Posted On: December 22, 2008 by Victor A. Orsatti

DUI Charge To Be Added to Charges in El Cajon, California Toddler Fatality Last Summer

For a family on a cross-country trip to visit grandparents last summer, the blissful vacation ended in tragedy after an unlicensed driver hit and killed 3-year-old Zachary Foster of El Cajon, California. Now, police report the driver was also driving under the influence of cocaine.

Kenneth D. Edwards, 41, was arrested shortly after the August 9, 2008 wreck in Fruitland Park, Florida and jailed on felony charges of vehicular manslaughter for leaving the scene of a crash involving a death and driving without a license.

The toxicology analysis concluded that traces of cocaine in Edwards’ blood at the time of the crash. Edwards plowed through a lawn and hit Zachary Foster while he played with toy cars in his grandparents’ corner lot front yard. Zachary’s parents, Amy and Charles Foster could only watch in horrified agony as Edwards struck Zachary with a borrowed car, got out of the car to look at the boy, and then quickly drove away. Edwards was arrested at a friend’s house about a mile away.

A habitual felony offender, Edwards was released from prison in October 2007 after a five-year stint for dealing cocaine.

Although the presence of cocaine in Edwards' blood does not actually prove he was under the influence of the drug, it could assist prosecutors as they pursue a DUI manslaughter charge, which carries tougher penalties than vehicular homicide.

Driving Under the Influence in San Diego County

Driving while under the influence of any substance can impair your ability to drive safely. In this case, the driver barreled across a front lawn and struck and killed a child at play. Vehicular manslaughter charges and DUI manslaughter charges carry much heavier sentences than a typical DUI. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Kenneth D. Edwards Could Face DUI Charge in Crash that Killed Toddler, OrlandoSentinel.com, November 20, 2008

Suspect May Face DUI Manslaughter, DailyPress.com, November 20, 2008

Related Web Resources

California DMV guidelines about driving while under the influence

California DMV: DUI procedures

If you have been arrested and charged with DUI in San Diego county, then trust your case to an experienced San Diego criminal defense attorney. Attorney Victor A. Orsatti will explain your legal options during a free consultation.

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