A Georgia man is facing serious criminal charges after a fatal accident in Gwinnett County. Due to the nature of the specific charges he is up against, a strong DUI defense strategy may be necessary. After the accident, the charges against him included DUI and following too closely. However, charges were upgraded from serious injury by vehicle to vehicular homicide after a person hurt in the accident was declared brain dead by doctors and passed away.
According to the accident report, the victim was stopped at an intersection when the accused, coming from behind, struck the rear of the other vehicle as he was attempting to change lanes. The force of the crash caused both vehicles to rotate in the lane, resulting in injury to other drivers as well. Law enforcement impounded both vehicles for further investigation.
Because both drivers suffered serious injuries, police enlisted the help of the Accident Investigation Unit. A member of the AIU investigative team went to the hospital to check on the drivers and determined that the driver believed responsible was intoxicated. However, it is not clear whether a blood test was administered or what other physical evidence was gathered against the driver.
A person facing drunk driving charges is presumed innocent unless and until proven guilty. Accused Georgia drivers have the right to challenge the formal accusations against them, including how any test samples were handled and the procedures followed by law enforcement. In this situation, a strong DUI defense is necessary if the driver wishes to fight back and challenge the prosecution's case.