Legal Question in Criminal Law in Idaho
drunk driver deaths
my wifes stepbrother killed her mother and step-father in a one vehicle accident. The step-brother denied driving at the scene and said his father was driving. The state police redid the accident and put the son behin the wheel. The prosecutor does not seem to want to pursue the case, what are our options for gettin this drunk off the road?????????
2 Answers from Attorneys
Re: drunk driver deaths
Like Jes, my practice is in the area of criminal defense. I agree with Jes's analysis. The reason you may be more successful in a civil suit than the prosecutor might be in a criminal case is that the burdens of proof are quite different. In a civil case, the burden is mere preponderance of the evidence. In criminal cases, the government must prove its case beyond a reasonable doubt. If the evidence could prove either conclusion, the prosecutor may not take it on, but that would not mean that a civil case couldn't succeed. Example: O.J.
Mark Sullivan
Mark R. Sullivan - Attorney at Law
1204 1st Ave. E, Ste. A
Re: drunk driver deaths
As an attorney practicing criminal defense law, as is the case with most of the other attorneys answering questions on this board, I generally DEFEND people and not prosecute them.
But you might want to talk with a local attorney regarding the possibity of filing a civil lawsuit for wrongful death on behalf of the estate of your late in-laws.
Jes Beard
Jes Beard, Attorney at Law
737 Market St., Suite 601
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