Los Angeles DUI Attorney Blog

February 12, 2015

Super Bowl DUI Arrests Include Former Moesha TV Actor

Los Angeles DUI attorneys continue to review the aftermath of DUI cases from Super Bowl Sunday, which, as we’ve reported in the past, has one of the highest rates of DUI driving in the country. (Other dangerous days, from a DUI point of view, include New Year’s Eve, Valentine’s Day, and St. Patrick’s Day.)

Early in the morning on Feb. 1, police arrested Marcus Paulk for driving under the influence and marijuana possession. Formerly, Paulk performed on Moesha, a television show that aired from 1996-2001. An officer conducted a traffic stop after observing Paulk’s vehicle allegedly driving too close to emergency vehicles parked on the side of the road.

The arresting officer noticed the scent of alcohol and the smell marijuana emanating from the former child star’s pockets. Paulk’s Blood Alcohol Content (BAC) level tested at 0.109% at the time of arrest. He readily admitted to drinking and smoking marijuana before driving.

Many people assume that fame and celebrity encourage positive outcomes in court; however, the truth is that the factors affecting each DUI case are different for everyone. Securing legal advice is the best course of action to evaluate your circumstances.

An officer needs probable cause before stopping you, and you must engage in some sort of traffic violation. Driving erratically or within dangerous proximity to a parked vehicle (Paulk’s case) could lead to a traffic stop. Additionally, failure to make a complete stop or inoperable lights on your vehicle creates suspicion and justifies traffic stops.

When stopped, it is important to remember that all tests administered are voluntary. If you refuse to take an alcohol-screening test, make it clear that you prefer a blood test. On-site breathalyzer and field sobriety test results are unreliable, and they may serve as evidence against you.

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.

February 10, 2015

Multiple Offenses Lead to 5th Arrest for 55-Year-Old Savannah Woman

by Michael Kraut

Today, our Los Angeles DUI blog will take a close look at a curious case out of Georgia’s historic Savannah. A local woman, Sheila Faye Conley, just netted her 5th DUI-related arrest, her 4th DUI case, and her 3rd DUI conviction in a period of five years. Police arrested the 55-year-old on Christmas Eve, 2014, and a jury indicted her on February 5th.

Conley caused two previous DUI accidents that led to the injury and death of others involved. In 2000, she struck a couple at a traffic light while fleeing from an officer. In 2001, she fatally struck a couple on the same road as her previous accident. The state sentenced Conley to prison for felony vehicular homicide. Conley won her release in 2010 after serving 10 years and successfully completing almost 2 years on parole; her probationary period began in 2012.

Probation guidelines prohibited Conley from violating any criminal laws or engaging in “injurious and vicious habits” relating to drugs and alcohol, according to Savannah Now. When police pulled her over on Dec. 24, Conley allegedly denied consuming alcohol and refused blood and breathalyzer tests, which led to the most recent DUI charge. A grand jury indicted her for driving under the influence and presenting false statements at the time of her arrest.

Cases featuring multiple offenses in a short timeframe, especially those including injury or death, usually receive harsh prosecution. In California, depending on the timeframe of previous DUI convictions, a person similar to Conley may face years in prison, driver’s license suspension without an allowance for work, and an interlock device.

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

February 6, 2015

Woman Known for Having Three Breasts Charged with DUI in Tampa

by Michael Kraut

Los Angeles DUI reports can be strange, but Florida has got California beat this week in the “DUI news of the weird” department. Authorities arrested a three-breasted woman, 21 year-old Jasmine Tridevil, in Tampa for DUI. The New York Daily News cheekily broke the story, saying, “some busts are certainly worse than others.”

The defendant’s legal name is Alisha Jasmine Hessler; she is known online for her claims that she used cosmetic surgery to attach a third breast. Many experts (as well as Snopes.com) have refuted her claims of plastic surgery, saying that it would be very difficult and take several years to successfully complete.

Per the Daily News, Hessler had been driving “erratically in the area of Adamo Drive and 21st Street shortly before 4 am Monday [Jan. 26], when an officer spotted her.” She was also speeding and ran a red light. Police Hessler for DUI after she failed a sobriety test. Police indicated that her BAC was .18% at the time – well over two times the state’s 0.08% limit.

This is not the first time Hessler has been arrested. In 2013, authorities busted her for fraudulently using personal information; and she faced charges of holding a man captive in her home.

Hessler’s story may be eye catching and bizarre, but DUI cases are no laughing matter.

For a first time DUI offender in California, sentencing may include fines, driver’s license suspension, mandatory DUI school attendance, forced use of an interlock device before driving, probation, and jail time. A BAC level of .15% or higher could elevate a DUI to an aggravated DUI, with harsher sentencing.

Even aggravated DUI charges may be fought, and the sooner you seek advice, the better you will understand your case’s circumstances.

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.

February 4, 2015

Former Marine Sentenced to 11 Years in Jail for Deadly DUI Crash

by Michael Kraut

As someone recently arrested for a Los Angeles DUI, you may find it instructive to read about the heartbreaking case of former Marine sergeant, who was just sentenced for a causing a deadly DUI crash in 2012. He had served at Camp Pendleton and had been driving with three friends when he crashed the vehicle at Dana Point. All passengers suffered fatal injuries.

The Marines had all been in their early 20s at the time of the crash, and according to case reports, they had all been drinking at a local tavern. The sergeant was supposed to be the designated driver that night, but reports say that he ended up with a BAC level of .18% — more than twice California’s legal limit.

The court denied him an alternative sentence, including treatment time in lieu of prison. The sergeant’s attorney argued that his drinking had been an attempt at self-medicating. Therapists had diagnosed him with post-traumatic stress disorder as a result of his experiences in Afghanistan. His lawyer cited a state law that asks courts to take into consideration whether military related injury or trauma might have indirectly or directly influenced bad decision making or behavior.

The presiding judge responded that, although the case was unfortunate, “the court does not find his story plausible or believable.” The defendant will be serving an 11-year jail sentence.

Crashes that involve alcohol are considered aggravated DUI in California. When someone dies as a result of a crash that involved intoxication, authorities may seek different charges. Police reports can play a vital role in determining which charges are brought against an individual. A DUI attorney will also conduct an investigation of charges in a deadly DUI crash, which is why securing representation early is an important step to protect your rights. If you or someone you love faces a deadly DUI crash charge, obtaining key evidence early could help exonerate you or help you plead down to lesser charges.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ Michael Kraut for insight and peace of mind. Mr. Kraut is an experienced Los Angeles DUI attorney with many relevant connections in the local legal community.

February 2, 2015

Pantsless, Belligerent Woman Arrested for DUI in Pennsylvania

by Michael Kraut

Los Angeles DUI stories often tend toward the lurid and, occasionally, the surreal.

However, recent DUI stories from the Southland have been downright pedestrian compared to this recent event out of Pennsylvania. Police arrested a woman named Justine King in Aliquippa, Pennsylvania and charged her with DUI driving, public lewdness, reckless driving, resisting arrest, and disorderly conduct.

When police responded to an accident report, they allegedly found the woman in her car in the middle of an intersection. Reports say that King had just hit another vehicle, and she was sitting in her car with the air bag still deployed. Allegedly, she was naked from the waist down and sitting on an empty liquor bottle. King later denied that she had hit another car, but police said that she would not get out of the vehicle because she wasn’t wearing pants. The police reported seeing her clothing on the floorboards of the car.

King allegedly remained belligerent as officers handcuffed her and drove her to a local hospital for a BAC (blood alcohol content) blood test. Police say the woman refused to cooperate or put on clothes, and they called for a gown to be available at the hospital. The arresting officer said that King kicked out the back window of his vehicle while he retrieved the gown.

While it is a good idea to avoid talking to a police officer more than necessary during a DUI arrest, it is never advisable to refute obvious facts or to refuse to cooperate in this kind of ridiculous manner. In California, you have the right to refuse a field sobriety test, for instance. Doing so, however, may provide probable cause for an arrest. Doing so in a preposterous, disrespectful manner can earn you additional charges and possibly more jail time.

You cannot avoid taking a blood test to determine your BAC level after you have been arrested. Refusing a test before an arrest may lead to the automatic suspension of your driver’s license. However, depending on what happened, you may be able to challenge the legality of the DUI stop or arrest.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

January 30, 2015

Texas Man Allegedly Had Blood Forcibly Drawn without Consent After DUI Arrest

by Michael Kraut

Los Angeles DUI laws are very particular about what can and cannot be used as evidence during a DUI case. The following Texas case depicts what can happen if police officers don’t follow appropriate protocol.

According to news reports, in early January, an allegedly DUI driver, Joel Garcia, slammed into another car after speeding through a red light. The crash killed three people. Garcia’s own injuries were severe enough to warrant pain medication. Police had been afraid that the medications would lead to a false positive for DUI on his blood test, so they withdrew blood without his consent.

Garcia’s lawyer later protested that forcible removal of blood violated his rights. Texas, alongside many other states, allows police officers to engage in certain probing investigative activities without needing warrants following grievous injury or death. Due to Garcia’s alleged actions, three people were dead. The police believed that the seriousness of the situation allowed them to exercise their right to remove his blood for testing.

The U.S. Supreme Court has previously ruled that pressing or exigent circumstances do not provide officers with a reason to forego consent, except under some circumstances. In every case, this “exigency” must be carefully reviewed and validated by the court.

The DUI was not Garcia’s first offense. Police arrested him for another DUI earlier in the year. On the night of the fatal crash, he allegedly had several beers and three shots of spirits before getting in his car.

This case is important for two reasons.

1. Every state law is different. Had Garcia been driving in a different state, he might have had grounds to sue the police department for obtaining his blood without his consent.

2. The attention of an experienced Los Angeles DUI lawyer can be critical.

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.

January 28, 2015

Texas Man Gets Pulled Over for 8th DUI: Los Angeles DUI Lawyers React

by Michael Kraut

In Los Angeles, DUI offenses can be punished by a few hours in prison or many years – the harshness of the sentencing depends on many factors, such as the nature of the alleged offense, the amount of damage done to people and property, and the history of the alleged DUI driver.

First non-injury offenses, usually involve minor punishments, like a driver’s license suspension, DUI awareness classes, and probation; whereas repeat DUI convictions can lead to a dramatic escalation in penalties.

A shocking case from Texas illustrates what can happen to super-recidivist DUI offenders. Police recently arrested Harold Moore, a successful janitorial service owner, for his 8th lifetime DUI. Moore had just been released from a four year prison sentence for his 7th DUI.

While in prison, Moore had enrolled in multiple alcohol treatment programs. Authorities released him from prison, pursuant to his participation in a decade long probation period. His prior DUI convictions allowed the presiding judge discretion in determining further sentencing requirements. Moore’s defense attorney stated that his seventh sentencing was mild and “truly a gift.”

Since Moore had been on probation, any BAC conviction would constitute a breach of his punishment. Moore’s BAC was allegedly 0.27%, more than 3 times the legal limit here in L.A. (and in Texas). Moore now might be looking at 20+ years in prison. The prosecution is attempting to add another 10 years for his breaching probation.

Moore’s case may be an extreme example, but repeat DUI offenses need to be aware that courts typically impose harsher penalties and begin adding jail time for every additional DUI offense.

Another important point to remember is that an out of state DUI conviction can still count toward your overall “total.”

In California, after three or more DUI convictions in a 10 year period — or if your DUI causes harm or death — you will likely face felony charges. at 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.

January 26, 2015

Colorado Researchers Race to Collect Data on Drug DUIs: Los Angeles DUI Attorney Assesses

by Michael Kraut

The recent legalization of marijuana in Colorado and Washington – in addition to the widespread and growing approval of medical pot — has spurred some fascinating research. Scientists want to understand how the growing wave of marijuana users is influencing the landscape of DUIs. Many police officers and other professionals working on this problem contend that drug DUI driving could become increasingly disruptive and deadly as marijuana laws soften.

Medical marijuana use is legal in California, but smoking and driving can still easily land you a drug DUI in Los Angeles and around the state.

Very few studies have been done to assess the risks of driving while high on marijuana. The National Institute on Drug Abuse and the NHTSA are wrapping up one such study — a 3-year investigation that researched the drug’s effects on driving. Using one of the most powerful driving simulators on the planet, researchers gave test participants either a placebo or varying concentrations of the drug and asked them to use the simulator.

The study yielded a surprisingly negative result. The data analysis software can detect subtle changes in driving behavior; and participants on marijuana exhibited hardly any change.

Police officers are not convinced that THC is innocuous, however, and don’t hold your breath waiting for the law to keep up with the science. Roadside THC detection tests are being developed and sold to law enforcement agencies in areas where pot is legal. Drivers pulled over while under the effects of marijuana can still be given a DUI – even in states like California where consumption can be legal. In California, police test for marijuana impairment using blood tests, which can indicate recent use.

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.

January 23, 2015

Los Angeles DUI Community Saddened as Redondo Beach Driver Kills Three After Taking Prescription Drugs

by Michael Kraut

Los Angeles DUI accidents can claim lives at any time; an awful crash in Redondo recently killed 3 Californians and injured many more.

According to reports, twelve people suffered injuries, when a woman crashed into a group of Christmas concert-goers in a Redondo Beach church last December. Margo Bronstein had been exiting St. James Catholic Church when she slammed into pedestrians leaving the concert. Three people died; two suffered bad injuries; and seven others suffered minor injuries.

Bronstein, a paraplegic, had a spotless driving record, but she had been taking medication that day. Her car had been outfitted with various technology to assist her driving. She had hand brakes on the steering wheel and special rear-view mirrors.

Police might charge Bronstein with felony DUI and vehicular manslaughter. Her attorneys have been urging the public to avoid jumping to conclusions about the accident. It is possible, they argue, that a defect in the hand brakes could have contributed to the accident.

If Bronstein’s lawyers can prove that the incident had been an accident — and that medication had not been to blame – perhaps they can fight or eliminate the charges. Her medications included muscle relaxers and other pain relievers to help her cope with chronic health issues.

Accidents involving prescription drugs can still be charged as DUIs, and the consequences of even non-injury stops can include jail time, license suspension, fines and fees and beyond. If a blood or urine test measures a drug’s present in the bloodstream, a conviction could follow.

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.

January 21, 2015

San Francisco, Los Angeles DUI Rates Drop Thanks to…Taxis?

by Michael Kraut

In September 2014, Los Angeles DUI rates dropped, as did similar rates in several cities across the nation. Many observers credit a new trend in cab services based on apps!

Uber and other mobile friendly taxi services have revolutionized American perceptions of taxis. People no longer have to wait or hope to catch a cab at a certain corner. They can call up a town car at the touch of a button, and they don’t have to carry cash. With GPS location tracking, a taxi can be dispatched to a waiting passenger without that passenger ever placing a call.

Taxi companies are increasingly marketing their services toward younger, affluent adults. They are also focusing on the high-risk demographic that is more likely to go out to bars and clubs more often.

And it’s working.

Two companies in particular have seen a growing demand for their business, Lyft and Uber. They present themselves as trendy companies, marketing themselves on bathroom walls and underneath bar stools. Their goal is to make a taxicab seem cool enough to call.

The arrival of these services and the advent of other so-called “rideshare” programs have had a measurable impact. San Francisco DUI rates have consistently fallen since Uber and other modern taxi companies started service there. DUI arrests have fallen by nearly 10% in Seattle, since the expansion of Uber’s taxicabs. In 2013, Los Angeles saw a 14% drop after a 10% increase in 2012. The difference? The availability of ride-share services.

There’s a positive, direct correlation between decreasing DUI arrests and these services becoming available to young adults. If this trend continues, we’ll likely see these services expand and receive additional media coverage in the near future. If revenue is any indication, rideshare services are here to stay; hopefully, they’ll continue to drive down DUI rates in cities across the country.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ Michael Kraut for insight and peace of mind. Mr. Kraut is an experience Los Angeles DUI attorney with many relevant connections in the local legal community.