As Highland drunk driving criminal defense attorneys, we were sorry to see an article about serious criminal charges in an alleged DUI fatality and injury case. The Los Angeles Times LA Now blog reported Jan. 13 that Edward Stanley Butler, 70, has been charged with vehicular manslaughter while intoxicated without gross negligence. Butler is accused of driving drunk when he hit a car turning out of a parking lot in Orange. The resulting crash killed Tamiko Kaminaga, 60. Her 17-year-old son, Jorge Maresch, suffered a broken nose and cuts to his face. Butler was reportedly also injured. He is scheduled to be arranged Friday on the vehicular manslaughter charge and could face up to four years in prison if convicted.
According to an earlier article from the Orange County Register, the crash took place as Kaminaga was making a legal left turn out of a parking lot on South Tustin Street in Orange. Butler was driving south on the street in a pickup truck and failed to stop or slow down for Kaminaga's sedan. Police responding to the accident found an empty bottle of vodka in Butler's vehicle. Butler was sitting in the street next to his truck, and had slurred speech and red eyes, classic signs of intoxication. A blood-alcohol test showed that Butler's blood-alcohol level was 0.22, which is nearly three times the legal limit of 0.08 in California. Prosecutors told the media they plan to request that he be held in lieu of $100,000 bail.
Our Downey intoxicated driving criminal defense lawyers hope Butler has retained an experienced defense attorney, because this is a serious charge. A charge of DUI manslaughter without gross negligence can be a misdemeanor or a felony, and prosecutors in this case have chosen to charge it as a felony. However, police and prosecutors sometimes make mistakes, and even charges like these can be defended. For example, people making unprotected left turns almost always have to yield to oncoming traffic. If Butler and his defense lawyer can show that Kaminaga didn't check oncoming traffic carefully enough, they may be able to show that her own negligence caused or contributed to the crash. They may also be able to turn up problems with the BAC test that is responsible for the "driving while intoxicated" part of the charge.
At Howard Law, P.C., we defend Californians from all types of drunk driving charges -- from first DUIs with no accident to fatal or serious-injury crashes. No matter what the circumstances, a DUI charge has an immediate negative effect on drivers' lives. Right away, law enforcement will take away your driver's license. If you're convicted of a first DUI with no injuries or special circumstances, you can expect mandatory alcohol education classes; jail or probation; community service; thousands in fines; and a possible license suspension of six to nine months. Our Fountain Valley DUI criminal defense attorneys help clients fight these penalties in court and at the DMV's driver's license suspension hearing we can help you get. Remember, you're not necessarily guilty just because the police think you are, and you should never plead guilty until you've at least discussed the case with an attorney.
Howard Law, P.C. offers free, confidential case evaluations, so you can tell us about your case and learn about your legal options at no further risk or obligation. To set up a meeting or learn more about us, call us at 1-800-872-5925 or send us an email today.
