dui lawyer

October 19, 2016

Do Insurance Rates Always Rise After DUI?

The WalletHub website says that drivers who convicted of a DUI can expect a rate increase of as much as 30 percent on their vehicle insurance. But all drivers who have a DUI in Los Angeles on their driving record may not face that same increase. Different insurance companies handle such infractions differently and consider several factors when making their decisions.

The Consumer Federation of America has released a study saying that one big factor is how rich a driver is. In a study that tested premiums quoted by five large insurers in 10 different cities, the group found that:

•   Upper-income drivers with DUI often pay less than good drivers of moderate means with no accidents or tickets on their driving records. (70 percent of the 30 test cases.)
•   Moderate-income drivers with perfect records pay more than upper-income drivers who caused an accident in which someone was interested. (53 percent of the 38 test cases)
•   Moderate-income good drivers often pay more than upper-income drivers with multiple points on their record. (In more than 50 percent of the 36 cases)

April 22, 2015

Could Drinking Too Little Get You Arrested for a DUI?

by Michael Kraut

Getting caught driving after you’ve had a few too many drinks could land you in jail on a charge of DUI in Los Angeles. But apparently you could also be in trouble, at least as far as your driving abilities, if you drink too few non-alcoholic beverages before you hit the road.

Researchers at England’s Loughborough University found that motorists who were even mildly dehydrated made as many mistakes while driving as those whose blood alcohol content measure over the .08 mark. The study measured the responses of drivers who had only 25 millimeters (about .8 ounces) of water an hour.

Quoted in the British newspaper The Telegraph, Professor Ron Maughan said “There is no question that driving while incapable through drink or drugs increases the risk of accidents, but our findings highlight an unrecognized danger and suggest that drivers should be encouraged to make sure they are properly hydrate.’

According to the Leicester Mercury, too-thirsty drivers made 101 mistakes such as lane drifting, lane braking and touching or crossing lane lines. The number of mistakes went down to 47 when they drank sufficient water, which researchers said is about 6.8 ounces of water per hour.

This was the first study of how dehydration can relate to driving errors and accident risk, according to Maughan, who served as leader of the study and emeritus professor of sport and exercise nutrition at Loughborough University. Other effects of dehydration included impaired mental functioning, changes in mood, and reductions in concentration, alertness and short-term memory. (That does sound a lot like the effects of too much alcohol.)

Do you or a family member need insight from a qualified Los Angeles DUI attorney? Contact Michael Kraut of the Kraut Criminal & DUI Lawyers to set up your free consultation.

March 11, 2015

From Shootings to Los Angeles DUI Arrests, Cops and Witnesses Don’t Always Get It Right

by Michael Kraut

A recent shooting of an unarmed homeless man by members of the Los Angeles Police Department shows why it’s essential that anyone who is arrested for a Los Angeles DUI get good legal representation right away. Police officers can make mistakes, and eyewitnesses don’t always see or hear everything that really happened.

Nobody disputes the basic facts of a recent Los Angeles shooting. On March 1, a homeless man (later identified by the nickname of Africa) was killed during a struggle with four police officers. The man was on the ground when the shots were fired.

The police department said that the officers had already tried to subdue the man with a taser, and it hadn’t worked. Then the man had grabbed a gun from one of the officers during the arrest, and that’s when the other officers opened fire. The eyewitness claimed that he didn’t see that grab and questioned the cops’ decision to shoot an unarmed man who was already tased and on the ground.

But the whole incident was caught on a nearby surveillance camera, and CNN had a forensic expert look at the footage in slow motion. His analysis suggests that the man did indeed reach for the gun. Surveillance footage also showed that the man had been involved in a violent struggle with another homeless person earlier in the day.

So what really happened that day? Different people on the scene–all believing that they are telling the truth–will give you varying answers. It’s going to take a while to sort it all out.

The same thing can happen when somebody is arrested for DUI. No matter what the police and other bystanders think they saw, the truth may be something different–and it’s a good idea to have someone who understands all the legal ramifications available to help.

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 Criminal & DUI Lawyers understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

March 9, 2015

Alabama Man Loses Leg after Accident Involving Driver Charged with DUI

by Michael Kraut

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.

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 Criminal & DUI Lawyers to set up your free consultation.

February 20, 2015

What Happens After a Los Angeles DUI: The Long-term Picture

by Michael Kraut

Los Angeles DUI attorneys completely understand the long-term impact of a DUI conviction. Every case and every individual faces different repercussions. One person may bounce back from a conviction with help from a supportive community. Others face being ostracized and having difficulty finding work and building meaningful relationships.

Long-term consequences include:

• Employment difficulties. Any convictions appear in background checks, and they may preclude you from obtaining gainful employment. DUI convictions, in particular, can immediately disqualify an individual from the hiring process. Fighting a conviction with a full-time job means missing work for court dates and addressing other legal hurdles.

• Increased financial burden. DUI sentencing normally includes some form of pecuniary obligation. Lawyer fees, court fees, sentencing fines, and increased auto insurance costs affect individuals who are convicted in the short- and long-term. Insurance companies place those convicted of DUIs in high risk categories with high rates for years into the future.

• Inability to drive. Driver’s license revocations make completing daily tasks more difficult for anyone who does not live near public transportation. You may have to rely on others for social and work transportation. This consequence often carries over into other areas of life, causing frustration and other emotional challenges.

• Difficulty maintaining relationships. A DUI conviction can forever change both personal and professional relationships. Your professional reputation may suffer, and relationships with colleagues and superiors may change. You may experience incessant worry from friends and relatives. Relationship challenges may arise even without a conviction. The emotional burden of a conviction can potentially cause you to feel judgment and insecurity, even in supportive relationships.

You may lose trust with friends, employers, and family members. Some people face the full extent of social and economic consequences after a conviction, making it easier to become a repeat offender and perpetuate the cycle.

To respond effectively to your charges, call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

July 3, 2014

Woman Arrested for DUI; Drags Cop by Her Car into Telephone Pole

by Michael Kraut

Fortunately for police, most Los Angeles DUI arrests are not dramatic and do not threaten the life and limb of the people involved in the process.

That’s not always the case.

For a spectacular example, we turn our sites to Atlanta, Georgia, where on Monday, a local woman named Anna Dittmer was involved in a catastrophic, freakish accident that sent a police officer to the hospital and left Ms. Dittmer with plate full of criminal charges.

Local officers said they saw her vehicle stopped next to some railroad tracks in the Northwest section of Atlanta. They had reason to believe she was impaired, so two officers approached her. Meanwhile, a train approached at that very moment and blew a warning sign, which woke Dittmer up. She allegedly saw the police come for her and tried to hightail it out of there.

Officer Kevin Thigpen reached in to try to stop her, but she took off and dragged him along with her car and then smashed into a telephone pole. Fortunately, Thigpen survived, but he did suffer abrasions and lacerations over all his body as well as a broken left hand. Medics treated him at Grady Memorial Hospital in Atlanta.

Other officers, meanwhile, arrested Dittmer on a laundry list of charge, including: reckless driving, driving on a suspended license, possessing methamphetamines, felony obstruction, aggravated assault, giving a false name to police officers, causing a serious injury with a motor vehicle, and drug DUI.

Prior to the incident, police had a warrant out for her arrest on possession of dangerous drugs.

The whole situation is obviously very sad and disturbing. Just a charge of hurting someone while DUI can elevate a standard misdemeanor (per California Vehicle Code Section 23152) to a much more serious felony charge (per California Vehicle Code Section 23153).

And if you hurt a police officer, drove on a suspended license, or did any of the other crazy things that this Atlanta woman allegedly did, your charges can be more intense, and your defense can become more complicated.

No matter what charges you face, you can turn to the team here at the Kraut Criminal & DUI Lawyers for effective, fair and responsible Los Angeles DUI defense help. Call or email us now for assistance.
Continue reading