DUI Defenses

Published on: July 14, 2014

Behind the Wheel Behaviors That May Be Just as Bad (If Not Worse) Than Driving DUI in Los Angeles

Driving DUI in Los Angeles — as defined by California Vehicle Code Sections 23152 (a) and 23152 (b) — is dangerous, destructive, and potentially lethal.

When you are under the influence of alcohol, your ability to process and react to events on the road changes in bad ways. For instance, alcohol slows your reaction time. (The difference between a fatal, fiery crash and a scary “swerve at the last minute” near-miss might be just a few fractions of a second.)

Also, consumption of alcohol can lead you to engage in other risky behaviors, such as shouting on the cellphone while driving. For instance, if you are sober, and you get into an accident, you might do the smart thing and stop and wait for police. But if you are DUI, and you get into an accident, you might impulsively leave the scene and later get charged with a felony hit and run, which obviously would make your defense much more tricky.

But DUI driving is not the only bad type of driving. Here are two other subtle mistakes that many people make behind the wheel:

• They drive while not well rested.

An Australian study found that sober drivers kept awake for over 24 hours drove worse than DUI drivers. We all know that acute under-sleeping is bad for you, but chronic under-sleeping may also be bad. Perhaps the aggregate risk of sleeping one or two hours fewer than your need, day in, day out, may be worse than the risk of a single drive while exhausted.

• They drive while distracted by their own thoughts.

Driving while distracted by anything can also incrementally increase your risk. Distractions can include: loud music on the radio, a cellphone in your hand, a chitter-chattery passenger, and even the clamor of your own internal monologue. Everyone knows that texting and chatting on the cellphone while driving is a no-no. But how many accidents are caused because drivers are busy composing emails in their head or running through an internal monologue of some sort – as opposed to concentrating fully on the task of driving? Again, it’s riskier to text while driving than it is to space out while driving. But the amount of time that people spend spaced out while driving probably vastly exceeds the amount of time people text. So “spacing out” might actually cause more accidents than texting.

The point is that it’s not just our acute bad habits that put us at risk. It’s the chronic bad habits — the “minor” bad habits — that may arguably do more damage because we do them with so much more frequency.

Becoming a safer driver is not something you can do overnight, but there are many lessons that you can learn from your charges, if you are willing to listen and learn. Step one is to get in touch with an experienced Los Angeles DUI criminal defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Connect with attorney Kraut today for guidance. Continue reading

Published on: July 10, 2014

Wilmington DUI Driver Appears Unremorseful for Deaths

by Michael Kraut

Los Angeles DUI attorneys are closely following the case of 25-year-old Yocio Jonathan Gomez, who received a lengthy sentence on Friday, July 11 for DUI conduct that killed two construction workers in 2012. The guilty verdict included two felony counts of gross vehicular manslaughter and second-degree murder, for which Gomez will spend 34 years to life in prison.

On July 22, 2012, Gomez got behind the wheel of his Ford Explorer with a blood alcohol level of 0.21 percent, almost triple the legal limit of 0.08 percent in California. While driving approximately 90 miles per hour through a construction zone on the 405 Freeway in Torrance, Gomez struck another vehicle, pushing it into construction workers Ricardo Zamora and Ramon Lopez. The collision killed both men.

This arrest, Gomez’s third drunken driving offense, happened while he was serving probation for another offense, which likely contributed to the long length of his sentence. Another factor may have been his lack of emotion or remorse throughout the sentencing hearing, despite emotional testimony from the families of the deceased.

Under California law, second-degree murder charges for DUI drivers are rare and represent a profound disregard for the lives of others. While the standard sentence for such a conviction is 15 years to life in prison, this sentence is increased for each individual killed, and prior offenses do make a difference.

Based on the circumstances of this case, Gomez represents an anomaly among DUI drivers. While a rare number of individuals may act with blatant disregard for the safety of others, the vast majority of DUI drivers get behind the wheel without intending to harm anybody. However, all DUI drivers must take responsibility for their actions and the consequences that follow.

If you currently face Los Angeles DUI charges, you may feel remorseful and afraid. Kraut Criminal & DUI Lawyers understands the complexities of California law and can help you form a strong legal defense. Contact us today for a free consultation regarding your case.

Published on: July 9, 2014

Light at the End of the Long Los Angeles DUI Tunnel

by Michael Kraut

Your Los Angeles DUI arrest might have been your single lowest moment since you moved out to Los Angeles to study at UCSC or UCLA or try to “break in” to the film and television industry. And you’ve had a lot of challenging moments!

Fortunately, you survived the incident. But maybe you hurt yourself or someone else. Or maybe you simply got in so much trouble that your entire career out here (or educational opportunity) has been threatened.

You want to know: will there be any light at the end of the tunnel? Will you be able to move beyond this difficult period in your life and gain stability? Or will you wind up a Los Angeles DUI recidivist and get gobsmacked with penalties, such as a long California driver’s license suspension, months of jail time, and a felony charge permanently etched into your record?

Our memories and past experiences deeply and unconsciously inform our life trajectories. If you were bullied as a kid, for instance, and you suffered social problems at school, the psychological residue of those traumas decades ago can live on and cause you to act out in bizarre or potentially dangerous and self-destructive ways.

When you look at your personal history in a certain light, you can easily fall into a fit of doom and gloom. What’s past is just prologue – or is it?

To answer our question, we really need to look at neuroscience research. Some of the most promising scientific inquires have focused on a region of the bran known as the Reticular Activating System or RAS, which helps you control your focus. The brain receives far too much input on a day-to-day (and moment-to-moment) basis to process, so it intuitively filters out what “you” become conscious of, so you can make effective decisions.

If you are driving, for instance, your RAS will help you focus on the key sensory observations you need to steer your vehicle safely and obscure unnecessary data. For a great example of how powerful the RAS is, go for a walk out in the park. Concentrate on the color green as you walk: focus on green, green, green. Then close your eyes and try to think of all the red objects that you saw. Odds are, you won’t have seen many, if any, because your RAS was telling your brain to look for green stuff.

Likewise, if you have in your mind this conscious or unconscious belief that your Los Angeles DUI is just the beginning of (or punctuation of) a downward spiral in your life, your RAS is going to pull up information that’s going to make that story sound correct and lead you to feel like your life is hopeless or going nowhere.

How to change your story – Step 1

Often, even if we want to, we have a very difficult time to changing our internal stories, even with great conscious effort. Fortunately, other people can assist. Look to a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers to help you and send your life back on an upward trajectory. Mr. Kraut is a former prosecutor with immense practical experience with DUI cases just like yours.
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Published on: June 30, 2014

Do You Need a Perfect Solution for Your Los Angeles DUI… Or Just a “Good Enough” One?

by Michael Kraut

How should you handle your Los Angeles DUI charges?

That question might sound trite. Obviously, you want to minimize/avoid punishments that prosecutors might ask for, which could include jail time, cumbersome probation terms and alcohol school, as well as unfortunate spikes in your insurance rates.

In an ideal world, your DUI lawyer could just snap his fingers and make it as if police never pulled you over on the 210 for cutting across lanes or stopped you at a checkpoint near Caltech. But we don’t live in an ideal world, so “good enough” has to be enough.

Perfection Vs “Good Enough” — Why the Debate Matters for Your DUI Defense

In the world of math, the search for a perfect solution is called an “optimization problem.” Here is a vivid example. Imagine it’s raining torrentially. You need to seek shelter at a high place or you’ll drown. How high do you need to climb above the flood plane to save your life? The answer depends on an astonishing number of variables, including the amount of rain, your swimming ability, how far it is to the nearest high place, whether you can climb aboard a lifeboat or not and just float it out, etc.

The IDEAL solution would be to hike up to the top of Mount Rainer, where the rain is least likely to drown you in the U.S. Obviously, this solution is impractical for many reasons: you just want to find a “good enough” solution, so you can ride out the storm in relative safety.

Likewise, you want to think of your defense in the same way. What does the equivalent of “not drowning” look like for you? Would it mean avoiding a lengthy jail term? Would it mean being able to keep your California driver’s license? The clearer you are about what success means to you, the easier it will be to create a customized battle plan for your defense.

Talk to Harvard Law School educated ex-prosecutor Michael Kraut and his team at the Kraut Criminal & DUI Lawyers to figure out the next steps for your Los Angeles DUI defense. Continue reading

Published on: June 23, 2014

Homeless Man Killed by an Alleged DUI Driver

by Michael Kraut

Most Los Angeles DUI stories that make it into the mainstream press (and get a lot of “buzz” in the blogosphere) involve celebrities, politicians, ironic DUI scenarios, and heartbreakingly dramatic/tragic news.

Unfortunately, “low profile” victims often do not get the attention they probably deserve.

However, occasionally, an accident is so horrific that it captures national attention, even if the people involved do not have their own reality TV shows. To wit: last Sunday, a homeless man died after a crash near the Fifth Street off-ramp of a San Francisco freeway. Authorities believe that a DUI driver hit a tent where the man had been sleeping near the freeway.

According to the California Highway Patrol, 27-year-old Jaime Juarez allegedly smashed into the homeless man and several other people in his Toyota Forerunner after mis-navigating the West Fifth Street exit of 1-80 and then smashing through the guardrail into the tent. The victim died on the scene. Police arrested Juarez for DUI, took him to the San Francisco County Jail and booked him on charges of vehicular manslaughter and felony DUI. Both counts could land him many years behind bars.

California law distinguishes between two main categories of DUI – standard misdemeanor, non-injury DUIs, defined by California Vehicle Code Sections 23152(a) and (b) and injury DUIs, defined by California Vehicle Code Sections 23153(a) and (b).

Prosecutors can also try to enhance your sentence under the following circumstances:

•   You had been driving with an extremely high blood alcohol concentration (e.g. 0.20%);
•   You severely injured or killed someone as opposed to “merely” hurting someone by breaking his arm, for instance;
•   You behaved with gross negligence as opposed to just standard carelessness;
•   You had been arrested and convicted for a DUI offense in the past. If you received a “Watson advisement” after your last DUI, and then you drove DUI again and killed someone, you could be charged with an offense known as a DUI murder;
•   You hit someone and left the scene (hit and run);
•   You evaded police or struggled or attacked police during or after the arrest;

No matter what happened in your case, you deserve a fair and thorough defense. The team here at the Kraut Criminal & DUI Lawyers can help you understand your charges and construct an appropriate strategy. Speak with a Los Angeles DUI defense attorney right now to protect your rights.

Published on: June 18, 2014

Awful Situation: While Allegedly DUI, Daughter Runs Over Her Own Father in the Driveway, Killing Him

by Michael Kraut

We see (and report on) so many disturbing Los Angeles DUI cases. Unfortunately, these events often seem to blend together.

Whether you’ve been following this blog for several weeks or many years, you’ve probably noticed a recurring theme: people often make dumb/dangerous decisions to drive DUI and then compound their woes by doing other dumb/dangerous “stuff” after the fact, such as leaving the scene of an accident, spitting in the face of a police officer, etc.

A really distressing case out of Riverside presents a dramatic, deeply disturbing portrait of what can “go wrong” during a DUI. According to witnesses, 37-year-old Soukvilay Barton had been fighting with family members at her Riverside home on the 14000 block of Bush Avenue last Friday evening. In a fog of anger, Ms. Barton hopped into her BMW convertible and attempted to leave the home. Her father, 69-year-old Bounmy Rajsombath, did not want her to get in the car, because she had been drinking. He ran to the driveway to stop her from backing out of the garage, but she did so anyway and struck her father. Barton immediately stopped the car as soon as she realized she injured her dad and collapsed sobbing. Emergency workers rushed Rajsombath to Riverside Community Hospital, where he was later pronounced dead.

Police arrested Barton, meanwhile, for DUI and escorted her to the Riverside Police’s Magnolia Station. Reports suggest that she could face enhanced charges, such as DUI manslaughter, in connection with the death of her father.

According to sergeant Dan Reeves, who investigated the tragedy, Rajsombath spent his final moments pleading with his daughter not to drive DUI, before she hit and killed him. The situation speaks to the often forgotten fact that DUIs can tear families asunder, sometimes literally. Obviously, this young woman did not want to hurt or kill her father, but a single bad decision or momentary lapse of reason can lead to lifetimes of agony and remorse, both for the offender (and for the offender’s family) and for the victim (and the victim’s family).

Depending on the nature of a DUI manslaughter, prosecutors can ask for enhanced charges, such as “gross negligence” – a special kind of negligence beyond standard carelessness – that can lead to extra jail time and more penalties.

For help understanding how to deal with your case, call an experienced Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for sympathetic and sound assistance.
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Published on: June 16, 2014

Svetlana Dreyfuss, Actor Richard Dreyfuss’s Wife, Busted for Hit and Run DUI in Southern California

by Michael Kraut

Richard Dreyfus’ drug DUI accident in 1982 transformed the actor’s life and outlook on sobriety. The then 34-year-old had become addicted to cocaine, when he lost consciousness behind the wheel and smashed badly into a tree.

Since then, Dreyfuss has been an aggressive voice in the Los Angeles community, advocating for sobriety and helping people who struggle with addiction. Unfortunately, his third wife, Svetlana, may need some of his counsel, after a July 2nd crash out in Encinitas. According to local authorities, Ms. Dreyfuss smashed her vehicle into a wooden fence, cutting through a high pressure waterline, and ran from the accident scene. Deputies with the San Diego County Sheriff’s Department caught up with her two miles away and arrested her on charges of driving under the influence and hit and run.

According to a TMZ report on the crash, Ms. Dreyfuss claimed to have only had a single glass of wine before betting behind the wheel. The District Attorney’s office has already taken the case.

What lessons can we learn, collectively, from this crisis?

First off — and this is something we’ve hit on, again and again, on this blog – many people who get into DUI trouble often compound their problems by behaving irrationally or dangerously AFTER they get stopped by police.

The fact that Ms. Dreyfuss fled the scene will likely lead to additional criminal charges, which could in turn lead to more jail time and more punishments. If you’re convicted of a hit and run felony offense, you could lose your license, face over a year behind bars, and find yourself subject to intense probation terms.

The second lesson is that dealing with addiction impulses is not a simple project.

Dreyfuss, for instance, devoted years of his life to thinking about addiction and trying to help other addicts. He almost certainly talked with his wife at length about his philosophy. But she still found herself arrested and in jail on DUI charges. What can this tell us? Harvard University psychiatrist, Dr. Lance Dodes, argues in his book, The Sober Truth, that the conventional wisdom on what causes and has the potential to treat addiction is greatly misguided.

Even the most prepared, vigilant people can still make mistakes and/or witness loved ones struggling.

No matter what happened to you, the Los Angeles DUI defense team at here at the Kraut Criminal & DUI Lawyers is here to answer your questions and provide a free and confidential consultation. Attorney Kraut is a respected former Los Angeles City prosecutor.
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Published on: June 9, 2014

Cedar City, Utah Police Officer Faces DUI Charges After Alleged Hit-and-Run

by Michael Kraut

Individuals facing a Los Angeles DUI may relate to Jed Prisbey Imlay, a Cedar City, UT police officer arrested for driving under the influence on Monday, June 2.

On the force since 2005, Imlay doesn’t appear to have any previous marks on his record. However, on the evening of June 2 at around 7 p.m., he allegedly struck a retaining wall with his patrol car near a local baseball field. Although his cruiser was damaged, the retaining wall remained unharmed. However, rather than reporting the incident or waiting for backup, Imlay fled the scene.

After a witness called to report the accident, Imlay was arrested and charged with a class A misdemeanor (driving under the influence) and a class B misdemeanor (leaving the scene of an accident). Considering the Cedar City Police Department’s conflict of interest in the case, the Utah Highway Patrol is leading the investigation.

Since Imlay left the scene of the accident before investigators arrived, it will be difficult to know with certainty what occurred that evening. However, the damage to the patrol car, the eyewitness testimony, and the results of Imlay’s alcohol screening test appear to provide convincing evidence of his culpability.

Although this incident occurred in Utah, it presents several compelling legal issues to Californians, such as:

• How reliable is the information provided by the eyewitness? Did the individual provide a thorough description of Imlay, plate numbers, or other identifying information?

• When was the preliminary alcohol screening (PAS) or blood alcohol test (BAC) administered, and how long after the incident? California Vehicle Code Section 23152 (a) sets the DUI standard at blood alcohol levels of 0.08 percent or more, within three hours of the incident.

• What is the nature of the class B misdemeanor? Under California Vehicle Code Section 20002, defendants aren’t subject to criminal liability unless they cause damage to the other party’s property. Although the retaining wall wasn’t damaged, the patrol car – presumably owned by the Cedar City Police Department – was.

If you face a complex DUI case such as this one, working with a qualified Los Angeles DUI attorney is crucial to ensuring a fair trial. Michael Kraut, a Harvard-trained former prosecutor, knows the law and will work with you to craft a solid defense. Contact Kraut Law today. Continue reading

Published on: June 4, 2014

The Moment Before You Had the Drink That Led to Your Los Angeles DUI: Why?

by Michael Kraut

Given all the sturm und drang over your Los Angeles DUI arrest, you’ve had very little time to reflect about events. The little thinking you’ve done has likely been “surface level” thinking. For instance, you’ve probably spent some time puzzling out:

•   What to do about your job;
•   How to get by without a license;
•   What to tell your parents or peers about what happened;
•   How to find an effective Los Angeles DUI defense lawyer to represent your interests and help you avoid (or at least minimize) punishments for your crime, which could range widely and include tough probation terms, forced installation of an interlock ignition device in your car, mandatory CA license suspension, fees and fines and prison time.

But could you benefit from considering your Los Angeles DUI in a different kind of context? What if you tried to figure out what drove you to drink too much (if you did, indeed, drink too much)? What if you spent time puzzling out WHY you got behind the wheel while DUI?

These questions sound almost sophistic and possibly irrelevant. After all, who really cares why you did what you did? You just want to get out of trouble, stay out of jail, avoid the fines, etcetera. But reflecting on your mistakes (if you made any) is vitally important, if you hope to achieve the best outcome.

Such thinking could possibly inform your defense strategy. It could help your attorney figure out what kind of evidence to collect. It could help you figure out what you need to do to avoid future DUI trouble. For instance, let’s say you have a history of driving problems or trouble with drugs and alcohol. If you’re honest about that history, your attorney can help you find a good therapist and other resources to keep you on the straight and narrow, going forward.

So how CAN you figure out what “tipped you” into making your fateful decision?

Try to think back to the key moments of the day or evening of your DUI arrest. What were you thinking about right before you grabbed the keys and got behind the wheel? What were you thinking about right before you chose to have that fourth beer or glass of wine? What were you thinking about just before you drove away from the scene of your Los Angeles DUI accident? What were you thinking about just before you got into the verbal fight with the police officer?

Seek to understand the thoughts and emotions that triggered your strange/unwanted behavior. Your attorney can use this thought process as a springboard to contrive an intuitive and effective defense.

For help getting to the bottom of your Los Angeles DUI situation, get in touch with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a vastly experienced ex-criminal prosecutor with a long history of successes in complex criminal trials.

Published on: June 2, 2014

Double Zap DUI – Police Bring Down Fleeing Suspect with Two Jolts of a Taser

by Michael Kraut

If there’s any state with crazier DUI stories than Southern California, it is Florida.

To wit, consider a bizarre arrest last week out in Manatee Country, where 42-year-old Larry Ryans was busted for multiple charges, including DUI, possession of a concealed weapon and resisting arrest without violence, after he bolted from police while sherriff’s deputies tried to handcuff him.

According to local reports, a deputy stopped Ryans at around 2:20 a.m. on Sunday (a common time for DUI busts, since that’s when Saturday night parties tend to end) at 14th Street and Bayshore Gardens Parkway. Deputies apparently put Ryans through the paces of a field sobriety test and found probable cause that he had been DUI.

And so began the arrest process… But Ryan was having none of it!

Before officers could handcuff him, he twisted and bolted, tearing across the parking lot of a local Target. A deputy brought out his taser gun and zapped Ryans with the taser. The man collapsed onto the parking lot but then got up again and kept running. Another deputy fired a second taser shot, knocking Ryan down and allowing officers to cuff him and book him.

Paramedics treated Ryans for abrasions to his arms and hands and found two taser probes embedded in him – one in his lower left leg and one in his lower back. Deputies also alleged that Ryans had a concealed dagger inside his shirt. Authorities held him on a $50,000 bond.

We’ve discussed in the past how DUI defendants often make their situations (much, much) worse after they get caught, because they resist arrest, leave the scene and otherwise engage in unwise/illegal practices. The job of the defense attorney, therefore, becomes more complicated. The goal is not just to figure out why you got the DUI and what you can do to fight it but also to understand the gamut of other coincidental charges.

Along those lines, police can also say or do things during or after a stop that can complicate the process. Sometimes, the police are justified in taking extreme measures, like using tasers to stop people from fleeing arrest. In other cases, police use excessive force, pull people over without probable cause or otherwise violate people’s Constitutional rights.

The moral is that you need an attorney who can understand the entire context of your arrest — as well as all the charges at play — and construct a defense that’s tailored to your needs.

Fortunately, the team here at the Kraut Criminal & DUI Lawyers has a great track record of building effective defenses. Contact former city prosecutor and Harvard Law School educated Los Angeles DUI attorney Michael Kraut immediately to set up a free consultation.