A young man from Anaheim faces two counts of vehicular manslaughter, the Orange County Register reported Dec. 21. The case against Rafael Lopez, 18, caught the attention of our Corona drunk driving criminal defense attorneys because Lopez is accused of very serious crimes. Prosecutors say Lopez had a blood-alcohol level of 0.13 when he ran a red light in Buena Park and hit the car of Steven Uselton, 44, and Douglas Uselton, 17, as they were headed to a school debate tournament. A memorial to the Useltons drew hundreds of people Monday night at Oxford Academy in Cypress, where Douglas Uselton was a senior and a member of the baseball and basketball teams. Lopez was scheduled to be arraigned Dec. 21 in Santa Ana, and faces up to 13 years in prison.
Police say Lopez was drunk and speeding at 5:30 in the morning when he ran a red light at the intersection of Crescent and Knott Avenues in Buena Park. Prosecutors say his car hit the Useltons' car so hard that it was pushed 130 feet down the road. Both father and son were pronounced dead at the scene, while Lopez suffered minor injuries. He was treated and released at the hospital, then arrested for on suspicion of vehicular manslaughter driving under the influence. Because he is under 21, he is also in violation of California's zero tolerance DUI law, which makes it illegal to drive with a BAC of even 0.01. Teachers at Oxford Academy brought in grief counselors to the debate tournament after they learned what happened, and the school held a memorial Monday night for the Useltons.
As Fullerton intoxicated driving criminal defense lawyers, we'd like to point out that Lopez could also face no fewer than three separate charges related to the fact that he's under the age of 21. As we noted, drivers under 21 are subject to a "zero tolerance" law, which makes it a civil offense to drive with any amount of alcohol in your bloodstream at all. However, this is not a criminal offense; the penalty is losing your driver's license or delaying eligibility if you don't yet have one. Underage drivers with BACs at 0.05 or higher are also penalized by an under-21 DUI criminal law, an infraction carrying fines and probation. And just like drivers over 21, they can be charged with a regular DUI if they have a BAC of over 0.08. In this case, it's not clear whether prosecutors charged Lopez with any of these, since the DUI manslaughter charges are much more serious.
If you're charged with underage drunk driving, or any type of driving under the influence, Howard Law, P.C. can help. We represent people accused of all types of DUI, from a first offense to serious charges like these. When the police have a blood-alcohol reading over 0.08, many defendants feel that they should just plead guilty to "get it over with." In fact, not even a BAC reading over the legal limit is necessarily a slam dunk for the prosecution, because some BAC readings are acquired under circumstances that violate the defendant's rights or cast doubt on the reliability of the sample. Our Lakewood DUI criminal defense attorneys look through clients' cases for suspicious circumstances like these and help them fight the severe consequences of a conviction.
If you're accused of driving while intoxicated in California, don't wait to call Howard Law, P.C. for help. To learn more about us or tell us about your case at a free consultation, send us an email today or call toll-free at 1-800-872-5925.
