Los Angeles DUI Attorney Blog

January 19, 2015

Colorado Explores [Much] Harsher DUI Laws: Implications for Los Angeles DUI Law in the Near Future?

Los Angeles DUI attorneys are closely watching the Rocky Mountain state of Colorado to see whether that state will soon be cracking down hard on third offense DUIs. A lawmaker in Colorado’s general assembly recently introduced a bill with bipartisan support to treat a third DUI offense as a felony.

The rules under the new bill stipulate that all DUI offenses would have to be committed within seven years of one another. Lori Saine, the bill’s author, believes her law would reduce the number of inmates in county jails and make Colorado roads safer.

Police officers around the state are not sold on the idea. Some in the police community contend that increasing penalties for repeat DUI offenders doesn’t address the heart of the issue. Police say that jails throughout the state don’t offer inmates what they need to recover from their alcoholism, citing a growing need for substance abuse therapy. They say that individuals who leave prison depressed are more likely to abuse alcohol and other substances. Substance abuse and incarceration beget one another in a vicious cycle.

Bill opponents within the CO general assembly point to increased expenses from felony charges and extended prison sentences. State funding for prisons is already tight; funding for the increased costs associated with the bill might have to be pulled from valuable social services.

These law changes mean that if you live in Colorado and have two DUIs, a third could mean serious prison time. State laws in California already allow for a DUI conviction to turn into a felony under certain circumstances, including:

• You caused harm or death to another individual while DUI.

• You have 3 or more DUI convictions in 10 years.

• You have a history of felony DUI convictions.

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 12, 2015

Tim Jennings of the Chicago Bears Nabbed for DUI While Speeding

by Michael Kraut

The Los Angeles DUI community (and the rest of the country) may be focused on the NFL playoffs, but football fans have been temporarily distracted by yet another NFL DUI arrest.

Police say that Tim Jennings, a member of the Chicago Bears, had been speeding while DUI – he allegedly had been zipping along at 99 mph on a 65 mph highway in Georgia. The trooper that pulled him over said that Jennings had alcohol on his breath and that his eyes were a little red. Jennings admitted to the officer that he had consumed alcohol but had waited nearly ten hours before getting behind the wheel.

Jennings refused both a field sobriety test and a breathalyzer. The officer reported that the football star laughed through questioning and told him that he had been speeding to attend a parent-teacher conference.

In California, excessive speeding can lead to more complicated DUI charges. Calfornia law defines the crime of “driving recklessly” but leaves some ambiguity about what actually constitutes recklessness. Driving 20 to 30 mph over the speed limit will likely net you a “driving recklessly” charge, which can lead to harsher sentences, more jail time and longer license suspension.

Research confirms intuition: speeding is very dangerous. For every ten miles per hour increase after 55 mph, the average vehicle requires an additional hundred feet to make an emergency stop. Jennings, for instance, would have needed a football field’s extra space to avoid an accident.

Fleeing the scene of a DUI hit-and-run accident — especially after causing damage to property or hurting someone else — can result in a maximum sentence of ten years in prison. But even if police stopped you for a standard misdemeanor DUI, you could face diverse punishments, including jail time, mandatory installation of an interlock ignition device in your car, spikes in your insurance premiums, loss of your license and intense probationary terms.

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.

January 7, 2015

Actress Jennifer Lopez Survives a Scary Collision with DUI Driver in Malibu – Driver Faces Charges

by Michael Kraut

This blog spills plenty of virtual ink about celebrities arrested for Los Angeles DUI. But celebrities can be victims in DUI crashes as well.

Consider, for instance, the harrowing recent ordeal of Jennifer Lopez, who survived a collision with an allegedly DUI driver in Malibu in September… with her children in the vehicle.

Prosecutors just charged 53-year-old Robert John Reitz, a Las Vegas man, with slamming her Rolls Royce from behind with his pick-up truck at a stoplight. Prosecutors hit him with a variety of counts, including driving nearly two times the limit for DUI in California (0.08% BAC, as defined by California Vehicle Code Section 23152). A conviction could lead to a $1,000 fine as well as six months behind bars. Lopez was not driving the Rolls Royce at the time; Leah Remini, another actress, was behind the wheel.

Although the crash occurred back in September, it took over three months before Reitz’s arraignment.

Lopez’s situation highlights an important aspect of DUI cases that’s rarely discussed, and that’s that DUI cases can take a long time to play out in the courts. That waiting can feel interminable for defendants (and their families).

Especially if you stand accused of complex charges that involve significant property damage or accusations that you hurt another person, your legal “fireworks” could last for months if not longer. Fortunately, you don’t have to go through this alone. To prepare effectively and strategically, call a qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers today to get insight into your potential options. In addition to having served as a prosecutor of DUI crimes for nearly a decade and a half, Mr. Kraut maintains excellent relationships with diverse stakeholders in the Los Angeles DUI discussion, including prosecutors, judges and police officers.

January 5, 2015

Man Rings in 2015 with His 16th Lifetime DUI: Not the Best Way to Start the Year!

by Michael Kraut

If you’ve recently been arrested for Los Angeles DUI — e.g. if police stopped you on Mulholland after you attended a fancy soiree at a Hollywood producer’s house — you’re probably dreading the potential legal and financial ramifications.

Even if you didn’t hurt anybody or cause any property damage, you could have to pay fines and fees of $1,000 or more, deal with a six month (or longer) license suspension, and face time behind bars… among other punishments.

Hopefully, the arrest was your first. The more times you get arrested and convicted for DUI in California (over a 10-year period), the more intense your punishments become. For instance, a misdemeanor DUI may land you a few hours (or a day or so) behind bars. But if you’re pulled over and convicted for that same crime three times within a 10 year span, on the third time, you could face half a year behind bars (or longer!). Plus, prosecutors can try to elevate your charge to a felony instead of a misdemeanor.

Given that context, let’s take a look at a sad story out of Farmington, New Mexico, where 30-year-old Lawrence Pine got nabbed for his 16th DUI just as the New Year rung in.

According to reports from local station, KRQE, police showed up at Pine’s home after a call suggested possible domestic abuse at the house. Pine took his two children into his car and fled. Allegedly, he slammed into a parked car with the children in the vehicle. Police stopped him at a gas station and arrested him on a bevy of charges, including possession of drug paraphernalia, driving with a revoked license, child abuse and DUI. They’re holding him on a $200,000 bail.

Investigators also alleged that Pine “repeatedly kicked and hit the children while they were in the vehicle.” The situation sounds absolutely awful, and we hope that the children are getting excellent care and that Mr. Pine gets the assistance he needs to deal with his demons.

If you or someone you love needs help after an arrest — whether it’s your first or your fifth — please call a qualified Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers for insight into your rights and legal options.

December 29, 2014

New Year’s Eve Is One of the Most Dangerous Days for DUI Crashes

by Michael Kraut

New Year’s Eve witnesses more than its fair share of Los Angeles DUI arrests.

Between 2002 and 2008, at least 140 people were killed in DUI crashes on New Year’s Eve and New Year’s Day. In fact, 42% of traffic-related deaths during New Year’s Eve and New Year’s Day are consistently related to DUIs. This statistic includes intoxicated pedestrians who inadvertently walk in front of cars.

Russ Rader of the Institute for Highway Safety cited New Year’s as “the worst day for impaired drivers” in a recent article. In fact, half of fatal New Year’s crashes involve a driver who is DUI. Statistics have only increased since this article was written in 2011, with one person killed every half hour due to DUI and one person injured every minute. These statistics also tend to skyrocket after midnight on New Year’s Eve and New Year’s Day, when people are likely traveling home from celebrations.

In recent years, Mothers Against Drunk Driving (MADD) found that, out of the 300,000 people who receive DUI charges every day including New Year’s, 4,000 or fewer wind up arrested. MADD also reports that over half of high school sophomores admit to drinking alcohol. Thus, parents should be particularly vigilant about their teens’ consumption during the holiday season.

To avoid DUI fatalities and harsh sentencing, people should limit their alcohol consumption over the holidays. A good rule might be one drink per party, or perhaps two if glasses are less than standard size. Sober drivers should always be designated before parties, and everyone should have the number of a cab company (or Uber app) saved in his or her cell phone.

Teenagers should not drink at all during the holiday season or otherwise. If a teen suspects that party drinks have been spiked, he or she should seek help from an adult chaperone. Teens should never leave their drinks unattended. They should also educate themselves on the signs and symptoms of alcohol poisoning and call 911 if they suspect poisoning has occurred.

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.

December 24, 2014

Authority and Alcohol: People in High Positions Can Get Los Angeles DUIs, Too

by Michael Kraut

Although stories about celebrities facing Los Angeles DUI charges are reported every day, average citizens often act surprised when people in authority face similar charges. The attorneys at the Kraut Criminal & DUI Lawyers have seen plenty of people in positions of authority deal with DUI charges and want to set the record straight on the prevalence of this problem.

Oklahoma Senator Charged

Republican senator Bryce Marlatt was recently charged with a subcategory of DUI known as actual physical control, or APC. APC indicates the vehicle was actually moving when the suspect was pulled over for the DUI. Woodward, OK, police found Marlatt asleep in his moving car. When asked how many beers he had, Marlatt replied, “None – I had what you call a bourbon and Coke.” He also said he had consumed “no more than anybody else” when asked further about his alcohol consumption.

Senator Marlatt’s attorney claims that Marlatt had been having sleep problems and that he took a prescription sleep aid before getting behind the wheel last Monday night. He had imbibed a mixed drink and had been concerned about the effects of the mixture, so allegedly pulled over to sleep off the aid and the alcohol. However, the charges of APC indicate Marlatt’s vehicle may have been moving without his knowledge.

Auto President Faces DUI

Another authority figure recently charged with a DUI is Robert Butler, president of the Butler Automotive Group in Indianapolis. Allegedly, Butler had been driving DUI on Interstate 465 and hit a vehicle parked on the emergency shoulder. The accident caused “serious leg injuries” to 25-year-old Latin McKinney, according to The Indy Channel. McKinney and his sister had apparently been trying to jump-start McKinney’s stalled car on the emergency shoulder.

Butler admitted he had four glasses of wine while watching a ball game in downtown Indianapolis before getting on the interstate. Police measured his blood alcohol level at twice the legal limit. However, Butler pleaded not guilty to DUI charges even after admitting he’d been drinking.

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.

December 22, 2014

Sore Losers? What You Can Do When Experiencing DUI Blowback

by Michael Kraut

Statistics show that the majority of people who face Los Angeles DUI charges stand a good chance of having those charges dropped. Unfortunately, being declared innocent does not mean that you won’t face consequences. The Kraut Criminal & DUI Lawyers is familiar with “DUI defense blowback” – when some people may resent your legal success — especially among celebrities and authority figures.

DUI defense blowback can be painful and embarrassing. Several exonerated people have been lambasted on social media and in public. For example, Texas judge Nora Longoria was angrily told she should resign and was a “disgrace to the… legal system” after her July 2014 charges were dismissed. These people may also face guilt, anger, and depression.

Victims of DUI defense blowback need not wallow in their circumstances, however. Instead, they can use valuable tips to help deal with the fallout. These include the following:

• Know the facts of the case. Many people are wrongfully convicted of DUI because of faulty sobriety tests or inconclusive blood or urine draws. The law also varies from state to state regarding whether “warrantless search” blood or urine samples are legal. People whose cases involved these circumstances can find peace in the fact that they were not at fault.

• Separate the person from the circumstance. One of the reasons people facing DUI blowback feel depressed is the absorption of the idea, “I was charged with a DUI; therefore, I am a horrible person.” Even people who commit actual DUIs are not horrible people. They are human, and humans make mistakes. Although mistakes have consequences, the person must be separated from the deed itself. Learn to say, “The DUI was a horrible thing I do not want to do again.”

• Ignore the lambasting. People who use abusive language toward such drivers are venting anger and often being judgmental. Allow them to vent, but do not retaliate or argue with them about the circumstances of the case or what “really” happened. Angry people are not likely to listen, and in the end, one’s own perception of self and circumstances matter more.

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.

December 19, 2014

In the Blood: Pros and Cons of Los Angeles DUI Blood Tests

by Michael Kraut

We’re going to look north today, to Idaho, for insight into the often misunderstood arena of Los Angeles DUI blood tests. In an Idaho Supreme Court decision on December 3, 2014, a judge ruled that police must get a warrant before performing a DUI blood test if a suspect refuses to give blood or perform other sobriety tests.

Former Idaho Supreme Court decisions have stated that a warrantless blood law is permissible under an “implied consent statute.” However, 1st District Court Judge Benjamin R. Simpson reversed these decisions based on two local cases in which men suspected of DUI had their blood drawn to test for alcohol under protest.

Cases such as the McNeely case of 2013 — as well as Judge Simpson’s two most recent decisions — cite the fact that “the natural metabolization of alcohol in the bloodstream does not alone present an urgent need [for a blood draw],” according to the Spokesman-Review. However, the attorneys at Kraut Criminal & DUI Lawyers want readers to know there are pros and cons to a blood draw, consensual or otherwise.

Pros of a Blood Draw

A blood draw is the most specific and accurate DUI test. If a driver believes he or she was under the legal alcohol limit, a blood test may unequivocally prove it. Blood draws are also less subjective than traditional sobriety tests, such as walking in a straight line, and they can result in fewer misunderstandings between the officer and the driver. For example, in a traditional sobriety test, an officer might think a physically disabled driver was intoxicated because of stumbling related to the disability.

Cons of a Blood Draw

Refusal to submit to a blood draw may result in automatic license suspension, particularly in states where a warrantless blood draw is considered permissible. Failure to cooperate with a blood draw may also make an arresting officer think the driver is belligerent or dangerous, thus giving him or her more reason to make an arrest.

Can a Blood Draw Decision Be Fought?

Yes. Blood tests can be compromised in DUI cases or otherwise shown to be inadmissible as evidence. The collection and storage of blood can easily influence the amount of alcohol determined to be present in a sample. For example, if the officiating nurse cannot find a vein and must prick the driver several times, the blood sample could be compromised. This kind of compromise can also happen if blood is stored at the wrong temperature or in a carelessly sealed container. Faulty forensic equipment can also result in compromised draws and ultimately in wrongful convictions. Drivers who suspect their blood draws were compromised can and should fight the conviction to avoid unjust consequences.

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

December 17, 2014

DUI Charge Against Texas Judge Nora Longoria Dropped

by Michael Kraut

Los Angeles DUI attorneys and pundits have been following the story of Nora Longoria, a judge for the 13th Court of Appeals in Texas, who was charged with a DUI in July 2014. Recently, prosecutors dropped her charges. McAllen police say that Longoria “begged for special treatment” when faced with sobriety tests, but Justice Rolando Cantu threw out the case based on “lack of evidence,” marking “other” as his reasoning on formal paperwork.

Longoria was originally pulled over for driving 69 MPH in a 55 MPH zone, but the arresting officer claimed she “smelled of booze and had slurred speech.” Longoria allegedly admitted she’d had five beers that evening but that she consumed her last one three hours before driving. She allegedly told the officer, “I live a couple miles away… You are going to ruin my life.” Longoria also refused to take a breath test. Social media exploded after Longoria’s DUI charge. People made comments such as, “Resign, you drunk” and “You are a disgrace to the court system, to the legal profession, and the citizens of Texas.”

Despite the angry comments and the evidence presented in court, Longoria eventually beat her DUI charge. Several people, including regular Kraut Criminal & DUI Lawyers blog readers, may be wondering how and why. Our attorneys hypothesize a few possible reasons:

• Lack of a conclusive test. A breath test and other sobriety tests are not generally as conclusive as a blood or urine draw, neither of which Longoria underwent. In fact, some experts believe traditional sobriety tests are “designed to make [people] fail.”

• Unclear video evidence. The prosecution was able to obtain a video allegedly showing the circumstances of Longoria’s DUI arrest. However, the tape’s footage did not clearly show whether her speech had been slurred. Thus, the evidence that she “smelled of booze” essentially consisted of the arresting officer’s opinion.

• Lack of other evidence. Besides the unclear video, the prosecution brought no conclusive evidence against Longoria.

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.

December 15, 2014

Celebrity DUI: Le’Von Bell Accepts Plea Deal for DUI With Marijuana

by Michael Kraut

Los Angeles DUI drug arrests may become increasingly common over the next few years, as an increasing number of Californians turn to legal medicinal marijuana for treatment.

In August 2014, Pittsburgh Steelers running back Le’Von Bell was arrested on charges of DUI and marijuana possession. According to Pittsburgh’s Channel 11 News, Bell will participate in a program for first-time offenders and will face a two-game suspension sometime within 2014 or 2015. A two-game suspension is “standard punishment” for NFL players convicted in a DUI case.

With 1,689 yards from scrimmage and five touchdowns, Le’Von Bell has been one of the Steelers’ best players this season. However, as many celebrities find out, fame and status will not grant Bell complete immunity from his charges. He will be on probation for fifteen months.

Driving under the influence of marijuana can be equally as dangerous as driving under the influence of alcohol, but differences exist in how such a charge is handled. The Los Angeles DUI attorneys at the Kraut Criminal & DUI Lawyers want readers to be aware of the following differences:

• There is no “sobriety test” for marijuana. Often, officers have to rely on questions such as, “Let me look at your eyes.” They then have to ask the driver if he or she is willing to perform a voluntary field sobriety test, and many drivers refuse.

• Marijuana levels cannot be measured the way alcohol levels can. A breath test will not prove specific levels of marijuana in one’s system.

• There is not a “comparable offense” to driving with a blood alcohol level (BAC) of .08 or greater related to marijuana and other drugs.

• Many DUI cases involving marijuana and other drugs, but not alcohol, are based at least partially on the arresting officer’s opinion.

• Marijuana usage can often only be proven through blood or urine samples, which must be processed through a lab.

With states such as Colorado and Washington legalizing marijuana, many Los Angeles residents wonder whether California will be next, and if so, what that could mean for future cases like Le’Von Bell’s. Since many people also use marijuana for medicinal purposes, there is a distinct possibility that potential marijuana DUI cases could be thrown out, because they don’t fit the “DUI per se” definition or because of medical personnel testimony.

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.