When an accident occurs when an allegedly impaired person is driving, this can result in very serious charges – especially if the accident causes an injury or a death. Typically, in a DWI accident case, a prosecutor shows a defendant was impaired and shows the defendant caused a crash to occur by driving while drunk and striking another car or another motorist. One recent case, however, involved a prosecutor trying to hold a defendant accountable for a collision which occurred even when the allegedly impaired defendant was no longer actively operating his vehicle.
The defendant ended up being convicted in the case, and Pix 11 indicates he was found guilty of 10 different offenses including manslaughter. The case was the first of its kind in which a DWI defendant was charged with manslaughter for a death he reportedly indirectly caused, even though he wasn’t actually driving and didn’t actually hit the person who was killed. It raises very important questions for when exactly an impaired driver can be charged with a crash and for how far a motorist’s potential risk of liability could extend. It underscores the importance of having a strong defense, especially as prosecutors try to expand the scope of responsibility of people who allegedly drive while intoxicated.
Holding a Defendant Responsible for a Death When he Wasn’t Driving
The case involved a motorist who reportedly had a blood alcohol concentration (BAC) of between .13 and .14. The impaired driver left a night club and was on the expressway. He allegedly hit a BMW, disabling the steering on the BMW, and then left the scene of this incident and continued driving. He subsequently stopped his car short before an exit, prompting an off-duty police officer to hit the back of the car which caused the off duty officer to experience several fractures. The car with the allegedly impaired driver subsequently came to a rest in the HOV lane.
Mazzoni Karam Petorak & Valvano Suite 201, Bank Towers 321 Spruce Street Scranton, PA 18503 Toll Free: (866) 434-5779
