los angeles DUI

October 21, 2015

Unusual Los Angeles DUIs Make Headlines… Including DUI in a Wheelchair

Arrests for DUI in Los Angeles aren’t usually big news unless the person arrested is some sort of celebrity. But sometimes a story about a DUI arrest—in any part of the country–is so unusual that online news outlets and social media provide widespread coverage. Here are two crazy breaking stories:

Wheelchair DUI for Florida Man

In Palm Bay, Florida, police just arrested 54-year-old Ronny Hicks on DUI charges. Nothing extraordinary about them—except that Hicks has been driving an electric wheelchair at the time. Visitors to a city park called police, complaining that Hicks was blocking a pedestrian path. When police arrived, they allegedly smelled alcohol on Hicks’ breath and said that he appeared to be highly intoxicated.

Hicks tallied not his first but rather his third DUI arrest in 10 years. Under Florida law, that could mean a fine of $2,000 and mandatory imprisonment for at least 30 days. (Three Los Angeles DUI convictions within 10 years leads to felony counts.) But Hicks’ attorney doesn’t seem to think that the most recent charge of DUI in a wheelchair will stick.

Alleged DUI Driver Hides in Church, Claims Dog Did It

Another Florida motorist, this time from Manatee County, came up with an unusual excuse when police finally caught up with him to question him about his driving. TV station WFTS reported that sheriff’s deputies spotted Reliford Cooper speeding and tried to pull him over. Instead of obeying, the 26-year-old took off, leaving the road and driving through two ditches before crashing into a house. But even that act didn’t slow Cooper down; he took off on foot and tried to hide in a church. The churchgoers, however, had none of it, and they chased Cooper out of their building.

The deputies finally got Cooper into handcuffs, which is when he allegedly told them that he wasn’t responsible for the erratic driving because his dog was driving the car. (The dog must have been invisible, because nobody has seen a trace of it.) The officers didn’t buy his story, since Cooper smelled like alcohol and marijuana. They charged him with DUI.

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 23, 2015

Police Learn to Distinguish Other Types of DUI

by Michael Kraut

Although the majority of cases of DUI in Los Angeles involve excessive alcohol consumption, police in California and other states are seeing more and more DUI incidents caused by illegal and/or prescription drugs.

The Los Angeles Police Department has been a pioneer in training officers to distinguish these types of DUI cases. In the 1970s, two LAPD sergeants worked with medical doctors, research psychologists and other medical professionals to develop a simple, standardized procedure for recognizing drug influence and impairment. Their work resulted in a Drug Evaluation and Classification Program (DECP), which jurisdictions throughout the U.S., Canada and the United Kingdom now employ for training.

Connecticut held its first DECP training in 2011. More recently, the state’s drug recognition experts (DRE) conducted a training class in Manchester. According to the Hartford Courant, the course included 16-hours of initial training, a 56-hour drug recognition school and a 40-60 hour certification process.

The officers had to study the seven categories of drugs and the signature symptoms that users of each type display. The categories include narcotic analgesics (heroin and painkillers); depressants (alcohol and benzos); stimulants (cocaine and meth); inhalants (aerosols and solvents); hallucinogens (peyote and LSD); cannabis (marijuana and hashish); and dissociative anesthetics (PCP).
Police officers who took the course learned how medical equipment such as a blood pressure meter, oral thermometer, a pupilometer (which measures the pupil’s response to visual stimuli) and a stethoscope can help them identify which drugs a suspected DUI driver might have used.

There’s a real need for such programs. A study from the National Highway Transportation Safety Administration showed an increasing number of nighttime weekend drivers will illegal drugs in their systems, rising from 16.3 percent of drivers in 2007 to 20 percent in 2013-2014.

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.

August 21, 2015

After Your Los Angeles DUI: The Biggest Hangover of Your Life?

by Michael Kraut

Whether police arrested you for a Los Angeles DUI after you veered across three lanes on the 101 on early Saturday morning, after partying hard with WB execs, or you lost your composure (and your balance) at a DUI check point, you’re still reeling from what happened and confused about how to proceed.

In the past, our blog has spilled a lot of virtual ink re: the actual laws involved in DUI arrests (e.g. California Vehicle Code sections 23152 and 23153), discussed common misconceptions about breathalyzer tests and blood tests, and examined the Constitutionality of certain police actions.

However, the tactical nuts and bolts of DUI defense don’t mean as much if you don’t take effective action. In less than a week and a half after your stop, if you do nothing, you could lose your license automatically for an extended period of time. This in turn could make it nearly impossible for you to get to work or school, drive your kids to daycare, and so forth.

Plus, the more time that goes by after your arrest without your taking action, the more challenging it will be to collect evidence that might exonerate you or show that the police engaged in misconduct or inappropriate testing.

So why don’t people automatically “get into gear” after a stop? The answer may have to do with the psychology of regret.

When we engage in activities that we later realize were outside of our values, our minds struggle to process those events and square them with our internal narratives. For instance, if you consider yourself a “law abiding citizen,” but then you get busted for swearing at a police officer and hitting three parked cars on Highland Avenue, your brain must somehow figure out how a “law abiding citizen” ended up in so much trouble.

One response is to pretend that the DUI didn’t happen. This reaction can be psychologically useful, but it can also torpedo your chances for freedom. If you’ve been lulled into inaction after your stop, now is the time to act. Contact a qualified Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers to set up your free consultation.

July 23, 2015

Illinois Bars Happy with New Law [But What Does It Mean for DUI Prevention?]

by Michael Kraut

California state legislators occasionally revisit laws against driving under the influence in an attempt to reduce the number of cases of DUI in Los Angeles and other locales around the state. But Illinois lawmakers appear to be moving in a different direction. They recently passed legislation—signed by Illinois Governor Bruce Rauner—that allows the return of Happy Hour in bars around the state.

Don’t expect a free-for-all at local watering holes between the hours of four and seven, however. The new law comes with fairly restrictive provisions that should make it less likely that people will overindulge before they get behind the wheel.

When Illinois abolished happy hours in the state back in 1989, the law’s proponents hoped that the restrictions would reduce the number of people who drove under the influence. An Associated Press story reported, statistics suggest that the law did not do much to alter the number of DUI arrests. Backers of the new 2015 law, meanwhile, argued that the law’s passage would help increase alcohol sales, which in turn would increase money flowing into the state’s coffers.

According to the AP story, bars in Illinois can now offer drink specials up to four hours a day, as long as the number of happy hours for a bar or restaurant doesn’t exceed 14 a week. Establishments can’t, however, offer specials like two drinks for the price of one or unlimited drinks for a fixed price.

So far—and perhaps somewhat surprisingly—advocacy groups like Mothers Against Drunk Driving and the Alliance Against Intoxicated Motorists have taken a neutral stance on the law. Along with the Illinois state legislators, they will probably be watching what happens to the number of DUI arrests in the state. In 1989, police in Illinois arrested more than 49,000 motorists for DUI. By 2013, that number had fallen to fewer than 35,000, mirroring a national trend.

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.

July 8, 2015

DUI Charges Complicate Earlier Case Against Flavor Fav

by Michael Kraut

The Associated Press reported in late June that rapper/reality star Flavor Flav of Public Enemy was getting ready to settle a driving-related case in New York, when police picked him up on a DUI charge in Las Vegas. All he needs to complicate his life a little more is an arrest for a DUI in Los Angeles.

Flav was apparently speeding along at 73 MPH on a 45-mph freeway ramp near Las Vegas’ McCarran International Airport when cops pulled him over. He allegedly had been driving on a suspended license, and his vehicle registration had expired. Cops booked him on a felony charge of driving on a suspended license, driving while DUI, possession of marijuana (they found a small amount in his car), speeding and having an open container of alcohol in his vehicle.

This arrest clearly didn’t help much with the charges that Flav is dealing with in New York. The rapper was already looking at doing time—up to four years in jail—because of a January 2014 incident in that state. According to Fox News, Flav had been speeding on the way to his mother’s funeral when police officers pulled him over. They ran his license and found that it had been suspended 16 times for various offenses.

Flav had been trying to negotiate a plea deal with New York authorities, when news of his Las Vegas arrest broke. Prosecutors were apparently already dubious about Flav’s supposed reformation, and the new arrest hasn’t helped. New York prosecutors have said they will seek a six-month jail sentence if Flav’s case goes to court and he’s found guilty.

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 27, 2015

Man Loses More than $1,000 through Unfounded DUI Charge

by Michael Kraut

The expenses associated with a DUI in Los Angeles are high and can include everything from fines and vehicle impoundment to the cost of getting an ignition lock system installed. Putting out that money is bad enough when the cops have some basis for charging a person with a DUI, but it’s even worse when an officer has lied about the evidence for the arrest.

Gavin Gabor of Salt Lake is fighting to get his money back after prosecutors dismissed the DUI case against him because of questions about the cop’s truthfulness. According to the website Good4Utah.com, Utah Highway Patrol Trooper Neil Green pulled Gabor over for failing to signal a turn. Green discovered there was an outstanding arrest warrant for Gabor for another traffic violation. He questioned Gabor and then arrested him for driving under the influence of drugs.

When Gabor appeared before a hearing officer, he heard Trooper Green testify that Gabor had failed a field sobriety test. But Gabor claimed that he couldn’t have failed the test, because Green never administered it. Gabor even bought a copy of the trooper’s dash cam video, which appeared to support his claim.

But the administrator didn’t believe the driver’s story, and Green lost his license for six months. He had to pay $300 to get his license back, $400 to get his vehicle out of impound and another $300 for a release title.

But Gabor wasn’t willing to let the case rest. He got a public defender, who succeeded in getting his case dismissed (although not before Gabor had paid all the money and done without his license). Meanwhile, the UHP began investigating the veracity of all of Green’s DUI arrests; the trooper later resigned.

Green has gotten some of his money back from the DMV, but he’s still fighting with the state Tax Commission, the agency that collected the impound and release fees, to return the money he paid to them.

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.

May 25, 2015

DUI Arrest Pits Cops Against Town Administrators

by Michael Kraut

Some people picked up for a DUI in Los Angeles or some other city may try to bluster their way out of a charge by claiming to have friends in high places who will get them off and make trouble for the arresting police officers. In almost all cases, of course, it’s a bluff that doesn’t do the alleged DUI drivers much good.

But one man in Chelsea, Oklahoma, did get a little help from some high-up friends—and the furor over his arrest has caused a big outcry in this small town of less than 2,000 residents.

When police office Nicholas Pappe pulled over local businessman Brian Haggard on suspicion of DUI, Haggard admitted to having had about eight beers before driving. But this fairly straightforward DUI arrest turned controversial when Haggard called his good friends for help. They happened to be the town’s police commissioner and Kenny Weast, the town’s city manager. (Weast shares ownership of a local bar with Haggard.)

Weast showed up while Pappe was questioning Haggard, and asked to take Haggard home without an arrest. But Pappe—who is a new police officer, on probation—refused to overlook the DUI infraction and charged Haggard with DUI. (The businessman’s blood alcohol content was well over the legal limit at .106.)

The controversy came to the attention of the Chelsea city council, which voted 4-1 to let Weast keep his job, despite his interference with an arrest. Pappe, meanwhile, could lose his position if the city council votes to dismiss him.

Chelsea’s assistant police chief said that the action has been disheartening for his officers, who have also received death threats. Haggard, meanwhile, said it is the police who are ruining the reputation of the town.

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.

April 8, 2015

After Killing Teen, Illinois Driver Arrested Again for DUI

by Michael Kraut

It would be devastating to learn that someone you loved had been killed or seriously injured by someone arrested for a Los Angeles DUI. It would make matters even worse if you found out that ten years later that driver hadn’t learned his lesson.

The family of 17-year-old Caitlin Weese of Elgin, Illinois, got the dreaded call back in 2003. Paramedics had rushed the high school senior to the hospital after 23-year old James Stitt hit her car head on. Weese died two days later just a few weeks before her high school graduation. Stitt had two prior arrests for DUI, and police found he was driving on a suspended license when he swerved into oncoming traffic and ran into Weese.

Stitt went to prison but got out in 2009. Just four years later, he got his license back, but had to use an ignition interlock device to start his car. Under current Illinois law, however, he was able to get that device removed after a year.

In November 2014, police found Stitt slumped over the wheel of his vehicle after he had crashed into two parked vehicles. After he failed a field sobriety test, police charged him with felony aggravated DUI. (There’s been no resolution of that case to date.)

Stitt’s latest arrest has spurred a move to change Illinois’ DUI law. Thanks to an effort by Weese’s family, who were outraged by Stitt’s newest arrest, a bill making it much tougher for repeated DUI offenders to get their drivers licenses back is speeding through the state legislature.

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.

April 6, 2015

Mother Charged in DUI Death of Child in San Diego County

by Michael Kraut

Police working Los Angeles DUI cases have to deal with some pretty difficult accident scenes. But there are probably few worse things than having to handle the aftermath of a DUI incident that involves young children, especially when one of them dies.

When El Cajon police officers arrived at an accident scene in the city around 10 p.m. on April 4, they found a 2010 Hyundai Accent that had had crashed into a telephone pole. They discovered 31-year old Brandy Teague and her three injured children inside the vehicle. Emergency vehicles transported the three children, ages 10, 3 and 2, to a nearby hospital, where doctors pronounced the three-year-old girl dead. The other two children suffered serious injuries but should recover.

It must have been a terrifying experience for the children. The oldest in the car, a 10-year old boy, ran to a nearby home to seek help after the accident, according to Fox5 San Diego news. An area resident reported the child had blood on his face and glass stuck in his eye.

Police speculated that Teague may have fallen asleep at the wheel of her vehicle just before the crash. Because she complained of pain, emergency responders took her to the hospital, but she didn’t stay there long. She ended up in the jail charged with gross vehicular manslaughter, cruelty to a child and driving under the influence of drugs.

According to MADD, 1,145 children die each year as a result of a traffic accident. Of those cases, 17 percent involve a driver operating under the influence of alcohol or drugs.

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.

March 25, 2015

Vehicle Destroyed, But Police Officer Charged with DUI Survives Train Wreck

by Michael Kraut

A police officer in southern Texas may be recalling the old saying about people who live in glass houses never throwing stones. We don’t know if Devon Brittany New, a member of the Nixon, Texas, police force, ever arrested anyone for driving under the influence. But after her own recent arrest, New may be a little more sympathetic towards anyone accused of DUI in Los Angeles, in Texas, or in any other jurisdiction.

An article on the San Antonio Express-News’ website said that Officer New was suspended from duty for a week following her DUI arrest on March 9th. She had a narrow escape; after running a red light at 1 a.m., she stalled her vehicle on nearby railroad tracks. Fortunately, she was sober enough to get out of her 2015 Dodge Challenger, because a freight train coming down the track hit her vehicle and totaled it.

Although New is back at work until her April 9th court date, it’s not clear if she’ll be able to remain on the job if she’s found guilty.
Los Angeles police officers have also been charged with DUI in some rather high-profile cases. One notable incident occurred just about a year ago, when an off-duty officer lost control of his vehicle after getting off the westbound Pomona Freeway in Diamond Bar. What made the crash more unusual was that the 29-year-old officer traveled over a 50-foot area (not a road) separating the freeway from a McDonalds restaurant. He ended up crashing in the restaurant’s drive-through lanes.

The officer probably had little interest in the restaurant’s menu at that point, since he landed in the hospital with moderate injuries.

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.