Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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Woman charged with DUI following accident involving toddler

More serious charges have been filed against a California woman accused of drinking and driving. The alleged DUI incident led to the death of a 15-month-old boy. The woman now faces a charge of vehicular manslaughter.

The accident happened on a Saturday, when the 72-year-old woman reportedly crashed into the boy while his aunt was pushing him in a stroller. The crash took place in a crosswalk. Shortly after the collision, the woman was arrested on charges of drunken driving and felony hit-and-run. She ended up posting bail and being released on Sunday.

However, the boy was pronounced deceased on Sunday since the boy's family chose to remove him from life support. At that point, authorities rearrested the woman on the stricter charge of vehicular manslaughter. After surrendering to police at around 3 p.m., the woman was released after posting a bond of $100,000.

The woman who was accused of DUI is presumed innocent until and unless proven guilty in a court of law. The prosecution must prove the woman's charge in California beyond a reasonable doubt or else no conviction can be secured. Because of the potentially severe consequences that may accompany a finding of guilt, a careful review of the evidence that the prosecution intends to offer in support of their accusation might be a focus of defense counsel in this case. Rather than proceeding to trial to fight the charge, the woman may opt to seek negotiations for a plea deal with prosecutors, which may lead to a lighter charge and/or a more lenient sentence for her. In either situation, the criminal defense will pursue the most personally favorable outcome for the client.

Source: latimes.com, "Suspect in DUI crash that killed MMA fighter's son rearrested on manslaughter charge, police say", Matt Hamilton, Sept. 8, 2016

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