los angeles DUI

December 24, 2014

Authority and Alcohol: People in High Positions Can Get Los Angeles DUIs, Too

Although stories about celebrities facing Los Angeles DUI charges are reported every day, average citizens often act surprised when people in authority face similar charges. The attorneys at the Kraut Criminal & DUI Lawyers have seen plenty of people in positions of authority deal with DUI charges and want to set the record straight on the prevalence of this problem.

Oklahoma Senator Charged

Republican senator Bryce Marlatt was recently charged with a subcategory of DUI known as actual physical control, or APC. APC indicates the vehicle was actually moving when the suspect was pulled over for the DUI. Woodward, OK, police found Marlatt asleep in his moving car. When asked how many beers he had, Marlatt replied, “None – I had what you call a bourbon and Coke.” He also said he had consumed “no more than anybody else” when asked further about his alcohol consumption.

Senator Marlatt’s attorney claims that Marlatt had been having sleep problems and that he took a prescription sleep aid before getting behind the wheel last Monday night. He had imbibed a mixed drink and had been concerned about the effects of the mixture, so allegedly pulled over to sleep off the aid and the alcohol. However, the charges of APC indicate Marlatt’s vehicle may have been moving without his knowledge.

Auto President Faces DUI

Another authority figure recently charged with a DUI is Robert Butler, president of the Butler Automotive Group in Indianapolis. Allegedly, Butler had been driving DUI on Interstate 465 and hit a vehicle parked on the emergency shoulder. The accident caused “serious leg injuries” to 25-year-old Latin McKinney, according to The Indy Channel. McKinney and his sister had apparently been trying to jump-start McKinney’s stalled car on the emergency shoulder.

Butler admitted he had four glasses of wine while watching a ball game in downtown Indianapolis before getting on the interstate. Police measured his blood alcohol level at twice the legal limit. However, Butler pleaded not guilty to DUI charges even after admitting he’d been drinking.

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.

October 15, 2014

Pro Tip: If You Get Arrested for Los Angeles DUI, Don’t Tell Police That You Are “Going To Do It Again”

by Michael Kraut

To defend against a Los Angeles DUI charge effectively — particularly if you actually committed a crime — you want to express remorse at the appropriate time. You need to show that you understand that what you did was dangerous and could have resulted in severe injuries or even the loss of life.

What you DON’T want to do is to brag that you are “going to do it again,” like Willissa Harris allegedly told police in Tulsa, after she smashed into a cable barrier on a local freeway, Highway 75. According to local media, after Harris hit the barrier, police helped her out of her vehicle and observed that she had red, bloodshot, glassy eyes and slurred speech – classic signs of DUI.

Per reports, Harris had been arrested twice prior for DUI, and she decided to chat with the police about her background on the way to the station. They recorded her apparently self-incriminating statements: she told police that she enjoyed “doing this” [causing the DUI wreck] and that she intended to “do it again.” Police took her to the Tulsa County Jail for processing.

Obviously, it’s no secret that people do and say very dumb things after being stopped for DUI – we’ve come back to this theme again and again on this blog. But there are limits to how and when you can self-incriminate. For instance, let’s say the police fail to read your Miranda Rights — these include the caveat that “anything you say or do can be held against you in the court of law.” If so, you can fight back against the charges by making the argument that the court shouldn’t consider any self-incriminating statements that you made because police didn’t remind you of your rights before you said them.

The court will assess your complete history, including both admissible statements that you have made and your actions. In Harris’s case, the fact that she has two DUIs under her belt will probably matter more than the fact that she boasted under duress that she was “going to do it again.”

If you or someone you love needs to defend effectively against a similarly complex suite of charges, please call an experienced Los Angeles DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers immediately to schedule a free consultation with highly respected former prosecutor Michael Kraut

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 24, 2014

Oceanside DUI Checkpoint Memorializes Officers; Firefighter Implicated in DUI Crash

by Michael Kraut

When it comes to DUI in Los Angeles, uniformed men and women can be either victims or perpetrators. Recent incidents in Carlsbad, California, and Lexington, Kentucky, shed light on this dichotomy.

Jarad McCargo, a firefighter in Lexington, lost his job September 22 as a result of an accident in which he struck three people with his vehicle while allegedly under the influence. The 36-year-old reportedly backed his Ford Expedition into a local bar, The Beer Trap, critically injuring Noel Espino and hitting two others. After the collision, he fled the scene and hid behind several trash cans before police located and arrested him. McCargo’s charges include:

•   Driving under the influence
•   First-degree assault
•   Leaving the scene of an accident
•   Driving without insurance

Conversely, the Carlsbad community continues to honor two Oceanside California Highway Patrol officers who lost their lives to DUI drivers recently. On September 20, police set up a DUI checkpoint on Carlsbad Boulevard to identify potentially impaired drivers.

While the checkpoint served to raise awareness regarding the dangers of DUI driving, authorities also dedicated it to the memory of two officers:

• Officer Sean Nava. Nava died in October 2000 when a DUI driver struck him as he responded to a DUI crash.

• CHP Officer Stephen Linen. A DUI driver collided with Linen’s patrol car on Interstate 5 only months after Nava’s death, killing the officer.

Officers and bereaved family members alike hope the memorial checkpoint will cause people to think twice about driving under the influence and hold their friends and loved ones accountable.

Regardless of your professional background, injuring or killing another person when driving drunk is a devastating offense for everyone involved. The potential repercussions for your freedom and future are severe, but an experienced Los Angeles DUI attorney can help. Contact the Kraut Criminal & DUI Lawyers today to discuss your case and begin forming your defense.

September 8, 2014

What’s the Appropriate Punishment for 5 Los Angeles DUI Convictions in Less Than a Year?

by Michael Kraut

If you’ve received a Los Angeles DUI, take note of the following cautionary tale. Even though it took place thousands of miles away, it contains important lessons for defendants and their familes.

In 2011, a driver named Joseph Lawless, who had been stopped for DUI driving four times prior in less than a year, was discovered passed out in his car with a dangerously high BAC of 0.30. Nevertheless, Lawless was allowed to maintain his job without spending more than 90 days total in prison for all five offenses.

In Pennsylvania, DUI laws have been getting tougher and tougher. Regardless, repeat offenders continue to drive, despite the fact that this practice is illegal and risky for everyone. The reason for this is Pennsylvania’s quirky and little-known DUI law, which requires a conviction prior to pulling someone’s license. As a result, Lawless slid by, pleading guilty for being a first time offender all five times.

In California, a driver who fails a sobriety test will have to contend with a license suspension. Not necessarily so in Pennsylvania! That state will soon hold legislative hearings to strengthen existing DUI laws. PA resident Patrick Crowley, whose son was killed in 2013 by a drunk driver with several convictions, believes “more people will die needlessly” without changes to the law.

What to Do in LA

If you were stopped in Los Angeles, odds are you were stopped for a traffic violation, such as weaving in and out of lanes, speeding, or running a traffic light or stop sign. An officer who notices symptoms like watery eyes, smell of alcohol on the breath, or slurred speech might conduct a field sobriety test. If you fail the test, the officer can arrest you.

If you’ve been arrested, you may face an array of scary charges, including license suspension. If this has happened to you, don’t try to represent yourself. Ensure fair and accurate results by hiring an experienced and qualified Los Angeles DUI attorney like Mr. Michael Kraut.
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August 18, 2014

Los Angeles DUI Arrests Can Have Long Term Consequences: Just Ask Cardinals Linebacker John Abraham

by Michael Kraut

Police arrested you for DUI in Los Angeles last week or last month. In either case, you might be laboring under the assumption that you can quickly put the DUI behind you.

Even if you didn’t hurt anybody, and you were just barely over the legal limit of 0.08%, you can face profound consequences that can hamper your life, your career, your relationships and your finances for months or years. For a real world object lesson, let’s take a look at the story of John Abraham, a linebacker for the Arizona Cardinals whom police stopped for DUI back in June.

According to reports, on the afternoon of June 29th, Abraham was driving his black Dodge Challenger in suburban Atlanta, after leaving a strip club called the Pink Pony. When police stopped Abraham, he confessed to having had two drinks. He even told officers that he had been waiting on a designated driver, who never showed. Abraham also allegedly said that he didn’t feel safe getting behind the wheel… but he did anyway.

He bombed out on the walking and balancing tests — presumably similar to the field sobriety tests police give here in Los Angeles, such as walk the line, count backwards by 3s, finger to the nose and stand on one leg. He also refused to take a breath test.

Will the DUI sideline Abraham’s career or create problems in his personal life, such as a license suspension, jail time or just general trouble with his relationships? The answer will depend on the minutiae of his stop and his history:

•   Will his breath test refusal complicate matters and lead to more charges?
•   Can he “explain away” the field sobriety test failures?
•   Did he have a criminal history (or DUI history), or was this his first offense?
•   Can he and his attorneys put together a compelling counter-narrative to challenge the prosecutors’ version of events?

For help understanding your Los Angeles DUI defense options, call attorney Michael Kraut right now for insight. Mr. Kraut is a Harvard Law School educated DUI lawyer who worked for 14+ years as a prosecutor before switching to criminal defense.

Note to Potential Los Angeles DUI Offenders: Don’t Get Caught on Tape, Like Golfing Legend Dustin Johnson

It’s one thing to get arrested for DUI in Los Angeles and to face unpleasant consequences, such as license suspension, fines and fees, higher insurance rates, jail time, and recriminations from friends, family and colleagues.

It’s another thing entirely to get caught on video doing something dumb behind the wheel… and then watch helplessly as that video goes viral on YouTube. Unfortunately for people like Dustin Johnson (a professional golfing phenom), once humiliating video footage escapes into the blogosphere, you can’t put the genie back in the bottle. In March 2009, when police stopped Johnson in his hometown in South Carolina, the golfer began to lose it when officers put him through the paces of field sobriety tests (FSTs).

The video shows Johnson tripping several times during the FSTs. An officer then escorts him into a police vehicle.

Johnson later confessed his regret, saying “I made an error in judgment… I have let myself down and others who support me. I am handling the matter privately and, rest assured, I will definitely learn from my mistake.”

Unfortunately, the pro apparently did NOT learn from his mistake.

Recently, he failed three separate drug tests given by the PGA Tour; he tested positive for marijuana and for cocaine (twice). As a result, the PGA hit him with a long suspension. Again, Johnson made noises of regret: “I will use this time to seek professional help for personal challenges I have faced.” The now-30-year-old golfer may have a challenging time scrambling back following his suspension.

Sometimes, DUIs happen “out of the blue.” For instance, someone who has no criminal history or history of alcohol problems makes a bad call at a party and drives when he really shouldn’t.

But when someone gets in trouble repeatedly for alcohol and drugs, he may need help addressing the fundamental reasons for the destructive behavior. As Dr. Lance Dodes and Zachary Dodes describe in their new book, The Sober Truth, the conventional wisdom about how and why addictions form may be deeply flawed. People like Johnson — who apparently repeatedly struggle with substance abuse issues — may need a different kind of help than they’ve been getting.

If you or someone you love needs help with Los Angeles DUI defense, contact Attorney Michael Kraut of Kraut Criminal & DUI Lawyers right now to schedule a free and confidential consultation with a former Senior Deputy District Attorney.
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May 14, 2014

Why Does Everyone Seem to Have Advice For You About Your Los Angeles DUI?

by Michael Kraut

Getting a DUI in Los Angeles – and announcing it to the world – is a lot like getting pregnant or going on a diet. Everyone seems to have tons of advice for you, even if they have never experienced the situation themselves. Think about all the ridiculous advice non-parents give parents on airplanes about how to keep their kids quiet.

•   “Feed him some popcorn”
•   “Give him another bottle”
•   “Give him a toy”
•   “Take away that other toy”
•   “Don’t listen to that jerk”
•   “They are ready to fly at Y months, not X months… so you shouldn’t be on the plane”

And so it goes with many things in our life – we are forced to take unsolicited advice from people who don’t know what they are talking about. It can get frustrating.

In the case of your Los Angeles DUI defense, this random noise can be pretty destructive as well as distracting. For instance, there are certain myths about DUI defense that just will not die, such as the idea that chewing on a penny or drinking mouthwash will substantially change your breath test results.

There is no need to rehash the science (again) that refutes such myth. But they persist. If you take advice from the wrong people, you could make your situation worse and simultaneously miss out on more effective solutions.

The moral is this: leave the nuts and bolts of your defense up to experienced people. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers can explain your Los Angeles DUI defense options and build you a sound and reasonable defense.

May 7, 2014

Since When Are There ATM Machines on Railroad Tracks?

by Michael Kraut

Drivers arrested for DUI in Los Angeles (and elsewhere) often engage in bizarre actions that make them fodder for mockery in the blogosphere and, occasionally, the late night talk shows.

To wit, consider a rather bizarre case out of Chicago, where 26-year-old Maria E. Segura was arrested for two DUI, after she drove her Chevy Cavalier onto a bunch of railroad tracks near the 3300 Block of Harlem Avenue.

A police officer spotted her at around 4 in the morning on the Burlington Northern railroad tracks. After seeing the vehicle bizarrely start rolling down the tracks, the officer called his dispatch to shut down rail traffic, so that there wouldn’t be an awful collision. Then he drove up to the Cavalier and stopped the vehicle. The woman allegedly smelled strongly of alcohol, and she could barely articulate herself to the officer.

She was reportedly put through the paces of a field sobriety test – which might have included:

•   The walk the line test (where you have to walk across a painted line… or the side of a railroad track… without losing your balance);
•   The horizontal gaze nystagmus test (where an officer shines a light in your eyes to determine how your pupils respond to light);
•   The count backwards by 3s test (where you try to count backwards from 100 by 3s – a test of your of cognitive impairment);
•   The finger to the nose test (where you stick out your arms on either side, close your eyes, and try to touch your nose with your fingers — when you are under the influence, your ability to coordinate this act is undermined)

Segura told the officer that she had been looking for an ATM – a bizarre explanation, obviously. She was booked at a local station and tested to have a BAC level of 0.209 – more than 2.5 times the legal limit in Chicago and here in Southern California of 0.08 percent.

In addition to confiscating her 1996 Chevy Cavalier, authorities hit her with two DUI counts, a charge of driving without insurance, a charger of driving on a suspended license, and another charge of driving in the wrong lane.

Do you need help with your case? If so, contact a DUI defense lawyer with the Kraut Criminal & DUI Lawyers today to schedule a confidential and free consultation with our team.
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April 9, 2014

Suspected DUI Driver Severely Injures Veteran LAPD Officer

by Michael Kraut

Some really sad Los Angeles DUI news out of Sun Valley — a veteran LAPD officer suffered massive injuries following a weekend crash. He is reported to be in “very critical condition” at the Providence Holy Cross Medical Center, and 100 police officers and members of the community have donated blood in an attempt to aid his treatment.

Valley Traffic Division Commanding Officer, Maureen Ryan, reported that “he has spinal injuries. They are trying to stabilize to get him ready for a serious surgery regarding his back.”

According to reports, a woman driving a Chevy Blazer hit his motorcycle from behind. Her driver’s license had expired nearly 10 years ago, and authorities later arrested her for drug DUI. Ryan said that “it’s ironic. It’s tragic. This woman chose to drive while being impaired. That’s why we are out there, to save lives.”

On Saturday evening, the 26 year veteran officer had been stopped at a red light, when a Chevy Blazer traveling southbound failed to see light and smashed into the motorcycle, crushing the officer against a Honda Accord that had stopped in front of him. The 33-year-old driver, Qaneak Cobb, is being held at the Van Nuys jail on $185,000 bond.

Per Los Angeles Superior Court records, Cobb has a significant criminal history, including charges that she possessed narcotics and a theft conviction. She was also driving on a license that had expired way back in June of 2005.

Our hearts and prayers go out to the brave officer, and we hope that he pulls through despite the horrific injuries.

In a DUI case in which someone gets hurt, prosecutors can ask to elevate what ordinarily would be a misdemeanor DUI charge (per CVC 23152) to an injury DUI charge (per CVC 23153). Even a misdemeanor charge carries substantial penalties, such as mandatory jail time, mandatory license suspension, forced alcohol school, probation, and (in some cases) forced installation of an interlock ignition device on the offender’s vehicle.

But charges per 23153 are even more intense. Depending on the nature of the alleged crime and what happened to the victim, the offender could face over a year behind bars – perhaps substantially longer.

The team here at the Kraut Criminal & DUI Lawyers can help you build a defense to a Los Angeles DUI injury charge. Call former prosecutor and experienced criminal defense attorney, Michael Kraut, and the Kraut Criminal & DUI Lawyers team today for a confidential assessment of your case.
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March 31, 2014

Are You Reliving Your Los Angeles DUI…Over And Over And Over Again?

by Michael Kraut

You just got arrested for DUI in Los Angeles. Your mind is racing with questions:

•   “What attorney should I hire?”
•   “What can I do, if anything, to fight the automatic drivers license suspension?”
•   “How will I manage my life, if I have to spend substantial time behind bars or spend months without a valid license to drive to work?”
•   “What will my friends and parents think about me?”

You’d love to concentrate on solving those issues, but your mind just can’t stay focused. You keep getting drawn back into remembering the drama of what happened. Perhaps the event was actually dramatic, in an objective sense. For instance, maybe your car flipped on the 210, and you hit a concrete barrier. Or maybe you almost ran into (and killed) some pedestrians.

You can’t stop yourself from thinking about the different ways the accident or arrest could have “gone worse.”

Or maybe you keep recalling the feeling of fear that jolted through your body when the red and blue lights flashed behind you, or the maddening conversation you had with the arresting officer.

In any case, the following lesson is abundantly clear: you need to manage this non-stop, destructive mental monologue.

To the extent that you feel out of control about you case is to the extent that your mind will likely “hold onto” these negative thoughts and drive you nuts. But once you know what to expect about your case — and what to do in the next few hours and days — you’ll likely find yourself spontaneously letting go of the looping mental chatter. So that’s one key: get clarity on your case!

Here’s another suggestion. Practice deep breathing and meditation exercises. And/or get therapy, particularly if you were involved in a traumatic incident.

Lastly, connect with a Los Angeles DUI defense lawyer here at the Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is a Harvard Law School educated former prosecutor – he used to work as a Senior Deputy District Attorney for the City of Los Angeles, during which time he obtained a 99%+ success rate at jury trials. He’s won respect as a criminal defense lawyer not just from clients but also from his peers, such as judges and prosecutors.
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