Cases involving accidents may seem more difficult to defend, but can often be more difficult to prosecute. While it may seem that an accident presents evidence of lack of judgment and coordination, common symptoms of alcohol impairment, there are often problems of lack of traditional OVI investigation. This lack of traditional OVI investigation is often due to the defendant’s physical condition and the need to deal with the exigencies of the accident itself.
A DUI with accident accident can be an emotionally, as well as physically, traumatizing event. A person involved in an DUI accident may exhibit the same types of characteristics as a person under the influence, such as poor coordination, slurred speech, and irritated or bloodshot eyes. The trauma of the accident may prohibit a defendant from even attempting roadside field sobriety tests or being able to answer questions at the scene.
In addition, the identity of the driver can be at issue, particularly in single car accidents where the police do not respond immediately to the scene. There can also be other factors that could have contributed to the accident, such as inclement weather and the fault of other drivers. These can all pose problems for the prosecution.
Cases of drunk driving accidents that do not go to trial are often of two types: 1) cases where the evidence against the defendant is so overwhelming that a plea bargain is in the defendant’s best interest; and 2) cases that are dismissed or a favorable plea bargain is reached due to a lack of sufficient evidence or after crucial evidence has been suppressed.
If you or a family member has been charged with OVI after a traffic accident, contact a OVI defense lawyer in Columbus at (614) 454-5010 for a free initial consultation.