DUI Punishment

November 21, 2014

The Most Dangerous and Deadly Day for Los Angeles DUIs is Approaching…

We’ve actually touched on this issue before in previous posts, but even if you are a regular reader, you might have forgotten. What is the most dangerous day for Los Angeles DUI in the calendar year? Common (but wrong) guesses might include:

•   New Year’s Eve;
•   Super Bowl Sunday;
•   Fourth of July;
•   Memorial Day Weekend;
•   Labor Day Weekend;
•   Christmas Eve;
•   Halloween;
•   St. Patrick’s Day.

All these days actually do witness an above average rate of DUI driving, and you need to take special precautions during those holidays, whether you are driving or walking around as a pedestrian. But there is one day that’s actually substantially more dangerous – and that day is the day before Thanksgiving.

That might strike many people as strange.

Why would the day before Thanksgiving be a time for DUI driving? The answer probably has to do with the behavior of college kids who are returning home from college to their families for the Thanksgiving holiday. For college students who have left home to go to college, Thanksgiving break is often the first time that they get reunited with their high school friends. And even though young people cannot legally consume alcohol until they are 21-years-old, many people who go off to college find ways around these restrictions and end up experimenting substantially with alcohol during their first 2.5 months of college. So when they come home, they may be still in a giddy experimental stage with alcohol. These young college students come home to meet up with their friends who are also experimenting. Thus, things can get a little haywire. Some statistics suggest that the spike in DUI rates over Thanksgiving can be at least partly attributed to this kind of “college student effect,” although more research is needed to determine the real truth.

So why would the night before Thanksgiving be more dangerous than Thanksgiving itself?

The answer again comes back to patterns of behavior. On Thanksgiving, most people stay in with their families and eat and watch football and talk. In other words, there is not a lot of mobility. So even if people might be consuming lot of alcohol on Thanksgiving, they are staying in. On the night before Thanksgiving, however, many people who have already returned home for the holidays, but they are not necessarily hanging out with their families. Hence, we see this spike in DUI accidents on the day before the holiday.

So what can you do if you or someone you love got arrested for DUI driving during the Thanksgiving holiday?

Your first step should be to contact a reputable Los Angeles DUI defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut has an extensive track record of success as both a prosecutor and a defense attorney; he previously served as a Deputy District Attorney for Los Angeles for nearly 15 years. He and his team can provide critical guidance you need to make your decisions. Call today for a free consultation.

November 12, 2014

3 Surprising Lessons about Los Angeles DUI Defense from the Recent Ebola Scare

by Michael Kraut

Unless you’ve been living under a rock – or you’ve been so totally overwhelmed by your Los Angeles DUI that you haven’t checked CNN or your Facebook feed in months – you probably are keenly aware of the explosive Ebola outbreak in the West African countries of Sierra Leone, Liberia, and Guinea.

In mid-October, officials with the World Health Organization (WHO) and other prestigious bodies panicked and worried that the epidemic could explode outside of West Africa and create a worldwide pandemic that could lead to the infection of hundreds of thousands if not millions of individuals. Thanks to alert action on part of the U.S. Military, health authorities, and philanthropists, it at least appears that we are finally staunching the Ebola tide. However, the Ebola outbreak – in particular, how it played out in the media – holds powerful lessons for DUI defendants. Here are three.

1. We tend to fear the disturbing and exotic as opposed to the mundane and realistic.

For instance, if you have been arrested for DUI, you might be terrified about going to jail for 2+ days. While staying in jail is not a picnic, you might be overlooking far more profound consequences… such as losing your California driver’s license for a year or longer. Imagine not being able to drive to work, take your kids to school, and even go on simple errand runs.

2. When things go wrong in life, it’s easy to spiral out of control into a panic, but overreacting can make problems worse.

For instance, despite statistical and epidemiological evidence that closing off the U.S. borders to West African countries would not stop the spread of Ebola in the U.S. — and potentially even impede efforts to contain disease, because rescue workers and doctors could not as easily travel back and forth — many people choose not to hear these rational arguments. Likewise, many DUI defendants react in nonstrategic fashion by, for instance, waiting way too long to hire attorneys to represent them and guide them through the process.

3. The right kind of help at the right time can make a huge difference.

If you look at the projections for Ebola before and after the massive international reaction, the data are stark. Our intervention really seems to have made a big difference. Likewise, if you find the right people, such as a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers, you may be able to powerfully affect your future, win back your freedom, and avert personal catastrophe.

Call the Kraut Criminal & DUI Lawyers today for a free and confidential consultation.

November 7, 2014

Proposition 47 and the Evolution of Los Angeles DUI Law

by Michael Kraut

If you’ve been a long time reader of our Los Angeles DUI blog, you’ve read about some relatively radical changes in the scope, nature, and direction of California criminal law over the years.

The Golden State’s codes are living documents, designed to respond to the needs and concerns of the citizenry in an organic, ongoing basis. Over time, citizens, legislators and judges all regularly seek to amend these guidelines.

To wit, consider the success of Proposition 47, passed on Tuesday by a healthy margin. This proposition attracted intense support and opposition. The goal was to increase equal justice and to prevent certain nonviolent drug offenses from being automatically charged as felonies. On the one hand, citizens, policymakers and those in the judicial system alike are concerned about the legion of people incarcerated in California jail cells — often for relatively minor offenses that did not lead to injuries or harm to others. On the other hand, we recognize that bad behavior needs to be punished and deterred.

Here’s how the Los Angeles Times summarized the fall out of Yes On Prop 47:

“The day after California voted to reduce punishments, police agencies, defense attorneys, prosecutors and even some advocates were scrambling to figure out exactly how it was going to work. The greatest effect, experts said, would be in drug possession cases, noting that California is now the first state in the nation to downgrade those cases from felonies to misdemeanors. Thousands of felons are now eligible for immediate release from prisons and jails.

City attorneys accustomed to handling traffic tickets and zoning violations are now responsible for prosecuting crimes that used to be felonies, including forgeries, theft and shoplifting. District attorneys who used to threaten drug offenders with felony convictions to force them into rehabilitation programs no longer have that as an option. Social workers said they worried that offenders who voluntarily seek treatment will have trouble finding services.”

For help understanding your rights, obligations and legal needs regarding Proposition 47 or CVC 23152, call a Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers to get an objective, insightful and strategic analysis of your defense options.

November 5, 2014

Ted Vick, Legislator from South Carolina, Beats His DUI Charge

by Michael Kraut

When someone – a politician, actor, or ordinary Joe – beats a Los Angeles DUI charge “on a technicality,” the peanut gallery often groans.

After all, we have come to associate the term “technicality” with a lack of justice being served. A TV movie villain, for instance, might escape a just prison sentence because his lawyer “gets him off on a technicality.”

But technicalities exist in our legal code for a reason: we need our laws to be fair, systematic, and balanced, so that they can adequately protect the population and also ensure the rights of suspects in criminal cases.

With that prelude, let’s take a look at a peculiar story about South Carolina State Representative, Ted Vick, who just successfully beat back a 2013 DUI charge. (Vick still faces other charges stemming from a 2012 arrest on weapons possession charges and DUI.)

According to news reports, Vick had consumed wine at a local restaurant in May 2013. On his way to the car, an officer allegedly saw Vick struggle to get a pebble out of his shoe. This alerted the officer’s suspensions, and he followed victim to garage, where he said the state rep drove over a traffic cone. The officer stopped Vick and arrested him after a struggle.

During the trial, before prosecutors could show the tape of the struggle, Vick’s attorney asked the court to dismiss the case, because the video camera did not show the officer reading Vick his Miranda rights. The court agreed and dismissed Vick’s charges.

The news reported this story as an “escape by technicality” situation, but the Miranda rights are crucial. They exist to prevent people from self-incriminating; we need to protect and preserve them.

If someone you love stands accused of a similar crime, an experienced Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers can help you understand what your charges mean and respond effectively and strategically to them.

Call a former prosecutor today to schedule a consultation about your defense.

October 15, 2014

Pro Tip: If You Get Arrested for Los Angeles DUI, Don’t Tell Police That You Are “Going To Do It Again”

by Michael Kraut

To defend against a Los Angeles DUI charge effectively — particularly if you actually committed a crime — you want to express remorse at the appropriate time. You need to show that you understand that what you did was dangerous and could have resulted in severe injuries or even the loss of life.

What you DON’T want to do is to brag that you are “going to do it again,” like Willissa Harris allegedly told police in Tulsa, after she smashed into a cable barrier on a local freeway, Highway 75. According to local media, after Harris hit the barrier, police helped her out of her vehicle and observed that she had red, bloodshot, glassy eyes and slurred speech – classic signs of DUI.

Per reports, Harris had been arrested twice prior for DUI, and she decided to chat with the police about her background on the way to the station. They recorded her apparently self-incriminating statements: she told police that she enjoyed “doing this” [causing the DUI wreck] and that she intended to “do it again.” Police took her to the Tulsa County Jail for processing.

Obviously, it’s no secret that people do and say very dumb things after being stopped for DUI – we’ve come back to this theme again and again on this blog. But there are limits to how and when you can self-incriminate. For instance, let’s say the police fail to read your Miranda Rights — these include the caveat that “anything you say or do can be held against you in the court of law.” If so, you can fight back against the charges by making the argument that the court shouldn’t consider any self-incriminating statements that you made because police didn’t remind you of your rights before you said them.

The court will assess your complete history, including both admissible statements that you have made and your actions. In Harris’s case, the fact that she has two DUIs under her belt will probably matter more than the fact that she boasted under duress that she was “going to do it again.”

If you or someone you love needs to defend effectively against a similarly complex suite of charges, please call an experienced Los Angeles DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers immediately to schedule a free consultation with highly respected former prosecutor Michael Kraut

October 8, 2014

DUI Murder Conviction Stands for Adam Harrison Hall: 17 Years-to-Life Prison Sentence Upheld

by Michael Kraut

Driving under the influence of drugs in Los Angeles is a dangerous crime, as even a child could tell you. But what distinguishes a “run of the mill” drug DUI from an arrest that leads to a second degree murder conviction and a 17 year-to-life jail sentence?

The answer is: the circumstances.

Consider, for instance, the nightmarish series of events that unfolded on the morning of February 13, 2011. Adam Harrison Hall spun out of control in his Ford SUV, smashed into a Toyota SUV at a red light, injuring the occupants, then veered onto the sidewalk and hit and killed 40-year-old Mara Steves, who had been walking a lost labrador retriever.

Hall allegedly killed a pedestrian and caused a massive wreck that led to other injuries… AND he had two prior DUI convictions.

In Southern California, after you get convicted of a DUI, you receive what’s known as a Watson Advisement. This is basically a “last warning” that affirms that you understand that driving DUI can lead to severe injury and death. People who receive the Watson Advisement and then later go on to commit another DUI crime and kill someone can be charged with DUI murder, also known as a “Watson Murder” because of the eponymous advisement.

In any event, Hall apparently had nearly a pharmacy’s worth of drugs in his system, including morphine, amphetamine, temazepam, oxazepam, hydroxyalprazolam, alprazolam, nordiazepam, diazepam, and methamphetamine as well as THCA. In February this year, a jury found Hall guilty of a smorgasbord of charges, including misdemeanor drug DUI, two felony counts of obtaining drugs via a forged prescription, one felony prescription forgery charge, and of course one felony murder count. Hall had appealed the verdict, because he argued his trial attorney had been inadequate and that the prosecution did not have enough evidence to prove that he had been the driver burning through the red light. But the three justices disagreed and upheld the murder conviction.

If you or some you love faces a severe charge, like DUI manslaughter or murder, call a qualified, compassionate Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers to get effective insight into your possible options.

October 2, 2014

What Should You Do After Your Fourth Los Angeles DUI Arrest? [Hint: Don’t “Moon” the Police]

by Michael Kraut

One of the consistent themes we’ve discussed on this Los Angeles DUI defense blog is the tragic observation that drivers often make their legal situations far, far worse after getting stopped for DUI. We’ve covered stories about drivers who have attacked police, driven off in a panicked rage from a stop, and even charged through DUI checkpoints.

Unfortunately, one “bad night” can lead to a series of criminal charges, which can land you in jail for many months or even years, depending on what you did, whom you hurt, and whether you have a criminal record. To wit, consider the case of 49-year old Michele Ann Rivera of Coral Springs, Florida. Per a local paper, she and her husband, Stancel Ganus Kinsley, 68, had been driving home from Kinsley’s birthday in the early afternoon on Sunday, when some kind of “road rage” incident broke out. One motorist called the police and reported that Rivera had been winding all over the road on North University Drive in her Toyota 4Runner.

Allegedly, the 49-year-old got out from the driver seat and screamed at a driver for tailgating her. Meanwhile, Kinsley took the driver seat. Police alerted by the ruckus determined that both Kinsley and Rivera had symptoms of DUI, including bloodshot eyes, slurred speech and a distinct smell of alcohol. Authorities also allegedly found an open bottle of Vodka in her purse. Police put her through the paces of field sobriety tests, which she allegedly couldn’t complete. Police then arrested both her and Kinsley for DUI, at which time she apparently became abrasive and loud and mooned a police officer, yelling “this is the best you will ever have.”

In Los Angeles, if you are arrested more than three times in a 10-year period for driving under the influence, authorities can charge you with a felony, even if you committed what would ordinarily only be a misdemeanor DUI. To protect your rights and make smart strategic choices about your Los Angeles DUI defense, contact a lawyer with the Kraut Criminal & DUI Lawyers immediately to schedule a free and confidential consultation.

September 24, 2014

Oceanside DUI Checkpoint Memorializes Officers; Firefighter Implicated in DUI Crash

by Michael Kraut

When it comes to DUI in Los Angeles, uniformed men and women can be either victims or perpetrators. Recent incidents in Carlsbad, California, and Lexington, Kentucky, shed light on this dichotomy.

Jarad McCargo, a firefighter in Lexington, lost his job September 22 as a result of an accident in which he struck three people with his vehicle while allegedly under the influence. The 36-year-old reportedly backed his Ford Expedition into a local bar, The Beer Trap, critically injuring Noel Espino and hitting two others. After the collision, he fled the scene and hid behind several trash cans before police located and arrested him. McCargo’s charges include:

•   Driving under the influence
•   First-degree assault
•   Leaving the scene of an accident
•   Driving without insurance

Conversely, the Carlsbad community continues to honor two Oceanside California Highway Patrol officers who lost their lives to DUI drivers recently. On September 20, police set up a DUI checkpoint on Carlsbad Boulevard to identify potentially impaired drivers.

While the checkpoint served to raise awareness regarding the dangers of DUI driving, authorities also dedicated it to the memory of two officers:

• Officer Sean Nava. Nava died in October 2000 when a DUI driver struck him as he responded to a DUI crash.

• CHP Officer Stephen Linen. A DUI driver collided with Linen’s patrol car on Interstate 5 only months after Nava’s death, killing the officer.

Officers and bereaved family members alike hope the memorial checkpoint will cause people to think twice about driving under the influence and hold their friends and loved ones accountable.

Regardless of your professional background, injuring or killing another person when driving drunk is a devastating offense for everyone involved. The potential repercussions for your freedom and future are severe, but an experienced Los Angeles DUI attorney can help. Contact the Kraut Criminal & DUI Lawyers today to discuss your case and begin forming your defense.

September 10, 2014

California Baseball Star, Everth Cabrera, Arrested for Marijuana DUI

by Michael Kraut

Only a few days ago, San Diego Padres’ shortstop, Everth Cabrera, was arrested in eastern San Diego County. The charge: driving under the influence of marijuana. If you or a love one faces similar charges, Cabrera’s story might be able to provide you pivotal insight into what to do and not to do to manage a marijuana-related Los Angeles DUI case.

Cabrera’s Arrest

Border patrol stopped Cabrera and sent him back to the California Highway Patrol office. When he arrived, the star did not appear to be under the influence of drugs or alcohol, and authorities released him to the custody of his mother-in-law.

Cabrera apparently claimed in his defense that he had been using a medical substance and that he didn’t know what was in it. But even if someone’s on a legal drug, such as an over the counter medication, he or she can face serious drug DUI charges for getting behind the wheel while under the influence.

According to the Padres, the investigation is still underway. The team is currently communicating with Major League Baseball about how to handle the situation.

This is not the first time Cabrera has gotten in trouble with the law. In 2012, Cabrera was arrested on a charge of domestic violence misdemeanor assault. That charge was ultimately dropped.

DUI Marijuana Charges in LA

In California, almost all cultivation and possession of marijuana is illegal. Federal and state laws differ with respect to how and when marijuana use or sale constitutes an illegal act. It is unlawful to drive under the influence of marijuana, regardless of whether the driver has a medical justification. Additionally, prosecutors don’t have to show how much marijuana was in the driver’s system; they only need to show that the driver was generally under the influence.

Marijuana stays in the body far longer than alcohol and other drugs. Blood samples can show evidence of metabolites of THC, a psychoactive compound in marijuana.

If you were not under the influence, but you had been in possession of marijuana or marijuana paraphernalia, you may be charged with a misdemeanor. Possession of marijuana for sale is a felony. Whether or not an officer witnesses a sale taking place, he or she can penalize you for having a scale, pager, or large amount of cash along with possession.

If you’ve been arrested for a marijuana-related DUI in Los Angeles, the first thing to do is contact a criminal defense attorney with extensive knowledge and experience about such cases. Michael Kraut is a Los Angeles DUI attorney with years of experience dealing with drug crimes in the region.

August 29, 2014

South Dakota As a Test Case: How DUI Laws Are Changing Across the Country

by Michael Kraut

Conscientious drivers often believe they know everything there is to know about avoiding a Los Angeles DUI. However, changing California DUI laws sometimes make understanding and compliance seem like a moving target.

The same is true in South Dakota, where the state’s Supreme Court recently ruled to eliminate the “implied consent” law, allowing police to obtain blood samples from DUI suspects. Previously, officers could use probable cause to administer breathalyzer tests, sobriety exams, and (if the suspect failed the first two) a blood test.

The principle of implied consent asserted any driver pulled over during a DUI stop was also consenting to a blood test. However, several South Dakota counties have rejected this notion, requiring a search warrant before a suspect had to provide a blood sample.

Under the new enforcement procedures, authorities must use one of three methods to obtain a suspect’s blood test, including:

• Actual consent. The driver freely agrees to take the blood test.

• Search warrant. Once the court provides a search warrant, the suspect must provide his or her blood.

• Exigent circumstances. This represents a muddier legal area, as such scenarios remain up to the officer’s judgment.

South Dakota represents only one of the many states implementing new DUI arrest and conviction procedures. In the state of California, the major issue in 2014 is the inclusion of drug use in DUI charges.

California Vehicle Code Section 23152 now stipulates a driver using any amount of substances – illegal or otherwise – potentially impairing motor, neural, or other functions is subject to arrest and conviction for driving under the influence of drugs, or DUID. Those unaware of the change to the law may find out the hard way when pulled over and tested for intoxication.

The safest way to remain compliant with changing California DUI laws is to avoid driving in a situation where alcohol, illegal drugs, or prescription medications may impact one’s ability to drive. However, mistakes can occur due to misunderstandings or ambiguities in the law. When this happens, defendants need a Los Angeles DUI attorney to stand up for them in court.

If new California DUI laws have caught you by surprise and you need a lawyer, contact the Kraut Criminal & DUI Lawyers today.
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