Ventura DUI Death Raises Competency Question
Ventura DUI Death Raises Competency Question
A woman who has been charged in the DUI death of a Westlake teenager in 2003 is asking the state Court of Appeals whether her dementia precludes her from standing trial in the case. Diana Shakhov, 37, suffers from an incurable form of dementia and was involved in a rear-end accident on Thousand Oaks Boulevard that resulted in the death of Nicole Johnson in May 2003.
Shakhove, who was under the influence of a muscle relaxant at the time of the accident, was tried in the matter, but a jury deadlocked 9-3 on her culpability. Shakhov agreed to plead guilty in January to charges of vehicular manslaughter but balked when the prosecutor said he would ask to have Shakhov sentenced to jail, rather than probation. The core question for the Appeals Court will be whether a person with an incurable mental state like dementia can be tried for a crime.
If you've been arrested for vehicular manslaughter or in an accident that resulted in a DUI death, you need the assistance of Ventura criminal defense attorney Robert Michael Helfend. Mr. Helfend has practiced DUI defense for more than 25 years in Ventura County and can assemble the medical and legal expertise you need to defend yourself in court. Questions of competence are central to determining whether or not you can be prosecuted.
If your case raises an issue of legal competence, you need an aggressive Ventura defense attorney to plead your case. Don't wait. Contact Robert Helfend today for a free consultation on your case.
Photo Credit: Olivander, via Flickr