DUI Punishment

December 14, 2015

The Damage Done By Los Angeles DUI Drivers

Most arrests for DUI in Los Angeles don’t make the headlines. That’s actually good, because it means that the driver did not kill anyone, injure anyone seriously or cause extensive property damage.

But news reports from all around the country do carry stories every day about a DUI driver who has caused irreparable harm. In just a one-week time period, media sources reported on these incidents:

• A judge in Springfield, Massachusetts, revoked bail for a woman accused in an August crash that left a 16-year-old paralyzed from the chest down. The court had initially released Jomaris Colon on $2,000 bail. After Colon’s second probation violation, a judge ordered her back to jail for at least 90 days.

MASS Live reports that the victim, Alex Scafuri, had been skateboarding home from his school’s volleyball tryouts when Colon hit him. The 26-year old driver, who didn’t have a license, allegedly fled the scene after the accident.

The prosecutor claims to have videos from various stores that day that show Colon making alcohol purchases. Meanwhile, MASS Live website reports that Scafuri’s family is performing the painful task of clearing out all of the sports equipment that the teen will no longer be able to use.

December 7, 2015

November’s High Profile Los Angeles DUI Cases

by Michael Kraut

The City of Angels attracts a fair number of celebrities who party too hard and end up facing charges of DUI in Los Angeles. The most recent case was Michael Weatherly, a longtime actor on the television show NCIS. He spent 15 hours in jail in early November after police pulled him over for speeding. Since Weatherly’s reported blood alcohol content measured above the legal limit of .08, he is now looking at two counts of DUI. Since Weatherly is a first-time offender, however, he’s not likely to face jail time.

Let’s also quickly survey two big out of state celebrity DUI cases.

December 4, 2015

Do Double Los Angeles DUI Drivers Get Their Vehicles Back Too Soon?

by Michael Kraut

Police officers who arrest motorists for DUI in Los Angeles occasionally run across drivers who don’t learn from their initial mistakes. As soon as these alleged DUI drivers are out of jail, they get behind the wheel again.

One woman in Somerset, Pennsylvania, may hold the record for the least amount of time between DUI arrests. She’s certainly a contender.

On Saturday, November 14th, around 5 p.m., Pennsylvania State police arrested Michele Leonard, age 47, on charges of DUI after she crashed her car in an intersection in Somerset Township. They gave her a breathalyzer test and took her to the station, where officers did the paperwork and then released her.

Leonard still apparently wasn’t thinking too clearly, because she gave $3 to a stranger to take her back to the crash site. She got back in her car and proceeded to drive away, only to lose control of her vehicle and smash the side of a parked car. She ended up traveling down a nearby driveway and through the owner’s shed, destroying both the building and many of the expensive tools inside.

November 27, 2015

Teachers Need Education on DUI

by Michael Kraut

Students who take drivers education in the Southern California area hear numerous warnings during their classes about the dangers of DUI in Los Angeles. But sometimes the teachers of these classes ignore their own good advice.

Take the case of 51-year-old, Richard Bull. The Fort Myers, Florida, CBS affiliate WINK reported on that when Bull attempted to pull into a McDonald’s parking lot in Alva, Florida, his vehicle jumped the curb and landed up in a ditch alongside the fast-food restaurant. When Lee County deputies reported to the scene, he allegedly compounded his problems by trying to convince them that someone else was driving his car and had taken off when they approached.

This scenario would have embarrassed anyone (once they were sober again), but the real problem in Bull’s case is that he teaches driver’s ed at the local Riverdale High School. He was even wearing a school tee shirt when arrested. The Lee County School District said that while it doesn’t fire teachers for DUI, it will probably reassign the (now former) driver’s ed teacher.
Even if they don’t teach driver’s ed, educators are expected to set a good example behind the wheel. But in Williamson County, Tennessee, a finalist for the state’s Principal of the Year got in trouble when he crashed his car in late October, causing some property damage.

November 23, 2015

DUI Arrests Declining in Chicago—But Is That Really A Good Sign?

by Michael Kraut

If the number of arrests for DUI in Los Angeles decreased, would it mean that the roads are getting safer? Maybe not. A recent article in Illinois’ Daily Herald newspaper raised some questions about the real meaning behind a decline in DUI arrests in several suburban Chicago neighborhoods.

Columnist Jack Griffin wrote in a November 18th column in the Daily Herald that DUI arrests in 79 Chicago suburbs have been declining since 2007. Surveys compiled by the Alliance Against Intoxicated Motorists (AAIM) reported that police made 12,166 DUI arrests in 2007 and only 6,955 in 2014.

But what’s the reason for the declining arrests? Griffin spoke with one Chicago area attorney who thinks people simply don’t have the money to go out drinking. The police chief in the Chicago suburb of Lake Hills, however, believes people are becoming more conscious of the need to take a cab or have a designated driver when they plan on drinking. (Arrests in this suburb declined from 100-plus each year between 2007-2012 to 86 in 2014.)

November 13, 2015

An Alternative and More Humane Approach to the Los Angeles DUI Problem?

by Michael Kraut

Drivers arrested for DUI in Los Angeles often have a history of repeated offenses. Taking away their drivers’ licenses doesn’t seem to prevent them from driving while intoxicated; neither does jail time. But each time they get behind the wheel, they not only put other people at risk of injury of death, but they also risk their own welfare and the well-being of any family members who depend on them for support.

What can be done, for real, to solve the problem at its root?

California’s Monterey County Superior Court is attempting a radically different approach that could, if successful, alter how we think about DUI treatment and prevention. According to reports on KSBW and in the Monterey County Weekly, the Court has recently launched a new Driving Under the Influence Court. Judge Sam Lavorto had the idea for this special court, which will operate on a therapeutic model, trying to get help for people who have alcohol problems so that they won’t repeat their offenses.

November 11, 2015

Halloween DUI Driver Scares LA Motorists and Pedestrians

by Michael Kraut

A Halloween night DUI in Los Angeles left 10 people injured and a 40-year old man in jail for allegedly driving while impaired.
According to KTLA channel 5 and other local news reports, Michael Maurice Wilson had cocaine in his possession when police finally caught up with him after his out-of-control driving spree. Wilson, who was driving a rented U-Haul truck, allegedly initially sideswiped a parked vehicle on Seventh Street. But he didn’t slow down, and ended up traveling a short distance in the wrong direction on Seventh Street. He finally crashed into a motorcycle carrying two passengers and a vehicle with four occupants. (The driver of that vehicle was making an Uber run.) Wilson then plowed into a sidewalk, hitting several pedestrians before coming to a stop.

Wilson, who told police he had been heading to the store, abandoned his truck but didn’t get far before police arrived.

Ten people received injuries during Wilson’s scary Halloween drive; three ended up in the hospital, but police said none of the injuries was life-threatening. Wilson allegedly admitted that he was under the influence of marijuana, and police booked him on charges of DUI and possessing cocaine.

November 6, 2015

Lessons from California’s Big Drought for Los Angeles DUI Defendants

by Michael Kraut

Even if you’ve been consumed by concern over a recent Los Angeles DUI arrest, you’ve no doubt at least been aware of the hand wringing and impassioned discussion about California’s epic drought and the impact that it will have on industry, communities and homeowners.

Despite California’s implementation of water conservation measures, many engineers worry that, with our reservoirs running low and longer concerns about climate change adding uncertainty to the mix, water planning challenges will abound for some time.

Will the drought subside as El Nino surges in the Pacific?
Will we continue to deplete our aquifers until we are forced to take extreme measures, like cutting off water to almond farmers or forcibly desalinizing the Pacific to keep our cities hydrated?

November 2, 2015

Citizen Makes Arrest After Encounter with DUI Driver

by Michael Kraut

People who imbibe too much alcohol or operate a vehicle under the influence of illegal drugs in Los Angeles (or anywhere) can be unpredictable in their behavior. Would YOU confront a likely DUI driver if you had a close encounter with him or her?
A man in Chickasha, Oklahoma, did just that when a driver operating the influence threated his family. A report on television station KFOR 4 said that Jared Shepperd made a citizen’s arrest after chasing down the driver who almost hit his family’s vehicle head on.

Joley Schulte, age 44, allegedly had been traveling in the wrong direction (going south in the northbound lane) on a bridge over Country Club Road. Shepperd, with his wife and two-year old son in the car, was also traveling northbound, but in the proper lane. A collision seemed inevitable, but Shepperd acted quickly and reversed direction, backing up at 35 miles per hour. Even then, he only narrowly escaped Schulte slamming into his vehicle and his family. (The news report quoted Shepperd as saying his driving looked like something out of a Fast and Furious movie.)

Schulte kept driving along—she finally pulled into the right lane–but Shepperd, who is a volunteer firefighter, followed in hot pursuit, eventually catching up with at her at an intersection along Country Club Road. He managed to block her from leaving until the Chickasha police arrived. The police arrived and performed a sobriety test on Schulte.

October 28, 2015

The Day Before Thanksgiving: Why It’s Such a Dangerous Time for Los Angeles DUIs

by Michael Kraut

As the holiday season approaches, most people are looking forward to Thanksgiving turkey, Christmas presents and 2016 fireworks. But a small percentage of people will face unpleasant surprises, such as Los Angeles DUI arrests. Believe it or not, DUI arrests are not spread out evenly throughout the year. Some days are actually more dangerous for DUIs than others.

Statistical analyses have revealed, for instance, that major national holidays, such Memorial Day weekend, Labor Day weekend, the 4th of July, Super Bowl Sunday and New Year’s Eve tend to be more dangerous than average days. In a recent post, we talked about confounders that make easy explanations for this phenomenon hard to identify.

(The “too long; didn’t read” of it is this: just because you notice an ASSOCIATION between two variables — holidays and DUI arrests, for instance — doesn’t mean that you can know what CAUSES what.)

In any event, these analyses, for whatever reason, show that the day before Thanksgiving tends to be a particularly dangerous time. Thanksgiving is also dangerous, but it’s not as dangerous as the eve of Thanksgiving.

Why is this?

One theory is that college students home for break often spend the night before Thanksgiving out with friends, partying. During Thanksgiving, they stay at home with their families and eat and drink inside. But the night before, they go out to bars. Although parents don’t want to hear this, statistics show that children who go off to college often experiment with alcohol and drugs in a fairly predictable manner, even though it’s illegal for minors to do so.

Driving DUI under any circumstances can get you into serious trouble, leading to license suspension, hikes on your insurance rates, and jail time. But driving under the influence while under the age of 21 can lead to special punishments, and the legal system is less lenient. For instance, a minor stopped with a BAC of just 0.05% could lose her license, even though that BAC would be under the legal limit for an adult.

The experienced Los Angeles DUI defense attorneys at the Kraut Criminal & DUI Lawyers would love to learn more about what you are going through and help you develop a sound strategic plan.