Articles Posted in DUI on Prescription Drugs

With Election Day just a few weeks away, proponents and opponents of California’s Proposition 64 are weighing in on how the legalization of marijuana could impact the incidence of DUI in Los Angeles and other jurisdictions throughout the state.prop-64-los-angeles-DUI

Proposition 64 would decriminalize the use of marijuana in California by adults 21 years of age or older. The law would allow people to grow up to six marijuana plants in their own homes, as long as the public couldn’t see those plants. The state would reap big financial benefits, collecting a tax on the sale of marijuana (15 percent) and on the cultivation of marijuana flowers ($9.25 per ounce) and marijuana leaves ($2.75 per ounce).

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When you hear a report about someone arrested for a DUI in Los Angeles, your immediate thought might be that the person had been drinking too much alcohol before getting behind the wheel. But other substances can cause impairment similar to alcohol’s effects.xanax DUI los angeles

Television station WAFF in northern Alabama reported in June that state police are seeing more and more cases of motorists driving erratically after taking prescription drugs like Xanax. In one case, a man used Xanax and codeine before driving, eventually running off the road in an accident that killed his seven-year-old daughter.

Police officers have a problem when it comes to determining whether a motorist has been impaired because of prescription meds. They can immediately get a fairly good gauge of blood alcohol levels by administering a breathalyzer test. But the breathalyzer can’t detect the presence of prescription drugs. Police officers need a laboratory to conduct those tests, and long waits for processing samples at state labs gums up the system and leads to lots of delays.

Critics say this “how do we stop prescription drug DUI” problem now challenges law enforcement all over the country. In Fresno, California, on Friday, June 5th, police responded to two separate accidents that involved DUI and prescription drugs. ABC 30 reported that Alyssa Gonzales, age 18, slammed into David Torres when he was stopped at a red light. The accident killed Torres and resulted in charges against Gonzales, who allegedly had been taking a prescription for a spinal condition.

A few hours later, 38-year-old Denise Lago, under the influence of prescription drugs, swerved into oncoming traffic. She caused a four-vehicle accident that killed Ken and Jeannine Balderrama, who were riding a motorcycle. In an ironic twist of fate, the defense attorney representing Lago is a cousin of David Torres, the man killed in the earlier accident.

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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The recent legalization of marijuana in Colorado and Washington – in addition to the widespread and growing approval of medical pot — has spurred some fascinating research. Scientists want to understand how the growing wave of marijuana users is influencing the landscape of DUIs. Many police officers and other professionals working on this problem contend that drug DUI driving could become increasingly disruptive and deadly as marijuana laws soften.drug-dui-pot-los-angeles

Medical marijuana use is legal in California, but smoking and driving can still easily land you a drug DUI in Los Angeles and around the state.

Very few studies have been done to assess the risks of driving while high on marijuana. The National Institute on Drug Abuse and the NHTSA are wrapping up one such study — a 3-year investigation that researched the drug’s effects on driving. Using one of the most powerful driving simulators on the planet, researchers gave test participants either a placebo or varying concentrations of the drug and asked them to use the simulator.

The study yielded a surprisingly negative result. The data analysis software can detect subtle changes in driving behavior; and participants on marijuana exhibited hardly any change.

Police officers are not convinced that THC is innocuous, however, and don’t hold your breath waiting for the law to keep up with the science. Roadside THC detection tests are being developed and sold to law enforcement agencies in areas where pot is legal. Drivers pulled over while under the effects of marijuana can still be given a DUI – even in states like California where consumption can be legal. In California, police test for marijuana impairment using blood tests, which can indicate recent use.

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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If you got stopped for DUI on Whitworth in South Beverly Hills, you might have been charged with Beverly Hills DUI or Los Angeles DUI, depending on which side of the street you had been driving.beverly-hills-or-los-angeles-dui

The pavement tells the story: the north side is Beverly Hills territory, while the south side belongs to the City of Los Angeles. In practice, this slight distinction almost never causes any legal issues. After all, the City of Beverly Hills and the City of Los Angeles have very similar laws with respect to DUI driving and punishment. But the jurisdiction of your case can matter in some pretty important ways. For instance, it can help determine the judge and prosecutorial team in your case. It can influence the logistics of the trial.

Here’s the broader point, however, and you probably didn’t see this coming: if you’ve spent any time really thinking about this issue (or similar issues), you’ve almost certainly been wasting your time!

It’s not that jurisdictional issues don’t matter. Rather: you almost certainly lack the experience, knowledge, and resources to make sound legal decisions about such subtleties of the law. You don’t want to spend your very limited time and energy on the wrong things.

For instance, you may be fretting about the potential jail time (totally natural) but not paying much attention to your license suspension. After all, it’s scarier to think about spending a week behind bars than it is to contemplate the difference between a one and three month driver’s license suspension.

In terms of real costs, though, two extra months without a license can be a tremendous, costly inconvenience. For instance, let’s say that, without a license, you’re going to need to take a cab to work every day until you get your license back. Thus, you might spend literally thousands of dollars in cab fees just to keep your job.

So fighting a license suspension could be hugely important. But because you don’t have the experience to prioritize your DUI defense items, you might wind up missing or mishandling your DMV hearing and thus getting a less than ideal outcome.

Fortunately, an astute Los Angeles DUI attorney with the Kraut Law Group can help you make more effective choices. Get in touch with Mr. Kraut and his team for a free consultation today.
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As someone who’s been arrested for Pasadena DUI, you were probably more sympathetic than most when you learned that 50-year-old Dina Lohan (mother of actress, Lindsay Lohan) got arrested on September 12th for driving under the influence in Long Island, New York. Dina-Lohan-arrested-for-DUI-pasadena.jpg

Police pulled Dina Lohan over, after they saw her speeding. Based on her Field Sobriety Test performance (and other measures), they figured that she over the influence, and they arrested her just a few miles from her home in Merrick, New York. The bust came only a few months after 27-year-old Lindsay finished her 6th rehab stint connected to her Los Angeles DUI arrest.

On September 24, the elder Lohan entered a not guilty plea at New York’s Nassau County District to charges that she had been driving under the influence of alcohol or drugs.

Judge Joy Watson did suspend her driver’s license. But that apparently wasn’t a problem: Dina returned home in a chauffeur-driven Rolls Royce, and she is schedule to appear in court again on October 23.

Police said that Dina had been doing 77 miles per hour in a 55 miles per hour zone, and that she had a blood alcohol concentration of 0.20%. For those of you keeping score, that’s two and half times the legal limit for driving under the influence in Southern California.

A Family in Trouble
Lindsay and Dina are not the only members of the family to run a foul of the law. As this Pasadena DUI blog (and other sources) reported months ago, Lindsay’s father — Michael Lohan — has also been tormented by drug and alcohol issues, and he ALSO faces criminal charges.

What’s the Takeaway?

One salient takeaway from all the Lohan DUI drama is that dealing with addiction is complicated, emotionally challenging stuff. Fortunately, you don’t have to fight this battle on your own. An experienced, widely respected Pasadena DUI criminal defense lawyer with the Kraut Law Group can help you develop a sound strategy to deal with your charges.

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The act of driving DUI in Los Angeles is dangerous enough. But when you combine a DUI charge with animal cruelty, the situation is almost unspeakable. John-Thomas-Naylor-los-angeles-dui.jpg

People do bad things, for reasons both understandable and opaque. Bearing that in mind, let’s take a look at a recent Los Angeles Weekly story about a local man named Thomas Naylor, who was arrested on July 7th, after witnesses saw him drive DUI on Washington Boulevard. They say Naylor stopped his car, and took out a “severely ill” dog named Cruiser, and dumped the dog on the ground. Fortunately, people saw this happen, and they took the dog to get emergency veterinary care. The animal was ultimately stabilized.

The outcome was not as positive for Naylor, however.

Police tracked him down and arrested him. He was charged with DUI, driving without a license, and intimidating witnesses as well as animal cruelty. Naylor recently pled no contest to the animal cruelty charge as part of the plea deal, and he got the other charges dropped. Naylor still faces a hefty sentence, however — a full year in county jail along with three years of formal probation.

Plus, he is no longer allowed to own a pet, and he must pay for the poor pit bull’s hospital bills.

The story does have a silver lining: Cruiser managed to heal from his sickness and get adopted into a new home.

Do Los Angeles DUI drivers always receive such hefty punishments?

One year in county jail is a long time. You can earn nearly that amount of jail time just for a conviction of a misdemeanor DUI, per California Vehicle Code Section 23152(a) or 23152(b).

But punishment for Los Angeles DUI is not just limited to jail time.

Other kinds of nastiness may await you, even for a first time, non-injury misdemeanor DUI:

• The court may compel you to pay for and install an interlock ignition device (IID) in your vehicle. This machine will prevent you from operating your car or truck, unless you blow a sober breath into the machine;
• Mandatory alcohol education school;
• Spikes in your auto insurance rates (almost inevitable, if you’re convicted of DUI);
• A California driver’s license suspension;
• Stringent terms of probation;
• Serious court costs, fees, fines, etc.;
• Points on your license;
• Ratcheted punishments if/when you ever get arrested and convicted again for DUI or other crimes in Southern California.

So what can you do?

First and foremost, if you haven’t spoken with an experienced Southern California DUI defense attorney, connect with one ASAP. Michael Kraut is a Harvard Law School educated former prosecutor who has a wide range of experience with DUI cases. When he was a prosecutor, he earned a success rate in jury trials in excess of 99%. Connect with attorney Kraut now for help.

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Hopefully your Glendale DUI accident and/or arrest was not nearly as horrendous as was 20-year-old Karlie Tomica’s. dui-homicide-los-angeles.jpg

The South Beach, Florida bartender recently pled not guilty to DUI manslaughter charges stemming from the hit-and-run death of Stefano Riccioletti, a chef at the local Shore Club. The Circuit Judge in the case set bail for the so-called “Party Princess” (her Twitter handle) at $77,000 because of the brutal facts about the fatal crash.

Local police from Miami Beach allege that Tomica sped into Riccioletti, while he was walking to work early morning January 28. The following description is pretty graphic, so feel free to skip to the subsequent paragraph if you don’t want to have to read these difficult words: “the impact was so violent that her car was severely damaged, covered in skull fragments and brain matter… A nearby street barricade was painted in blood… Tomica refused to stop, and started driving several miles to her 17th floor condo, even as a good Samaritan followed and tried to get her to stop.”

Ultimately, the police caught up with her and took her to the station, where they gave her a toxicology test. They found that she had a staggeringly high BAC of 0.225%. For you record keepers, that’s nearly three times the legal limit for driving under the influence in Glendale. Meanwhile, they also found she had stolen another woman’s driver’s license (likely to use to buy the alcohol).

It’s really a very sad situation. Not only will this woman now face a DUI manslaughter charge, but she will also face many ancillary charges. It goes to show that DUI drivers often engage in not just one but multiple acts of incompetence or bad decision making — creating a kind of a “bad move” snowball effect.

It would have been bad enough if she just hit and killed the chef while DUI. But she insisted on driving home after the fact, so now she will be saddled with an additional hit-and-run charge.

This “making a bad situation worse” behavior does NOT indicate a fundamental lack of moral fortitude. It just suggests that one bad decision can trigger multiple bad decisions. The famous rock group, Pink Floyd, put it best in their song “A Momentary Lapse of Reason”: “one slip, and down the hole you fall. It seems to take no time at all. A momentary lapse of reason that binds a life to life. It’s a small regret, and we won’t forget, there’ll be no sleep in here tonight.”

Of course, after your momentary slip (or slips) of reason, you still need and deserve a solid defense. Connect with the Glendale DUI defense lawyer Michael Kraut now for a free consultation. Attorney Kraut is a Harvard Law School educated ex-prosecutor who has plenty of experience and tremendous compassion for DUI defendants.

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Statistics compiled by the Los Angeles County Sheriff’s Department and California Highway Patrol spell good news: the number of Los Angeles DUI arrests over the holiday season dropped substantially from the 2011 numbers. la-dui-arrest-over-holidays.jpg

The stats are still pretty staggering, but they mark a step in the right direction. Here are the numbers. From December 14 through December 19, per the LA County Sheriff’s Department, police officers from 100 different agencies busted 1,773 people for DUI in Los Angeles — down by nearly 500 from the 2011 numbers for the same period (2,205).

Meanwhile, the California Highway Patrol recorded a radically different trend statewide.

Between December 21 and December 25, 1,170 people got arrested for driving under the influence in California, and 39 people died. This compares poorly to the 2011 stats for the same period — 980 arrested and 14 killed.

When you tally up the numbers from December 14 through January 1, they are also pretty eye opening. 2,168 people got arrested throughout Los Angeles for DUI, per the Sheriff’s Department’s report. That means that one out of three arrests — almost 600 DUIs — came during the final 4 days of the campaign, from December 28 through January 1.

As we’ve discussed before, Los Angeles DUI arrests spike like crazy during holidays like New Year’s Eve, because partying people fail to get designated drivers or create “Plan Bs” for their route home.

The Sheriff’s Department leveraged a variety of methods to crack down on DUI driving during the holiday, including roving patrols, multi-agency task force operations, checkpoints, and beyond — all made possible by a California Office of Traffic Safety grant.

What should you do if you got wrapped up in the Los Angeles DUI holiday “dragnet”?

Whether you got stopped at a checkpoint and arrested for a routine misdemeanor charge, per California Vehicle Code Section 23152(a) or 23152(b); or you got tagged for a more complex offence, including hit and run, resisting arrest, assaulting a police officer, et cetera, you’re entitled to a stiff defense.

The question before you is: how should you build that defense? How can you avoid the scary penalties, such as loss of your Californian driver’s license, substantial jail time, large fines, and a substantial criminal record?

The team here at the Kraut Law Group can help you put together a detailed, step by step strategy to manage your charges and confront them in the most effective and knowledgeable way. Attorney Kraut is a Harvard Law School educated former prosecutor — he worked for the city for many years, so he knows what prosecutors tend to do in case like yours, and he can help you prepare accordingly. Get in touch with him and his team today for a free consultation.

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Does a deep, emotionally charged knowledge of Pasadena DUI laws inoculate you against making bad decisions behind the wheel?pasadena-dui-can-happen-to-you.jpg

Your intuition might suggest that it would. You’d think that police officers, Pasadena DUI defense attorneys, legislators and the gadflies who advocate for tougher DUI sanctions might exhibit safer behind the wheel behavior than the average citizen. To be fair, no one has ever conducted a systematic scientific study to compare these types of groups – the “presumed responsible” people versus average citizens. However, anecdotal evidence certainly suggests that Pasadena DUI lawyers are human and prone to fallibility, just like everyone else is.

Case in point: consider the sad story of 40-year-old Jeffrey Gallup, a former defense attorney who now faces his sixth DUI case. His latest arrest occurred back in September in Highland, Utah, just half a year from his previous DUI conviction. A police officer saw Gallup swerve, and he pulled the ex-attorney over for an equipment violation. The officer told the court that he smelled alcohol on Gallup’s person and noted that he had “glassy eyes” – both traditional symptoms of Pasadena DUI. (As regular readers of this blog know, other symptoms include loss of motor coordination, aphasia, inability to do physical tasks, inappropriate emotional reactions, etc.)

Gallup initially refused a DUI blood test after failing his field sobriety tests, so officers had to get a warrant to put him through the paces of a blood test. The former attorney racked up a BAC of 0.09% — over the legal limit for DUI in Pasadena and elsewhere of 0.08%.

Gallup faces a third degree felony count, since this was not his first DUI charge. As we’ve discussed many times, prosecutors do not take kindly to recidivist offenders. They have legal tools that they can use to amp up your charges and put you behind bars for far longer.

Gallup’s situation dramatically highlights that knowledge of the law – on a level far deeper than 99.9% of the population will ever enjoy – is simply not enough to inoculate you from making dumb decisions behind the wheel.

Fortunately, you can recover from what’s happened to you and turn your life around. Look to Pasadena DUI criminal defense lawyer attorney, Michael Kraut, of Pasadena’s Kraut Law Group to help you build a potent case. Attorney Kraut is an ex-prosecutor. His perspective as both a criminal defense lawyer and a former prosecutor gives him a competitive advantage over other Pasadena DUI attorneys and law firms.

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Southern California DUI events are dangerous, in and of themselves.dui-with_pipe_bomb.jpg

If you drive under the influence of drugs, alcohol, or even prescription medications, your ability to react to unexpected conditions on the road, emergency signals, strange weather conditions, etc can be horrifically impaired.

Usually, the DUI driving is the most scary ‘part’ of any DUI stop. However, that’s not always the case! Consider a seemingly routine DUI stop up in San Jose that got totally out of control, when local police discovered that the driver had a bomb in his van.

According to news reports, the San Jose Police Department stopped a 1998 Ford Windstar van near the 101 and First Street at around 8:45 p.m. last Wednesday. Police became suspicious while chatting with the driver; and they searched the van. They discovered significant evidence to bust 35-year-old James Magill and hit him with narcotics charges and a DUI.

They also discovered a live pipe bomb!

A SWAT team was summoned to the scene, and police shut down streets around the area. The SWAT team prepped for hours before detonating the pipe bomb in a controlled explosion. Local residents felt and heard the blast. One person living nearby said he felt his entire apartment shake from the controlled detonation. No damage or injuries resulted, fortunately, and the ‘uncooperative’ Magill got booked on a number of charges, including DUI and possession of a destructive device. He was held without bail at County jail.

An investigation into the situation is ongoing.

Hopefully, your Southern California DUI was less scary. The vast, vast majority of people who are arrested for driving under the influence intend no harm. They either misjudge their own ability to metabolize alcohol or make other poor judgment calls.

To manage the aftermath of your DUI arrest effectively, you likely need substantial help from an experienced Los Angeles DUI criminal defense attorney.

The Kraut Law Group’s Michael Kraut has a wealth of resources, experience, and connections to inform you and help you fight back against the charges. The best defenses involve both a deep and realistic appreciation of exactly how much trouble you are in as well as a success focused vision of an ideal conclusion to your case. Attorney Kraut is an ex prosecutor with a Harvard Law School background. He has the common sense, intuition, and experience to help you maximize your likelihood of prevailing.

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