QUESTION
Can one be charged with vehicular manslaughter for ingesting meth 2 days before the accident in which the death occurred?
Asked on Nov 12th, 2012 on DUI/DWI - California
More details to this question:
My brother was driving on a country highway and a deer ran out into the road. He swerved to miss the deer and ended up sliding sideways in the gravel shoulder and hitting a tree. Two passengers that were in the vehicle with him, including one of my other brothers and a family friend, passed away as a result of the accident. My brother, the driver, was cleared at the scene for being under the influence, but when asked if he was "on anything" had told the officer that a couple days prior he had ingested meth. It is now over 4 months later and the DA has stated that they have pending charges on him for this incident, but they are still awaiting the results of the toxicology report from the blood test taken at the hospital the day of the accident. Can they legally detain him while charges are pending but not yet filed? And, can he be charged with vehicular manslaughter even though he was not under the influence at the time of the accident, and was cleared at the scene for being under the influence?
2 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It depends on how much meth he had in his system. It is harder to prove driving under the influence of drugs than alcohol because there are no presumptions like the .08% with alcohol. If it was really 2 days earlier there may only be trace amounts and not enough to prove DUI drugs which would be the basis for a murder charge.
Answered on Nov 14th, 2012 at 3:10 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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CAN you be charged? Sure. Whether he can be convicted is a different question. His version of the facts is not the only one. The police reports and blood tests will likely tell a different one. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice if it is not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does.
Answered on Nov 14th, 2012 at 7:43 AM