los angeles DUI

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 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 Criminal & DUI Lawyers 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 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 Criminal & DUI Lawyers 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 Criminal & DUI Lawyers immediately for a free consultation.

Published on: May 7, 2014

$100,000 Bail Set for Man Who Rammed Cars at Southern California DUI Checkpoint

by Michael Kraut

Authorities arrested 34-year-old Eric Paul Ivanoff for driving under the influence in Southern California, after he caused an awful accident last Friday evening in Orange County.

Police in the community of Cypress had set up a checkpoint, which had been operating for just 30 minutes, when Ivanoff’s vehicle smashed into several cars waiting in line. The force of the collision injured three people badly enough that they had to be hospitalized. (All were listed in stable condition, as of this posting).

But then Ivanoff made the situation worse – much worse – by hopping on his vehicle and fleeing the scene. Authorities found him shortly after and arrested him. Allegedly, he resisted arrest and even injured one of the officers who pursued him. Cypress Police reported that “three victims were transported to a local hospital, two of whom were transported to a trauma center with moderate injuries.”

After booking Ivanoff on charges of hit and run, DUI, resisting arrest, and resisting arrest with violence, authorities set his bail at $100,000.

Obviously, the whole story is scary and sad for many reasons. The situation illustrates, dramatically, how DUI defendants can make their situation much, much worse, even after getting caught or stopped by the police.

As Ivanoff approached the checkpoint, he might have been self-conscious. Perhaps he had consumed several drinks before getting behind the wheel. So he might have anticipated that police would have arrested him. Getting busted at a checkpoint is obviously no fun, and a misdemeanor DUI charge can lead to several days in jail, the loss of your California driver’s license, mandatory alcohol school, tough probation terms, spikes on your car insurance rates, and other indirect problems.

However, since he hit and hurt other people, he likely will now be charged per California Vehicle Code Section 23153 (the injury DUI law). This means that he could face over a year behind bars for each person he hurt while driving DUI.

As if that wasn’t bad enough, he (allegedly) got out of his car, fled the scene, and then attacked an officer. Each one of those mistakes, on its own, could complicate his defense tremendously. Hit and run is a serious crime, as is resisting arrest, as is resisting arrest and then hitting an officer.

Fortunately, no one died in the accident, but it holds important object lessons.

If you or someone you love faces complex Los Angeles DUI charges, call the effective and thorough legal team here at the Kraut Criminal & DUI Lawyers for a confidential case consultation.
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Published on: April 14, 2014

Tragedy Strikes Ventura County as Assistant Principal Killed by Alleged DUI Driver

by Michael Kraut

Tragedy struck on South Victoria Avenue over the weekend, as 38-year-old assistant principal, Christopher Prewitt, lost his life after being struck by a car driven, allegedly, by a DUI driver.

Authorities arrested 23-year-old Shante Chappell of Oxnard for Los Angeles drug DUI and vehicular manslaughter in connection with the crime. Chappell made a $50,000 bond, and he faces his first day in court on Friday.

Prewitt, who had a major hearing disability, competed for the U.S team in the World Games for the Deaf as a water polo player. He coached and taught at the DeAnza Academy of Technology and Arts. The principal of that school, Hector Guerrero, reflected on Prewitt’s life and legacy, saying that he impacted “thousands of lives” and that “positivity was what Chris Prewitt was, and the kids absolutely loved that about him.”

This is obviously a deeply tragic loss – not just for Prewitt’s family, but also for the community and the school – and it speaks to how DUI manslaughter cases can ripple across many lives and the entire community.

Given the profound nature of these charges, prosecutors can seek substantial penalties in such cases. Depending on the nature of the crash and death, a defendant can face stringent charges per California Penal Code Section 191.5(a) – “gross vehicular manslaughter while intoxicated.” This charge is complex, and prosecutors must work diligently to prove, among other things, that the defendant acted in a “grossly negligent” fashion. Technically speaking, that’s a type of negligence that goes beyond ordinary carelessness and bad judgment or lack of attention.

Consider, for reference, the Olivia Culbreath case. In case you missed the headlines, a young woman, while allegedly DUI, killed 6 people after driving 100 miles per hour the wrong way on the 60 freeway. Culbreath’s alleged actions could easily be considered grossly negligent, because everyone knows that driving 100 miles per hour the wrong way on the freeway can create a high risk of bodily injury or death. Any reasonable person would tell you that.

Without more facts about the Prewitt case, it is hard to know what prosecutors will ultimately ask for in this case.

If you or someone you love is contending with a Los Angeles DUI charge, former prosecutor and Harvard Law School educated attorney, Michael Kraut, and his team at the Kraut Criminal & DUI Lawyers would be happy to provide a free and confidential consultation about your options.
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Published on: April 9, 2014

Checkpoints in Malibu Lead to 20 Arrests, as LAPD Sets Up Saturation Patrols Elsewhere

by Michael Kraut

It’s been a busy week for the LAPD, at least as far as Los Angeles DUI arrests are concerned.

According to the LA Weekly News, police set up multiple saturation patrols and checkpoints throughout the Southland last weekend. On Saturday night (from 7 PM to 1 AM), the LAPD patrolled South LA, near the 77th Street Division area, as well as Huntington Drive near Poplar Boulevard in El Sereno. The police also set up another saturation patrol on Sunday in the West Valley Division area.

Law enforcement officials argue that these patrols prevent deaths and injuries on the road. Per the LAPD: “research shows that traffic collisions involving an impaired driver can be reduced by up to 20% when well publicized DUI checkpoints and proactive DUI patrols are conducted routinely.” While these patrols can, indeed, make the roads safer, they can often capture innocent people in the dragnet, forcing those drivers to endure license suspension, jail time, humiliation, spikes in their insurance rates, and other frustrating consequences.

The authorities set up another checkpoint on PCH over the weekend, netting 20 DUI arrests after checking out 150 drivers. That LAPD checkpoint, which ran from 7 PM to 3 AM, per a Sheriff’s Country press release: “was one of many that have been and will be conducted throughout the year in Malibu.” Authorities arrested 10 people for driving without a license, impounded three vehicles, and even arrested someone for refusing to comply with checkpoint instructions.

History of DUI Checkpoints in L.A. and Beyond

Believe it or not, checkpoints have only been considered Constitutional for a few decades. A landmark case decided by the Supreme Court in the late 1980s considered whether DUI checkpoints violated Fourth Amendment rights. The Supreme Court ruled that such checkpoints were Constitutional, but the court put many constraints on them. For instance, police cannot hold vehicles indefinitely or use excessive force. Authorities are also limited in terms of when and how they can establish and run checkpoints.

Checkpoint Defenses

Depending on when and how you got arrested, you may be able to challenge the validity of the checkpoint or the arrest. For instance:

•   Perhaps police incompetence or negligence occurred;
•   Maybe the blood test that showed that you were above the legal limit was badly calibrated or improperly administered or recorded;
•   Perhaps the police failed to read you your rights, engaged in abusive or overly aggressive behavior, or searched your vehicle without probable cause.

For help, call experienced Los Angeles DUI defense attorney, Michael Kraut, and his team today for an even, clearheaded consultation about your defense options.
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Published on: April 7, 2014

Should Certain Los Angeles DUI Offenders Be Punished Much More Harshly Than Others?

by Michael Kraut

Are all Los Angeles DUI offenders equal?

Obviously, the simple answer is no. For instance, let’s say you just got pulled over at a checkpoint. A police officer gave you both breathalyzer and field sobriety tests. You failed both. Now, you face a misdemeanor charge of violating California Vehicle Code Section 23152.

Alternatively, let’s say you hurt somebody while committing the same crime. Suddenly, you face charges under a different law – felony charges! – per California Vehicle Code Section 23153. There are other ways the law slices and dices DUI offenders. The law stipulates different punishments, depending:

•   If you were under age when you got behind the wheel while DUI;
•   If you’re a repeat offender (the law suggests more intense punishments for second and third time recidivists);
•   If you committed additional crimes while DUI, such as hit and run, battery against a police officer, etcetera;
•   If you were egregiously over the legal limit.

But are these classifications “fine grained” enough? More to the point: might there be certain classes of offenders who should be punished far more harshly than “standard” Los Angeles DUI offenders?

For instance – and we’ve all seen drivers like this – but let’s say you see a 19-year-old kid in a hot rod car speeding while likely DUI on the 405. He cuts across 4 lanes of traffic and nearly causes four wrecks before police pull him over. He behaves extremely aggressively/recklessly/obnoxiously. In an ideal world, perhaps the 19-year-old should lose his license for ten years and be forced to write handwritten apologies to everyone he almost killed.

Obviously, that wouldn’t/shouldn’t happen. But that’s the gut reaction many of us have, when we see drivers behaving super obnoxiously: “that guy should have his license taken away forever and should be thrown in jail, just for being a jerk.”

We’ve all had those thoughts – even people who defend DUI drivers for a living!

The question is: is there scientific merit to such thinking? Are superb obnoxious drivers, for instance, more likely to get into injury crashes? If we could catalogue drivers in a more fine grained way, could we come up with more appropriate punishments for certain crimes? Even if we COULD slice and dice the galaxy of offenders like that, would we really want to? Practically speaking, this strategy would open up a whole raft of moral and legal questions.

The problem is inherently complicated and messy – and that’s the point of this thought exercise. Dealing with DUI is an inherently messy exercise. The law cannot foresee every situation, nor spell out every contingency plan. And that’s why it’s so important for a defendant to work with a seasoned Los Angeles DUI lawyer. You need to stay on track and avoid getting confused or misled.

If you haven’t already retained an attorney, call Michael Kraut of the Kraut Criminal & DUI Lawyers today to explore your defense options. Mr. Kraut is a seasoned former prosecutor; he can help you come to terms with your charges and get excellent results.
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Published on: April 1, 2014

New Book Challenges Validity of Los Angeles DUI Treatment Methods

by Michael Kraut

If you’re arrested and convicted for driving under the influence in Los Angeles, you can face a gallery of potential punishments, including but not limited to:

•   DUI alcohol school;
•   Fines and fees;
•   Jail time;
•   Mandatory driver’s license suspension;
•   Mandatory installation of IID device in your car (which prevents you from driving unless you blow a “non-alcoholic breath” into a machine);
•   Harsh probation terms.

A standard remedy in DUI cases is rehab. The court can mandate that you enter rehabilitation to “get sober” and stop being a danger to the society.

12-step programs are ubiquitous in California. But they are surprisingly far less effective than the conventional wisdom would have you believe, at least according to Harvard University psychiatrist, Dr. Lance Dodes, author of the controversial but compelling new book, The Sober Truth.

Dr. Dodes (who co-wrote the book with his son, Zachary) argues that Alcoholics Anonymous (AA) has a success rate of only 5% to 10%. Astonishingly, most rehab facilities do not keep track of recidivism rates beyond a year.

The Dodeses provide compelling research that suggests that 12-step approach just doesn’t work for 90% of the people who enter the program. Nevertheless, AA remains the “standard candle” — the default treatment for alcoholism in our society. The Dodeses argue that other treatment methods have had far higher success rates — yet public health authorities don’t seem to care.

In fact, even though AA does work for 5-10% of people, 5-10% of alcoholics will spontaneously get better without ANY intervention. In other words, at least statistically speaking, AA treatment appears to be the equivalent of no treatment at all.

Dr. Dodes offers his own pet theory about what really causes addiction, which he details in another book, The Heart of Addiction. His central thesis is that addiction is a kind of compulsion – it’s not a “brain disease” caused by malfunctioning dopamine signaling, as some conventional experts suggest, but rather a psychological phenomenon.

To illustrate his point, Dr. Dodes points out that addicts often “feel better” the moment they make the decision to drink – NOT when the alcohol actually touches their lips. This evidence suggests that psychology is key to the process.

He also points out that, during the 1960s, many U.S. service personnel stationed in Vietnam became addicted to heroin – one of the most physically addicting drugs on Earth. When these soldiers returned from war, most quit heroin easily. Most “domestic” heroin addicts, by contrast, had (and still have) a horrible recidivism rate. Dr. Dodes suggests that this evidence again shows that the problem in alcoholism is fundamentally psychological: soldiers in Vietnam used the heroin to stave off feelings of helplessness caused by the fighting. Once they returned to a normal environment — no more fighting — they felt back in control of their lives and found that they could quit easily. The stimulus causing helplessness was no longer there.

Dr. Dodes’s research and thinking is obviously very stimulating. But if you have been arrested for Los Angeles DUI, you have more serious, practical considerations than understanding the nature of addiction. To that end, consider calling former Senior Deputy District Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today for a free consultation about your case.
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Published on: March 26, 2014

Private Eye Accused of Playing Role in Fake Los Angeles DUI Case Takes the 5th Amendment… 200+ Times on Witness Stand!

by Michael Kraut

It’s potentially one the most bizarre Los Angeles DUI trials of 2014…

A Riverside Private Eye, Chris Lanzillo, has taken the 5th Amendment (to avoid self-incrimination under oath) over 200 times in a recent deposition.

Lanzillo stands accused of following Jim Righeimer, the Mayor of Costa Mesa, back in 2012, and calling in a fake DUI report on him. The lawsuit says the PI tailed the mayor, called 911, and reported that the mayor had been driving erratically and weaving around. Lanzillo was working for the Costa Mesa Police Association, which had been in a major kerfuffle with Mayor Righeimer and his City Council.

Critics believe that Lanzillo – backed by the Police Association — engaged in an illegal smear campaign. Righeimer’s successor, Mayor Pro Tem, Steve Mensinger, says that someone also put a GPS device on his vehicle, when he ran for election.

An attorney representing the Mayor and the Mayor Pro Tem expressed his disgust with the whole situation: “It is very disturbing when any organization associated with law enforcement refuses to answer questions under oath on the grounds that the answer may incriminate them.”

The deposition of Lanzillo lasted a full three hours, and he took the 5th 200 times. That means that, on average, Lanzillo took the 5th more than **once a minute for three hours in a row**.

The Costa Mesa Police Union, meanwhile, denies the knowledge of the false DUI and instead places blame on a law firm it hired – Lackie Dammeier McGill & Ethir – which has since been dissolved. The firm had a reputation for representing police associations in a very aggressive manner.

Who knows how the trial down in Costa Mesa will turn out? It’s interesting to consider, and it does teach us that DUI cases can easily devolve into a situation of “he said, she said.”

How does anyone really know what happened during a DUI arrest (or accident) in an objective way? The answer is that objective fact finding is hard! An accident reconstruction expert – who is familiar with DUI crashes – should get involved, ASAP, and identify what happened prior to the collision. For instance, was the crash unavoidable, or did human error or negligence play some role? The analyst should also look at the mechanical condition of the vehicles involved, weather, traffic and lighting that may have been relevant, and road conditions.

To construct your Los Angeles DUI defense effectively, connect with Michael Kraut of the Kraut Criminal & DUI Lawyers immediately for a free consultation. Continue reading