DUI Category Archives — Page 26 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: July 9, 2014

Light at the End of the Long Los Angeles DUI Tunnel

Your Los Angeles DUI arrest might have been your single lowest moment since you moved out to Los Angeles to study at UCSC or UCLA or try to “break in” to the film and television industry. And you’ve had a lot of challenging moments!

Fortunately, you survived the incident. But maybe you hurt yourself or someone else. Or maybe you simply got in so much trouble that your entire career out here (or educational opportunity) has been threatened.

You want to know: will there be any light at the end of the tunnel? Will you be able to move beyond this difficult period in your life and gain stability? Or will you wind up a Los Angeles DUI recidivist and get gobsmacked with penalties, such as a long California driver’s license suspension, months of jail time, and a felony charge permanently etched into your record?

Our memories and past experiences deeply and unconsciously inform our life trajectories. If you were bullied as a kid, for instance, and you suffered social problems at school, the psychological residue of those traumas decades ago can live on and cause you to act out in bizarre or potentially dangerous and self-destructive ways.

When you look at your personal history in a certain light, you can easily fall into a fit of doom and gloom. What’s past is just prologue – or is it?

To answer our question, we really need to look at neuroscience research. Some of the most promising scientific inquires have focused on a region of the bran known as the Reticular Activating System or RAS, which helps you control your focus. The brain receives far too much input on a day-to-day (and moment-to-moment) basis to process, so it intuitively filters out what “you” become conscious of, so you can make effective decisions.

If you are driving, for instance, your RAS will help you focus on the key sensory observations you need to steer your vehicle safely and obscure unnecessary data. For a great example of how powerful the RAS is, go for a walk out in the park. Concentrate on the color green as you walk: focus on green, green, green. Then close your eyes and try to think of all the red objects that you saw. Odds are, you won’t have seen many, if any, because your RAS was telling your brain to look for green stuff.

Likewise, if you have in your mind this conscious or unconscious belief that your Los Angeles DUI is just the beginning of (or punctuation of) a downward spiral in your life, your RAS is going to pull up information that’s going to make that story sound correct and lead you to feel like your life is hopeless or going nowhere.

How to change your story – Step 1

Often, even if we want to, we have a very difficult time to changing our internal stories, even with great conscious effort. Fortunately, other people can assist. Look to a Los Angeles DUI defense attorney at the Kraut Criminal & DUI Lawyers to help you and send your life back on an upward trajectory. Mr. Kraut is a former prosecutor with immense practical experience with DUI cases just like yours.
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Published on: July 1, 2014

Los Angeles DUI for Billy Unger: 18-year-old Disney Star Caught at California Legal Limit

by Michael Kraut

On Saturday, 18-year-old Billy Unger, star of the show Lab Rats on the Disney Channel, was pulled over in Malibu on PCH for driving under the influence in Los Angeles.

Police say that he took a breathalyzer test and blew a 0.08%. That BAC would be over the limit for an adult — in other words, if a 40-year old blew a 0.08% on his breath test, he would face an array of disturbing penalties, including jail time, a one year license suspension, spiked insurance rates, probation, alcohol school and fines and fees.

But when a minor (under the age of 21) consumes alcohol and then gets behind the wheel, he can get in trouble for having an even LOWER BAC level. In fact, underage drivers cannot drive with a BAC level of more than 0.01% — that’s hardly any alcohol at all. This makes sense, since people who are under 21 are not legally allowed to drink.

If you’re a young driver booked for DUI, your consequences can range widely, depending on what happened, and what your BAC level tested to be. If it was really low — like 0.01% — you can face a license suspension, but you won’t necessarily go to jail and have a misdemeanor on your record.

If your BAC level is higher (e.g. 0.05% to 0.08%), the penalties can be enhanced and more diverse.

Other ways to increase your punishments include:

•   You left the scene of an accident (committed a hit-and-run).
•   You hurt someone while driving DUI, which can subject you to punishments per California’s Felony Injury DUI law – CVC 23153;
•   You had been arrested in the past for DUI or have an extensive criminal record;
•   You resisted arrest or behaved in a dangerous or obnoxious way towards police officers;
•   You committed other driving infractions, such as speeding, reckless driving, driving without a driver’s license, etc.

Unger fortunately did not hurt anybody during the incident, and he was released shortly after his arrest. Per TMZ, he joins a long line of Disney stars who have wrestled with drug and alcohol problems. These stars include Orlando Brown, Zac Efron, J.T. Austin and of course Lindsay Lohan.

If you have questions about how to deal with your charges, contact a Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately to schedule a free and confidential consultation.

Published on: June 30, 2014

Do You Need a Perfect Solution for Your Los Angeles DUI… Or Just a “Good Enough” One?

by Michael Kraut

How should you handle your Los Angeles DUI charges?

That question might sound trite. Obviously, you want to minimize/avoid punishments that prosecutors might ask for, which could include jail time, cumbersome probation terms and alcohol school, as well as unfortunate spikes in your insurance rates.

In an ideal world, your DUI lawyer could just snap his fingers and make it as if police never pulled you over on the 210 for cutting across lanes or stopped you at a checkpoint near Caltech. But we don’t live in an ideal world, so “good enough” has to be enough.

Perfection Vs “Good Enough” — Why the Debate Matters for Your DUI Defense

In the world of math, the search for a perfect solution is called an “optimization problem.” Here is a vivid example. Imagine it’s raining torrentially. You need to seek shelter at a high place or you’ll drown. How high do you need to climb above the flood plane to save your life? The answer depends on an astonishing number of variables, including the amount of rain, your swimming ability, how far it is to the nearest high place, whether you can climb aboard a lifeboat or not and just float it out, etc.

The IDEAL solution would be to hike up to the top of Mount Rainer, where the rain is least likely to drown you in the U.S. Obviously, this solution is impractical for many reasons: you just want to find a “good enough” solution, so you can ride out the storm in relative safety.

Likewise, you want to think of your defense in the same way. What does the equivalent of “not drowning” look like for you? Would it mean avoiding a lengthy jail term? Would it mean being able to keep your California driver’s license? The clearer you are about what success means to you, the easier it will be to create a customized battle plan for your defense.

Talk to Harvard Law School educated ex-prosecutor Michael Kraut and his team at the Kraut Criminal & DUI Lawyers to figure out the next steps for your Los Angeles DUI defense. Continue reading

Published on: June 23, 2014

Homeless Man Killed by an Alleged DUI Driver

by Michael Kraut

Most Los Angeles DUI stories that make it into the mainstream press (and get a lot of “buzz” in the blogosphere) involve celebrities, politicians, ironic DUI scenarios, and heartbreakingly dramatic/tragic news.

Unfortunately, “low profile” victims often do not get the attention they probably deserve.

However, occasionally, an accident is so horrific that it captures national attention, even if the people involved do not have their own reality TV shows. To wit: last Sunday, a homeless man died after a crash near the Fifth Street off-ramp of a San Francisco freeway. Authorities believe that a DUI driver hit a tent where the man had been sleeping near the freeway.

According to the California Highway Patrol, 27-year-old Jaime Juarez allegedly smashed into the homeless man and several other people in his Toyota Forerunner after mis-navigating the West Fifth Street exit of 1-80 and then smashing through the guardrail into the tent. The victim died on the scene. Police arrested Juarez for DUI, took him to the San Francisco County Jail and booked him on charges of vehicular manslaughter and felony DUI. Both counts could land him many years behind bars.

California law distinguishes between two main categories of DUI – standard misdemeanor, non-injury DUIs, defined by California Vehicle Code Sections 23152(a) and (b) and injury DUIs, defined by California Vehicle Code Sections 23153(a) and (b).

Prosecutors can also try to enhance your sentence under the following circumstances:

•   You had been driving with an extremely high blood alcohol concentration (e.g. 0.20%);
•   You severely injured or killed someone as opposed to “merely” hurting someone by breaking his arm, for instance;
•   You behaved with gross negligence as opposed to just standard carelessness;
•   You had been arrested and convicted for a DUI offense in the past. If you received a “Watson advisement” after your last DUI, and then you drove DUI again and killed someone, you could be charged with an offense known as a DUI murder;
•   You hit someone and left the scene (hit and run);
•   You evaded police or struggled or attacked police during or after the arrest;

No matter what happened in your case, you deserve a fair and thorough defense. The team here at the Kraut Criminal & DUI Lawyers can help you understand your charges and construct an appropriate strategy. Speak with a Los Angeles DUI defense attorney right now to protect your rights.

Published on: June 11, 2014

Tough Sentence for DUI Defendant in 2012 Case

by Michael Kraut

Few recent Los Angeles DUI cases match the scope or tragedy of a 2012 collision in Miami, FL that killed 13-year-old cheerleader Kaely Camacho.

The accident occurred when Sandor Guillen, 30, struck the Camacho family’s minivan with his Land Rover, tearing the van in half before fleeing the scene. The police later apprehended Guillen in a nearby field and charged him with DUI manslaughter, vehicular homicide, and leaving the scene of an accident. In March, a jury found Guillen guilty on all three counts.

On June 6, Miami-Dade Circuit Judge Ellen Sue Venzer sentenced Guillen to 20 years in prison, as well as 2 years of house arrest, 7 years probation, and a yearly charitable donation in Camacho’s honor.

This tragic case has rocked the community, its notoriety attracting crowds of spectators and much media attention. Although Guillen made no statement of remorse at his sentencing hearing, family members accused the media of making the case into a “modern-day lynching,” depicting the defendant as a monster rather than an upstanding individual who made a terrible mistake.

Cases such as Guillen’s present heartbreaking scenarios to everyone involved. Driving under the influence is a serious charge with heavy consequences, and when a person has died, the tragedy extends to the perpetrator, the victims, their families, and the community.

California DUI Law

Under California law, an individual can be charged with vehicular manslaughter when the defendant violates a traffic law or engages in negligent behavior leading to the death of another person. When alcohol is involved, the offense becomes more complex and severe.

In some DUI manslaughter cases, law enforcement agencies may file premature and excessive charges against the defendant to try to force a plea deal. The media may portray defendants as villains, when in reality, they are simply individuals who have made grave errors.

If you are facing DUI manslaughter charges, you are likely frightened, overwhelmed, and full of regret. You don’t need to face this on your own. A Los Angeles DUI attorney well-versed in California law and the legal system will use every tool available – from accident reconstruction to toxicology to eyewitness reports – to resolve your case.

Contact Kraut Legal Group today to begin your defense.
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Published on: June 9, 2014

Cedar City, Utah Police Officer Faces DUI Charges After Alleged Hit-and-Run

by Michael Kraut

Individuals facing a Los Angeles DUI may relate to Jed Prisbey Imlay, a Cedar City, UT police officer arrested for driving under the influence on Monday, June 2.

On the force since 2005, Imlay doesn’t appear to have any previous marks on his record. However, on the evening of June 2 at around 7 p.m., he allegedly struck a retaining wall with his patrol car near a local baseball field. Although his cruiser was damaged, the retaining wall remained unharmed. However, rather than reporting the incident or waiting for backup, Imlay fled the scene.

After a witness called to report the accident, Imlay was arrested and charged with a class A misdemeanor (driving under the influence) and a class B misdemeanor (leaving the scene of an accident). Considering the Cedar City Police Department’s conflict of interest in the case, the Utah Highway Patrol is leading the investigation.

Since Imlay left the scene of the accident before investigators arrived, it will be difficult to know with certainty what occurred that evening. However, the damage to the patrol car, the eyewitness testimony, and the results of Imlay’s alcohol screening test appear to provide convincing evidence of his culpability.

Although this incident occurred in Utah, it presents several compelling legal issues to Californians, such as:

• How reliable is the information provided by the eyewitness? Did the individual provide a thorough description of Imlay, plate numbers, or other identifying information?

• When was the preliminary alcohol screening (PAS) or blood alcohol test (BAC) administered, and how long after the incident? California Vehicle Code Section 23152 (a) sets the DUI standard at blood alcohol levels of 0.08 percent or more, within three hours of the incident.

• What is the nature of the class B misdemeanor? Under California Vehicle Code Section 20002, defendants aren’t subject to criminal liability unless they cause damage to the other party’s property. Although the retaining wall wasn’t damaged, the patrol car – presumably owned by the Cedar City Police Department – was.

If you face a complex DUI case such as this one, working with a qualified Los Angeles DUI attorney is crucial to ensuring a fair trial. Michael Kraut, a Harvard-trained former prosecutor, knows the law and will work with you to craft a solid defense. Contact Kraut Law today. Continue reading

Published on: June 2, 2014

Double Zap DUI – Police Bring Down Fleeing Suspect with Two Jolts of a Taser

by Michael Kraut

If there’s any state with crazier DUI stories than Southern California, it is Florida.

To wit, consider a bizarre arrest last week out in Manatee Country, where 42-year-old Larry Ryans was busted for multiple charges, including DUI, possession of a concealed weapon and resisting arrest without violence, after he bolted from police while sherriff’s deputies tried to handcuff him.

According to local reports, a deputy stopped Ryans at around 2:20 a.m. on Sunday (a common time for DUI busts, since that’s when Saturday night parties tend to end) at 14th Street and Bayshore Gardens Parkway. Deputies apparently put Ryans through the paces of a field sobriety test and found probable cause that he had been DUI.

And so began the arrest process… But Ryan was having none of it!

Before officers could handcuff him, he twisted and bolted, tearing across the parking lot of a local Target. A deputy brought out his taser gun and zapped Ryans with the taser. The man collapsed onto the parking lot but then got up again and kept running. Another deputy fired a second taser shot, knocking Ryan down and allowing officers to cuff him and book him.

Paramedics treated Ryans for abrasions to his arms and hands and found two taser probes embedded in him – one in his lower left leg and one in his lower back. Deputies also alleged that Ryans had a concealed dagger inside his shirt. Authorities held him on a $50,000 bond.

We’ve discussed in the past how DUI defendants often make their situations (much, much) worse after they get caught, because they resist arrest, leave the scene and otherwise engage in unwise/illegal practices. The job of the defense attorney, therefore, becomes more complicated. The goal is not just to figure out why you got the DUI and what you can do to fight it but also to understand the gamut of other coincidental charges.

Along those lines, police can also say or do things during or after a stop that can complicate the process. Sometimes, the police are justified in taking extreme measures, like using tasers to stop people from fleeing arrest. In other cases, police use excessive force, pull people over without probable cause or otherwise violate people’s Constitutional rights.

The moral is that you need an attorney who can understand the entire context of your arrest — as well as all the charges at play — and construct a defense that’s tailored to your needs.

Fortunately, the team here at the Kraut Criminal & DUI Lawyers has a great track record of building effective defenses. Contact former city prosecutor and Harvard Law School educated Los Angeles DUI attorney Michael Kraut immediately to set up a free consultation.

Published on: May 28, 2014

NFL Contemplates New Penalties for Football Players Who Drive DUI

by Michael Kraut

The Los Angeles DUI defense community is buzzing with news that the National Football League (NFL) may be revising its rules regarding how professional football players should be punished after being caught for DUI.

Why does the defense community at large care? What are the proposed rule changes, and what do they aim to accomplish?

Let’s address the nitty-gritty first and then talk in more general terms about why these proposed changes could have profound ramifications not just for football players and other athletes but for DUI defendants in general.

The NFL Players Association (NFLPA) and NFL are striving to change the substance abuse policy for the league. Right now, first time DUI offenders automatically get fined two game checks. The NFL wants to throw a one game suspension into the mix. The NFL and NFLPA also want to revise the rules about the human growth hormone (HDH) testing process. Both groups agree that HDH testing should be done, but they can’t figure out who should arbitrate any decisions – an independent arbitrator or Roger Goodell, the NFL’s top dog.

The policy changes seem subtle. However, they can teach us several important lessons:

1. DUI policy is always in flux.

The rules governing when and how DUI drivers should be punished are constantly changing, both in the NFL and in state legislatures. To that end, do not attempt to construct a defense by yourself; rather, work with an experienced attorney who understands the latest and most important legal changes.

2. The conventional wisdom almost always favors punitive approaches for dealing with DUI.

One of the key ideas behind the NFL’s proposed policy change is that, by threatening players with even more penalties for driving DUI (i.e. a suspension, rather than just a fine), the league hopes to curb DUI behavior. However, this assumption may or may not be true. Some research, for instance, suggests that ratcheting up punishment in such a fashion does not deter recidivism.

3. DUI behavior is a social phenomenon.

Human beings are deeply influenced — at unconscious or subconscious levels — by how their friends and peers behave. If you play in the NFL, for instance, and you see a lot of your friends or colleagues drive under the influence, you might be more likely to get arrested yourself for that crime. This is not a conscious choice – we just tend to mimic people who we think are similar to us. To that end, if you have been hanging out with a crowd that’s prone to partying and breaking the law, think about getting new friends.

For help understanding your charges and formulating an effective Los Angeles DUI defense, call attorney Michael Kraut today at the Kraut Criminal & DUI Lawyers to schedule a free consultation.

Published on: May 26, 2014

Driver Who Crashed Ferrari at 100 Miles Per Hour Gets 7th DUI, But Won’t Spend a Single Day Behind Bars

by Michael Kraut

When people read about Los Angeles DUI defense stories, they often get suspicious. Are DUI attorneys simply getting dangerous people “off the hook” and causing miscarriages of justice?

The reality is: absolutely not.

Attorneys like Michael Kraut of the Kraut Criminal & DUI Lawyers work diligently to ensure justice and fairness and to protect people who don’t understand their rights and obligations. But every once in a while, some ridiculous story comes down the pike that seems to confirm the popular suspicion that DUI lawyers are simply in business to get dangerous drivers off the hook. This sets our entire cause back substantially.

Consider, for instance, the recent case of Joseph Shaun Goodman, a Washington state man who smashed up his $70,000 silver Ferrari F360 on December 29, 2013, after leading police on a high speed chase. Per news reports, this was Goodman’s seventh lifetime DUI arrest. He just pled guilty to both the DUI charge and a felony charge for alluding police.

However, per his arrangement, he will not spend a single day in jail.

Another man, Henry Griffin, had been riding in the car with Goodman on the evening in question, when police saw his Ferrari speeding and tried to pull him over. Instead of stopping, Goodman fled, driving erratically at high speeds. Griffin called 911 and begged his friend to let him out of the car. Goodman finally slowed down enough so that Griffin could jump out of the car. He did and got pretty banged up as a result.

Griffin, who was still on the line with 911, then reported “I jumped out of the car and now I’m calling you guys because you I’m scared he might be looking for me… he smoked them, man. I mean, he went so fast.”

Griffin later told a local paper “he hit a buck thirty through all the red lights in town… I thought I was going to die, 100%.”

Eventually, Griffin crashed, and police caught up to him. They tested him and found that he had a 0.16% BAC – twice the legal limit in Washington and here in Southern California. He was busted not only for felony eluding and felony DUI but also on suspicion of falsely imprisoning Henry Griffin. Local law says that someone with two or three DUI priors gets, who get caught for DUI again with a BAC greater than 0.15%, must serve a prison sentence of 120 days. But Goodman somehow managed to get out of this penalty, prompting Griffin and two dozen others to protest the lenient punishment.

In Southern California, if you are convicted three times for DUI within a period of ten years, you can similarly face mandatory massive jail time, even if you didn’t hurt anybody, elude police or falsely imprison anyone in your vehicle.

Whether Goodman’s result was another case of “affluenza,” as critics have said, or just a fluke or lucky break is impossible to say.

If you or someone you love wants a free consultation about your rights and options, call former Senior Deputy District Attorney for Los Angeles Michael Kraut today to get the insight you need into your Los Angeles DUI defense.
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Published on: May 19, 2014

Softening DUI Law in Illinois: What Does It Mean for Los Angeles DUI Offenders?

by Michael Kraut

As regular readers of our Los Angeles DUI blog know, penalties for getting convicted even for misdemeanor DUIs can be quite intense and can lead to lengthy license suspensions, substantial time behind bars, massive fees, spikes on your insurance rates, unpleasant probation terms, and more — and that’s just for first time offenders who don’t hurt anyone or commit other crimes.

But DUI law is constantly in flux.

Consider, for instance, a new proposed law out of Springfield, Illinois, where members of the state House voted last Wednesday 15-0 to approve legislation to allow DUI offenders with revoked licenses to get a second chance to get behind the wheel.

Even members of the anti-DUI advocacy group, Alliance Against Intoxicated Motorists, backed the legislation, because it gives deserving people a second chance. The legislation would let people who have been convicted for DUI up to four times obtain restricted permits to drive… with lot of caveats:

•   First of all, they must wait five years.
•   Secondly, they must demonstrate that they have been sober for three years by completing alcohol treatment programs.
•   Finally, they need to install breathalyzer devices in their vehicles permanently.

State representative, Elaine Nekritz, a Democrat from Northbrook, sponsored the bill, and it will now be sent to the floor for a vote.

Is SB 1996 a “good thing” for the community? Does it create hazards for drivers? Should motorists and pedestrians applaud it or condemn it?

These are all very important questions, and they speak to a critical point, which is that DUI legislation really should be based on good science and objective research.

What actually works, in the real world, in terms of reducing fatalities and DUI related accidents on the road?

What actually works in terms of rehabilitating drivers and preventing them from repeating their mistakes behind the wheel?

What actually works in terms of developing auto and road engineering systems to minimize the likelihood of crashes?

California law punishes recidivist (repeat) DUI offenders more harshly than it does first time offenders. For instance, if this is your first DUI, and you are convicted, you may face 48 hours in custody (up to six months behind bars), a one year license suspension, a minimum of six weeks of alcohol school and other penalties.

However, if this is your third or fourth arrest within 10 years, your minimum jail time, license suspension time, and alcohol school time will be jacked up significantly. You may lose your license for three or more years and face way more 48 hours behind bars, depending on circumstances.

No matter what happened in your case, an experienced Los Angeles DUI defense attorney here at the Kraut Criminal & DUI Lawyers is standing by to assist and help you make smarter decisions. Call or email us today for a free consultation.
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