DUI Punishment

May 4, 2015

More Arrests for Stoned Driving? Cannibuster Could Make It Happen

Testing drivers for an alcohol-related DUI in Los Angeles is a relatively straightforward process that may involve a breathalyzer and blood tests. But when pot is a driver’s choice for getting high, it’s been a lot harder for police to identify just how much cannabis is in a driver’s bloodstream and what constitutes impairment.

Two biomedical engineering graduate students from the University of Akron in Ohio claim to have solved that problem. According to CBS News, Mariam Crow and Kathleen Stitzlein said they’ve invented a “Cannibuster” that can quickly gauge the amount of THC-the psychoactive ingredient in pot–in someone’s system.

The Cannibuster measures THC levels through a saliva sample taken from a suspected impaired driver and passed through a series of chambers before yielding a reading. Colorado and Washington, two states that have legalized the use of marijuana, have established five nanograms of THC per milliliter of blood as the threshold for impairment. Police now rely on blood tests to measure the THC levels, but there’s been no good way to take a reading when they pull over a driver suspected of DUI.

The Cannibuster researchers have received grant money to continue refining their device, and hope to conduct field tests later this year.

Even if the technology proves effective, however, there’s likely to be some controversy ahead. For one thing, it’s not clear how valid the current THC limits are in actually determining if a driver is impaired due to pot. According to an article in the New York Times last year, European studies suggest that the five nanogram threshold is too high, and that a better limit would be closer to one nanogram THC per milliliter of blood.

Designing and executing an effective defense against DUI charges (even simple ones) is not intuitive. Fortunately, you can trust the seasoned, highly successful Michael Kraut. Call a DUI lawyer in Los Angeles with nearly two decades of experience.

April 29, 2015

Daredevil Does Damage While DUI

by Michael Kraut

People who enjoy a few too many drinks before getting behind the wheel may attempt to show off their driving skills—speeding along busy highways, taking tight turns, and similar maneuvers that are likely to get them involved in an accident or picked up for a Los Angeles DUI.

So what happens when a real-life driving daredevil allegedly drinks too much before speeding in his SUV? A four-car pile up.
Like his father, stuntman Evel Knievel, Robbie Knievel has made a career of daredevil motorcycle jumps. But he was driving a 2005 GMC Yukon when he ran a red light in Butte, Montana, on the evening of April 21. According to the Montana Standard, he was traveling at high speed when he rammed into a Honda Accord, which hit a Ford Taurus, which hit a Hummer.

Knievel sped away in his SUV, parked it a few blocks away and was walking down the street when the cops caught up with him. Knievel refused a breathalyzer test, so the officers got a warrant for a blood alcohol test. They charged him with felony DUI because he has three previous drunken driving convictions. He also faces the misdemeanor offenses of leaving the scene of an accident, operating a vehicle without an interlock device and running a red light.

Photos of the daredevil’s arraignment show him sporting an orange jail jumpsuit, a big change from his trademark red, white and blue performance outfits. Knievel, who is 52, could be looking at some fairly serious consequences due to the DUI charge—up to five years in prison and $50,000 in fines.

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.

April 27, 2015

Drivers Can Run But They Can’t Get Away

by Michael Kraut

Motorists who cause an accident while driving under the influence may try to escape the consequences by fleeing the scene. But their respite from arrest is usually brief, and they’re picked up and charged with a Los Angeles DUI or some similar offense.
But it’s not always easy to make a clean getaway. Just ask William Yeckering of Owens, Illinois. He rammed into another vehicle while allegedly driving under the influence and tried to run away. But he had made the mistake of hitting a car owned by 6’ 2” high school football player Evan Williams.

The senior guard and defensive tackle put his on-field skills to use by chasing after Yeckering and bringing him to the ground. Williams held Yeckering down until police arrived at the scene.

Williams was dressed up for his impromptu chase—he and his date were leaving the prom when Yeckering hit their car.

The abrupt end to the chase wasn’t the only unpleasant surprise that Yeckering faced that evening. When police arrested him, they found he had a gun in his car, for which he did not have a permit. They also discovered that he had four previous DUI driving arrests—and that he was driving on a suspended license.

Whether or not alcohol is involved, leaving the scene of an accident in California can get a driver charged with a hit and run misdemeanor or felony. For a misdemeanor charge, involving damage to property, fines can run to $1,000 and drivers face six months in county jail. When a driver leaves the scene of an accident involving personal injury, the fines can go up to $10,000 and the driver could end up in state prison for as long as four 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.

April 22, 2015

Could Drinking Too Little Get You Arrested for a DUI?

by Michael Kraut

Getting caught driving after you’ve had a few too many drinks could land you in jail on a charge of DUI in Los Angeles. But apparently you could also be in trouble, at least as far as your driving abilities, if you drink too few non-alcoholic beverages before you hit the road.

Researchers at England’s Loughborough University found that motorists who were even mildly dehydrated made as many mistakes while driving as those whose blood alcohol content measure over the .08 mark. The study measured the responses of drivers who had only 25 millimeters (about .8 ounces) of water an hour.

Quoted in the British newspaper The Telegraph, Professor Ron Maughan said “There is no question that driving while incapable through drink or drugs increases the risk of accidents, but our findings highlight an unrecognized danger and suggest that drivers should be encouraged to make sure they are properly hydrate.’

According to the Leicester Mercury, too-thirsty drivers made 101 mistakes such as lane drifting, lane braking and touching or crossing lane lines. The number of mistakes went down to 47 when they drank sufficient water, which researchers said is about 6.8 ounces of water per hour.

This was the first study of how dehydration can relate to driving errors and accident risk, according to Maughan, who served as leader of the study and emeritus professor of sport and exercise nutrition at Loughborough University. Other effects of dehydration included impaired mental functioning, changes in mood, and reductions in concentration, alertness and short-term memory. (That does sound a lot like the effects of too much alcohol.)

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.

April 8, 2015

After Killing Teen, Illinois Driver Arrested Again for DUI

by Michael Kraut

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

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

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

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

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

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

April 6, 2015

Mother Charged in DUI Death of Child in San Diego County

by Michael Kraut

Police working Los Angeles DUI cases have to deal with some pretty difficult accident scenes. But there are probably few worse things than having to handle the aftermath of a DUI incident that involves young children, especially when one of them dies.

When El Cajon police officers arrived at an accident scene in the city around 10 p.m. on April 4, they found a 2010 Hyundai Accent that had had crashed into a telephone pole. They discovered 31-year old Brandy Teague and her three injured children inside the vehicle. Emergency vehicles transported the three children, ages 10, 3 and 2, to a nearby hospital, where doctors pronounced the three-year-old girl dead. The other two children suffered serious injuries but should recover.

It must have been a terrifying experience for the children. The oldest in the car, a 10-year old boy, ran to a nearby home to seek help after the accident, according to Fox5 San Diego news. An area resident reported the child had blood on his face and glass stuck in his eye.

Police speculated that Teague may have fallen asleep at the wheel of her vehicle just before the crash. Because she complained of pain, emergency responders took her to the hospital, but she didn’t stay there long. She ended up in the jail charged with gross vehicular manslaughter, cruelty to a child and driving under the influence of drugs.

According to MADD, 1,145 children die each year as a result of a traffic accident. Of those cases, 17 percent involve a driver operating under the influence of alcohol or drugs.

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.

March 25, 2015

Vehicle Destroyed, But Police Officer Charged with DUI Survives Train Wreck

by Michael Kraut

A police officer in southern Texas may be recalling the old saying about people who live in glass houses never throwing stones. We don’t know if Devon Brittany New, a member of the Nixon, Texas, police force, ever arrested anyone for driving under the influence. But after her own recent arrest, New may be a little more sympathetic towards anyone accused of DUI in Los Angeles, in Texas, or in any other jurisdiction.

An article on the San Antonio Express-News’ website said that Officer New was suspended from duty for a week following her DUI arrest on March 9th. She had a narrow escape; after running a red light at 1 a.m., she stalled her vehicle on nearby railroad tracks. Fortunately, she was sober enough to get out of her 2015 Dodge Challenger, because a freight train coming down the track hit her vehicle and totaled it.

Although New is back at work until her April 9th court date, it’s not clear if she’ll be able to remain on the job if she’s found guilty.
Los Angeles police officers have also been charged with DUI in some rather high-profile cases. One notable incident occurred just about a year ago, when an off-duty officer lost control of his vehicle after getting off the westbound Pomona Freeway in Diamond Bar. What made the crash more unusual was that the 29-year-old officer traveled over a 50-foot area (not a road) separating the freeway from a McDonalds restaurant. He ended up crashing in the restaurant’s drive-through lanes.

The officer probably had little interest in the restaurant’s menu at that point, since he landed in the hospital with moderate injuries.

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.

March 16, 2015

Suspected DUI Driver Rockets Down Interstate the Wrong Way, Nearly Kills 20 Year Old Woman

by Michael Kraut

Driving under the influence is never the right way to travel, and sometimes that lesson is quite literally true. Even an experienced Los Angeles DUI attorney could have difficulty making a case for someone who decides to drive along an interstate highway while under the influence—especially when that driver is headed in the wrong direction.

According to the Illinois News Gazette, police officers managed to stop 60-year old Michael Jay Nolan from driving west in the eastbound lanes of Interstate 74 in Champaign County. The alleged DUI driver had traveled five miles in the wrong directions, from Ogden to St. Joseph, before a sheriff’s deputy was able to get his pickup truck to stop.

Considering the distance that Nolan covered, it’s fortunate that he forced only two drivers off the road during his wrong-way drive. A 20-year-old woman, Ashley Lurry, ended up in the median after meeting up with Nolan in her Chevrolet Cobalt. She and her passenger received treatment for minor injuries at a nearby hospital.

A Toyota Camry driven by 61-year-old Denise Chestnut landed in a ditch after swerving to avoid a head-on collision with Nolan’s truck. Although her Camry may never be the same—and Chestnut will probably never forget the sight of the headlights coming towards her on an expressway—she wasn’t injured.

Police were able to stop Nolan about 15 minutes after they received the first calls from frantic motorists alerting them to the problem. Nolan received tickets for illegal transportation of alcohol and improper lane usage—not his biggest problems, since the police also charged him with DUI.

One thing that Nolan and the two other drivers did right, however. According to the paper, all of the people involved had buckled up before they hit the road.

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.

March 4, 2015

Outrageous Mug Shots: Part 2 — More Crazy Mug Shot Analysis from the Los Angeles DUI Community

by Michael Kraut

Even Los Angeles DUI attorneys appreciate the comic relief of a funny mug shot. Mug shots have a history of use dating back to the 19th century for record keeping, identification, and investigation purposes. Most mug shots appear benign. Occasionally, however, we come across some doozies. Below we’ve detailed some of our favorites:

• Heavy heads. A Texan man required assistance keeping his head upright for his mugshot. The photograph depicts Sean Carl Payne with a wide-eyed expression as law enforcement personnel hold him upright to get a clear picture of his face. He faced public intoxication charges after a night out on the town. The Houston Press detailed the incident with an equation, “too many mugs, too many shots = a mugshot requiring assistance.”

• Thumbs up. Michelle Watson, a young Arizona woman, smiles and gives two thumbs up to the camera for her mugshot. Watson faced charges in 2011 for DUI, aggravated assault of a law enforcement officer, and resisting arrest. She appears strangely proud of her accomplishments.

• Happy Birthday in poor taste. On Scott Disick’s (Courtney Kardashian’s long-time partner) 31st birthday, Khloe Kardashian posted pictures of his and her mugshot from past DUI charges online. Both appear disheveled in their mugshots, and the posting received public backlash for making fun of a serious matter.

• Too much of a head tilt. Photographers will tell you to tilt your head slightly for a more flattering picture. Erica Garcia tilted her head a little too much. Her off-center mugshot features her head leaning over to one side with her mouth open, as though she’s in the middle of a conversation. She faced felony DUI charges after wrecking her car in Sacramento.

Law enforcement uses mugshots for arrest files, but they also post the images for public knowledge. If you face arrest, standing out in a mugshot can hurt your credibility and reputation even if the courts clear you of all charges.

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.

March 2, 2015

Outrageous DUI Mugshots: Part 1

by Michael Kraut

The practice of taking a mugshot after a person’s arrest began in the mid-1840s. Law enforcement used the pictures for record keeping and to aid investigations. The Los Angeles DUI community has seen some pretty outrageous mugshots come through over the years.

Getting arrested for a DUI fades out of most people’s minds after a while. Mugshots, however, stay on file forever. From tattoos to strange attire, consider these unusual mugshots:

• Commemorating a repeat offense. Robert Burt, a 19 year old repeat offender, arrived for an 8 hour jail sentence wearing an orange shirt with a previous mugshot depicted on the front. The caption read, “Burt Family Reunion 8.8-8.10.2014, sponsored by Bud Light and Somerset County Sheriff.”

• Batman didn’t stop this Joker in time. Offers arrested Dennis Lalime after he crashed his car in Maine. Lalime was wearing a Joker costume from a Halloween party at the time of his arrest. His mug shot featured bright green hair, side burns, and mustache. On top of the white face paint, he did remember to wear his glasses.

• What do you call someone who isn’t fully committed to No-Shave-November? A DUI mugshot of a 28-year-old from Pennsylvania divides his face into shaved and not shaved halves. Luckily, his head hair seems untouched.

• I mustache you a question, sir. Is the tattoo of your handlebar mustache and soul patch permanent? Christopher Gerhart’s mugshot features what appears to be Sharpie-drawn facial hair. He claimed it was only temporary. Regardless, the mugshot and his record will remain.

• Surprise! Andrei Bibbs’ DUI mugshot makes him look very surprised. Bulging eyes and an open mouth highlight his shocked expression. We may never know what really surprised him, but we’re pretty sure it wasn’t the DUI charges brought against him.

Funny, unexpected, and outrageous mugshots add levity to otherwise serious cases in the news. Remember that the public has access to your mug shots and arrest information.

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.