Sadly, fatal accidents happen on Utah’s roadways far too often. Some of them result in the filing of criminal charges. This is especially true if police suspect an individual of DUI at the time of the crash.
Police were recently called to the scene of a crash involving a passenger vehicle and a motorcycle. Preliminary reports indicate that the passenger car moved into the northbound center lane and then initiated a left turn directly in the path of a southbound motorcycle that was already moving at a high rate of speed. The 43-year-old man riding the motorcycle died from the injuries he suffered in the impact.
Officers report that the passenger vehicle smelled like alcohol. Supposedly, the woman who was driving the car admitted to police that she had consumed alcohol prior to getting behind the wheel. Police took her into custody and transported her to the jail where a breath test was performed. The legal limit here in Utah is .08, and the woman’s breath test results indicated a blood alcohol content (BAC) of .097.
She faces charges of DUI with serious bodily injury and automobile homicide negligence by DUI. Therefore, the question of whether she was actually intoxicated at the time could be of primary focus to her criminal defense counsel. Her attorney will more than likely review the procedures used by officers and jail personnel that led them to believe she was intoxicated, along with any other evidence gathered at the scene or since she was taken into custody. Just because accusations are made and charges are filed does not necessarily mean that an individual is guilty of DUI. Utah prosecutors will have to prove guilt beyond a reasonable doubt in a court of law first.
Source: fox13now.com, “Woman faces DUI, homicide charges after fatal crash on Highland Drive“, Mark Green, Aug. 5, 2016