Posted On: August 15, 2009 by Stephen Brodsky

Oceanside California DUI Tragedy Claims Life of Nine Year Old Girl

According to an Associated Press release dated August 3, 2009, an as of yet unidentified 9 year-old girl has been killed in a tragic accident on the 5 Freeway in Oceanside. Per the report of a California Highway Patrol officer, the accident occurred at around 1:00 a.m. Monday when a Lexus careered into a big rig truck at around 50 mph. The driver of the Lexus, Michael Wright Jr. (of Commerce, CA), apparently did not notice some roadwork ahead and plowed into two other cars before smashing into the rig. Two other drivers suffered minor injuries, and no other serious injuries or fatalities were reported.

Officers arrested Mr. Wright at the scene for gross vehicular manslaughter while intoxicated. That charge is one of the most serious San Diego DUI homicide charges. To convict a defendant of gross vehicular manslaughter, the prosecution faces a high burden of proof. Showing that a driver was “careless” won’t meet that standard. The driver had to have engaged in behavior that was negligent to the point that a reasonable person would have recognized that it was risky and could lead to serious injury or death. Furthermore, the negligent behavior must be shown to have led to the alleged injury or death.

If you or someone you love faces a charge of gross vehicular manslaughter or felony DUI in San Diego, you'll likely need a stout legal defense to avoid the worst punishments and to ensure that your rights are protected. Vehicular manslaughter cases -- particularly those in which drug use or alcohol use is alleged -- can be emotionally explosive. It’s easy for outside parties in the media -- or even in your own family or workplace -- to come to conclusions about your guilt before hearing all the evidence. Often, a good legal investigation can reveal powerful defensive arguments. For instance, maybe the blood alcohol test administered gave incorrect results, which might exonerate you. Or maybe some other as yet unidentified factor, such as the negligence of a third driver or poor signage or lighting, caused or partially contributed to the accident.

The point is, to craft a thorough defense, you need a San Diego DUI attorney with the experience, compassion, and attention to detail to get the job done. Stephen R. Brodsky has been practicing criminal law in San Diego exclusively since 1988, and he’s served hundreds of defendants. To find out more about his track record, philosophy, and credentials, visit WWW.CRIMINALATTORNEYSANDIEGO.COM.com, or phone 1-800-GOOD-ADVICE today to get immediate help with your felony DUI defense.

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