Facing a traffic ticket for reckless driving or speeding can be unsettling. In North Carolina, a particular DUI case captured the attention of national media. It involved a drunk plastic surgeon driving his Mercedes 90 mph in a 45 mph zone and slamming into a car driven by a member of the Carolina Ballet. The accident killed the young woman and the doctor went to jail.
The drunk driver faced charges of death by motor vehicle, reckless and careless driving, DWI, and failure to reduce speed. The courts had to set aside their emotions in this case and concentrate on the facts of the case. The doctor’s defense prevailed in the end.
In another case, a 16-year-old drunk driver faced several charges including felony by death by a motor vehicle, driving while impaired, and more for causing an accident that killed his 17-year-old passenger.
Those are just two cases that have changed the lives of those involved forever. DUI charges are serious and can have far-reaching effects on you and others. It is always best to have a designated driver or wait until you are sober before getting behind the wheel. If you do drink and drive and cause an accident or are arrested for a DUI/DWI, you will need a strong defense.
Law enforcement receives extensive training in detection and arrest of drivers who operate their vehicles while under the influence of drugs or alcohol. The field sobriety tests they use are not always reliable – the driver may be too nervous or unable to perform the tasks required due to an injury or disability. Officers are required to handle blood and urine specimens used as evidence according to protocol. Considering that most DUI incidents occur at night, the conditions at the side of the road in the dark are uncontrolled and the testing is subject to error. An attorney can evaluate the facts of the case, evidence, arrest reports, statements and more. Perhaps the officer failed to give the driver the Miranda warning.
A first time arrest for a DUI may result in a minimum sentence, reduced charges of probation and fines, or ideally complete case dismissal. Repeat offenses within a specified number of years can bring a harsher sentence of jail time, fines, license suspension, and more. The more serious cases involve accidents with major property damage, injuries or deaths, or a hit-and-run. The charges can range from a misdemeanor to a felony, depending on many factors.
