DUI Category Archives — Page 17 of 41 — Los Angeles Criminal Defense Attorney Blog Published by Los Angeles & Southern California Criminal & DUI Defense Attorney — Medical Marijuana Defense Attorney Michael Kraut

Published on: July 3, 2015

TV Anchors Making DUI News [Themselves]

When you report the news—whether you’re describing a fire in Chicago or a high-profile arrest for DUI in Los Angeles—you don’t want to end up as a story on the 6 p.m. broadcast. But that’s just what’s happened to a couple of TV reporters in the last few weeks.

On June 15th, cops arrested Atlanta news anchor Amanda Davis on DUI charges for the second time in less than two years. Davis had been driving her Mercedes E350 down the southbound lane of Atlanta Road, but reports say that she experienced trouble staying in her lane. An officer who pulled her over said that she staggered out of her vehicle.

It was a case of particularly poor timing for Davis, who had been scheduled to make her return to the screen on that very same night. Earlier in June, in a radio interview, she had said her previous arrest for DUI driving was awful. This latest one probably wasn’t any better.

Less than a week later, in Washington State, police picked up KEPR Action News anchor Terry Chick. The 61-year-old allegedly had been drinking in a bar, and despite protests from other patrons, chose to drive off in his Mazda. He backed into a parked truck, but then took off instead of stopping. Witnesses alerted the cops, who followed Chick’s car and saw it swerving on the road. When the police stopped him, Chick allegedly didn’t do well on the roadside tests, and he refused to take a breathalyzer test.

Chick had a previous arrest for DUI in 2011. He pleaded guilty, and the court sentenced him to serve five years’ probation.

Designing and executing an effective defense against DUI charges (even simple ones) is not intuitive. Fortunately, you can trust the seasoned, highly successful Michael Kraut. Call a DUI lawyer in Los Angeles with nearly two decades of experience.

Published on: June 24, 2015

Los Angeles DUI Cases in Question

by Michael Kraut

Hundreds of drivers found guilty of a Los Angeles DUI are getting another (unwelcome) day in court.

An investigation by county prosecutors and the FBI has revealed that a former court clerk may have fixed as many as 1,000 DUI and other misdemeanor traffic cases, deliberately reducing or wiping out punishments for convicted offenders while entering cases into the system.

According to news reports, the unnamed clerk in a back office in the Orange County Court House apparently altered the paperwork in hundreds of cases. The Orange County Register reported that the clerk recorded cases as dismissed when they were not and listed the wrong (reduced) penalties on case files. The phony resolutions listed in the case files meant that defendants had their punishments reduced or wiped out.

The problem came to light just three months ago, when a supervisor, doing a routine random check of case files, noticed a missing document in a DUI case. The manager went on to check all the other cases that clerk had handled, and he found inconsistencies in as many as a thousand of them.

The Los Angeles Times reports that the clerk’s actions appear to be part of a scheme that targeted Latino defendants.

The county prosecutor and the FBI, which are investigating the case, have not yet charged the clerk or anyone else in the case. The clerk no longer works for the court system, however.

Unfortunately for the defendants, they are not getting off with the lighter sentences. They have been called into court to face a judge, who is reinstating the original penalties in their cases. The judge is sending some defendants directly to jail if they have avoided serving their time so far.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

Published on: June 8, 2015

New Hampshire DUI Defendants Could Go Free

by Michael Kraut

Anyone arrested for a DUI in Los Angeles has probably wished that the charges against them would just disappear. That just might happen in the case of several drivers who were picked up for DUI in New Hampshire.

Television station WMUR 9, located in Manchester, reports that attorney John Durkin is taking the state to court to get information about police officers who may not have passed the breathalyzer certification test. New Hampshire state law requires that all officers get recertified each year.

If it turns out the officers flunked the certification test, the DUI arrests that they made because of breathalyzer results, as well as the convictions that prosecutors won using those results, may all be invalidated.

The problem apparently stems from a glitch in the computer testing program that the state uses. More than 100 officers failed the test, but the program indicated that they had passed. The systemic issues could go all the way back to 2013, which could affect a lot of drivers charged with DUI during that stretch of time.

According to seacoastonline.com, the issue came to light when Durkin heard rumors about the certification problem. He filed a Freedom of Information request with the New Hampshire Department of Safety, asking that the department send him the list of officers incorrectly certified.

The Department of Public Safety says that it responded to Durkin within the required five days, telling him that it would take several weeks for them to comply with his request. At that time, Durkin filed his lawsuit, saying that time frame wasn’t good enough for people arrested for DUI by uncertified officers.

Durkin says he plans to share the information about the uncertified officers with other attorneys. Hopefully, these legal actions will help create a more open, clear system and challenge other law enforcement agencies across the U.S. (and right here in Southern California) to more effectively and meticulously certify the machines they use when testing people suspected for driving DUI.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

Published on: June 5, 2015

Unusual DUI Arrests: Early Summer Edition

by Michael Kraut

As the weather gets warmer, the circumstances surrounding arrests for DUI in Los Angeles and other cities seem to get a little stranger. Here’s a look at two such arrests during the past few weeks.

Cops are accustomed to finding open beer and alcohol bottles when they pull over a driver because they suspect he/she is driving under the influence. But it’s not often that they can trace a driver’s erratic performance to almost-empty cans of whipped cream in a vehicle.

Police officers in Franklin, Tennessee, arrested 28-year-old Anna Thomas after she crashed her car into mailbox. That was after she had driven the same car into a ditch. The cops said Thomas was apparently high on aerosol gases from 13 whipped cream cans.

Thomas isn’t a stranger to officers—she has had 10 arrests, several for DUI and others for driving on a suspended license and violating probation.

Meanwhile, in Hurricane, Utah, a man tried to kick out the windows of a patrol car as an officer was transporting him to jail for a DUI. Prior to his arrest, Robert Paul Lemkuhl had let his car roll backwards and strike another vehicle; he then took off, driving erratically, and didn’t stop until cops pulled him over. They allegedly found an open container of alcohol in his vehicle.

During Lemkuhl’s trip to jail in a police car, he attempted to break out the vehicle’s windows. Concerned that Lemkuhl would try something else, the officer turned on the flashing lights on his patrol vehicle and the suspect got a fast ride to jail.

In addition to charges for DUI, Lemkuhl could face other charges stemming from the initial collision and from his behavior in the cop car.

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: June 3, 2015

Maybe This DUI Arrest Will Make a Good Play

by Michael Kraut

Although California sees more than its fair share of celebrities arrested for DUI in Los Angeles, the latest high-profile case actually took place in the Land of Enchantment. (That’s New Mexico, in case you’re not up on state nicknames).

Actor/playwright Sam Shepard had been out to dinner on Monday, May 25th, and he was attempting to drive home when a concerned security guard spotted him and called the cops. It seems that Shepard was driving erratically, trying to get his blue Toyota Tacoma moving out of a parking lot without releasing the emergency brake.

When the police caught up with Shepard, they found he had bloodshot eyes and smelled like alcohol. Although Shepard insisted he had only had two tequilas to drink, he allegedly didn’t do well on the field sobriety test. He also refused to take a breathalyzer test, which could result in him losing his license for a year if he’s convicted. Shepard spent the night in jail and the next day pleaded not guilty to a charge of aggravated DUI.

This isn’t Shepard’s first run-in with the law over drinking and driving. In 2009, Illinois cops picked him up for speeding and DUI driving. After pleading guilty in that case, he received a sentence of 24 months’ probation and 100 hours of community service.
Shepard won an Academy Award for Best Supporting Actor for his role as Chuck Yeager in the 1983 movie The Right Stuff. He also won a Pulitzer Prize for Drama in 1979 for his play Buried Child. Maybe he’ll find some dramatic inspiration—writing or acting–in his latest run-in with the law.

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: June 1, 2015

GPS Leads DUI Drivers Where They Didn’t Want to Go

by Michael Kraut

GPS is usually a pretty handy tool for people to have when they’re driving—especially if they’ve imbibed enough alcohol to get them arrested for a DUI in Los Angeles. It’s a lot easier to have a device calling out the directions than to read them on a map when your brain is a little fuzzy.

But there are times when GPS is less than helpful. Just ask Richard Schnee and Ardean Marie Smith about their experience in Upper Dublin, Pennsylvania.

Schnee, age 41, and Smith, age 44, are both out-of-towners who were trying to reach the Hilton Garden Inn in Fort Washington, Pennsylvania. Both were driving their own cars, with Schnee following Smith, who had supposedly programmed her GPS with the hotel address.

No one quite knows how Smith ended up leading Schnee to the Upper Dublin police station—and into an area that was restricted to cops only. The officers who challenged them soon realized that there was something more going on than an incorrect GSP route; they smelled alcohol on both drivers. Schnee and Smith failed the field sobriety test and ended up spending some time in the police station—charged with DUI—instead of at the hotel.

Upper Dublin police officers said they didn’t know why the pair had ended up at their station, but they were glad that it was so easy to get the pair of them off the road. One cop tweeted a photo with the caption: “GSP tells two DUI suspects to drive to police sally port. Same GPS tells @Upperdublinpd to lock them up. #OneSmartGPS!”

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.

Published on: May 29, 2015

Lawyers Face Disbarment for Setting up DUI Arrest

by Michael Kraut

Three lawyers apparently thought that they could win some favor with a jury by arranging a DUI arrest for the attorney opposing them. It’s unlikely that any recent case of DUI in Los Angeles has as convoluted a back tale as this one.

It all goes back to 2012-2013, when Todd “MJ Kelli” Schnitt, a conservative radio talk show host in Tampa, Florida, sued a rival from another station. Schnitt’s lawsuit alleged that Bubba the Love Sponge Clem (that really is the name he uses) had defamed Schnitt and his wife Michelle during several radio shows. (For example, he called Michelle a whore at one point.) A jury eventually found in Clem’s favor.

But even as the trial was going on, there was another drama taking place behind the scenes. Robert Adams, Stephen Diaco, and Adam Filthaut, the attorneys representing Clem, apparently arranged for their legal secretary, Melissa Personius, to flirt with Schnitt’s attorney, Phil Campbell, in a bar. Her job was to keep Campbell drinking and then get him behind the wheel of a car so a waiting cop could pick him up for DUI. Campbell could have walked home, but Personius asked him to take her home, claiming she was too drunk to drive.

Personius denied that her bosses had put her up to the scheme, but her ex-husband claimed that she had told him she would get a big bonus for her part in the scheme. (Her ex also videotaped her telling that story.)

Clem’s three attorneys, who have denied the charges, now face a disbarment trial for their role in the DUI setup. Meanwhile, prosecutors have dismissed the DUI charges against Phil Campbell.

Designing and executing an effective defense against DUI charges (even simple ones) is not intuitive. Fortunately, you can trust the seasoned, highly successful Michael Kraut. Call a DUI lawyer in Los Angeles with nearly two decades of experience.

Published on: May 27, 2015

Woman Thanks Cop for DUI Arrest

by Michael Kraut

There are many things that people picked up for a DUI in Los Angeles would probably like to say to the officers who arrested them. “Thank you” is usually not one of them. But one California woman had a different reaction. Six months after her arrest, Mariya Fair returned to the police station to express her gratitude to the cop who had previously charged her with DUI.

Officer Wayne Blessinger of the Fontana Police Department arrived at an accident scene on New Year’s Eve 2014. Fair, 36, had gone through a light and had crashed into two other vehicles. Fortunately, she didn’t injure anyone, but Blessinger arrested her for DUI and took her to jail.

According to Los Angeles’ ABC 7 Eyewitness News, Fair said that Officer Blessinger looked at the needle tracks in her arms and told her, “You know you’re so young. I don’t know what’s going on in your life, but you need to get yourself in order, you need to get your life in order.” Blessinger said he didn’t think he was getting through, but his words made a big impression on Fair. She had attempted suicide earlier in the month and was already planning another try when the cop spoke to her. After her arrest she turned her life around.

Fair, who is the mother of two, said Officer Blessinger was the first person to really notice her and to express concern. So the day after Mother’s Day she returned to the police station to thank Blessinger. It was a real surprise to Blessinger, who said he never expected to be thanked for arresting someone.

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.

Published on: May 25, 2015

Cop Faces Higher Penalties under Michigan’s “Super Drunk” Law

by Michael Kraut

A blood alcohol content reading of .08 or higher is enough to get you charged with a DUI in Los Angeles. You face the same penalties whether or not your BAC is .09 or .16.

But that’s not the case in Michigan. The Great Lake State has what’s commonly referred to as the “super-drunk” law that applies to DUI arrests. Anyone who’s driving with a BAC of .17 or higher may face more severe consequences if arrested, even if it’s a first-time offense. One off-duty Michigan cop is discovering just how seriously the state takes such incidents.

Jamie Dubay, 39, is a 14-year veteran of the Sterling Heights Police Department. It was 1:30 in the morning of April 22 and Dubay was off duty when his 2012 Dodge Ram pickup truck left the road, hit several sections of a privacy fence and then ended up against a tree. An ambulance transported Dubay to the hospital, which admitted him for non-life threatening injuries.

The Macomb County Sheriff’s office, which took over investigation of the case from the Sterling Heights Police Department, charged Dubay with operating a vehicle with a high blood alcohol content. Although this is a misdemeanor charge, Dubay could face higher penalties than because his BAC was .27–more than three times the legal limit.

Of course, those are not the only consequences that Dubay may suffer. The Sterling Heights Police Department has suspended him, and he faces an internal investigation to determine how/if he has violated department policies and discipline.
Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

Published on: May 18, 2015

DUI Defendant Drives to Liquor Store during Court Recess

by Michael Kraut

Most people accused of a DUI in Los Angeles would make a point of making a good impression when their cases comes up for trial. That would include, of course, coming to court sober. Ignore that basic rule, and you could find yourself in even more trouble.

Just ask Patricia Rotter. According to ABC 7 in Denver, Rotter came to court for her DUI trial noticeably under the influence—and then ducked out during recess to drive to the liquor store. But her unsteady trip to buy booze did not go unnoticed. A sharp-eyed, off-duty deputy observed Rotter’s condition in court and then spotted her again when she was behind the wheel of her blue Toyota sedan. She was swerving all over the road.

The deputy called in the local cops, who followed Rotter and watched her narrowly avoid hitting a curb. She was also going 56 mph in a 36 mph traffic zone. The officers flashed their lights and eventually got Rotter to pull over. Although she refused to take a blood alcohol or breathalyzer test, she did take a field sobriety test. Not too surprisingly, she didn’t pass.

It’s doubtful that Rotter made it back to the courtroom in time for her trial, since she was down at the police station. The police booked her this time for DUI, speeding, unsafe lane change and failure to yield. Rotter had previous DUI arrests in both 2013 and 2014. Maybe when she goes on trial for these newest charges, she’ll remember to show up sober.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.