Jared Hale, Former Marine, Sentenced to 11 Years in Jail for Deadly DUI Crash

As someone recently arrested for a Los Angeles DUI, you may find it instructive to read about the heartbreaking case of former Marine sergeant, Jared Hale, who was just sentenced for a causing a deadly DUI crash in 2012. Hale served at Camp Pendleton; he had been driving with three friends when he crashed the vehicle at Dana Point. All passengers suffered fatal injuries.

The Marines had all been in their early 20s at the time of the crash, and according to case reports, they had all been drinking at Hennessey’s Tavern, a local watering hole. Hale was supposed to be the designated driver that night, but reports say that he ended up with a BAC level of .18% — more than twice California’s legal limit.

The court denied Hale an alternative sentence, including treatment time in lieu of prison. Hale’s attorney argued that his drinking had been a clumsy attempt at self-medicating. Therapists had diagnosed him with post-traumatic stress disorder as a result of his experiences in Sangin, Afghanistan. His lawyer cited a state law that asks courts to take into consideration whether military related injury or trauma might have indirectly or directly influenced bad decision making or behavior.

The presiding judge responded that, although Hale’s case was unfortunate, “the court does not find his story plausible or believable.” Hale will be serving an 11-year jail sentence.

Crashes that involve alcohol are considered aggravated DUI in California. When someone dies as a result of a crash that involved intoxication, authorities may seek different charges. Police reports can play a vital role in determining which charges are brought against an individual. A DUI attorney will also conduct an investigation of charges in a deadly DUI crash, which is why securing representation early is an important step to protect your rights. If you or someone you love faces a deadly DUI crash charge, obtaining key evidence early could help exonerate you or help you plead down to lesser charges.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Law Group’s Michael Kraut for insight and peace of mind. Mr. Kraut is an experienced Los Angeles DUI attorney with many relevant connections in the local legal community.

If police stopped you for Los Angeles DUI, you may be worried and anxious. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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The Most Dangerous and Deadly Day for Los Angeles DUIs is Approaching…

We’ve actually touched on this issue before in previous posts, but even if you are a regular reader, you might have forgotten. What is the most dangerous day for Los Angeles DUI in the calendar year? Common (but wrong) guesses might include:

•    New Year’s Eve;
•    Super Bowl Sunday;
•    Fourth of July;
•    Memorial Day Weekend;
•    Labor Day Weekend;
•    Christmas Eve;
•    Halloween;
•    St. Patrick’s Day.

All these days actually do witness an above average rate of DUI driving, and you need to take special precautions during those holidays, whether you are driving or walking around as a pedestrian. But there is one day that’s actually substantially more dangerous – and that day is the day before Thanksgiving.

That might strike many people as strange.

Why would the day before Thanksgiving be a time for DUI driving? The answer probably has to do with the behavior of college kids who are returning home from college to their families for the Thanksgiving holiday. For college students who have left home to go to college, Thanksgiving break is often the first time that they get reunited with their high school friends. And even though young people cannot legally consume alcohol until they are 21-years-old, many people who go off to college find ways around these restrictions and end up experimenting substantially with alcohol during their first 2.5 months of college. So when they come home, they may be still in a giddy experimental stage with alcohol. These young college students come home to meet up with their friends who are also experimenting. Thus, things can get a little haywire. Some statistics suggest that the spike in DUI rates over Thanksgiving can be at least partly attributed to this kind of “college student effect,” although more research is needed to determine the real truth.

So why would the night before Thanksgiving be more dangerous than Thanksgiving itself?

The answer again comes back to patterns of behavior. On Thanksgiving, most people stay in with their families and eat and watch football and talk. In other words, there is not a lot of mobility. So even if people might be consuming lot of alcohol on Thanksgiving, they are staying in. On the night before Thanksgiving, however, many people who have already returned home for the holidays, but they are not necessarily hanging out with their families. Hence, we see this spike in DUI accidents on the day before the holiday.

So what can you do if you or someone you love got arrested for DUI driving during the Thanksgiving holiday?

Your first step should be to contact a reputable Los Angeles DUI defense lawyer, like Michael Kraut of the Kraut Law Group. Mr. Kraut has an extensive track record of success as both a prosecutor and a defense attorney; he previously served as a Deputy District Attorney for Los Angeles for nearly 15 years. He and his team can provide critical guidance you need to make your decisions. Call today for a free consultation.

Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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20-Year-Old Woman Given 10 Years for Deadly New Year’s DUI Accident

By guest-writer
A 20-year-old Florida resident was recently sentenced to 10 years in prison for killing two men in a felony DUI accident on New Year’s Day 2010, according to a report from the Orlando Sentinel.
Earlier this year, Nieves pled guilty to two counts of DUI manslaughter and had waited several weeks for the judge to make a determination about the length of her sentence.
Sources indicate that, at the time of the accident, Toni Nieves was already on probation for a previous drunk driving incident when she struck and killed 18-year-old Bradley Summersill and his 22-year-old friend, Brian Walker.
Summersill and Walker had been driving to a nearby town to pick up a friend’s mother when their car was struck by Nieves’ vehicle.
The sentencing was fraught with emotion, as the mothers of the two men held up pictures of their dead sons while Nieves refused to lift her eyes to look at the pictures.
Summersill’s mother made an emotional appeal to Nieves, telling her that she “should have never been on the road that night,” as she fought back tears.
In response to the emotions displayed by the families of the victims, Nieves’ stepfather, Frank Petrillo, later offered an apology on her behalf, saying there was a “lot of anguish here and a lot of feeling” and noting that he and his family were deeply sorry for the tragic result of the accident.
At the time of the fatal DUI accident, Nieves was already serving probation for a previous DUI, and sources say that the terms of her probation prohibited her from driving, much less driving while under the influence of alcohol.
Sources say that Nieves’ blood alcohol content was measured at 0.189 percent, which is significantly higher than the legal limit of .08. She claims that she saw the other vehicle’s taillights and, instead of hitting her brakes, accidentally hit the gas pedal.
During the court proceedings, Nieves’ family claimed that Summersill, the driver of the other car, should share a portion of the blame because he allegedly pulled in front of Nieves’ car and reportedly had a blood alcohol level of 0.10 percent after the accident.
The judge may have taken this mitigating factor into consideration when sentencing Nieves, because the young driver faced a maximum sentence of 30 years in prison.
Instead, Nieves will serve a decade in prison, which will be followed by five years of court-supervised probation. In addition, Nieves will eventually have to pay $20,000 in restitution to the families of the two sons for the cost of their funerals.

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