los angeles DUI

Published on: January 13, 2016

Pulled From Pond, Arrested For DUI

An arrest for DUI in Los Angeles or any other jurisdiction isn’t a good way to start a new year. But a woman in Oswego, Illinois, found herself in hot water on January 1st thanks to a little too much celebrating on New Year’s Eve.

Paula Mason, age 50, apparently lost control of her car and drove over a wall around a retaining pond around 1:45 a.m. Witnesses to the crash called Oswego police to report that the vehicle was in the water.

Luckily for Mason, who was trapped inside her vehicle, police responded quickly to the scene. The car was located about 100 feet offshore and sinking. A Kendall County deputy braved the frigid pond temperatures to swim out to Mason, but it took several attempts before the deputy could break out the rear window of her vehicle and pull Mason out. Both the deputy and an Oswego police officer who assisted in the rescue ended up receiving treatment at a local hospital.

Published on: December 4, 2015

DUI Driver Speeds To Jail

by Michael Kraut

Motorists picked up for DUI in Los Angeles often face additional charges of speeding and/or reckless driving. While they may exceed the speed limits by 10, 20, or even 30 miles per hour, few reach the speeds achieved by DUI drivers in Lyndonville, Vermont, and Kershaw County, South Carolina.

Kershaw County deputies picked up 28-year-old John Edward Hannah over the Thanksgiving holiday weekend and charged him with DUI for the second time in five months. He allegedly attracted their attention by traveling 115 miles per hour on Interstate 20. Hannah perhaps confused the Interstate with a raceway; at the time of his arrest last June, he was also speeding along on I-20. He was a little slower that time, however, moving “only” at 114 mph.

Published on: November 30, 2015

Young Officer and Mother Killed by DUI Driver

by Michael Kraut

Police officers on patrol in their vehicles are all too often at risk of serious injury or death when they’re dealing with DUIs in Los Angeles and the surrounding counties. It’s an occupational hazard for law enforcement personnel all over the country, who stop by the side of a road to make traffic stops or assist motorists having trouble and end up losing their lives when impaired drivers swerve and slam into them.

In Denver, Colorado State Patrol Trooper Jamie Jursevics suffered fatal injuries when investigating a minor crash on the interstate near the city. Eric Peter Henderson, 52, a retired Army colonel and Legion of Merit award winner, was allegedly driving home intoxicated from a Denver Broncos game when he struck Jursevics and then fled the scene. Motorists had already alerted the state police to Henderson’s driving; Jursevics had heard the reports and was trying to pull him over to the side of the road with her flashlight when his truck hit her.

Published on: November 24, 2015

Two Victims In Deadly Los Angeles DUI

by Michael Kraut

A 36-year-old man is contemplating his future from a hospital bed after causing a fatal accident in the early morning hours on the Sunday before Thanksgiving. The alleged cause of the accident is a Los Angeles DUI incident.

According to various news reports, the as yet-unidentified driver of a Buick LeSabre was speeding when he careened across West 59th Street near Normandie Avenue and slammed into a minivan containing a family of five. The accident killed the mother of the family, who was driving. The father and the three children, all under age 10, suffered minor injuries.

That collision didn’t slow the driver down, however. He continued on a deadly path, traveling several blocks and eventually mowing down a pedestrian before crashing into a building where member of the Persuaders Motorcycle Club were holding a party. Even then the car didn’t stop, but destroyed several motorcycles before finally coming to a rest. (Pictures from the scene showed the smashed minivan and the flattened motorcycles stretched out in the street.)

Published on: November 18, 2015

5 Wild Truck Accidents to Put Your Los Angeles DUI into Perspective

by Michael Kraut

Your Los Angeles DUI shook you up, particularly if it led to an accident and injuries. However, it can be helpful to see your incident in context. To that end, let’s take a brief tour for five unbelievably crazy truck accidents:

1. Semi Sandwich

On a foggy morning in January 2015, Oregon driver Kaleb Whitby ended up in every motorist’s worst nightmare when he was pinned between two semi-trucks on the icy interstate. Whitby explained that he saw the first semi-truck jackknife in front of him on the road, which caused him to plow into the back of the semi and flip his pickup. The driver described hopelessly gripping the steering wheel as the second semi crushed his pickup like a can of soda. Miraculously, Whitby sustained only minor bruising from the accident, while only a dozen of the other people involved sustained injuries.

2. Truck Meets Road Sign

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: August 26, 2015

DUIs With A Twist

by Michael Kraut

Although there’s no such thing as a typical arrest for DUI in Los Angeles, most cases don’t stand out as memorable for police officers. But sometimes they come across a DUI suspect that they will remember—and are likely tell stories about—for years to come.

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Once such incident occurred recently in Santa Rosa, California. California Highway Patrol officers stopped Christopher McFarlane near College Avenue in the early morning hours of Saturday, August 8th. According to the Press Democrat, they had seen him an hour or so before; he was a passenger in a car they previously pulled over.

Officers eventually arrested the female driver of that car on DUI charges and warned McFarlane—who allegedly appeared drunk—not to attempt to drive for a while. He agreed. But a short time later, as officers were leaving the jail where they had booked McFarlane’s friend, they noticed him behind the wheel of another car. He failed a field sobriety test and the police eventually booked him not only on DUI but also on driving on a suspended license and violating his probation. (McFarlane was on probation because of a previous DUI conviction.)

In Wildwood, Florida, 33-year-old Christina Anne Marie Lamoreaux told officers who charged her with DUI that they should arrest her dog and not her. Lamoreaux had fled the scene after hitting an apartment building with her car. When police caught up with her later in her own apartment she said she had intended all along to pay for the damage. She insisted that the accident wasn’t her fault—if they wanted to arrest someone, they should arrest the dog, who (she claimed) had caused the accident.

But officers, noticing that Lamoreaux smelled of alcohol and appeared confused, asked her take a sobriety test. When she refused, they hauled her off to jail, charging her with DUI, hit and run involving property damage and resisting arrest. (The dog apparently won’t face charges.)

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.

Published on: July 3, 2015

TV Anchors Making DUI News [Themselves]

by Michael Kraut

When you report the news—whether you’re describing a fire in Chicago or a high-profile arrest for DUI in Los Angeles—you don’t want to end up as a story on the 6 p.m. broadcast. But that’s just what’s happened to a couple of TV reporters in the last few weeks.

On June 15th, cops arrested Atlanta news anchor Amanda Davis on DUI charges for the second time in less than two years. Davis had been driving her Mercedes E350 down the southbound lane of Atlanta Road, but reports say that she experienced trouble staying in her lane. An officer who pulled her over said that she staggered out of her vehicle.

It was a case of particularly poor timing for Davis, who had been scheduled to make her return to the screen on that very same night. Earlier in June, in a radio interview, she had said her previous arrest for DUI driving was awful. This latest one probably wasn’t any better.

Less than a week later, in Washington State, police picked up KEPR Action News anchor Terry Chick. The 61-year-old allegedly had been drinking in a bar, and despite protests from other patrons, chose to drive off in his Mazda. He backed into a parked truck, but then took off instead of stopping. Witnesses alerted the cops, who followed Chick’s car and saw it swerving on the road. When the police stopped him, Chick allegedly didn’t do well on the roadside tests, and he refused to take a breathalyzer test.

Chick had a previous arrest for DUI in 2011. He pleaded guilty, and the court sentenced him to serve five years’ probation.

Designing and executing an effective defense against DUI charges (even simple ones) is not intuitive. Fortunately, you can trust the seasoned, highly successful Michael Kraut. Call a DUI lawyer in Los Angeles with nearly two decades of experience.

Published on: June 29, 2015

Police and the DUI Driver and the City

by Michael Kraut

Police officers are constantly on the lookout for drivers whom they can charge with a DUI in Los Angeles. So the last thing that impaired motorists usually want to do is to call attention to themselves and their driving. But in two recent cases, that’s just what happened—once accidentally and once deliberately.

Pedro S. Garcia of White Plains, New York, allegedly gained the notice two officers by almost hitting them. They had been directing traffic at the scene of a medical emergency when they saw a driver accelerate towards them, stopping just before he reached them.

When the cops investigated, they found that Garcia smelled like alcohol, had watery eyes and was speaking slowly and deliberately. When they gave him a field sobriety test, he flunked. The officers charged Garcia with DUI and hauled him off to jail, but he was soon released on a $220 bond.

In Hopkinsville, Kentucky, however, the police didn’t have to go searching for the intoxicated driver; he came right to them and literally asked to be arrested. Christopher Stewart, age 26, drove to the police station in this small town on June 16th and almost hit a parked police cruiser. He then got out of his vehicle and told officers that he was ready to go to jail for DUI.

Stewart told police that he drank a pint of alcohol before coming to visit them, and he then tried to drink a bottle (closed) of fuel injector cleaning fluid. So the cops obliged the young man by charging him as he requested. They didn’t say whether there was a particular motive for his unusual behavior.

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

Published on: June 10, 2015

Colorado Gets Tough on DUI Drivers

by Michael Kraut

California has some pretty tough consequences if you’re convicted of DUI in Los Angeles; if you’re found guilty of the offense a fourth time within ten years you can face a possible felony as well as up to five years in jail.

Until recently, Colorado had some of the laxest DUI laws in the country. The state lacked a felony provision for multiple DUI arrests; someone arrested for a fourth, fifth or six DUI would only face misdemeanor charges and a relatively short jail term.
But that’s no longer the case, thanks to continuing advocacy by family and friends of people killed and injured by DUI drivers. After years of legislative battles, the Colorado state legislature just passed a bill making a fourth DUI a felony. Colorado Governor John Hickenlooper signed the bill into law on June 1. To qualify as felony offenses, the DUI convictions don’t have to be in Colorado. If a judge or jury finds a Colorado licensed driver guilty of DUI in another state, that counts towards their total of DUI convictions.

Fox 31 Denver reports that the new law doesn’t require judges to treat the fourth offense as a felony, but it does give them the power to do so. The judges are somewhat limited by the new law, however; they can apply the felony penalty only if it appears unlikely that treatment for alcohol problems will help the convicted driver.

The bill will become law in two months, unless Colorado citizens unhappy with its provisions collect the more than 86,000 signatures required to put the issue on the ballot for state voters. They have until August 5th to file those petitions.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ Michael Kraut for insight and peace of mind. Mr. Kraut is an experience Los Angeles DUI attorney with many relevant connections in the local legal community.