I recently read an article about a lady who allegedly hit two cars and ran off eventually following into a drainage culvert.
The facts in this case present a potential issue in San Diego DUI cases for the prosecution. One the face of it one shakes their head and believes this is a slam dunk case. The female hit two cars, she ran, and then fell into drainage. I will say before I continue I do not know what she eventually told police and paramedics. However, based on the facts above I can see there may be some issues with prosecuting this person with a San Diego DUI.
1. Was she driving? Was it her car? Was she passed out and someone giving her a ride home? Was she running from someone or something? What I do know is that anytime a driver is outside the vehicle and police do not see the vehicle moving a San Diego DUI case may have issues. San Diego Driving issue cases is the toughest issue that results in the most acquittals in San Diego DUI cases.
2. Blood alcohol level- We do not know when she fell into that drainage. They can attempt to go back from the time people called about the crash. Also, this person is likely sitting in the drainage area for some time. If there is alcohol in her system it is eliminating. The key in San Diego DUI cases is to determine blood alcohol level at the time of driving. I would imagine from the time of the alleged crashes to the time this female was transported to the hospital to have blood drawn is likely several hours.
3. Field Sobriety Tests- Due to her injuries officers really cannot utilize any field sobriety tests to determine if she is San Diego DUI. The officers will have to make their opinion on other facts.
4. Observations- In San Diego hit and run DUIs it is tough for law enforcement to obtain credible evidence from an alleged drivers observations. Police look for red eyes, slurred speech, unsteady gait, etc. These can be some a San Diego DUI just as much as they can be from falling into the drainage.
These are just some issues that will likely be part of a San Diego DUI investigation. Again, we did not know what she told police. Her statements can answer some of the questions above.
In the end these issues may result in a better resolution for her. Much better than if she did get into the accident and stayed in the car and called police herself. In that case, she would be dead into the water and the prosecution would have open season on her. It is a sad fact but true. The one part as a former prosecutor I did not like was not giving consideration to people who were remorseful and came clean about being San Diego DUI. There was no need to. We had a strong case with no need to negotiate. We did however, have to consider the facts if someone denies speaking to police and does not admit anything.
These are just a slice of the potential issues that arise during San Diego DUI cases.
A woman suspected of hitting two parked cars while driving drunk was seriously injured when she jumped a fence and fell into a concrete drainage culvert, authorities said.
Officers went to an area of unincorporated Lakeside on Los Coches Road near Del Sol Road to investigate reports of a possible hit-and-run vehicle collision. When they arrived, residents told them they woke up to the sound of a loud crash.
Investigators said a driver hit two cars parked on Los Coches Road and then apparently attempted to run away.
“She apparently scaled a chain link fence and probably not realizing what as on the other side dropped into an about 25-foot-deep drainage culvert, and she sustained some pretty serious injuries during the fall,” CHP Sgt. Eric Nicholas said.
Paramedics gave the woman, who was conscious, first aid at the scene. She was then taken to a hospital for treatment of broken bones and a head injury.
The woman is expected to be charged with driving under the influence when she is released from the hospital, officials said.The full article can be found here.