When there are allegations of a New York driver being under the influence of alcohol or drugs, there can be charges levied that can result in significant penalties and long-term consequences. If those allegations are accompanied by an accident in which there is an injury or fatality, the driver will face multiple offenses. This can be made worse if the driver makes the mistake of committing other crimes, such as fleeing the scene. With any DWI, it is important to have legal help.
For example, recently, a 24-year-old woman was placed under arrest after she allegedly hit a pedestrian in a parking lot, while driving drunk and fled the scene. The woman was rushed to the hospital where she died. The driver was later found and arrested.
She now faces numerous charges related to the incident, including vehicular manslaughter, leaving the scene of a fatal accident, driving while intoxicated, reckless driving and unsafe backing. The first two charges are felonies. The investigation is ongoing.
Being charged with drunk driving is bad enough, but if there are issues that occur along with the DWI, the charges can rise to the level of a felony. Being charged with felony drunk driving significantly raises the stakes of the case. Being charged with felony DWI and a hit-and-run can lead to massive fines, loss of driving privileges and jail. While it is terrible to be involved in a crash in which a person died, there is still a need to construct a strong defense.
It is possible that the testing procedures to determine if the driver was under the influence were flawed. There could be a reasonable explanation as to why the person appeared drunk but might not have been. If the charges can be reduced, it can be beneficial. There is even the chance of an acquittal.
In a case such as this where a person died after being hit by a car and the driver was alleged to have been drunk and fled the scene, it looks bad at the outset. It is still important to speak an attorney to begin planning for a defense against the charges. No matter how negative a situation seems, it is essential to have legal help to craft a defense. This should be done immediately to do whatever possible to avoid a felony conviction and the accompanying penalties.
Source: Mid Hudson Valley Patch, “Parking-Lot Hit-And-Run Kills Pedestrian in Philmont,” Lanning Taliaferro, Sept. 26, 2017