passenger is under the influence of ketamine and methylone ,grabs steering wheel causing the driver to wreck and unfortunately is killed and driver is charged with his murder.
What a tragedy. Sounds like an auto accident claim and a possible wrongful death claim as well.
The driver being prosecuted for murder needs to immediately retain a skilled and experienced criminal defense attorney. This will undoubdetly be a complicated and costly case to defend.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
Do the police think the driver was under the influence of drugs or alcohol when the accident occurred? Did they draw blood on the driver? if the driver had any alcohol, illegal substances, or prescription medication in his system the state will want to proceed with the murder/vehicular homicide charges.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
There is no question here, but I assume you are wondering how to proceed. You should speak with a very good criminal defense attorney right away. Obviously, someone is not guilty of murder if they did not act to cause the death of another person, and the burden is on the State to prove that the driver was at fault, but you will need someone very good to convince a jury or the prosecutor that it was the victim's own actions that lead to his death and not the actions of the driver. If the driver was also intoxicated, then there may be nothing that can be done, because the State will be able to say that in a sober state, the driver would have been able to prevent the accident despite the actions of the passenger.
I've had similar cases. The driver needs to hire an experienced lawyer who will need to hire an experienced accident reconstruction expert. This is a serious case that must be fought.
You did not ask a question, therefore, I do not know what advice you are seeking.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline