Los Angeles DUI Attorney Blog

February 20, 2014

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

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

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

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

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

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

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

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

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

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

by Michael Kraut

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

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

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

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

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

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

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

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

by Michael Kraut

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

That’s all less than ideal.

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

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

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

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

Los Angeles DUI Crash Leads to 6 Deaths

by Michael Kraut

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

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

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

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

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

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

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

February 10, 2014

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

by Michael Kraut

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

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

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

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

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

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

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

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

3 Common Los Angeles DUI Defense Mistakes

by Michael Kraut

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

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

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

1. Blabbing about how much you drank to police.

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

2. Doing stupid things after the stop or accident.

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

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

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

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

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

February 5, 2014

Guilty Verdict in Dallas Cowboy Josh Brent’s DUI Manslaughter Case

by Michael Kraut

Breaking Los Angeles DUI news…

A jury has found ex-Dallas Cowboy lineman, Josh Brent, guilty of DUI manslaughter after deliberating for only two days.

Brent crashed his Mercedes in the early morning hours of December 8, 2012, killing his passenger, Jerry Brown, a fellow Cowboy, in an awful crash. The nose tackle — who played 12 games in the 2012 season for the Cowboys — faces up to 20 years behind bars. Stacy Jackson, Brown’s mother, says that she forgives Brent, and she plans to testify to help him get a lighter sentence.

The verdict came just a few weeks after another Texas DUI manslaughter case concluded. In that case, a defendant named Ethan Couch got let off with just probation, after he caused a crash that killed four people. Couch’s “affluenza” defense sparked an intense and vigorous debate in Texas, online, and elsewhere.

The Case Against Brent

Prosecutors showed jurors receipts from the night in question, showing that Brent had purchased three bottles of champagne. Brent was also seen in pictures holding champagne bottles in each hand, and jurors saw footage of Brent in the police vehicle’s dashboard cam stumbling during a field sobriety test. Prosecutors called Brent’s a “textbook” DUI manslaughter case, and they argued “[DUI drivers] shouldn’t be driving, no exceptions, no excuses!”

Jerry Jones, the owners of the Cowboys, talked to the media about the conviction: “certainly it’s tragic. We’ve all, to some degree, have been a part of this… we support Josh. This has been a terrible experience for the families who lost a loved one and for Josh who loved Jerry as well.”

Prosecutors said that Brent and his friends had gone to Privae, a private club in the Dallas area, and consumed alcohol before driving. Brent’s attorney countered that Brent had only been “guilty of being stupid behind the wheel of a car.”

Here’s a quick primer on Southern California DUI gross vehicular manslaughter cases.

Penal Code Section 191.5 (A) outlines what prosecutors must prove to win a gross vehicular manslaughter case.

First, the prosecution must show that a driver was under the influence of drugs or alcohol — i.e. that his blood alcohol concentration was 0.08% or above.

Second, the prosecution must show that the driver committed a misdemeanor or infraction — or some other act that could have caused someone to die.

The prosecution must also show that this act was committed with “gross negligence” – a kind of negligence above and beyond a normal lack of attention or carelessness.

Finally, the prosecution must show that said conduct resulted in someone’s death.

Defending against DUI manslaughter charges can be complex, fraught work. If you or someone you love needs help with a serious Los Angeles DUI defense, connect with ex-prosecutor Michael Kraut and his legal team today for guidance.
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January 30, 2014

19-year-old Walloped with Six DUI Charges in Four Car Accident

by Michael Kraut

19-year-old Kayla Garcia, a Miami woman who allegedly caused a four-car crash on Hallandale Beach Boulevard, faces six DUI charges. The wreck allegedly caused over $27,000 in damage. Fortunately, no one was hurt. Officers who responded said Garcia displayed classic signs of DUI in Los Angeles (or anywhere), including:

• Glassy eyes;
• Trouble walking;
• Failure on road sobriety tests;
• Slurred speech.

Someone at the scene also saw a can of beer (Natural Light) fall on the ground from her car. In addition to four counts of property damage, Garcia faces charges of DUI first offense and DUI with a BAC of over 0.15%.

This is the not the teenager’s first run in with the law: Garcia faces other criminal charges in Miami-Dade County. The judge in her DUI case ordered a GPS monitor for her and set her bail at $40,000. The judge also warned “if it’s found you have consumed any alcohol [after being release on bail], you will be rearrested.” He also ordered her to submit to drug and alcohol testing every week.

The Golden State has a “no tolerance” policy for teen DUIs, and offenders can be punished per the traditional DUI vehicle codes (such as 23152 and 23153) as well as by two other laws, 23136 and 23140. Let’s unpack these and try to understand them.

California Vehicle Code Section 23156 subjects underage drivers (less than 21 years-old) to a mandatory one-year California license suspension, if they test with even a small fraction of alcohol in their systems. A reading of 0.01% on a breath test, for instance, can lead to license suspension. (If you don’t already have your license, you’ll still be penalized – you’ll be forced to wait an extra year before getting your license.)

And that’s just a civil penalty.

A violation of 23140 is classified as infraction: you’ll face a fine in addition to the loss of your driving privileges for a year. A BAC level between 0.05% and 0.07% is enough to trigger this penalty.

And, of course, if you’re over the legal limit of 0.08%, you face a whole gamut of punishments that we’ve discussed in detail on this blog and on the website.

For help getting to the bottom of your charges — and coming up with constructive, intelligent defense options — connect with Harvard Law School educated ex-prosecutor, Michael Kraut, and his legal team today to discuss your Los Angeles DUI defense.
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January 24, 2014

Justin Bieber Walloped with DUI Charge: Pop Singer Arrested in $250,000 Lamborghini

by Michael Kraut

If you recently got arrested for Los Angeles DUI, at least be grateful that your arrest is not international front page news.

The same CAN’T be said for 19-year-old pop star, Justin Bieber, who was arrested Thursday morning in a rented Gallardo LP 550-2 Spyder Lamborghini in Miami Beach and charged with DUI, drag racing, and resisting arrest.

Apparently “the Biebs” left a club and hopped into his yellow Lamborghini to drag race 19 year-old rapper, Khalil Sharieff. (Incidentally, Sharieff was also arrested at the scene and hit with charges of drag racing and driving DUI.)

The teen crooner is no stranger to controversy. Beiber potentially faces felony vandalism charges for throwing eggs at his neighbor’s house in Southern California and causing upwards of $20,000 worth of damage to the property. That’s right — $20,000 worth of damage with eggs alone. How is that even possible? Was he chucking them right at chandeliers?

Beiber allegedly did not exactly react to the DUI stop with grace and poise. Reports say he berated the officer who stopped him at around 4 in the morning with a less than courteous: “What the f**k did I do? Why did you stop me?” and uttered a string of other profanities before he finally submitted to the arrest.

The pop star allegedly admitted to having smoked marijuana, taken prescription medications, and consumed alcohol.

Raymond Martinez, the Miami Beach Police Chief, told reporters that Bieber had been belligerent (at first), “using some choice words questioning why he was being stopped, why the officer was even questioning him.”

Two SUVs blocked traffic on Pine Tree Drive and 26th Street, creating an ad hoc strip for Bieber and Sharieff to drag race their Lamborghini and Ferrari.

Deputies in Los Angeles County have investigated reports of Bieber drag racing right here in Southern California in the normally sleepy town of Calabasas, and one neighbor said that Bieber one time spat in his face. However, police lacked evidence of the speeding and the spitting, so the L.A. County District Attorney decided not to prosecute.

If you drive after smoking marijuana – like Bieber allegedly did – you could be hit with a drug DUI charge per California Vehicle Code Section 23152 (a). Per this vehicle code, even if you have a doctor’s order to take a medication, you can still be hit with a Los Angeles DUI charge. Police do not use breath tests in drug DUIs, but they can test you with urine or blood tests, and this chemical analysis can convince a jury that you were driving under the influence of narcotics or medications.

The good news – at least from a defendant’s standpoint – is that prosecutors have a much harder time convicting in drug DUI cases, in general, and police officers often don’t know what to look for when investigating drug DUIs.

Connect with experienced ex-prosecutor, Michael Kraut, today to develop your Los Angeles DUI defense.

January 20, 2014

Los Angeles DUI Demolition: MMA Fighter, Tito Ortiz, Whacked with DUI After Smashing Up his Porsche

by Michael Kraut

Unless you’ve been hiding under a rock, you’ve probably heard something about the big Los Angeles DUI news story of the week: MMA Champion, Tito Ortiz, smashed up his 2012 Porsche Panamera on the 405 at around 4:00 a.m. earlier this week.

The California Highway Patrol reports that the crash happened near Santa Monica Boulevard and Sepulveda – a notoriously confusing stretch of the 405.

According to some reports, that section of the 405 – near the freeway’s intersection with the 10 – is one of the most congested intersections on the entire continent… during the day, that is! During evenings and nights, the 405 can transform into almost dystopian landscape with seemingly endless stretches of barren freeways punctuated by drivers zipping along at breakneck speeds.

In any event… the 38-year-old Ortiz had been heading north, when he lost control over the Porsche and smashed into the center median strip. Two people in the car with him luckily survived without serious injury. Ortiz blew a 0.12% on a subsequence breathalyzer test. (As regular readers of this blog know, 0.12% is 1.5 times the legal limit for DUI in Los Angeles, West LA, or elsewhere in Southern California.)

Police booked Ortiz at 6:00 AM at a local station; he easily met his bond of $15,000. Reports say that Ortiz and his friends had been partying at the Playboy Mansion — a pre-party for the BCS National Championship. Ortizs holds the title of UFC light heavyweight champion.

He will face his misdemeanor DUI charge in court on January 27th.

Putting Ortiz’s Arrest in Context to Help You Make Sense of Your Los Angeles DUI Charge

One of the weirdest elements of the Los Angeles freeway and surface street system is the disconnect between what our roads are like during the day and what our roads are like during the evenings. Of course, there’s always a chance you’ll hit a sig alert on the 134 or the 101 at 4 a.m. But for the most part, the freeways clear off at night. During the day, however, they clog like arteries. As a result, traffic congeals, then freezes, then flows, much like how Antarctic ice floes operate. This peculiar process may be important to your defense, because different types of freeway conditions promote different types of driving behavior. (For instance, Ortiz would have had a difficult time careening wildly into the median on the 405 at 4:00 p.m. on a Monday because of the traffic congestion.)

To make sure that you understand exactly what happened, why, and what kind of Los Angeles DUI defense you may be able to construct, connect with an experienced attorney here at the Kraut Criminal & DUI Lawyers today for insightful, lucid, and strategic insight.