Fatal Drunk Driving Accident in Cullman charged as Homicide

Posted by Steven Eversole | Apr 19, 2011 | 0 Comments

A 46-year-old Cullman man is facing a host of criminal charges following an Alabama DUI accident that killed an 8-year-old girl and critically injured three others, including her parents, according to the Cullman Times.

Birmingham DUI defense lawyers understand the stakes are high when a defendant is charged with drunk driving in connection with a serious or fatal accident. These are always tragic cases — certainly for the victim, but also for a remorseful defendant who faces years in prison.

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Too often, when police determine (or believe they have determined) that a driver involved in a fatal accident was intoxicated, any real investigation into the cause of the crash is concluded. Consulting with an Alabama drunk driving defense lawyer experienced in handling serious or fatal accidents is critical. The earlier you contact an attorney, the sooner he or she can get started with an independent review of the facts and circumstances surrounding your case. If it can be proven that you were either not intoxicated or not responsible for causing the accident, you should not be convicted of the most serious charges associated with a drunk driving crash.

In this case the defendant is charged with murder, homicide by vehicle, manslaughter, two counts of first degree assault and two counts of third degree assault. He was charged with driving under the influence shortly after the Dec. 17 crash. Some of these charges are “in the alternative,” meaning the prosecutor is seeking conviction on the most serious possible charge (murder) but has also charged homicide and manslaughter as lesser included offenses.

Certainly there will be little sympathy for the defendant in this case. In general, prosecutors love to show how tough on crime they are when it comes to convicting defendants involved in fatal drunk driving crashes — judges are too happy to comply with harsh prison sentences. Everybody loses. In cases where a victim is particularly sympathetic — as when a child or member of law enforcement is killed — there is typically even less room for negotiating.

In many of these cases, building a case for trial is in the defendant's best interest.

Police say the defendant struck a vehicle that had exited Interstate 65 and was traveling down U.S. Highway 31. The victim's vehicle overturned. The 8-year-old girl was pronounced dead at the scene and the girl's parents were seriously injured. The parents have also filed a civil lawsuit against the defendant.

If you have been charged with DUI in Birmingham or the surrounding areas, including Homewood, Irondale, Fiarfield, Hoover or Bessemer, contact Alabama Drunk Driving Defense Attorney Steven Everesole toll free at 1-866-831-5292.

About the Author

Steven Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama


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