Prosecutors Decline to Charge Alleged Drunk Driver Who Hit Off-Duty Officer

March 2, 2010
By Howard | Nassiri, PC on March 2, 2010 8:49 AM |

As Chino Hills DUI criminal defense attorneys, we were interested to see an article about a suspected DUI case that didn't end with a criminal charge. The Orange County Register reported Feb. 22 that Thomas Reed, 23, of Canyon Lake is accused of causing an accident involving an off-duty Los Angeles County sheriff's deputy and the principal of Marina High School in Huntington Beach. Reed is accused of rear-ending a car driven by Jonathan Kerber, 23, on the 91 Freeway near Imperial Highway. Debris from the accident hit a car driven by Paul Morrow, principal of Marina High.

Law enforcement said Reed was driving at about 100 mph when he rear-ended a car driven by Kerber. Also in the car was Kerber's wife Mallory Kerber, 27. Jonathan Kerber saw Reed's vehicle coming and veered to the right, off the road. Reed veered to the left and hit the center divider. Debris from that impact hit a car driven by Morrow, and occupied by passenger Jeanne Ellis, an assistant principal at the school. Ellis sustained multiple broken bones and Morrow sustained a concussion. Both Kerbers sustained minor injuries, but Jonathan Kerber was alert enough to chase Reed and stopped his attempt to flee the scene. The Orange County District Attorney's office said there was insufficient evidence to charge Reed, but that may change if more evidence comes to light.

To some people, it may seem like an injustice that the DA's office didn't charge Reed. But as Westminster drunk driving defense attorneys, we know that prosecutors won't bring charges if they don't believe they can win at trial. That suggests that in this case, they don't have they key piece of evidence in most DUI cases -- a breath, blood or urine test. Without a blood-alcohol concentration test result, you can still be charged with DUI in California, but only if prosecutors believe they can prove you were under the influence of alcohol, drugs or both. This can be difficult to prove without a BAC test result, because evidence for it is usually circumstantial. However, Reed may still face a DMV license suspension if he refused to take a test.

Based in Anaheim, HOWARD | NASSIRI PC represents Californians who are facing any type of charge related to intoxicated driving. This includes DUI charges themselves as well as DMV license suspension hearings and more serious charges like vehicular manslaughter. A DUI conviction can cause serious disruptions in your life, including the loss of your driving privileges, massive fines, fees and insurance rate hikes and even jail or prison time. If you must drive for work or school, it can threaten your job and your income. Our Rancho Cucamonga DUI criminal defense lawyers help clients avoid some of these negative effects by challenging a drunk driving case with insufficient or tainted evidence, or negotiating reasonable penalties for clients who prefer a guilty plea.

If you're charged with intoxicated driving in southern California, don't hesitate to contact HOWARD | NASSIRI for help. To learn more at a free consultation, you can call us at 1-800-872-5925 or contact us through the Internet.