Blog
CALL US FOR A FREE CONSULTATION
Call Us831-426-5800 Call Us831-566-4357
303 Potrero Street, Suite 30, Santa Cruz, CA 95060
Subscribe to this list via RSS Blog posts tagged in Highway 101

Three Gavilan College basketball players were injured in a tragic accident Sunday. Reports indicate that the driver of the car filled with the ball players and two female passengers swerved to avoid a tire in the road just prior to the crash. The car spun out and came to a stop facing the wrong direction on Highway 101. A Nissan then slammed head-on into the student's car.

Reports indicate that the group of students was at a San Francisco nightclub before the 1:30 a.m. traffic accident. Police reportedly arrested the 22-year-old student who was driving the car that initially spun out on suspicion of driving under the influence before he was released to San Francisco General Hospital, according to the California Highway Patrol.

The CHP suggests that the young man could face felony DUI charges related to the traffic accident, apparently based upon the injuries involved. California law allows prosecutors to pursue felony DUI charges, even on a first-time offense, based upon allegations that a drunk driver was involved in an accident causing injuries. The driver and two of his teammates suffered serious injuries when the car they were in was struck by the Nissan. Two women, who were passengers in the Nissan, reportedly sustained minor injuries.

...

Charges against a Gilroy man are expected to be upgraded on October 28 to include second degree murder. Police claim the 44-year-old man was involved in an alcohol related car crash that resulted in the death of a 4-year-old.

California DUI attorneys are aware that prosecutors in the state sometimes upgrade alcohol or drug related vehicular manslaughter charges based upon implied malice. In an implied malice case, the prosecutor seeks to prove that the accused was aware that an act is dangerous and commits the act anyway. The practice is known in California as a "Watson murder," based upon prior case law.

The Santa Clara County District Attorney's office has indicated that they will upgrade the charges this week against the Gilroy man. The accused rejected a plea bargain last week related to the current gross vehicular manslaughter and DUI charges.

...
Back to Top