perception of self and circumstances matter more.

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.

December 15, 2014

Celebrity DUI: Le’Von Bell Accepts Plea Deal for DUI With Marijuana

by Michael Kraut

Los Angeles DUI drug arrests may become increasingly common over the next few years, as an increasing number of Californians turn to legal medicinal marijuana for treatment.

In August 2014, Pittsburgh Steelers running back Le’Von Bell was arrested on charges of DUI and marijuana possession. According to Pittsburgh’s Channel 11 News, Bell will participate in a program for first-time offenders and will face a two-game suspension sometime within 2014 or 2015. A two-game suspension is “standard punishment” for NFL players convicted in a DUI case.

With 1,689 yards from scrimmage and five touchdowns, Le’Von Bell has been one of the Steelers’ best players this season. However, as many celebrities find out, fame and status will not grant Bell complete immunity from his charges. He will be on probation for fifteen months.

Driving under the influence of marijuana can be equally as dangerous as driving under the influence of alcohol, but differences exist in how such a charge is handled. The Los Angeles DUI attorneys at the Kraut Criminal & DUI Lawyers want readers to be aware of the following differences:

• There is no “sobriety test” for marijuana. Often, officers have to rely on questions such as, “Let me look at your eyes.” They then have to ask the driver if he or she is willing to perform a voluntary field sobriety test, and many drivers refuse.

• Marijuana levels cannot be measured the way alcohol levels can. A breath test will not prove specific levels of marijuana in one’s system.

• There is not a “comparable offense” to driving with a blood alcohol level (BAC) of .08 or greater related to marijuana and other drugs.

• Many DUI cases involving marijuana and other drugs, but not alcohol, are based at least partially on the arresting officer’s opinion.

• Marijuana usage can often only be proven through blood or urine samples, which must be processed through a lab.

With states such as Colorado and Washington legalizing marijuana, many Los Angeles residents wonder whether California will be next, and if so, what that could mean for future cases like Le’Von Bell’s. Since many people also use marijuana for medicinal purposes, there is a distinct possibility that potential marijuana DUI cases could be thrown out, because they don’t fit the “DUI per se” definition or because of medical personnel testimony.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

December 3, 2014

Yes, You Can Get a DUI in Los Angeles, Even If You’re Driving a Bizarre Vehicle

by Michael Kraut

The diverse circumstances in which people get arrested for driving under the influence in Los Angeles (and other places) never cease to surprise.

A few years ago, we blogged about a spate of lawnmower DUIs that defied common sense – and earned more than a few snickers from the peanut gallery in places like Reddit.

Snide comments about lawnmower DUIs aside, it’s useful to understand that California DUI law can be applied to broad and unusual circumstances. Consider, for instance, the legal situation facing 41-year-old Criss E. Gruber, who stands accused of multiple charges, including violating light regulations and bicycle DUI, after he crashed a few weeks ago in the town of Enola.

Fortunately, no one got seriously hurt in the crash, although Gruber himself got banged up when he hit a road construction sign on Route 11/15 on November 16th. Investigators believe that he hit the sign because he lacked safety lighting on his bicycle. Blood alcohol tests revealed that he had a 0.16% blood alcohol concentration. For those of you who are keeping score, that’s twice the legal limit for DUI, per California’s Vehicle Code Section 23152.

Bicycling with DUI can be tragically dangerous for many reasons – some obvious, some not so obvious:

• When you’re under the influence of alcohol (or fatigued or angry or distracted by a cellphone), your timing gets worse. In other words, you are less likely to brake in time to avoid accidents or swerve to avoid hazards, etc.

• When people with certain personalities drink, they tend to be more likely to take risks, such as driving without a helmet or driving on a busy surface street or freeway;

• Bicycles are already at a mechanical disadvantage on the road. While everyone who uses the roads should be vigilant, bicyclists and motorcyclists need to be particularly vigilant because of the extra risks caused by the mechanical disadvantage.

If you caused an accident while DUI on your bike, you can face a slew of very serious criminal penalties, including felony charges.

No matter what happened to you or what charges you face, a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers can assist you with constructing an appropriate, sensible and meticulous defense. Contact attorney Kraut today to schedule a free consultation.

November 24, 2014

4 Key Thanksgiving Driving Tips to Prevent Getting Arrested for Los Angeles DUI

by Michael Kraut

Thanksgiving should be a time for celebration, communion, and reconnection with friends and loved ones. However, as we discussed in an adjacent post, the day before the Thanksgiving is also the worst day of the year for Los Angeles DUI arrests and accidents. So how can you protect yourself, your loved ones and other people on the road from injuries (and worse) this holiday? Here are 4 tips.

1. If you are going to drink, make a plan well in advance of partying.

Studies suggest that once someone is the throe of merrymaking, judgments tend to go out the window. After you have already had two or three drinks is not the time to start to think rationally about how to get home. You need to “pre think” your exit strategy by identifying a designated driver in advance, hiring a taxi cab or just walking from place to place.

2. Be careful to avoid walking while DUI as well.

Most people assume that if you walk instead of drive after consuming alcohol, you should be fine. However, as authors Stephen Dubner and Steven Levitt point out in the book SuperFreakonomics, when you crunch the numbers, walking under the influence is, mile per mile, potentially more even dangerous than driving under the influence. The reason is that, when you make bad decisions as a pedestrian – particularly at night if you are wearing dark clothing — you can easily get seriously hurt or killed. If you are in a car and you get into collision, you at least can hopefully rely on the car’s safety mechanisms, like airbags and seatbelts, to protect you against the worst of the impact. As a pedestrian, you have nothing shielding you.

3. Pay attention to near misses in the past.

Have you ever gotten into a DUI wreck before? Do you plan to hang out with anyone who has been arrested for that crime or who has gotten into serious injury accidents? The best predictor of future accidents is past driving behavior. Pick up on clues left by the past, so that you can more effectively manage your own behavior and minimize risk. For instance, say your cousin Arnie comes to town and wants to go bar hopping with you. But you know that cousin Arnie has two DUI priors on his record; you might want to aggressively suggest that everyone take a cab.

4. Organize Thanksgiving events in a way that requires less driving overall.

One of the best ways to prevent problems is to negate temptations altogether. For instance, maybe you and your family typically go out to a restaurant that serves copious amounts of alcohol. Consider changing your plans this year, so that you all stay at someone’s house, so that you are not tempted to drink and then get behind the wheel.

For help dealing with the aftereffects of a crash or arrest, call a qualified Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers today for a free consultation with a former Deputy District Attorney with nearly two decades of experience fighting on both sides of these types of cases.

November 21, 2014

The Most Dangerous and Deadly Day for Los Angeles DUIs is Approaching…

by Michael Kraut

We’ve actually touched on this issue before in previous posts, but even if you are a regular reader, you might have forgotten. What is the most dangerous day for Los Angeles DUI in the calendar year? Common (but wrong) guesses might include:

•   New Year’s Eve;
•   Super Bowl Sunday;
•   Fourth of July;
•   Memorial Day Weekend;
•   Labor Day Weekend;
•   Christmas Eve;
•   Halloween;
•   St. Patrick’s Day.

All these days actually do witness an above average rate of DUI driving, and you need to take special precautions during those holidays, whether you are driving or walking around as a pedestrian. But there is one day that’s actually substantially more dangerous – and that day is the day before Thanksgiving.

That might strike many people as strange.

Why would the day before Thanksgiving be a time for DUI driving? The answer probably has to do with the behavior of college kids who are returning home from college to their families for the Thanksgiving holiday. For college students who have left home to go to college, Thanksgiving break is often the first time that they get reunited with their high school friends. And even though young people cannot legally consume alcohol until they are 21-years-old, many people who go off to college find ways around these restrictions and end up experimenting substantially with alcohol during their first 2.5 months of college. So when they come home, they may be still in a giddy experimental stage with alcohol. These young college students come home to meet up with their friends who are also experimenting. Thus, things can get a little haywire. Some statistics suggest that the spike in DUI rates over Thanksgiving can be at least partly attributed to this kind of “college student effect,” although more research is needed to determine the real truth.

So why would the night before Thanksgiving be more dangerous than Thanksgiving itself?

The answer again comes back to patterns of behavior. On Thanksgiving, most people stay in with their families and eat and watch football and talk. In other words, there is not a lot of mobility. So even if people might be consuming lot of alcohol on Thanksgiving, they are staying in. On the night before Thanksgiving, however, many people who have already returned home for the holidays, but they are not necessarily hanging out with their families. Hence, we see this spike in DUI accidents on the day before the holiday.

So what can you do if you or someone you love got arrested for DUI driving during the Thanksgiving holiday?

Your first step should be to contact a reputable Los Angeles DUI defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut has an extensive track record of success as both a prosecutor and a defense attorney; he previously served as a Deputy District Attorney for Los Angeles for nearly 15 years. He and his team can provide critical guidance you need to make your decisions. Call today for a free consultation.

November 20, 2014

Parallels Between Your Los Angeles DUI Arrest and the Comet Landing of the European Space Agency’s Philae Lander

by Michael Kraut

You’ve heard our Los Angeles DUI blog pound on the theme of “get help as soon as you can after a DUI” numerous times. Any credible attorney or authority who knows anything about California DUI law will tell you that you need to act rapidly to preserve your freedom and protect your options.

Nevertheless: many, many people recently arrested for the crime exhibit a lackadaisical attitude about the timeframe.

For instance, you only have 10 days after the arrest to contest the license suspension, after which time you may be forced to live without your driver’s license for months or longer. It’s understandable that you might be stunned by the rapid turn of events and overwhelmed by the potential legal ramifications. But when time is of the essence, you absolutely need to act.

It’s hard to get people to understand this theme, however, no matter how many different ways we (and others) bring it up and highlight the need for urgency.

Fortunately, recent news events have given us a golden metaphor to re-explain the problem.

Last week, the European State Agency (ESA) landed a small ship on a comet – the first time humanity has ever landed a probe on a comet. The 2.5 mile wide Churyumov-Gerasimenko comet is about 317 million miles from Earth, and it’s traveling at breakneck speeds of 84,000 miles per hour. Unfortunately, the probe encountered a few technical problems on its way down from its mother ship, Rosetta, and it was not able to clamp down to the surface of the comet.

Unsurprisingly, the gravity on the comet is much, much, much weaker than it is here on Earth. So when the probe landed, it bounced and then landed again in a shadow of a cliff on the comet. While the search for the final landing site is still ongoing, the lander is racing against the clock to meet as many of its core science goals as possible before the primary battery is exhausted.

Scientists had hoped that the probe would land in a sunlit place and be able to access solar power to continue its mission for longer. But now they have to act quickly or lose out on science that researchers have spent billions of dollars trying to procure. The point is that these researchers understand the dangers of failing to act in a timely fashion. When there is billions of dollars at stake and millions of eyes on you, you tend to take your job pretty seriously.

But the consequences of not acting in situations where action is required may not be so clear if you are the only person affected by delay. To that end, please contact the team here at the Kraut Criminal & DUI Lawyers to schedule a free and confidential consultation regarding your rights. An experienced Los Angeles DUI defense lawyer can help you understand your next steps and act rapidly and with clarity.