When a person is arrested for driving while intoxicated in Upstate New York, there are substantial penalties and other consequences. If it is a simple case of a driver who was under the influence, was stopped by law enforcement and placed under arrest with no accident and no injuries, it is not as severe an issue as it is when there is a crash with injuries and fatalities. These incidents can be compounded by other factors such as having children in the vehicle at the time. For those who have been arrested on charges of intoxicated manslaughter, felony drunk driving and other allegations, having a law firm that is skilled with defending clients against these charges is crucial.
A three-vehicle accident led to the death of one man and the arrest of two others. The accident happened in the early afternoon at about 1 p.m. According to the investigation, a 23-year-old driver was heading east when he hit another vehicle. That vehicle was sent over the median and into the opposite lanes. It was then hit by a vehicle being driven by a 41-year-old man. The driver who was hit on both sides died.
During the investigation, law enforcement found that both drivers of the other vehicles were under the influence. The 41-year-old had children, ages 10 and seven, in the vehicle with him. The 23-year-old driver was arrested on multiple charges including DWI after using drugs, vehicular manslaughter and other charges. The 41-year-old was arrested for vehicular manslaughter, violating Leandra’s Law against DWI with children in the vehicle, and more.
It is a terrible thing when a person dies in a car accident. Law enforcement will investigate to see if any of the other drivers involved were under the influence. If they believe that to be the case, then arrests will be made. However, just as the protocol of the investigation and the gathering of evidence is key when there is a DWI without anyone injured, it is even more important when there is a crash. Law enforcement must follow the law when it comes to testing procedures and other factors as the case moves forward. Mistakes can be a foundation for a defense.
Perhaps there is a logical explanation why the person might have appeared under the influence. The amount of alcohol in the system might not have surpassed the legal limit. Or it could be possible to have a negotiation and get reduced charges. For people who have been arrested for DWI after a fatal accident, they must contact an experienced lawyer for immediate assistance.