DUI Defenses

Published on: September 26, 2016

Dad Kills Daughter in DUI Accident

For most parents, the chilling prospect of losing a child in a car crash would be enough to persuade them from DUI in Los Angeles when their son or daughter is riding with them. But that didn’t deter one father in Cortland, New York, from getting behind the wheel when he had too much to drink. His six-year-old daughter paid for his bad decision with her life—and now the man will have plenty of time to think about his deadly mistake.

Daniel Haynes III, 30, could spend up to 21 years in state prison in New York under a plea deal he accepted in August. On the evening of April 24, 2015, Haynes was driving from one house to another on West State Road with his three daughters in the back seat. None of them—Alexia, age 6; Asia, age 8; or Arianna, age 10—were wearing seatbelts.

Witnessed said that Haynes had drunk a few beers before getting into the car, and once behind the wheel he began driving recklessly. One report said that his daughters were begging him to slow down. But Haynes, jetting along at 100 miles per hour, blew through a stop sign, lost control of his vehicle and slammed into a utility pole. After the crash he tried to drive away, apparently unaware of his daughters’ injuries. (Emergency responders took the two younger girls to the hospital; they had non-life-threatening injuries.)

Published on: September 19, 2016

The Fix Was in for DUI Cases

by Michael Kraut

The only surefire way to avoid a conviction on DUI in Los Angeles is not to get behind the wheel after you’ve been drinking or using drugs. But if you’ve made an error in judgment, and the police arrest you on a DUI charge, your best option is to work with an attorney well versed in these laws who can help ensure that your rights are protected during the judicial process. What we don’t recommend is getting your ticket fixed by a clerk of the court.

In California, Jose Lopez Jr., a clerk in the Orange County Superior Court, is facing federal charges for allegedly running a network that fixed the tickets of more than 1,000 people charged with various traffic offenses, including DUI. According to a story in the Orange County Register, Lopez had 11 “recruiters” who would go to car and truck clubs and post notices on Craigslist to let drivers know that traffic tickets could be tweaked in their favor in the Superior Court.

Lopez charged drivers up to $8,000 to put in the fix. He would change computer records so it would appear that a defendant convicted of a traffic violation had paid the required fines, had spent the mandated time in jail or had performed court-ordered community service. For a driver convicted of DUI, Lopez would edit the court record to show that he/she had pleaded guilty to reckless driving, which is a lesser charge.
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Published on: September 14, 2016

Minnesota Releases Study Of DUI Drivers

by Michael Kraut

Police officers may have the best chance of stopping DUIs in Los Angeles and other areas when they understand who is at the greatest risk of driving under the influence and when and where such incidents are most likely to occur. Minnesota’s Office of Traffic Safety has compiled that information for their state and released it for public review in its report, “Minnesota Impaired Driving Facts 2015.”

The report revealed that:

•   One out of every seven licensed Minnesota drivers has at least one DWI.
•   There were 25,027 DWI arrests in Minnesota in 2015. That averages out to 69 DUIs per day.
•   The average blood alcohol content for drivers convicted of DWI was 0.16 percent. The average for DUI drivers involved in a fatal crash was 0.19 percent.

Published on: September 12, 2016

DUI: Dangerous On Land and Sea

by Michael Kraut

As a rule, DUIs in Los Angeles involve motor vehicles moving on interstates, highways and local roads—in other words, on dry land. But with the ocean close by, some law enforcement officers in Los Angeles County also have to deal with intoxicated boaters who pose a danger to themselves and to others on the water. These stories from other states demonstrate the kind of toll that BUIs can take:

• In South Carolina, around 6 a.m. on July 7th, police arrested Cynthia Lynn Averitt for boating under the influence on Lake Wylie. A few hours later they pulled the body of Kenneth Varandore, a passenger on the boat, from the lake. Police reported that Varandore apparently jumped into the water and never resurfaced.

• A 43-foot fishing vessel smashed into a slip at Aurora Harbor in Juneau, Alaska, around noon on June 6th. Darrin Hess, age 51, was at the wheel of the Nor’Gale when it hit several boats and then caused significant damage to the harbor’s main float. Police charged Hess with driving under the influence and with refusing a breath test.

Published on: September 9, 2016

Trains Delayed By DUI Driver

by Michael Kraut

When drivers suspect they’ve had a few drinks too many, one of the best things they can do is park their vehicles and get them off the road. But when they’re at risk for a DUI in Los Angeles–or any other jurisdiction, for that matter—they should be careful to determine whether or not their parking spot is a good one.

Hung Tran, 54, didn’t do a very good job in selecting the place to park his vehicle. He left it on the train tracks near Hanahan, South Carolina around the time that the Amtrak Auto Train Number 52 was heading to that same spot. Tran did manage to get out of his vehicle before the train hit, but the impact caused a large crash (heard by nearby neighbors) and delayed travel along the tracks for three hours. Fortunately, no one on the train suffered injuries.

When police gave Tran a breathalyzer exam, they measured his blood alcohol content at .15 percent—almost twice the legal limit. He now faces DUI charges.

Published on: September 7, 2016

Couple Donates Infant’s Organs After DUI Tragedy

by Michael Kraut

Deaths caused by crashes involving a driver who is DUI in Los Angeles are always heartbreaking because they are so unnecessary and preventable. It’s somehow worse when the victim is an infant, and the child’s parents try to salvage something good from their devastation.

Mixed martial arts fighter Marcus Kowal lost his young son over Labor Day weekend when a 72-year-old woman hit the toddler’s stroller in Hawthorne, California. The 15-year-old aunt of Liam Mikael Kowal was pushing him in a stroller through a pedestrian crosswalk with flashing yellow lights on Saturday, September 3rd. Donna Marie Higgins hit the pair and then tried to flee the scene, but witnesses followed her and blocked her SUV to prevent her escape.

When emergency responders arrived, they found Liam still strapped in the stroller and his teenaged aunt lying near the crosswalk. Liam was not breathing, but they managed to revive him and rush him to Harbor UCLA Medical Center. However, the child had suffered irreversible brain injuries and his parents made the difficult decision to take him off life support and donate his organs to another young child. They said that they hoped the donation would save another child’s life and spare other parents the tragedy they are facing.
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Published on: September 5, 2016

Short Sentences For Convicted DUI Drivers

by Michael Kraut

Drivers found guilty of a DUI in Los Angeles often avoid jail time if it’s their first offense. But some motorists in California and other states also get off lightly even when it’s their second or third offense or when they’ve caused someone’s death.

Drake Bell, former star of the Drake and Josh show on Nickelodeon, served only one day of a mandatory four-day jail term for his second DUI offense. Police officers in Glendale, California, stopped the 30-year-old actor last December after they saw his vehicle swerving and then abruptly speeding up. Bell failed a field sobriety test but refused to take a chemical test.

Bell’s previous DUI conviction stems from a May 2010 incident in San Diego. Since this was his second DUI offense, Bell could have faced up to one year in county jail under California Vehicle Code 23512. But the judge accepted a plea deal, sentencing Bell to 96 hours in jail. Bell apparently served a reduced sentence because of his good behavior, but he will still have to complete an alcohol treatment program and remain on probation for four years.

Published on: August 29, 2016

Unexpected Penalties Under New Kentucky DUI Law

by Michael Kraut

Under the terms of Section 23550 of the California Vehicle Code, a driver convicted of DUI in Los Angeles three or more times within 10 years faces felony (rather than misdemeanor) DUI charges, which can result in anywhere from 16 months to four years in prison. Many states have similar laws. But what happens when those laws change?

Should the count of DUI convictions start when the law goes into effect, or does the lookback period extend all the way back 10 years prior to its implementation?

That question is playing out in Kentucky courtrooms today, according to an article on Louisville’s WDB.com website. Until the Kentucky State Legislature passed Senate Bill 56 earlier this year, the state’s lookback period for DUI charges had been five years. The new law extends that period to 10 ten years. But is it retroactive? Judges in different Kentucky counties have different interpretations, since the law did not specifically address that issue.

Published on: August 29, 2016

Oklahoma Court Dismisses DUI License Revocations

by Michael Kraut

One serious consequence for those convicted of DUI in Los Angeles is the loss of their licenses. If a breathalyzer, blood test or urine test show that a person is operating a vehicle with a blood alcohol content of 0.08 or greater, the California Department of Motor Vehicles will automatically suspend that person’s license for four months (for a first offense) or one year (if it is a second or subsequent offense within a 10-year period). Drivers are entitled to request an administrative hearing to appeal that decision, but they must do so within 10 days of the time they receive the suspension order.

Oklahoma has a similar law and also allows those arrested on DUI charges to appeal their license suspension. But the Oklahoma Department of Public Safety (DPS) has been falling behind on license revocation hearings; motorists who want to appeal their loss of a license must wait anywhere from 13 to 19 months to get a hearing date.

Published on: August 25, 2016

Continuing Repercussions From Supreme Court DUI Ruling

by Michael Kraut

Ever since the U.S. Supreme Court ruled that police must have warrants to draw blood from DUI suspects, defendants accused of DUI in Los Angeles and their lawyers have been working to get any incriminating blood evidence suppressed in their trials. (Those convicted of DUI have been trying to get their convictions overturned.) Such efforts have been successful in many state and local courts throughout the country.

California prosecutors and defense attorneys are watching one case in San Mateo County that involves vehicular manslaughter. On October 5, 2013, 27-year-old Zachary Katz drove the wrong way on U.S. Highway 101 and slammed into another car. The crash ejected both occupants of the other vehicle, killing one and seriously injuring another, according to Palo Alto Online.

When police officers did a preliminary blood screening on Katz, his blood alcohol content measured 0.15. Two hours later, a hospital test showed it to be 0.13. Both readings are well over the legal limit of 0.08.