At approximately 4 a.m. on a recent Thursday morning, police responded to the scene of a single-vehicle accident. The driver is now facing criminal charges in connection with the crash, including vehicular homicide and DUI. Allegedly, the woman’s blood alcohol level was twice the legal limit of .08 here in Utah.
According to reports, the driver lost control of the vehicle. It then struck a tree and flipped onto its side. Police removed the windshield and pulled out the three occupants. One was a 4-month-old infant who suffered significant injuries. She was taken by helicopter to a children’s hospital in the area.
Sadly, the baby did not survive the injuries she suffered in the crash. Her mother, who was holding her child in the backseat at the time, could face reckless endangerment charges after her release from the hospital. This is based on the fact that there was no car seat in the vehicle and the child was not properly restrained. Reports go on to say that the adults were not wearing their seat belts. It was not reported whether the 29-year-old driver suffered any injuries.
Preliminary testing indicating the driver was intoxicated does not constitute sufficient proof for a DUI or vehicular homicide conviction. Proper testing will be necessary, and even then, it might not be reliable if it is not conducted in accordance with established policies and procedures. Utah prosecutors will still need to provide evidence to the court establishing that she is guilty beyond a reasonable doubt. In the meantime, the driver is fully entitled to the presumption of innocence until and unless the court finds her guilty.
Source: fox13now.com, “Driver booked on homicide, DUI charges after 4-month-old girl killed in Provo crash“, Robert Boyd, Aug. 4, 2016