DUI Category Archives — Page 23 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: November 10, 2014

Los Angeles DUI Checkpoints Abounded in Koreatown Last Weekend

LA Weekly regularly keeps tabs on Los Angeles DUI patrols and checkpoints, to the ire of some law enforcement officials and others who worry that publicizing news about checkpoints can have a negative impact on the deterrent.

One of the reasons why police establish checkpoints at relatively random locations is to leverage the element of surprise. So critics worry that, when papers like LA Weekly reveal maps of DUI checkpoints, then at-risk drivers might be more likely to “let loose” and drive in a more cavalier and dangerous fashion.

While this fear is understandable, it begs the question: is there any actual evidence that publicizing locations of checkpoints actually does cause harm? Here’s the reality. Journalists might argue that revealing checkpoints does no harm. And some in law enforcement might argue the opposite — that it does endanger the public. But we really don’t have impeccable science to support either position.

In light of that, it’s interesting to note when and how the Los Angeles Police Department and other agencies set up their checkpoints.

On Thursday November 6th, for instance, per the LA Weekly, the LAPD set up saturation patrols in the Olympic Division near Koreatown as well as the Central Division. Pasadena Police, meanwhile, set up a saturation patrol in Pasadena. On Friday, police set up a DUI checkpoint in Panorama City at Roscoe Boulevard and Nobel Avenue. On Saturday, police ran a checkpoint at Vose Street and Sepulveda Boulevard, in Van Nuys. And on Sunday afternoon, police patrolled for DUI drivers in North Hollywood from 5 PM to 1 AM.

Whether police rounded you up at one of these checkpoints, or you found yourself behind bars after causing an accident on the 405 or the 101, or you failed field sobriety tests, such as walk the line or finger the nose, you need powerful insights and an effective advocate to win your freedom. Call the Kraut Criminal & DUI Lawyers today to schedule a free consultation with a Los Angeles DUI lawyer — a former Deputy District Attorney with nearly two decades of experience.

Published on: November 3, 2014

Awful Story — After a DUI Accident, Victim Shot to Death by Police in Hospital

by Michael Kraut

The aftermath of Los Angeles DUI accidents can be quite traumatic and confusing. DUI suspects can make errors or engage in dumb behaviors that can put people (and police officers) at risk of injury and lead to criminal charges. Police officers and other responders can also make errors and misjudgments, which can complicate the situation.

One dramatic and very sad story out of Highland Park, Illinois, illustrates the complexities that often accompany DUI arrests. According to local news sources, a man from Waukegan died at a local hospital after police officers shot him. Here’s how the scenario reportedly unfolded. An alleged DUI accident on Illinois Route 94 attracted the attention of Illinois State Police, who found two injured passengers, Christopher Anderson, 27-year-old, and his 9-year-old daughter, Alaysia. Later that morning, hospital staff called police officers to respond to a very aggressive patient, who allegedly brandished a handgun, demanding to see his daughter. Police responded by shooting Anderson fatally.

The incident stoked alarm from some members of the community. The local paper quoted community activist Ralph Peterson, who asked: “how could a 27-year-old whose daughter is seeking medical attention end up dead?” Of course, if the man, indeed, had pulled a gun on hospital workers in an aggressive manner, the police obviously had a right to respond and protect themselves as well as any nurses, doctors and patients in harm’s way.

Stories like this remind us of how important it is to collect quality evidence. Did the police err or engage in misjudgments? Were the breathalyzer test and field sobriety tests and other assessments used by authorities fair and accurate?

To solve the puzzle of your criminal defense, trust an experienced, highly qualified Los Angeles DUI criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut spent over 14 years working as a prosecutor, and he has the knowledge and relationships you need to build an effective defense.

Published on: October 30, 2014

Los Angeles DUI Suspects’ Nude and Semi Nude Pictures Shared among Police Officers – Yikes

by Michael Kraut

When you’re stopped and arrested for Los Angeles DUI, you’re probably more terrified of going to jail than you are of somehow being embarrassed by the police.

However, while most California Highway Patrol officers and LAPD officers operate respectfully and follow appropriate protocol, some “bad apples” cause problems.

35-year old Shawn Harrington, a CHP officer, recently admitted to sending nude and semi-nude photos of suspects arrested for various crimes, like Los Angeles DUI, to his friends on the force. According to a Huffington Post report “[Herrington] said this was a game between him and two others CHP officers… one Harrington engaged in at least six times. Several of the owners of these phones were DUI suspects. One was hospitalized when Harrington took bikini photos from her phone, and another gave permission to search her device after a DUI arrest, which was apparently interpreted as a green light for shady behavior.”

Joe Harrow, the Commissioner for the California Highway Patrol, said that he is taking these photo-trading games very seriously. Journalist Matthias Gafni reported on similar police privacy violations for the Contra Costa Times. Per the Huffington Post, Gafni said that “in one incident, a woman received a $75,000 settlement after police uploaded a semi-nude photo of her to Facebook and deleted a photo she had taken of an improperly parked patrol car. None of the incidents resulted in criminal charges, though several officers were fired (one even later sued in protest).”

Hopefully, officials at CHP will extinguish this nasty behavior and protect the rights and dignity of people arrested for crimes like DUI.

If you or someone you love believes that the police acted inappropriately or even illegally during your DUI stop, you may need to act swiftly and aggressively to preserve your rights and to ensure justice. Call an experienced and highly qualified Los Angeles DUI criminal defense lawyer with the Kraut Criminal & DUI Lawyers right now to set up a confidential, free consultation. We can help plan your strategy, protect your privacy and fight aggressively for your freedom.

Published on: October 29, 2014

Zombie and Hello Kitty Arrested For DUI [Zombie Twice In One Night!]

by Michael Kraut

As Halloween approaches, spooky Los Angeles DUI stories are bound to start hitting the presses.

Sure enough, two ridiculous and sad tales just popped over the past week. The first involved 26-year-old Catherine Butler, a Rochester, New York woman who earned internet notoriety after police arrested her twice in the span of just three hours for driving under the influence.

Police originally stopped her at around 2 in the morning after noticing that her car didn’t have its headlights on. Per WHEC in Rochester, officers took Butler to the police station for her mugshot and subsequently released her. Less than three hours later, at 4:57 a.m., police allegedly spotted Butler swerving all over the road and arrested her again. By this time, she had cleaned up her zombie makeup. So her second mugshot was normal. But according to authorities, her blood alcohol concentration tested above the 0.08% limit for DUI both times. (The NY limit is identical to the one here in Los Angeles, as defined by California Vehicle Code Section 23152.)

Meanwhile, up in Maine, police arrested non other than Hello Kitty herself for DUI.

Authorities said that 37-year-old Carrie Gipson of Westbrook, Maine had been driving in the wrong lane while wearing a Hello Kitty costume. Police say she refused to take a breathalyzer test. They took her to Cumberland County jail, where she posed for a mugshot in her Hello Kitty costume (sans the giant Hello Kitty head).

Whether you’re in costume or out of costume, authorities do not take DUIs lightly. Nor do they tolerate multiple arrests lightly. In fact, if you are convicted three times for DUI within a 10-year span (never mind a three-hour span), prosecutors can charge what normally would be a misdemeanor as a felony, meaning that you could spend over a year behind bars for a crime that ordinarily would only put you behind bars for a few hours or few days. In addition, a felony conviction can strip you of your right to vote, leave you with a permanent criminal record, and subject you to far more intense prosecutions if you’re ever arrested again for other crimes.

An experienced Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers can help you understand the extent and scope of your troubles and help you develop an intelligent, effective plan to get your life back on track. Attorney Kraut is an ex-prosecutor (Deputy District Attorney for Los Angeles) with excellent relationships with judges, prosecutors and police in the area.

Published on: October 27, 2014

California Congressman Busted for DUI: Tested at 0.137 BAC, Nearly Twice State Limit

by Michael Kraut

When police arrest high-level politicians for driving under the influence of alcohol in Los Angeles, the press takes notice. Tragically, two major politicians last week found themselves in handcuffs, facing serious charges (and jail time) for DUI acts.

Today, we’re going to focus on the arrest of Michael Tubbs, the youngest person ever elected to Stockton California’s City Council. Allegedly, Tubbs tested at 0.137% BAC, nearly double the legal limit of 0.08% as defined by California Vehicle Code Section 23152.

Tubbs issued a contrite statement: “I would like to apologize to my friends, family, colleagues and most importantly, to constituents of Stockton that I’ve let down. Per local reports, a CHP Officer stopped him on Highway 99 for speeding and found that he smelled like alcohol and could not competently talk. He booked the councilman to San Joaquin County Jail.

Tubbs later issued a statement: “on Friday evening, I made a poor decision to drive when I should not have. While I thought I was within legal limits to drive, I should have been more careful and made a different decision.”

Tubbs had been hailed as a community success story. Even though he was born to a teenage mother and a father who was jailed at the time of his birth, he defied the odds and ended up going to Stanford. Oprah Winfrey even contributed $10,000 to his election campaign.

In terms of what effect this arrest will have on Tubbs’ political career, freedom and life… it’s obviously impossible to say at this point. However, this story does highlight one of the great truths about DUI defense. A single poor decision or just an act of forgetfulness can lead to diverse problems ranging from higher insurance rates to massive fines to extensive legal bills to job loss.

Fortunately, you may be able to challenge DUI charges on numerous grounds, depending on what happened. For instance, someone like Tubbs might be able to argue that the breathalyzer test had not been calibrated properly, perhaps, or had been inaccurately recorded.

To create smart and effective response, call a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately to schedule a consultation with a former Deputy District Attorney. Continue reading

Published on: October 15, 2014

Indication That You Might Have Been DUI in Los Angeles: You Drove Your Car Directly into a Pond

by Michael Kraut

Some Los Angeles DUI arrests are very subtle and not at all obvious.

Police may stop a driver who’s following all the traffic laws and driving at the speed limit for having an out-of-date license plate, for instance. After this stop, the person may raise police suspicions by lacking coordination or answering officer questions incoherently. Over time, thanks to field sobriety tests and breath tests, the authorities suspect DUI.

But sometimes, the signs are far less subtle!

Consider an October 14 story reported out of Virginia — a local man faces DUI and driving without a license charges after local authorities discovered his vehicle submerged in a pond in the town of Lansdowne, VA. Fortunately, no one got hurt in the incident, although the driver, 46-year-old Arturo Romero, had at first feared that a family member had been trapped inside the sinking car.

Meanwhile, elsewhere in Virginia, a woman faces more serious charges of driving DUI with her 3-year-old daughter in the vehicle… and then fleeing the scene of an accident. Authorities arrested 26-year-old Rachael Brand for DUI and child neglect, connecting her with a hit and run accident on I-95. When police pulled her over, they allegedly noticed that her airbags had been deployed, suggesting that she had been in a recent wreck.

As we discussed in our recent post on the terrifying field trip DUI bus ride in Utah, driving under the influence with kids in the car is just not okay. California law severely punishes people who engage in this type of behavior with more jail time and steep fines and fees. A parent who drives with a child in the car can lose parental rights. A parent going through divorce who drives with a child in a car can lose custody or visitation rights.

For help defending against your complex charges, call a qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers today to set up a free and confidential consultation with former prosecutor Michael Kraut.

Published on: October 13, 2014

A Wild Ride: Utah Bus Driver Allegedly Takes Kids on a Crazy Fieldtrip While DUI (“My Heart is Pounding”)

by Michael Kraut

It’s obviously dumb, dangerous, and illegal to drive under the influence in Los Angeles, under any conditions. But it’s particularly dumb, dangerous and illegal to drive DUI with kids in your vehicle – especially if you are a professional bus driver.

39-year-old Lycia Martinez faces very intense charges, after she allegedly drove DUI in Utah with 67 elementary school kids on her bus. Per reports, the Salt Lake City bus driver apparently took antianxiety drugs as well as muscle relaxers — Utah Highway Patrol apparently found these pills in her purse — and nearly struck a car on a busy freeway with the elementary school kids in tow. A motorist called 911 and reported “she can’t stay in the lanes, she is crossing the double lines, and the adults are getting scared … oh my hell … I don’t get scared very easily, but my heart is pounding.”

Police later stopped the bus on Interstate 15, nearly 40 miles from its location. Blaine Robins of the Utah Highway Patrol said “we really dodged a bullet.” The bus had been traveling on a major five lane highway, and the situation could have easily sparked an awful and fatal crash. Chris Williams, a spokesperson for the local school district reflected: “talk about precious cargo… we are very fortunate nothing happened, not only with the students on the bus but with other drivers on the road.”

Drug DUI, like an alcohol DUI, can lead to punishments ranging from serious jail time (particularly if you hurt anyone), forced alcohol school, license suspension, and other indirect consequences, such as higher insurance rates and the loss of your job.

Driving DUI with a minor in your car (under 14 years old) can be charged as an additional crime, meaning that you could get more jail time and other penalties. If you or someone you care about faces such charges, contact an experienced former city prosecutor at the Kraut Criminal & DUI Lawyers today to talk to a qualified Los Angeles DUI defense attorney about your possible next steps.

Published on: October 10, 2014

USA Swimming Brings Down Hammer on Michael Phelps for His DUI

by Michael Kraut

Many people – including celebrities, actors, sport stars and captains of industry — underestimate the damage that non-injury Los Angeles DUI arrests can do to their careers.

Even if you didn’t hurt anybody — and you likely won’t be charged with a felony per California Vehicle Code Section 23153 (the injury DUI section) — you may still have to face nominal jail time as well as other inconveniences, like probation, license suspension, community service, etcetera. But if you have enough resources, those punishments may not feel like much. After all, if you have millions of dollars, a thousand dollar fine won’t make much of a dent in your pocketbook. If you have a limo service, losing your license won’t be a game changed, necessarily, although it still could be quite inconvenient.

But DUIs can have repercussions that go far beyond the legal penalties. To wit, witness the stunning turn of events for Olympian Michael Phelps – the most gold-medal-decorated athlete in the Olympic history – who found himself under arrest for DUI in Baltimore two weeks ago, after police stopped him for driving 80+ miles per hour in a 45 mile per hour zone and weaving across lanes.

Phelps allegedly behaved in a gentlemanly fashion and cooperated with officers. He even took to Twitter and apologized to his fans around the world. But that was not good enough for USA Swimming, the official governing body of his sport, which suspended Phelps for six months from competing. That means that he won’t be able to represent the U.S. during the FINA World Championships next year.

The Huffington Post dramatically framed the situation: “It’s possible that USA Swimming didn’t just remove Michael Phelps from the 2015 World Championships. It’s possible USA Swimming just ended his career.”

Now, Phelps obviously has accrued tremendous wealth and prestige – and he had intimated previously that he wanted to retire from his sport. But USA Swimming dealt a very vigorous blow to its most well known athlete.

If a DUI could end Phelps’ career, what could it do to your?

To defend yourself from the scary consequences of a DUI charge, contact an experienced former prosecutor with the Kraut Criminal & DUI Lawyers today to schedule a free consultation. Call a Los Angeles DUI defense lawyer immediately to protect and preserve your rights.

Published on: October 6, 2014

Drug DUI for Amanda Bynes Creates Major Problems for Beleaguered Actress

by Michael Kraut

Of all the celebrity Los Angeles DUI cases that we’ve covered on this blog over many years, the peculiar case of Amanda Bynes has stood out, because the actress’ encounters with the law have had less to do with willful rule breaking and more to do with mental illness.

The ex-child star, who earned fame in movies like Hairspray, found herself in handcuffs again on Monday, after police arrested her for driving under the influence of drugs. According to news outlets, the actress had stopped taking her antipsychotic medication and “started smoking pot again and drinking again.” Previously, she had been admitted to a psychiatric hospital, after she threw a bong out of an apartment building in New York City and later lit a fire in the driveway of a complete stranger. She had enrolled in the Fashion Institute of Design and Merchandising in Southern California after completing a court-ordered parentally supervised conservatorship. An anonymous source claimed to RadarOnline that the 28-year-old actress “is absolutely out of control.”

Per TMZ.com, Bynes had been driving high on the drug Adderall when police stopped her in the San Fernando Valley. They administered toxicology tests, and police said it will take 60 days to determine what, if anything, she had been using. Leland Tang, an officer for the California Highway Patrol, said “we would have released [information about what drugs she had in her possession] if we knew it was a stimulant…we won’t know for sure until the toxicology comes back.”

Getting arrested for drug DUI can be complex, but you may be able to challenge the arrest on multiple grounds. An experienced, strategic and compassionate Los Angeles DUI defense lawyer, such as ex-prosecutor Michael Kraut of the Kraut Criminal & DUI Lawyers, can help you understand your options and develop and execute a consistent defense.

Published on: September 29, 2014

Le’Veon Bell’s DUI Charges May Not Result in Suspension

by Michael Kraut

If you’re facing DUI charges in Los Angeles, you may begin experiencing negative consequences before the court even hears your case. Consider, for instance, the challenges that confront Pittsburgh Steeler, Le’Veon Bell, who may face a two-game suspension and other sanctions from the league and from his club, as the result of a recent DUI arrest.

Authorities arrested Bell for DUI in August. After police pulled him over, he allegedly admitted to having smoked marijuana earlier in the day and to possessing a bag of the substance. He also allegedly claimed that he was unaware of the law prohibiting driving under the influence of marijuana, claiming he wasn’t “high” enough for the drug to have impaired his driving.

The NFL’s new substance abuse policy imposes a mandatory suspension on players arrested for DUI. The suspension occurs only after a player has failed to resolve the matter within the league’s stated “grace period.” Under this policy, Bell must resolve his DUI charge before November 1 to prevent a suspension from going into effect. However, he may receive a one-game suspension for marijuana possession, regardless of the outcome of the DUI case.

Bell’s Legal Woes — Just the Most Recent among NFL Players

Bell is certainly not the only NFL player who has experienced a run-in with the law in recent months. High-profile cases in which the NFL has suspended or banned players include:

• Ray Rice. After video footage emerged of running back Rice punching his wife in an elevator, corporate sponsors and fans alike expressed outrage and disbelief. Prior to the release of the footage, the NFL had only punished Rice with a 2 game suspension. After the revelation, however, the NFL suspended Rice indefinitely, and the Ravens terminated him.

• Adrian Peterson. The Minnesota Viking running back faces allegations that he abused his 4 year old son by hitting him with a tree branch. The Vikings responded to the horrifying news by deactivating the player until he resolves his legal issues.

An arrest for DUI can be a serious legal matter that can have profound personal and professional consequences. A Los Angeles DUI attorney can help you defend against such charges and return to work as soon as possible. Contact the Kraut Criminal & DUI Lawyers today to schedule a free consultation regarding your case.