Our Pomona DUI criminal defense lawyers wrote last month about the trial of an Orange County man for DUI manslaughter in an unusually brutal crash. Now, the Orange County Register reported Dec. 8, the jury has found Jeffrey David Kirby, 53, guilty of vehicular manslaughter with gross negligence while driving under the influence, as well as a sentence enhancement for causing great bodily injury. The victim, TapouT clothing company owner Charles Lewis Jr., was allegedly racing with Kirby in high-powered sports cars when his Ferrari hit a pole and literally split in two. The crash also seriously injured Lewis's girlfriend, Lacy Lynn White. Kirby, of San Clemente, was acquitted on another charge of leaving the scene of the accident.
Lewis and Kirby were allegedly racing up Jamboree Road, Lewis in a 2004 Ferrari and Kirby in a vintage 1977 Porsche. Newport Beach police officer Jonathan Sunshine happened to pass by at the time of the crash. He said he saw two sets of headlights approaching fast, then one vehicle slammed into a concrete pole and shattered. Lewis was killed instantly and White was thrown from the vehicle. Kirby's vehicle stopped for a few seconds, then drove on and was found a few blocks away. Tests later discovered marijuana in his system and a 0.13 blood-alcohol content, two hours after the crash. This is his second DUI. Lewis had no drugs or alcohol in his system. Prosecutors claimed a drunk Kirby lost control of his Porsche and spun out, knocking the Ferrari into the pole. Kirby and his attorney argued that Lewis's speed was responsible for the crash.
As Newport Beach drunk driving criminal defense attorneys, we don't often see cases where a driver is criminally prosecuted for a crash that doesn't directly involve his vehicle. We suspect that more evidence was available in court than the Register presented, and we'd certainly need to see that evidence if we represented Kirby. In fact, one thing that struck us about this article was the lack of emphasis on Kirby's role in the crash itself. There's a lot of evidence that Kirby made other irresponsible choices -- drinking and driving and racing -- but none of this makes him guilty of crashing Lewis's car. In fact, if the two drivers were racing and speeding, both of them would be responsible for that choice and its consequences.
At Howard Law, P.C., we prefer to take DUI cases early in the process -- as soon as the driver is released, if possible. One major reason why is that being involved early allows us to request a DMV hearing that can save your driver's license. Most people don't realize that an automatic license suspension is not fully automatic; drivers can request a DMV hearing within 10 days. This is a totally separate hearing from the criminal case, but our Norco intoxicated driving criminal defense lawyers can handle both and coordinate your defense between them. Being involved early also allows us to start building your defense early on. By guiding clients in their interactions with police and prosecutors, we can help them avoid missing opportunities to defend the case or negotiate for lowered charges.
If you're charged with drunk driving in California, don't hesitate to call Howard Law, P.C. for help. To set up a free consultation, contact us through our website or call 1-800-872-5925 today.
