Adenhart DUI Manslaughter Trial

Opening statements began today in the trial of 23-year-old Andrew Gallo.  Gallo was allegedly driving while under the influence of alcohol (DUI) on April 9th, 2009 when he crashed into the car of rookie Angels' pitcher Nick Adenhart in the city of Anaheim.  Adenhart, who was at the very beginning of what looked to be a promising professional baseball career, had pitched six scoreless innings in his debut for the Angels just hours before the crash.  Three people in the car with Adenhart, including Adenhart died in the crash, while a fourth was injured.  Also injured in the crash was Gallo's stepbrother who was a passenger in the minivan Gallo was driving.  According to police reports of the accident, Gallo's blood alcohol limit was nearly three times the legal limit of .08%.  Gallo is being charged with three counts of second-degree murder and one count of felony hit and run.  Gallo's prior arrests and convictions include a conviction for driving under the influence of alcohol in San Bernardino County in 2006 as well as a conviction for the possession of marijuana in 2007.  At the time of the accident, Gallo's license had been suspended due to the prior DUI conviction.  Gallo reportedly ran from the scene of the crash but was caught a short time later by law enforcement officials.  Gallo has pleaded not guilty to all counts.

Driving while under the influence of either drugs or alcohol is extremely dangerous to both yourself and the people around you, and with a prior DUI conviction, Gallo should have known that.  In DUI incidents that involve a loss of life, DUI Manslaughter is typically the charge brought against most defendants.  In Gallo's case, however, prosecutors claim that because of Gallo's prior experience with DUI law, he knew that DUI was dangerous to human life and completely disregarded the danger.  Because of this, prosecutors have brought against him with the more serious charge of second-degree murder.  If convicted, Gallo could be facing 15 years to life in prison. 

Being involved in a DUI incident, whether there was a loss of life or not, can be extremely difficult for most people, and hiring an experienced DUI defense attorney should be your first priority.  Consequences for driving while drunk can include probation, the suspension of driving privileges, mandatory alcohol education or counseling classes, hefty fines and even potential jail time.  Punishments for a DUI conviction do not always adhere to strict guidelines as the amount of damage done in each case is different.  For a first-time DUI offender with no history of DUI or other criminal arrests, the punishment for a conviction may simply be probation and fines.  Any number of factors, including how far over the legal limit your blood alcohol level was or the age of the other passengers in your car can garner a more severe punishment.  If you have been charged with DUI, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our DUI defense attorneys have decades of experience in successfully defending against DUI charges.