DUI Category Archives — Page 25 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: August 13, 2014

Second Bust in Two Years for Atlanta Police Officer: Implications for Your Los Angeles DUI Arrest?

Whether police busted you at a checkpoint in Santa Monica Boulevard after a late night Hollywood party or authorities booked you for Los Angeles DUI following a fender bender on the 10, you’re probably feeling pretty sheepish, embarrassed and confused.

Part of you realizes that you “should have known better.”

Some degree of self-flagellation is possibly appropriate, particularly if you did violate CVC 23152 or some other driving law in a flagrant way, or if you hurt somebody. But did you know that many people who know a lot more about DUI than you do — police officers, public officials who make policy, judges, DUI defense lawyers, etc — ALSO make poor judgments and find themselves in legal hot water?

To wit, consider the strange case of officer Christopher Niezurawski, a Georgia State Patrol Officer who was just arrested for his second DUI in two years. According to police reports, Niezurawski “had an odor of an alcohol beverage coming from his breath” and had “bloodshot and watery eyes.” Of course, these symptoms in and of themselves never can prove DUI. For instance, you can have bloodshot eyes for many alternative reasons – allergies, fatigue, emotional stress, disease, irritation due to pollution, etc. Likewise, your breath can smell like alcohol for reasons that have nothing to do with alcohol consumption. For instance, perhaps you used a strange mouthwash, or perhaps an officer misattributed the smell.

In any event, this arrest wasn’t officer Niezurawski’s first DUI rodeo. In 2012, he pled guilty to DUI after driving the wrong way and causing a bus crash. He paid a $1,200 fine, served 80 hours of community service, went to jail for 10 days and served a year of probation. The Atlanta Police Department also suspended him for 15 days without pay.

Just days later, Marreese Speights, a center and forward for the Golden State Warriors, also got hit with DUI charges out in St. Petersburg, Florida. The 6 foot 11 Warrior allegedly blew a 0.103 and 0.106 respectively on two breath tests – putting him over the 0.08% legal limit for Florida (and, incidentally, Los Angeles).

The moral here is that basketball stars, police officers and people in every walk of life make mistakes and drive DUI in Los Angeles and do other “dumb things” behind the wheel. Fortunately, you may have strategies and tactics at your disposal to reduce your penalties and potentially expunge your charges all together. Call attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today for a free, confidential consultation about what you might be able to do.
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Published on: August 6, 2014

P.J. Tucker of Phoenix Suns Gets Busted on “Super Extreme” DUI Charges

by Michael Kraut

As regular readers of our Los Angeles DUI blog know, the crime of driving under the influence is anything but monolithic.

Your blood alcohol concentration and subtleties regarding your arrest and criminal history (if any) can dramatically influence your potential punishments. For instance, if you test just over the limit (0.08%), you will face lesser charges than if you test way over the limit (0.15%+ BAC). Our neighboring state, Arizona, has similarly stratified its DUI punishment scheme, and P.J. Tucker, a forward for the Phoenix Suns, may soon become intimately familiar with the gradations.

According to the AP, the star forward just pled guilty to “super extreme” DUI. He will spend three days in jail and 11 days in home detention.

Police pulled Tucker over in Scottsdale on May 10 and tested him to have a BAC of 0.22%, two and three quarters over the legal limit. In addition to the jail time and home detention, Tucker will pay a fine of $2,750, go through alcohol counseling, use an interlocking ignition device in his car for the next year and a half and undergo probation for five years.

The President of the Suns issued a statement: “In considering this matter, we concluded that P.J. was sincere in his remorse and his resolve to accept the consequences of his actions… we are convinced that he will take the necessary steps to avoid any such conduct in the future. The Suns do not in any way condone his conduct, but we do support him as he works through this.”

According to police reports, Tucker was driving around in his Mercedes Benz, when police pulled him over. He allegedly exhibited classic DUI symptoms, such as bloodshot eyes, slurred speech and a lack of coordination on his field sobriety test (FSTs). The Suns booked him on a $6.5 million three-year deal less than two months after the arrest, and he promised his team and his fans “I will not let you down.”

Tucker’s case is important for at least two reasons.

First, his arrest demonstrates that even highly successful, motivated and publicly visible people can and do make grievous DUI mistakes that can lead to major punishments. Just because you’re an NBA forward does not mean that you are immune from the laws of the land and that you can’t wind up behind bars.

Secondly, the Tucker story also shows that resilience is possible. Although Tucker faces long-term inconveniences, such as probation and an IID in his vehicle, he still managed to lock a $16.5 million contract, and his team has given him a second chance.

To build an effective Los Angeles DUI defense, call attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today to schedule a free consultation with a former high-level prosecutor who has won significant renown for his work and who has great relationships not only with clients but also with Los Angeles judges, prosecutors and police officers.
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Published on: August 4, 2014

Never Underestimate the Power of Your Los Angeles DUI Defense Team

by Michael Kraut

Perhaps you collected a Los Angeles DUI charge after you drove wildly following an extravagant night out at a night club often frequented by Snoop Lion (a.k.a. Snoop Dogg). Or maybe officers at a checkpoint near Sepulveda stopped you and a friend and charged you both with DUI, after you each blew very high number on your breath test – enough, perhaps, the qualify you for an extreme DUI charge (in excess of 0.15% BAC).

Harsh punishments are not inevitable. An experienced DUI attorney can help turn things around for you in a major way by taking actions along the lines of the following:

1. Challenging the validity of your breath or blood test results.

Breathalyzer and blood tests aim to quantify your degree of intoxication. These tests are sophisticated. But don’t let their seemingly objective nature fool you. Even the most fair, beta-tested breath and blood tests – administrated in good faith by meticulous police officers – can tell a story that’s way off base. A breath test can yield false positives for many reasons:

•   Ketones on your breath, caused by your diet, could register as alcohol;
•   A very deep breath blown into machine may suggest that you have more alcohol in your system than you actually do;
•   The presence of “mouth alcohol” can throw off the reading;
•   Miscalibration or inaccurate recording of test results can also lead to injustice.

An astute defense attorney can challenge your test results.

2. Negotiating with prosecutors.

Perhaps you actually did drive DUI. You made a big mistake, and you’re willing admit it. You’d just like to minimize your punishments and maximize your chances for successful rehabilitation. A seasoned lawyer can negotiate with prosecutors to make this happen.

3. Challenging the license suspension.

Most defendants worry a lot about potential jail time but don’t give enough thought to the inconvenience of license suspension. It’s hard to get around L.A. if you have to take public transportation everywhere. A license suspension can indirectly get you fired from your job and choke off friendships. An informed, prepared attorney can help you fight the license suspension, so you can keep driving (safely).

Turn to Michael Kraut of the Kraut Criminal & DUI Lawyers for help now constructing and moving forward with your Los Angeles DUI defense.

Published on: July 30, 2014

Georgia Woman Sentenced for DUI Driving… With 4 Children in Her Car!

by Michael Kraut

A recent incident in Milton, Georgia serves as a cautionary tale for potential Los Angeles DUI drivers. On Tuesday, July 8, Milton resident Marjorie Rose Ryan-Santos pled guilty in a DUI driving incident that led to a car accident the week before.

Ryan-Santos admitted not only to driving under the influence, but to endangering the safety of the four children riding in the car with her at the time. She received a sentence of 10 days in jail, and she was given credit for five days served after her arrest. In addition, she faces community service, probation, and a license suspension.

The Milton Police Department reports they arrested Ryan-Santos after the accident due to her slurred speech, unsteady gait, and blood alcohol level of 0.168.

Thankfully, the car accident did not lead to any injuries for Ryan-Santos or for the children in the car. The current condition and location of the children are not known.

This Milton, Georgia, case represents a best-case scenario for individuals who drive under the influence with minors in the car. Fortunately, the driver and occupants were unharmed; however, many DUI accidents result in more tragic consequences.

In California, the law often imposes harsh penalties on DUI drivers, which increase with repeated offenses and become considerably more severe with additional factors, such as child endangerment. When a DUI accident causes injury or death to passengers in the driver’s car or another vehicle, the responsible party likely faces jail time, hefty fines, and other life-changing consequences.

The best way to avoid Los Angeles DUI charges is not to get behind the wheel of a car when you have been drinking. If not for your own sake, consider the life and safety of your passengers and other drivers.

Kraut Criminal & DUI Lawyers understands that everyone makes mistakes. Whether you face first-time DUI charges, a repeat offense, or more serious allegations regarding endangerment or injury, contact us today to learn how we can help you build a strong defense. Continue reading

Published on: July 28, 2014

Signs That You Might Need a New Los Angeles DUI Lawyer

by Michael Kraut

You’ve already retained an attorney for a DUI in Los Angeles charge, and you’re hoping that your first few uncomfortable experiences with the attorney (or his or her law firm) were just a hiccup.

But you’re not so sure.

No lawyer is perfect. Your case might just be very hard to manage. That is, the police may have such compelling evidence against you that your best-case prognosis would still be pretty grim. For instance, maybe you hit another car and then later tested to have a BAC of 0.20% – two and half times the CA DUI limit. In addition to the DUI, you also have a hit and run charge and a charge of resisting arrest. So if you expect that your charges will be dismissed entirely, your goals may be too aggressive for any lawyer to meet.

On the other hand, the following 3 “red flags” might indicate that something is wrong with the relationship with your lawyer and that something needs to change:

1. The law firm is super, super slow getting back to you.

Every time you call the office, you speak to a different person who needs to be reminded about the particulars of your matter from the ground up.

2. You just “get a bad vibe” every time when you talk to your attorney.

You can’t exactly put your finger on what’s wrong. But our intuitions are often able to pick up on information that our conscious minds miss. As the expression says, “trust your gut.” If you sense something is odd, try to articulate what’s wrong by writing it down.

3. You’ve spoken to another Los Angeles DUI lawyer about your situation, and he or she has been appalled by what your current attorney is doing.

If you want a second opinion, please connect with Harvard Law School educated Los Angeles DUI lawyer, Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is an ex-prosecutor – he achieved a level of Senior Deputy District Attorney before changing career directions and representing criminal defendants.

One of the reasons why so many defendants like working with Mr. Kraut is that he is an excellent communicator. He answers his clients’ questions, when they need help. He customizes the defense experience, and he’s passionately devoted to helping his clients achieve not just excellent results but also peace of mind. Free yourself from the frustration and uncertainty: get a second opinion from the Kraut Criminal & DUI Lawyers.

Published on: July 23, 2014

Give Yourself a “Time Out” from Worrying about Your Los Angeles DUI

by Michael Kraut

Ever since you woke up the morning after your Los Angeles DUI arrest, you have been obsessed with your case and deeply worried about what will happen to you and your life.

• Will a six-month California driver’s license suspension be in the offing?
• Will you have to go to jail for hurting or seriously injuring someone else?
• Will your insurance rates go up?
• Will your boss fire you?
• Will your girlfriend or boyfriend break up with you?
• What will happen to you, if you ever get in trouble with the law again?
• Are you doomed to be a slave to your impulses to consume alcohol and/or drugs and/or prescription medications?
• How can you fight the charges and get best results?
• Etc.

These and dozens of other questions and scenarios are likely floating around in your head and causing you tremendous agitation and stress. They are important to address.

But given your current fragile state, you may not be able to address them effectively. Try the following exercise to give yourself some space – almost a mini mental vacation – from the chatter about your DUI.

Find 15 minutes where you can be alone and in peace, and practice doing meditative breathing as follows. Sit comfortably in a chair — ideally, upright with your body relaxed but alert. Then just watch your breath flow in and out of your body. You don’t have to try to force the breath or take deep breaths or anything. Just watch the breath as it goes into your lungs, and then watch it as goes out of your lungs. You can breathe naturally: just try to focus all of your attention on the act of breathing – watching the process as if you were an objective observer watching the ocean waves flow in, hit the shore, and flow out.

You will notice that there are basically four distinct parts of the breath. There is the “in breath.” There is a kind of pause that happens at the top of the in breath. There is the “out breath.” And there is the pause after the out breath. Try to become very interested in all the minute details of this process.

If and when thoughts about your DUI pop up – and they likely will, and the chatter may grow intense as you get into this exercise – acknowledge them, but let them go. You will have time to think those thoughts later. For now, you just want to focus on the breathing. Set a timer behind that will go off in 15 minutes, and tell yourself that you can “touch” those thoughts and worries once the timer goes off. Every time you have a non-breath related thought, let it float away from you, as a child might let a helium balloon float into the clouds.

Hopefully, that exercise can give you a little sense of peace and quiet and help you improve your concentration. For practical help with your Los Angeles DUI defense, get in touch with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a Harvard Law School educated ex-prosecutor who can help you make smarter decisions about your case.

Published on: July 21, 2014

North County Family Shocked at DUI Driver’s Release

by Michael Kraut

A recent San Diego story presents a complicated issue for those affected by Los Angeles DUI laws. Melissa Tennent, daughter of Arthur Jacobs, recently became distraught when she discovered the woman responsible for her father’s death had left prison three years and eleven months early.

Julianne Thompson, 25, struck and killed Jacobs on July 27, 2011, while driving under the influence in Carlsbad. After hitting Jacobs, Thompson abandoned her vehicle and hid in nearby bushes before police located and arrested her. She pled guilty to gross vehicular manslaughter and intoxicated hit-and-run charges. Upon receiving a guilty verdict, Thompson began serving a six-year sentence in prison.

However, Tennent recently ran into Thompson in a local grocery store – just two years after Thompson was sent to prison. Although she expressed dismay over this unexpected encounter, early releases for such offenses happen fairly often in the state.

Currently, California law does not classify the hit-and-run and vehicular manslaughter charges for which Thompson was convicted as “serious” or “violent” offenses, which means displaying good behavior – as Thompson did – typically reduces the length of a prisoner’s sentence.

Gross vehicular manslaughter, while a lesser charge than vehicular homicide or second-degree murder, still represents a serious offense under California law. The penalty for DUI driving that kills another individual can lead to prison sentences of up to ten years, to say nothing of the devastation it causes to the victims’ families.

Thompson has legally served her time and now has the opportunity to rebuild her life, but the repercussions of her actions will stay with her for many years to come.

DUI driving that causes the death or injury of another individual is a tragedy for everyone involved. Those facing such charges should not do it alone. With the help of a Los Angeles DUI attorney, such as Michael Kraut, you can present a legal defense that addresses all the circumstances surrounding your accident. Contact the Kraut Criminal & DUI Lawyers today to discuss your case.
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Published on: July 16, 2014

Jovial Chicago DUI Arrestee Provides a Lesson in How Not to Take a Mug Shot

by Michael Kraut

Individuals facing Los Angeles DUI charges would do well to take a lesson from the case of Ronald Searl, a Chicago area man recently arrested for drunk driving.

Police stopped 54-year-old Searl on July 3 when they spotted him driving in the center turn lane of a city street. After smelling alcohol on his breath, officers administrated field sobriety tests and a breathalyzer, which revealed Searl’s blood alcohol content exceeded the legal limit.

In addition to DUI charges, Searl received a citation for operating his vehicle in the wrong lane. Perhaps due to his “polite, cooperative and respectful” demeanor during the arrest process, police released him on his own recognizance.

Although Searl may have behaved well throughout the booking process, his bizarre mug shot tells a different story. In the photo, Searl is visibly laughing and neglects to look at the camera. The lackadaisical response to his arrest may appear to some as an utter disregard for the seriousness of his offense.

California law imposes serious penalties on individuals who commit DUI offenses, regardless of whether they cause accidents or injuries to others. First-time drunk drivers may receive jail time, fines, license suspensions, probation, and installation of interlock devices in their vehicles.

Although no one should drink and drive, mistakes happen. Should you find yourself under arrest for driving with a prohibited blood alcohol content, cooperating with authorities and taking full responsibility for your actions affords you the best chance of a minimal sentence. Maintaining a serious demeanor – particularly in a mug shot – shows genuine remorse for unlawful behavior and may sway a judge in the accused’s favor.

If you have been charged with DUI in Los Angeles, you may feel confident you’ll get off with a “slap on the wrist.” However, an experienced DUI attorney such as Michael Kraut helps defendants better understand the laws regarding their cases and achieve the best possible outcomes. To discuss your case, contact Kraut Criminal & DUI Lawyers to set up a free consultation.

Published on: July 14, 2014

Behind the Wheel Behaviors That May Be Just as Bad (If Not Worse) Than Driving DUI in Los Angeles

by Michael Kraut

Driving DUI in Los Angeles — as defined by California Vehicle Code Sections 23152 (a) and 23152 (b) — is dangerous, destructive, and potentially lethal.

When you are under the influence of alcohol, your ability to process and react to events on the road changes in bad ways. For instance, alcohol slows your reaction time. (The difference between a fatal, fiery crash and a scary “swerve at the last minute” near-miss might be just a few fractions of a second.)

Also, consumption of alcohol can lead you to engage in other risky behaviors, such as shouting on the cellphone while driving. For instance, if you are sober, and you get into an accident, you might do the smart thing and stop and wait for police. But if you are DUI, and you get into an accident, you might impulsively leave the scene and later get charged with a felony hit and run, which obviously would make your defense much more tricky.

But DUI driving is not the only bad type of driving. Here are two other subtle mistakes that many people make behind the wheel:

• They drive while not well rested.

An Australian study found that sober drivers kept awake for over 24 hours drove worse than DUI drivers. We all know that acute under-sleeping is bad for you, but chronic under-sleeping may also be bad. Perhaps the aggregate risk of sleeping one or two hours fewer than your need, day in, day out, may be worse than the risk of a single drive while exhausted.

• They drive while distracted by their own thoughts.

Driving while distracted by anything can also incrementally increase your risk. Distractions can include: loud music on the radio, a cellphone in your hand, a chitter-chattery passenger, and even the clamor of your own internal monologue. Everyone knows that texting and chatting on the cellphone while driving is a no-no. But how many accidents are caused because drivers are busy composing emails in their head or running through an internal monologue of some sort – as opposed to concentrating fully on the task of driving? Again, it’s riskier to text while driving than it is to space out while driving. But the amount of time that people spend spaced out while driving probably vastly exceeds the amount of time people text. So “spacing out” might actually cause more accidents than texting.

The point is that it’s not just our acute bad habits that put us at risk. It’s the chronic bad habits — the “minor” bad habits — that may arguably do more damage because we do them with so much more frequency.

Becoming a safer driver is not something you can do overnight, but there are many lessons that you can learn from your charges, if you are willing to listen and learn. Step one is to get in touch with an experienced Los Angeles DUI criminal defense lawyer, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Connect with attorney Kraut today for guidance. Continue reading

Published on: July 10, 2014

Wilmington DUI Driver Appears Unremorseful for Deaths

by Michael Kraut

Los Angeles DUI attorneys are closely following the case of 25-year-old Yocio Jonathan Gomez, who received a lengthy sentence on Friday, July 11 for DUI conduct that killed two construction workers in 2012. The guilty verdict included two felony counts of gross vehicular manslaughter and second-degree murder, for which Gomez will spend 34 years to life in prison.

On July 22, 2012, Gomez got behind the wheel of his Ford Explorer with a blood alcohol level of 0.21 percent, almost triple the legal limit of 0.08 percent in California. While driving approximately 90 miles per hour through a construction zone on the 405 Freeway in Torrance, Gomez struck another vehicle, pushing it into construction workers Ricardo Zamora and Ramon Lopez. The collision killed both men.

This arrest, Gomez’s third drunken driving offense, happened while he was serving probation for another offense, which likely contributed to the long length of his sentence. Another factor may have been his lack of emotion or remorse throughout the sentencing hearing, despite emotional testimony from the families of the deceased.

Under California law, second-degree murder charges for DUI drivers are rare and represent a profound disregard for the lives of others. While the standard sentence for such a conviction is 15 years to life in prison, this sentence is increased for each individual killed, and prior offenses do make a difference.

Based on the circumstances of this case, Gomez represents an anomaly among DUI drivers. While a rare number of individuals may act with blatant disregard for the safety of others, the vast majority of DUI drivers get behind the wheel without intending to harm anybody. However, all DUI drivers must take responsibility for their actions and the consequences that follow.

If you currently face Los Angeles DUI charges, you may feel remorseful and afraid. Kraut Criminal & DUI Lawyers understands the complexities of California law and can help you form a strong legal defense. Contact us today for a free consultation regarding your case.