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19 year old Santa barbara student. felony DUI now What?
Anonymous5 views3 answers
My cousin was turning right and went over centerline and hit/was hit by oncoming car then spun and hit a telephone pole. 5 people were in my cousins car (only 4 seatbelts) no major injuries that we know of. What should she expect? Any chance that she can get this down to a mis? She broke her nose, spent 3 days in jail but we do not know what her BAC level was. family knows that they need a good lawer just trying to give her a few answers and this just happened
Let me start by saying you are doing the right thing ...trying to get some answers.
First ....she needs to hire an experienced DUI lawyer ASAP!!! The questions you asked are all great questions, however, to truly assess her case and provide an accurate assessment of the possibilities, a detailed consultation is required.
Certainly, if someone was injured there is a strong likelihood that it will be filed as a felony. The nature and extent of the injury will ultimately be a big factor in that decision. Whether or not it can be reduced to a misdemeanor all depends on the facts of the case.
In any case, there are far too many questions to be answered in order to properly advise you. If you would like to discuss the matter in more detail, feel free to contact me or have your cousin contact me if she able to do so.
Good luck!
Gabriel Dorman
www.criminaldefenseduilawyer.com
There are a few ironic advantages to starting the case as a felony, even if it ultimately gets reduced. Your cousin has the right to a preliminary examination where she can hear the evidence against her, subpoena witnesses, and exert some pressure toward a reduction of charges. Also, a felony DUI with injury (VC 23153) requires a showing of fault on the part of your cousin for the DA to prevail on that charge, unlike in misdemeanor DUI where fault is not at issue.
In order for the District Attorney to prove the felony DUI charge, the District Attorney needs to show that the accident was the result of your cousin driving while under the influence of alcohol or drugs. The fact that there are no major injuries is helpful to your cousin's case. This fact may weigh in favor of your cousin receiving a misdemeanor DUI with injury as opposed to a felony DUI with injury.
However, there are many other factors that will ultimately determine whether the charge is a felony or misdemeanor, i.e., level of your cousin's intoxication and the level of wantoness associated with her manner of her driving.
Your cousin should hire an attorney right away so that her attorney can hire an investigator to identify potential witnesses and determine whether or not to hire an accident reconstruction specialist, i.e., to find out whether the oncoming car was at fault for the accident.
