The charge of driving under the influence and causing bodily injury is another “wobbler” in California law. It can be charged either as a misdemeanor or as a felony. Proving the charge is up to the prosecution, and they have three facets to prove in order to have a jury judge guilty. They must first prove that the person was driving under the influence. They must then prove that another law was violated or that the person acted in an otherwise negligent manner. Finally, they must prove that those actions resulted in the bodily injury of another person. The Madera Tribune reports on a DUI accident that has a man facing charges of DUI causing injury.
In the early morning hours of April 11, prominent Madera businessman and farmer Tejpal Singh “Jay” Mahil, 41, was driving westbound on Avenue 12. According to a Highway Patrol report, Mahil struck a Jeep Wrangler from behind while traveling at a high rate of speed.
21-year-old Omar Garcia, who was in the Wrangler, was ejected completely from the vehicle. At the time of the collision, Garcia had not been wearing a seatbelt. The Wrangler continued to move until it came to a stop in a ditch. Garcia was taken to a hospital with major injuries.
The Land Rover that was being driven by Mahil continued for a time until it overturned. Mahil only suffered from minor injuries in the accident.
Mahil was arrested after the collision and is facing charges of DUI and driving under the influence causing injury.