los angeles dui attorney

Published on: February 25, 2016

Courts Punishing DUI Drivers With Multiple Offenses [Including Montana Man Who Killed Teacher]

Judges are doling out some harsh punishments for drivers who don’t learn their lessons after their first DUI conviction. State laws offer guidelines for punishment; under California Vehicle Code 14601.2, for example, people with a second conviction for a DUI in Los Angeles may face up to 180 days in jail and a $2,000 fine. But judges do have some leeway, and many are choosing to be severe.

In Montana, a man who violated his parole after killing a 27-year-old teacher in a DUI-related accident will serve 10 years in prison. DailyInterLake.com reports that Jason DeShazer spent 3 ½ years in jail on a negligent homicide conviction before his release. He was arrested again in September 2015, when police picked him up for a DUI on a motorcycle and with driving without a license. In another incident in that same month, police who had stopped him on suspicion of DUI found him with methamphetamine and heroin in his vehicle. The judge ordered DeShazer back to prison to serve out his original negligent homicide sentence; he still awaits trial on the newer charges.

Published on: November 2, 2015

Prosecutor Avoids Jail Time For Second DUI

by Michael Kraut

If a government prosecutor pleaded guilty to a charge of DUI in Los Angeles—for the second time in less than two years—would that prosecutor go to jail? Would someone who wasn’t as well connected end up behind bars? While there’s no way to tell what might happen in Los Angeles, in San Diego County, Deputy District Attorney Rebecca Ocain has avoided jail time in her second DUI case.

The San Diego Union Tribune reported that Ocain, age 39, had pled guilty early in October to a misdemeanor charge of DUI and hit-and-run. Police arrested her in August after she crashed into a cemetery wall and then ran from the scene on foot.

Ocain, who broke her arm during her encounter with the wall, had a blood alcohol content of 0.30%, according to a test taken about an hour after her arrest. That’s nearly four times the legal limit, as defined by California Vehicle Code Section 23152 of 0.08%. But the BAC number San Diego County used during her arraignment in August was 0.20%. In her previous arrest the year before, her BAC was 0.28%. (For reference, a BAC of 0.40% is often fatal.)

Published on: October 28, 2015

Lessons about Los Angeles DUI Law from Kerfuffle Over the U.S. Dietary Guidelines

by Michael Kraut

If police recently stopped you on Fairfax or La Brea for speeding and driving under the influence in Los Angeles, odds are that your plate is pretty full. You are probably not thinking too much about global or national issues. Rather, your focus (understandably) is on what you can do to protect your license, stay out of jail, avoid paying massive fines and fees, and avoiding seeing huge spikes on your driver’s insurance premiums.

However, you might find it resourceful to take a step back and consider your DUI situation in a broader context.

Most law enforcement agencies, judges, attorneys and public health and safety advocates hold certain fundamental beliefs about the dangers of DUI as well as what should be done to stop this problem. Some sound science supports these policy positions. But the nature of the discussion about DUI prevention, treatment and punishment is ultimately fluid, even if laws like California Vehicle Code Section 23152 and 23153 don’t radically shift over time.

As our understanding of the science of DUI evolves, our laws, institutions and even culture should follow. But would they? Would solid evidence that we got certain “facts” about DUI change our minds?

As a parallel case study, consider the current battle right now being waged in Washington D.C. over the future of the United States Dietary Guidelines. Every 5 years since 1980, the government has issued guidelines for what Americans should eat to be healthy and fit. This year’s process has been anything but smooth, leading to over 29,000 comments on the USDA’s feedback page and sparking a major public battle over the science of nutrition.

Many high level politicians, scientists and even former members of the DGA Committee have argued that the process has gotten out of hand – that our guidelines are not based on sound evidence and that bias and industry interests are setting the agenda. Notably, the British Medical Journal – one of the most reputable medical journals in the world – issued a scathing analysis of the Dietary Guidelines Committee’s report – a report that typically forms the basis of policy.

While we can’t tell what’s going to happen with respect to this year’s guidelines, there’s a big (if subtle) lesson here for DUI defendants. Just because an authority determines that XYZ is a “scientific fact” doesn’t mean that that person (or institution) is right. Subsequent science could come along to force refinement or even rejection of that initial position.

And that’s all a roundabout way of explaining why it is so important for you, as a defendant, to work with an experienced Los Angeles DUI attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers.

Published on: September 10, 2015

Camera Catches Strange DUI Incident

by Michael Kraut

Incidents of DUI in Los Angeles can result in drivers exhibiting some very unusual behaviors. But when someone who saw the event tries to describe what happened, other people may find their story hard to believe. Fortunately for police officers in Rowland Heights, California, they can produce video evidence to confirm that what they said happened to cause a crash actually did occur.

The dash cam on the car following Jasmine Lacey’s 2010 Hyundai Sonata on Harbor Boulevard captured the whole incident. (The car’s owner posted it on YouTube, where almost two million people have viewed it.) In the video, you first can see Lacey’s car traveling in the left lane but swerving over the center line several times. All of a sudden the car comes to an abrupt halt and the 22-year-old Lacey hops out and runs to the median strip. (Fortunately the driver behind had maintained a safe driving distance and could stop his own vehicle in time.)

But Lacey had neglected to do one important thing—turn the car off. So with the front door still swinging wide open, the car kept moving downhill on the right side of the highway for a short time before crossing the median strip. The Sonata then headed into traffic going in the opposite direction, colliding with an SUV. (Another vehicle, unable to stop in time, then rear-ended the SUV.) Lacey’s car, meanwhile, traveled across the traffic lanes to the side of the road, where an encounter with two small trees finally ended its journey.

By some miracle, neither driver involved in the crash with Lacey’s car suffered serious injuries. Police officers arriving at the scene took Lacey to the hospital and eventually charged her with DUI. But officials dismissed charges against her the next day citing lack of evidence.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ Michael Kraut for insight and peace of mind. Mr. Kraut is an experience Los Angeles DUI attorney with many relevant connections in the local legal community.

Published on: September 7, 2015

Officer Arresting One DUI Driver Gets Slammed By Another

by Michael Kraut

Under most circumstances, police officers might welcome the opportunity to nab two DUIs with one traffic stop—at a checkpoint for DUIs in Los Angeles, for example. But Denver Police Officer Daniel Swint, a member of a special DUI unit, would probably have been content with his initial DUI pickup. The second one landed him in the hospital with serious injuries.

According to Denver’s Channel 9 news, Officer Swint had pulled over 27-year-old Jennifer Beauregard on suspicion of DUI around 4 a.m. on a Friday morning. Beauregard halted in the left lane of I-25 so Officer Swint stopped his car there as well. After determining that Beauregard was probably DUI, Swint placed her in his cruiser. He was making a call on his microphone when a young woman came along in the lane and rammed him.

Swing’s patrol car slammed forward, banging into the car ahead of it and causing a four-car chain reaction. Despite his injuries, Swint was able to radio for help. After medics arrived on the scene they rushed Officer Swint to the hospital, where doctors treated him for a fractured jaw, spinal cord fracture and five broken ribs.

The police officers investigating the crash said there was no evidence that the woman had tried to swerve or break to avoid a crash. She said she had not been drinking, which officers found hard to believe since she was slurring her words and swaying as she stood. She initially refused to take a blood alcohol test but after talking to a lawyer agreed to cooperate. The officers charged her with vehicular assault; more charges may come after the BAC test results come in.

News reports later revealed that police in Tennessee had previously arrested the woman for DUI, but she pleaded guilty to a lesser charge of reckless endangerment.

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: August 19, 2015

DUI Stories You Don’t Hear Every Day

by Michael Kraut

People out on bail after an arrest for a DUI in Los Angeles may try to avoid going to court (and possibly to jail). But few can match David Doyle Abbey Jr.’s ability to evade capture. Until mid-August, he had managed to dodge a court appearance on DUI charges for more than 20 years.

Abbey was riding a bike along a street in Anderson, California, when police stopped him as they searched for a stolen bike. When officers ran his name through the system, they discovered that Marin County had an outstanding felony warrant against him for causing injury while driving under the influence of drugs or alcohol. The police escorted Abbey to jail—21 years late—and he’s likely to remain there because the courts haven’t granted him bail.

While Abbey managed to stay out of the police spotlight for more than two decades, Gilbert Phelps of Iowa City, Iowa, apparently enjoyed the chance to hang out with them. According to KCCI TV authorities pulled over the 20-year old around 2 a.m. on August 6th for speeding. The arresting officer noticed a strong smell of alcohol, and Phelps admitted that he had been smoking pot before driving. As the officer prepared to give Phelps a breathalyzer test, the young man asked if he could take a selfie with him.

It’s not clear which is more bizarre–the fact that Phelps, smiling broadly, wanted to memorialize his moment of infamy via a selfie posted to Snapchat—or the fact that Iowa City Police Officer Ben Hekoten also appears in the background of the shot with a big smile and a thumbs up sign. (Maybe he had just met his DUI arrest quota that month?)

Police charged Phelps with a DUI. He’s scheduled to appear in court in mid-August; family and friends may want to watch for a selfie of that memorable moment in his life as well.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ Michael Kraut for insight and peace of mind. Mr. Kraut is an experience Los Angeles DUI attorney with many relevant connections in the local legal community.

Published on: August 10, 2015

DUI Teen Does Double Damage to Police Cars

by Michael Kraut

Police officers know that that they may be at risk when they’re called to pursue someone suspected of DUI in Los Angeles. If the driver suddenly takes a turn or doesn’t stop at a DUI checkpoint, their vehicles can suffer damage—and so can they. Last May, for example, a DUI driver injured two Detroit police officers when he smashed his truck into the rear end of their police car. But the damage didn’t end there—the truck also hit two officers who were standing nearby.

But not many DUI drivers hit two separate police cars—at different sites—in the same evening.

A 17-year old girl in Boise, Idaho, managed to do it. She first rear-ended a white Honda at Cole and West Ustick Roads; the Honda, pushed forward, then rear-ended a patrol vehicle driven by a deputy from the Ada County Sheriff’s Department.
Instead of stopping when the deputy got out of his car, the teen drove off, hitting several garbage cans on a sidewalk along the way. She eventually ran a red light on Veteran’s Memorial Parkway and slammed into a Boise Police Department vehicle. The officer suffered a head and a leg injury (fortunately not too serious).

When other officers arrived at the scene they noticed the young woman appeared to be intoxicated. So after a quick stop at the hospital to ensure she wasn’t injured badly, and to take a sample of her blood to check the blood alcohol content, they took her to ADA County Juvenile Detention Center.

The teen faces charges of felony aggravated DUI and three misdemeanor charges of leaving the scene of an accident. Since she is under the age of 21 she’ll automatically lose her license for at least 60 days if her BAC registered .02 or higher.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

Published on: August 5, 2015

Alleged DUI Driver’s Excuse Is All Wet, Say Local Authorities

by Michael Kraut

Drivers charged with a Los Angeles DUI often end up crashing into other vehicles (parked or moving). They may occasionally hit a storefront, a light post, a mailbox, or a home. But there aren’t many reports of people driving under the influence going off the road and driving into the Los Angeles River or some other body of water.

But police in Kennewick, Washington, can now say they’ve had such a driver.

On Wednesday, July 29th, around 3 p.m., emergency workers in that city received a 911 call saying that a car was in the river at the East Boat Launch at Columbia. NBC KNDU said that the caller reported that he and his mother had been on a nearby bridge when they saw the car slipping into the water. The witnesses ran to the scene, where the woman walked into the water and yanked open a rear door to attempt a rescue. But the car was empty.

That’s because the driver, identified only as a man in his late 20s, had apparently made it out of the car and run up a hill—dripping wet—until he reached a gas station and called for help. The Columbia Basin Drive Rescue, the Kennewick Police Department and fire crews all responded to the summons.

When police caught up with the driver, he insisted that he had been trying to take a photo of the river and—probably because he wasn’t paying close attention—he hit the car’s accelerator instead of the brake. That plunged him—and the rental car he was driving–into the water.

While police may have believed that story, they obviously thought there were other factors at play. They charged the driver with DUI.

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: 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: June 24, 2015

Los Angeles DUI Cases in Question

by Michael Kraut

Hundreds of drivers found guilty of a Los Angeles DUI are getting another (unwelcome) day in court.

An investigation by county prosecutors and the FBI has revealed that a former court clerk may have fixed as many as 1,000 DUI and other misdemeanor traffic cases, deliberately reducing or wiping out punishments for convicted offenders while entering cases into the system.

According to news reports, the unnamed clerk in a back office in the Orange County Court House apparently altered the paperwork in hundreds of cases. The Orange County Register reported that the clerk recorded cases as dismissed when they were not and listed the wrong (reduced) penalties on case files. The phony resolutions listed in the case files meant that defendants had their punishments reduced or wiped out.

The problem came to light just three months ago, when a supervisor, doing a routine random check of case files, noticed a missing document in a DUI case. The manager went on to check all the other cases that clerk had handled, and he found inconsistencies in as many as a thousand of them.

The Los Angeles Times reports that the clerk’s actions appear to be part of a scheme that targeted Latino defendants.

The county prosecutor and the FBI, which are investigating the case, have not yet charged the clerk or anyone else in the case. The clerk no longer works for the court system, however.

Unfortunately for the defendants, they are not getting off with the lighter sentences. They have been called into court to face a judge, who is reinstating the original penalties in their cases. The judge is sending some defendants directly to jail if they have avoided serving their time so far.

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.