DUI Homicide Defense

Blood Test ResultsIn numerous car homicide cases, there may be no field sobriety tests to challenge because the defendant is instantly transferred to a medical facility after suffering his or her own injuries. When this takes place, the primary challenge may be to the blood test. A criminal defense attorney might attempt to get the blood evidence omitted from evidence.

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This procedure can be hard because blood tests are generally a lot more dependable than breath tests. Suppression of these results is typically based upon some kind of procedural error. The hospital might not have taken the blood sample with the accused’s authorization. The offender might have been unconscious and unable to supply authorization or might have been given medication and lack the capacity to approval. A criminal defense attorney might wish to have a separate blood test completed in case it provides different results than the one obtained by cops.

If it is not possible to conduct a new test, the defense lawyer may discover other ways to reduce the blood evidence, such as assaulting the way that it was drawn, refuting its accuracy if an alcohol swab was used to sterilize the area prior to the injection or by suggesting that the blood was drawn long after the mishap which would lead to a various and potentially greater BAC than the BAC the chauffeur would have had at the time of the mishap.

Other Descriptions for the Mishap

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Instead of assuming that the defendant was fully responsible for the accident, there may be other reasons for the mishap. The victim might have been acting thoughtlessly or another driver might have been involved.

Missing Components

Sometimes overzealous district attorneys charge car murder cases as something more insidious, such as first or second degree murder. These charges generally require a more powerful mental state than the simple negligence used to validate a car murder case. Depending upon the charge, murder may need a showing that the offender had an intent to kill. For 2nd degree murder, the prosecution may have to show that the accused had a reckless neglect for human life. A criminal defense attorney might argue for pre-trial motions in assistance to dismiss charges because of the missing intent or other aspect in the event.

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