In Los Angeles and throughout the country, police reports and stories in the media often take a similar perspective with regard criminal charges. But sometimes a report or a story fails to offer precisely the information a prosecutor would need to make a strong case against a defendant. Likewise, a solid criminal defense must use any lack of evidence to show that an accused person is not guilty of the crimes with which he or she is charged. With these issues in mind, readers in Los Angeles will be interested in a recent DUI case involving two elderly people from Azusa.

Police have charged a 74-year-old Azusa man with DUI after his vehicle apparently struck a 76-year-old Azusa woman as she was crossing a street. The woman was flown to a Los Angeles County hospital, where she was later pronounced dead.

At the time of a local news report, police had not determined the speed of the elderly man's vehicle at the time of the accident. It was also not disclosed whether any field sobriety tests were administered to the 74-year-old driver. However, police arrested the man on suspicion of gross vehicular manslaughter while intoxicated and driving under the influence causing injury.

Breathalyzer tests aren't always reliable, but if a breath test is administered, then the police may have a stronger case against a defendant. However, when an elderly person is involved in an accident, it is not unfeasible that the person's physical appearance may resemble that of person who is intoxicated. Moreover, after a serious accident, an elderly person (or anyone, for that matter) could appear distraught or frazzled to the point of appearing intoxicated when in fact that is not the case.

Source: sgvtribune.com, "Woman fatally struck by car in Azusa; driver accused of DUI," Brian Day, Jan. 27, 2012