DUI 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 12, 2015

Good Work Ethic, Poor Judgment

by Michael Kraut

You’ve got to admire people who try to do their jobs in the face of all difficulties. That’s especially true when it comes to bus drivers and trash collectors, who provide services that we all rely on. But there is a point when it may be better to take the day off–when you’re at risk of getting charged with a DUI in Los Angeles, for example. Unfortunately, the two gentlemen featured below didn’t stay home and out of trouble when they had too much to drink but instead reported for work as usual.

50-year-old Joe David Stanley allegedly had been driving a school bus in Fort Worth, Texas, at about 1 a.m. in the morning of June 1st, when he ended up stuck in the mud in a highway median. Fortunately, he was not carrying school children at the time; the company he works for, which provides transportation for Joshua Independent School District, also contracts out for special events. (Reports say that Stanley was supposed to provide transportation for a wedding party.)

Cops called to the scene smelled alcohol on Stanley, and they ended up tagging him for DUI.

Next, consider the parallel situation of 45-year-old Johnny Gentry, who showed up early one morning in June for his job as a trash collector in Scott County, Kentucky. That go-getting behavior would be commendable, except reports say that Gentry had been overindulging in alcohol. About two hours into the workday, he hit a retaining wall with the garbage truck, then overcorrected, turning the truck over into someone’s yard. Cops called to the scene measured Gentry’s blood alcohol content at three times the legal limit, earning him some time off–in jail on a charge of 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.

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 1, 2015

Authorities Mean Business When It Comes to Los Angeles DUI Charges

by Michael Kraut

Although it won’t ultimately solve the problem, some people respond to a Los Angeles DUI arrest by simply ignoring it. They miss their trials or continue to drive even if they’ve temporarily lost their licenses.

That won’t work in Riverside County, California. When you’re charged with a DUI in that county, you’d better follow through on what you’re supposed to do. Otherwise the cops may come looking for you.

On May 30th, beginning at 6 a.m., the Eastvale and Jurupa Valley Police Department Traffic Team hit the streets looking for high-risk DUI offenders who had either failed to show up for a court date or violated the terms of their probation in an outstanding DUI case. The cops attempted to serve 80 warrants by going into various neighborhoods; they netted 26 offenders.
According to a press release from the Riverside County Sheriff’s office, people caught in such a sweep may face additional jail time. They also have to suffer the personal embarrassment of being led away in handcuffs as family, friends, and co-workers watch and/or learn of their arrest. There’s also the problem of missing work while they’re sitting in jail.

Riverside County takes DUI enforcement very seriously. The previous evening, the Lake Elsinore Police Department conducted a DUI/driver’s license checkpoint that netted two DUI arrests plus 30 people either unlicensed or driving on a suspended license. On Saturday evening, officers of the Menifee Police Department held a similar checkpoint that resulted in eight DUI arrests (six alcohol-related and two drug-related) and 10 people cited for driving on a suspended/revoked license.

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.

May 29, 2015

City’s DUI Saturation Patrols Yield Six Arrests in One Weekend

by Michael Kraut

Angels Camp, California, may have a heavenly-sounding name but during the weekend of May 15-17th the behavior of drivers in the area was more on the devilish side. While six arrests for a Los Angeles DUI within a few days may not be surprising—LA does have more than 3.8 million residents—it is a pretty big number in a city like Angeles Camp, which has a population of less than 4,000.

A grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration paid for officers to conduct “saturation patrols” to look for DUI drivers. According to mymotherlode.com, those picked up under sweep included:

• Rodney OConnor, age 46. Police stopped him after he failed to stop at a stop sign. They found that he was driving under the influence.
• Officers arrested Robert Matt, age 46, for DUI after stopping him for crossing over a double yellow line.
• Coty Matulovich, age 28, didn’t have license plates on his vehicle and failed led to stop at a stop sign. When police pulled him over, they determined he was driving under the influence.
• Forty-four year old Carrie Lowe was driving on the left side of the double yellow line when police picked her up. After a brief investigation, they charged her with DUI.
• Burnt-out brake and taillights—and failure to stop at a stop sign—alerted police to a potential problem in the case of 32-year old Daniel Porovich. After the cops pulled him over, they determined he was DUI.
• Jessica Waite drove over the limit line on Live Oak Drive. Police tested the 29-year-old and charged her with DUI.

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.

May 27, 2015

Man Loses More than $1,000 through Unfounded DUI Charge

by Michael Kraut

The expenses associated with a DUI in Los Angeles are high and can include everything from fines and vehicle impoundment to the cost of getting an ignition lock system installed. Putting out that money is bad enough when the cops have some basis for charging a person with a DUI, but it’s even worse when an officer has lied about the evidence for the arrest.

Gavin Gabor of Salt Lake is fighting to get his money back after prosecutors dismissed the DUI case against him because of questions about the cop’s truthfulness. According to the website Good4Utah.com, Utah Highway Patrol Trooper Neil Green pulled Gabor over for failing to signal a turn. Green discovered there was an outstanding arrest warrant for Gabor for another traffic violation. He questioned Gabor and then arrested him for driving under the influence of drugs.

When Gabor appeared before a hearing officer, he heard Trooper Green testify that Gabor had failed a field sobriety test. But Gabor claimed that he couldn’t have failed the test, because Green never administered it. Gabor even bought a copy of the trooper’s dash cam video, which appeared to support his claim.

But the administrator didn’t believe the driver’s story, and Green lost his license for six months. He had to pay $300 to get his license back, $400 to get his vehicle out of impound and another $300 for a release title.

But Gabor wasn’t willing to let the case rest. He got a public defender, who succeeded in getting his case dismissed (although not before Gabor had paid all the money and done without his license). Meanwhile, the UHP began investigating the veracity of all of Green’s DUI arrests; the trooper later resigned.

Green has gotten some of his money back from the DMV, but he’s still fighting with the state Tax Commission, the agency that collected the impound and release fees, to return the money he paid to them.

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.

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 20, 2015

Stairs More Deadly Than Motor Vehicles?

by Michael Kraut

Most people understand that someone who meets the criteria for a DUI in Los Angeles has a good chance of getting hurt if he or she gets behind the wheel. But people in Wisconsin–and perhaps in other states as well–are more likely to get hurt from falls when they’re under the influence than from driving a motor vehicle.

According to an article in the Madison, Wisconsin, Capital Times, officials recorded 349 deaths in Wisconsin from alcohol-related falls in 2012 (the latest year for which figures are available). Meanwhile, they recorded only 223 alcohol-related traffic deaths that same year. The Wisconsin Alcohol Policy Project (part of the University of Wisconsin Law School) gathered the data for this report.

The newspaper story notes that DUI-related fatalities in Wisconsin have declined significantly since 1979, when 593 people were killed in such crashes. By 2013, yearly fatalities had decreased to 185. Fatal falls related to alcohol, on the other hand, have increased by 36 percent since 2004.

The Wisconsin Alcohol Policy Project links this increase to the aging of Wisconsin’s population. Older people have continued to drink, even as they become less steady on their feet and/or take medications that make them more susceptible to alcohol’s effects.

There is one positive aspect to this development. Unlike DUI drivers, who can kill or severely injure several other people when they’re out on the road, someone who falls because they are intoxicated usually injures only themselves.

A recent study in the American Journal of Public Health identified Wisconsin as the hardest-drinking state in the country. In 2011, the annual alcohol consumption in the Badger State was 634 drinks per person for those over the age of 14. That compared to an average 468 drinks per person in the U.S.

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.

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.