A San Diego woman is facing murder and DUI charges in connection with a San Diego car accident in April that killed 95-year-old Benjamin Friedman. According to a news report in the San Diego Union-Tribune, 47-year-old Melanie Rebecca Flores was arrested the evening of June 29, 2010. Prosecutors say Flores was driving under the influence on April 21 when she struck two vehicles on the Silver Strand, near Coronado Cays Boulevard. Friedman was a passenger in one of the vehicles and died from his injuries.

I offer my deepest sympathies to Friedman's family for their terrible loss. They will be in my thoughts and prayers.

DUI Statistics

There were no fatalities, but eight injuries involving DUI collisions in Coronado in 2008, according to California Highway Patrol's Statewide Integrated Traffic Records System (SWITRS). In San Diego County as a whole, 104 people died and 2,033 were injured as a result of alcohol-related crashes during the same year.

Drunk Driving Laws

Driving under the influence is a serious crime under California law. According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."
In cases where the act of drunk driving causes death to someone other than the suspected drunk driver, vehicular manslaughter charges are likely. California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Liability Issues

If the suspect has prior DUI convictions, prosecutors are likely to file murder charges. In this case, officials are pressing Flores with murder charges.
In cases where negligence or wrongdoing is involved, families of deceased car accident victims can file a wrongful death claim seeking compensation to cover medical or funeral expenses, loss of future earnings, loss of love and companionship, and other related damages. Families would be well-advised to contact an experienced San Diego personal injury lawyer, who will stay abreast of the official investigation and ensure that their legal rights and best interests are protected. For more information about the dangers of drunk driving, please visit www.madd.org

What can legislators do to make sure that repeat DUI offenders don't drive?

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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