Alcohol Suspected in Saturday's Fatal PCH Crash
Much like many other alleged drunk drivers, Donte Sheffield, 19, was headed home from a party with a friend along for the ride. The two were headed eastbound on the PCH when Sheffield lost control of his Ford Explorer, swerved into oncoming traffic, collided with a car, spun back into the eastbound lanes, and was struck again. His passenger, 15-year-old Roman Jimenez, whom he referred to as his brother, died on the scene, reports the Malibu Times.
The other drivers and passengers faced a variety of injuries, including one driver who needed surgery for abdominal injuries sustained in the accident. All are expected to survive, however. Sheffield was treated for minor injuries before being taken into custody on suspicion of drunk driving. Blood test results are expected to take four to six weeks.
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Even if his blood-alcohol test comes back above the legal limit, manslaughter charges may not follow. As we have stated many times before, there has to be some additional negligent conduct for the charges to be sustained. So far, there have been no reports of speeding or dangerous conduct (besides the underlying DUI). Sheffield informed the officers that he had “tire issues” before the crash. These issues have not yet been verified as the cause of the accident.
Should manslaughter charges not be an option, sentencing enhancements certainly will be. Much like yesterday’s Oxnard mother, whose drunk driving led to the death of her daughter and injuries to her son, there are provisions in the law that punish drunk drivers who have minors in the vehicle, who cause great bodily harm while DUI, and for other possibly applicable situations, like a high BAC. Though yesterday’s drunk driving mother was not charged with manslaughter, she was still sentenced to twenty-seven years.
The comparison isn’t perfect. She had multiple prior DUIs, a suspended license, and an obvious alcohol problem that she refused to acknowledge, which necessitated the maximum sentence for public safety reasons. Sheffield, it seems, was simply a teenager making an unintelligent decision. One wouldn’t expect him to be a continuing danger to others on the road.
Still, if his BAC test comes back above the legal limit, the odds of him escaping significant jail time are slim.
Related Resources:
- Consult a Los Angeles Criminal Defense Attorney (FindLaw)
- Teen Skids Over Skid Row Residents, Faces Manslaughter Charges (FindLaw’s Los Angeles DUI Blog)
- Killing Someone While DUI: Manslaughter or ‘Watson Murder?’ (FindLaw’s Los Angeles DUI Blog)
- California DUI Laws (FindLaw’s Learn About the Law)
2012-11-01 23:02:03
Source: http://losangelesduiblog.com/2012/11/alcohol-suspected-in-saturdays-fatal-pch-crash.html
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