DUI Punishment

October 26, 2015

DUI Driver Back In Jail After Violating Release Terms

Drivers convicted of a DUI in Los Angeles face a variety of penalties, including fines, loss of license and time in jail. A judge may show some leniency but usually reserves the right to reinstate punishments (including jail time) if the person violates the terms of parole.

This summer, Carol Ferdigan pled guilty to charges of vehicular homicide in the horrific deaths of her husband and her son-in-law. The judge released her pending sentence this fall, but she had to promise to refrain from drinking alcohol and to wear a transdermal alcohol sensing device. In early October, that device showed that Ferdigan had been drinking and that her blood alcohol content tipped 0.16% BAC, twice the legal limit, per California Vehicle Code section 23152(b).

That violation sent Ferdigan back to King County Jail to await sentencing on October 23rd.

The deaths occurred in May 2014, when Ferdigan had been enjoying a meal with several family members in her home in Sammamish, Washington. Ferdigan left the table to move her Jeep, but she apparently had consumed so much alcohol that she mistook the accelerator for the brake. She pressed the gas repeatedly, plowing through her home, smashing the table where her family sat and continuing into Lake Sammamish. The crash killed her husband and her son-in-law and badly injured her daughter.

Ferdigan wasn’t hurt; neither was her young grandson, who had been sitting on her lap while she went on her deadly drive.

Ferdigan’s blood alcohol content measured 0.16%, and she allegedly was also driving under the influence of Ambien.
The 69-year-old grandmother ended up taking a guilty plea on charges of reckless endangerment-DUI, with a recommendation

that the court sentence her to six years in prison instead of the 10-13 years she might otherwise have faced.
The justice system isn’t taking any chances with Ferdigan this time; the court denied her bail request. This incident could also influence the judge, who may—but does not have to—follow the sentencing recommendations in her plea deal.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

October 12, 2015

DUI Drivers Who Demand Attention – Setting Off Fireworks Is Not a Way to Lay Low

by Michael Kraut

Intoxicated drivers trying to avoid charges of DUI in Los Angeles should always try to avoid calling attention to themselves. If they attract the eye of a police officer, a pedestrian or another driver, they may find themselves spending several hours in jail. One man in California and two men in Delaware learned this lesson the hard way.

In San Manteo County, California, 25-year-old Daniel Moran probably couldn’t have found a better way of getting the police to come to him. When he set off fireworks around quarter to four in the morning of October 3rd, neighbors complained to authorities because they thought someone was shooting a gun. When sheriff’s deputies arrived they found that Moran didn’t have a gun, just fireworks. But they claimed he was intoxicated and driving under the influence and charged him accordingly.

In Newark, Delaware, police officers found 57-year-old John R. Owens passed out in a school bus parking lot. Owens had driven his Dodge Caliber into the parking lot of the First Student Transportation bus yard and hit one bus before exiting the yard. Apparently not satisfied with this first attempt, he drove back into the yard, hit a fence, and promptly passed out. Although Owens wasn’t injured in the crash, emergency medical personnel had to remove him from the car. They then transported him to the hospital to get checked out.

Getting arrested for DUI appears to be a habit for Owens; it was the seventh time he’s been up on these charges.

Meanwhile, in the southern part of the state, Samuel E. Pu Tzoy hit a Jeep Cherokee—causing it to flip several times—before crashing into the rear of a Lewes Police Department vehicle. Pu Tzoy got a great deal of attention thanks to this accident, and he now faces a great many charges. They include vehicular assault, driving under the influence of alcohol, leaving the scene of a collision resulting in injury, failure to stop at a stop sign, driving without a valid license, disregarding a police officer’s signal, reckless driving and other traffic offenses.

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.

October 7, 2015

Déjà Vu for Chicago-Area DUI Arrest

by Michael Kraut

Police officers who constantly have to arrest people for a Los Angeles DUI probably experience a sense of déjà vu each time they stop someone suspected of a DUI. Or maybe they feel trapped in an endless loop that keeps repeating (like Bill Murray in the movie Groundhog Day). But a suburban Chicago police officer arresting a certain DUI driver in mid-September had a good reason for getting that done-it-all-before feeling.

According to a local CBS station, the unnamed Riverside police officer had been sitting at a traffic light on September 19 at around three in the morning, when a car driven by 22-year-old Angel Calleros swerved towards him. That got the officer’s attention, and he pursued Callero’s vehicle, which was traveling 50 mph in a 30 mph zone and swerving between traffic lanes.

The officer pulled Calleros over on Harlem Avenue–and realized that he had arrested the same man, on the same street, on the same charge, just two weeks before. There were some differences in the experiences, however. For one thing, Calleros refused field sobriety tests at the time of his first arrest, and he agreed to them the second time. (Not that it did him any good–he reportedly failed all six.) In addition, the first time Calleros had been traveling 48 mph in a 35 mph zone. Police also found open liquor bottles (Jack Daniels and tequila) at the time of the first arrest.

Meanwhile, Calleros may have had his own déjà vu experience. Police arrested him for DUI (again), two counts of improper lane usage and speeding.

Unfortunately, multiple DUI arrests aren’t a rarity–online news sources carry many accounts of police charging drivers previously arrested on DUI counts for second and third incidents of driving under the influence.

To understand what to do to fight back against your charges, call Los Angeles DUI defense lawyer, Michael Kraut of Kraut Criminal & DUI Lawyers. As a former (and highly successful) Deputy District Attorney, Mr. Kraut has fought on behalf of defendants like you for nearly 20 years.

October 5, 2015

Five Times the Legal Limit for DUI Driver (a Police Officer): What Happens Next?

by Michael Kraut

Police officers see all kinds of BAC numbers when they arrest people for DUI in Los Angeles. But officers don’t often come across a person whose BAC measures five times the legal limit–especially when the driver turns out to be another policeman.
Newspaper accounts say that Officer John Finley of the New York Police Department is lucky to be alive after an accident in which alcohol contributed. Back on August 8th, Finley slammed into a guardrail on the West Shore Expressway on Staten Island. He suffered head injuries, but they weren’t life-threatening. He was even conscious enough to talk, although witnesses reported that Finley—perhaps unsurprisingly, given his charges–slurred his words.

John Finley From: https://www.facebook.com/search/str/John%20Finley%20nypd/keywords_top

The police officers who worked the scene deferred DUI charges against Finley pending a review of his blood alcohol content levels. While they must have suspected something out of the ordinary, they probably didn’t expect that Finley’s BAC would measure at 0.43–more than five times the legal limit for driving. According to the New York Post, a 200-pound man would have to drink 23 beers (or the equivalent in other types of alcoholic beverages) in two hours to achieve that high a BAC score.

Just how impaired was Finley? The National Institute on Alcohol Abuse and Alcoholism has a chart on its website listing the different effects of various levels of alcohol in the bloodstream. In the range of 0.31 to 0.45 percent the impairments include loss of consciousness, danger of life-threatening alcohol poisoning and significant risk of death in most drinkers due to the suppression of vital life functions. In other words–Finley was fortunate not only to have survived his encounter with a guardrail but also to be alive at all.

Police eventually arrested Finley, a 25-year veteran on the force, on a charge of aggravated DUI.

If you need to develop a sound, systematic defense to a Los Angeles DUI charge, call experienced Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers.

September 23, 2015

Police Learn to Distinguish Other Types of DUI

by Michael Kraut

Although the majority of cases of DUI in Los Angeles involve excessive alcohol consumption, police in California and other states are seeing more and more DUI incidents caused by illegal and/or prescription drugs.

The Los Angeles Police Department has been a pioneer in training officers to distinguish these types of DUI cases. In the 1970s, two LAPD sergeants worked with medical doctors, research psychologists and other medical professionals to develop a simple, standardized procedure for recognizing drug influence and impairment. Their work resulted in a Drug Evaluation and Classification Program (DECP), which jurisdictions throughout the U.S., Canada and the United Kingdom now employ for training.

Connecticut held its first DECP training in 2011. More recently, the state’s drug recognition experts (DRE) conducted a training class in Manchester. According to the Hartford Courant, the course included 16-hours of initial training, a 56-hour drug recognition school and a 40-60 hour certification process.

The officers had to study the seven categories of drugs and the signature symptoms that users of each type display. The categories include narcotic analgesics (heroin and painkillers); depressants (alcohol and benzos); stimulants (cocaine and meth); inhalants (aerosols and solvents); hallucinogens (peyote and LSD); cannabis (marijuana and hashish); and dissociative anesthetics (PCP).
Police officers who took the course learned how medical equipment such as a blood pressure meter, oral thermometer, a pupilometer (which measures the pupil’s response to visual stimuli) and a stethoscope can help them identify which drugs a suspected DUI driver might have used.

There’s a real need for such programs. A study from the National Highway Transportation Safety Administration showed an increasing number of nighttime weekend drivers will illegal drugs in their systems, rising from 16.3 percent of drivers in 2007 to 20 percent in 2013-2014.

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.

September 16, 2015

Drivers Attempt to Evade DUI Charges

by Michael Kraut

When it comes to DUI arrests, many drivers would like to avoid the consequences of their actions. Facing charges of DUI in Los Angeles, they may try to flee the scene (usually unsuccessfully) or find some alternate explanation for a crash.

Take the case of a 38-year-old, who lives in Kodiak, Alaska. He called police on a Sunday evening not long ago to report that thieves had taken his car. But just about that time, police officers also received a report of a vehicle hitting a power pole. Not so coincidentally, the accident took place on the street where he lived.

The police concluded that his Ford pickup hadn’t been stolen and determined that the driver himself had made up the story after crashing the vehicle. The police ended up charging the driver with DUI, making a false report and failure to notify police immediately after an accident.

But not everyone tries to lie their way out of a DUI. An unidentified man in Allegan County, Michigan, took one look at police trying to pull him over and decided not to stick around to talk with them. He sped off along a local highway, eventually making a sharp turn into a parking lot. Once there, he refused to get out of his vehicle.

As officers were trying to pry him loose from the car, they noticed open containers of alcohol in the vehicle. They measured the man’s blood alcohol content and discovered it was .22, almost three times the legal limit for driving, which is .08 percent. So the unknown motorist ended up in jail, charged with DUI. Because his BAC was so high, he fits Michigan’s “super drunk” criteria, meaning he could face harsher penalties if convicted.

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.

September 14, 2015

DUI Driver Appeared Threatening Even While Asleep

by Michael Kraut

Pulling over and taking a nap instead of operating a vehicle might appear to be a good way to avoid charges of DUI in Los Angeles. But people who decide to try this approach might want to double check what else is in the car before they close their eyes for some restorative sleep.

A driver from Colorado Springs, Colorado, will likely remember that precaution if he ever again gets the urge to take a nap after imbibing alcohol. The driver actually made several mistakes. He pulled into the parking lot of a youth sports complex early one Saturday morning in September but failed to turn off the motor of his truck. That attracted the attention of a nearby resident, who became concerned after the truck remained parked with the engine running for more than 90 minutes. When she peeped inside the window, she saw the man passed out with a can of beer between his legs and a gun (later identified by police as a nine-millimeter handgun) by his side. She alerted police, who rushed to the scene.

The driver is obviously a heavy sleeper. TV station KOAA 5 reported that police initially tried to wake him using a public address and their sirens. When that didn’t work, they ended up pulling him out of the car, using shields to protect themselves. They charged him with DUI and prohibited use of weapons.

At least Timothy J. Seeden of Lisle Village, Illinois, didn’t have a gun or an open alcohol container when police caught him napping. They found the Lisle village clerk, who is also a Boy Scout official, sound asleep in his car on a roadway. Police officers said he smelled like alcohol and admitted he had been drinking. Seeden, who has two DUI convictions dating back to the mid-1980s, will face new charges of DUI and driving without insurance.

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.

September 7, 2015

Manhattan DUI Driver Was No Real Friend

by Michael Kraut

You may remember the old public service campaign from the Ad Council that stated “Friends Don’t Let Friends Drive Drunk.” A recent story from the Hamptons–the New York playground of the rich and famous–suggests an addendum to that saying: “Friends don’t drive off leaving friends lying in the road after a DUI accident.” That’s not something that cops see every day, no matter how many Los Angeles DUI incidents they handle.

The purported friends in this case were 42-year old Manhattan real estate developer Sean Ludwick and 53-year-old real estate agent Paul Hansen. Ludwig was driving his Porsche around on 2 a.m. Sunday, August 30th, with Hansen a passenger in the car. Ludwick crashed the vehicle into a utility pole in Sag Harbor, on a corner not far from the front of Hansen’s family home. The accident ejected Hansen from the car, but instead of staying to assist him (and face police), Ludwig allegedly took off, leaving Hansen’s body in the road.

(It couldn’t have been an easy trip; according to the New York Post, the Porsche had two flat tires and other damages.)
The police caught up with Ludwick about a quarter mile away. They retraced his route and found the accident scene and Hansen’s body.

Police arrested Ludwig and charged him with DWI and leaving the scene of an accident. His bond, initially set at $500,000, is now $1 million since prosecutors have argued that he could be a flight risk. Ludwig may eventually face charges of vehicular homicide.

Ludwig has had problems with the law before. Earlier this year, he pled guilty to assault and battery charges for hitting his girlfriend and for destruction of property for ripping her phone out of the wall. He broke into another ex-girlfriend’s apartment and destroyed artwork he had painted for her.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

August 31, 2015

Identifying the Trigger that Sparked the Decision That Landed You with a Los Angeles DUI Arrest

by Michael Kraut

As you ruminate about your recent Los Angeles DUI arrest, you might be tempted to “beat yourself up” or get angry with the police who stopped you. But in the interest of being constructive – you want to solve your current problems and prevent future ones as opposed to just wringing your hands – consider doing this following exercise.

First of all, identify the moment in time where you made the mistake that landed you in hot water.

Even if you believe that the police stopped you in error and that you “did nothing wrong,” replay the events of the day or evening. Aim to figure out what, if anything, you could have done better. For instance, maybe you made an impulsive decision to drive home instead of taking an Uber. Maybe you had a fourth glass of wine because everyone else was drinking, too. Try to get as specific as possible, and then write that moment down.

Next, try to figure out what triggered that mistake.

Perhaps, for instance, you wanted to drive your car instead of taking an Uber because you didn’t want to face the inconvenience of having to take a cab to work the next day. Perhaps you had the fourth glass of wine because you really wanted to fit in.

Finally, fix the root cause of your behavior, so you won’t get in trouble again.

For instance, if you didn’t call Uber because of the inconvenience; the next time you go out, plan ahead before you party.

To respond effectively to your charges, call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

August 21, 2015

After Your Los Angeles DUI: The Biggest Hangover of Your Life?

by Michael Kraut

Whether police arrested you for a Los Angeles DUI after you veered across three lanes on the 101 on early Saturday morning, after partying hard with WB execs, or you lost your composure (and your balance) at a DUI check point, you’re still reeling from what happened and confused about how to proceed.

In the past, our blog has spilled a lot of virtual ink re: the actual laws involved in DUI arrests (e.g. California Vehicle Code sections 23152 and 23153), discussed common misconceptions about breathalyzer tests and blood tests, and examined the Constitutionality of certain police actions.

However, the tactical nuts and bolts of DUI defense don’t mean as much if you don’t take effective action. In less than a week and a half after your stop, if you do nothing, you could lose your license automatically for an extended period of time. This in turn could make it nearly impossible for you to get to work or school, drive your kids to daycare, and so forth.

Plus, the more time that goes by after your arrest without your taking action, the more challenging it will be to collect evidence that might exonerate you or show that the police engaged in misconduct or inappropriate testing.

So why don’t people automatically “get into gear” after a stop? The answer may have to do with the psychology of regret.

When we engage in activities that we later realize were outside of our values, our minds struggle to process those events and square them with our internal narratives. For instance, if you consider yourself a “law abiding citizen,” but then you get busted for swearing at a police officer and hitting three parked cars on Highland Avenue, your brain must somehow figure out how a “law abiding citizen” ended up in so much trouble.

One response is to pretend that the DUI didn’t happen. This reaction can be psychologically useful, but it can also torpedo your chances for freedom. If you’ve been lulled into inaction after your stop, now is the time to act. Contact a qualified Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers to set up your free consultation.