Los Angeles Criminal Defense Attorney Blog

Published on: June 11, 2014

Tough Sentence for DUI Defendant in 2012 Case

Few recent Los Angeles DUI cases match the scope or tragedy of a 2012 collision in Miami, FL that killed 13-year-old cheerleader Kaely Camacho.

The accident occurred when Sandor Guillen, 30, struck the Camacho family’s minivan with his Land Rover, tearing the van in half before fleeing the scene. The police later apprehended Guillen in a nearby field and charged him with DUI manslaughter, vehicular homicide, and leaving the scene of an accident. In March, a jury found Guillen guilty on all three counts.

On June 6, Miami-Dade Circuit Judge Ellen Sue Venzer sentenced Guillen to 20 years in prison, as well as 2 years of house arrest, 7 years probation, and a yearly charitable donation in Camacho’s honor.

This tragic case has rocked the community, its notoriety attracting crowds of spectators and much media attention. Although Guillen made no statement of remorse at his sentencing hearing, family members accused the media of making the case into a “modern-day lynching,” depicting the defendant as a monster rather than an upstanding individual who made a terrible mistake.

Cases such as Guillen’s present heartbreaking scenarios to everyone involved. Driving under the influence is a serious charge with heavy consequences, and when a person has died, the tragedy extends to the perpetrator, the victims, their families, and the community.

California DUI Law

Under California law, an individual can be charged with vehicular manslaughter when the defendant violates a traffic law or engages in negligent behavior leading to the death of another person. When alcohol is involved, the offense becomes more complex and severe.

In some DUI manslaughter cases, law enforcement agencies may file premature and excessive charges against the defendant to try to force a plea deal. The media may portray defendants as villains, when in reality, they are simply individuals who have made grave errors.

If you are facing DUI manslaughter charges, you are likely frightened, overwhelmed, and full of regret. You don’t need to face this on your own. A Los Angeles DUI attorney well-versed in California law and the legal system will use every tool available – from accident reconstruction to toxicology to eyewitness reports – to resolve your case.

Contact Kraut Legal Group today to begin your defense.
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Published on: June 9, 2014

Cedar City, Utah Police Officer Faces DUI Charges After Alleged Hit-and-Run

by Michael Kraut

Individuals facing a Los Angeles DUI may relate to Jed Prisbey Imlay, a Cedar City, UT police officer arrested for driving under the influence on Monday, June 2.

On the force since 2005, Imlay doesn’t appear to have any previous marks on his record. However, on the evening of June 2 at around 7 p.m., he allegedly struck a retaining wall with his patrol car near a local baseball field. Although his cruiser was damaged, the retaining wall remained unharmed. However, rather than reporting the incident or waiting for backup, Imlay fled the scene.

After a witness called to report the accident, Imlay was arrested and charged with a class A misdemeanor (driving under the influence) and a class B misdemeanor (leaving the scene of an accident). Considering the Cedar City Police Department’s conflict of interest in the case, the Utah Highway Patrol is leading the investigation.

Since Imlay left the scene of the accident before investigators arrived, it will be difficult to know with certainty what occurred that evening. However, the damage to the patrol car, the eyewitness testimony, and the results of Imlay’s alcohol screening test appear to provide convincing evidence of his culpability.

Although this incident occurred in Utah, it presents several compelling legal issues to Californians, such as:

• How reliable is the information provided by the eyewitness? Did the individual provide a thorough description of Imlay, plate numbers, or other identifying information?

• When was the preliminary alcohol screening (PAS) or blood alcohol test (BAC) administered, and how long after the incident? California Vehicle Code Section 23152 (a) sets the DUI standard at blood alcohol levels of 0.08 percent or more, within three hours of the incident.

• What is the nature of the class B misdemeanor? Under California Vehicle Code Section 20002, defendants aren’t subject to criminal liability unless they cause damage to the other party’s property. Although the retaining wall wasn’t damaged, the patrol car – presumably owned by the Cedar City Police Department – was.

If you face a complex DUI case such as this one, working with a qualified Los Angeles DUI attorney is crucial to ensuring a fair trial. Michael Kraut, a Harvard-trained former prosecutor, knows the law and will work with you to craft a solid defense. Contact Kraut Law today. Continue reading

Published on: June 4, 2014

The Moment Before You Had the Drink That Led to Your Los Angeles DUI: Why?

by Michael Kraut

Given all the sturm und drang over your Los Angeles DUI arrest, you’ve had very little time to reflect about events. The little thinking you’ve done has likely been “surface level” thinking. For instance, you’ve probably spent some time puzzling out:

•   What to do about your job;
•   How to get by without a license;
•   What to tell your parents or peers about what happened;
•   How to find an effective Los Angeles DUI defense lawyer to represent your interests and help you avoid (or at least minimize) punishments for your crime, which could range widely and include tough probation terms, forced installation of an interlock ignition device in your car, mandatory CA license suspension, fees and fines and prison time.

But could you benefit from considering your Los Angeles DUI in a different kind of context? What if you tried to figure out what drove you to drink too much (if you did, indeed, drink too much)? What if you spent time puzzling out WHY you got behind the wheel while DUI?

These questions sound almost sophistic and possibly irrelevant. After all, who really cares why you did what you did? You just want to get out of trouble, stay out of jail, avoid the fines, etcetera. But reflecting on your mistakes (if you made any) is vitally important, if you hope to achieve the best outcome.

Such thinking could possibly inform your defense strategy. It could help your attorney figure out what kind of evidence to collect. It could help you figure out what you need to do to avoid future DUI trouble. For instance, let’s say you have a history of driving problems or trouble with drugs and alcohol. If you’re honest about that history, your attorney can help you find a good therapist and other resources to keep you on the straight and narrow, going forward.

So how CAN you figure out what “tipped you” into making your fateful decision?

Try to think back to the key moments of the day or evening of your DUI arrest. What were you thinking about right before you grabbed the keys and got behind the wheel? What were you thinking about right before you chose to have that fourth beer or glass of wine? What were you thinking about just before you drove away from the scene of your Los Angeles DUI accident? What were you thinking about just before you got into the verbal fight with the police officer?

Seek to understand the thoughts and emotions that triggered your strange/unwanted behavior. Your attorney can use this thought process as a springboard to contrive an intuitive and effective defense.

For help getting to the bottom of your Los Angeles DUI situation, get in touch with attorney Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc.. Mr. Kraut is a vastly experienced ex-criminal prosecutor with a long history of successes in complex criminal trials.

Published on: June 2, 2014

Double Zap DUI – Police Bring Down Fleeing Suspect with Two Jolts of a Taser

by Michael Kraut

If there’s any state with crazier DUI stories than Southern California, it is Florida.

To wit, consider a bizarre arrest last week out in Manatee Country, where 42-year-old Larry Ryans was busted for multiple charges, including DUI, possession of a concealed weapon and resisting arrest without violence, after he bolted from police while sherriff’s deputies tried to handcuff him.

According to local reports, a deputy stopped Ryans at around 2:20 a.m. on Sunday (a common time for DUI busts, since that’s when Saturday night parties tend to end) at 14th Street and Bayshore Gardens Parkway. Deputies apparently put Ryans through the paces of a field sobriety test and found probable cause that he had been DUI.

And so began the arrest process… But Ryan was having none of it!

Before officers could handcuff him, he twisted and bolted, tearing across the parking lot of a local Target. A deputy brought out his taser gun and zapped Ryans with the taser. The man collapsed onto the parking lot but then got up again and kept running. Another deputy fired a second taser shot, knocking Ryan down and allowing officers to cuff him and book him.

Paramedics treated Ryans for abrasions to his arms and hands and found two taser probes embedded in him – one in his lower left leg and one in his lower back. Deputies also alleged that Ryans had a concealed dagger inside his shirt. Authorities held him on a $50,000 bond.

We’ve discussed in the past how DUI defendants often make their situations (much, much) worse after they get caught, because they resist arrest, leave the scene and otherwise engage in unwise/illegal practices. The job of the defense attorney, therefore, becomes more complicated. The goal is not just to figure out why you got the DUI and what you can do to fight it but also to understand the gamut of other coincidental charges.

Along those lines, police can also say or do things during or after a stop that can complicate the process. Sometimes, the police are justified in taking extreme measures, like using tasers to stop people from fleeing arrest. In other cases, police use excessive force, pull people over without probable cause or otherwise violate people’s Constitutional rights.

The moral is that you need an attorney who can understand the entire context of your arrest — as well as all the charges at play — and construct a defense that’s tailored to your needs.

Fortunately, the team here at the Kraut Law Group Criminal & DUI Lawyers, Inc. has a great track record of building effective defenses. Contact former city prosecutor and Harvard Law School educated Los Angeles DUI attorney Michael Kraut immediately to set up a free consultation.

Published on: May 28, 2014

NFL Contemplates New Penalties for Football Players Who Drive DUI

by Michael Kraut

The Los Angeles DUI defense community is buzzing with news that the National Football League (NFL) may be revising its rules regarding how professional football players should be punished after being caught for DUI.

Why does the defense community at large care? What are the proposed rule changes, and what do they aim to accomplish?

Let’s address the nitty-gritty first and then talk in more general terms about why these proposed changes could have profound ramifications not just for football players and other athletes but for DUI defendants in general.

The NFL Players Association (NFLPA) and NFL are striving to change the substance abuse policy for the league. Right now, first time DUI offenders automatically get fined two game checks. The NFL wants to throw a one game suspension into the mix. The NFL and NFLPA also want to revise the rules about the human growth hormone (HDH) testing process. Both groups agree that HDH testing should be done, but they can’t figure out who should arbitrate any decisions – an independent arbitrator or Roger Goodell, the NFL’s top dog.

The policy changes seem subtle. However, they can teach us several important lessons:

1. DUI policy is always in flux.

The rules governing when and how DUI drivers should be punished are constantly changing, both in the NFL and in state legislatures. To that end, do not attempt to construct a defense by yourself; rather, work with an experienced attorney who understands the latest and most important legal changes.

2. The conventional wisdom almost always favors punitive approaches for dealing with DUI.

One of the key ideas behind the NFL’s proposed policy change is that, by threatening players with even more penalties for driving DUI (i.e. a suspension, rather than just a fine), the league hopes to curb DUI behavior. However, this assumption may or may not be true. Some research, for instance, suggests that ratcheting up punishment in such a fashion does not deter recidivism.

3. DUI behavior is a social phenomenon.

Human beings are deeply influenced — at unconscious or subconscious levels — by how their friends and peers behave. If you play in the NFL, for instance, and you see a lot of your friends or colleagues drive under the influence, you might be more likely to get arrested yourself for that crime. This is not a conscious choice – we just tend to mimic people who we think are similar to us. To that end, if you have been hanging out with a crowd that’s prone to partying and breaking the law, think about getting new friends.

For help understanding your charges and formulating an effective Los Angeles DUI defense, call attorney Michael Kraut today at the Kraut Law Group Criminal & DUI Lawyers, Inc. to schedule a free consultation.

Published on: May 26, 2014

Driver Who Crashed Ferrari at 100 Miles Per Hour Gets 7th DUI, But Won’t Spend a Single Day Behind Bars

by Michael Kraut

When people read about Los Angeles DUI defense stories, they often get suspicious. Are DUI attorneys simply getting dangerous people “off the hook” and causing miscarriages of justice?

The reality is: absolutely not.

Attorneys like Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. work diligently to ensure justice and fairness and to protect people who don’t understand their rights and obligations. But every once in a while, some ridiculous story comes down the pike that seems to confirm the popular suspicion that DUI lawyers are simply in business to get dangerous drivers off the hook. This sets our entire cause back substantially.

Consider, for instance, the recent case of Joseph Shaun Goodman, a Washington state man who smashed up his $70,000 silver Ferrari F360 on December 29, 2013, after leading police on a high speed chase. Per news reports, this was Goodman’s seventh lifetime DUI arrest. He just pled guilty to both the DUI charge and a felony charge for alluding police.

However, per his arrangement, he will not spend a single day in jail.

Another man, Henry Griffin, had been riding in the car with Goodman on the evening in question, when police saw his Ferrari speeding and tried to pull him over. Instead of stopping, Goodman fled, driving erratically at high speeds. Griffin called 911 and begged his friend to let him out of the car. Goodman finally slowed down enough so that Griffin could jump out of the car. He did and got pretty banged up as a result.

Griffin, who was still on the line with 911, then reported “I jumped out of the car and now I’m calling you guys because you I’m scared he might be looking for me… he smoked them, man. I mean, he went so fast.”

Griffin later told a local paper “he hit a buck thirty through all the red lights in town… I thought I was going to die, 100%.”

Eventually, Griffin crashed, and police caught up to him. They tested him and found that he had a 0.16% BAC – twice the legal limit in Washington and here in Southern California. He was busted not only for felony eluding and felony DUI but also on suspicion of falsely imprisoning Henry Griffin. Local law says that someone with two or three DUI priors gets, who get caught for DUI again with a BAC greater than 0.15%, must serve a prison sentence of 120 days. But Goodman somehow managed to get out of this penalty, prompting Griffin and two dozen others to protest the lenient punishment.

In Southern California, if you are convicted three times for DUI within a period of ten years, you can similarly face mandatory massive jail time, even if you didn’t hurt anybody, elude police or falsely imprison anyone in your vehicle.

Whether Goodman’s result was another case of “affluenza,” as critics have said, or just a fluke or lucky break is impossible to say.

If you or someone you love wants a free consultation about your rights and options, call former Senior Deputy District Attorney for Los Angeles Michael Kraut today to get the insight you need into your Los Angeles DUI defense.
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Published on: May 19, 2014

Softening DUI Law in Illinois: What Does It Mean for Los Angeles DUI Offenders?

by Michael Kraut

As regular readers of our Los Angeles DUI blog know, penalties for getting convicted even for misdemeanor DUIs can be quite intense and can lead to lengthy license suspensions, substantial time behind bars, massive fees, spikes on your insurance rates, unpleasant probation terms, and more — and that’s just for first time offenders who don’t hurt anyone or commit other crimes.

But DUI law is constantly in flux.

Consider, for instance, a new proposed law out of Springfield, Illinois, where members of the state House voted last Wednesday 15-0 to approve legislation to allow DUI offenders with revoked licenses to get a second chance to get behind the wheel.

Even members of the anti-DUI advocacy group, Alliance Against Intoxicated Motorists, backed the legislation, because it gives deserving people a second chance. The legislation would let people who have been convicted for DUI up to four times obtain restricted permits to drive… with lot of caveats:

•   First of all, they must wait five years.
•   Secondly, they must demonstrate that they have been sober for three years by completing alcohol treatment programs.
•   Finally, they need to install breathalyzer devices in their vehicles permanently.

State representative, Elaine Nekritz, a Democrat from Northbrook, sponsored the bill, and it will now be sent to the floor for a vote.

Is SB 1996 a “good thing” for the community? Does it create hazards for drivers? Should motorists and pedestrians applaud it or condemn it?

These are all very important questions, and they speak to a critical point, which is that DUI legislation really should be based on good science and objective research.

What actually works, in the real world, in terms of reducing fatalities and DUI related accidents on the road?

What actually works in terms of rehabilitating drivers and preventing them from repeating their mistakes behind the wheel?

What actually works in terms of developing auto and road engineering systems to minimize the likelihood of crashes?

California law punishes recidivist (repeat) DUI offenders more harshly than it does first time offenders. For instance, if this is your first DUI, and you are convicted, you may face 48 hours in custody (up to six months behind bars), a one year license suspension, a minimum of six weeks of alcohol school and other penalties.

However, if this is your third or fourth arrest within 10 years, your minimum jail time, license suspension time, and alcohol school time will be jacked up significantly. You may lose your license for three or more years and face way more 48 hours behind bars, depending on circumstances.

No matter what happened in your case, an experienced Los Angeles DUI defense attorney here at the Kraut Law Group Criminal & DUI Lawyers, Inc. is standing by to assist and help you make smarter decisions. Call or email us today for a free consultation.
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Published on: May 14, 2014

Jett Adkinson, Daughter of Country Legend, Hank William Sr., Busted for DUI [Again]

by Michael Kraut

It’s a sad tale that we keep noticing here on this Los Angeles DUI blog — children and relatives of famous celebrities cause terrible harm to their reputation and future (and sometimes to other people) by making unwise choices regarding drinking and getting behind the wheel.

To wit, consider the recent arrest of 61-year-old Jett Adkinson, daughter of the famous country singer, Hank William Sr. Police arrested Adkinson last Friday, after witnesses noticed that she had been driving on the wrong side of the road. Police stopped Adkinson at around 10.30 PM, after she allegedly forced a red truck to swerve to avoid her on Leeville Pike and Hartmann Drive. She later told authorities that she had consumed “some wine” before getting into her vehicle. She allegedly exhibited signs of DUI, including odor of alcohol on her breath, and she failed her field sobriety tests.

Adkinson originally insisted that she had just been drinking diet coke and eating pizza.

This is Adkinson’s second DUI of the year. Police pulled the Nashville native over in February after witnesses saw her Jaguar weaving between lanes. Adkinson was born five days after her father died; she apparently had no idea about her legacy until the 1980s.

While Adkinson had insurance on her, many people stopped for DUI don’t have insurance – and don’t have up-to-date licenses, either. If you are stopped and charged per CVC code 23152(a) or 23152(b), you are not mandated to tell your insurance company about the DUI right away. If your attorney can dismiss the charges, you may not have to tell the insurance company at all.

However, IF the insurer does find out about the DUI, your rates could spike and cost you literally thousands of dollars over the next months/years. Your insurance company will examine your DMV record whenever assessing you for renewal. If a representative spots a DUI, your rates will probably go up. A carrier can also discover your DUI if/when you seek an SR-22 certificate, which is required by law to confirm that you meet the Golden State’s insurance requirements. You must request an SR-22, after your license suspension, if you want to drive again. At that point, the insurer will find out about the DUI, and your rates could go up.

For help understanding what to do to fight back against your charges, contact a Los Angeles DUI defense lawyer with Kraut Law Group Criminal & DUI Lawyers, Inc.. Mr. Kraut is an experienced former prosecutor (Senior Deputy District Attorney) who has helped people just like you prevail with their cases.

Published on: May 12, 2014

One of the Most Awful and Unfair DUI Arrests of Recent Memory

by Michael Kraut

Do you sometimes wonder why Los Angeles DUI defense attorneys do what we do?

After all, isn’t it a universally “good thing” that police officers scoop dangerous drivers off the street and punish people who make dumb decisions that ultimately take lives?

Obviously, the police can and do awesome work to protect us all, and even the most aggressive DUI defense advocate believes we should live in a world with consequences.

But a recent case out of Wisconsin demonstrates dramatically why teams like the Kraut Law Group Criminal & DUI Lawyers, Inc. do what we do.

On February 20, 2013, a 25-year-old Wisconsin woman, Tanya Weyker, suffered a broken neck (in four places), after a sheriff’s deputy hit her car, sending it into a tree. As the woman told Fox News, “it was a miracle I wasn’t paralyzed.”

It was already a bad and horrible situation for Weyker. But it got much worst.

The sheriff’s deputy who hit her, Joseph Quiles, blamed her for the accident and arrested her for DUI, sending her into a legal and logistical nightmare. Weyker had been prescribed Vicodin for wisdom teeth that she had had out, but she hadn’t taken that drug for a week. She did say at the scene that she had had “a few sips” of a friend’s drink. Deputies also noticed that she had red, bloodshot eyes. But then again, she was crying from the pain of her accident (she had just been knocked into a tree and had broken her neck in four places!)

Even though she was too hurt to take a breath test or blood test, authorities still arrested her on five charges, including DUI with injury. In California, that’s a very serious charge, punished by CVC 23153, and it can lead to a felony conviction and over a year behind bars.

Even more awfully, in the police report, Deputy Quiles wrote that he had come to a full stop at the stop sign and that Weyker didn’t have her lights on. Weyker happened to have a Toyota Camry, which always turns on the lights automatically, so he was factually incorrect. And Weyker’s blood tests came back completely negative, meaning she not been DUI in the least.

Two days after the accident, surveillance footage of the accident emerged and showed that Quiles was clearly at fault. But instead of exonerating and apologizing profusely to Weyker, law enforcement continued to pursue the case.

Meanwhile, Quiles has finally admitted to causing the crash. Here is a transcript from an internal investigation:

Investigator: “You believe that you probably did roll [through the stop sign]?”

Quiles: “Yes. Yes I do.”

Investigator: “Because of that, do you believe you are at fault for this accident?”

Quiles: “That’s correct.”

Weyker has filed a complaint, which could pave the way for her to launch a civil suit against that police department.

If you or someone you love needs a DUI defense, call a Los Angeles DUI defense attorney with the Kraut Law Group Criminal & DUI Lawyers, Inc. immediately for a free consultation.

Published on: May 9, 2014

Los Angeles DUI Checkpoints and Police Patrols Abound Over Cinco de Mayo

by Michael Kraut

Cinco de Mayo is a joyful celebration that sweeps the Southland every year, but it’s also a time when many people drive under the influence in Los Angeles.

The holiday is over 150 years old — it was kicked off in 1862, after Mexicans defeated the French in a pivotal skirmish called the Battle of Puebla. But police are still trying to understand the dynamics of “celebratory DUIs” during Cinco de Mayo and other major holidays, including Labor Day weekend, Memorial Day weekend, Thanksgiving, Christmas Eve, Super Bowl Sunday, and Valentine’s Day.

The LA Weekly reports that officers set up diverse patrols throughout the Southland for the holiday. On Friday night, for instance, the Los Angeles Police Department set up checkpoints on Western Avenue and 8th Street. They also set up checkpoints in Koreatown from 8 PM until 2 in the morning, as well as checkpoints in East Hollywood at Vermont and Melrose. Other Friday checkpoints included a 7 PM to 1 AM patrol at Huntington Drive and Popular Avenue in El Sereno and a South Los Angeles checkpoint at Avalon and Manchester Avenue. LAPD ran another checkpoint in Lancaster from 6 PM to 2 AM on Friday.