DUI Accidents

October 8, 2014

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

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 Criminal & DUI Lawyers to get effective insight into your possible options.

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 Criminal & DUI Lawyers today to schedule 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 Criminal & DUI Lawyers 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 Criminal & DUI Lawyers. 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.

August 20, 2014

Fiery 8-Car Crash Injures 10 in San José

by Michael Kraut

Few individuals facing Los Angeles DUI charges can say they experienced or caused as harrowing an accident as one that recently shook the Bay Area.

At 9:28 p.m. on Sunday, August 17, police witnessed a black Mercedes speeding down Ocala Avenue in San José. The vehicle ran a red light, broadsided another car, and rolled over repeatedly, striking multiple cars and a light.

Although the Mercedes had been traveling eastbound, the vehicle ended up in the westbound lane and promptly burst into flames. The driver exited the Mercedes and tried to escape before police apprehended him.

The three passengers in the Mercedes all sustained “life threatening injuries” in the San José accident. The driver, an unidentified man in his 20s, also received medical treatment. However, he was released from the hospital and immediately arrested for a felony DUI charge.

Six other individuals experienced injuries from the accident; fortunately, they all appear likely to survive. All told, the crash involved 8 cars and injured 10 people.

Firefighters referred to the collision as a “mass casualty accident.” Two alarms summoned one air ambulance and seven ground ambulances.

Authorities have not yet released the driver’s identity. However, considering the severe nature of the accident, the number of injuries, and the involvement of alcohol, this individual will likely face considerable legal ramifications.

California law takes DUI accidents with injuries extremely seriously. When a driver’s blood alcohol level is at or above 0.08 percent, and this coincides with an injury-causing collision, a judge may sentence the DUI driver to one or more years in prison for each person harmed.

Should any of the injured parties sustain “great bodily injury” or fall into a coma, potential sentences may increase by three to five years.

Regardless of whether your DUI driving charges involve one or ten injuries, a Los Angeles DUI attorney with the Kraut Criminal & DUI Lawyers can help you build a strong defense. Contact us today to learn how we can put our experience in California DUI law to work for you.
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August 11, 2014

Los Angeles DUI Disasters: What Happens When Double-Decker Buses and Ambulances Crash?

by Michael Kraut

Picture a “standard” Los Angeles DUI arrest in your mind’s eye.

You might imagine a driver in a Honda Accord getting escorted into a squad car after a nasty wreck on the 405 or the 101. Or you might picture a Hollywood exec in a BMW stopped at a checkpoint on Sunset after a raucous night out with some potential clients.

You probably do NOT picture a double-decker bus toppled over or an ambulance spun out of control.

But people drive DUI in all sorts of vehicles, including, boats, lawnmowers, and even jerry rigged contraptions that defy classification.

Let’s analyze two such events that were recently in the news.

First, a spectacular DUI-related bus crash rocked New York City. Fortunately, the accident did not cause life threatening injuries, but it certainly created a big ruckus in the Big Apple. The double-decker bus driver smashed into a plaza on Times Square and hurt over 15 people, three of whom suffered serious injuries. Fortunately, no one died.

Authorities arrested 58-year-old William Dalembert, charging him with a DUI. According to reports, Dalembert has a checkered driving history, including a record of multiple license suspensions over the years as well as administrative infractions.

Meanwhile, closer to home in Orange County, a crash at the intersection of Garden Grove and Beach Boulevards between an ambulance and a vehicle in the town of Stanton led to the hospitalization of four people as well as an arrest for DUI. A preliminary investigation led authorities to blame 27-year-old John Dantzler; they booked him on DUI charges and held him on a $100,000 bail. Again, by the grace of God, no one died or suffered critical injuries; things could have been much, much worse.

Do people who drive vehicles like ambulance, double-decker buses, trucks, fire trucks, government vehicles and school buses have special safety responsibilities? Can prosecutors hit them with special punishments for DUI?

The answer depends. Drivers of specialty vehicles can be held to higher standards. Depending on what happened, they can lose special licenses, get fired, face enhanced fines and fees, and more.

No matter what kind of Los Angeles DUI charges you face — or how complicated the matter seems to be – the team here at the Kraut Criminal & DUI Lawyers is here to help you make sense of what happened and develop an appropriate response. Call our offices now to schedule a free consultation.
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July 3, 2014

Woman Arrested for DUI; Drags Cop by Her Car into Telephone Pole

by Michael Kraut

Fortunately for police, most Los Angeles DUI arrests are not dramatic and do not threaten the life and limb of the people involved in the process.

That’s not always the case.

For a spectacular example, we turn our sites to Atlanta, Georgia, where on Monday, a local woman named Anna Dittmer was involved in a catastrophic, freakish accident that sent a police officer to the hospital and left Ms. Dittmer with plate full of criminal charges.

Local officers said they saw her vehicle stopped next to some railroad tracks in the Northwest section of Atlanta. They had reason to believe she was impaired, so two officers approached her. Meanwhile, a train approached at that very moment and blew a warning sign, which woke Dittmer up. She allegedly saw the police come for her and tried to hightail it out of there.

Officer Kevin Thigpen reached in to try to stop her, but she took off and dragged him along with her car and then smashed into a telephone pole. Fortunately, Thigpen survived, but he did suffer abrasions and lacerations over all his body as well as a broken left hand. Medics treated him at Grady Memorial Hospital in Atlanta.

Other officers, meanwhile, arrested Dittmer on a laundry list of charge, including: reckless driving, driving on a suspended license, possessing methamphetamines, felony obstruction, aggravated assault, giving a false name to police officers, causing a serious injury with a motor vehicle, and drug DUI.

Prior to the incident, police had a warrant out for her arrest on possession of dangerous drugs.

The whole situation is obviously very sad and disturbing. Just a charge of hurting someone while DUI can elevate a standard misdemeanor (per California Vehicle Code Section 23152) to a much more serious felony charge (per California Vehicle Code Section 23153).

And if you hurt a police officer, drove on a suspended license, or did any of the other crazy things that this Atlanta woman allegedly did, your charges can be more intense, and your defense can become more complicated.

No matter what charges you face, you can turn to the team here at the Kraut Criminal & DUI Lawyers for effective, fair and responsible Los Angeles DUI defense help. Call or email us now for assistance.
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July 1, 2014

Crazy Accident on the 101 in Westside Village: DUI Truck Driver Suspected

by Michael Kraut

Not all Los Angeles DUI incidents are terrifying.

But when truck drivers get behind the wheel while DUI or under the influence of drugs — and then drive recklessly — they can endanger not just themselves but also dozens of people.

Witness what happened earlier this year, when a FedEx truck driver careened out of control on the 5 near San Francisco and hit a school bus, leading to dozens of injuries and many fatalities. Fortunately, a Sunday evening accident on the 101 at Lindero Canyon Road did not lead to fatalities, but it certainly could have.

The big rig driver — who was later arrested on suspicion of DUI — allegedly had some serious driving issues on Sunday night prior on the 101. According to California Highway Patrol Officer, Monica Posada, “the big rig was eastbound with an empty trailer and prior to the collision was reported reckless… the driver drifted to the right shoulder and travelled left across all lanes, colliding into the center divider. The driver exited the big rig, and it caught fire from the spilled diesel.”

In addition to burning up to concrete divider, the big rig spilled debris and diesel fuel all over the road, creating a big mess, not to mention serious hazards for police and cleanup crews.

Luckily, emergency workers did not have to navigate that hellish complex of obstructions and dangers to rescue anybody. However, in other similar accidents, the situation can be far grimmer.

If you’re a truck driver accused of driving DUI, you can lose your license, your job and your ability to drive other commercial trucks. Your insurance rates can spike, making you less hirable, and you can go to jail. You can also be subject to special approbation, if you drove a commercial or government vehicle.

The point is that you may face an amalgam of trouble.

Fortunately, the team here at the Kraut Criminal & DUI Lawyers can provide a confident, thorough and compassionate defense for you. Please contact us immediately to schedule your Los Angeles DUI truck defense, or peruse Mr. Kraut’s website to learn more about him, his team, and their approach.
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June 16, 2014

Justin Bieber Enters a Plea of “Reckless Driving” in His DUI Case

by Michael Kraut

The Los Angeles DUI blogosphere has been having a field day with the DUI case of pop singer, Justin Bieber.

Over the past several months, “the Biebs” has found himself in scads of trouble – legal and otherwise. We covered his January 2014 DUI arrest in Miami extensively. In case you forgot, the pop star had allegedly been drag racing with 19-year-old Khalil Sharieff on January 23rd in a rented sports car.

According to TMZ, Bieber will soon be entering a guilty plea to “reckless driving” charges in that case in exchange for the dismissal of other charges against him. (Those counts had included driving without a license, resisting arrest and DUI). Although Bieber will have to go to anger management classes and pay a fine (which will obviously be nominal, given his income), he won’t have to serve jail time or even probation.

The judge initially wanted Bieber to star in an anti-DUI service announcement, but Bieber’s legal team suggested that that measure was “inappropriate,” given that his BAC tested at 0.014% – far below Florida’s (and California’s) legal limit for DUI of 0.08%. (However, he did test positive for traces of the drug Xanax, an antianxiety medication, and marijuana’s psychoactive compound, THC).

Meanwhile, he will apparently face criminal vandalism charges, in connection with allegations that he threw eggs at his neighbor’s property in Calabasas in January.

And last month, Bieber allegedly tried to steal a woman’s purse… but he won’t be facing felony counts in that case. (Bieber apparently got angry, when a woman tried to videotape him with her cellphone at a mini golf and batting cage establishment in the Valley.)

Also in May, Bieber earned public enmity, after recordings surfaced, in which he allegedly made racially insensitive remarks.

Bieber has been celebrating his recent legal exonerations: he recently Tweeted “new beginnings” to his followers.

An adroit Los Angeles DUI defense can, indeed, led to “new beginnings,” even for people who struggle mightily with diverse charges.

To that end, contact a Harvard Law School educated former city prosecutor (Senior Deputy District Attorney) with the Kraut Criminal & DUI Lawyers today for a thorough, sensitive analysis of your defense options.
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