Legal Defenses to Serious Vehicle Crimes
›››The following content is an excerpt from a live interview with Richard Jacobs founder of my DUI Attorney dot org. The interview has been transcribed and contains information for educational purposes only. Please call Michael Munoz to get legal advice for your particular situation
There are many types of defenses to serious vehicular cases, especially vehicular homicide cases and aggravated assault cases. Anytime you’re dealing with collisions, one of the best defenses is to determine who caused the collision and hope it’s not you. Causation is usually the best defense an experienced vehicular criminal defense lawyer is going to attack. If it can be shown that the collision did not happen because of the defendant, but it happened because maybe the other person was driving bad or inappropriately, then that is a good defense to these charges. This way the argument is alcohol wasn’t the reason why the collision happened, but the collision happened because of the other person’s bad driving.
Interviewer: What are some of the other defenses that you might raise in these situations?
Munoz: Other defenses are: how the state might have done accident reconstruction. That goes into causation but sometimes the state’s experts will give reason that they believe caused the collision. They’ll talk about time-distance analysis, they’ll talk about breaking, they’ll use crush analysis.
The state will use all these different types of accident reconstruction to create their theory of why the collision occurred. What is necessary is to attack their reconstruction and to hire experts in defense of a person’s case, which is a sound way to defend these cases.