Los Angeles DUI Attorney Blog

October 22, 2014

Southern California Mayor Suddenly Resigns After DUI Charge

A Los Angeles DUI charge can have powerful and immediate ramifications, whether you’re a public figure or not.

Witness, for instance, the fast fall of Murrieta Mayor Alan Long, who had to resign recently after he caused an alleged DUI crash that injured four students. The 44-year-old had been driving on Jefferson Avenue in a large truck last Thursday at 8 P.M., when he hit a vehicle driven by four high school students.

Long had served as a Battalion Chief with the Anaheim Fire Department, but his knowledge and understanding of road safety did not prevent him from failing his field sobriety tests (at least per police reports) and demonstrating what authorities said were “signs and symptoms consistent with alcohol impairment.”

Long contends that he had consumed alcohol but did not cross the legal limit of 0.08%. He made a bail of $5,000 and has not yet formally been charged. Rescue workers took the four students from Murrieta Valley High School to local hospitals for treatment for an array of injuries.

Long won election in November 2010 by a landslide. But even though he hasn’t been formally charged with a DUI injury count, he had to resign his political position.

Each charge of injuring someone while driving DUI can lead to a felony conviction and a jail sentence of at least a year, per California Vehicle Section 22153. Prosecutors also do not necessarily need to show that Long had been over the 0.08% BAC mark to convict him for the felony counts.

Defending against injury DUI charges can be an incredibly fraught and complex business. Protect your rights by getting good insight from a qualified Los Angeles DUI defense attorney, like Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc.. Mr. Kraut is an ex-prosecutor: as a Deputy District Attorney, he racked up a 99% success rate in jury trials. Continue reading

October 15, 2014

Pro Tip: If You Get Arrested for Los Angeles DUI, Don’t Tell Police That You Are “Going To Do It Again”

by Michael Kraut

To defend against a Los Angeles DUI charge effectively — particularly if you actually committed a crime — you want to express remorse at the appropriate time. You need to show that you understand that what you did was dangerous and could have resulted in severe injuries or even the loss of life.

What you DON’T want to do is to brag that you are “going to do it again,” like Willissa Harris allegedly told police in Tulsa, after she smashed into a cable barrier on a local freeway, Highway 75. According to local media, after Harris hit the barrier, police helped her out of her vehicle and observed that she had red, bloodshot, glassy eyes and slurred speech – classic signs of DUI.

Per reports, Harris had been arrested twice prior for DUI, and she decided to chat with the police about her background on the way to the station. They recorded her apparently self-incriminating statements: she told police that she enjoyed “doing this” [causing the DUI wreck] and that she intended to “do it again.” Police took her to the Tulsa County Jail for processing.

Obviously, it’s no secret that people do and say very dumb things after being stopped for DUI – we’ve come back to this theme again and again on this blog. But there are limits to how and when you can self-incriminate. For instance, let’s say the police fail to read your Miranda Rights — these include the caveat that “anything you say or do can be held against you in the court of law.” If so, you can fight back against the charges by making the argument that the court shouldn’t consider any self-incriminating statements that you made because police didn’t remind you of your rights before you said them.

The court will assess your complete history, including both admissible statements that you have made and your actions. In Harris’s case, the fact that she has two DUIs under her belt will probably matter more than the fact that she boasted under duress that she was “going to do it again.”

If you or someone you love needs to defend effectively against a similarly complex suite of charges, please call an experienced Los Angeles DUI criminal defense attorney at the Kraut Law Group Criminal & DUI Lawyers, Inc. immediately to schedule a free consultation with highly respected former prosecutor Michael Kraut

October 8, 2014

DUI Murder Conviction Stands for Adam Harrison Hall: 17 Years-to-Life Prison Sentence Upheld

by Michael Kraut

Driving under the influence of drugs in Los Angeles is a dangerous crime, as even a child could tell you. But what distinguishes a “run of the mill” drug DUI from an arrest that leads to a second degree murder conviction and a 17 year-to-life jail sentence?

The answer is: the circumstances.

Consider, for instance, the nightmarish series of events that unfolded on the morning of February 13, 2011. Adam Harrison Hall spun out of control in his Ford SUV, smashed into a Toyota SUV at a red light, injuring the occupants, then veered onto the sidewalk and hit and killed 40-year-old Mara Steves, who had been walking a lost labrador retriever.

Hall allegedly killed a pedestrian and caused a massive wreck that led to other injuries… AND he had two prior DUI convictions.

In Southern California, after you get convicted of a DUI, you receive what’s known as a Watson Advisement. This is basically a “last warning” that affirms that you understand that driving DUI can lead to severe injury and death. People who receive the Watson Advisement and then later go on to commit another DUI crime and kill someone can be charged with DUI murder, also known as a “Watson Murder” because of the eponymous advisement.

In any event, Hall apparently had nearly a pharmacy’s worth of drugs in his system, including morphine, amphetamine, temazepam, oxazepam, hydroxyalprazolam, alprazolam, nordiazepam, diazepam, and methamphetamine as well as THCA. In February this year, a jury found Hall guilty of a smorgasbord of charges, including misdemeanor drug DUI, two felony counts of obtaining drugs via a forged prescription, one felony prescription forgery charge, and of course one felony murder count. Hall had appealed the verdict, because he argued his trial attorney had been inadequate and that the prosecution did not have enough evidence to prove that he had been the driver burning through the red light. But the three justices disagreed and upheld the murder conviction.

If you or some you love faces a severe charge, like DUI manslaughter or murder, call a qualified, compassionate Los Angeles DUI defense lawyer with the Kraut Law Group Criminal & DUI Lawyers, Inc. to get effective insight into your possible options.

October 6, 2014

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

by Michael Kraut

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

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

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

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

So what can you do to manage your crisis?

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

October 2, 2014

What Should You Do After Your Fourth Los Angeles DUI Arrest? [Hint: Don’t “Moon” the Police]

by Michael Kraut

One of the consistent themes we’ve discussed on this Los Angeles DUI defense blog is the tragic observation that drivers often make their legal situations far, far worse after getting stopped for DUI. We’ve covered stories about drivers who have attacked police, driven off in a panicked rage from a stop, and even charged through DUI checkpoints.

Unfortunately, one “bad night” can lead to a series of criminal charges, which can land you in jail for many months or even years, depending on what you did, whom you hurt, and whether you have a criminal record. To wit, consider the case of 49-year old Michele Ann Rivera of Coral Springs, Florida. Per a local paper, she and her husband, Stancel Ganus Kinsley, 68, had been driving home from Kinsley’s birthday in the early afternoon on Sunday, when some kind of “road rage” incident broke out. One motorist called the police and reported that Rivera had been winding all over the road on North University Drive in her Toyota 4Runner.

Allegedly, the 49-year-old got out from the driver seat and screamed at a driver for tailgating her. Meanwhile, Kinsley took the driver seat. Police alerted by the ruckus determined that both Kinsley and Rivera had symptoms of DUI, including bloodshot eyes, slurred speech and a distinct smell of alcohol. Authorities also allegedly found an open bottle of Vodka in her purse. Police put her through the paces of field sobriety tests, which she allegedly couldn’t complete. Police then arrested both her and Kinsley for DUI, at which time she apparently became abrasive and loud and mooned a police officer, yelling “this is the best you will ever have.”

In Los Angeles, if you are arrested more than three times in a 10-year period for driving under the influence, authorities can charge you with a felony, even if you committed what would ordinarily only be a misdemeanor DUI. To protect your rights and make smart strategic choices about your Los Angeles DUI defense, contact a lawyer with the Kraut Law Group Criminal & DUI Lawyers, Inc. immediately to schedule a free and confidential consultation.

September 29, 2014

Complex DUI Crash in Santa Ana Injures Motorist, Kills Motorcyclist

by Michael Kraut

When it comes to Los Angeles DUI crashes, authorities often implicate drivers who test to have illegal blood alcohol levels after a collision. However, authorities sometimes struggle to determine fault in cases involving multiple variables.

A September 21 accident in Santa Ana provides an example of how DUI crashes can occur due to other factors besides a driver’s alcohol-related impairment. The incident – a combination of two crashes – left a motorcyclist dead and another driver injured.

The series of crashes began when a motorcyclist collided with the back of a car on southbound 55. After veering off the freeway and striking a chain-link fence, the motorcyclist flew from his vehicle, landing on adjacent Ritchey Street.

As a good Samaritan approached the motorcyclist, Jesus Mendoza Hernandez struck both individuals, severely injuring the Samaritan and killing the motorcyclist. Hernandez now faces DUI driving charges; whether authorities will charge him with DUI manslaughter or DUI murder remains unclear.

Factors that Can Complicate DUI Accidents

The tragic accidents in Santa Ana highlight how aggravating circumstances can complicate a DUI accident. Considerations making it more difficult to assign responsibility include:

• Multiple drivers. The more vehicles collide in an accident, the more complicated questions of liability become.

• Two DUI drivers. Although uncommon, when both drivers involved in a collision are over the legal limit, the case can lead to surprising complexities.

• Unusual intersections. Intersections with confusing traffic patterns – or those lacking adequate lighting or signage – often increase the likelihood of accidents, DUI or not.

Even when your Los Angeles DUI case involves one or more of the above complexities, simply having a blood alcohol level above the legal limit places extra responsibility on your shoulders. An experienced defense attorney with an understanding of California DUI laws can analyze the circumstances of your case to determine how to help you form a defense. Contact the Kraut Law Group Criminal & DUI Lawyers, Inc. today to schedule a free consultation.

September 26, 2014

Repeat DUI Offender Receives Maximum Sentence After Injuring Other Driver

by Michael Kraut

Among the most severe Los Angeles DUI offenses are those causing injury to passengers or other drivers. As a San Diego man recently discovered, the consequences of a DUI-related crash can last for several years – or a lifetime.

On September 19, a judge sentenced Daniel Castro to nine years and eight months in prison for a felony DUI that led to the serious injury of another driver. The third conviction for Castro came after he jumped bail, escaping to Ensenada, Mexico.

The accident occurred on May 22, 2013, when an intoxicated Castro drove the wrong way down Interstate 5, crashing head-on into 29-year-old Jessica Creed’s Ford Fusion. Creed sustained extensive injuries, including a severed arm, broken pelvis, shattered facial bones, and fractured vertebrae.

According to the judge, Castro failed to show remorse, character, or courage during the court case. As a result, he earned the maximum sentence allowable under California law.

How Authorities Punish Repeat DUI Offenders and DUI with Injury

When individuals receive multiple concurrent DUI convictions or injure others, the consequences increase significantly. For repeat DUIs, these can include:

• Increased jail time. From 48 hours for a first-time offense to 3 years for a fourth or subsequent offense, continued DUIs often lead to more time behind bars.

• Driver’s license suspension. Each DUI conviction leads to an additional year during which the individual can lose his or her license.

• Fines. The amount a person must pay in fines and court fees can increase with each subsequent conviction.

When a DUI includes an injury to another driver or passenger, the related charge automatically becomes a felony, per California Vehicle Code 23153. These charges generally lead to more prison time, forced restitution for victims, job loss, and other life-altering repercussions.

If a pending DUI case with repeat offenses or injuries threatens to destroy your life, contact a qualified Los Angeles DUI attorney at the Kraut Law Group Criminal & DUI Lawyers, Inc. today to set up a free consultation.

September 24, 2014

Oceanside DUI Checkpoint Memorializes Officers; Firefighter Implicated in DUI Crash

by Michael Kraut

When it comes to DUI in Los Angeles, uniformed men and women can be either victims or perpetrators. Recent incidents in Carlsbad, California, and Lexington, Kentucky, shed light on this dichotomy.

Jarad McCargo, a firefighter in Lexington, lost his job September 22 as a result of an accident in which he struck three people with his vehicle while allegedly under the influence. The 36-year-old reportedly backed his Ford Expedition into a local bar, The Beer Trap, critically injuring Noel Espino and hitting two others. After the collision, he fled the scene and hid behind several trash cans before police located and arrested him. McCargo’s charges include:

•   Driving under the influence
•   First-degree assault
•   Leaving the scene of an accident
•   Driving without insurance

Conversely, the Carlsbad community continues to honor two Oceanside California Highway Patrol officers who lost their lives to DUI drivers recently. On September 20, police set up a DUI checkpoint on Carlsbad Boulevard to identify potentially impaired drivers.

While the checkpoint served to raise awareness regarding the dangers of DUI driving, authorities also dedicated it to the memory of two officers:

• Officer Sean Nava. Nava died in October 2000 when a DUI driver struck him as he responded to a DUI crash.

• CHP Officer Stephen Linen. A DUI driver collided with Linen’s patrol car on Interstate 5 only months after Nava’s death, killing the officer.

Officers and bereaved family members alike hope the memorial checkpoint will cause people to think twice about driving under the influence and hold their friends and loved ones accountable.

Regardless of your professional background, injuring or killing another person when driving drunk is a devastating offense for everyone involved. The potential repercussions for your freedom and future are severe, but an experienced Los Angeles DUI attorney can help. Contact the Kraut Law Group Criminal & DUI Lawyers, Inc. today to discuss your case and begin forming your defense.

September 22, 2014

DUI Arrest for Woman with 7 Children in Car: Irresponsible Mom of the Year?

by Michael Kraut

Driving DUI in Los Angeles is a dangerous and scary act, always. It puts everyone on the road at considerable risk. When you get behind the wheel after drinking, you assume responsibility for what happens to other drivers, as well as to your passengers. In light of that, consider the case of an Ohio woman recently arrested for driving DUI with seven young children in her SUV.

That’s right: SEVEN children.

Not exactly an ideal situation.

September 17, 2014

How DUI Convictions Differ for Underage Drivers: Lessons from the Arrest of 18 Year Old, Hope Brown

by Michael Kraut

A Los Angeles DUI conviction can result in severe penalties to drivers over 21. However, individuals who are under the legal drinking age can face even greater legal, social and emotional consequences for driving under the influence.

A Woodridge, IL teenager is learning this lesson the hard way.

On September 14, police arrested eighteen-year-old Hope Brown after an alleged DUI-related “joy ride” resulted in property damage. The young woman apparently lost control of her Mustang while driving south in a residential area. Per news reports, after she struck multiple parked cars, Brown veered into a front yard, where she hit a vehicle in the driveway before colliding with the house itself. The impact further damaged another car in the garage.

Brown fortunately sustained only minor injuries during the accident, but she did require medical treatment. Authorities released her after she posted bail, and she will appear in court on October 21.

What Happens When Underage Drivers Get Arrested for DUI?

In many states (including California), individuals under the legal drinking age face a distinct legal process after a DUI arrest. This process differs from the process that a driver over 21 must face in several important ways:

• Automatic license suspension. Any underage DUI conviction comes with a license suspension of one year. If you don’t already have a license, you will be unable to receive one for an additional year.

• Zero tolerance. Drivers of legal drinking age must stay within the BAC threshold of 0.08%, but those under 21 can face serious penalties even for testing at a very low blood alcohol level — just 0.01% or higher.

• Additional penalties. Besides the required civil repercussions, underage drivers with 0.08% or higher blood alcohol levels are also subject to the state’s regular DUI consequences, such as jail time, fines, probation, and alcohol classes.

If you are under 21 and you face DUI charges — or if you’re a concerned parent or friend of a minor accused of underage DUI — call Los Angeles DUI attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc.. Attorney Kraut can work with you to craft a strong, strategic defense to protect your freedom, your license and your rights. Contact us today to set up a consultation.