Articles Posted in DUI Defenses

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The Los Angeles DUI defense community is buzzing with news that the National Football League (NFL) may be revising its rules regarding how professional football players should be punished after being caught for DUI.NFL-DUI-rules

Why does the defense community at large care? What are the proposed rule changes, and what do they aim to accomplish?

Let’s address the nitty-gritty first and then talk in more general terms about why these proposed changes could have profound ramifications not just for football players and other athletes but for DUI defendants in general.

The NFL Players Association (NFLPA) and NFL are striving to change the substance abuse policy for the league. Right now, first time DUI offenders automatically get fined two game checks. The NFL wants to throw a one game suspension into the mix. The NFL and NFLPA also want to revise the rules about the human growth hormone (HDH) testing process. Both groups agree that HDH testing should be done, but they can’t figure out who should arbitrate any decisions – an independent arbitrator or Roger Goodell, the NFL’s top dog.

The policy changes seem subtle. However, they can teach us several important lessons:

1.    DUI policy is always in flux.

The rules governing when and how DUI drivers should be punished are constantly changing, both in the NFL and in state legislatures. To that end, do not attempt to construct a defense by yourself; rather, work with an experienced attorney who understands the latest and most important legal changes.

2.    The conventional wisdom almost always favors punitive approaches for dealing with DUI.

One of the key ideas behind the NFL’s proposed policy change is that, by threatening players with even more penalties for driving DUI (i.e. a suspension, rather than just a fine), the league hopes to curb DUI behavior. However, this assumption may or may not be true. Some research, for instance, suggests that ratcheting up punishment in such a fashion does not deter recidivism.

3.    DUI behavior is a social phenomenon.

Human beings are deeply influenced — at unconscious or subconscious levels — by how their friends and peers behave. If you play in the NFL, for instance, and you see a lot of your friends or colleagues drive under the influence, you might be more likely to get arrested yourself for that crime. This is not a conscious choice – we just tend to mimic people who we think are similar to us. To that end, if you have been hanging out with a crowd that’s prone to partying and breaking the law, think about getting new friends.

For help understanding your charges and formulating an effective Los Angeles DUI defense, call attorney Michael Kraut today at the Kraut Criminal & DUI Lawyers to schedule a free consultation.

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When people read about Los Angeles DUI defense stories, they often get suspicious. Are DUI attorneys simply getting dangerous people “off the hook” and causing miscarriages of justice?ferrari-dui-los-angeles

The reality is: absolutely not.

Attorneys like Michael Kraut of the Kraut Criminal & DUI Lawyers work diligently to ensure justice and fairness and to protect people who don’t understand their rights and obligations. But every once in a while, some ridiculous story comes down the pike that seems to confirm the popular suspicion that DUI lawyers are simply in business to get dangerous drivers off the hook. This sets our entire cause back substantially.

Consider, for instance, the recent case of Joseph Shaun Goodman, a Washington state man who smashed up his $70,000 silver Ferrari F360 on December 29, 2013, after leading police on a high speed chase. Per news reports, this was Goodman’s seventh lifetime DUI arrest. He just pled guilty to both the DUI charge and a felony charge for alluding police.

However, per his arrangement, he will not spend a single day in jail.

Another man, Henry Griffin, had been riding in the car with Goodman on the evening in question, when police saw his Ferrari speeding and tried to pull him over. Instead of stopping, Goodman fled, driving erratically at high speeds. Griffin called 911 and begged his friend to let him out of the car. Goodman finally slowed down enough so that Griffin could jump out of the car. He did and got pretty banged up as a result.

Griffin, who was still on the line with 911, then reported “I jumped out of the car and now I’m calling you guys because you I’m scared he might be looking for me… he smoked them, man. I mean, he went so fast.”

Griffin later told a local paper “he hit a buck thirty through all the red lights in town… I thought I was going to die, 100%.”

Eventually, Griffin crashed, and police caught up to him. They tested him and found that he had a 0.16% BAC – twice the legal limit in Washington and here in Southern California. He was busted not only for felony eluding and felony DUI but also on suspicion of falsely imprisoning Henry Griffin. Local law says that someone with two or three DUI priors gets, who get caught for DUI again with a BAC greater than 0.15%, must serve a prison sentence of 120 days. But Goodman somehow managed to get out of this penalty, prompting Griffin and two dozen others to protest the lenient punishment.

In Southern California, if you are convicted three times for DUI within a period of ten years, you can similarly face mandatory massive jail time, even if you didn’t hurt anybody, elude police or falsely imprison anyone in your vehicle.

Whether Goodman’s result was another case of “affluenza,” as critics have said, or just a fluke or lucky break is impossible to say.

If you or someone you love wants a free consultation about your rights and options, call former Senior Deputy District Attorney for Los Angeles Michael Kraut today to get the insight you need into your Los Angeles DUI defense.
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As regular readers of our Los Angeles DUI blog know, penalties for getting convicted even for misdemeanor DUIs can be quite intense and can lead to lengthy license suspensions, substantial time behind bars, massive fees, spikes on your insurance rates, unpleasant probation terms, and more — and that’s just for first time offenders who don’t hurt anyone or commit other crimes.dui-law-passes-15-0

But DUI law is constantly in flux.

Consider, for instance, a new proposed law out of Springfield, Illinois, where members of the state House voted last Wednesday 15-0 to approve legislation to allow DUI offenders with revoked licenses to get a second chance to get behind the wheel.

Even members of the anti-DUI advocacy group, Alliance Against Intoxicated Motorists, backed the legislation, because it gives deserving people a second chance. The legislation would let people who have been convicted for DUI up to four times obtain restricted permits to drive… with lot of caveats:

•    First of all, they must wait five years.
•    Secondly, they must demonstrate that they have been sober for three years by completing alcohol treatment programs.
•    Finally, they need to install breathalyzer devices in their vehicles permanently.

State representative, Elaine Nekritz, a Democrat from Northbrook, sponsored the bill, and it will now be sent to the floor for a vote.

Is SB 1996 a “good thing” for the community? Does it create hazards for drivers? Should motorists and pedestrians applaud it or condemn it?

These are all very important questions, and they speak to a critical point, which is that DUI legislation really should be based on good science and objective research.

What actually works, in the real world, in terms of reducing fatalities and DUI related accidents on the road?

What actually works in terms of rehabilitating drivers and preventing them from repeating their mistakes behind the wheel?

What actually works in terms of developing auto and road engineering systems to minimize the likelihood of crashes?

California law punishes recidivist (repeat) DUI offenders more harshly than it does first time offenders. For instance, if this is your first DUI, and you are convicted, you may face 48 hours in custody (up to six months behind bars), a one year license suspension, a minimum of six weeks of alcohol school and other penalties.

However, if this is your third or fourth arrest within 10 years, your minimum jail time, license suspension time, and alcohol school time will be jacked up significantly. You may lose your license for three or more years and face way more 48 hours behind bars, depending on circumstances.

No matter what happened in your case, an experienced Los Angeles DUI defense attorney here at the Kraut Criminal & DUI Lawyers is standing by to assist and help you make smarter decisions. Call or email us today for a free consultation.
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It’s a sad tale that we keep noticing here on this Los Angeles DUI blog — children and relatives of famous celebrities cause terrible harm to their reputation and future (and sometimes to other people) by making unwise choices regarding drinking and getting behind the wheel.jett-adkinson-dui

To wit, consider the recent arrest of 61-year-old Jett Adkinson, daughter of the famous country singer, Hank William Sr. Police arrested Adkinson last Friday, after witnesses noticed that she had been driving on the wrong side of the road. Police stopped Adkinson at around 10.30 PM, after she allegedly forced a red truck to swerve to avoid her on Leeville Pike and Hartmann Drive. She later told authorities that she had consumed “some wine” before getting into her vehicle. She allegedly exhibited signs of DUI, including odor of alcohol on her breath, and she failed her field sobriety tests.

Adkinson originally insisted that she had just been drinking diet coke and eating pizza.

This is Adkinson’s second DUI of the year. Police pulled the Nashville native over in February after witnesses saw her Jaguar weaving between lanes. Adkinson was born five days after her father died; she apparently had no idea about her legacy until the 1980s.

While Adkinson had insurance on her, many people stopped for DUI don’t have insurance – and don’t have up-to-date licenses, either. If you are stopped and charged per CVC code 23152(a) or 23152(b), you are not mandated to tell your insurance company about the DUI right away. If your attorney can dismiss the charges, you may not have to tell the insurance company at all.

However, IF the insurer does find out about the DUI, your rates could spike and cost you literally thousands of dollars over the next months/years. Your insurance company will examine your DMV record whenever assessing you for renewal. If a representative spots a DUI, your rates will probably go up. A carrier can also discover your DUI if/when you seek an SR-22 certificate, which is required by law to confirm that you meet the Golden State’s insurance requirements. You must request an SR-22, after your license suspension, if you want to drive again. At that point, the insurer will find out about the DUI, and your rates could go up.

For help understanding what to do to fight back against your charges, contact a Los Angeles DUI defense lawyer with Kraut Criminal & DUI Lawyers. Mr. Kraut is an experienced former prosecutor (Senior Deputy District Attorney) who has helped people just like you prevail with their cases.

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Do you sometimes wonder why Los Angeles DUI defense attorneys do what we do?Tanya-Weyker

After all, isn’t it a universally “good thing” that police officers scoop dangerous drivers off the street and punish people who make dumb decisions that ultimately take lives?

Obviously, the police can and do awesome work to protect us all, and even the most aggressive DUI defense advocate believes we should live in a world with consequences.

But a recent case out of Wisconsin demonstrates dramatically why teams like the Kraut Criminal & DUI Lawyers do what we do.

On February 20, 2013, a 25-year-old Wisconsin woman, Tanya Weyker, suffered a broken neck (in four places), after a sheriff’s deputy hit her car, sending it into a tree. As the woman told Fox News, “it was a miracle I wasn’t paralyzed.”

It was already a bad and horrible situation for Weyker. But it got much worst.

The sheriff’s deputy who hit her, Joseph Quiles, blamed her for the accident and arrested her for DUI, sending her into a legal and logistical nightmare. Weyker had been prescribed Vicodin for wisdom teeth that she had had out, but she hadn’t taken that drug for a week. She did say at the scene that she had had “a few sips” of a friend’s drink. Deputies also noticed that she had red, bloodshot eyes. But then again, she was crying from the pain of her accident (she had just been knocked into a tree and had broken her neck in four places!)

Even though she was too hurt to take a breath test or blood test, authorities still arrested her on five charges, including DUI with injury. In California, that’s a very serious charge, punished by CVC 23153, and it can lead to a felony conviction and over a year behind bars.

Even more awfully, in the police report, Deputy Quiles wrote that he had come to a full stop at the stop sign and that Weyker didn’t have her lights on. Weyker happened to have a Toyota Camry, which always turns on the lights automatically, so he was factually incorrect. And Weyker’s blood tests came back completely negative, meaning she not been DUI in the least.

Two days after the accident, surveillance footage of the accident emerged and showed that Quiles was clearly at fault. But instead of exonerating and apologizing profusely to Weyker, law enforcement continued to pursue the case.

Meanwhile, Quiles has finally admitted to causing the crash. Here is a transcript from an internal investigation:

Investigator: “You believe that you probably did roll [through the stop sign]?”

Quiles: “Yes. Yes I do.”

Investigator: “Because of that, do you believe you are at fault for this accident?”

Quiles: “That’s correct.”

Weyker has filed a complaint, which could pave the way for her to launch a civil suit against that police department.

If you or someone you love needs a DUI defense, call a Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately for a free consultation.

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According to the Los Angeles DUI injury section of the California Vehicle Code — 23153 — if you injured someone while driving a motor vehicle under the influence of drugs or alcohol, prosecutors can subject you to a fearsome array of punishments, such as:los-angeles-dui-whiplash

•    Felony jail time (over a year behind bars);
•    Lots of alcohol school;
•    Strict probation;
•    Fines and fees;
•    Loss of CA driver’s license for over a year;
•    Other harsh penalties;

Obviously, DUI injury cases are fraught because the stakes of any legal action – for both sides – are so high. If you’re a victim, you may face major medical bills that could add up to hundreds of thousands of dollars as well as lost work time, problems with your relationships, and so forth. As a defendant, you likewise face the unpleasant possibility of having to pay in perpetuity for the victim’s medical care and damages. The legal battle can draw in multiple stakeholders, including various insurance companies, and get complicated as well as emotional.

Given the high stakes and potential drama, you might want to learn what injuries are truly compensable. One of the most interesting types of injuries is whiplash. It’s “interesting” because personal injury claims often sue (and win) for big judgments on whiplash claims.

Whiplash is understood as a painful condition that can lead to lots of agony (not to mention therapeutic bills) and persist for years to decades. But there has always been some controversy over the diagnosis of whiplash. Some radical critics contend that whiplash is effectively a psychosomatic disorder – that’s a fancy way of saying “it’s all in your head.” Now, most whiplash sufferers will tell you that such pain is obviously not “in my head.” But this oversimplification of the critics’ position actually mischaracterizes what they’re saying.

The whiplash “counter argument” boils down to this: the structural damage, if any, caused by so-called whiplash-inducing car accidents is minor, and it cannot account for the range or duration of symptoms that victims report.

As evidence, critics will often point to a very curious (and controversial) series of studies, most famously a study out of Norway that analyzed the so-called Norwegian whiplash epidemic from a few decades ago. Researchers noticed an epidemic numbers of whiplash claims erupted shortly after insurance companies begin to accept whiplash claims. They wondered if the labeling of the diagnosis, itself, was fanning the epidemic somehow.

To try to figure this out, they took a look at whiplash-inducing car accident cases in Lithuania… and found some pretty shocking results. In Lithuania at that time, no one had really heard of whiplash, so the diagnosis was unknown. Amazingly, researchers found that the Lithuanians who got hurt in car accidents did not report the whiplash symptoms – and this remained true even when the researchers adjusted for potential confounders. Without getting into the science, the Norway Lithuania study (along with many others) seems to at least suggest that some cases of whiplash may indeed be created and/or perpetuated by non-structural factors.

So what does this mean for your Los Angeles DUI injury defense?

Not necessarily much!

But the situation illustrates how complex and eccentric DUI defenses can sometimes get. To that end, you want a Los Angeles DUI law firm that has a rich body of experience and excellent in-house resources to help you build a sound case. Look to attorney Michael Kraut and his team at the Kraut Criminal & DUI Lawyers for help with your defense. As an ex-prosecutor and deputy district attorney, Mr. Kraut has the relationships, wherewithal, and experience to assist you.
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This awful news qualifies as one of most disturbing Los Angeles DUI stories of the year: a 16-year-old girl died over the weekend, after a suspected DUI driver smashed into her Palmdale apartment complex.fatal-los-angelesdui

Police found a mini-van jammed inside a building on 10th Street and Avenue R East at around 4 in the morning. Per Sheriff’s Lieutenant Ken Wright (from an interview he did for KNX 1070), “The vehicle was embedded into the building and went into the bedroom of a 16-year-old girl who has passed away as a result of injures from the accident.”

16-year-old Giselle Mendoza had attended Palmdale High School. Her father, Alberto Mendoza, was inconsolable – calling himself “destroyed.” Meanwhile, 20-year-old Roberto Rodriguez – also of Palmdale – has been arrested on suspicion DUI.

Per Lieutenant Wright “[Roberto] has been taken to the hospital to be treated for his injuries and will be booked for vehicular manslaughter … preliminary investigation indicates he was under the influence of alcohol.”

A local eyewitness, James Fisher King, told reporters: “I saw a car coming down 10th, east, about 80-85 miles per hour, and didn’t stop or hesitate. Just right into the building. Boom.” Another girl — just 14-years-old — almost also perished in the accident. Rodriguez’s car plowed through her bedroom as well. But she had been sleeping on the couch that night, fortuitously. Rodriguez made his $100,000 bail, which outraged the victim’s father, who said “You have a lot of money… and you spend money, and come out. And forget it. Somebody died… it’s not fair.”

The powerful emotions that follow a DUI accident in which someone dies can lead to unbelievable amounts of grief, confusion, and frustration on both sides of the equation. It’s easy for people to jump to conclusions about who caused the accident and why and what should be done. However, it’s critical to conduct a sober assessment of the facts.

Prosecutors can choose from an array of charges in DUI accidents that lead to injury or death. A typical non-injury DUI might be charged per California Vehicle Code Section 23152. An injury DUI, on the other hand, might be charged per CVC 23153. The difference between these codes is not just one number – it’s the difference between a misdemeanor and a felony.

If someone dies in an accident in which DUI is suspected, prosecutors can seek vehicular manslaughter charges. There are different grades of this charge, as well. “Gross vehicular manslaughter while intoxicated” is defined by California Penal Code Section 191.5 (a). Prosecutors face a very stiff burden of proof in such cases, but the punishments can be comparably severe. Depending on what happened, the offender can face anywhere from probation to 10 years behind bars in a California prison for every person who died in the crash.

To construct an appropriate defense to your charges, contact a Los Angeles DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers today to schedule a free consultation with a former prosecutor and Harvard Law School educated attorney.
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Tragedy struck on South Victoria Avenue over the weekend, as 38-year-old assistant principal, Christopher Prewitt, lost his life after being struck by a car driven, allegedly, by a DUI driver.christopher-prewitt-dui-crash

Authorities arrested 23-year-old Shante Chappell of Oxnard for Los Angeles drug DUI and vehicular manslaughter in connection with the crime. Chappell made a $50,000 bond, and he faces his first day in court on Friday.

Prewitt, who had a major hearing disability, competed for the U.S team in the World Games for the Deaf as a water polo player. He coached and taught at the DeAnza Academy of Technology and Arts. The principal of that school, Hector Guerrero, reflected on Prewitt’s life and legacy, saying that he impacted “thousands of lives” and that “positivity was what Chris Prewitt was, and the kids absolutely loved that about him.”

This is obviously a deeply tragic loss – not just for Prewitt’s family, but also for the community and the school – and it speaks to how DUI manslaughter cases can ripple across many lives and the entire community.

Given the profound nature of these charges, prosecutors can seek substantial penalties in such cases. Depending on the nature of the crash and death, a defendant can face stringent charges per California Penal Code Section 191.5(a) – “gross vehicular manslaughter while intoxicated.” This charge is complex, and prosecutors must work diligently to prove, among other things, that the defendant acted in a “grossly negligent” fashion. Technically speaking, that’s a type of negligence that goes beyond ordinary carelessness and bad judgment or lack of attention.

Consider, for reference, the Olivia Culbreath case. In case you missed the headlines, a young woman, while allegedly DUI, killed 6 people after driving 100 miles per hour the wrong way on the 60 freeway. Culbreath’s alleged actions could easily be considered grossly negligent, because everyone knows that driving 100 miles per hour the wrong way on the freeway can create a high risk of bodily injury or death. Any reasonable person would tell you that.

Without more facts about the Prewitt case, it is hard to know what prosecutors will ultimately ask for in this case.

If you or someone you love is contending with a Los Angeles DUI charge, former prosecutor and Harvard Law School educated attorney, Michael Kraut, and his team at the Kraut Criminal & DUI Lawyers would be happy to provide a free and confidential consultation about your options.
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This Los Angeles DUI blog, like many other media outlets, is fascinated by ironic DUI arrests.drunk-as-sht-dui-los-angeles

Most people don’t actually know what the word “ironic” means (looking at you, Alanis!), but it defines a situation with a paradoxical discrepancy. For instance, if you are listening to somber, dreary music while an adorable, colorful children’s TV show plays on the screen, THAT is ironic.

Also ironic: trying to plead innocence, after the police pull you over for driving under the influence while you’re wearing a T-shirt with the words “Drunk As Sh**” in enormous bold letters.

Yet that’s exactly what happened to 21-year-old Ross McMakin of Oregon over the weekend.

On Sunday morning, authorities say that McMakin drove his Ford Ranger pickup truck onto the curb and smashed into a parked car. His ex-girlfriend then tried to grab the keys, but he allegedly choked her and drove off by himself. Police were notified at around 3:30 in the morning, and they stopped him.

Per the Corvallis Gazette-Times, McMakin’s BAC level was over twice the legal limit (in Southern California, as in Oregon, that number is 0.08% BAC). He allegedly told police that his “girlfriend didn’t know how to drive stick shift,” so that was why he was driving. He faces a rouge’s gallery of intense charges, including harassment, strangulation, reckless endangerment, and DUI driving.

He also faces instantly infamy, thanks to his T-shirt — that he wore in his mug shot — which read “Drunk As Sh**.”

McMakin obviously is hoping his ironic arrest will fade and be forgotten. Unfortunately, the internet has a memory like an elephant – if you are arrested for DUI wearing an ironic T-shirt – that picture will unfortunately likely live forever in infamy, since it has a “viral element” to it.

On the other hand, someone like McMakin can seek to fight some or all of his charges. One option – which may or may not be available for the 21-year-old – is to seek something called expungement. Basically, if you plead no contest to a DUI (or guilty), in some cases, the court can later allow you to dismiss your case and remove it from the record. Obviously, this won’t help with the public humiliation factor, but it can help you when it comes to applying for a job or insurance. Plus, if you ever get arrested again for a crime like DUI (or something else), the expungement will prevent the court from “seeing” what you did in the past.

For help managing the aftermath of your arrest, call a Los Angeles DUI criminal defense attorney with the Kraut Criminal & DUI Lawyers immediately for a free and confidential evaluation of your case.
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It’s been a busy week for the LAPD, at least as far as Los Angeles DUI arrests are concerned.PCH-DUI-checkpoint

According to the LA Weekly News, police set up multiple saturation patrols and checkpoints throughout the Southland last weekend. On Saturday night (from 7 PM to 1 AM), the LAPD patrolled South LA, near the 77th Street Division area, as well as Huntington Drive near Poplar Boulevard in El Sereno. The police also set up another saturation patrol on Sunday in the West Valley Division area.

Law enforcement officials argue that these patrols prevent deaths and injuries on the road. Per the LAPD: “research shows that traffic collisions involving an impaired driver can be reduced by up to 20% when well publicized DUI checkpoints and proactive DUI patrols are conducted routinely.” While these patrols can, indeed, make the roads safer, they can often capture innocent people in the dragnet, forcing those drivers to endure license suspension, jail time, humiliation, spikes in their insurance rates, and other frustrating consequences.

The authorities set up another checkpoint on PCH over the weekend, netting 20 DUI arrests after checking out 150 drivers. That LAPD checkpoint, which ran from 7 PM to 3 AM, per a Sheriff’s Country press release: “was one of many that have been and will be conducted throughout the year in Malibu.” Authorities arrested 10 people for driving without a license, impounded three vehicles, and even arrested someone for refusing to comply with checkpoint instructions.

History of DUI Checkpoints in L.A. and Beyond

Believe it or not, checkpoints have only been considered Constitutional for a few decades. A landmark case decided by the Supreme Court in the late 1980s considered whether DUI checkpoints violated Fourth Amendment rights. The Supreme Court ruled that such checkpoints were Constitutional, but the court put many constraints on them. For instance, police cannot hold vehicles indefinitely or use excessive force. Authorities are also limited in terms of when and how they can establish and run checkpoints.

Checkpoint Defenses

Depending on when and how you got arrested, you may be able to challenge the validity of the checkpoint or the arrest. For instance:

•    Perhaps police incompetence or negligence occurred;
•    Maybe the blood test that showed that you were above the legal limit was badly calibrated or improperly administered or recorded;
•    Perhaps the police failed to read you your rights, engaged in abusive or overly aggressive behavior, or searched your vehicle without probable cause.

For help, call experienced Los Angeles DUI defense attorney, Michael Kraut, and his team today for an even, clearheaded consultation about your defense options.
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