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Criminal Defense

Defending Against Witness Testimony and Expert Witnesses in Los Angeles DUI Homicide Cases

Facing criminal charges of any kind can be a disorienting and overwhelming experience. Suddenly, you wonder how this incident will affect your life in both the short-term and long-term. However, as concerned and stressed as you may be at this moment, it’s important to recognize that you do not have to go through the upcoming legal process alone. It may seem daunting to face DUI charges in the Los Angeles County area, especially if the incident involves injuries, property damage, or fatalities. Whether you are facing a first-time DUI charge or prosecutors are charging you with DUI homicide (also known as Watson murder), you have legal rights at every step of the criminal justice process. If you are facing a DUI homicide charge in Los Angeles County, you need reliable and effective legal defense services as soon as possible to keep your future bright. Working with a highly skilled DUI criminal defense lawyer is the best way to maximize your chances of obtaining a fair and favorable outcome. This post will explore how a seasoned DUI criminal defense attorney can help to push back against the prosecution’s narrative by questioning expert witnesses and highlighting inconsistencies in eyewitness testimony.

Understanding DUI Vehicular Homicide Under California Law

First, it’s important to understand how California defines DUI homicide so you can get a sense of the elements that prosecutors must prove in order to secure a conviction. Under Chapter 1, Section 187 of the California Penal Code, “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” However, since most defendants do not get behind the wheel of a vehicle with the explicit intent to take the life of another, prosecutors can provide evidence showing that the driver acted with implied malice when they intentionally decided to drive while under the influence of alcohol or drugs. In other words, knowing that driving while intoxicated carries inherent risks and poses a danger to human life–and doing it anyway—can constitute implied malice, as it demonstrates a reckless disregard for the safety of others. It’s important to note that it can sometimes be challenging for prosecutors to prove that the defendant acted with a conscious disregard for human life, so they may seek alternative criminal charges instead (i.e., gross vehicular manslaughter while intoxicated or vehicular manslaughter while intoxicated). These charges also carry substantial penalties, so it’s essential that you enlist the help of a seasoned and highly skilled Los Angeles County DUI defense attorney to maximize your chances of securing a fair outcome.

DUI Homicide Defense Strategies

As the prosecution prepares its case against a defendant facing DUI homicide charges, it will likely include eyewitness testimony, expert witness testimony, or both. Ultimately, prosecutors want to provide clear and compelling evidence demonstrating that the defendant acted with an egregious disregard for human life and knowingly put others at risk of serious injury and death by driving under the influence of alcohol or drugs. Let’s take a closer look at how prosecutors may incorporate witness testimony into their legal strategy and how a knowledgeable DUI criminal defense lawyer can respond in ways that erode the case against the defendant.

Eyewitness Testimony in DUI Homicide Cases

Eyewitnesses can provide a detailed account of the collision, which can help the court understand the circumstances leading up to, during, and after the crash. Prosecutors may call on eyewitnesses to share what they saw on the day of the collision so that jurors and judges can picture the scene and the factors leading up to the accident. However, an experienced DUI criminal defense attorney knows how to push back against the reliability and accuracy of eyewitness testimony. Your DUI defense lawyer can scrutinize these eyewitness accounts to uncover inconsistencies or identify biases that undermine the credibility of such testimony. For example, your attorney may question why the eyewitness made a statement to the responding officer that contradicted the testimony they provided to the courtroom. Eyewitnesses are notoriously unreliable, as a person’s memory tends to be subjective and, therefore, prone to bias, misperception, or other errors in judgment.

Pushing Back Against Expert Witnesses in DUI Homicide Cases

Prosecutors may also rely on expert witness testimony to strengthen their case against the defendant. For instance, prosecutors may call on an accident reconstruction expert to provide an objective account of the factors contributing to the collision and the defendant’s actions that directly led to the death of another person. They may also call a forensic toxicology expert witness to the stand in order to interpret the test results of the defendant’s blood alcohol concentration (BAC) taken at the scene of the incident or after their arrest. Although these expert witnesses may seem intimidating to the defendant, a highly qualified DUI defense attorney understands how to push back against their statements by highlighting inconsistencies or pointing out alternative explanations for the events leading up to the crash. A solid legal defense strategy often requires the defense to conduct a thorough investigation to identify other plausible explanations in the face of the prosecution’s assertions. No matter what path your DUI homicide case may take, you can trust that your knowledgeable DUI defense lawyer will work hard to build a robust defense strategy tailored to address the complexities of the DUI homicide case and ensure the best possible outcome for you and your loved ones.

Get Started With a Highly Skilled DUI Defense Attorney Today

Now is not the time to leave your future up to chance. Instead, give yourself the best chance of obtaining a fair and favorable resolution by enlisting high quality legal representation as soon as possible. Together, you and your Los Angeles County DUI defense attorney can assess the details of your case and explore your legal defense options to identify the most strategic course of action.

If you or someone you love is facing DUI homicide or other serious criminal charges in Los Angeles County, contact Wegman & Levin right away to ensure that your legal rights remain protected at every opportunity. Call our office today at (818) 980-4000 to arrange a free consultation with a highly qualified and experienced criminal defense attorney.

Michael M. Levin, Esq.

Michael M. Levin is an experienced attorney who has been in private practice as a criminal defense lawyer for over 25 years. He has conducted numerous jury trials in cases ranging from DUI to capital murder. Read More

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