Los Angeles DUI Attorney Blog

March 6, 2014

Anybody Can Get Arrested for DUI Hit and Run – Even a 70-year-old

Imagine a “stereotypical” Los Angeles DUI driver. You might be picturing a young man in his late 20s or early 30s. He returns from a party or a club, and cops pull him over on the 101 for veering across five lanes of traffic in five seconds. This driver is clearly a disruptive influence, and the cops need to get him off the road, stat.

But the actual catalogue of DUI offenders is far more diverse.

Consider, for instance, an Illinois hit-and-run DUI case involving a 70-year-old man from the town of Naperville. Local authorities say Mario Perea caused a DUI accident and then hightailed his way from the scene.

Perea allegedly rear ended another vehicle at a stop light on Route 71 and then fled. Fortunately, the accident didn’t cause any serious injuries. Police eventually caught up with Perea a few miles later and hit him with a battery of charges including: leaving the scene of an accident, DUI, improper lane usage, driving without insurance, transporting alcohol illegally and driving with only one headlight.

It’s a flawed, but very human impulse to flee a crime scene.

But what actually happens if you commit a DUI and then run away, according to California law?

California Vehicle Code Section 20002 outlines the punishments for misdemeanor hit and run in Los Angeles. This CVC will apply if you hit someone else’s property and then leave the scene without identifying yourself or providing information for another person to identify you later. Even if you didn’t cause the crash, you can still be liable per CVC 20002.

You do not have to exchange insurance info, per this code, however. That said, if you don’t, you could be in violation of a separate vehicle code section – 16025. That is a lesser offense — an infraction, rather than a misdemeanor. But you can still be whacked with a fine of $250.

So what are the punishments?

First of all, the California DMV will give you two points on your driving record. Secondly, you can face up to six months in jail, three years probation, fines and fees, and forced restitution to the person (or company) whose property you damaged.

How can you respond effectively these charges?

There are many ways to challenge CVC 20002 charges.

First of all, if you only damaged your vehicle — and not the other person’s property — there is no misdemeanor. Second of all, if you didn’t know that you had been in a collision, you can’t be liable. Third, if you weren’t the driver at the time (e.g. someone else borrowed your car and got into an accident), you can’t be liable.

Connect with the team here at the Kraut Law Group Criminal & DUI Lawyers, Inc. today to get help with a precise strategy to combat your misdemeanor Los Angeles DUI hit and run charges.

February 28, 2014

Did Your Son’s Friend Get a DUI in Los Angeles?

by Michael Kraut

This Los Angeles DUI blog spends a lot of time talking directly to offenders and direct relatives of offenders.

But what if you’re concerned about a person who isn’t in your family? What if one of your teenage son’s good friends, for instance, got arrested for driving under the influence? What then? What should you do? What CAN you do?

Obviously, the answer depends on the context of the arrest. For instance, did your son do anything illegal or not? Was he hurt? Did he supply the alcohol that the other young man drank? How many people were arrested? Did charges include drug possession, hit and run, resisting arrest, etc? If your son faces charges also, you’ll likely want to retain an effective Los Angeles criminal defense lawyer at your earliest convenience.

On the other hand, you might want to consider another subtle danger that has to do with your son’s peer group. As adolescent psychologists will tell you, peers can profoundly influence on one another. If your son, for instance, hangs out with kids who are driving DUI in Los Angeles and engaged in other criminal activity, he will be much more likely to ape that bad behavior and get in trouble himself. As a parent, you have only limited control over your child’s behavior and decisions. But if you can get your son to stop hanging around with kids who break the law, that’s a great idea.

Obviously not every kid who gets arrested is a “bad seed.” And even the most brilliant, moral, sober-minded people make mistakes and go through challenging times. So you shouldn’t necessarily be prejudiced just because of this one incident. However, in general, pay attention to the peer group’s influence, and respectfully steer your son towards people who exhibit values that resonate with you.

For practical, nuts and bolts help with your (or your son’s) underage Los Angeles DUI defense, look to Harvard Law School educated lawyer Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc.. Mr. Kraut spent more than 14 years in the District Attorney’s office, prosecuting crimes, so he has a compelling and unique viewpoint on criminal defense cases.
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February 26, 2014

Justin Bieber Turns Up His Nose at Plea Deal in DUI Case

by Michael Kraut

Let’s say you’re pulled over for a Los Angeles DUI, after drag-racing on Olympic (between Bundy and Lincoln) in a rented Lamborghini — all while allegedly under the influence of marijuana, prescription medications, and alcohol. What if the police offered you a plea deal? You can clear your DUI, if you submit to drug testing, serve some community service, and complete an alcohol education course. Would you take the deal?

Many people would. Many people, in fact, would consider that deal rather lenient, particularly in light of the fact that the very act of driving under the influence can, under certain circumstances, lead to punishments like months behind bars, a lengthy license suspension, spikes in your insurance rates (which can cost you thousands of dollars over several years), and so forth.

And that’s if you didn’t hurt anybody or aggravate the situation by resisting arrest or refusing a breath or blood test.

Nevertheless, 19 year-old pop icon, Justin Bieber, just rejected a similar plea deal, stemming from his January 23rd arrest for allegedly drag-racing a Lamborghini while DUI in Miami. TMZ reports that Bieber decided that he will “not accept any plea that has probation” because he and his legal team worry that the “Baby” singer’s probation will turn into a spectacle and attract a lot of unwanted media attention and damage his brand.

The Florida State Attorney had been prepared to drop Bieber’s charges of DUI and resisting arrest, had he only agreed to perform 40 hours of community service and undergo testing for substance abuse. (In addition, Bieber would have had to install an interlock ignition device (IID) in his car for just three months.) Per the deal, Bieber would have had to attend a Victim Impact Panel and listen to stories of victims of DUI driving.

The ever cheeky TMZ insinuated that Bieber’s latest song – Broken – contains lyrics that speak tellingly to his situation: “I cannot be broken/they can’t take what’s mine/someone like me is hard to find.”

Further complicating an already messy situation, reports suggest that Miami Police had taken a video of the pop star peeing in his jail cell after his DUI arrest. TMZ reported that a source told the online tabloid “the stumbling and going to the bathroom is obviously reason enough for his attorneys’ request for it to be sealed… if I was trying to paint a picture that my client was innocent… I wouldn’t want a video of him stumbling around and looking out of it to go public either.”

Bonus Information: What If You Refuse Your Chemical Test?

Before a DUI arrest, you cannot refuse a chemical test, if you’re on probation or if you’re under 21 years old.

After you’ve been arrested for DUI, you MUST submit to a blood or breath test, no matter who you are (i.e. even if you’re over 21 and you’re not on probation). If you’ve been arrested under suspicion of drug DUI, you need to submit to a urine test.

For help understanding the dynamic nature of your charges and developing an effective defense, connect with the team here at the Kraut Law Group Criminal & DUI Lawyers, Inc. today for a free, confidential consultation with Attorney Michael Kraut, a former deputy district attorney and Los Angeles DUI prosecutor.
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February 26, 2014

Finding Self-Compassion After Your Los Angeles DUI Arrest

by Michael Kraut

Your Los Angeles DUI charges have thrown your life totally out of balance. You’re not just worried about the immediate penalties – although you’d like to avoid jail time and losing your license, if possible. You’re also worried about the longer term ramifications for your life, career, and relationships.

•   If everyone at your office begins to think you of as a “DUI offender,” how will that affect your employment/promotion prospects?
•   Will people close to you forgive you, especially if you hurt someone while DUI?
•   Will you be able to move beyond the unfortunate event to build new relationships and enjoy life again?

The answers obviously depend on many factors, including:

•   The nature of your DUI crime (e.g. did you hurt someone while under the influence, or did you just get stopped at a checkpoint?);
•   Do you have other DUIs on your record?
•   Were you already struggling with career, relationship, money or self-esteem issues before the DUI?
•   How psychologically resilient are you?
•   Do you understand your potential DUI penalties and defense options?
•   Etc.

We live in a world where people like to categorize other people in black and white terms. He is either a “criminal” or an “upstanding citizen.” She is either “a good person” or “a bad person.” We create labels for other people and for ourselves, subconsciously and consciously. We do this despite the obvious reality that human beings fluctuate wildly, depending on variables such as our environment, level of sleep, cultural encoding, peer groups, financial stresses, age and life experience. In other words, we’re dynamic creatures who are trapped by our language to think of ourselves as more static than we really are.

This “cataloguing issue” causes problems in diverse areas of our lives, but it causes particular pain for DUI defendants. After all, when you start to use the language like “I’m a Los Angeles DUI defendant,” you begin to think of yourself as having certain attributes – a lack of ability to control behavior, a tendency to be wild, etc. Associations connected with the term “DUI driver” glom onto you. You start thinking of yourself that way, and people around you start to think of you that way. And that can be very damaging. The label obviously fails to represent, accurately, who you are, what you’re about, and even why you did what you did when you did it.

Finding compassion – and reframing your situation to reflect a more objective reality – is no small task. Fortunately, you do not have to go through this process by yourself. The experienced, ethical, and highly effective Los Angeles DUI criminal defense team at the Kraut Law Group Criminal & DUI Lawyers, Inc. is on your side to advise you about best practices.

February 20, 2014

Actor David Cassidy, of “Partridge Family” Fame, Charged with Los Angeles DUI

by Michael Kraut

Early this month, actor David Cassidy faced his Los Angeles DUI charges in court.

Police arrested the Florida resident at LAX in January. It was Cassidy’s third DUI arrest and his second in less than six months. Cassidy allegedly blew a 0.16% BAC on his breath test – twice the California limit.

Back in August 2013, police in New York arrested the actor and hit him with a felony DUI charge. Tragically, Cassidy had just finished a stint at rehab. His manager said the actor had felt overwhelmed after being deposed.

But Cassidy’s DUI trouble started way before that. In February 2011, he pled guilty to a misdemeanor DUI in Florida. He got off with a year’s probation and a relatively short (six month) license suspension. Police had stopped him on a Florida parkway, and he blew a 0.14% on a breath test. Police also said he had had a bottle of Bourbon open in his vehicle.

After this latest arrest, Cassidy released a statement from rehab: “this has been a very difficult time for me battling this deadly disease, like millions of others in our country. I will remain in treatment for as long as necessary, and I am getting the best care I can possibly get anywhere. I am working as hard as any human being to live a sober life.”

What happens when someone’s convicted a second time for DUI in Southern California?

If you’re convicted of DUI in CA twice within a 10 year period, you face mandatory jail time — up to six months! You will also need to spend a year and a half in alcohol school (up to 30 months, in some cases). The court can suspend your California driver’s license for two years and impose what’s known as “formal probation.” This means you’ll need to check in with a probation officer on a regular basis. Alternatively, you may face “informal probation.” This means you won’t have a probation officer, but you will need to hew to certain standards. You may also need to install (and pay for) an Interlock Ignition Device on your car and face massive fines, fees, and court costs – on top of a likely spike in your insurance rates.

To make sense out of your Los Angeles DUI charges, connect with the team here at the Kraut Law Group Criminal & DUI Lawyers, Inc. today for sensible, sensitive insight and a free consultation.
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February 17, 2014

Driver in Fatal Los Angeles DUI Collision [That Killed 6] Had Been Convicted of DUI

by Michael Kraut

We recently reported on a horrifying Los Angeles DUI story: 21-year-old Olivia Carolee Culbreath allegedly caused a three car accident in Diamond Bar, which killed six people.

California Highway Patrol authorities say Culbreath had been driving in excess of 100 miles per hour, when she crashed her 2013 Camaro on the 60 Freeway while driving the wrong way. It turns out that Culbreath has a checkered driving history. In April 2010, a San Bernardino juvenile court convicted her of DUI in a previous incident. Before she got her license reinstated in December 2011, officers hit her with two other traffic violations. The California Department of Motor Vehicles says the DMV had lifted Culbreath’s license restrictions just a week before the awful, fatal wreck.

Four people in the Ford Explorer she hit — Gregorio Megia Martinez (47), Laticia Ibarra (42), Ester Delgado, and Jessica Jasmine Megia (20) — died. Joel Cortez (57), the driver of the third car involved in the wreck, escaped with just minor injuries. His daughter, Emma Cortez, later told reporters: “he remembers seeing part of an engine that hit him, pushed him against the wall, completely crushing both sides of the car … in shock, the first thing he does is look around. There’s a freeway, two cars completely destroyed. And there are bodies on the floor without heads … this is something you’d see out of a movie.”

In California, certain DUI cases that lead to death can be prosecuted as “Watson Murders.” This charge is the equivalent of second degree murder. If convicted, you face a severe sentence – up to life behind bars. The prosecution must hit a high bar to achieve a conviction.

It’s rare for prosecutors to charge someone with a Watson Murder. The majority of these cases involve people who have been convicted of DUI previously. After you are convicted of a DUI, you must sign a statement — known as a Watson Advisement — in which you acknowledge that you understand that driving DUI can cause people to die.

Prosecutors must also prove that you had “implied malice.” This basically means that you knew the harms of DUI driving, yet you decided to drive DUI anyway; and then you killed someone while behind the wheel.

Whether you face an egregious charge, like Los Angeles DUI manslaughter or murder; or you face a more minor (but still anxiety producing) charge, like misdemeanor DUI, the team here at the Kraut Law Group Criminal & DUI Lawyers, Inc. can provide thorough, sensitive assistance.
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February 14, 2014

Be Grateful Your Los Angeles DUI Arrest Didn’t Happen in El Salvador…

by Michael Kraut

As someone who was recently arrested for DUI in Los Angeles, you’re feeling pretty down about your situation. California Vehicle Code Section 23512 spells out a variety of punishments — all unpleasant — that could be in your near-term future. These could include fines and fees, court costs, probation, alcohol school, suspension of your CA license, forced installation of an IID device in your car and, of course, jail time.

That’s all less than ideal.

That said, give serious thanks that you did not drive DUI in El Salvador. Why? Because in that country, first time DUI offenders can be punished by death by firing squad!

Let’s take a tour of other DUI punishments from around the world:

•   In the Southeast Asian country of Malaysia, the law of the land says that if you get caught for DUI, not only will you go to jail but your wife will to go to jail, too – even if she didn’t do anything wrong!
•   In South Africa, first time DUI offenders can get a decade long jail sentence on top of a fine equal to $10,000.
•   In Russia, authorities can revoke your driver’s license for life if you get a DUI.
•   In Turkey, if you’re busted for DUI, police can take you 20 miles beyond the town’s borders and march you back by foot via police escort.
•   Bulgaria is almost as intolerant of DUIs as El Salvador is — a second conviction results in execution. (For comparison, a second Los Angeles DUI conviction within 10 years results in escalated penalties as well. You might face a little more jail time, stricter probation terms, more alcohol school, and so forth. But odds are extremely low that you will be executed by firing squad.)
•   Scandinavian countries are also known for their extremely stringent anti-DUI laws. Sweden and Finland both punish the offense with a mandatory one-year jail sentence. In Norway, you lose your license for a year. Two offenses in five years leads to a Russia-style revocation of your driver’s license for life.
•   If you get convicted of Los Angeles DUI, you may find it difficult to travel to Mexico and Canada, both of which have laws on the books that allow Border Patrol agents to stop you from entering their countries if you have a DUI conviction on your record.
•   Even our “civilized friends” across the pond in England and France have tougher DUI laws than we have in the U.S. In France, you get a $1,000 fine, a whole year in jail and the loss of your driver’s license for three years.
•   In England, you get a $250 fine, a year license suspension and up to a year behind bars.

Of course, this article is not meant to convince you that you’re “all in the clear” just because you got arrested in the United States, where the laws are slightly more lenient. In fact, we still live in a relatively punitive society. Fortunately, the team here at the Kraut Law Group Criminal & DUI Lawyers, Inc. can help you come up with an effective, intelligent Los Angeles DUI defense strategy.
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February 13, 2014

Los Angeles DUI Crash Leads to 6 Deaths

by Michael Kraut

A horrendous Los Angeles DUI accident has left six people dead – including an entire family of four – and the 21-year-old female driver faces profound criminal charges.

Police allege that a young woman, , drove the wrong way on the 60 Freeway in Diamond Bar early Sunday morning, causing her to crash into two vehicles. Officials say that five women died (including the wrong way driver’s sister) and one man died. The driver of one of the vehicles involved in the collision — a Ford SUV — survived, as did Culbreath.

California Highway Patrol Spokesman, Rodrigo Jimenez, told reporters: “there are witnesses saying [Culbreath] was exceeding 100 miles per hour… we believe alcohol had something to do with this crash.”

Police took Culbreath to the hospital with a broken femur and ruptured bladder, and she was reported to be in stable condition. The accident caused a massive Sig-alert on the 60 for several hours, as authorities combed through the crash site to investigate what went wrong, how, and why.

In addition to felony Los Angeles DUI charges, Culbreath faces multiple counts of vehicular manslaughter. Prosecutors in vehicular manslaughter cases can often get quite heavy-handed and seek enormous and punitive sentences. Not all DUI attorneys know how to cultivate and develop appropriate defenses to such serious charges. The truth is that you may need to:

•   Find witnesses and take statements from them;
•   Pore over toxicology reports;
•   Interview experts in accident reconstruction;
•   Obtain other potentially pertinent evidence as soon as possible;
•   Even slight delays in the construction of your defense can make your case more challenging and complicate and weaken your defense.

You’re undoubtedly shaken up, disturbed, guilty, and potentially even physically injured. That said, you should waste no time constructing your Los Angeles DUI defense! Connect with Michael Kraut, a former senior level prosecutor who has handled many high profile serious criminal cases (from both the prosecutorial and defense vantages) today at the Kraut Law Group Criminal & DUI Lawyers, Inc..

February 10, 2014

Sheriff Accused of Driving DUI Rolls Over Pickup Truck with 4 Kids Inside…

by Michael Kraut

People who are intimately familiar with the dangers of Los Angeles DUI (or DUI anywhere) can still make horrendous mistakes – mistakes which can kill people and traumatize whole communities. Some people make bad mistakes, which, miraculously, do not lead to serious harm.

Fortunately for Utah Sheriff Lieutenant, Jake Adams, his recent DUI crash falls into the latter category.

The 39-year-old Adams, who’s worked at his local Sheriff’s Office since 1988, rolled over his Sheriff’s vehicle — a F150 pickup truck — with all four of his kids inside! According to the Utah Highway Patrol, Adams had been driving on Route 17 near the community of La Verkin at around 4:30 in the afternoon, when his vehicle suffered a “slow speed rollover.”

Todd Royce, a sergeant for the Utah Highway Patrol, reported on how the accident occurred: “Adams drifted off the right shoulder and then overcorrected back to the left. The truck left the roadway and went down a dirt embankment in a sideways slide.” The pickup then flipped onto its hood. Adams suffered a slight injury to his head (a red gash on his forehead), but the children (aged 8 to 14) remarkably made it through the incident without injury.

Police arrested the lieutenant for DUI as well as for making an unsafe lane change and carrying a gun while under the influence.

As Lieutenant Adams probably knows, the immediate hours and days after a DUI charge can be the most pivotal, from a legal point of view. Prosecutors often “jump the gun” and file DUI cases prematurely, prior to collecting enough evidence. An ex-prosecutor — with a thorough and detailed knowledge of how the government typically goes after DUI defendants — can advise you and make sure you follow best practices.

Understand that a California law enforcement agency may not file a DUI charge immediately. Just because you haven’t yet been charged doesn’t mean you’re in the clear. Police may just be doing a thorough investigation to amass as much evidence as possible before charging you.

No matter where you are in your “post Los Angeles DUI journey,” it can behoove you tremendously to connect with an experienced former prosecutor at the Kraut Law Group Criminal & DUI Lawyers, Inc. today to go over your defense options. Michael Kraut is a Harvard Law School educated attorney who’s racked up an impressive 99%-plus success record at jury trials. He maintains excellent relationships with his former prosecutorial colleagues as well as with judges and police officers in L.A. County.
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February 9, 2014

3 Common Los Angeles DUI Defense Mistakes

by Michael Kraut

You’re desperate to build an effective defense to recent Los Angeles DUI charges.

But if you’re like many (perhaps most) defendants, odds are you will make one of the following mistakes that could compromise your chances to fight your charges and potentially lead to unnecessarily long and harsh punishments, like excessive jail time, very steep fines and fees, a lengthy suspension of your California driver’s license, etc. That doesn’t even include all the auxiliary problems that will flow from the DUI arrest/conviction, such as drained self esteem, problems with your relationships and employer, and so forth.

Bearing all that in mind, here are three important blunders to avoid:

1. Blabbing about how much you drank to police.

Your instincts might be to “come clean” to the officer in the hope that he or she will show leniency. Or you might get defensive and deny wrongdoing: “I only had two or three drinks!” Don’t get into that business. Save your explanation for later.

2. Doing stupid things after the stop or accident.

For whatever reason, when people get stopped for DUI, they often lose touch with their senses and engage in wild behavior that puts them and others at risk. This appears to be a somewhat universal problem. (Consider actress Reese Witherspoon’s bizarrely aggressive behavior, after a Georgia trooper pulled over her husband, John Toth, for DUI in the summer of 2013.)

We’ve catalogued diverse examples of this phenomenon at work – drivers who hit and run; who resist arrest; who compound their humiliation by saying or doing totally ridiculous things during or after arrest, etc. The moral is: maintain your composure and dignity. Your behavior after the stop or arrest can have a measurable impact on your punishment (or lack of punishment) and thus on your future.

3. Waiting far too long to connect with a lawyer.

Whether you talk to someone at the Kraut Law Group Criminal & DUI Lawyers, Inc. or find another Los Angeles DUI lawyer that you trust and respect, get experienced insight into your case sooner than later.

Imagine if you had a heart problem. Would you wait days or weeks to call a doctor? Or would you get in touch with a doctor as soon as you could? When your health’s on the line, the choice is clear – you make the call as soon as possible. This same kind of logic applies to your DUI defense. Don’t wait to get insight into your case, so you can start making responsible decisions.