los angeles DUI

Published on: February 6, 2015

An Analysis of Super Bowl and Los Angeles DUI Rates Halfway Through 2015’s “Drinking Season”

Police erected Los Angeles DUI checkpoints around the city throughout Super Bowl weekend. Super Bowl Sunday is known for its high DUI rates, which are similar to the arrest rates for holidays such as St. Patrick’s Day, New Year’s Eve, and Valentine’s Day. According to a new article in Forbes, drivers can take advantage of two powerful tools to protect themselves and others on the road during what some authorities have been cheekily calling “drinking season,” the stretch of the year from December to March that includes some of the most dangerous holidays for DUI.

So what can be done to deal with this societal problem? The mobile apps, BACtrack and Uber, could help us collectively crack down and save lives. Consider the following statistics:

BACtrack, a breathalyzer app that works with a smartphone, tracks data from users and lets law enforcement officials as well public safety and auto safety experts analyze these data to inform policy. BACtrack, for instance, helped quantify last year’s Super Bowl Sunday DUI issues by calculating that the average DUI driver had a BAC level of .091%.
43% of BACtrack users report buying the product to avoid DUI.
Drivers whose BAC levels are at or above the legal limit of .08% are responsible for 21% of deadly crashes, according to the National Highway Traffic Safety Administration.
BACtrack identified December through March as the peak drinking season, when accidents are more likely to involve significant alcohol consumption.

Together with ride share apps, like Uber, technological aids like BACtrack can potentially help drivers make more responsible decisions when going out.

Thanks in part to highway patrol checkpoints and PSAs, awareness about DUI driving dangers has spread recently. Many cities in the Southland and beyond hosted extensive DUI checkpoints starting the Friday before Super Bowl Sunday. The Auto Club of Southern California also provided a “Tipsy Tow” service free for anyone who lived within a 7 mile radius of the pickup location.

The wildly successful (and somewhat controversial) rideshare program Uber, meanwhile, claims that the company can help gimp DUI rates by simplifying and streamlining the “designated driver” concept. To Uber’s credit, statistics show that DUI related accidents have indeed been declining in cities where Uber offers its services.

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: January 21, 2015

Kentucky State Senator Begs Press for Special Treatment After DUI

by Michael Kraut

As Los Angeles DUI attorneys can attest, some CEOs, politicians and celebrities really do feel entitled to special treatment in the legal system, even though the law strives to treat everyone equally. Long-time Kentucky Congressman Brandon Smith stands accused by many in the media of asking for this kind of princely treatment in light of a DUI incident a few weeks ago.

On January 6th, the senator allegedly had been driving 20 MPH above the speed limit. A police officer who pulled Smith over detected alcohol on his breath. Smith exercised his right to deny taking a breathalyzer, so the police arrested him and hit him with an aggravated DUI charge.

In statements that he later made to the press, Smith insisted that his past history as a good guy should exculpate him, to a degree. He insisted that he’d “never been in any kind of trouble. You can’t just change overnight.” In a different interview, he said that his DUI shouldn’t affect his career as a lawmaker.

Any person pulled over in Kentucky (or in California) on suspicion of DUI can be subject to mandatory blood testing under the state’s implied consent law. If police arrest you for DUI, you also must take a blood test. Police encourage drivers not to refuse a chemical test, because such a refusal can create complications for the defense and potentially lead to excess jail time, longer license suspensions and other consequences.

In California, any driver pulled over on suspicion of driving while under the influence can be subject to a breathalyzer test. Assuming you’re not a minor and you don’t have a criminal history, in general, you do not have to take this test. However, refusal to take a test after arrest could lead to loss of license and fines, even if you’re not ultimately convicted of DUI.

No matter what happened during or after the event that led to your arrest, the experienced team at the Kraut Criminal & DUI Lawyers has the compassion and deep knowledge of relevant laws and statutes to craft an appropriate defense strategy. Please call a Los Angeles DUI defense lawyer now to review your options.

Published on: January 14, 2015

Maryland Bishop Faces Hit and Run DUI and Manslaughter Charges

by Michael Kraut

Our Los Angeles DUI lawyers were saddened to learn about a terrible fatal tragedy that rocked Maryland a few weeks ago and left a major church embroiled in public relations damage control. Heather Cook, an Episcopal bishop in Baltimore, Maryland, was arrested in early January for a hit-and-run incident while allegedly intoxicated. That collision left a bicyclist dead at the scene.

44 year old Tom Palermo had been riding his bike when Cook — who allegedly had been texting while driving — struck him from behind while swerving on the road. Tests later suggested that she had three times the legal amount of alcohol in her system. (Per both Maryland and Los Angeles laws, the legal limit is 0.08% BAC).

The bishop then allegedly panicked and drove off for over half an hour, leaving witnesses to call for an ambulance. Mr. Palermo died of his injuries a short time later. Bishop Cook later returned to the accident scene and gave herself up to the police.

This is Bishop Cook’s second DUI charge. Four and a half years ago, police arrested her for possession of marijuana and driving under the influence. After that incident, her diocese failed to inform most of the church’s administration of the crime. Shortly after, church higher-ups promoted her to bishop.

Cook’s alleged actions left a wife and two children without a father; critics say the church has failed to punish her behavior appropriately. The diocese placed Cook on leave with full pay and compensation. In a statement made to the press, the church said it’s putting faith in the judiciary system to render a fair and just response. If the bishop successfully avoids prison, the church has indicated that she will get to return to her position without any repercussions.

Critics say that Bishop Cook has received special treatment from the state attorney’s office. They say that attorney Marilyn J. Mosby waited nearly two weeks to file charges against Cook; meanwhile, the cycling community and general public has fumed. Critics said that a layman similarly charged would have been treated much more harshly by the system.

If you got pulled over for a DUI, don’t panic, but do take strategic action to deal with your charges. An experienced Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers can help you respond strategically to your arrest and avoid common errors that can complicate cases.

Published on: January 7, 2015

Los Angeles DUI Arrests Skyrocket Over New Year’s Holiday, According to California Highway Patrol Reports

by Michael Kraut

Los Angeles DUI arrests spiked over the New Year’s holiday, as this blog (and other sources) predicted. But we had no idea that the damage would be as bad as it was.

From 6 PM on December 31 through 6 AM on the 1st, local officers in Los Angeles arrested 219 people across the county, and nearly a thousand people throughout the Golden State celebrated the ringing in of 2015 by getting handcuffed and charged per California Vehicle Code Section 23152 or 23153.

Talk about starting 2015 off on the wrong foot.

Depending on the nature of these allegations, defendants can face punishments ranging from severe fines and fees, to license suspensions, to probation, to significant jail time. In addition, their insurance rates can skyrocket, and they can face all sorts of indirect problems in their lives, including relationship troubles, getting reprimanded at work, and struggling with logistics, such as grocery shopping and child care.

The CHP noted that, over the 84 hour window that constitutes the New Year’s holiday, two people died in DUI crashes in Los Angeles County and 14 people across the state died.

To put these numbers in context – and to understand why this story is so important – we need to look at last year’s numbers. According to CHP records from 2014, only 104 people got arrested in Los Angeles County and only 457 people got arrested for DUI in California during the same time period.

Peter Bishop, a CHP Officer, told the Los Angeles Times that the spike in DUI arrests was “actually shocking because we have so much available [in the way of safe riding services Lift and Uber] now.”

When analyzing numbers like accident statistics or DUI statistics, you need to be very careful to avoid over-interpreting surprising results. For instance, does the doubling in DUI arrests across the state indicate an odd statistical artifact and nothing more? Or should we read the signal as indicating that driver behaviors have somehow taken a turn for the more dangerous?

Without more data points – and carefully controlled studies – we really can’t know.

If you have been struggling to try to figure out how to respond effectively to your recent charges, a Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers can assist. Call us now to connect with a former prosecutor with nearly two decades of experience working on Los Angeles DUI cases.

Published on: December 29, 2014

5 Surprising Winter Challenges That Can Make Los Angeles DUI Accidents Extra Dangerous

by Michael Kraut

Los Angeles DUI accidents are dangerous at any time. Unfortunately, many people think they are less dangerous in the winter because California doesn’t does not experience much snow and ice. The DUI attorneys at the Kraut Criminal & DUI Lawyers know the exact opposite is true. Winter makes DUI significantly more dangerous for at least five reasons:

1. Rain

Winter often marks the first time California experiences rain in several months. If the roads have been dry for a long time, the slightest bit of precipitation makes them especially slick. Rain also loosens the greasy lubricants in people’s cars such as oil, causing oil slicks and dangerous skidding. Rain makes for poor visibility that is only compounded if someone is driving under the influence.

2. Changing Traffic Patterns

The holidays mean an increase in traffic, which leads to traffic jams and accidents. To avoid these, transportation officials and police may put up detours or otherwise reroute traffic. The changing traffic patterns can be disorienting, particularly for intoxicated drivers. Drivers also get frustrated when a traffic pattern takes them away from their usual route. Angry drivers are likely to cause more accidents, and alcohol only fuels frustration.

3. Time Changes

Winter signals the end of daylight savings time. Although large urban areas like Los Angeles still have plenty of city lights at night, the earlier darkness disorients many drivers. Some people who drive intoxicated may try to get home under cover of darkness, thinking they won’t be spotted as easily. Unfortunately, hidden obstacles can trip up both inebriated and sober drivers, leading to accidents.

4. Unequipped Cars

Drivers must always ensure their cars are equipped for winter weather. As discussed, even warm states like California are susceptible to rain and wintry mixes. Small, compact cars like Volkswagens or trucks without four-wheel drive are particularly vulnerable.

5. Distraction

During the holidays, people tend to be distracted easily. Drivers are more likely to make calls while traveling or try to multitask while on the road. This leads to carelessness, accidents, and possible fatalities.

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: November 25, 2014

Not a Good Idea to Do While Driving DUI… Gunning It the Wrong Way on the 405

by Michael Kraut

Try to imagine the worst place to drive DUI in Los Angeles.

If you said “the 405,” you would probably have a lot of people who would agree with you.

The 405 is notoriously clogged with Sig alerts and other nasty types of traffic not just during business rush hour but at many other (often unpredictable) times of day and night. It’s not uncommon, for instance, to wind up in a Sig alert on the 405 at 9 pm on a Sunday, for instance.

The 405 is a crazy road.

Of course, one way to make any trip on the 405 worse is to drive under the influence of drugs, alcohol or prescription medication.

To wit, let’s take a close look at a case out of Costa Mesa; police arrested a woman early last Sunday after a crash on the 405. She apparently drove onto the off ramp and shortly thereafter smashed head first into a car exiting the 405 on Fairview Street. The accident critically injured the driver of the second vehicle, and paramedics rushed that person to Western Medical Center in Santa Anna for treatment. According to a California Highway Patrol dispatcher, the crash took place at around 12:26 am. The name of the suspected DUI driver has not been released, but news reports said that she collided with a white SUV.

This story illustrates why DUIs can be so particularly pernicious and dangerous.

It’s not just that driving under the influence slows down your reaction time; driving DUI can also lead to terrible decision making.

If news reports are correct, this woman could wind up in jail for well over a year, even if the victim in the white SUV survives, because of California vehicle code 23153, which charges injury DUIs as felonies.

Whether you stand accused of injury DUI or a non-injury misdemeanor DUI, you probably need legal help right away to calculate how to respond. Call former prosecutor and widely respected Los Angeles DUI defense lawyer, Michael Kraut of the Kraut Criminal & DUI Lawyers, right now to schedule a consultation about your possible next steps.

Published on: October 29, 2014

Zombie and Hello Kitty Arrested For DUI [Zombie Twice In One Night!]

by Michael Kraut

As Halloween approaches, spooky Los Angeles DUI stories are bound to start hitting the presses.

Sure enough, two ridiculous and sad tales just popped over the past week. The first involved 26-year-old Catherine Butler, a Rochester, New York woman who earned internet notoriety after police arrested her twice in the span of just three hours for driving under the influence.

Police originally stopped her at around 2 in the morning after noticing that her car didn’t have its headlights on. Per WHEC in Rochester, officers took Butler to the police station for her mugshot and subsequently released her. Less than three hours later, at 4:57 a.m., police allegedly spotted Butler swerving all over the road and arrested her again. By this time, she had cleaned up her zombie makeup. So her second mugshot was normal. But according to authorities, her blood alcohol concentration tested above the 0.08% limit for DUI both times. (The NY limit is identical to the one here in Los Angeles, as defined by California Vehicle Code Section 23152.)

Meanwhile, up in Maine, police arrested non other than Hello Kitty herself for DUI.

Authorities said that 37-year-old Carrie Gipson of Westbrook, Maine had been driving in the wrong lane while wearing a Hello Kitty costume. Police say she refused to take a breathalyzer test. They took her to Cumberland County jail, where she posed for a mugshot in her Hello Kitty costume (sans the giant Hello Kitty head).

Whether you’re in costume or out of costume, authorities do not take DUIs lightly. Nor do they tolerate multiple arrests lightly. In fact, if you are convicted three times for DUI within a 10-year span (never mind a three-hour span), prosecutors can charge what normally would be a misdemeanor as a felony, meaning that you could spend over a year behind bars for a crime that ordinarily would only put you behind bars for a few hours or few days. In addition, a felony conviction can strip you of your right to vote, leave you with a permanent criminal record, and subject you to far more intense prosecutions if you’re ever arrested again for other crimes.

An experienced Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers can help you understand the extent and scope of your troubles and help you develop an intelligent, effective plan to get your life back on track. Attorney Kraut is an ex-prosecutor (Deputy District Attorney for Los Angeles) with excellent relationships with judges, prosecutors and police in the area.

Published on: October 15, 2014

Indication That You Might Have Been DUI in Los Angeles: You Drove Your Car Directly into a Pond

by Michael Kraut

Some Los Angeles DUI arrests are very subtle and not at all obvious.

Police may stop a driver who’s following all the traffic laws and driving at the speed limit for having an out-of-date license plate, for instance. After this stop, the person may raise police suspicions by lacking coordination or answering officer questions incoherently. Over time, thanks to field sobriety tests and breath tests, the authorities suspect DUI.

But sometimes, the signs are far less subtle!

Consider an October 14 story reported out of Virginia — a local man faces DUI and driving without a license charges after local authorities discovered his vehicle submerged in a pond in the town of Lansdowne, VA. Fortunately, no one got hurt in the incident, although the driver, 46-year-old Arturo Romero, had at first feared that a family member had been trapped inside the sinking car.

Meanwhile, elsewhere in Virginia, a woman faces more serious charges of driving DUI with her 3-year-old daughter in the vehicle… and then fleeing the scene of an accident. Authorities arrested 26-year-old Rachael Brand for DUI and child neglect, connecting her with a hit and run accident on I-95. When police pulled her over, they allegedly noticed that her airbags had been deployed, suggesting that she had been in a recent wreck.

As we discussed in our recent post on the terrifying field trip DUI bus ride in Utah, driving under the influence with kids in the car is just not okay. California law severely punishes people who engage in this type of behavior with more jail time and steep fines and fees. A parent who drives with a child in the car can lose parental rights. A parent going through divorce who drives with a child in a car can lose custody or visitation rights.

For help defending against your complex charges, call a qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers today to set up a free and confidential consultation with former prosecutor Michael Kraut.

Published on: August 13, 2014

Second Bust in Two Years for Atlanta Police Officer: Implications for Your Los Angeles DUI Arrest?

by Michael Kraut

Whether police busted you at a checkpoint in Santa Monica Boulevard after a late night Hollywood party or authorities booked you for Los Angeles DUI following a fender bender on the 10, you’re probably feeling pretty sheepish, embarrassed and confused.

Part of you realizes that you “should have known better.”

Some degree of self-flagellation is possibly appropriate, particularly if you did violate CVC 23152 or some other driving law in a flagrant way, or if you hurt somebody. But did you know that many people who know a lot more about DUI than you do — police officers, public officials who make policy, judges, DUI defense lawyers, etc — ALSO make poor judgments and find themselves in legal hot water?

To wit, consider the strange case of officer Christopher Niezurawski, a Georgia State Patrol Officer who was just arrested for his second DUI in two years. According to police reports, Niezurawski “had an odor of an alcohol beverage coming from his breath” and had “bloodshot and watery eyes.” Of course, these symptoms in and of themselves never can prove DUI. For instance, you can have bloodshot eyes for many alternative reasons – allergies, fatigue, emotional stress, disease, irritation due to pollution, etc. Likewise, your breath can smell like alcohol for reasons that have nothing to do with alcohol consumption. For instance, perhaps you used a strange mouthwash, or perhaps an officer misattributed the smell.

In any event, this arrest wasn’t officer Niezurawski’s first DUI rodeo. In 2012, he pled guilty to DUI after driving the wrong way and causing a bus crash. He paid a $1,200 fine, served 80 hours of community service, went to jail for 10 days and served a year of probation. The Atlanta Police Department also suspended him for 15 days without pay.

Just days later, Marreese Speights, a center and forward for the Golden State Warriors, also got hit with DUI charges out in St. Petersburg, Florida. The 6 foot 11 Warrior allegedly blew a 0.103 and 0.106 respectively on two breath tests – putting him over the 0.08% legal limit for Florida (and, incidentally, Los Angeles).

The moral here is that basketball stars, police officers and people in every walk of life make mistakes and drive DUI in Los Angeles and do other “dumb things” behind the wheel. Fortunately, you may have strategies and tactics at your disposal to reduce your penalties and potentially expunge your charges all together. Call attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today for a free, confidential consultation about what you might be able to do.
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Published on: July 10, 2014

Wilmington DUI Driver Appears Unremorseful for Deaths

by Michael Kraut

Los Angeles DUI attorneys are closely following the case of 25-year-old Yocio Jonathan Gomez, who received a lengthy sentence on Friday, July 11 for DUI conduct that killed two construction workers in 2012. The guilty verdict included two felony counts of gross vehicular manslaughter and second-degree murder, for which Gomez will spend 34 years to life in prison.

On July 22, 2012, Gomez got behind the wheel of his Ford Explorer with a blood alcohol level of 0.21 percent, almost triple the legal limit of 0.08 percent in California. While driving approximately 90 miles per hour through a construction zone on the 405 Freeway in Torrance, Gomez struck another vehicle, pushing it into construction workers Ricardo Zamora and Ramon Lopez. The collision killed both men.

This arrest, Gomez’s third drunken driving offense, happened while he was serving probation for another offense, which likely contributed to the long length of his sentence. Another factor may have been his lack of emotion or remorse throughout the sentencing hearing, despite emotional testimony from the families of the deceased.

Under California law, second-degree murder charges for DUI drivers are rare and represent a profound disregard for the lives of others. While the standard sentence for such a conviction is 15 years to life in prison, this sentence is increased for each individual killed, and prior offenses do make a difference.

Based on the circumstances of this case, Gomez represents an anomaly among DUI drivers. While a rare number of individuals may act with blatant disregard for the safety of others, the vast majority of DUI drivers get behind the wheel without intending to harm anybody. However, all DUI drivers must take responsibility for their actions and the consequences that follow.

If you currently face Los Angeles DUI charges, you may feel remorseful and afraid. Kraut Criminal & DUI Lawyers understands the complexities of California law and can help you form a strong legal defense. Contact us today for a free consultation regarding your case.