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If you are drinking And driving and someone pills out if front of you illegally and cause you to swerve and lose control.

Anchorage, AK |

the crash resulted in a death why was the driver of the vehicle who was drinking charged with the death even though there is experts that showed they where in control till the other driver tried to illegally cross the road and cutting them off.

Attorney Answers 3


  1. It is likley that the DUI/DWI statute is a strict liablity offense. That means it doesn't matter what the underlying facts are, if you violated the statute you are held liable. I would have this person consult with criminal defense attorney immediately. There may be some defenses that would mitigate the charges/ sentence. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. The best person to answer this question is the accused's attorney.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  3. If you were charged with drinking and driving, retain a local criminal lawyer to defend. Report the accident to your insurance company to resolve.