DUI, Homicide, and Manslaughter | Fresno Criminal Defense Attorney | Homicide Defense Attorney

Fresno Criminal Defense, DUI's, Murder, and Manslaughter | Fresno Criminal Defense Attorney

Fresno Criminal Defense Attorney Jonathan Eaton Rooker has noticed the media attention that has been garnered by two local DUI fatality incidents that have been consuming the public's attention as of late. With the high profile trial of Perla Vasquez who is accused of murder due to having had prior DUI's and causing an accident where a fatality occurred, I have noticed emotionally charged editorials, facebook posts, and articles on the subject of murder and DUI's.

The common expression of sentiment on the subject seems to be that people who have prior DUI's and a person dies due to their negligent driving, while having any alcohol in their system should be convicted of murder.  This perception is furthered by unrelated deaths that have occurred involving people alleged to have been under the influence while driving.

In Mendota on Sunday there was a deadly crash reported.  It is alleged that Rien Ban caused an accident that killed four people.  He is charged with four counts of gross vehicular manslaughter.  However, many of the editorials seem to believe he should be charged with murder, based on prior DUI's. The District Attorney's office has release that the Blood-Alcohol content of Mr. Ban was .15, nearly twice the legal limit.

Perla Vasquez is in trial for a DUI related accident that claimed the life of a fellow motorist in the Clovis/Fresno area.  The general public has been very vocal about their belief that murder charges are appropriate.  However, many members of the general public do not know the difference between murder, manslaughter, and various other related charges that could be filed in regard to such incidents.

Drivers, like most people, understand that it is dangerous to drive while impaired.  People understand that driving while impaired is dangerous to human life.  But, many activities are dangerous to human life.  It doesn't necessarily amount to murder based on priors.  There are other elements that need to be met before murder should attach.  However, there are arguments that prosecutors make, applying the specific facts of an incident to the elements of murder, which can be successful.  Unfortunately, the general public rarely receives the information needed to make that determination from newspaper articles.  This leads to a mass hysteria, or lynch mob type of environment that feeds off of the emotions and decides whatever is the worst thing that could be done to the alleged offender should occur without trial, defense, counsel, or hope.

The media is a formidable tool and adversary depending on how they are dealt with.  It is possible for counsel to defend in the media, or help try to lessen the impact of negative articles by countering them in the media.  Just another reason anyone charged with such an allegation should seriously consider hiring private counsel.

Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass-chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.