April 2023 eNewsletter Issue no. 80
DUI Murder - Charges and Factors
Affecting Your Case
In this video, Managing Partner David P. Shapiro discusses DUI Murder, including the possible charges that may be filed, as well as the factors that may affect the outcome of the case.

In any DUI murder case, there is a tendency among defendants, as well as some attorneys, to concentrate solely on a person’s blood alcohol level or the results of a toxicology screen for drugs. At our Firm, we focus on more than your BAC or the possible presence of drugs in your system. In the first instance, we get to know your life, your dreams, your upbringing, and the ups and downs you’ve faced. We concentrate on more than your blood alcohol level, and what kind of a plea deal can be struck.The point is that we get to know you, and that fact alone allows us to better represent your interests. 

In addition, there is more to any DUI charge, including a DUI murder case, than simply your level of intoxication, whether it is the result of alcohol or drugs. The circumstances surrounding the accident are crucial in this type of case. Who caused the accident? Who had the right of way? Was another driver at fault? Even if the answers to these questions do not provide you with a solid defense against the DUI murder charge, these circumstances can affect the type of plea deal you can get, and, if you are convicted, the length and terms of your sentence.

If you have any questions about DUI murder, gross vehicular manslaughter, DUI with injury, or similar charges, particularly in San Diego, we are just a phone call away. Call us at 619-295-3555.
The Inaccuracies of Cross-Racial Eyewitness Identification
Many criminal cases hinge on the issue of eyewitness identification. While your gut reaction may tell you that eyewitness testimony is the best evidence against a suspect in a criminal case, statistics show that it is one of the least reliable forms of identification. In fact, a recent study at Ohio State University found that over half the errors which led to wrongful convictions stemmed from eyewitness mistakes.

In this video, attorney Elmira Yousufi explains that in the cases of “cross-racial identifications” (situations where the eyewitness and suspect are of different races), this problem is exacerbated. Consequently, the chance of an erroneous identification is even more pronounced. The reason, Elmira explains, is simple, and it is well-documented in case law and scientific statistics: the frequency of inaccurate identification when the eyewitness and the suspect are of different races increases because people of a different race are less able to accurately identify a suspect than where the suspect and the eyewitness are of the same race.

Elmira notes the importance of bringing this issue to the attention of the court and the prosecutor. She also provides an example of a case where she represented an individual involving an erroneous cross-racial identification. By focusing on that issue, along with other exculpatory evidence, she was able to have the entire case dismissed.

If you are charged in a case involving cross-racial identification, or any criminal matter where you need guidance from a locally experienced criminal defense firm, it is essential to know your rights, and protect your freedom and future. We can help and are one phone call away at 619-295-3555.
3500 Fifth Ave., Suite 304
San Diego, CA 92103
Phone: 619-295-3555
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This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. Our attorneys are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.