Birmingham Criminal Defense Blog : Birmingham DUI & Criminal Defense Lawyer & Attorney : Eversole Law Firm : Criminal and DUI Defense : Serving Birmingham, Montgomery, Alabama

Being charged with the traffic death of another individual in Alabama can be a terribly stressful situation for most anyone. As a criminal defense lawyer who has defended numerous people accused of crimes in Birmingham and other parts of the state, I know that when a traffic fatality results in a murder charge, it tops the list of serious crimes. This is when you need a competent and experienced criminal lawyer to handle your case.

A recent case being brought before a local court has put a Mobile man in the defendant’s chair. According to news articles, Leon Joseph Smith was charged with murder in the drunk driving-related death of a 20-year-old motorcycle rider in 2008. Based on reports, Christopher Willis was killed on September 27, 2008, when his motorcycle slammed into Smith's car, which allegedly turned in front of the motorcycle.

Although police say that Smith was drunk at the time, the man’s defense attorney has pointed out that Willis was speeding at the time of the collision -- his bike was reportedly traveling in excess of 70mph. Police reports indicate that Willis had been dining at a local restaurant earlier in the afternoon and was headed to a friend's home to watch a football game when the crash occurred.

According to police, Smith had a blood-alcohol content (BAC) four times the legal limit in Alabama. Smith, 64, was cited for the crash that instantly killed Willis on Hillcrest Road around 4pm on a Saturday afternoon.

Emergency medical technicians responding to the accident reportedly saw Smith, who refused medical treatment, gargling mouthwash at the scene. The driver declined to take any field sobriety tests, and was subsequently arrested by the police.

News reports show that a later test revealed Smith's blood-alcohol level to be "at least" 0.365 percent.Prosecutors maintain that Smith, being drunk, showed a "reckless indifference for other people on the roadway."Alabama law allows for drivers to be charged with manslaughter or murder if they cause a fatal accident while driving under the influence.

Mobile man faces murder charge for traffic wreck, AL.com, December 08, 2009

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Mobile, Alabama, man was recently charged with murder following a fatal pickup truck crash in Grand Bay, AL, that killed two passengers, as well as seriously injuring the driver and a third passenger. The wreck occurred in the early evening of May 29 when a truck driven by 29-year-old Carl Miller left Ramsey Road and hit a tree at a high rate of speed, killing his two cousins, Billy J. Miller, 17, and Joseph Miller, 20.

According to reports, the Mobile County District Attorney's office alleges that Miller was under the influence of alcohol and marijuana at the time of the accident. The police investigation revealed that the truck was traveling between 90-100 mph prior to going off the road and hitting the tree. Authorities also said that none of the truck’s occupants was wearing a seatbelt.

This is a tragedy of the first order. Three of the people, the two victims and the driver, were relatives, and that family has suffered a terrible loss. Obviously, the driver exhibited poor judgment, but to charge him with two counts of murder is an added blow to the families and relatives of these men. In addition, Miller was charged with leaving the scene of an automobile injury accident.

As a Birmingham criminal and DUI defense lawyer, I have represented clients in this type of situation before. There is no doubt that the allegations pose a huge challenge to this man’s defense, but that is why criminal attorneys like myself have devoted entire careers to helping those individuals accused of a crime, even when the odds appear stacked against them.

For Mr. Miller, police say he was drunk and maybe under the influence of marijuana. Add to that the allegation that he left the scene of the accident and it would seem that he is guilty. But there could be plausible reasons for his leaving. Of course, guilt is one possibility, but maybe he left because he wanted to get help for himself and the other men -- he and the other survivor of the crash both had serious injuries. Frankly, we won’t know the details until his trial.

Mobile Man Charged With Murder In Deadly Wreck, WKRG.com, June 1, 2009

Murder charges filed against driver in double fatality, AL.com, May 31, 2009
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link