los angeles DUI

March 26, 2014

KPCC Reports on Spike in Female DUI Arrests in Los Angeles and California

Reporting for KPCC, journalist Erica Aguilar recently published a “deep dive” examination into female DUI arrests in Los Angeles. Her two-part series is obviously well worth read.

Let’s examine a few key themes she discusses in her article. The information will probably shock you!

Aguilar opens by quoting Rosemary Earl, a juror who helped to convict a 38-year-old woman of second degree murder, after the woman hit and killed two other women while DUI and then fled the scene. Earl told KPCC: “I put someone in jail, and it impacts me … she took two lives that destroyed a lot of other people’s lives.”

KPCC analyzed two decades of DMV data and found that the number of female DUI arrests has gone up – both across the state and here in LA – for reasons that are befuddling to the experts. Stephen Bloch, a researcher at the Automobile Club of Southern California, told KPCC: “[The number of female DUI arrests] was somewhat stable in the 1980s, and then began to go up and just accelerated, particularly from 1999 to 2011.”

Meanwhile, the number of male DUIs fell during that same period.

Another analyst noted: “We don’t know if more women are drinking and driving … all we do know is that more women are being arrested.”

So why is this all happening?

One spokesperson for the Los Angeles County Sheriff’s Department suggested that an improvement in deputy and officer training could potentially explain the findings. For instance, around 2008, CHP began a concerted, aggressive push to bust drivers for driving under the influence. DUI arrests soon went up. But this doesn’t explain why MALE arrests went down during this time, while FEMALE arrests went up.

Another theory suggests that police have been getting better at identifying drivers who are not just DUI but also under the influence of prescription medications. Potentially, more women than men mix prescription drugs with alcohol. This might explain the discrepancy.

Yet another explanation is purely demographic. More and more women are entering the workforce. Thus, more and more women are driving, instead of staying at home and attending to kids. The surge in female DUI arrests, in other words, has nothing to do with enforcement and everything to do with the fact that the subset of female population that always been more inclined to drive DUI has increased due to socioeconomic and cultural factors.

Whether or not researchers will ever really understand the “big picture” stuff driving this peculiar trend – perhaps the numbers are just a statistical artifact? – you want urgent help with your Los Angeles DUI defense.

Contact attorney Michael Kraut of the Kraut Criminal & DUI Lawyers right now for ethical, thorough, and highly strategic assistance with your case.
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March 19, 2014

Kate Major, Girlfriend of Michael Lohan, Busted for DUI — Dashcam Video Shows Her Crying… a Lot

by Michael Kraut

One of the worst aspects of being arrested for DUI in Los Angeles is the fact that your private moments of weakness can suddenly turn into viral video hits, causing obvious humiliation and potential damage to your brand and future employment and relationship possibilities.

Of course, online tabloids, like TMZ, have no problem putting up such embarrassing videos – especially of celebrities – to generate hits and traffic. To wit, TMZ just published dashcam footage featuring Michael Lohan’s girlfriend, Kate Major, crying to a police officer after being pulled over on suspicion of DUI near her house in Florida. Allegedly, Lohan and Major had been involved in a “blowout argument” (per TMZ). Lohan is father of the famous (or, perhaps, “infamous”) actress Lindsay Lohan. He and Major have a young child together.

After their “blowout,” Major allegedly got behind the wheel. She didn’t make it far – she crashed. A police report says that Major had serious difficulty with her field sobriety tests. She “missed the tip of her nose on her second, third, fourth, and fifth attempts. Touched on her nostril on the second, third, and fourth attempt, touching the space between her nose and upper lip in the fifth attempt.”

She also didn’t do much better when it came to reciting her ABCs: “on her first attempt, she gave the sequence L M X twice and spoke at a really fast pace. On her second attempt, she did not keep her eyes closed and got stuck on the letter V. Major was never able to recite the alphabet A to Z.”

Police say that her BAC was an astonishing 0.243%. For those of you who are keeping at track at home, that’s more than triple the legal limit for DUI in Southern California, as defined by CVC Section 23152. In addition to facing a DUI charge, she also faces a charge of battery for her fisticuffs with Lohan. Her bail was set at $16,000.

Major’s arrest gives us a good segue to discuss the key field sobriety tests used by Southern California police officers to determine DUI:

•   The horizontal gaze nystagmus test. An officer looks into your eyes to see whether you can follow a prompt. A long lag time could indicate DUI.
•   Walk the line test. You’re asked to walk nine paces in both directions on a white line (such as painted line on the road). Loss of balance indicates possible DUI.
•   One leg stand test. An officer will ask you to lift a leg and stand on one foot for 30 seconds. Loss of balance or coordination might indicate DUI.
•   Rhomberg test. You will be asked to tilt your head backwards and count up to 30. Again, loss of balance could indicate DUI.

If you failed your field sobriety tests and got arrested for DUI in Los Angeles, connect with Attorney Michael Kraut today for a free, confidential consultation about your possible next steps. Mr. Kraut is a former prosecutor with an excellent track record (99% plus success rate at jury trials, for instance) and many connections in the Los Angeles criminal defense community.
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March 12, 2014

Horrific Alaska Tale: Driver Suspected of DUI Shot and Killed, After He Failed to Stop

by Michael Kraut

When Los Angeles DUI stops “go wrong,” the consequences can be awful, even occasionally fatal.

Consider the following “worst case scenario” out of Wasilla, Alaska: local authorities say that an Alaska State Trooper shot and skilled a suspected DUI driver. According to reports, police stopped the vehicle north of Parks Highway, after troopers received a report that a DUI driver had been driving near the city limits of Wasilla.

Police tried to pull the vehicle over, but the driver wouldn’t stop. The trooper opened fire and shot at the driver. Authorities pronounced the driver dead on the scene. Another passenger was injured by the gunfire. Fortunately, the passenger’s injuries were not life threatening.

The shooting occurred near a Wal-Mart, east of the main section of the city, near a development called “Whispering Woods.” One local resident claimed that she heard “a lot of sirens” fired by a volley of gun shots. The debris left by the exchange included spray paint and shattered glass.

The last time a Wasilla police officer had needed to use a gun was way back in 2008. (Los Angeles Police, meanwhile, deal with gunfire virtually every day.)

Fortunately, tragedies like what happened up in Wasilla over the weekend are few and far between. However, altercations between DUI suspects and police do happen regularly. Many people, for instance, refuse to submit to a breath or blood test – prompting an arrest and charges per CVC Section 23152 (A) (for the DUI) and per CVC 23612 (for refusing the breath/blood test).

An officer must have probable cause to stop and search you, per the Fourth Amendment to the U.S. Constitution. If an officer cannot simply and clearly articulate why he (or she) stopped you and asked you to take a DUI test, the test may be rendered mood, for legal purposes. You will need to ask for a hearing per Penal Code Section 1538.5.

For technical help dealing with this issue (or with any other aspect of your Los Angeles DUI defense), call the team here at the Kraut Criminal & DUI Lawyers today for a free and systematic consultation.
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March 6, 2014

Anybody Can Get Arrested for DUI Hit and Run – Even a 70-year-old

by Michael Kraut

Imagine a “stereotypical” Los Angeles DUI driver. You might be picturing a young man in his late 20s or early 30s. He returns from a party or a club, and cops pull him over on the 101 for veering across five lanes of traffic in five seconds. This driver is clearly a disruptive influence, and the cops need to get him off the road, stat.

But the actual catalogue of DUI offenders is far more diverse.

Consider, for instance, an Illinois hit-and-run DUI case involving a 70-year-old man from the town of Naperville. Local authorities say Mario Perea caused a DUI accident and then hightailed his way from the scene.

Perea allegedly rear ended another vehicle at a stop light on Route 71 and then fled. Fortunately, the accident didn’t cause any serious injuries. Police eventually caught up with Perea a few miles later and hit him with a battery of charges including: leaving the scene of an accident, DUI, improper lane usage, driving without insurance, transporting alcohol illegally and driving with only one headlight.

It’s a flawed, but very human impulse to flee a crime scene.

But what actually happens if you commit a DUI and then run away, according to California law?

California Vehicle Code Section 20002 outlines the punishments for misdemeanor hit and run in Los Angeles. This CVC will apply if you hit someone else’s property and then leave the scene without identifying yourself or providing information for another person to identify you later. Even if you didn’t cause the crash, you can still be liable per CVC 20002.

You do not have to exchange insurance info, per this code, however. That said, if you don’t, you could be in violation of a separate vehicle code section – 16025. That is a lesser offense — an infraction, rather than a misdemeanor. But you can still be whacked with a fine of $250.

So what are the punishments?

First of all, the California DMV will give you two points on your driving record. Secondly, you can face up to six months in jail, three years probation, fines and fees, and forced restitution to the person (or company) whose property you damaged.

How can you respond effectively these charges?

There are many ways to challenge CVC 20002 charges.

First of all, if you only damaged your vehicle — and not the other person’s property — there is no misdemeanor. Second of all, if you didn’t know that you had been in a collision, you can’t be liable. Third, if you weren’t the driver at the time (e.g. someone else borrowed your car and got into an accident), you can’t be liable.

Connect with the team here at the Kraut Criminal & DUI Lawyers today to get help with a precise strategy to combat your misdemeanor Los Angeles DUI hit and run charges.

February 28, 2014

Did Your Son’s Friend Get a DUI in Los Angeles?

by Michael Kraut

This Los Angeles DUI blog spends a lot of time talking directly to offenders and direct relatives of offenders.

But what if you’re concerned about a person who isn’t in your family? What if one of your teenage son’s good friends, for instance, got arrested for driving under the influence? What then? What should you do? What CAN you do?

Obviously, the answer depends on the context of the arrest. For instance, did your son do anything illegal or not? Was he hurt? Did he supply the alcohol that the other young man drank? How many people were arrested? Did charges include drug possession, hit and run, resisting arrest, etc? If your son faces charges also, you’ll likely want to retain an effective Los Angeles criminal defense lawyer at your earliest convenience.

On the other hand, you might want to consider another subtle danger that has to do with your son’s peer group. As adolescent psychologists will tell you, peers can profoundly influence on one another. If your son, for instance, hangs out with kids who are driving DUI in Los Angeles and engaged in other criminal activity, he will be much more likely to ape that bad behavior and get in trouble himself. As a parent, you have only limited control over your child’s behavior and decisions. But if you can get your son to stop hanging around with kids who break the law, that’s a great idea.

Obviously not every kid who gets arrested is a “bad seed.” And even the most brilliant, moral, sober-minded people make mistakes and go through challenging times. So you shouldn’t necessarily be prejudiced just because of this one incident. However, in general, pay attention to the peer group’s influence, and respectfully steer your son towards people who exhibit values that resonate with you.

For practical, nuts and bolts help with your (or your son’s) underage Los Angeles DUI defense, look to Harvard Law School educated lawyer Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut spent more than 14 years in the District Attorney’s office, prosecuting crimes, so he has a compelling and unique viewpoint on criminal defense cases.
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February 14, 2014

Be Grateful Your Los Angeles DUI Arrest Didn’t Happen in El Salvador…

by Michael Kraut

As someone who was recently arrested for DUI in Los Angeles, you’re feeling pretty down about your situation. California Vehicle Code Section 23512 spells out a variety of punishments — all unpleasant — that could be in your near-term future. These could include fines and fees, court costs, probation, alcohol school, suspension of your CA license, forced installation of an IID device in your car and, of course, jail time.

That’s all less than ideal.

That said, give serious thanks that you did not drive DUI in El Salvador. Why? Because in that country, first time DUI offenders can be punished by death by firing squad!

Let’s take a tour of other DUI punishments from around the world:

•   In the Southeast Asian country of Malaysia, the law of the land says that if you get caught for DUI, not only will you go to jail but your wife will to go to jail, too – even if she didn’t do anything wrong!
•   In South Africa, first time DUI offenders can get a decade long jail sentence on top of a fine equal to $10,000.
•   In Russia, authorities can revoke your driver’s license for life if you get a DUI.
•   In Turkey, if you’re busted for DUI, police can take you 20 miles beyond the town’s borders and march you back by foot via police escort.
•   Bulgaria is almost as intolerant of DUIs as El Salvador is — a second conviction results in execution. (For comparison, a second Los Angeles DUI conviction within 10 years results in escalated penalties as well. You might face a little more jail time, stricter probation terms, more alcohol school, and so forth. But odds are extremely low that you will be executed by firing squad.)
•   Scandinavian countries are also known for their extremely stringent anti-DUI laws. Sweden and Finland both punish the offense with a mandatory one-year jail sentence. In Norway, you lose your license for a year. Two offenses in five years leads to a Russia-style revocation of your driver’s license for life.
•   If you get convicted of Los Angeles DUI, you may find it difficult to travel to Mexico and Canada, both of which have laws on the books that allow Border Patrol agents to stop you from entering their countries if you have a DUI conviction on your record.
•   Even our “civilized friends” across the pond in England and France have tougher DUI laws than we have in the U.S. In France, you get a $1,000 fine, a whole year in jail and the loss of your driver’s license for three years.
•   In England, you get a $250 fine, a year license suspension and up to a year behind bars.

Of course, this article is not meant to convince you that you’re “all in the clear” just because you got arrested in the United States, where the laws are slightly more lenient. In fact, we still live in a relatively punitive society. Fortunately, the team here at the Kraut Criminal & DUI Lawyers can help you come up with an effective, intelligent Los Angeles DUI defense strategy.
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February 10, 2014

Sheriff Accused of Driving DUI Rolls Over Pickup Truck with 4 Kids Inside…

by Michael Kraut

People who are intimately familiar with the dangers of Los Angeles DUI (or DUI anywhere) can still make horrendous mistakes – mistakes which can kill people and traumatize whole communities. Some people make bad mistakes, which, miraculously, do not lead to serious harm.

Fortunately for Utah Sheriff Lieutenant, Jake Adams, his recent DUI crash falls into the latter category.

The 39-year-old Adams, who’s worked at his local Sheriff’s Office since 1988, rolled over his Sheriff’s vehicle — a F150 pickup truck — with all four of his kids inside! According to the Utah Highway Patrol, Adams had been driving on Route 17 near the community of La Verkin at around 4:30 in the afternoon, when his vehicle suffered a “slow speed rollover.”

Todd Royce, a sergeant for the Utah Highway Patrol, reported on how the accident occurred: “Adams drifted off the right shoulder and then overcorrected back to the left. The truck left the roadway and went down a dirt embankment in a sideways slide.” The pickup then flipped onto its hood. Adams suffered a slight injury to his head (a red gash on his forehead), but the children (aged 8 to 14) remarkably made it through the incident without injury.

Police arrested the lieutenant for DUI as well as for making an unsafe lane change and carrying a gun while under the influence.

As Lieutenant Adams probably knows, the immediate hours and days after a DUI charge can be the most pivotal, from a legal point of view. Prosecutors often “jump the gun” and file DUI cases prematurely, prior to collecting enough evidence. An ex-prosecutor — with a thorough and detailed knowledge of how the government typically goes after DUI defendants — can advise you and make sure you follow best practices.

Understand that a California law enforcement agency may not file a DUI charge immediately. Just because you haven’t yet been charged doesn’t mean you’re in the clear. Police may just be doing a thorough investigation to amass as much evidence as possible before charging you.

No matter where you are in your “post Los Angeles DUI journey,” it can behoove you tremendously to connect with an experienced former prosecutor at the Kraut Criminal & DUI Lawyers today to go over your defense options. Michael Kraut is a Harvard Law School educated attorney who’s racked up an impressive 99%-plus success record at jury trials. He maintains excellent relationships with his former prosecutorial colleagues as well as with judges and police officers in L.A. County.
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February 9, 2014

3 Common Los Angeles DUI Defense Mistakes

by Michael Kraut

You’re desperate to build an effective defense to recent Los Angeles DUI charges.

But if you’re like many (perhaps most) defendants, odds are you will make one of the following mistakes that could compromise your chances to fight your charges and potentially lead to unnecessarily long and harsh punishments, like excessive jail time, very steep fines and fees, a lengthy suspension of your California driver’s license, etc. That doesn’t even include all the auxiliary problems that will flow from the DUI arrest/conviction, such as drained self esteem, problems with your relationships and employer, and so forth.

Bearing all that in mind, here are three important blunders to avoid:

1. Blabbing about how much you drank to police.

Your instincts might be to “come clean” to the officer in the hope that he or she will show leniency. Or you might get defensive and deny wrongdoing: “I only had two or three drinks!” Don’t get into that business. Save your explanation for later.

2. Doing stupid things after the stop or accident.

For whatever reason, when people get stopped for DUI, they often lose touch with their senses and engage in wild behavior that puts them and others at risk. This appears to be a somewhat universal problem. (Consider actress Reese Witherspoon’s bizarrely aggressive behavior, after a Georgia trooper pulled over her husband, John Toth, for DUI in the summer of 2013.)

We’ve catalogued diverse examples of this phenomenon at work – drivers who hit and run; who resist arrest; who compound their humiliation by saying or doing totally ridiculous things during or after arrest, etc. The moral is: maintain your composure and dignity. Your behavior after the stop or arrest can have a measurable impact on your punishment (or lack of punishment) and thus on your future.

3. Waiting far too long to connect with a lawyer.

Whether you talk to someone at the Kraut Criminal & DUI Lawyers or find another Los Angeles DUI lawyer that you trust and respect, get experienced insight into your case sooner than later.

Imagine if you had a heart problem. Would you wait days or weeks to call a doctor? Or would you get in touch with a doctor as soon as you could? When your health’s on the line, the choice is clear – you make the call as soon as possible. This same kind of logic applies to your DUI defense. Don’t wait to get insight into your case, so you can start making responsible decisions.

February 5, 2014

Guilty Verdict in Dallas Cowboy Josh Brent’s DUI Manslaughter Case

by Michael Kraut

Breaking Los Angeles DUI news…

A jury has found ex-Dallas Cowboy lineman, Josh Brent, guilty of DUI manslaughter after deliberating for only two days.

Brent crashed his Mercedes in the early morning hours of December 8, 2012, killing his passenger, Jerry Brown, a fellow Cowboy, in an awful crash. The nose tackle — who played 12 games in the 2012 season for the Cowboys — faces up to 20 years behind bars. Stacy Jackson, Brown’s mother, says that she forgives Brent, and she plans to testify to help him get a lighter sentence.

The verdict came just a few weeks after another Texas DUI manslaughter case concluded. In that case, a defendant named Ethan Couch got let off with just probation, after he caused a crash that killed four people. Couch’s “affluenza” defense sparked an intense and vigorous debate in Texas, online, and elsewhere.

The Case Against Brent

Prosecutors showed jurors receipts from the night in question, showing that Brent had purchased three bottles of champagne. Brent was also seen in pictures holding champagne bottles in each hand, and jurors saw footage of Brent in the police vehicle’s dashboard cam stumbling during a field sobriety test. Prosecutors called Brent’s a “textbook” DUI manslaughter case, and they argued “[DUI drivers] shouldn’t be driving, no exceptions, no excuses!”

Jerry Jones, the owners of the Cowboys, talked to the media about the conviction: “certainly it’s tragic. We’ve all, to some degree, have been a part of this… we support Josh. This has been a terrible experience for the families who lost a loved one and for Josh who loved Jerry as well.”

Prosecutors said that Brent and his friends had gone to Privae, a private club in the Dallas area, and consumed alcohol before driving. Brent’s attorney countered that Brent had only been “guilty of being stupid behind the wheel of a car.”

Here’s a quick primer on Southern California DUI gross vehicular manslaughter cases.

Penal Code Section 191.5 (A) outlines what prosecutors must prove to win a gross vehicular manslaughter case.

First, the prosecution must show that a driver was under the influence of drugs or alcohol — i.e. that his blood alcohol concentration was 0.08% or above.

Second, the prosecution must show that the driver committed a misdemeanor or infraction — or some other act that could have caused someone to die.

The prosecution must also show that this act was committed with “gross negligence” – a kind of negligence above and beyond a normal lack of attention or carelessness.

Finally, the prosecution must show that said conduct resulted in someone’s death.

Defending against DUI manslaughter charges can be complex, fraught work. If you or someone you love needs help with a serious Los Angeles DUI defense, connect with ex-prosecutor Michael Kraut and his legal team today for guidance.
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January 30, 2014

19-year-old Walloped with Six DUI Charges in Four Car Accident

by Michael Kraut

19-year-old Kayla Garcia, a Miami woman who allegedly caused a four-car crash on Hallandale Beach Boulevard, faces six DUI charges. The wreck allegedly caused over $27,000 in damage. Fortunately, no one was hurt. Officers who responded said Garcia displayed classic signs of DUI in Los Angeles (or anywhere), including:

• Glassy eyes;
• Trouble walking;
• Failure on road sobriety tests;
• Slurred speech.

Someone at the scene also saw a can of beer (Natural Light) fall on the ground from her car. In addition to four counts of property damage, Garcia faces charges of DUI first offense and DUI with a BAC of over 0.15%.

This is the not the teenager’s first run in with the law: Garcia faces other criminal charges in Miami-Dade County. The judge in her DUI case ordered a GPS monitor for her and set her bail at $40,000. The judge also warned “if it’s found you have consumed any alcohol [after being release on bail], you will be rearrested.” He also ordered her to submit to drug and alcohol testing every week.

The Golden State has a “no tolerance” policy for teen DUIs, and offenders can be punished per the traditional DUI vehicle codes (such as 23152 and 23153) as well as by two other laws, 23136 and 23140. Let’s unpack these and try to understand them.

California Vehicle Code Section 23156 subjects underage drivers (less than 21 years-old) to a mandatory one-year California license suspension, if they test with even a small fraction of alcohol in their systems. A reading of 0.01% on a breath test, for instance, can lead to license suspension. (If you don’t already have your license, you’ll still be penalized – you’ll be forced to wait an extra year before getting your license.)

And that’s just a civil penalty.

A violation of 23140 is classified as infraction: you’ll face a fine in addition to the loss of your driving privileges for a year. A BAC level between 0.05% and 0.07% is enough to trigger this penalty.

And, of course, if you’re over the legal limit of 0.08%, you face a whole gamut of punishments that we’ve discussed in detail on this blog and on the website.

For help getting to the bottom of your charges — and coming up with constructive, intelligent defense options — connect with Harvard Law School educated ex-prosecutor, Michael Kraut, and his legal team today to discuss your Los Angeles DUI defense.
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