DUI probable cause

Published on: October 3, 2016

Did Driver’s Sex Make a Difference in DUI Consequences?

Any driver convicted of DUI in Los Angeles should receive equal treatment in a courtroom regardless of gender or race. Of course, since judges are human and every defendant’s driving record is different, two people convicted of the same DUI offense may receive dissimilar sentences.

Employers should also have a written gender and race-neutral policy that clearly spells out what will happen if an employee faces DUI charges. But that’s not always the case, and it can leave those employers open to charges of discrimination.

In Syracuse, New York, Colleen Tedeschi, former principal of Jamesville Elementary School, is claiming that the Jamesville-DeWitt school district has practiced gender discrimination after firing her from her job. According to the website Syracuse.com, Tedeschi said the district treated her differently than it treated a male employee arrested on similar charges.

Published on: September 30, 2016

Three Cautionary Tales: Drivers Make DUIs Obvious

by Michael Kraut

Poor motor skills, the smell of alcohol and red eyes are all signs that someone could be DUI in Los Angeles. But police officers don’t always have to use those clues to know that something is wrong; the situations themselves can make it pretty obvious that the drivers have a problem.

• Ronald Brundige, age 26, of Depauville, New York, was pulling a car behind his vehicle when police stopped him on September 20th. They noticed what Brundige apparently did not—the car he was pulling was on fire. The officers towed Brundige off to jail, charging him with DWI, aggravated unlicensed operation and refusing to take a breath test.

• People who want to avoid DUI charges should try not to do anything that will attract police attention. A 16-year-old teen from Virginia learned that lesson the hard way when he drove into a lake near his home. The teen and a friend had been drinking by the water, but when they decided to leave the young driver put the car into reverse gear by mistake. The vehicle went backwards 25 feet into the lake. The teens made it out safely, but police had to send a rescue team to get the car out of the water the next day. The teen is now facing DUI charges.

Published on: August 25, 2016

Continuing Repercussions From Supreme Court DUI Ruling

by Michael Kraut

Ever since the U.S. Supreme Court ruled that police must have warrants to draw blood from DUI suspects, defendants accused of DUI in Los Angeles and their lawyers have been working to get any incriminating blood evidence suppressed in their trials. (Those convicted of DUI have been trying to get their convictions overturned.) Such efforts have been successful in many state and local courts throughout the country.

California prosecutors and defense attorneys are watching one case in San Mateo County that involves vehicular manslaughter. On October 5, 2013, 27-year-old Zachary Katz drove the wrong way on U.S. Highway 101 and slammed into another car. The crash ejected both occupants of the other vehicle, killing one and seriously injuring another, according to Palo Alto Online.

When police officers did a preliminary blood screening on Katz, his blood alcohol content measured 0.15. Two hours later, a hospital test showed it to be 0.13. Both readings are well over the legal limit of 0.08.

Published on: August 17, 2016

Judge Sentences DUI Doctor to Jail

by Michael Kraut

Although judges may try to be impartial when hearing cases of DUI in Los Angeles or any other locale, in reality, the occupation of the defendant can impact the way that the justice system treats them. But sometimes the accused driver presses his luck too far.

In Illinois, Cook County Judge James Karahalios sent Dr. William Malik, an orthopedic surgeon, to prison for six years for aggravated DUI and criminal damage to property. The court had given Malik many opportunities to change his ways; the physician had six previous DUI arrests dating from 2005 in several different jurisdictions in Illinois and in Wisconsin, according to a Chicago Tribune news report.

In the latest incident, which took place earlier this year, Malik was driving his Lincoln LS when he sideswiped a parked car, drove onto a lawn and then hit a garage and two fences. The arresting officer reported that Malik said “At least I didn’t hit anybody.”

Malik has undergone treatment for alcoholism several times, but he reportedly has not been successful in controlling his addiction. During the sentencing hearing, several character witnesses spoke of his struggle as well as his skill as a physician and his commitment to his family. But the prosecutor argued that Malik had gotten off too many times with the “good doctor” excuse and that he didn’t deserve any more chances.

Published on: August 10, 2016

Sister Passes the Buck on DUI Charge

by Michael Kraut

Drivers pulled over for a Los Angeles DUI try many different ways to avoid getting a DUI charge on their records. Some plead with the arresting officers asking for a break; others may hire experienced attorneys who will look for flaws in the government’s case. Some people will even lie about their identities to the arresting officers, although that ruse does not work well over the long term.

Shannon Whack, age 31, said she had been attending a party on March 17th at her (now-ex) boyfriend’s home when he became abusive. Grabbing her two young kids, she got into her car at 2:30 in the morning and left, despite the fact that she allegedly had been drinking much of the evening.

Police officers in Graham, North Carolina, caught up with Whack and determined that she had been DUI, according to the Times News of Burlington, North Carolina. They took her to jail, but Whack probably knew that admitting her real identity would get her in even more trouble, because she reportedly had been driving on a suspended license (not for a DUI, however). Her workaround was to give the booking officers her sister’s name and birth date.

Published on: July 11, 2016

Illinois DUI Driver Plays Bumper Cars

by Michael Kraut

DUIs in Los Angeles often involve collisions between vehicles, between a vehicle and a pedestrian or between a vehicle and some building. But the DUI driver rarely hits the same object more than once–at least not on purpose.

In Naperville, Illinois, however, John Chiampas was apparently determined to get the vehicle that blocked his route out of the way. According to the Chicago Tribune, Chiampas was driving his 2011 BMW when he struck a Volvo that was stopped by the side of a road. Chiampas hit the Volvo once, and it rolled forward. He proceeded to strike the car from behind several times, at one point backing up and then moving forward again to slam into it.

Fortunately, the family inside the Volvo—a man, a woman and their three children—were not injured.

Published on: May 4, 2016

Arizona Supreme Court Rules: One Word Wrong–No DUI Charge

by Michael Kraut

When police officers charge drivers with Los Angeles DUI, they must take great care when booking people to avoid violating their Fourth Amendment rights. Even simple, seemingly trivial mistakes in protocol can mean that an otherwise justified arrest won’t stand up in court.

To that end, the Arizona Supreme Court recently ruled that if police officers say that a driver is “required” to take a blood alcohol test rather than “requested” to do so, the DUI charge won’t stand. According to Tucson TV station KVOA, the court said that requiring a search would violate a person’s Fourth Amendment rights against unreasonable search.

Published on: January 27, 2016

New Year Starts With Unusual DUI Arrests

by Michael Kraut

While city police officers were tackling the typical arrests for DUI in Los Angeles, law enforcement officers in other states were coping with some more atypical incidents.

In Tucson, Arizona, a woman who gained national fame for wearing a colander on her head in her driver’s license picture is getting a bit more (probably unwanted) attention. According to the Arizona Daily Star website, Jessica “Asia” Steinhauser had traveled by car to the offices of her local school district with her 10-year-old daughter in the vehicle. It didn’t take the district staff long to figure out there was a problem; Steinhauser smelled like alcohol and passed out on the office sofa shortly after her arrival. Police arrived at the scene and arrested her.

Published on: October 26, 2015

DUI Drivers Pose Danger to Dwellings: Crashing into Houses Not a Smart Move

by Michael Kraut

Vehicles driven by motorists suspected of Los Angeles DUI often end up in unseemly places — smashed against light posts or walls or discarded, broken in the wrong traffic lane. But such drivers sometimes come to a halt only when they run up against something much bigger… like the side of a house!

Let’s take a look at recent examples.

In the Chicago suburb of Arlington Heights, a 21-year-old woman hit a home on Hintz Road around 3:30 in the morning of Saturday, October 10th. Police officers, who charged the driver with DUI, said the accident caused significant damage to the home. They even had to call in building inspectors to determine whether or not the house would collapse when the vehicle was removed. Fortunately, the car/home collision didn’t harm the three people in the building. The driver suffered only minor injuries.

A 20-year-old in Douglas County, Colorado, meanwhile, had allegedly been racing on his street, when he hit a pine tree and flew into the home of a neighbor. Gunner Bolstad had been carrying two passengers, when his car crashed through the bedroom window of 70-year-old Cliff Turner. The grandfather, thrown from his bed, suffered only slight injuries. His visiting 13-year-old grandson, also sleeping in the room, wasn’t hurt but did get a fright when the crash impact launched his bed across the room. Police arrested Bolstad on charges of DUI, reckless driving, careless driving resulting in injury, four counts of reckless endangerment and third-degree assault.

Lastly, Jason Crooks didn’t actually hit a home in Moorhead, North Dakota, but he allegedly caused an accident that resulted in a vehicle/house collision. Crooks, later charged with DUI, had reportedly been speeding when he hit another car making a U-turn. That driver got out of her car but forgot to put it in park; it continued to move until it hit the home and its gas meter. No one was hurt, but the utility company had to rush to the scene to repair the gas leak.

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: August 19, 2015

DUI Stories You Don’t Hear Every Day

by Michael Kraut

People out on bail after an arrest for a DUI in Los Angeles may try to avoid going to court (and possibly to jail). But few can match David Doyle Abbey Jr.’s ability to evade capture. Until mid-August, he had managed to dodge a court appearance on DUI charges for more than 20 years.

Abbey was riding a bike along a street in Anderson, California, when police stopped him as they searched for a stolen bike. When officers ran his name through the system, they discovered that Marin County had an outstanding felony warrant against him for causing injury while driving under the influence of drugs or alcohol. The police escorted Abbey to jail—21 years late—and he’s likely to remain there because the courts haven’t granted him bail.

While Abbey managed to stay out of the police spotlight for more than two decades, Gilbert Phelps of Iowa City, Iowa, apparently enjoyed the chance to hang out with them. According to KCCI TV authorities pulled over the 20-year old around 2 a.m. on August 6th for speeding. The arresting officer noticed a strong smell of alcohol, and Phelps admitted that he had been smoking pot before driving. As the officer prepared to give Phelps a breathalyzer test, the young man asked if he could take a selfie with him.

It’s not clear which is more bizarre–the fact that Phelps, smiling broadly, wanted to memorialize his moment of infamy via a selfie posted to Snapchat—or the fact that Iowa City Police Officer Ben Hekoten also appears in the background of the shot with a big smile and a thumbs up sign. (Maybe he had just met his DUI arrest quota that month?)

Police charged Phelps with a DUI. He’s scheduled to appear in court in mid-August; family and friends may want to watch for a selfie of that memorable moment in his life as well.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ Michael Kraut for insight and peace of mind. Mr. Kraut is an experience Los Angeles DUI attorney with many relevant connections in the local legal community.