Articles Tagged with DUI in los angeles

When California residents voted to permit the use of recreational marijuana last November, the state became one of eight U.S. jurisdictions (along with Washington, Oregon, Nevada, Colorado, Alaska, Hawaii, Maine, Massachusetts and the District of Columbia) to permit the practice. An additional 20 states have laws allowing marijuana use for medicinal purposes.marijuana-DUI-science-los-angeles

While the new marijuana laws may offer some relief to people suffering from painful illnesses—and provide a popular alternative to alcohol for those who want to party or simply relax— they are posing a real dilemma for law enforcement officials charged with keeping DUI drivers off the road. The problem? At present there is no widely accepted test or measurement that defines whether a person is too intoxicated by marijuana to drive safely.

Major differences between marijuana and alcohol

Intoxicated drivers often make bad decisions that draw police officers’ attention and leave the drivers vulnerable to arrest on a charge of DUI in Los Angeles. But California drivers aren’t the only ones making mistakes, as these arrest stories from around the country clearly demonstrate.shocking-los-angeles-DUI-stories

In Madison, Wisconsin, a 42-year-old woman decided that she was in the mood for a beer. Only problem was she opened the can while sitting in a car and right in front of the officer who had pulled her over on suspicion of DUI. When the woman refused to get out of the car and continued drinking, the officer had to call reinforcements to pry the unidentified driver out of her car. She faces charges of reckless driving and driving while intoxicated.

In Connecticut, two people were driving their vehicles with flat tires and probably hoping that police didn’t notice. Police in South Windsor arrested 33-year-old Eric Schneider after they received reports that a vehicle in the area was riding on a bare rim. Schneider had apparently been traveling with a flat for so long that he wore the tire away. He’s facing DUI charges.

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For some people, one charge of DUI in Los Angeles is enough to make them resolve they will never again drive under the influence. They never want to go through the humiliating experience of arrest, a bond hearing and a court trial again. There are others, however, who never seem to get the message no matter how many times they go to court, pay fines or spend time in jail. los-angeles-dui-repeat-offenses

KDVR in Denver reports on one Colorado man who has somehow escaped jail time despite the fact that he’s had seven DUI arrests and five convictions. Albert Torres’ most recent DUI arrest came last November, when he ran a red light and nearly hit a police car. In July, a judge accepted the 45-year-old’s plea deal, which will require him to serve a year on work release and three years’ probation.

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The arrest of one person for DUI in Los Angeles usually affects several people: the driver, his/her family and his/her coworkers (if the driver ends up spending time in jail).  If the driver causes injury or death, the victim’s family also feels the pain. But a single DUI arrest generally does not impact the entire city or state.okinawa-DUI-losangeles

On the island of Okinawa, Japan, however, an American sailor’s arrest is having a very large effect on the 19,000 U.S. military personnel stationed there. According to the New York Times, Japanese police are holding Petty Officer Aimee Mejia, age 21, on suspicion of driving while intoxicated. Mejia allegedly crossed the center line of a highway on the island and struck two other vehicles, hurting a 35-year-old woman and a 30-year-old man.

As a result of the DUI incident, which occurred on June 4th, the U.S. military brass have banned all drinking for its service members in Japan and have confined those on Okinawa to base.

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Under California law, drivers charged with DUI in Los Angeles have the right to demand a jury trial. That’s not the case in every state. In a May 12th ruling, the New Jersey Supreme Court said that defendants facing trial for repeat DUI driving charges should not be entitled to jury trials.NJ-supreme-court-los-angeles-DUI

According to an article in the New Jersey Law Journal, the New Jersey Supreme Court justices decided 5-1 in State v. Denelsbeck that the penalties faced by drivers charged with third and subsequent DUIs face penalties are not serious enough to warrant jury trials. Those penalties include up to six months in jail as well as fines. The court stated that “the need for a jury trial is outweighed by the state’s interest in promoting efficiency through non-jury trials.”

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Drivers who appeal their conviction for DUI in Los Angeles always hope that an appeals court will rule in their favor. A Nebraska driver had that wish come true—only to have the state’s Supreme Court overrule the appeals court, so his conviction still stands.Nebraska Supreme Court DUI case

The Lincoln Journal Star reported on the case of 27-year old Adam Woldt, arrested for DUI in September 2013. A police officer had pulled over a truck that was traveling in front of Woldt’s vehicle, because the officer thought that truck had knocked over some traffic cones. Woldt said that the truck and the police vehicle, with its door open, were blocking the road, so he started backing up in order to drive around the two stopped vehicles.

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People charged with DUI in Los Angeles come from many different professions, including schoolteachers, college professors, principals and other educators. Since the public usually holds educators to a higher standard of behavior–they are supposed to be role models for our children–their arrests for DUI generally get a fair amount of coverage in local media.
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In Meriden, Connecticut, Platt High School Principal Robert Montemurro took sick leave after news of his arrest for DUI hit the news. The 56-year-old Montemurro had been involved in an accident on the main street of town. Police arrived, investigated and charged the principal with DUI.

Matthew B. Lucchini, 26, a Phys ed instructor at a Chicago, Illinois, elementary school, faces more serious charges. He hit sisters Jazmine Oquendo, 14, and Ava Oquendo, 7, while they were walking in a marked crosswalk. He fled the scene with the sisters lying in the road. But police soon caught up with Lucchini and charged him with DUI, leaving the scene of an accident and negligent driving.

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Christopher Blair Gish, arrested three times for DUI in Pennsylvania, should be glad that he doesn’t live in California. If courts convict someone of a third DUI in Los Angeles, that offender is looking at a minimum of 120 days in jail. But the 39-year old Gish managed to avoid Pennsylvania’s minimum penalty of 90 days in jail thanks to a now-closed loophole in the state’s DUI laws.Pennsylvania-Governor-Tom-Wolf-DUI-law

Citizensvoice.com reports that police picked Gish up for DUI three separate times in an 11-day period during August and September 2014. If that happened in Pennsylvania today, as a three-time DUI offender, Gish could be looking at up to 10 years in prison. But Gish’s arrests came during a time when police could not charge drivers previously arrested on a DUI—but not yet convicted and sentenced—of a second or third offense. The officers could only charge them as if each incident was a first offense.
In the meantime, however, the Pennsylvania legislature passed a new law eliminating the repeat-offender loophole, and Pennsylvania Governor Tom Wolf signed it into law on October 2014.

In January 2015, Gish, a resident of Dickson City in northeast Pennsylvania, pleaded guilty to all three DUI charges. A judge sentenced him to 18 months of court supervision and six months of house arrest. But after a local newspaper carried a story about the case, the local district attorney asked the judge to reconsider Gish’s sentencing and apply the harsher penalties. Gish then withdrew his guilty plea.

In August 2015, a judge found Gish guilty of the charges but concluded that the original sentencing should apply since Gish had committed the DUI offenses before the new law took effect. Since Gish had already served the six months house arrest, he’s now free. But he will have to wear an alcohol-monitoring anklet, avoid drinking alcohol and attend 90 AA meetings in 90 days.

What 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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People involved in Los Angeles DUI cases–and in DUI cases across the country–often allege that the cops who have charged them have lied about the evidence that was used against them. Whether that’s true or not, drivers in Utah won’t be getting the chance to collectively make their case against one former state trooper.Lisa-Steed-DUI-case

The Utah case involves former Highway Patrol Officer Lisa Steed, honored in 2007 as the State Trooper of the Year but later fired after two judges found that she had lied in court and falsified reports in her DUI arrests. Steed made more than 1,000 such arrests in the course of her 10-year career with the department.

In December 2012, attorneys for three Utah motorists proposed a class action suit against Steed and the Utah Highway Patrol. They argued that Steed’s improper behavior had harmed hundreds or even thousands of drivers arrested for DUI, and that those drivers should be allowed to band together to sue her and UHP.

But Second District Court Judge Michael Allphin ruled in April that the circumstances of each DUI case were too unique to allow everyone arrested by Steed to become part of a single lawsuit. According to KSL.com, the judge wrote in his decision that “The proposed class members’ traffic stops occurred over a period of several years, at various locations, at different times of the day, and for differing reasons. These differences must be considered when determining whether reasonable suspicion and probable cause existed under the totality of circumstances of each traffic stop.”

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.

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You’d think that police officers charged with enforcing DUI laws would learn a lesson if they got themselves arrested for a DUI in Los Angeles or some other jurisdiction. But that that wasn’t the case for Pedro Abad, Jr., age 27, a six-year veteran of the Linden police department in New Jersey. He already had two DUI arrests on his record when he got behind the wheel after partying with friends on March 20th.cop-fatal-dui-los-angeles

According to press reports, Abad and three friends—Linden police officers Frank Viggiano and Patrik Kudlak,, and Joseph Rodriguez, all 28 years old—were traveling in Abad’s Honda after spending several hours at strip clubs in New Jersey and Staten Island. (Newday said that several hours before the crash Abad had posted on Instagram a photo of three shot glasses filled with “Jack Daniels fire on the house.”)

Shortly before 5 a.m., Abad apparently drove the wrong way on a service road and then continued in the wrong direction on the West Shore Expressway on Staten Island. One 18-wheeler managed to avoid colliding with the vehicle, but another wasn’t able to move out of the way in time and hit Abad’s Honda head on. Viggiano and Rodriguez were killed, and Abad and his remaining passenger were admitted to the hospital in critical condition.

Abad had two arrests for DUI on his record. In January 2011, he put his car through a supermarket building in Roselle, New Jersey. The case never came to trial because Abad’s attorney said the police had not sent him information that he requested. Thirteen months later—in an incident caught on police recording equipment—Abad failed a roadside sobriety test when pulled over. After that incident, the state suspended his driver’s license for seven months and required him to use an ignition interlock device for four months.

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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