Los Angeles Criminal Defense Attorney Blog

Published on: November 19, 2014

Some Los Angeles DUI Crashes Are Worse Than Others – This One Involved Seven Vehicles!

Many people think about Los Angeles DUI accidents or incidents in a monolithic fashion. In other words, a DUI is a DUI.

However, as anyone who has dealt hands on with these types of cases can tell you, DUIs are incredibly diverse. For instance, some incidents involve people who are just on the cusp – who have never committed even a traffic violation before. Others involve serial recidivists who clearly engaged in reckless, negligent or outright stupid behavior who have hurt people.

In other words there is a huge range.

The question is: how can you tell whether your particular DUI situation will be a severe and complicated one or a relatively simple one?

One way to distinguish between these two outcomes is to look at the number of cars involved in a particular accident.

To that end, let’s take a look at a nasty accident in Coronado that involved seven (7!) vehicles. According to local authorities, a 52-year-old man in a Winnebago hit seven different vehicles on Orange Avenue last Thursday night. Police arrived on the scene near Bank of America around 7:30 pm, near to where one of the hit and run crashes occurred. Six other vehicles were hit on the 900 block of Northbound Orange. Sergeant Shawn O’Neill of the Coronado Police said police arrested the driver five blocks from the scene. Even though the Winnebago did hit a taxi with people in it and pushed a car onto the sidewalk, miraculously, no one got hurt.

The police said the only occupants of the Winnebago were a 52-year-old man and a dog.

Obviously, such an accident can lead to a complicated insurance situation. For instance, this accident will almost certainly generate tremendous insurance paperwork.

What can you do if you caused a multi-car crash and police arrested you on suspicion of driving under the influence of alcohol or drugs or prescription medications?

The first step is to contact a qualified Los Angeles DUI defense lawyer, like Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc.. Mr. Kraut has nearly two decades of experience working as both a prosecutor and defense attorney; he can help you understand your rights and options and develop a strategy that makes sense to achieve your outcomes.

Published on: November 12, 2014

Michael Phelps’ DUI Trial Postponed Until December

by Michael Kraut

Even if your Los Angeles DUI story wound up in the news because you did or said something ridiculous to the police or got involved in a serious or fatal accident, you probably will not get nearly as much media scrutiny for what you did as will mega-Olympian, Michael Phelps.

As we reported several weeks ago, police in Maryland arrested the 18 time Olympic champ on September 30th for speeding and steering over the double lanes on I-95 in Maryland. Police say that Phelps tallied a 0.14% on his BAC test. (For a point of reference, the legal limit here in Southern California is just 0.08% BAC.)

The 29-year-old already pled guilty to a DUI 10 years ago, in 2004; at the time, the court considered him a young offender and gave him just an 18 month probationary sentence.

Originally, Phelps’ trial for this latest DUI had been scheduled for November 19th, but per a request from his DUI defense lawyer, Phelps got the date pushed to December 19th. In early October, Phelps said that he would be attending a six week impatient program to “provide the help I need to better understand myself.”

After the 2012 Olympics, Phelps announced his retirement from swimming. But in April this year, he reentered serious training and competition with the hopes of returning to the Olympic platform again in 2016 in Rio de Janeiro. However, the DUI has thrown a kink in these plans. U.S.A. Swimming punished Phelps almost immediately for his DUI by banning him for six months from competition and forbidding him from participating in the World Championships next summer, thus making his bid to return to the Olympics more challenging and uncertain.

The main takeaway from Phelps’ story is that DUI arrests can have profound ramifications for your career, your day-to-day life, and even your self esteem and relationships. The silver lining is that help is available. An effective, highly qualified Los Angeles DUI defense lawyer with the Kraut Law Group Criminal & DUI Lawyers, Inc. would be happy to provide a confidential and thorough consultation about your case and give you important insights into your strategic options. Call us now to set up a free consultation.

Published on: November 10, 2014

Los Angeles DUI Checkpoints Abounded in Koreatown Last Weekend

by Michael Kraut

LA Weekly regularly keeps tabs on Los Angeles DUI patrols and checkpoints, to the ire of some law enforcement officials and others who worry that publicizing news about checkpoints can have a negative impact on the deterrent.

One of the reasons why police establish checkpoints at relatively random locations is to leverage the element of surprise. So critics worry that, when papers like LA Weekly reveal maps of DUI checkpoints, then at-risk drivers might be more likely to “let loose” and drive in a more cavalier and dangerous fashion.

While this fear is understandable, it begs the question: is there any actual evidence that publicizing locations of checkpoints actually does cause harm? Here’s the reality. Journalists might argue that revealing checkpoints does no harm. And some in law enforcement might argue the opposite — that it does endanger the public. But we really don’t have impeccable science to support either position.

In light of that, it’s interesting to note when and how the Los Angeles Police Department and other agencies set up their checkpoints.

On Thursday November 6th, for instance, per the LA Weekly, the LAPD set up saturation patrols in the Olympic Division near Koreatown as well as the Central Division. Pasadena Police, meanwhile, set up a saturation patrol in Pasadena. On Friday, police set up a DUI checkpoint in Panorama City at Roscoe Boulevard and Nobel Avenue. On Saturday, police ran a checkpoint at Vose Street and Sepulveda Boulevard, in Van Nuys. And on Sunday afternoon, police patrolled for DUI drivers in North Hollywood from 5 PM to 1 AM.

Whether police rounded you up at one of these checkpoints, or you found yourself behind bars after causing an accident on the 405 or the 101, or you failed field sobriety tests, such as walk the line or finger the nose, you need powerful insights and an effective advocate to win your freedom. Call the Kraut Law Group Criminal & DUI Lawyers, Inc. today to schedule a free consultation with a Los Angeles DUI lawyer — a former Deputy District Attorney with nearly two decades of experience.

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 Law Group Criminal & DUI Lawyers, Inc.. 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 Law Group Criminal & DUI Lawyers, Inc.. 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 30, 2014

Los Angeles DUI Suspects’ Nude and Semi Nude Pictures Shared among Police Officers – Yikes

by Michael Kraut

When you’re stopped and arrested for Los Angeles DUI, you’re probably more terrified of going to jail than you are of somehow being embarrassed by the police.

However, while most California Highway Patrol officers and LAPD officers operate respectfully and follow appropriate protocol, some “bad apples” cause problems.

35-year old Shawn Harrington, a CHP officer, recently admitted to sending nude and semi-nude photos of suspects arrested for various crimes, like Los Angeles DUI, to his friends on the force. According to a Huffington Post report “[Herrington] said this was a game between him and two others CHP officers… one Harrington engaged in at least six times. Several of the owners of these phones were DUI suspects. One was hospitalized when Harrington took bikini photos from her phone, and another gave permission to search her device after a DUI arrest, which was apparently interpreted as a green light for shady behavior.”

Joe Harrow, the Commissioner for the California Highway Patrol, said that he is taking these photo-trading games very seriously. Journalist Matthias Gafni reported on similar police privacy violations for the Contra Costa Times. Per the Huffington Post, Gafni said that “in one incident, a woman received a $75,000 settlement after police uploaded a semi-nude photo of her to Facebook and deleted a photo she had taken of an improperly parked patrol car. None of the incidents resulted in criminal charges, though several officers were fired (one even later sued in protest).”

Hopefully, officials at CHP will extinguish this nasty behavior and protect the rights and dignity of people arrested for crimes like DUI.

If you or someone you love believes that the police acted inappropriately or even illegally during your DUI stop, you may need to act swiftly and aggressively to preserve your rights and to ensure justice. Call an experienced and highly qualified Los Angeles DUI criminal defense lawyer with the Kraut Law Group Criminal & DUI Lawyers, Inc. right now to set up a confidential, free consultation. We can help plan your strategy, protect your privacy and fight aggressively for your freedom.

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 Law Group Criminal & DUI Lawyers, Inc. 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 27, 2014

California Congressman Busted for DUI: Tested at 0.137 BAC, Nearly Twice State Limit

by Michael Kraut

When police arrest high-level politicians for driving under the influence of alcohol in Los Angeles, the press takes notice. Tragically, two major politicians last week found themselves in handcuffs, facing serious charges (and jail time) for DUI acts.

Today, we’re going to focus on the arrest of Michael Tubbs, the youngest person ever elected to Stockton California’s City Council. Allegedly, Tubbs tested at 0.137% BAC, nearly double the legal limit of 0.08% as defined by California Vehicle Code Section 23152.

Tubbs issued a contrite statement: “I would like to apologize to my friends, family, colleagues and most importantly, to constituents of Stockton that I’ve let down. Per local reports, a CHP Officer stopped him on Highway 99 for speeding and found that he smelled like alcohol and could not competently talk. He booked the councilman to San Joaquin County Jail.

Tubbs later issued a statement: “on Friday evening, I made a poor decision to drive when I should not have. While I thought I was within legal limits to drive, I should have been more careful and made a different decision.”

Tubbs had been hailed as a community success story. Even though he was born to a teenage mother and a father who was jailed at the time of his birth, he defied the odds and ended up going to Stanford. Oprah Winfrey even contributed $10,000 to his election campaign.

In terms of what effect this arrest will have on Tubbs’ political career, freedom and life… it’s obviously impossible to say at this point. However, this story does highlight one of the great truths about DUI defense. A single poor decision or just an act of forgetfulness can lead to diverse problems ranging from higher insurance rates to massive fines to extensive legal bills to job loss.

Fortunately, you may be able to challenge DUI charges on numerous grounds, depending on what happened. For instance, someone like Tubbs might be able to argue that the breathalyzer test had not been calibrated properly, perhaps, or had been inaccurately recorded.

To create smart and effective response, call a qualified Los Angeles DUI defense attorney with the Kraut Law Group Criminal & DUI Lawyers, Inc. immediately to schedule a consultation with a former Deputy District Attorney. Continue reading

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 Law Group Criminal & DUI Lawyers, Inc. today to set up a free and confidential consultation with former prosecutor Michael Kraut.

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 Law Group Criminal & DUI Lawyers, Inc. today to talk to a qualified Los Angeles DUI defense attorney about your possible next steps.