los angeles DUI defense

Published on: June 22, 2015

Southern California Runway DUI – Yikes

While police have arrested drivers on a lot of different roads for a DUI in Los Angeles, it’s doubtful that they have often gone to the tarmac at Los Angeles International Airport. But cops in San Diego had to head to their own city’s airport when they needed to make a DUI arrest one day last April.

According to NBC 7, James Stewart, employed at San Diego International Airport, may have had a couple of beers before he went on the job one evening. The problem was that his work involved driving a big truck—a 10,000-gallon jet fuel tanker. Uh oh. Stewart took the truck out on the tarmac, then stepped out of the vehicle to begin the fueling process. He allegedly staggered a bit when he walked and then fell down, waving his legs in the air before struggling up once again.

At that point, other ground workers contacted Stewart’s boss, who checked out his employee and then alerted police. The police came out and found that Steward had bloodshot eyes and smelled like alcohol. When they tested his blood alcohol content, they measured it at .24, three times the legal limit as defined by CVC 23152. Police also uncovered two empty beer bottles in the tanker he was operating. They also found that Stewart was so out of it that he didn’t realize that the tanker tuck he had driven out to fuel the plane was empty.

Stewart pleaded not guilty in his first court appearance, but he later changed his plea to guilty on a DUI misdemeanor charge. (The change in plea may have come from the broadcast of an airport surveillance system that recorded the whole incident.)

Do you need help defending against a serious charge? Call a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers immediately.

Published on: February 10, 2015

DUI Victims and Survivors Successfully Advance Colorado Bill

by Michael Kraut

Los Angeles DUI attorneys are monitoring the progress of a Colorado bill proposing that three DUI convictions should be a felony instead of a misdemeanor. The testimony of victims and survivors proved powerful in the DUI legislation. The Colorado House unanimously approved the bill on Feb. 5, and now the House Finance Committee will review it.

A person arrested for and convicted of an aggravated DUI for the third time could face up to 7 years in prison under the new legislation. Aggravated DUI in Colorado may include incidents causing injury or death, Blood Alcohol Content (BAC) greater than 0.15%, or a hit and run.

Testimony of individuals closely related to DUI victims and survivors impacted the bill’s approval. Many statements indicated that outcomes might be different if the proposed laws existed at the time of the incidents.

For example, 33 years ago, an intoxicated driver killed Gail Oleson’s husband. Prior to the incident, the state previously convicted the driver four times for operating a vehicle under the influence of alcohol. Ms. Oleson noted that her husband might be alive if drivers like that were in prison instead of on the road.

This is the second time Colorado legislators have attempted to make repeat offenses a felony. If approved, the projected cost of the new law is $4-13.5 million per year. Previously, the monetary estimate prevented a similar bill from passing. Opponents believe that other practices are more effective at preventing repeat DUI offenses. They argue that rehabilitation and stricter DUI checkpoints/patrols would be cheaper than the new bill.

A felony charge, rather than a misdemeanor, may prove to be an effective deterrent, argue advocates, because the penalties and impact on a criminal record would be more severe. Many states find that alternative methods effectively reduce DUI rates, however. Ridesharing programs and pocket breathalyzers also help drinkers make informed decisions about driving.

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: February 2, 2015

North Dakota Man Arrested for DUI on Zamboni

by Michael Kraut

Veteran lawyers and police officers can tell you that Los Angeles DUI arrests can occur in all sorts of diverse vehicles. You can be arrested for DUI any time you are on public property driving a motorized vehicle, including golf carts, boats, ATVs, UTVs, lawn mowers, and yes, even Zambonis!

On January 31st, officers busted a Zamboni driver at a high school ice rink for driving under the influence. In case you’re not a hockey fan… Zambonis are drivable ice rink cleaning machines; they’re named after the person who invented them. Attendees at this hockey game noticed the driver’s impairment when his driving noticeably changed between the first and second periods. Witnesses noticed that the driver had been “weaving and bumping into the boards on the rink.” Luckily, no one got injured.

Steven Anderson, the driver, could face 30 days in jail and a $1,000 fine. Anderson had been employed seasonally with the ice rink company, Fargo Parks, intermittently for 6 years prior to his arrest. He will face disciplinary action with Fargo Parks, and he could face serious criminal consequences if convicted of the DUI, including jail time, loss of his (real) driver’s license and tough probationary terms.

Although Zamboni and lawnmower DUI cases may seem amusing to the general public (and even to those accused of serious DUI crimes themselves), they’re really not a laughing matter. You can still get hurt or killed (or hurt and kill others) with these motorized vehicles and face charges per California Vehicle Code 23153, which elevates a DUI to a felony if you hurt someone while operating a vehicle while under the influence.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

Published on: January 12, 2015

Controversial Florida Law Provides Safe Passage for DUI Drivers Through Checkpoints?

by Michael Kraut

The Los Angeles DUI community has been hotly debating the pros and cons of a recent stunt that drivers in Florida have been pulling to avoid getting arrested at checkpoints.

A recent video posted to Youtube shows several drivers passing through a DUI checkpoint in Florida and passing through unscathed. The drivers allegedly printed a document disseminated online by a Florida attorney. The document read as follows:

“I Remain Silent
No Searches
I Want My Lawyer

Please put any tickets under windshield wiper.
I am not required to sign.
I am not required to hand you my license.
Thus I am not opening my window.
I will comply with clearly stated lawful orders.”

In the video, officers can be seen approaching each car at the DUI checkpoint. The drivers then each hang their printed notices outside of their driver’s side, wrapped in plastic. They slow down to let the officers read the paper. The vehicles are then waved along without being subjected to searches.

The action drew outrage from various online media channels. Critics say this strategy unfairly protects inebriated drivers, giving them a free pass to drive on and possibly cause even fatal injuries to themselves or others. Champions of this tactic say that the police have no right to unfairly search a car without suspicion. The question remains: should a police officer be required to witness reckless behavior before stepping in, or is it better to be safe than sorry?

The Supreme Court ratified the legality of DUI checkpoints a few decades ago, but police stull routinely violate the Constitutional rights of drivers both at checkpoints and at random stops. If you suspect that police pulled you over without probable cause – or because of the color of your skin – you may be able to use that information to construct a powerful defense against your charges.

A Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers can provide detailed, smart assistance with your legal challenges.

Published on: December 24, 2014

Christmas DUI Dangers and How to Avoid Them

by Michael Kraut

Los Angeles DUI deaths and injuries are tragic no matter what time of year they occur. During the holidays, however, both the tragedy and the frequency of these incidents increase. Mothers Against Drunk Driving (MADD) reports that many fatal traffic collisions that occur at Christmas involve DUIs. 57% of New Year’s traffic collisions, meanwhile, involve DUIs. It’s estimated that at least 1,200 deaths will occur across the U.S. this year because of DUIs this holiday season, with only a small percentage resulting in convictions. Many people face life-altering sentencing for DUI convictions, even for a first or second offense, because of circumstances such as children in the car or damage to multiple vehicles.

Why do people drive under the influence during the holiday season? The attorneys at the Kraut Criminal & DUI Lawyers hope to illuminate a few reasons and in so doing, educate readers and their loved ones.

Stress

Published on: December 8, 2014

Driver Arrested for DUI on Golden Gate Bridge: Amazing Footage Captivates Nation

by Michael Kraut

Some Los Angeles DUI crashes are more “picturesque” than others.

Most people enjoy visiting the Golden Gate Bridge, but few tourists actually drive Ford Mustangs onto the bridge and get stuck there, even if they’re driving under the influence of alcohol. Unfortunately, this is exactly the position 44-year-old Daniel Soto found himself in last Tuesday.

Allegedly, Soto had been traveling southbound through San Francisco trying to beat morning rush-hour traffic, when he lost control of his Ford Mustang, plowing over one of the Golden Gate Bridge’s steel barriers and through a steel gate before landing on a nearby sidewalk. Soto’s airbags were deployed, so his car became “wedged” on the narrow sidewalk according to California Highway Patrol Officer Andrew Barclay. Soto sustained only minor injuries.

Barclay called the incident “uncommon,” and in its own way, the story may seem humorous. However, Soto’s poor decision last Tuesday could have easily resulted in severe injuries or death for him and the citizens around him. Every DUI incident must be taken seriously, and its consequences examined thoroughly to prevent similar incidents.

Driving under the influence can lead to poor decision making on several levels. For example, high blood alcohol levels tend to affect one’s sensory perception. It often becomes difficult for an inebriated driver to see the road, the median, or surrounding traffic.

Many people drink because they are depressed or angry. Once someone in this emotional state gets behind the wheel, his or her potential for injury to self or others skyrockets. The driver’s strong emotions cloud judgment and critical thinking skills, making him or her vulnerable to poor decisions.

Finally, some drivers decide to drive under the influence because they think it will be adventurous or fun. Unfortunately, what starts out as a joyride with friends often turns into a DUI citation, a trip to the local jail, fines, and probation. Poor decisions made out of a desire to have fun while under the influence can also result in gratuitous property damage and embarrassment, as Daniel Soto discovered.

To respond effectively to your charges, call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

Published on: November 7, 2014

Demetrius Cherry, Defensive End for Arizona State, Arrested for DUI – Are Football Players Really Prone to More DUIs than the Rest Of Us?

by Michael Kraut

Los Angeles DUI blogs like this one are inevitably attracted to stories about celebrity DUI arrests. But is our coverage biased? Do NFL players, for instance, get arrested for crimes like DUI at unsually high rates?

Over the weekend, police in Tempe Arizona arrested Demetrius Cherry, a junior defensive end for Arizona State. According to reports, police stopped him at South McAllister Avenue and University Drive at around 1:46 in the morning. Details of the arrest – such as what his blood alcohol concentration allegedly was and why police stopped him in the first place – have not been made public.

Cherry’s coach suspended him from Saturday’s game against Utah.

The arrest stimulates interesting thinking about the relevance of NFL and collegiate football DUIs to the national conversation about DUI. News agencies and blogs like this one seem to constantly be discussing NFL and collegiate football DUIs, because they’re often in the news, and because people tend to be curious when celebrities mess up.

However, just because such stories appear in the news frequently does not necessarily mean that NFL players, on average, break DUI driving laws more frequently than average citizens do. The problem is an availability bias. Since we constantly see news stories about football players getting arrested for DUI, we tend to think that DUI must be epidemic among them.

But what’s really epidemic is the COVERAGE of these arrests.

When an IT worker drives while over the legal limit, and police pull him over an hour later and test him to have a blood alcohol concentration of 0.12 percent (one and half times the California legal limit), that story will not make the news… unless of course the IT worker does something extraordinary, like kill someone or make a ridiculous comment to the police.

But when a NFL player is busted for DUI, for any reason, it’s news.

For help understanding your legal situation, turn to an experienced Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers. Schedule a free consultation with a former Deputy District Attorney (high-level prosecutor) about your case.

Published on: November 3, 2014

Awful Story — After a DUI Accident, Victim Shot to Death by Police in Hospital

by Michael Kraut

The aftermath of Los Angeles DUI accidents can be quite traumatic and confusing. DUI suspects can make errors or engage in dumb behaviors that can put people (and police officers) at risk of injury and lead to criminal charges. Police officers and other responders can also make errors and misjudgments, which can complicate the situation.

One dramatic and very sad story out of Highland Park, Illinois, illustrates the complexities that often accompany DUI arrests. According to local news sources, a man from Waukegan died at a local hospital after police officers shot him. Here’s how the scenario reportedly unfolded. An alleged DUI accident on Illinois Route 94 attracted the attention of Illinois State Police, who found two injured passengers, Christopher Anderson, 27-year-old, and his 9-year-old daughter, Alaysia. Later that morning, hospital staff called police officers to respond to a very aggressive patient, who allegedly brandished a handgun, demanding to see his daughter. Police responded by shooting Anderson fatally.

The incident stoked alarm from some members of the community. The local paper quoted community activist Ralph Peterson, who asked: “how could a 27-year-old whose daughter is seeking medical attention end up dead?” Of course, if the man, indeed, had pulled a gun on hospital workers in an aggressive manner, the police obviously had a right to respond and protect themselves as well as any nurses, doctors and patients in harm’s way.

Stories like this remind us of how important it is to collect quality evidence. Did the police err or engage in misjudgments? Were the breathalyzer test and field sobriety tests and other assessments used by authorities fair and accurate?

To solve the puzzle of your criminal defense, trust an experienced, highly qualified Los Angeles DUI criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut spent over 14 years working as a prosecutor, and he has the knowledge and relationships you need to build an effective defense.

Published on: October 13, 2014

A Wild Ride: Utah Bus Driver Allegedly Takes Kids on a Crazy Fieldtrip While DUI (“My Heart is Pounding”)

by Michael Kraut

It’s obviously dumb, dangerous, and illegal to drive under the influence in Los Angeles, under any conditions. But it’s particularly dumb, dangerous and illegal to drive DUI with kids in your vehicle – especially if you are a professional bus driver.

39-year-old Lycia Martinez faces very intense charges, after she allegedly drove DUI in Utah with 67 elementary school kids on her bus. Per reports, the Salt Lake City bus driver apparently took antianxiety drugs as well as muscle relaxers — Utah Highway Patrol apparently found these pills in her purse — and nearly struck a car on a busy freeway with the elementary school kids in tow. A motorist called 911 and reported “she can’t stay in the lanes, she is crossing the double lines, and the adults are getting scared … oh my hell … I don’t get scared very easily, but my heart is pounding.”

Police later stopped the bus on Interstate 15, nearly 40 miles from its location. Blaine Robins of the Utah Highway Patrol said “we really dodged a bullet.” The bus had been traveling on a major five lane highway, and the situation could have easily sparked an awful and fatal crash. Chris Williams, a spokesperson for the local school district reflected: “talk about precious cargo… we are very fortunate nothing happened, not only with the students on the bus but with other drivers on the road.”

Drug DUI, like an alcohol DUI, can lead to punishments ranging from serious jail time (particularly if you hurt anyone), forced alcohol school, license suspension, and other indirect consequences, such as higher insurance rates and the loss of your job.

Driving DUI with a minor in your car (under 14 years old) can be charged as an additional crime, meaning that you could get more jail time and other penalties. If you or someone you care about faces such charges, contact an experienced former city prosecutor at the Kraut Criminal & DUI Lawyers today to talk to a qualified Los Angeles DUI defense attorney about your possible next steps.

Published on: September 15, 2014

Kevin Olsen the Latest NFL Player to Face DUI Charges

by Michael Kraut

A Los Angeles DUI arrest and conviction can dramatically alter the course of a promising life or career. This could soon be true for Miami Hurricanes backup quarterback Kevin Olsen.

Authorities arrested Olsen, a University of Miami freshman, on September 15. He now faces charges that could impact his standing at the university and athletic career for failing a field sobriety test and possessing five stolen or counterfeit driver’s licenses. This arrest represents the most recent in a string of disciplinary troubles for Olsen. He previously left the scene of an accident, failed to report an accident, and received two suspensions from the Miami team for failing to follow team standards.

It is not yet clear how this legal woe will impact Olsen, the younger brother of Carolina Panther Greg Olsen, as he continues to pursue an education and football career. Based on existing DUI laws, however, a conviction will likely result in several repercussions.

Whether you’re an athlete or an average citizen, driving under the influence in the state of California can result in significant consequences. These may include:

• License suspensions. Your driver’s license could be confiscated and suspended for up to one year.

• Job loss or suspension. Employers often choose not to hire new employees with a history of DUI or fire existing employees who violate these laws. They may also suspend workers without pay after a DUI conviction.

• Fines. Fines up to $1000 (plus court costs) and license reissue fees can be charged for a first offense.

• Jail time. You could spend between 48 hours and 6 months behind bars with a first DUI conviction.

Repeat offenses or those accompanied by reckless behavior exacerbate these consequences. If you have recently been arrested for DUI, a Los Angeles DUI attorney can help you form a solid defense. Contact the Kraut Criminal & DUI Lawyers today to discuss your legal options.