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Contributory Negligence a No-Go in California DUI Cases
Contributory negligence may not be at all applicable to a charge of DUI homicide, dependent upon the facts of the specific case.
November 26, 2010 /Transportation and Trucking PR News/ -- The California Court of Appeals recently drew a hard line against those who cause injury or death while drinking and driving: the victim's own negligence (if any) will not be given the same weight it would be in a civil trial. Simply put, contributory negligence may not be at all applicable to a charge of DUI homicide, dependent upon the facts of the specific case.
Why Did the Court Decide This Issue?
The October verdict was issued by the court while evaluating the appeal of Heather Azkoul, convicted in June of 2009 on charges of vehicular manslaughter and fleeing the scene of a 2007 accident. At the time of the accident, Ms. Azkoul was heading home after a night of drinking when she was distracted by her cell phone and swerved into the path of a nearby bicyclist, Virginia Cordier. Mrs. Cordier was thrown approximately 200 feet by the impact and later succumbed to severe head trauma and other injuries suffered in the collision. Ms. Azkoul kept driving after striking Mrs. Cordier, and was eventually taken into custody about a mile away from the scene of the accident.
In a novel argument, Ms. Azkoul and her attorneys had argued at trial that she was innocent of both vehicular homicide and fleeing the scene of an accident since the accident could not have been avoided even if she had been sober. That argument -- essentially a modified version of the civil law concept of contributory negligence -- was based upon the fact that the medical examiner had found alcohol and traces of methamphetamine in Mrs. Cordier's system. Ms. Azkoul's defense strategy turned upon Mrs. Cordier's level of intoxication --Ms. Azkoul argued that Mrs. Cordier would have been unable to ride her bike in a straight and safe path with those toxic substances in her system, and would have swerved into traffic and been struck by Ms. Azkoul's vehicle anyway, essentially rendering moot the point that Ms. Azkoul was driving under the influence at the time.
What Did the Court Say?
The concept of contributory negligence is nothing new. It has been used in a civil law context for years, and it is particularly common in personal injury cases. The doctrine is simple enough, saying that a victim should not be compensated for harm that he or she helped cause. Any recovery given to the victim is diminished by the relative dollar amount of any contribution he or she made to the damage.
It may seem logical for the same concept to be applicable in a criminal setting, but that is generally not the case. A victim's negligence may be a mitigating factor in the severity of criminal charges brought against a defendant or when making decisions about punishment, but it will not usually allow a defendant to get off scot-free. The California Court of Appeals decided that it would be patently unfair for a defendant charged with DUI homicide to go unpunished because the victim may have acted in a manner that, while not illegal, could be considered negligent.
The Azkoul decision is likely the first of many cases discussing the issue of criminal contributory negligence. For now, however, evidence of negligent behavior on the part of the victim -- at least in a DUI homicide/criminal vehicular manslaughter case -- remains inadmissible. Although not a complete defense, courts have considered the negligence of victims when determining the punishment and sentence given to the defendant. A good criminal defense attorney will use all the facts of the case to negotiate and argue on behalf of his client.
Regardless of the state of the criminal contributory negligence doctrine in California, if you or a loved one is facing criminal charges and you think that the victim's negligence could be of significance for your defense, contact an experienced criminal defense attorney to learn more about your legal rights and options.
Article provided by Jerrold M. Bodow Attorney at Law A.P.L.C.
Visit us at www.attorneybodow.com
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