los angeles DUI defense

July 7, 2014

Do Los Angeles DUI Field Sobriety Tests “Tell the Truth”?

As someone who recently had to endure a field sobriety test for Los Angeles DUI, you can attest to the surprising challenges that you endured:

•   The humiliation of being made to “walk the line” on the side of the road, while other drivers passed and gawked at you;
•   The fear that you were going to fail your breath test and rack up a DUI charge, per California Vehicle Code Section 23152;
•   The anxiety as you contemplated the potential punishments for a conviction, including a mandatory interlock ignition installation, jail time and driver’s license suspension.

At the end of the day, you didn’t exactly pass your FSTs with flying colors, and you may have also failed a breath and/or blood alcohol test.

FSTs are inaccurate, sometimes very misleading gauges, though:

1. Bloodshot eyes – alternative explanations.

Having bloodshot eyes is a symptom of being DUI. But it’s also a symptom of being fatigued, sick or irritated by allergens. You could have sand in your eyes. Or an accident or a sudden stop might have caused the blood vessels to burst in your eyes.

2. Failure to pass the walk the line test – alternative explanations.

If you lose your balance while trying to walk on the line, that could indicate that you were driving DUI, but it could also indicate that you just generally have a bad balance or that you have an ear ache or ear infection. Or maybe you are just a generally uncoordinated person. Maybe you were confused by the slope of the road or by the shadows, and you stumbled. Perhaps you DID walk the line, but the police incorrectly recorded that you stumbled.

3. Slurred speech and having trouble following directions – alternative explanations.

If you slur your speech and you can’t understand and/or abide by police directions, you might be DUI. Or you might be exhausted, emotionally overwhelmed or sick. Or you might have a speech impediment or difficulty hearing. Perhaps the police pulled you over on a very loud section of the freeway, and you couldn’t hear the instructions over the roar of the traffic.

For help managing the aftermath of your Los Angeles DUI crisis, call attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today for intelligent, compassionate, thorough assistance with your charges. Mr. Kraut is a Harvard Law School educated attorney who racked up a success rate at jury trials of over 99%, when he worked in the Deputy DA’s office.

July 3, 2014

Woman Arrested for DUI; Drags Cop by Her Car into Telephone Pole

by Michael Kraut

Fortunately for police, most Los Angeles DUI arrests are not dramatic and do not threaten the life and limb of the people involved in the process.

That’s not always the case.

For a spectacular example, we turn our sites to Atlanta, Georgia, where on Monday, a local woman named Anna Dittmer was involved in a catastrophic, freakish accident that sent a police officer to the hospital and left Ms. Dittmer with plate full of criminal charges.

Local officers said they saw her vehicle stopped next to some railroad tracks in the Northwest section of Atlanta. They had reason to believe she was impaired, so two officers approached her. Meanwhile, a train approached at that very moment and blew a warning sign, which woke Dittmer up. She allegedly saw the police come for her and tried to hightail it out of there.

Officer Kevin Thigpen reached in to try to stop her, but she took off and dragged him along with her car and then smashed into a telephone pole. Fortunately, Thigpen survived, but he did suffer abrasions and lacerations over all his body as well as a broken left hand. Medics treated him at Grady Memorial Hospital in Atlanta.

Other officers, meanwhile, arrested Dittmer on a laundry list of charge, including: reckless driving, driving on a suspended license, possessing methamphetamines, felony obstruction, aggravated assault, giving a false name to police officers, causing a serious injury with a motor vehicle, and drug DUI.

Prior to the incident, police had a warrant out for her arrest on possession of dangerous drugs.

The whole situation is obviously very sad and disturbing. Just a charge of hurting someone while DUI can elevate a standard misdemeanor (per California Vehicle Code Section 23152) to a much more serious felony charge (per California Vehicle Code Section 23153).

And if you hurt a police officer, drove on a suspended license, or did any of the other crazy things that this Atlanta woman allegedly did, your charges can be more intense, and your defense can become more complicated.

No matter what charges you face, you can turn to the team here at the Kraut Criminal & DUI Lawyers for effective, fair and responsible Los Angeles DUI defense help. Call or email us now for assistance.
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June 25, 2014

After Your Los Angeles DUI Arrests: Should You Voluntarily Install an IID Device in Your Car?

by Michael Kraut

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

June 20, 2014

Two Pretty Disturbing (and Also Poignant) DUI Stories

by Michael Kraut

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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June 11, 2014

Former Florida Trooper Forgives Recaptured DUI Fugitive

by Michael Kraut

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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June 9, 2014

Florida DUI Fugitive Found in Panama after 10 Years

by Michael Kraut

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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May 21, 2014

When an Officer Asks for Your License After a Los Angeles DUI Stop, Don’t Give Him a Receipt for Vodka [Like This Woman Did]

by Michael Kraut

Quick quiz: let’s say an officer stops you on suspicion of driving under the influence in Los Angeles and asks to see your license and registration. Should you:

A) Give him or her your license and registration?

B) Give him or her a receipt for a bottle of vodka that you just bought?

If you answered A, you are correct.

If you answered B, you might want to reexamine your beliefs, in light of what happened to 60-year-old Brenda Drinkwater (her real name), of Revere, Massachusetts.

According to reports, officers said that Drinkwater had been driving the wrong way on Summer Street late Monday afternoon, forcing other cars off the road. Police Chief, Fredrick Ryan, pulled her over and asked to see her license and registration… which is when she handed him a receipt for a bottle of vodka she had just purchased.

Per news reports: “[Ryan] then saw an open bottle of vodka in her passenger seat and could clearly smell the odor of liquor on her breath.” He put her through the paces of field sobriety tests, which she allegedly failed, and arrested her for driving under the influence – her 7th lifetime DUI.

Drinkwater also faces charges of not keeping to the right, drinking alcohol from an open container, and negligently operating her vehicle with endangerment. She was held without bail until a hearing on Friday.

It’s easy for the general public to laugh or scoff at someone for getting 7 DUI arrests. And no one — not even the most staunch DUI defense advocate — wants to see driver who have been convicted six or seven times for DUI driving wildly all over the roads. There needs to be a balance.

That said, most people want the punitive solution for recidivists. They labor under the impression that these people “can’t help themselves” and “are hardened criminals” who “don’t care about themselves or the society.” These judgments are hurtful, and they don’t necessarily stop the problem. Obviously, we need to keep the roads safe and prevent DUI drivers from hurting people and themselves. But we also owe it to ourselves to find more compassionate, inventive and successful ways of keeping the streets safe.

For help developing a smart, effective defense to your charges – and to rebuild your life following your arrest – contact a Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers right now. Schedule a free consultation with Harvard Law School educated attorney Kraut.
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May 5, 2014

A Quick Thought Experiment about Your Los Angeles DUI

by Michael Kraut

As someone who’s been arrested for the crime of driving under the influence in Los Angeles, you’ve already spent a quite a lot of mental energy figuring out how you’re “going to deal with this” in a constructive fashion. You’ve potentially imagined worst case scenarios – i.e. massive jail sentences, huge spikes in your insurance rates, the loss of your job, etc – as well as positive outcomes – e.g., getting the charges dismissed altogether and even getting a letter of apology from the police for inconveniencing you.

But just imagine for a second what would have happened, if the police hadn’t stopped you that night?

What if you hadn’t been pulled over or busted at a checkpoint? How would your life be different? Would you be as concerned about your driving habits and/or proclivities to consume alcohol and/or prescription medications? Would you be as alert as you are now to your possible bad habits?

The reason why it’s good to run through this thought experiment is that it can help reframe your Los Angeles DUI arrest in a slightly more positive light.

Even if you wind up serving jail time and suffering other slings and arrows doled out by the court system, your arrest can still be an object lesson. After all, you survived the experience. Many people who drive DUI don’t. So no matter what happens, you’re getting a second chance. If you can view your DUI defense as an opportunity for self growth and improvement – as difficult and perhaps absurd as that may sound – it will help you not just psychologically but also logistically. After all, assuming you did commit a crime, the court will want to see that you’re committed to turning yourself around — to becoming a safer and more responsible driver.

Do not make your defense decisions in a vacuum, however.

Let the Kraut Criminal & DUI Lawyers guide your progress and ensure that you follow a coherent, cogent legal strategy. Attorney Kraut is a former prosecutor who attended Harvard Law School. Local and national news organizations, such as KTLA News, The New York Times, and the Los Angeles Times, often consult him for his deep insight into the Los Angeles DUI defense process.
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April 23, 2014

Two Insane, Unrelated DUI Incidences — a Drag Race Car Flip and a Fast Food Drive-Thru (Literally)

by Michael Kraut

Most Los Angeles DUI incidences don’t make the news because they are mundane and commonplace. Cases involving celebrities, politicians, athletes, etc., do get media attention, but some of the most interesting cases are also the most bizarre events.

Today, we’re going to look at two such “wild DUI” crashes.

The first occurred in Urbana, Illinois, when 47-year-old Leslie Srajek allegedly drove her car into McDonalds. No, she didn’t use the drive-thru to order food. She literally “drove through” the restaurant, knocking over a booth and a table as she tried to extract her vehicle.

Rescue workers took her to the Carle Foundation Hospital, and authorities later hit her with charges of driving without license and DUI. She faces a court date on May 16th. Her Honda Coupe was destroyed in the crash.

Kate Garbacz, an eyewitness, described what happened in detail: “The Honda was close to a stop, then [Srajek] gunned it and crossed into the McDonald’s parking lot entrance and accelerated quickly… It looked like [she] accelerated, cut the wheel, no slowing, no attempt at stopping, just boom, straight in … She went over that parking hump and the sidewalk and literally took out that whole wall. The car was three-quarters of the way into the dining room.”

Fortunately, no one in the restaurant was injured.

Meanwhile, out in South Dakota, a local man named Heith Jibben lost control of his vehicle while drag racing another driver on a local road. During the “race,” Jibben’s Taurus hit a white SUV, causing the car to flip over three times, like something out of The Dukes of Hazzard. Authorities took the SUV driver to the hospital: fortunately, he suffered non-life-threatening injuries. Jibben reportedly tested at a BAC level of 0.167 percent – that’s more than double the legal limit in SD and here in Southern California.

Jibben collected his fifth lifetime DUI arrest.

In Los Angeles, if you are convicted multiple times of DUI within a 10 year period, your punishments can become quite intense. For instance, a first time offender (for a misdemeanor) may face just a few hours to a few days behind bars. A third time offender, meanwhile, can face up to 180 days behind bars (minimum); and prosecutors can even ask that what normally be a misdemeanor charge be elevated to a felony charge.

For help understanding what to do to construct a defense to your Los Angeles DUI charges, call attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a former city prosecutor (senior deputy district attorney) with close relationships with many people in the Southern California justice community. Mr. Kraut can advise you effectively and help you develop a strategic plan.
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February 20, 2014

Actor David Cassidy, of “Partridge Family” Fame, Charged with Los Angeles DUI

by Michael Kraut

Early this month, actor David Cassidy faced his Los Angeles DUI charges in court.

Police arrested the Florida resident at LAX in January. It was Cassidy’s third DUI arrest and his second in less than six months. Cassidy allegedly blew a 0.16% BAC on his breath test – twice the California limit.

Back in August 2013, police in New York arrested the actor and hit him with a felony DUI charge. Tragically, Cassidy had just finished a stint at rehab. His manager said the actor had felt overwhelmed after being deposed.

But Cassidy’s DUI trouble started way before that. In February 2011, he pled guilty to a misdemeanor DUI in Florida. He got off with a year’s probation and a relatively short (six month) license suspension. Police had stopped him on a Florida parkway, and he blew a 0.14% on a breath test. Police also said he had had a bottle of Bourbon open in his vehicle.

After this latest arrest, Cassidy released a statement from rehab: “this has been a very difficult time for me battling this deadly disease, like millions of others in our country. I will remain in treatment for as long as necessary, and I am getting the best care I can possibly get anywhere. I am working as hard as any human being to live a sober life.”

What happens when someone’s convicted a second time for DUI in Southern California?

If you’re convicted of DUI in CA twice within a 10 year period, you face mandatory jail time — up to six months! You will also need to spend a year and a half in alcohol school (up to 30 months, in some cases). The court can suspend your California driver’s license for two years and impose what’s known as “formal probation.” This means you’ll need to check in with a probation officer on a regular basis. Alternatively, you may face “informal probation.” This means you won’t have a probation officer, but you will need to hew to certain standards. You may also need to install (and pay for) an Interlock Ignition Device on your car and face massive fines, fees, and court costs – on top of a likely spike in your insurance rates.

To make sense out of your Los Angeles DUI charges, connect with the team here at the Kraut Criminal & DUI Lawyers today for sensible, sensitive insight and a free consultation.
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