los angeles DUI defense

Published on: November 11, 2015

Arrested for a Los Angeles DUI and Worried about Jail Time? [This DUI Driver Had an Eerie Premonition]

Drivers charged with a DUI in Los Angeles rarely dress like they expect to go to jail. But in the early morning hours after Halloween, police in South Carolina picked up one motorist who apparently had a premonition of where he’d be spending the night.

Fox Carolina reported that an officer with the Springdale Police Department tried to pull Jamal Alexander over on suspicion of DUI. Instead of stopping, Alexander allegedly took off, hitting a patrol car and a porch of a house before ditching his car while it was still moving. When police caught up with Alexander, he threw a loaded gun under a patrol car.

Alexander had probably been out celebrating the Halloween holiday, since he wore a prisoner costume—all ready for his trip to jail. Police charged him with DUI, driving under suspension, failure to stop for blue lights, open container in a vehicle and unlawful carrying of a firearm.

Published on: November 2, 2015

Prosecutor Avoids Jail Time For Second DUI

by Michael Kraut

If a government prosecutor pleaded guilty to a charge of DUI in Los Angeles—for the second time in less than two years—would that prosecutor go to jail? Would someone who wasn’t as well connected end up behind bars? While there’s no way to tell what might happen in Los Angeles, in San Diego County, Deputy District Attorney Rebecca Ocain has avoided jail time in her second DUI case.

The San Diego Union Tribune reported that Ocain, age 39, had pled guilty early in October to a misdemeanor charge of DUI and hit-and-run. Police arrested her in August after she crashed into a cemetery wall and then ran from the scene on foot.

Ocain, who broke her arm during her encounter with the wall, had a blood alcohol content of 0.30%, according to a test taken about an hour after her arrest. That’s nearly four times the legal limit, as defined by California Vehicle Code Section 23152 of 0.08%. But the BAC number San Diego County used during her arraignment in August was 0.20%. In her previous arrest the year before, her BAC was 0.28%. (For reference, a BAC of 0.40% is often fatal.)

Published on: October 30, 2015

So Your Son Got a Los Angeles DUI Charge…

by Michael Kraut

Whether your 16-year-old son disobeyed your explicit instructions and tooled wildly around Sunset Blvd. with his friends, or your college-age-son at UCLA or USC picked up a Los Angeles DUI charge after a big football tailgate, you’re equal parts enraged, sad, confused, and desperate.

Hopefully, your son didn’t hurt anyone (or hurt himself) or rack up additional charges, such as hit and run or extreme DUI (very high blood alcohol concentration levels).

But in any case, you face a suite of challenges:

First, you need to manage your internal emotions and reactions to the situation and figure out how to be constructive.

Second, you want to be a good father (or mother) to your son and help set him straight, if he did do something wrong or out of step.

Finally, you want to help your son get effective help legally to avoid unfair trouble.

First, in terms of dealing with your own emotions and actions, strive to access compassion. Before judging or yelling, take time to understand the facts. What exactly happened? Why? With whom? Etc. Appreciate that you are limited in terms of what you can control about this situation: he is old enough to drive and make his own decisions. In addition to being empathetic, work with him (and an experienced DUI attorney) to develop a strategy.

Recognize your own needs that have been left unmet by the situation, and take care of them. For instance, maybe you feel a loss of control or fear for your son’s safety. How can you make yourself feel better about these issues?

Engage him honestly. Your goal isn’t to litigate the past as a parent but rather to figure out what can be done going forward. If your relationship has been challenging, ask someone else to help you both work through this.

Finally, appreciate that time may be of the essence. If strategic action is not taken, your son can lose his license for a long time, go to jail, face huge fines and fees, and beyond. Rather than try to figure out this system on your own, call Michael Kraut of the Kraut Criminal & DUI Lawyers, an experienced former prosecutor and highly qualified Los Angeles DUI defense attorney.

Published on: October 19, 2015

Driver Broadcasts Her DUI Live on Periscope: Not a Good Idea

by Michael Kraut

People arrested for a DUI in Los Angeles don’t always display the best judgment. But if you want proof that excessive alcohol consumption can cause you to do dumb things, consider this story from Lakeland, Florida, where a woman practically begged to be arrested.

According to WMAZ Channel 13—and media outlets across the country—Jennifer Beall was driving her 2015 Toyota Corolla on Saturday, October 10th, when she decided to broadcast her trip to the world via Periscope, a live streaming app. The only problem was that Beall, age 23, was apparently intoxicated and not afraid to share that information. In the raw video footage, you can hear her say repeatedly that she is “driving drunk.”

Many people watching the broadcast reportedly texted Beall and begged her to stop driving before she killed herself or someone else. Some also alerted the Lakeland Police Department via 911. But the police had a problem, because department regulations don’t allow them to download apps like Periscope; they had no way of watching the streaming video to determine where Beall was driving.

Finally, with the assistance of some 911 callers and a younger officer’s personal computer, police tracked Beall using landmarks they could see in the video. They found her on Carpenters Way in Lakeland. Just as officers prepared to pull her over, Beall hit a curb and flattened the tire on her Toyota.

The police reported that Beall smelled like alcohol, behaved in a disoriented fashion and exhibited bloodshot and glassy eyes. She allegedly failed sobriety tests and refused to take a breathalyzer test, so officers arrested her on DUI charges and took her to the Polk County Jail.

A spokesman for the Lakeland Police Department said he had never seen a case like this before in his 30 years of law enforcement.

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

Published on: October 12, 2015

Law Enforcement DUIs – 13 Year Veteran Busted in Maryland; Other Cop Grins in Mug Shot

by Michael Kraut

While many DUI arrests get brief mention in the media, a police officer charged with a DUI in Los Angeles can make national headlines. But most law enforcement officers in this uncomfortable position try to keep a low profile. They certainly wouldn’t top off their arrest with a booking photo that shows them with a big grin.

A DeSoto county constable should probably have displayed fewer teeth when police in Horn Lake, Mississippi, took his picture for their records. They stopped Christopher Plumlee, one of five elected constables in DeSoto County, for speeding and later charged him with DUI as well. Plumlee’s booking photo—which shows him with a wide, toothy grin and a slightly manic look in his eyes—has gone viral and drawn a great deal of criticism from county residents.

Photos also played a part in the arrest of Corey Britton, a corporal with the Howard County, Maryland, police department. On the evening of Wednesday, October 6, Britton collided with a car but allegedly took off instead of stopping at the accident scene. The other driver involved in the crash had a camera, however, and managed to snap photos of the damage to both cars and a picture of Britton’s license plate before he fled the scene. Maryland State Police used that information to help track Britton down.
When they finally caught up with Britton, they arrested him for failing to remain at the scene of an accident, driving under the influence, driving under the influence while transporting a minor, failure to control speed to avoid an accident and operating in a negligent manner.

Howard County police officers placed Britton, a 13-year veteran of the force, on administrative leave pending the results of the State Police investigation and their own internal investigation.

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: September 28, 2015

How Much Does the Brutally Hot Fall Contribute to Los Angeles DUI Events?

by Michael Kraut

If you or someone you love recently got stopped by police and charged with Los Angeles DUI, you are likely feeling the heat for more than one reason. Temps across the Southland will continue to be balmy at least until mid-November. In fact, September and October in Los Angeles are, on average, just as hot as July and August. This raises a pertinent question: does our strange Southland climate impact DUI events and arrests and, if so, how? And what can be done to protect drivers and bring arrest rates down?

The truth is that we actually don’t have solid empirical data to answer these questions. Even if we could identify some correlation between DUI arrests and particular times of year or weather phenomena, we couldn’t necessarily draw conclusions about their meaning.

For a classic example, consider fall holidays like Halloween and Thanksgiving – times of the year when DUI rates predictably spike and which many analysts blame on the holidays. Clearly, there is some reason why DUI arrests spike during these times, but why?

Possible hypotheses include:

• More people consume alcohol and drugs on holidays;
• More people are off work during the holidays, and thus they are more likely to be on the road. (As the total number of drivers on the road increases, the total number of DUI drivers also necessarily increases in proportion);
• Police patrol more for DUIs during these times of years, so arrest rates naturally go up because of the increased police presence;
• More people travel to unfamiliar places – as opposed to just driving to work and home – on holidays. Thus, more people will engage in awkward driving behaviors that lead to accidents or arrests;
• More people are distracted by the excitement of the holidays – and thus they’re more likely to engage in bad driving decisions that attract police attention.

The moral of the story is that it’s hard to pick out what causes what when looking at DUI prevention methods.

To create the “gold standard” science on DUI prevention, you’d have to randomize different groups and allow some groups to consume alcohol and drive while others to drive sober and engage in expensive and extensive rigorous trials that would put people at risk. Not possible, not even ethical.

Fortunately, the science of DUI prevention isn’t critical for you to know if you or someone you love has been charged with a Los Angeles DUI, and you need help with your defense.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers has been an effective Los Angeles DUI defense attorney for nearly two decades; he and his team can help you identify an appropriate strategy.

Published on: September 9, 2015

DUI Drivers Hit The Wall, The Fence, Horse Trailers—And A Train

by Michael Kraut

A collision with an inanimate object often brings to a halt the odyssey of a speeding and/or reckless driver suspected of a DUI in Los Angeles or in any other location.

Take the case of 65-year-old Huyesin Oflu of Frankford, Delaware. Before police caught up with him in the early morning hours of Wednesday, August 26th, he had managed to cross a median strip and two lanes of travel on DuPont Highway. Oflu then hit a fence, but that didn’t slow him down. He proceeded to ram two horse trailers, a fence (which he went through), a utility box and a road sign. Oflu’s vehicle ended up in the parking lot of a convenience store, where Delaware state troopers found him. They charged him with DUI, failure to remain in a single lane, failure to carry proof of insurance and littering.

Local police arrested Anna Stafford, 45, of Western Springs, Illinois, after they watched her hit a retaining wall while attempting to turn into a driveway. According to the La Grange Patch, the officers had responded to reports of a car swerving all over Wolf Road. When they caught up with Stafford they found an open bottle of alcohol in her car. Stafford’s subsequent arrest for DUI wasn’t a new experience for her; this incident marked the fourth time police picked her up for DUI.

While a moving train doesn’t exactly qualify as an inanimate object, the Union Pacific freight car that Brandy Jo Johnson slammed with her 2007 Honda minivan did bring her trip to an end. (The flashing railroad warning lights at the train track/road intersection had failed to stop her.) When they arrived at the accident scene, Franklin County police found Johnson’s minivan on its side down a nearby embankment; Johnson, almost miraculously, did not suffer serious injuries. She will face DUI charges, however.

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

Published on: July 23, 2015

Racing to Jail: A Terrifying DUI Story

by Michael Kraut

Police officers frequently cite motorists arrested for DUI in Los Angeles for related offenses such as speeding and running red lights. In Los Banos, California, one motorist’s behavior recently resulted in another far more grievous charge—vehicular manslaughter.

ABC 30 reports that 20-year-old Marcus Perez-Negrete and 19-year-old Casey Giannone had spent the evening drinking before they decided to top off the night with a little street racing. They sped down Santa Rita Avenue; when Negrete got to the stop sign at D Street, he allegedly didn’t bother to stop.

As Perez-Negrete’s blue Saturn Astra barreled through the intersection, it struck a red Chevy Aveo. The Astra flipped over, landing on its roof. Perez-Negrete walked away from the crash; so did his passenger.

Although the 64-year-old driver of the Aveo survived the crash, his 61-year old passenger and co-worker wasn’t as lucky. He died from his injuries. The two men had double bad luck that day; they couldn’t work at their picking jobs, because the field was flooded, and their unplanned return home put them right in the path of Perez-Negrete’s car.

The crash startled people living along the quiet street, waking them with a noise that one resident described as sounding like a bomb exploding.

Police wasted little time in sizing up the situation and taking Perez-Negrete to jail. They charged him with driving under the influence and with vehicular manslaughter. The court set his bond at a substantial $400,000. While his street race competitor didn’t face the manslaughter charge, cops charged her with DUI, reckless driving and driving without a license.

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: July 21, 2015

Second Down on DUI for former NFL Player

by Michael Kraut

Quarterbacks in the NFL typically have a lot of room to run. But one former NFL player, Donovan McNabb, will be looking at much closer quarters for three months if a recent second arrest for a DUI holds up in court and he ends up in jail. It’s too bad for him that the mandatory DUI penalties in Arizona are much tougher than California’s DUI penalties. If McNabb received the typical second-offense sentence for a DUI in Los Angeles, he might serve as few as 96 hours in jail.

McNabb, the Philadelphia Eagles’ former Super Bowl quarterback, was heading home from a sports bar on June 28 when he rear-ended a vehicle driven by the wife of a Gila River tribal police officer, according to AP reports. (Fortunately the accident didn’t cause any injuries.) When officers arrived on the scene they noticed McNabb’s watery eyes and fruity breath and asked if he had been drinking. McNabb responded that the cough syrup and cough drops he was taking for his cold were causing his symptoms.

The cops didn’t buy it. During the field sobriety test, McNabb couldn’t keep his balance and kept swaying from side to side. Police took him into the station and charged him with suspicion of DUI.

Because it’s McNabb’s second DUI offense, he could be spending 90 days in jail under Arizona’s mandatory DUI sentencing laws. The former NFL player previously served 24 days in jail for his first DUI conviction in 2014.
McNabb, who retired from football in 2011, has taken a leave of absence from his job hosting a sports radio show on ESPN.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers 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: June 24, 2015

Los Angeles DUI Cases in Question

by Michael Kraut

Hundreds of drivers found guilty of a Los Angeles DUI are getting another (unwelcome) day in court.

An investigation by county prosecutors and the FBI has revealed that a former court clerk may have fixed as many as 1,000 DUI and other misdemeanor traffic cases, deliberately reducing or wiping out punishments for convicted offenders while entering cases into the system.

According to news reports, the unnamed clerk in a back office in the Orange County Court House apparently altered the paperwork in hundreds of cases. The Orange County Register reported that the clerk recorded cases as dismissed when they were not and listed the wrong (reduced) penalties on case files. The phony resolutions listed in the case files meant that defendants had their punishments reduced or wiped out.

The problem came to light just three months ago, when a supervisor, doing a routine random check of case files, noticed a missing document in a DUI case. The manager went on to check all the other cases that clerk had handled, and he found inconsistencies in as many as a thousand of them.

The Los Angeles Times reports that the clerk’s actions appear to be part of a scheme that targeted Latino defendants.

The county prosecutor and the FBI, which are investigating the case, have not yet charged the clerk or anyone else in the case. The clerk no longer works for the court system, however.

Unfortunately for the defendants, they are not getting off with the lighter sentences. They have been called into court to face a judge, who is reinstating the original penalties in their cases. The judge is sending some defendants directly to jail if they have avoided serving their time so far.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.