Virginia authorities say that a 56-year-old man was under the influence of alcohol when his vehicle collided with a pedestrian. The 51-year-old victim was walking on North Franklin Street when he was struck by the man’s vehicle. An officer who arrived at the scene noted that the driver smelled of alcohol, and the driver admitted to police that he had recently consumed a glass of wine.
He was taken into custody and charged with a DUI after sobriety tests further confirmed the officer’s suspicions that the man was impaired. Authorities said that the case was still under investigation. The pedestrian was originally taken to LewisGale Hospital Montgomery before eventually being transferred to another facility for treatment. Although the victim was originally listed in serious condition, those treating him say that his condition was improving.
Drivers who are charged with driving under the influence of alcohol may face penalties such as fines, jail time or license suspension. A misdemeanor charge could be upgraded to a felony if the alleged offender has been convicted of drunk or impaired driving in the past. However, a legal representative may be able to take steps to help a defendant obtain a favorable outcome in their case.
For example, an attorney could have evidence suppressed or cast doubt upon any evidence presented at trial. For instance, an attorney may assert that a blood or urine test was conducted improperly or conducted without a warrant or the driver’s permission. This may be enough to have a case thrown out or to obtain an acquittal. It might also create enough leverage to negotiate a plea deal that lowers the penalties.