DUI Defenses

Published on: January 14, 2015

Maryland Bishop Faces Hit and Run DUI and Manslaughter Charges

Our Los Angeles DUI lawyers were saddened to learn about a terrible fatal tragedy that rocked Maryland a few weeks ago and left a major church embroiled in public relations damage control. Heather Cook, an Episcopal bishop in Baltimore, Maryland, was arrested in early January for a hit-and-run incident while allegedly intoxicated. That collision left a bicyclist dead at the scene.

44 year old Tom Palermo had been riding his bike when Cook — who allegedly had been texting while driving — struck him from behind while swerving on the road. Tests later suggested that she had three times the legal amount of alcohol in her system. (Per both Maryland and Los Angeles laws, the legal limit is 0.08% BAC).

The bishop then allegedly panicked and drove off for over half an hour, leaving witnesses to call for an ambulance. Mr. Palermo died of his injuries a short time later. Bishop Cook later returned to the accident scene and gave herself up to the police.

This is Bishop Cook’s second DUI charge. Four and a half years ago, police arrested her for possession of marijuana and driving under the influence. After that incident, her diocese failed to inform most of the church’s administration of the crime. Shortly after, church higher-ups promoted her to bishop.

Cook’s alleged actions left a wife and two children without a father; critics say the church has failed to punish her behavior appropriately. The diocese placed Cook on leave with full pay and compensation. In a statement made to the press, the church said it’s putting faith in the judiciary system to render a fair and just response. If the bishop successfully avoids prison, the church has indicated that she will get to return to her position without any repercussions.

Critics say that Bishop Cook has received special treatment from the state attorney’s office. They say that attorney Marilyn J. Mosby waited nearly two weeks to file charges against Cook; meanwhile, the cycling community and general public has fumed. Critics said that a layman similarly charged would have been treated much more harshly by the system.

If you got pulled over for a DUI, don’t panic, but do take strategic action to deal with your charges. An experienced Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers can help you respond strategically to your arrest and avoid common errors that can complicate cases.

Published on: January 12, 2015

Controversial Florida Law Provides Safe Passage for DUI Drivers Through Checkpoints?

by Michael Kraut

The Los Angeles DUI community has been hotly debating the pros and cons of a recent stunt that drivers in Florida have been pulling to avoid getting arrested at checkpoints.

A recent video posted to Youtube shows several drivers passing through a DUI checkpoint in Florida and passing through unscathed. The drivers allegedly printed a document disseminated online by a Florida attorney. The document read as follows:

“I Remain Silent
No Searches
I Want My Lawyer

Please put any tickets under windshield wiper.
I am not required to sign.
I am not required to hand you my license.
Thus I am not opening my window.
I will comply with clearly stated lawful orders.”

In the video, officers can be seen approaching each car at the DUI checkpoint. The drivers then each hang their printed notices outside of their driver’s side, wrapped in plastic. They slow down to let the officers read the paper. The vehicles are then waved along without being subjected to searches.

The action drew outrage from various online media channels. Critics say this strategy unfairly protects inebriated drivers, giving them a free pass to drive on and possibly cause even fatal injuries to themselves or others. Champions of this tactic say that the police have no right to unfairly search a car without suspicion. The question remains: should a police officer be required to witness reckless behavior before stepping in, or is it better to be safe than sorry?

The Supreme Court ratified the legality of DUI checkpoints a few decades ago, but police stull routinely violate the Constitutional rights of drivers both at checkpoints and at random stops. If you suspect that police pulled you over without probable cause – or because of the color of your skin – you may be able to use that information to construct a powerful defense against your charges.

A Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers can provide detailed, smart assistance with your legal challenges.

Published on: January 5, 2015

It’s a New Year And (Apparently) Time for Yet Another Los Angeles DUI Golf Cart Arrest — This One at The Rose Bowl!

by Michael Kraut

2015 opened with quite a spectacle, at least in the world of Los Angeles DUI.

Authorities arrested a 19-year-old man for driving DUI on a golf cart that he allegedly stole from the Rose Bowl and used to motor around on the 210 Freeway. As the Oregon Ducks and Florida State Seminoles clashed on Pasadena’s famous gridiron, 19-year-old Andrew Aldridge was clearly distracted by thoughts of how to get back to his car. Instead of taking a shuttle or a cab or hitching a ride with friends, he allegedly decided to do something a little more off-kilter and nabbed a 9-person golf cart from the stadium.

Driving an exposed and slow golf cart on surface streets is dangerous enough, but taking such a vehicle onto a Southern California freeway is an act on the verge of madness.

Police stopped him around 10 PM and discovered Aldridge’s odd motivation. Sergeant Mike Munoz later told reporters: “He took the cart and was trying to get to his car on the other side of Pasadena… it’s definitely chalked up as one of the new experiences for a lot of people here.”

As long-term readers probably remember, this blog has covered over a dozen instances of golf cart DUI over the years. While each story often appears ridiculous, reckless golf cart driving can be a serious concern. Caddyshack is not real life. If you flip over a golf cart or hit someone with a golf cart or crash into a speeding truck on the freeway, you can get hurt or killed… or you can hurt or kill someone else.

Prosecutors can charge offenders according to California Vehicle Code Section 23152, which mandates all sorts of intense punishments for DUI, including jail time, forced alcohol education classes, probation, fines, fees, and driver’s license suspension.

For help defending against your allegations – whether you did something wrong (ridiculous or not) or you believe that the police made a mistake or that the breathalyzer tests give an errant result – talk to an experienced Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers today to explore your potential legal options. Call us now for a free consultation.

Published on: December 29, 2014

5 Surprising Winter Challenges That Can Make Los Angeles DUI Accidents Extra Dangerous

by Michael Kraut

Los Angeles DUI accidents are dangerous at any time. Unfortunately, many people think they are less dangerous in the winter because California doesn’t does not experience much snow and ice. The DUI attorneys at the Kraut Criminal & DUI Lawyers know the exact opposite is true. Winter makes DUI significantly more dangerous for at least five reasons:

1. Rain

Winter often marks the first time California experiences rain in several months. If the roads have been dry for a long time, the slightest bit of precipitation makes them especially slick. Rain also loosens the greasy lubricants in people’s cars such as oil, causing oil slicks and dangerous skidding. Rain makes for poor visibility that is only compounded if someone is driving under the influence.

2. Changing Traffic Patterns

The holidays mean an increase in traffic, which leads to traffic jams and accidents. To avoid these, transportation officials and police may put up detours or otherwise reroute traffic. The changing traffic patterns can be disorienting, particularly for intoxicated drivers. Drivers also get frustrated when a traffic pattern takes them away from their usual route. Angry drivers are likely to cause more accidents, and alcohol only fuels frustration.

3. Time Changes

Winter signals the end of daylight savings time. Although large urban areas like Los Angeles still have plenty of city lights at night, the earlier darkness disorients many drivers. Some people who drive intoxicated may try to get home under cover of darkness, thinking they won’t be spotted as easily. Unfortunately, hidden obstacles can trip up both inebriated and sober drivers, leading to accidents.

4. Unequipped Cars

Drivers must always ensure their cars are equipped for winter weather. As discussed, even warm states like California are susceptible to rain and wintry mixes. Small, compact cars like Volkswagens or trucks without four-wheel drive are particularly vulnerable.

5. Distraction

During the holidays, people tend to be distracted easily. Drivers are more likely to make calls while traveling or try to multitask while on the road. This leads to carelessness, accidents, and possible fatalities.

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: December 24, 2014

Christmas DUI Dangers and How to Avoid Them

by Michael Kraut

Los Angeles DUI deaths and injuries are tragic no matter what time of year they occur. During the holidays, however, both the tragedy and the frequency of these incidents increase. Mothers Against Drunk Driving (MADD) reports that many fatal traffic collisions that occur at Christmas involve DUIs. 57% of New Year’s traffic collisions, meanwhile, involve DUIs. It’s estimated that at least 1,200 deaths will occur across the U.S. this year because of DUIs this holiday season, with only a small percentage resulting in convictions. Many people face life-altering sentencing for DUI convictions, even for a first or second offense, because of circumstances such as children in the car or damage to multiple vehicles.

Why do people drive under the influence during the holiday season? The attorneys at the Kraut Criminal & DUI Lawyers hope to illuminate a few reasons and in so doing, educate readers and their loved ones.

Stress

Published on: December 22, 2014

10 Tips to Avoid a Los Angeles DUI This New Year’s Eve

by Michael Kraut

You want to avoid “becoming a statistic” and getting arrested for DUI in Los Angeles on December 31st/January 1st. To that end, let’s review a few critical tips.

New Year’s Eve is a unique holiday in that it is both festive and relaxing. After the hustle and bustle of Christmas, people appreciate the opportunity to simultaneously enjoy a final holiday party and calmly consider their goals for a new year. However, the “last holiday party” feel of New Year’s Eve also leads to an increased number of people who drive under the influence. Today, the Kraut Criminal & DUI Lawyers will share ten tips to help drivers avoid a DUI this season.

1. Limit Drinks

If a party will have an open bar, drivers should determine exactly what kind of drinks they want and how many constitute a personal limit. Someone who prefers wine should probably stop at a glass or two. Drivers who prefer whiskey or vodka shots may have a tougher time stopping, so they should be mindful of the exact count they’ve imbibed.

2. Call a Cab (Or Uber Or Lyft)

Public transportation saves many people from DUI accidents and convictions. Drivers should save the number of a local cab company in their phones or attend parties close to bus or subway stations.

3. Strength in Numbers

Don’t go to a party or activity alone. Bring along at least one friend and determine a designated driver for the entire group.

4. Nosh and Nibble

Despite New Year’s resolutions about weight loss, New Year’s Eve is one time it’s okay to snack. Party snacks fill the stomach, making less room for alcohol. Try to nosh on items like meats or dark chocolate, which will satiate appetite faster.

5. Make a Plan

Party hosts should plan at least a few structured activities, such as games or dancing. This cuts down on alcohol consumption and helps people focus on more than available drinks.

6. Avoid Salt

Salt makes partygoers thirsty, so they drink more. In the same vein . . .

7. Offer Alternative Drinks

These can include “mocktails,” sodas, punch, or plain water. Water is particularly helpful for guests who are thirsty from those salty snacks if you decide to offer them.

8. Set Some Rules

Let guests know in advance that there will be no outside alcohol. If someone tries to bring in an extra bottle or some shots, have him or her leave it at the door.

9. Make Reservations

For long-distance parties, arrange for hotel rooms. That way, no one drives home intoxicated and everyone gets adequate rest.

10. Make It an Early Night

People are less likely to drink at early hours, such as between 5 and 8 p.m. Set parties for these hours and make it clear that cleanup begins at a certain time. Serving dinner and keeping the bar closed until after dessert may also help.

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: December 17, 2014

Fresno Man Could Face Life in Prison after DUI Kills Mother and Daughter

by Michael Kraut

Our Los Angeles DUI attorneys were heartbroken upon learning of the tragic story of Jacqueline Rivera and her 11-old daughter, Aailiyah. Both died after being rear-ended at a Fresno, California intersection on November 22, 2014. The man charged with the DUI that allegedly caused their deaths, Rafael Arce Pedroza, could face life in prison.

Prosecutors don’t have all the necessary details yet, but an AB30 report explains Pedroza allegedly has a DUI conviction in San Diego. He has also faced assault charges in Los Angeles.

For the alleged killing of Jacqueline Rivera and Aailiyah, Pedroza faces charges of gross vehicular manslaughter while driving under the influence of alcohol. On their own, these charges would be Pedroza’s second DUI offense. However, the charge of gross vehicular manslaughter carries a much harsher penalty than a normal second Los Angeles DUI offense.

Pedroza’s prosecutors now also allege that he fled the scene of the accident that killed Ms. Rivera and her daughter. Bystanders tried to help the Riveras escape their burning SUV, but Pedroza ran from the scene and was later apprehended. Legal analyst Tony Capozzi explains, “If [police] can tie the person they found under the bed to this accident… that’s going to be told to the jury [as] an indication of his guilt.”

The deaths of Jacqueline and Aailiyah Rivera could have been prevented, and surely many people are anxious to see justice. Yet the exact sentencing will depend upon what prosecutors charge Pedroza as well as the strength of the evidence in the case. Many people don’t know all the differences among DUI manslaughter, DUI manslaughter with gross negligence, and DUI murder. Knowledge of these terms can provide potential DUI defendants with the power to fight wrongful convictions if they occur. The attorneys at the Kraut Criminal & DUI Lawyers define them here:

DUI Manslaughter: This occurs when the driver was under the influence of alcohol but was not “extremely negligent.” This can also apply to cases involving traffic violations or any case in which the driver did not “take reasonable care to prevent injury or death.”

DUI Manslaughter with Gross Negligence: This is the charge brought against Rafael Pedroza. It refers to cases in which the driver was DUI and drove “in [a] reckless manner that is significantly more than ordinary negligence.” A judge can sentence the defendant up to ten years in prison for each person killed.

DUI Murder: Also called Watson murder, this occurs when a DUI driver is cited with gross negligence and committed with malice aforethought or vicious will.

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

Published on: December 15, 2014

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

by Michael Kraut

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 10, 2014

Christmas Crashes: Holiday-Related DUIs and How to Drive Safely This Season

by Michael Kraut

The holiday season is meant to be fun, relaxing, and cheerful. Unfortunately, some drivers take these concepts to the extreme when they drive under the influence in Los Angeles on roads filled with holiday crowds eager to get the Grove and/or Century City Mall (it seems like everyone in the city pours into these malls this time of year, doesn’t it?).

Our attorneys have seen an unfortunate plethora of Christmas DUI cases over the years, both in and out of Los Angeles. We would like to educate drivers on what can happen if someone commits a DUI during the holiday season and how to drive safely while enjoying the many associated festivities.

Twenty-seven-year-old Jeffery Smith of Chicago knows the pain of a Christmas DUI all too well. On December 24, 2013, Smith was found pinned in his crushed Chevrolet Impala, which had plowed into a tree on West Garfield Boulevard. The roof had been crushed below the seat level, trapping both Smith and his eight-year-old daughter Lauren. Rescue crews worked for over forty minutes to extricate Smith from the vehicle and didn’t discover Lauren was there until Smith had been removed.

Lauren’s grandmother, Lorie Hall, had been expecting Jeffery and Lauren to arrive at her house for a Christmas celebration before the crash. “We were going to make gingerbread houses,” she told a reporter at the Chicago Sun-Times. Instead, Lauren was taken to Chicago Comer Children’s Hospital and pronounced dead the next morning.

Jeffery Smith now faces three years in prison, with credit for a year of time served since his initial arrest in 2013. Cook County prosecutors said Smith’s blood alcohol level was .137 at the time of the wreck.

A tragic story like Lauren Smith’s can make even the most carefree driver want to handle his or her vehicle more safely. Yet some drivers struggle with how to do this, especially during the holiday season when crowds and crashes naturally increase. The Kraut Criminal & DUI Lawyers offers these tips.

• Drink early, if at all. If attending a holiday party at work or a family celebration, drivers should limit themselves to one drink early in the afternoon or evening. Beyond that, stick to punch, water, soda, or coffee.

• Drive within the speed limit at all times.

• Check local weather reports – if snow or freezing rain is predicted, try to stay home or finish activities as early as possible.

• Don’t attend parties or other holiday functions alone. Go with a friend or two, and designate a driver early in the evening.

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: 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.