The decisions a driver makes could control the outcomes of their travel. If a driver fails to comply with the rules of the road and uphold the standard duty of care while driving, they could be cited with a traffic citation or even cause a crash. In the event of a serious automobile collision, authorities seek to understand the cause and fault. If they suspect that the driver was under the influence, the driver could be placed under arrest and charged with an OWI offense. This could mean serious penalties for the suspect drunk driver.
The New York State Police recently responded to what they are calling a fatal drunk driving accident involving a motorcycle. According to police, the motorcyclist was under the influence while traveling with a passenger on Interstate 590.
Supposedly, the driver was traveling on the bike at a high rate of speed and was weaving through traffic when the accident occurred. The passenger was thrown from the bike and the driver was injured. Authorities reported that the passenger did not survive the crash.
After preliminary investigation, the motorcyclist was arrested and charged with DWI and manslaughter. These charges could result in hefty fines and serious penalties including jail time. The accused might be able to use the details of their arrest to help them with their defense strategy.
If an officer did not fully comply with the standards of arrest or failed to conduct a proper search and seizure, that evidence could be used to reduce or dismiss the charges against them. Furthermore, if a blood alcohol test was conducted, those results and how they were obtained should be further analyzed. This could also result in inadmissible evidence and dismissed charges.
Defendants facing serious charges stemming from a suspected drunk driving accident should understand that they are entitled to a defense. Taking the steps to understand the charges against them and the potential outcomes could help greatly with their defense strategy.
Source: The Republic, “State police: Manslaughter, DWI charges for driver in fatal Rochester motorcycle crash,” July 21, 2014
Subscribe To This Blog's Feed