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

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.

If police stopped you for Los Angeles DUI, you may be worried and anxious. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

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

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 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.

Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Outrageous Mug Shots: Part 2 — More Crazy Mug Shot Analysis from the Los Angeles DUI Community

Even Los Angeles DUI attorneys appreciate the comic relief of a funny mug shot. Mug shots have a history of use dating back to the 19th century for record keeping, identification, and investigation purposes. Most mug shots appear benign. Occasionally, however, we come across some doozies. Below we’ve detailed some of our favorites:

•    Heavy heads. A Texan man required assistance keeping his head upright for his mugshot. The photograph depicts Sean Carl Payne with a wide-eyed expression as law enforcement personnel hold him upright to get a clear picture of his face. He faced public intoxication charges after a night out on the town. The Houston Press detailed the incident with an equation, “too many mugs, too many shots = a mugshot requiring assistance.”

•    Thumbs up. Michelle Watson, a young Arizona woman, smiles and gives two thumbs up to the camera for her mugshot. Watson faced charges in 2011 for DUI, aggravated assault of a law enforcement officer, and resisting arrest. She appears strangely proud of her accomplishments.

•    Happy Birthday in poor taste. On Scott Disick’s (Courtney Kardashian’s long-time partner) 31st birthday, Khloe Kardashian posted pictures of his and her mugshot from past DUI charges online. Both appear disheveled in their mugshots, and the posting received public backlash for making fun of a serious matter.

•    Too much of a head tilt. Photographers will tell you to tilt your head slightly for a more flattering picture. Erica Garcia tilted her head a little too much. Her off-center mugshot features her head leaning over to one side with her mouth open, as though she’s in the middle of a conversation. She faced felony DUI charges after wrecking her car in Sacramento.

Law enforcement uses mugshots for arrest files, but they also post the images for public knowledge. If you face arrest, standing out in a mugshot can hurt your credibility and reputation even if the courts clear you of all charges.

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.

If police stopped you for Los Angeles DUI, you may be worried and anxious. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

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

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 Law Group today to schedule a free consultation.

Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

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

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 Law Group today to schedule a free consultation.

If police stopped you for Los Angeles DUI, you may be worried and anxious. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Fatal Pileup Involving Bruce Jenner Features Two Suspended Licenses, But No Los Angeles DUI Charges

The Los Angeles DUI community and others initially thought the recent horrendous Bruce Jenner crash might have involved alcohol. The investigation into the fatal accident continues to unfold, providing more details into the sequence of events.

The accident unfolded when Bruce Jenner, 69 year-old Olympic medalist and part of the Kardashian family, allegedly rear-ended two vehicles in his Cadillac Escalade. New evidence based on video captured from a bus camera recently emerged indicates that Jenner first rear ended a Lexus sedan driven by Kim Howe (69). The impact pushed the sedan into oncoming traffic, where it collided head first with a Hummer. Howe died at the scene. Jenner submitted to both field tests and DUI blood tests. The results yielded no proof of intoxication.

During the sequence of events, Jenner also rear ended the car immediately in front of the Lexus, a Toyota Prius driven by Jessica Steindorff (29). Both Howe and Steindorff had been driving with suspended licenses. According to the Los Angeles Times, investigators found proof that Jenner tried to avoid the accident with hard braking and veering to the right shoulder of the road.

Talking or texting on a handheld cellphone is illegal while driving in California. Evidence suggests that distracted driving may have played a role in the deadly sequence of events. Pagesix.com highlights photographs taken of Jenner talking on the phone while driving only days after the accident. Investigators look to phone records for proof of distracted driving when evaluating the circumstances surrounding an accident.

Chain reaction crashes like this one require intensive investigations. Evidence emerging in the continued investigation will likely clarify the cause of the accident and Jenner’s role. Publicly, Jenner holds that he did nothing wrong. Emerging evidence of negligence could lead to charges of vehicular manslaughter.

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

Did you get arrested for a DUI in Los Angeles? If so, contact Los Angeles criminal defense attorney Michael Kraut for assistance by phone at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Texas Man Gets Pulled Over for 8th DUI: Los Angeles DUI Lawyers React

In Los Angeles, DUI offenses can be punished by a few hours in prison or many years – the harshness of the sentencing depends on many factors, such as the nature of the alleged offense, the amount of damage done to people and property, and the history of the alleged DUI driver.

First non-injury offenses, usually involve minor punishments, like a driver’s license suspension, DUI awareness classes, and probation; whereas repeat DUI convictions can lead to a dramatic escalation in penalties.

A shocking case from Texas illustrates what can happen to super-recidivist DUI offenders. Police recently arrested Harold Moore, a successful janitorial service owner, for his 8th lifetime DUI. Moore had just been released from a four year prison sentence for his 7th DUI.

While in prison, Moore had enrolled in multiple alcohol treatment programs. Authorities released him from prison, pursuant to his participation in a decade long probation period. His prior DUI convictions allowed the presiding judge discretion in determining further sentencing requirements. Moore’s defense attorney stated that his seventh sentencing was mild and “truly a gift.”

Since Moore had been on probation, any BAC conviction would constitute a breach of his punishment. Moore’s BAC was allegedly 0.27%, more than 3 times the legal limit here in L.A. (and in Texas). Moore now might be looking at 20+ years in prison. The prosecution is attempting to add another 10 years for his breaching probation.

Moore’s case may be an extreme example, but repeat DUI offenses need to be aware that courts typically impose harsher penalties and begin adding jail time for every additional DUI offense.

Another important point to remember is that an out of state DUI conviction can still count toward your overall “total.”

In California, after three or more DUI convictions in a 10 year period — or if your DUI causes harm or death — you will likely face felony charges. at 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.

Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

San Francisco, Los Angeles DUI Rates Drop Thanks to…Taxis?

In September 2014, Los Angeles DUI rates dropped, as did similar rates in several cities across the nation. Many observers credit a new trend in cab services based on apps!

Uber and other mobile friendly taxi services have revolutionized American perceptions of taxis. People no longer have to wait or hope to catch a cab at a certain corner. They can call up a town car at the touch of a button, and they don’t have to carry cash. With GPS location tracking, a taxi can be dispatched to a waiting passenger without that passenger ever placing a call.

Taxi companies are increasingly marketing their services toward younger, affluent adults. They are also focusing on the high-risk demographic that is more likely to go out to bars and clubs more often.

And it’s working.

Two companies in particular have seen a growing demand for their business, Lyft and Uber. They present themselves as trendy companies, marketing themselves on bathroom walls and underneath bar stools. Their goal is to make a taxicab seem cool enough to call.

The arrival of these services and the advent of other so-called “rideshare” programs have had a measurable impact. San Francisco DUI rates have consistently fallen since Uber and other modern taxi companies started service there. DUI arrests have fallen by nearly 10% in Seattle, since the expansion of Uber’s taxicabs. In 2013, Los Angeles saw a 14% drop after a 10% increase in 2012. The difference? The availability of ride-share services.

There’s a positive, direct correlation between decreasing DUI arrests and these services becoming available to young adults. If this trend continues, we’ll likely see these services expand and receive additional media coverage in the near future. If revenue is any indication, rideshare services are here to stay; hopefully, they’ll continue to drive down DUI rates in cities across the country.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Law Group’s 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.

Did you get arrested for a DUI in Los Angeles? If so, contact Los Angeles criminal defense attorney Michael Kraut for assistance by phone at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Colorado Explores [Much] Harsher DUI Laws: Implications for Los Angeles DUI Law in the Near Future?

Los Angeles DUI attorneys are closely watching the Rocky Mountain state of Colorado to see whether that state will soon be cracking down hard on third offense DUIs. A lawmaker in Colorado’s general assembly recently introduced a bill with bipartisan support to treat a third DUI offense as a felony.

The rules under the new bill stipulate that all DUI offenses would have to be committed within seven years of one another. Lori Saine, the bill’s author, believes her law would reduce the number of inmates in county jails and make Colorado roads safer.

Police officers around the state are not sold on the idea. Some in the police community contend that increasing penalties for repeat DUI offenders doesn’t address the heart of the issue. Police say that jails throughout the state don’t offer inmates what they need to recover from their alcoholism, citing a growing need for substance abuse therapy. They say that individuals who leave prison depressed are more likely to abuse alcohol and other substances. Substance abuse and incarceration beget one another in a vicious cycle.

Bill opponents within the CO general assembly point to increased expenses from felony charges and extended prison sentences. State funding for prisons is already tight; funding for the increased costs associated with the bill might have to be pulled from valuable social services.

These law changes mean that if you live in Colorado and have two DUIs, a third could mean serious prison time.  State laws in California already allow for a DUI conviction to turn into a felony under certain circumstances, including:

•    You caused harm or death to another individual while DUI.

•    You have 3 or more DUI convictions in 10 years.

•    You have a history of felony DUI convictions.

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.

Did you get arrested for a DUI in Los Angeles? If so, contact Los Angeles criminal defense attorney Michael Kraut for assistance by phone at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Colorado Researchers Race to Collect Data on Drug DUIs: Los Angeles DUI Attorney Assesses

The recent legalization of marijuana in Colorado and Washington – in addition to the widespread and growing approval of medical pot — has spurred some fascinating research. Scientists want to understand how the growing wave of marijuana users is influencing the landscape of DUIs. Many police officers and other professionals working on this problem contend that drug DUI driving could become increasingly disruptive and deadly as marijuana laws soften.

Medical marijuana use is legal in California, but smoking and driving can still easily land you a drug DUI in Los Angeles and around the state.

Very few studies have been done to assess the risks of driving while high on marijuana. The National Institute on Drug Abuse and the NHTSA are wrapping up one such study — a 3-year investigation that researched the drug’s effects on driving. Using one of the most powerful driving simulators on the planet, researchers gave test participants either a placebo or varying concentrations of the drug and asked them to use the simulator.

The study yielded a surprisingly negative result. The data analysis software can detect subtle changes in driving behavior; and participants on marijuana exhibited hardly any change.

Police officers are not convinced that THC is innocuous, however, and don’t hold your breath waiting for the law to keep up with the science. Roadside THC detection tests are being developed and sold to law enforcement agencies in areas where pot is legal. Drivers pulled over while under the effects of marijuana can still be given a DUI – even in states like California where consumption can be legal. In California, police test for marijuana impairment using blood tests, which can indicate recent use.

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

If police arrested you for Los Angeles DUI, you may feel scared and confused. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Los Angeles DUI Community Saddened as Redondo Beach Driver Kills Three After Taking Prescription Drugs

Los Angeles DUI accidents can claim lives at any time; an awful crash in Redondo recently killed 3 Californians and injured many more.

According to reports, twelve people suffered injuries, when a woman crashed into a group of Christmas concert-goers in a Redondo Beach church last December. Margo Bronstein had been exiting St. James Catholic Church when she slammed into pedestrians leaving the concert. Three people died; two suffered bad injuries; and seven others suffered minor injuries.

Bronstein, a paraplegic, had a spotless driving record, but she had been taking medication that day. Her car had been outfitted with various technology to assist her driving. She had hand brakes on the steering wheel and special rear-view mirrors.

Police might charge Bronstein with felony DUI and vehicular manslaughter. Her attorneys have been urging the public to avoid jumping to conclusions about the accident. It is possible, they argue, that a defect in the hand brakes could have contributed to the accident.

If Bronstein’s lawyers can prove that the incident had been an accident — and that medication had not been to blame – perhaps they can fight or eliminate the charges. Her medications included muscle relaxers and other pain relievers to help her cope with chronic health issues.

Accidents involving prescription drugs can still be charged as DUIs, and the consequences of even non-injury stops can include jail time, license suspension, fines and fees and beyond. If a blood or urine test measures a drug’s present in the bloodstream, a conviction could follow.

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.

Did police stop you for driving under the influence in Los Angeles? Contact DUI defense attorney Michael Kraut for assistance at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

4 Key Thanksgiving Driving Tips to Prevent Getting Arrested for Los Angeles DUI

Thanksgiving should be a time for celebration, communion, and reconnection with friends and loved ones. However, as we discussed in an adjacent post, the day before the Thanksgiving is also the worst day of the year for Los Angeles DUI arrests and accidents. So how can you protect yourself, your loved ones and other people on the road from injuries (and worse) this holiday? Here are 4 tips.

1.    If you are going to drink, make a plan well in advance of partying.

Studies suggest that once someone is the throe of merrymaking, judgments tend to go out the window. After you have already had two or three drinks is not the time to start to think rationally about how to get home. You need to “pre think” your exit strategy by identifying a designated driver in advance, hiring a taxi cab or just walking from place to place.

2.    Be careful to avoid walking while DUI as well.

Most people assume that if you walk instead of drive after consuming alcohol, you should be fine. However, as authors Stephen Dubner and Steven Levitt point out in the book SuperFreakonomics, when you crunch the numbers, walking under the influence is, mile per mile, potentially more even dangerous than driving under the influence. The reason is that, when you make bad decisions as a pedestrian – particularly at night if you are wearing dark clothing — you can easily get seriously hurt or killed. If you are in a car and you get into collision, you at least can hopefully rely on the car’s safety mechanisms, like airbags and seatbelts, to protect you against the worst of the impact. As a pedestrian, you have nothing shielding you.

3.    Pay attention to near misses in the past.

Have you ever gotten into a DUI wreck before? Do you plan to hang out with anyone who has been arrested for that crime or who has gotten into serious injury accidents? The best predictor of future accidents is past driving behavior. Pick up on clues left by the past, so that you can more effectively manage your own behavior and minimize risk. For instance, say your cousin Arnie comes to town and wants to go bar hopping with you. But you know that cousin Arnie has two DUI priors on his record; you might want to aggressively suggest that everyone take a cab.

4.    Organize Thanksgiving events in a way that requires less driving overall.

One of the best ways to prevent problems is to negate temptations altogether. For instance, maybe you and your family typically go out to a restaurant that serves copious amounts of alcohol. Consider changing your plans this year, so that you all stay at someone’s house, so that you are not tempted to drink and then get behind the wheel.

For help dealing with the aftereffects of a crash or arrest, call a qualified Los Angeles DUI attorney with the Kraut Law Group today for a free consultation with a former Deputy District Attorney with nearly two decades of experience fighting on both sides of these types of cases.

If police stopped you for Los Angeles DUI, you may be worried and anxious. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Proposition 47 and the Evolution of Los Angeles DUI Law

If you’ve been a long time reader of our Los Angeles DUI blog, you’ve read about some relatively radical changes in the scope, nature, and direction of California criminal law over the years.

The Golden State’s codes are living documents, designed to respond to the needs and concerns of the citizenry in an organic, ongoing basis. Over time, citizens, legislators and judges all regularly seek to amend these guidelines.

To wit, consider the success of Proposition 47, passed on Tuesday by a healthy margin. This proposition attracted intense support and opposition. The goal was to increase equal justice and to prevent certain nonviolent drug offenses from being automatically charged as felonies. On the one hand, citizens, policymakers and those in the judicial system alike are concerned about the legion of people incarcerated in California jail cells — often for relatively minor offenses that did not lead to injuries or harm to others. On the other hand, we recognize that bad behavior needs to be punished and deterred.

Here’s how the Los Angeles Times summarized the fall out of Yes On Prop 47:

“The day after California voted to reduce punishments, police agencies, defense attorneys, prosecutors and even some advocates were scrambling to figure out exactly how it was going to work. The greatest effect, experts said, would be in drug possession cases, noting that California is now the first state in the nation to downgrade those cases from felonies to misdemeanors. Thousands of felons are now eligible for immediate release from prisons and jails.

City attorneys accustomed to handling traffic tickets and zoning violations are now responsible for prosecuting crimes that used to be felonies, including forgeries, theft and shoplifting. District attorneys who used to threaten drug offenders with felony convictions to force them into rehabilitation programs no longer have that as an option. Social workers said they worried that offenders who voluntarily seek treatment will have trouble finding services.”

For help understanding your rights, obligations and legal needs regarding Proposition 47 or CVC 23152, call a Los Angeles DUI defense attorney with the Kraut Law Group to get an objective, insightful and strategic analysis of your defense options.

If you’ve been arrested for driving under the influence in Los Angeles, contact former-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

The Most Dangerous and Deadly Day for Los Angeles DUIs is Approaching…

We’ve actually touched on this issue before in previous posts, but even if you are a regular reader, you might have forgotten. What is the most dangerous day for Los Angeles DUI in the calendar year? Common (but wrong) guesses might include:

•    New Year’s Eve;
•    Super Bowl Sunday;
•    Fourth of July;
•    Memorial Day Weekend;
•    Labor Day Weekend;
•    Christmas Eve;
•    Halloween;
•    St. Patrick’s Day.

All these days actually do witness an above average rate of DUI driving, and you need to take special precautions during those holidays, whether you are driving or walking around as a pedestrian. But there is one day that’s actually substantially more dangerous – and that day is the day before Thanksgiving.

That might strike many people as strange.

Why would the day before Thanksgiving be a time for DUI driving? The answer probably has to do with the behavior of college kids who are returning home from college to their families for the Thanksgiving holiday. For college students who have left home to go to college, Thanksgiving break is often the first time that they get reunited with their high school friends. And even though young people cannot legally consume alcohol until they are 21-years-old, many people who go off to college find ways around these restrictions and end up experimenting substantially with alcohol during their first 2.5 months of college. So when they come home, they may be still in a giddy experimental stage with alcohol. These young college students come home to meet up with their friends who are also experimenting. Thus, things can get a little haywire. Some statistics suggest that the spike in DUI rates over Thanksgiving can be at least partly attributed to this kind of “college student effect,” although more research is needed to determine the real truth.

So why would the night before Thanksgiving be more dangerous than Thanksgiving itself?

The answer again comes back to patterns of behavior. On Thanksgiving, most people stay in with their families and eat and watch football and talk. In other words, there is not a lot of mobility. So even if people might be consuming lot of alcohol on Thanksgiving, they are staying in. On the night before Thanksgiving, however, many people who have already returned home for the holidays, but they are not necessarily hanging out with their families. Hence, we see this spike in DUI accidents on the day before the holiday.

So what can you do if you or someone you love got arrested for DUI driving during the Thanksgiving holiday?

Your first step should be to contact a reputable Los Angeles DUI defense lawyer, like Michael Kraut of the Kraut Law Group. Mr. Kraut has an extensive track record of success as both a prosecutor and a defense attorney; he previously served as a Deputy District Attorney for Los Angeles for nearly 15 years. He and his team can provide critical guidance you need to make your decisions. Call today for a free consultation.

Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

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

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 Law Group can assist you with constructing an appropriate, sensible and meticulous defense. Contact attorney Kraut today to schedule a free consultation.

Did you get arrested for a DUI in Los Angeles? If so, contact Los Angeles criminal defense attorney Michael Kraut for assistance by phone at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Authority and Alcohol: People in High Positions Can Get Los Angeles DUIs, Too

Although stories about celebrities facing Los Angeles DUI charges are reported every day, average citizens often act surprised when people in authority face similar charges. The attorneys at the Kraut Law Group have seen plenty of people in positions of authority deal with DUI charges and want to set the record straight on the prevalence of this problem.

Oklahoma Senator Charged

Republican senator Bryce Marlatt was recently charged with a subcategory of DUI known as actual physical control, or APC. APC indicates the vehicle was actually moving when the suspect was pulled over for the DUI. Woodward, OK, police found Marlatt asleep in his moving car. When asked how many beers he had, Marlatt replied, “None – I had what you call a bourbon and Coke.” He also said he had consumed “no more than anybody else” when asked further about his alcohol consumption.

Senator Marlatt’s attorney claims that Marlatt had been having sleep problems and that he took a prescription sleep aid before getting behind the wheel last Monday night. He had imbibed a mixed drink and had been concerned about the effects of the mixture, so allegedly pulled over to sleep off the aid and the alcohol. However, the charges of APC indicate Marlatt’s vehicle may have been moving without his knowledge.

Auto President Faces DUI

Another authority figure recently charged with a DUI is Robert Butler, president of the Butler Automotive Group in Indianapolis. Allegedly, Butler had been driving DUI on Interstate 465 and hit a vehicle parked on the emergency shoulder. The accident caused “serious leg injuries” to 25-year-old Latin McKinney, according to The Indy Channel. McKinney and his sister had apparently been trying to jump-start McKinney’s stalled car on the emergency shoulder.

Butler admitted he had four glasses of wine while watching a ball game in downtown Indianapolis before getting on the interstate. Police measured his blood alcohol level at twice the legal limit. However, Butler pleaded not guilty to DUI charges even after admitting he’d been drinking.

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.

Call attorney Michael Kraut at (323) 464-6453 for help if you’ve been stopped for DUI in Los Angeles. Or Contact our team online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Parallels Between Your Los Angeles DUI Arrest and the Comet Landing of the European Space Agency’s Philae Lander

You’ve heard our Los Angeles DUI blog pound on the theme of “get help as soon as you can after a DUI” numerous times. Any credible attorney or authority who knows anything about California DUI law will tell you that you need to act rapidly to preserve your freedom and protect your options.

Nevertheless: many, many people recently arrested for the crime exhibit a lackadaisical attitude about the timeframe.

For instance, you only have 10 days after the arrest to contest the license suspension, after which time you may be forced to live without your driver’s license for months or longer. It’s understandable that you might be stunned by the rapid turn of events and overwhelmed by the potential legal ramifications. But when time is of the essence, you absolutely need to act.

It’s hard to get people to understand this theme, however, no matter how many different ways we (and others) bring it up and highlight the need for urgency.

Fortunately, recent news events have given us a golden metaphor to re-explain the problem.

Last week, the European State Agency (ESA) landed a small ship on a comet – the first time humanity has ever landed a probe on a comet. The 2.5 mile wide Churyumov-Gerasimenko comet is about 317 million miles from Earth, and it’s traveling at breakneck speeds of 84,000 miles per hour. Unfortunately, the probe encountered a few technical problems on its way down from its mother ship, Rosetta, and it was not able to clamp down to the surface of the comet.

Unsurprisingly, the gravity on the comet is much, much, much weaker than it is here on Earth. So when the probe landed, it bounced and then landed again in a shadow of a cliff on the comet. While the search for the final landing site is still ongoing, the lander is racing against the clock to meet as many of its core science goals as possible before the primary battery is exhausted.

Scientists had hoped that the probe would land in a sunlit place and be able to access solar power to continue its mission for longer. But now they have to act quickly or lose out on science that researchers have spent billions of dollars trying to procure. The point is that these researchers understand the dangers of failing to act in a timely fashion. When there is billions of dollars at stake and millions of eyes on you, you tend to take your job pretty seriously.

But the consequences of not acting in situations where action is required may not be so clear if you are the only person affected by delay. To that end, please contact the team here at the Kraut Law Group to schedule a free and confidential consultation regarding your rights. An experienced Los Angeles DUI defense lawyer can help you understand your next steps and act rapidly and with clarity.

If police stopped you for Los Angeles DUI, you may be worried and anxious. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Getting Stopped for Los Angeles DUI with a Single Open Container Is Bad News. What About 42 Open Containers of Vodka?

As someone who recently had the unpleasant experience of getting arrested and handcuffed for charges of driving under the influence in Los Angeles, you vividly recall the feelings of fear, frustration and hopelessness that accompanied your stop/accident and subsequent jailing.

Yet you also know that the situation could have been worst. For instance, hopefully you did not seriously injure or kill someone while DUI. And at the very least, you personally survived the incident – not necessarily a given, particularly if you had been seriously impaired.

Even if police found an open container (or two or three) in your vehicle, you have nothing on 26 year old James M. Woodward, a Massachusetts man stopped last Sunday afternoon on Route 24 in Freetown, MA for “moving vehicle violations.”

Massachusetts State Police say they found not just one or two but 42 (!!) nips of open vodka in Woodward’s truck; they arrested him and hit him with multiple charges, including lane violations, negligently driving a motor vehicle, driving DUI, and, of course, having open containers of alcohol in his vehicle.

Driving DUI under any circumstances can be devastating, even if you didn’t violate multiple laws or engage in dubious or reckless behavior after your stop. Even if this is your first time, you can still face a panoply of charges, such as:

•    Driver’s license suspension
•    Forced alcohol school
•    Probation
•    Fines and fees
•    Legal costs
•    Spike in your insurance rates
•    Job loss
•    Mandatory installation of interlock ignition device (IID) in your car
•    Enhanced punishments if you hurt someone

Of course, all is not lost. You may be able to get the charges dismissed entirely or plead them to down to lesser charges, such as wet reckless. Call a Los Angeles DUI defense lawyer with the Kraut Law Group right now to set up a time to speak with attorney Michael Kraut about what you can do to defend your interests, protect your rights, and minimize the punishments and other negative repercussions in your life.

Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

Reassessing Your Driving Behaviors After Your Los Angeles DUI Arrest

In the wake of a recent Los Angeles DUI accident or arrest, you have been reflecting a lot on how to be a better driver and just become more generally conscientious and mindful in your life.

You recognize (wisely) that poor driving habits can affect you not just in acute terms but also over the long term. There is a reason why insurance adjusters and officials at places like the National Highway Traffic & Safety Administration (NHTSA) measure the risks of DUI driving in terms of hundreds of millions of miles.

For instance, if you drive averagely, you can expect to die one time for every 100 million miles you travel – roughly the distance from the Earth to the sun. Fortunately, most drivers do not drive anywhere close to that amount of miles, so the risk of dying from a car crash is obviously less than 100%. But the point is that if you can engage in better driving habits, you can reduce your lifetime risk for accidents and injuries. Here are some ideas about how to slash your odds of future arrests, crashes and mayhem:

•    Keep the radio at a very moderate to low volume. High volume radio can cause distractions and prevent you from hearing critical signals from the road;

•    Never ever talk or text or even chat on a mobile device when you are behind the wheel. Even using a hands free headset can be a major distraction, because it mentally forces you to be “someplace else” and not behind the wheel. Consider swearing off using a cellphone in any capacity behind the wheel.

•    Avoid driving while fatigued, angry or in an emotional “state.” Research from Australia shows that fatigue can be just as dangerous as driving under the influence if you are tired enough. Likewise, driving while angry or depressed or otherwise in a bad emotional way can increase the likelihood that you will get into a crash, because your head is not fully “in the game.”

•    Talk to a Los Angeles DUI defense lawyer not only about how to construct an appropriate response to your current problem but also about how to develop the tools and habits you need to be safer going forward.

Michael Kraut of the Kraut Law Group has seen all sorts of cases over the past nearly 20 years, as both a prosecutor and a defense lawyer. He would be happy to talk with you in-depth and in confidence about your case. Call now to schedule a consultation to get his strategic insight to move forward.

Have you been arrested for a DUI in Los Angeles? If so, please contact DUI defense attorney Michael Kraut at (323) 464-6453 or online. Our building is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...

3 Surprising Lessons about Los Angeles DUI Defense from the Recent Ebola Scare

Unless you’ve been living under a rock – or you’ve been so totally overwhelmed by your Los Angeles DUI that you haven’t checked CNN or your Facebook feed in months – you probably are keenly aware of the explosive Ebola outbreak in the West African countries of Sierra Leone, Liberia, and Guinea.

In mid-October, officials with the World Health Organization (WHO) and other prestigious bodies panicked and worried that the epidemic could explode outside of West Africa and create a worldwide pandemic that could lead to the infection of hundreds of thousands if not millions of individuals. Thanks to alert action on part of the U.S. Military, health authorities, and philanthropists, it at least appears that we are finally staunching the Ebola tide. However, the Ebola outbreak – in particular, how it played out in the media – holds powerful lessons for DUI defendants. Here are three.

1.    We tend to fear the disturbing and exotic as opposed to the mundane and realistic.

For instance, if you have been arrested for DUI, you might be terrified about going to jail for 2+ days. While staying in jail is not a picnic, you might be overlooking far more profound consequences… such as losing your California driver’s license for a year or longer. Imagine not being able to drive to work, take your kids to school, and even go on simple errand runs.

2.    When things go wrong in life, it’s easy to spiral out of control into a panic, but overreacting can make problems worse.

For instance, despite statistical and epidemiological evidence that closing off the U.S. borders to West African countries would not stop the spread of Ebola in the U.S. — and potentially even impede efforts to contain disease, because rescue workers and doctors could not as easily travel back and forth — many people choose not to hear these rational arguments. Likewise, many DUI defendants react in nonstrategic fashion by, for instance, waiting way too long to hire attorneys to represent them and guide them through the process.

3.    The right kind of help at the right time can make a huge difference.

If you look at the projections for Ebola before and after the massive international reaction, the data are stark. Our intervention really seems to have made a big difference. Likewise, if you find the right people, such as a qualified Los Angeles DUI defense attorney with the Kraut Law Group, you may be able to powerfully affect your future, win back your freedom, and avert personal catastrophe.

Call the Kraut Law Group today for a free and confidential consultation.

If police stopped you for Los Angeles DUI, you may be worried and anxious. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

Continue Reading...