Articles Tagged with DUI defense attorney

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dumb-los-angeles-DUI-300x300Let’s start by acknowledging the obvious: No one begins with the express intention, “I’m going to get arrested for DUI tonight.” Although sadly, some people don’t care one way or the other, the average person doesn’t set out with an intent to drive under the influence. Usually, a DUI arrest happens as a result of bad judgment, bad choices, unforeseen circumstances or a combination of these things.

Unfortunately, once you’ve been arrested, you can’t hit the “rewind” button on the bad choices that led to that moment. Additionally, if your arrest ends in a conviction, the consequences may be long-lasting and permanent. “An ounce of prevention is worth a pound of cure,” as the saying goes—so let’s discuss a few of the ill-advised ways people set themselves up for DUI and how to avoid them.

1. Hanging Out with the Wrong People

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Have you heard the one about the driver who was arrested for DUI because he had a caffeine high? Or about the state legislator who successfully argued that cough syrup and a breath spray caused a false positive DUI breathalyzer reading?auto-brewery-dui-300x169

While law enforcement officers and courts generally accept breathalyzer tests as proof that someone was driving under the influence, those tests can sometimes give false positive readings. As absurd as these stories sound, to the people wrongfully arrested for DUIs, these incidents are no laughing matter.

Betrayed by their bodies

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The Maryland Court of Appeals, the highest court in the state, has ruled that parents who knowingly let underage teens drink in their home are liable for damages if a teen injures someone or suffers injuries while under the influence. Although the ruling does not have a direct effect on cases of underage DUI in Los Angeles, justices in state courts do take note of the decisions of their peers in other states. Maryland-court-of-appeals-DUI

The ruling by Maryland’s Court came in two cases. One involved Manal Kiriakos, who had been out walking her dogs when she was hit by a car driven by 18-year-old Shetmiyah Robinson. He had been drinking vodka and orange juice at a co-worker’s home. Although the homeowner, Brandon Phillips, knew that Robinson was underage and expressed concern about Robinson’s sobriety, he let the teen drive himself home. When Robinson hit Kiriakos, she suffered life-threatening injuries and is still in pain. So Robinson sued Phillips for serving the teen alcohol.

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When police pull someone over on suspicion of a DUI in Los Angeles, they rarely find that the driver has a blood alcohol content that measures 0.0. While most people would be angry or upset if police stopped them unjustly, a woman in Frisco, Texas, should be thankful that the officers took action. The arrest set off a chain of events that probably saved her life.brain-tumor-los-angeles-DUI-defense

On July 31, Julie Cunningham hit a curb and crashed her car into a fire hydrant after dropping her kids off at daycare, according to KAGS TV. Despite the fact that the breathalyzer showed her BAC at 0.0, police arrested her for DUI, and she spent the night in jail.

Cunningham’s family insists that she doesn’t drink and isn’t taking any medication, so police had no good reason to make the DUI arrest. But they do admit that when her brother picked her up from jail the next morning, Cunningham had slurred speech and no recollection at all of what had happened the day before.

Cunningham’s family took her to the University of Texas Southwestern Medical Center, where tests revealed that she had a tumor the size of a lemon lodged in her brain. Surgeons removed it right away; while the growth wasn’t cancerous, there is some evidence of abnormal cells in the area.

Cunningham has faced some difficult situations before; she enlisted in the Navy after 9/11, spent four years in the service and is currently raising four kids on her own. Although her in-hospital recovery after brain surgery took more than three weeks, there’s one trauma she isn’t facing right now; she has no memory of her arrest or her night in jail. Meanwhile, Frisco police officers haven’t filed any DUI charges against her; while it’s likely they will dismiss the matter, they do have to wait for the toxicology results before they can completely clear her.

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.

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