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Motorcyclist faces gross vehicular manslaughter and DUI charge

A California man who was hospitalized after suffering fractured ribs and a collapsed lung may be facing a gross vehicular homicide while intoxicated charge upon his release from the hospital. He was taken to a hospital after a recent motorcycle accident. The pending charges arose from the death of his 43-year-old passenger. The injured motorcyclist will likely be considering his options related to defending a DUI charge.

An accident report by officers of the California Highway Patrol states that the accident occurred at an intersection in Marin County. It is alleged that a reckless turning movement caused the motorcyclist to lose control of the bike. The motorcycle overturned, ejecting the driver and the passenger. The passenger was declared dead at the accident scene.

The CHP officer says he had reason to suspect the motorcycle driver of being intoxicated at the time of the accident. The media report lacked information of the motorcyclist's blood alcohol level or any other facts that may have contributed to the officer's suspicions. The procedures in determining a driver's level of intoxication can be challenged. In some cases, DUI charges are based on behavior and appearance alone without considering possible sickness, fatigue or a physical or mental disorder.

Prosecutors might charge suspected DUI drivers with any of several charges if the accident resulted in the death of another person. Gross vehicular manslaughter is a serious charge, and a suspect may need the assistance of an experienced defense attorney who will ensure all the evidence is assessed and examined. Defending a DUI charge can be tricky, but with competent defense an accused driver may look forward to the best possible outcome.

Source: Novato Ca. Patch, "Man Facing Criminal Charges for Motorcycle Passenger's Death in Marin", Renee Schiavone, April 29, 2015

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