Los Angeles DUI Attorney Blog

August 21, 2016

California: Good State to Get a DUI?

While it’s probably little consolation to someone convicted of a DUI in Los Angeles, California is apparently far down on the list when it comes to states with the strictest DUI enforcement.

WalletHub, a personal finance website, looked at several factors in each state’s DUI laws to identify the strictest and most lenient states for DUI offenses. The factors included minimum jail times for convictions, minimum fines and the look-back period for previous DUIs.

WalletHub identified Arizona as the toughest state when it came to criminal penalties for DUI. The other states rounding out the top 10 included Georgia, Alaska, Oklahoma, Nebraska, Kansas, Texas, Connecticut, West Virginia and Utah. Maryland was the most lenient state; others (in ascending order) included Mississippi, Maine, Arkansas (tied), Pennsylvania, Wisconsin, New Jersey, North Dakota, South Dakota and Michigan.

California ranked right in the middle at number 23 on the list.

August 17, 2016

DUI Driver: It’s Jerry Springer’s Fault

by Michael Kraut

When police come upon an accident involving a DUI in Los Angeles, they may sometimes find that all the vehicle’s occupants have exited the car. That scenario can make it more difficult for the officers to figure out who was actually driving at the time of the crash. Thinking to confuse police (or maybe because they are confused themselves), the car’s occupants claim that someone else was behind the wheel.

But when Bernard Michael Drivdahl of Benson, Minnesota, stated that another driver was responsible for the destruction his car left behind, the police were pretty sure they could discount his story. For one thing, the 59-year-old Drivdahl was apparently alone when they picked him up. In addition, Drivdahl said that the person driving the vehicle was Jerry Springer.

TwinCities.com reports that on May 29th, an officer who suspected Drivdahl of driving under the influence began chasing his vehicle through the town. Speeds reached 70 miles per hour during the pursuit. Drivdahl eventually drove through several front lawns, crashed into a parked pickup and then hit not one but two homes. The damage could have been worse, however; the car broke a gas line in one home.
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August 8, 2016

A Natural Way to Discourage DUIs?

by Michael Kraut

Police officers, prosecutors and judges can get discouraged when they’re trying to reduce the number of DUIs in Los Angeles. Some people never seem to get the message about the dangers they pose to themselves and other people.

But Noah Elkins of Laurel County, Kentucky, had the message about the dangers of DUI driving brought home in a stinging way—literally. On Tuesday, July 26th, Elkins and a passenger, 35-year-old Priscilla Simpson, were driving around looking for a place to swim and cool off. Since they were reportedly under the influence of several drugs, including Suboxone, neurotin and Klonopin, Elkins apparently had trouble controlling the car. The vehicle crashed into an electric pole, which fell over and took out a beehive.

The swarm of bees was not happy about the disruption to their day. According to TV station WKYT, they went after Elkins and Simpson (who was wearing a bikini bathing suit at the time). A local resident, Gary Lee Anderson, saw them running up his driveway, where they grabbed the hose and tried to spray water on themselves to get the bees off of them.
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August 6, 2016

Drivers Using Pokémon Go As DUI Excuse

by Michael Kraut

Police who arrest drivers arrested for DUIs in Los Angeles sometimes observe the motorist engaging in additional risky behaviors behind the wheel: talking on a cell phone or texting, for example. Now you can add another item to the list of dangerous distractions: Pokémon Go.

A young driver in Port Orchard, Washington, was apparently drinking, driving and playing Pokémon Go on the evening of Saturday, August 6th. Witnesses called police when they observed her driving erratically while using her mobile phone.

The officers tracked the unnamed driver to a nearby waterfront park (a favorite spot for Pokémon Go players). When they questioned her, they found she was underage and under the influence, and she was driving on a suspended license. They arrested her on both charges.

August 4, 2016

DUI Driver Misses Chance for Chicken Dinner

by Michael Kraut

The properties damaged by DUIs in Los Angeles can include everything from vehicles to homes to businesses and retail establishments. Sometimes a DUI driver will take out a neighborhood landmark, destroying a bar or a restaurant that’s a favorite with locals.

Residents and regular visitors to Dewey Beach, Delaware, are mourning the destruction of Ed’s Chicken and Crabs by a DUI driver. A 2013 Mini Cooper driven by Michelle Small, 36, of Wyoming, Delaware, slammed into the popular summer take out restaurant, hitting a propane gas tank and igniting a fire that soon engulfed the building.

A video camera on a nearby building recorded the entire incident, which occurred around 2 a.m. The video shows Small’s vehicle traveling southbound at a high rate of speed along Route 1 (the Coastal Highway). The car crosses over the median strip, goes about a half block the wrong way in the north lanes and then crashes into the restaurant. Continue reading

July 29, 2016

DUI Driver Shuts Down BART Service

by Michael Kraut

Accidents involving drivers DUI in Los Angeles can snarl highways and city streets, resulting in backups that prevent motorists from reaching their destinations for hours. Involve a mass transit system like BART in a DUI crash, and the potential for transportation headaches gets even larger.

Opara Maurice Green crashed through a crossing gate and ended up running his 2006 Toyota truck onto BART’s tracks in West Oakland around 7:40 p.m. on Wednesday, July 20th. Green was lucky; the operator of a San Francisco-bound BART train was able to stop before hitting the truck. (Fortunately, no passengers suffered injuries in the unscheduled rapid stop.)

July 27, 2016

Golf Cart DUI Results in Death

by Michael Kraut

When the media reports on a death involving a Los Angeles DUI, the victim is usually a pedestrian or the driver or passenger in one of the vehicles that crashed. But deadly DUIs can also result from incidents involving much smaller, off-the-road vehicles.

Police in Gallatin, Tennessee, charged Lori Doyle, 55, with vehicular assault and DUI first offense after her husband fell off a golf cart and hit his head at the Foxland Harbor golf course. Although emergency responders took Doyle to the hospital, he died two days later.

The officers reported that they saw three open beer cans in the golf cart and one on the roof. Investigations are continuing, and Doyle could face additional charges.

July 25, 2016

Bad Parking Job Leads to DUI Arrest

by Michael Kraut

When police officers are out on patrol looking for drivers who might be DUI in Los Angeles, they watch for vehicles weaving in and out of traffic, veering over the center line and blowing through stop signs and other traffic signals.
In Sommers, Connecticut, however, it was a poor parking job that gave an intoxicated driver away. A passing motorist noticed that the car driven by 56-year-old Brian Benoit of Hampden, Massachusetts, was parked perpendicular to the side of the road. Fearing there had been a crash, the motorist called police. Police found Benoit unhurt but in no condition to pass the field sobriety test that they administered. They charged him with DUI.

Law enforcement officials in South Burlington, Vermont, would probably have preferred finding an oddly parked car to what they did discover when they answered a report of suspicious activity on a Wednesday afternoon in mid-July. They found 58-year-old William Harman sitting nude inside his parked car. Harman may not have even been aware that his clothing had somehow disappeared; his blood alcohol content measured .235, almost triple the legal limit. Police charged him with DUI as well.

July 20, 2016

DUI Firefighter Will Cost City $5 Million

by Michael Kraut

Courts don’t hold a city responsible when an off-duty employee drinks too much and faces charges of DUI. But if that city employee is DUI in Los Angeles when on the job, the result could be costly for his/her employer.

One recent example comes from San Francisco. The City is about to approve a $5 million settlement in the case of firefighter Michael Quinn. In June 2013, Quinn was driving a fire truck in the city’s South of Market district when he collided with motorcyclist Jack Frazier. The crash, which left Frazier with serious injuries, took place around 11:30 p.m.

TV station KRON 4 reports that police arrested Quinn on suspicion of DUI and on leaving the scene of the crash. The grand jury indicted him almost nine months later on three felony counts of driving under the influence causing injury, driving with a BAC of 0.08 percent or higher causing injury and driving a commercial motor vehicle with a BAC of .04 percent or higher causing injury.

In March 2015, a judge ruled that the BAC evidence against Quinn was inadmissible because the fire department’s breathalyzer used by to measure Quinn’s BAC was not calibrated to police standards. Prosecutors are still pursuing the case against him, however.

July 20, 2016

Spokane Prosecutor Gets Tough on DUI Drivers

by Michael Kraut

In 2014, 9,967 people in the U.S. lost their lives in DUI-related crashes. Of that number, 882 deaths occurred in California, with some of those due to Los Angeles DUIs. But these figures don’t reflect the number of people whose lives are affected by DUI drivers, the victims’ families and friends as well as those injured in crashes involving alcohol or drugs.

Larry Haskell, the prosecutor in Spokane, Washington, has had enough. He recently announced changes to the DUI guidelines in his county that will make it tougher for drivers accused of driving under the influence to escape punishment. The changes are an attempt to reverse the rising number of DUIs, vehicular homicides and vehicular assaults in the county; to date, there have been 729 DUI arrests in the county this year, 323 more than at the same time in 2015.

Haskell also noted that over the Fourth of July holiday, police arrested 30 people for DUIs, and almost half (13) had previous DUI convictions.