An 84-year-old South Carolina man was recently charged with DUI after his SUV collided with a stopped motorcycle. Most DUI charges are misdemeanors, but since the motorcyclist was seriously injured in the crash, the 84-year-old now faces a charge of felony drunk driving.
According to police, the elderly man's SUV was moving at about 20 miles per hour when it collided with the motorcycle that was stopped at a traffic light. The 29-year-old on the bike was said to have suffered pelvic fractures and was taken to a local hospital.
The accident report claims the elderly man was facing a green arrow that directed the SUV to head straight on the roadway. But instead of going straight, the 84-year-old apparently turned left into the direction of oncoming traffic, colliding with the motorcycle that was stopped at another traffic light.
The elderly man was not injured in the crash. Police apparently administered a sobriety test, which showed his blood-alcohol content to be 0.13 percent, which is over the legal limit to drive. But readers in the Columbia area may know that such tests are not always accurate. For his own defense, the SUV driver may want to take steps to determine whether the arresting officers administered the blood-alcohol test properly.
Still, since a serious injury resulted from the accident, prosecutors will aggressively pursue the felony charge against the 84-year-old. If convicted, he could face up to 25 years in prison. Such a heavy penalty highlights the importance of taking a close look at the circumstances of an arrest. Police reports almost always point toward conviction, but there often exist mitigating factors that could result in a reduction of charges.
Source: The Post and Courier, "Man, 84, arrested on felony DUI charge after crash with motorcyclist," Andrew Knapp, April 2, 2012Tags: DUI defense, blood-alcohol tests, drunk driving accidents, felony DUIComments: Leave a commentNo CommentsLeave a commentComment InformationNamePlease enter your name.E-mail AddressPlease enter a valid e-mail address.WebsiteCommentCategoriesBlood-Alcohol TestsBoating Under the InfluenceDrunk Driving ChargesFelony DUIField Sobriety TestsArchivesJuly 2012June 2012May 2012April 2012March 2012February 2012Complete Archives Recent Posts Traffic fatalities may lead to DUI crackdown in Lexington Felony DUI charge for Wagener woman Lexington solicitor passes field sobriety test, avoids DUI South Carolina police crack down on drunk boating in summer heat Popular Topicsarrest videoblood-alcohol testsboating under the influencebreath test refusalBreathalyzercriminal defensedriver's license suspensiondrunk drivingdrunk driving accidentsDUI chargeDUI checkpointsDUI defenseDWI chargefelony DUIfield sobriety testsfirst-time offenderignition interlock deviceLexington Countypolice reportsSouth Carolina lawBlogroll Denver DUI Lawyer Blog Minneapolis Drunk Driving Defense Lawyer Blog Dallas DWI Lawyer Blog
View the Original article