Imagine a scenario where someone under the influence of alcohol, prescription medication, marijuana, or any other substance that impairs driving ability causes a fatal accident. The legal implications are severe, potentially leading to a murder charge.
It used to be that you would have had to have a prior DUI. You would have had to have been warned about how dangerous it is to drink and drive or use drugs and drive. Not anymore, though, because everybody in society now knows how hazardous it is to drive a motor vehicle with alcohol or drugs in your system.
They know that people can be killed, and because of that foreseeability, because of that knowledge, and because it's so prevalent in our society how dangerous it is to drink and drive.
If you get caught drinking and driving, and you kill somebody, I can almost guarantee you, especially in Los Angeles County, prosecutors will charge murder, which will give them a huge bargaining chip.
Sometimes, they use it as a bargaining chip, and they say, okay, we'll let your client have gross vehicular manslaughter for ten years or some other charge. If you don't take it and lose, you'll get fifteen to life. Good luck.
Defense Lawyer Showing Mitigating Factors
For instance, a defense lawyer might argue that the defendant was not aware of their intoxication at the time of the incident or that they were acting in self-defense. These are just a few examples of the many possible mitigating factors that can be used in a DUI defense.
You have to come up with a defense that makes sense under the circumstances of your case. I can tell you right now that very few attorneys (1) have the know-how actually to challenge prosecutors in these murder DUI cases and (2), and most importantly, even if they have the know-how, you've got to be able to execute the plan.
You've got to be able to fight them tooth and nail. Cross-examine their witnesses in these DUI cases. Hack their evidence. Show a defense. If you can't do that, then the client is going to go down in a ball of flames. This determination and preparedness are crucial in mounting a strong defense in a DUI case.
These cases involve instances where the driver's actions were not just negligent but grossly so. For example, driving at excessive speeds in a residential area, running red lights, or driving recklessly in adverse weather conditions could all be considered grossly negligent driving.
I didn't care about human life; I went over 100 miles an hour in a residential neighborhood. For example, that person killed somebody, and they'll charge them with murder for that as well.
The law in these cases is unpredictable. It's designed to deter reckless behavior on the road, and the consequences can be severe. Many people underestimate the severity of these punishments in a DUI case. This unpredictability underscores the need for caution and awareness when it comes to DUI laws.
If you or a loved one is facing such a case, it's crucial to seek immediate legal representation. Choose an attorney with over twenty-five years of experience, like me, who has the expertise, skills, and determination to defend you to the end. By taking this proactive step, you can navigate the legal process with confidence and reassurance.
