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When to take a San Diego DUI to trial

On Behalf of | Jun 4, 2015 | Firm News |

The case below was meant for jury trial. This is a case were the hat is off for the defense attorney because he won. His case was agreed to by the jury. It is likely his analysis of the facts were reasonable and the prosecution could not prove their case. What this means is the government was seeking more punishment than needed. Is that a bad thing? Should the prosecutor over-reach? Should they consider court resources? It is an argument that can be very interesting and very passionate on both sides. I will say it is much easier for a prosecutor to say they wanted to be tough.

In the end…this case was meant for trial. In DUI cases there is no doubt the prosecution has no problem being zealous and taking the matter to the jury. This often means DUI defense attorneys sometimes cannot find reaosnable ground for resolving a case without trial. At times, there is flat out no offer. What does San Diego DUI defense attorneys are supposed to do then? You set it for trial. You make them prove their case. You let them know that the case will not be settled for anything other than for a reasonable resolution for what the case is worth.

There is a countless number of reasons to take a San Diego DUI case to trial. This case is a perfect example of one of them. Do not take in punishment that is not deserved. Again, my hat is off for the defense in this case on their victory….even in defeat.


A San Diego man who was previously warned about his alcohol use was convicted Tuesday in the deaths of three passengers in a DUI crash on a highway transition ramp.

William Cady, 26, wiped tears from his eyes as jurors returned a verdict of gross vehicular manslaughter. He was acquitted on charges of second-degree murder.

Taylor Bernardski, 29, Shon Gilliam, 23 and Jeffrey Becker, 35, were killed when Cady’s Cadillac Escalade crashed on Jan. 10, 2014.

The SUV was traveling an estimated 87 to 97 mph on the transition ramp from northbound Interstate 805 to westbound state Route 52 when it lost control.

The trial began on May 20, 2015, for William Cady, a San Diego man accused of driving drunk in a January 2014 crash on Interstate 805 that killed three of his passengers. NBC 7’s Nicole Gomez reports. (Published Wednesday, May 20, 2015)

In her closing argument, the prosecutor told jurors that a judge had warned Cady of his alcohol use three years before the fatal crash.

In 2011, Superior Court Judge Melinda Lasater told Cady, ” You can’t afford to have alcohol in your life.”

However, Deputy District Attorney Makenzie Harvey said Cady’s blood-alcohol content was somewhere between .10 and .18 at the time of the crash.

Cady’s choices to drink alcohol, smoke pot and get behind the wheel of his SUV, along with his reckless, aggressive attitude, made for a “deadly combination” that night, Harvey said..

There is new information about a crash near Clairemont that left three people dead and five others injured. The California Highway Patrol says the driver of the SUV, 25-year-old William Cady, was under the influence of alcohol. NBC 7’s Candice Nguyen reports. (Published Monday, Jan 13, 2014)

Throughout the trial, defense attorney Rick Layon told jurors Cady was guilty of gross vehicular manslaughter and DUI but said his client was not guilty of murder.

Cady’s sentencing was scheduled for July 10.

If you are charged with a San Diego DUI or other Criminal offense, you need to call our firm immediately. We are available to take action on your case today. Please email or call us at 858-751-4384 or email me at ma[email protected] to schedule a free consultation. The key is to be proactive.

The full article can be found here.

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