Fresno DUI Defense Lawyer News:
As a DUI Defense Attorney I help people that have come under suspicion of driving while under the influence or impaired by alcohol or other drugs. Many times the media reports about an alleged crime before the facts have come out. In law school we studied the evolution of the laws that govern our society. One particular theme was present from the founding of our nation and continues to be present today. "Tough cases make for bad laws." The meaning is when the outcome desired and the facts present conflict with our emotions, goals, or desires, the law has taken a bad turn to accommodate those goals. A perceived injustice creates a real injustice in our legal system.
In the case at hand, just or unjust, a person was convicted. Many people will look at the article, and say "good" because the person deserved to be punished for killing a mother and daughter while intoxicated. However, but we jump to the conclusion that the individual was intoxicated. A security guard in the complex saw him stumbling. That is pretty common after an accident so violent that two people died. It does not mean the person was or was not impaired. Secondly, the defendant was hiding in an apartment. This leads us to the conclusion he was guilty of being a drunk driver that caused an accident that killed two people.
Having plead guilty to gross vehicular manslaughter, the point is now moot.
However, if you have been cited for DUI, you may understand the feeling. The point being, that the mere accusation of DUI can lead a jury to prejudice against you in the court of law. As a DUI Defense Attorney I understand the prejudice and bias that occur in a DUI case. I have spent an extensive amount of time learning how to select jurors who can be fair, rather than dispense with justice in a matter that makes them feel like they got the right result.
When a person is accused in a court of law of driving under the influence, a jury will try to get to the result they think is just, a conviction. This can occur despite the Judge's warnings, instructions, and jury instruction that are contrary. One problem is social conditioning of DUI as a political crime. Billboards on the freeway say, "Buzzed driving is drunk driving" despite this statement having no root in law. Political organizations such as "MADD" or Mothers Against Drunk Driving have a large voice in politics, one that many politicians listen to in order to be endorsed for future elections. Many times the same politicians that allows bars to have parking lots for automobiles right outside their doors.
If you have been accused of a DUI in Fresno - Madera Counties, call DUI Defense Lawyer Jonathan Rooker for help today.