Los Angeles DUI Attorney Blog

April 2, 2014

Fontana Woman Arraigned on Los Angeles DUI Charges: Accused of Killing Six People in a Crash in Diamond Bar

Our Los Angeles DUI blog reported several weeks ago on a very sad case out of Diamond Bar: 21-year-old Olivia Carolee Culbreath caused a crash on the 60 Freeway early February that killed six people.

Last week, the young woman went to court to answer the judge’s questions – she will be arraigned on May 21. Before causing the awful wreck, Culbreath had been convicted of a DUI in San Bernardino County and cited for traffic violations on two other occasions.

17 separate witnesses said they had seen a driver barreling down the 57 and 60 Freeways going the wrong way, just before the collision. Witnesses said that Culbreath was traveling in excess of 100 miles per hour.

The crash involved Culbreath’s vehicle and two other vehicles. All told, there were only two survivors from the awful wreck – Culbreath herself and Joel Cortez, the driver of one of the other vehicles. Two of Culbreath’s passengers — 21-year-old Kristin Melissa Young, and Culbreath’s sister, 24-year-old Maya — died in the crash. Four people driving a Ford Explorer involved in the crash — Gregorio Megia-Martinez, Leticia Ibarra, Jessica Jasmine Mejia, and Ester Delgado — all died.

Culbreath herself suffered serious injuries, including a ruptured bladder and a broken femur. She is being held on a $6 million bail, and she faces life behind bars. As the judge asked her questions, she allegedly “softly answered” and “did not look towards her family.” Her family members were said to be “disheartened – an obvious reaction, given that one sister had been killed and the other faces a life prison sentence.

Culbreath had to be wheeled into the courtroom on a stretcher, because she still cannot walk due to her injuries.

Obviously, Culbreath’s case is extreme – fortunately, most DUI incidents do not lead to such horrific results. However, if you or a loved one did get into an accident while under the influence of drugs or alcohol, you could face vehicular manslaughter or murder charges, depending on your past and what happened during the event.

One of the more serious types of vehicular manslaughter charges is called “gross vehicular manslaughter while DUI” — it is punished per Penal Code Section 191.5(a). Prosecutors have a high burden of proof in such a case. To prove gross negligence, you need to show that what happened was beyond the realm of normal negligence – for instance, you acted in a way that a reasonable person would conclude could cause serious harm or death. (Driving 100 miles per hour the wrong way on a freeway would certainly qualify, per this definition.)

For help defending against your Los Angeles DUI charges — whether you face vehicular manslaughter or much less serious charges — please turn to attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. for a free, confidential consultation.

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 31, 2014

Are You Reliving Your Los Angeles DUI…Over And Over And Over Again?

by Michael Kraut

You just got arrested for DUI in Los Angeles. Your mind is racing with questions:

•   “What attorney should I hire?”
•   “What can I do, if anything, to fight the automatic drivers license suspension?”
•   “How will I manage my life, if I have to spend substantial time behind bars or spend months without a valid license to drive to work?”
•   “What will my friends and parents think about me?”

You’d love to concentrate on solving those issues, but your mind just can’t stay focused. You keep getting drawn back into remembering the drama of what happened. Perhaps the event was actually dramatic, in an objective sense. For instance, maybe your car flipped on the 210, and you hit a concrete barrier. Or maybe you almost ran into (and killed) some pedestrians.

You can’t stop yourself from thinking about the different ways the accident or arrest could have “gone worse.”

Or maybe you keep recalling the feeling of fear that jolted through your body when the red and blue lights flashed behind you, or the maddening conversation you had with the arresting officer.

In any case, the following lesson is abundantly clear: you need to manage this non-stop, destructive mental monologue.

To the extent that you feel out of control about you case is to the extent that your mind will likely “hold onto” these negative thoughts and drive you nuts. But once you know what to expect about your case — and what to do in the next few hours and days — you’ll likely find yourself spontaneously letting go of the looping mental chatter. So that’s one key: get clarity on your case!

Here’s another suggestion. Practice deep breathing and meditation exercises. And/or get therapy, particularly if you were involved in a traumatic incident.

Lastly, connect with a Los Angeles DUI defense lawyer here at the Kraut Law Group Criminal & DUI Lawyers, Inc.. Attorney Michael Kraut is a Harvard Law School educated former prosecutor – he used to work as a Senior Deputy District Attorney for the City of Los Angeles, during which time he obtained a 99%+ success rate at jury trials. He’s won respect as a criminal defense lawyer not just from clients but also from his peers, such as judges and prosecutors.
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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 Law Group Criminal & DUI Lawyers, Inc. 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 13, 2014

3-year-old Hurt Badly in DUI Crash: Also, Woman Lets Baby Fall Out of Her Car. What’s Going on with These Parents?

by Michael Kraut

As someone who was stopped and charged recently with a Los Angeles DUI, you’re probably inherently pretty sympathetic when you read stories about DUI offenses in the paper or online.

That said, you also resent being “lumped in” with offenders who have committed crimes that you consider to be far more reprehensible than what you allegedly did.

What happens when you drive under the influence with a minor in your car? Short answer: nothing good.

Let’s take a look at two recent examples.

WLTX in South Carolina reports that a 3-year-old boy, Josiah Jenkins, is on life-support, after a suspected DUI crash. Per local police, 43-year-old Lonnie Gross hit Jenkins’ mother’s car on North Springs Road last Friday night at around 10 PM. Authorities charged Gross with felony DUI with great bodily injury as well as with driving on a suspended license. The local police chief – who also happens to be the 3-year-old’s great uncle — says the mother had been traveling to get pizza when the crash happened. The poor child needs a ventilator to stay alive.

Meanwhile, out in Missouri, according to KCTV, 30-year-old, Gianni Henderson, faces a battery of charges, after she allegedly let her infant fall out of a moving car – while she was driving under the influence of alcohol!

Authorities charged her with child endangerment, possession of marijuana and drug paraphernalia, failing to provide proof of insurance and child restraint violations. Per reports, the child fell out of the back seat of the car, when Henderson made a turn onto an onramp. Fortunately, the child survived the incident, thanks to care from a Good Samaritan.

What happens in California if you drive DUI with a minor in your vehicle?

Prosecutors can hit you with charges per CVC 23572, which mandates jail time if you’re convicted of driving DUI with a minor under 14 in your car. Prosecutors also often pursue child endangerment charges per California Penal Code Section 272(a). This charge is technically known as a “wobbler,” which means it can be prosecuted either as a felony or as a misdemeanor.

For help developing a defense to your Los Angeles DUI charges, connect immediately with the team here at the Kraut Law Group Criminal & DUI Lawyers, Inc. for effective, ethical, and comprehensive assistance. Mr. Kraut is a former prosecutor and Harvard Law School educated attorney. He’s often quoted in the New York Times, Los Angeles Times, and Good Morning America about DUI cases.
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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 Law Group Criminal & DUI Lawyers, Inc. 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 Law Group Criminal & DUI Lawyers, Inc. for sensible, sensitive insight into your case.
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March 6, 2014

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

by Michael Kraut

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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