Articles Tagged with DUI attorney

DUI-myths-vs-realityAs much as we are bombarded with media messages and warnings to avoid drinking and driving—and the consequences if we ignore those warnings—it’s remarkable how much the public doesn’t understand about DUI, especially here in Los Angeles. In particular, people who get pulled over on suspicion of DUI frequently have inaccurate preconceived ideas about what officers can and cannot do, what might cause an arrest, whether or not the charges will stick, and so on.

To be clear, you should never get behind the wheel if you’ve been drinking, and nothing we’re about to say should be construed as suggesting otherwise. However, people frequently misjudge their own thresholds, and even people who haven’t been drinking sometimes find themselves under roadside investigation for DUI. Let’s dispel a few commonly held myths about DUI in Los Angeles (and the rest of California, for that matter) and replace them with the facts.

MYTH: Only people who have been drinking are arrested for DUI.

There’Los-Angeles-DUI-lessons-300x250s a lesson to be learned from every experience, good or bad—even being arrested for DUI. However, we can save ourselves a lot of pain by learning, whenever possible, from others’ negative experiences. No one can better explain what happens with a DUI arrest than someone who has gone through it, so let’s take a look at a few stories of real people and their experiences with DUI, and what they learned in the process.

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“If I’m going to drink at all, just don’t plan on driving. Or don’t drink.”

The State of California law recognizes that children involved in incidents of DUI in Los Angeles are at special risk; in fact, California Vehicle Code 23572 mandates enhancements in penalties for anyone driving DUI with kids in the car. For a first offense, convicted DUI drivers have to serve a mandatory 48 hours in jail. A second offense results in a 10-day jail stay and a third offense in a 30-day jail sentence. Drivers caught DUI for a fourth time with children in their vehicles could spend three months in jail.children-at-risk-DUI-los-angeles

A September 5th crash in Cuyama, California, illustrates just why authorities are so concerned. Jerald Holman was traveling westbound on Highway 166 when his Toyota Camry drifted into the eastbound lane. When Holman hit a Chevrolet in that lane, the impact ejected two young passengers—a 7-year-old boy and a 4-year-old girl—from the car. Emergency responders pronounced both children dead at the scene. The children’s mother, Todeshia Lewis, was also a passenger in the car. She and Holman suffered minor injuries.
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Advocates for legalizing marijuana in California seem to be gaining supporters, and state voters are likely to see an initiative to change the state’s current ban on the November ballot. If the measure passes, police officers in California are going to have to find a better way to determine whether a driver is guilty of DUI in Los Angeles.marijuana brownies dui attorney los angeles

Oregon passed laws permitting the recreational use of marijuana in 2015, the state only recently okayed the sale of marijuana edibles. Police in Salem, Oregon, stepped up their DUI patrols over the first weekend in June, when stores started selling marijuana brownies and other delicacies containing THC.

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Perhaps even more scary than contemplating going to jail for your recent Los Angeles DUI charge or facing the prospect of walking two miles to and from Trader Joe’s to get your groceries every week for the next year is the specter of having to confess the DUI to your boss.telling-boss-about-DUI

It’s no secret that the cost of living in Los Angeles is crazy high (although, fortunately, not as wild as the cost of living in cities like New York and San Francisco). Moral is: you need a solid income stream to support your family and larger ambitions.

So you don’t want to lose your job – particularly for a momentary lapse of judgment that you had outside of work. However, if your employer does learn about the DUI – in particular, learns about it in the wrong way – you could face seriou repercussions at work. Here are some tips for how to move forward.

1. Before you chat about your case with other people (including your boss as well as friends and family members), get insight from an experienced Los Angeles DUI defense attorney.

Your attorney help you figure out how to break the news and get the ball rolling on an accurate and sound defense strategy.

2. Don’t beat around the bush.

Stick to the facts when you have the conversation – assuming your attorney says it’s wise to do so – and avoid getting into emotions or embellishment. Just say what happened, say what you are doing now, and be business-like about it.

3. Avoid letting your boss find out about the arrest from a co-worker or from the news, if possible.

4. Be empathetic to the boss’s response.

Depending on your relationship and what happened during your DUI, your boss may get extremely angry or sad or some other reaction. Avoid taking her reaction personally. Try to understand what’s going on in her head and heart. For instance, perhaps she is disappointed, because she’s just worried that you may lose your license and thus not be able to get to work on time. Perhaps this news raises trust issues with her. Reflect these concerns without admitting anything on your part. Be a mirror.

5. Learn appropriate lessons, and make a constructive plan going forward.

For instance, let’s say that your license suspension prevents you from going to work easily – or delays you an hour a day. So be it. Work with your employer and colleagues to develop a work around as you manage the license suspension.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Law Group today for a complimentary consultation.

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Some drivers pulled over for DUI in Los Angeles may fantasize about getting even with the cop who arrested them. They may be too impaired at the time of their arrest to realize this isn’t a good idea, but when the alcohol fumes dissipate their plans for revenge usually disappear as well.fake-affair-dui-los-angeles-revenge

That wasn’t the case with one Illinois man arrested on February 2 for DUI, reckless driving and fleeing police. The 37 year old driver threatened a local Sheriff’s Deputy, who corralled him on a road near Decatur Airport after a brief chase.

According to the Decatur Herald Review, the driver threatened revenge because his wife was less than pleased after receiving a call from her jailed husband. The driver told the deputy that he had ruined his life and his marriage.

So the driver tried to destroy the deputy’s marriage by faking a series of letters to the deputy’s wife. He pretended to be a female corrections officer who was having an affair with the deputy. At one point the driver even sent a pair of pink women’s panties to the deputy.

The deputy immediately alerted his superiors, who began an investigation. They finally traced the letters to the driver through an Easter card he sent asking him to take the supposed affair to the next level. After discovering that Walmart sold the card, investigators were able to use surveillance video and credit card information to link it to the driver.

Revenge will not be sweet for the driver, who has already lost his license for three years for refusing a breathalyzer test and faces DUI charges. Now he’s also looking at felony charges for threatening a witness and for forgery.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Law Group’s 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.

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Motorists who know they’ve had too much to drink do the right thing when they call a cab to take them home. But if they get into the wrong cab, they could end up talking to a Los Angeles DUI lawyer, not as a client but as a witness.Wikstrom-DUI

Television station KSBY, which serves California’s central coast, reported in early March that taxi driver Christel Mona Wikstrom is facing DUI charges after smashing into parked vehicles at the Chumash Casino in Santa Ynez Valley. Wikstrom’s taxi, a white Toyota van, damaged three cars. According to police, the cab driver’s blood alcohol content at the time of the incident measured more than twice the legal limit.

Of course, cab drivers are human, and they make mistakes just like everyone else. A Google search reveals multiple incidents of cab drivers in various states arrested for DUI over the past year. Last July, a Bluegrass Taxi driver in Lexington, Kentucky, William Maddox, started talking to police at a convenience store where he had just bought beer. It didn’t take officers long to realize that the cab driver was too impaired to drive.

Ironically, the police had been searching for an hour for this driver after receiving reports of his erratic driving, but they had not been successful in locating him. They might not have even stopped Maddox if he hadn’t approached them and started a conversation. Maddox’s slurred speech and the smell of alcohol that emanated from him alerted the officers to his condition.

Despite these arrests, calling a cab is always a better alternative than attempting to drive when you’ve had too much to drink. California law treats drivers convicted of DUI harshly, with fines, penalties, suspension of driver’s license and sometimes jail time as well.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Law Group 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.

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