Los Angeles Criminal Defense Attorney Blog

Published on: September 7, 2016

Couple Donates Infant’s Organs After DUI Tragedy

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.

Published on: August 21, 2016

Buggy Driver Gets DUI

by Michael Kraut

When New York State passed the nation’s first DUI law back in 1910, automobile owners weren’t the only drivers that authorities were targeting. At that time, plenty of horse-drawn vehicles still traveled the roads, and their drivers could cause a fair amount of damage to people and property if they were under the influence while holding the reins. Fast forward more than 100 years, and police officers rarely (if ever) arrest someone for a DUI in Los Angeles when they’re riding a horse or driving a horse-drawn carriage. But it can and does happen elsewhere.

Pennsylvania, Lancaster County, Amish Horse And Buggy. (Photo by Education Images/UIG via Getty Images)

In Punxsutawney, Pennsylvania, police arrested Robert Miller, 18, on suspicion of DUI. Miller, a member of the Amish church, was driving one of the plain black buggies that the Amish favor.

Published on: August 17, 2016

Judge Sentences DUI Doctor to Jail

by Michael Kraut

Although judges may try to be impartial when hearing cases of DUI in Los Angeles or any other locale, in reality, the occupation of the defendant can impact the way that the justice system treats them. But sometimes the accused driver presses his luck too far.

In Illinois, Cook County Judge James Karahalios sent Dr. William Malik, an orthopedic surgeon, to prison for six years for aggravated DUI and criminal damage to property. The court had given Malik many opportunities to change his ways; the physician had six previous DUI arrests dating from 2005 in several different jurisdictions in Illinois and in Wisconsin, according to a Chicago Tribune news report.

In the latest incident, which took place earlier this year, Malik was driving his Lincoln LS when he sideswiped a parked car, drove onto a lawn and then hit a garage and two fences. The arresting officer reported that Malik said “At least I didn’t hit anybody.”

Malik has undergone treatment for alcoholism several times, but he reportedly has not been successful in controlling his addiction. During the sentencing hearing, several character witnesses spoke of his struggle as well as his skill as a physician and his commitment to his family. But the prosecutor argued that Malik had gotten off too many times with the “good doctor” excuse and that he didn’t deserve any more chances.

Published on: August 10, 2016

Sister Passes the Buck on DUI Charge

by Michael Kraut

Drivers pulled over for a Los Angeles DUI try many different ways to avoid getting a DUI charge on their records. Some plead with the arresting officers asking for a break; others may hire experienced attorneys who will look for flaws in the government’s case. Some people will even lie about their identities to the arresting officers, although that ruse does not work well over the long term.

Shannon Whack, age 31, said she had been attending a party on March 17th at her (now-ex) boyfriend’s home when he became abusive. Grabbing her two young kids, she got into her car at 2:30 in the morning and left, despite the fact that she allegedly had been drinking much of the evening.

Police officers in Graham, North Carolina, caught up with Whack and determined that she had been DUI, according to the Times News of Burlington, North Carolina. They took her to jail, but Whack probably knew that admitting her real identity would get her in even more trouble, because she reportedly had been driving on a suspended license (not for a DUI, however). Her workaround was to give the booking officers her sister’s name and birth date.

Published on: August 8, 2016

DUI Drivers Get in Trouble for Making Donuts

by Michael Kraut

DUI drivers usually lack the necessary control to demonstrate the finer points of the vehicles they’re driving. But that doesn’t stop them from trying, as police officers who have arrested drivers for DUI in Los Angeles can attest.

In the past month, two drivers have tried to impress their passengers and/or onlookers by making circles or “donuts” with their cars. In Oklahoma, Fox 25 reports that Michael Dean Sharpe was trying to impress a date when he entered a church parking lot and turned off the traction control in his Pontiac G8T so that he could perform a series of donuts in the lot. Sharpe forgot, however, to turn his traction control back on when he had completed his performance. Sharpe allegedly zoomed out of the parking lot at a high speed and lost control of his car, hitting a curb and damaging at least one tree along the roadway.

While Sharpe’s date will probably never forget the evening, it’s doubtful that he made the impression he had hoped. First of all, the crash smashed the windshield and caved in the vehicle’s passenger side where the woman rode. Plus watching your date carted off to jail on DUI charges is not an experience most women hope to repeat. (Even Sharpe is quoted as saying that he was acting like a “dumbass.”)

Published on: August 4, 2016

Pilot in Fatal Hot Air Balloon Crash Had Long History of DUI

by Michael Kraut

A driver convicted of multiple counts of DUI in Los Angeles would not meet the medical requirements for a license to pilot a plane or a helicopter. Yet the Federal Aviation Administration has no such restrictions when it comes to approving a license to pilot a hot air balloon. Could this loophole in the balloon regulations have contributed to the hot air balloon accident in Texas that claimed 16 lives on July 30th?

The Washington Post reported that Alfred G. “Skip” Nichols had at least four DUI convictions in Missouri in the last 26 years: one in 1990, two in 2002 and another in 2010. He also served time in jail for a drug crime.

A report from NBC Nightly News said that multiple convictions for DUI would most likely have prevented Nichols from getting the medical certificate required to get a license to fly solo in an aircraft. But pilots of balloons and gliders don’t have to provide that medical certificate for their pilots’ licenses. The NBC story said that all that is required is for prospective pilots to provide a statement certifying that they have no medical defect that would make them unable to pilot such an aircraft.