DUI lawyer los angeles

Published on: October 15, 2018

What Happens if You Resist Police During a DUI arrest? Lessons from Vince Vaughan’s Story

“You can’t arrest me, I’m a rockstar.” –Sid Vicious

Getting arrested on suspicion of DUI is not a pleasant experience. Resisting the police, however, almost always makes a bad situation worse. As a case in point, let’s look at the recent charges against 48-year-old actor Vince Vaughn.

On the early morning of June 10, Vince Vaughn was stopped at a DUI checkpoint, where he was subsequently arrested. Last month, according to the Hollywood Reporter, Los Angeles County prosecutors announced Vaughn was facing three misdemeanor charges: driving under the influence of an alcoholic beverage, driving with a blood alcohol level of .08 or higher and refusing to comply with a peace officer.

Published on: April 2, 2017

The Reasons Behind Risky DUI Behaviors

by Michael Kraut

“Come on, it’ll be okay. You haven’t had that much to drink. And anyway, I’ve seen you drive after you’ve had six or seven beers—you’ll do just fine.”

Ever had a conversation like that with a friend when you’ve been out socializing for the night? Chances are that you’ll yield to your friend’s persuasions and get behind the wheel, ignoring the small voice of reason inside your head that’s warning you’re about to do something stupid.

So if we know something is a bad idea, why do we do it anyway? Why don’t we choose to hang out with somebody who would give us better advice and encourage us to engage in less risky behavior? It’s a complicated answer that relates to the way our brain works and how we interact with those around us.

Published on: July 27, 2016

How Many DUIs are Caused by Undiagnosed Mental Health Issues?

by Michael Kraut

Addiction to alcohol and other drugs obviously contributes to many arrests for DUI in Los Angeles. But could repeat DUI offenses also be an indicator that a person has a mental health disorder? The San Joaquin Superior Court’s Collaborative Courts Department will be working with Harvard Medical School to try to find out.

Recordnet.com reports that the court will be serving as one of six test sites for a Computerized Assessment and Referral System (CARS) developed by Harvard Medical School’s Division on Addiction of Cambridge Health Alliance and the Foundation for Advancing Alcohol Responsibility. The court’s case managers and substance abusers have already begun screening repeat DUI offenders using the system.

CARS asks repeat offenders a series of questions about signs and symptoms of mental health issues within the past year and during their lifetime. It identifies 15 specific mental health disorders for which they might be at risk, including depression, anxiety disorder, post-traumatic stress disorder and bipolar disorder. The system then generates a report to the court that suggests treatments and provides a list of referrals to providers who could offer help.

Published on: July 31, 2015

Sometimes Money Doesn’t Talk [Can You Bribe Away a DUI Charge?]

by Michael Kraut

A Los Angeles DUI may earn a first-time intoxicated driver a brief stint in jail and a hefty fine. But if you throw in a theft charge and attempted bribery, the consequences could be a lot more severe. A 25-year-old California man, Michael Kelly, may soon find out just how severe.

According to the website Steamboat Today, the disturbing events all started around 2 a.m. on July 15th, when Kelly’s roommate called police in Steamboat, Colorado, and told them that Kelly had stolen his 2004 Grand Jeep Cherokee. After a brief search, the cops found the vehicle with its lights on, stopped in the parking lot of a local park. Kelly was standing beside the Jeep. Officers pulled their guns, ordered Kelly to the ground, and arrested him.

Kelly said that his roommate had lent him the car (which apparently was news to the roommate). During this conversation, however, the officers began to suspect that Kelly was under the influence. He denied drinking, but his roommate told the cops that Kelly had actually consumed half a pint of whiskey that night.

At that point, it must have dawned on Kelly that he was in a bit of trouble. But he had an idea (not a good one) on how to get out of it. Telling police he had $400 in his wallet, he offered them $50 if they would just give him a ride home.

The police declined his generous offer and opted to take Kelly to jail instead. Once there, after Kelly refused a breathalyzer test, the police charged him with DUI, driving without a license, felony motor vehicle theft and felony bribery.

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: May 11, 2015

Tweeting DUI Drivers Cause Fatal Accidents in Florida

by Michael Kraut

There are a few things that drivers should never do before or during their time behind the wheel. One is imbibing to excess; others include tweeting or texting while they’re on the road. (Anyone charged with a DUI in Los Angeles could suffer some additional legal problems if they’re also texting at the same time.) In the last few years, two women in Florida learned there can be deadly consequences from this behavior.

Kayla Maria Mendoza, 22, will be spending 24 years in jail as a result of a 2013 head-on collision in which she killed two young women, Kaitlyn Ferrante and Marisa Catronio. Shortly after tweeting “2 drunk 2 care,” Mendoza headed her Hyundai Sonata the wrong way on the Sawgrass Expressway in Coral Springs, eventually slamming into the Toyota Camry driven by Ferrante.

Mendoza, whose blood alcohol level was twice the legal limit, had been drinking two large margaritas before she got behind the wheel. She was also drinking illegally, being under 21 at the time.

Earlier that year, in August 2013, 22-year-old Mila Dago, drowning her sorrows after breaking up with her boyfriend, ran a red light in Miami and crashed into a truck. The collision killed Dago’s friend and passenger, Irina Reinoso. A police investigation revealed that shortly before the accident, Dago had texted her former boyfriend with messages such as “Driving drunk woo… I’ll be dead thanks to you.”

Like Mendoza, Dago’s blood alcohol content was twice the legal limit. Dago is facing charges of DUI manslaughter, vehicular homicide and DUI with damage to a person.

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: April 15, 2015

Walk on San Diego Freeway Leads to Woman’s DUI Arrest

by Michael Kraut

Cops in the City of Angels could probably tell many tales about unusual incidents that involve cases of DUI in Los Angeles. But their peers in San Diego also have some interesting tales that they could add to the mix.

A photographer with KTLA Channel 5 in San Diego happened to be on the scene when an unidentified young woman stalled her car on the 15 Freeway during the early morning hours of April 9th. He recorded events as the young woman got out of the car and ran across traffic lanes to the news station’s van. She asked for jumper cables and assistance in getting her vehicle started. Meanwhile, cars on the freeway had to swerve to avoid hitting the stopped car.

Although two other motorists pulled over to help, the woman made her way back to her own car and sat in it despite the danger posed by other vehicles traveling along the road. One Good Samaritan even tried to help out by directing traffic away from the car, but had to stop when was almost hit himself. As heard in the audio portion of the video, the photojournalist knocked on the car’s window repeatedly and urged the woman to get out of the car so she wouldn’t get hurt.

Fortunately, the California Highway Patrol arrived on the scene before other vehicles struck the woman, her car or any of her would-be helpers. They charged the stranded stroller with driving under the influence.

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: April 23, 2014

24/7 Sobriety Programs or Interlock Ignition Devices: Which Work Better for Deterring Los Angeles DUI Recidivism?

by Michael Kraut

A profound debate is going on in the Los Angeles DUI defense community (and the DUI community at large): What techniques and strategies work best for preventing so-called “recidivist” behavior?

Even though the justice system can be quite punitive with respect to DUI driving, all stakeholders in the system want the same things – safer roads, fewer people killed, and drivers who strive to be safe and mindful.

Of course, authorities have tried various strategies to achieve those ends.

One common technique used to stop recidivist behavior is the so-called Interlock Ignition Device (IID). Here in Los Angeles – and other spots around the country – even first time offenders can be ordered to install IID devices in their vehicles. Basically, you cannot start your car unless you blow into a permanent breathalyzer device on your vehicle. If any alcohol taints your breath, your car won’t start.

Offenders must pay to install and maintain these devices, and IID programs bring in millions of dollars a year to various state coffers. However, there is a new type of anti-recidivism strategy — championed by the National Sheriffs Association and other groups — called “24/7 Sobriety.”

South Dakota and two other states have been using this program in place of IIDs to stomp out recidivism, and some evidence suggests that it may be quite effective. Basically, an offender must take breath tests twice a day, every day, for a duration of time. Apparently, drivers who constantly monitor their sobriety tend to be far more mindful and less likely to hop behind the wheel while over the limit.

Mike Leidholt, a South Dakota sheriff who helped to implement the first statewide 24/7 Sobriety Program, has spoken highly of the initiative “Of all the wonderful programs that sheriffs are initiating, I have not seen one that as successful in reducing recidivism, managing corrections problems, and reducing alcohol-related crashes as the 24/7 Sobriety Program.”

Meanwhile, however, the program has met stiff resistance from Mothers Against Drunk Driving (MADD). Jan Withers, MADD’s National Director, recently wrote an editorial protesting the National Sheriffs’ Association’s push for 24/7 sobriety in Florida, writing: “MADD believes that amendments allowing for twice a day testing or 24/7 sobriety programs are okay, but these programs should never replace the use of ignition interlock for a convicted drunk driver.”

While groups like MADD and the National Sheriffs’ Association hash out how to stop recidivism, it’s well worth taking time to consider the legal consequences of recidivism in the Golden State. Every time you get convicted for a new DUI (within 10 years), your punishments ratchet up substantially. You might face:

•   Additional jail time;
•   Additional alcohol school;
•   Stricter probation terms;
•   A longer license suspension.
•   The elevation of a misdemeanor to a felony.

For help coming to terms with your Los Angeles DUI charges, call Michael Kraut of the Kraut Criminal & DUI Lawyers immediately to set up a consultation with him and his team. Mr. Kraut is a former city prosecutor who bring years of successful work, great relationships, and a Harvard Law School education to help his clients succeed.
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