Articles Posted in Beverly Hills DUI Defense Attorney

uber-driver-DUIIt’s bad enough that a DUI conviction can wipe out your bank account or drive up your credit card bill. Between the fines, court costs and other associated expenses—like DUI driver school tuition and added commuting costs—you could pay as much as $7,500 out of pocket. But you could also face a longer-term problem of unemployment. When you lose your job because of a DUI or struggle to get a new one afterwards, it adds insult to injury.

If you’ve been earning some extra cash as an Uber or a Lyft driver, you’ll have to find another way to fill your wallet. Uber is already fairly picky about DUIs on a driving record; in California, Uber won’t even hire you if your record shows that you’ve had a DUI within the last 10 years.

But what if you’ve been working as an Uber driver, and then you get a DUI? Will you be able to keep driving?

Police officers are all too familiar with injuries and deaths caused by a driver who is both speeding and DUI in Los Angeles. A few hours south of LA, a race between two young and allegedly intoxicated drivers in the San Diego area has left a passenger in one car dead.Los-Angeles-DUI-and speeding

Residents along East H Street in Chula Vista have often complained to authorities about the vehicles that race along that road. In the early morning hours of Saturday, October 8th, Jose Molina Ramirez, 22, and Nicholas Nesbitt, 22, pitted their vehicles against each other with fatal consequences. While traveling at 100 mph, Ramirez lost control of his car, went careening across the median (cutting two magnolia trees in half) and then moving across the traffic lanes opposite from the ones he had been traveling on. (Fortunately he did not hit any vehicles traveling in this direction.)

While Ramirez and his front seat passenger managed to escape unharmed, the back seat passenger, 22-year-old Sergio Isai Ramirez, was not wearing a seatbelt. He was killed on impact.

Neighbors reported hearing screeching tires and a loud crash at the time of the accident.

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Police who arrest drivers arrested for DUIs in Los Angeles sometimes observe the motorist engaging in additional risky behaviors behind the wheel: talking on a cell phone or texting, for example. Now you can add another item to the list of dangerous distractions: Pokémon Go.pokemon-go-DUI-accidents

A young driver in Port Orchard, Washington, was apparently drinking, driving and playing Pokémon Go on the evening of Saturday, August 6th.  Witnesses called police when they observed her driving erratically while using her mobile phone.

The officers tracked the unnamed driver to a nearby waterfront park (a favorite spot for Pokémon Go players). When they questioned her, they found she was underage and under the influence, and she was driving on a suspended license. They arrested her on both charges.

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Prosecutors sometimes use a “relation-back” calculation to determine blood alcohol content when charging someone with a Los Angeles DUI. The theory is that chemists or other experts can look at the results of a blood test taken a few hours after an arrest and calculate what the BAC content would have been at the time the police officer pulled the driver over. judge-rules-in-DUI-case

Now a judge in Vermont has ruled that the state can’t use such evidence.

According to WCAX and NECN (New England Cable News), Judge Howard Van Benthuysen of the Orleans County Criminal Court ruled that the “relation-back” calculations are unreliable. He cited scientific evidence that shows alcohol leaves people’s bloodstreams at very different rates.

With his decision, Judge Van Benthuysen threw out the BAC in 25 DUI driving cases before the court. There’s no word yet about whether or not the prosecutor will appeal the ruling to a higher court. In Michigan, meanwhile, the state’s appeals court has ruled that operating your car in a driveway while under the influence does not constitute DUI.

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Motorists stopped for speeding often face other problems, including charges of DUI in Los Angeles. The police can use the results of a field sobriety test to support the charge, but what happens if the results of that test are not clear?

interesting-DUI-case-TennesseeA ruling by Tennessee’s Court of Criminal Appeals will require Anthony John Silver to stand trial for driving under the influence, despite dispute over his performance on a field sobriety test. A Williamson County Circuit Court judge had thrown out Silver’s arrest, contending that the police officer on the case had inaccurately described what happened during the tests. The three-panel appeals court disagreed with that decision and reinstated the charges against Silva.

News agencies reported that Officer Adam Cohen of the Franklin Police Department pulled Silva over when he saw him driving 46 miles per hour in a 35 mph zone. Officer Cohen said Silva smelled like alcohol and admitted he had drunk three beers several hours earlier.

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Planning to celebrate the March 17th holiday honoring the Irish saint? Better make sure that you have a designated driver–or at least an alternate form of transportation–for that night if you want to avoid charges of DUI in Los Angeles or any other jurisdiction. Police departments across the country are warning that they plan to be out in full force to ensure that the roads remain as safe as possible.st-patricks-day-los-angeles-DUI-awareness

They have reason for concern. The WalletHub website recently posted some sobering statistics on DUIs on Saint Patrick’s Day. They report that in four years, from 2009-2013, 276 people died in DUI-related accidents on March 17th. (The Centers for Disease Control state that 30 people a day usually die in such accidents, so that’s more than twice the typical number of deaths.) The drivers involved tend to be more than just a little tipsy; WalletHub said that 75 percent of those involved in fatal accidents have more than twice the legal limit of alcohol in their blood.

The St. Patrick’s Day DUI accidents also occur more frequently–every 46 minutes, according to WalletHub, versus the CDC’s estimate that a DUI-related death occurs every 51 minutes on the average day.

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Excessive drinking can reduce inhibitions, so when police officers pick someone up for a Los Angeles DUI, they probably aren’t too surprised if they find the suspect has shed a few items of clothing along the way. But police officers in Waukesha, Wisconsin, were startled when they finally caught up with a DUI suspect after a high-speed chase and found that he had taken everything off.
According to TV station Fox 6, Leif Erickson crashed through a chain link fence enclosing a parking lot on the night of August 11th. Unfortunately for him, two police officers had parked their squad cars on the lot, and Erickson hit one of them. The 21-year-old Erickson ignored the officers’ commands to stop, backed out of the fence and took off, hitting speeds up 70 mph. He ran stop signs and hit curbs repeatedly as he attempted to evade police.erickson-DUI-los-angeles

Erickson did brake hard for one stoplight, which sent his vehicle into a 180-degree spin. An officer attempted to stop him, but Erickson accelerated towards him and his squad car. The chase continued, this time reaching speeds up to 90 mph, before Erickson took a turn too fast, flipped the car and went airborne. He managed to climb out of his car, however, and that’s when the police discovered he was nude. They managed to subdue him after shooting him with a bean bag round (instead of deadlier bullets).

Police charged Erickson with a first offense of operating while intoxicated, since he admitted to them he had taken two hits of acid a few hours before. But he’s also looking at more serious charges. They include three felony counts of reckless endangerment, one count of hit and run causing injury, one count of fleeing and eluding and one count of felony heroin possession.

Yikes.

As a frequent contributor to respected media, like The New York Times, The Los Angeles Times and Good Morning America, Los Angeles DUI attorney Michael Kraut of the Kraut Law Group understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

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Drivers charged with a Los Angeles DUI could face more than just legal penalties. As this story from Alabama shows, they might have to live with the fact that they’ve ruined somebody else’s life.leg-los-los-angeles-DUI

In Birmingham, Alabama, a 26-year-old woman on the way home from a wedding hit construction worker Bobby Joe Smith, who was working on a nighttime project for his company. Amanda Brown pinned Smith between a bulldozer and the bumper of her GMC Yukon. The accident severed one of Smith’s legs, left the other hanging by the skin and caused severe internal injuries to his colon and spleen. Fortunately, his co-workers had enough presence of mind to use their belts for tourniquets and to apply duct tape to stop the bleeding.

Smith and his co-workers had been in a well-lit area marked off by cones when the accident occurred. The crew prevented Brown from driving away in her vehicle after the accident, but she then fled on foot to her nearby apartment. Police eventually charged her with leaving the scene of an accident with injuries and first-degree assault, which includes DUI.

Smith ended up losing his right leg below the knee, and he may lose the other as well. Brown faces penalties for getting behind the wheel while allegedly intoxicated, and she will have to live with the knowledge that she’s taken away another person’s ability to walk and to make a living.

Brown could face pretty severe legal consequences if she lived in Los Angeles and prosecutors convicted her of causing an injury while driving with a blood alcohol content of .08% or higher. Per California Vehicle Code 23153, that action raises ta DUI charge to a felony. Even a first-time offender could be looking at prison time, high fines and the need to make restitution payments to the victim.

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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In Los Angeles, DUI offenses can be punished by a few hours in prison or many years – the harshness of the sentencing depends on many factors, such as the nature of the alleged offense, the amount of damage done to people and property, and the history of the alleged DUI driver.Harold-Moore-8-DUI

First non-injury offenses, usually involve minor punishments, like a driver’s license suspension, DUI awareness classes, and probation; whereas repeat DUI convictions can lead to a dramatic escalation in penalties.

A shocking case from Texas illustrates what can happen to super-recidivist DUI offenders. Police recently arrested Harold Moore, a successful janitorial service owner, for his 8th lifetime DUI. Moore had just been released from a four year prison sentence for his 7th DUI.

While in prison, Moore had enrolled in multiple alcohol treatment programs. Authorities released him from prison, pursuant to his participation in a decade long probation period. His prior DUI convictions allowed the presiding judge discretion in determining further sentencing requirements. Moore’s defense attorney stated that his seventh sentencing was mild and “truly a gift.”

Since Moore had been on probation, any BAC conviction would constitute a breach of his punishment. Moore’s BAC was allegedly 0.27%, more than 3 times the legal limit here in L.A. (and in Texas). Moore now might be looking at 20+ years in prison. The prosecution is attempting to add another 10 years for his breaching probation.

Moore’s case may be an extreme example, but repeat DUI offenses need to be aware that courts typically impose harsher penalties and begin adding jail time for every additional DUI offense.

Another important point to remember is that an out of state DUI conviction can still count toward your overall “total.”

In California, after three or more DUI convictions in a 10 year period — or if your DUI causes harm or death — you will likely face felony charges. at 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.

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What lessons do celebrities learn after getting arrested for DUI in Los Angeles?chelsea-handler-jason-priestly-dui

TV personality Chelsea Handler and actor Jason Priestley (of Beverly Hills 90210 fame) discussed their respective DUI arrests recently on Handler’s talk show, Chelsea Lately. Priestley got arrested in 1999, as a young actor. Handler also got arrested for DUI young — at the tender age of just 21.

So what did they learn from their experiences? Here’s a transcript of their exchange:

Priestley: “what self-respecting Los Angeleno doesn’t have a DUI under their belt? I mean, come on.”

Handler and Priestley then high-fived.

Handler: “The important thing is not to get two.”

Priestley: “You get one. Lesson learned.”

Priestley recounted his experience of meeting a bunch of Russian men in jail, after being arrested. First, they seemed stunned to see the actor — who was quite famous at the time, since Beverly Hills 90210 was a hit show. Then one rough man came up and “grabbed me and hugged me… he picked me and he carried over me over to the table and he put me down, and I just sat down and started playing cards with these guys. I played cards with them for five days. I had no idea what the game was … I got out of there in one piece … that’s all I care about.”

DUIs are certainly no laughing matter, and it’s perhaps a bit disrespectful to chortle about them and high-five about DUI defenses on national TV. But both celebrities have remained out of harm’s way and avoided driving DUI since their arrests — and that’s also important. According to the stereotype, DUI defendants are grizzled and incorrigible. They are doomed to commit other offenses and hurt people on the road.

But most people who get arrested for minor offenses manage to get themselves together, rehabilitate their image, deal with their prison sentence, etc. Even if you caused minor injury to someone — and now face charges per the felony DUI code, 23153, instead of 23152 — with the appropriate strategy, you can rebuild your life and leave your DUI behind you.

The first step is to connect with an experienced, effective Los Angeles DUI defense attorney. To that end, call the Kraut Law Group right now to speak with attorney Michael Kraut about your defense possibilities, so that you can make smarter decisions and get results.

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