Los Angeles DUI Attorney Blog

June 10, 2015

Will New Technology (DADSS) Make DUIs Disappear?

A new technology introduced by the DADSS program (the Driver Alcohol Detection System for Safety) holds the potential for eliminating arrests for DUI in Los Angeles and all over the country.

DADSS is building prototypes of an alcohol detection system (ADS) that would prevent a car from moving if the blood alcohol content of the driver exceeded 0.08. That’s the legal limit in all states. DADSS is experimenting with two types of technology to determine BAC. One is a breath-based system that automatically measures the alcohol level in a driver’s exhaled breath. (No breathalyzer needed.) The DADSS website said the technology would “accurately and reliably distinguish between the driver’s breath and that of any passengers.”

The second technology DADSS will be testing is a touch-based system. This measures blood alcohol levels under the skin’s surface by shining an infrared-light through the fingertip. DADSS said automakers could integrate this system into a vehicle’s start button or steering wheel, making it possible to take multiple accurate readings in less than a second.

The National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety (ACTS), which represent automakers, have formed a public/private partnership to sponsor the DADSS research. Their plan is to make the ADS an optional safety feature on vehicles, like automatic braking and lane departure warnings.

If and when the ADS technology becomes commercially viable and available to car buyers, it could help save some of the 10,000 lives lost to DUI incidents each year.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Law Group Criminal & DUI Lawyers, Inc. 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.

June 8, 2015

Victim Corrals DUI Driver

by Michael Kraut

If you were to see someone driving erratically down a street in your neighborhood, hitting other cars, what would you do? For most people, the instinct would be to get out of the way; they would want to avoid getting in the path of a DUI driver or in the path of anyone who appeared so out of control that they might face arrest for a DUI in Los Angeles.

But Californian Kevin Johnson is made of sterner stuff. When Johnson felt the safety of his neighbors was at risk, he took action to ensure that an alleged DUI driver couldn’t stay on the road.

The unidentified driver of a green SUV was causing damage in Bay Terraces in San Diego around 8:30 p.m. on the night of May 31st. According to TV news reports, the man was swerving all over the road and finally crashed into a fire hydrant and then several parked cars. But that didn’t faze him–he tried to keep going.

Johnson’s black Nissan Altima was one of the cars hit–and Johnson was in it. He decided enough was enough and blocked the road with his damaged vehicle so the suspect couldn’t flee.

Despite Johnson’s efforts to talk the driver out of his car, the man continued to try to leave the neighborhood, hitting Johnson’s Altima several more times on purpose. Eventually the DUI driver gave up. Johnson, who has three kids, said his main concern was for the safety of his neighbors.

When police arrived they found the driver had several liquor bottles, pot and even a machete in his vehicle. They arrested him on suspicion of DUI.

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 Law Group Criminal & DUI Lawyers, Inc. understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

June 3, 2015

DUI Driver Causes Demolition Derby

by Michael Kraut

Even when no one is injured, drivers involved in crashes related to DUI in Los Angeles can impact the lives of others in a fairly significant way. When an out-of-control motorist crashes into a home or another car, for example, the owners of those homes and vehicles have to spend time (and sometimes their own money) to repair the damages before they can resume their daily activities.

A man in East Windsor, Connecticut, has made life a little more difficult for no less than seven people—owners of the vehicles that he hit while allegedly driving under the influence on one Tuesday in May.

According to FOX CT, Jordan DeSousa, age 61, hit seven cars in two separate locations before police found him sitting behind the wheel of his pickup truck. DeSousa first smashed two cars in parking lot for Geisler’s Plaza, prompting numerous emergency calls to police. Even as they were responding to that scene, however, officers received reports that a truck had taken out another five vehicles in the parking lot of the next door merchant, Maine Fish. DeSousa, who was identified by witnesses, apparently caused so much damage to four of the vehicles that tow trucks had to haul away them away.

It could have been much worse, however; three people standing close to their vehicles jumped out of the way in time to avoid being struck.

DeSousa, who reportedly was drinking because his wife had just announced she was leaving him, had a blood alcohol content three times the legal limit. He faces charges of DUI, evading responsibility, reckless driving and reckless endangerment.
Do you or a family member need insight from a qualified Los Angeles DUI attorney? Contact Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. to set up your free consultation.

June 1, 2015

Authorities Mean Business When It Comes to Los Angeles DUI Charges

by Michael Kraut

Although it won’t ultimately solve the problem, some people respond to a Los Angeles DUI arrest by simply ignoring it. They miss their trials or continue to drive even if they’ve temporarily lost their licenses.

That won’t work in Riverside County, California. When you’re charged with a DUI in that county, you’d better follow through on what you’re supposed to do. Otherwise the cops may come looking for you.

On May 30th, beginning at 6 a.m., the Eastvale and Jurupa Valley Police Department Traffic Team hit the streets looking for high-risk DUI offenders who had either failed to show up for a court date or violated the terms of their probation in an outstanding DUI case. The cops attempted to serve 80 warrants by going into various neighborhoods; they netted 26 offenders.
According to a press release from the Riverside County Sheriff’s office, people caught in such a sweep may face additional jail time. They also have to suffer the personal embarrassment of being led away in handcuffs as family, friends, and co-workers watch and/or learn of their arrest. There’s also the problem of missing work while they’re sitting in jail.

Riverside County takes DUI enforcement very seriously. The previous evening, the Lake Elsinore Police Department conducted a DUI/driver’s license checkpoint that netted two DUI arrests plus 30 people either unlicensed or driving on a suspended license. On Saturday evening, officers of the Menifee Police Department held a similar checkpoint that resulted in eight DUI arrests (six alcohol-related and two drug-related) and 10 people cited for driving on a suspended/revoked license.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Law Group Criminal & DUI Lawyers, Inc. is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

May 29, 2015

City’s DUI Saturation Patrols Yield Six Arrests in One Weekend

by Michael Kraut

Angels Camp, California, may have a heavenly-sounding name but during the weekend of May 15-17th the behavior of drivers in the area was more on the devilish side. While six arrests for a Los Angeles DUI within a few days may not be surprising—LA does have more than 3.8 million residents—it is a pretty big number in a city like Angeles Camp, which has a population of less than 4,000.

A grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration paid for officers to conduct “saturation patrols” to look for DUI drivers. According to mymotherlode.com, those picked up under sweep included:

• Rodney OConnor, age 46. Police stopped him after he failed to stop at a stop sign. They found that he was driving under the influence.
• Officers arrested Robert Matt, age 46, for DUI after stopping him for crossing over a double yellow line.
• Coty Matulovich, age 28, didn’t have license plates on his vehicle and failed led to stop at a stop sign. When police pulled him over, they determined he was driving under the influence.
• Forty-four year old Carrie Lowe was driving on the left side of the double yellow line when police picked her up. After a brief investigation, they charged her with DUI.
• Burnt-out brake and taillights—and failure to stop at a stop sign—alerted police to a potential problem in the case of 32-year old Daniel Porovich. After the cops pulled him over, they determined he was DUI.
• Jessica Waite drove over the limit line on Live Oak Drive. Police tested the 29-year-old and charged her with DUI.

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.

May 27, 2015

Man Loses More than $1,000 through Unfounded DUI Charge

by Michael Kraut

The expenses associated with a DUI in Los Angeles are high and can include everything from fines and vehicle impoundment to the cost of getting an ignition lock system installed. Putting out that money is bad enough when the cops have some basis for charging a person with a DUI, but it’s even worse when an officer has lied about the evidence for the arrest.

Gavin Gabor of Salt Lake is fighting to get his money back after prosecutors dismissed the DUI case against him because of questions about the cop’s truthfulness. According to the website Good4Utah.com, Utah Highway Patrol Trooper Neil Green pulled Gabor over for failing to signal a turn. Green discovered there was an outstanding arrest warrant for Gabor for another traffic violation. He questioned Gabor and then arrested him for driving under the influence of drugs.

When Gabor appeared before a hearing officer, he heard Trooper Green testify that Gabor had failed a field sobriety test. But Gabor claimed that he couldn’t have failed the test, because Green never administered it. Gabor even bought a copy of the trooper’s dash cam video, which appeared to support his claim.

But the administrator didn’t believe the driver’s story, and Green lost his license for six months. He had to pay $300 to get his license back, $400 to get his vehicle out of impound and another $300 for a release title.

But Gabor wasn’t willing to let the case rest. He got a public defender, who succeeded in getting his case dismissed (although not before Gabor had paid all the money and done without his license). Meanwhile, the UHP began investigating the veracity of all of Green’s DUI arrests; the trooper later resigned.

Green has gotten some of his money back from the DMV, but he’s still fighting with the state Tax Commission, the agency that collected the impound and release fees, to return the money he paid to them.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

May 25, 2015

DUI Arrest Pits Cops Against Town Administrators

by Michael Kraut

Some people picked up for a DUI in Los Angeles or some other city may try to bluster their way out of a charge by claiming to have friends in high places who will get them off and make trouble for the arresting police officers. In almost all cases, of course, it’s a bluff that doesn’t do the alleged DUI drivers much good.

But one man in Chelsea, Oklahoma, did get a little help from some high-up friends—and the furor over his arrest has caused a big outcry in this small town of less than 2,000 residents.

When police office Nicholas Pappe pulled over local businessman Brian Haggard on suspicion of DUI, Haggard admitted to having had about eight beers before driving. But this fairly straightforward DUI arrest turned controversial when Haggard called his good friends for help. They happened to be the town’s police commissioner and Kenny Weast, the town’s city manager. (Weast shares ownership of a local bar with Haggard.)

Weast showed up while Pappe was questioning Haggard, and asked to take Haggard home without an arrest. But Pappe—who is a new police officer, on probation—refused to overlook the DUI infraction and charged Haggard with DUI. (The businessman’s blood alcohol content was well over the legal limit at .106.)

The controversy came to the attention of the Chelsea city council, which voted 4-1 to let Weast keep his job, despite his interference with an arrest. Pappe, meanwhile, could lose his position if the city council votes to dismiss him.

Chelsea’s assistant police chief said that the action has been disheartening for his officers, who have also received death threats. Haggard, meanwhile, said it is the police who are ruining the reputation of the town.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Law Group Criminal & DUI Lawyers, Inc. 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.

May 20, 2015

Stairs More Deadly Than Motor Vehicles?

by Michael Kraut

Most people understand that someone who meets the criteria for a DUI in Los Angeles has a good chance of getting hurt if he or she gets behind the wheel. But people in Wisconsin–and perhaps in other states as well–are more likely to get hurt from falls when they’re under the influence than from driving a motor vehicle.

According to an article in the Madison, Wisconsin, Capital Times, officials recorded 349 deaths in Wisconsin from alcohol-related falls in 2012 (the latest year for which figures are available). Meanwhile, they recorded only 223 alcohol-related traffic deaths that same year. The Wisconsin Alcohol Policy Project (part of the University of Wisconsin Law School) gathered the data for this report.

The newspaper story notes that DUI-related fatalities in Wisconsin have declined significantly since 1979, when 593 people were killed in such crashes. By 2013, yearly fatalities had decreased to 185. Fatal falls related to alcohol, on the other hand, have increased by 36 percent since 2004.

The Wisconsin Alcohol Policy Project links this increase to the aging of Wisconsin’s population. Older people have continued to drink, even as they become less steady on their feet and/or take medications that make them more susceptible to alcohol’s effects.

There is one positive aspect to this development. Unlike DUI drivers, who can kill or severely injure several other people when they’re out on the road, someone who falls because they are intoxicated usually injures only themselves.

A recent study in the American Journal of Public Health identified Wisconsin as the hardest-drinking state in the country. In 2011, the annual alcohol consumption in the Badger State was 634 drinks per person for those over the age of 14. That compared to an average 468 drinks per person in the U.S.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Law Group Criminal & DUI Lawyers, Inc. is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

May 18, 2015

DUI Drivers Run Out of Gas and into Trouble

by Michael Kraut

Anyone who’s ever run out of gas while traveling knows just how much of a problem it can be to get the car to a safe place, call for help and wait until that assistance arrives. But if cops show up and discover that drivers have another problem—like enough alcohol in their systems to be arrested for a DUI in Los Angeles—those drivers are more likely to be headed to jail instead of to the nearest gas station.

Just ask Jason Kinthiseng of Cortland, New York. When his car ran out of gas around midnight on May 4th, he flagged down an officer who was returning from handling another call. It didn’t take Sergeant Christopher Marinelli long to figure out that at that moment Kinthiseng needed a breathalyzer test more than he needed gas for his vehicle. Kinthiseng’s blood alcohol content measured .18–more than twice the legal limit. The news story doesn’t mention whether or not Kinthiseng eventually got gas for his vehicle, but he did get a charge of aggravated driving while intoxicated.

Then there was 30-year old Jovanna Dawn Talks from South Dakota. Her running-out-of-gas incident not only yielded two counts of DUI but also three counts of abuse or cruelty to a minor and one count of hit and run.

Talks had her three young children–all under five years old–in the car with her when she rear-ended a 2001 Ford Edge at an intersection in Argus. Instead of stopping, Talks allegedly kept driving and got onto I-229, where she ran out of gas. It was 3:20 a.m. when the police found her and her kids in the car, resulting in the charges against her.

Do you or a family member need insight from a qualified Los Angeles DUI attorney? Contact Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. to set up your free consultation.

May 13, 2015

You Don’t Need a Car for a DUI Arrest

by Michael Kraut

When police arrest someone for a Los Angeles DUI, the suspect is usually driving something like a sedan, an SUV, a motorcycle or a truck. But that doesn’t mean that DUI arrests are limited to people driving this type of motor vehicle. The three people mentioned below could tell you that the determining factor is not what you drive but what your blood alcohol content is when you’re driving it.

In Clay City, Kentucky, police arrested 57-year-old Billy Strange for driving a lawn mower while intoxicated. Strange was moving along Third Street around 10 p.m. on the night of Friday, May 2, when police pulled him over. His blood alcohol content was .151—well above the state’s legal limit of .08.

Then there was Jay Doyle Wallace of Rogersville, Tennessee. Police found him at the scene of an accident on Highway 70 north on April 11th. But he hadn’t wrecked a car—Wallace was driving an Agco Allis farm tractor at the time. He claimed the accident had been caused by another vehicle swerving into his lane of traffic. Police charged Wallace, who had two prior DUI arrests, with a third-offense DUI, failing to exercise due care and violating the state’s implied consent law, since he refused a blood alcohol content test.

But a 40-year-old man from Scotland may have the distinction of most unusual DUI in recent months. Officers found Paul Hutton driving a pink child’s Barbie car down a road in Clacton-on-Sea in Essex at 10 p.m. at night. Hutton said he had been drinking while customizing the car for his son, and he didn’t realize he was over the limit when he decided to drive over to a friend’s house to show off the vehicle. (His BAC was twice the legal limit.) Since it was Hutton’s second DUI (we assume the first was for driving a regular vehicle), he lost his license for three years.

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 Law Group Criminal & DUI Lawyers, Inc. understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.