Punishment

Published on: May 6, 2015

No Alcohol Sales to DUI Drivers?

How much is too much when it comes to punishing drivers caught driving under the influence? People who have lost family members or suffered serious injuries in a Los Angeles DUI would probably argue that the current laws don’t do enough to discourage driving under the influence. But people who have lost their licenses or their jobs because of a DUI offense would probably say they were punished too severely.

A lawmaker in Oklahoma wants to add another penalty for anyone convicted of the offense in his state. He’s introducing a bill that allows a judge to ban DUI drivers from buying or consuming alcohol for a set period of time.

According to the Washington Times, State Senator Patrick Anderson wants convicted DUI drivers to carry a special identification card that would alert alcohol sellers like bartenders and liquor store clerks to the restriction. Any seller that didn’t comply could face fines up to $1,000 and up to a year in prison.

Anderson said he modeled his bill on Alaska’s current law, which permits judges to restrict convicted DUI drivers from alcohol purchases. These drivers must carry a license marked with a “J” and carrying the words “Alcohol Restricted.”

In New Mexico, State Rep. Brian Egolf has introduced a similar bill for the second time. It would ban the sale of alcohol to anyone required to use an ignition interlock system after a DUI conviction.

Meanwhile, in Tennessee, the state Senate defeated a proposed bill to ban alcohol sales to people who have had more than three or four DUI convictions.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

Published on: May 4, 2015

Driver Could Spend Half Century in Jail after DUI Conviction

by Michael Kraut

When someone’s convicted of a DUI in Los Angeles for the third or fourth time, the penalties can be steep and include up to 16 months in state prison. If a death resulted from that DUI, the punishment for the offender can rise to five years in jail.

But California’s DUI punishments are very light compared to those imposed by a Pennsylvania judge on a man convicted of DUI in his courtroom. Thomas Gallagher Jr., age 29, will be spending 20-50 years in prison after killing 18-year old Meredith Demko in an accident last July. The crash also injured one of the two passengers in Demo’s car, although the injuries were not life-threatening.

Gallagher was speeding and weaving through traffic on the afternoon of July 8th when he rammed his Volkswagen Jetta into Demko’s Toyota Prius. At the time of the accident, Gallagher was driving on a suspended license due to a previous DUI conviction. His blood alcohol content was measured at .26—nearly triple the legal limit—and he admitted consuming vodka before he took to the road. Just in case that didn’t impair his driving skills sufficiently, Gallagher was using heroin at the time as well.

The sentence of 20 to 50 years in jail was the result of a deal with the Lancaster County District Attorney’s office. Gallagher pleaded guilty to third-degree murder, DUI and related counts in return for a prison sentence that the local press is calling the longest ever ordered in the county for a DUI fatality.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

Published on: April 30, 2015

“Smiley Face” Driver Faces Extended Jail Time

by Michael Kraut

Getting pulled over for a DUI in Los Angeles is nothing to smile about. Neither is causing an accident in which someone is killed. Twenty-five-year-old Michael J. Vanwanger of Coons Rapid, Minnesota, who posted a smiley face on Facebook after his involvement in a fatal accident, may spend some of his time behind bars regretting his lighthearted comment.

Vanwanger had already sideswiped another car when he plowed into a vehicle driven by 16-year-old Jason McCarthy of Brooklyn Center last summer. Cross-country runner and guitarist McCarthy was waiting in a left turn lane when Vanwanger’s car, speeding at 62 miles per hour, smashed into him from behind. The teen lingered a week in the hospital before succumbing to his injuries.
Police at the scene said that Vanwanger, who was slightly injured in the accident, smelled of alcohol. They conducted a blood alcohol content test after taking him to the hospital.

According to the Star Tribune, Vanwanger made a very bad situation even worse by posting the day after the accident a photo of his wrecked car on Facebook with the caption “That’s her front end after I got done with her lol.” It was followed by a smiley face. Another post said that he was “all good” after sleeping a day in the hospital.

At the time of the accident, Vanwagner was driving on a suspended license and was on probation after a conviction for making terroristic threats.

Vanwanger said that when he made the comments he didn’t realize that anyone was hurt. He eventually pled guilty to felony criminal vehicular homicide. A county judge recently sentenced him to nine years in prison, considerably more time than the six and a half years called for under state sentencing guidelines.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

Published on: April 20, 2015

Wild Ride for Seniors with DUI Driver at the Wheel

by Michael Kraut

Although it’s tough to admit you’re too old to drive safely, responsible seniors know when it’s time to give up their licenses for the sake of the other motorists who are sharing the road. Medicines, both prescription and non-prescription, can be a problem for older Americans. Those medicines may impair their motor skills and lead to charges like a Los Angeles DUI--even when they haven’t had a drop of alcohol. It just becomes easier to leave the driving to other folks.

It’s somewhat ironic, therefore, that a busload of day trippers from the Snohomish Senior Center in Washington State had the misfortune of having 45-year old Gilbert Maier behind the wheel of their van. Any one of them would have probably done a better job at driving.

The 11 seniors were passengers on a van traveling to the Skagit Valley Tulip Festival in Mount Vernon, Washington. Maier was the driver, but it soon became clear to the terrified travelers that the senior center could have done without this volunteer. Even before he got to the Interstate, Maier ran two stop signs and hit curbs, apparently talking on the phone as he was driving. He even swerved briefly into the wrong lane.

The passengers eventually spotted a state trooper over by the side of the road and demanded that Maier stop. He almost hit the cop as he complied.

Police officers took him off to jail, where they determined that a combination of prescription drugs–antidepressants and pain killers–contributed to Maier’s erratic driving. They charged him with DUI.

This was Maier’s second arrest for DUI. The Snomish Senior Center did run a required background check before letting him drive the van, but an earlier charge in 2014 didn’t show up on Maier’s driving record because it was a misdemeanor.

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: April 13, 2015

DUI Driver Strikes Florida Girl Sitting in Road

by Michael Kraut

Young people are particularly prone to making stupid decisions that can have long-lasting consequences. Sometimes two poor decisions combined can result in a tragedy. It happens way too often with Los Angeles DUI arrests, and it happens all over the country as well.

No one will ever know for sure just why 13-year old Trinity Bachman decided to sit in the middle of a road in Apopka, Florida, on February 28th. The teen had argued with her mother and her sister about who was going to sit in the front seat of their vehicle. According to the Orlando Sentinel, the fight ended with Trinity refusing to get into the car. She took off, saying she was going to walk home.

After spending some time searching from Trinity, her mom finally found her sitting in the middle North Christiana Avenue near Oak Street in Apopka, Florida. Fearing for her daughter’s safety, her mom, Janice Pedroza, stopped her own vehicle, put on the flashing lights and tried to get Trinity back into the car.

That’s when the second dumb decision converged with the first. Mackenzi Sue-Rose Miller, a 21-year old, apparently decided to drive her Nissan Sentra even though she had too much to drink. She traveled down North Christina Avenue at just the wrong moment.

Although Pedroza tried to signal Miller to keep away, the young woman hit Trinity’s mom first and then Trinity. Pedroza survived, but doctors declared Trinity dead about 20 minutes after the crash occurred.

Police charged Miller with DUI and DUI/personal injury after tests showed her blood alcohol level was 0.114–well above Florida’s 0.08 limit.

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: April 8, 2015

No Favoritism on DUI Charge for NFL Draft Pick Favorite

by Michael Kraut

A college football player may soon learn what many Hollywood and sports stars already know after being charged with a DUI in Los Angeles: being a celebrity doesn’t always gain you special treatment.

Florida State University cornerback P.J. Williams has garnered some impressive stats on the football field. In 2014 he earned distinction as a member of the All-ACC First Team and the USA Today All-America Second Team. Sportswriters considered him a top pick for the NFL pro draft this spring.

But Williams may have jeopardized his chances with an unwelcome addition to his off-the-field record. Florida State University police picked him up on April 3rd at 3:30 a.m. and charged him with driving under the influence. TMZ reports that Williams made an illegal left turn onto Dewey Street and drifted over the lane divider several times. When police questioned Williams, they discovered that he was using a rental SUV—and was driving it on a suspended license.

Apparently hoping for a break, Williams reportedly told police he had played football for FSU, and that he just wanted to go home. But officers weren’t impressed. Williams then refused to take either a Breathalyzer test or a field sobriety test. At that point, the officers took him to jail, charging him with DUI.

Williams may have had good reason to expect the cops to take it easy on him. A report in the New York Times last year said that in October 2014, Williams drove his car into the path of another vehicle and fled the scene. Tallahassee police originally called it a hit and run—which would have meant criminal charges—but the police apparently changed their minds and Williams got off with two traffic tickets instead.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

Published on: April 6, 2015

Strange DUI Arrests Over Holiday Weekend

by Michael Kraut

It’s not unusual–in fact it’s typical–to hear reports of unusual arrests for DUI in Los Angeles and in other cities at holiday times. But these two cases make you wonder if there was something strange in the jelly beans this year.

ABC Action News in Tampa, Florida, reported that police arrested John Vu Lam for DUI early Easter morning. The 21-year old man was driving the wrong way on Armenia Avenue when a Florida Highway Patrol Trooper spotted him.

That wasn’t Lam’s only problem, however. He handed the officer a paper license in someone else’s name, only he couldn’t tell them that person’s birth date. (Lam actually had his own driver’s license, but the state had suspended it.) Lam’s blood alcohol content came in under the legal limit, and he refused a urine test, but officers arrested him anyway because of his glassy eyes and slurred speech. That was enough under Florida law–and under the laws of all states–to allow troopers to charge him with driving on a suspended license and giving a fake name to law enforcement officers.

Meanwhile, up north in Norwalk, Connecticut, a man picked up for DUI asked officers to cut him a break and give him a ride home. This was after 34-year-old George Atavia sped away from officers attempting to stop him, ran three red lights and crossed over into oncoming traffic. When officers finally brought Atavia to a halt, he apparently informed them that he had already had two DUI arrests.

Once police took Atvia to the station, he asked for a Miranda rights form in Spanish and then in German, apparently to slow down the charging process. It didn’t work; police booked him for driving under the influence and other related charges.

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: March 23, 2015

9 Poor Excuses for Having an Interlock Ignition Device

by Michael Kraut

Drivers found guilty of a Los Angeles DUI offense may have to get an interlock ignition device (ILL) installed in their vehicles. While the equipment will prevent them from driving under the influence, having this device wired into their cars can be embarrassing not only for the driver but also for family members, when they have to explain it to their friends, their dates or even their bosses.

So what can these drivers tell their passengers? The Minnesota Department of Public Safety has produced two tongue-in-cheek videos featuring a man who comes up with some pretty creative and unusual excuses for why he is breathing into the device:

• “This raises the antenna.”
• “It helps blow up the tires.”
• “It’s satellite radio–a new one. No one knows the brand.”
• “Recycling oxygen–you know, for the environment.”
• “It’s a secret spy device.”
• “It’s my herbal medicine delivery device.”
• “It’s a lip balm.”
• “It’s an old-fashioned cell phone.”
• “My mom made it for me–a homemade CB radio.”

Of course, there really isn’t anything amusing about having to put an interlock ignition device into a vehicle. For one thing, they’re expensive, costing from $75 to $150 for installation and $60 to $80 a month to operate and calibrate.
People charged with DUI who live in Alameda, Los Angeles, Sacramento and Tulare Counties know this first hand, because under a pilot state program they must install ILLs if they’re convicted of the offense. But drivers in other Golden State counties may not be off the hook for long. California State Senator Jerry Hill is working with Mothers Against Drunk Driving and law enforcement officials on a bill that would extend that requirement statewide.

To respond effectively to your charges, call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

Published on: March 9, 2015

Assemblyman and Young Woman Face Multiple Charges Associated With DUI

by Michael Kraut

The Los Angeles DUI community is abuzz about two recent, highly publicized DUI cases involving additional allegations of manslaughter and illegal weapons possession.

Officers arrested Nevada Legislature assemblyman, Richard Carillo, on Feb. 27. They found Carillo parked in his car just north of the state capitol. The arrest report indicated that officers found Carillo asleep with his hands and feet in driving position. The car was still running.

The officers also allegedly found a loaded .22-caliber weapon in his possession at the time. The assemblyman did have a concealed weapons permit; however, under state law, no one can carry a weapon under the influence. The charges against him include a misdemeanor DUI and weapon’s possession charge for carrying while intoxicated. Carillo has not made a public statement about the arrest yet.

Meanwhile, in Florida, 24-year-old Shameka Jones crashed her SUV. According to reports, her vehicle rocketed into the air after she swerved onto the shoulder. The SUV rolled multiple times and hit nearby trees. Jones’ SUV contained 12 people total, 3 adults and 9 children, ranging in age from 6 months to 10 years. A 2-year-old died, and all other passengers suffered injuries from the accident. Jones faces charges for DUI manslaughter.

These two cases highlight the complexities of DUI law. Contributing factors often lead to additional charges that are difficult to fight. The number of people involved in Jones’ accident will obviously profoundly impact the legal outcome and possible sentencing. Carillo’s weapons charge could complicate his DUI defense and challenge his ability to protect his job as a legislator.

DUIs affect more than a person’s criminal record. They also impact personal and professional lives. Court cases for DUI often take several months, even years, to complete.

Anyone facing a compounded DUI charge would be wise to consult with a qualified, experienced Los Angeles DUI defense attorney, who can help you understand the relevant laws as well as your rights and determine the best course of action.

Designing and executing an effective defense against DUI charges (even simple ones) is not intuitive. Fortunately, you can trust the seasoned, highly successful Michael Kraut. Call a DUI lawyer in Los Angeles with nearly two decades of experience.

Published on: February 23, 2015

Attractive Mug Shots – When Good Looks Cause Trouble After DUI Arrests

by Michael Kraut

Nobody likes the way they look in a Los Angeles DUI mug shot – the lighting is awful, and the drab cement background isn’t flattering. You also have to deal with your picture creating negative connotations. It is understandable why you wouldn’t want your mug shot to be easily found by anyone, let alone prospective employers or dates.

But what if you’re so good looking that your mug shot photo attracts too much attention?

That’s exactly what 28-year-old Meagan Simmons is dealing with right now. Police arrested Simmons for a DUI in 2010. Her especially attractive mug shot quickly became an internet sensation and spawned multiple “attractive convict” memes. Background check website InstantCheckmate.com picked up on the trend and used her mug shot photo in several advertisements for its service.

Simmons is currently undergoing a litigation process with the website. She claims that InstantCheckmate.com used her picture for advertising purposes without permission. The advertisement slogan featured her picture and read “Sometimes the cute ones aren’t that innocent.” The nature of the advertisement — and its association with the alleged criminal conduct — have caused Simmons distress.

Model Arrested for DUI in Florida – Next “Attractive Convict” Meme?

Police arrested a professional model for an alleged DUI last Wednesday. Ralitsa Ivanova, 29, of St. Petersburg has been featured in Esquire and on the cover of Maxim. She was pulled over on US 41 at 3:45 a.m. for traveling in the wrong direction. Ivanova told officers she was texting while driving and kept getting lost. According to the sheriff’s report, she had trouble standing, and her breath smelled strongly of alcohol. Police released her around 1 p.m. the next day. Will her good looking mug shot inspire the next Attractive Convict meme?

Good looks don’t get you out of everything. If you’ve been arrested for a DUI and want to respond effectively to your charges, call a qualified Los Angeles DUI lawyer at the Kraut Criminal & DUI Lawyers today to schedule a free consultation.