DUI Punishment

May 27, 2016

DUI Drivers In Albuquerque Can Lose Their Vehicles: Could Southland Drivers Face a Similar Punishment?

Should the government be able to seize a vehicle driven by someone convicted of multiple DUIs in Los Angeles? California’s vehicle codes do permit temporary impoundment of motor vehicles driven by anyone convicted of even a first-time DUI. Although the law also allows for permanent seizure of vehicles of repeat (three or more time) DUI offenders, few jurisdictions take this option.

For DUI drivers in Albuquerque, New Mexico, however the scenario is quite different. They could permanently lose their vehicles after being arrested for DUI, despite an attempt by state legislators to curb this practice. Now a

District Court judge has dismissed a lawsuit that challenged the city’s seizure practice.

May 9, 2016

Do Morgue Visits Deter Repeat Los Angeles DUI Arrests?

by Michael Kraut

Would someone arrested for a DUI in Los Angeles be less likely to offend again if he/she had to go to the morgue to see someone killed by a DUI driver?

In an article that appeared in Slade Magazine’s April 2016 issue, writer Hannah Waters reported on a program in Orange County, California, that allows a judge to order a DUI offender to visit the morgue. The program, which started in the late 1980s, reports that fewer than two percent of the drivers who participate face DUI charges again within 18 months. The National Highway Safety Administration, on the other hand, estimates that the national recidivism rate for DUI offenses is about 30 percent.

Waters spoke to a forensic psychologist about the program, who said that such programs could help offenders understand that they have caused (or could have caused) real harm. Seeing a DUI victim in the morgue could also help an offender empathize with the victim, so they remember the possible consequences the next time he or she considers driving after drinking.

May 4, 2016

Dramatic “Twofer” DUI Arrest Capture Nation’s Attention

by Michael Kraut

Police officers may arrest multiple drivers for a Los Angeles DUI within a short period for time when they’re conducting sobriety check points, but it’s not as usual for them to nab two DUI drivers at a time at a traffic stop.

When a Florida Highway Patrol officer pulled 31-year-old Josue Moncado over for reckless driving on I-75 near Ocala, he smelled alcohol on his breath. The officer had just arrested Josue when his sister, Ercilia Moncado, pulled up and began arguing with the trooper. Another officer called to the scene ended up arresting the woman for DUI as well; she allegedly tried to escape from the patrol car, but officers managed to quickly recapture her.
No word on whether the Moncado siblings got adjoining cells.

Also a nominee in the category of “drivers who appear to be begging for a DUI arrest” is a woman recently arrested by the California Highway Patrol. The unnamed driver had allegedly stopped her car in the middle of the freeway, climbed up on the roof and began dancing. She apparently was a real entertainer; as the CHP troopers approached, she began singing as well.

May 2, 2016

More Restrictions on DUI Drivers In Free State

by Michael Kraut

Since the passage of AB 91 in 2010, California has required all drivers convicted of DUI in Los Angeles, Alameda, Sacramento and Tulare Counties to install ignition interlock devices (IIDs) in their vehicles if they want to qualify for a restricted driving license. Mothers Against Drunk Driving has supported this effort and similar policies adopted by other states.

Now Maryland legislators have passed their own version of the IID law. In their 2016 session, which ended in mid-April, Maryland legislators unanimously adopted Noah’s Law, named in honor of a Montgomery County police officer struck and killed by a drunk driver last December. Ironically, Officer Noah Leotta was working at a sobriety checkpoint at the time.

The new law will apply to anyone, including first-time offenders, who have a blood alcohol content of 0.08 or higher. They’ll need to keep the IID for six months or lose their license. Anyone who refuses a breathalyzer test at the time of arrest will have to install the IID for nine months after conviction or give up their driving privileges for that time.

April 27, 2016

DUIs Hit Your Pocketbook

by Michael Kraut

Ever wondered how much a conviction for a DUI in Los Angeles will really cost you? A recent study from InsuranceQuotes.com provides some insights.

The website took a look at the average increases in vehicle insurance rates after drivers get a ticket for a moving violation. Insurers raised their rates the most for drivers arrested for DUI/DWI; the average premium for the entire country almost doubled, increasing by 94 percent.

Insurers in California, however, are even tougher on their customers. California has the third highest average rate increase after a DUI–a whopping 189.34%! (But Golden State drivers can be glad they don’t live in North Carolina, where the average increase is 333.85%, or in Hawaii, where they’ll pay an average 293.79% more for auto insurance after a DUI.)

Reckless driving will also get you a hefty increase in your auto insurance costs. The average rate increase for California drivers is 189.34%, second only to Hawaii’s 290.68%. Speeding apparently does not cause the same degree of concern for insurers, since the average premiums in California increase by 37.83% for that offense. (California has the eighth highest average premium increase in the U.S.)

April 13, 2016

Will 13th Strike Finally Get DUI Driver Out?

by Michael Kraut

Everyone knows that in baseball the rule is three strikes, and you’re out of the game. But life isn’t always like baseball, and drivers convicted multiple times of DUI in Los Angeles often get behind the wheel and pose threats to others. Of course, California isn’t the only state with this problem, as illustrated by a recent incident in Denham Springs, Louisiana.

Before March 19th, 53-year old Jeffrey Blough had managed to rack up 11 DWI arrests and eight DWI convictions between 1983 and 2016. He had served time in jail and in prison, and he was on probation for one of those DWI offenses, when he crashed his Black Suburban into another vehicle while driving in Denham Springs. Police arrested him for DUI and took him to the station. Somehow, though, they did not pick up the fact that he had a long history of similar offenses and convictions. They let him go after charging him.

April 11, 2016

Deputy Disqualified, 104 DUI Court Cases Thrown Out

by Michael Kraut

Anyone facing trial for a Los Angeles DUI would be well advised to tell the truth when taking the stand. Lying to a judge and jury lead to serious consequences, including perjury charges. But if the truthfulness of a police officer’s statement is in doubt, that can be good news for drivers whose convictions depend on his or her testimony.

To that point, the district attorney of Wake County, North Carolina, recently decided to dismiss charges against 104 drivers accused of DUI after a judge caught a sheriff’s deputy lying during his testimony during one trial. Prosecutors had planned to use Deputy Robert Davis as a witness in those DUI cases and in 71 other traffic cases, which the prosecutor also dismissed.

April 7, 2016

Tough Decision for DUI Driver: Alligator Teeth or Handcuffs?

by Michael Kraut

Drivers arrested for DUI in Los Angeles have usually demonstrated that they don’t make good decisions. Once you’ve made a poor choice, it’s surprisingly easy to make a tough situation worse – often, far worse!

Case in point: Richard Lange faced a decision recently in Montgomery County, Florida. Should he continue to flee from police and risk getting bitten by alligators? Or should he remain on safe ground and wait for rescue (and arrest on charges of DUI, among other things)?

According to The Courier of Montgomery County, Lange hit several cars on I-45 and left the scene of those accidents when deputies spotted the front end damage to his vehicle and saw that he was riding on only three wheels.
But Lange wasn’t ready to surrender. When police pulled him over, he ran and jumped into a nearby lake to avoid capture. Trouble was, the lake was full of alligators. Lange realized his mistake and swam to the island in the center of the water, where he stayed for four hours until police got a boat to rescue him. He still tried to appear innocent and reportedly asked the officers if it was a crime to go swimming.

April 5, 2016

Florida Judge Denies Reduction in 33-Year DUI Sentence

by Michael Kraut

Judges presiding in cases of DUI in Los Angeles may be more inclined to show clemency when defendants express true remorse for their actions and make a sincere effort to turn their lives around. But they’re less likely to be merciful when a defendant demonstrates that he continues to demonstrate the same behaviors that got him trouble in the first place.

Kenneth Jenkins recently learned that lesson in a Florida courtroom. The Palm Beach Post reported that Jenkins, convicted of causing the deaths of three people in a March 2008 DUI-related accident, asked for a reduction in his 33-year sentence. Circuit Judge Charles Burton denied that request.

Three years after his arrest, Jenkins, now age 33, pleaded guilty to DUI and to driving the wrong way on Interstate 95 near Delray Beach. His black Pontiac GTO caused a series of accidents before it eventually slammed into a 2008 Mercedes, killing three of the vehicle’s four occupants. The case dragged on while Jenkins’ original attorneys tried to determine whether the Mercedes’ driver had also been partly at fault for the accident.

March 14, 2016

DUI Driver on Probation After Sending 2 Men into Ravine Goes Back to Jail

by Michael Kraut

Most people who spent time in prison after a conviction for a Los Angeles DUI would try to do everything they could to avoid going back behind bars. But one woman in Maryland wasn’t willing (or able) to take advantage of her opportunity to remain free.

The Washington Post reported that a judge is sending 40-year-old Kelli Loos back to jail–at least temporarily–after she violated her probation in a 2009 DUI conviction by trying to drive while she was under the influence of alcohol.

Loos allegedly had a BAC of 0.20–more than twice the legal limit–when she slammed into a vehicle carrying Gradys Mendoza and Franklin Manzanares in July 2009. The impact sent their vehicle flying over a guardrail and down into a 60-foot ravine, killing both men. Loos, apparently oblivious, continued driving until she had another accident in Virginia that brought her to a halt.

After Loos pleaded guilty to two counts of vehicular manslaughter and one count of leaving the scene of an accident, a judge sentenced her to 20 years in jail. Loos got out on probation after serving four years of her sentence. But before Loos could drive again, she had to get an ignition interlock device installed on her vehicle. Prosecutors brought her back into court on parole violation charges after the IID registered at least three occasions on which Loos tried to drive while under the influence.