Being charged with a DUI -- especially if it is not the first time -- can result in serious penalties and fines if a conviction is ultimately gained by the state. However, one Tennessee man is facing a nightmare situation since he has been charged with vehicular homicide in the death of his own son. The wreck also caused injury to his nephew as well.
According to the police report, the man was reportedly driving a vehicle that left the road and smashed into a utility pole. The driver supposedly told the responding officers that he had consumed approximately 32 ounces of moonshine as well as some type of illegal or prescription drug. He consented to a sobriety test which he was allegedly unable to complete in a satisfactory manner.
In addition to his alleged statements, the man purportedly displayed outward appearances of intoxication. He apparently stated that he had attempted to avoid another vehicle and that is why he swerved off the road. The driver's 10-year-old son was killed in the collision and the 11-year-old nephew was transported for treatment of his injuries.
The Tennessee father was originally charged with vehicular homicide along with his third DUI and was released on a $39,000 bond. However, a few days later, the judge amended the charges to aggravated vehicular homicide and set bail at $230,000. He was subsequently rearrested and remains in police custody. It is likely this man is consumed with grief over the loss of his child in a tragic accident, and he will possibly require considerable assistance from an experienced defense team in order to launch the best defense to these allegations. His defense attorneys will likely work to have any statements he allegedly made ruled inadmissible at trial while also thoroughly investigating to pinpoint any law enforcement procedures that may have been conducted in violation of the man's constitutional rights.
Source: wjhl.com, "Knox County father charged with killing son in DUI crash back in", Cameron Taylor, Nov. 25, 2014