When Driving Under the Influence Becomes a matter of Life and Liberty – – DUI Resulting in Substantial Bodily Harm or Death.

Accidents involving motor vehicles are a very common occurrence in the Las Vegas Valley.  Most of us have come to accept fender benders on our streets and highways as a way of life and rarely give them a second thought nowadays.  When the accident is alleged to have been caused by someone under the influence of drugs or alcohol however, the consequences become much more severe for the person causing the accident.

A 21-year-old Los Angeles woman was severely injured recently and admitted to the hospital in critical condition after being part of a two vehicle accident, allegedly caused by a person driving under the influence of alcohol.

The Las Vegas Metropolitan police department reported that this accident occurred shortly after 1:00 in the morning on September 21, 2013 in the vicinity of Las Vegas Boulevard and Siren’s Cove Boulevard near the Treasure Island Hotel and Casino.

A full summary of the accident can be found here.

According to witnesses and the review of evidence located at the scene, a BMW was turning left from Siren’s Cove Boulevard to northbound Las Vegas Boulevard.  The driver of the BMW, who appears to be from Las Vegas, lost control of his vehicle and struck as which was abiding by traffic laws at a light signal.  All three individuals in the taxi cab were injured and taken to an area hospital.  One passenger in the taxi suffered severe injuries which are considered to be life threatening.

According to Metro Police, the driver of the BMW failed field sobriety tests administered at the scene of the accident.  He was then arrested for Driving under the Influence of Alcohol/DUI and was transported to a local detention center.

While all arrests and convictions for DUI in Las Vegas (and throughout Nevada) are serious, it is important to remember that there are certain scenarios make a “typical DUI” far more severe in the eyes of the law.  Not all DUI crimes are the same and there are several different types of DUI in Nevada.  In the situation outlined above for example, the driver who is under the influence and is the cause of an injury to another driver or a pedestrian, makes the crime for more egregious under Nevada law.

While a typical arrest for a DUI is misdemeanor offense, an arrest for Driving under the Influence resulting in Substantial Bodily Harm or Death is a Felony.  Unlike many other felonies, a DUI causing harm or death carries a MANDATORY PRISON SENTENCE.   Nevada Revised Statute (“NRS”) 484C.430 outlines the penalties Driving under the Influence Resulting in Substantial Bodily Harm or Death.  It states that any driver who is in actual physical control of a vehicle on any public road or highway in Nevada and is the cause of the death of, or substantial bodily harm to another person is guilty of DUI Death/Harm.  This offense is a very serious crime and is categorized as a category “B” felony.  While all felony crimes carry with them the potential for a prison sentence of more than one year, most crimes allow for the person to be punished under “supervised release” or “probation.”  DUI resulting in Substantial Bodily Harm or Death however is different.  A person convicted of this crime must be sentenced to prison and is not eligible for probation.  The sentence is not a light one either.  If a person is convicted they face 2-20 years in Nevada State Prison and a fine of between $2,000.00 and $5,000.00.

If you, or someone you know, has been arrested or charged with a DUI in Las Vegas, or elsewhere in Nevada, you should immediately call an experienced and knowledgeable DUI Defense Attorney to help you with these very serious charges.  At the Las Vegas Law Firm of Hofland & Tomsheck, we specialize in the defense of these crimes and the intricate issues that present themselves in these cases.  Attorney Josh Tomsheck, a partner in the firm, is a Nationally Board Certified Criminal Defense Trial Attorney and is a member of the National College for DUI Defense.  Contact us today and allow us to help you with your case right away.

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Former California Firefighter Gets Nine Year Sentence in DUI Death

Mitchell Green, of Kern County, California, near Bakersfield, served in the army for six years in Bosnia and Afghanistan, and he was a firefighter on the local force. He didn’t have a criminal record to speak of, and his friends called him a model citizen.

Before the night of February 2, 2010 , that is. On that night, Green drove drunk, and he got into a car accident. He collided with a vehicle carrying Michelle Maxwell and her teenage daughter. Michelle Maxwell died, and Mitchell Green now faces nine years in prison for charges related to California DUI, according to the Bakersfield Californian.

Her husband, Jerry Maxwell, acknowledged that, no matter what the sentence was, their lives were forever changed by Green’s decision. Judge Charles H. Brehmer noted during the sentencing that Green didn’t mean to hurt anyone, much less cause their death.

Maxwell’s mother, Marceline Seberger, spoke in court about the loss that she had suffered, emphasizing that there was no way that Green could know the way that they felt. She did believe that Green was remorseful, however, following the trial, saying that she could see the emotion in Green’s eyes. The last thing she said to Green was, “May you make peace with God before you see him face to face.”

Maxwell’s daughters told the Californian that they forgave Green for his actions the night his DUI caused their mother’s death. But they acknowledged the continued pain they would face. “She will never be able to spoil my children or even meet them,” said Michaela Maxwell, who was in the car the night of the crash.

Jerry Maxwell felt less kindness in the hours following the crash. Green was in a hospital bed near his family, according to the Californian, and he acknowledged a desire to hurt Green after learning that his wife had died. But his wife’s memory stayed his hand. “I heard my wife’s voice saying, ‘It’s not worth it,’” he told the paper.

Green had plead no contest to the felony gross vehicular manslaughter charge in December. His pickup truck collided with the Hyundai Sonata occupied by the Maxwells. Green had run a red light, and he didn’t brake even as he hit the smaller car.

His blood alcohol content registered at .13, over the .08 legal limit across the country.

View the original article here

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DUI Trial for Driver in MLB Player’s Death Continues

The trial of DUI defendant Andrew Gallo is now focused recently on whether Gallo knew that driving drunk was a dangerous decision just before he hit and killed Nick Adenhart, a pitcher for Major League Baseballs’ Anaheim Angels, and two other people.

The prosecution in the case, in its closing statements, made the claim that Gallo knew the dangers of what he was doing, and that he cared only about himself, according to an article in the Associated Press.

Deputy District Attorney Susan Price told the jury in the California DUI case that Gallo “made the decision to get intoxicated beyond the point of any reason.”

The defense argued that Gallo did not act out of malice, and did not mean to kill anybody. According to the defense, Gallo thought that his stepbrother would be the designated driver, and only drove after his stepbrother became intoxicated as well.

Gallo was in a state of blackout brought on by excessive drinking.

Price replied by saying, “He doesn’t get rewarded for three free murders because he chose to get too drunk. The car keys weren’t forced upon him. They weren’t glued to his hand.”

The prosecution allege that Gallo and his stepbrother drank beer and took shots at three different bars over the course of several hours before he ran a red light at 65 miles per hour and struck the car in which Adenhart was a passenger.

Adenhart was killed, as were his friends Courtney Stewart and Henry Pearson. Their car was allegedly T-boned by Gallo’s car. Stewart and Pearson were killed instantly, while Adenhart died while in surgery. Earlier that evening Adenhart had pitched his first game of the season for the Anaheim Angels.

Jon Wilhite was the fourth passenger in the car and the only survivor. He has endured a long rehabilitation after skull and spine injuries.

Gallo has pleaded not guilty to three counts of second degree murder. According to the prosecution, his blood alcohol content was three time over the legal limit for operating a motor vehicle.

If he is convicted of the charges, which include others for fleeing the scene and DUI-related charges, he faces 50 years in jail.

View the original article here

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