los angeles DUI defense

October 24, 2014

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

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 2, 2014

What Should You Do After Your Fourth Los Angeles DUI Arrest? [Hint: Don’t “Moon” the Police]

by Michael Kraut

One of the consistent themes we’ve discussed on this Los Angeles DUI defense blog is the tragic observation that drivers often make their legal situations far, far worse after getting stopped for DUI. We’ve covered stories about drivers who have attacked police, driven off in a panicked rage from a stop, and even charged through DUI checkpoints.

Unfortunately, one “bad night” can lead to a series of criminal charges, which can land you in jail for many months or even years, depending on what you did, whom you hurt, and whether you have a criminal record. To wit, consider the case of 49-year old Michele Ann Rivera of Coral Springs, Florida. Per a local paper, she and her husband, Stancel Ganus Kinsley, 68, had been driving home from Kinsley’s birthday in the early afternoon on Sunday, when some kind of “road rage” incident broke out. One motorist called the police and reported that Rivera had been winding all over the road on North University Drive in her Toyota 4Runner.

Allegedly, the 49-year-old got out from the driver seat and screamed at a driver for tailgating her. Meanwhile, Kinsley took the driver seat. Police alerted by the ruckus determined that both Kinsley and Rivera had symptoms of DUI, including bloodshot eyes, slurred speech and a distinct smell of alcohol. Authorities also allegedly found an open bottle of Vodka in her purse. Police put her through the paces of field sobriety tests, which she allegedly couldn’t complete. Police then arrested both her and Kinsley for DUI, at which time she apparently became abrasive and loud and mooned a police officer, yelling “this is the best you will ever have.”

In Los Angeles, if you are arrested more than three times in a 10-year period for driving under the influence, authorities can charge you with a felony, even if you committed what would ordinarily only be a misdemeanor DUI. To protect your rights and make smart strategic choices about your Los Angeles DUI defense, contact a lawyer with the Kraut Criminal & DUI Lawyers immediately to schedule a free and confidential consultation.

September 22, 2014

DUI Arrest for Woman with 7 Children in Car: Irresponsible Mom of the Year?

by Michael Kraut

Driving DUI in Los Angeles is a dangerous and scary act, always. It puts everyone on the road at considerable risk. When you get behind the wheel after drinking, you assume responsibility for what happens to other drivers, as well as to your passengers. In light of that, consider the case of an Ohio woman recently arrested for driving DUI with seven young children in her SUV.

That’s right: SEVEN children.

Not exactly an ideal situation.

September 10, 2014

3 “Don’ts” After Your Los Angeles DUI

by Michael Kraut

Perhaps police stopped you for DUI in Los Angeles at Wilshire and Rodeo, right after you closed a sweet deal with an international advertising client. Or maybe police arrested you at a checkpoint and hit you with your second DUI in 10 months. In either case, you’re in a bit of a panic.

You need sound advice, but you’ve been getting conflicting information not only from friends and family but also from your internet research. Instead of asking yourself what you “should” do after your DUI, reflect on these 3 things that you should NOT do.

1. Do NOT forget to document evidence or conversations that could be important to your defense.

What words, exactly, did the police officer say to you when he stopped you? What happened during your field sobriety tests and subsequent arrest? Did you notice anything about the breathalyzer tests (or other tests) that struck you as “unfair” or odd? If an accident happened, did you take pictures of the scene, keep a copy of the police report and collect witness statements? The more you document your situation, the easier it will be for your lawyer to figure out what happened and what might be the most appropriate defense strategy for you.

2. Do NOT panic.

You might feel unbalanced, scared, ashamed or angry about what happened. These are all normal feelings. But avoid reacting emotionally; you could make things worse. Some panicked drivers impulsively drive away from the police or leave the scene of accidents — these dangerous/illegal acts can lead to extra punishments. People also act impulsively days or even weeks after DUIs. For instance, let’s say you believe police stopped you unfairly. Out of umbrage, you refuse to go to your DMV hearing and thus lose your California driver’s license for months or longer.

3. Do NOT wait too long to connect with a Los Angeles DUI defense attorney.

An attorney, like the Harvard Law School educated Michael Kraut, may not be able to solve all your legal problems or even get your charges dismissed or plead down. But Mr. Kraut and his team can equip you with tools, resources and strategies to manage the chaos in your life and stay calm, focused, and even optimistic about your future.

September 3, 2014

DUI Driver Fatally Strikes Motorized Bicyclist in Huntington Beach

by Michael Kraut

Receiving a Los Angeles DUI can be a life-changing event, even if you hurt no one and avoid getting arrested on multiple charges. But the consequences become even more severe when the other party sustains serious or fatal injuries. A Huntington Beach motorist is now learning that lesson the hard way.

On September 1 around 6:30 p.m., a 55-year-old man was riding his motorized bicycle down Bolsa Chica Street, when a driver struck him near the intersection with Oahu Drive. Although multiple witnesses tried to help the injured man, he died shortly after admission to UCI Medical Center.

Police found a 2013 Mercedes-Benz C250 near the crash site and later arrested its driver, a 51-year-old Huntington Beach man, for a suspected DUI. Eyewitness accounts indicate the Mercedes struck the bicyclist while both were traveling southbound on Bolsa Chica.

In the state of California, DUI charges involving injury to another party carry significantly more weight than when no one has been harmed. The potential penalties for someone convicted of DUI with injury or manslaughter include:

〈 Higher degree of charges. Rather than a misdemeanor, a manslaughter or injury-related DUI is a felony charge that carries hefty penalties for each individual harmed or killed.

〈 Longer sentences. If convicted of a DUI with one or more injuries, you may face an additional 3-8 years in prison. Manslaughter sentences may be even longer, up to 10 years for each fatality.

〈 Loss of license. Injuring or killing another driver while intoxicated increases the likelihood of losing your license for an extended period.

〈 Job loss. Extended incarceration and a record of DUI with injury or manslaughter may lead a convicted individual to lose current employment or have difficulty gaining it in the future.

At the Kraut Criminal & DUI Lawyers, we understand the gravity of your Los Angeles DUI charges, especially when they coincide with the injury or death of another person. We can craft a powerful, strategic defense, regardless of the complexity of your charges.

August 25, 2014

Chief Keef Skips DUI Hearing, Faces Harsh Consequences

by Michael Kraut

Attending a Los Angeles DUI hearing is a stressful and sometimes frightening prospect. However, facing the hearing officer is a better idea than avoiding the situation altogether. Rapper Chief Keef is currently learning this lesson the hard way.

The 19-year-old Chief Keef’s predicament began in March 2014, when police pulled him over on suspicion of DUI. When a potent marijuana smell prompted officers to administer a sobriety test, Keef failed and was placed under arrest. Keef sustained additional charges for failing to provide proof of insurance and driving on a suspended license.

The troubled rapper’s previous legal problems include involvement in a shooting, rehab stints, and child support disputes. Perhaps his aversion to the law is what caused him to skip his August DUI hearing. Currently, a warrant for Keef’s arrest is pending, and authorities plan to arrest and hold him on $50,000 bail.

In California, the DUI hearing is an important procedure, setting the tone for the remainder of the court process. The accused may choose a phone or “live” hearing, the latter of which gives him or her the best chance of presenting a compelling legal defense. A DUI attorney and witnesses may speak for the defendant, as well.

Missing a DUI hearing not only gives you no chance to state your case, but it also shows disrespect and disregard for the legal process. Should you choose to skip the hearing, you may be arrested and held until your arraignment. Further risking your freedom is an unwise way to begin a defense.

The Los Angeles DUI attorneys at the Kraut Criminal & DUI Lawyers understand how intimidating a DUI hearing can be; in fact, attorney Michael Kraut once acted as a prosecutor in such cases in his role as Senior Deputy District Attorney. Rather than running away from the court, contact us today to learn how we can put our knowledge of California law and experience with DUI cases to work for you.

August 13, 2014

Will “Big Data” Change the Way We Deal With Los Angeles DUI Arrests?

by Michael Kraut

Even though you’ve recently been arrested for Los Angeles DUI, you want to keep the Southland streets and freeways safe and to clamp down on dangerous driving behavior.

In fact, the odds are high that you are a first time offender who only got a misdemeanor — that is, you didn’t seriously hurt or kill anybody else or engage in other reckless behaviors, like hit and run. Odds are also high that you are, generally speaking, a law abiding citizen who never in a million years thought you would wind up sitting in a police station, getting your mug shot taken. You also have a vested interest in eradicating the problem of DUI driving. So what can be done? And what can you do?

We’ve actually come a long, long way with respect to managing our collective DUI problems. In the 1950s and 1960s — before widespread public safety campaigns warned about the dangers of DUI driving — alcohol related accidents caused many more deaths and injuries, relative to the number of cars on the road and miles driven. More people drive today, but fewer people die and get seriously hurt in accidents, at least on a per-mile basis. We are making progress.

That said, when you analyze accident statistics collected over the past 5 to 10 years, it’s clear that we’ve hit a plateau. So how can we reduce the number of DUI incidents further? As Albert Einstein famously noted, you can’t solve problems with the same mindset that created them. A shift in perspective can lead to inspiring new solutions to old, prickly problems.

To that end, what “new solutions” might be able to help us?

Big Data — A Tool for DUI Prevention?

Per Moore’s Law, our computing power continues to increase at an amazing rate, year after year. This means that our ability to simulate traffic safety issues on the computer is also improving. It’s at least conceivable that better data may ultimately make our roads much safer.

For instance, by using certain types of computer analyses, we may be able to figure out which types of DUI drivers are most at risk for becoming recidivists and develop appropriate interventions.

Perhaps a study might show that a DUI driver who fails to complete all his alcohol education classes will be three times more likely to get arrested again for DUI than will someone who completes the program. If that’s the case, maybe a “flag” could automatically go up when a driver misses more than two classes to alert educators to get the student back into the program.

Solutions don’t have to be punitive! The more we understand what drives people to break DUI laws — as well as what keeps them in line — the less we’ll have to rely on brute force methods like jail time and license suspensions.

Of course, you’re probably much more concerned about how to build your defense than you are in these grander issues. For help responding effectively to your Los Angeles DUI charges, call or email the Kraut Criminal & DUI Lawyers today. Mr. Kraut is an ex-Deputy District Attorney for Los Angeles; he leverages his Harvard Law School education and connections with people in the Southern California legal defense community to help his clients.

August 11, 2014

Los Angeles DUI Disasters: What Happens When Double-Decker Buses and Ambulances Crash?

by Michael Kraut

Picture a “standard” Los Angeles DUI arrest in your mind’s eye.

You might imagine a driver in a Honda Accord getting escorted into a squad car after a nasty wreck on the 405 or the 101. Or you might picture a Hollywood exec in a BMW stopped at a checkpoint on Sunset after a raucous night out with some potential clients.

You probably do NOT picture a double-decker bus toppled over or an ambulance spun out of control.

But people drive DUI in all sorts of vehicles, including, boats, lawnmowers, and even jerry rigged contraptions that defy classification.

Let’s analyze two such events that were recently in the news.

First, a spectacular DUI-related bus crash rocked New York City. Fortunately, the accident did not cause life threatening injuries, but it certainly created a big ruckus in the Big Apple. The double-decker bus driver smashed into a plaza on Times Square and hurt over 15 people, three of whom suffered serious injuries. Fortunately, no one died.

Authorities arrested 58-year-old William Dalembert, charging him with a DUI. According to reports, Dalembert has a checkered driving history, including a record of multiple license suspensions over the years as well as administrative infractions.

Meanwhile, closer to home in Orange County, a crash at the intersection of Garden Grove and Beach Boulevards between an ambulance and a vehicle in the town of Stanton led to the hospitalization of four people as well as an arrest for DUI. A preliminary investigation led authorities to blame 27-year-old John Dantzler; they booked him on DUI charges and held him on a $100,000 bail. Again, by the grace of God, no one died or suffered critical injuries; things could have been much, much worse.

Do people who drive vehicles like ambulance, double-decker buses, trucks, fire trucks, government vehicles and school buses have special safety responsibilities? Can prosecutors hit them with special punishments for DUI?

The answer depends. Drivers of specialty vehicles can be held to higher standards. Depending on what happened, they can lose special licenses, get fired, face enhanced fines and fees, and more.

No matter what kind of Los Angeles DUI charges you face — or how complicated the matter seems to be – the team here at the Kraut Criminal & DUI Lawyers is here to help you make sense of what happened and develop an appropriate response. Call our offices now to schedule a free consultation.
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July 28, 2014

Alabama Football Player Accused, California Rapper Exonerated of DUI Charges

by Michael Kraut

Drivers facing Los Angeles DUI charges may not relate to the high-profile status of the individuals in these recent news stories, but they can certainly relate to their legal situations.

On Sunday, July 3, Tuscaloosa police arrested Jarran Reed, Alabama defensive lineman, and charged him with DUI. The North Carolina native recently transferred to Alabama from East Mississippi Community College and had high hopes for receiving playing time in the upcoming season.

Unfortunately, Reed isn’t the first Alabama player to face criminal charges since last season ended. Little Rock, Arkansas, police cited another running back, Altee Tenpenny, for possessing a controlled substance back in April.

July 9, 2014

Chappelle’s Show Star, Donnell Rawlings, Caught Driving DUI in Manhattan

by Michael Kraut

Those facing Los Angeles DUI charges are now in the company of yet another celebrity. Donnell Rawlings, a comedian who appeared on Chappelle’s Show, was arrested at 3:30 a.m. on Friday, July 11 in New York City.

Rawlings, who became famous for the “Ashy Larry” character he portrayed on the Comedy Central variety show, was driving the wrong way down a Manhattan one-way street, when police stopped him and conducted a breathalyzer test. According to authorities, his blood alcohol content was more than double the legal limit for driving in California.

Despite the inherent hazards of wrong-way driving while under the influence of alcohol, law enforcement apprehended Rawlings before he could cause any damage or injuries to himself or to others.

This incident represents the latest in a long history of celebrity DUI arrests. Although some individuals may believe public figures enjoy immunity from consequences for such offenses, the reality is much different. Like any other citizens, celebrities arrested for and convicted of DUI driving experience serious legal consequences, as well as damage to their public reputations.

California Vehicle Code section 23152 does not discriminate between celebrities and “ordinary people” when it comes to defining the penalties for driving under the influence. Regardless of one’s profession, income, or personal connections, DUI presents serious risks and consequences to drivers.

In addition to jail time, individuals convicted of DUI may receive community service, probation, fines, and license suspensions. With repeated offenses, the penalties increase. Whether a driver works at a fast food establishment or on a hit television show, his arrest and conviction records indicate a lack of judgment and can lead to problems with employment and reputation.

A qualified Los Angeles DUI attorney possesses extensive knowledge regarding California law and can help individuals present an effective defense. The Kraut Criminal & DUI Lawyers offers free consultations for those facing DUI charges. Contact us today to learn how we can help.