DUI Category Archives — Page 7 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 11, 2016

Illinois DUI Driver Plays Bumper Cars

DUIs in Los Angeles often involve collisions between vehicles, between a vehicle and a pedestrian or between a vehicle and some building. But the DUI driver rarely hits the same object more than once–at least not on purpose.

In Naperville, Illinois, however, John Chiampas was apparently determined to get the vehicle that blocked his route out of the way. According to the Chicago Tribune, Chiampas was driving his 2011 BMW when he struck a Volvo that was stopped by the side of a road. Chiampas hit the Volvo once, and it rolled forward. He proceeded to strike the car from behind several times, at one point backing up and then moving forward again to slam into it.

Fortunately, the family inside the Volvo—a man, a woman and their three children—were not injured.

Published on: July 8, 2016

Victims of Underage DUI Drivers Can Sue Party Hosts

by Michael Kraut

The Maryland Court of Appeals, the highest court in the state, has ruled that parents who knowingly let underage teens drink in their home are liable for damages if a teen injures someone or suffers injuries while under the influence. Although the ruling does not have a direct effect on cases of underage DUI in Los Angeles, justices in state courts do take note of the decisions of their peers in other states.

The ruling by Maryland’s Court came in two cases. One involved Manal Kiriakos, who had been out walking her dogs when she was hit by a car driven by 18-year-old Shetmiyah Robinson. He had been drinking vodka and orange juice at a co-worker’s home. Although the homeowner, Brandon Phillips, knew that Robinson was underage and expressed concern about Robinson’s sobriety, he let the teen drive himself home. When Robinson hit Kiriakos, she suffered life-threatening injuries and is still in pain. So Robinson sued Phillips for serving the teen alcohol.

Published on: July 4, 2016

Supreme Court to Police: Get Warrant for Blood Tests

by Michael Kraut

A recent Supreme Court decision requires police officers to get a warrant if a suspected DUI driver refuses to take a blood test voluntarily. This ruling could eventually impact procedures in future cases of DUI in Los Angeles.

In a split decision, five of the eight justices said that police may not arrest a driver for refusing a blood test if they do not have a warrant. The Court ruled that warrantless blood tests violate drivers’ Fourth Amendment constitutional rights. The same justices also said that the same protection did not extend to drivers when it came to breathalyzer tests, because the breath tests are less intrusive than blood tests.

In dissenting opinions, two justices said that warrants should be required for both blood and breathalyzer tests; one said that they should be required for neither.

The Supreme Court was ruling on three cases—two from North Dakota and one from Minnesota—that had raised the issue of warrantless blood tests for drivers accused of DUI. Those two states, plus 11 others (Alaska, Florida, Hawaii, Indiana, Kansas, Louisiana, Nebraska, Rhode Island, Tennessee, Vermont and Virginia) have laws making it a crime for a driver to refuse a request for a blood alcohol test when an officer suspects that a motorist is driving under the influence.

Published on: June 27, 2016

Glendale Police Vehicle Provides Unique Warning to DUI Drivers

by Michael Kraut

A police car is never a welcome sight to someone who has imbibed enough to risk an arrest for DUI in Los Angeles. But in Glendale, California, the police department is hoping that all motorists will think about the hazards of DUI when they see its new department vehicle coming down the street.

The front of the sedan features a black and white paint job—a traditional cop car look. The rear, however, looks like a yellow taxi.

A press release from the City of Glendale Police Department said the goal of the unique vehicle is to increase public awareness, to create discussion about the dangers of impaired driving and to remind motorists that they need to make responsible decisions when drinking. The police will use the vehicle for educational purposes and not for DUI enforcement.

Published on: June 23, 2016

Texas Court: Implied Consent Valid for DUI Driver

by Michael Kraut

Under California’s vehicle codes, drivers suspected of a DUI in Los Angeles must submit to breathalyzer or blood tests or face a license suspension of one year for the first offense (two years for the second offense and three years for the third) and must pay a fine of $125.

Texas has a similar implied consent law, and the state’s appeals court has just upheld its constitutionality.

Officer Luis Villarreal of the McAllen, Texas, Police Department pulled John Andrew Rankin over on July 19, 2014, after the driver breezed through a blinking red light without stopping. The officer reported that Rankin smelled strongly of alcohol, had bloodshot eyes and slurred his speech. When Rankin failed field sobriety tests, Villarreal arrested him for driving under the influence. At the police station, Rankin refused to take a breathalyzer test.

Published on: June 20, 2016

DUI Driver Charged With Manslaughter After Accident Leads to Death of Unborn Baby

by Michael Kraut

Under a pilot program that became law in 2010, those convicted of DUI in Los Angeles County must use an ignition interlock device on any vehicles they drive for at least five months after a DUI arrest.

Why these draconian rules? Advocates of IID laws are pointing to a recent incident in Miami, Florida, to make the case that tough rules prevent recidivism and save lives.

Jessica Crane, 39, had racked up multiple driving violations before she plowed into a pregnant mother and her two children in Miami in early May. She had also allegedly lost her license 14 times because of failure to pay her fines. According to the Miami Herald, Crane should have been using an ignition interlock device on any vehicle that she drove. But her 2008 Infiniti didn’t have one, so Crane allegedly drove while under the influence and ended up killing an unborn baby. (Her BAC measured 0.22 almost three hours after the crash.)
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Published on: June 15, 2016

Even Worse Than Jail? Places DUI Drivers Really Don’t Want to End Up

by Michael Kraut

A conviction for DUI in Los Angeles can land you behind bars. While that isn’t a pleasant experience, some DUI drivers end up in even worse locations.

The Times-Union in Jacksonville, Florida, reports that St. Mary’s City and Camden County emergency responders found 52-year-old Charles Edward Fields, Jr., sitting in his pickup truck in the St. Mary’s River. Fields said that while traveling home, he became confused and apparently turned onto a boat ramp instead of a side street.

Fortunately, the water at that point wasn’t too deep. Although the truck became partially submerged in the river, police officers assisted Fields out of the vehicle without incident. He agreed to go the police station, where officers measured his BAC above the legal limit and charged him with DUI.

In Denver, meanwhile, police arrested Randolph Blazon for DUI after the 25-year-old’s vehicle ended up inside the Colorado Convention Center. What?? Here’s how it happened. His truck allegedly sped through an intersection, jumped the curb and crashed through the facility’s glass entrance doors, running over a woman’s foot. Flying glass caused minor injuries to several other people. Police reported that Blazon was mumbling, slurring his speech and swaying when they got to the scene.
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Published on: June 13, 2016

How Not to Parent 101: DUI Drivers Win Bad Parent Awards

by Michael Kraut

Children learn from their parents’ behaviors, so people convicted of DUI in Los Angeles might want to ponder the future and think about what their kids might try when they’re old enough to drive. Will your children repeat your actions, or will they be so turned off by the repercussions of your DUI that they’ll vow never to get behind the wheel while impaired?

Here are two stories along those lines to chew on:

• In Richmond, Virginia, a mother left her 16-month-old son and a dog alone in a hotel room while she allegedly went out drinking. Police picked up Taliaferro Troupe, age 34, for DUI shortly before 6 a.m. on a Sunday morning, but the mother apparently didn’t remember to tell authorities or her family members about the child until seven hours later. Troupe’s mother and the hotel staff finally went to the room around 1:30 in the afternoon and found the child in soiled diapers and without access to food and water. No one knows how long the child had been in the room alone.

Published on: June 8, 2016

New Law Says No Tows for DUI Drivers: Is It Fair? Will It Help?

by Michael Kraut

Drivers at risk for DUI in Los Angles sometimes face dilemmas. They don’t want to drive when they suspect they’ve had a few too many, but if they don’t move their cars from a bar’s parking lot, they may risk a tow truck taking it to an impoundment lot. Would they be more inclined to seek alternative transportation if they knew that their cars would remain in place overnight?

The City of Tampa, Florida, thinks that they will. In 2008, the City adopted an ordinance that made it illegal for bars to have vehicles on their lot towed between 9 p.m. and noon the next day, unless they have signed an order authorizing its removal. The law also forbids tow truck drivers from removing any vehicle unless they have a signed order that gives the make, model, color and license plate of the vehicle and the name of the person in the bar who ordered the removal.

But the law has not worked as intended. According to a series of investigative reports by TV 10News in Tampa, neither bar owners nor customers are aware of the law. People interviewed for the news story said that fear of towing did play a role in their decision to drive their vehicles after they had been drinking.

So Tampa’s City Council is now considering another measure to require any bar or restaurant that serves alcohol to post signs telling customers that their vehicles cannot be towed before noon. According to 10News, the goal is to encourage anyone who’s had too much to drink to seek a lift from a cab, Uber, Lyft or a friend.

Published on: June 6, 2016

South Carolina DUI Drivers Retain Moped Option – Should Los Angeles DUI Drivers Get Something Similar?

by Michael Kraut

Drivers convicted of DUI in Los Angeles usually lose their licenses for some period of time, forcing them to seek alternative transportation. They may take the bus, get rides from friends or family members or use cabs or ride-sharing services.

In South Carolina, however, DUI drivers have had another way of getting around the license restriction. They can travel around on a moped, since those vehicles are not subject to the same traffic and safety laws as other motor vehicles.

But moped drivers can expect some changes. The South Carolina legislature just sent a measure to Governor Nikki Haley that will require operators to follow almost all of the state’s traffic laws. When the bill becomes law, police officers will be able to arrest a moped operator for DUI just like they could arrest any other motorist who drives while impaired. (They could not do that under current law.)

However, drivers convicted of DUI who lose their regular drivers’ licenses could still get a special moped license that would allow them to continue to operate these small motorized vehicles.