Ashley Marie Munoz is in some serious trouble. She was arrested last week on a charge of DUI Manslaughter more than a year after police say she was involved in a deadly accident.
DUI Manslaughter is a particularly complicated charge to defend. The state has to prove you were driving, you were under the influence, and you contributed to the death of another person. If they can prove these things, you face up to 15 years in prison. To make matters worse, you also face a minimum prison sentence as well.
If I were representing Ms. Munoz, there are a number of things I would focus on. First, I want to learn as much as I can about how the police went about drawing her blood. If they did not follow proper procedure, there may be a motion to file to exclude the results of that blood test from trial. Such a motion could have a devastating effect on the state’s case. Second, I want to see Ms. Munoz’s medical records, if she was also injured in the accident. The state can try to subpoena those records and I want to see what is in them as soon as possible so I can prepare. Third, I want to investigate Ms. Munoz’s story. Where was she before the accident? Who was she with? What do they remember about how she was acting that night? These people could be key witnesses in our defense. Fourth, I want to know as much about Ms. Munoz as I can. Often these cases result in plea agreements rather than trial. Other times, trial can result in conviction. In both cases, her background can help to mitigate the punishment she receives.
Ms. Munoz needs an experienced criminal defense lawyer. Hopefully, she finds one who will zealously advocate for her.