If a driver is suspected of driving under the influence in the aftermath of an accident believed to be caused by him or her, additional charges could be filed in conjunction with a DUI. For example, if someone dies in the crash, the allegedly intoxicated driver could be charged with vehicular homicide as well. This appears to be the case in an accident involving a 78-year-old Tennessee man suspected of being impaired at the time of a fatal accident.
Preliminary reports from the Tennessee Highway Patrol indicate that there was a road construction crew working on Highway 88. The driver was traveling west toward the construction zone. There was a 63-year-old man in charge of detouring traffic around the crew.
Officials claim that the elderly driver failed to heed the warning signs regarding the upcoming construction site and hit the flag man. The impact threw the man approximately 30 feet, and it took about 150 feet for the vehicle to come to a stop. The Tennessee Department of Transportation worker died at the scene from the injuries he suffered in the impact.
The driver was taken into custody and faces charges of a third DUI offense and aggravated vehicular homicide, among others. The penalties associated with these crimes are severe. The United States system of just allows for anyone accused of a crime to be presumed innocent unless and until proved guilty beyond a reasonable doubt in a court of law. Accused individuals are also afforded the right to review all of the evidence prosecutors intend to provide to the court and confront any witnesses in court. Therefore, it is crucial that the man obtain criminal defense counsel as soon as possible to ensure that his legal rights are safeguarded as the criminal proceedings move forward.
Source: fox13memphis.com, "Man charged with homicide and DUI in crash that killed TDOT worker", July 28, 2016