Driving Under the Influence of Alcohol

April 28, 2014

Donovan McNabb Spends a Day in Jail for 2013 DUI

You can be the most famous, revered person in America… and still face substantial Los Angeles DUI penalties. No one is above the law.

Case in point: consider that the fate of 37-year-old ex-NFL quarterback, Donovan McNabb, who recently completed a one-day jail sentence in Arizona for a 2013 DUI charge. Police pulled over the former QB on December 13 at the Salt River Pima-Maricopa Indian Community, near Phoenix. The police report said that McNabb had been driving 81 miles per hour in a 65 MPH zone at around 3 in the morning on the Loop 101 freeway.

At the time of arrest, the media did not publicize McNabb’s stop. So when the Maricopa County Sheriff’s office released the picture of the QB’s mug shot earlier in the week, the blogosphere (and mainstream media) jumped on the story.

According to reports, McNabb pled guilty on March 27 to the DUI… and got nine days shaved off of his sentence. Joe Arpaio, a local sheriff, said “I’ve had other high profile athletes who have been incarcerated with no problems, and this latest athlete follows that same pattern.”

McNabb was best known as the “Eagle’s Quarterback,” who led Philadelphia to a string of five incredible seasons from 2001 to 2005. From 2001-2004, he took the Eagles to the NFC championship game. In 2005, the Eagles made it to the Super Bowl but lost to the Patriots, 24-21. While in the twilight of the career, McNabb also played for the Redskins (2010) and Vikings (2011) before calling it quits. He now co-hosts a Phoenix radio talk show. His new employers wrote: “We have discussed this situation with Donovan at length, and we’re convinced that he understands the gravity of his offense and is sufficiently contrite. The legal process has been concluded and we plan no further disciplinary action at this time.”

The resolution of McNabb’s case brings up the critical issue of expungement. With a DUI on your record, you may find it harder to get hired. An expungement can reduce the likelihood that you will face enhanced charges, if you ever get arrested again for DUI or other charges.

California statutes set the criteria for expungement, and these criteria can be complex and dynamic. For assistance trying to develop a defense against a Los Angeles DUI charge or expunging a charge from your record, call attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today to schedule your free consultation.
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April 7, 2014

“2 Drunk 2 Care” Tweeter Hit with Multiple DUI Manslaughter Charges

by Michael Kraut

It’s a case that bares eerie and unsettling parallels with 20 year-old Oliver Culbreath’s recent fatal Los Angeles DUI crash on the 60 freeway.

21 year-old Kayla Mendoza faces an array of charges, pursuant to a fatal accident that rocked Florida 5 months ago on the Sawgrass Expressway. Prior to the crash that claimed the lives of two young women, Marisa Catronio and Kaitlyn Ferrante, Mendoza allegedly sent out a tweet that she was “2 Drunk 2 Care.”

Mendoza recently appeared before Circuit Judge John Hurley to face two counts of DUI manslaughter due to impairment, two counts of vehicle homicide, two counts of driving without a license causing death, and two other counts of DUI manslaughter (with unlawful BAC).

Judge Hurley set Mendoza’s bond at $600,000. Even if she makes that bond, she must to stay under house arrest and may not leave Broward County. The families of the two victims showed up in court to watch the process. Catronio’s father expressed his outrage: “she changed the lives of our family forever… You took my baby girl. You took my wife’s best friend. You made bad decisions that night. The right decision was to have a friend to drive you home.”

Ferrante’s sister, Ashley, also wanted justice. She said “she made her bad and she has to lie in this now.” The families of both victims are suing the Tijuana Taxi Company for furnishing alcohol to then 20-year-old Mendoza. The lawsuit says “throughout the evening of November 16, 2013, and the early morning hours of November 17, 2013, Tijuana Taxi Company, willfully sold and furnished alcohol beverages to Mendoza, a minor not of the lawful drinking age.”

California law also is very strict on minors who drive DUI. Per California Vehicle Code Section 23136, a minor under the age of 21 who has BAC of just 0.01% or more can lose her driver’s license for a full year or face a full year delay in obtaining a license. This BAC level is extremely low – 8 times less than the legal limit for adults, 0.08%, as defined by CVC 23152.

If you are a minor who needs to defend against a Los Angeles DUI charge – or if you are the parent of someone who needs good legal assistance – consider calling the Kraut Criminal & DUI Lawyers to schedule an immediate and free confidential case consultation. Mr. Kraut is a former senior level city prosecutor who is renowned for providing excellent, fair, and ethical defense services.
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April 4, 2014

Los Angeles DUI Arrest Nets Actor David Cassidy Five Years Probation and Mandatory Rehab

by Michael Kraut

Last Monday, actor David Cassidy pled no contest to charges that he had driven DUI in Los Angeles back in January near LAX. The former teen star was sentenced to 60 months’ probation and 90 days live-in rehabilitation. The 63-year-old actor will also have to pay fines and attend a nine month alcohol education class.

Ironically, Cassidy had been in town to deal with legal business – he is suing Sony Pictures Television for money he claimed that the company owed him for merchandizing his image. Cassidy’s manager said that the stress of being deposed led him to fall off the wagon and drink.

Cassidy’s DUI was not his first brush with law enforcement.

Last August, police arrested him in upstate New York for a felony DUI. Investigators report that plea deals were being worked out in that case, and Cassidy will most likely plead guilty to a misdemeanor DUI.

Prior to even that, the Partridge Family actor got arrested fro DUI in November 2010 in Florida — he allegedly blew 0.14 percent on a BAC test (nearly twice the Southern California legal limit). In 2012, he pled no contest to these charges, lost his license for six months, and faced a year of probation.

Cassidy’s situation brings up an interesting point: what happens when you try to “plea down” your DUI charges? What does that actually mean?

The California Vehicle Code identifies two major reduced charges – “wet reckless” and “dry reckless.”

California Vehicle Code Section 23103 and 23103.5 define the charges and their punishments. “Wet reckless” is a driving offense in which alcohol plays a role (hence the word “wet”). It is not as serious as a DUI. You don’t get a license suspension imposed by the court (although the DMV can still suspend your license). It comes with little or no jail time and lower fines.

A “dry reckless” is an even lesser charge. Effectively, it’s just reckless driving. This is even better, because it reflects less on insurance premiums, and it cannot be used to enhance your sentence, if you ever get charged again for DUI.

Los Angeles DUI defense attorney Michael Kraut of the Kraut Criminal & DUI Lawyers would be happy to discuss your case. Mr. Kraut is a former prosecutor (Harvard Law School educated) who is renowned for providing excellent service for his clients and for maintaining extensive connections with judges, police officers, and former prosecutorial colleagues.

April 1, 2014

Colorado Man Might Face First Degree Murder Charges for DUI Death

by Michael Kraut

If you’ve been arrested on a Los Angeles DUI charge, odds are that you’re probably facing a relatively minor (but still serious) charge, such as misdemeanor DUI. If your case is extreme – for instance if you hurt someone – you might face a felony. This is a very serious charge that can lead to over a year behind bars.

However, unless your situation is very intense, you probably won’t face a first degree murder charge.

Not so for Ever Olivos-Gutierrez, a native Mexico living in Colorado, who hit and killed a man last Monday morning. Authorities say Olivos-Gutierrez ran a stop light and smashed his Ford Expedition into a Chevy Camaro driven by Juan Carlos Dominguez-Palomino, killing the 17-year-old on the scene. Olivos-Gutierrez then fled the crash, but police tracked him down. Per the arrest affidavit, he tested over four times the legal limit for DUI.

Prior to the fatal crash, Olivos-Gutierrez had been arrested multiple times on DUI-related charges and other traffic incidents. Approximately half of his arrests and offenses happened when he was living in the United States illegally – he never had a Colorado driver’s license.

Authorities say that his fatal wreck last week mirrored a similar crash in September 2008, when an illegal immigrant named Francis Hernandez hit a pickup truck while DUI — driving 80 miles per hour — on a street in Aurora. The force of the accident thrust the truck into a nearby ice-cream shop, where it killed a 3-year-old boy and two women who had been eating inside.

Despite the fact that Olivos-Gutierrez had been arrested twice for DUI – once in 2000 and once in 2007 — and that he committed multiple driving offenses and infractions, while driving without a license and living in the country illegally — he served less than a year of jail time. Immigration and Customs Enforcement (ICE) only had documentation of one of his arrests. (When the Denver Post reported on this story, officials from ICE did not comment.)

Recently, in California, our Supreme Court decided to give the green light to prosecutors to pursue DUI murder charges – also known as Watson Murders. This charge is a second degree murder charge, and it can be punished by up to life in prison. Part of what makes this charge particularly strong is that it contains an element of what’s known as “implied malice” – i.e., the driver clearly understood the dangerous risks of his actions but engaged in bad behavior anyway and then killed somebody. After you have been convicted of a DUI, you need to sign a statement known as a Watson Advisement that acknowledges that you understand how dangerous DUI driving can be.

For help unpacking your Los Angeles DUI defense, connect with attorney Michael Kraut. Mr. Kraut is a former prosecutor (Deputy District Attorney). He has appeared on Good Morning America and written in the Los Angeles Times and The New York Times about DUI cases in the news.
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March 26, 2014

KPCC Reports on Spike in Female DUI Arrests in Los Angeles and California

by Michael Kraut

Reporting for KPCC, journalist Erica Aguilar recently published a “deep dive” examination into female DUI arrests in Los Angeles. Her two-part series is obviously well worth read.

Let’s examine a few key themes she discusses in her article. The information will probably shock you!

Aguilar opens by quoting Rosemary Earl, a juror who helped to convict a 38-year-old woman of second degree murder, after the woman hit and killed two other women while DUI and then fled the scene. Earl told KPCC: “I put someone in jail, and it impacts me … she took two lives that destroyed a lot of other people’s lives.”

KPCC analyzed two decades of DMV data and found that the number of female DUI arrests has gone up – both across the state and here in LA – for reasons that are befuddling to the experts. Stephen Bloch, a researcher at the Automobile Club of Southern California, told KPCC: “[The number of female DUI arrests] was somewhat stable in the 1980s, and then began to go up and just accelerated, particularly from 1999 to 2011.”

Meanwhile, the number of male DUIs fell during that same period.

Another analyst noted: “We don’t know if more women are drinking and driving … all we do know is that more women are being arrested.”

So why is this all happening?

One spokesperson for the Los Angeles County Sheriff’s Department suggested that an improvement in deputy and officer training could potentially explain the findings. For instance, around 2008, CHP began a concerted, aggressive push to bust drivers for driving under the influence. DUI arrests soon went up. But this doesn’t explain why MALE arrests went down during this time, while FEMALE arrests went up.

Another theory suggests that police have been getting better at identifying drivers who are not just DUI but also under the influence of prescription medications. Potentially, more women than men mix prescription drugs with alcohol. This might explain the discrepancy.

Yet another explanation is purely demographic. More and more women are entering the workforce. Thus, more and more women are driving, instead of staying at home and attending to kids. The surge in female DUI arrests, in other words, has nothing to do with enforcement and everything to do with the fact that the subset of female population that always been more inclined to drive DUI has increased due to socioeconomic and cultural factors.

Whether or not researchers will ever really understand the “big picture” stuff driving this peculiar trend – perhaps the numbers are just a statistical artifact? – you want urgent help with your Los Angeles DUI defense.

Contact attorney Michael Kraut of the Kraut Criminal & DUI Lawyers right now for ethical, thorough, and highly strategic assistance with your case.
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March 19, 2014

Kate Major, Girlfriend of Michael Lohan, Busted for DUI — Dashcam Video Shows Her Crying… a Lot

by Michael Kraut

One of the worst aspects of being arrested for DUI in Los Angeles is the fact that your private moments of weakness can suddenly turn into viral video hits, causing obvious humiliation and potential damage to your brand and future employment and relationship possibilities.

Of course, online tabloids, like TMZ, have no problem putting up such embarrassing videos – especially of celebrities – to generate hits and traffic. To wit, TMZ just published dashcam footage featuring Michael Lohan’s girlfriend, Kate Major, crying to a police officer after being pulled over on suspicion of DUI near her house in Florida. Allegedly, Lohan and Major had been involved in a “blowout argument” (per TMZ). Lohan is father of the famous (or, perhaps, “infamous”) actress Lindsay Lohan. He and Major have a young child together.

After their “blowout,” Major allegedly got behind the wheel. She didn’t make it far – she crashed. A police report says that Major had serious difficulty with her field sobriety tests. She “missed the tip of her nose on her second, third, fourth, and fifth attempts. Touched on her nostril on the second, third, and fourth attempt, touching the space between her nose and upper lip in the fifth attempt.”

She also didn’t do much better when it came to reciting her ABCs: “on her first attempt, she gave the sequence L M X twice and spoke at a really fast pace. On her second attempt, she did not keep her eyes closed and got stuck on the letter V. Major was never able to recite the alphabet A to Z.”

Police say that her BAC was an astonishing 0.243%. For those of you who are keeping at track at home, that’s more than triple the legal limit for DUI in Southern California, as defined by CVC Section 23152. In addition to facing a DUI charge, she also faces a charge of battery for her fisticuffs with Lohan. Her bail was set at $16,000.

Major’s arrest gives us a good segue to discuss the key field sobriety tests used by Southern California police officers to determine DUI:

•   The horizontal gaze nystagmus test. An officer looks into your eyes to see whether you can follow a prompt. A long lag time could indicate DUI.
•   Walk the line test. You’re asked to walk nine paces in both directions on a white line (such as painted line on the road). Loss of balance indicates possible DUI.
•   One leg stand test. An officer will ask you to lift a leg and stand on one foot for 30 seconds. Loss of balance or coordination might indicate DUI.
•   Rhomberg test. You will be asked to tilt your head backwards and count up to 30. Again, loss of balance could indicate DUI.

If you failed your field sobriety tests and got arrested for DUI in Los Angeles, connect with Attorney Michael Kraut today for a free, confidential consultation about your possible next steps. Mr. Kraut is a former prosecutor with an excellent track record (99% plus success rate at jury trials, for instance) and many connections in the Los Angeles criminal defense community.
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March 12, 2014

Horrific Alaska Tale: Driver Suspected of DUI Shot and Killed, After He Failed to Stop

by Michael Kraut

When Los Angeles DUI stops “go wrong,” the consequences can be awful, even occasionally fatal.

Consider the following “worst case scenario” out of Wasilla, Alaska: local authorities say that an Alaska State Trooper shot and skilled a suspected DUI driver. According to reports, police stopped the vehicle north of Parks Highway, after troopers received a report that a DUI driver had been driving near the city limits of Wasilla.

Police tried to pull the vehicle over, but the driver wouldn’t stop. The trooper opened fire and shot at the driver. Authorities pronounced the driver dead on the scene. Another passenger was injured by the gunfire. Fortunately, the passenger’s injuries were not life threatening.

The shooting occurred near a Wal-Mart, east of the main section of the city, near a development called “Whispering Woods.” One local resident claimed that she heard “a lot of sirens” fired by a volley of gun shots. The debris left by the exchange included spray paint and shattered glass.

The last time a Wasilla police officer had needed to use a gun was way back in 2008. (Los Angeles Police, meanwhile, deal with gunfire virtually every day.)

Fortunately, tragedies like what happened up in Wasilla over the weekend are few and far between. However, altercations between DUI suspects and police do happen regularly. Many people, for instance, refuse to submit to a breath or blood test – prompting an arrest and charges per CVC Section 23152 (A) (for the DUI) and per CVC 23612 (for refusing the breath/blood test).

An officer must have probable cause to stop and search you, per the Fourth Amendment to the U.S. Constitution. If an officer cannot simply and clearly articulate why he (or she) stopped you and asked you to take a DUI test, the test may be rendered mood, for legal purposes. You will need to ask for a hearing per Penal Code Section 1538.5.

For technical help dealing with this issue (or with any other aspect of your Los Angeles DUI defense), call the team here at the Kraut Criminal & DUI Lawyers today for a free and systematic consultation.
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March 9, 2014

Beyond Mr. Checkpoint: How Else Can You Avert a Los Angeles DUI Charge?

by Michael Kraut

Recently, we discussed a controversial tool that’s divided the Los Angeles DUI community: a popular cell phone app called “Mr. Checkpoint.”

Mr. Checkpoint alerts drivers in real time to the presence of checkpoints throughout the Southland. The app has bloomed into a social media sensation. Sennett Devermont — the man who created the app — recently told the LA Weekly about his very peculiar experiences with DUI law. Devermont claims that one arrest led to his car’s impoundment, and police then took his two dogs to the pound. (Blood tests later totally cleared Devermont of wrongdoing.)

Rightly or wrongly, many Southlanders may be tempted to use Mr. Checkpoint to avoid police traps. But what other tools/strategies can drivers use to protect themselves from DUI arrests?

Here are four:

1. Plan ahead.

Every partygoer knows the rule: when you drink, arrange alternative transportation, such as a designated driver or a taxi cab. That’s sound, good advice. But this advice of “plan ahead” should be construed in a broader sense, too: become a student of your habits and proclivities.

When do you make bad decisions? What people influence you badly? When and why do you behave impulsively or recklessly? Understand your own idiosyncrasies. Pay attention to them.

2. Err on the side of caution.

If you have to ask yourself whether you’re at risk of driving DUI, just assume that you are. Be conservative. It just makes sense.

Think about it. Let’s say you’re technically at 0.04% BAC — half the legal limit, as defined by California Vehicle Code 23152. You decide to “ruin your night” and avoid following your friends to the next club. The next morning, you spend $50 to take a cab back to your car. Are those things inconvenient? Sure. But they pale in comparison to what could happen if you actually HAD BEEN over the limit — punishments could include jail time, fines, license suspension, the potential that you could seriously hurt or kill yourself or someone else, the list goes on. You don’t have to be a genius actuary to see the risk imbalance there.

3. Come up with simple rules to follow about drinking and partying.

Simple rules are easy to follow and easy to remember. Don’t overcomplicate or overthink this.

4. Deal with your current DUI.

If you’ve been arrested recently for a crime like DUI in Los Angeles, get in touch with an attorney at the Kraut Criminal & DUI Lawyers for sensible, sensitive insight into your case.
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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 Criminal & DUI Lawyers is on your side to advise you about best practices.

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 Criminal & DUI Lawyers.