Los Angeles DUI

Published on: November 18, 2015

5 Wild Truck Accidents to Put Your Los Angeles DUI into Perspective

Your Los Angeles DUI shook you up, particularly if it led to an accident and injuries. However, it can be helpful to see your incident in context. To that end, let’s take a brief tour for five unbelievably crazy truck accidents:

1. Semi Sandwich

On a foggy morning in January 2015, Oregon driver Kaleb Whitby ended up in every motorist’s worst nightmare when he was pinned between two semi-trucks on the icy interstate. Whitby explained that he saw the first semi-truck jackknife in front of him on the road, which caused him to plow into the back of the semi and flip his pickup. The driver described hopelessly gripping the steering wheel as the second semi crushed his pickup like a can of soda. Miraculously, Whitby sustained only minor bruising from the accident, while only a dozen of the other people involved sustained injuries.

2. Truck Meets Road Sign

Published on: November 16, 2015

DUI Driver [and Would Be Rapper] Gets Life Without Parole for Accident That Killed 4

by Michael Kraut

Although drivers convicted of DUI in Los Angeles sometimes face harsh sentences, those jail terms rarely approach the time a judge gave to a man in Austin, Texas, for a March 2014 DUI incident.

Rashad Owens, 23, an aspiring rapper, had been driving while intoxicated and without his vehicle lights on when he spotted a police check point on March 13 around 12:30 a.m. Instead of stopping, Owens took off, driving through a gas station, speeding the wrong way on a one-way street and reaching speeds of 55 miles per hour before crashing through a traffic barrier. He then turned onto Red River Street, plowing through a crowd of people who had gathered for the South by Southwest (SWSW) music, film and interactive festival.

Owens wreaked devastation with his gray Honda Civic. Two people died at the scene, and two died a week later in the hospital. He also injured more than 20 people during his flight.

Published on: November 11, 2015

Arrested for a Los Angeles DUI and Worried about Jail Time? [This DUI Driver Had an Eerie Premonition]

by Michael Kraut

Drivers charged with a DUI in Los Angeles rarely dress like they expect to go to jail. But in the early morning hours after Halloween, police in South Carolina picked up one motorist who apparently had a premonition of where he’d be spending the night.

Fox Carolina reported that an officer with the Springdale Police Department tried to pull Jamal Alexander over on suspicion of DUI. Instead of stopping, Alexander allegedly took off, hitting a patrol car and a porch of a house before ditching his car while it was still moving. When police caught up with Alexander, he threw a loaded gun under a patrol car.

Alexander had probably been out celebrating the Halloween holiday, since he wore a prisoner costume—all ready for his trip to jail. Police charged him with DUI, driving under suspension, failure to stop for blue lights, open container in a vehicle and unlawful carrying of a firearm.

Published on: November 2, 2015

Prosecutor Avoids Jail Time For Second DUI

by Michael Kraut

If a government prosecutor pleaded guilty to a charge of DUI in Los Angeles—for the second time in less than two years—would that prosecutor go to jail? Would someone who wasn’t as well connected end up behind bars? While there’s no way to tell what might happen in Los Angeles, in San Diego County, Deputy District Attorney Rebecca Ocain has avoided jail time in her second DUI case.

The San Diego Union Tribune reported that Ocain, age 39, had pled guilty early in October to a misdemeanor charge of DUI and hit-and-run. Police arrested her in August after she crashed into a cemetery wall and then ran from the scene on foot.

Ocain, who broke her arm during her encounter with the wall, had a blood alcohol content of 0.30%, according to a test taken about an hour after her arrest. That’s nearly four times the legal limit, as defined by California Vehicle Code Section 23152 of 0.08%. But the BAC number San Diego County used during her arraignment in August was 0.20%. In her previous arrest the year before, her BAC was 0.28%. (For reference, a BAC of 0.40% is often fatal.)

Published on: October 30, 2015

So Your Son Got a Los Angeles DUI Charge…

by Michael Kraut

Whether your 16-year-old son disobeyed your explicit instructions and tooled wildly around Sunset Blvd. with his friends, or your college-age-son at UCLA or USC picked up a Los Angeles DUI charge after a big football tailgate, you’re equal parts enraged, sad, confused, and desperate.

Hopefully, your son didn’t hurt anyone (or hurt himself) or rack up additional charges, such as hit and run or extreme DUI (very high blood alcohol concentration levels).

But in any case, you face a suite of challenges:

First, you need to manage your internal emotions and reactions to the situation and figure out how to be constructive.

Second, you want to be a good father (or mother) to your son and help set him straight, if he did do something wrong or out of step.

Finally, you want to help your son get effective help legally to avoid unfair trouble.

First, in terms of dealing with your own emotions and actions, strive to access compassion. Before judging or yelling, take time to understand the facts. What exactly happened? Why? With whom? Etc. Appreciate that you are limited in terms of what you can control about this situation: he is old enough to drive and make his own decisions. In addition to being empathetic, work with him (and an experienced DUI attorney) to develop a strategy.

Recognize your own needs that have been left unmet by the situation, and take care of them. For instance, maybe you feel a loss of control or fear for your son’s safety. How can you make yourself feel better about these issues?

Engage him honestly. Your goal isn’t to litigate the past as a parent but rather to figure out what can be done going forward. If your relationship has been challenging, ask someone else to help you both work through this.

Finally, appreciate that time may be of the essence. If strategic action is not taken, your son can lose his license for a long time, go to jail, face huge fines and fees, and beyond. Rather than try to figure out this system on your own, call Michael Kraut of the Kraut Criminal & DUI Lawyers, an experienced former prosecutor and highly qualified Los Angeles DUI defense attorney.

Published on: October 28, 2015

Lessons about Los Angeles DUI Law from Kerfuffle Over the U.S. Dietary Guidelines

by Michael Kraut

If police recently stopped you on Fairfax or La Brea for speeding and driving under the influence in Los Angeles, odds are that your plate is pretty full. You are probably not thinking too much about global or national issues. Rather, your focus (understandably) is on what you can do to protect your license, stay out of jail, avoid paying massive fines and fees, and avoiding seeing huge spikes on your driver’s insurance premiums.

However, you might find it resourceful to take a step back and consider your DUI situation in a broader context.

Most law enforcement agencies, judges, attorneys and public health and safety advocates hold certain fundamental beliefs about the dangers of DUI as well as what should be done to stop this problem. Some sound science supports these policy positions. But the nature of the discussion about DUI prevention, treatment and punishment is ultimately fluid, even if laws like California Vehicle Code Section 23152 and 23153 don’t radically shift over time.

As our understanding of the science of DUI evolves, our laws, institutions and even culture should follow. But would they? Would solid evidence that we got certain “facts” about DUI change our minds?

As a parallel case study, consider the current battle right now being waged in Washington D.C. over the future of the United States Dietary Guidelines. Every 5 years since 1980, the government has issued guidelines for what Americans should eat to be healthy and fit. This year’s process has been anything but smooth, leading to over 29,000 comments on the USDA’s feedback page and sparking a major public battle over the science of nutrition.

Many high level politicians, scientists and even former members of the DGA Committee have argued that the process has gotten out of hand – that our guidelines are not based on sound evidence and that bias and industry interests are setting the agenda. Notably, the British Medical Journal – one of the most reputable medical journals in the world – issued a scathing analysis of the Dietary Guidelines Committee’s report – a report that typically forms the basis of policy.

While we can’t tell what’s going to happen with respect to this year’s guidelines, there’s a big (if subtle) lesson here for DUI defendants. Just because an authority determines that XYZ is a “scientific fact” doesn’t mean that that person (or institution) is right. Subsequent science could come along to force refinement or even rejection of that initial position.

And that’s all a roundabout way of explaining why it is so important for you, as a defendant, to work with an experienced Los Angeles DUI attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers.

Published on: September 28, 2015

How Much Does the Brutally Hot Fall Contribute to Los Angeles DUI Events?

by Michael Kraut

If you or someone you love recently got stopped by police and charged with Los Angeles DUI, you are likely feeling the heat for more than one reason. Temps across the Southland will continue to be balmy at least until mid-November. In fact, September and October in Los Angeles are, on average, just as hot as July and August. This raises a pertinent question: does our strange Southland climate impact DUI events and arrests and, if so, how? And what can be done to protect drivers and bring arrest rates down?

The truth is that we actually don’t have solid empirical data to answer these questions. Even if we could identify some correlation between DUI arrests and particular times of year or weather phenomena, we couldn’t necessarily draw conclusions about their meaning.

For a classic example, consider fall holidays like Halloween and Thanksgiving – times of the year when DUI rates predictably spike and which many analysts blame on the holidays. Clearly, there is some reason why DUI arrests spike during these times, but why?

Possible hypotheses include:

• More people consume alcohol and drugs on holidays;
• More people are off work during the holidays, and thus they are more likely to be on the road. (As the total number of drivers on the road increases, the total number of DUI drivers also necessarily increases in proportion);
• Police patrol more for DUIs during these times of years, so arrest rates naturally go up because of the increased police presence;
• More people travel to unfamiliar places – as opposed to just driving to work and home – on holidays. Thus, more people will engage in awkward driving behaviors that lead to accidents or arrests;
• More people are distracted by the excitement of the holidays – and thus they’re more likely to engage in bad driving decisions that attract police attention.

The moral of the story is that it’s hard to pick out what causes what when looking at DUI prevention methods.

To create the “gold standard” science on DUI prevention, you’d have to randomize different groups and allow some groups to consume alcohol and drive while others to drive sober and engage in expensive and extensive rigorous trials that would put people at risk. Not possible, not even ethical.

Fortunately, the science of DUI prevention isn’t critical for you to know if you or someone you love has been charged with a Los Angeles DUI, and you need help with your defense.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers has been an effective Los Angeles DUI defense attorney for nearly two decades; he and his team can help you identify an appropriate strategy.

Published on: September 21, 2015

Unhappy Fate for Daughter of Anti-DUI Crusader

by Michael Kraut

Imagine how would you feel if you spent a career trying to get drivers suspected of DUI in Los Angeles off the road—only to have your own daughter fall victim to one?

The online media has been full of stories about Officer Dan Shragal, a 20-year veteran with the Indianapolis Metropolitan police. During his time on the force, Shragal has arrested close to 4,000 drivers suspected of DUI. It’s too bad he couldn’t have stopped at least one more.

Shragal’s daughter, 22-year-old Kirstin Burton, was driving down the road in Dayton, Ohio, with her 14-month-old son Orion on August 22nd.when a pickup truck driven by 32-year-old Walter Bradley slammed into her car. The impact pushed Burton’s car into a tree and killed her outright—emergency personnel pronounced her dead at the scene. It also critically injured her son, who was riding in the back seat of the car. Hospital personnel were uncertain at first if they were going to be able to save him because he had lost so much blood, but his prognosis is now good.

One eyewitness said that Bradley first hit the car of his (the witness’) wife, then hit a taxicab before Burton’s vehicle. Bradley tried to flee the scene, but witnesses chased him down and held him until police arrived. They reported that he was covered in blood.

In a sad irony, Officer Shragal received the call about the crash when he was taking a quick break from his job, which that evening involved working at a DUI checkpoint in Indianapolis.

Shragal said that his daughter’s death has made him more committed than ever to keeping DUI drivers off the road. Fox 59 News quoted him saying, “I don’t want to have another father bury his daughter or his son or children to lose a mom or a dad. It is destructive.”

Officer Shragal’s tragedy is profound, and it vividly illustrates the unimaginable costs of DUI. If you stand accused of DUI, stories like this must make you stop and take notice. Not only do you want to clear your name (if possible), but you also want to get to the root of why you got in trouble in the first place and do whatever it takes to make amends and become a much safer and more conscientious driver.

As a frequent contributor to respected media, like The New York Times, The Los Angeles Times and Good Morning America, Los Angeles DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

Published on: September 10, 2015

Camera Catches Strange DUI Incident

by Michael Kraut

Incidents of DUI in Los Angeles can result in drivers exhibiting some very unusual behaviors. But when someone who saw the event tries to describe what happened, other people may find their story hard to believe. Fortunately for police officers in Rowland Heights, California, they can produce video evidence to confirm that what they said happened to cause a crash actually did occur.

The dash cam on the car following Jasmine Lacey’s 2010 Hyundai Sonata on Harbor Boulevard captured the whole incident. (The car’s owner posted it on YouTube, where almost two million people have viewed it.) In the video, you first can see Lacey’s car traveling in the left lane but swerving over the center line several times. All of a sudden the car comes to an abrupt halt and the 22-year-old Lacey hops out and runs to the median strip. (Fortunately the driver behind had maintained a safe driving distance and could stop his own vehicle in time.)

But Lacey had neglected to do one important thing—turn the car off. So with the front door still swinging wide open, the car kept moving downhill on the right side of the highway for a short time before crossing the median strip. The Sonata then headed into traffic going in the opposite direction, colliding with an SUV. (Another vehicle, unable to stop in time, then rear-ended the SUV.) Lacey’s car, meanwhile, traveled across the traffic lanes to the side of the road, where an encounter with two small trees finally ended its journey.

By some miracle, neither driver involved in the crash with Lacey’s car suffered serious injuries. Police officers arriving at the scene took Lacey to the hospital and eventually charged her with DUI. But officials dismissed charges against her the next day citing lack of evidence.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ Michael Kraut for insight and peace of mind. Mr. Kraut is an experience Los Angeles DUI attorney with many relevant connections in the local legal community.

Published on: September 9, 2015

DUI Drivers Hit The Wall, The Fence, Horse Trailers—And A Train

by Michael Kraut

A collision with an inanimate object often brings to a halt the odyssey of a speeding and/or reckless driver suspected of a DUI in Los Angeles or in any other location.

Take the case of 65-year-old Huyesin Oflu of Frankford, Delaware. Before police caught up with him in the early morning hours of Wednesday, August 26th, he had managed to cross a median strip and two lanes of travel on DuPont Highway. Oflu then hit a fence, but that didn’t slow him down. He proceeded to ram two horse trailers, a fence (which he went through), a utility box and a road sign. Oflu’s vehicle ended up in the parking lot of a convenience store, where Delaware state troopers found him. They charged him with DUI, failure to remain in a single lane, failure to carry proof of insurance and littering.

Local police arrested Anna Stafford, 45, of Western Springs, Illinois, after they watched her hit a retaining wall while attempting to turn into a driveway. According to the La Grange Patch, the officers had responded to reports of a car swerving all over Wolf Road. When they caught up with Stafford they found an open bottle of alcohol in her car. Stafford’s subsequent arrest for DUI wasn’t a new experience for her; this incident marked the fourth time police picked her up for DUI.

While a moving train doesn’t exactly qualify as an inanimate object, the Union Pacific freight car that Brandy Jo Johnson slammed with her 2007 Honda minivan did bring her trip to an end. (The flashing railroad warning lights at the train track/road intersection had failed to stop her.) When they arrived at the accident scene, Franklin County police found Johnson’s minivan on its side down a nearby embankment; Johnson, almost miraculously, did not suffer serious injuries. She will face DUI charges, however.

Do you need help defending against a serious charge? Call a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately.