DUI Defenses

Published on: March 23, 2015

9 Poor Excuses for Having an Interlock Ignition Device

Drivers found guilty of a Los Angeles DUI offense may have to get an interlock ignition device (ILL) installed in their vehicles. While the equipment will prevent them from driving under the influence, having this device wired into their cars can be embarrassing not only for the driver but also for family members, when they have to explain it to their friends, their dates or even their bosses.

So what can these drivers tell their passengers? The Minnesota Department of Public Safety has produced two tongue-in-cheek videos featuring a man who comes up with some pretty creative and unusual excuses for why he is breathing into the device:

• “This raises the antenna.”
• “It helps blow up the tires.”
• “It’s satellite radio–a new one. No one knows the brand.”
• “Recycling oxygen–you know, for the environment.”
• “It’s a secret spy device.”
• “It’s my herbal medicine delivery device.”
• “It’s a lip balm.”
• “It’s an old-fashioned cell phone.”
• “My mom made it for me–a homemade CB radio.”

Of course, there really isn’t anything amusing about having to put an interlock ignition device into a vehicle. For one thing, they’re expensive, costing from $75 to $150 for installation and $60 to $80 a month to operate and calibrate.
People charged with DUI who live in Alameda, Los Angeles, Sacramento and Tulare Counties know this first hand, because under a pilot state program they must install ILLs if they’re convicted of the offense. But drivers in other Golden State counties may not be off the hook for long. California State Senator Jerry Hill is working with Mothers Against Drunk Driving and law enforcement officials on a bill that would extend that requirement statewide.

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: March 20, 2015

Could Dedicated Officers Be Hired to Look for Motorists DUI in Los Angeles?

by Michael Kraut

Brookhaven, Mississippi, may not be a trendsetter in many areas, but when it comes to enforcing laws against DUI drivers, the town is taking an unusual step—hiring a police officer whose main responsibility will be traffic and DUI enforcement. If other jurisdictions throughout the country copy that action, more Californians could end up requiring the services of a Los Angeles DUI attorney.

An article on DailyLeader.com, which serves southwest Mississippi, reports that the Brookhaven Police Department is hoping for state aid—specifically a grant from the Mississippi Office of Public Safety—to fund the new position. The BPD Commander, David Johnson, said the department was concerned because of the increasing number of DUI fatalities in the area. The BPD made 28 arrests for DUI in all of 2014, and so far in 2015 it has flagged five motorists for DUI.

There have also been 172 traffic accidents this year.

Other police departments are using special training to boost the number of DUI arrests in their jurisdictions. In Windmere, Florida, a wealthy suburb of Orlando, the police department increased the number of people charged with DUI by almost 500 percent in 2014. They collared 59 DUI drivers that year, compared to only 10 in 2013.

According to the Orlando Sentinel, Windmere Police Chief David Ogden instituted new training for police officers on DUI protocols. The officers have learned how to follow procedures that help establish probable cause for such arrests. The department has also hosted the National Highway Safety Administration’s three-day course on DUI enforcement.

Officers aren’t the only ones getting specialized training. In Riverside County, California, a specially-trained DUI Vertical Prosecution Team handles such cases from arrest through prosecution. This program, funded by grants from the California Office of Traffic Safety, underscores the importance of having specially trained and experienced attorneys representing defendants in DUI cases.

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: March 18, 2015

Arrests for Drunk Driving at Border Less Likely Than Los Angeles DUI

by Michael Kraut

Are people in the U.S. without proper documentation getting a pass when it comes to getting picked up on DUI charges? Judicial Watch, a political watchdog group, claims that directives from the U.S. government encourage officials to look the other way when it comes to arresting illegals suspected of DUI along the U.S. and Mexican border. (Too bad such protections aren’t offered to southern Californians, who usually need to hire a Los Angeles DUI attorney if they’re suspected of driving under the influence.)

An article in the online Examiner quoted sections of memos to Border Patrol agents from the Department of Homeland Security. One sentence reads, “There is no legal requirement for a Border Patrol agent to intervene in a state crime, including DUI.” Another reads, “There is no duty to detain the alcohol-impaired individual, but if you do this option can raise potential liability for the agent or the agency.”

Border patrol agents could be forgiven for thinking they were getting mixed messages; in the same memo, DHS said that agents should cooperate with local and state officials if those agencies notify them they need help with a violation of state law. Apparently, however, federal agents are not supposed to act on their own in such circumstances, even if they observe someone breaking the law.

This position seems particularly unfair when you consider the penalties that California drivers convicted of DUI can face. A first-time offender may be looking at fines and penalties of up to $1,000, four days to six months in jail and up to 10 months license suspension. Second-time offenders may have to serve up to a year in jail, pay up to $1,800 in fines and lose their license for two years.

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: March 16, 2015

Stories Even Stranger than Los Angeles DUI Cases

by Michael Kraut

The cases handled by a Los Angeles DUI attorney can be unusual, but other areas of the country have their fair share of stories that make you think, “What could that driver have been thinking?” Here are a few recent examples:

• Maryland media reported in February on the arrest of a school bus driver for DUI. What made this story really unusual—and a little scary—is that the driver was driving erratically on the busy Baltimore Beltway, on her way to pick up children for a field trip to Washington D.C. Police pulled the driver over after receiving several frantic 911 calls from motorists who observed the bus swerving all over the road. Officers found four empty, full or partially full containers of alcohol and beer when they searched the bus.

• Where do Secret Service agents go when they’ve had a little too much to drink? The Washington Post reported in March that four senior agents, including one who helps guard the President, decided to head back to the White House after partying a little too much. Unfortunately for them, they ended up driving a government car into a security barricade at the President’s home. Fortunately for them, the security supervisor that night ordered subordinates to let them go without testing them for BAC.

• Then there was the Zamboni driver who was smoothing the rink at the Fargo, North Dakota, South Sports Arena for an ice hockey game between the Davies High School and Williston High School girls’ teams. The driver apparently had a difficult time keeping the machine in a straight line; after observing him at work, concerned spectators called police who arrested him for allegedly driving under the influence. The driver has pleaded not guilty, so it will be up to the courts to decide if a DUI charge applies when a vehicle is moving on ice.

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 11, 2015

Los Angles DUI Attorney Couldn’t Have Helped First Driver Charged with DUI

by Michael Kraut

While we see a fair number of Los Angeles DUI arrests today, the city doesn’t hold the distinction of being the home of the first-ever arrest for DUI driving.

That dubious honor goes to London, where a taxicab driver, George Smith, slammed his cab into a building back in 1897. Smith didn’t contest the charge, and when he pleaded guilty, police fined him 25 shillings. (It’s hard to get an equivalent in today’s U.S. dollars, but one online expert puts it at about $17.50.)

Depending on the source you believe, either New York or Massachusetts passed the first laws in the U.S. against driving under the influence, around 1910. But those laws did not actually define what constituted DUI driving. It took another 25 years – until 1938 — before a joint committee of the American Medical Association and the National Safety Council set that limit at 0.15% blood alcohol content. Those BAC limits have been dramatically reduced since that time.

Even as late as 1980, not all states had adopted laws banning DUI. In January 1985, Los Angeles Times reporter J. Michael Kennedy wrote that “drinking and driving is legal in 26 states, according to statistics provided by the National Safety Council. Drivers and passengers can drink as they roll down the road in Maine and Mississippi, Vermont and Wyoming, so long as they are not legally drunk.” He also cited Texas, Florida and Maryland as states that had no laws against driving while drinking.

Californian Cindy Lightner, who lost her daughter to a DUI driver, helped change that with the founding of Mothers against Drunk Driving (MADD) in the early 1980s. Since that time, the organization has successfully lobbied for tougher DUI laws throughout the U.S. Today, the Golden State has strict standards; even a first offender can get up to six months in jail, pay a hefty fine and lose his or her license for up to 10 months.

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: March 4, 2015

East Coast DUI Cases Leave 2 Facing Charges in Pennsylvania and Virginia

by Michael Kraut

The Los Angeles DUI community urges all those stopped by officers to cooperate and avoid doing dumb things that can make your case worse and add to your charges. Two DUI cases reported out of Scranton, PA and Charlottesville, VA highlight the dangers of driving under the influence. DUI cases involving college and professional sports players appear in the media almost every week. Unfortunately, the athletes’ high profiles mean everyone notices when they make mistakes.

In Scranton, Sean Singletary now faces charges for DUI after an arrest on March 1. Singletary has played basketball at UVA’s notable program as well as at the professional level. Officers pulled him over after noticing erratic driving patterns, and they arrested him after he refused to take a breathalyzer test. Any convictions could obviously affect Singletary’s future in basketball.

In Charlottesville, David Turano recently pled guilty to a 2014 DUI accident that killed a 12-year-old boy. Turano plead guilty to charges of motor vehicle homicide, aggravated assault, and DUI. Turano crashed into Leonard Zupon’s car during Labor Day Weekend 2014. Zupon’s son, Lenny Jr., died from the injuries. Turano fled the scene, but police ultimately found and arrested him. Zupon is still recovering from accident related injuries. Turano faces 5-12 years in prison for his actions.

Alcohol or drugs in the driver’s system can fuel reckless driving. The legal repercussions of a DUI incident or accident can be profound in and of themselves. But punishments can get much worse when drivers flee from the scene. The case in Charlottesville illustrates the importance of remaining at the scene of an accident, even if you fear the consequences.

These two DUI cases rhyme in many ways. Both feature instances of erratic or reckless driving fueled (allegedly in Singletary’s case) by alcohol. However, in one case, the driver hit a vehicle, causing the death of a child. If you face charges for an unintentional death, get in touch with a qualified Los Angles DUI defense attorney to protect your rights and legal options.

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: March 2, 2015

Florida Circuit Judge Convicted of DUI, Suspended From Job

by Michael Kraut

Our Los Angeles DUI attorneys often strive to remind the general public that no individual receives special treatment for DUI. Cynthia Imperato, a 57 year old Florida circuit judge, now faces suspension, a $5,000 fine, and a satisfactory alcohol evaluation before she can resume her role on the bench.

Law enforcement arrested Imperato in November 2013 for DUI and reckless driving in Boca Raton. She allegedly refused both the breathalyzer and field sobriety tests. In December, she received 2 convictions for charges of DUI and reckless driving. The courts sentenced her to almost a month of house arrest and a year of probation.

Imperato also faced a DUI conviction 27 years ago. Early in March, the Judicial Qualifications Commission, which is responsible for assessing a judge’s misconduct, determined that the conviction did not affect Imperato’s role as a judge. She can return to her work after completing her sentence.

Judge Imperato accepts that her behavior on the night of the arrest was unethical. Some have perceived her mention of her role as a judge that night as an attempt to “obtain preferential treatment.” The judge admits that she should have been more compliant and should have submitted to a breathalyzer test.

Law enforcement officials, judges, and lawyers face the same penalties as the general public for driving under the influence. This case shows that the system can exact justice in an impartial way and proves that every citizen can face equal scrutiny under the law.

The story of Imperato’s arrest also illustrates how a person’s prior character and behavior can affect the outcome of a case. Her proven ability in the courtroom and reputation in the community both affected her sentencing. Everyone makes mistakes, but a DUI charge or conviction does not necessarily have to overshadow your life.

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: February 25, 2015

Bailout Scam Targets Families of “DUI Offenders”

by Michael Kraut

Attention family members of someone who’s been recently arrested for a Los Angeles DUI: avoid falling victim to the following horrendous type of scam.

A woman in Mechanicsburg, PA nearly lost $10,000 in a bailout scam that took place on February 18th. The alleged scammer called Ryan Gosnell’s aunt and told her that her nephew had been arrested for a DUI after taking cough syrup for a cold. A second caller, using the name of a real public defender, claimed he needed $10,000 to bail her nephew out of jail.

Gosnell’s aunt made multiple calls to her nephew, and she became alarmed when he did not answer. Gosnell was unable to reply because he was in a work meeting. After several tries, his aunt called Gosnell’s parents and alerted them. Luckily, his parents searched the name of the public defender and called the office. They quickly found out the bail request was a scam, and they did not wire the money.

How Bail Scammers Work

Bail scams prey on the vulnerability and clouded judgment of families who’ve been stunned by news that loved one has been arrested. The majority of the general population doesn’t know how the bail process works. A public defender would never ask a family member or friend to wire money over the phone. The bail bond process is heavily regulated, and bondsmen are not allowed to solicit their own services. Bail bondsmen do not make the first line of contact, and defendants are typically not in jail when the bond fees are collected.

Nothing stops scammers from contacting the families of actual DUI offenders, however. When someone is arrested for a DUI, the event creates significant psychological vulnerability for both the offender and that person’s family. Offenders typically spend a night or two in jail before officials set a trial date. Afterwards, they face penalties that can include further jail time, heavy fines, and suspended licenses, all of which can make increase feelings of disorientation and vulnerability.

If you’ve been arrested for a DUI, be aware of bail scams, and seek experienced counsel to respond to your charges. Call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

Published on: February 23, 2015

Attractive Mug Shots – When Good Looks Cause Trouble After DUI Arrests

by Michael Kraut

Nobody likes the way they look in a Los Angeles DUI mug shot – the lighting is awful, and the drab cement background isn’t flattering. You also have to deal with your picture creating negative connotations. It is understandable why you wouldn’t want your mug shot to be easily found by anyone, let alone prospective employers or dates.

But what if you’re so good looking that your mug shot photo attracts too much attention?

That’s exactly what 28-year-old Meagan Simmons is dealing with right now. Police arrested Simmons for a DUI in 2010. Her especially attractive mug shot quickly became an internet sensation and spawned multiple “attractive convict” memes. Background check website InstantCheckmate.com picked up on the trend and used her mug shot photo in several advertisements for its service.

Simmons is currently undergoing a litigation process with the website. She claims that InstantCheckmate.com used her picture for advertising purposes without permission. The advertisement slogan featured her picture and read “Sometimes the cute ones aren’t that innocent.” The nature of the advertisement — and its association with the alleged criminal conduct — have caused Simmons distress.

Model Arrested for DUI in Florida – Next “Attractive Convict” Meme?

Police arrested a professional model for an alleged DUI last Wednesday. Ralitsa Ivanova, 29, of St. Petersburg has been featured in Esquire and on the cover of Maxim. She was pulled over on US 41 at 3:45 a.m. for traveling in the wrong direction. Ivanova told officers she was texting while driving and kept getting lost. According to the sheriff’s report, she had trouble standing, and her breath smelled strongly of alcohol. Police released her around 1 p.m. the next day. Will her good looking mug shot inspire the next Attractive Convict meme?

Good looks don’t get you out of everything. If you’ve been arrested for a DUI and want to respond effectively to your charges, call a qualified Los Angeles DUI lawyer at the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

Published on: February 20, 2015

2 Sports Players Face Uncertain Futures in the Wake of Scary DUIs

by Michael Kraut

Los Angeles DUI attorneys continue to watch with dismay as ball players around the country are caught driving under the influence.

Nick Fairley of the Detroit Lions continues to battle a DUI charge in Mobile, Alabama. Law enforcement arrested Fairley in his hometown after pulling him over for speeding in excess of 100 mph with an open alcohol container. He rejected a plea deal in 2014, and he now faces jail time and fines if convicted.

According to The Detroit News, Fairley’s future as a contract player for the Lions remains uncertain. He did not receive the 5th year of his existing contract. Trustworthiness will likely play a part in whether he will remain part of the team in the future.

Meanwhile, Victor Robbins, a junior Oregon State basketball player, also faces an uncertain future as part of his team. He received a DUI related driving citation on February 11. The citation came close to the end of a previous 10-game suspension. His school extended the suspension indefinitely in the hopes that Robbins will regain his bearings before playing for the team.

Oregon State’s basketball coach issued a press release indicating the team’s support of Robbins as he works through “some issues.” The school plans to maintain all academic and financial support and hopes for his full recovery.

These cases both feature young, male ball players who were successful in their sport. The choice to (allegedly) drive under the influence has left them both with precarious futures. A successful outcome in Nick Fairley’s case may or may not impact the overall direction of his football career, but Victor Robbins could lose the chance to play for the rest of his college career. A Los Angeles DUI arrest, even without a conviction, can lead to long lasting, serious consequences.

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.