Romeo Dumlao, 34, has been charged in connection with a DUI collision that occurred in San Diego four months ago killing 9-year-old Ashley Heffington. According to a news report in The San Diego Union-Tribune, the arrest was made this week and Dumlao was charged with gross vehicular manslaughter and DUI, both felonies. The fatal car accident occurred the morning of December 31, 2009 near the intersection of Sports Arena and West Point Loma boulevards. Ashley was a rear-seat passenger in a vehicle stopped at a light when Dumlao struck the vehicle from behind. Ashley was in critical condition for 12 days before she died from her injuries.
Officials say Dumlao is accused of inhaling vapors from a computer dust removal aerosol can in order to get high. This is also known as "huffing." This is the first time prosecutors in San Diego are pursuing a "huffing" DUI charge. The arrest was delayed by months because toxicology tests take time. Although preliminary tests showed the presence of vapors in Dumlao's system, the tests had to be sent to a lab in Pennsylvania in order to determine the levels. Authorities also found several cans with compressed air in Dumlao's home and in his vehicle.
DUI Collisions in San Diego
My heart goes out to the family of Ashley Heffington who has no doubt suffered an irreparable loss, apparently because of one person's reckless actions. This grieving family will be in my thoughts and prayers.
According to CHP's 2008 traffic accident statistics, there were 34 fatalities and 904 injuries involving DUI collisions in San Diego, California. Countywide, 104 people died and 2,033 were injured as a result of alcohol or drug-related car accidents during the same year.
Protecting their Rights
If Dumlao is found guilty, I hope he receives the maximum punishment. I'm also pleased that prosecutors in San Diego are pursuing this unusual case. California law deems it illegal to drive under the influence of any intoxicant, be it alcohol, recreational drugs or prescription drugs. If "huffing" a chemical gets a driver high and impaired, he has no business getting behind the wheel of a vehicle!
I hope Ashley's family has retained the services of an experienced San Diego personal injury lawyer, who will help them through the legal process and make sure that their rights and best interests are protected. DUI offenders should be held both criminally and civilly liable for their actions.
Do you believe the DA made the right decision in prosecuting this individual for huffing and driving?
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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