DEROSA'S VEHICULAR MANSLAUGHTER CHARGES
Regarding Stephanie Derosas's Vehicular Manslaughter charges, according to the news report, a 32-year-old woman, Stephanie Derosas, was accused of driving under the influence when her black Toyota Camry struck Okamura's Chevrolet Cruze stopped at a red light.
The suspected driver, 32-year-old Stephanie Derosas, was arrested on suspicion of DUI and vehicular manslaughter, according to police and the news report. The woman remained hospitalized this past Friday afternoon, so details regarding her injuries were not available, according to the news report.
The stories, meaning those involving vehicular manslaughter, are never easy. As I often say, there are no winners in these cases – everyone loses. The victim obviously loses, as does his/her families and friends. The accused, and his/her families and friends, also lose. Even the law enforcement officers and the DUI defense attorneys lose because the details and images cannot be unseen or unheard. Again, there are no winners – everyone loses.
That said, I am often asked how I, or we, can defend against the crime of Vehicular Manslaughter. The truth is that because there are no winners, someone has to try to look out for the greater good. What I mean by that is that some good can come out of the loss, or losses, in that it can be used to teach both the accused and those around him/her about the dangers of drunk driving. As I have often said in many of my blog posts, I do not condone drinking and driving; but I do defend those charged with the crime. I do it for several reasons. One of the reasons I do it is to defend those who I believe it cannot be proven beyond a reasonable doubt that the person is actually guilty of the crime beyond all reasonable doubts. Another reason is that for those to whom this does not apply, I can teach them about the pitfalls that we all know are associated with drinking and driving, which is that far too often one can be above the legal limit without even knowing it. The risk is just too great. The public opinion against drinking and driving is so great that it is a crime that has become increasingly more and more difficult to defend because one faced with such charges would need a jury that understands the law that they are to apply to their jury deliberations, a few of those topics have been addressed in prior blogs, such as “The Presumption of Innocence”, “Proof Beyond a Reasonable Doubt” and the “Circumstantial Evidence Instruction”.