DUI Manslaughter
Mr. A went out to dinner with his wife. Upon returning to his vehicle, he began to back out of the parking place onto the road. He pulled back in when he saw traffic approaching. As he did, the engine raced and the car took off. It struck a woman who was sitting on the curb, killing her. A traffic investigation was conducted and it was determined later that he had an unlawful blood alcohol level of .16 (twice the legal limit). He was thereafter charged with DUI manslaughter. He contended all along that he did not cause the accident but rather the vehicle experienced "unintended acceleration". He went on to state that the car did something similar within the past year when his wife was pulling into the garage. The vehicle smashed into the back of the garage after it accelerated without her touching the gas pedal. The prosecution hired an expert in forensic engineering who stated that there was nothing wrong with the vehicle. Rather, it was due to "driver error". The defense hired its own expert who conducted a far more intensive examination of the vehicle and in particular the throttle control module. After disassembling and testing with sophisticated computer and bench testing equipment, the part was proven to be faulty with unintended acceleration as a consequence. The charge was reduced to misdemeanor DUI and the client was placed on probation.
Mr. A went out to dinner with his wife. Upon returning to his vehicle, he began to back out of the parking place onto the road. He pulled back in when he saw traffic approaching. As he did, the engine raced and the car took off. It struck a woman who was sitting on the curb, killing her. A traffic investigation was conducted and it was determined later that he had an unlawful blood alcohol level of .16 (twice the legal limit). He was thereafter charged with DUI manslaughter. He contended all along that he did not cause the accident but rather the vehicle experienced "unintended acceleration". He went on to state that the car did something similar within the past year when his wife was pulling into the garage. The vehicle smashed into the back of the garage after it accelerated without her touching the gas pedal. The prosecution hired an expert in forensic engineering who stated that there was nothing wrong with the vehicle. Rather, it was due to "driver error". The defense hired its own expert who conducted a far more intensive examination of the vehicle and in particular the throttle control module. After disassembling and testing with sophisticated computer and bench testing equipment, the part was proven to be faulty with unintended acceleration as a consequence. The charge was reduced to misdemeanor DUI and the client was placed on probation.
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