Denial is more than a long river in Africa.
Elder faces up to 15 years in prison if convicted. Because investigators did not find previous driving under the influence convictions, he is not facing a life sentence. Elder has a checkered driving history, with more than a dozen traffic citations between 2003 and 2012.
He says we was cut off:
“He said he was cut off by a vehicle and was unable to avoid it, then they collided,” Avila said. “He seemed to be upset, irrational, excited and talkative.”
Then his DUI blood test was unconstitutional:
Prosecutor Meredith Sillman argued that Elder signed a release allowing medics to withdraw blood from his body prior to being jailed, and that the officer acted in conformity with the law. The court agreed with Sillman and admitted the tests as evidence during trial.
Then it was due to the way the road is laid out:
“What if it was a traffic engineering issue? What if others reacted the same way in that area? Since it’s a homicide, perception here is crucial,” he said.
Sillman said “it is just too much” data for her to collect and find exactly what the defense is looking for. The court denied the defense’s motion.
Stuart Elder DUI-Manslaughter Trial Defenses