Los Angeles Criminal Defense Attorney Blog

Published on: February 20, 2017

10 Famous Fictional DUI Arrests: What We Can Learn from Each One

The media often popularizes driving under the influence (DUI) arrests, using them as plot points in comedies, action films, and crime mysteries. You have probably seen or read about fictional DUIs before, but experiencing a DUI in person is much different. Still, we can learn what not to do from examining famous fictional arrests.

1. The Longest Yard: Paul Crewe’s DUI Car Chase

The Arrest: In the Adam Sandler comedy, The Longest Yard (2005), police arrest Paul Crewe after a police chase and car accident. Crewe mocks one officer for his large ears and reveals an open container of beer. A televised police chase ensues, ending in Crewe crashing the Bentley and getting arrested.

Published on: February 5, 2017

A Los Angeles DUI Defense Quick Start Guide

by Michael Kraut

When you see a police car’s flashing lights in your rearview mirror, your first thought is probably something like “I hope they’re not after me.” But when it becomes clear that your vehicle is indeed the one that the officer is motioning over to the side of the road, you may start to panic—especially if you’ve spent the last few hours in the company of friends and have enjoyed an alcoholic beverage during that time.

Your behavior during the traffic stop and in the hours immediately following that stop could have a significant impact on your life, affecting everything from your ability to drive to your bank account. Follow these guidelines to ensure that you are taking every possible step to protect your rights and your future.

When the officer motions you over:

Published on: January 31, 2017

Accused of Domestic Violence? These Los Angeles Resources Can Help You

by Michael Kraut

Last night, after a long and heated argument with your spouse, you hit him/ her. You had heard about people who use violence against a spouse, but you deplored it. You never thought you would do it yourself. Now you feel guilty about what you’ve done, frightened that you might do it again and fearful about what the future might bring for you and for your family.

What can you do to prevent this violence from recurring? How can you turn the situation around? There are community resources throughout the Los Angeles area that can teach you how to deal with anger and frustration in more constructive ways. You can also seek out services that will help you get at the root of the problems that are causing the stress in your life and your relationship.

Managing anger to stop the violence

Published on: January 22, 2017

Avoid DUIs With If-Then Planning Strategy

by Michael Kraut

Was one of your resolutions this year not to get behind the wheel of your vehicle if you’ve been drinking? How are you doing at keeping it? If you’re like most other people, now that we’re almost one month into 2017 many of your well-intentioned goals for changing your life have already gone by the wayside.

But there is a way to increase your success dramatically—and it’s not that hard to put into practice. It’s a technique that psychologists call implementation planning (or in less formal terms, if-then planning). You can employ this technique when you’re trying to lose weight, get a better handle on your emails at work or even when you’re trying to ensure that you don’t end up with a DUI conviction on your driving record.

The concept of using if-then statements to achieve a goal is not new; Peter Gollwitzer, a psychology professor at NYU, introduced the idea back in the 1990s. But people are revisiting the technique because studies have shown that this technique works extremely well in changing habits and helping people achieve desired behaviors.

Published on: October 31, 2016

DUI Case Headed to Court After Multiple Postponements

by Michael Kraut

Judges will often grant postponements of cases involving DUI in Los Angeles if the prosecutor or the defending lawyer can provide a good reason for the delay. But a judge in Shasta County, California, finally reached her limit on granting reprieves and ordered a defendant to be ready for her day in court.

According to the Record Searchlight, Judge Cara Beatty was determined that Virginia Lyn Anderson of Redding, California, would have her day in court during the last week in October. Police say that Anderson was driving under the influence of methamphetamine and other drugs back in April 2014 when she collided with a motorcycle ridden by Hayley Marie Riggins. The crash killed Riggins, 27.

Anderson was initially supposed to stand trial in November 2014, but the judge has postponed her trial seven times since then. Most recently, the defense sought to get the trial postponed another time while they were appealing the specific charges filed against Anderson.

Published on: October 26, 2016

Florida Supreme Court To Hear Arguments On DUI Blood Sampling

by Michael Kraut

Since the penalties can be so severe, drivers convicted of causing death or injuries in crashes involving a DUI in Los Angeles and other jurisdictions usually seek out every avenue of appeal. Many of their arguments center around the way that police and other personnel collect, store and handle the blood samples used to determine blood alcohol content.

In mid-October, the Florida Supreme Court agreed to hear an appeal by John Goodman of his conviction on DUI manslaughter. According to the Florida Sun Sentinel, Goodman is arguing (through his lawyers) that the state’s rules for collecting and analyzing blood are inadequate and that they violate the rights of drivers charged with DUI.

The Goodman case is attracting a great deal of attention in Florida because the defendant is a millionaire known for founding the Wellington polo club. He’s currently serving a 16-year sentence in the death of Scott Patrick Wilson, age 23. Goodman’s Bentley slammed into Wilson’s Hyundai, sending the vehicle into a canal. Wilson drowned in his vehicle.
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Published on: October 24, 2016

DUI Driver Plunges Over Bridge, Kills Four

by Michael Kraut

In most cases, only a few passing motorists, pedestrians or nearby residents catch a glimpse of the grisly details when a driver who is DUI in Los Angeles causes a fatal crash. But when Richard Anthony Sepolio’s truck plunged over the guardrails on the Interstate 5 bridge between San Diego and Coronado Island, dozens of people may have witnessed the horrific results.

Around 3:30 p.m. on Saturday, October 15th, Sepolio’s GMC pickup went off the bridge and landed below in Chicano Park, where a crowd was gathered for the La Raza Run motorcycle festival. The truck crushed a vendor booth, killing two couples: Cruz Elias Contreras, 52, and Annamarie Contreras, 50, of Chandler, Arizona, and Andre Christopher Banks, 49, and Francine Denise Jimenez, 46, both from Hacienda Heights near Los Angeles. Nine other people, including Sepolio, suffered injuries.

Published on: October 19, 2016

The Denver Post: Colorado Needs Tougher DUI Laws

by Michael Kraut

Many state legislators hope that the new DUI law in California, which mandates ignition interlock devices for anyone convicted of a DUI in Los Angeles or any other part of the state, will help reduce the number of repeat offenders. California Vehicle Code 23152 already requires tougher penalties for anyone with multiple DUI convictions on their record.

In some states, however, new laws have failed to discourage repeat DUI offenders. On September 14, the Denver Post published an editorial entitled. “Colorado’s new felony DUI law needs another look.”

The editorial pointed out that “long-overdue” legislation passed in 2015 brought Colorado in line with 45 states that already had felony DUI laws. But it said that the new law “too often results in letting repeated drunk-driving offenders get away from serving any real time—and away from the roads and the lives they put at risk.”

Published on: October 17, 2016

Do Energy Drinks Encourage Driving Under the Influence?

by Michael Kraut

You might think that drinking lots of caffeine along with alcohol would help a driver avoid charges of DUI in Los Angeles. But a recently published study in a scientific journal (Alcoholism: Clinical and Experimental Research) suggests that may not be the case; in fact, the more super-caffeinated beverages a person has, the more likely it is that he/she will drive under the influence.

According to the Arstechnica website, researchers at the University of Maryland conducted a six-year study of 1,000 college students. They questioned the students every year, asking them about their alcohol use, their energy drink use and DUI driving frequency in the previous 12 months. The researchers found that:

•   Nearly all of the students (most were about age 23) reported that they drank alcohol at least once the previous year
•   25 percent said they had driven while under the influence
•   57 percent said they had drunk at least one energy drink; of that number, 56 percent said they drank the energy drinks both alone and with alcohol, 15 percent said they drank them only when mixed with alcohol and 27 percent said they drank the energy drinks and alcohol separately.

Published on: October 12, 2016

Jury Finds Police Spouse Guilty Of DUI Deaths

by Michael Kraut

Having a friend on the force may occasionally help someone avoid charges for a Los Angeles DUI. But that’s not the case when the aftermath of the drinking and driving includes two deaths.

In Cook County, Illinois, a jury found 47-year-old Lisa Elner guilty of charges stemming from a January 2013 crash. Elner and two friends, Michelle Miranda, 37, and Sandra Frankum, 36, had been out celebrating Frankum’s birthday at a local bar. According to an article in the Chicago Tribune, prosecutors said that Elner was under the influence of both alcohol and cocaine when she grabbed her keys and said she was okay to drive because she had her “cop card.” She was referring to the business card of her husband, a Chicago police officer.