los angeles dui attorney

January 27, 2016

Judge Refuses Pleas in DUI Cases

Pity the poor judges who have to spend multiple hours in court each week hearing cases involving DUIs in Los Angeles. The stories they hear about deaths and destruction caused by people driving under the influence are often devastating.
One judge in Laramie County, Wyoming, has had enough. A recent article in the online Wyoming Tribune Eagle reported that Judge Steven Sharpe is taking a hard line when it comes to plea deals for drivers accused of DUI. When faced with a repeat offender, he now won’t accept a deal unless it includes some jail time for the driver.

In a case highlighted by the Tribune Eagle, Jeremy Shutt, now 28, had appeared before the judge last year on his fourth DUI charge in four years. Under Wyoming law, that would make Shutt’s latest arrest a felony, which meant incarceration time.
Shutt’s attorney had negotiated a plea deal with the county: five years of probation, with three to five years in prison if Shutt failed to live up to his end of the bargain (i.e. stay sober and stay out of trouble). But the judge, noting that Shutt had spent only a single day in jail on this latest charge, said that wasn’t enough. He’d keep Shutt out of state prison, but only if Shutt agreed to spend 120 days in jail.

January 15, 2016

Courts Rule For and Against Accused in Two DUI Cases

by Michael Kraut

The results of court cases in other states may not directly impact the outcome of Los Angeles DUI arrests, but they sometimes indicate the direction in which the judicial wind is blowing across the U.S.

The State of Georgia has already made it harder for prosecutors to win DUI convictions because of a ruling that people suspected of DUI may be too intoxicated to give their true informed consent to a breathalyzer test. Now an administrative law judge has thrown out the state’s attempt to suspend the license of a driver accused of DUI.

Atlanta Police Officer Justin J. Brodnik pulled David Leoni over for exceeding the speed limit by 20 miles per hour. The officer smelled alcohol on Leoni’s breath and noticed that his eyes were watery. (Leoni said he had just woken up from a nap.)

Despite the fact that Leoni answered questions without any difficulty and didn’t have trouble passing a balance test, Brodnik arrested him for DUI. That meant the Department of Driver Services automatically suspended his license. The law judge ruled that the watery eyes and a moderate smell of alcohol weren’t enough to prove that Leoni was impaired, so he ordered the state to restore Leoni’s license.

November 27, 2015

Teachers Need Education on DUI

by Michael Kraut

Students who take drivers education in the Southern California area hear numerous warnings during their classes about the dangers of DUI in Los Angeles. But sometimes the teachers of these classes ignore their own good advice.

Take the case of 51-year-old, Richard Bull. The Fort Myers, Florida, CBS affiliate WINK reported on that when Bull attempted to pull into a McDonald’s parking lot in Alva, Florida, his vehicle jumped the curb and landed up in a ditch alongside the fast-food restaurant. When Lee County deputies reported to the scene, he allegedly compounded his problems by trying to convince them that someone else was driving his car and had taken off when they approached.

This scenario would have embarrassed anyone (once they were sober again), but the real problem in Bull’s case is that he teaches driver’s ed at the local Riverdale High School. He was even wearing a school tee shirt when arrested. The Lee County School District said that while it doesn’t fire teachers for DUI, it will probably reassign the (now former) driver’s ed teacher.
Even if they don’t teach driver’s ed, educators are expected to set a good example behind the wheel. But in Williamson County, Tennessee, a finalist for the state’s Principal of the Year got in trouble when he crashed his car in late October, causing some property damage.

November 25, 2015

Holiday Survey Highlights Attitudes Towards DUI

by Michael Kraut

Would you be able to tell if someone you knew was at risk for a charge of DUI in Los Angeles? Would you take away a friend‘s or a guest’s vehicle keys if you felt they had consumed too much alcohol to drive?

Just in time for the holiday season, The Foundation for Advancing Alcohol Responsibility released the results of a national poll it took in September 2015. The purpose was to gauge American’s alcohol awareness.

Apparently Americans still have a lot to learn. More than half of all adults in the U.S. (63 percent) don’t know that the legal limit for blood alcohol concentration in their state (and in every U.S. state) is .08 percent.

October 28, 2015

The Day Before Thanksgiving: Why It’s Such a Dangerous Time for Los Angeles DUIs

by Michael Kraut

As the holiday season approaches, most people are looking forward to Thanksgiving turkey, Christmas presents and 2016 fireworks. But a small percentage of people will face unpleasant surprises, such as Los Angeles DUI arrests. Believe it or not, DUI arrests are not spread out evenly throughout the year. Some days are actually more dangerous for DUIs than others.

Statistical analyses have revealed, for instance, that major national holidays, such Memorial Day weekend, Labor Day weekend, the 4th of July, Super Bowl Sunday and New Year’s Eve tend to be more dangerous than average days. In a recent post, we talked about confounders that make easy explanations for this phenomenon hard to identify.

(The “too long; didn’t read” of it is this: just because you notice an ASSOCIATION between two variables — holidays and DUI arrests, for instance — doesn’t mean that you can know what CAUSES what.)

In any event, these analyses, for whatever reason, show that the day before Thanksgiving tends to be a particularly dangerous time. Thanksgiving is also dangerous, but it’s not as dangerous as the eve of Thanksgiving.

Why is this?

One theory is that college students home for break often spend the night before Thanksgiving out with friends, partying. During Thanksgiving, they stay at home with their families and eat and drink inside. But the night before, they go out to bars. Although parents don’t want to hear this, statistics show that children who go off to college often experiment with alcohol and drugs in a fairly predictable manner, even though it’s illegal for minors to do so.

Driving DUI under any circumstances can get you into serious trouble, leading to license suspension, hikes on your insurance rates, and jail time. But driving under the influence while under the age of 21 can lead to special punishments, and the legal system is less lenient. For instance, a minor stopped with a BAC of just 0.05% could lose her license, even though that BAC would be under the legal limit for an adult.

The experienced Los Angeles DUI defense attorneys at the Kraut Criminal & DUI Lawyers would love to learn more about what you are going through and help you develop a sound strategic plan.

October 14, 2015

How Much Marijuana Before It’s a DUI?

by Michael Kraut

Eleven U.S. states have now legalized or decriminalized marijuana. California, which approved of the use of the drug for medical purposes, also seeks to legalize the drug completely in the next few years. But the move to legalization raises the question of how marijuana impacts a driver. How much THC (the active ingredient in marijuana) would have to be in the bloodstream before police could charge someone with a DUI in Los Angeles?

A Florida state legislator, Dave Kerner of Lake Worth, believes that there should be a standard for determining marijuana intoxication when it comes to driving, just as there is a blood alcohol content for people who drink. He thinks that at 5 nanograms of active THC in the bloodstream, the courts should presume that the person is driving under the influence of cannabis.

Kerner introduced a bill into the Florida Legislature to make this standard the law in the Sunshine State. He named the bill the Naomi Pomerance Victim Safety Act in honor of a 16-year-old girl killed in a crash caused by a person high on marijuana. Kerner isn’t a marijuana opponent, however; he supports medical marijuana.

Other states are addressing this issue as well. Colorado, where marijuana is legal, already has a law that presumes that someone is operating under the influence if the THC level in the bloodstream is 5 nanograms or higher.

The National Highway Transportation Safety Administration says that data from road traffic arrests and fatalities indicate that after alcohol, marijuana is the most frequently detected psychoactive substance among drivers. Marijuana has been shown to impair performance on driving simulator tasks and on open and closed driving courses for up to approximately 3 hours.
“Decreased car handling performance, increased reaction times, impaired time and distance estimation, inability to maintain headway, lateral travel, subjective sleepiness, motor incoordination, and impaired sustained vigilance have all been reported,” according to the NHTSA. The organization has not taken a position, however on the use of THC levels to measure driver impairment.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.

October 12, 2015

DUI Drivers Who Demand Attention – Setting Off Fireworks Is Not a Way to Lay Low

by Michael Kraut

Intoxicated drivers trying to avoid charges of DUI in Los Angeles should always try to avoid calling attention to themselves. If they attract the eye of a police officer, a pedestrian or another driver, they may find themselves spending several hours in jail. One man in California and two men in Delaware learned this lesson the hard way.

In San Manteo County, California, 25-year-old Daniel Moran probably couldn’t have found a better way of getting the police to come to him. When he set off fireworks around quarter to four in the morning of October 3rd, neighbors complained to authorities because they thought someone was shooting a gun. When sheriff’s deputies arrived they found that Moran didn’t have a gun, just fireworks. But they claimed he was intoxicated and driving under the influence and charged him accordingly.

In Newark, Delaware, police officers found 57-year-old John R. Owens passed out in a school bus parking lot. Owens had driven his Dodge Caliber into the parking lot of the First Student Transportation bus yard and hit one bus before exiting the yard. Apparently not satisfied with this first attempt, he drove back into the yard, hit a fence, and promptly passed out. Although Owens wasn’t injured in the crash, emergency medical personnel had to remove him from the car. They then transported him to the hospital to get checked out.

Getting arrested for DUI appears to be a habit for Owens; it was the seventh time he’s been up on these charges.

Meanwhile, in the southern part of the state, Samuel E. Pu Tzoy hit a Jeep Cherokee—causing it to flip several times—before crashing into the rear of a Lewes Police Department vehicle. Pu Tzoy got a great deal of attention thanks to this accident, and he now faces a great many charges. They include vehicular assault, driving under the influence of alcohol, leaving the scene of a collision resulting in injury, failure to stop at a stop sign, driving without a valid license, disregarding a police officer’s signal, reckless driving and other traffic offenses.

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.

September 21, 2015

Missing Tires Result in DUI Arrests

by Michael Kraut

Note to drivers who want to avoid an arrest for a DUI in Los Angeles: Try to make sure that your vehicle has all its parts before you get on the road. A lack of important features—like tires–are a dead giveaway that you may not be operating at peak performance.

In Libertyville, Illinois, on September 5th, police arrested 20-year-old Lizette Diaz, who was driving a vehicle with no front tires. According to the Libertyville Patch, Diaz was making a U-turn and the wheel wells of her vehicle were dragging on the ground. Charges against Diaz included DUI, operating a vehicle with unsafe equipment, improper lane usage and driving an uninsured motor vehicle.

September was a busy month for driving under the influence and without tires. In San Antonio, Texas, Flor Rios headed to the nearby drive-through lane of a Whataburger fast food restaurant. But she had apparently forgotten that her SUV was missing a front tire. Police pulled her over and discovered an open container of beer in the vehicle. When they took her to the hospital to get a BAC blood test, Rios attacked the person trying to draw her blood. Officers eventually charged her with DUI and harassment of a public officer.

Police in Owatonna, Minnesota probably did a double-take before they picked up 33-year-old Bethany Brogan on DUI charges. Brogan was traveling in her car on Cedar Avenue with the right front tire detached and rolling alongside. When officers caught up with her, they discovered she smelled like alcohol and found an open alcohol container inside her car. Her blood alcohol content came back at .283, more than three times the legal limit.

In Levittown, Pennsylvania, it took several police cars to catch up with Rodney Kolison, whose Mitsubishi Gallant had only three tires. Officers said Kolison admitted that he had smoked marijuana earlier in the day.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

September 14, 2015

DUI Driver Appeared Threatening Even While Asleep

by Michael Kraut

Pulling over and taking a nap instead of operating a vehicle might appear to be a good way to avoid charges of DUI in Los Angeles. But people who decide to try this approach might want to double check what else is in the car before they close their eyes for some restorative sleep.

A driver from Colorado Springs, Colorado, will likely remember that precaution if he ever again gets the urge to take a nap after imbibing alcohol. The driver actually made several mistakes. He pulled into the parking lot of a youth sports complex early one Saturday morning in September but failed to turn off the motor of his truck. That attracted the attention of a nearby resident, who became concerned after the truck remained parked with the engine running for more than 90 minutes. When she peeped inside the window, she saw the man passed out with a can of beer between his legs and a gun (later identified by police as a nine-millimeter handgun) by his side. She alerted police, who rushed to the scene.

The driver is obviously a heavy sleeper. TV station KOAA 5 reported that police initially tried to wake him using a public address and their sirens. When that didn’t work, they ended up pulling him out of the car, using shields to protect themselves. They charged him with DUI and prohibited use of weapons.

At least Timothy J. Seeden of Lisle Village, Illinois, didn’t have a gun or an open alcohol container when police caught him napping. They found the Lisle village clerk, who is also a Boy Scout official, sound asleep in his car on a roadway. Police officers said he smelled like alcohol and admitted he had been drinking. Seeden, who has two DUI convictions dating back to the mid-1980s, will face new charges of DUI and driving without insurance.

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.

August 24, 2015

3 Reasons Why the Hot Summer Months Compound the Dangers of Driving DUI in Los Angeles

by Michael Kraut

Driving DUI in Los Angeles can result in a veritable smorgasbord of problems — legal, personal, financial and even emotional. These might include license suspension, forced installation of an interlock ignition device in your car, jail time, rising insurance costs, loss of employment (because you no longer have a car to drive to work), feelings of depression and doubt, legal and court fees, and so forth.

The hot and sultry months of summer in Southern California can actually exacerbate both the dangers of driving DUI and the after effects of an arrest. Here are 3 reasons why:

1. Commuting without air conditioning in the summer can drain your energy and put you at health risks.

Traveling in an un-air-conditioned vehicle (or going by foot or by bicycle) can expose you to the elements, which can be quite uncomfortable on days when it crests 100 in the Valley and can put vulnerable individuals at risk for dehydration and heat stroke.

2. During the summer, more kids are out of school; thus, more party-going teens are driving on freeways and surface streets.

Obviously, it’s dangerous to drive DUI. But it’s even *more* risky to do so when other drivers on the road are also engaging in wild behaviors or activities. For instance, it’s safer to be the only crazy car on a road full of defensive, sober, attentive drivers than it is to drive DUI on a road filled with kids on summer vacation who are on their phones and drinking and doing who else knows what else.

3. The long days of summer can trick you in thinking that you are not as tired as you actually are.

In Los Angeles, the difference in the length of days between summer and winter is not as severe as it is in more northern latitudes. However, the lengthy days can lead us to feel alert when we are really actually pretty exhausted. If the sun is still beaming at us at 7:30 at night, we might subconsciously think “it’s day time,” even though our bodies are exhausted. Unrecognized fatigue can compound the dangers of DUI driving plus increase risk of things like accidents and bad judgment after a stop.

Do you need help defending against a serious charge? Call a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately.