los angeles dui attorney

Published on: June 8, 2015

New Hampshire DUI Defendants Could Go Free

Anyone arrested for a DUI in Los Angeles has probably wished that the charges against them would just disappear. That just might happen in the case of several drivers who were picked up for DUI in New Hampshire.

Television station WMUR 9, located in Manchester, reports that attorney John Durkin is taking the state to court to get information about police officers who may not have passed the breathalyzer certification test. New Hampshire state law requires that all officers get recertified each year.

If it turns out the officers flunked the certification test, the DUI arrests that they made because of breathalyzer results, as well as the convictions that prosecutors won using those results, may all be invalidated.

The problem apparently stems from a glitch in the computer testing program that the state uses. More than 100 officers failed the test, but the program indicated that they had passed. The systemic issues could go all the way back to 2013, which could affect a lot of drivers charged with DUI during that stretch of time.

According to seacoastonline.com, the issue came to light when Durkin heard rumors about the certification problem. He filed a Freedom of Information request with the New Hampshire Department of Safety, asking that the department send him the list of officers incorrectly certified.

The Department of Public Safety says that it responded to Durkin within the required five days, telling him that it would take several weeks for them to comply with his request. At that time, Durkin filed his lawsuit, saying that time frame wasn’t good enough for people arrested for DUI by uncertified officers.

Durkin says he plans to share the information about the uncertified officers with other attorneys. Hopefully, these legal actions will help create a more open, clear system and challenge other law enforcement agencies across the U.S. (and right here in Southern California) to more effectively and meticulously certify the machines they use when testing people suspected for driving DUI.

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.

Published on: May 4, 2015

Driver Could Spend Half Century in Jail after DUI Conviction

by Michael Kraut

When someone’s convicted of a DUI in Los Angeles for the third or fourth time, the penalties can be steep and include up to 16 months in state prison. If a death resulted from that DUI, the punishment for the offender can rise to five years in jail.

But California’s DUI punishments are very light compared to those imposed by a Pennsylvania judge on a man convicted of DUI in his courtroom. Thomas Gallagher Jr., age 29, will be spending 20-50 years in prison after killing 18-year old Meredith Demko in an accident last July. The crash also injured one of the two passengers in Demo’s car, although the injuries were not life-threatening.

Gallagher was speeding and weaving through traffic on the afternoon of July 8th when he rammed his Volkswagen Jetta into Demko’s Toyota Prius. At the time of the accident, Gallagher was driving on a suspended license due to a previous DUI conviction. His blood alcohol content was measured at .26—nearly triple the legal limit—and he admitted consuming vodka before he took to the road. Just in case that didn’t impair his driving skills sufficiently, Gallagher was using heroin at the time as well.

The sentence of 20 to 50 years in jail was the result of a deal with the Lancaster County District Attorney’s office. Gallagher pleaded guilty to third-degree murder, DUI and related counts in return for a prison sentence that the local press is calling the longest ever ordered in the county for a DUI fatality.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

Published on: April 15, 2015

Walk on San Diego Freeway Leads to Woman’s DUI Arrest

by Michael Kraut

Cops in the City of Angels could probably tell many tales about unusual incidents that involve cases of DUI in Los Angeles. But their peers in San Diego also have some interesting tales that they could add to the mix.

A photographer with KTLA Channel 5 in San Diego happened to be on the scene when an unidentified young woman stalled her car on the 15 Freeway during the early morning hours of April 9th. He recorded events as the young woman got out of the car and ran across traffic lanes to the news station’s van. She asked for jumper cables and assistance in getting her vehicle started. Meanwhile, cars on the freeway had to swerve to avoid hitting the stopped car.

Although two other motorists pulled over to help, the woman made her way back to her own car and sat in it despite the danger posed by other vehicles traveling along the road. One Good Samaritan even tried to help out by directing traffic away from the car, but had to stop when was almost hit himself. As heard in the audio portion of the video, the photojournalist knocked on the car’s window repeatedly and urged the woman to get out of the car so she wouldn’t get hurt.

Fortunately, the California Highway Patrol arrived on the scene before other vehicles struck the woman, her car or any of her would-be helpers. They charged the stranded stroller with driving under the influence.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

Published on: December 10, 2014

Christmas Crashes: Holiday-Related DUIs and How to Drive Safely This Season

by Michael Kraut

The holiday season is meant to be fun, relaxing, and cheerful. Unfortunately, some drivers take these concepts to the extreme when they drive under the influence in Los Angeles on roads filled with holiday crowds eager to get the Grove and/or Century City Mall (it seems like everyone in the city pours into these malls this time of year, doesn’t it?).

Our attorneys have seen an unfortunate plethora of Christmas DUI cases over the years, both in and out of Los Angeles. We would like to educate drivers on what can happen if someone commits a DUI during the holiday season and how to drive safely while enjoying the many associated festivities.

Twenty-seven-year-old Jeffery Smith of Chicago knows the pain of a Christmas DUI all too well. On December 24, 2013, Smith was found pinned in his crushed Chevrolet Impala, which had plowed into a tree on West Garfield Boulevard. The roof had been crushed below the seat level, trapping both Smith and his eight-year-old daughter Lauren. Rescue crews worked for over forty minutes to extricate Smith from the vehicle and didn’t discover Lauren was there until Smith had been removed.

Lauren’s grandmother, Lorie Hall, had been expecting Jeffery and Lauren to arrive at her house for a Christmas celebration before the crash. “We were going to make gingerbread houses,” she told a reporter at the Chicago Sun-Times. Instead, Lauren was taken to Chicago Comer Children’s Hospital and pronounced dead the next morning.

Jeffery Smith now faces three years in prison, with credit for a year of time served since his initial arrest in 2013. Cook County prosecutors said Smith’s blood alcohol level was .137 at the time of the wreck.

A tragic story like Lauren Smith’s can make even the most carefree driver want to handle his or her vehicle more safely. Yet some drivers struggle with how to do this, especially during the holiday season when crowds and crashes naturally increase. The Kraut Criminal & DUI Lawyers offers these tips.

• Drink early, if at all. If attending a holiday party at work or a family celebration, drivers should limit themselves to one drink early in the afternoon or evening. Beyond that, stick to punch, water, soda, or coffee.

• Drive within the speed limit at all times.

• Check local weather reports – if snow or freezing rain is predicted, try to stay home or finish activities as early as possible.

• Don’t attend parties or other holiday functions alone. Go with a friend or two, and designate a driver early in the evening.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers today for a complimentary consultation.

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 Criminal & DUI Lawyers 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: September 22, 2014

“Top Chef” Voltaggio Takes DUI Plea Deal

by Michael Kraut

If you face Los Angeles DUI charges, you might be struggling to figure out what you should plead at your arraignment and how else you should structure your defense. Some defendants plead “not guilty” because they believe the police erred and the stop was Unconstitutional. But other defendants submit “guilty” pleas to try to reduce the consequences of conviction.

Celebrity chef Bryan Voltaggio likely wrestled hard with this very choice. On September 19, the former “Top Chef” contender entered a guilty plea in a Baltimore District Court; prosecutors had charged him with driving under the influence of alcohol on June 6.

As part of the plea deal, the court sentenced Voltaggio to “probation before judgment.” Rather than spending time in jail, he will undergo a period of probation. Once this time has passed, he will have the option to expunge the incident from his legal record.

How Pleading Down Helps DUI Defendants

“Pleading down” is a process by which defendants acknowledge guilt for lesser charges in exchange for less severe sanctions. The potential benefits can include:

• Reduced charges. Instead of a DUI, a court may find you guilty of “wet reckless” or “dry reckless” — these do not constitute misdemeanors or felonies, although the court can punish them with fines and license restrictions.

• Less impact on your insurance rates. A DUI conviction can cause your car insurance rates to skyrocket, creating a drag on your budget for months or even years.

• Expunge the charge from your record. Criminal convictions on your record can create long term challenges. For instance, if or when you get arrested again for DUI or some other crime, after you’ve been convicted once already, you can face far more stringent penalties, per CVC 23152.

If you’re wondering whether a plea deal might make sense for you, an experienced Los Angeles DUI lawyer at the Kraut Criminal & DUI Lawyers can help. As a former prosecutor, attorney Kraut has an extensive knowledge of applicable California law, and he has also cultivated strategic relationships with local judges and prosecutors.

Contact the Kraut Criminal & DUI Lawyers today to schedule a free consultation regarding your case.

Published on: September 17, 2014

Country Star Lynn Anderson’s DUI Driving Arrest: The Safety and Legal Implications for Women

by Michael Kraut

When it comes to Los Angeles DUI cases, men aren’t the only ones who get into major alcohol or drug-related traffic collisions. Recent incidents in Florida and Tennessee reveal the impact DUI accidents can have on female drivers.

In Nashville, country singer Lynn Anderson faces DUI driving charges for a September 12 car crash. When authorities questioned her regarding her seemingly “impaired” behavior, she admitted to using alcohol and prescription drugs prior to the accident. This was her second DUI incident; the first occurred in 2004.

Another DUI accident recently struck Lighthouse Point, Florida on September 14, injuring 55-year-old Kim Smith. Previous DUI offender Michael Anguille struck Smith’s SUV, causing it to flip and collidd with a tree in North Federal Highway’s center median. Anguille is being held in jail awaiting DUI test results. The accident paralyzed Smith, who remains in critical condition.

These two accidents reflect the universal consequences of drunk driving. Although such collisions are devastating regardless of gender, exacerbating circumstances for women drivers can include:

• Lower alcohol tolerance. Men and women metabolize alcohol differently. Especially in women with smaller frames, the negative effects of intoxication can be a greater threat.

• Injury. Paralysis and other severe injuries impact the ability to work, care for children, and live independent lives.

• Loss of or harm to children. Mothers driving with children in the car can experience devastating consequences, from injuries to deaths. DUI convictions can also cause mothers to lose custody of their children and face the additional possibility of criminal charges related to negligence.

If you are a woman who faces DUI driving charges, you are likely deeply concerned about your challenges and worried about the potential outcomes of a conviction. Los Angeles DUI attorney Michael Kraut of the Kraut Criminal & DUI Lawyers can help you understand the challenges you face and work to craft a strong defense. Contact us today to discuss your case.

Published on: September 8, 2014

Woman Arrested for DUI Injury to Officer Had Been Busted for DUI Only Days Before

by Michael Kraut

Only a few days after Leslie W. Thurow of Mount Prospect, Illinois, pleaded guilty to an aggravated DUI charge, she was arrested again. Her second arrest was more extensive and extremely reckless – a mistake easily avoided if you have a Los Angeles DUI.

Dangerous Driving

Within a few days of her guilty plea, Thurow allegedly struck a state trooper with her car while driving DUI a second time, significantly injuring him. The state trooper suffered numerous fractures, including a broken arm, fractured vertebrae, a broken shoulder blade, and multiple broken ribs.

After allegedly removing herself from the scene of the personal injury accident (a felony), she crashed into an SUV carrying seven people, including an 83-year-old man and a 3-year-old boy. All victims were transported to nearby hospitals. After striking the SUV, Thurow struck the center median, while her car spun 180 degrees into oncoming traffic.

Felony vs. Misdemeanor DUI Charges

In addition to the recent charges, Thurow has a DUI conviction from 2008 – and allegedly had been driving without a valid license, compounding the effect of her harmful driving.

In California, your first-time DUI is counted as a misdemeanor. You may be required to take a defensive driving course with a focus on driving while intoxicated. Your license may be suspended, and you may be placed on formal probation after spending 48 hours in custody.

Mistakes to Avoid

Thurow’s apparent mistake was continuing to drive while her license was suspended. Your second DUI will land you a mandatory minimum of 4 days in jail with a maximum of 6 months, significant fines, and a 2-year suspension of your driver’s license. Penalties for your third and fourth DUIs are steeper still, and you may be charged with a felony.

Thurow’s felony charges include leaving the scene of a personal injury, aggravated DUI, and aggravated DUI in a personal injury incident.

Have you been charged with a DUI? Don’t wait to get in touch with a Los Angeles DUI attorney like Michael Kraut, who can equip you with the right tools for facing the court and fighting your charges.
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Published on: September 3, 2014

NFL Commissioner Imposes Maximum Fine, Suspension on Colts Owner After DUI Conviction

by Michael Kraut

If you are currently facing professional difficulties due to a recent Los Angeles DUI arrest, you likely relate to the woes of Indianapolis Colts owner Jim Irsay (if not on a significantly smaller scale).

Irsay’s March arrest, which stemmed from the presence of Oxycodone and Hydrocodone in his system while driving, resulted in a DUI conviction on September 2. He received a 60-day jail sentence, although 58 days were suspended and he received “time served” for the other two. He was also ordered to pay court fees and was issued a 90-day license suspension.

Shortly after Irsay’s sentencing, the NFL instituted its own penalties on the Colts owner, showing the organization takes such behavior of its leaders seriously.

The Consequences of DUI Suspension

Although suspensions for NFL team owners are rare, the commission may choose to do so to send a message to members and fans alike regarding that individual’s behavior. When a player or administrator receives a suspension as a result of a DUI conviction, the consequences often include:

Fines. Commissioner Goodell imposed a $500,000 fine on Irsay, the highest allowed in the NFL.

Exclusion from games. At the heart of an NFL or other sports-related suspension is the removal of privileges to attend one or more games. In this case, Irsay must sit out six games and miss the beginning of the season.

Damage to reputation. After a DUI-related suspension, it takes time to reestablish one’s esteem among players, fans, and peers. The entire franchise receives negative attention, detracting from the efforts of the athletes.

Whether you got arrested for DUI for alcohol, illicit drugs, or prescription drugs, you may face a serious offense that could result in considerable legal and professional consequences. Understanding your rights and responsibilities under the law can help you achieve a desirable outcome and regain your freedom.

To enlist the assistance of a highly-qualified Los Angeles DUI attorney in your defense, contact the Kraut Criminal & DUI Lawyers today. Continue reading

Published on: August 20, 2014

Journalist Faces DUI Charges in Fatal Virginia Crash

by Michael Kraut

Those facing Los Angeles DUI charges involving the injury or death of the other party may understand the plight of an Albemarle County man currently in custody.

On Monday, August 18, author Donovan James Webster was arrested on DUI charges related to a car crash resulting in the death of a Virginia man.

The three-vehicle accident involved a tractor-trailer and two vehicles. Wayne Thomas White, a 75-year-old resident of Waynesboro, died in the collision. Shortly thereafter, authorities took Webster into custody, and they are currently holding him without bond on suspicion of driving under the influence.

A well-known writer, 55-year-old Webster acted as senior editor to Outside Magazine. He also wrote for high profile magazines, such as National Geographic and The New Yorker. Webster traveled across the world and worked with celebrities such as Sissy Spacek and Matt Damon on his projects; he also won multiple awards and recognitions for his work.

Unfortunately, this recent accident will likely have a negative impact on the writer’s reputation and career.

Whether you are a highly regarded celebrity or an average citizen, California law regards DUI as a serious offense. If an individual died in an accident that you caused, the prosecution can charge you with serious counts, such as vehicular manslaughter.

A conviction for DUI-related manslaughter carries significant consequences, including jail time, license suspensions, fines and lost employment.

A Los Angeles DUI defense attorney understands the complex legal processes involved in these cases and can help defendants avoid the most severe penalties. If you have been arrested due to a DUI accident in which another person died, you may feel overwhelmed, frightened, and alone. The experienced attorneys at the Kraut Criminal & DUI Lawyers can advocate on your behalf to help you present a strong case.

Contact the Kraut Criminal & DUI Lawyers today to set up your free consultation and begin your defense.