DRUNK DRIVING CAN RESULT IN TIME IN JAIL AS WELL AS JUDGMENT IN LAWSUIT—SANTA ANA AND OJAI ATTORNEYS MAY BE ABLE TO HELP YOUR FAMILY OBTAIN DAMAGES
Some people may think that if you have been punished in criminal court for a crime you committed, then you are free from liability in other cases. However, that is not the case in many situations. For example, even with the concept of double jeopardy applied (the right of an individual not to be prosecuted for the same crime twice) the victim of a crime can sue the wrongdoer in civil court for damages sustained in the incident. This can happen even if the wrongdoer was acquitted, or found not guilty of the crime. This is primarily attributed to the fact that these civil lawsuits require negligence or recklessness, and not a higher requirement of action, like intent.
On October 3, 2009, 18 year old Milad Moulayi was sentenced to 15 years to life in prison for the second degree murder of 16 year old Mackenzie Frazee. Frazee was killed after a party in 2008 when Moulayi insisted on driving her home. Moulayi had drunk several shots of alcohol and was stumbling drunk when he left the party. He had been warned about driving without a license before, but obviously did not heed the warning because he did not have a license at the time of the accident. In another unrelated accident on October 1, 2009, Kim Fullenwider of Ojai was arrested and charged with child endangerment after she was caught drinking and driving a busload of students. The accident occurred when Fullenwider tried to make a U-turn but was hit by a pickup truck.
In both of these incidents, the family of the teenage girl and the parents of the children may be able to sue the drivers for their negligence in the incident. However, there are many elements of both cases that would need to be examined by an experienced attorney. For example, because Moulayi was an unlicensed driver, he likely did not have car insurance, so who would foot the bill for a judgment against him in civil court? All of these things hinge on the experience and knowledge of practicing attorneys, like those of Greenberg & Rudman LLP. We have won over $150 million in verdicts and settlements, so call our office now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation. Please go to www.alawpro.com to read more about our attorneys and the different areas of law that we cover, including wrongful death lawsuits.
