DUI Accidents

February 28, 2011

Pasadena DUI Gossip: Juicy DUI Stories from Last Week

Let’s face it: Most Pasadena DUI stops involve work-a-day misdemeanors – generally well-meaning folks who make errors in judgment or take undue risks. But sometimes, stories about DUI in Burbank, DUI in Pasadena, DUI in Los Angeles, and Glendale DUI take turns for the bizarre, spectacular, or simply queer. In this blog post, we will take a look at two standout DUI stories from last week and explore resources to help defendants develop better road habits and equip themselves with a proper legal defense.

Story Number 1: Beware the Ice-Cream Man
We all know that kids love the ice cream truck and parents fear it because ice-cream contains gobs of sugar, which has long been associated with obesity, diabetes, and a host of other health problems. But a Tampa Bay ice-cream truck proved unusually dangerous last week for a totally different reason. On Monday afternoon, the police pulled over a Sub-Zero ice-cream truck in Tampa Bay driven by 49-year-old Ronald Purdy, after Purdy nearly plowed into a child awaiting his tasty treats. Deputies who arrived at the scene tested Purdy to have a blood alcohol constitution of 0.227% and found two open bottles of whisky in his truck. Yikes.

Story Number 2: Real housewives get in real big trouble
Star Magazine reports that Marysol Patton, a 44-year-old star of the Real Housewives of Miami, was arrested in January 2010 for DUI in Miami Beach. Patton’s mother, Elsa, also got arrested in 2010 for DUI (October). The 76-year-old pled not guilty and got her charge dismissed, when the officer who pulled over failed to show up. Meanwhile, Marysol and her mom had even more company – Philippe Pautesta, Marysol’s boyfriend, also got charged with DUI last year and drove away from the scene of an accident.

The ice-cream truck story and the story about the Real Housewives’ DUI mess suggests that many people might still be confused about what exactly constitutes the crime of driving under the influence. If you have one drink, does that make you too intoxicated to drive? What about two? Three? Clearly, four would…right? The answer has less to do with the number of drinks you have than your degree of impairment and your blood alcohol concentration.

California Vehicle Code Sections 23152 (a) and 23152 (b) define the crime of driving under the influence in Pasadena (and elsewhere in California) and spell out the penalties that offenders will face. If you are too impaired by drugs or alcohol to drive, you violate 23152 (a). If your blood alcohol concentration is greater than 0.08%, you violate 23152 (b). Do note that ice-cream truck driver Ronald Purdy allegedly had a BAC of more than 0.22% – nearly three times the CA limit.

Discussing your DUI case with an experienced Los Angeles criminal defense attorney is a smart and probably necessary first step for you, if you face charges. Get in touch with the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) to set up a free case evaluation to build your Pasadena DUI defense. Mr. Michael Kraut has a fantastic record at jury trails – a 99% success rate – and he is a former prosecutor who has a Harvard Law School education. In other words, he has both formidable credentials and proven “on the ground” results. Let him help you figure out your best next steps.

February 23, 2011

Los Angeles DUI Sports News: Ex-Dolphin Rams Driver on I-95, Says Florida Police

by Michael Kraut

Last week, the Florida Highway Patrol arrested Bob Kuechenberg, a 6 time Pro Bowler for the Miami Dolphins, after he allegedly slammed into another car on I-95 and tested to have a blood alcohol concentration of 0.12%.

Sports related stories about driving under the influence in Los Angeles (and elsewhere) seem to be popping up everywhere: last week, not only did Kuechenberg get busted for DUI, but Michael Bush of the Oakland Raiders also got tagged for DUI near Louisville. (More on that in a separate blog post.)

If you or someone close to you got stopped and charged recently with Burbank DUI, DUI in Pasadena, DUI in Los Angeles or DUI in Glendale, you may feel more than a little bit of empathy for the 63-year-old Kuechenberg. According to an AP report, the former Dolphin drove his 2002 Volvo into another car during a lane change on I-95. Although Kuechenberg now faces DUI charges as well as charges of making an improper lane change and damaging property, no one was apparently injured in the crash, fortunately. The Broward Sheriff’s office reported Sunday that Kuechenberg posted his bond of $2,000.

No one suffered serious injuries during Kuechenberg’s crash. But what happens when someone does get arrested for DUI with injury in Los Angeles?

Typically, misdemeanor DUI drivers face charges pursuant to California Vehicle Code Section 23152. This section is split-up into two parts:

23152(a) outlines what it means to be driving while impaired by alcohol or drugs and sets out a cascade of punishments.

23152(b) defines the crime in a slightly different way – more quantitative. According to this measure, anyone who drives a motor vehicle with a blood alcohol concentration higher than the state’s limit of 0.08% can be arrested and charged with a serious crime.

When injuries occur during a DUI situation, prosecutors may try to elevate your charges and convict you under California Vehicle Code Section 23153.

Going from 23152 to 23153 means that what might ordinarily be a misdemeanor can be charged as a felony. A felony, as you probably know, is a much more serious crime than a misdemeanor; if convicted of hurting someone while DUI, you could face extended jail time, a loss of your right to vote, and a whole panoply of additional restrictions, fines, and other long-term encumbrances.

A skilled Los Angeles criminal defense attorney can fight back against a Los Angeles DUI with injury charge. For instance, upon deeply probing the evidence, your attorney may realize that, while you did hurt another driver or a pedestrian during an accident, the other driver actually caused the problem by veering into your lane or ignoring traffic rules.

In this case, even though you were DUI, since the other person caused the problem, the prosecutors will likely have a very hard time pinning a felony charge on you.

All that said, time is of the essence. Connect with a Harvard Law School educated ex-city prosecutor, Michael Kraut, of the Kraut Criminal & DUI Lawyers, for a confidential and comprehensive evaluation of your case. Attorney Kraut’s Los Angeles offices are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028.

February 21, 2011

Pasadena DUI Sports Spotlight – Raiders Runningback’s DUI Charge Tops Off a Bad Weekend for the NFL

by Michael Kraut

Scan the weekly headlines for Pasadena DUI, celebrity DUI, and other related posts, and chances are that you will see a surprisingly large number of sports related arrests, injuries, and other bad news — particularly related to NFL players.

While national DUI-related news, like Lindsay Lohan’s recent grand theft felony charge, captures the public’s imagination, in terms of sheer numbers, it seems like the sport stars have the celebrities beat, hands down.

NFL players, in particular, seem to have a passion for getting arrested for DUI in Burbank, DUI in Pasadena, DUI in Glendale, DUI in Los Angeles, and DUI just about anywhere else. Case in point: 26-year-old Michael Bush, a runningback for the Oakland Raiders, got nabbed for DUI in Indiana last Saturday morning in Jeffersonville (just outside of Louisville). Drafted by the Raiders in 2007, Bush came into his own last season, netting 8 touchdowns and 655 yards rushed. (Sports journalists believe Bush will become a free agent during offseason.)

According to reports, Bush spent the night in Clark County Jail and got out at 1 pm the next day on his own recognizance.

As this blog has reported elsewhere, Bush’s DUI was just the tip of the iceberg in terms of NFL-related troubles last week:

• Brandon Banks, a kick returner for the Redskins, got stabbed that same evening in a nightclub in downtown, Washington D.C.
• Meanwhile, Bank’s teammate, Albert Haynesworth, got officially charged with misdemeanor assault for a road rage incident that occurred on February 2nd in nearby Reston, Virginia.
• Bob Kuechenberg, a 63-year-old former Dolphin, also got arrested last Saturday night for DUI after sideswiping a car on I-95 in Florida.

All of these arrests raise an interesting question: what are DUI penalties for multiple Pasadena DUI convictions?

In California, convicted DUI drivers face escalating punishments whenever they violate the law and/or the terms of their probation. For instance, a standard misdemeanor DUI charge might net you a court imposed probation, a minimum alcohol school time, suspension of your license, a fine, and two full days of jail custody (six months maximum).

Does this sound scary? Note that it is just a starting point! If you injure someone during just DUI, prosecutors can hit you with a felony instead of just a misdemeanor, and your punishments will go way up, accordingly. Alternatively, if you get pulled over for a second, third, or fourth time for a Pasadena DUI within a 10-year period, the court will get increasingly harsh with you.

For instance, as we just discussed, a first misdemeanor Pasadena DUI will net you 48 hours behind bars – certainly an unpleasant development. But a THIRD time DUI misdemeanor within 10 years will give you a mandatory minimum of 120 days behind bars. That’s approximately four months!

Given the urgent legal crisis in your life, it behooves you to retain a high caliber Los Angeles criminal defense attorney as quickly as possible. The Kraut Criminal & DUI Lawyers (located in Pasadena at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) is an excellent, proven resource. Head attorney Michael Kraut served as a former prosecutor for the city for a long time (over 14 years), during which he successfully prosecuted many DUI cases. He now uses his experience working for the other side to help his defense clients.

Mr. Kraut is a Harvard Law School educated attorney with an excellent reputation among his peers and a track record for success, even in highly complex cases.

February 4, 2011

Pasadena DUI Story of the Week: Trooper Arrested for DUI for Hitting Other Cop

by Michael Kraut

Okay, although this is not exactly a Pasadena DUI case – it happened in the small town of Warwick, Rhode Island – but the sheer zaniness and coincidence of it all merits a blip on this blog’s radar.

If you’ve been pulled over for Glendale DUI, Pasadena DUI, Burbank DUI, or DUI in Los Angeles or elsewhere, chances are that you are not an active duty state police stripper — and at the very least, you didn’t hit a fellow police officer.

The same cannot be said of 23-year old Brendan Palmer, who got arrested last Sunday in Rhode Island after crashing into Providence police officer, Brian Auclair, who was in uniform at the time. Local Rhode Island Captain Raymond Gallucci said that Palmer took a blood alcohol test and blew a 0.184% on the breathalyzer. To put that in perspective, a DUI in Southern California reading would be just 0.08%. So Palmer blew a reading that was well over twice the Los Angeles DUI limit.

According to reports, Palmer has been “suspended with pay pending the outcome of his case and an internal investigation.” The 23-year old is a relative rookie – he has been with the Rhode Island police for only just over a year – and while it’s unclear how much more press this case of officer-on-officer DUI will get in the blogosphere, the matter serves as an interesting jumping off point for a discussion about breathalyzer tests in general.

Say you got pulled over for driving under the influence in Pasadena and asked to take a breathalyzer test. And let’s just say that you blew a reading similar to Palmer’s – a 0.16% — more than twice the acceptable limit, according to California Vehicle Code Section 23152 (b).

In this situation, most likely, you would be arrested.

But is the breathalyzer as accurate as most people (and most police officers) believe? It seems like it should be, right? After all, the breathalyzer is a very simple and straight forward device. You blow into it. A device in the machine looks for chemical signatures of alcohol. Simple. Straight forward. So how can you argue with the results?

Actually, there are many technical (and non-technical) arguments you can make against a Pasadena breathalyzer DUI positive. For starters, did you know that the depth with which you blow into the machine can radically influence the machine’s readings? Thus, if you blow just a little bit into the machine, you will blow a low number. If you blow a normal amount, you will blow a higher number. And if you blow very deeply – a deep chest breath – you may actually blow a reading that’s substantially higher than your actual blood alcohol concentration!

Police officers who administer this test know this, and they’ll often ask suspects to blow deeply into the machines. Is this fair? That’s up to the public to judge. But it does happen, and it’s something to be aware of.

Another point of dispute might be that men and women process alcohol differently. Diabetics process alcohol differently than non-diabetics and produce chemicals that can skew breathalyzer readings. Police officer administrators often don’t “zero out” these machines properly. Other chemicals on your breath or person can yield false readings. And on and on.

Unfortunately, unless you work with a qualified Los Angeles criminal defense attorney – who has serious experience helping Pasadena DUI suspects defend against these charges – you might never uncover these potential defenses.

Fortunately, you have the option of connecting today with the Kraut Criminal & DUI Lawyers at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Mr. Michael Kraut is a Harvard educated former LA City prosecutor who has an excellent track record and who has deep and effective associations with the Los Angeles DUI legal community.

January 31, 2011

Burbank DUI Nightmare Tragedy Avoided by Sheer Chance

by Michael Kraut

What could have been a horrifically bloody Los Angeles DUI story fortunately ended with just a minor fender-bender and an arrest. Last week, a man apparently under the influence of alcohol pulled his car onto some railroad tracks parallel to San Fernando Road and fell asleep – literally with his car striding the tracks. Sure enough, at around 1:15 in the morning, a Union Pacific freight train came barreling along and smashed into the vehicle. Fortunately for the unconscious driver, the freight train hit the car at such an angle that it spun off the tracks and whipped around. Local Sergeant Jim Reed (of Foothill Station) noted that “(the driver) wasn’t injured at all.” Amazing.

Drivers arrested for Burbank DUI, Glendale DUI, DUI in Pasadena, or DUI in Los Angeles are often lucky to be stopped before they get into a crash or hurt themselves or others. And sometimes, sheer luck prevents tragedies.

When many people imagine a driver falling asleep on a train track, they perhaps conjure up images of someone who has consumed bucket-loads of pills and alcohol. This brings up an interesting issue. Many people realize that driving under the influence of alcohol is wrong. But did you know that driving under the influence of drugs — including prescription pain medications and OTC drugs – can not only be as dangerous as (or even more dangerous than) driving under the influence of alcohol but that California Vehicle Code Section 23152 (a) considers such action a criminal offense? Even if you have a doctor’s order to take a medication – or you are taking an over-the-counter drug – you can be arrested and charged for a DUI drug crime. Officers may not use a breathalyzer test on you. You might be subjected to a blood or urine test, however.

The good news, from a defendant’s point of view, is that a Burbank DUI drug charge is actually harder to prove than a DUI alcohol charge. But a conviction can result in a jail time, major fines, license suspension, loss of security clearance at your job, points on your license, and indirect but substantial problems, such as a likely hike in your insurance rates.

To respond smartly and efficiently to these charges, you should almost certainly talk to an experienced Los Angeles criminal defense attorney. Burbank DUI attorney Michael Kraut (located at 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) has the knowledge, wherewithal, record of success, and in-house resources to provide you with a peerless defense. Mr. Kraut is no stranger to drug and DUI cases. Prior to becoming a criminal defense lawyer, he served as a prosecutor for the City of Los Angeles – more than 14 years as a Deputy DA – and he also brings his Harvard Law School education and high level connections to bear to help defendants get their best possible outcomes.

December 29, 2010

Long Beach DUI Roundup: Several Minor Celebrities Busted for DUI Right before Christmas

by Michael Kraut

Driving under the influence in Long Beach (or anywhere else in California, for that matter) can result in fatal injuries as well as manifold penalties to drivers caught and convicted. Unfortunately, despite massive multi-million dollar educational campaigns, DUI continues to be a serious problem throughout the southland and beyond.

Those of you out there who have recently been charged with driving under the influence in Pasadena, DUI in Burbank, DUI in Glendale, or DUI in Los Angeles – or who have a relative who faces charges – likely want to understand celebrity DUI stories not just at a surface level but also at a deeper level. Namely, you want to know how the law gets applied to unclear or tricky DUI situations, and you want reliable resources to deal with your legal challenges.

Let’s look at three newsworthy celebrity DUI arrests that happened in the days leading up to Christmas Eve 2010:

#1. Aaron Douglas, University of Alabama football hero.

According to Maryville, Tennessee’s The Daily News, University of Alabama football protégé, Aaron Douglas, got stopped for driving erratically and blowing through a stop sign. After refusing a blood alcohol test and doing “extremely poorly” on field sobriety tests (FSTs), he got arrested and charged with DUI. Douglas’s hearing will be held on 12/29 in Blount County.

#2. Ignacio De La Fuente, Oakland City Councilman.

In Oakland, City Councilman Ignacio De La Fuente got pulled over on the 880, an Oakland area freeway. De La Fuente had been pulled over just for speeding, but the CHP officer suspected him of DUI and subjected him to field sobriety tests, which he failed.

#3. Sergio Kindle, Baltimore Ravens player.

23-year-old Sergio Kindle, a rookie with the Baltimore Ravens, got slapped with a DUI charge after an officer saw him weaving around on Route 1. The former University of Texas phenom had to make a $10,000 bond, and his football future has been cast into further doubt by the incident. (The Ravens did recover from Kindle’s arrest; hours later, they beat the Cleveland Browns 20-10 to clinch a berth in the 2010 playoffs.)

In all of these three minor celebrity arrests, suspects faced “field sobriety tests” (also referred to as FSTs). In Long Beach, if you are pulled over under suspicion of driving under the influence, a police officer will administer a series of physical and mental examinations. These will include (but may not be limited to):

• Finger to the nose test
• Rhomberg test
• One leg stand test
• Walk the line test
• Horizontal gaze nystagmus test
• Count backwards or recite the alphabet backwards
• Other tests of your physical and mental acumen

Officers will also look for so-called “symptoms” of a Long Beach DUI – such as bloodshot eyes, odor of alcohol on your person, or your admission to having consumed intoxicants – to assemble enough probable cause to make an arrest.

Once you have been charged, your actions – including your choice of attorney – can have a profound influence on your future and financial well-being. A Long Beach criminal defense attorney, such as Mr. Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers, can be instrumental in designing and executing a sound and sturdy rebuttal to the prosecutor’s charges.

As a Harvard Law School educated former LA prosecutor, Mr. Kraut has the wherewithal, resources, knowledge, and intuition for the system to deliver precisely the kind of defense you need.

December 15, 2010

Los Angeles DUI News has Amazing Breakthrough: Suspect Accused of DUI Falls Down Drunk in Front of Judge

by Michael Kraut

Let’s face it: many Malibu DUIs stories take wild turns towards the bizarre. Witness Mel Gibson’s infamous 2006 arrest on PCH or the many incidences of lawnmower DUIs here in California and elsewhere in 2010.

If someone you care about has been arrested for driving under the influence in Burbank, DUI in Glendale, Pasadena DUI, or Los Angeles DUI, you will undoubtedly be better prepared to handle the charges than 41-year-old Mark Watson, an Oklahoma man who collapsed from alcohol intoxication in front of the judge at his own DUI trial.

According to a CBS affiliate out of Bartlesville, Oklahoma, Watson was arrested last Monday morning after he failed a breathalyzer test. He allegedly tried to speed away from an accident and assaulted a police officer – all while driving under a suspended license.

According to the arrest report, Watson responded to officer questioning thusly: “I am (expletive removed) drunk, I was driving but I did not run the stop sign. That (expletive deleted) hit me…”

“I ain’t taking take no (expletive deleted) test. I’m (expletive deleted) drunk. I’m blind anyways and I can’t drive.”

At some point during the arrest, Watson allegedly kicked one of the officers.

Pursuant to his bizarre court appearance, the District Attorney’s Office in Washington County, Oklahoma is preparing to file additional charges.

Unfortunately, many people who get pulled over for suspicion of DUI or driving under the influence of intoxicants panic and make irrational, dangerous decisions that only exacerbate their legal problems. For instance, a misdemeanor DUI could be elevated to a felony if you flee the police. If convicted of stiffer charges, you could face more jail time, steeper fines, and a battery of other long-term penalties.

The difference between a misdemeanor and a felony can be enormous. If you cause injury to somebody else (in your car, pedestrian, other driver, etc) while DUI, pursuant to California Vehicle Code Sections 23153(a) and 23153(b), an ordinary misdemeanor DUI can be raised up to a felony count. On top of hiked up insurance premiums, mandatory restitution to the injured, loss of your medical or other professional license, and other major consequences, your felony conviction will also result in the loss of your right to vote and long-term trouble finding employment, securing a loan and getting your credit score under control.

Whether you behaved reasonably after your Los Angeles DUI stop, or you made additional errors after the police flagged you that might compound and complicate your defense, now is the time to start thinking strategically and practically.

Los Angeles criminal defense attorney Michael Kraut of The Kraut Criminal & DUI Lawyers (based in Hollywood) can give you a free and no nonsense consultation about your best defense. Attorney Kraut understands Los Angeles DUI law, not only because he has proven himself as a successful defense attorney but also because he served for over 14 years as a prosecutor of DUIs. His multilayered understanding of the law allows him to negotiate more effectively with prosecutors and give his clients better results.

November 28, 2010

Los Angeles DUI Arrests This Thanksgiving Weekend

by Michael Kraut

DUI arrests were up significantly this Thanksgiving weekend. The California Highway Patrol assigned all available units to man the streets to catch as many Los Angeles DUI drivers as possible. The statistics have now been released and the number of drunk driver arrests are up. Over the same period last year there were 271 California DUI arrests. This year the number increased to 289 DUI arrests in California. The good news is that the number of driver’s killed was significantly down. The total number of deaths due to Los Angeles DUIs was down to eleven.

The statistics are as follows:

Burbank DUI cases

The number of Burbank DUIs also rose this weekend. The statistics are not fully in for the number of DUI arrests in Burbank. According to a leading Burbank DUI Defense Attorney, there has been a significant increase in the efforts of law enforcement in Burbank to stop the number of people driving under the influence of Alcohol in Burbank.

Pasadena DUI cases
The Pasadena Police Department mobilized their officers in an attempt to catch as many Pasadena DUI drivers as possible. While it may seem that that the efforts were overkill, the police want to put the word out this holiday season that driving under the influence in Pasadena will not be accepted. Ask any top rated Pasadena DUI Defense attorney and they will tell you that this is the best way to keep the public safe and away from harm.

Beverly Hills DUI Arrests
The Beverly Hills Police Department is one of the best trained and most highly paid of all law enforcement in Los Angeles County. The department leads the way in Beverly Hills DUI arrests and some of the highest jail sentences for a conviction of driving under the influence of alcohol in Beverly Hills. Beverly Hills DUI Defense Attorney Michael Kraut is one of the top rated DUI defense lawyers in California and he is often quoted in news and print media. When asked about DUI news in Beverly Hills, Mr. Kraut explains that the City has the resources and public backing to quash those charged with this crime within the City limits.

November 23, 2010

DUI Murder Conviction in Alaska has Los Angeles DUI Community Talking

by Michael Kraut

Although horrific Southern California DUI collisions and injuries occur with an unbearable frequency these days, rarely do prosecutors charge offenders with “DUI murder” – a charge that’s equivalent to second degree murder. But last week, a jury in Anchorage Alaska returned a “guilty” verdict in a DUI murder case involving a 56-year old former BP executive, who killed a man and critically injured his fiancée after she drove the wrong way on Seward Highway.

If you or someone you care about has recently been pulled over on charges of DUI in Los Angeles, DUI in Pasadena, DUI in Glendale, or DUI in Burbank, you probably are quite interested in the distinctions among DUI penalties. The story of this DUI tragedy should be instructive.

According to AP reports, on November 5th, 2009, Philips drove her Ford Explorer the wrong way on the expressway and slammed into a small Toyota driven by 23-year old Louis Clement. Tests revealed that Philips’s blood alcohol level was over 4 times the legal limit. The jury deliberated only a few hours before returning the guilty verdict.

The 56-year old Philips had been convicted for driving under the influence three times prior. A fourth DUI charge, pursuant to a March 2009 arrest, is still pending. She was also arrested for DUI in 1983, but she pled that down to a simple traffic offense.

In Alaska, a DUI murder conviction carries a minimum of 10 years in jail. A DUI murder in California is punishable by at least 15 years – or up to life – behind bars. The burden of proof on prosecutors in DUI murder cases is quite high. The prosecution must show something called “implied malice” – in other words, that the driver who caused the death had a crystal clear understanding of the risks inherent in driving DUI and nevertheless still chose to get behind the wheel.

Even if prosecutors don’t charge you with DUI murder, they could hit you with charges of vehicular manslaughter or – an even more serious charge – vehicular manslaughter with gross negligence.

And even if all you do is hurt someone while driving DUI in Los Angeles, you could face felony charges pursuant to California Vehicle Code sections 23153(a) and 23153(b).

Furthermore, even if you just got stopped for driving with a blood alcohol concentration of 0.08% or more, you could face devastating penalties just for the misdemeanor – penalties such as prison time, loss of your California driver’s license for a year and enormous fines.

To respond to charges, consult with a reputable and results proven Southern California DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.

November 15, 2010

Southern California DUI Experts Pay Close Attention as Prosecution Rests in New York Yankees Catcher’s Manslaughter Trial

by Michael Kraut

On November 10, former Yankee superstar Jim Leyritz watched on as prosecutors in his DUI manslaughter case finished their case against him. As those of you who follow Southern California DUI celebrity news likely already know, Leyritz faces 4 to 15 years in jail for killing 30-year old Fredia Ann Veitch on December 28, 2007.

If you’ve been recently pulled over for driving under the influence in Burbank, DUI in Pasadena, Los Angeles DUI, or DUI in Glendale, hopefully it was under less tragic circumstances. Known best for slamming home a key homerun in the 1996 World Series, Leyritz retired from baseball in 2000. Unfortunately, 7 years into his retirement, he hopped into his red Ford Expedition while significantly over the Florida (and Southern California) legal limit of 0.08% BAC. A later blood test showed that he had a BAC of 0.14% hours after the crash.

Earlier this year, Leyritz paid Veitch’s family for the wrongful death: $250,000 in insurance payments as well as payments from his own pocket: $1,000 per month for 100 months.

Prosecutors called numerous expert witnesses, including Donald Felicella, who told the jury that evidence suggests that “there was not anything to indicate that speed was a factor.” Veitch had also been driving under the influence. Evidence showed that she had a BAC of 0.18% at the time of the crash. She was actually thrown out of her vehicle because she hadn’t been wearing a seat belt.

According to California law, if you get convicted of vehicular manslaughter while DUI, you can face extremely serious penalties – particularly if you committed vehicular manslaughter with “gross negligence.” In rare cases, prosecutors may charge defendants with a crime called DUI murder. This is actually an even more serious crime than DUI vehicular manslaughter with gross negligence. Also known as a “Watson Murder,” DUI murder carries penalties of 15 years to life in jail. It is essentially equivalent to second degree murder.

Whether you were arrested at a Los Angeles DUI checkpoint after you blew a breathalyzer result of 0.09%; or you got involved in a serious injury collision while allegedly under the influence, you may need good legal advice immediately from a Los Angeles DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.