In California, in order to obtain a conviction of DUI causing injury, a prosecutor must prove three elements of the crime. They must prove that a person was violating California’s DUI laws; in addition, they must prove that while violating the DUI laws, the person broke another traffic law or acted in an otherwise negligent manner. Finally, the prosecutor must prove that the unlawful act caused injury to another person. DUI causing injury may be charged as either a felony or a misdemeanor. Generally, the more serious the injuries, the greater the likelihood of being charged with a felony.
ABC 30 reports on a suspected drunk driver who crashed into a man and severed his legs.
The incident happened in Porterville last Monday. Surveillance video was able to capture the exact moment a suspected intoxicated driver blew through a stop sign and barreled down a dirt road.
The video didn’t happen to capture the moment when that BMW plowed into a parked truck. 34-year-old Geronimo Gonzales was standing next to that truck. The accident severed the man’s legs, sending him flying into the air.
Annette Riaubia, Gonzales’ landlord, said that she witnessed the BMW fly down her driveway, she then heard the crash and saw smoke. Riaubia was the first to notice that one of Gonzales’ legs had been severed. Then, she found part of his other leg in the bushes.
The driver of the BMW, who was identified as 22-year-old Mohamed Mohamed, fled the scene. Police were able to track him down at a nearby home. He walked away with only minor injuries. Mohamed is already facing a DUI charge in Kern County stemming from an incident last month.
Gonzales was in critical condition.