According to a High Desert's Daily Press news article, after midnight on January 17, 2013 presumed driver Tony Martinez Jr. was traveling in an easterly direction on Chestnut Street in Hesperia, CA. Reports suggest that Martinez was traveling at a high rate of speed at the time the vehicle, without stopping, proceeded through the intersection at Hesperia Road busting through a guardrail before rolling over and coming to a rest on railroad tracks. San Bernardino County Sheriff Sgt. Doug Hubbard suggested the vehicle was traveling in excess of 50 miles per hour to have traveled enough distance to nearly jump the wash. BNSF Railroad was forced to stop all railroad traffic during the initial accident investigation, which took approximately 4 hours.
As a result of the collision, passenger, Joevanni Vega was ejected from the 2009 Honda Civic and was pronounced dead at the scene. Presumed driver Tony Martinez, who was found still restrained by his seat belt in the vehicle suffered major head trauma as a result of the accident and was airlifted to a local area hospital. Shortly after the accident, Martinez Jr., at Antelope Valley Hospital was said to be in stable condition. Attorney David A. Welch who has a San Bernardino based DUI defense practice had worked closely with Victorville Prosecutors and Superior Court Judges assigned to the high deserts court in seeking resolutions to similar cases.
Heading the investigation of the accident is the San Bernardino County Sheriff's Major Accident Investigation Team. Based on preliminary results, no other vehicles were said to be involved in the accident and Alcohol is believed to have plaid a roll in the crash, however, the investigation is still ongoing.
Although the manner in which this event is being presented by this lawyer may seem less conclusive than that written by the staff writer of the Daily Press, the existence of a top DUI defense attorney should be to question all of the evidence, even the obvious. Take for instance that statement that Mr. Martinez was found seat-belted in the vehicle, the article did not say in which seat, whether the seat-belt buckle was securely attached to its counter part. Is it in fact possible that Mr. Martinez could have been tossed about the vehicle during the time it was in the process of rolling which resulted in him becoming tangled in a seat-belt not originally his. It is important that an attorney who defends an individual in a fatality driving under the influence case draws or allows to be drawn a conclusion fatal to his clients case.
Further, a Sheriff's press release later suggested that alcohol may have played a part in the accident. Again, a presumption that may seem reasonable to Sheriff but can not be accepted as a forgone conclusion by any attorney who may represent Mr. Martinez. BAC or blood alcohol concentrations in someone's blood is a matter to be determined by science and not a Sheriff's Major Accident Investigation Team. Because the consumption of alcohol is not a constant in consideration of the variance in alcohol strength between a beer, a glass of wine or a shot of Bacardi 151 and the manner and speed for which they were consumed, we can not automatically concluded one's blood alcohol lever without exact scientific calculation. Factors which must be included in calculations are time drinking began, time drinking stopped, was what drank and when was it drank. Food also plays an important roll as it will effect the absorption. We know from the report that Martinez was found in the vehicle. How much time was exhausted extracting him from the vehicle. This may just have been enough time to have rendered a blood alcohol level below the state limit of .08%.
Mr. Welch has represented many clients in similar DUI cases and has successfully used the exact arguments presented in this article to assist other driving accused of DUI to successfully reduce there cases. We would be please to set up an appointment with you so that Attorney David A. Welch may effectively discuss your case directly with you.