Legal Question in DUI Law in California
Whether I will be prosecuted?
I met with an accident while driving with my family. My 2 daughters sitting at the rear seats were wearing seat belts when we started. In freeway, the car moved into the road divider area and overturned. My 8 years daughter was thrown out of the car and passed away after a week in IC unit. I was not drunk and the incident happened at 9.00pm. I had a head injury at the time of accident and I don't remember anything about how it all happened. My wife and daughter also do not remember anything as they were sleeping. The witness who called the police was driving in the opposite direction (i.e. nobody travelling in my direction stopped to help us out) The police officer mentioned in his report that I turned the vehicle to the left abruptly and is against 22107 VC (unsafe turning movement). He has recommended to forward the report to the district attorney 's office for review and prosecute me for the charge of 192(C)(2) Vehicular manslaughtuer without gross negligence.
My Questions:
1)Should I look for a attorney now itself to defend me or should I wait till I hear from the DA's office
2)Whether DA's office always prosecute in such cases or do they have descretion not take any action?
3)What is my best defence?
2 Answers from Attorneys
Re: Whether I will be prosecuted?
I am very sorry for your loss. Please consult a criminal defense attorney in whom you have confidence. It will be much less expensive and aggravating to have an attorney try and persuade the DA not to file charges at all, than to fight the charges once they are filed. In the meantime, do not make any statements whatsoever about the accident to the police, insurance companies, or anyone else -- say "I want a lawyer." Please be sure and have the vehicle checked by an experienced engineer or accident reconstruction specialist in order to rule out the possibility that the accident was caused by a tire, lug nut or other mechanical failure for which you could possibly be deserving of compensation. A good personal injury attorney will know people who might be able to help you in this regard. Finally, DAs do not take cases they cannot prove, and from your post it is not clear that a DA could prove beyond a reasonable doubt (as they would have to do) that you committed any criminal wrongdoing. Your best defense, and I am sure this is true, is that you committed no crime and this was just a terrible accident.
Re: Whether I will be prosecuted?
Thank you for your question to this website. I am a California Criminal Defense Attorney with more than 28 years of experience---see our website by going to: www.Woodworthlaw.org or you may want to phone me for a free consultation re your current legal situation, and advice on what to do next. We are here to help you. Attorney George Woodworth (562) 754-7422
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