los angeles DUI

March 11, 2015

From Shootings to Los Angeles DUI Arrests, Cops and Witnesses Don’t Always Get It Right

A recent shooting of an unarmed homeless man by members of the Los Angeles Police Department shows why it’s essential that anyone who is arrested for a Los Angeles DUI get good legal representation right away. Police officers can make mistakes, and eyewitnesses don’t always see or hear everything that really happened.

Nobody disputes the basic facts of a recent Los Angeles shooting. On March 1, a homeless man (later identified by the nickname of Africa) was killed during a struggle with four police officers. The man was on the ground when the shots were fired.

The police department said that the officers had already tried to subdue the man with a taser, and it hadn’t worked. Then the man had grabbed a gun from one of the officers during the arrest, and that’s when the other officers opened fire. The eyewitness claimed that he didn’t see that grab and questioned the cops’ decision to shoot an unarmed man who was already tased and on the ground.

But the whole incident was caught on a nearby surveillance camera, and CNN had a forensic expert look at the footage in slow motion. His analysis suggests that the man did indeed reach for the gun. Surveillance footage also showed that the man had been involved in a violent struggle with another homeless person earlier in the day.

So what really happened that day? Different people on the scene–all believing that they are telling the truth–will give you varying answers. It’s going to take a while to sort it all out.

The same thing can happen when somebody is arrested for DUI. No matter what the police and other bystanders think they saw, the truth may be something different–and it’s a good idea to have someone who understands all the legal ramifications available to help.

As a frequent contributor to respected media, like The New York Times, The Los Angeles Times and Good Morning America, Los Angeles DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

March 9, 2015

Alabama Man Loses Leg after Accident Involving Driver Charged with DUI

by Michael Kraut

Drivers charged with a Los Angeles DUI could face more than just legal penalties. As this story from Alabama shows, they might have to live with the fact that they’ve ruined somebody else’s life.

In Birmingham, Alabama, a 26-year-old woman on the way home from a wedding hit construction worker Bobby Joe Smith, who was working on a nighttime project for his company. Amanda Brown pinned Smith between a bulldozer and the bumper of her GMC Yukon. The accident severed one of Smith’s legs, left the other hanging by the skin and caused severe internal injuries to his colon and spleen. Fortunately, his co-workers had enough presence of mind to use their belts for tourniquets and to apply duct tape to stop the bleeding.

Smith and his co-workers had been in a well-lit area marked off by cones when the accident occurred. The crew prevented Brown from driving away in her vehicle after the accident, but she then fled on foot to her nearby apartment. Police eventually charged her with leaving the scene of an accident with injuries and first-degree assault, which includes DUI.

Smith ended up losing his right leg below the knee, and he may lose the other as well. Brown faces penalties for getting behind the wheel while allegedly intoxicated, and she will have to live with the knowledge that she’s taken away another person’s ability to walk and to make a living.

Brown could face pretty severe legal consequences if she lived in Los Angeles and prosecutors convicted her of causing an injury while driving with a blood alcohol content of .08% or higher. Per California Vehicle Code 23153, that action raises ta DUI charge to a felony. Even a first-time offender could be looking at prison time, high fines and the need to make restitution payments to the victim.

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.

February 20, 2015

What Happens After a Los Angeles DUI: The Long-term Picture

by Michael Kraut

Los Angeles DUI attorneys completely understand the long-term impact of a DUI conviction. Every case and every individual faces different repercussions. One person may bounce back from a conviction with help from a supportive community. Others face being ostracized and having difficulty finding work and building meaningful relationships.

Long-term consequences include:

• Employment difficulties. Any convictions appear in background checks, and they may preclude you from obtaining gainful employment. DUI convictions, in particular, can immediately disqualify an individual from the hiring process. Fighting a conviction with a full-time job means missing work for court dates and addressing other legal hurdles.

• Increased financial burden. DUI sentencing normally includes some form of pecuniary obligation. Lawyer fees, court fees, sentencing fines, and increased auto insurance costs affect individuals who are convicted in the short- and long-term. Insurance companies place those convicted of DUIs in high risk categories with high rates for years into the future.

• Inability to drive. Driver’s license revocations make completing daily tasks more difficult for anyone who does not live near public transportation. You may have to rely on others for social and work transportation. This consequence often carries over into other areas of life, causing frustration and other emotional challenges.

• Difficulty maintaining relationships. A DUI conviction can forever change both personal and professional relationships. Your professional reputation may suffer, and relationships with colleagues and superiors may change. You may experience incessant worry from friends and relatives. Relationship challenges may arise even without a conviction. The emotional burden of a conviction can potentially cause you to feel judgment and insecurity, even in supportive relationships.

You may lose trust with friends, employers, and family members. Some people face the full extent of social and economic consequences after a conviction, making it easier to become a repeat offender and perpetuate the cycle.

To respond effectively to your charges, call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

February 10, 2015

Multiple Offenses Lead to 5th Arrest for 55-Year-Old Savannah Woman

by Michael Kraut

Today, our Los Angeles DUI blog will take a close look at a curious case out of Georgia’s historic Savannah. A local woman, Sheila Faye Conley, just netted her 5th DUI-related arrest, her 4th DUI case, and her 3rd DUI conviction in a period of five years. Police arrested the 55-year-old on Christmas Eve, 2014, and a jury indicted her on February 5th.

Conley caused two previous DUI accidents that led to the injury and death of others involved. In 2000, she struck a couple at a traffic light while fleeing from an officer. In 2001, she fatally struck a couple on the same road as her previous accident. The state sentenced Conley to prison for felony vehicular homicide. Conley won her release in 2010 after serving 10 years and successfully completing almost 2 years on parole; her probationary period began in 2012.

Probation guidelines prohibited Conley from violating any criminal laws or engaging in “injurious and vicious habits” relating to drugs and alcohol, according to Savannah Now. When police pulled her over on Dec. 24, Conley allegedly denied consuming alcohol and refused blood and breathalyzer tests, which led to the most recent DUI charge. A grand jury indicted her for driving under the influence and presenting false statements at the time of her arrest.

Cases featuring multiple offenses in a short timeframe, especially those including injury or death, usually receive harsh prosecution. In California, depending on the timeframe of previous DUI convictions, a person similar to Conley may face years in prison, driver’s license suspension without an allowance for work, and an interlock device.

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.

February 6, 2015

Woman Known for Having Three Breasts Charged with DUI in Tampa

by Michael Kraut

Los Angeles DUI reports can be strange, but Florida has got California beat this week in the “DUI news of the weird” department. Authorities arrested a three-breasted woman, 21 year-old Jasmine Tridevil, in Tampa for DUI. The New York Daily News cheekily broke the story, saying, “some busts are certainly worse than others.”

The defendant’s legal name is Alisha Jasmine Hessler; she is known online for her claims that she used cosmetic surgery to attach a third breast. Many experts (as well as Snopes.com) have refuted her claims of plastic surgery, saying that it would be very difficult and take several years to successfully complete.

Per the Daily News, Hessler had been driving “erratically in the area of Adamo Drive and 21st Street shortly before 4 am Monday [Jan. 26], when an officer spotted her.” She was also speeding and ran a red light. Police Hessler for DUI after she failed a sobriety test. Police indicated that her BAC was .18% at the time – well over two times the state’s 0.08% limit.

This is not the first time Hessler has been arrested. In 2013, authorities busted her for fraudulently using personal information; and she faced charges of holding a man captive in her home.

Hessler’s story may be eye catching and bizarre, but DUI cases are no laughing matter.

For a first time DUI offender in California, sentencing may include fines, driver’s license suspension, mandatory DUI school attendance, forced use of an interlock device before driving, probation, and jail time. A BAC level of .15% or higher could elevate a DUI to an aggravated DUI, with harsher sentencing.

Even aggravated DUI charges may be fought, and the sooner you seek advice, the better you will understand your case’s circumstances.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

February 4, 2015

Former Marine Sentenced to 11 Years in Jail for Deadly DUI Crash

by Michael Kraut

As someone recently arrested for a Los Angeles DUI, you may find it instructive to read about the heartbreaking case of former Marine sergeant, who was just sentenced for a causing a deadly DUI crash in 2012. He had served at Camp Pendleton and had been driving with three friends when he crashed the vehicle at Dana Point. All passengers suffered fatal injuries.

The Marines had all been in their early 20s at the time of the crash, and according to case reports, they had all been drinking at a local tavern. The sergeant was supposed to be the designated driver that night, but reports say that he ended up with a BAC level of .18% — more than twice California’s legal limit.

The court denied him an alternative sentence, including treatment time in lieu of prison. The sergeant’s attorney argued that his drinking had been an attempt at self-medicating. Therapists had diagnosed him with post-traumatic stress disorder as a result of his experiences in Afghanistan. His lawyer cited a state law that asks courts to take into consideration whether military related injury or trauma might have indirectly or directly influenced bad decision making or behavior.

The presiding judge responded that, although the case was unfortunate, “the court does not find his story plausible or believable.” The defendant will be serving an 11-year jail sentence.

Crashes that involve alcohol are considered aggravated DUI in California. When someone dies as a result of a crash that involved intoxication, authorities may seek different charges. Police reports can play a vital role in determining which charges are brought against an individual. A DUI attorney will also conduct an investigation of charges in a deadly DUI crash, which is why securing representation early is an important step to protect your rights. If you or someone you love faces a deadly DUI crash charge, obtaining key evidence early could help exonerate you or help you plead down to lesser charges.

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 experienced Los Angeles DUI attorney with many relevant connections in the local legal community.

February 2, 2015

Pantsless, Belligerent Woman Arrested for DUI in Pennsylvania

by Michael Kraut

Los Angeles DUI stories often tend toward the lurid and, occasionally, the surreal.

However, recent DUI stories from the Southland have been downright pedestrian compared to this recent event out of Pennsylvania. Police arrested a woman named Justine King in Aliquippa, Pennsylvania and charged her with DUI driving, public lewdness, reckless driving, resisting arrest, and disorderly conduct.

When police responded to an accident report, they allegedly found the woman in her car in the middle of an intersection. Reports say that King had just hit another vehicle, and she was sitting in her car with the air bag still deployed. Allegedly, she was naked from the waist down and sitting on an empty liquor bottle. King later denied that she had hit another car, but police said that she would not get out of the vehicle because she wasn’t wearing pants. The police reported seeing her clothing on the floorboards of the car.

King allegedly remained belligerent as officers handcuffed her and drove her to a local hospital for a BAC (blood alcohol content) blood test. Police say the woman refused to cooperate or put on clothes, and they called for a gown to be available at the hospital. The arresting officer said that King kicked out the back window of his vehicle while he retrieved the gown.

While it is a good idea to avoid talking to a police officer more than necessary during a DUI arrest, it is never advisable to refute obvious facts or to refuse to cooperate in this kind of ridiculous manner. In California, you have the right to refuse a field sobriety test, for instance. Doing so, however, may provide probable cause for an arrest. Doing so in a preposterous, disrespectful manner can earn you additional charges and possibly more jail time.

You cannot avoid taking a blood test to determine your BAC level after you have been arrested. Refusing a test before an arrest may lead to the automatic suspension of your driver’s license. However, depending on what happened, you may be able to challenge the legality of the DUI stop or arrest.

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 28, 2015

Texas Man Gets Pulled Over for 8th DUI: Los Angeles DUI Lawyers React

by Michael Kraut

In Los Angeles, DUI offenses can be punished by a few hours in prison or many years – the harshness of the sentencing depends on many factors, such as the nature of the alleged offense, the amount of damage done to people and property, and the history of the alleged DUI driver.

First non-injury offenses, usually involve minor punishments, like a driver’s license suspension, DUI awareness classes, and probation; whereas repeat DUI convictions can lead to a dramatic escalation in penalties.

A shocking case from Texas illustrates what can happen to super-recidivist DUI offenders. Police recently arrested Harold Moore, a successful janitorial service owner, for his 8th lifetime DUI. Moore had just been released from a four year prison sentence for his 7th DUI.

While in prison, Moore had enrolled in multiple alcohol treatment programs. Authorities released him from prison, pursuant to his participation in a decade long probation period. His prior DUI convictions allowed the presiding judge discretion in determining further sentencing requirements. Moore’s defense attorney stated that his seventh sentencing was mild and “truly a gift.”

Since Moore had been on probation, any BAC conviction would constitute a breach of his punishment. Moore’s BAC was allegedly 0.27%, more than 3 times the legal limit here in L.A. (and in Texas). Moore now might be looking at 20+ years in prison. The prosecution is attempting to add another 10 years for his breaching probation.

Moore’s case may be an extreme example, but repeat DUI offenses need to be aware that courts typically impose harsher penalties and begin adding jail time for every additional DUI offense.

Another important point to remember is that an out of state DUI conviction can still count toward your overall “total.”

In California, after three or more DUI convictions in a 10 year period — or if your DUI causes harm or death — you will likely face felony charges. at should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

January 5, 2015

Man Rings in 2015 with His 16th Lifetime DUI: Not the Best Way to Start the Year!

by Michael Kraut

If you’ve recently been arrested for Los Angeles DUI — e.g. if police stopped you on Mulholland after you attended a fancy soiree at a Hollywood producer’s house — you’re probably dreading the potential legal and financial ramifications.

Even if you didn’t hurt anybody or cause any property damage, you could have to pay fines and fees of $1,000 or more, deal with a six month (or longer) license suspension, and face time behind bars… among other punishments.

Hopefully, the arrest was your first. The more times you get arrested and convicted for DUI in California (over a 10-year period), the more intense your punishments become. For instance, a misdemeanor DUI may land you a few hours (or a day or so) behind bars. But if you’re pulled over and convicted for that same crime three times within a 10 year span, on the third time, you could face half a year behind bars (or longer!). Plus, prosecutors can try to elevate your charge to a felony instead of a misdemeanor.

Given that context, let’s take a look at a sad story out of Farmington, New Mexico, where 30-year-old Lawrence Pine got nabbed for his 16th DUI just as the New Year rung in.

According to reports from local station, KRQE, police showed up at Pine’s home after a call suggested possible domestic abuse at the house. Pine took his two children into his car and fled. Allegedly, he slammed into a parked car with the children in the vehicle. Police stopped him at a gas station and arrested him on a bevy of charges, including possession of drug paraphernalia, driving with a revoked license, child abuse and DUI. They’re holding him on a $200,000 bail.

Investigators also alleged that Pine “repeatedly kicked and hit the children while they were in the vehicle.” The situation sounds absolutely awful, and we hope that the children are getting excellent care and that Mr. Pine gets the assistance he needs to deal with his demons.

If you or someone you love needs help after an arrest — whether it’s your first or your fifth — please call a qualified Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers for insight into your rights and legal options.

December 29, 2014

New Year’s Eve Is One of the Most Dangerous Days for DUI Crashes

by Michael Kraut

New Year’s Eve witnesses more than its fair share of Los Angeles DUI arrests.

Between 2002 and 2008, at least 140 people were killed in DUI crashes on New Year’s Eve and New Year’s Day. In fact, 42% of traffic-related deaths during New Year’s Eve and New Year’s Day are consistently related to DUIs. This statistic includes intoxicated pedestrians who inadvertently walk in front of cars.

Russ Rader of the Institute for Highway Safety cited New Year’s as “the worst day for impaired drivers” in a recent article. In fact, half of fatal New Year’s crashes involve a driver who is DUI. Statistics have only increased since this article was written in 2011, with one person killed every half hour due to DUI and one person injured every minute. These statistics also tend to skyrocket after midnight on New Year’s Eve and New Year’s Day, when people are likely traveling home from celebrations.

In recent years, Mothers Against Drunk Driving (MADD) found that, out of the 300,000 people who receive DUI charges every day including New Year’s, 4,000 or fewer wind up arrested. MADD also reports that over half of high school sophomores admit to drinking alcohol. Thus, parents should be particularly vigilant about their teens’ consumption during the holiday season.

To avoid DUI fatalities and harsh sentencing, people should limit their alcohol consumption over the holidays. A good rule might be one drink per party, or perhaps two if glasses are less than standard size. Sober drivers should always be designated before parties, and everyone should have the number of a cab company (or Uber app) saved in his or her cell phone.

Teenagers should not drink at all during the holiday season or otherwise. If a teen suspects that party drinks have been spiked, he or she should seek help from an adult chaperone. Teens should never leave their drinks unattended. They should also educate themselves on the signs and symptoms of alcohol poisoning and call 911 if they suspect poisoning has occurred.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.