Los Angeles DUI Attorney Blog

September 7, 2015

DUI-Related Accidents Take Grisly Toll – Harrowing Statistics and Stories

According to the U.S. Centers for Disease Controls, almost 30 people the U.S. die every day due to crashes that involve alcohol-impaired drivers. That works out to one death every 51 minutes. If you narrow the statistics down to cases of DUI in Los Angeles and other areas of California, 29 percent of the state’s 867 fatal car crashes in 2013 involved a DUI driver.

Online news sources carry reports of deadly DUI accidents every day. They serve as a sad reminder of the real cost of people driving while intoxicated:

• A woman in Queens, New York, lost her entire family in a crash on August 23rd. As Lucie Bouaz-Ostane watched in horror, her husband, eight-year-old son and four-year-old daughter died when fire engulfed their vehicle. Bouaz-Ostane had freed herself but wasn’t able to rescue any of her family members. Oniel Sharpe, a 24-year-old man, had rear-ended their car and then sped away from the scene.

• In San Diego, Antony Schoenele, age 20, had drunk alcohol, smoked marijuana and consumed cocaine before getting behind the wheel. Guadalupe Amado and Lizette Garcia, both in their early 20s, were passengers. Schoenele ended up driving off Friars Road near the Pacific Highway overpass, struck a curb and went airborne. His vehicle hit a pillar and caught fire; then Schoenele climbed over one of his passengers to escape. Prosecutors charged him with gross vehicular manslaughter and held his arraignment hearing at his hospital bed in UC San Diego Medical Center.

• In Western Pennsylvania, firefighter Mathew Poston admitted to drinking four or five beers and at least one tequila shot before driving off with his colleague, 33-year-old Gary Moore. The two never made it to their destination, because Poston stuck a guard rale and a utility pole. Moore, an 18-year veteran of the Yukon Fire Department, died at the accident scene.

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.

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 26, 2015

How to Break the News of Your Los Angeles DUI to Your Boss [5 Strategies]

by Michael Kraut

Perhaps even more scary than contemplating going to jail for your recent Los Angeles DUI charge or facing the prospect of walking two miles to and from Trader Joe’s to get your groceries every week for the next year is the specter of having to confess the DUI to your boss.

It’s no secret that the cost of living in Los Angeles is crazy high (although, fortunately, not as wild as the cost of living in cities like New York and San Francisco). Moral is: you need a solid income stream to support your family and larger ambitions.

So you don’t want to lose your job – particularly for a momentary lapse of judgment that you had outside of work. However, if your employer does learn about the DUI – in particular, learns about it in the wrong way – you could face seriou repercussions at work. Here are some tips for how to move forward.

1. Before you chat about your case with other people (including your boss as well as friends and family members), get insight from an experienced Los Angeles DUI defense attorney.

Your attorney help you figure out how to break the news and get the ball rolling on an accurate and sound defense strategy.

2. Don’t beat around the bush.

Stick to the facts when you have the conversation – assuming your attorney says it’s wise to do so – and avoid getting into emotions or embellishment. Just say what happened, say what you are doing now, and be business-like about it.

3. Avoid letting your boss find out about the arrest from a co-worker or from the news, if possible.

4. Be empathetic to the boss’s response.

Depending on your relationship and what happened during your DUI, your boss may get extremely angry or sad or some other reaction. Avoid taking her reaction personally. Try to understand what’s going on in her head and heart. For instance, perhaps she is disappointed, because she’s just worried that you may lose your license and thus not be able to get to work on time. Perhaps this news raises trust issues with her. Reflect these concerns without admitting anything on your part. Be a mirror.

5. Learn appropriate lessons, and make a constructive plan going forward.

For instance, let’s say that your license suspension prevents you from going to work easily – or delays you an hour a day. So be it. Work with your employer and colleagues to develop a work around as you manage the license suspension.

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 24, 2015

3 Reasons Why the Hot Summer Months Compound the Dangers of Driving DUI in Los Angeles

by Michael Kraut

Driving DUI in Los Angeles can result in a veritable smorgasbord of problems — legal, personal, financial and even emotional. These might include license suspension, forced installation of an interlock ignition device in your car, jail time, rising insurance costs, loss of employment (because you no longer have a car to drive to work), feelings of depression and doubt, legal and court fees, and so forth.

The hot and sultry months of summer in Southern California can actually exacerbate both the dangers of driving DUI and the after effects of an arrest. Here are 3 reasons why:

1. Commuting without air conditioning in the summer can drain your energy and put you at health risks.

Traveling in an un-air-conditioned vehicle (or going by foot or by bicycle) can expose you to the elements, which can be quite uncomfortable on days when it crests 100 in the Valley and can put vulnerable individuals at risk for dehydration and heat stroke.

2. During the summer, more kids are out of school; thus, more party-going teens are driving on freeways and surface streets.

Obviously, it’s dangerous to drive DUI. But it’s even *more* risky to do so when other drivers on the road are also engaging in wild behaviors or activities. For instance, it’s safer to be the only crazy car on a road full of defensive, sober, attentive drivers than it is to drive DUI on a road filled with kids on summer vacation who are on their phones and drinking and doing who else knows what else.

3. The long days of summer can trick you in thinking that you are not as tired as you actually are.

In Los Angeles, the difference in the length of days between summer and winter is not as severe as it is in more northern latitudes. However, the lengthy days can lead us to feel alert when we are really actually pretty exhausted. If the sun is still beaming at us at 7:30 at night, we might subconsciously think “it’s day time,” even though our bodies are exhausted. Unrecognized fatigue can compound the dangers of DUI driving plus increase risk of things like accidents and bad judgment after a stop.

Do you need help defending against a serious charge? Call a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately.

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.

August 19, 2015

DUI Is Least of Naked Driver’s Problems

by Michael Kraut

Excessive drinking can reduce inhibitions, so when police officers pick someone up for a Los Angeles DUI, they probably aren’t too surprised if they find the suspect has shed a few items of clothing along the way. But police officers in Waukesha, Wisconsin, were startled when they finally caught up with a DUI suspect after a high-speed chase and found that he had taken everything off.
According to TV station Fox 6, Leif Erickson crashed through a chain link fence enclosing a parking lot on the night of August 11th. Unfortunately for him, two police officers had parked their squad cars on the lot, and Erickson hit one of them. The 21-year-old Erickson ignored the officers’ commands to stop, backed out of the fence and took off, hitting speeds up 70 mph. He ran stop signs and hit curbs repeatedly as he attempted to evade police.

Erickson did brake hard for one stoplight, which sent his vehicle into a 180-degree spin. An officer attempted to stop him, but Erickson accelerated towards him and his squad car. The chase continued, this time reaching speeds up to 90 mph, before Erickson took a turn too fast, flipped the car and went airborne. He managed to climb out of his car, however, and that’s when the police discovered he was nude. They managed to subdue him after shooting him with a bean bag round (instead of deadlier bullets).

Police charged Erickson with a first offense of operating while intoxicated, since he admitted to them he had taken two hits of acid a few hours before. But he’s also looking at more serious charges. They include three felony counts of reckless endangerment, one count of hit and run causing injury, one count of fleeing and eluding and one count of felony heroin possession.

Yikes.

As a frequent contributor to respected media, like The New York Times, The Los Angeles Times and Good Morning America, Los Angeles DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

August 17, 2015

Loophole Allows House Arrest For Repeat DUI Offender

by Michael Kraut

Christopher Blair Gish, arrested three times for DUI in Pennsylvania, should be glad that he doesn’t live in California. If courts convict someone of a third DUI in Los Angeles, that offender is looking at a minimum of 120 days in jail. But the 39-year old Gish managed to avoid Pennsylvania’s minimum penalty of 90 days in jail thanks to a now-closed loophole in the state’s DUI laws.

Citizensvoice.com reports that police picked Gish up for DUI three separate times in an 11-day period during August and September 2014. If that happened in Pennsylvania today, as a three-time DUI offender, Gish could be looking at up to 10 years in prison. But Gish’s arrests came during a time when police could not charge drivers previously arrested on a DUI—but not yet convicted and sentenced—of a second or third offense. The officers could only charge them as if each incident was a first offense.
In the meantime, however, the Pennsylvania legislature passed a new law eliminating the repeat-offender loophole, and Pennsylvania Governor Tom Wolf signed it into law on October 2014.

In January 2015, Gish, a resident of Dickson City in northeast Pennsylvania, pleaded guilty to all three DUI charges. A judge sentenced him to 18 months of court supervision and six months of house arrest. But after a local newspaper carried a story about the case, the local district attorney asked the judge to reconsider Gish’s sentencing and apply the harsher penalties. Gish then withdrew his guilty plea.

In August 2015, a judge found Gish guilty of the charges but concluded that the original sentencing should apply since Gish had committed the DUI offenses before the new law took effect. Since Gish had already served the six months house arrest, he’s now free. But he will have to wear an alcohol-monitoring anklet, avoid drinking alcohol and attend 90 AA meetings in 90 days.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

August 10, 2015

Driver On DUI Probation Causes Fatal Crash

by Michael Kraut

Some people never seem to learn, no matter how many times they suffer the consequences of an arrest for a DUI in Los Angeles. Even as they’re paying the penalty for one DUI offense, they’re committing another.

Christopher Thomas Nash of Hesperia, California, may finally understand the consequences of driving while intoxicated. But that realization comes too late for 27-year-old Andrea Anderson, who died as a result of an accident that Nash allegedly caused.

The 31-year-old man was driving his white GMC truck south on Armagosa Road around 4:30 in the morning of July 30th when he crossed the double line and drove into oncoming traffic. The truck hit the red Kia Forte driven by Anderson, who suffered fatal injuries. Paramedics pronounced Anderson, who was an only child, dead at the scene.

The accident, which demolished the front end of the Kia, trapped Nash in his car. Emergency workers had to extricate him before a helicopter airlifted him to Loma Linda Medical Center. Police had to shut down traffic in the area for several hours while they investigated.

Witnesses who stopped to assist after the crash reported that Nash appeared to be out of it and that he smelled strongly of alcohol. They also said that they spotted a beer bottle among the wreckage.

The court had placed Nash on probation after his conviction on misdemeanor DUI charges stemming from incidents in April and July of 2014. He had actually gone to court in May 2015 to request modification of his probation on those charges. (Apparently the court didn’t grant that request.)

Police have charged Nash with vehicular manslaughter while intoxicated. Since he can’t make bail of $250,000, he’s staying put in the West Valley Detention Center at present. He could face fines of up to $10,000 and/or four to six years in jail 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.

August 5, 2015

Police Don’t Play Around With DUI Arrests

by Michael Kraut

When police officers arrest high-profile sports figures for DUI, it always makes the news, whether the charges involve a DUI in Los Angeles or in some small Midwest town.

A California Highway Patrol officer picked up Denver Nuggets point guard Ty Lawson on July 14th. Lawson, who was driving his white Mercedes north on the 101 freeway, displayed signs of intoxication, according to police reports. The cop booked Lawson into Los Angeles County Jail after charging him with DUI. This is Lawson’s second arrest for DUI in 2015 and the fourth during his professional football career.

Jack Trudeau, who played quarterback for the Indianapolis Colts from 1986 until 1993, faces charges of operating while intoxicated. Police in Zionsville, Indiana, picked him up on Sunday, July 26th, and measured his blood alcohol content a .31—almost four times the legal limit.

Police charged Marco Pappa, a midfielder for the Seattle Sounders soccer team, with suspicion of DUI and speeding after pulling him over in the early morning hours of Sunday, July 20th. Pappa had to take a playing time out; Major League Soccer bans players arrested for DUI from taking part in any matches until the league completes a substance abuse and behavioral health assessment.

National Hockey League star Ryan O’Reilly may win the prize for the most noticeable spots DUI arrest in July. He crashed a 1951 vintage Chevrolet truck into the Tim Horton’s in Lucan, a township in Ontario, Canada. O’Reilly drove off, but police officers located his vehicle through the assistance of witnesses. Police charged him with impaired driving and leaving the scene of an accident.

At least one sports figure managed to avoid a conviction on a DUI charge, however. Tim Jennings, a Chicago Bear player, pleaded guilty to reckless driving and speeding charges in a January 7th incident. As part of the plea deal, prosecutors dropped the DUI charges against him.

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.