los angeles dui attorney

August 21, 2015

After Your Los Angeles DUI: The Biggest Hangover of Your Life?

Whether police arrested you for a Los Angeles DUI after you veered across three lanes on the 101 on early Saturday morning, after partying hard with WB execs, or you lost your composure (and your balance) at a DUI check point, you’re still reeling from what happened and confused about how to proceed.

In the past, our blog has spilled a lot of virtual ink re: the actual laws involved in DUI arrests (e.g. California Vehicle Code sections 23152 and 23153), discussed common misconceptions about breathalyzer tests and blood tests, and examined the Constitutionality of certain police actions.

However, the tactical nuts and bolts of DUI defense don’t mean as much if you don’t take effective action. In less than a week and a half after your stop, if you do nothing, you could lose your license automatically for an extended period of time. This in turn could make it nearly impossible for you to get to work or school, drive your kids to daycare, and so forth.

Plus, the more time that goes by after your arrest without your taking action, the more challenging it will be to collect evidence that might exonerate you or show that the police engaged in misconduct or inappropriate testing.

So why don’t people automatically “get into gear” after a stop? The answer may have to do with the psychology of regret.

When we engage in activities that we later realize were outside of our values, our minds struggle to process those events and square them with our internal narratives. For instance, if you consider yourself a “law abiding citizen,” but then you get busted for swearing at a police officer and hitting three parked cars on Highland Avenue, your brain must somehow figure out how a “law abiding citizen” ended up in so much trouble.

One response is to pretend that the DUI didn’t happen. This reaction can be psychologically useful, but it can also torpedo your chances for freedom. If you’ve been lulled into inaction after your stop, now is the time to act. Contact a qualified Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers to set up your free consultation.

August 19, 2015

DUI Is Least of Naked Driver’s Problems

by Michael Kraut

Excessive drinking can reduce inhibitions, so when police officers pick someone up for a Los Angeles DUI, they probably aren’t too surprised if they find the suspect has shed a few items of clothing along the way. But police officers in Waukesha, Wisconsin, were startled when they finally caught up with a DUI suspect after a high-speed chase and found that he had taken everything off.
According to TV station Fox 6, Leif Erickson crashed through a chain link fence enclosing a parking lot on the night of August 11th. Unfortunately for him, two police officers had parked their squad cars on the lot, and Erickson hit one of them. The 21-year-old Erickson ignored the officers’ commands to stop, backed out of the fence and took off, hitting speeds up 70 mph. He ran stop signs and hit curbs repeatedly as he attempted to evade police.

Erickson did brake hard for one stoplight, which sent his vehicle into a 180-degree spin. An officer attempted to stop him, but Erickson accelerated towards him and his squad car. The chase continued, this time reaching speeds up to 90 mph, before Erickson took a turn too fast, flipped the car and went airborne. He managed to climb out of his car, however, and that’s when the police discovered he was nude. They managed to subdue him after shooting him with a bean bag round (instead of deadlier bullets).

Police charged Erickson with a first offense of operating while intoxicated, since he admitted to them he had taken two hits of acid a few hours before. But he’s also looking at more serious charges. They include three felony counts of reckless endangerment, one count of hit and run causing injury, one count of fleeing and eluding and one count of felony heroin possession.

Yikes.

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.

August 17, 2015

Loophole Allows House Arrest For Repeat DUI Offender

by Michael Kraut

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.

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.

August 10, 2015

Driver On DUI Probation Causes Fatal Crash

by Michael Kraut

Some people never seem to learn, no matter how many times they suffer the consequences of an arrest for a DUI in Los Angeles. Even as they’re paying the penalty for one DUI offense, they’re committing another.

Christopher Thomas Nash of Hesperia, California, may finally understand the consequences of driving while intoxicated. But that realization comes too late for 27-year-old Andrea Anderson, who died as a result of an accident that Nash allegedly caused.

The 31-year-old man was driving his white GMC truck south on Armagosa Road around 4:30 in the morning of July 30th when he crossed the double line and drove into oncoming traffic. The truck hit the red Kia Forte driven by Anderson, who suffered fatal injuries. Paramedics pronounced Anderson, who was an only child, dead at the scene.

The accident, which demolished the front end of the Kia, trapped Nash in his car. Emergency workers had to extricate him before a helicopter airlifted him to Loma Linda Medical Center. Police had to shut down traffic in the area for several hours while they investigated.

Witnesses who stopped to assist after the crash reported that Nash appeared to be out of it and that he smelled strongly of alcohol. They also said that they spotted a beer bottle among the wreckage.

The court had placed Nash on probation after his conviction on misdemeanor DUI charges stemming from incidents in April and July of 2014. He had actually gone to court in May 2015 to request modification of his probation on those charges. (Apparently the court didn’t grant that request.)

Police have charged Nash with vehicular manslaughter while intoxicated. Since he can’t make bail of $250,000, he’s staying put in the West Valley Detention Center at present. He could face fines of up to $10,000 and/or four to six years in jail if convicted.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers 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.

August 5, 2015

Police Don’t Play Around With DUI Arrests

by Michael Kraut

When police officers arrest high-profile sports figures for DUI, it always makes the news, whether the charges involve a DUI in Los Angeles or in some small Midwest town.

A California Highway Patrol officer picked up Denver Nuggets point guard Ty Lawson on July 14th. Lawson, who was driving his white Mercedes north on the 101 freeway, displayed signs of intoxication, according to police reports. The cop booked Lawson into Los Angeles County Jail after charging him with DUI. This is Lawson’s second arrest for DUI in 2015 and the fourth during his professional football career.

Jack Trudeau, who played quarterback for the Indianapolis Colts from 1986 until 1993, faces charges of operating while intoxicated. Police in Zionsville, Indiana, picked him up on Sunday, July 26th, and measured his blood alcohol content a .31—almost four times the legal limit.

Police charged Marco Pappa, a midfielder for the Seattle Sounders soccer team, with suspicion of DUI and speeding after pulling him over in the early morning hours of Sunday, July 20th. Pappa had to take a playing time out; Major League Soccer bans players arrested for DUI from taking part in any matches until the league completes a substance abuse and behavioral health assessment.

National Hockey League star Ryan O’Reilly may win the prize for the most noticeable spots DUI arrest in July. He crashed a 1951 vintage Chevrolet truck into the Tim Horton’s in Lucan, a township in Ontario, Canada. O’Reilly drove off, but police officers located his vehicle through the assistance of witnesses. Police charged him with impaired driving and leaving the scene of an accident.

At least one sports figure managed to avoid a conviction on a DUI charge, however. Tim Jennings, a Chicago Bear player, pleaded guilty to reckless driving and speeding charges in a January 7th incident. As part of the plea deal, prosecutors dropped the DUI charges against him.

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.

June 12, 2015

Good Work Ethic, Poor Judgment

by Michael Kraut

You’ve got to admire people who try to do their jobs in the face of all difficulties. That’s especially true when it comes to bus drivers and trash collectors, who provide services that we all rely on. But there is a point when it may be better to take the day off–when you’re at risk of getting charged with a DUI in Los Angeles, for example. Unfortunately, the two gentlemen featured below didn’t stay home and out of trouble when they had too much to drink but instead reported for work as usual.

50-year-old Joe David Stanley allegedly had been driving a school bus in Fort Worth, Texas, at about 1 a.m. in the morning of June 1st, when he ended up stuck in the mud in a highway median. Fortunately, he was not carrying school children at the time; the company he works for, which provides transportation for Joshua Independent School District, also contracts out for special events. (Reports say that Stanley was supposed to provide transportation for a wedding party.)

Cops called to the scene smelled alcohol on Stanley, and they ended up tagging him for DUI.

Next, consider the parallel situation of 45-year-old Johnny Gentry, who showed up early one morning in June for his job as a trash collector in Scott County, Kentucky. That go-getting behavior would be commendable, except reports say that Gentry had been overindulging in alcohol. About two hours into the workday, he hit a retaining wall with the garbage truck, then overcorrected, turning the truck over into someone’s yard. Cops called to the scene measured Gentry’s blood alcohol content at three times the legal limit, earning him some time off–in jail on a charge of DUI.

How should you respond to your recent and disarming charges? Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience.

June 8, 2015

Victim Corrals DUI Driver

by Michael Kraut

If you were to see someone driving erratically down a street in your neighborhood, hitting other cars, what would you do? For most people, the instinct would be to get out of the way; they would want to avoid getting in the path of a DUI driver or in the path of anyone who appeared so out of control that they might face arrest for a DUI in Los Angeles.

But Californian Kevin Johnson is made of sterner stuff. When Johnson felt the safety of his neighbors was at risk, he took action to ensure that an alleged DUI driver couldn’t stay on the road.

The unidentified driver of a green SUV was causing damage in Bay Terraces in San Diego around 8:30 p.m. on the night of May 31st. According to TV news reports, the man was swerving all over the road and finally crashed into a fire hydrant and then several parked cars. But that didn’t faze him–he tried to keep going.

Johnson’s black Nissan Altima was one of the cars hit–and Johnson was in it. He decided enough was enough and blocked the road with his damaged vehicle so the suspect couldn’t flee.

Despite Johnson’s efforts to talk the driver out of his car, the man continued to try to leave the neighborhood, hitting Johnson’s Altima several more times on purpose. Eventually the DUI driver gave up. Johnson, who has three kids, said his main concern was for the safety of his neighbors.

When police arrived they found the driver had several liquor bottles, pot and even a machete in his vehicle. They arrested him on suspicion of DUI.

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.

May 20, 2015

Stairs More Deadly Than Motor Vehicles?

by Michael Kraut

Most people understand that someone who meets the criteria for a DUI in Los Angeles has a good chance of getting hurt if he or she gets behind the wheel. But people in Wisconsin–and perhaps in other states as well–are more likely to get hurt from falls when they’re under the influence than from driving a motor vehicle.

According to an article in the Madison, Wisconsin, Capital Times, officials recorded 349 deaths in Wisconsin from alcohol-related falls in 2012 (the latest year for which figures are available). Meanwhile, they recorded only 223 alcohol-related traffic deaths that same year. The Wisconsin Alcohol Policy Project (part of the University of Wisconsin Law School) gathered the data for this report.

The newspaper story notes that DUI-related fatalities in Wisconsin have declined significantly since 1979, when 593 people were killed in such crashes. By 2013, yearly fatalities had decreased to 185. Fatal falls related to alcohol, on the other hand, have increased by 36 percent since 2004.

The Wisconsin Alcohol Policy Project links this increase to the aging of Wisconsin’s population. Older people have continued to drink, even as they become less steady on their feet and/or take medications that make them more susceptible to alcohol’s effects.

There is one positive aspect to this development. Unlike DUI drivers, who can kill or severely injure several other people when they’re out on the road, someone who falls because they are intoxicated usually injures only themselves.

A recent study in the American Journal of Public Health identified Wisconsin as the hardest-drinking state in the country. In 2011, the annual alcohol consumption in the Badger State was 634 drinks per person for those over the age of 14. That compared to an average 468 drinks per person in the U.S.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Criminal & DUI Lawyers is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

December 3, 2014

Yes, You Can Get a DUI in Los Angeles, Even If You’re Driving a Bizarre Vehicle

by Michael Kraut

The diverse circumstances in which people get arrested for driving under the influence in Los Angeles (and other places) never cease to surprise.

A few years ago, we blogged about a spate of lawnmower DUIs that defied common sense – and earned more than a few snickers from the peanut gallery in places like Reddit.

Snide comments about lawnmower DUIs aside, it’s useful to understand that California DUI law can be applied to broad and unusual circumstances. Consider, for instance, the legal situation facing 41-year-old Criss E. Gruber, who stands accused of multiple charges, including violating light regulations and bicycle DUI, after he crashed a few weeks ago in the town of Enola.

Fortunately, no one got seriously hurt in the crash, although Gruber himself got banged up when he hit a road construction sign on Route 11/15 on November 16th. Investigators believe that he hit the sign because he lacked safety lighting on his bicycle. Blood alcohol tests revealed that he had a 0.16% blood alcohol concentration. For those of you who are keeping score, that’s twice the legal limit for DUI, per California’s Vehicle Code Section 23152.

Bicycling with DUI can be tragically dangerous for many reasons – some obvious, some not so obvious:

• When you’re under the influence of alcohol (or fatigued or angry or distracted by a cellphone), your timing gets worse. In other words, you are less likely to brake in time to avoid accidents or swerve to avoid hazards, etc.

• When people with certain personalities drink, they tend to be more likely to take risks, such as driving without a helmet or driving on a busy surface street or freeway;

• Bicycles are already at a mechanical disadvantage on the road. While everyone who uses the roads should be vigilant, bicyclists and motorcyclists need to be particularly vigilant because of the extra risks caused by the mechanical disadvantage.

If you caused an accident while DUI on your bike, you can face a slew of very serious criminal penalties, including felony charges.

No matter what happened to you or what charges you face, a qualified Los Angeles DUI defense attorney with the Kraut Criminal & DUI Lawyers can assist you with constructing an appropriate, sensible and meticulous defense. Contact attorney Kraut today to schedule a free consultation.

October 6, 2014

Not a Good Idea After a Los Angeles DUI Arrest: Having Sex in the Cop Car While Being Driven to Jail

by Michael Kraut

Imagine in your mind the worst things you could do after being arrested for driving under the influence in Los Angeles.

You could, for instance, assault the police officer, make self incriminating comments after hearing your Miranda’s Rights, or commit sundry other crimes, offenses and misjudgments. But it is pretty hard to top what a 33-year old man and 29-year old woman from Oconto County, Wisconsin allegedly did last week.

Heather Basten and Travis Husnik allegedly started having sexual intercourse in the back of a police car while being driven to jail after a DUI stop and arrest. County Circuit Court Judge Riley later wryly noted: “what do I sentence a guy who had sex in a squad car to?” The judge later charged Husnik and Basten with lewd and lascivious behavior and disorderly conduct. The arresting officer apparently forced Husnik to get out of the backseat and sit in the front seat next to him, so he and Basten wouldn’t paw at each other during the ride.

Unfortunately, as we’ve discussed again and again and again on this blog, people arrested for driving under the influence often do silly or dumb things after the fact that create extra hassles and legal complications for themselves. In more serious cases, for instance, a DUI driver might leave the scene of an injury accident and wind up with a felony hit and run charges to go hand in hand with a felony DUI injury charge.

So what can you do to manage your crisis?

First: call an experienced and qualified Los Angeles DUI criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a widely respected former prosecutor who maintains excellent relationships with his former prosecutorial colleagues as well as with police officers and judges in Los Angeles. Please contact him today for a free consultation.