DUI Consequences

December 23, 2015

DUI Driver Involved In Cover-Up Conspiracy

Drivers convicted of a Los Angeles DUI may fear the consequences if they’re picked up a second or third time for driving under the influence and/or for causing an accident. Under the California Vehicle Code 23550, repeat DUI offenders could end up spending up to a year in jail and paying a fine of up to $1,000. If they severely injure or kill someone, the penalties are much more severe; under California Penal Code 191.5 a driver convicted of DUI with gross negligence could face up to 10 years in jail.

Joshua Daniel Taylor could be looking at that sentence if he ends up standing trial for the death of 38-year-old Rocio Leamon on August 13th. The mother of three was trying to safely cross a road in the Lake Murray/San Carolos area. She had done the right thing, pushing the signal button and waiting for the pedestrian signal before stepping into the roadway. Continue reading

December 14, 2015

The Damage Done By Los Angeles DUI Drivers

by Michael Kraut

Most arrests for DUI in Los Angeles don’t make the headlines. That’s actually good, because it means that the driver did not kill anyone, injure anyone seriously or cause extensive property damage.

But news reports from all around the country do carry stories every day about a DUI driver who has caused irreparable harm. In just a one-week time period, media sources reported on these incidents:

• A judge in Springfield, Massachusetts, revoked bail for a woman accused in an August crash that left a 16-year-old paralyzed from the chest down. The court had initially released Jomaris Colon on $2,000 bail. After Colon’s second probation violation, a judge ordered her back to jail for at least 90 days.

MASS Live reports that the victim, Alex Scafuri, had been skateboarding home from his school’s volleyball tryouts when Colon hit him. The 26-year old driver, who didn’t have a license, allegedly fled the scene after the accident.

The prosecutor claims to have videos from various stores that day that show Colon making alcohol purchases. Meanwhile, MASS Live website reports that Scafuri’s family is performing the painful task of clearing out all of the sports equipment that the teen will no longer be able to use.

December 9, 2015

Lack of Front Tires Gives DUI Driver Away

by Michael Kraut

Note to drivers who want to overindulge and drive anyway: If you are trying to avoid getting nabbed on a Los Angeles DUI charge, make sure that all the important parts of your vehicle are intact before you head down the road. If police spot you driving a vehicle without some vital part—like, say, front tires(!!)—they just may get suspicious and pull you over.

To wit, Fox 32 in Chicago recently reported about the arrest of Marco A. Nieves, who hails from the northwest side of the Windy City. A police officer in the suburb of Riverside spotted Nieves around 4 a.m. on the morning of November 29th. Nieve’s car had heavy front-end damage and was missing the two front tires. Although Nieves allegedly had been traveling slowly, the metal rims of the car were throwing sparks.

When the officer pulled Nieves over, the 46-year-old reported, in slurred speech, that he had been in an accident. Blood on his shirt seemed to confirm the story. Police, noting his glassy eyes and the strong smell of alcohol on his breath, gave him several field sobriety tests, which he allegedly failed. Nieves refused to take a breathalyzer test, however.

December 4, 2015

Do Double Los Angeles DUI Drivers Get Their Vehicles Back Too Soon?

by Michael Kraut

Police officers who arrest motorists for DUI in Los Angeles occasionally run across drivers who don’t learn from their initial mistakes. As soon as these alleged DUI drivers are out of jail, they get behind the wheel again.

One woman in Somerset, Pennsylvania, may hold the record for the least amount of time between DUI arrests. She’s certainly a contender.

On Saturday, November 14th, around 5 p.m., Pennsylvania State police arrested Michele Leonard, age 47, on charges of DUI after she crashed her car in an intersection in Somerset Township. They gave her a breathalyzer test and took her to the station, where officers did the paperwork and then released her.

Leonard still apparently wasn’t thinking too clearly, because she gave $3 to a stranger to take her back to the crash site. She got back in her car and proceeded to drive away, only to lose control of her vehicle and smash the side of a parked car. She ended up traveling down a nearby driveway and through the owner’s shed, destroying both the building and many of the expensive tools inside.

November 27, 2015

Teachers Need Education on DUI

by Michael Kraut

Students who take drivers education in the Southern California area hear numerous warnings during their classes about the dangers of DUI in Los Angeles. But sometimes the teachers of these classes ignore their own good advice.

Take the case of 51-year-old, Richard Bull. The Fort Myers, Florida, CBS affiliate WINK reported on that when Bull attempted to pull into a McDonald’s parking lot in Alva, Florida, his vehicle jumped the curb and landed up in a ditch alongside the fast-food restaurant. When Lee County deputies reported to the scene, he allegedly compounded his problems by trying to convince them that someone else was driving his car and had taken off when they approached.

This scenario would have embarrassed anyone (once they were sober again), but the real problem in Bull’s case is that he teaches driver’s ed at the local Riverdale High School. He was even wearing a school tee shirt when arrested. The Lee County School District said that while it doesn’t fire teachers for DUI, it will probably reassign the (now former) driver’s ed teacher.
Even if they don’t teach driver’s ed, educators are expected to set a good example behind the wheel. But in Williamson County, Tennessee, a finalist for the state’s Principal of the Year got in trouble when he crashed his car in late October, causing some property damage.

November 25, 2015

Holiday Survey Highlights Attitudes Towards DUI

by Michael Kraut

Would you be able to tell if someone you knew was at risk for a charge of DUI in Los Angeles? Would you take away a friend‘s or a guest’s vehicle keys if you felt they had consumed too much alcohol to drive?

Just in time for the holiday season, The Foundation for Advancing Alcohol Responsibility released the results of a national poll it took in September 2015. The purpose was to gauge American’s alcohol awareness.

Apparently Americans still have a lot to learn. More than half of all adults in the U.S. (63 percent) don’t know that the legal limit for blood alcohol concentration in their state (and in every U.S. state) is .08 percent.

November 16, 2015

Gotten Multiple Los Angeles DUI Arrests? How to Make Sure 2016 is “DUI Free”

by Michael Kraut

As the year winds towards the holidays, and you look back on 2015, you have to admit that this one wasn’t exactly your best. Your Los Angeles DUI arrest, in some sense, was the tip of the iceberg. Maybe you faced rejection at work or financial problems. Perhaps you had a big issue with a personal relationship or suffered a health setback that led you to take refuge in the bottle or in some other compulsive activity.

2015 is a year you would like to forget.

That said, you want to take away valuable lessons from what happened to avoid repeating mistakes going forward. In our society, we are taught to pay attention to our neighbors and friends — to measure our progress in relation to what others do. But it’s more accurate (not to mention more resourceful and compassionate) to measure our progress based our OWN past experiences.

To that end, let’s unpack your year. Ponder the following questions:

November 11, 2015

Halloween DUI Driver Scares LA Motorists and Pedestrians

by Michael Kraut

A Halloween night DUI in Los Angeles left 10 people injured and a 40-year old man in jail for allegedly driving while impaired.
According to KTLA channel 5 and other local news reports, Michael Maurice Wilson had cocaine in his possession when police finally caught up with him after his out-of-control driving spree. Wilson, who was driving a rented U-Haul truck, allegedly initially sideswiped a parked vehicle on Seventh Street. But he didn’t slow down, and ended up traveling a short distance in the wrong direction on Seventh Street. He finally crashed into a motorcycle carrying two passengers and a vehicle with four occupants. (The driver of that vehicle was making an Uber run.) Wilson then plowed into a sidewalk, hitting several pedestrians before coming to a stop.

Wilson, who told police he had been heading to the store, abandoned his truck but didn’t get far before police arrived.

Ten people received injuries during Wilson’s scary Halloween drive; three ended up in the hospital, but police said none of the injuries was life-threatening. Wilson allegedly admitted that he was under the influence of marijuana, and police booked him on charges of DUI and possessing cocaine.

November 2, 2015

Citizen Makes Arrest After Encounter with DUI Driver

by Michael Kraut

People who imbibe too much alcohol or operate a vehicle under the influence of illegal drugs in Los Angeles (or anywhere) can be unpredictable in their behavior. Would YOU confront a likely DUI driver if you had a close encounter with him or her?
A man in Chickasha, Oklahoma, did just that when a driver operating the influence threated his family. A report on television station KFOR 4 said that Jared Shepperd made a citizen’s arrest after chasing down the driver who almost hit his family’s vehicle head on.

Joley Schulte, age 44, allegedly had been traveling in the wrong direction (going south in the northbound lane) on a bridge over Country Club Road. Shepperd, with his wife and two-year old son in the car, was also traveling northbound, but in the proper lane. A collision seemed inevitable, but Shepperd acted quickly and reversed direction, backing up at 35 miles per hour. Even then, he only narrowly escaped Schulte slamming into his vehicle and his family. (The news report quoted Shepperd as saying his driving looked like something out of a Fast and Furious movie.)

Schulte kept driving along—she finally pulled into the right lane–but Shepperd, who is a volunteer firefighter, followed in hot pursuit, eventually catching up with at her at an intersection along Country Club Road. He managed to block her from leaving until the Chickasha police arrived. The police arrived and performed a sobriety test on Schulte.

October 21, 2015

Unusual Los Angeles DUIs Make Headlines… Including DUI in a Wheelchair

by Michael Kraut

Arrests for DUI in Los Angeles aren’t usually big news unless the person arrested is some sort of celebrity. But sometimes a story about a DUI arrest—in any part of the country–is so unusual that online news outlets and social media provide widespread coverage. Here are two crazy breaking stories:

Wheelchair DUI for Florida Man

In Palm Bay, Florida, police just arrested 54-year-old Ronny Hicks on DUI charges. Nothing extraordinary about them—except that Hicks has been driving an electric wheelchair at the time. Visitors to a city park called police, complaining that Hicks was blocking a pedestrian path. When police arrived, they allegedly smelled alcohol on Hicks’ breath and said that he appeared to be highly intoxicated.

Hicks tallied not his first but rather his third DUI arrest in 10 years. Under Florida law, that could mean a fine of $2,000 and mandatory imprisonment for at least 30 days. (Three Los Angeles DUI convictions within 10 years leads to felony counts.) But Hicks’ attorney doesn’t seem to think that the most recent charge of DUI in a wheelchair will stick.

Alleged DUI Driver Hides in Church, Claims Dog Did It

Another Florida motorist, this time from Manatee County, came up with an unusual excuse when police finally caught up with him to question him about his driving. TV station WFTS reported that sheriff’s deputies spotted Reliford Cooper speeding and tried to pull him over. Instead of obeying, the 26-year-old took off, leaving the road and driving through two ditches before crashing into a house. But even that act didn’t slow Cooper down; he took off on foot and tried to hide in a church. The churchgoers, however, had none of it, and they chased Cooper out of their building.

The deputies finally got Cooper into handcuffs, which is when he allegedly told them that he wasn’t responsible for the erratic driving because his dog was driving the car. (The dog must have been invisible, because nobody has seen a trace of it.) The officers didn’t buy his story, since Cooper smelled like alcohol and marijuana. They charged him with 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.