DUI Category Archives — Page 21 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: February 2, 2015

North Dakota Man Arrested for DUI on Zamboni

Veteran lawyers and police officers can tell you that Los Angeles DUI arrests can occur in all sorts of diverse vehicles. You can be arrested for DUI any time you are on public property driving a motorized vehicle, including golf carts, boats, ATVs, UTVs, lawn mowers, and yes, even Zambonis!

On January 31st, officers busted a Zamboni driver at a high school ice rink for driving under the influence. In case you’re not a hockey fan… Zambonis are drivable ice rink cleaning machines; they’re named after the person who invented them. Attendees at this hockey game noticed the driver’s impairment when his driving noticeably changed between the first and second periods. Witnesses noticed that the driver had been “weaving and bumping into the boards on the rink.” Luckily, no one got injured.

Steven Anderson, the driver, could face 30 days in jail and a $1,000 fine. Anderson had been employed seasonally with the ice rink company, Fargo Parks, intermittently for 6 years prior to his arrest. He will face disciplinary action with Fargo Parks, and he could face serious criminal consequences if convicted of the DUI, including jail time, loss of his (real) driver’s license and tough probationary terms.

Although Zamboni and lawnmower DUI cases may seem amusing to the general public (and even to those accused of serious DUI crimes themselves), they’re really not a laughing matter. You can still get hurt or killed (or hurt and kill others) with these motorized vehicles and face charges per California Vehicle Code 23153, which elevates a DUI to a felony if you hurt someone while operating a vehicle while under the influence.

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: January 30, 2015

New Jersey Man Arrested for DUI on New Year’s Claims “Everyone Drives Drunk”

by Michael Kraut

When the police recently stopped you at a checkpoint or pulled you over on the freeway, you probably didn’t need a Los Angeles DUI attorney on hand to tell you to avoid saying obviously incriminating or stupid comments, such as “I only had 8 beers” or “my buddy left me at the bar — what was I supposed to do, walk home?”

Not everyone shares your restraint and wisdom.

To wit, on January 1st, police pulled over New Jersey resident Daniel Pratts for nearly running into a police vehicle. When the cops approached the car, they allegedly smelled alcohol on Pratts’ breath. They say that he failed field sobriety tests, prompting his arrest. Pratts refused the breathalyzer and then reportedly made an astonishing statement to an officer: “It’s New Year’s Eve, everyone drives drunk.”

Okay, that’s not smart. But what IS the right strategy? What should you do if you’re pulled over, and you believe you might be intoxicated or buzzed?

Even though it’s hard, try to stay calm. Excessive anxiety about a possible DUI could just incite unhelpful behaviors or lead to dumb comments that can make the situation worse. Avoid exhibiting anger toward the officer. Stay silent as much as possible.

Refusing a breathalyzer may provide enough probable cause for an arrest, and that information can be used against you in court. In many states, including California, refusing a chemical test can likely result in license suspension. It’s important to note that you can refuse a breathalyzer without jeopardizing your license if you inform the officer that you will take a blood or other test at the station, which will be more reliable.

When you are released, the first thing you should do is contact a qualified attorney, who could potentially reduce the charges to reckless driving or fight for exoneration of all charges.

First-offense DUI cases that don’t involve recklessness or result in injuries are fairly common, although each case has its own important subtleties. Call a Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today for a free consultation about your challenges.

Published on: January 26, 2015

Los Angeles DUI Community Ponders Oklahoma’s New Anti-Alcohol Purchasing Restrictions

by Michael Kraut

This Los Angeles DUI blog constantly scours the national landscape (or at least attempts to do so) to identify important legal trends in the field. State lawmakers – often out of desperation – sometimes decide to “get tough” on DUI by arbitrarily imposing harsher sentencing.

The general efficacy of this tactic is dubious, as this blog has argued in the past. If nasty anti-DUI punishments are failing as deterrents, why would slightly nastier ones suddenly succeed as deterrents. As Will Rogers once quipped, if you’re in a hole, stop digging.

In any event, let’s turn to Oklahoma, where Patrick Anderson, a local Republican Senator, just wrote and started promoting Bill 30, a measure that would ban DUI offenders from purchasing alcohol for a specified amount of time. The bill parallels a similar law in Alaska.

If Bill 30 passes, the legislation would mandate that an offender’s driver’s license be altered to include a stamp that restricts all alcohol purchases. If that person buys alcohol while banned, he or she will be sent back to court to face probation violation charges. Furthermore, the owner or managers of the establishment that sells alcohol to a restricted license holder could face felony charges.

Other laws that address issues like repeat DUI offenses and levels of intoxication would have to be revamped to accommodate the Bill 30 related changes. Further legislation modifications might be needed to address issues concerning:

•   Repeat offenders
•   Timeframe for the purchasing restriction
•   Exceptions regarding religious services
•   Etc.

Opponents of the law maintain that Bill 30 is a form of public shaming. They worry that the myriad of changes to current legislation would create confusion and sew public distrust. Opponents also complain that the law would put strain on bars and restaurants that serve alcohol, because every patron would have to be carded, including those clearly over the legal drinking age. Advocates argue that this legal tactic could serious deter potential repeat DUI offenders.

Debate over the new bill is set to open in February.

Currently, California DUI laws impose no such restrictions. The Golden State does have strict DUI laws that permit harsh sentencing. To protect yourself and your rights, contact a trusted, respected Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers to explore your possible defenses and responses.

Published on: January 23, 2015

Father Charged with DUI While Driving His 2 Autistic Children

by Michael Kraut

All but four states in the nation have laws on the books that increase penalties for people who drive DUI while transporting children. In California, police recently arrested a man named Joel Feseer for precisely this crime and hit him with charges of DUI and child endangerment.

Feseer’s job consisted of driving children between schools and their homes. He allegedly flipped his Ford van north of Anderson, California while driving two autistic children. Miraculously, the accident did not lead to any serious harm. Police insisted that he failed a field sobriety test at the scene.

Child endangerment typically makes California courts far less sympathetic toward defendants. In California, child endangerment on its own can be considered a “wobbler” charge, in that the court can consider it either a misdemeanor or a felony, depending on circumstances.

Feseer, for instance, could have to contend with a sentencing enhancement for child endangerment if the court finds him guilty of DUI; alternatively, he may face separate charges. If the children had been under the age 14, his DUI would automatically trigger even more severe sentencing.

Defense strategies in cases like these typically involve some sort of plea bargain in order to secure sentencing under reduced charges. Other circumstances in the case will determine whether the charges are combined and if there are other, aggravating factors that need to be considered. It is unlikely that Feseer has ever been convicted of a DUI before if he was transporting children as a job, but anyone who does have prior convictions will automatically face harsher sentencing.

Being convicted of a complex suite of DUI charges can change your life in ways that you may not be able to anticipate. In addition to the standard punishments – being required to serve time in jail, pay thousands of dollars in fines, use a breathalyzer every time you get behind the wheel, etc – you face additional obstacles such as loss of support or confidence from a boss or partner, lowered self-esteem and higher insurance rates.

Securing representation early from a qualified Los Angeles DUI attorney can help you not only develop a strategy to fend off the charges but also examine the parenting and other life challenges that may have led you, unwittingly or accidentally, to put your children at risk.

Published on: January 12, 2015

Controversial Florida Law Provides Safe Passage for DUI Drivers Through Checkpoints?

by Michael Kraut

The Los Angeles DUI community has been hotly debating the pros and cons of a recent stunt that drivers in Florida have been pulling to avoid getting arrested at checkpoints.

A recent video posted to Youtube shows several drivers passing through a DUI checkpoint in Florida and passing through unscathed. The drivers allegedly printed a document disseminated online by a Florida attorney. The document read as follows:

“I Remain Silent
No Searches
I Want My Lawyer

Please put any tickets under windshield wiper.
I am not required to sign.
I am not required to hand you my license.
Thus I am not opening my window.
I will comply with clearly stated lawful orders.”

In the video, officers can be seen approaching each car at the DUI checkpoint. The drivers then each hang their printed notices outside of their driver’s side, wrapped in plastic. They slow down to let the officers read the paper. The vehicles are then waved along without being subjected to searches.

The action drew outrage from various online media channels. Critics say this strategy unfairly protects inebriated drivers, giving them a free pass to drive on and possibly cause even fatal injuries to themselves or others. Champions of this tactic say that the police have no right to unfairly search a car without suspicion. The question remains: should a police officer be required to witness reckless behavior before stepping in, or is it better to be safe than sorry?

The Supreme Court ratified the legality of DUI checkpoints a few decades ago, but police stull routinely violate the Constitutional rights of drivers both at checkpoints and at random stops. If you suspect that police pulled you over without probable cause – or because of the color of your skin – you may be able to use that information to construct a powerful defense against your charges.

A Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers can provide detailed, smart assistance with your legal challenges.

Published on: January 7, 2015

Los Angeles DUI Arrests Skyrocket Over New Year’s Holiday, According to California Highway Patrol Reports

by Michael Kraut

Los Angeles DUI arrests spiked over the New Year’s holiday, as this blog (and other sources) predicted. But we had no idea that the damage would be as bad as it was.

From 6 PM on December 31 through 6 AM on the 1st, local officers in Los Angeles arrested 219 people across the county, and nearly a thousand people throughout the Golden State celebrated the ringing in of 2015 by getting handcuffed and charged per California Vehicle Code Section 23152 or 23153.

Talk about starting 2015 off on the wrong foot.

Depending on the nature of these allegations, defendants can face punishments ranging from severe fines and fees, to license suspensions, to probation, to significant jail time. In addition, their insurance rates can skyrocket, and they can face all sorts of indirect problems in their lives, including relationship troubles, getting reprimanded at work, and struggling with logistics, such as grocery shopping and child care.

The CHP noted that, over the 84 hour window that constitutes the New Year’s holiday, two people died in DUI crashes in Los Angeles County and 14 people across the state died.

To put these numbers in context – and to understand why this story is so important – we need to look at last year’s numbers. According to CHP records from 2014, only 104 people got arrested in Los Angeles County and only 457 people got arrested for DUI in California during the same time period.

Peter Bishop, a CHP Officer, told the Los Angeles Times that the spike in DUI arrests was “actually shocking because we have so much available [in the way of safe riding services Lift and Uber] now.”

When analyzing numbers like accident statistics or DUI statistics, you need to be very careful to avoid over-interpreting surprising results. For instance, does the doubling in DUI arrests across the state indicate an odd statistical artifact and nothing more? Or should we read the signal as indicating that driver behaviors have somehow taken a turn for the more dangerous?

Without more data points – and carefully controlled studies – we really can’t know.

If you have been struggling to try to figure out how to respond effectively to your recent charges, a Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers can assist. Call us now to connect with a former prosecutor with nearly two decades of experience working on Los Angeles DUI cases.

Published on: January 5, 2015

It’s a New Year And (Apparently) Time for Yet Another Los Angeles DUI Golf Cart Arrest — This One at The Rose Bowl!

by Michael Kraut

2015 opened with quite a spectacle, at least in the world of Los Angeles DUI.

Authorities arrested a 19-year-old man for driving DUI on a golf cart that he allegedly stole from the Rose Bowl and used to motor around on the 210 Freeway. As the Oregon Ducks and Florida State Seminoles clashed on Pasadena’s famous gridiron, 19-year-old Andrew Aldridge was clearly distracted by thoughts of how to get back to his car. Instead of taking a shuttle or a cab or hitching a ride with friends, he allegedly decided to do something a little more off-kilter and nabbed a 9-person golf cart from the stadium.

Driving an exposed and slow golf cart on surface streets is dangerous enough, but taking such a vehicle onto a Southern California freeway is an act on the verge of madness.

Police stopped him around 10 PM and discovered Aldridge’s odd motivation. Sergeant Mike Munoz later told reporters: “He took the cart and was trying to get to his car on the other side of Pasadena… it’s definitely chalked up as one of the new experiences for a lot of people here.”

As long-term readers probably remember, this blog has covered over a dozen instances of golf cart DUI over the years. While each story often appears ridiculous, reckless golf cart driving can be a serious concern. Caddyshack is not real life. If you flip over a golf cart or hit someone with a golf cart or crash into a speeding truck on the freeway, you can get hurt or killed… or you can hurt or kill someone else.

Prosecutors can charge offenders according to California Vehicle Code Section 23152, which mandates all sorts of intense punishments for DUI, including jail time, forced alcohol education classes, probation, fines, fees, and driver’s license suspension.

For help defending against your allegations – whether you did something wrong (ridiculous or not) or you believe that the police made a mistake or that the breathalyzer tests give an errant result – talk to an experienced Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers today to explore your potential legal options. Call us now for a free consultation.

Published on: December 29, 2014

5 Surprising Winter Challenges That Can Make Los Angeles DUI Accidents Extra Dangerous

by Michael Kraut

Los Angeles DUI accidents are dangerous at any time. Unfortunately, many people think they are less dangerous in the winter because California doesn’t does not experience much snow and ice. The DUI attorneys at the Kraut Criminal & DUI Lawyers know the exact opposite is true. Winter makes DUI significantly more dangerous for at least five reasons:

1. Rain

Winter often marks the first time California experiences rain in several months. If the roads have been dry for a long time, the slightest bit of precipitation makes them especially slick. Rain also loosens the greasy lubricants in people’s cars such as oil, causing oil slicks and dangerous skidding. Rain makes for poor visibility that is only compounded if someone is driving under the influence.

2. Changing Traffic Patterns

The holidays mean an increase in traffic, which leads to traffic jams and accidents. To avoid these, transportation officials and police may put up detours or otherwise reroute traffic. The changing traffic patterns can be disorienting, particularly for intoxicated drivers. Drivers also get frustrated when a traffic pattern takes them away from their usual route. Angry drivers are likely to cause more accidents, and alcohol only fuels frustration.

3. Time Changes

Winter signals the end of daylight savings time. Although large urban areas like Los Angeles still have plenty of city lights at night, the earlier darkness disorients many drivers. Some people who drive intoxicated may try to get home under cover of darkness, thinking they won’t be spotted as easily. Unfortunately, hidden obstacles can trip up both inebriated and sober drivers, leading to accidents.

4. Unequipped Cars

Drivers must always ensure their cars are equipped for winter weather. As discussed, even warm states like California are susceptible to rain and wintry mixes. Small, compact cars like Volkswagens or trucks without four-wheel drive are particularly vulnerable.

5. Distraction

During the holidays, people tend to be distracted easily. Drivers are more likely to make calls while traveling or try to multitask while on the road. This leads to carelessness, accidents, and possible fatalities.

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: December 24, 2014

Christmas DUI Dangers and How to Avoid Them

by Michael Kraut

Los Angeles DUI deaths and injuries are tragic no matter what time of year they occur. During the holidays, however, both the tragedy and the frequency of these incidents increase. Mothers Against Drunk Driving (MADD) reports that many fatal traffic collisions that occur at Christmas involve DUIs. 57% of New Year’s traffic collisions, meanwhile, involve DUIs. It’s estimated that at least 1,200 deaths will occur across the U.S. this year because of DUIs this holiday season, with only a small percentage resulting in convictions. Many people face life-altering sentencing for DUI convictions, even for a first or second offense, because of circumstances such as children in the car or damage to multiple vehicles.

Why do people drive under the influence during the holiday season? The attorneys at the Kraut Criminal & DUI Lawyers hope to illuminate a few reasons and in so doing, educate readers and their loved ones.

Stress

Published on: December 22, 2014

10 Tips to Avoid a Los Angeles DUI This New Year’s Eve

by Michael Kraut

You want to avoid “becoming a statistic” and getting arrested for DUI in Los Angeles on December 31st/January 1st. To that end, let’s review a few critical tips.

New Year’s Eve is a unique holiday in that it is both festive and relaxing. After the hustle and bustle of Christmas, people appreciate the opportunity to simultaneously enjoy a final holiday party and calmly consider their goals for a new year. However, the “last holiday party” feel of New Year’s Eve also leads to an increased number of people who drive under the influence. Today, the Kraut Criminal & DUI Lawyers will share ten tips to help drivers avoid a DUI this season.

1. Limit Drinks

If a party will have an open bar, drivers should determine exactly what kind of drinks they want and how many constitute a personal limit. Someone who prefers wine should probably stop at a glass or two. Drivers who prefer whiskey or vodka shots may have a tougher time stopping, so they should be mindful of the exact count they’ve imbibed.

2. Call a Cab (Or Uber Or Lyft)

Public transportation saves many people from DUI accidents and convictions. Drivers should save the number of a local cab company in their phones or attend parties close to bus or subway stations.

3. Strength in Numbers

Don’t go to a party or activity alone. Bring along at least one friend and determine a designated driver for the entire group.

4. Nosh and Nibble

Despite New Year’s resolutions about weight loss, New Year’s Eve is one time it’s okay to snack. Party snacks fill the stomach, making less room for alcohol. Try to nosh on items like meats or dark chocolate, which will satiate appetite faster.

5. Make a Plan

Party hosts should plan at least a few structured activities, such as games or dancing. This cuts down on alcohol consumption and helps people focus on more than available drinks.

6. Avoid Salt

Salt makes partygoers thirsty, so they drink more. In the same vein . . .

7. Offer Alternative Drinks

These can include “mocktails,” sodas, punch, or plain water. Water is particularly helpful for guests who are thirsty from those salty snacks if you decide to offer them.

8. Set Some Rules

Let guests know in advance that there will be no outside alcohol. If someone tries to bring in an extra bottle or some shots, have him or her leave it at the door.

9. Make Reservations

For long-distance parties, arrange for hotel rooms. That way, no one drives home intoxicated and everyone gets adequate rest.

10. Make It an Early Night

People are less likely to drink at early hours, such as between 5 and 8 p.m. Set parties for these hours and make it clear that cleanup begins at a certain time. Serving dinner and keeping the bar closed until after dessert may also help.

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.