By now many of you have seen the Wal-Mart DUI crash that happened in Semmes from Saturday, March 24, 2018. Thanks to John Lavin-Johnson, we see just how dangerous the driving of 33 year old Kayln Majors was. As of this post, Mr. Johnson's video has been viewed 35,000 times and shared some 514 times. The video is below and you can hear the narrator say, "She needs to be stopped!"
THE ACCIDENT REPORT
According to the just release Alabama Uniform Traffic Crash Report (as corroborated by the above video), Ms. Majors was driving erratically making a left furn from Moffett Road into the Wal-Mart parking lot slamming into a 2012 Lincoln Navigator occupied by two adults, a 2 year old child and a five month old infant child. Ms. Majors sustained injuries in the crash.
The video indicates that Majors had been driving in this condition for quite some time- from Saraland to Semmes.
While she was packaged and placed into an ambulance on the scene, an Alabama state trooper spoke with her and noted that she "appeared to be heavily intoxicated due to her droopy, blood shot eyes." This same trooper noted that her speech was "extremely slurred." Ms. Majors admitted to drinking Smirnoff Vodka prior to the crash.
After her arrival at the hospital, troopers secured a blood sample from Ms. Majors. According to the accident report, Majors admitted to "not only drinking vodka but she also admitted to taking and unknown amount of SUBOXONE." SUBOXONE is a drug that is used to treat opoid dependence/ addiction. It too is an opiate however) See What Is Suboxone? Addiction Expert Explains This New Treatment for Opiate Addiction That Might Have Saved Prince.
When mixed with alcohol, SUBOXONE can lead to loss of consciousness or even death.
After her release from the hospital, troopers arrested her for misdemeanor DUI and felony possession of a controlled substance. Trooper elected to charge her with driving under the combined influence of alcohol and a controlled substance.
Trooper conduced a search of her purse incident to her arrest where they discovered "an open package containing SUBOXONE strip...as well as one and a half XANAX bars." According to the trooper's narrative, Majors "admitted to owning the SUBOXONE but said the XANAX bars were not hers.
Some of the eyewitness facebook posts are indeed shocking.
LONG HISTORY OF SUBSTANCE ABUSE
A defendant must make a concerted effort to go to the penitentiary on a mere possession of a controlled substance offense. Majors tried really hard. She was arrested in 2011 for possession of a controlled substance-ALPRAXOLAM (Xanax)
She ultimately pled guilty to the felony offense and was placed on probation for 3 years on February 23, 2013.
FIRST PROBATION REVOCATION
She made it until July 1, 2013 when her probation officer filed a Delinquency Report with the court alleging that Ms. Majors violated her probation by failing to report on June 21, 2013 and June 28, 2013. Additionally she tested positive for Methamphetamine, opiates, and Benzodiazepines and could not provide a valid prescription.
She spent 36 days in jail and ultimately confessed that she violated her probation. The judge ordered her to be released for treatment at The Wings of Life. On January 9, 2014, Ms. Majors returned to Court and it is noted in the file that she successfully completed the Wings of Life. The Court then reinstated Ms. Majores to probation and ordered to report to her probation officer weekly and for weekly drug tests for the next six months.
SECOND PROBATION REVOCATION
On June 3, 2014, Ms. Majors probation officer filed a second delinquency report on her alleging Ms. Majors failed to report on May 23, 2014 and that she tested positive for opiates on March 5, 2014 and May 9, 2014. .
She was arrested on August 29, 2014 on the probation warrant.On September 18, 2014, the Court partially revoked her probation and ordered her to serve 90 days in a jail-like facility. Upon her release she was given a final shot at completing her probation.
THIRD PROBATION REVOCATION
On September 1, 2015, Ms. Majors probation officer filed a third delinquency report alleging that she tested positive for opiates again and for failing to call in as required on the color code for random drug testing. The probation officer noted "On numerous occasions the Probation Officer has discussed the importance of completing drug tests."
Ms. Majors confessed she violated her probation and the judge partially revoked her to serve 6 months in a jail-like facility. This time the judge ordered her to serve her time in the Department of Corrections with a recommendation that she be assessed for an appropriate treatment program.
Dissatisfied with her sentence, Ms. Majors penned a letter to the Court asking to serve her sentence in Metro Jail instead of prison, so she could be closer to her two children and her mother.
The judge denied her motion. I cannot tell for sure, but it looks like she was shipped off to Tutwiler prison where she served out her time. The judge gave her every opportunity at treatment.
CITY OF MOBILE CRIMINAL HISTORY
Ms. Majors' criminal history with the City shows a long list of misdemeanor offenses which include multiple theft offenses as well as numerous traffic offenses.
I would like to say Ms. Majors case is a rarity. However my experience a judge, prosecutor, and advocate for accident victims leads me to conclude that our roads and highways are full of these drivers everyday. Ms. Majors DUI arrest notes her crash occurred on a Saturday afternoon at 4:50 PM. How many families were sharing the road with her that afternoon? Go back and watch the video and count how many cars and lives she shared the road with that day.
Ms. Majors story represents a common and growing problem for our criminal justice system- those who need treatment but refuse to abide by probation and the recommendation of those in the criminal justice system who offer assistance. Ms. Majors has tried probation and failed and even gone to prison. Her conduct now has gone from harm herself now to harming others.
I am certainly sympathetic for those who need and seek treatment. We all have family members or friends who battle addiction. What I am worried about though is Ms. Majors' next time.
Cassie Fambro with WPMI had this excellent story last night about the crash with interviews from the virtim's family and the eyewitness who helped video the event. EXCLUSIVE VIDEO: Semmes family witnesses wild DUI
Cassie also posted some raw video footage not yet seen.
VIDEO CLIP 1
VIDEO CLIP 2
Video Stills of Majors' Driving Before Arrested for DUI
WHAT I ADVISE YOU, A FRIEND, OR FAMILY MEMBER INJURED BY A DRUNK DRIVER
Call an attorney immediately. The average motorist would not have access to the above information, and the drunk driver's insurance carrier certainly would not volunteer this information. Secondly, you need valuable evidence preserved. For instance, many city police officers may have body camera footage detailing their contact with the drunk driver as well as witnesses on the scene. Most departments delete the video after a certain period of time if your attorney does not request the video be preserved. You also need to preserve any 911 calls as they may provide valuable witness information. You also need to remember there are two cases-a civil case for money damages, and a criminal prosecution against the drunk driver. You will be the most important witness in the criminal prosecution and without you participation or appearance the criminal case may be dismissed. You can seek restitution in the criminal case as well. You will need help in even determining which court the case will be heard in, and to make sure any evidence you have gets to the prosecutor. Don't assume that just because a video you posted on Facebook. Since this case is a felony, there may be multiple hearings requiring multiple court appearances. Your attorney can help you not only in seeking money damages for your harms and losses suffered, but he/she can also guide you through this at times daunting criminal justice system, where your voice as a victim should be heard. Luckily for the family injured by Ms. Majors, it appears she does have automobile insurance. In many instances teh DUI driver has no insurnace and is considered and uninsured motorist. However her insurance may not be enough to cover the damages of all the vehicle occupants she injured. You would then need to contact your own insurance company to file a claim for underinsured motorist coverage. You may also have medical payment benefits you may be eligible for under your plan. I would anticipate Ms. Majors insurance company has already called and tried to get a recorded statement from the family she injured. Do not talk to an adjuster without talking to an attorney. Not a good idea. Again a good attorney can help you navigate your way to justice. Most attorneys in this area offer a free evaluation. How many other professions offer this? Take advantage of it.
Also once you recover you will have to deal with hospital bills, health insurance liens, and other medical provider bills you may not even know exist. Your attorney can also help you with this and even negotiate their resolution for you.
As those inured in these DUI crashes will attest, there is often no amount of money that will give you your life back. There is no dancing in front of a camera with a large cutout check bragging about a large money award. There is no award in these cases. It's not a prize. It's compensation to make up for the harms and losses you suffered, suffer, and will continue to suffer.
Special thanks to John Lavin-Johnson for allowing me to share his video in this case. It is a powerful reminder every Mobile County motorist can face at any time.
Matt Green and his associate Darrin Thompson represent personal injury and victims of criminal wrongdoing. Matt served as a municipal court traffic court judge in the City of Mobile and the City of Saraland for nearly a decade. Before that Matt prosecuted major felonies, traffic homicides, and violent crimes in the Baldwin County District Attorney’s Office. He teaches trial advocacy to Mobile Police Cadets and speaks to the Mobile County Court Referral Victim Impact Panel. Matt also fights for free speech, economic liberty, due process, and the American way. He may be reached at 251.434.8500 or by e-mail at email@example.com
Matt Green teaches Mobile Police Academy Cadets on trial advocacy and DUI enforcement.
The Alabama State Bar, Rules of Professional conduct, Rule 7.2 (e), requires the following language in all attorney communications: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.