Los Angeles DUI Attorney Blog

March 31, 2014

Are You Reliving Your Los Angeles DUI…Over And Over And Over Again?

You just got arrested for DUI in Los Angeles. Your mind is racing with questions:

•   “What attorney should I hire?”
•   “What can I do, if anything, to fight the automatic drivers license suspension?”
•   “How will I manage my life, if I have to spend substantial time behind bars or spend months without a valid license to drive to work?”
•   “What will my friends and parents think about me?”

You’d love to concentrate on solving those issues, but your mind just can’t stay focused. You keep getting drawn back into remembering the drama of what happened. Perhaps the event was actually dramatic, in an objective sense. For instance, maybe your car flipped on the 210, and you hit a concrete barrier. Or maybe you almost ran into (and killed) some pedestrians.

You can’t stop yourself from thinking about the different ways the accident or arrest could have “gone worse.”

Or maybe you keep recalling the feeling of fear that jolted through your body when the red and blue lights flashed behind you, or the maddening conversation you had with the arresting officer.

In any case, the following lesson is abundantly clear: you need to manage this non-stop, destructive mental monologue.

To the extent that you feel out of control about you case is to the extent that your mind will likely “hold onto” these negative thoughts and drive you nuts. But once you know what to expect about your case — and what to do in the next few hours and days — you’ll likely find yourself spontaneously letting go of the looping mental chatter. So that’s one key: get clarity on your case!

Here’s another suggestion. Practice deep breathing and meditation exercises. And/or get therapy, particularly if you were involved in a traumatic incident.

Lastly, connect with a Los Angeles DUI defense lawyer here at the Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is a Harvard Law School educated former prosecutor – he used to work as a Senior Deputy District Attorney for the City of Los Angeles, during which time he obtained a 99%+ success rate at jury trials. He’s won respect as a criminal defense lawyer not just from clients but also from his peers, such as judges and prosecutors.
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March 26, 2014

KPCC Reports on Spike in Female DUI Arrests in Los Angeles and California

by Michael Kraut

Reporting for KPCC, journalist Erica Aguilar recently published a “deep dive” examination into female DUI arrests in Los Angeles. Her two-part series is obviously well worth read.

Let’s examine a few key themes she discusses in her article. The information will probably shock you!

Aguilar opens by quoting Rosemary Earl, a juror who helped to convict a 38-year-old woman of second degree murder, after the woman hit and killed two other women while DUI and then fled the scene. Earl told KPCC: “I put someone in jail, and it impacts me … she took two lives that destroyed a lot of other people’s lives.”

KPCC analyzed two decades of DMV data and found that the number of female DUI arrests has gone up – both across the state and here in LA – for reasons that are befuddling to the experts. Stephen Bloch, a researcher at the Automobile Club of Southern California, told KPCC: “[The number of female DUI arrests] was somewhat stable in the 1980s, and then began to go up and just accelerated, particularly from 1999 to 2011.”

Meanwhile, the number of male DUIs fell during that same period.

Another analyst noted: “We don’t know if more women are drinking and driving … all we do know is that more women are being arrested.”

So why is this all happening?

One spokesperson for the Los Angeles County Sheriff’s Department suggested that an improvement in deputy and officer training could potentially explain the findings. For instance, around 2008, CHP began a concerted, aggressive push to bust drivers for driving under the influence. DUI arrests soon went up. But this doesn’t explain why MALE arrests went down during this time, while FEMALE arrests went up.

Another theory suggests that police have been getting better at identifying drivers who are not just DUI but also under the influence of prescription medications. Potentially, more women than men mix prescription drugs with alcohol. This might explain the discrepancy.

Yet another explanation is purely demographic. More and more women are entering the workforce. Thus, more and more women are driving, instead of staying at home and attending to kids. The surge in female DUI arrests, in other words, has nothing to do with enforcement and everything to do with the fact that the subset of female population that always been more inclined to drive DUI has increased due to socioeconomic and cultural factors.

Whether or not researchers will ever really understand the “big picture” stuff driving this peculiar trend – perhaps the numbers are just a statistical artifact? – you want urgent help with your Los Angeles DUI defense.

Contact attorney Michael Kraut of the Kraut Criminal & DUI Lawyers right now for ethical, thorough, and highly strategic assistance with your case.
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March 19, 2014

Kate Major, Girlfriend of Michael Lohan, Busted for DUI — Dashcam Video Shows Her Crying… a Lot

by Michael Kraut

One of the worst aspects of being arrested for DUI in Los Angeles is the fact that your private moments of weakness can suddenly turn into viral video hits, causing obvious humiliation and potential damage to your brand and future employment and relationship possibilities.

Of course, online tabloids, like TMZ, have no problem putting up such embarrassing videos – especially of celebrities – to generate hits and traffic. To wit, TMZ just published dashcam footage featuring Michael Lohan’s girlfriend, Kate Major, crying to a police officer after being pulled over on suspicion of DUI near her house in Florida. Allegedly, Lohan and Major had been involved in a “blowout argument” (per TMZ). Lohan is father of the famous (or, perhaps, “infamous”) actress Lindsay Lohan. He and Major have a young child together.

After their “blowout,” Major allegedly got behind the wheel. She didn’t make it far – she crashed. A police report says that Major had serious difficulty with her field sobriety tests. She “missed the tip of her nose on her second, third, fourth, and fifth attempts. Touched on her nostril on the second, third, and fourth attempt, touching the space between her nose and upper lip in the fifth attempt.”

She also didn’t do much better when it came to reciting her ABCs: “on her first attempt, she gave the sequence L M X twice and spoke at a really fast pace. On her second attempt, she did not keep her eyes closed and got stuck on the letter V. Major was never able to recite the alphabet A to Z.”

Police say that her BAC was an astonishing 0.243%. For those of you who are keeping at track at home, that’s more than triple the legal limit for DUI in Southern California, as defined by CVC Section 23152. In addition to facing a DUI charge, she also faces a charge of battery for her fisticuffs with Lohan. Her bail was set at $16,000.

Major’s arrest gives us a good segue to discuss the key field sobriety tests used by Southern California police officers to determine DUI:

•   The horizontal gaze nystagmus test. An officer looks into your eyes to see whether you can follow a prompt. A long lag time could indicate DUI.
•   Walk the line test. You’re asked to walk nine paces in both directions on a white line (such as painted line on the road). Loss of balance indicates possible DUI.
•   One leg stand test. An officer will ask you to lift a leg and stand on one foot for 30 seconds. Loss of balance or coordination might indicate DUI.
•   Rhomberg test. You will be asked to tilt your head backwards and count up to 30. Again, loss of balance could indicate DUI.

If you failed your field sobriety tests and got arrested for DUI in Los Angeles, connect with Attorney Michael Kraut today for a free, confidential consultation about your possible next steps. Mr. Kraut is a former prosecutor with an excellent track record (99% plus success rate at jury trials, for instance) and many connections in the Los Angeles criminal defense community.
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March 13, 2014

3-year-old Hurt Badly in DUI Crash: Also, Woman Lets Baby Fall Out of Her Car. What’s Going on with These Parents?

by Michael Kraut

As someone who was stopped and charged recently with a Los Angeles DUI, you’re probably inherently pretty sympathetic when you read stories about DUI offenses in the paper or online.

That said, you also resent being “lumped in” with offenders who have committed crimes that you consider to be far more reprehensible than what you allegedly did.

What happens when you drive under the influence with a minor in your car? Short answer: nothing good.

Let’s take a look at two recent examples.

WLTX in South Carolina reports that a 3-year-old boy, Josiah Jenkins, is on life-support, after a suspected DUI crash. Per local police, 43-year-old Lonnie Gross hit Jenkins’ mother’s car on North Springs Road last Friday night at around 10 PM. Authorities charged Gross with felony DUI with great bodily injury as well as with driving on a suspended license. The local police chief – who also happens to be the 3-year-old’s great uncle — says the mother had been traveling to get pizza when the crash happened. The poor child needs a ventilator to stay alive.

Meanwhile, out in Missouri, according to KCTV, 30-year-old, Gianni Henderson, faces a battery of charges, after she allegedly let her infant fall out of a moving car – while she was driving under the influence of alcohol!

Authorities charged her with child endangerment, possession of marijuana and drug paraphernalia, failing to provide proof of insurance and child restraint violations. Per reports, the child fell out of the back seat of the car, when Henderson made a turn onto an onramp. Fortunately, the child survived the incident, thanks to care from a Good Samaritan.

What happens in California if you drive DUI with a minor in your vehicle?

Prosecutors can hit you with charges per CVC 23572, which mandates jail time if you’re convicted of driving DUI with a minor under 14 in your car. Prosecutors also often pursue child endangerment charges per California Penal Code Section 272(a). This charge is technically known as a “wobbler,” which means it can be prosecuted either as a felony or as a misdemeanor.

For help developing a defense to your Los Angeles DUI charges, connect immediately with the team here at the Kraut Criminal & DUI Lawyers for effective, ethical, and comprehensive assistance. Mr. Kraut is a former prosecutor and Harvard Law School educated attorney. He’s often quoted in the New York Times, Los Angeles Times, and Good Morning America about DUI cases.
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March 12, 2014

Horrific Alaska Tale: Driver Suspected of DUI Shot and Killed, After He Failed to Stop

by Michael Kraut

When Los Angeles DUI stops “go wrong,” the consequences can be awful, even occasionally fatal.

Consider the following “worst case scenario” out of Wasilla, Alaska: local authorities say that an Alaska State Trooper shot and skilled a suspected DUI driver. According to reports, police stopped the vehicle north of Parks Highway, after troopers received a report that a DUI driver had been driving near the city limits of Wasilla.

Police tried to pull the vehicle over, but the driver wouldn’t stop. The trooper opened fire and shot at the driver. Authorities pronounced the driver dead on the scene. Another passenger was injured by the gunfire. Fortunately, the passenger’s injuries were not life threatening.

The shooting occurred near a Wal-Mart, east of the main section of the city, near a development called “Whispering Woods.” One local resident claimed that she heard “a lot of sirens” fired by a volley of gun shots. The debris left by the exchange included spray paint and shattered glass.

The last time a Wasilla police officer had needed to use a gun was way back in 2008. (Los Angeles Police, meanwhile, deal with gunfire virtually every day.)

Fortunately, tragedies like what happened up in Wasilla over the weekend are few and far between. However, altercations between DUI suspects and police do happen regularly. Many people, for instance, refuse to submit to a breath or blood test – prompting an arrest and charges per CVC Section 23152 (A) (for the DUI) and per CVC 23612 (for refusing the breath/blood test).

An officer must have probable cause to stop and search you, per the Fourth Amendment to the U.S. Constitution. If an officer cannot simply and clearly articulate why he (or she) stopped you and asked you to take a DUI test, the test may be rendered mood, for legal purposes. You will need to ask for a hearing per Penal Code Section 1538.5.

For technical help dealing with this issue (or with any other aspect of your Los Angeles DUI defense), call the team here at the Kraut Criminal & DUI Lawyers today for a free and systematic consultation.
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March 9, 2014

Beyond Mr. Checkpoint: How Else Can You Avert a Los Angeles DUI Charge?

by Michael Kraut

Recently, we discussed a controversial tool that’s divided the Los Angeles DUI community: a popular cell phone app called “Mr. Checkpoint.”

Mr. Checkpoint alerts drivers in real time to the presence of checkpoints throughout the Southland. The app has bloomed into a social media sensation. Sennett Devermont — the man who created the app — recently told the LA Weekly about his very peculiar experiences with DUI law. Devermont claims that one arrest led to his car’s impoundment, and police then took his two dogs to the pound. (Blood tests later totally cleared Devermont of wrongdoing.)

Rightly or wrongly, many Southlanders may be tempted to use Mr. Checkpoint to avoid police traps. But what other tools/strategies can drivers use to protect themselves from DUI arrests?

Here are four:

1. Plan ahead.

Every partygoer knows the rule: when you drink, arrange alternative transportation, such as a designated driver or a taxi cab. That’s sound, good advice. But this advice of “plan ahead” should be construed in a broader sense, too: become a student of your habits and proclivities.

When do you make bad decisions? What people influence you badly? When and why do you behave impulsively or recklessly? Understand your own idiosyncrasies. Pay attention to them.

2. Err on the side of caution.

If you have to ask yourself whether you’re at risk of driving DUI, just assume that you are. Be conservative. It just makes sense.

Think about it. Let’s say you’re technically at 0.04% BAC — half the legal limit, as defined by California Vehicle Code 23152. You decide to “ruin your night” and avoid following your friends to the next club. The next morning, you spend $50 to take a cab back to your car. Are those things inconvenient? Sure. But they pale in comparison to what could happen if you actually HAD BEEN over the limit — punishments could include jail time, fines, license suspension, the potential that you could seriously hurt or kill yourself or someone else, the list goes on. You don’t have to be a genius actuary to see the risk imbalance there.

3. Come up with simple rules to follow about drinking and partying.

Simple rules are easy to follow and easy to remember. Don’t overcomplicate or overthink this.

4. Deal with your current DUI.

If you’ve been arrested recently for a crime like DUI in Los Angeles, get in touch with an attorney at the Kraut Criminal & DUI Lawyers for sensible, sensitive insight into your case.
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March 6, 2014

Anybody Can Get Arrested for DUI Hit and Run – Even a 70-year-old

by Michael Kraut

Imagine a “stereotypical” Los Angeles DUI driver. You might be picturing a young man in his late 20s or early 30s. He returns from a party or a club, and cops pull him over on the 101 for veering across five lanes of traffic in five seconds. This driver is clearly a disruptive influence, and the cops need to get him off the road, stat.

But the actual catalogue of DUI offenders is far more diverse.

Consider, for instance, an Illinois hit-and-run DUI case involving a 70-year-old man from the town of Naperville. Local authorities say Mario Perea caused a DUI accident and then hightailed his way from the scene.

Perea allegedly rear ended another vehicle at a stop light on Route 71 and then fled. Fortunately, the accident didn’t cause any serious injuries. Police eventually caught up with Perea a few miles later and hit him with a battery of charges including: leaving the scene of an accident, DUI, improper lane usage, driving without insurance, transporting alcohol illegally and driving with only one headlight.

It’s a flawed, but very human impulse to flee a crime scene.

But what actually happens if you commit a DUI and then run away, according to California law?

California Vehicle Code Section 20002 outlines the punishments for misdemeanor hit and run in Los Angeles. This CVC will apply if you hit someone else’s property and then leave the scene without identifying yourself or providing information for another person to identify you later. Even if you didn’t cause the crash, you can still be liable per CVC 20002.

You do not have to exchange insurance info, per this code, however. That said, if you don’t, you could be in violation of a separate vehicle code section – 16025. That is a lesser offense — an infraction, rather than a misdemeanor. But you can still be whacked with a fine of $250.

So what are the punishments?

First of all, the California DMV will give you two points on your driving record. Secondly, you can face up to six months in jail, three years probation, fines and fees, and forced restitution to the person (or company) whose property you damaged.

How can you respond effectively these charges?

There are many ways to challenge CVC 20002 charges.

First of all, if you only damaged your vehicle — and not the other person’s property — there is no misdemeanor. Second of all, if you didn’t know that you had been in a collision, you can’t be liable. Third, if you weren’t the driver at the time (e.g. someone else borrowed your car and got into an accident), you can’t be liable.

Connect with the team here at the Kraut Criminal & DUI Lawyers today to get help with a precise strategy to combat your misdemeanor Los Angeles DUI hit and run charges.

February 28, 2014

Did Your Son’s Friend Get a DUI in Los Angeles?

by Michael Kraut

This Los Angeles DUI blog spends a lot of time talking directly to offenders and direct relatives of offenders.

But what if you’re concerned about a person who isn’t in your family? What if one of your teenage son’s good friends, for instance, got arrested for driving under the influence? What then? What should you do? What CAN you do?

Obviously, the answer depends on the context of the arrest. For instance, did your son do anything illegal or not? Was he hurt? Did he supply the alcohol that the other young man drank? How many people were arrested? Did charges include drug possession, hit and run, resisting arrest, etc? If your son faces charges also, you’ll likely want to retain an effective Los Angeles criminal defense lawyer at your earliest convenience.

On the other hand, you might want to consider another subtle danger that has to do with your son’s peer group. As adolescent psychologists will tell you, peers can profoundly influence on one another. If your son, for instance, hangs out with kids who are driving DUI in Los Angeles and engaged in other criminal activity, he will be much more likely to ape that bad behavior and get in trouble himself. As a parent, you have only limited control over your child’s behavior and decisions. But if you can get your son to stop hanging around with kids who break the law, that’s a great idea.

Obviously not every kid who gets arrested is a “bad seed.” And even the most brilliant, moral, sober-minded people make mistakes and go through challenging times. So you shouldn’t necessarily be prejudiced just because of this one incident. However, in general, pay attention to the peer group’s influence, and respectfully steer your son towards people who exhibit values that resonate with you.

For practical, nuts and bolts help with your (or your son’s) underage Los Angeles DUI defense, look to Harvard Law School educated lawyer Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut spent more than 14 years in the District Attorney’s office, prosecuting crimes, so he has a compelling and unique viewpoint on criminal defense cases.
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February 26, 2014

Justin Bieber Turns Up His Nose at Plea Deal in DUI Case

by Michael Kraut

Let’s say you’re pulled over for a Los Angeles DUI, after drag-racing on Olympic (between Bundy and Lincoln) in a rented Lamborghini — all while allegedly under the influence of marijuana, prescription medications, and alcohol. What if the police offered you a plea deal? You can clear your DUI, if you submit to drug testing, serve some community service, and complete an alcohol education course. Would you take the deal?

Many people would. Many people, in fact, would consider that deal rather lenient, particularly in light of the fact that the very act of driving under the influence can, under certain circumstances, lead to punishments like months behind bars, a lengthy license suspension, spikes in your insurance rates (which can cost you thousands of dollars over several years), and so forth.

And that’s if you didn’t hurt anybody or aggravate the situation by resisting arrest or refusing a breath or blood test.

Nevertheless, 19 year-old pop icon, Justin Bieber, just rejected a similar plea deal, stemming from his January 23rd arrest for allegedly drag-racing a Lamborghini while DUI in Miami. TMZ reports that Bieber decided that he will “not accept any plea that has probation” because he and his legal team worry that the “Baby” singer’s probation will turn into a spectacle and attract a lot of unwanted media attention and damage his brand.

The Florida State Attorney had been prepared to drop Bieber’s charges of DUI and resisting arrest, had he only agreed to perform 40 hours of community service and undergo testing for substance abuse. (In addition, Bieber would have had to install an interlock ignition device (IID) in his car for just three months.) Per the deal, Bieber would have had to attend a Victim Impact Panel and listen to stories of victims of DUI driving.

The ever cheeky TMZ insinuated that Bieber’s latest song – Broken – contains lyrics that speak tellingly to his situation: “I cannot be broken/they can’t take what’s mine/someone like me is hard to find.”

Further complicating an already messy situation, reports suggest that Miami Police had taken a video of the pop star peeing in his jail cell after his DUI arrest. TMZ reported that a source told the online tabloid “the stumbling and going to the bathroom is obviously reason enough for his attorneys’ request for it to be sealed… if I was trying to paint a picture that my client was innocent… I wouldn’t want a video of him stumbling around and looking out of it to go public either.”

Bonus Information: What If You Refuse Your Chemical Test?

Before a DUI arrest, you cannot refuse a chemical test, if you’re on probation or if you’re under 21 years old.

After you’ve been arrested for DUI, you MUST submit to a blood or breath test, no matter who you are (i.e. even if you’re over 21 and you’re not on probation). If you’ve been arrested under suspicion of drug DUI, you need to submit to a urine test.

For help understanding the dynamic nature of your charges and developing an effective defense, connect with the team here at the Kraut Criminal & DUI Lawyers today for a free, confidential consultation with Attorney Michael Kraut, a former deputy district attorney and Los Angeles DUI prosecutor.
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February 26, 2014

Finding Self-Compassion After Your Los Angeles DUI Arrest

by Michael Kraut

Your Los Angeles DUI charges have thrown your life totally out of balance. You’re not just worried about the immediate penalties – although you’d like to avoid jail time and losing your license, if possible. You’re also worried about the longer term ramifications for your life, career, and relationships.

•   If everyone at your office begins to think you of as a “DUI offender,” how will that affect your employment/promotion prospects?
•   Will people close to you forgive you, especially if you hurt someone while DUI?
•   Will you be able to move beyond the unfortunate event to build new relationships and enjoy life again?

The answers obviously depend on many factors, including:

•   The nature of your DUI crime (e.g. did you hurt someone while under the influence, or did you just get stopped at a checkpoint?);
•   Do you have other DUIs on your record?
•   Were you already struggling with career, relationship, money or self-esteem issues before the DUI?
•   How psychologically resilient are you?
•   Do you understand your potential DUI penalties and defense options?
•   Etc.

We live in a world where people like to categorize other people in black and white terms. He is either a “criminal” or an “upstanding citizen.” She is either “a good person” or “a bad person.” We create labels for other people and for ourselves, subconsciously and consciously. We do this despite the obvious reality that human beings fluctuate wildly, depending on variables such as our environment, level of sleep, cultural encoding, peer groups, financial stresses, age and life experience. In other words, we’re dynamic creatures who are trapped by our language to think of ourselves as more static than we really are.

This “cataloguing issue” causes problems in diverse areas of our lives, but it causes particular pain for DUI defendants. After all, when you start to use the language like “I’m a Los Angeles DUI defendant,” you begin to think of yourself as having certain attributes – a lack of ability to control behavior, a tendency to be wild, etc. Associations connected with the term “DUI driver” glom onto you. You start thinking of yourself that way, and people around you start to think of you that way. And that can be very damaging. The label obviously fails to represent, accurately, who you are, what you’re about, and even why you did what you did when you did it.

Finding compassion – and reframing your situation to reflect a more objective reality – is no small task. Fortunately, you do not have to go through this process by yourself. The experienced, ethical, and highly effective Los Angeles DUI criminal defense team at the Kraut Criminal & DUI Lawyers is on your side to advise you about best practices.