After getting arrested for DUI in Los Angeles recently, you’ve had time to ponder the incident and “tell yourself stories” about why it happened and who/what should be blamed.
You might be tempted to put the full weight of blame on outside forces:
• The police officer who stopped you at a check point;
One of the most feared punishments for the crime of driving DUI in Los Angeles involves the so-called Interlock Ignition Device, or IID. According to a law passed a few years ago, DUI offenders in L.A. often must (at their own expense) install IID devices in their vehicles. This device makes it impossible for you to start your car, unless you first blow a sober breath into a breathalyzer type device. The theory is pretty simple: if you can’t make safe decisions about driving, just outsource the decision-making to an automated arbiter, like a machine.
Many DUI defendants bristle at the thought of putting in an IID, which is not just an expensive encumbrance but also an embarrassing talisman. For instance, let’s say you go out to a party and meet a new potential girlfriend or boyfriend. And then you invite this person into your car for a ride. If your prospective suitor sees the IID, the conversation will inevitably turn to your Los Angeles DUI, and then things could get uncomfortable and hurt the potential relationship.
Critics have voiced other concerns. What if the machine malfunctions, when you’re in a bad part of town, and you can’t start your car? What if the IID automatically notifies police, when you didn’t even do anything? Etc.
That being said, the reality of having an IID is often less awful than most people fear. Some folks actually enjoy having the device in their vehicles, because it helps them stay out of trouble, and they don’t trust themselves to make good judgments in the moment.
For instance, let’s say that your tolerance is pretty low: if you have two normal sized drinks at a party, you’ll be over the limit. Having an IID can help you avoid making a mistake that would put yourself and other people at risk. An IID CAN be a benign, helpful tool for providing structure and managing risks.
Ideally, you want to construct a defense to maximize your sense of control. The Kraut Criminal & DUI Lawyers is a Los Angeles DUI defense law firm started by Harvard Law School educated ex-prosecutor, Michael Kraut. Mr. Kraut worked for 14 years as a Deputy District Attorney. He and his team have abundant resources and a great track record to help you develop your case. Continue reading
Quick quiz: let’s say someone pulls you over on suspicion of driving under the influence in Los Angeles. Should you:
(a) Cooperate with the officer and avoid making your situation worse?
(b) Spit in the officer’s face?
If you answered (a), you are correct. If you answered (b), you may have something in common with 47-year-old Gabriel Fenteany, a chemistry professor at the University of Connecticut (UConn). Police in Vernon, Connecticut busted Fenteany Saturday night for allegedly driving under the influence, after officers noticed him failing to signal as he drove into a parking lot.
Officers said he failed field sobriety tests, and they set his bond at $2500. In California, police administer diverse types of field sobriety tests (FSTs), such as:
• Finger to the nose test. While closing your eyes, you reach your arms out on both sides and then try to touch your nose with the tips of your fingers.
• Horizontal nystagmus test. A police officer shines a light in your eyes to look for delayed pupil reactions, which can be signs of DUI.
• Count backwards by threes test. This test measures your mental acuity. If you’re DUI, you should be less capable of sustaining the concentration it takes to subtract numbers in your head;
• Walk the line test. This is the most famous DUI test. The driver must walk on a painted line, like a balance beam, to demonstrate equilibrium and coordination.
Professor Fenteany’s bust was actually just another unfortunate event in a long stream of unpleasant events for him. Back in December, the Assistant Professor of Chemistry got in trouble with the law, after he damaged cars in the town of Greenwich and urinated in the parking lot. In wake of that incident, UConn placed him on administrative leave. Meanwhile, last month, police came to his apartment to enquire about a welfare check, and he allegedly used a racial slur and kicked and spit at the police officer who showed up.
There is no reason to make your legal situation worse than it is.
Unfortunately, if you are already in difficult straits, you may not understand what you need to do to straighten your situation out and get the help you need. Contact with the team here at the Kraut Criminal & DUI Lawyers for a free and thorough consultation about your possible Los Angeles DUI defense options.
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Our Los Angeles DUI blog strives to humanize the experience of being arrested and prosecuted for driving under the influence.
DUI charges can be isolating and scary. Many defendants feel like they are “in it alone.” So it can be helpful to survey the vast catalogue of DUI events that happen every day and put those events into context. To that end, let’s take a close look at two poignant June DUI stories.
First, let’s head up to Montana, where 63-year-old Rick Fincher of Big Sky recently got hit with his third DUI charge… while en route to bail his wife out on charges of DUI!
According to the Bozeman Daily Chronicle, Fincher got word that police stopped his 44-year-old wife, Stacey Joe Fincher, and arrested her for DUI. She allegedly tested at 0.201% BAC – more than 2.5 times the legal limit here in California.
Police then pulled over Fincher’s pickup truck near the jail; his BAC allegedly tested at 0.159% – nearly twice the legal limit.
Meanwhile, an alleged DUI driver hit and killed 81-year-old Edward Salkin in Corona Del Mar on June 12, near Morning Canyon Road. Officers arrested a Costa Mesa resident, 23-year-old Robert Greaney, in connection with fatal accident. Salkin had been a Professor of Pedatric Dentistry at USC, and he operated a thriving practice in Huntington Beach.
Whether you face manslaughter charges or less serious but still scary charges, like a misdemeanor count per CVC 23152, call the Kraut Criminal & DUI Lawyers today to schedule a free and confidential consultation with an experienced Los Angeles DUI defense lawyer.
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If you got stopped for DUI on Whitworth in South Beverly Hills, you might have been charged with Beverly Hills DUI or Los Angeles DUI, depending on which side of the street you had been driving.
The pavement tells the story: the north side is Beverly Hills territory, while the south side belongs to the City of Los Angeles. In practice, this slight distinction almost never causes any legal issues. After all, the City of Beverly Hills and the City of Los Angeles have very similar laws with respect to DUI driving and punishment. But the jurisdiction of your case can matter in some pretty important ways. For instance, it can help determine the judge and prosecutorial team in your case. It can influence the logistics of the trial.
Here’s the broader point, however, and you probably didn’t see this coming: if you’ve spent any time really thinking about this issue (or similar issues), you’ve almost certainly been wasting your time!
It’s not that jurisdictional issues don’t matter. Rather: you almost certainly lack the experience, knowledge, and resources to make sound legal decisions about such subtleties of the law. You don’t want to spend your very limited time and energy on the wrong things.
For instance, you may be fretting about the potential jail time (totally natural) but not paying much attention to your license suspension. After all, it’s scarier to think about spending a week behind bars than it is to contemplate the difference between a one and three month driver’s license suspension.
In terms of real costs, though, two extra months without a license can be a tremendous, costly inconvenience. For instance, let’s say that, without a license, you’re going to need to take a cab to work every day until you get your license back. Thus, you might spend literally thousands of dollars in cab fees just to keep your job.
So fighting a license suspension could be hugely important. But because you don’t have the experience to prioritize your DUI defense items, you might wind up missing or mishandling your DMV hearing and thus getting a less than ideal outcome.
Fortunately, an astute Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers can help you make more effective choices. Get in touch with Mr. Kraut and his team for a free consultation today.
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The Los Angeles DUI blogosphere has been having a field day with the DUI case of pop singer, Justin Bieber.
Over the past several months, “the Biebs” has found himself in scads of trouble – legal and otherwise. We covered his January 2014 DUI arrest in Miami extensively. In case you forgot, the pop star had allegedly been drag racing with 19-year-old Khalil Sharieff on January 23rd in a rented sports car.
According to TMZ, Bieber will soon be entering a guilty plea to “reckless driving” charges in that case in exchange for the dismissal of other charges against him. (Those counts had included driving without a license, resisting arrest and DUI). Although Bieber will have to go to anger management classes and pay a fine (which will obviously be nominal, given his income), he won’t have to serve jail time or even probation.
The judge initially wanted Bieber to star in an anti-DUI service announcement, but Bieber’s legal team suggested that that measure was “inappropriate,” given that his BAC tested at 0.014% – far below Florida’s (and California’s) legal limit for DUI of 0.08%. (However, he did test positive for traces of the drug Xanax, an antianxiety medication, and marijuana’s psychoactive compound, THC).
Meanwhile, he will apparently face criminal vandalism charges, in connection with allegations that he threw eggs at his neighbor’s property in Calabasas in January.
And last month, Bieber allegedly tried to steal a woman’s purse… but he won’t be facing felony counts in that case. (Bieber apparently got angry, when a woman tried to videotape him with her cellphone at a mini golf and batting cage establishment in the Valley.)
Also in May, Bieber earned public enmity, after recordings surfaced, in which he allegedly made racially insensitive remarks.
Bieber has been celebrating his recent legal exonerations: he recently Tweeted “new beginnings” to his followers.
An adroit Los Angeles DUI defense can, indeed, led to “new beginnings,” even for people who struggle mightily with diverse charges.
To that end, contact a Harvard Law School educated former city prosecutor (Senior Deputy District Attorney) with the Kraut Criminal & DUI Lawyers today for a thorough, sensitive analysis of your defense options.
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Facing a DUI in Los Angeles is difficult, especially when another party has been injured. However, reconciliation is possible, even in the worst circumstances. One example is this recent story from Miami, FL.
At a hearing in Miami-Dade on Friday, June 6, Marissa Sanders, a former Florida Highway Patrol Trooper, says she has “moved on” with her life. This comes as the individual who caused her career-ending injuries has been apprehended after ten years on the run.
The case began in April 1998, as Sanders conducted a routine traffic stop on I-95. Samuel Silva, whose blood alcohol limit was at twice the legal limit, hit Sanders’ cruiser and pushed it into the car she had stopped. The resulting gas tank explosion caused third-degree burns to her legs, an injury that ended her patrol career.
Due to the serious injuries Sanders sustained, Silva received a 9-year, 5 month sentence. After appealing this verdict, Silva was released on bond until 2004, when his conviction was upheld. Rather than surrendering as ordered, he fled the country.
Using a false passport, Silva traveled to several countries to evade recapture. He remained a fugitive until May 2014, when the U.S. Marshals Service located and arrested him in Panama City. Silva is now back in South Florida to serve his sentence – and he will likely face additional charges.
DUI and Injury
When driving under the influence leads to injuries, the effects can be devastating for both parties. The injured party must deal with pain and trauma that could last a lifetime, and the responsible party faces potentially harsh consequences.
California Vehicle Code Section 23153(a) allows prosecutors to convert DUIs from misdemeanors to felonies if one or more victims have sustained injuries. The penalties, which become more severe based on the number of victims and extent of injuries, can include:
• Prison terms
• Victim restitution and court fines
• Professional repercussions, such as loss of a job or certification
Dealing with these potential punishments can instill fear and anxiety, but you can take responsibility for your actions with the help of Los Angeles DUI attorney, Michael Kraut.
Mr. Kraut has extensive experience defending clients with offenses of this nature. For a free consultation, contact the Kraut Criminal & DUI Lawyers today.
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When facing a Los Angeles DUI case involving an injury to the other party, consider the story of Samuel Silva, who was recently arrested in Panama after ten years on the run.
In April 1998, Silva struck the patrol car of Florida Highway Patrol trooper Marissa Sanders, who was conducting a routine traffic stop. The impact pushed Sanders’ cruiser into the stopped car in front of it, causing that vehicle’s gas tank to explode. Sanders sustained extensive third-degree burns to her legs, the severity of which ended her highway patrol career.
Silva, whose blood alcohol level had tested at double the legal limit, was sentenced in 2001 to 9 months and 5 years in prison. After his appeal and its subsequent denial, the judge ordered him to surrender in 2004 to serve his sentence; however, he never reported.
Instead, Silva used fraudulent passports to escape the country. According to investigators, he traveled throughout Spain, Mexico, and other countries before settling in Panama City. There, U.S. Marshals found and arrested him in May 2014 and brought him back to South Florida.
Although Sanders is surprised Silva has been brought to justice – again – after all these years, she expressed disappointment at his unwillingness to “take responsibility” for his actions.
In California, driving under the influence results in harsher sentences when they lead to injuries of another party. Under California Code Section 23153 (a), driving under the influence is a misdemeanor; with a resulting injury, it becomes a felony. This can cause penalties such as:
• Prison sentences
• Restitution to victims
• Extensive court fines
These punishments increase depending on how many people were injured and the severity. A conviction can also result in job loss, loss of professional licenses, and increased penalties for any future DUIs.
Although facing a DUI with injury is difficult, taking responsibility for your actions is always preferable to running away. A Los Angeles DUI attorney can work to identify mitigating factors and build a defense that will help resolve your case.
Michael Kraut’s comprehension of California law and relationships with law officials can help you build a powerful case to avoid a wrongful conviction or harsh sentence. For your free consultation, contact the Kraut Criminal & DUI Lawyers today.
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It’s a common question with a surprisingly subtle answer: How many alcoholic drinks can you consume before you’re over the Los Angeles DUI limit of 0.08% BAC – the cutoff point for misdemeanor DUI, as defined by the California Vehicle Code?
As you might remember from driver’s ed, you can roughly calculate the answer based on your gender and body weight. Key variables involved include your weight, the number of drinks you consume, and the time that elapses between drinking.
The following assumptions are usually correct:
• The heavier you are, the more you’ll need to drink to become intoxicated;
• The more drinks you consume, the more intoxicated you’ll be;
• The more time that elapses after you start drinking, the less intoxicated you’ll be, since your liver will have more time to process the alcohol and clear it from your system.
As a general gauge, this system does a pretty good job. But these estimates are really just ballpark figures. You can follow the system to the letter and STILL wind up with a high blood alcohol concentration and a DUI on your record.
In some ways, this system is similar to the one that your doctor might use that shows the relationship between your BMI (body mass index) and health. In general, you want to avoid being obese – just like you want to avoid consuming massive amounts of alcohol and spiking your blood alcohol level above 0.30%.
But there is a lot of room in the middle. For instance, studies have shown that people who are moderately overweight may actually live longer than overly thin people. Likewise, a bodybuilder who has very low body fat and a lot of muscle may have the same BMI as someone who is very unmuscular but who has a lot of visceral adipose tissue (not a good thing). So just looking at BMI alone doesn’t give you enough good information. Likewise, just looking at the amount of alcohol you consume and the amount of time in between drinks may not give you enough good information. Other meaningful factors could include:
• Whether you’re a man or woman (men and women process alcohol at different rates);
• Your general alcohol metabolism;
• Whether you’ve consumed other substances, such as prescription drugs or marijuana;
• Whether you’re familiar with the vehicle that you’re driving and the roads that you’re driving on;
• Whether you’ve consumed food or not;
• Whether you’re sick or not;
• Whether you’re fatigued, stressed, angry – or well-rested, calm, and in good spirits.
The moral is that trying to calibrate an ideal formula for everyone to prevent DUI driving is a bit silly and naïve; it ignores all the complexities of human biochemistry and the complex dynamics of safe driving.
For help dealing with your Los Angeles DUI arrest, look to the Harvard Law School educated Attorney Michael Kraut and his team at the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor with tremendous experience – in his capacity as Deputy District Attorney for Los Angeles, he racked up a very impressive 99-plus percent success rate at jury trials.
Forty-year-old Kimberly Micheloni had a very bad week earlier this month.
On May 13th, police pulled her over for driving under the influence with her 14-year-old daughter in the vehicle. In addition to being slapped with a DUI charge, Micheloni also faces a child abuse charge in connection with that stop.
Court records show that police arrested her again for DUI the very next day. And on May 20th, police caught her yet again for driving under the influence and proceed to hold her on a $225,000 bond. According to reports, Micheloni recently had to leave her job as an office manager for the Internal Revenue Service because of an illness.
She confided about her DUI arrests to a local TV news station, saying “I’m so sorry” for causing pain and potentially putting people’s lives in danger. She told reporters that her doctor had prescribed her a medication, which apparently made her unable to drive safely.
Normally, prescription medications like Vicodin come with warning labels urging patients to avoid driving. In Los Angeles, you can get arrested and charged per California Vehicle Code Section 23152 for a drug DUI. There are no breath tests for drug DUI; instead, police typically ask for a urine sample to test your blood for chemical residue of drugs. Depending on the circumstances, you may be able to challenge the results of this urine test.
For instance, you can argue that:
• The police didn’t follow proper procedure;
• The test was poorly done or badly calibrated;
• The test failed to show that you hit the DUI threshold;
• Perhaps there was an error in your prescription. Maybe the pharmacist accidently gave you double the amount of medication that you should have been taking;
• Maybe there was some weird interaction between your medication another med.
For help getting to the bottom of your Los Angeles DUI drug defense, call experienced former prosecutor Michael Kraut of the Kraut Criminal & DUI Lawyers. In addition to being a Harvard Law School educated attorney, Mr. Kraut retains excellent relationships with many people in the Los Angeles defense community, including judges, prosecutors, police officers, etc.
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Los Angeles DUI Attorney Blog