Court Indicts Man in Deadly Las Vegas DUI Case

The Nevada Supreme Court has overturned the decision of Clark County District Judge Kenneth C. Cory to dismiss a felony drunk driving charge against a Las Vegas man who was involved in a fatal auto accident.

Fatal Car Collision Led to Criminal Charges

On April 30, 2006, Daniel Burcham was traveling at about 65mph, well over the legal speed limit, when he rammed his truck into the rear of the vehicle Dylan Whisman was driving.

At the moment of the collision, Whisman had stopped at a traffic light.  The force of the impact sent Whisman’s car flying off the road and into a ditch, bursting into flames and killing him.

Blood-Alcohol-Level not Tested until an Hour after Accident

Approximately 1-hour after the accident, police found Burcham’s blood-alcohol level to be below the legal limit:

• An hour after the accident his blood alcohol level was 0.07
• Nevada law considers a driver legally drunk at a blood alcohol level of 0.08

Burcham confessed to consuming a single beer 11 hours prior to the accident.  This despite a highway patrolman’s testimony that at the time of the accident:

• Burcham’s eyes were bloodshot and watery
• Burcham’s breath smelled of alcohol

Case Originally Dismissed at County Level

The original charges against Burcham were dismissed by Clark County District Judge Kenneth C. Cory based on the argument that the state:

• Failed to establish probable cause that he was legally intoxicated when the car collision occurred
• Was required to but did not present expert testimony to the grand jury in order to prove the theory that his blood alcohol content had reached 0.08 at the time of the accident.

Grand Jury Indicts Burcham on Original Charges

Justice Mark Gibbons overturned the county court’s dismissal stating that the blood alcohol tests showed the blood alcohol level was dropping and that it could have therefore been 0.08 when he was driving.

Based on this reasoning a grand jury has indicted Burcham on felony drunk driving charges. The case has been turned over to the district court in Las Vegas.

(Source: Las Vegas Sun)

Las Vegas Auto Accidents

Because of statutes of limitations in Nevada, anyone involved in an auto accident is encouraged to immediately contact an auto accident lawyer.  From the time the Las Vegas auto accident has occurred, a victim has two years to file a lawsuit. Failure to do so can result in lost compensation that is otherwise entitled to the victim or the victim’s family.

Have you been injured in a Las Vegas Car Accident?

If you have suffered injuries in a Las Vegas Car Wreck, you may be eligible to file a personal injury lawsuit against the liable party. Contact us today to speak with an experienced Las Vegas personal injury attorney who will evaluate your case and fight to recover compensation for your losses.