los angeles dui attorney

Published on: August 18, 2014

Your Los Angeles DUI from a Police Officer’s Perspective

As you’ve been contemplating your recent arrest for DUI in Los Angeles, you’ve probably been focusing on your own emotions and situation.

Perhaps an officer pulled you over on Wilshire “unfairly,” after he noticed that one of your taillights was out. Or perhaps you caused a minor accident on La Brea and then failed field sobriety tests and blew a 0.09% BAC on a breathalyzer test. Almost certainly, you’ve been preoccupied with concerns about what’s going to happen to you, your family, your driver’s license, your freedom, your career, your relationships, etc.

Such a preoccupation is totally understandable. Punishments for even a relatively trivial DUI conviction — one involving no injuries or property damage or additional charges or previous criminal history – can include:

•   Substantial time behind bars;
•   Mandatory installation of a device called an IID, which makes it impossible for you to drive your car unless you blow a sober breath into a machine;
•   Tough probation terms;
•   Fines, court fees and attorneys fees;
•   A lengthy suspension of your California drivers’ license.

In your rush to contemplate your defense, you probably haven’t thinking about the motivation of the people on the other side of your case — law enforcement agents, judges and prosecutors.

Why should you bother considering your case from their point of view?

The ancient strategy manual, Sun Tzu’s “The Art of War,” explained the following idea, a concept that’s as elegant today as it likely was 3,000 years ago:

•   If you don’t know yourself, and you don’t know the enemy, you are doomed to lose every battle;
•   If you know yourself, but you do not know the enemy, you will win one battle for every battle you lose;
•   If you know yourself AND you know the enemy superlatively well, you will win every battle.

You need to appreciate the motives and strategies of prosecutors and law enforcement. What do your prosecutors want? What does the judge want? What do other stakeholders in the situation want? You must answer these questions to construct a great defense.

That may sound like an intimating proposition. Fortunately, you do need to do this intelligence work on your own. Michael Kraut, an experienced former prosecutor — who worked for nearly a decade and half as a Senior Deputy District Attorney — can help you prepare and execute your Los Angeles DUI defense. Find out more about Mr. Kraut and his philosophy online, or call or email to schedule a free consultation.

Published on: July 30, 2014

Georgia Woman Sentenced for DUI Driving… With 4 Children in Her Car!

by Michael Kraut

A recent incident in Milton, Georgia serves as a cautionary tale for potential Los Angeles DUI drivers. On Tuesday, July 8, Milton resident Marjorie Rose Ryan-Santos pled guilty in a DUI driving incident that led to a car accident the week before.

Ryan-Santos admitted not only to driving under the influence, but to endangering the safety of the four children riding in the car with her at the time. She received a sentence of 10 days in jail, and she was given credit for five days served after her arrest. In addition, she faces community service, probation, and a license suspension.

The Milton Police Department reports they arrested Ryan-Santos after the accident due to her slurred speech, unsteady gait, and blood alcohol level of 0.168.

Thankfully, the car accident did not lead to any injuries for Ryan-Santos or for the children in the car. The current condition and location of the children are not known.

This Milton, Georgia, case represents a best-case scenario for individuals who drive under the influence with minors in the car. Fortunately, the driver and occupants were unharmed; however, many DUI accidents result in more tragic consequences.

In California, the law often imposes harsh penalties on DUI drivers, which increase with repeated offenses and become considerably more severe with additional factors, such as child endangerment. When a DUI accident causes injury or death to passengers in the driver’s car or another vehicle, the responsible party likely faces jail time, hefty fines, and other life-changing consequences.

The best way to avoid Los Angeles DUI charges is not to get behind the wheel of a car when you have been drinking. If not for your own sake, consider the life and safety of your passengers and other drivers.

Kraut Criminal & DUI Lawyers understands that everyone makes mistakes. Whether you face first-time DUI charges, a repeat offense, or more serious allegations regarding endangerment or injury, contact us today to learn how we can help you build a strong defense. Continue reading

Published on: July 16, 2014

Jovial Chicago DUI Arrestee Provides a Lesson in How Not to Take a Mug Shot

by Michael Kraut

Individuals facing Los Angeles DUI charges would do well to take a lesson from the case of Ronald Searl, a Chicago area man recently arrested for drunk driving.

Police stopped 54-year-old Searl on July 3 when they spotted him driving in the center turn lane of a city street. After smelling alcohol on his breath, officers administrated field sobriety tests and a breathalyzer, which revealed Searl’s blood alcohol content exceeded the legal limit.

In addition to DUI charges, Searl received a citation for operating his vehicle in the wrong lane. Perhaps due to his “polite, cooperative and respectful” demeanor during the arrest process, police released him on his own recognizance.

Although Searl may have behaved well throughout the booking process, his bizarre mug shot tells a different story. In the photo, Searl is visibly laughing and neglects to look at the camera. The lackadaisical response to his arrest may appear to some as an utter disregard for the seriousness of his offense.

California law imposes serious penalties on individuals who commit DUI offenses, regardless of whether they cause accidents or injuries to others. First-time drunk drivers may receive jail time, fines, license suspensions, probation, and installation of interlock devices in their vehicles.

Although no one should drink and drive, mistakes happen. Should you find yourself under arrest for driving with a prohibited blood alcohol content, cooperating with authorities and taking full responsibility for your actions affords you the best chance of a minimal sentence. Maintaining a serious demeanor – particularly in a mug shot – shows genuine remorse for unlawful behavior and may sway a judge in the accused’s favor.

If you have been charged with DUI in Los Angeles, you may feel confident you’ll get off with a “slap on the wrist.” However, an experienced DUI attorney such as Michael Kraut helps defendants better understand the laws regarding their cases and achieve the best possible outcomes. To discuss your case, contact Kraut Criminal & DUI Lawyers to set up a free consultation.

Published on: June 4, 2014

The Moment Before You Had the Drink That Led to Your Los Angeles DUI: Why?

by Michael Kraut

Given all the sturm und drang over your Los Angeles DUI arrest, you’ve had very little time to reflect about events. The little thinking you’ve done has likely been “surface level” thinking. For instance, you’ve probably spent some time puzzling out:

•   What to do about your job;
•   How to get by without a license;
•   What to tell your parents or peers about what happened;
•   How to find an effective Los Angeles DUI defense lawyer to represent your interests and help you avoid (or at least minimize) punishments for your crime, which could range widely and include tough probation terms, forced installation of an interlock ignition device in your car, mandatory CA license suspension, fees and fines and prison time.

But could you benefit from considering your Los Angeles DUI in a different kind of context? What if you tried to figure out what drove you to drink too much (if you did, indeed, drink too much)? What if you spent time puzzling out WHY you got behind the wheel while DUI?

These questions sound almost sophistic and possibly irrelevant. After all, who really cares why you did what you did? You just want to get out of trouble, stay out of jail, avoid the fines, etcetera. But reflecting on your mistakes (if you made any) is vitally important, if you hope to achieve the best outcome.

Such thinking could possibly inform your defense strategy. It could help your attorney figure out what kind of evidence to collect. It could help you figure out what you need to do to avoid future DUI trouble. For instance, let’s say you have a history of driving problems or trouble with drugs and alcohol. If you’re honest about that history, your attorney can help you find a good therapist and other resources to keep you on the straight and narrow, going forward.

So how CAN you figure out what “tipped you” into making your fateful decision?

Try to think back to the key moments of the day or evening of your DUI arrest. What were you thinking about right before you grabbed the keys and got behind the wheel? What were you thinking about right before you chose to have that fourth beer or glass of wine? What were you thinking about just before you drove away from the scene of your Los Angeles DUI accident? What were you thinking about just before you got into the verbal fight with the police officer?

Seek to understand the thoughts and emotions that triggered your strange/unwanted behavior. Your attorney can use this thought process as a springboard to contrive an intuitive and effective defense.

For help getting to the bottom of your Los Angeles DUI situation, get in touch with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a vastly experienced ex-criminal prosecutor with a long history of successes in complex criminal trials.

Published on: May 19, 2014

Softening DUI Law in Illinois: What Does It Mean for Los Angeles DUI Offenders?

by Michael Kraut

As regular readers of our Los Angeles DUI blog know, penalties for getting convicted even for misdemeanor DUIs can be quite intense and can lead to lengthy license suspensions, substantial time behind bars, massive fees, spikes on your insurance rates, unpleasant probation terms, and more — and that’s just for first time offenders who don’t hurt anyone or commit other crimes.

But DUI law is constantly in flux.

Consider, for instance, a new proposed law out of Springfield, Illinois, where members of the state House voted last Wednesday 15-0 to approve legislation to allow DUI offenders with revoked licenses to get a second chance to get behind the wheel.

Even members of the anti-DUI advocacy group, Alliance Against Intoxicated Motorists, backed the legislation, because it gives deserving people a second chance. The legislation would let people who have been convicted for DUI up to four times obtain restricted permits to drive… with lot of caveats:

•   First of all, they must wait five years.
•   Secondly, they must demonstrate that they have been sober for three years by completing alcohol treatment programs.
•   Finally, they need to install breathalyzer devices in their vehicles permanently.

State representative, Elaine Nekritz, a Democrat from Northbrook, sponsored the bill, and it will now be sent to the floor for a vote.

Is SB 1996 a “good thing” for the community? Does it create hazards for drivers? Should motorists and pedestrians applaud it or condemn it?

These are all very important questions, and they speak to a critical point, which is that DUI legislation really should be based on good science and objective research.

What actually works, in the real world, in terms of reducing fatalities and DUI related accidents on the road?

What actually works in terms of rehabilitating drivers and preventing them from repeating their mistakes behind the wheel?

What actually works in terms of developing auto and road engineering systems to minimize the likelihood of crashes?

California law punishes recidivist (repeat) DUI offenders more harshly than it does first time offenders. For instance, if this is your first DUI, and you are convicted, you may face 48 hours in custody (up to six months behind bars), a one year license suspension, a minimum of six weeks of alcohol school and other penalties.

However, if this is your third or fourth arrest within 10 years, your minimum jail time, license suspension time, and alcohol school time will be jacked up significantly. You may lose your license for three or more years and face way more 48 hours behind bars, depending on circumstances.

No matter what happened in your case, an experienced Los Angeles DUI defense attorney here at the Kraut Criminal & DUI Lawyers is standing by to assist and help you make smarter decisions. Call or email us today for a free consultation.
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Published on: March 31, 2014

Did LAPD Officer Use Excessive Force in DUI Arrest Against 25-Year-Old Woman?

by Michael Kraut

Twenty five-year-old Aloni Bonilla was arrested for DUI in Los Angeles back in 2012 on the westbound 10 freeway. But did the officer who slammed her head into a wall use excessive force?

Bonilla just filed a federal lawsuit against Officer Jose A. Ramirez for violating her civil rights during the DUI arrest. According to reports, Bonilla had been driving from Baldwin Park to Alhambra to visit a friend. Due to unclear signage, she wound up on a shut down part of the 10 near the Francisquito Avenue onramp. An officer pulled over on suspicion of DUI and gave her a breathalyzer test, which suggested that she had alcohol in her system. He then took her to a local hospital for a DUI blood test.

The Cal State Los Angeles student said that Officer Ramirez became violent at the hospital: “He grabbed me by my arm, lifted me out of my chair, turned me around and slammed — drilling it — my head into the wall. On the wall was a mounted object, and the left side of my face immediately started to bleed and swell.” She claimed that Ramirez then radioed that she was resisting arrest, he used a knee to hold down her back and then cuffed her. She said “I’m 120 pounds, this is a 220 pound, 6-foot male Latino officer … I was never given medical treatment, I never got that blood sample.”

Aloni lost her DUI case, in spite of video evidence that showed the entire handcuffing process unfold. The Los Angeles County Superior Court judge did not allow the footage to be used in her case because prosecutor said that it was prejudiced against Ramirez.

However, the surveillance video went up on YouTube and sparked a wave of sympathy for Aloni, prompting protestors to petition outside a federal court house with signs that read “stop police brutality” and “justice for Aloni.” Bonilla told reporters last week: “This is bigger issue … I want the public to know that resisting arrest can be used as a cover up charge when an officer uses excessive force.”

It’s obviously unclear how Bonilla will fare in her lawsuit, but her story drives home how confounding and complex the DUI defense process can be. If an officer does exert excessive force, how can you prove it? In Bonilla’s case, even though she had video proof of what happened to her, she still couldn’t win her DUI case.

To construct an appropriate defense, talk to Michael Kraut of the Kraut Criminal & DUI Lawyers. For over 14 years, Mr. Kraut served as a senior level prosecutor for the city before switching over to representing defendants in Los Angeles DUI cases. Continue reading