DUI Category Archives — Page 20 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: March 11, 2015

Los Angles DUI Attorney Couldn’t Have Helped First Driver Charged with DUI

While we see a fair number of Los Angeles DUI arrests today, the city doesn’t hold the distinction of being the home of the first-ever arrest for DUI driving.

That dubious honor goes to London, where a taxicab driver, George Smith, slammed his cab into a building back in 1897. Smith didn’t contest the charge, and when he pleaded guilty, police fined him 25 shillings. (It’s hard to get an equivalent in today’s U.S. dollars, but one online expert puts it at about $17.50.)

Depending on the source you believe, either New York or Massachusetts passed the first laws in the U.S. against driving under the influence, around 1910. But those laws did not actually define what constituted DUI driving. It took another 25 years – until 1938 — before a joint committee of the American Medical Association and the National Safety Council set that limit at 0.15% blood alcohol content. Those BAC limits have been dramatically reduced since that time.

Even as late as 1980, not all states had adopted laws banning DUI. In January 1985, Los Angeles Times reporter J. Michael Kennedy wrote that “drinking and driving is legal in 26 states, according to statistics provided by the National Safety Council. Drivers and passengers can drink as they roll down the road in Maine and Mississippi, Vermont and Wyoming, so long as they are not legally drunk.” He also cited Texas, Florida and Maryland as states that had no laws against driving while drinking.

Californian Cindy Lightner, who lost her daughter to a DUI driver, helped change that with the founding of Mothers against Drunk Driving (MADD) in the early 1980s. Since that time, the organization has successfully lobbied for tougher DUI laws throughout the U.S. Today, the Golden State has strict standards; even a first offender can get up to six months in jail, pay a hefty fine and lose his or her license for up to 10 months.

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: March 4, 2015

East Coast DUI Cases Leave 2 Facing Charges in Pennsylvania and Virginia

by Michael Kraut

The Los Angeles DUI community urges all those stopped by officers to cooperate and avoid doing dumb things that can make your case worse and add to your charges. Two DUI cases reported out of Scranton, PA and Charlottesville, VA highlight the dangers of driving under the influence. DUI cases involving college and professional sports players appear in the media almost every week. Unfortunately, the athletes’ high profiles mean everyone notices when they make mistakes.

In Scranton, Sean Singletary now faces charges for DUI after an arrest on March 1. Singletary has played basketball at UVA’s notable program as well as at the professional level. Officers pulled him over after noticing erratic driving patterns, and they arrested him after he refused to take a breathalyzer test. Any convictions could obviously affect Singletary’s future in basketball.

In Charlottesville, David Turano recently pled guilty to a 2014 DUI accident that killed a 12-year-old boy. Turano plead guilty to charges of motor vehicle homicide, aggravated assault, and DUI. Turano crashed into Leonard Zupon’s car during Labor Day Weekend 2014. Zupon’s son, Lenny Jr., died from the injuries. Turano fled the scene, but police ultimately found and arrested him. Zupon is still recovering from accident related injuries. Turano faces 5-12 years in prison for his actions.

Alcohol or drugs in the driver’s system can fuel reckless driving. The legal repercussions of a DUI incident or accident can be profound in and of themselves. But punishments can get much worse when drivers flee from the scene. The case in Charlottesville illustrates the importance of remaining at the scene of an accident, even if you fear the consequences.

These two DUI cases rhyme in many ways. Both feature instances of erratic or reckless driving fueled (allegedly in Singletary’s case) by alcohol. However, in one case, the driver hit a vehicle, causing the death of a child. If you face charges for an unintentional death, get in touch with a qualified Los Angles DUI defense attorney to protect your rights and legal options.

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 experienced Los Angeles DUI attorney with many relevant connections in the local legal community.

Published on: March 2, 2015

Florida Circuit Judge Convicted of DUI, Suspended From Job

by Michael Kraut

Our Los Angeles DUI attorneys often strive to remind the general public that no individual receives special treatment for DUI. Cynthia Imperato, a 57 year old Florida circuit judge, now faces suspension, a $5,000 fine, and a satisfactory alcohol evaluation before she can resume her role on the bench.

Law enforcement arrested Imperato in November 2013 for DUI and reckless driving in Boca Raton. She allegedly refused both the breathalyzer and field sobriety tests. In December, she received 2 convictions for charges of DUI and reckless driving. The courts sentenced her to almost a month of house arrest and a year of probation.

Imperato also faced a DUI conviction 27 years ago. Early in March, the Judicial Qualifications Commission, which is responsible for assessing a judge’s misconduct, determined that the conviction did not affect Imperato’s role as a judge. She can return to her work after completing her sentence.

Judge Imperato accepts that her behavior on the night of the arrest was unethical. Some have perceived her mention of her role as a judge that night as an attempt to “obtain preferential treatment.” The judge admits that she should have been more compliant and should have submitted to a breathalyzer test.

Law enforcement officials, judges, and lawyers face the same penalties as the general public for driving under the influence. This case shows that the system can exact justice in an impartial way and proves that every citizen can face equal scrutiny under the law.

The story of Imperato’s arrest also illustrates how a person’s prior character and behavior can affect the outcome of a case. Her proven ability in the courtroom and reputation in the community both affected her sentencing. Everyone makes mistakes, but a DUI charge or conviction does not necessarily have to overshadow your life.

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: February 25, 2015

Bailout Scam Targets Families of “DUI Offenders”

by Michael Kraut

Attention family members of someone who’s been recently arrested for a Los Angeles DUI: avoid falling victim to the following horrendous type of scam.

A woman in Mechanicsburg, PA nearly lost $10,000 in a bailout scam that took place on February 18th. The alleged scammer called Ryan Gosnell’s aunt and told her that her nephew had been arrested for a DUI after taking cough syrup for a cold. A second caller, using the name of a real public defender, claimed he needed $10,000 to bail her nephew out of jail.

Gosnell’s aunt made multiple calls to her nephew, and she became alarmed when he did not answer. Gosnell was unable to reply because he was in a work meeting. After several tries, his aunt called Gosnell’s parents and alerted them. Luckily, his parents searched the name of the public defender and called the office. They quickly found out the bail request was a scam, and they did not wire the money.

How Bail Scammers Work

Bail scams prey on the vulnerability and clouded judgment of families who’ve been stunned by news that loved one has been arrested. The majority of the general population doesn’t know how the bail process works. A public defender would never ask a family member or friend to wire money over the phone. The bail bond process is heavily regulated, and bondsmen are not allowed to solicit their own services. Bail bondsmen do not make the first line of contact, and defendants are typically not in jail when the bond fees are collected.

Nothing stops scammers from contacting the families of actual DUI offenders, however. When someone is arrested for a DUI, the event creates significant psychological vulnerability for both the offender and that person’s family. Offenders typically spend a night or two in jail before officials set a trial date. Afterwards, they face penalties that can include further jail time, heavy fines, and suspended licenses, all of which can make increase feelings of disorientation and vulnerability.

If you’ve been arrested for a DUI, be aware of bail scams, and seek experienced counsel to respond to your charges. Call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

Published on: February 23, 2015

Attractive Mug Shots – When Good Looks Cause Trouble After DUI Arrests

by Michael Kraut

Nobody likes the way they look in a Los Angeles DUI mug shot – the lighting is awful, and the drab cement background isn’t flattering. You also have to deal with your picture creating negative connotations. It is understandable why you wouldn’t want your mug shot to be easily found by anyone, let alone prospective employers or dates.

But what if you’re so good looking that your mug shot photo attracts too much attention?

That’s exactly what 28-year-old Meagan Simmons is dealing with right now. Police arrested Simmons for a DUI in 2010. Her especially attractive mug shot quickly became an internet sensation and spawned multiple “attractive convict” memes. Background check website InstantCheckmate.com picked up on the trend and used her mug shot photo in several advertisements for its service.

Simmons is currently undergoing a litigation process with the website. She claims that InstantCheckmate.com used her picture for advertising purposes without permission. The advertisement slogan featured her picture and read “Sometimes the cute ones aren’t that innocent.” The nature of the advertisement — and its association with the alleged criminal conduct — have caused Simmons distress.

Model Arrested for DUI in Florida – Next “Attractive Convict” Meme?

Police arrested a professional model for an alleged DUI last Wednesday. Ralitsa Ivanova, 29, of St. Petersburg has been featured in Esquire and on the cover of Maxim. She was pulled over on US 41 at 3:45 a.m. for traveling in the wrong direction. Ivanova told officers she was texting while driving and kept getting lost. According to the sheriff’s report, she had trouble standing, and her breath smelled strongly of alcohol. Police released her around 1 p.m. the next day. Will her good looking mug shot inspire the next Attractive Convict meme?

Good looks don’t get you out of everything. If you’ve been arrested for a DUI and want to respond effectively to your charges, call a qualified Los Angeles DUI lawyer at the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

Published on: February 20, 2015

2 Sports Players Face Uncertain Futures in the Wake of Scary DUIs

by Michael Kraut

Los Angeles DUI attorneys continue to watch with dismay as ball players around the country are caught driving under the influence.

Nick Fairley of the Detroit Lions continues to battle a DUI charge in Mobile, Alabama. Law enforcement arrested Fairley in his hometown after pulling him over for speeding in excess of 100 mph with an open alcohol container. He rejected a plea deal in 2014, and he now faces jail time and fines if convicted.

According to The Detroit News, Fairley’s future as a contract player for the Lions remains uncertain. He did not receive the 5th year of his existing contract. Trustworthiness will likely play a part in whether he will remain part of the team in the future.

Meanwhile, Victor Robbins, a junior Oregon State basketball player, also faces an uncertain future as part of his team. He received a DUI related driving citation on February 11. The citation came close to the end of a previous 10-game suspension. His school extended the suspension indefinitely in the hopes that Robbins will regain his bearings before playing for the team.

Oregon State’s basketball coach issued a press release indicating the team’s support of Robbins as he works through “some issues.” The school plans to maintain all academic and financial support and hopes for his full recovery.

These cases both feature young, male ball players who were successful in their sport. The choice to (allegedly) drive under the influence has left them both with precarious futures. A successful outcome in Nick Fairley’s case may or may not impact the overall direction of his football career, but Victor Robbins could lose the chance to play for the rest of his college career. A Los Angeles DUI arrest, even without a conviction, can lead to long lasting, serious consequences.

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: February 16, 2015

Fliers Allow Passage Through DUI Checkpoints, But Are They Really Protecting the Innocent?

by Michael Kraut

Our Los Angeles DUI attorneys have been fascinated by a compelling story out of Florida. Warren Redlich, a DUI attorney in Boca Raton, started a trend that’s attracted crazy amounts of media attention. He provides fliers for individuals to use when they pull up to DUI checkpoints. Many videos on YouTube are proving that his method works. Drivers who present the necessary information drive beyond the checkpoints without the usual interrogation.

The signs read: “I remain silent. No searches. I want my lawyer.” State specific statutes regarding DUI laws follow those words. Drivers leave their car windows rolled up and display their fliers and necessary identification until police motion them forward in the line.

Redlich believes the method will prevent innocent individuals from being wrongly arrested. Police departments believe in the constitutionality of DUI checkpoints and procedures, citing a Supreme Court ruling from 1990. Redlich does not recommend using the flier technique in states other than Florida and New York without first consulting an attorney admitted in that state.

The controversial method highlights the tendency of people to form preconceived notions based on stereotypes of DUI lawyers and their clients. A common misconception holds that DUI lawyers work towards reducing sentencing and case dismissals at any cost. Similarly, people assume that an arrest indicates the presence of enough evidence for a conviction.

In reality, people only hear about extreme and high-profile cases. These depictions of the DUI space skew the public’s understanding of the process. DUI defense attorneys have a responsibility to protect the rights of every individual who faces charges. Their duty calls for impartiality to help clients present the most accurate and fair case in court.

Innocent individuals face public scrutiny from the moment of arrest. Local media reports only reflect the names and information from the police department. This information sometimes builds a case against individuals before the prosecution starts and carries on long after exoneration has been granted.

The uphill battle for the innocent makes the need for solutions like Redlich’s fliers understandable and justified. However, the Los Angeles DUI community does not recommend using fliers to gain passage through DUI checkpoints without consulting an attorney.

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 DUI attorney today to strategize for your defense seriously.

Published on: February 12, 2015

Steelers’ Running Back, Le’Veon Bell, Gets Probation and Rehabilitation in Marijuana DUI

by Michael Kraut

Los Angeles DUI laws are strict when it comes to driving under the influence of marijuana. More and more states, in fact, are struggling to define and enforce similar laws.

Case in point: in 2014, Ross Township, Pennsylvania, police pulled over Pittsburgh Steelers’ running back, Le’Veon Bell, and charged him with driving under the influence of marijuana. Authorities say they found 20 grams of marijuana in the vehicle. Le’Veon Bell – and others in the vehicle – claimed collective possession of the drug. Instead of a conviction, the state placed Bell in an alternative program with the potential to dismiss the charges.

Bell must successfully complete 15 months of probation, a 2-month license suspension, and an Accelerated Rehabilitative Disposition program. This agreement is available to first time offenders in Pennsylvania, and Bell must submit to a drug and alcohol evaluation, pay all court fees, and enroll in DUI driving school.

Former teammate LeGarrette Blount, riding in the passenger seat at the time of Bell’s traffic stop, accepted a plea bargain, which included 50 community service hours completed before a mandated deadline. The state already dropped Blount’s charges; however, Bell will face the full extent of the law if he fails to complete the terms set forth in the alternative sentencing program.

Alternative sentencing programs allow the state to drop charges and provide first-time offenders with a second chance. Many states have similar programs; however, alternative sentencing for first-time offenders is not an option in California under current law. First time offenders in California may face probation, license suspension, fines and court fees, a mandatory 48 hours in jail, and other penalties.

However, proving marijuana intoxication is difficult because, to do so, prosecutors must rely on blood and urine tests. Prosecuting attorneys are responsible for showing that a person drove under the influence of an illegal or prescription substance, and DUI defense attorneys understand how to pursue a case that takes all evidence into consideration.

Secure the services of a qualified Los Angeles DUI defense attorney to protect your rights. Contact Michael Kraut of the Kraut Criminal & DUI Lawyers to set up your free consultation.

Published on: February 10, 2015

DUI Victims and Survivors Successfully Advance Colorado Bill

by Michael Kraut

Los Angeles DUI attorneys are monitoring the progress of a Colorado bill proposing that three DUI convictions should be a felony instead of a misdemeanor. The testimony of victims and survivors proved powerful in the DUI legislation. The Colorado House unanimously approved the bill on Feb. 5, and now the House Finance Committee will review it.

A person arrested for and convicted of an aggravated DUI for the third time could face up to 7 years in prison under the new legislation. Aggravated DUI in Colorado may include incidents causing injury or death, Blood Alcohol Content (BAC) greater than 0.15%, or a hit and run.

Testimony of individuals closely related to DUI victims and survivors impacted the bill’s approval. Many statements indicated that outcomes might be different if the proposed laws existed at the time of the incidents.

For example, 33 years ago, an intoxicated driver killed Gail Oleson’s husband. Prior to the incident, the state previously convicted the driver four times for operating a vehicle under the influence of alcohol. Ms. Oleson noted that her husband might be alive if drivers like that were in prison instead of on the road.

This is the second time Colorado legislators have attempted to make repeat offenses a felony. If approved, the projected cost of the new law is $4-13.5 million per year. Previously, the monetary estimate prevented a similar bill from passing. Opponents believe that other practices are more effective at preventing repeat DUI offenses. They argue that rehabilitation and stricter DUI checkpoints/patrols would be cheaper than the new bill.

A felony charge, rather than a misdemeanor, may prove to be an effective deterrent, argue advocates, because the penalties and impact on a criminal record would be more severe. Many states find that alternative methods effectively reduce DUI rates, however. Ridesharing programs and pocket breathalyzers also help drinkers make informed decisions about driving.

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: February 6, 2015

An Analysis of Super Bowl and Los Angeles DUI Rates Halfway Through 2015’s “Drinking Season”

by Michael Kraut

Police erected Los Angeles DUI checkpoints around the city throughout Super Bowl weekend. Super Bowl Sunday is known for its high DUI rates, which are similar to the arrest rates for holidays such as St. Patrick’s Day, New Year’s Eve, and Valentine’s Day. According to a new article in Forbes, drivers can take advantage of two powerful tools to protect themselves and others on the road during what some authorities have been cheekily calling “drinking season,” the stretch of the year from December to March that includes some of the most dangerous holidays for DUI.

So what can be done to deal with this societal problem? The mobile apps, BACtrack and Uber, could help us collectively crack down and save lives. Consider the following statistics:

BACtrack, a breathalyzer app that works with a smartphone, tracks data from users and lets law enforcement officials as well public safety and auto safety experts analyze these data to inform policy. BACtrack, for instance, helped quantify last year’s Super Bowl Sunday DUI issues by calculating that the average DUI driver had a BAC level of .091%.
43% of BACtrack users report buying the product to avoid DUI.
Drivers whose BAC levels are at or above the legal limit of .08% are responsible for 21% of deadly crashes, according to the National Highway Traffic Safety Administration.
BACtrack identified December through March as the peak drinking season, when accidents are more likely to involve significant alcohol consumption.

Together with ride share apps, like Uber, technological aids like BACtrack can potentially help drivers make more responsible decisions when going out.

Thanks in part to highway patrol checkpoints and PSAs, awareness about DUI driving dangers has spread recently. Many cities in the Southland and beyond hosted extensive DUI checkpoints starting the Friday before Super Bowl Sunday. The Auto Club of Southern California also provided a “Tipsy Tow” service free for anyone who lived within a 7 mile radius of the pickup location.

The wildly successful (and somewhat controversial) rideshare program Uber, meanwhile, claims that the company can help gimp DUI rates by simplifying and streamlining the “designated driver” concept. To Uber’s credit, statistics show that DUI related accidents have indeed been declining in cities where Uber offers its services.

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.