Articles Tagged with los angeles DUI lawyer

Breath, blood and urine–law enforcement officials use a variety of tests to determine if they should charge a driver with DUI. Here’s a look at the science behind the various types of tests and what you should know about the pros and cons of each in the event that police arrest you for driving under the influence.


School Testing

Measuring your breath

A conviction for DUI can shatter your life. You may have spent some time in jail. You could be facing thousands of dollars in fines. You may have to go DUI classes. You can lose your license; and even after you get it back, you may face the embarrassment of having an ignition interlock device installed in your car. The incident can take away not only your self-respect but also the respect of your family, your friends and your work colleagues.comeback-after-a-DUI-conviction-300x169

So how do you get past a DUI conviction? What can you do to rebuild your life and get it back on track? You might want to extract insight–not from the experts—but rather from people who have lived this experience and who really understand what true recovery is going to take.

Life After DUI: Attempting to Start Over without Really Starting Over

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

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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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.losangeles-DUI-charges-thrown-out

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.

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Avoiding prosecution for a DUI in Los Angeles usually requires the skills of an experienced attorney. In Hawaii, however, it appears that all you have to do is live in the right jurisdiction to have a good chance of getting a DUI charge thrown out of court or at least stalled in the system.los-angeles-DUI-hawaii-2

An investigative report by Honolulu’s KHON2 television station found that courts on the island of Oahu throw out more than one in every four–almost one in every three–DUI cases because the police witnesses don’t show up or because the prosecutors or defense lawyers take too long to prepare for the trial.

Some of the problem apparently stems from the way that the Honolulu Police Department handle DUI cases; three, four or more officers need to show up as witnesses when the case goes to trial. With officers already stretched thin with other responsibilities, the odds are good that one or more won’t be able to make it to court when lawyers repeatedly request trial postponements. (The Honolulu Police Department says it is reworking its procedures and doing additional training so that fewer officers will have to appear as witnesses in each DUI case.)

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Have you ever noticed how high-profile DUI arrests seem to come in spates? You’ll read nothing about celebrity DUI in Los Angeles for a few months, and then police arrest a number of stars and/or elected officials within a week or two.vince-young-dui-arres

On January 22, police in Austin, Texas, picked up former Tennessee Titans and Philadelphia Eagle quarterback Vince Young for driving under the influence. Young allegedly was speeding and drifting between lanes when officers pulled him over. The arresting officer said that the sports star was slurring his words, had glassy eyes, smelled of alcohol and was swaying as he walked.

Young apologized on his Facebook page after the charge against him–a single misdemeanor count of DUI–became public. So far his current employer, the University of Texas, has opted to keep him on the job.

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Note to drivers who want to overindulge and drive anyway: If you are trying to avoid getting nabbed on a Los Angeles DUI charge, make sure that all the important parts of your vehicle are intact before you head down the road. If police spot you driving a vehicle without some vital part—like, say, front tires(!!)—they just may get suspicious and pull you

To wit, Fox 32 in Chicago recently reported about the arrest of Marco A. Nieves, who hails from the northwest side of the Windy City. A police officer in the suburb of Riverside spotted Nieves around 4 a.m. on the morning of November 29th. Nieve’s car had heavy front-end damage and was missing the two front tires. Although Nieves allegedly had been traveling slowly, the metal rims of the car were throwing sparks.

When the officer pulled Nieves over, the 46-year-old reported, in slurred speech, that he had been in an accident. Blood on his shirt seemed to confirm the story. Police, noting his glassy eyes and the strong smell of alcohol on his breath, gave him several field sobriety tests, which he allegedly failed. Nieves refused to take a breathalyzer test, however.

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The City of Angels attracts a fair number of celebrities who party too hard and end up facing charges of DUI in Los Angeles. The most recent case was Michael Weatherly, a longtime actor on the television show NCIS. He spent 15 hours in jail in early November after police pulled him over for speeding. Since Weatherly’s reported blood alcohol content measured above the legal limit of .08, he is now looking at two counts of DUI. Since Weatherly is a first-time offender, however, he’s not likely to face jail time.Michael Weatherly DUI

Let’s also quickly survey two big out of state celebrity DUI cases.

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Garrison Keillor of Prairie Home Companion famously quipped about the town of Lake Wobegon, “where all the women are strong, all the men are good-looking, and all the children are above average.”no-two-duis-in-los-angeles-alike

This notion – that we all think that we are special – has pretty profound implications for your Los Angeles DUI defense.

Obviously, no two DUIs are exactly alike, and many factors might particularly distinguish your arrest from the pack. But rather than think that you are a unique defendant, it might help to take the opposite approach – to begin with the assumption that your case is standard.

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According to the U.S. Centers for Disease Controls, almost 30 people the U.S. die every day due to crashes that involve alcohol-impaired drivers. That works out to one death every 51 minutes. If you narrow the statistics down to cases of DUI in Los Angeles and other areas of California, 29 percent of the state’s 867 fatal car crashes in 2013 involved a DUI driver.los-angeles-DUI-statistics-and-stories

Online news sources carry reports of deadly DUI accidents every day. They serve as a sad reminder of the real cost of people driving while intoxicated:

• A woman in Queens, New York, lost her entire family in a crash on August 23rd. As Lucie Bouaz-Ostane watched in horror, her husband, eight-year-old son and four-year-old daughter died when fire engulfed their vehicle. Bouaz-Ostane had freed herself but wasn’t able to rescue any of her family members. Oniel Sharpe, a 24-year-old man, had rear-ended their car and then sped away from the scene.

• In San Diego, Antony Schoenele, age 20, had drunk alcohol, smoked marijuana and consumed cocaine before getting behind the wheel. Guadalupe Amado and Lizette Garcia, both in their early 20s, were passengers. Schoenele ended up driving off Friars Road near the Pacific Highway overpass, struck a curb and went airborne. His vehicle hit a pillar and caught fire; then Schoenele climbed over one of his passengers to escape. Prosecutors charged him with gross vehicular manslaughter and held his arraignment hearing at his hospital bed in UC San Diego Medical Center.

• In Western Pennsylvania, firefighter Mathew Poston admitted to drinking four or five beers and at least one tequila shot before driving off with his colleague, 33-year-old Gary Moore. The two never made it to their destination, because Poston stuck a guard rale and a utility pole. Moore, an 18-year veteran of the Yukon Fire Department, died at the accident scene.

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

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