As Lake Forest drunk driving criminal defense attorneys, we were interested to note a high-profile vehicular manslaughter with DUI case starting Nov. 29 in Orange County. As the Orange County Register reported Nov. 18, Jeffrey David Kirby will stand trial for the death of Charles Lewis Jr., who became famous as the owner of the TapouT line of mixed martial arts-themed clothing. Kirby, 53, is accused of being intoxicated and speeding when he raced his Porsche next to Lewis's Ferrari down Jamboree Road in Newport Beach. The Orange County District Attorney's Office alleges that Kirby lost control of his car and crashed into Lewis's car, which hit a light pole at high speed and was literally torn in half. Lewis died and his girlfriend, a passenger, was seriously injured. Kirby is accused of then leaving the scene of the accident.
Law enforcement found Kirby a few blocks away from the scene and took him into custody. Two hours after the crash, he allegedly had a BAC of 0.13, as well as marijuana in his system. Receipts in his wallet suggested that he had been drinking in Orange County bars. Lewis had no drugs or alcohol in his system. The Register said Kirby told police after his arrest that he intentionally speeded so his date could see the Ferrari close-up. Prosecutors are expected to treat this as an admission of guilt at the trial. However, the newspaper said Kirby's defense attorney is expected to argue that the Ferrari was driving much, much faster than Kirby's Porsche, and that the speed was responsible for the crash. If true, this could mean Kirby was not a substantial cause of the accident, which is a condition of the gross vehicular manslaughter with DUI charge that he faces.
Interestingly to our West Covina DUI criminal defense lawyers, the article notes that Kirby is not facing a second-degree murder charge, something Orange County readers may be familiar with thanks to the Andrew Gallo trial. In California, drivers with two or more past DUIs can be charged with second-degree murder rather than DUI manslaughter, under the theory that they knew driving drunk was dangerous but did it anyway. However, Kirby's two previous DUIs are from 1985 and 2002, before drivers were legally required to sign a statement to this effect. Possibly for that reason, prosecutors declined to charge Kirby with second-degree murder. Instead, he is charged with gross vehicular manslaughter while driving under the influence, with a sentence enhancement for causing great bodily injury, plus leaving the scene. He could be sentenced to as many as 18 years in prison if convicted.
Based in Anaheim, Howard Law, P.C. defends drivers from around California from serious charges of driving under the influence of drugs or alcohol. With fatal accidents like this one, DUI charges are life-altering, carrying up to life in prison. But even a first drunk driving conviction carries heavy penalties in California, including the loss of your driver's license, as many as $10,000 in fines and fees, DUI classes, probation or jail and more. Any conviction also puts you at risk for more serious penalties in the future -- even if, as in Kirby's case, the conviction is 25 years old. Our Seal Beach intoxicated driving criminal defense attorneys help clients fight these charges, fighting faulty or illegally obtained evidence whenever we find it.
If you're charged with driving drunk in California, you should contact Howard Law, P.C. right away to learn more about your legal options. To set up a free consultation, you can send us a message online or call toll-free at 1-800-872-5925.
