What are the Common Defense Strategies in Drunk Driving Vehicular Homicide Cases?

For the most part, in DUI cases there are two types of crucial evidence that defense attorneys will have to challenge in court; the sobriety test and breathalyzer test. However, in cases of vehicular homicide there is no scope of either the sobriety or the breathalyzer test since the offender and others who may be injured will have to be rushed into an emergency ward. 

The evidence in this case is the blood draw conducted at the hospital. The strategy would be to find legal loopholes and make the blood report inadmissible as evidence and this is what Covington, TN drunk driving accident lawyers focus on. The best law firm in this entire region for these types of cases is the Muldavin Law Firm.    

Best defense-strategies in a vehicular homicide

The jury is predisposed to favor a verdict against a drunk driver who has taken the life of another innocent individual. Therefore, the strategy adopted by Western Tennessee and Memphis area drunk driving accident attorneys is often directed towards mitigating this sentiment of the jury.

Legal professionals usually make an attempt to prove that the victim was the one driving rashly and the accident was the outcome of the negligence caused by the victim. If the victim was a passenger of the defendant’s car then the legal representative will try to prove that the victim had a higher blood alcohol content (BAC) level and that he/she had asked the defendant to drive.

The prosecutor will attempt to make defendant culpable by submitting the blood alcohol test as evidence in court while the defense lawyers will have to make sure the evidence is suppressed. Covington, TN drunk driving accident lawyers such as those from the outstanding muldavinlawfirmtn.com often prove that their client was in no state to give consent to the test. Since the blood was drawn without their consent, the evidence is therefore inadmissible.

Manipulating evidence and witnesses

Legal professionals immediately set upon gathering evidence in the wake of a vehicular homicide involving a client. The car is seized by the police and subjected to forensic analysis. Therefore, lawyers seek to get copies of that report. Defense lawyers also visit their clients in the hospital immediately after the incident for the purpose of observation and to determine if they can gather any evidence. It does depend on how quickly they can be hired. Many times the victim or the defendant, depending on how it turns out, has not chosen a lawyer yet. You have to be very careful what you say to people even in the hospital.

They may also request for a separate blood draw. The next step will be to collect all the medical and accident reports and conduct interviews with the first responders such as the police and emergency services.

To have the results of blood tests dismissed as evidence Covington, Tennessee drunk driving lawyers argue the reliability of the test in order to convince a jury that the blood evidence is fallible. If a client has suffered a concussion or if a sedative is given to the defendant for a procedure then proving that the blood was drawn without the consent of the defendant will be easier.

If you are caught up in a legal mess you need a legal heavyweight in your corner. Not a prize fighter but a prize law firm. There is no one better in the Memphis area than the Muldavin Law Firm. They know the system, they can find loopholes in the prosecution's case to exploit, and they keep their clients informed of all the developments along the way. If you need a Covington, TN drunk driving accident lawyer, call the Muldavin Law Firm for a variety of reasons, all of them being good.

Using experts to nullify the evidence

The police prepare the accident reconstruction report following which the prosecution is most likely to pin the blame on the defendant. The defense legal team must have its own team of experts to challenge the reports and their interpretation. They can give a completely different interpretation of the same reports. For instance experts will often ask:

• How was the blood drawn?
• What were the methods used to analyze the blood?
• Does the defendant suffer from any condition or take any medication that can impact the result?
• What is the qualification of the individual who analyzed the result?

Complete and concrete legal teams, such as the Muldavin LawFirm, have noted toxicologists who can counter specialists provided by the prosecutor.