Pat's DUI

  Not yet concluded
  Criminal Defense
  CA: Superior Court
  Porterville, CA

Defendant

Pat M.

Victor Joseph Mazzaraco
Avvo Rating: 5.8 (Average)

Settled dui for traffic infraction & $50 fine

Pat M. was camping with friends, decided to go out for some dinner. He's driving his motorcycle, friends following in a station wagon. Pat goes around a turn on Hwy 99 and is forced off the road by another car way over the yellow line. He hits a boulder, goes down the embankment, hits a drainage ditch and suffers a broken leg, foor, pelvis broken in five places and a punctured lung. Cell phones don't work in the mountains and Pat waits with his girlfriend while friends drive for help. Pat's girl has a flask that they had taken for the camping trip. It's full of whiskey - about 7ozs total. He drinks this while waiting, and suffering unimaginable pain. When the cops arrive they smell the booze - which Pat admits he drank - and decide he was drunk and that's why he crashed. Unbelievable. They charge him with a dui. Talk about adding insult to injury...
Well, once Pat explained what had happened to me, and I confirmed it with half-dozen witnesses, I just promised myself that Pat M. was not going to have to deal with a dui conviction on top of everything else...
Final outcome: settled the case for a no-point traffic infraction and $50 fine. I worked out blood alcohol extrapolation data proving that Pat was not drunk at the time of the accident (9 PM). To their credit, the prosecutors listened and saw the truth.
Sometimes, there is a little justice in this mean old world.



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