Burden of Proof in Vehicular Crimes

If you have been accused wrongfully of an automobile accident, you may find yourself in a difficult position of having to “prove a negative”. It is much more difficult to show that something didn’t happen, than to show that something did. For example, a receipt might show that you ate a Big Mac for lunch yesterday. However, that does not prove that you did not eat pizza.

In an automobile accident, you may be asked to prove that something did not happen. For example, a dent in a fender could create an allegation of liability, in which case you would prove that you were not driving. Many people do not know that the automobile equivalent of a “black box”, such as is associated with airplanes, may exist in newer model cars. Ford, for example, has computer log information in most cars produced after 2000 that would show RPMS and speed at time of impact. This would be very useful if you were required to prove in court that you were not moving when someone crashed into you.

If you have criminal charges brought against you for any traffic matter, contact me for an experienced evaluation of your defenses and we will use our team of investigators to determine every available factual defense.

If you are charged with the following crimes: VC 20000-20018, Penal Code 192 (c) PC, VC 23140 please contact Attorney David L. Brown.