Attorney Says Driver Fell Asleep Before Running Down Sheriff Recruits

win231

SF VIP
Location
CA
Challenging the claims of L.A. County Sheriff Alex Villanueva that a crash last week that injured a group of recruits on a training run in South Whittier was intentional, the attorney for the 22-year-old driver called it “a tragic accident” that occurred when the man fell asleep at the wheel while on his way to work.

The driver, Nicholas Joseph Gutierrez of Diamond Bar, was traveling in a Honda CR-V on Wednesday morning to his job as an electrical engineer for a solar panel company, his attorney, Alexandra Kazarian, said Monday. Gutierrez, who wakes for work at 5 a.m., had not been up late the night before, she said.

“He’s a good kid that fell asleep on his way to work early in the morning,” Kazarian said.
 

win231

SF VIP
Location
CA
Falling asleep? Not a valid defense.
Unless his attorney is able to cite a medical condition that can cause someone to lose consciousness.
If the driver doesn't have one, his attorney can have a doctor "find" one that hasn't been diagnosed.
Doctor: "Lab tests revealed Mr. _______ has an imbalance of __________ that can cause someone to fall asleep unexpectedly at any time. Since Mr. _________ would have no way of knowing he had this condition, he can't be blamed for the accident."

I learned that tactic while watching Dr. Conrad Murray's manslaughter trial. His defense tried to show that Michael Jackson died of "Atherosclerosis" which is present in every 50 year old to some degree.
 
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Nathan

Well-known Member
Granted, while there are no laws specifying criminal penalties for driving-while drowsy, doing so could still lead to charges of reckless driving or some degree of negligent driving, particularly if there was great bodily injury or a fatality.
 

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