Los Angeles DUI Attorney Blog

July 5, 2016

Man Loses Legs in DUI Collision

All too often drivers arrested for DUI in Los Angeles may come away from a crash unscathed while some innocent bystander suffers life-threatening or life-changing injuries. The latest out-of-state example comes from Denver, where a 19-year old under the influence of drugs crushed the legs of a man in a DUI-related crash.

Denver Channel 7 reported that 19-year old Dylan Gottschling was driving under the influence of two drugs—heroin and Xanax—when he slammed into the back of a parked SUV on July 4th. The SUV, pushed forward, struck another vehicle; unfortunately, Craig Towler had been standing between them.

The crash pinned Towler and crushed his two legs. To save his life, physicians had to amputate both legs below the knee.

Gottschling, arrested for DUI, reckless driving and vehicular assault, admitted he had been trying to change music on his phone when he hit the SUV. But police think there was more involved; they also charged the teen with texting while driving.

June 28, 2016

Riding Under the Influence Okay In Kansas

by Michael Kraut

Drivers who lose their licenses after a conviction for DUI in Los Angeles have several alternative forms of transportation they can use to get around. But if they’ve been drinking to the point of intoxication, one choice they don’t want to make is getting on a bicycle. Under California Vehicle Code 21200.5, riding a bicycle under the influence of alcohol or drugs is a misdemeanor; while the maximum fine ($250) is a lot lower than it is for driving a motor vehicle under the influence, anyone arrested for this offense may still lose their driver’s license.

But the State of Kansas doesn’t take the same dim view of riding a bicycle while intoxicated. A recent story in the Wichita Eagle noted that under state law, devices moved by human power aren’t considered vehicles, so the laws on DUI don’t apply. In the City of Wichita, however, ordinances do define bicycles as vehicles, so the city’s DUI laws do apply. Operating a bicycle under the influence of drugs or alcohol in Wichita can get you two days in jail or 100 hours of community service plus fines ranging from $750 to $1,000 for a first offense.

June 28, 2016

Study Confirms Uber Reduces DUI Arrests

by Michael Kraut

Could more widespread use of Uber cut the number of arrests for DUIs in Los Angeles and reduce injuries due to DUI accidents as well? Two university researchers have conducted extensive research suggesting that it has had that effect in dozens of jurisdictions in the U.S.

According to the Federalist, Angela Dills from Providence College and Sean Mullholland from Stonehill College looked at the impact Uber had made on 150 cities and counties over a three-year period. They found that when Uber enters an area, the rates of DUI arrests and traffic fatalities go down. So, too, do the arrest rates for assault and disorderly conduct.

The authors also found that Uber continues to have a positive effect even after its initial introduction: “For each additional year of operation, Uber’s continued presence is associated with a 16.6 percent decline in vehicular fatalities.”

June 27, 2016

Georgia Supreme Court Rules DUI Arrest Unlawful

by Michael Kraut

Is an arrest for a DUI in Los Angeles valid if the arresting officer happens to be from San Francisco? If the California Supreme Court had the same reaction as the Supreme Court in Georgia, the accused DUI driver would go free.
According to 41 NBC in Macon, the Georgia Supreme Court ruled on June 20th that police officers in that state can’t make arrests outside of their jurisdictions. The case that prompted that decision involved the arrest of Bajrodin Silke for DUI by Officer Decari Mason, a Kennewa State University police officer who was POST (Peace Officer Standards and Training Council) certified.

Back Row L-R David Nahmias, Robert Benham, Carol Hunstein, Keith Blackwell and Harold Melton. Front Row L-R Presiding Justice Harris Hines and Chief Justice Hugh Thompson. Handout Photo 7-14-2014

Mason was on his way back to the University on May 5, 2013, but 10 miles off campus when he noticed Zilke was swerving in and out of his lane and driving without lights. He pulled Zilke over and noticed that the young man smelled of alcohol, had bloodshot eyes and was unsteady on his feet. Zilke, who said he had drunk two beers, blew into a breathalyzer which registered .08, which is just at the state limit for DUI. Mason charged him with two counts of DUI and operating a vehicle without lights.

June 20, 2016

Police Expect DUI Rise with Marijuana Edibles: How Steep Will the Spike Get?

by Michael Kraut

Advocates for legalizing marijuana in California seem to be gaining supporters, and state voters are likely to see an initiative to change the state’s current ban on the November ballot. If the measure passes, police officers in California are going to have to find a better way to determine whether a driver is guilty of DUI in Los Angeles.

Oregon passed laws permitting the recreational use of marijuana in 2015, the state only recently okayed the sale of marijuana edibles. Police in Salem, Oregon, stepped up their DUI patrols over the first weekend in June, when stores started selling marijuana brownies and other delicacies containing THC.

June 15, 2016

DUI Drivers Injure Workers on Road Construction Sites: An Unnerving Survey

by Michael Kraut

Road construction workers have fairly terrifying jobs. They not only operate and move around heavy equipment weighing 10 tons or more (often much more); they also must work while vehicles just a few feet away hurtle past them at 50 and 60 miles per hour. Add to that mix a driver who’s operating a vehicle under the influence of drugs or alcohol—enough to qualify him/her for a DUI in Los Angeles—and you’ve made a difficult situation even more dangerous.

According to New Orleans’ Times-Picayune, Earl William Maugham, Jr., caused serious injuries to four people at a construction site on US 61 in St. Charles Parish, Louisiana. He first sideswiped an unoccupied Ford Truck, which he should have noticed, since it was flashing white and amber strobe lights marking the work zone. Then he slammed into a John Deere backhoe. The backhoe driver wasn’t injured, but Maugham continued on, jumping two raised center median curbs and eventually hitting four workers. Emergency workers took them to the hospital with moderate to severe injuries.
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June 13, 2016

DUI Arrest In Okinawa Leads to U.S. Military Drinking Ban

by Michael Kraut

The arrest of one person for DUI in Los Angeles usually affects several people: the driver, his/her family and his/her coworkers (if the driver ends up spending time in jail). If the driver causes injury or death, the victim’s family also feels the pain. But a single DUI arrest generally does not impact the entire city or state.

On the island of Okinawa, Japan, however, an American sailor’s arrest is having a very large effect on the 19,000 U.S. military personnel stationed there. According to the New York Times, Japanese police are holding Petty Officer Aimee Mejia, age 21, on suspicion of driving while intoxicated. Mejia allegedly crossed the center line of a highway on the island and struck two other vehicles, hurting a 35-year-old woman and a 30-year-old man.

As a result of the DUI incident, which occurred on June 4th, the U.S. military brass have banned all drinking for its service members in Japan and have confined those on Okinawa to base.

June 10, 2016

Crazy Strange DUI Cases Making Headlines

by Michael Kraut

Celebrity arrests for DUI in Los Angeles attract a great deal of attention, but they are not the only DUI-related incidents making the news. Here’s what’s happening in other areas of the country.

• In Lancaster, Pennsylvania, a judge ordered Thomas Candler Felts, 25, to serve from 30 days to six months in jail after he pleaded guilty to providing alcohol to a group of Amish teenagers. According to Fox 43 News, Felts had pulled into a parking lot of a convenience store next to the young men, who were riding in a horse-drawn buggy. He talked to them about “Rumspringa,” which is the time when Amish adolescents have more freedom to explore the world outside the Amish culture.

The buggy left the parking lot and traveled down a road, but Felts eventually passed them yelling “Rumspringa.” He then stopped his car abruptly, causing the buggy to crash into his vehicle’s rear. Police called to the scene measured Felts’ BAC at .126.
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June 8, 2016

California Legislators Consider DUI Legislation Related to Interlock Ignition Devices (IIDs)

by Michael Kraut

The Golden State already has many laws dealing with DUI in Los Angeles and its other cities. But state legislators are often looking for ways to refine those statutes with the goal of reducing the number of DUI incidents even further.

For the past several years, Los Angeles, Alameda, Tulare and Sacramento counties have required anyone convicted of a DUI—even first time offenders—to install an ignition interlock device (IID) on their vehicles. According to a study released in December 2015 by Mothers Against Drunk Driving, interlocks prevented 1,900 DUI driving incidents per month in California.

Many legislators want to extend the IID requirement to the entire state, and they are halfway towards achieving that goal. On May 31st, the Senate unanimously passed SB 1046, which requires anyone convicted of DUI in California to install the IID. That bill now goes to the California Assembly, and MADD has promised to lobby for it extensively.

June 6, 2016

Terrifying Highway Encounter: Unlicensed DUI Teen Leads Police on High Speed Chase

by Michael Kraut

A growing number of drivers charged with DUI in Los Angeles and throughout California have been accused of operating under the influence of some drug other than alcohol. In one recent case in Los Banos, California, police arrested a young driver and charged him with operating under the influence of marijuana.

On Friday, May 28th, Los Banos police officers investigating a crash on Dove Street at Highway 165 called on the California Highway Patrol for assistance. According to the Merced Sun Star, a Los Banos officer had pulled over a 1998 Ford Windstar after he saw it swerving on the road. The driver did pull over and opened the sliding door of the vehicle, but then took off at high speed. The officer, who said the vehicle smelled strongly of pot, pursued the vehicle for a short distance, but it drove into an irrigation ditch and hit a dirt embankment.