DUI Category Archives — Page 19 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: April 15, 2015

Walk on San Diego Freeway Leads to Woman’s DUI Arrest

Cops in the City of Angels could probably tell many tales about unusual incidents that involve cases of DUI in Los Angeles. But their peers in San Diego also have some interesting tales that they could add to the mix.

A photographer with KTLA Channel 5 in San Diego happened to be on the scene when an unidentified young woman stalled her car on the 15 Freeway during the early morning hours of April 9th. He recorded events as the young woman got out of the car and ran across traffic lanes to the news station’s van. She asked for jumper cables and assistance in getting her vehicle started. Meanwhile, cars on the freeway had to swerve to avoid hitting the stopped car.

Although two other motorists pulled over to help, the woman made her way back to her own car and sat in it despite the danger posed by other vehicles traveling along the road. One Good Samaritan even tried to help out by directing traffic away from the car, but had to stop when was almost hit himself. As heard in the audio portion of the video, the photojournalist knocked on the car’s window repeatedly and urged the woman to get out of the car so she wouldn’t get hurt.

Fortunately, the California Highway Patrol arrived on the scene before other vehicles struck the woman, her car or any of her would-be helpers. They charged the stranded stroller with driving under the influence.

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 13, 2015

DUI Driver Strikes Florida Girl Sitting in Road

by Michael Kraut

Young people are particularly prone to making stupid decisions that can have long-lasting consequences. Sometimes two poor decisions combined can result in a tragedy. It happens way too often with Los Angeles DUI arrests, and it happens all over the country as well.

No one will ever know for sure just why 13-year old Trinity Bachman decided to sit in the middle of a road in Apopka, Florida, on February 28th. The teen had argued with her mother and her sister about who was going to sit in the front seat of their vehicle. According to the Orlando Sentinel, the fight ended with Trinity refusing to get into the car. She took off, saying she was going to walk home.

After spending some time searching from Trinity, her mom finally found her sitting in the middle North Christiana Avenue near Oak Street in Apopka, Florida. Fearing for her daughter’s safety, her mom, Janice Pedroza, stopped her own vehicle, put on the flashing lights and tried to get Trinity back into the car.

That’s when the second dumb decision converged with the first. Mackenzi Sue-Rose Miller, a 21-year old, apparently decided to drive her Nissan Sentra even though she had too much to drink. She traveled down North Christina Avenue at just the wrong moment.

Although Pedroza tried to signal Miller to keep away, the young woman hit Trinity’s mom first and then Trinity. Pedroza survived, but doctors declared Trinity dead about 20 minutes after the crash occurred.

Police charged Miller with DUI and DUI/personal injury after tests showed her blood alcohol level was 0.114–well above Florida’s 0.08 limit.

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: April 8, 2015

No Favoritism on DUI Charge for NFL Draft Pick Favorite

by Michael Kraut

A college football player may soon learn what many Hollywood and sports stars already know after being charged with a DUI in Los Angeles: being a celebrity doesn’t always gain you special treatment.

Florida State University cornerback P.J. Williams has garnered some impressive stats on the football field. In 2014 he earned distinction as a member of the All-ACC First Team and the USA Today All-America Second Team. Sportswriters considered him a top pick for the NFL pro draft this spring.

But Williams may have jeopardized his chances with an unwelcome addition to his off-the-field record. Florida State University police picked him up on April 3rd at 3:30 a.m. and charged him with driving under the influence. TMZ reports that Williams made an illegal left turn onto Dewey Street and drifted over the lane divider several times. When police questioned Williams, they discovered that he was using a rental SUV—and was driving it on a suspended license.

Apparently hoping for a break, Williams reportedly told police he had played football for FSU, and that he just wanted to go home. But officers weren’t impressed. Williams then refused to take either a Breathalyzer test or a field sobriety test. At that point, the officers took him to jail, charging him with DUI.

Williams may have had good reason to expect the cops to take it easy on him. A report in the New York Times last year said that in October 2014, Williams drove his car into the path of another vehicle and fled the scene. Tallahassee police originally called it a hit and run—which would have meant criminal charges—but the police apparently changed their minds and Williams got off with two traffic tickets instead.

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 6, 2015

Strange DUI Arrests Over Holiday Weekend

by Michael Kraut

It’s not unusual–in fact it’s typical–to hear reports of unusual arrests for DUI in Los Angeles and in other cities at holiday times. But these two cases make you wonder if there was something strange in the jelly beans this year.

ABC Action News in Tampa, Florida, reported that police arrested John Vu Lam for DUI early Easter morning. The 21-year old man was driving the wrong way on Armenia Avenue when a Florida Highway Patrol Trooper spotted him.

That wasn’t Lam’s only problem, however. He handed the officer a paper license in someone else’s name, only he couldn’t tell them that person’s birth date. (Lam actually had his own driver’s license, but the state had suspended it.) Lam’s blood alcohol content came in under the legal limit, and he refused a urine test, but officers arrested him anyway because of his glassy eyes and slurred speech. That was enough under Florida law–and under the laws of all states–to allow troopers to charge him with driving on a suspended license and giving a fake name to law enforcement officers.

Meanwhile, up north in Norwalk, Connecticut, a man picked up for DUI asked officers to cut him a break and give him a ride home. This was after 34-year-old George Atavia sped away from officers attempting to stop him, ran three red lights and crossed over into oncoming traffic. When officers finally brought Atavia to a halt, he apparently informed them that he had already had two DUI arrests.

Once police took Atvia to the station, he asked for a Miranda rights form in Spanish and then in German, apparently to slow down the charging process. It didn’t work; police booked him for driving under the influence and other related charges.

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: March 27, 2015

Driver Runs Out of Luck in St. Patrick’s Day DUI Arrest

by Michael Kraut

The LAPD may have cracked down on motorists who were partying a little too freely on March 17th, but there were no Los Angeles DUI arrests that were quite as news-making as the chase near Annapolis, Maryland. It involved three other cars, a vehicle fire and a police helicopter.

According to the Annapolis Patch, police officers spotted Marvis Montrell Pollock’s 2008 Honda Accord as it was approaching the DUI checkpoint they had set up to catch people celebrating the holiday with too many drinks. After almost hitting the checkpoint, Pollock swerved onto a nearby highway, quickly pursued by a marked police car. When the officers caught up, Pollock took off again, leading them on a 15-minute chase through an area that included a community college. To avoid causing injuries in a high-speed chase, the police cars eventually dropped back, letting a police helicopter follow the car from overhead.

Pollock didn’t come to a stop, however, until he smashed into three cars waiting at a red light near the U.S. Naval Academy’s football stadium. It was then that his Accord burst into flames.

To top it off, the 34-year-old Pollock didn’t even have a driver’s license.

Unlike some people who have overindulged during the holiday, Pollock should have little trouble remembering the events of this St. Patrick’s Day. He’ll have an arrest record to remember it by. Police have filed multiple charges against him, including driving under the influence (of drugs, not alcohol); four counts of assault (since there were a total of four people in the cars he hit); and fleeing from police.

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: March 25, 2015

District Attorney Criticizes Colorado Law After Denver Man Racks Up 16 DUI Convictions

by Michael Kraut

Late last year, a grand jury in Arapahoe County, Colorado, indicted Denny Lovem on several charges related to a DUI incident. That kind of judicial action wouldn’t normally attract a great deal of attention unless the accused was a politician or a celebrity, but this story received extensive coverage in the state. The reason for Lovem’s notoriety? The 57-year-old has been arrested 20 times on DUI charges but has never been faced felony charges because of the provisions of Colorado’s DUI law. (It’s not like that in California, where anyone arrested for a DUI in Los Angeles or elsewhere in the state could face be looking at felony charges if the DUI incident results in someone’s death or injury.)

A local district attorney in Colorado, George Brauchler, expressed his frustration with the Colorado statutes, which don’t allow judges to sentence repeat DUI offenders to more than a year in jail. So Brauchler sought more prison time for Lovem in a different way. He asked the grand jury to indict Lovem on nine charges, including attempted first degree assault and attempted manslaughter.

Lovem was first charged with driving under the influence in 1983. In the latest incident, the habitual offender allegedly hit a car and then drove off without stopping. When police caught up with him, he admitted that he probably shouldn’t have been driving.
The attention surrounding Lovem’s arrest may have helped accomplish what frustrated prosecutors like Brauchler have been unable to do. A bill making some third DUI offenses and all fourth DUI offenses a felony is currently making its way through the Colorado House of Representatives. Anyone convicted could face up to seven years in prison. The bill appears to have a greater chance of success thanks to testimony presented to a legislative committee by families of DUI victims.

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: March 23, 2015

9 Poor Excuses for Having an Interlock Ignition Device

by Michael Kraut

Drivers found guilty of a Los Angeles DUI offense may have to get an interlock ignition device (ILL) installed in their vehicles. While the equipment will prevent them from driving under the influence, having this device wired into their cars can be embarrassing not only for the driver but also for family members, when they have to explain it to their friends, their dates or even their bosses.

So what can these drivers tell their passengers? The Minnesota Department of Public Safety has produced two tongue-in-cheek videos featuring a man who comes up with some pretty creative and unusual excuses for why he is breathing into the device:

• “This raises the antenna.”
• “It helps blow up the tires.”
• “It’s satellite radio–a new one. No one knows the brand.”
• “Recycling oxygen–you know, for the environment.”
• “It’s a secret spy device.”
• “It’s my herbal medicine delivery device.”
• “It’s a lip balm.”
• “It’s an old-fashioned cell phone.”
• “My mom made it for me–a homemade CB radio.”

Of course, there really isn’t anything amusing about having to put an interlock ignition device into a vehicle. For one thing, they’re expensive, costing from $75 to $150 for installation and $60 to $80 a month to operate and calibrate.
People charged with DUI who live in Alameda, Los Angeles, Sacramento and Tulare Counties know this first hand, because under a pilot state program they must install ILLs if they’re convicted of the offense. But drivers in other Golden State counties may not be off the hook for long. California State Senator Jerry Hill is working with Mothers Against Drunk Driving and law enforcement officials on a bill that would extend that requirement statewide.

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: March 20, 2015

Could Dedicated Officers Be Hired to Look for Motorists DUI in Los Angeles?

by Michael Kraut

Brookhaven, Mississippi, may not be a trendsetter in many areas, but when it comes to enforcing laws against DUI drivers, the town is taking an unusual step—hiring a police officer whose main responsibility will be traffic and DUI enforcement. If other jurisdictions throughout the country copy that action, more Californians could end up requiring the services of a Los Angeles DUI attorney.

An article on DailyLeader.com, which serves southwest Mississippi, reports that the Brookhaven Police Department is hoping for state aid—specifically a grant from the Mississippi Office of Public Safety—to fund the new position. The BPD Commander, David Johnson, said the department was concerned because of the increasing number of DUI fatalities in the area. The BPD made 28 arrests for DUI in all of 2014, and so far in 2015 it has flagged five motorists for DUI.

There have also been 172 traffic accidents this year.

Other police departments are using special training to boost the number of DUI arrests in their jurisdictions. In Windmere, Florida, a wealthy suburb of Orlando, the police department increased the number of people charged with DUI by almost 500 percent in 2014. They collared 59 DUI drivers that year, compared to only 10 in 2013.

According to the Orlando Sentinel, Windmere Police Chief David Ogden instituted new training for police officers on DUI protocols. The officers have learned how to follow procedures that help establish probable cause for such arrests. The department has also hosted the National Highway Safety Administration’s three-day course on DUI enforcement.

Officers aren’t the only ones getting specialized training. In Riverside County, California, a specially-trained DUI Vertical Prosecution Team handles such cases from arrest through prosecution. This program, funded by grants from the California Office of Traffic Safety, underscores the importance of having specially trained and experienced attorneys representing defendants in DUI cases.

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: March 18, 2015

Arrests for Drunk Driving at Border Less Likely Than Los Angeles DUI

by Michael Kraut

Are people in the U.S. without proper documentation getting a pass when it comes to getting picked up on DUI charges? Judicial Watch, a political watchdog group, claims that directives from the U.S. government encourage officials to look the other way when it comes to arresting illegals suspected of DUI along the U.S. and Mexican border. (Too bad such protections aren’t offered to southern Californians, who usually need to hire a Los Angeles DUI attorney if they’re suspected of driving under the influence.)

An article in the online Examiner quoted sections of memos to Border Patrol agents from the Department of Homeland Security. One sentence reads, “There is no legal requirement for a Border Patrol agent to intervene in a state crime, including DUI.” Another reads, “There is no duty to detain the alcohol-impaired individual, but if you do this option can raise potential liability for the agent or the agency.”

Border patrol agents could be forgiven for thinking they were getting mixed messages; in the same memo, DHS said that agents should cooperate with local and state officials if those agencies notify them they need help with a violation of state law. Apparently, however, federal agents are not supposed to act on their own in such circumstances, even if they observe someone breaking the law.

This position seems particularly unfair when you consider the penalties that California drivers convicted of DUI can face. A first-time offender may be looking at fines and penalties of up to $1,000, four days to six months in jail and up to 10 months license suspension. Second-time offenders may have to serve up to a year in jail, pay up to $1,800 in fines and lose their license for two years.

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: March 16, 2015

Stories Even Stranger than Los Angeles DUI Cases

by Michael Kraut

The cases handled by a Los Angeles DUI attorney can be unusual, but other areas of the country have their fair share of stories that make you think, “What could that driver have been thinking?” Here are a few recent examples:

• Maryland media reported in February on the arrest of a school bus driver for DUI. What made this story really unusual—and a little scary—is that the driver was driving erratically on the busy Baltimore Beltway, on her way to pick up children for a field trip to Washington D.C. Police pulled the driver over after receiving several frantic 911 calls from motorists who observed the bus swerving all over the road. Officers found four empty, full or partially full containers of alcohol and beer when they searched the bus.

• Where do Secret Service agents go when they’ve had a little too much to drink? The Washington Post reported in March that four senior agents, including one who helps guard the President, decided to head back to the White House after partying a little too much. Unfortunately for them, they ended up driving a government car into a security barricade at the President’s home. Fortunately for them, the security supervisor that night ordered subordinates to let them go without testing them for BAC.

• Then there was the Zamboni driver who was smoothing the rink at the Fargo, North Dakota, South Sports Arena for an ice hockey game between the Davies High School and Williston High School girls’ teams. The driver apparently had a difficult time keeping the machine in a straight line; after observing him at work, concerned spectators called police who arrested him for allegedly driving under the influence. The driver has pleaded not guilty, so it will be up to the courts to decide if a DUI charge applies when a vehicle is moving on ice.

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.