los angeles DUI

Published on: June 5, 2015

Unusual DUI Arrests: Early Summer Edition

As the weather gets warmer, the circumstances surrounding arrests for DUI in Los Angeles and other cities seem to get a little stranger. Here’s a look at two such arrests during the past few weeks.

Cops are accustomed to finding open beer and alcohol bottles when they pull over a driver because they suspect he/she is driving under the influence. But it’s not often that they can trace a driver’s erratic performance to almost-empty cans of whipped cream in a vehicle.

Police officers in Franklin, Tennessee, arrested 28-year-old Anna Thomas after she crashed her car into mailbox. That was after she had driven the same car into a ditch. The cops said Thomas was apparently high on aerosol gases from 13 whipped cream cans.

Thomas isn’t a stranger to officers—she has had 10 arrests, several for DUI and others for driving on a suspended license and violating probation.

Meanwhile, in Hurricane, Utah, a man tried to kick out the windows of a patrol car as an officer was transporting him to jail for a DUI. Prior to his arrest, Robert Paul Lemkuhl had let his car roll backwards and strike another vehicle; he then took off, driving erratically, and didn’t stop until cops pulled him over. They allegedly found an open container of alcohol in his vehicle.

During Lemkuhl’s trip to jail in a police car, he attempted to break out the vehicle’s windows. Concerned that Lemkuhl would try something else, the officer turned on the flashing lights on his patrol vehicle and the suspect got a fast ride to jail.

In addition to charges for DUI, Lemkuhl could face other charges stemming from the initial collision and from his behavior in the cop car.

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: May 29, 2015

Lawyers Face Disbarment for Setting up DUI Arrest

by Michael Kraut

Three lawyers apparently thought that they could win some favor with a jury by arranging a DUI arrest for the attorney opposing them. It’s unlikely that any recent case of DUI in Los Angeles has as convoluted a back tale as this one.

It all goes back to 2012-2013, when Todd “MJ Kelli” Schnitt, a conservative radio talk show host in Tampa, Florida, sued a rival from another station. Schnitt’s lawsuit alleged that Bubba the Love Sponge Clem (that really is the name he uses) had defamed Schnitt and his wife Michelle during several radio shows. (For example, he called Michelle a whore at one point.) A jury eventually found in Clem’s favor.

But even as the trial was going on, there was another drama taking place behind the scenes. Robert Adams, Stephen Diaco, and Adam Filthaut, the attorneys representing Clem, apparently arranged for their legal secretary, Melissa Personius, to flirt with Schnitt’s attorney, Phil Campbell, in a bar. Her job was to keep Campbell drinking and then get him behind the wheel of a car so a waiting cop could pick him up for DUI. Campbell could have walked home, but Personius asked him to take her home, claiming she was too drunk to drive.

Personius denied that her bosses had put her up to the scheme, but her ex-husband claimed that she had told him she would get a big bonus for her part in the scheme. (Her ex also videotaped her telling that story.)

Clem’s three attorneys, who have denied the charges, now face a disbarment trial for their role in the DUI setup. Meanwhile, prosecutors have dismissed the DUI charges against Phil Campbell.

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 6, 2015

No Alcohol Sales to DUI Drivers?

by Michael Kraut

How much is too much when it comes to punishing drivers caught driving under the influence? People who have lost family members or suffered serious injuries in a Los Angeles DUI would probably argue that the current laws don’t do enough to discourage driving under the influence. But people who have lost their licenses or their jobs because of a DUI offense would probably say they were punished too severely.

A lawmaker in Oklahoma wants to add another penalty for anyone convicted of the offense in his state. He’s introducing a bill that allows a judge to ban DUI drivers from buying or consuming alcohol for a set period of time.

According to the Washington Times, State Senator Patrick Anderson wants convicted DUI drivers to carry a special identification card that would alert alcohol sellers like bartenders and liquor store clerks to the restriction. Any seller that didn’t comply could face fines up to $1,000 and up to a year in prison.

Anderson said he modeled his bill on Alaska’s current law, which permits judges to restrict convicted DUI drivers from alcohol purchases. These drivers must carry a license marked with a “J” and carrying the words “Alcohol Restricted.”

In New Mexico, State Rep. Brian Egolf has introduced a similar bill for the second time. It would ban the sale of alcohol to anyone required to use an ignition interlock system after a DUI conviction.

Meanwhile, in Tennessee, the state Senate defeated a proposed bill to ban alcohol sales to people who have had more than three or four DUI convictions.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

Published on: April 20, 2015

Wild Ride for Seniors with DUI Driver at the Wheel

by Michael Kraut

Although it’s tough to admit you’re too old to drive safely, responsible seniors know when it’s time to give up their licenses for the sake of the other motorists who are sharing the road. Medicines, both prescription and non-prescription, can be a problem for older Americans. Those medicines may impair their motor skills and lead to charges like a Los Angeles DUI--even when they haven’t had a drop of alcohol. It just becomes easier to leave the driving to other folks.

It’s somewhat ironic, therefore, that a busload of day trippers from the Snohomish Senior Center in Washington State had the misfortune of having 45-year old Gilbert Maier behind the wheel of their van. Any one of them would have probably done a better job at driving.

The 11 seniors were passengers on a van traveling to the Skagit Valley Tulip Festival in Mount Vernon, Washington. Maier was the driver, but it soon became clear to the terrified travelers that the senior center could have done without this volunteer. Even before he got to the Interstate, Maier ran two stop signs and hit curbs, apparently talking on the phone as he was driving. He even swerved briefly into the wrong lane.

The passengers eventually spotted a state trooper over by the side of the road and demanded that Maier stop. He almost hit the cop as he complied.

Police officers took him off to jail, where they determined that a combination of prescription drugs–antidepressants and pain killers–contributed to Maier’s erratic driving. They charged him with DUI.

This was Maier’s second arrest for DUI. The Snomish Senior Center did run a required background check before letting him drive the van, but an earlier charge in 2014 didn’t show up on Maier’s driving record because it was a misdemeanor.

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 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: March 18, 2015

Arrests for Drunk Driving at Border Less Likely Than Los Angeles DUI

by Michael Kraut

Are people in the U.S. without proper documentation getting a pass when it comes to getting picked up on DUI charges? Judicial Watch, a political watchdog group, claims that directives from the U.S. government encourage officials to look the other way when it comes to arresting illegals suspected of DUI along the U.S. and Mexican border. (Too bad such protections aren’t offered to southern Californians, who usually need to hire a Los Angeles DUI attorney if they’re suspected of driving under the influence.)

An article in the online Examiner quoted sections of memos to Border Patrol agents from the Department of Homeland Security. One sentence reads, “There is no legal requirement for a Border Patrol agent to intervene in a state crime, including DUI.” Another reads, “There is no duty to detain the alcohol-impaired individual, but if you do this option can raise potential liability for the agent or the agency.”

Border patrol agents could be forgiven for thinking they were getting mixed messages; in the same memo, DHS said that agents should cooperate with local and state officials if those agencies notify them they need help with a violation of state law. Apparently, however, federal agents are not supposed to act on their own in such circumstances, even if they observe someone breaking the law.

This position seems particularly unfair when you consider the penalties that California drivers convicted of DUI can face. A first-time offender may be looking at fines and penalties of up to $1,000, four days to six months in jail and up to 10 months license suspension. Second-time offenders may have to serve up to a year in jail, pay up to $1,800 in fines and lose their license for two years.

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: March 9, 2015

Assemblyman and Young Woman Face Multiple Charges Associated With DUI

by Michael Kraut

The Los Angeles DUI community is abuzz about two recent, highly publicized DUI cases involving additional allegations of manslaughter and illegal weapons possession.

Officers arrested Nevada Legislature assemblyman, Richard Carillo, on Feb. 27. They found Carillo parked in his car just north of the state capitol. The arrest report indicated that officers found Carillo asleep with his hands and feet in driving position. The car was still running.

The officers also allegedly found a loaded .22-caliber weapon in his possession at the time. The assemblyman did have a concealed weapons permit; however, under state law, no one can carry a weapon under the influence. The charges against him include a misdemeanor DUI and weapon’s possession charge for carrying while intoxicated. Carillo has not made a public statement about the arrest yet.

Meanwhile, in Florida, 24-year-old Shameka Jones crashed her SUV. According to reports, her vehicle rocketed into the air after she swerved onto the shoulder. The SUV rolled multiple times and hit nearby trees. Jones’ SUV contained 12 people total, 3 adults and 9 children, ranging in age from 6 months to 10 years. A 2-year-old died, and all other passengers suffered injuries from the accident. Jones faces charges for DUI manslaughter.

These two cases highlight the complexities of DUI law. Contributing factors often lead to additional charges that are difficult to fight. The number of people involved in Jones’ accident will obviously profoundly impact the legal outcome and possible sentencing. Carillo’s weapons charge could complicate his DUI defense and challenge his ability to protect his job as a legislator.

DUIs affect more than a person’s criminal record. They also impact personal and professional lives. Court cases for DUI often take several months, even years, to complete.

Anyone facing a compounded DUI charge would be wise to consult with a qualified, experienced Los Angeles DUI defense attorney, who can help you understand the relevant laws as well as your rights and determine the best course of action.

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: March 4, 2015

East Coast DUI Cases Leave 2 Facing Charges in Pennsylvania and Virginia

by Michael Kraut

The Los Angeles DUI community urges all those stopped by officers to cooperate and avoid doing dumb things that can make your case worse and add to your charges. Two DUI cases reported out of Scranton, PA and Charlottesville, VA highlight the dangers of driving under the influence. DUI cases involving college and professional sports players appear in the media almost every week. Unfortunately, the athletes’ high profiles mean everyone notices when they make mistakes.

In Scranton, Sean Singletary now faces charges for DUI after an arrest on March 1. Singletary has played basketball at UVA’s notable program as well as at the professional level. Officers pulled him over after noticing erratic driving patterns, and they arrested him after he refused to take a breathalyzer test. Any convictions could obviously affect Singletary’s future in basketball.

In Charlottesville, David Turano recently pled guilty to a 2014 DUI accident that killed a 12-year-old boy. Turano plead guilty to charges of motor vehicle homicide, aggravated assault, and DUI. Turano crashed into Leonard Zupon’s car during Labor Day Weekend 2014. Zupon’s son, Lenny Jr., died from the injuries. Turano fled the scene, but police ultimately found and arrested him. Zupon is still recovering from accident related injuries. Turano faces 5-12 years in prison for his actions.

Alcohol or drugs in the driver’s system can fuel reckless driving. The legal repercussions of a DUI incident or accident can be profound in and of themselves. But punishments can get much worse when drivers flee from the scene. The case in Charlottesville illustrates the importance of remaining at the scene of an accident, even if you fear the consequences.

These two DUI cases rhyme in many ways. Both feature instances of erratic or reckless driving fueled (allegedly in Singletary’s case) by alcohol. However, in one case, the driver hit a vehicle, causing the death of a child. If you face charges for an unintentional death, get in touch with a qualified Los Angles DUI defense attorney to protect your rights and legal options.

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 experienced Los Angeles DUI attorney with many relevant connections in the local legal community.

Published on: March 2, 2015

Florida Circuit Judge Convicted of DUI, Suspended From Job

by Michael Kraut

Our Los Angeles DUI attorneys often strive to remind the general public that no individual receives special treatment for DUI. Cynthia Imperato, a 57 year old Florida circuit judge, now faces suspension, a $5,000 fine, and a satisfactory alcohol evaluation before she can resume her role on the bench.

Law enforcement arrested Imperato in November 2013 for DUI and reckless driving in Boca Raton. She allegedly refused both the breathalyzer and field sobriety tests. In December, she received 2 convictions for charges of DUI and reckless driving. The courts sentenced her to almost a month of house arrest and a year of probation.

Imperato also faced a DUI conviction 27 years ago. Early in March, the Judicial Qualifications Commission, which is responsible for assessing a judge’s misconduct, determined that the conviction did not affect Imperato’s role as a judge. She can return to her work after completing her sentence.

Judge Imperato accepts that her behavior on the night of the arrest was unethical. Some have perceived her mention of her role as a judge that night as an attempt to “obtain preferential treatment.” The judge admits that she should have been more compliant and should have submitted to a breathalyzer test.

Law enforcement officials, judges, and lawyers face the same penalties as the general public for driving under the influence. This case shows that the system can exact justice in an impartial way and proves that every citizen can face equal scrutiny under the law.

The story of Imperato’s arrest also illustrates how a person’s prior character and behavior can affect the outcome of a case. Her proven ability in the courtroom and reputation in the community both affected her sentencing. Everyone makes mistakes, but a DUI charge or conviction does not necessarily have to overshadow your life.

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: February 23, 2015

Attractive Mug Shots – When Good Looks Cause Trouble After DUI Arrests

by Michael Kraut

Nobody likes the way they look in a Los Angeles DUI mug shot – the lighting is awful, and the drab cement background isn’t flattering. You also have to deal with your picture creating negative connotations. It is understandable why you wouldn’t want your mug shot to be easily found by anyone, let alone prospective employers or dates.

But what if you’re so good looking that your mug shot photo attracts too much attention?

That’s exactly what 28-year-old Meagan Simmons is dealing with right now. Police arrested Simmons for a DUI in 2010. Her especially attractive mug shot quickly became an internet sensation and spawned multiple “attractive convict” memes. Background check website InstantCheckmate.com picked up on the trend and used her mug shot photo in several advertisements for its service.

Simmons is currently undergoing a litigation process with the website. She claims that InstantCheckmate.com used her picture for advertising purposes without permission. The advertisement slogan featured her picture and read “Sometimes the cute ones aren’t that innocent.” The nature of the advertisement — and its association with the alleged criminal conduct — have caused Simmons distress.

Model Arrested for DUI in Florida – Next “Attractive Convict” Meme?

Police arrested a professional model for an alleged DUI last Wednesday. Ralitsa Ivanova, 29, of St. Petersburg has been featured in Esquire and on the cover of Maxim. She was pulled over on US 41 at 3:45 a.m. for traveling in the wrong direction. Ivanova told officers she was texting while driving and kept getting lost. According to the sheriff’s report, she had trouble standing, and her breath smelled strongly of alcohol. Police released her around 1 p.m. the next day. Will her good looking mug shot inspire the next Attractive Convict meme?

Good looks don’t get you out of everything. If you’ve been arrested for a DUI and want to respond effectively to your charges, call a qualified Los Angeles DUI lawyer at the Kraut Criminal & DUI Lawyers today to schedule a free consultation.