Anytime a car accident occurs, the police investigate to determine if any criminal wrongdoing occurred. Those who become the subject of one of those investigations can be in for an uphill battle. Although an individual should be considered innocent until proven guilty in a court of law, too many times the court of public opinion issues its ruling first. This can leave criminal defendants struggling to raise reasonable doubt with regard to the criminal charges they are facing.
One New York man may be in for just such a fight after being taken into custody after an accident involving a group of bicyclists. According to reports, the man stopped behind the group of bicyclists at a red light, then accelerated into them, injuring four. One of the injured individuals is still in critical condition. Some witnesses claimed they thought the accident was a terrorist attack, similar to the recent one in Spain. They claim the driver, after knocking over the bicyclists, put the car in reverse and ran over a woman, pinning her under the vehicle.
When police arrived on the scene, they conducted a breathalyzer test, analyzed the scene, and spoke with witnesses. The man was then placed under arrest and charged with drunk driving and vehicular assault, amongst other charges. These allegations are quite serious, and could result in the accused man facing the potential for serious penalties, including prison.
However, witness accounts and breathalyzer tests, while strong evidence, are not the only pieces of the puzzle that can come into play in a case like this. Breathalyzer and field sobriety tests can be inaccurate, and witnesses may embellish their stories. Additionally, in an accident like this, there is no mention of the condition of the car, which could be a critical factor. With so much at stake, individuals like this man need to ensure they put forth the strongest criminal defense they can muster.
James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.
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