Four Drunk Drivers Arrested at Oxnard DUI Checkpoint
I’m Ed Smith, an Oxnard car accident lawyer. A weekend DUI checkpoint over June 24 and 25 conducted by the Oxnard Police Department resulted in four arrests for drunk driving, including one driver who crashed nearby and almost struck the checkpoint. I want to extend my congratulations to the Oxnard police for a job well done and their continuing efforts to keep drunk and drugged drivers off the roads.
The checkpoint occurred from 8:00 in the evening on Saturday and lasted until 3:00 in the morning on Sunday on Rose Avenue heading southbound near Tiesa Lane. According to police officials, screening was conducted on 884 vehicles. One of the drunk drivers who was apprehended, the one who almost crashed into the checkpoint, ended up colliding with a tree and a street light in the median of the road.
Citations Issued During the Checkpoint
In addition to the four DUIs, the officers also issued citations for 12 drivers who were either driving with a suspended license or had no driver’s license. In all, the officers issued 18 citations and had to have four motor vehicles towed from the checkpoint area.
Dangers of Drugged Driving
According to a police representative, more attention is being paid to drivers who are impaired by illegal drugs, prescription medications or a mixture of drugs and alcohol than ever before. The National Highway Traffic Safety Administration reports that one American is injured every two minutes by an intoxicated driver. Another study showed that, while drunk driving is dangerous, drugged driving is more common and accounts for almost one-third of those who are involved in crashes with fatalities.
Negligence in a Drunk Driving Accident
Under California law, a plaintiff must prove that a defendant was negligent, breaching his or her duty of care. If the defendant was intoxicated, it is necessary to present evidence supporting this claim. A police report can be used as evidence. If the report indicates the driver/defendant’s behavior was indicative of impaired driving, it can be used to substantiate the claim. This could include slurred speech, inability to walk a straight line or confused thinking. Test results such as Breathalyzer, blood or field sobriety tests, can be used as evidence to support drunk driving.
A conviction for drunk driving can also be used to prove the defendant was impaired and negligent. A legal doctrine called negligence per se can be applied. This doctrine creates a presumption of negligence, in this case drunk driving. All the plaintiff needs to prove is that the drunk driver‘s negligence resulted in the accident and that because of that the plaintiff was injured.
Standard of Proof in Drunk Driving: Civil Versus Criminal
The standard of proof differs in civil and criminal cases. If a driver is convicted of drunk driving in a criminal case, the case rests on proving the charges beyond a reasonable doubt. A civil case requires proof by a preponderance of the evidence. This means you are able to provide more credible evidence than the defendant. If a conviction exists along with the higher standard of proof, it will more than likely be permitted to be used in the civil case as evidence.
Oxnard Car Accident Lawyer
I’m Ed Smith, an Oxnard car accident lawyer. When you or a person you love has been injured by a drunk driver, call me at (805) 372-0200 for advice that is friendly and free. If it is more convenient, call my toll-free line at (800) 404-5400.
Since 1982, I have represented the people of California, including Oxnard and Ventura County, in their motor vehicle traumatic injury cases and wrongful death lawsuits, as well as other personal injuries and can do the same for you.
As a California member with the Million Dollar Advocates, I have shown that I rank among the top trial lawyers in the country with settlements/verdicts of $1 million and over.
The Previous Verdicts and Settlements page on my website illustrates how I have helped previous clients.
As creator and owner of autoaccident.com, I invite you to look over my website where you will find comprehensive information on personal injuries.
Photo Attribution: https://commons.wikimedia.org/wiki/File:Sobriety_checkpoint_easthaven_ct.jpg courtesy of Versageek