los angeles DUI defense

July 27, 2015

Would You Buy a Popsicle From This Man? [Ice Cream Man DUI]

It’s hard to imagine police arresting your friendly neighborhood ice cream man for a DUI in Los Angeles. However, police officers in one Oregon city had to perform that not-so-sweet duty one day in early July.

Residents of the Corneilus community had been accustomed to buying ice cream cones, popsicles and other frozen treats from Noe Andrade-Silva, age 38. They knew him by his distinctive ice cream sales vehicle, a 1994 Plymouth Voyager with a sliding door covered in colorful pictures of his products.

While neighborhood kids might have been keeping a hopeful eye out for Andrade-Silva on Friday, July 10th, adults in the area didn’t like what they saw his Voyager doing on the road. They called police, reporting that the colorful van had turned into oncoming traffic and had hit a curb twice.

Police pulled Andrade-Silva over, and the ice cream man allegedly failed several sobriety tests. Officers then took him to Washington County Jail after charging him with a DUI. Fortunately, the police did permit Andrade-Silva’s wife to take the van home, so that she could save the stock of ice cream treats that the vehicle carried.

In a related article on KATU.com, neighbors expressed concern about the ice cream driver operating under the influence in an area where so many children play. They thanked officers for responding so quickly and worried that, had Andrade-Silva’s truck gone out of control, neighborhood kids might have suffered injury.

It’s unlikely that Andrade-Silva will find many customers if he decides to return to that neighborhood. As one resident commented, “Nobody wants any DUI ice cream.”

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.

July 13, 2015

Two Strikes and He’s Out

by Michael Kraut

A good rule of thumb: if cops pick you up for a DUI in Los Angeles, don’t hit the road again before the intoxicating substance has left your bloodstream. If a West Virginia man had followed that advice, a teenager in that state might have avoided some unwelcome time at the hospital.

According to TV station WOWK in Charleston, police got a summons on July 6th to the vicinity of the Smiley Motel. A woman there told them that Randy Bailies was driving on Route 60 under the influence of alcohol. (It’s not clear whether she was Bailies wife or his ex-wife.)

The officers tracked Bailies down, pulled him over and found his blood alcohol content was .268, more than three times the legal limit. They booked him for DUI and released him—into the custody of a sober driver—after he posted a $600 bond.

That incident occurred around 9:30 a.m. Around 12 hours later, Bailies was driving along Route 62 near Poca City when he hit a teenager walking along the side of the road. Fortunately, the youth didn’t suffer life-threatening injuries, although he did end up at the hospital for treatment.

Bailies meanwhile fled the scene, but cops caught up with him at a gas station and arrested him. They charged him with DUI causing injury, leaving the scene of a crash with injuries and driving without insurance.

Under West Virginia law, Bailies could spend up to a year in jail, pay fines up to $3,000 and lose his license for a year if convicted of these two 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.

May 18, 2015

DUI Drivers Run Out of Gas and into Trouble

by Michael Kraut

Anyone who’s ever run out of gas while traveling knows just how much of a problem it can be to get the car to a safe place, call for help and wait until that assistance arrives. But if cops show up and discover that drivers have another problem—like enough alcohol in their systems to be arrested for a DUI in Los Angeles—those drivers are more likely to be headed to jail instead of to the nearest gas station.

Just ask Jason Kinthiseng of Cortland, New York. When his car ran out of gas around midnight on May 4th, he flagged down an officer who was returning from handling another call. It didn’t take Sergeant Christopher Marinelli long to figure out that at that moment Kinthiseng needed a breathalyzer test more than he needed gas for his vehicle. Kinthiseng’s blood alcohol content measured .18–more than twice the legal limit. The news story doesn’t mention whether or not Kinthiseng eventually got gas for his vehicle, but he did get a charge of aggravated driving while intoxicated.

Then there was 30-year old Jovanna Dawn Talks from South Dakota. Her running-out-of-gas incident not only yielded two counts of DUI but also three counts of abuse or cruelty to a minor and one count of hit and run.

Talks had her three young children–all under five years old–in the car with her when she rear-ended a 2001 Ford Edge at an intersection in Argus. Instead of stopping, Talks allegedly kept driving and got onto I-229, where she ran out of gas. It was 3:20 a.m. when the police found her and her kids in the car, resulting in the charges against her.

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.

May 6, 2015

DUI Driver Tries for Revenge with Fake Affair

by Michael Kraut

Some drivers pulled over for DUI in Los Angeles may fantasize about getting even with the cop who arrested them. They may be too impaired at the time of their arrest to realize this isn’t a good idea, but when the alcohol fumes dissipate their plans for revenge usually disappear as well.

That wasn’t the case with one Illinois man arrested on February 2 for DUI, reckless driving and fleeing police. The 37 year old driver threatened a local Sheriff’s Deputy, who corralled him on a road near Decatur Airport after a brief chase.

According to the Decatur Herald Review, the driver threatened revenge because his wife was less than pleased after receiving a call from her jailed husband. The driver told the deputy that he had ruined his life and his marriage.

So the driver tried to destroy the deputy’s marriage by faking a series of letters to the deputy’s wife. He pretended to be a female corrections officer who was having an affair with the deputy. At one point the driver even sent a pair of pink women’s panties to the deputy.

The deputy immediately alerted his superiors, who began an investigation. They finally traced the letters to the driver through an Easter card he sent asking him to take the supposed affair to the next level. After discovering that Walmart sold the card, investigators were able to use surveillance video and credit card information to link it to the driver.

Revenge will not be sweet for the driver, who has already lost his license for three years for refusing a breathalyzer test and faces DUI charges. Now he’s also looking at felony charges for threatening a witness and for forgery.

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.

April 22, 2015

Could Drinking Too Little Get You Arrested for a DUI?

by Michael Kraut

Getting caught driving after you’ve had a few too many drinks could land you in jail on a charge of DUI in Los Angeles. But apparently you could also be in trouble, at least as far as your driving abilities, if you drink too few non-alcoholic beverages before you hit the road.

Researchers at England’s Loughborough University found that motorists who were even mildly dehydrated made as many mistakes while driving as those whose blood alcohol content measure over the .08 mark. The study measured the responses of drivers who had only 25 millimeters (about .8 ounces) of water an hour.

Quoted in the British newspaper The Telegraph, Professor Ron Maughan said “There is no question that driving while incapable through drink or drugs increases the risk of accidents, but our findings highlight an unrecognized danger and suggest that drivers should be encouraged to make sure they are properly hydrate.’

According to the Leicester Mercury, too-thirsty drivers made 101 mistakes such as lane drifting, lane braking and touching or crossing lane lines. The number of mistakes went down to 47 when they drank sufficient water, which researchers said is about 6.8 ounces of water per hour.

This was the first study of how dehydration can relate to driving errors and accident risk, according to Maughan, who served as leader of the study and emeritus professor of sport and exercise nutrition at Loughborough University. Other effects of dehydration included impaired mental functioning, changes in mood, and reductions in concentration, alertness and short-term memory. (That does sound a lot like the effects of too much alcohol.)

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.

January 19, 2015

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

by Michael Kraut

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.

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 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.

November 20, 2014

Parallels Between Your Los Angeles DUI Arrest and the Comet Landing of the European Space Agency’s Philae Lander

by Michael Kraut

You’ve heard our Los Angeles DUI blog pound on the theme of “get help as soon as you can after a DUI” numerous times. Any credible attorney or authority who knows anything about California DUI law will tell you that you need to act rapidly to preserve your freedom and protect your options.

Nevertheless: many, many people recently arrested for the crime exhibit a lackadaisical attitude about the timeframe.

For instance, you only have 10 days after the arrest to contest the license suspension, after which time you may be forced to live without your driver’s license for months or longer. It’s understandable that you might be stunned by the rapid turn of events and overwhelmed by the potential legal ramifications. But when time is of the essence, you absolutely need to act.

It’s hard to get people to understand this theme, however, no matter how many different ways we (and others) bring it up and highlight the need for urgency.

Fortunately, recent news events have given us a golden metaphor to re-explain the problem.

Last week, the European State Agency (ESA) landed a small ship on a comet – the first time humanity has ever landed a probe on a comet. The 2.5 mile wide Churyumov-Gerasimenko comet is about 317 million miles from Earth, and it’s traveling at breakneck speeds of 84,000 miles per hour. Unfortunately, the probe encountered a few technical problems on its way down from its mother ship, Rosetta, and it was not able to clamp down to the surface of the comet.

Unsurprisingly, the gravity on the comet is much, much, much weaker than it is here on Earth. So when the probe landed, it bounced and then landed again in a shadow of a cliff on the comet. While the search for the final landing site is still ongoing, the lander is racing against the clock to meet as many of its core science goals as possible before the primary battery is exhausted.

Scientists had hoped that the probe would land in a sunlit place and be able to access solar power to continue its mission for longer. But now they have to act quickly or lose out on science that researchers have spent billions of dollars trying to procure. The point is that these researchers understand the dangers of failing to act in a timely fashion. When there is billions of dollars at stake and millions of eyes on you, you tend to take your job pretty seriously.

But the consequences of not acting in situations where action is required may not be so clear if you are the only person affected by delay. To that end, please contact the team here at the Kraut Criminal & DUI Lawyers to schedule a free and confidential consultation regarding your rights. An experienced Los Angeles DUI defense lawyer can help you understand your next steps and act rapidly and with clarity.