DUI Crime and Punishment

June 15, 2015

DUI Driver Kills Cyclist, Causes Two More Crashes

Motorists involved in a Los Angeles DUI accident sometimes cause property damage and (fortunately, more rarely) death or injury to themselves or someone else. But very few of them are involved in three incidents–one deadly–in the same day.

A Las Vegas driver who reportedly caused three accidents on Thursday, June 11th–one when he was apparently sober, two when he was allegedly DUI–was sitting in jail without bail a day later. But his incarceration came too late for a 67-year old cyclist, who lost his life when their paths crossed.

The Nevada Highway Patrol’s first contact with Zoltan Istvan Pentek, 22, came around 10 p.m. on Thursday night, when police say he was involved in a crash on Interstate 15. The responding officers later said that Pentek filled out an incident report and showed no signs of impairment, according to the Las Vegas Review-Journal.

About an hour and a half later, at 11:40 p.m., Pentek hit 67-year-old Larry Martinez, who was riding his bike near the intersection of Charleston Boulevard and Mojave Road. Martinez had been wearing a reflective vest when Pentek slammed into him from behind, causing fatal injuries.

Pentek didn’t stop, but fled the scene, per the Review-Journal, leaving behind a piece of trim from his dark green, 1999 Honda Civic. Just 10 minutes later, he allegedly caused another crash at an intersection not far from the fatality scene. The police picked him up shortly after this accident. After matching the trim left at the earlier incident to his car, they eventually charged him with DUI involving death and leaving the scene of an accident involving death.

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 10, 2015

Will New Technology (DADSS) Make DUIs Disappear?

by Michael Kraut

A new technology introduced by the DADSS program (the Driver Alcohol Detection System for Safety) holds the potential for eliminating arrests for DUI in Los Angeles and all over the country.

DADSS is building prototypes of an alcohol detection system (ADS) that would prevent a car from moving if the blood alcohol content of the driver exceeded 0.08. That’s the legal limit in all states. DADSS is experimenting with two types of technology to determine BAC. One is a breath-based system that automatically measures the alcohol level in a driver’s exhaled breath. (No breathalyzer needed.) The DADSS website said the technology would “accurately and reliably distinguish between the driver’s breath and that of any passengers.”

The second technology DADSS will be testing is a touch-based system. This measures blood alcohol levels under the skin’s surface by shining an infrared-light through the fingertip. DADSS said automakers could integrate this system into a vehicle’s start button or steering wheel, making it possible to take multiple accurate readings in less than a second.

The National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety (ACTS), which represent automakers, have formed a public/private partnership to sponsor the DADSS research. Their plan is to make the ADS an optional safety feature on vehicles, like automatic braking and lane departure warnings.

If and when the ADS technology becomes commercially viable and available to car buyers, it could help save some of the 10,000 lives lost to DUI incidents each year.

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 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.

May 25, 2015

DUI Arrest Pits Cops Against Town Administrators

by Michael Kraut

Some people picked up for a DUI in Los Angeles or some other city may try to bluster their way out of a charge by claiming to have friends in high places who will get them off and make trouble for the arresting police officers. In almost all cases, of course, it’s a bluff that doesn’t do the alleged DUI drivers much good.

But one man in Chelsea, Oklahoma, did get a little help from some high-up friends—and the furor over his arrest has caused a big outcry in this small town of less than 2,000 residents.

When police office Nicholas Pappe pulled over local businessman Brian Haggard on suspicion of DUI, Haggard admitted to having had about eight beers before driving. But this fairly straightforward DUI arrest turned controversial when Haggard called his good friends for help. They happened to be the town’s police commissioner and Kenny Weast, the town’s city manager. (Weast shares ownership of a local bar with Haggard.)

Weast showed up while Pappe was questioning Haggard, and asked to take Haggard home without an arrest. But Pappe—who is a new police officer, on probation—refused to overlook the DUI infraction and charged Haggard with DUI. (The businessman’s blood alcohol content was well over the legal limit at .106.)

The controversy came to the attention of the Chelsea city council, which voted 4-1 to let Weast keep his job, despite his interference with an arrest. Pappe, meanwhile, could lose his position if the city council votes to dismiss him.

Chelsea’s assistant police chief said that the action has been disheartening for his officers, who have also received death threats. Haggard, meanwhile, said it is the police who are ruining the reputation of the town.

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.

May 18, 2015

DUI Drivers Run Out of Gas and into Trouble

by Michael Kraut

Anyone who’s ever run out of gas while traveling knows just how much of a problem it can be to get the car to a safe place, call for help and wait until that assistance arrives. But if cops show up and discover that drivers have another problem—like enough alcohol in their systems to be arrested for a DUI in Los Angeles—those drivers are more likely to be headed to jail instead of to the nearest gas station.

Just ask Jason Kinthiseng of Cortland, New York. When his car ran out of gas around midnight on May 4th, he flagged down an officer who was returning from handling another call. It didn’t take Sergeant Christopher Marinelli long to figure out that at that moment Kinthiseng needed a breathalyzer test more than he needed gas for his vehicle. Kinthiseng’s blood alcohol content measured .18–more than twice the legal limit. The news story doesn’t mention whether or not Kinthiseng eventually got gas for his vehicle, but he did get a charge of aggravated driving while intoxicated.

Then there was 30-year old Jovanna Dawn Talks from South Dakota. Her running-out-of-gas incident not only yielded two counts of DUI but also three counts of abuse or cruelty to a minor and one count of hit and run.

Talks had her three young children–all under five years old–in the car with her when she rear-ended a 2001 Ford Edge at an intersection in Argus. Instead of stopping, Talks allegedly kept driving and got onto I-229, where she ran out of gas. It was 3:20 a.m. when the police found her and her kids in the car, resulting in the charges against her.

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.

May 13, 2015

You Don’t Need a Car for a DUI Arrest

by Michael Kraut

When police arrest someone for a Los Angeles DUI, the suspect is usually driving something like a sedan, an SUV, a motorcycle or a truck. But that doesn’t mean that DUI arrests are limited to people driving this type of motor vehicle. The three people mentioned below could tell you that the determining factor is not what you drive but what your blood alcohol content is when you’re driving it.

In Clay City, Kentucky, police arrested 57-year-old Billy Strange for driving a lawn mower while intoxicated. Strange was moving along Third Street around 10 p.m. on the night of Friday, May 2, when police pulled him over. His blood alcohol content was .151—well above the state’s legal limit of .08.

Then there was Jay Doyle Wallace of Rogersville, Tennessee. Police found him at the scene of an accident on Highway 70 north on April 11th. But he hadn’t wrecked a car—Wallace was driving an Agco Allis farm tractor at the time. He claimed the accident had been caused by another vehicle swerving into his lane of traffic. Police charged Wallace, who had two prior DUI arrests, with a third-offense DUI, failing to exercise due care and violating the state’s implied consent law, since he refused a blood alcohol content test.

But a 40-year-old man from Scotland may have the distinction of most unusual DUI in recent months. Officers found Paul Hutton driving a pink child’s Barbie car down a road in Clacton-on-Sea in Essex at 10 p.m. at night. Hutton said he had been drinking while customizing the car for his son, and he didn’t realize he was over the limit when he decided to drive over to a friend’s house to show off the vehicle. (His BAC was twice the legal limit.) Since it was Hutton’s second DUI (we assume the first was for driving a regular vehicle), he lost his license for three years.

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.

May 11, 2015

This DUI Driver Isn’t a Fast Learner

by Michael Kraut

How many times can police charge a driver with a Los Angeles DUI before that driver gets the message that he (or she) is doing something wrong?

Many people change their ways after cops arrest them just once for that offense. But one driver from Rhode Island doesn’t seem to have understood that he was doing something wrong.

John Lourenco may have set a record for being arrested for DUI four times in 30 hours, especially since he managed to do it while driving four different vehicles. According to the Smoking Gun website, the 53-year-old’s DUI odyssey began in Providence on a Sunday afternoon in late September, when his Dodge pickup truck hit an SUV carrying two children. Fortunately, the accident didn’t cause any serious injuries to the kids. Lourenco was released to the custody of his elderly parents.

Lourenco’s next three arrests came in Cumberland. Around 7:15 on Monday morning, morning, with a blood alcohol level of .22, he rear-ended another vehicle while behind the wheel of a Chevy Malibu. Four hours later an officer pulled Lourenco over as he was driving a 1970 Plymouth Barracuda. The final time the police picked Lourenco up he was using a dump truck as his vehicle of choice—and he was still drunk. In just 30 hours, Lourenco had managed to hit three cars and a tree. Each time the police called his parents to come pick him up.

The DUI repeat offender got his day in court in late April 2015. The judge sentenced him to two years in the state prison, which will give him plenty of time to consider the error of his ways.

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.

May 6, 2015

DUI Driver Tries for Revenge with Fake Affair

by Michael Kraut

Some drivers pulled over for DUI in Los Angeles may fantasize about getting even with the cop who arrested them. They may be too impaired at the time of their arrest to realize this isn’t a good idea, but when the alcohol fumes dissipate their plans for revenge usually disappear as well.

That wasn’t the case with one Illinois man arrested on February 2 for DUI, reckless driving and fleeing police. The 37 year old driver threatened a local Sheriff’s Deputy, who corralled him on a road near Decatur Airport after a brief chase.

According to the Decatur Herald Review, the driver threatened revenge because his wife was less than pleased after receiving a call from her jailed husband. The driver told the deputy that he had ruined his life and his marriage.

So the driver tried to destroy the deputy’s marriage by faking a series of letters to the deputy’s wife. He pretended to be a female corrections officer who was having an affair with the deputy. At one point the driver even sent a pair of pink women’s panties to the deputy.

The deputy immediately alerted his superiors, who began an investigation. They finally traced the letters to the driver through an Easter card he sent asking him to take the supposed affair to the next level. After discovering that Walmart sold the card, investigators were able to use surveillance video and credit card information to link it to the driver.

Revenge will not be sweet for the driver, who has already lost his license for three years for refusing a breathalyzer test and faces DUI charges. Now he’s also looking at felony charges for threatening a witness and for forgery.

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 experience Los Angeles DUI attorney with many relevant connections in the local legal community.

April 15, 2015

No Class Action Suit for Questionable DUI Arrests

by Michael Kraut

People involved in Los Angeles DUI cases–and in DUI cases across the country–often allege that the cops who have charged them have lied about the evidence that was used against them. Whether that’s true or not, drivers in Utah won’t be getting the chance to collectively make their case against one former state trooper.

The Utah case involves former Highway Patrol Officer Lisa Steed, honored in 2007 as the State Trooper of the Year but later fired after two judges found that she had lied in court and falsified reports in her DUI arrests. Steed made more than 1,000 such arrests in the course of her 10-year career with the department.

In December 2012, attorneys for three Utah motorists proposed a class action suit against Steed and the Utah Highway Patrol. They argued that Steed’s improper behavior had harmed hundreds or even thousands of drivers arrested for DUI, and that those drivers should be allowed to band together to sue her and UHP.

But Second District Court Judge Michael Allphin ruled in April that the circumstances of each DUI case were too unique to allow everyone arrested by Steed to become part of a single lawsuit. According to KSL.com, the judge wrote in his decision that “The proposed class members’ traffic stops occurred over a period of several years, at various locations, at different times of the day, and for differing reasons. These differences must be considered when determining whether reasonable suspicion and probable cause existed under the totality of circumstances of each traffic stop.”

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.

April 8, 2015

After Killing Teen, Illinois Driver Arrested Again for DUI

by Michael Kraut

It would be devastating to learn that someone you loved had been killed or seriously injured by someone arrested for a Los Angeles DUI. It would make matters even worse if you found out that ten years later that driver hadn’t learned his lesson.

The family of 17-year-old Caitlin Weese of Elgin, Illinois, got the dreaded call back in 2003. Paramedics had rushed the high school senior to the hospital after 23-year old James Stitt hit her car head on. Weese died two days later just a few weeks before her high school graduation. Stitt had two prior arrests for DUI, and police found he was driving on a suspended license when he swerved into oncoming traffic and ran into Weese.

Stitt went to prison but got out in 2009. Just four years later, he got his license back, but had to use an ignition interlock device to start his car. Under current Illinois law, however, he was able to get that device removed after a year.

In November 2014, police found Stitt slumped over the wheel of his vehicle after he had crashed into two parked vehicles. After he failed a field sobriety test, police charged him with felony aggravated DUI. (There’s been no resolution of that case to date.)

Stitt’s latest arrest has spurred a move to change Illinois’ DUI law. Thanks to an effort by Weese’s family, who were outraged by Stitt’s newest arrest, a bill making it much tougher for repeated DUI offenders to get their drivers licenses back is speeding through the state legislature.

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.