DUI Defenses

Published on: August 26, 2015

DUIs With A Twist

Although there’s no such thing as a typical arrest for DUI in Los Angeles, most cases don’t stand out as memorable for police officers. But sometimes they come across a DUI suspect that they will remember—and are likely tell stories about—for years to come.

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Once such incident occurred recently in Santa Rosa, California. California Highway Patrol officers stopped Christopher McFarlane near College Avenue in the early morning hours of Saturday, August 8th. According to the Press Democrat, they had seen him an hour or so before; he was a passenger in a car they previously pulled over.

Officers eventually arrested the female driver of that car on DUI charges and warned McFarlane—who allegedly appeared drunk—not to attempt to drive for a while. He agreed. But a short time later, as officers were leaving the jail where they had booked McFarlane’s friend, they noticed him behind the wheel of another car. He failed a field sobriety test and the police eventually booked him not only on DUI but also on driving on a suspended license and violating his probation. (McFarlane was on probation because of a previous DUI conviction.)

In Wildwood, Florida, 33-year-old Christina Anne Marie Lamoreaux told officers who charged her with DUI that they should arrest her dog and not her. Lamoreaux had fled the scene after hitting an apartment building with her car. When police caught up with her later in her own apartment she said she had intended all along to pay for the damage. She insisted that the accident wasn’t her fault—if they wanted to arrest someone, they should arrest the dog, who (she claimed) had caused the accident.

But officers, noticing that Lamoreaux smelled of alcohol and appeared confused, asked her take a sobriety test. When she refused, they hauled her off to jail, charging her with DUI, hit and run involving property damage and resisting arrest. (The dog apparently won’t face charges.)

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

Published on: August 24, 2015

Is Uber Reducing California DUIs?

by Michael Kraut

Could ride-sharing apps like Uber make a significant dent in the number of fatal accidents related to DUI in Los Angeles? Two students at Temple University are saying they already are.

Brad Greenwood and Sunil Wattal wrote a paper investigating how the entry of Uber influences the rate of alcohol-related motor vehicle homicides. Their findings—shared in a paper called “Show Me the Way to Go Home: An Empirical Investigation of Ride Sharing and Alcohol Related Motor Vehicle Homicide”–show a significant drop in the rate of DUI homicides between 2011 (when Uber entered the California market in San Francisco) and 2013.

According to The Daily Signal website, the study states that “the entrance of UberX results in a 3.6 percent–5.6 percent decrease in the rate of motor vehicle homicides per quarter in the state of California.” The authors extrapolated this data to a national level: “With more than 13 thousand deaths occurring nationally each year due to alcohol-related car crashes at a cost of 37 billion dollars, results indicate that a complete implementation of UberX would create a public welfare net of over 1.3 billion dollars to American taxpayers and save roughly 500 lives annually.”

Uber X is the least expensive level of the Uber service. Greenwood and Wattal say that the affordability of the service (as opposed to more expensive taxis or higher levels of Uber service) is keeping the DUI homicide rate down.

The Daily Signal story noted that police made only two DUI arrests in San Francisco over the 2015 New Year’s Eve holiday period, the lowest number since 2009. But those numbers didn’t hold up all over the state. According to an article last January in the Los Angeles Times, the California Highway Patrol made 219 DUI arrests in Los Angeles County during the New Year’s Eve holiday, up from 104 in 2014. Across the state CHP made 1,072 DUI arrests during the holiday in 2015 compared with 457 in 2014.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.

Published on: August 19, 2015

DUI Stories You Don’t Hear Every Day

by Michael Kraut

People out on bail after an arrest for a DUI in Los Angeles may try to avoid going to court (and possibly to jail). But few can match David Doyle Abbey Jr.’s ability to evade capture. Until mid-August, he had managed to dodge a court appearance on DUI charges for more than 20 years.

Abbey was riding a bike along a street in Anderson, California, when police stopped him as they searched for a stolen bike. When officers ran his name through the system, they discovered that Marin County had an outstanding felony warrant against him for causing injury while driving under the influence of drugs or alcohol. The police escorted Abbey to jail—21 years late—and he’s likely to remain there because the courts haven’t granted him bail.

While Abbey managed to stay out of the police spotlight for more than two decades, Gilbert Phelps of Iowa City, Iowa, apparently enjoyed the chance to hang out with them. According to KCCI TV authorities pulled over the 20-year old around 2 a.m. on August 6th for speeding. The arresting officer noticed a strong smell of alcohol, and Phelps admitted that he had been smoking pot before driving. As the officer prepared to give Phelps a breathalyzer test, the young man asked if he could take a selfie with him.

It’s not clear which is more bizarre–the fact that Phelps, smiling broadly, wanted to memorialize his moment of infamy via a selfie posted to Snapchat—or the fact that Iowa City Police Officer Ben Hekoten also appears in the background of the shot with a big smile and a thumbs up sign. (Maybe he had just met his DUI arrest quota that month?)

Police charged Phelps with a DUI. He’s scheduled to appear in court in mid-August; family and friends may want to watch for a selfie of that memorable moment in his life as well.

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

Published on: August 17, 2015

DUI Arrest Leads To Brain Tumor Diagnosis

by Michael Kraut

When police pull someone over on suspicion of a DUI in Los Angeles, they rarely find that the driver has a blood alcohol content that measures 0.0. While most people would be angry or upset if police stopped them unjustly, a woman in Frisco, Texas, should be thankful that the officers took action. The arrest set off a chain of events that probably saved her life.

On July 31, Julie Cunningham hit a curb and crashed her car into a fire hydrant after dropping her kids off at daycare, according to KAGS TV. Despite the fact that the breathalyzer showed her BAC at 0.0, police arrested her for DUI, and she spent the night in jail.

Cunningham’s family insists that she doesn’t drink and isn’t taking any medication, so police had no good reason to make the DUI arrest. But they do admit that when her brother picked her up from jail the next morning, Cunningham had slurred speech and no recollection at all of what had happened the day before.

Cunningham’s family took her to the University of Texas Southwestern Medical Center, where tests revealed that she had a tumor the size of a lemon lodged in her brain. Surgeons removed it right away; while the growth wasn’t cancerous, there is some evidence of abnormal cells in the area.

Cunningham has faced some difficult situations before; she enlisted in the Navy after 9/11, spent four years in the service and is currently raising four kids on her own. Although her in-hospital recovery after brain surgery took more than three weeks, there’s one trauma she isn’t facing right now; she has no memory of her arrest or her night in jail. Meanwhile, Frisco police officers haven’t filed any DUI charges against her; while it’s likely they will dismiss the matter, they do have to wait for the toxicology results before they can completely clear her.

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.

Published on: August 10, 2015

DUI Teen Does Double Damage to Police Cars

by Michael Kraut

Police officers know that that they may be at risk when they’re called to pursue someone suspected of DUI in Los Angeles. If the driver suddenly takes a turn or doesn’t stop at a DUI checkpoint, their vehicles can suffer damage—and so can they. Last May, for example, a DUI driver injured two Detroit police officers when he smashed his truck into the rear end of their police car. But the damage didn’t end there—the truck also hit two officers who were standing nearby.

But not many DUI drivers hit two separate police cars—at different sites—in the same evening.

A 17-year old girl in Boise, Idaho, managed to do it. She first rear-ended a white Honda at Cole and West Ustick Roads; the Honda, pushed forward, then rear-ended a patrol vehicle driven by a deputy from the Ada County Sheriff’s Department.
Instead of stopping when the deputy got out of his car, the teen drove off, hitting several garbage cans on a sidewalk along the way. She eventually ran a red light on Veteran’s Memorial Parkway and slammed into a Boise Police Department vehicle. The officer suffered a head and a leg injury (fortunately not too serious).

When other officers arrived at the scene they noticed the young woman appeared to be intoxicated. So after a quick stop at the hospital to ensure she wasn’t injured badly, and to take a sample of her blood to check the blood alcohol content, they took her to ADA County Juvenile Detention Center.

The teen faces charges of felony aggravated DUI and three misdemeanor charges of leaving the scene of an accident. Since she is under the age of 21 she’ll automatically lose her license for at least 60 days if her BAC registered .02 or higher.

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.

Published on: August 3, 2015

Maybe It Was the Blue Moon [A Bizarre DUI Tale]

by Michael Kraut

Some people claim that full moons can influence people in strange ways, causing unusual behaviors around the time that they appear. July 2015, with its two full moons (the second is known as a blue moon), saw more than its share of unusual DUI stories from around the country. (No word yet on any weird arrests for DUI in Los Angeles during this time.)

Police in Shelbyville, Tennessee, certainly had their hands full when they arrested Lawrence Howard, Jr., age 52, on a charge of DUI. The timesfreepress.com reports that Howard kicked and screamed in the back of the patrol car after the officer hauled him inside. When that didn’t get Howard any results, he started yelling that officers had messed up because he was the one keeping ISIS out of Shelbyville. The cops apparently were unalarmed by the warning, presumably because they had previously seen Howard run a stop sign and fail field sobriety tests.

The police charged Howard not only with DUI but also with running a stop sign, disorderly conduct, refusing a blood test, and failing to have proof of insurance.

In West Windsor, Pennsylvania, meanwhile, a golfer who had probably spent too much time at the 19th hole decided to take his golf cart out for a drive. Geoffrey Kleid, age 43, apparently didn’t like the fact that a golf course ranger who saw him driving erratically tried to make him stop the cart. Instead of coming to a halt, he veered onto Village Road West where he struck a car.
Police charged Kleid not only with DUI but also with reckless driving, careless driving and failure to stop or yield.

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.

Published on: July 31, 2015

Sometimes Money Doesn’t Talk [Can You Bribe Away a DUI Charge?]

by Michael Kraut

A Los Angeles DUI may earn a first-time intoxicated driver a brief stint in jail and a hefty fine. But if you throw in a theft charge and attempted bribery, the consequences could be a lot more severe. A 25-year-old California man, Michael Kelly, may soon find out just how severe.

According to the website Steamboat Today, the disturbing events all started around 2 a.m. on July 15th, when Kelly’s roommate called police in Steamboat, Colorado, and told them that Kelly had stolen his 2004 Grand Jeep Cherokee. After a brief search, the cops found the vehicle with its lights on, stopped in the parking lot of a local park. Kelly was standing beside the Jeep. Officers pulled their guns, ordered Kelly to the ground, and arrested him.

Kelly said that his roommate had lent him the car (which apparently was news to the roommate). During this conversation, however, the officers began to suspect that Kelly was under the influence. He denied drinking, but his roommate told the cops that Kelly had actually consumed half a pint of whiskey that night.

At that point, it must have dawned on Kelly that he was in a bit of trouble. But he had an idea (not a good one) on how to get out of it. Telling police he had $400 in his wallet, he offered them $50 if they would just give him a ride home.

The police declined his generous offer and opted to take Kelly to jail instead. Once there, after Kelly refused a breathalyzer test, the police charged him with DUI, driving without a license, felony motor vehicle theft and felony bribery.

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.

Published on: July 27, 2015

DUI Drivers Lose Their Shot at Parent Of The Year

by Michael Kraut

Drivers arrested for a Los Angeles DUI won’t win any medals for good conduct. But they do open themselves up to strong condemnation when they put their children at risk by loading them into a vehicle and then driving under the influence. Unfortunately, newspapers throughout the U.S. report this kind of incident almost every day.

For instance, the Daily Press in Talequah, Oklahoma, reported that Lucy Danielle Sanders, age 27, buckled her 21-month-old son into his car seat but left one of his arms dangling out of the harness. She drove off, but police picked her up after she allegedly crossed the white line on a local bypass. Sanders not only failed the field sobriety test; she couldn’t complete it, because she couldn’t keep her balance, according to reports. The charges the cops filed against her included driving under the influence of drugs, child endangerment and failing to properly restrain a child.

At least Sanders made an attempt to secure her child in the car. When police stopped Joseph Ramos in South Windsor, Connecticut, a few days later, his young child allegedly was asleep in the back seat without even a seat belt buckled around him for protection. Police stopped Ramos, age 41, for a traffic violation. But then officers noticed that he appeared to be driving under the influence. Ramos failed a road sobriety test, and officers carted him off to jail, where they charged him with DUI, risk of injury to a minor, failure to wear a seat belt and failure to secure a child.

There’s no word on what happened to the kids in either case, but hopefully they made it home safely in the custody of a sober driver.

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.

Published on: July 23, 2015

Racing to Jail: A Terrifying DUI Story

by Michael Kraut

Police officers frequently cite motorists arrested for DUI in Los Angeles for related offenses such as speeding and running red lights. In Los Banos, California, one motorist’s behavior recently resulted in another far more grievous charge—vehicular manslaughter.

ABC 30 reports that 20-year-old Marcus Perez-Negrete and 19-year-old Casey Giannone had spent the evening drinking before they decided to top off the night with a little street racing. They sped down Santa Rita Avenue; when Negrete got to the stop sign at D Street, he allegedly didn’t bother to stop.

As Perez-Negrete’s blue Saturn Astra barreled through the intersection, it struck a red Chevy Aveo. The Astra flipped over, landing on its roof. Perez-Negrete walked away from the crash; so did his passenger.

Although the 64-year-old driver of the Aveo survived the crash, his 61-year old passenger and co-worker wasn’t as lucky. He died from his injuries. The two men had double bad luck that day; they couldn’t work at their picking jobs, because the field was flooded, and their unplanned return home put them right in the path of Perez-Negrete’s car.

The crash startled people living along the quiet street, waking them with a noise that one resident described as sounding like a bomb exploding.

Police wasted little time in sizing up the situation and taking Perez-Negrete to jail. They charged him with driving under the influence and with vehicular manslaughter. The court set his bond at a substantial $400,000. While his street race competitor didn’t face the manslaughter charge, cops charged her with DUI, reckless driving and driving without a license.

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.

Published on: July 21, 2015

Second Down on DUI for former NFL Player

by Michael Kraut

Quarterbacks in the NFL typically have a lot of room to run. But one former NFL player, Donovan McNabb, will be looking at much closer quarters for three months if a recent second arrest for a DUI holds up in court and he ends up in jail. It’s too bad for him that the mandatory DUI penalties in Arizona are much tougher than California’s DUI penalties. If McNabb received the typical second-offense sentence for a DUI in Los Angeles, he might serve as few as 96 hours in jail.

McNabb, the Philadelphia Eagles’ former Super Bowl quarterback, was heading home from a sports bar on June 28 when he rear-ended a vehicle driven by the wife of a Gila River tribal police officer, according to AP reports. (Fortunately the accident didn’t cause any injuries.) When officers arrived on the scene they noticed McNabb’s watery eyes and fruity breath and asked if he had been drinking. McNabb responded that the cough syrup and cough drops he was taking for his cold were causing his symptoms.

The cops didn’t buy it. During the field sobriety test, McNabb couldn’t keep his balance and kept swaying from side to side. Police took him into the station and charged him with suspicion of DUI.

Because it’s McNabb’s second DUI offense, he could be spending 90 days in jail under Arizona’s mandatory DUI sentencing laws. The former NFL player previously served 24 days in jail for his first DUI conviction in 2014.
McNabb, who retired from football in 2011, has taken a leave of absence from his job hosting a sports radio show on ESPN.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.