Daytona Beach Men Injured In DUI Crash Day Of Super Bowl
Two Daytona Beach men were seriously injured at a red light when a drunk driver rear-ended their car and sent them into oncoming traffic. The men were looking for a place to watch the game when the accident occurred. A driver was arrested at the scene and taken into custody where it was determined his BAC was more than twice the legal limit. It appears the driver was simply driving in a straight line without realizing there were other cars on the road.
Both men were injured in the crash and one has remaining neurological symptoms although both are expected to recover. The man had also had previous brain surgery and his doctors are concerned that the accident may have set him back.
Police say the driver was arrested after attempting to flee the scene. He will face charges of fleeing the scene of an accident with severe bodily injury, DUI, and DUI with serious bodily injury.
Analyzing the charges
In some cases, criminal defense attorneys can’t defend the client from the crime. The evidence is simply too strong. In those cases, our job is to defend the client from the sentence. There are a lot of different ways to do that. But the most popular is to say that our client is a good person who is valuable to their community and they simply made a mistake. The law sympathizes with this. Good people do make mistakes and although they should be punished, their lives needn’t be destroyed either. There should be a path back to good grace, in other words.
It becomes much more difficult to claim that your client is a good person when they attempt to evade responsibility for an accident they caused. That shows the court that you’re more concerned with evading responsibility than ensuring that no one is hurt. An attorney representing this defendant would have a difficult time arguing that they were a good person.
Instead, they would argue that they are a sick person who is battling alcohol and/or drug addiction and is in dire need of medical intervention. They can do this by establishing a personal history and argue that to the court. In other words, the attorney would have to say that this is generally a good person who did something very selfish because of his current mental health problems.
Nonetheless, at this point, the defendant’s options are limited. They can’t defend themselves from the crime, so they must present a case that gives the court good reason to be lenient. Chances are good this defendant will be charged with both DUI causing serious bodily injury and leaving the scene of an accident with injury. While he may not face prison time for a first offense, that isn’t out of the question, either. Chances are good that this defendant may face a long period of substance abuse probation in lieu of a prison sentence.
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