Many people have to deal with hitting a car as part of a San Diego DUI case.
When an accident occurs as part of a DUI scenario, the prosecution understandably considers the case more aggravating. The whole reason DUI laws are supposedly in place is due to public safety. DUIs not only affect that driver but it can impact people around them.
I am speaking specifically here about when someone hits a parked vehicle (and there is no hit and run involved). There are other articles when someone is involved in a DUI collision that may cause injury. As someone who has hit a vehicle and facing a San Diego DUI driving under the influence charge has to brace for potential greater punishment there is hope in these cases. The facts of many of these cases can improve someone’s defense as much as it can make the case work in your favor.
WHO WAS DRIVING?
One of the strongest defenses someone has available to them when charged with a DUI is whether it can be established beyond a reasonable doubt that they were driving the vehicle. In cases where driving can be an issue, it does not matter what someone’s Blood alcohol level is. It turns the case from a San Diego DUI case to an Identity issue case.
When there is a collision as part of a DUI case, the police likely did not actually see the person driving, so a driving defense is there. Did the person tell the police at the scene they were driving Were they covering for someone else? Why were they covering for the other person? This happens all the time. The key is getting these facts out in the light as soon as possible. You want to get the ball rolling and call the Law Offices of Mark Deniz now at (858) 751-4384.
What complicates the issue is that when there is a collision, insurance will need to be contacted. The insurance is going to want written or recorded statements to process the claim. You want to preserve all your defenses. If you say something to insurance, even if you are covering for someone else, it will hurt your defense in the court case. You want to do all you can to preserve your defenses in court. What is all you can do? It is different on every case because every situation is unique. Let a former senior prosecutor and experienced DUI attorney examine the facts. Call the Law Offices of Mark Deniz at (858) 751-4384.
Having a collision as part of a DUI changes the case.
A San Diego DUI resulting in a collision is considered an aggravating factor in the case to the prosecution. It is much more of a challenge for the defense to obtain an offer when there is a collision. The prosecution will begin negotiations well past what is normal guideline offers when there is an accident. If two people walk into court and both have a BAC of .12%. One of them was stopped for speeding, and the other was contacted after colliding into three cars. I will tell you they will begin negotiations with two totally different offers from the prosecution. A DUI defense attorney has hopefully gathered the police reports, videos, and other evidence before a court so they can begin breaking down the government’s case. If you were arrested for a San Diego DUI and it involved a collision call our office now to be proactive at (858) 751-4384.
Where this blanket policy becomes an issue for the prosecution is when a collision is minimal. For example, if someone gets in a slight fender bender. No one is hurt, and the client took care of the damage before the first hearing. You show this is the case and usually with some good advocacy, the prosecution will disregard the accident.
Another example is when there was an accident, but there are true issues in the case (such as the client may not, in fact, be the driver). The prosecution will remain steadfast in the face of questionable evidence because there was an accident. The one benefit in DUI that has a collision is that the officer did not see driving. No one may have seen who was driving. Someone may have walked out of a house. Another driver may have been sitting in their car for some minutes making sure they were ok and did not see who was driving. These facts need to be examined.
These scenarios are commonplace for attorneys who regularly deal with San Diego DUIs. It is vital to be proactive in the situations and get the facts in order. The prosecution (and judge) will read “accident,” and “collision” and their amenability to give a reasonable offer becomes more of a challenge. Taking care of this issue, early inevitability assists a client in achieving a more favorable resolution of their San Diego DUI case. Be proactive and contact the Law Offices of Mark Deniz at (858) 751-4384.
In the last few years, the courts have used more technology to add to the punishments of a DUI with a collision. Some of these items include
-Ignition Interlock Device: A device that hooks up to your car that you need to blow into to start the vehicle.
-Ankle Monitors: These can either be home detention or monitor alcohol only.
DUIs with collisions can be some of the tougher cases to head into court with. The fear wth these cases is that someone could be in an accident and in these cases it happened. However, these cases can also be potentially some of the best cases because usually police were called to a scene. The person may have not even been arrested and sent to the hospital. Finally, all those symptoms police look for (red, watery eyes, unsteady gait, etc.) is usually the same look people have after an accident. These are cases that must be thoroughly examined. Call our office at (858) 751-4384 to be proactive and get started.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged with a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation.