Accidents happen. In our day-to-day lives, most of these slipups go unnoticed and no harm is caused. When we are in a vehicle, though, a minor mistake can lead to a serious accident. Oftentimes when a car accident occurs, the police become involved, and they may be eager to place blame on someone. This can lead to drunk driving charges. Those who fail to adequately defend against such allegations could be facing the potential of serious penalties, including hefty fines, jail time, license suspension or revocation and damage to one's reputation.
A Greenbush man is facing this type of situation after being taken into custody for allegedly causing a drunk driving accident. According to police, the 36-year-old man failed to stop at a stop sign and ran his vehicle directly into a ditch shortly after midnight. His passenger was taken to the hospital for treatment of her injuries. Police claim that a field sobriety test was given to the driver, which allegedly was failed, and a breath test reported that he had a blood-alcohol content of 0.153 percent. The driver stated that he simply missed his turn and was unable to correct the vehicle before the accident.
In a case like this there are many things against which to defend. Breath test results like these are troubling, but the defendant may be able to attack the test's validity by analyzing the machine's calibration and maintenance, as well as the way the test was conducted. The defendant may also attempt to poke holes in the field sobriety test's validity.
Regardless of the approach taken in a drunk driving case, the accused individual needs to be aggressive, keeping all of his or her legal options in mind. He or she might be able to negotiate a plea deal, which could lead to reduced penalties. Alternatively, if he or she decides to take the matter to trial, then he or she might be able to raise reasonable doubt as to his guilt. Either way, it might be wise for the accused individual to seek legal assistance so that he or she can put forth the best case possible under the circumstances.
Source: WHBL, "Man Arrested For Drunk Driving Injury," Raymond Neupert, Sept. 1, 2016