DUI Crime and Punishment

July 7, 2014

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

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 30, 2014

Examining the Excuses You’ve Made to Yourself About Your Los Angeles DUI Arrest

by Michael Kraut

After getting arrested for DUI in Los Angeles recently, you’ve had time to ponder the incident and “tell yourself stories” about why it happened and who/what should be blamed.

You might be tempted to put the full weight of blame on outside forces:

• The police officer who stopped you at a check point;

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.

May 28, 2014

Sad, Ironic Southern California DUI Fatality: Driver with History of DUI Killed by DUI Driver

by Michael Kraut

Thirty eight-year-old Haitham Gamal died on April 29th in a Southern California DUI accident, according to the Orange County register. Gamal had literally just pled guilty to a 2013 DUI charge at the Orange County Superior Court the previous day. He was “on the road to recovery,” according to his attorney. “He was doing the right, and somebody hit him that had been drinking.”

Authorities say that a 19-year-old man in an Acura hit Gamal and flipped him over. Both the 19-year-old driver and his 18-year-old passenger went to the hospital with injuries.

Gamal had been sentenced to 45 days behind bars as well as 5 years of probation the day before he was killed. The court allowed him to wait at home for a few months before he served his time. Gamal pled guilty to three DUIs – one in 2005, one in 2009 and one in 2013. He also pled guilty to a 2012 charge of misdemeanor public intoxication.

Sadly, he leaves behind young children and a wife. The tragic irony that a DUI driver took his life has not been lost on the popular press. But what you can learn from this awful news, if you or someone you love was recently arrested for driving under the influence in Los Angeles?

First off, appreciate that recovering from a DUI charge is no small task; it’s neither simple, nor easy to get effective help with things like addiction to fix core problems in your life caused or perpetuated by the DUI.

However, just because simple/easy solutions do not exist does not mean that you can’t move past what has happened to you, understand your habits and behaviors, and turn over a new leaf.

To make effective progress, find a Los Angeles DUI defense attorney who has the skill, track record, connections and resources to represent you adequately. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is a regular DUI commentator for Good Morning America, The New York Times, Los Angeles Times and KTLA. He is a Harvard Law School educated former prosecutor who maintains great relationships with his former colleagues. Continue reading

May 26, 2014

James R. Fischer’s 12th DUI Sparks National Conversation about What to Do with DUI Recidivists

by Michael Kraut

For years, our Los Angeles DUI defense blog has reported on strange cases of DUI recidivists. These people — for one reason or another — keep getting arrested for DUI, despite harsh punishments, license suspensions, increasingly heavy fines, and so forth.

To wit, consider the outlandish case of a Delaware man, James R. Fischer, who was arrested back in March for his 12th DUI since 1991. The 55-year-old had gone to jail in 2009 on a DUI charge and had gotten out about a year ago. How could this man have been allowed to get 12 DUIs? How has the system broken down? And what can be done about it?

Department of Homeland Safety & Homeland Security statistical analyses report that around 37% of the 5,400 or so people busted for DUI in Delaware in 2012 were recidivists. Similar statistics hold for California and other states. Cases like Fischer’s have confounded lawmakers, police officers and others in the DUI community. What should be done?

DE Democratic State Representative, Helene Keeley, voiced her consternation and confusion: “do we say, lock them up and throw away the key? Maybe we do… but honestly right now I don’t know the answer to that question.” For now, Fischer is being held on cash bail of nearly $20,000 at Sussex Correctional Institution.

DUI recidivism may be high in Delaware, but national figures compiled by the National Highway Traffic & Safety Administration (NHTSA) in March found that DUI recidivism has actually plummeted from a level of 31% in 1995 to 25% today. Who knows what’s caused that? Maybe we’re just seeing statistical noise. Maybe DUI recidivism education is working better.

When analyzing solutions to the recidivism problem, we need to take into account a critical idea called the Pareto Principle or “80-20 rule.” This concept — developed by a 19th Century Italian economist — hypothesizes that, in certain systems, natural imbalances form. 20% of DUI drivers, for instance, will be responsible for 80% of DUI arrests. Likewise, 80% of the wealth in any country or state will be owned by 20% of the people. 20% of people who get divorced will account for 80% of divorces, and so forth.

These super recidivists may need to be treated like an entirely separate cohort. The law does distinguish between people who are serial recidivists and people who are not. But it certainly does not take a fine-grained approach to the problem. The law generally just punishes recidivists harder and longer.

But perhaps an entirely different treatment/prevention approach is necessary for these people. After all, the goal is not necessarily to punish people but rather to make the roads safer. If current punishment/rehabilitation strategies aren’t working for some drivers, it’s worth our collective while to contemplate why and to come up with better policy/legal solutions.

This debate notwithstanding, you probably have very specific questions about your Los Angeles DUI defense options. Call Michael Kraut of the Kraut Criminal & DUI Lawyers right now to set up a consultation with a former Harvard Law School educated former city prosecutor about various strategic options.

May 21, 2014

When an Officer Asks for Your License After a Los Angeles DUI Stop, Don’t Give Him a Receipt for Vodka [Like This Woman Did]

by Michael Kraut

Quick quiz: let’s say an officer stops you on suspicion of driving under the influence in Los Angeles and asks to see your license and registration. Should you:

A) Give him or her your license and registration?

B) Give him or her a receipt for a bottle of vodka that you just bought?

If you answered A, you are correct.

If you answered B, you might want to reexamine your beliefs, in light of what happened to 60-year-old Brenda Drinkwater (her real name), of Revere, Massachusetts.

According to reports, officers said that Drinkwater had been driving the wrong way on Summer Street late Monday afternoon, forcing other cars off the road. Police Chief, Fredrick Ryan, pulled her over and asked to see her license and registration… which is when she handed him a receipt for a bottle of vodka she had just purchased.

Per news reports: “[Ryan] then saw an open bottle of vodka in her passenger seat and could clearly smell the odor of liquor on her breath.” He put her through the paces of field sobriety tests, which she allegedly failed, and arrested her for driving under the influence – her 7th lifetime DUI.

Drinkwater also faces charges of not keeping to the right, drinking alcohol from an open container, and negligently operating her vehicle with endangerment. She was held without bail until a hearing on Friday.

It’s easy for the general public to laugh or scoff at someone for getting 7 DUI arrests. And no one — not even the most staunch DUI defense advocate — wants to see driver who have been convicted six or seven times for DUI driving wildly all over the roads. There needs to be a balance.

That said, most people want the punitive solution for recidivists. They labor under the impression that these people “can’t help themselves” and “are hardened criminals” who “don’t care about themselves or the society.” These judgments are hurtful, and they don’t necessarily stop the problem. Obviously, we need to keep the roads safe and prevent DUI drivers from hurting people and themselves. But we also owe it to ourselves to find more compassionate, inventive and successful ways of keeping the streets safe.

For help developing a smart, effective defense to your charges – and to rebuild your life following your arrest – contact a Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers right now. Schedule a free consultation with Harvard Law School educated attorney Kraut.
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