DUI Consequences

August 11, 2014

Los Angeles DUI Disasters: What Happens When Double-Decker Buses and Ambulances Crash?

Picture a “standard” Los Angeles DUI arrest in your mind’s eye.

You might imagine a driver in a Honda Accord getting escorted into a squad car after a nasty wreck on the 405 or the 101. Or you might picture a Hollywood exec in a BMW stopped at a checkpoint on Sunset after a raucous night out with some potential clients.

You probably do NOT picture a double-decker bus toppled over or an ambulance spun out of control.

But people drive DUI in all sorts of vehicles, including, boats, lawnmowers, and even jerry rigged contraptions that defy classification.

Let’s analyze two such events that were recently in the news.

First, a spectacular DUI-related bus crash rocked New York City. Fortunately, the accident did not cause life threatening injuries, but it certainly created a big ruckus in the Big Apple. The double-decker bus driver smashed into a plaza on Times Square and hurt over 15 people, three of whom suffered serious injuries. Fortunately, no one died.

Authorities arrested 58-year-old William Dalembert, charging him with a DUI. According to reports, Dalembert has a checkered driving history, including a record of multiple license suspensions over the years as well as administrative infractions.

Meanwhile, closer to home in Orange County, a crash at the intersection of Garden Grove and Beach Boulevards between an ambulance and a vehicle in the town of Stanton led to the hospitalization of four people as well as an arrest for DUI. A preliminary investigation led authorities to blame 27-year-old John Dantzler; they booked him on DUI charges and held him on a $100,000 bail. Again, by the grace of God, no one died or suffered critical injuries; things could have been much, much worse.

Do people who drive vehicles like ambulance, double-decker buses, trucks, fire trucks, government vehicles and school buses have special safety responsibilities? Can prosecutors hit them with special punishments for DUI?

The answer depends. Drivers of specialty vehicles can be held to higher standards. Depending on what happened, they can lose special licenses, get fired, face enhanced fines and fees, and more.

No matter what kind of Los Angeles DUI charges you face — or how complicated the matter seems to be – the team here at the Kraut Criminal & DUI Lawyers is here to help you make sense of what happened and develop an appropriate response. Call our offices now to schedule a free consultation.
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July 21, 2014

Fatal Las Vegas Crash Results in Plea Deal for Exotic Dancer

by Michael Kraut

Los Angeles DUIs often cause unintended and tragic consequences. Consider, for instance, a horrible recent Las Vegas collision that caused the death of a man and injuries to his 2-year-old son.

On the morning of March 23, 2013, exotic dancer Shauna Miller left her job at the Spearmint Rhino strip club. Her Hummer SUV struck a Ford Escort driven by 33-year-old James White; White’s son was also riding in the vehicle.

White perished in the accident, while his son sustained significant injuries. Authorities tested Miller’s blood alcohol levels and found them to be over two times the legal limit. In addition, she had a significant amount of marijuana in her system.

On Thursday, July 11, Miller pleaded guilty to a felony DUI charge; a second charge was dropped as part of a plea agreement with prosecutors.

Considering the details of this case, Miller likely made the right choice in accepting a plea deal. In most states, including California, DUIs that include the death of another individual represent one of the most severe charges a driver can face. Regardless of whether the charges include gross vehicular manslaughter or second-degree murder, a conviction often means significant jail or prison sentences, among other penalties.

Individuals such as Miller, who may work in environments conducive to excessive alcohol and/or drug consumption, should be aware of the risks of driving home after engaging in such behavior. Using a designated driver or taxi service can help prevent tragedies such as this.

Those facing Los Angeles DUI charges, with or without additional factors such as gross vehicular manslaughter, may wonder what they could have done differently. Although there is no way to go back in time, it is possible to take responsibility for your actions and move forward with your life.

For a free consultation to discuss your DUI defense, contact the Kraut Criminal & DUI Lawyers today.

July 16, 2014

Breaking Through the Inertia of Your Los Angeles DUI Case

by Michael Kraut

You may be at the beginning of the end of the worst part of your Los Angeles DUI arrest.

How so? After all, you feel downright miserable and scared about what’s happened to you, and you haven’t even found a lawyer yet. You have so much to do – and so much is at stake both for you and your family – that things almost by definition have to get worse before they’ll get better.

Right?

Not necessarily.

Consider this. What’s causing you so much agitation and worry is not the punishments or potential punishments, per se, but rather the UNCERTAINTY of your situation.

•   You don’t know whether you will be jailed for several months, several days, or not at all.
•   You don’t know whether you will face massive fines of thousands of dollars or no fines at all or somewhere in the middle.
•   You don’t know whether the prosecution will negotiate a plea bargain that you can live with or whether you will have to fight in court;
•   You don’t know whether the DMV will suspend your license for a few days, or a few months, or indefinitely;
•   You don’t know whether you will find a DUI defense lawyer who has good values and who has an effective track record.

These and other uncertainties piled on top of one another and create a kind of inertia. That inertia can you weigh down and prevent you from getting the guidance you need to start to answer the questions. It’s a kind of a Catch 22.

So how do you break through the inertia?

When you take action to solve problems, it becomes easier to follow through and do what that needs to be done. For instance, if you ever procrastinated on cleaning out your garage or doing a big stack of dishes, you’re familiar with this concept.

The thought of actually getting into the muck of the work is repulsive. But once you start, the job becomes easier. It’s a lot easier to think: “hey, I’ve been washing this big pile of dishes for 15 minutes, and I’m halfway through, so I’ll keep going” than it is to “pull the trigger” and to decide to spend the INITIAL 15 minutes on the troubling task.

The first step involves reaching out for help. If you have yet to retain a lawyer for DUI in Los Angeles, call Michael Kraut of the Kraut Criminal & DUI Lawyers to figure out your next steps. Mr. Kraut is a respected, established lawyer with a track record of success. He can answer your questions and help you feel more calm and controlled about your situation: call now to start building positive momentum to obtain closure.
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July 14, 2014

Justin Bieber in Court for DUI Charges

by Michael Kraut

Few Los Angeles DUI drivers face charges as complex or extensive as Justin Bieber. The 20-year-old singer’s Florida court case began on Monday, July 7 for a litany of charges he received on January 23.

Allegedly, Bieber had been drag racing with Khalil Amir Sharieff, a fellow performer, when authorities arrested him. Although his blood alcohol content tested below the legal limit, a blood test revealed concurrent drug use. Besides the drug and alcohol use, police charged Bieber with nonviolently resisting arrest and driving with an expired license.

Media sources predict authorities will drop the other charges pending a plea deal for the DUI offense. However, the court case has been delayed for several months, allegedly due to a disagreement between the judge and Bieber’s lawyers regarding whether or not Bieber should appear in an anti-DUI driving public service announcement.

Chances are Bieber will receive a minor sentence – if any – for this Florida incident, but this is only one in a slew of recent accounts regarding Bieber’s reckless behavior. Although the singer has achieved significant fame over the course of his career, such incidents appear to be damaging his reputation among young fans as well as their parents.

Individuals following this case may believe Bieber is fortunate to have fame and fortune on his side, but his continued offenses indicate he may not fully comprehend the weight of his actions.

Under California law, penalties for DUI driving convictions include jail time, fines, probation, license suspensions, and community service. These punishments are meant to serve as deterrents– to discourage convicted individuals not to make the same mistake again.

Have you recently been charged with DUI in Los Angeles? If so, you may have questions regarding the law and how best to present your defense. Experienced attorney Michael Kraut can answer those questions. Contact the Kraut Criminal & DUI Lawyers today to learn more. Continue reading

July 7, 2014

Do Los Angeles DUI Field Sobriety Tests “Tell the Truth”?

by Michael Kraut

As someone who recently had to endure a field sobriety test for Los Angeles DUI, you can attest to the surprising challenges that you endured:

•   The humiliation of being made to “walk the line” on the side of the road, while other drivers passed and gawked at you;
•   The fear that you were going to fail your breath test and rack up a DUI charge, per California Vehicle Code Section 23152;
•   The anxiety as you contemplated the potential punishments for a conviction, including a mandatory interlock ignition installation, jail time and driver’s license suspension.

At the end of the day, you didn’t exactly pass your FSTs with flying colors, and you may have also failed a breath and/or blood alcohol test.

FSTs are inaccurate, sometimes very misleading gauges, though:

1. Bloodshot eyes – alternative explanations.

Having bloodshot eyes is a symptom of being DUI. But it’s also a symptom of being fatigued, sick or irritated by allergens. You could have sand in your eyes. Or an accident or a sudden stop might have caused the blood vessels to burst in your eyes.

2. Failure to pass the walk the line test – alternative explanations.

If you lose your balance while trying to walk on the line, that could indicate that you were driving DUI, but it could also indicate that you just generally have a bad balance or that you have an ear ache or ear infection. Or maybe you are just a generally uncoordinated person. Maybe you were confused by the slope of the road or by the shadows, and you stumbled. Perhaps you DID walk the line, but the police incorrectly recorded that you stumbled.

3. Slurred speech and having trouble following directions – alternative explanations.

If you slur your speech and you can’t understand and/or abide by police directions, you might be DUI. Or you might be exhausted, emotionally overwhelmed or sick. Or you might have a speech impediment or difficulty hearing. Perhaps the police pulled you over on a very loud section of the freeway, and you couldn’t hear the instructions over the roar of the traffic.

For help managing the aftermath of your Los Angeles DUI crisis, call attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today for intelligent, compassionate, thorough assistance with your charges. Mr. Kraut is a Harvard Law School educated attorney who racked up a success rate at jury trials of over 99%, when he worked in the Deputy DA’s office.

July 3, 2014

Woman Arrested for DUI; Drags Cop by Her Car into Telephone Pole

by Michael Kraut

Fortunately for police, most Los Angeles DUI arrests are not dramatic and do not threaten the life and limb of the people involved in the process.

That’s not always the case.

For a spectacular example, we turn our sites to Atlanta, Georgia, where on Monday, a local woman named Anna Dittmer was involved in a catastrophic, freakish accident that sent a police officer to the hospital and left Ms. Dittmer with plate full of criminal charges.

Local officers said they saw her vehicle stopped next to some railroad tracks in the Northwest section of Atlanta. They had reason to believe she was impaired, so two officers approached her. Meanwhile, a train approached at that very moment and blew a warning sign, which woke Dittmer up. She allegedly saw the police come for her and tried to hightail it out of there.

Officer Kevin Thigpen reached in to try to stop her, but she took off and dragged him along with her car and then smashed into a telephone pole. Fortunately, Thigpen survived, but he did suffer abrasions and lacerations over all his body as well as a broken left hand. Medics treated him at Grady Memorial Hospital in Atlanta.

Other officers, meanwhile, arrested Dittmer on a laundry list of charge, including: reckless driving, driving on a suspended license, possessing methamphetamines, felony obstruction, aggravated assault, giving a false name to police officers, causing a serious injury with a motor vehicle, and drug DUI.

Prior to the incident, police had a warrant out for her arrest on possession of dangerous drugs.

The whole situation is obviously very sad and disturbing. Just a charge of hurting someone while DUI can elevate a standard misdemeanor (per California Vehicle Code Section 23152) to a much more serious felony charge (per California Vehicle Code Section 23153).

And if you hurt a police officer, drove on a suspended license, or did any of the other crazy things that this Atlanta woman allegedly did, your charges can be more intense, and your defense can become more complicated.

No matter what charges you face, you can turn to the team here at the Kraut Criminal & DUI Lawyers for effective, fair and responsible Los Angeles DUI defense help. Call or email us now for assistance.
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June 23, 2014

University of Connecticut Professor Tagged for DUI Spits in Police Officer’s Face

by Michael Kraut

Quick quiz: let’s say someone pulls you over on suspicion of driving under the influence in Los Angeles. Should you:

(a) Cooperate with the officer and avoid making your situation worse?

(b) Spit in the officer’s face?

If you answered (a), you are correct. If you answered (b), you may have something in common with 47-year-old Gabriel Fenteany, a chemistry professor at the University of Connecticut (UConn). Police in Vernon, Connecticut busted Fenteany Saturday night for allegedly driving under the influence, after officers noticed him failing to signal as he drove into a parking lot.

Officers said he failed field sobriety tests, and they set his bond at $2500. In California, police administer diverse types of field sobriety tests (FSTs), such as:

•   Finger to the nose test. While closing your eyes, you reach your arms out on both sides and then try to touch your nose with the tips of your fingers.
•   Horizontal nystagmus test. A police officer shines a light in your eyes to look for delayed pupil reactions, which can be signs of DUI.
•   Count backwards by threes test. This test measures your mental acuity. If you’re DUI, you should be less capable of sustaining the concentration it takes to subtract numbers in your head;
•   Walk the line test. This is the most famous DUI test. The driver must walk on a painted line, like a balance beam, to demonstrate equilibrium and coordination.

Professor Fenteany’s bust was actually just another unfortunate event in a long stream of unpleasant events for him. Back in December, the Assistant Professor of Chemistry got in trouble with the law, after he damaged cars in the town of Greenwich and urinated in the parking lot. In wake of that incident, UConn placed him on administrative leave. Meanwhile, last month, police came to his apartment to enquire about a welfare check, and he allegedly used a racial slur and kicked and spit at the police officer who showed up.

There is no reason to make your legal situation worse than it is.

Unfortunately, if you are already in difficult straits, you may not understand what you need to do to straighten your situation out and get the help you need. Contact with the team here at the Kraut Criminal & DUI Lawyers for a free and thorough consultation about your possible Los Angeles DUI defense options.
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June 11, 2014

Former Florida Trooper Forgives Recaptured DUI Fugitive

by Michael Kraut

Facing a DUI in Los Angeles is difficult, especially when another party has been injured. However, reconciliation is possible, even in the worst circumstances. One example is this recent story from Miami, FL.

At a hearing in Miami-Dade on Friday, June 6, Marissa Sanders, a former Florida Highway Patrol Trooper, says she has “moved on” with her life. This comes as the individual who caused her career-ending injuries has been apprehended after ten years on the run.

The case began in April 1998, as Sanders conducted a routine traffic stop on I-95. Samuel Silva, whose blood alcohol limit was at twice the legal limit, hit Sanders’ cruiser and pushed it into the car she had stopped. The resulting gas tank explosion caused third-degree burns to her legs, an injury that ended her patrol career.

Due to the serious injuries Sanders sustained, Silva received a 9-year, 5 month sentence. After appealing this verdict, Silva was released on bond until 2004, when his conviction was upheld. Rather than surrendering as ordered, he fled the country.

Using a false passport, Silva traveled to several countries to evade recapture. He remained a fugitive until May 2014, when the U.S. Marshals Service located and arrested him in Panama City. Silva is now back in South Florida to serve his sentence – and he will likely face additional charges.

DUI and Injury

When driving under the influence leads to injuries, the effects can be devastating for both parties. The injured party must deal with pain and trauma that could last a lifetime, and the responsible party faces potentially harsh consequences.

California Vehicle Code Section 23153(a) allows prosecutors to convert DUIs from misdemeanors to felonies if one or more victims have sustained injuries. The penalties, which become more severe based on the number of victims and extent of injuries, can include:

•   Prison terms
•   Victim restitution and court fines
•   Professional repercussions, such as loss of a job or certification

Dealing with these potential punishments can instill fear and anxiety, but you can take responsibility for your actions with the help of Los Angeles DUI attorney, Michael Kraut.

Mr. Kraut has extensive experience defending clients with offenses of this nature. For a free consultation, contact the Kraut Criminal & DUI Lawyers today.
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June 9, 2014

Florida DUI Fugitive Found in Panama after 10 Years

by Michael Kraut

When facing a Los Angeles DUI case involving an injury to the other party, consider the story of Samuel Silva, who was recently arrested in Panama after ten years on the run.

In April 1998, Silva struck the patrol car of Florida Highway Patrol trooper Marissa Sanders, who was conducting a routine traffic stop. The impact pushed Sanders’ cruiser into the stopped car in front of it, causing that vehicle’s gas tank to explode. Sanders sustained extensive third-degree burns to her legs, the severity of which ended her highway patrol career.

Silva, whose blood alcohol level had tested at double the legal limit, was sentenced in 2001 to 9 months and 5 years in prison. After his appeal and its subsequent denial, the judge ordered him to surrender in 2004 to serve his sentence; however, he never reported.

Instead, Silva used fraudulent passports to escape the country. According to investigators, he traveled throughout Spain, Mexico, and other countries before settling in Panama City. There, U.S. Marshals found and arrested him in May 2014 and brought him back to South Florida.

Although Sanders is surprised Silva has been brought to justice – again – after all these years, she expressed disappointment at his unwillingness to “take responsibility” for his actions.

In California, driving under the influence results in harsher sentences when they lead to injuries of another party. Under California Code Section 23153 (a), driving under the influence is a misdemeanor; with a resulting injury, it becomes a felony. This can cause penalties such as:

•   Prison sentences
•   Restitution to victims
•   Extensive court fines

These punishments increase depending on how many people were injured and the severity. A conviction can also result in job loss, loss of professional licenses, and increased penalties for any future DUIs.

Although facing a DUI with injury is difficult, taking responsibility for your actions is always preferable to running away. A Los Angeles DUI attorney can work to identify mitigating factors and build a defense that will help resolve your case.

Michael Kraut’s comprehension of California law and relationships with law officials can help you build a powerful case to avoid a wrongful conviction or harsh sentence. For your free consultation, contact the Kraut Criminal & DUI Lawyers today.
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June 4, 2014

How Many Drinks Can You Have Before You’re Above the Los Angeles DUI Limit?

by Michael Kraut

It’s a common question with a surprisingly subtle answer: How many alcoholic drinks can you consume before you’re over the Los Angeles DUI limit of 0.08% BAC – the cutoff point for misdemeanor DUI, as defined by the California Vehicle Code?

As you might remember from driver’s ed, you can roughly calculate the answer based on your gender and body weight. Key variables involved include your weight, the number of drinks you consume, and the time that elapses between drinking.

The following assumptions are usually correct:

•   The heavier you are, the more you’ll need to drink to become intoxicated;
•   The more drinks you consume, the more intoxicated you’ll be;
•   The more time that elapses after you start drinking, the less intoxicated you’ll be, since your liver will have more time to process the alcohol and clear it from your system.

As a general gauge, this system does a pretty good job. But these estimates are really just ballpark figures. You can follow the system to the letter and STILL wind up with a high blood alcohol concentration and a DUI on your record.

In some ways, this system is similar to the one that your doctor might use that shows the relationship between your BMI (body mass index) and health. In general, you want to avoid being obese – just like you want to avoid consuming massive amounts of alcohol and spiking your blood alcohol level above 0.30%.

But there is a lot of room in the middle. For instance, studies have shown that people who are moderately overweight may actually live longer than overly thin people. Likewise, a bodybuilder who has very low body fat and a lot of muscle may have the same BMI as someone who is very unmuscular but who has a lot of visceral adipose tissue (not a good thing). So just looking at BMI alone doesn’t give you enough good information. Likewise, just looking at the amount of alcohol you consume and the amount of time in between drinks may not give you enough good information. Other meaningful factors could include:

•   Whether you’re a man or woman (men and women process alcohol at different rates);
•   Your general alcohol metabolism;
•   Whether you’ve consumed other substances, such as prescription drugs or marijuana;
•   Whether you’re familiar with the vehicle that you’re driving and the roads that you’re driving on;
•   Whether you’ve consumed food or not;
•   Whether you’re sick or not;
•   Whether you’re fatigued, stressed, angry – or well-rested, calm, and in good spirits.

The moral is that trying to calibrate an ideal formula for everyone to prevent DUI driving is a bit silly and naïve; it ignores all the complexities of human biochemistry and the complex dynamics of safe driving.

For help dealing with your Los Angeles DUI arrest, look to the Harvard Law School educated Attorney Michael Kraut and his team at the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor with tremendous experience – in his capacity as Deputy District Attorney for Los Angeles, he racked up a very impressive 99-plus percent success rate at jury trials.