Monder Law Group - News
Save Elder Man with Medical Conditions Facing a DUI
This was a case Monder Law Group handled where the District Attorneys Office filed criminal charges against an individual who is medically disabled. This individual was pulled over by law enforcement for driving onto oncoming traffic. After a failed filed sobriety examination and blood test, the client was arrested and charged with a DUI and not having a valid California Driver’s license. The prosecution believed the elder individual was high on methamphetamine and other controlled substances based on the high levels of controlled substances found in the bio-toxicology report. Under California Vehicle Code Section 23152(e) you can be charged with a DUI for driving under the influence of a controlled substance. Not all DUIs involve alcohol. Also, these charges are more difficult to prove because it is a subjective sign of intoxication. Everybody has different tolerance to controlled substances and it is difficult to prove whether the behavioral signs are based on medical issues or if being under the influence of a controlled substance causes the behavioral issues.
It is important to have an expert witness that understands the forensic toxicology involved in these cases. At Monder Law Group we have the best experts in the country on staff. We called a forensic toxicologist with over 40 years of experience supervising the LA County Crime Laboratory and has personally testified over 2,000 trials with facts similar to the case we had. He was able to tell a jury that the client was not under the influence at the time and the nanograms per milliliter of controlled substances found in the client’s blood is less harmful in terms of driving than if he had two cups of coffee. Attorney Vik Monder was able to convince a jury that these behavioral characteristics were due to the physical disabilities and mental health issues of the client and not because the client was under the influence of any drugs. The jurors understood the argument from the defense and the prosecution eventually dismissed the DUI charge against the elder man because of the strong articulate arguments made by Attorney Vik Monder.
DUI cases in San Diego are some of the most challenging cases to put in front of a jury because most jurors have their own experiences of friends or family that have been victim to accidents involving drunk drivers. If you are looking for a competitive advantage with an expert forensic toxicologist at your disposal, then attorney Vik Monder is the most experienced to handle such issues. Many times cases are dismissed before the trial stage when motions are filed along with reports from the forensic toxicologists. Feel free to contact attorney Vik Monder to discuss your case directly at 619-405-0063.