dui manslaughter defense

December 23, 2015

DUI Driver Involved In Cover-Up Conspiracy

Drivers convicted of a Los Angeles DUI may fear the consequences if they’re picked up a second or third time for driving under the influence and/or for causing an accident. Under the California Vehicle Code 23550, repeat DUI offenders could end up spending up to a year in jail and paying a fine of up to $1,000. If they severely injure or kill someone, the penalties are much more severe; under California Penal Code 191.5 a driver convicted of DUI with gross negligence could face up to 10 years in jail.

Joshua Daniel Taylor could be looking at that sentence if he ends up standing trial for the death of 38-year-old Rocio Leamon on August 13th. The mother of three was trying to safely cross a road in the Lake Murray/San Carolos area. She had done the right thing, pushing the signal button and waiting for the pedestrian signal before stepping into the roadway. Continue reading

June 15, 2015

DUI Driver Kills Cyclist, Causes Two More Crashes

by Michael Kraut

Motorists involved in a Los Angeles DUI accident sometimes cause property damage and (fortunately, more rarely) death or injury to themselves or someone else. But very few of them are involved in three incidents–one deadly–in the same day.

A Las Vegas driver who reportedly caused three accidents on Thursday, June 11th–one when he was apparently sober, two when he was allegedly DUI–was sitting in jail without bail a day later. But his incarceration came too late for a 67-year old cyclist, who lost his life when their paths crossed.

The Nevada Highway Patrol’s first contact with Zoltan Istvan Pentek, 22, came around 10 p.m. on Thursday night, when police say he was involved in a crash on Interstate 15. The responding officers later said that Pentek filled out an incident report and showed no signs of impairment, according to the Las Vegas Review-Journal.

About an hour and a half later, at 11:40 p.m., Pentek hit 67-year-old Larry Martinez, who was riding his bike near the intersection of Charleston Boulevard and Mojave Road. Martinez had been wearing a reflective vest when Pentek slammed into him from behind, causing fatal injuries.

Pentek didn’t stop, but fled the scene, per the Review-Journal, leaving behind a piece of trim from his dark green, 1999 Honda Civic. Just 10 minutes later, he allegedly caused another crash at an intersection not far from the fatality scene. The police picked him up shortly after this accident. After matching the trim left at the earlier incident to his car, they eventually charged him with DUI involving death and leaving the scene of an accident involving death.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

July 21, 2014

Fatal Las Vegas Crash Results in Plea Deal for Exotic Dancer

by Michael Kraut

Los Angeles DUIs often cause unintended and tragic consequences. Consider, for instance, a horrible recent Las Vegas collision that caused the death of a man and injuries to his 2-year-old son.

On the morning of March 23, 2013, exotic dancer Shauna Miller left her job at the Spearmint Rhino strip club. Her Hummer SUV struck a Ford Escort driven by 33-year-old James White; White’s son was also riding in the vehicle.

White perished in the accident, while his son sustained significant injuries. Authorities tested Miller’s blood alcohol levels and found them to be over two times the legal limit. In addition, she had a significant amount of marijuana in her system.

On Thursday, July 11, Miller pleaded guilty to a felony DUI charge; a second charge was dropped as part of a plea agreement with prosecutors.

Considering the details of this case, Miller likely made the right choice in accepting a plea deal. In most states, including California, DUIs that include the death of another individual represent one of the most severe charges a driver can face. Regardless of whether the charges include gross vehicular manslaughter or second-degree murder, a conviction often means significant jail or prison sentences, among other penalties.

Individuals such as Miller, who may work in environments conducive to excessive alcohol and/or drug consumption, should be aware of the risks of driving home after engaging in such behavior. Using a designated driver or taxi service can help prevent tragedies such as this.

Those facing Los Angeles DUI charges, with or without additional factors such as gross vehicular manslaughter, may wonder what they could have done differently. Although there is no way to go back in time, it is possible to take responsibility for your actions and move forward with your life.

For a free consultation to discuss your DUI defense, contact the Kraut Criminal & DUI Lawyers today.