›››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
Interviewer: Also, what about malfunctions in the vehicle? The brakes fail or if there’s other mechanical problems with the vehicle?
Munoz: Mechanical malfunction is also a huge defense. If like you said, the brakes go out, the power goes out in the vehicle, if you blow a tire, I mean there’s all possible things that could’ve happened that caused the collision other than reckless conduct.
Also in the endangerment cases, endangerment really the country attorney’s office usually doesn’t charge endangerment unless there was a massive collision and somebody was hurt. Endangerment just means your reckless conduct put somebody at risk of being hurt.
…It’s not charged too often. Then you have leaving the scene of a collision or fatal injury collision. The best defense for the leaving the scene is that you didn’t leave. Sometimes people are scared after a collision, they might drive off a few hundred feet but then they turn around, that’s very common. That’s the best defense, is that you actually didn’t leave. Or you were scared, there are actual unique circumstances where people don’t know the collision is minor, yet somebody was hurt And they just don’t realize that it was a collision they should’ve returned to.