DUI Crime and Punishment

April 3, 2015

New Jersey Cop Kills Two Friends in Wrong-Way DUI

You’d think that police officers charged with enforcing DUI laws would learn a lesson if they got themselves arrested for a DUI in Los Angeles or some other jurisdiction. But that that wasn’t the case for Pedro Abad, Jr., age 27, a six-year veteran of the Linden police department in New Jersey. He already had two DUI arrests on his record when he got behind the wheel after partying with friends on March 20th.

According to press reports, Abad and three friends—Linden police officers Frank Viggiano and Patrik Kudlak,, and Joseph Rodriguez, all 28 years old—were traveling in Abad’s Honda after spending several hours at strip clubs in New Jersey and Staten Island. (Newday said that several hours before the crash Abad had posted on Instagram a photo of three shot glasses filled with “Jack Daniels fire on the house.”)

Shortly before 5 a.m., Abad apparently drove the wrong way on a service road and then continued in the wrong direction on the West Shore Expressway on Staten Island. One 18-wheeler managed to avoid colliding with the vehicle, but another wasn’t able to move out of the way in time and hit Abad’s Honda head on. Viggiano and Rodriguez were killed, and Abad and his remaining passenger were admitted to the hospital in critical condition.

Abad had two arrests for DUI on his record. In January 2011, he put his car through a supermarket building in Roselle, New Jersey. The case never came to trial because Abad’s attorney said the police had not sent him information that he requested. Thirteen months later—in an incident caught on police recording equipment—Abad failed a roadside sobriety test when pulled over. After that incident, the state suspended his driver’s license for seven months and required him to use an ignition interlock device for four months.

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.

March 20, 2015

Will You Use Your Smartphone to Avoid Charges of DUI in Los Angeles?

by Michael Kraut

People who have had a drink or two (or three) often don’t realize that they shouldn’t drive because they’re over the legal limit for blood alcohol content. That could change if Uber (the app that connects people needing rides to those willing to offer them) is successful in a new partnership with Breathometer, a startup company featured on the Shark Tank television show last year. The partnership might not eliminate everyone’s need for a Los Angeles DUI attorney, but it could reduce the number of DUI arrests in the city and in others.

Breathometer gives people the ability to check their blood alcohol content. It works through a combination of a smart phone app connected by Bluetooth technology to a device that people breathe into after they’ve been drinking. In less than a minute, people can get their BAC measurements to determine whether or not they’re legally safe to drive.

The partnership between Uber and Breathometer should make it easier for anyone who’s had a little too much to drink to get a ride, because they will be able to call Uber directly from the Breathometer smartphone app. The idea is that people will be less likely to get behind the wheel if they have this quick-call option.
Uber has been claiming that its service is reducing the number of DUI drivers. A joint Uber/Mothers against Drunk Driving study suggests that the availability of Uber as a transportation alternative helped decrease the number of DUI crashes in a city by 60 percent for drivers under 30. But ProPublica, a public interest journalism website, said that while the drop in accidents may correlate with the presence of Uber in a certain city, there’s no proof that Uber is actually the cause of that drop.

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.

February 23, 2015

Research Suggests an Intriguing Reason for Why People Do Stupid Things While DUI in Los Angeles and Elsewhere

by Michael Kraut

One of our recent blog posts covered some strange Los Angeles DUI stories, and today’s tale isn’t any less bizarre. On February 17th, an Australian man presented at a local hospital with a deep chainsaw wound that he had allegedly caused himself.

After accidentally cutting his hand with a chainsaw, Timothy Woodrow stitched the wound at home and doused it in gin before taking a few swigs for the pain. He attempted to drive himself to the hospital while intoxicated. Police pulled him over for neglecting to stop at a stop sign. When they tested Woodrow’s BAC, they found he was significantly over the legal limit and arrested him.

Alcohol and Judgment

What makes strange errors of judgment so frequent with DUI cases?

New research into alcohol’s effect on the brain indicates that the same reaction that causes impaired judgment is also responsible for slowing the brain’s “alarm signal” response. This response alerts other parts of the brain that something is wrong.

Researchers measured participants’ moods, perception, and accuracy while performing computer tasks under the influence. Results showed that the affected participants made little effort to correct or avoid errors. The researchers found that alcohol’s influence on the brain doesn’t actually reduce its ability to recognize mistakes, but instead affects the ability to care about them. Participants in the study simply didn’t feel bothered by the mistakes they knew they were making.

Perhaps this is why people sometimes find themselves apologizing to friends the morning after a night of drinking. This may give some insight into why people insist on driving when they know they’ve had too much to drink. An individual may recognize that driving would be a mistake, but he or she feels confident that “everything will be fine” and gets behind the wheel anyway.

If you made a mistake, and police arrested you for a DUI, seek experienced counsel to respond to your charges. Call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

February 18, 2015

4 Bizarre DUI Stories That Will Leave You in Stitches

by Michael Kraut

Even Los Angeles DUI attorneys get a chuckle out of some of the bizarre DUI charges brought against individuals throughout the world. Sometimes the definition of “motorized vehicle” stretches even the best imagination, and other times people exhibit a complete lack of common sense.

Regardless, the stories of these crazy DUI instances live on through the internet. Here are a few of our favorites:

1. Man arrested for DUI on a horse. One inebriated individual decided to ride a horse around a strip mall while intoxicated. The man clearly exhibited signs of intoxication, but the police scratched their heads after the arrest. They knew how to handle an intoxicated man, but what do you do with his horse?

2. Russian tank crash. This case is not a DUI, per se. Russian soldiers decided to make a trip for more vodka – in a tank. During the trip, a solider steered the tank directly into a civilian house. A second crash very nearly occurred when the tank backed out of the first home. The official story from the Russian military blames mechanical malfunctioning for the accident.

3. Motorized coolers, Barbie cars, and wheelchairs. Three separate DUIs from around the world feature these “motorized vehicles.” A man riding a motorized cooler with a 50cc engine faces DUI charges in Australia. Officers pulled Paul Hutton of England over for DUI in a souped-up toy Barbie car. Another case in England featured two individuals riding a motorized wheelchair under the influence.

4. Goats at DUI checkpoints. One lady in Washington, DC, almost made it through a DUI checkpoint, until police heard noises in the trunk. When asked, Fiona Enderdy told officers about the goat in her trunk. The poor fellow was tied up in the back of the miserably hot vehicle. Enderdy escaped a DUI charge that night, but she did face charges of cruelty to animals.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

February 6, 2015

Woman Known for Having Three Breasts Charged with DUI in Tampa

by Michael Kraut

Los Angeles DUI reports can be strange, but Florida has got California beat this week in the “DUI news of the weird” department. Authorities arrested a three-breasted woman, 21 year-old Jasmine Tridevil, in Tampa for DUI. The New York Daily News cheekily broke the story, saying, “some busts are certainly worse than others.”

The defendant’s legal name is Alisha Jasmine Hessler; she is known online for her claims that she used cosmetic surgery to attach a third breast. Many experts (as well as Snopes.com) have refuted her claims of plastic surgery, saying that it would be very difficult and take several years to successfully complete.

Per the Daily News, Hessler had been driving “erratically in the area of Adamo Drive and 21st Street shortly before 4 am Monday [Jan. 26], when an officer spotted her.” She was also speeding and ran a red light. Police Hessler for DUI after she failed a sobriety test. Police indicated that her BAC was .18% at the time – well over two times the state’s 0.08% limit.

This is not the first time Hessler has been arrested. In 2013, authorities busted her for fraudulently using personal information; and she faced charges of holding a man captive in her home.

Hessler’s story may be eye catching and bizarre, but DUI cases are no laughing matter.

For a first time DUI offender in California, sentencing may include fines, driver’s license suspension, mandatory DUI school attendance, forced use of an interlock device before driving, probation, and jail time. A BAC level of .15% or higher could elevate a DUI to an aggravated DUI, with harsher sentencing.

Even aggravated DUI charges may be fought, and the sooner you seek advice, the better you will understand your case’s circumstances.

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.

January 26, 2015

Colorado Researchers Race to Collect Data on Drug DUIs: Los Angeles DUI Attorney Assesses

by Michael Kraut

The recent legalization of marijuana in Colorado and Washington – in addition to the widespread and growing approval of medical pot — has spurred some fascinating research. Scientists want to understand how the growing wave of marijuana users is influencing the landscape of DUIs. Many police officers and other professionals working on this problem contend that drug DUI driving could become increasingly disruptive and deadly as marijuana laws soften.

Medical marijuana use is legal in California, but smoking and driving can still easily land you a drug DUI in Los Angeles and around the state.

Very few studies have been done to assess the risks of driving while high on marijuana. The National Institute on Drug Abuse and the NHTSA are wrapping up one such study — a 3-year investigation that researched the drug’s effects on driving. Using one of the most powerful driving simulators on the planet, researchers gave test participants either a placebo or varying concentrations of the drug and asked them to use the simulator.

The study yielded a surprisingly negative result. The data analysis software can detect subtle changes in driving behavior; and participants on marijuana exhibited hardly any change.

Police officers are not convinced that THC is innocuous, however, and don’t hold your breath waiting for the law to keep up with the science. Roadside THC detection tests are being developed and sold to law enforcement agencies in areas where pot is legal. Drivers pulled over while under the effects of marijuana can still be given a DUI – even in states like California where consumption can be legal. In California, police test for marijuana impairment using blood tests, which can indicate recent use.

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.

January 21, 2015

San Francisco, Los Angeles DUI Rates Drop Thanks to…Taxis?

by Michael Kraut

In September 2014, Los Angeles DUI rates dropped, as did similar rates in several cities across the nation. Many observers credit a new trend in cab services based on apps!

Uber and other mobile friendly taxi services have revolutionized American perceptions of taxis. People no longer have to wait or hope to catch a cab at a certain corner. They can call up a town car at the touch of a button, and they don’t have to carry cash. With GPS location tracking, a taxi can be dispatched to a waiting passenger without that passenger ever placing a call.

Taxi companies are increasingly marketing their services toward younger, affluent adults. They are also focusing on the high-risk demographic that is more likely to go out to bars and clubs more often.

And it’s working.

Two companies in particular have seen a growing demand for their business, Lyft and Uber. They present themselves as trendy companies, marketing themselves on bathroom walls and underneath bar stools. Their goal is to make a taxicab seem cool enough to call.

The arrival of these services and the advent of other so-called “rideshare” programs have had a measurable impact. San Francisco DUI rates have consistently fallen since Uber and other modern taxi companies started service there. DUI arrests have fallen by nearly 10% in Seattle, since the expansion of Uber’s taxicabs. In 2013, Los Angeles saw a 14% drop after a 10% increase in 2012. The difference? The availability of ride-share services.

There’s a positive, direct correlation between decreasing DUI arrests and these services becoming available to young adults. If this trend continues, we’ll likely see these services expand and receive additional media coverage in the near future. If revenue is any indication, rideshare services are here to stay; hopefully, they’ll continue to drive down DUI rates in cities across the country.

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.

December 19, 2014

In the Blood: Pros and Cons of Los Angeles DUI Blood Tests

by Michael Kraut

We’re going to look north today, to Idaho, for insight into the often misunderstood arena of Los Angeles DUI blood tests. In an Idaho Supreme Court decision on December 3, 2014, a judge ruled that police must get a warrant before performing a DUI blood test if a suspect refuses to give blood or perform other sobriety tests.

Former Idaho Supreme Court decisions have stated that a warrantless blood law is permissible under an “implied consent statute.” However, 1st District Court Judge Benjamin R. Simpson reversed these decisions based on two local cases in which men suspected of DUI had their blood drawn to test for alcohol under protest.

Cases such as the McNeely case of 2013 — as well as Judge Simpson’s two most recent decisions — cite the fact that “the natural metabolization of alcohol in the bloodstream does not alone present an urgent need [for a blood draw],” according to the Spokesman-Review. However, the attorneys at Kraut Criminal & DUI Lawyers want readers to know there are pros and cons to a blood draw, consensual or otherwise.

Pros of a Blood Draw

A blood draw is the most specific and accurate DUI test. If a driver believes he or she was under the legal alcohol limit, a blood test may unequivocally prove it. Blood draws are also less subjective than traditional sobriety tests, such as walking in a straight line, and they can result in fewer misunderstandings between the officer and the driver. For example, in a traditional sobriety test, an officer might think a physically disabled driver was intoxicated because of stumbling related to the disability.

Cons of a Blood Draw

Refusal to submit to a blood draw may result in automatic license suspension, particularly in states where a warrantless blood draw is considered permissible. Failure to cooperate with a blood draw may also make an arresting officer think the driver is belligerent or dangerous, thus giving him or her more reason to make an arrest.

Can a Blood Draw Decision Be Fought?

Yes. Blood tests can be compromised in DUI cases or otherwise shown to be inadmissible as evidence. The collection and storage of blood can easily influence the amount of alcohol determined to be present in a sample. For example, if the officiating nurse cannot find a vein and must prick the driver several times, the blood sample could be compromised. This kind of compromise can also happen if blood is stored at the wrong temperature or in a carelessly sealed container. Faulty forensic equipment can also result in compromised draws and ultimately in wrongful convictions. Drivers who suspect their blood draws were compromised can and should fight the conviction to avoid unjust consequences.

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.

December 5, 2014

Cleveland Browns’ Fans Hearts Skip a Beat After Johnny Manziel’s Bodyguard Arrested for DUI

by Michael Kraut

One of the peculiar aspects of Los Angeles DUI cases is that arrests and convictions can touch dozens, even hundreds, of people and organizations.

In other words, a single bad decision made by one driver at a single point in time can propagate and create problems – even huge crises – for many other people. For instance, when a star football player gets in trouble with the law, not only can he and his family suffer legal and monetary consequences, but people not connected with the accident – teammates, fans, people who depend on a football team’s revenue to power local businesses – can also be indirectly impacted.

Consider that concept in light of a recent story out of Cleveland. Browns QB Johnny Manziel’s bodyguard recently got arrested for DUI while driving Manziel’s vehicle. The arrest might not have made national news, had Manziel and his friends not just recently been involved in an altercation with an aggressive fan, who approached the star and his entourage with an attitude that allegedly was “very aggressive” and “very intoxicated.”

Per the quarterback’s agent, Erik Burkhardt, “Johnny and his roommate had been out to dinner earlier in the evening with Johnny’s mother, who was staying with him this week. There was no entourage. Johnny and his roommate were trying to get on the apartment elevator at his home, when they were accosted by a very aggressive man and his associates. It was an unfortunate situation.”

Under certain circumstances, an associate or friend or spouse or a relative can make a mistake — or engage in aggressive or dangerous behavior behind the wheel — that can redound to affect you and your family. To understand your rights and develop an appropriate legal response, connect with an experienced Los Angeles DUI criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. In addition to serving for nearly 20 years as both as Deputy District Attorney and a defense lawyer, Mr. Kraut regularly appears as a commentator on shows like Good Morning America and newspapers like the New York Times and the Los Angeles Times.

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.