DUI Category Archives — Page 18 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: May 13, 2015

Cops Get Volunteers Drunk for Field Sobriety Tests

Ever wonder how much training a police officer gets before administering a field sobriety test to a driver suspected of DUI in Los Angeles? Are they really qualified to make a judgement about whether or not someone is really impaired? How much experience do they have in determining who is under the influence and who is not?

In Cumberland County, Pennsylvania, the District Attorney’s office sponsored a special DUI detection class for area officers. According to The Sentinel newspaper, the DA asked for civilian volunteers willing to get a little drunk to make sure that the cops got some real, hands-on experience. (The class organizers monitored the test subjects closely to make sure the volunteers’ alcohol consumption didn’t get out of control.)

After spending some time in regular classroom work, the cops in the training session had the opportunity to take a close look at the drinking volunteers’ eyes, to watch them walk and turn and stand on one leg. Officers who took the class said that they realized that they had been missing some of the cues that intoxicated drivers provide about their condition when they take a field sobriety test. In some cases, they let people drive off who probably should not have been driving.

The volunteers who agreed to drink on cue discovered something as well. They found that after a few drinks, their level of impairment was greater than they realized. Some said that the amount that they normally drink would actually make them too impaired to drive.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

Published on: May 11, 2015

Tweeting DUI Drivers Cause Fatal Accidents in Florida

by Michael Kraut

There are a few things that drivers should never do before or during their time behind the wheel. One is imbibing to excess; others include tweeting or texting while they’re on the road. (Anyone charged with a DUI in Los Angeles could suffer some additional legal problems if they’re also texting at the same time.) In the last few years, two women in Florida learned there can be deadly consequences from this behavior.

Kayla Maria Mendoza, 22, will be spending 24 years in jail as a result of a 2013 head-on collision in which she killed two young women, Kaitlyn Ferrante and Marisa Catronio. Shortly after tweeting “2 drunk 2 care,” Mendoza headed her Hyundai Sonata the wrong way on the Sawgrass Expressway in Coral Springs, eventually slamming into the Toyota Camry driven by Ferrante.

Mendoza, whose blood alcohol level was twice the legal limit, had been drinking two large margaritas before she got behind the wheel. She was also drinking illegally, being under 21 at the time.

Earlier that year, in August 2013, 22-year-old Mila Dago, drowning her sorrows after breaking up with her boyfriend, ran a red light in Miami and crashed into a truck. The collision killed Dago’s friend and passenger, Irina Reinoso. A police investigation revealed that shortly before the accident, Dago had texted her former boyfriend with messages such as “Driving drunk woo… I’ll be dead thanks to you.”

Like Mendoza, Dago’s blood alcohol content was twice the legal limit. Dago is facing charges of DUI manslaughter, vehicular homicide and DUI with damage to a person.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.

Published on: May 8, 2015

Case Dismissed: DUI Charges Thrown Out of Court

by Michael Kraut

Anyone charged with a Los Angeles DUI hopes that the charges get thrown out of court and that they’ll go free without any repercussions to their jobs and their lives. That doesn’t happen as often as defendants would desire, but here are two cases from other states that demonstrate that DUI defendants sometimes do have their wishes come true.

According to the WRBC 3 TV in Chattanooga, Tennessee, a judge dismissed DUI charges against a local man whose blood tests revealed that he had no alcohol and no drugs in his system. Steven Harris said he explained to an officer that cancer treatments when he was a young child had affected his balance, which was why had difficulty passing a field sobriety test. Harris agreed to blood tests, but when the first results came back negative the state chose to conduct further tests. When those tests showed that Harris was clean, a judge finally threw out the charges against him.

Harris said he had missed several job opportunities because of the false DUI charge against him.

Meanwhile, in Florida, state officials dismissed charges against Florida State cornerback P. J. Williams, anticipated to be a top pick in the NFL draft. The Florida state’s attorney’s office decided not to pursue charges against Williams for an incident that had occurred on the night of April 3rd. Prosecutor said that the video of the arrest didn’t corroborate the arresting officer’s story, since the angle of the camera blocked the views of the field sobriety test.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.

Published on: May 6, 2015

No Alcohol Sales to DUI Drivers?

by Michael Kraut

How much is too much when it comes to punishing drivers caught driving under the influence? People who have lost family members or suffered serious injuries in a Los Angeles DUI would probably argue that the current laws don’t do enough to discourage driving under the influence. But people who have lost their licenses or their jobs because of a DUI offense would probably say they were punished too severely.

A lawmaker in Oklahoma wants to add another penalty for anyone convicted of the offense in his state. He’s introducing a bill that allows a judge to ban DUI drivers from buying or consuming alcohol for a set period of time.

According to the Washington Times, State Senator Patrick Anderson wants convicted DUI drivers to carry a special identification card that would alert alcohol sellers like bartenders and liquor store clerks to the restriction. Any seller that didn’t comply could face fines up to $1,000 and up to a year in prison.

Anderson said he modeled his bill on Alaska’s current law, which permits judges to restrict convicted DUI drivers from alcohol purchases. These drivers must carry a license marked with a “J” and carrying the words “Alcohol Restricted.”

In New Mexico, State Rep. Brian Egolf has introduced a similar bill for the second time. It would ban the sale of alcohol to anyone required to use an ignition interlock system after a DUI conviction.

Meanwhile, in Tennessee, the state Senate defeated a proposed bill to ban alcohol sales to people who have had more than three or four DUI convictions.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

Published on: May 4, 2015

Driver Could Spend Half Century in Jail after DUI Conviction

by Michael Kraut

When someone’s convicted of a DUI in Los Angeles for the third or fourth time, the penalties can be steep and include up to 16 months in state prison. If a death resulted from that DUI, the punishment for the offender can rise to five years in jail.

But California’s DUI punishments are very light compared to those imposed by a Pennsylvania judge on a man convicted of DUI in his courtroom. Thomas Gallagher Jr., age 29, will be spending 20-50 years in prison after killing 18-year old Meredith Demko in an accident last July. The crash also injured one of the two passengers in Demo’s car, although the injuries were not life-threatening.

Gallagher was speeding and weaving through traffic on the afternoon of July 8th when he rammed his Volkswagen Jetta into Demko’s Toyota Prius. At the time of the accident, Gallagher was driving on a suspended license due to a previous DUI conviction. His blood alcohol content was measured at .26—nearly triple the legal limit—and he admitted consuming vodka before he took to the road. Just in case that didn’t impair his driving skills sufficiently, Gallagher was using heroin at the time as well.

The sentence of 20 to 50 years in jail was the result of a deal with the Lancaster County District Attorney’s office. Gallagher pleaded guilty to third-degree murder, DUI and related counts in return for a prison sentence that the local press is calling the longest ever ordered in the county for a DUI fatality.

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.

Published on: April 30, 2015

“Smiley Face” Driver Faces Extended Jail Time

by Michael Kraut

Getting pulled over for a DUI in Los Angeles is nothing to smile about. Neither is causing an accident in which someone is killed. Twenty-five-year-old Michael J. Vanwanger of Coons Rapid, Minnesota, who posted a smiley face on Facebook after his involvement in a fatal accident, may spend some of his time behind bars regretting his lighthearted comment.

Vanwanger had already sideswiped another car when he plowed into a vehicle driven by 16-year-old Jason McCarthy of Brooklyn Center last summer. Cross-country runner and guitarist McCarthy was waiting in a left turn lane when Vanwanger’s car, speeding at 62 miles per hour, smashed into him from behind. The teen lingered a week in the hospital before succumbing to his injuries.
Police at the scene said that Vanwanger, who was slightly injured in the accident, smelled of alcohol. They conducted a blood alcohol content test after taking him to the hospital.

According to the Star Tribune, Vanwanger made a very bad situation even worse by posting the day after the accident a photo of his wrecked car on Facebook with the caption “That’s her front end after I got done with her lol.” It was followed by a smiley face. Another post said that he was “all good” after sleeping a day in the hospital.

At the time of the accident, Vanwagner was driving on a suspended license and was on probation after a conviction for making terroristic threats.

Vanwanger said that when he made the comments he didn’t realize that anyone was hurt. He eventually pled guilty to felony criminal vehicular homicide. A county judge recently sentenced him to nine years in prison, considerably more time than the six and a half years called for under state sentencing guidelines.

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: April 29, 2015

Are DUI Drivers a Threat to the Power Grid?

by Michael Kraut

Most drivers arrested for a Los Angeles DUI prefer keeping the legal proceedings quiet to avoid possible employment and social repercussions. But when an alleged DUI driver hits a utility pole, knocking out power to hundreds or thousands of people, it can be harder to keep the arrest under wrap.

At least some of Avista Utilities’ customers in North Spokane, Washington, have probably heard the name Hailey Barker in conjunction with DUI. The 20-year-old driver hit a telephone pole around 7:45 p.m. on Sunday, April 19th. More than 300 customers lost their power, some for a few hours and some for almost 10 hours. Fans of country music, who missed out on the 50th anniversary broadcast of the Country Music Awards, were probably not displeased to learn that police arrested Barker on suspicion of DUI and impounded her car.

Across the country, in Burlington, Vermont, John D. Callahan went up against not one utility pole but two on earlier that same day. Police found the 24-year-old man in his car, surrounded by downed wires, at a pole on Hinesburg Road around 3 a.m. Callahan’s roadside breath test registered 0.176 blood alcohol content, but the driver refused to take an evidentiary blood test during processing on a DUI charge. Green Mountain Power responded to the accident scene to restore power.

Finally, in Omaha, Nebraska, 29-year-old Darrell McElderry led police on a high-speed chase before hitting a street light and sending electrical wires onto 13th Street. Police arrested him early Sunday morning for a third-offense DUI, driving on a suspended/revoked license and driving the wrong way on a public road.

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

Published on: April 27, 2015

Boxer’s DUI Arrest Filmed on Police Dash Cam

by Michael Kraut

It wasn’t long ago that a celebrity arrested for a DUI in Los Angeles might loudly proclaim his or her innocence. Fans might read about the officer’s report and/or the results of a blood alcohol test, but they were likely to give the celebrity the benefit of the doubt, because they hadn’t seen for themselves what had happened during the arrest.

Now fast forward to the age of police dash cams and people recording video on their mobile devices. It’s become a lot harder for celebrities to assert that they weren’t driving under the influence when a recording of the incident becomes the latest online video hit.

Just ask American professional boxer Adrien Broner. On January 11th, police in Sharonville, Ohio, arrested him on an a charge of OVI (operating a vehicle under the influence). Broner was driving a 2014 white Mercedes Benz when an officer noticed him driving down the middle of two lanes and traveling 50 miles per hour in a 25 miles per hour zone. She pulled him over, and her dash cam recorded the events.

According to TMZ Sports, which obtained a copy of the video, Broner can be heard slurring his words during their initial conversation. He at first refused to get out of his car, and couldn’t pass the field sobriety test. But Broner is mostly polite during the proceedings, at one point telling the cop, “I love you.” He also informs the officer that he’s blessed because he’s made more than $100 million dollars during his career.

That’s good, because Broner may have to pay a driver for a while. He refused to take a breathalyzer test, which could mean he loses his license for a year. The boxer has pleaded not guilty to the OVI charge and asked for a jury trial.

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: April 22, 2015

Driver Charged in DUI Death Picked Up Three Years Later

by Michael Kraut

Motorists arrested on a charge of DUI in Los Angeles know that they’ll have to pay the price in fines, loss of license or even jail time. When a court convicts a motorist of causing a death while driving under the influence, the penalties will be much worse. Sometimes the accused driver decides not to stick around to see what’s going to happen. But the police may nab him somewhere down the road.

It took almost six years for officers to catch up with Ramiro Alcantar, formerly of Joliet, Illinois. In 2009 Alcantar drove his Dodge Ram van into the oncoming lane of traffic, hitting motorcyclist Caesar Vallejo, who died of his injuries a few weeks later. The investigating cops found a half-empty can of beer in Alcantar’s van; he smelled of alcohol and failed the initial DUI testing. Turns out he was also uninsured.

The cops threw the book at Alcantar, charging him with DUI/alcohol, DUI/drugs and DUI/combination alcohol and drugs. But after a relative posted $5,000 bail, Alcantar fled the area, supposedly seeking refuge in Mexico.

If Alcantar did leave the country at that time, he eventually returned. Police picked him up in Springdale, Arkansas on February 18, 2015. He’s now back in Illinois, where he had a formal arraignment on the 2009 charges. He’s unlikely to get bail this time around, however.

If a court convicts Alcantar of aggravated DUI, which is a felony, he could be looking at three to seven years in prison.

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: April 20, 2015

Wild Ride for Seniors with DUI Driver at the Wheel

by Michael Kraut

Although it’s tough to admit you’re too old to drive safely, responsible seniors know when it’s time to give up their licenses for the sake of the other motorists who are sharing the road. Medicines, both prescription and non-prescription, can be a problem for older Americans. Those medicines may impair their motor skills and lead to charges like a Los Angeles DUI--even when they haven’t had a drop of alcohol. It just becomes easier to leave the driving to other folks.

It’s somewhat ironic, therefore, that a busload of day trippers from the Snohomish Senior Center in Washington State had the misfortune of having 45-year old Gilbert Maier behind the wheel of their van. Any one of them would have probably done a better job at driving.

The 11 seniors were passengers on a van traveling to the Skagit Valley Tulip Festival in Mount Vernon, Washington. Maier was the driver, but it soon became clear to the terrified travelers that the senior center could have done without this volunteer. Even before he got to the Interstate, Maier ran two stop signs and hit curbs, apparently talking on the phone as he was driving. He even swerved briefly into the wrong lane.

The passengers eventually spotted a state trooper over by the side of the road and demanded that Maier stop. He almost hit the cop as he complied.

Police officers took him off to jail, where they determined that a combination of prescription drugs–antidepressants and pain killers–contributed to Maier’s erratic driving. They charged him with DUI.

This was Maier’s second arrest for DUI. The Snomish Senior Center did run a required background check before letting him drive the van, but an earlier charge in 2014 didn’t show up on Maier’s driving record because it was a misdemeanor.

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.