I read the article (below) where an unlicensed driver and it created a perfect illustration in an interesting part of criminal law….which is all cases are created equal.
I have handled thousands of San Diego DUI cases. No two cases are the same. People come in and say that someone they know had the same blood alcohol level and got this or that. Was it in San Diego? No facts are the same? A particular client said this to me yesterday. I asked them if they considered the fact they hit multiple cars and had a DUI prior in the 90s make things a little worse than a generic DUI with the same blood alcohol content.
In the case below a case for an unlicensed driver usually is just a fine and with some proactivity can be made an infraction. In this case, the driver hit someone.
I do not believe he will be able to walk in and say, “I hear this usually is a fine”.
At least, not at the start of negotiations. A criminal case is made of a variety of factors. I know that one aspect that is usually left out is the defendants side of the story. The prosecution focuses on the snapshot of the event they are accusing as criminal. In many cases it is about context. Even if there was a criminal act there can be mitigating fators that help someone in a San Diego court.
An unlicensed teenage driver fell asleep at the wheel and crashed his pickup truck into a 59-year-old man walking along an Escondido roadway Saturday morning.
The driver of a red Chevy pickup truck — a 17-year-old Valley Center boy — apparently dozed off while heading west on East Valley Parkway near North Citrus Avenue shortly before 5 a.m., Escondido police Lt. Justin Murphy said.
The pickup drifted into the eastbound lanes, struck a roadside phone junction box then the pedestrian on the south sidewalk. Murphy said the truck flipped onto its side, but its driver and 17-year-old female passenger were not hurt.
Officers summoned following the crash found the severely injured Escondido man unresponsive and face down in the roadway, Murphy said. He was taken to Palomar Medical Center to be treated.
Murphy said that although the crash remained under investigation, alcohol was not believed to have been involved.
The full article can be found here.
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