A driver in Phoenix has succumbed to his injuries after allegedly being struck from behind by another automobile. Police claim that the 47-year-old man was driving a sport utility vehicle when a 33-year-old woman in another sport utility vehicle rear-ended him. The incident occurred at approximately 1:30 a.m., and police have accused the female driver of DUI and manslaughter.
Police investigators believe that the woman who rear-ended the victim was speeding at the time of the accident. They also suspect that she was inebriated and had a blood alcohol level of over three times the state limit while she was operating her vehicle. After she was released from the hospital, she was arrested and taken to jail on charges of vehicular manslaughter and DUI.
Authorities say that after the initial impact, the struck vehicle went out of control, left the roadway and collided with a tree and a block wall. Eastbound lanes of the street where the accident took place were temporarily closed while authorities tried to determine all the elements of the crash. The evidence gathered during these investigations will weigh heavily in the woman's criminal proceedings. Indeed, the evidence police have collected will likely dictate any legal defense strategies she chooses.
When a fatal accident occurs, and police investigations end in an individual being charged with DUI and/or vehicular manslaughter, the consequences can be severe if the defendant is convicted of the crimes. Still, even if breath alcohol tests and blood sample tests appear to show the presence of chemical compounds and/or alcohol that suggests the driver was inebriated, these test results may not always be accurate. Indeed, Arizona courts are aware that sometimes test results can fail to show the truth and in some cases, they will be thrown out and inadmissible as evidence in court.
Ultimately, during any criminal defense proceedings, it will be the goal of the defendant and his or her attorney to accurately and convincingly present his or her version of the facts and/or try to achieve the best possible outcome in the criminal proceedings. While no results can be guaranteed in a DUI defense matter, a positive outcome could mean a reduction in sentencing if the defendant is found guilty of the crime, getting one's charges dropped completely or another positive result as well.
Source: kpho.com, "PD: Man dies after drunk driver plows into his truck" Eric Zott, Jun. 08, 2014