Legal Question in DUI Law in California
Trying to help my nephew, whom was guilty until proven innocent!
My nephew is 23 years old and was on his way hunting with 2 other boys. He fell asleep at the wheel and wrecked. He and one of the boys were air flighted to a Reno hospital. He was unconcious! The Lassen Co. police dept.said he was drunk and the local paper printed the story. They told the family he would be arrested as soon as he was able to leave the hospital.His insurance co. cancelled him. They would not release any of his personal property to him or the family. 2 weeks later, they said the results of the blood test showed that he had not been drinking. They refused to make a correction in the paper.Is it legal for them to treat him quilty until he was proven innocent? Now the community thinks he is irresponsible because he injuried two others when infact, he was not drinking and he had accidentally fallen asleep.Please help this young kid. He is a good kid!
1 Answer from Attorneys
Re: Trying to help my nephew, whom was guilty until proven innocent!
Unfortunately, the political climate created by Mothers Against Drunk Driving and other well-intentioned groups has resulted in a guilty-until-proven-innocent mentality in DUI/DWI cases. The same problem exists in the serious erosion of constitutional rights in DUI cases (illegal roadblocks, presumption of guilt, double jeopardy, denial of counsel, etc.).
However, there is little that can be done -- other than possibly filing legal action for libel or other civil wrongs -- since presumably your nephew was never arrested or charged. At the risk of sounding overly cynical, the criminal justice system is increasingly designed to protect police and prosecutors, not defendants.
Lawrrence Taylor
Practice limited to DUI defense
Southern California
http://www.DUIcentral.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
