DUI Defenses

Published on: April 30, 2015

“Smiley Face” Driver Faces Extended Jail Time

Getting pulled over for a DUI in Los Angeles is nothing to smile about. Neither is causing an accident in which someone is killed. Twenty-five-year-old Michael J. Vanwanger of Coons Rapid, Minnesota, who posted a smiley face on Facebook after his involvement in a fatal accident, may spend some of his time behind bars regretting his lighthearted comment.

Vanwanger had already sideswiped another car when he plowed into a vehicle driven by 16-year-old Jason McCarthy of Brooklyn Center last summer. Cross-country runner and guitarist McCarthy was waiting in a left turn lane when Vanwanger’s car, speeding at 62 miles per hour, smashed into him from behind. The teen lingered a week in the hospital before succumbing to his injuries.
Police at the scene said that Vanwanger, who was slightly injured in the accident, smelled of alcohol. They conducted a blood alcohol content test after taking him to the hospital.

According to the Star Tribune, Vanwanger made a very bad situation even worse by posting the day after the accident a photo of his wrecked car on Facebook with the caption “That’s her front end after I got done with her lol.” It was followed by a smiley face. Another post said that he was “all good” after sleeping a day in the hospital.

At the time of the accident, Vanwagner was driving on a suspended license and was on probation after a conviction for making terroristic threats.

Vanwanger said that when he made the comments he didn’t realize that anyone was hurt. He eventually pled guilty to felony criminal vehicular homicide. A county judge recently sentenced him to nine years in prison, considerably more time than the six and a half years called for under state sentencing guidelines.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

Published on: April 29, 2015

Are DUI Drivers a Threat to the Power Grid?

by Michael Kraut

Most drivers arrested for a Los Angeles DUI prefer keeping the legal proceedings quiet to avoid possible employment and social repercussions. But when an alleged DUI driver hits a utility pole, knocking out power to hundreds or thousands of people, it can be harder to keep the arrest under wrap.

At least some of Avista Utilities’ customers in North Spokane, Washington, have probably heard the name Hailey Barker in conjunction with DUI. The 20-year-old driver hit a telephone pole around 7:45 p.m. on Sunday, April 19th. More than 300 customers lost their power, some for a few hours and some for almost 10 hours. Fans of country music, who missed out on the 50th anniversary broadcast of the Country Music Awards, were probably not displeased to learn that police arrested Barker on suspicion of DUI and impounded her car.

Across the country, in Burlington, Vermont, John D. Callahan went up against not one utility pole but two on earlier that same day. Police found the 24-year-old man in his car, surrounded by downed wires, at a pole on Hinesburg Road around 3 a.m. Callahan’s roadside breath test registered 0.176 blood alcohol content, but the driver refused to take an evidentiary blood test during processing on a DUI charge. Green Mountain Power responded to the accident scene to restore power.

Finally, in Omaha, Nebraska, 29-year-old Darrell McElderry led police on a high-speed chase before hitting a street light and sending electrical wires onto 13th Street. Police arrested him early Sunday morning for a third-offense DUI, driving on a suspended/revoked license and driving the wrong way on a public road.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers 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: April 27, 2015

Boxer’s DUI Arrest Filmed on Police Dash Cam

by Michael Kraut

It wasn’t long ago that a celebrity arrested for a DUI in Los Angeles might loudly proclaim his or her innocence. Fans might read about the officer’s report and/or the results of a blood alcohol test, but they were likely to give the celebrity the benefit of the doubt, because they hadn’t seen for themselves what had happened during the arrest.

Now fast forward to the age of police dash cams and people recording video on their mobile devices. It’s become a lot harder for celebrities to assert that they weren’t driving under the influence when a recording of the incident becomes the latest online video hit.

Just ask American professional boxer Adrien Broner. On January 11th, police in Sharonville, Ohio, arrested him on an a charge of OVI (operating a vehicle under the influence). Broner was driving a 2014 white Mercedes Benz when an officer noticed him driving down the middle of two lanes and traveling 50 miles per hour in a 25 miles per hour zone. She pulled him over, and her dash cam recorded the events.

According to TMZ Sports, which obtained a copy of the video, Broner can be heard slurring his words during their initial conversation. He at first refused to get out of his car, and couldn’t pass the field sobriety test. But Broner is mostly polite during the proceedings, at one point telling the cop, “I love you.” He also informs the officer that he’s blessed because he’s made more than $100 million dollars during his career.

That’s good, because Broner may have to pay a driver for a while. He refused to take a breathalyzer test, which could mean he loses his license for a year. The boxer has pleaded not guilty to the OVI charge and asked for a jury trial.

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: April 22, 2015

Driver Charged in DUI Death Picked Up Three Years Later

by Michael Kraut

Motorists arrested on a charge of DUI in Los Angeles know that they’ll have to pay the price in fines, loss of license or even jail time. When a court convicts a motorist of causing a death while driving under the influence, the penalties will be much worse. Sometimes the accused driver decides not to stick around to see what’s going to happen. But the police may nab him somewhere down the road.

It took almost six years for officers to catch up with Ramiro Alcantar, formerly of Joliet, Illinois. In 2009 Alcantar drove his Dodge Ram van into the oncoming lane of traffic, hitting motorcyclist Caesar Vallejo, who died of his injuries a few weeks later. The investigating cops found a half-empty can of beer in Alcantar’s van; he smelled of alcohol and failed the initial DUI testing. Turns out he was also uninsured.

The cops threw the book at Alcantar, charging him with DUI/alcohol, DUI/drugs and DUI/combination alcohol and drugs. But after a relative posted $5,000 bail, Alcantar fled the area, supposedly seeking refuge in Mexico.

If Alcantar did leave the country at that time, he eventually returned. Police picked him up in Springdale, Arkansas on February 18, 2015. He’s now back in Illinois, where he had a formal arraignment on the 2009 charges. He’s unlikely to get bail this time around, however.

If a court convicts Alcantar of aggravated DUI, which is a felony, he could be looking at three to seven years in prison.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

Published on: April 20, 2015

Wild Ride for Seniors with DUI Driver at the Wheel

by Michael Kraut

Although it’s tough to admit you’re too old to drive safely, responsible seniors know when it’s time to give up their licenses for the sake of the other motorists who are sharing the road. Medicines, both prescription and non-prescription, can be a problem for older Americans. Those medicines may impair their motor skills and lead to charges like a Los Angeles DUI--even when they haven’t had a drop of alcohol. It just becomes easier to leave the driving to other folks.

It’s somewhat ironic, therefore, that a busload of day trippers from the Snohomish Senior Center in Washington State had the misfortune of having 45-year old Gilbert Maier behind the wheel of their van. Any one of them would have probably done a better job at driving.

The 11 seniors were passengers on a van traveling to the Skagit Valley Tulip Festival in Mount Vernon, Washington. Maier was the driver, but it soon became clear to the terrified travelers that the senior center could have done without this volunteer. Even before he got to the Interstate, Maier ran two stop signs and hit curbs, apparently talking on the phone as he was driving. He even swerved briefly into the wrong lane.

The passengers eventually spotted a state trooper over by the side of the road and demanded that Maier stop. He almost hit the cop as he complied.

Police officers took him off to jail, where they determined that a combination of prescription drugs–antidepressants and pain killers–contributed to Maier’s erratic driving. They charged him with DUI.

This was Maier’s second arrest for DUI. The Snomish Senior Center did run a required background check before letting him drive the van, but an earlier charge in 2014 didn’t show up on Maier’s driving record because it was a misdemeanor.

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

Published on: April 15, 2015

Walk on San Diego Freeway Leads to Woman’s DUI Arrest

by Michael Kraut

Cops in the City of Angels could probably tell many tales about unusual incidents that involve cases of DUI in Los Angeles. But their peers in San Diego also have some interesting tales that they could add to the mix.

A photographer with KTLA Channel 5 in San Diego happened to be on the scene when an unidentified young woman stalled her car on the 15 Freeway during the early morning hours of April 9th. He recorded events as the young woman got out of the car and ran across traffic lanes to the news station’s van. She asked for jumper cables and assistance in getting her vehicle started. Meanwhile, cars on the freeway had to swerve to avoid hitting the stopped car.

Although two other motorists pulled over to help, the woman made her way back to her own car and sat in it despite the danger posed by other vehicles traveling along the road. One Good Samaritan even tried to help out by directing traffic away from the car, but had to stop when was almost hit himself. As heard in the audio portion of the video, the photojournalist knocked on the car’s window repeatedly and urged the woman to get out of the car so she wouldn’t get hurt.

Fortunately, the California Highway Patrol arrived on the scene before other vehicles struck the woman, her car or any of her would-be helpers. They charged the stranded stroller with driving under the influence.

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

Published on: April 13, 2015

DUI Driver Strikes Florida Girl Sitting in Road

by Michael Kraut

Young people are particularly prone to making stupid decisions that can have long-lasting consequences. Sometimes two poor decisions combined can result in a tragedy. It happens way too often with Los Angeles DUI arrests, and it happens all over the country as well.

No one will ever know for sure just why 13-year old Trinity Bachman decided to sit in the middle of a road in Apopka, Florida, on February 28th. The teen had argued with her mother and her sister about who was going to sit in the front seat of their vehicle. According to the Orlando Sentinel, the fight ended with Trinity refusing to get into the car. She took off, saying she was going to walk home.

After spending some time searching from Trinity, her mom finally found her sitting in the middle North Christiana Avenue near Oak Street in Apopka, Florida. Fearing for her daughter’s safety, her mom, Janice Pedroza, stopped her own vehicle, put on the flashing lights and tried to get Trinity back into the car.

That’s when the second dumb decision converged with the first. Mackenzi Sue-Rose Miller, a 21-year old, apparently decided to drive her Nissan Sentra even though she had too much to drink. She traveled down North Christina Avenue at just the wrong moment.

Although Pedroza tried to signal Miller to keep away, the young woman hit Trinity’s mom first and then Trinity. Pedroza survived, but doctors declared Trinity dead about 20 minutes after the crash occurred.

Police charged Miller with DUI and DUI/personal injury after tests showed her blood alcohol level was 0.114–well above Florida’s 0.08 limit.

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

Published on: April 8, 2015

No Favoritism on DUI Charge for NFL Draft Pick Favorite

by Michael Kraut

A college football player may soon learn what many Hollywood and sports stars already know after being charged with a DUI in Los Angeles: being a celebrity doesn’t always gain you special treatment.

Florida State University cornerback P.J. Williams has garnered some impressive stats on the football field. In 2014 he earned distinction as a member of the All-ACC First Team and the USA Today All-America Second Team. Sportswriters considered him a top pick for the NFL pro draft this spring.

But Williams may have jeopardized his chances with an unwelcome addition to his off-the-field record. Florida State University police picked him up on April 3rd at 3:30 a.m. and charged him with driving under the influence. TMZ reports that Williams made an illegal left turn onto Dewey Street and drifted over the lane divider several times. When police questioned Williams, they discovered that he was using a rental SUV—and was driving it on a suspended license.

Apparently hoping for a break, Williams reportedly told police he had played football for FSU, and that he just wanted to go home. But officers weren’t impressed. Williams then refused to take either a Breathalyzer test or a field sobriety test. At that point, the officers took him to jail, charging him with DUI.

Williams may have had good reason to expect the cops to take it easy on him. A report in the New York Times last year said that in October 2014, Williams drove his car into the path of another vehicle and fled the scene. Tallahassee police originally called it a hit and run—which would have meant criminal charges—but the police apparently changed their minds and Williams got off with two traffic tickets instead.

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

Published on: April 6, 2015

Strange DUI Arrests Over Holiday Weekend

by Michael Kraut

It’s not unusual–in fact it’s typical–to hear reports of unusual arrests for DUI in Los Angeles and in other cities at holiday times. But these two cases make you wonder if there was something strange in the jelly beans this year.

ABC Action News in Tampa, Florida, reported that police arrested John Vu Lam for DUI early Easter morning. The 21-year old man was driving the wrong way on Armenia Avenue when a Florida Highway Patrol Trooper spotted him.

That wasn’t Lam’s only problem, however. He handed the officer a paper license in someone else’s name, only he couldn’t tell them that person’s birth date. (Lam actually had his own driver’s license, but the state had suspended it.) Lam’s blood alcohol content came in under the legal limit, and he refused a urine test, but officers arrested him anyway because of his glassy eyes and slurred speech. That was enough under Florida law–and under the laws of all states–to allow troopers to charge him with driving on a suspended license and giving a fake name to law enforcement officers.

Meanwhile, up north in Norwalk, Connecticut, a man picked up for DUI asked officers to cut him a break and give him a ride home. This was after 34-year-old George Atavia sped away from officers attempting to stop him, ran three red lights and crossed over into oncoming traffic. When officers finally brought Atavia to a halt, he apparently informed them that he had already had two DUI arrests.

Once police took Atvia to the station, he asked for a Miranda rights form in Spanish and then in German, apparently to slow down the charging process. It didn’t work; police booked him for driving under the influence and other related charges.

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

Published on: March 27, 2015

Driver Runs Out of Luck in St. Patrick’s Day DUI Arrest

by Michael Kraut

The LAPD may have cracked down on motorists who were partying a little too freely on March 17th, but there were no Los Angeles DUI arrests that were quite as news-making as the chase near Annapolis, Maryland. It involved three other cars, a vehicle fire and a police helicopter.

According to the Annapolis Patch, police officers spotted Marvis Montrell Pollock’s 2008 Honda Accord as it was approaching the DUI checkpoint they had set up to catch people celebrating the holiday with too many drinks. After almost hitting the checkpoint, Pollock swerved onto a nearby highway, quickly pursued by a marked police car. When the officers caught up, Pollock took off again, leading them on a 15-minute chase through an area that included a community college. To avoid causing injuries in a high-speed chase, the police cars eventually dropped back, letting a police helicopter follow the car from overhead.

Pollock didn’t come to a stop, however, until he smashed into three cars waiting at a red light near the U.S. Naval Academy’s football stadium. It was then that his Accord burst into flames.

To top it off, the 34-year-old Pollock didn’t even have a driver’s license.

Unlike some people who have overindulged during the holiday, Pollock should have little trouble remembering the events of this St. Patrick’s Day. He’ll have an arrest record to remember it by. Police have filed multiple charges against him, including driving under the influence (of drugs, not alcohol); four counts of assault (since there were a total of four people in the cars he hit); and fleeing from police.

Do you need help defending against a serious charge? Call a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately.