How did Ashley Stumpf's Pa DUI lawyer convince the authorities to drop her DUI charges?
Ashley Stumpf, 21, was facing charges relating to a car accident in September of 2008, where two of her passengers, James Henderson, 28, and David Roble, 21, were killed. As a result, she was charged with vehicular homicide while driving under the influence. Ashley Stumpf had allegedly admitted to using heroin shortly before the accident.
So, what's her Pa DUI attorney's secret? What was the "smoking gun" in this case?
First of all, I believe that there is some need for greater explanation. Ashley Stumpf still must stand trial for homicide, but her trial just won't include her DUI charges. And while the complexity of that issue evades this blog post for today, we'll draw our focus more on what her Pa DUI lawyer did-- which was essentially have a major charge dropped.
If you've been following this blog, you'll remember the case of Thomas Senavitis. Senavitis stood trial for a DUI crash which allegedly caused the death of Senator James Rhoades.
Or did it?
You see, causation might be the "smoking gun" in a DUI case. Perhaps not in every case, but certainly in some cases.
In Ashley Stumpf's case, her Pa DUI attorney made one strong argument in her favor-- the causation argument. Sure, her Pa DUI lawyer said that Ashley Stumpf had taken heroin earlier that day. But was that the real cause behind the deaths?
For starters, her DUI lawyer argued that Ashley Stumpf had taken pain killers; which may have distorted the outcome of the urine test results. Secondly, her DUI lawyer claims that there were "other factors," such as the failure of one of the passengers to wear a seatbelt.
The "direct correlation" between the heroin use and the deaths was not present, argued her lawyer.
And fortunately for Ashley Stumpf, the judge heard her Pa DUI lawyer loud and clear.
Rebecca Stumpf faces trial, but thanks to her crafty Pennsylvania DUI lawyer, her fate may be significantly better.
Related Resources
- From DUI Homicide to Reckless Endangerment: The Senavitis Story (FindLaw's Philadelphia DUI Law Blog)
- PA DUI Law (FindLaw)
- Browse PA DUI Attorneys (FindLaw)
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