Los Angeles Criminal Defense Attorney Blog

Published on: January 21, 2015

Kentucky State Senator Begs Press for Special Treatment After DUI

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 Law Group Criminal & DUI Lawyers, Inc. 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 19, 2015

Los Angeles DUI Community Takes Note: Man Facing Two Felonies After Hit and Run Death in West Covina

by Michael Kraut

A felony Los Angeles DUI hit and run resulted in the recent death of a young woman in West Covina, horrifying the community and motivating a public cry for justice.

On December 30, a man named Raymond Alvarado fled from the scene of a crash after slamming into a small car, injuring both the driver and passenger. That passenger, Sherry Yu, ultimately died from her injuries

Police later arrested Alvarado and charged him with a battery of counts, including DUI causing injury, driving with a BAC level higher than .08 causing injury, a felony hit and run causing injury, and driving without a valid driver’s license. He pled not guilty to all charges. If convicted on all accounts, he faces up to 11 years in state prison.

Based on a superficial read of the evidence, Alvarado might be facing an uphill battle. Assuming he did could the crash, what if he had stayed and called for an ambulance? Would the extra time have saved Yu’s life? This is the kind of question he might have to answer in court.

It is never advisable to leave the scene of a crime. In California, any hit and run while under the influence is considered aggravated DUI, and the crime can be harshly prosecuted. If you get a DUI while driving without a valid license or driving while speeding, you could also face aggravated DUI charges. Depending on the circumstances, your extra sentencing could range from community service and rehabilitation to prison time and fines.

If you committed a hit and run while possibly DUI, seek qualified legal advice quickly. A Los Angeles DUI attorney like Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. can help you achieve a solid outcome. Mr. Kraut spent nearly 15 years working as a prosecutor in similar cases, and his deep network within the Los Angeles criminal defense community – as well as his knowledge and skill — can help protect your rights and give you clarity about 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 Law Group Criminal & DUI Lawyers, Inc. can help you respond strategically to your arrest and avoid common errors that can complicate cases.

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 Law Group Criminal & DUI Lawyers, Inc. can provide detailed, smart assistance with your legal challenges.

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 Law Group Criminal & DUI Lawyers, Inc. 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: January 5, 2015

It’s a New Year And (Apparently) Time for Yet Another Los Angeles DUI Golf Cart Arrest — This One at The Rose Bowl!

by Michael Kraut

2015 opened with quite a spectacle, at least in the world of Los Angeles DUI.

Authorities arrested a 19-year-old man for driving DUI on a golf cart that he allegedly stole from the Rose Bowl and used to motor around on the 210 Freeway. As the Oregon Ducks and Florida State Seminoles clashed on Pasadena’s famous gridiron, 19-year-old Andrew Aldridge was clearly distracted by thoughts of how to get back to his car. Instead of taking a shuttle or a cab or hitching a ride with friends, he allegedly decided to do something a little more off-kilter and nabbed a 9-person golf cart from the stadium.

Driving an exposed and slow golf cart on surface streets is dangerous enough, but taking such a vehicle onto a Southern California freeway is an act on the verge of madness.

Police stopped him around 10 PM and discovered Aldridge’s odd motivation. Sergeant Mike Munoz later told reporters: “He took the cart and was trying to get to his car on the other side of Pasadena… it’s definitely chalked up as one of the new experiences for a lot of people here.”

As long-term readers probably remember, this blog has covered over a dozen instances of golf cart DUI over the years. While each story often appears ridiculous, reckless golf cart driving can be a serious concern. Caddyshack is not real life. If you flip over a golf cart or hit someone with a golf cart or crash into a speeding truck on the freeway, you can get hurt or killed… or you can hurt or kill someone else.

Prosecutors can charge offenders according to California Vehicle Code Section 23152, which mandates all sorts of intense punishments for DUI, including jail time, forced alcohol education classes, probation, fines, fees, and driver’s license suspension.

For help defending against your allegations – whether you did something wrong (ridiculous or not) or you believe that the police made a mistake or that the breathalyzer tests give an errant result – talk to an experienced Los Angeles DUI attorney with the Kraut Law Group Criminal & DUI Lawyers, Inc. today to explore your potential legal options. Call us now for a free consultation.

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 Law Group Criminal & DUI Lawyers, Inc. 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 Law Group Criminal & DUI Lawyers, Inc. 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: 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 Law Group Criminal & DUI Lawyers, Inc. hope to illuminate a few reasons and in so doing, educate readers and their loved ones.

Stress

Published on: December 22, 2014

10 Tips to Avoid a Los Angeles DUI This New Year’s Eve

by Michael Kraut

You want to avoid “becoming a statistic” and getting arrested for DUI in Los Angeles on December 31st/January 1st. To that end, let’s review a few critical tips.

New Year’s Eve is a unique holiday in that it is both festive and relaxing. After the hustle and bustle of Christmas, people appreciate the opportunity to simultaneously enjoy a final holiday party and calmly consider their goals for a new year. However, the “last holiday party” feel of New Year’s Eve also leads to an increased number of people who drive under the influence. Today, the Kraut Law Group Criminal & DUI Lawyers, Inc. will share ten tips to help drivers avoid a DUI this season.

1. Limit Drinks

If a party will have an open bar, drivers should determine exactly what kind of drinks they want and how many constitute a personal limit. Someone who prefers wine should probably stop at a glass or two. Drivers who prefer whiskey or vodka shots may have a tougher time stopping, so they should be mindful of the exact count they’ve imbibed.

2. Call a Cab (Or Uber Or Lyft)

Public transportation saves many people from DUI accidents and convictions. Drivers should save the number of a local cab company in their phones or attend parties close to bus or subway stations.

3. Strength in Numbers

Don’t go to a party or activity alone. Bring along at least one friend and determine a designated driver for the entire group.

4. Nosh and Nibble

Despite New Year’s resolutions about weight loss, New Year’s Eve is one time it’s okay to snack. Party snacks fill the stomach, making less room for alcohol. Try to nosh on items like meats or dark chocolate, which will satiate appetite faster.

5. Make a Plan

Party hosts should plan at least a few structured activities, such as games or dancing. This cuts down on alcohol consumption and helps people focus on more than available drinks.

6. Avoid Salt

Salt makes partygoers thirsty, so they drink more. In the same vein . . .

7. Offer Alternative Drinks

These can include “mocktails,” sodas, punch, or plain water. Water is particularly helpful for guests who are thirsty from those salty snacks if you decide to offer them.

8. Set Some Rules

Let guests know in advance that there will be no outside alcohol. If someone tries to bring in an extra bottle or some shots, have him or her leave it at the door.

9. Make Reservations

For long-distance parties, arrange for hotel rooms. That way, no one drives home intoxicated and everyone gets adequate rest.

10. Make It an Early Night

People are less likely to drink at early hours, such as between 5 and 8 p.m. Set parties for these hours and make it clear that cleanup begins at a certain time. Serving dinner and keeping the bar closed until after dessert may also help.

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 Law Group Criminal & DUI Lawyers, Inc. understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

Published on: December 17, 2014

Fresno Man Could Face Life in Prison after DUI Kills Mother and Daughter

by Michael Kraut

Our Los Angeles DUI attorneys were heartbroken upon learning of the tragic story of Jacqueline Rivera and her 11-old daughter, Aailiyah. Both died after being rear-ended at a Fresno, California intersection on November 22, 2014. The man charged with the DUI that allegedly caused their deaths, Rafael Arce Pedroza, could face life in prison.

Prosecutors don’t have all the necessary details yet, but an AB30 report explains Pedroza allegedly has a DUI conviction in San Diego. He has also faced assault charges in Los Angeles.

For the alleged killing of Jacqueline Rivera and Aailiyah, Pedroza faces charges of gross vehicular manslaughter while driving under the influence of alcohol. On their own, these charges would be Pedroza’s second DUI offense. However, the charge of gross vehicular manslaughter carries a much harsher penalty than a normal second Los Angeles DUI offense.

Pedroza’s prosecutors now also allege that he fled the scene of the accident that killed Ms. Rivera and her daughter. Bystanders tried to help the Riveras escape their burning SUV, but Pedroza ran from the scene and was later apprehended. Legal analyst Tony Capozzi explains, “If [police] can tie the person they found under the bed to this accident… that’s going to be told to the jury [as] an indication of his guilt.”

The deaths of Jacqueline and Aailiyah Rivera could have been prevented, and surely many people are anxious to see justice. Yet the exact sentencing will depend upon what prosecutors charge Pedroza as well as the strength of the evidence in the case. Many people don’t know all the differences among DUI manslaughter, DUI manslaughter with gross negligence, and DUI murder. Knowledge of these terms can provide potential DUI defendants with the power to fight wrongful convictions if they occur. The attorneys at the Kraut Law Group Criminal & DUI Lawyers, Inc. define them here:

DUI Manslaughter: This occurs when the driver was under the influence of alcohol but was not “extremely negligent.” This can also apply to cases involving traffic violations or any case in which the driver did not “take reasonable care to prevent injury or death.”

DUI Manslaughter with Gross Negligence: This is the charge brought against Rafael Pedroza. It refers to cases in which the driver was DUI and drove “in [a] reckless manner that is significantly more than ordinary negligence.” A judge can sentence the defendant up to ten years in prison for each person killed.

DUI Murder: Also called Watson murder, this occurs when a DUI driver is cited with gross negligence and committed with malice aforethought or vicious will.

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