Punishment

Published on: February 20, 2015

2 Sports Players Face Uncertain Futures in the Wake of Scary DUIs

Los Angeles DUI attorneys continue to watch with dismay as ball players around the country are caught driving under the influence.

Nick Fairley of the Detroit Lions continues to battle a DUI charge in Mobile, Alabama. Law enforcement arrested Fairley in his hometown after pulling him over for speeding in excess of 100 mph with an open alcohol container. He rejected a plea deal in 2014, and he now faces jail time and fines if convicted.

According to The Detroit News, Fairley’s future as a contract player for the Lions remains uncertain. He did not receive the 5th year of his existing contract. Trustworthiness will likely play a part in whether he will remain part of the team in the future.

Meanwhile, Victor Robbins, a junior Oregon State basketball player, also faces an uncertain future as part of his team. He received a DUI related driving citation on February 11. The citation came close to the end of a previous 10-game suspension. His school extended the suspension indefinitely in the hopes that Robbins will regain his bearings before playing for the team.

Oregon State’s basketball coach issued a press release indicating the team’s support of Robbins as he works through “some issues.” The school plans to maintain all academic and financial support and hopes for his full recovery.

These cases both feature young, male ball players who were successful in their sport. The choice to (allegedly) drive under the influence has left them both with precarious futures. A successful outcome in Nick Fairley’s case may or may not impact the overall direction of his football career, but Victor Robbins could lose the chance to play for the rest of his college career. A Los Angeles DUI arrest, even without a conviction, can lead to long lasting, serious consequences.

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: February 6, 2015

An Analysis of Super Bowl and Los Angeles DUI Rates Halfway Through 2015’s “Drinking Season”

by Michael Kraut

Police erected Los Angeles DUI checkpoints around the city throughout Super Bowl weekend. Super Bowl Sunday is known for its high DUI rates, which are similar to the arrest rates for holidays such as St. Patrick’s Day, New Year’s Eve, and Valentine’s Day. According to a new article in Forbes, drivers can take advantage of two powerful tools to protect themselves and others on the road during what some authorities have been cheekily calling “drinking season,” the stretch of the year from December to March that includes some of the most dangerous holidays for DUI.

So what can be done to deal with this societal problem? The mobile apps, BACtrack and Uber, could help us collectively crack down and save lives. Consider the following statistics:

BACtrack, a breathalyzer app that works with a smartphone, tracks data from users and lets law enforcement officials as well public safety and auto safety experts analyze these data to inform policy. BACtrack, for instance, helped quantify last year’s Super Bowl Sunday DUI issues by calculating that the average DUI driver had a BAC level of .091%.
43% of BACtrack users report buying the product to avoid DUI.
Drivers whose BAC levels are at or above the legal limit of .08% are responsible for 21% of deadly crashes, according to the National Highway Traffic Safety Administration.
BACtrack identified December through March as the peak drinking season, when accidents are more likely to involve significant alcohol consumption.

Together with ride share apps, like Uber, technological aids like BACtrack can potentially help drivers make more responsible decisions when going out.

Thanks in part to highway patrol checkpoints and PSAs, awareness about DUI driving dangers has spread recently. Many cities in the Southland and beyond hosted extensive DUI checkpoints starting the Friday before Super Bowl Sunday. The Auto Club of Southern California also provided a “Tipsy Tow” service free for anyone who lived within a 7 mile radius of the pickup location.

The wildly successful (and somewhat controversial) rideshare program Uber, meanwhile, claims that the company can help gimp DUI rates by simplifying and streamlining the “designated driver” concept. To Uber’s credit, statistics show that DUI related accidents have indeed been declining in cities where Uber offers its services.

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: December 29, 2014

5 Surprising Winter Challenges That Can Make Los Angeles DUI Accidents Extra Dangerous

by Michael Kraut

Los Angeles DUI accidents are dangerous at any time. Unfortunately, many people think they are less dangerous in the winter because California doesn’t does not experience much snow and ice. The DUI attorneys at the Kraut Criminal & DUI Lawyers know the exact opposite is true. Winter makes DUI significantly more dangerous for at least five reasons:

1. Rain

Winter often marks the first time California experiences rain in several months. If the roads have been dry for a long time, the slightest bit of precipitation makes them especially slick. Rain also loosens the greasy lubricants in people’s cars such as oil, causing oil slicks and dangerous skidding. Rain makes for poor visibility that is only compounded if someone is driving under the influence.

2. Changing Traffic Patterns

The holidays mean an increase in traffic, which leads to traffic jams and accidents. To avoid these, transportation officials and police may put up detours or otherwise reroute traffic. The changing traffic patterns can be disorienting, particularly for intoxicated drivers. Drivers also get frustrated when a traffic pattern takes them away from their usual route. Angry drivers are likely to cause more accidents, and alcohol only fuels frustration.

3. Time Changes

Winter signals the end of daylight savings time. Although large urban areas like Los Angeles still have plenty of city lights at night, the earlier darkness disorients many drivers. Some people who drive intoxicated may try to get home under cover of darkness, thinking they won’t be spotted as easily. Unfortunately, hidden obstacles can trip up both inebriated and sober drivers, leading to accidents.

4. Unequipped Cars

Drivers must always ensure their cars are equipped for winter weather. As discussed, even warm states like California are susceptible to rain and wintry mixes. Small, compact cars like Volkswagens or trucks without four-wheel drive are particularly vulnerable.

5. Distraction

During the holidays, people tend to be distracted easily. Drivers are more likely to make calls while traveling or try to multitask while on the road. This leads to carelessness, accidents, and possible fatalities.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.

Published on: December 22, 2014

10 Tips to Avoid a Los Angeles DUI This New Year’s Eve

by Michael Kraut

You want to avoid “becoming a statistic” and getting arrested for DUI in Los Angeles on December 31st/January 1st. To that end, let’s review a few critical tips.

New Year’s Eve is a unique holiday in that it is both festive and relaxing. After the hustle and bustle of Christmas, people appreciate the opportunity to simultaneously enjoy a final holiday party and calmly consider their goals for a new year. However, the “last holiday party” feel of New Year’s Eve also leads to an increased number of people who drive under the influence. Today, the Kraut Criminal & DUI Lawyers will share ten tips to help drivers avoid a DUI this season.

1. Limit Drinks

If a party will have an open bar, drivers should determine exactly what kind of drinks they want and how many constitute a personal limit. Someone who prefers wine should probably stop at a glass or two. Drivers who prefer whiskey or vodka shots may have a tougher time stopping, so they should be mindful of the exact count they’ve imbibed.

2. Call a Cab (Or Uber Or Lyft)

Public transportation saves many people from DUI accidents and convictions. Drivers should save the number of a local cab company in their phones or attend parties close to bus or subway stations.

3. Strength in Numbers

Don’t go to a party or activity alone. Bring along at least one friend and determine a designated driver for the entire group.

4. Nosh and Nibble

Despite New Year’s resolutions about weight loss, New Year’s Eve is one time it’s okay to snack. Party snacks fill the stomach, making less room for alcohol. Try to nosh on items like meats or dark chocolate, which will satiate appetite faster.

5. Make a Plan

Party hosts should plan at least a few structured activities, such as games or dancing. This cuts down on alcohol consumption and helps people focus on more than available drinks.

6. Avoid Salt

Salt makes partygoers thirsty, so they drink more. In the same vein . . .

7. Offer Alternative Drinks

These can include “mocktails,” sodas, punch, or plain water. Water is particularly helpful for guests who are thirsty from those salty snacks if you decide to offer them.

8. Set Some Rules

Let guests know in advance that there will be no outside alcohol. If someone tries to bring in an extra bottle or some shots, have him or her leave it at the door.

9. Make Reservations

For long-distance parties, arrange for hotel rooms. That way, no one drives home intoxicated and everyone gets adequate rest.

10. Make It an Early Night

People are less likely to drink at early hours, such as between 5 and 8 p.m. Set parties for these hours and make it clear that cleanup begins at a certain time. Serving dinner and keeping the bar closed until after dessert may also help.

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: December 15, 2014

Man with Multiple DUI Convictions (An Astonishing 24!) Cited Yet Again

by Michael Kraut

Fingers crossed, your history of driving under the influence in Los Angeles looks nothing like that of David Louis Layne, a fifty-five-year-old resident of Alabaster, Alabama who was recently cited for driving under the influence…. For the 25th time. Come on!

The Shelby County Circuit Court charged him with DUI and third-degree assault, saying Layne drove “recklessly” and injured an occupant of the other vehicle when the auto crash occurred.

If Layne is convicted, this will be his latest in a string of serious DUI convictions that date back decades. Layne has received at least 24 previous DUI convictions in Alabama and remains in Shelby County jail on $101,000 bond. He was formally indicted in October 2014 for causing a crash that injured at least one other person on September 4, 2014. Layne’s next hearing is set for February 24, 2015.

Layne pled not guilty to his most recent DUI charge based on “reason of mental disease or defect.” In recent years, Layne’s DUI convictions have also involved charges of driving on the wrong side of a roadway and driving with a revoked or suspended license. Alabaster police chief Curtis Rigney calls Layne and his circumstances “a tragedy waiting to happen.” Shelby County district attorney Jill Lee corroborates this view, adding that she perceives Layne to be “a danger to the public at large.”

In Los Angeles, DUI penalties can include informal probation for a first offense to DUI school attendance from three to thirty months. Other penalties can include jail time from sixteen months to four years, revocation of a CA driver’s license, and fines up to $5,000. If convicted of felony DUI or second degree murder DUI, the defendant could face revocation of his or her license for up to ten years and possibly life in prison. If released from prison, a defendant in a second degree murder DUI case must be on parole status for up to five years.

Michael Kraut and the Los Angeles DUI attorneys of the Kraut Criminal & DUI Lawyers would agree people like Layne can be quite dangerous, but most people who get arrested for similar crimes do not have anything like that kind of checkered driving history. Mr. Kraut would like to remind readers that multiple DUI convictions in Los Angeles and the greater area can result in escalating punishments, including the elevation of what would be a misdemeanor to a felony. The increasingly harsh discipline for multiple DUIs can affect a person’s physical and mental health, self-concept, career prospects, and more.

Published on: December 10, 2014

Christmas Crashes: Holiday-Related DUIs and How to Drive Safely This Season

by Michael Kraut

The holiday season is meant to be fun, relaxing, and cheerful. Unfortunately, some drivers take these concepts to the extreme when they drive under the influence in Los Angeles on roads filled with holiday crowds eager to get the Grove and/or Century City Mall (it seems like everyone in the city pours into these malls this time of year, doesn’t it?).

Our attorneys have seen an unfortunate plethora of Christmas DUI cases over the years, both in and out of Los Angeles. We would like to educate drivers on what can happen if someone commits a DUI during the holiday season and how to drive safely while enjoying the many associated festivities.

Twenty-seven-year-old Jeffery Smith of Chicago knows the pain of a Christmas DUI all too well. On December 24, 2013, Smith was found pinned in his crushed Chevrolet Impala, which had plowed into a tree on West Garfield Boulevard. The roof had been crushed below the seat level, trapping both Smith and his eight-year-old daughter Lauren. Rescue crews worked for over forty minutes to extricate Smith from the vehicle and didn’t discover Lauren was there until Smith had been removed.

Lauren’s grandmother, Lorie Hall, had been expecting Jeffery and Lauren to arrive at her house for a Christmas celebration before the crash. “We were going to make gingerbread houses,” she told a reporter at the Chicago Sun-Times. Instead, Lauren was taken to Chicago Comer Children’s Hospital and pronounced dead the next morning.

Jeffery Smith now faces three years in prison, with credit for a year of time served since his initial arrest in 2013. Cook County prosecutors said Smith’s blood alcohol level was .137 at the time of the wreck.

A tragic story like Lauren Smith’s can make even the most carefree driver want to handle his or her vehicle more safely. Yet some drivers struggle with how to do this, especially during the holiday season when crowds and crashes naturally increase. The Kraut Criminal & DUI Lawyers offers these tips.

• Drink early, if at all. If attending a holiday party at work or a family celebration, drivers should limit themselves to one drink early in the afternoon or evening. Beyond that, stick to punch, water, soda, or coffee.

• Drive within the speed limit at all times.

• Check local weather reports – if snow or freezing rain is predicted, try to stay home or finish activities as early as possible.

• Don’t attend parties or other holiday functions alone. Go with a friend or two, and designate a driver early in the evening.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

Published on: December 3, 2014

Los Angeles DUI Blog Reflects on Xzibit’s Honeymoon DUI Bust

by Michael Kraut

Our Los Angeles DUI blog has reported on dozens (hundreds?) of celebrity DUI arrests over the years, but each new story offers us an attempt to explain critical laws and concepts to defendants and their families.

Our aim is not necessarily to discuss and promote these stories salaciously but rather to start a more productive conversation to make our community safer and to prevent the core problems that drive people to drink and/or use drugs and get behind the wheel.

Over the weekend, Alvin Nathaniel Joiner, more famously known as Xzibit, found himself behind bars only hours after tying the knot. The Pimp My Ride host allegedly had been speeding in Laguna Beach just after midnight on Sunday when authorities stopped him. Jason Kraveetz of the Long Beach Police told ABC News “another office caught up to [Xzibit’s] vehicle and made a traffic stop… the officer contacted the driver and smelled alcohol. They started a driving under the influence investigation which ended with the arrest of Alvin Nathaniel Joiner.”

Police arrested the 40-year-old rapper on a single misdemeanor DUI count.

Just prior to the arrest, Xzibit had posted a montage of pictures from the wedding to his social media profiles and wrote: “I had to do a LOT growing up and over time came the maturity I needed to be able to make a commitment stronger than anything that I have done in my life outside to being a father to my two beautiful sons.”

Most people think that DUIs happen during or after “dark times” in life. For instance, you lose your job, get dropped by your agent, etc., and the pain of that rejection provokes you to drink and get behind the wheel. However, emotionally stimulating events of almost any type – including very happy events, like marriage or child birth — can also lead to arrests. For instance, if you sell a script or win the lottery, you might go out and carouse with friends… and then lose your judgment, get behind the wheel and so forth.

Whether you made a terrible mistake and caused injury to yourself or someone else or you wound up unfairly arrested on a misdemeanor DUI charge per California Vehicle Code Section 23152, the team here at the Kraut Criminal & DUI Lawyers can help you. Call an experienced Los Angeles DUI attorney (and former city prosecutor) now for insight and strategic assistance.

Published on: November 25, 2014

Not a Good Idea to Do While Driving DUI… Gunning It the Wrong Way on the 405

by Michael Kraut

Try to imagine the worst place to drive DUI in Los Angeles.

If you said “the 405,” you would probably have a lot of people who would agree with you.

The 405 is notoriously clogged with Sig alerts and other nasty types of traffic not just during business rush hour but at many other (often unpredictable) times of day and night. It’s not uncommon, for instance, to wind up in a Sig alert on the 405 at 9 pm on a Sunday, for instance.

The 405 is a crazy road.

Of course, one way to make any trip on the 405 worse is to drive under the influence of drugs, alcohol or prescription medication.

To wit, let’s take a close look at a case out of Costa Mesa; police arrested a woman early last Sunday after a crash on the 405. She apparently drove onto the off ramp and shortly thereafter smashed head first into a car exiting the 405 on Fairview Street. The accident critically injured the driver of the second vehicle, and paramedics rushed that person to Western Medical Center in Santa Anna for treatment. According to a California Highway Patrol dispatcher, the crash took place at around 12:26 am. The name of the suspected DUI driver has not been released, but news reports said that she collided with a white SUV.

This story illustrates why DUIs can be so particularly pernicious and dangerous.

It’s not just that driving under the influence slows down your reaction time; driving DUI can also lead to terrible decision making.

If news reports are correct, this woman could wind up in jail for well over a year, even if the victim in the white SUV survives, because of California vehicle code 23153, which charges injury DUIs as felonies.

Whether you stand accused of injury DUI or a non-injury misdemeanor DUI, you probably need legal help right away to calculate how to respond. Call former prosecutor and widely respected Los Angeles DUI defense lawyer, Michael Kraut of the Kraut Criminal & DUI Lawyers, right now to schedule a consultation about your possible next steps.

Published on: November 12, 2014

Michael Phelps’ DUI Trial Postponed Until December

by Michael Kraut

Even if your Los Angeles DUI story wound up in the news because you did or said something ridiculous to the police or got involved in a serious or fatal accident, you probably will not get nearly as much media scrutiny for what you did as will mega-Olympian, Michael Phelps.

As we reported several weeks ago, police in Maryland arrested the 18 time Olympic champ on September 30th for speeding and steering over the double lanes on I-95 in Maryland. Police say that Phelps tallied a 0.14% on his BAC test. (For a point of reference, the legal limit here in Southern California is just 0.08% BAC.)

The 29-year-old already pled guilty to a DUI 10 years ago, in 2004; at the time, the court considered him a young offender and gave him just an 18 month probationary sentence.

Originally, Phelps’ trial for this latest DUI had been scheduled for November 19th, but per a request from his DUI defense lawyer, Phelps got the date pushed to December 19th. In early October, Phelps said that he would be attending a six week impatient program to “provide the help I need to better understand myself.”

After the 2012 Olympics, Phelps announced his retirement from swimming. But in April this year, he reentered serious training and competition with the hopes of returning to the Olympic platform again in 2016 in Rio de Janeiro. However, the DUI has thrown a kink in these plans. U.S.A. Swimming punished Phelps almost immediately for his DUI by banning him for six months from competition and forbidding him from participating in the World Championships next summer, thus making his bid to return to the Olympics more challenging and uncertain.

The main takeaway from Phelps’ story is that DUI arrests can have profound ramifications for your career, your day-to-day life, and even your self esteem and relationships. The silver lining is that help is available. An effective, highly qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers would be happy to provide a confidential and thorough consultation about your case and give you important insights into your strategic options. Call us now to set up a free consultation.

Published on: March 28, 2014

Defendant Takes Stand in DUI Manslaughter Case: Accused of Hitting Miami Heat Cheerleader So Hard That She Flew 130 Feet Off Her Bike

by Michael Kraut

When you report on Los Angeles DUI cases day-in, day-out, as we do on this blog, it’s easy to become a little numb to the news.

Yes, many DUI stories are horrible – for everyone involved. But when viewed en masse, the stories can start to lose their meaning. Sometimes, however, a story emerges that strikes a chord not just because it involves a celebrity (or someone in power) but rather because it exposes our own fragility. It illustrates how a single lapse of reason can have profound consequences for victims, family members and anyone touched by the crash.

To that end, consider the sad story of Nancy Lopez-Ruiz, a 22-year-old dancer for the Miami Heat Basketball Club. On September 10, 2010, police arrested Mario Careaga and charged him with manslaughter DUI, after he hit Lopez-Ruiz’s bike on U.S. 1 and Sunrise Boulevard. The force of the crash threw the dancer off her motorcycle and launched her 130 feet from her vehicle, where she died.

Last week, court began hearing testimony in Careaga’s case. The jury saw photographic evidence that Careaga had been partying at the nearby Galleria Mall and drinking. He told the court “There were three drinks that I got, I finished two, but the third I did not finish — I left it on the counter.” Per an affidavit, police took two blood samples from Careaga after the crash and found that he had BAC levels of 0.24 percent and 0.23 percent respectively.

For those of you at home who are keeping score, that’s just about three times the legal limit for DUI in Florida or California – most places in the country. Law enforcement says that Careaga drifted out of his lane and hit Lopez-Ruiz with his Mercedes. He was released on $10,000 bond.

Per California law, when someone dies in an auto accident – and DUI is suspected – prosecutors can hit you with a very serious charge of vehicular manslaughter. Prosecutors will use police reports and investigatory tools to determine charges. You need to construct your defense immediately after an event in which someone dies, since evidence that could exonerate you – or at least mitigate your punishment – can quickly disappear. Witnesses may forget what they saw, for instance, or critical evidence from the scene may be cleaned up.

In a worst case scenario, you could be hit with a charge of gross vehicular manslaughter while intoxicated, pursuant to penal code 191.5 (a).

To build an effective defense to Los Angeles DUI charges – whether they’re vehicular manslaughter charges or a simple misdemeanor offense – call Harvard Law School educated ex-prosecutor Michael Kraut and his team today at the Kraut Criminal & DUI Lawyers for a free consultation.
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