Los Angeles DUI Attorney Blog

November 10, 2014

After the Passage of Proposition 47… What Next for Los Angeles DUI Offenders?

Last week, voters ratified Proposition 47, which will likely have profound, if still not very well understood, ramifications for criminal defense trials in the Golden State for years to come.

How, specifically, might this new proposition impact your Los Angeles DUI defense options?

The answer obviously depends intimately on the details of your arrest as well as your criminal history. The purpose of the law, basically, was to partially decriminalize certain nonviolent offenses, like drug possession crimes. Supporters of the proposition hoped to restore a level of racial equality to California law. Advocates of the proposition argued that draconian drug possession laws punished African-Americans and Latinos in a lopsided fashion. They also said that our state’s harsh drug laws had contributed to prison overcrowding as well as to a deterioration of certain communities and neighborhoods.

Prosecutors, judges and defense attorneys alike will soon be puzzling over — and arguing over — how this new proposition will change the course of business in the world of criminal defense.

Defendants who have questions and concerns about their rights should get in touch with an experienced Los Angeles DUI criminal defense attorney with the Kraut Criminal & DUI Lawyers ASAP to explore their options. Whether someone you know or love has been imprisoned for DUI or for a nonviolent drug offense; or whether police recently arrested you — and you’re trying to figure out how to preserve your freedom and understand your legal options — call a former prosecutor with a rock-solid record (99+% success rate jury trials as a prosecutor) and excellent connections in the Los Angeles legal defense community.

November 7, 2014

Proposition 47 and the Evolution of Los Angeles DUI Law

by Michael Kraut

If you’ve been a long time reader of our Los Angeles DUI blog, you’ve read about some relatively radical changes in the scope, nature, and direction of California criminal law over the years.

The Golden State’s codes are living documents, designed to respond to the needs and concerns of the citizenry in an organic, ongoing basis. Over time, citizens, legislators and judges all regularly seek to amend these guidelines.

To wit, consider the success of Proposition 47, passed on Tuesday by a healthy margin. This proposition attracted intense support and opposition. The goal was to increase equal justice and to prevent certain nonviolent drug offenses from being automatically charged as felonies. On the one hand, citizens, policymakers and those in the judicial system alike are concerned about the legion of people incarcerated in California jail cells — often for relatively minor offenses that did not lead to injuries or harm to others. On the other hand, we recognize that bad behavior needs to be punished and deterred.

Here’s how the Los Angeles Times summarized the fall out of Yes On Prop 47:

“The day after California voted to reduce punishments, police agencies, defense attorneys, prosecutors and even some advocates were scrambling to figure out exactly how it was going to work. The greatest effect, experts said, would be in drug possession cases, noting that California is now the first state in the nation to downgrade those cases from felonies to misdemeanors. Thousands of felons are now eligible for immediate release from prisons and jails.

City attorneys accustomed to handling traffic tickets and zoning violations are now responsible for prosecuting crimes that used to be felonies, including forgeries, theft and shoplifting. District attorneys who used to threaten drug offenders with felony convictions to force them into rehabilitation programs no longer have that as an option. Social workers said they worried that offenders who voluntarily seek treatment will have trouble finding services.”

For help understanding your rights, obligations and legal needs regarding Proposition 47 or CVC 23152, call a Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers to get an objective, insightful and strategic analysis of your defense options.

November 5, 2014

Ted Vick, Legislator from South Carolina, Beats His DUI Charge

by Michael Kraut

When someone – a politician, actor, or ordinary Joe – beats a Los Angeles DUI charge “on a technicality,” the peanut gallery often groans.

After all, we have come to associate the term “technicality” with a lack of justice being served. A TV movie villain, for instance, might escape a just prison sentence because his lawyer “gets him off on a technicality.”

But technicalities exist in our legal code for a reason: we need our laws to be fair, systematic, and balanced, so that they can adequately protect the population and also ensure the rights of suspects in criminal cases.

With that prelude, let’s take a look at a peculiar story about South Carolina State Representative, Ted Vick, who just successfully beat back a 2013 DUI charge. (Vick still faces other charges stemming from a 2012 arrest on weapons possession charges and DUI.)

According to news reports, Vick had consumed wine at a local restaurant in May 2013. On his way to the car, an officer allegedly saw Vick struggle to get a pebble out of his shoe. This alerted the officer’s suspensions, and he followed victim to garage, where he said the state rep drove over a traffic cone. The officer stopped Vick and arrested him after a struggle.

During the trial, before prosecutors could show the tape of the struggle, Vick’s attorney asked the court to dismiss the case, because the video camera did not show the officer reading Vick his Miranda rights. The court agreed and dismissed Vick’s charges.

The news reported this story as an “escape by technicality” situation, but the Miranda rights are crucial. They exist to prevent people from self-incriminating; we need to protect and preserve them.

If someone you love stands accused of a similar crime, an experienced Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers can help you understand what your charges mean and respond effectively and strategically to them.

Call a former prosecutor today to schedule a consultation about your defense.

November 3, 2014

Getting Stopped for Los Angeles DUI with a Single Open Container Is Bad News. What About 42 Open Containers of Vodka?

by Michael Kraut

As someone who recently had the unpleasant experience of getting arrested and handcuffed for charges of driving under the influence in Los Angeles, you vividly recall the feelings of fear, frustration and hopelessness that accompanied your stop/accident and subsequent jailing.

Yet you also know that the situation could have been worst. For instance, hopefully you did not seriously injure or kill someone while DUI. And at the very least, you personally survived the incident – not necessarily a given, particularly if you had been seriously impaired.

Even if police found an open container (or two or three) in your vehicle, you have nothing on 26 year old James M. Woodward, a Massachusetts man stopped last Sunday afternoon on Route 24 in Freetown, MA for “moving vehicle violations.”

Massachusetts State Police say they found not just one or two but 42 (!!) nips of open vodka in Woodward’s truck; they arrested him and hit him with multiple charges, including lane violations, negligently driving a motor vehicle, driving DUI, and, of course, having open containers of alcohol in his vehicle.

Driving DUI under any circumstances can be devastating, even if you didn’t violate multiple laws or engage in dubious or reckless behavior after your stop. Even if this is your first time, you can still face a panoply of charges, such as:

•   Driver’s license suspension
•   Forced alcohol school
•   Probation
•   Fines and fees
•   Legal costs
•   Spike in your insurance rates
•   Job loss
•   Mandatory installation of interlock ignition device (IID) in your car
•   Enhanced punishments if you hurt someone

Of course, all is not lost. You may be able to get the charges dismissed entirely or plead them to down to lesser charges, such as wet reckless. Call a Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers right now to set up a time to speak with attorney Michael Kraut about what you can do to defend your interests, protect your rights, and minimize the punishments and other negative repercussions in your life.

October 31, 2014

How to Avoid Getting a Los Angeles DUI over Halloween

by Michael Kraut

Intuitively, you might suspect that the numbers of Los Angeles DUI arrests spike during Halloween, simply because so many people take time off of work, drink spiked cider, and engage in goofy costume parties and parades. But while Los Angeles is home to some wild Halloween traditions, including the West Hollywood parade and spooky movies at Hollywood Cemetery, fortunately, the denizens of our city often drive rather soberly on this holiday… at least when you compare Halloween DUI statistics with stats from much more dangerous holidays, like Super Bowl Sunday, Labor Day, New Year’s Eve, Thanksgiving and The Day Before Thanksgiving.

Maybe it’s the fact that everybody knows that kids will be wandering in the streets wearing dark, unwieldy costumes that makes drivers act with more caution. Whatever the case, you want to avoid winding up arrested and in dire need of the services of a Los Angeles DUI defense attorney, like Michael Kraut of Kraut Criminal & DUI Lawyers. Here are some tips:

1. Plan your evening.

Be spontaneous, but don’t be so spontaneous that you put your life and the lives of other people at risk.

2. Don’t hang around (or heaven forbid get in the car with) people doing dumb things.

Halloween is a time of surprises, but you want those surprises to be ideally to be non-lethal ones. If you meet strange people at a party or at the Santa Monica parade, and you want to hang out and grab a burger with them afterwards, fine. Just avoid getting unduly influenced by potentially dangerous or unstable folks you meet trick or treating.

3. Learn from your mistakes.

How did Halloween go for you last year? Have you ever almost gotten in trouble while driving or almost gotten arrested for DUI? Consider your habits and your track record, and continuously develop plans to avoid getting into trouble again in the same ways. Know thyself.

If you or someone you love does ultimately need help with a Halloween-related Los Angeles DUI charge, contact attorney Michael Kraut of the Kraut Criminal & DUI Lawyers for an immediate, judgment free, through and confidential consultation. Mr. Kraut is a former Deputy District Attorney – a high-level prosecutor – who understands what it takes to build winning defense cases.

October 27, 2014

Multi-Vehicle Crash Involving a Suspected DUI Driver Claims Life of 10-Year-Old Boy and Injures Family Members

by Michael Kraut

Los Angeles DUI manslaughter charges are incredibly serious but also surprisingly diverse.

Let’s say you’ve never driven DUI before, and you didn’t engage in an act of gross negligence, like driving 100 miles the wrong way on the freeway. But you did get into a DUI accident that caused someone to die. You could still go to jail for a long time, lose your license, and face an array of other punishments.

However, prosecutors could try to convince the court that you engaged in a more serious crime — “gross vehicular manslaughter” — which can lead to even steeper punishments.

And if you had been convicted of a prior DUI — and you had signed a document known as a Watson Advisement, which indicates that you understand the lethality of driving DUI –prosecutors can even go after you for an even more intense count, known as DUI Murder.

Bearing that in mind, let’s reflect on a tragic case in Anaheim. On October 18, a 10-year-old boy died in a multi-car DUI-related collision at North Euclid Street and West Oklahoma Avenue, per Anaheim Police Department reports. A black pickup truck smashed into the boy’s Toyota Camry from behind, throwing the vehicle into another car. Everyone in the Camry suffered critical injuries, and the 10-year-old boy died at a local hospital. Los Angeles police later arrested Gary S. Hunt, the driver of the black pickup truck.

The accident moderately injured the driver of the third car.

Whether Hunt actually had been under the influence of alcohol or not, he could face serious criminal and civil charges. The media coverage understandingly focuses on the awful tragedy that befell Ramirez and his family, but it’s important to appreciate that DUI crashes also devastate the lives of people charged with crimes.

For instance, perhaps Hunt also has children, who now may be forced to deal with the fact that their dad could go to prison for many years.

To respond conscientiously, compassionately and effectively to complex criminal charges, contact a Los Angeles DUI injury defense attorney at the Kraut Criminal & DUI Lawyers right now to schedule a consultation with former prosecutor, Michael Kraut.

October 24, 2014

Is It Okay That a Bus Driver with Two DUIs Was Allowed to Drive a School Bus Full of Kids?

by Michael Kraut

Obviously, we are of the opinion that the crime of driving under the influence in Los Angeles is a complex issue and that many people who stand accused of this charge need compassion and insight as opposed to punishment and neglect.

However, we also deeply believe in protecting our community and making sure that the roads are safe for everyone. The whole point of what we aim to do (and also what police officers and prosecutors aim to do) is to make our city safe and livable.

To wit, the arrest of 59-year-old Robert E. Murphy of Ashland, Massachusetts raises profound questions about how and when convicted DUI drivers should be allowed to engage in certain types of commercial driving activity.

Mr. Murphy was a school bus driver who had been convicted twice of DUI. Police just arrested him yet again for allegedly driving DUI with a bus full of high school age cross-country athletes. According to local reports from the Boston Herald, police arrested him Saturday evening in the parking lot of a local high school after a coach alerted authorities. Police put Murphy through a series of field sobriety tests and arrested him on charges of operating a motor vehicle to endanger and a third DUI offense.

Obviously, Murphy’s story is less dramatic than the tale we covered a few weeks ago about the Utah bus driver who allegedly drove DUI for nearly 40 miles on the freeway, weaving around the road, while carrying elementary school kids.

In both Murphy’s case and the case of the Utah bus driver, no kids suffered injuries, fortunately.

Murphy’s arrest raises questions about how and when convicted DUI drivers should be allowed to engage in commercial driving again. Imagine you’re a truck driver or a bus driver who has no job skills other than your commercial driving ability. What if you lose your driving privileges because of the DUI? How would you earn a living? If you got your driving privileges back, how could you ensure that you won’t make similarly dangerous decisions again?

These and other questions can keep you up at night. Fortunately, you don’t have to ponder them all alone. The team here at the Kraut Criminal & DUI Lawyers can help you establish an effective plan to deal with your charges and rebuild your life. Call a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers right now to schedule a consultation with an ex-prosecutor about your strategy.

October 22, 2014

Southern California Mayor Suddenly Resigns After DUI Charge

by Michael Kraut

A Los Angeles DUI charge can have powerful and immediate ramifications, whether you’re a public figure or not.

Witness, for instance, the fast fall of Murrieta Mayor Alan Long, who had to resign recently after he caused an alleged DUI crash that injured four students. The 44-year-old had been driving on Jefferson Avenue in a large truck last Thursday at 8 P.M., when he hit a vehicle driven by four high school students.

Long had served as a Battalion Chief with the Anaheim Fire Department, but his knowledge and understanding of road safety did not prevent him from failing his field sobriety tests (at least per police reports) and demonstrating what authorities said were “signs and symptoms consistent with alcohol impairment.”

Long contends that he had consumed alcohol but did not cross the legal limit of 0.08%. He made a bail of $5,000 and has not yet formally been charged. Rescue workers took the four students from Murrieta Valley High School to local hospitals for treatment for an array of injuries.

Long won election in November 2010 by a landslide. But even though he hasn’t been formally charged with a DUI injury count, he had to resign his political position.

Each charge of injuring someone while driving DUI can lead to a felony conviction and a jail sentence of at least a year, per California Vehicle Section 22153. Prosecutors also do not necessarily need to show that Long had been over the 0.08% BAC mark to convict him for the felony counts.

Defending against injury DUI charges can be an incredibly fraught and complex business. Protect your rights by getting good insight from a qualified Los Angeles DUI defense attorney, like Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor: as a Deputy District Attorney, he racked up a 99% success rate in jury trials. Continue reading

October 15, 2014

Pro Tip: If You Get Arrested for Los Angeles DUI, Don’t Tell Police That You Are “Going To Do It Again”

by Michael Kraut

To defend against a Los Angeles DUI charge effectively — particularly if you actually committed a crime — you want to express remorse at the appropriate time. You need to show that you understand that what you did was dangerous and could have resulted in severe injuries or even the loss of life.

What you DON’T want to do is to brag that you are “going to do it again,” like Willissa Harris allegedly told police in Tulsa, after she smashed into a cable barrier on a local freeway, Highway 75. According to local media, after Harris hit the barrier, police helped her out of her vehicle and observed that she had red, bloodshot, glassy eyes and slurred speech – classic signs of DUI.

Per reports, Harris had been arrested twice prior for DUI, and she decided to chat with the police about her background on the way to the station. They recorded her apparently self-incriminating statements: she told police that she enjoyed “doing this” [causing the DUI wreck] and that she intended to “do it again.” Police took her to the Tulsa County Jail for processing.

Obviously, it’s no secret that people do and say very dumb things after being stopped for DUI – we’ve come back to this theme again and again on this blog. But there are limits to how and when you can self-incriminate. For instance, let’s say the police fail to read your Miranda Rights — these include the caveat that “anything you say or do can be held against you in the court of law.” If so, you can fight back against the charges by making the argument that the court shouldn’t consider any self-incriminating statements that you made because police didn’t remind you of your rights before you said them.

The court will assess your complete history, including both admissible statements that you have made and your actions. In Harris’s case, the fact that she has two DUIs under her belt will probably matter more than the fact that she boasted under duress that she was “going to do it again.”

If you or someone you love needs to defend effectively against a similarly complex suite of charges, please call an experienced Los Angeles DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers immediately to schedule a free consultation with highly respected former prosecutor Michael Kraut

October 8, 2014

DUI Murder Conviction Stands for Adam Harrison Hall: 17 Years-to-Life Prison Sentence Upheld

by Michael Kraut

Driving under the influence of drugs in Los Angeles is a dangerous crime, as even a child could tell you. But what distinguishes a “run of the mill” drug DUI from an arrest that leads to a second degree murder conviction and a 17 year-to-life jail sentence?

The answer is: the circumstances.

Consider, for instance, the nightmarish series of events that unfolded on the morning of February 13, 2011. Adam Harrison Hall spun out of control in his Ford SUV, smashed into a Toyota SUV at a red light, injuring the occupants, then veered onto the sidewalk and hit and killed 40-year-old Mara Steves, who had been walking a lost labrador retriever.

Hall allegedly killed a pedestrian and caused a massive wreck that led to other injuries… AND he had two prior DUI convictions.

In Southern California, after you get convicted of a DUI, you receive what’s known as a Watson Advisement. This is basically a “last warning” that affirms that you understand that driving DUI can lead to severe injury and death. People who receive the Watson Advisement and then later go on to commit another DUI crime and kill someone can be charged with DUI murder, also known as a “Watson Murder” because of the eponymous advisement.

In any event, Hall apparently had nearly a pharmacy’s worth of drugs in his system, including morphine, amphetamine, temazepam, oxazepam, hydroxyalprazolam, alprazolam, nordiazepam, diazepam, and methamphetamine as well as THCA. In February this year, a jury found Hall guilty of a smorgasbord of charges, including misdemeanor drug DUI, two felony counts of obtaining drugs via a forged prescription, one felony prescription forgery charge, and of course one felony murder count. Hall had appealed the verdict, because he argued his trial attorney had been inadequate and that the prosecution did not have enough evidence to prove that he had been the driver burning through the red light. But the three justices disagreed and upheld the murder conviction.

If you or some you love faces a severe charge, like DUI manslaughter or murder, call a qualified, compassionate Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers to get effective insight into your possible options.