Driving a motor vehicle in Virginia can present some issues. These usually come in the form of an automobile accident, but they could also involve more serious problems. In some cases, officers might suspect that alcohol was a factor and will ask a driver to submit to various tests such as a field sobriety test or blood alcohol test. Depending on the results of these tests, a driver could face a DUI. Although the authorities may use these tests to charge the driver, these same tests could also be used by the accused in their defense against the drunk driving charge.
An alleged drunk driving accident recently occurred in Virginia Beach when a vehicle, which was traveling eastbound on Interstate 64 just east of the Interstate 264 interchange, was struck after it pulled off of the road. The occupant of the car encountered mechanical problems with his vehicle. He pulled the vehicle off the road and onto the shoulder, and while he was waiting for assistance, another vehicle drove off of the road and struck the disabled car.
The driver of the struck vehicle suffered life-threatening injures and was transported to the hospital where he later died. The driver of the vehicle that collided with the stopped car suffered minor injuries. He was later charged with driving under the influence. According to reports, this is supposedly the driver’s second offense.
It is not clear whether or not any tests were performed at the scene of the accident or after the arrest. Moreover, the results of any tests or any evidence that led to the suspicion of drunk driving were not reported at this time. In general, depending on the evidence used to charge the accused, the accused could use that information in their defense. If an officer failed to properly conduct a test, the defendant could use that information to make the evidence inadmissible. This could ultimately reduce or drop the charge against them.
Understanding the evidence used against them and the full extent of the charges they face could significantly help the defendant with their defense strategy. Knowing their rights in the situation will help them devise a defense that will keep their best interests in mind.
Source: WVEC, “21 year-old man killed when his car is struck by alleged drunk driver on I-64,” July 12, 2014