DUI Category Archives — Page 30 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: December 6, 2013

Pasadena DUI Sports News: Erin Henderson, Linebacker for Vikings, Busted for DUI

If you’re getting tired of reading Pasadena DUI sports stories about NFL players arrested for driving under the influence, causing accidents, etc., don’t expect a break in the action any time soon.

Case in point, Erin Henderson, a middle linebacker for the Minnesota Vikings, was just arrested for DUI in Eden Prairie for driving under the influence and possessing a controlled substance. The Viking’s GM, Rick Spielman, called what happened “unacceptable and disappointing.” But the team did decide that Henderson could play in the December 1st game against the Bears.

Henderson, fortunately, didn’t hurt anybody. But if you do hurt someone while DUI in California, you can be charged according to California Vehicle Code Section 23153, the so called a “injury DUI” code. This elevates standard misdemeanor charges to felony charges.

Nevertheless, the ramifications of the DUI could haunt Henderson and possibly his team as they fight for a playoff spot. Henderson apologized to his teammates and to the Vikings and called the DUI bust “a wakeup call.”

Taken in a broader context, Henderson’s arrest might indicate that a bigger pathology is at work in the NFL. As this blog and other sources have reported, it seems like NFL players are arrested for DUI on a weekly or even biweekly basis. In most cases (fortunately) these incidents don’t lead to injuries. But that’s not always the case. Earlier this year, a Dallas Cowboy’s football player got into a crash that killed a teammate.

It’s interesting to note the association between the spate of DUIs and the number of NFL-related injuries. Nearly a third of all NFL players have been placed on injured reserve at some point during the 2013 season.

Associations are only good for coming up with hypotheses though, so avoid jumping to conclusions. For instance, you could form a hypothesis that playing in the NFL causes brain damage, which makes players more likely to make dumb decisions, like the decision to drive DUI in Pasadena and elsewhere.

But as with any hypothesis, you’d need to test this idea rigorously and scientifically. For instance, reporting or statistics biases could be at work. Perhaps people who are drawn to playing professional football are also drawn to more risk taking in general.

If you or a family member or a friend needs help with Pasadena DUI defense, please connect with the team here at the Kraut Criminal & DUI Lawyers for a fair, thorough case evaluation. Mr. Kraut is an ex-prosecutor and Harvard Law School educated Pasadena DUI defense attorney.

Published on: December 2, 2013

Burbank DUI News: Blood Testing Debacle in Tennessee Threatens Nearly 2,000 Cases

by Michael Kraut

Were your Burbank DUI blood test results foolproof?

Perhaps… but then again, perhaps not.

Odds are high that police followed proper procedure and avoided breaking laws or trampling your Constitutional rights. But you never know.

Consider in this context a spectacular story out of Tennessee. A former special agent, Kyle Bayer, just got canned, after a police investigation showed that Bayer had tampered with a DUI blood test. Bayer’s mishandling of evidence could jeopardize literally thousands of DUI cases throughout the state.

The Tennessee Bureau of Investigation (TBI) says authorities learned about Bayer’s misdeeds, after a local defense attorney cross-checked the blood results for a client accused of vehicular homicide. Dale Edward Farrell caused a vehicular death on March 16, killing Knoxville, TN architect, Edward Bankston. Farrell submitted a blood test, and it came back from the lab at 0.24 percent BAC. (As regular readers of our Burbank DUI blog know, that number is exactly three times the legal limit for driving under the influence in Southern California, per California Vehicle Code Section 23152.)

When Farrell’s defense attorney submitted the blood test, however, it came back at 0.01 percent – 8 times below the legal limit… and 24 times below what the original blood test showed!

An executive at TBI, Robert Daniel Royse, wrote about what happened: “All indications are that this is an isolated incident by an examiner who, despite extensive training, switched two adjacent blood samples at the onset of an analysis process and then failed to follow a number of procedural checkpoints, which would have caught the error.”

Once this information came to light, Farrell’s vehicular homicide and DUI charges were dismissed. It’s still unclear how this fiasco will resonate: will other DUI convictions be overturned? If so, how many?

But this story clearly illustrates that DUI defendants in Burbank (and elsewhere) should NOT simply accept test results at face value.

If you or someone you love was recently been stopped at a checkpoint on Olive or pulled over on the 134 under suspicion of DUI, an attorney with the Kraut Criminal & DUI Lawyers can explain your rights and develop a methodological, insightful defense. Connect with an experienced Burbank DUI defense attorney at the Kraut Criminal & DUI Lawyers today for more help with your case.

Published on: November 16, 2013

Perfect Example of What NOT to Do After a Stop for DUI in Los Angeles

by Michael Kraut

Think of the most self-destructive thing you could possibly say or do after a Los Angeles DUI arrest.

Keep thinking… because there is almost no way you’re going to be able to beat what 55-year-old Billings, Montana resident, Carol Frances Omeara, allegedly told police officers.

On October 8th, police arrested Omeara for her fourth lifetime DUI, after she called police from her car to tell them that she was “just too damn drunk” to leave her vehicle. According to local reports, Omeara consumed an entire pint of vodka in just 5 hours and then got behind the wheel. When she called officers at around 10:40 PM, they wanted to know whether she had a “medical or mechanical issue,” to which she responded: “No, I’m just too damn drunk.”

Police came to the scene, shortly thereafter, and freed her from her vehicle. They then gave her a breath test. She blew a whopping 0.311% BAC reading. That’s nearly four times the legal limit for driving under the influence in Southern California (or anywhere in the U.S., for that matter).

In fact, Omeara is actually lucky that she didn’t die. At around the 0.30% or 0.40% BAC mark, you can suffer serious medical problems. For instance, you can go into a coma, suffer liver or organ damage, and experience other catastrophic, unwelcome side effects.

Omeara’s cry for help was actually less “crazy” than it seems.

She had been stuck in her car for four hours, right outside her home. (She was just a few feet from her house!) But imagine if she had been stuck in a snowstorm and had lost reception on her cell phone. She could have frozen to death in her car. Alcohol is a natural vasodilator; it releases heat from your body’s core. (That’s why you get a “warm flush” when you have a glass of whiskey on a cold day).

In other words, she could have frozen to death just feet from her own home.

Not that she’s going to have an easy time defending against a 4th DUI, either.

If you’re convicted multiple times for driving under the influence in Los Angeles, you can face substantially increased penalties, such as more jail time, felony charges, a longer license suspension, and other unpleasantries.

To make sense out of your Los Angeles DUI charges and advocate aggressively for your rights, connect today with Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a Harvard Law School educated ex-prosecutor. He serves as legal expert for KTLA News, LA Weekly, and other respected publications throughout the Southland and beyond.

Published on: October 28, 2013

Long Beach DUI News: Jay Ratliff (of the Dallas Cowboys) Whacked with DWI Charge

by Michael Kraut

Driving under the influence in Long Beach – or really anywhere in the country – can ruin your career. That’s true whether you’re a grocery store clerk or an NFL Pro Bowl superstar.

Consider the recent arrest of Jay Ratliff, a starting nose tackle for the Dallas Cowboys, who was arrested recently in Grapevine, Texas. He rammed an 18-wheel truck with his Ford F 150 truck while allegedly DUI. No one got hurt in the crash – Ratliff was the only person in his truck.

A local police officer, Sam Shemwell, said that Ratliff refused a breath test. But police asked for and got a search warrant to do a blood test on Ratliff. His toxicology reports have not come back.

The nose tackle’s arrest came just a month and a half after a much more awful disaster took the life of Cowboys’ linebacker, Jerry Brown. We covered that story when it happened. But to refresh your memory: Josh Brent, another Cowboy, got into a DUI accident that led to Brown’s death.

If convicted of the charge of intoxicated manslaughter, Brent could face two decades behind bars.

After what happened with Brown, the Cowboys have asked all players to install something called “safe key” in their cars. This device is similar to the interlock ignition devices (IID) that Long Beach DUI convicts often must use in their vehicles. The device prevents people from driving if they test positive for alcohol in their system.

Back in December, Ratliff got into a “volcanic” shouting match with Jerry Jones, the owner of the Cowboys. Jones recently told ESPN.com “As far as I’m concerned [Ratliff] is outstanding. He has given everything he has ever had to the Dallas Cowboys.”

Who knows how Jones will react to Ratliff’s recent arrest? But the DUI problem is certainly not going to help him with his employer.

That goes for anybody who has been arrested for a crime like Long Beach DUI. When you get in trouble on the 405 or elsewhere — even if you’re nowhere near work — your problems can follow you to the office. For instance, if you lose your license after a Long Beach DUI, you may not be able to get to your job. Furthermore, your arrest can reduce your employer’s trust in you, make it more difficult for you to find new work, and create other challenges and financial burdens.

So what should you do?

If you haven’t yet connected with a Long Beach DUI criminal defense lawyer, consider talking today to attorney Michael Kraut with the Kraut Criminal & DUI Lawyers. Mr. Kraut is a Harvard Law School educated ex-prosecutor who has tremendous, extensive experience helping clients like you get good results and feel back in control of their lives.

Published on: October 3, 2013

Glendale DUI News Alert: Echoes of Rodney King Beating in Videotaped Police Brutality against Woman Busted for DUI in Tallahassee

by Michael Kraut

Getting arrested for DUI in Glendale (or anywhere else) can be an emotionally and physically taxing process.

Sometimes, drivers become aggressive, defensive, petulant and even downright dangerous. We’ve covered more than one story on this blog, involving drivers who’ve committed hit and runs and police officer assaults during and after DUI stops.

But sometimes the police make mistakes, too – sometimes huge and awful ones.

Consider the story of 44-year-old Christina West, who was arrested in Tallahassee on August 10 for DUI. Allegedly, West drove her car off the road into a house in the town of Killearn. Six police officers showed up to deal with her – a 5”6’, 130-pound woman.

And then things really got out of control.

Graphic video footage of the arrest shows officers slamming the woman’s head into a police car and then smashing it into the pavement. Her screams of pain can be heard in the video. Pictures taken later show her with a broken face bone, a hugely swollen eye, cuts all over her arms and legs, and a bloody nose – injuries she sustained due to the police beating, not due to the car crash.

Officers at the scene contended that she had been resisting arrest, but the video footage seems to clearly show that the officers used excessive force in taking her down. State attorney Willie Meggs expressed his shock and disgust. He told the Tallahassee Democratic Court “I’m extremely upset … it is a very disturbing situation to me, and I am dealing with it.”

Scott Maddox, the City Commissioner, responded via email to Meggs, regarding the video, and wrote: “The video taken from the police car shows the roadside sobriety test as well as the arrest of the subject … it also shows DISTURBING use of force against a completely nonaggressive arrestee. It is my belief that the City of Tallahassee will soon face a liability lawsuit based on the content of the video.”

In the probable cause statement, the arresting officers did not mention smashing the woman’s face on the hood of the car or on the pavement, but the video clearly shows these aggressive and brutal tactics.

Prosecutors have already dropped battery charges against West, although the charge of DUI is still open. It’s not clear how or whether West will respond legally to the beating. The whole affair is certainly sordid and scary.

Most police officers who stop people at Glendale DUI checkpoints or arrest people on freeways like the 101 and 134 for DUI are respectful, law-abiding, well-intentioned people.

But not always!

And even the best-intentioned police officers can make mistakes, such as mis-calibrating breath tests or mis-interpreting Glendale field sobriety tests.

Fortunately, a Glendale DUI defense attorney with the Kraut Criminal & DUI Lawyers can provide insight into your case and help you strategize effectively to shield your rights and obtain a fair outcome.

Published on: September 13, 2013

Pasadena DUI Viral Hit: 22-year-old Admits to Fatal Hit and Run on YouTube: Video Racks Up Over a Million Hits

by Michael Kraut

Pasadena DUI events are inherently dramatic – even more so when they involve serious injury or death.

Unfortunately, even raw, deeply disturbing cases don’t always get the kind of coverage they probably should. Perhaps we’re just numb to stories about DUI in Pasadena and elsewhere. Perhaps we’re just overwhelmed by our lives — we’re preoccupied.

Every once in a while, however, some event comes out and punches us on the gut and reminds us of the dangers of DUI and of the emotional toll these events can take.

22-year-old Matthew Cordle did just that, when he posted a video on YouTube taking responsibility for a hit and run DUI. The crash killed 61-year-old Vincent Canzani, who died in a wrong-way collision on Interstate 670 near Columbus, Ohio. Cordle posted his confession to the site “Because I Said I Would” and took full responsibility for the fatal wreck. He said “my name is Matthew Cordle, and on June 22, 2013, I hit and killed Vincent Canzani… I will take full responsibility for everything I have done to Vincent and his family… the reason [for my confession] is so that I can pass that message onto you. I’m begging you, please don’t drink and drive.”

Matthew’s mother, Kari Cordle, posted support of her son’s video on her Facebook page: “I’m posting this video to support my son in his goal to get out his sincere and powerful message to never drink and drive … I’m proud of his courage and strength to see this through. Thank you, son.” Prosecutors say that he had a BAC of 0.19% – nearly 2.5 times the legal limit for Pasadena DUI.

Cynics speculated about Cordle’s “angle” – was he trying to use the sympathy generated by the video to obtain a more lenient sentence? Was he making a play to “judge shop” to get a judge who might give him a more lenient sentence?

But most viewers had a very positive, sympathetic reaction to the post. In fact, even Cheryl Olcott, the ex-wife of the man killed in the DUI, was appreciative. “[Cordle] said ‘I made a huge mistake and I’m going take what’s coming to me’… you got to respect him for that … it’s gut-wrenching coming from a mother looking at the young boy, and he just doesn’t understand the damage that he did.”

Cordle even said on the video that he was “handing the prosecution everything they need to put me away for a very long time.”

If convicted of aggravated vehicular homicide and driving under the influence, the 22-year-old could face nearly nine years behind bars, according to local prosecutors.

If You Seriously Hurt Or Killed Someone While DUI in Pasadena

California law understandably punishes Pasadena DUI drivers more when they hurt or kill other people.

In fact, typical DUIs are prosecuted as misdemeanors under California Vehicle Code Section 23152. But so-called “injury DUIs” in Southern California are prosecuted according to a different vehicle code section – 23153. That’s only one number different. But the implications are profound.

That means if you caused even just a minor injury to someone else – such as whiplash or bruises – you could wind up behind bars for over a year. And, of course, the charges can get substantially elevated, if you seriously hurt someone or killed someone. You could be charged with vehicular homicide, manslaughter, or even DUI murder in an extreme case.

So what can you do to begin to build a defense?

An experienced and compassionate Los Angeles DUI criminal defense lawyer from the Kraut Criminal & DUI Lawyers can help you unpack your charges and defend against them. Mr. Kraut is a former Senior Deputy District Attorney for the City of Los Angeles, and he serves as a legal expert for ABC, Us Weekly, and many other respected publications.

Published on: August 8, 2013

What’s the Right Punishment for 16 DUIs in Burbank – 99 Years or 2 Years Behind Bars?

by Michael Kraut

You just got a Burbank DUI. Maybe it was your first. Perhaps it was your second. Hopefully (fingers crossed) it wasn’t your third or fourth. But odds are, you’re at least still in the single digits.

What happens if someone gets 16 DUIs within a lifetime? What should the appropriate punishment be?

Surprise, surprise, this horrendous situation has happened more than one time in history. The courts have found very different ways of punishing the situation.

Consider first the case of James Steven Corley, a resident of Conroe, Alabama, who was stopped by a Montgomery County Sheriff’s deputy on August 28th, after an officer saw the 52-year-old weaving in and out of traffic – while driving with a broken taillight, no less.

The officer pulled Corley over, and then a second deputy put him through the paces of a field sobriety test. (Burbank field sobriety tests typically include roadside “quizzes” such as: touch your finger to nose while keeping your eyes closed; count backwards from 100 by 3s; stand on one leg; walk the painted line, etc.)

Corley failed the FST, but his BAC level was somewhere between 0.05% and 0.1% — for reference, the limit for Burbank DUI, per CVC Section 23152, is 0.08%. So he wasn’t “that” under the influence, if he was at all. However, there was some additional “stuff” going on. First of all, he had taken prescription medication, which amplified his incapacity. Secondly, he had just allegedly assaulted and burglarized his girlfriend, and he was running away from her.

In any event, the court had enough of Corley and whacked him with a 99-year prison sentence for his 16th DUI.

Meanwhile, 60-year-old Robert Groethe recently racked up his 16th conviction (his first happened way back in 1977). Stunningly, 11 of 16 of his convictions were felonies. In June 2012, he smashed into a car near a casino in Rapid City, South Dakota. Tests revealed that he had a BAC level over thrice the legal limit, and he destroyed nearly $3,000 worth of property. Stunningly, however, due to quirks of South Dakota law, Groethe got away with just a two year jail sentence with a chance of parole in less than a year.

That’s barely over the maximum penalty for a first time misdemeanor DUI in Burbank, and it could even be more lenient than first time DUI with injury.

This “tale of two 16 DUI stories” isn’t to suggest that one punishment is more appropriate than the other. Rather, it highlights how fluid DUI defense can be. Your punishments – and future – can hinge on an enormously diverse set of factors, including whether this is your first or second time DUI; whether you hurt anyone; and how effective your Burbank DUI attorney is at building a case on your behalf.

Look to the very experienced and highly ethical team here at the Kraut Criminal & DUI Lawyers to help put together your defense. Attorney Kraut is a respected ex-prosecutor who has helped many people just like you with their Burbank DUI defenses.

Published on: August 1, 2013

What’s the Highest Long Beach DUI BAC Level Ever Recorded?

by Michael Kraut

As your blood alcohol concentration goes up, your likelihood of DUI in Long Beach increases.

But what are the record BAC levels?

If you’ve had any alcohol education, you’re probably familiar with the general classifications. If your BAC is over 0.08%, you’re considered DUI under Long Beach law, and you can be charged and convicted of a misdemeanor. As a result, you can lose your license for a year; lose your freedom temporarily; and pay significant court costs and fines.

As your BAC level goes up, your risk increases, and your ability to drive (or do any task) degrades. If you’re substantially over the limit – BAC of 0.25%, for instance – prosecutors can hit you with extra charges, even if it’s only your first time.

Above a BAC of 0.30%, you have to worry not just about punishments but also about your health. The human body can only take so much alcohol before the system starts to shut down and acute alcohol poisoning wreaks havoc. A BAC of 0.50% can often lead to death or brain damage.

But there have been people who have had BACs way above that number. Some have even lived to tell the tale.

For instance, according to list compiled by Coed.com (not exactly Reuters, but this isn’t a scholarly journal article), a Bulgarian man went to the hospital after getting into a serious car accident. Physicians noticed a smell incredibly like alcohol. They gave him a breathalyzer, which recorded an astonishing 0.914% BAC.

Meanwhile, in France, another man got into a serious crash in Bourg-en-Bresse and tested to have a BAC of 0.976%. That’s over 10 times the Long Beach DUI limit! Amazingly, all he lost was his license and €150 – at a BAC level where most people would have lost their lives.

The all-time “prize” goes to a man from Wroclaw, Poland, who crashed his car after “beer bonging” pure grain alcohol. Actually, the car he drove wasn’t his – he stole it from his work. Investigators tested and found that his BAC was an astonishing 1.48%. More than 1/100th of the man’s blood was pure alcohol! He did survive the crash initially, but he ultimately succumbed to injuries that he sustained. Perhaps all that alcohol weakened his immune system.

Two other BAC levels above 1% have been recorded in Poland. A man was found half naked on the streets while temperatures were below 10 degrees Celsius. He had a BAC of 1.024%, but he somehow survived everything! Another man in Skierniewice, Poland survived a DUI accident, despite having a BAC of 1.02%.

For assistance with your Long Beach DUI case, connect with the team here at the Kraut Criminal & DUI Lawyers today for serious, thoughtful and experienced insight with your case.

Published on: September 27, 2012

No More Los Angeles Petty Theft Charges for Lindsay Lohan: Prosecutors Drop Case against Actress

by Michael Kraut

Did Lindsay Lohan perpetrate theft in Los Angeles and add yet again to her litany of brushes with the law?

We’ll never know, since the Los Angeles Police Department has now closed a case against her, after prosecutors abandoned the idea of filing charges. News reports noted that detectives at the LAPD wanted to chat with Lohan about an event that occurred on August 18th, in which a credit card, cash, and some sunglasses were swiped from a home in the Hollywood Hills.

One of the victims, millionaire Sam Magid, apparently had a long-term relationship with Lohan. Prosecutors encountered trouble because eyewitnesses refused to cooperate, and the victims also did not want to go through the hassle of prosecuting, for whatever reason. Out of possibilities, the LAPD basically gave up: good news for Lohan, whose acting career has taken a backseat to her tabloid exploits – most famously her 2007 Los Angeles DUI and probation violations, which this blog and other media sources covered at length.

Published on: March 5, 2012

Beverly Hills DUI 101: A Brilliant Example of How to Do Everything Wrong

by Michael Kraut

If you were recently stopped for driving under the influence in Beverly Hills – either at a checkpoint or on Santa Monica Boulevard or wherever – you probably feel pretty humiliated and frustrated. Perhaps you should be. But odds are that your stop was not nearly as embarrassing as what happened to 20-year old Bryan Gray of Aurora, Illinois last week. According to local Illinois police reports, Aurora pulled off a trifecta of bad driving behaviors. Surprise, surprise, these actions culminated in an injury accident. Police said that Gray had been doing the following dangerous acts – all in combination:

1. Speeding
2. Texting while driving
3. Driving under the influence of alcohol

To make matters worse, he drove early in the morning on Sunday – one of the more dangerous times to be out on the road. (so many drivers are coming back from bars and late night parties).

Anyway, guess what happened? While he texting his brother, Gray glanced up and noticed – way too late – that he was driving straight into a building. He couldn’t stop and instead slammed into a building on 3000 Weber Drive. Fortunately, Gray was not killed, nor was anyone else. But it’s easy to see how a situation like that could have led to a fatality or multiple serious injuries.

Illinois residents probably remember all too well the rather sickening story of police officer Matt Mitchell, who killed two teenage girls while travelling at over 100 miles per hour WHILE text messaging on his phone. Mitchell earned national headlines (and a lot of rage) when he turned around and sued the state for workers’ comp benefits for injuries he sustained in that crash (he was on duty at the time).

Your Los Angeles DUI attorney will need to go over every aspect of your case to determine what arguments prosecutors might make against you. Dangerous actions that you took – or safety precautions that you failed to take – can be used against you. For instance, had Gray not been speeding or driving under the influence, he still might have crashed into the building and hurt himself and other people. But because he allegedly engaged in all three dangerous activities at once, prosecutors have more “ammunition” against him.

To craft your most appropriate defense of the Beverly Hills DUI, you need to be very forthcoming with your Los Angeles DUI attorney – honest and open about what happened – and you have to anticipate and effectively counter argue the charges and evidence that the prosecution will throw against you.

Of course, understanding what the prosecution will do requires being able to put on a “prosecutor’s hat” and think like the other side will. Even experienced and adept attorneys who deal with cases like DUI in Beverly Hills are often unable to do this because they’ve never fought legal battles from the other side. Fortunately, you have an ally in attorney Michael Kraut. As the founder of the Kraut Criminal & DUI Lawyers in Beverly Hills (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), Mr. Kraut actually served as a prosecutor for a long time – over 14 years. He uses this unique perspective and his insights into the prosecutor’s mindset to come up with efficient, compassionate, and successful strategies for his clients. Mr. Kraut is a Harvard Law School educated attorney, and he provides free and confidential case consultations.