Los Angeles Criminal Defense Attorney Blog

Published on: February 19, 2016

Tennessee Court Tells DUI Drivers They Can’t Cross Any Lines

Can a police officer pull drivers over—and subsequently charge them with DUI—just because their vehicles crossed the center line? A Tennessee court has said yes. While it won’t affect anyone contesting a DUI in Los Angeles, the court’s ruling in the Volunteer State seems to be bucking a national trend that has made it harder for prosecutors to get DUI convictions.

In a ruling that combined two different cases, State v. Linzey Danielle Smith and State v. William Whitlow Davis, Jr., the Tennessee Supreme Court found that police officers were acting within the law when they stopped the defendants for traffic violations in two separate incidents. The defendants, whom police charged with DUI, had argued that the officers had violated their constitutional rights prohibiting unlawful seizure because they did not have probable cause to make the stop.

Published on: February 17, 2016

DUI Arrests Down In Two States

by Michael Kraut

Would it be good news or bad news if the Los Angeles Times reported a large drop in arrests for Los Angeles DUI? The answer might depend on whom you ask.

Washington State’s Kitsap Sun Business Journal recently ran a story about the decrease in Kitsap County’s DUI arrests–1,000 fewer in 2015 than in 2006. The article suggests that one reason for the drop might be more education about the dangers of DUI driving. Accident statistics seem to bear this out; in 2006, Washington State saw 8,202 DUI-related crashes; that number decreased to 5,586 in 2015.

But lack of police manpower, the complexity of the DUI laws, which require extensive police training, and the time-consuming need to obtain blood samples to detect the presence of marijuana also appear to be contributing to the drop in DUI arrest rates. At least one police official said he simply doesn’t have the manpower to keep troopers patrolling the roads like they did previously.
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Published on: February 15, 2016

Under-the-Influence Mom Makes Underage Daughter Drive

by Michael Kraut

Underage drinking and driving often go hand-in-hand in Los Angeles DUI cases. But what if the driver is underage and the person who has been drinking is the one who ordered her to drive?

A 911 caller in Polk County, Wisconsin, alerted police to a car moving erratically along a local road. Sheriff’s Deputy Jeff Hahn caught up with the vehicle at a public boat launch and went over to the car, probably expecting to find a driver operating the vehicle under the influence.

What he found instead was a 9-year-old girl at the wheel; she had apparently driven the car for miles. Her mother, Amanda Eggert, and the mother’s boyfriend, Jason Roth, were reportedly sitting in the car intoxicated. The girl’s 11-month-old sibling sat strapped into a car seat.

Published on: February 8, 2016

Update: “Affluenza” DUI Driver Could Remain On Probation

by Michael Kraut

Judges will often waive jail time and place drivers on probation when they’re charged with a first-offense DUI in Los Angeles. But some people don’t appreciate that kind of leniency; they take advantage of it. What’s worse, the ingrates often don’t receive any punishment.

Ethan Couch of Tarrant County, Texas, made international headlines after his attorneys claimed that he was suffering from “affluenza” when he killed four people in a horrific DUI accident in 2013. (According to the lawyer, Couch wasn’t to blame because his family’s money had shielded him from the consequences of other bad behavior.)

Published on: February 3, 2016

Can Los Angeles DUI Drivers Be Guilty If They’re Not Driving?

by Michael Kraut

When police arrest a driver on charges of DUI in Los Angeles and causing a death, you can generally assume that motorist was behind the wheel when the accident occurred. But James Ryan, a 28-year-old part-time student in New York, could face up to 25 years in jail for causing the death of a police officer, even though he wasn’t driving at the moment the accident occurred. A jury may soon be deciding his fate.

According to multiple media accounts of the October 2012 accident, Ryan clipped a BMW on the Long Island Expressway and then stopped his vehicle in the high occupancy lane (HOV). That’s when another car hit his. Ryan got out of his Toyota after the second accident and waited by the side of the road for the police to arrive.

Nassau County Police Officer Joseph Olivieri pulled up on the right shoulder of the road, then crossed over and stood close to Ryan’s car in the HOV lane. Another vehicle, an SUV, slammed into Ryan’s car and into Officer Olivieri, killing him. Ryan was unhurt, but other police officers at the scene measured his blood alcohol content at 0.13.
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Published on: February 1, 2016

Dashing–DUI–Through The Snow

by Michael Kraut

Residents of Southern California may have to worry about drought, but there’s one problem we’re not going to face. Even in these times of climate change, police won’t be charging any drivers for a DUI in Los Angeles while a blizzard is going on.

That’s not the case in the northeast and mid-Atlantic, however. The snow that those regions received during at the end of January apparently didn’t deter drivers from getting behind the wheel while they were under the influence. Considering the amount of snow that came down in a short time, they were lucky (or maybe unlucky) to be able to get out onto the streets.

In Delaware, police had parked an official vehicle in the roadway at the scene of a domestic dispute. (With more than a foot of snow on the ground already, they didn’t have a choice of parking areas.) That’s when Daryl Holcomb, age 33, allegedly plowed his sports utility vehicle right into their patrol car. Fortunately, the officers suffered no injuries. Holcomb, on the other hand, is looking at charges for driving under the influence, failure to have insurance identification and operating a motor vehicle during a declared emergency.

Published on: January 27, 2016

New Year Starts With Unusual DUI Arrests

by Michael Kraut

While city police officers were tackling the typical arrests for DUI in Los Angeles, law enforcement officers in other states were coping with some more atypical incidents.

In Tucson, Arizona, a woman who gained national fame for wearing a colander on her head in her driver’s license picture is getting a bit more (probably unwanted) attention. According to the Arizona Daily Star website, Jessica “Asia” Steinhauser had traveled by car to the offices of her local school district with her 10-year-old daughter in the vehicle. It didn’t take the district staff long to figure out there was a problem; Steinhauser smelled like alcohol and passed out on the office sofa shortly after her arrival. Police arrived at the scene and arrested her.

Published on: January 25, 2016

Police Search for Missing DUI Drivers

by Michael Kraut

Drivers who have neglected to show up in court for a hearing on a Los Angeles DUI charge may find the police knocking at their doors. With the help of some funding from the federal government, several jurisdictions in California are rounding up people who have outstanding warrants for DUI-related cases.

Last December, police officers in Petaluma did a DUI warrant sweep. They attempted to contact 49 people arrested for DUI who hadn’t appeared on their court date or who had not complied with the terms of their sentence or paid the fines they owed for DUI.
By the time police ended their work for the evening, they had made five arrests; four people with warrants for failure to appear and one with an outstanding warrant for driving on a suspended license. While the courts gave most new appearance dates, police took one woman into custody, where she remains held without bail.

Published on: January 22, 2016

One Word Jeopardizes Missouri DUI Convictions

by Michael Kraut

Small words can have a big impact. Just ask the thousands of drivers in Missouri who could see their DUI convictions thrown out of court thanks to the substitution of “or” for “and” in the instructions for Breathalyzer calibration. If a judge made a similar ruling regarding DUIs in Los Angeles, lawyers could submit dozens of requests to have their clients’ convictions overturned.

The ruling stems from an incident on July 12, 2013, when Lake Saint Louis, Missouri, police arrested Kristin Nicole Stiers for driving while intoxicated. When Stier’s attorney, Matt Fry, began looking into the results of the breathalyzer test—which registered her blood alcohol content as above the legal limit—he found that the state agency responsible for the calibration directions had made a mistake in its directions to state police.

Published on: January 21, 2016

Will Public Shaming Discourage DUI Drivers?

by Michael Kraut

Although some arrests for DUI in Los Angeles get big play in the media—especially if there’s some celebrity or prominent politician involved—most drivers manage to keep their incidents fairly private.

But some communities in the U.S. believe that publicizing the names of people charged with DUI will help discourage the practice of getting behind the wheel when you’ve had too much to drink. The theory is that most people will be careful to avoid the notoriety that comes with such an arrest. If you lived in Helena, Montana, for example, you probably wouldn’t want your name to appear in the Independent Record’s weekly listing of people convicted of DUI offenses. (They even list convictions for driving with a high level of THC—marijuana’s active ingredient—in your bloodstream.)