DUI Crime and Punishment

September 10, 2014

3 “Don’ts” After Your Los Angeles DUI

Perhaps police stopped you for DUI in Los Angeles at Wilshire and Rodeo, right after you closed a sweet deal with an international advertising client. Or maybe police arrested you at a checkpoint and hit you with your second DUI in 10 months. In either case, you’re in a bit of a panic.

You need sound advice, but you’ve been getting conflicting information not only from friends and family but also from your internet research. Instead of asking yourself what you “should” do after your DUI, reflect on these 3 things that you should NOT do.

1. Do NOT forget to document evidence or conversations that could be important to your defense.

What words, exactly, did the police officer say to you when he stopped you? What happened during your field sobriety tests and subsequent arrest? Did you notice anything about the breathalyzer tests (or other tests) that struck you as “unfair” or odd? If an accident happened, did you take pictures of the scene, keep a copy of the police report and collect witness statements? The more you document your situation, the easier it will be for your lawyer to figure out what happened and what might be the most appropriate defense strategy for you.

2. Do NOT panic.

You might feel unbalanced, scared, ashamed or angry about what happened. These are all normal feelings. But avoid reacting emotionally; you could make things worse. Some panicked drivers impulsively drive away from the police or leave the scene of accidents — these dangerous/illegal acts can lead to extra punishments. People also act impulsively days or even weeks after DUIs. For instance, let’s say you believe police stopped you unfairly. Out of umbrage, you refuse to go to your DMV hearing and thus lose your California driver’s license for months or longer.

3. Do NOT wait too long to connect with a Los Angeles DUI defense attorney.

An attorney, like the Harvard Law School educated Michael Kraut, may not be able to solve all your legal problems or even get your charges dismissed or plead down. But Mr. Kraut and his team can equip you with tools, resources and strategies to manage the chaos in your life and stay calm, focused, and even optimistic about your future.

September 8, 2014

What’s the Appropriate Punishment for 5 Los Angeles DUI Convictions in Less Than a Year?

by Michael Kraut

If you’ve received a Los Angeles DUI, take note of the following cautionary tale. Even though it took place thousands of miles away, it contains important lessons for defendants and their familes.

In 2011, a driver named Joseph Lawless, who had been stopped for DUI driving four times prior in less than a year, was discovered passed out in his car with a dangerously high BAC of 0.30. Nevertheless, Lawless was allowed to maintain his job without spending more than 90 days total in prison for all five offenses.

In Pennsylvania, DUI laws have been getting tougher and tougher. Regardless, repeat offenders continue to drive, despite the fact that this practice is illegal and risky for everyone. The reason for this is Pennsylvania’s quirky and little-known DUI law, which requires a conviction prior to pulling someone’s license. As a result, Lawless slid by, pleading guilty for being a first time offender all five times.

In California, a driver who fails a sobriety test will have to contend with a license suspension. Not necessarily so in Pennsylvania! That state will soon hold legislative hearings to strengthen existing DUI laws. PA resident Patrick Crowley, whose son was killed in 2013 by a drunk driver with several convictions, believes “more people will die needlessly” without changes to the law.

What to Do in LA

If you were stopped in Los Angeles, odds are you were stopped for a traffic violation, such as weaving in and out of lanes, speeding, or running a traffic light or stop sign. An officer who notices symptoms like watery eyes, smell of alcohol on the breath, or slurred speech might conduct a field sobriety test. If you fail the test, the officer can arrest you.

If you’ve been arrested, you may face an array of scary charges, including license suspension. If this has happened to you, don’t try to represent yourself. Ensure fair and accurate results by hiring an experienced and qualified Los Angeles DUI attorney like Mr. Michael Kraut.
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September 3, 2014

DUI Driver Fatally Strikes Motorized Bicyclist in Huntington Beach

by Michael Kraut

Receiving a Los Angeles DUI can be a life-changing event, even if you hurt no one and avoid getting arrested on multiple charges. But the consequences become even more severe when the other party sustains serious or fatal injuries. A Huntington Beach motorist is now learning that lesson the hard way.

On September 1 around 6:30 p.m., a 55-year-old man was riding his motorized bicycle down Bolsa Chica Street, when a driver struck him near the intersection with Oahu Drive. Although multiple witnesses tried to help the injured man, he died shortly after admission to UCI Medical Center.

Police found a 2013 Mercedes-Benz C250 near the crash site and later arrested its driver, a 51-year-old Huntington Beach man, for a suspected DUI. Eyewitness accounts indicate the Mercedes struck the bicyclist while both were traveling southbound on Bolsa Chica.

In the state of California, DUI charges involving injury to another party carry significantly more weight than when no one has been harmed. The potential penalties for someone convicted of DUI with injury or manslaughter include:

〈 Higher degree of charges. Rather than a misdemeanor, a manslaughter or injury-related DUI is a felony charge that carries hefty penalties for each individual harmed or killed.

〈 Longer sentences. If convicted of a DUI with one or more injuries, you may face an additional 3-8 years in prison. Manslaughter sentences may be even longer, up to 10 years for each fatality.

〈 Loss of license. Injuring or killing another driver while intoxicated increases the likelihood of losing your license for an extended period.

〈 Job loss. Extended incarceration and a record of DUI with injury or manslaughter may lead a convicted individual to lose current employment or have difficulty gaining it in the future.

At the Kraut Criminal & DUI Lawyers, we understand the gravity of your Los Angeles DUI charges, especially when they coincide with the injury or death of another person. We can craft a powerful, strategic defense, regardless of the complexity of your charges.

August 27, 2014

Will Robot Drivers Solve the Problem of Los Angeles DUI?

by Michael Kraut

The problem of Los Angeles DUI, on some level, seems intractable.

After all, even if we collectively could reduce DUI incidences as low as possible, we’re never going to eliminate the problem completely. Even the very definition of the problem changes over time. How much marijuana do you have to smoke before you will be over the limit for a drug DUI, for instance? Will the National and Traffic Safety Board (NTSB) succeed in lowering the legal DUI limit to 0.05% BAC from 0.08% BAC, as defined by California Vehicle Code Section 23152 (b)?

Human beings – and our laws – are both unpredictable and ever-changing. The best we could ever hope for, in terms of reducing DUIs, is probably some low, but non-zero number.

So can we ever get to a zero-DUI society?

Every few years, futurists speak grandly of the promise of “robot cars” and “robot drivers.” Some of this speculation is idle. Some of it involves good science and promising engineering (e.g. Google’s automated car experiment).

Unlike humans, robots are never tempted to drink alcohol or do drugs or take prescription medications. They do not fatigue, although their batteries can run out. They are not susceptible to road rage or depression, and they would never take their eyes of the road to text their robot friends behind the wheel.

In theory, therefore, if we all collectively switched to robotic driving (a la Google cars), we could probably get the DUI accident rate down to zero. Unfortunately, this utopian scenario may never come to pass, since even if a company like Google develops a perfect autonomous vehicle, human hackers may render the project fundamentally and intrinsically dangerous.

Until the time when we can solve all robot-car-related safety issues, we’ll be stuck with vexing human-driving issues, like DUI. As a defendant, you can trust the effective, ethical services of the Kraut Criminal & DUI Lawyers. Find out more about what sets Los Angeles DUI lawyer Michael Kraut apart, here on our website, or call or email the firm today to schedule your free consultation.
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August 18, 2014

Los Angeles DUI Arrests Can Have Long Term Consequences: Just Ask Cardinals Linebacker John Abraham

by Michael Kraut

Police arrested you for DUI in Los Angeles last week or last month. In either case, you might be laboring under the assumption that you can quickly put the DUI behind you.

Even if you didn’t hurt anybody, and you were just barely over the legal limit of 0.08%, you can face profound consequences that can hamper your life, your career, your relationships and your finances for months or years. For a real world object lesson, let’s take a look at the story of John Abraham, a linebacker for the Arizona Cardinals whom police stopped for DUI back in June.

According to reports, on the afternoon of June 29th, Abraham was driving his black Dodge Challenger in suburban Atlanta, after leaving a strip club called the Pink Pony. When police stopped Abraham, he confessed to having had two drinks. He even told officers that he had been waiting on a designated driver, who never showed. Abraham also allegedly said that he didn’t feel safe getting behind the wheel… but he did anyway.

He bombed out on the walking and balancing tests — presumably similar to the field sobriety tests police give here in Los Angeles, such as walk the line, count backwards by 3s, finger to the nose and stand on one leg. He also refused to take a breath test.

Will the DUI sideline Abraham’s career or create problems in his personal life, such as a license suspension, jail time or just general trouble with his relationships? The answer will depend on the minutiae of his stop and his history:

•   Will his breath test refusal complicate matters and lead to more charges?
•   Can he “explain away” the field sobriety test failures?
•   Did he have a criminal history (or DUI history), or was this his first offense?
•   Can he and his attorneys put together a compelling counter-narrative to challenge the prosecutors’ version of events?

For help understanding your Los Angeles DUI defense options, call attorney Michael Kraut right now for insight. Mr. Kraut is a Harvard Law School educated DUI lawyer who worked for 14+ years as a prosecutor before switching to criminal defense.

Note to Potential Los Angeles DUI Offenders: Don’t Get Caught on Tape, Like Golfing Legend Dustin Johnson

It’s one thing to get arrested for DUI in Los Angeles and to face unpleasant consequences, such as license suspension, fines and fees, higher insurance rates, jail time, and recriminations from friends, family and colleagues.

It’s another thing entirely to get caught on video doing something dumb behind the wheel… and then watch helplessly as that video goes viral on YouTube. Unfortunately for people like Dustin Johnson (a professional golfing phenom), once humiliating video footage escapes into the blogosphere, you can’t put the genie back in the bottle. In March 2009, when police stopped Johnson in his hometown in South Carolina, the golfer began to lose it when officers put him through the paces of field sobriety tests (FSTs).

The video shows Johnson tripping several times during the FSTs. An officer then escorts him into a police vehicle.

Johnson later confessed his regret, saying “I made an error in judgment… I have let myself down and others who support me. I am handling the matter privately and, rest assured, I will definitely learn from my mistake.”

Unfortunately, the pro apparently did NOT learn from his mistake.

Recently, he failed three separate drug tests given by the PGA Tour; he tested positive for marijuana and for cocaine (twice). As a result, the PGA hit him with a long suspension. Again, Johnson made noises of regret: “I will use this time to seek professional help for personal challenges I have faced.” The now-30-year-old golfer may have a challenging time scrambling back following his suspension.

Sometimes, DUIs happen “out of the blue.” For instance, someone who has no criminal history or history of alcohol problems makes a bad call at a party and drives when he really shouldn’t.

But when someone gets in trouble repeatedly for alcohol and drugs, he may need help addressing the fundamental reasons for the destructive behavior. As Dr. Lance Dodes and Zachary Dodes describe in their new book, The Sober Truth, the conventional wisdom about how and why addictions form may be deeply flawed. People like Johnson — who apparently repeatedly struggle with substance abuse issues — may need a different kind of help than they’ve been getting.

If you or someone you love needs help with Los Angeles DUI defense, contact Attorney Michael Kraut of Kraut Criminal & DUI Lawyers right now to schedule a free and confidential consultation with a former Senior Deputy District Attorney.
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August 11, 2014

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

by Michael Kraut

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 30, 2014

The One Thing You Absolutely Must Know about Your Los Angeles DUI Charge

by Michael Kraut

Your Los Angeles DUI charge has thrown your world way out of balance.

For the first time, you probably feel oddly connected to Lindsay Lohan and Nick Nolte – you know how humiliating, frustrating and scary it can be to stand accused of violating California Vehicle Code Section 23152 (or 23153, if you hurt someone).

All of a sudden, you’re no longer laughing at unfortunate celebrity DUI mug shots. In fact, you can’t stop ruminating about the potential punishments in the offing (e.g. big fees, time behind bars, loss of your driver’s license, diminution of your professional reputation, probation, and other idiosyncratic penalties that court may decide to thrust upon you).

There is one lesson that you can cling to, despite this chaos, that will make the journey towards putting the DUI behind you easier and more certain.

And that lesson is this: moving beyond your DUI is a process, not a onetime project.

Even though you may have “collected” your DUI in a flash, the solution may not come bundled in a simple package. This isn’t to say that you can’t resolve your crisis rapidly and permanently, in somewhat short order. For instance, depending on your case, your lawyer might be able to…

•   Challenge and refute the breathalyzer test results or blood test results;
•   Challenge the Constitutionality of your stop or arrest;
•   Plea-bargain the charges down;
•   Stop the license suspension;
•   Connect you with other resources, so you feel more in control of your life;
•   Structure your defense, so that you can effectively get back to “business as usual,” even while your case is pending and the outcome is uncertain.

View your “post DUI” experience in a “process oriented” way.

When you have a process-oriented view of things — as opposed to a “product-oriented” view — you can learn to see setbacks with your case as opportunities. You can even look beyond issues of punishment and reward and see the DUI as a chance for self-improvement and self-development. In retrospect, the DUI could even be viewed as a good thing, in that it helped you make needed changes. For instance, it could catalyze more productive thinking and action about a drug or alcohol addiction problem.

Call a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers today to get a new perspective on your options. Mr. Kraut is a Harvard Law School educated former prosecutor, and his common sense, solid treatment of DUI cases has won him fans not just among clients but also among prosecutors and judges.
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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