los angeles DUI lawyer

April 3, 2015

New Jersey Cop Kills Two Friends in Wrong-Way DUI

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.

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 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.

March 20, 2015

Will You Use Your Smartphone to Avoid Charges of DUI in Los Angeles?

by Michael Kraut

People who have had a drink or two (or three) often don’t realize that they shouldn’t drive because they’re over the legal limit for blood alcohol content. That could change if Uber (the app that connects people needing rides to those willing to offer them) is successful in a new partnership with Breathometer, a startup company featured on the Shark Tank television show last year. The partnership might not eliminate everyone’s need for a Los Angeles DUI attorney, but it could reduce the number of DUI arrests in the city and in others.

Breathometer gives people the ability to check their blood alcohol content. It works through a combination of a smart phone app connected by Bluetooth technology to a device that people breathe into after they’ve been drinking. In less than a minute, people can get their BAC measurements to determine whether or not they’re legally safe to drive.

The partnership between Uber and Breathometer should make it easier for anyone who’s had a little too much to drink to get a ride, because they will be able to call Uber directly from the Breathometer smartphone app. The idea is that people will be less likely to get behind the wheel if they have this quick-call option.
Uber has been claiming that its service is reducing the number of DUI drivers. A joint Uber/Mothers against Drunk Driving study suggests that the availability of Uber as a transportation alternative helped decrease the number of DUI crashes in a city by 60 percent for drivers under 30. But ProPublica, a public interest journalism website, said that while the drop in accidents may correlate with the presence of Uber in a certain city, there’s no proof that Uber is actually the cause of that drop.

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.

March 18, 2015

Better Call the Right Cab If You’re Worried about DUI in Los Angeles

by Michael Kraut

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.

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 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.

March 16, 2015

Suspected DUI Driver Rockets Down Interstate the Wrong Way, Nearly Kills 20 Year Old Woman

by Michael Kraut

Driving under the influence is never the right way to travel, and sometimes that lesson is quite literally true. Even an experienced Los Angeles DUI attorney could have difficulty making a case for someone who decides to drive along an interstate highway while under the influence—especially when that driver is headed in the wrong direction.

According to the Illinois News Gazette, police officers managed to stop 60-year old Michael Jay Nolan from driving west in the eastbound lanes of Interstate 74 in Champaign County. The alleged DUI driver had traveled five miles in the wrong directions, from Ogden to St. Joseph, before a sheriff’s deputy was able to get his pickup truck to stop.

Considering the distance that Nolan covered, it’s fortunate that he forced only two drivers off the road during his wrong-way drive. A 20-year-old woman, Ashley Lurry, ended up in the median after meeting up with Nolan in her Chevrolet Cobalt. She and her passenger received treatment for minor injuries at a nearby hospital.

A Toyota Camry driven by 61-year-old Denise Chestnut landed in a ditch after swerving to avoid a head-on collision with Nolan’s truck. Although her Camry may never be the same—and Chestnut will probably never forget the sight of the headlights coming towards her on an expressway—she wasn’t injured.

Police were able to stop Nolan about 15 minutes after they received the first calls from frantic motorists alerting them to the problem. Nolan received tickets for illegal transportation of alcohol and improper lane usage—not his biggest problems, since the police also charged him with DUI.

One thing that Nolan and the two other drivers did right, however. According to the paper, all of the people involved had buckled up before they hit the road.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

February 28, 2015

Top 10 Dumb Mistakes Made by People Under the Influence of Alcohol

by Michael Kraut

A recent post on our Los Angeles DUI blog, we spoke about how alcohol affects the brain’s ability to care about mistakes. There’s never a shortage of news to justify that finding. Here are ten of the dumbest mistakes people have made while intoxicated:

1. A drunk man in Florida caused a scene and repeatedly called 911 after being told he was not allowed to bring his kitten into a strip club. He was arrested for misuse of 911 and public intoxication.

2. An intoxicated Louisiana man rode his horse into a bar and lassoed a patron, attempting to drag him into the parking lot.

3. Police arrested an inebriated man in Pennsylvania after catching him trying to resuscitate a dead opossum on the side of the highway.

4. Police arrested a man in Cincinnati after he drank too much alcohol, streaked nude though his yard, and somehow ended up in his neighbor’s dryer.

5. Police confronted a visibly intoxicated Floridian man for firing off guns on a public beach dock. During the conversation with the deputy, the man pooped his pants. He was arrested for use of a firearm while intoxicated.

6. A North Carolina man was arrested for drunkenly riding a bicycle while wielding a chainsaw.

7. A drunk Toronto man had to be rescued from his neighbor’s chimney. He climbed in, trying to enter the home, but got stuck and spent 5 hours in the freezing cold.

8. A man was arrested for public intoxication in Minnesota when he tried to make a phone call with a $20 bill, convinced it was his phone.

9. An intoxicated Canadian man was arrested at a Christmas parade for screaming to little kids that Santa isn’t real.

10. An intoxicated man in Minneapolis was arrested for breaking into a home and destroying a toilet, causing almost $2,000 in damage. He was charged with burglary.

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 Criminal & DUI Lawyers today for a complimentary consultation.

February 23, 2015

Research Suggests an Intriguing Reason for Why People Do Stupid Things While DUI in Los Angeles and Elsewhere

by Michael Kraut

One of our recent blog posts covered some strange Los Angeles DUI stories, and today’s tale isn’t any less bizarre. On February 17th, an Australian man presented at a local hospital with a deep chainsaw wound that he had allegedly caused himself.

After accidentally cutting his hand with a chainsaw, Timothy Woodrow stitched the wound at home and doused it in gin before taking a few swigs for the pain. He attempted to drive himself to the hospital while intoxicated. Police pulled him over for neglecting to stop at a stop sign. When they tested Woodrow’s BAC, they found he was significantly over the legal limit and arrested him.

Alcohol and Judgment

What makes strange errors of judgment so frequent with DUI cases?

New research into alcohol’s effect on the brain indicates that the same reaction that causes impaired judgment is also responsible for slowing the brain’s “alarm signal” response. This response alerts other parts of the brain that something is wrong.

Researchers measured participants’ moods, perception, and accuracy while performing computer tasks under the influence. Results showed that the affected participants made little effort to correct or avoid errors. The researchers found that alcohol’s influence on the brain doesn’t actually reduce its ability to recognize mistakes, but instead affects the ability to care about them. Participants in the study simply didn’t feel bothered by the mistakes they knew they were making.

Perhaps this is why people sometimes find themselves apologizing to friends the morning after a night of drinking. This may give some insight into why people insist on driving when they know they’ve had too much to drink. An individual may recognize that driving would be a mistake, but he or she feels confident that “everything will be fine” and gets behind the wheel anyway.

If you made a mistake, and police arrested you for a DUI, seek experienced counsel to respond to your charges. Call a qualified Los Angeles DUI lawyer with the Kraut Criminal & DUI Lawyers today to schedule a free consultation.

February 12, 2015

Super Bowl DUI Arrests Include Former Moesha TV Actor

by Michael Kraut

Los Angeles DUI attorneys continue to review the aftermath of DUI cases from Super Bowl Sunday, which, as we’ve reported in the past, has one of the highest rates of DUI driving in the country. (Other dangerous days, from a DUI point of view, include New Year’s Eve, Valentine’s Day, and St. Patrick’s Day.)

Early in the morning on Feb. 1, police arrested Marcus Paulk for driving under the influence and marijuana possession. Formerly, Paulk performed on Moesha, a television show that aired from 1996-2001. An officer conducted a traffic stop after observing Paulk’s vehicle allegedly driving too close to emergency vehicles parked on the side of the road.

The arresting officer noticed the scent of alcohol and the smell marijuana emanating from the former child star’s pockets. Paulk’s Blood Alcohol Content (BAC) level tested at 0.109% at the time of arrest. He readily admitted to drinking and smoking marijuana before driving.

Many people assume that fame and celebrity encourage positive outcomes in court; however, the truth is that the factors affecting each DUI case are different for everyone. Securing legal advice is the best course of action to evaluate your circumstances.

An officer needs probable cause before stopping you, and you must engage in some sort of traffic violation. Driving erratically or within dangerous proximity to a parked vehicle (Paulk’s case) could lead to a traffic stop. Additionally, failure to make a complete stop or inoperable lights on your vehicle creates suspicion and justifies traffic stops.

When stopped, it is important to remember that all tests administered are voluntary. If you refuse to take an alcohol-screening test, make it clear that you prefer a blood test. On-site breathalyzer and field sobriety test results are unreliable, and they may serve as evidence against you.

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 Criminal & DUI Lawyers today for a complimentary consultation.

January 7, 2015

Actress Jennifer Lopez Survives a Scary Collision with DUI Driver in Malibu – Driver Faces Charges

by Michael Kraut

This blog spills plenty of virtual ink about celebrities arrested for Los Angeles DUI. But celebrities can be victims in DUI crashes as well.

Consider, for instance, the harrowing recent ordeal of Jennifer Lopez, who survived a collision with an allegedly DUI driver in Malibu in September… with her children in the vehicle.

Prosecutors just charged 53-year-old Robert John Reitz, a Las Vegas man, with slamming her Rolls Royce from behind with his pick-up truck at a stoplight. Prosecutors hit him with a variety of counts, including driving nearly two times the limit for DUI in California (0.08% BAC, as defined by California Vehicle Code Section 23152). A conviction could lead to a $1,000 fine as well as six months behind bars. Lopez was not driving the Rolls Royce at the time; Leah Remini, another actress, was behind the wheel.

Although the crash occurred back in September, it took over three months before Reitz’s arraignment.

Lopez’s situation highlights an important aspect of DUI cases that’s rarely discussed, and that’s that DUI cases can take a long time to play out in the courts. That waiting can feel interminable for defendants (and their families).

Especially if you stand accused of complex charges that involve significant property damage or accusations that you hurt another person, your legal “fireworks” could last for months if not longer. Fortunately, you don’t have to go through this alone. To prepare effectively and strategically, call a qualified Los Angeles DUI defense lawyer with the Kraut Criminal & DUI Lawyers today to get insight into your potential options. In addition to having served as a prosecutor of DUI crimes for nearly a decade and a half, Mr. Kraut maintains excellent relationships with diverse stakeholders in the Los Angeles DUI discussion, including prosecutors, judges and police officers.

December 22, 2014

Sore Losers? What You Can Do When Experiencing DUI Blowback

by Michael Kraut

Statistics show that the majority of people who face Los Angeles DUI charges stand a good chance of having those charges dropped. Unfortunately, being declared innocent does not mean that you won’t face consequences. The Kraut Criminal & DUI Lawyers is familiar with “DUI defense blowback” – when some people may resent your legal success — especially among celebrities and authority figures.

DUI defense blowback can be painful and embarrassing. Several exonerated people have been lambasted on social media and in public. For example, Texas judge Nora Longoria was angrily told she should resign and was a “disgrace to the… legal system” after her July 2014 charges were dismissed. These people may also face guilt, anger, and depression.

Victims of DUI defense blowback need not wallow in their circumstances, however. Instead, they can use valuable tips to help deal with the fallout. These include the following:

• Know the facts of the case. Many people are wrongfully convicted of DUI because of faulty sobriety tests or inconclusive blood or urine draws. The law also varies from state to state regarding whether “warrantless search” blood or urine samples are legal. People whose cases involved these circumstances can find peace in the fact that they were not at fault.

• Separate the person from the circumstance. One of the reasons people facing DUI blowback feel depressed is the absorption of the idea, “I was charged with a DUI; therefore, I am a horrible person.” Even people who commit actual DUIs are not horrible people. They are human, and humans make mistakes. Although mistakes have consequences, the person must be separated from the deed itself. Learn to say, “The DUI was a horrible thing I do not want to do again.”

• Ignore the lambasting. People who use abusive language toward such drivers are venting anger and often being judgmental. Allow them to vent, but do not retaliate or argue with them about the circumstances of the case or what “really” happened. Angry people are not likely to listen, and in the end, one’s own perception of self and circumstances matter more.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

December 17, 2014

DUI Charge Against Texas Judge Nora Longoria Dropped

by Michael Kraut

Los Angeles DUI attorneys and pundits have been following the story of Nora Longoria, a judge for the 13th Court of Appeals in Texas, who was charged with a DUI in July 2014. Recently, prosecutors dropped her charges. McAllen police say that Longoria “begged for special treatment” when faced with sobriety tests, but Justice Rolando Cantu threw out the case based on “lack of evidence,” marking “other” as his reasoning on formal paperwork.

Longoria was originally pulled over for driving 69 MPH in a 55 MPH zone, but the arresting officer claimed she “smelled of booze and had slurred speech.” Longoria allegedly admitted she’d had five beers that evening but that she consumed her last one three hours before driving. She allegedly told the officer, “I live a couple miles away… You are going to ruin my life.” Longoria also refused to take a breath test. Social media exploded after Longoria’s DUI charge. People made comments such as, “Resign, you drunk” and “You are a disgrace to the court system, to the legal profession, and the citizens of Texas.”

Despite the angry comments and the evidence presented in court, Longoria eventually beat her DUI charge. Several people, including regular Kraut Criminal & DUI Lawyers blog readers, may be wondering how and why. Our attorneys hypothesize a few possible reasons:

• Lack of a conclusive test. A breath test and other sobriety tests are not generally as conclusive as a blood or urine draw, neither of which Longoria underwent. In fact, some experts believe traditional sobriety tests are “designed to make [people] fail.”

• Unclear video evidence. The prosecution was able to obtain a video allegedly showing the circumstances of Longoria’s DUI arrest. However, the tape’s footage did not clearly show whether her speech had been slurred. Thus, the evidence that she “smelled of booze” essentially consisted of the arresting officer’s opinion.

• Lack of other evidence. Besides the unclear video, the prosecution brought no conclusive evidence against Longoria.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Criminal & DUI Lawyers’ 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.