Paul Horton: DUI Death of Bicycle Rider

On a recent night at the end of September, a BMX racer from Utah was out for a bicycle ride. At some point, he was struck from behind by a car and died. The driver of that car was taken into custody on suspicion of DUI.

Reports indicate that the bicycle rider initially survived the crash and was taken to a hospital in the area. He suffered trauma to his back, neck and head. Despite the efforts of medical personnel, he recently died.

Police suspect DUI in death of bicycle rider in Utah

Utah officials say that the driver accused of striking the bicycle rider had a blood alcohol level over three times the state’s legal limit. If this is true, the best thing for the driver to do is to get a DUI Lawyer to help. It is not yet known whether the driver will face charges in connection with the rider’s death in addition to a possible charge for driving under the influence. If so, he could be facing serious penalties if he is convicted.

First, however, prosecutors must prove to the court beyond a reasonable doubt that the man was intoxicated on the night in question. This will require the results of the blood alcohol test to be validated, along with any other testing that may have occurred such as field sobriety tests. Mistakes can occur, and no one should be convicted of a DUI if testing procedures were not followed or if a sample was somehow tainted. The man’s criminal defense team will be afforded the right to review all of the evidence prosecutors intend to present to the court and to refute the charges in court.

Car accident could result in DUI charges for driver

When impairment is suspected in an accident here in Utah, the driver suspected of driving under the influence could face serious charges. If the crash resulted in the serious injury or death of anyone involved, the charges could be upgraded to felony DUI. If that happens, the potential penalties could be much more severe.

A pickup truck driver recently involved in an accident involving another vehicle could be facing charges for driving under the influence of alcohol. Preliminary police reports suggest that the man somehow lost control of his pickup on a turn and hit the second vehicle. Fortunately, the pickup truck driver was not seriously hurt, but the two occupants who were in the second vehicle suffered significant injuries.

All three people involved were taken to hospitals for treatment. The driver and passenger of the car remained hospitalized in serious but stable condition at last report. The lacerations to the pickup truck driver’s face were treated. Why officials believe that he was intoxicated was not reported.

The investigation does not appear to be complete, and charges are supposedly pending. Once all of the evidence is gathered and the statements of any witnesses are taken, the information will more than likely be given to Utah prosecutors to determine whether they believe that there is enough reason to file criminal charges against the driver. A criminal defense attorney can focus on ensuring that the man’s rights are not violated.

Even if it turns out that prosecutors believe enough evidence of DUI exists and charges are filed, that does not automatically mean that the man will be found guilty. He is presumed innocent until and unless the court finds him guilty beyond a reasonable doubt. Furthermore, if it turns out that his rights were violated during the course of the investigation, which could also affect whether charges are filed and/or withstand the scrutiny of the criminal court.