DUI Defenses

Published on: February 16, 2015

Fliers Allow Passage Through DUI Checkpoints, But Are They Really Protecting the Innocent?

Our Los Angeles DUI attorneys have been fascinated by a compelling story out of Florida. Warren Redlich, a DUI attorney in Boca Raton, started a trend that’s attracted crazy amounts of media attention. He provides fliers for individuals to use when they pull up to DUI checkpoints. Many videos on YouTube are proving that his method works. Drivers who present the necessary information drive beyond the checkpoints without the usual interrogation.

The signs read: “I remain silent. No searches. I want my lawyer.” State specific statutes regarding DUI laws follow those words. Drivers leave their car windows rolled up and display their fliers and necessary identification until police motion them forward in the line.

Redlich believes the method will prevent innocent individuals from being wrongly arrested. Police departments believe in the constitutionality of DUI checkpoints and procedures, citing a Supreme Court ruling from 1990. Redlich does not recommend using the flier technique in states other than Florida and New York without first consulting an attorney admitted in that state.

The controversial method highlights the tendency of people to form preconceived notions based on stereotypes of DUI lawyers and their clients. A common misconception holds that DUI lawyers work towards reducing sentencing and case dismissals at any cost. Similarly, people assume that an arrest indicates the presence of enough evidence for a conviction.

In reality, people only hear about extreme and high-profile cases. These depictions of the DUI space skew the public’s understanding of the process. DUI defense attorneys have a responsibility to protect the rights of every individual who faces charges. Their duty calls for impartiality to help clients present the most accurate and fair case in court.

Innocent individuals face public scrutiny from the moment of arrest. Local media reports only reflect the names and information from the police department. This information sometimes builds a case against individuals before the prosecution starts and carries on long after exoneration has been granted.

The uphill battle for the innocent makes the need for solutions like Redlich’s fliers understandable and justified. However, the Los Angeles DUI community does not recommend using fliers to gain passage through DUI checkpoints without consulting an attorney.

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 DUI attorney today to strategize for your defense seriously.

Published on: February 12, 2015

Steelers’ Running Back, Le’Veon Bell, Gets Probation and Rehabilitation in Marijuana DUI

by Michael Kraut

Los Angeles DUI laws are strict when it comes to driving under the influence of marijuana. More and more states, in fact, are struggling to define and enforce similar laws.

Case in point: in 2014, Ross Township, Pennsylvania, police pulled over Pittsburgh Steelers’ running back, Le’Veon Bell, and charged him with driving under the influence of marijuana. Authorities say they found 20 grams of marijuana in the vehicle. Le’Veon Bell – and others in the vehicle – claimed collective possession of the drug. Instead of a conviction, the state placed Bell in an alternative program with the potential to dismiss the charges.

Bell must successfully complete 15 months of probation, a 2-month license suspension, and an Accelerated Rehabilitative Disposition program. This agreement is available to first time offenders in Pennsylvania, and Bell must submit to a drug and alcohol evaluation, pay all court fees, and enroll in DUI driving school.

Former teammate LeGarrette Blount, riding in the passenger seat at the time of Bell’s traffic stop, accepted a plea bargain, which included 50 community service hours completed before a mandated deadline. The state already dropped Blount’s charges; however, Bell will face the full extent of the law if he fails to complete the terms set forth in the alternative sentencing program.

Alternative sentencing programs allow the state to drop charges and provide first-time offenders with a second chance. Many states have similar programs; however, alternative sentencing for first-time offenders is not an option in California under current law. First time offenders in California may face probation, license suspension, fines and court fees, a mandatory 48 hours in jail, and other penalties.

However, proving marijuana intoxication is difficult because, to do so, prosecutors must rely on blood and urine tests. Prosecuting attorneys are responsible for showing that a person drove under the influence of an illegal or prescription substance, and DUI defense attorneys understand how to pursue a case that takes all evidence into consideration.

Secure the services of a qualified Los Angeles DUI defense attorney to protect your rights. Contact Michael Kraut of the Kraut Criminal & DUI Lawyers to set up your free consultation.

Published on: February 10, 2015

DUI Victims and Survivors Successfully Advance Colorado Bill

by Michael Kraut

Los Angeles DUI attorneys are monitoring the progress of a Colorado bill proposing that three DUI convictions should be a felony instead of a misdemeanor. The testimony of victims and survivors proved powerful in the DUI legislation. The Colorado House unanimously approved the bill on Feb. 5, and now the House Finance Committee will review it.

A person arrested for and convicted of an aggravated DUI for the third time could face up to 7 years in prison under the new legislation. Aggravated DUI in Colorado may include incidents causing injury or death, Blood Alcohol Content (BAC) greater than 0.15%, or a hit and run.

Testimony of individuals closely related to DUI victims and survivors impacted the bill’s approval. Many statements indicated that outcomes might be different if the proposed laws existed at the time of the incidents.

For example, 33 years ago, an intoxicated driver killed Gail Oleson’s husband. Prior to the incident, the state previously convicted the driver four times for operating a vehicle under the influence of alcohol. Ms. Oleson noted that her husband might be alive if drivers like that were in prison instead of on the road.

This is the second time Colorado legislators have attempted to make repeat offenses a felony. If approved, the projected cost of the new law is $4-13.5 million per year. Previously, the monetary estimate prevented a similar bill from passing. Opponents believe that other practices are more effective at preventing repeat DUI offenses. They argue that rehabilitation and stricter DUI checkpoints/patrols would be cheaper than the new bill.

A felony charge, rather than a misdemeanor, may prove to be an effective deterrent, argue advocates, because the penalties and impact on a criminal record would be more severe. Many states find that alternative methods effectively reduce DUI rates, however. Ridesharing programs and pocket breathalyzers also help drinkers make informed decisions about driving.

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: February 6, 2015

An Analysis of Super Bowl and Los Angeles DUI Rates Halfway Through 2015’s “Drinking Season”

by Michael Kraut

Police erected Los Angeles DUI checkpoints around the city throughout Super Bowl weekend. Super Bowl Sunday is known for its high DUI rates, which are similar to the arrest rates for holidays such as St. Patrick’s Day, New Year’s Eve, and Valentine’s Day. According to a new article in Forbes, drivers can take advantage of two powerful tools to protect themselves and others on the road during what some authorities have been cheekily calling “drinking season,” the stretch of the year from December to March that includes some of the most dangerous holidays for DUI.

So what can be done to deal with this societal problem? The mobile apps, BACtrack and Uber, could help us collectively crack down and save lives. Consider the following statistics:

BACtrack, a breathalyzer app that works with a smartphone, tracks data from users and lets law enforcement officials as well public safety and auto safety experts analyze these data to inform policy. BACtrack, for instance, helped quantify last year’s Super Bowl Sunday DUI issues by calculating that the average DUI driver had a BAC level of .091%.
43% of BACtrack users report buying the product to avoid DUI.
Drivers whose BAC levels are at or above the legal limit of .08% are responsible for 21% of deadly crashes, according to the National Highway Traffic Safety Administration.
BACtrack identified December through March as the peak drinking season, when accidents are more likely to involve significant alcohol consumption.

Together with ride share apps, like Uber, technological aids like BACtrack can potentially help drivers make more responsible decisions when going out.

Thanks in part to highway patrol checkpoints and PSAs, awareness about DUI driving dangers has spread recently. Many cities in the Southland and beyond hosted extensive DUI checkpoints starting the Friday before Super Bowl Sunday. The Auto Club of Southern California also provided a “Tipsy Tow” service free for anyone who lived within a 7 mile radius of the pickup location.

The wildly successful (and somewhat controversial) rideshare program Uber, meanwhile, claims that the company can help gimp DUI rates by simplifying and streamlining the “designated driver” concept. To Uber’s credit, statistics show that DUI related accidents have indeed been declining in cities where Uber offers its services.

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: February 2, 2015

North Dakota Man Arrested for DUI on Zamboni

by Michael Kraut

Veteran lawyers and police officers can tell you that Los Angeles DUI arrests can occur in all sorts of diverse vehicles. You can be arrested for DUI any time you are on public property driving a motorized vehicle, including golf carts, boats, ATVs, UTVs, lawn mowers, and yes, even Zambonis!

On January 31st, officers busted a Zamboni driver at a high school ice rink for driving under the influence. In case you’re not a hockey fan… Zambonis are drivable ice rink cleaning machines; they’re named after the person who invented them. Attendees at this hockey game noticed the driver’s impairment when his driving noticeably changed between the first and second periods. Witnesses noticed that the driver had been “weaving and bumping into the boards on the rink.” Luckily, no one got injured.

Steven Anderson, the driver, could face 30 days in jail and a $1,000 fine. Anderson had been employed seasonally with the ice rink company, Fargo Parks, intermittently for 6 years prior to his arrest. He will face disciplinary action with Fargo Parks, and he could face serious criminal consequences if convicted of the DUI, including jail time, loss of his (real) driver’s license and tough probationary terms.

Although Zamboni and lawnmower DUI cases may seem amusing to the general public (and even to those accused of serious DUI crimes themselves), they’re really not a laughing matter. You can still get hurt or killed (or hurt and kill others) with these motorized vehicles and face charges per California Vehicle Code 23153, which elevates a DUI to a felony if you hurt someone while operating a vehicle while under the influence.

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: January 30, 2015

New Jersey Man Arrested for DUI on New Year’s Claims “Everyone Drives Drunk”

by Michael Kraut

When the police recently stopped you at a checkpoint or pulled you over on the freeway, you probably didn’t need a Los Angeles DUI attorney on hand to tell you to avoid saying obviously incriminating or stupid comments, such as “I only had 8 beers” or “my buddy left me at the bar — what was I supposed to do, walk home?”

Not everyone shares your restraint and wisdom.

To wit, on January 1st, police pulled over New Jersey resident Daniel Pratts for nearly running into a police vehicle. When the cops approached the car, they allegedly smelled alcohol on Pratts’ breath. They say that he failed field sobriety tests, prompting his arrest. Pratts refused the breathalyzer and then reportedly made an astonishing statement to an officer: “It’s New Year’s Eve, everyone drives drunk.”

Okay, that’s not smart. But what IS the right strategy? What should you do if you’re pulled over, and you believe you might be intoxicated or buzzed?

Even though it’s hard, try to stay calm. Excessive anxiety about a possible DUI could just incite unhelpful behaviors or lead to dumb comments that can make the situation worse. Avoid exhibiting anger toward the officer. Stay silent as much as possible.

Refusing a breathalyzer may provide enough probable cause for an arrest, and that information can be used against you in court. In many states, including California, refusing a chemical test can likely result in license suspension. It’s important to note that you can refuse a breathalyzer without jeopardizing your license if you inform the officer that you will take a blood or other test at the station, which will be more reliable.

When you are released, the first thing you should do is contact a qualified attorney, who could potentially reduce the charges to reckless driving or fight for exoneration of all charges.

First-offense DUI cases that don’t involve recklessness or result in injuries are fairly common, although each case has its own important subtleties. Call a Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today for a free consultation about your challenges.

Published on: January 26, 2015

Los Angeles DUI Community Ponders Oklahoma’s New Anti-Alcohol Purchasing Restrictions

by Michael Kraut

This Los Angeles DUI blog constantly scours the national landscape (or at least attempts to do so) to identify important legal trends in the field. State lawmakers – often out of desperation – sometimes decide to “get tough” on DUI by arbitrarily imposing harsher sentencing.

The general efficacy of this tactic is dubious, as this blog has argued in the past. If nasty anti-DUI punishments are failing as deterrents, why would slightly nastier ones suddenly succeed as deterrents. As Will Rogers once quipped, if you’re in a hole, stop digging.

In any event, let’s turn to Oklahoma, where Patrick Anderson, a local Republican Senator, just wrote and started promoting Bill 30, a measure that would ban DUI offenders from purchasing alcohol for a specified amount of time. The bill parallels a similar law in Alaska.

If Bill 30 passes, the legislation would mandate that an offender’s driver’s license be altered to include a stamp that restricts all alcohol purchases. If that person buys alcohol while banned, he or she will be sent back to court to face probation violation charges. Furthermore, the owner or managers of the establishment that sells alcohol to a restricted license holder could face felony charges.

Other laws that address issues like repeat DUI offenses and levels of intoxication would have to be revamped to accommodate the Bill 30 related changes. Further legislation modifications might be needed to address issues concerning:

•   Repeat offenders
•   Timeframe for the purchasing restriction
•   Exceptions regarding religious services
•   Etc.

Opponents of the law maintain that Bill 30 is a form of public shaming. They worry that the myriad of changes to current legislation would create confusion and sew public distrust. Opponents also complain that the law would put strain on bars and restaurants that serve alcohol, because every patron would have to be carded, including those clearly over the legal drinking age. Advocates argue that this legal tactic could serious deter potential repeat DUI offenders.

Debate over the new bill is set to open in February.

Currently, California DUI laws impose no such restrictions. The Golden State does have strict DUI laws that permit harsh sentencing. To protect yourself and your rights, contact a trusted, respected Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers to explore your possible defenses and responses.

Published on: January 23, 2015

Father Charged with DUI While Driving His 2 Autistic Children

by Michael Kraut

All but four states in the nation have laws on the books that increase penalties for people who drive DUI while transporting children. In California, police recently arrested a man named Joel Feseer for precisely this crime and hit him with charges of DUI and child endangerment.

Feseer’s job consisted of driving children between schools and their homes. He allegedly flipped his Ford van north of Anderson, California while driving two autistic children. Miraculously, the accident did not lead to any serious harm. Police insisted that he failed a field sobriety test at the scene.

Child endangerment typically makes California courts far less sympathetic toward defendants. In California, child endangerment on its own can be considered a “wobbler” charge, in that the court can consider it either a misdemeanor or a felony, depending on circumstances.

Feseer, for instance, could have to contend with a sentencing enhancement for child endangerment if the court finds him guilty of DUI; alternatively, he may face separate charges. If the children had been under the age 14, his DUI would automatically trigger even more severe sentencing.

Defense strategies in cases like these typically involve some sort of plea bargain in order to secure sentencing under reduced charges. Other circumstances in the case will determine whether the charges are combined and if there are other, aggravating factors that need to be considered. It is unlikely that Feseer has ever been convicted of a DUI before if he was transporting children as a job, but anyone who does have prior convictions will automatically face harsher sentencing.

Being convicted of a complex suite of DUI charges can change your life in ways that you may not be able to anticipate. In addition to the standard punishments – being required to serve time in jail, pay thousands of dollars in fines, use a breathalyzer every time you get behind the wheel, etc – you face additional obstacles such as loss of support or confidence from a boss or partner, lowered self-esteem and higher insurance rates.

Securing representation early from a qualified Los Angeles DUI attorney can help you not only develop a strategy to fend off the charges but also examine the parenting and other life challenges that may have led you, unwittingly or accidentally, to put your children at risk.

Published on: January 21, 2015

Kentucky State Senator Begs Press for Special Treatment After DUI

by Michael Kraut

As Los Angeles DUI attorneys can attest, some CEOs, politicians and celebrities really do feel entitled to special treatment in the legal system, even though the law strives to treat everyone equally. Long-time Kentucky Congressman Brandon Smith stands accused by many in the media of asking for this kind of princely treatment in light of a DUI incident a few weeks ago.

On January 6th, the senator allegedly had been driving 20 MPH above the speed limit. A police officer who pulled Smith over detected alcohol on his breath. Smith exercised his right to deny taking a breathalyzer, so the police arrested him and hit him with an aggravated DUI charge.

In statements that he later made to the press, Smith insisted that his past history as a good guy should exculpate him, to a degree. He insisted that he’d “never been in any kind of trouble. You can’t just change overnight.” In a different interview, he said that his DUI shouldn’t affect his career as a lawmaker.

Any person pulled over in Kentucky (or in California) on suspicion of DUI can be subject to mandatory blood testing under the state’s implied consent law. If police arrest you for DUI, you also must take a blood test. Police encourage drivers not to refuse a chemical test, because such a refusal can create complications for the defense and potentially lead to excess jail time, longer license suspensions and other consequences.

In California, any driver pulled over on suspicion of driving while under the influence can be subject to a breathalyzer test. Assuming you’re not a minor and you don’t have a criminal history, in general, you do not have to take this test. However, refusal to take a test after arrest could lead to loss of license and fines, even if you’re not ultimately convicted of DUI.

No matter what happened during or after the event that led to your arrest, the experienced team at the Kraut Criminal & DUI Lawyers has the compassion and deep knowledge of relevant laws and statutes to craft an appropriate defense strategy. Please call a Los Angeles DUI defense lawyer now to review your options.

Published on: January 19, 2015

Los Angeles DUI Community Takes Note: Man Facing Two Felonies After Hit and Run Death in West Covina

by Michael Kraut

A felony Los Angeles DUI hit and run resulted in the recent death of a young woman in West Covina, horrifying the community and motivating a public cry for justice.

On December 30, a man named Raymond Alvarado fled from the scene of a crash after slamming into a small car, injuring both the driver and passenger. That passenger, Sherry Yu, ultimately died from her injuries

Police later arrested Alvarado and charged him with a battery of counts, including DUI causing injury, driving with a BAC level higher than .08 causing injury, a felony hit and run causing injury, and driving without a valid driver’s license. He pled not guilty to all charges. If convicted on all accounts, he faces up to 11 years in state prison.

Based on a superficial read of the evidence, Alvarado might be facing an uphill battle. Assuming he did could the crash, what if he had stayed and called for an ambulance? Would the extra time have saved Yu’s life? This is the kind of question he might have to answer in court.

It is never advisable to leave the scene of a crime. In California, any hit and run while under the influence is considered aggravated DUI, and the crime can be harshly prosecuted. If you get a DUI while driving without a valid license or driving while speeding, you could also face aggravated DUI charges. Depending on the circumstances, your extra sentencing could range from community service and rehabilitation to prison time and fines.

If you committed a hit and run while possibly DUI, seek qualified legal advice quickly. A Los Angeles DUI attorney like Michael Kraut of the Kraut Criminal & DUI Lawyers can help you achieve a solid outcome. Mr. Kraut spent nearly 15 years working as a prosecutor in similar cases, and his deep network within the Los Angeles criminal defense community – as well as his knowledge and skill — can help protect your rights and give you clarity about your options.