DUI Defenses

Published on: June 13, 2016

How Not to Parent 101: DUI Drivers Win Bad Parent Awards

Children learn from their parents’ behaviors, so people convicted of DUI in Los Angeles might want to ponder the future and think about what their kids might try when they’re old enough to drive. Will your children repeat your actions, or will they be so turned off by the repercussions of your DUI that they’ll vow never to get behind the wheel while impaired?

Here are two stories along those lines to chew on:

• In Richmond, Virginia, a mother left her 16-month-old son and a dog alone in a hotel room while she allegedly went out drinking. Police picked up Taliaferro Troupe, age 34, for DUI shortly before 6 a.m. on a Sunday morning, but the mother apparently didn’t remember to tell authorities or her family members about the child until seven hours later. Troupe’s mother and the hotel staff finally went to the room around 1:30 in the afternoon and found the child in soiled diapers and without access to food and water. No one knows how long the child had been in the room alone.

Published on: June 8, 2016

New Law Says No Tows for DUI Drivers: Is It Fair? Will It Help?

by Michael Kraut

Drivers at risk for DUI in Los Angles sometimes face dilemmas. They don’t want to drive when they suspect they’ve had a few too many, but if they don’t move their cars from a bar’s parking lot, they may risk a tow truck taking it to an impoundment lot. Would they be more inclined to seek alternative transportation if they knew that their cars would remain in place overnight?

The City of Tampa, Florida, thinks that they will. In 2008, the City adopted an ordinance that made it illegal for bars to have vehicles on their lot towed between 9 p.m. and noon the next day, unless they have signed an order authorizing its removal. The law also forbids tow truck drivers from removing any vehicle unless they have a signed order that gives the make, model, color and license plate of the vehicle and the name of the person in the bar who ordered the removal.

But the law has not worked as intended. According to a series of investigative reports by TV 10News in Tampa, neither bar owners nor customers are aware of the law. People interviewed for the news story said that fear of towing did play a role in their decision to drive their vehicles after they had been drinking.

So Tampa’s City Council is now considering another measure to require any bar or restaurant that serves alcohol to post signs telling customers that their vehicles cannot be towed before noon. According to 10News, the goal is to encourage anyone who’s had too much to drink to seek a lift from a cab, Uber, Lyft or a friend.

Published on: June 6, 2016

South Carolina DUI Drivers Retain Moped Option – Should Los Angeles DUI Drivers Get Something Similar?

by Michael Kraut

Drivers convicted of DUI in Los Angeles usually lose their licenses for some period of time, forcing them to seek alternative transportation. They may take the bus, get rides from friends or family members or use cabs or ride-sharing services.

In South Carolina, however, DUI drivers have had another way of getting around the license restriction. They can travel around on a moped, since those vehicles are not subject to the same traffic and safety laws as other motor vehicles.

But moped drivers can expect some changes. The South Carolina legislature just sent a measure to Governor Nikki Haley that will require operators to follow almost all of the state’s traffic laws. When the bill becomes law, police officers will be able to arrest a moped operator for DUI just like they could arrest any other motorist who drives while impaired. (They could not do that under current law.)

However, drivers convicted of DUI who lose their regular drivers’ licenses could still get a special moped license that would allow them to continue to operate these small motorized vehicles.

Published on: June 6, 2016

Oddball Encounters with Houses Halt DUI Drivers

by Michael Kraut

Some Los Angeles DUI drivers manage to evade police officers who try to stop them. Others collide with other cars but continue on their way missing a fender or a front headline. But when a DUI driver smashes into someone’s home, that encounter is usually enough to halt the progress–one way or another.

• In Chesterfield, Virginia, 29-year-old Edward Reid rammed several cars on the evening of Saturday, May 28th, before he hit a house on Sherwood Forest Drive. Although the collision stopped the car, it did not prevent Reid from taking off. Police caught up with the errant driver and charged him not only with DUI but also with hit and run and a misdemeanor drug possession charge.

Published on: May 27, 2016

Unsuccess Leaves Clues: What DUI Drivers Leave Behind [For Instance: a Headless Vulture!]

by Michael Kraut

Pro tip: People who want to avoid charges for a DUI in Los Angeles (or for other criminal charges) should avoid gifting police officers powerful evidence against them.

In Tumwater, Washington, on May 17th, police charged 32-year-old Christopher Rieg with hit and run and with driving under the influence. Reportedly, Rieg traveled through an intersection, slammed into a black sedan and then took off. But he left behind something from his vehicle—his license plate. When a police officer found the tag in the intersection, he did a quick search and found that the plate belonged on a car owned by Rieg. The officer also uncovered a booking photo of Rieg from an earlier arrest.

Police officers discovered Rieg and a female companion standing by the side of the road not far from the crash scene. They administered a blood alcohol test and found his BAC level was .16 – twice the legal limit. After Rieg went to jail, a judge set his bail at $50,000.

Published on: May 23, 2016

Driver Gets 26 Years to Ponder Consequences of Fatal Crash That Occurred Just Hours After DUI Conviction

by Michael Kraut

Some drivers never seem to get the message about the dangers of DUI in Los Angeles, no matter how many times they face arrest, pay fines or waste days or weeks (or longer) in jail.

A judge in Nashville, Tennessee, gave a local DUI defendant plenty of time to ponder her driving decisions and their effects on others’ lives. Judge Monte Watkins sent Stephanie Ferguson, age 30, to prison for 26 years after she caused an accident that killed two men in their 60s.

The worst aspect of the case? Ferguson caused into the fatal collision just two hours after pleading guilty to her second DUI.

On January 22, 2015, a judge sentenced Ferguson to two days in jail and put her on probation for a year. Ferguson also lost her license, but that didn’t stop her from driving her red pickup truck just two hours later. She reportedly came over a bridge and slammed into a white Cadillac stopped at a signal. Two of the vehicle’s occupants received fatal injuries. Emergency responders transported six other people to the hospital as well.

Published on: May 18, 2016

Affluenza Teen Going to Jail for Fatal DUI

by Michael Kraut

A Texas judge has finally sent Ethan Couch, the “affluenza” teen, to jail. Most drivers convicted of a deadly Los Angeles DUI would have been grateful to receive Couch’s original sentence—10 years’ probation for causing four deaths while DUI. But Couch didn’t appreciate the break he received.

Judge Wayne Salvant ordered Couch to report to jail to serve a sentence of 720 days, which amounts to 120 consecutive days for each of the four people that he killed. Couch, who was 16 at the time, also injured nine other people when he plowed into a disabled SUV on the side of the road.

Couch pleaded guilty to four counts of intoxication manslaughter and other crimes. During the sentencing hearings, Couch’s lawyers contended that he suffered from “affluenza” and therefore couldn’t be held accountable for his behavior. That defense, and the juvenile court judge’s sentence of 10 years’ probation, led to a storm of criticism throughout the country.

In late December, however, a video surfaced that showed Couch breaking the terms of his parole by drinking at a party. Rather than face the consequences, he fled with his mother to Mexico. Authorities there picked him up a month later and extradited him to the U.S.

Published on: May 16, 2016

When Should a Marijuana High Equal a Los Angeles DUI?

by Michael Kraut

Blood alcohol content serves as a determining factor when police decide whether or not to charge someone with DUI in Los Angeles. If a breathalyzer and/or blood test shows a reading of .08 or higher, the driver will likely face a charge of driving under the influence.

But a May 10th article in the Washington Post highlights the subtle challenges of evaluating whether or not a driver is operating under the influence of marijuana. Pot doesn’t show up in a breathalyzer test, and measuring the THC content in the blood doesn’t give an accurate picture of whether or not someone can drive safely.

The AAA Foundation for Traffic Safety recommends that states take a different approach. Instead of setting legal limits for THC in the bloodstream, states should train certain police officers for certification as drug recognition experts (DRE). Then, when a DUI suspect shows signs of marijuana use, these specially trained officers would conduct an hour-long series of tests to confirm (or refute) that suspicion. Only then would they administer a blood test to determine the level of THC content in the suspect’s bloodstream.

Published on: May 11, 2016

Oakland DUI Drivers Avoid Checkpoints On May 5th

by Michael Kraut

Should people of Irish ancestry complain about planned checkpoints for DUIs in Los Angeles on St. Patrick’s Day? In Oakland, California, at least, their protests could have an impact if the local department’s actions regarding Cinco de Mayo DUI checkpoints are any indication.

A press release, “Fiesta Time of Jail Time,” issued by the Oakland Police Department triggered protests by Hispanic activists, according to various media reports. The release said that “In the United States, Cinco de Mayo has become synonymous with festive fiestas and salty margaritas…but present-day celebrations often lead to drunk driving–and there’s no victory in that.” (Cinco de Mayo celebrates Mexico’s 1862 victory over France at the Battle of Puebla during the Franco-Mexican War.)

Published on: May 9, 2016

Judge Goes to Jail with DUI Offender – Why?

by Michael Kraut

Defendants who go to court charged with a Los Angeles DUI may anticipate a lecture from the judge who hears their cases. They likely would never anticipate, however, is that the judge would sentence them to jail… and then spend the time behind bars with them!

Stories in North Carolina’s Fayette Observer and in the Washington Post tell the tale of Sergeant Joe Serna, a retired Special Forces veteran who served almost twenty years with the U.S. Army. He survived four tours of duty in Afghanistan and had close brushes with death three times; he earned three Purple Hearts.

Serna’s wartime experiences never left him entirely. He suffers from Post-Traumatic Stress Disorder, and he has had some substance abuse problems. After being arrested for DUI, he had been on parole and enrolled in a veteran’s treatment court program supervised by North Carolina’s District Court Judge Lou Olivera.