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Tipping The Scales Of
Justice In Your Favor

New York man accused of drunk driving after fatal accident

| Jun 27, 2014 | Drunk Driving |

Car accidents can be devastating when someone dies, and when this happens some people in New York may be eager to point the finger at the individual they think is responsible for the crash, even before a trial commences. Unfortunately, this may be the case for one man who has been accused of drunk driving in a fatal accident in Smithtown, New York.

The 54-year-old man was reportedly heading northbound when his vehicle collided with a second vehicle traveling westbound. The 45-year-old driver of the westbound vehicle was transported to an area hospital where she was pronounced dead. The man has since been charged with driving while intoxicated.

While the specifics regarding this man’s arrest have not been disclosed, in general a drunk driving arrest can be contested in court. If the accused puts up a strong defense, the prosecution may be unable to prove the their case beyond a reasonable doubt. For example, police will often perform a field sobriety test when they believe a driver is under the influence of drugs or alcohol. However, these tests are subjective and may not always be reliable. In addition, evidence of a breath test can be challenged since breath test devices must be calibrated properly in order to give an accurate reading. When evidence such as this is suppressed, it could help a person accused of drunk driving avoid being convicted.

While drunk driving is a serious offense, no one should be wrongfully convicted of it. By challenging the results of evidence allegedly proving the individual was driving while intoxicated, a person may be able to avoid the fines, jail time, criminal record and other negative consequences that follow a drunk driving conviction.

Source: CBS New York, “Long Island Man Arrested On Drunk Driving Charge In Fatal Smithtown Crash,” June 14, 2014

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