On a recent night at the end of September, a BMX racer from Utah was out for a bicycle ride. At some point, he was struck from behind by a car and died. The driver of that car was taken into custody on suspicion of DUI.
Reports indicate that the bicycle rider initially survived the crash and was taken to a hospital in the area. He suffered trauma to his back, neck and head. Despite the efforts of medical personnel, he recently died.
Utah officials say that the driver accused of striking the bicycle rider had a blood alcohol level over three times the state’s legal limit. It is not yet known whether the driver will face charges in connection with the rider’s death in addition to a possible charge for driving under the influence. If so, he could be facing serious penalties if he is convicted.
First, however, prosecutors must prove to the court beyond a reasonable doubt that the man was intoxicated on the night in question. This will require the results of the blood alcohol test to be validated, along with any other testing that may have occurred such as field sobriety tests. Mistakes can occur, and no one should be convicted of a DUI if testing procedures were not followed or if a sample was somehow tainted. The man’s criminal defense team will be afforded the right to review all of the evidence prosecutors intend to present to the court and to refute the charges in court.
Source: chron.com, “Cyclist dies after being hit by alleged DUI driver”, , Oct. 2, 2014