DUI Punishment

August 6, 2014

Breaking Justin Bieber DUI News: Pop Icon’s Hearing Has Been Rescheduled

Our Los Angeles DUI blog — as well as practically every media organ that covers popular culture — has been keenly attuned to the saga of Justin Bieber’s DUI case.

The latest development is something of a “pass” – prosecuting attorneys requested to reschedule a hearing to determine whether Bieber should be put on trial for DUI and resisting arrest. The judge agreed to this request but didn’t put matters off for long. The hearing will go forward on August 13. Rumors of a plea deal are floating.

As you might recall from following the seemingly endless barrage of news footage about Bieber’s arrest, the “Baby” singer allegedly was drag racing illegally on Miami streets in a rented Lamborghini. Police said he had alcohol on his breath, although he apparently tested below the 0.02% BAC cut-off for underage drivers. However, some evidence suggests that he had been on Xanax (an anti-anxiety medication) and that authorities found marijuana in his system. The arresting officer noted: “I immediately smelled an odor of alcohol emanating from the driver’s breath… the driver had slow, deliberate movements and a stupor look on his face. These are all indicators of an impaired driver.”

In addition to dealing with the fallout of his January 23 arrest, Bieber has faced other legal problems this summer. In July, for instance, he plead no contest to misdemeanor vandalism charges and paid over $80,000 in restitution to his next door neighbors in Malibu, after he egged their house and damaged their wood exterior.

If you’re an under-aged driver, and you police catch you beyond the wheel with even a trace amount of alcohol in your system, you can lose your license and face other penalties that make it much more difficult for you to drive to school, keep your job and build your life and career. Call the team here at the Kraut Criminal & DUI Lawyers today for a free and confidential consultation about your potential Los Angeles DUI defense.
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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 9, 2014

Chappelle’s Show Star, Donnell Rawlings, Caught Driving DUI in Manhattan

by Michael Kraut

Those facing Los Angeles DUI charges are now in the company of yet another celebrity. Donnell Rawlings, a comedian who appeared on Chappelle’s Show, was arrested at 3:30 a.m. on Friday, July 11 in New York City.

Rawlings, who became famous for the “Ashy Larry” character he portrayed on the Comedy Central variety show, was driving the wrong way down a Manhattan one-way street, when police stopped him and conducted a breathalyzer test. According to authorities, his blood alcohol content was more than double the legal limit for driving in California.

Despite the inherent hazards of wrong-way driving while under the influence of alcohol, law enforcement apprehended Rawlings before he could cause any damage or injuries to himself or to others.

This incident represents the latest in a long history of celebrity DUI arrests. Although some individuals may believe public figures enjoy immunity from consequences for such offenses, the reality is much different. Like any other citizens, celebrities arrested for and convicted of DUI driving experience serious legal consequences, as well as damage to their public reputations.

California Vehicle Code section 23152 does not discriminate between celebrities and “ordinary people” when it comes to defining the penalties for driving under the influence. Regardless of one’s profession, income, or personal connections, DUI presents serious risks and consequences to drivers.

In addition to jail time, individuals convicted of DUI may receive community service, probation, fines, and license suspensions. With repeated offenses, the penalties increase. Whether a driver works at a fast food establishment or on a hit television show, his arrest and conviction records indicate a lack of judgment and can lead to problems with employment and reputation.

A qualified Los Angeles DUI attorney possesses extensive knowledge regarding California law and can help individuals present an effective defense. The Kraut Criminal & DUI Lawyers offers free consultations for those facing DUI charges. Contact us today to learn how we can help.

June 25, 2014

After Your Los Angeles DUI Arrests: Should You Voluntarily Install an IID Device in Your Car?

by Michael Kraut

One of the most feared punishments for the crime of driving DUI in Los Angeles involves the so-called Interlock Ignition Device, or IID. According to a law passed a few years ago, DUI offenders in L.A. often must (at their own expense) install IID devices in their vehicles. This device makes it impossible for you to start your car, unless you first blow a sober breath into a breathalyzer type device. The theory is pretty simple: if you can’t make safe decisions about driving, just outsource the decision-making to an automated arbiter, like a machine.

Many DUI defendants bristle at the thought of putting in an IID, which is not just an expensive encumbrance but also an embarrassing talisman. For instance, let’s say you go out to a party and meet a new potential girlfriend or boyfriend. And then you invite this person into your car for a ride. If your prospective suitor sees the IID, the conversation will inevitably turn to your Los Angeles DUI, and then things could get uncomfortable and hurt the potential relationship.

Critics have voiced other concerns. What if the machine malfunctions, when you’re in a bad part of town, and you can’t start your car? What if the IID automatically notifies police, when you didn’t even do anything? Etc.

That being said, the reality of having an IID is often less awful than most people fear. Some folks actually enjoy having the device in their vehicles, because it helps them stay out of trouble, and they don’t trust themselves to make good judgments in the moment.

For instance, let’s say that your tolerance is pretty low: if you have two normal sized drinks at a party, you’ll be over the limit. Having an IID can help you avoid making a mistake that would put yourself and other people at risk. An IID CAN be a benign, helpful tool for providing structure and managing risks.

Ideally, you want to construct a defense to maximize your sense of control. The Kraut Criminal & DUI Lawyers is a Los Angeles DUI defense law firm started by Harvard Law School educated ex-prosecutor, Michael Kraut. Mr. Kraut worked for 14 years as a Deputy District Attorney. He and his team have abundant resources and a great track record to help you develop your case. Continue reading

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 20, 2014

Two Pretty Disturbing (and Also Poignant) DUI Stories

by Michael Kraut

Our Los Angeles DUI blog strives to humanize the experience of being arrested and prosecuted for driving under the influence.

DUI charges can be isolating and scary. Many defendants feel like they are “in it alone.” So it can be helpful to survey the vast catalogue of DUI events that happen every day and put those events into context. To that end, let’s take a close look at two poignant June DUI stories.

First, let’s head up to Montana, where 63-year-old Rick Fincher of Big Sky recently got hit with his third DUI charge… while en route to bail his wife out on charges of DUI!

According to the Bozeman Daily Chronicle, Fincher got word that police stopped his 44-year-old wife, Stacey Joe Fincher, and arrested her for DUI. She allegedly tested at 0.201% BAC – more than 2.5 times the legal limit here in California.

Police then pulled over Fincher’s pickup truck near the jail; his BAC allegedly tested at 0.159% – nearly twice the legal limit.

Meanwhile, an alleged DUI driver hit and killed 81-year-old Edward Salkin in Corona Del Mar on June 12, near Morning Canyon Road. Officers arrested a Costa Mesa resident, 23-year-old Robert Greaney, in connection with fatal accident. Salkin had been a Professor of Pedatric Dentistry at USC, and he operated a thriving practice in Huntington Beach.

Whether you face manslaughter charges or less serious but still scary charges, like a misdemeanor count per CVC 23152, call the Kraut Criminal & DUI Lawyers today to schedule a free and confidential consultation with an experienced Los Angeles DUI defense lawyer.
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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 7, 2014

Since When Are There ATM Machines on Railroad Tracks?

by Michael Kraut

Drivers arrested for DUI in Los Angeles (and elsewhere) often engage in bizarre actions that make them fodder for mockery in the blogosphere and, occasionally, the late night talk shows.

To wit, consider a rather bizarre case out of Chicago, where 26-year-old Maria E. Segura was arrested for two DUI, after she drove her Chevy Cavalier onto a bunch of railroad tracks near the 3300 Block of Harlem Avenue.

A police officer spotted her at around 4 in the morning on the Burlington Northern railroad tracks. After seeing the vehicle bizarrely start rolling down the tracks, the officer called his dispatch to shut down rail traffic, so that there wouldn’t be an awful collision. Then he drove up to the Cavalier and stopped the vehicle. The woman allegedly smelled strongly of alcohol, and she could barely articulate herself to the officer.

She was reportedly put through the paces of a field sobriety test – which might have included:

•   The walk the line test (where you have to walk across a painted line… or the side of a railroad track… without losing your balance);
•   The horizontal gaze nystagmus test (where an officer shines a light in your eyes to determine how your pupils respond to light);
•   The count backwards by 3s test (where you try to count backwards from 100 by 3s – a test of your of cognitive impairment);
•   The finger to the nose test (where you stick out your arms on either side, close your eyes, and try to touch your nose with your fingers — when you are under the influence, your ability to coordinate this act is undermined)

Segura told the officer that she had been looking for an ATM – a bizarre explanation, obviously. She was booked at a local station and tested to have a BAC level of 0.209 – more than 2.5 times the legal limit in Chicago and here in Southern California of 0.08 percent.

In addition to confiscating her 1996 Chevy Cavalier, authorities hit her with two DUI counts, a charge of driving without insurance, a charger of driving on a suspended license, and another charge of driving in the wrong lane.

Do you need help with your case? If so, contact a DUI defense lawyer with the Kraut Criminal & DUI Lawyers today to schedule a confidential and free consultation with our team.
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April 16, 2014

Finding a “Good Enough” Los Angeles DUI Attorney Amid the Unbelievable Amounts of “Noise Pollution” Online

by Michael Kraut

As you research prospective Los Angeles DUI attorneys, you’re bound to stumble across many, many different blogs and websites of potentially viable candidates.

Some sites may look austere, dry and professional. Others may be far more involved and feature lots of multimedia whiz-bang business – video tutorials, white papers, in-depth free online slide shows, etc.

Unfortunately, the most effective DUI attorneys don’t necessarily have the most spectacular websites, and vice versa. There are some excellent attorneys who just don’t have the time/energy/need to build a massive online presence, because they get tons of business through referrals or through a minimalist online marketing system.

So where does that leave you, as you try to sift through the noise?

Obviously, since this is a DUI blog run by a particular law firm (the Kraut Criminal & DUI Lawyers), we can’t exactly offer objective guidance! But there are some universally sound ways of vetting prospective attorneys. For instance:
•   Look at both objective and subjective measures of success. For instance, has the attorney won plaudits not just from past clients but also from objective third-party sources?
•   Can the lawyer or law firm recite impressive statistics (such as the fact that Mr. Kraut can say that he achieved over 99% success rate at jury trials, while serving as a criminal prosecutor)?
•   Have there been any business or ethics complaints against the firm?
•   Is the firm willing to provide a free and confidential consultation?

No vetting process is perfect. Given the nature of your case, many different attorneys may be up to the task of dispatching your matter effectively. But remember: your goal is to pass the “good enough” threshold. For a very minor matter, many lawyers might be up for the job. For more complex situations, your choice of attorney might matter more — a lot more, in fact.

What may appear to be a minor case could turn out to be something major. So that’s the tricky part! For instance, let’s say that police stopped you on Santa Monica Boulevard, after you and some friends had been partying, and cited you with a misdemeanor Los Angeles DUI charge. You didn’t hurt anybody. You didn’t fight with police. There was no additional “drama.” But the simple nature of your case may be an illusion. As your attorney delves into the evidence, he may find that the police behaved unconstitutionally, and your case may hinge on his ability to prove some obscure, very complex point of constitutional law.

Given the high stakes you face – the potential for jail time, massive fines and fees, and restrictions on your freedom and California drivers’ license – your attorney’s ability to find and debate that subtle piece of constitutional law suddenly takes on a whole new meaning.

The point is this: take your time. Do due diligence, and really investigate potential legal resources. Feel free to connect with Harvard Law School educated, ex-prosecutor Michael Kraut today for a free, thorough, and confidential consultation about your Los Angeles DUI defense. You can trust the Kraut Law Firm for ethical, resourceful insight.
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January 15, 2014

2,268 Los Angeles DUI Arrests Over Holiday – Up from Last Year – What Does it All Mean?

by Michael Kraut

According to the L.A. Times, police around Los Angeles County arrested 2,268 people over the holiday period for driving under the influence in Los Angeles.
The Los Angeles County Sheriff’s Department said that the crackdown stretched from December 13 through New Year’s Day and involved diverse law enforcement agencies. The 20 day span utilized special saturation patrols, sobriety check points for Los Angeles DUI, and routine patrols. It netted 100 more people than did a similar crackdown during the 2012 holiday season. Authorities called the plan a success and boasted that the number of people busted for DUI in Los Angeles over the period was “significant.” Authorities plan to perform a similar anti-DUI canvasing during the Super Bowl holiday and St. Patrick’s Day weekend.

Taken out of context, the spike in number of Los Angeles DUI arrests may sound alarming. Are anti-DUI messages not resonating? What’s going on?

When analyzing statistics, you need to be careful to avoid over-interpreting data. Arrest numbers can vary due to random statistical noise. In other words, there may not be a “cause” for the fluctuation – randomness just happens. In fact, at one point over the holidays, CBS Los Angeles reported that seasonal DUIs were on a decline. Here’s a key quote from cbsla.com “the CHP tracked DUI related arrests from 6:01 PM Tuesday through 6:00 AM Wednesday and arrested 76 people in Los Angeles County during that time. During the same time last year, CHP officers arrested 86 people.”

The moral here is clear: statistics without context don’t lead to meaning. You need a guide to the Los Angeles DUI defense process that you can really trust. The good news is that former Deputy District Attorney, Michael Kraut, is standing by to help you make sense of what you’ve been through and plan a strategy to protect your rights.