The loss of a life is always tragic, especially when it is a child who passes away. Because of the strong emotions connected with the loss of a young life, those believed to have played a role in the incident may automatically be assumed to be guilty, regardless of the circumstances. One California man may have to work to ensure fair treatment after he was arrested on suspicion of drunk driving following a fatal car accident.
A policeman claims that he was searching for a vehicle one morning in mid-August after he received reports regarding a possible drunk driver. During his search, he claims he came across an accident involving a sedan an SUV matching the description of the vehicle he was seeking. The SUV allegedly made a quick lane change, striking the sedan in the rear.
The force of the impact pushed the sedan into the back of a third vehicle. A 10-year-old girl in the sedan died in the accident. The driver of the sedan as well as a 13-year-old passenger were severely injured in the collision. The driver of the SUV was arrested under the suspicion he was driving under the influence, and he was also charged with second-degree murder.
Regardless of the accusations made against the California driver, there must be sufficient evidence to prove guilt beyond a reasonable doubt. Reports of erratic driving are likely not sufficient to prove that a person was drunk driving. Defendants are often left to make difficult decisions regarding the direction of their cases. Some might choose to accept a plea deal for lesser charges and/or a shorter sentence if he or she feels that it is in their best interest to do so, whereas others may choose to fight the charges in court. An experienced defense attorney can help those in such a situation make informed decisions about the best options in their cases.
Source: mercurynews.com, "Hillsborough girl, 10, killed by suspected drunken driver", Suspected Drunken, Aug. 16, 2016