Articles Tagged with DUI in Los Angeles

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When you have the right app, your cell phone can be a handy tool in helping you avoid a DUI charge.9-4-17-DUI-los-angeles-apps-300x169

• Planning a night out with friends? There are apps that will help you estimate your blood alcohol content and provide a rough estimate of your BAC based on how many drinks you’ve had.

• Are you sure that you’ve consumed too much to get behind the wheel? Download a few apps that can help you snag a ride home so you don’t have to drive.

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Most drivers today are conscious of the harm they can do by getting behind the wheel after drinking and driving. But what about after texting and driving?text-driving-dui

Text messaging makes a crash 23 times more likely to happen. (Dialing a cell phone increases crash risk by 2.8 times; talking or listening 1.3 times; and reaching for a device 1.4 times.)

While they may not realize how serious the problem is, most people understand that it’s better to avoid texting when they’re behind the wheel. A 2014 survey conducted by AT& revealed that 98 percent of motorists who own cellphones and text regularly are aware of the driving/texting danger, but about 75 percent of them do it anyway.

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How do officers working for Los Angeles Police Department (LAPD) determine whether they should stop someone for a DUI? LAPD-DRE-training-overview

All LAPD officers receive substantial training that helps them understand what to look for when patrolling L.A.’s freeways and surface streets for dangerous drivers—and drivers who might be under the influence. Police officers are human, however, so they can forget what they learned (or just ignore proper procedure) and make errors during the arrest process itself.

LAPD officers’ DUI training has changed considerably over the decades, according to the department’s website. Back in the 1970s, police departments in most jurisdictions, including Los Angeles, had no standards-based roadside sobriety tests to help them determine and document whether or not a person was driving while under the influence of alcohol. So different states (and different officers) developed their own versions of the sobriety tests.

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Was one of your resolutions this year not to get behind the wheel of your vehicle if you’ve been drinking? How are you doing at keeping it? If you’re like most other people, now that we’re almost one month into 2017 many of your well-intentioned goals for changing your life have already gone by the wayside.  if-then-los-angeles-DUI-300x169

But there is a way to increase your success dramatically—and it’s not that hard to put into practice. It’s a technique that psychologists call implementation planning (or in less formal terms, if-then planning). You can employ this technique when you’re trying to lose weight, get a better handle on your emails at work or even when you’re trying to ensure that you don’t end up with a DUI conviction on your driving record.

The concept of using if-then statements to achieve a goal is not new; Peter Gollwitzer, a psychology professor at NYU, introduced the idea back in the 1990s. But people are revisiting the technique because studies have shown that this technique works extremely well in changing habits and helping people achieve desired behaviors.

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Judges will often grant postponements of cases involving DUI in Los Angeles if the prosecutor or the defending lawyer can provide a good reason for the delay. But a judge in Shasta County, California, finally reached her limit on granting reprieves and ordered a defendant to be ready for her day in court. anderson_dui

According to the Record Searchlight, Judge Cara Beatty was determined that Virginia Lyn Anderson of Redding, California, would have her day in court during the last week in October. Police say that Anderson was driving under the influence of methamphetamine and other drugs back in April 2014 when she collided with a motorcycle ridden by Hayley Marie Riggins. The crash killed Riggins, 27.

Anderson was initially supposed to stand trial in November 2014, but the judge has postponed her trial seven times since then. Most recently, the defense sought to get the trial postponed another time while they were appealing the specific charges filed against Anderson.

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For most parents, the chilling prospect of losing a child in a car crash would be enough to persuade them from DUI in Los Angeles when their son or daughter is riding with them. But that didn’t deter one father in Cortland, New York, from getting behind the wheel when he had too much to drink. His six-year-old daughter paid for his bad decision with her life—and now the man will have plenty of time to think about his deadly mistake.DUI-los-angeles-child

Daniel Haynes III, 30, could spend up to 21 years in state prison in New York under a plea deal he accepted in August.  On the evening of April 24, 2015, Haynes was driving from one house to another on West State Road with his three daughters in the back seat. None of them—Alexia, age 6; Asia, age 8; or Arianna, age 10—were wearing seatbelts.

Witnessed said that Haynes had drunk a few beers before getting into the car, and once behind the wheel he began driving recklessly. One report said that his daughters were begging him to slow down. But Haynes, jetting along at 100 miles per hour, blew through a stop sign, lost control of his vehicle and slammed into a utility pole. After the crash he tried to drive away, apparently unaware of his daughters’ injuries. (Emergency responders took the two younger girls to the hospital; they had non-life-threatening injuries.)

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One serious consequence for those convicted of DUI in Los Angeles is the loss of their licenses. If a breathalyzer, blood test or urine test show that a person is operating a vehicle with a blood alcohol content of 0.08 or greater, the California Department of Motor Vehicles will automatically suspend that person’s license for four months (for a first offense) or one year (if it is a second or subsequent offense within a 10-year period). Drivers are entitled to request an administrative hearing to appeal that decision, but they must do so within 10 days of the time they receive the suspension order.los-angeles-DUI-license-suspension

Oklahoma has a similar law and also allows those arrested on DUI charges to appeal their license suspension. But the Oklahoma Department of Public Safety (DPS) has been falling behind on license revocation hearings; motorists who want to appeal their loss of a license must wait anywhere from 13 to 19 months to get a hearing date.

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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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Kayla King has a pretty impressive rap sheet for a 24-year-old. Like many drivers arrested for DUI in Los Angeles she’s had some previous run-ins with the law; now she’s added some more serious new charges to her record.Kayla-King-DUI

King, who hails from South Carolina, pleaded guilty last year to grand larceny after stealing almost $38,000 in jewelry from her in-laws. King got off lightly with a sentence of five years’ probation, but she didn’t learn her lesson. Police arrested her for shoplifting earlier this year.

She was out on $500 bond from that charge when officers from the Greenville Police Department pulled her over around 1 in the morning of August 28th. They approached her on either side of the car. King refused to cooperate with their requests to get out of her 2015 Chevrolet coupe, so the officer on the driver’s side of the vehicle tried to reach in and unbuckle her seat belt. That’s when King restarted the car and drove off—dragging that officer with her. The movement threw the other officer, who had been leaning in on the passenger side, into the car.

Fortunately for both officers, King crashed after going a very short distance. But she wasn’t finished. After the wreck, she reached over to the officer who had landed in her car and attempted to grab the gun out of his holster. She wasn’t successful.
King ended up in the hospital after the crash and so did the officer dragged by her car. Both have been released, the officer to his home and King to the Greenville County Detention Center, where she remains held on no bond. She should probably get accustomed to being inside; police have charged her with attempted murder, DUI, kidnapping, possession of a controlled substance and failure to stop.

Do you or a family member need insight from a qualified Los Angeles DUI attorney? Contact Michael Kraut of the Kraut Law Group to set up your free consultation.

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Local TV and newspapers frequently report on DUIs in Los Angeles or other incidents where motorists smash into homes, restaurants or other buildings. It’s usually an accidental encounter. But when Cheri Tenney ran her vehicle into her home, it appeared to be very deliberate.Cheri-Tenney-dui

Tenney, who lives in Seminole, Florida, may have been doing a little too much celebrating of the Fourth of July holiday before she arrived home in the early evening. Her first attempt to drive her 2005 GMC Envoy into her garage didn’t end well. She hit the wall and then tried to back out. When Tenney wasn’t successful with that maneuver, she gave up and went into her home.
But she didn’t remain there long. According to police reports, Tenney got into her car again around 10 p.m. (clearing the garage this time) and then sat in her driveway revving the engine. Then she simply put the Envoy in gear and rammed it through her front window, coming out the back window.

Most people would have had enough at this point. Not Tenney. She put the car in reverse and slammed through the home again, this time moving from back window to front window. She brought the vehicle to a stop on the front lawn and left it parked there when she returned to the house.

By this time worried neighbors had alerted police. The police report doesn’t give any details on what happened once the officers entered the home, except to say that Tenney was only half dressed. She must have assaulted one of the cops, however, because they charged her with battery on a police officer as well as DUI once they got her to the police station.

Talk about creating your own fireworks for the Fourth!

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.

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