Celebrity DUI

Published on: December 15, 2014

Man with Multiple DUI Convictions (An Astonishing 24!) Cited Yet Again

Fingers crossed, your history of driving under the influence in Los Angeles looks nothing like that of David Louis Layne, a fifty-five-year-old resident of Alabaster, Alabama who was recently cited for driving under the influence…. For the 25th time. Come on!

The Shelby County Circuit Court charged him with DUI and third-degree assault, saying Layne drove “recklessly” and injured an occupant of the other vehicle when the auto crash occurred.

If Layne is convicted, this will be his latest in a string of serious DUI convictions that date back decades. Layne has received at least 24 previous DUI convictions in Alabama and remains in Shelby County jail on $101,000 bond. He was formally indicted in October 2014 for causing a crash that injured at least one other person on September 4, 2014. Layne’s next hearing is set for February 24, 2015.

Layne pled not guilty to his most recent DUI charge based on “reason of mental disease or defect.” In recent years, Layne’s DUI convictions have also involved charges of driving on the wrong side of a roadway and driving with a revoked or suspended license. Alabaster police chief Curtis Rigney calls Layne and his circumstances “a tragedy waiting to happen.” Shelby County district attorney Jill Lee corroborates this view, adding that she perceives Layne to be “a danger to the public at large.”

In Los Angeles, DUI penalties can include informal probation for a first offense to DUI school attendance from three to thirty months. Other penalties can include jail time from sixteen months to four years, revocation of a CA driver’s license, and fines up to $5,000. If convicted of felony DUI or second degree murder DUI, the defendant could face revocation of his or her license for up to ten years and possibly life in prison. If released from prison, a defendant in a second degree murder DUI case must be on parole status for up to five years.

Michael Kraut and the Los Angeles DUI attorneys of the Kraut Criminal & DUI Lawyers would agree people like Layne can be quite dangerous, but most people who get arrested for similar crimes do not have anything like that kind of checkered driving history. Mr. Kraut would like to remind readers that multiple DUI convictions in Los Angeles and the greater area can result in escalating punishments, including the elevation of what would be a misdemeanor to a felony. The increasingly harsh discipline for multiple DUIs can affect a person’s physical and mental health, self-concept, career prospects, and more.

Published on: December 8, 2014

Driver Arrested for DUI on Golden Gate Bridge: Amazing Footage Captivates Nation

by Michael Kraut

Some Los Angeles DUI crashes are more “picturesque” than others.

Most people enjoy visiting the Golden Gate Bridge, but few tourists actually drive Ford Mustangs onto the bridge and get stuck there, even if they’re driving under the influence of alcohol. Unfortunately, this is exactly the position 44-year-old Daniel Soto found himself in last Tuesday.

Allegedly, Soto had been traveling southbound through San Francisco trying to beat morning rush-hour traffic, when he lost control of his Ford Mustang, plowing over one of the Golden Gate Bridge’s steel barriers and through a steel gate before landing on a nearby sidewalk. Soto’s airbags were deployed, so his car became “wedged” on the narrow sidewalk according to California Highway Patrol Officer Andrew Barclay. Soto sustained only minor injuries.

Barclay called the incident “uncommon,” and in its own way, the story may seem humorous. However, Soto’s poor decision last Tuesday could have easily resulted in severe injuries or death for him and the citizens around him. Every DUI incident must be taken seriously, and its consequences examined thoroughly to prevent similar incidents.

Driving under the influence can lead to poor decision making on several levels. For example, high blood alcohol levels tend to affect one’s sensory perception. It often becomes difficult for an inebriated driver to see the road, the median, or surrounding traffic.

Many people drink because they are depressed or angry. Once someone in this emotional state gets behind the wheel, his or her potential for injury to self or others skyrockets. The driver’s strong emotions cloud judgment and critical thinking skills, making him or her vulnerable to poor decisions.

Finally, some drivers decide to drive under the influence because they think it will be adventurous or fun. Unfortunately, what starts out as a joyride with friends often turns into a DUI citation, a trip to the local jail, fines, and probation. Poor decisions made out of a desire to have fun while under the influence can also result in gratuitous property damage and embarrassment, as Daniel Soto discovered.

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.

Published on: November 21, 2014

Cake Boss Celebrity Busted on DUI Charges

by Michael Kraut

Los Angeles DUI charges involving celebrities inevitably attract ridiculous amounts of attention from the press and from the lay public – and for understandable reasons.

We look up to celebrities, even if they became famous because of bad behavior or brash, outstanding opinions. Celebrity DUI arrests also force us to reflect on our status, since we often pin our hopes, dreams, fears and expectations on famous people with larger than life personalities.

In that light, let’s take a look at the recent DUI arrest of Buddy Valastro, much better known as the “Cake Boss.” According to reports from CBS New York, police arrested Valastro for DUI in Manhattan last Thursday morning, after officers saw him swerve in his yellow 2014 Corvette near 10th Avenue. Police pulled him over and said that Valastro exhibited symptoms typical of DUI, including bloodshot eyes and the odor of alcohol on his breath.

According to an Assistant DA, who is dealing with the case, Valastro told police “you can’t arrest me! I am the Cake Boss!” And he also apparently asked them for lenience: “can you just put me in a cab? I don’t have to be arrested. I am not a bad guy.”

Officers say that he failed a field sobriety test, which likely included tests similar to the ones used here in Southern California, such as walk the line test, finger to the nose test, count backwards by threes test, stand on one leg and balance test, and so forth.

Authorities hit him with two counts of DUI. He later released a statement: “please know that I want to share and explain to you what happened today and I look forward to doing so at a later date.”

In addition to starring on TLC’s “Cake Boss” reality show, Valastro owns bakeries in Los Vegas, Queens, Manhattan and New Jersey. Valastro is due back in court on January 2015; this was his very first offense.

When you read stories like this in the news, you might instantly assume that Valastro was guilty (or likely guilty) because he allegedly failed the field sobriety tests and exhibited so called symptoms of DUI. But as we’ve touched on many times, those tests can lead to false positives. For instance, you can fail sobriety test because you are tired, confused, or just nauseous and sick. Likewise, you can exhibit symptoms of DUI because you are on a ketogenic low carb diet… although it’s probably unlikely that the Cake Boss has been eschewing all carbohydrates.

For help exploring your potential defense options, call Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers today to schedule a complementary and confidential consultation with an experienced Los Angeles DUI criminal defense lawyer.

Published on: November 12, 2014

Michael Phelps’ DUI Trial Postponed Until December

by Michael Kraut

Even if your Los Angeles DUI story wound up in the news because you did or said something ridiculous to the police or got involved in a serious or fatal accident, you probably will not get nearly as much media scrutiny for what you did as will mega-Olympian, Michael Phelps.

As we reported several weeks ago, police in Maryland arrested the 18 time Olympic champ on September 30th for speeding and steering over the double lanes on I-95 in Maryland. Police say that Phelps tallied a 0.14% on his BAC test. (For a point of reference, the legal limit here in Southern California is just 0.08% BAC.)

The 29-year-old already pled guilty to a DUI 10 years ago, in 2004; at the time, the court considered him a young offender and gave him just an 18 month probationary sentence.

Originally, Phelps’ trial for this latest DUI had been scheduled for November 19th, but per a request from his DUI defense lawyer, Phelps got the date pushed to December 19th. In early October, Phelps said that he would be attending a six week impatient program to “provide the help I need to better understand myself.”

After the 2012 Olympics, Phelps announced his retirement from swimming. But in April this year, he reentered serious training and competition with the hopes of returning to the Olympic platform again in 2016 in Rio de Janeiro. However, the DUI has thrown a kink in these plans. U.S.A. Swimming punished Phelps almost immediately for his DUI by banning him for six months from competition and forbidding him from participating in the World Championships next summer, thus making his bid to return to the Olympics more challenging and uncertain.

The main takeaway from Phelps’ story is that DUI arrests can have profound ramifications for your career, your day-to-day life, and even your self esteem and relationships. The silver lining is that help is available. An effective, highly qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers would be happy to provide a confidential and thorough consultation about your case and give you important insights into your strategic options. Call us now to set up a free consultation.

Published on: November 7, 2014

Demetrius Cherry, Defensive End for Arizona State, Arrested for DUI – Are Football Players Really Prone to More DUIs than the Rest Of Us?

by Michael Kraut

Los Angeles DUI blogs like this one are inevitably attracted to stories about celebrity DUI arrests. But is our coverage biased? Do NFL players, for instance, get arrested for crimes like DUI at unsually high rates?

Over the weekend, police in Tempe Arizona arrested Demetrius Cherry, a junior defensive end for Arizona State. According to reports, police stopped him at South McAllister Avenue and University Drive at around 1:46 in the morning. Details of the arrest – such as what his blood alcohol concentration allegedly was and why police stopped him in the first place – have not been made public.

Cherry’s coach suspended him from Saturday’s game against Utah.

The arrest stimulates interesting thinking about the relevance of NFL and collegiate football DUIs to the national conversation about DUI. News agencies and blogs like this one seem to constantly be discussing NFL and collegiate football DUIs, because they’re often in the news, and because people tend to be curious when celebrities mess up.

However, just because such stories appear in the news frequently does not necessarily mean that NFL players, on average, break DUI driving laws more frequently than average citizens do. The problem is an availability bias. Since we constantly see news stories about football players getting arrested for DUI, we tend to think that DUI must be epidemic among them.

But what’s really epidemic is the COVERAGE of these arrests.

When an IT worker drives while over the legal limit, and police pull him over an hour later and test him to have a blood alcohol concentration of 0.12 percent (one and half times the California legal limit), that story will not make the news… unless of course the IT worker does something extraordinary, like kill someone or make a ridiculous comment to the police.

But when a NFL player is busted for DUI, for any reason, it’s news.

For help understanding your legal situation, turn to an experienced Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers. Schedule a free consultation with a former Deputy District Attorney (high-level prosecutor) about your case.

Published on: November 3, 2014

Awful Story — After a DUI Accident, Victim Shot to Death by Police in Hospital

by Michael Kraut

The aftermath of Los Angeles DUI accidents can be quite traumatic and confusing. DUI suspects can make errors or engage in dumb behaviors that can put people (and police officers) at risk of injury and lead to criminal charges. Police officers and other responders can also make errors and misjudgments, which can complicate the situation.

One dramatic and very sad story out of Highland Park, Illinois, illustrates the complexities that often accompany DUI arrests. According to local news sources, a man from Waukegan died at a local hospital after police officers shot him. Here’s how the scenario reportedly unfolded. An alleged DUI accident on Illinois Route 94 attracted the attention of Illinois State Police, who found two injured passengers, Christopher Anderson, 27-year-old, and his 9-year-old daughter, Alaysia. Later that morning, hospital staff called police officers to respond to a very aggressive patient, who allegedly brandished a handgun, demanding to see his daughter. Police responded by shooting Anderson fatally.

The incident stoked alarm from some members of the community. The local paper quoted community activist Ralph Peterson, who asked: “how could a 27-year-old whose daughter is seeking medical attention end up dead?” Of course, if the man, indeed, had pulled a gun on hospital workers in an aggressive manner, the police obviously had a right to respond and protect themselves as well as any nurses, doctors and patients in harm’s way.

Stories like this remind us of how important it is to collect quality evidence. Did the police err or engage in misjudgments? Were the breathalyzer test and field sobriety tests and other assessments used by authorities fair and accurate?

To solve the puzzle of your criminal defense, trust an experienced, highly qualified Los Angeles DUI criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut spent over 14 years working as a prosecutor, and he has the knowledge and relationships you need to build an effective defense.

Published on: October 10, 2014

USA Swimming Brings Down Hammer on Michael Phelps for His DUI

by Michael Kraut

Many people – including celebrities, actors, sport stars and captains of industry — underestimate the damage that non-injury Los Angeles DUI arrests can do to their careers.

Even if you didn’t hurt anybody — and you likely won’t be charged with a felony per California Vehicle Code Section 23153 (the injury DUI section) — you may still have to face nominal jail time as well as other inconveniences, like probation, license suspension, community service, etcetera. But if you have enough resources, those punishments may not feel like much. After all, if you have millions of dollars, a thousand dollar fine won’t make much of a dent in your pocketbook. If you have a limo service, losing your license won’t be a game changed, necessarily, although it still could be quite inconvenient.

But DUIs can have repercussions that go far beyond the legal penalties. To wit, witness the stunning turn of events for Olympian Michael Phelps – the most gold-medal-decorated athlete in the Olympic history – who found himself under arrest for DUI in Baltimore two weeks ago, after police stopped him for driving 80+ miles per hour in a 45 mile per hour zone and weaving across lanes.

Phelps allegedly behaved in a gentlemanly fashion and cooperated with officers. He even took to Twitter and apologized to his fans around the world. But that was not good enough for USA Swimming, the official governing body of his sport, which suspended Phelps for six months from competing. That means that he won’t be able to represent the U.S. during the FINA World Championships next year.

The Huffington Post dramatically framed the situation: “It’s possible that USA Swimming didn’t just remove Michael Phelps from the 2015 World Championships. It’s possible USA Swimming just ended his career.”

Now, Phelps obviously has accrued tremendous wealth and prestige – and he had intimated previously that he wanted to retire from his sport. But USA Swimming dealt a very vigorous blow to its most well known athlete.

If a DUI could end Phelps’ career, what could it do to your?

To defend yourself from the scary consequences of a DUI charge, contact an experienced former prosecutor with the Kraut Criminal & DUI Lawyers today to schedule a free consultation. Call a Los Angeles DUI defense lawyer immediately to protect and preserve your rights.

Published on: October 6, 2014

Drug DUI for Amanda Bynes Creates Major Problems for Beleaguered Actress

by Michael Kraut

Of all the celebrity Los Angeles DUI cases that we’ve covered on this blog over many years, the peculiar case of Amanda Bynes has stood out, because the actress’ encounters with the law have had less to do with willful rule breaking and more to do with mental illness.

The ex-child star, who earned fame in movies like Hairspray, found herself in handcuffs again on Monday, after police arrested her for driving under the influence of drugs. According to news outlets, the actress had stopped taking her antipsychotic medication and “started smoking pot again and drinking again.” Previously, she had been admitted to a psychiatric hospital, after she threw a bong out of an apartment building in New York City and later lit a fire in the driveway of a complete stranger. She had enrolled in the Fashion Institute of Design and Merchandising in Southern California after completing a court-ordered parentally supervised conservatorship. An anonymous source claimed to RadarOnline that the 28-year-old actress “is absolutely out of control.”

Per TMZ.com, Bynes had been driving high on the drug Adderall when police stopped her in the San Fernando Valley. They administered toxicology tests, and police said it will take 60 days to determine what, if anything, she had been using. Leland Tang, an officer for the California Highway Patrol, said “we would have released [information about what drugs she had in her possession] if we knew it was a stimulant…we won’t know for sure until the toxicology comes back.”

Getting arrested for drug DUI can be complex, but you may be able to challenge the arrest on multiple grounds. An experienced, strategic and compassionate Los Angeles DUI defense lawyer, such as ex-prosecutor Michael Kraut of the Kraut Criminal & DUI Lawyers, can help you understand your options and develop and execute a consistent defense.

Published on: October 3, 2014

Most Decorated Olympian in History Gets a Second DUI: What’s Next for Michael Phelps?

by Michael Kraut

When ultra Olympian Michael Phelps got arrested in 2004 for DUI, he had not yet become an uber Olympic legend. When he got caught with a bong in 2009, he had already transformed the Olympics, but he had not yet become the most gold-decorated Olympian in history.

Today, however, Phelps has more gold medals than any one out of the 100 billion people who have ever walked the face of the Earth… and he also has not one but two DUIs under his belt.

According to Baltimore police, Phelps had been driving 84 miles per hour in a 45 mile per hour zone on I-395 in his 2014 Land Rover. Police stopped him near the toll plaza of the Fort McHenry Tunnel at around 1:40 AM and charged him with driving under the influence. The swimmer allegedly behaved in a gentlemanly fashion and cooperated with the officer. He then almost immediately took to Twitter to apologize to his fans and to the world for what happened. He wrote a series of three tweets: “(1/3) Earlier this morning, I was arrested and charged with DUI, excessive speeding and crossing double lane lines. (2/3) I understand the severity of my actions and take full responsibility. (3/3) I know these words may not mean much right now but I am deeply sorry to everyone I have let down.”

The 29-year-old champion – who has 18 gold medals in his possession – may soon find himself struggling with corporate sponsors.

The New York Daily News quoted Dean Crutchfield, a brand consultant, about Phelps’ brushes with the law and what they might mean. Crutchfield said, “the difference between a rut and a grave is the depth – and Phelps is digging deep.” He also said “I hope Michael has saved a lot of money because… he is about to have his income curtailed and future sponsorships blocked.”

On the flip side, the Daily News quoted Darren Marshall, a top VP at a major Chicago sports marketing film, who said “Phelps won’t lose sponsors due to this.” Of course, while the financial implications of a DUI could be pretty severe for anyone – including a sports celebrity – the legal implications could be even more severe.

If you’re convicted multiple times for DUI in Los Angeles, you can face extra penalties, such as increased jail time, longer probation, steeper fines and fees, and the possibility that prosecutors may try to elevate what would ordinarily be a DUI misdemeanor to a felony charge (if you’ve had 3-plus DUIs within the last 10 years).

For help understanding what you can do to protect your rights and freedom after a DUI, contact an experienced Los Angeles DUI attorney here at the Kraut Criminal & DUI Lawyers for a free and confidential consultation with a former high level Los Angeles city prosecutor.

Published on: September 29, 2014

Le’Veon Bell’s DUI Charges May Not Result in Suspension

by Michael Kraut

If you’re facing DUI charges in Los Angeles, you may begin experiencing negative consequences before the court even hears your case. Consider, for instance, the challenges that confront Pittsburgh Steeler, Le’Veon Bell, who may face a two-game suspension and other sanctions from the league and from his club, as the result of a recent DUI arrest.

Authorities arrested Bell for DUI in August. After police pulled him over, he allegedly admitted to having smoked marijuana earlier in the day and to possessing a bag of the substance. He also allegedly claimed that he was unaware of the law prohibiting driving under the influence of marijuana, claiming he wasn’t “high” enough for the drug to have impaired his driving.

The NFL’s new substance abuse policy imposes a mandatory suspension on players arrested for DUI. The suspension occurs only after a player has failed to resolve the matter within the league’s stated “grace period.” Under this policy, Bell must resolve his DUI charge before November 1 to prevent a suspension from going into effect. However, he may receive a one-game suspension for marijuana possession, regardless of the outcome of the DUI case.

Bell’s Legal Woes — Just the Most Recent among NFL Players

Bell is certainly not the only NFL player who has experienced a run-in with the law in recent months. High-profile cases in which the NFL has suspended or banned players include:

• Ray Rice. After video footage emerged of running back Rice punching his wife in an elevator, corporate sponsors and fans alike expressed outrage and disbelief. Prior to the release of the footage, the NFL had only punished Rice with a 2 game suspension. After the revelation, however, the NFL suspended Rice indefinitely, and the Ravens terminated him.

• Adrian Peterson. The Minnesota Viking running back faces allegations that he abused his 4 year old son by hitting him with a tree branch. The Vikings responded to the horrifying news by deactivating the player until he resolves his legal issues.

An arrest for DUI can be a serious legal matter that can have profound personal and professional consequences. A Los Angeles DUI attorney can help you defend against such charges and return to work as soon as possible. Contact the Kraut Criminal & DUI Lawyers today to schedule a free consultation regarding your case.