A Tennessee driver was involved in a pedestrian vs. car accident at approximately 11 p.m. on April 16. The pedestrian went through the vehicle's windshield following the initial impact. The pedestrian did not survive, and officers claim that the driver was impaired. The driver is being charged with vehicular homicide.
The pedestrian and his fiance were crossing a street at the time of the accident. The woman insists they were both in a crosswalk that was clearly marked when the victim was hit. She managed to escape injury.
Officers at the scene claim the Tennessee driver smelled of alcohol and appeared intoxicated. They administered field sobriety tests, which he reportedly failed. No further details regarding the tests were provided. He allegedly admitted to officers that he consumed some wine prior to the crash. Bail for the accused man was set at $150,000.
The first responsibility of law enforcement officials is to protect the citizens in the community in which they serve. That includes individuals accused of a crime. The man's criminal defense team will need to review all of the procedures followed by officers to ensure they were performed correctly and protected the accused man's rights. If any steps were not properly taken, it could affect the outcome of the charges.
The potential penalties associated with a conviction for vehicular homicide demand that an individual accused of the crime be given every opportunity to defend himself or herself. Fortunately, the criminal justice system presumes anyone accused of a crime to be innocent until and unless proved guilty in a court. The accused individual and his defense team will likely focus on assessing the evidence in the possession of prosecutors in order to make appropriate legal challenges as the case proceeds to court. As prosecutors are put to their proof, opportunities for plea negotiations may also present themselves for consideration.
Source: newschannel5.com, "Driver Charged In Crash That Killed Pedestrian", , April 17, 2014