Los Angeles DUI Attorney Blog

Experts in Southern California DUI law try to pay attention to events that occur on the national radar as well as to local Southland news items. And a recent development in a heartbreaking case out of New York City has once again stoked debate and discussion among the community.

Below is the scoop.

Carmen Huertas was partying last October in Chelsea when she decided to load up her van with seven young girls and take them to the Bronx for a slumber party at her house. Unfortunately, Huertas had been drinking. Allegedly, she knew it too. According to testimony, she told her passengers “if you think I am going to crash, raise your hand!” Anyway, Huertas got onto the Henry Hudson Parkway and lost of her car control around West 96 Street. In the terrible crash that ensued, 11-year-old Leandra Rosado died.

Now, Huertas is prepared to enter a plea of guilty to the manslaughter charge against her in hopes that Justice Charles Solomon will be lenient. Justice Solomon has said in the past that he would give her something in between the maximum possible sentence of 15 years and minimum possible sentence of 1 year.

What happens if someone commits vehicular manslaughter while DUI in Glendale (or elsewhere in the Los Angeles area)? There are actually laws on the books that specifically handle Los Angeles DUI vehicular manslaughter. This occurs when a motor vehicle driver violates traffic laws or is careless or negligent -- and as a result of this carelessness or fault indirectly or directly causes the death of another human being.

There are degrees of vehicular manslaughter. One of the strongest charges is “gross vehicular manslaughter while intoxicated.” To prove this, the prosecutor must show that the defendant was more than just normally “negligent” – he or she had to have been “grossly negligent.” If you are convicted of this more serious charge, you can face 10 plus years in jail or longer for every person who died in the accident. Gross negligence is defined as recklessness that creates serious bodily injury and/or death. And a reasonable person would know that the behavior would create this kind of extreme risk.

Whether you have been charged with a very serious crime, such as gross vehicular manslaughter while DUI in Pasadena, or you have been pulled over for a more “run of the mill” (but obviously very sobering and scary) charge of driving under the influence in Beverly Hills with a BAC of 0.14%, you likely need comprehensive and strategic guidance with your legal defense.

When defendants research Los Angeles DUI attorneys, they typically feel significant pressure to make a choice quickly. But it’s important to find an attorney who has the experience, track record and capacity to deliver a superior defense for you.

Continue reading "Southern California DUI Experts React to Guilty Plea in Prominent New York DWI Death Case" »

No one disputes that driving DUI in Los Angeles is dangerous – and that conscientious people should do everything in their power to prevent friends and relatives under the influence from getting behind the wheel. But a rare story out of Islip, New York drives home this point in emotionally compelling fashion. The story involves a 13-year-old girl who called 911 after her mom insisted on driving DUI in spite of having her and her 10-year-old brother as passengers.

CNN reported that the 13-year-old daughter of Jamie Hicks called 911 last Sunday, while her mom was weaving on I-84 near Connecticut. The New York State Police pulled Ms. Hicks over and arrested her after she failed a field sobriety test. Her BAC level tested at 0.18% – more than twice the legal limit for Southern California DUI. According to CNN, Ms. Hicks will appear in court on August 17th to face an array of charges, including charges of endangering minors.

It obviously took guts for the young woman to call the police -- she clearly did not want to see her mother put behind bars -- but perhaps her act averted disaster.

Moving to another important general lesson, let’s talk again about Southern California Field Sobriety Tests (FSTs) – what they are, how they have bearing (or not) on cases, and what you should do if you’ve been arrested for driving under the influence in Pasadena -- hopefully not with young children in your car.

Field Sobriety Tests are mental and physical exams given by police officers. A common mental test involves saying the alphabet backwards. Physical exams include the horizontal gaze nystagmus test, which is essentially a pupil reaction time test. DUI individuals tend to have slower reaction times. Balancing tests include: walk the line, one leg stand, finger to the nose and rhomberg (where you tilt your head backwards and count from 1 to 30).

In theory, Field Sobriety Tests (FSTs) should do a pretty good job determining who is DUI in Pasadena and who is not. But in practice, the tests can be extremely problematic. First of all, drivers pulled over under suspicion of DUI tend to be nervous, jittery, uncomfortable, nauseous, and otherwise out of sorts. Their behavior (e.g. stumbling and fumbling) may have nothing to do with whether or not they are under the influence and everything to do with their natural disposition or their feelings of fear. Also, the National Highway Traffic Safety Administration (NHTSA) has suggested that all but three of the FSTs that police officers typically use – the horizontal gaze nystagmus, one leg stand, and walk and turn tests – really don’t show a correlation between impairment due to alcohol and performance.

For example, someone who is DUI may have a fantastic memory and may be able recite the alphabet backwards by rote even with a BAC of 0.20.

If you have been pulled over for Southern California DUI, you likely need a smart and experienced attorney in your corner to investigate the arrest and help you come up with a strategy to deal with the charges. Sometimes that strategy may involve trying to get the charges excused completely. Other times, it might involve trying to plea bargain down the charges so you will face a lesser offense and reduced punishment.

Continue reading "A Lesson for All Would-Be Southern California DUI Drivers: From a 13-Year-Old Girl" »

Bloggers who follow stories about driving under the influence in Southern California were glued to their computers last Monday afternoon following a case out of Franklin County, Vermont involving a man arrested for his eighth lifetime DUI.

The defendant, Douglas Gardner, was last arrested for driving under the influence in 1989, when he crashed head-on into a car and killed 20-year Billy Labier-Boucher. Gardener served a 20-year prison sentence. After securing release last month, Gardner almost immediately got back into trouble. He allegedly stole a Pontiac Aztek, drank two beers and a vodka, and veered off Route 78 in Highgate into a bog. The Vermont troopers who found him tested his blood alcohol content at 0.156% – nearly twice the legal limit for Southern California DUI of 0.08%, as defined by California Vehicle Code Section 23152(b).

The state attorney asked for bail to be set at $100,000, but Judge Greg Rainville went one step further and ordered Gardener held without bail. The Judge remarked: “you are a threat to the safety of the public… if I can’t stop you from driving, I can’t allow you on the streets.” The Judge’s ruling elicited enthusiasm from Pat Labier-Boucher, the mother of the man that Gardner killed in 1989. Labier-Boucher said: “it was like 20 years ago… it’s like reliving the whole thing again… I hope he is behind bars forever.”

Obviously, similar cases of manslaughter DUI in Glendale and elsewhere are tragic for many reasons. But what does local law say about Los Angeles DUI manslaughter charges?

According to Penal Code Section 191.5(a), in very serious cases, a defendant can be charged with “gross vehicular manslaughter while intoxicated.” Prosecutors don’t necessarily have to go for this charge. But to prove gross vehicular manslaughter, prosecutors must meet a very high burden. First, you must show that the defendant drove under the influence of drugs or alcohol with a BAC of 0.08% or more. Second, you must show that the defendant committed a driving infraction, misdemeanor, or other legal act that could lead to death of another person. Third, you must show that the person committed this act with gross negligence. And fourth, you must show that the grossly negligent act led to the actual death of someone.

Continue reading "Los Angeles DUI Experts Riveted by Tragic Case of Man Nabbed for Eighth DUI – after Just Getting Out of Jail for Killing Someone While DUI" »

Driving under the influence in Long Beach (or anywhere else in Southern California) is a serious criminal act -- one that can lead to horrific tragedies. Sadly, a 48-year-old man, Eddie Lumpkin, stands implicated in a recent and frighteningly brutal DUI homicide -- this case out of Chicago.

On Tuesday, Lumpkin -- who had been decorated with over three dozen traffic offenses over the past 20 years, according to the Chicago Sun-Times – plowed his van into six-year-old Jada Washington, killing her. Washington’s aunt, Tiuette Richardson, was severely hurt as well.

Despite all his traffic offenses (his latest occurred just weeks ago on January 31st, when he blew through a stop sign), amazingly, Lumpkin still had an Illinois drivers’ license. According to the Chicago Tribune, “The court records provide little information about why the tickets were dropped, but it could have been a lack of evidence, the failure of police officers to show up in court or any number of other things.”

Lumpkin has been charged with two counts of aggravated DUI as well as reckless homicide.

The laws concerning DUI murder in Southern California differ somewhat from the applicable Illinois laws. If Lumpkin had a hit and killed a six-year-old while driving under the influence in Long Beach, for instance, he could be charged with Gross Vehicular Manslaughter while Intoxicated (CA Penal Code Section 191.5(a)).

To win a case like this, prosecutors would have to show four things:

1. Lumpkin was under the influence of alcohol or drugs and drove with a BAC of 0.08% or higher.

2. While driving DUI in Long Beach (or anywhere else in Southern California), Lumpkin committed a misdemeanor, traffic offense or other act that could lead to death.

3. Lumpkin performed this misdemeanor, infraction or act with what’s known as “gross negligence” -- a standard of carelessness that’s beyond ordinary inattention or bad judgment.

4. The gross negligence led to the death of the six-year-old girl.

Cases of Gross Vehicular Manslaughter while DUI in Southern California can become incredibly complicated and can stretch out over months, if not years.

The consequences of a less than exact defense could lead to extreme punishments. So, if you or a loved one stands accused of a DUI in Long Beach -- whether you are contending with a simple misdemeanor or a complex charge like vehicular manslaughter -- you likely need competent and experienced legal counsel.

Continue reading "Serial Traffic Offender Kills Girl in DUI Crash: Parallels Other Cases of Southern California DUI Homicide" »

Recent changes to Southern California DUI laws -- mandating that first-time offenders install interlock ignition devices (IIDs) in their vehicles -- have made Southland residents more keenly aware of the consequences of driving under the influence.

A breaking story out of Pittsburgh reinforces this message: According to the Pittsburgh Post-Gazette, 38-year-old school bus driver, Brian Dunlap, was arrested on Monday for multiple charges, including reckless endangerment, DUI, and endangering the welfare of 15 children from a Pittsburgh high school.

While driving students to a local science museum, Dunlap allegedly narrowly missed hitting a telephone pole; following the scary swerve, he began laughing. Chaperones observed that his eyes were bloodshot and his speech was slurred. Hours later, while leaving the science center (children in tow), Dunlap careered through a red light. Concerned chaperones phoned police, who quickly arrived at the scene, gave the driver a field sobriety test, and remanded him to an Allegheny County prison. (Tests at a nearby hospital later suggested that Dunlap was not under the influence of alcohol but rather was on illegal narcotics.)

According to the reports, fortunately, no child was injured. That said, stories of near misses like these are all too common these days in places like Hollywood, Pasadena and elsewhere in Los Angeles. Pursuant to California Vehicle Code Section 23153 (a), a misdemeanor Pasadena DUI can be upgraded to a felony charge if the driver causes injury to another person while operating his/her vehicle. California Vehicle Code Section 23153 (b) stipulates that drivers who drive with a BAC over the California limit of 0.08% -- and who cause injuries to other people, particularly to children -- can be subject to an assortment of punishments including: Court fines, stripping of professional licenses, hiked up insurance rates, forced restitution to injured victims and/or their families, and jail sentences.

To develop a comprehensive response to charges of driving under the influence in Pasadena, it can help significantly to game out defense strategies with a qualified and experienced attorney. Many lawyers can handle basic DUI cases. But it is usually impossible to tell whether your case will be "basic" or quite complicated. Even seemingly cut and dry matters tend to have a way of expanding into vastly more fraught debates over legal subtleties. To that end, you likely want someone on your side who has lots of trial experience and who has served as both a defense attorney and as a prosecutor.

Continue reading "School Bus Driver Slammed With Charges of Driving Under the Influence While Transporting 15 Children -- Possible Implications for Los Angeles DUI Violators?" »

It’s a case that rivals a celebrity Los Angeles DUI escapade -- and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour.

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That's twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison -- for each of the three charges -- and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. [According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator's blood sample was first sent to be analyzed.]

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it's almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Law Group. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.

Continue reading "Montana Senator Hit with Felony Charges For Boating Under the Influence -- Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters" »